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HomeMy WebLinkAbout2009-03-03-Meeting Agenda Commission Meeting Agenda Commission Chamber 3/3/2009 2:00 PM INVOCATION: Reverend Matthew Sanders, Pastor Asbury Methodist Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. PRESENTATION(S) A. Augusta Tomorrow. RE: Augusta Tomorrow's 2009 Master Plan Attachments Five (5) minute time limit per delegation DELEGATIONS B. Mr. Richard Dixon, Director Regional Police Academy. RE: Introduction of the organization to the Commission. Attachments C. Mr. Richard Johnson/Clint Bryant. RE: Operation of nightclub business in Richmond County. Attachments CONSENT AGENDA (Items 1-22) PUBLIC SERVICES 1. Motion to approve New Application: A. N. 09 - 65: request by Jai C. West for an on premise consumption Beer & Wine license to be used in connection with Casa Blanca Coffee Cafe located at 936 Broad St. #101. District 1. Super District 9. (Approved by Public Services Committee February 23, 2009) Attachments 2. Motion to approve New Ownership Application: A. N. 09 - 68: request by Yong Hui Lee for an on premise consumption Beer license to be used in connection with Un Ha Su located at 1855 Gordon Hwy. District 5. Super District 9. (Approved by Public Services Committee February 23, 2009) Attachments 3. 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. (Approved by Commission February 17, 2009 - second reading) Attachments 4. 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. (Approved by Commission February 17, 2009 - second reading) Attachments 5. 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. (Approved by Commission February 17, 2009 - second reading) Attachments 6. 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. (Approved by Commission February 17, 2009 - second reading) Attachments 7. Motion to accept a donation from Martin Marietta, Inc. in the amount of $1,500.00 and to approve a budget amendment accordingly to appropriate the funds for staff training. (Approved by Public Services Commitee February 23, 2009) Attachments 8. Motion to accept the Dyess Park Master Plan. (Approved by Public Services Committee February 23, 2009) Attachments PUBLIC SAFETY 9. Motion to approve contract with GovernmentJobs.com, Inc. for NeoGov Online Job Application and Recruitment Process Management Website Services. (Approved by Public Safety Committee February 23, 2009) Attachments FINANCE 10. Motion to approve a request from Ms. Bobbie Baker regarding a refund of the overpayment of taxes for the years 2004 through 2007 on the property located at 2121 Turtle Court. (Approved by Finance Committee February 23, 2009) Attachments 11. Motion to approve the audit preparation plan presented by Ms. Bonnie Cox of Cherry, Bekaert and Holland. (Approved by Finance Committee February 23, 2009) Attachments 12. Motion to deny a request from Outdoor Specialist, Inc. regarding a tax abatement for free port exemption of property tax assessment. (Approved by Finance Committee February 23, 2009) Attachments 13. Motion to approve a request from W. Lee Flowers and Company, Inc. regarding a waiver of penalties for the Augusta IGA grocery store for the 2007, 2008 tax years and deny the request for a reduction in half of the interest. (Approved by Finance Committee February 23, 2009) Attachments ENGINEERING SERVICES 14. Motion to approve the deeds of dedication, maintenance agreement, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Cambridge Subdivision, Section 14. (Approved by Engineering Services Committee February 23, 2009) Attachments 15. Motion to approve and accept a Deed of Dedication and Maintenance Agreement for utilities located between Wheeler Parkway and Roy Road. (Approved by Engineering Services Committee February 23, 2009) Attachments 16. Motion to approve Georgia Power Company Governmental Encroachment Agreement for Easement #31118. (Approved by Engineering Services Committee February 23, 2009) Attachments 17. Motion to approve a Monument/Marker Placement - A petition by the Woodmen of the World South Georgia Jurisdiction requesting approval for placement of a granite memorial bench in the center right-of-way of Ninth and Greene Streets. The new bench will replace one that is missing in front of the World War II Memorial. (Approved by Engineering Services Committee February 23, 2009) Attachments 18. Motion to approve and accept a Deed of Dedication and Maintenance Agreement for Utilities in Windsor Townhomes, Phase 1. (Approved by Engineering Services Attachments Committee February 23, 2009) PETITIONS AND COMMUNICATIONS 19. Motion to approve the minutes of the regular meeting of the Commission held on February 17, 2009 and Special Called meetings held February 12 and 19, 2009. Attachments SUBCOMMITTEE Pension Committee 20. Motion to approve the 2009 Proposed Internal Audit Schedule. (Approved by the Pension Committee February 23, 2009) Attachments APPOINTMENT(S) 21. Motion to approve the appointment of Mr. David W. Fry to the Public Facilities Board representing District 7. Attachments 22. Motion to approve the appointment of Mr. Julian Allen to the Augusta Ports Authority representing District 8. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 3/3/2009 AUGUSTA COMMISSION REGULAR AGENDA 3/3/2009 (Items 23-28) FINANCE 23. Motion to approve a request from the Alzheimer's Association for city sponsorship through the purchase of tickets for the 5th Annual "A Night to Remember". (No recommendation from Finance Committee February 23, 2009) Attachments 24. Motion to approve a request from the Augusta South Rotary Club for city sponsorship through the purchase of tickets for the annual Spaghetti Dinner benefiting the Youth Challenge Academy at Ft. Gordon. (No recommendation from Finance Committee February 23, 2009) Attachments Upcoming Meetings www.augustaga.gov 25. Motion to approve a request from the Boys and Girls Clubs of Augusta for city sponsorship through the purchase of tickets for the 22nd Annual Steak and Burger Dinner. (No recommendation from Finance Committee February 23, 2009) Attachments ENGINEERING SERVICES 26. Motion to approve a resolution creating street lighting districts as requested by Traffic Engineering. (No recommendation from Engineering Services Committee February 23, 2009) Attachments ADMINISTRATOR 27. Motion to approve the Special Local Option Sales Tax (SPLOST) Phase VI Referendum Resolution. Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 28. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 3/3/2009 2:00 PM Invocation Department:Clerk of Commission Caption:Reverend Matthew Sanders, Pastor Asbury Methodist Church. 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 3/3/2009 2:00 PM Augusta Tomorrow Department: Caption:Augusta Tomorrow. RE: Augusta Tomorrow's 2009 Master Plan 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 25 Attachment number 1Page 2 of 25 Attachment number 1Page 3 of 25 Attachment number 1Page 4 of 25 Attachment number 1Page 5 of 25 Attachment number 1Page 6 of 25 Attachment number 1Page 7 of 25 Attachment number 1Page 8 of 25 Attachment number 1Page 9 of 25 Attachment number 1Page 10 of 25 Attachment number 1Page 11 of 25 Attachment number 1Page 12 of 25 Attachment number 1Page 13 of 25 Attachment number 1Page 14 of 25 Attachment number 1Page 15 of 25 Attachment number 1Page 16 of 25 Attachment number 1Page 17 of 25 Attachment number 1Page 18 of 25 Attachment number 1Page 19 of 25 Attachment number 1Page 20 of 25 Attachment number 1Page 21 of 25 Attachment number 1Page 22 of 25 Attachment number 1Page 23 of 25 Attachment number 1Page 24 of 25 Attachment number 1Page 25 of 25 Commission Meeting Agenda 3/3/2009 2:00 PM Richard Dixon Department: Caption:Mr. Richard Dixon, Director Regional Police Academy. RE: Introduction of the organization to the Commission. 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 3/3/2009 2:00 PM Richard Johnson Department: Caption:Mr. Richard Johnson/Clint Bryant. RE: Operation of nightclub business in Richmond County. 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 3/3/2009 2:00 PM Alcohol Application Department:License & Inspections Caption:Motion to approve New Application: A. N. 09 - 65: request by Jai C. West for an on premise consumption Beer & Wine license to be used in connection with Casa Blanca Coffee Cafe located at 936 Broad St. #101. District 1. Super District 9. (Approved by Public Services Committee February 23, 2009) Background:This is a new application located in the redeveloped Whites building. Analysis:The applicant meets the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicants will pay a fee of $1210.00. Alternatives: Recommendation:License & Inspections recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 2 Attachment number 1Page 2 of 2 Commission Meeting Agenda 3/3/2009 2:00 PM Alcohol Application Department:License & Inspections Caption:Motion to approve New Ownership Application: A. N. 09 - 68: request by Yong Hui Lee for an on premise consumption Beer license to be used in connection with Un Ha Su located at 1855 Gordon Hwy. District 5. Super District 9. (Approved by Public Services Committee February 23, 2009) Background:This is a new ownership application. Formerly in the name of Henry Kim. Analysis:The applicant meets the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicnat will pay a fee of $605.00. Alternatives: Recommendation:License & Inspections recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 2 Attachment number 1Page 2 of 2 Commission Meeting Agenda 3/3/2009 2:00 PM AN ORDINANCE TO AMEND THE AUGUSTA, GA. CODE RELATING TO CURFEW FOR MINORS SO AS TO ESTABLISH PROVISIONS FOR APPLICANTS TO ACQUIRE AUGUSTA- RICHMOND COUNTY COMMISSION'S CONSENT PRIOR TO AN ISSUANCE OF A BUSINESS TAX CERTIFICATE Department:Commissioner Jerry Brigham, Commissioner Joe Bowles and Commissioner Don Grantham Caption:Motion to approve an Ordinance to amend the Augusta, Ga. Code Article Three Section 3-1-1 relating to "Curfew for Minors" so as to establish provisions for business tax certificate applicants for teen social clubs to comply with the regulations set forth in the "Dance Hall" Ordinance. (Approved by Commission February 17, 2009 - second reading) 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 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 1Page 1 of 4 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 1Page 2 of 4 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 1Page 3 of 4 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 1Page 4 of 4 Commission Meeting Agenda 3/3/2009 2:00 PM AN ORDINANCE TO AMEND THE AUGUSTA, GA. CODE RELATING TO THE DANCE HALL ORDINANCE SO AS TO REQUIRE THE AUGUSTA-RICHMOND COUNTY COMMISSION'S CONSENT TO OPERATE WITHIN AUGUSTA-RICHMOND COUNTY LIMITS Department:Commissioner Jerry Brigham, Commissioner Joe Bowles and Commissioner Don Grantham Caption:Motion to approve an Ordinance to amend the Augusta, Ga. Code Title Six Article Three Section 6-6-43 so as to require applicants to receive Augusta- Richmond County Commission's consent to operate; to repeal all code sections and ordinances and parts of code sections and ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by Commission February 17, 2009 - second reading) 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 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 1Page 1 of 6 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 1Page 2 of 6 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 1Page 3 of 6 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 1Page 4 of 6 (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 1Page 5 of 6 (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 1Page 6 of 6 Commission Meeting Agenda 3/3/2009 2:00 PM AN ORDINANCE TO AMEND THE AUGUSTA, GA. CODE TO ESTABLISH ADDITIONAL CONDITIONS FOR SUSPENSION OF A BUSINESS TAX CERTIFICATE Department:Commissioner Jerry Brigham, Commissioner Joe Bowles and Commissioner Don Grantham Caption:Motion to approve an Ordinance to amend the Augusta, Georgia Code Article Two Section 2-1-38 so as to establish additional conditions for suspension of a business tax certificate; to repeal all ordinance and parts of ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by Commission February 17, 2009 - second reading) 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 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 1Page 1 of 7 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 1Page 2 of 7 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 1Page 3 of 7 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 1Page 4 of 7 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 1Page 5 of 7 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 1Page 6 of 7 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 1Page 7 of 7 Commission Meeting Agenda 3/3/2009 2:00 PM AN ORDINANCE TO AMEND THE AUGUSTA, GA. CODE TO ESTABLISH THE SUSPENSION OF A LICENSE FOR ALCOHOLIC BEVERAGES Department:Commissioner Jerry Brigham, Commissioner Joe Bowles and Commissioner Don Grantham Caption:Motion to approve an Ordinance to amend the Augusta, Ga. Code Article Six Section 6-2-74 to establish provisions for the suspension of a license for alcoholic beverages; to repeal all ordinances and parts of ordinances in conflict herewith; to provide for an effective date and for other purposes. (Approved by Commission February 17, 2009 - second reading) 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 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 1Page 1 of 5 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 1Page 2 of 5 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 1Page 3 of 5 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 1Page 4 of 5 (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 1Page 5 of 5 Commission Meeting Agenda 3/3/2009 2:00 PM Budget Amendment Department:Recreation and Parks Caption:Motion to accept a donation from Martin Marietta, Inc. in the amount of $1,500.00 and to approve a budget amendment accordingly to appropriate the funds for staff training. (Approved by Public Services Commitee February 23, 2009) Background:Martin Marietta, Inc. allocates funds each year to organizations around Augusta, and Recreation and Parks has been selected once again this year. The funding is not tied to any particular area of the department by Martin Marietta, Inc. Analysis:The area in the greatest need of funding for the department is staff training. These funds were eliminated as a part of the 2009 budget reductions. Financial Impact:$1,500.00 in new revenue $1,500.00 in training expenses for Georgia Recreation and Parks Assoc. Annual Conference. Alternatives:1. To approve, enabling several staff training opportunities currently unfunded. 2. To deny Recommendation:#1 - to approve Funds are Available in the Following Accounts: Account for deposit/expense with budget amendment will be 101061214/3711112 (donations) and 101061214/5237110 (education & training) REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 3/3/2009 2:00 PM Dyess Park Master Plan Department:Tom F. Beck, Director, Recreation and Parks Department Caption:Motion to accept the Dyess Park Master Plan. (Approved by Public Services Committee February 23, 2009) Background:Dyess Park has been identified as a strong anchor facilitity in the overall re- development of the Laney Walker area of our community. With all the improvements and proposed future development, the Augusta Housing and Community Development Department retained 2KM Architects to develop a master plan for Dyess Park that would enhance this park property and most important link in the overall look of this area. Analysis:In the Spring of 2008, 2KM Architects began meeting with the stakeholders in this area to initiate discussions as to where they would like to see Dyees Park in the future. A plan was developed, adopted by the stakeholders and presented to the community at large for comments. From comments generated and ideas incorporated, the plan was approved in full by the stakeholders and by the Laney Walker Neighborhood Association at a meeting held on January 27, 2009. Financial Impact:N/A Alternatives:1. To approve. 2. Move no action. Recommendation:1. To approve the master plan for development at Dyess Park. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Commission Meeting Agenda 3/3/2009 2:00 PM Online Job Application Software (NeoGov) Department:Information Technology Caption:Motion to approve contract with GovernmentJobs.com, Inc. for NeoGov Online Job Application and Recruitment Process Management Website Services. (Approved by Public Safety Committee February 23, 2009) Background:Augusta Human Resources (HR) currently has a paper-driven job application process. Job applications are filled out on paper and are left in a box at HR or are faxed or emailed from applicants. The current "online job application" is a downloadable file, but eventually it becomes part of the paper process as well. The paper-heavy process causes HR to have to manage the applications individually and results in one staff member devoting almost all of their time to recording, sorting, and distributing applicant packets to city departments. There are also operational expenditures such as printing of blank applications and copies that are made of application packets in the hiring departments. These packets are usually sent from HR to the customer departments via interoffice mail, which entails additional use of city employee time and resources. In summary, managing job applications by the current manual method is a time, paper, and labor-intensive process that could be much- improved by the implementation of technology. Analysis:The Augusta IT and Human Resources Departments worked with the Procurement Department in order to release an RFP (08-120). IT and HR worked together to evaluate vendors based on the features of their respective product offerings as well as their technical merits. The NeoGov product from GovernmentJobs.com has a very large customer base and has been developed especially for government end users. It manages the advertisement and recruitment process including job description standardization, online job applications, applicant tracking, notice generation, skill tracking, testing, and reporting (including EEO reports). NeoGov is known as a Software-as-a-Service (SaaS) provider, meaning that NeoGov will actually host and maintain the web site and eliminate the need for capital purchases (servers, etc.) to support this software implementation. Financial Impact:Setup and services with NeoGov are contracted to be $29,500 from 2008 IT Capital funds. Additional funding of no more than $5000 may be needed if HR desires onsite training from the vendor. Alternatives:N/A Recommendation: Approve Contract with GovernmentJobs.com, Inc. for NeoGov Online Job Cover Memo Application and Recruitment Process Management Website Services Funds are Available in the Following Accounts: 272015410.5424120 REVIEWED AND APPROVED BY: Procurement. Information Technology. Finance. Law. Administrator. 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N e o G o v P r o j e c t B u d g e t . x l s 2/2 6 / 2 0 0 9 Pa g e 1 o f 2 Tr a v e l / M e a l s / L o d g i n g ( b i l l e d a s i n c u r r e d ) It e m Co m m e n t s Es t i m a t e d Am o u n t 0 0 0 0 A c t u a l A m o u n t $ - $ - $ - $ - TO T A L T R A V E L / M E A L S / L O D I N G $ - $ - $ - $ - $ - Ha r d w a r e It e m Pa r t # U n i t s Es t i m a t e d U n i t Pr i c e Es t i m a t e d Am o u n t 0 0 0 0 A c t u a l A m o u n t N/ A s i n c e t h i s i s a s o f t w a r e - a s - a - s e r v i c e c o n t r a c t 0 - $ $ - $ - 0 - $ $ - $ - To t a l H a r d w a r e C o s t $ - $ - $ - $ - $ - In v o i c e T o t a l s $ - $ - $ - $ - Ov e r a l l P r o j e c t T o t a l s Pr o j e c t e d $ 2 9 , 5 0 0 . 0 0 A c t u a l $ - Bu d g e t e d A m o u n t 40 , 0 0 0 . 0 0 $ Co n t r a c t e d A m o u n t 29 , 5 0 0 . 0 0 $ Pr o j e c t e d B u d g e t S u r p l u s 10 , 5 0 0 . 0 0 $ Am o u n t S p e n t o n P r o f e s s i o n a l S v c s - $ Am o u n t S p e n d o n T r a v e l - $ Am o u n t S p e n t o n H a r d w a r e - $ Am o u n t R e m a i n i n g 40 , 0 0 0 . 0 0 $ C:\ P r o g r a m F i l e s \ N e e v i a . C o m \ D o c u m e n t C o n v e r t e r \ t e m p \ P D F C o n v e r t . 9 2 8 5 . 1 . N e o G o v P r o j e c t B u d g e t . x l s 2/2 6 / 2 0 0 9 Pa g e 1 o f 2 Attachment number 2Page 1 of 2 Pr o j e c t B u d g e t a n d C o s t s Re m a i n i n g Am o u n t PO N u m b e r N o t e s $ ( 1 7 , 0 0 0 . 0 0 ) $ ( 1 0 , 0 0 0 . 0 0 ) $ ( 2 , 5 0 0 . 0 0 ) $ - $ - $ - $ ( 2 , 5 0 0 . 0 0 ) C:\ P r o g r a m F i l e s \ N e e v i a . C o m \ D o c u m e n t C o n v e r t e r \ t e m p \ P D F C o n v e r t . 9 2 8 5 . 1 . N e o G o v P r o j e c t B u d g e t . x l s 2/2 6 / 2 0 0 9 Pa g e 2 o f 2 Re m a i n i n g Am o u n t PO N u m b e r N o t e s $ - $ - $ - $ - $ - Re m a i n i n g Am o u n t PO N u m b e r N o t e s $ - $ - $ - $ ( 2 , 5 0 0 . 0 0 ) $ 4 0 , 0 0 0 . 0 0 C:\ P r o g r a m F i l e s \ N e e v i a . C o m \ D o c u m e n t C o n v e r t e r \ t e m p \ P D F C o n v e r t . 9 2 8 5 . 1 . N e o G o v P r o j e c t B u d g e t . x l s 2/2 6 / 2 0 0 9 Pa g e 2 o f 2 Attachment number 2Page 2 of 2 Attachment number 3Page 1 of 1 Vendors: Original 6 Copies 1 Price Proposal "SEALED" Add 1 NeoGov 222 N. Sepulveda, Suite 2000 El Segundo, CA 90245 X X X X Bi-Tech, Inc. 890 Fortress Street Chico, CA 95973 Main Sequence Technologies, Inc. 4420 Sherwin Road Willoughby, OH 44094 Civica Software 20101 SW Birch Street, Suite 250 Newport Beach, CA 92660 People Administration, Inc. 816 Congress Avenue Austin, TX 78701 X X X X Sungard Public Sector Bi-Tech 890 Fortress Street Chico, CA 95973 X X X X ImageTrend, Inc 20855 Kensington Boulevard Lakeville, MN 55044 X X X X AT&T RFP #08-120 Online Job Application City of Augusta Human Resources Department RFP Opening Date: Wednesday, May 14, 2008 at 3:00 P.M. NO BID Attachment number 4Page 1 of 1 Attachment number 5Page 1 of 1 Attachment number 6Page 1 of 1 Attachment number 7Page 1 of 4 Attachment number 7Page 2 of 4 Attachment number 7Page 3 of 4 Attachment number 7Page 4 of 4 Attachment number 8Page 1 of 2 Attachment number 8Page 2 of 2 Commission Meeting Agenda 3/3/2009 2:00 PM Alzheimer's Association Department:Clerk of Commission Caption:Motion to approve a request from the Alzheimer's Association for city sponsorship through the purchase of tickets for the 5th Annual "A Night to Remember". (No recommendation from Finance Committee February 23, 2009) 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 Commission Meeting Agenda 3/3/2009 2:00 PM Augusta South Rotary Club Department:Clerk of Commission Caption:Motion to approve a request from the Augusta South Rotary Club for city sponsorship through the purchase of tickets for the annual Spaghetti Dinner benefiting the Youth Challenge Academy at Ft. Gordon. (No recommendation from Finance Committee February 23, 2009) 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 3/3/2009 2:00 PM Bobbie Baker Department:Clerk of Commission Caption:Motion to approve a request from Ms. Bobbie Baker regarding a refund of the overpayment of taxes for the years 2004 through 2007 on the property located at 2121 Turtle Court. (Approved by Finance Committee February 23, 2009) 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 2 Attachment number 2Page 2 of 2 Commission Meeting Agenda 3/3/2009 2:00 PM Boys and Girls Clubs Department:Clerk of Commission Caption:Motion to approve a request from the Boys and Girls Clubs of Augusta for city sponsorship through the purchase of tickets for the 22nd Annual Steak and Burger Dinner. (No recommendation from Finance Committee February 23, 2009) 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 Commission Meeting Agenda 3/3/2009 2:00 PM Cherry Bekaert and Holland Department:Clerk of Commission Caption:Motion to approve the audit preparation plan presented by Ms. Bonnie Cox of Cherry, Bekaert and Holland. (Approved by Finance Committee February 23, 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 3/3/2009 2:00 PM Outdoor Specialist Inc. Department:Clerk of Commission Caption:Motion to deny a request from Outdoor Specialist, Inc. regarding a tax abatement for free port exemption of property tax assessment. (Approved by Finance Committee February 23, 2009) 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 3 Attachment number 2Page 2 of 3 Attachment number 2Page 3 of 3 Commission Meeting Agenda 3/3/2009 2:00 PM W. Lee Flowers and Company Department:Clerk of Commission Caption:Motion to approve a request from W. Lee Flowers and Company, Inc. regarding a waiver of penalties for the Augusta IGA grocery store for the 2007, 2008 tax years and deny the request for a reduction in half of the interest. (Approved by Finance Committee February 23, 2009) 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 Commission Meeting Agenda 3/3/2009 2:00 PM Cambridge Section 14 Department:Engineering-Abie L. Ladson, P.E., Director Caption:Motion to approve the deeds of dedication, maintenance agreement, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Cambridge Subdivision, Section 14. (Approved by Engineering Services Committee February 23, 2009) Background:The final plat was approved by the Commission on June 20, 2006 . The subdivision design and plat, including the storm drain system, have been reviewed and accepted by our engineering staff and the construction has been reviewed by our inspectors. The Utilities Department has inspected and reviewed the water and sanitary sewer installations, and hereby requests acceptance of the utility deed. Analysis:This section meets all codes, ordinances and standards. There are no wetlands or 100-year flood plain boundaries involved in this section. Acceptance of said utility deed shall dedicate, as required, the water and sanitary sewer mains along with the applicable easements to Augusta, Georgia, for operation and maintenance. Financial Impact:By accepting these roads and storm drainage installations into the County system and after the 18-month maintenance warranty by the developer/contractor for the roads and storm drainage has expired, all future maintenance and associated costs will be borne by Augusta, Georgia. By acceptance of the utility deed, all future maintenance and associated costs for water and sanitary sewer installations will be borne by Augusta, Georgia, and positive revenue will be generated from the sale of water and sanitary sewer taps and monthly billing of same. Alternatives:1. Approve the deeds of dedication, maintenance agreement, and road resolutions submitted by the Engineering, and Augusta Utilities Departments for Cambridge Subdivision, Section 14. 2. Do not approve and risk litigation. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: Not required at this time. Cover Memo REVIEWED AND APPROVED BY: Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Attachment number 2Page 1 of 1 Attachment number 3Page 1 of 2 Attachment number 3Page 2 of 2 Attachment number 4Page 1 of 2 Attachment number 4Page 2 of 2 Attachment number 5Page 1 of 3 Attachment number 5Page 2 of 3 Attachment number 5Page 3 of 3 Attachment number 6Page 1 of 4 Attachment number 6Page 2 of 4 Attachment number 6Page 3 of 4 Attachment number 6Page 4 of 4 Commission Meeting Agenda 3/3/2009 2:00 PM Deed of Dedication and Maintenance Agreement for Utilities Located Between Wheeler Parkway and Roy Road Department:Augusta Utilities Department Caption:Motion to approve and accept a Deed of Dedication and Maintenance Agreement for utilities located between Wheeler Parkway and Roy Road. (Approved by Engineering Services Committee February 23, 2009) Background:A water distribution system and a gravity sewerage system was constructed in connection with the development of several tracts of property between Wheeler Parkway and Roy Road. The developers, Greater Augusta Association of Realtors, Inc., Norman B. Pursley, Jr., George C. Pursley, Robert D. McMorris, and West Augusta Investments, LLC, are desirous of dedicating these utilities to Augusta. Analysis:The water distribution system and the gravity sewerage system have been inspected and approved by the Augusta Utilities Department. Financial Impact:None Alternatives:Deny the motion to approve and accept a Deed of Dedication and Maintenance Agreement for utilities located between Wheeler Parkway and Roy Road. Recommendation:Approve and accept a Deed of Dedication and Maintenance Agreement for utilities located between Wheeler Parkway and Roy Road Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 9 Attachment number 1Page 2 of 9 Attachment number 1Page 3 of 9 Attachment number 1Page 4 of 9 Attachment number 1Page 5 of 9 Attachment number 1Page 6 of 9 Attachment number 1Page 7 of 9 Attachment number 1Page 8 of 9 Attachment number 1Page 9 of 9 Commission Meeting Agenda 3/3/2009 2:00 PM Georgia Power Company Governmental Encroachment Agreement #31118 Department:Augusta Utilities Department Caption:Motion to approve Georgia Power Company Governmental Encroachment Agreement for Easement #31118. (Approved by Engineering Services Committee February 23, 2009) Background:The Augusta Utilities Department will be constructing the Gordon Highway 24" Water Main (10153), in the future, which will cross the Georgia Power Company easement in question. Analysis:Augusta will need to enter into an encroachment agreement with Georgia Power, in order to cross their easement. The proffered document is the usual agreement between GPC and Augusta. Financial Impact:None Alternatives:Deny the motion to approve the Georgia Power Company Governmental Encroachment Agreement for Easement #31118. Recommendation:Approve the Georgia Power Company Governmental Encroachment Agreement for Easement #31118. Funds are Available in the Following Accounts: 510043410-5411120 80310153-5411120 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. 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 3/3/2009 2:00 PM Planning Commission Department:Planning Commission Caption:Motion to approve a Monument/Marker Placement - A petition by the Woodmen of the World South Georgia Jurisdiction requesting approval for placement of a granite memorial bench in the center right-of-way of Ninth and Greene Streets. The new bench will replace one that is missing in front of the World War II Memorial. (Approved by Engineering Services Committee February 23, 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 3/3/2009 2:00 PM Street Lighting Department:Abie Ladson, P. E. Director Engineering Department Caption:Motion to approve a resolution creating street lighting districts as requested by Traffic Engineering. (No recommendation from Engineering Services Committee February 23, 2009) Background:The Engineering Department has been petitioned by the citizens requesting street lighting in their neighborhood pursuant to a 1971 Commission Resolution authorizing the creating of Street Lighting Districts. The petitioners agree to pay for all costs associated with the installation, ongoing maintenance and energy. Analysis:Currently, street lighting is non-existing in these areas. Street lighting has been an effective measure to increase pedestrian and vehicular safety, assist in crime prevention, and to promote businesses and community pride. Financial Impact:Street Lighting Districts are funded by a self supporting fund. Street Lighting charges vary based on the type lighting requested or required, billable front footage, and light wattage and spacing. Costs for the subject districts follow: 1. 329 Manchester $1.15/Ft. 2. 341 The Orchard $1.15/Ft. Alternatives: Recommendation:Approve Street Lighting Districts Funds are Available in the Following Accounts: 2760416105233111/Legal Advertising REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Traffic Engineering Section 507 1/2 Telfair Street - Augusta, GA 30901 (706) 821-1841 – Fax (706) 821-1724 WWW.AUGUSTAGA.GOV AJENDA ITEM ______ ______ EDITION _____________ Date: February 11, 2009 To: Hon. Deke Copenhaver, Mayor Members of Commission Jimmy Smith, Chairman, Engineering Services Committee Through: Abie L. Ladson, P E Director, Engineering Dept. Through: Fred Russell, Administrator From: Steven J. Cassell, PE, PTOE, Assist. Director—Traffic Engineering Subject: Petitioned Street Lighting Districts File Reference: 08-005E (A) CAPTION: Recommend approval of resolution creating street lighting districts as requested by Traffic Engineering. BACKGROUND: The Engineering Department has been petitioned by the citizens requesting street lighting in their neighborhood pursuant to a 1971 Commission Resolution authorizing the creating of Street Lighting Districts. The petitioners agree to pay for all costs associated with the installation, ongoing maintenance and energy. ANALYSIS: Currently, street lighting is non-existing in these areas. Street lighting has been an effective measure to increase pedestrian and vehicular safety, assist in crime prevention, and to promote businesses and community pride. FINANCIAL IMPACT: Street Lighting Districts are funded by a self supporting fund. Street Lighting charges vary based on the type lighting requested or required, billable front footage, and light wattage and spacing. Costs for the subject districts follow: 1. 329 Manchester $1.15/Ft. 2. 341 The Orchard $1.15/Ft. Attachment number 1Page 1 of 2 Traffic Engineering Section 507 1/2 Telfair Street - Augusta, GA 30901 (706) 821-1841 – Fax (706) 821-1724 WWW.AUGUSTAGA.GOV AGENDA ITEM _______ EDITION _______ Date February 11, 2009 Page 2 REQUESTED AGENDA DATE: Committee Meeting: February 23, 2009 Commission Meeting: DEPARTMENT FUNDS ARE AVAILABLE IN THE DIRECTOR ACCOUNTS: 2760416105233111/Legal Advertising _________________________ _________________________________________ _________________________________________ ADMINISTRATOR: FINANCE: _______________________ ________________________________________ SJC/ALL/PJ Cc: Charles Gifford Agenda File Traffic Engineering File Attachment number 1Page 2 of 2 Commission Meeting Agenda 3/3/2009 2:00 PM Windsor Townhomes, Phase 1, Deed of Dedication and Maintenance Agreement for Utilities Department:Augusta Utilities Department Caption:Motion to approve and accept a Deed of Dedication and Maintenance Agreement for Utilities in Windsor Townhomes, Phase 1. (Approved by Engineering Services Committee February 23, 2009) Background:Windsor Townhomes, LLC developed Windsor Townhomes, Phase 1. The development includes a water distribution system and a gravity sewerage system. Windsor Townhomes, LLC is desirous of dedicating these to systems to Augusta. Analysis:The water distribution system and the gravity sewerage system have passed inspection by the Augusta Utilities Department. Financial Impact:None Alternatives:Deny the motion to approve and accept the Windsor Townhomes, Phase 1, Deed of Dedication and Maintenance Agreement for Utilities. Recommendation:Approve and accept the Windsor Townhomes, Phase 1, Deed of Dedication and Maintenance Agreement for Utilities. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Procurement. 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 Attachment number 2Page 1 of 1 Commission Meeting Agenda 3/3/2009 2:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held on February 17, 2009 and Special Called meetings held February 12 and 19, 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 3/3/2009 2:00 PM Pension Committee Department: Caption:Motion to approve the 2009 Proposed Internal Audit Schedule. (Approved by the Pension Committee February 23, 2009) 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 3/3/2009 2:00 PM District Appointment 7 Department: Caption:Motion to approve the appointment of Mr. David W. Fry to the Public Facilities Board representing District 7. 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 3/3/2009 2:00 PM Julian Allen Department: Caption:Motion to approve the appointment of Mr. Julian Allen to the Augusta Ports Authority representing District 8. 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 3/3/2009 2:00 PM SPLOST Phase VI Department: Caption:Motion to approve the Special Local Option Sales Tax (SPLOST) Phase VI Referendum Resolution. 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 3/3/2009 2:00 PM Affidavit Department: Caption:Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo