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HomeMy WebLinkAbout2011-06-30-Meeting AgendaCommissionMeetingAgenda CommissionChamber 6/30/2011 5:00PM INVOCATION:ReverendMichaelFreed,Pastor,AscensionLutheran Church PLEDGEOFALLEGIANCETOTHEFLAGOFTHEUNITEDSTAT ESOFAMERICA. Five(5)minutetimelimitperdelegation DELEGATIONS A.Downtownmerchantsandpropertyownersregardingdo wntownstreet closures.(RequestedbyCommissionerJ.R.Hatney) Attachments B.Mr. Yahya E.B. Henry, The Aribra Group.RE: Moving Augusta Forward(RequestedbyCommissionerMattAitken) Attachments CONSENTAGENDA (Items1-7) PLANNING 1.ZA-R-203–A request for concurrence with the Augusta Planning Commissionto approveapetitiontoamendtheComprehensiveZoning OrdinanceforAugusta,GeorgiabyamendingSection 2(Definitions)by adding definitions for cafes and restaurants.(Approved by theCommissionJune21,2011-secondreading) Attachments 2.ZA-R-204–A request for concurrence with the Augusta Planning Commissionto approveapetitiontoamendtheComprehensiveZoning Ordinance for Augusta, Georgia by deleting the curr ent language in Section21-1(NeighborhoodBusiness)permittingrestaurantsan dcafes andaddingnewprovisionsfortheiruse.(ApprovedbytheCommission Attachments June21,2011-secondreading) 3.ZA-R-205–A request for concurrence with the Augusta Planning Commissionto approveapetitiontoamendtheComprehensiveZoning Ordinance for Augusta, Georgia by adding a new Special Exception inSection21-2(NeighborhoodBusiness)forcafesthatservealco holic beverages.(Approved by the Commission June 21, 2011 -second reading) Attachments ADMINISTRATIVESERVICES 4.Motionto approve anOrdinancetoamendtheAugusta,GA.CodeTitle OneChapterFourArticleSixSections1-4-81throug h1-4-94relatingto theCreationandDutiesofthePlanningCommission andZoningBoard ofAppeals;torepealallCodeSectionsandOrdinan cesandpartofCode SectionsandOrdinancesinconflictherewith;topr ovideaneffectivedate andforotherpurposes.(ApprovedbytheCommissionJune21,2011- secondreading) Attachments 5.Motionto approveanOrdinancetoamendtheAugusta,GeorgiaCode, Article One, Chapter Ten, relating to the procureme nt of goods and services,theLocalSmallBusinessOpportunitiesPr ogramandtheDBE Programforfederallyassistedprojectssoastopr ovideupdatesandto establishpolicies,proceduresandguidelinesregar dingtheprocurement processandtheLocalSmallBusinessOpportunities Program;torepeal all Ordinances and parts of Ordinances in conflict herewith; to providean effective date and for other purposes.(Approved by theCommissionJune21,2011-secondreading2011) Attachments PETITIONSANDCOMMUNICATIONS 6.Motion to approvethe minutes of the regular meeting of the CommissionheldJune21 ,2011. Attachments APPOINTMENT(S) 7.Motionto approvetheappointmentofTheloniousJonestotheBoardo f ZoningAppealsrepresentingDistrict9. Attachments ****ENDCONSENTAGENDA**** AUGUSTACOMMISSION 6/30/2011 AUGUSTACOMMISSION REGULARAGENDA 6/30/2011 (Items8-27) PLANNING 8.Motionto approvetheadoptionoftheFloodInsuranceStudyandthe associatedFloodInsuranceRateMapsforAugustaRi chmondCounty. (ApprovedbyEngineeringServicesCommitteeSeptemb er8,2009) Attachments PUBLICSERVICES 9.Transfer Application: A. T. 11 -26: A request by Roan Miranda to transfertheLiquor&Beerlicenseusedinconnecti onwithIslandCafe locatedat982BroadSt.to830BroadSt.to beusedinconnectionwith theIslandCafe.TherewillbeDance.District1.S uperDistrict9. Attachments 10.NewOwnershipApplication:11-27:ArequestbyPritalkumarPatelfor a retail package Beer & Wine license to be used in connection with Mahaveer,LLCDBACentralExpresslocatedat2061C entralAvenue. District1.SuperDistrict9. Attachments 11.MotiontoapproveChangeOrder2,re-routingofseweraspartofthe Carrie Mays Park Improvement Project, to Dabbs-Williams for $28,619.50. Attachments 12.Discussion:considerprobation,suspensionorrevoc ationoftheBusiness TaxCertificateforDr.Jerath/AugustaHospitality ManagementGroup, d/b/a: Super 8 Motel, 3026 Washington Road, for fai lure to pay Hotel/MotelExciseTaxesandTransportation&Touri smFees. Attachments 13.Discussion:considerprobation,suspensionorrevoc ationoftheBusiness TaxCertificateforDr.Jerath/AugustaHospitality ManagementGroup, d/b/a: Baymont Inn & Suites, 629 Frontage Road, fo r failure to pay Hotel/MotelExciseTaxesandTransportation&Touri smFees. Attachments 14.Discussion:considerprobation,suspensionorrevoc ationoftheBusiness TaxCertificateforDr.Jerath/AugustaHospitality ManagementGroup, d/b/a:ComfortInn,2911RiverwestDrive,forfailu retopayHotel/Motel ExciseTaxesandTransportation&TourismFees. Attachments 15.Discussion:considerprobation,suspensionorrevoc ationoftheBusiness TaxCertificateforDr.Jerath/AugustaHospitality ManagementGroup, d/b/a:MicrotelInn,2909RiverwestDrive,forfail uretopayHotel/Motel ExciseTaxesandTransportation&TourismFees. Attachments 16.Discussion:considerprobation,suspensionorrevoc ationoftheBusiness TaxCertificateforDr.Jerath/AugustaHospitality ManagementGroup, d/b/a:QualityInn(Airport),2926PeachOrchardRo ad,forfailuretopay Hotel/MotelExciseTaxesandTransportation&Touri smFees. Attachments 17.Discussion:considerprobation,suspensionorrevoc ationoftheBusiness TaxCertificateforDr.Jerath/AugustaHospitality ManagementGroup, d/b/a: Wingate Inn, 2123 Noland Connector, for fai lure to pay Hotel/MotelExciseTaxesandTransportation&Touri smFees. Attachments 18.Discussion:considerprobation,suspensionorrevoc ationoftheBusiness TaxCertificateforDr.Jerath/AugustaHospitality ManagementGroup, d/b/a: Microtel Inn, 2176 Gordon Highway, for fail ure to pay Hotel/MotelExciseTaxesandTransportation&Touri smFees. Attachments 19.Discussion:considerprobation,suspensionorrevoc ationoftheBusiness TaxCertificateforDr.Jerath/AugustaHospitality ManagementGroup, d/b/a: Quality Inn Medical, 1455 Walton Way, for fa ilure to pay Hotel/MotelExciseTaxesandTransportation&Touri smFees. Attachments 20.Discussion:considerprobation,suspensionorrevoc ationoftheBusiness Attachments TaxCertificateforDr.Jerath/AugustaHospitality ManagementGroup, d/b/a: Econo Lodge, 1103 15th Street, for failure t o pay Hotel/Motel ExciseTaxesandTransportation&TourismFees. 21.Discussion:ArequestbyKimberlyJ.GrantforaTh erapeuticMassage OperatorslicensetobeusedinconnectionwithBod yKemistryTherapy locatedat211PleasantHomeRd.District7.Super District10. Attachments 22.Discussion: A request by Sibea Lewis for a Therapeu tic Massage Operators license to be used in connection with Som a Libre, LLC locatedat1328thSt.District1.SuperDistrict9 . Attachments FINANCE 23.Motionto approve2011HearingOfficer-PaySet.(Requestedbythe BoardofTaxAssessors) Attachments 24.ConsiderarequestfromTopNotchCarWashes,Inc.regardingawaiver of interest, penalties and fees concerning their 20 08 to 2010property taxes. Attachments ENGINEERINGSERVICES 25.Award the contract for the Bid Item 11-111, Real Estate Brokerage ServicesfortheCityofAugustatotheShermanand Hemstreet. Attachments 26.AwardthecontractfortheBidItem11-125,ReplacementoftheAugusta Museum of History Roof, to the low bidder, Bone Dry Roofing of Athens, GA. Their lump sum bid was $214,675 and the ir price for Alternate1was$53,650foratotalcontractprice of$268,325.00. Attachments LEGALMEETING A.PendingandPotentialLitigation. B.RealEstate. C.Personnel. UpcomingMeetings www.augustaga.gov 27.Motion to authorizeexecution by the Mayor of the affidavit of compliancewithGeorgia'sOpenMeetingAct. CommissionMeetingAgenda 6/30/20115:00PM Invocation Department: Caption:ReverendMichaelFreed,Pastor,AscensionLutheran Church Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 1 CommissionMeetingAgenda 6/30/20115:00PM DowntownMerchantsandPropertyOwners Department: Caption:Downtownmerchantsandpropertyownersregardingdo wntown streetclosures.(RequestedbyCommissionerJ.R.Hatney) Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 2 CommissionMeetingAgenda 6/30/20115:00PM YahyaE.B.Henry Department: Caption:Mr.YahyaE.B.Henry,TheAribraGroup.RE:MovingAugusta Forward(RequestedbyCommissionerMattAitken) Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 3 CommissionMeetingAgenda 6/30/20115:00PM ZA-R-203 Department:PlanningCommission Caption:ZA-R-203–ArequestforconcurrencewiththeAugusta PlanningCommissionto approveapetitiontoamendthe ComprehensiveZoningOrdinanceforAugusta,Georgia by amendingSection2(Definitions)byaddingdefiniti onsforcafes andrestaurants.(ApprovedbytheCommissionJune21,2011- secondreading) Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 4 ORDINANCE ______ An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta, Georgia Commission effective September 16, 1997 by amending Section 2 (Definitions) THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTIO I. That the Comprehensive Zoning Ordinance is amended by adding the following definitions in Section 2 “CAFÉ” shall mean a restaurant having a seating capacity of less than 40 persons and conducted consistent with Section 6-2-52 of the Augusta Georgia Code thereby regulating alcohol licenses for eating establishments. “RESTAURAT” shall mean an eating establishment having a seating capacity of at least 40 persons and conducted consistent with Section 6-2-52 of the Augusta Georgia Code thereby regulating alcohol licenses for eating establishments. “TAVER” shall mean a drinking establishment having a seating capacity of less than 40 persons conducted consistent with Section 6-2-51 of the Augusta Georgia Code thereby regulating alcohol licenses (excluding dancing and entertainment). SECTIO II . All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta, Georgia Commission this ______ day of __________________, 2011. __________________________________________ MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: ________________________________________ LENA BONNER, CLERK First Reading: ____________________________ Second Reading: __________________________ Attachment number 1 Page 1 of 2 Item # 4 Attachment number 1 Page 2 of 2 Item # 4 CommissionMeetingAgenda 6/30/20115:00PM ZA-R-204 Department:PlanningCommission Caption: ZA-R-204–ArequestforconcurrencewiththeAugustaPlanning Commissionto approveapetitiontoamendtheComprehensive ZoningOrdinanceforAugusta,Georgiabydeletingt hecurrent languageinSection21-1(NeighborhoodBusiness)pe rmitting restaurantsandcafesandaddingnewprovisionsfor theiruse. (ApprovedbytheCommissionJune21,2011-secondr eading) Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 5 ORDINANCE ______ An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta, Georgia Commission effective September 16, 1997 by amending Section 21-1 (Neighborhood Business) THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTIO I. That the Comprehensive Zoning Ordinance is amended by deleting the following in Section 21-1 (b) (Permitted Uses) (22) Restaurant, tea room, or cafe (excluding dancing or entertainment) SECTIO II. That the Comprehensive Zoning Ordinance is amended by substituting the following in Section 21-1 (b) (Permitted Uses) (22) Café having a seating capacity of less than 40 persons and conducted consistent with Section 6-2-52 of the Augusta Georgia Code thereby regulating alcohol licenses for eating establishments. Restaurant having a seating capacity of at least 40 persons and conducted consistent with Section 6-2-52 of the Augusta Georgia Code thereby regulating alcohol licenses for eating establishments. SECTIO III . All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta, Georgia Commission this ______ day of __________________, 2011. __________________________________________ MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: ________________________________________ LENA BONNER, CLERK First Reading: ____________________________ Second Reading: __________________________ Attachment number 1 Page 1 of 2 Item # 5 Attachment number 1 Page 2 of 2 Item # 5 CommissionMeetingAgenda 6/30/20115:00PM ZA-R-205 Department:PlanningCommission Caption: ZA-R-205–ArequestforconcurrencewiththeAugustaPlanning Commissionto approveapetitiontoamendtheComprehensive ZoningOrdinanceforAugusta,Georgiabyaddingan ew Special ExceptioninSection21-2(NeighborhoodBusiness)forcafesthat servealcoholicbeverages.(ApprovedbytheCommissionJune 21,2011-secondreading) Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 6 ORDINANCE ______ An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta, Georgia Commission effective September 16, 1997 by amending Section 21-2 (Neighborhood Business) THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTIO I. That the Comprehensive Zoning Ordinance is amended by adding the following in Section 21-2 (Special Exception) d) A Tavern having a seating capacity of less than 40 persons conducted consistent with Section 6-2-51 of the Augusta Georgia Code thereby regulating alcohol licenses (excluding dancing and entertainment). SECTIO II . All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta, Georgia Commission this ______ day of __________________, 2011. __________________________________________ MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: ________________________________________ LENA BONNER, CLERK First Reading: ____________________________ Second Reading: __________________________ Attachment number 1 Page 1 of 1 Item # 6 CommissionMeetingAgenda 6/30/20115:00PM AdoptionofFloodInsuranceStudyandFloodInsuran ceRateMaps Department:PlanningCommission Caption:Motionto approvetheadoptionoftheFloodInsuranceStudyand theassociatedFloodInsuranceRateMapsforAugust aRichmond County.(ApprovedbyEngineeringServicesCommittee September8,2009) Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 7 ORDINANCE NO. _____ A resolution by the Augusta-Richmond County Planning Commission recommending that the Flood Insurance Study and the Flood Insurance Rate Maps for Augusta- Richmond County, Georgia, both with an effective date of July 18, 2011, be adopted as follows: AN ORDINANCE TO ADOPT THE FLOOD INSURANCE STUDY (FIS), STUDY NUMBER 13245CV000A, WITH A DATE OF SEPTEMBER 25, 2009, AND THE FLOOD INSURANCE RATE MAPS (FIRMs), MAP NUMBERS: 13245IND0B, 13245C0015F, 13245C0020F, 13245C0040F, 13245C0070F, 13245C0085F, 13245C0090F, 13245C0095F, 13245C0105F, 13245C0110F, 13245C0115F, 13245C0120F, 13245C0130G, 13245C0135G, 13245C0140G, 13245C0145G, 13245C0175F, 13245C0185F, 13245C0200F, 13245C0205F, 13245C0210F, 13245C0225F, 13245C0230G, 13245C0235F, 13245C0240F, 13245C0245F, 13245C0255F, 13245C0265F, 13245C0300F, 13245C0325F, 13245C0330F, AND 13245C0355F, WITH A MAP DATE OF SEPTEMBER 25, 2009 FOR ALL F SERIES MAPS AND A MAP DATE OF JULY 18, 2011 FOR THE INDEX (13245IND0B) AND ALL ALL G SERIES MAPS, AS THEY PERTAIN TO AUGUSTA, GEORGIA, IN THEIR ENTIRETY. THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTION I. That the Flood Insurance Study (FIS), Study Number 13245CV000A, with a date of September 25, 2009, and the Flood Insurance Rate Maps (FIRMs), Map Numbers 13245IND0B, 13245C0015F, 13245C0020F, 13245C0040F, 13245C0070F, 13245C0085F, 13245C0090F, 13245C0095F, 13245C0105F, 13245C0110F, 13245C0115F, 13245C0120F, 13245C0130G, 13245C0135G, 13245C0140G, 13245C0145G, 13245C0175F, 13245C0185F, 13245C0200F, 13245C0205F, 13245C0210F, 13245C0225F, 13245C0230G, 13245C0235F, 13245C0240F, 13245C0245F, 13245C0255F, 13245C0265F, 13245C0300F,13245C0325F, 13245C0330F, and 13245C0355F, with a map date of September 25, 2009, for all F Series Maps and a map date of July 18, 2011, for the Index (13245IND0B) and all G Series Maps as they pertain to regulating Flood Damage Prevention in Augusta, Georgia, be adopted in their entirety. SECTION II. That any and all Flood Insurance Studies (FISs) and Flood Insurance Rate Maps (FIRMs) with effective dates prior to September 25, 2009, be rendered null and void for regulating Flood Damage Prevention in Augusta, Georgia. Attachment number 1 Page 1 of 2 Item # 7 SECTION III. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Done in Open Meeting under the Common Seal thereof this __________ day of _______________, 2011. APPROVED THIS __________ day of _______________, 2011. ___________________________________ MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: ___________________________________ CLERK OF COMMISSION Attachment number 1 Page 2 of 2 Item # 7 CommissionMeetingAgenda 6/30/20115:00PM AlcoholApplication Department:License&Inspections Caption:TransferApplication:A.T.11-26:ArequestbyRoanMirandato transfertheLiquor&Beerlicenseusedinconnecti onwithIsland Cafelocatedat982BroadSt.to830BroadSt.tob eusedin connectionwiththeIslandCafe.TherewillbeDanc e.District1. SuperDistrict9. Background:Thisisatransferoflocations. Analysis:TheapplicantmeetstherequirementsoftheAugusta Richmond CountyAlcoholOrdinance. FinancialImpact:Theapplicantwillpayafeeof$110.00. Alternatives: Recommendation:License&Inspectionsrecommendsapproval.TheRCSO recommendsapproval. FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 8 Attachment number 1 Page 1 of 2 Item # 8 Attachment number 1 Page 2 of 2 Item # 8 CommissionMeetingAgenda 6/30/20115:00PM AlcoholApplication Department:License&Inspections Caption:NewOwnershipApplication:11-27:ArequestbyPr italkumar PatelforaretailpackageBeer&Winelicensetob eusedin connectionwithMahaveer,LLCDBACentralExpressl ocatedat 2061CentralAvenue.District1.SuperDistrict9. Background:Thisisanewownershipapplication.Formerlyinth ename ofYoungChang. Analysis:TheapplicantmeetstherequirementsoftheAugusta Richmond CountyAlcoholOrdinance. FinancialImpact:Theapplicantwillpayapro-ratedfeeof$605.00 . Alternatives: Recommendation:License&Inspectionsrecommendsapproval.TheRCSO recommendsapproval. FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 9 Attachment number 1 Page 1 of 2 Item # 9 Attachment number 1 Page 2 of 2 Item # 9 CommissionMeetingAgenda 6/30/20115:00PM CarrieMaysMethaneRemediaitionandParkImproveme nts Department:TomBeck,Director,Recreation,ParksandFacilitie s Caption:MotiontoapproveChangeOrder2,re-routingofsew eraspartof theCarrieMaysParkImprovementProject,toDabbs-Williamsfor $28,619.50. Background:OnMay18,2010,theAugustaCommissionapprovedth e reallocationofSPLOSTPhaseVIfundsrequiredtoa ddresssix criticalcapitalimprovementprojectstobegininF Y2010.Carrie MaysParkwasoneoftheapprovedprojects.OnMarc h30,2011, theAugustaCommissionapprovedasupplementalagre ementto theSolidWasteLandfillGasCollectionandControl Contract withDabb-WilliamsGeneralContractorsfortheCarrieMaysPa rk MethaneRemediationProject. Analysis:Duringprojectdesign,theengineersconfirmedwith theCity UtilitiesDepartmentthattheexistingparkstructu reswere servicedwithcitysewerthatdrainednorthalong1 1thAve.The contractorhadexistingconditionsfieldsurveyeda ndidentified thatthebuildingsareactuallyservicedbytheold sewersystem thatdrainssouthintotheparkthroughthewastee xcavationarea, thustheneedtore-routetheseweraroundtheexca vationareaand intoanexistingmanholewestofthissite. FinancialImpact:Itisrecommendedthatthesewerrelocationbefund edfrom recapturedsalestaxoriginallyprogrammedforwate randsewer relocation. Alternatives:1.ToApprove2.MoveNoActionthusdelayingther elocationof sewerandoveralldelayswiththeremediaitonproje ctunderway. Recommendation:ToApproveachangeorderwithDabbs-Williamsfor$28,619.50 FundsareAvailable intheFollowing Accounts: SPLOSTPhaseIVUtilitesRecapture324063520-2106 34991 Cover Memo Item # 10 REVIEWEDANDAPPROVEDBY : Cover Memo Item # 10 Attachment number 1 Page 1 of 2 Item # 10 Attachment number 1 Page 2 of 2 Item # 10 CommissionMeetingAgenda 6/30/20115:00PM FailuretopayHotel/MotelExciseTaxesandTrans portat Department:License&InspectionDepartment Caption:Discussion:considerprobation,suspensionorrevoc ationofthe BusinessTaxCertificateforDr.Jerath/AugustaHos pitality ManagementGroup,d/b/a:Super8Motel,3026Washin gton Road,forfailuretopayHotel/MotelExciseTaxesa nd Transportation&TourismFees. Background:TheownerofSuper8Motelisdelinquentinsubmitt ingHotel/ MotelExciseTaxesandTransportation&TourismFee sanditis recommendedthattheBusinessTaxCertificatebesu spended, revokedorplacedonprobationpursuanttothefoll owing Augusta-RichmondCountyCodes:FINANCEAND TAXATION:§2-1-38.RighttoDeny,Suspend,orR evokea BusinessTaxCertificate;(a).ABusinessTaxCerti ficateunder thisChaptermaybedenied,suspended,orrevokedi foneormore ofthefollowingexists:(3).Theapplicantorhol derofthe certificateintendstoviolateorhasviolatedanyf ederalorstate law,orlocalordinanceoranyordinanceorresolu tionregulating suchbusinessorintendstoviolateanyregulation madepursuant toauthoritygrantedforthepurposeofregulating suchbusiness. EXCISETAXFORHOTELS,MOTELS,ETC:§2-2-28. REMITTANCE;WHENDUE;INTERESTANDPENALTIES ONDELINQUENTTAXES.(a)Dealersshallpaytheh oteland moteltaxwithsuchremittanceformasprescribedb yAugusta- RichmondCounty.Eachdealershallremitthetaxto theAugusta- RichmondCountyCommission,HotelandMotelTax,P.O.Box 9270,Augusta,Georgia30906,withcheckormoneyo rder payabletotheCommission.(b)Suchexcisetaxshal lbepaid monthlywithintwenty(20)daysaftertheendofea chmonth. TRANSPORTATIONANDTOURISMFEE:§2-22-33.5 TRANSPORTATIONFEERATES.EachHotelcollectingthe TransportationFeeshall,onorbeforethe20thday ofeachmonth, submittotheFinanceDirectorofAugustaareturn indicatingthe numberofoccupiedRoomnightsandtheamountof TransportationFeescollectedfortheimmediatelyp receding calendarmonth.Hotelswillusesareturnformasp rescribedby theFinanceDirectorandwillremit,alongwiththe Returnform, paymentofthefeesascalculatedontheReturn.Cover Memo Item # 11 Analysis:Dr.Jerath/AugustaHospitalityManagementGroup,d/b/a:Super 8Motel,3026WashingtonRoad,isdelinquentinpay ingHotel/ MotelExciseTaxesandTransportation&TourismFee sforthe monthsofMarchandApril. FinancialImpact:Taxes,fees,penaltyandinterestowedtotheCity ofAugusta: (estimate)$29,885.00. Alternatives:N/A Recommendation:CollectdelinquenttaxesandfeesbyJuly1,2011,orsuspendthe businesslicenseuntiltaxesandfeesarepaid. FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 11 CommissionMeetingAgenda 6/30/20115:00PM FailuretopayHotel/MotelExciseTaxesandTrans portation&TourismFees. Department:License&InspectionDepartment Caption:Discussion:considerprobation,suspensionorrevoc ationofthe BusinessTaxCertificateforDr.Jerath/AugustaHos pitality ManagementGroup,d/b/a:BaymontInn&Suites,629 Frontage Road,forfailuretopayHotel/MotelExciseTaxesa nd Transportation&TourismFees. Background:TheownerofBaymontInn&Suitesisdelinquentin submitting Hotel/MotelExciseTaxesandTransportation&Tou rismFees anditisrecommendedthattheBusinessTaxCertifi catebe suspended,revokedorplacedonprobationpursuant tothe followingAugusta-RichmondCountyCodes:FINANCEAN D TAXATION:§2-1-38.RighttoDeny,Suspend,orRevo kea BusinessTaxCertificate;(a).ABusinessTaxCerti ficateunder thisChaptermaybedenied,suspended,orrevokedi foneormore ofthefollowingexists:(3).Theapplicantorhol derofthe certificateintendstoviolateorhasviolatedanyf ederalorstate law,orlocalordinanceoranyordinanceorresolut ionregulating suchbusinessorintendstoviolateanyregulation madepursuant toauthoritygrantedforthepurposeofregulating suchbusiness. EXCISETAXFORHOTELS,MOTELS,ETC:§2-2-28. REMITTANCE;WHENDUE;INTERESTANDPENALTIES ONDELINQUENTTAXES.(a)Dealersshallpaythehot eland moteltaxwithsuchremittanceformasprescribedb yAugusta- RichmondCounty.Eachdealershallremitthetaxto theAugusta- RichmondCountyCommission,HotelandMotelTax,P.O.Box 9270,Augusta,Georgia30906,withcheckormoneyo rder payabletotheCommission.(b)Suchexcisetaxshal lbepaid monthlywithintwenty(20)daysaftertheendofea chmonth. TRANSPORTATIONANDTOURISMFEE:§2-22-33.5 TRANSPORTATIONFEERATES.EachHotelcollectingthe TransportationFeeshall,onorbeforethe20thday ofeachmonth, submittotheFinanceDirectorofAugustaareturn indicatingthe numberofoccupiedRoomnightsandtheamountof TransportationFeescollectedfortheimmediatelyp receding calendarmonth.Hotelswillusesareturnformasp rescribedby theFinanceDirectorandwillremit,alongwiththe Returnform, paymentofthefeesascalculatedontheReturn.Cover Memo Item # 12 Analysis:Dr.Jerath/AugustaHospitalityManagementGroup,d/b/a: BaymontInn&Suites,629FrontageRoad,isdelinqu entin payingHotel/MotelExciseTaxesandTransportatio n&Tourism FeesforthemonthsofMarchandApril. FinancialImpact:Taxes,fees,penaltyandinterestowedtotheCity ofAugusta: (estimate)$19,700.00. Alternatives:N/A Recommendation:CollectdelinquenttaxesandfeesbyJuly1,2011,orsuspendthe businesslicenseuntiltaxesandfeesarepaid. FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 12 CommissionMeetingAgenda 6/30/20115:00PM FailuretopayHotel/MotelExciseTaxesandTrans portation&TourismFees. Department:License&InspectionDepartment Caption:Discussion:considerprobation,suspensionorrevoc ationofthe BusinessTaxCertificateforDr.Jerath/AugustaHos pitality ManagementGroup,d/b/a:ComfortInn,2911Riverwes tDrive, forfailuretopayHotel/MotelExciseTaxesandTra nsportation& TourismFees. Background:TheownerofComfortInnisdelinquentinsubmittin gHotel/ MotelExciseTaxesandTransportation&TourismFee sanditis recommendedthattheBusinessTaxCertificatebesu spended, revokedorplacedonprobationpursuanttothefoll owing Augusta-RichmondCountyCodes:FINANCEAND TAXATION:§2-1-38.RighttoDeny,Suspend,orRevo kea BusinessTaxCertificate;(a).ABusinessTaxCerti ficateunder thisChaptermaybedenied,suspended,orrevokedi foneormore ofthefollowingexists:(3).Theapplicantorhol derofthe certificateintendstoviolateorhasviolatedany federalorstate law,orlocalordinanceoranyordinanceorresolut ionregulating suchbusinessorintendstoviolateanyregulation madepursuant toauthoritygrantedforthepurposeofregulating suchbusiness. EXCISETAXFORHOTELS,MOTELS,ETC:§2-2-28. REMITTANCE;WHENDUE;INTERESTANDPENALTIES ONDELINQUENTTAXES.(a)Dealersshallpaytheho teland moteltaxwithsuchremittanceformasprescribedb yAugusta- RichmondCounty.Eachdealershallremitthetaxto theAugusta- RichmondCountyCommission,HotelandMotelTax,P.O.Box 9270,Augusta,Georgia30906,withcheckormoneyo rder payabletotheCommission.(b)Suchexcisetaxshal lbepaid monthlywithintwenty(20)daysaftertheendofea chmonth. TRANSPORTATIONANDTOURISMFEE:§2-22-33.5 TRANSPORTATIONFEERATES.EachHotelcollectingthe TransportationFeeshall,onorbeforethe20thday ofeachmonth, submittotheFinanceDirectorofAugustaareturn indicatingthe numberofoccupiedRoomnightsandtheamountof TransportationFeescollectedfortheimmediatelyp receding calendarmonth.Hotelswillusesareturnformasp rescribedby theFinanceDirectorandwillremit,alongwiththe Returnform, paymentofthefeesascalculatedontheReturn.Cover Memo Item # 13 Analysis:Dr.Jerath/AugustaHospitalityManagementGroup,d/b/a: ComfortInn,2911RiverwestDrive,isdelinquentin paying Hotel/MotelExciseTaxesandTransportation&Tou rismFees forthemonthofApril. FinancialImpact:Taxes,fees,penaltyandinterestowedtotheCity ofAugusta: (estimate)$13,775.00. Alternatives:N/A Recommendation:CollectdelinquenttaxesandfeesbyJuly1,2011,orsuspendthe businesslicenseuntiltaxesandfeesarepaid. FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 13 CommissionMeetingAgenda 6/30/20115:00PM FailuretopayHotel/MotelExciseTaxesandTrans portation&TourismFees. Department:License&InspectionDepartment Caption:Discussion:considerprobation,suspensionorrevoc ationofthe BusinessTaxCertificateforDr.Jerath/AugustaHos pitality ManagementGroup,d/b/a:MicrotelInn,2909Riverwe stDrive, forfailuretopayHotel/MotelExciseTaxesandTra nsportation& TourismFees. Background:TheownerofMicrotelInnisdelinquentinsubmitti ngHotel/ MotelExciseTaxesandTransportation&TourismFee sanditis recommendedthattheBusinessTaxCertificatebesu spended, revokedorplacedonprobationpursuanttothefoll owing Augusta-RichmondCountyCodes:FINANCEAND TAXATION:§2-1-38.RighttoDeny,Suspend,orRevo kea BusinessTaxCertificate;(a).ABusinessTaxCert ificateunder thisChaptermaybedenied,suspended,orrevokedi foneormore ofthefollowingexists:(3).Theapplicantorhol derofthe certificateintendstoviolateorhasviolatedany federalorstate law,orlocalordinanceoranyordinanceorresolut ionregulating suchbusinessorintendstoviolateanyregulation madepursuant toauthoritygrantedforthepurposeofregulating suchbusiness. EXCISETAXFORHOTELS,MOTELS,ETC:§2-2-28. REMITTANCE;WHENDUE;INTERESTANDPENALTIES ONDELINQUENTTAXES.(a)Dealersshallpaytheho teland moteltaxwithsuchremittanceformasprescribedb yAugusta- RichmondCounty.Eachdealershallremitthetaxto theAugusta- RichmondCountyCommission,HotelandMotelTax,P.O.Box 9270,Augusta,Georgia30906,withcheckormoneyo rder payabletotheCommission.(b)Suchexcisetaxshal lbepaid monthlywithintwenty(20)daysaftertheendofea chmonth. TRANSPORTATIONANDTOURISMFEE:§2-22-33.5 TRANSPORTATIONFEERATES.EachHotelcollectingthe TransportationFeeshall,onorbeforethe20thday ofeachmonth, submittotheFinanceDirectorofAugustaareturn indicatingthe numberofoccupiedRoomnightsandtheamountof TransportationFeescollectedfortheimmediatelyp receding calendarmonth.Hotelswillusesareturnformasp rescribedby theFinanceDirectorandwillremit,alongwiththe Returnform, paymentofthefeesascalculatedontheReturn.Cover Memo Item # 14 Analysis:Dr.Jerath/AugustaHospitalityManagementGroup,d/b/a: MicrotelInn,2909RiverwestDrive,isdelinquenti npaying Hotel/MotelExciseTaxesandTransportation&Tou rismFees forthemonthofApril. FinancialImpact:Taxes,fees,penaltyandinterestowedtotheCity ofAugusta: (estimate)$6,575.00. Alternatives:N/A Recommendation:CollectdelinquenttaxesandfeesbyJuly1,2011,orsuspendthe businesslicenseuntiltaxesandfeesarepaid. FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 14 CommissionMeetingAgenda 6/30/20115:00PM FailuretopayHotel/MotelExciseTaxesandTrans portation&TourismFees. Department:License&InspectionDepartment Caption:Discussion:considerprobation,suspensionorrevoc ationofthe BusinessTaxCertificateforDr.Jerath/AugustaHos pitality ManagementGroup,d/b/a:QualityInn(Airport),292 6Peach OrchardRoad,forfailuretopayHotel/MotelExcise Taxesand Transportation&TourismFees. Background:TheownerofQualityInn(Airport)isdelinquenti nsubmitting Hotel/MotelExciseTaxesandTransportation&Tou rismFees anditisrecommendedthattheBusinessTaxCertifi catebe suspended,revokedorplacedonprobationpursuant tothe followingAugusta-RichmondCountyCodes: FINANCEANDTAXATION :§2-1-38.RighttoDeny,Suspend,or RevokeaBusinessTaxCertificate; (a).ABusinessTaxCertificateunderthisChaptermayb e denied,suspended,orrevokedifoneormoreofthe following exists: (3).Theapplicantorholderofthecertificateintends toviolate orhasviolatedanyfederalorstatelaw,orlocal ordinanceor anyordinanceorresolutionregulatingsuchbusine ssorintends toviolateanyregulationmadepursuanttoauthorit ygrantedfor thepurposeofregulatingsuchbusiness. EXCISETAXFORHOTELS,MOTELS,ETC:§2-2-28. REMITTANCE;WHENDUE;INTERESTANDPENALTIES ONDELINQUENTTAXES. (a)Dealersshallpaythehotelandmoteltaxwiths uchremittance formasprescribedbyAugusta-RichmondCounty.Each dealer shallremitthetaxtotheAugusta-RichmondCounty Commission, HotelandMotelTax,P.O.Box9270,Augusta,Georgi a30906, withcheckormoneyorderpayabletotheCommission . (b)Suchexcisetaxshallbepaidmonthlywithintw enty(20)days aftertheendofeachmonth. TRANSPORTATIONANDTOURISMFEE:§2-22-33.5 TRANSPORTATIONFEERATES. EachHotelcollectingtheTransportationFeeshall,onorbefore the20 thdayofeachmonth,submittotheFinanceDirector of Augustaareturnindicatingthenumberofoccupied Roomnights andtheamountofTransportationFeescollectedfor the Cover Memo Item # 15 immediatelyprecedingcalendarmonth.Hotelswillu sesareturn formasprescribedbytheFinanceDirectorandwill remit,along withtheReturnform,paymentofthefeesascalcul atedonthe Return. Analysis:Dr.Jerath/AugustaHospitalityManagementGroup,d/b/a: QualityInn(Airport),2926PeachOrchardRoad,is delinquentin payingHotel/MotelExciseTaxesandTransportatio n&Tourism FeesforthemonthsofMarchandApril. FinancialImpact:Taxes,fees,penaltyandinterestowedtotheCity ofAugusta: (estimate)$11,555.00. Alternatives:N/A Recommendation:CollectdelinquenttaxesandfeesbyJuly1,2011,orsuspendthe businesslicenseuntiltaxesandfeesarepaid. FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 15 CommissionMeetingAgenda 6/30/20115:00PM FailuretopayHotel/MotelExciseTaxesandTrans portation&TourismFees. Department:License&InspectionDepartment Caption:Discussion:considerprobation,suspensionorrevoc ationofthe BusinessTaxCertificateforDr.Jerath/AugustaHos pitality ManagementGroup,d/b/a:WingateInn,2123Noland Connector, forfailuretopayHotel/MotelExciseTaxesandTra nsportation& TourismFees. Background:TheownerofWingateInnisdelinquentinsubmittin gHotel/ MotelExciseTaxesandTransportation&TourismFee sanditis recommendedthattheBusinessTaxCertificatebesu spended, revokedorplacedonprobationpursuanttothefoll owing Augusta-RichmondCountyCodes:FINANCEAND TAXATION:§2-1-38.RighttoDeny,Suspend,orRevo kea BusinessTaxCertificate;(a).ABusinessTaxCerti ficateunder thisChaptermaybedenied,suspended,orrevoked ifoneormore ofthefollowingexists:(3).Theapplicantorhol derofthe certificateintendstoviolateorhasviolatedanyf ederalorstate law,orlocalordinanceoranyordinanceorresolu tionregulating suchbusinessorintendstoviolateanyregulation madepursuant toauthoritygrantedforthepurposeofregulating suchbusiness. EXCISETAXFORHOTELS,MOTELS,ETC:§2-2-28. REMITTANCE;WHENDUE;INTERESTANDPENALTIES ONDELINQUENTTAXES.(a)Dealersshallpaytheho teland moteltaxwithsuchremittanceformasprescribedb yAugusta- RichmondCounty.Eachdealershallremitthetaxto theAugusta- RichmondCountyCommission,HotelandMotelTax,P.O.Box 9270,Augusta,Georgia30906,withcheckormoneyo rder payabletotheCommission.(b)Suchexcisetaxshal lbepaid monthlywithintwenty(20)daysaftertheendofea chmonth. TRANSPORTATIONANDTOURISMFEE:§2-22-33.5 TRANSPORTATIONFEERATES.EachHotelcollectingthe TransportationFeeshall,onorbeforethe20thday ofeachmonth, submittotheFinanceDirectorofAugustaareturn indicatingthe numberofoccupiedRoomnightsandtheamountof TransportationFeescollectedfortheimmediatelyp receding calendarmonth.Hotelswillusesareturnformasp rescribedby theFinanceDirectorandwillremit,alongwiththe Returnform, paymentofthefeesascalculatedontheReturn.Cover Memo Item # 16 Analysis:Dr.Jerath/AugustaHospitalityManagementGroup,d/b/a: WingateInn,2123NolandConnector,isdelinquenti npaying Hotel/MotelExciseTaxesandTransportation&Tou rismFees forthemonthsofMarchandApril. FinancialImpact:Taxes,fees,penaltyandinterestowedtotheCity ofAugusta: (estimate)$15,789.00. Alternatives:N/A Recommendation:CollectdelinquenttaxesandfeesbyJuly1,2011,orsuspendthe businesslicenseuntiltaxesandfeesarepaid. FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 16 CommissionMeetingAgenda 6/30/20115:00PM FailuretopayHotel/MotelExciseTaxesandTrans portation&TourismFees. Department:License&InspectionDepartmetn Caption:Discussion:considerprobation,suspensionorrevoc ationofthe BusinessTaxCertificateforDr.Jerath/AugustaHos pitality ManagementGroup,d/b/a:MicrotelInn,2176Gordon Highway, forfailuretopayHotel/MotelExciseTaxesandTra nsportation& TourismFees. Background:TheownerofMicrotelInnisdelinquentinsubmitti ngHotel/ MotelExciseTaxesandTransportation&TourismFee sanditis recommendedthattheBusinessTaxCertificatebesu spended, revokedorplacedonprobationpursuanttothefoll owing Augusta-RichmondCountyCodes:FINANCEAND TAXATION:§2-1-38.RighttoDeny,Suspend,orRevo kea BusinessTaxCertificate;(a).ABusinessTaxCerti ficateunder thisChaptermaybedenied,suspended,orrevokedi foneormore ofthefollowingexists:(3).Theapplicantorhol derofthe certificateintendstoviolateorhasviolatedanyf ederalorstate law,orlocalordinanceoranyordinanceorresolut ionregulating suchbusinessorintendstoviolateanyregulation madepursuant toauthoritygrantedforthepurposeofregulatin gsuchbusiness. EXCISETAXFORHOTELS,MOTELS,ETC:§2-2-28. REMITTANCE;WHENDUE;INTERESTANDPENALTIES ONDELINQUENTTAXES.(a)Dealersshallpaythehot eland moteltaxwithsuchremittanceformasprescribedb yAugusta- RichmondCounty.Eachdealershallremitthetaxto theAugusta- RichmondCountyCommission,HotelandMotelTax,P.O.Box 9270,Augusta,Georgia30906,withcheckormoneyo rder payabletotheCommission.(b)Suchexcisetaxshal lbepaid monthlywithintwenty(20)daysaftertheendofea chmonth. TRANSPORTATIONANDTOURISMFEE:§2-22-33.5 TRANSPORTATIONFEERATES.EachHotelcollectingthe TransportationFeeshall,onorbeforethe20thday ofeachmonth, submittotheFinanceDirectorofAugustaareturn indicatingthe numberofoccupiedRoomnightsandtheamountof TransportationFeescollectedfortheimmediatelyp receding calendarmonth.Hotelswillusesareturnformasp rescribedby theFinanceDirectorandwillremit,alongwiththe Returnform, paymentofthefeesascalculatedontheReturn.Cover Memo Item # 17 Analysis:Dr.Jerath/AugustaHospitalityManagementGroup,d/b/a: MicrotelInn,2176GordonHighway,isdelinquentin paying Hotel/MotelExciseTaxesandTransportation&Tou rismFees forthemonthsofMarchandApril. FinancialImpact:Taxes,fees,penaltyandinterestowedtotheCity ofAugusta: (estimate)$7,945.00. Alternatives:N/A Recommendation:CollectdelinquenttaxesandfeesbyJuly1,2011,orsuspendthe businesslicenseuntiltaxesandfeesarepaid. FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 17 CommissionMeetingAgenda 6/30/20115:00PM FailuretopayHotel/MotelExciseTaxesandTrans portation&TourismFees. Department:License&InspectionDepartment Caption:Discussion:considerprobation,suspensionorrevoc ationofthe BusinessTaxCertificateforDr.Jerath/AugustaHos pitality ManagementGroup,d/b/a:QualityInnMedical,1455 Walton Way,forfailuretopayHotel/MotelExciseTaxesan d Transportation&TourismFees. Background:TheownerofQualityInnMedicalisdelinquentins ubmitting Hotel/MotelExciseTaxesandTransportation&Tou rismFees anditisrecommendedthattheBusinessTaxCertifi catebe suspended,revokedorplacedonprobationpursuant tothe followingAugusta-RichmondCountyCodes:FINANCEA ND TAXATION:§2-1-38.RighttoDeny,Suspend,orRevo kea BusinessTaxCertificate;(a).ABusinessTaxCerti ficateunder thisChaptermaybedenied,suspended,orrevokedi foneormore ofthefollowingexists:(3).Theapplicantorhol derofthe certificateintendstoviolateorhasviolatedanyf ederalorstate law,orlocalordinanceoranyordinanceorresolut ionregulating suchbusinessorintendstoviolateanyregulation madepursuant toauthoritygrantedforthepurposeofregulating suchbusiness. EXCISETAXFORHOTELS,MOTELS,ETC:§2-2-28. REMITTANCE;WHENDUE;INTERESTANDPENALTIES ONDELINQUENTTAXES.(a)Dealersshallpaythehot eland moteltaxwithsuchremittanceformasprescribedb yAugusta- RichmondCounty.Eachdealershallremitthetaxto theAugusta- RichmondCountyCommission,HotelandMotelTax,P.O.Box 9270,Augusta,Georgia30906,withcheckormoneyo rder payabletotheCommission.(b)Suchexcisetaxshal lbepaid monthlywithintwenty(20)daysaftertheendofea chmonth. TRANSPORTATIONANDTOURISMFEE:§2-22-33.5 TRANSPORTATIONFEERATES.EachHotelcollectingthe TransportationFeeshall,onorbeforethe20thday ofeachmonth, submittotheFinanceDirectorofAugustaareturn indicatingthe numberofoccupiedRoomnightsandtheamountof TransportationFeescollectedfortheimmediatelyp receding calendarmonth.Hotelswillusesareturnformasp rescribedby theFinanceDirectorandwillremit,alongwiththe Returnform, paymentofthefeesascalculatedontheReturn.Cover Memo Item # 18 Analysis:Dr.Jerath/AugustaHospitalityManagementGroup,d/b/a: QualityInnMedical,1455WaltonWay,isdelinquent inpaying Hotel/MotelExciseTaxesandTransportation&Tou rismFees forthemonthsofMarchandApril. FinancialImpact:Taxes,fees,penaltyandinterestowedtotheCity ofAugusta: (estimate)$12,310.00. Alternatives:N/A Recommendation:CollectdelinquenttaxesandfeesbyJuly1,2011,orsuspendthe businesslicenseuntiltaxesandfeesarepaid. FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 18 CommissionMeetingAgenda 6/30/20115:00PM FailuretopayHotel/MotelExciseTaxesandTrans portation&TourismFees. Department:License&InspectionDepartment Caption:Discussion:considerprobation,suspensionorrevoc ationofthe BusinessTaxCertificateforDr.Jerath/AugustaHos pitality ManagementGroup,d/b/a:EconoLodge,110315thStr eet,for failuretopayHotel/MotelExciseTaxesandTranspo rtation& TourismFees. Background:TheownerofEconoLodgeisdelinquentinsubmittin gHotel/ MotelExciseTaxesandTransportation&TourismFee sanditis recommendedthattheBusinessTaxCertificatebesu spended, revokedorplacedonprobationpursuanttothefoll owing Augusta-RichmondCountyCodes:FINANCEAND TAXATION:§2-1-38.RighttoDeny,Suspend,orRevo kea BusinessTaxCertificate;(a).ABusinessTaxCerti ficateunder thisChaptermaybedenied,suspended,orrevokedi foneormore ofthefollowingexists:(3).Theapplicantorhol derofthe certificateintendstoviolateorhasviolatedanyf ederalorstate law,orlocalordinanceoranyordinanceorresolut ionregulating suchbusinessorintendstoviolateanyregulation madepursuant toauthoritygrantedforthepurposeofregulating suchbusiness. EXCISETAXFORHOTELS,MOTELS,ETC:§2-2-28. REMITTANCE;WHENDUE;INTERESTANDPENALTIES ONDELINQUENTTAXES.(a)Dealersshallpaytheho teland moteltaxwithsuchremittanceformasprescribedb yAugusta- RichmondCounty.Eachdealershallremitthetaxto theAugusta- RichmondCountyCommission,HotelandMotelTax,P.O.Box 9270,Augusta,Georgia30906,withcheckormoneyo rder payabletotheCommission.(b)Suchexcisetaxshal lbepaid monthlywithintwenty(20)daysaftertheendofea chmonth. TRANSPORTATIONANDTOURISMFEE:§2-22-33.5 TRANSPORTATIONFEERATES.EachHotelcollectingthe TransportationFeeshall,onorbeforethe20thday ofeachmonth, submittotheFinanceDirectorofAugustaareturn indicatingthe numberofoccupiedRoomnightsandtheamountof TransportationFeescollectedfortheimmediatelyp receding calendarmonth.Hotelswillusesareturnformasp rescribedby theFinanceDirectorandwillremit,alongwiththe Returnform, paymentofthefeesascalculatedontheReturn.Cover Memo Item # 19 Analysis:Dr.Jerath/AugustaHospitalityManagementGroup,d/b/a:Econo Lodge,110315thStreet,isdelinquentinpayingHo tel/Motel ExciseTaxesandTransportation&TourismFeesfor themonths ofMarchandApril. FinancialImpact:Taxes,fees,penaltyandinterestowedtotheCityo fAugusta: (estimate)$9,770.00 Alternatives:N/A Recommendation:CollectdelinquenttaxesandfeesbyJuly1,2011,orsuspendthe businesslicenseuntiltaxesandfeesarepaid. FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 19 CommissionMeetingAgenda 6/30/20115:00PM TherapeuticMassageOperatorsLicense Department:License&Inspections Caption:Discussion:ArequestbyKimberlyJ.GrantforaTh erapeutic MassageOperatorslicensetobeusedinconnection withBody KemistryTherapylocatedat211PleasantHomeRd.D istrict7. SuperDistrict10. Background:Thisisanewapplication. Analysis:TheapplicantmeetstherequirementsoftheAugusta Richmond CountyOrdinanceregulatingTherapeuticMassage. FinancialImpact:Theapplicantwillpayaregulatoryfeeof$110.00. Alternatives: Recommendation:License&Inspectionsrecommendsapproval.TheRCSO recommendsapproval. FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 20 Attachment number 1 Page 1 of 2 Item # 20 Attachment number 1 Page 2 of 2 Item # 20 CommissionMeetingAgenda 6/30/20115:00PM TherapeuticMassageOperatorsLicense Department:License&Inspections Caption:Discussion:ArequestbySibeaLewisforaTherapeu ticMassage OperatorslicensetobeusedinconnectionwithSom aLibre,LLC locatedat1328thSt.District1.SuperDistrict9 . Background:Thisisanewapplication. Analysis:TheapplicantmeetstherequirementsoftheAugusta Richmond CountyOrdinancethatregulatesTherapeuticMassage . FinancialImpact:Theapplicantwillpayaregulatoryfeeof$110.00. Alternatives: Recommendation:License&Inspectionsrecommendsapproval.TheRCSO recommendsapproval. FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 21 Attachment number 1 Page 1 of 2 Item # 21 Attachment number 1 Page 2 of 2 Item # 21 CommissionMeetingAgenda 6/30/20115:00PM AnOrdinancetoAmendtheAugusta,GA.CodeSection s1-4-81through1-4-94RelatingtotheCreation andDutiesofthePlanningCommissionandZoningBo ardofAppeals. Department:Administrator Caption:Motionto approve anOrdinancetoamendtheAugusta,GA. CodeTitleOneChapterFourArticleSixSections1-4-81through 1-4-94relatingtotheCreationandDutiesoftheP lanning CommissionandZoningBoardofAppeals;torepeala llCode SectionsandOrdinancesandpartofCodeSectionsa nd Ordinancesinconflictherewith;toprovideaneffe ctivedateand forotherpurposes.(ApprovedbytheCommissionJune21, 2011-secondreading) Background:OnMarch30,2011,theAugustaGeorgiaCommissiona pproved theAdministrator’sreorganizationplanasdescribe dinthe Augusta,GeorgiaProposedGovernmentReorganization Draft ProjectPlan.ThisProjectPlanrequiresthecreat ionofan Augusta,GeorgiaPlanningandDevelopmentDepartmen twhich istoassumecertaindutiesofthePlanningCommiss ion. Analysis:ThisordianceupdatesandamendstheCodeasrelate dtothe dutiesoftheAugusta,GeorgiaPlanningCommission andthe Augusta,GeorgiaPlanningandDevelopmentDepartmen ttobe consistentwiththeProposedGovernmentReorganizat ionDraft ProjectPlan. FinancialImpact:N/A. Alternatives:Declinetoamendcodeatthistime. Recommendation:Approve. FundsareAvailable intheFollowing Accounts: N/A. Cover Memo Item # 22 REVIEWEDANDAPPROVEDBY : Cover Memo Item # 22 ORDINANCE NO. ___________ An Ordinance to Amend the Augusta, GA. Code Title One Chapter Four Article Six Sections 1-4-81 through 1-4-94 Relating to the Creation and Duties of the Planning Commission and Zoning Board of Appeals; 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 30, 2011, the Augusta Georgia Commission approved the $GPLQLVWUDWRU¶VUHRUJDQL]DWLRQSODQDVGHVFULEHGLQWKe Augusta, Georgia Proposed Government Reorganization Draft Project Plan; and WHEREAS, such Proposed Government Reorganization Draft Project Plan requires the creation of an Augusta, Georgia Planning and Development Department which is to assume certain duties of the Planning Commission; and WHEREAS, Augusta, Georgia desires to update and amend the Code as related to the duties of the Augusta, Georgia Planning Commission and the Augusta, Georgia Planning and Development Department to be consistent with the Proposed Government Reorganization Draft Project Plan; WHEREAS, 1997 Ga. Laws p. 4024 designates the name of the consolidated government as ³Augusta, Georgia´; and WHEREAS, Augusta, Georgia seeks to update the Code to reflect the name of the consolidated government. THE AUGUSTA, GEORGIA COMMISSION, ordains as follows: SECTION 1. AUGUSTA, GA. CODE Sections 1-4-81 through 1-4-94 as set forth in the Augusta, Ga. Code, re-adopted July 10, 2007, are hereby amended by striking these sections in their entirety DVVHWIRUWKLQ³([KLELW$´KHUHWRand inserting in lieu thereof new Code Sections 1-4-81 through 1-4-94, restated as set forth in ³([KLELW%´KHUHWR SECTION 2. This ordinance shall become effective the first day of November, 2011. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Attachment number 1 Page 1 of 27 Item # 22 Adopted this _____ day of , 2011. ___________________________ David S. Copenhaver As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Seal: Attachment number 1 Page 2 of 27 Item # 22 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 27 Item # 22 Exhibit A Sec. 1-4-81. Creation. There is hereby created a planning commission with the membership, powers and duties as set forth herein. The commission created herein shall be known as the Augusta-Richmond County Planning Commission. Sec. 1-4-82. Membership, terms of office and compensation. (a) The Augusta-Richmond County Planning Commission (hereinafter referred to as the Planning Commission) shall consist of ten (10) members (plus an additional two members should the Richmond County Legislative Delegation choose to appoint two members) to be appointed for the terms of four (4) years; provided, however, the initial appointments shall be made as follows: (1) There shall be one (1) member who resides in each of the ten (10) districts of Augusta-Richmond County appointed by the Augusta-Richmond County Commission. (2) Except as provided herein, members of the Planning Commission of Richmond County and the City of Augusta who were serving on said boards on January 1, 1997, having had no fixed terms, shall served until their successors are appointed and qualified. (3) Members of the Planning Commission serving as of January 1, 1997, shall continue to serve until their successors are appointment by the Commissioner representing the respective District and qualified and are to represent the districts as herein set forth, to wit: Term Expires a. Patricia Jefferson District 1 2/1/99 b. Thelma Mack District 2 3/31/2000 c. Nick Dickinson District 3 3/31/98 d. Richard Colclough District 4 4/1/99 e. Frank Knapp, III District 5 3/31/98 f. Appointment TBA District 6 3/31/2000 g. James Randall Hall District 7 3/31/98 h. Hugh Fulcher, Jr. District 8 3/31/2000 i. Margaret Armstrong District 9 3/31/98 j. Ed Dickerson District 10 2/1/98 Attachment number 1 Page 4 of 27 Item # 22 (4) The successor to the member representing District 1 shall serve until March 31, 2002, or until his successor is appointment and qualified. (5) The successors to the member representing District 4 and 10 shall serve until March 31, 2000, or until their successors are appointed and qualified. (6) Members of the board appointed by the Commissioner of the respective Districts to succeed those in subsections 3, 4 and 5 hereof shall serve for terms of office of four (4) years and until their successors are appointed and qualified. (7) Should the Richmond County Legislative Delegation choose to appoint two (2) members as provided in the Consolidation Act, such members shall serve for a term of four (4) years and until their successors are appointed and qualified. In the event the appointed authority of the Legislative Delegation is removed from the Consolidation Act, this subsection shall automatically be repealed. (8) All terms shall expire on March 31 of the applicable year, and new terms shall begin on April 1 of the applicable year. (b) In the event of a vacancy by reason of a death, disqualification, resignation or other reason, the Augusta-Richmond County Commission shall appoint a person to serve the remainder of the term of such member. (c) No vacancy on the Planning Commission shall impair the right of the quorum to exercise all of their rights and perform all of the duties of the Planning Commission. (d) The Chairman of the Planning Commission shall not be entitled to vote upon any issue, motion or resolution, except where his vote will change the result on said motion, resolution or question. (e) Members of the Planning Commission shall serve for such compensation as shall be established by the Augusta-Richmond County Commission. (f) No member of the Planning Commission may be removed from office prior to the expiration of his term except for cause after having been given notice and afforded a hearing before the Augusta-Richmond County Commission. Prior to said hearing, said member shall be served by registered or certified mail addressed to his residence as shown in the files of the Planning Commission, at least ten (10) days before the date set for said hearing with written specifications of the charges against him. Sec. 1-4-83. Organization, rules, staff, finances. Attachment number 1 Page 5 of 27 Item # 22 (a) The Planning Commission shall elect a Chairman and Vice-Chairman from its members. The terms of office of the Chairman and Vice-Chairman shall be one (1) year with eligibility for reelection to no more than two (2) consecutive terms. (b) The Planning Commission may appoint a secretary who may be an official or employee of the Planning Commission, or the Augusta-Richmond County Commission. (c) The Planning Commission shall make its own rules of procedure in accordance with the general provisions of this ordinance and determine its time and place of meeting. All meetings of the Planning Commission, at which official actions are taken, shall be a public record. (d) The Planning Commission is empowered to appoint such employees, consultants, legal counsel, and staff as it may deem necessary for its work and may contract with municipal planning and other consultants for such services as it may required for the performance of its work. (e) The Planning Commission may purchase such equipment and supplies as it may deem necessary. (f) The expenditures of the Planning Commission, exclusive of gifts and grants, shall be within the amounts approved for it by the Augusta-Richmond County Commission. Sec. 1-4-84. Principal powers and duties. It shall be the function and duty of the Planning Commission to make such careful and comprehensive surveys and studies of existing conditions and probably future developments and to prepare such plans for physical, social and economic growth as will best promote the public health, safety, morals, convenience, prosperity, or the general welfare as well as efficiency and economy in the development of Augusta-Richmond County. In particular, the Planning Commission shall have the power and duty to: (a) Prepare a master plan or parts thereof for the development of Augusta-Richmond County. (b) Prepare and recommend for adoption to the Augusta-Richmond County Commission a zoning ordinance and map or maps. (c) Prepare and recommend for adoption to the Augusta-Richmond County Commission regulations for the subdivision of land within its political jurisdiction. Sec. 1-4-85. Miscellaneous powers and duties. Attachment number 1 Page 6 of 27 Item # 22 In addition to the principal powers and duties set forth above, the Planning Commission may: (a) Cooperate with, contract with, or accept funds from Federal, State or local governments, public or semipublic agencies or private individuals or corporations; expend such funds; and carry out such cooperative undertakings and contracts may be necessary for the performance of its duties and to promote the planning of Augusta- Richmond County, including the authority to enter into agreements with jurisdictions and agencies in adjacent counties and states. (b) Prepare, publish and distribute maps, plans, reports and recommendations relating to the planning and development of Augusta-Richmond County. (c) Recommend to the Augusta-Richmond County Commission programs for public improvements and the financing thereof. (d) Secure, within a reasonable time, from all public officials such available information as it may require for its work. (e) In the performance of its functions, enter upon land, make examinations and surveys, and place and maintain necessary signs, monuments or markings thereon. (f) Any other function or duty which may from time to time be delegated to the Planning Commission by order, directive, ordinance or resolution of the Commission of Augusta-Richmond County, or officials thereof. Sec. 1-4-86. Performance of duties ± Master Plan. (a) It shall be the duty of the Planning Commission to make a master plan of Augusta- Richmond County and to perfect if from time to time. (b) Such master plan may show, among other things, the following: (1) Existing and proposed streets, highways, expressways, bridges, tunnels and viaducts and approaches thereto; routs of railroads and transit lines; terminals, ports and airports. (2) Parks, playgrounds, forests and other public open spaces. (3) Sites for public buildings, structures and facilities. (4) Land areas for residential, business, industrial, recreational, agricultural, forestry, and special purposes and uses. (5) Limited development areas for purposes of conservation, water supply, sanitation, drainage, historic preservation, protection against flooding and similar environmental considerations. Attachment number 1 Page 7 of 27 Item # 22 (6) Areas for housing development, slum clearance, and urban renewal and redevelopment. (7) Location of public utilities whether publicly or privately owned, including but not limited to sewerage and water supply systems. (8) Zoning districts and other planning features. (9) Time and priority schedules and cost estimates for the accomplishment of the proposals. (c) The master plan shall be based upon and include appropriate studies of the location and extent of present and anticipated other pertinent data. (d) Such plan may be adopted, added to and changed from time to time by the Augusta- Richmond County Commission. It shall be a public record, but its purpose and effect shall be solely to aid the Planning Commission in the performance of its duties. Sec. 1-4-87. Performance of duties ± Zoning ordinance and maps. (a) It shall be the duty of the Planning Commission to prepare and recommend for adoption to the Augusta-Richmond County Commission a zoning ordinance and map or maps. The purpose of such ordinance and map or maps shall be to regulate: (1) The location, height, bulk, number of stories, and size of buildings and other structures. (2) The percentage of lot which may be occupied, the sizes of yards, courts, and other open areas. (3) The density and distribution of population and dwelling units. (4) Land areas designated for business and industrial use, residences, recreation, agriculture, forestry, conservation, historic preservation, water supply, sanitation, protection against floods, governmental activity and other special purposes. (b) The map or maps shall divide Augusta-Richmond County into districts of such number, shape and size as the Planning Commission may determine; and within such districts it may regulate the erection, construction, reconstruction, alteration, and use of buildings and structures and uses of land. All such regulations shall be uniform for each class or kind of building throughout each district, but the regulations in one district may differ from those in other districts. (c) At such time the Commission of Augusta-Richmond County deems it necessary to enact an entirely new zoning ordinance and map or maps, the governing bodies shall hold a public hearing thereon, at least fifteen (15) days notice of the time and place of which shall be published in a newspaper of general circulation in Augusta-Richmond County. All procedural standards set forth in the Official Code of Georgia shall be complied with. Attachment number 1 Page 8 of 27 Item # 22 (1) No change or departure from the text or maps, as certified by the Planning Commission, shall be made unless such change or departure is first submitted to the Planning Commission for review and recommendation. (2) The Planning Commission shall have thirty (30) days within which to submit its report. If the Planning Commission fails to submit a report within a thirty-day period, it shall be deemed to have approved the change or departure. (d) The zoning ordinance, including the map or maps, may be amended from time to time; but no amendment shall become effective unless it shall have been proposed by or shall have first been submitted to the Planning Commission for review and recommendation. (1) The Planning Commission shall conduct, on behalf of the Augusta-Richmond County Commission, al public hearings on proposed amendments to the zoning ordinance and maps. (2) Policies and procedures as specified by the Official Code of Georgia shall be followed by the Planning Commission in considering such public hearings. Sec. 1-4-88. Zoning board of appeals. (a) The City Council of Augusta and the Board of Commissioners of Richmond County has heretofore created and appointed a Zoning Board of Appeals for Augusta- Richmond County. Said Board is hereby continued and shall be known as the Augusta-Richmond County Board of Zoning Appeals and is hereinafter referred to as the Appeals Board as is hereinafter provided. At their discretion, the Augusta- Richmond County Commission may, by ordinance, designate the Planning Commission to act as the Appeals Board of Augusta-Richmond County. (b) If the Planning Commission is designated to act as the Appeals Board of Augusta- Richmond County, then: (1) Such authority shall be in addition to the powers and duties of the Planning commission set forth herein and shall be carried out in accordance with the provisions of this Section; and (2) Section 1-4-82 of this article shall apply to the membership, terms of office and compensation and section 1-4-83 of this article shall apply to the organization, rules, staff and finances of the Appeals Board in the event that the Planning Commission is designated by ordinance to act as the Board of Zoning Appeals. (c) If said Appeals Board is separate from the Planning Commission, then said Appeals Board shall consist of ten (10) members (plus an additional two members should the Richmond County Legislative Delegation choose to appoint two (2) members) to be Attachment number 1 Page 9 of 27 Item # 22 appointed for terms of four (4) years, provided, however, the initial appointments shall be made as follows: (1) There shall be one (1) member who resides in each of the ten (10) districts of Augusta-Richmond County appointed by the Augusta-Richmond County Commission. (2) Except as provided herein, members of the Planning Commission of Richmond County and the City of Augusta who were serving on said boards on January 1, 1997, having had no fixed terms, shall served until their successors are appointed and qualified. (3) Members of the Planning Commission serving as of January 1, 1997, shall continue to serve until their successors are appointment by the Commissioner representing the respective District and qualified and are to represent the districts as herein set forth, to wit: Term Expires a. Jacqueline Fason District 1 3/31/98 b. Dr. I. E. Washington District 2 4/4/98 c. Jewell Childress District 3 3/31/98 d. Emmerstine Mackie District 4 3/31/2000 e. George Mitchell District 5 3/31/98 f. Appointment TBA District 6 3/31/2000 g. K. Glenn Watson District 7 3/31/98 h. Hardie Davis, Jr. District 8 3/31/2000 i. Thelonius Jones District 9 3/31/98 j. Don Grantham District 10 3/31/1000 (4) The successor to the member representing District 2 shall serve until March 31, 2000, or until his successor is appointment and qualified. (5) Members of the board appointed by the Commissioner of the respective Districts to succeed those appointed in subsections 3 and 4 hereof shall serve for terms of office of four (4) years and until their successors are appointed and qualified. (6) Should the Richmond County Legislative Delegation choose to appoint two (2) members as provided in the Consolidation Act, such members shall serve for a term of four (4) years and until their successors are appointed and qualified. In the event the appointed authority of the Legislative Delegation is removed from the Consolidation Act, this subsection shall automatically be repealed. Attachment number 1 Page 10 of 27 Item # 22 (7) All terms shall expire on March 31 of the applicable year, and new terms shall begin on April 1 of the applicable year. (8) Thereafter, members appointed by the Commission of Augusta-Richmond County shall serve a term of four (4) years. (9) All members shall be eligible for reappointment to said Appeals Board upon expiration of their terms. (10) Any vacancy in membership shall be filled for the unexpired term by the Augusta-Richmond County Commission. (11) Any member may be removed for cause, on written charges, after a public hearing by the Augusta-Richmond County Commission. (12) All members of the Appeals Board shall serve for such compensation as shall be established by the Commission. (13) None of the members shall hold any other public office or position with Augusta-Richmond County, except that one (1) member may also be a member of the Planning Commission. (d) The Board of Zoning Appeals shall elect one (1) of its members as chairman, who shall serve a one (1) year term or until reelected or a successor is elected. (1) The Chairman shall have the power to vote on matters before the Appeals Board only where his vote will change the result. (2) The Appeals Board shall appoint a secretary who may be an official or employee of Augusta-Richmond County of or the Planning Commission. (3) The Appeals Board shall adopt rules in accordance with the provisions of this ordinance. (4) Meetings of the Appeals Board shall be held at the call of the Chairman and at such other times as the Appeals Board may determine. (5) The Chairman, or in his absence the acting Chairman, may administer oaths and compel the attendance of witnesses by subpoena. (6) The Appeals Board shall keep minutes of its proceeding, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which Attachment number 1 Page 11 of 27 Item # 22 shall be immediately filed in the office of the secretary of the Appeals Board and shall be a public record. (e) Appeals to the Board of Zoning Appeals may be taken by any person aggrieved, or by any official, department head, board or bureau of Augusta-Richmond County affected by a decision of an administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Appeals Board, by filing with the secretary of the Appeals Board a notice of appeal specifying the grounds thereof. (1) Upon notice by the secretary of a filing of appeal, the official from whom the appeal is taken shall forthwith transmit to the Appeals Board all papers constituting a record upon which the action appealed was taken. (2) An appeal stays all legal proceedings in furtherance of action appealed from, unless the official from whom the appeal is taken certifies to the Appeals Board, after notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such a case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Appeals Board or by a court on application, on notice to the officer form whom the appeal is taken, and on due cause shown. (3) Upon receipt of notice of appeal in a form prescribed by the Appeals Board, the Board of Zoning Appeals shall: a. Fix a reasonable time for the hearing of the appeal or other matter referred to it. b. Publish once in a newspaper of general circulation in Augusta-Richmond County a notice of public hearing on the appeal. Such notice shall be published at least fifteen (15) days prior to the date of the hearing and shall indicate the time and place of the hearing and the nature of the appeals to be considered by the Appeals Board. c. Send postal cards or letters to property owners of record whose property lies within a 300-foot radius of the property subject to the appeal, giving notice of the time, place and nature of appeal. (f) The Appeals Board shall have the following powers: (1) To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the Attachment number 1 Page 12 of 27 Item # 22 enforcement of the zoning ordinance adopted by Augusta-Richmond County pursuant to this division, (2) To hear and decide special exceptions to the terms of the zoning ordinance upon which the Appeals Board as required to pass under such ordinance. (3) To authorize upon appeal in specific cases such variance from the terms of the zoning ordinance as will not be contrary to the public interest where, owing to special conditions, literal enforcement of the provisions of the zoning ordinance will, in an individual case, result in an unnecessary hardship, so that the spirit of the zoning ordinance shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon finding by the Appeals Board that: a. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography; and b. The application of the zoning ordinance to this particular piece of property would create an unnecessary hardship; and c. Such conditions are peculiar to the particular piece of property involved; and d. Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the zoning ordinance; however, no variance may be granted for the use of land or building or structure which is prohibited by the zoning ordinance. (4) In exercising the above powers, the appeals board may, in conformity with the provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination; and to that end, the board shall have all of the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. (g) Any person or persons severally or jointly aggrieved by any decision of the Appeals Board or with any official charged with the enforcement of any order, requirement or decision of said board may take an appeal to the Superior Court of Richmond County, Georgia. Said appeal shall be the same as an appeal to the superior court form any decision made by the probate court, except that said appeal shall be filed within thirty (30) days from the date of the decision of the Appeals Board or of any official charged with the enforcement of any order, requirement or decision in connection therewith; and upon failure to file said appeal within thirty (30) days, the decision of the Appeals Board shall be final. Attachment number 1 Page 13 of 27 Item # 22 Sec. 1-4-89. Performance of duties, subdivision regulations. (a) From and after the time that the Augusta-Richmond County Planning Commission established in accordance with this article shall have prepared and adopted a master plan or at least the major street portion of such master plan and shall have recommended to the governing body of Augusta-Richmond County regulations for the subdivision of land within Augusta-Richmond County, which regulations shall have been adopted by the governing bodies, then no plat of subdivision of land within Augusta-Richmond County shall be filed or recorded in the office of the Clerk of the superior court of the county until it shall have been submitted to and approved by the Planning Commission and such approval entered in writing on the plat by the secretary of the Planning Commission. The clerk of the superior court shall not file or record a plat of a subdivision which does not have the approval of the Planning Commission as required by the division. (b) The Planning Commission shall prepare and recommend to the Augusta-Richmond County Commission for adoption regulations governing the subdivision of land within Augusta-Richmond County. At their discretion, the Commission may readopt such subdivision regulations, along with any amendments, which may have been adopted prior to and were superseded by the ratification of the home rule provisions of the Constitution of the State of Georgia; however, such regulations shall generally conform to the provisions of this division. (c) Subdivision regulations prepared by the Planning Commission and recommended to the Augusta-Richmond County Commission for adoption may provide, in whole or in part, for: (1) The harmonious development of Augusta-Richmond County; (2) The coordination of streets within subdivisions with other existing or planned streets; (3) The size of blocks and lots; (4) The dedication or reservation of land for streets, school sites, and recreation areas and easements for utilities and other public services and facilities; and (5) A distribution of population, dwelling units and traffic control which will tend to create conditions favorable to health, safety, convenience, prosperity or general welfare. (d) Such regulations may include requirements as to the extent to which and the manner in which streets shall be graded, surfaced and improved; and water, sewers, septic tanks and other utility mains, piping, connections, or other facilities shall be installed as a condition precedent to the approval of a subdivision plat. Such regulations may provide that, in lieu of the completion of such work and installations previous to the final approval of a plat, the Augusta-Richmond County Commission may accept a bond, in an amount and with surety and conditions satisfactory to it or a valid contract Attachment number 1 Page 14 of 27 Item # 22 for the performance of the work and installations along with a letter of guarantee for the subdivider, providing for and securing to Augusta-Richmond County the actual construction and installation of improvements and utilities within a period specified by the Planning Commission and expressed in the bond or letter of guarantee. (e) The subdivision regulations may be amended from time to time; but no amendment shall become effective until it shall have been proposed by or shall have first been submitted to the Planning Commission for review and recommendation. (1) The Planning Commission shall conduct, on behalf of the Augusta-Richmond County Commission all public hearings on proposed amendments to the subdivision regulations. (2) The Planning Commission shall hold such hearings after giving at least fifteen  GD\V¶QRWLFHRIWKHWLPHDQGSODFHLQDQHZVSDSHURIJHQHUDOFLUFXODWLRQLQ Augusta-Richmond County. The Planning Commission shall have thirty (30), days within which to submit its report; and, if the planning commission fails to submit a report within the thirty (30) day period, it shall have deemed to approve the proposed amendment. (3) The Planning Commission is hereby given the authority to give tentative approval or disapproval to preliminary plats and to approve or disapprove final plats, but in each case their action shall be taken within thirty (30) days after such submission thereof, otherwise, such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the Planning Commission on demand; KRZHYHUWKHDSSOLFDQWIRUWKH3ODQQLQJ&RPPLVVLRQ¶VDSSURYDOPD\ZDLYHWKLV requirement and consent to the extension of such period. The ground for disapproval of any plat shall be stated upon the records of the Planning Commission. (f) The approval of a plat by the Planning Commission shall not be deemed to constitute or effect an acceptance by Commission or the public of the dedication of any street or other ground upon the plat. (g) From and after the time Augusta-Richmond County have adopted subdivision regulations in accordance with this article: (1) Unless provided for by exemption within said regulations, an owner or agent of an owner of any land to be subdivided who transfers or sells or agrees to sell or negotiate to sell such land by reference to or exhibition of or by other use of a plat of subdivision of such land before such plat has been approved by the Planning Commission and recorded in the office of the clerk of Superior Court in Richmond County shall be in violation of this division; and the Augusta-Richmond County Commission, through the Augusta-Richmond County attorney, may enjoin or set aside such transfer, sale or agreement by appropriate action. (2) The Augusta-Richmond County Commission or other public authority shall not accept, lay out, open, improve, grade, pave or light any street or lay or authorize the Attachment number 1 Page 15 of 27 Item # 22 laying of any water mains, sewers, connections, or other facilities or utilities in any street within Augusta-Richmond County unless such street shall have been accepted or opened as, or shall otherwise have received the legal status of, a public street prior to the adoption of said subdivision regulations, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by the Planning Commission or on a street plat prepared for and adopted by the Planning Commission. (3) No building permit shall be issued for and no building or other structure shall be erected on any lot within Augusta-Richmond County unless the street giving access to the lot shall be accepted or opened as, or shall otherwise have received the legal status of, a public street prior to that time, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by the Planning Commission or on a street plat prepared for and adopted by the Planning Commission or with a street located and accepted by the governing body of Augusta-Richmond County. Any building erected in violation of this division or the duly adopted subdivision regulations shall be deemed an unlawful structure; and the chief building inspection official, Augusta-Richmond County attorney, or other official designated by the governing body may bring appropriate action to enjoin such erection or cause it to be vacated or removed. Sec. 1-4-90. Cumulative powers. All powers and authority granted by this division to the Augusta-Richmond County Planning Commission shall be cumulative and in addition to all other powers and authority said Planning Commission now has or may later have under other laws. Sec. 1-4-91. Amendments to zoning ordinance, map and subdivision regulations. Any amendments to the Augusta-Richmond County Comprehensive Zoning Ordinance, the zoning maps, and any amendments to the subdivision regulations of land shall only require the approval of the Augusta-Richmond County Commission when the property is located in Augusta-Richmond County and does not lie within the incorporated area of City of Hephzibah or the Town of Blythe. The Commission of Augusta-Richmond County may make amendments to the comprehensive zoning ordinance and subdivision regulations of land when the governing body of Augusta-Richmond County determines that such a change would be in the best interest of their respective political subdivision. Secs. 1-4-92 ± 1-4-94. Reserved. Attachment number 1 Page 16 of 27 Item # 22 Exhibit B Sec. 1-4-81. Creation. There is hereby created a planning commission with the membership, powers and duties as set forth herein. The commission created herein shall be known as the Augusta, Georgia Planning Commission. Sec. 1-4-82. Membership, terms of office and compensation. (a) The Augusta, Georgia Planning Commission (hereinafter referred to as the Planning Commission) shall consist of ten (10) members (plus an additional two members should the Augusta, Georgia Legislative Delegation choose to appoint two members) to be appointed for the terms of four (4) years; provided, however, the initial appointments shall be made as follows: (1) There shall be one (1) member who resides in each of the ten (10) districts of Augusta, Georgia appointed by the Augusta, Georgia Commission. (2) Except as provided herein, members of the Planning Commission of Richmond County and the City of Augusta who were serving on said boards on January 1, 1997, having had no fixed terms, shall served until their successors are appointed and qualified. (3) Members of the Planning Commission serving as of January 1, 1997, shall continue to serve until their successors are appointment by the Commissioner representing the respective District and qualified and are to represent the districts as herein set forth, to wit: Term Expires a. Patricia Jefferson District 1 2/1/99 b. Thelma Mack District 2 3/31/2000 c. Nick Dickinson District 3 3/31/98 d. Richard Colclough District 4 4/1/99 e. Frank Knapp, III District 5 3/31/98 f. Appointment TBA District 6 3/31/2000 g. James Randall Hall District 7 3/31/98 h. Hugh Fulcher, Jr. District 8 3/31/2000 i. Margaret Armstrong District 9 3/31/98 j. Ed Dickerson District 10 2/1/98 (4) The successor to the member representing District 1 shall serve until March 31, 2002, or until his successor is appointment and qualified. Attachment number 1 Page 17 of 27 Item # 22 (5) The successors to the member representing District 4 and 10 shall serve until March 31, 2000, or until their successors are appointed and qualified. (6) Members of the board appointed by the Commissioner of the respective Districts to succeed those in subsections 3, 4 and 5 hereof shall serve for terms of office of four (4) years and until their successors are appointed and qualified. (7) Should the Augusta, Georgia Legislative Delegation choose to appoint two (2) members as provided in the Consolidation Act, such members shall serve for a term of four (4) years and until their successors are appointed and qualified. In the event the appointed authority of the Legislative Delegation is removed from the Consolidation Act, this subsection shall automatically be repealed. (8) All terms shall expire on March 31 of the applicable year, and new terms shall begin on April 1 of the applicable year. (b) In the event of a vacancy by reason of a death, disqualification, resignation or other reason, the Augusta, Georgia Commission shall appoint a person to serve the remainder of the term of such member. (c) No vacancy on the Planning Commission shall impair the right of the quorum to exercise all of their rights and perform all of the duties of the Planning Commission. (d) The Chairman of the Planning Commission shall not be entitled to vote upon any issue, motion or resolution, except where his vote will change the result on said motion, resolution or question. (e) Members of the Planning Commission shall serve for such compensation as shall be established by the Augusta, Georgia Commission. (f) No member of the Planning Commission may be removed from office prior to the expiration of his term except for cause after having been given notice and afforded a hearing before the Augusta, Georgia Commission. Prior to said hearing, said member shall be served by registered or certified mail addressed to his residence as shown in the files of the Planning Commission, at least ten (10) days before the date set for said hearing with written specifications of the charges against him or her. Attachment number 1 Page 18 of 27 Item # 22 Sec. 1-4-83. Organization, rules, finances (a) The Planning Commission shall elect a Chairman and Vice-Chairman from its members. The terms of office of the Chairman and Vice-Chairman shall be one (1) year with eligibility for reelection to no more than two (2) consecutive terms. (b) The Director of Planning and Development may appoint a secretary who may be an official or employee of Augusta, Georgia. (c) The Planning Commission shall make its own rules of procedure in accordance with the general provisions of this ordinance and shall determine the time and place of Planning Commission meetings. All meetings of the Planning Commission shall be public meetings in accordance with the Georgia Open Meetings Act. (d) The expenditures of the Planning Commission, exclusive of gifts and grants, shall be within the amounts approved for it by the Augusta, Georgia Commission. (e) Staff functions for the Planning Commission shall be performed by the Planning and Development Department. The Secretary appointed by the Planning Commission shall be the liaison to the Planning and Development Department. Sec. 1-4-84. Principal powers and duties. (a) It shall be the duty of the Planning Commission to review and formulate a recommendation on all amendments to the text of the Comprehensive Zoning Ordinance that are proposed by the Augusta, Georgia Planning and Development Department. The Planning Commission shall hold a public hearing on each proposed text amendment after proper notice per Georgia law and the Augusta, Georgia Code has been given. The recommendation of the Planning Commission shall be submitted in writing to Augusta, Georgia, along with the recommendation of the Planning and Development Department, within thirty (30) days after such hearing has been held. No changes to the text of the Comprehensive Zoning Ordinance shall be made unless such changes are first submitted to the Planning Commission for review and recommendation. (b) It shall be the duty of the Planning Commission to review and formulate a recommendation on all amendments to the zoning map and Special Exceptions. Such map amendments and/or Special Exceptions may be proposed by private property owners or the Planning and Development Department. The Planning Commission shall hold a public hearing on each proposed map amendment after proper notice per Georgia law and the Augusta, Georgia Code has been given. The recommendation of the Planning Commission, along with the recommendation of the Planning and Development Department, shall be submitted in writing to the Augusta, Georgia Commission within thirty (30) days after such hearing has been held. No change to the zoning maps shall be made unless such change is first submitted to the Planning Commission for review and recommendation. Attachment number 1 Page 19 of 27 Item # 22 (c) It shall be the duty of the Planning Commission to perform certain activities specifically assigned to it by the Augusta, Georgia Commission. Such duties shall include, but are not limited to, making decisions regarding certain types of determinations and variances. Such decisions shall be made after a public hearing has been held on each proposed issue after proper notice per Georgia law and the Augusta, Georgia Code has been given. Notice of such decisions shall be given in writing to the Planning and Development Department. (d) The Planning Commission shall conduct such public hearings as are required in the development of or revision to Master Plans, Comprehensive Plans, or similar planning processes. Input on such planning processes shall be provided by the Planning Commission in consultation with the Planning and Development Department, to the Augusta, Georgia Commission. (e) The Planning Commission may initiate such text or map amendments to the Comprehensive Zoning Ordinance as it deems necessary in consultation with the Planning and Development Department. Sec. 1-4-85 through 1-4-87. Reserved. Sec. 1-4-88. Zoning board of appeals. (a) The City Council of Augusta and the Board of Commissioners of Richmond County has heretofore created and appointed a Zoning Board of Appeals for Augusta, Georgia. Said Board is hereby continued and shall be known as the Augusta, Georgia Board of Zoning Appeals and is hereinafter referred to as the Appeals Board as is hereinafter provided. At their discretion, the Augusta, Georgia Commission may, by ordinance, designate the Planning Commission to act as the Appeals Board of Augusta, Georgia. (b) If the Planning Commission is designated to act as the Appeals Board of Augusta, Georgia, then: (1) Such authority shall be in addition to the powers and duties of the Planning commission set forth herein and shall be carried out in accordance with the provisions of this Section; and (2) Section 1-4-82 of this article shall apply to the membership, terms of office and compensation and section 1-4-83 of this article shall apply to the organization, rules, and finances of the Appeals Board in the event that the Planning Commission is designated by ordinance to act as the Board of Zoning Appeals. (c) If said Appeals Board if separate from the Planning Commission, then said Appeals Board shall consist of ten (10) members (plus an additional two members should the Augusta, Georgia Legislative Delegation choose to appoint two (2) members) to be Attachment number 1 Page 20 of 27 Item # 22 appointed for terms of four (4) years, provided, however, the initial appointments shall be made as follows: (1) There shall be one (1) member who resides in each of the ten (10) districts of Augusta, Georgia appointed by the Augusta, Georgia Commission. (2) Except as provided herein, members of the Augusta, Georgia Planning Commission who were serving on said boards on January 1, 1997, having had no fixed terms, shall served until their successors are appointed and qualified. (3) Members of the Planning Commission serving as of January 1, 1997, shall continue to serve until their successors are appointment by the Commissioner representing the respective District and qualified and are to represent the districts as herein set forth, to wit: Term Expires a. Jacqueline Fason District 1 3/31/98 b. Dr. I. E. Washington District 2 4/4/98 c. Jewell Childress District 3 3/31/98 d. Emmerstine Mackie District 4 3/31/2000 e. George Mitchell District 5 3/31/98 f. Appointment TBA District 6 3/31/2000 g. K. Glenn Watson District 7 3/31/98 h. Hardie Davis, Jr. District 8 3/31/2000 i. Thelonius Jones District 9 3/31/98 j. Don Grantham District 10 3/31/1000 (4) The successor to the member representing District 2 shall serve until March 31, 2000, or until his successor is appointment and qualified. (5) Members of the board appointed by the Commissioner of the respective Districts to succeed those appointed in subsections 3 and 4 hereof shall serve for terms of office of four (4) years and until their successors are appointed and qualified. (6) Should the Augusta, Georgia Legislative Delegation choose to appoint two (2) members as provided in the Consolidation Act, such members shall serve for a term of four (4) years and until their successors are appointed and qualified. In the event the appointed authority of the Legislative Delegation is removed from the Consolidation Act, this subsection shall automatically be repealed. (7) All terms shall expire on March 31 of the applicable year, and new terms shall begin on April 1 of the applicable year. Attachment number 1 Page 21 of 27 Item # 22 (8) Thereafter, members appointed by the Commission of Augusta, Georgia shall serve a term of four (4) years. (9) All members shall be eligible for reappointment to said Appeals Board upon expiration of their terms. (10) Any vacancy in membership shall be filled for the unexpired term by the Augusta, Georgia Commission. (11) Any member may be removed for cause, on written charges, after a public hearing by the Augusta, Georgia Commission. (12) All members of the Appeals Board shall serve for such compensation as shall be established by the Commission. (13) None of the members shall hold any other public office or position with Augusta, Georgia, except that one (1) member may also be a member of the Planning Commission. (d) The Board of Zoning Appeals shall elect one (1) of its members as chairman, who shall serve a one (1) year term or until reelected or a successor is elected. (1) The Chairman shall have the power to vote on matters before the Appeals Board only where his vote will change the result. (2) The Appeals Board shall appoint a secretary who may be an official or employee of Augusta, Georgia. (3) The Appeals Board shall adopt rules in accordance with the provisions of this ordinance. (4) Meetings of the Appeals Board shall be held at the call of the Chairman and at such other times as the Appeals Board may determine. (5) The Chairman, or in his absence the acting Chairman, may administer oaths and compel the attendance of witnesses by subpoena. (6) The Appeals Board shall keep minutes of its proceeding, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the secretary of the Appeals Board and shall be a public record. Attachment number 1 Page 22 of 27 Item # 22 (e) Appeals to the Board of Zoning Appeals may be taken by any person aggrieved, or by any official, department head, board or bureau of Augusta, Georgia affected by a decision of an administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Appeals Board, by filing with the secretary of the Appeals Board a notice of appeal specifying the grounds thereof. (1) Upon notice by the secretary of a filing of appeal, the official from whom the appeal is taken shall forthwith transmit to the Appeals Board all papers constituting a record upon which the action appealed was taken. (2) An appeal stays all legal proceedings in furtherance of action appealed from, unless the official from whom the appeal is taken certifies to the Appeals Board, after notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such a case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Appeals Board or by a court on application, on notice to the officer form whom the appeal is taken, and on due cause shown. (3) Upon receipt of notice of appeal in a form prescribed by the Appeals Board, the Board of Zoning Appeals shall: a. Fix a reasonable time for the hearing of the appeal or other matter referred to it. b. Publish once in a newspaper of general circulation in Augusta, Georgia a notice of public hearing on the appeal. Such notice shall be published at least fifteen (15) days prior to the date of the hearing and shall indicate the time and place of the hearing and the nature of the appeals to be considered by the Appeals Board. c. Send postal cards or letters to property owners of record whose property lies within a 300-foot radius of the property subject to the appeal, giving notice of the time, place and nature of appeal. (f) The Appeals Board shall have the following powers: (1) To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of the zoning ordinance adopted by Augusta, Georgia pursuant to this division. Attachment number 1 Page 23 of 27 Item # 22 (2) To hear and decide special exceptions to the terms of the zoning ordinance upon which the Appeals Board as required to pass under such ordinance. (3) To authorize upon appeal in specific cases such variance from the terms of the zoning ordinance as will not be contrary to the public interest where, owing to special conditions, literal enforcement of the provisions of the zoning ordinance will, in an individual case, result in an unnecessary hardship, so that the spirit of the zoning ordinance shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon finding by the Appeals Board that: a. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography; and b. The application of the zoning ordinance to this particular piece of property would create an unnecessary hardship; and c. Such conditions are peculiar to the particular piece of property involved; and d. Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the zoning ordinance; however, no variance may be granted for the use of land or building or structure which is prohibited by the zoning ordinance. (4) In exercising the above powers, the appeals board may, in conformity with the provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination; and to that end, the board shall have all of the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. (g) Any person or persons severally or jointly aggrieved by any decision of the Appeals Board or with any official charged with the enforcement of any order, requirement or decision of said board may take an appeal to the Superior Court of Richmond County, Georgia. Said appeal shall be the same as an appeal to the superior court form any decision made by the probate court, except that said appeal shall be filed within thirty (30) days from the date of the decision of the Appeals Board or of any official charged with the enforcement of any order, requirement or decision in connection therewith; and upon failure to file said appeal within thirty (30) days, the decision of the Appeals Board shall be final. Attachment number 1 Page 24 of 27 Item # 22 Sec. 1-4-89. Performance of duties, subdivision regulations. (a) From and after the time that the Augusta, Georgia Planning Commission established in accordance with this article shall have prepared and adopted a master plan or at least the major street portion of such master plan and shall have recommended to the governing body of Augusta, Georgia regulations for the subdivision of land within Augusta, Georgia, which regulations shall have been adopted by the governing bodies, then no plat of subdivision of land within Augusta, Georgia shall be filed or recorded in the office of the Clerk of the Superior Court of the county until it shall have been submitted to and approved by the Augusta, Georgia Commission and such approval entered in writing on the plat by the Director of the Planning and Development Department. The Clerk of the Superior Court shall not file or record a plat of a subdivision which does not have the approval of the Augusta, Georgia Commission as required by the division. (b) The Planning Commission shall prepare and recommend to the Augusta, Georgia Commission for adoption regulations governing the subdivision of land within Augusta, Georgia. At their discretion, the Commission may readopt such subdivision regulations, along with any amendments, which may have been adopted prior to and were superseded by the ratification of the home rule provisions of the Constitution of the State of Georgia; however, such regulations shall generally conform to the provisions of this division. (c) Subdivision regulations prepared by the Planning Commission and recommended to the Augusta, Georgia Commission for adoption may provide, in whole or in part, for: (1) The harmonious development of Augusta, Georgia; (2) The coordination of streets within subdivisions with other existing or planned streets; (3) The size of blocks and lots; (4) The dedication or reservation of land for streets, school sites, and recreation areas and easements for utilities and other public services and facilities; and (5) A distribution of population, dwelling units and traffic control which will tend to create conditions favorable to health, safety, convenience, prosperity or general welfare. (d) Such regulations may include requirements as to the extent to which and the manner in which streets shall be graded, surfaced and improved; and water, sewers, septic tanks and other utility mains, piping, connections, or other facilities shall be installed as a condition precedent to the approval of a subdivision plat. Such regulations may provide that, in lieu of the completion of such work and installations previous to the final approval of a plat, the Augusta, Georgia Commission may accept a bond, in an amount and with surety and conditions satisfactory to it or a valid contract for the performance of the work and installations along with a letter of guarantee for the subdivider, providing for and securing to Augusta, Georgia the actual construction and installation of improvements Attachment number 1 Page 25 of 27 Item # 22 and utilities within a period specified by the Planning Commission and expressed in the bond or letter of guarantee. (e) The subdivision regulations may be amended from time to time; but no amendment shall become effective until it shall have been proposed by or shall have first been submitted to the Planning Commission for review and recommendation. (1) The Planning Commission shall conduct, on behalf of the Augusta, Georgia Commission all public hearings on proposed amendments to the subdivision regulations. (2) The Planning Commission shall hold such hearings after giving at least fifteen  GD\V¶QRWLFHof the time and place in a newspaper of general circulation in Augusta, Georgia. The Planning Commission shall have thirty (30), days within which to submit its report; and, if the planning commission fails to submit a report within the thirty (30) day period, it shall have deemed to approve the proposed amendment. (3) The Planning and Development Department is hereby given the authority to give tentative approval or disapproval to preliminary plats and the Augusta, Georgia Commission is hereby given the authority to approve or disapprove final plats, but in each case their action shall be taken within thirty (30) days after such submission thereof, otherwise, such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the Director of the Planning and Development Department on demand; however, the applicant for the Director of Planning and Development Department or the Augusta, Georgia &RPPLVVLRQ¶V approval may waive this requirement and consent to the extension of such period. The ground for disapproval of any plat shall be stated upon the records of the Augusta, Georgia Commission. (f) The approval of a plat by the Augusta, Georgia Commission shall not be deemed to constitute or effect an acceptance by Commission or the public of the dedication of any street or other ground upon the plat. (g) From and after the time Augusta, Georgia have adopted subdivision regulations in accordance with this article: (1) Unless provided for by exemption within said regulations, an owner or agent of an owner of any land to be subdivided who transfers or sells or agrees to sell or negotiate to sell such land by reference to or exhibition of or by other use of a plat of subdivision of such land before such plat has been approved by the Augusta, Georgia Commission and recorded in the office of the Clerk of Superior Court in Richmond County shall be in violation of this division; and the Augusta, Georgia Commission, through the Augusta, Georgia attorney, may enjoin or set aside such transfer, sale or agreement by appropriate action. (2) The Augusta, Georgia Commission or other public authority shall not accept, lay out, open, improve, grade, pave or light any street or lay or authorize the laying of Attachment number 1 Page 26 of 27 Item # 22 any water mains, sewers, connections, or other facilities or utilities in any street within Augusta, Georgia unless such street shall have been accepted or opened as, or shall otherwise have received the legal status of, a public street prior to the adoption of said subdivision regulations, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by the Augusta, Georgia Commission or on a street plat prepared for and adopted by the Augusta, Georgia Commission. (3) No building permit shall be issued for and no building or other structure shall be erected on any lot within Augusta, Georgia unless the street giving access to the lot shall be accepted or opened as, or shall otherwise have received the legal status of, a public street prior to that time, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by the Augusta, Georgia Commission or on a street plat prepared for and adopted by the Augusta, Georgia Commission or with a street located and accepted by the governing body of Augusta, Georgia. Any building erected in violation of this division or the duly adopted subdivision regulations shall be deemed an unlawful structure; and the chief building inspection official, Augusta, Georgia attorney, or other official designated by the governing body may bring appropriate action to enjoin such erection or cause it to be vacated or removed. Sec. 1-4-90. Cumulative powers. All powers and authority granted by this division to the Augusta, Georgia Planning Commission shall be cumulative and in addition to all other powers and authority said Planning Commission now has or may later have under other laws. Sec. 1-4-91. Amendments to zoning ordinance, map and subdivision regulations. Any amendments to the Augusta, Georgia Comprehensive Zoning Ordinance, the zoning maps, and any amendments to the subdivision regulations of land shall only require the approval of the Augusta, Georgia Commission when the property is located in Augusta, Georgia and does not lie within the incorporated area of City of Hephzibah or the Town of Blythe. The Commission of Augusta, Georgia may make amendments to the comprehensive zoning ordinance and subdivision regulations of land when the governing body of Augusta, Georgia determines that such a change would be in the best interest of their respective political subdivision. Secs. 1-4-92 ± 1-4-94. Reserved. Attachment number 1 Page 27 of 27 Item # 22 CommissionMeetingAgenda 6/30/20115:00PM AnOrdinancetoamendtheAugusta,GeorgiaCode,Ar ticle1,Chapter10,relatingtotheprocurementof goods andservices,theLocalSmallBusinessOpportunitie sProgramandtheDBEProgramforfederallyassiste dprojects Department:Administrator Caption:Motionto approveanOrdinancetoamendtheAugusta,GeorgiaCode, ArticleOne,ChapterTen,relatingtotheprocureme ntofgoodsand services,theLocalSmallBusinessOpportunitiesPr ogramandtheDBE Programforfederallyassistedprojectssoastopr ovideupdatesandto establishpolicies,proceduresandguidelinesregar dingtheprocurement processandtheLocalSmallBusinessOpportunities Program;torepeal allOrdinancesandpartsofOrdinancesinconflict herewith;toprovidean effectivedateandforotherpurposes.(ApprovedbytheCommission June21,2011-secondreading2011) Background:Seeattached. Analysis:Seeattached. FinancialImpact:N/A. Alternatives:AmendtheConsolidationActtoseperatetheEqualE mployment FunctionfromthelocalsmallbusinessandDBEfunc tionsandupdatethe ProcurmentCodetoreflectsuchchanges. Recommendation:Adopttheproposedamendmentsandbegintheprocess ofAmendingthe ConsolidationActasshowninthealternativeabove . FundsareAvailablein theFollowing Accounts: N/A. 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23 Attachment number 2 Page 112 of 112 Item # 23 CommissionMeetingAgenda 6/30/20115:00PM HearingOfficer Department: Caption:Motionto approve2011HearingOfficer-PaySet.(Requested bytheBoardofTaxAssessors) Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 24 Attachment number 1 Page 1 of 3 Item # 24 Attachment number 1 Page 2 of 3 Item # 24 Attachment number 1 Page 3 of 3 Item # 24 Attachment number 2 Page 1 of 2 Item # 24 Attachment number 2 Page 2 of 2 Item # 24 CommissionMeetingAgenda 6/30/20115:00PM TopNotchCarWashes Department:ClerkofCommission Caption:ConsiderarequestfromTopNotchCarWashes,Inc.regardinga waiverofinterest,penaltiesandfeesconcerningt heir2008to 2010propertytaxes. Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 25 Attachment number 1 Page 1 of 4 Item # 25 Attachment number 1 Page 2 of 4 Item # 25 Attachment number 1 Page 3 of 4 Item # 25 Attachment number 1 Page 4 of 4 Item # 25 CommissionMeetingAgenda 6/30/20115:00PM AwardContractforBrokerageServices Department:Recreation,ParksandFacilities-FacilitiesManag ement Caption:AwardthecontractfortheBidItem11-111,RealEs tate BrokerageServicesfortheCityofAugustatotheS hermanand Hemstreet. Background:TheCommissionhasexpressedadesiretoengageaR ealEstate Brokeragefirmtoassistinthemarketingandsaleo fsurplusreal propertyfortheCityofAugusta.RFP11-111wasis suedtosolicit StatementsofProposalstoprovidetheseservices. Analysis:ThreefirmssubmittedStatementsofProposal.TheS election Committeeevaluatedallthreepackagesandelectedt ohaveall threefirmsmakeapresentationelaboratingonthei rcapabilities, qualifications,approachandfeestructure.TheCom mittee determinedthatthebestvalueconsideringthecomb inationof skills,qualification,marketingapproachandfees chedulewas submittedbyShermanandHemstreet.Thisisacommi ssionbased agreementsothereisnocosttoAugustauntilthe propertyissold. Thefirmistoprovideregularreportsonprogress towardsaleof theproperties. FinancialImpact:Thisisacommissionbasedagreementsothereisno costto Augustauntilthepropertyissold. Alternatives:AwardthecontractfortheBidItem11-111,RealEs tate BrokerageServicesfortheCityofAugustatotheS hermanand Hemstreet.2.Donotapprovetheaward. Recommendation:AwardthecontractfortheBidItem11-111,RealEs tate BrokerageServicesfortheCityofAugustatotheS hermanand Hemstreet. FundsareAvailable intheFollowing Accounts: Thisisacommissionbasedagreementsothereisno costto Augustauntilthepropertyissold. Cover Memo Item # 26 REVIEWEDANDAPPROVEDBY : Cover Memo Item # 26 Attachment number 1 Page 1 of 4 Item # 26 Attachment number 1 Page 2 of 4 Item # 26 Attachment number 1 Page 3 of 4 Item # 26 Attachment number 1 Page 4 of 4 Item # 26 REQUEST FOR PROPOSALS Request for Proposals will be received at this office until Tuesday, April 26, 2011 @ 3:00 p.m. for furnishing: RFP Item #11-111 Real Estate Brokerage Services for Public Services Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta Richmond County web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. A Mandatory Pre-Proposal Meeting will be held on Friday, April 1, 2011 @ 10:00 a.m. in the Procurement Department 530 Greene Street, Room 605. All questions must be submitted by fax at 706 821-2811 or by email to procbidandcontract@augustaga.gov by Monday, April 11, 2011 @ 5:00 p.m. No RFP will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the Procurement Department with your bonafide bid package. No RFP may be withdrawn for a period of 90 days after time has been called on the date of opening. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. Please mark RFP number on the outside of the envelope. Bidders are cautioned that sequestration of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Funding for this project may include federal funds provided by the U. S. Department of Transportation (DOT) and/or other federal agencies. All DOT funded projects are subject to the requirements of 49 CFR Part 26. These requirements are mandatory and non-negotiable. Augusta enforces Disadvantage Business Enterprise (DBE) requirements and/or DBE goals set by Federal and/or State Agencies in accordance with State and Federal laws. Please be advised that the U. S. District Court for the Southern District of Georgia has entered on Order enjoining the Race-Based portion of Augusta, Georgia’s DBE Program. Thus, Augusta, Georgia does not have or operate a DBE, MBE or WBE Program for projects (or portions of projects) having Augusta, Georgia s the source of funding. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle March 10, 17, 24, 31, 2011 Metro Courier March 16, 2011 cc: Tameka Allen Interim Deputy Administrator Mike Greene Public Services Rick Acree Public Services Attachment number 2 Page 1 of 1 Item # 26 VENDORS Attachment B Bidders Form Addendum Original 6 Copies Fee Proposal Blanchard & Calhoun Commercial 2743 Perimeter Parkway Building 100, Suite 370 Augusta, GA 30909 YES YES YES YES YES YES Prime Commercial Properties 753 Broad Street, Ste 504 Augusta, GA 30901 YES YES YES YES YES YES Sherman & Hemstreet 3523 Walton Way Ext. Augusta, GA 30909 YES YES YES YES YES YES James E Harrison & Co 200 Pleasant Home Road Augusta GA 30909 RFP Item #11-111 Real Estate Brokerage Services for the City of Augusta - Public Services Department RFP Due: Tuesday, April 26, 2011 @ 3:00 p.m. Page 1 of 1 Attachment number 3 Page 1 of 1 Item # 26 Evaluation Criteria PTS Blanchard & Calhoun Commercial 2743 Perimeter Parkway Building 100, Suite 370 Augusta, GA 30909 Prime Commercial Properties 753 Broad Street, Ste 504 Augusta, GA 30901 Sherman & Hemstreet 3523 Walton Way Ext. Augusta, GA 30909 6XLWDELOLW\RIWKHSURSRVHU¶VSODQ 25 24.3 20.5 21.5 2. Demonstrated ability to satisfy SCOPE of SERVICES 15 15.0 13.8 14.0 3. Demonstrated ability to sell Real Property 10 10.0 10.0 10.0 4. Commission fee requested as listing Broker for each sale based on a percentage of the sale price and a flat rate fee of for sales less than $17,500 10 5.5 8.0 9.8 5. Professional qualifications of individuals to be assigned to the project.15 15.0 13.0 13.0 6. Financial Stability of Company 10 10.0 9.5 9.5 7. References 10 10.0 9.7 10.0 6. Proximity to Augusta Within Augusta Richmond County - 5 pts Within the CSRA - 4 pts Within Georgia - 3 pts Within SE United States - 2 pt All Others - 1pt 5 5.0 5.0 5.0 TOTAL 100 94.8 89.4 92.8 2 3 1 Cumulative RFP Item #11-111 Real Estate Brokerage Services for the City of Augusta - Recreation, Parks, Facilities Department Comments: Presentation Attachment number 4 Page 1 of 1 Item # 26 Attachment number 5 Page 1 of 1 Item # 26 Attachment number 6 Page 1 of 3 Item # 26 Attachment number 6 Page 2 of 3 Item # 26 Attachment number 6 Page 3 of 3 Item # 26 Attachment number 7 Page 1 of 2 Item # 26 Attachment number 7 Page 2 of 2 Item # 26 Attachment number 8 Page 1 of 2 Item # 26 Attachment number 8 Page 2 of 2 Item # 26 CommissionMeetingAgenda 6/30/20115:00PM AwardContractforMuseumRoof Department:Recreation,ParksandFacilitiesDepartment-Facil ities Management Caption:AwardthecontractfortheBidItem11-125,Replace mentofthe AugustaMuseumofHistoryRoof,tothelowbidder,BoneDry RoofingofAthens,GA.Theirlumpsumbidwas$214,675and theirpriceforAlternate1was$53,650foratotal contractpriceof $268,325.00. Background:TheoriginalroofontheAugustaMuseumofHistory wasnot installedinaccordancewithspecificationsandman ufacturer’s recommendations.Asaresult,wehavehadaproblem withleaks. Themostcosteffectivelongtermsolutionistore placetheroof. Analysis:BidItem11-124wasissuedtosolicitpricingtore roofthe Museum.Proposalswerereceivedwiththelowbidsu bmittedby BoneDryRoofingofAthens,GA.Staffhascheckedt heir referencesandverifiedtheyhavetheentirescopeo fwork covered.Thebasebidwas$214,675.00andapricef orAlternate 1,toaddadditionalinsulation,intheamountof$53,650.00.Staff recommendsawardofthebasebidandAlternate1fo racontract amountof$268,325.00.Thisiswithintheestimated project budget. FinancialImpact:Thecostofthecontract$268,325.00istobefunde dfrom SPLOST. Alternatives:AwardthecontractfortheBidItem11-125,Replace mentofthe AugustaMuseumofHistoryRoof,tothelowbidder,BoneDry RoofingofAthens,GA.Theirlumpsumbidwas$214,675and theirpriceforAlternate1was$53,650foratotal contractpriceof $268,325.00.2.Donotapprovetheaward. Recommendation:Approveawardofacontractforreplacementofthe existingroof ontheReynoldsStreetAwardthecontractfortheB idItem11- 125,ReplacementoftheAugustaMuseumofHistoryR oof,tothe lowbidder,BoneDryRoofingofAthens,GA.Theirl umpsumCover Memo Item # 27 bidwas$214,675andtheirpriceforAlternate1was $53,650fora totalcontractpriceof$268,325.00. FundsareAvailable intheFollowing Accounts: FUNDSAREAVAILABLEINACCOUNT:SPLOSTPhaseVI REVIEWEDANDAPPROVEDBY : Cover Memo Item # 27 Attachment number 1 Page 1 of 5 Item # 27 Attachment number 1 Page 2 of 5 Item # 27 Attachment number 1 Page 3 of 5 Item # 27 Attachment number 1 Page 4 of 5 Item # 27 Attachment number 1 Page 5 of 5 Item # 27 CommissionMeetingAgenda 6/30/20115:00PM Minutes Department:ClerkofCommission Caption:Motionto approvetheminutesoftheregularmeetingofthe CommissionheldJune21 ,2011. Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 28 CommissionMeetingAgenda 6/30/20115:00PM BoardofZoningAppeals Department: Caption:Motionto approvetheappointmentofTheloniousJonestothe BoardofZoningAppealsrepresentingDistrict9. Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 29 CommissionMeetingAgenda 6/30/20115:00PM Affidavit Department:ClerkofCommission Caption:Motionto authorizeexecutionbytheMayoroftheaffidavitof compliancewithGeorgia'sOpenMeetingAct. Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 30