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HomeMy WebLinkAbout2009-09-15-Meeting Agenda Commission Meeting Agenda Commission Chamber 9/15/2009 2:00 PM INVOCATION: Reverend U.S. Barber, Pastor, Be Whole Reconciliation Church International Ministry. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. Five (5) minute time limit per delegation DELEGATIONS A. Mr. Barry White, Executive Director, Convention and Visitors Bureau RE: CVB Activity Report Attachments CONSENT AGENDA (Items 1-39) PLANNING 1. FINAL PLAT – WEST WHEELER TOWNHOMES,PHASE 10 – S-803 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Southern Partners Inc, on behalf of ATC Development Co., requesting final plat approval for West Wheeler Townhomes, Phase 10. This residential townhome development is located on Aruba Circle, adjacent to West Wheeler Townhomes, Phase 11 and contains 18 lots. Attachments 2. Z-09-43 - A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Synnecca Kamga, on behalf of Jean Kamga, 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 .34 acres and is known as 2237 Winston Way. (Tax Map 131-0-289-00-0) DISTRICT 6 Attachments 3. Z-09-44 - A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Keyatta Priester, on behalf of Mark McClure, 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 .33 acres and is known as 718 Weed Street. (Tax map 034-1-211-00-0) DISTRICT 1 Attachments 4. Z-09-45 - A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following condition 1) that the congregate personal care home is limited to Attachments 16 persons; a petition by Richard Johnson 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 1.85 acres and is known as 1509 Brown Road. (Tax Map 214-0-006-04-0) DISTRICT 8 5. Z-09-48 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following conditions 1) that this property be developed consistent with the most recent concept plan submitted or R-1A density; 2) there be no access to Alice Lane; and 3) the developer shall reserve a 10 foot wide strip across the portion of the property that fronts Dennis Road in the event of future road widening; a petition by Tom Ashe, on behalf of Notchuway Land, LLC, requesting a change of zoning from Zone R-1A (One-family Residential) to Zone R-1 C (One-family Residential) affecting property containing 8.4 acres and known as 3043 Dennis Road. (Tax Map 007-0-001-00-0) DISTRICT 7 Attachments PUBLIC SERVICES 6. Motion to approve a revised landscape plan for new headquarters library to include the small garden in front of the building on Greene St. This plan has been approved by the Historic Commission. (Approved by Public Services Committee September 8, 2009) Attachments 7. Motion to approve a consulting engineering services agreement for HVAC replacement at Julian Smith Casino to Pruett, Ford and Associates for $19,000. (Approved by Public Services Committee September 8, 2009) Attachments 8. Motion to approve waiver of construction license fees associated with the Golden Harvest Food Bank's Master's Table project. (Approved by Public Services Committee September 8, 2009) Attachments 9. Motion to approve lease between Augusta, Georgia and Masters City Little League, LLC for lease of premises adjacent to Charles B.Webster Detention Center. (Approved by Public Services Committee September 8, 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 2, Super District 9). (Approved in September 1 Commission meeting - second reading) Attachments 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, Attachments Super District 9). (Approved in September 1 Commission meeting - second reading) PUBLIC SAFETY 12. Motion to approve a 2009 budget amendment for the BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation (JAG-Recovery) to reflect increased revenue in the amount of $584,165 which will be utilized to purchase 161 portable radios, 4 law enforcement vehicles, and computer software licensing. (Approved by Public Safety Committee September 8, 2009) Attachments 13. Motion to approve the renewal of a Grant Agreement with the Criminal Justice Coordinating Council for the Solicitor General's VWAP for the salary of the Domestic Violence Advocate for the period October 1, 2009 through September 30, 2010. (Approved by Public Safety Committee September 8, 2009) Attachments 14. Motion to approve the renewal of a Grant Agreement with the Criminal Justice Coordinating Council for the District Attorney's Victim Assistance Program for funding to support direct services to crime victims for the period October 1, 2009 through September 30, 2010. (Approved by Public Safety Committee September 8, 2009) Attachments 15. Motion to approve a Purchase of Services Subcontract for The Counseling Group RFP-08-185. (Approved by Public Safety Committee September 8, 2009) Attachments FINANCE 16. Motion to approve a request from the Augusta Mini Theatre, Inc. regarding a waiver of its 2009 property taxes. (Approved by Finance Committee September 8, 2009) Attachments 17. Motion to approve the recommendationof the Tax Assessor relative to a request from Mr. Gregory L. Hooper regarding a refund of real estate taxes for property located at 10 Park Place Circle. (Approved by Finance Committee September 8, 2009) Attachments 18. Motion to approve a Resolution of the Augusta-Richmond County Commission declaring the results of an election held on June 16, 2009 to determine the reimposition or non-reimposition of a Special One Percent Sales and Use Tax; and for other related purposes. (Approved by Finance Committee September 8, 2009) Attachments 19. Motion to approve a Resolution of the Augusta-Richmond County Commission authorizing the commencement of validation proceedings for its General Obligation bonds; and for other related purposes. (Approved by Finance Committee September 8, 2009) Attachments 20. Motion to approve recommendation from the Tax Assessor relative to a request from Mr. William Franklin Lamb regarding a proportional tax refund for the years 2006, 2007 and 2008 Attachments concerning property located at 60 Charlestowne Drive. (Approved by Finance Committee September 8, 2009) 21. Motion to approve the recommendtion of the Tax Assessor relative to a request from Mr. William Walker regarding a refund of taxes associated with the overstatement of the living area at his residence at 1326 Winter Street. (Approved by Finance Committee September 8, 2009) Attachments ENGINEERING SERVICES 22. Motion approve and authorize execution of an agreement between Augusta and the University of Georgia Research Foundation, Inc. Savannah River Ecology Laboratory (SREL) for the continuation of research and data collection related to bird activity around the constructed wetland treatment system. (Approved by Engineering Services Committee September 8, 2009) Attachments 23. Motion to approve to provide necessary signatures on furnished agreement to include Augusta Utilities Department water and sanitary sewer main relocations in the Georgia Department of Transportation contract for Alexander Drive. The estimated cost of the construction is $298,192.50. (Approved by Engineering Services Committee September 8, 2009) Attachments 24. Motion to approve the adoption of the Flood Insurance Study and the associated Flood Insurance Rate Maps for Augusta Richmond County. (Approved by Engineering Services Committee September 8, 2009) Attachments 25. Motion to amend agreement with Georgia Power Company for Power Distribution Termination Services at James B. Messerly WPCP. (Approved by Engineering Services Committee September 8, 2009) Attachments 26. Motion to approve CPB # 323-041110-201823332 Change Number Two and Supplemental Agreement Number Three in the amount of $65,000.00 on the Belair Road Improvements project. Funding is available in the project contingency account to be transferred to the project engineering account as requested by AED. (Approved by Engineering Services Committee September 8, 2009) Attachments 27. Motion to approve a Deed of Dedication and Maintenance Agreement for Water and Sanitary Sewer from West Wheeler Townhomes, Phase 8. (Approved by Engineering Services Committee September 8, 2009) Attachments 28. Motion to approve an Option for the purposes of acquiring a Right-of-Way between Schwerman Trucking Co., Successor by merger of Schwerman Real Estate and Development Corp., as owner, and Augusta, Georgia as optionee, in connection with the Marvin Griffin Road Improvement Project, (3,275 sq. ft.) in fee and (N/A sq. ft.) of permanent construction and maintenance easement, and (3,228 sq. ft.) of temporary construction easement from property located at: 1601 Marvin Griffin Road, private, at the purchase price of $2,600.00. (Approved by Attachments Engineering Services Committee September 8, 2009) 29. Motion to approve a change in scope to separate Old Savannah Road/Twiggs Street Improvement Project into two phases for design and construction as requested by AED. (Approved by Engineering Services Committee September 8, 2009) Attachments 30. Motion to approve an Option for the purposes of acquiring an easement between Soo H. Yun, as owner, and Augusta, Georgia, as optionee, in connection with the Marvin Griffin Road Improvements Project, (1,779 sq. ft.) of temporary construction easement from property located at: 1801 Marvin Griffin Road, private, at the purchase price of $125.00. (Approved by Engineering Services Committee September 8, 2009) Attachments 31. Motion to approve award of the contract for construction of a new restroom facility at Pendleton King Park to the low bidder, Sommers Construction of Evans, GA, in the amount of $25,740, to be funded from reprogrammed SPLOST I - GL 271-01-6215/JL 207-27-2007, approved by the Commission. (Approved by Engineering Services Committee September 8, 2009) Attachments 32. Motion to approve the readoption of the Flood Damage Prevention Ordinance as amended and waive the second reading. (Approved by Engineering Services Committee September 8, 2009) Attachments 33. Motion to approve the recapture and/or reallocation of SPLOST III funds programmed for the Public Services Department and County Forces into Phase IV programmed categories. (Approved by Engineering Services Committee September 8, 2009) Attachments 34. Motion to approve a Resolution requesting easements across Georgia State property. (Approved by Engineering Services Committee September 8, 2009) Attachments 35. Motion to authorize proceeding with securing funding for projects to improve the following key roads: Windsor Spring Road (Willis Forman Rd to Tobacco Rd), Wrightsboro Road (Jimmie Dyess Parkway to I-520), Marvin Griffin Road (Doug Bernard Parkway to Mike Padgett Hwy), Alexander Drive (Washington Rd to Riverwatch Parkway), and Broad Street (5th Street to 13th Street). (Approved by Engineering Services Committee September 8, 2009) Attachments 36. Motion to approve the City providing on its website a link to the website that has been created concerning the mitigation of the Springfield Historic District, an African-American archaeological site, as part of the St. Sebastian Street Extension project. The Springfield Historic District website has been finalized and is available to the public. This website contains lesson plans at the 8th grade level and this is requesting that the Augusta- Richmond County Board of Education also be made aware of this educational opportunity. (Approved by Engineering Services Committee September 8, 2009) Attachments 37. Motion to approve letter from the Mayor to the Department of Transportation to transfer TE Attachments Grant from 5th Street Depot to James Brown Blvd. Streetscape Project. (Approved by Engineering Services Committee September 8, 2009) 38. Motion to approve award of Construction Contract to L-J, Inc. in the amount of $537,085.00 and Capital Project Budget for the Turknett Springs Detention Basin Improvements Project, subject to receipt of signed contracts and proper bonds as requested by AED. Funding in the amount of $537,085.00 with $268,542.50 from Augusta Utilities and $268,542.50 from SPLOST IV Augusta Public Services for project construction. (Approved by Engineering Services Committee September 8, 2009) Attachments PETITIONS AND COMMUNICATIONS 39. Motion to approve the minutes of the regular meeting of the Commission held on September 1, 2009. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 9/15/2009 AUGUSTA COMMISSION REGULAR AGENDA 9/15/2009 (Items 40-44) PLANNING 40. Z-09-46 - A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following condition 1) the use of the property be limited to hotels or those uses allowed in a B-1 (Neighborhood Business) Zone; a petition by G. B. Sharma requesting a change of zoning from Zone B-1 (Neighborhood Business) and Zone R-MH (Manufactured Home Residential) to Zone B-2 (General Business) affecting property consisting of two tracts as described below: Tract 1 contains 1.31 acres and is known as 2820 Old U.S. Hwy. 1. (Tax Map 118-0-009-02-0) DISTRICT 5 Tract 2 contains 3.84 acres and is known as 2802 Old U.S. Hwy 1. (Tax Map 118-0-008-00-0) DISTRICT 5 Attachments ADMINISTRATIVE SERVICES 41. Discuss/Receive results of Disparity Study from Mr. Jon Wainwright, Vice President, NERA Economic Consulting. Attachments PUBLIC SAFETY 42. Motion to accept grant award for the District Attorney's Office Victim Assistance Program to the Criminal Justice Coordinating Council for a 2009 Recovery Act Victim Services Grant in the amount of $36,330 for the period 8/1/09 through 9/30/10. Attachments Upcoming Meetings www.augustaga.gov SUBCOMMITTEE TEE Center 43. Update from the TEE Center Subcommittee. Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 44. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 9/15/2009 2:00 PM Invocation Department:Clerk of Commission Caption:Reverend U.S. Barber, Pastor, Be Whole Reconciliation Church International Ministry. 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 9/15/2009 2:00 PM CVB Department:Clerk of Commission Caption:Mr. Barry White, Executive Director, Convention and Visitors Bureau RE: CVB Activity Report 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 9/15/2009 2:00 PM Planning Commission Department:Planning Commission Caption: Z-09-46 - A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following condition 1) the use of the property be limited to hotels or those uses allowed in a B-1 (Neighborhood Business) Zone; a petition by G. B. Sharma requesting a change of zoning from Zone B-1 (Neighborhood Business) and Zone R-MH (Manufactured Home Residential) to Zone B-2 (General Business) affecting property consisting of two tracts as described below: Tract 1 contains 1.31 acres and is known as 2820 Old U.S. Hwy. 1. (Tax Map 118-0-009-02-0) DISTRICT 5 Tract 2 contains 3.84 acres and is known as 2802 Old U.S. Hwy 1. (Tax Map 118-0-008-00-0) 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 # 3 Commission Meeting Agenda 9/15/2009 2:00 PM Planning Commission Department:Planning Commission Caption: FINAL PLAT – WEST WHEELER TOWNHOMES,PHASE 10 – S-803 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Southern Partners Inc, on behalf of ATC Development Co., requesting final plat approval for West Wheeler Townhomes, Phase 10. This residential townhome development is located on Aruba Circle, adjacent to West Wheeler Townhomes, Phase 11 and contains 18 lots. 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 9/15/2009 2:00 PM Planning Commission Department:Planning Commission Caption: Z-09-43 - A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Synnecca Kamga, on behalf of Jean Kamga, 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 .34 acres and is known as 2237 Winston Way. (Tax Map 131-0-289-00-0) 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 # 5 Commission Meeting Agenda 9/15/2009 2:00 PM Planning Commission Department:Planning Commission Caption: Z-09-44 - A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Keyatta Priester, on behalf of Mark McClure, 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 .33 acres and is known as 718 Weed Street. (Tax map 034-1-211-00-0) 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 # 6 Commission Meeting Agenda 9/15/2009 2:00 PM Planning Commission Department:Planning Commission Caption: Z-09-45 - A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following condition 1) that the congregate personal care home is limited to 16 persons; a petition by Richard Johnson 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 1.85 acres and is known as 1509 Brown Road. (Tax Map 214-0-006-04-0) 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 # 7 Commission Meeting Agenda 9/15/2009 2:00 PM Planning Commission Department:Planning Commission Caption: Z-09-48 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following conditions 1) that this property be developed consistent with the most recent concept plan submitted or R-1A density; 2) there be no access to Alice Lane; and 3) the developer shall reserve a 10 foot wide strip across the portion of the property that fronts Dennis Road in the event of future road widening; a petition by Tom Ashe, on behalf of Notchuway Land, LLC, requesting a change of zoning from Zone R-1A (One-family Residential) to Zone R-1 C (One-family Residential) affecting property containing 8.4 acres and known as 3043 Dennis Road. (Tax Map 007-0-001-00-0) 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 # 8 Commission Meeting Agenda 9/15/2009 2:00 PM change Order 21-Library Landscaping Department:Library Caption:Motion to approve a revised landscape plan for new headquarters library to include the small garden in front of the building on Greene St. This plan has been approved by the Historic Commission. (Approved by Public Services Committee September 8, 2009) Background:When the construction contract was awared, it included plantings along James Brown Blvd, the south side of the bldg and the parking area, but did not include the 'green area' at the north of the bldg. It was planned that this would be added later. The design was proposed and then revised to a lower amount to save some on the cost of the Greene St are. The plan proposed here includes the original planting plus additional to make an appealing garden area on Greene Street. Analysis:The original plan provided trees as required but did not include the garden area on Greene Street outside the children's area. Financial Impact:Additional $29,757. The attached shows total cost, plus additions and the credit from the original proposal. Alternatives:Stay with the original which would provide planting of trees to meet local ordinances and have no green space on north side of bldg. Recommendation:Accept this one. Funds are Available in the Following Accounts: SPLOST 324-05-1120 202150320 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 9 Item # 9 Item # 9 Item # 9 Item # 9 Item # 9 Item # 9 Item # 9 Item # 9 Item # 9 Item # 9 Item # 9 Item # 9 Item # 9 Commission Meeting Agenda 9/15/2009 2:00 PM Engineering Sevices Agreement for HVAC Replacement at Lake Olmstead Julian Smith Casino Department:Tom F. Beck, Director, Recreation and Parks Department Caption:Motion to approve a consulting engineering services agreement for HVAC replacement at Julian Smith Casino to Pruett, Ford and Associates for $19,000. (Approved by Public Services Committee September 8, 2009) Background:As mechanical engineers of record at the Casino, Pruett, Ford and Associates were issued a purchase order in 2008 to provide the Department with a written study that would analyze the system requirements and system performance of the HVAC system at the Casino. The study recommended the replacement of the system entirely due to performance failure, the equipment being at the end of its economic life, and code compliant issues. Analysis:Based on the need for HVAC replacement at the Casino, the City of Augusta made eapplication and received an energy Efficiency and Conservation Grant (EECBG) through the Department of Energy for $350,000 as part of the Federal Recovery Act Stimulus Program. This project aligned with the eligible activity, Energy Efficiency Retrofits - opprtunities for governmental agencies to retrofit existing facilities to improve energy efficiency. Financial Impact:Federal funds will provide the funding for the design and replacement of the HVAC system at the Julian Smith Casino. Alternatives:1. To approve. 2. Move no action delaying the design and installation of the new HVAC system at this very popular rental facility located on Lake Olmstead Park. Recommendation:1.T approve a engineering services agreement with Pruett, Ford and Associates for $19,000. Funds are Available in the Following Accounts: Federal Energy Grant Program Fund 220 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Cover Memo Item # 10 Administrator. Clerk of Commission Cover Memo Item # 10 Augusta - Julian Smith Casino HVAC renovation rev2.docx Proposal and Agreement to Provide Consulting Engineering Services to: Augusta Recreation and Parks Department Mr. Ron Houck 2027 Lumpkin Rd. Augusta, GA 30916 Project Description Julian Smith Casino HVAC Renovation: The project scope involves the renovation and replacement of the HVAC systems serving the assembly area of the Julian Smith Casino in Augusta, Georgia. The design solution is as described in the study generated by the Engineer. A. Agreement: Consulting Engineering Services Pruett, Ford & Associates, Inc. ("Engineer"), will provide design and specifications to the Augusta Recreation and Parks Department ("Owner") for design of Mechanical systems and other related systems for the Julian Smith Casino HVAC Renovation. B. Scope of Services: Our services will include the following: PHASE I - Construction Document Preparation: 1. Survey of the existing building and drawings. 2. Design of interior HVAC, Plumbing, Electrical and Structural systems to a point approximately 5 feet outside of the building perimeter. 3. Preparation of reproducible HVAC, Plumbing, Electrical and Structural Drawings. 4. Preparation of Construction Documents and Specifications suitable for reproduction. PHASE II - Construction Administration: 5. Review of Shop Drawings. 6. Periodic Site Inspections during Construction and Site Inspection Reports. C. Qualifications to Part B: 1. [not used] 2. No energy analysis or life-cycle cost analysis is included in the proposal. 3. No design of atrium smoke evacuation systems is included in this proposal. 4. No environmental permitting document preparation for fuel-burning equipment is included in this proposal. Attachment number 1 Page 1 of 3 Item # 10 Augusta - Julian Smith Casino HVAC renovation rev2.docx 5. The cost of services such as land surveying, soil boring, airflow testing and water system flow testing which may be required for completion of the design, are not included in this proposal. 6. This proposal does not include the cost of reproducing multiple sets of construction documents to potential bidders. Printing costs associated with documents printed for distribution to bidders will be reimbursed to the Engineer at actual cost. 7. [not used] 8. The review of shop drawings by the Engineer shall be limited to evaluating the conformance of the submittal with the overall design concept only. 9. The Engineer shall bear no responsibility for project jobsite safety during the construction phase of the project. 10. The Engineer assumes no liability for the construction Contractor s means and methods. The Engineer does not assume the obligation to ensure the Contractor s compliance with plans and specifications, or compliance with applicable Construction Codes. 11. This proposal and agreement is between the two parties designated Owner and Engineer, and is not assignable by either party to a third party, unless by written agreement between the two parties. D. Additional Services: Any required services not specified in Part "B" of this Proposal shall be considered "Additional Services" and can be provided at a proposed price for specific changes or at an hourly rate as specified in Part "F" below. Additions and/or changes to the Scope of Work, including but not limited to the floor plans, general arrangements or equipment layout will be accounted for by utilizing Design Change Notices (DCN's) issued by the Engineer. Compensation for DCN's shall be paid to the Engineer by the Owner and shall be based on the Rate Schedule shown below. E. Use of Documents: The Drawings and Specifications shall not be used by the Owner on other projects, for additions to this Project, or for completion of this Project by others, provided Pruett, Ford & Associates, Inc., is not in default under this agreement, except by agreement in writing and with appropriate compensation to Pruett, Ford & Associates, Inc. as provided in Part "F" of this Proposal. F. Billing and Payment: Attachment number 1 Page 2 of 3 Item # 10 Augusta - Julian Smith Casino HVAC renovation rev2.docx 1. The price for the services as defined in Part "B", Paragraphs 1 through 6, shall be a stipulated sum of Nineteen Thousand Dollars ($19,000.00). 2. The Hourly Rates for Additional Services are as follows: Principal $ 140.00/Hour Registered Engineer $ 110.00/Hour Project Engineer $ 90.00/Hour Project Designer II $ 70.00/Hour Project Designer I $ 55.00/Hour Drafting $ 40.00/Hour Clerical/Word Processing $ 40.00/Hour Travel $ .48/Mile AutoCad document files $50.00/drawing sheet Direct Expense 1.0 Times Actual Expense 3. Billing shall be made monthly based on progress, due in 30 days. All invoice payment not postmarked within 30 days of invoice date will be assessed at 1-1/2% interest charge per month. G. Acceptance: If this Proposal is acceptable to the Augusta Recreation and Parks Department, please provide authorization by signing below and returning a copy to us within 30 days of August 6, 2009. PRUETT, FORD AND ASSOCIATES, INC. 1201 Broad St., Suite 3A, Augusta, Georgia 30901 By: Date: August 6, 2009 Client:_______________________________ By:_________________________________ Date:_______________________________ Attachment number 1 Page 3 of 3 Item # 10 Commission Meeting Agenda 9/15/2009 2:00 PM Golden Harvest Food Bank Department:Clerk of Commission Caption:Motion to approve waiver of construction license fees associated with the Golden Harvest Food Bank's Master's Table project. (Approved by Public Services Committee September 8, 2009) 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 9/15/2009 2:00 PM Motion to approve lease between Augusta, Georgia and Masters City Little League, LLC for lease of premises adjacent to Charles B. Webster Detention Center Department:Public Services Caption:Motion to approve lease between Augusta, Georgia and Masters City Little League, LLC for lease of premises adjacent to Charles B.Webster Detention Center. (Approved by Public Services Committee September 8, 2009) Background:Years ago, the State of Georgia deeded to Augusta-Richmond County land on Phinizy Road where the Charles B. Webster Detention Facility was later built. Masters City Little League, LLC has facilities and several ball fields adjacent to that property. MastersCity has a long term lease from the State of Georgia for use of that property for its activities. Inadvertently, when the state deeded the land to Augusta-RichmondCounty, a portion of the land on which MastersCity’s facilities is located was included in the deed to Augusta. At the present time, a portion of the Masters City Little League facilities is located on land owned by Augusta. MastersCity has been desirous of entering into a lease of that strip of land on which its facilities already exist. Masters City Little League is a private non-profit organization which raises and collects funds from Augusta-RichmondCounty citizens and voters who use the facilities to provide Little League activities to their children. The funds raised by MastersCity is used for maintenance and improvements to support their program and MastersCity has over the years invested large sums of money into these facilities. Their Board and their users want some kind of written assurance of their right to continued use of the property before they continue to expend donated sums to maintain and improve the facilities. Analysis:At the present time, there are no long term plans of expansion of the Charles B. Webster Detention Facility that would necessitate using any of the land that Masters City Little League currently uses or would be subject of the proposed lease. This matter has been reviewed by the Sheriff and jail officials, Tom Beck of the Recreation Department as well as Bob Munger, who have all indicated that a long term lease with Masters City would not in any way affect any future expansion plans of the Charles B. Webster Detention Facility for at least several decades. The proposed lease is a lease with a one year term that would automatically renew itself on an annual basis for additional one year terms. The lease also provides that it can be terminated by either party upon 90 days notice. Therefore, if it ever becomes necessary in the future to utilize the land subject to the lease, Augusta can terminate the lease upon 90 days notice which should be more than ample time. Financial Impact:None Cover Memo Item # 12 Alternatives:Not to enter into any lease with Masters City and continuing the status quo. Recommendation:Approve lease with Masters City Little League, LLC Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 12 1 AGENDA ITEM TO: COMMISSION FROM: JAMES W. ELLISON, COUNSEL FOR SHERIFF STRENGTH DATE: August 13, 2009 SUBJECT: Lease of premises adjacent to Charles B. Webster Detention Center on Phinizy Road to Masters City Little League, LLC CAPTION: Motion to approve lease between Augusta, Georgia and Masters City Little League, LLC for lease of premises adjacent to Charles B. Webster Detention Center BACKGROUND: Years ago, the State of Georgia deeded to Augusta-Richmond County land on Phinizy Road where the Charles B. Webster Detention Facility was later built. Masters City Little League, LLC has facilities and several ball fields adjacent to that property. Masters City has a long term lease from the State of Georgia for use of that property for its activities. Inadvertently, when the state deeded the land to Augusta-Richmond County, a portion of the land RQZKLFK0DVWHUV&LW\¶VIDFLOLWLHVLVlocated was included in the deed to Augusta. At the present time, a portion of the Masters City Little League facilities is located on land owned by Augusta. Masters City has been desirous of entering into a lease of that strip of land on which its facilities already exist. Masters City Little League is a private non-profit organization which raises and collects funds from Augusta-Richmond County citizens and voters who use the facilities to provide Little League activities to their children. The funds raised by Masters City is used for maintenance and improvements to support their program and Masters City has over the years invested large sums of money into these facilities. Their Board and their users want some kind of written assurance of their right to continued use of the property before they continue to expend donated sums to maintain and improve the facilities. ANALYSIS: At the present time, there are no long term plans of expansion of the Charles B. Webster Detention Facility that would necessitate using any of the land that Masters City Little League currently uses or would be subject of the proposed lease. This matter has been reviewed by the Sheriff and jail officials, Tom Beck of the Recreation Department as well as Bob Munger, who have all indicated that a long term lease with Masters City would not in any way affect any future expansion plans of the Charles B. Webster Detention Facility for at least several decades. The proposed lease is a lease with a one year term that would automatically renew itself on an annual basis for additional one year terms. The lease also provides that it can be terminated by either party upon 90 days notice. Therefore, if it ever becomes necessary in the future to utilize the land subject to the lease, Augusta can terminate the lease upon 90 days notice which should be more than ample time. Attachment number 1 Page 1 of 2 Item # 12 2 FINANCIAL IMPACT: None. ALTERNATIVES: Not to enter into any lease with Masters City and continuing the status quo. RECOMMENDATION: Approve lease with Masters City Little League, LLC Administrator: COMMITTEE ACTION: Attachment number 1 Page 2 of 2 Item # 12 1 STATE OF GEORGIA ) RICHMOND COUNTY ) LEASE AGREEMENT THIS LEASE made and entered into this ______ day of _____________, 2009, by and between AUGUSTA, GEORGIA, a political subdivision organized and existing under the laws of the State of Georgia, hereinafter referred to as Lessor, and MASTER CITY LITTLE LEAGUE, LLC, a corporation organized and existing under the laws of the State of Georgia, hereinafter referred to as Lessee: W I T N E S S E T H: For and in consideration of the sum of Ten Dollars ($10.00), the mutual covenants contained herein and other good and valuable consideration in hand well and truly paid at and before the dealing and delivery of these presents the parties agree as follows: 1. Lessor agrees to lease to Lessee for an initial period of one (1) year from the date of this agreement, all that lot, tract and parcel of land being shown and designated as DQ³$&´ on the plat attached as Exhibit A and by reference incorporated herein, to which reference is hereby made to said plat for a more complete and accurate description as to the metes, bounds, locations and distances of said property. 2. Lessee agrees that the premises leased hereunder shall be used exclusively for general recreation purposes and in the event that said premises are abandoned or cease to be used by Lessee for general recreation purposes, then and in any of those events, all rights of the Lessee to the use of said land shall immediately cease and the land and all improvements thereon shall revert absolutely and without encumbrance or restriction to the Lessor. 3. Lessee agrees that the premises leased hereunder shall be properly maintained to acceptable standards for public recreational use, to include regular mowing and trimming of grass, collection and disposal of garbage, cleaning of parking areas, repairs and painting of buildings and other structures, and regular upkeep of all signage on property. An annual property inspection of all leased area Attachment number 2 Page 1 of 3 Item # 12 2 shall be conducted by Augusta on the anniversary of the initial date of the lease each year until the lease terminates as provided herein. 4. Lessee agrees to indemnify, save and hold harmless Lessor against and all claims arising out of or in any other way connected with the use of the leased premises during the term of this lease or otherwise prior to delivery by Lessee to Lessor of possession of the premises. As part of this indemnification clause, Lessee agrees to indemnify Lessor against any and all liability, loss, cost, damage or expense sustained by Lessor including attorney's fees and other expenses of litigation in any way connected with the use of the premises including the access street referred to above. 5. Lessee agrees to main liability insurance in an amount of not less than One Million ($1,000,000.00) Dollars which shall be written so as to protect Lessor from any and all claims for personal injury including death which may be in any way connected with use of the premises leased herein. Lessee agrees to have Lessor named as co-insured on the policy of insurance obtained and to file certificates of insurance with the Lessor reflecting Lessor's status as a co-insured. The insurance required herein shall be subject to the approval of lessor, both for the adequacy of protection and approval of the insurer. 6. The Lessee shall not sell or assign this lease or sublet the leased premises or any part thereof. 7. Lessee shall pay any and all real property taxes, if any, levied on the premises or any improvements thereon during the term of this lease. 8. The parties hereto agree that in the event either party wishes to cancel this lease, cancellation may be effective by the giving of ninety days (90) notice from the canceling party to the other party. The notice as provided for herein shall be sent by certified or registered mail return receipt requested. Cancellation of this lease as provided for herein shall be effective ninety (90) days from the date of the notice as provided for herein. Attachment number 2 Page 2 of 3 Item # 12 3 9. Unless notice of cancellation of this lease is given by either party as provided in the preceding paragraph herein, this lease shall automatically renew for an additional one (1) year term on the anniversary date of the execution of this lease. 10. Any notices required under this lease shall be provided as follows: LESSOR: Administrator, Augusta, Georgia City-County Building 530 Greene Street Augusta, GA 30911 LESSEE: Masters City Little League P.O. Box 6223 Augusta, GA 30906 IN WITNESS WHEREOF, the Lessor and Lessee have caused this agreement to be executed on the day and year first above written. Signed, sealed and delivered ) in the presence of: ) AUGUSTA, GEORGIA ) _________________________ ) By: ___________________________ ) As its Mayor _________________________ ) NOTARY PUBLIC, STATE OF _____ ) ATTEST: MY COMMISSION EXPIRES: _____ ) ) _______________________________ ) Clerk ) Signed, sealed and delivered ) MASTER CITY LITTLE LEAGUE, LLC In the presence of: ) ) By: ____________________________ ____________________________ ) As its ______________________ ) ____________________________ ) NOTARY PUBLIC, STATE OF _____ ) ATTEST: MY COMMISSION EXPIRES: ______ ) _________________________________ Attachment number 2 Page 3 of 3 Item # 12 Attachment number 3 Page 1 of 1 Item # 12 Commission Meeting Agenda 9/15/2009 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). (Approved in September 1 Commission meeting - second reading) Background:The approval of this ordinance will provide for the demolition of certain structures that have been determined to be dilapidated beyond repair and a public nuisance. The owners of the above referenced properties have been requested to correct the property maintenance violations. The violations were not corrected. By approving this ordinance the City will have the structures demolished, record a lien against the property in the amount of the costs incurred, and send the property owners a bill for payment that is due within 30 days of receipt. Analysis:Continuing the removal of dilapidated structures will signal to the public that neglected, unsafe and uninhabitable structures will not be allowed and that property owners will be held responsible for their properties. Financial Impact:The average total cost associated with the demolition of each property will be approximately $5,200.00. This includes the title search, asbestos survey, and demolition. Alternatives:Allow the unsafe structures to remain and continue to have a negative impact on the neighborhoods and City. Recommendation:Approval Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNT: Account # 220-07-2912 / 5212999 REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 13 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 # 13 Commission Meeting Agenda 9/15/2009 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). (Approved in September 1 Commission meeting - second reading) Background:The approval of this ordinance will provide for the demolition of certain structures that have been determined to be dilapidated beyond repair and a public nuisance. The owners of the above referenced properties have been requested to correct the property maintenance violations. The violations were not corrected. By approving this ordinance the City will have the structures demolished, record a lien against the property in the amount of the costs incurred, and send the property owners a bill for payment that is due within 30 days of receipt. Analysis:Continuing the removal of dilapidated structures will signal to the public that neglected, unsafe and uninhabitable structures will not be allowed and that property owners will be held responsible for their properties. Financial Impact:The average total cost associated with the demolition of each property will be approximately $5,200.00. This includes the title search, asbestos survey, and demolition. Alternatives:Allow the unsafe structures to remain and continue to have a negative impact on the neighborhoods and City. Recommendation:Approval Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNT: Account # 101072910 / 5212999 Cover Memo Item # 14 REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 14 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 # 14 • 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 # 14 Commission Meeting Agenda 9/15/2009 2:00 PM Presentation from NERA Economic Consulting on the Comprehensive Disparity Study Department:Disadvantaged Business Enterprise (DBE) Caption:Discuss/Receive results of Disparity Study from Mr. Jon Wainwright, Vice President, NERA Economic Consulting. Background:The Consolidated Government of Augusta-Richmond County solicited NERA Economic Consulting to conduct a Comprehensive Disparity Study RFP 07-115 of the procurement practice of Augusta-Richmond County. The Study shall determine if there is a disparity between the number of minority and woman owned businesses that are ready, willing, and able to perform construction, professional services, and goods/services contracts and the numbers of these same business types who are actually participating in these same types of contracts with Augusta. Based upon the Disparity Study, advise ARC regarding whether there is statistical support for implementing a Disadvantaged Business Enterprise Program (DBE program) Ordinance. Assist ARC with any legal challenges to the new DBE program ordinance. The Study shall examine and analyze the procurement policies and practices of Augusta-Richmond County and its prime contractors with regard to subcontracting to minority and woman owned businesses that provide goods and services, including construction. The goal of the study is to determine whether there exists a statistically significant disparity between the availability versus the utilization of Disadvantaged Business Enterprise subcontractors of similar capacity, as compared with the availability versus the utilization of majority owned companies of similar capacity to DBEs. Direction and supervision of this Study must conform to the requirements of current case law regarding disparity studies and DBE programs. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: Cover Memo Item # 15 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 15 Commission Meeting Agenda 9/15/2009 2:00 PM 2009 Recovery Act Victim Services Grant Department:Clerk of Commission Caption:Motion to accept grant award for the District Attorney's Office Victim Assistance Program to the Criminal Justice Coordinating Council for a 2009 Recovery Act Victim Services Grant in the amount of $36,330 for the period 8/1/09 through 9/30/10. Background:Commission approved for the application of this grant on July 7, 2009. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 16 Attachment number 1 Page 1 of 46 Item # 16 Attachment number 1 Page 2 of 46 Item # 16 Attachment number 1 Page 3 of 46 Item # 16 Attachment number 1 Page 4 of 46 Item # 16 Attachment number 1 Page 5 of 46 Item # 16 Attachment number 1 Page 6 of 46 Item # 16 Attachment number 1 Page 7 of 46 Item # 16 Attachment number 1 Page 8 of 46 Item # 16 Attachment number 1 Page 9 of 46 Item # 16 Attachment number 1 Page 10 of 46 Item # 16 Attachment number 1 Page 11 of 46 Item # 16 Attachment number 1 Page 12 of 46 Item # 16 Attachment number 1 Page 13 of 46 Item # 16 Attachment number 1 Page 14 of 46 Item # 16 Attachment number 1 Page 15 of 46 Item # 16 Attachment number 1 Page 16 of 46 Item # 16 Attachment number 1 Page 17 of 46 Item # 16 Attachment number 1 Page 18 of 46 Item # 16 Attachment number 1 Page 19 of 46 Item # 16 Attachment number 1 Page 20 of 46 Item # 16 Attachment number 1 Page 21 of 46 Item # 16 Attachment number 1 Page 22 of 46 Item # 16 Attachment number 1 Page 23 of 46 Item # 16 Attachment number 1 Page 24 of 46 Item # 16 Attachment number 1 Page 25 of 46 Item # 16 Attachment number 1 Page 26 of 46 Item # 16 Attachment number 1 Page 27 of 46 Item # 16 Attachment number 1 Page 28 of 46 Item # 16 Attachment number 1 Page 29 of 46 Item # 16 Attachment number 1 Page 30 of 46 Item # 16 Attachment number 1 Page 31 of 46 Item # 16 Attachment number 1 Page 32 of 46 Item # 16 Attachment number 1 Page 33 of 46 Item # 16 Attachment number 1 Page 34 of 46 Item # 16 Attachment number 1 Page 35 of 46 Item # 16 Attachment number 1 Page 36 of 46 Item # 16 Attachment number 1 Page 37 of 46 Item # 16 Attachment number 1 Page 38 of 46 Item # 16 Attachment number 1 Page 39 of 46 Item # 16 Attachment number 1 Page 40 of 46 Item # 16 Attachment number 1 Page 41 of 46 Item # 16 Attachment number 1 Page 42 of 46 Item # 16 Attachment number 1 Page 43 of 46 Item # 16 Attachment number 1 Page 44 of 46 Item # 16 Attachment number 1 Page 45 of 46 Item # 16 Attachment number 1 Page 46 of 46 Item # 16 Commission Meeting Agenda 9/15/2009 2:00 PM Approve Funding of "Patrol Enhancement Project" through BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation (JAG-Recovery) Department:Sheriff Caption:Motion to approve a 2009 budget amendment for the BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation (JAG-Recovery) to reflect increased revenue in the amount of $584,165 which will be utilized to purchase 161 portable radios, 4 law enforcement vehicles, and computer software licensing. (Approved by Public Safety Committee September 8, 2009) Background:Mobile communications technology has changed over the past twelve years, and a majority of the currently-used portable radios were purchased either before 1996 or shortly after. In an effort to transition from an older technology to the latest, the RCSO began purchasing portable radios for some divisions last year. The Richmond County Sheriff's Office (RCSO) proposes to purchase 161 portable radio devices. The purchase of these 161 radios will complete the transition from the older radios to the latest technology. The RCSO proposes to purchase four (4) additional law enforcement vehicles. As the RCSO fleet is becoming older and more difficult to be replaced due to current budget constraints, the use of this available funding will allow for the unencumbered purchase of four vehicles.The RCSO proposes to purchase software licensing for a field reporting module available to the Uniformed Division. As part of the current Mobile Data Terminal (MDT) technology program well under way at the RCSO, this accident-reporting software use will further enhance the professional operations of the agency. As the software purchase has already been made, additional licensing for each MDT is all that is now required. Analysis: Financial Impact:Funding Source: BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation Program Federal Funding: $584,165 Local Funding: NONE Total Grant Funding: $584,165 Alternatives:Permit the loss of the present opportunity to upgrade expensive technology and purchase vehicles and computer software licensing with minimal cast to the taxpayer. Recommendation:Approve the 2009 budget amendment for the purpose of upgrading portable radio technology and purchase of vehicles and computer software licensing. Funds are Available in the Following Accounts: Funds will be available.Cover Memo Item # 17 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 17 Commission Meeting Agenda 9/15/2009 2:00 PM Grant Agreement - Solicitor General VWAP Department:Clerk of Commission Caption:Motion to approve the renewal of a Grant Agreement with the Criminal Justice Coordinating Council for the Solicitor General's VWAP for the salary of the Domestic Violence Advocate for the period October 1, 2009 through September 30, 2010. (Approved by Public Safety Committee September 8, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 18 Attachment number 1Page 1 of 10 Item # 18 Attachment number 1Page 2 of 10 Item # 18 Attachment number 1 Page 3 of 10 Item # 18 Attachment number 1 Page 4 of 10 Item # 18 Attachment number 1 Page 5 of 10 Item # 18 Attachment number 1 Page 6 of 10 Item # 18 Attachment number 1 Page 7 of 10 Item # 18 Attachment number 1 Page 8 of 10 Item # 18 Attachment number 1 Page 9 of 10 Item # 18 Attachment number 1 Page 10 of 10 Item # 18 Commission Meeting Agenda 9/15/2009 2:00 PM Grant Agreement - Victim Assistance Program Department:Clerk of Commission Caption:Motion to approve the renewal of a Grant Agreement with the Criminal Justice Coordinating Council for the District Attorney's Victim Assistance Program for funding to support direct services to crime victims for the period October 1, 2009 through September 30, 2010. (Approved by Public Safety Committee September 8, 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 Attachment number 1 Page 1 of 9 Item # 19 Attachment number 1 Page 2 of 9 Item # 19 Attachment number 1 Page 3 of 9 Item # 19 Attachment number 1 Page 4 of 9 Item # 19 Attachment number 1 Page 5 of 9 Item # 19 Attachment number 1 Page 6 of 9 Item # 19 Attachment number 1 Page 7 of 9 Item # 19 Attachment number 1 Page 8 of 9 Item # 19 Attachment number 1 Page 9 of 9 Item # 19 Commission Meeting Agenda 9/15/2009 2:00 PM Purchase of Services Subcontract Department:Clerk of Commission Caption:Motion to approve a Purchase of Services Subcontract for The Counseling Group RFP-08-185. (Approved by Public Safety Committee September 8, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 20 Attachment number 1 Page 1 of 2 Item # 20 Attachment number 1Page 2 of 2 Item # 20 Attachment number 2 Page 1 of 3 Item # 20 Attachment number 2 Page 2 of 3 Item # 20 Attachment number 2 Page 3 of 3 Item # 20 Commission Meeting Agenda 9/15/2009 2:00 PM Augusta Mini Theatre Department:Clerk of Commission Caption:Motion to approve a request from the Augusta Mini Theatre, Inc. regarding a waiver of its 2009 property taxes. (Approved by Finance Committee September 8, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Commission Meeting Agenda 9/15/2009 2:00 PM Gregory L. Hooper Department:Clerk of Commission Caption:Motion to approve the recommendationof the Tax Assessor relative to a request from Mr. Gregory L. Hooper regarding a refund of real estate taxes for property located at 10 Park Place Circle. (Approved by Finance Committee September 8, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 4 Attachment number 1Page 2 of 4 Attachment number 1Page 3 of 4 Attachment number 1Page 4 of 4 Attachment number 2Page 1 of 2 Attachment number 2Page 2 of 2 Commission Meeting Agenda 9/15/2009 2:00 PM Resolution Declaring the Results of the SPLOST Election Department:Law Department Caption:Motion to approve a Resolution of the Augusta-Richmond County Commission declaring the results of an election held on June 16, 2009 to determine the reimposition or non-reimposition of a Special One Percent Sales and Use Tax; and for other related purposes. (Approved by Finance Committee September 8, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo ATLANTA:5146265.1 A RESOLUTION OF THE AUGUSTA-RICHMOND COUNTY COMMISSION DECLARING THE RESULTS OF AN ELECTION HELD ON JUNE 16, 2009 TO DETERMINE THE REIMPOSITION OR NON-REIMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX; AND FOR OTHER RELATED PURPOSES. WHEREAS, Augusta-Richmond County Commission (the “Commission”), which is charged with the duties of levying taxes, contracting debts, and managing the affairs of Augusta, Georgia (the “Consolidated Government”), and the Richmond County Board of Elections (the “Superintendent of Elections”), which is the Superintendent of Elections of Richmond County, called an election which was held on June 16, 2009 for the purpose of submitting to the qualified voters of Richmond County the question of whether or not a special one percent sales and use tax should be reimposed; and WHEREAS, the ballots used in the election provided that if reimposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of the County in the principal amount of $52,500,000 (the “General Obligation Debt”); and WHEREAS, the returns of the election were duly brought up by the Managers of such election, as required by law, and were presented to the Superintendent of Elections on its own behalf and on behalf of the Commission for consolidation and for the declaration of the result of the election; and WHEREAS, the returns of the election were received from all of the poll officers and thereupon the Superintendent of Elections canvassed, computed, and consolidated the returns of the election and concurrent with the adoption of this resolution delivered a certified copy of the consolidated return of the election to the Commission, and the result of the election was as follows: Total Voted Ballots Cast 9,663 Total Blank Votes Cast 73 Total Ballots Cast 9,736 Spoiled Ballots 0 Total number of votes cast FOR the reimposition of a special one percent sales and use tax 6,772 Total number of votes cast AGAINST the reimposition of a special one percent sales and use tax 2,891 Attachment number 1Page 1 of 3 -2- ATLANTA:5146265.1 NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission, and it is hereby resolved by authority of the same, that the election resulted in favor of the reimposition of a special one percent sales and use tax, by an affirmative vote of a majority of the qualified voters of Richmond County voting in the election held for such purpose, that the reimposition of the special one percent sales and use tax and the issuance of the General Obligation Debt have been authorized as required by law, and that the results of the election are hereby declared to be as set forth above. BE IT FURTHER RESOLVED by the authority aforesaid, and it is hereby resolved by authority of the same, that a duly certified copy of the consolidated election return of the Superintendent of Elections be attached to this resolution as Exhibit “A” and made a part hereof. PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 1st day of September 2009. (SEAL) AUGUSTA, GEORGIA By: Mayor Attest: Clerk of Commission Attachment number 1Page 2 of 3 ATLANTA:5146265.1 STATE OF GEORGIA RICHMOND COUNTY CLERK’S CERTIFICATE I, LENA J. BONNER, Clerk of Commission, DO HEREBY CERTIFY that the foregoing pages constitute a true and correct copy of a resolution adopted by the Augusta- Richmond County Commission (the “Commission”) at an open public meeting duly called and lawfully assembled at 2:00 p.m., on the 1st day of September 2009, in connection with declaring the results of an election pertaining to the reimposition or non-reimposition of a special one percent sales and use tax, the original of such resolution being duly recorded in the Minute Book of the Commission, which Minute Book is in my custody and control. I do hereby further certify that the following members of the Commission were present at such meeting: Deke S. Copenhaver Betty Beard Joe Bowles Jerry Brigham Don A. Grantham J. R. Hatney Calvin Holland, Sr. Joe Jackson Corey Johnson Alvin Mason Jimmy Smith and that the following members were absent: and that such referendum resolution was duly adopted by a vote of: Aye ___ Nay ___ WITNESS my hand and the official seal of Augusta, Georgia, this the 1st day of September 2009. (SEAL) Clerk of Commission Attachment number 1Page 3 of 3 Commission Meeting Agenda 9/15/2009 2:00 PM Resolution to Authorize Validation Department:Law Department Caption:Motion to approve a Resolution of the Augusta-Richmond County Commission authorizing the commencement of validation proceedings for its General Obligation bonds; and for other related purposes. (Approved by Finance Committee September 8, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo A RESOLUTION OF THE AUGUSTA-RICHMOND COUNTY COMMISSION AUTHORIZING THE COMMENCEMENT OF VALIDATION PROCEEDINGS FOR ITS GENERAL OBLIGATION BONDS; AND FOR OTHER RELATED PURPOSES. WHEREAS, the Augusta-Richmond County Commission WKH³Commission´ ZKLFKLV charged with the duties of levying taxes, contracting debts, and managing the affairs of Augusta, Georgia WKH³Consolidated Government´ DQGWKHRichmond County Board of Elections, which is the Superintendent of Elections of Richmond County, called an election which was held on June 16, 2009, for the purpose of submitting to the qualified voters of Richmond County the question of whether or not a one percent sales and use tax should be reimposed; and WHEREAS, the ballots used in the election provided that if reimposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of the Consolidated Government in the principal amount of $52,500,000 (the ³*HQHUDO2EOLJDWLRQ'HEW´ DQG WHEREAS, at the election duly called and held on June 16, 2009, a majority of the qualified voters of Richmond County, voting in the election, voted in favor of the reimposition of the sales and use tax, which vote also constituted approval of the issuance of the General Obligation Debt; and WHEREAS, on September 1, 2009, the Commission adopted, at a meeting duly called and held, a resolution entitled: A RESOLUTION OF THE AUGUSTA-RICHMOND COUNTY COMMISSION DECLARING THE RESULTS OF AN ELECTION HELD ON JUNE 16, 2009 TO DETERMINE THE REIMPOSITION OR NON- REIMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX; AND FOR OTHER RELATED PURPOSES declaring the results of the election to be in favor of the reimposition of the sales and use tax; and WHEREAS, the Consolidated Government wishes to issue, in one or more series and on one or more dates of issuance, all of the General Obligation Debt so authorized in the aggregate principal amount of $52,500,000, in the form of general obligation bonds of the Consolidated Government, and wishes to authorize the commencement of validation proceedings for such bonds; NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission, and it is hereby resolved by authority of the same, that the attorneys for the Consolidated Government are hereby authorized and instructed to commence validation proceedings in accordance with the requirements of Article 2 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, as amended, and to take all actions necessary to obtain an order of the Superior Court of Richmond County, Georgia validating and confirming such bonds, and that the Mayor of Augusta, Georgia is hereby authorized and directed to execute any pleadings in connection therewith. Attachment number 1Page 1 of 4 -2- BE IT FURTHER RESOLVED by the authority aforesaid, and it is hereby resolved by authority of the same, that it is hereby determined that, during each year in which any payment of principal or interest on such bonds comes due, the Consolidated Government will receive from the sales and use tax net proceeds sufficient to fully satisfy such liability, as indicated on Exhibit A attached hereto and made a part hereof. PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 1st day of September 2009. (SEAL) AUGUSTA, GEORGIA By: Mayor Attest: Clerk of Commission Attachment number 1Page 2 of 4 EXHIBIT A SUFFICIENCY DETERMINATION Estimated Net Principal Year Ending Proceeds of Sales and Interest December 31 And Use Tax1 Requirements2 2010 $ 3,100,000 $ 3,100,000 2011 37,200,000 14,250,000 2012 37,200,000 2,975,000 2013 37,200,000 15,475,000 2014 37,200,000 14,600,000 2015 34,100,000 18,725,000 $186,000,000 $69,125,000 _______________ 1 Based on assumed growth rate of -0-% per year. 2 Based upon maximum interest rate of 7.00% and after deducting funded interest and expected interest earnings thereon. Attachment number 1Page 3 of 4 STATE OF GEORGIA RICHMOND COUNTY &/(5.¶6&(57,),&$7( I, LENA J. BONNER, Clerk of Commission, DO HEREBY CERTIFY that the foregoing pages constitute a true and correct copy of a resolution adopted by the Augusta-5LFKPRQG&RXQW\&RPPLVVLRQ WKH³&RPPLVVLRQ´ DWDQRSHQSXEOLFPHHWLQJGXO\FDOOHGDQG lawfully assembled at 2:00 p.m., on the 1st day of September 2009, in connection with authorizing the commencement of validation proceedings for its general obligation bonds, the original of such resolution being duly recorded in the Minute Book of the Commission, which Minute Book is in my custody and control. I do hereby further certify that the following members of the Commission were present at such meeting: Deke S. Copenhaver Betty Beard Joe Bowles Jerry Brigham Don A. Grantham J. R. Hatney Calvin Holland, Sr. Joe Jackson Corey Johnson Alvin Mason Jimmy Smith and that the following members were absent: and that such referendum resolution was duly adopted by a vote of: Aye ___ Nay ___ WITNESS my hand and the official seal of Augusta, Georgia, this the 1st day of September 2009. (SEAL) Clerk of Commission Attachment number 1Page 4 of 4 Commission Meeting Agenda 9/15/2009 2:00 PM William Franklin Lamb Department:Clerk of Commission Caption:Motion to approve recommendation from the Tax Assessor relative to a request from Mr. William Franklin Lamb regarding a proportional tax refund for the years 2006, 2007 and 2008 concerning property located at 60 Charlestowne Drive. (Approved by Finance Committee September 8, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 4 Attachment number 1Page 2 of 4 Attachment number 1Page 3 of 4 Attachment number 1Page 4 of 4 Commission Meeting Agenda 9/15/2009 2:00 PM William Walker Department:Clerk of Commission Caption:Motion to approve the recommendtion of the Tax Assessor relative to a request from Mr. William Walker regarding a refund of taxes associated with the overstatement of the living area at his residence at 1326 Winter Street. (Approved by Finance Committee September 8, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 3 Attachment number 1Page 2 of 3 Attachment number 1Page 3 of 3 Commission Meeting Agenda 9/15/2009 2:00 PM 2009-2010 Agreement Between Augusta and Savannah River Ecology Laboratory Department:Utilities Caption:Motion approve and authorize execution of an agreement between Augusta and the University of Georgia Research Foundation, Inc. Savannah River Ecology Laboratory (SREL) for the continuation of research and data collection related to bird activity around the constructed wetland treatment system. (Approved by Engineering Services Committee September 8, 2009) Background:In the late 1990's Augusta negotiated an agreement with the Federal Aviation Administration (FAA) to allow the Utilities Department to continue to develop the constructed wetland treatment system which follows the James B. Messerly Water Pollution Control Plant. One of the conditions of that agreement is that Augusta will monitor the activity of birds in the vicinity of the constructed wetland and the Augusta Regional Airport in order to insure there is no adverse impact on airport operations due to the wetland construction. Augusta has enlisted the services of the Savannah River Ecology Laboratory to conduct this monitoring as a research program funded by the Utilities Department. The proposed program for this includes activities which are designed to study the effects of methods used to reduce the attractiveness of the wetland system to certain types of birds during the migratory season. The total cost of the proposed research program for this year is $98,573.00. Analysis:The research program to date has yielded important data to support the development of the constructed wetland system at the current location. Continued monitoring of the bird activity and development of additional data will provide valuable information about the effectiveness of wildlife management activities as well as document the continued beneficial use of the wetlands as a wildlife habitat. This program should continue for at least another 3 years to provide this documentation. Financial Impact:The total cost of the proposed research program for 2009-2010 is $98,573.00. Three additional years would not exceed $110,000.00 per year. Alternatives:1) Approve the program for just one year, 2) discontinue the research program, or 3) negotiate a scaled-back program at a lower cost. Recommendation: We recommend that the proposed research program be approved and executed by the Mayor on behalf of Augusta. We further recommend that this program be extended for an additional 3 years at a maximum annual cost of $110,000.00. The cost and scope of the program would be negotiated Cover Memo annually by the Utilities Department and approved by the Administrator based on the results of the previous year's research. If the negotiated cost exceeds $110,000.00 in any year the agreement would be brought back to the Commission for approval. Funds are Available in the Following Accounts: 507043420-5212115 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 14 Attachment number 1Page 2 of 14 Attachment number 1Page 3 of 14 4 General Scope of Work for a Bird Study at Augusta Regional Airport at Bush Field and Messerly Wastewater Treatment Plant Constructed Wetlands Project To effectively monitor bird populations that may or may not pose a hazard to air traffic operations, Savannah River Ecology Laboratory (SREL) proposes to continue aerial survey coverage of: (1) the artificial wetlands (i.e., Constructed Wetlands Project) constructed to process effluents from the Messerly Wastewater Treatment Plant, and (2) the Merry Land and Investment Company Brickyard Ponds. Continuation of minimal aerial bird surveys at only those two wetlands mentioned above is based upon prior weekly survey results (1998±2001) from a larger wetland complex indicating that these are the wetlands in the vicinity of Bush Field Airport that consistently attract the largest numbers of heavily-bodied birds such as geese, other waterfowl, wading birds, and flocking blackbirds to the vicinity of the airport where such species are of particular concern from the perspective of a potential aircraft-bird strike hazard. We will continue the minimal aerial bird surveys by maintaining the reduced frequency of these surveys at bi-weekly. While limiting the extent of aerial surveys as described above, we also propose to continue ground-based bird movement surveys at both the airfield and the adjacent constructed wetlands. These ground-based surveys are designed to provide time- and location-specific information regarding the daily patterns of movement, altitude, and behavior of the larger-bodied bird species including waterfowl, wading birds, and birds of prey, as well as flocking blackbirds. This specific information will provide the type of detail that will allow airport management and flight controllers to continue to predict times, locations, and conditions of increased bird-strike hazard potential that would be of particular consequence to aircraft in the area. Furthermore, with the habitat alterations now being implemented at the artificial wetlands during fall/winter (i.e., airboat crushing of vegetation) and with active bird dispersal activities (e.g., pyrotechnics, or acoustics) now being used at the airfield and the artificial wetlands, these ground-based bird movement surveys have the further importance of helping to evaluate the effectiveness of these techniques and identifying any new problematic bird movement patterns that might be created by such bird disturbances. This contract period will also include a series of qualitative assessments of blackbird use of the entire artificial wetlands and surrounding tree-line that will be used to guide the bird harassment activities conducted there. Particular areas within the wetlands harboring relatively large numbers of roosting blackbirds will be identified before, during, and after Augusta Utilities Department vegetation crushing by airboats. The results from these once-per-week assessments (conducted from October through March) will be communicated to the bird-harassment team so that optimizing adjustments can be made quickly to the bird harassment activities. These same evening visits to the wetlands will also be used to PHHWZLWKWKH6SRQVRU¶V bird-harassment team members to train and refine their use of all the tools they have to work with, including the Avian Dissuader laser and various pyrotechnic/launcher devices. These qualitative assessments will further be used in the decision-making process to determine if and when vegetation crushing by airboats will need to be carried out. Attachment number 1Page 4 of 14 5 In addition to bird surveys described above, the SREL co-principal investigators and/or technical consultants supported under this contract will act as an avian information resource by providing professional consultation to WKH6SRQVRU¶Vbird-harassment team and Bush Field Airport personnel with regard to bird issues, including help in identifying the remains and/or photographs of any birds involved in aircraft strikes in the vicinity of Bush Field or in the effective use/deployment of bird-harassment techniques (e.g., sound, lasers, pyrotechnics, etc.) that may be used. In order to keep the cost of this work as low as possible, we propose to continue to provide an annual report to AugusWDWKDWLVVLPLODULQGHWDLOWRWKHSUHYLRXV\HDU¶V 2009) version that includes a comprehensive, yet simplified approach of summarizing the results primarily in tabular and graphical form (excluding detailed statistical analyses), with an accompanying Executive Summary explaining the meaning and importance of the data that have been collected. We will be available however to verbally discuss our findings with Augusta Utilities Department and Bush Field officials, including the Wildlife Control Specialist, as necessary. This approach will continue to be the most cost-effective in terms of directing a greater proportion of the overall budget to personnel who are involved directly with the collection and reporting of critical data. Specific details for carrying-out the research programs of this study ([I] conducting aerial surveys of bird, [II] conducting ground-based bird-movement surveys, [III] conducting qualitative assessments of roosting blackbirds in the Constructed Wetlands Project with bird- harassment techniques refinement) are provided in the three individual scope of work plans that follow. Separate budgets for each of the three major study components are also provided. Attachment number 1Page 5 of 14 6 RESEARCH PROGRAM I : Scope of Work for Aerial Surveys of Birds at the Constructed Wetlands Project and the Merryland Ponds (12 months, beginning October 1, 2009) Wetland vegetation alteration such as the crushing by airboats now being used at the Constructed Wetlands has the potential to increase the undesired use of the Constructed Wetland Project by waterfowl and wading birds by reducing vegetation density and placing much of that vegetation at or below the water surface. Habitually, wading birds and in particular waterfowl, which may be drawn to the artificial wetland cells as a result of a vegetation crushing program, often remain at the water surface for much of the day once arriving at these destinations; they may even spend the night at such destinations with negligible/absent flight activity. Ground- based bird movement surveys of Research Program II are not designed to detect birds in wetlands unless they are visible to observers from ground level while actively engaged in flight. Maintaining a minimal plan for aerial bird surveys of the Constructed Wetlands of the Messerly Wastewater Treatment Plant and the Merry Land and Investment Company Brickyard Ponds will assure the detection of such undesired bird use should it occur. SREL personnel will engage the services of Augusta Aviation, Inc., based at Daniel Field Airport in Augusta, to provide aircraft and pilots for conducting aerial bird surveys over these study areas. These aerial surveys will be conducted in close coordination with Bush Field administrative officials and air-traffic controllers to assure safety of all aircraft operating in the vicinity of the airfield during the execution of these surveys. During aerial surveys, SREL observers will reference only species and numbers of individuals from the following list: waterfowl (ducks, geese, and swans), wading birds (herons, egrets, ibises, wood storks), other large and/or flocking waterbirds (coots, cormorants, anhingas, gull spp.), and raptors (hawks, kites, vultures, bald eagles, ospreys). Sightings will be map- referenced at the time of occurrence. Other data to be included with each aerial survey are: date, beginning and ending times of the survey, local weather conditions (including temperature, wind speed, extent of wetland icing in winter, etc.), and sightings (map-referenced) of people, watercraft, or other disturbance-related activities taking place during the aerial survey. Actual duration of these aerial surveys will be approximately 45 minutes each, allowing additional flight time of about 10 minutes for travel time to and from Daniel Field and the possibility of surveys being interrupted by air-traffic controllers while other aircraft move through the survey area. Aerial surveys will be conducted from a height of approximately 400±500 ft and at a minimal, but safe airspeed given the prevailing weather conditions. This project will include twenty-five (25) flights over a contract period of twelve (12) months to be executed at approximately bi-weekly intervals (no aerial surveys will be undertaken during the week of the Masters Golf Tournament). If inclement weather or aircraft unavailability precludes the completion of more than four (4) flights over the contract period, flights may be added to the end of the contract period or unused funds may be used for other purposes related to the study during the contract period, at the discretion of the Sponsor. Attachment number 1Page 6 of 14 7 For the purposes of electronic data storage and summarization, map-referenced data from the aerial surveys will include only the Constructed Wetlands Project near the Messerly Wastewater Treatment Plant and the Merry Land and Investment Company Brickyard Ponds. Birds will be identifiable to individual wetland cells of the Constructed Wetlands Project. Data will be stored on a networked PC-workstation operating in a Microsoft-Windows environment. Upon project completion, all data will be provided to the Sponsor in a mutually agreeable database format (e.g., Microsoft Excel). Data summaries will be performed using the Statistical Analysis System (SAS Institute, Inc.). Summaries will include locational (wetland cell) differences in avian species assemblages and numbers, as well as temporal changes in bird distributions among wetland cells. Since bird use of the Constructed Wetlands Project will be specified by individual wetland cells, this aerial survey data will be used in conjunction with the vegetation alteration (i.e., airboat crushing) program conducted in wetland cells to determine if such alteration of the vegetation increases undesired use by waterfowl and other wetland bird species. Attachment number 1Page 7 of 14 8 RESEARCH PROGRAM II : Scope of Work for Ground-Based Bird-Movement Surveys at the Augusta Regional Airport at Bush Field and the Constructed Wetlands Project (12 months, beginning October 1, 2009) Based on previous aerial surveys of bird abundance and distribution in wetlands near the Augusta Regional Airport at Bush Field, relatively large numbers of large-bodied aquatic birds are found in the area, particularly during the winter period when migratory waterfowl are most abundant. In addition to the many waterfowl found in the area, numerous wading birds, divers including cormorants and anhingas, blackbirds, gulls, and raptors including vultures are known to frequent the area as well. Wetlands near Bush Field harboring the majority of these birds include the Merry Land and Investment Company Brickyard Ponds and the Constructed Wetlands Project of the Messerly Wastewater Treatment Plant. Based on previous ground-based bird-movement surveys, extremely large numbers (in the millions) of migrant blackbirds move through airspace in the vicinity of Bush Field and the Constructed Wetlands Project in the fall/winter period on a twice-daily basis. These blackbirds, in particular, have created an annual period of high hazardous conditions to aircraft operating in the area. SREL personnel will continue to collect ground-based bird data to determine daily behavior and movement patterns (i.e., timing, directions, altitudes) of birds moving through the airspaces of Bush Field and the Constructed Wetlands Project. Emphasis will be placed on documentation of movements of flocking bird species such as blackbirds and large-bodied bird species such as waterfowl that are most likely to produce serious consequences when involved in collisions with aircraft. Bird movements will be documented from routinely-monitored ground stations at Bush Field and the Constructed Wetlands Project. Stations selected at Bush Field (3) and at the Constructed Wetlands Project (1) in December 2001 will continue to be used to ensure adequate coverage of the areas of interest. The daylight hours will be divided into four approximately equal time blocks: (1) 15 minutes before sunrise until 9:00AM, (2) 9:01AM until 12:00PM, (3) 12:01PM until 3:00PM, and (4) 3:01PM until 15 minutes after sunset (Eastern Standard Times; one hour added when Eastern Daylight Saving Time is in use). Emphasis will be placed on the time blocks coinciding with sunrise and sunset, because most bird movements occur during these times of the day. Observations will be made at two different stations within two different time blocks daily, for two days each week, for four weeks each month of the study. This methodology allows for all possible combinations of the four locations and the four time blocks to be chosen monthly in a randomized design. Observations will be made over a 2.5 hr period and will consist of four 30-minute observation bouts with a 10-minute lapse between each observation period. Observations will be initiated at the beginning of a time block with the exception of the last time block, which will be timed so that the final 30-minute observation bout ends approximately 15 minutes after sunset. During the observation bouts, observers will scan the 360o horizon with binoculars, attempting to collect data on as many flying birds as possible with no upper limit on distance from the observer. Short movements by birds (<100m) or movements by small Attachment number 1Page 8 of 14 9 passerine birds in flocks of less than 20 birds will not be recorded. Emphasis will be placed on movements of waterfowl (ducks and geese), wading birds (herons, egrets, ibises, wood storks), other large and/or flocking waterbirds (coots, cormorants, anhingas, gull spp., blackbird spp.), and raptors (hawks, kites, vultures, bald eagles, ospreys). During times of intense movements, observers will give priority to larger birds and larger flocks. Observations will be conducted regardless of weather conditions. In addition to meteorological data, the following data will also be recorded for each observation: time, species, actual or estimated number of individuals, approximate distance from the observer, approximate direction from observer, estimated altitude above land or water, approximate direction of bird movement, and flight behavior (e.g., level flight, soaring, landing, taking-off). Data will be stored on a networked PC-workstation operating in a Microsoft-Windows environment. Upon project completion, all data will be provided to the Sponsor in a mutually agreeable database format (e.g., Microsoft Excel). For the purposes of electronic data storage and summarization, bird movement data from Bush Field and the Constructed Wetlands Project will be retained according to each of four observational stations. Data summaries will be performed using the Statistical Analysis System (SAS Institute, Inc.). Summaries will be made for each observation station and will be comprised of avian species movement patterns including timing and direction of flight, flight altitudes, and temporal (annual and seasonal) changes in bird movement patterns. As a part of this Research Program, the SREL co-principal investigators and/or technical consultants will act as an avian information resource by providing professional consultation to Bush Field Airport personnel with regard to bird-strike issues, including help in identifying the remains and/or photographs of any birds involved in aircraft strikes in the vicinity of Bush Field or in the effective use/deployment of bird-harassment techniques (e.g., sound, lasers, pyrotechnics, etc.) that may be used. Attachment number 1Page 9 of 14 10 RESEARCH PROGRAM III : Scope of Work for Conducting Qualitative Assessments of Roosting Blackbirds in the Constructed Wetlands Project with Bird-Harassment Techniques Refinement (12 months, beginning October 1, 2009) Based on previous ground-based surveys of bird abundance and movements in and around the Constructed Wetlands Project of the Messerly Wastewater Treatment Plant (WTP) near the Augusta Regional Airport at Bush Field, blackbirds numbering into the millions have been shown to roost at night within and adjacent to the Constructed Wetlands where they use the standing vegetation of the wetland cells as a roosting substrate. This behavior is particularly notable in the fall/winter months (November±February) when migratory blackbirds frequent the area. Fall crushing of standing vegetation in the entire Constructed Wetlands was first used as a successful habitat alteration for dissuading use of the wetlands by roosting blackbirds in November and December 2008 and will be carried out again as early as mid- October in 2009 by contractors working for the Augusta Utilities Department. Multiple airboat crushing events in the same fall/winter will likely be required to maintain the desired vegetation alteration and thus keep roosting blackbird numbers in check as the season progresses, so insight as to when vegetation re-crushing is needed will be valuable. In addition to altering habitat as a bird deterrent, the WTP operators, Operations Management International (OMI), Inc., first assembled a bird-harassment team in late 2008 to begin actively engaging the roosting blackbirds with the aid of propane cannons and other pyrotechnic/acoustic devices. In 2009, with a desire to further develop the activities of the bird-harassment team, SREL personnel will make qualitative assessments of numbers of roosting blackbirds in all wetland cells and the surrounding tree-line that will be used to guide and coordinate the activities of the bird-harassment team. These same qualitative assessments will further be used in the decision-making process to determine if and when vegetation re-crushing by airboats will need to be carried out. Additionally, SREL personnel will work with the bird-harassment team to increase basic knowledge of birds and to provide further training and refinement in their use of bird-harassment tools. During this contract period, once-per-week visits to the Constructed Wetlands will be made from October through March. Since blackbirds roosting in the wetland cells arrive in the evening and depart at dawn, the assessments will concentrate on the evening arrival period. Observations will be conducted from 30 minutes before sunset until 30 minutes after sunset (Eastern Standard Times). Each evening while at the Constructed Wetlands, SREL personnel will qualitatively examine blackbird use of all wetland cells and the surrounding tree-line while traversing the site in a vehicle, noting areas of high-density bird-use and prioritizing areas for the concentration of bird harassment activities. SREL personnel will communicate the findings of these assessments within 24-hours to designated OMI or Augusta Utilities Department personnel via e-mail or voice communication. SREL personnel will also coordinate to meet with bird- harassment team members while at the Constructed Wetlands for the purpose of general consultation on matters related to wetlands and birds, improving basic knowledge of bird identification/behavior, and providing training/refinement in the use of such devices as the Avian Dissuader laser, propane cannons, and various pyrotechnic/launcher devices. Attachment number 1Page 10 of 14 11 Under this agreement, SREL personnel will only be responsible for conducting the assessments of bird use of the artificial wetlands and offering refinement of bird-harassment techniques associated with this scope of work. SREL will not assume responsibility for conducting the vegetation crushing or any other type of vegetation alteration. Costs and logistics for conducting the vegetation alteration and costs associated with bird-scaring devices and the actual bird harassment will be the responsibility of the Sponsor. Attachment number 1Page 11 of 14 12 RESEARCH PROGRAM I : Budget for Aerial Surveys of Birds at the Constructed Wetlands Project and the Merryland Ponds (12 months, beginning October 1, 2009) Personnel costs, including benefits R.A. Kennamer (Co-PI; Research Professional, 7.5% FTE) Salary: $3,685 Actual Benefits @ 42%: $1,548 $ 5,233.00 A.L. Bryan, Jr. (Research Professional, 3.75% FTE) Salary: $2,325 Actual Benefits @ 37%: $860 $ 3,185.00 Aircraft and pilot (Augusta Aviation, Daniel Field) bi-weekly aerial surveys @ approx. 0.75 hr each $ 2,813.00 Vehicle expenses $ 750.00 Expendable supplies $ 150.00 RESEARCH PROGRAM I DIRECT COST $12,131.00 UGA/SREL INDIRECT COST (@ 30%) $ 3,639.00 RESEARCH PROGRAM I : TOTAL COST $15,770.00 Attachment number 1Page 12 of 14 13 RESEARCH PROGRAM II : Budget for Ground-Based Bird-Movement Surveys at the Augusta Regional Airport at Bush Field and the Constructed Wetlands Project (12 months, beginning October 1, 2009) Personnel costs, including benefits I.L. Brisbin, Jr. (Co-Principal Investigator, 4% FTE) Salary: $4,774 Actual Benefits @ 12%: $573 $ 5,347.00 R.A. Kennamer (Co-PI; Research Professional, 65% FTE) Salary: $31,935 Actual Benefits @ 42%: $13,413 $45,348.00 Vehicle expenses $ 2,500.00 RESEARCH PROGRAM II DIRECT COSTS $53,195.00 UGA/SREL INDIRECT COSTS (@30%) $15,959.00 RESEARCH PROGRAM II : TOTAL $69,154.00 Attachment number 1Page 13 of 14 14 RESEARCH PROGRAM III : Budget for Conducting Qualitative Assessments of Roosting Blackbirds in the Constructed Wetlands Project with Bird-Harassment Techniques Refinement (12 months, beginning October 1, 2009) Personnel costs, including benefits I.L. Brisbin, Jr. (Co-Principal Investigator, 2% FTE) Salary: $2,387 Actual Benefits @ 12%: $286 $ 2,673.00 R.A. Kennamer (Co-PI; Research Professional, 10% FTE) Salary: $4,913 Actual Benefits @ 42%: $2,063 $ 6,976.00 Vehicle expenses $ 750.00 Expendable supplies $ 100.00 RESEARCH PROGRAM III DIRECT COSTS $10,499.00 UGA/SREL INDIRECT COSTS (@30%) $ 3,150.00 RESEARCH PROGRAM III : TOTAL $13,649.00 RESEARCH PROGRAM II : TOTAL (from page 13) $69,154.00 RESEARCH PROGRAM I : TOTAL (from page 12) $15,770.00 GRAND TOTAL: $ 98,573.00 Prepared by: Dr. I. Lehr Brisbin, Jr. and Robert A. Kennamer The University of Georgia Savannah River Ecology Laboratory (803) 725-0387 P.O. Drawer E, Aiken, SC 29802 rkennamer@srel.edu Attachment number 1Page 14 of 14 Commission Meeting Agenda 9/15/2009 2:00 PM Accept terms of contract item agreement with Georgia Department of Transportation concerning installation costs of water and sanitary sewer mains on GDOT Project # STP-0001-00 (794) Alexander Drive. Department:Augusta Utilities Department Caption:Motion to approve to provide necessary signatures on furnished agreement to include Augusta Utilities Department water and sanitary sewer main relocations in the Georgia Department of Transportation contract for Alexander Drive. The estimated cost of the construction is $298,192.50. (Approved by Engineering Services Committee September 8, 2009) Background:The Georgia Department of Transportation project to improve Alexander Drive will be paid for in part using Federal Stimulus Program dollars. A recent change to the Federal stimulus program allows GDOT to cover the costs for replacement of the existing water main, a cost normally borne fully by Augusta Utilities Department. Augusta Utilities Department will be solely responsible for the cost of new sanitary sewer installation, which is the estimated cost reflected in the agreement furnished by GDOT Analysis:Approving this agreement will allow GDOT to award their contract including the cost for Augusta Utilities Department sanitary sewer main. The fee is fair and reasonable. With the completion of this project, 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 agree to the terms of the contract item agreement with Georgia Department of Transportation in the amount of $298,192.50 Funds are Available in the Following Accounts: 507043410-5425110/80800030-5425110 REVIEWED AND APPROVED BY:Cover Memo Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 9/15/2009 2:00 PM adoption of flood insurance study and flood insurance rate maps Department:Planning Commission Caption:Motion to approve the adoption of the Flood Insurance Study and the associated Flood Insurance Rate Maps for Augusta Richmond County. (Approved by Engineering Services Committee September 8, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo ORDINANCE NO. _____ A resolution by the Augusta-Richmond County Planning Commission recommending that the Flood Insurance Study and the Flood Insurance Rate Maps for Augusta-Richmond County, Georgia, both with an effective date of September 25, 2009, be adopted as follows: AN ORDINANCE TO ADOPT THE FLOOD INSURANCE STUDY (FIS), STUDY NUMBER 13245CV000A, WITH AN EFFECTIVE DATE OF SEPTEMBER 25, 2009, AND THE FLOOD INSURANCE RATE MAPS (FIRMs), MAP NUMBERS 13245IND0A, 13245C0015F, 13245C0020F, 13245C0040F, 13245C0070F, 13245C0085F, 13245C0090F, 13245C0095F, 13245C0105F, 13245C0110F, 13245C0115F, 13245C0120F, 13245C0130F, 13245C0135F, 13245C0140F, 13245C0145F, 13245C0175F, 13245C0185F, 13245C0200F, 13245C0205F, 13245C0210F, 13245C0225F, 13245C0230F, 13245C0235F, 13245C0240F, 13245C0245F, 13245C0255F, 13245C0265F, 13245C0300F, 13245C0325F, 13245C0330F, AND 13245C0355F, WITH AN EFFECTIVE DATE OF SEPTEMBER 25, 2009, AS THEY PERTAIN TO AUGUSTA, GEORGIA, IN THEIR ENTIRETY. THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTION I. That the Flood Insurance Study (FIS), Study Number 13245CV000A, with an effective date of September 25, 2009, and the Flood Insurance Rate Maps (FIRMs), Map Numbers 13245IND0A, 13245C0015F, 13245C0020F, 13245C0040F, 13245C0070F, 13245C0085F, 13245C0090F, 13245C0095F, 13245C0105F, 13245C0110F, 13245C0115F, 13245C0120F, 13245C0130F, 13245C0135F, 13245C0140F, 13245C0145F, 13245C0175F, 13245C0185F, 13245C0200F, 13245C0205F, 13245C0210F, 13245C0225F, 13245C0230F, 13245C0235F, 13245C0240F, 13245C0245F, 13245C0255F, 13245C0265F, 13245C0300F, 13245C0325F, 13245C0330F, and 13245C0355F, with an effective date of September 25, 2009, as they pertain to regulating Flood Damage Prevention in Augusta, Georgia, be adopted in their entirety. Attachment number 1Page 1 of 2 SECTION II. That any and all Flood Insurance Studies (FISs) and Flood Insurance Rate Maps (FIRMs) with effective dates prior to September 25, 2009, be rendered null and void for regulating Flood Damage Prevention in Augusta, Georgia. SECTION III. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Done in Open Meeting under the Common Seal thereof this __________ day of _______________, 2009. APPROVED THIS __________ day of _______________, 2009. ___________________________________ MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: ___________________________________ CLERK OF COMMISSION Attachment number 1Page 2 of 2 Commission Meeting Agenda 9/15/2009 2:00 PM Amend Agreement with Georgia Power Company for Power Distribution Termination Services at James B. Messerly WPCP Department:Utilities Caption:Motion to amend agreement with Georgia Power Company for Power Distribution Termination Services at James B. Messerly WPCP. (Approved by Engineering Services Committee September 8, 2009) Background:In February 2008 Augusta entered into an agreement with Georgia Power Company (GPC) for GPC to provide backup power generation equipment, high voltage electrical switchgear and termination of some of the high voltage cables for the James B. Messerly Water Pollution Control Plant upgrade project. After review of the work being performed on this project through our Construction Manager at Risk, Parsons Water and Infrastructure, Inc., it has become evident that GPC should make all of the high voltage cable terminations on the project to insure propoer coordination of the work. GPC has provided the attached proposal for increasing the scope of their work to include all of the high voltage cable terminations. Their price for this additional work is $206,667.00. Analysis:The cost for completing this scope of work appears to be reasonable. Parsons has agreed to compensate for the reduction in their scope of work by moving funds equal to the cost of this work from their Project Contingency to the Owner's Allowance portion of the project. Funds in the Owner's Allowance cannot be used by Parsons to cover the cost of work within their original scope. The $206,667.00 would be paid to GPC through an addition to our current billings for power services over a six month period. Financial Impact:$206,667.00 from account 506043310-5312310 in equal payments over a six month period. Alternatives:No feasable alternatives are available due to complexity of the high voltage power distribution system. Recommendation:Approve the proposed additional scope of work to be performed by Georgia Power Company at a cost of $206,667.00 to be paid through a six-month additional charge on monthly power bill. Funds are Available in the Following Accounts: 506043310-5312310 Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo City of Augusta – Messerly 8.4.09 Page 1 6711 Londonderry Way Bin 79510 Union City, GA 30291 770-969-6609 770-969-6615 fax August 4, 2009 Mr. Allen Saxon Assistant Director for Wastewater Treatment Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, GA 30901 Re: Messerly WPCP Dear Allen: Georgia Power (“GPC”) is pleased to offer you the following services for additional work in connection with this distribution system project (the “Project”) at City of Augusta- J. B. Messerly Water Pollution Control Plant (“Customer”), Augusta, GA. Scope of work: GPC will provide labor, material and equipment to complete the below listed. x Provide and install 2 runs (4 – 750 CMIL, 2 - 4/O GND) from MSG to Pole #1 x Provide and install 2 runs (4 – 750 CMIL, 2 – 4/O GND) from MSG to Pole #2 x Terminate and Hypot all cables from MSG to Poles #1 and #2 x Coordinate all work for connection to utility x Terminate and Hypot both ends of cables from the load side of LISG to high side of XFMR-5 (3 - #1/O W #6 GND) x Run duct bank from the load side of LISG to the existing splice point and provide new wires and splice to the existing wires Attachment number 1Page 1 of 3 City of Augusta – Messerly 8.4.09 Page 2 x Terminate and Hypot wire 4(3 - #1/O W #6 GND) between LISG and existing XFMR 1, 2, & 3 x Demo existing LISG Pad and construct new LISG Pad Contract Price for above scope:_____________________________________$206,667.00 NOTES: GPC understands that this project to be built in sections at different times and mobilization and Re-mobilization will be frequent. All core drilling by others If there are any delays, or unforeseen problems or complications there will be an extra charge consisting of labor, equipment and material (+) 20% at owners Approval. The terms and conditions from our original contract for distribution and generation at the Messerly site will apply. Thank you again for allowing us the opportunity to present our proposal. We are very eager to serve your distribution system needs and look forward to hearing from you soon. Sincerely, David Banks David Banks Sales & Construction Manager – Power Services Georgia Power Company Phone – 770-468-0407 Fax – 770-969-6615 Email – dlbanks@southernco.com Attachment number 1Page 2 of 3 City of Augusta – Messerly 8.4.09 Page 3 IN WITNESS WHEREOF, Georgia Power and the Customer have caused this Agreement to be signed by their respective duly authorized officers as of the date below. AUGUSTA, GEORGIA By: The Honorable David S. Copenhaver Mayor Date: ATTEST CLERK: By: _____________________________________ Lena J. Bonner Clerk of the Commission Date: ___________________________________ APPROVED AS TO FORM: By: _____________________________ Chiquita Johnson Augusta General Counsel Date: ____________________________ DEPARTMENT APPROVAL: By: ____________________________________ Drew Goins Interim Director, Augusta Utilities Department Date: ___________________________________ GEORGIA POWER COMPANY By: Name: Title: Date: ___________________________________ Attachment number 1Page 3 of 3 Commission Meeting Agenda 9/15/2009 2:00 PM Belair Rd Improvements - CPB Chg #2/SA#3 Department:Abie L. Ladson, PE, CPESC, Director of Engineering Caption:Motion to approve CPB # 323-041110-201823332 Change Number Two and Supplemental Agreement Number Three in the amount of $65,000.00 on the Belair Road Improvements project. Funding is available in the project contingency account to be transferred to the project engineering account as requested by AED. (Approved by Engineering Services Committee September 8, 2009) Background:The scope of the project is to provide surveying, planning, design and permitting for operational improvements along Belair Road based on the recommendations in the Traffic Study prepared by Southeastern Engineering, Inc. Analysis:These improvements will include: new left and right turn lanes on Belair Road on the east and west side of Jimmie Dyess Parkway (SR 383), north and south left turn lanes on Belair Road on to Bridgeport Drive, a left turn to Norwood Drive, a right turn off of Belair onto Wrightsboro Road, and a left turn off of Wrightsboro on to Belair Road. Design services to also include signalization of the intersection of Belair Road and Wrightsboro Road Financial Impact:Funds in the amount of $65,000.00 are available in the Project's Contingency Account 323-041110-201823332/6011110 to be transferred to the project Engineering Account 323-041110-201823332/52-12115 upon Commission approval Alternatives:1) Approve CPB # 323-041110-201823332 Change Number Two and Supplemental Agreement Number Three in the amount of $65,000.00 on the Belair Road Improvements project. Funding is available in the project contingency account to be transferred to the project engineering account as requested by AED. . 2. Do not approve. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: 323-041110-201823332/6011110 REVIEWED AND APPROVED BY: Cover Memo Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo (SA01 – For changes more than $20,000) August 2009 AUGUSTA, GEORGIA ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT Project No. 323-041110-201823332 Supplemental Agreement No.2 PO: 71248 WHEREAS, We, “Rochester and Associates” Consultant, entered into a contract with Augusta-Richmond County on “February 18, 2003”, for engineering design services associated with the “Belair Road Improvements Project”, Project No. 323-041110-201823332, File Reference No. 08-014 (A), and WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Assist Augusta-Richmond County with surveying, planning, design and permitting of three (3) intersections along Belair Road based on the recommendations in the March 13, 2009 Traffic Study prepared by Southeastern Engineering, Inc. It is agreed that as a result of the above described modification the contract amount is increased by $65,000.00 from $164,578.09 to a new total of $229,578.09. Any modifications to submittal dates shall be as identified in the attached proposal. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, “Rochester and Associates”, Consultant, hereby agree to said Supplemental Agreement consisting of the above mentioned items and prices, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. This day of , 2009. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY AUGUSTA, GEORGIA Deke Copenhaver, Mayor Approved: Date Approved: Date [ATTACHED CORPORATE SEAL] ATTEST: Title: Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For r execution. For r execution. For r execution. For information reference this request contact engineering at ext 5070. Thanks information reference this request contact engineering at ext 5070. Thanks information reference this request contact engineering at ext 5070. Thanks information reference this request contact engineering at ext 5070. Thanks Attachment number 2Page 1 of 1 Commission Meeting Agenda 9/15/2009 2:00 PM Deed of Dedication and Maintenance Agreement for Utilities from West Wheeler Townhomes, Phase 8 Department:Augusta Utilities Department Caption:Motion to approve a Deed of Dedication and Maintenance Agreement for Water and Sanitary Sewer from West Wheeler Townhomes, Phase 8. (Approved by Engineering Services Committee September 8, 2009) Background:West Wheeler Townhomes, Phase 8 was developed by ATC Development Corp., which wishes to dedicate the water and sanitary sewer systems to Augusta. Analysis:The Augusta Utilities Department inspected the water and sanitary sewer systems on April 8, 2009, and found them to be acceptable. Financial Impact:None Alternatives:Deny motion to approve a Deed of Dedication and Maintenance Agreement for Water and Sanitary Sewer from West Wheeler Townhomes, Phase 8. Recommendation:Approve motion to approve a Deed of Dedication and Maintenance Agreement for Water and Sanitary Sewer from West Wheeler Townhomes, Phase 8. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 5 Attachment number 1Page 2 of 5 Attachment number 1Page 3 of 5 Attachment number 1Page 4 of 5 Attachment number 1Page 5 of 5 Attachment number 2Page 1 of 1 Commission Meeting Agenda 9/15/2009 2:00 PM Motion to Approve Option for Right-of-Way Department:Engineering Division - Land Acquisition Section Caption:Motion to approve an Option for the purposes of acquiring a Right-of-Way between Schwerman Trucking Co., Successor by merger of Schwerman Real Estate and Development Corp., as owner, and Augusta, Georgia as optionee, in connection with the Marvin Griffin Road Improvement Project, (3,275 sq. ft.) in fee and (N/A sq. ft.) of permanent construction and maintenance easement, and (3,228 sq. ft.) of temporary construction easement from property located at: 1601 Marvin Griffin Road, private, at the purchase price of $2,600.00. (Approved by Engineering Services Committee September 8, 2009) Background:The property owner has agreed to convey a certain Right-of-Way and easement to Augusta, Georgia, for the Marvin Griffin Road Improvement Project. Analysis:The purchase of the referenced property is necessary for the project. Financial Impact:The costs necessary for this purchase will be covered under the project budget. Alternatives:Deny the Motion Recommendation:Approve the Motion Funds are Available in the Following Accounts: 323041110 - 5411120 2968236303 - 5411120 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 2 Attachment number 1Page 2 of 2 Commission Meeting Agenda 9/15/2009 2:00 PM Old Savannah Rd/Twiggs St Improvements (Change in Scope) Department:Abie L. Ladson, PE, CPESC, Director of Engineering Caption:Motion to approve a change in scope to separate Old Savannah Road/Twiggs Street Improvement Project into two phases for design and construction as requested by AED. (Approved by Engineering Services Committee September 8, 2009) Background:The Old Savannah Road/Twiggs Improvement project is a project that was approved in October 2001. The original scope of the project proposes to construct minor widening including turn lanes at intersections and to consider adding curb and gutter, and sidewalks from 6th Avenue to Nicholas Street. Analysis:The Old Savannah Road/Twiggs Improvement project is currently in the design stage, and is contracted to design consultants, Clark Patterson Associates. The design consultants expressed concerns to replace the existing enclosed storm drainage system, curb and gutter, sidewalks, landscaping, and street lighting. In a letter dated March 18, 2009, the consultant stated the implementation of street lighting, sidewalks, and landscaping would increase the need for additional rights-of-way and permanent easements. A total of 154 properties will be affected, and approximately 52 properties would be displaced with the current plans. The time that it will take to acquire properties with the current plans would be three to four years. The existing Old Savannah Road/Twiggs Street surface is currently in poor condition and requires immediate repair. It is the recommendation of the Augusta-Richmond County Engineering Department to separate this project into two phases, and move forward with Phase I immediately. The phases are as follow: PHASE I: Phase I consists of milling, resurfacing, pavement stripping, and conducting repair and maintenance on selected storm drainage systems, and curb and gutter. Phase I will address the immediate needs along the corridor. NOTE: No land acquisitions and project funds are required in this phase. ESTIMATED CONSTRUCTION START DATE: November 2009 PHASE II: Phase II consists of sidewalks, street lighting, and landscaping. Phase II will require an additional 3 to 4 years to complete the land acquisition process. Additional funds will be required for design, land acquisition, and construction. An estimated cost is not yet available. ESTIMATED CONSTRUCTION START DATE: 2015 Financial Impact:No additional funds are required for Phase I. A required fund for Phase II has not been determined. Alternatives:1)Approve a change in scope to separate Old Savannah Road/Twiggs Street Cover Memo Improvement Project into two phases for design and construction as requested by AED. 2) Do not approve, and delay the much needed repair along the corridor. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 9/15/2009 2:00 PM Option for Easement Department:Engineering Division - Land Acquisition Section Caption:Motion to approve an Option for the purposes of acquiring an easement between Soo H. Yun, as owner, and Augusta, Georgia, as optionee, in connection with the Marvin Griffin Road Improvements Project, (1,779 sq. ft.) of temporary construction easement from property located at: 1801 Marvin Griffin Road, private, at the purchase price of $125.00. (Approved by Engineering Services Committee September 8, 2009) Background:The property owner has agreed to convey a certain option for easement to Augusta, Georgia, for the Marvin Griffin Road Improvement Project. Analysis:The purchase of the referenced property is necessary for the project. Financial Impact:The costs necessary for this purchase will be covered under the project budget. Alternatives:Deny the Motion Recommendation:Approve the Motion Funds are Available in the Following Accounts: 323041110 - 5411120 2968236303 - 5411120 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 2 Attachment number 1Page 2 of 2 Commission Meeting Agenda 9/15/2009 2:00 PM PKP Restroom Department:Public Services Department - Facilities Management Division Caption:Motion to approve award of the contract for construction of a new restroom facility at Pendleton King Park to the low bidder, Sommers Construction of Evans, GA, in the amount of $25,740, to be funded from reprogrammed SPLOST I - GL 271-01-6215/JL 207-27-2007, approved by the Commission. (Approved by Engineering Services Committee September 8, 2009) Background:The Commission reallocated $50,000 of recaptured SPLOST I funds for upgrades to Pendleton King Park. A new restroom was one of the projects included in this reallocation. This new facility is also part of the PKP Master Plan approved by the Commission. Analysis:A Request for Bids (RFB), Bid Item 09-131, was issued for this scope of work. Specifications were sent out and three responsive bids were received. Sommers Construction was the low bid. Staff has reviewed the numbers, confirmed with the contractor that they are comfortable with the price as submitted, and verified that the price is within budget. Financial Impact:The cost of the contract is $25,740 which is to be funded from SPLOST Phase I recapture. Alternatives:1. Approve award of the contract for construction of a new restroom facility at Pendleton King Park to the low bidder, Sommers Construction of Evans, GA, in the amount of $25,740 to be funded from reprogrammed SPLOST I - GL 271-01-6215/JL 207-27-2007, approved by the Commission. 2. Do not approve the award. Recommendation:Alternative #1 Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN ACCOUNT: GL 271-01-6215/JL 207-27- 2007 REVIEWED AND APPROVED BY: Finance. Procurement. Cover Memo Law. Administrator. Clerk of Commission Cover Memo Attachment number 2Page 1 of 3 Attachment number 2Page 2 of 3 Attachment number 2Page 3 of 3 Invitation to Bid Sealed bids will be received at this office until Tuesday, July 28, 2009 at 3:00 P.M. for furnishing: Bid Item 09-131 New Restroom Facility Pendleton King Park for Public Service 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 obtained at the office of Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. A Mandatory Pre-Bid Conference will be held on Wednesday, July 8, 2009 @ 10:00 a.m. in the Procurement Department Room 605. All questions must be submitted in writing to the office of the Procurement Department by Friday, July 10, 2009 @ 3:00 p.m. 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. No Bid may be withdrawn for a period of 90 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. Bidders are cautioned that sequestration of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle June 11, 18, 25, July 2, 2009 Metro Courier June 17, 2009 cc: Tameka Allen Interim Deputy Administrator Mike Greene Public Service Rick Acree Public Service Attachment number 3Page 1 of 1 Attachment number 5Page 1 of 3 Attachment number 5Page 2 of 3 Attachment number 5Page 3 of 3 Attachment number 6Page 1 of 1 Commission Meeting Agenda 9/15/2009 2:00 PM readoption of flood damage prevention ordinance Department:Planning Commission Caption:Motion to approve the readoption of the Flood Damage Prevention Ordinance as amended and waive the second reading. (Approved by Engineering Services Committee September 8, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo 1 TITLE EIGHT PLANNING & ZONING CHAPTER 1 FLOOD DAMAGE PREVENTION ARTICLE 1 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES § 8-1-1. STATUTORY AUTHORIZATION. Article IX, Section II of the Constitution of the State of Georgia and Section 36-1-20(a) of the Official Code of Georgia Annotated have delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Augusta Commission of Augusta, Georgia does ordain the provisions of this Chapter: § 8-1-2. FINDINGS OF FACT. (a) The flood hazard areas of Augusta, Georgia are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (b) These flood losses are caused by the occupancy in flood hazard areas of uses vulnerable to floods, which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities. § 8-1-3. STATEMENT OF PURPOSE. It is the purpose of this Chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (a) restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion; (b) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (c) control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; Attachment number 1Page 1 of 23 2 (d) control filling, grading, dredging and other development which may increase flood damage or erosion, and; (e) prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. § 8-1-4. OBJECTIVES. The objectives of this Chapter are: (a) to protect human life and health; (b) to minimize expenditure of public money for costly flood control projects; (c) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (d) to minimize prolonged business interruptions; (e) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (f) to help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas; and (g) to insure that potential home buyers are notified that property is in a flood area. § 8-1-5. - - 8-1-9. RESERVED. Attachment number 1Page 2 of 23 3 ARTICLE 2 DEFINITIONS § 8-1-10. SPECIFIC DEFINITIONS. Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application: (a) Addition (to an existing building). Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by an independent perimeter load-bearing wall shall be considered "New Construction". (b) Appeal. A request for a review of the Executive Director's interpretation of any provision of this Chapter or a request for a variance. (c) Area of shallow flooding. A designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one (1) to three (3) feet, and/or where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. (d) Area of Special Flood Hazard. The land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. In the absence of official designation by the Federal Emergency Management Agency, Areas of Special Flood Hazard shall be those designated by the local community and referenced in Article 3, Section 8-1-17. (e) Base flood. The flood having a one (1) percent chance of being equaled or exceeded in any given year. (f) Base Flood Elevation (BFE). The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent change of equaling or exceeding that level in any given year. (f) Basement. That portion of a building having its floor subgrade (below ground level) on all sides. (g) Building. Any structure built for support, shelter, or enclosure for any occupancy or storage. (h) City Engineer. The City Engineer for Augusta, GA. (i) Commission. The Augusta Commission (j) Critical Facilities. Any public or private facility, which, if flooded, would create an added dimension to the disaster or would increase the hazard to life and health. Critical facilities include: Attachment number 1Page 3 of 23 4 (1) structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic, or water-reactive materials; (2) hospitals and nursing homes, and housing for the elderly, which are likely to contain occupants who may not be sufficiently mobile to avoid the loss of life or injury during flood and storm events; (3) emergency operation centers or data storage center which contain records or services that may become lost or inoperative during flood and storm events; and (4) generating plants, and other principal points of utility lines. (k) Development. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, and permanent storage of materials or equipment. (l) Elevated building. A non-basement building built to have the lowest floor of the lowest enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event. (m) Executive Director. The Executive Director of the Augusta-Richmond County Planning Commission. (m) Existing Construction. Any structure for which the "start of construction" commenced before February 15, 1978 for the City of Augusta prior to consolidation and March 4, 1980 for the unincorporated areas of Richmond County prior to consolidation - the effective date of the FIRST Floodplain Management Ordinance adopted by Augusta, GA as a basis for Augusta's participation in the National Flood Insurance Program (NFIP). (n) Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before February 15, 1978 for the City of Augusta prior to consolidation and March 4, 1980 for the unincorporated areas of Richmond County prior to consolidation - the effective date of the FIRST Floodplain Management Ordinance adopted by Augusta as a basis for Augusta's participation in the National Flood Insurance Program (NFIP). (o) Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads. (p) Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; or (2) the unusual and rapid accumulation or runoff of surface waters from any source. (q) Flood Hazard Boundary Map (FHBM). An official map of a community, issued by the Federal Insurance Administration, where the boundaries of areas of Special Flood Hazard have been defined as Zone A. Attachment number 1Page 4 of 23 5 (r) Flood Insurance Rate Map (FIRM). An official map of a community, issued by the Federal Insurance Administration, delineating the areas of Special Flood Hazard and/or risk premium zones applicable to the community. (s) Flood Insurance Study. The official report by the Federal Insurance Administration evaluating flood hazards and containing flood profiles and water surface elevations of the base flood. (t) Floodplain. Any land area susceptible to flooding. (u) Floodproofing. Any combination of structural and non-structural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. (v) Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. (w) Floodway fringe, lower. The portion of the area of Special Flood Hazard that is located between the limit of the floodway and a line connecting all points half the distance between the floodway and the limit of the area of Special Flood Hazard. (x) Floodway fringe, upper. The portion of the area of Special Flood Hazard that is located between the lower floodway fringe and the boundary of the area of Special Flood Hazard. (y) Floor. The top surface of an enclosed area in a building (including basement), i.e. top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles. (z) Functionally dependent facility. A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacturing, sales or service facilities. (aa) Highest adjacent grade. The highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building. (bb) Historic Structure. Any structure that is: (1) listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior; or Attachment number 1Page 5 of 23 6 (4) individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either: a) By an approved state program as determined by the Secretary of the Interior; or b) directly by the Secretary of the Interior in states without approved programs. (cc) Lowest floor. The lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this Code. (dd) Manufactured home. A building, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for one hundred and eighty (180) consecutive days or longer and intended to be improved property. (ee) Mean Sea Level. The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this Chapter, the term is synonymous with National Geodetic Vertical Datum (NGVD). (ff) National Geodetic Vertical Datum (NGVD). As corrected in 1929, is a vertical control used as a reference for establishing varying elevations within the floodplain. (gg) New construction. (for purposes of determining insurance rates and for floodplain management purposes) ANY structure (see definition) for which the "start of construction" commenced after February 15, 1978 for the City of Augusta prior to consolidation and March 4, 1980 for the unincorporated areas of Richmond County prior to consolidation - the effective date of the FIRST Floodplain Management Ordinance adopted by Augusta, GA as a basis for Augusta's participation in the National Flood Insurance Program (NFIP) - and includes any subsequent improvements to such structure. (hh) New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after February 15, 1978 for the City of Augusta prior to consolidation and March 4, 1980 for the unincorporated areas of Richmond County prior to consolidation - the effective date of the FIRST Floodplain Management Ordinance adopted by Augusta, GA as a basis for Augusta's participation in the National Flood Insurance Program (NFIP). (ii) Recreational vehicle means a vehicle which is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable by a light duty truck; and Attachment number 1Page 6 of 23 7 (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. (jj) Start of construction. The date the Development Permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred and eighty (180) days of the permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. (Permanent construction does not include initial land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or part of the main structure. (NOTE: Accessory structures are NOT exempt from any ordinance requirements) For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. (kk) Structure. A walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank. (ll) Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. (mm) Substantial improvement. Any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during a five (5) year period, in which the cumulative cost equals or exceeds fifty percent of the market value of the structure prior to the improvement. The market value of the building should be: (1) the appraised value of the structure prior to the start of the initial repair or improvement; or (2) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures which have incurred "substantial damage", regardless of the actual amount of repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include those improvements of a building required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, which have been pre-identified by the Code Enforcement Official, and not solely triggered by an improvement or repair project. (nn) Substantially improved existing manufactured home parks or subdivisions. Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty (50) percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. (oo) Variance. A grant of relief from the requirements of this Chapter which permits construction in a manner otherwise prohibited by this Chapter. Attachment number 1Page 7 of 23 8 (pp) Violation. The failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, or other certifications, or other evidence of compliance required by this ordinance is presumed to be in violation until such time as that documentation is provided. § 8-1-11. - - 8-1-15. RESERVED. Attachment number 1Page 8 of 23 9 ARTICLE 3 GENERAL PROVISIONS § 8-1-16. LANDS TO WHICH THIS CHAPTER APPLIES. This Chapter shall apply to all areas of Special Flood Hazard within the jurisdiction of Augusta, Georgia. § 8-1-17. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of Special Flood Hazard, identified by the Federal Emergency Management Agency in its Flood Insurance Study (FIS), dated February 15, 1978 for the City of Augusta prior to consolidation and March 4, 1980 for the unincorporated areas of Richmond County prior to consolidation, with accompanying maps and other supporting data and any revision thereto, the most recent revision being September 25, 2009, are adopted by reference and declared a part of this Chapter. Areas of Special Flood Hazard may also include those areas known to have flooded historically or defined through standard engineering analysis by governmental agencies or private parties but not yet incorporated in a FIS. The Repository for public inspection of the Flood Insurance Study (FIS), accompanying maps and other supporting data is located at 525 Telfair Street, Augusta, GA. § 8-1-18. ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be required, in conformance with the provisions of this Chapter, PRIOR to the commencement of any development activities. § 8-1-19. COMPLIANCE. No structure or land shall hereafter be located, extended, converted or altered without full compliance with the terms of this Chapter and other applicable regulations. § 8-1-20. ABROGATION AND GREATER RESTRICTIONS. This Chapter is not intended to repeal, abrogate, or impair any existing ordinance, easements, covenants, or deed restrictions. However, where this Chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. § 8-1-21. INTERPRETATION. In the interpretation and application of this Chapter all provisions shall be: (a) considered as minimum requirements; (b) liberally construed in favor of the Governing Body, and; Attachment number 1Page 9 of 23 10 (c) deemed neither to limit nor repeal any other powers granted under state statutes. § 8-1-22. WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur; flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of Special Flood Hazard or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of Augusta, GA, the Commission, and/or the Augusta-Richmond County Planning Commission or by any officer or employee thereof for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder. § 8-1-23. ENFORCEMENT AND PENALTIES FOR VIOLATION Violation of the provisions of this Chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions shall be reported to the City Engineer. Once a violation is evident, the City Engineer, acting on behalf of the Commission, shall be empowered to notify the owner in writing of the apparent violation of this Chapter. The written notice shall direct the owner to cease the development activity until such time as the requirements and procedures of this Chapter have been met. Upon failure of the owner to comply with this notice, the City Engineer shall notify the City Attorney of the violation; and the City Attorney shall immediately begin legal procedures in the Superior Court of Richmond County to prevent, enjoin, abate or remove such violations in addition to injunctive relief. All persons, firms or corporations failing to comply with the mandatory provisions hereof or doing any act prohibited hereby shall be guilty of an offense and, upon conviction thereof, be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than sixty (60) days, or both, and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing contained herein shall prevent the Commission from taking such other lawful action as is necessary to prevent or remedy any violation. § 8-1-24 - - 8-1-28. RESERVED. Attachment number 1Page 10 of 23 11 ARTICLE 4 ADMINISTRATION § 8-1-29. DESIGNATION OF EXECUTIVE DIRECTOR. The Executive Director of the Augusta-Richmond County Planning Commission is hereby appointed to administer and implement the provisions of this Chapter. § 8-1-30. PERMIT PROCEDURES. Application for a Development Permit shall be made to the Executive Director on forms furnished by the community PRIOR to any development activities, and may include, but not be limited to the following: plans in duplicate drawn to scale showing the elevations of the area in question and the nature, location, dimensions, of existing or proposed structures, earthen fill placement, storage of materials or equipment, and drainage facilities. Specifically, the following information is required: (a) Application Stage - (1) Elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all proposed structures; (2) Elevation in relation to mean sea level to which any non-residential structure will be flood-proofed; (3) Design certification from a registered professional engineer or architect that any proposed non-residential flood-proofed structure will meet the flood-proofing criteria of Article 5, Section 8-1-44(b); (4) Description of the extent to which any watercourse will be altered or relocated as a result of a proposed development, and; (b) Construction Stage - For all new construction and substantial improvements, the permit holder shall provide to the Administrator an as-built certification of the regulatory floor elevation or flood- proofing level immediately after the lowest floor or flood-proofing is completed. Any lowest floor certification made relative to mean sea level shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood-proofing is utilized for non-residential structures, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of these certifications shall be at the permit holder's risk. The Executive Director shall review the above referenced certification data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being allowed to proceed. Failure to submit Attachment number 1Page 11 of 23 12 certification or failure to make said corrections required hereby, shall be cause to issue a Stop-Work Order for the project. § 8-1-31. DUTIES AND RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR Duties of the Executive Director shall include, but shall not be limited to: (a) Review all Development Permits to assure that the permit requirements of this Chapter have been satisfied; (b) Review proposed development to assure that all necessary permits have been received from governmental agencies from which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. Require that copies of such permits be provided and maintained on file. (c) Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. (d) When Base Flood Elevation data or floodway data have not been provided in accordance with Article 3, Section 8-1-17, then the Executive Director shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other sources in order to administer the provisions of Article 5. (e) Review and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all new or substantially improved structures in accordance with Article 4, Section 8-1-30(b). (f) Review and record the actual elevation, in relation to mean sea level to which any new or substantially improved structures have been flood-proofed, in accordance with Article 4, Section 8-1-30(b). (g) When flood-proofing is utilized for a structure, the Executive Director shall obtain certification of design criteria from a registered professional engineer or architect in accordance with Article 4, Section 8-1-30(a)(3) and Article 5, Section 8-1-44(b) or Article 5, Section 8-1-48(b). (h) Make substantial damage determinations following a flood event or any other event that causes damage to structures in flood hazard areas. (i) Notify adjacent communities and the Georgia Department of Natural Resources prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). (j) For any altered or relocated watercourse, submit engineering data/analysis within six (6) months to the FEMA to ensure accuracy of community flood maps through the Letter of Map Revision process. Assure flood carrying capacity of any altered or relocated watercourse is maintained. (k) Where interpretation is needed as to the exact location of boundaries of the Areas of Special Flood Hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Executive Director shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Chapter. Attachment number 1Page 12 of 23 13 (l) All records pertaining to the provisions of this Chapter shall be maintained in the office of the Executive Director and shall be open for public inspection. § 8-1-32. VARIANCE PROCEDURES (a) The Zoning Board of Appeals as established by the Commission shall hear and decide requests for appeals or variance from the requirements of this Chapter. (b) The Zoning Board of Appeals shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the Executive Director in the enforcement or administration of this Chapter. (c) Any person aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Superior Court of Richmond County, Georgia, as provided in O.C.G.A. Sec. 5-4-1; however all appeals shall be on record and shall not be de novo. (d) Variances may be issued for the repair or rehabilitation of Historic Structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a Historic Structure and the variance is the minimum to preserve the historic character and design of the structure. (e) In reviewing such requests, the Zoning Board of Appeals shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this Chapter, and: (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, in the case of a functionally dependent facility; (6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise and sediment transport of floodwaters and the effects of wave action, if applicable, expected at the site; and Attachment number 1Page 13 of 23 14 (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (f) Upon consideration of the factors listed above and the purposes of this Chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter. (g) Variances shall not be issued within any designated floodway, or lower floodway fringe, if ANY increase in flood levels during the base flood discharge would result. (h) Conditions for Variances: (1) The provisions of this Chapter are minimum standards for flood loss reduction, therefore any deviation from the standards must be weighed carefully. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and, in the instance of an Historic Structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. (2) A variance shall be issued ONLY when there is: (a) a finding of good and sufficient cause, (b) a determination that failure to grant the variance would result in exceptional hardship, and; (c) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (3) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation. (i) The Executive Director shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. (j) Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this Article are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety. § 8-1-33 - - 8-1-42. RESERVED. Attachment number 1Page 14 of 23 15 ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION § 8-1-43. GENERAL STANDARDS In ALL Areas of Special Flood Hazard the following provisions are required: (a) New construction and substantial improvements of existing structures shall be anchored to prevent flotation, collapse or lateral movement of the structure; (b) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable State requirements for resisting wind forces; (c) New construction and substantial improvements of existing structures shall be constructed with materials and utility equipment resistant to flood damage; (d) New construction or substantial improvements of existing structures shall be constructed by methods and practices that minimize flood damage; (e) All heating and air conditioning equipment and components, all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (f) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (g) Replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; (h) New on-site waste disposal systems shall be located within the Special Flood Hazard Area per the provisions of the Georgia Onsite Wastewater Regulations; (i) Any alteration, repair, reconstruction or improvement to a structure which is not compliant with the provisions of this Chapter, shall be undertaken only if the non- conformity is not furthered, extended or replaced; and (j) Elevated Buildings - All new construction or substantial improvements of existing structures that include ANY fully enclosed area located below the lowest floor formed by foundation and other exterior walls shall be designed so as to be an unfinished or a flood resistant enclosure. The enclosure shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. (1) A minimum of two (2) openings that are installed no more than twelve (12) inches above the higher of the final interior or exterior grade, and that are installed in at least two different sides (preferably the sides in the direction of the flow of floodwater) of each enclosed area, must be provided, where the openings: Attachment number 1Page 15 of 23 16 (a) Have a total open net area of not less than one square inch for every square foot of enclosed area Openings may be equipped with screens, louvers, valves or other coverings or devices provided they are disabled in the open position and also permit the automatic flow of floodwater in both directions.; or (b) Are individually certified by a design professional licensed to do design work in the State of Georgia stating that the openings are designed to automatically equalize hydrostatic flood loads on exterior walls by allowing the automatic entry and exit of floodwaters in accordance with the American Society of Civil Engineers – Flood Resistant Design and Construction (ASCE 24) and that an appropriate number of vents are provided. A copy of the Engineer’s Certification (signed and sealed) along with the applicable section from the Flood Ordinance (this section) allowing for the use of these engineered openings must be attached to the Elevation Certificate; or (c) Are ICC-ES accepted engineered flood vents, and the appropriate number of such vents are provided and installed in accordance with the manufacturer’s specifications. A copy of the ICC-ES Evaluation Report along with the applicable section from the Flood Ordinance (this section) allowing for the use of these engineered flood vents must be attached to the Elevation Certificate. (2) So as not to violate the "Lowest Floor" criteria of this Chapter, the unfinished or flood resistant enclosure shall only be used for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area; and (3) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. (4) An attached garage may have its flood below the BFE provided the garage meets all of the requirements for an enclosed area below the BFE, including, but not limited to, the installation of openings that meet Section 8-1-43-(j)-(1) above. Opens may be installed in garage doors; however, garage doors do not meet the requirement for openings. The use of the garage space must be limited to parking of vehicles, building access and storage. Section 8-1-43-(j)-(3), above, must be strictly adhered to. Flood damage-resistant materials must be used below the BFE and all utilities must be elevated to be three (3) feet above the BFE. (5) Crawlspaces that are below-grade on all sides (basements) are not allowed. (6) Detached garages and detached storage building are allowed, without the requirement to elevate to three (3) feet above the BFE in AE zones, or three (3) feet above the highest adjacent grade in A zones, if they comply with all of the requirements for enclosures: (a) must be used for parking of vehicles and storage only; (b) must be constructed of flood damage-resistant materials below the area that is three (3)feet above the BFE; (c) all utilities must be elevated to be three (3) feet above the BFE; (d) the requirements for flood openings that meet Section 8-1-43-(j)-(1) above must be satisfied; (e) must be anchored to resist floatation, collapse or lateral movement under flood conditions. Attachment number 1Page 16 of 23 17 § 8-1-44. SPECIFIC STANDARDS In ALL areas of Special Flood Hazard the following provisions are required: (a) New construction and substantial improvements. Where base flood elevation data are available, new construction or substantial improvement of any structure or manufactured home shall have the lowest floor, including basement, elevated no lower than three (3) feet above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Article 5, Section 8-1-43(j), "Elevated Buildings". (1) All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be elevated at or above three (3) feet above the base flood elevation. (b) Non-Residential Construction. New construction or the substantial improvement of any structure located in A1-30, AE, or AH zones, may be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to three (3) feet above the base flood elevation, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and in Article 4, Section 8-1-31(g). (c) Standards for Manufactured Homes and Recreational Vehicles. Where base flood elevation data are available: (1) All manufactured homes placed or substantially improved on: (1) individual lots or parcels, (2) in new or substantially improved manufactured home parks or subdivisions, (3) in expansions to existing manufactured home parks or subdivisions, or (4) on a site in an existing manufactured home park or subdivision where a manufactured home has incurred "substantial damage" as the result of a flood, must have the lowest floor including basement, elevated no lower than three (3) feet above the base flood elevation. (2) Manufactured homes placed or substantially improved in an existing manufactured home park or subdivision may be elevated so that either: (a) The lowest floor of the manufactured home is elevated no lower than three (3) feet above the level of the base flood elevation, or (b) The manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements of at least an equivalent strength) of no less than 36 inches in height above grade. (3) All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (ref. Article 5, Section 8-1-43(b) ). (4) All recreational vehicles placed on sites must either: Attachment number 1Page 17 of 23 18 (a) Be on the site for fewer than 180 consecutive days. (b) Be fully licensed and ready for highway use, (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions), or (c) The recreational vehicle must meet all the requirements for "New Construction", including the anchoring and elevation requirements of Article 5, Section 8-1-44(c)(1) and (3). (d) Floodway. Located within areas of Special Flood Hazard established in Article 3, Section 8-1-17, are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity flood waters, debris or erosion potential. In addition, the area must remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights. Therefore, the following provisions shall apply: (1) Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development within the regulatory floodway. Development may be permitted however, provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment shall not result in any increase in flood levels or floodway widths during a base flood discharge. A registered professional engineer must provide supporting technical data and certification thereof. (2) ONLY if Article 5, Section 8-1-44(d)(1) above is satisfied, then any new construction or substantial improvement shall comply with all other applicable flood hazard reduction provisions of Article 5. (3) The placement of manufactured homes, except in an existing manufactured home park or subdivision, shall be prohibited. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of § 8-1-43 (b) are met, and the elevation standards of § 8-1-44 (a) and the encroachments standards of subsection (1) of this Section are met. (4) Removal of trees and other vegetation may not be a consideration in calculating the effect of proposed encroachments on flood levels during the occurrence of the base flood discharge. (e) Floodway fringe, lower. Within the lower floodway fringe is the area between the floodway and the upper floodway fringe that is lower than a lines one-half (1/2) the distance between the floodway and the boundary of the area of Special Flood Hazard. The lower floodway fringe is a transitional area that is hazardous due to its proximity to the floodway and encroachment by fill or development within this area could have serious impact on the entire floodplain. The following provisions shall apply with the lower floodway fringe: (1) Encroachments, including fill, new construction, substantial improvements and other developments shall be prohibited unless certification by a registered professional engineer, with supporting technical data, is provided to the Executive Director demonstrating that encroachments shall not result in any increase in flood levels during occurrence of base flood discharge; Attachment number 1Page 18 of 23 19 (2) If Article 5, Section 8-1-44(d)(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. (3) The placements of manufactured homes, except in an existing manufactured home park or subdivision, shall be prohibited. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of Article 5, Section 8-1-43(b), and the elevation standards of Article 5, Section 8-1-44(a), and the encroachment standards of Article 5, Section 8-1-44(d)(1) are met. (4) Removal of trees and other vegetation may not be a consideration in calculating the effect of proposed encroachments on flood levels during the occurrence of the base flood discharge. (k) Large Tracts. If a tract contains over one (1) acre located within the area of Special Flood Hazard, then development or land disturbance on that portion of the tract located within the Special Flood Hazard area shall comply with the standards for lower floodway fringe set forth in § 8-1-44 (e). (l) Other area unsuitable for development. Land subject to flooding that is not located within a mapped area of Special Flood Hazard may, at the discretion of the Executive Director or City Engineer, be required to comply with any or all standards set forth in this Chapter. (m) Grading in the area of the Special Flood Hazard. Grading (including excavating, filling, or any culmination thereof) shall be prohibited in the area of the Special Flood Hazard except for the following: (1) Minimum land disturbing activities such as home gardens and individual home landscaping, repairs, maintenance work and other related activities; (2) Agricultural practices involving the establishment, cultivation or harvesting or products of the field or orchard, preparing and planting of pasture land, forestry land management practices including harvesting (where stumps are not removed), farm ponds, dairy operations, livestock and poultry management practices and the construction of farm buildings. (3) Projects permitted by or carried out under the technical supervision of the U.S. Department of Agriculture, U.S. Army Corps of Engineers, or any other agency of the U.S. Government; (4) Cemetery graves; (5) Excavation for wells or tunnels or utilities; (6) Approved mining, quarrying, stockpiling of rock, sand, gravel aggergrates or clay where established and provided for by law; (7) Exploratory excavations under the direction of soils engineers or engineering geologists; (8) Where consistent with other provisions of this Chapter, minimum grading for land development or construction which does not result in topographic changes greater than two (2) feet at any location and which is not for the sole purpose of elevating structures pursuant to Article 5, Section 8-1-44(a) and Article 5, Attachment number 1Page 19 of 23 20 Section 8-1-44(b) of this Chapter. In no case, shall fill be transported into the area of Special Flood Hazard. (a) Detention ponds and retention ponds are exempt from the provisions 8- 1-44-(m)-(8), provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment by the detention pond or retention pond shall not result in any increase in flood levels or floodway widths during a base flood discharge. A registered professional engineer must provide supporting technical data and certification thereof. (1) Under no circumstances shall a detention pond or a retention pond be located in the area of Special Flood Hazard. (9) Construction activities at existing Industrial Sites which were developed before the effective date of the FIRST Floodplain Management Ordinance adopted by Augusta, GA as a basis for Augusta's participation in the National Flood Insurance Program (NFIP), such as dikes, ditches and ponds. (n) As-built Drawings and Certification. Within the area of the Special Flood Hazard, as- built drawings and certifications shall be provided by a registered professional engineer and/or a registered land surveyor pursuant to 8-1-30(b) and 8-1-44(b) of this Ordinance and also when required by the Site Plan Regulations or the Subdivision Regulations. As- built drawings and certifications may be required in other situations at the discretion of the Executive Director. § 8-1-45. BUILDING STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS AND/OR FLOODWAYS (A-ZONES). Located within the Areas of Special Flood Hazard established in Article 3, Section 8-1-17, where streams exist but no base flood data have been provided (A-Zones), OR where base flood data have been provided but a Floodway has not been delineated, the following provisions apply: (a) No encroachments, including structures or fill material, shall be located within an area equal to five (5) times the width of the stream or twenty (20) feet, whichever is greater, measured from the top of the stream bank, unless certification by a registered professional engineer is provided demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge. (b) In Special Flood Hazard Areas without base flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three (3) feet above the highest adjacent grade at the building site. Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Article 5, Section 8-1-43(j), "Elevated Buildings". (1) All heating and air conditionaing equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be elevated no less than three (3) feet above the highest adjacent grade at the building site. The Executive Director shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file. Attachment number 1Page 20 of 23 21 (c) When base flood elevation data or floodway data have not been provided in accordance with Article 3, Section 8-1-17, then the Executive Director shall obtain, review, and reasonably utilize any scientific or historic base flood elevation and floodway data available from a Federal, State, or other source, in order to administer the provisions of Article 5. ONLY if data are not available from these sources, then the provisions of (a) and (b) of this Section shall apply. § 8-1-46. STANDARDS FOR SUBDIVISIONS. (a) All subdivision and/or development proposals shall be consistent with the need to minimize flood damage; (b) All subdivision and/or development proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; (c) All subdivision and/or development proposals shall have adequate drainage provided to reduce exposure to flood hazards, and; (d) For subdivisions and/or developments greater than fifty lots of five acres, whichever is less, base flood elevation data shall be provided for subdivision proposals and all other proposed development, including manufactured home parks and subdivisions. Any changes or revisions to the flood data adopted herein and shown on the FIRM shall be submitted to FEMA for review as a Conditional Letter of Map Revision (CLMOR) or Conditional Letter of Map Amendment (CLOMA), whichever is applicable. Upon completion of the project, the developer is responsible for submitting the “as-built” data to FEMA in order to obtain the final Letter of Map Revision (LOMR). § 8-1-47. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES). Areas of Special Flood Hazard established in Article 3, Section 8-1-17, may include designated "AO" shallow flooding areas. These areas have base flood depths of one to three feet (1'-3') above ground, with no clearly defined channel. The following provisions apply: (a) All new construction and substantial improvements of residential and non-residential structures shall have the lowest floor, including basement, elevated to the flood depth number specified on the Flood Insurance Rate Map (FIRM), above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least three feet (3) above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Article 5, Section 8-1-43(j), "Elevated Buildings". The Executive Director shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file. (b) New construction or the substantial improvement of a non-residential structure: (1) Shall have the lowest floor, including basement, elevated to the flood depth number specified on the Flood Insurance Rate Map (FIRM), above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least three feet (3) above the highest adjacent grade. Attachment number 1Page 21 of 23 22 (2) May be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to the specified FIRM flood level plus one (1) foot, above highest adjacent grade, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and as required in Articles 4, Section 8-1-30(a)(3) and Article 4, Section 8-1-30(b). (c) Drainage paths shall be provided to guide floodwater around and away from any proposed structure. § 8-1-48 STANDARDS FOR AREAS OF SPECIAL FLOOD HAZARD (ZONES AE) WITH ESTABLISHED BASE FLOOD ELEVATIONS WITHOUT DESIGNATED FLOODWAYS Located within the Areas of Special Flood Hazard established in Article 3, Section 8-1-17, where streams with base flood elevations are provided but no floodways have been designated, (Zone AE) the following provisions apply: (a) No encroachments, including fill material, new structures or substantial improvements shall be located within Special Flood Hazard Areas, unless certification by a registered professional engineer is provided deomonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles. (b) New construction or substantial improvements of buildings shall be elevated or flood- proofed to elevations established in accordance with Article 5, Section 8-1-44. § 8-1-49 STANDARDS FOR CRITICAL FACILITIES (a) Critical facilities shall not be located in the 100 year floodplain or the 500 year floodplain. (b) All ingress and egress from any critical facility must be protected to the 500 year flood elevation. § 8-1-50. RESERVED. Attachment number 1Page 22 of 23 23 § 8-1-51. SEVERABILITY If any Section, clause, sentence, or phrase of this Chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Chapter. Section 2. This Chapter shall become effective upon adoption. Section 3. All Ordinances or parts of Ordinances in conflict with this Chapter are hereby repealed. Duly adopted by the Augusta Commission this __________ day of ____________________, 2009. AUGUSTA COMMISSION ___________________________________ Mayor ATTEST: __________________________________ Clerk of Commission Attachment number 1Page 23 of 23 ORDINANCE NO. _____ A resolution by the Augusta-Richmond County Planning Commission recommending that the Flood Damage Prevention Ordinance be readopted and amended as follows: AN ORDINANCE TO READOPT THE FLOOD DAMAGE PREVENTION ORDINANCE OF AUGUSTA, GEORGIA, INITIALLY ADOPTED ON FEBRUARY 15, 1978 AND MARCH 4, 1980, AMENDED BY THE AUGUSTA COMMISSION AFTER CONSOLIDATION ON MARCH 18, 1997, AND LAST AMENDED BY THE AUGUSTA COMMISSION ON OCTOBER 17, 2000, IN ITS ENTIRETY, AND TO ADD LANGUAGE FROM GEORGIA’S MODEL ORDINANCE AS REQUIRED BY AUGUSTA’S PARTICIPATION IN THE NATION FLOOD INSURANCE PROGRAM (NFIP), AND TO AMEND AND ADD LANGUAGE FROM FEMA’S TECHNICAL BULLETIN 1 TO SECTION 8-1-43-(j). THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTION I. That the Ordinance regulating Flood Damage Prevention in Augusta, Georgia, is amended by deleting the following: • TITLE EIGHT PLANNING & ZONING Chapter 1 Flood Damage Prevention SECTION II. That the Ordinance regulating Flood Damage Prevention in Augusta, Georgia, is amended by adding the following: • TITLE EIGHT PLANNING & ZONING Chapter 1 Flood Damage Prevention SECTION III. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Attachment number 2Page 1 of 2 Done in Open Meeting under the Common Seal thereof this __________ day of _______________, 2009. APPROVED THIS __________ day of _______________, 2009. ___________________________________ MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: ___________________________________ CLERK OF COMMISSION Attachment number 2Page 2 of 2 Commission Meeting Agenda 9/15/2009 2:00 PM Recapture & Reallocation of SPLOST III Funds into Phase IV Programmed Department:Public Services Department Caption:Motion to approve the recapture and/or reallocation of SPLOST III funds programmed for the Public Services Department and County Forces into Phase IV programmed categories. (Approved by Engineering Services Committee September 8, 2009) Background:SPLOST Funds were programmed for Public Services in general categories and were/are not project specific. In an effort to close out Phase III, funds will be recaptured and reprogrammed to Phase IV. (See attached table.) Analysis:With the re-programming of these funds, we effectively close out Phase III project categories for Public Services and consolidate these to Phase IV, in like categories. Financial Impact:Funds will be transferred to the designated accounts, as listed, upon Commission approval. Alternatives:1. Approve the recapture and/or reallocation of SPLOST III funds programmed for the Public Services Department and County Forces, into Phase IV programmed categories. 2. Do not approve. Recommendation:Approve Alternative #1. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 9/15/2009 2:00 PM Resolution for Easement on Georgia State Property Department:Augusta Utilities Department Caption:Motion to approve a Resolution requesting easements across Georgia State property. (Approved by Engineering Services Committee September 8, 2009) Background:The Augusta Utilities Department will be upgrading the Butler Creek Interceptor, a sanitary sewer trunk pipeline. In order to do this, a permanent easement and a temporary easement is needed on property owned by the State of Georgia, and controlled by the Department of Juvenile Justice (DJJ). The property in question is located on Phinizy Road, across Phinizy Road from the Webster Detention Center. Analysis:The DJJ approved the easements by a Resolution of the Georgia Board of Juvenile Justice, dated July 23, 2009, and presented to the Georgia State Properties Commission (GSPC). GSPC has asked that Augusta pass a Resolution requesting the easements and forward it to them. Financial Impact:None Alternatives:Deny motion to approve a Resolution requesting easements across Georgia State property and find an alternative route for the pipeline. Recommendation:Approve motion to approve a Resolution requesting easements across Georgia State property. Funds are Available in the Following Accounts: G/L 511043420-5411120 J/L 80360107-5411120 REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 7 Attachment number 1Page 2 of 7 Attachment number 1Page 3 of 7 Attachment number 1Page 4 of 7 Attachment number 1Page 5 of 7 Attachment number 1Page 6 of 7 Attachment number 1Page 7 of 7 Attachment number 2Page 1 of 2 Attachment number 2Page 2 of 2 Attachment number 3Page 1 of 1 Commission Meeting Agenda 9/15/2009 2:00 PM Road Improvements Projects Funding Update and Approval to Proceed Department:Abie L. Ladson, PE, CPESC, Director of Engineering Caption:Motion to authorize proceeding with securing funding for projects to improve the following key roads: Windsor Spring Road (Willis Forman Rd to Tobacco Rd), Wrightsboro Road (Jimmie Dyess Parkway to I-520), Marvin Griffin Road (Doug Bernard Parkway to Mike Padgett Hwy), Alexander Drive (Washington Rd to Riverwatch Parkway), and Broad Street (5th Street to 13th Street). (Approved by Engineering Services Committee September 8, 2009) Background:These projects are identified in AED’s Construction Work Program. Engineering design and construction in general is a shared effort between GDOT (Georgia Department of Transportation) and AED. However, funding such projects is always a challenge. It is an ongoing effort by AED to identify potential outside funding sources to alleviate stress on local funds and, most importantly, to complete critical projects in a short-range program. One of the newly-identified funding sources is federal grant under American Recovery and Reinvestment Act (ARRA-Stimulus Funds). Another identified source is State Transportation Improvement Program funds managed by the Metropolitan Planning Organization (MPO). Through these outside funding sources, AED is seeking funds for Roadway and Drainage Improvements along Windsor Spring Road through stimulus-fund Grants under the Transportation Investment Generating Economic Recovery Program (TIGER Program) and MPO funds), Wrightsboro Road (TIGER Program Stimulus funds), Marvin Griffin Road (TIGER Program Stimulus funds), Alexander Drive (GDOT Stimulus Funds), and Traffic Enhancement (Signals and Street Light improvements) along Broad Street (MPO Stimulus Funds). Analysis:GDOT is currently experiencing a funding shortage that is impacting these projects as well as other projects state-wide. According to GDOT Management, this funding situation is not expected to improve within the next 3 years. All aforementioned projects are critical to improve transportation efficiency and drainage in Augusta Urban and Suburban areas and completion of these projects is interrelated. Finding an outside funding source for one project facilitates making local funds available for other projects and enhances the feasibility of the project moving closer to construction. After carefully reviewing the status of all of the transportation projects and the criteria in the various outside funding grants, AED is presenting the following assessment: (a) Windsor Spring Road Improvements (Willis Forman Rd to Tobacco Rd) is best qualified for funding under Stimulus Funds under TIGER Program and State Transportation Improvement Program funds managed by the MPO. AED is seeking 36 million plus for right-of-way (R-O-W) and construction (if Cover Memo succeeded, funds will become available in FY2010 for R-O-W and FY2013 for construction) under TIGER and MPO Programs. (b) Wrightsboro Road Improvement Project (Jimmie Dyess Parkway to I-520) is best qualified for funding under Stimulus Funds under TIGER Program. AED is seeking $26 million plus under TIGER Program. (c) Marvin Griffin Road Improvements (Doug Bernard Parkway to Mike Padgett Hwy) is best qualified for funding under Stimulus Funds under TIGER Program. AED is seeking $20 million plus under TIGER Program.) (d) Alexander Drive Improvements (Washington Road to Riverwatch Parkway) is best qualified for funding under GDOT Stimulus funds. AED is seeking $8.7 million for construction (e) Broad Street Traffic Enhancement (Signal and Street Light Improvements from 5th Street to 13th Street) is best qualified for funding under MPO Stimulus funds. AED is seeking $3 million for these improvements. Financial Impact:Possible positive impact of $93.7 million plus. Alternatives:) The Augusta Engineering Department (AED) would like to present for information and approval - authorization to proceed with securing funding for projects to improve the following key roads: Windsor Spring Road (Willis Forman Rd to Tobacco Rd), Wrightsboro Road (Jimmie Dyess Parkway to I-520), Marvin Griffin Road (Doug Bernard Parkway to Mike Padgett Hwy), Alexander Drive (Washington Rd to Riverwatch Parkway), and Broad Street (5th Street to 13th Street). 2) Do not approve/authorize and identify an alternate funding source to complete the above mentioned projects. Recommendation:Approve/authorize alternative 1 Funds are Available in the Following Accounts: n/a REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 9/15/2009 2:00 PM St. Sebastian Way/Greene Street/15th Street- Archaeological Website Department:Abie L. Ladson, PE, CPESC, Director of Engineering Caption:Motion to approve the City providing on its website a link to the website that has been created concerning the mitigation of the Springfield Historic District, an African-American archaeological site, as part of the St. Sebastian Street Extension project. The Springfield Historic District website has been finalized and is available to the public. This website contains lesson plans at the 8th grade level and this is requesting that the Augusta-Richmond County Board of Education also be made aware of this educational opportunity. (Approved by Engineering Services Committee September 8, 2009) Background:This is a Georgia Department of Transportation (GDOT) project that will extend St. Sebastian Street on new location from Walton Way to Riverwatch Parkway and provide connectivity to Broad Street. The Engineering Department was responsible for development of the Preliminary Engineering activities. The project was awarded to Sunbelt Structures, Inc. on April 9, 2008 at the low bid of $30,306,988.7 with a completion date of July 31, 2010. Construction is approximately 50% complete. Analysis:The alignment on the connector segment from Greene Street to Broad Street and Reynolds Street encroached on the Springfield Historic District. The Springfield Community was established in the late 1700’s and has long been an important location for African-American culture and history in Augusta. The Federal Highway Administration, National Historic Preservation Office, State Historic Preservation Office and GDOT deemed this site to be eligible for inclusion on the National Register of Historic Places. Mitigation of the archaeological site has been completed and the findings of the artifacts and other historical information have been documented on the websites listed below. http://georgiainfo.galileo.usg.edu/blackga.htm http://africanamericanspringfield.org http://www.nps.gov/nr//travel/Augusta/springfieldbaptists.html http://www.diaspora.uiuc.edu/bookmark3.html#1e http://thesga.org/2009/07/road-trip-augustas-springfield-community/ http://gashpo.org/content/displaycontent.asp?txtDocument=50 Financial Impact:N/A Alternatives:1 Request approval for the City to provide on its website a link to the website that has been created concerning the mitigation of the Springfield Historic District, an African-American archaeological site, as part of the St. Sebastian Street Extension project. The Springfield Historic District website Cover Memo has been finalized and is available to the public. This website contains lesson plans at the 8th grade level and this is requesting that the Augusta- Richmond County Board of Education also be made aware of this educational opportunity. 2) N/A Recommendation:Approve Alternative Number One Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 9/15/2009 2:00 PM TE Grant Department:Clerk of Commission Caption:Motion to approve letter from the Mayor to the Department of Transportation to transfer TE Grant from 5th Street Depot to James Brown Blvd. Streetscape Project. (Approved by Engineering Services Committee September 8, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 9/15/2009 2:00 PM Turknett Springs Detention Basin Improvements -Contract/CPB Department:Abie L. Ladson, PE, CPESC, Director of Engineering Caption:Motion to approve award of Construction Contract to L-J, Inc. in the amount of $537,085.00 and Capital Project Budget for the Turknett Springs Detention Basin Improvements Project, subject to receipt of signed contracts and proper bonds as requested by AED. Funding in the amount of $537,085.00 with $268,542.50 from Augusta Utilities and $268,542.50 from SPLOST IV Augusta Public Services for project construction. (Approved by Engineering Services Committee September 8, 2009) Background:The Turknett Springs Sediment Basin is a regionalfacility that receives stormwater flow from surrounding areas to include the backwashing of water treatment filters at the Higland Avenue plant. Over time, sediments from both sources have accumulated in the pond - thereby diminishing the ponds capacity. Very soon no additional sediments storage capacity will be left. The requested periodic maintenance work will remove accumulated sediment deposits and restore the pond’s capacity nearer to its design level. This project will also provide needed capacity for sedimentation from the water treatment plant and surface runoff. Analysis:Bids were received on August 14, 2009 with L-J, Inc. being the low bidder. The bid results are as follow: CONTRACTORS BID 1. L-J, Inc. $537,085.00 2. Mabus Brothers $633,500.00 3. Bio-Nomic Services $649,900.00 4. Beam’s $652,062.85 It is AED's recommendation to award this project to the low bidder, L-J, Inc. subject to receipt of proper bonds. Financial Impact:Funding in the amount of $537,085.00 with $268,542.50 from Augusta Utilities and $268,542.50 from SPLOST IV Augusta Public Services for project construction. Alternatives:1) Approve award of Construction Contract to L-J, Inc. in the amount of $537,085.00 and Capital Project Budget for the Turknett Springs Detention Basin Improvements Project, subject to receipt of signed contracts and proper bonds as requested by AED. Funding in the amount of $537,085.00 with $268,542.50 from Augusta Utilities and $268,542.50 from SPLOST IV Augusta Public Services for project construction. 2) Do not approve project Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: 507043410-5425110/8090040-5425110 AUD 324-041110- 6011110/201824021-6011110 APS Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Invitation To Re-Bid Sealed re-bids will be received at this office until 11:00 a.m., Friday, August 7, 2009 for furnishing: Re-Bid Item #09-125A Turknett Springs Detention Basin Improvements for Engineering Department Re-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 Digital Blue Print. The fees for the plans and specifications which are non-refundable is $50.00 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.digblueprint.com) at no charge through Digital Blue Print (706 821-0405) beginning Wednesday, July 22, 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 Tuesday, July 28, 2009 @ 10:00 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. No re-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 RE-BID number on the outside of the envelope. GERI A. SAMS, Procurement Director cc: Tameka Allen Interim Deputy Administrator Abie Ladson Engineering Hameed Malik Engineering Attachment number 2Page 1 of 1 Attachment number 5Page 1 of 2 Attachment number 5Page 2 of 2 BILL HEAD DS UTILITIES, INC 1644 HOLY TRINITY CHURCH ROAD LITTLE MOUNTAIN SC 29075 TONY AMMAR AMMAR CONSTSRUCTION PO BOX 1877 EVANS GA 30809 THOMAS SLADE MIDDLE GA ROAD BUILDING 155 CENTRAL DRIVE DUBLIN GA 31027 MCCLAM & ASSOCIATES ATTN SAMMY DOMINICK 1642 HOLY TRINITY CHURCH ROAD LITTLE MOUNTAIN SC 29075 L-J INC ATTN RANDALL MCCLAIN 603 PINE LOG ROAD BEECH ISLAND SC 29842 BNS/VIS ATTN PET FLEETWOOD 516 ROUNTREE ROAD CHARLOTTE NC 28217 JIMMY BLOUNT BLOUNTS COMPLETE HOME SRVC 2907C TOBACCO ROAD HEPHZIBAH GA 30815 PATRICK DILLARD BLAIR CONSTRUCTION PO BOX 770 EVANS GA 30809 BO DOUGLAS DREDGE AMERICA 9555 NW HIGHWAY N KANSAS CITY MO 64153 SCOTT STEPHENS BEAMS CONTRACTING 2335 ATOMIC ROAD BEECH ISLAND SC 29842 LARRY GOOLSBY MABUS BROS CONSTRUCTION 920 MOLLY POND ROAD AUGUSTA GA 30901 TIM NORTH GRANTO & GEARIG BROS. PO BOX 2684 EVANS GA 30809 DAVID CARTER CARTER DREDGING 3845 SAVANNAH HIGHWAY JESUP GA 31555 JERRY DAVIS HOLLAND PUMP 836 JONES SWAMP ROAD WALTERBORO SC 29488 TONY HIGHFIELD EAGLE UTILITY 1350 BRANCH ROAD BISHOP GA 30627 BOB BARKER HARRIS CONSTRUCTION 1736 BARTON CHAPEL ROAD AUGUSTA GA 30909 CHARLES LANCE PO BOX 398 BUTLER GA 31006 DAREN SCHATX ROWBOAT DOCK & DREDGE 858 WILLIAMSON ROAD MOORESVILLE NC 28117 ABIE LADSON ENGINEERING ADMIN. HAMEED MALIK ENGINEERING ADMIN. YVONNE GENTRY DBE HATCHER BUILDING DIGITAL BLUE PRINT ATTN: CHAD CARROLL 1281 BROAD STREET AUGUSTA GA 30901 Re-Bid 09-125A ADDENDUM 1 MAILED MON JUL 27 2009 Re-Bid 09-125A Turknett Springs Detention Basin Improvements Engineering Department Re-Bid Due: Fri. 8/7/09 @ 11:00 a.m. Attachment number 6Page 1 of 1 Attachment number 7Page 1 of 2 Attachment number 7Page 2 of 2 Commission Meeting Agenda 9/15/2009 2:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held on September 1, 2009. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 9/15/2009 2:00 PM TEE Center Department: Caption:Update from the TEE Center Subcommittee. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 9/15/2009 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