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HomeMy WebLinkAbout2008-04-15-Meeting Agenda Commission Meeting Agenda Commission Chamber 4/15/2008 2:00 PM INVOCATION: Reverend Dr. Sam Tanksley, Pastor Thankful Baptist Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) Augusta State 2007-2008 Men's Basketball Team A. Congratulations! - Augusta State University Men's Basketball Team on becoming a National Finalist in the 2008 Division II NCAA National Championship March 29, 2008 Springfield , Massaschusetts. (Requested by Commissioner Joe Jackson) Attachments Five (5) minute time limit per delegation DELEGATIONS B. Ms. Jane Howington, President, Augusta Library Board of Trustees. RE: Funding for the new headquarters library construction. Attachments C. Mr. Roger Duke on behalf of Brenda Durant, Executive Director Greater Augusta Arts Council. RE: Introduction of the new James Brown Camera. Attachments CONSENT AGENDA (Items 1-14) PLANNING 1. Z-08-29 - A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Randy P. Walden requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .16 acres and is known under the present numbering system as 1833 Fenwick Street. (Tax Map 035-4-138- 00-0) DISTRICT 1 Attachments 2. Z-08-30 - A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by James Mantooth, on behalf of Belair Baptist Church, requesting a Special Exception to expand an existing church per Section 26-1 (a) of the Comprehensive Zoning Ordinance for Augusta- Richmond County affecting property containing approximately .52 acres and is known under the present numbering system as 4005 Jimmie Dyess Parkway. (Tax Map 066-0-055-00-0) DISTRICT 3 Attachments 3. Z-08-31 - A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Tikiea Troy requesting a Special Exception to establish a Family Day Care Home per Section 26-1 (f) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .44 acres and is known under the present numbering system as 3321 Cockatoo Road. (Tax Map 010-0-099-00-0) DISTRICT7 Attachments 4. Z-08-33- A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Elmira Roulhac requesting a change of zoning from Zone A (Agriculture) to Zone R-3C (Multiple-family Residential) to establish a Congregate Personal Care Home affecting property containing 1.2 acres and is known under the present numbering system as 1840 and 1842 Phinizy Road. (Tax Map 144-0-015-00- 0 and 144-0-016-00-0) DISTRICT 6 Attachments 5. Z-08-34– A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Willie Walker, on behalf of Willie Walker and the estate of Maurice Steinberg, requesting a change of zoning from Zone R-2 (Two- family Residential) to Zone P-1 (Professional) affecting property containing .13 acres and known under the present numbering system as 1616 & 1618 Martin Luther King Jr. Blvd. (Tax Map 059-3-411-00-0 & 059-3-412-00-0) DISTRICT 2 Attachments 6. FINAL PLAT – GRANDWOOD – S-714-I - A request for concurrence with the Augusta-Richmond County Planning Commission to approve petition by Southern Land Surveyors, on behalf of Randy Gilbert requesting final plat approval for Grandwood Subdivision. This residential subdivision is located on Milledgeville Road, west of Barton Chapel Road and containing 47 lots. Attachments 7. FINAL PLAT – NEWTOWNE SUBDIVISION – S-713 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by H. Lawson Graham and Associates, on behalf of Randy Watkins, requesting final plat approval for Newtowne Subdivision. This residential subdivision is located on Boy Scout Road and contains 25 lots. Attachments 8. Z-08-20 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the following conditions 1) parking on Wheeler Road side to be improved to provide 5 marked parking spaces 2) no severe dementia cases shall be allowed and 3) hours of operation shall be limited to 6:00 P.M.; a petition by Eugene Bruker requesting a Special Exception to establish an Adult Day Care Center per Section 26-1 (e) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .83 acres and known under the present numbering system as 3497 Wheeler Road. (Tax Map 023 Parcel 041) DISTRICT 7 Attachments 9. Z-08-28 - A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Charter Attachments South Inc., on behalf of James Riles, requesting a Special Exception in a B-1 (Neighborhood Business) Zone to establish a convenience store (gas/food mart) per Section 21-2 (b) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .84 acres and is known under the present numbering system as 1210 Twiggs Street. (Tax Map 060- 1-087-00-0) DISTRICT 1 10. SPA-05 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve an amendment to the Ordinance regulating Site Plans in Augusta, Georgia, is amended by adding the following at Article III, Section 302, at Subsection F- Sidewalks Attachments PUBLIC SERVICES 11. Motion to approve an Ordinance to amend the Augusta Richmond County Code Article Three Chapter One relating to curfew for minors so as to establish regulations for teen social clubs; to repeal all Ordinances and parts of Ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by Commission April 1, 2008 - second reading) Attachments PETITIONS AND COMMUNICATIONS 12. Motion to approve the minutes of the regular meeting of the Commission held on April 1, 2008. Attachments APPOINTMENT(S) 13. Motion to approve the appointment of Ms. Kay Roland to the General Aviation Commission representing District 2. Attachments 14. Motion to approve the appointments of Mr. Willie J. Gardon, General Aviation Commission, Mr. James McCormick, Small Business Citizens Advisory Council and Gwendolyn Watts, ARC Human Relations Commission representing District 4. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 4/15/2008 AUGUSTA COMMISSION REGULAR AGENDA 4/15/2008 (Items 15-39) PLANNING 15. RESOLUTION - Request for a road name change of Lincolnton Parkway to Antyhony Dejuan Parkway. Attachments 16. Z-08-32 - A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Alma Johnson, on behalf of Bobby Scarboro Jr., requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta- Richmond County affecting property containing .5 acres and is known under the present numbering system as 2104 Sanders Road. (Tax Map 098-3-213-00-0) DISTRICT 2 Attachments 17. Z-08-27 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the conditions listed below a petition by Jack N. Coley, on behalf of Curtis Baptist Foundation, requesting a modification of conditions resulting from change of zoning in 2006 (Z-06-30) to Zone B-2 (General Business) with conditions affecting property containing approximately 11.4 acres and known under the present numbering system as 1128 Marks Church Road (Tax Map 031 Parcel 004-01) DISTRICT 3 Use of property shall be limited to uses permitted under the present zoning (B-1; with conditions) or the following uses permitted in the B-2 (General Business) zone: · Hotel Golf driving range Boat dealership Funeral home New car dealership with incidental functions; parts sales, service, repair and used car Attachments sales Mini-warehouses A 50 foot undisturbed natural buffer adjoining Kingston Subdivision with an 8 foot fence or wall constructed of masonry, solid board or chain link (with slats) on the inner side of the buffer; No access to Dominica Drive; The maximum height of any sign on the property shall be 50 feet; Developer to pay for any improvements within the right of way deemed necessary to accommodate development that are not part of the GA DOT project; and Illumination: · All building wall lighting on walls facing Kingston Subdivision shall be directed down the building, not outward; · All freestanding lighting located within 100 feet of Kingston Subdivision shall be full cutoff lighting that does not shine onto Kingston properties. There shall be no more than 5 freestanding lights within 100 feet of Kingston Subdivision; · All other lighting shall be directed away from the area within 100 feet from Kingston Subdivision. 7. The maximum height of any structure shall be 55 feet. PUBLIC SERVICES 18. Approve revised job description and new position recommendation. Attachments 19. Approve request to approve the contract between Augusta Regional Airport and Republic Parking for Parking Management Services. Attachments 20. An Ordinance to amend the Augusta-Richmond County Code Title Six, Section 6-2-76 relating to License and Business Regulations; To establish provisions for a Hardship Application for an Alcoholic Beverage License; To repeal all ordinances and parts of ordinances in conflict herewith; to provide an effective date and for other purposes. (Requested by Commissioner Jerry Brigham) Attachments 21. Discuss repairs to locks - New Savannah Bluff Lock and Dam. Attachments ADMINISTRATIVE SERVICES 22. Authorize acceptance of Grant Agreements between the City and the U.S. Department of Housing & Urban Development for receipt of Year 2008 CDBG, HOME, ADDI, ESG and HOPWA Funds. Attachments 23. Consider for approval the reprogramming of $135,102.52 in Community Development Block Grant (CDBG) Funds and $9,475 in Emergency Shelter Grant (ESG) Funds. Attachments 24. Approval for Augusta to enter into a contract with the Pollock Company to be the service provider for “Copier Management Service” for the City of Augusta. Attachments FINANCE 25. Motion to approve a request by retired members of the 49 Pension Plan for a pay increase. (See attached letter) Attachments 26. Motion to approve/ratify the 2008 Budget Funding Agreements between Augusta, Ga. and DFCS, Lucy Laney Museum, Child Enrichment, CSRA Regional Development Center, ARC Library,Miracle Making Ministries, Inc., SafeHomes of Augusta and ARC Land BankAuthority. Attachments 27. Motion to adopt resolution authorzing acceptance of the Recreational Trails Program grant award for Butler Creek Nature Corridor via the Southeastern Land Trust with local match in the amount of $56,200.00 Attachments 28. Motion to approve moving the implementation date for the 2008 $2000 pay increase for Public Safety Officers from August 1, 2008 to May 1, 2008. Attachments 29. Receive recommendation from the Administrator regarding a Attachments request from The Angelic Community Resource Development, Inc.for city financial sponsorship of the Barber & Beauty Bar-B- Que. (Deferred from the Commission April 1, 2008 meeting) ENGINEERING SERVICES 30. Amend Contract with Heery International for Program Management Services to approve a 2-year extension, with optional third year, approve the billing rates for each year for the extension, and revise the fee distribution to align with the revised project list. This will extend the Contract to May, 2010, with an Option to May, 2011, and maintain managerial continuity through completion of the projects. Attachments 31. Approve award of contract for Elevator Maintenance at the Municipal Building (Hydraulic Elevators only), LEC and Charles B. Webster Detention Center to the low bidder, Premier Elevator. The contract is for one year, with two additional one year renewal options. Attachments 32. Consider a request from the Downtown Development Authority to vacate/surrender the alley at 840 Reynolds Street for a major hotel development. Attachments 33. Authorize the Engineering Department to approve Supplemental Agreement Six (6) with PBS & J in the amount of $162,164 for the engineering and design of the high mast street lighting for the Wrightsboro Road/I-520 interchange as part of the improvements to Wrightsboro Road from Jimmie Dyess Parkway to I-520, ARC# 323-04-296823309. Funds will be transferred from the project Right of Way account to the project Engineering Account. GDOT advised on November 16, 2007 that the estimated $1.6 million construction cost will be added to the Wrightsboro Road project. Attachments PETITIONS AND COMMUNICATIONS 34. Motion to approve a 2008 Georgia Department of Community Affairs pass-through grant award to E3 Foundation in the amount of $20,000. Attachments ATTORNEY 35. Motion to authorize condemnation of a portion of twelve properties owned by Pioneers, Inc. for the purpose of acquiring various permanent and temporary construction easements necessary for the project as listed in the attached summary. (Belair Hills S/D Project No. 324-04-203824335) Attachments 36. Motion to authorize condemnation of a portion of a property owned by Alin Mar Investments; previously owned by Pioneer, Inc. 0 square feet of permanent easement and 373 square feet of temporary construction easement, PIN: 051-0-228-00-0, property address: 3959 Barrett Street. Attachments 37. Motion to authorize condemnation of a portion of a property owned by J. Lovett Homes and Construction, LLC; previously owned by Pioneer, Inc. 2312 square feet of permanent easement and 2528 square feet of temporary construction easement, PIN: 051-0-075-00-0, property address: 1714 Orange Avenue. Attachments 38. Motion to authorize condemnation of a portion of a property owned by Charlie and Sarah Jones: 3,250 square feet of permanent construction easement and 3,030 square feet of temporary construction easement, PIN: 139-0-376-00-0 property address: 3012 Yellowwood Court. Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. Upcoming Meetings www.augustaga.gov 39. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 4/15/2008 2:00 PM Rev. Sam Tanksley Department: Caption:Reverend Dr. Sam Tanksley, Pastor Thankful Baptist Church. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 1 Commission Meeting Agenda 4/15/2008 2:00 PM Augusta State 2007-2008 Men's Basketball Team Department: Caption: Congratulations! - Augusta State University Men's Basketball Team on becoming a National Finalist in the 2008 Division II NCAA National Championship March 29, 2008 Springfield , Massaschusetts. (Requested by Commissioner Joe Jackson) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 2 Commission Meeting Agenda 4/15/2008 2:00 PM Augusta Library Department: Caption:Ms. Jane Howington, President, Augusta Library Board of Trustees. RE: Funding for the new headquarters library construction. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 3 Commission Meeting Agenda 4/15/2008 2:00 PM Greater Augusta Arts Council Department: Caption:Mr. Roger Duke on behalf of Brenda Durant, Executive Director Greater Augusta Arts Council. RE: Introduction of the new James Brown Camera. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 4 Attachment number 1 Page 1 of 1 Item # 4 Commission Meeting Agenda 4/15/2008 2:00 PM Planning Commission Department:Planning Commission Caption: Z-08-29 - A request for concurrence with the Augusta- Richmond County Planning Commission to approve a petition by Randy P. Walden requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta- Richmond County affecting property containing .16 acres and is known under the present numbering system as 1833 Fenwick Street. (Tax Map 035-4-138-00-0) DISTRICT 1 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 5 Commission Meeting Agenda 4/15/2008 2:00 PM Planning Commission Department:Planning Commission Caption: Z-08-30 - A request for concurrence with the Augusta- Richmond County Planning Commission to approve a petition by James Mantooth, on behalf of Belair Baptist Church, requesting a Special Exception to expand an existing church per Section 26-1 (a) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately .52 acres and is known under the present numbering system as 4005 Jimmie Dyess Parkway. (Tax Map 066-0-055-00-0) DISTRICT 3 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 6 Cover Memo Item # 6 Commission Meeting Agenda 4/15/2008 2:00 PM Planning Commission Department:Planning Commission Caption: Z-08-31 - A request for concurrence with the Augusta- Richmond County Planning Commission to approve a petition by Tikiea Troy requesting a Special Exception to establish a Family Day Care Home per Section 26-1 (f) of the Comprehensive Zoning Ordinance for Augusta- Richmond County affecting property containing .44 acres and is known under the present numbering system as 3321 Cockatoo Road. (Tax Map 010-0-099-00-0) DISTRICT7 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 7 Commission Meeting Agenda 4/15/2008 2:00 PM Planning Commission Department:Planning Commission Caption: Z-08-33- A request for concurrence with the Augusta- Richmond County Planning Commission to approve a petition by Elmira Roulhac requesting a change of zoning from Zone A (Agriculture) to Zone R-3C (Multiple-family Residential) to establish a Congregate Personal Care Home affecting property containing 1.2 acres and is known under the present numbering system as 1840 and 1842 Phinizy Road. (Tax Map 144-0-015-00-0 and 144-0-016-00-0) DISTRICT 6 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 8 Cover Memo Item # 8 Commission Meeting Agenda 4/15/2008 2:00 PM Planning Commission Department:Planning Commission Caption: Z-08-34– A request for concurrence with the Augusta- Richmond County Planning Commission to approve a petition by Willie Walker, on behalf of Willie Walker and the estate of Maurice Steinberg, requesting a change of zoning from Zone R-2 (Two-family Residential) to Zone P-1 (Professional) affecting property containing .13 acres and known under the present numbering system as 1616 & 1618 Martin Luther King Jr. Blvd. (Tax Map 059-3-411-00-0 & 059-3-412-00-0) DISTRICT 2 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 9 Cover Memo Item # 9 Commission Meeting Agenda 4/15/2008 2:00 PM Planning Commission Department:Planning Commission Caption: FINAL PLAT – GRANDWOOD – S-714-I - A request for concurrence with the Augusta-Richmond County Planning Commission to approve petition by Southern Land Surveyors, on behalf of Randy Gilbert requesting final plat approval for Grandwood Subdivision. This residential subdivision is located on Milledgeville Road, west of Barton Chapel Road and containing 47 lots. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 10 Commission Meeting Agenda 4/15/2008 2:00 PM Planning Commission Department:Planning Commission Caption: FINAL PLAT – NEWTOWNE SUBDIVISION – S-713 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by H. Lawson Graham and Associates, on behalf of Randy Watkins, requesting final plat approval for Newtowne Subdivision. This residential subdivision is located on Boy Scout Road and contains 25 lots. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 11 Commission Meeting Agenda 4/15/2008 2:00 PM Planning Commission Department:Planning Commission Caption: Z-08-20 – A request for concurrence with the Augusta- Richmond County Planning Commission to approve with the following conditions 1) parking on Wheeler Road side to be improved to provide 5 marked parking spaces 2) no severe dementia cases shall be allowed and 3) hours of operation shall be limited to 6:00 P.M.; a petition by Eugene Bruker requesting a Special Exception to establish an Adult Day Care Center per Section 26-1 (e) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .83 acres and known under the present numbering system as 3497 Wheeler Road. (Tax Map 023 Parcel 041) DISTRICT 7 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 12 Clerk of Commission Cover Memo Item # 12 Commission Meeting Agenda 4/15/2008 2:00 PM Planning Commission Department:Planning Commission Caption: Z-08-28 - A request for concurrence with the Augusta- Richmond County Planning Commission to approve a petition by Charter South Inc., on behalf of James Riles, requesting a Special Exception in a B-1 (Neighborhood Business) Zone to establish a convenience store (gas/food mart) per Section 21-2 (b) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .84 acres and is known under the present numbering system as 1210 Twiggs Street. (Tax Map 060-1- 087-00-0) DISTRICT 1 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 13 Cover Memo Item # 13 Commission Meeting Agenda 4/15/2008 2:00 PM Planning Commission Department:Planning Commission Caption: SPA-05 – A request for concurrence with the Augusta- Richmond County Planning Commission to approve an amendment to the Ordinance regulating Site Plans in Augusta, Georgia, is amended by adding the following at Article III, Section 302, at Subsection F- Sidewalks Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 14 Commission Meeting Agenda 4/15/2008 2:00 PM Planning Commission Department:Planning Commission Caption:RESOLUTION - Request for a road name change of Lincolnton Parkway to Antyhony Dejuan Parkway. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 15 RESOLUTION WHEREAS: Commissioner Alvin Mason initiated a request for a Road Name Change of Lincolnton Parkway to Anthony Dejuan Parkway. WHEREAS: The existing road name of Lincolnton Parkway appears not to have significance in the area, being an internal subdivision road within Fairington Subdivision. WHEREAS: It is proposed that the entire portion of the roadway known as Lincolnton Parkway will be named Anthony Dejuan Parkway. WHEREAS: The road name change is acceptable to the minimum requirement of 66% of the property owners (66.98% have approved the name change) along the subject road. Commissioner Mason and Jacqueline Boatwright collected the necessary signatures from the residents. NOW THEREFORE, BE IT RESOLVED BY THE AUGUSTA COMMISSION: THEREFORE: Let it be known that Augusta, Georgia does hereby adopt the road name change of Lincolnton Parkway to Anthony Dejuan Parkway. Traffic Engineering should be notified of the road name change and road signs should be erected accordingly. ______________________________ ______________________________ Lena Bonner, Clerk of Commission Deke Copenhaver, Mayor CERTIFICATE The undersigned qualified and acting Clerk of the Augusta Commission certifies that the foregoing is a true and correct copy of a resolution adopted at a legally convened meeting of the Augusta Commission held on ________________________. ______________________________ Lena Bonner, Clerk of Commission ______________________________ Date Attachment number 1 Page 1 of 1 Item # 15 Commission Meeting Agenda 4/15/2008 2:00 PM Planning Commission Department:Planning Commission Caption: Z-08-32 - A request for concurrence with the Augusta- Richmond County Planning Commission to approve a petition by Alma Johnson, on behalf of Bobby Scarboro Jr., requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .5 acres and is known under the present numbering system as 2104 Sanders Road. (Tax Map 098-3-213-00-0) DISTRICT 2 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 16 Cover Memo Item # 16 Commission Meeting Agenda 4/15/2008 2:00 PM Planning Commission Department:Planning Commission Caption: Z-08-27 – A request for concurrence with the Augusta- Richmond County Planning Commission to approve with the conditions listed below a petition by Jack N. Coley, on behalf of Curtis Baptist Foundation, requesting a modification of conditions resulting from change of zoning in 2006 (Z-06-30) to Zone B-2 (General Business) with conditions affecting property containing approximately 11.4 acres and known under the present numbering system as 1128 Marks Church Road (Tax Map 031 Parcel 004-01) DISTRICT 3 Use of property shall be limited to uses permitted under the present zoning (B-1; with conditions) or the following uses permitted in the B-2 (General Business) zone: · Hotel Golf driving range Boat dealership Funeral home New car dealership with incidental functions; parts sales, service, repair and used car sales Mini-warehouses A 50 foot undisturbed natural buffer adjoining Kingston Subdivision with an 8 foot fence or wall constructed of masonry, solid board or chain link (with slats) on the inner side of the buffer; No access to Dominica Drive; The maximum height of any sign on the property shall be 50 feet; Developer to pay for any improvements within the right of way deemed necessary to accommodate development that are not part of the GA DOT project; and Illumination: · All building wall lighting on walls facing Kingston Subdivision shall be directed down the building, not outward; · All freestanding lighting located within 100 feet of Kingston Subdivision shall be full cutoff lighting that does not shine onto Kingston properties. There shall be no more than 5 freestanding lights within 100 feet of Kingston Subdivision; · All other lighting shall be directed away from the area within 100 feet from Kingston Subdivision. 7. The maximum height of any structure shall be 55 feet. Background: Cover Memo Item # 17 Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 17 Commission Meeting Agenda 4/15/2008 2:00 PM Airport job description/position Department:Augusta Regional Airport at Bush Field Caption:Approve revised job description and new position recommendation. Background:The Aviation Commission is requesting a reclassification of the Airport Director’s position from a pay grade 61 to a pay grade 65 and the creation of a Deputy Director’s position, pay grade 63. The requested reclassification of the Airport Director’s position is needed to adequately compensate and compete in the southeastern airport market. The field of Aviation is very competitive and it is the desire of the Aviation Commission to attract and retain a highly qualified individual that will ensure the continued success and development of Augusta Regional Airport. The Deputy Director’s position is a newly created position. The purpose of this position, as determined by the Aviation Commission, is to maintain continuity of the Airport’s operations in the absence of the Airport Director. It is an executive level position that will be responsible for overall operations and will be reporting directly to the Airport Director. Analysis:The proposed salary range was recommended by the Airport Financial Consultant. It was based on airports surveyed throughout the southeast of comparable size. Airport Director - Pay Grade / 65 Salary range $96,416 -$144,624 Deputy Director - Pay Grade / 63 Salary range $87,015 - $130,523 Financial Impact:The potential financial impact for the Director's position is approximately $18,000 to $27,000 per year. The potential financial impact for the Deputy Director's position is approximately $23,000 to $39,000 per year. Alternatives:Not approve the Aviation Commission Request Cover Memo Item # 18 Recommendation:Approve the request Funds are Available in the Following Accounts: 551081101 REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Cover Memo Item # 18 Attachment number 1 Page 1 of 1 Item # 18 Attachment number 2 Page 1 of 1 Item # 18 Commission Meeting Agenda 4/15/2008 2:00 PM Airport Parking Management Contract Department:Augusta Regional Airport Caption:Approve request to approve the contract between Augusta Regional Airport and Republic Parking for Parking Management Services. Background:Republic Parking, through the RFP process,was selected for the airport Parking Management Services by the Aviation Commission and Augusta Commission in December 2007. Analysis:The estimated revenue for the airport is $900,000 annually. This is a large revenue source for the airport. After reviewing proposals from the companies that responded to the RFP, Republic Parking was selected by both Commissions. Financial Impact:Annual Management Fees as follows: 2008 - $45,000 2009 - $47,500 2010 - $49,613 Alternatives:Deny request. Recommendation:Approve request. Funds are Available in the Following Accounts: 5510811013492401 REVIEWED AND APPROVED BY: Finance. Administrator. Cover Memo Clerk of Commission Cover Memo Page 1 PARKING MANAGEMENT AGREEMENT PUBLIC PARKING FACILITIES AT AUGUSTA REGIONAL AIRPORT THIS AGREEMENT , made and entered into this ___ day of _________ , 2008, between the Augusta Aviation Commission, an instrumentality of Augusta, Georgia, and Augusta, Georgia, a political subdivision of the State of Georgia, 1501 Aviation Way, Augusta, Georgia 30906-9600, (hereinafter collectively "Commission"), and Republic/NFR&CS Parking System, LP with offices at Suite 2000 Republic Centre in Chattanooga, Tennessee 37450, (hereinafter "Operator"). “Executive Director” shall be defined to mean the individual who has been appointed by the Augusta Aviation Commission to administer for and on behalf of the Commission the business affairs of the Airport. WHEREAS, The Commission is the operator of Augusta Regional Airport (hereinafter "Airport"), located in the County of Richmond, State of Georgia, and WHEREAS, the Commission deems it advantageous to the public to retain the services of a company specializing in the management, operation and marketing of airport public parking facilities; and WHEREAS, the Commission has solicited responses to a Request for Proposal to manage, operate and market its airport public parking facilities; and WHEREAS, the Commission has determined that the Operator’s response to the Commission’s Request for Proposals to manage, operate and market the Airport’s public parking facilities was the proposal most advantageous to the Commission and to the public interest; and WHEREAS, the Commission and Operator desire to enter into an Agreement based on the Operator’s response to the Commission’s Request for Proposals. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties do hereby agree as follows: Page 2 ARTICLE 1 PREMISES The Operator agrees to manage, operate, and market, in accordance with the terms of this Agreement, all paid public parking facilities (hereinafter “Premises”) located at the Airport. These Premises include Long Term Lot-B consisting of 426 spaces, Short Term Lot-A1 consisting of 115 spaces, Short Term Lot-A2 consisting of 115 spaces. ARTICLE 2 TERM 1. This Agreement shall commence at 12:00 a.m. on January 1, 2008 and continue for a period of three (3) years terminating at midnight on December 31, 2010. 2. The Commission reserves the right to renew this Agreement at the sole discretion of the Commission and under terms to be determined by the Commission, for two (2) additional one (1) year renewal terms. If the Commission chooses to exercise its right to renew this Agreement, the Operator shall be notified of the terms to which the Commission shall exercise this right, at least one-hundred twenty (120) days before the expiration of this Agreement. The Operator shall have the choice as to whether to accept the Commission’s proposal, or allow the Agreement to expire, and shall so notify the Commission in writing within thirty (30) days of receipt of Commission’s proposal. Nothing in this paragraph shall be construed as to require the Commission to exercise such option to renew or to require the Operator to accept such proposal from the Commission. ARTICLE 3 GROSS RECEIPTS 1. The Operator shall collect and hold in trust for and on behalf of the Commission all Gross Receipts due from parking customers. “Gross Receipts due” as used herein shall be defined as all sums collected by the Operator or sums which should have been collected by the Operator from Page 3 the rental of space for the parking and storage of motor vehicles whether on an hourly, daily, weekly, or monthly basis, less all refunds, credit card fee discounts, and other discounts as authorized by the Commission; sales tax, use tax, excise tax, occupancy tax, gross receipts tax, or other taxes assessed upon or attributable to said receipts. Said taxes shall be held by the Operator and paid directly to the taxing entity involved. All taxes, discounts and refunds shall be accounted for and included in the Operator’s monthly revenue statement including fees or discounts paid to a third party derived from usage of credit cards to pay parking fees. Gross Receipts due the Commission shall include and reflect adjustments for any and all cashier shortages, overcharges, undercharges, and uncollected parking fees. Dishonored checks, uncollectible or uncollected fees and credit card charges and other bad debts shall not be included in gross receipts provided such transactions were processed in accordance with procedures previously accepted and approved by the Executive Director. 2. The Operator shall deposit all cash Receipts into an account as designated by the Commission and in the name of the Commission, prior to the end of the next banking day after collection. A penalty for failure to deposit said cash Receipts by the end of the next banking day following collection shall be assessed equaling ten percent (10%) of the total amount of that day’s Gross Receipts. Failure to deposit the cash Receipts within the required time period in excess of two (2) occurrences per month shall be cause for immediate termination of this agreement. 3. The Operator shall submit to the Executive Director a monthly statement accounting for all “Gross Receipts” due by the twentieth (20th) day of the month following the month of operation. The monthly revenue statement shall be in a format approved by the Executive Director. Failure to submit this statement on or before the indicated date may be cause for immediate cancellation of this agreement. ARTICLE 4 OPERATING EXPENSES Page 4 1. Prior to the commencement of this Agreement, the Commission shall advance to Operator one twelfth (1/12) of the first year annual budgeted expenses exclusive of the Management Fee. This will be considered an operating advance and used to pay costs incurred for operating expenses. Upon termination of the Agreement, Operator shall return to Commission the remaining balance of the operating advance. 2. The Commission shall reimburse the Operator for all approved operating expenses incurred in the management, operation and marketing of the Premises. “Operating Expenses” as used herein shall include all expenses relating to the management, operation and marketing of the Premises, including all salaries and wages, workmen’s compensation insurance as provided by state law, related payroll taxes, uniforms, supplies, tools, cleaning, maintenance, repair costs to revenue control/office equipment, certified annual audit, tickets, postage, office and marketing expense, hospitalization insurance, and other expenses as authorized and included within an operating budget approved in advance by the Commission. 3. Specifically, Operating Expenses shall not include costs of business licenses, permits, headquarters bookkeeping, administrative, or accounting fees, liability insurance as described in Article 18, bid/proposal, performance and fidelity bonds which shall be paid by the Operator from the Operator’s Management Fee as defined in Article 5. Operating Expenses shall also not include taxes on the Operator’s personal property, debt retirement, or any other expenditure that is not included in the Operator’s approved annual budget as included and defined herein, and not approved by the Commission in writing. 4. The Operator shall invoice the Commission, by the twentieth (20th) day of the month following the month of operation, for its Operating Expenses incurred in a single monthly period. The Commission shall reimburse the Operator for all authorized and approved budgeted expenses, less any undocumented expenses, within thirty (30) days following receipt by the Commission of Page 5 such invoice. The monthly Operator’s Management Fee shall be included in the monthly invoice. Except for payroll and payroll related expenses, receipts for all expenditures shall be included with the monthly invoice. Payroll and payroll related expenses shall be submitted in accordance with the policies agreed to between the Commission and the Operator. The monthly invoice shall be in a format approved by the Executive Director. 5. Any disputed invoices or charges shall be deducted by the Commission from the Operator’s invoice. The Executive Director shall provide the Operator, in writing at the time of payment of the monthly invoice, reasons for the deduction. The Operator, within thirty (30) days, has the right to present a written explanation of the disputed invoices or charges to the Commission. The Executive Director shall determine the validity of the disputed invoices or charges based on additional documentation supplied by the Operator. If approved, after additional documentation is considered, the amount shall be added to the next invoice paid by the Commission. The Executive Director’s decision in any matter pertaining to disputed invoices or charges is final. ARTICLE 5 MONTHLY MANAGEMENT FEE As compensation for the Operator’s performance hereunder, the Commission shall pay to the Operator each month a Management Fee. Such fee shall be included in the monthly invoice as indicated in Article 4. The monthly management fee shall be one-twelfth (1/12) of the annual management fee for each year or succeeding year as defined in Article 2. The annual management fee shall be as follows: 2008 - $45,000 2009 - $47,500 2010 - $49,613 Ten percent of the management fee will be withheld from the operator’s invoice and remitted to the Page 6 operator upon satisfactory compliance of requirements as set forth in articles 4, 6, 7, 8, 9, 10, 12, 15. The remittance will be paid to the operator by the 31st day of the month following each quarter. ARTICLE 6 ANNUAL BUDGET 1. The Operator shall submit to the Commission, ninety (90) days prior to each anniversary date of this Agreement, an annual and monthly budget, for all Operating Expenses to be incurred during the year. The Commission shall notify the Operator of any changes to the budget or budget approval, on or before the anniversary date of this Agreement. 2. Upon approval by the Commission, all Operating Expenses included in the annual budget shall be considered authorized and reimbursable, as incurred, to the Operator. Changes to the annual budget shall be approved in writing by the Commission. Any expense incurred by the Operator above the pre-approved budget amount shall not be reimbursed by the Commission unless prior written approval is received from the Executive Director. 3. Following execution and return of this Agreement to the Commission, the Operator shall, within 30 days, of the commencement of this Agreement, furnish the Commission with a monthly budget for the first year of this Agreement which shall be the same budget submitted for the first year included in the Operator’s Proposal unless otherwise revised and approved by the Commission. ARTICLE 7 OPERATIONAL PROCEDURES AND POLICY MANUAL 1. An Operational Procedures and Policy Manual (hereinafter “Manual”), reflecting the operation of the facility as proposed by the Operator shall be submitted to the Executive Director within thirty (30) days of the commencement date of this Agreement. The Manual shall include, at a minimum, the following: Page 7 a. General operating and management policies b. Customer service policies c. Example of monthly invoice to Commission d. Cash control, audit and ticket exceptions including validation procedures e. Lost Ticket and Missing Ticket procedures f. Employee job descriptions g. Employee training guide h. Employee schedules i. Emergency procedures and phone numbers j. Manager’s office and home phone number k. Company personnel policies l. Check and credit card approval procedures 2. The Manual shall be modified as the operation of the facility or the information contained in the Manual changes. The Operator is responsible for the maintenance of the Manual to assure that all data is current. The Manual shall be reviewed and revised annually within 30 days following the annual commencement date of this Agreement. It shall be the Operator’s responsibility to submit the revised manual for review and approval by the Executive Director. ARTICLE 8 RECORDS AND REPORTS 1. The Operator shall keep and maintain true and accurate records of gross receipts and operating expenses in accordance with generally accepted accounting principles. The Operator shall submit daily to the Executive Director or designated representative a validated deposit slip for the previous day(s)’s receipts. The Operator shall submit monthly to the Executive Director, or designated representative, as directed by the Executive Director, the following: Page 8 a) An activity report reconciling total Gross Receipts to the daily deposits. b) Daily report of Gross Receipts, overnight vehicle count, ticket validations and exceptions, and ticket reconciliation in accordance with the Operations Procedures and Policy Manual. c) Monthly activity and Gross Receipts summaries and certifications, to be reconciled to daily reports. In addition, the Operator shall have available to the Executive Director or designated representative for inspection, upon twenty-four (24) hours notice and within normal business hours, the following: a. Records of all tickets purchased and used including dispenser number from which used and date used. b. All used parking tickets, lost ticket forms and validations for a twelve (12) month period. At the end of this period, all of these records shall be turned over to the Executive Director. c. All shift reports for a twelve (12) month period. At the end of this period, copies of all of these records shall be turned over to the Executive Director. d. Any and all other accounting records maintained locally which pertain to the receipt of parking revenues and operating expenses. 2. The Operator shall make all records available upon twenty-four (24) hours notice, no matter where retained, during normal business hours, at the Executive Director’s office, Augusta Regional Airport. 3. The Operator shall not destroy any records pertaining to the operation of the Premises without the express written permission of the Executive Director. 4. At the expiration or termination of this Agreement, the Operator shall turn over to the Commission all the books and records of gross receipts and operating expenses, including supporting Page 9 documents, maintained throughout the term of this Agreement. 5. All source records of Gross Receipts, which shall include but not be limited to: Parking Tickets, Cash Register Tapes, Shift Reports, Master Reports, Daily Revenue Reports, whether computer generated or manually generated, shall be kept at all times within the City of Augusta. These records shall be maintained by the Operator until the annual report required above is delivered to and accepted by the Commission, at which time they shall be delivered to the Commission for further disposition. The Commission shall provide and maintain such storage facilities as necessary to facilitate the storage of the above records and shall provide reasonable access to such facilities. All data bases for such purpose will be maintained by the Operator who shall assure that adequate hard copies and data backups are done on a routine basis; data backups should be stored on an approved media for such storage for a period of time requested by Commission. ARTICLE 9 LOST TICKETS AND MISSING TICKETS 1. Lost tickets shall be accounted for by a lost ticket form, in a format approved by the Executive Director, and signed by the customer. Appropriate audit procedures shall be taken by the Operator monthly to verify by telephone or in writing a minimum of 10% of all lost tickets confirming the customer name, address, phone number and signature included on the form. Lost tickets accounted for by the appropriate form shall not be included in the missing ticket ratio, all others will. Missing tickets are tickets that are unaccounted for and shall be included in the missing ticket ratio. 2. If, during any single month, the missing ticket ratio shall exceed one-half of one percent (0.5% or .005), the Commission shall impose a missing ticket penalty by decreasing the Operator’s management fee for the following month on the basis of the following graduated scale: Page 10 Percentage of Missing Tickets Penalty .000-.005 $0 .005-.01 $5.00 per ticket .01-.015 $7.50 per ticket .015 and above $15.00 per ticket 3. The above penalty shall be imposed at the sole discretion of the Executive Director. A missing ticket report, in a format approved by the Executive Director, shall be submitted with the monthly invoice. ARTICLE 10 AUDIT Within 90 days following the end of each fiscal year, Operator shall provide an unqualified statement certified by an Independent Certified Public Accountant in accordance with generally accepted accounting principles (GAAP) certifying that Gross Receipts due the Commission and Operating Expenses are true and accurately reported as defined within this agreement. The Commission reserves the right to audit all books and records of the Operator at any time upon forty-eight (48) hours advance notice to the Operator. If the audit results reflect a shortage of funds over three percent (3%) per annum, the Operator shall bear the full cost of the audit and reimburse the Commission for any shortage. ARTICLE 11 OBLIGATIONS OF THE COMMISSION 1. The Commission shall operate and maintain the lighting system within the Premises and pay all costs thereof. 2. The Commission shall reasonably patrol roads and land areas outside of the Premises to prevent illegal parking. The patrolling and enforcement of meter parking shall be in accordance Page 11 with policies established by the Commission. 3. The Commission shall pay the Operator’s invoiced amount, less any unauthorized or undocumented charges, including monthly management fee, within thirty (30) days receipt by the Commission of the invoice. 4. The Commission shall be responsible for any major maintenance or repair of the parking surface, landscaping, entrance/exit roadways, and areas outside of the Premises. 5. The Commission shall cause trash to be removed from the approved receptacles on a regular basis and be responsible for periodic sweeping outside of the Premises. 6. The Commission shall be responsible for selection, placement, and erection of all signage. 7. The Commission shall provide the parking revenue control equipment. The Commission shall review the need for additional equipment which may be requested from time to time by the Operator in order to meet the demands of new technologies or in order to provide more effective an efficient service due to revised operating procedures. Approval for the purchase of such requested equipment shall be at the sole discretion of the Commission. Any such equipment approved for purchase by the Operator shall be purchased according to established Commission purchasing procedures and shall be included in the Operating Budget as approved by the Commission. The expense for the purchase of additional equipment shall be reimbursed to the Operator during the remaining term of the fiscal year of this Agreement amortized at ½ of 1% above the official prime rate as stated in the Wall Street Journal as of the date the equipment is invoiced. All such equipment shall be owned by the Commission and Operator shall make no claim to the equipment upon termination of this Agreement, except in the event of an early termination of this Agreement, in which event the Commission shall pay Operator for any unamortized cost, less any credit due the Commission. Page 12 ARTICLE 12 OBLIGATIONS OF THE OPERATOR 1. The Operator shall invoice the Commission on or before the twentieth (20th) day of each month for the preceding month’s operating expenses including the monthly management fee. 2. The Operator shall submit a missing ticket report with each monthly invoice. The Operator shall also submit a ticket validation report with each monthly invoice, which includes the dollar value of each validation. 3. The Operator shall submit a monthly maintenance log to the Executive Director. Such maintenance log shall be due on the twentieth (20th) day of the month immediately following the month for which such maintenance log was maintained. 4. The Operator shall store on the premises an adequate inventory of replacement parts to cover routine maintenance of equipment. It is understood that this inventory will be at the cost of the Commission. A copy of the inventory shall be provided monthly to the executive director. 5. The Operator shall submit to the Executive Director , monthly no later than twentieth (20th) day of the month following the month of operation, a statement, witnessed and certified correct by an officer of the company, accounting for all Gross Receipts due from the Premises during the previous month. 6. The Operator shall continuously operate the Premises twenty-four hours per day, seven (7) days per week, including holidays except as authorized by the Commission. 7. The Operator shall employ a General Manager experienced in parking administration who will devote his/her full time to the performance of Operator’s responsibilities established in this Agreement. The General Manager will meet regularly with Airport staff to keep the Commission fully informed concerning operations whose responsibility include to manage, operate and market the Public Parking Facilities. The General Manager shall hire, train, supervise and terminate, as Page 13 necessary, personnel to operate cashier booths and perform the required duties; provide supervisory personnel necessary to ensure efficient operation of the facilities; and equip, staff, and maintain a business office. The Commission reserves the right to approve selection of the Operator’s General Manager. The Operator shall additionally employ an Assistant Manager who shall be on duty on alternate days when the General Manager is not on duty. 8. The Operator shall provide ten (10) days advance written notice to Commission of any change in its General Managers or Assistant Managers and shall include any change of address or telephone number. 9. The Operator shall provide sufficient personnel at all times to accommodate departing cars in a timely manner. It is the goal of the Commission that no car shall wait in line over five (5) minutes before exit. The Commission reserves the right to require the Operator to provide additional staff as required. 10. Operator shall employ personnel to enter and update all computer database functions including but not limited to vehicles, inventory, ingress and egress of vehicles, toll plaza, toll plaza revenues, time functions, and ticket inventories. 11. The Operator shall anticipate peak traffic periods and staff the Premises appropriately. If staffing is anticipated that exceeds authorized budget, the Operator shall, in advance, request a budget increase from the Commission. 12. With the exception of the General Manager, the Operator shall provide new uniforms for employees as necessary to assure that employees are dressed in neat, clean, identifiable uniforms at all times. Uniforms shall be consistent in appearance, style and color for all parking employees and subject to the approval of the Executive Director. Contractor shall submit a uniform proposal to the Executive Director within 30 days of the execution of the Management Agreement. The cost of new uniforms is a reimbursable expense that will be paid by the Operator. Operator’s employees, Page 14 while on duty, must wear a photo identification badge, which shall be returned to Operator when employees cease work for the Operator. The names of on-duty cashiers shall be placed on the exterior of the booths to be readily visible by drivers of exiting vehicles. 13. The Operator shall remove from service at the Airport, any employee who is discourteous to any customer or who does not present the professional image the Commission expects of its own employees. The Operator shall immediately remove, from service at the Airport, any employee the Executive Director requests for any reason whatsoever. No employee of the Operator shall use improper language, act in a loud, or boisterous manner, or in any manner act in an improper, inappropriate or offensive way. Employees of operator shall park their vehicles in Long Term Lot-B. Each parking ticket issued to Operator’s employees shall be appropriately validated and stapled to employee’s shift report in accordance with approved operating procedures. 14. The Operator shall employ experienced and knowledgeable personnel and provide all employees with appropriate operational and customer service training. Operator shall take necessary emergency action to protect the Premises, revenue and safety of the public. 15. The Operator shall be responsible for maintenance of the interiors of the tollbooths, revenue control office, and any other structures that may be provided hereafter. The Operator shall be responsible for keeping the Premises, including all parking areas, entrance and exit areas, exit tollbooths, revenue control office, rest room and landscaped areas in or immediately adjacent to the Premises in a neat and clean condition at all times. The Operator shall be responsible for operation of the Premises in accordance with the Operations Manual. The Operator shall conduct daily inspections (daytime and nighttime) of the Premises. Written reports of inspections shall be submitted to the Executive Director in the format to be agreed upon by the Executive Director and Operator and shall indicate the condition of lighting, general appearance, potential safety hazards, fire equipment, graffiti, cleanliness and any other items which may be requested by Executive Page 15 Director . The Operator shall notify the Commission of any areas requiring maintenance and/or repair upon discovery of such items. 16. The Operator shall keep the premises at all times free of trash and debris. All trash shall be removed and stored by the Operator in approved receptacles provided by the Commission. The Operator shall be responsible for periodic sweeping of only the parking Premises, the daily removal of debris and trash from the parking Premises including along curbs and between parked vehicles and depositing same in a receptacle provided by the Airport. 17. The Operator shall provide ticket stock and all other supplies in order to ensure effective control and management of the Premises. 18. The Operator shall maintain all of the revenue control equipment. Maintenance contracts shall have the approval of the Executive Director prior to their execution by the Operator. Such costs shall be reimbursable under the Operator’s approved annual budget. 19. The Operator shall provide all office furniture, safes, if necessary, equipment and supplies for the exit booths in a manner consistent with the intent of this Agreement, such costs to be reimbursed by the Commission by inclusion in the Annual Budget. The purchase of all furniture and equipment shall be subject to the prior approval of the Executive Director. 20. The Operator shall have no power to do any act or make any contract which may create any lien, mortgage or other encumbrance, upon an interest of the Commission in the Premises, or the improvements located thereon. 21. Operator shall provide a cash bank sufficient to accommodate parking transactions. 22. Operator shall provide professional advice to Commission regarding appropriate parking rates, enhanced revenue control systems/equipment, parking facility requirements, signage, internal traffic flow, customer service enhancements, holiday and peak period public information Page 16 needs and operating procedures which will improve the level of service efficiency and profit of the parking Premises. 23. Operator shall coordinate with Commission the removal of abandoned vehicles from the parking facilities and relocation of vehicles that are inappropriately parked or remove/relocate vehicles for other operational needs as directed by the Executive Director. 24. The Operator shall provide the Executive Director with copies of any and all written complaints received and the Operator’s response thereto within five days. ARTICLE 13 PARKING RATES The following parking rates shall be in effect April 1, 2008. Long Term Lot Short Term Lots A-1 and A2 Each hour $0.75 Daily Max $6.00 0 – 40 min Free Each addl 20 min $0.50 Daily Max $8.00 These parking rates shall remain in effect until authorized and changed only upon approval of the Commission. ARTICLE 14 TRANSITION The Operator shall cooperate with the Commission in achieving an effective and efficient transition of the operation of the Premises at the termination of this Agreement. Failure to comply with this paragraph is considered damaging to the Commission and shall be sufficient cause for the Commission to demand payment of the Operator’s performance bond, and the language shall specifically be included in the bond to provide for this condition of the Agreement. ARTICLE 15 FACILITY USAGE REPORTS Page 17 The Operator agrees to furnish the Commission, upon request, facility utilization data in a format approved by the Executive Director. ARTICLE 16 PERFORMANCE AND FIDELITY BOND 1. Upon execution of this Agreement, the Operator shall furnish the Commission with a valid performance bond in the principal sum of seventy-five thousand dollars ($75,000) issued by a company acceptable to the Commission, authorized to do business in the State of Georgia, and payable to the Commission in case this Agreement is canceled for cause or upon default by the Operator. Said bond shall be kept in full force by the Operator during the term of this Agreement and any extension thereof. The bond shall be conditioned to ensure faithful and full performance of all the terms of this Agreement by the Operator. Evidence of the maintenance of this performance bond shall be submitted annually, on the anniversary of this Agreement, to the Commission. 2. The Operator agrees to obtain and maintain during the term of this Agreement a fidelity bond in an amount not less than $25,000 guaranteeing the faithful performance of the General Manager, Assistant Manager, Supervisors and employees handling or responsible for the handling of daily Gross Receipts. The fidelity bond shall be in a form and drawn on a surety acceptable to the Commission. 3. Operator shall report to Executive Director within 24 hours after Operator becomes aware of any possible theft by employee(s) or any allegation of employee dishonesty. ARTICLE 17 INSURANCE AND INDEMNIFICATION 1. Operator shall provide and maintain, at its own expense which is not reimbursable, the following types and amounts of insurance, during the term of this contract: Page 18 Type Comprehensive General (Public) Liability – to include (but not limited to) the following: Combined Single Limit for Bodily Injury and Property Damage: $1,000,000 a. Premises/operations b. Independent contractor c. Personal injury liability d. Contractual liability (insuring Indemnity provision within this contract) The above $1,000,000 public liability and property damage shall be primary coverage. Any expense for deductible loss sustained by the Operator where such insurance policy includes a deductible limit approved by the Commission is reimbursable. The procuring of such policy of insurance shall not be construed to be a limitation upon Operator’s liability or as a full performance on its part of the indemnification provisions of the Contract. Operator’s obligations to the Commission are, notwithstanding said policy of insurance, for the full and total amount of any damage, injury or loss as provided under the terms of the contract. Prior to the contract effective date, Operator shall furnish to Commission certificates or copies of the policies, plainly and clearly evidencing required insurance and thereafter new certificates prior to the expiration date of any prior certificate. Operator understands that it is its sole responsibility to provide this necessary information and that failure to comply timely with the requirements of this article shall be a cause for termination of this contract, under the provisions of the termination clause. Insurance required herein shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in the State of Georgia. All policies shall be subject to examination and approval by the Commission for their adequacy as to form, content, form of protection, and providing company. Insurance required by this contract for the Commission, as additional insured shall be primary insurance and not contributing with any other insurance available to Commission, under any third Page 19 party liability policy. Operator further agrees that with respect to the above-required insurance, the Commission shall: 1. Be named as additional insured/or an insured, as its interest may appear or be provided with a waiver of subrogation. 2. Be provided with 30 days advance notice, in writing, of cancellation or material change. If either requirement #1 or #2 requires the payment of additional premium by Operator, Operator may present such information to the Commission for its reconsideration. Commission will not be responsible for any of Operator’s insurance costs. 2. The Commission shall stand indemnified by the Operator as provided herein. It is expressly understood and agreed by and between the parties that the Operator is and shall be deemed to be an independent contractor responsible to all persons for its respective acts or omissions, and the Commission shall in no way be responsible therefor. 3. The Operator agrees to indemnify, defend, save and hold harmless the Commission, its officers, directors, agents, and employees from any and all claims, liabilities, damages, losses, suits, fines, penalties, demands and expenses, including costs of suit and attorney fees, which any or all of them may hereafter incur, be responsible for, or pay out as a result of bodily injury (including death) to any person or damage to any property or person, arising out of the Premises or any acts or omissions of the Operator, its agents, guests, invitees, employees, or contractors in connection with the Operator's use of the Premises or its operations at the Airport, except to the extent caused by the negligence or willful misconduct of the Commission or its officers, directors, agents or employees. 4. Upon the filing with the Commission of a claim for damages arising out of incidents for which Operator herein agrees to indemnify, defend, save and hold harmless the Commission, the Commission shall notify the Operator of such claim. Any final judgement rendered against the Page 20 Commission for any cause for which the Operator is liable hereunder shall be conclusive against the Operator as to liability and amount, provided the Commission has notified the Operator of such claim as provided above. ARTICLE 18 LOSS CONTROL AND SAFETY The Operator shall retain control over its employees, agents, servants and subcontractors, as well as control over its invitees, patrons and activities on and about the managed Premises and the manner in which such activities shall be undertaken and to that end, the Operator shall not be deemed to be an agent of the Commission. Precaution shall be exercised at all times by the Operator for the protection of all persons, including employees, and property. The Operator shall make special effort to detect hazards and shall take prompt action where loss control/safety measures should reasonably be expected. Operator shall be responsible for ensuring that its employees, agents, servants and subcontractors comply with all safety-related Commission ordinances rules and procedures governing the Airport. ARTICLE 19 TERMINATION 1. This Agreement shall expire at the end of the full term hereof, and the Operator shall have no further right or interest in the Premises. 2. The Commission may terminate this agreement upon ninety (90) days written notice to the Operator for any reason whatsoever at the sole discretion of the Commission with the understanding that all services being performed by the Operator under this agreement shall cease upon the date such notice becomes effective. The Commission shall upon invoice, pay for all service rendered to the date of termination as provided for herein. 3. The Commission shall have the right to terminate this Agreement for a violation of Page 21 the terms hereof, at any time after thirty (30) days notice has been given to the Operator and unless corrective action has been taken or commenced within said thirty (30) day period and thereafter diligently completed. 4. The Commission shall have the right to terminate this Agreement immediately upon or after any of the following: a. Assignment for Creditors: The Operator makes a general assignment for the benefit of creditors. b. Bankruptcy: The Operator files a petition for relief as a debtor under any section or chapter of the Federal Bankruptcy Code, as amended from time to time, or under any similar law or statute of the United States or the State of Georgia; or a petition or an answer proposing the entry of any order for relief against the Operator as a debtor in a bankruptcy or reorganization proceeding under any present or future bankruptcy or similar law is filed in any Court. c. Receivership: A receiver, trustee, or custodian is appointed for all or substantially all of the assets of the Operator in any proceeding brought by or against the Operator, or the Operator consents to or acquiesces in such appointment. d. The Commission may terminate this agreement immediately if the Operator abandons and discontinues service within the Premises. 5. If this Agreement is terminated, the Commission shall have the right to repossess the Premises in accordance with applicable law without prejudice to any other remedies available to the Commission for such default, absent such reentry. 6. The Operator may terminate this Agreement upon thirty (30) days advance written notice, after any of the following: a. The issuance by any court of competent jurisdiction of an injunction in any Page 22 way preventing or restraining the use of the Airport or any part thereof so as to substantially affect Operator’s use of the Airport and the remaining in force of such injunction for a period of ninety (90) days or more, provided, however, that said court action is not due to any fault of Operator. b. The inability of the Operator to use the Airport for a period of ninety (90) days or more because of the issuance of any order, rule or regulation by the Federal Aviation Administration, the United States Department of Transportation, or other governmental entity preventing Operator from operating into and from the Airport, provided, however, that such inability or such order, rule or regulation is not due to any fault of Operator. c. The default by the Commission in the performance of any term herein required to be performed by the Commission, which term substantially affects the Operator’s ability to conduct its business under this Agreement, and failure by the Commission to cure or commence to cure and diligently pursue such cure within thirty (30) days after receipt of notice of such default from the Operator. d. The assumption by the United States Government or by any authorized agency thereof of the operation, control or use of the Airport and its facilities or of any substantial part(s) thereof, in such manner as substantially to exclude the Operator from the Airport or to prevent it from operating at the Airport, for a period of at least ninety (90) days. e. The substantial restriction of the Operator’s ability to conduct its business at the Airport for a period of ninety (90) days or more because of the action of the Federal or State government or any agency or political subdivision thereof substantially restricting the operation of the Airport by the Commission. Page 23 7. Upon expiration of the term, or upon termination of this Agreement, the Operator shall peacefully surrender and vacate the Premises in as good condition as when the term of this Agreement commenced, excepting ordinary wear and tear. The Operator and the Commission agree that all Improvements placed on the Premises shall be and remain the Commission's property upon the expiration of the term or upon the termination of this Agreement. Personal property of the Operator shall be removed at the Operator's expense, within ten (10) days of the expiration, or termination of this Agreement. If Operator fails to remove its personal property within said ten (10) day period, the Commission may remove the property and store it, all at the expense of the Operator. ARTICLE 20 - SUBORDINATION This Agreement shall be subject and subordinate to all the terms and conditions of any instrument and documents under which the Commission acquired the land or improvements thereon, of which said Premises are a part, and shall be given only such effect as will not conflict with nor be inconsistent with such terms and conditions. Operator understands and agrees that this Agreement shall be subordinate to the provisions of any existing or future agreement between Commission and the United States of America, or any of its agencies, relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the Airport. ARTICLE 21 SUSPENSION OF SERVICES The Commission may, by written notice, direct Operator to suspend performance on all or any part of the services for such period of time as may be determined by Commission to be necessary or desirable for its convenience. If such suspension causes additional expense to Operator in performance, and not due to fault or negligence of Operator, the Agreement will be adjusted on the basis of actual costs resulting directly from the suspension. Any claim by Operator for a cost Page 24 adjustment must be supported by appropriate documentation asserted promptly after Operator has been notified to suspend performance. In the event that all or any part of the parking facilities shall remain closed or their use substantially restricted for a twenty-four (24) hour period because Operator, for any reason, is unable to provide the personnel necessary to maintain normal operations, Commission shall have the right to take over the duties of Operator, using its own employees or others. ARTICLE 22 ASSIGNMENT AND SUBCONTRACTING 1. The Operator agrees that it will not sell, convey, transfer, mortgage, subcontract, sublease or assign this Agreement or any part thereof, or any rights created thereby, without the prior written consent of the Commission, it being the intention of the Commission to grant this Agreement individually to the Operator. 2. Any assignment or transfer of this Agreement or any rights of the Operator hereunder, without the prior written consent of the Commission is invalid, and shall convey to the Commission the right to terminate this Agreement at its sole discretion. ARTICLE 23 NON-DISCRIMINATION 1. Compliance with Title VI of the Civil Rights Act of 1964, 49 CFR 21. A. The Operator, for itself, its personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree that if improvements are constructed, maintained, or otherwise operated on the said property described in this Agreement for a purpose for which a United States Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the Operator shall maintain and operate such facilities and services in compliance with all other requirements Page 25 imposed pursuant to 49 CFR PART 21, Non-discrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. B. The Operator does hereby covenant and agree that: i. No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities. ii. In construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination, in the provision of such construction or services. iii. The Operator shall operate the Premises in compliance with all other requirements imposed by or pursuant to 49 CFR PART 21, Non-discrimination in Federally Assisted Programs of the Department of Transportation and as said Regulations may be amended. C. The Operator shall include the provisions of paragraph B (i) - (iii) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Operator shall take such action with respect to any subcontract or procurement as the Commission or the FAA may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that if the Operator becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Operator may request the Commission to enter into such litigation to protect the interests of the Commission and, in addition, the Operator may request the United States to enter into such litigation to protect the interests of the United States. 2. Compliance with Section 250 of the Airport and Airway Improvement Act of 1982, 14 CFR Page 26 152, Subpart E. The Operator shall assure that no person is excluded from participating in, denied the benefits of, or is otherwise subjected to discrimination in the conduct of its activities, on the grounds of race, creed, color, national origin or sex, and shall comply with the requirements of 14 CFR 152 Subpart E to the extent that such requirements are applicable to the Operator’s activities at the Airport. 3. Compliance with the Lease Agreement. The Operator agrees that it shall not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment, or any matter related to employment because of such employee’s or applicant’s race, color, religion, national origin, ancestry, age or sex, except where a requirement as to age or sex is based on a bona fide occupational qualification. 4. Cooperation with Enforcement Procedures. The Operator further agrees to comply with such enforcement procedures as the United States might demand that the Commission take in order to comply with its Sponsor’s Assurances to the United States. ARTICLE 24 GENERAL PROVISIONS 1. The Commission reserves the right to further develop or improve the Airport as it sees fit. 2. The Commission reserves the right to maintain and keep in repair the landing area and all publicly owned facilities of the Airport, together with the right to direct and control all activities of the Operator in this regard. 3. During a time of war or national emergency, the Commission shall have the right to lease the landing area or any part of the Airport to the United States Government for military or naval Page 27 use, and, if such lease is executed, the provisions of this Agreement, insofar as they are inconsistent with the provisions of the lease to the United States Government, shall be suspended. 4. The Commission reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent the Operator from erecting, or permitting to be erected, any building or any other structure on, or adjacent to, the Airport, which, in the opinion of the Commission, would limit the usefulness of the Airport or constitute a hazard to aircraft, as determined by the appropriate state or federal law, rules and regulations including, but not limited to 14 CFR Part 77. 5. Use Nonexclusive: This Agreement shall be nonexclusive and subordinate to the provisions of any existing or future agreements between the Commission and the United States, relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the Airport. 6. The Operator agrees to abide by all Federal, State and local laws, ordinances, rules and regulations which may be applicable to its operation under this Agreement and to abide by the ordinances, rules and regulations of the Commission which may from time to time be formulated by the Commission in regard to the management, operation or use of the Airport. 7. Cumulative Remedies: Each of the rights and remedies provided by this Agreement shall be cumulative and shall not be exclusive of any other rights or remedies provided by this Agreement or allowed by law. 8. Waivers: Failure by the Commission to insist upon the strict performance by the Operator of any of the terms herein contained shall not constitute a waiver of the Commission’s right to thereafter enforce any such term, but the same shall continue in full force and effect. The exercise of any right to terminate arising under this Agreement shall not operate to deprive the Commission of Page 28 any co-existing right to seek damages or other remedies arising from the default of the Operator. 9. The acceptance of rents or fees or the continued performance by the Commission of its obligations under this Agreement after a default by the Operator in its performance of any of Operator’s obligations under this Agreement shall not be deemed a waiver of the Commission's right to terminate this Agreement for such default. 10. The Operator shall not use, or permit the use of, the Premises or any part thereof, for any purpose or use other than those authorized by this Agreement. 11. Choice of law and venue: This Agreement shall be performable and enforceable in the Superior Court of Richmond County, Georgia, and shall be construed in accordance with the laws of the State of Georgia. Operator by execution of this Agreement specifically consents to jurisdiction and venue in the Superior Court of Richmond County and waives any right to contest same. 12. This Agreement is made for the sole and exclusive benefit of the Commission and the Operator, their successors and assigns, and is not made for the benefit of any third party. 13. In the event of any ambiguity in any of the terms of this agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 14. All covenants, stipulations and agreements in this Agreement shall extend to and bind each party hereto, its legal representatives, successors and assigns. 15. The titles of the several articles of this Agreement are inserted herein for convenience only, and are not intended and shall not be construed to affect in any manner the terms hereof, or the interpretation or construction thereof. 16. Nothing herein contained shall create or be construed to create a co-partnership between the Commission and Operator or to constitute the Operator an agent of the Commission. The Commission and Operator each expressly disclaim the existence of such a relationship between them. Page 29 17. Invalid Provision: If any covenant, condition or provision contained in this Agreement is held to be invalid by any Court of competent jurisdiction, the invalidity of any such covenant, condition or provision shall in no way affect any other covenants, conditions or provisions contained in this agreement; provided, that the validity of such covenant, condition or provision does not materially prejudice either the Commission or Operator in its respective rights and obligations contained in the valid covenants, conditions or provisions of this agreement. 18. Interpretation of Agreement: Nothing in the Agreement shall be construed or interpreted in any manner whatsoever as limiting, relinquishing or waiving any right of ownership enjoyed by the Commission in the Airport property, or in any manner waiving or limiting the Commission’s control over the management, operation, or maintenance of the Airport property, except as specifically provided for in this Agreement, or in any manner impairing the right of the Commission. 19. Force Majeure. Neither the Commission nor Operator shall be deemed to be in violation of this Agreement for reason of failure to perform any of its obligations hereunder, by reason of strikes, boycotts, labor disputes, embargoes, shortages of materials, acts of God, acts of the public enemy, flight restrictions, weather conditions, riots, rebellion, accidents, sabotage or any other events, conditions or circumstances for which it is not responsible and/or which are not within its control. 20. Conflict of Interest: The Operator agrees that, upon signing of this Agreement or within five (5) days after the acquisition of any interest herein described during the term of this Agreement, the Operator shall disclose in writing to the Commission whether any Commission Member or Officer or employee of the Commission has or hereafter acquires any direct, indirect, legal or beneficial interest in the Operator or in any contract, lease or agreement between the Commission and the Operator, or in any franchise, concession, right or privilege of any nature herein Page 30 or otherwise granted by the Commission to the Operator. 21. Notices: Notices to the parties shall be deemed sufficient if in writing and mailed, postage prepaid, address to: The Commission: Augusta Regional Airport 1501 Aviation Way Augusta, GA 30906-9600 ATTN: Executive Director Operator: Republic Parking System, Inc. Suite 2000 Republic Centre Chattanooga, Tennessee 37450 ATTN: James C. Berry, Chairman and CEO ARTICLE 25 ENTIRE AGREEMENT 1. This Agreement consists of Articles 1 to 25 inclusive. 2. This Agreement represents the entire and integrated Agreement between the Commission and Operator superseding all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Commission and Operator. Page 31 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed this _______ day of ____________________, 2008. AUGUSTA, GEORGIA BY: AS ITS: ___MAYOR____________ ATTEST: ______________________ CLERK OF COMMISSION AUGUSTA AVIATION COMMISSION REPUBLIC/NFR&CS PARKING SYSTEM LP BY: BY: ___________ AS ITS: _____Chairman______ AS ITS: _________________________ [SEAL] ATTEST: ______________________ CLERK Commission Meeting Agenda 4/15/2008 2:00 PM Ordinance Alcohol License Transfer Department: Caption:An Ordinance to amend the Augusta-Richmond County Code Title Six, Section 6-2-76 relating to License and Business Regulations; To establish provisions for a Hardship Application for an Alcoholic Beverage License; To repeal all ordinances and parts of ordinances in conflict herewith; to provide an effective date and for other purposes. (Requested by Commissioner Jerry Brigham) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 20 Attachment number 1 Page 1 of 1 Item # 20 Attachment number 2 Page 1 of 1 Item # 20 Attachment number 3 Page 1 of 1 Item # 20 Commission Meeting Agenda 4/15/2008 2:00 PM Ordinance Relating to Curfew for Minors Department:Clerk of Commission Caption:Motion to approve an Ordinance to amend the Augusta Richmond County Code Article Three Chapter One relating to curfew for minors so as to establish regulations for teen social clubs; to repeal all Ordinances and parts of Ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by Commission April 1, 2008 - second reading) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 21 Attachment number 1 Page 1 of 8 Item # 21 Attachment number 1 Page 2 of 8 Item # 21 Attachment number 1 Page 3 of 8 Item # 21 Attachment number 1 Page 4 of 8 Item # 21 Attachment number 1 Page 5 of 8 Item # 21 Attachment number 1 Page 6 of 8 Item # 21 Attachment number 1 Page 7 of 8 Item # 21 Attachment number 1 Page 8 of 8 Item # 21 Commission Meeting Agenda 4/15/2008 2:00 PM Repairs to locks - New Savannah Bluff Lock and Dam Department:Recreation and Parks Caption:Discuss repairs to locks - New Savannah Bluff Lock and Dam. Background:Augusta operates the locks at NSBLD under a lease with U.S. Army Corps of Engineers, which expires December 8, 2008. Under the lease agreement, Augusta is responsible for repairs and upkeep to the facility. The locks enable boats to travel upstream past the NSBLD to Augusta, and also provide for fish migration passage administered by US Fish and Wildlife each spring. Both of these functions have been suspended due to the locks being inoperable. See attached report given to Public Services Committee. Analysis:Emergency bids were requested from three(3) contractors suggested by the US Army Corps of Engineers. None of the three contractors responded with a bid. One contractor stated they could not The COE was contacted for other contractors who could perform the work, and one other contractor was recommended. This firm, out of Mobile, Ala. was contacted April 8th and as of this date arrangements have not been finalized on a date for this firm to meet on site and give a quote on repairs. Financial Impact:Will not have a price on repairs until a quote is received. Alternatives:For information only. Recommendation:For information only. Funds are Available in the Following For information only Cover Memo Item # 22 Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Cover Memo Item # 22 Attachment number 1 Page 1 of 1 Item # 22 Commission Meeting Agenda 4/15/2008 2:00 PM 2008 CDBG, HOME, ESG & HOPWA Grant Agreements Department:Housing & Community Development Department Caption:Authorize acceptance of Grant Agreements between the City and the U.S. Department of Housing & Urban Development for receipt of Year 2008 CDBG, HOME, ADDI, ESG and HOPWA Funds. Background: Augusta, Georgia, being an entitlement city, receives CDBG, HOME, ESG and HOPWA funds annually. As a prerequisite for receipt of these funds, the City must have an approved Consolidated Plan. The Consolidated Plan is a 5-year plan that defines the City’s housing, homeless, community and economic development needs with a detailed strategy for addressing the high priority needs indicated in the plan. During Year 2004, the City developed and HUD approved the City’s 5-year Consolidated Plan for years 2005- 2009. For each year of the 5-Year Consolidated Plan (2005, 2006, 2007, 2008 & 2009), the City must develop an Annual Action Plan. The Action Plan includes a description of the activities that will be carried out and how the funds will be expended in the upcoming year to address the Consolidated Plan priority needs. On November 8, 2007, the Commission approved the City’s Year 2008 Annual Action Plan based on funds we were anticipating receiving for Year 2008. Subsequently, the City has received an official notification from HUD that the Annual Action Plan has been approved with the following grant allocations: § CDBG Program $ 2,232,805 § HOME Program $ 1,240,698 § ADDI $ 9,355 § ESG Program $ 100,077 § HOPWA Program $ 385,000 Cover Memo Item # 23 TOTAL $ 3,967,935 Analysis:We initially expected to receive $4,110,029. However, the above awards reflect a total reduction of $142,094 for all programs: CDBG decreased $89,917, HOME decreased $28,825, HOME/ADDI decreased $13,799, ESG decreased $553 and HOPWA decreased $9,000. Program Anticipated Allocation $ Actual Allocation $Difference CDBG 2,322,722 2,232,805 -89,917 HOME 1,269,523 1,240,698 -28,825 HOME/ADDI 23,154 9,355 -13,799 ESG 100,630 100,077 - 553 HOPWA 394,000 385,000 -9,000 TOTAL -142,094 Projects affected by the reductions are indicated on the attached list and below: A. Under CDBG Program 1. Clearance and Demolition budget reduced from $100,000 to $78,066 2. General Administration reduced from $490,544 to $472,561 In addition, funds for Code Enforcement ($50,000) were forfeited by License & Inspection and are being reprogrammed to the Henry Brigham Center. B. Under HOME Program 1. HOME Neighborhood Redevelopment reduced from $702,967 to $682,788 2. CHDO set-aside budget reduced from $253,904 to $248,140 3. HOME Administration budget reduced from $169,652 to 166,770 C. Under ESG Program 1. ESG Administration budget reduced from $5,031 to $5,003 In addition, funds designated for Interfaith Hospitality Network ($10,000), Inc. were forfeited and are being reprogrammed to CSRA Economic Opportunity Authority and Coordinated Health Services. D. Under HOPWA Program 1. Hope Health, Inc. budget reduced from $100,000 to $97,730 2. St. Stephens Ministry, Inc. budget reduced from $282,180 to $275,720 3. HOPWA Administration budget reduced from $11,820 to $11,550 Financial Impact:Based on actual allocations and program income to be generated from loan repayments, total funds available for Year 2008 is $4,524,935. Funds Allocation Program Income Total CDBG 2,232,805 130,000 2,362,805 HOME 1,240,698 427,000 1,667,698 ADDI 9,355 0 9,355 ESG 100,077 0 100,077 HOPWA 385,000 0 385,000 TOTAL 3,967,935 557,000 4,524,935 Alternatives:None recommended. Recommendation:Recommend Acceptance of Grants and grant the Mayor the authority to execute the Grant Agreements for Year 2008 Cover Memo Item # 23 CDBG, HOME, ADDI, ESG and HOPWA funds so projects funded (attached list) can proceed in a timely manner. Funds are Available in the Following Accounts: 2008 Grant Funds from HUD REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Cover Memo Item # 23 1 2008 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM B-08-MC-13-0004 Estimate $ ACTUAL Entitlement Grant (estimate) Program Income (estimate) Total Funds Anticipated to be Available (Difference: -$89,917) $ 2,322,722 130,000 $ 2,452,722 $ 2,232,805 130,000 $ 2,362,805 IDIS # Project # PROJECTS Approved Budget 11/8/07 REVISED BUDGET Acquisition - $250,000 08010 HCD Acquisition/Relocation 250,000 250,000 Public Facilities & Improvements - $500,000 08030 Dover/Lyman Street Improvements 400,000 400,000 08031 Shiloh Community Center Improvements 100,000 100,000 Clearance & Demolition 08040 Clearance & Demolition (License & Inspection) 100,000 78,066 Public Services - $300,000 08050 ARC Meals-on-Wheels Program 45,000 45,000 08051 Art Factory 15,000 15,000 08052 Augusta Urban Ministries 15,000 15,000 08053 CSRA Economic Opportunity Authority 13,000 13,000 08054 Care Management Consultants 25,000 25,000 08055 Coordinated Health Services 20,000 20,000 08056 Lucy Laney Museum 15,000 15,000 08057 Family Y 20,000 20,000 08058 Golden Harvest Food Bank “Brown Bag” 25,000 25,000 08059 JWC Helping Hands 5,000 5,000 0805A Light of the World 6,000 6,000 0805B New Bethlehem Center 10,000 10,000 0805C New Savannah Road Social Services 10,000 10,000 0805D Safe Homes 12,000 12,000 0805E Salvation Army 15,000 15,000 0805F Senior Citizens Council 14,000 14,000 0805G Shiloh Community Center 10,000 10,000 0805H Walton Options 25,000 25,000 Rehabilitation 08140 Housing Rehabilitation Program 450,000 450,000 Code Enforcement 08150 Code Enforcement (License & Inspection) 50,000 0 Economic Development 08180 Antioch Ministries 9,000 9,000 08181 James Brown Blvd/Walton Way-Economic Development 303,178 303,178 Program Administration & Planning (20% cap $472,561) 08210 PROGRAM PLANNING & ADMINISTRATION (20%) - CDBG Admin - $467,561 - Fair Housing - $5,000 490,544 472,561 TOTAL $2,452,722 $ 2,362,805 Attachment number 1 Page 1 of 3 Item # 23 2 2008 EMERGENCY SHELTER GRANT PROGRAM S-08-MC-13-0004 Estimate ACTUAL Entitlement Grant (Difference: -$553) $100,630 $ 100,077 IDIS # Project # PROJECTS Approved Budget 11/8/07 REVISED BUDGET Projects 081E Augusta Urban Ministries 5,000 5,000 082E Beulah Grove Resource Center 5,000 5,000 083E Coordinated Health Services 8,000 8,000 084E CSRA EOA 10,000 10,000 085E Golden Harvest Food Bank 20,000 20,000 086E Hope House 10,000 10,000 087E Interfaith Hospitality (forfeited 1/24/08) 10,000 -10,000 0 088E Safe Homes 17,599 17,599 089E Salvation Army “Employment Training” 10,000 10,000 UNCOMMITTED 0 9,475 Administration (5% allowed) 0810E Administration 5,031 5,003 TOTAL $100,630 $ 100,077 2008 HOME INVESTMENT PARTNERSHIP PROGRAM M-08-MC-13-0206 Estimate $ ACTUAL Entitlement Grant (estimate) $ 1,269,523 $ 1,240,698 Program Income (estimate) 427,000 427,000 Sub-Total 1,696,523 1,667,698 ADDI (Difference: -$13,799) 23,154 9,355 TOTAL (Difference: -$28,825) $ 1,719,677 $ 1,677,053 IDIS # Project # PROJECTS Approved Budget 11/8/07 REVISED BUDGET HOME Projects Homeownership Program 300,000 300,000 South Augusta Redevelopment 120,000 120,000 Neighborhood Redevelopment 702,967 682,788 Promise Land Community Development Corporation 150,000 150,000 American Dream Down Payment Initiative ADDI Difference -$13,799 23,154 9,355 CHDO Set-aside (20% - $253,904) CHDO set-aside (to be awarded upon CHDO certification) 253,904 248,140 Administration (10% - $169,652) Administration 169,652 166,770 TOTAL $ 1,719,677 $ 1,677,053 Attachment number 1 Page 2 of 3 Item # 23 3 HOUSING OPPORTUNITIES FOR PERSONS WITH HIV/AIDS GA-H-08-F002 Estimate Actual Entitlement Grant (Difference: -$9,000) $ 394,000 $ 385,000 IDIS # Project # PROJECTS Approved Budget 11/8/07 REVISED BUDGET Projects Hope Health 100,000 97,730 St. Stephens Ministry 282,180 275,720 Administration (3% allowed) Administration 11,820 11,550 TOTAL $ 394,000 $ 385,000 Attachment number 1 Page 3 of 3 Item # 23 " FUi1ding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 930383) A Reg Area y ~[mIJOJ]OJ] U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program Effective Date (mmiddlyyyy)Document No. Project Number Ca88goIy Amount F r : eiL."" I 0 rn [[[[] Attachment number 2 Page 1 of 2 Item # 23 ~;~JI Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from RUD of the release of funds on completion of the review procedures required under Executive Order E.O. 12372, Intergovernmental Review of Federal Programs, and RUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from RUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. . E.O.12372 CDBG SPECIAL CONTRACT CONDITION WATER OR SEWER FACILITIES Attachment number 2 Page 2 of 2 Item # 23 Funding Approval and HOME U.S. Department of Housing OMBApprovaI No. 2508-0171 . and Urban Development (Exp. 0313112005) Investment Partnerships Agreement Office of Community Planning Title II of the National Affordable Housing Act and Development Public reporting burden for this collection of Information is estimated to IV8f308 1 hour per response, inducting the time for reYleWtng l08truc11On1, ae8lalIIlg existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. This agency may not oonduct or sponsor, and a person is not required to respond to. a ooIection oIlnformaliol. unle8a that collection displays a vaId OMB control number. The HOME statute imposes a significant number of data collection and reporting requirements. This includes information on assisted properties, on the owners or tenants of the properties, and on other programmatic areas. The information will be used: 1) to assist HOME participants in managing their programs; 2) to track performance of participants in meeting fund commitment and expenditure deadlines; 3) to permit HUD to determine whether each participant meets the HOME statutory income targeting and affordabillty requirements; and 4) to permit HUD to determine compliance with other statutory and regulatory program requirements. This data collection is authorized under Title II of the Cranston-Gonzalez National Affordable Housing Act or related authorities. Access to Federal grant funds is contingent on the reporting of certain project-specific data elements. Records of information collected will be maintained by the recipients of the assistance. Information on activities and expenditures of grant funds is public information and is generally available for disclosure. Recipients are responsible for ensuring confidentiality when public disclosure is not required. 530 Greene Street Augusta, Georgia 30911 8. This Agreement between the Department of Housing and Urban OeveIopment (HUO) and the Participating Jurlsdiction/Entity is made pursuant 10 the authority of the HOME Investment Partnerships Act (42 U.S.C. 12701 et seq.). The Participating Jurisdiction's /Entity's approved Consolidated Plan submission/Application and the HUO regulations at 24 CFR Part 92 (as is now in effect and as may be amended from time 10 time) and this HOME Investment Partnership Agreement, form HU[)..4()Q93, inducing any special conditions, constitute part of this Agreement. Subject 10 the provisions of this Agreement, HUO will make the funds for the Fiscal Year specified, available to the Participating Jurlsdiction/Entlty upon execution of this Agreement by the parties. All funds for the specified Fiscal Year provided by HUO by formula reallocation are covered by this Agreement upon execution of an amendment by HUO, without the Participating Jurisdiction's execution of the amendment or other consent. HUO's payment of funds under this Agreement Is subject 10 the Participating Jurisdiction'slEntity's compliance with HUO's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR 92.502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobIlgate funds previously awarded to the Participating JurisdictionlEntity without the Participating Jurisdiction'slEntity's execution of the amendment or other consent. The Participating Jurlsdiction/Entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies as affordable housing. Repayment shall be made as specified In 24 CFR Part 92. The Participating Jurisdiction agrees 10 assume all of the responsibility for environmental review, decision making, and actions, as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58. 0 Initial Agreement 18. Funding Informa Source at Funds Uon: AooroorIation Code 86 8100205 86 8100205 FY2008 ADDI FY2008 HOME CHDO Competitive Reallocation Source of Funds Aooroorlation Code PAS Coda &D.2Y!!!S S PAS Code ~ $9.355$1,240,698 S Attachment number 3 Page 1 of 1 Item # 23 Grant No.: S-O8-MC-13-0004 Official Contact Person: Chester Wheeler Telephone No: (706) 821-1797 FAX: (706) 821-1784 E-mail Address: cwheeler@aulrustaga.gov Tax 10 No: 58-6000513 Unit of Government No: 130192 FY 2008 LOCAL GOVERNMENT GRANT AGREEMENT EMERGENCY SHELTER GRANTS PROGRAM This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and the City of Augusta, Georgia, the Grantee, for FY 2008 of the Emergency Shelter Grants Program in the amount of $1 00,077, This grant was authorized by Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act, 42 USC 11301 (1988), as amended (the "Act"). In addition, the grant operates through HUD's regulations at 24 CFR Part 576, as now in effect and as may be amended from time to time, which are incorporated as part of thi s A greem en t. In reliance upon the Consolidated Plan and certifications, the Secretary agrees, upon execution of the Grant Agreement, to provide the Grantee with the agreed grant funds. The grantee must comply with requirements for record keeping and annual performance reporting to HUD within 90 days after the close of its consolidated program year, as required by 24 CFR 91.520. This includes the periodic information collected through HUD's Integrated Disbursements and Information System (IDIS). The grantee's IDIS reporting must include information on grant activities, project sponsors, project sites, and beneficiaries (including racial and ethnic data on participants). This information will be used for program monitoring and evaluation purposes. The PTantee aPTee.c; to comnlv with all annlicahle laws and reQulations in distrihutinQ funds ~ ~ . ~.. ~ ~ provided under this Grant Agreement and to accept responsibility for ensuring compliance by recipient entities, which may receive funding assistance. The grantee agrees to comply with the provisions of the environmental requirements of 24 CFR Part 58 as applicable under 24 CFR 576.57(e) with respect to funds provided under this Grant Agreement. The grantee further agrees to provide sufficient detail on matching funds so as to identify the specific sources and amounts of the funds as required by 42 use I 1375(a)(I). Attachment number 4 Page 1 of 2 Item # 23 .......- UNITED STATES OF AMERICA Secretary of Housing and Urban Development Mary D. Presley (Typed Name of Signatory) Director Atlanta Office of Community Planning and Develooment (Title) ANTEE .." . ". , (Signature) < (Typed Name of Signatory) . ' GRANTEE By: (Signature) (Typed Name of (Title) IJ 3 ~ 2.-, rW() r (Date) ~ (Date) Attachment number 4 Page 2 of 2 Item # 23 Grant No.: GAH08FOO2 Official Contact Person: Chester Wheeler Telephone No: (706) 821-1797 FAX: (706) 821-1784 E-mail Address: cwheeler(Q).augustaga.gov Tax ill No: 58-6000513 Unit of Government No: 130192 HOUSING OPPORTUNITIES PERFORMANCE GRANT AGREEMENT FOR FY2008 This Perfonnance Grant Agreement (Agreement) is made by and between the United States Department of Housing and Urban Development (HUD) and The City of Augusta, Georgia (Grantee). This Agreement will be governed by the following, as they from time to time may be amended: the AIDS Housing Opportunity Act, 42 USC 12901 et ~ (Act), the Housing Opportunities for Persons With AIDS (HOPW A) program regulations, 24 CFR Part 574, and the Consolidated Plan regulations, 24 CFR Part 91 (the Regulations), all of which are incorporated into this Agreement. The term "Grant" or "Grant Funds" means the funds provided under this Agreement. The term "Application" means the application submissions on the basis of which a Grant was approved by HUD under 24 CFR Part 91, as applicable to the HOPW A elements of the Consolidated Plan, including the certifications and assurances and any information or documentation required to meet any grant award conditions. The Application is incorporated as part of this Agreement; however, in the event of conflict between a provision of the Application and a provision of this Agreement, the latter shall control. "Project Sponsor" means any nonprofit organization or governmental housing agency that receives funds from the Grantee to carry out eligible activities identified in the Application. In reliance upon the Application, HUD agrees, upon execution of this Grant Agreement, to provide Grant Funds to the Grantee in the amount of $385,000. . Grantee agrees to and will ensure that each Project Sponsor agrees to: (1) Operate the program in accordance with the requirements of the applicable HUD regulations in undertaking activities that will meet urgent needs that are not being met by available public and private resources; ,..,\ ]:j'",toh1i",h h",..",inn ",ntnnt """ , in th.. ",nn.."",..1'1 f""",n"",1il'l",tAl'l 1>1",n f",.. th." nr",nt \-, ~~-~..u~ ..~_~ao ~-'Y-' ~a~__u ..a ..a- ya~. - _~a~ & a_a a~a ..~u 0""" with specific one year goals for the number of households to be provided housing through the use of HOPW A activities for: short-tenn rent, mortgage, and utility assistance payments to prevent homelessness of the individual or family; tenant- based rental assistance; and units in provided in housing facilities that are being FOR PERSONS WITH AIDS Attachment number 5 Page 1 of 4 Item # 23 ,. developed, leased or operated with HOPW A funds, as established by 91.220(1)(3) for local governments and 91.320(k)(4) for states. The plan would include the grant funds and program income expected to be made available with other resources to be leveraged as a commitment for an expected level of housing output results to be achieved during each of the operating years under this award, and operate the program consistent with that commitment; (3) Conduct an ongoing assessment of the housing assistance and supportive services required by the participants in the program, including an annual assessment of their housing situation, an appropriate determination of rental subsidies or other support, and a report on the annual results of program activities under the HOPW A client outcome goals of achieving stable housing, reducing risks ofhomelessness and improving access to healthcare and other support for beneficiaries; Assure the adequate provision of supportive services to the participants in the program, including support to access medical treatment benefits or other support available under mainstream health and human welfare programs and other public and private resources, as needed; (4) (5) Comply with such other tenDs and conditions, including record keeping and reports (which must include racial and ethnic data on participants, annual housing outputs and client housing outcomes) for program monitoring and evaluation purposes, as HUD may establish for purposes of carrying out the program in an effective and efficient manner; (6) Provide housing support to HOPW A eligible persons over the operating period of this grant consistent with the General Standards for Eligible Housing Activities, found at 24 CFR 574.310, including limitations on such payments. (7) Agree to maintain documentation of beneficiary and activity eligibility, including related documentation that evidences compliance with agreements noted above. (8) Agree that any program income resulting under this grant be added to the funds " t. .'... .t.TT"""""""'A .".' ..." conumuca to me projCCl or orner nul"' W ~ program actIVitIes unoer illlS agreement, to be used to further eligible project or program objectives. (9) Agree that if funds under this grant are used for new construction, substantial rehabilitation or acquisition of a structure, the use, occupancy and disposition of such property will be undertaken consistent with the required minimum use period found at 24 CFR 574.310, and the Declaration of Restrictive Covenant. The restrictive covenant must be recorded on such property in a manner that is consistent with applicable state and local laws, and run for the minimum use period. 2 Attachment number 5 Page 2 of 4 Item # 23 .. Default: A default shall consist of any use of Grant Funds for a purpose other than as authorized by this Agreement, noncompliance with the Act or Regulations, any material breach of the Agreement, failure to expend Grant Funds in a timely manner (as required by 24 CPR 574.540, within a three-year period &om the date of the signing of the grant agreement), or misrepresentations in the Application submission which, if known by HUD, would have resulted in a grant not being provided. Upon due notice to the Grantee of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following actions: (a) direct the Grantee activities; (b) issue a letter of warning advising the Grantee of the default, establishing a date by which corrective actions must be completed and putting the Grantee on notice that more serious actions will be taken if the default is not corrected or is repeated; (c) direct the Grantee to suspend, discontinue or not incur costs for the affected activity; (d) reduce or recapture the grant; (e) direct the Grantee to reimburse the program accounts for costs inappropriately charged to the program; or (f) other appropriate action including, but not limited to, any remedial action legally available, such as affmnative litigation seeking declaratory judgment, specific perfonnance, damages, temporary or pennanent injunctions and any other available remedies. No delay or omissions by HUD in exercising any right or remedy available to it under the Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Grantee default. 3 to submit progress schedules for completing approved Attachment number 5 Page 3 of 4 Item # 23 -' This Grant Agreement is hereby their respective signatures, as follows: UNITED STATES OF AMERICA Department of Housing and Urban Development By: The Secretary Director, Atlanta Office of Community Planning and Develooment (Title) GRANTEE By: The City of Augusta. Georgia On behalf of the Augusta-Richmond County. Georgia - South Carolina Eligible Metropolitan Statistical Area By:(Signature and Title of Authorized Official) (Date) 4 executed by the Parties on the dates set forth below MAR 2 5 2008 (Date) (Date) Attachment number 5 Page 4 of 4 Item # 23 Commission Meeting Agenda 4/15/2008 2:00 PM Reprogram of Funds April 2008 Department:Housing and Community Development Department Caption:Consider for approval the reprogramming of $135,102.52 in Community Development Block Grant (CDBG) Funds and $9,475 in Emergency Shelter Grant (ESG) Funds. Background: On February 25, 2008, staff presented to Administrative Services Committee as a discussion item, the reprogramming of $135,102.52 in CDBG and $9,475 in ESG funds. In accordance with HUD requirements and the City’s Citizen Participation Policy, any substantial changes to the Consolidated Plan must be presented to the public for a 30- day comment period. If comments are received, they must be presented to the Commission for action. On February 26, 2008, the public comment period started and the deadline for comments was March 26, 2008. As a result of the publication, we did not receive any comments on funds being proposed for reprogramming. A recap of the Proposed Reprogram of Funds presented to Committee on February 25, 2008, is listed below. Projects funds are being reprogrammed from: 1. License and Inspection Code Enforcement 2008 funds – CDBG $50,000- Justification: Agency forfeited funds. 2. Georgia Legal Services (2006) - CDBG $2,461.27- Justification: Agency forfeited the balance of their $15,500 grant. 3. Boys and Girls Club (2006) – CDBG $5,860- Justification: Improvements to facility completed under budget. 4. Micro-Loan Program (2000) – CDBG $76,781.25- Justification: Program inactive, funds in jeopardy of being recaptured by HUD if not expended during 2008. 5. Interfaith Hospitality Network (2008) – ESG $9,475 Projects the above funds will be reprogrammed TO: 1. Henry Brigham Center Improvements – CDBG $95,102.52- Improvements will be made to the facility to include painting, ceiling replacement, replacement of HVAC, replace gym floor, drainage improvements and installation of Cover Memo Item # 24 commercial stove. 2. MACH Academy, Inc. – CDBG $25,000- Funds will be used to provide after-school tutoring to low income youth. 3. New Savannah Road Social Service, Inc. – CDBG $10,000-Funds will be used to provide Tutoring Program and recreational activities to seniors. 4. Dyess Park – CDBG $5,000- For design of Master Plan for Dyess Park. 5. Coordinated Health Services, Inc. – ESG $5,000- Funds will be used for operational costs of the Samaritan Respite Center. Healthcare is provided to homeless persons who have been hospitalized and need further medical care to recuperate. 6. CSRA Economic Opportunity Authority, Inc. – ESG $4,475- Funds will be used for costs related to the operation of transitional housings for homeless persons. Analysis:Reprogramming of these funds will allow the department to accelerate the expenditure of funds to prevent non- compliance of the CDBG regulations. Financial Impact:This reprogramming of funds is a reallocation of existing funds. Alternatives:None recommended. Recommendation:Approve the Proposed Reprogramming of $135,102.52 in CDBG funds and $9,475 in ESG funds Funds are Available in the Following Accounts: Existing CDBG Funds - $135,102.52 & Existing ESG Funds - $9,475 REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Cover Memo Item # 24 Commission Meeting Agenda 4/15/2008 2:00 PM RFP 08-144 Copier Management Service for City Depts. Department:Procurement Caption:Approval for Augusta to enter into a contract with the Pollock Company to be the service provider for “Copier Management Service” for the City of Augusta. Background: This contract provided for the placement of 92 copiers in various Augusta Richmond County departments by Pollock Company. The pricing for this agreement was predicated by determining a combined monthly copy volume of all 92 devices with a single monthly invoice for all usage. These 92 units produce an average volume of 938,500 copies/prints per month. The Pollock Company proposed volume per month is 1,100.000. Additional copies over 13,200,000/year shall be invoiced @ .005 cents each annually in arrears. The contract includes all required hardware, service support, parts, labor and consumable supply items (excludes paper) for the agreement term. Agreement Term: This contract was established as a three (3) year program with two (2) automatic one year (1) year renewals. Under the terms and conditions of the RFP Augusta Richmond County will NOT accept billing/invoices from any third party/financing entity that the successful bidder may choose to work with. All financial aspects of this program are to be administered and delivered by the successful contractor/vendor. Right sizing of equipment - Under the current RFP/contract it is the vendor's responsibility to assure that the proper equipment is installed to accommodate the monthly copy/print volume of the location. Should the needs change in any location the vendor must agree to upgrade/downgrade the equipment as deemed necessary with no increase in monthly cost. Equipment Replacement Guarantee: The current contract requires that the supplier replace any unit that does not operate to the end users satisfaction due to service failures with any additional cost to the customer. This Total Satisfaction Guarantee is applicable for the entire equipment Cover Memo Item # 25 term. New Equipment Only: Augusta Richmond County will accept NEW Equipment Only under the terms of this program. All systems quoted should be digital in nature and be capable of network printing/scanning functionality. The Pollock Company was the successful bidder on the previous contract for “Copier Management Service”. The Procurement Department advertised the RFP in the Augusta Chronicle and Metro Courier as required by the ARC Code. A mandatory Pre-Proposal Conference was held on February 22, 2008. Five (5) companies were represented. We received responses from four vendors. Pollock and IKON submitted complete packages and two vendors were noncompliant (Ricoh – Did not return the GA Immigration Forms and ACME – Late). Analysis:Approving Pollock as our service provider at this meeting will allow the vendor to begin implementing copiers in the identified areas timely and in a cost efficient manner thirty days after the purchase order is received from the City. Financial Impact:The cost of the contract will be $10,388.00 per month ($72,716.00 for the remaining months of 2008). Funds are identified in individual departments' 2008 budget. Alternatives:Purchase individual department copiers which will include adding the cost of supplies and maintenance OR enter into negotiations with the next compliant vendor (IKON) at $13,543.07 per month. Recommendation:We recommend the Commission approve Pollock. Funds are Available in the Following Accounts: Individual departments 2008 budgets. REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Cover Memo Item # 25 Attachment number 1 Page 1 of 1 Item # 25 Attachment number 2 Page 1 of 19 Item # 25 Attachment number 2 Page 2 of 19 Item # 25 Attachment number 2 Page 3 of 19 Item # 25 Attachment number 2 Page 4 of 19 Item # 25 Attachment number 2 Page 5 of 19 Item # 25 Attachment number 2 Page 6 of 19 Item # 25 Attachment number 2 Page 7 of 19 Item # 25 Attachment number 2 Page 8 of 19 Item # 25 Attachment number 2 Page 9 of 19 Item # 25 Attachment number 2 Page 10 of 19 Item # 25 Attachment number 2 Page 11 of 19 Item # 25 Attachment number 2 Page 12 of 19 Item # 25 Attachment number 2 Page 13 of 19 Item # 25 Attachment number 2 Page 14 of 19 Item # 25 Attachment number 2 Page 15 of 19 Item # 25 Attachment number 2 Page 16 of 19 Item # 25 Attachment number 2 Page 17 of 19 Item # 25 Attachment number 2 Page 18 of 19 Item # 25 Attachment number 2 Page 19 of 19 Item # 25 Attachment number 3 Page 1 of 14 Item # 25 Attachment number 3 Page 2 of 14 Item # 25 Attachment number 3 Page 3 of 14 Item # 25 Attachment number 3 Page 4 of 14 Item # 25 Attachment number 3 Page 5 of 14 Item # 25 Attachment number 3 Page 6 of 14 Item # 25 Attachment number 3 Page 7 of 14 Item # 25 Attachment number 3 Page 8 of 14 Item # 25 Attachment number 3 Page 9 of 14 Item # 25 Attachment number 3 Page 10 of 14 Item # 25 Attachment number 3 Page 11 of 14 Item # 25 Attachment number 3 Page 12 of 14 Item # 25 Attachment number 3 Page 13 of 14 Item # 25 Attachment number 3 Page 14 of 14 Item # 25 Attachment number 4 Page 1 of 2 Item # 25 Attachment number 4 Page 2 of 2 Item # 25 Attachment number 5 Page 1 of 1 Item # 25 Commission Meeting Agenda 4/15/2008 2:00 PM 49 Pension Plan Retired Members Pay Increase Request Department:Administrator Caption:Motion to approve a request by retired members of the 49 Pension Plan for a pay increase. (See attached letter) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Cover Memo Item # 26 Attachment number 1 Page 1 of 1 Item # 26 Commission Meeting Agenda 4/15/2008 2:00 PM Budget Funding Agreeements Department: Caption:Motion to approve/ratify the 2008 Budget Funding Agreements between Augusta, Ga. and DFCS, Lucy Laney Museum, Child Enrichment, CSRA Regional Development Center, ARC Library,Miracle Making Ministries, Inc., SafeHomes of Augusta and ARC Land BankAuthority. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 27 Attachment number 1 Page 1 of 9 Item # 27 Attachment number 1 Page 2 of 9 Item # 27 Attachment number 1 Page 3 of 9 Item # 27 Attachment number 1 Page 4 of 9 Item # 27 Attachment number 1 Page 5 of 9 Item # 27 Attachment number 1 Page 6 of 9 Item # 27 Attachment number 1 Page 7 of 9 Item # 27 Attachment number 1 Page 8 of 9 Item # 27 Attachment number 1 Page 9 of 9 Item # 27 Attachment number 2 Page 1 of 4 Item # 27 Attachment number 2 Page 2 of 4 Item # 27 Attachment number 2 Page 3 of 4 Item # 27 Attachment number 2 Page 4 of 4 Item # 27 Attachment number 3 Page 1 of 1 Item # 27 Attachment number 4 Page 1 of 4 Item # 27 Attachment number 4 Page 2 of 4 Item # 27 Attachment number 4 Page 3 of 4 Item # 27 Attachment number 4 Page 4 of 4 Item # 27 Attachment number 5 Page 1 of 7 Item # 27 Attachment number 5 Page 2 of 7 Item # 27 Attachment number 5 Page 3 of 7 Item # 27 Attachment number 5 Page 4 of 7 Item # 27 Attachment number 5 Page 5 of 7 Item # 27 Attachment number 5 Page 6 of 7 Item # 27 Attachment number 5 Page 7 of 7 Item # 27 Attachment number 6 Page 1 of 4 Item # 27 Attachment number 6 Page 2 of 4 Item # 27 Attachment number 6 Page 3 of 4 Item # 27 Attachment number 6 Page 4 of 4 Item # 27 Attachment number 7 Page 1 of 12 Item # 27 Attachment number 7 Page 2 of 12 Item # 27 Attachment number 7 Page 3 of 12 Item # 27 Attachment number 7 Page 4 of 12 Item # 27 Attachment number 7 Page 5 of 12 Item # 27 Attachment number 7 Page 6 of 12 Item # 27 Attachment number 7 Page 7 of 12 Item # 27 Attachment number 7 Page 8 of 12 Item # 27 Attachment number 7 Page 9 of 12 Item # 27 Attachment number 7 Page 10 of 12 Item # 27 Attachment number 7 Page 11 of 12 Item # 27 Attachment number 7 Page 12 of 12 Item # 27 Attachment number 8 Page 1 of 1 Item # 27 Attachment number 9 Page 1 of 1 Item # 27 Attachment number 10 Page 1 of 1 Item # 27 Attachment number 11 Page 1 of 1 Item # 27 Commission Meeting Agenda 4/15/2008 2:00 PM Butler Creek Nature Corridor Grant Award Department: Caption:Motion to adopt resolution authorzing acceptance of the Recreational Trails Program grant award for Butler Creek Nature Corridor via the Southeastern Land Trust with local match in the amount of $56,200.00 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 28 Attachment number 1 Page 1 of 6 Item # 28 Attachment number 1 Page 2 of 6 Item # 28 Attachment number 1 Page 3 of 6 Item # 28 Attachment number 1 Page 4 of 6 Item # 28 Attachment number 1 Page 5 of 6 Item # 28 Attachment number 1 Page 6 of 6 Item # 28 Commission Meeting Agenda 4/15/2008 2:00 PM Change Pay Increase Effective Date for Public Safety Officers Department: Caption:Motion to approve moving the implementation date for the 2008 $2000 pay increase for Public Safety Officers from August 1, 2008 to May 1, 2008. Background:Included in the adoption of the 2008 Budget was a $2000 increase to the yearly salaries for sworn officers of the Sheriff’s Department, Marshal’s Department, RCCI and Fire Department. Scheduled implementation date is August 1, 2008 included in the adopted budget. Analysis:It has been determined that sufficient funds are available to move the implementation date forward to May 1, 2008. Financial Impact:For 2008 - Sheriff's Dept. $353,000 Fire Dept. $164,000 Marshal Dept. $ 24,000 RCCI $ 34,000 Alternatives:Leave implementation date at August 1, 2008 as approved. Recommendation:Change implementation date to May 1, 2008. Funds are Available in the Following Accounts: From lapsed salaries. REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Cover Memo Item # 29 Cover Memo Item # 29 Commission Meeting Agenda 4/15/2008 2:00 PM Russell Turner Department:Clerk of Commission Caption:Receive recommendation from the Administrator regarding a request from The Angelic Community Resource Development, Inc.for city financial sponsorship of the Barber & Beauty Bar-B-Que. (Deferred from the Commission April 1, 2008 meeting) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 30 Attachment number 1 Page 1 of 2 Item # 30 Attachment number 1 Page 2 of 2 Item # 30 Commission Meeting Agenda 4/15/2008 2:00 PM Approve Extension of Herry Contract Department:Public Services Department - Facilities Management Division Caption:Amend Contract with Heery International for Program Management Services to approve a 2-year extension, with optional third year, approve the billing rates for each year for the extension, and revise the fee distribution to align with the revised project list. This will extend the Contract to May, 2010, with an Option to May, 2011, and maintain managerial continuity through completion of the projects. Background:Heery and their associated firm, Dukes, Edwards and Dukes, were selected by committee in 2003, as a result of RFP 03- 081. Their Contract, which was executed in May, 2004, is now in its fourth year. As currently structured, the Contract is approaching the end of its first of two Option Years (3+1+1). The Heery-led team has filled a leadership role in several projects, including: · Municipal Building - Exterior Renovations (Roof and Windows) (scheduled completion May, 2008) · Augusta Museum of History - HVAC Renovations (scheduled completion April, 2008) · Webster Detention Center - Expansion (groundbreaking scheduled for June, 2008) · New Main Library (groundbreaking scheduled for August, 2008) · Judicial Center (groundbreaking schedule for 4th quarter 2008) · TEE Center – (entering procurement phase) Analysis:The projects listed in the Heery Contact at the time of its execution were in the Pre-Design stage, and lacked the funding and project definition necessary to accurately define project schedules and budgets, or move forward aggressively. Some of the designated projects were effectively cancelled or delayed by insufficient funding, while others have been added or expanded in scope. This has resulted in the need to reallocate the project fees, and to extend the duration of project management to coincide with the current project Cover Memo Item # 31 completion schedules. Following the completion of the project funding process, progress on the projects has been good, with two major projects expected to break ground within 4 months. Because the construction of these projects will extend well into the Year 2010, a two-year Contract extension with an optional third-year is recommended. Financial Impact:The not-to-exceed cost of the original (current) contract is $7,082,354.00. This amount will not change, although the duration of services changes will. The fees will be funded by the individual SPLOST projects which Heery is assigned to. Alternatives:1. Amend Contract with Heery International for Program Management Services to approve a 2-year extension, with optional third year, approve the billing rates for each year for the extension, and revise the fee distribution to align with the revised project list. This will extend the Contract to May, 2010, with an Option to May, 2011, and maintain managerial continuity through completion of the projects. 2. Approve 1- year Option of current Contract, extending Contract to May, 2009. 3. Do not approve Contract extension and manage projects with Staff. 4. Do not approve Contract extension and solicit proposals from Program Management firms. Recommendation:#1. Amend Contract with Heery International for Program Management Services to approve a 2-year extension, with optional third year, approve the billing rates for each year for the extension, and revise the fee distribution to align with the revised project list. This will extend the Contract to May, 2010, with an Option to May, 2011, and maintain managerial continuity through completion of the projects. Funds are Available in the Following Accounts: Jail Expansion: General Obligation Sales Tax Bonds, Series 2006 Main Library: SPLOST IV, 324-05-1120/202150320 Judicial Center: SPLOST IV, 324-05-1120/201150500 TEE Center: General Obligation Sales Tax Bonds, Series 2006 Administration Building: SPLOST III, 323-04- 6211/296050050 REVIEWED AND APPROVED BY: Finance. Administrator. Cover Memo Item # 31 Clerk of Commission Cover Memo Item # 31 Attachment number 1 Page 1 of 3 Item # 31 Attachment number 1 Page 2 of 3 Item # 31 Attachment number 1 Page 3 of 3 Item # 31 Commission Meeting Agenda 4/15/2008 2:00 PM Award Elevator Maintenance Contract Department:Public Services - Facilities Management Division Caption:Approve award of contract for Elevator Maintenance at the Municipal Building (Hydraulic Elevators only), LEC and Charles B. Webster Detention Center to the low bidder, Premier Elevator. The contract is for one year, with two additional one year renewal options. Background:This contract is for regular preventative maintenance on the elevators at the Municipal Building (hydraulic elevators), LEC and CBWDC. The maintenance contract for the traction elevators in the Municipal Building was already awarded to this firm as part of the contract to modernize those units. There will be additional costs outside these amounts for uncovered repairs at an hourly rate covered under the contract. A copy of the bid tabulation is attached for your information. Analysis:Staff has thoroughly reviewed the qualifications, references and materials submitted by the firm submitting bids on Bid Item #08-106. We have determined that they meet the qualifications and have complied with the terms of the RFB. The cost is a savings over the previous contract. The maintenance contract for the traction elevators in the Municipal Building was already awarded to this firm as part of the contract to modernize those units. Financial Impact:The total cost for all buildings covered is $22,704 for the initial contract period, $24,180 for the first optional renewal, and $25,753 for the second optional renewal. There will be additional costs outside these amounts at an hourly rate covered under the contract. Alternatives:1. Approve award of contract for Elevator Maintenance at the Municipal Building (Hydraulic Elevators only), LEC and Cover Memo Item # 32 Charles B. Webster Detention Center to the low bidder, Premier Elevator. The contract is for one year, with two additional one year renewal options. 2. Do not approve the award. Recommendation:#1. Approve award of contract for Elevator Maintenance at the Municipal Building (Hydraulic Elevators only), LEC and Charles B. Webster Detention Center to the low bidder, Premier Elevator. The contract is for one year, with two additional one year renewal options. Funds are Available in the Following Accounts: The contract costs are covered under the following General Fund operating budgets for these facilities: Account #101- 01.6211/52.23112, #101-01.6212/52.23112, and #101- 01.6213/52.23112 REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Cover Memo Item # 32 Attachment number 1 Page 1 of 1 Item # 32 Commission Meeting Agenda 4/15/2008 2:00 PM Downtown Development Authority - Alley at 840 Reynolds St. Department:Clerk of Commission Caption:Consider a request from the Downtown Development Authority to vacate/surrender the alley at 840 Reynolds Street for a major hotel development. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 33 Commission Meeting Agenda 4/15/2008 2:00 PM Wrightsboro Rd Improvements SA#6 Department:Abie L. Ladson, P.E., Director of Engineering Caption:Authorize the Engineering Department to approve Supplemental Agreement Six (6) with PBS & J in the amount of $162,164 for the engineering and design of the high mast street lighting for the Wrightsboro Road/I-520 interchange as part of the improvements to Wrightsboro Road from Jimmie Dyess Parkway to I-520, ARC# 323-04-296823309. Funds will be transferred from the project Right of Way account to the project Engineering Account. GDOT advised on November 16, 2007 that the estimated $1.6 million construction cost will be added to the Wrightsboro Road project. Background:This is a Georgia Department of Transportation (GDOT) project that will widen & reconstruct Wrightsboro Road from Jimmie Dyess Parkway to I- 520. The Engineering Department is responsible for the development of the preliminary engineering activities and hired PBS & J to accomplish these activities. GDOT is funding the right of way acquisition ($8,906,000) and the construction ($16,100,000). Analysis:PBS & J entered into an agreement with Augusta-Richmond County on October 19, 1999 for engineering and design services on the Wrightsboro Road project. Since that date, the City has approved a master street Lighting plan which included Wrightsboro Road. Design of street lighting has been added as part of the scope to improve the Wrightsboro Road corridor from Jimmie Dyess Parkway to I-520 but it did not include theI-520 interchange. GDOT advised on November 16, 2007 that they concurred with the lighting of the Wrightsboro Road/I-520 interchange as part of this project. The estimated construction cost of $1.6 million to incorporate high mast street lighting at this interchange will be added to the Wrightsboro Road project. Cover Memo Item # 34 Financial Impact:PBS & J has proposed a cost of $162,164 for the engineering and design services that will be required to incorporate the high mast street lighting into this project. Alternatives:1) Authorize the Engineering Department to approve Supplemental Agreement Six (6) with PBS & J in the amount of $162,164 for the engineering and design of the high mast street lighting for the Wrightsboro Road/I-520 interchange as part of the improvements to Wrightsboro Road from Jimmie Dyess Parkway to I-520, ARC# 323-04-296823309. Funds will be transferred from the project Right of Way account to the project Engineering Account. GDOT advised on November 16, 2007 that the estimated $1.6 million construction cost will be added to the Wrightsboro Road project. 2) Do not approve and interrupt the connectivity of the street lighting from Jimmie Dyess Parkway to the I-520 southbound entrance/exit ramps (proposed) and from the Augusta Mall to Highland Avenue and beyond (existing). Recommendation:Approve Alternative Number One Funds are Available in the Following Accounts: 323-041110-5411120 & 296823309-5411120 REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Cover Memo Item # 34 Attachment number 1 Page 1 of 9 Item # 34 Attachment number 1 Page 2 of 9 Item # 34 Attachment number 1 Page 3 of 9 Item # 34 Attachment number 1 Page 4 of 9 Item # 34 Attachment number 1 Page 5 of 9 Item # 34 Attachment number 1 Page 6 of 9 Item # 34 Attachment number 1 Page 7 of 9 Item # 34 Attachment number 1 Page 8 of 9 Item # 34 Attachment number 1 Page 9 of 9 Item # 34 Commission Meeting Agenda 4/15/2008 2:00 PM Ga. Dept. of Community Affairs Grant E3 Foundation Department: Caption:Motion to approve a 2008 Georgia Department of Community Affairs pass-through grant award to E3 Foundation in the amount of $20,000. Background:See attached letter from Attorney Steve Shepard dated November 8, 2007. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 35 Attachment number 1 Page 1 of 1 Item # 35 Attachment number 2 Page 1 of 1 Item # 35 Commission Meeting Agenda 4/15/2008 2:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held on April 1, 2008. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 36 Commission Meeting Agenda 4/15/2008 2:00 PM District 2 Appointments Department: Caption:Motion to approve the appointment of Ms. Kay Roland to the General Aviation Commission representing District 2. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 37 Attachment number 1 Page 1 of 1 Item # 37 Commission Meeting Agenda 4/15/2008 2:00 PM District Four appointments Department: Caption:Motion to approve the appointments of Mr. Willie J. Gardon, General Aviation Commission, Mr. James McCormick, Small Business Citizens Advisory Council and Gwendolyn Watts, ARC Human Relations Commission representing District 4. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 38 Attachment number 1 Page 1 of 1 Item # 38 Attachment number 2 Page 1 of 1 Item # 38 Attachment number 3 Page 1 of 1 Item # 38 Commission Meeting Agenda 4/15/2008 2:00 PM Pioneer, Inc. Property Condemnations–Construction of Permanent and Temporary Easement Department:Attorneys Caption:Motion to authorize condemnation of a portion of twelve properties owned by Pioneers, Inc. for the purpose of acquiring various permanent and temporary construction easements necessary for the project as listed in the attached summary. (Belair Hills S/D Project No. 324-04-203824335) Background:The Commission approved the purchase of the necessary Right-of-Way for the listed properties on March 6, 2007. The City has been unable to purchase the required easements due to title issues on the properties (pending suit notice filed and/or pending City/State/Federal property taxes). In order to proceed with the project and avoid the resulting delays and costs, it is necessary to condemn a portion of subject properties. The appraised values of the easements are shown in the attached list. Analysis:Condemnation is required in order to clear the titles and acquire the easements. Financial Impact:The necessary costs will be covered by the project budget. Alternatives:None if project is to proceed. Action is necessary to avoid delays in the project and associated costs. Recommendation:Approve the condemnations. Funds are Available in the Following Accounts: 511043420-5411120/323041110-203824335-5411120 Cover Memo Item # 39 REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Cover Memo Item # 39 Attachment number 1 Page 1 of 1 Item # 39 Commission Meeting Agenda 4/15/2008 2:00 PM Property Condemnation–Permanent and Temporary Construction Alin Mar Investments/Pioneer, Inc. Department:Attorneys Caption:Motion to authorize condemnation of a portion of a property owned by Alin Mar Investments; previously owned by Pioneer, Inc. 0 square feet of permanent easement and 373 square feet of temporary construction easement, PIN: 051-0- 228-00-0, property address: 3959 Barrett Street. Background:The project has to proceed according to schedule and the City has been unable to purchase the required easements due to title issues. In order to proceed with the project and avoid the resulting delays and possible construction penalties, it is necessary to condemn a portion of subject property. The appraised value of the easements is $608.00. Analysis:Condemnation is required in order to acquire the easements. Financial Impact:The necessary costs will be covered by the project budget. Alternatives:None practical, action is necessary to avoid delays in the project and the associated costs. Recommendation:Approve the authorization to condemn. Funds are Available in the Following Accounts: 323041110-5411120 203824335-5411120 REVIEWED AND APPROVED BY: Cover Memo Item # 40 Administrator. Clerk of Commission Cover Memo Item # 40 Commission Meeting Agenda 4/15/2008 2:00 PM Property Condemnation–Permanent and Temporary Construction Easements J. Lovett Homes and Construction, LLC./Pioneer, Inc. Department: Caption:Motion to authorize condemnation of a portion of a property owned by J. Lovett Homes and Construction, LLC; previously owned by Pioneer, Inc. 2312 square feet of permanent easement and 2528 square feet of temporary construction easement, PIN: 051-0-075-00-0, property address: 1714 Orange Avenue. Background:The project has to proceed according to schedule and the City has been unable to purchase the required easements due to title issues. In order to proceed with the project and avoid the resulting delays and costs, it is necessary to condemn a portion of subject property. The appraised value of the easements is $1,595.00 Analysis:Condemnation is required in order to acquire the easements. Financial Impact:The necessary costs will be covered by the project budget. Alternatives:None practical, action is necessary to avoid delays in the project and the associated costs. Recommendation:Approve the authorization to condemn Funds are Available in the Following Accounts: 3230411120-203824335-5411120 REVIEWED AND APPROVED BY: Cover Memo Item # 41 Administrator. Clerk of Commission Cover Memo Item # 41 Commission Meeting Agenda 4/15/2008 2:00 PM Property Condemnation–Permanent and Temporary Easement Department:Attorneys Caption:Motion to authorize condemnation of a portion of a property owned by Charlie and Sarah Jones: 3,250 square feet of permanent construction easement and 3,030 square feet of temporary construction easement, PIN: 139-0-376-00-0 property address: 3012 Yellowwood Court. Background:The project has to proceed according to schedule and the City has been unable to purchase the required easements due to title issues between the owner and a local bank. In order to proceed with the project and avoid the resulting delays and possible construction penalties, it is necessary to condemn a portion of subject property. The appraised value of the easements is $2,008.00. Analysis:Condemnation is required in order to acquire the easements. Financial Impact:The necessary costs will be covered by the project budget. Alternatives:None practical, action is necessary to avoid delays in the project and the associated costs. Recommendation:Approve the authorization to condemn. Funds are Available in the Following Accounts: 511043420-5411120/80250202-5411120 REVIEWED AND APPROVED BY: Cover Memo Item # 42 Administrator. Clerk of Commission Cover Memo Item # 42 Commission Meeting Agenda 4/15/2008 2:00 PM Affidavit Department: Caption:Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 43