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HomeMy WebLinkAbout2009-09-01-Meeting Agenda Commission Meeting Agenda Commission Chamber 9/1/2009 2:00 PM INVOCATION: Reverend Greg Hatfield, Pastor Trinity On The Hill Methodist Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. Five (5) minute time limit per delegation DELEGATIONS A. Mr. Anthony Esposito RE: Update on volunteer efforts to maintain the former Augusta Golf & Gardens Attachments B. Mr. Ernie Sizemore, Rotary-Ferst Foundation. RE: Update on the Literacy Project. Attachments C. Ms. Shannon Carter-Dunlap. RE: Extend gratitude for support from the Commission/update on Devin Carter's trip to the Junior National Youth Leadership Conference held in Washington, D.C. Attachments CONSENT AGENDA (Items 1-28) PUBLIC SERVICES 1. Motion to approve New Ownership Application: A. N. 09 - 101: request by Jons Santos for an on premise consumption Liquor, Beer & Wine license to be used in connection with Fantasy USA, Joe Ono, Inc. DBA Kurama Japanese Steakhouse located at 2834 Washington Rd. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee August 24, 2009) Attachments 2. Motion to approve New Ownership Application: A. N. 09 - 102: A request by J. Faulkner Warlick for a retail package Liquor, Beer & Wine license to be used in connection with White Horse Package Shop located at 497 Highland Ave. District 7. Super District 10. (Approved by Public Services Committee August 24, 2009) Attachments 3. Motion to approve New Ownership Application: A. N. 09 - 91: request by Watson W. McDonald for an on premise consumption Liquor, Beer & Wine license to be used in connection with Wheeler Tavern located at 3664 Wheeler Rd. There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee August 24, 2009) Attachments 4. Motion to approve a request by Christina Park for an on premise consumption Beer & Wine license to be used in connection with Rolling Hills Driving Range located at 2133 Gordon Hwy. District 5. Super District 9. (Approved by Public Services Committee August 24, 2009) Attachments 5. Motion to approve New Application: A. N. 09 - 97: request by Ritaben Patel for a retail package Beer & Wine license to be used in connection with Hiral Enterprises DBA Super Express #3 located at 2545 Peach Orchard Rd. District 2. Super District 9. (Approved by Public Services Committee August 24, 2009) Attachments 6. Motion to approve a request by Mark Randall for an Arcade License to be used in connection with Cool Delights, Inc. DBA Dipping Dot's located at 4108 Windsor Spring Rd. District 6. Super District 10. (Approved by Public Services Committee August 24, 2009) Attachments 7. Motion to approve a budget amendment related to the operation of the new Diamond Lakes Tennis Center. (Approved by Public Services Committee August 24, 2009) Attachments 8. Motion to approve the emergency replacement of bleachers at Warren Road Community Center to Georgia Specialty Equipment, LLC for $42,936.00 as per written bid number 09-524. (Approved Public Services Committee August 24, 2009) Attachments 9. Motion to approve a request by Hoang Ngo for a Therapeutic Massage Operators license to be used in connection with Diamond Nails and Spa located at 3450 Wrightsboro Rd, Suite 1005. District 3. Super District 10. (Approved by Public Services Committee August 24, 2009) Attachments ADMINISTRATIVE SERVICES 10. Motion to approve an Ordinance providing for the demolition of certain unsafe and uninhabitable structures in the Turpin Hill Neighborhood: 1113 Sixth Avenue, (District 2, Super District 9); Meadowbrook Neighborhood: 3124 Ditmas Road, (District 4, Super District 9); Bethlehem Neighborhood: 2032 Fargo Street, (District Attachments 2, Super District 9); AND WAIVE 2ND READING. (Approved by Administrative Services Committee August 24, 2009) 11. Motion to approve an Ordinance providing for the demolition of certain unsafe and uninhabitable structures in the East Augusta Neighborhood: 252 Japonica Avenue, (District 1, Super District 9); Olde Town Neighborhood: 137 Watkins Street, (District 1, Super District 9); Laney-Walker Neighborhood: 1125 Cecelia Street, 921 Dugas Street, 1119 Thirteenth Street, (District 1, Super District 9); Bethlehem Neighborhood: 1637 ½ Forest Street, 1255 Steiner Avenue, 1258 Steiner Avenue, 1260 Steiner Avenue, 1421 Monroe Street, 1528 Picquet Avenue, (District 2, Super District 9); Turpin Hill Neighborhood: 1677 Emory Street, (District 2, Super District 9); Harrisburg Neighborhood: 1825 Watkins Street, 1829 Watkins Street, (District 1, Super District 9); AND WAIVE 2ND READING. (Approved by Administrative Services Committee August 24, 2009) Attachments 12. Motion to approve receiving the final presentation from the consultant on the Disparity Study by September 21st or sooner if possible. (Approved by Administrative Services Committee August 24, 2009) Attachments 13. Motion to approve Executive Recommendation to Review Committee Structure pursuant to Augusta, Ga. Sec. 1-30 and for the Creation and Appointment of the Legal Administration, Ordinance and Resolution Committee. (Approved by Administrative Services Committee August 24, 2009) Attachments 14. Motion to approve Wellness Facility Contract with Omni Health and Fitness. (Approved by Administrative Services Committee August 24, 2009) Attachments 15. Motion to approve resolution authorizing the settlement of all Claims in a Personal Injury, Wrongful, Death and Survivorship Claim for Dr. Ji Cheng, Decedent. (Approved by Administrative Services Committee August 24,2009) Attachments PUBLIC SAFETY 16. Motion to approve the renewal of the Health Services Agreement for Inmates. (Approved by Public Safety & Finance Committees August 24, 2009) Attachments FINANCE 17. Motion to approve a request from the David Dupree Steering Committee for city sponsorship through the purchase of tickets for the David Dupree Tribute Gala subject to funding being available. (Approved by Finance Committee August 24,2009) Attachments 18. Motion to approve Option I in the amount of $17,000 costs associated with the 2009 Christmas Light-Up Spectacular subject to identifying a funding source. (Approved by Finance Committee August 24, 2009) Attachments 19. Motion to approve a request from the Garden City Rescue Mission regarding an abatement of 2009 property taxes. (Approved by Finance Committee August 24, 2009) Attachments 20. Motion to approve resolution authorizing the settlement of all Claims in a Personal Injury, Wrongful, Death and Survivorship Claim for Dr. Ji Cheng, Decedent. (Approved by Finance Committee August 24, 2009) Attachments 21. Motion to deny a request from Mr. Robert Baker regarding an appeal for the relief/reduction of the school tax portion of his 2009 property tax bill. (Approved by Finance Committee August 24, 2009) Attachments ENGINEERING SERVICES 22. Motion to approve Change Order #1 to the existing design contract to Tetra Tech RTW, Inc. in the amount of $61,812.00. These funds will be used to analyze Boardman Lake Sanitary Sewer lift station on Fort Gordon and to perform a radio path survey for Augusta Utilities to install a radio network to interface with Fort Gordon’s existing SCADA system. (Approved Engineering Services Committee August 24, 2009) Attachments 23. Motion to approve the execution of the Georgia Power easement and Underground Distribution Construction Agreement for the Solid Waste Facility. (Approved by Engineering Services Committee August 1, 2009) Attachments 24. Motion to approve the process to determine that a portion Pearl Avenue, Browns Lane, Crescent Lane, and Crescent-Brown Alley, as shown on the attached plat and designated theron as Tracts F, G, H, and I respectively, have ceased to be used by the public to the extent that no substantial public purpose is served by it, and a public hearing shall be held regarding the issue of abandonment pursuant to O.C.G.A. § 32- 7-2. (Approved by Engineering Services CommitteeAugust 24, 2009) Attachments 25. Motion to approve standardized permapave design for tree wells on Broad Street. DDA will work with the City of Augusta to install with $20,000 SPLOST funding. (Approved by Engineering Services Committee August 24, 2009) Attachments 26. Motion to authorize condemnation to acquire title of a portion of property for permanent easements and temporary construction easement for the 60107 - Butler Creek Sanitary Sewer Replacement - East Project. PIN: 144-0-021-03-0 and 144-0- 021-03-0 Pircle Lane. (Approved by Engineering Services Committee August 24,2009) Attachments 27. Motion to approve and accept an Easement Deed from Solutia, Inc. (Approved by Engineering Services Committee August 24, 2009) Attachments PETITIONS AND COMMUNICATIONS 28. Motion to approve the minutes of the regular meeting of the Commission held on August 18, 2009. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 9/1/2009 AUGUSTA COMMISSION REGULAR AGENDA 9/1/2009 (Items 29-33) PUBLIC SERVICES 29. Motion to consider New Application: A. N. 09 - 100: request by Teresa Y. Cummings for an on premise consumption Beer & Wine license to be used in connection with Mamie Lee's Southern Cooking located at 2746 Tobacco Rd. There will be Sunday Sales. District 4. Super District 9. (No recommendation from Public Services Committee August 24, 2009) Attachments 30. Motion to consider a request from Limelite Café, 1137 Agerton Lane to extend the probationary Alcohol License for Sunday Sales. (No recommendation from Public Services Committee August 24, 2009) Attachments 31. Motion to consider a request from Finish Line Café, 3960 Wrightsboro Road to extend the probationary Alcohol License for Sunday Sales. (No recommendation from Public Services Committee August 24, 2009) Attachments Upcoming Meetings www.augustaga.gov OTHER BUSINESS 32. 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. 33. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 9/1/2009 2:00 PM Invocation Department:Clerk of Commission Caption:Reverend Greg Hatfield, Pastor Trinity On The Hill Methodist 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 9/1/2009 2:00 PM Anthony Esposito Department:Clerk of Commission Caption:Mr. Anthony Esposito RE: Update on volunteer efforts to maintain the former Augusta Golf & Gardens Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 2 Attachment number 1 Page 1 of 1 Item # 2 Commission Meeting Agenda 9/1/2009 2:00 PM Rick Herring Department:Clerk of Commission Caption:Mr. Ernie Sizemore, Rotary-Ferst Foundation. RE: Update on the Literacy Project. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 3 Commission Meeting Agenda 9/1/2009 2:00 PM Shannon Carter-Dunlap Department: Caption:Ms. Shannon Carter-Dunlap. RE: Extend gratitude for support from the Commission/update on Devin Carter's trip to the Junior National Youth Leadership Conference held in Washington, D.C. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 4 Attachment number 1 Page 1 of 1 Item # 4 Commission Meeting Agenda 9/1/2009 2:00 PM alcohol application Department:License & Inspections Caption:Motion to approve New Ownership Application: A. N. 09 - 101: request by Jons Santos for an on premise consumption Liquor, Beer & Wine license to be used in connection with Fantasy USA, Joe Ono, Inc. DBA Kurama Japanese Steakhouse located at 2834 Washington Rd. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee August 24, 2009) Background:This is a new ownership application. Formerly in the name of Setsuko Ono. 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 # 5 Attachment number 1 Page 1 of 2 Item # 5 Attachment number 1 Page 2 of 2 Item # 5 Commission Meeting Agenda 9/1/2009 2:00 PM alcohol application Department:License & Inspections Caption:Motion to approve New Ownership Application: A. N. 09 - 102: A request by J. Faulkner Warlick for a retail package Liquor, Beer & Wine license to be used in connection with White Horse Package Shop located at 497 Highland Ave. District 7. Super District 10. (Approved by Public Services Committee August 24, 2009) Background:This is a new ownership application. Formerly in the name of Rosemary Dudley. 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 # 6 Attachment number 1 Page 1 of 2 Item # 6 Attachment number 1 Page 2 of 2 Item # 6 Commission Meeting Agenda 9/1/2009 2:00 PM alcohol application Department:License & Inspections Caption:Motion to approve New Ownership Application: A. N. 09 - 91: request by Watson W. McDonald for an on premise consumption Liquor, Beer & Wine license to be used in connection with Wheeler Tavern located at 3664 Wheeler Rd. There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee August 24, 2009) Background:This is a new ownership application. Formerly in the name of Shawn Laws who is now in partnership with Mr. McDonald. 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. (Note: Wheeler Tavern is on 6 months probation to achieve compliance with the Alcohol Ordinance Sunday Sales requirement. The business will be audited at the end of September.) Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 7 Attachment number 1 Page 1 of 2 Item # 7 Attachment number 1 Page 2 of 2 Item # 7 Commission Meeting Agenda 9/1/2009 2:00 PM alcohol application Department:License & Inspections Caption:Motion to consider New Application: A. N. 09 - 100: request by Teresa Y. Cummings for an on premise consumption Beer & Wine license to be used in connection with Mamie Lee's Southern Cooking located at 2746 Tobacco Rd. There will be Sunday Sales. District 4. Super District 9. (No recommendation from Public Services Committee August 24, 2009) Background:This is the old Super C. location. The former owner had his license revoked. Analysis: Financial Impact:The applicant will pay a pro-rated fee of $1815.00. Alternatives: Recommendation:License & Inspections makes no recommendation. The RCSD makes no recommendation. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 8 Attachment number 1 Page 1 of 2 Item # 8 Attachment number 1 Page 2 of 2 Item # 8 Commission Meeting Agenda 9/1/2009 2:00 PM alcohol application Department:License & Inspections Caption:Motion to approve a request by Christina Park for an on premise consumption Beer & Wine license to be used in connection with Rolling Hills Driving Range located at 2133 Gordon Hwy. District 5. Super District 9. (Approved by Public Services Committee August 24, 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 $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 # 9 Attachment number 1 Page 1 of 2 Item # 9 Attachment number 1 Page 2 of 2 Item # 9 Commission Meeting Agenda 9/1/2009 2:00 PM alcohol application Department:License & Inspections Caption:Motion to approve New Application: A. N. 09 - 97: request by Ritaben Patel for a retail package Beer & Wine license to be used in connection with Hiral Enterprises DBA Super Express #3 located at 2545 Peach Orchard Rd. District 2. Super District 9. (Approved by Public Services Committee August 24, 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 $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 # 10 Attachment number 1 Page 1 of 2 Item # 10 Attachment number 1 Page 2 of 2 Item # 10 Commission Meeting Agenda 9/1/2009 2:00 PM Arcade Application Department:License & Inspections Caption:Motion to approve a request by Mark Randall for an Arcade License to be used in connection with Cool Delights, Inc. DBA Dipping Dot's located at 4108 Windsor Spring Rd. District 6. Super District 10. (Approved by Public Services Committee August 24, 2009) Background:This is a new application. Analysis:The applicant meets the requirements of the Augusta Richmond County Ordinance regulating Arcades. Financial Impact:The applicant will pay a fee of $275.00. 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 # 11 Attachment number 1 Page 1 of 2 Item # 11 Attachment number 1 Page 2 of 2 Item # 11 Commission Meeting Agenda 9/1/2009 2:00 PM Budget amendment Diamond Lakes Tennis Center Department:Recreation and Parks Caption:Motion to approve a budget amendment related to the operation of the new Diamond Lakes Tennis Center. (Approved by Public Services Committee August 24, 2009) Background:Diamond Lakes Tennis Center will open to the public on August 8th, 2009. The center will offer revenue generating services such as memberships, lessons, clinics, merchandise sales, tournament and concession sales. The 2009 budget for the center did not include revenues generated or expenses related to those revenues. Analysis:This amendment will add $55,000 in new revenue, and will add $55,000 in new expenses for the center. Financial Impact:See attachment Alternatives:1. Not to approve, leaving the facility without the resources to perform services desired by the public. 2. To approve Recommendation:#2 - To approve Funds are Available in the Following Accounts: New revenues/expenses generated for acct. # 101061476 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 12 Commission Meeting Agenda 9/1/2009 2:00 PM Emergency Safety Replacement of Bleachers at Warren Road Community Center Department:Tom F. Beck, Director, Recreation and Parks Department Caption:Motion to approve the emergency replacement of bleachers at Warren Road Community Center to Georgia Specialty Equipment, LLC for $42,936.00 as per written bid number 09-524. (Approved Public Services Committee August 24, 2009) Background:The Warren Road Community Center is 35 years and the bleachers are the original ones built with the center. Because of the non-code compliant and safety conditions of the bleachers and their age, no company will work on this equipment anymore. The only course of action is to replace this outdated equipment. Analysis:With the upcoming basketball season, it is imperative that because of safety issues, the bleachers at Warren Road be replaced as an emergency purchase. Three (3) companies were solicited for bids. One no bid was received and the low recommended bidder meeting specifications is Georgia Specialty Equipment. Financial Impact:Funds have been identified to complete this project from operating capital. Alternatives:1. Motion to approve. 2. Move no action thus not correcting a safety issue at this community center. Recommendation:1. To approve the emergency replacement of the bleachers at Warren Road Community Center to Georgia Specialty Equipment for $42,936.00. Funds are Available in the Following Accounts: 272061335/5412110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 13 Attachment number 1 Page 1 of 21 Item # 13 Attachment number 1 Page 2 of 21 Item # 13 Attachment number 1 Page 3 of 21 Item # 13 Attachment number 1 Page 4 of 21 Item # 13 Attachment number 1 Page 5 of 21 Item # 13 Attachment number 1 Page 6 of 21 Item # 13 Attachment number 1 Page 7 of 21 Item # 13 Attachment number 1 Page 8 of 21 Item # 13 Attachment number 1 Page 9 of 21 Item # 13 Attachment number 1 Page 10 of 21 Item # 13 Attachment number 1 Page 11 of 21 Item # 13 Attachment number 1 Page 12 of 21 Item # 13 Attachment number 1 Page 13 of 21 Item # 13 Attachment number 1 Page 14 of 21 Item # 13 Attachment number 1 Page 15 of 21 Item # 13 Attachment number 1 Page 16 of 21 Item # 13 Attachment number 1 Page 17 of 21 Item # 13 Attachment number 1 Page 18 of 21 Item # 13 Attachment number 1 Page 19 of 21 Item # 13 Attachment number 1 Page 20 of 21 Item # 13 Attachment number 1 Page 21 of 21 Item # 13 Commission Meeting Agenda 9/1/2009 2:00 PM Massage Therapy Operators License Department:License & Inspections Caption:Motion to approve a request by Hoang Ngo for a Therapeutic Massage Operators license to be used in connection with Diamond Nails and Spa located at 3450 Wrightsboro Rd, Suite 1005. District 3. Super District 10. (Approved by Public Services Committee August 24, 2009) Background:This is a request for an Operators license to be able to allow therapist to work at this location. Analysis:The applicant meets the requirements of the Augusta Richmond County Occupational Tax Ordinance. Financial Impact:The applicant will pay a regulatory 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 # 14 Attachment number 1 Page 1 of 1 Item # 14 Commission Meeting Agenda 9/1/2009 2:00 PM Sunday Sales Alcohol License Department:License & Inspection Caption:Motion to consider a request from Limelite Café, 1137 Agerton Lane to extend the probationary Alcohol License for Sunday Sales. (No recommendation from Public Services Committee August 24, 2009) Background:At the January 22, 2009, regular meeting the Commission approved issuing Limelite Café a probationary Alcohol License for Sunday Sales with the condition that after six months of being open on Sundays an audit would be performed to verify the actual food sales…. Limelite had a Sunday Sales license in 2008 but did not meet the Alcohol Ordinance requirements. Limelite appealed to the Commission requesting a six month probationary period in which to demonstrate compliance with the Sunday Sales requirements. Analysis:A restaurant that serves alcohol is eligible to apply for an Alcohol License for Sunday Sales provided that 50% of the annual gross sales is from the sale of prepared foods. Limelite’s food sale percentages for the six month probationary period are: January: 27% February: 30% March: 32% April: 37% May: 43% June: 49% Financial Impact:N/A Alternatives:Do not extend Sunday Sales probationary period. Recommendation:Recommend extending the probationary Sunday Sales Alcohol License for five months (November 30, 2009). This will allow time for another audit prior to issuing the 2010 Alcohol license. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 15 Commission Meeting Agenda 9/1/2009 2:00 PM Sunday Sales Alcohol License Department:License & Inspection Caption:Motion to consider a request from Finish Line Café, 3960 Wrightsboro Road to extend the probationary Alcohol License for Sunday Sales. (No recommendation from Public Services Committee August 24, 2009) Background:At the February 3, 2009, regular meeting the Commission approved issuing Finish Line Café a probationary Alcohol License for Sunday Sales with the condition that after six months of being open on Sundays an audit would be performed to verify the actual food sales. Finish Line Cafe had a Sunday Sales license in 2008 but did not meet the Alcohol Ordinance requirements. The Sunday Sales license was denied at the time of license renewal for 2009. Finish Line Cafe appealed to the Commission requesting a six month probationary period in which to demonstrate compliance with the Sunday Sales requirements. Analysis:A restaurant that serves alcohol is eligible to apply for an Alcohol License for Sunday Sales provided that 50% of the annual gross sales is from the sale of prepared foods. Finish Line’s food sales percentages for the six month probationary period are: January: 40% February: 41% March: 40% April: 45% May: 43% June: 44% Financial Impact:N/A Alternatives:N/A Recommendation:Recommend extending the probationary Sunday Sales Alcohol License for five months (November 30, 2009). This will allow time for another audit prior to issuing the 2010 Alcohol license. Funds are Available in the Following Accounts:N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 16 Commission Meeting Agenda 9/1/2009 2:00 PM Demolition of unsafe structures Department:License & Inspection Caption:Motion to approve an Ordinance providing for the demolition of certain unsafe and uninhabitable structures in the Turpin Hill Neighborhood: 1113 Sixth Avenue, (District 2, Super District 9); Meadowbrook Neighborhood: 3124 Ditmas Road, (District 4, Super District 9); Bethlehem Neighborhood: 2032 Fargo Street, (District 2, Super District 9); AND WAIVE 2ND READING. (Approved by Administrative Services Committee August 24, 2009) Background:The approval of this ordinance will provide for the demolition of certain structures that have been determined to be dilapidated beyond repair and a public nuisance. The owners of the above referenced properties have been requested to correct the property maintenance violations. The violations were not corrected. By approving this ordinance the City will have the structures demolished, record a lien against the property in the amount of the costs incurred, and send the property owners a bill for payment that is due within 30 days of receipt. Analysis:Continuing the removal of dilapidated structures will signal to the public that neglected, unsafe and uninhabitable structures will not be allowed and that property owners will be held responsible for their properties. Financial Impact:The average total cost associated with the demolition of each property will be approximately $5,200.00. This includes the title search, asbestos survey, and demolition. Alternatives:Allow the unsafe structures to remain and continue to have a negative impact on the neighborhoods and City. Recommendation:Approval Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNT: Account # 220-07-2912 / 5212999 REVIEWED AND APPROVED BY: Finance. Cover Memo Item # 17 Law. Administrator. Clerk of Commission Cover Memo Item # 17 ORDINANCE NO. _____________________ ORDINANCE TO PROCEED WITH DEMOLITION AND REMOVAL OF THE STRUCTURES ON PROPERTY LOCATED AT: 1113 SIXTH AVENUE, 3124 DITMAS ROAD, AND 2032 FARGO STREET. TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS: Section I. That the following properties have been identified by the Director of the Augusta – Richmond County License and Inspection Department as unfit for human habitation (or unfit for its current commercial or business use) and the cost of repair, alteration or improvement of said properties exceeds one-half the value of property and that the said Director shall cause the structures located on hereinafter described property to be demolished and removed as ordered by Augusta-Richmond County Magistrate Court; and that said Director shall cause the costs of such removal and demolition for said property be entered upon the lien docket maintained in the office of Clerk of Augusta - Richmond County Commission and said Director shall otherwise proceed to effectuate the purpose of O.C.G.A. SS 41-2-7 through 41-2-17 with respect to said property, to-wit: • 1113 SIXTH AVENUE, Augusta – Richmond County, Georgia, identified on Augusta- Richmond County Tax Map 72-2 as Parcel 411. • 3124 DITMAS ROAD, Augusta – Richmond County, Georgia, identified on Augusta-Richmond County Tax Map 107 as Parcel 8. • 2032 FARGO STREET, Augusta – Richmond County, Georgia, identified on Augusta-Richmond County Tax Map 72-2 as Parcel 143. Section II. This Ordinance shall become effective upon adoption. Section III. That all Ordinances and parts of Ordinances in conflict herewith are hereby repealed. Duly adopted this _________ day of ____________________, 2009 MAYOR________________________________ ATTEST:_______________________________ CLERK OF COMMISSION Attachment number 1 Page 1 of 1 Item # 17 Commission Meeting Agenda 9/1/2009 2:00 PM Demolition of unsafe structures Department:License & Inspection Caption:Motion to approve an Ordinance providing for the demolition of certain unsafe and uninhabitable structures in the East Augusta Neighborhood: 252 Japonica Avenue, (District 1, Super District 9); Olde Town Neighborhood: 137 Watkins Street, (District 1, Super District 9); Laney-Walker Neighborhood: 1125 Cecelia Street, 921 Dugas Street, 1119 Thirteenth Street, (District 1, Super District 9); Bethlehem Neighborhood: 1637 ½ Forest Street, 1255 Steiner Avenue, 1258 Steiner Avenue, 1260 Steiner Avenue, 1421 Monroe Street, 1528 Picquet Avenue, (District 2, Super District 9); Turpin Hill Neighborhood: 1677 Emory Street, (District 2, Super District 9); Harrisburg Neighborhood: 1825 Watkins Street, 1829 Watkins Street, (District 1, Super District 9); AND WAIVE 2ND READING. (Approved by Administrative Services Committee August 24, 2009) Background:The approval of this ordinance will provide for the demolition of certain structures that have been determined to be dilapidated beyond repair and a public nuisance. The owners of the above referenced properties have been requested to correct the property maintenance violations. The violations were not corrected. By approving this ordinance the City will have the structures demolished, record a lien against the property in the amount of the costs incurred, and send the property owners a bill for payment that is due within 30 days of receipt. Analysis:Continuing the removal of dilapidated structures will signal to the public that neglected, unsafe and uninhabitable structures will not be allowed and that property owners will be held responsible for their properties. Financial Impact:The average total cost associated with the demolition of each property will be approximately $5,200.00. This includes the title search, asbestos survey, and demolition. Alternatives:Allow the unsafe structures to remain and continue to have a negative impact on the neighborhoods and City. Recommendation:Approval Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNT: Account # 101072910 / 5212999 Cover Memo Item # 18 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 18 ORDINANCE NO. _____________________ ORDINANCE TO PROCEED WITH DEMOLITION AND REMOVAL OF THE STRUCTURES ON PROPERTY LOCATED AT: 252 JAPONICA AVENUE, 137 WATKINS STREET, 1125 CECELIA STREET, 921 DUGAS STREET, 1119 THIRTEENTH STREET, 1637 ½ FOREST STREET, 1255 STEINER AVENUE, 1258 STEINER AVENUE, 1260 STEINER AVENUE, 1421 MONROE STREET, 1528 PICQUET AVENUE, 1677 EMORY STREET, 1825 WATKINS STREET, AND 1829 WATKINS STREET. TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS: Section I. That the following properties have been identified by the Director of the Augusta – Richmond County License and Inspection Department as unfit for human habitation (or unfit for its current commercial or business use) and the cost of repair, alteration or improvement of said properties exceeds one-half the value of property and that the said Director shall cause the structures located on hereinafter described property to be demolished and removed as ordered by Augusta-Richmond County Magistrate Court; and that said Director shall cause the costs of such removal and demolition for said property be entered upon the lien docket maintained in the office of Clerk of Augusta - Richmond County Commission and said Director shall otherwise proceed to effectuate the purpose of O.C.G.A. SS 41-2-7 through 41-2-17 with respect to said property, to-wit: • 252 JAPONICA AVENUE, Augusta – Richmond County, Georgia, identified on Augusta-Richmond County Tax Map 61-1 as Parcel 104. • 137 WATKINS STREET, Augusta – Richmond County, Georgia, identified on Augusta- Richmond County Tax Map 47-4 as Parcel 396. • 1125 CECELIA STREET, Augusta – Richmond County, Georgia, identified on Augusta- Richmond County Tax Map 46-4 as Parcel 679.0 • 921 DUGAS STREET, Augusta – Richmond County, Georgia, identified on Augusta- Richmond County Tax Map 46-4 as Parcel 339. • 1119 THIRTEENTH STREET, Augusta – Richmond County, Georgia, identified on Augusta-Richmond County Tax Map 46-3 as Parcel 80. • 1637 ½ FOREST STREET, Augusta – Richmond County, Georgia, identified on Augusta-Richmond County Tax Map 59-3 as Parcel 131. • 1255 STEINER AVENUE, Augusta – Richmond County, Georgia, identified on Augusta-Richmond County Tax Map 59-3 as Parcel 85. • 1258 STEINER AVENUE, Augusta – Richmond County, Georgia, identified on Augusta-Richmond County Tax Map 59-3 as Parcel 176. Attachment number 1 Page 1 of 2 Item # 18 • 1260 STEINER AVENUE, Augusta – Richmond County, Georgia, identified on Augusta-Richmond County Tax Map 59-2 as Parcel 177. • 1421 MONROE STREET, Augusta – Richmond County, Georgia, identified on Augusta- Richmond County Tax Map 59-1 as Parcel 267. • 1528 PICQUET AVENUE, Augusta – Richmond County, Georgia, identified on Augusta-Richmond County Tax Map 59-4 as Parcel 3. • 1677 EMORY STREET, Augusta – Richmond County, Georgia, identified on Augusta- Richmond County Tax Map 58-3 as Parcel 79. • 1825 WATKINS STREET, Augusta – Richmond County, Georgia, identified on Augusta-Richmond County Tax Map 35-4 as Parcel 10. • 1829 WATKINS STREET, Augusta – Richmond County, Georgia, identified on Augusta-Richmond County Tax Map 35-4 as Parcel 9. Section II. This Ordinance shall become effective upon adoption. Section III. That all Ordinances and parts of Ordinances in conflict herewith are hereby repealed. Duly adopted this _________ day of ____________________, 2009 MAYOR________________________________ ATTEST:_______________________________ CLERK OF COMMISSION Attachment number 1 Page 2 of 2 Item # 18 Commission Meeting Agenda 9/1/2009 2:00 PM Disparity Study Department:Clerk of Commission Caption:Motion to approve receiving the final presentation from the consultant on the Disparity Study by September 21st or sooner if possible. (Approved by Administrative Services Committee August 24, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 19 Commission Meeting Agenda 9/1/2009 2:00 PM Executive Recomm. to Review Committee Structure and Creation of Legal Administration, Ordinance and Resolution Committee Department:Law Caption:Motion to approve Executive Recommendation to Review Committee Structure pursuant to Augusta, Ga. Sec. 1-30 and for the Creation and Appointment of the Legal Administration, Ordinance and Resolution Committee. (Approved by Administrative Services Committee August 24, 2009) Background:Augusta Code provides for the ARC Committee Structure, however, a legal administration, ordinance and resolution committee is lacking despite a commission policy that the committee structure be used to evaluate code amendments. This committee is one typically used in local government and will evaluate resolutions, ordinances and create efficiency in the administration of the legal needs of ARC. Analysis:The Legal Administration, Ordinance and Resolution Committee will be comprised of 4 persons, the Mayor, Mayor Pro Tem and Super District Commissioners. If there is a Mayor Pro Tem and the Super District Commissioner is the same person, the mayor shall appoint the fourth member of the committee. The Committee shall follow all the rules that govern the existing committees of the ARC. Financial Impact:No additional costs to ARC. Alternatives:Decline to approve evaluation of committee structure and creation of new Legal Administration, Ordinance and Resolution Committee. Recommendation:Approve the evaluation and creation of the new committee, as with other local governments. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Item # 20 Administrator. Clerk of Commission Cover Memo Item # 20 Commission Meeting Agenda 9/1/2009 2:00 PM Omni Health and Fitness Department:Human Resources Caption:Motion to approve Wellness Facility Contract with Omni Health and Fitness. (Approved by Administrative Services Committee August 24, 2009) Background:Augusta employees are encouraged to be fit and stay healthy. In our continuing efforts to provide employees with optimum and affordable benefits all full-time employees are eligible to enroll in the approved Wellness Center. Currently over 750 employees are enrolled in Health Central’s wellness program. It is the goal of the Human Resources Department to increase this number with the implementation of additional wellness programs. Employees may be eligible to receive 100% reimbursement monthly, depending on the number of visits each month. Analysis:Omni Health and Fitness submitted a proposal to enter into similar agreements as other wellness facilities (Health Central, Family Y) employee may attend. The addition of this new facility assists in the goal of increased participation by affording employees a choice. Omni has two facilities in the area employees can attend. Financial Impact: Alternatives:Do Not Approve Wellness Facility Contract with Omni Health and Fitness. Recommendation:Approve Wellness Facility Contract with Omni Health and Fitness. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 21 OMNI HEALTH AND FITNESS WELLNESS PROGRAM PROPOSAL FOR RICHMOND COUNTY EMPLOYEES Wellness programs can benefit your company in many ways. By encouraging a healthy lifestyle, employers benefit from reduced absenteeism, lower health and insurance costs, and higher levels of job performance. Additional benefits include improved employee morale and work relationships, a reduction in stress, and fewer workplace injuries. We at The Omni want to provide you with the tools you need to make the Richmond County Employees wellness program a success. We understand that the biggest hurdle to overcome on your employees’ path to good health is establishing a routine that agrees with their busy schedule. There are many reasons people struggle when trying to engage in a fitness program. Lack of time, lack of knowledge, and being intimidated by the health club environment are very common reasons for not following through. We have many features to try to minimize or eliminate these particular concerns. The Omni is open twenty-four hours a day, Monday through Friday, 8:00 AM to 8:00 PM Saturday, and 10:00 AM to 6:00 PM on Sunday. We have staffed child care services available seven days a week with organized games and fitness related activities to keep your children active as well. Your employees will have access to both of our facilities; one is conveniently located in the heart of Augusta, about two blocks from Best Buy at 3637 Walton Way Extension, and the other is in Evans at 4408 Evans to Lock Road a block from Lowes Hardware. There are many positive and negative factors or behaviors that affect your training progress. How to eat, how often should you work out, and what is the correct way to perform a given exercise are some of the many questions your employees may have. Our staff is well educated and experienced with exercise and nutrition. We also have the most successful personal training program in Augusta. This is a great tool for someone who has preexisting injuries, is training for a specific goal or just wants maximum results in the least amount of time possible. Our personal training packages include everything you need, from your workout routine to your nutrition plan, to make your program a success. Group fitness classes offer variety to your employees’ workout and give them the support they need to reach their goals. The Omni Club has over 100 group fitness classes every week made up of almost thirty different class types. We print out a new class schedule each month and there are no additional fees or sign up required to participate. The Omni Club has complete equipment lines from Life Fitness, Hammer Strength, and Free Motion, and over 4000 square feet of free weights at each location. We have a broad selection of cardiovascular training machines including treadmills, ellipticals, stair climbers, stationary bikes, and rowing machines. All of our cardio equipment at our Evans location is equipped with Cardio Theater with cable television. I have included your corporate rates on the following page. Thank you very much for the opportunity to earn your business. Attachment number 1 Page 1 of 2 Item # 21 MEMBERSHIP RATE STRUCTURE • 12 Month, Monthly: $32.00 a month • 12 Month Family add on: $25.00 a month per person (Husband, Wife or child under 21 in one house hold) • 12 Month Family Membership:$79.00 a month (+$47) (The family membership includes all family members in one house hold) • No Join Fees STANDARD MEMBERSHIP RATES • 12 Month Monthly: $179.00 to join and $49.00 a month • Family Add On: $79.00 to join and $32.00 a month • Family Membership: $199.00 to join and $79.00 a month Lance Smith General Manager Omni Health and Fitness 3637 Walton Way Extension Augusta, GA 30909 706-481-0502 Attachment number 1 Page 2 of 2 Item # 21 Richmond County Employee Benefits Include: *24 Hour service Monday through Friday. 8am to 8pm Sat and 10am to 6pm Sun *Access to BOTH Walton Way and Evans clubs. That’s over 70,000 square feet of fitness! *Over 100 Group Fitness classes every week at no extra charge. *Separate & private all inclusive LADIES ONLY fitness center (Walton Way) *Changing rooms include saunas, steam rooms, executive lounge areas with plasma screen TVs, massage chairs and pool tables. (Evans location) * We have complete fitness equipment lines from Life Fitness, Hammer Strength, and Free Motion. Both clubs also boast expansive free weight areas. *We have a wide variety of personal training packages available. Ask us about our POWER PLATE training sessions! All of our personal training packages include nutritional consultation and custom meal plan design. Omni has the most successful training program in Augusta! *Over 80 pieces of cardio equipment at each location including Cycles, Ellipticals, Treadmills, Stair Masters, and much more. Our Evans location has Cardio Theater with Cable on every cardio piece. *Separate spin rooms for cycle classes at both locations. *Complimentary towel service. *Child care is available 7 days a week. Please call me at 706-481-0502 for a personal tour of our facility! Lance Smith General Manager Omni Health and Fitness 3637 Walton Way Ext Augusta, GA 30909 Attachment number 2 Page 1 of 1 Item # 21 Attachment number 3Page 1 of 5 Item # 21 Attachment number 3Page 2 of 5 Item # 21 Attachment number 3Page 3 of 5 Item # 21 Attachment number 3 Page 4 of 5 Item # 21 Attachment number 3 Page 5 of 5 Item # 21 Commission Meeting Agenda 9/1/2009 2:00 PM Resolution Authorizing the Settlement of Dr. Ji Cheng, Decedent Department:Administrative Services Caption:Motion to approve resolution authorizing the settlement of all Claims in a Personal Injury, Wrongful, Death and Survivorship Claim for Dr. Ji Cheng, Decedent. (Approved by Administrative Services Committee August 24,2009) Background:See attached Resolution. Analysis:General Counsel considers it to be in the best interests of Augusta- Richmond County to resolve this matter and recommends that pay the Claimant to settle all claims of Claimant against Augusta-Richmond County arising out of the alleged facts. Financial Impact:The County Administrator is authorized to pay a total sum of Four Hundred and Ten Thousand Dollars to Mr. Chaohui Wu, individually, and as Administrator of the Estate of Dr Ji Cheng and his legal respresentative at the direction of the General Counsel. Alternatives:Deny Resolution Recommendation:Approve Resolution Funds are Available in the Following Accounts: to be appropriated from Reserve of Extraordinary losses - dbw REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 22 Resolution – Dr. Ji Cheng 1 RESOLUTION RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS IN A PERSONAL INJURY, WRONGFUL DEATH AND SURVIVORSHIP CLAIM FOR DR. JI CHENG, DECEDENT, IN THE AGGREGATE AMOUNT OF FOUR HUNDRED AND TEN THOUSAND DOLLARS ($410,000.00); AUTHORIZING THE COUNTY ADMINISTRATOR TO DISBURSE THE AMOUNT OF $410,000.00; WAIVING AUGUSTA-RICHMOND COUNTY CODE OF ORDINANCES SECTIONS IN CONFLICT FOR THIS INSTANCE ONLY; AND FOR OTHER PURPOSES. WHEREAS, On March 10, 2008, an Augusta City-County Transit Authority bus driver, Albert Smith, collided with Dr. Cheng, decedent, in a motor vehicle accident, (the accident”); and WHEREAS, decedent was a pedestrian in or near the cross walk of the intersection of Fifteenth Street and Laney Walker Boulevard, Augusta, Richmond County, Georgia, at the time of said accident; WHEREAS, said driver, while acting in the course and scope of his employment, is alleged to have negligently failed to see decedent as he entered the intersection and struck the decedent; WHEREAS, decedent died as a result of injuries she received in the accident; WHEREAS, decedent is believed to have experienced pain and suffering and her estate has incurred medical bills, funeral expenses, and attendant expenses as a result of the accident; WHEREAS, Claimant, decedent’s widower and surviving spouse, seeks damages for loss of consortium and the full value of the life of the decedent, and damages for claims of nuisance, negligent hiring, retention and supervision; WHEREAS, Claimant, Mr. Chaohui Wu, individually, and as Administrator of the Estate of Dr. Ji. Cheng, through his legal representative, has timely submitted notice pursuant to O.C.G.A. §§ 36-11-1 and 36-33-5; WHEREAS, Claimant has agreed to settle all claims and potential claims against the consolidated government of Augusta-Richmond County, its officers, employees, successors and agents, the Augusta City-County Transit Authority, and Albert Smith, for the sum of $410,000.00 for any and all claims arising out of the accident referenced herein; WHEREAS, Claimant has agreed to indemnify and hold harmless the consolidated government of Augusta-Richmond County, its officers, employees, successors and agents, the Augusta City-County Transit Authority, and Albert Smith, for Attachment number 1 Page 1 of 3 Item # 22 Resolution – Dr. Ji Cheng 2 any and all claims which may be brought by any other parties arising out of the accident referenced herein; WHEREAS, the General Counsel considers it to be in the best interests of Augusta-Richmond County to resolve this matter and recommends that it pay the amount of Four Hundred and Ten Thousand Dollars ($410,000.00) to Claimant to settle all claims of Claimant against Augusta-Richmond County arising out of the alleged facts; WHEREAS, Augusta-Richmond County, Augusta-Richmond County Transit Authority, and Augusta-Richmond County Transit Authority bus driver Albert Smith admit no liability; NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission Section 1: The Augusta-Richmond County Commission will settle the claims of Mr. Chaohui Wu, individually, and as Administrator of the Estate of Dr. Ji. Cheng for the aggregate amount of Four Hundred and Ten Thousand Dollars ($410,000.00). Section 2: The County Administrator is authorized to pay a total sum of Four Hundred and Ten Thousand Dollars ($410,000.00) to Mr. Chaohui Wu, individually, and as Administrator of the Estate of Dr. Ji. Cheng and his legal representative at the direction of the General Counsel from the account of 6110152135523273. Payment shall be in the form of a check payable to Chaohui Wu and his legal representative. Section 3: To the extent that any section of the AUGUSTA CODE is in conflict herewith, that subsection is waived for this instance only. Adopted this ___ day of August, 2009. ___________________________ David S. Copenhaver As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Seal: Certification Attachment number 1 Page 2 of 3 Item # 22 Resolution – Dr. Ji Cheng 3 The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Resolution was duly adopted by the Augusta-Richmond County Commission on August __, 2009 and that such Resolution has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Resolution which was approved and adopted in the foregoing meeting(s). Lena J. Bonner, Clerk of Commission Attachment number 1 Page 3 of 3 Item # 22 Commission Meeting Agenda 9/1/2009 2:00 PM Renewal and/or Request for Proposal for Health Services Agreement for Inmates Department:Sheriff's Department Caption:Motion to approve the renewal of the Health Services Agreement for Inmates. (Approved by Public Safety & Finance Committees August 24, 2009) Background:Augusta, Georgia currently contracts with Correctional Medical Services, Inc. (CMS) to provide comprehensive medical care to the inmates at the Charles B. Webster Detention Facility, the Augusta- RichmondCountyLawEnforcementCenter (Richmond County Jail), and the Augusta-Richmond County Correctional Institution. This contract was dated December 3, 2002 and went into effect January 1, 2003. The original term of the contract was for one year. The contract provided that it would be renewed annually for one year terms unless either party provided written notice of non-renewal to the other party at least ninety days prior to the expiration of the then existing term. The contract has been extended for one year terms for the calendar years 2004, 2005, 2006, 2007, 2008 and 2009. Last year, there was consideration to terminate the contract and to place the contract out for bid again. However, CMS offered a deal if Augusta would renew the contract for an additional year. The original contract provides for annual increases based upon change in the United States Department of Labor consumer price index plus an additional 2% and an increase in the per diem rate for each inmate in excess of the inmate population referenced in the contract. (1,275 inmates). Last year, CMS offered to extend the contract for an additional year at no additional price increase. In other words, they would perform the same services in 2009 for the same price Augusta paid in 2008. The Commission decided to accept CMS’s offer and an amendment was entered into extending the contract through the calendar year 2009 at the same price as paid in 2008. A copy of the original contract and the amendment is attached hereto. Pursuant to correspondence dated July 21, 2009, CMS has again offered to extend the contract for an additional year and they would again forego any increases in the contract. In other words, they would perform the services required under the contract for the same costs as in 2008 and 2009. A copy of that correspondence is also attached. Analysis:As noted above, CMS has offered to perform the services under the Health Services Agreement for the same price as previously done in 2009. This would mean that Augusta would be paying the same amount for inmate medical services for the calendar year 2010 as it did in 2009 and 2008, in other words no increase in three years. According to correspondence from CMS, this is an approximate savings of $222,338. On previous occasions when the Health Services Agreement was put out for bid, all the bids were substantially higher than paid under the previous annual contract. For Cover Memo Item # 23 example, the contract with Physicians Health Services effective January 1, 2001 was for a base price of $2.058 million per year. When the contract was put out for bid for a contract effective January 1, 2003, the winning bid was for a base price of $3.17 million. It is therefore possible, if not probable, that the winning bid for this contract if put out for bid this year would involve a substantial increase over the contract price currently offered by CMS for an additional one year renewal. However there is no way to know this definitively. Another consideration is the construction of the new pods at the Phinizy Road facility. These new pods are expected to be completed in November of 2010. These new pods will increase our maximum inmate capacity in the amount of 478 inmates. The Request for Proposals, as well as the Health Services Agreements are based upon the number of inmates combined in the three facilities. Based upon past experience, when the new pods are opened for inmate occupancy, our overall population will quickly increase to its maximum. Therefore, it is possible, if not likely, that the proposals will be based on the increased number of inmates in November of 2010. This may well mean that Augusta will be paying for health services for inmates (in excess of 400) for the first 10 months of 2010 who are not yet incarcerated. Under the current contract, if we exceed the inmate population provided in the contract, we pay an additional per diem per inmate for every inmate over the designated population. It would seem more economically feasible to renew the CMS contract for one more year, pay the extra per diem for the last month or two of 2010, and then re-bid the contract for the year 2011 when we have a consistent maximum population to place in the Request for Proposal and on which proposed contracts will be based. However it is possible that an RFP and proposed contracts can be drafted to somewhat minimize this concern. Financial Impact:Same as above Alternatives:See two options below Recommendation:There are two options: (1) Agree to the offer by CMS to renew the contract for one additional calendar year at same price with a termination date of December 31, 2010. Some time around the middle of 2010, issue Request for Proposals for a new contract with an effective date of January 1, 2011; or (2) Put the contract out for bid and hope that all the bids do not involve a substantially higher costs than currently offered by the existing contactor and make all efforts to draft RFP and contracts to minimize wasteful spending of taxpayer dollars due to increased populations from the opening of the new pods. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 23 Cover Memo Item # 23 Attachment number 1 Page 1 of 13 Item # 23 Attachment number 1 Page 2 of 13 Item # 23 Attachment number 1 Page 3 of 13 Item # 23 Attachment number 1 Page 4 of 13 Item # 23 Attachment number 1 Page 5 of 13 Item # 23 Attachment number 1 Page 6 of 13 Item # 23 Attachment number 1 Page 7 of 13 Item # 23 Attachment number 1 Page 8 of 13 Item # 23 Attachment number 1 Page 9 of 13 Item # 23 Attachment number 1 Page 10 of 13 Item # 23 Attachment number 1 Page 11 of 13 Item # 23 Attachment number 1 Page 12 of 13 Item # 23 Attachment number 1 Page 13 of 13 Item # 23 Attachment number 2 Page 1 of 2 Item # 23 Attachment number 2 Page 2 of 2 Item # 23 Attachment number 3 Page 1 of 2 Item # 23 Attachment number 3 Page 2 of 2 Item # 23 1 AGENDA ITEM TO: COMMISSION FROM: JAMES W. ELLISON, COUNSEL FOR SHERIFF STRENGTH DATE: July 31, 2009 SUBJECT: Renewal and/or Request for Proposal for Health Services Agreement for Inmates BACKGROUND: Augusta, Georgia currently contracts with Correctional Medical Services, Inc. (CMS) to provide comprehensive medical care to the inmates at the Charles B. Webster Detention Facility, the Augusta-Richmond County Law Enforcement Center (Richmond County Jail), and the Augusta-Richmond County Correctional Institution. This contract was dated December 3, 2002 and went into effect January 1, 2003. The original term of the contract was for one year. The contract provided that it would be renewed annually for one year terms unless either party provided written notice of non-renewal to the other party at least ninety days prior to the expiration of the then existing term. The contract has been extended for one year terms for the calendar years 2004, 2005, 2006, 2007, 2008 and 2009. Last year, there was consideration to terminate the contract and to place the contract out for bid again. However, CMS offered a deal if Augusta would renew the contract for an additional year. The original contract provides for annual increases based upon change in the United States Department of Labor consumer price index plus an additional 2% and an increase in the per diem rate for each inmate in excess of the inmate population referenced in the contract. (1,275 inmates). Last year, CMS offered to extend the contract for an additional year at no additional price increase. In other words, they would perform the same services in 2009 for the VDPHSULFH$XJXVWDSDLGLQ7KH&RPPLVVLRQGHFLGHGWR DFFHSW&06¶VRIIHUDQGDQ amendment was entered into extending the contract through the calendar year 2009 at the same price as paid in 2008. A copy of the original contract and the amendment is attached hereto. Pursuant to correspondence dated July 21, 2009, CMS has again offered to extend the contract for an additional year and they would again forego any increases in the contract. In other words, they would perform the services required under the contract for the same costs as in 2008 and 2009. A copy of that correspondence is also attached. ANALYSIS and FINANCIAL IMPACT: As noted above, CMS has offered to perform the services under the Health Services Agreement for the same price as previously done in 2009. This would mean that Augusta would be paying the same amount for inmate medical services for the calendar year 2010 as it did in 2009 and 2008, in other words no increase in three years. According to correspondence from CMS, this is an approximate savings of $222,338. On previous occasions when the Health Services Agreement was put out for bid, all the bids were substantially higher than paid under the previous annual contract. For example, the contract with Physicians Health Services effective January 1, 2001 was for a base price of $2.058 Attachment number 4 Page 1 of 2 Item # 23 2 million per year. When the contract was put out for bid for a contract effective January 1, 2003, the winning bid was for a base price of $3.17 million. It is therefore possible, if not probable, that the winning bid for this contract if put out for bid this year would involve a substantial increase over the contract price currently offered by CMS for an additional one year renewal. However there is no way to know this definitively. Another consideration is the construction of the new pods at the Phinizy Road facility. These new pods are expected to be completed in November of 2010. These new pods will increase our maximum inmate capacity in the amount of 478 inmates. The Request for Proposals, as well as the Health Services Agreements are based upon the number of inmates combined in the three facilities. Based upon past experience, when the new pods are opened for inmate occupancy, our overall population will quickly increase to its maximum. Therefore, it is possible, if not likely, that the proposals will be based on the increased number of inmates in November of 2010. This may well mean that Augusta will be paying for health services for inmates (in excess of 400) for the first 10 months of 2010 who are not yet incarcerated. Under the current contract, if we exceed the inmate population provided in the contract, we pay an additional per diem per inmate for every inmate over the designated population. It would seem more economically feasible to renew the CMS contract for one more year, pay the extra per diem for the last month or two of 2010, and then re-bid the contract for the year 2011 when we have a consistent maximum population to place in the Request for Proposal and on which proposed contracts will be based. However it is possible that an RFP and proposed contracts can be drafted to somewhat minimize this concern. RECOMMENDATION/ OPTIONS: There are two options: (1) Agree to the offer by CMS to renew the contract for one additional calendar year at same price with a termination date of December 31, 2010. Some time around the middle of 2010, issue Request for Proposals for a new contract with an effective date of January 1, 2011; or (2) Put the contract out for bid and hope that all the bids do not involve a substantially higher costs than currently offered by the existing contactor and make all efforts to draft RFP and contracts to minimize wasteful spending of taxpayer dollars due to increased populations from the opening of the new pods. James W. Ellison Counsel for Sheriff Strength Attachment number 4 Page 2 of 2 Item # 23 Commission Meeting Agenda 9/1/2009 2:00 PM David Dupree Steering Committee Department:Clerk of Commission Caption:Motion to approve a request from the David Dupree Steering Committee for city sponsorship through the purchase of tickets for the David Dupree Tribute Gala subject to funding being available. (Approved by Finance Committee August 24,2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 24 Attachment number 1Page 1 of 2 Item # 24 Attachment number 1 Page 2 of 2 Item # 24 Commission Meeting Agenda 9/1/2009 2:00 PM Downtown Development Authority - Christmas Lights Department:Clerk of Commission Caption:Motion to approve Option I in the amount of $17,000 costs associated with the 2009 Christmas Light-Up Spectacular subject to identifying a funding source. (Approved by Finance Committee August 24, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 25 Attachment number 1 Page 1 of 1 Item # 25 Attachment number 2 Page 1 of 1 Item # 25 Commission Meeting Agenda 9/1/2009 2:00 PM Garden City Rescue Mission Department:Clerk of Commission Caption:Motion to approve a request from the Garden City Rescue Mission regarding an abatement of 2009 property taxes. (Approved by Finance Committee August 24, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 26 Attachment number 1 Page 1 of 2 Item # 26 Attachment number 1 Page 2 of 2 Item # 26 Commission Meeting Agenda 9/1/2009 2:00 PM Resolution Authorizing the Settlement of Dr. Ji Cheng, Decedent Department:Finance Caption:Motion to approve resolution authorizing the settlement of all Claims in a Personal Injury, Wrongful, Death and Survivorship Claim for Dr. Ji Cheng, Decedent. (Approved by Finance Committee August 24, 2009) Background:See attached Resolution. Analysis:General Counsel considers it to be in the best interests of Augusta- Richmond County to resolve this matter and recommends that it pay the claimant to settle all claims of Claimant against Augusta-Richmond County arising out of the alleged facts. Financial Impact:The County Administrator is authorized to pay a total sum of Four Hundred and Ten Thousand Dollars to Mr. Chaohui Wu, individually, and as Administrator of the Estate of Dr. Ji Cheng and his legal representative at the direction of the General Counsel. Alternatives:Deny Resolution Recommendation:Approve Resolution Funds are Available in the Following Accounts: to be appropriated from Reserve for Extraordinary Losses - dbw REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 27 Commission Meeting Agenda 9/1/2009 2:00 PM Robert Baker Department:Clerk of Commission Caption:Motion to deny a request from Mr. Robert Baker regarding an appeal for the relief/reduction of the school tax portion of his 2009 property tax bill. (Approved by Finance Committee August 24, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 28 Attachment number 1 Page 1 of 1 Item # 28 Attachment number 2Page 1 of 5 Item # 28 Attachment number 2 Page 2 of 5 Item # 28 Attachment number 2 Page 3 of 5 Item # 28 Attachment number 2Page 4 of 5 Item # 28 Attachment number 2Page 5 of 5 Item # 28 Commission Meeting Agenda 9/1/2009 2:00 PM Approve Change Order #1 to the existing Design Contract for Augusta Utilities Department Project to Analyze the Lift Stations for Rehabilitation and Replacement for Fort Gordon Department:Augusta Utilities Department Caption:Motion to approve Change Order #1 to the existing design contract to Tetra Tech RTW, Inc. in the amount of $61,812.00. These funds will be used to analyze Boardman Lake Sanitary Sewer lift station on Fort Gordon and to perform a radio path survey for Augusta Utilities to install a radio network to interface with Fort Gordon’s existing SCADA system. (Approved Engineering Services Committee August 24, 2009) Background:The Privatization of Water/Wastewater Utilities contract between Fort Gordon and Augusta Richmond County was awarded September 2007. Requirements of the contract include executing Initial Capital Upgrades (ICU) and Renewal and Replacement (R & R) projects for the water and wastewater systems throughout Fort Gordon. Augusta Utilities has requested Tetra Tech RTW, Inc. perform a radio path survey to determine radio type, frequency and proper installations necessary to network twenty sanitary sewer lift stations and five permanent wastewater flow meter sites which are located throughout the installation. Augusta Utilities Department has also identified the need to replace one existing sanitary sewer lift station. The Boardman Lake lift station is currently receiving wastewater from six residences and pumps it to a common drain field. As part of this change order, Tetra Tech RTW, Inc. will design a new sanitary sewer lift station which will eliminate the common drain field and discharge wastewater to an existing sanitary sewer main for treatment. Analysis:Augusta Utilities Department has evaluated the proposal for additional engineering services and the radio path survey that has been provided by Tetra Tech RTW, Inc. The proposal is considered fair and reasonable. Financial Impact:The amount submitted for the design of this project was $61,812.00.These funds are available from account 507043410-5425110 / 88880102-5425110 Alternatives:Approve the change order #1 to the existing engineering contract to Tetra Tech RTW to Analyze the additional Lift Stations for Rehabilitation and Replacement and Radio Path Study. Recommendation:Recommend to approve change order #1 of the existing design contract to analyze the Lift Stations for Rehabilitation and Replacement to Tetra Tech RTW at $61,812.00 Cover Memo Item # 29 Funds are Available in the Following Accounts: 507043410-5425110 / 88880102-5425110 from account $61,812.00 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 29 Attachment number 1 Page 1 of 4 Item # 29 Attachment number 1 Page 2 of 4 Item # 29 Attachment number 1 Page 3 of 4 Item # 29 Item # 29 Commission Meeting Agenda 9/1/2009 2:00 PM Approve the execution of the Georgia Power easement and Underground Distribution Construction Agreement for the Solid Waste Facility. Department:Solid Waste Caption:Motion to approve the execution of the Georgia Power easement and Underground Distribution Construction Agreement for the Solid Waste Facility. (Approved by Engineering Services Committee August 1, 2009) Background:The Augusta Richmond County Solid Waste Facility is currently under construction - making necessary upgrades to the facility. No tax dollars are being used to pay for these upgrades in the facilities and site communications. Parts of these upgrades include the installation of underground utilities along a section of the property. In order to complete these activities, Georgia Power requires the execution of a standard Easement Agreement and a Construction Agreement. Analysis:The Easement Agreement as well as the Construction Agreement is required to be executed prior to work commencing on this section of the project. The easement simply provides for Georgia power access to the underground utilities. The construction agreement gives permission to Georgia Power to set the electrical service according to the pre-approved construction plans. The underground utilities are necessary at this location because of the amount of large equipment that will be moving around the facility. Financial Impact:None Alternatives:1. Approve the execution of the Agreements 2. do not approve the execution of the Agreements Recommendation:Alternative 1. Funds are Available in the Following Accounts:not applicable REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 30 Attachment number 1 Page 1 of 8 Item # 30 Attachment number 1 Page 2 of 8 Item # 30 Attachment number 1 Page 3 of 8 Item # 30 Attachment number 1 Page 4 of 8 Item # 30 Attachment number 1 Page 5 of 8 Item # 30 Attachment number 1 Page 6 of 8 Item # 30 Attachment number 1 Page 7 of 8 Item # 30 Attachment number 1 Page 8 of 8 Item # 30 Commission Meeting Agenda 9/1/2009 2:00 PM Determination of whether a portion of Pearl Avenue, Browns Lane, Crescent Lane, and Crescent-Brown Alley serve of substantial Public for purposes of abandonment Department:Law Department Caption:Motion to approve the process to determine that a portion Pearl Avenue, Browns Lane, Crescent Lane, and Crescent-Brown Alley, as shown on the attached plat and designated theron as Tracts F, G, H, and I respectively, have ceased to be used by the public to the extent that no substantial public purpose is served by it, and a public hearing shall be held regarding the issue of abandonment pursuant to O.C.G.A. § 32- 7-2. (Approved by Engineering Services CommitteeAugust 24, 2009) Background: The Salvation Army purchased several properties in efforts to develop the Kroc Center. In doing so, the Salvation Army became the sole owner of properties surrounding the subject roads and right-of-ways. Analysis:The Salvation Army is now the sole owner of the properties surrounding the streets and right-of-ways under review. The subject roads no longer serve a public benefit, making them eligible for abandonment. Such abandonment should be subject to any easements or restrictions deemed necessary by the Augusta-Richmond County Engineering and Utilities Departments. Financial Impact:none Alternatives:(1) Grant motion (2) Deny motion Recommendation:Deem the subject roads to serve no substantial public purpose and continue abandonment procedures pursuant to O.C.G.A. § 32-7-2. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 31 Attachment number 1 Page 1 of 1 Item # 31 Commission Meeting Agenda 9/1/2009 2:00 PM Downtown Development Authority Department:Clerk of Commission Caption:Motion to approve standardized permapave design for tree wells on Broad Street. DDA will work with the City of Augusta to install with $20,000 SPLOST funding. (Approved by Engineering Services Committee August 24, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 32 Attachment number 1 Page 1 of 1 Item # 32 Commission Meeting Agenda 9/1/2009 2:00 PM Property Condemnation - Permanent and Temporary Construction Easement Department:Utilities Caption:Motion to authorize condemnation to acquire title of a portion of property for permanent easements and temporary construction easement for the 60107 - Butler Creek Sanitary Sewer Replacement - East Project. PIN: 144-0-021-03-0 and 144-0-021-03-0 Pircle Lane. (Approved by Engineering Services Committee August 24,2009) Background:The City has been unable to reach an agreement with the real property owners. In order to proceed and avoid further delays, it is necessary to acquire and condemn a portion of the subject property interests. The required property interests consist of a permanent easement of 2,801 sq. ft. and temporary easement of 2,572 sq. ft. for 144-0-021-03-2; and permanent easement of 11,276 sq. ft. The appraised value of the easements if $3,648.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered within the project budget. Alternatives:Deny condemnation Recommendation:Approve condemnation Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNT: G/L 510043420-5411120 J/L 80260107-5411120 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 33 Commission Meeting Agenda 9/1/2009 2:00 PM Solutia, Inc. Easement Deed Department:Augusta Utilities Department Caption:Motion to approve and accept an Easement Deed from Solutia, Inc. (Approved by Engineering Services Committee August 24, 2009) Background:The Augusta Utilities Department will be replacing a portion of the Butler Creek Interceptor, between Doug Barnard Parkway and Highway 56. The sanitary sewer pipeline will be crossing the property of Solutia, Inc. Analysis:Solutia agreed to the appraised value of the easement. After the option was executed and the check prepared, Solutia asked that Augusta agree to the following deviations from the normal easement deed language: 1. That Augusta will cause it agents and contractors, entering Solutia's property, to be insured and to provide evidence of same. 2. That Augusta acknowledge that Solutia's property contains elevated levels of certain constituents in the groundwater and that Solutia's representative will be contacted, for an assessement, prior to entry on the property. Financial Impact:$17,499 (approved May 2009, check #262980) Alternatives:Deny motion to approve and accept an Easement Deed from Solutia, Inc. Recommendation:Approve motion to approve and accept an Easement Deed from Solutia, Inc. Funds are Available in the Following Accounts: 511043420-5411120 80360107-5411120 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 34 Attachment number 1 Page 1 of 3 Item # 34 Attachment number 1 Page 2 of 3 Item # 34 Attachment number 1 Page 3 of 3 Item # 34 Attachment number 2 Page 1 of 6 Item # 34 Attachment number 2 Page 2 of 6 Item # 34 Attachment number 2 Page 3 of 6 Item # 34 Attachment number 2 Page 4 of 6 Item # 34 Attachment number 2 Page 5 of 6 Item # 34 Attachment number 2 Page 6 of 6 Item # 34 Commission Meeting Agenda 9/1/2009 2:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held on August 18, 2009. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 35 Commission Meeting Agenda 9/1/2009 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 # 36 Commission Meeting Agenda 9/1/2009 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 # 37