HomeMy WebLinkAbout2011-12-06-Meeting Agenda
Commission Meeting Agenda
Commission Chamber
12/6/2011
5:00 PM
INVOCATION: Rev. Robert Fain, Pastor, Church of the Good Shepard.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
Five (5) minute time limit per delegation
DELEGATIONS
A. Mr. Tommy A. Lee RE: "Save Our Lakes Now" (Rescheduled from
the November 15, 2011 meeting)
Attachments
CONSENT AGENDA
(Items 1-19)
PLANNING
1. ZA-R-210 – A request for concurrence with the Augusta Planning
Commission to approve a petition to amend the Comprehensive Zoning
Ordinance for Augusta, Georgia by deleting Section 28 (Signs) and
replacing it with a revised Section 28. (Approved by the Commission
November 15, 2011 - second reading
Attachments
PUBLIC SERVICES
2. Motion to approve New Application: A. N. 11 - 53: request by
Sandipkumar Patel for a retail package Liquor & Wine license to be
used in connection with Om World, Inc. located at 3696 A Peach
Orchard Rd. District 6. Super District 10. (Approved by Public
Services Committee November 28, 2011)
Attachments
3. Motion to approve New Application: A. N. 11 - 56: request by Sae Shin Attachments
for an on premise consumption Liquor license to be used in connection
with Blue Sky Kitchen located at 990 Broad St. District 1. Super District
9.(Approved by Public Services Committee November 28, 2011)
4. Motion to approve the Food Service Contract for the Nutrition
Program with G.A. Food Service, Inc. (Approved by Public Services
Committee November 28, 2011)
Attachments
5. Motion to approve MOU between Augusta, Georgia and the Augusta
Convention and Visitors Bureau regarding the Garden City Improvement
Fund for Saint Sebastian Way Landscape Improvements. (Approved by
Public Services Committee November 28, 2011)
Attachments
ADMINISTRATIVE SERVICES
6. Motion to approve the Director of the Housing and Community
Development Department to authorize staff to have access to the
HUD Integrated Disbursement Information System (IDIS) and to be
designated as the certifying official for all HUD environmental review
matters. (Approved by Administrative Services Committee
November 28, 2011)
Attachments
7. Motion to approve a $200,000.00 grant for the initial planning and
design of the Lucy Craft Laney Wellness Center. Funding will be
provided by the Department of Housing and Urban Development (HUD)
through their Economic Development Initiative (EDI). (Approved by
Administrative Services Committee November 28, 2011)
Attachments
8. Motion to approve an Ordinance to Amend the Augusta, GA Code Title
One Article Four Section 1-7-51 Relating to the Adoption of Personnel
Policies and Procedures of Augusta, Georgia; To approve edits to the
Personnel Policies and Procedures Manual; 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. This
Code amendment does not address changes to the employee disciplinary
appeals process nor changes with respect to the authority of the
Administrator. (Approved by the Commission November 28, 2011 -
second reading)
Attachments
FINANCE
9. Motion to approve resolution creating the Doug Barnard - Dixon Airline
Redevelopment Area and Tax Allocation District Number Three - Doug
Barnard-Dixon Airline East Augusta; designating the boundaries of the
Redevelopment Area and Tax Allocation District; establishing the tax
allocation increment base for the Tax Allocation District; adopting a
redevelopment plan for the area; reserving the ability to issue and sell tax
allocation bonds or obtain other financing necessary to effectuate the
redevelopment of the area; authorizing the Augusta Richmond County
Commission to act as the Redevelopment Agency to implement the
Redevelopment Plan pursuant to the Redevelopment Powers Law; and
for other purposes. (Approved by Finance Committee November 28,
2011)
Attachments
ENGINEERING SERVICES
10. Motion to approve the donation of TPN 183-0-111-00-0 (aka 1768
Tamarind Way) containing 10.80 acres to the City of Augusta for its
Greenspace Program and TPN 183-1-083-00-0 (aka 2002 Pondcypress
Court) containing 0.20 acres to the City of Augusta to be combined with
TPN 183-0-075-00-0, which is currently a detention pond owned by the
City of Augusta. The property being donated is currently in the
ownership of Jutco, Inc. (Approved by Engineering Services
Committee November 28, 2011)
Attachments
11. Motion to award change order to construction contract with L-J, Inc. in
the amount of $20,849.42 regarding the installation of new sanitary
sewer and storm water mains in the 1200 Block of Broad Street.
(Approved by Engineering Services Committee November 28, 2011)
Attachments
12. Motion to approve and authorize the Engineering Department to 1)
Accept and receive federal financial assistance through Section 319
FY11Water Quality grant program; 2) Submit similar future grant
application when it becomes available, and 3) Partner with Southeastern
National Science Academy (Phinizy Swamp Nature Park) for Public
Outreach and Watershed Restoration Activities. Also, grant authorization
permitting Augusta, GA’s Mayor the right to sign of all documentation.
(Approved by Engineering Services Committee November 28, 2011)
Attachments
13. Motion to approve Change Number Two and Supplemental Agreement
Two (CPB #325-041120-209825201) in the amount of $38,038.00 for
the Marks Church Road Reconstruction project to W. R .Toole
Engineers, Inc. Funding is available in the project account for the
Engineering Department. (Approved by Engineering Services
Committee November 28, 2011)
Attachments
14. Motion to approve mowing and maintenance agreement, encroachment
permit, and indemnity form between Augusta, Georgia and Georgia DOT
for fencing off an area under the Calhoun Expressway overpass adjacent
to the canal between 15th and 13th Street. (Approved by Engineering
Services Committee November 28, 2011)
Attachments
15. Motion to approve the placement of a 30” tall bronze casting of fire gear
on a 24” wide x 16” wide x 36” tall black granite on a 36” x 36” deep
greystone blue base to honor all past, present and future members of the
Augusta Fire Dept.at the Hero's Overlook on Riverwalk. (Approved by
Engineering Services Committee November 28, 2011)
Attachments
16. Motion to approve the naming of the bridge at 5th and 7th in honor of
the late Major General Robert E. Gray. (Approved by Engineering
Services Committee November 28, 2011)
Attachments
17. Motion to approve the adoption of the revised Draft Hazard Mitigation
Plan for Augusta, GA. (Approved by Engineering Services Committee
November 28, 2011)
Attachments
18. Motion to approve the deed of dedication, maintenance agreement, and
road resolutions submitted by the Engineering Department for
Willhaven, Phase II, Section II. (Approved by Engineering Services
Committee November 28, 2011)
Attachments
PETITIONS AND COMMUNICATIONS
19. Motion to approve the minutes of the regular meeting of the
Commission held November 15, 2011 and Special Called Meetings
(regular and legal) held on November 28, 2011.
Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
12/6/2011
AUGUSTA COMMISSION
REGULAR AGENDA
12/6/2011
(Items 20-25)
PUBLIC SERVICES
20. Motion to approve New Application: A. N. 11 - 55: A request by Eula
O. Stone for an on premise consumption Liquor, Beer & Wine license
to be used in connection with The "O" Lounge located at 2417
Milledgeville Rd. There will be Dance. District 5. Super District 9. (No
recommendation from Public Services Committee November 28,
2011)
Attachments
SUBCOMMITTEE
Ad Hoc Redistricting Committee
21. Motion to approve a Resolution adopting the recommendation of the Ad
Hoc Redistricting Committee for the redistricting of Commission
Districts for Augusta, Georgia. (Requested by Commissioners
Alvin Mason and Jerry Brigham)
Attachments
ATTORNEY
22. Approve a resolution authorizing settlement of Allstate Subrogation
Claim Number 0206930018 SRT in the aggregate amount of Three
Thousand, Six Hundred, Sixty-Seven and Forty Cents ($3,667.40).
Attachments
23. Approve a resolution authorizing settlement of Allstate Subrogation
Claim Number 0206929977 SRT in the aggregate amount of One
Thousand, Two Hundred, Fifty-Six and Thirty-Three Cents ($1,256.33).
Attachments
Upcoming Meetings
www.augustaga.gov
24. Resolution authorizing the settlement of all claims by Christopher Sean
Kersey in the amount of one hundred fifty thousand dollars ($150,000);
authorizing the Administrator to disburse the amount one hundred fifty
thousand dollars ($150,000); waiving Augusta, Georgia Code of
Ordinances sections in conflict for this instance only; and for other
purposes.
Attachments
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
25. Motion to authorize execution by the Mayor of the affidavit of
compliance with Georgia's Open Meeting Act.
Commission Meeting Agenda
12/6/2011 5:00 PM
Invocation
Department:
Caption:Rev. Robert Fain, Pastor, Church of the Good Shepard.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 1
Commission Meeting Agenda
12/6/2011 5:00 PM
Tommy Lee
Department:
Caption:Mr. Tommy A. Lee RE: "Save Our Lakes Now" (Rescheduled
from the November 15, 2011 meeting)
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 2
Item # 2
Attachment number 1 \nPage 2 of 2
Item # 2
Commission Meeting Agenda
12/6/2011 5:00 PM
ZA-R-210
Department:Planning Commission
Caption: ZA-R-210 – A request for concurrence with the Augusta Planning
Commission to approve a petition to amend the Comprehensive
Zoning Ordinance for Augusta, Georgia by deleting Section 28
(Signs) and replacing it with a revised Section 28. (Approved by
the Commission November 15, 2011 - second reading
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 3
SECTIO 28-B
SIGS
28-B-1 PURPOSE AD FIDIGS. The purpose of this Section is to provide fair and
comprehensive regulations that will promote safety by eliminating confusing, distracting and
unsafe signs; assure the opportunity for businesses to advertise in an efficient and cost-effective
manner; and enhance the physical appearance, natural beauty and historical significance of
Augusta. It is declared that the regulation of signs within Augusta is necessary and in the public
interest:
A. PURPOSE – This article is enacted for the following purposes:
1. To promote traffic safety and protect the general public from damage and injury caused,
or partially attributable to, the distractions or obstructions impairing motorists' ability to
see pedestrians, other vehicles, obstacles or traffic signs which are caused by improperly
designed or situated signs;
2. To protect property values within Augusta;
3. To promote and aid in the tourist industry which is declared to be of importance to the
economy of Augusta;
4. To provide a pleasing overall environmental setting and community appearance which is
deemed vital to tourism and to the continued economic attractiveness of Augusta;
5. To protect the right of citizens to enjoy Augusta's natural scenic beauty;
6. To improve the legibility and effectiveness of commercial and governmental signs; and
7. To preserve and promote the public health, safety and welfare in the City.
8. To enhance the aesthetics of the community.
B. FINDINGS:
1. The City finds that signs are a proper use of private property, are a means of personal free
expression and a necessary component of a commercial environment. As such, signs are
entitled to the protection of the law. In the absence of regulation, however, the number of
such signs tends to proliferate, with property owner’s desiring ever increasing numbers
and sizes of signs, leading to cluttered blighted thoroughfares, in addition, the
competition among competing sign owners for visibility of their signs contribute to safety
hazards for both vehicles and pedestrians and undermines the sign owner’s original
purpose of presenting a clear message of its idea or identification of its premises.
2. The City further finds that the regulation of the size, height, number and spacing of signs
is necessary to protect the public safety, to assure compatibility of signs with surrounding
land uses, to enhance the business and economy of the City to protect, to protect the
public investment in the streets and highways, to maintain the tranquil environment of
residential areas, to promote industry and commerce, to eliminate visual clutter and
blight, to provide and aesthetically appealing environment and to provide for the orderly
and reasonable display of signs for the benefit of all the City’s citizens.
3. The City further finds that there is a substantial difference between signs erected by
public authority and signs erected by private citizens or businesses. Signs erected by
Attachment number 1 \nPage 1 of 16
Item # 3
pubic authority are virtually all erected for the purpose of maintaining the public safety
either through direct control of traffic or through provision of such type signage as street
signs which enable the traveling public to know where they are located and to find where
they are going. As such, with the exception of signs identifying government buildings,
virtually all government signs are erected purely for public safety purposes. Moreover,
their use in public right-of-way is necessary to ensure their visibility to the motoring
public. The City finds that public utility signs are frequently of the same nature as those
signs erected by government entities in that they provide necessary information to
safeguard the public from downed power lines and from street excavations. Even where
signs serve a propriety purpose, such as identifying markings on utility poles, those signs
are marked primarily for the purpose of benefiting the public generally through
identification of locations where there may be temporary losses of power.
4. The City further finds that some signage has a single targeted function and that
identification of such signage by description is impossible without referring to its
function. For instance, address numerals are used for the sole purpose of locating
addresses, which is of benefit to persons looking for those addresses and is essential to
public safety personnel responding to emergencies. Subdivision signs at the entrances to
subdivisions favor a similar purpose in enabling both the traveling public and emergency
personnel to quickly locate subdivision entrances for the purpose of either visitation or
responding to emergency calls. While such signage is often referenced based upon the
function it serves within the context of this ordinance, whenever, possible it is the intent
of this ordinance to refer to signs unrelated to the content of speech provided and to allow
maximum expressive potential to sign owners.
2 DEFIITIOS. For the purpose of this Section the following definitions will be used:
Banner. A sign or outside advertising display bearing the characters, letters, illustrations,
ornamentations, symbols, colors, or visual representations applied to cloth, paper, vinyl,
fiber, plastic, or like malleable material with or without frame. The term "banner" shall
include flags, pennants, life rafts, t-shirts, towels, ribbons, spinners, streamers, kites,
balloons, tethered hot air balloons, inflatable devices, and similar objects, or any other
material or outside advertising display whether stationary or fastened in such a manner as to
move upon being subjected to movement of the atmosphere or any mechanical device. A
banner may or may not have lettering or other specific identification or advertising
information or graphics.
Billboard – A sign, single face, double face, or v-type, contains over two hundred ninety-nine
(299) square feet in area.
Commercial - DELETE
Flag, Official. A flag of the United State of America, or a flag of the State of Georgia or other
governmental entity, or a flag officially adopted by the person, institution, organization, or
corporation occupying a property.
Message Board or Reader Board. A sign or portion of a sign on which the message or copy
changes automatically on a lamp bank or through mechanical means. Also known as Commercial
Electronic Variable Message Sign.
Non Commercial DELETE
Attachment number 1 \nPage 2 of 16
Item # 3
Reader Board or Message Board. A sign or portion of a sign on which the message or copy
changes automatically on a lamp bank or through mechanical means. Also known as a
Commercial Electronic Variable Message Sign.
Sign – A sign, single face, double face, or v-type, which directs attention to one or more
businesses, commodities, services, or entertainments.
Sign, Abandoned. A sign which was properly permitted and erected on property in conjunction
with a particular use which use has been discontinued for a period of 30 days or more; or a
permitted temporary sign for which the permit has expired.
Sign, Awning. A sign located on an awning, which is a roof-like cover providing protection
from the weather placed over or extending from or above any window, door or other entrance
to a building.
Sign, Building Mounted. A sign painted onto or attached to a building, canopy, awning,
marquee or mechanical equipment located outside a building.
Sign, Canopy. A sign located on a canopy, which is a permanent roof-like structure providing
protection against the weather whether attached to or detached from a building.
Sign Enforcement Officer. An employee of the Augusta Planning and Development Department
who is responsible for enforcement of the provisions of this Section and is empowered to
issue citations, remove certain illegal signs, and take other actions consistent with this
Section.
Sign, Freestanding. A sign supported by a structure secured in the ground and which is wholly
independent of any building, fence, vehicle, or other support.
Sign, Mansard. A sign attached to the mansard section of a roof, which is the lower, mostly
vertical portion of a roof with two pitches, including a flat topped roof with a mansard
portion.
Sign, Marquee. A sign attached to a marquee, which is a permanent roof-like structure
projecting from and beyond a building wall at an entrance to a building or extending along
and projecting beyond the building's wall and generally designed and constructed to provide
protection against the weather.
Sign, Monument. A freestanding sign which is mounted on or supported by a structure which is
not a simple pole, pylon, or beam system.
Sign, Non Conforming. A sign which was in existence and was constructed in compliance with
the terms of any prior Ordinance but does not conform to the provisions of this Section.
· Sign, Off-Premises. DELETE
· Sign, On-Premises. DELETE
· Sign, Pole (or Pylon) Mounted. A freestanding sign which is mounted on or supported by a
simple pole, pylon, or beam system.
Sign, Political. A sign erected for the purpose of advertising a candidate or stating a position
regarding an issue upon which the voters of the city shall vote.
Sign, Portable. A sign which is designed to be transportable (with wheels; designed to be
transported by trailer or wheels; mounted on a vehicle for advertising purposes, parked and
visible from the public right-of-way – except for normal business vehicles) and utilized at
different locations and is not permanently affixed to the ground or to a building.
· Sign, Projecting. A sign attached to a building, canopy, awning or marquee and projecting
outward therefrom in any direction a distance of two feet or more.
Attachment number 1 \nPage 3 of 16
Item # 3
Sign Surface Area. A measurement of the portion of a sign consisting of the actual copy,
advertisement, or area devoted to identification or proclamation within the periphery of the
smallest circle, triangle, rectangle, a combination of the foregoing. The sign surface area
shall include any background material, trim, color, or other visual representations which
attracts attention or are used to differentiate a sign from a building, structure, backdrop
surface, or object upon which the sign is placed. Sign surface area shall not include the sign
structures if no message, symbol, or any of the aforementioned sign face criteria are
displayed on or designed as part of the sign structure. Sign surface area is the combined
surface area of all signs on a lot; excluding the area of one face of all double-faced signs.
Double-faced sign means a sign which has two display areas where one face is designed to be
seen from one direction and the other face from another direction.
Sign, Temporary. A sign or advertising display constructed of cloth, canvas, fabric, paper,
plywood, sheet metal, or another light material which is designed to be used only
temporarily, and which is not permanently mounted. Included in this category are banners,
portable signs, retailers signs temporarily displayed such as special sale signs, special event
signs, special product or service promotional signs, and similar signs.
Sign, Traffic Directional A sign consisting of a simple message such as "in", "out", "parking" or
something similar and an arrow, logo, but nothing more erected solely for the purpose of
vehicular or pedestrian traffic direction or safety. Such sign shall have no advertising words
or phrases.
Sign, Window. Any sign or display which is painted on or applied to or projected upon or within
the interior or exterior of a building glass area, including doors, which can be read from
contiguous property or public right-of-way.
28-B-3 ADMIISTRATIO. Administration of this Section shall be the responsibility of the Augusta
Planning and Development Department. Administration shall consist of (A) application and sign
plan, and (B) sign permit:
A. Application and Sign Plan. A sign permit may be issued upon the submission of an
application and an approved sign plan, and payment of a fee. The application shall be on
a form provided by Augusta, Georgia disclosing the sign owner, property owner, property
occupant, address of the premises where the sign is to be located, together with the size of
the proposed sign and a description of any other signs located on the premises, other
signs for which a permit has been issued and remain outstanding, and for proposed signs
yet to be permitted. In addition, other information shall be provided as indicated on the
form, and other information needed pursuant to Sections 28-B-6 through 28-B-12 shall be
provided.
Every permit application shall be accompanied by a sign plan. A sign plan shall show the
location of all existing, permitted but not erected, and proposed signs, all buildings,
parking facilities, driveways, curbs and right-of-way lines immediately adjacent to the
property. Also, single-family residential structures on adjoining properties shall be
shown. The location of the sign(s) for which the permit applies shall be shown. In
addition, the sign plan shall include drawings of all proposed signs showing dimensions,
elevations, height, setbacks, materials and illumination sources, types, and intensity.
Sign plans shall be scaled drawings with accurate dimensions provided, where
Attachment number 1 \nPage 4 of 16
Item # 3
appropriate, to show conformance to this Section. Sign plans need not be prepared by
licensed professionals, unless required elsewhere in this Section, but a certification of
their accuracy shall be placed upon the plan.
Sign plans shall be approved, approved with conditions, or denied by the Augusta
Planning and Development Department. Action on a sign plan shall be taken within five
working days of submission or it shall be deemed to have been approved. An approved
sign plan, an application, and payment of a fee shall be required to obtain a sign permit.
B. Sign Permit. Except as specified in Subsection 28-B-4 of this Section, a sign permit must
be obtained from the Augusta Planning and Development Department prior to the
erection, installation or material alteration of any sign. As used in the preceding
sentence, material alteration shall mean any change in, a) the height of a sign, b) the
surface area of a sign, c) the location of a sign, d) the supporting structure of a sign, and
e) the illumination of a non-illuminated sign; such terms shall not include routine
maintenance and repair or routine electrical work only. Permits may be obtained from
the Augusta Planning and Development Department. Signs to be located in locally
designated historic districts (Title 7, Chapter 4 of the Augusta, Georgia Code), shall be
approved by the Historic Preservation Commission.
A sign permit shall be accompanied by a decal which shall be affixed to the sign structure
before it is erected. A Permit for a temporary sign shall be accompanied by a decal color
coded to the calendar quarter in which the permit is valid. A decal for a permanent sign
shall be valid and remain affixed to the sign throughout the life of the sign. A sign permit
issued upon the basis of false or misleading information which is material to the
application and granting of a permit, shall be immediately revoked and such sign shall be
removed within 30 days.
28-B-4 EXEMPTIOS. The following are not considered to be signs for the purpose of administering
and enforcing this Ordinance, and permits shall not be required.
A. Official Flags. Except during celebration of officially recognized holidays, only one of
each of the three categories of Official flags may be displayed on a lot. Official flags
shall not exceed sixty (60) square feet in area, nor be located on flagpoles more than forty
(40) feet in height or that exceed the height limitation of the zoning district. Official
flags shall be flown in accordance with protocol established by the Congress of the
United States for the Stars and Stripes, as applicable. Any flag not meeting any one or
more of these conditions will be considered a sign and will be subject to regulation as
such.
B. DELETE
C. Government signs erected pursuant to and in the discharge of any government function.
D. Signs or plates on residential structures or premises bearing the name and/or address of
the occupant; mailboxes, paper boxes, and similar uses customarily associated with
residential structures.
E. Historical markers, monuments or signs as recognized by local, state, or federal
authorities.
Attachment number 1 \nPage 5 of 16
Item # 3
F. Holiday decorations that do not convey a commercial message.
G. Any sign or display which is located completely within an enclosed building and which is
not visible from outside the building or beyond the boundaries of the lot or parcel upon
which it is located.
H. DELETE
I. Standard information sign. A sign with an area of not greater than four (4) square feet,
with a sign face made for short term use (90 days or less), containing no reflecting
elements, flags, or projections and which, when erect, stands at a height not greater than
three (3) feet and is mounted on a stake or metal frame with thickness or diameter not
greater than 1 ½ inches.
J. Political signs when the sign area is 32 square feet or less, provided such signs are related
to a specific local, state, or national election and provided such signs are removed within
ten days after such election. Political signs larger than 32 square feet shall be regulated
as temporary signs per Section 28-B-6.
K. Grave markers, headstones, memorial statues or similar remembrances.
L. Any sign approved by the Augusta Commission and incorporated into a bus shelter or
bench.
M. Address numbers less than six inches in height.
N. Inside faces of scoreboards or walls on athletic fields.
O. A living display on the ground of flowers or other plants which conveys a message.
P. Banners when specifically approved as to size, form, location and duration by the
Augusta Commission.
Q. In B1, B2, LI, and HI zones, on every lot, or in the case of a shopping center or other
multiple occupancy structure, on every building or storefront, one banner not exceeding
(twenty-four) 24 square feet in area mounted flat against the building or projecting no
more than two (2) feet therefrom, which is removed daily upon the close of business.
R. For shopping centers or other multiple occupancy structures, one sandwich board type
sign per business or occupant, not to exceed twelve (12) square feet in area nor five (5)
feet in height, nor less than three (3) feet in height, may be located within (ten) 10 feet of
the building occupied by each business or occupant of such shopping center or similar
structure. Such sign must be removed daily upon the close of business.
S. On a lot which adjoins a public sidewalk where the main building is setback ten feet or
less from the right-of-way line, a sandwich board type sign (not to exceed twelve square
feet in area nor five (5) feet in height, nor be less than three (3) feet in height) placed
within the sidewalk encroachment zone as identified in Section 3-8-ll of the City Code,
shall be exempted. Such signs shall be subject to the permitting requirement set forth in
Code Section 3-8-11. Such signs must be removed from the sidewalk daily after the
close of business.
28-B-5 PROHIBITED SIGS. The following types of signs are prohibited in Augusta, Georgia:
A. Pavement markings or sidewalk markings except those of a customary traffic control
nature or otherwise approved by the City.
B. Signs attached to trees, lampposts, parking meter posts, hydrants, traffic signs, rocks or
other natural features, telephone or utility poles unless specifically approved as to size,
form, location, and duration by the Augusta Commission.
Attachment number 1 \nPage 6 of 16
Item # 3
C. Signs mounted, painted, or otherwise displayed on the roofs of buildings.
D. Banners, except that banners may be used as temporary signs.
E. DELETE
F. DELETE
G. Any private or business sign, except as authorized by Augusta, Georgia, which restricts
or appears to reserve any portion of public right-of-way or any public area for the
exclusive use or private use of an individual, tenant, client, guest, or business.
H. Signs which in any way imitate an official traffic sign or signal, or contains words or
symbols displayed in a manner which might mislead or confuse drivers of vehicles, or
signs which any manner may unduly confuse, distract, or divert the attention of drivers of
vehicles.
I. Signs which use flashing lights, strobe lights, blinking lights, or any type of pulsating or
moving light, except moving message boards or reader boards.
J. Any sign painted on or attached to a vehicle and used as a stationary sign, where said
vehicle is:
1. not titled or displaying a current license tag, or
2. located in a front yard per this Ordinance
K. Any sign which obstructs free ingress to or egress from a required door, window, fire
escape, or other exitway.
28-B-6 TEMPORARY SIGS. One temporary sign per street frontage may be located on a lot, parcel
or tract which is not occupied by a shopping center of similar multiple occupancy structure in a
B1, B2, LI, or HI zone. Except for those signs which are exempted under Section 28-B-4 of this
Ordinance, there shall be no temporary signs within shopping centers or similar multiple
occupancy structures in a B1, B2, LI, or HI zone. A temporary sign that is not exempted by 28-
B-4 may be located on property for a maximum of thirty (30) days per calendar quarter, either
thirty (30) consecutive days or for three (3) ten (10) day periods. A permit shall be acquired for
a temporary sign, and a decal color-coded to the calendar quarter shall be affixed to the
temporary sign before it is erected. The temporary sign shall be removed when the decal expires.
If an applicant chooses to display a sign for three consecutive ten-day periods then such must or
shall be noted on the application for a permit. Using three (3) ten-day periods will require three
inspections. The setbacks and height requirement for permanent signs shall apply to temporary
signs. Temporary signs shall not exceed forty (40) square feet in area (1 side). Temporary signs
shall not be placed or located in parking spaces and shall not be an obstruction for sight distance.
A sign having less than six (6) square feet shall be exempted from permitting and the thirty (30)-
day maximum, but such sign shall be the only temporary sign located on said property.
28-B-7 SIGS I AGRICULTURAL, SIGLE-FAMILY RESIDE TIAL, TWO-FAMILY
RESIDETIAL, AD MULTIPLE-FAMILY RESIDETIAL ZOES (A, R-1, R-2, AD
R3). The following signs shall be the only signs permitted in Agricultural and Residential
zones:
A. Entrance Signs For Approved Subdivisions. One subdivision entrance sign per
entrance is allowed for residential subdivisions. Such signs shall not exceed 24
square feet in area or six (6) feet in height and illuminated only by indirect
incandescent lighting. The location of such sign shall not adversely affect traffic
safety and the location shall be approved by the Traffic Engineer.
Attachment number 1 \nPage 7 of 16
Item # 3
B. Entrance Signs For Apartment or Condominium Complexes With More Than Ten
Units in Two-family and Multiple-family Residential Zones. One sign per street
front. Such sign shall not exceed 24 square feet in area or six (6) feet in height
and illuminated only by indirect incandescent lighting. An illuminated sign must
be located at least 100 feet from the nearest existing single-family home. The
location of such sign shall not adversely affect traffic flow and shall be approved
by the Traffic Engineer.
C. Signs for Uses Permitted by Special Exception in Sections 15-18 and 26. When
located in Agricultural or Residential zones, signs shall be prohibited in
association with the following uses: family day care homes, family personal care
homes, group personal care homes, transitional housing and home occupations.
When located in any other zone, these uses shall conform to the Regulations for
that zoning classification. When located in Agricultural or Residential zones, the
following uses may have one non illuminated sign per street front which shall not
exceed six square feet in area or five feet in height: lodging houses or tourist
houses, fraternity or sorority houses, congregate personal care homes, and adult
day care facilities. When located in any other zone, these uses shall conform to
the Regulations for that zoning classification. The following uses may have one
sign per street front in an Agricultural or a Residential zone; church, private
school, hospital (public or private), cemetery, nursing home, funeral home, inert
landfill, sanitary landfill, or club per Section 26-1. Such signs shall not exceed 24
square feet in area or six (6) feet in height. An illuminated sign must be located at
least 100 feet from the nearest existing single-family home and may be
illuminated only by indirect incandescent lighting. When located in any other
zone these uses shall conform to the Regulations for that zoning classification. All
signs provided for in this Subsection shall be set back a minimum of ten (10) feet
from a public right-of-way line or fifteen (15) feet from any curb or edge of
pavement.
D. Delete
28-B-8 FREESTADIG SIGS I PROFESSIOAL, COMMERCI AL, AD
IDUSTRIAL ZOES .
A. Number of Signs. In P-1, B-1, B-2, LI or HI zones: One freestanding-sign,
excluding billboards, per street frontage (must be oriented toward the street
frontage), plus one for each 300 feet of street frontage or plus one for each ten
(10) businesses in a shopping center or similar multiple occupancy complex.
Freestanding signs, including billboards, on the same property and on the same
street frontage shall be at least 100 feet apart.
B. Sign Surface Area. The maximum freestanding sign surface area in the P-1 zone
is 24 square feet. Signs in the P-1 Zone shall be non-illuminated and shall not be
located within 20 feet of a single-family residential zone nor within 25 feet of the
intersection of the right-of-way lines of intersecting streets. In B-1 zones, the
maximum sign surface area is 100 square feet unless the sign location would be
within 100 feet of a single-family residence or single-family residential zone in
which case the maximum sign surface area shall be 50 square feet. In the Planned
Attachment number 1 \nPage 8 of 16
Item # 3
Development Riverfront Zone (PDR) or National Register or locally designated
historic districts (Title 7, Chapter 4 of the Augusta, Georgia Code), the maximum
sign surface area shall be 35 feet in a B-1 zone. Signs other than billboards that
are located in B-2, LI, or HI zones, the maximum sign surface area is 200 square
feet. If the sign location would be located within 100 feet of a single-family
residence or single-family residential zone, or within the Planned Development
Riverfront Zone (PDR), or the sign would be located in a national register or
locally designated historic district (Title 7, Chapter 4 of the Augusta, Georgia
Code), the sign surface area is limited to a maximum of 50 square feet.
Freestanding signs may be either monument (completely enclosed base) or pylon
(pole) supported. There shall be no limitation on the size of a simple pole or
beam support system. For a monument sign, the supporting structure of the sign
shall not be included in calculating the area of the sign permitted by this
Ordinance; provided, however, that the supporting structure shall not exceed 50%
of the total combined area of the sign and supporting structure.
To encourage design excellence and enhance the aesthetic quality of
development, the minimum freestanding sign surface area set forth above may be
increased in all cases as provided herein. A separate bonus may be granted for
each of the criteria, but in no case may the total bonus exceed 70%. Bonus
provisions shall not apply to billboards or signs that are located within the
Planned Development Riverfront Zone (PDR) or in National Register or locally
designated historic districts (Title 7, Chapter 4 of the Augusta, Georgia Code).
1) 10% bonus when the sign is constructed of solid wood and the design is
compatible with the style, texture, and color scheme of the structure(s) on
the site;
2) 10% bonus when an area around the base of the sign is at least 4 times the
area of the sign surface and the area around the base of the sign is covered
by a landscaped planter;
3) 10% bonus if the sign is unlighted;
4) 45% bonus where a proposed sign would replace an existing sign that is
100% larger than the current Ordinance would permit, where the proposed
sign location would not be within 100 feet of a single family residence or
zone, and where the proposed sign would be the only freestanding sign on
the property;
5) 45% bonus if the lot qualifies for more than 1 freestanding sign but only 1
sign is erected, if the proposed sign location would not be within 100 feet
of a single family residence or zone;
6) 25% bonus if the proposed sign location is more than 100 feet from any
existing or proposed public street or highway right-of-way, the proposed
sign is the only freestanding sign on the property, and the proposed sign
location would not be within 100 feet of a single family residence or zone.
C. Height. In P-1 zones, the maximum height, including structural elements, is six
feet. In B-1 zones, the maximum height, including structural elements, is 20 feet.
In B-2, LI, or HI zones the maximum height, including structural elements, is 30
Attachment number 1 \nPage 9 of 16
Item # 3
feet. The sign's height shall be measured from the elevation of the adjoining road
grade or from the base of the sign, whichever is higher.
D. DELETE
E. Setback. No part of any freestanding sign may be closer than ten feet from any
public right-of-way line or fifteen feet from any curb or edge of pavement
whichever is greater. No freestanding sign may be located closer than 50 feet
from a single-family residence or an R-zone boundary nor within 10 feet of any
property line. No sign shall be located so as to inhibit the visibility of motorists
entering or leaving a public road.
F. Clearance. Adequate sign clearance shall be provided to assure that vehicular
and pedestrian traffic movements are not adversely affected. Minimum clearance
of pole mounted signs shall be no less than 10 feet above pedestrian ways and not
less than 15 feet above areas utilized by motor vehicles.
G. Traffic Directional Signs. The area, height, and setback limitations at Sections
28-B-8-B to 28-B-8-E shall not apply to on-site entrance, exit, or other traffic
directional signs, provided that no such directional sign shall exceed 30 inches in
height nor more than 4 square feet in area. There shall not be more than two
traffic directional signs per driveway entering or exiting the street frontage. Such
signs shall be set back at least 10 feet from any street curb or edge of pavement
but not on any public right-of-way.
H. Message Boards and Reader Boards. Shall be permitted in B-1, B-2, LI and HI
zones. They shall count toward the maximum permitted freestanding signage set
forth in Sections 28-B-8-B and 28-B-8-D.
I. Freestanding Outdoor Drive Through Menu Boards. If not visible from a street
right-of-way, menu boards shall not count toward the total freestanding signage
permitted. If visible from a street right-of-way, then such signs will be considered
to be regulated freestanding signs.
J. Illumination. Freestanding signs in P-1 zones shall be non illuminated. In B-1,
B-2, LI and HI zones, signs on the same side of a street or across a street from a
single-family residence which is within 100 feet of the proposed sign location
shall be non illuminated. Otherwise, signs in B-1, B-2, LI and HI zones may be
illuminated. To the extent possible, illumination shall be oriented away from
residential areas.
K. Code Conformance. All signs for which a building permit is required shall be
constructed and maintained in conformance with City building and electrical
codes. Plans for all freestanding signs 30 feet or higher, or greater than 150
square feet, shall be certified as to conformance with all structural and wind-load
resistive standards of the Building Code by a structural engineer registered in the
State of Georgia, or be prepared using standard drawings prepared by a structural
engineer or other qualified professional meeting or exceeding all requirements of
the Building Code. Freestanding signage that does not require an engineer's seal
must include supporting foundation calculations. All freestanding signage
requires a foundation inspection. Neon exposed or attached to a structure requires
a final inspection. All signage must have a disconnect switch located at the
signage. All signs involving internal lights or other electrical devices or circuits
shall display a label certifying that all equipment or products are approved by
Attachment number 1 \nPage 10 of 16
Item # 3
one of the organizations currently recognized by OSHA as “ationally
Recognized Testing laboratories (RTL)’. All signs, together with their supports,
braces, guys and anchors, shall be kept in good repair and, unless constructed of
galvanized or non-corroding metal, shall be given a protective coating as
necessary to maintain a clean appearance and safe condition.
28-B-9 BUILDIG MOUTED SIGS I PROFESSIOAL, COMM ERCIAL, AD
IDUSTRIAL ZOES.
A. Number and area of signs permitted. In Professional zones, there may be only
one building attached sign per street frontage per building, or in the case of
attached buildings, shopping centers, or other multiple occupancy complexes, one
building attached sign per individual front facade. The area of such signs shall
not exceed 12 square feet. Building mounted signs shall not extend above the
roofline of the portion of the building where they are mounted.
In commercial or industrial zones, the number of building attached signs shall not
be limited. The maximum area in B-1 (Neighborhood Business) zones shall be
one square foot of sign surface area per linear foot of building width parallel to
the street, or in the case of attached buildings, shopping centers or other multiple
occupancy complexes, per individual front facade. In B-2 (General Business)
zones, LI (Light Industrial) zones, and HI (Heavy Industrial Zones) the maximum
area shall be 2 square feet of sign surface area per linear foot of building width.
If any premises is entitled to use freestanding signs pursuant to Section 28-B-8
but chooses not to do so and signs an agreement waiving all rights to future
freestanding signs, then the maximum permitted building mounted signs surface
area may be increased by 25 percent. This bonus provision may only be applied
to attached buildings, shopping centers, and other multiple occupancy complexes
if there is no freestanding sign on the entire property, and an agreement is
executed whereby future freestanding sign rights would be waived on the entire
property.
Building attached signage in B-2, LI, and HI zones may only be placed upon the
front of a building facing the street upon which the area calculation is based.
B. Canopy, Marquee, Mansard, and Awning Mounted Signs. Building mounted
signs may be placed flat against a building or on canopies, marquees, or mansard
portions of roofs. Regardless of where such signs are located they shall be
counted toward the maximum building mounted sign surface area that may be
placed on the facade upon which such signs are located or project from. Such
signs shall be affixed flat to the surface of a canopy, marquee, or mansard or
project no more than three inches therefrom, and they shall not extend vertically
above a canopy, marquee, or mansard. Awning signs must be painted or printed
directly on the awning and they shall also count toward the maximum building
mounted sign surface area that may be placed on the facade upon which they are
located or project from.
Attachment number 1 \nPage 11 of 16
Item # 3
C. Projecting Signs. Building attached signage may not project more than two feet
from the building wall upon which it is attached except for canopy, marquee, or
awning mounted signs.
D. Window Signs. Window signs shall not be permitted in Professional zones. In B-
1, B-2, LI, and HI zones, window signs may be permitted, but they may not
occupy more than 20 percent of the area of any window. In the Planned
Development Riverfront Zone (PDR) or National Register or locally designated
historic districts (Title 7, Chapter 4 of the Augusta, Georgia Code), no more than
two windows in any structure may be used for signs.
E. Illumination. Building mounted signs in P-1 zones shall be non-illuminated. In
B-1, B-2, LI, and HI zones, signs on the same side of a street or across a street
from a single-family residence which is within 100 feet of the proposed sign
location shall be non illuminated. Otherwise, signs in B-1, B-2, LI, and HI zones
may be illuminated.
F. Code Conformance. All signs for which a building permit is required shall be
conducted and maintained in conformance with City building and electrical codes.
All neon applications shall require a final inspection. All signage shall have a
disconnect switch located on the signage. All signs involving illumination or
other electrical devices or circuits shall display a label certifying it as meeting
standards of the Underwriters Laboratories. All signs shall be kept in good repair.
28-B-10 BILLBOARDS
A. Location. Billboards may be located only in B-2 (General Business), LI (Light
Industrial), or HI (Heavy Industrial) zones in accordance with other provisions of this
Section, except in areas and sites which would not be consistent with the desired
overall character of the City and the information needs of tourists, businesses, and
residents. Billboards are prohibited within the following areas and sites:
· Washington Road from the Calhoun Expressway to River Ridge Road, 1000 feet
from the right-of-way line;
· Calhoun Expressway, 1000 feet from the right-of-way line;
· Gordon Highway from Bobby Jones Expressway to 1000 feet past Gate 1 at Fort
Gordon (at Dyess Parkway), 1000 feet from the right-of-way line;
· Doug Barnard Parkway from Gordon Highway to 1000 feet past Tobacco Road,
1000 feet from the right-of-way line;
· Bobby Jones Expressway from Doug Barnard Parkway to the Savannah River,
1000 feet from the right-of-way line;
· Jimmy Dyess Parkway, 1000 feet from the right-of-way line;
· Riverwatch Parkway, 1000 feet from the right-of-way line;
· Berckman Road from Rae's Creek to Washington Road, 500 feet from the right-
of-way line;
· Wheeler Road from Bransford Road to Columbia County, 1000 feet from the
right-of-way line;
· Jackson Road from Wrightsboro Road to Wheeler Road, 1000 feet from the right-
of-way line;
· Walton Way Extension from Wheeler Road to Pleasant Home Road, 1000 feet
from the right-of-way line;
Attachment number 1 \nPage 12 of 16
Item # 3
· Davis Road from Pleasant Home Road to Columbia County, 1000 feet from the
right-of-way line;
· Pleasant Home Road from Washington Road to Walton Way Extension, 1000 feet
from the right-of-way line;
· Wrightsboro Road from Barton Chapel Road to Columbia County, 1000 feet from
the right-of-way line;
· Windsor Spring Road from old Louisville Road to Hephzibah City limits, 1000
feet from the right-of-way line;
· Tobacco Road, 1000 feet from the right-of-way line;
· All national register historic districts and all locally designated historic districts
under Title 7, Chapter 4 of the Augusta-Richmond County Code.
· The Planned Development Riverfront District (Sec. 25 - A)
· St. Sebastian Way from Walton Way to Reynolds Street, 500 feet from the right-
of-way line.
· Other areas and sites which may be designated by amendment to the text of this
Ordinance.
B. Separation from single-family residential zone boundaries or uses. Billboards shall
not be located within 100 feet of any single-family residential zone boundary or the
property line of a parcel occupied by a single-family residence.
C. Setback. The setback requirements for billboards shall be the same as the setback
requirements for principal structures.
D. Spacing between billboards. There shall be no more than one (1) billboard for each
seven hundred and fifty (750) feet of frontage on each side of any roadway. Any
billboards located within five hundred (500) feet of the right-of-way line of the
subject roadway shall be considered to be on the roadway, regardless of whether the
sign faces or is oriented toward the subject roadway or toward another roadway, and
regardless of whether or not there are intersecting streets. No billboard shall be
located less than three hundred (300) feet from any other billboards in any direction.
Billboards located within six hundred and sixty (660) feet of the nearest edge of the
right-of-way of an Interstate Highway must be permitted by the Georgia Department
of Transportation. For purposes of this Ordinance, any billboard located in this area
shall be considered to be a part of the Interstate Highway System regardless of
whether the sign faces the Interstate Highway or is oriented toward the Interstate
Highway or toward another roadway, and regardless of whether or not there are
intersecting streets.
No billboards shall be located on roadways designated as part of the Interstate
Highway System within five hundred (500) feet of an interchange, intersection grade,
or safety rest area. The foregoing 500 foot zone shall be measured along the
Interstate Highway from the point at which the pavement commences or ceases to
widen at exits from or entrances to the main traveled way.
Attachment number 1 \nPage 13 of 16
Item # 3
E. Height. No billboards shall exceed a height of sixty (60) feet from ground level
measured from the elevation of the adjoining road grade or from the base of the sign,
whichever is higher.
F. Area. The maximum area of a billboard’s face shall be three hundred (300) square
feet on two lane roadways and six hundred seventy-two (672) square feet on
highways with more than two lanes, plus temporary embellishments not exceeding
twenty percent (20%) of the permanent sign area. Only one (1) sign face facing
traffic moving in one direction shall be permitted on a billboard.
G. DELETE
H. Code Conformance. Code Conformance. All signs for which a building permit is
required shall be constructed and maintained in conformance with City building and
electrical codes. Plans for all freestanding signs 30 feet or higher, or greater than 150
square feet, shall be certified as to conformance with all structural and wind-load
resistive standards of the Building Code by a structural engineer registered in the State
of Georgia, or be prepared using standard drawings prepared by a structural engineer
or other qualified professional meeting or exceeding all requirements of the Building
Code. Freestanding signage that does not require an engineer's seal must include
supporting foundation calculations. All freestanding signage requires a foundation
inspection. Neon exposed or attached to a structure requires a final inspection. All
signage must have a disconnect switch located at the signage. All signs involving
internal lights or other electrical devices or circuits shall display a label certifying
that all equipment or products are approved by one of the organizations currently
recognized by OSHA as “ationally Recognized Testin g laboratories (RTL)’. All
signs, together with their supports, braces, guys and anchors, shall be kept in good
repair and, unless constructed of galvanized or non-corroding metal, shall be given a
protective coating as necessary to maintain a clean appearance and safe condition.
I. Site Plan Required. Every permit application for a proposed billboard or for
any repair or replacement of an existing billboard shall be accompanied by a
site plan prepared by a registered surveyor. The site plan shall show the
proposed location for the subject sign, the distance of the proposed or existing
billboard to the nearest billboards on the same side of the roadway, the
distance to the nearest billboards on the opposite side of the roadway, and also
the distance to any other structures on the property where the new sign is to be
located. In the event of repair or replacement, the distance to existing
structures on the property shall be shown. The site plan shall be prepared and
stamped by a registered land surveyor. The surveyor shall be required to enter
the correct map and parcel number and complete address for the property for
which the permit application is being submitted. The site plan shall be
approved by the Augusta Planning and Development Department. Once
approved, the site plan shall be in effect for two years except that an approved
plan may be rescinded at the request of the party who presented the plan for
Attachment number 1 \nPage 14 of 16
Item # 3
approval. An approved plan cannot be renewed or extended beyond two
years. After a site plan has been approved, no other plans shall be considered
that would conflict with the subject plan until two years have expired, or the
approval has been properly rescinded.
28-B-11 O-COFORMIG SIGS. Nothing contained herein shall be construed to ratify or
approve the erection and/or maintenance of any sign which was erected in violation of
any prior Ordinance, and any sign so erected shall be subject to removal as provided in
this Subsection. Signs that were in existence and were constructed in compliance with
the terms of any prior Ordinance but do not conform to the provisions of this Section are
hereby designated as legal nonconforming signs. Signs which become legal
nonconforming uses as the result of this Section may continue under the general
standards for nonconformity in Section 5. They may be maintained and repaired but they
may not be enlarged, heightened, or illuminated (if not currently illuminated). All signs
defined herein as temporary signs, attention getting devices, or banners must either be
permitted as temporary signs. Non-conforming signs (permanent and temporary) not
permitted as prescribed above, shall become illegal signs and the Augusta Planning and
Development Department shall be authorized to issue citations and/or remove such non-
permitted signs per Section 28-B-13. All illegal and nonconforming signs shall be
removed from a tract or parcel before any additional signs may be permitted on the same
tract or parcel.
28-B-12 ABADOED SIGS. Signs that conform to this Ordinance, or signs that are made
non-conforming as a result of this Ordinance which subsequently become abandoned
signs shall upon abandonment be covered with a weather resistant opaque material which
blocks the total sign surface area (billboards are exempted). 90 Days after the
abandonment of a legal non-conforming sign the permit for such sign shall automatically
expire and all exposed parts of said sign shall be removed. The foregoing shall apply to
all signs.
28-B-13 EFORCEMET AD PEALTIES. Enforcement of this Section shall be the
responsibility of the Augusta Planning and Development Department.
The Augusta Planning and Development Department shall make routine inspection of all
signs, and he shall also respond to issues raised by the public and other departments.
Upon ascertaining a violation of the provisions of this Chapter, the Augusta Planning and
Development Department shall cause to be served upon the offender, or to his agent, or
upon the owner or his agent, or the occupant(s) of the premises a written notice to abate
which shall:
A. Describe the condition(s) constituting a violation,
B. Demand that the violation be corrected or that the offending sign be removed,
C. State that an inspection will be made no less than 10 days nor more than 30 days
after the notice is issued and at such time, if the conditions which constitute the
violation have not been abated, then a citation will be issued.
Attachment number 1 \nPage 15 of 16
Item # 3
If, after the notice has been given and upon an inspection the offending sign has not been
removed, then the Augusta Planning and Development Department shall issue a citation,
and if the offending sign is a temporary sign or banner then the Augusta Planning and
Development Department shall remove such sign. If the offending sign is not a
temporary sign, then the offending sign may be removed, or the offending condition may
be corrected by the City at the expense of the offender and/or the owner and/or the
occupant of the premises under direction of the Augusta Planning and Development
Department. The City shall have a lien on the property upon which said sign is located to
secure the amount expended for the abatement and all unpaid permit fees and delinquent
charges due to such sign. Citations shall be forwarded to Magistrate Court for placement
on the earliest possible docket.
Any person who violates any provision of this Chapter or any person refusing to comply
with any notice to abate or other notices issued by the Augusta Planning and
Development Department within the time allowed by such notice upon conviction shall
be guilty of misdemeanor. Each day is a separate violation. Each violation of this
Chapter shall be deemed a separate offense and punishable by a fine not exceeding one
thousand dollars ($1,000) or by imprisonment not exceeding sixty (60) days, either or
both in the discretion of the judge having jurisdiction.
AMEDED – Section 28-B-10 (A) November 2010
Section 28-B-8-(K) May 2011
Section 28-B - December, 2011
Attachment number 1 \nPage 16 of 16
Item # 3
Commission Meeting Agenda
12/6/2011 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve New Application: A. N. 11 - 53: request by
Sandipkumar Patel for a retail package Liquor & Wine license to
be used in connection with Om World, Inc. located at 3696 A
Peach Orchard Rd. District 6. Super District 10. (Approved by
Public Services Committee November 28, 2011)
Background:This is a new application.
Analysis:The applicant meets the requirements of the Augusta Richmond
County Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $3,993.00.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 4
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Item # 4
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Item # 4
Commission Meeting Agenda
12/6/2011 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve New Application: A. N. 11 - 56: request by
Sae Shin for an on premise consumption Liquor license to be
used in connection with Blue Sky Kitchen located at 990 Broad
St. District 1. Super District 9.(Approved by Public Services
Committee November 28, 2011)
Background:This location already has Beer & Wine.
Analysis:The applicant meets the requirements of the Augusta Richmond
County Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $3025.00.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 5
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Item # 5
Attachment number 1 \nPage 2 of 2
Item # 5
Commission Meeting Agenda
12/6/2011 5:00 PM
Food Service Contract For the Nutrition Program
Department:
Caption:Motion to approve the Food Service Contract for the Nutrition
Program with G.A. Food Service, Inc. (Approved by Public
Services Committee November 28, 2011)
Background:The Central Savannah River Area Regional Commission Area
Agency on Aging has qualified G.A. Food Service, Inc as the
region's nutrition program food vendor through a competitive bid
process.
Analysis:G.A. Food Service, Incorporated is responsible for the preparation
and delivery of congregate and homebound meals for the senior
nutrition centers operated by the Augusta Recreation, Parks and
Facilities Department.
Financial Impact:Funds for meals are derived from grants from CSRA Regional
Commission as well as city matching funds, and are budgeted in
acct. # 220054322
Alternatives:1. Approve 2. Deny, which would effectively terminate the senior
meal program.
Recommendation:1. Approve
Funds are Available
in the Following
Accounts:
acct. # 220054322
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Cover Memo
Item # 6
Clerk of Commission
Cover Memo
Item # 6
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Item # 6
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Item # 6
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Item # 6
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Item # 6
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Item # 6
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Item # 6
Commission Meeting Agenda
12/6/2011 5:00 PM
Garden City Improvement Fund
Department:Recreation, Parks and Facilities
Caption:Motion to approve MOU between Augusta, Georgia and the
Augusta Convention and Visitors Bureau regarding the Garden
City Improvement Fund for Saint Sebastian Way Landscape
Improvements. (Approved by Public Services Committee
November 28, 2011)
Background:For the enhancement of landscape improvements in city owned
medians on Saint Sebastian Way, between Walton Way and
Reynolds Street; including adjacent sections of Broad Street and
Greene Street, Walton Way between 13th and 15th Street and on
the new Medical District/Downtown exit ramp of Riverwatch
Parkway. This area being a major gateway to the city and to our
medical district appears to be rather blighted. This condition is
primarily due to lack of irrigation. This agreement will allow
Augusta to contribute funding in the amount of $185,000 for
irrigation system installation, to include the initial supply of lines
and taps for water source to the respective landscaped medians
and ramps. The Garden City Improvement Fund, coordinated by
CVB, will provide private funding for the balance of the
@$525,000 project. CVB will be responsible for managing the
project.
Analysis:Request that the Memorandum of Understanding between the
Augusta Convention and Visitors Bureau and Augusta, Georgia be
approved, with the ACVB being the overseeing entity of the
Garden City Improvement Fund.
Financial Impact:The total estimated cost of the installation of the irrigation system,
including water lines and taps, is $225,000. SPLOST IV $105,000
Augusta Utilities $40,000 SPLOST VI $40,000
Alternatives:1: Allow project to move forward without public participation 2:
Approve the public/private partnership and its financial
obligations 3: Partner, but with no financial contributions
Cover Memo
Item # 7
Recommendation:Recommend # 2, as this is the best option for both private and
public entities. This initiative will create a much more welcoming
enviroment to our medical and downtown business district.
Funds are Available
in the Following
Accounts:
Funds are available in: $105,000 SPLOST IV - Irrigation
Automation $40,000 Augusta Utilities Capital Improvements
$40,000 SPLOST VI-Greenspace enhancements
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 7
Page 1 of 4
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (hereinafter “Memorandum”) made this _______________
day of ___________________, 2011, by and between AUGUSTA, GEORGIA, as a political
subdivision of the State of Georgia (hereinafter referred to as “Augusta, Georgia” or “Augusta”),
as Party of the First Part, and AUGUSTA CONVENTION & VISITORS BUREAU, (hereinafter
referred to as “ACVB’) as Party of the Second Part.
WHEREAS, the ACVB is the overseeing entity of The Garden City Improvement Fund;
WHEREAS, the specific purpose of the Garden City Improvement Fund is to foster economic
development in the City of Augusta through community and beautification improvements; and
WHEREAS, the ACVB has determined that it would be of benefit to the citizens of Augusta,
Georgia that funds from the Garden City Improvement Fund be used to provide landscape
enhancements to city owned medians on Saint Sebastian Way, (between Walton Way and
Reynolds Street; including adjacent sections of Broad Street and Greene Street), Greene Street
(between Broad Street and St. Sebastian Way), Walton Way (between 13th Street and 15th Street),
and on the new Medical District/Downtown exit ramp of Riverwatch Parkway.
WHEREAS, Augusta has determined it would be of benefit to the citizens of Augusta, Georgia
to contribute funding for the completion of this beautification project,
NOW, THEREFORE, as a desire of ACVB and Augusta to properly coordinate the completion
of these landscape enhancements, the parties hereby agree as follows:
UNDERSTANDING
Augusta, Georgia and ACVB do hereby agree to the following:
1. The ACVB is facilitating landscape improvements to Saint Sebastian Way,
(between Walton Way and Reynolds Street; including adjacent sections of Broad
Street and Greene Street), Greene Street (between Broad Street and St. Sebastian
Way), Walton Way (between 13th Street and 15th Street), and on the new Medical
Attachment number 1 \nPage 1 of 4
Item # 7
Page 2 of 4
District/Downtown exit ramp of Riverwatch Parkway through a public/private
partnership. The total estimated cost of improvements is $525,000. All project
management and administration shall be performed by ACVB; while maintenance
to said area will be provided for by private parties.
2. The total estimated cost of a Calsense(or equal) irrigation system installation,
including the installation of new water source lines and taps, is $225,000.
3. Augusta shall contribute funding not to exceed $185,000 of its own funds toward
the total cost of improvements using funding sources as follows: SPLOST IV -
$105,000; Augusta Utilities Dept. Capital Improvements fund - $40,000; SPLOST
VI - $40,000.
4. Augusta’s contribution shall be paid in two installments, the first after completion
of the installation of water lines and taps, and the second after completion of the
installation of the irrigation system. Inspections by Augusta representatives shall
be performed to insure proper completion for both installments.
5. Should the cost for providing all necessary water system installations as outlined
above be less than $185,000, then up to $40,000 can be spent on plantings
associated with the project. If this occurs, a third installment with proper
inspections as noted above shall be made on completion of the project.
6. The ACVB shall arrange to plan, coordinate and commence construction of the
improvements, at its own expense, at any time after execution of this agreement
and with full knowledge that any and all permits required by Augusta are in place
and be reimbursed for the same under the conditions as outlined in number
four(4) above.
7. Upon completion of the improvements, the scheduled improvements and/or new
facilities shall become permanent fixtures to the property owned by Augusta and
the ACVB shall have no ownership in same.
(a) TIME/TERMINATION
This Memorandum will remain in effect, only so long as the aforesaid conditions remain
in effect.
Attachment number 1 \nPage 2 of 4
Item # 7
Page 3 of 4
(b) MISCELLANEOUS
1. This Memorandum of Understanding shall be controlled by and construed in accordance
with the laws of the State of Georgia.
2. Any notice given under this Memorandum shall be deemed given when provided in
writing to the following persons:
TO AUGUSTA, GA:
The Augusta, Georgia Commission
Attn: Administrator Fred Russell
Room 801, Municipal Building
530 Greene Street
Augusta, Georgia 30901
With a copy to:
Augusta Recreation, Parks, and Facilities Department
Attn: Tom Beck, Director
PO Box 5605
Augusta, Georgia 30906
TO AUGUSTA COVETIO & VISITORS BUREAU :
Jennifer Bowen
Vice President of Product Development
Augusta Convention & Visitors Bureau
P.O. Box 1331
Augusta, GA 30903
This Memorandum of Understanding is the entire agreement between the parties, and may not be
amended, except by a writing executed by both parties.
IN WITNESS WHEREOF, Augusta and the Augusta Convention & Visitors Bureau have
executed signed, sealed and delivered this Memorandum of Understanding as of the day and year
first above written.
AUGUSTA, GEORGIA
__________________________ By: ____________________________
WITNESS David S. Copenhaver
Mayor
Attachment number 1 \nPage 3 of 4
Item # 7
Page 4 of 4
Attest: __________________________
Lena J. Bonner
__________________________ As Its: Clerk of Commission
NOTARY PUBLIC
Richmond County, State of Georgia
My Commission Expires: __________________
(SEAL)
AUGUSTA COVETIO & VISITORS BUREAU
__________________________ By:
WITNESS
As Its:
__________________________
NOTARY PUBLIC
County,
State of Georgia
My Commission Expires: __________________
Attachment number 1 \nPage 4 of 4
Item # 7
Commission Meeting Agenda
12/6/2011 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve New Application: A. N. 11 - 55: A request by
Eula O. Stone for an on premise consumption Liquor, Beer &
Wine license to be used in connection with The "O" Lounge
located at 2417 Milledgeville Rd. There will be Dance. District 5.
Super District 9. (No recommendation from Public Services
Committee November 28, 2011)
Background:This is a new application.
Analysis:The applicant meets the requirements of the Augusta Richmond
County Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $4345.00.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 8
Attachment number 1 \nPage 1 of 2
Item # 8
Attachment number 1 \nPage 2 of 2
Item # 8
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Item # 8
Commission Meeting Agenda
12/6/2011 5:00 PM
Delegation Authorization (Integrated Disbursements and Information System & Environmental Review
Process)
Department:Housing and Community Development Department
Caption:Motion to approve the Director of the Housing and Community
Development Department to authorize staff to have access to the
HUD Integrated Disbursement Information System (IDIS) and to
be designated as the certifying official for all HUD environmental
review matters. (Approved by Administrative Services
Committee November 28, 2011)
Background:Approval of authorization for IDIS-IDIS is the financial database
for all HUD initiated projects. Further due to the large number of
projects that this office reviews and approves on a daily/weekly
basis, it is in the best interest of the City of Augusta to delegate
authority to the Director of the Housing and Community
Development Department to approve all IDIS access requests.
Approval for delegation as Certifying Official for Environmental
Review Matters- The Housing and Community Development
Department designated staff perform numerous environmental
reviews on a daily/weekly basis as a mandate from HUD for all
federally assisted projects. It is in the best interest of the City of
Augusta to approve this delegation of authority because of the
amount of paperwork involved and the time constraints of each
project. The approval of delegation of authority to the Director of
Housing and Community Development would ensure that all
environmental reviews are done properly and in accordance to
federally mandated regulations.
Analysis:This approval will allow the department to carry on daily/weekly
job related tasks and ensure the office functions efficiently.
Financial Impact:NONE
Alternatives:NONE
Recommendation:Approve both requests for the Director of Housing and
Community Development to authorize staff access to the IDIS
Cover Memo
Item # 9
System and to sign all Environmental Reviews as the Certifying
Official
Funds are Available
in the Following
Accounts:
NONE
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 9
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Item # 9
Commission Meeting Agenda
12/6/2011 5:00 PM
Paine College/Lucy Laney Welllness Center
Department:Housing and Community Development Department
Caption:Motion to approve a $200,000.00 grant for the initial planning
and design of the Lucy Craft Laney Wellness Center. Funding will
be provided by the Department of Housing and Urban
Development (HUD) through their Economic Development
Initiative (EDI). (Approved by Administrative Services
Committee November 28, 2011)
Background:Paine College proposes to build the Lucy Craft Laney/ Silas X.
Floyd Wellness Center (Laney/Floyd) in the new Health
Education Activities Learning Complex (HEAL Complex) on the
campus in Augusta, Georgia. The Laney/Floyd Wellness Center
will operate in the heart of a residential community surrounding
the Paine College campus and will be accessible to the residents in
the Laney Walker/Bethlehem Neighborhood Revitalization
corridor. The accessibly of the Center will include the Sandhills,
Harrisburg, Summerville, Turpin Hill, Highland Park and Albion
Acres neighborhoods as well. The new 43,000 square foot HEAL
Complex is designed to serve the needs of the growing population
of faculty, staff and students and will offer services to the
community that will address contemporary health and wellness
issues to promote a healthy and stable campus and community.
The degree to which the individual has the capacity to obtain,
process and understand basic health information impacts the
individual’s access to quality health services. The Laney/Floyd
Wellness Center will focus on current social issues and offer
programs and activities administered by a collaborating group of
community and college partners. Under the HEAL roof, faculty,
students and community partners will engage in stimulating
research in the areas of diabetes, HIV/AIDS preventive care,
environmental science, biotechnology, and new academic
programs will emerge to prepare students for jobs that have not
yet been created. Community Partnerships will take form within
the HEAL framework to address health literacy, health disparities
while offering an infrastructure for holistic health and wellness
programs to meet the growing needs of the campus community
and the community-at-large. Partnering with Georgia Health
Sciences University, the Charlie Norwood Veterans Medical
Cover Memo
Item # 10
Center, Public Health Department and other local non-profit
agencies will help to provide beneficial services to the
community. The Laney/Floyd Wellness Center will focus on
contemporary social and health issues and partner with local and
regional agencies to disseminate information and offer activities
and programs that will impact the quality of health for Augusta
residents. Rate of Return on the Investment is expected to far
exceed the invested amount of $200,000. It is estimated that the
Laney/Floyd Wellness Center will reach approximately 2,500
residents and an equal amount of students and faculty at Paine
College. From an economic development perspective, the
Laney/Floyd Wellness Center will support several non-profit
organizations to provide similar services and programs for the
community and the College. The Laney/Floyd Wellness Center
will be named for Lucy Craft Laney and Silas Xavier Floyd, two
giants in Augusta’s history. Lucy Craft Laney was dedicated to
wellness, education and advocated for the improvement and
development for women. Silas Xavier Floyd, a prolific author,
served as senior pastor for the historic Tabernacle Baptist Church.
In conclusion, the Laney/Floyd Wellness Center will encompass
activities and programs that will support the individual’s social,
physical, emotional, intellectual, environmental and spiritual
health. The Center will work with campus faculty and students to
offer activities that will help to promote a healthy campus. More
importantly, these services will be accessible to the community in
which the Center will be centrally located.
Analysis:The Lucy Craft Laney Wellness Center will be centrally located
within the Laney Walker Neighborhood so that it will be easily
accessible by all residents of the community. The Wellness Center
will promote wellness programs to area residents of all ages.
These programs will reach out to about 2,500 residents of about a
3,000 person low-income community.
Financial Impact:AHCDD will utilize the $200,000 grant to perform the initial
planning and design of the Wellness Center.
Alternatives:
Recommendation:It is recommended that AHCDD be granted approval for a
$200,000k grant for the initial planning and design of the Lucy
Craft Laney Wellness Center. Funding will be provided by the
Department of Housing and Urban Development(HUD) through
their Economic Development Initiative (EDI).
Funds are Available
in the Following
Accounts:
AHCDD will utilize the $200,000 grant to perform the initial
planning and sign of the Wellness Center.Cover Memo
Item # 10
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 10
Wellness Center 10-18-2011
Administration Services as information 11 /28/2011
Commission for Final Approval 12/6/ 2011
Department: Housing and Community Development Department
CAPTIO: Discuss Approval of a $180,000.00 grant for the initial planning
and design of the Lucy Craft Laney Wellness Center. Funding will be provided by the
Department of Housing and Urban Development (HUD) through their Economic Development
Initiative (EDI).
BACKGROUD: Paine College proposes to build the Lucy Craft Laney/ Silas X. Floyd
Wellness Center (Laney/Floyd) in the new Health Education Activities Learning Complex
(HEAL Complex) on the campus in Augusta, Georgia. The Laney/Floyd Wellness Center will
operate in the heart of a residential community surrounding the Paine College campus and will
be accessible to the residents in the Laney Walker/Bethlehem Neighborhood Revitalization
corridor. The accessibly of the Center will include the Sandhills, Harrisburg, Summerville,
Turpin Hill, Highland Park and Albion Acres neighborhoods as well.
The new 43,000 square foot HEAL Complex is designed to serve the needs of the growing
population of faculty, staff and students and will offer services to the community that will
address contemporary health and wellness issues to promote a healthy and stable campus and
community.
The degree to which the individual has the capacity to obtain, process and understand basic
health information impacts the individual’s access to quality health services. The Laney/Floyd
Wellness Center will focus on current social issues and offer programs and activities
administered by a collaborating group of community and college partners.
Under the HEAL roof, faculty, students and community partners will engage in stimulating
research in the areas of diabetes, HIV/AIDS preventive care, environmental science,
biotechnology, and new academic programs will emerge to prepare students for jobs that have
not yet been created.
Community Partnerships will take form within the HEAL framework to address health literacy,
health disparities while offering an infrastructure for holistic health and wellness programs to
meet the growing needs of the campus community and the community-at-large. Partnering with
Georgia Health Sciences University, the Charlie Norwood Veterans Medical Center, Public
Health Department and other local non-profit agencies will help to provide beneficial services to
the community.
The Laney/Floyd Wellness Center will focus on contemporary social and health issues and
partner with local and regional agencies to disseminate information and offer activities and
programs that will impact the quality of health for Augusta residents.
Attachment number 1 \nPage 1 of 2
Item # 10
Wellness Center 10-18-2011
Rate of Return on the Investment is expected to far exceed the invested amount of $200,000. It
is estimated that the Laney/Floyd Wellness Center will reach approximately 2,500 residents and
an equal amount of students and faculty at Paine College. From an economic development
perspective, the Laney/Floyd Wellness Center will support several non-profit organizations to
provide similar services and programs for the community and the College.
The Laney/Floyd Wellness Center will be named for Lucy Craft Laney and Silas Xavier Floyd,
two giants in Augusta’s history. Lucy Craft Laney was dedicated to wellness, education and
advocated for the improvement and development for women. Silas Xavier Floyd, a prolific
author, served as senior pastor for the historic Tabernacle Baptist Church.
In conclusion, the Laney/Floyd Wellness Center will encompass activities and programs that
will support the individual’s social, physical, emotional, intellectual, environmental and spiritual
health. The Center will work with campus faculty and students to offer activities that will help to
promote a healthy campus. More importantly, these services will be accessible to the community
in which the Center will be centrally located.
AALYSIS: The Lucy Craft Laney Wellness Center will be centrally located within the
Laney Walker Neighborhood so that it will be easily accessible by all residents of the
community. The Wellness Center will promote wellness programs to area residents of all ages.
These programs will reach out to about 2,500 residents of about a 3,000 person low-income
community.
FIACIAL IMPACT: AHCDD will utilize the $180,000 grant to perform the initial planning
and design of the Wellness Center.
RECOMMEDATIO: It is recommended that AHCDD be granted approval for a
$200,000k grant for the initial planning and design of the Lucy Craft Laney Wellness Center.
Funding will be provided by the Department of Housing and Urban Development (HUD)
through their Economic Development Initiative (EDI).
Funds are Available in
the Following Accounts: AHCDD will utilize the $180,000 grant to perform the initial
planning and sign of the Wellness Center.
Attachment number 1 \nPage 2 of 2
Item # 10
Commission Meeting Agenda
12/6/2011 5:00 PM
PPPM
Department:
Caption:Motion to approve an Ordinance to Amend the Augusta, GA
Code Title One Article Four Section 1-7-51 Relating to the
Adoption of Personnel Policies and Procedures of Augusta,
Georgia; To approve edits to the Personnel Policies and
Procedures Manual; 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. This Code
amendment does not address changes to the employee disciplinary
appeals process nor changes with respect to the authority of the
Administrator. (Approved by the Commission November 28,
2011 - second reading)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
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Commission Meeting Agenda
12/6/2011 5:00 PM
Tax Allocation District Number Three
Department:Clerk of Commission
Caption:Motion to approve resolution creating the Doug Barnard - Dixon
Airline Redevelopment Area and Tax Allocation District Number
Three - Doug Barnard-Dixon Airline East Augusta; designating
the boundaries of the Redevelopment Area and Tax Allocation
District; establishing the tax allocation increment base for the Tax
Allocation District; adopting a redevelopment plan for the area;
reserving the ability to issue and sell tax allocation bonds or obtain
other financing necessary to effectuate the redevelopment of the
area; authorizing the Augusta Richmond County Commission to
act as the Redevelopment Agency to implement the
Redevelopment Plan pursuant to the Redevelopment Powers Law;
and for other purposes. (Approved by Finance Committee
November 28, 2011)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
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Commission Meeting Agenda
12/6/2011 5:00 PM
Acceptance of donated property for the City's Greenspace Program and for detention pond purposes
Department:Clerk of Commission
Caption:Motion to approve the donation of TPN 183-0-111-00-0 (aka
1768 Tamarind Way) containing 10.80 acres to the City of
Augusta for its Greenspace Program and TPN 183-1-083-00-0
(aka 2002 Pondcypress Court) containing 0.20 acres to the City of
Augusta to be combined with TPN 183-0-075-00-0, which is
currently a detention pond owned by the City of Augusta. The
property being donated is currently in the ownership of Jutco, Inc.
(Approved by Engineering Services Committee November 28,
2011)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
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Commission Meeting Agenda
12/6/2011 5:00 PM
Construction services associated with 1200 Block of Broad Street Sewer Separation Project.
Department:Utilities
Caption:Motion to award change order to construction contract with L-J,
Inc. in the amount of $20,849.42 regarding the installation of new
sanitary sewer and storm water mains in the 1200 Block of Broad
Street. (Approved by Engineering Services Committee
November 28, 2011)
Background:The Augusta Utilities Department and Augusta Engineering
Department jointly managed the 1200 Block of broad Street
Separation Project. The project included installing a new sanitary
sewer main and a new storm sewer main in the 1200 Block of
Broad Street.
Analysis:Approving this change order to the contract will allow for fair
compensation of the contractor for unforeseen field conditions as
well as additional paving that was needed. The installation of the
new storm line was in an area where the existing roadway was
built over concrete that was installed almost the entire length of
the project. The removal of the concrete was not expected and
therefore required additional cost. Additional asphalt was
authorized in order to make the transition point in the roadway
between new asphalt and existing asphalt in a better place than
was originally designated.
Financial Impact:Funds for this work are available in account number 507043420-
5425210 / 81000025-55425210 ($8,622.00) and 323-041110-
296823333 ($12,227.42)
Alternatives:No alternatives are recommended
Recommendation:We recommend the Commission award change order to L-J, Inc.
in the amount of $20,849.42.
Funds are Available
in the Following 507043420-5425210 / 81000025-55425210 ($8,622.00) and 323-
041110-296823333 ($12,227.42)Cover Memo
Item # 14
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 14
Commission Meeting Agenda
12/6/2011 5:00 PM
GAEPD 319(h) FY11 Federal Grant Acceptance Surface Water Quality Assessment and Public Outreach
Funding
Department:Abie L. Ladson, PE, CPESC, Director
Caption:Motion to approve and authorize the Engineering Department to
1) Accept and receive federal financial assistance through Section
319 FY11Water Quality grant program; 2) Submit similar future
grant application when it becomes available, and 3) Partner with
Southeastern National Science Academy (Phinizy Swamp Nature
Park) for Public Outreach and Watershed Restoration Activities.
Also, grant authorization permitting Augusta, GA’s Mayor the
right to sign of all documentation. (Approved by Engineering
Services Committee November 28, 2011)
Background:The Clean Water Act Section 319(h) Water Quality grant funds
support activities to identify and implement projects for reduction
of prioritized risks and concerns in the community such as source
assessment and control of pollutant of interest load within state
listed impaired water bodies. During 2010, Augusta Engineering
Department (AED) submitted two (2) separate applications to seek
federal funds for various activities associated with the surface
water quality improvement program. Targeted activities include
public outreach, source assessment, and best management
practices. The other key team member is Southeastern Natural
Science Academy (SNSA). SNSA maintains a strong
involvement in Public Outreach and Regional Water Quality
assessment programs and is a good technical local resource. As a
team, SNSA and AED staff will work together and establish a
comprehensive cost effective water quality assessment and
outreach program. This program will allow AED to optimize its
MS4 NPDES Stormwater Management Program.
Analysis:With increasing regulatory demand for point source pollutants
load reduction in receiving water bodies, the management of
stormwater quantity and quality through regulatory permitting is
taking a focal point. Four Augusta creeks are listed as impaired
water bodies and do not support their designated use. The
pollutant of concern is fecal coliform (FC). Under the stormwater
management permitting program, EPA/GAEPD is requiring
localities to develop and implement programs to reduce FC load in
Cover Memo
Item # 15
impaired watersheds. AED will utilize the grant funds to support
this program. AED will meet fund matching need primarily by
offering in-kind services such as staff time. AED will also utilize
its Operational Environmental and Engineering funds to satisfy
the remaining matching fund requirement and to support expanded
surface water quality monitoring activities. Expanded water
quality data gathering efforts are warranted for identifying
problematic areas prior to implementation of best management
practices as required under MS4 NPDES permit.
Financial Impact:By accepting this grant, AED will receive $86,350.00 in federal
funds. AED will provide $51,515 matching non-federal funds in-
kind and $6,540 from its environmental (stormwater) operational
funds. AED will also utilize approximately $24,000 from its
environmental (stormwater) and engineering operational funds to
support expanded water quality assessment activities.
Alternatives:1) Approve and authorize the Engineering Department to 1)
Accept and receive federal financial assistance through Section
319 FY11Water Quality grant program; 2) Submit similar future
grant application when it becomes available, and 3) Partner with
Southeastern National Science Academy (Phinizy Swamp Nature
Park) for Public Outreach and Watershed Restoration Activities.
Also, grant authorization permitting Augusta, GA’s Mayor the
right to sign of all documentation. 2) Do not approve and identify
alternate funding source to complete needed activities.
Recommendation:Approve Alternative Number One
Funds are Available
in the Following
Accounts:
$51,515 in kinds; $22,540 in 101041110-5213118; $8,000 in
101041110-5212115
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 15
Commission Meeting Agenda
12/6/2011 5:00 PM
Marks Church Road Reconstruction Project - CO#2/SA#2
Department:Abie L. Ladson, PE, CPESC, Director
Caption:Motion to approve Change Number Two and Supplemental
Agreement Two (CPB #325-041120-209825201) in the amount of
$38,038.00 for the Marks Church Road Reconstruction project to
W. R .Toole Engineers, Inc. Funding is available in the project
account for the Engineering Department. (Approved by
Engineering Services Committee November 28, 2011)
Background:The Marks Church Road Reconstruction Project was approved by
Commission on 03/04/09; and is funded in SPLOST V. Marks
Church Road is currently a two-lane road with side
ditches. Design efforts are underway to upgrade the existing
roadway, curb and gutter, an enclosed storm drainage system,
sidewalks, and the Marks Church Road Bridge. Supplemental
services are needed to extend project limits for tie-in to recently
improved section of this road. This section was improved as part
of GDOT Bobby Jones Intersection Improvement contract.
Analysis:WR Toole Engineers (WRTE) will provide supplemental services
to complete the topographic survey, extend & update roadway
design to include an additional 950 feet of roadway section and to
update the project database. These services are critical to
completing the ongoing design efforts.
Financial Impact:Funds are available in the project construction account to be
transferred to the engineering account 325-041120-5212115 upon
Commission approval.
Alternatives:1) Approve Change Number Two and Supplemental Agreement
Two (CPB #325-041120-209825201) in the amount of $38,038.00
for the Marks Church Road Reconstruction project to W. R .Toole
Engineers, Inc. Funding is available in the project account for the
Engineering Department. 2) Do not approve and identify alternate
plan to complete needed improvement at this added section.
Recommendation:Approve Alternative Number One Cover Memo
Item # 16
Funds are Available
in the Following
Accounts:
325-041120-5212115/209825201-5212115
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 16
Augusta-Richmond County, Georgia
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County,
Georgia that the following Capital Project Budget is hereby adopted:
Section 1: This project is authorized to CPB#325-041120-209825201 for Supplemental Agreement
Number Two for additional engineering services to complete the topographic survey
and update the project database on the Marks Church Road project. Funds in the amount
available of $38,038.00 are in the project construction account to be transferred to the
engineering account.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
Special 1% Sales Tax, Phase V 2,500,000$
2,500,000$
Section 3: The following amounts are appropriated for the project:
By Basin By District
Raes Creek $2,500,000 2,500,000$
Section 4: Copies of this Capital Project Budget shall be made available to the
Comptroller for direction in carrying out this project.
Adopted this ____________________ day of ______________________.
Approved
_________________________________________________
Original-Commission Council Office
Copy-Engineering Department
Copy-Finance Department
Copy-Procurement Department
CPB#325-041120-209825201
Honorable Deke Copenhaver, Mayor
CAPITAL PROJECT BUDGET
MARKS CHURCH ROAD RECONSTRUCTION PROJECT
CHANGE NUMBER TWO
information reference this request, contact Engineering at ext 5070. Thanks
1 of 2 10.24.2011
Attachment number 1 \nPage 1 of 2
Item # 16
Augusta-Richmond County, Georgia CPB#325-041120-209825201
CAPITAL PROJECT BUDGET
MARKS CHURCH ROAD RECONSTRUCTION PROJECT
CHANGE NUMBER TWO
information reference this request, contact Engineering at ext 5070. Thanks
CPB AMOUNT CPB NEW
SOURCE OF FUNDS CPB CHANGE CPB
SPLOST, PHASE V
325-04-1120-6011110 ($2,500,000)($2,500,000)
TOTAL SOURCES: ($2,500,000) ($2,500,000)
USE OF FUNDS
ENGINEERING
325-04-1120-5212115-209825201 $622,240 $38,038 $660,278
CONSTRUCTION
325-04-1120-5414110-209825201 $1,877,760 ($38,038)$1,839,722
TOTAL USES:$2,500,000 $0 $2,500,000
2 of 2 10.24.2011
Attachment number 1 \nPage 2 of 2
Item # 16
(SA02 – For changes greater than $20,000)
AUGUSTA-RICHMOND COUNTY
AUGUSTA, GA ENGINEERING DEPARTMENT
SUPPLEMENTAL AGREEMENT
WHEREAS, We, “W.R. Toole Engineers, Inc.” Consultant, entered into a contract with Augusta-
Richmond County on “August 4, 2009”, for the “Marks Church Road Reconstruction ”, Project No.
325-041120-209825201, File Reference No. 11-014 (A), and
WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered
by the scope of the original contract, we desire to submit the following Supplemental Agreement
to-wit:
Additional Engineering Services to complete the topographic
Survey and update the project database.
It is agreed that as a result of the above described modification the contract amount is increased
by $38,038.00.00 from $622,240.00 to a new total of $660,278.00.
Any modifications to submittal dates shall be as identified in the attached proposal. This
agreement in no way modifies or changes the original contract of which it becomes a part, except
as specifically stated herein.
NOW, THEREFORE, We, “W.R. Toole Engineers, Inc.”, Consultant, hereby agree to said
Supplemental Agreement consisting of the above mentioned items and prices, and agree that this
Supplemental Agreement is hereby made a part of the original contract to be performed under the
specifications thereof, and that the original contract is in full force and effect, except insofar as it
might be modified by this Supplemental Agreement.
This day of , 2011.
RECOMMEND FOR APPROVAL:
CITY OF AUGUSTA-RICHMOND COUNTY
AUGUSTA, GEORGIA
Honorable Mayor, Deke Copenhaver
Approved: Date Approved: Date
[ATTACHED CORPORATE SEAL]
ATTEST: __________________________
Title: ___________________________
Augusta Richmond County Project Number(s): 325-041120-209825201
Supplemental Agreement Number: 2
Purchase Order Number: 170337
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for
execution. For information reference this request, contact Engineering at ext 5070. Thanks
Attachment number 2 \nPage 1 of 1
Item # 16
Commission Meeting Agenda
12/6/2011 5:00 PM
Mowing and Maintenance Agreement
Department:Planning and Development
Caption:Motion to approve mowing and maintenance agreement,
encroachment permit, and indemnity form between Augusta, Georgia
and Georgia DOT for fencing off an area under the Calhoun
Expressway overpass adjacent to the canal between 15th and 13th
Street. (Approved by Engineering Services Committee November
28, 2011)
Background:The purpose of the project is to protect the surrounding area from
trespassing, crime, and other problems associated with uncontrolled
public access to this area under the Calhoun Expressway
overpass. It’s a small project consisting of approximately 140 feet of
chained link fencing but the land under the expressway is owned by
GDOT, therefore the subject documents are needed.
Analysis:Illegal activities on property are destroying the value of adjacent
properties. The area needs to be secured.
Financial Impact:Illegal activities on property are destroying the value of adjacent
properties. The area needs to be secured.
Alternatives:Approve or disapprove
Recommendation:Approve
Funds are Available
in the Following
Accounts:
Approve
REVIEWED AND APPROVED BY:
Clerk of Commission
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Commission Meeting Agenda
12/6/2011 5:00 PM
Request for Fireman's Monument
Department:Planning Commission
Caption:Motion to approve the placement of a 30” tall bronze casting of
fire gear on a 24” wide x 16” wide x 36” tall black granite on a
36” x 36” deep greystone blue base to honor all past, present and
future members of the Augusta Fire Dept.at the Hero's Overlook
on Riverwalk. (Approved by Engineering Services Committee
November 28, 2011)
Background:The necessary staff meeting and public hearing has been
conducted. Statue and marble is already complete and in the
possession of the Fire Dept.
Analysis:
Financial Impact:no cost to the City for construction or placement
Alternatives:approve placement or deny placement of the proposed monument
Recommendation:approve placement of proposed Fireman's Monument
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
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Commission Meeting Agenda
12/6/2011 5:00 PM
Rev. Larry Fryer
Department:Clerk of Commission
Caption:Motion to approve the naming of the bridge at 5th and 7th in
honor of the late Major General Robert E. Gray. (Approved by
Engineering Services Committee November 28, 2011)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 19
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Commission Meeting Agenda
12/6/2011 5:00 PM
Revised Draft Hazard Mitigation Plan
Department:Clerk of Commission
Caption:Motion to approve the adoption of the revised Draft Hazard
Mitigation Plan for Augusta, GA. (Approved by Engineering
Services Committee November 28, 2011)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
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Commission Meeting Agenda
12/6/2011 5:00 PM
Willhaven Subdivision, Phase II, Section II
Department:Engineering Department-Abie L. Ladson, P.E., CPESC, Director
Caption:Motion to approve the deed of dedication, maintenance
agreement, and road resolutions submitted by the Engineering
Department for Willhaven, Phase II, Section II. (Approved by
Engineering Services Committee November 28, 2011)
Background:The final plat for Phase II, Section II, was approved by the
Commission on August 17, 2010. The subdivision design and plat
for this section, including the storm drain system, have been
reviewed and accepted by our engineering staff and the
construction has been reviewed by our inspectors.
Analysis:This section meets all codes, ordinances and standards. There are
no wetlands or 100-year flood plain boundaries involved in this
section.
Financial Impact:By accepting these roads and storm drainage installations into the
County system and after the 18-month maintenance warranty by
the developer/contractor for the roads and storm drainage has
expired, all future maintenance and associated costs will be borne
by Augusta, Georgia.
Alternatives:1. Approve the deed of dedication, maintenance agreement, and
road resolutions submitted by the Engineering Department for
Willhaven, Phase Two, Section II. 2. Do not approve and risk
litigation.
Recommendation:Approve Alternative Number One.
Funds are Available
in the Following
Accounts:
Not required at this time.
REVIEWED AND APPROVED BY:
Cover Memo
Item # 21
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 21
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Item # 21
Attachment number 3 \nPage 1 of 2
Item # 21
Attachment number 3 \nPage 2 of 2
Item # 21
Attachment number 4 \nPage 1 of 2
Item # 21
Attachment number 4 \nPage 2 of 2
Item # 21
Attachment number 5 \nPage 1 of 2
Item # 21
Attachment number 5 \nPage 2 of 2
Item # 21
Commission Meeting Agenda
12/6/2011 5:00 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the regular meeting of the
Commission held November 15, 2011 and Special Called
Meetings (regular and legal) held on November 28, 2011.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 22
Commission Meeting Agenda
12/6/2011 5:00 PM
Ad Hoc Redistricting Committee
Department:
Caption:Motion to approve a Resolution adopting the recommendation of
the Ad Hoc Redistricting Committee for the redistricting of
Commission Districts for Augusta, Georgia. (Requested by
Commissioners Alvin Mason and Jerry Brigham)
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
12/6/2011 5:00 PM
Resolution authorizing settlement of Allstate Subrogation Claims
Department:Law Department
Caption:Approve a resolution authorizing settlement of Allstate
Subrogation Claim Number 0206930018 SRT in the aggregate
amount of Three Thousand, Six Hundred, Sixty-Seven and Forty
Cents ($3,667.40).
Background:See attached
Analysis:N/A
Financial Impact:
Alternatives:Deny motion authorizing settlement
Recommendation:Approve motion authorizing settlment
Funds are Available
in the Following
Accounts:
Account No. 101101110/6011110
REVIEWED AND APPROVED BY:
Finance.
Law.
Clerk of Commission
Cover Memo
Item # 24
Attachment number 1 \nPage 1 of 2
Item # 24
Attachment number 1 \nPage 2 of 2
Item # 24
Page 1 of 4
SETTLEMENT AGREEMENT AND RELEASE
This document sets forth the terms and conditions of the Agreement and General Release
(hereinafter "Agreement") by and between Allstate Fire and Casualty Insurance Company,
(hereinafter "the Releasor") and Augusta, Georgia, (referred herein as “Augusta, Georgia” or
“Releasee”). The term “Releasee” as used herein shall be defined as Augusta, Georgia, and all
current and former commissioners, employees, servants, agents, officials, insurers, and attorneys,
in their official and individual capacities, together with their predecessors, successors and
assigns, both jointly and severally. In consideration of the mutual covenants and agreements set
forth below, the parties agree as follows:
RECITALS
On or about June 15, 2011 a tree limb fell at 940 D’Antignac Street, Augusta, Georgia 30901,
and said limb fell on Theodore McNeal and two vehicles owned by Theodore McNeal.
Theodore McNeal suffered injuries and Theodore McNeal’s vehicles were damaged.
Augusta, Georgia, denies and continues to deny any liability to Releasor for claims arising out of
or related to this event and desire to purchase their peace and to avoid the problem and expense
of further litigation.
Releasor enters into this Release in order to provide for certain payments in full, final and
complete settlement, satisfaction and discharge of any and all past, present or future claims
which are or which might have been the subject of the Claim upon the terms and conditions set
forth herein. Releasor desires to remise, release, acquit and forever discharge Augusta, Georgia,
their respective past, present and future employees, partners, officers, directors, shareholders,
principals, parents, direct or indirect subsidiaries and subsidiaries thereof, affiliates, divisions,
agents, representatives, predecessors, successors, insurers, attorneys and assigns (collectively
"Releasees.)"
NOW THEREFORE, Releasor agrees as follows:
1. RELEASE BY RELEASOR. In consideration of the payment of One Thousand, Two
Hundred, Fifty-Six and Thirty-Three Cents ($1,256.33) (the "Payment"), Releasor has agreed to
settle all claims against Augusta, Georgia for Subrogation Claim Number 0206929977 SRT. In
consideration of the payment of Three Thousand, Six Hundred, Sixty-Seven and Forty Cents
($3,667.40) (the "Payment"), Releasor has agreed to settle all claims against Augusta, Georgia
for Subrogation Claim Number 0206930018 SRT. Releasor does hereby fully, finally, and
completely remise, release, acquit and forever discharge the Releasees of and from any and all
past, present or future claims, demands, obligations, lawsuits, actions, causes of action, loss of
consortium claims, wrongful death claims, rights, damages, costs, expenses and compensation of
any kind or nature whatsoever, known or unknown, foreseen or unforeseen, direct or indirect,
fixed or contingent, whether based on a tort, contract or other theory of recovery, and regardless
Attachment number 2 \nPage 1 of 4
Item # 24
Page 2 of 4
of the theory of damages, which Releasor ever had, now has, or which may hereinafter accrue or
otherwise be acquired on account of, or in any way growing out of, related to, or arising from, in
any manner or fashion, the fallen tree branch at 940 D’Antignac Street, Augusta, Georgia 30901.
This release on the part of Releasor shall be a fully binding and complete settlement between
Releasor and Releasees.
In addition, it is specifically understood and agreed that the Payment is intended to compensate
the Releasor for property damage, injuries, pecuniary damages and other elements of general
damage and economic and non-economic damages that are uncertain in amount and that
Releasor specifically agrees that in consideration of the Payment, Releasor releases any and all
claims that it ever had, now has or may have for all items or damages, whether general or
specific or punitive or exemplary, based upon, resulting from, arising out of, relating to, or
connected directly or indirectly to the fallen tree branch at 940 D’Antignac Street, Augusta,
Georgia 30901.
2. SETTLEMENT NOT AN ADMISSION OF LIABILITY. Releasor agrees that this Release
is the compromise of doubtful and disputed claims and that the Payment made is not to be
construed as an admission of liability, negligence, willful and wanton conduct, or fault of any
kind whatsoever by Releasees, nor the validity of any claim to damages, but is to be construed as
a compromise and settlement of all issues for purposes of avoiding controversy, litigation and
expense. Releasor further agrees that all claims or allegations of fault, liability, negligence, and
legal responsibility have been and are denied by Releasees.
3. INDEMNIFICATION BY RELEASOR. Releasor, in consideration of the promises set forth
herein, the receipt and sufficiency of which is hereby acknowledged, hereby agrees to defend,
indemnify and hold harmless Releasees against any and all claims, demands, and causes of
action, including, but not limited to claims for contribution and indemnity, based upon
allegations of negligence, strict liability or any other allegation of fault by Releasees that are
asserted by any person or entity that the Releasor may make a claim against on account of, based
upon, relating to or arising out of the fallen tree branch at 940 D’Antignac Street, Augusta,
Georgia 30901.
4. ATTORNEY'S FEES AND COURT COSTS. As between Releasor and Releasees, each
party shall bear its own attorneys fees and expenses and court costs incurred in connection with
the lawsuit, this Release, the matters and documents referred to herein, the entry of a final
judgment and all related matters.
5. RELEASOR'S REPRESENTATIONS AND WARRANTIES. In return for the foregoing
consideration, the Releasor hereby warrants and represents that it is the sole owner of any claims,
rights, counts, causes of action, obligations and demands released by the Releasor pursuant to
this Release and which are in fact, released by the Releasor pursuant to this Release and that no
other persons or entities have any interest in any claims, rights, counts, causes of action,
obligations or demands which the Releasor releases pursuant to this Release and further covenant
that he has not assigned any claims they may have against the Releasees to any person or entity.
Attachment number 2 \nPage 2 of 4
Item # 24
Page 3 of 4
6. EXECUTION. Releasor represents and warrants that the person executing this Agreement is
duly authorized to do so, that this Agreement constitutes a valid and binding obligation and that
it is authorized to act on behalf of all persons or entities described in this Release's definition of
Releasor concerning all matters addressed in this Agreement.
7. SUCCESSORS. This Release shall be binding upon and inure to the benefit of the Parties and
their respective successors and assigns.
8. ENTIRE AGREEMENT. Releasor hereby agrees and represents that no promise or
agreement not herein expressed has been made to him, and that this Release contains the entire
understanding of the Releasor regarding the matters contained herein and that the terms of this
Release are contractual and not merely a recital.
SIGNATURES ON FOLLOWING PAGE
Attachment number 2 \nPage 3 of 4
Item # 24
Page 4 of 4
IN AGREEMENT HERETO, the Releasor and the below representative of Augusta, Georgia
set their hand and seal.
Allstate Fire and Casualty Insurance Company
By:
Witness Edward M. Harris, Attorney for
Allstate Fire and Casualty Insurance Company
Augusta, Georgia
____________________________
Witness David S. Copenhaver, Mayor
Attest:
____________________________
Lena J. Bonner, Clerk of Commission
Attachment number 2 \nPage 4 of 4
Item # 24
Commission Meeting Agenda
12/6/2011 5:00 PM
Resolution authorizing settlement of Allstate Subrogation Claims
Department:Law Department
Caption:Approve a resolution authorizing settlement of Allstate
Subrogation Claim Number 0206929977 SRT in the aggregate
amount of One Thousand, Two Hundred, Fifty-Six and Thirty-
Three Cents ($1,256.33).
Background:See attached
Analysis:N/A
Financial Impact:
Alternatives:Deny motion authorizing settlement
Recommendation:Approve motion authorizing settlment
Funds are Available
in the Following
Accounts:
Account No. 101101110/6011110
REVIEWED AND APPROVED BY:
Finance.
Law.
Clerk of Commission
Cover Memo
Item # 25
Attachment number 1 \nPage 1 of 2
Item # 25
Attachment number 1 \nPage 2 of 2
Item # 25
Page 1 of 4
SETTLEMENT AGREEMENT AND RELEASE
This document sets forth the terms and conditions of the Agreement and General Release
(hereinafter "Agreement") by and between Allstate Fire and Casualty Insurance Company,
(hereinafter "the Releasor") and Augusta, Georgia, (referred herein as “Augusta, Georgia” or
“Releasee”). The term “Releasee” as used herein shall be defined as Augusta, Georgia, and all
current and former commissioners, employees, servants, agents, officials, insurers, and attorneys,
in their official and individual capacities, together with their predecessors, successors and
assigns, both jointly and severally. In consideration of the mutual covenants and agreements set
forth below, the parties agree as follows:
RECITALS
On or about June 15, 2011 a tree limb fell at 940 D’Antignac Street, Augusta, Georgia 30901,
and said limb fell on Theodore McNeal and two vehicles owned by Theodore McNeal.
Theodore McNeal suffered injuries and Theodore McNeal’s vehicles were damaged.
Augusta, Georgia, denies and continues to deny any liability to Releasor for claims arising out of
or related to this event and desire to purchase their peace and to avoid the problem and expense
of further litigation.
Releasor enters into this Release in order to provide for certain payments in full, final and
complete settlement, satisfaction and discharge of any and all past, present or future claims
which are or which might have been the subject of the Claim upon the terms and conditions set
forth herein. Releasor desires to remise, release, acquit and forever discharge Augusta, Georgia,
their respective past, present and future employees, partners, officers, directors, shareholders,
principals, parents, direct or indirect subsidiaries and subsidiaries thereof, affiliates, divisions,
agents, representatives, predecessors, successors, insurers, attorneys and assigns (collectively
"Releasees.)"
NOW THEREFORE, Releasor agrees as follows:
1. RELEASE BY RELEASOR. In consideration of the payment of One Thousand, Two
Hundred, Fifty-Six and Thirty-Three Cents ($1,256.33) (the "Payment"), Releasor has agreed to
settle all claims against Augusta, Georgia for Subrogation Claim Number 0206929977 SRT. In
consideration of the payment of Three Thousand, Six Hundred, Sixty-Seven and Forty Cents
($3,667.40) (the "Payment"), Releasor has agreed to settle all claims against Augusta, Georgia
for Subrogation Claim Number 0206930018 SRT. Releasor does hereby fully, finally, and
completely remise, release, acquit and forever discharge the Releasees of and from any and all
past, present or future claims, demands, obligations, lawsuits, actions, causes of action, loss of
consortium claims, wrongful death claims, rights, damages, costs, expenses and compensation of
any kind or nature whatsoever, known or unknown, foreseen or unforeseen, direct or indirect,
fixed or contingent, whether based on a tort, contract or other theory of recovery, and regardless
Attachment number 2 \nPage 1 of 4
Item # 25
Page 2 of 4
of the theory of damages, which Releasor ever had, now has, or which may hereinafter accrue or
otherwise be acquired on account of, or in any way growing out of, related to, or arising from, in
any manner or fashion, the fallen tree branch at 940 D’Antignac Street, Augusta, Georgia 30901.
This release on the part of Releasor shall be a fully binding and complete settlement between
Releasor and Releasees.
In addition, it is specifically understood and agreed that the Payment is intended to compensate
the Releasor for property damage, injuries, pecuniary damages and other elements of general
damage and economic and non-economic damages that are uncertain in amount and that
Releasor specifically agrees that in consideration of the Payment, Releasor releases any and all
claims that it ever had, now has or may have for all items or damages, whether general or
specific or punitive or exemplary, based upon, resulting from, arising out of, relating to, or
connected directly or indirectly to the fallen tree branch at 940 D’Antignac Street, Augusta,
Georgia 30901.
2. SETTLEMENT NOT AN ADMISSION OF LIABILITY. Releasor agrees that this Release
is the compromise of doubtful and disputed claims and that the Payment made is not to be
construed as an admission of liability, negligence, willful and wanton conduct, or fault of any
kind whatsoever by Releasees, nor the validity of any claim to damages, but is to be construed as
a compromise and settlement of all issues for purposes of avoiding controversy, litigation and
expense. Releasor further agrees that all claims or allegations of fault, liability, negligence, and
legal responsibility have been and are denied by Releasees.
3. INDEMNIFICATION BY RELEASOR. Releasor, in consideration of the promises set forth
herein, the receipt and sufficiency of which is hereby acknowledged, hereby agrees to defend,
indemnify and hold harmless Releasees against any and all claims, demands, and causes of
action, including, but not limited to claims for contribution and indemnity, based upon
allegations of negligence, strict liability or any other allegation of fault by Releasees that are
asserted by any person or entity that the Releasor may make a claim against on account of, based
upon, relating to or arising out of the fallen tree branch at 940 D’Antignac Street, Augusta,
Georgia 30901.
4. ATTORNEY'S FEES AND COURT COSTS. As between Releasor and Releasees, each
party shall bear its own attorneys fees and expenses and court costs incurred in connection with
the lawsuit, this Release, the matters and documents referred to herein, the entry of a final
judgment and all related matters.
5. RELEASOR'S REPRESENTATIONS AND WARRANTIES. In return for the foregoing
consideration, the Releasor hereby warrants and represents that it is the sole owner of any claims,
rights, counts, causes of action, obligations and demands released by the Releasor pursuant to
this Release and which are in fact, released by the Releasor pursuant to this Release and that no
other persons or entities have any interest in any claims, rights, counts, causes of action,
obligations or demands which the Releasor releases pursuant to this Release and further covenant
that he has not assigned any claims they may have against the Releasees to any person or entity.
Attachment number 2 \nPage 2 of 4
Item # 25
Page 3 of 4
6. EXECUTION. Releasor represents and warrants that the person executing this Agreement is
duly authorized to do so, that this Agreement constitutes a valid and binding obligation and that
it is authorized to act on behalf of all persons or entities described in this Release's definition of
Releasor concerning all matters addressed in this Agreement.
7. SUCCESSORS. This Release shall be binding upon and inure to the benefit of the Parties and
their respective successors and assigns.
8. ENTIRE AGREEMENT. Releasor hereby agrees and represents that no promise or
agreement not herein expressed has been made to him, and that this Release contains the entire
understanding of the Releasor regarding the matters contained herein and that the terms of this
Release are contractual and not merely a recital.
SIGNATURES ON FOLLOWING PAGE
Attachment number 2 \nPage 3 of 4
Item # 25
Page 4 of 4
IN AGREEMENT HERETO, the Releasor and the below representative of Augusta, Georgia
set their hand and seal.
Allstate Fire and Casualty Insurance Company
By:
Witness Edward M. Harris, Attorney for
Allstate Fire and Casualty Insurance Company
Augusta, Georgia
____________________________
Witness David S. Copenhaver, Mayor
Attest:
____________________________
Lena J. Bonner, Clerk of Commission
Attachment number 2 \nPage 4 of 4
Item # 25
Commission Meeting Agenda
12/6/2011 5:00 PM
Resolution authorizing the settlement of all claims by Christopher Sean Kersey
Department:Attorney
Caption:Resolution authorizing the settlement of all claims by Christopher
Sean Kersey in the amount of one hundred fifty thousand
dollars ($150,000); authorizing the Administrator to disburse the
amount one hundred fifty thousand dollars ($150,000); waiving
Augusta, Georgia Code of Ordinances sections in conflict for this
instance only; and for other purposes.
Background:See Attached.
Analysis:See attached.
Financial Impact:$150,000 from settlement exposure fund balance (account # 101-
01-5313/57-35110).
Alternatives:Decline to settle case.
Recommendation:Approve settlement.
Funds are Available
in the Following
Accounts:
Settlement Exposure Fund Balance (account # 611015213-
5523273).
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 26
RESOLUTION
RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS
BY CHRISTOPHER SEAN KERSEY, IN THE AMOUNT OF ONE
HUNDRED FIFTY THOUSAND DOLLARS ($150,000); AUTHORIZING
THE ADMINISTRATOR TO DISBURSE THE AMOUNT ONE HUNDRED
FIFTY THOUSAND DOLLARS ($150,000); WAIVING AUGUSTA,
GEORGIA CODE OF ORDINANCES SECTIONS IN CONFLICT FOR
THIS INSTANCE ONLY; AND FOR OTHER PURPOSES.
WHEREAS, Christopher Sean Kersey has a lawsuit now pending in the United States
District Court for the Southern District of Georgia, Civil Action File No. 1:11-CV00096-JRH-
WLB;
WHEREAS, both parties to said civil action desire to settle all claims; and
WHEREAS, Claimant has agreed to settle all claims against Sheriff Ronald Strength,
former deputy Bryan Johnson, et al. for the sum of one hundred fifty thousand dollars ($150,000)
being paid to Christopher Sean Kersey;
WHEREAS, it is in the best interests of Augusta, Georgia to resolve this matter and pay
the amount of one hundred fifty thousand dollars ($150,000) to Claimant as set out above to
settle all claims of Claimant against Augusta, Georgia, the Sheriff of Richmond County and their
employees and agents arising out of the facts alleged in said lawsuit:
During the early morning hours of July 25, 2009 at the nightclub
known as The Country Club, Deputy Bryan Johnson of the
Richmond County Sheriff’s Department, while in the process of
breaking up an altercation between Claimant and another patron of
the nightclub and effectuating an arrest of Claimant, used
excessive force upon Claimant resulting in serious personal
injuries to Claimant. As a result of said injuries, Claimant incurred
medical expenses and lost wages exceeding $57,000 and
underwent at least two surgical procedures.
WHEREAS, Augusta, Georgia acknowledges that the payment set forth herein does not
constitute any admission of liability on the part of Augusta, Georgia and liability is expressly
denied;
NOW, THEREFORE, BE IT RESOLVED by the Augusta, Georgia Commission,
Section 1: The Augusta, Georgia Commission will settle the claims of Christopher
Sean Kersey for the aggregate amount of one hundred fifty thousand
dollars ($150,000).
Section 2: The Administrator is authorized to pay a total sum of one hundred fifty
thousand dollars ($150,000) from settlement exposure fund balance
(account # 611015213-5523273) to Christopher Sean Kersey at the
Attachment number 1 \nPage 1 of 2
Item # 26
Settlement Resolution
Christopher Sean Kersey
Page 2 of 2
direction of the Commission and payment shall be in the form of a check
payable to Christopher Sean Kersey and Calvin E. Chance, Jr., attorney.
Section 3: 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:
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Resolution was duly adopted by the Augusta, Georgia 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 # 26
Commission Meeting Agenda
12/6/2011 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 # 27