HomeMy WebLinkAbout2013-11-19-Meeting Agenda
Commission Meeting Agenda
Commission Chamber
11/19/2013
2:00 PM
INVOCATION:
Rev. Rosland Jones, Assistant Pastor, Hudson Memorial CME Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
RECOGNITION(S)
Employee of the Month
A. Congratulations! Mr. Wayne Redfern, Inspector Planning &
Development Department October Employee of the Month.
Attachments
Five (5) minute time limit per delegation
DELEGATIONS
B. Ms. Joyce Law regarding the enforcement of littering policies in
Richmond County.
Attachments
CONSENT AGENDA
(Items 1-20)
PLANNING
1. Z-13-48 - A request for concurrence with the Augusta, Georgia Planning
Commission to approve a petition by Palmetto Propane Inc., on behalf
of M L South Augusta, requesting a Special Exception in an HI
(Heavy Industry) Zone for a 30,000 gallon above ground propane tank
per Section 24-2(a)(25) of the Comprehensive Zoning Ordinance for
Augusta, Georgia affecting property containing approximately 1.44 acres
and is part of 1525 Doug Barnard Parkway. Tax Map 100-0-011-03-0
DISTRICT 1
Attachments
2. Z-13-49 – A request for concurrence with the Augusta, Georgia
Planning Commission to approve a petition by John E. Lovett requesting
a Special Exception for Family Personal Care Home per Section 26-1
(h) of the Comprehensive Zoning Ordinance for Augusta, Georgia
affecting property containing approximately .33 acres and is known as
2308 Prague Court. Tax Map 082-0-167-00-0 DISTRICT 4
Attachments
PUBLIC SERVICES
3. Motion to approve a request by Planning & Development Department,
Licensing Division, to renew the Alcohol Beverage Licenses of all
current license holders in the City of Augusta to include all Adult
Entertainment Establishments. There will be Dance. There will be
Sunday Sales. District 1 thru 8. Super Districts 9 & 10. (Approved by
Public Services Committee November 12, 2013)
Attachments
4. Motion to approve the Guaranteed Maximum Price (GMP) submitted by
the Construction Manager (Turner Construction Company) for Municipal
Building Renovations for a total of $24,939,565.00. (Approved by
Public Services Committee November 12, 2013)
Attachments
5. Motion to approve tasking the administrator to come back at the next
committee meeting with a plan of action regarding the estabishment of a
bus route to Fort Gordon and to move forward with appointments to
the Augusta Public Transit Advisory Board.
Attachments
ADMINISTRATIVE SERVICES
6. Motion to approve an Ordinance to amend the Augusta, GA Code Title
One Chapter Ten Article Nine Section 1-10-88 relating to Protestor
Rights to be heard by the Board of Commissioners; to repeal all Code
Sections and Ordinances and Parts of Code Sections and Ordinances in
conflict herewith; to provide an effective date and for other purposes.
(Approved by the Commission November 5, 2013 - second reading)
Attachments
PUBLIC SAFETY
7. Motion to approve acceptance of the Victims of Crime Act (VOCA)
funding for the Solicitor General's Office from the Prosecuting
Attachments
Attorneys' Council of Georgia in the amount of $30,000 with matching
funds of $7,500 for a total of $37,500 for the grant period of October 1,
2013 through September 30, 2014 (Approved by Public Safety
Committee November 12, 2013).
8. Motion to refer this Ordinance to amend the Augusta, Georgia
Code, Title 6 Chapter 6, Section 6-6-1 through Section 6-6-36, to add a
new section to be designated 6-6-37; to provide for additional
definitions; to clarify Code requirements as to books and book dealers; to
provide updates; to repeal all Code sections and Ordinances and parts of
Code Sections and Ordinances in conflict herewith; to provide an
effective date and for other purposes back to the Sheriff's Department
for revisions and bring back to the committee for action. (Approved by
Public Safety Committee November 12, 2013)
Attachments
9. Motion to approve a resolution authorizing volunteer firefighters and
rescue workers of the Augusta, Georgia Fire Department to be covered
under Workers' Compensation. (Approved by Public Safety
Committee November 12, 2013).
Attachments
10. Motion to approve automatic aid agreement with Hephzibah, Georgia.
(Approved by Public Safety Committee November 12, 2013).
Attachments
11. Motion to approve a request from the Fire Department to use $201,390
from a Fire Department revenue account from sale of property, and
$60,000 from fund balance into object codes for the purpose of
purchasing uniforms and refurbishing an aerial truck that is currently out
of service. The total amount of funds requested is $261,390. (Approved
by Public Safety Committee November 12, 2013).
Attachments
FINANCE
12. Motion to approve the acquisition of three (3) Road Patrol Traffic
vehicles for the Sheriff’s Office through the State funded H.E.A.T.
program from Akins Ford Corporation of Winder,Georgia, for
$29,314.00 each (lowest bid offer for bid 13-120). (Approved by
Finance Committee November 12, 2013).
Attachments
13. Motion to deny a request from Ms. Constance M. Kimble for help in
paying her property taxes or an extension of time to pay. (Approved by
Finance Committee November 12, 2013)
Attachments
14. Motion to approve the purchase of 3 small tractors for the
Environmental Services Department (ESD). Bid Item 13-164 (Approved
by Finance Committee November 12, 2013).
Attachments
ENGINEERING SERVICES
15. Motion to approve RFQ #13-194: Task Order Program for Infrastructure
for the City of Augusta - Utilities Department in the amount of
$4,000,000.00 for execution by Contract Management, Inc.; Blair
Construction, Inc., Eagle Utility Contracting, Inc; and Quality Storm
Water Solutions as qualified and selected contractors. (Approved by
Engineering Services Committee November 12, 2013)
Attachments
16. Motion to approve and accept the Cambridge Subdivision to Windsor
Spring Road Sanitary Sewer Extension. (Approved by Engineering
Services Committee November 12, 2013)
Attachments
17. Motion to approve Georgia Power Company Governmental
Encroachment Agreement #31484. (Approved by Engineering Services
Committee November 12, 2013)
Attachments
18. Motion to approve sending this item out for an RFP (proposal from
Heery International) to provide Program Managment Services for the
renovation of the old library. (Approved by Engineering Services
Committee November 12, 2013)
Attachments
19. Motion to approve a Resolution to rename the portion of Alexander
Drive north of Riverwatch Parkway (beginning at the intersection of
Riverwatch Parkway and Alexander Drive and ending at Augusta Village
at Riverwatch LLC) to Cabela Drive. (Approved by Engineering
Services Committee November 12, 2013)
Attachments
PETITIONS AND COMMUNICATIONS
20. Motion to approve the minutes of the regular meeting of the
Commission held November 5, 2013 and Special Called Meeting held
November 12, 2013.
Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
11/19/2013
AUGUSTA COMMISSION
REGULAR AGENDA
11/19/2013
(Items 21-24)
PLANNING
21. Z-13-50 – A request for concurrence with the Augusta, Georgia
Planning Commission to approve with the conditions listed below a
petition by the Augusta Canal Authority, requesting a revision of a
Planned Unit Development per Section 19-9 of the Comprehensive
Zoning Ordinance for Augusta, Georgia to allow a public parking area
for the Augusta Canal affecting property containing .39 acres and known
as 2441 Riverlook Drive. Tax Map 014-0-057-01-0 DISTRICT 7 1) A
gate be installed at the entrance to the proposed parking lot that will be
locked at sundown and; 2) In addition to compliance with the Tree
Ordinance requirements for the overall site, a vegetated and tree’d buffer
along the western property line consisting of a staggered double row of
Leland Cypress or Cryptomeria Japonica, combined with a staggered
double row of Little Gem Magnolia shall be planted in lieu of the tree
and shrubbery requirement found in the Tree Ordinance along the
western property line adjacent to 2401, 2403, 2405 and 2407 Deodara
Drive.
Attachments
PUBLIC SAFETY
22. Approve the implementation of an Augusta Government Channel. (No
recommendation from Public Safety Committee November 12, 2013)
Attachments
ADMINISTRATOR
Upcoming Meetings
www.augustaga.gov
23. Motion to approve Augusta-Richmond County proposed FY 2014
Budget.
Attachments
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
24. Motion to authorize execution by the Mayor of the affidavit of
compliance with Georgia's Open Meeting Act.
Commission Meeting Agenda
11/19/2013 2:00 PM
Invocation
Department:
Caption:Rev. Rosland Jones, Assistant Pastor, Hudson Memorial CME
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
11/19/2013 2:00 PM
Employee of the Month
Department:
Caption:Congratulations! Mr. Wayne Redfern, Inspector Planning &
Development Department October Employee of the Month.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 2
Attachment number 1 \nPage 1 of 1
Item # 2
Commission Meeting Agenda
11/19/2013 2:00 PM
Joyce Law
Department:
Caption:Ms. Joyce Law regarding the enforcement of littering policies in
Richmond County.
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
11/19/2013 2:00 PM
Z-13-48
Department:Planning Commission
Caption: Z-13-48 - A request for concurrence with the Augusta, Georgia
Planning Commission to approve a petition by Palmetto Propane
Inc., on behalf of M L South Augusta, requesting a Special
Exception in an HI (Heavy Industry) Zone for a 30,000 gallon
above ground propane tank per Section 24-2(a)(25) of the
Comprehensive Zoning Ordinance for Augusta, Georgia affecting
property containing approximately 1.44 acres and is part of 1525
Doug Barnard Parkway. Tax Map 100-0-011-03-0 DISTRICT 1
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 4
Commission Meeting Agenda
11/19/2013 2:00 PM
Z-13-49
Department:Planning Commission
Caption: Z-13-49 – A request for concurrence with the Augusta, Georgia
Planning Commission to approve a petition by John E. Lovett
requesting a Special Exception for Family Personal Care Home
per Section 26-1 (h) of the Comprehensive Zoning Ordinance for
Augusta, Georgia affecting property containing approximately .33
acres and is known as 2308 Prague Court. Tax Map 082-0-167-
00-0 DISTRICT 4
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 5
Commission Meeting Agenda
11/19/2013 2:00 PM
Z-13-50
Department:Planning Commission
Caption: Z-13-50 – A request for concurrence with the Augusta, Georgia
Planning Commission to approve with the conditions listed below
a petition by the Augusta Canal Authority, requesting a revision of
a Planned Unit Development per Section 19-9 of the
Comprehensive Zoning Ordinance for Augusta, Georgia to allow
a public parking area for the Augusta Canal affecting property
containing .39 acres and known as 2441 Riverlook Drive. Tax
Map 014-0-057-01-0 DISTRICT 7 1) A gate be installed at the
entrance to the proposed parking lot that will be locked at
sundown and; 2) In addition to compliance with the Tree
Ordinance requirements for the overall site, a vegetated and tree’d
buffer along the western property line consisting of a staggered
double row of Leland Cypress or Cryptomeria Japonica, combined
with a staggered double row of Little Gem Magnolia shall be
planted in lieu of the tree and shrubbery requirement found in the
Tree Ordinance along the western property line adjacent to 2401,
2403, 2405 and 2407 Deodara Drive.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 6
Clerk of Commission
Cover Memo
Item # 6
Attachment number 1 \nPage 1 of 1
Item # 6
Commission Meeting Agenda
11/19/2013 2:00 PM
Alcohol Renewal Booklet
Department:Planning & Development
Caption:Motion to approve a request by Planning & Development
Department, Licensing Division, to renew the Alcohol Beverage
Licenses of all current license holders in the City of Augusta to
include all Adult Entertainment Establishments. There will be
Dance. There will be Sunday Sales. District 1 thru 8. Super Districts
9 & 10. (Approved by Public Services Committee November 12,
2013)
Background:This is the yearly renewal process for current license holders.
Analysis:The City Of Augusta's Alcohol Ordinance requires that Alcohol
Licenses and Adult Entertainment Licenses be approved for
renewal by the City of Augusta's Commission.
Financial Impact:
Alternatives:
Recommendation:Planning & Development recommends renewal The RCSO
recommnds renewal.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 7
Attachment number 1 \nPage 1 of 1
Item # 7
Commission Meeting Agenda
11/19/2013 2:00 PM
Approve the Guaranteed Maximum Price (GMP) submitted by the Construction Manager (Turner
Construction Company) for the Municipal Building Renovations
Department:Recreation, Parks and Facilities
Caption:Motion to approve the Guaranteed Maximum Price (GMP)
submitted by the Construction Manager (Turner Construction
Company) for Municipal Building Renovations for a total of
$24,939,565.00. (Approved by Public Services Committee
November 12, 2013)
Background:Turner Construction Company was selected under RFQ 10-039 as
the project’s Construction Manager at Risk for the Augusta
Georgia Municipal Building Interior Renovations project by the
Augusta Commission on January 17, 2012. A purchase order was
issued to Turner Construction Company on February 6, 2012 for
the amount of their general conditions, construction fee and
preconstruction fee. The Early Release bid packages were
presented to and approved by the Augusta Commission and is
cumulative of the total of the Guaranteed Maximum Price
submitted for approval.
Analysis:The proposed monetary modification is required due to bringing
the project to a final Guaranteed Maximum Price.
Financial Impact:Guaranteed Maximum Price: $24,939,565.00 (See Attached
Exhibit G)
Alternatives:1) Approve the final GMP Reconciliation submitted by Turner
Construction Company 2) Reject the GMP Reconciliation
submitted by Turner Construction Company
Recommendation:Approve the GMP submitted by Turner Construction Company of
$24,939,565.00.
Funds are Available
in the Following
Accounts:
GL 328-05-1120 JL 212055101
Cover Memo
Item # 8
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 8
Attachment number 1 \nPage 1 of 3
Item # 8
Attachment number 1 \nPage 2 of 3
Item # 8
Attachment number 1 \nPage 3 of 3
Item # 8
Commission Meeting Agenda
11/19/2013 2:00 PM
Transit Update
Department:Administrator
Caption:Motion to approve tasking the administrator to come back at the
next committee meeting with a plan of action regarding the
estabishment of a bus route to Fort Gordon and to move forward
with appointments to the Augusta Public Transit Advisory Board.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 9
Commission Meeting Agenda
11/19/2013 2:00 PM
AN ORDINANCE TO AMEND CODE SECTION 1-10-88 RELATING TO PROCUREMENT
PROTESTS.
Department:Procurement
Caption:Motion to approve an Ordinance to amend the Augusta, GA Code
Title One Chapter Ten Article Nine Section 1-10-88 relating to
Protestor Rights to be heard by the Board of Commissioners; to
repeal all Code Sections and Ordinances and Parts of Code
Sections and Ordinances in conflict herewith; to provide an
effective date and for other purposes. (Approved by the
Commission November 5, 2013 - second reading)
Background:WHEREAS, Section 1-10-88(b) of the Augusta, GA Code
currently states that: “After considering the evidence presented,
the Administrative Services Committee shall vote to grant or deny
the protest or to send the item to the full Augusta, Georgia
Commission without recommendation. Regardless of the decision
made by the Committee, the protest shall be forwarded to the full
Commission agenda. However, the Commission may, at its
discretion, dispose of the agenda item via the Consent Agenda and
the Protestor does not have the right to force the item to be moved
from the Consent Agenda to the Regular Agenda;” and
WHEREAS, on June 26, 2013, the Superior Court of Richmond
County, Georgia entered an order in the case of Meritain Health,
Inc. v. Augusta, Georgia, et al, 2012RCCV703, in which the Court
expressed concern over the due process rights of protestors as
currently articulated in Augusta, GA Code §1-10-88(b), especially
in cases where the item is forwarded without recommendation
from the Committee; andWHEREAS, it is the desire of the
Commission to amend Augusta, GA Code Section 1-10-88 to
address the Court’s concerns.
Analysis:See attached.
Financial Impact:N/A.
Alternatives:N/A.
Cover Memo
Item # 10
Recommendation:Approve.
Funds are Available
in the Following
Accounts:
N/A.
REVIEWED AND APPROVED BY:
Cover Memo
Item # 10
ORDINANCE NO. __________________
AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE TITLE ONE CHAPTER
TEN ARTICLE NINE SECTION 1-10-88 RELATING TO PROTESTOR RIGHTS TO BE
HEARD BY THE BOARD OF COMMISSIONERS; TO REPEAL ALL CODE
SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND
ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE
AND FOR OTHER PURPOSES.
WHEREAS, Section 1-10-88(b) of the AUGUSTA, GA CODE currently states that: “After
considering the evidence presented, the Administrative Services Committee shall vote to grant or
deny the protest or to send the item to the full Augusta, Georgia Commission without
recommendation. Regardless of the decision made by the Committee, the protest shall be
forwarded to the full Commission agenda. However, the Commission may, at its discretion,
dispose of the agenda item via the Consent Agenda and the Protestor does not have the right to
force the item to be moved from the Consent Agenda to the Regular Agenda;” and
WHEREAS, on June 26, 2013, the Superior Court of Richmond County, Georgia entered
an order in the case of Meritain Health, Inc. v. Augusta, Georgia, et al, 2012RCCV703, in which
the Court expressed concern over the due process rights of protestors as currently articulated in
Augusta, GA Code §1-10-88(b), especially in cases where the item is forwarded without
recommendation from the Committee; and
WHEREAS, it is the desire of the Commission to amend AUGUSTA, GA CODE Section 1-
10-88 to address the Court’s concerns.
THE AUGUSTA, GEORGIA COMMISSION hereby ordains as follows:
SECTION 1. Augusta, GA Code Section 1-10-88 as forth in the Augusta, GA Code, re-adopted
July 10, 2007, is hereby amended by striking this section in its entirety as set forth in “Exhibit A”
hereto. A new Code Section 1-10-88 is hereby inserted to replace the repealed Code Section as
set forth in “Exhibit B” hereto.
SECTION 2. This ordinance shall become effective upon approval.
SECTION 3. All ordinances, parts of ordinances, policies, and procedures concerning the time
or location of Commission, Committee, or Legal meetings in conflict herewith are hereby
repealed.
Adopted this ____ day of _______________, 2013.
______________________________
David S. Copenhaver
As its Mayor
Attest:
Attachment number 1 \nPage 1 of 5
Item # 10
________________________________
Lena J. Bonner, Clerk of Commission
1st Reading:______________________
2nd Reading:______________________
Attachment number 1 \nPage 2 of 5
Item # 10
Exhibit A
STRIKE:
Sec. 1-10-88. Administrative Services Committee hearing procedures and effect of failure
to appear at hearing.
(a) Protests appearing on the Administrative Services Committee shall be treated as any
other Committee agenda item, except that the Protestor, or his or her representative,
shall have the right to address the Committee and to present evidence in support of
the protest for a minimum of ten (10) minutes. The Procurement Director and user
department shall also have the opportunity to present evidence relating to the protest
for a minimum of ten (10) minutes. The Chairman of the Administrative Services
Committee may grant additional time equally to each party at his or her discretion.
(b) After considering the evidence presented, the Administrative Services Committee
shall vote to grant or deny the protest or to send the item to the full Augusta, Georgia
Commission without recommendation. Regardless of the decision made by the
Committee, the protest shall be forwarded to the full Commission agenda. However,
the Commission may, at its discretion, dispose of the agenda item via the Consent
Agenda and the Protestor does not have the right to force the item to be moved from
the Consent Agenda to the Regular Agenda.
(c) Effect of Failure to Appear at Hearing. Failure on the part of the Protestor to appear
before either the Administrative Services Committee of the full Augusta, Georgia
Commission is considered an abandonment of their right to appeal and a failure
on the part of the protestor to exhaust administrative remedies. The Procurement
Director’s decision is considered final and the award shall proceed accordingly.
However, the Chairman of the Administrative Services Committee or the Mayor may,
at his or her discretion, grant the Protestor one continuance to the next regularly
scheduled Committee or Commission Meeting. Such continuance may only be
granted during the Committee or Commission meeting and shall be recorded on the
minutes of such meeting.
Attachment number 1 \nPage 3 of 5
Item # 10
Exhibit B
REPLACE WITH:
Sec. 1-10-88. Administrative Services Committee hearing procedures and effect of failure
to appear at hearing.
(a) Protests appearing on the Administrative Services Committee shall be treated as any
other Committee agenda item, except that the Protestor, or his or her representative, shall
have the right to address the Committee and to present evidence in support of the protest
for a maximum of ten (10) minutes. The Procurement Director and user department, or
their representative, shall also have the opportunity to present evidence relating to the
protest for a maximum of ten (10) minutes. The Chairman of the Administrative Services
Committee may grant additional time equally to each party at his or her discretion.
(b) After considering the evidence presented, the Administrative Services Committee shall
make a recommendation to grant or deny the protest, or to send the item to the full
Augusta, Georgia Commission without recommendation. Regardless of the action taken
by the Committee, the protest shall be forwarded to the full Commission agenda for a
final decision. The Clerk of Commission shall make an audio recording of the protest
hearing and shall make such recording available to Commissioners within two (2)
business days following the hearing.
(c) Procedure to Speak to Full Commission Regarding Protest.
A protestor seeking to speak to the full Commission regarding his or her protest must
submit a request in writing, including his/her address and the name of the procurement
being protested, no later than 5:00 p.m. on the Wednesday preceding the next regularly
scheduled Commission meeting that follows the Administrative Services Committee
protest hearing. Such request shall be provided to the Clerk of Commission with a copy
to be provided to the Procurement Director. When the protest is heard by the
Commission, the protestor and the Procurement Director shall each have five (5) minutes
to summarize the arguments and evidence presented to the Administrative Services
Committee. The Commission will not hold a new hearing and will not accept new
evidence. If the protestor has not made a timely request to address the full Commission,
the Commission may, at its discretion, dispose of the agenda item via the Consent
Agenda.
(d) Effect of Failure to Appear at Hearing. Failure on the part of the Protestor to appear
before either the Administrative Services Committee or the full Augusta, Georgia
Commission is considered an abandonment of their right to appeal and a failure on
the part of the protestor to exhaust administrative remedies. The Procurement
Director’s decision is considered final and the award shall proceed accordingly.
However, the Chairman of the Administrative Services Committee or the Mayor may, at
his or her discretion, grant the Protestor one continuance to the next regularly scheduled
Committee or Commission Meeting. Such continuance may only be granted during the
Attachment number 1 \nPage 4 of 5
Item # 10
Committee or Commission meeting and shall be recorded on the minutes of such
meeting.
Attachment number 1 \nPage 5 of 5
Item # 10
Commission Meeting Agenda
11/19/2013 2:00 PM
Acceptance of VOCA Grant
Department:Clerk of Commission
Caption:Motion to approve acceptance of the Victims of Crime Act
(VOCA) funding for the Solicitor General's Office from the
Prosecuting Attorneys' Council of Georgia in the amount of
$30,000 with matching funds of $7,500 for a total of $37,500 for
the grant period of October 1, 2013 through September 30, 2014
(Approved by Public Safety Committee November 12, 2013).
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 11
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Item # 11
Commission Meeting Agenda
11/19/2013 2:00 PM
AN ORDINANCE TO AMEND THE CODE SECTIONS 6-6-1 THROUGH 6-6-36, TO ADD A NEW
SECTION 6-6-37; TO CLARIFY CODE REQUIREMENTS AS TO BOOKS AND BOOK DEALERS
AND FOR OTHER PURPOSES.
Department:Sheriff's Office
Caption:Motion to refer this Ordinance to amend the Augusta, Georgia
Code, Title 6 Chapter 6, Section 6-6-1 through Section 6-6-36, to
add a new section to be designated 6-6-37; to provide for
additional definitions; to clarify Code requirements as to books
and book dealers; to provide updates; to repeal all Code
sections and Ordinances and parts of Code Sections and
Ordinances in conflict herewith; to provide an effective date
and for other purposes back to the Sheriff's Department for
revisions and bring back to the committee for action. (Approved
by Public Safety Committee November 12, 2013)
Background:On May 21, 2013 the Augusta, Georgia Commission approved
Ordinance No. 7409 providing for operating standards for
Brokers, Pawnbrokers, Dealers in Precious Metals or Gems and
Itinerant Dealers in Precious Metals or Gems. The Sheriff’s Office
recognizes the need to clarify the requirements of Ordinance No.
7409 with respect to books and Book Dealers and to add
additional definitions and updates to this ordinance.
Analysis:See attached.
Financial Impact:None.
Alternatives:N/A.
Recommendation:Approve.
Funds are Available
in the Following
Accounts:
N/A.
Cover Memo
Item # 12
REVIEWED AND APPROVED BY:
Administrator
Clerk of Commission
Cover Memo
Item # 12
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6 CHAPTER 6,
SECTION 6-6-1 THROUGH SECTION 6-6-36, TO ADD A NEW SECTION TO BE
DESIGNATED 6-6-37; TO PROVIDE FOR ADDITIONAL DEFINITIONS; TO CLARIFY
CODE REQUIREMENTS AS TO BOOKS AND BOOK DEALERS; TO PROVIDE
UPDATES; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF
CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN
EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, on May 21, 2013 the Augusta, Georgia Commission approved Ordinance No. 7409
providing for operating standards for Brokers, Pawnbrokers, Dealers in Precious Metals or Gems
and Itinerant Dealers in Precious Metals or Gems; and
WHEREAS, the Sheriff’s Office recognizes the need to clarify the requirements of Ordinance
No. 7409 with respect to books and Book Dealers and to add additional definitions and updates
to such ordinance; and
THE AUGUSTA, GEORGIA COMMISSION ordains as follows:
SECTION 1. Section 6-6-1 through section 6-6-36 of AUGUSTA, GA CODE, Chapter 6, Title 6,
as amended May 21, 2013, is hereby amended by striking these sections in their entirety. New
sections 6-6-1 through 6-6-36 are hereby inserted to replace the repealed sections as set forth in
Exhibit “A” hereto.
SECTION 2. AUGUSTA, GA CODE, Chapter 6, Title 6, as amended May 21, 2013, is hereby
further amended to add new section to be designated section 6-6-37 as set forth in “Exhibit B”
hereto.
SECTION 3. This ordinance shall become effective upon its adoption in accordance with
applicable laws.
SECTION 4. All ordinances, parts of ordinances, policies, and procedures in conflict herewith
are hereby repealed.
Adopted this _____ day of__________, 2013.
__________________________
David S. Copenhaver
Attest: As its Mayor
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
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CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta, Georgia Commission
on_________________, 2013 and that such Ordinance has not been modified or rescinded as of
the date hereof and the undersigned further certifies that attached hereto is a true copy of the
Ordinance which was approved and adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
First Reading ______________________
Second Reading ______________________
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Exhibit “A”
Replace existing with:
Chapter 6
SECONDHAND GOODS
ARTICLE 1. BROKERS, PAWNBROKERS, DEALERS IN PRECIOUS METALS OR
GEMS, AND ITINERANT DEALERS IN PRECIOUS METALS OR GEMS.
Sec. 6-6-1. Definitions.
As used in this article, the following terms have the following meanings:
(a) "Book" means a literary or scientific work comprised of a number of sheets of paper,
parchment or other material with writing or printing on them, fastened together along at least one
edge, usually between protective covers. For purposes of this chapter "book" shall include all
magazines, journals, trade publications and posters containing words, pictures, diagrams, etc.
Electronic reading devices, such as tablets, laptops, netbooks and e-book readers are not
considered books for purposes of this chapter.
(b) "Book Dealer" means a Broker engaged in the business of buying or selling books as defined
in this chapter and having book sales comprise at least 60% of the gross receipts of the Broker’s
business.
(c) "Broker" means any person engaged, in whole or in part, in the business of buying or selling
tangible personal property, goods or merchandise of any description from persons or sources
other than manufacturers or business tax certified dealers.
(d) "Dealer in precious metals or gems" means any person engaged at a permanent location in
Richmond County in the business of purchasing precious metals or gems or goods made from
precious metals or gems from persons or sources other than manufacturers, manufacturers'
representatives, or other dealers in precious metals or gems; or any person engaged in any other
business if, in conjunction with such business, precious metals or gems or goods made from
precious metals or gems are purchased from persons or sources other than manufacturers,
manufacturers' representatives, or other dealers in precious metals or gems where such purchase
is for resale in its original form or as changed by remounting, melting, re-forming, remolding, or
recasting or for resale as scrap or in bulk.
(e) "Electronic Reporting System" means a computer based system, as specified by the Sheriff,
which is designed to record and transmit data and information electronically.
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(f) "Fingerprint requirement" means each person selling any property subject to regulation by
this chapter, shall submit to having the fingerprint of the right hand thumb, unless such thumb is
missing, in which event the print of the next finger in existence on the right hand shall be
obtained with a notation as to the exact finger printed. The fingerprint shall be imprinted onto the
transaction form in the designated area along with the signature of the person selling the
property. The fingerprint must be clear and legible. In the event that more than one transaction
form is required, a fingerprint and signature will be obtained for each form. Fingerprints and the
information required herein shall be obtained each time such person pledges, trades, pawns,
exchanges, or sells any property regulated by this chapter. The fingerprint shall be taken with a
digital reader and uploaded to an electronic reporting system required by the Sheriff. Fingerprint
reader model is specified by the Sheriff's Office.
(g) "Gems" means any precious or semiprecious stone which is cut and polished.
(h) "Itinerant Dealer in Precious Metals or Gems" means a person who, due to the temporary
manner in which the business is operated, is considered a 'transient vendor' and is required to
have an occupation tax certificate to operate a business in Augusta, Georgia as required in 6-5-3,
and who enters Augusta, Georgia on a temporary, itinerant basis for a period of time not more
than 15 days and advertises by any form of media communication to the public that it will buy,
sell or otherwise trade in and receive precious metals or gems at a nonpermanent location within
Augusta, Georgia.
(i) "Nonpermanent location" means any location designated to be used to conduct a business
engaged in dealing in precious metals or gems by an itinerant merchant, in any temporary place,
including but not limited to hotels or motels, any movable vehicle, or other temporary or
movable structure to be used to conduct such business for a limited or specific time.
(j) "Numismatic coins" means coins whose value as collectors' items exceeds the value of the
content of the precious metals in the coins.
(k) "Pawnbroker" means any person engaged in whole or in part in the business of lending
money on the security of pledged goods, or in the business of purchasing tangible personal
property on the condition that it may be redeemed or repurchased by the seller for a fixed price
within a fixed period of time, or in the business of purchasing tangible personal property from
persons or sources other than manufacturers or licensed dealers as a part of or in conjunction
with the business activities described in this section.
(l) "Pawn or pledge" means a bailment of personal property as security for any debt or
engagement, redeemable upon certain terms and with the power of sale on default.
(m) "Pawnshop" means any business wherein a substantial part thereof is to take or receive, by
way of pledge, pawn, consignment or exchange, any goods, wares, merchandise, or any kind of
personal property whatever, as security for the repayment of money lent thereon.
(n) "Pawnshop transaction" means to take or receive any article of property regulated by this
chapter from any customer, by pawning, pledging, trading, exchanging, purchasing, or other
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means. Transactions involving the buying and selling of books, as defined by this chapter, are
not pawnshop transactions.
(o) "Person" means an individual, partnership, corporation, joint venture, trust, association or
any other legal entity however organized.
(p) "Precious metals" means gold, silver, or platinum or any alloy containing gold, silver, or
platinum.
(q) "Proper identification" means anyone of the following:
(1) A Georgia driver's license which was properly issued by the appropriate state agency;
(2) A valid Georgia voter identification card or other valid identification card issued by a
branch, department, agency, or entity of the State of Georgia, any other state, or the
United States authorized by law to issue personal identification, provided that such
identification card contains a photograph of the customer;
(3) A valid United States passport;
(4) A valid employee identification card containing a photograph of the customer and
issued by any branch, department, agency, or entity of the United States government, this
state, or any county, municipality, board, authority, or other entity of this state;
(5) A valid United States military identification card, provided that such identification
card contains a photograph of the customer; or
(6) A valid tribal identification card containing a photograph of the customer.
(r) "Third party administrator" means any individual, business or corporation designated by the
Sheriff to administer the reporting requirements of this ordinance.
Sec. 6-6-2. Responsibility for Enforcement.
The Richmond County Sheriff’s Office shall have the responsibility for the enforcement of this
article. The Sheriff, or his representative, shall have the authority to inspect establishments
licensed under this chapter during the hours in which the premises are open for business. These
inspections shall be made for the purpose of verifying compliance with the requirements of this
chapter and state law. This section is not intended to limit the authority of any other Augusta,
Georgia officer or employee to conduct inspections authorized by other provisions of the
Augusta, GA Code.
Sec. 6-6-3. Business tax certificate required.
Any person, firm or corporation who does business in Richmond County as a Broker,
Pawnbroker, Book dealer, Dealer in Precious Metals or Gems, or Itinerant Dealers in Precious
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Metals or Gems shall, before engaging in such business, obtain a business tax certificate in
accordance with Title 2, Chapter I of the Augusta Richmond County Code.
Sec. 6-6-4. Requirements of this Article in addition to requirements of Title 2, Chapter 1.
The provisions of this Chapter are intended to augment and be in addition to the provisions of
Title 2, Chapter 1 (Business Tax Certificate). Where this chapter imposes a greater restriction
upon persons, premises, businesses or practices than is imposed by Title 2, Chapter 1, this
chapter shall control.
Sec. 6-6-5. Compliance with State Law; exemption for used motor vehicle dealers and scrap
metal processors.
(a) Nothing in this Chapter shall relieve Brokers, Pawnbrokers, Book Dealers and other dealers
from the necessity of complying with state and federal law.
(b) Used motor vehicle dealers, dismantlers and salvage dealers (as defined by O.C.G.A. section
43-47-2) and scrap metal processors (as defined by O.C.G.A. section 43-43-1) are exempt from
the requirements of this chapter.
Sec. 6-6-6. Application: Broker, Pawnbroker, Book Dealer, Dealer in Precious Metals or Gems,
Itinerant Dealers in Precious Metals or Gems.
The application for said business shall be signed and dated by the applicant and contain answers
to the following questions:
(a) What is the kind of business to be operated?
(b) What is the name of the business?
(c) What is the location where such business is proposed to be carried on and the telephone
number of said location?
(d) What is the name of the applicant for the business tax certificate, and the home address and
telephone number of said applicant?
(e) Where has applicant resided for the six (6) months preceding the date of this application?
(f) What was the applicant's previous home address, and how long was applicant a resident
there?
(g) What is the Social Security number of said applicant?
(h) What are the names and addresses of all persons having an interest in said business?
(i) What interests do such persons have?
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(j) Who is the landlord or owner of said location, and what is the address and telephone number
of said landlord or owner?
(k) Has the applicant or any person connected with or having an interest in said business:
(l) Been charged or convicted of any violation of law (other than minor traffic violations)
in any locality?
(2) Served time in prison, or other correctional institution?
If the answer to section (1) of the above question is 'yes', state circumstances in detail.
Information must be complete as to dates, charges, court of jurisdiction, and disposition for each
person. If the answer to section (2) of the above question is 'yes', state circumstances in detail.
Information must be complete as to charge on which convicted, name of prison or correctional
institution, length of time served, date of release from prison or correctional institution, or
whether on probate or parole, and the terms thereof.
(l) Give the name, home address and telephone number and place of employment of two (2)
persons who are residents of this county, who are familiar with your character and reputation.
All of the foregoing information is hereby given and all of the foregoing statements are hereby
made on oath, willfully, knowingly, and absolutely, and the same is and are hereby sworn to be
true under penalty for false swearing, as provided by law.
Applicant's Signature
Sworn to and subscribed before me, this ______day of 20____.
Notary Public
Sec. 6-6-7. Regulatory fee.
Any person, firm or corporation who does business in Augusta, Georgia as a Broker,
Pawnbroker, Book Dealer, Dealer in Precious Metals or Gems, Itinerant Dealers in Precious
Metals or Gems shall, before engaging in such business, pay such regulatory fee as is provided in
section 2-1-3(c) of the Augusta, Georgia Code.
Sec. 6-6-8. Right of suspension by Planning and Development Department: Revocation.
The Planning and Development Department shall have the right to immediately suspend, for
cause, any business tax certificate issued under this article whenever a person, firm or
corporation doing business shall deviate from the normal operation for which the business tax
certificate was obtained or fails in performance to meet the required regulations and code as set
forth by the Planning and Development Department, Sheriff’s office or Health department; or
violates any law or ordinance of the United States, or the state or Augusta, Georgia, in pursuance
of such business conducted under such business tax certificate; or when it shall be proven before
the Planning and Development Department that there is a violation of a nuisance law; or when
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the health, morals, interests and convenience of the public demand the suspension of such
business tax certificate. The Planning and Development Department shall report the suspension
of such business tax certificate to the next regular or called meeting of the Commission, and shall
provide the licensee with at least three (3) days' notice of said meeting, at which meeting the
licensee may make such showing as he/she may deem proper. After a hearing, Commission shall
either continue the suspension, place the license on probation, permanently revoke the license, or
restore the license such that it remains in full force. A license granted hereunder shall also be
subject to revocation for cause, either with or without a prior suspension of the license.
Whenever, in the opinion of the Planning and Development Department, there is cause to revoke
the license, a written notice of intention to revoke it shall be furnished the holder thereof three
(3) days before a regular or called meeting of the Commission at which time the holder of the
license may make such showing as he/she may deem proper. After a hearing, the Commission
may revoke the license if, in its discretion, it is in the best interest, peace and good order of
Augusta, Georgia, or there has been any violation of the ordinances and code of Augusta,
Georgia, or the laws of the State of Georgia or the United States in the conduct of the place of
business.
Sec. 6-6-9. Conduct of business.
The following rules and regulations are hereby established, and shall govern the conduct and
operation of every place of business regulated by this chapter, and every person owning and
operating such place of business.
Sec. 6-6-10. Daily Electronic Reporting.
(a) All businesses regulated by this article shall make correct and truthful entries of information
as required by the applicable Section as soon after the transaction as possible and in no event
more than one hour after the applicable time set for closing of the business. The daily electronic
reporting shall be by an electronic reporting system required by the Sheriff. Every Broker,
Pawnshop and Book Dealer shall enter each transaction as it occurs into the electronic reporting
system via the internet to the administrator of the electronic reporting system. The administrator
of the electronic reporting system will electronically transmit all transactions to the Sheriff’s
Office.
(b) In the event that the electronic reporting system becomes temporarily or permanently
disabled, businesses will be notified as soon as possible by the Sheriff's Office. In this event, the
businesses will be required to make records of transactions in paper form as prescribed by the
Sheriff's Office. Such paper forms must include all information required under the applicable
Section related to the business. Businesses shall be responsible for maintaining an adequate
inventory of these forms.
(c) The Sheriff shall select and provide the required electronic reporting system software, and
designate the required fingerprint reader model to be purchased by the business.
Sec. 6-6-11. Recordkeeping Requirements. Brokers, Pawnbrokers and Book Dealers.
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Except as otherwise provided in section 6-6-12, all Brokers, Pawnbrokers and Book Dealers
shall maintain records documenting all pawnshop transactions as follows:
(a) At the time of the actual transaction, Brokers, Pawnbrokers and Book Dealers shall complete
the transaction form designated by the Sheriff. The business owner shall maintain a copy of the
completed transaction form on the licensed premises for at least one (1) year after the date of the
transaction. However, the business owner shall maintain a copy of the transaction form either on
premise or off premise at a location within Richmond County approved by the Sheriff for not
less than four (4) years. Such records may be kept electronically as long as a copy of the
electronic records can be provided to the Sheriff or other law enforcement agency upon demand.
(b) The record required above shall contain:
(1) The time, date, and place of the transaction.
(2) A complete and accurate description of the goods acquired, including the following
information, if applicable:
a. Brand name (and if applicable, stock keeping unit (SKU)).
b. Model number
c. Manufacturer's serial number.
d. Size.
e. Color, as apparent to the untrained eye.
f. Precious metal type, weight, and content if known, as well as a digital
photograph.
g. Gemstone description, including the number of stones, if applicable, as well as
a digital photograph.
h. In the case of firearms, the type of action, caliber or gauge, number of barrels,
barrel length, and finish.
i. Any other unique identifying marks, numbers, or letters.
j. The price paid for the goods purchased.
k. A digital photograph of the items purchased.
(3) The Broker, Pawnbroker and Book Dealer shall require verification of identification
of the person from whom the goods are acquired by accepting only proper identification
as defined herein, as well as a description of the person including:
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a. Full name, current residential address, workplace, and home and work phone
numbers.
b. Height, weight, date of birth, race, gender, hair color, eye color, and any other
identifying marks.
c. A Photo copy of the seller's proper identification.
d. A digital reader fingerprint of the seller's right hand thumb (see fingerprint
definition). The digital fingerprint file shall be uploaded to an electronic reporting
system required by the Sheriff.
(4) The record shall contain the type of identification exhibited, the issuing agency, and
the number thereon.
(5) The seller shall sign a statement verifying that the seller is the rightful owner of the
goods or is entitled to sell, consign, or trade the goods.
(6) Any other information required by the format designated by the Sheriff.
Sec. 6-6-12. Daily accurate report; false statements.
(a) Every Broker, Pawnbroker and Book Dealer (or his employees or agents) shall make correct
and truthful entries of the above-required information in the daily electronic reporting required in
Section 6-6-10.
(b) It shall be unlawful for a person engaged in the business of Broker, Pawnbroker or Book
Dealer to make any false entry in any report. Any person making any willfully false or
misleading statements in the report shall be punished as provided in section 6-6-22.
Sec. 6-6-13. Exceptions from certain record keeping requirements.
(a) Transactions involving the sale of books, as defined by this chapter, are not subject to the
record keeping requirements of this chapter.
(b) Book Dealers are excluded from the record keeping requirements of section 6-6-
11(b)(2)(k)(digital photograph) and section 6-6-11(b)(3)(d)(fingerprint), provided such Book
Dealer meets all of the following requirements:
(1) Book Dealer must supply the Sheriff’s Office with annualized gross receipts
reflecting that at least 60% of the retail sales of the Book Dealer occurring in Richmond County
are of “Books” as defined by this chapter. Such receipts shall be required 60 days following the
effective date of this ordinance for the year 2014 and on or before February 1 each year
thereafter. In the event annualized gross receipts reflect less than 60% book sales, the Book
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Dealer must comply with all of the record keeping requirements of section 6-6-11 within 60
days.
(2) Book Dealer must make a high quality video recordings of each transaction wherein
the Book Dealer is purchasing an item regulated by this chapter from retail customers; must
preserve such recordings for a minimum of 60 days following each transaction; and must make
such video recordings available to the Sheriff’s Office upon request without the requirement of a
warrant.
Sec. 6-6-14. Minors.
It is unlawful for any broker, pawnbroker, or agent or employee thereof to receive any article in
pawn or purchase any article for resale from any person under 17 years of age.
Sec. 6-6-15. Pawnbrokers; bond required.
In addition to the business tax certificate required by section 6-6-3 herein, it shall be unlawful for
any person to engage in the business of pawn broking within Richmond County without giving
bond, with two (2) good and approved securities, in the sum of five thousand dollars ($5,000.00),
conditioned to make good all damages sustained by the carelessness, neglect or unfair dealing of
such licensee.
Sec. 6-6-16. Premises open to Sheriff.
Every Broker, Pawnbroker and Book Dealer shall admit to his premises any Sheriff’s deputy,
who in the performance of official lawful duties may desire at any time to search for articles
missing or stolen, or to make any inspection authorized by this article, without the formality of a
search warrant.
Sec. 6-6-17. Inspection of pledges and purchases and records.
All articles pledged or sold to Brokers, Pawnbrokers and Book Dealers shall, at all times, be
subject to inspection and examination by the Sheriff. All records required to be kept by this
chapter or by policies of the Sheriff's Office shall be subject to inspection and examination by
the Sheriff.
Sec. 6-6-18. Goods held for 30 days; law enforcement holds.
(a) Any pawnbroker or person operating under a pawnbroker's license who takes goods on pawn
or buys goods, taking full title thereto, the word "goods" being used in the broadest sense and
including all kinds of personal property, shall hold the goods so taken in pawn or purchase for at
least 30 days before disposing of the goods by sale, transfer, shipment or otherwise.
(b) The Richmond County Sheriff’s Office has the authority to place property that is the subject
of law enforcement investigation on "law enforcement hold." In that event, the Richmond
County Sheriff’s Office shall notify the pawnbroker of the need for a police hold and identify all
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property subject to the police hold. Upon notification, it shall be the responsibility of the
pawnbroker to maintain the subject property until such time as the property is released from law
enforcement hold status or the property is confiscated as evidence.
Sec. 6-6-19. Pawnbrokers; amount of loan.
Upon all articles pawned the pawnbroker may advance such sum and for such time as may be
agreed on with the pawner.
Sec. 6-6-20. Sale of unredeemed articles; pawner's right of redemption.
Upon the failure of the pawner to redeem the articles pledged at the time agreed on, the
pawnbroker may, after the expiration of 30 days, sell such articles.
Sec. 6-6-21. Pawn tickets.
It shall be unlawful for any pawnbroker to fail to deliver to the pawner, at the time of the
pawning, a certificate or ticket, numbered to correspond with the number and description in the
record he is required by this chapter to keep.
Sec. 6-6-22. Sign.
It shall be unlawful for any pawnbroker to fail to affix the usual pawnbroker's sign, a three-ball
pendant, to his place of business, within five (5) days after receiving his pawnbroker's business
tax certificate.
Sec. 6-6-23. Money lenders, except banks and like institutions, as pawnbrokers.
Any person, except banks and other institutions of like character regulated and licensed solely by
the state, lending money on or purchasing personal property from individuals, shall be classed as
pawnbrokers and shall pay the fee required of pawnbrokers, and shall make daily reports to the
Sheriff’s Office of such loans or purchases, and shall in all other respects be subject to and
governed by the provisions of this article regulating the business of a pawnbroker.
Sec. 6-6-24. Penalties.
(a) Any person running a business as a Broker, Pawnbroker, or Book Dealer or any employee or
agent thereof, shall be punished as provided by Section 1-6-1, and, in addition, by the revocation
of the regulatory permit of the pawnbroker violating the provisions of any law or ordinance
pertaining to pawnbrokers.
(b) Any person running a business dealing in precious metals or gems, or any employee or agent
thereof, violating any of the provisions of this chapter shall be punished as provided by Section
1-6-1, and, in addition, by the revocation of the regulatory permit of the dealer in precious metals
or gems violating the provisions of any law or ordinance pertaining to dealers in precious metals
or gems.
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(c) Any person running a business as an itinerant merchant dealing in precious metals or gems,
or any employee or agent thereof, violating any of the provisions of this chapter shall be
punished as provided by Section 1-6-1, and, in addition, by the revocation of the regulatory
permit of the itinerant merchant dealing in precious metals or gems violating the provisions of
any law or ordinance pertaining to dealers in precious metals or gems.
Sec. 6-6-25. Notice of intent to conduct business.
(a) Business Tax Certificate Required. Any person, firm or corporation who does business in
Richmond County as Dealers in Precious Metals or Gems shall, before engaging in such
business, obtain a business tax certificate in accordance with §6-6-3 and §6-6-4 of the Augusta,
GA Code.
Sec. 6-6-26. Dealers in Precious Metals or Gems; Registration and Regulatory Permit Required.
(a) No person shall engage in business as a dealer in precious metals or gems until he has
registered as a dealer in precious metals or gems for each separate place of business with the
Richmond County Sheriff’s Office and has applied for a regulatory permit to operate said
business in Richmond County. The registration and permit application shall be in writing and
shall be sworn to or affirmed by the dealer in precious metals or gems on a form as prescribed by
the Sheriff’s Office.
(b) The registration and permit application shall contain the full name, business address, home
address and date of birth of the dealer together with the full names, home addresses, and dates of
birth of all other persons having an ownership interest or actually employed in the business other
than publicly held corporations. In the case of a corporation, this list shall include full names,
dates of birth and titles of corporate officers and owners often or more percent of the common or
preferred stock.
(c) No person shall be eligible for a regulatory permit or to register as a dealer in precious metals
or gems if any owner, manager, employee or stockholder, other than stockholders owning less
than ten (10) percent of the outstanding shares of a publicly held corporation, has been convicted
of a felony under the laws of this state or any other state or the United States. This subsection
shall not apply to any person who has been convicted of a felony after ten years have expired
from the date of completion of the felony sentence. Prior to the issuance of an occupation tax
certificate and the regulatory permit, a background investigation shall be required for the
stockholders, owner(s), manager(s), and employee(s). If the eligibility requirements are met, then
the occupation tax certificate and the regulatory permit shall be issued, and the registration
allowed.
(d) Such occupation tax certificate and regulatory permit shall be for the calendar year and must
be renewed prior to the expiration date. All independent contractors must have the certificates
and permits required by this chapter. In addition, each applicant shall pay an initial registration
fee to the Richmond County Sheriff’s Office of $25.00 to cover the cost of registering such
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persons. The registration shall be renewed annually upon presentation of a current tax certificate
and regulatory permit by the dealer.
(e) It shall be the responsibility of the Planning and Development Department to issue and
receive payment for the occupation tax certificate.
(f) It shall be the responsibility of the Sheriff or designee to issue and receive payment for the
regulatory permit. The cost of the regulatory permit shall be $25.00 for each individual listed on
the application and shall be used to cover the cost of the criminal history(s) and background
investigation of the applicant(s) investigation in addition to any fees charged by the State. The
Director of Planning and Development or his designated representative shall submit the
application after filing to the Sheriff’s Office. Each applicant authorizes the Sheriff’s Office and
its agents to secure from any court, law enforcement agency, or other public agency his criminal
history and the criminal history of all individuals required to be listed on the application,
including but not limited to sole proprietor, partners, members, corporate officers, stockholders,
and managers, and authorizes Augusta, Georgia to use such information in determining whether
the license applied for shall be issued. Each applicant waives any right that he would otherwise
have to preclude Augusta, Georgia or its agents from obtaining and using such information and
each applicant further waives any liability of Augusta, Georgia or its agents for obtaining and
using such information, and agrees to indemnify and hold Augusta, Georgia harmless against the
claims of any person listed by the applicant on the application and by doing so has authorized
Augusta, Georgia to investigate. The Sheriff’s Office shall make an arrest and conviction
investigation concerning any applicants hereunder and all individuals required to be listed on the
application, including but not limited to sole proprietor, partners, LLC members, corporate
officers, corporate stockholders, and managers. The Sheriff’s Office shall submit the results of
the investigation to the Director of Planning and Development or his designated representative
within 30 days of submission.
(g) All applications shall contain the address of the premises upon which the business is
conducted and the zoning classification of the premises.
(h) Each dealer shall be required to notify the Richmond County Sheriff’s Office in writing
within seven (7) calendar days of any change of address of the dealer or business or any change
of ownership in the business. A copy of the change of address or ownership in the business shall
be transmitted to the sheriff of the county within seven days of the notification.
Sec. 6-6-27. Recordkeeping Requirements.
(a) Every dealer in precious metals or gems shall maintain a record, in permanent form, in which
shall be entered at the time of each purchase of precious metals or gems or goods made from
precious metals or gems the following:
(1) The date and time of the purchase;
(2) The name of the person making the purchase from the seller;
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Item # 12
(3) The name, age, and address of the seller of the items purchased and the distinctive
number from such seller's driver's license or other proper identification as defined herein,
containing a photo of the seller;
(4) A photocopy of the seller's proper identification.
(5) A digital reader fingerprint of the seller's right hand thumb (see fingerprint
definition). The digital fingerprint file shall be uploaded to an electronic reporting system
required by the Sheriff.
(6) A clear and accurate identification and description of the purchased goods, including
the serial, model, or other number, and all identifying marks inscribed thereon as well as
a digital photograph. If a criminal investigation occurs, the dealer in precious metals and
gems shall, upon request, provide a clear and legible copy of the image to the appropriate
law enforcement agency.
(7) The price paid for the goods purchased;
(8) The number of the check issued for the purchase price, if payment is made by check;
and
(9) The signature of the seller.
(b) The permanent record required by this Code section shall be in legible English. Entries shall
appear in chronological order. No blank lines may be left between entries. No obliterations,
alterations, or erasures may be made. Corrections shall be made by striking through the entry
without destroying its legibility. The record shall be maintained for each purchase of precious
metals or gems or goods made from precious metals or gems for at least one year on-site or for at
least two years off-site at a location within Richmond County approved by the Sheriff. Such
records may be kept electronically as long as a copy of the electronic records can be provided to
the Richmond County Sheriff’s Office or other law enforcement agency upon demand. The
record shall be open to the inspection of any duly authorized law enforcement officer during the
ordinary hours of business or at any reasonable time.
(c) Dealers exclusively engaged in buying or exchanging for merchandise scrap dental gold and
silver from licensed dentists by registered or certified mail or statutory overnight delivery may
record the post office record of the mailed parcel in lieu of the seller's age and proper
identification as required in paragraph (3) of subsection (a) of this Code section and in lieu of the
seller's signature as required in paragraph (7) of subsection (a) of this Code section.
Sec. 6-6-28. Daily electronic reporting required.
(a) Every dealer in precious metals or gems shall comply with the requirements for daily
electronic reporting as set forth in Section 6-6-10. The daily electronic reports shall contain the
information required in Section 6-6-27(a) (1)-(9) in a form approved or prescribed by the Sheriff
Attachment number 1 \nPage 15 of 20
Item # 12
of all precious metals or gems or goods made from precious metals or gems purchased on the
day of the report.
(b) All reports shall be maintained in a secure location under the direct supervision of the
appropriate Sheriff’s Officer. All reports shall be available for inspection only for law
enforcement purposes as provided in O.C.G.A. Section 43-37-4(b) and (c) Any Sheriff’s Officer
may, in his discretion, authorize any person who demonstrates theft of precious metals or gems
by the presenting of an incident report or other similar document to inspect the reports at the
Sheriff’s Office in an effort to locate stolen property.
Sec. 6-6-29. Unlawful activities.
(a) It shall be unlawful for any dealer in precious metals or gems or any agent or employee of a
dealer in precious metals or gems who makes purchases of precious metals or gems or of goods
made from precious metals or gems to:
(1) Make any false statement in the permit application and registration provided for in
Section 6-6-26;
(2) fail to maintain and make entries in the permanent record as required by Section 6-6-
27;
(3) make any false entry in such permanent record;
(4) Falsify, obliterate, destroy, or remove from the place of business such permanent
record;
(5) Refuse to allow any duly authorized law enforcement officer to inspect such
permanent record, or any precious metals or gems or goods made from precious metals or
gems in his possession, during the ordinary hours of business or at any reasonable time;
(6) Sell, exchange, or remove from the legal possession of the buyer, or to alter the form
of, any precious metals or gems or goods made from precious metals or gems purchased
by remounting, melting, cutting up, or otherwise altering the original form until at least
10 calendar days have elapsed from the time of purchase or acquisition;
(7) Fail to make the report as required in this Article; or
(8) Purchase any precious metals or gems from any person under 17 years of age.
(b) It shall be unlawful for any person to advertise or transact business as a dealer in precious
metals or gems without first registering and obtaining the regulatory permit pursuant to the
requirements of this Article.
Attachment number 1 \nPage 16 of 20
Item # 12
(c) It shall be unlawful for any dealer in precious metals or gems to purchase precious metals in a
melted or smelted state unless the purchase is from a registered dealer in precious metals or
gems.
(d) If any Sheriff's officer has probable cause to believe that precious metals or gems have been
stolen, he may give notice in writing to the dealer to retain the precious metals or gems for an
additional 15 days; and it shall be unlawful for the dealer to dispose of the property unless the
notice is revoked in writing within the 15 day period.
Sec. 6-6-30. Applicability of Article.
(a) This Article shall not apply to any precious metals or gems containing precious metals or
gems obtained from industrial producers, manufacturers, licensed dealers, or distributors.
(b) This Article shall not apply to dealers exclusively engaged in the sale or exchange of
numismatic coins or to transactions exclusively involving numismatic coins or other coinage.
Sec. 6-6-31. Itinerant Dealers in Precious Metals or Gems. Applicability.
This section shall be applicable to all itinerant dealers of precious metals or gems, whether their
sales, trades and purchases are at retail or wholesale or by any form of pawn. Specifically
excluded are wholesalers, buyers and sellers who sell, trade and deal only with mercantile
establishments or purchase precious metals or gems from manufacturers, manufacturer's
representatives, or other dealers in precious metals or gems.
Sec. 6-6-32. Notice of intent to conduct business.
(a) Business Tax Certificate Required. Any person, firm or corporation who does business in
Richmond County as an Itinerant Dealers in Precious Metals or Gems shall, before engaging in
such business, obtain a business tax certificate in accordance with section 6-6-3 and section 6-6-
4 of the Augusta, GA Code.
(b) Permit required. It shall be unlawful for any person to engage in activities as an itinerant
dealer in precious metals or gems in Richmond County without having obtained a valid permit
for each separate location and for each person engaging in said activities. Prior to advertising any
buying, selling, trading or otherwise dealing in precious metals or gems, an itinerant dealer shall,
at least three (3) business days prior to the initial advertising, file with the Sheriff’s Office an
application for a regulatory permit to conduct the business of itinerant dealer in precious metals
or gems in Richmond County.
(c) Such application shall include the following:
(1) Full name of the person, group or association, and its address;
(2) The name of the person who will be conducting business in Richmond County and his
home address, including proper identification as defined;
Attachment number 1 \nPage 17 of 20
Item # 12
(3) The length of the stay in Richmond County, including the dates of opening and
closing, at each fixed location not to exceed 15 days;
(4) The fingerprints of the person or persons who will be conducting such business in
Richmond County; and
(5) Where the business will be conducted, and during what hours; except that no itinerant
dealers in precious metals or gems shall operate at any location in Richmond County
between the hours of 6:00 p.m. and 8:00 a.m. Monday through Saturday or during any
hours on Sunday.
(d) No person who has been convicted of a felony under the laws of this state or any other state
of the United States shall be eligible to receive a regulatory permit to conduct business as an
itinerant merchant of precious metals or gems within Richmond County. This paragraph shall not
apply to any person who has been convicted of a felony after ten years have expired from the
date of completion of the felony sentence. Prior to the issuance of the regulatory permit, a
background investigation shall be required for each person who will be conducting business in
Richmond County. If the eligibility requirements are met, then the regulatory permit shall be
issued for each person meeting the requirements. The provisions of Section 6-6-24 shall apply to
the background investigation required herein.
(e) Each regulatory permit issued pursuant to this section shall be nontransferable and valid for
period of time listed by the applicant in response to paragraph (c) (3) above, not to exceed 15
days.
(f) Every itinerant dealer shall admit to the premises where business is being conducted any
Sheriff's officer, who in the performance of official lawful duties as prescribed by the Sheriff,
may desire at any time to search for articles missing or stolen, or to make any inspection of
records authorized by this chapter, without the formality of a search warrant.
Sec. 6-6-33. Records. All itinerant dealers, both salesmen and buyers, of precious metals or gems
shall keep records wherein shall be entered an accurate description of all property pledged,
traded or sold by them. Such description shall include to the extent possible the name or the
make of the article, any identifying mark or number, and a statement of the kind of material of
which it is made. In such records there shall be entered also the full name and address of the
person by whom same was deposited or sold, and the time when the same was done, and the
name, address, date of birth and drivers' license number of seller; and a photocopy of the proper
identification. In the event the seller does not have a drivers' license, other proper identification
as defined shall be required and photocopied. All purchased items shall be digitally
photographed. These entries shall be made as soon after the transaction as is possible but in no
event more than one hour after the time given for daily close of business in section 6-6-32(c)(5)
above. Such records may be kept electronically as long as a copy of the electronic records can be
provided to the Richmond County Sheriff or other law enforcement agency upon demand.
Sec. 6-6-34. Daily Accurate Report to Sheriff’s Office.
Attachment number 1 \nPage 18 of 20
Item # 12
Every traveling and itinerant dealer shall make a report to the Sheriff's Office, as required in
Section 6-6-10 (Daily Electronic Reporting). The report shall be in such form as may be
prescribed by the Sheriff, of all property pledged, traded, bought or sold during the period of
operation in Richmond County, and shall show the name and address of any person who bought,
sold, traded or otherwise disposed of or received any item; the date and time of the transaction;
the amount paid or advanced, or the item traded; the full description of articles, including kind,
style, material, color, design, kind and number of stones in jewelry; and all identifying names,
ranks, and numbers; and a description of persons trading, buying, selling or pawning, including
the name, address, race, weight, height, photocopy of proper ID and digital thumbprint of said
person. (See fingerprint requirement).
Sec. 6-6-35. Surrender of stolen property.
In the event it is determined that any item bought, sold or traded to, or received by the itinerant
dealer, salesman or buyer is the subject of any theft of crime, the dealer, salesman or itinerant
buyer shall, upon demand of the Sheriff, surrender the same to the Sheriff’s Office.
Sec. 6-6-36. Holding period.
(a) Except as provide in sub-section (c) below, every item covered by this chapter which is
purchased from one seller shall be separately packaged, or kept separately, and not intermingled
or confused with items purchased from another seller, for a period of 30 days following the
purchase of such item.
(b) Except as provide in sub-section (c) below, no person engaging in the purchase of items
regulated by this chapter, shall sell or otherwise dispose of, permit the sale or disposal of,
remove or permit to be removed from the license holder's place of business, intermingle with
other similar items, alter, change or deface any such items until after the expiration of 30 days
from the date of purchase.
(c) The holding period and other requirements of sub-sections (a) and (b) above shall not be
applicable to pawnshop transactions involving the sale of CDs, DVDs, Video Games, Cassette
Tapes and Audio Records unless the cash amount to be paid to one seller of such items exceeds
$100.00 during a 24 hour period.
Attachment number 1 \nPage 19 of 20
Item # 12
Exhibit “B”
Add new:
Sec. 6-6-37. Unlawful activities.
It is unlawful for any itinerant dealer of precious metals or gems to purchase any precious metals
or gems from any person under 17 years of age.
Attachment number 1 \nPage 20 of 20
Item # 12
ORDINANCE NO.7409-----
AN ORDINANCE TO AMEND THE AUGUSTA,GEORGIA CODE,TITLE 6
CHAPTER 6,SECTION 6-6-1 THROUGH SECTION 6-6-36,TO PROVIDE OPERATING
STANDARDS FOR BROKERS,PAWNBROKERS,DEALERS IN PRECIOUS METALS OR
GEMS,AND ITINERANT DEALERS IN PRECIOUS METALS OR GEMS;TO REPEAL
ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND
ORDINANCES IN CONFLICT HEREWITH;TO PROVIDE AN EFFECTIVE DATE AND
FOR OTHER PURPOSES.
WHEREAS,Augusta,Georgia finds that while pawnbrokers and dealers in precious metals and
gems provide a valuable service to citizens,they may also inadvertently provide opportunity for
criminals to sell stolen property which can be easily and quickly disposed of;and
WHEREAS,Augusta,Georgia also finds that in accordance with State law public safety
regulation is warranted in transactions involving pawn brokers and dealers in precious metals
and gems in order to locate stolen property,positively identify those responsible for disposing of
stolen property and returning the property to its rightful owner;and
WHEREAS,Augusta,Georgia further finds that the pawn industry in Augusta,Georgia currently
processes approximately 3,800 transactions per month and the number oftransactions has
outgrown Augusta,Georgia's ability manually to effectively or efficiently process transactions
and identify criminal activity;and
WHEREAS,the purpose ofthis ordinance is to provide an enhanced ability for the Sheriffs
Office to electronically monitor pawn transactions and transactions involving dealers in precious
metals and gems,to improve reporting procedures thus increasing the likelihood ofidentifying
criminal activity and returning stolen property to its rightful owner,to enhance regulations
governing itinerant dealers in precious metals and gems,and to develop regulations to enforce
the requirements ofState law concerning dealers in precious metals and gems;and
WHEREAS,Augusta,Georgia finds that by enacting this ordinance the Richmond County
Sheriffs Office will be better able to protect the property of citizens,identify and arrest those
responsible for crimes,and increase public safety;
NOW,BE IT ORDAINED BY THE AUGUSTA,GEORGIA COMMISSION
AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT ALL
BROKERS,PAWNBROKERS,DEALERS IN PRECIOUS METALS OR GEMS,AND
ITENERANT DEALERS IN PRECIOUS METALS OR GEMS OPEARATING WITHIN
THE JURISDICTION SHALL COMPLY WITH THE PROVISIONS OF THE
AUGUSTA,GA CODE,AS FOLLOWS:
SECTION 1.SECTION 6-6-1 THROUGH SECTION 6-6-15 OF AUGUSTA,GA.CODE
TITLE SIX,CHAPTER SIX AS SET FORTH IN THE AUGUSTA,GA.CODE,ARE
HEREBY AMENDED BY STRIKING THESE SECTIONS IN THEIR ENTIRETY.NEW
Attachment number 2 \nPage 1 of 22
Item # 12
SECTIONS 6-6-1 THROUGH 6-6-36 ARE HEREBY INSERTED TO REPLACE THE
REPEALED SECTIONS AS SET FORTH IN "EXHIBIT A"HERETO.
SECTION 2.This ordinance shall become effective upon its adoption in accordance with
applicable laws.
SECTION 3.All ordinances or parts ofordinances in conflict herewith are hereby repealed.
Adopted this 21stday of ~Ma~yL..-__'2013.
David S.Copenhaver
As its Mayor
IVIlIJ2Y ~st:~J 'tnm~
Lena J.Bonner,erk f ommlSSlOn
Seal:
1st Reading May 7,2013
Published in the Augusta Chronicle June 6,2013
Attachment number 2 \nPage 2 of 22
Item # 12
CERTIFICATION
~.M~Y ~Cl.?A4JS1CI
The undersigned Clerk of Commission,Lena J.B61mer,hereby certifies that the foregoing
Ordinance was duly adopted by the Augusta,Georgia Commission on May 21 ,2013
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).
Published in the Augusta Chronicle.
Date:June 6,2013
1st reading 5-7-13
Attachment number 2 \nPage 3 of 22
Item # 12
ORDINANCE NO.7409-----
AN ORDINANCE to AMEND THE AUGUSTA,GEORGIA CODE,TITLE 6
CHAPTER 6,SECTION 6-6-1 THROUGH SECTION 6-6-36,TO PROVIDE OPERATING
STANDARDS FOR BROKERS,PAWNBROKERS,DEALERS IN PRECIOUS METALS OR
GEMS,AND ITINERANT DEALERS IN PRECIOUS METALS OR GEMS;TO REPEAL
ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND
ORDINANCES IN CONFLICT HEREWITH;TO PROVIDE AN EFFECTIVE DATE AND
FOR OTHER PURPOSES.
WHEREAS,Augusta,Georgia finds that while pawnbrokers and dealers in precious metals and
gems provide a valuable service to citizens,they may also inadvertently provide opportunity for
criminals to sell stolen property which can be easily and quickly disposed of;and
WHEREAS,Augusta,Georgia also finds that in accordance with State law public safety
regulation is warranted in transactions involving pawn brokers and dealers in precious metals
and gems in order to locate stolen property,positively identify those responsible for disposing of
stolen property and returning the property to its rightful owner;and
WHEREAS,Augusta,Georgia further finds that the pawn industry in Augusta,Georgia currently
processes approximately 3,800 transactions per month and the number oftransactions has
outgrown Augusta,Georgia's ability manually to effectively or efficiently process transactions
and identify criminal activity;and
WHEREAS,the purpose ofthis ordinance is to provide an enhanced ability for the Sheriffs
Office to electronically monitor pawn transactions and transactions involving dealers in precious
metals and gems,to improve reporting procedures thus increasing the likelihood of identifying
criminal activity and returning stolen property to its rightful owner,to enhance regulations
governing itinerant dealers in precious metals and gems,and to develop regulations to enforce
the requirements of State law concerning dealers in precious metals and gems;and
WHEREAS,Augusta,Georgia finds that by enacting this ordinance the Richmond County
Sheriffs Office will be better able to protect the property of citizens,identify and arrest those
responsible for crimes,and increase public safety;
NOW,BE IT ORDAINED BY THE AUGUSTA,GEORGIA COMMISSION
AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT ALL
BROKERS,PAWNBROKERS,DEALERS IN PRECIOUS METALS OR GEMS,AND
ITENERANT DEALERS IN PRECIOUS METALS OR GEMS OPEARATING WITHIN
THE JURISDICTION SHALL COMPLY WITH THE PROVISIONS OF THE
AUGUSTA,GA CODE,AS FOLLOWS:
SECTION 1.SECTION 6-6-1 THROUGH SECTION 6-6-15 OF AUGUSTA,GA.CODE
TITLE SIX,CHAPTER SIX AS SET FORTH IN THE AUGUSTA,GA.CODE,ARE
HEREBY AMENDED BY STRIKING THESE SECTIONS IN THEIR ENTIRETY.NEW
Attachment number 2 \nPage 4 of 22
Item # 12
Chapter 6
SECONDHAND GOODS
ARTICLE 1.BROKERS,PAWNBROKERS,DEALERS IN PRECIOUS METALS OR
GEMS,AND ITENERANT DEALERS IN PRECIOUS METALS OR GEMS.
Sec.6-6-1.Definitions.
As used in this article,the following terms have the following meanings:
(a)"Broker"means any person engaged,in whole or in part,in the business of
buying or selling tangible personal property,goods or merchandise ofany
description from persons or sources other than manufacturers or business tax
certified dealers.
(b)"Dealer in precious metals or gems"means any person engaged at a
permanent location in Richmond County in the business ofpurchasing precious
metals or gems or goods made from precious metals or gems from persons or
sources other than manufacturers,manufacturers'representatives,or other dealers
in precious metals or gems;or any person engaged in any other business if,in
conjunction with such business,precious metals or gems or goods made from
precious metals or gems are purchased from persons or sources other than
manufacturers,manufacturers'representatives,or other dealers in precious metals
or gems where such purchase is for resale in its original form or as changed by
remounting,melting,re-forming,remolding,or recasting or for resale as scrap or
in bulk.
(c)"Electronic Reporting System"means a computer based system,as specified by
the Sheriff,which is designed to record and transmit data and information
electronically.
(d)"Fingerprint requirement"means each person selling any property shall submit
to having the fingerprint ofthe right hand thumb,unless such thumb is missing,in
which event the print ofthe next finger in existence on the right hand shall be
obtained with a notation as to the exact finger printed.The fingerprint shall be
imprinted onto the transaction form in the designated area along with the signature
ofthe person selling the property.The fingerprint must be clear and legible.In the
event that more than one transaction form is required,a fingerprint and signature
will be obtained for each form.Fingerprints and the information required herein
shall be obtained each time such person pledges,trades,pawns,exchanges,or sells
any property.The fingerprint shall be taken with a digital reader and uploaded to
an electronic reporting system required by the Sheriff.Fingerprint reader model is
specified by the Sheriff's Office.
Attachment number 2 \nPage 5 of 22
Item # 12
(e)"Gems"means any precious or semiprecious stone which is cut and polished.
(f)"Itinerant Dealer in Precious Metals or Gems"means a person who,due to the
temporary manner in which the business is operated,is considered a 'transient
vendor'and is required to have an occupation tax certificate to operate a business
in Augusta,Georgia as required in 6-5-3,and who enters Augusta,Georgia on a
temporary,itinerant basis for a period oftime not more than 15 days and advertises
by any form of media communication to the public that it will buy,sell or
otherwise trade in and receive precious metals or gems at a nonpermanent location
within Augusta,Georgia.
(g)"Nonpermanent location"means any location designated to be used to conduct
a business engaged in dealing in precious metals or gems by an itinerant merchant,
in any temporary place,including but not limited to hotels or motels,any movable
vehicle,or other temporary or movable structure to be used to conduct such
business for a limited or specific time.
(h)"Numismatic coins"means coins whose value as collectors'items exceeds the
value ofthe content ofthe precious metals in the coins.
(i)"Pawnbroker"means any person engaged in whole or in part in the business of
lending money on the security ofpledged goods,or in the business ofpurchasing
tangible personal property on the condition that it may be redeemed or repurchased
by the seller for a fixed price within a fixed period oftime,or in the business of
purchasing tangible personal property from persons or sources other than
manufacturers or licensed dealers as a part ofor in conjunction with the business
activities described in this section.
CD "Pawn orpledge"means a bailment ofpersonal property as security for any
debt or engagement,redeemable upon certain terms and with the power ofsale on
default.
(k)"Pawnshop"means any business wherein a substantial part thereof is to take or
receive,by way ofpledge,pawn,consignment or exchange,any goods,wares,
merchandise,or any kind ofpersonal property whatever,as security for the
repayment of money lent thereon.
(1)"Pawnshop transaction"means to take or receive any article ofproperty or,
from any customer,by pawning,pledging,trading,exchanging,purchasing,or
other means.
(m)"Person"means an individual,partnership,corporation,joint venture,trust,
association or any other legal entity however organized.
Attachment number 2 \nPage 6 of 22
Item # 12
(n)"Precious metals"means gold,silver,or platinum or any alloy containing gold,
silver,or platinum.
(0)"Proper identification"means anyone ofthe following:
(1)A Georgia driver's license which was properly issued by the appropriate
state agency;
(2)A valid Georgia voter identification card or other valid identification
card issued by a branch,department,agency,or entity of the State of
Georgia,any other state,or the United States authorized by law to issue
personal identification,provided that such identification card contains a
photograph ofthe customer;
(3)A valid United States passport;
(4)A valid employee identification card containing a photograph ofthe
customer and issued by any branch,department,agency,or entity ofthe
United States government,this state,or any county,municipality,board,
authority,or other entity of this state;
(5)A valid United States military identification card,provided that such
identification card contains a photograph ofthe customer;or
(6)A valid tribal identification card containing a photograph ofthe
customer.
(p)"Third party administrator"means any individual,business or corporation
designated by the Sheriffto administer the reporting requirements ofthis
ordinance.
Sec.6-6-2.Responsibility for Enforcement.
The Richmond County Sheriffs Office shall have the responsibility for the
enforcement ofthis article.The Sheriff,or his representative,shall have the
authority to inspect establishments licensed under this chapter during the hours in
which the premises are open for business.These inspections shall be made for the
purpose ofverifying compliance with the requirements ofthis chapter and state
law.This section is not intended to limit the authority ofany other Augusta,
Georgia officer or employee to conduct inspections authorized by other provisions
ofthe Augusta,GA Code.
Sec.6-6-3.Business tax certificate required.
Any person,firm or corporation who does business in Richmond County
as a Broker,Pawnbroker,Dealer in Precious Metals or Gems,or Itinerant Dealers
in Precious Metals or Gems shall,before engaging in such business,obtain a
business tax certificate in accordance with Title 2,Chapter I ofthe Augusta-
Richmond County Code.
Attachment number 2 \nPage 7 of 22
Item # 12
Sec.6-6-4.Requirements ofthis Article in addition to requirements ofTitle 2,
Chapter 1.
The provisions ofthis Chapter are intended to augment and be in addition to the
provisions of Title 2,Chapter 1 (Business Tax Certificate).Where this chapter
imposes a greater restriction upon persons,premises,businesses or practices than is
imposed by Title 2,Chapter 1,this chapter shall control.
Sec.6-6-5.Compliance with State Law.Nothing in this Chapter shall relieve
pawnbrokers or dealers in precious metals or gems from the necessity of
complying with state law.
Sec.6-6-6.Application:Broker,Pawnbroker,Dealer in Precious Metals or
Gems,Itinerant Dealers in Precious Metals or Gems.
The application for said business shall be signed and dated by the applicant and
contain answers to the following questions:
(a)What is the kind of business to be operated?
(b)What is the name ofthe business?
(c)What is the location where such business is proposed to be carried on and the
telephone number of said location?
(d)What is the name ofthe applicant for the business tax certificate,and the home
address and telephone number ofsaid applicant?
(e)Where has applicant resided for the six (6)months preceding the date ofthis
application?
(f)What was the applicant's previous home address,and how long was applicant a
resident there?
(g)What is the Social Security number ofsaid applicant?
(h)What are the names and addresses ofall persons having an interest in said
business?
(i)What interests do such persons have?
U)Who is the landlord or owner ofsaid location,and what is the address and
telephone number of said landlord or owner?
(k)Has the applicant or any person connected with or having an interest in said
business:
(l)Been charged or convicted ofany violation oflaw (other than minor
traffic violations)in any locality?
(2)Served time in prison,or other correctional institution?
(1)Ifthe answer to section (1)ofthe above question is 'yes',state circumstances in
detail.Information must be complete as to dates,charges,court ofjurisdiction,and
disposition for each person.Ifthe answer to section (2)ofthe above question is
'yes',state circumstances in detail.Information must be complete as to charge on
which convicted,name ofprison or correctional institution,length oftime served,
date ofrelease from prison or correctional institution,or whether on probate or
parole,and the terms thereof.
Attachment number 2 \nPage 8 of 22
Item # 12
(m)Give the name,home address and telephone number and place of employment
oftwo (2)persons who are residents ofthis county,who are familiar with your
character and reputation.
All ofthe foregoing infonnation is hereby given and all ofthe foregoing statements
are hereby made on oath,willfully,knowingly,and absolutely,and the same is and
are hereby sworn to be true under penalty for false swearing,as provided by law.
Applicant's Signature
Sworn to and subscribed before me,this day of20_.
Notary Public
Sec.6-6-7.Regulatory fee.
Any person,finn or corporation who does business in Augusta-Richmond
County as a Broker,Pawnbroker,Dealer in Precious Metals or Gems,Itinerant
Dealers in Precious Metals or Gems shall,before engaging in such business,pay
such regulatory fee as is provided in section 2-1-3(c)ofthe Augusta-Richmond
County Code.
Sec.6-6-8.Right of suspension by Planning and Development Department:
Revocation.
The Planning and Development Department shall have the right to immediately
suspend,for cause,any business tax certificate issued under this article whenever a
person,finn or corporation doing business shall deviate from the nonnal operation
for which the business tax certificate was obtained or fails in perfonnance to meet
the required regulations and code as set forth by the Planning and Development
Department,Sheriffs office or Health department;or violates any law or
ordinance ofthe United States,or the state or Augusta,Georgia,in pursuance of
such business conducted under such business tax certificate;or when it shall be
proven before the Planning and Development Department that there is a violation
ofa nuisance law;or when the health,morals,interests and convenience ofthe
public demand the suspension ofsuch business tax certificate.The Planning and
Development Department shall report the suspension of such business tax
certificate to the next regular or called meeting of the Commission,and shall
provide the licensee with at least three (3)days'notice of said meeting,at which
meeting the licensee may make such showing as he/she may deem proper.After a
hearing,Commission shall either continue the suspension, place the license on
probation,pennanently revoke the license,or restore the license such that it
remains in full force.A license granted hereunder shall also be subject to
revocation for cause,either with or without a prior suspension ofthe license.
Whenever,in the opinion ofthe Planning and Development Department,there is
cause to revoke the license,a written notice ofintention to revoke it shall be
furnished the holder thereofthree (3)days before a regular or called meeting ofthe
Commission at which time the holder ofthe license may make such showing as
he/she may deem proper.After a hearing,the Commission may revoke the license
Attachment number 2 \nPage 9 of 22
Item # 12
if,in its discretion,it is in the best interest,peace and good order ofAugusta,
Georgia,or there has been any violation ofthe ordinances and code ofAugusta,
Georgia,or the laws ofthe State of Georgia or the United States in the conduct of
the place ofbusiness.
Sec.6-6-9.Conduct of business.
The following rules and regulations are hereby established,and shall govern the
conduct and operation ofevery such place of business,and every person owning
and operating such place ofbusiness.
Sec.6-6-10.Daily Electronic Reporting.
(a)All businesses regulated by this article shall make correct and truthful entries of
information as required by the applicable Section as soon after the transaction as
possible and in no event more than one hour after the applicable time set for
closing ofthe business.The daily electronic reporting shall be by an electronic
reporting system required by the Sheriff.Every pawnshop shall enter each
transaction as it occurs into the electronic reporting system via the internet to the
administrator ofthe electronic reporting system.The administrator ofthe electronic
reporting system will electronically transmit all transactions to the police
department.
(b)In the event that the electronic reporting system becomes temporarily or
permanently disabled,businesses will be notified as soon as possible by the
Sheriff's Office.In this event,the businesses will be required to make records of
transactions in paper form as prescribed by the Sheriff's Office.Such paper forms
must include all information required under the applicable Section related to the
business.Businesses shall be responsible for maintaining an adequate inventory of
these forms.
(c)The Sheriff shall select and provide the required electronic reporting system
software,and designate the required fingerprint reader model to be purchased by
the business.
Sec.6-6-11.Recordkeeping Requirements.Brokers and Pawnbrokers.
All Brokers and Pawnbrokers shall maintain records documenting all pawnshop
transactions as follows:
(a)At the time ofthe actual transaction pawnbrokers shall complete the transaction
form designated by the Sheriff.A pawnbroker shall maintain a copy ofthe
completed transaction form on the licensed premises for at least 1 year after the
date ofthe transaction.However,the pawnbroker shall maintain a copy ofthe
transaction form either on premise or offpremise at a location within Richmond
County approved by the Sheriff for not less than 4 years.Such records may be kept
electronically as long as a copy ofthe electronic records can be provided to the
Sheriff or other law enforcement agency upon demand.
(b)The record required above shall contain:
Attachment number 2 \nPage 10 of 22
Item # 12
(1)The time,date,and place ofthe transaction.
(2)A complete and accurate description ofthe goods acquired,including the
following information,if applicable:
a.Brand name.
b.Model number.
c.Manufacturer's serial number.
d.Size.
e.Color,as apparent to the untrained eye.
f.Precious metal type,weight,and content ifknown,as well as a
digital photograph.
g.Gemstone description,including the number of stones,if
applicable,as well as a digital photograph.
h.In the case offirearms,the type of action,caliber or gauge,number
ofbarrels,barrel length,and finish.
i.Any other unique identifying marks,numbers,or letters.
j.The price paid for the goods purchased.
k.A digital photograph ofthe items purchased.
(3)The Broker and Pawnbroker shall require verification of identification of
the person from whom the goods are acquired by accepting only proper
identification as defined herein,as well as a description ofthe person
including:
a.Full name,current residential address,workplace,and home and
work phone numbers.
b.Height,weight,date ofbirth,race,gender,hair color,eye color,and
any other identifying marks.
c.A Photo copy ofthe seller's proper identification.
d.A digital reader fingerprint ofthe seller's right hand thumb (see
fingerprint definition).The digital fingerprint file shall be uploaded to
an electronic reporting system required by the Sheriff~
(4)The record shall contain the type ofidentification exhibited,the issuing
agency,and the number thereon.
(5)The seller shall sign a statement verifying that the seller is the rightful
owner ofthe goods or is entitled to sell,consign,or trade the goods.
(6)Any other information required by the format designated by the Sheriff.
Sec.6-6-12.Daily accurate report;false statements.
(a)Every Broker and Pawnbroker,his employees or agents,shall make correct and
truthful entries ofthe above-required information in the daily electronic reporting
required in Section 6-6-10.
(b)It shall be unlawful for person engaged in the business ofpawnbroker to make
any false entry in any report.Any person making any willfully false or misleading
statements in the report shall be punished as provided in section 6-6-22.
Attachment number 2 \nPage 11 of 22
Item # 12
Sec.6-6-13.Minors.It is unlawful for any broker,pawnbroker,or agent or
employee thereof to receive any article in pawn or purchase any article for resale
from any person under 17 years ofage.
Sec.6-6-14.Pawnbrokers;bond required.
In addition to the business tax certificate required by section 6-6-3 herein,it shall
be unlawful for any person to engage in the business ofpawn broking within
Richmond County without giving bond,with two (2)good and approved securities,
in the sum of five thousand dollars ($5,000.00),conditioned to make good all
damages sustained by the carelessness,neglect or unfair dealing of such licensee.
Sec.6-6-15.Premises open to Sheriff.
Every Broker and Pawnbroker shall admit to his premises any Sheriffs deputy,
who in the performance ofofficial lawful duties as prescribed by the Sheriffmay
desire at any time to search for articles missing or stolen,or to make any inspection
authorized by this article,without the formality ofa search warrant.
Sec.6-6-16.Inspection ofpledges and purchases and records.
All articles pledged or sold to pawnbrokers shall,at all times,be subject to
inspection and examination by the Sheriff.All records required to be kept by this
chapter or by policies ofthe Sheriff's Office shall be subject to inspection and
examination by the Sheriff.
Sec.6-6-17.Goods held for 30 days;law enforcement holds.
a)Any pawnbroker or person operating under a pawnbroker's license who takes
goods on pawn or buys goods,taking full title thereto,the word "goods"being used
in the broadest sense and including all kinds ofpersonal property,shall hold the
goods so taken in pawn or purchase for at least 30 days before disposing ofthe
goods by sale,transfer,shipment or otherwise.
b)The Richmond County Sheriffs Office has the authority to place property that
is the subject oflaw enforcement investigation on "law enforcement hold."In that
event,the Richmond County Sheriffs Office shall notify the pawnbroker ofthe
need for a police hold and identify all property subject to the police hold.Upon
notification,it shall be the responsibility ofthe pawnbroker to maintain the subject
property until such time as the property is released from law enforcement hold
status or the property is confiscated as evidence.
Sec.6-6-18.Pawnbrokers;amount ofloan.
Upon all articles pawned the pawnbroker may advance such sum and for such time
as may be agreed on with the pawner.
Sec.6-6-19.Sale ofunredeemed articles;pawner's right ofredemption.
Attachment number 2 \nPage 12 of 22
Item # 12
Upon the failure of the pawner to redeem the articles pledged at the time agreed
on,the pawnbroker may,after the expiration of30 days,sell such articles;
provided,that six (6)daily notices ofsale are given through two (2)newspapers;
provided,further,that the pawner shall have the privilege ofredeeming such
articles up to the time ofthe sale.
Sec.6-6-20.Pawn tickets.
It shall be unlawful for any pawnbroker to fail to deliver to the pawner,at the time
ofthe pawning,a certificate or ticket,numbered to correspond with the number
and description in the record he is required by this chapter to keep.
Sec.6-6-21.Sign.
It shall be unlawful for any pawnbroker to fail to affix the usual pawnbroker's sign,
a three-ball pendant,to his place ofbusiness,within five days after receiving his
pawnbroker's business tax certificate.
Sec.6-6-22.Money lenders,except banks and like institutions,as pawnbrokers.
Any person,except banks and other institutions of like character regulated and
licensed solely by the state,lending money on or purchasing personal property
from individuals,shall be classed as pawnbrokers and shall pay the fee required of
pawnbrokers,and shall make daily reports to the Sherifrs Office ofsuch loans
or purchases,and shall in all other respects be subject to and governed by the
provisions ofthis article regulating the business ofa pawnbroker.
Sec.6-6-23.Penalties.
(a)Any person running a business as a Broker or Pawnbroker,or any employee or
agent thereof,shall be punished as provided by Section 1-6-1,and,in addition,by
the revocation of the regulatory permit ofthe pawnbroker violating the provisions
ofany law or ordinance pertaining to pawnbrokers.
(b)Any person running a business dealing in precious metals or gems,or any
employee or agent thereof,violating any ofthe provisions ofthis chapter shall be
punished as provided by Section 1-6-1,and,in addition,by the revocation ofthe
regulatory permit ofthe dealer in precious metals or gems violating the provisions
ofany law or ordinance pertaining to dealers in precious metals or gems.
(c)Any person running a business as an itinerant merchant dealing in precious
metals or gems,or any employee or agent thereof,violating any ofthe provisions
ofthis chapter shall be punished as provided by Section 1-6-1,and,in addition,by
the revocation ofthe regulatory permit ofthe itinerant merchant dealing in
precious metals or gems violating the provisions of any law or ordinance
pertaining to dealers in precious metals or gems.
Sec.6-6-24.Notice ofintent to conduct business.
Attachment number 2 \nPage 13 of 22
Item # 12
(a)Business Tax Certificate Required.Any person,firm or corporation who does
business in Richmond County as Dealers in Precious Metals or Gems shall,before
engaging in such business,obtain a business tax certificate in accordance with §6-
6-3 and §6-6-4 ofthe Augusta,GA Code.
Sec.6-6-25.Dealers in Precious Metals or Gems;Registration and Regulatory
Permit Required.
(a)No person shall engage in business as a dealer in precious metals or gems until
he has registered as a dealer in precious metals or gems for each separate place of
business with the Richmond County Sheriffs Office and has applied for a
regulatory permit to operate said business in Richmond County.The registration
and permit application shall be in writing and shall be sworn to or affirmed by the
dealer in precious metals or gems on a form as prescribed by the Sheriffs Office.
(b)The registration and permit application shall contain the full name,business
address,home address and date of birth ofthe dealer together with the full names,
home addresses,and dates of birth ofall other persons having an ownership
interest or actually employed in the business other than publicly held corporations.
In the case ofa corporation,this list shall include full names,dates ofbirth and
titles of corporate officers and owners often or more percent ofthe common or
preferred stock.
(c)No person shall be eligible for a regulatory permit or to register as a dealer in
precious metals or gems if any owner,manager,employee or stockholder,other
than stockholders owning less than 10 percent ofthe outstanding shares ofa
publicly held corporation,has been convicted of a felony under the laws ofthis
state or any other state or the United States.This subsection shall not apply to any
person who has been convicted ofa felony after ten years have expired from the
date of completion ofthe felony sentence.Prior to the issuance ofan occupation
tax certificate and the regulatory permit,a background investigation shall be
required for the stockholders,owner(s),manager(s),and employee(s).Ifthe
eligibility requirements are met,then the occupation tax certificate and the
regulatory permit shall be issued,and the registration allowed.
(d)Such occupation tax certificate and regulatory permit shall be for the calendar
year and must be renewed prior to the expiration date.All independent contractors
must have the certificates and permits required by this chapter.In addition,each
applicant shall pay an initial registration fee to the Richmond County Sheriffs
Office of$25.00 to cover the cost ofregistering such persons.The registration
shall be renewed annually upon presentation ofa current tax certificate and
regulatory permit by the dealer.
(e)It shall be the responsibility ofthe Planning and Development Department to
issue and receive payment for the occupation tax certificate.
(f)It shall be the responsibility ofthe Sheriff or designee to issue and receive
payment for the regulatory permit.The cost ofthe regulatory permit shall be
$25.00 for each individual listed on the application and shall be used to cover the
Attachment number 2 \nPage 14 of 22
Item # 12
cost ofthe criminal history(s)and background investigation ofthe applicant(s)
investigation in addition to any fees charged by the State.The Director ofPlanning
and Development or his designated representative shall submit the application after
filing to the Sheriffs Office.Each applicant authorizes the Sheriffs Office and its
agents to secure from any court,law enforcement agency,or other public agency
his criminal history and the criminal history of all individuals required to be listed
on the application,including but not limited to sole proprietor,partners,members,
corporate officers,stockholders,and managers,and authorizes Augusta,Georgia to
use such information in determining whether the license applied for shall be issued.
Each applicant waives any right that he would otherwise have to preclude Augusta,
Georgia or its agents from obtaining and using such information and each applicant
further waives any liability ofAugusta,Georgia or its agents for obtaining and
using such information,and agrees to indemnify and hold Augusta,Georgia
harmless against the claims ofany person listed by the applicant on the application
and by doing so has authorized Augusta,Georgia to investigate.The Sheriffs
Office shall make an arrest and conviction investigation concerning any applicants
hereunder and all individuals required to be listed on the application,including but
not limited to sole proprietor,partners,LLC members,corporate officers,corporate
stockholders,and managers.The Sheriffs Office shall submit the results ofthe
investigation to the Director ofPlanning and Development or his designated
representative within 30 days ofsubmission.
(g)All applications shall contain the address ofthe premises upon which the
business is conducted and the zoning classification ofthe premises.
(h)Each dealer shall be required to notify the Richmond County Sheriffs Office in
writing within seven calendar days ofany change ofaddress ofthe dealer or
business or any change of ownership in the business.A copy ofthe change of
address or ownership in the business shall be transmitted to the sheriffofthe
county within seven days ofthe notification.
Sec.6-6-26.Recordkeeping Requirements.
(a)Every dealer in precious metals or gems shall maintain a record,in permanent
form,in which shall be entered at the time of each purchase ofprecious metals or
gems or goods made from precious metals or gems the following:
(1)The date and time ofthe purchase;
(2)The name ofthe person making the purchase from the seller;
(3)The name,age,and address ofthe seller ofthe items purchased and the
distinctive number from such seller's driver's license or other proper
identification as defined herein,containing a photo ofthe seller;
(4)A photocopy ofthe seller's proper identification.
(5)A digital reader fingerprint of the seller's right hand thumb (see
fingerprint definition).The digital fingerprint file shall be uploaded to an
electronic reporting system required by the Sheriff~
Attachment number 2 \nPage 15 of 22
Item # 12
(6)A clear and accurate identification and description ofthe purchased
goods,including the serial,model,or other number,and all identifying
marks inscribed thereon as well as a digital photograph.If a criminal
investigation occurs,the dealer in precious metals and gems shall,upon
request,provide a clear and legible copy ofthe image to the appropriate law
enforcement agency.
(7)The price paid for the goods purchased;
(8)The number ofthe check issued for the purchase price,ifpayment is
made by check;and
(9)The signature ofthe seller.
(b)The permanent record required by this Code section shall be in legible English.
Entries shall appear in chronological order.No blank lines may be left between
entries.No obliterations,alterations,or erasures may be made.Corrections shall be
made by striking through the entry without destroying its legibility.The record
shall be maintained for each purchase ofprecious metals or gems or goods made
from precious metals or gems for at least one year on-site or for at least two years
off-site at a location within Richmond County approved by the Sheriff.Such
records may be kept electronically as long as a copy ofthe electronic records can
be provided to the Richmond County Sheriffs Office or other law enforcement
agency upon demand.The record shall be open to the inspection ofany duly
authorized law enforcement officer during the ordinary hours of business or at any
reasonable time.
(c)Dealers exclusively engaged in buying or exchanging for merchandise scrap
dental gold and silver from licensed dentists by registered or certified mail or
statutory overnight delivery may record the post office record ofthe mailed parcel
in lieu of the seller's age and proper identification as required in paragraph (3)of
subsection (a)ofthis Code section and in lieu ofthe seller's signature as required
in paragraph (7)ofsubsection (a)ofthis Code section.
Sec.6-6-27.Daily electronic reporting required.
(a)Every dealer in precious metals or gems shall comply with the requirements for
daily electronic reporting as set forth in Section 6-6-10.The daily electronic
reports shall contain the information required in Section 6-6-26(a)(1)-(9)in a form
approved or prescribed by the Sheriff ofall precious metals or gems or goods made
from precious metals or gems purchased on the day ofthe report.
(b)All reports shall be maintained in a secure location under the direct supervision
ofthe appropriate Sheriffs officer.All reports shall be available for inspection
only for law enforcement purposes as provided in O.C.G.A.Section 43-37-4(b).(c)
Any Sheriffs officer may,in his discretion,authorize any person who
demonstrates theft ofprecious metals or gems by the presenting ofan incident
report or other similar document to inspect the reports at the Sheriffs Office in an
effort to locate stolen property.
Attachment number 2 \nPage 16 of 22
Item # 12
Sec.6-6-28.Unlawful activities.
(a)It shall be unlawful for any dealer in precious metals or gems or any agent or
employee of a dealer in precious metals or gems who makes purchases ofprecious
metals or gems or ofgoods made from precious metals or gems to:
(1)Make any false statement in the permit application and registration
provided for in Section 6-6-25;
(2)fail to maintain and make entries in the permanent record as required by
Section 6-6-26;
(3)make any false entry in such permanent record;
(4)Falsify,obliterate,destroy,or remove from the place ofbusiness such
permanent record;
(5)Refuse to allow any duly authorized law enforcement officer to inspect
such permanent record,or any precious metals or gems or goods made from
precious metals or gems in his possession,during the ordinary hours of
business or at any reasonable time;
(6)Sell,exchange,or remove from the legal possession ofthe buyer,or to
alter the form of,any precious metals or gems or goods made from precious
metals or gems purchased by remounting,melting,cutting up,or otherwise
altering the original form until at least 10 calendar days have elapsed from
the time ofpurchase or acquisition;
(7)Fail to make the report as required in this Article;or
(8)Purchase any precious metals or gems from any person under 17 years of
age.
(b)It shall be unlawful for any person to advertise or transact business as a dealer
in precious metals or gems without first registering and obtaining the regulatory
permit pursuant to the requirements of this Article.
(c)It shall be unlawful for any dealer in precious metals or gems to purchase
precious metals in a melted or smelted state unless the purchase is from a
registered dealer in precious metals or gems.
(d)Ifany Sheriff's officer has probable cause to believe that precious metals or
gems have been stolen,he may give notice in writing to the dealer to retain the
precious metals or gems for an additional 15 days;and it shall be unlawful for the
dealer to dispose ofthe property unless the notice is revoked in writing within the
15 day period.
Sec.6-6-29.Applicability ofArticle.
(a)This Article shall not apply to any precious metals or gems containing precious
metals or gems obtained from industrial producers,manufacturers,licensed
dealers,or distributors.
(b)This Article shall not apply to dealers exclusively engaged in the sale or
exchange ofnumismatic coins or to transactions exclusively involving numismatic
coins or other coinage.
Attachment number 2 \nPage 17 of 22
Item # 12
Sec.6-6-30.Itinerant Dealers in Precious Metals or Gems.Applicability.
This section shall be applicable to all itinerant dealers ofprecious metals or gems,
whether their sales,trades and purchases are at retail or wholesale or by any form
ofpawn.Specifically excluded are wholesalers,buyers and sellers who sell,trade
and deal only with mercantile establishments or purchase precious metals or gems
from manufacturers,manufacturer's representatives,or other dealers in precious
metals or gems.
Sec.6-6-31.Notice ofintent to conduct business.
(a)Business Tax Certificate Required.Any person,firm or corporation who does
business in Richmond County as an Itinerant Dealers in Precious Metals or Gems
shall,before engaging in such business,obtain a business tax certificate in
accordance with §6-6-3 and §6-6-4 ofthe Augusta,GA Code.
(b)Permit required.It shall be unlawful for any person to engage in activities as an
itinerant dealer in precious metals or gems in Richmond County without having
obtained a valid permit for each separate location and for each person engaging in
said activities.Prior to advertising any buying,selling,trading or otherwise dealing
in precious metals or gems,an itinerant dealer shall,at least 3 business days prior
to the initial advertising,file with the Sheriffs Office an application for a
regulatory permit to conduct the business ofitinerant dealer in precious metals or
gems in Richmond County.
(c)Such application shall include the following:
(1)Full name ofthe person,group or association,and its address;
(2)The name ofthe person who will be conducting business in Richmond
County and his home address,including proper identification as defined;
(3)The length ofthe stay in Richmond County,including the dates of
opening and closing,at each fixed location not to exceed 15 days;
(4)The fingerprints ofthe person or persons who will be conducting such
business in Richmond County;and
(5)Where the business will be conducted,and during what hours;except
that no itinerant dealers in precious metals or gems shall operate at any
location in Richmond County between the hours of6:00 p.m.and 8:00 a.m.
Monday through Saturday or during any hours on Sunday.
(d)No person who has been convicted ofa felony under the laws ofthis state or
any other state ofthe United States shall be eligible to receive a regulatory permit
to conduct business as an itinerant merchant ofprecious metals or gems within
Richmond County.This paragraph shall not apply to any person who has been
convicted ofa felony after ten years have expired from the date ofcompletion of
the felony sentence.Prior to the issuance ofthe regulatory permit,a background
investigation shall be required for each person who will be conducting business in
Richmond County.Ifthe eligibility requirements are met,then the regulatory
permit shall be issued for each person meeting the requirements.The provisions of
Section 6-6-25(£)shall apply to the background investigation required herein.
Attachment number 2 \nPage 18 of 22
Item # 12
(e)Each regulatory permit issued pursuant to this section shall be nontransferable
and valid for period oftime listed by the applicant in response to paragraph (c)(3)
above,not to exceed 15 days.
(f)Every itinerant dealer shall admit to the premises where business is being
conducted any Sheriff's officer,who in the performance ofofficial lawful duties as
prescribed by the Sheriff,may desire at any time to search for articles missing or
stolen,or to make any inspection of records authorized by this chapter,without the
formality ofa search warrant.
Sec.6-6-32.Records.All itinerant dealers,both salesmen and buyers,ofprecious
metals or gems shall keep records wherein shall be entered an accurate description
ofall property pledged,traded or sold by them.Such description shall include to
the extent possible the name or the make ofthe article,any identifying mark or
number,and a statement ofthe kind ofmaterial ofwhich it is made.In such
records there shall be entered also the full name and address ofthe person by
whom same was deposited or sold,and the time when the same was done,and the
name,address,date ofbirth and drivers'license number ofseller;and a photocopy
of the proper identification.In the event the seller does not have a drivers'license,
other proper identification as defined shall be required and photocopied.All
purchased items shall be digitally photographed.These entries shall be made as
soon after the transaction as is possible but in no event more than one hour after
the time given for daily close ofbusiness in Section 6-6-31 (c)(5)above.Such
records may be kept electronically as long as a copy ofthe electronic records can
be provided to the Richmond County Sheriffor other law enforcement agency
upon demand.
Sec.6-6-33.Daily Accurate Report to police.
Every traveling and itinerant dealer shall make a report to the Sheriff's Office,as
required in Section 6-6-10 (Daily Electronic Reporting).The report shall be in such
form as may be prescribed by the Sheriff,ofall property pledged,traded,bought or
sold during the period ofoperation in Richmond County,and shall show the name
and address of any person who bought,sold,traded or otherwise disposed of or
received any item;the date and time ofthe transaction;the amount paid or
advanced,or the item traded;the full description ofarticles,including kind,style,
material,color,design,kind and number ofstones in jewelry;and all identifying
names,ranks,and numbers;and a description ofpersons trading,buying,selling or
pawning,including the name,address,race,weight,height,photocopy ofproper
ID and digital thumbprint of said person.(See fingerprint requirement).
Sec.6-6-34.Surrender of stolen property.
In the event it is determined that any item bought,sold or traded to,or received by
the itinerant dealer,salesman or buyer is the subject ofany theft ofcrime,the
Attachment number 2 \nPage 19 of 22
Item # 12
dealer,salesman or itinerant buyer shall,upon demand ofthe Sheriff,surrender
the same to the Sheriffs Office.
Sec.6-6-35.Holding period.
Every item covered by this section which is purchased from one seller shall be
separately packaged,or kept separately,and not intermingled or confused with
items purchased from another seller,for a period ofthirty days following the
purchase of such item.No person engaging in the purchase ofprecious metals or
items as defined this chapter shall sell or otherwise dispose,permit the sale or
disposal,remove or permit to be removed from the license holder's place of
business,intermingle with other jewelry or stones,alter,change,deface or permit
the same ofany such precious metals or stones purchased,until after the expiration
ofthirty days from the date ofpurchase.
Sec.6-6-36.Unlawful activities.
It is unlawful for any itinerant dealer ofprecious metals or gems to purchase any
precious metals or gems from any person under 17 years ofage.
Attachment number 2 \nPage 20 of 22
Item # 12
CERTIFICATION
~.NqA.-e)l ~CWkJSICI
The undersigned Clerk of Commission,Lena J.Benner,hereby certifies that the foregoing
Ordinance was duly adopted by the Augusta,Georgia Commission on May 21 ,2013
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).
~~mp~L ~~I lerk ofCommissionIJ.4~Y 1'101JA1JS,(.
Published in the Augusta Chronicle.
Date:June 6,2013
1st reading 5-7-13
Attachment number 2 \nPage 21 of 22
Item # 12
SECTIONS 6-6-1 THROUGH 6-6-36 ARE HEREBY INSERTED TO REPLACE THE
REPEALED SECTIONS AS SET FORTH IN "EXHIBIT A"HERETO.
SECTION 2.This ordinance shall become effective upon its adoption in accordance with
applicable laws.
David S.Copenhaver
As its Mayor
Adopted this 21stday of -=Ma=v'--__,2013.
SECTION 3.
1st Reading May 7,2013
Published in the Augusta Chronicle June 6,2013
Attachment number 2 \nPage 22 of 22
Item # 12
Chapter 6
SECONDHAND GOODS
ARTICLE 1. BROKERS, PAWNBROKERS, DEALERS IN PRECIOUS METALS OR
GEMS, AND ITINERANT DEALERS IN PRECIOUS METALS OR GEMS.
Sec. 6-6-1. Definitions.
As used in this article, the following terms have the following meanings:
(a) "Book" means a literary or scientific work comprised of a number of sheets of paper,
parchment or other material with writing or printing on them, fastened together along at least one
edge, usually between protective covers. For purposes of this chapter "book" shall include all
magazines, journals, trade publications and posters containing words, pictures, diagrams, etc.
Electronic reading devices, such as tablets, laptops, netbooks and e-book readers are not
considered books for purposes of this chapter.
(b) "Book Dealer" means a Broker engaged in the business of buying or selling books as defined
in this chapter and having book sales comprise at least 60% of the gross receipts of the Broker’s
business.
(c) "Broker" means any person engaged, in whole or in part, in the business of buying or selling
tangible personal property, goods or merchandise of any description from persons or sources
other than manufacturers or business tax certified dealers.
(d) "Dealer in precious metals or gems" means any person engaged at a permanent location in
Richmond County in the business of purchasing precious metals or gems or goods made from
precious metals or gems from persons or sources other than manufacturers, manufacturers'
representatives, or other dealers in precious metals or gems; or any person engaged in any other
business if, in conjunction with such business, precious metals or gems or goods made from
precious metals or gems are purchased from persons or sources other than manufacturers,
manufacturers' representatives, or other dealers in precious metals or gems where such purchase
is for resale in its original form or as changed by remounting, melting, re-forming, remolding, or
recasting or for resale as scrap or in bulk.
(e) "Electronic Reporting System" means a computer based system, as specified by the Sheriff,
which is designed to record and transmit data and information electronically.
(f) "Fingerprint requirement" means each person selling any property subject to regulation by
this chapter, shall submit to having the fingerprint of the right hand thumb, unless such thumb is
missing, in which event the print of the next finger in existence on the right hand shall be
obtained with a notation as to the exact finger printed. The fingerprint shall be imprinted onto the
transaction form in the designated area along with the signature of the person selling the
property. The fingerprint must be clear and legible. In the event that more than one transaction
form is required, a fingerprint and signature will be obtained for each form. Fingerprints and the
Attachment number 3 \nPage 1 of 17
Item # 12
information required herein shall be obtained each time such person pledges, trades, pawns,
exchanges, or sells any property regulated by this chapter. The fingerprint shall be taken with a
digital reader and uploaded to an electronic reporting system required by the Sheriff. Fingerprint
reader model is specified by the Sheriff's Office.
(g) "Gems" means any precious or semiprecious stone which is cut and polished.
(h) "Itinerant Dealer in Precious Metals or Gems" means a person who, due to the temporary
manner in which the business is operated, is considered a 'transient vendor' and is required to
have an occupation tax certificate to operate a business in Augusta, Georgia as required in 6-5-3,
and who enters Augusta, Georgia on a temporary, itinerant basis for a period of time not more
than 15 days and advertises by any form of media communication to the public that it will buy,
sell or otherwise trade in and receive precious metals or gems at a nonpermanent location within
Augusta, Georgia.
(i) "Nonpermanent location" means any location designated to be used to conduct a business
engaged in dealing in precious metals or gems by an itinerant merchant, in any temporary place,
including but not limited to hotels or motels, any movable vehicle, or other temporary or
movable structure to be used to conduct such business for a limited or specific time.
(j) "Numismatic coins" means coins whose value as collectors' items exceeds the value of the
content of the precious metals in the coins.
(k) "Pawnbroker" means any person engaged in whole or in part in the business of lending
money on the security of pledged goods, or in the business of purchasing tangible personal
property on the condition that it may be redeemed or repurchased by the seller for a fixed price
within a fixed period of time, or in the business of purchasing tangible personal property from
persons or sources other than manufacturers or licensed dealers as a part of or in conjunction
with the business activities described in this section.
(l) "Pawn or pledge" means a bailment of personal property as security for any debt or
engagement, redeemable upon certain terms and with the power of sale on default.
(m) "Pawnshop" means any business wherein a substantial part thereof is to take or receive, by
way of pledge, pawn, consignment or exchange, any goods, wares, merchandise, or any kind of
personal property whatever, as security for the repayment of money lent thereon.
(n) "Pawnshop transaction" means to take or receive any article of property or, regulated by this
chapter from any customer, by pawning, pledging, trading, exchanging, purchasing, or other
means. Transactions involving the buying and selling of books, as defined by this chapter, are
not pawnshop transactions.
(o) "Person" means an individual, partnership, corporation, joint venture, trust, association or
any other legal entity however organized.
Attachment number 3 \nPage 2 of 17
Item # 12
(p) "Precious metals" means gold, silver, or platinum or any alloy containing gold, silver, or
platinum.
(q) "Proper identification" means anyone of the following:
(1) A Georgia driver's license which was properly issued by the appropriate state agency;
(2) A valid Georgia voter identification card or other valid identification card issued by a
branch, department, agency, or entity of the State of Georgia, any other state, or the
United States authorized by law to issue personal identification, provided that such
identification card contains a photograph of the customer;
(3) A valid United States passport;
(4) A valid employee identification card containing a photograph of the customer and
issued by any branch, department, agency, or entity of the United States government, this
state, or any county, municipality, board, authority, or other entity of this state;
(5) A valid United States military identification card, provided that such identification
card contains a photograph of the customer; or
(6) A valid tribal identification card containing a photograph of the customer.
(r) "Third party administrator" means any individual, business or corporation designated by the
Sheriff to administer the reporting requirements of this ordinance.
Sec. 6-6-2. Responsibility for Enforcement.
The Richmond County Sheriff’s Office shall have the responsibility for the enforcement of this
article. The Sheriff, or his representative, shall have the authority to inspect establishments
licensed under this chapter during the hours in which the premises are open for business. These
inspections shall be made for the purpose of verifying compliance with the requirements of this
chapter and state law. This section is not intended to limit the authority of any other Augusta,
Georgia officer or employee to conduct inspections authorized by other provisions of the
Augusta, GA Code.
Sec. 6-6-3. Business tax certificate required.
Any person, firm or corporation who does business in Richmond County as a Broker,
Pawnbroker, Book dealer, Dealer in Precious Metals or Gems, or Itinerant Dealers in Precious
Metals or Gems shall, before engaging in such business, obtain a business tax certificate in
accordance with Title 2, Chapter I of the Augusta Richmond County Code.
Sec. 6-6-4. Requirements of this Article in addition to requirements of Title 2, Chapter 1.
Attachment number 3 \nPage 3 of 17
Item # 12
The provisions of this Chapter are intended to augment and be in addition to the provisions of
Title 2, Chapter 1 (Business Tax Certificate). Where this chapter imposes a greater restriction
upon persons, premises, businesses or practices than is imposed by Title 2, Chapter 1, this
chapter shall control.
Sec. 6-6-5. Compliance with State Law; exemption for used motor vehicle dealers and scrap
metal processors..
(a) Nothing in this Chapter shall relieve Brokers, pPawnbrokers, or Book Dealers and other
dealers in precious metals or gems from the necessity of complying with state and federal law.
(b) Used motor vehicle dealers, dismantlers and salvage dealers (as defined by O.C.G.A. section
43-47-2) and scrap metal processors (as defined by O.C.G.A. section 43-43-1) are exempt from
the requirements of this chapter.
Sec. 6-6-6. Application: Broker, Pawnbroker, Book Dealer, Dealer in Precious Metals or Gems,
Itinerant Dealers in Precious Metals or Gems.
The application for said business shall be signed and dated by the applicant and contain answers
to the following questions:
(a) What is the kind of business to be operated?
(b) What is the name of the business?
(c) What is the location where such business is proposed to be carried on and the telephone
number of said location?
(d) What is the name of the applicant for the business tax certificate, and the home address and
telephone number of said applicant?
(e) Where has applicant resided for the six (6) months preceding the date of this application?
(f) What was the applicant's previous home address, and how long was applicant a resident
there?
(g) What is the Social Security number of said applicant?
(h) What are the names and addresses of all persons having an interest in said business?
(i) What interests do such persons have?
(j) Who is the landlord or owner of said location, and what is the address and telephone number
of said landlord or owner?
Attachment number 3 \nPage 4 of 17
Item # 12
(k) Has the applicant or any person connected with or having an interest in said business:
(l) Been charged or convicted of any violation of law (other than minor traffic violations)
in any locality?
(2) Served time in prison, or other correctional institution?
(l) If the answer to section (1) of the above question is 'yes', state circumstances in detail.
Information must be complete as to dates, charges, court of jurisdiction, and disposition for each
person. If the answer to section (2) of the above question is 'yes', state circumstances in detail.
Information must be complete as to charge on which convicted, name of prison or correctional
institution, length of time served, date of release from prison or correctional institution, or
whether on probate or parole, and the terms thereof.
(l) Give the name, home address and telephone number and place of employment of two (2)
persons who are residents of this county, who are familiar with your character and reputation.
All of the foregoing information is hereby given and all of the foregoing statements are hereby
made on oath, willfully, knowingly, and absolutely, and the same is and are hereby sworn to be
true under penalty for false swearing, as provided by law.
Applicant's Signature
Sworn to and subscribed before me, this ______day of 20____.
Notary Public
Sec. 6-6-7. Regulatory fee.
Any person, firm or corporation who does business in Augusta, Georgia-Richmond County as a
Broker, Pawnbroker, Book Dealer, Dealer in Precious Metals or Gems, Itinerant Dealers in
Precious Metals or Gems shall, before engaging in such business, pay such regulatory fee as is
provided in section 2-1-3(c) of the Augusta-Richmond CountyAugusta, Georgia Code.
Sec. 6-6-8. Right of suspension by Planning and Development Department: Revocation.
The Planning and Development Department shall have the right to immediately suspend, for
cause, any business tax certificate issued under this article whenever a person, firm or
corporation doing business shall deviate from the normal operation for which the business tax
certificate was obtained or fails in performance to meet the required regulations and code as set
forth by the Planning and Development Department, Sheriff ’s office or Health department; or
violates any law or ordinance of the United States, or the state or Augusta, Georgia, in pursuance
of such business conducted under such business tax certificate; or when it shall be proven before
the Planning and Development Department that there is a violation of a nuisance law; or when
the health, morals, interests and convenience of the public demand the suspension of such
business tax certificate. The Planning and Development Department shall report the suspension
of such business tax certificate to the next regular or called meeting of the Commission, and shall
provide the licensee with at least three (3) days' notice of said meeting, at which meeting the
Attachment number 3 \nPage 5 of 17
Item # 12
licensee may make such showing as he/she may deem proper. After a hearing, Commission shall
either continue the suspension, place the license on probation, permanently revoke the license, or
restore the license such that it remains in full force. A license granted hereunder shall also be
subject to revocation for cause, either with or without a prior suspension of the license.
Whenever, in the opinion of the Planning and Development Department, there is cause to revoke
the license, a written notice of intention to revoke it shall be furnished the holder thereof three
(3) days before a regular or called meeting of the Commission at which time the holder of the
license may make such showing as he/she may deem proper. After a hearing, the Commission
may revoke the license if, in its discretion, it is in the best interest, peace and good order of
Augusta, Georgia, or there has been any violation of the ordinances and code of Augusta,
Georgia, or the laws of the State of Georgia or the United States in the conduct of the place of
business.
Sec. 6-6-9. Conduct of business.
The following rules and regulations are hereby established, and shall govern the conduct and
operation of every such place of business regulated by this chapter,, and every person owning
and operating such place of business.
Sec. 6-6-10. Daily Electronic Reporting.
(a) All businesses regulated by this article shall make correct and truthful entries of information
as required by the applicable Section as soon after the transaction as possible and in no event
more than one hour after the applicable time set for closing of the business. The daily electronic
reporting shall be by an electronic reporting system required by the Sheriff. Every Broker,
pPawnshop and Book Dealer shall enter each transaction as it occurs into the electronic reporting
system via the internet to the administrator of the electronic reporting system. The administrator
of the electronic reporting system will electronically transmit all transactions to the police
department Sheriff’s Office.
(b) In the event that the electronic reporting system becomes temporarily or permanently
disabled, businesses will be notified as soon as possible by the Sheriff's Office. In this event, the
businesses will be required to make records of transactions in paper form as prescribed by the
Sheriff's Office. Such paper forms must include all information required under the applicable
Section related to the business. Businesses shall be responsible for maintaining an adequate
inventory of these forms.
(c) The Sheriff shall select and provide the required electronic reporting system software, and
designate the required fingerprint reader model to be purchased by
the business.
Sec. 6-6-11. Recordkeeping Requirements. Brokers, and Pawnbrokers and Book Dealers.
Except as otherwise provided in section 6-6-12, Aall Brokers, and Pawnbrokers and Book
Dealers shall maintain records documenting all pawnshop transactions as follows:
Attachment number 3 \nPage 6 of 17
Item # 12
(a) At the time of the actual transaction, Brokers, pPawnbrokers and Book Dealers shall
complete the transaction form designated by the Sheriff. A pawnbroker The business owner
shall maintain a copy of the completed transaction form on the licensed premises for at least one
(1) year after the date of the transaction. However, the pawnbroker business owner shall maintain
a copy of the transaction form either on premise or off premise at a location within Richmond
County approved by the Sheriff for not less than four (4) years. Such records may be kept
electronically as long as a copy of the electronic records can be provided to the Sheriff or other
law enforcement agency upon demand.
(b) The record required above shall contain:
(1) The time, date, and place of the transaction.
(2) A complete and accurate description of the goods acquired, including the following
information, if applicable:
a. Brand name (and if applicable, stock keeping unit (SKU)).
b. Model number.
c. Manufacturer's serial number.
d. Size.
e. Color, as apparent to the untrained eye.
f. Precious metal type, weight, and content if known, as well as a digital
photograph.
g. Gemstone description, including the number of stones, if applicable, as well as
a digital photograph.
h. In the case of firearms, the type of action, caliber or gauge, number of barrels,
barrel length, and finish.
i. Any other unique identifying marks, numbers, or letters.
j. The price paid for the goods purchased.
k. A digital photograph of the items purchased.
(3) The Broker and, Pawnbroker and Book Dealer shall require verification of
identification of the person from whom the goods are acquired by accepting only proper
identification as defined herein, as well as a description of the person including:
Attachment number 3 \nPage 7 of 17
Item # 12
a. Full name, current residential address, workplace, and home and work phone
numbers.
b. Height, weight, date of birth, race, gender, hair color, eye color, and any other
identifying marks.
c. A Photo copy of the seller's proper identification.
d. A digital reader fingerprint of the seller's right hand thumb (see fingerprint
definition). The digital fingerprint file shall be uploaded to an electronic reporting
system required by the Sheriff.
(4) The record shall contain the type of identification exhibited, the issuing agency, and
the number thereon.
(5) The seller shall sign a statement verifying that the seller is the rightful owner of the
goods or is entitled to sell, consign, or trade the goods.
(6) Any other information required by the format designated by the Sheriff.
Sec. 6-6-12. Daily accurate report; false statements.
(a) Every Broker, and Pawnbroker and Book Dealer (or , his employees or agents,) shall make
correct and truthful entries of the above-required information in the daily electronic reporting
required in Section 6-6-10.
(b) It shall be unlawful for a person engaged in the business of Broker, pPawnbroker or Book
Dealer to make any false entry in any report. Any person making any willfully false or
misleading statements in the report shall be punished as provided in section 6-6-22.
Sec. 6-6-13. Exceptions from certain record keeping requirements.
(a) Transactions involving the sale of books, as defined by this chapter, are not subject to the
record keeping requirements of this chapter.
(b) Book Dealers are excluded from the record keeping requirements of section 6-6-
11(b)(2)(k)(digital photograph) and section 6-6-11(b)(3)(d)(fingerprint), provided such Book
Dealer meets all of the following requirements:
(1) Book Dealer must supply the Sheriff’s Office with annualized gross receipts
reflecting that at least 60% of the retail sales of the Book Dealer occurring in Richmond County
are of “Books” as defined by this chapter. Such receipts shall be required 60 days following the
effective date of this ordinance for the year 2014 and on or before February 1 each year
thereafter. In the event annualized gross receipts reflect less than 60% book sales, the Book
Dealer must comply with all of the record keeping requirements of section 6-6-11 within 60
days.
Attachment number 3 \nPage 8 of 17
Item # 12
(2) Book Dealer must make a high quality video recordings of each transaction wherein
the Book Dealer is purchasing an item regulated by this chapter from retail customers; must
preserve such recordings for a minimum of 60 days following each transaction; and must make
such video recordings available to the Sheriff’s Office upon request without the requirement of a
warrant.
Sec. 6-6-14. Minors.
It is unlawful for any broker, pawnbroker, or agent or employee thereof to receive any article in
pawn or purchase any article for resale from any person under 17 years of age.
Sec. 6-6-15. Pawnbrokers; bond required.
In addition to the business tax certificate required by section 6-6-3 herein, it shall be unlawful for
any person to engage in the business of pawn broking within Richmond County without giving
bond, with two (2) good and approved securities, in the sum of five thousand dollars ($5,000.00),
conditioned to make good all damages sustained by the carelessness, neglect or unfair dealing of
such licensee.
Sec. 6-6-16. Premises open to Sheriff.
Every Broker, and Pawnbroker and Book Dealer shall admit to his premises any Sheriff’s
deputy, who in the performance of official lawful duties as prescribed by the Sheriff may desire
at any time to search for articles missing or stolen, or to make any inspection authorized by this
article, without the formality of a search warrant.
Sec. 6-6-17. Inspection of pledges and purchases and records.
All articles pledged or sold to Brokers, pPawnbrokers and Book Dealers shall, at all times, be
subject to inspection and examination by the Sheriff. All records required to be kept by this
chapter or by policies of the Sheriff's Office shall be subject to inspection and examination by
the Sheriff.
Sec. 6-6-18. Goods held for 30 days; law enforcement holds.
(a) Any pawnbroker or person operating under a pawnbroker's license who takes goods on pawn
or buys goods, taking full title thereto, the word "goods" being used in the broadest sense and
including all kinds of personal property, shall hold the goods so taken in pawn or purchase for at
least 30 days before disposing of the goods by sale, transfer, shipment or otherwise.
(b) The Richmond County Sheriff’s Office has the authority to place property that is the subject
of law enforcement investigation on "law enforcement hold." In that event, the Richmond
County Sheriff’s Office shall notify the pawnbroker of the need for a police hold and identify all
property subject to the police hold. Upon notification, it shall be the responsibility of the
Attachment number 3 \nPage 9 of 17
Item # 12
pawnbroker to maintain the subject property until such time as the property is released from law
enforcement hold status or the property is confiscated as evidence.
Sec. 6-6-19. Pawnbrokers; amount of loan.
Upon all articles pawned the pawnbroker may advance such sum and for such time as may be
agreed on with the pawner.
Sec. 6-6-20. Sale of unredeemed articles; pawner's right of redemption.
Upon the failure of the pawner to redeem the articles pledged at the time agreed on, the
pawnbroker may, after the expiration of 30 days, sell such articles; provided, that six (6) daily
notices of sale are given through two (2) newspapers; provided, further, that the pawner shall
have the privilege of redeeming such articles up to the time of the sale.
Sec. 6-6-21. Pawn tickets.
It shall be unlawful for any pawnbroker to fail to deliver to the pawner, at the time of the
pawning, a certificate or ticket, numbered to correspond with the number and description in the
record he is required by this chapter to keep.
Sec. 6-6-22. Sign.
It shall be unlawful for any pawnbroker to fail to affix the usual pawnbroker's sign, a three-ball
pendant, to his place of business, within five (5) days after receiving his pawnbroker's business
tax certificate.
Sec. 6-6-23. Money lenders, except banks and like institutions, as pawnbrokers.
Any person, except banks and other institutions of like character regulated and licensed solely by
the state, lending money on or purchasing personal property from individuals, shall be classed as
pawnbrokers and shall pay the fee required of pawnbrokers, and shall make daily reports to the
Sheriff’s Office of such loans or purchases, and shall in all other respects be subject to and
governed by the provisions of this article regulating the business of a pawnbroker.
Sec. 6-6-24. Penalties.
(a) Any person running a business as a Broker, or Pawnbroker, or Book Dealer or any employee
or agent thereof, shall be punished as provided by Section 1-6-1, and, in addition, by the
revocation of the regulatory permit of the pawnbroker violating the provisions of any law or
ordinance pertaining to pawnbrokers.
(b) Any person running a business dealing in precious metals or gems, or any employee or agent
thereof, violating any of the provisions of this chapter shall be punished as provided by Section
1-6-1, and, in addition, by the revocation of the regulatory permit of the dealer in precious metals
Attachment number 3 \nPage 10 of 17
Item # 12
or gems violating the provisions of any law or ordinance pertaining to dealers in precious metals
or gems.
(c) Any person running a business as an itinerant merchant dealing in precious metals or gems,
or any employee or agent thereof, violating any of the provisions of this chapter shall be
punished as provided by Section 1-6-1, and, in addition, by the revocation of the regulatory
permit of the itinerant merchant dealing in precious metals or gems violating the provisions of
any law or ordinance pertaining to dealers in precious metals or gems.
Sec. 6-6-25. Notice of intent to conduct business.
(a) Business Tax Certificate Required. Any person, firm or corporation who does business in
Richmond County as Dealers in Precious Metals or Gems shall, before engaging in such
business, obtain a business tax certificate in accordance with §6-6-3 and §6-6-4 of the Augusta,
GA Code.
Sec. 6-6-26. Dealers in Precious Metals or Gems; Registration and Regulatory Permit Required.
(a) No person shall engage in business as a dealer in precious metals or gems until he has
registered as a dealer in precious metals or gems for each separate place of business with the
Richmond County Sheriff’s Office and has applied for a regulatory permit to operate said
business in Richmond County. The registration and permit application shall be in writing and
shall be sworn to or affirmed by the dealer in precious metals or gems on a form as prescribed by
the Sheriff’s Office.
(b) The registration and permit application shall contain the full name, business address, home
address and date of birth of the dealer together with the full names, home addresses, and dates of
birth of all other persons having an ownership interest or actually employed in the business other
than publicly held corporations. In the case of a corporation, this list shall include full names,
dates of birth and titles of corporate officers and owners often or more percent of the common or
preferred stock.
(c) No person shall be eligible for a regulatory permit or to register as a dealer in precious metals
or gems if any owner, manager, employee or stockholder, other than stockholders owning less
than ten (10) percent of the outstanding shares of a publicly held corporation, has been convicted
of a felony under the laws of this state or any other state or the United States. This subsection
shall not apply to any person who has been convicted of a felony after ten years have expired
from the date of completion of the felony sentence. Prior to the issuance of an occupation tax
certificate and the regulatory permit, a background investigation shall be required for the
stockholders, owner(s), manager(s), and employee(s). If the eligibility requirements are met, then
the occupation tax certificate and the regulatory permit shall be issued, and the registration
allowed.
(d) Such occupation tax certificate and regulatory permit shall be for the calendar year and must
be renewed prior to the expiration date. All independent contractors must have the certificates
and permits required by this chapter. In addition, each applicant shall pay an initial registration
Attachment number 3 \nPage 11 of 17
Item # 12
fee to the Richmond County Sheriff’s Office of $25.00 to cover the cost of registering such
persons. The registration shall be renewed annually upon presentation of a current tax certificate
and regulatory permit by the dealer.
(e) It shall be the responsibility of the Planning and Development Department to issue and
receive payment for the occupation tax certificate.
(f) It shall be the responsibility of the Sheriff or designee to issue and receive payment for the
regulatory permit. The cost of the regulatory permit shall be $25.00 for each individual listed on
the application and shall be used to cover the cost of the criminal history(s) and background
investigation of the applicant(s) investigation in addition to any fees charged by the State. The
Director of Planning and Development or his designated representative shall submit the
application after filing to the Sheriff’s Office. Each applicant authorizes the Sheriff’s Office and
its agents to secure from any court, law enforcement agency, or other public agency his criminal
history and the criminal history of all individuals required to be listed on the application,
including but not limited to sole proprietor, partners, members, corporate officers, stockholders,
and managers, and authorizes Augusta, Georgia to use such information in determining whether
the license applied for shall be issued. Each applicant waives any right that he would otherwise
have to preclude Augusta, Georgia or its agents from obtaining and using such information and
each applicant further waives any liability of Augusta, Georgia or its agents for obtaining and
using such information, and agrees to indemnify and hold Augusta, Georgia harmless against the
claims of any person listed by the applicant on the application and by doing so has authorized
Augusta, Georgia to investigate. The Sheriff’s Office shall make an arrest and conviction
investigation concerning any applicants hereunder and all individuals required to be listed on the
application, including but not limited to sole proprietor, partners, LLC members, corporate
officers, corporate stockholders, and managers. The Sheriff’s Office shall submit the results of
the investigation to the Director of Planning and Development or his designated representative
within 30 days of submission.
(g) All applications shall contain the address of the premises upon which the business is
conducted and the zoning classification of the premises.
(h) Each dealer shall be required to notify the Richmond County Sheriff’s Office in writing
within seven (7) calendar days of any change of address of the dealer or business or any change
of ownership in the business. A copy of the change of address or ownership in the business shall
be transmitted to the sheriff of the county within seven days of the notification.
Sec. 6-6-27. Recordkeeping Requirements.
(a) Every dealer in precious metals or gems shall maintain a record, in permanent form, in which
shall be entered at the time of each purchase of precious metals or gems or goods made from
precious metals or gems the following:
(1) The date and time of the purchase;
(2) The name of the person making the purchase from the seller;
Attachment number 3 \nPage 12 of 17
Item # 12
(3) The name, age, and address of the seller of the items purchased and the distinctive
number from such seller's driver's license or other proper identification as defined herein,
containing a photo of the seller;
(4) A photocopy of the seller's proper identification.
(5) A digital reader fingerprint of the seller's right hand thumb (see fingerprint
definition). The digital fingerprint file shall be uploaded to an electronic reporting system
required by the Sheriff.
(6) A clear and accurate identification and description of the purchased goods, including
the serial, model, or other number, and all identifying marks inscribed thereon as well as
a digital photograph. If a criminal investigation occurs, the dealer in precious metals and
gems shall, upon request, provide a clear and legible copy of the image to the appropriate
law enforcement agency.
(7) The price paid for the goods purchased;
(8) The number of the check issued for the purchase price, if payment is made by check;
and
(9) The signature of the seller.
(b) The permanent record required by this Code section shall be in legible English. Entries shall
appear in chronological order. No blank lines may be left between entries. No obliterations,
alterations, or erasures may be made. Corrections shall be made by striking through the entry
without destroying its legibility. The record shall be maintained for each purchase of precious
metals or gems or goods made from precious metals or gems for at least one year on-site or for at
least two years off-site at a location within Richmond County approved by the Sheriff. Such
records may be kept electronically as long as a copy of the electronic records can be provided to
the Richmond County Sheriff’s Office or other law enforcement agency upon demand. The
record shall be open to the inspection of any duly authorized law enforcement officer during the
ordinary hours of business or at any reasonable time.
(c) Dealers exclusively engaged in buying or exchanging for merchandise scrap dental gold and
silver from licensed dentists by registered or certified mail or statutory overnight delivery may
record the post office record of the mailed parcel in lieu of the seller's age and proper
identification as required in paragraph (3) of subsection (a) of this Code section and in lieu of the
seller's signature as required in paragraph (7) of subsection (a) of this Code section.
Sec. 6-6-28. Daily electronic reporting required.
(a) Every dealer in precious metals or gems shall comply with the requirements for daily
electronic reporting as set forth in Section 6-6-10. The daily electronic reports shall contain the
information required in Section 6-6-27(a) (1)-(9) in a form approved or prescribed by the Sheriff
Attachment number 3 \nPage 13 of 17
Item # 12
of all precious metals or gems or goods made from precious metals or gems purchased on the
day of the report.
(b) All reports shall be maintained in a secure location under the direct supervision of the
appropriate Sheriff’s Officer. All reports shall be available for inspection only for law
enforcement purposes as provided in O.C.G.A. Section 43-37-4(b) and (c) Any Sheriff’s Officer
may, in his discretion, authorize any person who demonstrates theft of precious metals or gems
by the presenting of an incident report or other similar document to inspect the reports at the
Sheriff’s Office in an effort to locate stolen property.
Sec. 6-6-29. Unlawful activities.
(a) It shall be unlawful for any dealer in precious metals or gems or any agent or employee of a
dealer in precious metals or gems who makes purchases of precious metals or gems or of goods
made from precious metals or gems to:
(1) Make any false statement in the permit application and registration provided for in
Section 6-6-26;
(2) fail to maintain and make entries in the permanent record as required by Section 6-6-
27;
(3) make any false entry in such permanent record;
(4) Falsify, obliterate, destroy, or remove from the place of business such permanent
record;
(5) Refuse to allow any duly authorized law enforcement officer to inspect such
permanent record, or any precious metals or gems or goods made from precious metals or
gems in his possession, during the ordinary hours of business or at any reasonable time;
(6) Sell, exchange, or remove from the legal possession of the buyer, or to alter the form
of, any precious metals or gems or goods made from precious metals or gems purchased
by remounting, melting, cutting up, or otherwise altering the original form until at least
10 calendar days have elapsed from the time of purchase or acquisition;
(7) Fail to make the report as required in this Article; or
(8) Purchase any precious metals or gems from any person under 17 years of age.
(b) It shall be unlawful for any person to advertise or transact business as a dealer in precious
metals or gems without first registering and obtaining the regulatory permit pursuant to the
requirements of this Article.
Attachment number 3 \nPage 14 of 17
Item # 12
(c) It shall be unlawful for any dealer in precious metals or gems to purchase precious metals in a
melted or smelted state unless the purchase is from a registered dealer in precious metals or
gems.
(d) If any Sheriff's officer has probable cause to believe that precious metals or gems have been
stolen, he may give notice in writing to the dealer to retain the precious metals or gems for an
additional 15 days; and it shall be unlawful for the dealer to dispose of the property unless the
notice is revoked in writing within the 15 day period.
Sec. 6-6-30. Applicability of Article.
(a) This Article shall not apply to any precious metals or gems containing precious metals or
gems obtained from industrial producers, manufacturers, licensed dealers, or distributors.
(b) This Article shall not apply to dealers exclusively engaged in the sale or exchange of
numismatic coins or to transactions exclusively involving numismatic coins or other coinage.
Sec. 6-6-31. Itinerant Dealers in Precious Metals or Gems. Applicability.
This section shall be applicable to all itinerant dealers of precious metals or gems, whether their
sales, trades and purchases are at retail or wholesale or by any form of pawn. Specifically
excluded are wholesalers, buyers and sellers who sell, trade and deal only with mercantile
establishments or purchase precious metals or gems from manufacturers, manufacturer's
representatives, or other dealers in precious metals or gems.
Sec. 6-6-32. Notice of intent to conduct business.
(a) Business Tax Certificate Required. Any person, firm or corporation who does business in
Richmond County as an Itinerant Dealers in Precious Metals or Gems shall, before engaging in
such business, obtain a business tax certificate in accordance with §section 6-6-3 and §section 6-
6-4 of the Augusta, GA Code.
(b) Permit required. It shall be unlawful for any person to engage in activities as an itinerant
dealer in precious metals or gems in Richmond County without having obtained a valid permit
for each separate location and for each person engaging in said activities. Prior to advertising any
buying, selling, trading or otherwise dealing in precious metals or gems, an itinerant dealer shall,
at least three (3) business days prior to the initial advertising, file with the Sheriff’s Office an
application for a regulatory permit to conduct the business of itinerant dealer in precious metals
or gems in Richmond County.
(c) Such application shall include the following:
(1) Full name of the person, group or association, and its address;
(2) The name of the person who will be conducting business in Richmond County and his
home address, including proper identification as defined;
Attachment number 3 \nPage 15 of 17
Item # 12
(3) The length of the stay in Richmond County, including the dates of opening and
closing, at each fixed location not to exceed 15 days;
(4) The fingerprints of the person or persons who will be conducting such business in
Richmond County; and
(5) Where the business will be conducted, and during what hours; except that no itinerant
dealers in precious metals or gems shall operate at any location in Richmond County
between the hours of 6:00 p.m. and 8:00 a.m. Monday through Saturday or during any
hours on Sunday.
(d) No person who has been convicted of a felony under the laws of this state or any other state
of the United States shall be eligible to receive a regulatory permit to conduct business as an
itinerant merchant of precious metals or gems within Richmond County. This paragraph shall not
apply to any person who has been convicted of a felony after ten years have expired from the
date of completion of the felony sentence. Prior to the issuance of the regulatory permit, a
background investigation shall be required for each person who will be conducting business in
Richmond County. If the eligibility requirements are met, then the regulatory permit shall be
issued for each person meeting the requirements. The provisions of Section 6-6-24(£) shall apply
to the background investigation required herein.
(e) Each regulatory permit issued pursuant to this section shall be nontransferable and valid for
period of time listed by the applicant in response to paragraph (c) (3) above, not to exceed 15
days.
(f) Every itinerant dealer shall admit to the premises where business is being conducted any
Sheriff's officer, who in the performance of official lawful duties as prescribed by the Sheriff,
may desire at any time to search for articles missing or stolen, or to make any inspection of
records authorized by this chapter, without the formality of a search warrant.
Sec. 6-6-33. Records. All itinerant dealers, both salesmen and buyers, of precious metals or gems
shall keep records wherein shall be entered an accurate description of all property pledged,
traded or sold by them. Such description shall include to the extent possible the name or the
make of the article, any identifying mark or number, and a statement of the kind of material of
which it is made. In such records there shall be entered also the full name and address of the
person by whom same was deposited or sold, and the time when the same was done, and the
name, address, date of birth and drivers' license number of seller; and a photocopy of the proper
identification. In the event the seller does not have a drivers' license, other proper identification
as defined shall be required and photocopied. All purchased items shall be digitally
photographed. These entries shall be made as soon after the transaction as is possible but in no
event more than one hour after the time given for daily close of business in Ssection 6-6-321
(c)(5) above. Such records may be kept electronically as long as a copy of the electronic records
can be provided to the Richmond County Sheriff or other law enforcement agency upon demand.
Sec. 6-6-34. Daily Accurate Report to policeSheriff’s Office.
Attachment number 3 \nPage 16 of 17
Item # 12
Every traveling and itinerant dealer shall make a report to the Sheriff's Office, as required in
Section 6-6-10 (Daily Electronic Reporting). The report shall be in such form as may be
prescribed by the Sheriff, of all property pledged, traded, bought or sold during the period of
operation in Richmond County, and shall show the name and address of any person who bought,
sold, traded or otherwise disposed of or received any item; the date and time of the transaction;
the amount paid or advanced, or the item traded; the full description of articles, including kind,
style, material, color, design, kind and number of stones in jewelry; and all identifying names,
ranks, and numbers; and a description of persons trading, buying, selling or pawning, including
the name, address, race, weight, height, photocopy of proper ID and digital thumbprint of said
person. (See fingerprint requirement).
Sec. 6-6-35. Surrender of stolen property.
In the event it is determined that any item bought, sold or traded to, or received by the itinerant
dealer, salesman or buyer is the subject of any theft of crime, the dealer, salesman or itinerant
buyer shall, upon demand of the Sheriff, surrender the same to the Sheriff’s Office.
Sec. 6-6-36. Holding period.
(a) Except as provide in sub-section (c) below, Eevery item covered by this sectionchapter which
is purchased from one seller shall be separately packaged, or kept separately, and not
intermingled or confused with items purchased from another seller, for a period of thirty30 days
following the purchase of such item.
(b) Except as provide in sub-section (c) below, Nno person engaging in the purchase of precious
metals or items regulated by as defined this chapter, shall sell or otherwise dispose of, permit the
sale or disposal of, remove or permit to be removed from the license holder's place of business,
intermingle with other similarjewelry or stones items, alter, change or , deface any such items or
permit the same of any such precious metals or stones purchased, until after the expiration of
thirty30 days from the date of purchase.
(c) The holding period and other requirements of sub-sections (a) and (b) above shall not be
applicable to pawnshop transactions involving the sale of CDs, DVDs, Video Games, Cassette
Tapes and Audio Records unless the cash amount to be paid to one seller of such items exceeds
$100.00 during a 24 hour period.
Sec. 6-6-37. Unlawful activities.
It is unlawful for any itinerant dealer of precious metals or gems to purchase any precious metals
or gems from any person under 17 years of age.
Attachment number 3 \nPage 17 of 17
Item # 12
Commission Meeting Agenda
11/19/2013 2:00 PM
Augusta, Fire Deparment Volunteer Fire Fighter and Recure Worker Compensation
Department:Fire Department
Caption:Motion to approve a resolution authorizing volunteer firefighters
and rescue workers of the Augusta, Georgia Fire Department to be
covered under Workers' Compensation. (Approved by Public
Safety Committee November 12, 2013).
Background:
Analysis:
Financial Impact:
Alternatives:Deny
Recommendation:Approve
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 13
RESOLUTION
A RESOLUTION AUTHORIZING VOLUNTEER FIRE FIGHTERS AND
RESCUE WORKERS OF THE AUGUSTA, GEORGIA FIRE
DEPARTMENT TO BE COVERED UNDER WORKERS’
COMPENSATION
WHEREAS, the Augusta, Georgia Board of Commissioners desires to provide workers’
compensation coverage in the same manner as other Augusta, Georgia employees for certain
volunteer fire fighters and rescue workers who perform services for the Augusta, Georgia Fire
Department;
THE COMMISSION OF AUGUSTA, GEORGIA HEREBY RESOLVES that those
individuals providing services for the Augusta, Georgia Fire Department on a volunteer basis as
firefighters and rescue workers shall be covered under the workers’ compensation laws of the
State of Georgia in the same manner as other Augusta, Georgia employees. Any volunteer
firefighter’s or rescue worker’s average weekly wage shall be calculated in accordance with
O.C.G.A. §34-9-260(5), as may be amended.
Duly adopted this _____ day of November.
AUGUSTA, GEORGIA
By:____________________________
David S. Copenhaver
As its Mayor
ATTEST:
________________________________
Lena J. Bonner, Clerk of Commission
Attachment number 1 \nPage 1 of 1
Item # 13
Commission Meeting Agenda
11/19/2013 2:00 PM
Automatic Aid Agreement with Hephzibah, Georgia
Department:Fire Department
Caption:Motion to approve automatic aid agreement with Hephzibah,
Georgia. (Approved by Public Safety Committee November 12,
2013).
Background:Those Augusta, Georgia residence who live close to the
Hephzibah city limits have a higher ISO rating because they are
not within five (5) miles of an Augusta, Georgia fire station and
therefore have much higher insurance premiums. ISO credits
governing authorites for the facilities of any other governing
authority with which they have an automtic aid agreement.
Analysis:This agreement will greatly improve the ISO rating of Augusta,
Georgia residence who are within five (5) miles of the Hephzibah
Fire Station but not within five (5) miles of any Augusta, Georgia
Fire Station resulting in a significant decrease in their insurance
premiums.
Financial Impact:None
Alternatives:Deny
Recommendation:Approve
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Cover Memo
Item # 14
Clerk of Commission
Cover Memo
Item # 14
AUTOMATIC AID AGREEMENT
This AUTOMATIC AID AGREEMENT (“Agreement”) is entered into this _____ day of
October, 2013 by and between the Augusta, Georgia and the City of Hephzibah, Georgia.
DUAL RESPONSE AREA
1. Dual Response Area - Geographic Limits. This Agreement shall apply to all fire
alarms and structure fires in residential, commercial, recreational and rural properties
(“Emergency Incidents”) where the first response is provided by a local fire
department. This Agreement applies to all Emergency Incidents received by the
Augusta, Georgia Communications Center for addresses or occupancies within the
Augusta, Georgia Fire District located within the boundaries defined by:
To the North – Hwy 88/Patterson Bridge Road
To the West – Bath-Edie Road/Keysville Road
To the East – Peach Orchard Road
To the South – Augusta/Burke County Line
Note: For purposes of this Agreement, the boundary will include both sides of the
road way and any property contiguous to either side of the roadway.
2. Situations Where Aid is Provided. All calls for fire services within the defined
automatic aid agreement area shall result in an automatic, simultaneous response from
both the Augusta, Georgia and City of Hephzibah Fire Departments. To accomplish
this, the Augusta, Georgia Communications Center shall simultaneously dispatch
both the Augusta, Georgia and City of Hephzibah Fire Departments. This Automatic
Aid Agreement shall be in effect 24 hours a day, seven days a week.
3. No Reimbursement for Costs. No party in this Agreement shall be required to
reimburse any other party for the cost of providing the services set forth in the Dual
Response section of this Agreement. Each party shall pay its own costs for
responding to the Emergency Incidents within the described automatic aid
Agreement.
PERSONNEL AND EQUIPMENT
Personnel and Equipment Provided. The Augusta, Georgia Fire Chief and the City of
Hephzibah Fire Chief shall establish a response plan regarding the deployment of
personnel and equipment in responding to Emergency Incidents under this Agreement. In
all cases, responses will be consistent with the established Augusta, Georgia Fire
Department alarm package. Any other required personnel and/or equipment will be
determined by the incident Commander (as defined below) in his or her sole discretion.
In the event that Augusta, Georgia Fire Department responders arrive first at the incident
and determine that they can handle the Emergency Incident entirely with their own
available resources, then Augusta, Georgia Fire Department shall return the still
Attachment number 1 \nPage 1 of 3
Item # 14
responding City of Hephzibah units. If dual response is required, as soon as the Augusta,
Georgia Fire Department determines that it has adequate resources to control and
extinguish the Emergency Incident, the City of Hephzibah responding units shall be
released.
INCIDENT COMMAND
Command at an Emergency Incident. The first arriving unit on any Emergency
Incident will establish an incident command management structure that is consistent with
their department protocol. Incident command will be assumed by the highest ranking
Augusta, Georgia Fire Department personnel on scene. All responding personnel will
operate accordingly under the command structure established.
RADIO COMMUNICATIONS
Radio Communications. The Augusta, Georgia Communications Center will
simultaneously dispatch both Augusta, Georgia and City of Hephzibah fire departments
to Emergency Incidents within the described boundary. Responding units to Emergency
Incidents within the described boundary will switch their radio traffic to Augusta,
Georgia’s assigned tactical channel for the specified incident (i.e. Tac1, Tac2, Tac3, or
Tac4).
LIABILITY/INDEMNIFICATION
Liability/Indemnification. Each party shall waive all claims against the other party for
compensation for any property loss or damage, and/or personal injury or death occurring
as a consequence of the performance of this Agreement. Each party shall bear the liability
and/or cost of damage to its equipment and the death of, or injury to, its personnel,
whether the death, injury or damage occurs at an Emergency Incident within the
described boundary. To the extent allowed by law, each department shall indemnify,
defend and hold harmless all other parties for damages, claims, demands, suits,
judgments, costs and expenses arising from loss of or damage to private property and/or
the death of or injury to private persons whether caused by either department responding
within the parameters of this Agreement. Provided, however, nothing contained herein
shall expand the immunity of a party granted to it by law.
With respect to “Command at the Emergency Incident” as provided for in the
“INCIDENT COMMAND” section above, each party waives all claims against the other
party for compensation for any property loss or damage, and/or personal injury or death
occurring as a consequence of any negligent acts, conduct, instructions or commands
given by the individual that assumes command (Incident Commander) at any Emergency
Incident. This provision shall not apply to any acts, conduct, instructions or commands
given by an officer in the capacity of Incident Commander, which are later determined at
anytime to have been grossly negligent, willful, wanton or reckless.
Attachment number 1 \nPage 2 of 3
Item # 14
TERMINATION
Termination of Agreement. Either party may withdraw from this Agreement by giving
ninety (90) days written notice to the other party by certified mail.
PRIOR AGREEMENTS
Prior Agreements. This Agreement does not cancel or void the current or any
subsequent mutual aid agreements between the parties. To the extent that this Agreement
conflicts with the current or any subsequent mutual aid agreements, this Agreement
controls.
___________________________ ___________________________
Deke Copenhaver Robert Buchwitz
Mayor, Augusta, Georgia Chairman, Hephzibah City Council
Date ______________________ Date _______________________
Attest: _____________________
Clerk of Commission
Attachment number 1 \nPage 3 of 3
Item # 14
Commission Meeting Agenda
11/19/2013 2:00 PM
Fire Department Budget Transfer Request
Department:Fire
Caption:Motion to approve a request from the Fire Department to
use $201,390 from a Fire Department revenue account from sale
of property, and $60,000 from fund balance into object codes for
the purpose of purchasing uniforms and refurbishing an aerial
truck that is currently out of service. The total amount of
funds requested is $261,390. (Approved by Public Safety
Committee November 12, 2013).
Background:Uniforms - The Augusta Firefighters are currently wearing work
uniforms made of a poly/cotton blend which is not NFPA
compliant. Beginning with the 2013 annual uniform purchase we
will be moving to a work uniform made of 100% cotton that is
NFPA compliant. Firefighters will get their normal allotment to
order uniforms to include shoes, dress uniforms, coats and etc.
This money has been budgeted, however, since we are changing
the work uniforms and they will not be able to wear the uniforms
they have puchcased in the past we would like to purchase each
fire suppression firefighter (captain and below) two sets of the
work uniform (shirts and pants only) . This will cost an additional
$93,000. Aerial Truck (LTI) - The Augusta Fire Department
currently owns an aerial truck (LTI) that cannot be driven because
it is unsafe due to certain features of the rear cab. We would like
put the remaining funds of $108,390 plus $60,000 from the fire
depatment fund balance to refurbish this aerial truck and place it
back in service.
Analysis:Changing the uniforms to 100% cotton NFPA compliant increases
firefighter safety. Refurbishing the Aerial Truck will make it
possible to place another truck in South Augusta,enhance the
efficiency of our response times, and assist in inproving our ISO
rating.
Financial Impact:$201,390 is available in 274000000-3923110. This revenue was
generated from the sale of Fire Department vehicles, lawn
equipment, and small equipment through the Fleet Managment
Dept. The remaining $60,000 is available in the Fire Department
Cover Memo
Item # 15
fund balance.
Alternatives:
Recommendation:To approve the budget adjustments of $261,390 to the revenue
account from the sale of property and the fire department fund
balance and the appropriate expenditure accounts used to purchase
uniforms and to refurbish apparatus.
Funds are Available
in the Following
Accounts:
$201,390 from 274000000-3923110 $60,000 from Fire
Department Fund Balance
REVIEWED AND APPROVED BY:
Finance.
Fire Department
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 15
Commission Meeting Agenda
11/19/2013 2:00 PM
Approve the implementation of an Augusta Government Channel.
Department:Information Technology
Caption:Approve the implementation of an Augusta Government Channel.
(No recommendation from Public Safety Committee
November 12, 2013)
Background:Historically, Augusta has relied on conventional media outlets to
convey information publically. Previously, Public Service
Announcements (PSAs) in conjunction with radio and television
have been used, when necessary, to promote City events, agendas,
etc. and to televise Committee and Commission Meetings. A
government channel will provide another means to accomplish
these items and provide additional government transparency.
Augusta has used mass media, in the past, when a need to convey
information to Augusta’s citizens and visitors has arisen. This
method was costly and was only used when necessary. It was not
used to promote citizen engagement or publicize program
information.
Analysis:As constituent’s desire to be informed has increased, Information
Technology has investigated possible methods of delivering
information to the citizens of Augusta. Other agencies, of similar
size and geography, have successfully utilized a dedicated
government channel. A local cable provider has agreed to allow
Augusta to use a dedicated channel for this purpose, at no charge
and a Memorandum of Understanding (MOU), see attached draft,
would govern the use of this channel. Several local stations and
production companies are interested in partnering with Augusta to
assist with the recording and production of program material.
Additionally, internal staff and interns would be used, when
possible, to reduce costs. Expenses related to this are included in
the 2014 proposed operating budget for the government channel,
see attached. Augusta would use this channel to provide
information on existing SPLOST Projects, Government Initiatives,
Safety Programs, Community Announcements, Live Event
Broadcasting, Job Listings, etc., see attached. The Augusta
Government Channel can also produce training videos for internal
use and for televising, as needed. Additionally, the equipment and
personnel will be used to edit Committee and Commission
Cover Memo
Item # 16
Meetings to produce a more professional product than can
currently be produced without the use of multiple cameras and
editing equipment.
Financial Impact:The capital cost to start the program is estimated at approximately
$171,850 for equipment, see attached capital cost breakdown. The
annual ongoing cost to operate the government channel is
estimated at $90,052 and is to be included in 2014 budget request,
if approved: (This will include staffing, maintenance, etc.)
Alternatives:Not implement an Augusta Government Channel and continue to
use other available media outlets
Recommendation:Approve the implementation of an Augusta Government Channel.
Funds are Available
in the Following
Accounts:
If approved, funds will be requested in the 2014 budget.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 16
(Insert Cervice Provider) and the City of Augusta, GA – MOU Version 1.0 –Created on 11/1/2013 2:52:00 PM
Page 1 of 4
Memorandum of UnderstandingMemorandum of UnderstandingMemorandum of UnderstandingMemorandum of Understanding
For For For For Augusta Government ChannelAugusta Government ChannelAugusta Government ChannelAugusta Government Channel
by and betweenby and betweenby and betweenby and between
(Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider) Cable CommunicationsCable CommunicationsCable CommunicationsCable Communications
andandandand
City of City of City of City of AugustaAugustaAugustaAugusta, GA, GA, GA, GA
This Memorandum of Understanding (hereinafter referred to as “MOU”) is
entered into this __th day of ____, 20__ (hereinafter referred to as the "Effective
Date"), by and between (Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider) Cable Communications
(hereinafter referred to as "(Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider)"), and the City of Augusta,
GA (hereinafter referred to as "Augusta").
WHEREAS, (Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider) is a franchise holder and cable system
operator in the City of Augusta;
WHEREAS, Augusta seeks to operate a government channel on (Insert Service (Insert Service (Insert Service (Insert Service
Provider)Provider)Provider)Provider) Cable Communications’ network.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, the parties agree as follows:
1. Roles and Responsibilities
a. Augusta shall provide all programming necessary to fill a Government Channel
for twenty four-hours per day.
b. Augusta shall be responsible for the expense, procurement and installation of all
equipment necessary to provide twenty-four hour programming.
Attachment number 1 \nPage 1 of 4
Item # 16
(Insert Cervice Provider) and the City of Augusta, GA – MOU Version 1.0 –Created on 11/1/2013 2:52:00 PM
Page 2 of 4
c. Augusta shall transmit our channel content live and stream content twenty-four
hours per day.
d. Augusta agrees to produce professional programming and channel content.
e. Augusta shall provide a place of demarcation for the termination of a connection
to (Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider) at 530 Greene Street.
f. (Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider)) shall provide a connection for Augusta to transmit a
live feed for Augusta’s Government Channel.
g. (Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider) shall provide Augusta with the channel designation
thirty (30) days prior to the projected go live date for Augusta’s Government
Channel.
2. Reporting
(Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider) shall provide any available assistance and/or statistics
that may be useful regarding viewership to Augusta.
4. Term
The “Term” of this MOU shall begin on the Effective Date. The “Term” of the MOU shall
be for one (1) four (4) year term followed by two (2) three (3) year terms which will
automatically renew.
5. Termination
Either party may terminate this MOU for cause. “Cause” shall mean a breach or
default of roles and responsibilities that are incapable of cure.
6. Notices
All notices, requests, or other communications hereunder shall be in writing and
either transmitted via overnight courier, hand delivery or certified or registered
mail, postage prepaid and return receipt requested to the parties at the following
addresses. Notices will be deemed to have been given when received.
Attachment number 1 \nPage 2 of 4
Item # 16
(Insert Cervice Provider) and the City of Augusta, GA – MOU Version 1.0 –Created on 11/1/2013 2:52:00 PM
Page 3 of 4
Primary ContactPrimary ContactPrimary ContactPrimary Contact
To (Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider) To Augusta
(Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider) Cable Cable Cable Cable
CommunicationsCommunicationsCommunicationsCommunications
The CityThe CityThe CityThe City oooof f f f AugustaAugustaAugustaAugusta, GA, GA, GA, GA
(Insert Street)(Insert Street)(Insert Street)(Insert Street) 530 Greene Street530 Greene Street530 Greene Street530 Greene Street
(Insert City, State, Zip Code)(Insert City, State, Zip Code)(Insert City, State, Zip Code)(Insert City, State, Zip Code) AugustaAugustaAugustaAugusta, , , , GA GA GA GA 30901309013090130901
(Insert Office Number)(Insert Office Number)(Insert Office Number)(Insert Office Number) ((((706) 821706) 821706) 821706) 821----1833 (Office)1833 (Office)1833 (Office)1833 (Office)
(Insert Fax Number)(Insert Fax Number)(Insert Fax Number)(Insert Fax Number) (706) 821(706) 821(706) 821(706) 821----1835(Fax)1835(Fax)1835(Fax)1835(Fax)
Attn:Attn:Attn:Attn:(Insert Contact Information)(Insert Contact Information)(Insert Contact Information)(Insert Contact Information) Attn: Mayor Deke CopenhaverAttn: Mayor Deke CopenhaverAttn: Mayor Deke CopenhaverAttn: Mayor Deke Copenhaver
Secondary Contact
To (Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider) To Augusta
(Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider) Cable Cable Cable Cable
CommunicationsCommunicationsCommunicationsCommunications
AdministratAdministratAdministratAdministrator’s Officeor’s Officeor’s Officeor’s Office
(Insert Street)(Insert Street)(Insert Street)(Insert Street) 530 Greene Street530 Greene Street530 Greene Street530 Greene Street
(Insert City, State, Zip Code)(Insert City, State, Zip Code)(Insert City, State, Zip Code)(Insert City, State, Zip Code) AugustaAugustaAugustaAugusta, , , , GA GA GA GA 30901309013090130901
(Insert Office Number)(Insert Office Number)(Insert Office Number)(Insert Office Number) (706) 821(706) 821(706) 821(706) 821----2400240024002400 (Office)(Office)(Office)(Office)
(Insert Fax Number)(Insert Fax Number)(Insert Fax Number)(Insert Fax Number) (706) 821(706) 821(706) 821(706) 821----2819281928192819(Fax)(Fax)(Fax)(Fax)
Attn:Attn:Attn:Attn: (Insert Contact Information)(Insert Contact Information)(Insert Contact Information)(Insert Contact Information) Attn: Attn: Attn: Attn: Tameka Allen, Deputy AdTameka Allen, Deputy AdTameka Allen, Deputy AdTameka Allen, Deputy Administratorministratorministratorministrator
Attachment number 1 \nPage 3 of 4
Item # 16
(Insert Cervice Provider) and the City of Augusta, GA – MOU Version 1.0 –Created on 11/1/2013 2:52:00 PM
Page 4 of 4
8. Waiver and Severability
The waiver by either party of any breach of any provision of this MOU shall not be
deemed to be a waiver of such provision on any subsequent breach of the same or
any other provision of this MOU. Any such waiver must be in writing in order to be
effective, and no such waiver shall establish a course of performance between the
parties contradictory to the terms hereof. All provisions of this MOU are severable,
and the unenforceability or invalidity of any of the provisions will not affect the
validity or enforceability of the remaining provisions. The remaining provisions will
be construed so as to carry out the full intention of the parties.
9. HOLD Harmless
Except as otherwise provided in this MOU, (Insert Ser(Insert Ser(Insert Ser(Insert Service Provider)vice Provider)vice Provider)vice Provider) shall indemnify
and hold harmless Augusta, and its employees and agents from and against
liabilities, claims, suits, damages, losses, and expenses, including attorneys’ fees,
arising out of or resulting from the production of government channel
programming.
10. Governing Law
This MOU shall be governed by and interpreted in accordance with the laws of the
State of Georgia.
IN WITNESS WHEREOF the parties have executed this MOU on the date first written above.
(Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider) CaCaCaCable ble ble ble
CommunicationsCommunicationsCommunicationsCommunications
AugustaAugustaAugustaAugusta
By: ___________________________
By: ___________________________
Name: ___________________________
Name: ___________________________
Title: ___________________________
Title: ___________________________
Date: ___________________________
Date: ___________________________
Attachment number 1 \nPage 4 of 4
Item # 16
Augusta Government Channel (AGC)
November 1, 2013
Version #4
Mission Statement
AGC-TV offers the public a wide range of programming primarily designed to show the
community how to interact with their local government and how their local government
functions. AGC-TV strives to provide a link between the public and city government officials
and departments. Our mission is to provide the citizens of Augusta and visitors to Augusta with
timely, accurate, and complete government information.
AGC-TV will provide coverage of City Commission and Committee Meetings and to inform the
citizens of Augusta of events, activities, and news about or affiliated with the Augusta
government, and to promote the work of the City.
Vision
Our vision is to be the most professional, accurate and relevant government channel in the nation
by providing government and community news and information to the citizens of Augusta and
visitors to Augusta through the use of programming on AGC-TV’s 24 hour channel.
Operational Definition
Augusta Government Channel (AGC) is an in-house television station owned, managed, and
operated by the City of Augusta. AGC-TV provides 24 hours of government programming and
public service announcements.
Goals
1. To make City Government more accessible to citizens of Augusta by providing coverage
of City Commission and Committee meetings as well as other Board Meetings, public
meetings and hearings deemed important.
2. To increase awareness and use of government services through video programming and
electronic bulletin boards.
3. To be a source of information in emergency situations.
Attachment number 2 \nPage 1 of 3
Item # 16
General Guidelines
The fundamental purpose of AGC-TV is to promote the education of the citizens of Augusta,
Georgia concerning City government by televising City Commission and Committee meetings as
well as other Board Meetings, public meetings and hearings deemed important, as well as
announcements of City government meetings, City events, and general information related to
Augusta, Georgia that is related to the health, safety and welfare of the citizens of Augusta,
Georgia.
General Policies
1. AGC-TV may publicize City government meetings, services, events, employment
opportunities, as well as other public announcements or other information from other
local, state, and federal governmental entities.
2. AGC-TV will also provide citizens with information and procedures in the event of
emergency situations (severe weather, civil emergencies, failure of municipal service or
systems, hazardous waste releases, etc). Emergency messages will take priority over all
other programming until the emergency situation is resolved.
3. At a minimum, all regular Commission and Committee meetings will be broadcast and
covered gavel to gavel with no interruptions. The only exception to uninterrupted
coverage is a legally allowable executive session or due to technical difficulties. There
will be no editorial comment. Council meetings may be videotaped.
4. All videotapes of meetings or AGC-TV produced programming shall be the property of
AGC-TV. In general, tapes of produced programs, meetings, and events will be retained
for up to six (6) months. However, Commission and Committee meetings, and public
hearings and forums will be archived in the AGC-TV studio for one (1) year. After one
(1) year, these tapes will be moved to the records department for three (3) years. At the
end of this time, tapes may be reused or stored in a form other than the original version.
Requests for longer retention will be allowed on a case-by-case basis.
5. Telecasts of meetings and/or videotaped copies of live telecasts are not the official record
of the meeting, and there shall be no liability by the City or its employees for inaccurate
information stated during an aired event. Typed meeting minutes shall serve as the
official record of a meeting. Any announcement/message may be edited for space and
clarity.
6. Should there be an error in any message displayed; neither the City nor the employee
responsible shall be liable for the inaccuracy of the information or for actions taken by
anyone as a result of the inaccurate information.
Attachment number 2 \nPage 2 of 3
Item # 16
Scheduling
1. Scheduling of programming and electronic bulletin board messages shall be the
responsibility of the Station Manager or his/her designee.
2. Scheduling shall be based on the importance of the message/notice to be displayed and as
the schedule of the Station Manager permits. The following is a prioritized list of types of
announcements that apply to scheduling decisions for AGC-TV:
o Emergency messages
o Programming of or about meetings of policy-making bodies such as the City
Commission, etc.
o Programming of various City departments, their services, or issues.
o Programming of other state, local or federal government and other publicly
funded authorities or agencies legally subject to responding to requests for open
records.
o Outside programming that presents issues relevant to City government.
Outside Programming/Bulletin Board Announcement Policies
1. AGC-TV will display announcements that advertise community, governmental,
educational, historical, and health meeting or events, as well as other non-profit functions
approved by the Station Manager.
2. Any programming produced by an outside source for broadcast on AGC-TV must be
sponsored by and/or affiliated with City Government and approved by the City
Administrator or his/her designee.
3. Both announcements and programming shall be non-commercial in nature. No marketing
or sales of any commercial product or service will be permitted.
4. Advertising on behalf of or opposing any political candidate, political party or ballot
measure is prohibited. Candidates for election may not use the AGC-TV except in
performance of their official duties at official meetings or as a citizen addressing a
governmental issue at an official meeting.
5. Fundraising or any kind of direct solicitation of funds, except by City departments and
officials for public purposes, is prohibited, including but not limited to yard/garage sales,
bake sales, etc.
6. AGC-TV will not accept outside production that is shot, edited, or produced with
substandard video equipment. The Station Manager will have the authority to decide
whether an outside production is substandard. The Station Manager's decision may be
appealed to the City Administrator.
7. AGC-TV will not air programming that violates any local, state, or federal law.
8. AGC-TV reserves the right to refuse any programming or announcement request that is
in violation of the mission, goal, and general guidelines of this Policy.
Attachment number 2 \nPage 3 of 3
Item # 16
1
Augusta Government Channel (AGC)
Estimated Capital and Operating Costs
November 1, 2013
Revision #3
Capital
Item Quantity Description Model Cost
1 1 Studio (see photo) Two Person ews $43,500
2 1 Studio (see photo) Two Person Set $3,500
3 1 Lighting Ceiling Mount $21,400
4 1 Camera (see photo) Fixed Mount HD $13,250
5 1 Camera (see photo) Mobile/JVC HQ100 $8,500
6 1 Camera Controls Remote Access $6,500
7 1 Carrying Case Hard Case w Insert $1,800
8 1 Storage Media Materials $2,500
9 1 Switching Equip.(see photo) exus $15,800
10 1 Computer/PC Desktop $1,700
11 1 Computer/MAC Laptop $2,300
12 1 Editing S/W Tek Speed $18,400
13 1 Editing H/W (see photo) Hardware $14,500
14 1 Leightronix Program WinLGX $4,000
15 1 Adobe, CS6 & Pro 2.0 & 7.0 $6,250
16 1 Tek VT5 Animator $1,850
17 1 Audio Mixer Mackie 1402-VLZ3 $4,200
18 1 Teleprompter $1,900
Total $171,850
Estimates for capital costs assume that the new Commission Chamber is fully funded and
operational.
Operating
Item Quantity Description Model Cost
1 1 Studio Manager One (1) FTE $65,000
2 1 Editing Technician Part Time $5,500
3 1 Supplies Misc. $1,400
4 1 Cellular One (1) Device $1,152
5 1 Production Studio 40 hours @ $175 $7,000
6 1 Printing Misc. $1,500
7 1 Advertising Misc. $3,500
8 1 Professional Services Legal/Copy Right $5,000
Total $90,052
Attachment number 3 \nPage 1 of 7
Item # 16
2
Editing H/W
Attachment number 3 \nPage 2 of 7
Item # 16
3
Production Studio (Two Person Set)
Attachment number 3 \nPage 3 of 7
Item # 16
4
Camera (Fixed & Mobile)
Attachment number 3 \nPage 4 of 7
Item # 16
5
Editing Equipment
Attachment number 3 \nPage 5 of 7
Item # 16
6
Production Studio (Two Person News)
Attachment number 3 \nPage 6 of 7
Item # 16
7
Switching Equipment
Attachment number 3 \nPage 7 of 7
Item # 16
Augusta Government Channel (AGC)
(Sample Program Data)
November 1, 2013
Revision #2
· Augusta Green Initiative
· Utilities Water Safety Program
· 311 (How to Report a Problem)
· Sheriff’s Office Programming
· Community Announcement
· Upcoming Events (Civic Center)
· Community Announcements
· Recreation, Parks and Facilities Programming
· Keep Augusta Beautiful (Green Initiative)
· AGC-TV News Watch
· City Council Meeting
· City Committee Meetings
· Community Announcements
· Job Opportunities
· Upcoming Augusta Events
· Board Meeting (Pending Board Approval)
· Community Announcements
· AGC-TV News Watch
· Non-Profit Community Programming
· City Council Meeting
· City Committee Meetings
· AGC-TV News Watch
· Keep Augusta Beautiful (Green Initiative)
· Community Announcements
· Recreation, Parks and Facilities Programming
· Non-Profit Community Programming
· Job Opportunities
· Upcoming Sporting Events
· Upcoming Cultural Events
· State Program Information
(All programs will require approval from the appropriate Elected Official or Department
Head)
Attachment number 4 \nPage 1 of 1
Item # 16
Commission Meeting Agenda
11/19/2013 2:00 PM
2013 - Sheriff HEAT Vehicles
Department:Finance-fleet Management
Caption: Motion to approve the acquisition of three (3) Road Patrol
Traffic vehicles for the Sheriff’s Office through the State funded
H.E.A.T. program from Akins Ford Corporation of
Winder,Georgia, for $29,314.00 each (lowest bid offer for bid 13-
120). (Approved by Finance Committee November 12, 2013).
Background:The Sheriff’s Office requests the purchase of three Road Patrol-
Traffic vehicles to be utilized in accordance with the Georgia
State funded HEAT program set up by the Governor’s Office of
Highway Safety. The Sheriff’s Office will be reimbursed up to
$33,500.00 for each vehicle purchased (maximum of three) by the
Governor’s Office. The State is funding this program to assist
Sheriff’s road personnel throughout the state in making an
aggressive effort to stop hazardous driving on Georgia’s public
highways and also to educate the general public on safe driving
practices. This program was also available and used in 2006.
Analysis:Fleet Management submitted a request for bids through the
Procurement Department utilizing the Demand Star electronic bid
system which offers nationwide bid coverage. The Procurement
Department received quotes back from four (4) vendors. A review
of bids received shows the following results: Akins Ford
Corporation $29,314.00 Each LOWEST BIDDER Butler Dodge
$29,426.00 Each Thomson Chrysler $29,905.00 Each Carl
Gregory Dodge Bid Incomplete
Financial Impact:The traffic units will be purchased for $29,314.00 each, totaling
$87,942.00 utilizing the Sheriff’s HEAT grant account.
Alternatives:1. Approve the acquisition of three (3) Traffic vehicles to the
lowest bidder, Akins Ford Corporation of Winder, Georgia. 2. Do
not approve the request
Recommendation:Approve the acquisition of three (3) Road Patrol Traffic vehicles
for the Sheriff’s Office through the state funded H.E.A.T. program
Cover Memo
Item # 17
from Akins Ford Corporation of Winder, Georgia, for $29,314.00
each (lowest bid offer for bid 13-120).
Funds are Available
in the Following
Accounts:
220-03-9225-54.22110
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 17
Attachment number 1 \nPage 1 of 2
Item # 17
Attachment number 1 \nPage 2 of 2
Item # 17
Invitation to Bid
Sealed bids will be received at this office on Friday March 1, 2013 @ 11:00 a.m. for furnishing:
Bid Item 13-120 Dodge Charger Police Automobile for Fleet Management
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department
ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530
Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business
hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing
by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the
Procurement Department by Wednesday, February 27 2013 @ 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 an eligible bidder must submit a completed and signed written application
to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible
local project. An eligible bidder who fails to submit an application for approval as a local bidder at
least thirty (30) days prior to the date bids are received on an eligible local project, and who
otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid
preference on such eligible local project.
No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening.
Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and
shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual
terms and conditions, applicable to the procurement. All specific requirements contained in the
invitation to bid including, but not limited to, the number of copies needed, the timing of the
submission, the required financial data, and any other requirements designated by the Procurement
Department are considered material conditions of the bid which are not waiveable or modifiable by
the Procurement Director. All requests to waive or modify any such material condition shall be submitted
through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for
approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope.
Bidders are cautioned that acquisition of BID documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources places
the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
GERI A. SAMS, Procurement Director
Augusta Chronicle February 7, 14, 21, 26, 2013
Metro Courier February 13, 2013
cc: Tameka Allen Deputy Administrator
Richard Roundtree Sheriff Office
Patrick Clayton Sheriff Office
Robert Partain Sheriff Office
Ron Crowden Fleet Management
Russell Sanders Fleet Management
Revised: 8/15/2011
Attachment number 2 \nPage 1 of 1
Item # 17
Vendors
THOMSON CHRYSLER
DODGE JEEP
2158 WASHINGTON ROAD
THOMSON, GA 30824
AKINS FORD CORP
220 WESY MAY STREET
WINDER, GA 30680
BUTLER CHRYSLER
DODGE JEEP
1555 SALEM ROAD
BEAUFORT, SC 29902
CARL GREGORY DODGE
2201 VICTORY DRIVE
COLUMBUS, GA 31901
Attachment B Yes Yes Yes Yes
E-Verify Number 369935 388164 575215 511388
SAVE Form Yes Yes Yes Yes
5.01 - Adminis
Package $24,963.00 $24,400.00 $24,525.00 $24,294.00
5.03 - Marshal
Package $27,922.00 $27,427.00 $27,484.00 $27,146.00
5.04 - Patrol
Package $29,405.00 $28,860.00 $29,007.00 $28,826.00
5.05 Traffic
Package $29,725.00 $29,134.00 $29,243.00 $29,146.00
6.01 - HEMI 5.7
Liter Engine $995.00 $435.00 $2,025.00 no prices
6.02 - Rear
Mounted Backup
Sensor System
$300.00 $400.00 $279.00 no prices
6.03 - Rear View
Backup Camera
System
N/A $600.00 n/a no prices
6.04 - Special
Exterior Paint
Colors Each
$500.00 $445.00 $487.00 no prices
6.05 - Police
Charger "Conven
Group"
$480.00 $480.00 $449.00 no prices
6.06 - Police
Charger "Connec
Group"
$495.00 $495.00 $469.00 no prices
5.00 Vehicle/Options Required
$25,924.00$25,997.00
6.00 Optional Items
Bid Item #13-120
Dodge Charger Police Automobile
for Augusta, Georgia - Fleet Management Department
5.02 - Civil
Package $26,057.00$26,497.00
Bid Opening Date: Friday, March 1, 2013 @ 11:00 a.m.
Page 1 of 3
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7.01 - Whelen
SX8BBBB LED
Light Bar
$1,650.00 $1,650.00 $1,695.00 $1,690.00
7.02 - Jotto Desk
425-6175 console $465.00 $465.00 $475.00 $495.00
7.03 - Jotto Desk
425-6260 armrest $55.00 $55.00 $55.00 $59.00
7.04 - Jotto Desk
425-3704 cup
holder
$45.00 $45.00 $50.00 $48.00
7.05 - Havis
Shields PKG-PSM-
144 Lapstd
$293.00 $293.00 $297.00 $298.00
7.06 - Sho-Me
05.6000 six
control switch
$115.00 $115.00 $118.00 $122.00
7.07 - Outlet
Receptacle $20.00 $20.00 $22.00 $20.00
7.08 - 2 each
Talon rocker
switches
$10.00 $10.00 $13.00 $12.00
7.09 - Jumper
cable connection $175.00 $175.00 $179.00 $555.00
7.10 - Corner
Lighting $535.00 $535.00 $545.00 $290.00
7.11 - Whelen
SLPMMBB
Blue/Blue fl light
$285.00 $285.00 $289.00 $237.00
7.12 - Whelen
SLPMMBA dual
LED flasher light
$285.00 $285.00 $289.00 $252.00
7.13 - Whelen
Alpha 12R siren
controller
$232.50 $233.00 $239.50 $238.00
7.00 Outfitter's Specialty Items
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7.14 - Whelen
SA315P In-Grille
Speaker/Siren
$247.50 $248.00 $253.50 $249.00
7.15 - Setina #10S-
C security
partition
$570.00 $570.00 $579.00 $590.00
7.16 - Full lower
extension plate
w/toe kick
$100.00 $100.00 $105.00 $100.00
7.17 - Rear Door
Panels-Pro Guard
DP56C11
$145.00 $145.00 $149.00 $154.00
7.18 - Rear side
Windows barriers $220.00 $220.00 $229.00 $228.00
7.19 - Rear seat-
Pro Guard
F56C06
$445.00 $445.00 $449.00 $455.00
7.20 - Floor Pan-
Pro Guard
F56C06
$180.00 $180.00 $183.00 $190.00
7.21 - Shotgun
mount and lock
ELS210
$300.00 $300.00 $310.00 $320.00
7.22 - Shotgun
Mount-GEE MFG
FT - 2 Lid
$86.00 $86.00 $89.00 $88.00
7.23 - Push
Bumper-Go
Rhino 5076
$300.00 $300.00 $310.00 $310.00
7.24 - Headlight
guard-Go Rhino
5076WHD
$365.00 $365.00 $375.00 $370.00
7.25 - #35 window
tint film
application
$130.00 $130.00 $135.00 $140.00
7.26 - Fire
Extinguisher $46.00 $46.00 $52.00 $49.00
Approximate
Delivery Schedule 8 - 10 weeks 90 - 120 days 90 - 120 days ARO 60 - 90 days ARO
Page 3 of 3
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Attachment number 4 \nPage 1 of 1
Item # 17
Attachment number 5 \nPage 1 of 3
Item # 17
Attachment number 5 \nPage 2 of 3
Item # 17
Attachment number 5 \nPage 3 of 3
Item # 17
Commission Meeting Agenda
11/19/2013 2:00 PM
Constance M. Kimble
Department:Clerk of Commission
Caption:Motion to deny a request from Ms. Constance M. Kimble for help
in paying her property taxes or an extension of time to pay.
(Approved by Finance Committee November 12, 2013)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 18
Attachment number 1 \nPage 1 of 1
Item # 18
Commission Meeting Agenda
11/19/2013 2:00 PM
Small tractor purchase
Department:Environmental Services
Caption:Motion to approve the purchase of 3 small tractors for the
Environmental Services Department (ESD). Bid Item 13-164
(Approved by Finance Committee November 12, 2013).
Background:The ESD became responsible for vacant lot cutting/cleaning in
May of 2011. Since that time, the department has continuously
looked for ways to increase the production and efficiently of this
program. Under our management of the program, there has been
an increase of over 300% in the number of lots cut/cleaned by the
department. This was done through new technology, training,
effective routing, and leadership.
Analysis:At this point the vacant lots on record, in need of cutting/cleaning,
exceed the resources of the department. Our staff and inmates
currently use walk behind mowers for lot cutting and large skid
steer mowers for major jobs. The department believes that it could
increase its productivity by having an asset between the size of the
small walk behind mowers and the larger assets. The production
increase is estimated to come from several key factors. The first is
travel time. By having assets which can easily be driven down the
road versus hauled on a trailer, there is potential to dramatically
increase our production. Second, it is our intention to partner a
tractor with an inmate or county crew to maximize efficiency. The
tractor does the major work while the crew performs the mop up
of the lots allowing each asset to be used to its full potential. The
tractors will be deployed with bucket loaders which will allow for
modest material movement. This could include placing bulk waste
to the curb for collection which also frees up inmate crews to
perform additional tasks. It would be the intent of the ESD to use
two tractors continuously and have the third tractor to allow for
maintenance, and spraying of lots.
Financial Impact:The cost of each tractor is $31,693 which includes the mower and
the bucket loader. The total cost for all three tractors is $95,079.
Funding for this expense would come from 542-04-4110/5421110. Cover Memo
Item # 19
Alternatives:Keep the vacant lot program the same and we will continue to
cut/clean as many lots as possible with the resources available.
Recommendation:Approve the purchase of 3 small tractors for the Environmental
Services Department (ESD).
Funds are Available
in the Following
Accounts:
542-04-4110/5421110.
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 19
Invitation to Bid
Sealed bids will be received at this office on Friday, July 19, 2013 @ 11:00 a.m. for furnishing:
Bid Item 13-163 Mechanical Street Sweeper for Environmental Services Department
Bid Item 13-164 Compact Utility Tractor with Front End Loader & Mower for Environmental
Services Department
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department
ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530
Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business
hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing
by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the
Procurement Department by Monday, July 8, 2013 @ 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 an eligible bidder must submit a completed and signed written application
to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible
local project. An eligible bidder who fails to submit an application for approval as a local bidder at
least thirty (30) days prior to the date bids are received on an eligible local project, and who
otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid
preference on such eligible local project.
No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening.
Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and
shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual
terms and conditions, applicable to the procurement. All specific requirements contained in the
invitation to bid including, but not limited to, the number of copies needed, the timing of the
submission, the required financial data, and any other requirements designated by the Procurement
Department are considered material conditions of the bid which are not waiveable or modifiable by
the Procurement Director. All requests to waive or modify any such material condition shall be submitted
through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for
approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope.
Bidders are cautioned that acquisition of BID documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources places
the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
GERI A. SAMS, Procurement Director
Augusta Chronicle June 13, 20, 27, July 4, 2013
Metro Courier June 19, 2013
Revised: 3/7/2013
Attachment number 1 \nPage 1 of 1
Item # 19
Attachment number 2 \nPage 1 of 2
Item # 19
Attachment number 2 \nPage 2 of 2
Item # 19
UNOFFICIAL
VENDORS
Augusta Turf & Tractor
2804 Wylds Road
Augusta, GA 30909
J & B Tractor
3585 Mike Padgett
Highway
Augusta, GA 30906
Attachment B Yes Yes
E-Verify # 267745 515905
SAVE Form Yes Yes
Year Non-compliant 2013
Brand Kubota
Model L3560 HST
Bid Price $31,193.00
Cost to upgrade to
Model 3940 Tr $7,000.00 $2,300.00
Cost to switch to
R4 type tires $410.00 $500.00
Delivery Date 30-45 days 30-60 days
Bid Opening
Bid Item #13-164
Compact Utility Tractor with Front End Loader & Mower
for Augusta, Georgia - Environmental Services Department
Bid Due: Friday, July 19, 2013 @ 11:00 a.m.
Kubota L3540HST (4WD) Compact Utility Tractor or Approved Equivalent
Alternate Pricing
Attachments/Implements
The following company submitted a statement of "No Bid":
ASC Construction Euip. / 2303 Edmund Highway / Cayce, SC 28269
The following companies did not respond:
Flint Equipment / 1900 William Few Parkway / Grovetown, GA 30813
Yancy Brothers / 4165 Mike Padgett Highway / Augusta, GA 30906
Page 1 of 1
Attachment number 3 \nPage 1 of 1
Item # 19
Attachment number 4 \nPage 1 of 1
Item # 19
Commission Meeting Agenda
11/19/2013 2:00 PM
Approve RFQ #13-194, Task Order Program (2013)
Department:Utilities
Caption:Motion to approve RFQ #13-194: Task Order Program for
Infrastructure for the City of Augusta - Utilities Department in the
amount of $4,000,000.00 for execution by Contract Management,
Inc.; Blair Construction, Inc., Eagle Utility Contracting, Inc; and
Quality Storm Water Solutions as qualified and selected
contractors. (Approved by Engineering Services Committee
November 12, 2013)
Background:The Task Order Program will allow responsive and qualified
contractors to provide installation, maintenance, and/or repairs to
the water and sewer infrastructure. 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/Repair Task(s), Pre-Planned Task(s), and Emergency
Work. This Task Order Program will allow Augusta Utilities
Department to manage and maintain both the potable water and
sanitary sewer services to the thousands of commercial, industrial,
and residential users of Augusta-Richmond County.
Analysis:AUD has evaluated Contract Management, Inc.; Blair
Construction, Inc., Eagle Utility Contracting, Inc; and Quality
Storm Water Solutions proposal(s) to participate in the Task Order
Program and has considered the proposal(s) fair and reasonable to
accomplish the task.
Financial Impact:The construction funds available for this project are
$4,000,000.00. These funds are available from account
507043490-5425410 / 88886666-5425410
Alternatives:Rejection of this RFQ Contractor Selection would delay the
Utilities Department ability to execute planned and emergency
repairs of the water/sewer infrastructure system throughout
Augusta/Richmond.
Recommendation:Recommend Commission approve RFQ #13-194: Task Order
Cover Memo
Item # 20
Program for Infrastructure for the City of Augusta - Utilities
Department in the amount of $4,000.00.00.
Funds are Available
in the Following
Accounts:
$4,000,000.00 from account 507043490-5425410 / 88886666-
5425410
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 20
Attachment number 1 \nPage 1 of 1
Item # 20
REQUEST FOR QUALIFICATION
Request for Qualifications will be received at this office until Thursday, September 26, 2013 @ 3:00 p.m. for
furnishing:
RFQ Item #13-194 Task Order Program (2013) for Utilities Department
Qualifications 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
Request for Qualification (RFQ) documents may be viewed on the Augusta Georgia 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 Tuesday, September 10, 2013 @ 10:00 a.m. in the
Procurement Department, 530 Greene Street, Room 605. All questions must be submitted in writing by
fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement
Department by Thursday, September 12, 2013 @ 5:00 P.M. No Proposal will be accepted by fax, all must
be received by mail or hand delivered.
No qualifications may be withdrawn for a period of 90 days after time has been called on the date of opening.
Request for qualifications (RFQ) and specifications. An RFQ shall be issued by the Procurement Office and
shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual
terms and conditions, applicable to the procurement. All specific requirements contained in the 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 RFQ which are not waiveable or modifiable by the Procurement Director. All requests to
waive or modify any such material condition shall be submitted through the Procurement Director to the
appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission.
Please mark RFQ number on the outside of the envelope.
Proponents are cautioned that acquisition 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 Proponent at the risk of receiving incomplete or inaccurate information upon which to base its qualifications.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle August 15, 22, 29, September 5, 2013
Metro Courier August 21, 2013
Revised: 6/27/2013
Attachment number 2 \nPage 1 of 1
Item # 20
VENDORS Attachment B E-Verify #SAVE Form Original 7 Copies
Blair Construction
P. O. Box 770
Evans, GA 30809
Yes 224004 Yes Yes Yes
Jeffrey Harris
Construction
1736 Barton Chapel Rd
Augusta, GA 30909
Yes 262252 Yes Yes Yes
Quality Storm Solutions
P. O. Box 1847
Evans, GA 30809
Yes 233338 Yes Yes Yes
L & J
603 Pine Log Rd
Beech Island, SC 29842
Contract Management
1827 Killingsworth Rd
Augusta, GA 30904
Yes 225306 Yes Yes Yes
Sitec LLC
217 Fairfield St., NE
Aiken, SC 29801
Yes 212379 Yes Yes Yes
Eagle Utility Contracting
1350 Branch Road
Bishop, GA 30621
Yes 206663 Yes Yes Yes
RFQ Opening
RFQ Item #13-194
Task Order Program (2013)
for Augusta, Georgia - Utilities Department
RFQ Due: Thursday, September 26, 2013 @ 3:00 p.m.
Page 1 of 1
Attachment number 3 \nPage 1 of 1
Item # 20
Evaluation Criteria
PTS
Blair Construction
P. O. Box 770
Evans, GA 30809
Contract Management
1827 Killingsworth Rd
Augusta, GA 30904
Eagle Utility
Contracting
1350 Branch Road
Bishop, GA 30621
Jeffrey Harris
Construction
1736 Barton Chapel Rd
Augusta, GA 30909
Quality Storm Solutions
P. O. Box 1847
Evans, GA 30809
Sitec LLC
217 Fairfield St., NE
Aiken, SC 29801
1. Firms experience in utility
construction 25 23.3 20.0 23.3 11.7 21.7 10.0
2. Firms experience with AUD projects,
infrastructure and specifications 25 23.3 20.0 21.7 15.0 21.7 10.0
3. Capacity/Ability to respond 20 18.3 15.0 18.3 10.0 15.0 10.0
4. Ability to meet liability insurance &
specified bonding requirements 25 25.0 25.0 25.0 18.3 25.0 23.3
5. References including specific
individuals, address, phone number and
e-mail address
5 5.0 5.0 5.0 5.0 5.0 5.0
Total 100 95 85 93 60 88 58
Detail Cumulative Evaluation Sheet
RFQ 13-194 Task Order Program (2013)
for Augusta, Georgia - Utilities Department
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Commission Meeting Agenda
11/19/2013 2:00 PM
Cambridge Subdivision to Windsor Spring Road Sanitary Sewer Extension
Department:Augusta Utilities Department
Caption:Motion to approve and accept the Cambridge Subdivision to
Windsor Spring Road Sanitary Sewer Extension. (Approved by
Engineering Services Committee November 12, 2013)
Background:Tobacco Augusta Development, L.L.C. constructed a sanitary
sewer extension, from Cambridge Subdivision to Windsor Spring
Road, in order to serve a new Walgreen's and other properties.
They now wish to dedicate this sanitary sewer extension to
Augusta.
Analysis:The sanitary sewer extension was built to AUD standards and has
passed all testing. The sewer will make it possible, for new
development to take place, in Tobacco Road/Windsor Spring
Road area.
Financial Impact:None
Alternatives:Deny the motion to approve and accept the Cambridge
Subdivision to Windsor Spring Road Sanitary Sewer Ext. and let
it remain private.
Recommendation:Approve the motion to approve and accept the Cambridge
Subdivision to Windsor Spring Road Sanitary Sewer Ext. and let
it remain private.
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Cover Memo
Item # 21
Procurement.
Law.
Administrator.
Clerk of Commission
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Commission Meeting Agenda
11/19/2013 2:00 PM
Georgia Power Company Governmental Encroachment Agreement #31484
Department:Augusta Utilities Department
Caption:Motion to approve Georgia Power Company Governmental
Encroachment Agreement #31484. (Approved by Engineering
Services Committee November 12, 2013)
Background:The Augusta Utilities is in the process of acquiring easements, for
Project 10153 - Gordon Highway 24" Water Main. In order to
proceed, AUD will need to cross easements belonging to the
Georgia Power Company, which will require entering into an
agreement.
Analysis:This agreement is the usual document used, for municipalities.
Financial Impact:None
Alternatives:Deny motion approve Georgia Power Company Governmental
Encroachment Agreement #31484 and reroute the water main.
Recommendation:Approve motion to approve Georgia Power Company
Governmental Encroachment Agreement #31484.
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 22
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Item # 22
Commission Meeting Agenda
11/19/2013 2:00 PM
Program Management Services for the Old Library
Department:Utilities
Caption:Motion to approve sending this item out for an RFP (proposal
from Heery International) to provide Program Managment
Services for the renovation of the old library. (Approved by
Engineering Services Committee November 12, 2013)
Background:We are proceeding with plans to move our administrative,
engineering, accounting and downtown customer service offices
to the old library on Greene Street. Augusta Utilities does not
have the resources or technical expertise to adequately manage the
necessary renovations. We would like to retain the services of a
firm with expertise in municipal building renovation.
Analysis:We feel that these services could be provided most efficiently by
Heery International as they could utilize existing resources already
in place for the Municipal Complex renovations.
Financial Impact:The attached proposal is based on a conservative estimate of 89
weeks project duration. My goal is to complete the project in less
time and at less cost. The attached proposal is a not-to-exceed
time basis of $385,911.
Alternatives:Other alternatives include internally managing the project and
going out with a separate solicitation. We believe both would
increase time and cost of the project.
Recommendation:We recommend that Heery International proposal be accepted at a
not-to-exceed cost of $385,911.
Funds are Available
in the Following
Accounts:
Funds are available in 507043490-5212115 / 81300020-5212115
REVIEWED AND APPROVED BY:
Cover Memo
Item # 23
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 23
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Item # 23
Commission Meeting Agenda
11/19/2013 2:00 PM
Resolution to rename a portion of Alexander Drive to Cabela Drive
Department:Planning and Development Department
Caption:Motion to approve a Resolution to rename the portion of
Alexander Drive north of Riverwatch Parkway (beginning at the
intersection of Riverwatch Parkway and Alexander Drive and
ending at Augusta Village at Riverwatch LLC) to Cabela Drive.
(Approved by Engineering Services Committee November 12,
2013)
Background:This request is being made on behalf of Mr. Alan Grayson,
MGHerring Group, and was received by IT-GIS to rename a
portion of Alexander Drive to Cabela Drive to honor the
commitment Cabela’s, known as the “World’s Foremost
Outfitters”, has made to the Augusta Community as the first store
in the state of Georgia.
Analysis:The property owners were notified by IT-GIS and the signed
petition was received with the required approval of the adjacent
owners. IT-GIS has reviewed the petition for renaming per the
criteria of the Augusta Richmond County Street Renaming Policy
and determined the request meets the criteria. Supporting
documents are attached.
Financial Impact:Cost of road signs.
Alternatives:Adopt the road name change or deny it.
Recommendation:Adopt the requested road name change of the portion of
Alexander Drive north of Riverwatch Parkway to Cabela Drive.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 24
Finance.
Law.
Administrator.
Clerk of Commission
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Item # 24
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Item # 24
Commission Meeting Agenda
11/19/2013 2:00 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the regular meeting of the
Commission held November 5, 2013 and Special Called Meeting
held November 12, 2013.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 25
Commission Meeting Agenda
11/19/2013 2:00 PM
FY 2014 Budget
Department:Administrator
Caption:Motion to approve Augusta-Richmond County proposed FY 2014
Budget.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 26
AUGUSTA, GEORGIA BUDGET
RESOLUTION FOR FISCAL YEAR 2014
A RESOLUTION ADOPTING A BUDGET FOR THE FISCAL YEAR 2014 FOR EACH FUND
OF AUGUSTA, GEORGIA APPROPRIATING THE AMOUNTS SHOWN IN EACH BUDGET AS
EXPENDITURES, AND ADOPTING THE ITEMS OF ANTICIPATED FUNDING SOURCES
FOR 2014.
WHEREAS, A proposed Budget for each of the various Funds of Augusta, Georgia has been
presented to the Augusta, Georgia Commission and,
WHEREAS, appropriate advertised public hearings have been held on the 2014 Proposed Budget as
required by State and Local Laws and Regulations; and,
WHEREAS, the Augusta, Georgia Commission has reviewed the Proposed Budget and has made certain
amendments to Funding Sources and Appropriations; and,
WHEREAS, the budget for each Fund includes Appropriations for Fiscal Year 2014 incorporates
certain levels, assessments, fees and charges to finance these expenditures and lists the
Anticipated Funding Sources; and,
WHEREAS, each of the Funds has a balanced budget, such that Anticipated Funding Sources
equal Proposed Expenditures;
NOW, THEREFORE, BE IT RESOLVED that this Budget is hereby adopted specifying the
Anticipated Funding Sources for each Fund and making Appropriations for Proposed
expenditures to the Departments or Organizational Units named in each Fund as is more
specifically shown and designated on Attachment "A" which is incorporated herein by reference
and made a part of this Resolution.
BE IT FURTHER RESOLVED that the Budget shall be amended so as to adapt to changing
governmental needs during the fiscal year as follows, such amendments shall be reorganized as
approved changes to this resolution in accordance with O.C.G.A. § 36-81-3(d):
(1) Nothing contained in this Code section shall preclude a local government from amending
its budget so as to adapt to changing governmental needs during the budget period.
Amendments shall be made as follows, unless otherwise provided by charter or local law:
(2) Any increase in Appropriations at the legal level of control of the local government,
whether accomplished through a change in anticipated revenues in any fund or through a
transfer of appropriations among departments, shall require the approval of the governing
authority. Such amendments shall be adopted by ordinance or resolution.
Adopted this day of , 2013.
Attachment number 1 \nPage 1 of 2
Item # 26
David S. Copenhaver
As its Mayor
Attest:
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1 \nPage 2 of 2
Item # 26
Commission Meeting Agenda
11/19/2013 2:00 PM
Affidavit
Department:Clerk of Commission
Caption:Motion to authorize execution by the Mayor of the affidavit of
compliance with Georgia's Open Meeting Act.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 27