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HomeMy WebLinkAbout2009-02-17-Meeting Agenda Commission Meeting Agenda Commission Chamber 2/17/2009 2:00 PM INVOCATION: Rev Woodrow Miller, Pastor, Harmony 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 RECOGNITION(S) Employee of the Month B. Lt. John Grant, Augusta Fire Department, December 2008 Employee of the Month. Mr. Ryan Goodson, Fire Fighter Augusta Fire Department, January Employee of the Month. Attachments Five (5) minute time limit per delegation DELEGATIONS C. Mr.Willie W. Law, IV. RE: Issues of concerns that need to be addressed. Attachments CONSENT AGENDA (Items 1-23) PLANNING 1. Z-09-04 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the following conditions 1) the only use of the building shall be outreach for neighborhood youth and food drives or those uses allowed in the R-1C (One-family Residential) Zone; 2) all activities at the site must cease by 9:00 P.M. and 3) the structure must be brought up to all building code standards before a Certificate of Occupancy may be issued; a petition by Winston Crawford, on behalf of First Mt. Carmel Baptist Church, requesting a Special Exception to establish church Attachments outreach activities per Section 26-1 (A) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .14 acres is known as 1005 Seventh Avenue. (Tax Map 072-2-582-00-0) 2. Z-09-05 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Valerie Wilkins requesting Special Exceptions to establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing 2.02 acres and is known as 2737 Milledgeville Road. (Tax Map 070-2- 022-00-0) Attachments 3. Z-09-07 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Greg Oldham, on behalf of William F. Franke III, requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property containing .51 acres and is known as 2817 Washington Road. (Tax Map 012-0-067-01-0) Attachments PUBLIC SERVICES 4. Motion to approve the selection of Garsite, LLC bid for purchase of aircraft 5,000 gallon refueler and approve the purchase order for the refueler. (Approved by Public Services Committee February 11, 2009) Attachments 5. Motion to approve a request from Mr. Larry McCord regarding the Highland Park Neighborhood Association request to rename the Wood Park Community Building to the Charles Evans Community Center. (Approved by Public Services Committee February 11, 2009) Attachments 6. Motion to approve the acceptance of a $50,000 grant award from the United States Tennis Association (USTA) for the Diamond Lakes Tennis Center. (Approved by Public Services Committee February 11, 2009) Attachments ADMINISTRATIVE SERVICES 7. 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) (Approved in Commission meeting Attachments February 3, 2009 - second reading) 8. 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) (Approved in Commission meeting February 3, 2009 - second reading) Attachments 9. Motion to approve the Supplemental Consulting Service Agreement with NERA. (Approved by Administrative Services Committee February 11, 2009) Attachments PUBLIC SAFETY 10. Motion to approve the purchase of a Live Scan Finger Print machine. (Approved by Public Safety Committee February 11, 2009) Attachments 11. Motion to approve suspending Club Platinum Business License until the owners can appear before the Commission for a hearing. (Approved by Public Safety Committee February 11, 2009) Attachments 12. Motion to approve the replacement of broken windows at the jail at 401 Walton Way. (Approved by Public Safety Committee February 11, 2009) Attachments ENGINEERING SERVICES 13. Motion to approve a Resolution removing Fenwick Street as described in the plat previously recorded in Book 1, pages 950-951 from the City’s road system after having met all applicable requirements of Georgia Law for the removal of a county roadway. (Approved by Engineering Services Committee February 11, 2009) Attachments 14. Motion to authorize the execution of an agreement with the U. S. Department of the Interior U. S. Geological Survey (USGS) for the installation and operating of monitoring wells to investigate water levels and water quality of Augusta’s Groundwater Production Facilities in the amount of $130,420. (Approved by Engineering Services Committee February 11, 2009 Attachments 15. Motion to approve an Option for Right-of-Way between Alexander Commons Home Owners Association, as owners, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, consisting of sign/site improvements on DOT Attachments Project Parcels 27-S-1 and 29-S-1 for $21,550.00 and $11,775.00 respectively for a total amount of $33,325.00. (Approved by Engineering Services Committee February 11, 2009) 16. Motion authorize the execution of an agreement with Cranston Engineering Group for engineering services in the amount of $250,905 for complying with the FERC Dam Saftey Performance Monitoring Program to support the Augusta Canal Licensing process. (Approved by Engineering Services Committee February 11, 2009) Attachments 17. Motion to approve condemnation of a portion of property at 2623 Willis Foreman Road for the purpose of acquiring a Right-of-Way in connection with the Willis Foreman Road Bridge Project of 0.314 acre or 13,687 square feet in fee and 13,786 square feet for a temporary driveway easement. The appraised value is $1,507.00. (Approved by Engineering Services Committee February 11, 2009) Attachments 18. Motion to approve the rebidding of the project for the Evaluation and Assessment of the Deans Bridge Road Landfill Gas Collection and Control System. (Approved by Engineering Services Committee February 11, 2009) Attachments 19. Motion to approve an Option for Right-of-Way between Dennis Stanfield as owner, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, consisting of 0.217 acre or 9,439.94 square feet in fee and 0.062 acre or 2,715.26 square feet of permanent construction and maintenance easement at 1078 Alexander Drive for a total purchase price of $73,900.00. (Approved by Engineering Services Committee February 11, 2009) Attachments 20. Motion to approve an Option for Right-of-Way between Washington Walkers, LLC. as owners, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, consisting of 0.068 acre or 2,966.42 square feet in fee and 0.091 acre or 3,946.99 square feet of permanent construction and maintenance easement. Also granted is one temporary driveway easement at the referenced property located at 2805 Alexander Drive. The total purchase price is $78,500.00. (Approved by Engineering Services Committee February 11, 2009) Attachments 21. Motion to approve a Resolution removing Talcott Street as described in the plat previously recorded in Book 1, pages 950-951 from the City’s road system after having met all applicable requirements of Georgia Law for the removal of a county roadway. (Approved by Engineering Services Committee February 11, 2009) Attachments PETITIONS AND COMMUNICATIONS 22. Motion to approve the minutes of the regular meeting of the Commission held on February 3, 2009. Attachments APPOINTMENT(S) 23. Motion to approve the reappointment of Mr. Tracy E. Williams and William Lee, IV to the Tax Assessor Board for a four-year term. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 2/17/2009 AUGUSTA COMMISSION REGULAR AGENDA 2/17/2009 (Items 24-37) PUBLIC SERVICES 24. 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 requested by Commissioner Jerry Brigham) Attachments 25. 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 requested by Commissioner Jerry Brigham) Attachments 26. 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 requested by Commissioner Jerry Brigham) Attachments 27. 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 requested by Commissioner Jerry Brigham) Attachments 28. Motion to approve the attached Federal Aviation Administration (FAA) Grant Agreement. Attachments PUBLIC SAFETY 29. Motion to approve AT&T Loan Servicing Contract. (No recommendation from Public Safety Committee February 11, 2009) Attachments FINANCE 30. Approve the acquisition of one asphalt paver/finisher for the Public Services Department Maintenance Division. Attachments 31. Report from the Administrator/Attorney regarding appropriate uses for hotel/motel tax revenues for contractual obligations. (Referred from December 8 Finance) Attachments 32. Consider approval for lease of Main Tag Office. Attachments 33. Consider a request from Ms. Edna Thompson regarding an abatement of taxes associated with the 2008 valuation of the residence located at 1808 Ronda Drive. Attachments 34. Motion to approve refund request for one account. Attachments APPOINTMENT(S) 35. Motion to approve the recommendations of the CSRA Economic Opportunity Authority, Inc. to reappoint Mr. Augustus Thurmond, and appoint Ms. Linda LaMarr and Ms. Margaret Huskey. Attachments ADMINISTRATOR 36. Report from the Administrator regarding ongoing SPLOST projects. Attachments Upcoming Meetings www.augustaga.gov LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 37. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 2/17/2009 2:00 PM Invocation Department:Clerk of Commission Caption:Rev Woodrow Miller, Pastor, Harmony 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 2/17/2009 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 2/17/2009 2:00 PM Employee of the Month Department: Caption:Lt. John Grant, Augusta Fire Department, December 2008 Employee of the Month. Mr. Ryan Goodson, Fire Fighter Augusta Fire Department, January Employee of the Month. 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 Attachment number 2 Page 1 of 1 Item # 3 Commission Meeting Agenda 2/17/2009 2:00 PM Willie W.Law, IV Department: Caption:Mr.Willie W. Law, IV. RE: Issues of concerns that need to be addressed. 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 2/17/2009 2:00 PM Planning Commission Department:Planning Commission Caption: Z-09-04 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the following conditions 1) the only use of the building shall be outreach for neighborhood youth and food drives or those uses allowed in the R-1C (One-family Residential) Zone; 2) all activities at the site must cease by 9:00 P.M. and 3) the structure must be brought up to all building code standards before a Certificate of Occupancy may be issued; a petition by Winston Crawford, on behalf of First Mt. Carmel Baptist Church, requesting a Special Exception to establish church outreach activities per Section 26-1 (A) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .14 acres is known as 1005 Seventh Avenue. (Tax Map 072-2-582-00-0) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 5 Commission Meeting Agenda 2/17/2009 2:00 PM Planning Commission Department:Planning Commission Caption: Z-09-05 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Valerie Wilkins requesting Special Exceptions to establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta- Richmond County affecting property containing 2.02 acres and is known as 2737 Milledgeville Road. (Tax Map 070-2-022-00-0) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 6 Commission Meeting Agenda 2/17/2009 2:00 PM Planning Commission Department:Planning Commission Caption: Z-09-07 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Greg Oldham, on behalf of William F. Franke III, requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property containing .51 acres and is known as 2817 Washington Road. (Tax Map 012-0-067-01-0) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 7 Commission Meeting Agenda 2/17/2009 2:00 PM Aircraft Refueler Purchase Department:Augusta Regional Airport Caption:Motion to approve the selection of Garsite, LLC bid for purchase of aircraft 5,000 gallon refueler and approve the purchase order for the refueler. (Approved by Public Services Committee February 11, 2009) Background:Four bids were received for aircraft refueler RFP. Purchasing excluded two bids because their bids were not compliant. Two remaining bids were evaluated. Although Determan Brownie, Inc. truck received, a higher evaluation score, their purchase price exceeded budgeted amount. Garsite LLC bid provided vehicle specifications at the lowest price. Warranty. Tank for 10 years and Defects in Material or Workmanship for 12 months. Delivery time. 75 days depending upon receipt of purchase order and other orders received prior to our order. Analysis:The new refueler is needed to fuel the larger aircraft that land at the airport in a more efficient and timely manner. Financial Impact:Garsite bid is $162,775. Purchase is budgeted for $165,000. Alternatives:Deny Request. Recommendation:Approve Request. Funds are Available in the Following Accounts: 551081206/5422210 REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 8 Item # 8 Commission Meeting Agenda 2/17/2009 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 requested by Commissioner Jerry Brigham) 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 # 9 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 # 9 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 # 9 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 # 9 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 # 9 Commission Meeting Agenda 2/17/2009 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 requested by Commissioner Jerry Brigham) 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 # 10 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 # 10 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 # 10 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 # 10 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 # 10 (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 # 10 (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 # 10 Commission Meeting Agenda 2/17/2009 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 requested by Commissioner Jerry Brigham) 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 # 11 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 # 11 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 # 11 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 # 11 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 # 11 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 # 11 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 # 11 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 # 11 Commission Meeting Agenda 2/17/2009 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 requested by Commissioner Jerry Brigham) 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 # 12 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 # 12 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 # 12 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 # 12 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 # 12 (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 # 12 Commission Meeting Agenda 2/17/2009 2:00 PM FAA Grant Agreement Department:Augusta Regional Airport Caption:Motion to approve the attached Federal Aviation Administration (FAA) Grant Agreement. Background:The airport recieves grants from the FAA for different improvement projects throughtout the year. This grant must be approved, executed by the Mayor and returned to the FAA no later than February 20, 2009. Analysis:If the agreement is not approved, executed by the Mayor and returned by or before the 20th of February the airport will have to put several improvement projects on hold which could evenutally cause a decline in revenue for the airport. Financial Impact:This grant is for $705,382.00 of which the airport provides 2.5% matching funds. Alternatives:Deny request. Recommendation:Approve request. Funds are Available in the Following Accounts: 551081301 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 13 Attachment number 1 Page 1 of 2 Item # 13 Attachment number 1 Page 2 of 2 Item # 13 Commission Meeting Agenda 2/17/2009 2:00 PM Larry McCord Department:Clerk of Commission Caption:Motion to approve a request from Mr. Larry McCord regarding the Highland Park Neighborhood Association request to rename the Wood Park Community Building to the Charles Evans Community Center. (Approved by Public Services Committee February 11, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 14 Attachment number 1 Page 1 of 2 Item # 14 Attachment number 1Page 2 of 2 Item # 14 Commission Meeting Agenda 2/17/2009 2:00 PM United States Tennis Association Public Facility Funding Grant Department:Tom F. Beck, Director, Recreation and Parks Department Caption:Motion to approve the acceptance of a $50,000 grant award from the United States Tennis Association (USTA) for the Diamond Lakes Tennis Center. (Approved by Public Services Committee February 11, 2009) Background:In an effort to leverage funds and maximize the potential of the new tennis facility being constructed at Diamond Lakes Regional Park, application was made for a public facility funding grant through the USTA and the City of Augusta has been selected to receive this grant for the maximum amount of $50,000. Analysis:The USTA provides opportunities for communities to apply for grants to assist with the construction of public tennis court facilities nation-wide. The goal of the USTA is to provide communities access to safe, appealing and functional tennis environments. We are hoored to partner with the USTA to achieve this goal for our community through the Augusta Recreation and Parks Department. Financial Impact:This grant is for $50,000 of which no match is required. Alternatives:1. To Approve 2. Move no action. Recommendation:1. To Approve the USTA grant award of $50,000 to assist with the new tennis center being constructed at Diamond Lakes Regional Park. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 15 December 31, 2008 Richard Hatfield Augusta Recreation and Parks Department 3103 Wrightsboro Road Augusta, GA 30909 RE: Public Facility Funding Application 08-07-246 Diamond Lakes Tennis Center , Congratulations! We are pleased to inform you that Diamond Lakes Tennis Center has been selected to receive a UUSSTTAA PPuubblliicc FFaacciilliittyy FFuunnddiinngg grant for 20% of your project costs (max amount $50,000.00). The grant funds will be distributed as the project progresses and the attached accountability form is returned. We hope you use this opportunity to publicize your facility and tennis in your community. The USTA would like to celebrate the announcement with you so please call Shannon Hatton at 914-438-8078 if you need information on the program or to coordinate interviews with USTA staff as you publicize the grant. A goal of the USTA is to provide communities access to safe, appealing and functional tennis environments and we are happy to partner with Augusta Recreation and Parks Department to achieve this goal in Augusta, GA. The essence of this initiative is to assist communities leverage their tennis facilities to promote lifelong healthy activity and improve their programming by advancing the latest tennis innovations for all program types. Thank you for efforts to promote the game of tennis in your community and the commitment to keep the facility open to the public and provide programs for the next 5+ years. We look forward to seeing the infrastructure upgrades provided in part with funds from a USTA grant. Sincerely, Kurt Kamperman Chief Executive Community Tennis US Tennis Association Pc: John Callan Section Executive Director Scott Schultz, Recreational Tennis Managing Director Virgil Christian, Community Tennis Development Director Attachment number 1 Page 1 of 1 Item # 15 Commission Meeting Agenda 2/17/2009 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) (Approved in Commission meeting February 3, 2009 - second reading) 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 Cover Memo Item # 16 REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 16 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 # 16 • 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 # 16 Commission Meeting Agenda 2/17/2009 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) (Approved in Commission meeting February 3, 2009 - second reading) 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: Clerk of Commission Cover Memo 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 1Page 1 of 1 Commission Meeting Agenda 2/17/2009 2:00 PM Supplement to NERA Consulting Services Agreement Department:Disadvantaged Business Enterprise (DBE) Caption:Motion to approve the Supplemental Consulting Service Agreement with NERA. (Approved by Administrative Services Committee February 11, 2009) Background:On October 18, 2007, National Economic Research Associate, Inc. (NERA) entered into a Consulting Services Agreement (attached), wherein the parties agreed NERA would provide consulting services for Item #07-115, a Comprehensive Disparity Study for the Disadvantaged Business Enterprise Department. Paragraph six(6) of the Consulting Services Agreement provided the term of the agreement would terminate on December 31, 2008, unless extended pursuant to express written agreement of the parties. The services agreed upon by the parties in the Consulting Services Agreement have not yet been completed. By the execution of the Supplemental Consulting Services Agreement, the parties hereby desire to extend the term of Consulting Services Agreement until June 30, 2009. Analysis:Approve the Supplemental Consulting Services Agreement Financial Impact:This supplement only extends the completion date, thus no negative financial impact is anticipated. Alternatives:Not approve this Supplemental Agreement Recommendation:(1)Approve the Supplemental Consulting Services Agreement;(2) Do not approve Disadvantaged Business Enterprise Department's recommendation of approval to extend the completion date of the Supplemental Consulting Services Agreement. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 3 Attachment number 1Page 2 of 3 Attachment number 1Page 3 of 3 Commission Meeting Agenda 2/17/2009 2:00 PM Approve Purchase of Live Scan Finger Print Machine Department:Sheriff's Caption:Motion to approve the purchase of a Live Scan Finger Print machine. (Approved by Public Safety Committee February 11, 2009) Background:The Richmond County Sheriff's Office has been using the live scan finger print machine in the jail for the past ten years. The machine that is currently being used is now becoming obsolete. Parts are also becoming obsolete and now maintenance contracts for the machine are no longer available. The machine is used daily for finger printing and submitting them electronically to other agencies. Bids received back from the competive bid process through the Procurement Department resulted in two bids. After analizing the bids and specifications, only one bidder met the required specifications. $34,930 Analysis:The Live Scan Fingerprint machine will be purchased through the regular budget Fund 278. Financial Impact:Nne Alternatives:Approve the purchase of the Live Scan Finger Print machine. Recommendation:Fund 278. Funds are Available in the Following Accounts: 278032110/5421110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Attachment number 2Page 1 of 1 Attachment number 3Page 1 of 1 Attachment number 4Page 1 of 1 Commission Meeting Agenda 2/17/2009 2:00 PM AT&T Loan Servicing Agreement Department:Augusta 9-1-1 Center Caption:Motion to approve AT&T Loan Servicing Contract. (No recommendation from Public Safety Committee February 11, 2009) Background:The Augusta-Richmond County Commission approved a lease agreement with Bell South Financial Services (BSFS) for the upgrade of the Augusta 9- 1-1 Center 9-1-1 Telephones and those of the Fort Gordon 9-1-1 Center during their regular meeting on October 10,2007. The installation of this equipment began in April 2008 and was completed in November 2008. The equipment for the Augusta 9-1-1 Center was operational in May 2008, however, the installation at Fort Gordon was delayed for several months due to construction issues surrounding their new facility. Neither the lease nor any payments for either facility was to start until final installation of all equipment. In December 2008 we received notice from GE Financial (the financial company financing the BSFS Lease) that they would not finance the equipment due to the economic situation. AT&T was notified and they submitted a lease to cover the equipment that has been installed. Analysis:The AT&T Loan Servicing Contract has been reviewed by Chiquita Johnson, General Counsel, and she has approved the contract for submission to the Augusta-Richmond County Commission. The contract is for sixty (60) months at $12,068.56 per month for a total of $724,113.60. The original BSFS Agreement was for $780,692.00 which results in a savings of $56,578.40 with the AT&T Contract. Funding for this project has been included in the 2008 and 2009 budget for 9-1-1. The equipment at both facilities is installed and operational and AT&T has begun billing for the equipment. Financial Impact:Total cost of the contract $724,113.60 with a monthly payment of $12,068.56. Alternatives:Seek alternative financing. Recommendation:Approve the AT&T Equipment Servicing Contract. Funds are Available in the Following Accounts: Fund is available in the 2009 9-1-1 Budget. Cover Memo REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 10 Attachment number 1Page 2 of 10 Attachment number 1Page 3 of 10 Attachment number 1Page 4 of 10 Attachment number 1Page 5 of 10 Attachment number 1Page 6 of 10 Attachment number 1Page 7 of 10 Attachment number 1Page 8 of 10 Attachment number 1Page 9 of 10 Attachment number 1Page 10 of 10 Commission Meeting Agenda 2/17/2009 2:00 PM Club Platinum Department:Clerk of Commission Caption:Motion to approve suspending Club Platinum Business License until the owners can appear before the Commission for a hearing. (Approved by Public Safety Committee February 11, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 2/17/2009 2:00 PM Replace broken windows at the the jail at 401 Walton Way Department:Sheriff's Office Caption:Motion to approve the replacement of broken windows at the jail at 401 Walton Way. (Approved by Public Safety Committee February 11, 2009) Background:Replacement for broken windows at the jail have not been replaced for approximately 5 years. It is a major undertaking due to the vendor having to rent a crane. When windows are broken, the inmate is charged and restitution is made. We have broken windows on all floors. Bids received back from the competitive bid process through the Procurement Department resulted in 1 bid. This is the norm for bidding of window replacement. Over the past years, there has always been one compnay to bid. Analysis:The Sheriff's Office will utilize the operating budget for this expense. The total cost will be $66,550.00. Financial Impact:None Alternatives:Replace the windows. Recommendation:278 Funds are Available in the Following Accounts: 278032110/5413120 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Attachment number 2Page 1 of 1 Attachment number 3Page 1 of 1 Attachment number 4Page 1 of 1 Commission Meeting Agenda 2/17/2009 2:00 PM 2009 PS-Paver Department:Finance Department, Fleet Management Caption:Approve the acquisition of one asphalt paver/finisher for the Public Services Department Maintenance Division. Background:The Public Services-Maintenance division is requesting the purchase of a new asphalt/finisher machine to replace an older 1985 model, asset number 032004. This older machine is extremely undependable and outdated creating severe down time and high maintenance costs for the county. Public Services is responsible for paving and maintaining many miles of roads throughout Augusta. The new paving machine would allow the paving crew to expedite their paving projects in a more efficient and safer manner. Analysis:Fleet Management submitted a request for bids through the Procurement Department utilizing the Demand Star electronic bid system which offers nationwide bid coverage. The Procurement Department received quotes back from two (2) local vendors. Review of bids received shows the following results: Tractor and Equipment of Augusta, Georgia = $293,932.00; Yancey Brothers = Bid deemed non-compliant by the Procurement Department. Financial Impact:The machine will be purchased for $293,932.00. Funding for the procurement of this equipment will be provided by the Public Services- Maintenance Division. These funds were approved in Phase IV of the SPLOST and are available for this purchase Alternatives:1. Approve the award to the lowest and only bidder, Tractor & Equipment Company of Augusta, Georgia 2. Do not approve the request. Recommendation:Approve the acquisition of one asphalt paver/finisher for the Public Services Department - Maintenance Division from Tractor & Equipment Company of Augusta, Georgia for $293,932.00 (lowest bid offer on bid 08-214). Funds are Available in the Following Accounts: 324-04-1110.54-22510 201-82-4010.54-22510 REVIEWED AND APPROVED BY:Cover Memo Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Attachment number 2Page 1 of 1 Attachment number 3Page 1 of 1 Attachment number 4Page 1 of 1 Attachment number 5Page 1 of 1 Attachment number 6Page 1 of 1 Commission Meeting Agenda 2/17/2009 2:00 PM Alcohol and Hotel Tax Revenues Department:Clerk of Commission Caption:Report from the Administrator/Attorney regarding appropriate uses for hotel/motel tax revenues for contractual obligations. (Referred from December 8 Finance) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 2/17/2009 2:00 PM Consider Approval for Lease of Main Tag Office Department:Tax Commissioner's Office Caption:Consider approval for lease of Main Tag Office. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Attachment number 2Page 1 of 1 Attachment number 3Page 1 of 1 Commission Meeting Agenda 2/17/2009 2:00 PM Edna Thompson Department:Clerk of Commission Caption:Consider a request from Ms. Edna Thompson regarding an abatement of taxes associated with the 2008 valuation of the residence located at 1808 Ronda Drive. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 2 Attachment number 1Page 2 of 2 Attachment number 2Page 1 of 2 Attachment number 2Page 2 of 2 Commission Meeting Agenda 2/17/2009 2:00 PM February 2009 Refund Request from Board of Assessors Department:Tax Assessor - Calvin Hicks, Chief Appraiser Caption:Motion to approve refund request for one account. Background:See attachment Analysis:See attachment Financial Impact:See attachment Alternatives:None Recommendation:See attachment Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 3 Attachment number 1Page 2 of 3 Attachment number 1Page 3 of 3 Commission Meeting Agenda 2/17/2009 2:00 PM Abandonment of Fenwick Street Department:Attorney Caption:Motion to approve a Resolution removing Fenwick Street as described in the plat previously recorded in Book 1, pages 950-951 from the City’s road system after having met all applicable requirements of Georgia Law for the removal of a county roadway. (Approved by Engineering Services Committee February 11, 2009) Background:The removal of Fenwick Street from the City’s road system is necessary for the construction of the already approved project known as the “JudicialCenter.” Analysis:All applicable Georgia Laws concerning the removal of a county roadway have been met. Financial Impact:None. Augusta, Georgia will retain ownership of the property Alternatives:None practical if project is to proceed as scheduled. Recommendation:Approve the Resolution confirming that Fenwick Street is no longer a part of the City’s road system. Funds are Available in the Following Accounts: n/a REVIEWED AND APPROVED BY: Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 4 Attachment number 1Page 2 of 4 Attachment number 1Page 3 of 4 Attachment number 1Page 4 of 4 Commission Meeting Agenda 2/17/2009 2:00 PM Agreement with USGS for installation and operation of monitoring wells Department:Utilities Caption:Motion to authorize the execution of an agreement with the U. S. Department of the Interior U. S. Geological Survey (USGS) for the installation and operating of monitoring wells to investigate water levels and water quality of Augusta’s Groundwater Production Facilities in the amount of $130,420. (Approved by Engineering Services Committee February 11, 2009 Background:Monitoring ground-water levels and quality is important for protection and effective management of our water resources. The water supply at the three Ground Water Production Facilities draws water from the Dublin-Midville aquifer system. This monitoring program will provide valuable information needed to continue to protect our water source. Analysis:The proposed investigation is to determine the current ground-water levels, flow directions, and water quality if the Dublin –Midville aquifer system in the Augusta - Richmond Co. area. The study will include the expansion of the ground-water monitoring network upgradient of Wellfield #2 and Wellfield #3. The data gathered from the monitoring program will provide information to support water-management decisions and will provide a basis for any future ground-water modeling efforts. Financial Impact:Funds for this authorization can be charged to: 506043530-5213119 Alternatives:No alternatives are recommended. Recommendation:We recommend the Commission authorize the execution of an agreement with the U. S. Department of the Interior U. S. Geological Survey (USGS) for the installation and operating of monitoring wells to investigate water levels and water quality of Augusta’s Groundwater Production Facilities in the amount of $130,420. Funds are Available in the Following Accounts: 506043530-5213119 REVIEWED AND APPROVED BY:Cover Memo Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 2 Attachment number 1Page 2 of 2 Commission Meeting Agenda 2/17/2009 2:00 PM Alexander Commons Home Owners Association DOT Projects 27-S-1 and 29-S-1 Department:Attorney Caption:Motion to approve an Option for Right-of-Way between Alexander Commons Home Owners Association, as owners, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, consisting of sign/site improvements on DOT Project Parcels 27-S-1 and 29-S-1 for $21,550.00 and $11,775.00 respectively for a total amount of $33,325.00. (Approved by Engineering Services Committee February 11, 2009) Background:The Alexander Commons Homeowners Association have agreed to the sign and site improvements. Analysis:The sign and site improvements are necessary for the project. Financial Impact:The costs are within the budget for the project. Alternatives:Deny the motion. Recommendation:Approve the motion. Funds are Available in the Following Accounts: 323-04-1110-5411120 296823215–5411120 REVIEWED AND APPROVED BY: Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 2 Attachment number 1Page 2 of 2 Commission Meeting Agenda 2/17/2009 2:00 PM Augusta Canal FERC Licensing Process – Dam Safety Compliance Department:Utilities Caption:Motion authorize the execution of an agreement with Cranston Engineering Group for engineering services in the amount of $250,905 for complying with the FERC Dam Saftey Performance Monitoring Program to support the Augusta Canal Licensing process. (Approved by Engineering Services Committee February 11, 2009) Background:Augusta is in the process on having the AugustaCanal licensed through the Federal Energy Regulatory Commission. This process includes a Dam Safety Performance Monitoring Program. This program involves a comprehensive approach to technical data reporting, potential failure mode identification, surveillance and monitoring, emergency action planning, security and vulnerability planning, and a series of inspections and reports. Attached to the agenda item as backup is a proposal detailing the requirements. Analysis:Licensed FERC projects must comply with the applicable requirements of the Federal Regulation Title 18 for Dam Safety Compliance Monitoring Program. This process will be required to be repeated every five years. Financial Impact:Funds for this request are included in Bond Fund, under account number 507043410-5425110/80320115-5425110. Alternatives:No alternatives are recommended. Recommendation:We recommend the Commission authorize the execution of an agreement with Cranston Engineering Group for engineering services amount of $250,905 for complying with FERC Dam Safety Performance Monitoring Program to support the Augusta Canal Licensing Process. Funds are Available in the Following Accounts: 507043410-5425110/80320115-5425110. REVIEWED AND APPROVED BY: Finance. Procurement. Cover Memo Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 2/17/2009 2:00 PM Condemnation - Warr - Willis Foreman Road Bridge Replacement Project Department:Attorney Caption:Motion to approve condemnation of a portion of property at 2623 Willis Foreman Road for the purpose of acquiring a Right-of-Way in connection with the Willis Foreman Road Bridge Project of 0.314 acre or 13,687 square feet in fee and 13,786 square feet for a temporary driveway easement. The appraised value is $1,507.00. (Approved by Engineering Services Committee February 11, 2009) 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 budget for the project. Alternatives:Deny the motion. Recommendation:Approve the motion to condemn a portion of referenced property. Funds are Available in the Following Accounts: 324-04-1110-54.11120/207824001-54.11120 REVIEWED AND APPROVED BY: Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 2/17/2009 2:00 PM Rescind the Award of a Contract to CH2MHill for the Evaluation and Assessment of the Deans Bridge Road Landfill Gas Collection and Control System. Department:Solid Waste Caption:Motion to approve the rebidding of the project for the Evaluation and Assessment of the Deans Bridge Road Landfill Gas Collection and Control System. (Approved by Engineering Services Committee February 11, 2009) Background:In early 2008, the Solid Waste Department purchased the landfill gas collection and control system from LandGas of Georgia. Since that time, the Solid Waste Department has maintained the operation of the gas collection and control system within the guidelines of the Georgia Environmental Protection Division. Because the Solid Waste Facility is continuously expanding due to the amount of trash buried on a daily basis, the facility was required to expand the gas collection system in early 2008 to include some additional gas extraction wells, sumps, and cleanouts in order to maintain the necessary gas extraction throughout the older landfill cells. Further, the Solid Waste Facility currently has a customer that uses the landfill gas to fuel its operations. The Unimin Facility in Hephzibah uses the landfill gas in its kilns to dry the kaolin that is mined at the facility. This direct use customer currently accepts all of the landfill gas that is sent through the pipline to their facility. As the facility moves into 2009, and additional landfill cells are constructed, expansion of the current gas extraction system will be required. As such, and as the gas collection system is expanded, the system itself will need to be evaluated in order to ensure that first, Augusta remains in environmental compliance, and secondly, that the gas that is available is used efficiently. Analysis:Since the purchase and of the gas collection and control system in early 2008, the Augusta Solid Waste Facility has been operating the system to the best of its ability; however, with the expansion of the landfill cells, the gas collection system will also require expansion. With this in mind, the Solid Waste Facility placed a Request or Qualifications for a Landfill Gas Consultant. There were two responses to the RFQ – Siemens and CH2MHill. After evaluation of the qualifications, presentations by the respondents, and further discussion with the Augusta Commission, it was determined that the appropriate plan of action would be to split the award into two phases. Phase One would be an evaluation and assessment of the current system and provide recommendations for upgrades and expansion appropriate for future uses of the landfill gas. Phase One was awarded to CH2MHill. However, during contract negotiations, CH2MHill and Augusta could not agree on certain contract terms. Augusta and CH2MHill have attempted to negotiate for over two months, and since no resolution can be made, it is Augusta’s decision to simply rescind the contract award at this Cover Memo time. Financial Impact:Savings of $350,000.00 that would have been paid for the study. Alternatives:1. Rescind the contract 2. Do not rescind the contract Recommendation:Recommend rescinding the contract. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 2/17/2009 2:00 PM Right of Way and easement Dennis Stanfield Department:Attorney Caption:Motion to approve an Option for Right-of-Way between Dennis Stanfield as owner, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, consisting of 0.217 acre or 9,439.94 square feet in fee and 0.062 acre or 2,715.26 square feet of permanent construction and maintenance easement at 1078 Alexander Drive for a total purchase price of $73,900.00. (Approved by Engineering Services Committee February 11, 2009) Background:The property owners have agreed to convey the right-of-way to Augusta, Georgia for the Alexander Drive Project after discussions with the Engineering Department. Condemnation proceedings for this property had already began but was stopped upon the owners and the City reaching a mutually acceptable agreement. A deposit of $58,000 deposited into the Court’s registry will be retrieved and the remaining amount of $15,900.00 will be charged to the project budget. Analysis:The purchase of the referenced property is necessary for the project. Financial Impact:The costs necessary for this purchase are within the budget for this project. Alternatives:Deny the motion. Recommendation:Approve the motion Funds are Available in the Following Accounts: Alexander Drive Project 323-04-1110-5411120 296823215–5411120 REVIEWED AND APPROVED BY: Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 5 Attachment number 1Page 2 of 5 Attachment number 1Page 3 of 5 Attachment number 1Page 4 of 5 Attachment number 1Page 5 of 5 Commission Meeting Agenda 2/17/2009 2:00 PM ROW and easement Washington Walkers LLC Alexander Drive Project Department:Attorney Caption:Motion to approve an Option for Right-of-Way between Washington Walkers, LLC. as owners, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, consisting of 0.068 acre or 2,966.42 square feet in fee and 0.091 acre or 3,946.99 square feet of permanent construction and maintenance easement. Also granted is one temporary driveway easement at the referenced property located at 2805 Alexander Drive. The total purchase price is $78,500.00. (Approved by Engineering Services Committee February 11, 2009) Background:The property owners have agreed to convey the right-of-way to Augusta, Georgia for the Alexander Drive Project. Analysis:The purchase of the referenced property is necessary for the project. Financial Impact:The costs necessary for this purchase are within the budget for this project. Alternatives:Deny the motion. Recommendation:Approve the motion. Funds are Available in the Following Accounts: Alexander Drive Project 323-04-1110-5411120 296823215–5411120 REVIEWED AND APPROVED BY: Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 4 Attachment number 1Page 2 of 4 Attachment number 1Page 3 of 4 Attachment number 1Page 4 of 4 Commission Meeting Agenda 2/17/2009 2:00 PM Talcott Street Abandonment Department:Attorney Caption:Motion to approve a Resolution removing Talcott Street as described in the plat previously recorded in Book 1, pages 950-951 from the City’s road system after having met all applicable requirements of Georgia Law for the removal of a county roadway. (Approved by Engineering Services Committee February 11, 2009) Background:The removal of Talcott Street from the City’s road system is necessary for the construction of the already approved project known as the “JudicialCenter.” Analysis:All applicable Georgia Laws concerning the removal of a county roadway have been met. Financial Impact:None. Augusta, Georgia will retain ownership of the property. Alternatives:None practical if project is to proceed as scheduled. Recommendation:Approve the Resolution confirming that Talcott Street is no longer a part of the City’s road system. Funds are Available in the Following Accounts: n/a REVIEWED AND APPROVED BY: Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 4 Attachment number 1Page 2 of 4 Attachment number 1Page 3 of 4 Attachment number 1Page 4 of 4 Commission Meeting Agenda 2/17/2009 2:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held on February 3, 2009. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 2/17/2009 2:00 PM CSRA EOA Authority Department: Caption:Motion to approve the recommendations of the CSRA Economic Opportunity Authority, Inc. to reappoint Mr. Augustus Thurmond, and appoint Ms. Linda LaMarr and Ms. Margaret Huskey. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Attachment number 2Page 1 of 1 Attachment number 3Page 1 of 1 Attachment number 4Page 1 of 1 Attachment number 5Page 1 of 1 Commission Meeting Agenda 2/17/2009 2:00 PM Tax Assessors Appointments Department: Caption:Motion to approve the reappointment of Mr. Tracy E. Williams and William Lee, IV to the Tax Assessor Board for a four-year term. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Commission Meeting Agenda 2/17/2009 2:00 PM Administrator's Report Department: Caption:Report from the Administrator regarding ongoing SPLOST projects. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 2/17/2009 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 Cover Memo