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HomeMy WebLinkAbout2013-02-19-Meeting Agenda Commission Meeting Agenda Commission Chamber 2/19/2013 5:00 PM INVOCATION: Bishop Rosa Williams, Pastor, Ever Faithful Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. PRESENTATION(S) A. Presentation from the Buffalo Soldiers to the Augusta Recreation, Parks and Facilities Department. Attachments RECOGNITION(S) 2012 Employee of the Year B. Congratulations! Ms. Patricia L. Ystenes, Administrative Assistant for the Fleet Management Department, 2012 Employee of the Year. Attachments Augusta Fire Department C. Recognition of firefighters Lt. Daniel Rigdon, Lt. Ralph Jenkins, FF Adam Krebs, FF Mary Guest  and FF Travis Petrea for rescuing John Thompson (3-year old child) on Sunday evening February 3rd from a burning house at 527 Carr Street. Attachments Five (5) minute time limit per delegation DELEGATIONS D. Debra Williams, Lieutenant Colonel, United States Army Retired (Requested by Commissioner Lockett) Attachments E. Johnny Patterson, 2d State Jr. Vice Commander of Georgia Attachments Mr. Johnny Travis, Georgia State Chief of Staff (Requested by Commissioner Lockett) CONSENT AGENDA (Items 1-28) PLANNING 1. Z-13-07 - A request for concurrence with the Augusta Georgia Planning Commission to approve with the following conditions 1) that a 400 foot natural buffer be maintained adjacent to the rear property lines of those parcels located on the easternmost side of Lewis Acres Subdivision and 2) that a 100 foot natural buffer be maintained adjacent to the rear property lines of those parcels located on the northernmost side of Lewis Acres Subdivision; a petition by the Augusta Economic Development Authority requesting a change of zoning from Zone A (Agriculture) and Zone HI (Heavy Industry) with conditions to Zone HI on property containing approximately 1796 acres and known as 4760 Mike Padgett Highway. (Tax Maps 323-0-039-01-0 and 323-0-039-03-0) DISTRICT 8 Attachments 2. ZA-R-217 - A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta Georgia by adding to Section 23-1 (Light Industry - Permitted Uses) by adding animal kennels as a permitted use and deleting it from Section 24-1 (Heavy Industry – Permitted Uses). Attachments 3. ZA-R-218 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta Georgia by amending Section 2 (General Definitions) amending the definition for Day Care Centers to exclude private schools that provide before and after school care and to conform with Georgia Code Section 20-2-290(b). Attachments 4. ZA-R-219- A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta Georgia by amending Section 2 (General Definitions) by deleting the definition of a Parochial School and combining it with the definition for Private School. Attachments 5. ZA-R-220- A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta Georgia by amending Section 2 (General Definitions) by amending the definition of Private School requiring the owner or institution to conform with Georgia Code Section 20-2-290(b). Attachments PUBLIC SERVICES 6. Motion to approve Amendment #1 to the Tailwind Augusta, LLC Agreement to reflect a name change to Sterling Restaurant & Retail Group, LLC. The Augusta Aviation Commission approved this item at their January 31st Meeting. (Approved by Public Services Committee February 11, 2013) Attachments 7. Motion to approve the assignment of the Public Facilities Lease Agreement by and between Augusta, Georgia and Greenjackets Baseball, LLC (Lake Olmstead Stadium). (Approved by Public Services Committee February 11, 2013) Attachments 8. Motion to approve the selection of Mead and Hunt, Inc. as the Aviation Consultant for the Augusta Regional Airport as approved by the Augusta Aviation Commission at their January 31st Meeting. (Approved by Public Services Committee February 11, 2013) Attachments 9. Motion to approve allowing the Administrator to contact the other two bidders on the Golf Course RFP who wanted to manage the course to determine if they are still interested in working with the City, to allow the City to continue operation of the golf course in the meantime and to receive a report back to the committee in two weeks. (Approved by Public Services Committee February 11, 2013) Attachments ADMINISTRATIVE SERVICES 10. Motion to approve an Ordinance to amend the Augusta Georgia Code for the purpose of providing a uniform policy for the naming and renaming of buildings and properties owned by Augusta, Attachments Georgia. (Approved by Administrative Services Committee February 11, 2013) 11. Motion to approve proposed procedure for authorization of Agreements/Contracts for the Housing and Community Development Department for Program Year 2013 and ask the Law Department to update the bylaws for the HCD Citizens Advisory Committee. (Approved by Administrative Services Committee January 7, 2013) (No action in Commission meeting January 15, 2013) (Approved by Administrative Services Committee February 11, 2013) Attachments 12. Motion to approve proposed procedure for authorization of Agreements/Contracts for the LaneyWalker/Bethlehem Redevelopment by the City Administrator and Mayor. (Approved by Administrative Services Committee January 7, 2013) (No action in Commission meeting January 15, 2013) (Approved by Administrative Services Committee February 11, 2013) Attachments 13. Motion to approve the addition of Veterans Day as a paid holiday for all Augusta, Georgia Employees. (Approved by Administrative Services Committee February 11, 2013) Attachments FINANCE 14. Motion to approve the replacement of one animal containment truck for the Animal Services Department. (Approved by Finance Committee February 11, 2013) Attachments 15. Motion to approve an Amendment to the 2013 Budget for the Sheriff's Department to accept donated funds. (Approved by Finance Committee February 11, 2013) Attachments 16. Motion to approve exercising additional year option in the city's agreement with MAXIMUS to perform Augusta's 2012 Indirect Cost Allocation Study. (Approved by Finance Committee February 11, 2013) Attachments 17. Motion to approve the Augusta Convention Center 2013 Annual Plan. (Approved by Finance Committee February 11, 2013) Attachments 18. Motion to approve the purchase of (1) 2013 Imperial SR4500 Water Wagon from Palfleet Truck Equipment for the Environmental Services Department. (Approved by Finance Committee February 11, 2013) Attachments 19. Motion to approve results for 2012 Augusta Utilities Red Flag Identity Theft Program. (Approved by Finance Committee February 11, 2013) Attachments 20. Motion to approve Excess Worker’s Compensation Insurance with Safety National with Statutory limits with $700,000.00 SIR (self insured retention; otherwise, known as the deductible) for Police and Fire; all others $600,000 for a premium of $243,281. (Approved by Finance Committee February 11, 2013) Attachments ENGINEERING SERVICES 21. Motion to approve an ordinance to amend the Augusta, Georgia Code, Title 4 Chapter 2, section 4-2-2, to provide standards for the unlawful dumping or storing of solid waste, or the accumulation of weeds and noxious vegetation on vacant lots and unoccupied parcels of land. (Approved by Engineering Services Committee February 11, 2013) Attachments 22. Motion to increase the funding for approved RFQ #11-130: Task Order Program for Infrastructure for the City of Augusta - Utilities Department in the amount of $1,500,000.00 for execution by CMI, Inc., Blair Construction, Inc., Eagle Utilities, and Quality Storm Water Solutions as qualified and selected contractors for subject RFQ. (Approved by Engineering Services Committee February 11, 2013) Attachments 23. Motion to approve the proposed Neighborhood Clean-Up Program as submitted by the Environmental Services Department. (Approved by Engineering Services Committee February 11, 2013) Attachments 24. Motion to approve and accept the Noland Connector Roadway and associated improvements within the road right-of-way into Augusta, Georgia’s Public Roadway System, upon receipt of its certified plat & proof of ownership, deed of dedication, and other required legal documentation as determined by Augusta Engineering Department and Augusta Utility Department. (Approved by Engineering Services Committee February 11, 2013) Attachments 25. Motion to approve an Option for the purposes of acquiring a Right-of- Way between Michael H. Murphy, as owners, and Augusta, Georgia, as optionee, in connection with the Windsor Spring Road Phase V Project, 0.023 acre (990.27 sq. ft.) in fee simple and 0.010 acre (431.82 sq. ft.) of permanent construction & maintenance easement, more or less. Also granted is a temporary driveway easement on Project Windsor Spring Road, Phase V, STP00-1105-00(004) from property located at: 4660 Windsor Spring Road, private, at the purchase price of $550.00. (Approved by Engineering Services Committee February 11, 2013) Attachments 26. Motion to determine that a portion of Windsor Spring Road (0.42 Acres located south of and adjacent to the parcel identified as map and parcel #142-0-002-01-0 known as 3558 Windsor Spring Road) has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, and to adopt a resolution abandoning said right of way, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law. (Approved by Engineering Services Committee September 10, 2012) (Approved by Engineering Services Committee February 11, 2013) Attachments PETITIONS AND COMMUNICATIONS 27. Motion to approve the minutes of the regular meeting of the Commission held February 5, 2013 and Special Called Meeting held February 11, 2013. Attachments APPOINTMENT(S) 28. Motion to approve the appointment of Mr. Bob Finnegan to the Personnel Board due to the resignation of Mr. Donnie Smith for the unexpired term ending March 31, 2016 representing District Attachments 6. (Requested by Commissioner Jackson) ****END CONSENT AGENDA**** AUGUSTA COMMISSION 2/19/2013 AUGUSTA COMMISSION REGULAR AGENDA 2/19/2013 (Items 29-32) PUBLIC SERVICES 29. Motion to approve Choate Construction Modification #10 - New Fixed Base Operation (FBO) Closeout as approved by the Augusta Aviation Commission at their January 31st Meeting. (No recommendation from Public Services Committee February 11, 2013) Attachments FINANCE 30. Motion to consider a request from Mr. Rayonta Whitfield on behalf of the Augusta Boxing Club regarding a tax refund of 2012 property taxes with proper documentation to be submitted. (No recommendation from Finance Committee February 11, 2013) Attachments OTHER BUSINESS 31. Motion to approve 2013 proposed salary supplements/adjustments for Solicitor General Kelli Kenner-McIntyre and Sheriff Richard Roundtree. (Requested by Commissioner Marion Williams) Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. Upcoming Meetings www.augustaga.gov 32. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 2/19/2013 5:00 PM Invocation Department: Caption:Bishop Rosa Williams, Pastor, Ever Faithful Baptist Church Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 1 Commission Meeting Agenda 2/19/2013 5:00 PM Buffalo Soldiers Department:Clerk of Commission Caption:Presentation from the Buffalo Soldiers to the Augusta Recreation, Parks and Facilities Department. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 2 Attachment number 1 \nPage 1 of 1 Item # 2 Commission Meeting Agenda 2/19/2013 5:00 PM 2012 Employee of the Year Department:Clerk of Commission Caption:Congratulations! Ms. Patricia L. Ystenes, Administrative Assistant for the Fleet Management Department, 2012 Employee of the Year. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 3 Attachment number 1 \nPage 1 of 1 Item # 3 Commission Meeting Agenda 2/19/2013 5:00 PM Augusta Fire Department Department: Caption:Recognition of firefighters Lt. Daniel Rigdon, Lt. Ralph Jenkins, FF Adam Krebs, FF Mary Guest  and FF Travis Petrea for rescuing John Thompson (3-year old child) on Sunday evening February 3rd from a burning house at 527 Carr Street. Background:The toddler remains in critical condition at Georgia Regents Medical Center. The fire started sometime after 8 pm. while he was sleeping in a front bedroom. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 4 Commission Meeting Agenda 2/19/2013 5:00 PM Debra Williams Department:Clerk of Commission Caption:Debra Williams, Lieutenant Colonel, United States Army Retired (Requested by Commissioner Lockett) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 5 Attachment number 1 \nPage 1 of 1 Item # 5 Commission Meeting Agenda 2/19/2013 5:00 PM Johnny Patterson and Johnny Travis Department:Clerk of Commission Caption:Johnny Patterson, 2d State Jr. Vice Commander of Georgia Mr. Johnny Travis, Georgia State Chief of Staff (Requested by Commissioner Lockett) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 6 Attachment number 1 \nPage 1 of 1 Item # 6 Commission Meeting Agenda 2/19/2013 5:00 PM Z-13-07 Department:Planning Commission Caption: Z-13-07 - A request for concurrence with the Augusta Georgia Planning Commission to approve with the following conditions 1) that a 400 foot natural buffer be maintained adjacent to the rear property lines of those parcels located on the easternmost side of Lewis Acres Subdivision and 2) that a 100 foot natural buffer be maintained adjacent to the rear property lines of those parcels located on the northernmost side of Lewis Acres Subdivision; a petition by the Augusta Economic Development Authority requesting a change of zoning from Zone A (Agriculture) and Zone HI (Heavy Industry) with conditions to Zone HI on property containing approximately 1796 acres and known as 4760 Mike Padgett Highway. (Tax Maps 323-0-039-01-0 and 323-0- 039-03-0) DISTRICT 8 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 7 Commission Meeting Agenda 2/19/2013 5:00 PM ZA-R-217 Department:Planning Commission Caption: ZA-R-217 - A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta Georgia by adding to Section 23-1 (Light Industry - Permitted Uses) by adding animal kennels as a permitted use and deleting it from Section 24- 1 (Heavy Industry – Permitted Uses). Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 8 ORDINANCE ______ An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta-Richmond County Commission effective September 16, 1997 by amending Section 23 (Permitted Uses) THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTIO I. That the Comprehensive Zoning Ordinance is amended by adding the following language in Section 23-1 (Permitted Uses) (7) Animal Kennel SECTIO II . All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta-Richmond County Commission this ______ day of __________________, 2013. __________________________________________ MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: ________________________________________ LENA BONNER, CLERK First Reading: ____________________________ Second Reading: __________________________ Attachment number 1 \nPage 1 of 1 Item # 8 Commission Meeting Agenda 2/19/2013 5:00 PM ZA-R-218 Department:Planning Commission Caption: ZA-R-218 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta Georgia by amending Section 2 (General Definitions) amending the definition for Day Care Centers to exclude private schools that provide before and after school care and to conform with Georgia Code Section 20-2-290(b). Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 9 ORDINANCE ______ An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta-Richmond County Commission effective September 16, 1997 by amending Section 2 (General Definitions) THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTIO I. That the Comprehensive Zoning Ordinance is amended by deleting the following language in Section 2 (General Definitions) "DAY CARE CETER" shall mean any place operated by a person, society, agency, corporation, institution or group wherein are received for pay for group care, for fewer than 24 hours per day without transfer of legal custody 19 or more children under 18 years of age. SECTIO II. That the Comprehensive Zoning Ordinance is amended by adding the following language in Section 2 (General Definitions) "DAY CARE CETER" shall mean any place operated by a person, society, agency, corporation, institution or group wherein are received for pay for group care, for fewer than 24 hours per day without transfer of legal custody 19 or more children under 18 years of age. The term shall not include a private school which provides kindergarten through grade 12 education and provides both before and after school care for its students as an auxiliary service during the regular school year only. SECTIO III . All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta-Richmond County Commission this ______ day of __________________, 2013. __________________________________________ MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA Attachment number 1 \nPage 1 of 2 Item # 9 ATTEST: ________________________________________ LENA BONNER, CLERK First Reading: ____________________________ Second Reading: __________________________ Attachment number 1 \nPage 2 of 2 Item # 9 Commission Meeting Agenda 2/19/2013 5:00 PM ZA-R-219 Department:Planning Commission Caption: ZA-R-219- A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta Georgia by amending Section 2 (General Definitions) by deleting the definition of a Parochial School and combining it with the definition for Private School. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 10 ORDINANCE ______ An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta-Richmond County Commission effective September 16, 1997 by amending Section 2 (General Definitions) THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTIO I. That the Comprehensive Zoning Ordinance is amended by deleting the following language and combining it with the definition of “Private School” in Section 2 (General Definitions) "PAROCHIAL SCHOOL" shall mean a facility that provides a curriculum of elementary and/or secondary academic instruction that is owned and operated by a religious institution. SECTIO I . All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta-Richmond County Commission this ______ day of __________________, 2013. __________________________________________ MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: ________________________________________ LENA BONNER, CLERK First Reading: ____________________________ Second Reading: __________________________ Attachment number 1 \nPage 1 of 1 Item # 10 Commission Meeting Agenda 2/19/2013 5:00 PM ZA-R-220 Department:Planning Commission Caption: ZA-R-220- A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta Georgia by amending Section 2 (General Definitions) by amending the definition of Private School requiring the owner or institution to conform with Georgia Code Section 20-2-290(b). Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 11 ORDINANCE ______ An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta-Richmond County Commission effective September 16, 1997 by amending Section 2 (General Definitions) THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTIO I. That the Comprehensive Zoning Ordinance is amended by deleting the following language in Section 2 (General Definitions) "PRIVATE SCHOOL" shall mean a facility that provides a curriculum of elementary and/or secondary academic instruction that is owned and operated by a private entity. SECTIO II. That the Comprehensive Zoning Ordinance is amended by adding the following language in Section 2 (General Definitions) "PRIVATE SCHOOL" shall mean an institution which meets the following criteria: o The primary purpose of the institution is to provide the basic academic educational program which includes, but is not limited to, reading, language arts, mathematics, social studies and science. o The institution is not publically controlled and operates on a continuous basis and; o The institution provides instruction each 12 months for the equivalent of 180 days of education with each school day consisting of at least four and one-half hours per day. SECTIO III . All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta-Richmond County Commission this ______ day of __________________, 2013. __________________________________________ MAYOR, AUGUSTA COMMISSION Attachment number 1 \nPage 1 of 2 Item # 11 AUGUSTA, GEORGIA ATTEST: ________________________________________ LENA BONNER, CLERK First Reading: ____________________________ Second Reading: __________________________ Attachment number 1 \nPage 2 of 2 Item # 11 Commission Meeting Agenda 2/19/2013 5:00 PM Amendment #1 to the Tailwind Augusta, LLC Agreement Department:Augusta Regional Airport Caption:Motion to approve Amendment #1 to the Tailwind Augusta, LLC Agreement to reflect a name change to Sterling Restaurant & Retail Group, LLC. The Augusta Aviation Commission approved this item at their January 31st Meeting. (Approved by Public Services Committee February 11, 2013) Background:On August 10, 2011, the Airport entered into a five year concession agreement with Tailwind Augusta, LLC to operate the retail, food and beverage concessions located at the Augusta Regional Airport. On October 15, 2012, the concessionaire filed a certificate of amendment with the State of Georgia to change its name from Tailwind Augusta, LLC to Sterling Restaurant & Retail Group, LLC. Analysis:Tailwind Augusta, LLC has legally changed the company name to Sterling Restaurant & Retail Group, LLC. A copy of the formal notification is attached along with a signed copy of the first amendment to the original concession agreement. The Airport Attorney has reviewed and approved the amendment. Financial Impact:This will have no financial effect on the original contract. Alternatives:Deny request. Recommendation:Approve the first amendment to the Tailwind Augusta, LLC agreement to reflect the company’s name change to Sterling Restaurant & Retail Group LLC. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo Item # 12 Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 12 FIRST AMENDMENT TO TAILWIND DELI NEWS AND GIFTS: 678234_ 1 Page 1 of 4 FIRST AMEDMET TO THE AGREEMET FOR THE LEASE AD OPERATIO OF RETAIL, FOOD AD BEVERAGE COCESSI OS BETWEE TAILWID AUGUSTA, LLC AD THE CITY OF AUGUSTA FOR THE AUGUSTA REGIOAL AIRPORT AUGUSTA, GEORGIA This First Amendment to the Lease and Operation of Retail, Food, and Beverage Concessions Agreement at Augusta Regional Airport, made and entered into this ______ day of ______________, 2013, between Augusta-Richmond County, Augusta, Georgia for Augusta Regional Airport and Sterling Restaurant & Retail Group, LLC , a Georgia Limited Liability Corporation, formerly known as Tailwind Augusta, LLC (hereinafter referred to as “Concessionaire”). WHEREAS, on August 10, 2011, Augusta-Richmond County, Augusta, Georgia for Augusta Regional Airport and Tailwind Augusta, LLC entered into a five year Concessions Agreement, commencing on June 3, 2011 and terminating on June 2, 2016 for the Operator to manage the Retail, Food, and Beverage Concessions located at Augusta Regional Airport; and WHEREAS, on October 15, 2012, Concessionaire filed a certificate of Amendment with the Georgia Secretary of State to change its name from Tailwind Augusta, LLC to Sterling Restaurant & Retail Group, LLC; and WHEREAS, the Parties desire to amend certain terms of the Agreement as set forth hereinafter; and Attachment number 1 \nPage 1 of 4 Item # 12 FIRST AMENDMENT TO TAILWIND DELI NEWS AND GIFTS: 678234_ 1 Page 2 of 4 OW, THEREFORE, in consideration of the inducements, mutual covenants and conditions herein contained, the Parties have agreed to amend the Agreement as follows: 1. All provisions of Agreement that refer to Tailwinds Augusta LLC, are hereby amended to refer to Sterling Restaurant & Retail Group, LLC. Formal notification submitted by the Concessionaire is attached (Attachment 1) and is made a part of this First Amendment. 2. Section 20.17, Notices, is hereby amended to change the name and address of Concessionaire as follows: Sterling Restaurant & Retail Group, LLC 1109 Arboretum Drive Wilmington, North Carolina, 28405 Doug DeLise Phone: 910-232-4014 doug@airport-concessions.com 3. All other terms and conditions of the Agreement shall remain the same except as specifically amended herein. In Witness whereof, the Parties have caused this First Amendment of the Retail, Food, and Beverage Concessions Agreement to be executed this ____ day of ____________, 2013. Augusta, Georgia _________________________ _________________________________ Augusta Aviation Commission Sterling Restaurant & Retail Group, LLC Attachment number 1 \nPage 2 of 4 Item # 12 FIRST AMENDMENT TO TAILWIND DELI NEWS AND GIFTS: 678234_ 1 Page 3 of 4 ATTACHMENT A Attachment number 1 \nPage 3 of 4 Item # 12 FIRST AMENDMENT TO TAILWIND DELI NEWS AND GIFTS: 678234_ 1 Page 4 of 4 Attachment number 1 \nPage 4 of 4 Item # 12 Commission Meeting Agenda 2/19/2013 5:00 PM Assignment of Public Facilities Lease Agreement by and Between Augusta, Georgia and Greenjackets Baseball, LLC. Department:Recreation, Parks and Facilities Caption:Motion to approve the assignment of the Public Facilities Lease Agreement by and between Augusta, Georgia and Greenjackets Baseball, LLC (Lake Olmstead Stadium). (Approved by Public Services Committee February 11, 2013) Background:The Board of Commissioners of Richmond County, Georgia and the City Council of Augusta, Georgia as lessor, and Scripps Baseball Group, Inc. as lessee, entered into a Public Facility Lease Agreement dated May 9, 1994 which has been subsequently amended on September 6, 1994; June 23, 1998; and April 12, 2004 (collectively, the "Lease"). Analysis:The present lessee and tenant, Augusta Professional Baseball LLC (the "Assignor") desires to assign the lease agreement as amended to Greenjackets Baseball, LLC. to facilitate the transfer of ownership of the baseball club. Financial Impact:All terms and conditions of the amended lease are in effect including the payment of rent which remains at $25,000 annually. Alternatives:1. To Approve the assignment of the Public Facilities Lease Agreement by and between Augusta, Georgia and Greenjackets Baseball, LLC. 2. Move No Action Recommendation:1. To Approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY:Cover Memo Item # 13 Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 13 BIZ\wec.007428.47721.012.Assignment of Public Facilities Lease Agr.v01.jaw.doc Page 1 ASSIGMET OF PUBLIC FACILITIES LEASE AGREEMET BY AD BETWEE AUGUSTA, GEORGIA AD GREEJACKETS BASEBALL, LLC (LAKE OLMSTEAD STADIUM) WHEREAS, the Board of Commissioners of Richmond County, Georgia and the City Council of Augusta, Georgia, as lessor (the “Landlord”), and Scripps Baseball Group, Inc. as lessee, entered into a Public Facility Lease Agreement dated May 9, 1994 which has been subsequently amended on September 6, 1994; June 23, 1998; and April 12, 2004 (collectively, the “Lease”); and WHEREAS, the present lessee and tenant, Augusta Professional Baseball LLC (the “Assignor”), desires to assign said lease agreement as amended to GreenJackets Baseball, LLC, a Georgia limited liability company (the “Assignee”); and, WHEREAS, the “Landlord, which cannot unreasonably withhold its consent to said assignment, has reviewed the request for an assignment made by the Assignor and the Assignee; and WHEREAS, all conditions precedent to this assignment which are recited in Section 25 of said Lease, including the approval in writing of the South Atlantic League, the National Association of Professional Baseball Leagues, Inc. and Major League Baseball, Inc. have or will be obtained; and WHEREAS, Assignee and Landlord expressly agree to the incorporation herein by reference of the terms and conditions of the Lease. NOW, THEREFORE, in consideration of the recitals herein above made and the mutual covenants hereinafter contained, the duties to be undertaken by GreenJackets Baseball, LLC, as Assignee, and the monies to be paid, Augusta Professional Baseball LLC, as Assignor, and GreenJackets Baseball, LLC as Assignee and Augusta, Georgia, as Landlord, do by this Agreement, specifically agree to the assignment of said Lease to GreenJackets Baseball, LLC: 1. Effective Date. The effective date of this assignment shall be [January __], 2013 and the first payment of rent due Augusta, Georgia as lessor shall be timely made commencing on April 30, 2013. 2. Assignment. Assignor does hereby assign, transfer, and set over unto Assignee, all of its right, title, and interest in and to the Lease and in and to the Facility, upon the terms and conditions set forth herein. Assignee agrees to perform all duties and obligations of the Tenant under the Lease arising on or after the date hereof. Assignor shall remain liable for any obligations of the Tenant that arose prior to the date hereof. 3. Landlord’s Covenants. Landlord joins in this Assignment to indicate its consent to the assignment herein made by Assignor to Assignee, under the terms and conditions set forth above, and hereby: Attachment number 1 \nPage 1 of 3 Item # 13 BIZ\wec.007428.47721.012.Assignment of Public Facilities Lease Agr.v01.jaw.doc Page 2 (a) Certifies that, as of the date hereof, Assignor is not in default under any terms of the Lease, nor is there any event or occurrence which, to its knowledge, with the giving of notice and/or passage of time would constitute a default by Assignor under the terms of the Lease; (b) Certifies that Landlord has full power and authority to execute and deliver this instrument and to lease the Facility; and (c) Acknowledges its release, as of the date hereof, of Assignor from any and all further obligation and/or liability arising under the rents and obligations under the Lease from and after the date hereof. 4. otices. That the "Notices section" of said lease is amended to provide that all notices under the lease shall be forwarded to the following addresses: For the lessee/assignee, Augusta Professional Baseball, LLC: GreenJackets Baseball, LLC 78 Milledge Road Augusta, Georgia 30904 Attention: Jeff Eiseman Phone: 706.736.7889 Fax: 706.736.1122 For any notices to Augusta: Augusta, Georgia 530 Greene Street Augusta, Georgia 30911 Attention: Mr. Fred Russell, Administrator Phone: 706.821.2400 Fax: 706.821.2819 and to: Augusta Recreation and Parks Department 2027 Lumpkin Road Augusta, Georgia 30906 Attention: William P. Shanahan, Deputy Administrator Phone: 706.796.5025 Fax: 706.796.4099 5. Counterparts. This Assignment may be executed by the parties in one or more counterparts, each of which shall be binding against the signatory and all of which taken together shall constitute one instrument. Attachment number 1 \nPage 2 of 3 Item # 13 BIZ\wec.007428.47721.012.Assignment of Public Facilities Lease Agr.v01.jaw.doc Page 3 The Lease otherwise remains effective between the parties, as written. WHEREFORE, the above-referenced parties have hereunto caused these presents to be executed by and through their authorized officials and the seals of said limited liability companies affixed and the seal of Augusta, Georgia to be affixed, this ____ day of _____________, 2012. Assignor: Augusta Professional Baseball LLC By: ____________________________ As its: __________________________ ___________________________ Witness ___________________________ Notary Public Assignee: GreenJackets Baseball, LLC By: ____________________________ As its: __________________________ ___________________________ Witness ___________________________ Notary Public Augusta, Georgia By: ____________________________ As its: __________________________ Attest: ____________________________ Clerk of Commission Attachment number 1 \nPage 3 of 3 Item # 13 Commission Meeting Agenda 2/19/2013 5:00 PM Aviation Consulting Services Selection Department:Augusta Regional Airport Caption:Motion to approve the selection of Mead and Hunt, Inc. as the Aviation Consultant for the Augusta Regional Airport as approved by the Augusta Aviation Commission at their January 31st Meeting. (Approved by Public Services Committee February 11, 2013) Background:The Federally approved contract period for Campbell & Paris, Augusta Regional Airport’s consulting engineer of record has run its term. RFQ Item #12-216 was advertised as required and opened for evaluation on November 30, 2012, and phase I evaluations were completed on January 16, 2013. The following submittals were evaluated: Robert and Company, AVCON, Inc., Prime Engineering, Inc., Mead and Hunt, Inc., Michael Baker Jr., Inc. Campbell & Paris was ruled non-compliant by the Richmond County Procurement Dept., and eliminated from the process through a bid protest letter. Analysis:The initial phase one evaluation or short listing was accomplished by a staff committee on January 16, 2013 and an interview process was scheduled for January 29, 2013, for the finalists. They are as follows: Mead and Hunt, Inc. Michael Baker Jr., Inc. Prime Engineering, Inc. The Phase II evaluation was conducted with live interviews and the staff committee ranked them in the same order with Mead and Hunt being recommended to the Augusta Aviation Committee for selection and contract negotiations per the Federal, State and County policy on consultant selection processing. In attendance, observing but not voting in the phase II interviews were members of the Augusta Aviation Commission’s Engineering and Construction Committee. Financial Impact:to be determined through contract negotiations. Alternatives:Deny request. Recommendation:The Richmond County Procurement Department and their staff Cover Memo Item # 14 evaluation committee along with the Augusta Aviation Commission and airport Staff recommends the approval of the proposed selection of Mead and Hunt, Inc. for final negotiations and direct airport staff to bring a recommended contract back to the Augusta Aviation Commission at the February 2013 meeting. Funds are Available in the Following Accounts: N/A at this time. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 14 Attachment number 1 \nPage 1 of 1 Item # 14 VENDORS Attachment B E-Verify SAVE Form Addendum 1 Original 7 Copies Campbell & Paris Engineers 4215 LaFayette Center Drive, Ste 2 Chantilly, VA 20151 YES 404957 YES NO/Non- Compliant YES YES Robert and Company 229 Peachtree Street, NE International Tower Ste 2000 Atlanta, GA 30303 YES 131272 YES YES YES YES AVCON, Inc 5555 E. Michigan Street, Suite 200 Orlando, FL 32822 YES 402816 YES YES YES YES Prime Engineering, Inc. 3715 Northside Pkwy NW 300 Atlanta, GA 30327 YES JSKA7299 YES YES YES YES Mead and Hunt, Inc 307 W. Main Street Lexington, SC 29072 YES 244747 YES YES YES YES Michael Baker Jr., Inc 700 Huger Street Columbia, SC 29201 YES 406250 YES YES YES YES RFQ Opening RFQ Item #12-216 Aviation Consultant Services for Augusta, Georgia - Augusta Regional Airport RFQ Due: Friday, November 30, 2012 @ 11:00 a.m. The following vendors did not respond: Cranston Engineering / 452 Ellis Street / Augusta, GA 30901 Heery International / 999 Pechtree Street, NE / Atlanta, GA 30303 Page 1 of 1 Attachment number 2 \nPage 1 of 1 Item # 14 EVALUATION CRITERIA: Robert and Company 229 Peachtree Street, NE International Tower Suite 2000 Atlanta, GA 30303 AVCON, Inc. 5555 E. Michigan Street, Suite 200 Orlando, FL 32822 Prime Engineering, Inc. 3715 Northside Pkwy NW 300 Atlanta, GA 30327 Mead and Hunt, Inc. 307 W. Main Street Lexington, SC 29072 Michael Baker Jr., Inc. 700 Huger Street Columbia, SC 29201 Eval 1 86 94 96 84 95 Eval 2 86 81 89 95 92 Eval 3 88 87 89 91 90 Eval 4 83 69.5 75 95 92 Eval 5 83 84 95 88 90 TOTAL 426 415.5 444 453 459 Phase I Average Total 85.2 83.1 88.8 90.6 91.8 Presentations 3 1.25 1.75 Cumulative Phase I - Evaluation Sheet RFQ Item #12-216 - Aviation Consultant Services for Augusta, Georgia - Augusta Regional Airport Evaluation Committee Comments:During Phase I Prime Engineering,Inc.,Mead and Hunt,Inc.and Michael Baker Jr.,Inc.received the highest scores and were therefore shortlisted and invited to participate in Phase II of the evaluation process.During Phase II of the evaluation process,each company was ranked on their presentation by the committee members with their number 1 choice receiving a 1. The cumulative totals are listed in Phase II. Cumulative Phase II - Presentations (Ranking in order of preference - 1 being the number one choice) Attachment number 3 \nPage 1 of 1 Item # 14 Attachment number 4 \nPage 1 of 1 Item # 14 Attachment number 5 \nPage 1 of 4 Item # 14 Attachment number 5 \nPage 2 of 4 Item # 14 Attachment number 5 \nPage 3 of 4 Item # 14 Attachment number 5 \nPage 4 of 4 Item # 14 Attachment number 6 \nPage 1 of 4 Item # 14 Attachment number 6 \nPage 2 of 4 Item # 14 Attachment number 6 \nPage 3 of 4 Item # 14 Attachment number 6 \nPage 4 of 4 Item # 14 Attachment number 7 \nPage 1 of 2 Item # 14 Attachment number 7 \nPage 2 of 2 Item # 14 Commission Meeting Agenda 2/19/2013 5:00 PM Golf Course Contract Department:Clerk of Commission Caption:Motion to approve allowing the Administrator to contact the other two bidders on the Golf Course RFP who wanted to manage the course to determine if they are still interested in working with the City, to allow the City to continue operation of the golf course in the meantime and to receive a report back to the committee in two weeks. (Approved by Public Services Committee February 11, 2013) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 15 Attachment number 1 \nPage 1 of 1 Item # 15 Commission Meeting Agenda 2/19/2013 5:00 PM Contract Modification #10 – Choate Construction Company Department:Augusta Regional Airport Caption:Motion to approve Choate Construction Modification #10 - New Fixed Base Operation (FBO) Closeout as approved by the Augusta Aviation Commission at their January 31st Meeting. (No recommendation from Public Services Committee February 11, 2013) Background:The Augusta Aviation Commission awarded a contract to Choate Construction Company on June 30, 2011, for the construction of the new Fixed Base Operation (FBO) building at the Augusta Regional Airport. The original contract was for $5,045,461.00. Analysis:Contract Modification #10 is the Airport’s request for Choate to apply final credits for the contract closeout. The details of the credits are explained in the attached supporting documents. Original Contract $5,045,461.00 Previous Contract Modifications $ 371,746.97 Contract Modification 10 ($89,874.74) Revised Contract Total $5,327,333.23 The original project budget included $100,000.00 in the Owner’s contingency for a total project budget of $5,145,461.00. Due to the modifications, the project budget was exceeded by $181,872.23 (3.5%). Financial Impact:A credit in the amount of $89,874.74. Alternatives:Deny request. Recommendation:Approve the Choate Construction Company Change Modification #10 - Closeout - with a credit of $89,874.74. Funds are Available in the Following Accounts: 551-08-1206/54-13130 REVIEWED AND APPROVED BY: Cover Memo Item # 16 Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 16 C&PE Project #: 0733-18 Contract Modification #10 Page 1 of 2 Contract Modification #10 Airport: Augusta Regional Airport Date Initiated:22 January 2013 Owner: City of Augusta Project: New FBO Terminal Contractor: Choate Construction Company Project Number: 0733-17 The contractor is requested to perform the following work described upon receipt of an approved copy of this document or as directed by the engineer. Item # Choate Contract Mod #Description Unit Quantity Line Item Price 1 77 Flex 650 Concrete Settlement LS 1 ($25,500.00) 2 78 Owner Savings Credit LS 1 ($64,374.74) ($89,874.74) Total Contract Amount Original Contract Total $5,045,461.00 Previous Contract Modification Total (CM #1 -9)$371,746.97 This Contract Modification Total (CM #10)($89,874.74) Revised Contract Total $5,327,333.23 Total Contract Time Original Contract Time 250 calendar days Changes to Contract Time from Previous Contract Modifications 89 calendar days Changes to Contract Time from This Contract Modification 0 calendar days Revised Contract Time Total 339 calendar days This document shall become an amendment to the contract and all provisions of the contract will apply. Justification for Change Brief description of the proposed contract changes and locations: 1.Flex 650 Concrete Settlement.This COP is issued to reflect the agreement between Choate and the Owner to provide a credit to resolve the issue related to P-501 Flex 650 concrete acceptance.This COP is a credit to the contract amount by $25,500.00. Refer to Choate Change Order Proposal #77. 2.Owner Savings Credit.This COP is issued to reconcile the Owner’s share (70%) of the savings in associated with the contract agreement between Augusta –Richmond County, Georgia and Choate Construction.This COP is a credit tothe contract amount by $64,374.74. Refer to Choate Change Order Proposal#78. Attachment number 1 \nPage 1 of 4 Item # 16 C&PE Project #: 0733-18 Contract Modification #10 Page 2 of 2 A breakdown of the credit is as follows: Final Project Costs (Referenced attached Job Cost Detail):$5,024,286.06Final Management Fee:$ 275,458.00Final Cost + Management Fee:$5,299,744.06 Final Contract Amount (Through CO#9):$5,391,707.97 Total Savings:$91,963.91Owner’s Share of Savings (70%):$ 64,374.74 Final Pay Application Amount (Cost +Fee -Owner Savings)$5,327,333.23 Recommended by:___________________________________Campbell & Paris Engineers January 22,2013Date Accepted by:___________________________________Choate Construction Company ____________Date Approved by:___________________________________Augusta Regional Airport ____________Date Approved by: _____________________________________City of Augusta _____________Date Submit 4 original copies to the City of Augusta. Attachment number 1 \nPage 2 of 4 Item # 16 Attachment number 1 \nPage 3 of 4 Item # 16 Attachment number 1 \nPage 4 of 4 Item # 16 Commission Meeting Agenda 2/19/2013 5:00 PM Building and Property Naming and Renaming Policy Department:Planning and Development Caption:Motion to approve an Ordinance to amend the Augusta Georgia Code for the purpose of providing a uniform policy for the naming and renaming of buildings and properties owned by Augusta, Georgia. (Approved by Administrative Services Committee February 11, 2013) Background:Naming of building and properties has been done on an unorganized case by case basis. The Administrator requested the Department to review other ordinances and propose a policy for Augusta. Analysis:Naming of building and properties has been done on an unorganized case by case basis. The Administrator requested the Department to review other ordinances and propose a policy for Augusta. Financial Impact:None Alternatives:Approve changes as needed or take no action Recommendation:Approve Funds are Available in the Following Accounts: None REVIEWED AND APPROVED BY: Cover Memo Item # 17 Attachment number 1 \nPage 1 of 3 Item # 17 Attachment number 1 \nPage 2 of 3 Item # 17 Attachment number 1 \nPage 3 of 3 Item # 17 Commission Meeting Agenda 2/19/2013 5:00 PM Proposed Procedure for Authorization of Agreements/Contracts for the Housing and Community Development Department for Program Year 2013 Department:Housing and Community Development Department (AHCDD) Caption:Motion to approve proposed procedure for authorization of Agreements/Contracts for the Housing and Community Development Department for Program Year 2013 and ask the Law Department to update the bylaws for the HCD Citizens Advisory Committee. (Approved by Administrative Services Committee January 7, 2013) (No action in Commission meeting January 15, 2013) (Approved by Administrative Services Committee February 11, 2013) Background:Each year the City receives Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), HOME Investment Partnership (HOME), and Housing Opportunities for Persons with AIDS (HOPWA), Neighborhood Stabilization Program (NSP 1 and 3), and Homeless Prevention and Rapid Re- Housing Program (HPRP) funds from the U. S. Department of Housing and Urban Development. These funds are used to fund agencies and projects to assist low to moderate income persons and revitalize low-income neighborhoods. The Housing and Community Development Department (HCDD) annually solicits proposals from agencies and develops CDBG, ESG, HOME and HOPWA budgets which are incorporated into the City’s Annual Action Plan that is presented to the Augusta Commission for approval. To carry out the projects presented in the Action Plan, HUD requires the City to have agreements with each agency that is to be funded. If a project involves construction, a construction contract and/or professional service contracts may also be required. HUD regulations require grantees to meet a federally mandated spend-down threshold (Timeliness Standard). It is calculated by HUD each year at the end of October. In the past, Augusta has been challenged with complying with this regulation and has faced funding reductions for its failure to comply. Unfortunately, Congress failure to approve a federal budget in a timely manner for its entitlement communities to receive grant agreements early in the year is not an acceptable reason for failing to meet this expenditure requirement. As you will note by Attachment 1 (Funding Approval/Agreement), Cover Memo Item # 18 Augusta did not receive its approved agreement until mid-April of this year (2012). Funds were not available until mid-May. On October 5, 2012 we received an email from the Atlanta Director of HUD’s Office of Community Planning and Development (Attachment 2), stating concerns that our rate of expending funds would cause us to not meet the spend-down mandate. I am happy to state that we “met” the spend-down mandate. This was due to the contract/agreement approval process that was approved by the Commission on July 10, 2007, see Attachment 3. To facilitate the execution of agreements/contracts, we are proposing the following Agreement/Contract Execution Procedure for the Housing and Community Department for Program Year 2013: Once the Consolidated Plan/Action Plan is approved by Commission: Mayor will be given authorization to execute all necessary Grant Agreements relative to the approved Consolidated Plan/Annual Plan as required by HUD;The Mayor, City Administrator and Director of HCDD will be given authorization to execute all the necessary agency grant agreements and contracts required to implement the Consolidated Plan/Annual Action Plan as approved by the Commission. All documents other than Forms HUD-7082 and HUD-40093 which require only the Mayor’s signature, must require signatures of all (3) parties. All City of Augusta Procurement Policies will be complied with and acknowledgement given by the appropriate staff of the Procurement Department. Analysis:The current process has worked well. However, it is the recommendation of Legal Counsel that the process should be approved with the time frame specified as referenced (Program Year 2013). Financial Impact:Approval of the proposed procedure will facilitate the expenditure of funds in a timely manner so as to comply with HUD’s Timeliness Standard. Alternatives:None recommended. Recommendation:Approve Procedure for Authorization of Agreements/Contracts for the Housing and Community Development Department. Funds are Available in the Following Accounts: Funds are available in the respective HUD Program Accounts. REVIEWED AND APPROVED BY: Cover Memo Item # 18 Cover Memo Item # 18 Attachment number 1 \nPage 1 of 6 Item # 18 Attachment number 1 \nPage 2 of 6 Item # 18 Attachment number 1 \nPage 3 of 6 Item # 18 Attachment number 1 \nPage 4 of 6 Item # 18 Attachment number 1 \nPage 5 of 6 Item # 18 Attachment number 1 \nPage 6 of 6 Item # 18 Attachment number 2 \nPage 1 of 1 Item # 18 Attachment number 3 \nPage 1 of 7 Item # 18 Attachment number 3 \nPage 2 of 7 Item # 18 Attachment number 3 \nPage 3 of 7 Item # 18 Attachment number 3 \nPage 4 of 7 Item # 18 Attachment number 3 \nPage 5 of 7 Item # 18 Attachment number 3 \nPage 6 of 7 Item # 18 Attachment number 3 \nPage 7 of 7 Item # 18 Commission Meeting Agenda 2/19/2013 5:00 PM Proposed Procedure for Authorization of Agreements/Contracts for the Laney Walker/Bethlehem Redevelopment by the City Administrator and Mayor Department:Housing and Community Development Department (AHCDD) Caption:Motion to approve proposed procedure for authorization of Agreements/Contracts for the LaneyWalker/Bethlehem Redevelopment by the City Administrator and Mayor. (Approved by Administrative Services Committee January 7, 2013) (No action in Commission meeting January 15, 2013) (Approved by Administrative Services Committee February 11, 2013) Background:In 2008, the Augusta Commission passed legislation supporting community development in Laney Walker/Bethlehem. Included in this legislation was the formation of an Urban Redevelopment Authority which ultimately issued bonds to provided financing for the rehabilitation and redevelopment activities in the Laney Walker/Bethlehem area. Augusta has provided oversight and implemented the urban redevelopment plan, generally referred to as the Laney Walker/Bethlehem Redevelopment Project. Since that time, the Augusta Housing & Community Development Department has developed a master plan and development guidelines for the area, set up a financial incentives program for developers and home buyers, selected a team of development partners to focus on early-phase catalytic construction, and created a marketing strategy to promote the overall effort. While still in the early stages of a long term revitalization program, Laney Walker/Bethlehem has already caught the eye of Harvard University’s School of Design, which, in its Student Journal on Real Estate, recently touted Augusta’s project as potentially a “game-changing” national model for public-private partnerships. This ambitious redevelopment project was the recent recipient of Georgia Planning Association’s 2011 Outstanding Implementation award and has been a showcase at national conferences ranging from New Partners for Smart Growth to the American Planning Association to the American Architectural Foundation. The Housing and Community Development Department, in conjunction with the City’s Purchasing Dept., issued a Request for Qualifications (RFQ) for developers, builders, architects, engineers, realtors, and marketing firms (contractor) to support the Laney Walker/Bethlehem Cover Memo Item # 19 Redevelopment Project. Through the RFQ process over 30 firms responded and eighteen (18) firms were selected, on the basis of qualifications and experience, as procured contractors. A process has been established that allocates work to the procured firms on the basis of issuing Task Orders to one, or more, of the firms based on a combination of their project specific qualifications and cost to provide the requested services. Each Task Order provides a description of the requested services and requires the service provider to respond with a detailed scope of work, time line to provide the requested service, and cost to provide services. In addition to the use of Task Orders to facilitate services required for the Laney Walker/Bethlehem Redevelopment Project, there are some services providers that have been procured through the City’s Purchasing Dept. that may require contract extensions and renewals based on their performance and changing project requirements. The day to day management of the Laney Walker/Bethlehem Redevelopment Project requires that the Housing and Community Development Dept. (HCDD) have the ability to make deliberate, but timely, decisions to keep this project moving. See Attachment “A” for an example of a recent sales contract for the purchase 1012 Spruce/1246 11th Street. The execution of this contract occurred as a result of extensive negotiation between the homebuyer, seller, and lender. The sales contract expiration date is set to accommodate the preparation of construction drawings, the timely execution of the construction contract, and the construction of the new home. If the approval of the construction contract required City Commission approval it would be extremely difficult to meet the time line established by the purchase agreement. In addition a City Commision approval requirement would require public disclosure of the purchaser’s name which could significantly chill sales. Failure to make decisions on the selection of approved builders, architects, engineer, etc. affects our ability to initiate the construction start of new projects, impact the cost of construction interest on each project during the construction period, and directly impacts our ability to place new homes under contract and close on the sale of homes in a timely manner. See Attachment “B” for an overview of range of the types of contracts used, general descriptions of the current process and procedures, and the adverse impact that would be created if the contact/agreement process was expanded. To facilitate the execution of agreements/contracts/task orders with builders, developers, architects, etc. that have been approved through the City’s Purchasing Department, and with acknowledgement by the appropriate staff of the Procurement Dept., we are proposing the following Agreement/Contract/Task Order Execution Procedures be used by the Housing and Community Development Dept. for the calendar year 2013: * The Mayor, City Administrator, and the Director of HCDD will be given the authorization to execute all the necessary contracts, agreements, and task orders required to effectively and efficiently manage the Laney Walker/Bethlehem Redevelopment Project is Cover Memo Item # 19 within the limits of the budget approved by the URA. All documents will require the signature of all three parties; · * The HCDD will provide an annual Financial Report of the Laney Walker/Bethlehem Redevelopment Project inclusive of Policy and Procedures, Tax Base Increase Analysis, Laney Walker/Bethlehem Bond Funding Budget and Budget Breakdown, and a Summary of Housing Construction Expenditures to the Commission and the Urban Redevelopment Authority. A similar report was provided the Commission in July 2012. The annual report will be due no later than 60 days after December 31st of each year commencing in December of 2013. Any interim reports that may be requested and supplied to the URA will also be provided to the Commission. Analysis:The proposed procedure is similar to the current process utilized by HCDD in implementing HUD grants and works well. The process will enable the HCDD to serve both long time Laney Walker/Bethlehem residents and new families moving into the neighborhoods in an effective and timely manner. As evidenced by the July 2012 Financial Report the process is transparent and fully accountable. Financial Impact:Approval of the proposed procedures will facilitate the redevelopment of the Laney Walker/Bethlehem neighborhoods in a timely manner that is responsive to market demands and fully accountable to the City Commission and the Urban Redevelopment Authority. Alternatives:None Recommended Recommendation:Approve Procedure for Authorization of Agreements/Contracts/Task Orders for the Laney Walker Redevelopment Program administered by the Housing and Community Development Dept. Funds are Available in the Following Accounts: Funds are available in the Laney Walker/Bethlehem Project Account. REVIEWED AND APPROVED BY: Cover Memo Item # 19 Attachment number 1 \nPage 1 of 11 Item # 19 Attachment number 1 \nPage 2 of 11 Item # 19 Attachment number 1 \nPage 3 of 11 Item # 19 Attachment number 1 \nPage 4 of 11 Item # 19 Attachment number 1 \nPage 5 of 11 Item # 19 Attachment number 1 \nPage 6 of 11 Item # 19 Attachment number 1 \nPage 7 of 11 Item # 19 Attachment number 1 \nPage 8 of 11 Item # 19 Attachment number 1 \nPage 9 of 11 Item # 19 Attachment number 1 \nPage 10 of 11 Item # 19 Attachment number 1 \nPage 11 of 11 Item # 19 Attachment number 2 \nPage 1 of 7 Item # 19 Attachment number 2 \nPage 2 of 7 Item # 19 Attachment number 2 \nPage 3 of 7 Item # 19 Attachment number 2 \nPage 4 of 7 Item # 19 Attachment number 2 \nPage 5 of 7 Item # 19 Attachment number 2 \nPage 6 of 7 Item # 19 Attachment number 2 \nPage 7 of 7 Item # 19 Commission Meeting Agenda 2/19/2013 5:00 PM Veterans Day Holiday Department:Clerk of Commission Caption:Motion to approve the addition of Veterans Day as a paid holiday for all Augusta, Georgia Employees. (Approved by Administrative Services Committee February 11, 2013) Background:Augusta is the home of a large military contingent at Fort Gordon and has a very large retired military population that calls Augusta home. Veterans Day is a US holiday which honors people who have served in the Armed Service, known as Veterans. It is observed on November 11 to honor all American Veterans, both living and dead. Veterans Day is largely intended to thank living veterans for dedicated and loyal service to their country and to acknowledge that we deeply appreciate the sacrifices they have made in their lives to keep our country free. Analysis: Financial Impact:(May consider budgeting for this proposed holiday by adjusting annual pay increases) Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 20 Attachment number 1 \nPage 1 of 1 Item # 20 Commission Meeting Agenda 2/19/2013 5:00 PM 2013 Animal Transport Truck Department:Finance - Fleet Management Caption:Motion to approve the replacement of one animal containment truck for the Animal Services Department. (Approved by Finance Committee February 11, 2013) Background:Augusta Animal Services Department Director requests the acquisition of one animal containment truck to replace a 2005, F- 250 with 149,896 miles, asset number 204276. This vehicle meets the replacement criteria established in 2004, the evaluation is attached for review. This vehicle has become a liability to the Department due to increasing maintenance costs. The lack of General Fund Capital Outlay funding for vehicles and equipment in the past has prevented Animal Services from maintaining their required vehicle needs. Analysis:The new vehicle will be purchased through the Georgia Statewide Contract Bid system assuring the best pricing available throughout the State. Financial Impact:The cost of the proposed animal transport truck is $43,247.00. Funding for the procurement of this equipment will be through the current SPLOST VI sales tax program. Alternatives:1) Approve the request,2) disapprove the request. Recommendation:Approve the requst for the replacement of one animal containment truck and the sale of the truck to be replaced. Funds are Available in the Following Accounts: Sales Tax Phase VI (3rd year). REVIEWED AND APPROVED BY:Cover Memo Item # 21 Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 21 Attachment number 1 \nPage 1 of 9 Item # 21 Attachment number 1 \nPage 2 of 9 Item # 21 Attachment number 1 \nPage 3 of 9 Item # 21 Attachment number 1 \nPage 4 of 9 Item # 21 Attachment number 1 \nPage 5 of 9 Item # 21 Attachment number 1 \nPage 6 of 9 Item # 21 Attachment number 1 \nPage 7 of 9 Item # 21 Attachment number 1 \nPage 8 of 9 Item # 21 Attachment number 1 \nPage 9 of 9 Item # 21 Commission Meeting Agenda 2/19/2013 5:00 PM Amend 2013 Budget to Accept Donation for Sheriff's Dept Department:Finance Caption:Motion to approve an Amendment to the 2013 Budget for the Sheriff's Department to accept donated funds. (Approved by Finance Committee February 11, 2013) Background:Acceptance of donated funds and the budget amendment to record that action would increase total revenue and expenditures and requires approval at the Commission level. Analysis:An account held by former Sheriff Strength that held funds donated to support youth activities was closed. Those funds have been donated to Sheriff Roundtree for his use. Acceptance of the donation and approval of a budget amendment would allow Sheriff Roundtree to use these funds to support activites in the department. Financial Impact:Acceptance would provide an additional $8625.89 for the Sheriff's dept Alternatives: Recommendation:Accept the funds and approve a budget amendment for the same amount Funds are Available in the Following Accounts: $8625.89 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Item # 22 Clerk of Commission Cover Memo Item # 22 Commission Meeting Agenda 2/19/2013 5:00 PM Approve 2012 Indirect Cost Allocation Study Department:Finance Caption:Motion to approve exercising additional year option in the city's agreement with MAXIMUS to perform Augusta's 2012 Indirect Cost Allocation Study. (Approved by Finance Committee February 11, 2013) Background:The Georgia General Assembly House Bill 491 mandates Indirect Cost Studies be performed for local governments with expenditures totaling $10 million or more. This study provides the basis of the budget for the allocation of costs to all funds receiving services from the General Fund. Analysis:After a Request for Proposals (RFP) solicited qualified vendors, MAXIMUS was selected and approved to perform the city's 2010 Indirect Cost Allocation Study with the option for four additional years. MAXIMUS has conducted Augusta's 2010 and 2011 studies. This firm is familiar with the various funds and reporting entities that comprise the government and has the available resources required to perform this study. MAXIMUS will develop and prepare the city's Full Cost Allocation Plan, OMB Circular A- 87 Cost Plan and Augusta Public Transit's Plan. Financial Impact:MAXIMUS will prepare the city's aforementioned 2012 cost plans, as well as, submit and negotiate approval with HUD for the total professional fee of $21,330. Alternatives:Do not exercise additional year option on current approved agreement. Recommendation:Approve exercising additional year option on current agreement between Augusta Georgia and MAXIMUS for the required 2012 Indirect Cost Allocation Plans. Funds are Available in the Following Funds are available 101-01-5120/52-11110.Cover Memo Item # 23 Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 23 Attachment number 1 \nPage 1 of 9 Item # 23 Attachment number 1 \nPage 2 of 9 Item # 23 Attachment number 1 \nPage 3 of 9 Item # 23 Attachment number 1 \nPage 4 of 9 Item # 23 Attachment number 1 \nPage 5 of 9 Item # 23 Attachment number 1 \nPage 6 of 9 Item # 23 Attachment number 1 \nPage 7 of 9 Item # 23 Attachment number 1 \nPage 8 of 9 Item # 23 Attachment number 1 \nPage 9 of 9 Item # 23 Commission Meeting Agenda 2/19/2013 5:00 PM Augusta Convention Center 2013 Annual Plan Department:Administrator Caption:Motion to approve the Augusta Convention Center 2013 Annual Plan. (Approved by Finance Committee February 11, 2013) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 24 Attachment number 1 \nPage 1 of 38 Item # 24 Attachment number 1 \nPage 2 of 38 Item # 24 Attachment number 1 \nPage 3 of 38 Item # 24 Attachment number 1 \nPage 4 of 38 Item # 24 Attachment number 1 \nPage 5 of 38 Item # 24 Attachment number 1 \nPage 6 of 38 Item # 24 Attachment number 1 \nPage 7 of 38 Item # 24 Attachment number 1 \nPage 8 of 38 Item # 24 Attachment number 1 \nPage 9 of 38 Item # 24 Attachment number 1 \nPage 10 of 38 Item # 24 Attachment number 1 \nPage 11 of 38 Item # 24 Attachment number 1 \nPage 12 of 38 Item # 24 Attachment number 1 \nPage 13 of 38 Item # 24 Attachment number 1 \nPage 14 of 38 Item # 24 Attachment number 1 \nPage 15 of 38 Item # 24 Attachment number 1 \nPage 16 of 38 Item # 24 Attachment number 1 \nPage 17 of 38 Item # 24 Attachment number 1 \nPage 18 of 38 Item # 24 Attachment number 1 \nPage 19 of 38 Item # 24 Attachment number 1 \nPage 20 of 38 Item # 24 Attachment number 1 \nPage 21 of 38 Item # 24 Attachment number 1 \nPage 22 of 38 Item # 24 Attachment number 1 \nPage 23 of 38 Item # 24 Attachment number 1 \nPage 24 of 38 Item # 24 Attachment number 1 \nPage 25 of 38 Item # 24 Attachment number 1 \nPage 26 of 38 Item # 24 Attachment number 1 \nPage 27 of 38 Item # 24 Attachment number 1 \nPage 28 of 38 Item # 24 Attachment number 1 \nPage 29 of 38 Item # 24 Attachment number 1 \nPage 30 of 38 Item # 24 Attachment number 1 \nPage 31 of 38 Item # 24 Attachment number 1 \nPage 32 of 38 Item # 24 Attachment number 1 \nPage 33 of 38 Item # 24 Attachment number 1 \nPage 34 of 38 Item # 24 Attachment number 1 \nPage 35 of 38 Item # 24 Attachment number 1 \nPage 36 of 38 Item # 24 Attachment number 1 \nPage 37 of 38 Item # 24 Attachment number 1 \nPage 38 of 38 Item # 24 Commission Meeting Agenda 2/19/2013 5:00 PM Imperial SR4500 Water Wagon Department:Environmental Services Caption:Motion to approve the purchase of (1) 2013 Imperial SR4500 Water Wagon from Palfleet Truck Equipment for the Environmental Services Department. (Approved by Finance Committee February 11, 2013) Background:The Landfill has historically had a water truck for dust suppression and fire control as required by permit. The water truck became unserviceable due to age and was sold as surplus. We submitted a bid for a new water truck and found that option to be too costly. We are currently renting a water truck on a month-to- month basis in order to maintain compliance. Analysis:We are proposing the purchase of this towable water wagon as a more affordable and versatile solution. Additional benefits are that it does not require a CDL license to operate (as the water truck did); it will utilize our agricultural tractor more often, and will be more diverse in off-road applications. The cost of this machine is $ 64,406.00. Financial Impact:The department is currently renting a water truck at an expense of $2000 per month. In the event that we did not have a dust suppression method, the state could issue a Notice of Violation which could yield a fine. We evaluated purchasing a water truck, however, the cost of such a purchase exceeded $150,000. Alternatives:1. Approve the purchase of (1) 2013 Imperial SR4500 Water Wagon from Palfleet Truck Equipment. 2. Do not approve the purchase. Recommendation:Approve the purchase of (1) 2013 Imperial SR4500 Water Wagon from Palfleet Truck Equipment. Funds are Available in the Following Adequate funds of $64,406.00 are available. The department recommends using funds from 541-04-4210/5422510. Cover Memo Item # 25 Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 25 Attachment number 1 \nPage 1 of 1 Item # 25 Attachment number 2 \nPage 1 of 3 Item # 25 Attachment number 2 \nPage 2 of 3 Item # 25 Attachment number 2 \nPage 3 of 3 Item # 25 Attachment number 3 \nPage 1 of 1 Item # 25 VENDORS Palfleet Truck Equipment 5178 Old Dixie Highway Forest Park, GA 30297 Attachment B Yes E-Verify # 40017 SAVE Form Yes Year 2013 Brand Imperial Model SR4500 Re-Bid Amount $64,406.00 Delivery Date 90 days The following vendors did not respond: Wastecorp Pumps / P.O. Box 70 / Grand Island, NY 14072 Hertz Equipment Rental / 2017 Rawley Road / Augusta, GA 30906 TM Trailer Sales / 115 Mt Carmel Road / McDonough, GA 30253 C & I Equipment Co Inc. / 1684 S. Research Loop, Suite 508 / Tucson, AZ 85710 Border Equipment / 2804 Wylds Road / Augusta GA 30909 Re-Bid Opening Re-Bid Item #12-188B Water Wagon for Augusta, Georgia - Environmental Services Department Re-Bid Due: Thursday, January 3, 2013 @ 11:00 a.m. Page 1 of 1 Attachment number 4 \nPage 1 of 1 Item # 25 Commission Meeting Agenda 2/19/2013 5:00 PM Red Flag Identity Theft Program Results 2012 Department:Finance/Risk Managment Division Caption:Motion to approve results for 2012 Augusta Utilities Red Flag Identity Theft Program. (Approved by Finance Committee February 11, 2013) Background:The purpose of this program is to comply with the Federal Trade Commission's Red Flags Rule. Augusta Richmond County Code Title II (Finance and Taxation) Chapter 5 Identity Theft Prevention was established in compliance with this regulation. The focus of the program is on detecting, preventing and mitigating identity theft by identifying and detecting identify theft red flags and by responding to such red flags in a manner that will prevent identity theft. Finance's Risk Management Division was tasked with developing the program, policy and procedures for departments identified as having operations subject to the Red Flags Rule. After consideration of the size and complexity of the operations and account systems, and the nature and scope of its operations, it was determined that the Augusta Utilities Department was subject to this Rule. Red Flag categories include notifications and warnings from credit reporting agencies, suspicious documents, suspicious personal identifying information, suspicious account activity or unusual use of account, alerts from others. Analysis:Summary of cases in which the Augusta Utilities Department detected red flags and denied services: Individuals presented falsified lease agreements - 14 cases Individual Identity theft per police report - 1 case Check fraud - turned over to RCSO - 1 case Financial Impact: Alternatives: Recommendation: Cover Memo Item # 26 Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 26 Commission Meeting Agenda 2/19/2013 5:00 PM Renewal Excess Worker's Compensation Insurance Department:Finance/Risk Managment Division Caption:Motion to approve Excess Worker’s Compensation Insurance with Safety National with Statutory limits with $700,000.00 SIR (self insured retention; otherwise, known as the deductible) for Police and Fire; all others $600,000 for a premium of $243,281. (Approved by Finance Committee February 11, 2013) Background:Excess Workers Compensation coverage (a per occurrence policy) has been purchased in the past as a measure to cap any potential catastrophic loss against Augusta-Richmond County. Knowing that this area of the industry is still quite volatile and premiums continue to rise, Georgia Administrative Services (G.A.S.) our W.C. Third Party Administrator was asked to obtain quotes from A or A+ companies. Georgia Administrative Services received the following quotes: 1. Safety National Casualty Corporation a. Statutory Limit w $ 700,000 SIR for Police/Fire and $ 600,000 SIR for all other positions for a deposit premium of $ 243,281 b. Statutory Limit w/$700,000 SIR for All positions for a deposit premium of $ 223,819 2. Midland Insurance Corporation a. Statutory Limit w/$650,000 SIR for Police/Fire and $600,000 SIR for all others for a minimum premium of $ 350,000 Analysis: Financial Impact:Augusta would assume all financial responsibility up to the SIR limit of $700,000 for police and fire and $600,000 for all other positions per occurrence. Alternatives:Drop coverage accepting full exposure/cost for any catastrophic job related injury. Recommendation:Approve coverage with Safety National Casualty with Self Insured retention of $700,000 SIR Police/Fire and $600,000 SIR all other positions with Statutory Limit for a deposit premium of $243,281. Cover Memo Item # 27 Funds are Available in the Following Accounts: 621 01 5233 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 27 AUGUSTA/RICHMOND COUNTY EXCESS WORKERS’ COMPENSATION MARCH 1, 2013 TO MARCH 1, 2014 Carrier: Safety National Casualty Corporation Option 1 Specific Limits: Statutory Workers’ Compensation $ 1,000,000 Employers Liability Self-Insured Retentions $ 700,000(Police and Fire) $ 600,000(All Other) Premium: Rate- .02500 per $100 Payroll Estimated Annual Payroll - $97,312,572 Deposit Premium- $243,281 Minimum Premium- $218,953 Option 2 Specific Limits: Statutory Workers’ Compensation $ 1,000,000 Employers Liability Self-Insured Retentions $ 700,000(Police and Fire) $ 700,000(All Other) Premium: Rate- .02300 per $100 Payroll Estimated Annual Payroll - $97,312,572 Deposit Premium- $223,819 Minimum Premium- $201,437 Attachment number 1 \nPage 1 of 1 Item # 27 AUGUSTA/RICHMOND COUNTY EXCESS WORKERS’ COMPENSATION MARCH 1, 2013 TO MARCH 1, 2014 Carrier: Midland Option 3 Specific Limits: Statutory- Workers’ Compensation $ 1,000,000- Employers Liability Self-Insured Retentions $650,000 (Police and Fire) $600,000 (All Other) Premium: Minimum Premium- $350,000 Attachment number 2 \nPage 1 of 1 Item # 27 Commission Meeting Agenda 2/19/2013 5:00 PM Augusta Boxing Club Refund Request Department:Clerk of Commission Caption:Motion to consider a request from Mr. Rayonta Whitfield on behalf of the Augusta Boxing Club regarding a tax refund of 2012 property taxes with proper documentation to be submitted. (No recommendation from Finance Committee February 11, 2013) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 28 Attachment number 1 \nPage 1 of 1 Item # 28 Commission Meeting Agenda 2/19/2013 5:00 PM Approve an ordinance to amend the Augusta, Georgia Code, Title 4 Chapter 2, section 4-2-2 Department:Environmental Services Caption:Motion to approve an ordinance to amend the Augusta, Georgia Code, Title 4 Chapter 2, section 4-2-2, to provide standards for the unlawful dumping or storing of solid waste, or the accumulation of weeds and noxious vegetation on vacant lots and unoccupied parcels of land. (Approved by Engineering Services Committee February 11, 2013) Background:In May 2011, Augusta reorganized some key functions of the government. As such, the Environmental Services Department (ESD) took over the function of cleaning vacant lots which are identified as out of compliance with Augusta’s code. The current process occurs when License and Inspection (L&I) receives a complaint regarding a vacant/unoccupied parcel and performs an investigation. If L&I finds that there are code violations, written notice is provided to the property owner allowing them two weeks clean the property. Upon the expiration of the notice, an inspector validates that issue still has been corrected or determines that the code violation still exists. If the condition exists, then L&I creates a work order, which allows the ESD to cut and/or clean the lot. Once completed, the ESD sends a completed work order back to L&I with the cost of the cutting and/or cleaning performed. L&I then works to place a lien on the associated property with the Tax Commissioner. Analysis:After using this process for some time, it has become apparent to the ESD that our process is not operationally friendly, and yields inefficiency to the ESD. There are several key factors which cause Augusta to operate inefficiently. First, due to staffing levels and funding L&I operates primarily on a reactionary basis, which is driven by a complaint being filed by a citizen. A complaint based system generates work orders being created throughout Augusta with no consideration for moving assets and people. Mobilization times are increased and production hours are decreased, creating an environment where the ESD performs less tangible work. Second, the above mentioned problem is compounded when only one lot is cut/cleaned in a neighborhood where there are several lots which need attention. Currently, without a work order issued Cover Memo Item # 29 by L&I, it is illegal for the ESD to enter the private property to cut/clean the other neighboring lots. Once the first lot is cleaned, and the ESD relocates to another area, neighbors see the improvement and call to request work on the lots which still need attention. Several weeks later, a new work order is created for the neighborhood which had ESD assets in it several weeks earlier, compounding inefficiency. In an effort to rectify the situation, L&I and ESD sat down to develop a strategic plan. Out of that meeting came a plan where the ESD would plan out its movements several months in advance. L&I would work in an area ahead of the ESD to perform its functions and develop work orders for all vacant lots in a specific geography. This worked reasonably well for the ESD as our efficiency went up dramatically, due to working in a concentrated area. However, it created a backlog of work for L&I who could not timely respond to citizen calls and complaints. A new approach was needed to resolve the issue. L&I, ESD and the Law Department sat down to develop an entirely new method for vacant lot cutting and cleaning. The new program allows the ESD to identify a code violation, create a work order, and remedy the code violation independently of L&I, leaving their code enforcement officers to address complaint based requests. Generally, the new program requires that a notification be sent to the property owner annually, identifying what constitutes a vacant lot violation. Additional notices may also be provided from time to time. Once the notice is received the property owner shall have 10 days to address the code violation. After that period, then the ESD may proceed with cutting and/or cleaning activities. Once completed the ESD shall take appropriate actions to charge and collect monies for services provided by Augusta to abate the issue. This program in no way limits L&I from performing inspections, it merely supplements their efforts by allowing the ESD the ability to assist in the process. The largest benefit to this program is that a systematic approach can be used based on geography to address vacant lot cutting and cleaning. This will dramatically improve the production time, reduce transportation time and costs, and increase the amount of debris removed and acres cleaned. Financial Impact:It will reduce the amount of dollars spent on mobilization costs, and allow those funds to be spent on production costs. There are anticipated costs associated with the annual notification. The ESD is hoping to partner with other agencies which already send direct mail to the property owners, in an effort to minimize or eliminate this cost. Alternatives:1. Approve an ordinance to amend the Augusta, Georgia Code, Title 4 Chapter 2, section 4-2-2 2. Do not approve. Recommendation:Approve an ordinance to amend the Augusta, Georgia Code, Title Cover Memo Item # 29 4 Chapter 2, section 4-2-2 Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 29 Page 1 of 5 ORDIACE O. ___________ A ORDIACE TO AMED THE AUGUSTA, GEORGIA CODE, TI TLE 4 CHAPTER 2, SECTIO 4-2-2, TO PROVIDE STADARDS FOR THE ULAWFUL DUMPIG OR STORIG OF SOLID WASTE, OR THE ACCUMULAT IO OF WEEDS AD OXIOUS VEGETATIO O VACAT LOTS, AD UOCCUPI ED PARCELS OF LAD; TO REPEAL ALL CODE SECTIOS AD ORDIACES AD PARTS OF CODE SECTIOS AD ORDIACES I COFLICT HEREWITH; TO PROVIDE A EFFECTIVE DATE AD FOR OTHER PURPOSES. OW, BE IT ORDAIED BY THE AUGUSTA-RICHMOD COUTY COMMISSIO AD IT IS HEREBY ORDAIED BY THE AUTHORITY OF SAME THAT ALL UDEVELOPED OR UOCCUPIED PARCELS OF LAD WITHI TH E JURISDICTIO SHALL COMPLY WITH THE PROVISIOS OF TH E AUGUSTA, GA CODE, AS FOLLOWS: SECTIO 1. SECTIO 4-2-2 OF AUGUSTA, GA. CODE TITL E FOUR, CHAPTER TWO AS SET FORTH I THE AUGUSTA, GA. CODE, IS HEREB Y AMEDED BY STRIKIG THIS SECTIO I ITS ETIRETY. EW SECTIO 4-2-2 IS HEREBY ISERTED TO REPLACE THE REPEALED SECTIO AS SET FOR TH I “EXHIBIT A” HERETO. SECTIO 2. This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTIO 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2013. __________________________ Attest: ______________________________ David S. Copenhaver Lena J. Bonner, Clerk of Commission As its Mayor Seal: Attachment number 1 \nPage 1 of 5 Item # 29 Page 2 of 5 CERTIFICATIO The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2012 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: _________________________ Attachment number 1 \nPage 2 of 5 Item # 29 Page 3 of 5 “EXHIBIT A” (Lot Ordinance) Sec. 4-2-2. Unlawful dumping or storing of solid waste, or the accumulation of weeds and noxious vegetation on vacant lots, and unoccupied parcels of land. a) Prohibition. No owner of any vacant lot, undeveloped lot or unoccupied parcel of land within Augusta shall permit or allow the existence of excessive accumulation or untended growth of weeds, undergrowth or other plant life grow to a height exceeding twelve (12) inches; or stagnant water, rubbish, garbage, refuse, debris, trash, including but not limited to household furnishings, and all other objectionable, unsightly or unsanitary matter upon any lot, tract or parcel of land, or on the area between the lot or parcel of land and the street curb, be it uncovered or under open shelter, to the extent and in the manner that such lot, tract or parcel of land is or may reasonably become infested or inhabited by rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, or threatens or endangers the public health, safety, or welfare, or may reasonably cause disease, or adversely affects and impairs the economic welfare of adjacent property. b) Definitions. · Construction/Demolition Waste means waste building materials and rubble resulting from construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings and other structures. Such waste include, but are not limited to asbestos containing waste, wood, bricks, metal, concrete, wall board, paper, cardboard, and other non-putrescible wastes which have a low potential for groundwater contamination. · Lot/Parcel means any lot of record identified with a map and parcel number assigned by the Tax Assessor’s Office. · Scrap Tire means a tire or portion thereof. · Tire means a continuous solid or pneumatic rubber covering designed for encircling the wheel of a motor vehicle and which is neither attached to the motor vehicle nor a part of the motor vehicle as original equipment. · Undeveloped Lot means a lot in its natural state, i.e.: a lot in a residential neighborhood that has not been built upon. · Unoccupied Parcel means a lot which has a structure/dwelling which is not occupied. · Vacant Lot means a previously developed Lot, once occupied with a structure/dwelling. c) Duty of Property Owners Generally. It shall be the duty of the owner of each Vacant Lot or Unoccupied Parcel of land to reasonably regulate and effectively control excessive growths and accumulations, as enumerated in Section 4-2-2 (a), on the property and on the portion of the adjoining public right-of-way between the property and the street. It shall also be the duty of the owner to drain, re-grade or fill any lot, tract, or parcel, including swimming pools thereon, which shall be unwholesome or unsanitary, have stagnant water thereon, or be in such other condition as to be susceptible to producing disease. Attachment number 1 \nPage 3 of 5 Item # 29 Page 4 of 5 d) otice. Augusta shall notify in writing the owner of any Vacant Lot or Unoccupied Parcel of land within Augusta to comply with Section 4-2-2(a) to include but not be limited to cutting, destroying or removing any weeds, grass, trash, rubbish or noxious matter found growing, lying or located on such owner’s property or upon the sidewalk or street right- of-way abutting the property within ten (10) days from the date of the annual notice. Notice will include a one direct mailing to the property owner’s address on record, and other notices published throughout the year which may include an insert in the Property Tax Bill, a notice in other publications or billings, and publication in the newspaper, to the extent allowed by law. Upon the failure of the owner to do so, Augusta will cause such weeds, grass, rubbish or noxious matter to be cut, destroyed and/ or removed. Such notice shall be deemed to be sufficient if it is mailed to the last owner of record on file in the office of the property appraiser. e) Issuing of One-Time, Annual Written otifications . Augusta shall not be required to notify a property owner each and every time a property is in violation. A property owner will receive one written notice per parcel of land through an annual mailing. This serves as a notice for the entire year. f) Removal of Weeds, etc. by Augusta. If after ten (10) days from the date of the notice the conditions, as enumerated in Section 4-2-2 (a) and described in the notice, have not been remedied, the Director of Environmental Services or his designee shall cause the condition to be remedied by Augusta at the expense of the property owner; to include the removal of trash, filth, garbage or other refuse, and the chemical treatment, cutting down and abating from any private premises all weeds, including those growing thereon to a height exceeding twelve (12) inches whenever the owner of such premises or other person who is required by this chapter to cut down and remove the same fails or refuses to do so. g) Cutting and Cleaning of Lots; Assessment of Costs; Liens. Upon the completion of any combination of the removal, chemical treatment, cutting down, cleaning or abating by Augusta of any lot or parcel of land within Augusta by removing or abating therefrom; the excessive accumulation or untended growth of weeds, undergrowth or other plant life growing to a height exceeding twelve (12) inches; or stagnant water, rubbish, garbage, refuse, debris, trash, including but not limited to, household furnishings, scrap tires, construction/demolition waste, and all other objectionable, unsightly or unsanitary matter, the Director of Environmental Services or his designee shall certify the abatement of the offensive matter described above, specifying the lot or parcel so improved and the nature of the improvements. Thereafter, the improvements and the costs thereof, shall be assessed and appropriate action as necessary shall be taken to charge and collect monies for services provided by Augusta to abate the issue. h) Enforcement. The code enforcement division of the Environmental Services Department as well as the License and Inspection Department is hereby authorized and directed to carry out the Attachment number 1 \nPage 4 of 5 Item # 29 Page 5 of 5 provisions of sections 4-2-2 hereof, as may be deemed reasonable by the Director of the department. i) Violation; Penalty. In addition to causing the condition of the property to be remedied as authorized in subsection (f), the enforcement officer may make a case against the offending party and upon trial and conviction thereof, the offending party shall be subject to the penalties provided by section 1-6-1. Attachment number 1 \nPage 5 of 5 Item # 29 Commission Meeting Agenda 2/19/2013 5:00 PM Increase funds for Approved RFQ #11-130: Task Order Program for Infrastructure for the City of Augusta - Utilities Department in the amount of $1,500,000.00. Department:Augusta Utilities Department Caption:Motion to increase the funding for approved RFQ #11-130: Task Order Program for Infrastructure for the City of Augusta - Utilities Department in the amount of $1,500,000.00 for execution by CMI, Inc., Blair Construction, Inc., Eagle Utilities, and Quality Storm Water Solutions as qualified and selected contractors for subject RFQ. (Approved by Engineering Services Committee February 11, 2013) Background:The previously approved Task Order Program is to allow several responsive and qualified contractors to provide installation, maintenance, and/or repairs to the water and sewer infrastructure. The Utilities Department is requesting a Task Order Program increase in the amount of $1.5 Million due to the impacts of meeting the project deadlines of Ft. Gordon and to keep up with the repair & replacement issues of decaying infrastructure throughout Augusta-Richmond County. The contractors will provide all tools, labor, material, and equipment to perform and complete all task orders under three (3) task order classifications: General Maintenance Task(s), Pre-Planned Task(s), and Emergency Work, as set forth in RFQ #11-130 Task Order Program for Infrastructure for the City of Augusta. Analysis:AUD has evaluated the current and active Task Order Program and determine that a funding increase to the Task Order Program is needed to accomplish the tasks imposed by the increased Ft. Gordon workload and the repair & replacement issues of infrastructure throughout Augusta-Richmond County. Financial Impact:The funding increase requested for this program is $1,500,000.00. These funds are available from account 507043490-5425410 / 88886666-5425410 Alternatives:Rejection of this RFQ funding increase would delay the Utilities Department ability to expedite the current projects of Fort Gordon and Renewal & Extension Projects of the department. Cover Memo Item # 30 Recommendation:Recommend Commission approve the Task Order funding increase request to RFQ #11-130: Task Order Program for Infrastructure for the City of Augusta - Utilities Department in the amount of $1,500.00.00. Funds are Available in the Following Accounts: $1,500,000.00 from account 507043490-5425410 / 88886666- 5425410 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 30 REQUEST FOR QUALIFICATIONS Request for Qualifications will be received at this office until Tuesday, May 24, 2011 @ 3:00 p.m. for furnishing: RFQ ITEM #11-130 Task Order Program for Infrastructure for Utilities Department RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 RFQ documents may be viewed on the Augusta Richmond County web site under the Procurement Department ARCbid. RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. A Mandatory Pre-Qualification Meeting will be held on Friday May 6, 2011 @ 10:00 a.m. in the Procurement Department, 530 Greene Street, Room 605. All questions must be submitted in writing by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Monday, May 9, 2011 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the Procurement Department with your bonafide bid package. No RFQ may be withdrawn for a period of 90 days after time has been called on the date of opening. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. Please mark RFQ number on the outside of the envelope. Bidders are cautioned that sequestration of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Funding for this project may include federal funds provided by the U. S. Department of Transportation (DOT) and/or other federal agencies. All DOT funded projects are subject to the requirements of 49 CFR Part 26. These requirements are mandatory and non-negotiable. Augusta enforces Disadvantage Business Enterprise (DBE) requirements and/or DBE goals set by Federal and/or State Agencies in accordance with State and Federal laws. Please be advised that the U. S. District Court for the Southern District of Georgia has entered on Order enjoining the Race-Based portion of Augusta, Georgia’s DBE Program. Thus, Augusta, Georgia does not have or operate a DBE, MBE or WBE Program for projects (or portions of projects) having Augusta, Georgia as the source of funding. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle April 14, 21, 28, May 5, 2011 Metro Courier April 20, 2011 cc: Tameka Allen Interim Deputy Administrator Tom Wiedmeier Augusta Utilities Drew Goins Augusta Utilities Jerry Delaughter Augusta Utilities Merle Wilkie Augusta Utilities Attachment number 1 \nPage 1 of 1 Item # 30 Evaluation Criteria PTS Blair Construction, Inc. PO Box 770 Evans, GA 30809 Contract Management, Inc. 1827 Killingsworth Augusta, GA 30904 Eagle Utility Contracting, Inc. 1350 Branch Road Bishop, GA 30627 Quality Storm Water Solutions P.O. Box 1847 Evans, GA 30809 1. Firm’s experience in utility construction 25 20.7 16.7 18.3 15.0 2. Firm’s experience with AUD projects, infrastructure & specifications 25 20.7 15.0 18.3 11.7 3. Capacity/Ability to respond 25 20.7 16.7 19.0 15.0 4. Ability to meet liability insurance & specified bonding requirements 25 25.0 25.0 25.0 25.0 Total 100 87.0 73.3 80.7 66.7 Cumulative Evaluation Sheet - RFQ Item #11-130 Task Order Program for Infrastructure for the City of Augusta - Utilities Department Comments: Attachment number 2 \nPage 1 of 1 Item # 30 Attachment number 3 \nPage 1 of 1 Item # 30 Attachment number 4 \nPage 1 of 2 Item # 30 Attachment number 4 \nPage 2 of 2 Item # 30 Attachment number 5 \nPage 1 of 1 Item # 30 Attachment number 6 \nPage 1 of 4 Item # 30 Attachment number 6 \nPage 2 of 4 Item # 30 Attachment number 6 \nPage 3 of 4 Item # 30 Attachment number 6 \nPage 4 of 4 Item # 30 VENDORS Attachment B Original 8 Copies Blair Construction, Inc. PO Box 770 Evans, GA 30809 Yes Yes Yes Contract Management, Inc. 1827 Killingsworth Augusta, GA 30904 Yes Yes Yes Eagle Utility Contracting, Inc. 1350 Branch Road Bishop, GA 30627 Yes Yes Yes Quality Storm Water Solutions P.O. Box 1847 Evans, GA 30809 Yes Yes Yes RFQ Item #11-130 Task Order Program for Infrastructure for the City of Augusta - Utilities Department RFQ Due: Tuesday, May 24, 2011 @ 3:00 p.m. Page 1 of 1 Attachment number 7 \nPage 1 of 1 Item # 30 Commission Meeting Agenda 2/19/2013 5:00 PM Neighborhood Clean-Up Program Department:Environmental Services Caption:Motion to approve the proposed Neighborhood Clean-Up Program as submitted by the Environmental Services Department. (Approved by Engineering Services Committee February 11, 2013) Background:Historically, the Environmental Services Department (ESD) has assisted Augusta neighborhoods or community groups when they have requested a roll off box to remove debris from a public area within our County. This has typically been done by request, as resources were available, at no cost to the neighborhood or community group. The ESD would typically coordinate with a neighborhood or community group who wants to do a neighborhood clean-up or beautification project. An ESD roll off box was provided for the event, as well as instructions as to what could be included and materials which could not go in the box. Once the event was over, the ESD would collect the box and dispose of the contents at no cost to the neighborhood. Currently, with no defined program, community involvement is somewhat limited. It takes a larger initiative or group to reach out to the government looking for assistance, and then the ESD assists in accomplishing the goals of the neighborhood or community group. Analysis:This year the Commission has set goals around beautification. The ESD has evaluated ways to assist in that goal, and has developed a formal program around the use of neighborhood clean-ups to assist in cleaning up Augusta. Augusta alone does not have the resources to clean and beautify all areas all the time; therefore the ESD believes that community-facing programs for beautification is one of the only ways to accomplish the goal The program is designed around a small group of neighbors (5 or more) requesting a roll off box from Augusta for a community clean-up event. If available and approved, a roll off box delivery date and location will be coordinated with the group. The person making the request for the roll off box will need to meet ESD staff when the box is delivered. This will allow ESD staff to provide/reiterate the instructions and limitations of the program. Generally, the Cover Memo Item # 31 group would be allowed to keep the dumpster approximately 48 hours. This program is designed to be at no cost to the group, and Augusta will provide the disposal of the materials collected. However, if the box is overfilled, filled with hazardous/restricted materials or used for profit (commercial/personal use) then Augusta will charge the requestor for the services. Additionally, this program is not intended for single use, or personal projects. Those are considered the property owners responsibility and will not be included in this program. Financial Impact:At this time the financial impact is unknown. This will be determined by the amount of neighborhood clean-ups that occur under this program. Augusta currently does offer such services; however, participation is extremely limited. Costs of this program could be offset by Augusta not having to directly clean-up the materials through the vacant lot or illegal dump crews employed by the Department. Alternatives:1. Approve the proposed Citizen Volunteer Clean-Up Program as submitted by the Environmental Services Department. 2. Do not approve. Recommendation:1. Approve the proposed Citizen Volunteer Clean-Up Program as submitted by the Environmental Services Department. Funds are Available in the Following Accounts: Fund 541 and 542 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 31 Neighborhood Clean-Up Program Page 1 of 1 EVIROMETAL SERVICES DEPARTMET 4330 Deans Bridge Road, Blythe GA 30805 (706) 592-3200 – Fax (706) 592-3255 WWW.AUGUSTAGA.GOV Neighborhood Clean-Up Program Augusta Environmental Services has a program that will help Augusta residents keep their neighborhoods clean year round. The program allows a small group of residents to have access to a dumpster in their area for a weekend to clean their neighborhood. This is a free service if the rules and regulations are followed. 1. Get with your neighbors and determine if you can use a dumpster. This application requires each resident to read the rules and regulations and fill out the below information. (printed name, address, phone #, and signature) – Please make these legible. 2. Once you have gathered the signatures, turn your application in at one of the locations listed below. The person listed on the first line is the person who will be used as the main contact and they must be present when the dumpster is dropped off. The Environmental Services Department will determine the best location in your area to place the dumpster. 3. When you turn in your application, you will be scheduled for a drop off date based on availability. You will be notified of your scheduled day typically within 2 business days of receipt of your application. Dumpsters are delivered on the scheduled date and picked up approximately 48 hours later. 4. There are no charges for this service unless the dumpster is over-filled, filled with hazardous/ restricted materials, or used for profit (commercial/personal use). Make sure that your dumpster is not filled past the marked weight capacity or limit line. If it is overweight and materials need to be scraped off to insure legal transport, you will be held responsible for the clean-up of those materials and any City code violations that you are possibly cited for. Please make note that NO HAZARDOUS materials will be accepted, including, but not limited to: Tires, Batteries, Chemicals, Paint, Concrete, Dirt, Rocks, Refrigerators, Asphalt or Tree Stumps. You will be held liable for disposal costs. 5. In order to provide this service equally for all the citizens, each property and/or address is allowed to sign up for this program once per calendar year. • NOTE: This program is not used/intended for personal home projects; (Ex: renovating or remodeling, moving in or out of a home, etc.) Those are considered personal projects and those items and materials are not allowed in the dumpster. Requested Location: __________________________________________________________________ Requested drop-off date: ___________________________ Pick up: ___________________________ Printed Name (legible) Address (legible) Phone Signature Applications may be obtained at www.augustasolidwaste.com or the address below. Please submit by email to solidwaste@augustaga.gov or mail to the address below. Augusta Environmental Services, 4330 Deans Bridge Road, Blythe, GA 30805 Attachment number 1 \nPage 1 of 1 Item # 31 Commission Meeting Agenda 2/19/2013 5:00 PM Noland Connector Roadway Improvements Department:Abie L. Ladson, PE, CPESC, Director Caption:Motion to approve and accept the Noland Connector Roadway and associated improvements within the road right-of-way into Augusta, Georgia’s Public Roadway System, upon receipt of its certified plat & proof of ownership, deed of dedication, and other required legal documentation as determined by Augusta Engineering Department and Augusta Utility Department. (Approved by Engineering Services Committee February 11, 2013) Background:Noland Connector Roadway was constructed in 1988 and provides connectivity between Gordon Highway and Milledgeville Rd. This roadway provides primary access for several developed and undeveloped commercial properties known as Interchange Commercial Park. The Project file notes suggest that the roadway was intended to be deeded to Augusta but the required documentation was not completed. Recently, a request was made through the Planning & Development Department for acceptance of this roadway in the Augusta Road System. Accordingly, Augusta Engineering Department (AED) staff visited the area and completed its assessment of the roadway’s current condition. It appears that the roadway meets the right-of-way width requirements and is in good condition. Analysis:Given that the Noland Connector provides connectivity between two major roadways, it is AED’s recommendation to accept this roadway into the Augusta Georgia Roadway System upon receipt of certified plat & proof of ownership, deed of dedication and required documentations as determined by Augusta Engineering Department and the Augusta Utility Department Financial Impact:No direct financial impact. The roadway will be included into the City Roadway Maintenance Program. Alternatives:1) Approve and accept the Noland Connector Roadway and associated improvements within the road right-of-way into Augusta, Georgia’s Public Roadway System, upon receipt of its Cover Memo Item # 32 certified plat & proof of ownership, deed of dedication, and other required legal documentation as determined by Augusta Engineering Department and Augusta Utility Department. 2) Do not approve. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 32 Commission Meeting Agenda 2/19/2013 5:00 PM Right of Way Department:Law Caption:Motion to approve an Option for the purposes of acquiring a Right-of-Way between Michael H. Murphy, as owners, and Augusta, Georgia, as optionee, in connection with the Windsor Spring Road Phase V Project, 0.023 acre (990.27 sq. ft.) in fee simple and 0.010 acre (431.82 sq. ft.) of permanent construction & maintenance easement, more or less. Also granted is a temporary driveway easement on Project Windsor Spring Road, Phase V, STP00-1105-00(004) from property located at: 4660 Windsor Spring Road, private, at the purchase price of $550.00. (Approved by Engineering Services Committee February 11, 2013) Background:The property owner has agreed to convey a certain Right-of-Way and easement to Augusta, Georgia, for the Windsor Spring Road, Phase V, STP00-1105-00(004) Project. Analysis:The purchase of the referenced property is necessary for the project. Financial Impact:The costs necessary for this purchase will be covered under the project budget. Alternatives:Deny the Motion Recommendation:Approve the Motion Funds are Available in the Following Accounts: 323041110-54.11120 299823786-54.11120 REVIEWED AND APPROVED BY: Cover Memo Item # 33 Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 33 At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 4 It e m # 3 3 At t a c h m e n t n u m b e r 1 \ n P a g e 2 o f 4 It e m # 3 3 At t a c h m e n t n u m b e r 1 \ n P a g e 3 o f 4 It e m # 3 3 At t a c h m e n t n u m b e r 1 \ n P a g e 4 o f 4 It e m # 3 3 Commission Meeting Agenda 2/19/2013 5:00 PM Road Abandonment Department:Law Caption:Motion to determine that a portion of Windsor Spring Road (0.42 Acres located south of and adjacent to the parcel identified as map and parcel #142-0-002-01-0 known as 3558 Windsor Spring Road) has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, and to adopt a resolution abandoning said right of way, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law. (Approved by Engineering Services Committee September 10, 2012) (Approved by Engineering Services Committee February 11, 2013) Background:Pui Yin Chan has requested that a portion of WindsorSpring Road (south of and adjacent to the parcel identified as map and parcel #142-0-002-01-0) be abandoned to allow for the purpose of creating parking spaces for his retail business. The abandonment request has been reviewed by all essential county departments and administrators and approvals with conditions were received to this abandonment request. Pursuant to O.C.G.A. §32-7-2, a public hearing was held on October 9, 2012 for this matter. The legal description and plat of Windsor Street is attached. Analysis:In addition to the information provided in the above Background section, results of the public hearing will be presented to the Commission. Notice to the property owners located thereon has been provided, pursuant to O.C.G.A. §32-7-2-(b)(1). Financial Impact:Cost of publication and advertisement of public hearing. Alternatives:Approve or deny request to determine that Windsor Spring Road be abandoned. Recommendation:Approve determination and request for abandonment of Windsor Spring Road pursuant to O.C.G.A. §32-7-2, with the abandoned Cover Memo Item # 34 property to be quit-claimed to the appropriate party(ies) as allowed by law, with easement(s) and conditions as directed by the Augusta Engineering Department, the Augusta Utilities Department and Augusta Law Department, to be retained over the abandoned portion for existing or future utilities, drainage and necessary conditions and adopt the attached Resolution. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 34 Attachment number 1 \nPage 1 of 1 Item # 34 A RESOLUTIO OF THE AUGUSTA-RICHMOD COUTY COMMISS IO TO ABADO A PORTIO OF WIDSOR SPRIG ROAD AS PART OF THE ROAD SYSTEM OF AUGUSTA-RICHMOD COUTY THIS RESOLUTIO, adopted by the Augusta-Richmond County, Georgia Commission (“Commission”): WHEREAS, it has been proposed that the Commission make a determination that a portion of Windsor Spring Road consisting of 0.42 acres, as shown on the attached plat, has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest and that the right-of-way should be abandoned as part of the Richmond County road System; and WHEREAS, it has been Augusta, Georgia’s policy, pursuant to O.C.G.A. §32-7-2 to reduce the number of roads in Augusta, Georgia that are not utilized or useful to the public and to abandon such roads; and WHEREAS, a Public Hearing was held on October 9, 2012 at the Augusta-Richmond County Municipal Building, Room 803, 530 Greene Street, Augusta, Georgia; and WHEREAS, a notice of Public Hearing was published in The Augusta Chronicle, the newspaper in which Sheriff’s advertisements for Richmond County are published, on September 20, 2012 and September 27, 2012, and that the property owners located on Windsor Spring Road were given notice; and WHEREAS, the results of the Public Hearing were reported to the Board of Commissioners and considered thereby; and WHEREAS, the Commission, at their meeting held February ___, 2013 approved the proposed abandonment, pursuant to O.C.G.A. §32-7-2 and the requirements of said statute having been met; Attachment number 2 \nPage 1 of 2 Item # 34 OW, THEREFORE, be it resolved by the Commission and it is thereby resolved by the authority of same as follows: 1. It is hereby determined that all requirements of O.C.G.A. §32-7-2 have been met for the abandonment and removal above said of the Right-of-Way and such Right-of-Way no longer serves a substantial public purpose or that its removal from the county road system is otherwise in the best public interest and is hereby abandoned as part of the Richmond County Road System; 2. The land formerly comprising the Right-of-Way shall be quitclaimed as permitted by law to the adjoining property owner, subject to easements and restrictions deemed necessary by the Augusta Engineering Department, Augusta Utilities Department, and Augusta Planning and Development Department and Augusta Law Department, and the Mayor and Clerk of Commission are hereby authorized to execute the documents necessary to effectuate such transfer as directed by the Augusta Law Department; 3. This Resolution shall be recorded in the Minutes of the Augusta-Richmond County Commission, accompanied by the exhibits referred to herein; 4. This Resolution shall become effective immediately upon its adoption. DULY ADOPTED by the Augusta, Georgia Commission this ________ day of ________________________, 2013. AUGUSTA, GEORGIA COMMISSIO By: ______________________________________ David S. Copenhaver As its Mayor Attest: ____________________________________ Lena J. Bonner As its Clerk Attachment number 2 \nPage 2 of 2 Item # 34 Commission Meeting Agenda 2/19/2013 5:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held February 5, 2013 and Special Called Meeting held February 11, 2013. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 35 Commission Meeting Agenda 2/19/2013 5:00 PM District 6 Appointment Department:Clerk of Commission Caption:Motion to approve the appointment of Mr. Bob Finnegan to the Personnel Board due to the resignation of Mr. Donnie Smith for the unexpired term ending March 31, 2016 representing District 6. (Requested by Commissioner Jackson) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 36 Attachment number 1 \nPage 1 of 2 Item # 36 Attachment number 1 \nPage 2 of 2 Item # 36 Commission Meeting Agenda 2/19/2013 5:00 PM Pay Adjustments Department: Caption:Motion to approve 2013 proposed salary supplements/adjustments for Solicitor General Kelli Kenner- McIntyre and Sheriff Richard Roundtree. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 37 Commission Meeting Agenda 2/19/2013 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 # 38