HomeMy WebLinkAbout2009-02-03-Meeting Agenda
Commission Meeting Agenda
Commission Chamber
2/3/2009
2:00 PM
INVOCATION:
Rev. Joel Hawkins, Pastor, Southgate Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
PRESENTATION(S)
A. Mr. Jim McLaughlin, PE Wilbur Smith Associates. RE: Update on the progress of the
Transportation Development Plan for Transit.
Attachments
Five (5) minute time limit per delegation
DELEGATIONS
B. Mr. Roderick Pearson. RE: Issue of automobiles being parked on the front lawns of
homes
Attachments
C. Mr. Tim Hollobaugh. RE: Update of Citizens ADA Concerns.
Attachments
CONSENT AGENDA
(Items 1-29)
PUBLIC SERVICES
1. Motion to approve New Ownership Application: A. N. 09 - 59: A request by
Bradley Usry for an on premise consumption Beer & Wine license to be used in
connection with Fat man's Riverfront Cafe located at #1 Seventh St. There will be
Sunday Sales. District 1. Super District 9. (Approved by Public Services Committee
January 28, 2009)
Attachments
2. Motion to deny New Ownership Application: A. N. 09 - 60: request by Teresa Y.
Cummings for an on premise consumption Beer & Wine license to be used in
connection with Super C. Restaurant located at 2746 Tobacco Rd. There will be
Sunday Sales. District 4. Super District 9. (Approved by Public Services Committee
Attachments
January 28, 2009)
3. Motion to approve New Ownership Application: A. N. 09 - 61: a request by Sandra
Gould for an on premise consumption Liquor, Beer & Wine license to be used in
connection with DG & SG, LLC DBA Malibu Jack's located at 231 Fury's Ferry Rd.
There will be Sunday Sales. District 7. Super District 10. (Approved by Public
Services Committee January 28, 2009)
Attachments
4. Motion to approve Transfer Application: A. T. 09 - 01: request by Scott Levine to
transfer the on premise consumption Liquor, Beer & Wine license used in
connection with The Playground located at 873 Broad St. to the new location of 973
Broad St. There will be Dance. District 1. Super District 9. (Approved by Public
Services Committee January 28, 2009)
Attachments
5. Motion to approve New Ownership Application: A. N. 09 - 62: request by Catherine
Walker for an on premise consumption Beer license to be used in connection Barrister
of Augusta located at 1500 Comfort Rd. There will be Sunday Sales. District 3. Super
District 10. (Approved by Public Services Committee January 28, 2009)
Attachments
6. Motion to approve New Ownership Application: A. N. 09 - 63: request by David C.
David for an on premise consumption Liquor, Beer & Wine license to be used in
connection with Omakase Japanese Sushi & Grill located at 3025 Washington Rd.
There will be Sunday Sales. District 7. Super District 10. (Approved by Public
Services Committee January 28, 2009)
Attachments
7. Motion to approve a New Application: A. N. 09 - 64: request by Darren Alston for an
on premise consumption Beer license to be used in connection with Philly Cheese
Steak Factory located at 2906 Peach Orchard Rd. There will be Sunday Sales. District
6. Super District 10. (Approved by Public Services Committee January 28, 2009)
Attachments
8. Motion to approve the business plan submitted by Robert Prescott III of the Finish
Line Cafe located at 3960 Wrightsboro Rd to reinstate of the Sunday Sales license
and place the restaurant on six-months probation. District 3. Super District 10.
(Approved by Public Services Committee January 28, 2009)
Attachments
9. Motion to approve a request for the Commission to appoint the following individuals
to serve on the Construction Advisory Board for a four-year term: Mr. Sean
D’Antignac, Electrical Contractor; Mr. Larry Jones, Master Plumber (Re-
appointment). (Approved by PublicServices Committee January 28, 2009)
Attachments
10. Motion to approve forfeiture of Surety Bond for Mr. Mark Dillinger, d/b/a Mark’s
Remodeling/ Construction. (Approved by Public Services Committee January 28,
2009)
Attachments
11. Motion to approve a request from the Pendleton King Park Foundation regarding
approval of the Pendleton King Park Master Plan. (Approved by Public Services
Committee January 28, 2009)
Attachments
12. Motion to approve an increase in Richmond Transit (Rural Van Service) fares.
(Approved by Public Services Committee January 28, 2009)
Attachments
ADMINISTRATIVE SERVICES
13. Motion to approve an Ordinance providing for the demolition of certain unsafe and
uninhabitable structures in the Laney-Walker Neighborhood: 1127 Cecelia Street,
1129 Cecelia Street, 1131 Cecelia Street, (District 1, Super District 9); South Augusta
Neighborhood: 227 Wise Drive, (District 2, Super District 9); AND WAIVE 2ND
READING. (Approved by Administrative Services Committee January 28, 2009)
Attachments
14. Motion to approve an Ordinance providing for the demolition of certain unsafe and
uninhabitable structures in the Turpin Hill Neighborhood: 1511 Holley Street, 1723
Morgan Street, (District 2, Super District 9); East Augusta Neighborhood: 205
Thomson Road, (District 2, Super District 9); Laney-Walker Neighborhood: 1131
Florence Street, (District 1, Super District 9); South Augusta Neighborhood: 2916
Shelby Drive, 2204 Harding Road, (District 6, Super District 10); AND WAIVE 2ND
READING. (Approved by Administrative Services Committee January 28, 2009
Attachments
15. Motion to approve an Ordinance providing for the demolition of certain unsafe and
uninhabitable structures in the Bethlehem Neighborhood: 1440 Chestnut Street, 1545
Chestnut Street, 1535 Chestnut Street, 1455 Chestnut Street, (District 2, Super
District 9); Laney-Walker Neighborhood: 1126 Carrie Street, 913 Barnes Street,
(District 1, Super District 9); Turpin Hill Neighborhood: 2110 Martin Luther King
Boulevard, (District 2, Super District 9); Olde Town Neighborhood: 101 Ellis Street,
(District 1, Super District 9); Sand Hills Neighborhood: 536 First Avenue, (District 1,
Super District 9); AND WAIVE 2ND READING. (Approved by Administrative
Services Committee January 28, 2009)
Attachments
16. Motion to approve 2009 qualifying fees. (Approved by Administrative Services
Committee January 28, 2009)
Attachments
17. Motion to approve an Ordinance to amend the Augusta, Ga. Code Title One,
Sections 1-4-112 and 1-4-114 thru 1-4-130 relating to the Human Relations
Commission; to repeal all Code sections and Ordinances and parts of Code
Sections and Ordinances in conflict herewith; to provide an effective date and for
other purposes as an advisory committee and reporting to the
Administrator. (Approved by Commission January 22, 2009- second reading)
Attachments
PUBLIC SAFETY
18. Motion to approve an Ordinance to amend the Augusta-Richmond County Code Title
Three Sections 3-3-10, 3-3-13, 3-3-14, 3-3-18.1, 3-3-20 and 3-3-25 relating to Fire
Department inspections, fee schedule and references to other Fire Prevention Codes;
to repeal all Code sections and ordinances and parts of Code sections and
ordinances in conflict herewith; to provide an effective date and for other purposes.
(Approved by the Commission January 22, 2009 second reading)
Attachments
19. Motion to approve an Ordinance to amend the Augusta-Richmond County Code
Title Three - Public Safety, to create a new Chapter Two, to be called "Chapter Two
False Alarms"; to create a system of governance for alarm systems intended to
summon a public safety response; to establish fees; to provide for penalties for
violations; to establish a system of administration for alarm systems; to set
conditions for suspensions; to repeal all code sections and ordinances and parts of
Code sections and ordinances in conflict herewith; to provide an effective date and for
other purposes. (Approved by the Commission January 22, 2009- second reading)
Attachments
FINANCE
20. Motion to approve $345,808 for the purchase of Sheriff's Office for the replacement
of public safety vehicles from the 2009 Capital Outlay. (Approved by Finance
Committee Janaury 27, 2009)
Attachments
21. Motion to accept the recommendation of the Tax Assessor for an abatement of of
taxes and to recalculate the interest and penalty based on the reassessed value relative
to a request from Augusta CT Properties LLCon regarding property located at 1814
Fayetteville Drive. (Approved by Finance Committee January 27, 2009)
Attachments
22. Motion to approve refund recommendation from the Board of Assessors for one
account Pyramid Records & Gifts. (Approved by Finance Committee January 27,
2009)
Attachments
23. Motion to approve a request from the Lucy Craft Laney Museum of Black History
for city sponsorship through the purchase of tickets for the Annual Lucy Craft Laney
Heritage Gala. (Approved by Finance Committee January 27, 2009)
Attachments
24. Motion to deny a request from Ms. Mamie Thomas for an abatement of taxes based
upon a disabled homestead exemption. (Appproved by Finance Committee
January 27, 2009)
Attachments
25. Motion to accept the recommendation of the Tax Assessor to deny a request from
Medicom regarding an abatement of taxes on their freeport inventory for the tax years
2007 and 2008. (Approved by the Finance Committee January 27,2009)
Attachments
26. Motion to approve a request from Paine College for city sponsorship through the
purchase of tickets for the Masked Ball. (Approved by Finance Committee January
27, 2009)
Attachments
27. Motion to approve a request from Mr. Woodrow Fryer for an abatement of taxes
based on a disabled veteran's exemption for the years 2006 through 2008. (Approved
by Finance Committee January 27, 2009)
Attachments
PETITIONS AND COMMUNICATIONS
28. Motion to approve the minutes of the regular meeting of the Commission held on
January 22 and Special Called meeting held January 15, 2009.
Attachments
APPOINTMENT(S)
29. Motion to approve the appointment of Alan Venable to the Historic Preservation
Commission and the reappointment of Amanda C. Barefield to the Library
Board representing District 8.
Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
2/3/2009
AUGUSTA COMMISSION
REGULAR AGENDA
2/3/2009
(Items 30-50)
PUBLIC SERVICES
30. Motion to approve an Ordinance to amend the Augusta, Ga. Code Article Three
Section 3-1-1 relating to "Curfew for Minors" so as to establish provisions for
business tax certificate applicants for teen social clubs to comply with the regulations
set forth in the "Dance Hall" Ordinance. (No recommendation from Public
Services Committee January 28, 2009)
Attachments
31. Motion to approve an Ordinance to amend the Augusta, Ga. Code Title Six Article
Three Section 6-6-43 so as to require applicants to receive Augusta-Richmond
County Commission's consent to operate; to repeal all code sections and ordinances
and parts of code sections and ordinances in conflict herewith; to provide an effective
date and for other purposes. (No recommendation from Public Services
Committee January 28, 2009)
Attachments
32. Motion to approve an Ordinance to amend the Augusta, Georgia Code Article Two
Section 2-1-38 so as to establish additional conditions for suspension of a business tax
certificate; to repeal all ordinance and parts of ordinances in conflict herewith; to
provide an effective date and for other purposes. (No recommendation from Public
Services Committee January 28, 2009)
Attachments
33. Motion to approve an Ordinance to amend the Augusta, Ga. Code Article Six Section
6-2-74 to establish provisions for the suspension of a license for alcoholic beverages;
to repeal all ordinances and parts of ordinances in conflict herewith; to provide for an
effective date and for other purposes. (No recommendation from Public Services
Committee January 28, 2009)
Attachments
PUBLIC SAFETY
34. Motion to approve recommendation for awarding Bid Item #08-
209A,Telephone/Radio 24 Hr Logging Recorder for the Augusta 9-1-1 Center.
Attachments
ENGINEERING SERVICES
35. Approve Clarification of Monthly Residential Sewer Rate.
Attachments
36. Approve Clarification of Multi-family Dwelling Water & Sewer Rates.
Attachments
37. Motion to approve and accept an Easement Deed from Boral Bricks, Inc. for the Doug
Barnard Water Main Project.
Attachments
38. Approve payment to Tampa Armature Works in the amount of $23,392.81 for repairs Attachments
to the Chafee Lift Station Pump.
39. Approve Change Order #1 to Blair Construction Company Inc. for $88,757.88 for
additional asphalt over lay over the roads, replacing raised edge asphalt and
improving the storm structures throughout the area.
Attachments
40. Motion to approve condemnation of a portion of property at 2803 Washington Road
for the purpose of acquiring a Right-of-Way in connection with the Alexander Drive
Project of 0.043 acre (1,869.98 sq. ft.) in fee and 0.311 acre (13,551.70 sq. ft.) of
permanent construction & maintenance easement. The appraised value is $59,770.00.
Attachments
41. Approve additional engineering services in the amount of $26,826.00 to James G.
Swift & Associates to incorporate changes in design requirements for the Gordon
Hwy 24-inch Water Main Extension Project.
Attachments
42. Approve $250,000 to Mainline Homeland Security for the continued work of
installing protection devices in the city’s fire hydrants.
Attachments
43. Presentation by Mr. Ike Williams regarding the closing of Foster Lane.
Attachments
44. Presentation by Mr. Ming F. Lin regarding sewer backup problems at his property
located at 3008 Mistletoe Ave.
Attachments
45. Approve the lease of an additional 653 square feet of office space for the Utility
Systems Program Section of the Augusta Utilities Engineering Department on the
first floor of The New South Building, 360 Bay Street.
Attachments
46. Approve Proposal from Graves Engineering, Inc. for NPDES Services in conjunction
with the new Judicial Center, in the not to exceed amount of $23,200.
Attachments
47. Approve the deed of dedication, maintenance agreement and road resolution
submitted by the Engineering Department for Pinnacle Place, Phase 6, Section IV.
Attachments
48. Motion to approve a resolution to send to the Georgia Department of Transportation
(GDOT) to support the realignment of Barton Chapel Road to the east so that it will
be aligned opposite existing Augusta West Parkway and rescinds the resolution
Attachments
Upcoming Meetings
www.augustaga.gov
adopted June 19, 2001 which opposed the realignment of Augusta West Parkway and
Barton Chapel Road as part of the project to improve Wrightsboro Road from Jimmie
Dyess Parkway to I-520, project number 323-04-296823309. (Approved by
Engineering Services Committee January 12, 2009 and deferred from the
January 22, 2009 Commission meeting)
PETITIONS AND COMMUNICATIONS
49. Motion to approve a resolution from the CSRA Regional Development Center to
continue to operate and administer the coordinated transportation system for aging,
mental health,developmental disabilities and addictive disorders, the Department of
Family and Children Services, TANF and Intensive Services Programs for 2009.
Attachments
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
50. Motion to authorize execution by the Mayor of the affidavit of compliance with
Georgia's Open Meeting Act.
Commission Meeting Agenda
2/3/2009 2:00 PM
Invocation
Department:Clerk of Commission
Caption:Rev. Joel Hawkins, Pastor, Southgate 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
2/3/2009 2:00 PM
Transit Consultant
Department:
Caption:Mr. Jim McLaughlin, PE Wilbur Smith Associates. RE: Update on the
progress of the Transportation Development Plan for Transit.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 2
Attachment number 1
Page 1 of 1
Item # 2
Commission Meeting Agenda
2/3/2009 2:00 PM
Roderick Pearson
Department:
Caption:Mr. Roderick Pearson. RE: Issue of automobiles being parked on the front
lawns of homes
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 3
Attachment number 1
Page 1 of 1
Item # 3
Commission Meeting Agenda
2/3/2009 2:00 PM
Tim Hollobaugh
Department:
Caption:Mr. Tim Hollobaugh. RE: Update of Citizens ADA Concerns.
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
2/3/2009 2:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve New Ownership Application: A. N. 09 - 59: A request
by Bradley Usry for an on premise consumption Beer & Wine license to be
used in connection with Fat man's Riverfront Cafe located at #1 Seventh St.
There will be Sunday Sales. District 1. Super District 9. (Approved by
Public Services Committee January 28, 2009)
Background:Mr. Usry has had a license at this location before.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $2420.00
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 5
Attachment number 1
Page 1 of 2
Item # 5
Attachment number 1
Page 2 of 2
Item # 5
Commission Meeting Agenda
2/3/2009 2:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to deny New Ownership Application: A. N. 09 - 60: request by
Teresa Y. Cummings for an on premise consumption Beer & Wine license
to be used in connection with Super C. Restaurant located at 2746 Tobacco
Rd. There will be Sunday Sales. District 4. Super District 9. (Approved by
Public Services Committee January 28, 2009)
Background:This location had its license revoked in the former owners name.
Analysis:
Financial Impact:The applicant will pay a fee of $2420.00
Alternatives:
Recommendation:License & Inspection has no recommendation. The RCSD has no
recommendation.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 6
Attachment number 1
Page 1 of 2
Item # 6
Attachment number 1
Page 2 of 2
Item # 6
Commission Meeting Agenda
2/3/2009 2:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve New Ownership Application: A. N. 09 - 61: a request by
Sandra Gould for an on premise consumption Liquor, Beer & Wine license
to be used in connection with DG & SG, LLC DBA Malibu Jack's located at
231 Fury's Ferry Rd. There will be Sunday Sales. District 7. Super District
10. (Approved by Public Services Committee January 28, 2009)
Background:This is a new ownership application. Formerly in the name of Permila
Clifton.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $5445.00
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 7
Attachment number 1
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Item # 7
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Item # 7
Attachment number 2
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Item # 7
Attachment number 2
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Item # 7
Commission Meeting Agenda
2/3/2009 2:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve Transfer Application: A. T. 09 - 01: request by Scott
Levine to transfer the on premise consumption Liquor, Beer & Wine
license used in connection with The Playground located at 873 Broad St. to
the new location of 973 Broad St. There will be Dance. District 1. Super
District 9. (Approved by Public Services Committee January 28, 2009)
Background:The applicant holds a current Alcohol license.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $4345.00
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 8
Attachment number 1
Page 1 of 2
Item # 8
Attachment number 1
Page 2 of 2
Item # 8
Commission Meeting Agenda
2/3/2009 2:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve New Ownership Application: A. N. 09 - 62: request by
Catherine Walker for an on premise consumption Beer license to be used in
connection Barrister of Augusta located at 1500 Comfort Rd. There will be
Sunday Sales. District 3. Super District 10. (Approved by Public Services
Committee January 28, 2009)
Background:This is a new ownership application. Formerly in the name of Brad Usry.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $2420.00
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 9
Attachment number 1
Page 1 of 2
Item # 9
Attachment number 1
Page 2 of 2
Item # 9
Commission Meeting Agenda
2/3/2009 2:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve New Ownership Application: A. N. 09 - 63: request by
David C. David for an on premise consumption Liquor, Beer & Wine
license to be used in connection with Omakase Japanese Sushi & Grill
located at 3025 Washington Rd. There will be Sunday Sales. District 7.
Super District 10. (Approved by Public Services Committee January 28,
2009)
Background:This is a new ownership application. Formerly Sapparo's Japanese
Restaurant.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $5445.00
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 10
Attachment number 1
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Item # 10
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Item # 10
Commission Meeting Agenda
2/3/2009 2:00 PM
Alcohol Application
Department:
Caption:Motion to approve a New Application: A. N. 09 - 64: request by Darren
Alston for an on premise consumption Beer license to be used in connection
with Philly Cheese Steak Factory located at 2906 Peach Orchard Rd. There
will be Sunday Sales. District 6. Super District 10. (Approved by Public
Services Committee January 28, 2009)
Background:This is a new application.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $1810.00.
Alternatives:
Recommendation:License & Inspection recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 11
Attachment number 1
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Item # 11
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Item # 11
Commission Meeting Agenda
2/3/2009 2:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve the business plan submitted by Robert Prescott III of
the Finish Line Cafe located at 3960 Wrightsboro Rd to reinstate of the
Sunday Sales license and place the restaurant on six-months
probation. District 3. Super District 10. (Approved by Public Services
Committee January 28, 2009)
Background:This location voluntarily gave up their Sunday Sales license after being
audited and there percentages did not meet code.
Analysis:The applicant doe not meet the requirements of the Augusta Richmond
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $1210.00
Alternatives:
Recommendation:License & Inspection recommends following Augusta Richmond County
Code.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 12
Attachment number 1
Page 1 of 1
Item # 12
Commission Meeting Agenda
2/3/2009 2:00 PM
AN ORDINANCE TO AMEND THE AUGUSTA, GA. CODE RELATING TO CURFEW FOR MINORS SO AS TO
ESTABLISH PROVISIONS FOR APPLICANTS TO ACQUIRE AUGUSTA- RICHMOND COUNTY
COMMISSION'S CONSENT PRIOR TO AN ISSUANCE OF A BUSINESS TAX CERTIFICATE
Department:Commissioner Jerry Brigham, Commissioner Joe Bowles and Commissioner
Don Grantham
Caption:Motion to approve an Ordinance to amend the Augusta, Ga. Code Article
Three Section 3-1-1 relating to "Curfew for Minors" so as to establish
provisions for business tax certificate applicants for teen social clubs to
comply with the regulations set forth in the "Dance Hall" Ordinance. (No
recommendation from Public Services Committee January 28, 2009)
Background:“Entertainment and Social Activities” by definition within the “Curfew for
Minors” ordinance meets the standard of a dance hall as set forth in the
Augusta-Richmond County “Dance Hall Ordinance.” The Honorable Jerry
Brigham, Don Grantham, and Joe Bowles, Commissioners, recommend that
applicants for teen social clubs and/or teen dance clubs in Augusta-
Richmond County comply with the Augusta, Ga. Code §6-6-43 by requiring
the consent of Augusta-Richmond County Commission prior to a business
tax certificate being issued.
Analysis:This Ordinance would amend the AUGUSTA, GA. CODE Article 3 as set
forth in Ordinance No. 7042, enacted April 15, 2008, is hereby amended by
adding subsection 3-1-9 as set forth in “Exhibit A” hereto.
Financial Impact:No immediate financial impact is anticipated.
Alternatives:Alternatives include not amending the Code or approving only some of the
modifications suggested by the proposed ordinance.
Recommendation:Approve this ordinance.
Funds are Available in
the Following
Accounts:
Not applicable.
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 13
AN ORDINANCE
BY THE HONORABLE JERRY BRIGHAM,
DON GRANTHAM AND JOE BOWLES, COMMISSIONERS;
AUGUSTA-RICHMOND COUNTY, GEORGIA
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE AUGUSTA, GA. CODE, TITLE THREE,
CHAPTER ONE “CURFEW FOR MINORS” SO AS TO ESTABLISH
PROVISONS REQUIRING APPLICANTS FOR TEEN SOCIAL CLUB
BUSINESS TAX CERTIFICATES TO COMPLY WITH THE AUGUSTA-
RICHMOND COUNTY, GEORGIA “DANCE HALL” ORDINANCE CODIFIED
IN AUGUSTA, GA. CODE §6-6-43; TO CREATE A NEW CODE SECTION
KNOWN AS “SECTION 3-1-9”; TO REPEAL ALL ORDINANCES AND PARTS
OF ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE
DATE AND FOR OTHER PURPOSES.
WHEREAS, Augusta-Richmond County, Georgia is a home rule governing authority
pursuant to the Georgia Constitution, Art. 9 §2, ¶1 which exercises the authority “to
adopt clearly reasonable ordinances… relating to its property, affairs, and local
government…”
WHEREAS, The Augusta-Richmond County Commission has the authority under
general law to regulate business tax certificates and to provide for the punishment of
violations of the same pursuant to O.C.G.A. §48-13-6;
WHEREAS, Augusta-Richmond County Commission deems it necessary to regulate
business tax certificates issued to dance halls in order promote the health, moral interests,
and public safety of its community and citizens;
WHEREAS, the “Entertainment and Social Activities” definition within the AUGUSTA,
GA. CODE §3-1-1 et al., “Curfew for Minors” Ordinance, meets the standards of a dance
hall as set forth in AUGUSTA, GA. CODE §6-6-43 also known as the “Dance Hall”
Ordinance;
WHEREAS, based upon the increase of reports of fighting and other illicit crimes at
dance halls within Augusta-Richmond County, Georgia from the Augusta-Richmond
County Licensing and Inspection and Richmond County Sheriff’s Departments, the
Augusta-Richmond County Commission finds that teen social clubs are a public
nuisance;
WHEREAS, The Augusta-Richmond County Commission finds that such nuisances and
other illicit behavior negatively affects the public health, safety, morals and general
Attachment number 1
Page 1 of 4
Item # 13
welfare of Augusta-Richmond County, Georgia and negatively impacts its youth and
surrounding businesses;
WHEREAS, based on the foregoing, the Augusta-Richmond County Commission
recommends that business tax certificate applicants for teen social clubs obtain the
approval of Augusta-Richmond County Commission prior to a business tax certificate
being issued.
THE AUGUSTA-RICHMOND COUNTY COMMISSION ordains as follows:
SECTION 1. AUGUSTA, GA. CODE Title 3 Sections 3-1-1 through 3-1-8, as set forth in
Ordinance No. 5719 enacted October 4, 1993 and Ordinance No. 7042 enacted April 15,
2008, are hereby amended by adding Section 3-1-9 as set forth in “Exhibit A” hereto.
SECTION 2. This ordinance shall become effective upon its adoption in accordance
with applicable laws.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Adopted this ___ day of ___________, 2009.
___________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1
Page 2 of 4
Item # 13
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission
on_________________, 2009 and that such Ordinance has not been modified or
rescinded as of the date hereof and the undersigned further certifies that attached hereto is
a true copy of the Ordinance which was approved and adopted in the foregoing
meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
Attachment number 1
Page 3 of 4
Item # 13
Exhibit A
Add
Section 3-1-9. Commission approval.
The License and Inspection Department Director, or his/her designee will present the teen
social club applicants to Public Services Committee. The Committee shall have the right
to determine whether the applicant(s) or location for the proposed teen social clubl is
proper and appropriate and will make a recommendation to the full Board of
Commissioners for a vote. No person shall operate a dance hall within the limits of
Augusta-Richmond County without first receiving a favorable majority vote from the
Board of Commissioners.
Attachment number 1
Page 4 of 4
Item # 13
Commission Meeting Agenda
2/3/2009 2:00 PM
AN ORDINANCE TO AMEND THE AUGUSTA, GA. CODE RELATING TO THE DANCE HALL ORDINANCE SO AS
TO REQUIRE THE AUGUSTA-RICHMOND COUNTY COMMISSION'S CONSENT TO OPERATE WITHIN
AUGUSTA-RICHMOND COUNTY LIMITS
Department:Commissioner Jerry Brigham, Commissioner Joe Bowles and Commissioner
Don Grantham
Caption:Motion to approve an Ordinance to amend the Augusta, Ga. Code Title Six
Article Three Section 6-6-43 so as to require applicants to receive Augusta-
Richmond County Commission's consent to operate; to repeal all code sections
and ordinances and parts of code sections and ordinances in conflict herewith;
to provide an effective date and for other purposes. (No recommendation
from Public Services Committee January 28, 2009)
Background:Augusta-Richmond County deems it necessary to regulate business tax
certificates issued to dance halls and to promote the health, moral interests, and
public safety of its community and citizens. The Honorable Jerry Brigham,
Don Grantham, and Joe Bowles, Commissioners, recommend that applicants for
business tax certificates for dance halls be required to obtain the approval and
consent of the Augusta-Richmond County Commission prior to a business tax
certificate being issued.
Analysis:This Ordinance would amend AUGUSTA, GA. CODE §6-6-43 by repealing it
in its entirety, and inserting in lieu thereof subsections (a) through (h) restated
as set forth in “Exhibit A” hereto. This ordinance more clearly sets forth
procedures for the approval of a dance hall business tax certificate.
Financial Impact:No immeidate financial impact is anticipated.
Alternatives:Alternatives include not modifiying the Code at this time, or approving only a
portion of the modifications at this time.
Recommendation:Approve the modifications to the proposed ordinance.
Funds are Available in
the Following Accounts:Not applicable.
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 14
AN ORDINANCE
BY THE HONORABLE JERRY BRIGHAM,
DON GRANTHAM AND JOE BOWLES, COMMISSIONERS;
AUGUSTA-RICHMOND COUNTY, GEORGIA
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE AUGUSTA, GA. CODE, TITLE SIX, ARTICLE
THREE RELATING TO THE “DANCE HALL” ORDINANCE; TO REQUIRE
APPLICANTS TO RECEIVE THE CONSENT OF THE AUGUSTA-RICHMOND
COUNTY COMMISSION TO OPERATE WITHIN AUGUSTA-RICHMOND COUNTY;
TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, Augusta-Richmond County, Georgia is a home rule governing authority pursuant to
the Georgia Constitution, Art. 9 §2, ¶1 which exercises the authority “to adopt clearly reasonable
ordinances… relating to its property, affairs, and local government…”
WHEREAS, The Augusta-Richmond County Commission has the authority under general law to
regulate business tax certificates and to provide for the punishment of violations of the same
pursuant to O.C.G.A. §48-13-6;
WHEREAS, based upon the increase of reports of illicit crimes at dance halls within Augusta-
Richmond County, Georgia from the Augusta-Richmond County Licensing and Inspection and
Richmond County Sheriff’s Departments, the Augusta-Richmond County Commission finds that
dance halls could create environments which are public nuisances;
WHEREAS, The Augusta-Richmond County Commission finds that such nuisances and other
illicit behavior negatively affects the public health, safety, morals and general welfare of
Augusta-Richmond County, Georgia and negatively impacts its neighborhoods and businesses;
WHEREAS, Augusta-Richmond County Commission deems it necessary to regulate business
tax certificates issued to dance halls and to promote the public health, moral interests, and public
safety of its community and citizens;
WHEREAS, based on the foregoing, applicants for business tax certificates for dance halls must
acquire the approval of Augusta-Richmond County Commission prior to a business tax
certificate being issued.
THE AUGUSTA-RICHMOND COUNTY COMMISSION ORDAINS as follows:
Attachment number 1
Page 1 of 6
Item # 14
SECTION 1. AUGUSTA, GA. CODE Title Six, Article 3, Section 6-6-43 as set forth in Ordinance
No. 5906, enacted March 18, 1997, is hereby amended by repealing it in its entirety, and
inserting in lieu thereof subsections (a) through (h) as set forth in “Exhibit A” hereto.
SECTION 2. This ordinance shall become effective upon its adoption in accordance with
applicable laws.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Adopted this ___ day of ___________, 2009.
___________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1
Page 2 of 6
Item # 14
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission
on_________________, 2009 and that such Ordinance has not been modified or rescinded as of
the date hereof and the undersigned further certifies that attached hereto is a true copy of the
Ordinance which was approved and adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
Attachment number 1
Page 3 of 6
Item # 14
Repealed.
Sec. 6-6-43. Dance halls.
(a) Defined. Dance hall means a location where music, whether live or recorded, is played or
otherwise provided for the purpose of dancing by the patrons of the location, or where such
dancing is allowed or permitted.
(b) Business tax certificate required. Any person, firm or corporation who does business in
Augusta-Richmond County as a dance hall shall, before engaging in such business, obtain a
business tax certificate in accordance with the Augusta-Richmond County Code.
(c) Regulatory fee. Any person, firm or corporation who does business in Augusta-Richmond
County as a dance hall shall, before engaging in such business, pay such regulatory fee as is
provided in section 2-1-3(c) of the Augusta-Richmond County Code.
(d) Right of suspension by License & Inspection Department. The License & Inspection
Department shall have the right to suspend any business tax certificate issued under this chapter
whenever a person, firm or corporation doing business shall deviate from the normal operation
for which the business tax certificate was obtained or fails in performance to meet the required
regulations and code as set forth by the License & Inspection Department, sheriff's department or
health department; or violates any law or ordinance of the United States, or the state or Augusta-
Richmond County, in pursuance of such business conducted under such business tax certificate;
or when it shall be proven before the License & Inspection Department that there is a violation of
a nuisance law; or when the health, morals, interests and convenience of the public demand the
suspension of such business tax certificate. The License & Inspection Department shall report the
suspension of such business tax certificate to the next regular or called meeting of the
Commission; then the business tax certificate shall be suspended, placed on probation,
permanently revoked, or otherwise it shall be restored and remain in full force.
(e) Penalty for violation of article. All persons, firms or corporations failing to comply with the
mandatory provisions of this article or doing any act prohibited in this article shall be guilty of an
offense, and, upon trial as a misdemeanor and conviction, shall be punished by a fine in an
amount not to exceed one thousand dollars ($1,000.00) and/or imprisonment in the Augusta-
Richmond County jail for a period not in excess of sixty (60) days.
Sec. 6-6-43. Dance halls.
(a) Defined. Dance hall means a location where music, whether live or recorded, is played and/or
otherwise provided for the purpose of dancing by the patrons of the location, or where such
dancing is allowed or permitted.
Attachment number 1
Page 4 of 6
Item # 14
(b) Application. A written application to the Augusta-Richmond County Commission for a
license under this Ordinance shall be made on forms approved by the Augusta-Richmond County
Commission. All questions and information required by the application form should be filled in
and subscribed to by all applicants, under oath, and shall disclose among other information
whether the applicant has been convicted of any crime, misdemeanor or a violation of any
municipal ordinance (except minor traffic violations) in any state, county, municipal or federal
court, and the particulars of same; the prior business of applicant for the past ten (10) years;
names and addresses of three (3) persons who have known applicant for the past five (5) years;
whether the interest of applicant is total, partial, or exact extent of same, and, if partial, the
names and addresses of all others having a partial interest in said business and the extent of such
interest; and such other and further information as the Commission shall deem necessary.
(c) Inspection of application by license inspector; investigation by sheriff; provision of
information to license & inspection department upon request. An application under this
Ordinance shall be sworn to and directed to the Director of License & Inspection for Augusta-
Richmond County, who shall inspect the application and refer same to the Augusta-Richmond
County Sheriff, who shall investigate the character and reputation of the applicant, owners,
partners, officers of the corporation, shareholders, managers, employees, and others associated
with the application, and the suitability of the location for the dance hall.
(1) All applicants shall furnish all data, information and records requested of them by the
License & Inspection Department and/or the Augusta-Richmond County Sheriff's
Department, and failure to furnish such data, information and records within thirty (30)
days from the date of the request shall automatically serve to dismiss, with prejudice, the
application. Applicants, by filing an application, agree to produce for oral interrogation
any person or persons involved in any transaction pertinent to the application or any
evidence relevant to the application as may be requested by the Augusta-Richmond
County License & Inspection Department or the Augusta-Richmond County Sheriff's
Department. Failure to produce such evidence, person or persons within thirty (30) days
after being requested to do so shall result in the automatic dismissal of the application.
(d) Commission Approval. The License and Inspection Department Director, or his/her designee
will present the dance hall applicants to Public Services Committee. The Committee shall have
the right to determine whether the applicant or location for the proposed dance hall is proper and
appropriate and will make a recommendation to the full Board of Commissioners for a vote. No
person shall operate a dance hall within the limits of Augusta-Richmond County without first
receiving a favorable majority vote from the Board of Commissioners.
(e) Business tax certificate required. Any person, firm or corporation who does business in
Augusta-Richmond County as a dance hall shall, before engaging in such business, obtain a
business tax certificate in accordance with the Augusta-Richmond County Code.
(f) Regulatory fee. Any person, firm or corporation who does business in Augusta-Richmond
County as a dance hall shall, before engaging in such business, pay such regulatory fee as is
provided in section 2-1-3(c) of the Augusta-Richmond County Code.
Attachment number 1
Page 5 of 6
Item # 14
(g) Right of suspension by License & Inspection Department. The License & Inspection
Department shall have the right to suspend any business tax certificate issued under this chapter
whenever a person, firm or corporation doing business shall deviate from the normal operation
for which the business tax certificate was obtained or fails in performance to meet the required
regulations and code as set forth by the License & Inspection Department, Augusta-Richmond
County Sheriff's Department or Augusta-Richmond County Health Department; or violates any
law or ordinance of the United States, or the state or Augusta-Richmond County, in pursuance of
such business conducted under such business tax certificate; or when it shall be proven before
the License & Inspection Department that there is a violation of a nuisance law; or when the
health, morals, interests and convenience of the public demand the suspension of such business
tax certificate. The License & Inspection Department shall report the suspension of such business
tax certificate to the next regular or called meeting of the Commission. The Commission in shall
determine whether the certificate-holder will be suspended, placed on probation, permanently
revoked, or otherwise it shall be restored and remain in full force.
(h) Penalty for violation of article. All persons, firms or corporations failing to comply with the
mandatory provisions of this article or doing any act prohibited in this article shall be guilty of an
offense, and, upon trial as a misdemeanor and conviction, shall be punished by a fine in an
amount not to exceed one thousand dollars ($1,000.00) and/or imprisonment in the Augusta-
Richmond County jail for a period not in excess of sixty (60) days.
Attachment number 1
Page 6 of 6
Item # 14
Commission Meeting Agenda
2/3/2009 2:00 PM
AN ORDINANCE TO AMEND THE AUGUSTA, GA. CODE TO ESTABLISH ADDITIONAL CONDITIONS FOR
SUSPENSION OF A BUSINESS TAX CERTIFICATE
Department:Commissioner Jerry Brigham, Commissioner Joe Bowles and Commissioner Don
Grantham
Caption:Motion to approve an Ordinance to amend the Augusta, Georgia Code Article Two
Section 2-1-38 so as to establish additional conditions for suspension of a business
tax certificate; to repeal all ordinance and parts of ordinances in conflict herewith; to
provide an effective date and for other purposes. (No recommendation
from Public Services Committee January 28, 2009)
Background:The Licensing and Inspection Department finds that some businesses fail to comply
with the requirements set forth in the Augusta, Ga. Code. This behavior can
negatively affect the health, safety, and general welfare of Augusta-Richmond
County citizens in the area, and negatively affect surrounding businesses. Augusta-
Richmond County desires to protect its citizens and to promote successful business
practices for Augusta-Richmond County business tax certificate holders. The
Honorable Jerry Brigham, Don Grantham, and Joe Bowles, Commissioners,
recommend establishing provisions for probation and suspension of a business tax
certificate.
Analysis:This Ordinance would amend AUGUSTA, GA. CODE §2-1-38 by repealing it in its
entirety, and inserting in lieu thereof subsections (a) through (g) restated as set forth
in “Exhibit A” hereto. This ordinance more clearly sets forth procedures for
suspension of a tax certificate.
Financial Impact:No immdiate financial impact is anticipated.
Alternatives:An alternative is to not amend the Ordinance at this time or implementing only some
of the modifications suggested by the proposed ordinance.
Recommendation:Approve the proposed ordinance.
Funds are Available in the
Following Accounts:Not applicable
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 15
AN ORDINANCE
BY THE HONORABLE JERRY BRIGHAM,
DON GRANTHAM AND JOE BOWLES, COMMISSIONERS;
AUGUSTA-RICHMOND COUNTY, GEORGIA
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE AUGUSTA, GA. CODE, TITLE TWO, ARTICLE
TWO, SECTION THIRTY-EIGHT, ENTITLED THE “RIGHT TO DENY, SUSPEND OR
REVOKE A BUSINESS TAX CERTIFICATE”; SO AS TO ESTABLISH ADDITIONAL
CONDITIONS FOR THE SUSPENSION OF A BUSINESS TAX CERTIFICATE; TO
REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, Augusta-Richmond County, Georgia is a home rule municipality pursuant to the
Georgia Constitution, Art. 9 §2, ¶1 which exercises the authority “to adopt clearly reasonable
ordinances… relating to its property, affairs, and local government…”
WHEREAS, The Augusta-Richmond County Commission has the authority under general law to
levy an occupational tax on businesses, to issue business tax certificates, to classify businesses
and practitioners of professions and occupations, to assess different taxes on different classes of
businesses and practitioners, and to provide for the punishment of violations the same pursuant
to O.C.G.A. §48-13-6;
WHEREAS, based upon reports and investigations by the Licensing and Inspection Department,
the Augusta-Richmond County Commission finds that businesses that fail to comply with the
business tax certificate requirements set forth in the AUGUSTA, GA. CODE create public nuisances
and illicit crimes;
WHEREAS, The Augusta-Richmond County Commission finds that such nuisances and other
illicit behavior negatively affects the public health, safety, morals and general welfare of
Augusta-Richmond County, Georgia and negatively impact businesses that are compliant with
the AUGUSTA, GA. CODE;
WHEREAS, The Augusta-Richmond County Commission desires to protect its citizenry and
regulate taxes imposed on Augusta-Richmond County business tax certificate holders;
WHEREAS, based on the foregoing, Augusta-Richmond County establishes provisions for
probation and suspension of a business tax certificate.
THE AUGUSTA-RICHMOND COUNTY COMMISSION ORDAINS as follows:
Attachment number 1
Page 1 of 7
Item # 15
2
SECTION 1. AUGUSTA, GA. CODE Section 2-1-38, enacted September 2, 1997 and readopted
on July 10, 2007, is hereby amended by repealing it in its entirety, and inserting in lieu thereof
subsections (a) through (g) restated as set forth in “Exhibit A” hereto.
SECTION 2. This ordinance shall become effective upon its adoption in accordance with
applicable laws.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Adopted this ___ day of ___________, 2009.
___________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1
Page 2 of 7
Item # 15
3
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission
on_________________, 2009 and that such Ordinance has not been modified or rescinded as of
the date hereof and the undersigned further certifies that attached hereto is a true copy of the
Ordinance which was approved and adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
Attachment number 1
Page 3 of 7
Item # 15
4
Repealed.
Sec. 2-1-38. Right to deny, suspend, or revoke a business tax certificate.
(a) A Business Tax Certificate under this Chapter may be denied, suspended, or revoked if one
(1) or more of the following exists:
(1) The applicant or holder of the certificate has failed to obtain any paper or documents
necessary in pursuance of its business as may be required by any office, agency or department of
the county, state, or the United States under authority of any law, ordinance or resolution of the
county, state or United States.
(2) The applicant or holder of the certificate has supplied false information to the supervisor of
the business license office.
(3) The applicant or holder of the certificate intends to violate or has violated any federal or state
law, or local ordinance or any ordinance or resolution regulating such business or intends to
violate any regulation made pursuant to authority granted for the purpose of regulating such
business.
(4) The applicant or holder of the certificate has failed to pay any fee required under this chapter,
has failed to make a return or pay a tax due to the tax commissioner, or has otherwise failed to
comply with the provisions of this chapter.
(5) The applicant or holder of the certificate during the twelve (12) months next preceding has
engaged in misrepresentation of facts, whether through advertisement or through any form of
direct communication, oral or written, which is intended to mislead the public or any party with
whom the holder of the certificate deals in pursuance of the registered business. The term
misrepresentation of fact as used herein shall embrace not only express misrepresentations, but
also misrepresentations arising by virtue of the conduct of the holder of this certificate, including
acts of omissions. By way of illustration only, and without limiting the scope of this subsection,
due cause as herein defined shall consist of any act or practice designated as unlawful in sections
393(b)(1) through (b)(29) of the Fair Business Practices Act found in O.C.G.A. § 10-1-390 et
seq.
(b) Anything to the contrary notwithstanding, if a health certificate is required for the operation
of the business, a conditional Business Tax Certificate may be issued for a period of sixty
(60)days, so as to allow compliance with the rules and regulations of the county health
department; however, the applicant may not commence operations of any food service
establishment, as that term is defined by O.C.G.A. § 26-2-370, unless and until it receives a
health permit from the county health department pursuant to O.C.G.A. § 26-2-371.Upon issuance
of a valid health permit by the county health department, the conditional Business Tax
Certificate shall automatically, by virtue of this subsection, be converted into an annual Business
Tax Certificate under the terms of this chapter, effective as of the date of its issuance.
Attachment number 1
Page 4 of 7
Item # 15
5
(c) The Commission shall provide notice and hearing before suspending or revoking any
Business Tax Certificate.
(d) Where a Business Tax Certificate is revoked for cause by the Commission, no certificate
shall be thereafter issued to such holder for a period of twelve (12) months from the date of said
revocation to engage in the type of business for which said certificate was issued and revoked
and shall not be issued to any person, firm or corporation or other entity which has an agent,
employee, officer or stockholder of the firm whose certificate was revoked for cause employed
in a position of management or control of operations of an integral part of its enterprise, or who
aided and abetted in the violation of the law or otherpractices resulting in said revocation for
cause of a Business Tax Certificate. The period of twelve(12) months shall run from the date of
the revocation of the certificate of the firm or entity with whom such agent, employee, officer or
stockholder was associated. A stockholder shall be defined to be owning or having the control of
at least twenty (20) percent of the issued stock in the corporation whose certificate was revoked
for cause.
(e) A Business Tax Certificate or an application for a Business Tax Certificate under this chapter
may be denied, suspended or revoked only for due cause as defined in subsections (a)and (f)
hereof. A Business Tax Certificate may be denied, suspended or revoked only after a hearing
before the Commission upon prior written notice to the applicant or holder of the certificate of
the time, place and purpose of such hearing and a statement of the reason why the application
would be denied, suspended or revoked. Three (3) days notice shall be deemed reasonable, but
shorter or longer periods of notice shall be authorized as the Augusta-Richmond County
Commission may deem the circumstances justify. Unless the circumstances otherwise justify, the
hearing shall be held no later than thirty (30) days after the application is filed with the
supervisor of the business license office, or notice given of suspension or revocation hearing.
(f) Due cause for denial, suspension or revocation of a Business Tax Certificate shall consist of
the violation by the holder of same of any laws or ordinances of the county, including the
provisions herein, or violation of any state or federal law, other than traffic laws.
Sec. 2-1-38. Probation, suspension, revocation or denial of a business tax certificate.
(a) Any business having a business tax certificate issued under this Ordinance may be placed on
probation, and the business tax certificate may be suspended, revoked and/or denied by the
Augusta-Richmond County Commission after a finding of due cause. Due cause for the
probation of a business, or the suspension, revocation or denial of a business tax certificate shall
include but shall not be limited to, the following:
(1) The applicant or holder of the certificate has failed to obtain any paper or documents
necessary in pursuance of its business as may be required by any office, agency or department of
Augusta-Richmond County, State of Georgia, or the United States under authority of any law,
ordinance or resolution of Augusta-Richmond County, State of Georgia or United States.
Attachment number 1
Page 5 of 7
Item # 15
6
(2) The applicant or holder of the certificate has supplied false information to any employee of
the business license office.
(3) The applicant or holder of the certificate intends to violate or has violated any federal or state
law, or local ordinance or any ordinance or resolution regulating such business or intends to
violate any regulation made pursuant to authority granted for the purpose of regulating such
business.
(4) The applicant or holder of the certificate has failed to pay any fee required under this chapter,
has failed to make a return or pay a tax due to the tax commissioner, the State of Georgia, the
Federal Government or has otherwise failed to comply with the provisions of this chapter.
(5) The applicant or holder of the certificate during the twelve (12) preceding months has
engaged in misrepresentation of facts, whether through advertisement or through any form of
direct communication, oral or written, which is intended to mislead the public or any party with
whom the holder of the certificate deals in pursuance of the registered business. The term
misrepresentation of fact as used herein shall embrace not only express misrepresentations, but
also misrepresentations arising by virtue of the conduct of the holder of this certificate, including
acts of omissions. By way of illustration only, and without limiting the scope of this subsection,
due cause as herein defined shall consist of any act or practice designated as unlawful in sections
393(b)(1) through (b)(29) of the Fair Business Practices Act found in O.C.G.A. §10-1-390 et seq.
(6) The applicant or holder of the certificate fails to adequately supervise and monitor the
conduct of the employees, patrons and others on the subject premises, or on any property owned
or leased by the applicant or holder, including but not limited to parking lots and parking areas,
or on any parking lots or areas which may be lawfully used by patrons of the establishment of the
applicant or holder, in order to protect the safety and well-being of the general public and of
those using the premises.
(7) When it shall be proven before the License & Inspection Department that there is a violation
of a nuisance laws pursuant to O.C.G.A §§41-2-7 through 41-2-17 and AUGUSTA, GA. CODE §7-
2-1 et seq.; or license-holders have been charged or convicted of a crime or of moral turpitude;
or when the health, morals, interests and convenience of the public demand the suspension of
such business tax certificate.
(b) Anything to the contrary notwithstanding, if a health certificate is required for the operation
of the business, a conditional Business Tax Certificate may be issued for a period of sixty (60)
days, so as to allow compliance with the rules and regulations of the Augusta-Richmond County
Health Department; however, the applicant may not commence operations of any food service
establishment, as that term is defined by O.C.G.A. §26-2-370, unless and until it receives a
health permit from the county health department pursuant to O.C.G.A. §26-2-371. Upon issuance
of a valid health permit by the Augusta-Richmond County Health Department, the conditional
Business Tax Certificate shall automatically, by virtue of this subsection, be converted into an
annual Business Tax Certificate under the terms of this chapter, effective as of the date of its
issuance.
Attachment number 1
Page 6 of 7
Item # 15
7
(c) The Commission shall provide notice and hearing before the probation, suspension or
revocation any Business Tax Certificate.
(d) Where a Business Tax Certificate is revoked for cause by the Commission, no certificate
shall be thereafter issued to such holder for a period of twelve (12) months from the date of said
revocation to engage in the type of business for which said certificate was issued and revoked
and shall not be issued to any person, firm or corporation or other entity which has an agent,
employee, officer or stockholder of the firm whose certificate was revoked for cause employed
in a position of management or control of operations of an integral part of its enterprise, or who
aided and abetted in the violation of the law or other practices resulting in said revocation for
cause of a Business Tax Certificate. The period of twelve (12) months shall run from the date of
the revocation of the certificate of the firm or entity with whom such agent, employee, officer or
stockholder was associated. A stockholder shall be defined to own or having the control of at
least twenty (20) percent of the issued stock in the corporation whose certificate was revoked for
cause.
(e) A Business Tax Certificate or an application for a Business Tax Certificate under this chapter
may be denied, suspended, revoked or placed on probation only for due cause as defined in
subsections (a) and (f) hereof. A Business Tax Certificate may be denied, suspended or revoked
only after a hearing before the Commission upon prior written notice to the applicant or holder of
the certificate of the time, place and purpose of such hearing and a statement of the reason why
the application would be denied, suspended revoked or placed on probation. Three (3) days
notice shall be deemed reasonable, but shorter or longer periods of notice shall be authorized as
the Augusta-Richmond County Commission may deem the circumstances justify. Unless the
circumstances otherwise justify, the hearing shall be held no later than thirty (30) days after the
application is filed with any supervisor of the business license office, or notice given of
probation, suspension or revocation hearing.
(f) Due cause for denial, suspension, probation or revocation of a Business Tax Certificate shall
consist of the violation by the holder of same of any laws or ordinances of Augusta-Richmond
County, including the provisions herein, or violation of any state or federal law, other than traffic
laws.
(g) A Business Tax Certificate issued under this Ordinance may be suspended by the Augusta-
Richmond County Commission if the certificate-holder has been placed on any term of
probation, under Title Two, twice within a twelve (12) month period.
Attachment number 1
Page 7 of 7
Item # 15
Commission Meeting Agenda
2/3/2009 2:00 PM
AN ORDINANCE TO AMEND THE AUGUSTA, GA. CODE TO ESTABLISH THE SUSPENSION OF A LICENSE FOR
ALCOHOLIC BEVERAGES
Department:Commissioner Jerry Brigham, Commissioner Joe Bowles and Commissioner Don
Grantham
Caption:Motion to approve an Ordinance to amend the Augusta, Ga. Code Article Six Section
6-2-74 to establish provisions for the suspension of a license for alcoholic beverages;
to repeal all ordinances and parts of ordinances in conflict herewith; to provide for an
effective date and for other purposes. (No recommendation from Public Services
Committee January 28, 2009)
Background:Augusta-Richmond County desires to protect its citizens and to promote successful
business practices for alcoholic beverage licensees and desires to maintain
community safety and the quality of life for its citizens. The Honorable Jerry
Brigham, Don Grantham, and Joe Bowles, Commissioners, recommend that
provisions for the suspension of alcoholic beverage license be an option for the
Augusta-Richmond County Commission when an alcoholic beverage license-holder
has been placed on probation twice within a twelve (12) month period.
Analysis:This Ordinance would amend the AUGUSTA, GA. CODE §6-2-74, by repealing it
in its entirety, and inserting in lieu thereof subsections (a) through (f) restated as set
forth in “Exhibit A” hereto. This proposed ordinance establishes provisions for the
suspension of an alcoholic license where a license-holder has been placed on
probation twice by the Augusta-Richmond County Commission.
Financial Impact:No immediate financial impact is expected.
Alternatives:Alternatives include not approving the proposed amendments or approving only a
portion of the proposed amendments to the Ordinance.
Recommendation:Approve the proprosed ordinance.
Funds are Available in the
Following Accounts:Not applicable.
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 16
AN ORDINANCE
BY THE HONORABLE JERRY BRIGHAM,
DON GRANTHAM AND JOE BOWLES, COMMISSIONERS;
AUGUSTA-RICHMOND COUNTY, GEORGIA
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE AUGUSTA, GA. CODE, TITLE SIX, ARTICLE
TWO, SECTION SEVENTY-FOUR, ENTITLED “PROBATION, SUSPENSION AND
REVOCATION”; SO AS TO ESTABLISH SUSPENSION OF A LICENSE FOR
ALCOHOLIC BEVERAGES; TO REPEAL ALL ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE
AND FOR OTHER PURPOSES.
WHEREAS, Augusta-Richmond County, Georgia is a home rule governing authority pursuant to
the Georgia Constitution, Art. 9 §2, ¶1 which exercises the authority “to adopt clearly reasonable
ordinances… relating to its property, affairs, and local government…”
WHEREAS, The Augusta-Richmond County Commission has the authority under general laws
to adopt rules and regulations “governing the conduct of any licensee including, but not limited
to, regulation of hours of business, types of employees, and other matters which may fall within
the police powers of such municipalities or counties” pursuant to O.C.G.A. §§3-4-110 and 3-7-
43;
WHEREAS, based upon reports from the Augusta-Richmond County Licensing and Inspection
and Richmond County Sheriff’s Departments, the Augusta-Richmond County Commission finds
that unregulated businesses, which sell alcoholic beverages, could create environments which are
public nuisances and illicit crimes;
WHEREAS, The Augusta-Richmond County Commission finds that such nuisances, illicit
behavior and the degradation of public morals negatively impact the public health, safety, and
general welfare of the Augusta-Richmond County citizenry and negatively affect regulated
businesses in the area;
WHEREAS, The Augusta-Richmond County Commission desires to protect the public health
and safety and regulate the sale of alcoholic beverages in Augusta-Richmond County, Georgia;
WHEREAS, based on the foregoing, the Augusta-Richmond County Commission may suspend
an alcohol beverage license when a license-holder has been placed on probation twice within a
twelve (12) month period.
THE AUGUSTA-RICHMOND COUNTY COMMISSION ORDAINS as follows:
Attachment number 1
Page 1 of 5
Item # 16
SECTION 1. AUGUSTA, GA. CODE Section 6-2-74, enacted March 18, 1997 and readopted on
July 10, 2007, is hereby amended by repealing it in its entirety, and inserting in lieu thereof
subsections (a) through (f) restated as set forth in “Exhibit A” hereto.
SECTION 2. This ordinance shall become effective upon its adoption in accordance with
applicable laws.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Adopted this ___ day of ___________, 2009.
___________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1
Page 2 of 5
Item # 16
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission
on_________________, 2009 and that such Ordinance has not been modified or rescinded as of
the date hereof and the undersigned further certifies that attached hereto is a true copy of the
Ordinance which was approved and adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
Attachment number 1
Page 3 of 5
Item # 16
Exhibit A
Repealed.
Sec. 6-2-74. Probation, suspension & revocation.
Any license issued under this Ordinance may be put on probation, suspended and/or revoked by
the Augusta-Richmond County Commission after a finding of due cause. Due cause for the
probation, suspension or revocation of a license shall include but shall not be limited to, the
following:
(a) A violation of this Ordinance or any State or federal law governing the manufacture,
transport, or sale of alcoholic beverages by the licensee or any person in his employ or in the
employ of the establishment for which the license was issued.
(b) The conviction of the licensee of a crime, which would render him or her ineligible to apply
for a license. The term conviction as used herein includes a plea of guilty or nolo contendere.
(c) Failure by the licensee, or any person in his employ or in the employ of the establishment for
which the license was issued, to adequately supervise and monitor the conduct of the
employees, patrons and others on the licensed premises, or on any property owned or leased
by the licensee, including but not limited to parking lots and parking areas, or on any parking
lots or areas which may be lawfully used by patrons of a licensed establishment, in order to
protect the safety and well-being of the general public and of those using the premises.
(d) The revocation of the license or permit of the business to operate by any State, County, City
or other governmental authority due to a violation of any law applicable to the business
including, but not limited to, building codes and health codes.
(e) Falsifying information or making any material misrepresentation on the application for a
license under this Ordinance.
Sec. 6-2-74. Probation, suspension & revocation.
Any license issued under this Ordinance may be put on probation, suspended and/or revoked by
the Augusta-Richmond County Commission after a finding of due cause. Due cause for the
probation, suspension or revocation of a license shall include but shall not be limited to, the
following:
(a) A violation of this Ordinance or any State or federal law governing the manufacture,
transport, or sale of alcoholic beverages by the licensee or any person in his employ or in the
employ of the establishment for which the license was issued.
(b) The conviction of the licensee of a crime, which would render him or her ineligible to apply
for a license. The term conviction as used herein includes a plea of guilty or nolo contendere.
Attachment number 1
Page 4 of 5
Item # 16
(c) Failure by the licensee, or any person in his employ or in the employ of the establishment for
which the license was issued, to adequately supervise and monitor the conduct of the
employees, patrons and others on the licensed premises, or on any property owned or leased
by the licensee, including but not limited to parking lots and parking areas, or on any parking
lots or areas which may be lawfully used by patrons of a licensed establishment, in order to
protect the safety and well-being of the general public and of those using the premises.
(d) The revocation of the license or permit of the business to operate by any State, County, City
or other governmental authority due to a violation of any law applicable to the business
including, but not limited to, building codes and health codes.
(e) Falsifying information or making any material misrepresentation on the application for a
license under this Ordinance.
(f) A license issued under this Ordinance may be suspended by the Augusta-Richmond County
Commission if the license-holder has been placed on any term of probation, under Title Six
Article Two, twice within a twelve (12) month period.
Attachment number 1
Page 5 of 5
Item # 16
Commission Meeting Agenda
2/3/2009 2:00 PM
Construction Advisory Board
Department:License & Inspection
Caption:Motion to approve a request for the Commission to appoint the following
individuals to serve on the Construction Advisory Board for a four-year
term: Mr. Sean D’Antignac, Electrical Contractor; Mr. Larry Jones, Master
Plumber (Re-appointment). (Approved by PublicServices Committee
January 28, 2009)
Background:The Construction Advisory Board is recommending that Mr. Sean
D’Antignac be appointed to the Board as the ‘Electrical Contractor’ and that
Mr. Larry Jones be re-appointed to the Board as the ‘Master Plumber’. The
Electrical Contractor position on the Construction Advisory Board is vacant.
Mr. Sean D’Antignac is a State Licensed Electrical contractor and is part
owner of Dukes & D’Antignac, LLC. Mr. Larry Jones is the current
appointee for the Master Plumber position on the Board, and is the owner of
Universal Plumbing. His term expires February 6, 2009, but he has offered
to serve another term.
Analysis:The Construction Advisory Board serves in an advisory capacity on matters
pertaining to construction. It will conduct mediation hearings to resolve
differences of opinions in the interpretation of all construction codes and
inspection procedures. The Board will also serve as a liaison between the
City of Augusta and builders, developers, design professionals and other
disciplines involved in the building industry.
Financial Impact:N/A
Alternatives:Do not make the recommended appointments.
Recommendation:Approval
Funds are Available in
the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Cover Memo
Item # 17
Administrator.
Clerk of Commission
Cover Memo
Item # 17
Commission Meeting Agenda
2/3/2009 2:00 PM
Forfeiture of Surety Bond
Department:License & Inspection
Caption:Motion to approve forfeiture of Surety Bond for Mr. Mark Dillinger, d/b/a
Mark’s Remodeling/ Construction. (Approved by Public Services
Committee January 28, 2009)
Background:At the regularly scheduled meeting of the Augusta Construction Advisory
Board on January 8, 2009, the Board discussed a claim against the bond for
Mark’s Remodeling/ Construction, and approved a recommendation for the
Augusta Commission that the claim against the bond be approved. Mr. John
Deal filed a complaint alleging damages arising from work done or
supervised by Mr. Mark Dillinger, d/b/a Mark’s Remodeling/ Construction,
at 1419 Johns Road. Mr. Dillinger purchased a building permit on August
21, 2007, for ‘bath alteration’. During the course of construction several
code violations were identified by the inspectors. Mr. Dillinger has refused
to correct the code violations; consequently Mr. Deal is requesting forfeiture
of the Surety Bond for the amount of $14,675.00 to correct the code
violations.
Analysis:Section 7-1-116.4 of the Augusta Code provides that the contractor shall
‘execute and deposit in the License & Inspection Department a bond in the
sum of fifteen-thousand dollars ($15,000), such bond to be conditioned that
all work performed by the contractor or under his supervision shall be
performed in accordance with the provisions of the building code”. … Mr.
Deal had two contractors to provide estimates for correcting the code
violations. The estimates are: $14,675.00 and $15,422.00. The exact amount
of the bond forfeiture will be determined by the bond company – AMCO
Insurance Company… The bond is payable to the City of Augusta.
Consequently, the bond company will issue a check payable to Augusta and
Augusta will issue a check for the same amount to Mr. Deal.
Financial Impact:N?A
Alternatives:Do not approve.
Recommendation:Approve
Funds are Available in
the Following
Accounts:
N/A Cover Memo
Item # 18
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 18
Commission Meeting Agenda
2/3/2009 2:00 PM
Pendleton King Park Master Plan
Department:Clerk of Commission
Caption:Motion to approve a request from the Pendleton King Park Foundation
regarding approval of the Pendleton King Park Master Plan. (Approved by
Public Services Committee January 28, 2009)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 19
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Commission Meeting Agenda
2/3/2009 2:00 PM
Rural Transit Fare Increase
Department:Augusta Public Transit
Caption:Motion to approve an increase in Richmond Transit (Rural Van Service)
fares. (Approved by Public Services Committee January 28, 2009)
Background:Augusta-Richmond County is proposing to increase the fare for Richmond
Transit, the Rural Van Service. The fare for a one way trip, if approved,
will increase from $2.00 to $3.00. Richmond Transit is required by the state
to run a legal notice for a public hearing request when there is to be a fare
increase. The public has 15days to respond. The notice of fare increase ran
in the Augusta Chronicle on December 18, 2008, and the affidavit of
publication is on file. January 3, 2009 ended the 15 day request for a public
hearing. No requests were received.
Analysis:There has not been a fare increase since 2001.
Financial Impact:Reduced expenses and increase revenue.
Alternatives:1. To maintain Richmond Transit fare as is. 2. To modify the proposal.
Recommendation:Approve the proposed change.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 20
Commission Meeting Agenda
2/3/2009 2:00 PM
Demolition of Unsafe Structures
Department:License & Inspection
Caption:Motion to approve an Ordinance providing for the demolition of certain
unsafe and uninhabitable structures in the Laney-Walker Neighborhood:
1127 Cecelia Street, 1129 Cecelia Street, 1131 Cecelia Street, (District 1,
Super District 9); South Augusta Neighborhood: 227 Wise Drive, (District
2, Super District 9); AND WAIVE 2ND READING. (Approved by
Administrative Services Committee January 28, 2009)
Background:The approval of this ordinance will provide for the demolition of certain
structures that have been determined to be dilapidated beyond repair and a
public nuisance. The owners of the above referenced properties have been
requested to correct the property maintenance violations. The violations
were not corrected. By approving this ordinance the City will have the
structures demolished, record a lien against the property in the amount of the
costs incurred, and send the property owners a bill for payment that is due
within 30 days of receipt.
Analysis:Continuing the removal of dilapidated structures will signal to the public
that neglected, unsafe and uninhabitable structures will not be allowed and
that property owners will be held responsible for their properties.
Financial Impact:The average total cost associated with the demolition of each property will
be approximately $5,200.00. This includes the title search, asbestos survey,
and demolition.
Alternatives:Allow the unsafe structures to remain and continue to have a negative
impact on the neighborhoods and City.
Recommendation:Approval
Funds are Available in
the Following
Accounts:
FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNT: Account
# 101072910 / 5212999
REVIEWED AND APPROVED BY:
Finance.
Law.
Cover Memo
Item # 21
Administrator.
Clerk of Commission
Cover Memo
Item # 21
ORDINANCE NO. _____________________
ORDINANCE TO PROCEED WITH DEMOLITION AND REMOVAL OF THE
STRUCTURES ON PROPERTY LOCATED AT 1127 CECELIA STREET, 1129 CECELIA
STREET, 1131 CECELIA STREET, AND 227 WISE DRIVE.
TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT IS
HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS:
Section I. That the following properties have been identified by the Director of the Augusta –
Richmond County License and Inspection Department as unfit for human habitation (or unfit for
its current commercial or business use) and the cost of repair, alteration or improvement of said
properties exceeds one-half the value of property and that the said Director shall cause the
structures located on hereinafter described property to be demolished and removed as ordered by
Augusta-Richmond County Magistrate Court; and that said Director shall cause the costs of such
removal and demolition for said property be entered upon the lien docket maintained in the
office of Clerk of Augusta - Richmond County Commission and said Director shall otherwise
proceed to effectuate the purpose of O.C.G.A. SS 41-2-7 through 41-2-17 with respect to said
property, to-wit:
• 1127 CECELIA STREET, Augusta – Richmond County, Georgia, identified on Augusta-
Richmond County Tax Map 46-4 as Parcel 678.
• 1129 CECELIA STREET, Augusta – Richmond County, Georgia, identified on
Augusta-Richmond County Tax Map 46-4 as Parcel 677.
• 1131 CECELIA STREET, Augusta – Richmond County, Georgia, identified on
Augusta-Richmond County Tax Map 46-4 as Parcel 676.
• 227 WISE DRIVE, Augusta – Richmond County, Georgia, identified on
Augusta-Richmond County Tax Map 72-4 as Parcel 300.
Section II. This Ordinance shall become effective upon adoption.
Section III. That all Ordinances and parts of Ordinances in conflict herewith are hereby repealed.
Duly adopted this _________ day of ____________________, 2008
MAYOR________________________________
ATTEST:_______________________________
CLERK OF COMMISSION
Attachment number 1
Page 1 of 1
Item # 21
Commission Meeting Agenda
2/3/2009 2:00 PM
Demolition of Unsafe Structures
Department:License & Inspection
Caption:Motion to approve an Ordinance providing for the demolition of certain
unsafe and uninhabitable structures in the Turpin Hill Neighborhood: 1511
Holley Street, 1723 Morgan Street, (District 2, Super District 9); East
Augusta Neighborhood: 205 Thomson Road, (District 2, Super District 9);
Laney-Walker Neighborhood: 1131 Florence Street, (District 1, Super
District 9); South Augusta Neighborhood: 2916 Shelby Drive, 2204 Harding
Road, (District 6, Super District 10); AND WAIVE 2ND READING.
(Approved by Administrative Services Committee January 28, 2009
Background:The approval of this ordinance will provide for the demolition of certain
structures that have been determined to be dilapidated beyond repair and a
public nuisance. The owners of the above referenced properties have been
requested to correct the property maintenance violations. The violations
were not corrected. By approving this ordinance the City will have the
structures demolished, record a lien against the property in the amount of the
costs incurred, and send the property owners a bill for payment that is due
within 30 days of receipt.
Analysis:Continuing the removal of dilapidated structures will signal to the public
that neglected, unsafe and uninhabitable structures will not be allowed and
that property owners will be held responsible for their properties.
Financial Impact:The average total cost associated with the demolition of each property will
be approximately $5,200.00. This includes the title search, asbestos survey,
and demolition.
Alternatives:Allow the unsafe structures to remain and continue to have a negative
impact on the neighborhoods and City.
Recommendation:Approval
Funds are Available in
the Following
Accounts:
FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNT: Account
# 220072912 / 5212999
REVIEWED AND APPROVED BY:Cover Memo
Item # 22
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 22
ORDINANCE NO. _____________________
ORDINANCE TO PROCEED WITH DEMOLITION AND REMOVAL OF THE
STRUCTURES ON PROPERTY LOCATED AT 1511 HOLLEY STREET, 1723 MORGAN
STREET, 205 THOMSON ROAD, 1131 FLORENCE STREET, 2916 SHELBY DRIVE, AND
2204 HARDING ROAD.
TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT IS
HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS:
Section I. That the following properties have been identified by the Director of the Augusta –
Richmond County License and Inspection Department as unfit for human habitation (or unfit for
its current commercial or business use) and the cost of repair, alteration or improvement of said
properties exceeds one-half the value of property and that the said Director shall cause the
structures located on hereinafter described property to be demolished and removed as ordered by
Augusta-Richmond County Magistrate Court; and that said Director shall cause the costs of such
removal and demolition for said property be entered upon the lien docket maintained in the
office of Clerk of Augusta - Richmond County Commission and said Director shall otherwise
proceed to effectuate the purpose of O.C.G.A. SS 41-2-7 through 41-2-17 with respect to said
property, to-wit:
• 1511 HOLLEY STREET, Augusta – Richmond County, Georgia, identified on Augusta-
Richmond County Tax Map 58-2 as Parcel 226.
• 1723 MORGAN STREET, Augusta – Richmond County, Georgia, identified on
Augusta-Richmond County Tax Map 58-1 as Parcel 144.
• 205 THOMSON ROAD, Augusta – Richmond County, Georgia, identified on
Augusta-Richmond County Tax Map 87-3 as Parcel 120.
• 1131 FLORENCE STREET, Augusta – Richmond County, Georgia, identified on
Augusta-Richmond County Tax Map 59-2 as Parcel 9.
• 2916 SHELBY DRIVE, Augusta – Richmond County, Georgia, identified on
Augusta-Richmond County Tax Map 109.1 as Parcel 96.
• 2204 HARDING ROAD, Augusta – Richmond County, Georgia, identified on
Augusta-Richmond County Tax Map 110-1 as Parcel 61.
Section II. This Ordinance shall become effective upon adoption.
Attachment number 1
Page 1 of 2
Item # 22
Section III. That all Ordinances and parts of Ordinances in conflict herewith are hereby repealed.
Duly adopted this _________ day of ____________________, 2009
MAYOR________________________________
ATTEST:_______________________________
CLERK OF COMMISSION
Attachment number 1
Page 2 of 2
Item # 22
Commission Meeting Agenda
2/3/2009 2:00 PM
Demolition of Unsafe Structures
Department:License & Inspection
Caption:Motion to approve an Ordinance providing for the demolition of certain
unsafe and uninhabitable structures in the Bethlehem Neighborhood: 1440
Chestnut Street, 1545 Chestnut Street, 1535 Chestnut Street, 1455 Chestnut
Street, (District 2, Super District 9); Laney-Walker Neighborhood: 1126
Carrie Street, 913 Barnes Street, (District 1, Super District 9); Turpin Hill
Neighborhood: 2110 Martin Luther King Boulevard, (District 2, Super
District 9); Olde Town Neighborhood: 101 Ellis Street, (District 1, Super
District 9); Sand Hills Neighborhood: 536 First Avenue, (District 1, Super
District 9); AND WAIVE 2ND READING. (Approved by Administrative
Services Committee January 28, 2009)
Background:The approval of this ordinance will provide for the demolition of certain
structures that have been determined to be dilapidated beyond repair and a
public nuisance. The owners of the above referenced properties have been
requested to correct the property maintenance violations. The violations
were not corrected. By approving this ordinance the City will have the
structures demolished, record a lien against the property in the amount of the
costs incurred, and send the property owners a bill for payment that is due
within 30 days of receipt.
Analysis:Continuing the removal of dilapidated structures will signal to the public
that neglected, unsafe and uninhabitable structures will not be allowed and
that property owners will be held responsible for their properties.
Financial Impact:The average total cost associated with the demolition of each property will
be approximately $5,200.00. This includes the title search, asbestos survey,
and demolition.
Alternatives:Allow the unsafe structures to remain and continue to have a negative
impact on the neighborhoods and City.
Recommendation:Approval
Funds are Available in
the Following
Accounts:
FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNT: Account
# 101072910 / 5212999
REVIEWED AND APPROVED BY:
Cover Memo
Item # 23
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 23
ORDINANCE NO. _____________________
ORDINANCE TO PROCEED WITH DEMOLITION AND REMOVAL OF THE
STRUCTURES ON PROPERTY LOCATED AT 1440 CHESTNUT STREET, 1545
CHESTNUT STREET, 1535 CHESTNUT STREET, 1455 CHESTNUT STREET, 1126
CARRIE STREET, 913 BARNES STREET, 2110 MARTIN LUTHER KING BOULEVARD,
101 ELLIS STREET AND 536 FIRST AVENUE.
TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT IS
HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS:
Section I. That the following properties have been identified by the Director of the Augusta –
Richmond County License and Inspection Department as unfit for human habitation (or unfit for
its current commercial or business use) and the cost of repair, alteration or improvement of said
properties exceeds one-half the value of property and that the said Director shall cause the
structures located on hereinafter described property to be demolished and removed as ordered by
Augusta-Richmond County Magistrate Court; and that said Director shall cause the costs of such
removal and demolition for said property be entered upon the lien docket maintained in the
office of Clerk of Augusta - Richmond County Commission and said Director shall otherwise
proceed to effectuate the purpose of O.C.G.A. SS 41-2-7 through 41-2-17 with respect to said
property, to-wit:
• 1440 CHESTNUT STREET, Augusta – Richmond County, Georgia, identified on
Augusta-Richmond County Tax Map 59-1 as Parcel 401.
• 1545 CHESTNUT STREET, Augusta – Richmond County, Georgia, identified on
Augusta-Richmond County Tax Map 59-1 as Parcel 465.
• 1535 CHESTNUT STREET, Augusta – Richmond County, Georgia, identified on
Augusta-Richmond County Tax Map 59-1 as Parcel 468.
• 1455 CHESTNUT STREET, Augusta – Richmond County, Georgia, identified on
Augusta-Richmond County Tax Map 59-1 as Parcel 390.
• 1126 CARRIE STREET, Augusta – Richmond County, Georgia, identified on
Augusta-Richmond County Tax Map 46-4 as Parcel 665.
• 913 BARNES STREET, Augusta – Richmond County, Georgia, identified on
Augusta-Richmond County Tax Map 46-4 as Parcel 115.
• 2110 MARTIN LUTHER KING BOULEVARD, Augusta – Richmond County, Georgia,
identified on Augusta-Richmond County Tax Map 72-2 as Parcel 252.
• 101 ELLIS STREET, Augusta – Richmond County, Georgia, identified on
Augusta-Richmond County Tax Map 48-3 as Parcel 5.
Attachment number 1
Page 1 of 2
Item # 23
• 536 FIRST AVENUE, Augusta – Richmond County, Georgia, identified on
Augusta-Richmond County Tax Map 34-1 as Parcel 75.
Section II. This Ordinance shall become effective upon adoption.
Section III. That all Ordinances and parts of Ordinances in conflict herewith are hereby repealed.
Duly adopted this _________ day of ____________________, 2009
MAYOR________________________________
ATTEST:_______________________________
CLERK OF COMMISSION
Attachment number 1
Page 2 of 2
Item # 23
Commission Meeting Agenda
2/3/2009 2:00 PM
FIX 2009 QUALIFYING FEES
Department:Board of Elections
Caption:Motion to approve 2009 qualifying fees. (Approved by Administrative
Services Committee January 28, 2009)
Background:Each year, the governing authority must fix and publish the qualifying fees
for the offices appearing on the current year's ballot. The Commission fixes
the fees by vote and the Board of Elections will publish same.
Analysis:This is a requirement of State law and must be done by February 1, 2009.
Financial Impact:$20 to publish ad.
Alternatives:None
Recommendation:Approval of fees.
Funds are Available in
the Following
Accounts:
101014110/5233111
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 24
NOTICE TO THE RESIDENTS OF
AUGUSTA-RICHMOND COUNTY, GEORGIA
YOU are hereby notified that pursuant to O.C.G.A. 21-2-131 (a)(1), the
qualifying fees for the various offices appearing on the November 3, 2009 General
Municipal Election ballot have been set by the Augusta Commission as follows:
Augusta Commission: District 1 - $360.00
District 3 - $360.00
District 5 - $360.00
District 7 - $360.00
District 9 - $360.00
Marshal of the Civil Court $2,534.70
of Richmond County
Qualifying for the above listed offices will commence on Monday, August 31,
2009 at 8:30 AM and will end on Friday, September 4, 2009 at 4:30 PM. The offices of
Augusta Commissioner and Marshal of the Civil Court of Richmond County are
nonpartisan. Said offices will be elected for a three-year term that will begin on January
1, 2010. Qualifying will be conducted in the Richmond County Board of Elections,
Room 104 City-County Building, 530 Greene Street, Augusta, Georgia. The hours of
qualifying each day shall be from 8:30 AM until 4:30 PM.
This ________ day of January, 2009.
Lynn Bailey, Executive Director
Richmond County Board of Elections
Attachment number 1
Page 1 of 1
Item # 24
Attachment number 2
Page 1 of 1
Item # 24
Commission Meeting Agenda
2/3/2009 2:00 PM
ORDINANCE TO AMEND THE AUGUSTA, GA CODE TITLE ONE, SECTIONS 1-4-112 AND 1-4-114 THRU 1-4-
130 RELATING TO THE HUMAN RELATIONS COMMISSION
Department:Administrator
Caption:Motion to approve an Ordinance to amend the Augusta, Ga. Code Title
One, Sections 1-4-112 and 1-4-114 thru 1-4-130 relating to the Human
Relations Commission; to repeal all Code sections and Ordinances and parts
of Code Sections and Ordinances in conflict herewith; to provide an
effective date and for other purposes as an advisory committee and reporting
to the Administrator. (Approved by Commission January 22, 2009-
second reading)
Background:The Augusta-Richmond County budget approved for 2009 reduced the
funding available for the Human Relations Commission. This Code
amendment updates and amends the Code to bring the Human Relations
Commision into compliance with these changes.
Analysis:The proposed Code amendments incorporate the budget cuts mandated by
the 2009 budget while enabling the Human Relations Commission to
continue to serve Augusta-Richmond County in an advisory capacity.
Financial Impact:The proposed Code amemndments will bring the Human Relations
Commission into compliance with the 2009 budget.
Alternatives:Alternatives include eliminating the Human Relations Commission in its
entirety or re-evaluating 2009 funding for the Human Relations
Commission.
Recommendation:Approve these Code amendments.
Funds are Available in
the Following
Accounts:
N/A.
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 25
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Commission Meeting Agenda
2/3/2009 2:00 PM
Motion to approve recommendation for awarding Bid Item #08-209A
Department:Augusta 9-1-1 Center, Phil Wasson Director
Caption:Motion to approve recommendation for awarding Bid Item #08-
209A,Telephone/Radio 24 Hr Logging Recorder for the Augusta 9-1-1
Center.
Background:The Augusta 9-1-1 Center and the Procurement Department have concluded
the bid process for Bid Item #08-209A Telephone/Radio 24 Hr Logging
Recorder in accordance to City of Augusta policies and procedures. It has
become necessary to replace the recorder system as the current Dictaphone
Recorder will no longer be supported in 2009. The recorder
system provides immediate playback of telephone/radio traffic for the
Communication Officers as well as provides audio for Quality Control,
Internal/External Investigations and for legal purposes with the Richmond
County Court System.
Analysis:After review of the compliant bid proposals, DECA AMR Busines Products,
Inc., has met all the specified requirements of the bid documents without
taking any exceptions and is within the allocated budget. While DECA is
not the low bid the 9-1-1 Executive Staff feels the HigherGround Recorder
offered by DECA best meets the rigors and demands of the Center. The user
friendly interface, reduced steps in completing tasks and the CD security of
the HigherGround Recorder allows more users (9-1-1, S.O., Fire and Court
personnel)the ability to perform their functions more efficiently. Each
company that responded to this bid offered excellent products, however the
HighGround Recorder best fits our needs.
Financial Impact:In September 2008 the Augusta-Richmond County Commission approved
transferring funds from the 9-1-1 Fund Balance Unreserved account to the
2008 Operating Budget. A request to rollover these funds from the 2008
Budget to the 2009 Budget has been sent to the Finance Department to cover
this expenditure.
Alternatives:None at this time.
Recommendation:It is the recommendation of the 9-1-1 Executive Staff that DECA AMR
Busines Products, Inc., with a bid of $38,287.00 (equipment) and
$22,136.00 (maintenace)be awarded the bid. NOTE: The amount for
maintenance is the total cost and will cover five (5) years of operation.
Funds are Available in
the Following Funds are available per the transfer of funds approved by the Augusta-
Richmond County Commission on November 5, 2008, Item 45 in category
Cover Memo
Item # 26
Accounts:216-03-7110-53.11910
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 26
Item # 26
Item # 26
Item # 26
Attachment number 2
Page 1 of 1
Item # 26
Attachment number 3
Page 1 of 1
Item # 26
Vendors:
Four (4) Year
Maintenance Contract Bid Amount
Quality Recording Solutions
780 Kingridge Drive
Roswell, GA 33075
$34,000.00 $72,999.00
Quantum Recording Systems
1205 Woodstream Circle
Acworth, GA 30102
$9,000.00 $23,895.00
DECA Higher Ground
1337 Canton Road, Suite G
Marietta, GA 30066
$22,136.00 $38,287.00
Milner Voice & Data
4000 DeKalb Technology Pkwy Ste 340
Atlanta, GA 30340
Stancil Solutions
1335 Gateway Drive
Melbourne, FL 32901
DSS Corp
1205 Woodstream Circle
Acworth, GA 30102
Re-Bid #08-209A
Telephone/Radio 24 Hour Logging Recorder
for The City of Augusta E9-1-1 Communication Center
Re-Bid Opening Date: Wednesday, December 17, 2008 @ 3:00 p.m.
Attachment number 4
Page 1 of 1
Item # 26
Quality Recording Solutions
Attn: Alex Spencer
780 Kingridge Drive
Roswell, GA 30075
Milner Voice & Data
4000 DeKalb Technology Parkway,
Suite 340
Atlanta, GA 30340
DECA Higher Ground
1337 Canton Road, Suite G
Marietta, GA 30066
Attn: Carl Freling
Quantum Recording Systems
1205 Woodstream Circle
Acworth, GA 30102
Attn: Doug Stephens
Phil Wasson
911 Center Tameka Allen
Interim Deputy Administrator Yvonne Gentry
DBE Coordinator
Bid Item #08-209A
Telephone/Radio 24 Hour Logging Rec
For E9-1-1 Communication Center
Bid Due: Wed 12/17/08 @ 3:00 p.m.
Attachment number 5
Page 1 of 1
Item # 26
Commission Meeting Agenda
2/3/2009 2:00 PM
ORDINANCE TO AMEND CODE RELATING TO FIRE DEPARTMENT INSPECTIONS, FEE SCHEDULE AND
REFERENCES TO OTHER FIRE PREVENTION CODES
Department:Fire Department
Caption:Motion to approve an Ordinance to amend the Augusta-Richmond County
Code Title Three Sections 3-3-10, 3-3-13, 3-3-14, 3-3-18.1, 3-3-20 and 3-3-
25 relating to Fire Department inspections, fee schedule and
references to other Fire Prevention Codes; to repeal all Code sections and
ordinances and parts of Code sections and ordinances in conflict herewith;
to provide an effective date and for other purposes. (Approved by the
Commission January 22, 2009 second reading)
Background:Supreme Court caselaw relating to inspections require an update to the
inspection portion of the Augusta, GA Code. New fire codes and
publications also require updated references in the Code. The fee schedule in
the Code also needs correcting and updating.
Analysis:It is anticipated that these changes will improve the fire inspection process
as well as insure that the Code accrately references other fire codes and
publications.
Financial Impact:No finiancial liability is anticipated by this Code revision.
Alternatives:Leave the Code the same without making any revisions at this time.
Recommendation:Adopt the suggested changes to the Code.
Funds are Available in
the Following
Accounts:
N/A.
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 27
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE AUGUSTA-RICHMOND COUNTY CODE TITLE
THREE SECTIONS 3-3-10, 3-3-13, 3-3-14, 3-3-18.1, 3-3-20 AND 3-3-25 RELATING TO
FIRE DEPARTMENT INSPECTIONS, FEE SCHEDULE AND REFERENCES TO
OTHER FIRE PREVENTION CODES; TO REPEAL ALL CODE SECTIONS AND
ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN
CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER
PURPOSES.
WHEREAS, Augusta-Richmond County desires to update and amend the Code to clarify
procedures relating to fire department inspections, to modify the fee schedule for the fire
inspection bureau and to update references to other fire prevention codes and publications;
THE AUGUSTA-RICHMOND COUNTY COMMISSION, ordains as follows:
SECTION 1. Augusta-Richmond-County Code Sections 3-3-10, 3-3-13, 3-3-14, 3-3-18.1, 3-3-
20 and 3-3-25 as set forth in the Augusta-Richmond County Code, re adopted July 10, 2007, is
hereby amended by striking each of these section in their entirety and inserting in lieu thereof a
new Code Sections 3-3-10, 3-3-13, 3-3-14, 3-3-18.1, 3-3-20 and 3-3-25 restated as set forth in
³([KLELW$´KHUHWR
SECTION 2. This ordinance shall become effective upon its adoption in accordance with
applicable laws.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Adopted this _____ day of January, 2009.
___________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1
Page 1 of 11
Item # 27
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission on
_________________, 2009 and that such Ordinance has not been modified or rescinded as of the
date hereof and the undersigned further certifies that attached hereto is a true copy of the
Ordinance which was approved and adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
Attachment number 1
Page 2 of 11
Item # 27
Exhibit A
Section 3-3-10. Inspections-authority to enter buildings or premises.
The chief of the fire department, the chief of the fire prevention bureau or any inspector may, at
all reasonable hours, enter any building or premises within his jurisdiction for the purpose of
making any inspection or investigation which, under the provisions of this chapter, he may deem
necessary to be made.
Section 3-3-10. Inspections-authority to enter buildings or premises.
The chief of the fire department, the chief of the fire prevention bureau or any fire inspector or
firefighter may, at anytime, with the permission of the owner or occupant or a properly executed
warrant, enter any building or premises within Augusta-Richmond County, for the purpose of
making any inspection or investigation which, under the provisions of this chapter, he or she may
deem necessary to be made.
Section 3-3-13. Inspection- Periodic inspections; correction of improper conditions.
It shall be the duty of the chief of the fire department to inspect, or cause to be inspected by the
bureau of fire prevention, or by fire department officers and members, as often as may be
necessary, all buildings and premises, except the interior of private dwellings, for the purpose of
ascertaining and causing to be corrected any conditions liable to cause fire, or any violations of
the provisions or intent of this chapter, or of the Augusta-Richmond County code, or any other
ordinance of Augusta-Richmond County affecting the fire hazard. Whenever any inspector shall
find in any building or upon any premises combustible or explosive matter, or dangerous
accumulations of rubbish or unnecessary accumulation of waste paper, boxes, shavings or any
highly flammable materials, which is so situated as to endanger property, or shall find
obstructions to or on fire escapes, stairs, passageways, doors or windows, liable to interfere with
the operations of the fire department or egress of occupants in case of fire, he shall order the
same to be removed or remedied.
Section 3-3-13. Inspection- Periodic inspections; correction of improper conditions.
In accordance with Section 3-3-10 of this Code, it shall be the duty of the chief of the fire
department to inspect, or cause to be inspected by the bureau of fire prevention, or by fire
department officers and members, as often as may be necessary, all buildings and premises, for
the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or any
violations of the provisions or intent of this chapter, or of the Augusta-Richmond County Code,
or any other ordinance of Augusta-Richmond County affecting fire hazards. Unless exigent
circumstances exist, such officers shall obtain a properly executed warrant or permission from
the owners or occupants of any building or other structure before entering such premises.
Whenever any inspector shall find in any building or upon any premises combustible or
explosive matter, or dangerous accumulations of rubbish or unnecessary accumulation of waste
paper, boxes, shavings or any highly flammable materials, which is so situated as to endanger
property, or shall find obstructions to or on fire escapes, stairs, passageways, doors or windows,
liable to interfere with the operations of the fire department or egress of occupants in case of fire,
he or she shall order the same to be removed or remedied.
Attachment number 1
Page 3 of 11
Item # 27
Section 3-3-14. Inspections- Upon complaint; remedy or removal of dangerous conditions.
The chief of the fire department, the chief of the bureau of fire prevention or an inspector, upon
the complaint of any person, or wherever he shall deem necessary, shall inspect all buildings and
premises within his jurisdiction. Whenever any of such officers shall find any building or other
structure which, for want of repairs, lack of sufficient fire escapes, automatic or other fire alarm
apparatus or fire extinguishing equipment or by reason of age or dilapidated condition, or from
any other cause, is especially liable to fire, and which is so situated as to endanger other property
or the occupants thereof, and whenever such officer shall find in any building combustible or
explosive matter or flammable conditions dangerous to the safety of such building or the
occupants thereof, he shall order such dangerous conditions or materials to be removed or
remedied.
Section 3-3-14. Inspections- Upon complaint; remedy or removal of dangerous conditions.
In accordance with Section 3-3-10 of this Code, the chief of the fire department, the chief of the
bureau of fire prevention, a fire inspector or any firefighter, upon the complaint of any person,
shall inspect all buildings and premises within Augusta-Richmond County. Unless exigent
circumstances exist, such officers shall obtain a properly executed warrant or permission from
the owners or occupants of any building or other structure before entering such premises.
Whenever any such officer shall find any building or other structure which, for want of repairs,
lack of sufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing
equipment or by reason of age or dilapidated condition, or from any other cause, is especially
liable to fire, and which is so situated as to endanger other property or the occupants thereof, and
whenever such officer shall find in any building combustible or explosive matter or flammable
conditions dangerous to the safety of such building or the occupants thereof, he or she shall order
such dangerous conditions or materials to be removed or remedied.
Section 3-3-18.1. Fee Schedule.
The fee schedule for the Fire Inspection Bureau is as follows:
Certificate of $150.00
Occupancy (CO)
Construction Permit:
Under 10,000 sq. ft . $150.00
Over 10,000 sq. ft. $150.00 + .040 per sq. ft
Annual Inspection and -0
First Re-Inspection
Second Re-Inspection $100.00
Third Re- Inspection $150.00
and each Follow-Up
Day Care Provider
Class
Five hour class $30.00
One-and- a- half hour $15.00
Attachment number 1
Page 4 of 11
Item # 27
class
(Ord. No. 6222, § 1, 12-7-99)
Section 3-3-18.1. Fee Schedule.
The fee schedule for the Fire Inspection Bureau is as follows:
Certificate of
Occupancy (CO)
Construction Permit:
Under 10,000 sq. ft. $150.00
Over 10,000 sq. ft. $150.00 + .050 per sq. ft. over 10,000
(example: 25,000 sq. ft.= $900.00)
Initial Annual Inspection $0
First Re-Inspection $0
Second Re-Inspection $25.00
Third Re-Inspection $25.00
Each Follow-Up $25.00
Day Care Provider
Class:
Five hour class $30.00
Two hour class $15.00
Section 3-3-20. Adoption by reference; where filed.
7KH1DWLRQDO)LUH3URWHFWLRQ$VVRFLDWLRQ¶V/LIH6DIHW\&RGH HGLWLRQWKH*HRUJLD6WDWH
Minimum Standard Fire Prevention Code, 1994 edition, as published by the Southern Building
Code Congress International, and as may be amended by the State of Georgia and/or Augusta-
Richmond County, and the standards, recommended practices, guides and methods as published
in the 1992 National Fire Codes, as may from time to time be modified or amended, are hereby
adopted and shall be controlling within Augusta-Richmond County for the purpose of
prescribing regulations governing conditions hazardous to life and property from fire or
explosion, copies of said codes and all amendments thereto being on file in the office of the
Clerk of the Commission , and available to the public any time during regular office hours of the
Clerk.
Section 3-3-20. Adoption by reference; where filed.
Augusta-Richmond County hereby adopts other codes, standards and practices as follows: All
parts of the most recent edition of the 1DWLRQDO)LUH3URWHFWLRQ$VVRFLDWLRQ¶V/LIH Safety Code
which have been approved by the State of Georgia; the Georgia State Minimum Standard Fire
Prevention Code, 2007 edition, as published by International Building Code, and as may be
amended by the State of Georgia and/or Augusta-Richmond County; and the standards,
recommended practices, guides and methods as published in the most recent edition of the
International Fire Code, as may from time to time be modified or amended. The International
Fire Code shall be controlling within Augusta-Richmond County for the purpose of prescribing
regulations governing conditions hazardous to life and property from fire or explosion. Copies
of said codes and all amendments thereto should be on file in the office of the Clerk of the
Attachment number 1
Page 5 of 11
Item # 27
Commission and should be made available to the public any time during regular office hours of
the Clerk.
Section 3-3-25. Special hazard buildings and structures.
(a) Certain buildings and structures may, because of construction or use, constitute a special
hazard to property or to life and safety of persons on account of fire or panic caused by a fear of
fire. Buildings constructed or used in the following manner present such a fire hazard:
(1) Buildings or structures three (3) stories or more in height; however, nothing herein shall
apply to any individually owned residential unit within any such building;
(2) Any building three (3) or more stories in height and used as a residence by three (3) or
more families, with individual cooking and bathroom facilities; provided, however,
nothing herein shall apply to any individually owned residential unit within such
building;
(3) Any building in which there is more than fifteen (15) sleeping accommodations for hire,
with or without meals but without individual cooking facilities, whether designated as a
hotel, motel, inn, club, dormitory, rooming or boardinghouse, or by any other name;
(4) Any building or group of buildings which contains schools and academies for any
combination of grades 1 through 12 having more than fifteen (15) children or students in
attendance at any given time and all state-funded kindergarten programs; (5) Hospitals,
health care centers, mental health institutions, orphanages, nursing homes, convalescent
homes, old-age homes, jails, prisons, and reformatories, and all administrative, public
assembly, and academic buildings of colleges, universities, and vocational-technical
schools. As used in this paragraph, nursing homes, convalescent homes and old-age
homes shall mean any building used for the lodging, personal care, or nursing care on a
twenty-four hour basis of four (4) or more invalids, convalescents or elderly persons who
are not members of the same family;
(6) Racetracks, stadiums and grandstands;
(7) Theaters, auditoriums, restaurants, bars, lounges, nightclubs, dance halls, recreation halls,
and other places of assembly having an occupant load of three hundred (300) or more
persons, except that the occupant load shall be 100 or more persons in those buildings
where alcoholic beverages are served;
(8) Churches having an occupant load of 500 or more persons in a common area or having an
occupant load greater than 1,000 persons based on total occupant load of the building or
structure;
(9) Department stores and retail mercantile establishments having a gross floor area of fifteen
thousand (15,000) square feet on any one (1) floor or having three (3) or more floors that
are open to the public. For purposes of this paragraph, shopping centers and malls shall
be assessed upon the basis of the entire area covered by the same roof or sharing common
walls; provided, however, that nothing contained herein shall apply to single-story malls
or shopping centers subdivided into areas of less than fifteen thousand (15,000) square
feet by a wall or walls with a two-hour fire resistance rating and where there are
unobstructed exit doors in the front and rear of every such individual occupancy which
open directly to the outside;
(10) Group day-care homes and group daycare centers required to be licensed or
commissioned as such by the Georgia Department of Human Resources and in which at
least seven (7) children receive care. As used in this subparagraph a group day care home
means a day-care facility subject to licensure by the Georgia Department of Human
Attachment number 1
Page 6 of 11
Item # 27
Resources where at least seven (7) but not more than twelve (12) children receive care,
and a group day care center means a day-care facility subject to licensure or issuance of a
commission by the Georgia Department of Human Resources where more than twelve
(12) children receive care. Fire safety standards adopted by rules of the Georgia Fire
Safety Commissioner pursuant to O.C.G.A. § 25-2-4 which are applicable to group day-
care homes and daycare centers shall not require staff-to child ratios;
(11) Personal care homes required to be licensed as such by the Georgia Department of
Human Resources and having at least seven (7) beds for nonfamily adults. The Georgia
Fire Safety Commissioner shall, pursuant to O.C.G.A. § 25-2-4, by rule adopt state
minimum fire safety standards for those homes, and say structure constructed as or
converted to a personal care home on or after April 15, 1986, shall be deemed to be a
proposed building pursuant to O.C.G.A. § 25-2-14(d) and that structure may be required
to be furnished with a sprinkler system meeting the standards established by the Georgia
Fire Safety Commissioner if the chief of the fire department, or his duly authorized
representative, deems this necessary for proper fire safety.
(b) Any building or structure which is used exclusively for agricultural purposes, or which has
been designated historic property or which is located within a designated historic district
pursuant to the Georgia Historic Preservation Act approved April 8, 1980 (Ga. Laws 1980, p.
1723), as now or hereafter amended, shall be exempt from the above classification.
(c) Landmark museum buildings, whose designations are recognized by ordinances of Augusta-
Richmond County, shall be governed by the provisions of O.C.G.A. § 25-2-13(b)(3) and the
provisions of subparagraphs (B) and (C) of O.C.G.A. §25-2-13(b)(3) are by reference
incorporated herein as fully as if set forth verbatim herein.
(d) Capacity as used in this section shall mean the maximum number of persons who may be
reasonably expected to be present in any building or on any floor thereof at a given time
according to the use which is made of such building. The bureau of fire prevention shall
determine and by rule declare the formula for determining capacity for each of the uses herein.
(e) Plans and specifications for all proposed buildings which come under classification in section
3-3-25 shall be submitted to and receive approval by the bureau of fire prevention before any
state or Augusta-Richmond County building permit may be issued or construction started. All
such plans and specifications submitted for review as required herein shall be accompanied by a
one hundred dollar ($100.00) fee for buildings or structures less than or equal to ten thousand
(10,000) square feet gross area and a fee of one and one-half cents ($0.015) per square foot for
buildings or structures more than ten thousand (10,000) square feet gross area, and shall bear the
seal and Georgia registration number of the drafting architect or engineer or otherwise have the
approval of the bureau of fire prevention. A complete set of approval plans and specifications
shall be maintained on the construction-site, and construction shall proceed in compliance with
the minimum fire safety standards under which such plans and specifications were approved. The
owner of any such building or structure, or his authorized representative, shall notify the bureau
of fire prevention upon completion of approximately eighty (80) percent of the construction
thereof and shall apply for a certificate of occupancy when construction of such building or
structure is complete.
(f) Every building or structure which comes under classification in section 3-3-25 shall have a
certificate of occupancy issued by the bureau of fire prevention before such building or structure
Attachment number 1
Page 7 of 11
Item # 27
may be occupied. Such certificate of occupancy shall be issued for each class of occupancy
within the building, shall carry a flat rate of one hundred dollars ($100.00), shall state the
occupant load, shall be kept on file within each business establishment where issued or on file
with the building owner, shall be posted in a prominent location within such business establish
mentor building, and shall run for the life of the building except as provided in subsection (1)
herein.
(1) Every certificate of occupancy required in subsection (e) shall run for the life of the
building; provided the internal or external features of the building are not materially
altered, the type of occupancy remains unchanged or there has been no fire or serious
consequences, or other hazard discovered and not transferrable.
(2) For purpose of this section, any existing building or structure listed in subsection (a) of
this section shall be deemed to be a proposed building in the event such building or
structure is subject to substantial renovation, a fire or other hazard of serious
consequence, or a change in the classification of occupancy. For purpose of this section,
substantial renovation shall mean any construction project involving exits or internal
features of such building or structure costing more than the building's or structure's
assessed value according to county tax records at the time of such renovation.
(3) In existing buildings set up under section 3-3-25 when substandard conditions are found,
a temporary occupancy permit may be issued, such permit carrying a time adjusted to
meet the amount of time deemed necessary to make the proper corrections in order to
bring the building up to standard. A fee of fifty dollars ($50.00) shall be required for each
temporary certificate of occupancy.
(4) All federal, state, or local publicly-owned buildings covered by this section are exempt
from any fee or license which may be herein specified. Such fees or licenses may be
waived where chargeable to churches and charitable organizations.
Section 3-3-25. Special hazard buildings and structures.
(a) Certain buildings and structures may, because of construction or use, constitute a special
hazard to property or to life and safety of persons on account of fire or panic caused by a fear of
fire. Buildings constructed or used in the following manner present such a fire hazard:
(1) Buildings or structures three (3) stories or more in height; however, nothing herein shall
apply to any individually owned residential unit within any such building;
(2) Any building three (3) or more stories in height and used as a residence by three (3) or
more families, with individual cooking and bathroom facilities; provided, however,
nothing herein shall apply to any individually owned residential unit within such
building;
(3) Any building in which there is more than fifteen (15) sleeping accommodations for hire,
with or without meals but without individual cooking facilities, whether designated as a
hotel, motel, inn, club, dormitory, rooming or boardinghouse, or by any other name;
(4) Any building or group of buildings which contains schools and academies for any
combination of grades 1 through 12 having more than fifteen (15) children or students in
attendance at any given time and all state-funded kindergarten programs;
(5) Hospitals, health care centers, mental health institutions, orphanages, nursing homes,
convalescent homes, old-age homes, jails, prisons, and reformatories, and all
administrative, public assembly, and academic buildings of colleges, universities, and
vocational-technical schools. As used in this paragraph, nursing homes, convalescent
Attachment number 1
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Item # 27
homes and old-age homes shall mean any building used for the lodging, personal care, or
nursing care on a twenty-four hour basis of four (4) or more invalids, convalescents or
elderly persons who are not members of the same family;
(6) Racetracks, stadiums and grandstands;
(7) Theaters, auditoriums, restaurants, bars, lounges, nightclubs, dance halls, recreation halls,
and other places of assembly having an occupant load of three-hundred (300) or more
persons, except that the occupant load shall be one-hundred (100) or more persons in
those buildings where alcoholic beverages are served.
(8) Churches having an occupant load of five-hundred (500) or more persons in a common
area or having an occupant load greater than one-thousand (1,000) persons based on total
occupant load of the building or structure;
(9) Department stores and retail mercantile establishments having a gross floor area of fifteen
thousand (15,000) square feet on any one (1) floor or having three (3) or more floors that
are open to the public. For purposes of this paragraph, shopping centers and malls shall
be assessed upon the basis of the entire area covered by the same roof or sharing common
walls; provided, however, that nothing contained herein shall apply to single-story malls
or shopping centers subdivided into areas of less than fifteen thousand (15,000) square
feet by a wall or walls with a two-hour fire resistance rating and where there are
unobstructed exit doors in the front and rear of every such individual occupancy which
open directly to the outside;
(10) Group day-care homes and group daycare centers required to be licensed or
commissioned as such by the Georgia Department of Human Resources and in which at
least seven (7) children receive care. As used in this subparagraph, a group day care
home means a day-care facility subject to licensure by the Georgia Department of Human
Resources where at least seven (7), but not more than twelve (12), children receive care,
and a group day care center means a day-care facility subject to licensure or issuance of a
commission by the Georgia Department of Human Resources where more than twelve
(12) children receive care. Fire safety standards adopted by rules of the Georgia Fire
Safety Commissioner pursuant to O.C.G.A. § 25-2-4, which are applicable to group day-
care homes and daycare centers, shall not require staff-to-child ratios;
(11) Personal care homes required to be licensed as such by the Georgia Department of
Human Resources and having at least seven (7) beds for nonfamily adults. The Georgia
Fire Safety Commissioner shall, pursuant to O.C.G.A. § 25-2-4, by rule adopt state
minimum fire safety standards for those homes, and any structure constructed as or
converted to a personal care home on or after April 15, 1986, shall be deemed to be a
proposed building pursuant to O.C.G.A. § 25-2-14(d) and that structure may be required
to be furnished with a sprinkler system meeting the standards established by the Georgia
Fire Safety Commissioner, if the chief of the fire department, or his/her duly authorized
representative, deems this necessary for proper fire safety.
(b) Any building or structure which is used exclusively for agricultural purposes, or which has
been designated historic property or which is located within a designated historic district
pursuant to the Georgia Historic Preservation Act approved April 8, 1980 (Ga. Laws 1980, p.
1723), as now or hereafter amended, shall be exempt from the classification of subsection (a)
above.
(c) Landmark museum buildings, whose designations are recognized by ordinances of Augusta-
Richmond County, shall be governed by the provisions of O.C.G.A. § 25-2-13(b)(3) and the
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provisions of subparagraphs (B) and (C) of O.C.G.A. § 25-2-13(b)(3) are by reference
incorporated herein as fully as if set forth verbatim herein.
(d) Capacity as used in this section shall mean the maximum number of persons who may be
reasonably expected to be present in any building or on any floor thereof at a given time
according to the use which is made of such building. The bureau of fire prevention shall
determine and by rule declare the formula for determining capacity for each of the uses herein.
(e) Plans and specifications for all proposed buildings which come under classification in section
3-3-25 shall be submitted to and receive approval by the bureau of fire prevention before any
state or Augusta-Richmond County building permit may be issued or construction started. All
such plans and specifications submitted for review as required herein shall be accompanied by a
one hundred-fifty dollar ($150.00) fee for buildings or structures less than or equal to ten
thousand (10,000) square feet gross area. For buildings or structures more than ten thousand
(10,000) square feet gross area, all such plans and specifications submitted for review shall be
accompanied by a one hundred-fifty dollar ($150.00) fee and a fee of five cents ($0.05) per
square foot for each square foot exceeding ten thousand (10,000) square feet gross area. All such
plans and specifications submitted for review shall bear the seal and Georgia registration number
of the drafting architect or engineer or otherwise have the approval of the bureau of fire
prevention. A complete set of approval plans and specifications shall be maintained on the
construction-site, and construction shall proceed in compliance with the minimum fire safety
standards under which such plans and specifications were approved. The owner of any such
building or structure, or his or her authorized representative, shall notify the bureau of fire
prevention upon completion of approximately eighty (80) percent of the construction thereof and
shall apply for a certificate of occupancy when construction of such building or structure is
complete.
(f) Every building or structure which comes under classification in section 3-3-25 shall have a
certificate of occupancy issued by the bureau of fire prevention before such building or structure
may be occupied. Such certificate of occupancy shall be issued for each class of occupancy
within the building; shall carry a flat rate of one hundred-fifty dollars ($150.00); shall state the
occupant load; shall be kept on file within each business establishment where issued or on file
with the building owner; shall be posted in a prominent location within such business establish
mentor building; and shall run for the life of the building except as provided in subsection (1)
herein.
(1) Every certificate of occupancy required in subsection (e) shall run for the life of the
building, provided the internal or external features of the building are not materially
altered, the type of occupancy remains unchanged, there has been no fire or serious
consequences, or other hazard discovered which is not transferrable.
(2) For purpose of this section, any existing building or structure listed in subsection (a) of
this section shall be deemed to be a proposed building in the event such building or
structure is subject to substantial renovation, a fire or other hazard of serious
consequence, or a change in the classification of occupancy. For purposes of this section,
substantial renovation shall mean any construction project involving exits or internal
features of such building or structure costing more than the building's or structure's
assessed value according to county tax records at the time of such renovation.
(3) All federal, state, or local publicly-owned buildings covered by this section are exempt
from any fee or license which may be herein specified. Such fees or licenses may be
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waived by the Augusta-Richmond County Commission where chargeable to churches and
charitable organizations.
(g) Assembly occupancies having occupant loads of one-hundred (100) or more shall be
provided with a minimum of one trained crowd manager or crowd manager supervisor. Every
crowd manager and crowd supervisor shall receive approved training in crowd management
techniques. Where the occupant load exceeds two-hundred-fifty (250), additional trained crowd
managers or crowd manager supervisors shall be provided at a ratio of 1:250, crowd
manager/supervisor to occupants, respectively, unless otherwise permitted by the following:
(1) This requirement shall not apply to assembly occupancies used exclusively for religious
worship with an occupant load not exceeding two-thousand (2000) persons.
(2) With the exception of assembly occupancies noted above where alcoholic beverages are
consumed, the ratio of trained crowd managers to occupants shall be permitted to be
reduced where, in the opinion of the Augusta-Richmond County fire chief, the existence
of an approved supervised sprinkler system and the nature of the event warrant.
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Commission Meeting Agenda
2/3/2009 2:00 PM
ORDINANCE TO AMEND THE CODE TO CREATE REGULATIONS FOR FALSE ALARMS
Department:911
Caption:Motion to approve an Ordinance to amend the Augusta-Richmond County
Code Title Three - Public Safety, to create a new Chapter Two, to be called
"Chapter Two False Alarms"; to create a system of governance for alarm
systems intended to summon a public safety response; to establish fees;
to provide for penalties for violations; to establish a system of
administration for alarm systems; to set conditions for suspensions; to repeal
all code sections and ordinances and parts of Code sections and
ordinances in conflict herewith; to provide an effective date and for other
purposes. (Approved by the Commission January 22, 2009- second
reading)
Background:These regulations are intended to encourage alarm users to properly use and
maintain alarm systems and to reduce or eliminate false alarms that may
unduly divert Public Safety resources.
Analysis:It is anticipated that these regulations will improve public safety services to
the citizens of Augusta-Richmond County and reduce public safety
resources spent responding to false alarms.
Financial Impact:No negative financial impact is anticipated.
Alternatives:Decline to pass this Ordinance.
Recommendation:Pass this Ordiniance.
Funds are Available in
the Following
Accounts:
N/A.
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 28
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE AUGUSTA-RICHMOND COUNTY CODE TITLE
THREE- PUBLIC SAFETY, TO CREATE A NEW CHAPTER TWO, TO BE CALLED
³CHAPTER TWO )$/6( $/$506´ TO CREATE A SYSTEM OF GOVERANCE
FOR ALARM SYSTEMS INTENDED TO SUMMON A PUBLIC SAFETY RESPONSE;
TO ESTABLISH FEES; TO PROVIDE FOR PENALTIES FOR VIOLATIONS; TO
ESTABLISH A SYSTEM OF ADMINISTRATION FOR ALARM SYSTEMS; TO SET
CONDITIONS FOR SUSPENSION; TO REPEAL ALL CODE SECTIONS AND
ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN
CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER
PURPOSES.
WHEREAS, Augusta-Richmond County desires to encourage alarm users to properly use and
maintain alarm systems and to reduce or eliminate false alarms that may unduly divert Public
Safety resources.
WHEREAS, based on the foregoing, the Augusta-Richmond County Commission, recommends
adopting a system of governance for alarm systems intended to summon a public safety
response;
THE AUGUSTA-RICHMOND COUNTY COMMISSION, ordains as follows:
TITLE III- PUBLIC SAFETY, CHAPTER TWO. Augusta-Richmond-County Code Title
III- Public Safety, Chapter Two, as set forth in the Augusta-Richmond County Code, re adopted
July 10, 2007, is hereby amended by striking this Chapter reference in its entirety and inserting
in lieu thereof a new Chapter Two, called ³&KDSWHU7ZR)DOVH$ODUPV´DVVHWIRUWKLQ³([KLELW
$´KHUHWR
SECTION 2. This ordinance shall become effective upon its adoption in accordance with
applicable laws.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Adopted this ___ day of January, 2009.
___________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1
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Item # 28
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission on
_________________, 2009 and that such Ordinance has not been modified or rescinded as of the
date hereof and the undersigned further certifies that attached hereto is a true copy of the
Ordinance which was approved and adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
Attachment number 1
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Item # 28
Exhibit A
Attachment number 1
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Item # 28
Title III PUBLIC SAFETY
Chapter 2 FIREARMS RESERVED
Chapter 2 FALSE ALARMS
Sec. 3-2-1. Purpose.
To encourage alarm users to properly use and maintain alarm systems and to reduce or eliminate
false alarms that may unduly divert Public Safety resources. This section governs systems
intended to summon a Public Safety response, establishes fees, provides for penalties for
violations, establishes a system of administration, and sets conditions for suspension.
Sec. 3-2-2. Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings
ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
(a) Alarm Administrator means the Director of 9-1-1.
(b) Alarm systems business means a person or business subject to the licensing requirements of
Augusta-Richmond County and engaged in selling, leasing, installing, servicing or
monitoring alarm systems within the Augusta-Richmond County, Georgia.
(c) Alarm user means any owner, tenant or other person or entity that uses or is in control of an
alarm system within Augusta-Richmond County, Georgia.
(d) Alarm site means the geographical location of a specific alarm system.
(e) Alarm system means any assembly of equipment, mechanical or electrical, device or series of
devices, including, but not limited, to systems interconnected with a radio frequency method
such as cellular or private radio signals, which emit or transmit a remote or local audible,
visual or electronic signal indicating an alarm condition and intended to discourage crime
and summon a Public Safety response.
(f) Automatic dialing device means an alarm system which automatically sends, via telephone, a
pre-recorded voice message or coded signal indicating the existence of an emergency
situation.
(g) Augusta means the Augusta-Richmond County consolidated government or its agents.
(h) Commercial premises means any structure or area which is not defined in this section as a
governmental or residential premise.
(i) County means Richmond County, Georgia, or its agent.
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(j) Deactivated alarm means an alarm system that has the primary and secondary power and the
telephone line disconnected at the alarm control panel.
(k) False alarm means the activation of an alarm system for any reason other than a bona fide
request for Public Safety assistance. A false alarm for this section does not include:
(1)
(2) An alarm caused by physical damage to the alarm system as a result of lightning,
wind, or other meteorological event, where there is clear evidence of physical damage
to the alarm system; or
(3) An alarm caused by disconnection of a telephone circuit beyond the control of the
DODUPXVHURUWKHDODUPXVHU¶VDJHQWYHULILHGE\ZULWWHQFRPPXQLFDWLRQIURPWKH
telephone company; or
(4) An alarm caused by continuous electrical power disruption in excess of four hours.
(l)
(m) Governmental premises mean a structure or area operated by a government entity not
including premises leased to non-governmental entities.
(n) Permit year means a calendar year from January to December.
(o) Public Safety Responder means the sheriff, police, fire or EMS services for Augusta,
Richmond County, Georgia.
(p) Residential premises mean any structure serving as a home, residence, or sleeping place by
one person or by two or more persons who maintain a common household consistent with the
provisions of the Zoning Ordinance for Augusta, Richmond County, Georgia.
Sec. 3-2-3. Alarm systems.
Every Alarm System Business shall register annually with Augusta-Richmond County. Each
registration shall provide the following information:
(a) Name, street address and telephone number of the Alarm Systems Business.
(b) The Alarm Systems Business license number issued by the State of Georgia.
Sec. 3-2-4. Restrictions.
Automatic dialing devices prohibited. No alarm user shall operate an alarm system equipped
with an automatic dialing device programmed to connect directly to the 9-1-1 Center either via
9-1-1 or any administrative lines of the 9-1-1 Center. Alarm users using an automatic dialing
device dialing device programmed to connect directly to 9-1-1 Center shall be determined to be
operating a non-permitted alarm system. Such use shall be a violation of this section.
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Sec. 3-2-5. Penalties for false alarms.
Responsibility for false alarms shall be borne by the alarm user. The following
penalties shall be required for each false alarm per alarm system within one permit year:
(1) First and second false alarms there is no penalty;
(2) The third false alarm will result in written notification that the next false alarm
will result in a penalty;
(3) The fourth and fifth false alarms: $25.00 each;
(4) The sixth and seventh false alarms: $50.00 each;
(5) The eighth and above false alarms: $100.00 each;
(b) For any violation of the provisions of this section other than a false alarm, a violator shall be
subject to a penalty in the amount of $50.00.
(c) Augusta-Richmond County may offer an alarm awareness class to alarm users. Alarm users
may attend the class, if available, in lieu of paying one civil penalty per calendar year.
(d) After responding to an alarm and determining that the alarm was false, the public safety
responder shall leave written notice at the alarm site that there was a false alarm. The notice
shall include the identity of the responder and time of response.
(e) The alarm user shall not be liable for a false alarm that occurs at an alarm site for which the
alarm user has previously given a written disconnection notice to the alarm systems business
or monitoring service.
(f) Payment of penalties: Penalties shall be paid within 30 days from the date of the notification.
Violators shall be issued a written invoice which must be paid within 30 days of the
notification date. If not paid within the 30-day period, then an additional twentyfive dollars
($25.00) delinquency charge shall be assessed for each 30-day period thereafter until paid in
full.
(g) The Alarm Administrator is herby authorized by the Augusta-Richmond County Commission
to enforce the false alarm ordinance and may issue notifications and invoices for violations of
this chapter.
(h) The General Counsel of Augusta-Richmond County, or designee, is authorized to file suit on
behalf of the Augusta-Richmond County to collect any unpaid citations and any delinquency
charge, and the Alarm Administrator, or official designee, is authorized to verify and sign
complaints on behalf of Augusta-Richmond County in such suits. If litigation is required to
recover the penalties and delinquency charges, the General Counsel or designee, in addition
to the penalties and delinquency charges, PD\UHFRYHUUHDVRQDEOHDWWRUQH\V¶IHHVDQGRWKHU
costs incurred in bringing the action and collecting the judgment.
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(i) Equitable remedy: Augusta-Richmond County may enforce the provisions of this section by
applying to a court of competent jurisdiction for an injunction, abatement order or any other
appropriate equitable remedy.
Sec. 3-2-6. No public duty:
The permitting of an alarm system is not intended to, nor will it create a contract, duty or
obligation, either expressed or implied, of response. Any and all liability and consequential
damage resulting from the failure to respond to a notification is hereby disclaimed and
governmental immunity, as provided by law, is retained. By registering the alarm system, the
alarm user acknowledges any response may be based on factors such as availability of Public
Safety units, priority of calls, weather conditions, traffic conditions, emergency conditions, and
staffing levels.
Sec. 3-2-7. Repeal of conflicting provisions.
All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of
such conflict.
Sec. 3-2-8. Severability of provision:
Any part or provision of this ordinance found by a court of competent jurisdiction to be in
violation of the Constitution or laws of the United States or the State of Georgia is hereby
deemed severable and shall not affect the validity of the remaining provisions of the ordinance.
Attachment number 1
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Item # 28
Commission Meeting Agenda
2/3/2009 2:00 PM
2009 RCSO Fleet Replacements
Department:Finance Department, Fleet Management
Caption:Motion to approve $345,808 for the purchase of Sheriff's Office for the
replacement of public safety vehicles from the 2009 Capital Outlay.
(Approved by Finance Committee Janaury 27, 2009)
Background:Consistent with the provisions of the Fleet Replacement Policy approved in
April 2004, 139 eligible pursuit vehicles and 9 motorcycles of the Road
Patrol and 107 vehicles of the 6 other Divisions (of the Sheriff’s Office)
were reviewed for replacement. Individual assessments were completed on
all vehicles in accordance with the Replacement Policy. Results of the
evaluations are discussed below. The Road Patrol has 264 total vehicles, of
those 139 are over 5 years old (see detailed sheet attached), 97 vehicles have
over 90,000 miles (39 of these with over 120,000 miles). The 6 other
Divisions of the Sheriff’s Office (see attachment) have 80 vehicles over 8
years old, of which 39 have over 120,000 miles. The Administrator has
established a replacement limit based on the availability of the Capital
Outlay. $345,808 is available for public safety vehicle replacement for
2009.
Analysis:Bids received back from the competitive bid process through the
Procurement Department resulted in significant increases in cost per vehicle
for all types of vehicles used in a public safety capacity. The increase in cost
between 2008 and 2009 is from 7% to 12 percent depending on the type of
vehicle requested.
Financial Impact:The Sheriff’s Office will utilize the GMA lease program and incur a three
year obligation of $307,608.00- each year,( automobile replacements) and
an additional $38,200 will be utilized for straight purchase (2-Motorcycles).
Alternatives:1. Approve the recommendation as stated. 2. Approve the recommendation
in part 3. Disapprove the recommendation..
Recommendation:Approve $345,808 for the Purchase of Sheriff’s Office public safety
vehicles for 2009 from Capital Outlay funds.
Funds are Available in
the Following
Accounts:
2009 Capital Outlay - 631-00-0000/11.19114
Cover Memo
Item # 29
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 29
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Commission Meeting Agenda
2/3/2009 2:00 PM
Augusta CT Properties LLC
Department:Clerk of Commission
Caption:Motion to accept the recommendation of the Tax Assessor for an abatement
of of taxes and to recalculate the interest and penalty based on the reassessed
value relative to a request from Augusta CT Properties LLCon regarding
property located at 1814 Fayetteville Drive. (Approved by Finance
Committee January 27, 2009)
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
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Commission Meeting Agenda
2/3/2009 2:00 PM
January 26, 2009 Refund Request from Board of Assessors
Department:Board of Assessors - Charles F. Smith, Chairman and Calvin Hicks, Chief
Appraiser
Caption:Motion to approve refund recommendation from the Board of Assessors for
one account Pyramid Records & Gifts. (Approved by Finance Committee
January 27, 2009)
Background:See attachment.
Analysis:See attachment.
Financial Impact:See attachment.
Alternatives:
Recommendation:See attachment.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 31
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Commission Meeting Agenda
2/3/2009 2:00 PM
Lucy Craft Laney Heritage Gala
Department:Clerk of Commission
Caption:Motion to approve a request from the Lucy Craft Laney Museum of Black
History for city sponsorship through the purchase of tickets for the Annual
Lucy Craft Laney Heritage Gala. (Approved by Finance Committee
January 27, 2009)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 32
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Commission Meeting Agenda
2/3/2009 2:00 PM
Mamie Thomas
Department:Clerk of Commission
Caption:Motion to deny a request from Ms. Mamie Thomas for an abatement of
taxes based upon a disabled homestead exemption. (Appproved by Finance
Committee January 27, 2009)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 33
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Commission Meeting Agenda
2/3/2009 2:00 PM
Medicom
Department:Clerk of Commission
Caption:Motion to accept the recommendation of the Tax Assessor to deny a request
from Medicom regarding an abatement of taxes on their freeport inventory
for the tax years 2007 and 2008. (Approved by the Finance Committee
January 27,2009)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 34
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Commission Meeting Agenda
2/3/2009 2:00 PM
Paine College Masked Ball
Department:Clerk of Commission
Caption:Motion to approve a request from Paine College for city sponsorship
through the purchase of tickets for the Masked Ball. (Approved by Finance
Committee January 27, 2009)
Background:
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
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Commission Meeting Agenda
2/3/2009 2:00 PM
Woodrow Fryer
Department:Clerk of Commission
Caption:Motion to approve a request from Mr. Woodrow Fryer for an abatement of
taxes based on a disabled veteran's exemption for the years 2006 through
2008. (Approved by Finance Committee January 27, 2009)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 36
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Commission Meeting Agenda
2/3/2009 2:00 PM
Approve Clarification of Monthly Residential Sewer Rate
Department:Utilities, Drew Goins, Interim Director
Caption:Approve Clarification of Monthly Residential Sewer Rate.
Background:Per City Code, residential sewer rates for accounts more than one year old
are set at the same rate for the entire year based on the average consumption
for that address from the previous December, January and February billing
cycles.
Analysis:Historically, the residential sewer rate has been literally interpreted and
billed exactly as noted above. However, it has come to our attention that the
literal interpretation of the Code creates some billing situations that vary
from the intent of this billing policy. The intent of this policy is to cap the
sewer charges at the amount of water that is normally used by a household
during the time of year when outside watering is at a minimum. By doing
this, we charge for the amount of water we estimate actually is processed
through the sewer system, assuming any excess water usage over this
amount is outside watering usage and does not actually flow through the
sewer and hence should not be considered when billing for sewer. Normally
this policy works fine, however, there are some circumstances where this
billing methodology actually charges the customer more than common sense
would dictate. For instance, if the customer has a higher than normal usage
during the winter months used to calculate the average consumption, due to
abnormal circumstances or some type of plumbing problem, the winter
average could be higher than the amount of normal consumption that could
take place during the rest of the year. Using the current policy, this would
result in an unfairly high sewer bill, possibly all year. For example, if the
average consumption for the three winter months at a residence is 10,000
gallons, the sewer bill will be calculated at the rate for 10,000 gallons of
consumption, even if actual water consumption for the month was only
3,000 gallons. This scenario doesn’t make sense since you can’t send 10,000
gallons into the sewer system when you have only consumed 3,000 gallons
of water. However, this is currently how the policy is written. In order to
clarify the intent of the policy and to allow us to make the necessary changes
to our billing software to fix this problem without going against the letter of
the Code, AUD recommends changing the following clause to the City
Code: Sec. 5-2-43.(b) – “The monthly residential sewer rate shall be charged
based on the (lesser of the actual water usage for the month or) average
water usage for that address from the previous December, January and
February billing cycles.” Changes are in parenthesis above. Since this policy
has been in place for many years without being specifically defined in the
Code, AUD requests that this issue be considered as being grandfathered
into our rate structure so that no retroactive adjustments would be
considered in relation to this policy.
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Item # 37
Financial Impact:There may be nominal cost to AUD for implementation of billing software
changes for this policy and revenue may decrease slightly as a result of the
change, however AUD feels it is more important to make the billing policies
fair to all customers.
Alternatives:1. Approve clarification of monthly residential sewer rate 2. Do not approve
the agenda item and allow the current policy to continue as is stated in the
Code. This will cause some of AUD’s customers to pay larger sewer bills
than the AUD policy was intended to dictate.
Recommendation:Approve clarification of monthly residential sewer rate by inserting the
wording into the Code as noted above.
Funds are Available in
the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 37
Commission Meeting Agenda
2/3/2009 2:00 PM
Approve Clarification of Multi-family Dwelling Water & Sewer Rates
Department:Utilities, Clifford A. Goins, Interim Director
Caption:Approve Clarification of Multi-family Dwelling Water & Sewer Rates.
Background:Since consolidation, Augusta Utilities internal policy has been that all multi-
family dwellings supplied water by a single meter, such as apartments,
condominiums, townhouses, etc. were all considered commercial properties
for billing purposes. However, the Code does not address this policy and
there have been several questions regarding the handling of this policy.
Analysis:Water and sewer bills include two separate parts each month, a base charge
and a rate per thousand gallons for consumption. Commercial rates are
basically different from residential rates in two main ways. The base rate
varies by the size of the meter for commercial rates and residential does not
(since meter sizes and water line sizes for residential structures generally do
not vary), and sewer rates for commercial accounts are based on actual
water usage throughout the year, while residential accounts pay sewer all
year based on the average consumption for the three winter months of
December through February. The intent of the base charge portion of a
water and sewer bill is to recapture some of the costs of the water meter and
the water and sewer lines required to service that structure. Because larger
meters and therefore, larger water lines, are more costly to maintain and
replace, the base rate for commercial accounts increase with the size of the
meter. Since multi-family dwellings generally use much larger meters and
water lines than single family dwellings, they have always been treated as
commercial accounts for billing purposes when one meter supplies the
structure. Recently, we have had several homeowner’s associations
contacting us to request that they be billed at residential rates. After
performing an analysis comparing their account using commercial rates
versus a hypothetical case where the structure was billed as if each unit was
separately metered and charged residential rates with one base charge for
each unit, we found that the charges were very similar, in fact the
commercial rate was actually slightly less. In practice, this is the intent of
the rate structure, so that each situation should be about the same. However,
if we were to charge a homeowner’s association on our current residential
rate structure with only one base charge (since the base charge for
residential does not vary with the size of the meter), these accounts would be
charged significantly less than their neighbors who may have each unit
separately metered. This would create an unfair rate difference for two
structures of the exact same size. AUD recommends adding the following
clause to the City Code to define multi-family dwellings as commercial
accounts in order to clarify this issue and to officially define these rates to be
fair to all customers. Sec. 5-2-45.(f) – “Multi-family dwellings with a meter
size of 1” or greater are considered commercial accounts for billing
Cover Memo
Item # 38
purposes, regardless of the type of entity that is being billed.” Since this
policy has been in place for many years without being specifically defined in
the Code, AUD requests that this issue be considered as being grandfathered
into our rate structure so that no retroactive adjustments be considered in
relation to this policy.
Financial Impact:There will be no additional cost to AUD for implementation of this policy,
but there will be a considerable amount of administrative time saved in
dealing with this issue in the future and current levels of revenue will be
maintained.
Alternatives:1. Approve Clarification of Multi-family Dwelling Water & Sewer Rates 2.
Do not approve the agenda item and allow the current informal policy to
continue with no official documentation of the policy in the Code. This will
leave the City without clearly defined rates for multi-family dwellings and
could leave us open to arguments relating to the legality of our rates.
Recommendation:Approve clarification of multi-family dwelling water & sewer rates by
inserting the wording into the Code as noted above.
Funds are Available in
the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 38
Commission Meeting Agenda
2/3/2009 2:00 PM
Boral Bricks, Inc. Easement Deed
Department:Augusta Utilities Department
Caption:Motion to approve and accept an Easement Deed from Boral Bricks, Inc. for
the Doug Barnard Water Main Project.
Background:The Augusta Utilities Department is in the process of obtaining easements
for the new 24" water main that will run from the Barnyard Flea Market to
Gordon Highway.
Analysis:To complete construction of the Doug Barnard Water Main Project (AUD-
10158), an easement is needed from Boral Bricks, Inc. In lieu of monetary
payment, Boral Bricks has agreed that a tee and stub-out will be placed at
the edge of the easement that runs across their private entrance.
Financial Impact:None
Alternatives:Disapprove motion to approve and accept an Easement Deed from Boral
Bricks, Inc. for the Doug Barnard Water Main Project and redesign the
project.
Recommendation:Approve and accept the Easement Deed from Boral Bricks, Inc. for the
Doug Barnard Water Main Project.
Funds are Available in
the Following
Accounts:
G/L 510043410-5411120 J/L 80210158-5411120
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
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Commission Meeting Agenda
2/3/2009 2:00 PM
Chafee Lift Station Pump Repair
Department:Utilities
Caption:Approve payment to Tampa Armature Works in the amount of $23,392.81
for repairs to the Chafee Lift Station Pump.
Background:The Chafee Lift Pump #1 is a pump manufactured by KSP pumps of
Germany and is in need of quick repair. KSP will only provide parts to
authorized repair facilities. Tampa Armature Works is an authorized facility
and is therefore the company of choice for the repairs.
Analysis:The repairs to the pump need to be completed as soon as possible to
minimize the time where the additional (back up) pump is not available.
Financial Impact:Funds are available in the renewal extension fund
Alternatives:None Recommended
Recommendation:It is recommended to approve payment to Tampa Armature Works in the
amount of $23,392.81 for repairs to the Chafee Lift Station Pump.
Funds are Available in
the Following
Accounts:
506043410-5425210
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
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Commission Meeting Agenda
2/3/2009 2:00 PM
Change Order #1 for The Meadowbrook Area Utility Improvements
Department:Augusta Utilities Department
Caption:Approve Change Order #1 to Blair Construction Company Inc. for
$88,757.88 for additional asphalt over lay over the roads, replacing raised
edge asphalt and improving the storm structures throughout the area.
Background:A contract was approved and awarded to Blair Construction in the amount
of $2,537,304.91 on September 24, 2007. There are two parts of this project:
A) Installation of Sewer and Water lines in the Meadowbrook Drive Sewer
Pocket, and B) Trunk Line Sewer Extension to the properties on Benson
Road. The major portion of this project is scheduled to provide new sewer
and improved water service to the Meadowbrook Drive Sewer Area. During
the design phase of this project the Utilities Department identified the need
for larger water distribution lines in this area. The water system
improvements will supply customers with water through a new network of
6-inch diameter water mains. The second portion of this project extends a
sewer trunk line north from the Butler Creek Trunk Sewer to the properties
along Benson Road. The sewer line extension should assist with the
development along Benson Road. While in the first phase of construction
there was a conflict between the existing water line and proposed sewer line
route. To resolve the problem, the design was revised to relocate the
proposed sewer line to the center of the roadway, which caused additional
over laying of the roads, replacing raised edge asphalt and improving the
storm structures through out the area. These items will serve to improve the
sewer, water systems and roadways in the area.
Analysis:Blair Construction, Inc. submitted a proposal to execute this work for
$88,757.88. AUD evaluated the proposal to be based on existing contract
unit prices and considered it reasonable. Approving this change order will
allow Blair Construction to finish the project on time and improve the
sewer, water systems and roadways in the area.
Financial Impact:The change order submitted for this project is $88,757.88. These funds are
available from the following accounts: 507043420/5425210
80250134/5425210
Alternatives:Disapproved this change order and risk delays in the contract completion.
Recommendation:Approve Change Order #1 in the amount of $88,757.88 to Blair
Construction Company Inc.contract for The Meadowbrook Area Utility
Improvements.
Cover Memo
Item # 41
Funds are Available in
the Following
Accounts:
$88,757.88 from account 507043420/5425210 80250134/5425210
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 41
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Commission Meeting Agenda
2/3/2009 2:00 PM
Condemnation - Alexander Drive Project Parcel 2
Department:Attorney
Caption:Motion to approve condemnation of a portion of property at 2803
Washington Road for the purpose of acquiring a Right-of-Way in
connection with the Alexander Drive Project of 0.043 acre (1,869.98 sq. ft.)
in fee and 0.311 acre (13,551.70 sq. ft.) of permanent construction &
maintenance easement. The appraised value is $59,770.00.
Background:The City has been unable to reach an agreement with the property owners
and condemnation is necessary to avoid further delays in the project.
Analysis:The purchase of the referenced property is necessary for the project.
Financial Impact:The costs necessary for this purchase will be covered under the project
budget.
Alternatives:Deny the motion.
Recommendation:Approve the motion to condemn a portion of referenced property.
Funds are Available in
the Following
Accounts:
323041110 -5411120 296823215 – 5411120
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 42
Commission Meeting Agenda
2/3/2009 2:00 PM
Design Contract Modification for Gordon Hwy 24 - inch Water Main
Department:Augusta Utilities Department
Caption:Approve additional engineering services in the amount of $26,826.00 to
James G. Swift & Associates to incorporate changes in design requirements
for the Gordon Hwy 24-inch Water Main Extension Project.
Background:The design contract was awarded to James G. Swift & Associates in the
amount of $135,260.00 on August 08, 2006.The Gordon Highway 24-inch
Transmission Water Main project involves the design of 6,900 linear feet of
24-inch diameter ductile iron pipe and 700LF of 18-inch DIP along Gordon
Highway. The 24-inch line will connect to the proposed 30-inch water main
(which will run along the north side of Gordon HWY) and end at the
proposed 16-inch Water Main. The design of this transmission main will
allow the Augusta Utilities Department to supply surface water from the
Highland Avenue Water Treatment Plant into Fort Gordon and the west area
of Richmond County. Due to conflicts with GA PWR’s proposed high-
powered transmission line and the existing wetlands, the proposed 18in line
to serve the Fort Gordon area has to be rerouted. Therefore, Swift was
tasked to perform additional survey work and redesign of the Fort Gordon
18-inch water main connection. These items will serve to improve the
construction efforts and help the City of Augusta save money in
construction cost.
Analysis:AUD evaluated James G. Swift & Associates proposal for engineering
services to redesign the Gordon Hwy 24-inch Water Main Extension Project
This proposal is considered fair and reasonable to accomplish the project.
Financial Impact:The re-design proposal submitted for this project was $26,826.00. These
funds are available from the following accounts: 511043410/5212115 -
80310153/5212115
Alternatives:1. Rejection of this approval would delay the design and the subsequent
construction of the Gordon Hwy 24-inch Water Main 2. Approve the re-
design proposal to James G. Swift & Associates
Recommendation:Recommend approval of contract design change to James G. Swift &
Associates in the amount of $ 26,826.00.
Funds are Available in
the Following
Accounts:
$26,826.00 from account 511043410/5212115 - 80310153/5212115Cover Memo
Item # 43
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
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Commission Meeting Agenda
2/3/2009 2:00 PM
Fire Hydrant Protection Project
Department:Utilities
Caption:Approve $250,000 to Mainline Homeland Security for the continued work
of installing protection devices in the city’s fire hydrants.
Background:Over the past few years there has been considerable focus placed on
municipal water systems and their vulnerability to attack from
terrorism. Municipalities have been directed to perform vulnerability
assessments regarding ways in which their water systems may be
compromised. One area of vulnerability surrounds the fire hydrant. The
Davidson Anti Terrorism Valve (ATV) device is the first of its kind to
protect the water system at the point of the hydrant. The installation of this
device makes it extremely difficult for a person to compromise the water
system through the openings in the fire hydrant. The Davidson ATV
staff have held training sessions with AUD staff regarding the installation of
these devices. The AUD crew is skilled in the installation process and is
now in a position to begin retrofitting our existing hydrants.
Analysis:There are approximately 5,500 fire hydrants in Augusta’s water system.
Approximately 900 of these hydrants have already been retrofitted. The
current cost to retrofit each hydrant with ATV device is approximately
$600.00. This represents a total long-term cost of approximately 3.3 million
dollars. AUD proposes this year’s budget to be $250,000 and will increase
the protected hydrants by 400 to 1300, or 24% of the system.
Financial Impact:Funds are available in the renewal extension fund
Alternatives:None recommended
Recommendation:It is recommended to approve $250,000 to Mainline Homeland Security for
the continued work of installing protection devices in the city’s fire
hydrants.
Funds are Available in
the Following
Accounts:
507043410-5425110 / 80700020-5425110
REVIEWED AND APPROVED BY:Cover Memo
Item # 44
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
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Commission Meeting Agenda
2/3/2009 2:00 PM
Ike Williams
Department:
Caption:Presentation by Mr. Ike Williams regarding the closing of Foster Lane.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
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Commission Meeting Agenda
2/3/2009 2:00 PM
Ming F. Lin
Department:Clerk of Commission
Caption:Presentation by Mr. Ming F. Lin regarding sewer backup problems at his
property located at 3008 Mistletoe Ave.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
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Commission Meeting Agenda
2/3/2009 2:00 PM
Modification of Lease Space at Utilities Bay St Location
Department:Utilities
Caption:Approve the lease of an additional 653 square feet of office space for the
Utility Systems Program Section of the Augusta Utilities Engineering
Department on the first floor of The New South Building, 360 Bay Street.
Background:The Utilities Systems Program Branch of the Engineering Division, AUD
has steadily grown in the last couple of years. With the addition of Fort
Gordon the Engineering Department’s GBA workload alone has increased
by 50% in 2008 and continues to grow. Also, other project requirements for
GIS/CMMS have resulted in manpower increases. The10 required Branch
employees are scattered thru- out several locations at the Bay St. facility. In
order to provide a more centrally located staff and a more efficient work
center, we are proposing to consolidate most of the Systems Section
personnel into one larger office location at the New South Building on Bay
St.
Analysis:The new 1,123 Sq. Ft. space will accommodate 8 of the 10 Systems Section
personnel and their associated support equipment. This proposal includes
giving up 470 square feet of existing leased space, resulting in a net increase
of 653 Sq. Ft.
Financial Impact:The Rex Group has quoted the cost for the 1,123 square feet at $1,321.41
per month. The 470 Sq. Ft. to be relinquished would save $504.73 per
month. Therefore, the net increase would be $ 816.41 per month.
Alternatives:None recommended.
Recommendation:Approve the net increase of 653 Sq. Ft. of leased office space at 360 Bay
Street.
Funds are Available in
the Following
Accounts:
506043110-5224111
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Cover Memo
Item # 47
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 47
Commission Meeting Agenda
2/3/2009 2:00 PM
Motion to Approve Proposal from Graves Engineering for NPDES Services Associated with the New Judicial Center
Department:Public Services Department - Facilities Management Division
Caption:Approve Proposal from Graves Engineering, Inc. for NPDES Services in
conjunction with the new Judicial Center, in the not to exceed amount of
$23,200.
Background:Heery/CIPM has reviewed three proposals received in response to Bid No.
08-213, for National Pollutant Discharge Elimination Systems services, in
accordance with EPD regulations and Erosion Sedimentation and Pollution
Control documents produced by the project’s Engineer of Record. The
Judicial Center site work has now commenced and erosion control systems
have been installed. Weekly inspection and post-storm monitoring are now
required.
Analysis:After review of the three submitted proposals by Heery/CIPM, Graves
Engineering was found to have submitted the lowest fees(bid), and they are
deemed to be fully qualified.
Financial Impact:Lump sum fees are based on a project of 21-month duration for weekly
inspections, with additional unit costs incurred following qualifying rain
events. These qualifying rain events trigger a need for supplemental
inspections and turbidity tests. The final fee amount will depend on the
quantity of qualifying rain events. Based upon historical weather data, it is
estimated that the total fee will not exceed $23,200.00.
Alternatives:1. Approve Proposal from Graves Engineering, Inc. for NPDES Services in
conjunction with the new Judicial Center, in the Not to Exceed amount of
$23,200. 2. Select another proposal.
Recommendation:#1. Approve Proposal from Graves Engineering, Inc. for NPDES Services in
conjunction with the new Judicial Center, in the Not to Exceed amount of
$23,200.
Funds are Available in
the Following
Accounts:
Funds are Available in Account: #324-05-1120/201150500
REVIEWED AND APPROVED BY:Cover Memo
Item # 48
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
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Graves Engineering Services
Attn: Rick Swanson
1220 W. Wheeler Parkway, Ste F
Augusta, GA 30909
CSRA Testing and Engineering Co
Attn: James Pope
1005 Emmett Street, Ste A
Augusta, GA 30904
QORE
Attn: Robert Williamson
1732 Wylds Road
Augusta, GA 30909
Bob Munger
Heery Int’l
Hatcher Building
Yvonne Gentry
DBE
Bid Item #08-214
Professional Services for NPDES
Services For the Judicial Center
Bid Due: Thurs. 12/17/08 @ 3:00 p.m.
Attachment number 4
Page 1 of 1
Item # 48
Commission Meeting Agenda
2/3/2009 2:00 PM
Pinnacle Place, Ph 6, Section IV
Department:Engineering-Abie L. Ladson, P.E., Director
Caption:Approve the deed of dedication, maintenance agreement and road resolution
submitted by the Engineering Department for Pinnacle Place, Phase 6,
Section IV.
Background:The final plat was approved by the Commission on August 21, 2007. The
subdivision design and plat, including the storm drain system, have been
reviewed and accepted by our engineering staff and the construction has
been reviewed by our inspectors.
Analysis:This section meets all codes, ordinances and standards. There are no
wetlands or 100-year flood plain boundaries involved in this section.
Financial Impact:By accepting this road into the County system, all future maintenance and
associated costs will be borne by Augusta, Georgia.
Alternatives:1. Approve the deed of dedication, maintenance agreement and road
resolution submitted by the Engineering Department for Pinnacle Place,
Phase 6, Section IV. 2. Do not approve and risk litigation.
Recommendation:Approve Alternative Number One.
Funds are Available in
the Following
Accounts:
Not required at this time.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
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Commission Meeting Agenda
2/3/2009 2:00 PM
Wrightsboro Rd Improvements (Resolution)
Department:Abie L. Ladson, PE , Director
Caption:Motion to approve a resolution to send to the Georgia Department of
Transportation (GDOT) to support the realignment of Barton Chapel Road
to the east so that it will be aligned opposite existing Augusta West Parkway
and rescinds the resolution adopted June 19, 2001 which opposed the
realignment of Augusta West Parkway and Barton Chapel Road as part of
the project to improve Wrightsboro Road from Jimmie Dyess Parkway to I-
520, project number 323-04-296823309. (Approved by Engineering
Services Committee January 12, 2009 and deferred from the January
22, 2009 Commission meeting)
Background:This is a 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.
GDOT is funding the right of way acquisition ($8,906,000) and the
construction ($16,100,000).
Analysis:During the early development stages of this project GDOT proposed the
concept of aligning Augusta West Parkway and Barton Chapel Road by
shifting Augusta West Parkway to the west and Barton Chapel Road to the
east. This concept was not supported by some members of the business
community in this area. On June 19, 2001 the City adopted a resolution
which stated that they did not support this concept either and submitted the
resolution to GDOT. GDOT agreed to move forward with a different
concept for this area which has the intersections of Barton Chapel Road,
Crescent Drive and Augusta West Parkway operating independently of each
other. In the past few years much has changed in this area concerning the
ownership of properties. Frank Lawrence, owner of Bobby Jones Ford, has
acquired all of the properties except two (2) between the east side of Barton
Chapel Road and his Ford dealership. Mr. Lawrence has hired a consultant
and is in the planning stages of redeveloping this property. Mr. Lawrence
has indicated that several commercial retail tenants will be part of his
redevelopment plans. There are concerns that the intersections of Barton
Chapel Road, Crescent Drive and Augusta West Parkway would be
negatively impacted as currently design within the GDOT Wrightsboro
Road widening project. Shifting Barton Chapel road to the east so that it
aligns opposite existing Augusta West Parkway will provide a more
operationally efficient corridor.
Financial Impact:
There is no financial impact associated with the passing of this resolution.
However, if the resolution is passed by the City and approved by GDOT,
this area of Wrightsboro Road will have to be redesigned. The design
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consultant has indicated that the estimated cost to redesign this would be
$120,000 and the City will be responsible for this.
Alternatives:The Engineering Department requests approval of a resolution to send to the
Georgia Department of Transportation (GDOT) to support the realignment
of Barton Chapel Road to the east so that it will be aligned opposite existing
Augusta West Parkway and rescinds the resolution adopted June 19, 2001
which opposed the realignment of Augusta West Parkway and Barton
Chapel Road as part of the project to improve Wrightsboro Road from
Jimmie Dyess Parkway to I-520, project number 323-04-296823309. 2) Do
not approve and jeopardize the operational efficiency of this area of the
Wrightsboro Road corridor.
Recommendation:approve alternative #1
Funds are Available in
the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Clerk of Commission
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Item # 50
A RESOLUTION
BY THE HONORABLE DON GRANTHAM
COMMISSIONER; AUGUSTA-RICHMOND COUNTY, GEORGIA
A RESOLUTION SUPPORTING THE REALIGNMENT OF BARTON CHAPEL ROAD
OPPOSITE EXISTING AUGUSTA WEST PARKWAY BY THE GEORGIA
DEPARTMENT OF TRANSPORTATION; AND OTHER PURPOSES.
WHEREAS, the Georgia Department of Transportation is planning for road
improvements on Wrightsboro Road in Augusta-Richmond County, Georgia; and
WHEREAS, Augusta-Richmond County, Georgia, by and through Augusta-Richmond
County Commission Resolution, dated June 19, 2001, opposed the previous proposal by the
Georgia Department of Transportation to shift Augusta West Parkway to the west and Barton
Chapel Road to the east; and
WHEREAS, as a part of the Georgia Department of Transportation’s “Wrightsboro Road
Improvements Project,” Georgia Department of Transportation is giving consideration to a
proposal that “Augusta West Parkway” and “Barton Chapel Road” instead be realigned so that
Barton Chapel Road is oriented to the east so that it aligns opposite of the existing Augusta West
Parkway; and
WHEREAS, the proposed realignment of “Barton Chapel Road” opposite existing
“Augusta West Parkway” by the Georgia Department of Transportation will increase and support
commercial development and have a significant and positive impact upon businesses located in
that area; and
WHEREAS, the proposed realignment of “Barton Chapel Road” opposite existing
“Augusta West Parkway” will improve the efficiency of traffic operations in the “Wrightsboro
Road Project” area;
THE COMMISSION OF AUGUSTA-RICHMOND COUNTY, GEORGIA HEREBY
RESOLVES AS FOLLOWS:
SECTION 1. The Augusta-Richmond County Commission supports and requests that
“Barton Chapel Road” be realigned so that Barton Chapel Road orients to
the east and that it aligns opposite of the existing Augusta West Parkway.
Attachment number 1
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Item # 50
SECTION 2. The “Resolution Opposing Realignment of Augusta West Parkway and
Barton Chapel Road,” dated June 19, 2001, the Augusta-Richmond
County Commission hereby rescinds.
SECTION 3. Augusta-Richmond County Commission resolves that a copy of this
Resolution be forwarded to the Commissioner of Georgia Department of
Transportation, forthwith.
Duly adopted this day of , 2009.
AUGUSTA-RICHMOND COUNTY, GEORGIA
By: ______________________________________
Deke S. Copenhaver
As its Mayor
ATTEST:
_____________________________
Lena Bonner, Clerk of Commission
Attachment number 1
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Commission Meeting Agenda
2/3/2009 2:00 PM
CSA Regional Development Center
Department:
Caption:Motion to approve a resolution from the CSRA Regional Development
Center to continue to operate and administer the coordinated transportation
system for aging, mental health,developmental disabilities and addictive
disorders, the Department of Family and Children Services, TANF and
Intensive Services Programs for 2009.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
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Item # 51
Attachment number 1
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Item # 51
Attachment number 1
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Item # 51
Commission Meeting Agenda
2/3/2009 2:00 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the regular meeting of the Commission
held on January 22 and Special Called meeting held January 15, 2009.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
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Item # 52
Commission Meeting Agenda
2/3/2009 2:00 PM
Appointment District 8
Department:
Caption:Motion to approve the appointment of Alan Venable to the Historic
Preservation Commission and the reappointment of Amanda C. Barefield to
the Library Board representing District 8.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
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Item # 53
Commission Meeting Agenda
2/3/2009 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
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Item # 54