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HomeMy WebLinkAbout2011-11-01-Meeting Agenda Commission Meeting Agenda Commission Chamber 11/1/2011 5:00 PM INVOCATION: Rev. Angel Maestre, Pastor, Centro Cristiano Oasis de Bendicion PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. Five (5) minute time limit per delegation DELEGATIONS A. T.W. Josey High School French Club. RE: Seeking Commission support for planned trip to France. Attachments CONSENT AGENDA (Items 1-28) PUBLIC SERVICES 1. Motion to approve Augusta, Georgia's desires to update and amend the Code as related to the abolishment of the License and Inspection Department and the transfer of those powers and duties to the Planning and Development Department to be consistent with the Proposed Government Reorganization Draft Project Plan and to designate the name of the consolidated government as “Augusta, Georgia”. Augusta, Georgia seeks to update the local laws to reflect the name of the consolidated government. (Approved by Augusta Commission October 18, 2011- second reading) Attachments 2. Motion to approve the authorization of 2012 Augusta CVB tourism grant application from Recreation, Parks and Facilities. (Approved by Public Services Committee October 24, 2011) Attachments 3. Motion to approve the AirMed, Inc. Storage and Office Lease as approved by the Augusta Aviation Commission at their September 29, 2011 Meeting. (Approved by Public Services Committee October 24, 2011) Attachments 4. Motion to approve amendments to Augusta-Richmond County Code, Section 7-1-90 PERMIT FEES, so as to increase certain fees required in connection with the issuance of permits. (Approved by the Augusta Commission October 18, 2011 - second reading) Attachments 5. Motion to approve Professional Services Agreement for Phase II design and engineering of the New Butler Creek Trailhead Park to W. K. Dickson & Co., Inc. for $33,700.00. (Approved by Public Services Committee October 24, 2011) Attachments 6. Motion to approve a Resolution authorizing the filing of applications for Augusta Public Transit between the Federal Transit Administration (FTA) and Augusta, Georgia.(Approved by Public Services Committee October 24, 2011) Attachments 7. Motion to approve the sublease between Morris Communications, LLC and Blanchard & Calhoun Blue Sky II, LLC as approved by the Augusta Aviation Commission at their July 28, 2011 Meeting. (Approved by Public Services Committee October 24, 2011) Attachments 8. Motion to approve naming the recreation building at Hickman Park to the Patricia Rigsby Daniel Recreation Center at Hickman Park. (Approved by Public Services Committee October 24, 2011) Attachments 9. Motion to approve the proposal with Weinberger's in the amount of $52,727.04 for the New Terminal Project Furniture at Daniel Field Airport. (Approved by Public Services Committee October 24, 2011) Attachments 10. Motion to approve the sublease between Morris Communications, LLC and Austin Aviation, LLC as approved by the Aviation Commission at their September 29, 2011 meeting.(Approved by Public Attachments Services Committee October 24, 2011) 11. Motion to approve tasking the Public Services Committee Chairman and the General Counsel to schedule work sessions to incorporate the input from the public hearings into the development of an Ordinance that can be adopted by the Commission to amend the Augusta, GA Code relating to restricting smoking in public places and in places of public accommodation. (Approved by Finance Committee October 24, 2011) Attachments ADMINISTRATIVE SERVICES 12. Motion to approve an Ordinance to amend the Augusta, GA Code Title Seven Chapters One through Three Sections 7-1-19, 7-1-19.2, 7-1-19.6 through 7-1-19.9, 7-1-26 through 7-1-33, 7-1-47 through 7-1-48, 7-1-86, 7-1-116-2, 7-1-116-4 through 7-1-116-5, 7-1-136, 7-2-3, 7-2-63, 7-2-76, and 7-3-73 relating to the powers and duties of the License and Inspection Department; to repeal all Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by the Augusta Commission October 18, 2011 - second reading) Attachments 13. Motion to approve an Ordinance to amend the Augusta, GA Code Title Six Chapter Seven Sections 6-7-5, 6-7-42 through 6-7-43, 6-7-60, 6-7- 69, 6-7-90 through 6-7-91, 6-7-96 through 6-7-97, and 6-7-110 relating to the powers and duties of the License and Inspection Department; to repeal all Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by the Augusta Commission October 18, 2011 - second reading) Attachments 14. Motion to approve an Ordinance to amend the Augusta, GA Code Title Six Chapter Six Sections 6-6-5 and 6-6-37 through 6-6-47 relating to the powers and duties of the License and Inspection Department; to repeal all Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by the Augusta Commission October 18, 2011 - second reading) Attachments 15. Motion to approve an Ordinance to amend the Augusta, GA Code Title Six Chapter Two Sections 6-2-2, 6-2-5, 6-2-59 through 6-2-60, 6-2-70 Attachments through 6-2-72, 6-2-75 through 6-2-77, 6-2-103, 6-2-116, 6-2-119 through 6-2-125, and 6-2-142 through 6-2-143 relating to the powers and duties of the License and Inspection Department; to repeal all Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by the Augusta Commission October 18, 2011 - second reading) 16. Motion to approve an Ordinance to amend the Augusta, GA Code Title Six Chapters Four and Five Sections 6-4-1, 6-4-7, and 6-5-7 relating to the powers and duties of the License and Inspection Department; to repeal all Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by the Augusta Commission October 18, 2011 - second reading) Attachments 17. Motion to approve Aetna as Augusta, Georgia’s Ancillary Insurance Provider (Life/Long Term Disability/Accidental Death and Dismemberment) for 2012. (Approved by Administrative Services Committee October 24, 2011) Attachments 18. Motion to approve BlueCross BlueShield of Georgia as the Augusta, Georgia Medical Insurance Provider for 2012. (Approved by Administrative Services Committee October 24, 2011) Attachments 19. Motion to approve the Rental Agreement between Augusta, Georgia (Landlord) and the Department of Human Resources - Family and Children Services (Tenant) for property located at 520 Fenwick Street in Augusta, Georgia.(Approved by Administrative Services Committee October 24, 2011) Attachments FINANCE 20. Motion to approve the replacement of one animal containment truck and one general usSUV (Explorer) for the Animal Services Department. (Approved by Finance Committee October 24, 2011) Attachments 21. Motion to approve a request from House of Prayer Christian Church regarding a refund of pro-rated taxes paid in accordance with the Commission action on October 4, 2011 in the amount of $4,261.42 . Attachments (Approved by Finance Committee October 24, 2011) 22. Motion to approve an increase in the electricity budget for the Drivers License Bureau. (Approved by Finance Committee October 24, 2011) Attachments 23. Motion to approve an additional 60-day extension of the Reynolds Street Parking Deck Management Agreement and the Conference Center Parking Lease. (Approved by Finance Committee October 24, 2011) Attachments 24. Motion to approve refund for property located at 363 Heath Drive for tax years 2010 and 2009 in the amounts of $3,109.03 and $3,145.75, respectively. Property owner, Fred Pramenko. Refund due to change in property value.(Approved by Finance Committee October 24, 2011) Attachments 25. Motion to approve refund for tax years 2008, 2009 and 2010 on property located at 2440 Patiller Rd. Property Owner Cedrine Nicole Evans. 2010 refund=$602.84 paid by C. Evans, 2009 refund =$691.68 paid by Shontae Bethel, 2008 refund =$463.43 paid by Virginia Bethel. (Approved by Finance Committee October 24, 2011) Attachments ENGINEERING SERVICES 26. Motion to approve Change Orders #1 and #2 on PO 190658 to Acme Moving and Storage for moving of court related offices to the new Augusta Judicial Center and John H. Ruffin Courthouse in the amount of $24,057.60 for additional services requested by court officials. The revised PO amount will be $292,432.60.(Approved by Engineering Services Committee October 24, 2011) Attachments 27. Motion to approve and accept the Resolution and Agreement (Contract) from the Georgia Department of Transportation (GDOT) for the Acquisition of Right of Way to improve the Windsor Spring Road Section V Project, CPB Change Number Ten (323-041110-299823786). Also, approve to adopt the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and GDOT guidelines for this Project and authorize Augusta, Georgia Mayor to execute this Resolution and Agreement for the Engineering Department. (Approved by Engineering Services Committee October 24, 2011) Attachments Upcoming Meetings www.augustaga.gov PETITIONS AND COMMUNICATIONS 28. Motion to approve the minutes of the regular meeting of the Commission held October 18, 2011 and Special Called Meeting (Legal) held October 24, 2011. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 11/1/2011 AUGUSTA COMMISSION REGULAR AGENDA 11/1/2011 (Items 29-29) LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 29. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 11/1/2011 5:00 PM Invocation Department: Caption:Rev. Angel Maestre, Pastor, Centro Cristiano Oasis de Bendicion Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 1 Commission Meeting Agenda 11/1/2011 5:00 PM T.W. Josey High School Department: Caption:T.W. Josey High School French Club. RE: Seeking Commission support for planned trip to France. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 2 Attachment number 1 \nPage 1 of 1 Item # 2 Commission Meeting Agenda 11/1/2011 5:00 PM Water Conservation Restrictions Department:Law Caption:Motion to approve Augusta, Georgia's desires to update and amend the Code as related to the abolishment of the License and Inspection Department and the transfer of those powers and duties to the Planning and Development Department to be consistent with the Proposed Government Reorganization Draft Project Plan and to designate the name of the consolidated government as “Augusta, Georgia”. Augusta, Georgia seeks to update the local laws to reflect the name of the consolidated government. (Approved by Augusta Commission October 18, 2011- second reading) Background:None Analysis:None Financial Impact:None Alternatives:Deny Motion Recommendation:Approve Motion Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo Item # 3 ORDIACE O. _________________ A ORDIACE TO AMED THE AUGUSTA, GA. CODE, TITLE FIVE, CHAPTER TWO, ARTICLE FIVE RELATIG TO WATER COSERVATIO RE STRICTIOS; TO REPEAL ALL ORDIACES AD PARTS OF ORDIACES I COFLICT HEREWITH; TO PROVIDE A EFFECTIVE DATE AD FOR OTHE R PURPOSES. WHEREAS, on March 30, 2011, the Augusta, Georgia Commission approved the Administrator’s reorganization plan as described in the Augusta, Georgia Proposed Government Reorganization Draft Project Plan; and WHEREAS, such Proposed Government Reorganization Draft Project Plan requires the abolishment of the License and Inspection Department and to have the powers and duties of the License and Inspection Department to be transferred to the Planning and Development Department; and WHEREAS, Augusta, Georgia desires to update and amend the Code as related to the abolishment of the License and Inspection Department and the transfer of those powers and duties to the Planning and Development Department to be consistent with the Proposed Government Reorganization Draft Project Plan; and WHEREAS, 1997 Ga. Laws p. 4024 designates the name of the consolidated government as “Augusta, Georgia”; and WHEREAS, Augusta, Georgia seeks to update the local laws to reflect the name of the consolidated government. THE AUGUSTA, GEORGIA BOARD OF COMMISSIOS ordains as follows: SECTIO 1. AUGUSTA, GA. CODE Sections 5-2-110 through 5-2-115 as set forth in the AUGUSTA, GA. CODE, re-adopted July 10, 2007, are hereby amended by striking each section in its entirety as set forth in “Exhibit A” hereto and inserting in lieu thereof new Code Sections 5-2- 110 through 5-2-115 restated as set forth in “Exhibit B” hereto. SECTIO 2. Section 5-2-116 through 5-2-136 of the AUGUSTA, GA CODE shall remain reserved. SECTIO 3. This ordinance shall become effective on November 1, 2011. SECTIO 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Attachment number 1 \nPage 1 of 7 Item # 3 Adopted this _____ day of ______________, 2011. __________________________________________ David S. Copenhaver As its Mayor Attest: ____________________________________ Lena J. Bonner, Clerk of Commission Attachment number 1 \nPage 2 of 7 Item # 3 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Board of 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 1st Reading: 2nd Reading: Attachment number 1 \nPage 3 of 7 Item # 3 EXHIBIT A Sec. 5-2-110. Definitions. (a) Commercial. Any type of building other than residential. (b) Construction. The erection of a new building or the alteration of an existing building in connection with its repair or renovation or in connection with making an addition to an existing building and shall include the replacement of a malfunctioning, unserviceable, or obsolete faucet, showerhead, toilet, or urinal in an existing building. (c) Residential. Any building or unit of a building intended for occupancy as a dwelling but shall not include a hotel or motel. Sec. 5-2-111. Residential standards. On or after July 1, 1991, no construction may be initiated within Augusta-Richmond County for any residential building or any type which: (a) Employs a gravity tank-type, flushometer–valve, or flushometer–tank toilet that uses more than an average of one and six tenths (1.6) gallons of water per flush; however, this paragraph shall not be applicable to one-piece toilets until July 1, 1992. (b) Employs a shower head that allows a floe of more than an average of two and half (2.5) gallons of water per minute at sixty (60) pounds per square inch of pressure. (c) Employ a urinal that uses more than an average of one (1.0) gallon of water per flush. (d) Employ a lavatory faucet or lavatory replacement aerator that allows a flow of more than two (2.0) gallons of water per minute. (e) Employs a kitchen faucet or kitchen replacement aerator that allows a flow of more than two and half (2.5) gallons of water per minute. Sec. 5-2-112. Commercial standards. On or after July 1, 1992, there shall be no construction or any commercial building initiated within Augusta-Richmond County for any commercial building of any type which does not meet the requirements of subparagraph (a) through (e) of section 5-2-111. Sec. 5-2-113. Applicability. The requirements of section 5-2-111 shall apply to any residential construction initiated after July 1, 1991, and to any commercial construction initiated after July 1, 1992, which involves the repair or renovation of or addition to any existing building when such repair or renovation of or addition to such existing building includes replacement of toilets or showers or both. Attachment number 1 \nPage 4 of 7 Item # 3 Sec. 5-2-114. Exemptions. (a) New construction and the repair or renovation of an existing building shall be exempt from the requirements of section 5-2-111, 5-2-112 and 5-2-113 when: (1) The repair or renovation of the existing building does not include the replacement of the plumbing or sewage system servicing toilets, faucets or showerheads within such existing buildings; or (2) When such plumbing or sewage system within such existing building, because of its capacity, design or installation, would not function properly if the toilets, faucets or showerheads require by this article were installed; or (3) Such system is as well or gravity flow from a spring and is owned privately by an individual of use in such individual’s personal residence; or (4) Units to be installed are: a. Specifically designed for use by the handicapped: b. Specifically designed to withstand unusual abuse or installation in a penal institution; or c. Toilets for juveniles. (b) The owner, or his agent, of a building undergoing new construction or repair or renovation who is entitled to an exemption as specified in subsection (a)(2), (3) or (4) of this section shall obtain the exemption by applying at the office of the building inspector. A fee of fifty dollars ($50.00) shall be charged for the inspection and issuance of such exemption. Sec. 5-2-115. Enforcement; penalty. (a) This article shall be enforced by the office of the building inspector and/or the License & Inspection Department. Citations for violations may be issued by the chief building inspector or any inspector authorized to do so by the director of such department. (b) Any person, corporation, partnership or other entity violating this article shall be tried as a misdemeanor and upon conviction, shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment not to exceed sixty (60) days. Attachment number 1 \nPage 5 of 7 Item # 3 EXHIBIT B Sec. 5-2-110. Definitions. (a) Commercial. Any type of building other than residential. (b) Construction. The erection of a new building or the alteration of an existing building in connection with its repair or renovation or in connection with making an addition to an existing building and shall include the replacement of a malfunctioning, unserviceable, or obsolete faucet, showerhead, toilet, or urinal in an existing building. (c) Residential. Any building or unit of a building intended for occupancy as a dwelling but shall not include a hotel or motel. Sec. 5-2-111. Residential standards. On or after July 1, 1991, no construction may be initiated within Augusta, Georgia for any residential building or any type which: (a) Employs a gravity tank-type, flushometer–valve, or flushometer–tank toilet that uses more than an average of one and six tenths (1.6) gallons of water per flush; however, this paragraph shall not be applicable to one-piece toilets until July 1, 1992. (b) Employs a shower head that allows a floe of more than an average of two and half (2.5) gallons of water per minute at sixty (60) pounds per square inch of pressure. (c) Employ a urinal that uses more than an average of one (1.0) gallon of water per flush. (d) Employ a lavatory faucet or lavatory replacement aerator that allows a flow of more than two (2.0) gallons of water per minute. (e) Employs a kitchen faucet or kitchen replacement aerator that allows a flow of more than two and half (2.5) gallons of water per minute. Sec. 5-2-112. Commercial standards. On or after July 1, 1992, there shall be no construction or any commercial building initiated within Augusta, Georgia for any commercial building of any type which does not meet the requirements of subparagraph (a) through (e) of section 5-2-111. Sec. 5-2-113. Applicability. The requirements of section 5-2-111 shall apply to any residential construction initiated after July 1, 1991, and to any commercial construction initiated after July 1, 1992, which involves the repair or renovation of or addition to any existing building when such repair or renovation of or addition to such existing building includes replacement of toilets or showers or both. Attachment number 1 \nPage 6 of 7 Item # 3 Sec. 5-2-114. Exemptions. (a) New construction and the repair or renovation of an existing building shall be exempt from the requirements of section 5-2-111, 5-2-112 and 5-2-113 when: (1) The repair or renovation of the existing building does not include the replacement of the plumbing or sewage system servicing toilets, faucets or showerheads within such existing buildings; or (2) When such plumbing or sewage system within such existing building, because of its capacity, design or installation, would not function properly if the toilets, faucets or showerheads require by this article were installed; or (3) Such system is as well or gravity flow from a spring and is owned privately by an individual of use in such individual’s personal residence; or (4) Units to be installed are: i. Specifically designed for use by the handicapped: ii. Specifically designed to withstand unusual abuse or installation in a penal institution; or iii. Toilets for juveniles. (b) The owner, or his agent, of a building undergoing new construction or repair or renovation who is entitled to an exemption as specified in subsection (a)(2), (3) or (4) of this section shall obtain the exemption by applying at the office of the building inspector. A fee of fifty dollars ($50.00) shall be charged for the inspection and issuance of such exemption. Sec. 5-2-115. Enforcement; penalty. (a) This article shall be enforced by the office of the building inspector and/or the Planning & Development Department. Citations for violations may be issued by the chief building inspector or any inspector authorized to do so by the director of such department. (b) Any person, corporation, partnership or other entity violating this article shall be tried as a misdemeanor and upon conviction, shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment not to exceed sixty (60) days. Sec. 5-2-152 through 5-2-165. Reserved. Attachment number 1 \nPage 7 of 7 Item # 3 Commission Meeting Agenda 11/1/2011 5:00 PM 2012 Tourism Grant Department:Recreation, Parks and Facilities Department Caption:Motion to approve the authorization of 2012 Augusta CVB tourism grant application from Recreation, Parks and Facilities. (Approved by Public Services Committee October 24, 2011) Background:The Recreation, Parks and Facilities Department has been awarded tourism grants from Augusta CVB for the past 9 years. The grant application is for Newman Tennis Center which generates a large amount of economic impact annually. Analysis:The grants are 100% with no match required. Financial Impact:The grant will be used to promote tennis events to come to Augusta and will be cost neutral with expenses not exceeding grant revenues. Alternatives:None Recommendation:To approve. Funds are Available in the Following Accounts: Grant REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 4 Attachment number 1 \nPage 1 of 14 Item # 4 Attachment number 1 \nPage 2 of 14 Item # 4 Attachment number 1 \nPage 3 of 14 Item # 4 Attachment number 1 \nPage 4 of 14 Item # 4 Attachment number 1 \nPage 5 of 14 Item # 4 Attachment number 1 \nPage 6 of 14 Item # 4 Attachment number 1 \nPage 7 of 14 Item # 4 Attachment number 1 \nPage 8 of 14 Item # 4 Attachment number 1 \nPage 9 of 14 Item # 4 Attachment number 1 \nPage 10 of 14 Item # 4 Attachment number 1 \nPage 11 of 14 Item # 4 Attachment number 1 \nPage 12 of 14 Item # 4 Attachment number 1 \nPage 13 of 14 Item # 4 Attachment number 1 \nPage 14 of 14 Item # 4 Commission Meeting Agenda 11/1/2011 5:00 PM Airmed, Inc Aircraft Storage and Office Lease Department:Augusta Regional Airport Caption:Motion to approve the AirMed, Inc. Storage and Office Lease as approved by the Augusta Aviation Commission at their September 29, 2011 Meeting. (Approved by Public Services Committee October 24, 2011) Background:AirMed, Inc is a commercially operated medical flight business that operates 24/7 with emergeny resposnses to medical emergineces, accidents, and patient transfers. They are currently based out of Thomson - McDuffie County Airport and a helipad across from Doctors Hospital and would like to consolidate their operations to one location. AirMed has requested to lease a 2,113 sq ft office space in Hanger One along with an 8,850 sq ft aircraft storage space. Analysis:The terms of the lease is for five years beginning october 1, 2011 through September 30, 2016. Financial Impact:AirMed will purchase fuel at cost plus $0.90 per gallon, with the lease at $4,928.54. Alternatives:Deny request. Recommendation:Approve request for AirMed, Inc regarding Aircraft Storage and Office Lease Spaces. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Cover Memo Item # 5 Law. Administrator. Clerk of Commission Cover Memo Item # 5 At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 2 4 It e m # 5 At t a c h m e n t n u m b e r 1 \ n P a g e 2 o f 2 4 It e m # 5 At t a c h m e n t n u m b e r 1 \ n P a g e 3 o f 2 4 It e m # 5 At t a c h m e n t n u m b e r 1 \ n P a g e 4 o f 2 4 It e m # 5 At t a c h m e n t n u m b e r 1 \ n P a g e 5 o f 2 4 It e m # 5 At t a c h m e n t n u m b e r 1 \ n P a g e 6 o f 2 4 It e m # 5 At t a c h m e n t n u m b e r 1 \ n P a g e 7 o f 2 4 It e m # 5 At t a c h m e n t n u m b e r 1 \ n P a g e 8 o f 2 4 It e m # 5 At t a c h m e n t n u m b e r 1 \ n P a g e 9 o f 2 4 It e m # 5 At t a c h m e n t n u m b e r 1 \ n P a g e 1 0 o f 2 4 It e m # 5 At t a c h m e n t n u m b e r 1 \ n P a g e 1 1 o f 2 4 It e m # 5 At t a c h m e n t n u m b e r 1 \ n P a g e 1 2 o f 2 4 It e m # 5 At t a c h m e n t n u m b e r 1 \ n P a g e 1 3 o f 2 4 It e m # 5 At t a c h m e n t n u m b e r 1 \ n P a g e 1 4 o f 2 4 It e m # 5 At t a c h m e n t n u m b e r 1 \ n P a g e 1 5 o f 2 4 It e m # 5 At t a c h m e n t n u m b e r 1 \ n P a g e 1 6 o f 2 4 It e m # 5 At t a c h m e n t n u m b e r 1 \ n P a g e 1 7 o f 2 4 It e m # 5 At t a c h m e n t n u m b e r 1 \ n P a g e 1 8 o f 2 4 It e m # 5 At t a c h m e n t n u m b e r 1 \ n P a g e 1 9 o f 2 4 It e m # 5 At t a c h m e n t n u m b e r 1 \ n P a g e 2 0 o f 2 4 It e m # 5 At t a c h m e n t n u m b e r 1 \ n P a g e 2 1 o f 2 4 It e m # 5 At t a c h m e n t n u m b e r 1 \ n P a g e 2 2 o f 2 4 It e m # 5 At t a c h m e n t n u m b e r 1 \ n P a g e 2 3 o f 2 4 It e m # 5 At t a c h m e n t n u m b e r 1 \ n P a g e 2 4 o f 2 4 It e m # 5 Commission Meeting Agenda 11/1/2011 5:00 PM Building Fees Department:License & Inspection Caption:Motion to approve amendments to Augusta-Richmond County Code, Section 7-1-90 PERMIT FEES, so as to increase certain fees required in connection with the issuance of permits. (Approved by the Augusta Commission October 18, 2011 - second reading) Background:As part of the budgetary process, it is proposed that there be an increase in the building permit fees and associated fees as provided for in the attached amended ordinance. The Building Division budget is funded from the collection of fees associated with sale of permits. The collected revenue is not sufficient to cover the operating expenses. Last year (2010) the Construction Advisory Board recommended that the fees be increased 5% per year for five years. Analysis:The Construction Advisory Board at the November 18, 2010, meeting approved recommending an increase in fees in order to provide an additional 5% in revenue per year for the next five years, or until such time that the annual fee revenue equals the yearly budget for the Building Division. Each year of the five year period the Construction Advisory Board will review the budget and recommend if the 5% increase for the given year should be approved…. After reviewing the current year Building Division budget at the September 8, 2011 meeting, the Board approved recommending a 5% increase in the construction fees and increasing the minimum fee cost to $50.00. (The fees will be rounded up.) The Board also recommends that the minimum reserve fund be increased from $250,000 to $950,000. The reserve presently is $685,000… The building fees are collected for the purpose of funding the operation of the Building Division. At year end, any excess funds are deposited into the Building Division Revenue Fund. Over the last ten years we’ve saved over one- million dollars. However, in the last few years we have used some of the funds to purchase vehicles and software. Last year we borrowed from the fund to cover the Building Division budget deficit, which we will do again this year. By increasing the minimum permit fee to $50.00 and increasing fee structure 5% we Cover Memo Item # 6 will reduce the amount borrowed from the reserve fund and work toward having a balanced budget. Financial Impact:Based on the permit activity so far this year, the proposed Ordinance amendment will provide for an estimated $100,000 in additional revenue. Alternatives:Do not increase fees. Recommendation:Approval Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 6 ORDINANCE NO ________________ AN ORDINANCE TO AMEND THE AUGUSTA-RICHMOND COUNTY CODE SO AS TO INCREASE CERTAIN FEES REQUIRED IN CONNECTION WITH THE ISSUANCE OF PERMITS; TO PROVIDE AN EFFECTIVE DATE TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS: Section 1. The Augusta-Richmond County Code Section 7-1-90 is hereby amended by deleting said Section in their entirety and substituting therefore the following to wit: (a) When due and payable. A permit shall not be issued until the fees prescribed in this section shall have been paid, nor shall an amendment to permit be approved until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical or gas systems, shall have been paid. (b) Accounting of fees. The Director-Building Official shall keep a permanent and accurate accounting of all permit fees and other monies collected, the names of all persons upon whose account the same was paid, along with the date and amount thereof. (c) Amount-fee schedule. On all buildings, structures, electrical, plumbing, mechanical and gas systems or alterations requiring a permit, a fee for each permit shall be paid as required in subsection (a) of this section at the time of filing application, in accordance with the following schedule: (1) Residential. a. Single-Family Fee Schedule. Building, per square foot under roof $.06 Electrical, per house $50.00 Mechanical, per house $50.00 Plumbing, per house $50.00 Fireplace, each $8.00 Inspection fee, per house on crawl space $238.00 (14 inspections at $16.00 $17.00 each) Inspection fee, per house on slab $255.00 (15 inspections at $16.00 $17.00 each) b. Single-Family Attached (townhouses). Where lot is sold with house, fees shall be the same as for single-family. c. Apartment and condominium dwelling unit permit fees. The permit fee will be based on the construction cost using fee schedule. d. Seventeen dollars ($17.00) for each required inspection per dwelling unit. Attachment number 1 \nPage 1 of 3 Item # 6 e. All repairs, additions, alterations will be based on cost of labor and materials, using fee schedule, plus seventeen dollars ($17.00) for each required inspection. f. All inspections requested on the weekend and after normal business hours will be at a cost of one-hundred dollars ($100.00) per inspection. (2) Commercial, industrial, multifamily, and public building, having total valuation. ($500.00 and less: no fee unless inspection required.) $1.00 to $6,250.00 $50.00 flat fee, plus $17.00 fee for each inspection shall be charged. $6,251.00 to $15,000.00 $50.00 for the first $6,251.00 plus $4.20 for each additional thousand or fraction thereof, to and including $15,000.00. $15,001.00 to $50,000.00 $86.75 for the first $15,001.00 plus $4.20 for each additional thousand or fraction thereof, to and including $50,000.00. $50,001.00 to $100,000.00 $233.74 for the first $50,001.00 plus $3.15 for each additional thousand or fraction thereof, to and including $100,000.00. $100,001.00 to $500,000.00 $391.23 for the first $100,001.00 plus $2.10 for each additional thousand or fraction thereof to and including $500,000.00. $500,001.00 and up. $1231.20 for the first $500,001.00 plus $1.05 for each additional thousand or fraction thereof. (3) Moving of buildings or structures; for the moving of any building or structure, the fee shall be sixty-seven ($67). (4) Demolition of buildings or structures; for the demolition of any building or structure, the fee shall be fifty dollars ($50.00) per building, plus a seventeen dollar ($17.00) inspection fee. (5) All subcontractors and contractors for electrical, mechanical, plumbing, low voltage and sprinklers (building and grounds) will be required to purchase their own permits based on the fee schedule provided in paragraph (2) of this sub-section. Attachment number 1 \nPage 2 of 3 Item # 6 (6) All commercial repairs will be based on the cost or contract using the fee schedule in paragraph (2) of this sub-section for building, electrical, mechanical, plumbing, low- voltage and sprinkler system contractors. (7) Electrical permits for new (location) mobile homes shall be fifty dollars ($50.00) plus a seventeen dollar ($17.00) inspection fee and permits for electrical repairs to mobile homes shall be fifty dollars ($50.00) plus a seventeen dollar ($17.00) inspection fee. (8) Re-Inspection; if it is necessary to make a re-inspection for a required building, electrical, mechanical or plumbing inspection because of improper work, the contractor responsible shall pay a re-inspection fee of twenty-five dollars ($25.00) for each re-inspection. (9) Mothballing Permits: flat fee of twenty-five dollars ($25.00). (d) Same—Permit valuation. Permit valuations shall include total cost, such as plumbing, electrical, mechanical equipment and other systems, including materials and labor. If, in the opinion of the Director-Building Official, the valuation of building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be underestimated on the application, the permit shall be denied unless the applicant can show detailed estimated cost to meet the approval of the Director-Building Official. (e) Plan review fees. The fee for reviewing all plans, including Building, Electrical, Plumbing and Mechanical shall be sixty-six percent (66%) of the permit amount. One and two-family dwellings are exempt from plan review fees. Section 2. This ordinance shall become effective January 1, 2012. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Duly adopted by the Augusta-Richmond County Commission this _________ day of ______________, 2011. AUGUSTA-RICHMOND COUNTY COMMISSION ATTEST: By: _______________________________________ ________________________ As its Mayor Clerk First Reading: __________________ Second Reading: ________________ Attachment number 1 \nPage 3 of 3 Item # 6 Commission Meeting Agenda 11/1/2011 5:00 PM Butler Creek Trailhead Park Department:Tom F. Beck, Director, Augusta Recreation, Parks and Facilities Department Caption:Motion to approve Professional Services Agreement for Phase II design and engineering of the New Butler Creek Trailhead Park to W. K. Dickson & Co., Inc. for $33,700.00. (Approved by Public Services Committee October 24, 2011) Background:On August 17, 2010 the Augusta Commission approved W. K. Dickson for Phase I design and engineering services for Butler Creek Trailhead Park to cover preliminary design, mapping, geotechnical evaluations and construction documents. Analysis:Phase II design and engineering services will provide for architectural services, hydraulic analysis’s, pedestrian bridge design, final construction documents and well as construction administration services. Financial Impact:Funding has been secured for this project as part of the Commission approved list of SPLOST VI projects for the Department of Recreation, Parks and Facilities. Alternatives:1. To approve a professional services agreement with W. K. Dickson & Co., Inc. for $33,700. 2. Move no action thus delaying the required completion of design and new park development. Recommendation:1. To Approve Funds are Available in the Following Accounts: 328061110 - 2100066601 REVIEWED AND APPROVED BY: Cover Memo Item # 7 Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 7 1450 Greene Street Suite 225 Augusta, GA 30901 Tel. 706.722.3479 Fax 706.722.6773 www.wkdickson.com Transportation • Water Resources • Urban Development • Geomatics October 4, 2011 Mr. Ron Houck, CPRP Planning and Development Manager Augusta Recreation and Parks Department 2027 Lumpkin Rd. Augusta, GA 30906 RE: Amendment One for Additional Engineering Services for Butler Creek Trailhead Park Augusta, Georgia Dear Ron: W.K. Dickson & Co., Inc. is pleased to submit this amendment for additional Engineering Services for Butler Creek Trailhead Park. Once we developed the preliminary design for the park and investigated the permitting requirements for the proposed pedestrian bridge crossing Butler Creek, we were able to clearly define the additional services that are outlined below. Knowing that the bridge would have a major impact to the project budget, this amendment also includes the final design for the picnic and restroom facilities along with the construction administration. PROJECT UNDERSTANDING Augusta-Richmond County (ARC) will develop a new 10-acre park in the Butler Creek Area on Highway 56 in Augusta, to be named the Butler Creek Trailhead Park. W.K. Dickson (WKD) was obtained by the County on August 17, 2010 to develop preliminary design plans for the layout of the park which included a master plan, conceptual plans for the pedestrian bridge, picnic shelter and restrooms, and investigation in the permitting of the proposed pedestrian bridge crossing Butler Creek. SCOPE OF SERVICES The following provides a detailed outline of the Basic Scope of Services to be provided in this Amendment for Butler Creek Park. Task No. One: No-Rise Hydraulic Analysis at Butler Creek In the Preliminary Design Phase, WKD coordinated with the Richmond County floodplain administrator regarding local floodplain regulations and performed site visits to collect field data to support hydraulic flood study. The FEMA duplicate effective HEC-2 model was also obtained from FEMA to be used in the No-Rise Hydraulic Analysis. Attachment number 1 \nPage 1 of 6 Item # 7 Butler Creek Trailhead Park October 4, 2011 Page 2 of 6 To complete the No-Rise Hydraulic Analysis and submit the proper forms to FEMA, WKD will perform the following services: o Recreate the FEMA duplicate effective model by manually inputting the FEMA provided data into an electronic format. Initial efforts to obtain this information showed that the data is not available in an electronic format. FEMA will provide this information in a hard copy format that will require manual data input to recreate the model in an electronic format. o Convert the HEC-2 model into HEC-RAS to facilitate no-rise evaluation. o Create the existing (pre-project) conditions HEC-RAS model from the FEMA duplicate effective HEC-RAS model. o Create the proposed conditions HEC-RAS model by modifying the existing conditions HEC- RAS model. This model will include the proposed footbridge decking and fill material along with any grading needed to offset adverse impacts to 100-year flood elevations. o Make recommendation to proposed conditions site plan and HEC-RAS model to meet no- rise certificate requirements if needed. Develop the proposed footbridge design elevations that result in a bridge that overtops to an acceptable frequency while achieving a no-rise and goals for cost. This iterative process may include grading in the overbanks or channel to help offset 100-year flood elevation increases while meeting environmental permitting requirements. It is assumed that one alternative will be evaluated as agreed upon by the ARC and WKD to assist in minimizing evaluating multiple alternatives. One version of the project site plan will be used in this analysis. Additional versions of the site plan will be considered an additional service. o Respond and address comments from the County’s or FEMA’s regulatory review if necessary. o Prepare a short letter report summarizing the hydraulic modeling results (approximately 2-3 pages in length and will include hydraulic modeling appendices). o If project meets hydraulic requirement of not raising the 100-year floodplain and floodway elevations or increasing 100-year floodway widths, then WKD will submit No-Rise Certificate and the supporting information to ARC for submittal to FEMA. Task No. Two: Architectural Services for the Picnic Shelter/Restroom Shelter WKD will secure architectural and structural engineering services from Virgo Gambill for a picnic shelter and restrooms all combined in to one structure. The plans will include mechanical, electrical, and plumbing for the building. WKD will prepare final documents for bidding to be included in the Butler Creek Park bid package. Attachment number 1 \nPage 2 of 6 Item # 7 Butler Creek Trailhead Park October 4, 2011 Page 3 of 6 Task No. Three: Butler Creek Pedestrian Bridge Design WKD will secure structural engineering services for the design of a pre-engineered bridge with abutments to cross Butler Creek. This bridge will connect the proposed parking area for the Park to the recreational facilities. The following provides a detailed outline of the services to be provided for this task: o Foundations will be shallow foundations consisting of spread footings and strip footings. If piles are required due to unfavorable soil conditions, WKD will submit a second proposal for the new foundation system. o The pedestrian bridge will be a pre-engineered steel bridge designed by others. We will develop the required design loads and create a performance specification. The actual bridge will be designed by others. During the shop drawing review phase, we will verify bridge reaction corresponds to assumed/preliminary reactions used in the design of the foundations. o The elevated abutments and adjacent retaining walls are assumed to be cast-in-place concrete. o Means and methods of construction including temporary adjustments to the creek shall be the responsibility of the contractor, including design of construction related elements. Specifically, the scope of our structural engineering services includes the following: Construction Documents o Develop loading requirements and complete the gravity and lateral design of the abutment structure. o Complete construction documents, structural specifications, and details to support structural design. o The Structural Subconsultant will participate in local meetings via conference call as requested and respond to Owner generated comments. Construction Administration o Review submittals and shop drawings. o Provide phone consultation with the Contractor for clarification and questions. o Site visits are not included but can be provided based on the per trip fee noted below. o Assist Special Inspector in resolving design issues arising from construction issues. Attachment number 1 \nPage 3 of 6 Item # 7 Butler Creek Trailhead Park October 4, 2011 Page 4 of 6 Task No. Four: Construction Bidding Upon receiving the approvals from the regulatory agencies and ARC, WKD will proceed with the Construction Bidding portion of the project consisting of the following tasks: o Coordinate with ARC Procurement Department to advertise the project. o Fax bid information to CITY o Attend mandatory pre-bid meeting as a technical reference to ARC for the project. o Prepare letter of recommendation for award of the contract. o Attend the pre-construction meeting as a technical reference to ARC. o Provide clarification related to the plans/specifications throughout design and construction. Task No. Five: Construction Administration Provide services during construction as follows: o Review shop drawings submittals prepared by the Contractor and make recommendations on conformance with documents. o Attend Project meetings as scheduled (anticipating six (6) project meetings). o Recommend design changes as field conflicts arise (site visits may be required). o Review and approval of pay requests from the construction Contractor (line of communication will be Construction Contractor to resident observer to CONSULTANT to CITY). o Provide clarification and specifications throughout construction. o Revise/update plans and/or easement plats as changes occur that require submittal. ADDITIONAL SERVICES The following items are specifically excluded from the Basis Scope of Services. WK Dickson can provide these services to ARC if provided with written authorization. Any additional services provided by WKD to OWNER will be charged at WKD’s standard hourly rates. o Excludes WKD from evaluating a scour analysis for the building piers and/or piers. o Excludes WKD from meeting with USACE or GAEPD to coordinate additional non-FEMA related wetland or stream corridor permitting requirements. Attachment number 1 \nPage 4 of 6 Item # 7 Butler Creek Trailhead Park October 4, 2011 Page 5 of 6 o Excludes WKD from any additional permitting that could arise from impacts created by the project. o Excludes WKD from preparing a Conditional Letter of Map Revision (CLOMR) should a no- rise not be attainable. o Site visits are not included for the Architectural and Structural Subconsultants during the Construction Phase but can be provided based on the per trip fee. BASIS OF COMPENSATION (Lump Sum Fee) 1. Basic Services: ARC shall pay WKD for the services set forth in Attachment A, Scope of Services, a Lump Sum Fee of thirty three thousand and seven hundred dollars ($33,700.00) outlined as follows: o Task One - No Rise Hydraulic Analysis & Letter Report $ 8,500.00 o Task Two - Architectural Services for the Picnic Shelter/Restroom Shelter $ 5,000.00 o Task Three - Butler Creek Pedestrian Bridge Design $10,600.00 o Task Four – Construction Bidding $ 1,600.00 o Task Five – Construction Administration $ 8,000.00 Total $33,700.00 A percentage of the Lump Sum Fee will be billed on the last day of each month. The percentage billed will be the percentage of work estimated to be complete as of the day of billing. 2. Additional Services: Any additional services which are not specifically called for in Attachment A, Scope of Services, shall be considered Additional Services. ARC shall pay WKD for additional services in accordance with WKD’s standard rates. TIME OF COMPLETION WK Dickson will complete Tasks One through Three within forty five (45) days following the Notice to Proceed. Completion of Task Four will occur within ten (10) days following notification from ARC. Attachment number 1 \nPage 5 of 6 Item # 7 Attachment number 1 \nPage 6 of 6 Item # 7 Attachment number 2 \nPage 1 of 2 Item # 7 Attachment number 2 \nPage 2 of 2 Item # 7 Attachment number 3 \nPage 1 of 3 Item # 7 Attachment number 3 \nPage 2 of 3 Item # 7 Attachment number 3 \nPage 3 of 3 Item # 7 Commission Meeting Agenda 11/1/2011 5:00 PM FTA Resolution for TEAM Department:Augusta Public Transit Caption:Motion to approve a Resolution authorizing the filing of applications for Augusta Public Transit between the Federal Transit Administration (FTA) and Augusta, Georgia.(Approved by Public Services Committee October 24, 2011) Background:Augusta Public Transit files annual grant applications for capital project funding from the Federal Transit Administration. Analysis:The approval of this resolution will allow Augusta Public Transit to continue to provide transportation service to the Citizens of Augusta-Richmond County in conjunction with the Contractor, Mobility Transit.The approval of this resolution will allow Augusta Public Transit to continue to provide transportation service to the Citizens of Augusta-Richmond County in conjunction with the Contractor, Mobility Transit. Financial Impact:The passing of this resolution will continue to assist Augusta, Georgia with an 80% Federal, 10% State (when available) and 10% Local match. Alternatives:None. The grants applied for will be used to fund capital projects for Transit. Recommendation:Approve this resolution. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Cover Memo Item # 8 Law. Administrator. Clerk of Commission Cover Memo Item # 8 RESOLUTIO RESOLUTIO AUTHORIZIG THE FILIG OF APPLICATIOS W ITH THE FEDERAL TRASIT ADMIISTRATIO, A OPERATIG ADMIISTRATIO OF THE UITED STATES DEPARTMET OF TRASPORTATIO, FOR FEDERAL TRASPORTATIO ASSISTACE AUTHORIZED BY 49 U.S.C. CHAPTER 53, TITL E 23 UITED STATES CODE AD OTHER FEDERAL STATUTES ADMIISTERED BY THE FEDERAL TRASIT ADMIISTRATIO. WHEREAS, the Federal Transportation Administrator has been delegated authority to award Federal financial assistance for a transportation project; WHEREAS, the grant or cooperative agreement for Federal Financial assistance will impose certain obligations upon Augusta, Georgia, and may require Augusta, Georgia to provide the local share of the project cost; WHEREAS, Augusta, Georgia has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project. OW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission, Section 1: The Mayor of Augusta, Georgia or his designee is authorized to execute and file application for Federal Assistance on behalf of Augusta, Georgia with the Federal Transit Administration for Federal Assistance authorized by 49. U.S.C. Chapter 53, Title 23, United States Code, or other Federal statutes authorizing a project administered by the Federal Transit Administration, (If the Applicant is requesting Urbanized Area Formula Program assistance authorized by 49 U.S.C. §5307, either alone or in addition other Federal assistance administered by the Federal Transit Administration) the resolution should state whether the Applicant is the Designated Recipient as defined by 49 U.S.C. §5307 (A.)(2) OR WHETHER THE applicant has received authority from the Designated Recipient to apply for Urbanized Area Formula Program assistance. Section 2: The Mayor or his designee is authorized to execute and file with its application the annual certification and assurances and other document the Federal Transportation Administration requires before awarding a Federal assistance grant or cooperative agreement. Section 3: The Mayor or his designee is authorized to execute grant and cooperative agreements with the Federal Transit Administration on behalf of Augusta, Georgia. Attachment number 1 \nPage 1 of 2 Item # 8 Section 4: To the extent that any section of the Augusta, GA. Code is in conflict herewith, that subsection is waived for this instance only. Adopted this ___ day of , 2011. David S. Copenhaver As its Mayor Attest: Lena J. Bonner, Clerk of Commission Seal: CERTIFICATIO The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Resolution was duly adopted by the Augusta-Richmond County Commission on____________________, 2011 and that such Resolution has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Resolution which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Attachment number 1 \nPage 2 of 2 Item # 8 Commission Meeting Agenda 11/1/2011 5:00 PM Morris Communications, LLC and Blanchard & Calhoun Blue Sky II LLC Sublease Department:Augusta Regional Airport Caption:Motion to approve the sublease between Morris Communications, LLC and Blanchard & Calhoun Blue Sky II, LLC as approved by the Augusta Aviation Commission at their July 28, 2011 Meeting. (Approved by Public Services Committee October 24, 2011) Background:Morris Communications, LLC has requested to sublease aircraft storage areas and office areas in Hangar Three to Blanchard & Calhoun Blue Sky II, LLC, a corporate flight company that operates a Cessna Citation CJ1. Morris Communications has a 20 year lease with the airport that will not terminate until March 2018. That lease requires that Morris get permissioin from both the Aviation Commission and the Augusta Commission prior to subleasing any spaces within their hangar. Analysis:Since the airport does not currently have suitable facilities for Blanchard & Calhoun Blue Sky II, LLC it would be good buisness practice to allow Morris to sublease Blue Sky spaces temporarily until the airport has the appropriate facilities available. The terms of the lease is 36 months with 2 - one year options to renew. Financial Impact:Morris Communications, LLC will collect the lease amounts while the airport will collect fuel sales etc. from Blue Sky. Fuel will be sold to the tenant with a $0.50 per gallon discount as with all other tenants. Alternatives:Deny request. Recommendation:Approve the request to allow Morris Communications, LLC to sublease aircraft storage and office spaces to Blanchard & Calhoun Blue Sky II, LLC. Funds are Available in the Following Cover Memo Item # 9 Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 9 Attachment number 1 \nPage 1 of 18 Item # 9 Attachment number 1 \nPage 2 of 18 Item # 9 Attachment number 1 \nPage 3 of 18 Item # 9 Attachment number 1 \nPage 4 of 18 Item # 9 Attachment number 1 \nPage 5 of 18 Item # 9 Attachment number 1 \nPage 6 of 18 Item # 9 Attachment number 1 \nPage 7 of 18 Item # 9 Attachment number 1 \nPage 8 of 18 Item # 9 Attachment number 1 \nPage 9 of 18 Item # 9 Attachment number 1 \nPage 10 of 18 Item # 9 Attachment number 1 \nPage 11 of 18 Item # 9 Attachment number 1 \nPage 12 of 18 Item # 9 Attachment number 1 \nPage 13 of 18 Item # 9 Attachment number 1 \nPage 14 of 18 Item # 9 Attachment number 1 \nPage 15 of 18 Item # 9 Attachment number 1 \nPage 16 of 18 Item # 9 Attachment number 1 \nPage 17 of 18 Item # 9 Attachment number 1 \nPage 18 of 18 Item # 9 Commission Meeting Agenda 11/1/2011 5:00 PM Naming of Hickman Park Recreation Center Department:Recreation, Parks and Facilities Department Caption:Motion to approve naming the recreation building at Hickman Park to the Patricia Rigsby Daniel Recreation Center at Hickman Park. (Approved by Public Services Committee October 24, 2011) Background:Patricia (Pat) Rigsby Daniel, retired in 1994 from the Recreation and Parks Department after 40 years of service. Her first 22 years were spent as the director of Hickman Park, from 1954 – 1976. Pat organized hundreds of programs, events and activities at the park over those years, but is most fondly remembered for the playschool for 4-5 year olds that she ran for over 18 years at the park. Over 300 children graduated from Pat’s program and she was beloved by her students, especially after becoming adults and recognizing what a positive impact Pat had on their lives. Analysis:Naming the Patricia Rigsby Daniel Recreation Center at Hickman Park will reflect the many past contributions made to the community and is supported by the Summerville Neighborhood Association, her family and many former students. Financial Impact:The cost associated with purchasing a placque not to exceed $500. Alternatives:none Recommendation:To approve Funds are Available in the Following Accounts: 101-06-1323-5311816 REVIEWED AND APPROVED BY: Cover Memo Item # 10 Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 10 Commission Meeting Agenda 11/1/2011 5:00 PM New Terminal Project Furniture Department:Daniel Field Caption:Motion to approve the proposal with Weinberger's in the amount of $52,727.04 for the New Terminal Project Furniture at Daniel Field Airport. (Approved by Public Services Committee October 24, 2011) Background:On Monday, September 19, 2011, the Daniel Field Commission approved the purchase of furniture for the New Terminal Project from Weinberger's in the amount of $52,727.04. During the selection of the vendor for furniture, it was noted that Weinberger's, through JSI, holds the government contract for furniture. It was also noted that Modern Business Systems, Inc. also has the govemnment bid for furniture through Indiana Furniture. In contacting Modern Business Systems, Inc. they were unable to work with staff to assist in the selection of furniture for the remodeling of the airport terminal. Through several talks and extensive consideration, the Daniel Field Commission opted to use Weinberger's due to the inventory available and the assistance with necessary procurement of the items desired. Analysis:Using the government contract will remove about 49% off the list price of the funiture. Both JSI (Weinberger's) and Indiana Furniture (Modern Busisness Systems, Inc) have reperesentatives in the area, but JSI was easier for staff to work with and gave better solutions for the necceary items. Financial Impact:$50,000.00 will be paid through SPLOST. $2,727.04 will be paid by capital funds associated with the project. Alternatives:Deny request. Recommendation:Approve the selection of Weinberger's at a cost of $52,727.04 for the New Terminal Furniture. Funds are Available $50,000.00 to be paid with SPLOST VI funding- GL Code 328- Cover Memo Item # 11 in the Following Accounts: 08-1130,Job Ledger Code 210355002, Object Code 5423110 $2,727.04 to be paid through Daniel Field- GL Code 552081101, Object Code 5423110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 11 Attachment number 1 \nPage 1 of 8 Item # 11 Attachment number 1 \nPage 2 of 8 Item # 11 Attachment number 1 \nPage 3 of 8 Item # 11 Attachment number 1 \nPage 4 of 8 Item # 11 Attachment number 1 \nPage 5 of 8 Item # 11 Attachment number 1 \nPage 6 of 8 Item # 11 Attachment number 1 \nPage 7 of 8 Item # 11 Attachment number 1 \nPage 8 of 8 Item # 11 Commission Meeting Agenda 11/1/2011 5:00 PM Sublease between Morris Communications, LLC and Austin Aviation, LLC Department:Augusta Regional Airport Caption:Motion to approve the sublease between Morris Communications, LLC and Austin Aviation, LLC as approved by the Aviation Commission at their September 29, 2011 meeting.(Approved by Public Services Committee October 24, 2011) Background:Morris Communications LLC has a 20 year lease for their use of Hangar Three with a start date of 04/1998 through 03/2018. The current lease requires prior written approval to sublease. In order for Morris to sublease any hangar space it requires approval by both the Augusta Commission and the Aviation Commission. Analysis:Since the airpor currently does not have suitable facilities for Austin Aviation, LLC, allowing them to sub lease from Morris will be good business. Although Morris will recieve all lease payments, fuel sales will belong to the airport. They will receive a $0.50 discount like all tenants and their lease will be for 5 years. October 1, 2011 through September 30, 2016. Financial Impact:The airport will collect all fees for fuel etc. from Austin Aviation, LLC with Morris Communications, LLC recieving all lease monies. Alternatives:Deny request. Recommendation:Approve the request for Morris Communications, LLC to sub lease a section of their hangar to Austin Aviation, LLC. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY:Cover Memo Item # 12 Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 12 At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 1 7 It e m # 1 2 At t a c h m e n t n u m b e r 1 \ n P a g e 2 o f 1 7 It e m # 1 2 At t a c h m e n t n u m b e r 1 \ n P a g e 3 o f 1 7 It e m # 1 2 At t a c h m e n t n u m b e r 1 \ n P a g e 4 o f 1 7 It e m # 1 2 At t a c h m e n t n u m b e r 1 \ n P a g e 5 o f 1 7 It e m # 1 2 At t a c h m e n t n u m b e r 1 \ n P a g e 6 o f 1 7 It e m # 1 2 At t a c h m e n t n u m b e r 1 \ n P a g e 7 o f 1 7 It e m # 1 2 At t a c h m e n t n u m b e r 1 \ n P a g e 8 o f 1 7 It e m # 1 2 At t a c h m e n t n u m b e r 1 \ n P a g e 9 o f 1 7 It e m # 1 2 At t a c h m e n t n u m b e r 1 \ n P a g e 1 0 o f 1 7 It e m # 1 2 At t a c h m e n t n u m b e r 1 \ n P a g e 1 1 o f 1 7 It e m # 1 2 At t a c h m e n t n u m b e r 1 \ n P a g e 1 2 o f 1 7 It e m # 1 2 At t a c h m e n t n u m b e r 1 \ n P a g e 1 3 o f 1 7 It e m # 1 2 At t a c h m e n t n u m b e r 1 \ n P a g e 1 4 o f 1 7 It e m # 1 2 At t a c h m e n t n u m b e r 1 \ n P a g e 1 5 o f 1 7 It e m # 1 2 At t a c h m e n t n u m b e r 1 \ n P a g e 1 6 o f 1 7 It e m # 1 2 At t a c h m e n t n u m b e r 1 \ n P a g e 1 7 o f 1 7 It e m # 1 2 Commission Meeting Agenda 11/1/2011 5:00 PM An Ordinance to amend the Augusta, GA Code to restrict smoking and the use of E-Cigarettes in public places and for other purposes Department:Administrator Caption:Motion to approve tasking the Public Services Committee Chairman and the General Counsel to schedule work sessions to incorporate the input from the public hearings into the development of an Ordinance that can be adopted by the Commission to amend the Augusta, GA Code relating to restricting smoking in public places and in places of public accommodation. (Approved by Finance Committee October 24, 2011) Background:On August 2, 2011, the Commission tasked the Administrator and Law Department to Develop a Comprehensive No Smoking Ordinance for Richmond County and to Schedule public hearings to receive public input on the proposed ordinance. On October 13, 2011 and October 17, 2011 public hearings were held regarding the proposed ordinance. Thirteen persons spoke at the October 13 hearing and twenty-four persons spoke at the October 17, 2011 hearing. A petition of 416 signatures was provided in support of a no smoking ordinance. Analysis:Those in support of the No Smoking Ordinance expressed numerous concerns, including: Adverse health effects of second- hand smoke, to include cancer, respiratory illness, heart disease, eye problems, etc. Increased health care costs from smoke related illnesses. Littering of streets by cigarette butts. Harm to minors from exposure to second-hand smoke in automobiles. Employees not complaining about smoking at the work-place due to fear of losing their job. Those in opposition of the No Smoking Ordinance expressed numerous concerns as well, including: Financial impact to bars and restaurants that currently allow smoking. Impact of smoking restrictions on freedom of expression rights. Impact of smoking restrictions on free market. Belief that adverse health effects of smoking and second-hand smoke is exaggerated. Belief that E-cigarettes do not poses the same adverse effects as regular cigarettes. Ventilation equipment may be capable of “filtering” smoke. Cover Memo Item # 13 Financial Impact:N/A. Alternatives:Decline to approve Smoke Free Ordinance at this time. Recommendation:Approve. Funds are Available in the Following Accounts: N/A. REVIEWED AND APPROVED BY: Administrator Clerk of Commission Cover Memo Item # 13 Version 10-4-2011 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE, TITLE FOUR, BY ADDING A NEW ARTICLE TO BE DESIGNATED ARTICLE 7 AND NEW SECTIONS TO BE DESIGNATED SECTIONS 4-2-77 THROUGH 4- 2-95; TO REPEAL AUGUSTA, GA CODE TITLE FOUR, SECTION 4-2-1; TO RESTRICT SMOKING AND THE USE OF E-CIGARETTES IN PUBLIC PLACES AND IN PLACES OF PUBLIC ACCOMMODATION; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the National Institute of Health’s National Cancer Institute (the “NCI”) has determined sixty-nine chemicals that cause cancer are found in secondhand smoke; that tobacco smoke is a major contributor to indoor air pollution; that secondhand smoke causes lung cancer in non-smokers; and that secondhand smoke has also been associated with heart disease in adults, sinus cancer, breast cancer in pre-menopausal women, low birth-weight babies, Sudden Infant Death Syndrome, infections, and asthma attacks in both children and adults. [“Americans for Nonsmokers’ Rights” (“ANR”); The Health Consequences of Exposure to Tobacco Smoke: Report of the Surgeon General…National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006]; and WHEREAS, scientific evidence has firmly established there is no safe level of exposure to second-hand tobacco smoke, a pollutant that causes serious illnesses in children and adults, and has also established the only effective way to protect the population from the harmful effects of second-hand smoke is to establish one hundred percent (100%) smoke-free environments [World Health Organization, “Protection from exposure to second-hand smoke: policy recommendations,” WHO, 2007]; and WHEREAS, during periods of active smoking in outdoor cafes and restaurants, outdoor tobacco smoke levels rivaled indoor tobacco smoke concentrations. In a study done in outdoor restaurants and bars in Athens, Georgia, it was found that nonsmokers who spent six hours in outdoor smoking sections experienced a significant increase in levels of cotinine (metabolized nicotine) when compared to the cotinine levels in smoke-free outdoor areas. [ANR, citing Hall, J. C. et al, “Assessment of exposure to secondhand smoke at outdoor bars and family Attachment number 1 \nPage 1 of 18 Item # 13 Version 10-4-2011 restaurants in Athens, Georgia, using salivary cotinine.“ Journal of Occupational and Environmental Hygiene 6(11): 698-704, Nov. 2009]; and, WHEREAS, the Official Code of Georgia Annotated (“O.C.G.A.”) Title 31, Health, Chapter 12A, SMOKEFREE AIR, Section 31-12A-12, gives municipalities the authority to pass more restrictive, smoke-free ordinances than state law, as follows: This chapter shall be cumulative to and shall not prohibit the enactment of any other general or local laws, rules, and regulations of state or local governing authorities or local ordinances prohibiting smoking which are more restrictive than this chapter or are not in direct conflict with this chapter. WHEREAS, in Horne v. the City of Cordele, 254 Ga. 346, 348-49, 329 S.E.2d 134 (1985), the Georgia Supreme Court stated: …a municipal corporation can not by ordinance provide for the punishment of an act which constitutes a criminal offense under the general law of the state, in the absence of express legislative authority conferring this power upon the municipality. Moran v. Atlanta, 102 Ga. 840, 30 S. E. 298 (1898)….The legislature can not delegate to a municipality the authority to punish in a municipal court a state offense as such. However, it may authorize the punishment of an act as a city offense that would also be a State offense, provided the terms of the act conferring the authority are clear and unequivocal and manifest a legislative intent to confer authority for the punishment of such act. [Cits. Omitted]. WHEREAS, O.C.G.A. § 16-12-2(a) legislates that if a person smokes tobacco “in violation of Chapter 12A of Title 31,” such person “shall be guilty of a misdemeanor and, if convicted, shall be punished by a fine of not less than $100.00 nor more than $500.00.” Further, O.C.G.A. § 16-12-2(b), mirrors O.C.G.A. § 31-12A-12, stating: This Code section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules and regulations of state or local agencies, and local ordinances prohibiting smoking which are more restrictive than this Code section. Attachment number 1 \nPage 2 of 18 Item # 13 Version 10-4-2011 WHEREAS, pursuant to the above statutes, the General Assembly has given local governments the authority to pass ordinances prohibiting smoking tobacco in public places and the authority to enforce the ordinances in the courts; and WHEREAS, several cities in Georgia, including Savannah, Athens-Clarke County, Decatur and Atlanta, have passed ordinances to declare their cities and local governments to be “Smoke-Free”; and WHEREAS, all citizens of Augusta, Georgia and its visitors are entitled to breathe chemical-free air that has not been polluted by secondhand smoke. THE AUGUSTA, GEORGIA COMMISSION ordains as follows: SECTION 1. AUGUSTA, GA CODE, Title 4, Section 4-2-1 as set forth in the AUGUSTA, GA CODE, re-adopted July 10, 2007, is hereby amended by striking this section in its entirety as set forth in “Exhibit A” hereto. Section 4-2-1 shall be reserved. SECTION 2. AUGUSTA, GA CODE, Title 4, is hereby amended to add new article to be designated Article 7 and new sections to be designated Sections 4-2-77 through 4-2-95 as set forth in “Exhibit B” hereto. SECTION 3. This ordinance shall be effective thirty (30) days from and after the date of its adoption in accordance with applicable laws. SECTION 4. All ordinances, parts of ordinances, policies, and procedures concerning events held on public property in conflict herewith are hereby repealed. Adopted this _____ day of__________, 2011. ___________________________ David S. Copenhaver As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Seal: Attachment number 1 \nPage 3 of 18 Item # 13 Version 10-4-2011 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on_________________, 2011 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: ______________________ First Reading ______________________ Second Reading ______________________ Attachment number 1 \nPage 4 of 18 Item # 13 Version 10-4-2011 Exhibit A STRIKE: Sec. 4-2-1. Smoking prohibited in Augusta-Richmond County buildings. (a) Definitions. For purposes of this section, the following definitions shall apply: (1) Public building. Any enclosed building, structure or indoor facility owned, operated, leased or managed by Augusta-Richmond County which is used by or open to the public, including without limitation, public transportation, enclosed areas occupied by Augusta-Richmond County staff, open office areas, shared offices, private offices, hallways, restrooms, escalators, elevators, stairways, lobbies, reception and waiting rooms, classrooms, meeting or conference rooms and auditoriums, on-site cafeterias, lunchrooms, lounges and any facility, school or educational institution being used by Augusta-Richmond County for the purpose of providing classroom instruction. (2) Smoking. Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, weed, plant or other combustible substance in any manner or in any form. (b) No person shall smoke in any public building as defined in this section. (c) Nothing in this section shall be deemed, interpreted, or construed to permit smoking in any public place or area where smoking is prohibited or restricted by other applicable law. (d) No Smoking signs with letters of not less than one (1) inch in height shall be conspicuously posted in every building, structure or facility where smoking is prohibited by this section by the operator, manager or other person having control of such building, structure, facility or other place. (e) If any provision of this section or the application thereof to any person or circumstances are held to be invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provisions or application, and to this end, the provisions of this ordinance are severable. Attachment number 1 \nPage 5 of 18 Item # 13 Version 10-4-2011 (f) Any person or persons failing to comply with the lawful provisions hereof or doing any act prohibited hereby or failing to do any act mandated hereby shall be guilty of an offense, and upon trial as a misdemeanor and conviction shall be subject to the penalties provided by section 1-6-1. REPLACE WITH: Sec. 4-2-1. Reserved. Attachment number 1 \nPage 6 of 18 Item # 13 Version 10-4-2011 Exhibit B ADD NEW: ARTICLE 7. Smoking prohibitions in public places and places of employment. Sec. 4-2-77. Purpose of Smoking Ordinance. The purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smokefree air, and to recognize that the need to breathe smokefree air shall have priority over the desire to smoke. Sec. 4-2-78. Definitions. The following words and phrases, whenever used in this Article, shall be construed as defined in this Section: A. “Bar” means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. B. “Business” means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; and private clubs. C. “E-cigarette” means any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e- pipe, or under any other product name or descriptor. Attachment number 1 \nPage 7 of 18 Item # 13 Version 10-4-2011 D. “Employee” means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a non-profit entity. E. “Employer” means a person, business, partnership, association, corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one or more individual persons. F. “Enclosed Area” means all space between a floor and a ceiling that is bounded on at least two sides by walls, doorways, or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not containing openings of any kind. G. “Health Care Facility” means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities. H. “Place of Employment” means an area under the control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, construction sites, temporary offices, and vehicles. A private residence is not a “place of employment” unless it is used as a child care, adult day care, or health care facility. I. “Playground” means any park or recreational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds or on Augusta, Georgia owned grounds. Attachment number 1 \nPage 8 of 18 Item # 13 Version 10-4-2011 J. “Private Club” means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501. K. “Public building” Any enclosed building, structure or indoor facility owned, operated, leased or managed by Augusta, Georgia which is used by or open to the public, including without limitation, public transportation, enclosed areas occupied by Augusta, Georgia staff, open office areas, shared offices, private offices, hallways, restrooms, escalators, elevators, stairways, lobbies, reception and waiting rooms, classrooms, meeting or conference rooms and auditoriums, on-site cafeterias, lunchrooms and lounges. L. “Public Place” means an area to which the public is invited or in which the public is permitted, including but not limited to, all public buildings, banks, bars, educational facilities, gaming facilities, health care facilities, hotels and motels, laundromats, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a “public place” unless it is used as a child care, adult day care, or health care facility. M. “Restaurant” means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term “restaurant” shall include a bar area within the restaurant. N. “Service Line” means an indoor or outdoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including but not limited to, ATM Attachment number 1 \nPage 9 of 18 Item # 13 Version 10-4-2011 lines, concert lines, food vendor lines, movie ticket lines, and sporting event lines. O. “Shopping Mall” means an enclosed public walkway or hall area that serves to connect retail or professional establishments. P. “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, in any manner or in any form. “Smoking” also includes the use of an e-cigarette which creates a vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Article. Q. “Sports Arena” means a place where people assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events, including sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, and bowling alleys. Sec. 4-2-79. Application of Article to Augusta, Georgia Owned Public Buildings, Facilities and Property. All parks, recreation centers, public buildings, enclosed areas, including vehicles owned, leased, or operated by Augusta, Georgia, as well as all outdoor property adjacent to such buildings and under the control of Augusta, Georgia, shall be subject to the provisions of this Article. Sec. 4-2-80. Prohibition of Smoking in Enclosed Public Buildings and Public Places. Smoking shall be prohibited in all parks, recreation centers, public buildings and enclosed public places within Augusta, Georgia, including but not limited to, the following places: A. Aquariums, galleries, libraries, and museums. Attachment number 1 \nPage 10 of 18 Item # 13 Version 10-4-2011 B. Areas available to the general public in businesses and non-profit entities patronized by the public, including but not limited to, banks, laundromats, professional offices, and retail service establishments. C. Bars. D. Bingo facilities. E. Child care and adult day care facilities. F. Convention facilities. G. Educational facilities, both public and private. H. Elevators. I. Gaming facilities. J. Health care facilities. K. Hotels and motels. L. Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities. M. Polling places. N. Public transportation vehicles, including buses and taxicabs, owned by or under the authority of Augusta, Georgia, and ticket, boarding, and waiting areas of public transportation facilities, including bus, train, and airport facilities. O. Restaurants. P. Restrooms, lobbies, reception areas, hallways, and other common-use areas. Q. Retail stores. Attachment number 1 \nPage 11 of 18 Item # 13 Version 10-4-2011 R. Rooms, chambers, places of meeting or public assembly, under the control of an agency, board, commission, committee or council of Augusta, Georgia, to the extent the place is subject to the jurisdiction of Augusta, Georgia. S. Service lines. T. Shopping malls. U. Sports arenas, including enclosed places in outdoor arenas. V. Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances. W. Parks and recreation centers. Sec. 4-2-81. Prohibition of Smoking in Enclosed Places of Employment. A. Smoking shall be prohibited in all enclosed areas of places of employment without exception. This includes, without limitation, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. B. This prohibition on smoking shall be communicated to all existing employees by the effective date of this Article and to all prospective employees upon their application for employment. Sec. 4-2-82. Prohibition of Smoking in Private Clubs. Smoking shall be prohibited in all private clubs. Sec. 4-2-83. Prohibition of Smoking in Enclosed Residential Facilities. Smoking shall be prohibited in the following enclosed residential facilities: A. All private and semi-private rooms in nursing homes. Attachment number 1 \nPage 12 of 18 Item # 13 Version 10-4-2011 B. All hotel and motel rooms that are rented to guests. Sec. 4-2-84. Prohibition of Smoking in Outdoor Public Places. Smoking shall be prohibited in the following outdoor places: A. Within a reasonable distance of not less than 20 feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to prevent tobacco smoke from entering those areas. B. On all outdoor property that is adjacent to buildings owned, leased, or operated by Augusta, Georgia and that is under the control of Augusta, Georgia. C. In, and within 20 feet of, outdoor seating or serving areas of restaurants and bars. D. In all parks and recreation centers, outdoor arenas, stadiums, and amphitheaters. Smoking shall also be prohibited in, and within 20 feet of, bleachers and grandstands for use by spectators at sporting and other public events. E. In, and within 20 feet of, all outdoor playgrounds. F. In, and within 20 feet of, all outdoor public transportation stations, platforms, and shelters under the authority of Augusta, Georgia. G. In all outdoor service lines, including lines in which service is obtained by persons in vehicles, such as service that is provided by bank tellers, parking lot attendants, and toll takers. In lines in which service is obtained by persons in vehicles, smoking is prohibited by both pedestrians and persons in vehicles, but only within 20 feet of the point of service. H. In outdoor common areas of apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities, except in designated smoking areas, not to exceed twenty-five percent (25%) of the total outdoor common area, which must be Attachment number 1 \nPage 13 of 18 Item # 13 Version 10-4-2011 located at least 20 feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited. Sec. 4-2-85. Prohibition of Smoking in Outdoor Places of Employment. A. Smoking shall be prohibited in all outdoor places of employment where two or more employees are required to be in the course of their employment. This includes, without limitation, work areas, construction sites, temporary offices such as trailers, restroom facilities, and vehicles. B. This prohibition on smoking shall be communicated to all existing employees by the effective date of this Article and to all prospective employees upon their application for employment. Sec. 4-2-86. Where Smoking Not Regulated. Notwithstanding any other provision of this Article to the contrary, smoking shall not be prohibited in private residences, unless used as a childcare, adult day care, or health care facility. Sec. 4-2-87. Declaration of Establishment or Outdoor Area as Nonsmoking. Notwithstanding any other provision of this Article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 4-2-88(A) is posted. Sec. 4-2-88. Posting of Signs and Removal of Ashtrays. The owner, operator, manager, or other person in control of a public place or place of employment where smoking is prohibited by this Article shall: A. Clearly and conspicuously post “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) in that place. Attachment number 1 \nPage 14 of 18 Item # 13 Version 10-4-2011 B. Clearly and conspicuously post at every entrance to that place a sign stating that smoking is prohibited. C. Clearly and conspicuously post on every vehicle that constitutes a place of employment under this Article at least one sign, visible from the exterior of the vehicle, stating that smoking is prohibited. D. Remove all ashtrays from any area where smoking is prohibited by this Article, except for ashtrays displayed for sale and not for use on the premises. Sec. 4-2-89. Nonretaliation; Nonwaiver of Rights. A. No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, customer, or resident of a multiple-unit residential facility because that employee, applicant, customer, or resident exercises any rights afforded by this Article or reports or attempts to prosecute a violation of this Article. Notwithstanding Section 4-2-91, violation of this Subsection shall be a misdemeanor, and upon conviction shall be subject to the penalties provided by section 1-6-1 for each violation. B. An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party. Sec. 4-2-90. Enforcement. A. This Article shall be enforced by the Augusta, Georgia Administrator or an authorized designee or any law enforcement officer of the Office of the Sheriff. B. Notice of the provisions of this Article shall be given to all applicants for a business license in Augusta, Georgia. C. Any citizen who desires to register a complaint under this Article may initiate enforcement with the Augusta, Georgia Administrator or an Attachment number 1 \nPage 15 of 18 Item # 13 Version 10-4-2011 authorized designee or any law enforcement officer of the Office of the Sheriff. D. The Health Department, Fire Department, or their designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Article. E. An owner, manager, operator, or employee of an area regulated by this Article shall direct a person who is smoking in violation of this Article to extinguish the product being smoked. If the person does not stop smoking, the owner, manager, operator, or employee shall refuse service and shall immediately ask the person to leave the premises. If the person in violation refuses to leave the premises, the owner, manager, operator, or employee shall contact a law enforcement agency. F. Notwithstanding any other provision of this Article, an employee or private citizen may bring legal action to enforce this Article. G. In addition to the remedies provided by the provisions of this Section, the Department of Health or the Augusta, Georgia Administrator or any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this Article may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction. Sec. 4-2-91. Violations and Penalties. A. A person who smokes in an area where smoking is prohibited by the provisions of this Article shall be guilty of an infraction, punishable by a fine not exceeding fifty dollars ($50). B. Except as otherwise provided in Section 4-2-89(A), a person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this Article shall be guilty of an infraction, punishable by: 1. A fine not exceeding one hundred dollars ($100) for a first violation. Attachment number 1 \nPage 16 of 18 Item # 13 Version 10-4-2011 2. A fine not exceeding two hundred dollars ($200) for a second violation within one (1) year. 3. A fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year. C. In addition to the fines established by this Section, violation of this Article by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred. D. Violation of this Article is hereby declared to be a public nuisance, which may be abated by the Augusta, Georgia Administrator by restraining order, preliminary and permanent injunction, or other means provided for by law, and Augusta, Georgia may take action to recover the costs of the nuisance abatement, including attorney’s fees. E. Each day on which a violation of this Article occurs shall be considered a separate and distinct violation. Sec. 4-2-91. Public Education. Department of Health shall engage in a continuing program to explain and clarify the purposes and requirements of this Article to citizens affected by it, and to guide owners, operators, and managers in their compliance with it. The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this ordinance. Sec. 4-2-92. Governmental Agency Cooperation. The Augusta, Georgia Administrator shall annually request other governmental and educational agencies having facilities within Augusta, Georgia to establish local operating procedures in cooperation and compliance with this Article. This includes urging all Federal, State, Augusta, Georgia, and School District agencies to update their existing smoking control regulations to be consistent with the current health findings regarding secondhand smoke. Attachment number 1 \nPage 17 of 18 Item # 13 Version 10-4-2011 Sec. 4-2-93. Other Applicable Laws. This Article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Sec. 4-2-94. Liberal Construction. This Article shall be liberally construed so as to further its purposes. Sec. 4-2-95. Severability. If any provision, clause, sentence, or paragraph of this Article or the application thereof to any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are declared to be severable. Attachment number 1 \nPage 18 of 18 Item # 13 Commission Meeting Agenda 11/1/2011 5:00 PM An Ordinance to Amend the Augusta, GA Code Title Seven Chapters One through Three Sections 7-1- 19, 7-1-19.2, 7-1-19.6 through 7-1-19.9, 7-1-26 Through 7-1-33, 7-1-47 through 7-1-48, 7-1-86, 7-1-116-2, 7-1-116-4 through 7-1-116-5, 7-1-136, 7-2-3, 7-2-63, 7 Department:Administrator Caption:Motion to approve an Ordinance to amend the Augusta, GA Code Title Seven Chapters One through Three Sections 7-1-19, 7-1- 19.2, 7-1-19.6 through 7-1-19.9, 7-1-26 through 7-1-33, 7-1-47 through 7-1-48, 7-1-86, 7-1-116-2, 7-1-116-4 through 7-1-116-5, 7-1-136, 7-2-3, 7-2-63, 7-2-76, and 7-3-73 relating to the powers and duties of the License and Inspection Department; to repeal all Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by the Augusta Commission October 18, 2011 - second reading) Background: Analysis: Financial Impact: Alternatives:Deny Recommendation:Approve Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 14 Attachment number 1 \nPage 1 of 68 Item # 14 Attachment number 1 \nPage 2 of 68 Item # 14 Attachment number 1 \nPage 3 of 68 Item # 14 Attachment number 1 \nPage 4 of 68 Item # 14 Attachment number 1 \nPage 5 of 68 Item # 14 Attachment number 1 \nPage 6 of 68 Item # 14 Attachment number 1 \nPage 7 of 68 Item # 14 Attachment number 1 \nPage 8 of 68 Item # 14 Attachment number 1 \nPage 9 of 68 Item # 14 Attachment number 1 \nPage 10 of 68 Item # 14 Attachment number 1 \nPage 11 of 68 Item # 14 Attachment number 1 \nPage 12 of 68 Item # 14 Attachment number 1 \nPage 13 of 68 Item # 14 Attachment number 1 \nPage 14 of 68 Item # 14 Attachment number 1 \nPage 15 of 68 Item # 14 Attachment number 1 \nPage 16 of 68 Item # 14 Attachment number 1 \nPage 17 of 68 Item # 14 Attachment number 1 \nPage 18 of 68 Item # 14 Attachment number 1 \nPage 19 of 68 Item # 14 Attachment number 1 \nPage 20 of 68 Item # 14 Attachment number 1 \nPage 21 of 68 Item # 14 Attachment number 1 \nPage 22 of 68 Item # 14 Attachment number 1 \nPage 23 of 68 Item # 14 Attachment number 1 \nPage 24 of 68 Item # 14 Attachment number 1 \nPage 25 of 68 Item # 14 Attachment number 1 \nPage 26 of 68 Item # 14 Attachment number 1 \nPage 27 of 68 Item # 14 Attachment number 1 \nPage 28 of 68 Item # 14 Attachment number 1 \nPage 29 of 68 Item # 14 Attachment number 1 \nPage 30 of 68 Item # 14 Attachment number 1 \nPage 31 of 68 Item # 14 Attachment number 1 \nPage 32 of 68 Item # 14 Attachment number 1 \nPage 33 of 68 Item # 14 Attachment number 1 \nPage 34 of 68 Item # 14 Attachment number 1 \nPage 35 of 68 Item # 14 Attachment number 1 \nPage 36 of 68 Item # 14 Attachment number 1 \nPage 37 of 68 Item # 14 Attachment number 1 \nPage 38 of 68 Item # 14 Attachment number 1 \nPage 39 of 68 Item # 14 Attachment number 1 \nPage 40 of 68 Item # 14 Attachment number 1 \nPage 41 of 68 Item # 14 Attachment number 1 \nPage 42 of 68 Item # 14 Attachment number 1 \nPage 43 of 68 Item # 14 Attachment number 1 \nPage 44 of 68 Item # 14 Attachment number 1 \nPage 45 of 68 Item # 14 Attachment number 1 \nPage 46 of 68 Item # 14 Attachment number 1 \nPage 47 of 68 Item # 14 Attachment number 1 \nPage 48 of 68 Item # 14 Attachment number 1 \nPage 49 of 68 Item # 14 Attachment number 1 \nPage 50 of 68 Item # 14 Attachment number 1 \nPage 51 of 68 Item # 14 Attachment number 1 \nPage 52 of 68 Item # 14 Attachment number 1 \nPage 53 of 68 Item # 14 Attachment number 1 \nPage 54 of 68 Item # 14 Attachment number 1 \nPage 55 of 68 Item # 14 Attachment number 1 \nPage 56 of 68 Item # 14 Attachment number 1 \nPage 57 of 68 Item # 14 Attachment number 1 \nPage 58 of 68 Item # 14 Attachment number 1 \nPage 59 of 68 Item # 14 Attachment number 1 \nPage 60 of 68 Item # 14 Attachment number 1 \nPage 61 of 68 Item # 14 Attachment number 1 \nPage 62 of 68 Item # 14 Attachment number 1 \nPage 63 of 68 Item # 14 Attachment number 1 \nPage 64 of 68 Item # 14 Attachment number 1 \nPage 65 of 68 Item # 14 Attachment number 1 \nPage 66 of 68 Item # 14 Attachment number 1 \nPage 67 of 68 Item # 14 Attachment number 1 \nPage 68 of 68 Item # 14 Commission Meeting Agenda 11/1/2011 5:00 PM An Ordinance to Amend the Augusta, GA Code Title Six Chapter Seven Sections 6-7-5, 6-7-42 Through 6-7-43, 6-7-60, 6-7-69, 6-7-90 Through 6-7-91, 6-7-96 Through 6-7-97, and 6-7-110 Department:Administrator Caption:Motion to approve an Ordinance to amend the Augusta, GA Code Title Six Chapter Seven Sections 6-7-5, 6-7-42 through 6-7-43, 6- 7-60, 6-7-69, 6-7-90 through 6-7-91, 6-7-96 through 6-7-97, and 6-7-110 relating to the powers and duties of the License and Inspection Department; to repeal all Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by the Augusta Commission October 18, 2011 - second reading) Background: Analysis: Financial Impact: Alternatives:Deny Recommendation:Approve Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 15 Attachment number 1 \nPage 1 of 20 Item # 15 Attachment number 1 \nPage 2 of 20 Item # 15 Attachment number 1 \nPage 3 of 20 Item # 15 Attachment number 1 \nPage 4 of 20 Item # 15 Attachment number 1 \nPage 5 of 20 Item # 15 Attachment number 1 \nPage 6 of 20 Item # 15 Attachment number 1 \nPage 7 of 20 Item # 15 Attachment number 1 \nPage 8 of 20 Item # 15 Attachment number 1 \nPage 9 of 20 Item # 15 Attachment number 1 \nPage 10 of 20 Item # 15 Attachment number 1 \nPage 11 of 20 Item # 15 Attachment number 1 \nPage 12 of 20 Item # 15 Attachment number 1 \nPage 13 of 20 Item # 15 Attachment number 1 \nPage 14 of 20 Item # 15 Attachment number 1 \nPage 15 of 20 Item # 15 Attachment number 1 \nPage 16 of 20 Item # 15 Attachment number 1 \nPage 17 of 20 Item # 15 Attachment number 1 \nPage 18 of 20 Item # 15 Attachment number 1 \nPage 19 of 20 Item # 15 Attachment number 1 \nPage 20 of 20 Item # 15 Commission Meeting Agenda 11/1/2011 5:00 PM An Ordinance to Amend the Augusta, GA Code Title Six Chapter Six Sections 6-6-5 and 6-6-37 through 6-6-47 Department:Administrator Caption:Motion to approve an Ordinance to amend the Augusta, GA Code Title Six Chapter Six Sections 6-6-5 and 6-6-37 through 6-6-47 relating to the powers and duties of the License and Inspection Department; to repeal all Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by the Augusta Commission October 18, 2011 - second reading) Background: Analysis: Financial Impact: Alternatives:Deny Recommendation:Approve Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 16 Attachment number 1 \nPage 1 of 58 Item # 16 Attachment number 1 \nPage 2 of 58 Item # 16 Attachment number 1 \nPage 3 of 58 Item # 16 Attachment number 1 \nPage 4 of 58 Item # 16 Attachment number 1 \nPage 5 of 58 Item # 16 Attachment number 1 \nPage 6 of 58 Item # 16 Attachment number 1 \nPage 7 of 58 Item # 16 Attachment number 1 \nPage 8 of 58 Item # 16 Attachment number 1 \nPage 9 of 58 Item # 16 Attachment number 1 \nPage 10 of 58 Item # 16 Attachment number 1 \nPage 11 of 58 Item # 16 Attachment number 1 \nPage 12 of 58 Item # 16 Attachment number 1 \nPage 13 of 58 Item # 16 Attachment number 1 \nPage 14 of 58 Item # 16 Attachment number 1 \nPage 15 of 58 Item # 16 Attachment number 1 \nPage 16 of 58 Item # 16 Attachment number 1 \nPage 17 of 58 Item # 16 Attachment number 1 \nPage 18 of 58 Item # 16 Attachment number 1 \nPage 19 of 58 Item # 16 Attachment number 1 \nPage 20 of 58 Item # 16 Attachment number 1 \nPage 21 of 58 Item # 16 Attachment number 1 \nPage 22 of 58 Item # 16 Attachment number 1 \nPage 23 of 58 Item # 16 Attachment number 1 \nPage 24 of 58 Item # 16 Attachment number 1 \nPage 25 of 58 Item # 16 Attachment number 1 \nPage 26 of 58 Item # 16 Attachment number 1 \nPage 27 of 58 Item # 16 Attachment number 1 \nPage 28 of 58 Item # 16 Attachment number 1 \nPage 29 of 58 Item # 16 Attachment number 1 \nPage 30 of 58 Item # 16 Attachment number 1 \nPage 31 of 58 Item # 16 Attachment number 1 \nPage 32 of 58 Item # 16 Attachment number 1 \nPage 33 of 58 Item # 16 Attachment number 1 \nPage 34 of 58 Item # 16 Attachment number 1 \nPage 35 of 58 Item # 16 Attachment number 1 \nPage 36 of 58 Item # 16 Attachment number 1 \nPage 37 of 58 Item # 16 Attachment number 1 \nPage 38 of 58 Item # 16 Attachment number 1 \nPage 39 of 58 Item # 16 Attachment number 1 \nPage 40 of 58 Item # 16 Attachment number 1 \nPage 41 of 58 Item # 16 Attachment number 1 \nPage 42 of 58 Item # 16 Attachment number 1 \nPage 43 of 58 Item # 16 Attachment number 1 \nPage 44 of 58 Item # 16 Attachment number 1 \nPage 45 of 58 Item # 16 Attachment number 1 \nPage 46 of 58 Item # 16 Attachment number 1 \nPage 47 of 58 Item # 16 Attachment number 1 \nPage 48 of 58 Item # 16 Attachment number 1 \nPage 49 of 58 Item # 16 Attachment number 1 \nPage 50 of 58 Item # 16 Attachment number 1 \nPage 51 of 58 Item # 16 Attachment number 1 \nPage 52 of 58 Item # 16 Attachment number 1 \nPage 53 of 58 Item # 16 Attachment number 1 \nPage 54 of 58 Item # 16 Attachment number 1 \nPage 55 of 58 Item # 16 Attachment number 1 \nPage 56 of 58 Item # 16 Attachment number 1 \nPage 57 of 58 Item # 16 Attachment number 1 \nPage 58 of 58 Item # 16 Commission Meeting Agenda 11/1/2011 5:00 PM An Ordinance to Amend the Augusta, GA Code Title Six Chapter Two Sections 6-2-2, 6-2-5, 6-2-59 through 6-2-60, 6-2-70 through 6-2-72, 6-2-75 through 6-2-77, 6-2-103, 6-2-116, 6-2-119 through 6-2-125, and 6-2-142 through 6-2-143 Department:Administrator Caption:Motion to approve an Ordinance to amend the Augusta, GA Code Title Six Chapter Two Sections 6-2-2, 6-2-5, 6-2-59 through 6-2- 60, 6-2-70 through 6-2-72, 6-2-75 through 6-2-77, 6-2-103, 6-2- 116, 6-2-119 through 6-2-125, and 6-2-142 through 6-2-143 relating to the powers and duties of the License and Inspection Department; to repeal all Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by the Augusta Commission October 18, 2011 - second reading) Background: Analysis: Financial Impact: Alternatives:Deny Recommendation:Approve Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 17 Attachment number 1 \nPage 1 of 61 Item # 17 Attachment number 1 \nPage 2 of 61 Item # 17 Attachment number 1 \nPage 3 of 61 Item # 17 Attachment number 1 \nPage 4 of 61 Item # 17 Attachment number 1 \nPage 5 of 61 Item # 17 Attachment number 1 \nPage 6 of 61 Item # 17 Attachment number 1 \nPage 7 of 61 Item # 17 Attachment number 1 \nPage 8 of 61 Item # 17 Attachment number 1 \nPage 9 of 61 Item # 17 Attachment number 1 \nPage 10 of 61 Item # 17 Attachment number 1 \nPage 11 of 61 Item # 17 Attachment number 1 \nPage 12 of 61 Item # 17 Attachment number 1 \nPage 13 of 61 Item # 17 Attachment number 1 \nPage 14 of 61 Item # 17 Attachment number 1 \nPage 15 of 61 Item # 17 Attachment number 1 \nPage 16 of 61 Item # 17 Attachment number 1 \nPage 17 of 61 Item # 17 Attachment number 1 \nPage 18 of 61 Item # 17 Attachment number 1 \nPage 19 of 61 Item # 17 Attachment number 1 \nPage 20 of 61 Item # 17 Attachment number 1 \nPage 21 of 61 Item # 17 Attachment number 1 \nPage 22 of 61 Item # 17 Attachment number 1 \nPage 23 of 61 Item # 17 Attachment number 1 \nPage 24 of 61 Item # 17 Attachment number 1 \nPage 25 of 61 Item # 17 Attachment number 1 \nPage 26 of 61 Item # 17 Attachment number 1 \nPage 27 of 61 Item # 17 Attachment number 1 \nPage 28 of 61 Item # 17 Attachment number 1 \nPage 29 of 61 Item # 17 Attachment number 1 \nPage 30 of 61 Item # 17 Attachment number 1 \nPage 31 of 61 Item # 17 Attachment number 1 \nPage 32 of 61 Item # 17 Attachment number 1 \nPage 33 of 61 Item # 17 Attachment number 1 \nPage 34 of 61 Item # 17 Attachment number 1 \nPage 35 of 61 Item # 17 Attachment number 1 \nPage 36 of 61 Item # 17 Attachment number 1 \nPage 37 of 61 Item # 17 Attachment number 1 \nPage 38 of 61 Item # 17 Attachment number 1 \nPage 39 of 61 Item # 17 Attachment number 1 \nPage 40 of 61 Item # 17 Attachment number 1 \nPage 41 of 61 Item # 17 Attachment number 1 \nPage 42 of 61 Item # 17 Attachment number 1 \nPage 43 of 61 Item # 17 Attachment number 1 \nPage 44 of 61 Item # 17 Attachment number 1 \nPage 45 of 61 Item # 17 Attachment number 1 \nPage 46 of 61 Item # 17 Attachment number 1 \nPage 47 of 61 Item # 17 Attachment number 1 \nPage 48 of 61 Item # 17 Attachment number 1 \nPage 49 of 61 Item # 17 Attachment number 1 \nPage 50 of 61 Item # 17 Attachment number 1 \nPage 51 of 61 Item # 17 Attachment number 1 \nPage 52 of 61 Item # 17 Attachment number 1 \nPage 53 of 61 Item # 17 Attachment number 1 \nPage 54 of 61 Item # 17 Attachment number 1 \nPage 55 of 61 Item # 17 Attachment number 1 \nPage 56 of 61 Item # 17 Attachment number 1 \nPage 57 of 61 Item # 17 Attachment number 1 \nPage 58 of 61 Item # 17 Attachment number 1 \nPage 59 of 61 Item # 17 Attachment number 1 \nPage 60 of 61 Item # 17 Attachment number 1 \nPage 61 of 61 Item # 17 Commission Meeting Agenda 11/1/2011 5:00 PM An Ordinance to Amend the Augusta, GA Code Title Six Chapters Four and Five Sections 6-4-1, 6-4-7, and 6-5-7 Department:Administrator Caption:Motion to approve an Ordinance to amend the Augusta, GA Code Title Six Chapters Four and Five Sections 6-4-1, 6-4-7, and 6-5-7 relating to the powers and duties of the License and Inspection Department; to repeal all Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by the Augusta Commission October 18, 2011 - second reading) Background: Analysis: Financial Impact: Alternatives:Deny Recommendation:Approve Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 18 Attachment number 1 \nPage 1 of 10 Item # 18 Attachment number 1 \nPage 2 of 10 Item # 18 Attachment number 1 \nPage 3 of 10 Item # 18 Attachment number 1 \nPage 4 of 10 Item # 18 Attachment number 1 \nPage 5 of 10 Item # 18 Attachment number 1 \nPage 6 of 10 Item # 18 Attachment number 1 \nPage 7 of 10 Item # 18 Attachment number 1 \nPage 8 of 10 Item # 18 Attachment number 1 \nPage 9 of 10 Item # 18 Attachment number 1 \nPage 10 of 10 Item # 18 Commission Meeting Agenda 11/1/2011 5:00 PM Approve Aetna as Augusta, Georgia’s Ancillary Insurance Provider (Life/Long Term Disability/Accidental Death and Dismemberment) for 2012. Department:Human Resources Caption:Motion to approve Aetna as Augusta, Georgia’s Ancillary Insurance Provider (Life/Long Term Disability/Accidental Death and Dismemberment) for 2012. (Approved by Administrative Services Committee October 24, 2011) Background:Augusta has more than 2,400 employees eligible for Life and Long Term Disability coverage. The total cost for this year will be approximately $$963,809. The current carrier for ancillary insurance for Augusta, GA is The Standard Life Insurance Company. Analysis:After a thorough RFP process for both Life and Long Term Disability, 4 finalists were selected for formal presentations to the insurance committee. Each vendor was asked to prepare a 45 minute presentation and provide their best and final offer. Those vendors included, The Standard, BCBS of Georgia, Aetna, and Cigna. While all 4 companies were very competitive and provided an enhanced benefit package over what Augusta Richmond County has in place today, Aetna was chosen as the carrier to continue final negotiations with based on competitive pricing and overall value. Wells Fargo entered into final negotiations with Aetna and below are the negotiated rates for 2012. The rates listed come with a 3 year rate guarantee and no reduction in benefits to Augusta Richmond County employees. Financial Impact: Alternatives:Do not approve Aetna as Augusta, Georgia’s Ancillary Insurance Provider (Life/Long Term Disability/Accidental Death and Dismemberment) for 2012. Recommendation:Approve Aetna as Augusta, Georgia’s Ancillary Insurance Provider (Life/Long Term Disability/Accidental Death and Dismemberment) for 2012. Cover Memo Item # 19 Funds are Available in the Following Accounts: In respective employee benefits budgets. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 19 Commission Meeting Agenda 11/1/2011 5:00 PM Approve BlueCross BlueShield of Georgia as Augusta, Georgia’s Medical Insurance Provider for 2012. Department:Human Resources Caption:Motion to approve BlueCross BlueShield of Georgia as the Augusta, Georgia Medical Insurance Provider for 2012. (Approved by Administrative Services Committee October 24, 2011) Background:Augusta has more than 2,400 employees eligible for medical insurance. The total estimated cost for this year will be approximately $20,571,414. The plan is currently funded using a shared risk arrangement with BlueCross BlueShield of Georgia. BlueCross BlueShield of Georgia is also the provider for the retiree Smart Value Insurance for Augusta, GA. Analysis:The initial renewal for 2012 with BlueCross BlueShield of Georgia was for an 8% ($1,645,713) increase in premium. After the initial review by Augusta’s Benefits Consultant, Wells Fargo two companies were selected two finalists (BlueCross BlueShield of Georgia and Aetna). After the finalists presentations the information was reviewed again by the selection committee and BlueCross BlueShield of Georgia was selected to begin final negotiations with Wells Fargo. Active Employees Original Renewal Premium $22,217,127 Best & Final Offer (5% increase) $21,599,984 Additional Negotiated Discount (1%) $205,714 Net Premium for 2012 $21,394,270 Increase $822,856 Financial Impact:The total estimated cost for Active employees in 2012 is: $21,394,270 Augusta currently has a shared risk agreement with BCBS of GA. 3% of the premium is waived if Augusta does not reach a set claims threshold. This year Augusta will not reach the threshold saving the 3% in premium. This agreement will be continued for 2012. This not only has a potential of saving Augusta money, but it helps to prepare for the potential risk that will be incurred if Augusta decides to become self insured in the future. Alternatives:Do not approve BlueCross BlueShield of Georgia as Augusta, Georgia’s Health Insurance Provider for 2012 for employees and Cover Memo Item # 20 retirees of Augusta, GA. Recommendation:Approve BlueCross BlueShield of Georgia as Augusta, Georgia’s Health Insurance Provider for 2012 for employees and retirees of Augusta, GA. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 20 Request for Proposal Request for Proposals will be received at this office until Friday, September 16, 2011 @ 11:00 a.m. for furnishing: RFP Item #11-148 Fully Insured Insurance Services for Human Resources Department RFP Item #11-149 Ancillary Insurance Services for Human Resources Department RFP Item #11-150 Self Insured/TPA for Human Resources 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 Georgia 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, August 26, 2011 @ 10:00 a.m. in the Procurement Department 530 Greene Street, Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Monday, August 29, 2011 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 90 days after time has been called on the date of opening. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. Bidders are cautioned that acquisition 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. The purpose of this Disadvantaged Business Enterprises program is to comply with U.S. Department of Transportation (DOT), Federal Transit Administration (FTA), Federal Aviation Administration (FAA) and other federal and state mandated DBE requirements for certain DOT, FTA, FAA, and other federal and state assisted contracts as required by 49 C.F.R. Part 26, et. seq. and/or 49 C.F.R. Part 23, et. seq. This DBE program is only for DOT, FTA and FAA assisted contracts and other federal or state funded contracts having mandatory DBE requirements. (See Article 13 of the Augusta, GA Code) GERI A. SAMS, Procurement Director Publish: Augusta Chronicle August 4, 11, 18, 25, 2011 Metro Courier August 10, 2011 cc: Tameka Allen Interim Deputy Administrator Rod Powell Human Resources Robby Burns Human Resources Revised: 7/14/11 Attachment number 1 \nPage 1 of 1 Item # 20 VENDORS Attachment B E-Verify # Addendums 1 & 2 Original 9 Copies Fee Proposal Aetna Inc 11675 Great Oaks Way Alpharetta GA 30071 YES 47479 YES YES YES YES Blue Cross Blue Shield Of GA 3350 Peachtree Road Atlanta GA 30326 YES 351835818 YES YES YES YES Consumers Life 1899 Powers Ferry Road Suite 400 Atlanta GA 30339 YES 125928 YES YES YES YES United Health Care 3720 Davinci Court Ste300 Norcross GA 30092 YES 54820 YES YES YES YES Aegias 4571-B Cox Road Evans GA 30809 Cigna 3500 Piedmont Road Suite 200 Atlanta GA 30305 Colonial Life 1200 Colonial Life Blvd Columbia SC 29210 Humana 1005 Mansford Lane Evans GA 30809 Transamerica 3007 Pine Needle Road #204 Augusta GA 30909 Wealth Preservation Group LLC 6849 Peachtree Dunwoody Road Building R-1 Suite 102 Atlanta GA 30328 RFP Item #11-148 Fully Insured Insurance Services for Augusta, Georgia - Human Resources Department RFP Due: Friday, September 16, 2011 @ 11:00 a.m. Page 1 of 1 Attachment number 2 \nPage 1 of 1 Item # 20 Attachment number 3 \nPage 1 of 1 Item # 20 Attachment number 4 \nPage 1 of 3 Item # 20 Attachment number 4 \nPage 2 of 3 Item # 20 Attachment number 4 \nPage 3 of 3 Item # 20 Attachment number 5 \nPage 1 of 2 Item # 20 Attachment number 5 \nPage 2 of 2 Item # 20 Attachment number 6 \nPage 1 of 5 Item # 20 Attachment number 6 \nPage 2 of 5 Item # 20 Attachment number 6 \nPage 3 of 5 Item # 20 Attachment number 6 \nPage 4 of 5 Item # 20 Attachment number 6 \nPage 5 of 5 Item # 20 General Description Rating Factor Points BCBS GA Aetna UHC Consumers Life PROGRAM DESIGN 3.00 Ability to meet all RFP requirements 2.00 1.00 1.00 3.00 Flexibility in custom benefit plan 3.00 2.00 2.00 Points 6.00 5.00 3.00 3.00 8.00 Reporting capabilities 7.00 7.00 6.00 4.00 Claim processing accuracy 4.00 4.00 4.00 3.00 Claim processing timeliness 3.00 3.00 3.00 2.00 Claim processing systems 2.00 2.00 2.00 3.00 Service/performance guarantees 1.00 2.00 - 7.00 Account Management - Staff Level/Experience 7.00 5.00 5.00 2.00 Employer/Member Services 2.00 2.00 2.00 3.00 Wellness Resources 2.00 3.00 2.00 3.00 Diseaase Management Programs 2.00 3.00 3.00 3.00 Access to Providers (Network)3.00 2.00 3.00 3.00 Network Discounts 3.00 - 3.00 2.00 Technological Capabilities 1.00 2.00 2.00 1.00 Communication materials 1.00 1.00 1.00 Points 44.00 38.00 36.00 36.00 INTEGRATION WITH ADP 2.00 External Vendors - Value & Ease of doing business 1.00 1.00 2.00 Points 2.00 1.00 1.00 2.00 25.00 Premium 25.00 18.75 12.50 2.00 Multi-Year Rate Guarantee - - - Points 27.00 25.00 18.75 12.50 7.00 Experience related to performance of requested services 7.00 7.00 7.00 3.00 Financial/Administrative Stability 3.00 3.00 3.00 3.00 RFP Quality/Completeness 3.00 2.00 2.00 4.00 Character, Reputation, References 4.00 4.00 4.00 4.00 Overall Value Proposition 3.00 2.00 2.00 Points 21.00 20.00 18.00 18.00 Grand Total 100.00 89.00 76.75 71.50 AUGUSTA RICHMOND COUNTY - Fully-Insured RFP Scoresheet PROSPECTIVE CONTRACTOR'S CREDENTIALS AND RESPONSIVENESS Scale 0 (Low) to 5 (High) PRICING PLAN ADMINISTRATION AND SERVICES 1 Attachment number 7 \nPage 1 of 1 Item # 20 Commission Meeting Agenda 11/1/2011 5:00 PM DHS-DFCS Rental Agreement Department:Law Caption:Motion to approve the Rental Agreement between Augusta, Georgia (Landlord) and the Department of Human Resources - Family and Children Services (Tenant) for property located at 520 Fenwick Street in Augusta, Georgia.(Approved by Administrative Services Committee October 24, 2011) Background: Analysis:n/a Financial Impact:Please see Exhibit A Alternatives:Deny the motion to approve the rental agreement. Recommendation:Approve the motion. Funds are Available in the Following Accounts: n/a REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 21 At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 6 It e m # 2 1 At t a c h m e n t n u m b e r 1 \ n P a g e 2 o f 6 It e m # 2 1 At t a c h m e n t n u m b e r 1 \ n P a g e 3 o f 6 It e m # 2 1 At t a c h m e n t n u m b e r 1 \ n P a g e 4 o f 6 It e m # 2 1 At t a c h m e n t n u m b e r 1 \ n P a g e 5 o f 6 It e m # 2 1 At t a c h m e n t n u m b e r 1 \ n P a g e 6 o f 6 It e m # 2 1 #3246 EXHIBIT A 1. PROVISION FOR ADJUSTMENTS IN OPERATING EXPENSES PAYMENTS: a. Per Article III and Exhibits “A, & C”, rent is composed of two elements. The two elements are Capital Expenses Rent (“CE”) and Operating Expenses Rent (“O/E”). Adding these two elements together equals Base Rent (“BR”) (CE+ O/E = BR). Base Rent is reflected as a number in Article III. Operating Expenses Rent is subject to annual adjustments subject to Exhibit “B”, paragraph 1. Capital Expense Rent is subject to adjustments subject to Exhibit “B”, paragraph 3. Operating Expense Rent is paid monthly and originally is set at $3.997 per square foot or $28,975.00 per month. b. For purposes of this Special Stipulation No. 1, 1. the term ‘Building’ shall refer to that building located at 520 Fenwick Street, Augusta, Georgia 30901 , being that building in which the premises referenced in this Agreement is located; 2. the term ‘Operating Expenses” shall include only those costs of operation and routine repair and maintenance of the Building and shall specifically be comprised of insurance, utilities, janitorial and cleaning services, landscaping, dumpster/trash, light bulbs, parking lot, service contracts, elevators, HVAC, pest control, and for the cost of materials and labor for routine repairs and maintenance; 3. the term ‘Base Year’ shall refer to the calendar year ending on the 31st day of December last preceding the beginning of the renewal or extension term for which additional Rent is being calculated; 4. the Base Year for this special stipulation shall be Calendar Year 2010; 5. the term “Increased Operating Expenses Rent” shall refer to the amount, if any, by which the Operating Expenses Rent for the Calendar Year following the Base Year exceeds the Operating Expenses Rent for the Base Year, excluding the amount of any such increase over which Landlord has any direct control; 6. the term ‘Pro-Rata Percentage’ shall refer to a numerical value calculated by dividing the net usable/rentable square footage of office space in the Building occupied by Tenant (numerator) by the total net usable/rentable square footage of office space in the Building (denominator) and multiplying the resulting fraction by 100 as follows: 86,986 Square feet times 100 equals 100.00 % 86,986 Square feet c. Upon receipt of supporting documents showing Increased Operating Expenses, Tenant agrees to pay in any renewal or extension term of this Agreement, additional Operating Expenses Rent in equal monthly payments in addition to the Capital Expense Rent described in this Agreement. Said additional Operating Expenses Rent shall be equal to the Pro-Rata Percentage divided by 100 and multiplied by the Increased Operating Expenses, plus the additional Operating Expenses Rent (if any) paid in the immediately preceding term. d. Landlord shall furnish Tenant written evidence, of the Operating Expenses of the Base Year and the year immediately preceding the Base Year in order to justify any additional Operating Expenses Rent. Said written evidence shall be furnished to Tenant within ninety (90) days from the end of the Base Year. 2. PROVISION FOR CAPITAL EXPENSE RENT: Page 1 of 3 Attachment number 2 \nPage 1 of 3 Item # 21 The Base Rent for the Premises is set forth in Article III of the Rental Agreement. As part of the Base Rent, Tenant shall pay a monthly Capital Expense Rent, which is subject to adjustment pursuant to Paragraph 3 of this Exhibit B. Capital Expense Rent is calculated based upon $3.360 per rentable square foot of space in the Premises per year or $24,358.34 per month. Landlord shall be responsible for, contingent upon adequate maintenance reserves (See EXHIBIT C), structural repairs to the roofs, exterior walls and foundation of the Building and for capital expenditures incurred to repair and replace improvements, systems and equipment on the Premises. The portion of Base Rent which represents the Capital Expense Rent shall be placed in a segregated custodial account (hereinafter the “CE Fund”) by the Landlord, which shall be an interest-bearing account. Landlord may, at Landlord’s discretion, invest and reinvest the funds in the CE Fund in investments permitted for funds of the Landlord and all earnings shall be maintained in the CE Fund. The CE Fund, together with all earnings thereon, shall be used solely for the purpose of funding Capital Repairs to the Premises. Neither the Capital Expense Rent nor the earnings there from shall be used as general fund revenue by, or placed in any general account, of the Landlord. At least once annually, a financial statement shall be forwarded from Landlord to Tenant to show accounting of the CE Fund balance, including, without limitation, all receipts and disbursements. The financial statement is to be delivered to Tenant by the 1st day of April each year for the preceding year. Both a representative of the Landlord (Director of Planning & Development Department) and of the Tenant (Director of Office of Facilities and Support Services) shall agree in writing on the list of projects, costs on projects, and the date of completion of those projects by May 1st each year. 3. PROVISION FOR CAPITAL EXPENSE RENT ADJUSTMENT: Prior to May 1st of the Initial Term or any Additional Term thereafter, or at any other time or times when requested by Tenant, Tenant and Landlord will agree to an equitable adjustment to increase or decrease the amount, if any, of the monthly Capital Expense Rent for deposit in the CE Fund for the following term. Tenant and Landlord also agree to review and agree upon the increased or decreased in the monthly Capital Expense Rent (or other funding mechanisms) required to fund such costs before Landlord is deemed obligated to make any modifications to the Premises to bring them into compliance with any new Federal and State statues or regulations. Any CE Fund increases or decreases shall be reduced to writing and acknowledged by both Tenant and Landlord. At the time Tenant vacates the Premises all monies in the CE Fund account shall be returned to the Tenant within sixty (60) days. 4. PROVISION FOR OPEN ENDED MODIFICATION Upon receipt of a written request from Tenant, Landlord agrees to perform such alterations and/or modifications to the premises as are deemed necessary by Tenant, provided that such alterations and/or modifications are acceptable to Landlord and are consistent with the structural integrity of the Premises. Landlord shall not unreasonably withhold consent to such alterations and/or modification requests. Each such request shall specifically enumerate all items of work to be performed by Landlord and shall set forth the Special Rent Assessment payable by Tenant. If such alterations and/or modifications, and the amount of the proposed Special Rent Assessment are acceptable to Landlord, Landlord agrees to perform such work in accordance with Tenant’s request; provided however, that Landlord shall not be required to perform any work not specifically set forth in any such request, including, without limitation, changes to work being performed as a result of such requests, unless Tenant submits additional written request, enumerating all such additional items of work and conforming to the above Page 2 of 3 Attachment number 2 \nPage 2 of 3 Item # 21 Page 3 of 3 requirements. Tenant further agrees to pay all Special Rent Assessments in full within ten (10) days of completion of all work set forth in each such request, upon acceptance and approval of such alterations or modifications by Tenant. 5. PROVISION FOR ADDITIONAL NOTICE: All notices, demands and requests required or permitted to be given under the provisions of this Lease shall be deemed duly given if sent by registered or certified United States mail, postage prepaid, addressed to Landlord, Tenant and as follows: Georgia State Properties Commission Leasing Division 47 Trinity Avenue, SW Suite G-02 Atlanta, Georgia 30334-9006 or such other address as the parties may from time to time designate in writing. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Attachment number 2 \nPage 3 of 3 Item # 21 At t a c h m e n t n u m b e r 3 \ n P a g e 1 o f 4 It e m # 2 1 At t a c h m e n t n u m b e r 3 \ n P a g e 2 o f 4 It e m # 2 1 At t a c h m e n t n u m b e r 3 \ n P a g e 3 o f 4 It e m # 2 1 At t a c h m e n t n u m b e r 3 \ n P a g e 4 o f 4 It e m # 2 1 Commission Meeting Agenda 11/1/2011 5:00 PM 2011 Animal Services Department:Finance Department - Fleet Management Division Caption:Motion to approve the replacement of one animal containment truck and one general usSUV (Explorer) for the Animal Services Department. (Approved by Finance Committee October 24, 2011) Background: Augusta Animal Services Department requests the acquisition of one replacement animal containment truck to bring their fleet in line with current demands. The lack of General Fund Capital Outlay funding for the replacement of vehicles and equipment in the past has prevented Animal Services from adequate replacement. Animal Services operates with 6 animal containment trucks (all on F-250 chassis). They currently have 1- 2010 model, 2-2008 models, 1-2005 model, 1-2003 model and 1- 2000 model. The vehicle to be replaced is asset number 994197 , the 2000 year model truck with 204,158 miles. This vehicle was evaluated using the replacement criteria and the evaluation is attached for review. They are also requesting the replacement of a 1999 Ford Ranger used by the Director and other employees of the Department for administrative transportation needs. There is only one truck within the department that is for general transportation use. It has limited personnel carrying capabilities which makes it limited use to the Department. A six cylinder SUV is a better match for the needs of the department. An assessment of the Ford Ranger is attached for review. Analysis:The new vehicle will be purchased through the Georgia Statewide Contract bid program, contract number S-90795, assuring the best pricing available throughout the state. Financial Impact:The animal transport truck is $38,553.00 and the SUV is $23,821.00. The total required is $62,374.00. Funding for the procurement of this equipment was approved in the SPLOST VI sales tax referendum. Alternatives:(1) Approve the replacement of the two vehicles. (2) Do not approve the request. Cover Memo Item # 22 Recommendation:Approve the replacement of two vehicles for the Animal Services Department. Funds are Available in the Following Accounts: 328-03-1310/54.22210 211-03-6001/54.22210 Phase VI Sales Tax REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 22 Attachment number 1 \nPage 1 of 1 Item # 22 Attachment number 2 \nPage 1 of 1 Item # 22 Attachment number 3 \nPage 1 of 6 Item # 22 Attachment number 3 \nPage 2 of 6 Item # 22 Attachment number 3 \nPage 3 of 6 Item # 22 Attachment number 3 \nPage 4 of 6 Item # 22 Attachment number 3 \nPage 5 of 6 Item # 22 Attachment number 3 \nPage 6 of 6 Item # 22 Commission Meeting Agenda 11/1/2011 5:00 PM House of Prayer Christian Church and Gethsemane Baptist Church Department:Clerk of Commission Caption:Motion to approve a request from House of Prayer Christian Church regarding a refund of pro-rated taxes paid in accordance with the Commission action on October 4, 2011 in the amount of $4,261.42 .(Approved by Finance Committee October 24, 2011) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 23 Attachment number 1 \nPage 1 of 2 Item # 23 Attachment number 1 \nPage 2 of 2 Item # 23 Commission Meeting Agenda 11/1/2011 5:00 PM Increase Drivers License Bureau budget Department:Drivers License Bureau Caption:Motion to approve an increase in the electricity budget for the Drivers License Bureau. (Approved by Finance Committee October 24, 2011) Background:Drivers License Bureau is located at 3423 Mike Padgett Hwy, the county owns the building and we pay for electricity and pest control. Analysis:Need to increase electricity budget. Financial Impact:General Fund Contingency balance is 419,400, recommend moving 7,000 and increasing Drivers License Bureau budget. Alternatives:none Recommendation:Approve increase. Funds are Available in the Following Accounts: Funds available in 101101110/6011110. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 24 Commission Meeting Agenda 11/1/2011 5:00 PM Parking Deck Agreement and Conference Center Parking Lease Department:Administrator Caption:Motion to approve an additional 60-day extension of the Reynolds Street Parking Deck Management Agreement and the Conference Center Parking Lease. (Approved by Finance Committee October 24, 2011) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 1 \nPage 1 of 22 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 1 \nPage 2 of 22 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 1 \nPage 3 of 22 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 1 \nPage 4 of 22 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 1 \nPage 5 of 22 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 1 \nPage 6 of 22 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 1 \nPage 7 of 22 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 1 \nPage 8 of 22 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 1 \nPage 9 of 22 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 1 \nPage 10 of 22 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 1 \nPage 11 of 22 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 1 \nPage 12 of 22 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 1 \nPage 13 of 22 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 1 \nPage 14 of 22 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 1 \nPage 15 of 22 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 1 \nPage 16 of 22 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 1 \nPage 17 of 22 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 1 \nPage 18 of 22 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 1 \nPage 19 of 22 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 1 \nPage 20 of 22 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 1 \nPage 21 of 22 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 1 \nPage 22 of 22 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 2 \nPage 1 of 14 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 2 \nPage 2 of 14 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 2 \nPage 3 of 14 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 2 \nPage 4 of 14 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 2 \nPage 5 of 14 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 2 \nPage 6 of 14 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 2 \nPage 7 of 14 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 2 \nPage 8 of 14 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 2 \nPage 9 of 14 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 2 \nPage 10 of 14 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 2 \nPage 11 of 14 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 2 \nPage 12 of 14 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 2 \nPage 13 of 14 Item # 25 Nee v i a D o c u m e n t C o n v e r t e r P r o v 6 . 1 Attachment number 2 \nPage 14 of 14 Item # 25 Commission Meeting Agenda 11/1/2011 5:00 PM Refund Request - F. Pramenko 018-0-081-00-0 Department:Board of Assessors Caption:Motion to approve refund for property located at 363 Heath Drive for tax years 2010 and 2009 in the amounts of $3,109.03 and $3,145.75, respectively. Property owner, Fred Pramenko. Refund due to change in property value.(Approved by Finance Committee October 24, 2011) Background:The prior year value changes for 2009 & 2010 on Map/Parcel# 018- 0-081-00-0 was due to a change in land value. The value was adjusted to correct an error and maintain equity and uniformity with the surrounding parcels in this sub neighborhood. This parcel was located in the area of the Augusta National Golf Club. Analysis: Financial Impact: Alternatives: Recommendation:Refund $3,109.03 for tax year 2010; and Refund $3,145.75 for tax year 2009 for property located at 363 Heath Drive, owner Fred Pramenko. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 26 Attachment number 1 \nPage 1 of 5 Item # 26 Attachment number 1 \nPage 2 of 5 Item # 26 Attachment number 1 \nPage 3 of 5 Item # 26 Attachment number 1 \nPage 4 of 5 Item # 26 Attachment number 1 \nPage 5 of 5 Item # 26 Commission Meeting Agenda 11/1/2011 5:00 PM Refund Request -294-0-014-02-0-C. Evans Department:Board of Assessors Caption:Motion to approve refund for tax years 2008, 2009 and 2010 on property located at 2440 Patiller Rd. Property Owner Cedrine Nicole Evans. 2010 refund=$602.84 paid by C. Evans, 2009 refund =$691.68 paid by Shontae Bethel, 2008 refund =$463.43 paid by Virginia Bethel. (Approved by Finance Committee October 24, 2011) Background:Board of Assessors office inadvertently assessed the house on two parcels, the incorrect parcel #294-0-014-03-0 and the correct parcel # 294-0-014-02-0 at the same time for 2008 forward. The house has been removed from the incorrect parcel, 294-0-014-03- 0, and is being assessed correctly on 294-0-014-02-0. Analysis:n/a Financial Impact:2010 tax amount= $602.84; 2009 tax amount=$691.68;and 2008 tax amount=$463.43 for property located at 2440 Patiller Rd., map/parcel # 294-0-014-02-0. Alternatives: Recommendation:Refund 2010 tax amount of $602.84; Refund 2009 tax amount of $691.68;and Refund 2008 tax amount of $463.43 for property located at 2440 Patiller Rd., map/parcel # 294-0-014-02-0. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Cover Memo Item # 27 Law. Administrator. Clerk of Commission Cover Memo Item # 27 Attachment number 1 \nPage 1 of 6 Item # 27 Attachment number 1 \nPage 2 of 6 Item # 27 Attachment number 1 \nPage 3 of 6 Item # 27 Attachment number 1 \nPage 4 of 6 Item # 27 Attachment number 1 \nPage 5 of 6 Item # 27 Attachment number 1 \nPage 6 of 6 Item # 27 Commission Meeting Agenda 11/1/2011 5:00 PM Judicial Center Move - CO 1&2 Department:Recreation, Parks and Facilities - Facilities Management Caption:Motion to approve Change Orders #1 and #2 on PO 190658 to Acme Moving and Storage for moving of court related offices to the new Augusta Judicial Center and John H. Ruffin Courthouse in the amount of $24,057.60 for additional services requested by court officials. The revised PO amount will be $292,432.60. (Approved by Engineering Services Committee October 24, 2011) Background:RFP 10-168 was issued and bid using a specific furniture inventory and estimated number of file boxes and other items to move. As operations began, it became necessary to rent document storage carts for a longer time frame than initially anticipated. Furthermore, court operations elected to relocate more of their electronic filing systems than were initially included in the RFP. Analysis:The additional cart and storages rental was required due to the volume of files that had to be stored while still remaining accessible to the courts. The original building plans were based on a typical floor layout. The actual furnishings and open office systems installed were slightly different than the initial assumption and allowed for the departments to relocate additional existing equipment to increase document storage capacity. Financial Impact:The cost of the Change Orders is $24,057.60 for a revised PO of $292,432.60 funded from SPLOST monies allocated to the Judicial Center. Alternatives:1. Approve Change Orders #1 and #2 on PO 190658 to Acme Moving and Storage for moving of court related offices to the new Augusta Judicial Center and John H Ruffin Courthouse in the amount of $24,057.60 for additional services requested by court officials. The revised PO amount will be $292,432.60. 2. Do not approve Change Orders Recommendation:#1. Approve Change Orders #1 and #2 on PO 190658 to Acme Cover Memo Item # 28 Moving and Storage for moving of court related offices to the new Augusta Judicial Center and John H Ruffin Courthouse in the amount of $24,057.60 for additional services requested by court officials. The revised PO amount will be $292,432.60. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN ACCOUNT: GL 325-05-1120; JL 209-25-1104, Object Code 5413130. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 28 Attachment number 1 \nPage 1 of 6 Item # 28 Attachment number 1 \nPage 2 of 6 Item # 28 Attachment number 1 \nPage 3 of 6 Item # 28 Attachment number 1 \nPage 4 of 6 Item # 28 Attachment number 1 \nPage 5 of 6 Item # 28 Attachment number 1 \nPage 6 of 6 Item # 28 Commission Meeting Agenda 11/1/2011 5:00 PM Windsor Spring Road, Phase V Department:Engineering Department-Abie L. Ladson, PE, CPESC Caption:Motion to approve and accept the Resolution and Agreement (Contract) from the Georgia Department of Transportation (GDOT) for the Acquisition of Right of Way to improve the Windsor Spring Road Section V Project, CPB Change Number Ten (323-041110-299823786). Also, approve to adopt the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and GDOT guidelines for this Project and authorize Augusta, Georgia Mayor to execute this Resolution and Agreement for the Engineering Department. (Approved by Engineering Services Committee October 24, 2011) Background:The Windsor Spring Road Section V Improvement Project was approved by the Augusta, Georgia Commission, and on April 6, 1999, Augusta, Georgia, entered into an agreement with GDOT to accept responsibility for the project preliminary engineering, right-of-way acquisition and utilities relocation. The project improvements include road widening and construction to 4 lanes with a 19’ wide raised median from just south of SR 88 in Hephzibah to Willis Foreman Road. Road improvements also include reconstructing the bridge over Norfolk Southern Railroad. The project is under the design phase and ready for Right-of-Way acquisition. Funding for the right of way is a joint effort between Augusta-Richmond County ($1,100,000) and GDOT (not to exceed $4,236,500). Augusta-Richmond County is responsible for the acquisition of the right of way and GDOT is responsible for the construction cost. The current estimated construction cost is $13,235,553 and the project is currently scheduled for letting in November 2013. Analysis:Execution of this agreement is critical for maintaining project right-of-way acquisition schedule and to receive aforementioned federal funds as programmed by the GDOT. The estimated cost for right-of-way acquisition is $5,550,000. Augusta Engineering Department (AED) has identified $1,100,000 for this purpose and has been working with GDOT and the Augusta Metropolitan Planning Organization (MPO) to find additional needed funds. On May 27, 2011, AED working with the MPO, was able to identify Cover Memo Item # 29 funding from GDOT to assist with the acquisition of the right of way. $4,500,000 is included in the MPO Transportation Improvement Plan (TIP) which is going through the approval process now. TIP has been approved at local level and approval by the state of Georgia and Federal Highway Administration is expected in the fall of 2011. These funds should become available in GDOT fiscal year 2012 (7/1/11 – 6/30/12). Financial Impact:AED has funds available in the project Right-of-Way account in an amount of $847,000 (CPB # 323-041110- 5411120/299823786). Funds are also available in the Windsor Spring Road Section IV right of way account, (CPB # 323- 041110- 5411120/299823766) in the amount of $253,000 to be transferred to the Windsor Spring Road Section V right of way account upon Commission approval of this agreement. These funds will also be used for hiring the appraisers to appraise the parcels, and using legal counsel to close all parcels. Alternatives:1) Approve and Accept the Resolution and Agreement (Contract) from the Georgia Department of Transportation (GDOT) for the Acquisition of Right of Way to improve the Windsor Spring Road Section V Project, CPB Change Number Ten 323-041110- 299823786. Also, Approve to Adopt the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and GDOT guidelines for this Project and Authorize Augusta, Georgia Mayor to Execute this Resolution and Agreement for the Engineering Department. 2) Do not approve and delay the construction and improvements on a major transportation corridor that is vital to Augusta-Richmond County and also loose designated state and Federal funding. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: 323-041110-5411120/299823766 & 323-041110- 5411120/299823786 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 29 Attachment number 1 \nPage 1 of 18 Item # 29 Attachment number 1 \nPage 2 of 18 Item # 29 Attachment number 1 \nPage 3 of 18 Item # 29 Attachment number 1 \nPage 4 of 18 Item # 29 Attachment number 1 \nPage 5 of 18 Item # 29 Attachment number 1 \nPage 6 of 18 Item # 29 Attachment number 1 \nPage 7 of 18 Item # 29 Attachment number 1 \nPage 8 of 18 Item # 29 Attachment number 1 \nPage 9 of 18 Item # 29 Attachment number 1 \nPage 10 of 18 Item # 29 Attachment number 1 \nPage 11 of 18 Item # 29 Attachment number 1 \nPage 12 of 18 Item # 29 Attachment number 1 \nPage 13 of 18 Item # 29 Attachment number 1 \nPage 14 of 18 Item # 29 Attachment number 1 \nPage 15 of 18 Item # 29 Attachment number 1 \nPage 16 of 18 Item # 29 Attachment number 1 \nPage 17 of 18 Item # 29 Attachment number 1 \nPage 18 of 18 Item # 29 Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: This project is authorized to CPB#323-041110-299823766 and Change Number Ten. The funding for this project in the amount of $253,000 is needed for the Resolution and Agreement Contract from GDOT for the Acquisition of Right of Way to improve the Windsor Spring Road, Section V project. Approve to adopt the Uniform Relocation Assistane and Real Property Acquisition Policies Act of 1970 and GDOT guidelines for this project . The funding will be transferred to Section V of the project Right of Way account. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Special 1% Sales Tax, Phase III 1,560,500$ Special 1% Sales Tax, Phase IV 600,000$ 2,160,500$ Section 3: The following amounts are appropriated for the project: By Basin By District 4th, 6th, & 8th 2,160,500$ Section 4: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department Honorable, Deke Copenhaver, Mayor CPB#323-041110-299823766 CAPITAL PROJECT BUDGET WINDSOR SPRING ROAD IMPROVEMENTS, SECTION IV (WILLIS FOREMAN RD TO TOBACCO RD) CHANGE NUMBER TEN McBean/Spirit Crk $ 2,160,500 Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks 1 of 2 10/3/2011 Attachment number 2 \nPage 1 of 2 Item # 29 Augusta-Richmond County, Georgia CPB#323-041110-299823766 CAPITAL PROJECT BUDGET WINDSOR SPRING ROAD IMPROVEMENTS, SECTION IV (WILLIS FOREMAN RD TO TOBACCO RD) CHANGE NUMBER TEN CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB CHANGE CPB SALES TAX, PHASE III 323041110-000000-299823766 ($1,000)($1,000) SALES TAX, PHASE III 323041110-000000-299823766 ($1,559,500)($1,559,500) SPECIAL 1% SALES TAX, PHASE IV 324041110-000000-202824766 ($600,000)($600,000) TOTAL SOURCES: ($2,160,500) ($2,160,500) USE OF FUNDS ADVERTISING 323041110-5233119-299823766 $1,000 $1,000 ENGINEERING 323041110-5212115-299823766 $1,248,639 $1,248,639 RIGHT OF WAY 323041110-5411120-299823766 $851,361 ($253,000)$598,361 (transferred to Section V 299823786) UTILITIES 323041110-5414510-299823766 $50,000 $50,000 SIGNAL 323041110-5414610-299823766 $5,000 $5,000 CONTINGENCY 323041110-6011110-299823766 $4,500 $4,500 TOTAL USES: $2,160,500 $1,907,500 2 of 2 10/3/2011 Attachment number 2 \nPage 2 of 2 Item # 29 Commission Meeting Agenda 11/1/2011 5:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held October 18, 2011 and Special Called Meeting (Legal) held October 24, 2011. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 30 Commission Meeting Agenda 11/1/2011 5:00 PM Affidavit Department:Clerk of Commission Caption:Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 31