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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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:
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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:
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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:
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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:
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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
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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
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Attachment number 5 \nPage 1 of 2
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Attachment number 5 \nPage 2 of 2
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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
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#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
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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
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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
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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
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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
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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
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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