HomeMy WebLinkAbout2009-08-18-Meeting Agenda
Commission Meeting Agenda
Commission Chamber
8/18/2009
2:00 PM
INVOCATION:
Reverend Christopher J. Waters, Pastor Thankful Baptist Church.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
Five (5) minute time limit per delegation
DELEGATIONS
A. Mr. Dan Walton, Executive Director. RE: Update from Richmond County Medical
Society Project Access.
Attachments
B. Ms. Sandy Lawrence. RE: Zoning petition 411 Pleasant Home Road.
Attachments
CONSENT AGENDA
(Items 1-33)
PLANNING
1. Z-09-35 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Shirley Lee, on behalf of James W. Pee
requesting a Special Exception to establish a Family Personal Care Home per Section
26-1 (h) of the Comprehensive Zoning Ordinance for Augusta-Richmond County
affecting property containing .39 acres and known as 4318 Wild Rose Drive. (Tax
Map 194-0-096-00-0) DISTRICT 8
Attachments
2. FINAL PLAT – SOUTHAMPTON, SECTION 3 – S-777 – A request for
concurrence with the Augusta-Richmond County Planning Commission to approve
a petition by Southern Partners, on behalf of COEL Development Co., requesting
final plat approval for Southampton, Section 3. This residential subdivision is located
at Ardwick Drive, adjacent to Southampton, Section 5 and contains 49 lots.
Attachments
3. Z-09-39 - A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Jacqueline Aikens on behalf of Krishan Vaid,
Attachments
requesting a Special Exception to establish a Congregate Personal Care Home in a P-
1 (Professional) Zone per Section 20-2 (b) of the Comprehensive Zoning Ordinance
for Augusta-Richmond County affecting property containing .75 acres and known as
2136 and 2138 Circular Drive (Tax Map 098-3-221-00-0) DISTRICT 2
4. Z-09-41 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Johnnie M. Kelly requesting a Special
Exception to establish a Family Personal Care Home per Section 26-1 (h) of the
Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property
containing .26 acres and known as 2415 Amsterdam Drive. (Tax Map 082-0-378-00-
0) DISTRICT 4
Attachments
PUBLIC SERVICES
5. Motion to approve New application: A. N. 09 - 87: request by Chris Bentley for a
retail package Liquor, Beer & Wine license to be used in connection with the The
Bottle Shop located at 240 Davis Rd. District 7. Super District 10. (Approve by
Public Services Committee August 10, 2009)
Attachments
6. Motion to approve New Application: A. N. 09 - 88: request by Brad Usry for an on
premise consumption Liquor license to be used in connection with Fat Man's
Riverfront Cafe located at #1 Seventh St. District 1. Super District 9. (Approved by
Public Services Committee August 10, 2009)
Attachments
7. Motion to approve New Application: A. N. 09 - 89: request by Pamela Hall for an
on premise consumption Liquor, Beer & Wine license to be used in connection with
The Grill located at 553 & 59 Broad St. There will be Dance. District 1. Super
District 9. (Approved by Public Services Committee August 10, 2009)
Attachments
8. Motion to approve New Ownership Application: A. N. 09 - 90: request by Thomas
Jastrom for an on premise consumption Liquor, Beer & Wine license to be used in
connection with TMJH, Inc. DBA T Bones located at 2856 Washington Rd. There
will be Sunday Sales. District 7. Super District 10. (Approved by Public Services
Committee August 10, 2009)
Attachments
9. Motion to approve New Application: A. N. 09 - 92: request by Brenda Thorington
for an on premise consumption Beer license to be used in connection with Pizza Hut
#2022 located at 2519 Tobacco Rd. There will be Sunday Sales. District 4. Super
District 9. (Approved by Public Services Committee August 10, 2009)
Attachments
10. Motion to approve New Application: A. N. 09 - 93: request by Brenda Thorington Attachments
for an on premise consumption Beer license to be used in connection with Pizza Hut
#2020 located 615 15th St. There will be Sunday Sales. District 1. Super District 9.
(Approved by Public Services Committee August 10, 2009)
11. Motion to approve New Ownership Application: A. N. 09 - 94: request by Im Suk
Yu for a retail package Beer & Wine license to be used in connection with Illsan
You, LLC DBA One Stop Convenience Store located at 2382 Barton Chapel Rd.
District 5. Super District 9. (Approved by Public Services Committee August 10,
2009)
Attachments
12. Motion to approve New Ownership Application: A. N. 09 - 95: request by
Suhashbhai A. Patel for a retail package Beer & Wine license to be used in
connection with Vadeshwar, Inc. DBA Wallys located at 4250 Windsor Spring Rd.
District 6. Super District 10. (Approved by Public Services Committee August 10,
2009)
Attachments
13. Motion to approve emergency repairs to the riverside tail gate cylinder at the locks at
Lock and Dam Park to C. W. Hayes Mechanical for $12,500.(Approved by Public
Services Committee August 10, 2009)
Attachments
14. Motion to approve cost-sharing in the amount of $9,000 with First Tee of Augusta
for the erection of a fence to address security issues. (Approved by Public Services
Committee August 10, 2009)
Attachments
15. Motion to approve the naming of the park road at Jamestown Community Center.
(Approved by Public Services Committee August 10, 2009)
Attachments
16. Motion to award contract to Commins Construction in the amount of $86,400.00
to install low voltage wiring for new main library. (Approved by Public Services
Committee August 10, 2009)
Attachments
17. Motion to approve Valueboards Contract. (Approved by Public Services
Committee August 10, 2009)
Attachments
ADMINISTRATIVE SERVICES
18. Motion to approve hiring temporary administrative support for the EEO Office to
assist the Law Department with the daily administrative activities of the EEO Office.
(Approved by Administrative Services Committee August 10, 2009)
Attachments
19. Motion to approve of an Ordinance amending Ordinance No. 6508 which amends the
Augusta-Richmond County Code, Section 2-4-20 to expand the existing Laney-
Walker Enterprise Zone to include Bethlehem Neighborhood. (Approved by
Commission August 4, 2009 - second reading)
Attachments
20. Motion to deny a request from Hall Marketing for a waiver in reference to the Non-
Compliance” status they received at the bid opening for RFQ 09-103
Communications Strategy and Marketing Plans for Housing and Community
Development Department on May 28, 2009. (Approved by Administrative Services
Committee August 10, 2009)
Attachments
PUBLIC SAFETY
21. Motion to approve a grant application by the Augusta Judicial Circuit for a grant
award regarding the Unified Circuit Plan Application for Byrne JAG Funding in
association with the American Reinvestment and Recovery Act. No matching funds
are required. (Approved by Public Safety Committee August 10, 2009)
Attachments
22. Motion to approve a 2009 budget amendment for the 2009 Edward Byrne Memorial
Justice Assistance Grant Program (JAG) to reflect increased revenue in the amount of
$142,397 which will be utilized to continue funding the Mobile Data Termina (MDT)
Program. (Approved by Public Safety Committee August 10, 2009)
Attachments
23. Motion to approve a Resolution reaffirming the necessity of 911 and the wireless
enhanced 911 charges. (Approved by Public Safety Committee August 10, 2009)
Attachments
FINANCE
24. Motion to approve the compensation for the Acting Judge appointed to hold court
during the absence of the Probate Judge funded from Contingency fund. (Approved
by Finance Committee August 10, 2009)
Attachments
25. Motion to approve the posting of the general fund check register on the city web
site. (Approved by Finance Committee August 10, 2009)
Attachments
26. Motion to approve transfer of portions of Augusta located on Deans Bridge Road
near the intersection of Wyevale Road and Windermere Drive to the Land Bank
Authority for $10,000.00 per acre for the purpose of selling same for redevelopment
purposes and to authorize the Mayor and Clerk of Commission to execute such
documents as necessary to consummate the transaction, all in form as approved by the
Attachments
General Counsel.(Approved by Finance Committee August 10, 2009)
ENGINEERING SERVICES
27. Motion to approve the award of the contract to Thompson Building Wrecking Co.,
Inc in the amount of $44,400.00 on Capital Project Budget #323-041110-296823215
Number Ten for the demolition of residential buildings for the Alexander Drive
project, subject to receipt of signed contracts and proper bonds for the Engineering
Department. Funds are available in the project Right of Way account. (Approved by
Engineering Services Committee August 10, 2009)
Attachments
28. Motion to approve Bid Award contract to Mabus Brothers Construction Company,
Inc. in the amount of $ 1,145,728.50. This award will include relocation of existing
water mains in conflict with new construction as well as construction of new water
and sanitary sewer mains in the area of the Alexander Drive Widening project. .
(Approved by Engineering Services Committee August 10, 2009)
Attachments
29. Motion to approve Change Order to Quality Storm Water Solutions, LLC. in the
amount of $16,331.00 for the construction of two new storm boxes and the relocation
of an existing power pole. (Approved by Engineering Services Committee August
10, 2009)
Attachments
30. Motion to approve Georgia Power Governmental Encroachment Agreement # 31166
and Municipal Electric Authority of Georgia Governmental Encroachment Agreement
#31167. (Approved by Engineering Service Committee August 10, 2009)
Attachments
31. Motion to approve emergency award for a contract with Blair Construction, Inc. for
services associated with construction of the 6th Street Emergency Sewer Repair
Project in the amount of $840,842.78. Bid item #09-138 (Approved by Engineering
Services Committee August 10, 2009)
Attachments
32. Motion to approve Utilities' purchase of Warehouse Pallet Rack Shelving and
Furniture for the New Wylds Road Location. (Approved by Engineering Services
Committee August 10, 2009)
Attachments
PETITIONS AND COMMUNICATIONS
33. Motion to approve the minutes of the regular meeting of the Commission held on
August 4, 2009.
Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
8/18/2009
AUGUSTA COMMISSION
REGULAR AGENDA
8/18/2009
(Items 34-41)
PLANNING
34. Z-09-34 - A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Belinda Winfrey requesting a Special
Exception to establish a Family Personal Care Home per Section 26-1 (h) of the
Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property
containing .22 acres and is known as 1833 Empress Court. (Tax Map 122-3-207-00-0)
(Referred back to the Planning Commission by the Augusta Commission at the
July 21, 2009 meeting)DISTRICT 6
Attachments
35. Z-09-31 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Augusta Neighborhood Improvement Corp.
(ANIC), on behalf of ANIC, Basic Holdings and the Land Bank Authority, requesting
a change of zoning from Zone R-1C (One-family Residential) and Zone B-2
(General Business) to Zone R-1E (One-family Residential) affecting
property beginning at a point located where the southeast right-of-way line of James
Brown Boulevard intersects the northeast right-of-way line of Hopkins Street and
containing approximately 2.6 acres and contains multiple parcels. A complete list of
the parcels is available in the Planning Commission office. DISTRICT 1
Attachments
36. Z-09-40 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Piyush Patel, on behalf of Marjorie McAmis
Living Trust, requesting a Special Exception in a B-1 (Neighborhood Business)
Zone to establish a convenience store (gas/food mart) per Section 21-2 (b) of the
Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property
containing 1.02 acres and known as 3330 and 3334 Deans Bridge Road. (Tax Map
107-0-048-00-0 and 107-0-049-00-0) DISTRICT 5
Attachments
37. Z-09-42 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve with the following conditions 1) that the use of this property
be limited to a congregate personal care home or those uses allowed in an R-1 (One-
family Residential) Zone and 2) no additional buildings or additions to existing
buildings shall be permitted on this property except that existing buildings may be
repaired or replaced; a petition by Kenneth Dyer, on behalf of Sopramco CV6 LLC,
Attachments
Upcoming Meetings
www.augustaga.gov
requesting a change of zoning from Zone R-1 (One-family Residential) to Zone R-
3C (Multiple-family Residential) affecting property containing 5.72 acres and
known as 411 Pleasant Home Road (Tax Map 016-0-048-00-0) DISTRICT 7
ADMINISTRATIVE SERVICES
38. Motion to ratify Augusta's application/request submission for a grant award from
HUD's Neighborhood Stabilization Program 2 in association with the American
Reinvestment and Recovery Act. (Deferred from the August 4, 2009 Commission
meeting)
Attachments
ADMINISTRATOR
39. Report from the Administrator regarding on-going projects.
Attachments
OTHER BUSINESS
40. Discuss/update path forward relative to TEE Center. (Requested by Commissioner
Joe Jackson)
Attachments
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
41. Motion to authorize execution by the Mayor of the affidavit of compliance with
Georgia's Open Meeting Act.
Commission Meeting Agenda
8/18/2009 2:00 PM
Invocation
Department:Clerk of Commission
Caption:Reverend Christopher J. Waters, Pastor Thankful Baptist Church.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 1
Commission Meeting Agenda
8/18/2009 2:00 PM
Project Access
Department:
Caption:Mr. Dan Walton, Executive Director. RE: Update from Richmond County
Medical Society Project Access.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 2
Commission Meeting Agenda
8/18/2009 2:00 PM
Zoning issue 411 Pleasant Home Road
Department:
Caption:Ms. Sandy Lawrence. RE: Zoning petition 411 Pleasant Home Road.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 3
Attachment number 1
Page 1 of 1
Item # 3
Commission Meeting Agenda
8/18/2009 2:00 PM
Planning Commission
Department:Planning Commission
Caption: Z-09-35 – A request for concurrence with the Augusta-Richmond County
Planning Commission to approve a petition by Shirley Lee, on behalf of
James W. Pee requesting a Special Exception to establish a Family Personal
Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance
for Augusta-Richmond County affecting property containing .39 acres and
known as 4318 Wild Rose Drive. (Tax Map 194-0-096-00-0) DISTRICT 8
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 4
Commission Meeting Agenda
8/18/2009 2:00 PM
Planning Commission
Department:Planning Commission
Caption: FINAL PLAT – SOUTHAMPTON, SECTION 3 – S-777 – A request for
concurrence with the Augusta-Richmond County Planning Commission to
approve a petition by Southern Partners, on behalf of COEL Development
Co., requesting final plat approval for Southampton, Section 3. This
residential subdivision is located at Ardwick Drive, adjacent to
Southampton, Section 5 and contains 49 lots.
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
8/18/2009 2:00 PM
Planning Commission
Department:Planning Commission
Caption: Z-09-39 - A request for concurrence with the Augusta-Richmond County
Planning Commission to approve a petition by Jacqueline Aikens on behalf
of Krishan Vaid, requesting a Special Exception to establish a Congregate
Personal Care Home in a P-1 (Professional) Zone per Section 20-2 (b) of
the Comprehensive Zoning Ordinance for Augusta-Richmond County
affecting property containing .75 acres and known as 2136 and 2138
Circular Drive (Tax Map 098-3-221-00-0) DISTRICT 2
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 6
Commission Meeting Agenda
8/18/2009 2:00 PM
Planning Commission
Department:Planning Commission
Caption: Z-09-41 – A request for concurrence with the Augusta-Richmond County
Planning Commission to approve a petition by Johnnie M. Kelly requesting
a Special Exception to establish a Family Personal Care Home per
Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta-
Richmond County affecting property containing .26 acres and known as
2415 Amsterdam Drive. (Tax Map 082-0-378-00-0) DISTRICT 4
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 7
Commission Meeting Agenda
8/18/2009 2:00 PM
Planning Commission
Department:Planning Commission
Caption: Z-09-34 - A request for concurrence with the Augusta-Richmond County
Planning Commission to approve a petition by Belinda Winfrey requesting
a Special Exception to establish a Family Personal Care Home per
Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta-
Richmond County affecting property containing .22 acres and is known as
1833 Empress Court. (Tax Map 122-3-207-00-0) (Referred back to the
Planning Commission by the Augusta Commission at the July 21, 2009
meeting)DISTRICT 6
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 8
Commission Meeting Agenda
8/18/2009 2:00 PM
Planning Commission
Department:Planning Commission
Caption: Z-09-31 – A request for concurrence with the Augusta-Richmond County
Planning Commission to approve a petition by Augusta Neighborhood
Improvement Corp. (ANIC), on behalf of ANIC, Basic Holdings and the
Land Bank Authority, requesting a change of zoning from Zone R-1C
(One-family Residential) and Zone B-2 (General Business) to Zone R-
1E (One-family Residential) affecting property beginning at a point located
where the southeast right-of-way line of James Brown Boulevard intersects
the northeast right-of-way line of Hopkins Street and containing
approximately 2.6 acres and contains multiple parcels. A complete list of the
parcels is available in the Planning Commission office. DISTRICT 1
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 9
Commission Meeting Agenda
8/18/2009 2:00 PM
Planning Commission
Department:Planning Commission
Caption: Z-09-40 – A request for concurrence with the Augusta-Richmond County
Planning Commission to approve a petition by Piyush Patel, on behalf of
Marjorie McAmis Living Trust, requesting a Special Exception in a B-1
(Neighborhood Business) Zone to establish a convenience store (gas/food
mart) per Section 21-2 (b) of the Comprehensive Zoning Ordinance for
Augusta-Richmond County affecting property containing 1.02 acres and
known as 3330 and 3334 Deans Bridge Road. (Tax Map 107-0-048-00-0
and 107-0-049-00-0) DISTRICT 5
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 10
Commission Meeting Agenda
8/18/2009 2:00 PM
Planning Commission
Department:Planning Commission
Caption: Z-09-42 – A request for concurrence with the Augusta-Richmond County
Planning Commission to approve with the following conditions 1) that the
use of this property be limited to a congregate personal care home or those
uses allowed in an R-1 (One-family Residential) Zone and 2) no additional
buildings or additions to existing buildings shall be permitted on this
property except that existing buildings may be repaired or replaced; a
petition by Kenneth Dyer, on behalf of Sopramco CV6 LLC, requesting a
change of zoning from Zone R-1 (One-family Residential) to Zone R-3C
(Multiple-family Residential) affecting property containing 5.72 acres and
known as 411 Pleasant Home Road (Tax Map 016-0-048-00-0)
DISTRICT 7
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 11
Commission Meeting Agenda
8/18/2009 2:00 PM
Alcohol application
Department:License & Inspections
Caption:Motion to approve New application: A. N. 09 - 87: request by Chris
Bentley for a retail package Liquor, Beer & Wine license to be used in
connection with the The Bottle Shop located at 240 Davis Rd. District 7.
Super District 10. (Approve by Public Services Committee August 10,
2009)
Background:This is a new application. The applicant has a license at the Snug Tavern.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $2117.50.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 12
Attachment number 1
Page 1 of 2
Item # 12
Attachment number 1
Page 2 of 2
Item # 12
Commission Meeting Agenda
8/18/2009 2:00 PM
alcohol application
Department:License & Inspections
Caption:Motion to approve New Application: A. N. 09 - 88: request by Brad Usry
for an on premise consumption Liquor license to be used in connection with
Fat Man's Riverfront Cafe located at #1 Seventh St. District 1. Super District
9. (Approved by Public Services Committee August 10, 2009)
Background:The applicant already has a beer & wine license.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $1512.50.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
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
8/18/2009 2:00 PM
alcohol application
Department:License & Inspections
Caption:Motion to approve New Application: A. N. 09 - 89: request by Pamela Hall
for an on premise consumption Liquor, Beer & Wine license to be used in
connection with The Grill located at 553 & 59 Broad St. There will be
Dance. District 1. Super District 9. (Approved by Public Services
Committee August 10, 2009)
Background:This is a new application.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $2227.50.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 14
Attachment number 1
Page 1 of 2
Item # 14
Attachment number 1
Page 2 of 2
Item # 14
Commission Meeting Agenda
8/18/2009 2:00 PM
alcohol application
Department:License & Inspections
Caption:Motion to approve New Ownership Application: A. N. 09 - 90: request by
Thomas Jastrom for an on premise consumption Liquor, Beer & Wine
license to be used in connection with TMJH, Inc. DBA T Bones located at
2856 Washington Rd. There will be Sunday Sales. District 7. Super District
10. (Approved by Public Services Committee August 10, 2009)
Background:This is a new ownership application. Formerly in name of Jerald Scheer.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $3327.50.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 15
Attachment number 1
Page 1 of 2
Item # 15
Attachment number 1
Page 2 of 2
Item # 15
Commission Meeting Agenda
8/18/2009 2:00 PM
alcohol application
Department:License & Inspections
Caption:Motion to approve New Application: A. N. 09 - 92: request by Brenda
Thorington for an on premise consumption Beer license to be used in
connection with Pizza Hut #2022 located at 2519 Tobacco Rd. There will
be Sunday Sales. District 4. Super District 9. (Approved by Public Services
Committee August 10, 2009)
Background:This is a new application.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $1532.50.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 16
Attachment number 1
Page 1 of 2
Item # 16
Attachment number 1
Page 2 of 2
Item # 16
Commission Meeting Agenda
8/18/2009 2:00 PM
alcohol application
Department:License & Inspections
Caption:Motion to approve New Application: A. N. 09 - 93: request by Brenda
Thorington for an on premise consumption Beer license to be used in
connection with Pizza Hut #2020 located 615 15th St. There will be Sunday
Sales. District 1. Super District 9. (Approved by Public Services
Committee August 10, 2009)
Background:This is a new application.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $1512.50
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 17
Attachment number 1
Page 1 of 2
Item # 17
Attachment number 1
Page 2 of 2
Item # 17
Commission Meeting Agenda
8/18/2009 2:00 PM
alcohol application
Department:License & Inspections
Caption:Motion to approve New Ownership Application: A. N. 09 - 94: request by
Im Suk Yu for a retail package Beer & Wine license to be used in
connection with Illsan You, LLC DBA One Stop Convenience Store located
at 2382 Barton Chapel Rd. District 5. Super District 9. (Approved by
Public Services Committee August 10, 2009)
Background:This is a new ownership application.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $110.00.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 18
Attachment number 1
Page 1 of 2
Item # 18
Attachment number 1
Page 2 of 2
Item # 18
Commission Meeting Agenda
8/18/2009 2:00 PM
Alcohol application
Department:License & Inspections
Caption:Motion to approve New Ownership Application: A. N. 09 - 95: request by
Suhashbhai A. Patel for a retail package Beer & Wine license to be used in
connection with Vadeshwar, Inc. DBA Wallys located at 4250 Windsor
Spring Rd. District 6. Super District 10. (Approved by Public Services
Committee August 10, 2009)
Background:This is a new ownership application. Formerly in the name of Salim
Gaulani.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated 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:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 19
Attachment number 1
Page 1 of 2
Item # 19
Attachment number 1
Page 2 of 2
Item # 19
Commission Meeting Agenda
8/18/2009 2:00 PM
Emergency Repairs to Riverside Gate at Lock & Dam
Department:Tom F. Beck, Director, Recreation and Parks Department
Caption:Motion to approve emergency repairs to the riverside tail gate cylinder at
the locks at Lock and Dam Park to C. W. Hayes Mechanical for $12,500.
(Approved by Public Services Committee August 10, 2009)
Background:C. W. Hayes was issued a purchase order to do some on-site repairs to the
gate cylinders at Lock and Dam. Upon exploration, it was found that the
repairs required were much more extensive than originally predicted and
could not be done on-site.
Analysis:The work that was to be done originally on-site could not be done. Because
of the age of the equipment and to properly make the required repairs, the
riverside cylinder had to be removed by crane, taken to the mechanical shop,
disassembled , repaired, re-assembled and returned on site for installation.
Withour these repairs, the gates could not properly work, thus not allowing
any boats to be locked upstream nor downstream.(See Attached)
Financial Impact:Prior authorization as an emergency was approved by the Procurement
Department and the Administrator. Funds have been identified for these
emergency repairs.
Alternatives:1. To approve. 2. Move no action thus delaying the reqiured repairs that
would allow the locks at Lock and Dam Park to function properly.
Recommendation:1. To approve the emergency repairs to the locks at Lock and Dam Park to
C. W. Hayes for $12,500.
Funds are Available in
the Following
Accounts:
104061712 - 5412110
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 20
Attachment number 1
Page 1 of 3
Item # 20
Attachment number 1
Page 2 of 3
Item # 20
Attachment number 1
Page 3 of 3
Item # 20
Commission Meeting Agenda
8/18/2009 2:00 PM
First Tee of Augusta
Department:Recreation and Parks
Caption:Motion to approve cost-sharing in the amount of $9,000 with First Tee of
Augusta for the erection of a fence to address security issues. (Approved by
Public Services Committee August 10, 2009)
Background:see attached letter from First Tee.
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 21
Attachment number 1Page 1 of 1
Item # 21
Commission Meeting Agenda
8/18/2009 2:00 PM
Jamestown Community Center
Department:Recreation and Parks
Caption:Motion to approve the naming of the park road at Jamestown Community
Center. (Approved by Public Services Committee August 10, 2009)
Background:See attached letter from Sand Ridge Community Assoc.
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 22
Attachment number 1
Page 1 of 1
Item # 22
Commission Meeting Agenda
8/18/2009 2:00 PM
Low Voltage for New Main Library
Department:Library
Caption:Motion to award contract to Commins Construction in the amount of
$86,400.00 to install low voltage wiring for new main library. (Approved
by Public Services Committee August 10, 2009)
Background:A request for proposals was sent out and three bids were received. The
lowest bid was from Commins Construction for $86,400.00.
Analysis:$86,400.00 is the lowest bid. Highest is $120,750.00. This is to provide the
wiring for computer data lines and telephones.
Financial Impact:$86,400,
Alternatives:Go with a higher bid.
Recommendation:Go with lowest bid.
Funds are Available in
the Following
Accounts:
SPLOST 324-05-1120/202150320 325-05-1120/206251001
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 23
Item # 23
Item # 23
Item # 23
Item # 23
Item # 23
Item # 23
Item # 23
Commission Meeting Agenda
8/18/2009 2:00 PM
Valueboards Contract
Department:Daniel Field Airport
Caption:Motion to approve Valueboards Contract. (Approved by Public Services
Committee August 10, 2009)
Background:Valueboards Outdoor Advertising has a billboard on airport property. The
contract allowing placement on airport property has expired.
Analysis:The General Aviation Commission negotiated a new five year contract with
this company.
Financial Impact:This new contract raises the rental fee from $360 per year to $1,700 per year
and will provide additional revenue for operation of the airport. This
addition revenue will be included in the 2010 budget.
Alternatives:Deny request
Recommendation:Approve this contract with Valueboards Outdoor Advertising.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 24
AUGUSTA RICHMOND COUNTY
AND
VALUEBOARDS OUTDOOR ADVERTISING
LEASE AGREEMENT
THIS AGREEMENT dated this ______ day of June, 2009 is by and between Augusta
Richmond County , a body corporate and politic created by the General Assembly of the State of
Georgia (“Landlord”), whose address is 530 Greene St. Augusta, GA 30901 and ValueBoards
Outdoor Advertising, whose address is 111 10th Street, Augusta, Georgia 30901 (hereinafter
ValueBoards). Said lease affects property located at Daniel Field Airport (hereinafter the
Airport).
For and in consideration of the Premises described below, Landlord and ValueBoards
agree as follows:
1. PROPERTY. Landlord is the owner of that certain real property (the “Property”)
known as 3090 Wrightsboro Road, Augusta, GA 30909, which Property is more particularly
described on Exhibit “A” attached hereto and incorporated herein by this reference.
2. LEASED PROPERTY. Landlord hereby grants and leases to ValueBoards and
ValueBoards accepts the grant and leases from Landlord that certain portion of the Property,
being an area 3 feet by 3 feet (the “Premises”) which is rendered on the site plan attached hereto
as Exhibit “B” and incorporated herein by reference, to have and to hold upon the terms and
conditions contained in this Lease.
3. TERM. The Principal Term shall be for a period of Five (5) years and shall
commence upon the acceptance and delivery of this lease by the Landlord and continue until
terminated the earlier of either upon thirty (30) days prior written notice, for any reason, by
either party.
4. RENT and LATE PAYMENTS. ValueBoards shall pay rent to Landlord yearly
in the amount of $1,700 per year to lease said Property. Said rent is due upon the execution and
delivery of the contract by the Landlord and shall be paid each subsequent year on that same
date. Rent shall be made payable to the General Aviation Commission and mailed to:
DANIEL FIELD
1775 HIGHLAND AVE
AUGUSTA, GA 30904
Attn: Airport Manager
Attachment number 1
Page 1 of 10
Item # 24
2
In the event LANDLORD fails to receive any rental payment within 15 days after the
same is due, a Late Payment penalty equal to 10% of such payment shall be charged to
ValueBoards. In the event ValueBoards shall become delinquent for more than 45 days, this
Lease may be terminated by LANDLORD as further defined in Section 22 Default.
5. LIMITATIONS ON USE BY VALUEBOARDS. The Premises shall be used
for the display of a billboard and related ancillary purposes and for no other purposes. In
connection with the exercise of its rights under this Agreement, ValueBoards shall not:
a. Do or permit its agents, employees, directors, or officers to do anything at
or about the Airport that may interfere with the effectiveness or
accessibility of the drainage and sewage system, electrical system, air
conditioning system, fire protection system, sprinkler system, alarm
system, and fire hydrants and hoses, if any, installed or located on or
within the premises of the Airport.
b. Do or permit its agents, employees, directors, or officers to do any act or
thing upon the Airport that will invalidate or conflict with any fire or other
casualty insurance policies covering the Airport or any part thereof.
c. Bring, keep or store, at any time, flammable or combustible liquids on the
premises, except in storage containers especially constructed for such
purposes in accordance with federal, state, and county laws, including the
Uniform Fire Code and the Uniform Building Code. For the purposes of
this agreement, flammable or combustible liquids shall have the same
definitions as set forth in the most recent Uniform Fire Code.
d. .Do or permit its agents, employees, directors, or officers to do any act or
thing upon the Airport that will jeopardize the Airport's operating
certificate.
e. Do or permit its agents, employees, directors, or officers to do any act or
thing in conflict with the Airport's security plan.
f. The Premises shall not be used for any illegal purposes, nor in violation of
Federal Aviation Administration (FAA), TSA and/or the Airport’s rules or
regulations, asamended from time to time, or any regulation of any other
governmental entity.
g. Use the Premises in any manner that will create any nuisance or trespass
with respect to other tenants; constitute any unreasonable annoyances,
obstruction or interference with operations; or in any manner interfere
with, obstruct, block or violate in any manner, the navigable airspace
above the Airport in compliance with 14 C.F.R. § 77.5 and/or other
regulations as implemented by the Airport, the FAA or as may be
implemented by the TSA. ValueBoards shall promptly remove its
billboard if it becomes an obstacle in the airspace above the Airport.
Attachment number 1
Page 2 of 10
Item # 24
3
h. Install any billboard not in compliance with the Augusta Richmond
County zoning and/or sign ordinances or make any modifications to any
billboard which shall violate the zoning and/or sign ordinances.
6. EASEMENT. ValueBoards is hereby granted an easement for vehicular and
pedestrian ingress and egress and access across, over, to, from and between the Property, any
adjacent property owned or controlled by Landlord, and the Premises, to erect, maintain, service,
remove and reposition (if subsequently necessary) an outdoor advertising and/or
media/communication structure (such structure, including necessary supports, footings, lighting
and electrical devices, power poles and connections are hereinafter collectively referred to as the
“Billboard”) on the Property for such use or uses as permitted by law and by this Lease.
However, ValueBoards’ installation of any lighting shall be subject to the approval of the Airport
and the FAA. The foregoing easement includes all necessary areas over, across and under the
Property to provide for the construction, maintenance, service and display of advertising copy,
repositioning and removal of the Billboard and to provide for the installation and maintenance of
electrical and telephone/communication service to the Billboard, if necessary. Landlord further
grants an easement to ValueBoards, together with air space, for the purpose of overhang of the
Billboard onto the Property.
7. EXCLUSIVE POSSESSION. As of the commencement date of this Lease and
for so long there is no breach of its obligations and duties set forth herein, ValueBoards shall
remain in the exclusive possession of the Premises subject to the right of others to use the
common areas adjoining or contiguous to the Premises.
8. ASSIGNMENT AND SUBLETTING. ValueBoards shall not sublet all or any
portion of the Premises, nor assign or transfer this right of occupancy, or modify the permitted
use, without prior written consent of the Landlord.
9. UTILITY CHARGES. ValueBoards agrees to directly contract and pay for all
charges for the hookup (if any) and its actual usage of any utilities or services, including without
limitation, electricity, gas, trash and waste services.
10. ALTERATIONS, MAINTENANCE AND REPAIRS. No structural changes,
alterations or additions to the Premises shall be made by ValueBoards without prior written
consent of the Landlord, both as to whether the alterations may be made and as to how and when
they will be made. All costs associated with said alterations and/or improvements shall be the
sole responsibility of ValueBoards. Prior to the start of any construction all applicable licenses,
site plan approvals and building permits must be obtained. Additionally, ValueBoards shall
submit any forms required by the FAA.
11. ENTRY AND INSPECTION. ValueBoards shall permit the Landlord and its
employees, agents, and contractors at all reasonable times during normal business hours and at
any time in case of emergency, in such manner as to cause as little disturbance to ValueBoards as
reasonably practicable to enter upon the Premises for the purpose of inspecting and/or
maintaining the same as necessary.
Attachment number 1
Page 3 of 10
Item # 24
4
12. LANDLORD’S COVENANTS. Landlord covenants and warrants that Landlord
is either the owner, agent of the owner, or an authorized lessee of and power to sublease the
Property and that Landlord has full power and authority to enter into and perform under the
covenants of this Lease, including, without limitation, leasing the Premises and authorizing the
construction of the Billboard at the location provided. Landlord grants to ValueBoards quiet and
peaceful enjoyment of the Premises during the Term of this Lease. Landlord and ValueBoards
agree that this Lease or a Memorandum hereof may be recorded in the appropriate real estate
records or the county in which the Property is located.
13. NO OBSTRUCTIONS. Subject to Airport, FAA and/or TSA regulations, rules
and requirements, the Landlord agrees not to erect, place, construct or maintain any
improvement, structure, display, vegetation (including any trees, shrubs, or other vegetation), or
any other object on the Property, which would in any manner, partially or completely, obscure or
obstruct the view(s) of ValueBoards Billboard, or permit any third party, over which it can
exercise control, to do so. ValueBoards has the right to cut and/or remove any obscuring or
obstructing vegetation at its expense. ValueBoards shall promptly remove its billboard if it
becomes an obstacle in the airspace above the Airport.
14. INDEMNITY AND INSURANCE
a. ValueBoards shall indemnify, defend and hold the Landlord harmless from
and against any and all injury, loss, damage or liability (or any claims in
respect of the foregoing), costs or expenses (including reasonable attorneys'
fees and court costs) arising directly or indirectly out of the use,
maintenance, or repair of the Premises or ValueBoards’ breach of any
provision of this Lease, except to the extent solely attributable to the gross
negligence or intentional act or omission of the Landlord, its employees, or
agents.
b. ValueBoards agrees to carry, at its own cost and expense, general liability
insurance in the amount of One Million Dollars ($1,000,000.00) during the
Term of this Lease. The Certificate of Insurance must name Augusta
Richmond County, its Board of Commissioners, and the General Aviation
Commission as additional insureds. Such insurance shall be provided to the
Airport Director prior to the start of any construction. Any changes in the
insurance policy shall be immediately reported to the Landlord.
c. ValueBoards shall report any accidents involving personal injury,
automobile or property damage occurring on the Airport to the Airport
Manager as soon as practicable, and in no event later than 48 hours after
such occurrence.
15. AIRPORT SECURITY/ACCESS. ValueBoards, at its sole expense, shall be
responsible to comply with any and all security requirements arising out of its use or occupation
of the Premises:
Attachment number 1
Page 4 of 10
Item # 24
5
a. ValueBoards shall notify the Airport Manager in advance, providing date and
approximate time, of any planned maintenance, service or installations.
b No person may operate any motor vehicle on the Airport without a valid
Operator’s license. All ValueBoards employees or agents shall attend Airport
ground vehicle operation and access training prior to being permitted to drive
on the Airport to service the billboard to ensure that they have the appropriate
level of Airport rules and regulations. ValueBoards shall be responsible for
the costs of such training and any badging and/or licensing requirements. All
drivers shall comply with airside vehicular traffic regulations.
c. No person shall enter into any Airport operations areas, aircraft parking apron,
taxiway, runway, hanger or other restricted area unless authorized by the
Airport Director or his designee.
d. No materials or equipment shall be left or stacked in such a manner so as to
constitute a hazard to Airport personnel or property.
16. ASSIGNMENT AND SUBLETTING. ValueBoards shall not sublet all or any
portion of the Premises, nor assign or transfer this right of occupancy, or modify the permitted
use, without prior written consent of the Landlord.
17. TERMINATION RIGHT. If at any time (i) the view of ValueBoards’ Billboard
is obscured or obstructed, (ii) the use or installation of such Billboard is prevented or restricted
by law or by ValueBoards’ inability to secure and maintain any necessary permits or licenses;
(iii) ValueBoards is unable, for any period of ninety (90) consecutive days or more, to secure and
maintain a suitable advertising contract for the Billboard; or (iv) Landlord otherwise defaults
hereunder, ValueBoards may, at its option, terminate this Lease by giving Landlord thirty (30)
days written notice.
18. CONVEYANCE. Any transfer or conveyance of the Premises, or any interest
therein to a third party is subject to this Lease. In the event of a change of ownership of the
Property, Landlord agrees to promptly notify ValueBoards and provide the new landlord with a
copy of this Lease. Landlord may terminate this lease in the event the Property is sold or
transferred; however, should Landlord elect not to terminate this lease, any new owner is subject
to this lease through its term.
19. CONDEMNATION. In the event that all or any part of the Premises is acquired
or sought to be acquired by any entity having or delegated the power of eminent domain,
ValueBoards shall be permitted to (i) contest the acquisition or defend against the taking of
ValueBoards’ interest in the Property; (ii) relocate the Billboard and appurtenances onto any
portion of the Premises not acquired or to be acquired; and/or (iii) be compensated from any
award or consideration payable by the acquiring entity for all costs, damages and value loss
incurred by ValueBoards relating to its leasehold, as improved with the Billboard. Landlord
does not waive its rights to exercise its powers of eminent domain.
Attachment number 1
Page 5 of 10
Item # 24
6
20. IMPROVEMENTS. The Billboard, and all the outdoor advertising structures,
power poles, materials and equipment placed on the Property by ValueBoards are and shall
remain the property of ValueBoards and may be removed by ValueBoards at any time prior to or
within sixty (60) days after the termination of this Lease or sooner if directed to do so by
Landlord. At the end of the lease ValueBoards agrees to remove the Billboard and restore the
surface to its natural condition.
21. WAIVER. Failure of any party to insist upon the strict performance of any of the
terms, conditions, and covenants herein shall not be deemed a waiver of any right or remedies
that such party may have, nor shall a waiver on one occasion constitute or be construed as a
waiver of any subsequent breach or default in the terms, conditions, and covenants herein
contained.
22. DEFAULT AND RIGHT TO CURE. ValueBoards shall be deemed in default
and breach of this Lease if:
a. ValueBoards fails to pay its rent when due to the Landlord; or
b. ValueBoards fails to perform any other term or condition under this Lease.
No such failure, however, will be deemed to exist if ValueBoards has
commenced to cure such default within thirty (30) days of the event of
default and provided that such efforts are prosecuted to completion with
reasonable diligence.
c. If ValueBoards remains in default beyond any applicable cure period, the
Landlord will have the right to exercise any and all rights and remedies
available to it under law and equity.
23. MISCELLANEOUS PROVISIONS.
This Lease contains the entire understanding between the parties hereto with respect to
the Premises and there are no promises, agreements, conditions, undertakings, warranties
or representations, oral or written, express or implied, between and among the parties
hereto with respect to the property other than as set forth herein. No change or
modification of the Lease shall be valid unless the same is in writing and signed by all
parties hereto. No purported or alleged waiver of any of the provisions of this Lease shall
be valid or effective unless in writing signed by the party against whom it is sought to be
enforced.
a. The Lease shall be governed by and construed in accordance with the laws
of the State of Georgia without regard to choice of law provisions. Captions
herein are for convenience or reference only and in no way define, limit or
expand the scope or intent of this Lease. Whenever the context hereof shall
so require, the singular shall include the plural, the male gender shall
include the female, and vice versa. This Lease may be executed in two or
more counterparts, all of which together shall constitute but one and the
same Lease. In the event that one or more of the provisions hereof shall be
Attachment number 1
Page 6 of 10
Item # 24
7
held to be illegal, invalid or enforceable, such provisions shall be deemed
severable and the remaining provisions hereof shall continue in full force
and effect.
b. Nothing contained in this Agreement shall be construed to be a waiver of the
Landlord’s sovereign immunity.
c. It is specifically agreed between the parties executing this Lease that it is not
intended by any of the provisions of this Lease to create in the public or any
member thereof, third party beneficiary status in connection with the
performance of the obligations herein.
d. Nothing contained in this Agreement shall be construed to be a waiver of
any individual's qualified good faith immunity.
e. ValueBoards understands that all operations, uses and occupancy of the
Premises must be in strict compliance with all TSA, FAA, Airport rules and
regulations, grant requirements, rules and regulations, and related provisions
for airport use and operations without restrictions or limitations.
ValueBoards further agrees that, in the event there is a question of
interpretation, it will comply with the Landlord’s interpretation of such
requirements, rules, laws and regulations, as and when notified by the
Landlord of its interpretation, time being of the essence. This provision
supersedes any other provision of this Lease which may be in conflict
therewith. Any default by ValueBoards shall permit the Landlord to
immediately terminate the Lease as a non-exclusive remedy.
f. All leased property shall be maintained in such condition of repair,
cleanliness and general maintenance as shall be acceptable to the Airport
and the Landlord.
g. ValueBoards’s refusal to comply with the rules and regulations of the
Airport shall, after written request to do so by the Airport or the Landlord,
shall be requested to leave the Airport.
24. NOTICE. All notices are effective upon dispatch and must be in writing and
delivered by mail, personal delivery or commercial courier to Landlord and ValueBoards at the
respective addresses set forth above.
25. CHOICE OF LAW, JURISDICTION, VENUE. This Lease shall be governed
and construed in accordance with the laws of the State of Georgia. In any action or proceeding
arising under this Lease, the Superior Court of Richmond County, Georgia, and/or the United
States District Court for the Southern District of Georgia, Augusta Division, shall have and may
exercise exclusive personal jurisdiction over all of the parties hereto, and in any such action or
proceeding venue shall be proper in either of said courts. In any such action or proceeding,
Attachment number 1
Page 7 of 10
Item # 24
8
service of process upon any party may be perfected, in addition to any other manner provided by
applicable law, by personal delivery or by mail in accordance with Section 24 hereof.
26. ENTIRE AGREEMENT. This Lease represents and constitutes the entire
understanding between the parties and supersedes all other agreements and communications
between the parties, whether oral or written, concerning the subject matter herein. Any
amendment to this Lease must be in writing and signed by the parties hereto and adopted in the
same fashion as this Lease.
27. SUCCESSOR AND ASSIGNS. The terms and conditions of this Lease shall be
binding upon and inure to the benefit of the parties hereto and their respective heirs, personal and
legal representatives, Successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Lease under seal on the date
above written.
(L.S.) Date:
ValueBoards Outdoor Advertising
Landlord Signature
By: (L.S.)
Print Name/Title if Corporation or Partnership W. Stuart Rayburn,
Owner
Address
Phone Tax Identification No.
SIGNED, SEALED and DELIVERED SIGNED, SEALED and DELIVERED
this ______ day of __________________, 20___ this ____ day of __________, 20___
Witness Witness
Notary Public Notary Public
Acceptance Date Acceptance Date
Attachment number 1
Page 8 of 10
Item # 24
9
EXHIBIT “A”
Description
That certain part of 3090 Wrightsboro Road that is located within the fence of Daniel field
at the corner of Damascus and Wrightsboro approximately 15’ inside the fence from
Wrightsboro Road and approximately 6’ inside the fence of Damascus Road.
Attachment number 1
Page 9 of 10
Item # 24
10
EXHIBIT “B”
Site Plan
Attachment number 1
Page 10 of 10
Item # 24
Commission Meeting Agenda
8/18/2009 2:00 PM
Approve Hiring Temporary Administrative Support for the EEO Office.
Department:Human Resources
Caption:Motion to approve hiring temporary administrative support for the EEO
Office to assist the Law Department with the daily administrative activities
of the EEO Office. (Approved by Administrative Services Committee
August 10, 2009)
Background:The EEO Coordinator and the Administrative Assistant positions for
Augusta are currently vacant and the duties of the department have been
assumed by the Law Department until a new EEO Coordinator is selected.
The additional duties have strained the administrative staff of the Law
Department and it is necessary to bring in a temp to assist with the daily
administrative operations of the EEO office.
Analysis:Hiring a temporary employee will greatly assist the Law Department in the
daily operations of the EEO Office and could also potentially be a major
asset during the transitional period when a new EEO Coordinator is named.
Financial Impact:The funds are available in the EEO Office budget
Alternatives:Do not approve hiring temporary administrative support for the EEO Office.
Recommendation:Approve hiring temporary administrative support for the EEO Office thru
the end of FY09.
Funds are Available in
the Following
Accounts:
available in account 101-077120, but need to be moved from Perm S&W
down to line item for temp staffing. dbw
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 25
Commission Meeting Agenda
8/18/2009 2:00 PM
Enterprise Zone Expansion - LW/Bethlehem
Department:Housing and Community Development Department
Caption:Motion to approve of an Ordinance amending Ordinance No. 6508 which
amends the Augusta-Richmond County Code, Section 2-4-20 to expand the
existing Laney-Walker Enterprise Zone to include Bethlehem
Neighborhood. (Approved by Commission August 4, 2009 - second
reading)
Background:In 1997, the Georgia General Assembly created the “Georgia Enterprise
Zone Employment Act of 1997”. The purpose of this act was to allow local
governments the opportunity to designate one or more geographic areas as
enterprise zones in order to revitalize economic development of the
designated area. In such enterprise zone, local ad valorem taxes, occupation
taxes, license fees and other local fees and taxes, except local sales and use
taxes may be exempted or reduced to qualified business and service
enterprises. On May 21, 2002, the Commission designated the Laney-
Walker neighborhood as an Enterprise Zone, which Augusta provides tax
incentives and other incentives to encourage new growth in businesses and
housing. The primary incentive is to provide 10 years of tax breaks for
qualifying businesses. To qualify for the incentives, businesses must
increase employment by five or more full time jobs and maintain the jobs
for the duration of the tax exemption. To qualify for tax exemption for the
housing enterprise zone, the value of the improvements must exceed the
value of the land by a ratio of five to one. This includes new residential
construction, residential rehabilitation or other rehabilitation to an existing
structure. On March 27, 2009, HUD approved the City’s Neighborhood
Revitalization Strategic Plan for Laney-Walker and Bethlehem
neighborhoods. We are requesting that the Laney-Walker Enterprise Zone
be expanded to include Bethlehem neighborhood. Based on research
performed by Asset Property Disposition, Inc. the expanded boundaries
meet the criteria for designation as an Enterprise Zone (see Attachment). It
meets the poverty rate, unemployment, general distress and
underdevelopment criteria.
Analysis:Because the City’s current targeted areas are Laney-Walker and Bethlehem,
including Bethlehem in the Laney-Walker Enterprise Zone will make
available incentives for businesses and housing to locate in these areas.
Revitalization comes in all forms and this would be an inducement to
populate the two (2) neighborhoods economically.
Financial Impact:
Alternatives:None recommended.
Cover Memo
Item # 26
Recommendation:Approve revised Ordinance No. 6508 Amending the Augusta-Richmond
County Code, Section 2-4-20 Expanding the Existing Laney-Walker
Enterprise Zone to include Bethlehem Neighborhood and such to be known
as The Laney-Walker/Bethlehem Zone.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 26
Asset Property Disposition, Inc. Page 1
LLAANNEEYY WWAALLKKEERR//BBEETTHHLLEEHHEEMM EENNTTEERRPPRRIISSEE ZZOONNEE DDEESSIIGGNNAATTIIOONN
AREA ELIGIBILITY CRITERIA
In order for the Laney Walker/Bethlehem Enterprise Zone area to be eligible for
designation, it has to meet three of the four criteria listed in the Enterprise Zone
Employment ACT – OCGA. Each criteria and a description of its requirements is
provided below.
x Poverty Rate: Each census block group within the enterprise zone must have
a poverty rate of at least 20%. Block groups with no population count meet
the requirement.
x Unemployment: 1) The nominated area must have for the preceding
calendar year an unemployment rate 10% higher than the state average
unemployment or 2) There must be evidence of adverse economic
conditions brought about by significant job dislocation within the nominated
area.
x General Distress: There must be evidence of adverse conditions other than
poverty and unemployment, which may include, but limited to, a high
incidence of crime, abandoned or dilapidated structures, deteriorated
infrastructure, and substantial population decline.
x Underdevelopment: There must be evidence of development activity, or
lack thereof, through land disturbance permits, business license fees, building
permits, development fees, or other similar data indicating the level of
development in the nominated area is at least 20% lower than the
development activity within the local government’s jurisdiction.
The Laney Walker/Bethlehem Enterprise Zone Area is eligible for designation
based on poverty rate, unemployment, and general distress. Below is a
description of each criterion that establishes its eligibility for designation.
CRITERIA A – POVERTY RATE
Census Tracts in the nominated area represent some of Augusta’s poorest
census tracts in terms of family household incomes. All the census tract and
block groups selected for the nomination falls within the top quarter of
households with median incomes below 80% of the median family income.
Approximately 11% of the households in the greater Augusta-Richmond area
have incomes less than $10,000. The target census tracts and block groups
Attachment number 1
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Item # 26
Asset Property Disposition, Inc. Page 2
have over 80% low- to moderate-income households. Approximately 47% of the
families are living below poverty level as compared to approximately 16% in the
greater Augusta-Richmond area.
Laney Walker Neighborhood
During the years 1990 through 2008, the majority of the households in the Laney
Walker neighborhood had incomes ranging from $0 to $15,000. This was
followed by household with incomes ranging from $15,000 to $24,999. In 1990,
73.6% of the households in the Laney Walker neighborhood had incomes
$15,000 and below. By the year 2007, this number decreased to 47%. The
households with incomes from $15,000 to $24,999 represented 14.5% and
increased to 20% by the year 2008.
Bethlehem Neighborhood
During the years 1990 through 2008, the majority of the households in the
Bethlehem neighborhood also had incomes ranging from $0 to $15,000. This was
also followed by the household with incomes ranging from $15,000 to $24,999. In
1990, 68.7% of the households in the Bethlehem neighborhood had incomes
$15,000 and below. By the year 2008, this number decreased to 49.3%. The
households with incomes from $15,000 to $24,999 represented 19.5% and
increased slightly to 20.2% by the year 2008.
Attachment number 1
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Item # 26
Asset Property Disposition, Inc. Page 3
Table 1.
Laney Walker/Bethlehem Neighborhoods Enterprise Zone Designation
(Low-to-Moderate Block Groups/Below 80% of Median Family Income)
Census Tracts Block Groups Population % of Low Mod H/H
7 1 299 68.5%
7 2 523 64.9%
7 3 442 86.6%
9 1 605 85.1%
9 2 509 94.9%
9 3 459 72.5%
14 1 324 85.6%
14 2 1,551 91.3%
14 3 667 70.9%
15 1 373 60.4%
15 2 744 85.5%
15 3 519 76.1%
Total 7,015
CRITERIA B – UNEMPLOYMENT
Census Data indicates, by the year 2008, the unemployment rate in the Laney
Walker neighborhood was 4.1% higher than the State’s 6.9%, while the
Attachment number 1
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Asset Property Disposition, Inc. Page 4
unemployment rate in the Bethlehem neighborhood was 18.4% higher than the
State.
During the years 1990 to 2008, unemployment in the Laney Walker
neighborhood decreased from 18.4% to 11%. This represents a 40.3% decrease.
However, unemployment in the Bethlehem neighborhood significantly increased
from 11.6% to 25.3%. This represents a 118.1% increase. Unemployment in the
State increase by only 22.5%.
During the same time period, employment in the Laney Walker neighborhood
increase from 81.8% to 86.7%. This represents a 6.1% increase. However,
employment in the Bethlehem neighborhood decreased from 88.3% to 72.9%.
This represents a 17.4% decreased. Employment on the State also decreased
from 92.2% to 91.8%, representing a .4% decrease.
Attachment number 1
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Asset Property Disposition, Inc. Page 5
CRITERIA D – GENERAL DISTRESS
Declining Population and Households
During the years 1990 to 2008, the total population in the Laney Walker
decreased by 25.8%, decreasing from 4,850 to 3,599. While, the number of
households decreased for 1,899 to 1,321, representing a 30.4% decrease. The
population in the Bethlehem neighborhood also decreased from 4,465 to 3,566.
This represents a 20.1% decrease. While, the number of households also
decreased from 1,784 to 1,443, representing a 19.1% decrease. However, the
State’s population increased from 6,478,221 to 9,727,131, representing a 50.2%
increase. While, the number of households increased from 2,366,607 to
3,495,280, representing a 47.7% increase.
Poor to Dilapidated Building Conditions
According to a windshield survey of 2100 parcels, 53% of the parcels in the
Laney Walker neighborhood are in poor to dilapidated conditions, including
vacant land (26%). Only 32% is in good condition and 11% is in fair condition. Of
the 1504 parcels in the Bethlehem neighborhood, 78% is in poor to dilapidated
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Asset Property Disposition, Inc. Page 6
conditions, including vacant land (34%). Only 5% is in good condition and 13% is
in fair condition.
Of the total parcels in the combined Laney Walker and Bethlehem
neighborhoods, 64% is in poor to dilapidated conditions, 30% is vacant land.
Land and Building Vacancy Rate
Of 2100 parcels surveyed in the Laney Walker neighborhood, 41% of the parcels
are either unoccupied structures or vacant land. Of the 1504 parcels in the
Bethlehem neighborhood, 53% of the parcels are either unoccupied structures
or vacant land.
Of the total parcels in the combined Laney Walker and Bethlehem
neighborhoods, 46% are either unoccupied structures or vacant land.
Attachment number 1
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Asset Property Disposition, Inc. Page 7
High Incidents of Crime
A crime analysis was conducted that included crimes such as theft (auto and
property), arson, assault (simple, aggravated with gun, and other), drugs
(narcotic substance), criminal trespassing, and larceny. There were a total of
482 crimes recorded in the Sheriff’s crime database for the Laney Walker and
Bethlehem neighborhoods combined. This crime data indicates that out of the
482 crimes, 121 were for criminal trespassing and 113 for larceny. This was
followed by 103 drug crimes. The crime that was least represented in the
neighborhoods was Arson with four calls.
Attachment number 1
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Item # 26
Asset Property Disposition, Inc. Page 8
Attachment number 1
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Item # 26
ORDINANCE NO. 6508
AN ORDINANCE TO AMEND AUGUSTA-RICHMOND COUNTY CODE SO AS TO
AMEND SECTION 2-4-20 BY EXTENDING THE BOUNDARIES OF THE LANEY
WALKER ENTERPRISE ZONE TO INCLUDE THE BETHLEHEM
NEIGHBORHOOD; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL
CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION, and it is
hereby ordained by authority of same as follows:
SECTION 1. The Augusta-Richmond County Code, Section 2-4-20, is hereby amended by
deleting in its entirety Section 2-4-20, and replacing with Section 2-4-20 which reads as follows:
§2-4-20 DESIGNATION OF “LANEY-WALKER ENTERPRISE ZONE
The Augusta-Richmond County Commission hereby designates the area hereinafter
described as an Enterprise Zone to be known as the “Laney-Walker/Bethlehem Enterprise Zone”,
to wit:
BOUNDARY DESCRIPTION
Beginning at a point, which is the intersection of the centerlines of 12th Street and Telfair Street; thence in
a southeasterly direction along the centerline of Telfair Street a distance of 4,540 feet, more or less, to a
point of intersection with the centerline of 5th Street; thence in a southwesterly direction along the center
line of 5th Street a distance of 3,660 feet, more or less, to a point of intersection with the centerline of
Laney-Walker Boulevard; thence in a northwesterly direction along the centerline of Laney-Walker
Boulevard a distance of 1,080 feet, more or less, to a point of intersection with the centerline of the right
of way of the Norfolk Southern Railroad; thence in a southwesterly direction along the centerline of the
Norfolk Southern Railroad a distance of 8,150 feet, more or less, to a point of intersection of the
centerline of Molly Pond Road; thence continuing southwest along the centerline of the Norfolk Southern
Railroad a distance of 325 feet to a point; thence going north 32 degrees 47 minutes west a distance of
2,480 feet, more or less, to a point on the centerline of Old Savannah Road; thence in a northeasterly
direction along the centerline of Old Savannah Road a distance of 1,090 feet, more or less, to a point of
intersection with the centerline of the right of way of the CSX Beltline Railroad; thence in a northwesterly
direction along the centerline of the CSX Beltline Railroad a distance of 2,140 feet more or less to a point
of intersection with the centerline of Clay Street; thence in a northeasterly direction along the centerline
of Clay Street a distance of 1,575 feet, more or less, to a point of intersection with the centerline of
Anderson Avenue; thence in a westerly direction and then a northerly direction along the centerline of
Anderson Avenue a distance of 550 feet, more or less, to a point of intersection with the centerline of
Poplar Street; thence in a northwesterly direction along the centerline of Poplar Street a distance of 1,490
feet, more or less, to a point of intersection with the centerline of McCauley Street; thence in a
northeasterly direction along the centerline of McCauley Street a distance of 655 feet, more or less, to a
point of intersection with the centerline of Wrightsboro Road; then in a westerly direction along the
centerline of Wrightsboro Road a distance of 175 feet, more or less, to a point of intersection with the
centerline of R.A. Dent Boulevard; thence in a northeasterly direction along the centerline of R.A. Dent
Boulevard a distance of 4,325 feet, more or less, to a point of intersection with the centerline of
D’Antignac Street; thence in a southeasterly direction along the centerline of D’Antignac Street a distance
of 950 feet, more or less, to a point of intersection with the centerline of 12th Street; thence in a
northeasterly direction along the centerline of 12th Street a distance of 2,165 feet, more or less, to the
point of beginning.
SECTION 2. This ordinance shall become effective immediately upon adoption.
SECTION 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed.
Duly adopted this ____ day of __________, 2009.
____________________________________
David S. Copenhaver, Mayor
ATTEST: _______________________________
Lena J. Bonner, Clerk of Commission
Attachment number 2
Page 1 of 1
Item # 26
Commission Meeting Agenda
8/18/2009 2:00 PM
HUD Neighborhood Stabilization Program 2
Department:
Caption:Motion to ratify Augusta's application/request submission for a grant award
from HUD's Neighborhood Stabilization Program 2 in association with the
American Reinvestment and Recovery Act. (Deferred from the August 4,
2009 Commission meeting)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 27
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Commission Meeting Agenda
8/18/2009 2:00 PM
Protest from Hall Marketing
Department:Procurement
Caption:Motion to deny a request from Hall Marketing for a waiver in reference to
the Non-Compliance” status they received at the bid opening for RFQ 09-
103 Communications Strategy and Marketing Plans for Housing and
Community Development Department on May 28, 2009. (Approved by
Administrative Services Committee August 10, 2009)
Background:Hall Marketing was deemed as non-compliant due to the fact that their bid
was late. The date and time in which the bid was due was Thursday, May
28, 2009 @ 11:00 am. The RFQ package received from Hall marketing was
stamped and received on Thursday, May 28, 2009 at 12:04 p.m. The time
was changed from the original bid date and notice was sent on Addendum
No. 1 and Addendum No. 2. Hall Marketing acknowledges receipt of both
addenda.
Analysis:On May, 28, 2009, Hall Marketing submitted a bid which was stamped and
clocked as Thursday, May 28, 2009 at 12:04 p.m. Due to the fact that the
RFQ was due in the Procurement Office no later than Thursday, May 28,
2009 at 11:00 a.m., the submittal was deemed as non-compliant. A non-
compliant letter was sent to Hall Marketing on June 1, 2009. Hall Marketing
responded by letter on June 2, 2009 requesting to protest the decision of
deeming their company as noncompliant. The Procurement Department
responded on June 10, 2009 stating that we had reviewed their submittal and
must stand by the initial decision to deem their submittal as non-compliant
and also gave them notice of their right to have the Administrator review
their request. Hall Marketing responded on June 24, 2009 requesting that we
forward their protest to the Administrator’s office for review. Procurement
Department responded on June 25, 2009 stating that we would forward their
letter to the Administrator for his review. On Thursday, July 16, 2009, a
representative from Hall Marketing meet with the Administrator to discuss
his non-compliant status. On July 27, 2009 a letter was sent by the
Administrator to Hall Marketing stating that he also found that Hall
Marketing’s qualifications were properly rejected as non-compliant. He also
gave notice in the letter of their rights which is to have all requests to waive
or modify any such material conditions shall be submitted through the
Procurement Director to the appropriate committee of the Augusta-
Richmond County Commission for approval by the Augusta-Richmond
County Commission. Hall Marketing responded by letter on July 31, 2009
requesting that they would like to request a waiver through the commission
as offered in Mr. Russell’s letter.
Financial Impact:None
Cover Memo
Item # 28
Alternatives:None
Recommendation:None - ARC Code - Article 1-10-43 Seal Bid Selection Method "(b)
Invitation for bids and specifications. An invitation for bids shall be issued
by the Procurement Office and shall include specifications prepared in
accordance with Article 4 (Product Specifications), and all contractual terms
and conditions, applicable to the procurement. All specific requirements
contained in the invitation to bid including, but not limited to, the number of
copies needed, the timing of the submission, the required financial data, and
any other requirements designated by the Procurement Department are
considered material conditions of the bid which are not waiveable or
modifiable by the Procurement Director. All requests to waive or modify
any such material condition shall be submitted through the Procurement
Director to the appropriate committee of the Augusta-Richmond County
Commission for approval by the Augusta-Richmond County Commission."
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 28
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Commission Meeting Agenda
8/18/2009 2:00 PM
Byrne JAG Funding Grant Application
Department:Clerk of Commission
Caption:Motion to approve a grant application by the Augusta Judicial Circuit for a
grant award regarding the Unified Circuit Plan Application for Byrne JAG
Funding in association with the American Reinvestment and Recovery Act.
No matching funds are required. (Approved by Public Safety Committee
August 10, 2009)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 29
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Commission Meeting Agenda
8/18/2009 2:00 PM
Mobile Data Terminal Program
Department:Sheriff
Caption:Motion to approve a 2009 budget amendment for the 2009 Edward Byrne
Memorial Justice Assistance Grant Program (JAG) to reflect increased
revenue in the amount of $142,397 which will be utilized to continue
funding the Mobile Data Termina (MDT) Program. (Approved by Public
Safety Committee August 10, 2009)
Background:The RCSO Mobile Data Terminal program began in 1998. The goal of the
Sheriff's Office is to have MDT's active in all Uniformed and Criminal
Investigation Division field vehicles. MDT's allow for warrant checks on
suspects, stolen inquiries on property (vehicles, weapons, and electronics),
and the ability to enter and file police reports electronically. Previous
LLEBG and JAG funding programs have provided the RCSO the
opportunity to install, operate, and maintain the Mobile Data Terminals.
Analysis:
Financial Impact:Funding Source: 2009 Edward Byrne Memorial Justice Assistance Grant
Program (JAG). Federal Funding: $142,397 Local Funding: NONE Total
Grant Funding: $142,397
Alternatives:Permit the loss of the present opportunity to continue to implement and
upgrade this technology with minimal cost to the taxpayer. Failure to
continue to purchase and implement a proven tool in law enforcement which
permits: 1) A safety factor for front-line personnel with direct, quick access
to criminal histories, photographs, and other pertinent data; 2) A higher
arrest rate for criminal offenders with outstanding warrants; 3) A higher
recovery rate for stolen property; and 4) Less "out of service" time for
Sheriff's Office personnel allowing for more time for primary duties.
Recommendation:Approve the 2009 budget amendment for the continued purchase of Mobile
Data Terminals for the Richmond County Sheriff's Office utilizing funding
from the 2009 Edward Byrne Memorial Justice Assistance Grant Program
(JAG).
Funds are Available in
the Following
Accounts:
Funds will be available.
Cover Memo
Item # 30
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 30
Commission Meeting Agenda
8/18/2009 2:00 PM
Resolution Reaffirming the Necessity of 911 and the Wireless Enhanced 911 Charges
Department:911
Caption:Motion to approve a Resolution reaffirming the necessity of 911 and the wireless
enhanced 911 charges. (Approved by Public Safety Committee August 10, 2009)
Background:The Board of Commissioners of Richmond County, on October 8, 1991, imposed a
$1.50 per month "911" charge upon each exchange access facility subscribed to by
telephone subscribers whose exchange to access lines are in areas served by
Richmond County "911" service. The Augusta-Richmond County Commission, on
February 5, 2002, imposed a $1.50 per month wireless "911" charge on each wireless
telecommunications connection subscribed to by subscribers whose billing address is
within the jurisdiction of Richmond County. The Augusta-Richmond County
Commission, has annually adopted Resolutions reaffirming the necessity of the
"911" charge effective each year.
Analysis:Georgia Law at O.C.G.A § 46-5-134(d)(3) provides that local governments which
are operating emergency "911" systems are to reaffirm the necessity of "911" and the
wireless enhanced "911" charges by Resolutions adopted annually.
Financial Impact:The collection of the $1.50 monthly fees is necessary for the 911 system to continue
to effectively operate.
Alternatives:Discontinue the 911 program or fund 911 operations through alternative sources.
Recommendation:Approve this resolution.
Funds are Available in the
Following Accounts:N/A.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 31
RESOLUTION
RESOLUTION REAFFIRMING
THE NECESSITY OF 911
AND THE WIRELESS ENHANCED
911 CHARGES
WHEREAS, the Board of Commissioners of Richmond County, on October 8, 1991, imposed a $1.50 per
month "911" charge upon each exchange access facility subscribed to by telephone subscribers whose exchange
to access lines are in areas served by Richmond County "911" service; and
WHEREAS, said charge became effective the first day of the first month following passage or 120 days after
October 8, 1991; and
WHEREAS, the Augusta-Richmond County Commission, on February 5, 2002, imposed a $1.50 per month
wireless "911" charge on each wireless telecommunications connection subscribed to by subscribers whose
billing address is within the jurisdiction of Richmond County; and
WHEREAS, said charge became effective 120 days after February 5, 2002; and
WHEREAS, the provisions of O.C.G.A § 46-5-134(d)(3) provides that local governments which are operating
emergency "911" systems reaffirm the necessity of "911" and the wireless enhanced "911" charges by
Resolutions adopted annually; and
WHEREAS, the Board of Commissioners of Richmond County, Georgia, and subsequently the Augusta-
Richmond County Commission, have annually adopted Resolutions reaffirming the necessity of the "911"
charge effective each year; and
WHEREAS, the Augusta-Richmond County Commission desires to reaffirm the necessity of the wireless
enhanced "911" charge each year, simultaneously with the reaffirmation of the "911" charge; and
WHEREAS, thHUHLVFXUUHQWO\DSSURYHGDSHUPRQWK ´FKDUJHXSRQHDFKH[FKDQJHDFFHVVIDFLOLW\
subscribed to by telephone subscribers whose exchange to access lines are in areas served by Richmond County
"911" service; and
WHEREAS, there is currently imposed a $1.50 per month wireless enhanced "911" charge upon each wireless
telecommunications connection subscribed to by subscribers whose billing address is within the jurisdiction of
Richmond County;
NOW, THEREFORE, BE IT RESOLVED that the Augusta-Richmond County Commission, as the
consolidated governing authority of Richmond County, pursuant to the provisions of O.C.G.A. § 46-5-
134(d)(3), hereby reaffirms the necessity of the "911" charge per month upon each exchange access facility
subscribed to by telephone subscribers whose exchange to access lines are in areas served by the Richmond
County E-911 service, and the wireless enhanced "911" charge per month upon each wireless
telecommunications connection subscribed to by subscribers whose billing address is within the jurisdiction of
Richmond County;
Attachment number 1
Page 1 of 2
Item # 31
BE IT FURTHER RESOLVED that the Augusta-Richmond County Commission hereby directs AT&T to
continue to collect a "911" charge in the amount of $1.50 per month per line.
BE IT FURTHER RESOLVED that the providers of wireless communication services to subscribers whose
billing address is within the jurisdiction of Richmond County are directed to continue to collect an enhanced
³ ´FKDUJHLQWKHDPRXQWRISHUPRQWKSHUZLUHOHVVFRQQHFWLRQSURYLGHGWo each such telephone
subscriber.
ADOPTED, this ______ day of ____________, 2009.
Augusta, Georgia
By: __________________________________
As Its Mayor
ATTEST:
_____________________________________________
Clerk
Attachment number 1
Page 2 of 2
Item # 31
Commission Meeting Agenda
8/18/2009 2:00 PM
Funding for Legal Services Rendered to Probate Court
Department:Probate Court
Caption:Motion to approve the compensation for the Acting Judge appointed to hold
court during the absence of the Probate Judge funded from Contingency
fund. (Approved by Finance Committee August 10, 2009)
Background:Ga. Law authorizes the Probate Court Judge to appoint an Acting Judge to
hold court during the absence of the Probate Judge. J. Carleton Vaughn, Jr,
a licensed attorney who is very knowledgeable of probate functions and law,
was appointed by the Probate Judge during his absence due to illness. The
Civil and Magistrate Court Judges also held court when possible during this
same period of time. Mr. Vaughn needs to be compensated for his
services. The funds were not included in the annual budget as the
circumstances arising for the need to appoint an outside attorney was
unforeseen and not predictable. The sum of $2,700 was budgeted for legal
fees for the year. To date we have used $450.00, leaving a current balance
of $2,250. These funds are used to pay attorneys to represent all Richmond
County residents who are involuntarily committed to mental hospitals in the
State of Georgia as per Georgia Law. It is estimated that the total amount
for the year will be at least $1,150.00 Therefore, we are requesting
additional funds of $4,750.00 allowing us to compensate J. Carleton
Vaughn, Jr., for his services. This will leave a balance of $700.00 in said
account to cover the estimated cost for the remainder of this year.
Analysis:Probate Court has funds in other line items for payments due and cost
incurred later in the year; however, we do not have excess funds in any line
item to help cover the cost to compensate for additional legal services.
Financial Impact:Impact the general fund in the amount of $4,750.00.
Alternatives:
Recommendation:Approve this request so the attorney who rendered these services can be
compenstated.
Funds are Available in
the Following
Accounts:
Total amount requested: $4,750.00 From General Fund Contingency.
REVIEWED AND APPROVED BY:
Cover Memo
Item # 32
Finance.
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 32
Commission Meeting Agenda
8/18/2009 2:00 PM
Posting of Check Register
Department:Clerk of Commission
Caption:Motion to approve the posting of the general fund check register on the city
web site. (Approved by Finance Committee August 10, 2009)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 33
Commission Meeting Agenda
8/18/2009 2:00 PM
Property Transfer to Land Bank Authority
Department:Administrator
Caption:Motion to approve transfer of portions of Augusta located on Deans Bridge
Road near the intersection of Wyevale Road and Windermere Drive to the
Land Bank Authority for $10,000.00 per acre for the purpose of selling same
for redevelopment purposes and to authorize the Mayor and Clerk of
Commission to execute such documents as necessary to consummate the
transaction, all in form as approved by the General Counsel.(Approved by
Finance Committee August 10, 2009)
Background:The Commission authorized the Administrator to perform such due
diligence as necessary to determine if there was any reason not to sell
portions of the property of Augusta located on Deans Bridge Road near the
intersection of Wyevale Road and Windermere. Such due diligence having
been completed and any restrictions deemed necessary by the various
departments of the County having been determined, there is no objection by
the Administrator to the transfer and sale of the portions of the parcels to the
Land Bank Authority for redevelopment purposes. The parcels have been
appraised for $10,000.00.
Analysis:N/A
Financial Impact:Any revenue would go to the general fund.
Alternatives:Deny to approve the transfer of portions of the property.
Recommendation:Approve the transfer and sale of the portion of property to the Land Bank
Authority for $10,000.00 per acre.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 34
Commission Meeting Agenda
8/18/2009 2:00 PM
Alexander Drive
Department:Abie L. Ladson, PE, CPESC, Director, Engineering Department
Caption:Motion to approve the award of the contract to Thompson Building
Wrecking Co., Inc in the amount of $44,400.00 on Capital Project Budget
#323-041110-296823215 Number Ten for the demolition of residential
buildings for the Alexander Drive project, subject to receipt of signed
contracts and proper bonds for the Engineering Department. Funds are
available in the project Right of Way account. (Approved by Engineering
Services Committee August 10, 2009)
Background:This is a Georgia Department of Transportation (GDOT) project that will
widen and reconstruct Alexander Drive to 4 lanes with a 20’ raised median
from Washington Road to Riverwatch Parkway. As part of the Alexander
Drive project, the demolition of residential buildings on five parcels of land
to clear the right-of-way for the Alexander Drive project must be completed
before the construction activities begins.
Analysis:Bids were received on July 2, 2009 with Thompson Building Wrecking Co.,
Inc being the only bidder. Bid results are as follows: CONTRACTORS BID
1. Thompson Building Wrecking $44,400.00 It is the Engineering
Department recommendation to award this project to the bidder Thompson
Building Wrecking Co., Inc.
Financial Impact:Funds are available in the project Right of Way account 323-041110-
5411120/296823215-5411120.
Alternatives:1. Approve the award of the contract to Thompson Building Wrecking Co.,
Inc in the amount of $44,400.00 on Capital Project Budget #323-041110-
296823215 Number Ten for the demolition of residential buildings for the
Alexander Drive project, subject to receipt of signed contracts and proper
bonds for the Engineering Department. Funds are available in the project
Right of Way account. 2. Do not approve and jeopardize the construction of
a much needed project.
Recommendation:Approve Alternative Number One.
Funds are Available in
the Following
Accounts:
FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: 323-
041110-5411120/296823215-5411120
Cover Memo
Item # 35
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 35
Commission Meeting Agenda
8/18/2009 2:00 PM
Approve construction award associated with relocation of Augusta Utilities Department facilities located in the right-of
way of Alexander Drive as related to Georgia Department of Transportation project #STP-0001-00 (794)
Department:Utilities
Caption:Motion to approve Bid Award contract to Mabus Brothers Construction
Company, Inc. in the amount of $ 1,145,728.50. This award will include
relocation of existing water mains in conflict with new construction as well
as construction of new water and sanitary sewer mains in the area of the
Alexander Drive Widening project. . (Approved by Engineering Services
Committee August 10, 2009)
Background:The Georgia Department of Transportation project to widen and realign
Alexander Drive will require Augusta Utilities Department to relocate
existing water mains in the area. This project will also offer an opportunity
for Augusta Utilities Department to extend sanitary sewer service to
customers previously not served.
Analysis:Approving this contract will allow the contractor, Mabus Brothers
Construction Company, Inc. to complete construction of the Alexander
Drive water and sanitary sewer mains. The construction fee is fair and
reasonable. With the completion of this construction, the area of Alexander
Drive served by these new mains will enjoy years of trouble free service.
Financial Impact:Funds for this work are available in account number 507043410-5425110 /
80800030-5425110
Alternatives:No alternatives are recommended.
Recommendation:We recommend the Commission award the construction contract to Mabus
Brothers Construction in the amount of $1,145,728.50.
Funds are Available in
the Following
Accounts:
507043410-5425110 / 80800030-5425110
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Cover Memo
Item # 36
Administrator.
Clerk of Commission
Cover Memo
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Invitation To Bid
Sealed bids will be received at this office until 3:00 p.m., Thursday, July 16, 2009 for furnishing:
Bid Item #09-127 Alexander Drive Project for Utilities Department
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene
Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all
prime, subcontractors and suppliers exclusively from Imaging Technology. The fees for the plans and
specifications which are non-refundable is $200.00
Documents may also be examined during regular business hours at the Augusta Builders Exchange, 1262
Merry Street, Augusta, GA 30904; F. W. Dodge Plan Room, 1281 Broad Street, Augusta, GA 30901. It is the
wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this
policy the Owner is providing the opportunity to view plans online (www.itrepro.com) at no charge through
Imaging Technology (706 724-7924) beginning Thursday, June 4, 2009. Bidders are cautioned that submitting
a package without Procurement of a complete set are likely to overlook issues of construction phasing,
delivery of goods or services, or coordination with other work that is material to the successful completion of
the project. Bidders are cautioned that sequestration of documents through any other source is not advisable.
Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or
inaccurate information upon which to base his qualifications.
A Mandatory Pre-Bid Conference will be held on Friday, June 26, 2009 @ 11:00 a.m. in the
Procurement Department – Room 605. All questions must be submitted in writing to the office of the
Procurement Department by fax at 706-821-2811 or by mail. No bid will be accepted by fax, all must be
received by mail or hand delivered. All questions are to be submitted in writing by Wednesday, July 1,
2009 by 3:00 p.m.
No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10%
Bid bond is required to be submitted in a separate envelope so marked along with the bidders’
qualifications; a 100% performance bond and a 100% payment bond will be required for award.
An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in
accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the
number of copies needed, the timing of the submission, the required financial data, and any other
requirements designated by the Procurement Department are considered material conditions of the bid which
are not waiveable or modifiable by the Procurement Director. Please mark BID number on the outside of the
envelope.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle June 4, 11, 18, 25, 2009
Metro Courier June 10, 2009
cc: Tameka Allen Interim Deputy Administrator
Drew Goins Utilities Department
Jerry Delaughter Utilities Department
Sean Barr Utilities Department
Justo Chacon Utilities Department
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Commission Meeting Agenda
8/18/2009 2:00 PM
Change Order: Meadowbrook Drive Storm Pipe Replacement
Department:Public Services
Caption:Motion to approve Change Order to Quality Storm Water Solutions, LLC.
in the amount of $16,331.00 for the construction of two new storm boxes
and the relocation of an existing power pole. (Approved by Engineering
Services Committee August 10, 2009)
Background:The two new boxes were not a part of the original scope of work, as the
need was not detected until the original pipe was exposed. It is imperative
that the boxes be installed to accommodate six existing storm lines that had
been bored into the original pipe.
Analysis:Without the installation of the additional boxes to accommodate six
additional storm lines that were discovered, there would be no way to
channel the water through the storm pipe.
Financial Impact:Funds are available in SPLOST IV, Grading and Drainage Account
#324041110/201824021
Alternatives:1. Approve Change Order to Quality Storm Water Solutions, LLC. in the
amount of $16,331.00 for the construction of two new storm boxes and the
relocation of an existing power pole. 2. None
Recommendation:#1. Approve Change Order to Quality Storm Water Solutions, LLC. in the
amount of $16,331.00 for the construction of two new storm boxes and the
relocation of an existing power pole.
Funds are Available in
the Following
Accounts:
Funds are available in Account #324041110/201824021
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 37
Commission Meeting Agenda
8/18/2009 2:00 PM
Georgia Power Co Gov Encroachment Agreement #31166 & Municipal Electric Auth GEA #31167
Department:Augusta Utilities Department
Caption:Motion to approve Georgia Power Governmental Encroachment Agreement
# 31166 and Municipal Electric Authority of Georgia Governmental
Encroachment Agreement #31167. (Approved by Engineering Service
Committee August 10, 2009)
Background:The Augusta Utilities Department will be constructing a water main to Fort
Gordon and will be crossing an easement owned by Georgia Power
Company (GPC) and the Municipal Electric Authority of Georgia (MEAG).
Analysis:The GPC/MEAG easement is in the pathway of the most direct route for the
pipeline. The project has been discussed and GPC has submitted the usual
Governmental Encroachment Agreements for signature.
Financial Impact:None
Alternatives:Deny motion to approve Georgia Power Governmental Encroachment
Agreement # 31166 and Municipal Electric Authority of Georgia
Governmental Encroachment Agreement #31167.
Recommendation:Approve motion to approve Georgia Power Governmental Encroachment
Agreement # 31166 and Municipal Electric Authority of Georgia
Governmental Encroachment Agreement #31167.
Funds are Available in
the Following
Accounts:
507043410-5212115 88880068-5212115
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
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Commission Meeting Agenda
8/18/2009 2:00 PM
Notification of award for a construction contract to Blair Construction, Inc. for construction of the 6th Street
Emergency Sewer Repair Project
Department:Augusta Utilities Department
Caption:Motion to approve emergency award for a contract with Blair Construction,
Inc. for services associated with construction of the 6th Street Emergency
Sewer Repair Project in the amount of $840,842.78. Bid item #09-138
(Approved by Engineering Services Committee August 10, 2009)
Background:The Utilities Department has identified a major problem to an existing 36"
brick sewer main in the downtown area of Richmond County. In recent
months there have been several failures that have occurred. These failures
and the potential of future failures are affecting the safe operation of the
railroad system. The needed repairs include installing 1500 linear feet of
new sewer main and sealing the existing main to ensure no future failures to
the existing pipe. This project is needed to provide a more reliable and safe
operation and eliminate the current dilapidated pipe that is in close
proximity to the Norfolk Southern train track that installed in 6th Street in
the downtown area of Richmond County.
Analysis:Blair Construction, Inc submitted an acceptable bid package and was the
lowest responsive bidder. The Utilities Department desires to inform
commission of the award of this contract to construct the 6th Street
Emergency Sewer Repair Project to Blair Construction, Inc.
Financial Impact:$840,842.78, under account number 507043420-5425210 / 80900035-
5425210
Alternatives:No alternatives due to the contract being awarded under emergency
conditions
Recommendation:We are informing commission of the department's emergency award of the
contract with Blair Construction, Inc. in the amount of $840,842.78 for the
construction of the 6th Street Emergency Sewer Repair Project.
Funds are Available in
the Following
Accounts:
$840,842.78 from account 507043420-5425210 / 80900035-5425210
REVIEWED AND APPROVED BY:
Cover Memo
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Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
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1450 Greene Street
Suite 225
Augusta, GA 30901
Tel. 706.722.3479
Fax 706.722.6773
www.wkdickson.com Transportation x Water Resources x Urban Development x Geomatics
June 25, 2009
Mr. Jerry Delaughter
Augusta Utilities Department
360 Bay Street, Suite 180
Augusta, Georgia 30901
RE: 6th Street Emergency Sewer Replacement
Dear Jerry:
Currently W.K. Dickson & Co., Inc. is under contract with Augusta Utilities Department (AUD) to provide
professional services for the design of the 6th Street Sanitary Sewer Repairs. We have completed the design
and suggest the County consider waiving the competitive bid process due to the recent settlements adjacent
to the 6th Street railroad tracks.
REASON FOR THE EMERGENCY
The Utility Department is experiencing pipe failures of a 36-inch brick arch sewer pipe in the downtown
area along 6th Street which may impact the structural integrity of the foundation for the adjacent railroad
track. A failure occurred five feet off the main train track just north of Fenwick Street in July 2008 and a few
months earlier a failure occurred north of Walker Street. Both repairs were made by your department.
As of today, I have observed other depressions beginning to form which may lead to a collapse of the pipe.
It appears that the existing 36-inch brick arch pipe will loosen a brick causing the soil and pavement from
above to seep through creating a small crater. To further aggravate the situation, the vibration from a
moving train will exacerbate the small opening thus eventually causing another brick to fall creating a large
crater. When a few bricks are dislodged, the structural integrity of the arch pipe is compromised.
RECOMMENDATIONS
Due to a possible development of a dangerous condition that may create an immediate threat to public
health, welfare or safety or an interruption of service along the existing railroad tracks, WD Dickson feels
that procurement shall be made as quickly as possible with such competition as is practicable using the
plans that have been completed by our firm.
If you should have any questions, please give me a call at (706) 722-3479 or on my mobile at
(706) 825-8153.
Sincerely,
Gordon Smith, PE
Project Manager
Cc: Sean Barr, Civil Engineer
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Commission Meeting Agenda
8/18/2009 2:00 PM
Utilities Purchase of Warehouse Shelving and Furniture
Department:Utilities, Clifford A. Goins, Interim Director
Caption:Motion to approve Utilities' purchase of Warehouse Pallet Rack Shelving
and Furniture for the New Wylds Road Location. (Approved by
Engineering Services Committee August 10, 2009)
Background:The Utilities Department is consolidating two existing warehouse locations
(one at 2760 Peach Orchard Rd. and the other at 2822 Central Ave.) into one
larger location. The new location will be on Wylds Road and will also house
the entire Construction & Maintenance Division for the Utilities
Department.
Analysis:The new Wylds Road location has several existing shelf units already in
place in the warehouse. We will need additional shelving for our existing
inventory supplies as well as furniture to provide working space for our
combined staff. We will need to purchase additional shelving of the same
quality and type as those that are already at the facility to house our supplies
and parts.
Financial Impact:We would like to purchase additional shelving to complete the warehouse
space and furniture for the employees at a cost of $59,287.66. This amount
has been quoted by Modern Business Supplies per the Georgia State
Contract No. SWC060748. The funds for these purchases have been
budgeted and are available within Account No. 50604-3110 / 5423110.
Alternatives:1) Approve this item and provide for efficient, increased warehouse storage
space for our new consolidated warehouse and for safer material handling
practices. 2) Do not approve this item which will require us to move our
makeshift shelving from the two existing locations. Much of the existing
shelving was handmade of wood and is very old and dilapidated. It is also
difficult to store all of the parts, as well as maneuver or transfer the parts
utilizing the existing shelves.
Recommendation:We recommend the Commission approve the purchase of warehouse pallet
rack shelving and furniture for the new Wyld’s Road location.
Funds are Available in
the Following
Accounts:
506043110/5423110
Cover Memo
Item # 40
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 40
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Commission Meeting Agenda
8/18/2009 2:00 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the regular meeting of the Commission
held on August 4, 2009.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 41
Commission Meeting Agenda
8/18/2009 2:00 PM
Report on Projects
Department:Clerk of Commission
Caption:Report from the Administrator regarding on-going projects.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 42
Commission Meeting Agenda
8/18/2009 2:00 PM
TEE Center
Department:
Caption:Discuss/update path forward relative to TEE Center. (Requested by
Commissioner Joe Jackson)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 43
Commission Meeting Agenda
8/18/2009 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
Item # 44