HomeMy WebLinkAbout2011-05-03-Meeting AgendaCommissionMeetingAgenda
CommissionChamber
5/3/2011
5:00PM
INVOCATION:
Rev.U.S.Barber,BeWholeReconciliationChurchI nternationalMinistry
PLEDGEOFALLEGIANCETOTHEFLAGOFTHEUNITEDSTAT ESOFAMERICA.
CONSENTAGENDA
(Items1-18)
PUBLICSERVICES
1.Motionto deny NewApplication:A.N.11-15:requestbyHenryH.
Kimforaretailpackage Beer&Wine licensetobeusedinconnection
with Quick& Easy Grocery located at 2537 Wheeler R d. District 1.
SuperDistrict9.(ApprovedbyPublicServicesCommitteeApril25,
2011)
Attachments
2.Motionto approvetherevocationoftheBusinessTaxCertificatefor
Ms.SukiParkLaszlo,d/b/a:BOBOSpa,2352Washing tonRoad,for
failure to comply with the massage parlor ordinance .(Approved by
PublicServicesCommitteeApril25,2011)
Attachments
PUBLICSAFETY
3.Motion to approveto awarda two (2) year contract continuation to
AT&T for local and long distance telephone service.The estimated
monthlycostis$34,448.67whichwillprovideanes timated$42,346.08
annual savings compared to our current rates.(Approved by Public
SafetyCommitteeApril25,2011)
Attachments
FINANCE
4.Motion to approvethe request from the Utilities Department-
Administration Division to purchase one forklift fo r their warehouse
locatedonWyldsRoad.(ApprovedbyFinanceCommitteeApril25,
2011)
Attachments
ENGINEERINGSERVICES
5.Motion to approveamendment for correction to the Soil Erosion,
SedimentationandPollutionControlOrdinanceanda doptthecorrected
Ordinance.(ApprovedbyEngineeringServicesCommitteeApril2 5,
2011)
Attachments
6.Motionto approveproposedconsentorderfromGeorgiaEPDinthe
amountof$45,402.(ApprovedbyEngineeringServicesCommittee
April25,2011)
Attachments
7.Motion to approvethe donation of TPN 183-0-111-00-0 (aka 1768
TamarindWay)containing10.80acrestotheCityof Augustaforits
GreenspaceProgramandTPN183-1-083-00-0(aka2002Pondcypress
Court)containing0.20acrestotheCityofAugusta tobecombinedwith
TPN183-0-075-00-0,whichiscurrentlyadetentionpondownedbythe
City of Augusta.The property being donated is curr ently in the
ownership of Jutco, Inc.(Approved by Engineering Services
CommitteeApril25,2011)
Attachments
8.Motiontoa pprove ChangeNumberOneandSupplementalAgreement
One(CPB#325-041120-209825201)intheamountof$33,111.00forthe
MarksChurchRoadReconstructionprojecttoW.R.T ooleEngineers,
Inc. Funding is available in the project account f or the Engineering
Department.(ApprovedbyEngineeringServicesCommitteeApril2 5,
2011)
Attachments
9.Motionto awardaplanning contractto PudarMitigationConsulting ,
Inc.intheamountof$28,297.00forthepreparatio nofanupdatetothe
Multi-Jurisdictional Hazard Mitigation Plan for the City of Augusta,
GeorgiaandthecitiesofHephzibahandBlythe(RFP #11-086)basedon
therecommendationoftheHazardMitigationPlanUp dateEvaluation
Committee.(Approved Engineering Services Committee April 25,
2011)
Attachments
10.Motion to approveanemergency award for a contract with Garnto
Southernforservicesassociatedwithconstruction oftheBrownStreet&
Holley Street Emergency Sewer Repair Project in the amount of
$192,223.36.(Approved by Engineering Services Committee April
25,2011)
Attachments
11.Motionto approveroadnamechangeofArubaPlacetoTrinidadWay.
(ApprovedbyEngineeringServicesCommitteeApril2 5,2011)
Attachments
12.Motionto approvethe purchaseoftwo(2)1000KVAtransformersfrom
GeorgiaPowerfortheTrade,ExhibitandEvent(TEE )Centerinthe
amount of $298,827.00.(Approved by Engineering Services
CommitteeApril25,2011)
Attachments
13.Motionto authorize/approveCPB#14andSupplementalAgreement
#13withPBS&J,Inc.intheamountof$144,582to revisetheProject
ConceptReport,redesign3,drainagestructuresto satisfytheCorpsof
Engineersfishpassagerequirements;andforadditi onalcoordinationof
rightofwayplansrevisionsassociatedwiththeon goingrightofway
negotiationsontheprojecttoimproveWrightsboro RoadfromJimmie
DyessParkwaytoI-520asrequestedbyAED.Fundingisavailablein
the project account for AED.(Approved by Engineering Services
CommitteeApril25,2011)
Attachments
14.Motionto approvehaving0.12acre(5,372.79.sq.ft.)ofright-of-way,
0.07acre(2889.13sq.ft.)ofpermanenteasement,and1,155.65sq.ft.of
temporaryconstructioneasementonTaxMap252,Par cel015,appraised
onYoungbloodLanesothatwecanproceedwithcond emnationand
pavetheroadonthePavingVariousRoads,PhaseIX ProjectCPB#324-
041110-208824001, as requested by Augusta Engineering
Department.FundsareavailableintheprojectRigh tofWayaccount.
(ApprovedbyEngineeringServicesCommitteeApril2 5,2011)
Attachments
PETITIONSANDCOMMUNICATIONS
15.Motion to approvethe minutes of the regular meeting of the
CommissionheldApril19,2011andSpecialCalled LegalMeetingheld
Attachments
April25,2011.
APPOINTMENT(S)
16.Motion to approvethe appointment of Scott Anderson to the Tree
Commission,DavidBarbeetotheHistoricPreservati onCommissionand
AmyLawsontotheLibraryBoardrepresentingDistri ct7.
Attachments
17.Motion to approve theappointmentofDr.Linda C. Lumpkintothe
ARCLibraryBoardrepresentingDistrict8.
Attachments
ATTORNEY
18.Motionto approveanordinancetoamendtheAugusta,GACodeTitle
OneArticleThreeSection1-2-36relatingtodutiesoftheAdministrator
ofAugusta,Georgia;torepealallcodesectionsan dordinancesandparts
of code sections and ordinances in conflict herewit h; to provide an
effective date and for other purposes .(Approved by Commission
April19,2011-secondreading)
Attachments
****ENDCONSENTAGENDA****
AUGUSTACOMMISSION
5/3/2011
AUGUSTACOMMISSION
REGULARAGENDA
5/3/2011
(Items19-25)
ADMINISTRATIVESERVICES
19.DiscusstheDeputyAdministrator'sdecisiontoover ridetheEEOreport
in the case of the firefighter Lt. William Dickerso n.(Requested by
CommissionerAlvinMason)
Attachments
20.Motionto approveanOrdinancetoAmendtheAugusta,GACodeTitle
OneChapterSevenArticleThreeSections1-7-34and 1-7-35Relatingto
Attachments
the Position Classification Plan; To Repeal All Cod e Sections and
Ordinances and Part of Code Sections and Ordinances in Conflict
Herewith;ToProvideanEffectiveDateandforOthe rPurposes.(No
recommendationfromtheAdministrativeServicesCom mitteeApril
25,2011)
APPOINTMENT(S)
21.Consider the recommendation of the Downtown Develop ment
AuthoritytoappointScylanceB.Scott,Jr.torepl aceCassandraBrinson
ontheDDA.
Attachments
ADMINISTRATOR
22.AnOrdinanceoftheBoardofCommissionersofAugus ta,Georgiato
AmendanActEntitled“AnActtoCreateaBoardofCommissionersfor
Roads and Revenues for the County of Richmond; To D efine their
PowersandDuties;andforOtherPurposes”,approvedAugust19,1907
(Ga.L.1907,p.324),asamendedbyanActapprove dAugust14,1931
(Ga.L.1931,p.555),asamendedbyanActapprove dMarch10,1964
(Ga.L.1964,p.2809),asamendedbyanActapprov edMarch10,1964
(Ga.L.1964,p.2810),asamendedbyanActapprov edMarch21,1970
(Ga.L.1970,p.3325),asamendedbyanActapprov edMarch21,1970
(Ga.L.1970,p.3327),asamendedbyanActapprov edMarch22,1974
(Ga.L.1974,p.3034),asamendedbyanActapprov edMarch21,1974
(Ga.L.1974,p.3562),asamendedbyanActapprov edApril17,1975
(Ga.L.1975,p.3857),HomeRuleOrdinanceapprove dDecember7and
21,1976(Ga.L.1977,p.4559),HomeRuleOrdinanc eapprovedMay1
and May 15, 1979 (Ga. L. 1980, p. 4590), as amended by an Act
approved March 14, 1984 (Ga. L. 1984, p. 4245), and Home Rule
OrdinanceapprovedFebruary19andMarch5,1991(G a.L.1992,p.
7048), relating to those provisions which survived consolidation; to
strikelanguagerequiringthat the Administratorha vean officeat the
Courthouse;toupdatethenameofthegovernment;t orepealallLocal
Laws, Charter Sections, Code Sections and Ordinance s and parts of
LocalLaws,CharterSections,CodeSectionsandOrd inancesinconflict
herewith;toprovideaneffectivedateandforothe rpurposes.
Attachments
23.MotiontoapprovetherecommendationoftheAdminis tratortoappoint
EvanJosephasRCCIWarden.
Attachments
UpcomingMeetings
www.augustaga.gov
ATTORNEY
24.Motion to approvean Ordinance to amend the Georgia Municipal
Employees Benefit System (GMEBS) definedbenefit pe nsionplan to
outline and adopt provisions of the plan and its be nefits during a
"ReductionInForce"andwaivethesecondreading.
Attachments
LEGALMEETING
A.PendingandPotentialLitigation.
B.RealEstate.
C.Personnel.
25.Motion to authorizeexecution by the Mayor of the affidavit of
compliancewithGeorgia'sOpenMeetingAct.
CommissionMeetingAgenda
5/3/20115:00PM
Invocation
Department:
Caption:Rev.U.S.Barber,BeWholeReconciliationChurchI nternational
Ministry
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 1
CommissionMeetingAgenda
5/3/20115:00PM
AlcoholApplication
Department:License&Inspections
Caption:Motionto deny NewApplication:A.N.11-15:requestbyHenry
H.Kimforaretailpackage Beer&Wine licensetobeusedin
connectionwithQuick&EasyGrocerylocatedat253 7Wheeler
Rd.District1.SuperDistrict9.(ApprovedbyPublicServices
CommitteeApril25,2011)
Background:ThisapplicantwasdeniedattheregularCommission Meetingon
July7,2009.Thelocationdidnotmeetthedistanc erequirementfor
publicrecreationfacilities.CodeSection6-2-64(b )(1)and(d)and
6-2-64(f).
Analysis:Theapplicantdoesnotmeettherequirementsofthe Augusta
RichmondCountyAlcoholOrdinance.
FinancialImpact:Thecostofthislicensewouldbe$1210.00.
Alternatives:
Recommendation:License&Inspectionsrecommendsdenial.TheRCSDr ecommends
denial.
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 2
Attachment number 1
Page 1 of 2
Item # 2
Attachment number 1
Page 2 of 2
Item # 2
CommissionMeetingAgenda
5/3/20115:00PM
BOBOSpa/RevocationofBusinessLicense
Department:License&Inspection
Caption:Motionto approvetherevocationoftheBusinessTaxCertificate
forMs.SukiParkLaszlo,d/b/a:BOBOSpa,2352Was hington
Road,forfailuretocomplywiththemassageparlor ordinance.
(ApprovedbyPublicServicesCommitteeApril25,20 11)
Background:Ms.SukiParkLaszlohasabusinesslicensetooper ateaskincare
productsbusinessat2352WashingtonRoad.TheSher iff’sOffice
Vice-Divisioncheckedonthebusinessandfoundtha tMs.Laszlo
wasoperatingamassageparlor.
Analysis:TheSheriff’sOfficereceivedcomplaintsaboutBOBO Spa
locatedat2352WashingtonRoad.OnApril1,2011,theVice
DivisioncheckedonthebusinessandfoundthatMs.SukiPark
Laszlowasoperatingamassageparlorandemployees werealso
foundtobeperformingactsofprostitution.TheSh eriff’sOfficeis
requestingthattheCommissionrevokethebusiness license…The
businesslicenseforBOBOSPAhasbeensuspendedfo rthirty
daysoruntilsuchtimethatapublichearingishe ldbeforethe
AugustaCommissiontodiscussthefuturestatusof thelicense.
FinancialImpact:N/A
Alternatives:N/A
Recommendation:RevoketheBusinessLicense.
FundsareAvailable
intheFollowing
Accounts:
N/A
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 3
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 3
Page 1 of 1
Item # 3
CommissionMeetingAgenda
5/3/20115:00PM
Lt.Dickerson
Department:
Caption:DiscusstheDeputyAdministrator'sdecisiontoover ridetheEEO
reportinthecaseofthefirefighterLt.WilliamD ickerson.
(RequestedbyCommissionerAlvinMason)
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 4
CommissionMeetingAgenda
5/3/20115:00PM
MotiontoApproveAmendmentstoAugusta,GACodeSe ctions1-7-34and1-7-35
Department:Administrator
Caption:Motionto approveanOrdinancetoAmendtheAugusta,GACode
TitleOneChapterSevenArticleThreeSections1-7-34and1-7-35
RelatingtothePositionClassificationPlan;ToRe pealAllCode
SectionsandOrdinancesandPartofCodeSectionsa ndOrdinances
inConflictHerewith;ToProvideanEffectiveDate andforOther
Purposes.(NorecommendationfromtheAdministrative
ServicesCommitteeApril25,2011)
Background:OnMarch1,2011,TheAugusta,GeorgiaCommissiona pproved
revisionstothePersonnelPolicyandProceduresMa nualandtothe
PersonnelBoardspowerandduties.TheseCodeamen dmentsare
consistentwiththepreviousactionsoftheCommiss ion.
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 5
ORDINANCE NO. ___________
An Ordinance to Amend the Augusta, GA Code Title One Chapter Seven
Article Three Sections 1-7-34 and 1-7-35 Relating to the Position
Classification Plan; To Repeal All Code Sections and Ordinances and Part of
Code Sections and Ordinances in Conflict Herewith; To Provide an Effective
Date and for Other Purposes.
WHEREAS, on March 1, 2011, the Augusta Georgia Commission approved
revisions to the Augusta, Georgia Personnel Policy and Procedures Manual; and
WHEREAS, on March 1, 2011, the Augusta, Georgia Commission approved
revisions to the purpose, duties, and powers of the Personnel Board as found in
Augusta, GA Code Section 1-7-15; and
WHEREAS, Augusta, Georgia desires to update and amend the Code as related to
the duties of the Administrator and the Personnel Board to be consistent with the
revisions to the Augusta, Georgia Personnel Policy and Procedures Manual and the
revised Augusta, GA Code Section 1-7-15;
THE AUGUSTA, GEORGIA COMMISSION, ordains as follows:
SECTION 1. AUGUSTA, GA. CODE Sections 1-7-34 and 1-7-35 as set forth in the
Augusta, Ga. Code, re-adopted July 10, 2007, is hereby amended by striking these
sections in their entirety DVVHWIRUWKLQ³([KLELW$´KHUHWRand inserting in lieu
thereof new Code Sections 1-7-34 and 1-7-35, restated as set forth in ³([KLELW%´
hereto.
SECTION 2. This ordinance shall become effective upon its adoption in
accordance with applicable laws.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Adopted this _____ day of , 2011.
___________________________
David S. Copenhaver
As its Mayor
Attest:
Attachment number 1
Page 1 of 5
Item # 5
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1
Page 2 of 5
Item # 5
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that
the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission
on_________________, 2011 and that such Ordinance has not been modified or
rescinded as of the date hereof and the undersigned further certifies that attached
hereto is a true copy of the Ordinance which was approved and adopted in the
foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
First Reading ______________________
Second Reading ______________________
Attachment number 1
Page 3 of 5
Item # 5
Exhibit A
Sec. 1-7-34. Administration and maintenance; reallocation, reclassification of
positions.
(a) The director of human resources shall be responsible for the administration
and maintenance of the position classification plan.
(b) Department heads shall be responsible for bringing to the attention of the
director of human resources any material change in the nature of the duties,
responsibilities, working conditions and other factors affecting the
classification of any position. Following the receipt of such information
concerning any position, the director of human resources shall then restudy
the position to determine if the classification of the position should be
changed. Authority to reallocate positions to classes on the basis of kind and
level of duties and responsibilities is vested in the personnel board subject to
the approval of the Augusta-Richmond County Commission. The Director
of human resources shall report any recommended reclassifications from the
personnel board to the Augusta-Richmond County Commission for their
approval. Copies of the reclassification plan, as amended, will be furnished
to the members of the Augusta-Richmond County Commission, to the
personnel board, to the department heads, and shall be on file in the office of
the Director of Human Resources.
Sec. 1-7-35. Establishment, classification of new positions.
The Commission has the authority to determine the need for new positions, and to
create and establish any needed position. The Commission has the responsibility
to review budget requirements based on their initiative or that of department heads.
The Director of human resources shall, before filling any new position not
excluded by the Commission under the coverage of this plan, prepare a job
description, determine the recommended salary grade thereof, and report same to
the personnel board, which shall allocate new positions to the existing classes or to
new classes or positions in Augusta-5LFKPRQG&RXQW\¶VVHUYLFHVXEMHFWWRWKH
approval of the Commission. The Director of human resources shall report the
recommended allocation of the new positions, recommended by the personnel
board to the Commission for their approval.
Attachment number 1
Page 4 of 5
Item # 5
Exhibit B
Sec. 1-7-34. Administration and maintenance; reallocation, reclassification of
positions.
(a) The Director of Human Resources shall be responsible for the
administration and maintenance of the position classification plan.
(b) Department heads shall be responsible for bringing to the attention of the
Director of Human Resources any material change in the nature of the
duties, responsibilities, working conditions and other factors affecting the
classification of any position. Following the receipt of such information
concerning any position, the Director of Human Resources shall then
restudy the position to determine if the classification of the position
should be changed. Authority to reallocate positions to classes on the
basis of kind and level of duties and responsibilities is vested in the
Administrator. The Director of Human Resources shall report any
recommended reclassifications to the Administrator for his/her approval.
Copies of the reclassification plan, as amended, will be furnished to the
members of the Augusta, Georgia Commission, to the department heads,
and shall be on file in the Human Resources office.
Sec. 1-7-35. Establishment, classification of new positions.
The Administrator has the authority to determine the need for new positions, and to
create and establish any needed position. The Administrator has the responsibility
to review budget requirements based on his/her initiative or that of department
heads. The Director of Human Resources shall, before filling any new position not
excluded by the Commission under the coverage of this plan, prepare a job
description, determine the recommended salary grade thereof, and report same to
the Administrator, who shall allocate new positions to the existing classes or to
new classes or positions in Augusta*HRUJLD¶V service. The Director of Human
Resources shall report the recommended allocation of the new positions to the
Administrator for his/her approval. Copies of the reclassification plan, as amended
by the new position(s), will be furnished to the members of the Augusta, Georgia
Commission, to the department heads, and shall be on file in the Human Resources
office.
Attachment number 1
Page 5 of 5
Item # 5
CommissionMeetingAgenda
5/3/20115:00PM
AwardAT&TLocalandLongDistanceService
Department:InformationTechnology
Caption:Motionto approvetoawardatwo(2)yearcontractcontinuationto
AT&Tforlocalandlongdistancetelephoneservice.Theestimated
monthlycostis$34,448.67whichwillprovideanes timated
$42,346.08annualsavingscomparedtoourcurrentr ates.(Approved
byPublicSafetyCommitteeApril25,2011)
Background:AT&TisAugusta’scurrentproviderforlocalandlo ngdistance
services.AT&Thasprovidedtheseservicesinarel iablecost
effectivemanner.AT&Thasbeenprovidingtheseser vicestothe
CityofAugustasince2003.AT&Thassatisfactorily metthe
obligationsoftheircontractandarethepreferred vendoratthelowest
cost.
Analysis:Fundsareapprovedandavailableineachdepartment soperating
budget.
FinancialImpact:Estimatedannualcostis$413,384.04
Alternatives:Nonethatmeetsthecity’srequirementsatthistim e.
Recommendation:Approveawardingthelocalandlongdistancecontra cttoAT&T.
FundsareAvailable
intheFollowing
Accounts:
FundsareapprovedandavailableinAugusta's2011 operating
budget.
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 6
msa_ua_ver_i.doc MSA UA VER I 07/14/2008
AT&T and Customer Confidential Information
Page 1 of 3
eCRM ID ______________
AT&T MA Reference No. ABNCMT-720546UA
AGREEMENT
Customer AT&T
Augusta-Richmond County
Street Address: 530 Greene ST Ste. 801
City: Augusta State/Province: GA
Zip Code: 30911 Country:
AT&T Corp.
or enter the International Affiliate Name
Customer Contact (for notices) AT&T Contact (for notices)
Name: Kevin Luce
Title: Infrastructure Supervisor
Street Address: 530 Greene ST Ste. 801
City: Augusta State/Province: GA
Zip Code: 30911 Country:
Telephone: 706 821 1603
Fax:
Email: Luce@augustaga.gov
Street Address:
City: State/Province:
Zip Code: Country:
With a copy to:
AT&T Corp.
One AT&T Way
Bedminster, NJ 07921-0752
ATTN: Master Agreement Support Team
Email: mast@att.com
Customer (by its authorized representative) AT&T (by its authorized representative)
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
This Agreement between the customer named above (“Customer”)
and AT&T Corp. (“AT&T”), is effective when signed by both
parties, and continues as long as Services are provided under this
Agreement.
The terms and conditions of the services and equipment that AT&T
provides to Customer under this Agreement (“Services”) are found
in this document and the following additional documents: (i)Tariffs,
Guidebooks and Service Guides found at att.com/service
publications; (ii) Pricing Schedules or other attachments now or
later attached to this Agreement; and (iii) the Acceptable Use
Policy (“AUP”) found at att.com/aup. AT&T may revise Tariffs,
Guidebooks, Service Guides, or the AUP (collectively “Service
Publications”) at any time, and may direct Customer to websites
other than listed above. The order of priority of the documents that
form this Agreement is: Pricing Schedules; this Agreement; the
AUP; and Tariffs, Guidebooks and Service Guides; provided that,
Tariffs will be first in priority in any jurisdiction where existing law or
regulation does not permit contract terms to take precedence over
inconsistent tariff terms.
An AT&T Affiliate or Customer Affiliate may sign a Pricing
Schedule referencing this Agreement in its own name and such
Affiliate contract will be a separate but associated contract
incorporating the terms of this Agreement. Customer and AT&T
will have their respective Affiliates comply with this Agreement. An
“Affiliate” of a party is an entity that controls, is controlled by, or is
under common control with such party.
Services: AT&T will either provide or arrange to have its Affiliate
provide Services to Customer under this Agreement, subject to
availability and operational limitations of systems, facilities and
equipment. Where required, an AT&T Affiliate authorized by
the appropriate regulatory authority will be the service provider.
Customer may not resell the Services to third parties (excluding
Customer’s Affiliates) without AT&T’s written consent.
Customer will cause Users (anyone who uses or accesses any
Service provided to Customer) to comply with this Agreement,
and Customer is responsible for their use of any Services,
unless expressly provided to the contrary in a Service
Publication. If a Service is provided over or accesses the
Internet, Customer, its Affiliates, and Users will comply with the
AUP.
Customer will in a timely manner allow AT&T to access, or at
Customer’s expense obtain timely access for AT&T to, property
(other than public property) and equipment reasonably required
to provide the Services. Access includes information and the
right to construct, install, repair, maintain, replace and remove
access lines and network facilities, and use ancillary equipment
space within the building, necessary for Customer’s connection
to AT&T’s network. Customer will furnish any conduit, holes,
wireways, wiring, plans, equipment, space, power/utilities, and
other items required to perform installation of the Services, and
obtain any necessary licenses, permits and consents (including
easements and rights-of-way).
Customer will ensure that the location at which AT&T installs,
maintains or provides Services is a suitable and safe working
environment, free of any substance or material that poses an
unreasonable risk to health, safety, or property or whose use,
transport, storage, handling, disposal, or release is regulated by
any law related to pollution, protection of air, water, or soil, or
health and safety. If AT&T encounters any such hazardous
Attachment number 1
Page 1 of 3
Item # 6
msa_ua_ver_i.doc MSA UA VER I 07/14/2008
AT&T and Customer Confidential Information
Page 2 of 3
eCRM ID ______________
materials at a Customer location, AT&T may terminate the affected
Service, or suspend performance until Customer removes the
hazardous materials.
AT&T Equipment: Services may include use of certain equipment
owned by AT&T that is located at the address in a Pricing
Schedule (“AT&T Equipment”), but title to the AT&T Equipment will
remain with AT&T. Customer must provide electric power for the
AT&T Equipment and keep the AT&T Equipment physically secure
and free from liens and encumbrances. Customer will bear the
risk of loss or damage (other than ordinary wear and tear) to AT&T
Equipment.
Prices, Pricing Schedule Term, and Taxes: Unless a Pricing
Schedule states otherwise, the prices listed in a Pricing Schedule
are stabilized until the end of the Pricing Schedule Term. No
promotion, credit or waiver set forth in a Service Publication will
apply unless the Pricing Schedule states otherwise. At the end of
a Pricing Schedule Term, Customer will have the option to either:
(a) cease using the Service (which will require Customer to take all
steps required by AT&T to terminate the Service); or (b) continue
using the Service under a month-to-month service arrangement.
Unless a Pricing Schedule states otherwise, during any month-to-
month service arrangement, the prices, terms and conditions in
effect on the last day of the Pricing Schedule Term will continue
until changed by AT&T on 30 days’ prior notice to Customer.
Prices in the Pricing Schedules are exclusive of, and Customer will
pay, all current or future taxes, regulatory surcharges, recovery
fees, shipping charges, and other similar charges specified or
allowed by any governmental entity relating to the sale, use or
provision of the Services.
Billing, Payments, Deposits and MARC: Payment is due 30 days
after the invoice date (unless another date is specified in an
applicable Tariff or Guidebook) and must refer to the invoice
number. Restrictive endorsements or other statements on checks
are void. If Customer does not dispute a charge in writing within 6
months after the invoice date, Customer waives the right to dispute
the charge (except to the extent applicable law or regulation
requires otherwise). AT&T may charge a late fee for overdue
payments: (i) for Services contained in a Tariff or Guidebook, at
the rate specified therein; or (ii) for all other Services, at the lower
of 1.5% per month (18% per annum) or the maximum rate allowed
by law; plus (iii) all costs (including attorney fees) of collecting
delinquent or dishonored payments. AT&T may require Customer
to establish a deposit as a condition of providing Services.
Customer authorizes AT&T to investigate Customer’s credit and
share information about Customer with credit reporting agencies.
If the Pricing Schedule includes a MARC, and Customer’s annual
MARC-Eligible charges (after deducting discounts and credits
(other than outage or SLA credits) are less than the MARC in any
period, Customer will be billed for the shortfall, and payment will be
due 30 days after the invoice date.
Termination and Suspension: Either party may terminate this
Agreement immediately upon notice if the other party becomes
insolvent, ceases operations, is the subject of a bankruptcy
petition, or makes an assignment for the benefit of its creditors.
AT&T may terminate or suspend a Service, and if the activity
implicates the entire Agreement, terminate the entire Agreement,
immediately upon notice if Customer: (i) commits a fraud upon
AT&T; (ii) utilizes the Service to commit a fraud upon another
party; (iii) unlawfully uses the Service; (iv) abuses or misuses
AT&T’s network or Service; or (v) interferes with another
customer’s use of AT&T’s network or services. Customer may
terminate an affected Service for material breach by AT&T, and
AT&T may terminate or suspend (and later terminate) an affected
Service for material breach by Customer, if such breach is not
cured within 30 days of notice. If Customer fails to rectify a
violation of the AUP within 5 days after receiving notice from
AT&T, then AT&T may suspend or terminate the affected Service.
AT&T has the right, however, to suspend or terminate the
applicable portion of the Service immediately when: (i) AT&T’s
suspension or termination is in response to multiple or repeated
AUP violations or complaints; (ii) AT&T is acting in response to
a court order or governmental notice that certain conduct must
be stopped; or (iii) AT&T reasonably determines: (a) that it may
be exposed to sanctions, liability, prosecution, or other adverse
consequences under applicable law if AT&T were to allow the
violation to continue; (b) that such violation may cause harm to
or interfere with the integrity or normal operations or security of
AT&T’s network or networks with which AT&T is interconnected
or interfere with another customer’s use of AT&T Services or
the Internet; or (c) that such violation otherwise presents
imminent risk of harm to AT&T or AT&T’s customers or their
respective employees.
Notwithstanding that a Pricing Schedule may commit AT&T to
provide a Service to Customer for a Pricing Schedule Term,
and unless applicable local law or regulation mandates
otherwise, AT&T may discontinue providing a Service upon 12
months’ notice, or a Service Component upon 120 days’ notice,
but only where AT&T generally withdraws the Service or
Service Component for similarly–situated customers.
If Customer terminates a Service prior to the date Customer‘s
obligation to pay for Services begins, Customer will reimburse
AT&T for time and materials, including any third party charges,
incurred prior to the effective date of termination. Thereafter, if
Customer terminates a Service for Customer’s convenience, or
AT&T terminates a Service for any of the reasons specified in
the first paragraph of this Section, Customer must pay all
applicable termination charges: (i) if termination occurs before
the end of the Minimum Payment Period (the minimum period
specified in Pricing Schedules for which Customer is required
to pay recurring charges for the Service), Customer must pay
50% (unless a different percentage is specified in the Pricing
Schedule) of the monthly recurring charges for the terminated
Service multiplied by the months remaining in the Minimum
Payment Period, plus any waived or unpaid non-recurring
charges identified in the Pricing Schedule (including, but not
limited to, any charges related to a failure to satisfy a Minimum
Retention Period), plus any third-party charges incurred by
AT&T due to the termination, all of which will be, if applicable,
applied to Customer’s MARC-Eligible Charges; and (ii) if
Customer terminates a Pricing Schedule that has a MARC,
Customer must pay an amount equal to 50% of the unsatisfied
MARC for the balance of the Pricing Schedule Term, after
applying amounts received pursuant to (i). The termination
charge set forth in (i) above will not apply if a terminated
Service is replaced with an upgraded Service at the same
location, but only if (a) the Minimum Payment Period and
associated charge for the replacement Service are equal to or
greater than the Minimum Payment Period and associated
charge for the terminated Service, and (b) the upgrade is not
restricted in the Service Publication. In addition, Customer may
terminate a Service without incurring termination charges if (a)
AT&T revises a Service Publication and the revision has a
materially adverse impact upon Customer; (b) Customer gives
30 days’ notice of termination to AT&T within 90 days of the
date of the revision; and (c) AT&T does not remedy the
materially adverse impact prior to the effective date of
termination. “Materially adverse impacts” do not include
changes to non-stabilized rates, changes required by
governmental authority, or changes in additional charges such
as surcharges or taxes.
Disclaimer of Warranties and Liability: AT&T MAKES NO
EXPRESS OR IMPLIED WARRANTY AND DISCLAIMS ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR
THOSE ARISING FROM USAGE OF TRADE OR COURSE OF
Attachment number 1
Page 2 of 3
Item # 6
msa_ua_ver_i.doc MSA UA VER I 07/14/2008
AT&T and Customer Confidential Information
Page 3 of 3
eCRM ID ______________
DEALING. FURTHER, AT&T MAKES NO WARRANTY THAT
TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE
ROUTED OR COMPLETED WITHOUT ERROR OR
INTERRUPTION (INCLUDING 911 CALLS), OR WARRANTY
REGARDING NETWORK SECURITY, THE ENCRYPTION
EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA
THAT IS SENT, BACKED UP, STORED OR LOAD BALANCED,
THAT AT&T’S SECURITY PROCEDURES WILL PREVENT THE
LOSS OR ALTERATION OF OR IMPROPER ACCESS TO
CUSTOMER’S DATA, OR THAT SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE. AT&T WILL NOT BE
LIABLE FOR ANY DAMAGES RELATING TO:
INTEROPERABILITY, ACCESS TO OR INTERCONNECTION OF
THE SERVICES WITH APPLICATIONS, EQUIPMENT,
SERVICES, CONTENT OR NETWORKS PROVIDED BY
CUSTOMER OR OTHERS; SERVICE DEFECTS, SERVICE
LEVELS, DELAYS OR INTERRUPTIONS (EXCEPT FOR
LIABILITY FOR SUCH EXPLICITLY SET FORTH HEREIN); ANY
INTERRUPTION OR ERROR IN ROUTING OR COMPLETING
CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS);
LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED
ACCESS TO OR THEFT, ALTERATION, LOSS, OR
DESTRUCTION OF CUSTOMER’S OR OTHERS’
APPLICATIONS, CONTENT, DATA, NETWORK OR SYSTEMS.
Limitation of Liability: AT&T’S ENTIRE LIABILITY, AND
CUSTOMER’S EXCLUSIVE REMEDY, FOR DAMAGES ARISING
OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS,
ERRORS OR DEFECTS IN THE SERVICES, AND NOT CAUSED
BY CUSTOMER’S NEGLIGENCE, SHALL IN NO EVENT
EXCEED THE APPLICABLE CREDITS SPECIFIED IN THE
SERVICE PUBLICATION, OR IF NO CREDITS ARE SPECIFIED,
AN AMOUNT EQUIVALENT TO THE PROPORTIONATE
CHARGE TO CUSTOMER FOR THE PERIOD OF SERVICE
DURING WHICH SUCH MISTAKE, OMISSION, INTERRUPTION,
DELAY, ERROR OR DEFECT IN THE SERVICES OCCURS AND
CONTINUES. IN NO EVENT SHALL ANY OTHER LIABILITY
ATTACH TO AT&T. THIS LIMITATION WILL NOT APPLY TO: (I)
BODILY INJURY, DEATH, OR DAMAGE TO REAL OR
TANGIBLE PROPERTY DIRECTLY CAUSED BY AT&T’S
NEGLIGENCE; OR (II) SETTLEMENT, DEFENSE OR PAYMENT
OBLIGATIONS UNDER THE “THIRD PARTY CLAIMS”
PARAGRAPH.
NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY
UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL
DAMAGES.
These disclaimers and limitations of liability will apply regardless of
the form of action, whether in contract, tort, strict liability or
otherwise and whether damages were foreseeable. These
disclaimers and limitations of liability will survive failure of any
exclusive remedies provided in this Agreement.
Third Party Claims: AT&T agrees at its expense to defend or settle
any claim against Customer, its Affiliates, and its and their
employees and directors, and to pay all compensatory damages
finally awarded against such parties where the claim alleges that a
Service infringes any patent, trademark, copyright, or trade secret,
except where the claim arises out of: (i) Customer’s or a User’s
content; (ii) modifications to the Service by Customer or third
parties, or combinations of the Service with any services or
products not provided by AT&T; (iii) AT&T’s adherence to
Customer’s written requirements; or (iv) use of the Service in
violation of this Agreement. AT&T may at its option either procure
the right for Customer to continue using, or may replace or modify,
the alleged infringing Service so that the Service becomes non-
infringing, or failing that to terminate the Service without further
liability to Customer.
Customer agrees at its expense to defend or settle any claim
against AT&T, its Affiliates, and its and their employees, directors,
subcontractors, and suppliers, and to pay all compensatory
damages finally awarded against such parties where: (i) the
claim alleges that a Service infringes any patent, trademark,
copyright or trade secret, and falls within the exceptions under
(i)–(iv) above; or (ii) the claim alleges a breach by Customer, its
Affiliates, or Users of a software license agreement governing
software provided with the Services.
Import/Export Control: Customer, not AT&T, is responsible for
complying with import and export control laws, conventions and
regulations for all equipment, software, or technical information
Customer moves or transmits between countries using the
Services.
ARBITRATION: ALL CLAIMS OR DISPUTES ARISING FROM
THIS AGREEMENT SHALL BE SETTLED BY BINDING
ARBITRATION ADMINISTERED BY THE AMERICAN
ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL
ARBITRATION RULES (SUBJECT TO THE REQUIREMENTS
OF THE FEDERAL ARBITRATION ACT) AND ANY
JUDGMENT ON ANY AWARD RENDERED MAY BE
ENTERED AND ENFORCED IN ANY COURT HAVING
JURISDICTION. THE PARTIES WAIVE ANY RIGHT TO
TRIAL BY JURY OR TO PARTICIPATE IN OR INITIATE
CLASS ACTIONS; IF THE PARTIES CANNOT WAIVE THESE
RIGHTS, THIS ENTIRE SECTION IS NULL AND VOID.
General Provisions: This Agreement and any pricing or other
proposals are confidential to Customer and AT&T. Neither
party may publicly disclose any confidential information without
the prior written consent of the other, unless authorized by
applicable law, regulation or court order. Until directed
otherwise by Customer in writing, if AT&T designates a
dedicated account representative as Customer’s primary
contact with AT&T, Customer authorizes that representative to
discuss and disclose Customer’s customer proprietary network
information to any employee or agent of Customer without a
need for further authentication or authorization. This
Agreement may not be assigned by either party without the
prior written consent of the other party, which consent will not
be unreasonably withheld or delayed. AT&T may: (i) assign in
whole or relevant part its rights and obligations under this
Agreement to an Affiliate, or (ii) subcontract work to be
performed under this Agreement, but AT&T will in each such
case remain financially responsible for the performance of such
obligations. Any claim or dispute arising out of this Agreement
must be filed within two years after the cause of action arises.
This Agreement does not provide any third party (including
Users) any remedy, claim, liability, cause of action or other right
or privilege. Regulated Services will be governed by the law
and regulations applied by the regulatory commission having
jurisdiction over the Services. Otherwise, this Agreement will
be governed by the law and regulations of the State set forth
above for Customer’s address, without regard to its conflict of
law principles. This Agreement is limited to Services to be
provided in the United States. The United Nations Convention
on Contracts for International Sale of Goods will not apply.
Except for payment of amounts due, neither party will be liable
for any delay, failure in performance, loss or damage due to
causes beyond such party’s reasonable control. Any notice
required or permitted under this Agreement must be in writing
and addressed to the parties at the address set forth above.
This Agreement constitutes the entire agreement between the
parties concerning the Services provided under this Agreement
and supersedes all other written or oral agreements. This
Agreement will not be modified or supplemented by any written
or oral statements, proposals, service descriptions, or purchase
order forms.
Attachment number 1
Page 3 of 3
Item # 6
Page 1 of 1
AT&T Business etwork
Customer Expectation Document (CED)
Thank you for choosing AT&T! We strive to delight our customers by delivering the ultimate integrated communication experience. We
look forward to partnering with you so that together we can ensure a successful installation.
How We, AT&T, Will Support You:
Ensure that the service orders within the scope of your AB project are submitted and provide estimate d due dates. As order
processing progresses, provide service delivery due dates. Service delivery due dates may have shorter or longer intervals based on
actual network capacity, facility availability or service components required to fulfill your order.
ote: Service specific orders cannot be placed until the billing structure has been established.
The Order Specialists will contact you approximately 5 business days prior to installation to confirm arrangements.
The Billing Architect will meet with you or a designated representative to conduct a Bill Review to ensure that all services have
been implemented and that you understand your AT&T ABN billing structure. Additionally, the Billing Architect will conduct follow-up
bill reviews until all ordered services appear on the bill statement. *
Once implementation is complete, Lifecycle Management of your company will be transitioned back to appropriate AT&T personnel.
*In order to ensure quality with provisioning and the implementation of orders, AT&T Service Guides provide a 90 day interval to fully implement the
contract, beginning with the first day of the customer’s first full bill cycle.
What AT&T eeds From You, Our Customer:
Participation with the AB Project Owner to discuss your AB account structure. You should be prepared to provide a detailed
list of services to be converted from another provider, including:
Telephone lines, with associated Billed Telephone Number, 3-digit Customer Code suffix, and service addresses (from your local
carrier bills).
If any lines use another Primary Inter-exchange Carrier (PIC), you will need to authorize AT&T to change PICs on such lines. If a
PIC Freeze exists on any of your lines, you will need to contact the Local Exchange Carrier yourself to convert the lines to AT&T.
ote: For migrations/conversions, the Project Owner will discuss your existing AT&T structure and the implementation to ABN.
Assurance that your premise equipment vendors can give AT&T all technical data required to support the application (signaling,
framing format, line coding, feature requirements, etc.).
(Deleted bullet stating Baseline/Coordinated services must be re-provisioned to Total Service.)
Please let your vendor know that AT&T may contact them for service details.
Assurance that equipment vendors are prepared to test the service on the scheduled due date. Please contact your ABN Project
Owner as soon as possible if you will not be ready.
ote: Due Date Change and/or Cancellation Charges may apply if you elect to delay or cancel your order. Customers are required to
accept service within 15 days of a confirmed Due Date and up through the 30th day to schedule the cutover. Orders are subject to
cancellation after the 30th day. Please refer to the appropriate AT&T tariffs or successor Service Guide for additional terms and
conditions governing your service.
Are your business locations exempt from any taxes /surcharges, or located outside of the city limits? If yes, advise the Billing
Architect and state the nature of your exemption. Provide supporting documentation.
Participation with the ABN Billing Architect to define your account structure and Order Specialist(s) to complete data gathering.
How You, Our Customer, Can Ensure a Timely Installation:
By providing timely receipt of accurate information that directly impacts the due date of your service installation. Delays by you or
your equipment vendor will delay the installation of your new service.
By not changing your service request once your order has been placed. AT&T will make reasonable efforts to accommodate requests
for changes to an order after it has been submitted. If the requested change necessitates a change in the Due Date, a charge may be
assessed by AT&T.
By contacting your AB Project Owner as soon as pos sible to negotiate a new date if for any reason you are unable to meet the
scheduled due date.
Attachment number 2
Page 1 of 2
Item # 6
Page 2 of 2
For All Service Migration/Conversion Projects:
Ordering activities cannot begin for any service migration/conversion until all pending orders are completed.
No new orders should be placed for any location that is migrating/converting to ABN.
For Oneet/VTS to AB Conversion Projects:
OneNet/VTNS services will be converted as is. The Order Specialists will coordinate the conversion to minimize any service outages.
The estimated downtime for the T1.5’s and associated channels and services is approximately 1.5 hours per T1.5 per Location.
Any Changes that affect the current inventories, i.e. any new additional service/ changes, etc will be handled by your Account Team
after the ABN Account has been established.
Oneet/VTS conversions require 120-130 day interva l to complete the conversion (from Project Acceptance to Final Bill
Review).
Confirmation of your requested service. After data gathering completion, the Project Owner will provide you a complete
Customer Confirmation Document (CCD), which contains your requested service information. The Project Owner will quote an
implementation interval (due dates) based on your project scope. Please review, sign and return (fax) the CCD. AT&T cannot place
service orders until the CCD is signed and returned.
ote : Please let your vendor know that AT&T may contact them for service details if needed.
I acknowledge the partnering required between _____________________________________and AT&T for a successful implementation.
Company ame
____________________________________ ___________________________ _______________________________________ _______________________
Customer ame Title Customer Signature Date
Attachment number 2
Page 2 of 2
Item # 6
Letter of Authorization
Customer Name:
Augusta-Richmond County
AT&T Customer Account #:
Customer Full Address & Zip:
530 Greene St. Ste. 801
Augusta, GA 30911
AT&T Full Address & Zip: Customer Contact: Kevin Luce
Tel. #: 706 821 1603
AT&T Contact: Michelle Fields
Tel. #: 912-644-6900
Email ID: sf2028@att.com
Master Customer No.: AE PID:
1. I appoint AT&T as my agent to handle all arrangements with the Local Exchange Company(s) (LEC) for establishing or changing AT&T Long
Distance Service, ‘Local Toll’ Service, Local Service and International Service. AT&T may, upon Customer’s express authorization in each instance, offer
such service for all telephone lines associated with the main Billed Telephone Number(s) (BTNs) listed below or in the attachment, and to issue
instructions to and to otherwise deal with the LEC regarding the BTNs.
2. It is understood that: Only one carrier may be designated for Long Distance Service on any individual telephone number, Only one carrier may
be designated for ‘Local Toll’ Service on any individual telephone number, Only one carrier may be designated for Local Service on any individual
telephone number, Only one carrier may be designated for International Service on any individual telephone number.
3. IT IS FURTHER UNDERSTOOD THAT DURING THE INITIAL PRESUBSCRIPTION PERIOD FOR ‘LOCAL TOLL’ SERVICE, AS DEFINED BY
THE STATE GOVERNING BODY, THE PIC CHANGE CHARGE MAY BE WAIVED FOR AN INITIAL TIME PERIOD. HOWEVER, IT IS
ACKNOWLEDGED THAT A CHARGE PER LINE MAY BE APPLIED BY THE LOCAL TELEPHONE COMPANY FOR SUBSEQUENT CHANGES
4. THIS APPOINTMENT IS FOR:
LONG DISTANCE (INTERLATA) SERVICE X YES NO
LOCAL TOLL (INTRALATA) SERVICE
X YES NO
LOCAL SERVICE
YES NO
CELLULAR YES NO
INTERNATIONAL SERVICE
(HAWAII ONLY)
YES NO
5. THIS APPOINTMENT IS
APPLICABLE TO THE
FOLLOWING LOCATIONS
Blanket LOA
(For all locations in the United States; AT&T will maintain a list
of such locations, Billed Telephone Numbers and Working
Telephone Numbers as attached)
X YES NO
(CHOOSE ONE) Location Specific LOA
(Specify applicable locations and the Billed Telephone
Numbers and Working Telephone Numbers as attached)
YES NO
6. This Appointment revokes any prior appointments for the services involved here and may be revoked at any time and shall continue in force
unless and until revoked by the customer. Signatory for each party attests that he or she is authorized to execute this letter of authorization on
behalf of the company
ORDERED BY CUSTOMER:
ACCEPTED BY AT&T:
7. Signature:
11. Signature
8. Printed Name:
12. Printed Name:
9. Title:
13. Title:
10. Date:
14. Date:
Attachment number 3
Page 1 of 2
Item # 6
Letter of Authorization
List of Locations
Location Addresses List all Location BTN’s and WTN’s
See Attached MIS file
Attachment number 3
Page 2 of 2
Item # 6
Contract ID: 1604511
ATTUID: LC4267
AT&T and Customer Confidential Information
Page 1 of 7
Updated: 01/2008
AT&T MA Reference No.
ABNCMT-720546UA
AT&T BUSINESS NETWORK SERVICE
Pricing Schedule and Attachment A
Customer AT&T AT&T Sales Contact Name
Primary Contact
Augusta-Richmond County
Street Address 530 Greene ST Ste. 801
City Augusta
State / Province GA
Zip Code 30911
Country
AT&T Corp.
or enter the International Affiliate Name
Name Michelle Fields
Street Address Contract Management
225 W. Randolph St.
City Chicago
State / Province IL
Zip Code 60606
Country
Telephone
Fax C
Email sf2028@att.com
Sales/Branch Manager Jeannie Gustafson
SCVP Name:
Sales Strata:
Sales Region:
Customer Contact (for notices) AT&T Contact (for notices) AT&T Solution Provider or
Representative Information (if
applicable)
Name Kevin Luce
Title Infrastructure Supervisor
Street Address 530 Greene ST Ste. 801
City Augusta
State / Province GA
Zip Code: 30911
Country
Telephone 706 821 1603
Fax
Email Luce@augustaga.gov
Street Address
City
State / Province
Zip Code
Country
With a copy to:
AT&T Corp.
One AT&T Way
Bedminster, NJ 07921-0752
ATTN: Master Agreement Support
Team
Email: mast@att.com
Name
Company Name
Street Address
City
State / Province
Zip Code
Country
Telephone
Fax
Email
Agent Code
This Pricing Schedule and Attachment A is part of the Agreement between AT&T and Customer referenced above.
Customer
(by its authorized representative)
AT&T
(by its authorized representative)
By:
By:
Name:
Name:
Title
Title
Date:
Date:
Attachment number 4
Page 1 of 7
Item # 6
Contract ID: 1604511
Augusta-Richmond County WK-101752V1-ABN-SCVP-PGM
The rates, discounts and other provisions in this Pricing
Schedule are contingent upon signature by both parties on or
before June 09, 2011.
For AT&T Administrative Use Only – cm LC4267
Master Agreement No. __________
Pricing Schedule No. __________
Original Effective Date: __________
Effective Date of Amendment: __________
Pricing Schedule for AT&T Business Network Service
ATTUID: LC4267
AT&T and Customer Confidential Information
Page 2 of 7
Updated: 01/2008
1. SERVICES
• AT&T Business Network (ABN) Service
• Voice/Access, including LD, Local and Intrastate
2. PRICING SCHEDULE TERM AND EFFECTIVE DATES
2.1 Term
Pricing Schedule Term Term Start Date
2 years First day of first full billing cycle following implementation of this Pricing Schedule in AT&T’s billing
system
2.2 Effective Dates
Effective Date of Rates and
Discounts
First day of first full billing cycle following implementation of this Pricing Schedule in
AT&T’s billing system
2.3 Term Expiration
Upon expiration of Pricing Schedule
Term
The terms and conditions of this Pricing Schedule will renew on a month-to-month
basis until terminated by either party on 30 days prior written notice (“Extension
Period”), except that during the Extension Period the rates under this Schedule are
changed as follows: a) If the Services are subject to a Service Guide or a filed
Tariff, the rates in this Pricing Schedule will automatically be increased to the then-
current Monthly Extension rates specified in the Service Guide or Tariff, or, if no
Monthly Extension rate is specified, the rate for the Services for the Extension
Period shall be equal to the rates under this Pricing Schedule plus 20%; b) credits, if
any, under this Pricing Schedule do not apply for the Extension Period.
3. MARC
YEAR 1 YEAR 2
MARC under this Pricing Schedule $12,000 $12,000
4. MARC-ELIGIBLE CHARGES
• ABN Service including eligible Voice, Access, Local, Intrastate, purchased under the ABN Service offer
Attachment number 4
Page 2 of 7
Item # 6
Contract ID: 1604511
Augusta-Richmond County WK-101752V1-ABN-SCVP-PGM
The rates, discounts and other provisions in this Pricing
Schedule are contingent upon signature by both parties on or
before June 09, 2011.
For AT&T Administrative Use Only – cm LC4267
Master Agreement No. __________
Pricing Schedule No. __________
Original Effective Date: __________
Effective Date of Amendment: __________
Pricing Schedule for AT&T Business Network Service
ATTUID: LC4267
AT&T and Customer Confidential Information
Page 3 of 7
Updated: 01/2008
5. DISCOUNTS
ABN Service Voice Services Component/Capability Discount%
Interstate Long Distance– Outbound
Switched 42%
Loyalty 45%
Dedicated - Mobile Termination 42%
Calling Card 64%
Interstate Long Distance- Inbound
Switched 42%
Loyalty 45%
Dedicated 42%
International 71%
Other Qualifying Service Category 33%
ABN Service Bandwidth Service/Access Channels Service
Component/Capability
Discount%
T1 IOC Primary Rate Interface Office Functions 75%
T1 Access Channels
Region 1 Access Channel 23%
Region 2 Access Channel 29%
Region 3 Access Channel 25%
Region 4 Access Channel 38%
Region 5 Access Channel 38%
Region 6 Access Channel 44%
Region 7 Access Channel 44%
All other components, excluding Access Coordination Function 100%
Additional Discount for Intrastate total charges
State Discount
South Carolina 10%
Georgia 27%
Kentucky 28%
North Carolina 17%
Tennessee 14%
6. PROMOTIONS, CREDITS, WAIVERS AND MINIMUM RETENTION AND PAYMENT PERIODS
6.1 Promotions
Service Guide promotions are not applicable under this Pricing Schedule
Attachment number 4
Page 3 of 7
Item # 6
Contract ID: 1604511
Augusta-Richmond County WK-101752V1-ABN-SCVP-PGM
The rates, discounts and other provisions in this Pricing
Schedule are contingent upon signature by both parties on or
before June 09, 2011.
For AT&T Administrative Use Only – cm LC4267
Master Agreement No. __________
Pricing Schedule No. __________
Original Effective Date: __________
Effective Date of Amendment: __________
Pricing Schedule for AT&T Business Network Service
ATTUID: LC4267
AT&T and Customer Confidential Information
Page 4 of 7
Updated: 01/2008
6.2 Credits
ILEC Primary
Interexchange Carrier
Change Credit
Month of Pricing Schedule
Term in which Credit is Applied
Minimum Retention Period
$150 6 Until end of Pricing Schedule Term
year in which credit is applied
Amount of Credit Month of Pricing Schedule
Term in which Credit is Applied
Minimum Retention Period
$720.00 3rd month Until end of Pricing Schedule Term
year in which credit is applied
This credit represents a one-time credit equal to the monthly recurring charge for Toll-Free
MEGACOM and/or Toll-Free READYLINE Routing Arrangements without D channel.
6.3 Waivers
Charges Waived Month of Pricing Schedule
Term in which Charges are
waived
Minimum Retention Period
The Monthly Recurring
Carrier Line Charges
Every Month None
This waiver applies only to Customers who purchase AT&T Local Service and have a minimum of
two lines under a single BTN
Charges Waived Month of Pricing Schedule
Term in which Charges are
waived
Minimum Retention Period
Waivers as specified in
the Service Guide for
ABN Service
N/A 12 months
Outbound Monthly
Charges and Outbound
Minimum usage
requirement for Per Main
Billed Account, Per
Customer Location-
Switched Access and
Per Customer Location-
Dedicated Access
Every Month None
Monthly Recurring Charges
incurred during the month
specified for all T1 Access
Channels migrating from an
AT&T ILEC
3 and 15 N/A
Attachment number 4
Page 4 of 7
Item # 6
Contract ID: 1604511
Augusta-Richmond County WK-101752V1-ABN-SCVP-PGM
The rates, discounts and other provisions in this Pricing
Schedule are contingent upon signature by both parties on or
before June 09, 2011.
For AT&T Administrative Use Only – cm LC4267
Master Agreement No. __________
Pricing Schedule No. __________
Original Effective Date: __________
Effective Date of Amendment: __________
Pricing Schedule for AT&T Business Network Service
ATTUID: LC4267
AT&T and Customer Confidential Information
Page 5 of 7
Updated: 01/2008
6.4 Other Requirements
This Pricing Schedule is available only to Customer who:
• During the first year commit to satisfy at least 50% of
the total AT&T usage and charges under this Pricing Schedule with usage and charges for services not previously provided by
AT&T.
7. Rates
7.1 ABN Domestic Dial Station Outbound/Inbound Calling
Call Type
Initial 30 Seconds
or Fraction
Each Add’l
Second
or Fraction
OUTBOUND
Switched $0.0360 $0.0012
Loyalty $0.0300 $0.0010
Dedicated-Mobile
Terminating
$0.0210 $0.0007
INBOUND
Switched $0.0360 $0.0012
Loyalty $0.0300 $0.0010
Dedicated $0.0210 $0.0007
7. 2 T1 Access Channels – only Access Channels furnished between the Customer Site and the designated AT&T
POP for connection to an AT&T network service
T1 Access Channels Monthly Charges
Mileage Fixed Per Mile
0 $270.00 $0.00
1-5 $340.00 $0.00
6-10 $372.00 $0.00
11-20 $462.00 $0.00
21-50 $660.00 $0.00
51+ $500.00 $6.50
AT&T Reference date: N/A
Attachment number 4
Page 5 of 7
Item # 6
Contract ID: 1604511
Augusta-Richmond County WK-101752V1-ABN-SCVP-PGM
The rates, discounts and other provisions in this Pricing
Schedule are contingent upon signature by both parties on or
before June 09, 2011.
For AT&T Administrative Use Only – cm LC4267
Master Agreement No. __________
Pricing Schedule No. __________
Original Effective Date: __________
Effective Date of Amendment: __________
Pricing Schedule for AT&T Business Network Service
ATTUID: LC4267
AT&T and Customer Confidential Information
Page 6 of 7
Updated: 01/2008
ATTACHMENT A
1. Intrastate Voice Rates: The following rates apply before the application of discounts as specified in Section 5 of the AT&T
Business Network Service Pricing Schedule. These rates are filed in the AT&T Tariffs and will be effective with the
implementation of this ABN contract. Rates are subject to change from time to time and in event of a conflict between the rates
below and the AT&T Tariffs, the Tariffs prevail.
Outbound/Inbound CPM*
InterLATA IntraLATA
Switched Loyalty Dedicated Switched Loyalty Dedicated
Alabama $0.0900 $0.0720 $0.0600 $0.0900 $0.0720 $0.0600
Alaska $0.2200 $0.1800 $0.1500 $0.2200 $0.1800 $0.1500
Arizona $0.1140 $0.1020 $0.0660 $0.1140 $0.1020 $0.0660
Arkansas $0.1680 $0.1380 $0.1140 $0.1680 $0.1380 $0.1140
California $0.0720 $0.0600 $0.0480 $0.0720 $0.0600 $0.0480
Colorado $0.1200 $0.0960 $0.0660 $0.1200 $0.0960 $0.0660
Connecticut $0.0660 $0.0540 $0.0420 $0.0660 $0.0540 $0.0420
Delaware $0.0840 $0.0660 $0.0540 $0.0840 $0.0660 $0.0540
District of Columbia $0.0780 $0.0660 $0.0540 $0.0780 $0.0660 $0.0540
Florida $0.1200 $0.0840 $0.0540 $0.1200 $0.0840 $0.0540
Georgia $0.1020 $0.0840 $0.0660 $0.1020 $0.0840 $0.0660
Hawaii $0.1440 $0.1320 $0.0960 $0.1440 $0.1320 $0.0960
Idaho $0.1620 $0.1500 $0.0900 $0.1620 $0.1500 $0.0900
Illinois $0.0540 $0.0480 $0.0420 $0.0540 $0.0480 $0.0420
Indiana $0.0540 $0.0480 $0.0420 $0.0540 $0.0480 $0.0420
Iowa $0.1200 $0.1080 $0.0720 $0.1200 $0.1080 $0.0720
Kansas $0.1080 $0.0900 $0.0780 $0.1080 $0.0900 $0.0780
Kentucky $0.1140 $0.0960 $0.0840 $0.1140 $0.0960 $0.0840
Louisiana $0.0960 $0.0720 $0.0540 $0.0960 $0.0720 $0.0540
Maine $0.1080 $0.0840 $0.0660 $0.1080 $0.0840 $0.0660
Maryland $0.1080 $0.0780 $0.0600 $0.1080 $0.0780 $0.0600
Massachusetts $0.0840 $0.0720 $0.0600 $0.0840 $0.0720 $0.0600
Michigan $0.0600 $0.0540 $0.0420 $0.0600 $0.0540 $0.0420
Minnesota $0.1020 $0.0900 $0.0660 $0.1020 $0.0900 $0.0660
Mississippi $0.0960 $0.0840 $0.0600 $0.0960 $0.0840 $0.0600
Missouri $0.1800 $0.1380 $0.0960 $0.1800 $0.1380 $0.0960
Montana $0.1800 $0.1620 $0.1020 $0.1800 $0.1620 $0.1020
Nebraska $0.1260 $0.1140 $0.0780 $0.1260 $0.1140 $0.0780
Nevada $0.1200 $0.0960 $0.0840 $0.1200 $0.0960 $0.0840
New Hampshire $0.1560 $0.1080 $0.0780 $0.1560 $0.1080 $0.0780
New Jersey $0.1020 $0.0840 $0.0720 $0.1020 $0.0840 $0.0720
Attachment number 4
Page 6 of 7
Item # 6
Contract ID: 1604511
Augusta-Richmond County WK-101752V1-ABN-SCVP-PGM
The rates, discounts and other provisions in this Pricing
Schedule are contingent upon signature by both parties on or
before June 09, 2011.
For AT&T Administrative Use Only – cm LC4267
Master Agreement No. __________
Pricing Schedule No. __________
Original Effective Date: __________
Effective Date of Amendment: __________
Pricing Schedule for AT&T Business Network Service
ATTUID: LC4267
AT&T and Customer Confidential Information
Page 7 of 7
Updated: 01/2008
Outbound/Inbound CPM*
InterLATA IntraLATA
Switched Loyalty Dedicated Switched Loyalty Dedicated
New Mexico $0.2280 $0.1560 $0.1200 $0.2280 $0.1560 $0.1200
New York $0.1260 $0.1020 $0.0780 $0.1260 $0.1020 $0.0780
North Carolina $0.1380 $0.1080 $0.0900 $0.1380 $0.1080 $0.0900
North Dakota $0.2160 $0.1920 $0.1200 $0.2160 $0.1920 $0.1200
Ohio $0.0540 $0.0480 $0.0420 $0.0540 $0.0480 $0.0420
Oklahoma $0.1140 $0.0900 $0.0720 $0.1140 $0.0900 $0.0720
Oregon $0.0660 $0.0540 $0.0420 $0.0660 $0.0540 $0.0420
Pennsylvania $0.1080 $0.0900 $0.0720 $0.1080 $0.0900 $0.0720
Puerto Rico $0.0660 $0.0540 $0.0480 $0.0660 $0.0540 $0.0480
Rhode Island $0.0840 $0.0660 $0.0480 $0.0840 $0.0660 $0.0480
South Carolina $0.1140 $0.1020 $0.0900 $0.1140 $0.1020 $0.0900
South Dakota $0.2520 $0.1800 $0.1260 $0.2520 $0.1800 $0.1260
Tennessee $0.1080 $0.0900 $0.0720 $0.1080 $0.0900 $0.0720
Texas $0.1140 $0.0960 $0.0780 $0.1140 $0.0960 $0.0780
Utah $0.0780 $0.0720 $0.0480 $0.0780 $0.0720 $0.0480
Vermont $0.1380 $0.1020 $0.0780 $0.1380 $0.1020 $0.0780
Virginia $0.1440 $0.1080 $0.0840 $0.1440 $0.1080 $0.0840
Washington $0.1320 $0.0900 $0.0660 $0.1320 $0.0900 $0.0660
West Virginia $0.1500 $0.1140 $0.0840 $0.1500 $0.1140 $0.0840
Wisconsin $0.0960 $0.0840 $0.0540 $0.0960 $0.0840 $0.0540
Wyoming $0.0900 $0.0780 $0.0600 $0.0900 $0.0780 $0.0600
*Billed in increments of 30 Second Initial Period or Fraction, Each Additional Second or Fraction. Rates displayed are list rates
per the Tariff.
Attachment number 4
Page 7 of 7
Item # 6
BLS LD Migration
RESPONSIBLE ORGANIZATION DESIGNATION AND AGREEMENT OF AGENCY
I hereby designate AT&T to act as Responsible Organization (“RESPORG”) for the
following toll free service telephone numbers. I further designate AT&T to act as my agent
to transfer RESPORG functions to AT&T. These designations supersede all prior
RESPORG designations pertaining to these toll free service numbers.
Company Billing Name: Augusta-Richmond County
(As it appears on the customers bill copy)
Company Billing Address: 503 Greene St. Ste. 801
City: Augusta State: GA Zip: 30911
Company Contact: Kevin Luce
Contact Phone #: 706-821-1603 Fax #:
Authorized By:
(Signature or PIN) (Print Name)
(Title) (Date)
TOLL FREE SERVICE NUMBERS FOR WHICH RESPORG FUNCTIONS ARE BEING TRANSFERRED
( 866) 939-5050
OLD RESPONSIBLE ORGANIZATION NEW RESPONSIBLE ORGANIZATION
ID: BDL30 ID: ATX01
Name: ATT/Bell South LD Service Name: AT&T
Address: PO Box 856178 Address: 2651 Olive Street
Louisville, KY 40285 St. Louis, MO 63103
FOR AT&T USE ONLY
AT&T Name: Phone No :
AT&T E-Mail Address:
Branch: Save Winback Nodal
PRINT USING FINE TIP INK PEN WHEN COMPLETING THE RESPORG FORM - ILLEGIBLE FORMS WILL BE REJECTED!
AT&T Proprietary 2/98
Use pursuant to Company Instructions
Attachment number 5
Page 1 of 1
Item # 6
CommissionMeetingAgenda
5/3/20115:00PM
2011Utilities-ElectricForkLift
Department:FinanceDepartment,FleetManagemenr
Caption:Motionto approvetherequestfromtheUtilitiesDepartment-
AdministrationDivisiontopurchaseoneforkliftfo rtheir
warehouselocatedonWyldsRoad.(ApprovedbyFinance
CommitteeApril25,2011)
Background:TheAugustaUtilitiesDepartment-AdministrationDiv ision
requeststhepurchaseofonemediumsizedforklift fortheir
warehouse.Theforkliftwouldprovideefficientmov ementofthe
multitudeofmaterialscriticaltotheoperationof thedepartment.
Analysis:FleetManagementsubmittedarequestforbidsthrou ghthe
ProcurementDepartmentutilizingtheDemandStarel ectronicbid
systemwhichoffersnationwidebidcoverage.ThePr ocurement
Departmentreceivedquotesbackfrom2vendorswith the
followingresults:(1)LiftAtlanta,Inc.=$32,677 .00(lowestbid
onBidItem11-106);(2)ReliableEquipmentRentals ,Inc.=Non-
CompliantBidPacket.
FinancialImpact:Theunitwillbepurchasedfor$32,677usingtheGM Alease
program,withanannualpremiumof$10,892.33each yearfor3
years.
Alternatives:1)Approvetherequest,2)disapprovetherequest.
Recommendation:Approverequesttopurchasethemid-sizedforklift fromLift
Atlanta,IncEquipmentCompanyfor$32,677.00.
FundsareAvailable
intheFollowing
Accounts:
631-00-0000-11-19114(GMALeasePool)
REVIEWEDANDAPPROVEDBY :Cover Memo
Item # 7
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 7
Attachment number 1
Page 1 of 7
Item # 7
Attachment number 1
Page 2 of 7
Item # 7
Attachment number 1
Page 3 of 7
Item # 7
Attachment number 1
Page 4 of 7
Item # 7
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Page 5 of 7
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Item # 7
Attachment number 1
Page 7 of 7
Item # 7
CommissionMeetingAgenda
5/3/20115:00PM
AmendmentforCorrection-AugustaSoilErosionand SedimentationControlOrdinance
Department:AbieL.Ladson,PE,CPESC,DirectorofEngineering
Caption:Motionto approveamendmentforcorrectiontotheSoilErosion,
SedimentationandPollutionControlOrdinanceanda doptthe
correctedOrdinance.(ApprovedbyEngineeringServices
CommitteeApril25,2011)
Background:OnSeptember16,2009,theGeorgiaEnvironmentalPr otection
Division(EPD)notifiedAugustaGeorgiathattheGe orgiaErosion
andSedimentation(E&S)Acthasbeenrevisedandth atthe
AugustaGeorgiamustsubsequentlyamenditsE&SCon trol
ordinanceandincludeitin2010revisiontotheAu gusta
MunicipalSeparateStormSewerSystem(MS4)Stormwa ter
ManagementProgram(SWMP).Accordingly,theordinan cewas
revisedandadoptedonNovember16,2010andsubmit tedtoEPD
withMS4SWMP.EPDreviewwarrantedfewreference
corrections.
Analysis:AEDisresponsibleformanagementandcomplianceof Augusta
Area-WideNPDESMS4permit.AEDalsomanagesE&SCp lan
review,fieldactivitiesandcompliance.Notedrefe rence
correctionsareimportantforproperdesignanduse ofbest
managementpracticeandcontrolmeasurestocontrol erosionand
sedimentsataconstructionsite.Amendmentisforr eference
correctionandnonewrequirementsareproposed.
FinancialImpact:Nodirectfinancialimpact.
Alternatives:1)APPROVEAMENDMENTFORCORRECTIONTOTHE
SOILEROSION,SEDIMENTATIONANDPOLLUTION
CONTROLORDINANCEANDADOPTTHECORRECTED
ORDINANCE.2)Donotapproveandfacepossibleenfo rcement
actionunderNPDESMS4compliancebytheStateand Federal
agencies.
Recommendation:ApproveAlternativeNumberOne.
Cover Memo
Item # 8
FundsareAvailable
intheFollowing
Accounts:
NA
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 8
1
Ordinance N o.___________
AN ORDIN AN CE TO AMEN D THE HEALTH AN D SAN ITATION SECTION OF
TITLE 4, SECTION 2, OF THE AUGUSTA, GEORGIA CODE TO MODIFY ARTICLE
7, WHICH PROVIDES FOR SOIL EROSION , SEDIMEN TATION AN D POLLUTION
CON TROL, TO REPEAL ALL ORDIN AN CES IN CON FLICT HEREWITH, TO
PROVIDE AN EFFECTIVE DATE AN D FOR OTHER PURPOSES.
WHEREAS, the Augusta, Georgia Code needs to be updated and revised;
WHEREAS, it is the desire of the Commission to update and improve the Augusta, Georgia
Code to provide for Soil Erosion, Sedimentation and Pollution Control for citizens of Augusta,
GA;
THE AUGUSTA COMMISSION hereby ordains as follows:
SECTION 1. AUGUSTA, GA CODE Section §4-2-7 adopted November 16, 2010,
provides in Title 4, for Public Health, Section 2, Health and Sanitation, Articles 1 –7. It is the
desire of the Augusta-Richmond County Commission that that Article 7 as set forth in “Exhibit
A” hereto be amended by striking “Exhibit A” its entirety and inserting in lieu thereof new
‘Exhibit B” hereto.
SECTION 2. This ordinance shall become effective upon its adoption in accordance
with applicable laws, in accordance with the AUGUSTA, GA CODE, attached hereto as “Exhibit
A.”
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed, except that nothing in this Ordinance shall be construed to repeal or modify Title 4,
Public Health, Section 2, Health and Sanitation, Articles 1 – 6 in their entirety, contained in
AUGUSTA, GA, CODE §§4-2-1 through 4-2-6.
SECTION 4. The Second Reading of this Ordinance is hereby Waived.
Adopted this _______ day of _________________, 2011.
___________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner,
Clerk of Commission
Attachment number 1
Page 1 of 55
Item # 8
2
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta Commission on _________________,
2010 and that such Ordinance has not been modified or rescinded as of the date hereof and the
undersigned further certifies that attached hereto is a true copy of the Ordinance which was
approved and adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
First Reading: ________________________
Second Reading: Waived
Attachment number 1
Page 2 of 55
Item # 8
3
Exhibit “A”
STRIKE:
Attachment number 1
Page 3 of 55
Item # 8
4
Title 4, Public Health, Section 2, Health and Sanitation, Article 7
Soil Erosion, Sedimentation and Pollution Control Ordinance
SECTION I
TITLE
This ordinance will be known as “Augusta Georgia Soil Erosion, Sedimentation and Pollution
Control Ordinance.”
SECTION II
DEFIN ITION S
The following definitions shall apply in the interpretation and enforcement of this ordinance,
unless otherwise specifically stated:
A. DEFINITIONS:
1. Best Management Practices (BMPs):
(a) These include sound conservation and engineering practices to prevent and
minimize erosion and resultant sedimentation, which are consistent with, and no less
stringent than, those practices contained in the “Manual for Erosion and Sediment
Control in Georgia” published by the Commission as of January 1st of the year in which
the land-disturbing activity was permitted.
(b) Best Management Practice also include, but are not limited to design
specifications from the most recent publication of Georgia Stormwater Management
Manual Published by Atlanta Regional Commission.
2. Board: The Board of Natural Resources.
3. Buffer: The area of land immediately adjacent to the banks of state waters in its
natural state of vegetation, which facilitates the protection of water quality and aquatic
habitat.
4. Certified Personnel: A person who has successfully completed the appropriate
certification course approved by the Georgia Soil and Water Conservation Commission.
5. Commission: The Georgia Soil and Water Conservation Commission (GSWCC).
6. CPESC: Certified Professional in Erosion and Sediment Control with current
certification by Certified Profession in Erosion and Sediment Control, Inc., a corporation
registered in North Carolina, which is also referred to as CPESC or CPESC, Inc.
Attachment number 1
Page 4 of 55
Item # 8
5
7. Cut: A portion of land surface or area from which earth has been removed or will
be removed by excavation; the depth below original ground surface to the excavated
surface. Also known as excavation.
8. Department: The Georgia Department of Natural Resources (DNR).
9. Design Professional: A professional licensed by the State of Georgia in the field of:
engineering, architecture, landscape architecture, forestry, geology, or land surveying; or
a person that is a Certified Professional in Erosion and Sediment Control (CPESC) with a
current certification by Certified Professional in Erosion and Sediment Control, Inc.
10. Developer: Refer to the person and persons, a cooperation, or other business
applying for a permit to undertake land-disturbing activity and performing development
within the scope of this ordinance.
11. Development: Refer to any activity which would alter the elevation of the land,
remove or destroy plant life, cause a structure of any kind to be installed, erected, or
removed, or a change of any kind from existing condition.
12. Director: The Director of the Environmental Protection Division or an authorized
representative.
13. District: The Brier Creek Soil and Water Conservation District.
14. Division: The Environmental Protection Division (EPD) of the Department of
Natural Resources.
15. Drainage Structure: A device composed of a virtually non-erodible material such
as concrete, steel, plastic or other such material that conveys water from one place to
another by intercepting the flow and carrying it to a release point for storm water
management, drainage control, or flood control purposes.
16. Erosion: The process by which land surface is worn away by the action of wind,
water, ice or gravity.
17. Erosion, Sedimentation and Pollution Control Plan: A plan required by the
Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum,
protections at least as stringent as the State General Permit, best management practices,
and requirements in section IV.C. of this ordinance.
18. Fill: A portion of land surface to which soil or other solid material has been added;
the depth above the original ground surface or an excavation.
19. Final Stabilization: All soil disturbing activities at the site have been completed,
and that for unpaved areas and areas not covered by permanent structures and areas
located outside the waste disposal limits of a landfill cell that has been certified by EPD
Attachment number 1
Page 5 of 55
Item # 8
6
for waste disposal, 100% of the soil surface is uniformly covered in permanent vegetation
with a density of 70% or greater, or equivalent permanent stabilization measures (such as
the use of rip rap, gabions, permanent mulches or geotextiles) have been used.
Permanent vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of
perennial vegetation appropriate for the time of year and region; or a crop of annual
vegetation and a seeding of target crop perennials appropriate for the region. Final
stabilization applies to each phase of construction.
20. Finished Grade: The final elevation and contour of the ground after cutting or
filling and conforming to the proposed design.
21. Grading: Altering the shape of ground surfaces to a predetermined condition; this
includes stripping, cutting, filling, stockpiling and shaping or any combination thereof
and shall include the land in its cut or filled condition.
22. Ground Elevation: The original elevation of the ground surface prior to cutting or
filling.
23. Land-Disturbing Activity: Any activity which may result in soil erosion from
water or wind and the movement of sediments into state waters or onto lands within the
state, including, but not limited to, clearing, dredging, grading, excavating, transporting,
and filling of land but not including agricultural practices as described in Section III,
Paragraph 5.
24. Larger Common Plan of Development or Sale: A contiguous area where multiple
separate and distinct construction activities are occurring under one plan of development
or sale. For the purposes of this paragraph, “plan” means an announcement; piece of
documentation such as a sign, public notice or hearing, sales pitch, advertisement,
drawing, permit application, zoning request, or computer design; or physical demarcation
such as boundary signs, lot stakes, or surveyor markings, indicating that construction
activities may occur on a specific plot.
25. Local Issuing Authority: The governing authority of any county or municipality
which is certified pursuant to subsection (a) O.C.G.A. 12-7-8. The LIA in Augusta is the
Executive Director of the Augusta-Richmond County Planning Commission and the
Engineering Department is an extension of the LIA with respect to plan review and
enforcement.
26. Metropolitan River Protection Act (MRPA): A state law referenced as
O.C.G.A. 12-5-440 et. seq., which addresses environmental and developmental matters in
certain metropolitan river corridors and their drainage basins.
27. Mulching: Refers to the application of plant or other suitable materials in the soil
surface to conserve moisture, hold the soil in place, and aid in establishing plant cover.
Attachment number 1
Page 6 of 55
Item # 8
7
28. N atural Ground Surface: The ground surface in its original state before any
grading, excavation or filling.
29. N ephelometric Turbidity Units (N TU): Numerical units of measure based upon
photometric analytical techniques for measuring the light scattered by finely divided
particles of a substance in suspension. This technique is used to estimate the extent of
turbidity in water in which colloidally dispersed or suspended particles are present.
30. N OI: A Notice of Intent form provided by EPD for coverage under the State
General Permit.
31. N OT: A Notice of Termination form provided by EPD to terminate coverage
under the State General Permit.
32. One Hundred Year Floodplain: Land in the floodplain subject to a one (1)
percent or greater statistical occurrence probability of flooding in any given year (also
referred to as “area of the 1% annual chance flood” on Augusta’s Flood Insurance Rate
Maps – effective date September 25, 2009).
33. Operator: The party or parties that have: (A) operational control of construction
project plans and specifications, including the ability to make modifications to those
plans and specifications; or (B) day-to-day operational control of those activities that are
necessary to ensure compliance with an erosion, sedimentation and pollution control plan
for the site or other permit conditions, such as a person authorized to direct workers at a
site to carry out activities required by the erosion, sedimentation and pollution control
plan or to comply with other permit conditions.
34. Outfall: The location where storm water in a discernible, confined and discrete
conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a
point source discharging into that receiving water.
35. Permit: The authorization necessary to conduct a land-disturbing activity under
the provisions of this ordinance.
36. Person: Any individual, partnership, firm, association, joint venture, public or
private corporation, trust, estate, commission, board, public or private institution, utility,
cooperative, state agency, municipality or other political subdivision of the State of
Georgia, any interstate body or any other legal entity.
37. Planning Commission: The Augusta-Richmond County Planning Commission.
38. Phase or Phased: Sub-parts or segments of construction projects where the sub-
part or segment is constructed and stabilized prior to completing construction activities
on the entire construction site.
Attachment number 1
Page 7 of 55
Item # 8
8
39. Project: The entire proposed development project regardless of the size of the
area of land to be disturbed.
40. Properly Designed: Designed in accordance with the design requirements and
specifications contained in the “Manual for Erosion and Sediment Control in Georgia”
(Manual) published by the Georgia Soil and Water Conservation Commission as of
January 1 of the year in which the land-disturbing activity was permitted and
amendments to the Manual as approved by the Commission up until the date of NOI
submittal.
41. Roadway Drainage Structure: A device such as a bridge, culvert, or ditch,
composed of a virtually non-erodible material such as concrete, steel, plastic, or other
such material that conveys water under a roadway by intercepting the flow on one side of
a traveled roadway consisting of one or more defined lanes, with or without shoulder
areas, and carrying water to a release point on the other side.
42. Sediment: Solid material, both organic and inorganic, that is in suspension, is
being transported, or has been moved from its site of origin by wind, water, ice, or
gravity as a product of erosion.
43. Sedimentation: The process by which eroded material is transported and
deposited by the action of water, wind, ice or gravity.
44. Soil and Water Conservation District Approved Plan: An erosion,
sedimentation and pollution control plan approved in writing by the Brier Creek Soil and
Water Conservation District or LIA under MOA with Brier Creek Soil and Water
Conservation District.
45. Stabilization: The process of establishing an enduring soil cover of vegetation by
the installation of temporary or permanent structures for the purpose of reducing to a
minimum the erosion process and the resultant transport of sediment by wind, water, ice
or gravity.
46. State General Permit: The National Pollution Discharge Elimination System
(NPDES) general permit or permits for storm water runoff from construction activities as
is now in effect or as may be amended or reissued in the future pursuant to the state’s
authority to implement the same through federal delegation under the Federal Water
Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of
§12-5-30.
47. State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs,
ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water,
natural or artificial, lying within or forming a part of the boundaries of Georgia which are
not entirely confined and retained completely upon the property of a single individual,
partnership, or corporation.
Attachment number 1
Page 8 of 55
Item # 8
9
48. Stream bank: The confining cut of a stream channel usually identified as the
point where the normal stream flow has wrested the vegetation. For non-trout waters, the
normal stream flow is any stream flow that consists solely of base flow or consists of
both base flow and direct runoff during any period of the year. Base flow results from
groundwater that enters the stream channel through the soil. This includes flows into
streams. Direct runoff is the water entering stream channels promptly after rainfalls or
snow melts.
49. Structural Erosion, Sedimentation and Pollution Control Practices: Practices
for the stabilization of erodible or sediment-producing areas by utilizing the mechanical
properties of matter for the purpose of either changing the surface of the land or storing,
regulating or disposing of runoff to prevent excessive sediment loss. Examples of
structural erosion and sediment control practices are riprap, sediment basins, dikes, level
spreaders, waterways or outlets, diversions, grade stabilization structures and sediment
traps, etc. Such practices can be found in the publication Manual for Erosion and
Sediment Control in Georgia.
50. Trout Streams: All streams or portions of streams within the watershed as
designated by the Wildlife Resources Division of the Georgia Department of Natural
Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-
5-20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at
www.gaepd.org. Streams designated as primary trout waters are defined as water
supporting a self- sustaining population of rainbow, brown or brook trout. Streams
designated as secondary trout waters are those in which there is no evidence of natural
trout reproduction, but are capable of supporting trout throughout the year. First order
trout waters are streams into which no other streams flow except springs.
51. Vegetative Erosion and Sedimentation Control Measures: Measures for the
stabilization of erodible or sediment-producing areas by covering the soil with:
(a) Permanent seeding, sprigging or planting, producing long-term vegetative
cover, or
(b) Temporary seeding, producing short-term vegetative cover; or
(c) Sodding, covering areas with a turf of perennial sod-forming grass.
Such measures can be found in the publication Manual for Erosion and Sediment Control
in Georgia.
52. Watercourse: Any natural or artificial watercourse, stream, river, creek, channel,
ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water
flows either continuously or intermittently and which has a definite channel, bed and
banks, and including any area adjacent thereto subject to inundation by reason of
overflow or floodwater.
53. Water Quality: The chemical, physical, and biological characteristics of the
State’s water resources.
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54. Wetlands: Those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal
circumstances do support a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas
SECTION III
EXEMPTION S
(a) This ordinance shall apply to any land-disturbing activity undertaken by any person on
any land within the jurisdiction of the Local Issuing Authority except and to the extent
exempted by O.C.G.A. §12-4-17 and as provided under following subsection:
1. Surface mining, as the same is defined in O.C.G.A. §12-4-72, "The Georgia
Surface Mining Act of 1968".
2. Granite quarrying and land clearing for such quarrying;
3. Such minor land-disturbing activities as home gardens and individual home
landscaping, repairs, maintenance work, fences, and other related activities which result
in minor soil erosion;
4. The construction of single-family residences, when such construction disturbs less
than one (1) acre and is not a part of a larger common plan of development or sale with a
planned disturbance of equal to or greater than one (1) acre and not otherwise exempted
under this paragraph; provided, however, that construction of any such residence shall
conform to the minimum requirements as set forth in Section IV of this Ordinance
O.C.G.A. §12-7-6 and this paragraph. For single-family residence construction covered
by the provisions of this paragraph, there shall be a buffer zone between the residence
and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the
Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing activity
shall be constructed between the residence and the point where vegetation has been
wrested by normal stream flow or wave action from the banks of the trout waters. For
primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance
to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be
at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet.
Regardless of whether a trout stream is primary or secondary, for first order trout waters,
which are streams into which no other streams flow except for springs, the buffer shall be
at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The
minimum requirements of subsection (b) of O.C.G.A. §12-7-6 and the buffer zones
provided by this paragraph shall be enforced by the Local Issuing Authority;
5. Agricultural operations as defined in O.C.G.A. §1-3-3, "definitions", to include
raising, harvesting or storing of products of the field or orchard; feeding, breeding or
managing livestock or poultry; producing or storing feed for use in the production of
livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits
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or for use in the production of poultry, including but not limited to chickens, hens and
turkeys; producing plants, trees, fowl, or animals; the production of aqua culture,
horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and
farm ponds;
6. Forestry land management practices, including harvesting; provided, however,
that when such exempt forestry practices cause or result in land-disturbing or other
activities otherwise prohibited in a buffer, as established in paragraphs (15) and (16) of
Section IV C. of this ordinance, no other land-disturbing activities, except for normal
forest management practices, shall be allowed on the entire property upon which the
forestry practices were conducted for a period of three (3) years after completion of such
forestry practices;
7. Any project carried out under the technical supervision of the Natural Resources
Conservation Service (NRCS) of the United States Department of Agriculture;
8. Any project involving less than one (1) acre of disturbed area; provided, however,
that this exemption shall not apply to any land-disturbing activity within a larger common
plan of development or sale with a planned disturbance of equal to or greater than one (1)
acre or within 200 feet of the bank of any state waters, and for purposes of this paragraph,
“State Waters” excludes channels and drainage ways which have water in them only
during and immediately after rainfall events and intermittent streams which do not have
water in them year-round; provided, however, that any person responsible for a project
which involves less than one (1) acre, which involves land-disturbing activity, and which
is within 200 feet of any such excluded channel or drainage way, must prevent sediment
from moving beyond the boundaries of the property on which such project is located and
provided, further, that nothing contained herein shall prevent the Local Issuing Authority
from regulating any such project which is not specifically exempted by paragraphs 1, 2,
3, 4, 5, 6, 7, 9 or 10 of this section;
9. Construction or maintenance projects, or both, undertaken or financed in whole or
in part, or both, by the Department of Transportation, the Georgia Highway Authority, or
the State Road and Tollway Authority; or any road construction or maintenance project,
or both, undertaken by any county or municipality; provided, however, that construction
or maintenance projects of the Department of Transportation or the State Road and
Tollway Authority which disturb one or more contiguous acres of land shall be subject to
provisions of O.C.G.A. §12-7-7.1; except where the Department of Transportation, the
Georgia Highway Authority, or the State Road and Tollway Authority is a secondary
permittee for a project located within a larger common plan of development or sale under
the state general permit, in which case a copy of a notice of intent under the state general
permit shall be submitted to the Local Issuing Authority, the Local Issuing Authority
shall enforce compliance with the minimum requirements set forth in O.C.G.A. §12-7-6
as if a permit had been issued, and violations shall be subject to the same penalties as
violations by permit holders.
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10. Any land-disturbing activities conducted by any electric membership corporation
or municipal electrical system or any public utility under the regulatory jurisdiction of the
Public Service Commission, any utility under the regulatory jurisdiction of the Federal
Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36-
18-1, or any agency or instrumentality of the United States engaged in the generation,
transmission, or distribution of power; except where an electric membership corporation
or municipal electrical system or any public utility under the regulatory jurisdiction of the
Public Service Commission, any utility under the regulatory jurisdiction of the Federal
Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36-
18-1, or any agency or instrumentality of the United states engaged in the generation,
transmission, or distribution of power is a secondary permittee for a project located
within a larger common plan of development or sale under the state general permit, in
which case the Local Issuing Authority shall enforce compliance with the minimum
requirements set forth in O.C.G.A. 12-7-6 as if a permit had been issued, and violations
shall be subject to the same penalties as violations by permit holders; and
11. Any public water system reservoir:
(b) The following projects are exempt from the permit requirements of section V of
this article by O.C.G.A. §12-4-17, however, any land disturbing activities conducted as
part of any such project shall submit individual lot drainage plan including proposed
changes in lot grade to the Augusta Engineering Department prior to getting a building
permit and conform to the minimum requirements as set forth in section IV of this article,
including, but not limited to, the implementation of BMPs.
(1) The construction of a single-family residence or commercial lot or
institutional lot, when such construction disturbs less than one acre and is not a part of a
larger common plan of development or sale with a planned disturbance of equal to or
greater than one acre and not otherwise exempted under this section.
SECTION IV
MIN IMUM REQUIREMEN TS FOR EROSION , SEDIMEN TATION AN D POLLUTION
CON TROL USIN G BEST MAN AGEMEN T PRACTICES
A. GENERAL PROVISIONS:
Excessive soil erosion and resulting sedimentation can take place during land-disturbing
activities if requirements of the ordinance and the NPDES General Permit are not met.
Therefore, plans for those land-disturbing activities which are not exempted by this
ordinance shall contain provisions for application of soil erosion, sedimentation and
pollution control measures and practices. The provisions shall be incorporated into the
erosion, sedimentation and pollution control plans. Soil erosion, sedimentation and
pollution control measures and practices shall conform to the minimum requirements of
Section IV B. & C. of this ordinance. The application of measures and practices shall
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apply to all features of the site, including street and utility installations, drainage facilities
and other temporary and permanent improvements. Measures shall be installed to
prevent or control erosion, sedimentation and pollution during all stages of any land-
disturbing activity in accordance with requirements of this ordinance and the NPDES
General Permit
B. MINIMUM REQUIREMENTS/ BMPs/MONITORING REQUIREMENTS:
1. Best management practices as set forth in Section IV B. & C. of this ordinance
shall be required for all land-disturbing activities. Proper design, installation, and
maintenance of best management practices shall constitute a complete defense to any
action by the Director or to any other allegation of noncompliance with paragraph (2) of
this subsection or any substantially similar terms contained in a permit for the discharge
of storm water issued pursuant to subsection (f) of O.C.G.A. §12-5-30, the "Georgia
Water Quality Control Act". As used in this subsection the terms "proper design” and
“properly designed” mean designed in accordance with the hydraulic design
specifications contained in the “Manual for Erosion and Sediment Control in Georgia”
specified in O.C.G.A. §12-7-6 subsection (b).
2. A discharge of storm water runoff from disturbed areas where best management
practices have not been properly designed, installed, and maintained shall constitute a
separate violation of any land-disturbing permit issued by a local Issuing Authority or of
any state general permit issued by the Division pursuant to subsection (f) of O.C.G.A.
§12-5-30, the "Georgia Water Quality Control Act", for each day on which such
discharge results in the turbidity of receiving waters being increased by more than
twenty-five (25) nephelometric turbidity units for waters supporting warm water
fisheries or by more than ten (10) nephelometric turbidity units for waters classified as
trout waters. The turbidity of the receiving waters shall be measured in accordance with
guidelines to be issued by the Director. This paragraph shall not apply to any land
disturbance associated with the construction of single family homes which are not part of
a larger common plan of development or sale unless the planned disturbance for such
construction is equal to or greater than five (5) acres.
C. VIOLATIONS:
1. Failure to properly design, install, or maintain best management practices shall
constitute a violation of any land-disturbing permit issued by a Local Issuing Authority or
of any state general permit issued by the Division pursuant to subsection (f) of Code
Section 12-5-30, the "Georgia Water Quality Control Act", for each day on which such
failure occurs.
2. The Director may require, in accordance with regulations adopted by the Board,
reasonable and prudent monitoring of the turbidity level of receiving waters into which
discharges from land disturbing activities occur.
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3. Failure to perform turbidity monitoring or to submit monitoring results as
required under the state general permit(s) applicable to the project shall be a violation of
this article for each day on which such failure occurs or continues.
4. If any person commences any land-disturbing activity requiring a land disturbing
permit as described in this article without first obtaining said permit, the person shall be
in violation of this Article for each day on which such land disturbing activity occurs.
5. Conducting land-disturbing activity in any manner prohibited by or inconsistent
with the requirements of this article shall constitute a separate violation of this article for
each day on which such prohibited or inconsistent activity occurs or continues.
D. REQUIREMENTS:
The rules and regulations, ordinances, or resolutions adopted pursuant to this chapter and
O.C.G.A. §12-7-1 et. seq. for the purpose of governing land-disturbing activities shall
require, as a minimum, protections at least as stringent as the state general permit; and
best management practices, including sound conservation and engineering practices to
prevent and minimize erosion and resultant sedimentation, which are consistent with, and
no less stringent than, those practices contained in the Manual for Erosion and Sediment
Control in Georgia published by the Georgia Soil and Water Conservation Commission
as of January 1 of the year in which the land-disturbing activity was permitted, as well as
the following:
1. Stripping of vegetation, regrading and other development activities shall be
conducted in a manner so as to minimize erosion;
2. Cut-fill operations must be kept to a minimum;
3. Development plans must conform to topography and soil type so as to create the
lowest practicable erosion potential;
4. Whenever feasible, natural vegetation shall be retained, protected and
supplemented;
5. The disturbed area and the duration of exposure to erosive elements shall be kept
to a practicable minimum;
6. Disturbed soil shall be stabilized as quickly as practicable;
7. Temporary vegetation or mulching shall be employed to protect exposed critical
areas during development;
8. Permanent vegetation and structural erosion control practices shall be installed as
soon as practicable;
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9. To the extent necessary, sediment in run-off water must be trapped by the use of
debris basins, sediment basins, silt traps, or similar measures until the disturbed area is
stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a
condition of continuous compliance with the requirements of O.C.G.A. §12-7-1 et. seq.;
10. Adequate provisions must be provided to minimize damage from surface water to
the cut face of excavations or the sloping of fills;
11. Cuts and fills may not endanger adjoining property;
12. Fills may not encroach upon natural watercourses or constructed channels in a
manner so as to adversely affect other property owners;
13. Grading equipment must cross flowing streams by means of bridges or culverts
except when such methods are not feasible, provided, in any case, that such crossings are
kept to a minimum;
14. Land-disturbing activity plans for erosion, sedimentation and pollution control
shall include provisions for treatment or control of any source of sediments and adequate
sedimentation control facilities to retain sediments on-site or preclude sedimentation of
adjacent waters beyond the levels specified in Section IV B. 2. of this ordinance
E. BUFFERS:
1. Except as provided in O.C.G.A §12-7-6(b)(16) for trout streams, there is
established a 25 foot buffer along the banks of all state waters, as measured horizontally
from the point where vegetation has been wrested by normal stream flow or wave action,
except i) where the Director determines to allow a variance that is at least as protective of
natural resources and the environment, ii) where otherwise allowed by the Director
pursuant to O.C.G.A. §12-2-8, iii) where a drainage structure or a roadway drainage
structure must be constructed, provided that adequate erosion control measures are
incorporated in the project plans and specifications, and are implemented; or iv) along
any ephemeral stream. As used in this provision, the term 'ephemeral stream' means a
stream: that under normal circumstances has water flowing only during and for a short
duration after precipitation events; that has the channel located above the ground-water
table year round; for which ground water is not a source of water; and for which runoff
from precipitation is the primary source of water flow, Unless exempted as along an
ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article
5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall remain in force
unless a variance is granted by the Director as provided in this paragraph. The following
requirements shall apply to any such buffer:
(a) No land-disturbing activities shall be conducted within a buffer and a
buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing
activities on the construction site are completed. Once the final stabilization of the site is
achieved, a buffer may be thinned or trimmed of vegetation as long as a protective
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vegetative cover remains to protect water quality and aquatic habitat and a natural canopy
is left in sufficient quantity to keep shade on the stream bed; provided, however, that any
person constructing a single-family residence, when such residence is constructed by or
under contract with the owner for his or her own occupancy, may thin or trim vegetation
in a buffer at any time as long as protective vegetative cover remains to protect water
quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade
on the stream bed; and
(b) The buffer shall not apply to the following land-disturbing activities,
provided that they occur at an angle, as measured from the point of crossing, within 25
degrees of perpendicular to the stream; cause a width of disturbance of not more than 50
feet within the buffer; and adequate erosion control measures are incorporated into the
project plans and specifications and are implemented: (i) Stream crossings for water
lines; or (ii) Stream crossings for sewer lines; and
2. There is established a 50 foot buffer as measured horizontally from the point
where vegetation has been wrested by normal stream flow or wave action, along the
banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5
of Title 12, the “Georgia Water Quality Control Act", except where a roadway drainage
structure must be constructed ; provided, however, that small springs and streams
classified as trout streams which discharge an average annual flow of 25 gallons per
minute or less shall have a 25 foot buffer or they may be piped, at the discretion of the
landowner, pursuant to the terms of a rule providing for a general variance promulgated
by the Board, so long as any such pipe stops short of the downstream landowner’s
property and the landowner complies with the buffer requirement for any adjacent trout
streams. The Director may grant a variance from such buffer to allow land-disturbing
activity, provided that adequate erosion control measures are incorporated in the project
plans and specifications and are implemented. The following requirements shall apply to
such buffer:
(a) No land-disturbing activities shall be conducted within a buffer and a
buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing
activities on the construction site are completed. Once the final stabilization of the site is
achieved, a buffer may be thinned or trimmed of vegetation as long as a protective
vegetative cover remains to protect water quality and aquatic habitat and a natural canopy
is left in sufficient quantity to keep shade on the stream bed: provided, however, that any
person constructing a single–family residence, when such residence is constructed by or
under contract with the owner for his or her own occupancy, may thin or trim vegetation
in a buffer at any time as long as protective vegetative cover remains to protect water
quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade
on the stream bed; and
(b)The buffer shall not apply to the following land-disturbing activities, provided
that they occur at an angle, as measured from the point of crossing, within 25 degrees of
perpendicular to the stream; cause a width of disturbance of not more than 50 feet within
the buffer; and adequate erosion control measures are incorporated into the project plans
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and specifications and are implemented: (i) Stream crossings for water lines; or (ii)
Stream crossings for sewer lines.
F. LOCAL ISSUING AUTHORITY:
Nothing contained in O.C.G.A. 12-7-1 et. seq. shall prevent any Local Issuing Authority
from adopting rules and regulations, ordinances, or resolutions which contain stream
buffer requirements that exceed the minimum requirements in Section IV B. & C. of this
ordinance.
G. LAND-DISTURBING ACTIVITY:
The fact that land-disturbing activity for which a permit has been issued results in
injury to the property of another shall neither constitute proof of nor create a presumption
of a violation of the standards provided for in this ordinance or the terms of the permit
SECTION V
APPLICATION /PERMIT PROCESS
A. GENERAL:
The property owner, developer and designated planners and engineers shall design and
review before submittal the general development plans. The Local Issuing Authority shall
review the tract to be developed and the area surrounding it. They shall consult the
zoning ordinance, storm water management ordinance, subdivision ordinance, flood
damage prevention ordinance, this ordinance, and any other ordinances, rules, regulations
or permits, which regulate the development of land within the jurisdictional boundaries of
the Local Issuing Authority. However, the owner or operator with owner written consent
is the only party who may obtain a permit.
B. APPLICATION REQUIREMENTS:
1. No person shall conduct any land-disturbing activity within the jurisdictional
boundaries of Augusta Georgia without first obtaining a Land Development Permit
(LDA) from the Local Issuing Authority to perform such activity and providing a copy of
Notice of Intent submitted to EPD if applicable. This also applies to mass grading
activities at individual lots within a common development such as subdivision and a
builder shall obtain a Land Disturbing Permit as well as a building permit to commence
construction.
2. The application for a permit shall be submitted to the Local Issuing Authority and
must include the applicant’s erosion, sedimentation and pollution control plan with a
completed checklist and supporting data, as necessary. Said plans shall include, as a
minimum, the data specified in Section V C. of this ordinance. Erosion, sedimentation
and pollution control plans, together with supporting data, must demonstrate
affirmatively that the land disturbing activity proposed will be carried out in such a
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manner that the provisions of Section IV B. & C. of this ordinance will be met.
Applications for a permit will not be accepted unless accompanied by six (6) copies of
the applicant’s erosion, sedimentation and pollution control plans. All applications shall
contain a certification stating that the plan preparer or the designee thereof visited the site
prior to creation of the plan in accordance with EPD Rule 391-3-7-.10.
3. An administrative fee, in the amount of $5.00 per disturbed acre (or portion
thereof) shall be charged by the Local Issuing Authority for each project requiring a
permit under this article. The administrative fee shall be paid at the time the plan is
submitted to the Local Issuing Authority. In addition to the local permitting fees, fees will
also be assessed pursuant to paragraph (5) subsection (a) of O.C.G.A. §12-5-23, provided
that such fees shall not exceed $80.00 per acre of land-disturbing activity, and these fees
shall be calculated and paid by the primary permittee as defined in the state general
permit for each acre of land-disturbing activity included in the planned development or
each phase of development. All applicable fees shall be paid prior to issuance of the land
disturbance permit. In a jurisdiction that is certified pursuant to subsection (a) of
O.C.G.A. §12-7-8 half of such fees levied shall be submitted to the Division; except that
any and all fees due from an entity which is required to give notice pursuant to paragraph
(9) or (10) of O.C.G.A. §12-7-17 shall be submitted in full to the Division, regardless of
the existence of a Local Issuing Authority in the jurisdiction.
4. Immediately upon receipt of an application and plan for a permit, the Local
Issuing Authority shall refer the application and plan to the District for its review and
approval or disapproval concerning the adequacy of the erosion, sedimentation and
pollution control plan. The District shall approve or disapprove a plan within 35 days of
receipt. Failure of the District to act within 35 days shall be considered an approval of
the pending plan. The results of the District review shall be forwarded to the Local
Issuing Authority. No permit will be issued unless the plan has been approved by the
District, and any variances required by Section IV C. 15. & 16. has been obtained, all
fees have been paid, and bonding, if required as per Section V B.6., have been obtained.
Such review will not be required if the County and the District have entered into an
agreement which allows the County to conduct such review and approval of the plan
without referring the application and plan to the District. The Local Issuing Authority
with plan review authority shall approve or disapprove a revised Plan submittal within 35
days of receipt. Failure of the Local Issuing Authority with plan review authority to act
within 35 days shall be considered an approval of the revised Plan submittal.
5. Denial of Permit: If a permit applicant has had two or more violations of previous
permits, this ordinance section, or the Georgia Erosion and Sedimentation Act, as
amended, within three years prior to the date of filing the application under consideration,
the Local Issuing Authority may deny the permit application.
6. Bond Requirement: The Local Issuing Authority may require the permit
applicant to post a bond in the form of government security, cash, irrevocable letter of
credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction
thereof of the proposed land-disturbing activity, prior to issuing the permit. If the
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applicant does not comply with this section or with the conditions of the permit after
issuance, the Local Issuing Authority may call the bond or any part thereof to be forfeited
and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing
activity and bring it into compliance. These provisions shall not apply unless there is in
effect an ordinance or statute specifically providing for hearing and judicial review of any
determination or order of the Local Issuing Authority with respect to alleged permit
violations.
C. PLAN REQUIREMENTS:
1. Plans must be prepared to meet the minimum requirements as contained in
Section IV B. & C. of this ordinance, or through the use of more stringent, alternate
design criteria which conform to sound conservation and engineering practices. The
Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference
into this ordinance. The plan for the land-disturbing activity shall consider the
interrelationship of the soil types, geological and hydrological characteristics,
topography, watershed, vegetation, proposed permanent structures including roadways,
constructed waterways, sediment control and storm water management facilities, local
ordinances and State laws. Maps, drawings and supportive computations shall bear the
signature and seal of the certified design professional. Persons involved in land
development design, review, permitting, construction, monitoring, or inspections or any
land disturbing activity shall meet the education and training certification requirements,
dependent on his or her level of involvement with the process, as developed by the
Commission and in consultation with the Division and the Stakeholder Advisory Board
created pursuant to O.C.G.A. §12-7-20.
2. Data Required for Site Plan shall include all the information required from the
appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist
established by the Commission as of January 1 of the year in which the land-disturbing
activity was permitted. These check lists are included in this Ordinance by reference. A
filled copy of applicable checklist shall be submitted with the plan.
3. Maps, drawings, and supportive computations shall bear the signature/seal of
certified design professional.
4. Maintenance of all soil erosion and sedimentation control practices, whether
temporary or permanent, shall be at all times the responsibilities of the property owner.
5. Plot plans for single family homes on individual lots shall illustrate the best
management practice the contractor will implement during construction to prevent soil
erosion and damage to adjoining properties as result if erosion; the plot plan shall
illustrate the method for controlling onsite drainage and permanently stabilizing the
disturbed soil upon completion of construction. Onsite drainage shall be away from the
foundations through and towards a define drainage system. Direction of onsite flow to be
indicated by arrows. Plot plans also include contractor name, street name and property
address, lot dimensions drawn to scale, all easements, existing drainage features,
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structures footprints, building setback dimensions, BMPs to be implemented, offsite
system receiving onsite drainage, 100-year floodplain, sensitive areas including wetlands,
state water within 200 feet of the site, and applicable state water buffers. Aforementioned
BMPs and drainage requirements also apply to plot plans for individual lots that are part
of a larger common plan of development (such as residential or commercial subdivision).
D. PERMITS:
1. Permits shall be issued or denied as soon as practicable but in any event not later
than forty-five (45) days after receipt by the Local Issuing Authority of a completed
application, providing variances and bonding are obtained, where necessary and all
applicable fees have been paid prior to permit issuance. The permit shall include
conditions under which the activity may be undertaken.
2. No permit shall be issued by the Local Issuing Authority unless the erosion,
sedimentation and pollution control plan has been approved by the District and the Local
Issuing Authority has affirmatively determined that the plan is in compliance with this
ordinance, any variances required by Section IV C. 15. & 16. are obtained, bonding
requirements, if necessary, as per Section V B. 6. are met and all ordinances and rules
and regulations in effect within the jurisdictional boundaries of the Augusta, Georgia are
met. If the permit is denied, the reason for denial shall be furnished to the applicant.
3. Any land-disturbing activities by the Local Issuing Authority or the Augusta,
Georgia shall be subject to the same requirements of this ordinance, and any other
ordinances relating to land development, as are applied to private persons.
4. If the tract is to be developed in phases, then a separate permit shall be required
for each phase.
5. The permit may be suspended, revoked, or modified by the Local Issuing
Authority, as to all or any portion of the land affected by the plan, upon finding that the
land disturbing activity is not in compliance with the approved erosion and sedimentation
control plan or that the holder or his successor is in violation of this ordinance. A holder
of a permit shall notify any successor as to all or any portion of the land affected by the
approved plan of the conditions contained in the permit.
6. The Local Issuing Authority may reject a permit application if the applicant has
had two or more violations of previous permits or the Erosion and Sedimentation Act
permit requirements within three years prior to the date of the application, in light of
O.C.G.A. §12-7-7 (f) (1).
7. No permit shall be issued unless the applicant provides a statement by the
Richmond County Tax Commissioner certifying that all ad valorem taxes levied against
the property and due and owing have been paid.
Attachment number 1
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8. Approved ES&PC Plan is valid for two years from the date it was issued in
conjunction with the approved Site Plan or approved Development Plan. However, any
project that has not begun construction within one year of issuance of the Land
Disturbing Permit shall be required to submit an updated ES&PCP Plan for review and
approval. The updated ES&PCP Plan must be submitted 30 days prior to the anticipated
start of construction.
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SECTION VI
IN SPECTION AN D EN FORCEMEN T
A. The Augusta Engineering Department, as an extension of the Local Issuing Authority,
will periodically inspect the sites of land-disturbing activities for which permits have
been issued to determine if the activities are being conducted in accordance with the plan
and if the measures required in the plan are effective in controlling erosion and
sedimentation. Also, the Local Issuing Authority shall regulate primary, secondary and
tertiary permittees as such terms are defined in the state general permit. Primary
permittees shall be responsible for installation and maintenance of best management
practices where the primary permittee is conducting land-disturbing activities. Secondary
permittees shall be responsible for installation and maintenance of best management
practices where the secondary permittee is conducting land-disturbing activities. Tertiary
permittees shall be responsible for installation and maintenance where the tertiary
permittee is conducting land-disturbing activities. If, through inspection, it is deemed
that a person engaged in land-disturbing activities as defined herein has failed to comply
with the approved plan, with permit conditions, or with the provisions of this ordinance, a
written notice to comply shall be served upon that person. The notice shall set forth the
measures necessary to achieve compliance and shall state the time within which such
measures must be completed. If the person engaged in the land-disturbing activity fails
to comply within the time specified, he shall be deemed in violation of this ordinance.
1. Residential Construction of Individual Lots: The License and Inspection
Department will inspect for compliance with this Ordinance for residential construction
on individual lots. If a project is deemed not in compliance with the approved plot plan,
the contractor and builder will be issued a written notice to comply with the approved
plan. If the contractor/builder engaged in the land disturbing activity fails to comply
within the time specified, he shall be deemed in violation of this chapter.
B. The Local Issuing Authority must amend its ordinances to the extent appropriate within
twelve (12) months of any amendments to the Erosion and Sedimentation Act of 1975.
C. The Local Issuing Authority and Augusta Engineering Department, as an extension of the
LIA, shall have the power to conduct such investigations as it may reasonably deem
necessary to carry out duties as prescribed in this ordinance, and for this purpose to enter
at reasonable times upon any property, public or private, for the purpose of investigation
and inspecting the sites of land-disturbing activities.
D. No person shall refuse entry or access to any authorized representative or agent of the
Local Issuing Authority and Augusta Engineering Department, as an extension of the
LIA, the Commission, the District, or Division who requests entry for the purposes of
inspection, and who presents appropriate credentials, nor shall any person obstruct,
hamper or interfere with any such representative while in the process of carrying out his
official duties.
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E. The District or the Commission or both shall semi-annually review the actions of
counties and municipalities which have been certified as Local Issuing Authorities
pursuant to O.C.G.A. §12-7-8 (a). The District or the Commission or both may provide
technical assistance to any county or municipality for the purpose of improving the
effectiveness of the county’s or municipality’s erosion, sedimentation and pollution
control program. The District or the Commission shall notify the Division and request
investigation by the Division if any deficient or ineffective local program is found.
F. The Division may periodically review the actions of counties and municipalities which
have been certified as Local Issuing Authorities pursuant to §12-7-8 (a). Such review
may include, but shall not be limited to, review of the administration and enforcement of
a governing authority’s ordinance and review of conformance with an agreement, if any,
between the district and the governing authority. If such review indicates that the
governing authority of any county or municipality certified pursuant to O.C.G.A. §12-7-8
(a) has not administered or enforced its ordinances or has not conducted the program in
accordance with any agreement entered into pursuant to O.C.G.A. §12-7-7 (e), the
Division shall notify the governing authority of the county or municipality in writing.
The governing authority of any county or municipality so notified shall have 90 days
within which to take the necessary corrective action to retain certification as a Local
Issuing Authority. If the county or municipality does not take necessary corrective action
within 90 days after notification by the division, the division shall revoke the certification
of the county or municipality as a Local Issuing Authority.
SECTION VII
PEN ALTIES AN D IN CEN TIVES
A. REVOCATION OF AUTHORIZATIONS TO CONDUCT BUSINESS:
If any person commences any land-disturbing activity requiring a land-disturbing permit
as prescribed in this ordinance without first obtaining said permit, the person shall be
subject to revocation of his business license, work permit or other authorization for the
conduct of a business and associated work activities within the jurisdictional boundaries
of the Local Issuing Authority.
B. STOP-WORK ORDERS:
1. For the first and second violations of the provisions of this ordinance, the Director
or the Local Issuing Authority shall issue a written warning to the violator. A notice may
be in any written form, including without limitation, a memo, letter, directive or citation
to appear in Magistrate Court. The violator shall have five days to correct the violation.
If the violation is not corrected within five days, the Director or the Local Issuing
Authority shall issue a stop-work order requiring that land-disturbing activities be
stopped until necessary corrective action or mitigation has occurred; provided, however,
that, if the violation presents an imminent threat to public health or waters of the state or
if the land-disturbing activities are conducted without obtaining the necessary permit, the
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Director or the Local Issuing Authority shall issue an immediate stop-work order in lieu
of a warning;
2. For a third and each subsequent violation, the Director or the Local Issuing
Authority shall issue an immediate stop-work order; and;
3. All stop-work orders shall be effective immediately upon issuance and shall be in
effect until the necessary corrective action or mitigation has occurred. All such stop work
orders shall be effective immediately upon issuance and shall be in effect until the
necessary corrective action or mitigation has occurred. Such stop work orders shall apply
to all land-disturbing activity on the site with the exception of the installation and
maintenance of temporary or permanent erosion and sediment controls.
4. When a violation in the form of taking action without a permit, failure to maintain
a stream buffer, or significant amounts of sediment, as determined by the Local Issuing
Authority or by the Director or his or her Designee, have been or are being discharged
into state waters and where best management practices have not been properly designed,
installed, and maintained, a stop work order shall be issued by the the Local Issuing
Authority or by the Director or his or her Designee without issuing prior written notices.
All such stop work orders shall be effective immediately upon issuance and shall be in
effect until the necessary corrective action or mitigation has occurred. Such stop work
orders shall apply to all land-disturbing activity on the site with the exception of the
installation and maintenance of temporary or permanent erosion and sediment controls.
C. BOND FORFEITURE:
If the Local Issuing Authority determines that a person engaged in land-disturbing
activities at a project where a Bond was required pursuant to Section V has failed to
comply with the approved plan, the party responsible for the securing the bond shall be
deemed in violation of this Ordinance and a written warning notice to comply shall be
served upon that person. The warning notice shall set forth the measures necessary to
achieve compliance with the plan and shall state the time within which such measures
must be completed. If the person engaged in the land-disturbing activity fails to comply
within the time specified, in addition to other penalities applicable under this Ordinance,
he shall be deemed to have forfeited his performance bond. The Local Issuing Authority
may call the bond or any part thereof to be forfeited and use the proceeds to hire a
contractor to stabilize the site of the land-disturbing activity and bring it into compliance.
D. MONETARY PENALTIES:
1. Any person who violates any provisions of this ordinance, oorr aannyy permit condition
or limitation established pursuant to this ordinance, or who negligently or intentionally
fails or refuses to comply with any final or emergency order of the Director issued as
provided in this ordinance shall be liable for a civil penalty not to exceed $2,500.00 per
day. For the purpose of enforcing the provisions of this ordinance, the Magistrate Court
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of Richmond County is authorized under §O.C.G.A. 12-7-15 to impose penalty not to
exceed $2,500.00 for each violation. Each day during which violation or failure or
refusal to comply continues shall be a separate violation.
2. Under provision of this section, any person who continue to violate this
Ordinance, or knowingly and intentionally becoming a habitual violator on the same or
different site, will be liable for a civil penalty not to exceed $2,500.00 per day.
3. Penalties, less court costs, shall be returned to Augusta Georgia for depositing
into the NPDES account.
SECTION VIII
EDUCATION AN D CERTIFICATION
A. Persons involved in land development design, review, permitting, construction,
monitoring, or inspection or any land-disturbing activity shall meet the education and
training certification requirements, dependent on their level of involvement with the
process, as developed by the commission in consultation with the division and the
stakeholder advisory board created pursuant to O.C.G.A. §12-7-20.
B. For each site on which land-disturbing activity occurs, each entity or person acting as
either a primary, secondary, or tertiary permittee, as defined in the state general permit,
shall have as a minimum one person who is in responsible charge of erosion and
sedimentation control activities on behalf of said entity or person and meets the
applicable education or training certification requirements developed by the Commission
present on site whenever land-disturbing activities are conducted on that site. A project
site shall herein be defined as any land-disturbance site or multiple sites within a larger
common plan of development or sale permitted by an owner or operator for compliance
with the state general permit.
C. Persons or entities involved in projects not requiring a state general permit but otherwise
requiring certified personnel on site may contract with certified persons to meet the
requirements of this ordinance.
D. If a state general permittee who has operational control of land-disturbing activities for a
site has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A.
§12-7-19, then any person or entity involved in land-disturbing activity at that site and
operating in a subcontractor capacity for such permittee shall meet those educational
requirements specified in paragraph (4) of subsection (b) of O.C.G.A §12-7-19 and shall
not be required to meet any educational requirements that exceed those specified in said
paragraph.
SECTION IX
ADMIN ISTRATIVE APPEAL – JUDICIAL REVIEW
Attachment number 1
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A. ADMINISTRATIVE REMEDIES:
The suspension, revocation, modification or grant with condition of a permit by the Local
Issuing Authority, or the issuance of a stop-work order, or the determination to call a
bond pursuant to this Ordinance upon finding that the holder is not in compliance with
the approved erosion, sedimentation and Pollution control plan, or that the holder is in
violation of permit conditions, or that the holder is in violation of any ordinance, shall
entitle the person submitting the plan or holding the permit to a hearing before the
Augusta Commission within 30 days after receipt by the Local Issuing Authority of
written notice of appeal. A notice of appeal pursuant to this subsection must be delivered
to the clerk of the Augusta Georgia Commission within 20 days of the denial, suspension,
revocation, unilateral modification, grant with a condition of a permit, or notice of calling
a bond by the Local Issuing Authority, of the issuance of a stop-work order pursuant to
this Ordinance.
B. JUDICIAL REVIEW:
Any person, aggrieved by a decision or order of the Local Issuing Authority, after
exhausting his administrative remedies, shall have the right to appeal denovo to the
Superior Court of Richmond County, Georgia.
SECTION X
EFFECTIVITY, VALIDITY AN D LIABILITY
A. EFFECTIVITY:
This ordinance shall become effective on the _______ day of __________________,
2010; all Ordinance or part of ordinances in conflict with this Ordinance are hereby
repealed.
B. VALIDITY:
If any section, paragraph, clause, phrase, or provision of this ordinance shall be adjudged
invalid or held unconstitutional, such decisions shall not affect the remaining portions of
this ordinance.
C. LIABILITY:
1. Neither the approval of a plan under the provisions of this ordinance, nor the
compliance with provisions of this ordinance shall relieve any person from the
responsibility for damage to any person or property otherwise imposed by law nor
impose any liability upon the Local Issuing Authority, Augusta, Georgia or District for
damage to any person or property.
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2. The fact that a land-disturbing activity for which a permit has been issued results
in injury to the property of another shall neither constitute proof of nor create a
presumption of a violation of the standards provided for in this ordinance or the terms of
the permit.
3. No provision of this ordinance shall permit any persons to violate the Georgia
Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the
rules and regulations promulgated and approved thereunder or pollute any Waters of the
State as defined thereby.
Attachment number 1
Page 27 of 55
Item # 8
AUGUSTA-RICHMOND COUNTY, GEORGIA N0.Pg-1/2
Expiration: / / _
LAND DISTURBING ACTIVITY PERMIT APPLICATION
MAILING ADDRESS Augusta Engineering Department
525 TELFAIR STREET PHONE: (706)821-1796 send a copy to: 522 Greene STREET, Augusta. GA 30901
AUGUSTA, GA 30901 FAX: (706)821-1806 PHONE: (706)821-1706 FAX: (706)821-1708
PROJECT NAME:
PROJECT ADDRESS:TAX MAP: BLOCK: LOT: _
PROJECT TYPE: ( ) COMMERCIAL ( ) MULTIFAMILY ( ) SUBDIV ( ) GOVT/INSTITUTION ( ) ROW ONLY ( ) S/F ( ) OTHER
ACTIVITY TYPE: ( ) CLEARING & GRUBBING ( ) GRADING ( ) DEVELOPMENT
TOTAL & DISTURBED PROJECT ACRES: PROPOSED DATE OF CONSTRUCTION: _
PROPERTY OWNER OF RECORD:PHONE NUMBER: _
MAILING ADDRESS: _STATE/ZIP _
APPLICANT:PHONE NUMBER: _
MAILING ADDRESS:STATE/ZIP _
PHONE# & FAX#EMERGENCY PHONE NUMBER: _
ENGINEERING FIRM:FIRM CONTACT PERSON: _
24-HOUR CONTACT NAME & GSWCC CERT. #:PHONE NUMBER: _
24-HOUR CONTACT CELL # & Email: _FAX NUMBER: _
In accordance with Augusta Georgia Code of Ordinance 6947,
Sec. V(D)(6). If a permit applicant has had two or more violations of a previous permit or the Soil Erosion, Sediment & Pollution Control Ordinance, or
the Georgia Erosion and Sedimentation Control Act, as amended, within three years prior to the date of filing of the application under consideration,
the County may deny application for a permit.
Sec. V(B)6 . The County may require the permit application to post a Performance Bond in the form of government security, cash, irrevocable letter of credit,
or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing a permit.
If the applicant does not comply with this ordinance of with conditions of the permit after issuance the county may call the bond or any part thereof to be
OW
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If the applicant does not comply with this ordinance of with conditions of the permit after issuance, the county may call the bond or any part thereof to be
forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.
Sec. V(D)(5) The permit may be suspended, revoked, or modified by the county, as to all or any portion of the land effected by the plan, upon a finding that
the land disturbing activity is not in compliance with the approved erosion, sedimentation & pollution control plan or that the holder or his successor
is in violation of the Soil Erosion, Sediment & Pollution Control Ordinance . A holder of an LDA permit shall notify any successor as to all or any portion of
land covered by the LDA permit about the conditions and requirements of the permit.
I hereby certify that the information provided herein is true, correct and complete to the best of my knowledge. I further certify that I have read
the stipulations in this application and that I, and/or the entity I represent, as applicable, will be subject to these stipulations if a permit is issued.
Subscribed and Sworn before me on ______day of ______20_____
Date: / / _
Applicant Signature: Property Owner or Owner's Authorized Representative Notary Public Commission Expire
APPLICATION FEE: RECEIVED BY: APPLICATION DATE: / / _
APPLICATION: ( ) APPROVED ( ) APPROVED WITH CONDITIONS* ( ) DISAPPROVED
[Augusta Georgia Ordinance 6947: Sec V(B)(5)]
SPECIAL REQUIREMENTS:
1- This Permit is valid only after signed by both ARCPC Representative & AED Director (or designee).
2- E&SC Bond Required (irrevocable letter of credit) NO ( ) YES ( ) Amount $______________
3- No site work shall begin until after pre-construction meeting is held by the Augusta Engineering Department
4- A copy of filed NOI with proof of applied payment shall be submitted to AED prior to requesting pre-construction meeting
5- This permit is non transferrable
APROVAL CONDITIONS:
ARCPC REPRESENTATIVE Date COUNTY ENGINEER (or DESIGNEE)DATE
ES&PC Plan Approval Date ____________ E&S Review N0.__________
NOI FEE: NO ( ) YES ( ) PAID: YES( ) NO( ) DATE PAID: RECEIVED BY _
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REQUIRED ATTACHMENTS: Approved Erosion, Sediment & Pollition Control Plan and Approved Development Plan
Attachment number 1
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Item # 8
AUGUSTA-RICHMOND COUNTY, GEORGIA
LAND DISTURBING ACTIVITIES PERMIT APPLICATION Pg-2/2
General Conditions
(i) In accordance with the provision of the Augusta Georgia Soil Erosion, Sedimentation and Pollution Control Ordinance 6947 and the Rules of the
Georgia Department of Natural Resources, Chapter 391-3-7, Erosion and Sedimentation Control, both as amended, this permit is issued
for the land disturbing activity as described hereon and presented in the attached Approved Erosion, Sedimentation and Pollution Control Plan.
(ii) Projects that include the impoundment of water or the construction of a pond, the owner hereby agrees and does by these presents, indemnify
and hold harmless Augusta Georgia from and against any and all claims, demands, suites. Judgments, or chooses-in-action which may
be a third party against Augusta Georgia, as a result of the impoundment of water or the construction of a pond covered by this permit.
(iii) Applicant indemnifies and holds the Augusta Georgia and its officers, agents, and employees against any and all claims, damages,
demands, actions, causes of action, costs and expenses of whatsoever nature, which may result from any injury, death, loss or damage arises
out of the construction, operation, maintenance, repair, removal or relocation of the facilities covered by this permit.
(iv) Applicant is responsible for submitting all applicable plans, reports, and/or drawings.
(v) Applicant is responsible for obtaining any additional permits required by Georgia DOT, GA EPD, GA DNR, USACE &/or other government
agencies.
(vi) This permit is subject to modification or revocation on a finding of noncompliance with any of the provision of the Augusta Georgia Soil Erosion,
Sedimentation & Pollution Control Ordinance, and/or Erosion and Sedimentation Act of 1975, as amended, or any of the rules promulgated pursuant
thereto; or with any representation made on the attached thereto.
(vii) Unless otherwise exempted, person engaged in land-disturbing activities shall apply erosion, sedimentation and pollution control measures which
conform to the specifications contained in the current version of the "Manual for Erosion and Sediment Control in Georgia" (also known as the
"Green Book") published by State Soil and Water Conservation Commission.
(viii) This permit is effective until completion of the aforementioned land disturbing activity. However, if the land disturbing activity does not
commence within twenty-four (24) months from date issued, this permit will become null and void.
General Notes
(i) Provide copy of NOI and associated Fee Payment Prior to Pre-construction meeting held by Augusta Engineering Department
(ii) Submit Notice of Termination by State General Permit by return receipt certified mail (or similar) service) to the
approprate EPD District Office and a copy to the Augusta Engineering Department
(iii) Lot(s) development/construction in a Common Development (Subdivision), Submit Notice of Inetent and Termination as Secondary Permittee by
St t G l P it b t i t tifi d il ( i il ) i ) t th t EPD Di t i t Offi dState General Permit by return receipt certified mail (or similar) service) to the approprate EPD District Office and
a copy to the Augusta Engineering Department.
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Exhibit “B”
REPLACE WITH:
Attachment number 1
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Title 4, Public Health, Section 2, Health and Sanitation, Article 7
Soil Erosion, Sedimentation and Pollution Control Ordinance
SECTION I
TITLE
This ordinance will be known as “Augusta Georgia Soil Erosion, Sedimentation and Pollution
Control Ordinance.”
SECTION II
DEFIN ITION S
The following definitions shall apply in the interpretation and enforcement of this ordinance,
unless otherwise specifically stated:
A. DEFINITIONS:
1. Best Management Practices (BMPs):
(a) These include sound conservation and engineering practices to prevent and
minimize erosion and resultant sedimentation, which are consistent with, and no less
stringent than, those practices contained in the “Manual for Erosion and Sediment
Control in Georgia” published by the Commission as of January 1st of the year in which
the land-disturbing activity was permitted.
(b) Best Management Practice also include, but are not limited to design
specifications from the most recent publication of Georgia Stormwater Management
Manual Published by Atlanta Regional Commission.
2. Board: The Board of Natural Resources.
3. Buffer: The area of land immediately adjacent to the banks of state waters in its
natural state of vegetation, which facilitates the protection of water quality and aquatic
habitat.
4. Certified Personnel: A person who has successfully completed the appropriate
certification course approved by the Georgia Soil and Water Conservation Commission.
5. Commission: The Georgia Soil and Water Conservation Commission (GSWCC).
6. CPESC: Certified Professional in Erosion and Sediment Control with current
certification by Certified Profession in Erosion and Sediment Control, Inc., a corporation
registered in North Carolina, which is also referred to as CPESC or CPESC, Inc.
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7. Cut: A portion of land surface or area from which earth has been removed or will
be removed by excavation; the depth below original ground surface to the excavated
surface. Also known as excavation.
8. Department: The Georgia Department of Natural Resources (DNR).
9. Design Professional: A professional licensed by the State of Georgia in the field of:
engineering, architecture, landscape architecture, forestry, geology, or land surveying; or
a person that is a Certified Professional in Erosion and Sediment Control (CPESC) with a
current certification by Certified Professional in Erosion and Sediment Control, Inc.
10. Developer: Refer to the person and persons, a cooperation, or other business
applying for a permit to undertake land-disturbing activity and performing development
within the scope of this ordinance.
11. Development: Refer to any activity which would alter the elevation of the land,
remove or destroy plant life, cause a structure of any kind to be installed, erected, or
removed, or a change of any kind from existing condition.
12. Director: The Director of the Environmental Protection Division or an authorized
representative.
13. District: The Brier Creek Soil and Water Conservation District.
14. Division: The Environmental Protection Division (EPD) of the Department of
Natural Resources.
15. Drainage Structure: A device composed of a virtually non-erodible material such
as concrete, steel, plastic or other such material that conveys water from one place to
another by intercepting the flow and carrying it to a release point for storm water
management, drainage control, or flood control purposes.
16. Erosion: The process by which land surface is worn away by the action of wind,
water, ice or gravity.
17. Erosion, Sedimentation and Pollution Control Plan: A plan required by the
Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum,
protections at least as stringent as the State General Permit, best management practices,
and requirements in section IV.D.&E. of this ordinance.
18. Fill: A portion of land surface to which soil or other solid material has been added;
the depth above the original ground surface or an excavation.
19. Final Stabilization: All soil disturbing activities at the site have been completed,
and that for unpaved areas and areas not covered by permanent structures and areas
located outside the waste disposal limits of a landfill cell that has been certified by EPD
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for waste disposal, 100% of the soil surface is uniformly covered in permanent vegetation
with a density of 70% or greater, or equivalent permanent stabilization measures (such as
the use of rip rap, gabions, permanent mulches or geotextiles) have been used.
Permanent vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of
perennial vegetation appropriate for the time of year and region; or a crop of annual
vegetation and a seeding of target crop perennials appropriate for the region. Final
stabilization applies to each phase of construction.
20. Finished Grade: The final elevation and contour of the ground after cutting or
filling and conforming to the proposed design.
21. Grading: Altering the shape of ground surfaces to a predetermined condition; this
includes stripping, cutting, filling, stockpiling and shaping or any combination thereof
and shall include the land in its cut or filled condition.
22. Ground Elevation: The original elevation of the ground surface prior to cutting or
filling.
23. Land-Disturbing Activity: Any activity which may result in soil erosion from
water or wind and the movement of sediments into state waters or onto lands within the
state, including, but not limited to, clearing, dredging, grading, excavating, transporting,
and filling of land but not including agricultural practices as described in Section III,
Paragraph 5.
24. Larger Common Plan of Development or Sale: A contiguous area where multiple
separate and distinct construction activities are occurring under one plan of development
or sale. For the purposes of this paragraph, “plan” means an announcement; piece of
documentation such as a sign, public notice or hearing, sales pitch, advertisement,
drawing, permit application, zoning request, or computer design; or physical demarcation
such as boundary signs, lot stakes, or surveyor markings, indicating that construction
activities may occur on a specific plot.
25. Local Issuing Authority: The governing authority of any county or municipality
which is certified pursuant to subsection (a) O.C.G.A. 12-7-8. The LIA in Augusta is the
Executive Director of the Augusta-Richmond County Planning Commission and the
Engineering Department is an extension of the LIA with respect to plan review and
enforcement.
26. Metropolitan River Protection Act (MRPA): A state law referenced as
O.C.G.A. 12-5-440 et. seq., which addresses environmental and developmental matters in
certain metropolitan river corridors and their drainage basins.
27. Mulching: Refers to the application of plant or other suitable materials in the soil
surface to conserve moisture, hold the soil in place, and aid in establishing plant cover.
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28. N atural Ground Surface: The ground surface in its original state before any
grading, excavation or filling.
29. N ephelometric Turbidity Units (N TU): Numerical units of measure based upon
photometric analytical techniques for measuring the light scattered by finely divided
particles of a substance in suspension. This technique is used to estimate the extent of
turbidity in water in which colloidally dispersed or suspended particles are present.
30. N OI: A Notice of Intent form provided by EPD for coverage under the State
General Permit.
31. N OT: A Notice of Termination form provided by EPD to terminate coverage
under the State General Permit.
32. One Hundred Year Floodplain: Land in the floodplain subject to a one (1)
percent or greater statistical occurrence probability of flooding in any given year (also
referred to as “area of the 1% annual chance flood” on Augusta’s Flood Insurance Rate
Maps – effective date September 25, 2009).
33. Operator: The party or parties that have: (A) operational control of construction
project plans and specifications, including the ability to make modifications to those
plans and specifications; or (B) day-to-day operational control of those activities that are
necessary to ensure compliance with an erosion, sedimentation and pollution control plan
for the site or other permit conditions, such as a person authorized to direct workers at a
site to carry out activities required by the erosion, sedimentation and pollution control
plan or to comply with other permit conditions.
34. Outfall: The location where storm water in a discernible, confined and discrete
conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a
point source discharging into that receiving water.
35. Permit: The authorization necessary to conduct a land-disturbing activity under
the provisions of this ordinance.
36. Person: Any individual, partnership, firm, association, joint venture, public or
private corporation, trust, estate, commission, board, public or private institution, utility,
cooperative, state agency, municipality or other political subdivision of the State of
Georgia, any interstate body or any other legal entity.
37. Planning Commission: The Augusta-Richmond County Planning Commission.
38. Phase or Phased: Sub-parts or segments of construction projects where the sub-
part or segment is constructed and stabilized prior to completing construction activities
on the entire construction site.
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39. Project: The entire proposed development project regardless of the size of the
area of land to be disturbed.
40. Properly Designed: Designed in accordance with the design requirements and
specifications contained in the “Manual for Erosion and Sediment Control in Georgia”
(Manual) published by the Georgia Soil and Water Conservation Commission as of
January 1 of the year in which the land-disturbing activity was permitted and
amendments to the Manual as approved by the Commission up until the date of NOI
submittal.
41. Roadway Drainage Structure: A device such as a bridge, culvert, or ditch,
composed of a virtually non-erodible material such as concrete, steel, plastic, or other
such material that conveys water under a roadway by intercepting the flow on one side of
a traveled roadway consisting of one or more defined lanes, with or without shoulder
areas, and carrying water to a release point on the other side.
42. Sediment: Solid material, both organic and inorganic, that is in suspension, is
being transported, or has been moved from its site of origin by wind, water, ice, or
gravity as a product of erosion.
43. Sedimentation: The process by which eroded material is transported and
deposited by the action of water, wind, ice or gravity.
44. Soil and Water Conservation District Approved Plan: An erosion,
sedimentation and pollution control plan approved in writing by the Brier Creek Soil and
Water Conservation District or LIA under MOA with Brier Creek Soil and Water
Conservation District.
45. Stabilization: The process of establishing an enduring soil cover of vegetation by
the installation of temporary or permanent structures for the purpose of reducing to a
minimum the erosion process and the resultant transport of sediment by wind, water, ice
or gravity.
46. State General Permit: The National Pollution Discharge Elimination System
(NPDES) general permit or permits for storm water runoff from construction activities as
is now in effect or as may be amended or reissued in the future pursuant to the state’s
authority to implement the same through federal delegation under the Federal Water
Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of
§12-5-30.
47. State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs,
ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water,
natural or artificial, lying within or forming a part of the boundaries of Georgia which are
not entirely confined and retained completely upon the property of a single individual,
partnership, or corporation.
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48. Stream bank: The confining cut of a stream channel usually identified as the
point where the normal stream flow has wrested the vegetation. For non-trout waters, the
normal stream flow is any stream flow that consists solely of base flow or consists of
both base flow and direct runoff during any period of the year. Base flow results from
groundwater that enters the stream channel through the soil. This includes flows into
streams. Direct runoff is the water entering stream channels promptly after rainfalls or
snow melts.
49. Structural Erosion, Sedimentation and Pollution Control Practices: Practices
for the stabilization of erodible or sediment-producing areas by utilizing the mechanical
properties of matter for the purpose of either changing the surface of the land or storing,
regulating or disposing of runoff to prevent excessive sediment loss. Examples of
structural erosion and sediment control practices are riprap, sediment basins, dikes, level
spreaders, waterways or outlets, diversions, grade stabilization structures and sediment
traps, etc. Such practices can be found in the publication Manual for Erosion and
Sediment Control in Georgia.
50. Trout Streams: All streams or portions of streams within the watershed as
designated by the Wildlife Resources Division of the Georgia Department of Natural
Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-
5-20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at
www.gaepd.org. Streams designated as primary trout waters are defined as water
supporting a self- sustaining population of rainbow, brown or brook trout. Streams
designated as secondary trout waters are those in which there is no evidence of natural
trout reproduction, but are capable of supporting trout throughout the year. First order
trout waters are streams into which no other streams flow except springs.
51. Vegetative Erosion and Sedimentation Control Measures: Measures for the
stabilization of erodible or sediment-producing areas by covering the soil with:
(a) Permanent seeding, sprigging or planting, producing long-term vegetative
cover, or
(b) Temporary seeding, producing short-term vegetative cover; or
(c) Sodding, covering areas with a turf of perennial sod-forming grass.
Such measures can be found in the publication Manual for Erosion and Sediment Control
in Georgia.
52. Watercourse: Any natural or artificial watercourse, stream, river, creek, channel,
ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water
flows either continuously or intermittently and which has a definite channel, bed and
banks, and including any area adjacent thereto subject to inundation by reason of
overflow or floodwater.
53. Water Quality: The chemical, physical, and biological characteristics of the
State’s water resources.
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54. Wetlands: Those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal
circumstances do support a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas
SECTION III
EXEMPTION S
(a) This ordinance shall apply to any land-disturbing activity undertaken by any person on
any land within the jurisdiction of the Local Issuing Authority except and to the extent
exempted by O.C.G.A. §12-4-17 and as provided under following subsection:
1. Surface mining, as the same is defined in O.C.G.A. §12-4-72, "The Georgia
Surface Mining Act of 1968".
2. Granite quarrying and land clearing for such quarrying;
3. Such minor land-disturbing activities as home gardens and individual home
landscaping, repairs, maintenance work, fences, and other related activities which result
in minor soil erosion;
4. The construction of single-family residences, when such construction disturbs less
than one (1) acre and is not a part of a larger common plan of development or sale with a
planned disturbance of equal to or greater than one (1) acre and not otherwise exempted
under this paragraph; provided, however, that construction of any such residence shall
conform to the minimum requirements as set forth in Section IV of this Ordinance
O.C.G.A. §12-7-6 and this paragraph. For single-family residence construction covered
by the provisions of this paragraph, there shall be a buffer zone between the residence
and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the
Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing activity
shall be constructed between the residence and the point where vegetation has been
wrested by normal stream flow or wave action from the banks of the trout waters. For
primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance
to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be
at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet.
Regardless of whether a trout stream is primary or secondary, for first order trout waters,
which are streams into which no other streams flow except for springs, the buffer shall be
at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The
minimum requirements of subsection (b) of O.C.G.A. §12-7-6 and the buffer zones
provided by this paragraph shall be enforced by the Local Issuing Authority;
5. Agricultural operations as defined in O.C.G.A. §1-3-3, "definitions", to include
raising, harvesting or storing of products of the field or orchard; feeding, breeding or
managing livestock or poultry; producing or storing feed for use in the production of
livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits
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or for use in the production of poultry, including but not limited to chickens, hens and
turkeys; producing plants, trees, fowl, or animals; the production of aqua culture,
horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and
farm ponds;
6. Forestry land management practices, including harvesting; provided, however,
that when such exempt forestry practices cause or result in land-disturbing or other
activities otherwise prohibited in a buffer, as established in Section IV.E. of this
ordinance, no other land-disturbing activities, except for normal forest management
practices, shall be allowed on the entire property upon which the forestry practices were
conducted for a period of three (3) years after completion of such forestry practices;
7. Any project carried out under the technical supervision of the Natural Resources
Conservation Service (NRCS) of the United States Department of Agriculture;
8. Any project involving less than one (1) acre of disturbed area; provided, however,
that this exemption shall not apply to any land-disturbing activity within a larger common
plan of development or sale with a planned disturbance of equal to or greater than one (1)
acre or within 200 feet of the bank of any state waters, and for purposes of this paragraph,
“State Waters” excludes channels and drainage ways which have water in them only
during and immediately after rainfall events and intermittent streams which do not have
water in them year-round; provided, however, that any person responsible for a project
which involves less than one (1) acre, which involves land-disturbing activity, and which
is within 200 feet of any such excluded channel or drainage way, must prevent sediment
from moving beyond the boundaries of the property on which such project is located and
provided, further, that nothing contained herein shall prevent the Local Issuing Authority
from regulating any such project which is not specifically exempted by paragraphs 1, 2,
3, 4, 5, 6, 7, 9 or 10 of this section;
9. Construction or maintenance projects, or both, undertaken or financed in whole or
in part, or both, by the Department of Transportation, the Georgia Highway Authority, or
the State Road and Tollway Authority; or any road construction or maintenance project,
or both, undertaken by any county or municipality; provided, however, that construction
or maintenance projects of the Department of Transportation or the State Road and
Tollway Authority which disturb one or more contiguous acres of land shall be subject to
provisions of O.C.G.A. §12-7-7.1; except where the Department of Transportation, the
Georgia Highway Authority, or the State Road and Tollway Authority is a secondary
permittee for a project located within a larger common plan of development or sale under
the state general permit, in which case a copy of a notice of intent under the state general
permit shall be submitted to the Local Issuing Authority, the Local Issuing Authority
shall enforce compliance with the minimum requirements set forth in O.C.G.A. §12-7-6
as if a permit had been issued, and violations shall be subject to the same penalties as
violations by permit holders.
10. Any land-disturbing activities conducted by any electric membership corporation
or municipal electrical system or any public utility under the regulatory jurisdiction of the
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Public Service Commission, any utility under the regulatory jurisdiction of the Federal
Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36-
18-1, or any agency or instrumentality of the United States engaged in the generation,
transmission, or distribution of power; except where an electric membership corporation
or municipal electrical system or any public utility under the regulatory jurisdiction of the
Public Service Commission, any utility under the regulatory jurisdiction of the Federal
Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36-
18-1, or any agency or instrumentality of the United states engaged in the generation,
transmission, or distribution of power is a secondary permittee for a project located
within a larger common plan of development or sale under the state general permit, in
which case the Local Issuing Authority shall enforce compliance with the minimum
requirements set forth in O.C.G.A. 12-7-6 as if a permit had been issued, and violations
shall be subject to the same penalties as violations by permit holders; and
11. Any public water system reservoir:
(b) The following projects are exempt from the permit requirements of section V of this
article by O.C.G.A. §12-4-17, however, any land disturbing activities conducted as part
of any such project shall submit individual lot drainage plan including proposed changes
in lot grade to the Augusta Engineering Department prior to getting a building permit and
conform to the minimum requirements as set forth in section IV of this article, including,
but not limited to, the implementation of BMPs.
(1) The construction of a single-family residence or commercial lot or institutional
lot, when such construction disturbs less than one acre and is not a part of a larger
common plan of development or sale with a planned disturbance of equal to or greater
than one acre and not otherwise exempted under this section.
SECTION IV
MIN IMUM REQUIREMEN TS FOR EROSION , SEDIMEN TATION AN D POLLUTION
CON TROL USIN G BEST MAN AGEMEN T PRACTICES
A. GENERAL PROVISIONS:
Excessive soil erosion and resulting sedimentation can take place during land-disturbing
activities if requirements of the ordinance and the NPDES General Permit are not met.
Therefore, plans for those land-disturbing activities which are not exempted by this
ordinance shall contain provisions for application of soil erosion, sedimentation and
pollution control measures and practices. The provisions shall be incorporated into the
erosion, sedimentation and pollution control plans. Soil erosion, sedimentation and
pollution control measures and practices shall conform to the minimum requirements of
Section IV.B. D. & E. of this ordinance. The application of measures and practices shall
apply to all features of the site, including street and utility installations, drainage facilities
and other temporary and permanent improvements. Measures shall be installed to
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prevent or control erosion, sedimentation and pollution during all stages of any land-
disturbing activity in accordance with requirements of this ordinance and the NPDES
General Permit
B. MINIMUM REQUIREMENTS/ BMPs/MONITORING REQUIREMENTS:
1. Best management practices as set forth in Section IV.B. D. & E. of this ordinance
shall be required for all land-disturbing activities. Proper design, installation, and
maintenance of best management practices shall constitute a complete defense to any
action by the Director or to any other allegation of noncompliance with paragraph (2) of
this subsection or any substantially similar terms contained in a permit for the discharge
of storm water issued pursuant to subsection (f) of O.C.G.A. §12-5-30, the "Georgia
Water Quality Control Act". As used in this subsection the terms "proper design” and
“properly designed” mean designed in accordance with the hydraulic design
specifications contained in the “Manual for Erosion and Sediment Control in Georgia”
specified in O.C.G.A. §12-7-6 subsection (b).
2. A discharge of storm water runoff from disturbed areas where best management
practices have not been properly designed, installed, and maintained shall constitute a
separate violation of any land-disturbing permit issued by a local Issuing Authority or of
any state general permit issued by the Division pursuant to subsection (f) of O.C.G.A.
§12-5-30, the "Georgia Water Quality Control Act", for each day on which such
discharge results in the turbidity of receiving waters being increased by more than
twenty-five (25) nephelometric turbidity units for waters supporting warm water
fisheries or by more than ten (10) nephelometric turbidity units for waters classified as
trout waters. The turbidity of the receiving waters shall be measured in accordance with
guidelines to be issued by the Director. This paragraph shall not apply to any land
disturbance associated with the construction of single family homes which are not part of
a larger common plan of development or sale unless the planned disturbance for such
construction is equal to or greater than five (5) acres.
C. VIOLATIONS:
1. Failure to properly design, install, or maintain best management practices shall
constitute a violation of any land-disturbing permit issued by a Local Issuing Authority or
of any state general permit issued by the Division pursuant to subsection (f) of Code
Section 12-5-30, the "Georgia Water Quality Control Act", for each day on which such
failure occurs.
2. The Director may require, in accordance with regulations adopted by the Board,
reasonable and prudent monitoring of the turbidity level of receiving waters into which
discharges from land disturbing activities occur.
3. Failure to perform turbidity monitoring or to submit monitoring results as
required under the state general permit(s) applicable to the project shall be a violation of
this article for each day on which such failure occurs or continues.
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4. If any person commences any land-disturbing activity requiring a land disturbing
permit as described in this article without first obtaining said permit, the person shall be
in violation of this Article for each day on which such land disturbing activity occurs.
5. Conducting land-disturbing activity in any manner prohibited by or inconsistent
with the requirements of this article shall constitute a separate violation of this article for
each day on which such prohibited or inconsistent activity occurs or continues.
D. REQUIREMENTS:
The rules and regulations, ordinances, or resolutions adopted pursuant to this chapter and
O.C.G.A. §12-7-1 et. seq. for the purpose of governing land-disturbing activities shall
require, as a minimum, protections at least as stringent as the state general permit; and
best management practices, including sound conservation and engineering practices to
prevent and minimize erosion and resultant sedimentation, which are consistent with, and
no less stringent than, those practices contained in the Manual for Erosion and Sediment
Control in Georgia published by the Georgia Soil and Water Conservation Commission
as of January 1 of the year in which the land-disturbing activity was permitted, as well as
the following:
1. Stripping of vegetation, regrading and other development activities shall be
conducted in a manner so as to minimize erosion;
2. Cut-fill operations must be kept to a minimum;
3. Development plans must conform to topography and soil type so as to create the
lowest practicable erosion potential;
4. Whenever feasible, natural vegetation shall be retained, protected and
supplemented;
5. The disturbed area and the duration of exposure to erosive elements shall be kept
to a practicable minimum;
6. Disturbed soil shall be stabilized as quickly as practicable;
7. Temporary vegetation or mulching shall be employed to protect exposed critical
areas during development;
8. Permanent vegetation and structural erosion control practices shall be installed as
soon as practicable;
9. To the extent necessary, sediment in run-off water must be trapped by the use of
debris basins, sediment basins, silt traps, or similar measures until the disturbed area is
stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a
condition of continuous compliance with the requirements of O.C.G.A. §12-7-1 et. seq.;
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10. Adequate provisions must be provided to minimize damage from surface water to
the cut face of excavations or the sloping of fills;
11. Cuts and fills may not endanger adjoining property;
12. Fills may not encroach upon natural watercourses or constructed channels in a
manner so as to adversely affect other property owners;
13. Grading equipment must cross flowing streams by means of bridges or culverts
except when such methods are not feasible, provided, in any case, that such crossings are
kept to a minimum;
14. Land-disturbing activity plans for erosion, sedimentation and pollution control
shall include provisions for treatment or control of any source of sediments and adequate
sedimentation control facilities to retain sediments on-site or preclude sedimentation of
adjacent waters beyond the levels specified in Section IV B. 2. of this ordinance
E. BUFFERS:
1. Except as provided in O.C.G.A §12-7-6(b)(16) for trout streams, there is
established a 25 foot buffer along the banks of all state waters, as measured horizontally
from the point where vegetation has been wrested by normal stream flow or wave action,
except i) where the Director determines to allow a variance that is at least as protective of
natural resources and the environment, ii) where otherwise allowed by the Director
pursuant to O.C.G.A. §12-2-8, iii) where a drainage structure or a roadway drainage
structure must be constructed, provided that adequate erosion control measures are
incorporated in the project plans and specifications, and are implemented; or iv) along
any ephemeral stream. As used in this provision, the term 'ephemeral stream' means a
stream: that under normal circumstances has water flowing only during and for a short
duration after precipitation events; that has the channel located above the ground-water
table year round; for which ground water is not a source of water; and for which runoff
from precipitation is the primary source of water flow, Unless exempted as along an
ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article
5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall remain in force
unless a variance is granted by the Director as provided in this paragraph. The following
requirements shall apply to any such buffer:
(a) No land-disturbing activities shall be conducted within a buffer and a
buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing
activities on the construction site are completed. Once the final stabilization of the site is
achieved, a buffer may be thinned or trimmed of vegetation as long as a protective
vegetative cover remains to protect water quality and aquatic habitat and a natural canopy
is left in sufficient quantity to keep shade on the stream bed; provided, however, that any
person constructing a single-family residence, when such residence is constructed by or
under contract with the owner for his or her own occupancy, may thin or trim vegetation
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in a buffer at any time as long as protective vegetative cover remains to protect water
quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade
on the stream bed; and
(b) The buffer shall not apply to the following land-disturbing activities,
provided that they occur at an angle, as measured from the point of crossing, within 25
degrees of perpendicular to the stream; cause a width of disturbance of not more than 50
feet within the buffer; and adequate erosion control measures are incorporated into the
project plans and specifications and are implemented: (i) Stream crossings for water
lines; or (ii) Stream crossings for sewer lines; and
2. There is established a 50 foot buffer as measured horizontally from the point
where vegetation has been wrested by normal stream flow or wave action, along the
banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5
of Title 12, the “Georgia Water Quality Control Act", except where a roadway drainage
structure must be constructed ; provided, however, that small springs and streams
classified as trout streams which discharge an average annual flow of 25 gallons per
minute or less shall have a 25 foot buffer or they may be piped, at the discretion of the
landowner, pursuant to the terms of a rule providing for a general variance promulgated
by the Board, so long as any such pipe stops short of the downstream landowner’s
property and the landowner complies with the buffer requirement for any adjacent trout
streams. The Director may grant a variance from such buffer to allow land-disturbing
activity, provided that adequate erosion control measures are incorporated in the project
plans and specifications and are implemented. The following requirements shall apply to
such buffer:
(a) No land-disturbing activities shall be conducted within a buffer and a
buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing
activities on the construction site are completed. Once the final stabilization of the site is
achieved, a buffer may be thinned or trimmed of vegetation as long as a protective
vegetative cover remains to protect water quality and aquatic habitat and a natural canopy
is left in sufficient quantity to keep shade on the stream bed: provided, however, that any
person constructing a single–family residence, when such residence is constructed by or
under contract with the owner for his or her own occupancy, may thin or trim vegetation
in a buffer at any time as long as protective vegetative cover remains to protect water
quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade
on the stream bed; and
(b)The buffer shall not apply to the following land-disturbing activities, provided
that they occur at an angle, as measured from the point of crossing, within 25 degrees of
perpendicular to the stream; cause a width of disturbance of not more than 50 feet within
the buffer; and adequate erosion control measures are incorporated into the project plans
and specifications and are implemented: (i) Stream crossings for water lines; or (ii)
Stream crossings for sewer lines.
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F. LOCAL ISSUING AUTHORITY:
Nothing contained in O.C.G.A. 12-7-1 et. seq. shall prevent any Local Issuing Authority
from adopting rules and regulations, ordinances, or resolutions which contain stream
buffer requirements that exceed the minimum requirements in Section IV.B. D. & E. of
this ordinance.
G. LAND-DISTURBING ACTIVITY:
The fact that land-disturbing activity for which a permit has been issued results in
injury to the property of another shall neither constitute proof of nor create a presumption
of a violation of the standards provided for in this ordinance or the terms of the permit.
SECTION V
APPLICATION /PERMIT PROCESS
A. GENERAL:
The property owner, developer and designated planners and engineers shall design and
review before submittal the general development plans. The Local Issuing Authority shall
review the tract to be developed and the area surrounding it. They shall consult the
zoning ordinance, storm water management ordinance, subdivision ordinance, flood
damage prevention ordinance, this ordinance, and any other ordinances, rules, regulations
or permits, which regulate the development of land within the jurisdictional boundaries of
the Local Issuing Authority. However, the owner or operator with owner written consent
is the only party who may obtain a permit.
B. APPLICATION REQUIREMENTS:
1. No person shall conduct any land-disturbing activity within the jurisdictional
boundaries of Augusta Georgia without first obtaining a Land Development Permit
(LDA) from the Local Issuing Authority to perform such activity and providing a copy of
Notice of Intent submitted to EPD if applicable. This also applies to mass grading
activities at individual lots within a common development such as subdivision and a
builder shall obtain a Land Disturbing Permit as well as a building permit to commence
construction.
2. The application for a permit shall be submitted to the Local Issuing Authority and
must include the applicant’s erosion, sedimentation and pollution control plan with a
completed checklist and supporting data, as necessary. Said plans shall include, as a
minimum, the data specified in Section V.C. of this ordinance. Erosion, sedimentation
and pollution control plans, together with supporting data, must demonstrate
affirmatively that the land disturbing activity proposed will be carried out in such a
manner that the provisions of Section IV.B. D. & E. of this ordinance will be met.
Applications for a permit will not be accepted unless accompanied by six (6) copies of
the applicant’s erosion, sedimentation and pollution control plans. All applications shall
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contain a certification stating that the plan preparer or the designee thereof visited the site
prior to creation of the plan in accordance with EPD Rule 391-3-7-.10.
3. An administrative fee, in the amount of $5.00 per disturbed acre (or portion
thereof) shall be charged by the Local Issuing Authority for each project requiring a
permit under this article. The administrative fee shall be paid at the time the plan is
submitted to the Local Issuing Authority. In addition to the local permitting fees, fees will
also be assessed pursuant to paragraph (5) subsection (a) of O.C.G.A. §12-5-23, provided
that such fees shall not exceed $80.00 per acre of land-disturbing activity, and these fees
shall be calculated and paid by the primary permittee as defined in the state general
permit for each acre of land-disturbing activity included in the planned development or
each phase of development. All applicable fees shall be paid prior to issuance of the land
disturbance permit. In a jurisdiction that is certified pursuant to subsection (a) of
O.C.G.A. §12-7-8 half of such fees levied shall be submitted to the Division; except that
any and all fees due from an entity which is required to give notice pursuant to paragraph
(9) or (10) of O.C.G.A. §12-7-17 shall be submitted in full to the Division, regardless of
the existence of a Local Issuing Authority in the jurisdiction.
4. Immediately upon receipt of an application and plan for a permit, the Local
Issuing Authority shall refer the application and plan to the District for its review and
approval or disapproval concerning the adequacy of the erosion, sedimentation and
pollution control plan. The District shall approve or disapprove a plan within 35 days of
receipt. Failure of the District to act within 35 days shall be considered an approval of
the pending plan. The results of the District review shall be forwarded to the Local
Issuing Authority. No permit will be issued unless the plan has been approved by the
District, and any variances required by Section IV.E. has been obtained, all fees have
been paid, and bonding, if required as per Section V B.6., have been obtained. Such
review will not be required if the County and the District have entered into an agreement
which allows the County to conduct such review and approval of the plan without
referring the application and plan to the District. The Local Issuing Authority with plan
review authority shall approve or disapprove a revised Plan submittal within 35 days of
receipt. Failure of the Local Issuing Authority with plan review authority to act within 35
days shall be considered an approval of the revised Plan submittal.
5. Denial of Permit: If a permit applicant has had two or more violations of previous
permits, this ordinance section, or the Georgia Erosion and Sedimentation Act, as
amended, within three years prior to the date of filing the application under consideration,
the Local Issuing Authority may deny the permit application.
6. Bond Requirement: The Local Issuing Authority may require the permit
applicant to post a bond in the form of government security, cash, irrevocable letter of
credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction
thereof of the proposed land-disturbing activity, prior to issuing the permit. If the
applicant does not comply with this section or with the conditions of the permit after
issuance, the Local Issuing Authority may call the bond or any part thereof to be forfeited
and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing
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activity and bring it into compliance. These provisions shall not apply unless there is in
effect an ordinance or statute specifically providing for hearing and judicial review of any
determination or order of the Local Issuing Authority with respect to alleged permit
violations.
C. PLAN REQUIREMENTS:
1. Plans must be prepared to meet the minimum requirements as contained in
Section IV.B. D. & E. of this ordinance, or through the use of more stringent, alternate
design criteria which conform to sound conservation and engineering practices. The
Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference
into this ordinance. The plan for the land-disturbing activity shall consider the
interrelationship of the soil types, geological and hydrological characteristics,
topography, watershed, vegetation, proposed permanent structures including roadways,
constructed waterways, sediment control and storm water management facilities, local
ordinances and State laws. Maps, drawings and supportive computations shall bear the
signature and seal of the certified design professional. Persons involved in land
development design, review, permitting, construction, monitoring, or inspections or any
land disturbing activity shall meet the education and training certification requirements,
dependent on his or her level of involvement with the process, as developed by the
Commission and in consultation with the Division and the Stakeholder Advisory Board
created pursuant to O.C.G.A. §12-7-20.
2. Data Required for Site Plan shall include all the information required from the
appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist
established by the Commission as of January 1 of the year in which the land-disturbing
activity was permitted. These check lists are included in this Ordinance by reference. A
filled copy of applicable checklist shall be submitted with the plan.
3. Maps, drawings, and supportive computations shall bear the signature/seal of
certified design professional.
4. Maintenance of all soil erosion and sedimentation control practices, whether
temporary or permanent, shall be at all times the responsibilities of the property owner.
5. Plot plans for single family homes on individual lots shall illustrate the best
management practice the contractor will implement during construction to prevent soil
erosion and damage to adjoining properties as result if erosion; the plot plan shall
illustrate the method for controlling onsite drainage and permanently stabilizing the
disturbed soil upon completion of construction. Onsite drainage shall be away from the
foundations through and towards a define drainage system. Direction of onsite flow to be
indicated by arrows. Plot plans also include contractor name, street name and property
address, lot dimensions drawn to scale, all easements, existing drainage features,
structures footprints, building setback dimensions, BMPs to be implemented, offsite
system receiving onsite drainage, 100-year floodplain, sensitive areas including wetlands,
state water within 200 feet of the site, and applicable state water buffers. Aforementioned
Attachment number 1
Page 46 of 55
Item # 8
45
BMPs and drainage requirements also apply to plot plans for individual lots that are part
of a larger common plan of development (such as residential or commercial subdivision).
D. PERMITS:
1. Permits shall be issued or denied as soon as practicable but in any event not later than
forty-five (45) days after receipt by the Local Issuing Authority of a completed
application, providing variances and bonding are obtained, where necessary and all
applicable fees have been paid prior to permit issuance. The permit shall include
conditions under which the activity may be undertaken.
2. No permit shall be issued by the Local Issuing Authority unless the erosion,
sedimentation and pollution control plan has been approved by the District and the
Local Issuing Authority has affirmatively determined that the plan is in compliance
with this ordinance, any variances required by Section IV.E. are obtained, bonding
requirements, if necessary, as per Section V B. 6. are met and all ordinances and rules
and regulations in effect within the jurisdictional boundaries of the Augusta, Georgia
are met. If the permit is denied, the reason for denial shall be furnished to the
applicant.
3. Any land-disturbing activities by the Local Issuing Authority or the Augusta, Georgia
shall be subject to the same requirements of this ordinance, and any other ordinances
relating to land development, as are applied to private persons.
4. If the tract is to be developed in phases, then a separate permit shall be required for
each phase.
5. The permit may be suspended, revoked, or modified by the Local Issuing Authority,
as to all or any portion of the land affected by the plan, upon finding that the land
disturbing activity is not in compliance with the approved erosion and sedimentation
control plan or that the holder or his successor is in violation of this ordinance. A
holder of a permit shall notify any successor as to all or any portion of the land
affected by the approved plan of the conditions contained in the permit.
6. The Local Issuing Authority may reject a permit application if the applicant has had
two or more violations of previous permits or the Erosion and Sedimentation Act
permit requirements within three years prior to the date of the application, in light of
O.C.G.A. §12-7-7 (f) (1).
7. No permit shall be issued unless the applicant provides a statement by the Richmond
County Tax Commissioner certifying that all ad valorem taxes levied against the
property and due and owing have been paid.
8. Approved ES&PC Plan is valid for two years from the date it was issued in
conjunction with the approved Site Plan or approved Development Plan. However,
Attachment number 1
Page 47 of 55
Item # 8
46
any project that has not begun construction within one year of issuance of the Land
Disturbing Permit shall be required to submit an updated ES&PCP Plan for review
and approval. The updated ES&PCP Plan must be submitted 30 days prior to the
anticipated start of construction.
SECTION VI
IN SPECTION AN D EN FORCEMEN T
A. The Augusta Engineering Department, as an extension of the Local Issuing Authority,
will periodically inspect the sites of land-disturbing activities for which permits have
been issued to determine if the activities are being conducted in accordance with the plan
and if the measures required in the plan are effective in controlling erosion and
sedimentation. Also, the Local Issuing Authority shall regulate primary, secondary and
tertiary permittees as such terms are defined in the state general permit. Primary
permittees shall be responsible for installation and maintenance of best management
practices where the primary permittee is conducting land-disturbing activities. Secondary
permittees shall be responsible for installation and maintenance of best management
practices where the secondary permittee is conducting land-disturbing activities. Tertiary
permittees shall be responsible for installation and maintenance where the tertiary
permittee is conducting land-disturbing activities. If, through inspection, it is deemed
that a person engaged in land-disturbing activities as defined herein has failed to comply
with the approved plan, with permit conditions, or with the provisions of this ordinance, a
written notice to comply shall be served upon that person. The notice shall set forth the
measures necessary to achieve compliance and shall state the time within which such
measures must be completed. If the person engaged in the land-disturbing activity fails
to comply within the time specified, he shall be deemed in violation of this ordinance.
1. Residential Construction of Individual Lots: The License and Inspection
Department will inspect for compliance with this Ordinance for residential construction
on individual lots. If a project is deemed not in compliance with the approved plot plan,
the contractor and builder will be issued a written notice to comply with the approved
plan. If the contractor/builder engaged in the land disturbing activity fails to comply
within the time specified, he shall be deemed in violation of this chapter.
B. The Local Issuing Authority must amend its ordinances to the extent appropriate within
twelve (12) months of any amendments to the Erosion and Sedimentation Act of 1975.
C. The Local Issuing Authority and Augusta Engineering Department, as an extension of the
LIA, shall have the power to conduct such investigations as it may reasonably deem
necessary to carry out duties as prescribed in this ordinance, and for this purpose to enter
at reasonable times upon any property, public or private, for the purpose of investigation
and inspecting the sites of land-disturbing activities.
D. No person shall refuse entry or access to any authorized representative or agent of the
Local Issuing Authority and Augusta Engineering Department, as an extension of the
Attachment number 1
Page 48 of 55
Item # 8
47
LIA, the Commission, the District, or Division who requests entry for the purposes of
inspection, and who presents appropriate credentials, nor shall any person obstruct,
hamper or interfere with any such representative while in the process of carrying out his
official duties.
E. The District or the Commission or both shall semi-annually review the actions of
counties and municipalities which have been certified as Local Issuing Authorities
pursuant to O.C.G.A. §12-7-8 (a). The District or the Commission or both may provide
technical assistance to any county or municipality for the purpose of improving the
effectiveness of the county’s or municipality’s erosion, sedimentation and pollution
control program. The District or the Commission shall notify the Division and request
investigation by the Division if any deficient or ineffective local program is found.
F. The Division may periodically review the actions of counties and municipalities which
have been certified as Local Issuing Authorities pursuant to §12-7-8 (a). Such review
may include, but shall not be limited to, review of the administration and enforcement of
a governing authority’s ordinance and review of conformance with an agreement, if any,
between the district and the governing authority. If such review indicates that the
governing authority of any county or municipality certified pursuant to O.C.G.A. §12-7-8
(a) has not administered or enforced its ordinances or has not conducted the program in
accordance with any agreement entered into pursuant to O.C.G.A. §12-7-7 (e), the
Division shall notify the governing authority of the county or municipality in writing.
The governing authority of any county or municipality so notified shall have 90 days
within which to take the necessary corrective action to retain certification as a Local
Issuing Authority. If the county or municipality does not take necessary corrective action
within 90 days after notification by the division, the division shall revoke the certification
of the county or municipality as a Local Issuing Authority.
SECTION VII
PEN ALTIES AN D IN CEN TIVES
A. REVOCATION OF AUTHORIZATIONS TO CONDUCT BUSINESS:
If any person commences any land-disturbing activity requiring a land-disturbing permit
as prescribed in this ordinance without first obtaining said permit, the person shall be
subject to revocation of his business license, work permit or other authorization for the
conduct of a business and associated work activities within the jurisdictional boundaries
of the Local Issuing Authority.
B. STOP-WORK ORDERS:
1. For the first and second violations of the provisions of this ordinance, the Director
or the Local Issuing Authority shall issue a written warning to the violator. A notice may
be in any written form, including without limitation, a memo, letter, directive or citation
to appear in Magistrate Court. The violator shall have five days to correct the violation.
If the violation is not corrected within five days, the Director or the Local Issuing
Attachment number 1
Page 49 of 55
Item # 8
48
Authority shall issue a stop-work order requiring that land-disturbing activities be
stopped until necessary corrective action or mitigation has occurred; provided, however,
that, if the violation presents an imminent threat to public health or waters of the state or
if the land-disturbing activities are conducted without obtaining the necessary permit, the
Director or the Local Issuing Authority shall issue an immediate stop-work order in lieu
of a warning;
2. For a third and each subsequent violation, the Director or the Local Issuing
Authority shall issue an immediate stop-work order; and;
3. All stop-work orders shall be effective immediately upon issuance and shall be in
effect until the necessary corrective action or mitigation has occurred. All such stop work
orders shall be effective immediately upon issuance and shall be in effect until the
necessary corrective action or mitigation has occurred. Such stop work orders shall apply
to all land-disturbing activity on the site with the exception of the installation and
maintenance of temporary or permanent erosion and sediment controls.
4. When a violation in the form of taking action without a permit, failure to maintain
a stream buffer, or significant amounts of sediment, as determined by the Local Issuing
Authority or by the Director or his or her Designee, have been or are being discharged
into state waters and where best management practices have not been properly designed,
installed, and maintained, a stop work order shall be issued by the the Local Issuing
Authority or by the Director or his or her Designee without issuing prior written notices.
All such stop work orders shall be effective immediately upon issuance and shall be in
effect until the necessary corrective action or mitigation has occurred. Such stop work
orders shall apply to all land-disturbing activity on the site with the exception of the
installation and maintenance of temporary or permanent erosion and sediment controls.
C. BOND FORFEITURE:
If the Local Issuing Authority determines that a person engaged in land-disturbing
activities at a project where a Bond was required pursuant to Section V has failed to
comply with the approved plan, the party responsible for the securing the bond shall be
deemed in violation of this Ordinance and a written warning notice to comply shall be
served upon that person. The warning notice shall set forth the measures necessary to
achieve compliance with the plan and shall state the time within which such measures
must be completed. If the person engaged in the land-disturbing activity fails to comply
within the time specified, in addition to other penalities applicable under this Ordinance,
he shall be deemed to have forfeited his performance bond. The Local Issuing Authority
may call the bond or any part thereof to be forfeited and use the proceeds to hire a
contractor to stabilize the site of the land-disturbing activity and bring it into compliance.
D. MONETARY PENALTIES:
1. Any person who violates any provisions of this ordinance, oorr aannyy permit condition
or limitation established pursuant to this ordinance, or who negligently or intentionally
Attachment number 1
Page 50 of 55
Item # 8
49
fails or refuses to comply with any final or emergency order of the Director issued as
provided in this ordinance shall be liable for a civil penalty not to exceed $2,500.00 per
day. For the purpose of enforcing the provisions of this ordinance, the Magistrate Court
of Richmond County is authorized under §O.C.G.A. 12-7-15 to impose penalty not to
exceed $2,500.00 for each violation. Each day during which violation or failure or
refusal to comply continues shall be a separate violation.
2. Under provision of this section, any person who continue to violate this
Ordinance, or knowingly and intentionally becoming a habitual violator on the same or
different site, will be liable for a civil penalty not to exceed $2,500.00 per day.
3. Penalties, less court costs, shall be returned to Augusta Georgia for depositing
into the NPDES account.
SECTION VIII
EDUCATION AN D CERTIFICATION
A. Persons involved in land development design, review, permitting, construction,
monitoring, or inspection or any land-disturbing activity shall meet the education and
training certification requirements, dependent on their level of involvement with the
process, as developed by the commission in consultation with the division and the
stakeholder advisory board created pursuant to O.C.G.A. §12-7-20.
B. For each site on which land-disturbing activity occurs, each entity or person acting as
either a primary, secondary, or tertiary permittee, as defined in the state general permit,
shall have as a minimum one person who is in responsible charge of erosion and
sedimentation control activities on behalf of said entity or person and meets the
applicable education or training certification requirements developed by the Commission
present on site whenever land-disturbing activities are conducted on that site. A project
site shall herein be defined as any land-disturbance site or multiple sites within a larger
common plan of development or sale permitted by an owner or operator for compliance
with the state general permit.
C. Persons or entities involved in projects not requiring a state general permit but otherwise
requiring certified personnel on site may contract with certified persons to meet the
requirements of this ordinance.
D. If a state general permittee who has operational control of land-disturbing activities for a
site has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A.
§12-7-19, then any person or entity involved in land-disturbing activity at that site and
operating in a subcontractor capacity for such permittee shall meet those educational
requirements specified in paragraph (4) of subsection (b) of O.C.G.A §12-7-19 and shall
not be required to meet any educational requirements that exceed those specified in said
paragraph.
Attachment number 1
Page 51 of 55
Item # 8
50
SECTION IX
ADMIN ISTRATIVE APPEAL – JUDICIAL REVIEW
A. ADMINISTRATIVE REMEDIES:
The suspension, revocation, modification or grant with condition of a permit by the Local
Issuing Authority, or the issuance of a stop-work order, or the determination to call a
bond pursuant to this Ordinance upon finding that the holder is not in compliance with
the approved erosion, sedimentation and Pollution control plan, or that the holder is in
violation of permit conditions, or that the holder is in violation of any ordinance, shall
entitle the person submitting the plan or holding the permit to a hearing before the
Augusta Commission within 30 days after receipt by the Local Issuing Authority of
written notice of appeal. A notice of appeal pursuant to this subsection must be delivered
to the clerk of the Augusta Georgia Commission within 20 days of the denial, suspension,
revocation, unilateral modification, grant with a condition of a permit, or notice of calling
a bond by the Local Issuing Authority, of the issuance of a stop-work order pursuant to
this Ordinance.
B. JUDICIAL REVIEW:
Any person, aggrieved by a decision or order of the Local Issuing Authority, after
exhausting his administrative remedies, shall have the right to appeal denovo to the
Superior Court of Richmond County, Georgia.
SECTION X
EFFECTIVITY, VALIDITY AN D LIABILITY
A. EFFECTIVITY:
This ordinance shall become effective on the _______ day of __________________,
2010; all Ordinance or part of ordinances in conflict with this Ordinance are hereby
repealed.
B. VALIDITY:
If any section, paragraph, clause, phrase, or provision of this ordinance shall be adjudged
invalid or held unconstitutional, such decisions shall not affect the remaining portions of
this ordinance.
C. LIABILITY:
1. Neither the approval of a plan under the provisions of this ordinance, nor the
compliance with provisions of this ordinance shall relieve any person from the
responsibility for damage to any person or property otherwise imposed by law nor
Attachment number 1
Page 52 of 55
Item # 8
51
impose any liability upon the Local Issuing Authority, Augusta, Georgia or District for
damage to any person or property.
2. The fact that a land-disturbing activity for which a permit has been issued results
in injury to the property of another shall neither constitute proof of nor create a
presumption of a violation of the standards provided for in this ordinance or the terms of
the permit.
3. No provision of this ordinance shall permit any persons to violate the Georgia
Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the
rules and regulations promulgated and approved thereunder or pollute any Waters of the
State as defined thereby.
Attachment number 1
Page 53 of 55
Item # 8
AUGUSTA-RICHMOND COUNTY, GEORGIA N0.Pg-1/2
Expiration: / / _
LAND DISTURBING ACTIVITY PERMIT APPLICATION
MAILING ADDRESS Augusta Engineering Department
525 TELFAIR STREET PHONE: (706)821-1796 send a copy to: 522 Greene STREET, Augusta. GA 30901
AUGUSTA, GA 30901 FAX: (706)821-1806 PHONE: (706)821-1706 FAX: (706)821-1708
PROJECT NAME:
PROJECT ADDRESS:TAX MAP: BLOCK: LOT: _
PROJECT TYPE: ( ) COMMERCIAL ( ) MULTIFAMILY ( ) SUBDIV ( ) GOVT/INSTITUTION ( ) ROW ONLY ( ) S/F ( ) OTHER
ACTIVITY TYPE: ( ) CLEARING & GRUBBING ( ) GRADING ( ) DEVELOPMENT
TOTAL & DISTURBED PROJECT ACRES: PROPOSED DATE OF CONSTRUCTION: _
PROPERTY OWNER OF RECORD:PHONE NUMBER: _
MAILING ADDRESS: _STATE/ZIP _
APPLICANT:PHONE NUMBER: _
MAILING ADDRESS:STATE/ZIP _
PHONE# & FAX#EMERGENCY PHONE NUMBER: _
ENGINEERING FIRM:FIRM CONTACT PERSON: _
24-HOUR CONTACT NAME & GSWCC CERT. #:PHONE NUMBER: _
24-HOUR CONTACT CELL # & Email: _FAX NUMBER: _
In accordance with Augusta Georgia Code of Ordinance 6947,
Sec. V(D)(6). If a permit applicant has had two or more violations of a previous permit or the Soil Erosion, Sediment & Pollution Control Ordinance, or
the Georgia Erosion and Sedimentation Control Act, as amended, within three years prior to the date of filing of the application under consideration,
the County may deny application for a permit.
Sec. V(B)6 . The County may require the permit application to post a Performance Bond in the form of government security, cash, irrevocable letter of credit,
or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing a permit.
If the applicant does not comply with this ordinance of with conditions of the permit after issuance the county may call the bond or any part thereof to be
OW
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If the applicant does not comply with this ordinance of with conditions of the permit after issuance, the county may call the bond or any part thereof to be
forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.
Sec. V(D)(5) The permit may be suspended, revoked, or modified by the county, as to all or any portion of the land effected by the plan, upon a finding that
the land disturbing activity is not in compliance with the approved erosion, sedimentation & pollution control plan or that the holder or his successor
is in violation of the Soil Erosion, Sediment & Pollution Control Ordinance . A holder of an LDA permit shall notify any successor as to all or any portion of
land covered by the LDA permit about the conditions and requirements of the permit.
I hereby certify that the information provided herein is true, correct and complete to the best of my knowledge. I further certify that I have read
the stipulations in this application and that I, and/or the entity I represent, as applicable, will be subject to these stipulations if a permit is issued.
Subscribed and Sworn before me on ______day of ______20_____
Date: / / _
Applicant Signature: Property Owner or Owner's Authorized Representative Notary Public Commission Expire
APPLICATION FEE: RECEIVED BY: APPLICATION DATE: / / _
APPLICATION: ( ) APPROVED ( ) APPROVED WITH CONDITIONS* ( ) DISAPPROVED
[Augusta Georgia Ordinance 6947: Sec V(B)(5)]
SPECIAL REQUIREMENTS:
1- This Permit is valid only after signed by both ARCPC Representative & AED Director (or designee).
2- E&SC Bond Required (irrevocable letter of credit) NO ( ) YES ( ) Amount $______________
3- No site work shall begin until after pre-construction meeting is held by the Augusta Engineering Department
4- A copy of filed NOI with proof of applied payment shall be submitted to AED prior to requesting pre-construction meeting
5- This permit is non transferrable
APROVAL CONDITIONS:
ARCPC REPRESENTATIVE Date COUNTY ENGINEER (or DESIGNEE)DATE
ES&PC Plan Approval Date ____________ E&S Review N0.__________
NOI FEE: NO ( ) YES ( ) PAID: YES( ) NO( ) DATE PAID: RECEIVED BY _
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REQUIRED ATTACHMENTS: Approved Erosion, Sediment & Pollition Control Plan and Approved Development Plan
Attachment number 1
Page 54 of 55
Item # 8
AUGUSTA-RICHMOND COUNTY, GEORGIA
LAND DISTURBING ACTIVITIES PERMIT APPLICATION Pg-2/2
General Conditions
(i) In accordance with the provision of the Augusta Georgia Soil Erosion, Sedimentation and Pollution Control Ordinance 6947 and the Rules of the
Georgia Department of Natural Resources, Chapter 391-3-7, Erosion and Sedimentation Control, both as amended, this permit is issued
for the land disturbing activity as described hereon and presented in the attached Approved Erosion, Sedimentation and Pollution Control Plan.
(ii) Projects that include the impoundment of water or the construction of a pond, the owner hereby agrees and does by these presents, indemnify
and hold harmless Augusta Georgia from and against any and all claims, demands, suites. Judgments, or chooses-in-action which may
be a third party against Augusta Georgia, as a result of the impoundment of water or the construction of a pond covered by this permit.
(iii) Applicant indemnifies and holds the Augusta Georgia and its officers, agents, and employees against any and all claims, damages,
demands, actions, causes of action, costs and expenses of whatsoever nature, which may result from any injury, death, loss or damage arises
out of the construction, operation, maintenance, repair, removal or relocation of the facilities covered by this permit.
(iv) Applicant is responsible for submitting all applicable plans, reports, and/or drawings.
(v) Applicant is responsible for obtaining any additional permits required by Georgia DOT, GA EPD, GA DNR, USACE &/or other government
agencies.
(vi) This permit is subject to modification or revocation on a finding of noncompliance with any of the provision of the Augusta Georgia Soil Erosion,
Sedimentation & Pollution Control Ordinance, and/or Erosion and Sedimentation Act of 1975, as amended, or any of the rules promulgated pursuant
thereto; or with any representation made on the attached thereto.
(vii) Unless otherwise exempted, person engaged in land-disturbing activities shall apply erosion, sedimentation and pollution control measures which
conform to the specifications contained in the current version of the "Manual for Erosion and Sediment Control in Georgia" (also known as the
"Green Book") published by State Soil and Water Conservation Commission.
(viii) This permit is effective until completion of the aforementioned land disturbing activity. However, if the land disturbing activity does not
commence within twenty-four (24) months from date issued, this permit will become null and void.
General Notes
(i) Provide copy of NOI and associated Fee Payment Prior to Pre-construction meeting held by Augusta Engineering Department
(ii) Submit Notice of Termination by State General Permit by return receipt certified mail (or similar) service) to the
approprate EPD District Office and a copy to the Augusta Engineering Department
(iii) Lot(s) development/construction in a Common Development (Subdivision), Submit Notice of Inetent and Termination as Secondary Permittee by
St t G l P it b t i t tifi d il ( i il ) i ) t th t EPD Di t i t Offi dState General Permit by return receipt certified mail (or similar) service) to the approprate EPD District Office and
a copy to the Augusta Engineering Department.
Attachment number 1
Page 55 of 55
Item # 8
CommissionMeetingAgenda
5/3/20115:00PM
EPDConsentOrder–SanitarySewerCollectionSyste m
Department:Utilities
Caption:Motionto approveproposedconsentorderfromGeorgiaEPDin
theamountof$45,402.(ApprovedbyEngineeringServices
CommitteeApril25,2011)
Background:AugustaUtilitieshasengagedindiscussionswithG eorgiaEPD
regardingthemaintenanceofoursanitarysewercol lection
system.Weexperienced103sanitaryseweroverflow sfrom
August2004toFebruary2011.Wehavenegotiateda consent
orderwiththefollowingelements:Collectionsyste minspection
andmaintenanceprogram:Requiresthatweinspect andperform
preventivemaintenanceonourentirecollectionsys temona5-
yearcycleRootcontrolprogram:Requiresthatwed evelopand
implementamorerobustrootcontrolprogramFats,O ilsand
Grease(FOG)Program:Requiresthatwedevelopand implement
aformalFOGprogram.Thiswillincludetheadopti onofan
ordinancethatmoreclearlydefinesAugusta’sautho rityto
regulatethedischargesoflikelysourcesofgrease tothecollection
system,andapubliceducationprogram.Evaluationo fareas
subjecttowetweatherimpacts:Requiresthatwep erforman
evaluationofareasofourcollectionsystemprone towetweather
impacts,particularlytheformercombinedsewerbas ins,andto
correctthesourcesofinflow.Theconsentorderin cludesafineof
$45,402;thisfinehasbeensubstantiallyreducedb ecausewehave
agreedtoimplementthepreventivemaintenancemeas ures
describedabove.Theorderalsoincludesstipulate dpenaltiesof
$2000permonthifwedonotadheretotheattached
implementationschedule.
Analysis:PriortothediscussionswithEPD,AUDhadbegunth e
developmentofacomprehensivepreventivemaintenan ce
program.Thisshifttoapreventivemaintenancecul turewasakey
driverinourdepartmentalreorganization.Whileth e
implementationofthisprogramwillrequireahighe rlevelof
resourcesinitially,ourreactivemaintenancewill steadilydecline.
Thisprogramwillresultinfewersewerback-upsan doverflows
andsignificantlyreducedovertimerequirements.
Cover Memo
Item # 9
FinancialImpact:ThefineassociatedwiththisConsentOrderis$45,402;fundsare
availablein506043530-5212123.Theimplementation ofthe
programdescribedabovewillresultinhighereffic iencyandlower
costs.
Alternatives:TheCommissioncouldchoosenottoacceptthisorde r,however
thefinesforpastoverflowswouldbesignificantly higher.
Recommendation:WerecommendthattheAugustaCommissionapproveth e
attachedConsentOrder.
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 9
CommissionMeetingAgenda
5/3/20115:00PM
GreenspaceProgramDonation
Department:PlanningCommission
Caption:Motionto approvethedonationofTPN183-0-111-00-0(aka
1768TamarindWay)containing10.80acrestotheCi tyof
AugustaforitsGreenspaceProgramandTPN183-1-08 3-00-0
(aka2002PondcypressCourt)containing0.20acres totheCityof
AugustatobecombinedwithTPN183-0-075-00-0,whi chis
currentlyadetentionpondownedbytheCityofAug usta.The
propertybeingdonatediscurrentlyintheownershi pofJutco,Inc.
(ApprovedbyEngineeringServicesCommitteeApril2 5,
2011)
Background:Thepropertyowner,SteveSmithson,dbaJutco,Inc.,workedwith
thePlanningCommissionduringthedevelopmentphas eof
CrosscreekEstatesSubdivisiontoprotectandprese rvethevast
majorityoffloodplain,floodwayandwetlandsfound withinthe
boundariesofthesubdivision.MrSmithsonisnowd esirousof
donatingTPN183-0-111-00-0(aka1768TamarindWay)
containing10.80acrestotheCityofAugustafori tsGreenspace
ProgramandTPN183-1-083-00-0(aka2002Pondcypres sCourt)
containing0.20acrestotheCityofAugustatobe combinedwith
TPN183-0-075-00-0,whichiscurrentlyadetention pondowned
bytheCityofAugusta.
Analysis:Acceptanceofthispropertydonationwillprotecta pproximately
10.6acresoffloodplainandfloodwayand9.0acres ofwetlands
locatedwithTPN183-0-111-00-0inperpetuity.Acce ptanceof
TPN183-1-083-00-0willprotectapproximately0.1a creof
wetlandsinperpetuity.
FinancialImpact:TherewillbenofinancialimpacttotheCityofAu gusta.The
CentralSavannahRiverLandTrusthasagreedtohol da
conservationeasementoverTPN183-0-111-00-0ifthepropertyis
acceptedasadonationtotheCityofAugusta.
Alternatives:DenytheMotion.Ifthemotionisdenied,thissens itivearea
(floodplain,floodwayandwetlands)couldpotential lybe
developedandtherefore,theriparianbenefitsoft hisproperty Cover Memo
Item # 10
couldpotentiallybelost.
Recommendation:ApprovethemotionandaddTPN183-0-111-00-0toth eCity’s
GreenspaceProgramInventoryandcombineTPN183-1-083-00-0
with183-0-075-00-0fordetentionpondpurposes.
FundsareAvailable
intheFollowing
Accounts:
N/A
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 10
CommissionMeetingAgenda
5/3/20115:00PM
MarksChurchRoadReconstructionProject
Department:AbieL.Ladson,PE,CPESC,DirectorofEngineering
Caption:Motiontoa pprove ChangeNumberOneandSupplemental
AgreementOne(CPB#325-041120-209825201)intheam ountof
$33,111.00fortheMarksChurchRoadReconstruction projectto
W.R.TooleEngineers,Inc.Fundingisavailablei ntheproject
accountfortheEngineeringDepartment.(Approvedby
EngineeringServicesCommitteeApril25,2011)
Background:TheMarksChurchRoadReconstructionProjectwasap provedby
Commissionon03/04/09;item#21,andfundedinSPL OST
V.MarksChurchRoadiscurrentlyatwo-laneroadw ithside
ditches.Designeffortsareunderwaytoupgradethe existing
roadway,curbandgutter,anenclosedstormdrainag esystem,
sidewalks,andtheMarksChurchRoadBridge.Thes torm
drainagesystemdesignis70%complete.However,du etothe
necessarysizeandlocationofthenewstormsewera lignments,
numerousconflictsarosewiththeexisting16”diam eterwater
mainlocatedalongtheroad.Toprovideamorehydr aulically
efficientsystemandminimizefuturedamagetothe roadway
pavement,relocationofthiswatermainiswarrante d.Inaddition
existingGeorgiaPowerutilitiespolesneedtober elocatedoutside
oftheroadwaysection
Analysis:WRTooleEngineers(WRTE)isthedesignfirmofrec ordand
willprovidesupplementalservicesofdesigningan ewwatermain
alignmentandallassociatedconnectionsandservic es,preparation
ofutilityplans,andcoordinationwithGeorgiaPow erforpole
relocation.Theseservicesarecriticaltocompleti ngtheongoing
designefforts.
FinancialImpact:Fundsareavailableintheprojectconstructionacc ounttobe
transferredtotheengineeringaccount325-041120-5 212115upon
Commissionapproval.
Alternatives:1)ApproveChangeNumberOneandSupplementalAgree ment
One(CPB#325-041120-209825201)intheamountof$3 3,111.00
fortheMarksChurchRoadReconstructionprojectto W.R.TooleCover Memo
Item # 11
Engineers,Inc.Fundingisavailableintheproject accountforthe
EngineeringDepartment.2)Donotapproveandcance lproject
Recommendation:approvealternativeone
FundsareAvailable
intheFollowing
Accounts:
325-041120-5212115
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 11
(SA02 – For changes more than $20,000)
AUGUSTA-RICHMOND COUNTY
AUGUSTA, GA ENGINEERING DEPARTMENT
SUPPLEMENTAL AGREEMENT
WHEREAS, We, “W.R. Toole Engineers, Inc.” Consultant, entered into a contract with Augusta-
Richmond County on “August 4, 2009”, for the “Marks Church Road Reconstruction ”, Project No.
325-041120-209825201, File Reference No. 11-014 (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:
Additional Engineering Services for Georgia Power Coordination
& Plan Revisions and Augusta Utility Coordination & Plan Revisions
It is agreed that as a result of the above described modification the contract amount is increased
by $33,111.00 from $589,129.00 to a new total of $622,240.00.
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, “W.R. Toole Engineers, Inc.”, 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 , 2011.
RECOMMEND FOR APPROVAL:
CITY OF AUGUSTA-RICHMOND COUNTY
AUGUSTA, GEORGIA
Honorable Mayor, Deke Copenhaver
Approved: Date Approved: Date
[ATTACHED CORPORATE SEAL]
ATTEST: __________________________
Title: ___________________________
Augusta Richmond County Project Number(s): 325-041120-209825201
Supplemental Agreement Number: 1
Purchase Order Number: 70337
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of
Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks
Attachment number 1
Page 1 of 1
Item # 11
Augusta-Richmond County, Georgia
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County,
Georgia that the following Capital Project Budget is hereby adopted:
Section 1: This project is authorized to CPB#325-041120-209825201 for Supplemental Agreement
Number One for water main relocation plan and utility plan coordination on the
Marks Church Road project. Funds in the amount of $33,111.00 are available
in the project contingency account to be transferred to the engineering account.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
Special 1% Sales Tax, Phase V 2,500,000$
2,500,000$
Section 3: The following amounts are appropriated for the project:
CPB#325-041120-209825201
CAPITAL PROJECT BUDGET
MARKS CHURCH ROAD RECONSTRUCTION PROJECT
CHANGE NUMBER ONE
Please do not process this document. Once approved by the Commission, the original will be sent to Clerk of Commission for
execution. For information reference this request contact ext 5070.
By Basin By District
Raes Creek $2,500,000 2,500,000$
Section 4: Copies of this Capital Project Budget shall be made available to the
Comptroller for direction in carrying out this project.
Adopted this ____________________ day of ______________________.
Approved
_________________________________________________
Original-Commission Council Office
Copy-Engineering Department
Copy-Finance Department
Copy-Procurement Department
Honorable Deke Copenhaver, Mayor
Please do not process this document. Once approved by the Commission, the original will be sent to Clerk of Commission for
execution. For information reference this request contact ext 5070.
1 of 2 3.1.2011
Attachment number 2
Page 1 of 2
Item # 11
Augusta-Richmond County, Georgia CPB#325-041120-209825201
CAPITAL PROJECT BUDGET
MARKS CHURCH ROAD RECONSTRUCTION PROJECT
CHANGE NUMBER ONE
Please do not process this document. Once approved by the Commission, the original will be sent to Clerk of Commission for
execution. For information reference this request contact ext 5070.
CPB AMOUNT CPB NEW
SOURCE OF FUNDS CPB CHANGE CPB
SPLOST, PHASE V
325-04-1120-6011110 ($2,500,000) ($2,500,000)
TOTAL SOURCES: ($2,500,000) ($2,500,000)
USE OF FUNDS
ENGINEERING
325-04-1120-5212115-209825201 $589,129 $33,111 $622,240
CONSTRUCTION
325-04-1120-5414110-209825201 $1,910,871 ($33,111) $1,877,760
TOTAL USES: $2,500,000 $0 $2,500,000
2 of 2 3.1.2011
Attachment number 2
Page 2 of 2
Item # 11
CommissionMeetingAgenda
5/3/20115:00PM
RecommendationoftheHazardMitigationPlanUpdate EvaluationCommittee
Department:PlanningCommission
Caption:Motionto awardaplanningcontracttoPudarMitigation
Consulting,Inc.intheamountof$28,297.00forth epreparation
ofanupdatetotheMulti-JurisdictionalHazardMitigationPlanfor
theCityofAugusta,GeorgiaandthecitiesofHeph zibahand
Blythe(RFP#11-086)basedontherecommendationof the
HazardMitigationPlanUpdateEvaluationCommittee.
(ApprovedEngineeringServicesCommitteeApril25,2011)
Background:Augusta,GeorgiahasreceivedaHMGPGrantfromthe Federal
EmergencyManagementAgency(HMGP-1858-0034).This grant
providesfunding,intheamountof$39,999.00,for theupdateof
thecurrentMulti-JurisdictionalHazardMitigation Planforthe
CityofAugusta,GeorgiaandthecitiesofHephziba hand
Blythe.TheupdatedMulti-JurisdictionalHazardMit igationPlan
fortheCityofAugusta,Georgiaandthecitiesof Hephzibahand
Blythewilladdressvarioushazardsthatthreatenth ehealthand
welfareofthecitizensofAugusta,GA,andthejur isdictionsof
HephzibahandBlythe,andwillmeettherequirement softhe
DisasterMitigationActof2000.TheHazardMitiga tionPlan
UpdateEvaluationCommitteemadeupof6teammembe rsfrom
theAugusta-RichmondCountyPlanningCommission,EM Aand
ProcurementmetonMarch16,2011,toreviewthepr oposalsof7
eligiblefirmswhohadrespondedtoRFP#11-086.Of the7
eligiblefirms,3wereshort-listedtopresenttot heEvaluation
CommitteeonMarch25,2011.Basedontheextensive experience
performingHazardMitigationPlansinGeorgia,itw asthe
recommendationoftheEvaluationCommitteetoaward the
contracttoPudarMitigationConsulting,Inc.
Analysis:Approvaloffundswillallowforthepreparationof theupdated
Multi-JurisdictionalHazardMitigationPlanforthe Cityof
Augusta,GeorgiaandthecitiesofHephzibahandBl ythe.
Disapprovaloffundingwouldcausetheplantonot bewrittenand
foranyfuturefundingforhazardmitigationfromt hestateand
federalgovernmenttocease.PudarMitigationConsu lting,Inc.is
ownedandoperatedbyRankoPudar,PE,CFM.MrPuda rhas21
yearsofexperienceinhazardmitigation,riskasse ssmentand Cover Memo
Item # 12
floodplainmanagement,including13yearsofexperi enceworking
directlywithFEMA.TheteamthatPudarMitigation Consulting,
Inc.hasassembledisveryfamiliarwiththeGeorgi arequirements
forperformingaHazardMitigationPlanupdate,hav ingdone
severalHMPlanswithinthestateofGeorgiaandal sohaving
routinelyassistedlocalgovernmentsinrevisionof ordinance
updates,developmentandreviewprocesses,andpers onnel
training.
FinancialImpact:Theamountof$28,297.00isavailablethroughtheH MGPGrant
thathaspreviouslybeenawardedtoAugusta,GAfro mthe
FederalEmergencyManagementAgency($39,999.00),a nd
throughmoneyearmarkedin2000forhazardmitigati onbythe
City($7.074.25astheCity’smatch).
Alternatives:a)Denytherequestinitsentiretyorb)Contractw ithanother
planningfirm,whichcouldleadtoundueandcostly delays.This
Multi-JurisdictionalHazardMitigationPlanforthe Cityof
Augusta,GeorgiaandthecitiesofHephzibahandBl ythemustbe
completedinatimelyfashiontoavoidlosingtheH MGPGrantin
itsentirety.Accordingly,iftheMulti-Jurisdictio nalHazard
MitigationPlanfortheCityofAugusta,Georgiaan dthecitiesof
HephzibahandBlytheisnotcompletedinatimelyf ashion,any
futurefundingforhazardmitigationwillnotbema deavailableto
Augusta,GAbythestateandfederalgovernment.Th ecurrent
Multi-JurisdictionalHazardMitigationPlanforthe Cityof
Augusta,GeorgiaandthecitiesofHephzibahandBl ytheexpires
August24,2011.
Recommendation:ItisrecommendationoftheAugusta-RichmondPlanni ng
Commission,inaccordancewiththerecommendationo fthe
HazardMitigationPlanUpdateEvaluationCommittee,toapprove
theawardingofthecontracttoPudarMitigationCo nsulting,Inc.
intheamountof$28,297.00forthepreparationof updateofthe
Multi-JurisdictionalHazardMitigationPlanforthe Cityof
Augusta,GeorgiaandthecitiesofHephzibahandBl ythesubject
totheDMA2KfiveyearupdaterequirementsofFEMA,pursuant
totherequirementsof44CFR201,andpursuantto the
requirementsoftheGeorgiaEmergencyManagementAg ency.
FundsareAvailable
intheFollowing
Accounts:
$39,999.00isavailablethroughtheHMGPGrantthat has
previouslybeenawardedtoAugusta,GAfromtheGeo rgia
EmergencyManagementAgency;Thelocalmatchof$7,074.25is
availablethroughmoneyearmarkedin2000forhazar dmitigation
bytheCity(Acct#:220-03-9212)
REVIEWEDANDAPPROVEDBY :Cover Memo
Item # 12
ClerkofCommission
Cover Memo
Item # 12
CommissionMeetingAgenda
5/3/20115:00PM
Requestemergencyawardforaconstructioncontract toGarntoSouthernforconstructionoftheBrown
Street&HolleyStreetEmergencySewerRepairProje ct
Department:AugustaUtilitiesDepartment
Caption:Motionto approveanemergencyawardforacontractwith
GarntoSouthernforservicesassociatedwithconstr uctionofthe
BrownStreet&HolleyStreetEmergencySewerRepair Projectin
theamountof$192,223.36.(ApprovedbyEngineeringServices
CommitteeApril25,2011)
Background:TheUtilitiesDepartmenthasidentifiedamajorpro blemtoan
existingcombinedsanitary/stormsewermaininthe downtown
areaofRichmondCounty.Inrecentmonthstherehas beenalotof
additionalflowinthestructureduetotheconstru ctionofthenew
MCGcomplex.TheUtilitiesDepartmentisinneedo frelieving
thesanitarysewersystemofstormwatertodecreas ethetreatment
plantloadsandstaywithintheparametersofthec ity'sdischarge
permit.Thisadditionalflowandthepotentialof increased
additionalflowareaffectingthesafeconveyanceo fsanitarysewer
inthatareaandheightensthepossibilityofhavin gsanitarysewer
overflows.Theneededrepairsincluderemoving320 linearfeetof
dilapidatedsewerandinstalling1000linearfeeto fnewsewer
mainandnewsanitarysewerservicestoensurenof uturenegative
impactstoeitherstormsewerorsanitarysewerin thatareaof
RichmondCounty.Thisrepairprojectwasoriginally awardedto
TranConstructionforwhichGarntoSouthernwasthe irapproved
sitesubcontractor.Sincetheoriginalstartdateo fthisprojectTran
Constructionhasbeendeemedasanon-performingcontractorthat
isnowfacingactionbytheirbondingcompany.Garn toSouthern
stillhasthematerialsonsitetocompletetheeme rgencyrepairof
theBrown&HolleyStreetSewerProject.
Analysis:GarntoSouthernsubmittedanacceptableconstructio nproposal
andwastheapprovedutilitysubcontractortaskedt operformthe
installation.TheUtilitiesDepartmentdesirestoi nform
Commissionoftheawardofthiscontracttoconstru cttheBrown
Street&HolleyStreetEmergencySewerRepairProje cttoGarnto
Southern,Inc.
Cover Memo
Item # 13
FinancialImpact:$192,223.36,underaccountnumber507043410-5425110 /
80600040-5425110
Alternatives:Noalternativesduetothecontractbeingawardedu nder
emergencyconditions
Recommendation:WearerequestingtheCommissionapprovetheDepart ment's
requestofaemergencyawardofthecontractwithG arnto
Southern,Inc.intheamountof$192,223.36forthe construction
oftheBrownStreet&HolleyStreetEmergencySewer Repair.
FundsareAvailable
intheFollowing
Accounts:
$192,223.36fromaccount507043410-5425110/806000 40-
5425110
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 13
Proposal: 201035
Date:
Phone: 706-814-5266
Fax: 706-814-6483
AUGUSTA UTLITIES DEPTARTMENT
Attn: Stanley Aye
To:
Brown & Holly Street
Project:
Salesperson
Jason Garnto
Reference Description Quantity UOM Extended PriceUnit Price
Uncoded
F.001 Sales Tax on Materials 0.000.0000%7.0000
Total:0.00
0100 General Requirements
11 Traffic Control 5,891.185,891.1771LS1.0000
General Requirements Total:5,891.18
0600 Sewer
01 Remove Existing Sewer 4,568.5014.5032LF315.0000
02 Remove Existing Manhole 582.80291.3999EA2.0000
03 Sewer Manhole 6,043.702,014.5673EA3.0000
04 12" Sewer (SDR35)22,253.2560.6356LF367.0000
05 8" Sewer (SDR35)32,513.6952.2728LF622.0000
06 Sewer Service 16,983.19566.1062EA30.0000
10 Tie To Existing 918.41459.2064EA2.0000
12 Conflict Structure 1,779.431,779.4261EA1.0000
13 Sewer Service W/ 6" DIP And 12" Core 34,054.212,837.8508EA12.0000
14 12" DIP Through Storm Drain 3,525.48176.2742LF20.0000
Sewer Total:123,222.66
0900 Curb
09 Curb & Gutter 3,045.0015.2250LF200.0000
Curb Total:3,045.00
1000 Paving
07 Asphalt Overlay Type F 1.5"21,892.507.2975SY3,000.0000
08 GABC 10.5" 7' Wide Asphalt Patch 2.5"38,172.0233.4842SY1,140.0000
Paving Total:60,064.52
Page 1
ProposalGarnto Southern Construction, LLC
4573 Cox Rd Suite B
Evans, GA 30809
www.garntosouthern.com
Attachment number 1
Page 1 of 2
Item # 13
Proposal: 201035
Date:
Phone: 706-814-5266
Fax: 706-814-6483
AUGUSTA UTLITIES DEPTARTMENT
Attn: Stanley Aye
To:
Brown & Holly Street
Project:
Salesperson
Jason Garnto
192,223.36Proposal Total:
Acceptance
Accepted by:
Title:
Date:
Page 2
ProposalGarnto Southern Construction, LLC
4573 Cox Rd Suite B
Evans, GA 30809
www.garntosouthern.com
Attachment number 1
Page 2 of 2
Item # 13
CommissionMeetingAgenda
5/3/20115:00PM
RoadNameChange
Department:PlanningCommission
Caption:Motionto approveroadnamechangeofArubaPlacetoTrinidad
Way.(ApprovedbyEngineeringServicesCommitteeApril2 5,
2011)
Background:MichelePearman,GISAnalyst,withAugusta’sIT/GIS
DepartmentinitiatedarequestforaRoadNameChan geofAruba
PlacetoTrinidadWay.ThereexistsanArubaCircle inAugusta
andduplicationofroadnamesiscausingconfusion foremergency
(police,fireandEMS)andserviceproviders.
Analysis:TheexistingroadnameofArubaPlaceappearstono significance
intheareaandonly4residentsliveonArubaPlac e.Itshouldbe
notedthatnoneofthe4propertiesadjacenttoAru baPlaceare
addressedtoArubaPlace.
FinancialImpact:Costofroadsigns
Alternatives:Changeordonotchangeroadname
Recommendation:Tochangename
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 14
RESOLUTIO
WHEREAS: Michele Pearman, GIS Analyst, with Augusta’s IT/GIS Department
initiated a request for a Road Name Change of Aruba Place to Trinidad Way;
WHEREAS: The existing road name of Aruba Place appears to no significance in the
area and only 4 residents live on Aruba Place. It should be noted that none of the 4 properties
adjacent to Aruba Place are addressed to Aruba Place;
WHEREAS, there exists an Aruba Circle within Augusta, GA and the duplication of road
names is causing confusion for emergency (police, fire and EMS) and service providers;
WHEREAS: It is proposed that the entire portion of the Aruba Place be renamed
Trinidad Way;
WHEREAS: The road name change is acceptable to the minimum requirement of 66%
of the adjoining property owners (75% have approved the name change) along Aruba Place.
NOW THEREFORE, BE IT RESOLVED BY THE AUGUSTA COMMISSION:
THEREFORE: Let it be known that Augusta, Georgia does hereby adopt the road
name change of Aruba Place to Trinidad Way. Traffic Engineering should be notified of the road
name change and road signs should be erected accordingly.
______________________________ ______________________________
Lena Bonner, Clerk of Commission Deke Copenhaver, Mayor
CERTIFICATE
The undersigned qualified and acting Clerk of the Augusta Commission certifies that the
foregoing is a true and correct copy of a resolution adopted at a legally convened meeting of the
Augusta Commission held on ________________________.
______________________________
Lena Bonner, Clerk of Commission
______________________________
Date
Attachment number 1
Page 1 of 1
Item # 14
CommissionMeetingAgenda
5/3/20115:00PM
TEECenterTransformers
Department:PublicServicesDepartment-FacilitiesManagement Division
Caption:Motionto approvethepurchaseoftwo(2)1000KVA
transformersfromGeorgiaPowerfortheTrade,Exhi bitandEvent
(TEE)Centerintheamountof$298,827.00.(Approvedby
EngineeringServicesCommitteeApril25,2011)
Background:ElectricalpowerisrequiredfortheTEECenter.Th eexisting
transformerslocatedneartheMarriottSuitesbuild ingdonothave
capacityfortheTEECenter.
Analysis:Theproposednetworktransformersarenecessaryfor providing
electricalpowertoallelectricalcomponentsatth eTEECenter
site.Itisrecommendedthatapprovalbegivenfor thepurchaseof
two(2)1000kvatransformersasoutlinedinOption #1ofthe
attachedGeorgiaPowerproposaldatedFebruary11,2011.Thisis
thelowestcostalternative.
FinancialImpact:Thetotalcostforthetwo(2)transformersis$298 ,827.00.
Fundingfortheelectricalpower(transformers)was notincluded
intheGuaranteedMaximumPricefortheproject.
Alternatives:1.Approvethepurchaseoftwo(2)1000KVAtransfo rmersfrom
GeorgiaPowerfortheTrade,ExhibitandEvent(TEE )Centerin
theamountof$298,827.002.Utilizepowerfroman alternate
sourcethatexistsonthesite.Costisfour-folda increase.
Recommendation:Approvethepurchaseoftwo(2)1000KVAtransforme rsfrom
GeorgiaPowerfortheTrade,ExhibitandEvent(TEE )Centerin
theamountof$298,827.00.
FundsareAvailable
intheFollowing
Accounts:
FUNDSAREAVAILABLEINACCOUNT:TEECenter:GL–
325-05-1120;JL–209251104GL-361-06-1120Object Code:
5413130
Cover Memo
Item # 15
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 15
Attachment number 1
Page 1 of 2
Item # 15
Attachment number 1
Page 2 of 2
Item # 15
CommissionMeetingAgenda
5/3/20115:00PM
WrightsboroRoadImprovements(JimmieDyessParkway toI-520)SA13
Department:AbieL.Ladson,PE,CPESC,Director
Caption:Motionto authorize/approveCPB#14andSupplemental
Agreement#13withPBS&J,Inc.intheamountof$144,582to
revisetheProjectConceptReport,redesign3,drai nagestructures
tosatisfytheCorpsofEngineersfishpassagerequ irements;and
foradditionalcoordinationofrightofwayplansr evisions
associatedwiththeongoingrightofwaynegotiatio nsonthe
projecttoimproveWrightsboroRoadfromJimmieDye ss
ParkwaytoI-520asrequestedbyAED.Fundingisav ailablein
theprojectaccountforAED.(ApprovedbyEngineering
ServicesCommitteeApril25,2011)
Background:ThisisaGeorgiaDepartmentofTransportation(GDO T)managed
projectthatwillwiden&reconstructWrightsboroR oadfrom
JimmieDyessParkwaytoI-520.TheEngineeringDep artmentis
responsibleforfundingengineeringactivities,roa ddesign,right-
of-wayplans,andconstructionplans.GDOTisfundi ngtheright
ofwayacquisition($11.9million)andtheconstruc tion($23
million).Recentchangesinenvironmentalregulatio nsand
realignmentofBartonChapelRoadwarrantedredesig ningof
three(3)roadcrossingsatRae’sCreekandaccordinglyrevisionto
theprojectConceptReportandconstructionplans.
Analysis:Projectisunderdesign.PBS&Jisthedesignfirmo frecordand
willprovidesupplementalservicesofredesigningt hedrainage
structureperlatestapplicableenvironmentalregul ations,
preparationofrevisedConceptReportperGDOTinst ructions,
preparationofrevisedroadwaydesignincludeculve rtsandBarton
ChapelRoadmodifications,revisionofRightofWay plansand
constructionplan.Alltheseservicesarecritical tocomplete
ongoingdesignefforts,satisfyFederalHighwayand GDOTlatest
requirementsandmovetheprojecttoconstructionp hase.
FinancialImpact:FundsareavailableintheprojectRight-of-Wayacc ounttobe
transferredtotheprojectengineeringaccount323-041110-
5212115uponCommissionapprovalofthissupplement al
agreement.Cover Memo
Item # 16
Alternatives:1)Authorize/ApproveCPB#14andSupplementalAgree ment#13
withPBS&J,Inc.intheamountof$144,582torev isetheProject
ConceptReport,redesign3,drainagestructuresto satisfythe
CorpsofEngineersfishpassagerequirements;andf oradditional
coordinationofrightofwayplansrevisionsassoci atedwiththe
ongoingrightofwaynegotiationsontheprojectto improve
WrightsboroRoadfromJimmieDyessParkwaytoI-520 as
requestedbyAED.Fundingisavailableintheproje ctaccountfor
AED.2)Donotapproveanddelaytheconstructiona nd
improvementsonamajortransportationcorridortha tisvitalto
Augusta-RichmondCountyandalsoloosedesignateds tateand
Federalfunding.
Recommendation:ApproveAlternativeNumberOne.
FundsareAvailable
intheFollowing
Accounts:
323-041110-5212115/2968233309-5212115
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 16
Augusta-Richmond County, Georgia
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County,
Georgia that the following Capital Project Budget is hereby amended:
Section 1: The project change is authorized to CPB# 323-041110-296823309 Supplemental.
Agreement Number Thirteen. This is for the purpose of redesigning three drainage structures
to satisfy US Army Corps of Engineers fish passage requirements; and for additional
coordination of right of way plan revisions. Funding is available in the amount of
$144,582 in the project Right of Way account transferred to the project Engineering account.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
Special 1% Sales Tax, Phase III 1,984,000$
1,984,000$
Section 3: The following amounts are appropriated for the project:
By Basin By District
Raes Creek $1,984,000 3rd 1,984,000$
Section 4: Copies of this Capital Project Budget shall be made available to the
Comptroller for direction in carrying out this project.
Adopted this ____________________ day of ______________________.
Approved
_________________________________________________
Original-Commission Council Office
Copy-Engineering Department
Copy-Finance Department
Copy-Procurement Department
Fred Russell, Administrator
CAPITAL PROJECT BUDGET
WRIGHTSBORO ROAD IMPROVEMENTS
CHANGE NUMBER FOURTEEN
CPB#323-041110-296823309
3.13.09
Attachment number 1
Page 1 of 2
Item # 16
Augusta-Richmond County, Georgia
CAPITAL PROJECT BUDGET
WRIGHTSBORO ROAD IMPROVEMENTS
CHANGE NUMBER FOURTEEN
CPB#323-041110-296823309
CPB AMOUNT CPB NEW
SOURCE OF FUNDS CPB CHANGE CPB
SPECIAL 1% SALES TAX, PHASE III
323-04-1110-6011110-296823309 ($1,984,000) $0 ($1,984,000)
TOTAL SOURCES: ($1,984,000) $0 ($1,984,000)
USE OF FUNDS
ENGINEERING
323-04-1110-5212115-296823309 $1,472,981 $144,582 $1,617,563
ADVERTISING
323-04-1110-5233119-296823309 $1,000 $0 $1,000
RIGHT-OF-WAY
323-04-1110-5411120/296823309 $227,019 ($144,582)$82,437
CONTINGENCY
323-04-1110-6011110/296823309 $43,000 $0 $43,000
TRAFFIC SIGNAL
323-04-1110-5414610/296823309 $40,000 $0 $40,000
UTILITY RELOCATION
323-04-1110-5414510/296823309 $200,000 $0 $200,000
TOTAL USES: $1,984,000 $0 $1,984,000
3.13.09
Attachment number 1
Page 2 of 2
Item # 16
(SA02 – For changes greater than $20,000) April 2005
AUGUSTA-RICHMOND COUNTY
AUGUSTA, GA ENGINEERING DEPARTMENT
SUPPLEMENTAL AGREEMENT
WHEREAS, We, PBS & J, Consultant, entered into a contract with Augusta-Richmond County on October 19,
1999, for engineering design services associated with the widening and reconstruction of Wrightsboro
Road from Jimmie Dyess Parkway to I-520, GDOT Project No. STP00-7001-00 (009), File Reference No. 11-
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:
It is agreed that as a result of the above described modification the contract amount is increased by
$144,582 from $1,472,821.37 to a new total of $1,617,403.37.
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, PBS & J, 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 , 2011.
RECOMMEND FOR APPROVAL:
CITY OF AUGUSTA-RICHMOND COUNTY
AUGUSTA, GEORGIA
Mayor Deke S. Copenhaver
Approved: Date Approved: Date
[ATTACHED CORPORATE SEAL]
ATTEST: ATTEST:
Title: Title:
Augusta Richmond County Project Number(s): 323-041110-296823309
Supplemental Agreement Number: 13
Purchase Order Number: 4471
Revision of project Concept Report and redesign three drainage structures
and additional coordination of right of way plan revisions.
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of
Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks
Attachment number 2
Page 1 of 1
Item # 16
CommissionMeetingAgenda
5/3/20115:00PM
YoungbloodLane-CondemnationofParcel
Department:Engineering-AbieL.Ladson,P.E.,CPESC
Caption:Motionto approvehaving0.12acre(5,372.79.sq.ft.)ofright-of-
way,0.07acre(2889.13sq.ft.)ofpermanenteasem ent,and
1,155.65sq.ft.oftemporaryconstructioneasement onTaxMap
252,Parcel015,appraisedonYoungbloodLanesoth atwecan
proceedwithcondemnationandpavetheroadonthe Paving
VariousRoads,PhaseIXProjectCPB#324-041110-208 824001,
asrequestedbyAugustaEngineeringDepartment.Fun dsare
availableintheprojectRightofWayaccount.(Approvedby
EngineeringServicesCommitteeApril25,2011)
Background:ThisprojectwasapprovedbytheCommissiononJune 17,2008,
aspartofthePavingVariousRoadsPhaseIXProjec t.The
propertyownervacatedthepropertyandhadnotpai dtaxesforthe
lastseveralyears.Thepropertywasforeclosedonb ytheTax
Commissionerandputupforsaleatataxsale.To beabletoget
cleartitleonthisproperty,wewouldhavetoget theprevious
ownertosign,plusthenewbuyer.Itwasdecidedt hebestwayto
moveforwardwiththisparcelonYoungbloodLanewo uldbeto
havethepropertyappraisedandthencondemnforti tle.
Analysis:AspartofthePavingDirtRoadsProgram,itwasap provedto
requirethepropertyownerstodonatethenecessary right-of-way,
andiftheydidnotagreetodonate,theprojectwo uldnotbedone.
Alloftheotherpropertyownershavedonatedthen ecessaryright-
of-wayforthispavingproject.However,inthisca se,theproperty
ownerwasnotavailabletograntcleartitle,andt hisproperty
ownerwastheonlyonenottodonate.Asthecontra ctorisready
topavethisroad,weneedtoreceivepermissionto havethe
propertyappraised,thencondemnthepropertyfort itleandthen
theroadcanbepaved.
FinancialImpact:Thecostwouldbetheappraisalfeeofapproximatel y$400.00,the
appraisedvalueofthepropertyofapproximately$3 00.00,andthe
costtocondemntheparcelatanestimateof$2,000 .00.
Alternatives:1.Approvehaving0.12acre(5,372.79.sq.ft.)of right-of-way,Cover Memo
Item # 17
0.07acre(2889.13sq.ft.)ofpermanenteasement,and1,155.65
sq.ft.oftemporaryconstructioneasementonTaxM ap252,Parcel
015,appraisedonYoungbloodLanesothatwecanpr oceedwith
condemnationandpavetheroadonthePavingVariou sRoads,
PhaseIXProjectCPB#324-041110-208824001,asrequ estedby
AugustaEngineeringDepartment.Fundsareavailable inthe
projectRightofWayaccount.2.Donotapproveand notpave
YoungbloodLane.
Recommendation:ApproveAlternativeNumberOne.
FundsareAvailable
intheFollowing
Accounts:
324-041110-5411120/208824001-5411120
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 17
CommissionMeetingAgenda
5/3/20115:00PM
Minutes
Department:ClerkofCommission
Caption:Motionto approvetheminutesoftheregularmeetingofthe
CommissionheldApril19,2011andSpecialCalled Legal
MeetingheldApril25,2011.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 18
CommissionMeetingAgenda
5/3/20115:00PM
District7appointments
Department:
Caption:Motionto approvetheappointmentofScottAndersontotheTree
Commission,DavidBarbeetotheHistoricPreservati on
CommissionandAmyLawsontotheLibraryBoardrepr esenting
District7.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 19
Attachment number 1
Page 1 of 1
Item # 19
Attachment number 2
Page 1 of 1
Item # 19
Attachment number 3
Page 1 of 1
Item # 19
CommissionMeetingAgenda
5/3/20115:00PM
District8appointment
Department:
Caption:Motionto approve theappointmentofDr.LindaC.Lumpkinto
theARCLibraryBoardrepresentingDistrict8.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 20
Attachment number 1
Page 1 of 1
Item # 20
CommissionMeetingAgenda
5/3/20115:00PM
ScylanceB.Scott,Jr.
Department:
Caption:ConsidertherecommendationoftheDowntownDevelop ment
AuthoritytoappointScylanceB.Scott,Jr.torepl aceCassandra
BrinsonontheDDA.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 21
Attachment number 1
Page 1 of 1
Item # 21
Attachment number 2
Page 1 of 2
Item # 21
Attachment number 2
Page 2 of 2
Item # 21
CommissionMeetingAgenda
5/3/20115:00PM
AnOrdinancetoAmendLocalLawsandtheAugusta,G eorgiaChartertoStrikeLanguageRequiring
thatCommissionMeetingstakeplaceattheCourthou seandthattheAdministratorhaveanOfficeatthe
Courthouse;toUpdatetheNameoftheConsolidated Govern
Department:Administrator
Caption:AnOrdinanceoftheBoardofCommissionersofAugus ta,
GeorgiatoAmendanActEntitled“AnActtoCreate aBoardof
CommissionersforRoadsandRevenuesfortheCounty of
Richmond;ToDefinetheirPowersandDuties;andfo rOther
Purposes”,approvedAugust19,1907(Ga.L.1907,p .324),as
amendedbyanActapprovedAugust14,1931(Ga.L.1931,p.
555),asamendedbyanActapprovedMarch10,1964 (Ga.L.
1964,p.2809),asamendedbyanActapprovedMarch 10,1964
(Ga.L.1964,p.2810),asamendedbyanActapprov edMarch21,
1970(Ga.L.1970,p.3325),asamendedbyanActa pproved
March21,1970(Ga.L.1970,p.3327),asamendedb yanAct
approvedMarch22,1974(Ga.L.1974,p.3034),as amendedby
anActapprovedMarch21,1974(Ga.L.1974,p.356 2),as
amendedbyanActapprovedApril17,1975(Ga.L.1 975,p.
3857),HomeRuleOrdinanceapprovedDecember7and 21,1976
(Ga.L.1977,p.4559),HomeRuleOrdinanceapprove dMay1
andMay15,1979(Ga.L.1980,p.4590),asamended byanAct
approvedMarch14,1984(Ga.L.1984,p.4245),and HomeRule
OrdinanceapprovedFebruary19andMarch5,1991(G a.L.1992,
p.7048),relatingtothoseprovisionswhichsurviv ed
consolidation;tostrikelanguagerequiringthatth eAdministrator
haveanofficeattheCourthouse;toupdatethenam eofthe
government;torepealallLocalLaws,CharterSecti ons,Code
SectionsandOrdinancesandpartsofLocalLaws,Ch arter
Sections,CodeSectionsandOrdinancesinconflict herewith;to
provideaneffectivedateandforotherpurposes.
Background:TheBoardofCommissionersofRichmondCountywasc reatedby
1907legislationtitled“AnActtocreateaBoardo f
CommissionersforRoadsandRevenuesfortheCounty of
Richmond”.Thisacthasbeenamendednumeroustime soverthe
pastcenturyandpartsofithavebeensupersededb yotherlaws
(Ga.L.1995,p.3648;Ga.L.1996,p.3607;Ga.L.1997,p.4024;
Ga.L.1997,p.4690).Theportionsoftheacttha thavenotbeen
supersededhavenotbeenupdatedinanumberofyea rs.UntilCover Memo
Item # 22
now,thelocationforRichmondCountyandotherAug usta,
GeorgiajudicialfunctionshavebeenattheMunicip alBuildingat
530GreeneStreetandthefacilityat401WaltonWa yinAugusta,
Georgia.Section1-48oftheAugusta,GeorgiaChar terandLaws
ofLocalApplication1931Ga.Lawsp.555,§4prov idethat"said
Commissionersshallholdonesesionforcountypurp osesatthe
courthouseonthefirstTuesdayineverymonth,and atother
times...."Section1-50oftheAugusta,GeorgiaCh arterandLaws
ofLocalApplication1980Ga.Lawsp.4590,§6pro videthatthe
Administrator“shallhaveanofficeatthecourthou se.”The
Augusta,Georgiacourthouselocationwillchangeas aresultof
therecentconstructionoftheAugustaJudicialCen terandJohnH.
RuffinJr.Courthouse,locatedat735JamesBrownB lvd.in
Augusta,Georgia.ThecurrentplanisforCommissio nmeetingsto
continuetotakeplaceattheMunicipalBuildingat 530Greene
StreetratherthanthenewAugustaJudicialCentera ndJohnH.
RuffinJr.CourthouseandfortheofficesoftheA dministrator
remainintheMunicipalBuildingat530GreeneStre et.This
amendmentistostrikethelanguagerequiringthat the
Commissionmeetingsbe"atthecourthouse"andstri kethe
languagerequiringthattheAdministratorhaveano ffice"atthe
courthouse"andtoupdatethelanguageoftheseloc allawsto
reflectthenamechangeofthegovernmentrequired by1997Ga.
Lawsp.4024,whichdesignatesthenameofthecons olidated
governmentas“Augusta,Georgia”.Aredlinedocumentreflecting
theproposedchangesisattached.
Analysis:Seeattached.
FinancialImpact:N/A.
Alternatives:1.CreateanofficefortheAdministratoratthene wJudicial
Center.2.HaveCommissionmeetingsatthenewJudi cialCenter.
Recommendation:Approveamendments.
FundsareAvailable
intheFollowing
Accounts:
N/A.
REVIEWEDANDAPPROVEDBY :
Administrator
ClerkofCommission
Cover Memo
Item # 22
Attachment number 1
Page 1 of 6
Item # 22
Attachment number 1
Page 2 of 6
Item # 22
Attachment number 1
Page 3 of 6
Item # 22
Attachment number 1
Page 4 of 6
Item # 22
Attachment number 1
Page 5 of 6
Item # 22
Attachment number 1
Page 6 of 6
Item # 22
Version 4-5-2011
ORDINANCE NO. ___________
AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF AUGUSTA,
GEORGIA TO AMEND AN ACT (17,7/('³$1$&772&5($7($
BOARD OF COMMISSIONERS FOR ROADS AND REVENUES FOR THE
COUNTY OF RICHMOND; TO DEFINE THEIR POWERS AND DUTIES;
$1')2527+(5385326(6´APPROVED AUGUSTA 19, 1907 (GA. L.
1907, P. 324), AS AMENDED BY AN ACT APPROVED AUGUSTA 14, 1931
(GA. L. 1931, P. 555), AS AMENDED BY AN ACT APPROVED MARCH 10,
1964 (GA. L. 1964, P. 2809), AS AMENDED BY AN ACT APPROVED
MARCH 10, 1964 (GA. L. 1964, P. 2810), AS AMENDED BY AN ACT
APPROVED MARCH 21, 1970 (GA. L. 1970, P. 3325), AS AMENDED BY
AN ACT APPROVED MARCH 21, 1970 (GA. L. 1970, P. 3327), AS
AMENDED BY AN ACT APPROVED MARCH 22, 1974 (GA. L. 1974, P.
3034), AS AMENDED BY AN ACT APPROVED MARCH 21, 1974 (GA. L.
1974, P. 3562), AS AMENDED BY AN ACT APPROVED APRIL 17, 1975
(GA. L. 1975, P. 3857), HOME RULE ORDINANCE APPROVED
DECEMBER 7 AND 21, 1976 (GA. L. 1977, P. 4559), HOME RULE
ORDINANCE APPROVED MAY 1 AND MAY 15, 1979 (GA. L. 1980, P.
4590), AS AMENDED BY AN ACT APPROVED MARCH 14, 1984 (GA. L.
1984, P. 4245), AND HOME RULE ORDINANCE APPROVED FEBRUARY
19 AND MARCH 5, 1991 (GA. L. 1992, P. 7048), RELATING TO THOSE
PROVISIONS WHICH SURVIVED CONSOLIDATION; TO STRIKE
LANGUAGE REQUIRING THAT THE ADMINISTRATOR HAVE AN
OFFICE AT THE COURTHOUSE; TO UPDATE THE NAME OF THE
GOVERNMENT; TO REPEAL ALL LOCAL LAWS, CHARTER
SECTIONS, CODE SECTIONS AND ORDINANCES AND PARTS OF
LOCAL LAWS, CHARTER SECTIONS, CODE SECTIONS AND
ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN
EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREASWKRVHVHFWLRQVRI³$Q$FWWRFUHDWHD%RDUGRI&RPPLVVLRQHUV
IRU 5RDGV DQG 5HYHQXHV IRU WKH &RXQW\ RI 5LFKPRQG´ ZKLFK SHUWDLQ WR WKH
creation, election, and general powers of the Commission have been superseded by
consolidation (Ga. L. 1995, p. 3648; Ga. L. 1996, p. 3607; Ga. L. 1997, p. 4024;
Ga. L. 1997, p. 4690); and
WHEREAS, the location for Richmond County and other Augusta, Georgia
judicial functions have been at the Municipal Building at 530 Greene Street and the
facility at 401 Walton Way in Augusta, Georgia; and
Attachment number 2
Page 1 of 6
Item # 22
Version 4-5-2011
WHEREAS, the Augusta, Georgia courthouse location will change as a
result of the recent construction of the Augusta Judicial Center and John H. Ruffin
Jr. Courthouse, located on Walton Way between 10th Street and James Brown
Blvd. in Augusta, Georgia; and
WHEREAS, Section 1-50 of the Augusta, Georgia Charter and Laws of
Local Application 1980 Ga. Laws p. 4590, § 6 provide that the Administrator
³VKDOOKDYHDQRIILFHDWWKHFRXUWKRXVH´ DQG
WHEREAS, Augusta, Georgia seeks to have the offices of the
Administrator remain in the Municipal Building at 530 Greene Street rather than
the new Augusta Judicial Center and John H. Ruffin Jr. Courthouse; and
WHEREAS, 1997 Ga. Laws p. 4024 designates the name of the
FRQVROLGDWHGJRYHUQPHQWDV³$XJXVWD*HRUJLD´ and
WHEREAS, Augusta, Georgia seeks to update the local laws to reflect the
name of the consolidated government;
NOW BE IT THEREFORE ORDAINED as follows:
CHARTER AND LAWS OF LOCAL APPLICATION. An ordinance to amend
local legislative act 1907 Ga. Laws p. 324, known as ³An Act to create a Board of
&RPPLVVLRQHUVIRU5RDGVDQG5HYHQXHVIRUWKH&RXQW\RI5LFKPRQG´, approved
Augusta 19, 1907 (Ga. L. 1907, p. 324), as amended by an Act approved Augusta
14, 1931 (Ga. L. 1931, p. 555), as amended by an Act approved March 10, 1964
(Ga. L. 1964, p. 2809), as amended by an Act approved March 10, 1964 (Ga. L.
1964, p. 2810), as amended by an Act approved March 21, 1970 (Ga. L. 1970, p.
3325), as amended by an Act approved March 21, 1970 (Ga. L. 1970, p. 3327), as
amended by an Act approved March 22, 1974 (Ga. L. 1974, p. 3034), as amended
by an Act approved March 21, 1974 (Ga. L. 1974, p. 3562), as amended by an Act
approved April 17, 1975 (Ga. L. 1975, p. 3857), Home Rule Ordinance approved
December 7 and 21, 1976 (Ga. L. 1977, p. 4559), Home Rule Ordinance approved
May 1 and May 15, 1979 (Ga. L. 1980, p. 4590), as amended by an Act approved
March 14, 1984 (Ga. L. 1984, p. 4245), and Home Rule Ordinance approved
February 19 and March 5, 1991 (Ga. L. 1992, p. 7048), so that said Act when
amended shall read as follows:
Section 1. The Augusta, Georgia Board of Commissioners shall establish
and maintain a program of recreation for the benefit of all citizens of
Augusta, Georgia. In establishing and carrying out such program, the
commissioners shall establish and locate recreational facilities throughout
Attachment number 2
Page 2 of 6
Item # 22
Version 4-5-2011
Augusta, Georgia so that such programs shall be available to all citizens of
Augusta, Georgia.
Section 2. The Augusta, Georgia Board of Commissioners shall establish a
program of animal control to prevent stray animals from running at large
throughout Augusta, Georgia. In order to carry out said program, the
Commission shall establish and maintain appropriate facilities for the
collection and housing of impounded stray animals from throughout
Augusta, Georgia. The Commission shall have the authority to adopt
reasonable resolutions in relation to the subject matter of this Section in
order to carry out the powers, duties and responsibilities imposed upon them
by the provisions of this section.
Section 3. Any person, firm, partnership or corporation violating any rule or
regulation established by the Augusta, Georgia Board of Commissioners
under the authority of this law for the protection of the general public in the
control of animals, not in conflict with the general laws of this State of the
United States, shall be guilty of a misdemeanor.
Section 4. The Augusta, Georgia Board of Commissioners shall establish a
program to regulate and control access points and utility excavations on all
Augusta, Georgia roads, and said Commission shall have the authority to
adopt reasonable regulation in relation to the subject matter of this Section in
order to carry out the powers, duties and responsibilities imposed upon them
by the provisions of this section.
Section 5. The Augusta, Georgia Board of Commissioners shall each year
prior to November 1st selected a certified public accounting firm to perform
an audit of all Augusta, Georgia offices handling public funds for the
subsequent fiscal year. No such firm shall be selected for said audit which
has performed such services for three consecutive years.
Section 6. The Augusta, Georgia Board of Commissioners shall hold one
session for Augusta, Georgia purposes on the first Tuesday in every month,
except the month of April 2007 and the month of April for every year
thereafter, and at other times as often as in their judgment the powers and
duties herein conferred may require.
Section 7. The Augusta, Georgia Board of Commissioners shall have the
power and authority to elect an Administrator. The Administrator shall be
responsible to the Board of Commissioners of Augusta, Georgia for the
Attachment number 2
Page 3 of 6
Item # 22
Version 4-5-2011
proper administration of the affairs of Augusta, Georgia. The terms and
conditions of employment of the Administrator, and the duties of the
Administrator shall be as determined by resolution of the Board of
Commissioners of Augusta, Georgia.
Section 8. The Augusta, Georgia Board of Commissioners shall have the
authority to elect an attorney at law who is licensed as such, and whose duty
it shall be to advise and represent the Commission in all legal matters
pertaining to the discharge of their official duties and to represent the
interests of Augusta, Georgia as the Commission deems it proper. The term
of office for said attorney shall be for one year, and he shall be elected by
the Commission at its regular meeting in January of each year. Said attorney
shall be compensated upon a fee basis or upon a fixed monthly, annually or
other method of compensation as the Commission deems to be in the best
interest of Augusta, Georgia. The county attorney shall be ineligible for
membership under any existing pension or retirement laws of Augusta,
Georgia.
Section 9. The Augusta, Georgia Board of Commissioners is authorized and
empowered to employ additional attorneys for compensation when deemed
in the best interest of Augusta, Georgia by the Commission, and to pay said
compensation out of Augusta, Georgia funds.
Section 10. All laws and parts of laws in conflict with this amendment are
hereby repealed.
SECTION 2. This ordinance shall become effective upon its adoption in
accordance with applicable laws. Once this ordinance is read into the minutes by
the Commission, a notice containing a synopsis of the proposed local act and
Charter amendments shall be published in the Augusta Chronicle once a week for
three weeks. Following the final week of publication, the local act and Charter
amendments shall be placed on the Commission agenda for final approval. The
local act and Charter amendments will be effective following the second reading of
the final approval.
SECTION 3. All code provisions, ordinances or parts of ordinances in conflict
herewith are to be repealed upon the final approval of these local act and Charter
amendments.
Adopted this ______ day of _________________, 2011.
Attachment number 2
Page 4 of 6
Item # 22
Version 4-5-2011
______________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 2
Page 5 of 6
Item # 22
Version 4-5-2011
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that
the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission
on ______________________, 2011 and that such Ordinance has not been
modified or rescinded as of the date hereof and the undersigned further certifies
that attached hereto is a true copy of the Ordinance which was approved and
adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
Attachment number 2
Page 6 of 6
Item # 22
An Act to create a board of commissioners of roads and revenues for the county of Richmond; to
define their powers and duties, and for other purposes (as amended).
Section 1.
(a) Beginning January 1, 1985, the governing authority of Richmond County shall be a
board of commissioners of said county, referred to in the section as the board,
consisting of six members.
(b) For the purpose of the board established in subsection (a) of this section, Richmond
County is divided into six commissioner districts as follows:
Commissioner District 1 ± That portion of Richmond County lying within House
District 85.
Commissioner District 2 ± That portion of Richmond County lying within House
District 86.
Commissioner District 3 ± That portion of Richmond County lying within House
District 87.
Commissioner District 4 ± That portion of Richmond County lying within House
District 88.
Commissioner District 5 ± That portion of Richmond County lying within House
District 89.
Commissioner District 6 ± That portion of Richmond County lying within House
District 90.
$V XVHG LQ WKLV VXEVHFWLRQ µ+RXVH 'LVWULFW¶ PHDQV UHSUHVHQWDWLYH GLVWULFWV RI WKH
Georgia House of Representatives specified in Code Section 28-2-1 of the O.C.G.A.,
as such Code section existed on January 1, 1984. Any part of Richmond County
which is not included in an commissioner district described in this subsection shall be
included within that commissioner district contiguous to such part which contains the
least population according to the United States decennial census of 1980 for the State
of Georgia.
(c) No person shall be eligible to serve as a member of the board unless that person:
(1) Has been a resident of the commissioner district from which elected for a period
of one year immediately prior to the date of the election;
(2) Continues to reside within the commissioner district from which elected during
WKDWSHUVRQ¶VWHUPRIRIILFH DQG
Attachment number 3
Page 1 of 6
Item # 22
(3) Is a registered and qualified elector of Richmond County.
(d) Those members of the board of commissioners of Richmond County serving as such
on January 1, 1984, under the previously existing provisions of this section shall
serve out their respective terms of office but shall be deemed to be serving out those
terms in designated commissioner districts as follows:
Mr. Larry Colet Commissioner District 1
Mr. Tom Tinsley Commissioner District 2
Mr. William J. Williams Commissioner District 4
Mr. Jack Miles Commissioner District 5
Mr. Jack Padgett Commissioner District 6
(e) those members of the board who, under subsection (d) of this section, are deemed to
be serving out their terms in the designated Commissioners Districts 1 and 4, shall
serve until December 31, 1984, and the election and qualification of their respective
successors, which successors shall be elected for Commissioner districts 1 and 4 at
the 1984 November general election. At that same 1984 November general election,
the first member shall be elected for Commissioner District 2. The first members
thus elected from Commissioner Districts 1, 2 and 4 shall serve, beginning January 1,
1985, for initial terms of four years each and until their respective successors are
elected and qualified under subsection (g) of this section. Those members of the
board who, under subsection (d) of this section, are deemed to be serving out their
terms in designated Commissioner Districts 3, 5 and 6 shall serve until December 31,
1986, and until their respective successors are elected and qualified under subsection
(f) of this section. From January 1, 1985, until December 31, 1986, the board shall
consist of those three members first elected under this subsection and those three
incumbent members continued in office under this subsection.
(f) At the 1986 November general election, successors to those members of the board of
Commissioners Districts 3, 5 and 6, all of whose terms expire December 31, 1986,
shall be elected to serve, beginning January 1, 1987, for terms of four years each and
until their respective successors are elected and qualified under subsection (g) of this
section.
(g) Successors to members of the board whose terms expire after December 31, 1986,
shall be elected at the general election immediately preceding the expiration of that
UHVSHFWLYH PHPEHU¶V WHUP RI RIILFH VKDOOtake office on the first day of January
immediately following their election for terms of four years and until the election and
qualification of their respective successor.
(h) Each member of the board elected to the board in the 1984 November general
election or any election thereafter shall be elected by a majority of voters voting
within the commissioner district of that member. All members of the board shall be
nominated and elected in accordance with the provisions of Chapter 2 of the Title 21
of the O.C.G.A., the Georgia Election Code.
Attachment number 3
Page 2 of 6
Item # 22
(i) Any vacancy in the board which occurs within in six months prior to the expiration of
a term of office shall be filled for the unexpired term, and until a successor is elected
and qualified, by a member appointed by the remaining members of the board. Any
vacancy in the board which occurs more than six months prior to the expiration of a
term of office shall be filled for the unexpired term, and until a successor is elected
and qualified, by a special election called for that purpose within 45 days after that
vacancy occurs. No person shall be appointed or elected to fill a vacancy unless that
person resides in the commissioner district corresponding to that of the member
whose unexpired term is being filled.
(j) At the first regular meeting of the board in 1985, and at that first meeting each year
thereafter, the members of the board shall elect from their number a chairperson and
vice chairperson to serve as such until the first regular meeting of the board the
immediately succeeding year. The chairperson shall preside at meeting of the board
and vote on all matters before the board and have such further duties as the board may
provide. The vice chairperson shall serve as the chairperson during the absence,
disqualification, or disability of the chairperson. Vacancies in the office of
chairperson or vice chairperson shall be filled by the remaining members of the board
electing from this number a successor to fill any unexpired term as chairperson or
vice person, respectively. A majority of the members of the board shall constitute a
quorum for the transaction of business of the board.
(k) The chairperson of the board shall receive an annual salary of $12,000.00, payable in
equal monthly installments, and a monthly expense allowance of $200.00 for actual DQG QHFHVVDU\ H[SHQVHV LQFXUUHG LQ FDUU\LQJ RXW WKH FKDLUSHUVRQ¶V RIILFLDO GXWLHV
Member of the board, other than the chairperson, shall each receive an annual salary
of $7,200.00, payable in equal monthly installments, and a monthly expense
allowance of $100.00 for actual and necessary expenses incurred in carrying out their
respective official duties. The salary and expense allowances of the chairperson and
other members of the board shall be paid from county funds.
(l) The board shall have the right and power to issue all necessary writs and summon
parties or witnesses before it and shall have the power to punish for contempt by fine
or imprisonment in the same manner as the probate court. The sheriff or the county
policy of Richmond County may be required to attend meetings of the board.
Section 2. Before entering upon the discharge of their duties, each member of the Board
of Commissioners shall take an oath before the Judge of the Superior Court or Probate Judge of
said County for the true and faithful performance of their duties and that they are not the holders
of any public funds unaccounted for. In addition, each member of the Board of Commissioners
shall further give a satisfactory surety bond to be approved by the Probate Judge of the County
and payable to the Probate Judge or his successors in office and filed in the office of the Probate
Judge, in the sum of Ten Thousand ($10,000.00) Dollars, conditioned upon the faithful
performance of the office, which bond, when approved by said Probate Judge, shall be by him
Attachment number 3
Page 3 of 6
Item # 22
recorded in the recorded of official bonds kept by him in his office. The premiums due on all
such bonds shall be paid by the County fiscal authorities out of the County treasury.
Section 3. Be it further enacted, that the said board of commissioners shall exercise all
the powers relative to county matters that were vested in the judge of the city court as ex-officio FRPPLVVLRQHURIURDGVDQGUHYHQXHVXQGHUDQGE\YLUWXHRIDQ$FW³to constitute the judge of the
city court in the County of Richmond ex-officio commissioner of roads and revenues for
5LFKPRQG&RXQW\ WRGHILQHKLVSRZHUVDQGGXWLHV DQGIRURWKHUSXUSRVHV´DSSURYHG6HSWHPEHU
17, 1883.
Section 3A. The Augusta, Georgia bBoard of cCommissioners of Richmond County
shall establish and maintain a program of recreation for the benefit of all citizens of Richmond
CountyAugusta, Georgia. In establishing and carrying out such program, the commissioners
shall establish and locate recreational facilities throughout the countyAugusta, Georgia so that
such programs shall be available to all citizens of Richmond CountyAugusta, Georgia.
Section 3B. The Augusta, Georgia Board of cCommissioners of Richmond County shall
establish a program of animal control to prevent stray animals from running at large throughout
the countyAugusta, Georgia. In order to carry out said program, the board of
commissionersCommission of Richmond County shall establish and maintain appropriate
facilities for the collection and housing of impounded stray animals from throughout Augusta,
GeorgiaRichmond County. The commissioners of Richmond CountyCommission shall have the
authority to adopt reasonable resolutions in relation to the subject matter of this Section in order
to carry out the powers, duties and responsibilities imposed upon them by the provisions of this
section.
Section 3C. Any person, firm, partnership or corporation violating any rule or regulation
established by the Augusta, Georgia bBoard of cCommissioners under the authority of this law
for the protection of the general public in the control of animals, not in conflict with the general
laws of this State of the United States, shall be guilty of a misdemeanor.
Section 3D. The Augusta, Georgia Board of Commissioners of Richmond County shall
establish a program to regulate and control access points and utility excavations on all county
Augusta, Georgia roads, and said board Commission shall have the authority to adopt reasonable
regulation in relation to the subject matter of this Section in order to carry out the powers, duties
and responsibilities imposed upon them by the provisions of this section.
Section 3(D). The Augusta, Georgia Board of Commissioners of Richmond County shall
each year prior to November 1st selected a certified public accounting firm to perform an audit of
all county Augusta, Georgia offices handling public funds of Richmond County for the
subsequent fiscal year. No such firm shall be selected for said audit which has performed such
services for three consecutive years.
Section 4. Be it further enacted, that said commissioners shall hold one session for
county Augusta, Georgia purposes at the courthouse on the first Tuesday in every month, except
Attachment number 3
Page 4 of 6
Item # 22
the month of April 2007 and the month of April for every year thereafter, and at other times as
often as in their judgment the powers and duties herein conferred may require.
Section 5. Be it further enacted, that they shall cause to be kept a book of minutes
containing their acts and doings as commissioners, a complete record of the affairs of the county.
Said minutes, records, and vouchers for all funds of the county disbursed shall be kept in the
FRPPLVVLRQHU¶RIILFHLQWKHFRXUW-house, and subject to the inspection and examination of the
grand juries at each and every tem of the superior court; and they shall at the spring term of the
superior court make to the grand jury thereof, a full and explicit report of the condition of the
affairs of the county for the preceding, and accompany said report with a statement of receipts
and disbursements for the year, and to furnish any information to the grand jury that they may
desire concerning county matters.
Section 6. Said Board of Commissioners shall have the power and authority to elect an
County Administrator, who shall have an office at the courthouse. The County Administrator
shall be responsible to the Board of Commissioners of Richmond County Augusta, Georgia for
the proper administration of the affairs of the County Augusta, Georgia. The terms and
conditions of employment of the County Administrator, and the duties of the County
Administrator shall be as determined by resolution of the Board of Commissioners of Richmond
County Augusta, Georgia.
Section 7. Be it further enacted, that all laws and parts of laws in conflict with this Act,
HVSHFLDOO\VHFWLRQRI³$Q$FWWRHVWDEOLVKDFLW\FRXUWLQWKH&RXQW\RI5LFKPRQG WRSURYLGH
for the appointment of the judge and solicitor thereof, and to deILQHWKHLUSRZHUVDQGGXWLHV´DSSURYHG6HSWHPEHU DQG³$Q$FWWRFRQVWLWXWHWKHMXGJHRIWKHFLW\FRXUWLQWKH&RXQW\
of Richmond ex-officio commissioner of roads and revenues for Richmond county; to define his
powers and duties; and for other puUSRVHV´DSSURYHG6HSWHPEHUEHDQGWKHVDPHLV
hereby repealed.
Section 8. The Augusta, Georgia bBoard of cCommissioners shall have the authority to
elect an attorney at law who is licensed as such, and whose duty it shall be to advise and
represent the said board of commissionersCommission in all legal matters pertaining to the
discharge of their official duties and to represent the interests of the countyAugusta, Georgia as
said board of commissionersthe Commission deems it proper. The term of office for said
attorney shall be for one year, and he shall be elected by said boardthe Commission at its regular
meeting in January of each year. Said attorney shall be compensated upon a fee basis or upon a
fixed monthly, annually or other method of compensation as said board of commissionersthe
Commission deems to be in the best interest of the countyAugusta, Georgia. The county
attorney shall be ineligible for membership under any existing pension or retirement laws of
Richmond CountyAugusta, Georgia.
Section 9. The Augusta, Georgia bBoard of cCommissioners is authorized and
empowered to employ additional attorneys for compensation when deemed in the best interest of
the countyAugusta, Georgia by said board of commissionersthe Commission, and to pay said
compensation out of county Augusta, Georgia funds..
Attachment number 3
Page 5 of 6
Item # 22
Section 10. Be it further enacted, that all laws and parts of laws in conflict with this
amendment be and the same are hereby repealed.
Attachment number 3
Page 6 of 6
Item # 22
CommissionMeetingAgenda
5/3/20115:00PM
RecommendationforRCCIWardenPosition
Department:Administrator
Caption:MotiontoapprovetherecommendationoftheAdminis tratorto
appointEvanJosephasRCCIWarden.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Administrator.
ClerkofCommission
Administrator.
ClerkofCommission
Cover Memo
Item # 23
Attachment number 1
Page 1 of 3
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Attachment number 1
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Item # 23
CommissionMeetingAgenda
5/3/20115:00PM
MotiontoApproveanOrdinanceAmendingtheDuties oftheAdministrator
Department:Law
Caption:Motionto approveanordinancetoamendtheAugusta,GACode
TitleOneArticleThreeSection1-2-36relatingto dutiesofthe
AdministratorofAugusta,Georgia;torepealallco desectionsand
ordinancesandpartsofcodesectionsandordinance sinconflict
herewith;toprovideaneffectivedateandforothe rpurposes.
(ApprovedbyCommissionApril19,2011-secondre ading)
Background:OnMarch1,2011,theAugusta,GeorgiaCommissiona pproved
revisionstotheAugusta,GeorgiaPersonnelPolicy and
ProceduresManualwhichincludedrevisionstothes copeofthe
dutiesoftheAdministrator.Thisproposedordinan ceupdatesand
amendstheAugusta,GeorgiaCoderelatedtotheAdm inistrator's
dutiestobeconsistentwiththerevisionstotheP ersonnelPolicy
andProceduresManual.Aworksessionregardingthi samended
ordinancewasheldonFriday,March18,2011.
Analysis:
FinancialImpact:
Alternatives:Deny
Recommendation:Approve
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 24
Version 3-18-11
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE TITLE ONE
ARTICLE THREE SECTION 1-2-36 RELATING TO DUTIES OF THE
ADMINISTRATOR OF AUGUSTA, GEORGIA; TO REPEAL ALL CODE
SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND
ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN
EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, On March 1, 2011, the Augusta Georgia Commission approved
revisions to the Augusta, Georgia Personnel Policy and Procedures Manual; and
WHEREAS, Augusta, Georgia desires to update and amend the Code as related to
the duties of the Administrator to be consistent with the revisions to the Augusta,
Georgia Personnel Policy and Procedures Manual;
THE AUGUSTA, GEORGIA COMMISSION, ordains as follows:
SECTION 1. AUGUSTA, GA. CODE Section 1-2-36 as set forth in the Augusta, Ga.
Code, re-adopted July 10, 2007, is hereby amended by striking this section in its
entirety DVVHWIRUWKLQ³([KLELW$´KHUHWRand inserting in lieu thereof new Code
Section 1-2-36, restated as set forth in ³([KLELW%´KHUHWR
SECTION 2. This ordinance shall become effective upon its adoption in
accordance with applicable laws.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Adopted this _____ day of , 2011.
___________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1
Page 1 of 7
Item # 24
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CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that
the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission
on_________________, 2011 and that such Ordinance has not been modified or
rescinded as of the date hereof and the undersigned further certifies that attached
hereto is a true copy of the Ordinance which was approved and adopted in the
foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
First Reading ______________________
Second Reading ______________________
Attachment number 1
Page 2 of 7
Item # 24
Version 3-18-11
Exhibit A
Sec. 1-2-36. Duties.
The Administrator for Augusta-Richmond County shall be the administrative
officer of Augusta-Richmond County and head of the administrative branch of
Augusta-Richmond County government. The Administrator shall be responsible to
the Mayor and Commission for the proper administration of all affairs of Augusta-
Richmond County, and his duties shall be as follow:
(a) To recommend for appointment or removal all Augusta-Richmond County
department heads, subject to the approval of the Commission, with the
exception of the Augusta-Richmond County attorney, the Clerk of
Commission, the Equal Opportunity Officer, and the internal auditor, all of
whom shall be appointed and discharged directly by the Commission;
(b) Subject to the rules and regulations of the Commission, where applicable,
the Administrator for Augusta-Richmond County shall be the appointed
authority for all other Augusta-Richmond County employees whose
appointment is now or hereinafter vested in the Commission, and shall have
the right to employ and discharge the same;
(c) To execute all lawful orders, directions, instructions, and all ordinances,
resolutions and regulations adopted by the Commission consistent with this
Code and entered upon the minutes of the Commission; in the execution of
these matters, the Administrator shall keep the Mayor fully informed and
shall coordinate with the Mayor to ensure that all laws, ordinances, and
resolutions of Augusta-Richmond County are faithfully executed;
(d) To have supervision over all departments or divisions of Augusta-Richmond
County now or hereinafter subject to the jurisdiction of the Commission;
(e) To attend all meetings of the Commission, with the right to take part in the
discussion;
(f) To prepare and to recommend salary scales for all employees;
(g) To prescribe the duties and supervise the work of Augusta-Richmond
County employees;
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(h) To require reports from heads of departments, and other employees trusted
with administrative duties or exercising discretion:
(i) To prepare and submit to the Mayor and Commission a proposed annual
budget; when the budget has been prepared and adopted as provided by law
by the Commission, it shall be the duty of the Administrator for Augusta-
Richmond County to execute the budget; no department or office of
Augusta-Richmond County government shall exceed the budget without the
approval of the Commission;
(j) To keep the Mayor and Commission fully advised on the financial
conditions and future needs of Augusta-Richmond County and shall make
such recommendations on Augusta-Richmond County affairs as the
Administrator deems necessary for the effective operation of Augusta-
Richmond County;
(k) To act as liaison between the Mayor and/or Commission and all Augusta-
Richmond County department heads or employees of Augusta-Richmond
County;
(l) To confer with and assist all other elected or appointed officials of
Richmond County, and all departments, such as Augusta-Richmond County
health department, the Augusta-Richmond County Department of Family
and Children Services, whose missions are not under the direct control and
supervision of the Commission, but who are dependent upon the
appropriations of the Commission for their continued operation;
(m) To submit to the Mayor and Commission at the end of each fiscal year a
complete report on the finances and administrative activities of Augusta-
Richmond County for the preceding year;
(n) To see that all legislation, programs, regulations or plans promulgated and
required by the state or federal government are duly carried out and
complied with in accordance with such legislation, programs, regulations or
plans;
(o) To perform such other duties as may be required for him by the Mayor and
Commission.
Attachment number 1
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Item # 24
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Exhibit B
Sec. 1-2-36. Duties of Administrator.
The Administrator for Augusta, Georgia shall be the administrative officer of
Augusta, Georgia and head of the administrative branch of Augusta, Georgia
government. The Administrator shall be responsible to the Mayor and
Commission for the proper administration of all affairs of Augusta, Georgia, and
his duties shall be as follow:
(a) To have the exclusive right to recommend for appointment or removal all
Augusta, Georgia department heads, subject to the approval of the
Commission, with the exception of the General Counsel, the Clerk of
Commission, the Equal Employment Opportunity Director, and the
Disadvantaged Business Enterprise Liaison, all of whom shall be appointed
and discharged directly by the Mayor and Commission;
(b) Subject to the rules and regulations of the Commission, where applicable,
the Administrator for Augusta, Georgia shall be the appointed authority for
all other Augusta, Georgia employees whose appointment is now or
hereinafter vested in the Commission, and shall have the right to employ and
discharge the same;
(c) To execute all lawful orders, directions, instructions, and all ordinances,
resolutions and regulations adopted by the Commission consistent with this
Code and entered upon the minutes of the Commission; in the execution of
these matters, except as otherwise provided in the Augusta, Georgia Charter,
the Administrator shall keep the Mayor fully informed and shall coordinate
with the Mayor to ensure that all laws, ordinances, and resolutions of
Augusta, Georgia are faithfully executed;
(d) To have supervision over all departments or divisions of Augusta, Georgia
now or hereinafter subject to the jurisdiction of the Commission, with the
exception of the General Counsel, the Clerk of Commission, the Equal
Employment Opportunity Director, and the Disadvantaged Business
Enterprise Liaison, all of whom shall report directly to the Mayor and
Commission;
Attachment number 1
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(e) To attend all meetings of the Commission, with the right to take part in the
discussion;
(f) To prepare and to recommend salary scales for all employees;
(g) To prescribe the duties and supervise the work of Augusta, Georgia
employees, with the exception of the Augusta, Georgia Law Department, the
Clerk of Commission, the Equal Employment Opportunity Director, and the
Disadvantaged Business Enterprise Liaison, all of whom shall report directly
to the Mayor and Commission;
(h) To require reports from heads of departments, and other employees trusted
with administrative duties or exercising discretion, with the exception of the
General Counsel, the Clerk of Commission, the Equal Employment
Opportunity Director, and the Disadvantaged Business Enterprise Liaison,
all of whom shall report directly to the Mayor and Commission;
(i) To prepare and submit to the Mayor and Commission a proposed annual
budget; when the budget has been prepared and adopted as provided by law
by the Commission, it shall be the duty of the Administrator for Augusta,
Georgia to execute the budget; no department or office of Augusta, Georgia
government shall exceed the budget without the approval of the
Commission;
(j) To keep the Mayor and Commission fully advised on the financial
conditions and future needs of Augusta, Georgia and shall make such
recommendations on Augusta, Georgia affairs as the Administrator deems
necessary for the effective and efficient operation of Augusta, Georgia;
(k) To act as liaison between the Mayor and/or Commission and all Augusta,
Georgia department heads or employees of Augusta, Georgia, with the
exception of the General Counsel, the Clerk of Commission, the Equal
Employment Opportunity Director, and the Disadvantaged Business
Enterprise Liaison, all of whom shall report directly to the Mayor and
Commission;
(l) To confer with and assist all other elected or appointed officials of
Richmond County, and all departments, such as Augusta-Richmond County
health department, the Augusta-Richmond County Department of Family
and Children Services, whose missions are not under the direct control and
Attachment number 1
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Item # 24
Version 3-18-11
supervision of the Commission, but who are dependent upon the
appropriations of the Commission for their continued operation;
(m) To submit to the Mayor and Commission at the end of each fiscal year a
complete report on the finances and administrative activities of Augusta,
Georgia for the preceding year;
(n) To see that all legislation, programs, regulations or plans promulgated and
required by the state or federal government are duly carried out and
complied with in accordance with such legislation, programs, regulations or
plans;
(o) To approve all position classifications, reclassifications, reorganizations, and
pay adjustments up to fifteen (15%) percent of base pay and provide the
Administrative Services Committee with a monthly report of such
adjustment(s) following any calendar month during which such
adjustment(s) were made; and
(p) To perform such other duties as may be required for him by the Mayor and
Commission.
Attachment number 1
Page 7 of 7
Item # 24
CommissionMeetingAgenda
5/3/20115:00PM
PensionCommittee
Department:
Caption:Motionto approveanOrdinancetoamendtheGeorgiaMunicipal
EmployeesBenefitSystem(GMEBS)definedbenefitpe nsion
plantooutlineandadoptprovisionsoftheplanan ditsbenefits
duringa "ReductionInForce"andwaivethesecondreading.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 25
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CommissionMeetingAgenda
5/3/20115:00PM
Affidavit
Department:ClerkofCommission
Caption:Motionto authorizeexecutionbytheMayoroftheaffidavitof
compliancewithGeorgia'sOpenMeetingAct.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 26