HomeMy WebLinkAbout2017-06-29 Meeting AgendaCommission Meeting Agenda
Commission Chamber
6/29/2017
2:00 PM
INVOCATION:Dr. Michael Mitchell, Senior Pastor, Restoration Ministries International Christian Fellowship.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
Five (5) minute time limit per delegation
DELEGATIONS
A. Introduction: Dr. Jerry L. Hardee, President of Paine College.
(Requested by Commissioner Bill Fennoy)
Attachments
B. Ms. Shannon Rogers, Augusta Animal Services Citizens Advisory
Board regarding report from the Animal Services Board.
Attachments
C. Ms. Aliegha Brigham, Richmond County Tax Commissioner's Office
regarding their partnership with Fort Gordon.
Attachments
CONSENT AGENDA
(Items 1-5)
ADMINISTRATIVE SERVICES
1.Motion to approve revised Rocky Creek Enterprise Zone Ordinance.
(Approved by Commission June 20, 2017- second reading)
Attachments
ENGINEERING SERVICES
2.Motion to approve an Ordinance to amend the Augusta, Georgia Code,
Title 8, Chapter One, Flood Damage Prevention Ordinance, in its
entirety. (Approved by the Commission June 20, 2017 - second
Attachments
reading)
PETITIONS AND COMMUNICATIONS
3.Motion to approve the minutes of the regular and Executive Session
meetings of the Commission held June 20, 2017.
Attachments
APPOINTMENT(S)
4.Motion to approve the appointment of Ms. LaQuita W. Logan to the
Augusta Transit Citizens Advisory Board representing District 8.
Attachments
5.Motion to approve the appointment of Ms. Tamlar Walton to the
Augusta Transit Citizens Advisory Board representing District 5.
Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
6/29/2017
AUGUSTA COMMISSION
REGULAR AGENDA
6/29/2017
(Items 6-10)
PUBLIC SERVICES
6.Approve amendments to the Augusta, Georgia Code, Title 6, Chapter 6,
Article 3, Regulated Businesses, to add a new Section 6-6-48 to provide
regulations for Special Entertainment Permits, and to Title 2, Chapter 1,
Article 1, Business Tax Certificate, Section 2-1-3 Administrative and
Regulatory Fee Structure, to establish the Special Entertainment Permit
regulatory fee.
Attachments
ADMINISTRATIVE SERVICES
7.Discuss staff's misrepresentation of a request with willful inaction.
(Requested by Commissioner Marion Williams)
Attachments
Upcoming Meetings
www.augustaga.gov
8.Discuss/approve scheduling a joint meeting with the Augusta
Commission, Board of Education and Chamber of Commerce
Business Education Advisory Council to discuss how local government
can aid in improving education in our community. (Requested by
Commissioner Dennis Williams)
Attachments
ADMINISTRATOR
9.Motion to adopt an Authorizing Resolution in connection with the Cyber
initiative Redevelopment Plan to authorize Augusta to enter into an
Agreement of Sale with the Urban Redevelopment Agency of Augusta
and to execute such other ancillary documents necessary in support of
the issuance of bonds by the Urban Redevelopment Agency of Augusta
for the acquisition and construction the Cyber Initiative Parking Garage
as approved by the General Counsel.
Attachments
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
10.Motion to approve execution by the Mayor of the affidavit of
compliance with Georgia's Open Meeting Act.
Commission Meeting Agenda
6/29/2017 2:00 PM
Invocation
Department:
Department:
Caption:Dr. Michael Mitchell, Senior Pastor, Restoration Ministries
International Christian Fellowship.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
6/29/2017 2:00 PM
Paine College President
Department:
Department:
Caption: Introduction: Dr. Jerry L. Hardee, President of Paine College.
(Requested by Commissioner Bill Fennoy)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
6/29/2017 2:00 PM
Animal Services Citizens Advisory Board
Department:
Department:
Caption: Ms. Shannon Rogers, Augusta Animal Services
Citizens Advisory Board regarding report from the Animal
Services Board.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
AGENDA ITEM REQUEST FORM
commiesion meetings: First and third ruesdays of each montb - 2:00 p.m.
commiftee meetings: second and rast Tuesdays of each month - l;00 p.m.
commission/Committee: (Please check one and insert meeting date)
Commission Date of Meeting
Date of Meeting
Date of Meeting
Dite of Meeting
Date of Meeting
Date of Meeting
b/eq/solr
Public Safety Committee
Public Services Committee
Admini strative Services Committee
Engi neeri ng Services Commi ttee
Finance Committee
contact Information for lndividueuPreserter Making the Request:
N11e: shannonRogers/AugustaAniryalservicesAdvisorvBoard
Address: 4154
f.t"pt on
Fax Number 7O5 798 8978
E-Mail Address:
Caption/Topic of Discussion to be placed on the Agenda:
AnimalServices Advi
Please send this request form io the follou&g eddrrss:
Ms. Lena J. Bonner
Clerk of Commission
Suite 220 Il{unicipal Building
535 Telfsir Street
Augusla, GA 30901
Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk'sOflice no later than 5:00 p.m. on the Wednesday preceding the Commission meeting and5:00 p.m. on the Tuesday preceding the C.ommittee meeting of the following week. A five-minute time Umit will be allowed for presentatioDs,
plephofrc Number: 706-821-1820
fax Nu{ber: 70682I-t838
EMail Address: nmorawski@augustaga.gov
Commission Meeting Agenda
6/29/2017 2:00 PM
Aliegha Brigham
Department:
Department:
Caption: Ms. Aliegha Brigham, Richmond County Tax Commissioner's
Office regarding their partnership with Fort Gordon.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
6/29/2017 2:00 PM
Rocky Creek Enterprise Zone Ordinance.
Department:
Department:
Caption:Motion to approve revised Rocky Creek Enterprise Zone
Ordinance. (Approved by Commission June 20, 2017- second
reading)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
ORDINANCE NO. _________
AN ORDINANCE AMENDING THE AUGUSTA-RICHMOND COUNTY CODE
SO AS TO AMEND SECTION 2-4-21 BY EXTENDING THE BOUNDARIES
OF THE “ROCKY CREEK ENTERPRISE ZONE”; TO PROVIDE AN EFFECTIVE
DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES
BE IT ORDAINED BY THE AUGUSTA- RICHMONDY COUNTY COMMISSION,
and it is hereby ordained by authority of same as follows:
SECTION 1. The Augusta-Richmond County Code, Title 2, is hereby amended by
deleting in its entirety Section 2-4-21, and replacing it with a new Section 2-4-21 to read as
follows:
§ 2-4-21. DESIGNATION OF “ROCKY CREEK ENTERPRISE ZONE”.
The Augusta-Richmond County Commission hereby designates the area hereinafter
described as an Enterprise Zone to be known as the “Rocky Creek Enterprise Zone”, to wit:
BOUNDARY DESCRIPTION
Beginning at the point of the intersection of the centerline of Milledgeville Road/Martin Luther
King Jr. Boulevard and the centerline of Olive Road; thence in a southeasterly direction along
the centerline of Olive Road to its intersection with the centerline of Gordon Highway (US
U251781278); thence in a southwesterly direction along the centerline of Gordon Highway to a
point of intersection with Peach Orchard Road (US 25); thence continuing in a southwesterly
direction along the centerline of Peach Orchard Road (US 25) to a point of intersection with the
centerline of Tubman Home Road/Mike Padgett Highway (State Route 56); thence continuing in
a southeasterly director along the centerline of Mike Padgett Highway (State Route 56) to its
intersection with the centerline of Nixon Road; thence in an easterly direction along the
centerline of Nixon intersection with the right of way of the Norfolk Southern Railroad; thence
in a southwesterly direction along the northwest right of way of the Norfolk Southern Railroad
to its intersection with the centerline of Rocky Creek; thence in a westerly direction along the
centerline of Rocky Creek to its intersection with the centerline of Deans Bridge Road; thence in
a southwesterly direction along the centerline of Deans Bridge Road to the intersection with
the centerline of Richmond Hill Road; thence in a southwesterly direction along the centerline
Richmond Hill Road to its intersection with the centerline of the Bobby Jones Expressway (l-
520); thence in a westerly direction along the centerline of Bobby Jones Expressway to its
intersection with the centerline of Old McDuffie Road; thence in a northerly direction along the
centerline of Old McDuffie Road to its intersection with the centerline of Milledgeville Road;
thence in a northeasterly direction along the centerline of Milledgeville Road to its intersection
with the centerline of Wheeless Road; thence in a northeasterly direction along the centerline
of Wheeless Road to its intersection with the centerline of Gordon Hwy (US 78/2781; thence
continuing in a northeasterly direction along the centerline of Highland Ave to its intersection
with the centerline of CSX railroad; thence in an easterly direction along the centerline of CSX
railroad to its intersection with the centerline of Killingsworth Road; thence in an southwesterly
direction along the centerline of Killingsworth Road to its intersection with the centerline of
Milledgeville Road; thence in a southeasterly direction along the centerline of Milledgeville
Road Martin Luther King Jr. Blvd. to the point of beginning.
SECTION 2. This ordinance shall become effective immediately upon adoption
SECTION 3. All Ordinances or parts of ordinances in conflict herewith are herby
repealed.
Duly adopted this ________ day of ______________, 2017.
_________________________________
Mayor
ATTEST:
_______________________________
Clerk of Commission
1st Reading ______________________
2nd Reading______________________
Published in the Augusta Chronicle ___________________
Commission Meeting Agenda
6/29/2017 2:00 PM
Flood Damaage Prevention Ordinance
Department:
Department:
Caption:Motion to approve an Ordinance to amend the Augusta, Georgia
Code, Title 8, Chapter One, Flood Damage Prevention Ordinance,
in its entirety. (Approved by the Commission June 20, 2017 -
second reading)
Background:See attachment.
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
1
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 8,
CHAPTER ONE, FLOOD DAMAGE PREVENTION ORDINANCE, IN ITS
ENTIRETY.
WHEREAS, it is the desire of the Augusta, Georgia Commission to amend the Augusta,
Georgia Flood Damage Prevention Ordinance to bring the Ordinance in alignment with
the State of Georgia Model Flood Damage Prevention Ordinance and in order to continue
to remain in compliance with the minimum standards of the National Flood Insurance
Program (NFIP), and
WHEREAS, based on the foregoing, the Augusta, Georgia Commission recommends
amending Title 8, Chapter One, of the Augusta, Georgia Code - The Augusta, Georgia
Flood Damage Prevention Ordinance in its entirety.
THE AUGUSTA, GEORGIA BOARD OF COMMISSIONERS ordains as follows:
SECTION 1. Augusta Georgia Code, Title 8, Chapter One, as set forth in the Augusta,
Georgia Code is hereby amended by striking Title 8, Chapter One in its entirety and
inserting in lieu thereof the following language:
2
TITLE EIGHT
PLANNING & ZONING
CHAPTER 1
FLOOD DAMAGE PREVENTION
ARTICLE 1
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES
§ 8-1-1. STATUTORY AUTHORIZATION.
Article IX, Section II of the Constitution of the State of Georgia and Section 36-1-20(a) of the
Official Code of Georgia Annotated have delegated the responsibility to local governmental units
to adopt regulations designed to promote the public health, safety, and general welfare of its
citizenry. Therefore, the Augusta Commission of Augusta, Georgia does ordain the provisions of
this Chapter:
§ 8-1-2. FINDINGS OF FACT.
(a) The flood hazard areas of Augusta, Georgia are subject to periodic inundation which
results in loss of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood relief and protection,
and impairment of the tax base, all of which adversely affect the public health, safety and
general welfare.
(b) These flood losses are caused by the occupancy in flood hazard areas of uses vulnerable
to floods, which are inadequately elevated, flood-proofed, or otherwise unprotected from
flood damages, and by the cumulative effect of obstructions in floodplains causing
increases in flood heights and velocities.
§ 8-1-3. STATEMENT OF PURPOSE.
It is the purpose of this Chapter to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific areas by provisions designed
to:
(a) restrict or prohibit uses which are dangerous to health, safety and property due to water or
erosion hazards, or which increase flood heights, velocities, or erosion;
(b) require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
3
(c) control the alteration of natural floodplains, stream channels, and natural protective
barriers which are involved in the accommodation of flood waters;
(d) control filling, grading, dredging and other development which may increase flood
damage or erosion, and;
(e) prevent or regulate the construction of flood barriers which will unnaturally divert flood
waters or which may increase flood hazards to other lands.
§ 8-1-4. OBJECTIVES.
The objectives of this Chapter are:
(a) to protect human life and health;
(b) to minimize expenditure of public money for costly flood control projects;
(c) to minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(d) to minimize prolonged business interruptions;
(e) to minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in floodplains;
(f) to help maintain a stable tax base by providing for the sound use and development of
flood prone areas in such a manner as to minimize flood blight areas; and
(g) to insure that potential home buyers are notified that property is in a flood area.
§ 8-1-5. - - 8-1-9. RESERVED.
ARTICLE 2
DEFINITIONS
§ 8-1-10. SPECIFIC DEFINITIONS.
Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as
to give them the meaning they have in common usage and to give this Chapter its most reasonable
application:
(a) Addition (to an existing building). Any walled and roofed expansion to the perimeter
of a building in which the addition is connected by a common load-bearing wall other
than a fire wall. Any walled and roofed addition which is connected by a fire wall or is
separated by an independent perimeter load-bearing wall shall be considered "New
Construction".
(b) Appeal. A request for a review of the Director's interpretation of any provision of this
Chapter or a request for a variance.
4
(c) Area of shallow flooding. A designated AO or AH Zone on a community's Flood
Insurance Rate Map (FIRM) with base flood depths from one (1) to three (3) feet, and/or
where a clearly defined channel does not exist, where the path of flooding is
unpredictable and indeterminate, and where velocity flow may be evident.
(d) Area of Special Flood Hazard. The land in the floodplain within a community subject
to a one (1) percent or greater chance of flooding in any given year. In the absence of
official designation by the Federal Emergency Management Agency, Areas of Special
Flood Hazard shall be those designated by the local community and referenced in Article
3, Section 8-1-17.
(e) Base flood. The flood having a one (1) percent chance of being equaled or exceeded in
any given year.
(f) Base Flood Elevation (BFE). The elevation shown on the Flood Insurance Rate Map
(FIRM) for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO,
V1-V30, and VE that indicates the water surface elevation resulting from a flood that has
a one percent change of equaling or exceeding that level in any given year.
(g) Basement. That portion of a building having its floor subgrade (below ground level) on
all sides.
(h) Building. Any structure built for support, shelter, or enclosure for any occupancy or
storage.
(i) City Engineer. The City Engineer for Augusta, GA.
(j) Commission. The Augusta Commission
(k) Critical Facilities. Any public or private facility, which, if flooded, would create an
added dimension to the disaster or would increase the hazard to life and health. Critical
facilities include:
(1) structures or facilities that produce, use, or store highly volatile, flammable,
explosive, toxic, or water-reactive materials;
(2) hospitals and nursing homes, and housing for the elderly, which are likely to
contain occupants who may not be sufficiently mobile to avoid the loss of life or
injury during flood and storm events;
(3) emergency operation centers or data storage center which contain records or
services that may become lost or inoperative during flood and storm events; and
(4) generating plants, and other principal points of utility lines.
(l) Development. Any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavating, drilling operations, and storage of materials or equipment.
(m) Director. The Director of the Augusta Planning & Development Department.
(n) Elevated building. A non-basement building built to have the lowest floor of the lowest
enclosed area elevated above the ground level by means of fill, solid foundation perimeter
5
walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the
structural integrity of the building during a base flood event.
(o) Existing Construction. Any structure for which the "start of construction" commenced
before February 15, 1978 for the City of Augusta prior to consolidation and March 4,
1980 for the unincorporated areas of Richmond County prior to consolidation - the
effective date of the FIRST Floodplain Management Ordinance adopted by Augusta, GA
as a basis for Augusta's participation in the National Flood Insurance Program (NFIP).
(p) Existing manufactured home park or subdivision. A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum the installation of utilities,
the construction of streets, and final site grading or the pouring of concrete pads) is
completed before February 15, 1978 for the City of Augusta prior to consolidation and
March 4, 1980 for the unincorporated areas of Richmond County prior to consolidation -
the effective date of the FIRST Floodplain Management Ordinance adopted by Augusta
as a basis for Augusta's participation in the National Flood Insurance Program (NFIP).
(q) Expansion to an existing manufactured home park or subdivision. The preparation of
additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed, including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads.
(r) Flood or flooding. A general and temporary condition of partial or complete inundation
of normally dry land areas from:
(1) the overflow of inland or tidal waters; or
(2) the unusual and rapid accumulation or runoff of surface waters from any source.
(s) Flood Hazard Boundary Map (FHBM). An official map of a community, issued by
the Federal Insurance Administration, where the boundaries of areas of Special Flood
Hazard have been defined as Zone A.
(t) Flood Insurance Rate Map (FIRM). An official map of a community, issued by the
Federal Insurance Administration, delineating the areas of Special Flood Hazard and/or
risk premium zones applicable to the community.
(u) Flood Insurance Study. The official report by the Federal Insurance Administration
evaluating flood hazards and containing flood profiles and water surface elevations of the
base flood.
(v) Floodplain. Any land area susceptible to flooding.
(w) Floodproofing. Any combination of structural and non-structural additions, changes, or
adjustments to structures, which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, structures and their contents.
(x) Floodway. The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than a designated height.
6
(y) Floodway fringe, lower. The portion of the area of Special Flood Hazard that is located
between the limit of the floodway and a line connecting all points half the distance
between the floodway and the limit of the area of Special Flood Hazard.
(z) Floodway fringe, upper. The portion of the area of Special Flood Hazard that is located
between the lower floodway fringe and the boundary of the area of Special Flood Hazard.
(aa) Floor. The top surface of an enclosed area in a building (including basement), i.e. top of
slab in concrete slab construction or top of wood flooring in wood frame construction.
The term does not include the floor of a garage used solely for parking vehicles.
(bb) Functionally dependent facility. A facility which cannot be used for its intended
purpose unless it is located or carried out in close proximity to water, such as a docking or
port facility necessary for the loading and unloading of cargo or passengers, shipbuilding,
ship repair, or seafood processing facilities. The term does not include long-term storage,
manufacturing, sales or service facilities.
(cc) Highest adjacent grade. The highest natural elevation of the ground surface, prior to
construction, adjacent to the proposed foundation of a building.
(dd) Historic Structure. Any structure that is:
(1) listed individually in the National Register of Historic Places (a listing
maintained by the U.S. Department of Interior) or preliminarily determined by
the Secretary of the Interior as meeting the requirements for individual listing on
the National Register;
(2) certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district;
(3) individually listed on a state inventory of historic places and determined as
eligible by states with historic preservation programs which have been approved
by the Secretary of the Interior; or
(4) individually listed on a local inventory of historic places and determined as
eligible by communities with historic preservation programs that have been
certified either:
a) By an approved state program as determined by the Secretary of the
Interior; or
b) directly by the Secretary of the Interior in states without approved
programs.
(ee) Lowest floor. The lowest floor of the lowest enclosed area, including basement. An
unfinished or flood resistant enclosure, used solely for parking of vehicles, building
access, or storage, in an area other than a basement, is not considered a building's lowest
floor, provided that such enclosure is not built so as to render the structure in violation of
other provisions of this Code.
(ff) Manufactured home. A building, transportable in one or more sections, built on a
permanent chassis and designed to be used with or without a permanent foundation when
connected to the required utilities. The term also includes park trailers, travel trailers, and
7
similar transportable structures placed on a site for one hundred and eighty (180)
consecutive days or longer and intended to be improved property.
(gg) Mean Sea Level. The average height of the sea for all stages of the tide. It is used as a
reference for establishing various elevations within the floodplain. For purposes of this
Chapter, the term is synonymous with National Geodetic Vertical Datum (NGVD).
(hh) National Geodetic Vertical Datum (NGVD). As corrected in 1929, is a vertical control
used as a reference for establishing varying elevations within the floodplain.
(ii) New construction. (for purposes of determining insurance rates and for floodplain
management purposes) ANY structure (see definition) for which the "start of
construction" commenced after February 15, 1978 for the City of Augusta prior to
consolidation and March 4, 1980 for the unincorporated areas of Richmond County prior
to consolidation - the effective date of the FIRST Floodplain Management Ordinance
adopted by Augusta, GA as a basis for Augusta's participation in the National Flood
Insurance Program (NFIP) - and includes any subsequent improvements to such
structure.
(jj) New manufactured home park or subdivision. A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of concrete
pads) is completed on or after February 15, 1978 for the City of Augusta prior to
consolidation and March 4, 1980 for the unincorporated areas of Richmond County prior
to consolidation - the effective date of the FIRST Floodplain Management Ordinance
adopted by Augusta, GA as a basis for Augusta's participation in the National Flood
Insurance Program (NFIP).
(kk) Recreational vehicle means a vehicle which is:
(1) built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projection;
(3) designed to be self-propelled or permanently towable by a light duty truck; and
(4) designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
(ll) Start of construction. The date the Development Permit was issued, provided the actual
start of construction, repair, reconstruction, or improvement was within one hundred and
eighty (180) days of the permit date. The actual start means the first placement of
permanent construction of the structure such as the pouring of slabs or footings,
installation of piles, construction of columns, or any work beyond the stage of excavation,
and includes the placement of a manufactured home on a foundation. (Permanent
construction does not include initial land preparation, such as clearing, grading and
filling; nor does it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers or foundations or the erection of temporary
forms; nor does it include the installation on the property of buildings appurtenant to the
permitted structure, such as garages or sheds not occupied as dwelling units or part of the
main structure. (NOTE: Accessory structures are NOT exempt from any ordinance
requirements) For a substantial improvement, the actual start of construction means the
8
first alteration of any wall, ceiling, floor, or other structural part of a building, whether or
not that alteration affects the external dimensions of the building.
(mm) Structure. A walled and roofed building that is principally above ground, a
manufactured home, a gas or liquid storage tank.
(nn) Substantial damage. Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed fifty (50)
percent of the market value of the structure before the damage occurred.
(oo) Substantial improvement. Any combination of repairs, reconstruction, alteration, or
improvements to a building, taking place during a five (5) year period, in which the
cumulative cost equals or exceeds fifty percent of the market value of the structure prior
to the improvement. The market value of the building should be:
(1) the appraised value of the structure prior to the start of the initial repair or
improvement; or
(2) in the case of damage, the value of the structure prior to the damage occurring. This
term includes structures which have incurred "substantial damage", regardless of the
actual amount of repair work performed.
For the purposes of this definition, "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external dimensions of the building.
The term does not, however, include those improvements of a building required to
comply with existing health, sanitary, or safety code specifications which are solely
necessary to assure safe living conditions, which have been pre-identified by the Code
Enforcement Official, and not solely triggered by an improvement or repair project.
(pp) Substantially improved existing manufactured home parks or subdivisions. Where
the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads
equals or exceeds fifty (50) percent of the value of the streets, utilities and pads before the
repair, reconstruction or improvement commenced.
(qq) Variance. A grant of relief from the requirements of this Chapter which permits
construction in a manner otherwise prohibited by this Chapter.
(rr) Violation. The failure of a structure or other development to be fully compliant with the
community’s floodplain management regulations. A structure or other development
without the elevation certificate, or other certifications, or other evidence of compliance
required by this ordinance is presumed to be in violation until such time as that
documentation is provided.
§ 8-1-11. - - 8-1-15. RESERVED.
ARTICLE 3
GENERAL PROVISIONS
9
§ 8-1-16. LANDS TO WHICH THIS CHAPTER APPLIES.
This Chapter shall apply to all areas of Special Flood Hazard within the jurisdiction of Augusta,
Georgia.
§ 8-1-17. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
The areas of Special Flood Hazard, identified by the Federal Emergency Management Agency in
its Flood Insurance Study (FIS), dated February 15, 1978 for the City of Augusta prior to
consolidation and March 4, 1980 for the unincorporated areas of Richmond County prior to
consolidation, with accompanying maps and other supporting data and any revision thereto, are
adopted by reference and declared a part of this Chapter.
Areas of Special Flood Hazard may also include those areas known to have flooded historically or
defined through standard engineering analysis by governmental agencies or private parties but not
yet incorporated in a FIS.
The Repository for public inspection of the Flood Insurance Study (FIS), accompanying maps and
other supporting data is located at 535 Telfair Street, Suite 300, Augusta, GA.
§ 8-1-18. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required, in conformance with the provisions of this Chapter,
PRIOR to the commencement of any development activities.
§ 8-1-19. COMPLIANCE.
No structure or land shall hereafter be located, extended, converted or altered without full
compliance with the terms of this Chapter and other applicable regulations.
§ 8-1-20. ABROGATION AND GREATER RESTRICTIONS.
This Chapter is not intended to repeal, abrogate, or impair any existing ordinance, easements,
covenants, or deed restrictions. However, where this Chapter and another conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
§ 8-1-21. INTERPRETATION.
In the interpretation and application of this Chapter all provisions shall be:
(a) considered as minimum requirements;
(b) liberally construed in favor of the Governing Body, and;
(c) deemed neither to limit nor repeal any other powers granted under state statutes.
§ 8-1-22. WARNING AND DISCLAIMER OF LIABILITY.
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The degree of flood protection required by this Chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur; flood heights may be increased by man-made or natural causes. This Chapter does not
imply that land outside the areas of Special Flood Hazard or uses permitted within such areas will
be free from flooding or flood damages. This Chapter shall not create liability on the part of
Augusta, GA, the Commission, and/or the Augusta Planning & Development Department or by any
officer or employee thereof for any flood damages that result from reliance on this Chapter or any
administrative decision lawfully made thereunder.
§ 8-1-23. ENFORCEMENT AND PENALTIES FOR VIOLATION
Violation of the provisions of this Chapter or failure to comply with any of its requirements,
including violation of conditions and safeguards established in connection with grants of variance
or special exceptions shall be reported to the City Engineer. Once a violation is evident, the City
Engineer, acting on behalf of the Commission, shall be empowered to notify the owner in writing
of the apparent violation of this Chapter. The written notice shall direct the owner to cease the
development activity until such time as the requirements and procedures of this Chapter have been
met. Upon failure of the owner to comply with this notice, the City Engineer shall notify the City
Attorney of the violation; and the City Attorney shall immediately begin legal procedures in the
Superior Court of Richmond County to prevent, enjoin, abate or remove such violations in addition
to injunctive relief. All persons, firms or corporations failing to comply with the mandatory
provisions hereof or doing any act prohibited hereby shall be guilty of an offense and, upon
conviction thereof, be fined not more than one thousand dollars ($1,000.00) or imprisoned for not
more than sixty (60) days, or both, and, in addition, shall pay all costs and expenses involved in the
case. Each day such violation continues shall be considered a separate offense. Nothing contained
herein shall prevent the Commission from taking such other lawful action as is necessary to
prevent or remedy any violation.
§ 8-1-24 - - 8-1-28. RESERVED.
ARTICLE 4
ADMINISTRATION
§ 8-1-29. DESIGNATION OF DIRECTOR.
The Director of the Augusta Planning & Development Department is hereby appointed to
administer and implement the provisions of this Chapter.
§ 8-1-30. PERMIT PROCEDURES.
Application for a Development Permit shall be made to the Director on forms furnished by the
community PRIOR to any development activities, and may include, but not be limited to the
following: plans in duplicate drawn to scale showing the elevations of the area in question and the
nature, location, dimensions, of existing or proposed structures, earthen fill placement, storage of
materials or equipment, and drainage facilities.
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Specifically, the following information is required:
(a) Application Stage -
(1) Elevation in relation to mean sea level (or highest adjacent grade) of the lowest
floor, including basement, of all proposed structures;
(2) Elevation in relation to mean sea level to which any non-residential structure will
be flood-proofed;
(3) Design certification from a registered professional engineer or architect that any
proposed non-residential flood-proofed structure will meet the flood-proofing
criteria of Article 5, Section 8-1-44(b);
(4) Description of the extent to which any watercourse will be altered or relocated as
a result of a proposed development, and;
(b) Construction Stage -
For all new construction and substantial improvements, the permit holder shall provide to
the Administrator an as-built certification of the regulatory floor elevation or flood-
proofing level immediately after the lowest floor or flood-proofing is completed. Any
lowest floor certification made relative to mean sea level shall be prepared by or under
the direct supervision of a registered land surveyor or professional engineer and certified
by same. When flood-proofing is utilized for non-residential structures, said certification
shall be prepared by or under the direct supervision of a professional engineer or architect
and certified by same.
Any work undertaken prior to submission of these certifications shall be at the permit
holder's risk.
The Director shall review the above referenced certification data submitted. Deficiencies
detected by such review shall be corrected by the permit holder immediately and prior to
further progressive work being allowed to proceed. Failure to submit certification or
failure to make said corrections required hereby, shall be cause to issue a Stop-Work
Order for the project.
§ 8-1-31. DUTIES AND RESPONSIBILITIES OF THE DIRECTOR
Duties of the Director shall include, but shall not be limited to:
(a) Review all Development Permits to assure that the permit requirements of this Chapter
have been satisfied;
(b) Review proposed development to assure that all necessary permits have been received
from governmental agencies from which approval is required by Federal or State law,
including Section 404 of the Federal Water Pollution Control Act Amendments of 1972,
33 U.S.C. 1334. Require that copies of such permits be provided and maintained on file.
(c) Review all permit applications to determine whether proposed building sites will be
reasonably safe from flooding.
(d) When Base Flood Elevation data or floodway data have not been provided in accordance
with Article 3, Section 8-1-17, then the Director shall obtain, review and reasonably
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utilize any base flood elevation and floodway data available from a Federal, State or other
sources in order to administer the provisions of Article 5.
(e) Review and record the actual elevation in relation to mean sea level (or highest adjacent
grade) of the lowest floor, including basement, of all new or substantially improved
structures in accordance with Article 4, Section 8-1-30(b).
(f) Review and record the actual elevation, in relation to mean sea level to which any new or
substantially improved structures have been flood-proofed, in accordance with Article 4,
Section 8-1-30(b).
(g) When flood-proofing is utilized for a structure, the Director shall obtain certification of
design criteria from a registered professional engineer or architect in accordance with
Article 4, Section 8-1-30(a)(3) and Article 5, Section 8-1-44(b) or Article 5, Section 8-1-
48(b).
(h) Make substantial damage determinations following a flood event or any other event that
causes damage to structures in flood hazard areas.
(i) Notify adjacent communities and the Georgia Department of Natural Resources prior to
any alteration or relocation of a watercourse and submit evidence of such notification to
the Federal Emergency Management Agency (FEMA).
(j) For any altered or relocated watercourse, submit engineering data/analysis within six (6)
months to the FEMA to ensure accuracy of community flood maps through the Letter of
Map Revision process. Assure flood carrying capacity of any altered or relocated
watercourse is maintained.
(k) Where interpretation is needed as to the exact location of boundaries of the Areas of
Special Flood Hazard (for example, where there appears to be a conflict between a
mapped boundary and actual field conditions) the Director shall make the necessary
interpretation. Any person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in this Chapter.
(l) All records pertaining to the provisions of this Chapter shall be maintained in the office of
the Director and shall be open for public inspection.
§ 8-1-32. VARIANCE PROCEDURES
(a) The Zoning Board of Appeals as established by the Commission shall hear and decide
requests for appeals or variance from the requirements of this Chapter.
(b) The Zoning Board of Appeals shall hear and decide appeals when it is alleged an error in
any requirement, decision, or determination is made by the Director in the enforcement or
administration of this Chapter.
(c) Any person aggrieved by the decision of the Zoning Board of Appeals may appeal such
decision to the Superior Court of Richmond County, Georgia, as provided in O.C.G.A.
Sec. 5-4-1; however all appeals shall be on record and shall not be de novo.
(d) Variances may be issued for the repair or rehabilitation of Historic Structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a Historic Structure and the variance is the minimum to preserve
the historic character and design of the structure.
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(e) In reviewing such requests, the Zoning Board of Appeals shall consider all technical
evaluations, relevant factors, and all standards specified in this and other sections of this
Chapter, and:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the
community;
(5) The necessity to the facility of a waterfront location, in the case of a functionally
dependent facility;
(6) The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
(7) The compatibility of the proposed use with existing and anticipated
development;
(8) The relationship of the proposed use to the Comprehensive Plan and Floodplain
Management Program for that area;
(9) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(10) The expected heights, velocity, duration, rate of rise and sediment transport of
floodwaters and the effects of wave action, if applicable, expected at the site; and
(11) The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical, and water systems, and streets and bridges.
(f) Upon consideration of the factors listed above and the purposes of this Chapter, the
Zoning Board of Appeals may attach such conditions to the granting of variances as it
deems necessary to further the purposes of this Chapter.
(g) Variances shall not be issued within any designated floodway, or lower floodway fringe,
if ANY increase in flood levels during the base flood discharge would result.
(h) Conditions for Variances:
(1) The provisions of this Chapter are minimum standards for flood loss reduction,
therefore any deviation from the standards must be weighed carefully. Variances
shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief; and, in the instance of
an Historic Structure, a determination that the variance is the minimum necessary
so as not to destroy the historic character and design of the building.
(2) A variance shall be issued ONLY when there is:
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(a) a finding of good and sufficient cause,
(b) a determination that failure to grant the variance would result in
exceptional hardship, and;
(c) a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisance, cause fraud on or
victimization of the public, or conflict with existing local laws or
ordinances.
(3) Any applicant to whom a variance is granted shall be given written notice
specifying the difference between the base flood elevation and the elevation of
the proposed lowest floor and stating that the cost of flood insurance will be
commensurate with the increased risk to life and property resulting from the
reduced lowest floor elevation.
(i) The Director shall maintain the records of all appeal actions and report any variances to
the Federal Emergency Management Agency upon request.
(j) Variances may be issued for development necessary for the conduct of a functionally
dependent use, provided the criteria of this Article are met, no reasonable alternative
exists, and the development is protected by methods that minimize flood damage during
the base flood and create no additional threats to public safety.
§ 8-1-33 - - 8-1-42. RESERVED.
ARTICLE 5
PROVISIONS FOR FLOOD HAZARD REDUCTION
§ 8-1-43. GENERAL STANDARDS
In ALL Areas of Special Flood Hazard the following provisions are required:
(a) New construction and substantial improvements of existing structures shall be anchored to
prevent flotation, collapse or lateral movement of the structure;
(b) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral
movement. Methods of anchoring may include, but are not limited to, use of over-the-top
or frame ties to ground anchors. This standard shall be in addition to and consistent with
applicable State requirements for resisting wind forces;
(c) New construction and substantial improvements of existing structures shall be constructed
with materials and utility equipment resistant to flood damage;
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(d) New construction or substantial improvements of existing structures shall be constructed
by methods and practices that minimize flood damage;
(e) All heating and air conditioning equipment and components, all electrical, ventilation,
plumbing, and other service facilities shall be designed and/or located so as to prevent
water from entering or accumulating within the components during conditions of
flooding;
(f) New and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system;
(g) Replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood
waters;
(h) New on-site waste disposal systems shall be located within the Special Flood Hazard Area
per the provisions of the Georgia Onsite Wastewater Regulations;
(i) Any alteration, repair, reconstruction or improvement to a structure which is not
compliant with the provisions of this Chapter, shall be undertaken only if the non-
conformity is not furthered, extended or replaced; and
(j) Elevated Buildings - All new construction or substantial improvements of existing
structures that include ANY fully enclosed area located below the lowest floor formed by
foundation and other exterior walls shall be designed so as to be an unfinished or a flood
resistant enclosure. The enclosure shall be designed to equalize hydrostatic flood forces
on exterior walls by allowing for the automatic entry and exit of floodwater.
(1) A minimum of two (2) openings that are installed no more than twelve (12)
inches above the higher of the final interior or exterior grade, and that are
installed in at least two different sides (preferably the sides in the direction of the
flow of floodwater) of each enclosed area, must be provided, where the
openings:
(a) Have a total open net area of not less than one square inch for every square
foot of enclosed area Openings may be equipped with screens, louvers,
valves or other coverings or devices provided they are disabled in the open
position and also permit the automatic flow of floodwater in both
directions.; or
(b) Are individually certified by a design professional licensed to do design
work in the State of Georgia stating that the openings are designed to
automatically equalize hydrostatic flood loads on exterior walls by allowing
the automatic entry and exit of floodwaters in accordance with the American
Society of Civil Engineers – Flood Resistant Design and Construction
(ASCE 24) and that an appropriate number of vents are provided. A copy
of the Engineer’s Certification (signed and sealed) along with the applicable
section from the Flood Ordinance (this section) allowing for the use of these
engineered openings must be attached to the Elevation Certificate; or
(c) Are ICC-ES accepted engineered flood vents, and the appropriate number of
such vents are provided and installed in accordance with the manufacturer’s
specifications. A copy of the ICC-ES Evaluation Report along with the
applicable section from the Flood Ordinance (this section) allowing for the
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use of these engineered flood vents must be attached to the Elevation
Certificate.
(2) So as not to violate the "Lowest Floor" criteria of this Chapter, the unfinished or
flood resistant enclosure shall only be used for parking of vehicles, limited
storage of maintenance equipment used in connection with the premises, or entry
to the elevated area; and
(3) The interior portion of such enclosed area shall not be partitioned or finished
into separate rooms.
(4) An attached garage may have its flood below the BFE provided the garage meets
all of the requirements for an enclosed area below the BFE, including, but not
limited to, the installation of openings that meet Section 8-1-43-(j)-(1) above.
Opens may be installed in garage doors; however, garage doors do not meet the
requirement for openings. The use of the garage space must be limited to parking
of vehicles, building access and storage. Section 8-1-43-(j)-(3), above, must be
strictly adhered to. Flood damage-resistant materials must be used below the
BFE and all utilities must be elevated to be three (3) feet above the BFE.
(5) Crawlspaces that are below-grade on all sides (basements) are not allowed.
(6) Detached garages and detached storage building are allowed, without the
requirement to elevate to three (3) feet above the BFE in AE zones, or three (3)
feet above the highest adjacent grade in A zones, if they comply with all of the
requirements for enclosures:
(a) must be used for parking of vehicles and storage only;
(b) must be constructed of flood damage-resistant materials below the area
that is three (3)feet above the BFE;
(c) all utilities must be elevated to be three (3) feet above the BFE;
(d) the requirements for flood openings that meet Section 8-1-43-(j)-(1)
above must be satisfied;
(e) must be anchored to resist floatation, collapse or lateral movement
under flood conditions.
§ 8-1-44. SPECIFIC STANDARDS
In ALL areas of Special Flood Hazard the following provisions are required:
(a) New construction and substantial improvements. Where base flood elevation data are
available, new construction or substantial improvement of any structure or manufactured
home shall have the lowest floor, including basement, elevated no lower than three (3)
feet above the base flood elevation. Should solid foundation perimeter walls be used to
elevate a structure, openings sufficient to facilitate the unimpeded movements of flood
waters shall be provided in accordance with standards of Article 5, Section 8-1-43(j),
"Elevated Buildings".
(1) All heating and air conditioning equipment and components (including
ductwork), all electrical, ventilation, plumbing, and other service facilities shall
be elevated at or above three (3) feet above the base flood elevation.
(b) Non-Residential Construction. New construction or the substantial improvement of any
structure located in A1-30, AE, or AH zones, may be flood-proofed in lieu of elevation.
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The structure, together with attendant utility and sanitary facilities, must be designed to be
water tight to three (3) feet above the base flood elevation, with walls substantially
impermeable to the passage of water, and structural components having the capability of
resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered
professional engineer or architect shall certify that the design and methods of construction
are in accordance with accepted standards of practice for meeting the provisions above,
and shall provide such certification to the official as set forth above and in Article 4,
Section 8-1-31(g).
(c) Standards for Manufactured Homes and Recreational Vehicles. Where base flood
elevation data are available:
(1) All manufactured homes placed or substantially improved on: (1) individual lots
or parcels, (2) in new or substantially improved manufactured home parks or
subdivisions, (3) in expansions to existing manufactured home parks or
subdivisions, or (4) on a site in an existing manufactured home park or
subdivision where a manufactured home has incurred "substantial damage" as
the result of a flood, must have the lowest floor including basement, elevated no
lower than three (3) feet above the base flood elevation.
(2) Manufactured homes placed or substantially improved in an existing
manufactured home park or subdivision may be elevated so that either:
(a) The lowest floor of the manufactured home is elevated no lower than
three (3) feet above the level of the base flood elevation, or
(b) The manufactured home chassis is elevated and supported by reinforced
piers (or other foundation elements of at least an equivalent strength) of
no less than 36 inches in height above grade.
(3) All manufactured homes must be securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement. (ref. Article
5, Section 8-1-43(b) ).
(4) All recreational vehicles placed on sites must either:
(a) Be on the site for fewer than 180 consecutive days.
(b) Be fully licensed and ready for highway use, (a recreational vehicle is
ready for highway use if it is licensed, on its wheels or jacking system,
attached to the site only by quick disconnect type utilities and security
devices, and has no permanently attached structures or additions), or
(c) The recreational vehicle must meet all the requirements for "New
Construction", including the anchoring and elevation requirements of
Article 5, Section 8-1-44(c)(1) and (3).
(d) Floodway. Located within areas of Special Flood Hazard established in Article 3,
Section 8-1-17, are areas designated as floodway. A floodway may be an extremely
hazardous area due to velocity flood waters, debris or erosion potential. In addition, the
area must remain free of encroachment in order to allow for the discharge of the base
flood without increased flood heights. Therefore, the following provisions shall apply:
(1) Encroachments are prohibited, including earthen fill, new construction, substantial
improvements or other development within the regulatory floodway. Development
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may be permitted however, provided it is demonstrated through hydrologic and
hydraulic analyses performed in accordance with standard engineering practice that
the encroachment shall not result in any increase in flood levels or floodway widths
during a base flood discharge. A registered professional engineer must provide
supporting technical data and certification thereof.
(2) ONLY if Article 5, Section 8-1-44(d)(1) above is satisfied, then any new construction
or substantial improvement shall comply with all other applicable flood hazard
reduction provisions of Article 5.
(3) The placement of manufactured homes, except in an existing manufactured home
park or subdivision, shall be prohibited. A replacement manufactured home may be
placed on a lot in an existing manufactured home park or subdivision provided the
anchoring standards of § 8-1-43 (b) are met, and the elevation standards of § 8-1-44
(a) and the encroachments standards of subsection (1) of this Section are met.
(4) Removal of trees and other vegetation may not be a consideration in calculating the
effect of proposed encroachments on flood levels during the occurrence of the base
flood discharge.
(e) Floodway fringe, lower. Within the lower floodway fringe is the area between the
floodway and the upper floodway fringe that is lower than a lines one-half (1/2) the
distance between the floodway and the boundary of the area of Special Flood Hazard.
The lower floodway fringe is a transitional area that is hazardous due to its proximity to
the floodway and encroachment by fill or development within this area could have serious
impact on the entire floodplain. The following provisions shall apply with the lower
floodway fringe:
(1) Encroachments, including fill, new construction, substantial improvements and
other developments shall be prohibited unless certification by a registered
professional engineer, with supporting technical data, is provided to the Director
demonstrating that encroachments shall not result in any increase in flood levels
during occurrence of base flood discharge;
(2) If Article 5, Section 8-1-44(d)(1) is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard
reduction provisions of Article 5.
(3) The placements of manufactured homes, except in an existing manufactured
home park or subdivision, shall be prohibited. A replacement manufactured
home may be placed on a lot in an existing manufactured home park or
subdivision provided the anchoring standards of Article 5, Section 8-1-43(b),
and the elevation standards of Article 5, Section 8-1-44(a), and the
encroachment standards of Article 5, Section 8-1-44(d)(1) are met.
(4) Removal of trees and other vegetation may not be a consideration in calculating
the effect of proposed encroachments on flood levels during the occurrence of
the base flood discharge.
(k) Large Tracts. If a tract contains over one (1) acre located within the area of Special Flood
Hazard, then development or land disturbance on that portion of the tract located within
the Special Flood Hazard area shall comply with the standards for lower floodway fringe
set forth in § 8-1-44 (e).
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(l) Other area unsuitable for development. Land subject to flooding that is not located within
a mapped area of Special Flood Hazard may, at the discretion of the Director or City
Engineer, be required to comply with any or all standards set forth in this Chapter.
(m) Grading in the area of the Special Flood Hazard. Grading (including excavating, filling,
or any culmination thereof) shall be prohibited in the area of the Special Flood Hazard
except for the following:
(1) Minimum land disturbing activities such as home gardens and individual home
landscaping, repairs, maintenance work and other related activities;
(2) Agricultural practices involving the establishment, cultivation or harvesting or
products of the field or orchard, preparing and planting of pasture land, forestry
land management practices including harvesting (where stumps are not
removed), farm ponds, dairy operations, livestock and poultry management
practices and the construction of farm buildings.
(3) Projects permitted by or carried out under the technical supervision of the U.S.
Department of Agriculture, U.S. Army Corps of Engineers, or any other agency
of the U.S. Government;
(4) Cemetery graves;
(5) Excavation for wells or tunnels or utilities;
(6) Approved mining, quarrying, stockpiling of rock, sand, gravel aggergrates or
clay where established and provided for by law;
(7) Exploratory excavations under the direction of soils engineers or engineering
geologists;
(8) Where consistent with other provisions of this Chapter, minimum grading for
land development or construction which does not result in topographic changes
greater than two (2) feet at any location and which is not for the sole purpose of
elevating structures pursuant to Article 5, Section 8-1-44(a) and Article 5,
Section 8-1-44(b) of this Chapter. In no case, shall fill be transported into the
area of Special Flood Hazard.
(a) Detention ponds and retention ponds are exempt from the provisions 8-
1-44-(m)-(8), provided it is demonstrated through hydrologic and
hydraulic analyses performed in accordance with standard engineering
practice that the encroachment by the detention pond or retention pond
shall not result in any increase in flood levels or floodway widths
during a base flood discharge. A registered professional engineer must
provide supporting technical data and certification thereof.
(1) Under no circumstances shall a detention pond or a retention
pond be located in the area of Special Flood Hazard.
(9) Construction activities at existing Industrial Sites which were developed before
the effective date of the FIRST Floodplain Management Ordinance adopted by
Augusta, GA as a basis for Augusta's participation in the National Flood
Insurance Program (NFIP), such as dikes, ditches and ponds.
20
(n) As-built Drawings and Certification. Within the area of the Special Flood Hazard, as-
built drawings and certifications shall be provided by a registered professional engineer
and/or a registered land surveyor pursuant to 8-1-30(b) and 8-1-44(b) of this Ordinance
and also when required by the Site Plan Regulations or the Subdivision Regulations. As-
built drawings and certifications may be required in other situations at the discretion of
the Director.
§ 8-1-45. BUILDING STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE
FLOOD ELEVATIONS AND/OR FLOODWAYS (A-ZONES).
Located within the Areas of Special Flood Hazard established in Article 3, Section 8-1-17, where
streams exist but no base flood data have been provided (A-Zones), OR where base flood data
have been provided but a Floodway has not been delineated, the following provisions apply:
(a) No encroachments, including structures or fill material, shall be located within an area
equal to five (5) times the width of the stream or twenty (20) feet, whichever is greater,
measured from the top of the stream bank, unless certification by a registered professional
engineer is provided demonstrating that such encroachment shall not result in any
increase in flood levels during the occurrence of the base flood discharge.
(b) In Special Flood Hazard Areas without base flood elevation data, new construction and
substantial improvements of existing structures shall have the lowest floor of the lowest
enclosed area (including basement) elevated no less than three (3) feet above the highest
adjacent grade at the building site. Openings sufficient to facilitate the unimpeded
movements of flood waters shall be provided in accordance with standards of Article 5,
Section 8-1-43(j), "Elevated Buildings".
(1) All heating and air conditionaing equipment and components (including
ductwork), all electrical, ventilation, plumbing, and other service facilities shall
be elevated no less than three (3) feet above the highest adjacent grade at the
building site.
The Director shall certify the lowest floor elevation level and the record shall become a
permanent part of the permit file.
(c) When base flood elevation data or floodway data have not been provided in accordance
with Article 3, Section 8-1-17, then the Director shall obtain, review, and reasonably
utilize any scientific or historic base flood elevation and floodway data available from a
Federal, State, or other source, in order to administer the provisions of Article 5. ONLY
if data are not available from these sources, then the provisions of (a) and (b) of this
Section shall apply.
§ 8-1-46. STANDARDS FOR SUBDIVISIONS.
(a) All subdivision and/or development proposals shall be consistent with the need to
minimize flood damage;
(b) All subdivision and/or development proposals shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and constructed to minimize flood
damage;
(c) All subdivision and/or development proposals shall have adequate drainage provided to
reduce exposure to flood hazards, and;
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(d) For subdivisions and/or developments greater than fifty lots or five acres, whichever is
less, base flood elevation data shall be provided for subdivision proposals and all other
proposed development, including manufactured home parks and subdivisions. Any
changes or revisions to the flood data adopted herein and shown on the FIRM shall be
submitted to FEMA for review as a Conditional Letter of Map Revision (CLMOR) or
Conditional Letter of Map Amendment (CLOMA), whichever is applicable. Upon
completion of the project, the developer is responsible for submitting the “as-built” data
to FEMA in order to obtain the final Letter of Map Revision (LOMR).
§ 8-1-47. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES).
Areas of Special Flood Hazard established in Article 3, Section 8-1-17, may include designated
"AO" shallow flooding areas. These areas have base flood depths of one to three feet (1'-3') above
ground, with no clearly defined channel. The following provisions apply:
(a) All new construction and substantial improvements of residential and non-residential
structures shall have the lowest floor, including basement, elevated to the flood depth
number specified on the Flood Insurance Rate Map (FIRM), above the highest adjacent
grade. If no flood depth number is specified, the lowest floor, including basement, shall
be elevated at least three feet (3) above the highest adjacent grade. Openings sufficient to
facilitate the unimpeded movements of flood waters shall be provided in accordance with
standards of Article 5, Section 8-1-43(j), "Elevated Buildings".
The Director shall certify the lowest floor elevation level and the record shall become a
permanent part of the permit file.
(b) New construction or the substantial improvement of a non-residential structure:
(1) Shall have the lowest floor, including basement, elevated to the flood depth
number specified on the Flood Insurance Rate Map (FIRM), above the highest
adjacent grade. If no flood depth number is specified, the lowest floor, including
basement, shall be elevated at least three feet (3) above the highest adjacent
grade.
(2) May be flood-proofed in lieu of elevation. The structure, together with attendant
utility and sanitary facilities, must be designed to be water tight to the specified
FIRM flood level plus one (1) foot, above highest adjacent grade, with walls
substantially impermeable to the passage of water, and structural components
having the capability of resisting hydrostatic and hydrodynamic loads and the
effect of buoyancy. A registered professional engineer or architect shall certify
that the design and methods of construction are in accordance with accepted
standards of practice for meeting the provisions above, and shall provide such
certification to the official as set forth above and as required in Articles 4,
Section 8-1-30(a)(3) and Article 4, Section 8-1-30(b).
(c) Drainage paths shall be provided to guide floodwater around and away from any proposed
structure.
§ 8-1-48 STANDARDS FOR AREAS OF SPECIAL FLOOD HAZARD (ZONES AE) WITH
ESTABLISHED BASE FLOOD ELEVATIONS WITHOUT DESIGNATED
FLOODWAYS
22
Located within the Areas of Special Flood Hazard established in Article 3, Section 8-1-17, where
streams with base flood elevations are provided but no floodways have been designated, (Zone
AE) the following provisions apply:
(a) No encroachments, including fill material, new structures or substantial improvements
shall be located within Special Flood Hazard Areas, unless certification by a registered
professional engineer is provided demonstrating that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood more than
one foot at any point within the community. The engineering certification should be
supported by technical data that conforms to standard hydraulic engineering principles.
(b) New construction or substantial improvements of buildings shall be elevated or flood-
proofed to elevations established in accordance with Article 5, Section 8-1-44.
§ 8-1-49 STANDARDS FOR CRITICAL FACILITIES
(a) Critical facilities shall not be located in the 100 year floodplain or the 500 year
floodplain.
(b) All ingress and egress from any critical facility must be protected to the 500 year flood
elevation.
§ 8-1-50. RESERVED.
§ 8-1-51. SEVERABILITY
If any Section, clause, sentence, or phrase of this Chapter is held to be invalid or unconstitutional
by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining
portions of this Chapter.
SECTION 2. This ordinance shall become effective upon its adoption in accordance
with applicable laws.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Adopted this _____ day of , 2017.
___________________________
Mayor
23
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta, Georgia Commission
on_________________, 2017 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
Commission Meeting Agenda
6/29/2017 2:00 PM
Minutes
Department:
Department:
Caption:Motion to approve the minutes of the regular and Executive
Session meetings of the Commission held June 20, 2017.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda Commission Chambe r - 6t20DAfi
ATTENDANCE:
Present: Hons. Hardie Davis, Jr., Mayor; Jefferson, Guilfoyle, Sias,
Frantom, M. Williams, Fennoy, D. Williams, Hasan and Smith, members
of Augusta Richmond County Commission.
Absent: Hon. Davis, member of Augusta Richmond county commission.
INVOCATION: Rev. Roger A. Schwartz, Pastor. Our Redeemer Lutheran Church.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE TINITED STATES OF AMER]CA.
Five ($ minute time limit per delegation
DELEGATIONS
A. Mr. AI Gray -"No Account, but Headed to Judgement Anyway."
B ltemAnorovalsheet.hrml
Motions
MotionType Motion Text
Presentation is made by Mr.
Gray.
B. Ms. Denise Traina, Chairman Augusta
regarding report from ATCAB.
Made Seconded MotionBy By Result
Transit Citizens Advisory Board
Item
Action:
None
Item
Action:
None
E ltemApprovalshert.html
Motions
Motion
Type Made
By
Seconded MotionBy Result
Motion Text
Presentation is made by Ms.
Traina.
CONSENT AGENDA
(Items l-23)
PLANNING
l. Z-17-16 - A request for conculrence with the Augusta Planning Commission to Itemapprove with the following conditions a petition 6y D R Horton Inc. requesting Action:
a Spe_cial Exception to establish an Amenity Area for Sims Landing Subdivisioi Approvedper Section 26-1(i) of the Comprehensive Zoning Ordinance for Augusta
Georgia affecting property containing approxim ately .98 acres. This prof,erry
consists of three tax parcels addressed as 336 and 340 Stablebridge Drive and
802 sims Drive. Tax Map 080-0-161-00-0, 0g0-160-00-0 and otb-o-t59-00-0DISTRICT 3 l) The site plan for the Amenity Center shall be amended to
show a road connection to Hay Meadows Drive. 2) In an effort to support the
4+TS _- Complete Streets document the Developer is encouraged to provide
sidewalks in the development. 3) The cemetery ihall be noted as a reitricted
area and shall remain undisturbed and undeveloped. 4) Where the cemetery
abuts lots 60 and 71 a natural buffer and/or fence shall be installed. 5) Th;
project site plan must comply with any other ordinances and regulations in effect
at the time of construction.
tE z-l?-16 horron.odf
lB ltemAoorovalsheet.html
Motions
Motion Motion Textrype Made By Seconded By Motion
Result
Motion to approve.
A __-^_-- Mr. M. Williams CommisionerADDTOVCr r abstains. Sean Frantom
Motion Passes 8-0 -1.
2. Z-17-18 - A request for concurence with the Augusta Planning Commission to Item
approve with the following conditions a petition by Wesley Fludd requesting a Action:change of zoning from Zone R-3C (Multiple-famity Residential) rltn approvedconditions to Zone R-3B (Multiple-family Residential) affecting property
containing approximately .70 acres and is known as 2506 Pineview Orive. TaiMap 096-4-041-00-0 - DrsrRrcr 6 - (one reading required) l. Walkways
are required for secondary ingress/egress doors on the cottages. 2. A 15 ft. side
setback shall be-provided along the property line adjacent to 3l l0 Deans BridgeRoad (TPN 096'2-18I-00-0) 3. A grassed active outdoor space for tenants use
Commissioner
Grady smith Passes
shall be provided in the center of the developm ent. 4. A location for individualtrash cans should be provided near the front of the property along pineview Dr.for pickup days. 5. The site/development plan must be consistent with the
concept plan dated 3-20-2017 for six detached one-bedroom residential units butshall include all conditions stated here. 6. The project site/development plan
must comply with any other ordinances and regulations in effect at the tirne ofconstruction; which includes but is not limited to Stormwater Management.
Motion to approve.
A __-^_-^ Mr. M. Williams Commisioner CommissionerADDrove . +^i-- ;:^_';_^_:.'^l_ :"":"':"':"'"^ passesabstains. Sean Frantom Grady Smith
Motion Passes 8-0 -1.
3. ZA-R-248 ' A request for conculrence with the Augusta Georgia Planning ItemCommission to approve a request to amend the -ompreheniive Zonin! Action:
Ordinance for Augusta Georgia by adding Noise (Ordinance) to Section 2 - Approved
Definitions, Section 4 - off-street Parking and Loading, Section 2l - B-1(Neighborhood Business), Section 22 B-2 (General Business). FIRST
READING (First and Second reading required)
tE z-17-18 fludd.ndf
lB ItemAnorovalsheet.hfml
Motions
Sotion Motion Textr ype
IE za*r-248 rer,.odf
B ItemAoorovalsheet.htnrt
Motions
Motion Motion TextI vDe
Made By
Made By Seconded By
Seconded By Motion
Result
Motion to approve and to
waive the second
Approve [:iff;.}y,. rtr. wiliuln, $",f,ffS;:ff:, S;#?l'ffifi
Motion Passes 8-0 -1.
PUBLIC SERVICES
4. Motion to approve the lease agreement with Aeronautical Radio, Inc.as approved by the Augusta Aviation commission at their May
meeting. (Approved by Public services committee June l3,z0l7)
Motion
Result
Passes
(ARINC) Item
25, 2017 Action:
Approved
\
Motion to approve.
A __-^_-^ Mr. M. Williams Commisioner CommissionerApprove abstains. sean Frantom Grady smith Passes
Motion Passes 8-0 -1.
Motion to approve New ownership Application: A.N. 17-20: request by
Christopher S. Toy for an on premise consumption Liquor, Beer & Wine
License to be used in connection with The Finiih Line eafe located at 3960
Wrightsboro Rd. There will be Sunday Sales. District 3. Super District 10.
(Approved by Public Services Committee June l3rZ0l7)
IE1 arinc 20l7.odf
E llemApprovalsheet.htnrl
Motions
Motion Motion Textrype Seconded By Motion
ResultMade By
Made By Seconded By
IE ItemAoorovalsheet.html
Motions
Motion Mofion Textrype
lE The Finish Line (lafe-ndf
Motion
Result
Motion to approve.
A ___^--^ Mr. M. Williams Commisioner CommissionerApprove , . .-^ - ;--..;, _'-.' -' :"^';";"':.:^-^ Passes-rr- - - abstains. Sean Frantom Grady Smith
Motion Passes 8-0 -1.
M^9ti91 t_o approve re_cognizing Convention and Visitors Bureau (CVB) as theofficial film liaison for the City of Augusta. (Approved by Public Services
Committee June 13, 2017)
IB S. Frantom C\/B Film Liaison.ndf
Item
Action:
Approved
Item
Action:
Approved
6.
IE ltemAonrovalsheet.html
Motions
Motion Motion Textr ype
Motion
Result
Motion to approve.
Made By Seconded By
Mr. Williams out.
Voting No:
Approve Commissioner Commissioner Commisioner
g., Hurunl""' Sammie Sias Sean Frantom Passes
Motion Passes 7-1.
Motions
$otion Motion TextI VDE
Substitute motion to refer
this item back to
committee to allow the
Mayor to have discussion
with Mr. White and Mr.
Owens. IvIr. M. Williams
out.
Voting No: CommisionerDefer Sean Frantom,
Commissioner Wayne
Guilfoyle, Commissioner
Andrew Jefferson,
Commissioner
Sammie Sias,
Commissioner
Grady Smith.
Motion Fails 3-5.
Made By seconded By f*lir'
Commissioner
William
Fennoy
Commissioner
Ben Hasan I'alls
7. Motion to approve the waiver of the noise ordinance for Augusta Pride and Item
authorize the Law Department to review the current noise ordinance. (Approved Action:
by Public Seruices Committee June 13,2017) Approved
IB 2017-06-05 - LT Aususta Law Derrertment (re wriver (r" Noise ordirarre)).pdf
lE ItemAoorovalsheet.html
Motion
Result
Motion to approve.
A __..^_-^ Mr. M. Williams Commisioner CommissionerApprove abstains. Sean Frantom Grady Smith Passes
Motion Passes 8-0 -1.
8. Motion to_ approve ZA'R-248 - A request for concurrence with the Augusta ItemGeorgia Planning Commission to approve a request to amend the Action:
Motions
f#:" Motion rext Made By Seconded By
Comprehensive Zoning Ordinance for Augusta Georgia by adding Noise Approved
(Ordinance) to Section 2 - Definitions, Section 4 - Off-Street Parking and
Loading, Section 2l -B-l (Neighborhood Business), Section 22 -B-2 (General
Business). Waive second reading (Approved by the Commission May 16,24fi and by Public Services Committee June l3rZ0l7)
E ze-r-24&.pdf
IB ItemA oorovalsheet.html
Motions
Motion r,^4:^-'T!---r r, ! h Motion;----- Motion Text Made By Seconded By il.rrir"rype
Motion to delete this
item from the agenda. Commissioner
Approve Ky;Jlria',' yiilfl, H,ifr,tr]:ffi:, passes
Motion Passes 8-0 -1.
ADMINISTRATIVE SERVICES
9. Motion to approve revised Rocky Creek Enterprise Zone Ordinance. Item(Approved by Administrative Services Committee June 13,2017) Action:
Approved
IE Ord reauthorization Rockv Creek Feb 21 20l?.pdf
B ItemApprovelsheet.html
Motions
Motion r, -4:^- 'Ti---1 r, r h Motion;- ---- Motion Text Made By Seconded BylYPe .----- -J Result
Motion to approve.
a - _ Mr. M. Williams Commisioner CommissionerApprove abstains. sean Frantom Grady smith Passes
Motion Passes 8-0 -1.
PUBLIC SAFETY
10. Motion to approve a request from Augusta Animal Services to receive a grant Item
from Maddie's Fund, in the amount of $5,000.00, to build an Outdoor Enclosed Action:Cat Space. (Approved by Public Safety Committee June 13,20L7) Approved
IB Maddies Fund Grant.pdf
lB ItemAoorovalsheet.html
Motions
*j:"' Morion Texr Made By Seconded By Motion
r YPe uuLvrrulu uJ Result
Motion to approve.
a-__..-- Mr. M. Williams Commisioner CommissionerApprove abstains. Sean Frantom Grady Smith Passes
Motion Passes 8-0 - l.
ll. Motion to approve Contract with Tyler Technologies to implement iasWorld Itemsoftware.(Approved by Public safety committeeJune ts,)an1 Action:
Approved
Et n'Lrn acRrEurNt tyLBn zotz_os_zl rlN.tuaocx
lE 2017-04-18 Tvler. Sole Source Justification Form - SIGNED.pdf
@ 2017-05-24 Tyler proiect Budset proiection.ndf
IB ItemAoorovalsheet.html
Motions
Y.:j:"' Motion Text Made By seconded By Motion
I YPe ^.---- -J Result
Motion to approve.
a _ ,-_._- Mr. M. Williams Commisioner Commissione:Approve uirru,nr. sean Frantom Grady Smith
t P^..,
Motion Passes 8-0 -1.
12. Motion to accept State Grant Award for Superior Court's Veterans Court Item
Program. (Approved by Public Safety Committee June l3r20l7) Action:
Approved
B Veterans Treatment Court.pdf
IB \/eterans Court New Grant proposat.pdf
IE ItemApprovalsheet.html
Motions
X:'1'" Motion Texr Made By Seconded By Motion
I YPe vlvvusvs sJ Result
Motion to approve.
a _.^--^_- Mr. M. Williams Commisioner CommissionerApprove abstains. Sean Frantom Grady Smith Passes
Motion Passes 8-0 -I.
13. Motion to accept State Grant for Superior Court's Mental Health Court ItemProgram. (Approved by public safety committee June l3r 2017) Action:
Approved
IE l\lental Healrh Courf.ndf
[E ]\{entat Heallh Court NeN, Grenf Pronncqt nrt{
IB ItemApprovalsheet.html
Motions
X:jt1" Motion Text Made By seconded By Motion
r YPe ulvvuuvs uJ Result
Motion to approve.
A _.^_^_-^ IvIr. M. Williams Commisioner CommissionerApprove uirtuinr. Sean Frantom Grady Smith ' Purr".
Motion Passes 8-0 -1.
14. Motion to approve State Grant Award for Superior Court's Adult Felony Drug Item
Court Program. (Approved by Public Safety Committee June 13,20li) Action:
Approved
B Drup Courr.ndf
lB New grant orooosal PR000092.odf
B ItemApprovalsheet.html
Motions
X::t1" Motion Text Made By seconded By Motion
I YPe Result
Motion to approve.
A --_^__^ Mr. M. Williams Commisioner CommissionerApprove abstains. sean Frantom Grady smith Passes
Motion Passes 8-0 -1.
15- Motion to purchase Workgroup Server and Collection Server for the Richmond ItemCounty Sheriffs Office. (Approved by Public Safety Committee June 13, Action:2oL7) APProved
B Pen-Link Quote.pdf
tB Sole Sorrrce Form Pen I inlr nrlf
lEl Pen Liuk Reouisition.odf
E ItemAnnrovalsheet.html
Motions
Motion Motion
Type Motion Text Made By Seconded By Result
Motion to approve.
A __..^_-^ Mr. M. Williams Commisioner Commissioner
^pprove abstains. Sean Frantom Grady Smith Passes
Motion Passes 8-0 -1.
16. Motion to approve purchase of Tasers and equipment from Axon Enterprise Item
formerly known as Taser International. (Approved by Public Safety Action:
Committee June 13,2017) Approved
lB Sole Source Taser Info.pdf
[B ItemApprovalsheet.html
Motions
Motion Motion Text Made By seconded By fJ.tjiir ype
Motion to approve.
a - , IvIr. M. Williams Commisioner CommissionerApprove , _.^;.- ; -_ , ;---;'-^ :'";":"-::'-^ passesabstains. Sean Frantom Grady Smith
Motion Passes 8-0 -1.
17. Motion to approve acceptance of a State grant in the amount of $118,504 to Item
support the operations of the State Court's DIII and Veterans court programs Action:
for the period of July l, 2017 through June 30, 2018. (Approved by Public Approved
Safety Committee June l3r2017')
[B CJCCfYt Asranta$,ardlefter.ndf
tB Capture.GIF
IB State Court Accountabilitv Grent 6.2O-17-ndf
IE ltemApprovalsheet.html
Motions
X:':' Motion Text Made By seconded By MotionrYPe - ---- -'t Result
Motion to approve.
a ___^__- Mr. M. Williams Commisioner CommissionerApprove abstains. Sean Frantom Grady Smith Passes
Motion Passes 8-0 -1.
ENGINEERING SERVICES
18. Motion to approve an exchange of easements, with 2045 Sibley Road, L.P., for ltem
their Gardens at Harvest Point projecl (Approved by Engineering Services Action:
Committee June 13,2017) Approved
B 2045 Sibley Road Sisned Esmt.pdf
IB 2045_Sible\,_Road-PIat.ndf
El IlemAonrovalsheet.html
Motions
Motion r. ,. m Motion;------ Motion Text Made By Seconded Byr YPe Result
Motion to approve.
^ IVIr. M. Williams Commisioner Commissione:Approve uu.tuirrr. Sean Frantom Grady smith
t Pu""'
Motion Passes 8-0 -1.
19. Motion to approve the 3486 Peach Orchard Road Easement Exchange. Item
(Approved by Engineering Services Committee June 13,2017) Action:
Approved
IB 3846 Peach Orchard Road Esmt Exchanqe.odf
E 3486 Peach Orchard Rd Plal.pdf
lB ItemA norovalsheet.html
Motions
X:':' Motion Text Made By Seconded By f*ir'r ype
Motion to approve.
^ Mr. M. Williams Commisioner CommissionerApprove ubr,uinr. Sean Frantom Grady Smith Passes
Motion Passes 8-0 -1.
20. Motion to approve award of Bid # 17-170 to Larry Pittman & Associates, Inc. Itemto construct the Fort Gordon Augusta Utilities Administration Building Action:
Expansion for $ 554,000.00. (Approved by Engineering Services Committee Approved
June 8,z0fi')
IB FG AtlD Blds Bid ltem #17-170 - N{ap.pdf
lB FG AIrD Blds Bid Item #I?-l?0 -Memo.pdf
E 17-170 ITB to Paner.ndf
E t7-l70 MpB.pdf
B Mail List-and Demandstar Planholders.pdf
lE Comnliance LSBOp Informatinn.ndf
B ItemAunrovalsheet.htnrl
Motions
X:':" Motion Text Made By seconded By Motion
r YPe vlvv'qvs YJ Result
Motion to approve.
A ...._-^_.- Mr. M. Williams Commisioner Commissione:Approve uirtuinr. Sean Frantom Grady smith ' Pur.".
Motion Passes 8-0,1.
21. Motion to approve Bid Award for Bid Item #17-165 Radial Arm Drill Press. Item(Approved by Engineering services commiffee June 131201,7) Action:
Approved
lB Bid Item I7-165 Award Recommendation and Bid Tabulation.pdf
B 1?-165 ITB SENT To PAPER.Ddf
lE Mail List and Demamdstar planholders.pdf
B ltemAonrovalshect.html
Motions
Motion r,^.:^_ ,Tt^_-a rf,_ r n Motion;::',"" Motion Text Made By Seconded ByrYPe '.---- -r Result
Motion to approve.
a .^..--^__ IvIr. M. Williams Commisioner CommissionerApprove , ^.^,^^ ;_:- ';---;'-^ :-";"':"';;-' passesabstains. Sean Frantom Grady Smith
Motion Passes 9-0 -1.
22. Motion to approve awarding contract to Kazmier and Associates for Bid Item Item
#17-140 Sewer Monitoring Equipment. (Approved by Engineering Services Action:
Committee June 13,2017) Approved
lB BID 17-140 Memo.pdf
lB t7-140 ITB to Paper.pdf
E lz-llo ofliciat.odr
lB nrail Lisf and Demandstar Planholders.nrlf
B ltemApprovalsheet.html
Motions
|t#:"' Motion Text Made By seconded By ff.lrtiir'
Motion to approve.
Mr. M. Williams
Approve abstains.
Motion Passes 8-0 -1.
Commisioner Commissioner
Sean Frantom Grady Smith Passes
Motion
Result
PETITIONS AND COMMUNICATIONS
23. Motion to approve the minutes of the regular meeting of the Commission ltem
held June 6,2017 andLegal Meeting held June 13,2017. Action:
Approved
B Resular Commission Meetinp .Inne l( 20t? ndf
IE Called Commission Meeting .Iune 13 201? nrtf
B ltemApprovalsheet.html
Motions
Motion
=""-" Motion Textrype
Motion to approve.
Anorove Yr.M. Williams
abstains.
Motion Passes 8-0 -1.
****END CONSENT AGENDA* * **
AUGUSTA COMMISSION
6t20t2017
Seconded By
AUGUSTA COMMISSION
REGULAR AGENDA
6t20t2017
(Items 24-29)
ADMINISTRATIVE SERVICES
24. Discuss submitting a request from the Augusta Commission to the Georgia Item
Bureau of Investigation (GBI) to investigate the use of city equipment and Action:
city employees working on private property in Lincoln County owned by Approved
former and/or current city contractors. (Requested by Commissioner Marion
Williams)
Made By
Commisioner
Sean Frantom
Commissioner
Grady Smith rasses
E ltemAoorovalshect.html
Motions
Y:-*t' Morion Texrr ype
Motion to approve
submitting a request for
Approve the Georgla Buieau of commissioner
Investigation to do an Marion williams
investigation.
Motions
[|j:" Motion Text Made Byr ype
Made By Seconded Motion
By Result
Dies for
Iack of
Second
Motion to approve
Approve ffiffi,-# il; "' ffffi,:'Jl*" 3:#I,;;il"
It was the consensus of the Commission that this item be received as
information.
25. Motion to approve changing the administrative leave with pay to Item
administrative leave without pay for Mr. Mark Johnson Environmental Action:
Services Director effective immediately. (Requested by Commissioner Approved
Sammie Sias)
Seconded By
Seconded By
Motion
Result
Motion
Result
E Environmental Sen,ices Director Leave 6.20.17.pdf
B ltemApprovalsheet.html
Motions
X:':"' Motion Text Made ByI ype
Motion to delete this
item from the agenda.Delete Mr. M. Williams
abstains.
Motion Passes 8-0 - l.
Commisioner Commissioner
Sean Frantom Grady Smith Passes
FINANCE
26- Consider a request from Ms. Patricia Ann Bailey Clark regarding a waiver Itemfor her homestead exemption on the property located atlOiebun"y Arrrru.. Action:(No recommendation from Finance Committee June lgr2OlT) Disapproved
E Patricia Ann Bailev Clark.pdf
IE ItemAnnrovalsheet.htrnl
Motions
Y:li" Motion rextr ype
Motion to deny.
Voting No:
Commissioner
William Fennoy,
CommissionerDeny Ben Hasan,
Commissioner
Andrew Jefferson,
Commissioner
Grady Smith.
Motion Fails 5-4.
Motions
Motion
Type Motion Text
Motion to approve
reconsidering this
item.
Voting No:
Commissioner
William Fennoy,
Commissioner
Ben Hasan.
Motion Passes 7-2.
Approve
Motions
Motion
Type Motion Text
Motion to deny the
request.
Voting No:
Commissioner
William Fennoy,
Commissioner
Ben Hasan.
Motion Passes 7-2.
Made By Seconded By Motion
Result
Commissioner
Wayne
Guilfoyle
CommissionerDennis Fails
Williams
Made By Seconded By
Commissioner
Andrew
Jefferson
Commissioner
Sammie Sias
Motion
Result
Passes
Made By Seconded By Motion
Result
Deny
Commissioner
Wayne
Guilfoyle
Commisioner
Sean Frantom Passes
ENGINEERING SERVICES
27. Motion to approve an Ordinance to amend the Augusta, Georgia Code, Title 8, Item
Chapter One, Flood Damage Prevention Ordinance, in its entir-ety. Action:
Approved
E 2017-6-7 Flood Ordinance - amended June 2017 - final withour track chanqes (003).pdf
IF ItemAourovalsheet.html
Motions
X:l:"' Morion Text Made By seconded By Motion
r ype '''--- -J Result
Motion to approve.
a - _-,__- Mr. M. Williams Commisioner CommissionerApprove r ^+^r-^ ;--_,-; ---.---- ;"-',"-:":.','-' passesabstains. Sean Frantom Grady Smith
Motion Passes 8-0 -1.
ADMINISTRATOR
28. Motion to adopt a resolution approving the Augusta Cyber Initiative Urban Item
Redevelopment Plan and to authorizethe Mayor and Clerk of Commissioner to Action:
execute such resolution. Approved
lE Augusta Ct,ber lnitiative llrban Redevelopmenr plan.pdf
E Resolution aooroving Cvber Redet.elonment Plan.odf
B Itcm.{onrovalsheet.html
Motions
[|j]o' Motion Text Made By seconded By Motion
I YPe '---'- -r Result
Motion to approve.
^,---,, Mr. M. Williams Commisioner CommissionerApprove abstains. sean Frantom Grady smith Passes
Motion Passes 8-0 - l.
ADDENDUM
29. Congratulations! Mr. John Stearley, Augusta Regional Airport, June 2017 Item
Employee of the Month. Action:
None
E ltemAoorovalsheet.html
Motions
Motion Motion Text Made Seconded Motion
Type By By Result
Presentation is made to Mr. John
Stearley as the June 2017 Employee
of the Month.
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
30. Motion to approve execution by the Mayor of the affidavit of
compliance with Georgia's Open Meeting Act.
Upcoming Meetings
Item
Action:
None
www.auqustaga.gov
CALLED MEETING COMMISSION CHAMBER
Jlur:re20,2017
Augusta Richmond County Commission convened at 1:30 p.m., Tuesday, June 20,2017,
the Honorable Hardie Davis, Jr., Mayor, presiding.
PRESENT: Hons. Jefferson, Guilfoyle, Sias, Frantoh, M.Williams, Fennoy, D. Williams,
Hasan and Smith, members of Augusta Richmond County Commission.
ABSENT: Hon. Davis, member of Augusta Richmond County Commission.
Mr. Mayor: We'll call this meeting to order. The Chair recognizes Attomey MacKenzie.
Mr. MacKenzie: I would entertain a motion to go into an executive session to discuss
pending and potential litigation and personnel.
Mr. Hasan: So move.
Mr. Frantom: Second
Mr. Mayor: All right. Voting.
Mr. Guilfoyle out.
Motion carries 8-0.
ILEGAL MEETING]
Mr. Mayor: We'll call this meeting back to order. The Chair recognizes Attorney
MacKenzie.
Mr. MacKenzie: I would entertain a motion to execute the closed meeting affidavit.
Mr. M. Williams: So move.
Mr. Frantom: Second.
Mr. Mayor: Voting.
Mr. Guilfoyle out.
Motion carries 8-0.
Mr. Mayor: The Chair recognizes the commissioner from the 4ft for a motion.
Mr. Sias: Thank you, sir. Move to accept the salary increase recommendations of the
Augusta Regional Airport with respect to the airport's recent salary study effective July 1,
2017.
Mr. Hasan: Second.
Mr. Mayor: Motion and a proper second. Voting.
Mr. M. Williams abstains.
Motion carries 8-1.
Mr. Mayor: All right. The Chair recognizes the commissioner from the 9n for a motion.
Mr. M. Williams: Thank you, Mr. Mayor. I'd like to motion that we designate July 3'
2017 as an official Augusta, Georgia holiday for the year 2017.
Mr. Sias: Second.
Mr. Mayor: We've got a motion and a second designating July the 3d as an official holiday
for the City of Augusta and her employees. Voting. For those that are wondering July 4 is already
a holiday. It's a Tuesday and the Commission in its wisdom saw fit to extend that time off for all
of our employees. Absolutely. Outstanding. The Sheriff is. He's furnishing the barbeque
according to the commissioner from the l0s.
Motion carries 9-0.
IMEETING ADJOURNED]
Lena J. Bonner
Clerk of Commission
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy
of the minutes of the Called Meeting of the Augusta Richmond County Commission held on June
20,20t7.
Clerk of Commission
Commission Meeting Agenda
6/29/2017 2:00 PM
Ms. LaQuita W. Logan
Department:
Department:
Caption:Motion to approve the appointment of Ms. LaQuita W. Logan to
the Augusta Transit Citizens Advisory Board representing District
8.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
User Task I Laserfiche Forms
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Date assigned: 1:07 pM Due date: None Prioritf None
Page 1 of2
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Commission Meeting Agenda
6/29/2017 2:00 PM
Tamlar Walton
Department:
Department:
Caption:Motion to approve the appointment of Ms. Tamlar Walton to the
Augusta Transit Citizens Advisory Board representing District 5.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
6/29/2017 2:00 PM
Ordinance Amendments - Occupation Tax Code
Department:Planning & Development
Department:Planning & Development
Caption:Approve amendments to the Augusta, Georgia Code, Title 6, Chapter 6,
Article 3, Regulated Businesses, to add a new Section 6-6-48 to provide
regulations for Special Entertainment Permits, and to Title 2, Chapter 1,
Article 1, Business Tax Certificate, Section 2-1-3 Administrative and
Regulatory Fee Structure, to establish the Special Entertainment Permit
regulatory fee.
Background:The Comprehensive Zoning Ordinance was amended to include an
amplified entertainment use by Special Exception in the B-1
Neighborhood Business zone.
Analysis:The proposed amendments will create a new section under Regulated
Businesses in the Augusta Code that will provide regulations for the
Special Entertainment Permit; to include the requirement of an
Occupation Tax Certificate and the payment of a regulatory fee, the
process for permit renewal, hours of operation, and penalties for violating
the code section.
Financial Impact:N/A
Alternatives:N/A
Recommendation:Approval
Funds are Available in
the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Cover Memo
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6,
CHAPTER 6, ARTICLE 3, REGULATED BUSINESSES, NEW SECTION 6-6-48
SPECIAL ENTERTAINMENT PERMIT; SO AS TO PROVIDE REGULATIONS
FOR THE REQUIREMENT OF AN OCCUPATION TAX CERTIFICATE, THE PROCESS
FOR PERMIT RENEWAL; HOURS OF OPERATION; AND TO PROVIDE PENALTIES FOR
VIOLATING THE CODE SECTION; 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.
NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS
HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT IT IS A VIOLATION OF
AUGUTA, GEORGIA CODE TO PROVIDE ENTERTAINMENT IN A B-1
NEIGHBORHOOD BUSINESS ZONE WITHOUT HAVING FIRST BEEN GRANTED A
SPECIAL EXCEPTION AND SUBSEQUENTLY FOLLOWING THE REGUALATIONS
PROVIDED HEREWITH, AS FOLLOWS:
SECTION 1. TITLE 6, CHAPTER 6, ARTICLE 3, REGULATED BUSINESSES, IS HEREBY
AMENDED TO ADD A NEW SECTION 6-6-48, SPECIAL ENTERTAINMENT PERMIT,
AS SET FORTH IN “EXHIBIT A” HERETO.
SECTION 2. This ordinance shall become effective upon adoption.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Adopted this ___ day of ___________, 2017.
__________________________ Attest:______________________________
Hardie Davis, Jr. Lena J. Bonner, Clerk of Commission
As its Mayor Seal:
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing
Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2017
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 ______________________
EXHIBIT A
SECTION 6-6-48, SPECIAL ENTERTAINMENT PERMIT.
Any business located in a B-1 (Neighborhood Business Zone) that will provide entertainment is
required to obtain a Special Exception as provided for in the Comprehensive Zoning Ordinance
in Section 21– B-1 (Neighborhood Business), and comply with the regulation in this code section
for obtaining a Special Entertainment Permit:
1. Occupation Tax Certificate Required: Any business operating as defined in this Code shall
be required to have a business tax certificate. The requirements for obtaining, renewing and
maintaining such certificate shall be governed by the applicable provisions of the Augusta-
Richmond County Code, Title 2, Chapter 2.
2. Businesses located in a B-1 Zone which elect to provide entertainment are required to pay an annual
regulatory fee as required is Section 2-1-3 (c ) of the Augusta-Richmond County Code.
3. Terms of Permit. All permits granted hereunder shall be for the calendar year.
4. Renewal of Permit. All permits granted hereunder shall expire on December 31 of each year.
Permittees who desire to renew their permits shall file an application therefore, together with the
requisite fee with the Planning & Development Department for such renewal, upon forms approved
by the Director of Planning & Development, on or before December 15th of each year.
5. All permits to be renewed for the subsequent calendar year shall be submitted by the Planning &
Development Department to the Commission for approval no later than November 15th of each year.
Any permits that have been place on probatin, suspension or have been revoked by the Commission
during the year shall be submitted on a separate list by the Planning & Development Department for
review and consideration for approval.
6. Permits are not transferable; exceptions.
a. Generally. Permits hereunder shall not be transferable, except as otherwise provided herein.
Nothing in this section, however, shall prohibit one (1) or more partners of a partnership
holding a permit from withdrawing from the partnership in favor of one(1) or more of the
partners who were partners at the time of the issuance of the permit.
7. Hours of operation. Any and all holders of permits under the authority of this ordinance shall observe
the following of hours of operation, which shall be determined by Eastern Standard Time or daylight
savings time, whichever is in effect:
a. The hours for entertainment are 12:30 PM until 11:00 PM Sunday through Thursday, and
12:30 PM until 12:00 midnight Friday and Saturday.
8. Right of suspension by Planning & Development Department. The Planning & Development
Department shall have the right to suspend any permit issued under this chapter whenever a person,
firm, or corporation doing business shall deviate from the normal operation for which the permit
was obtained or fails in performance to meet the required regulations and code as set forth by the
Planning & Development Department, Augusta-Richmond County Sheriff’s Office, or Augusta-
Richmond County Health Department; or violates any law or ordinance or the United States, or the
state, or Augusta, Georgia, in pursuance of such business conducted under such permit; or when it
shall be proven before the Planning & 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 permit. The Planning & Development Department shall report the suspension of
such permit to the next regular or called meeting of the Commission. The Commission shall
determine whether the permit-holder will be suspended, placed on probation, permanently revoked,
or otherwise it shall be restored and remain in full force.
ORDINANCE NO. __________
AN ORDINANCE TO AMEND AUGUSTA, GEORIGA CODE, TITLE 2, CHAPTER 1,
ARTICLE 1, BUSINESS TAX CERTIFICATE, SECTION 2-1-3(C) ADMINISTRATIVE AND
REGULATORY FEE STRUCTURE SO AS TO ESTABLISH THE SPECIAL
ENTERTAINMENT PERMIT REGULATORY FEE; TO PROVIDE AN EFFECTIVE DATE;
TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE AUGUSTA, GEORIGA COMMISSION, AND IT IS HEREBY
ORDAINED BY AUTHORITY OF SAME AS FOLLOWS:
Section 1. Augusta, Georgia Code § 2-1-3(c), is hereby amended by deleting said subsection in
its entirety, and substituting in lieu thereof the following, to-wit:
Sec. 2-1-3 (c). The regulatory fee schedule for persons in occupations and
professions shall be as set below, and may be amended from time to time:
Adult Entertainment Establishments $3,479.00 per year
Adult Entertainment (live) $140.00 per day
Amusement Parks $696.00 per year
Arcades $350.00 per year
Craft Show Promoters $418.00 per year
Dance Hall License incidental to Alcohol License $140.00 per year
Entertainment Venue: $349.00 per year
Flea Markets
1 through 10 rental spaces $418.00 per year
11 or more rental spaces $696.00 per year
Fortune Tellers $696.00 per year
Going Out of Business Sales $140.00 per 90 days
(May be renewed for 60 days) $140.00
Hybrid Restaurant $500.00 per year
Second Hand Goods $140.00 per year
SPECIAL ENTERTAINMENT PERMIT $50.00 PER YEAR
Street Vendors $50.00 per day
Temporary and Transient Vendors $175.00 per day
Wreckers $36.00 per year
Taxicabs $36.00 per year
Limousines $36.00 per year
Vending Machines (per machine) $9.00 per year
Salvage Yards $317.00 per year
Section 2. This ordinance shall become effective upon adoption.
Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Adopted this ___ day of ___________, 2017.
__________________________ Attest:______________________________
Hardie Davis, Jr. Lena J. Bonner, Clerk of Commission
As its Mayor Seal:
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing
Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2017
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
First Reading: ______________________
Second Reading: ____________________
Commission Meeting Agenda
6/29/2017 2:00 PM
Candlelight Jazz
Department:
Department:
Caption:Discuss staff's misrepresentation of a request with willful inaction.
(Requested by Commissioner Marion Williams)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Lena Bonner
From:
Sent:
To:
Cc:
Subject:
Glenn Parker
Friday, June 16, 2017 2:34 PM
Sarah Hudson; Lena Bonner
Janice Allen Jackson
RE: Speakers for music at the Common
We have relayed this message to our sound person.
Glenn
From: Sarah Hudson
Sent: Friday, June 16, 2OL7 2:26 PM
To: Lena Bonner <lbonner@augustaga.gov>
Cc: Janice Allen Jackson <Janice.Jackson@augustaga.gov>; Glenn Parker <GParker@augustaga.gov>
Subject: RE: Speakers for music at the Common
Importance: High
Lena,
Copying them both on this reply to you.
Note to: Janice & Glenn, please see Lena's email below.
Sarah Hudson
Executive Assistant to the Administrator
Office of the Administrator
535 Telfair Street, Suite 910
(706) 821-2400 Office
sh udson@auqustaoa. gov
From: Lena Bonner
Sent: Friday, June 16, 2017 2:24 PM
To: Sarah Hudson <shudson(@a ueustaga.gov>
Subject: RE: Speakers for music at the Common
!mportance: High
Sarah- Commissioner M. Williams wants to make sure the spealcers are placed;along both sides of the
Common as he requested.
Please confirm this with Ms. Jackson and Glenn Parker so that I can let him know.
Thankyou.
Lena J. Bonner
Clerk of Commission
Office of the Clerk of Commission
Suite 2zo Municipal Building
535 Telfair Street
Augusta, Georgia 3o9o1
Tel: 7o6-8zr-18zo
Fax: 7o6-Ber-rB3B
From: Sarah Hudson
Sent: Friday, June 15, 2077 2:LBPM
To: Lena Bonner <lbonner@augustaga.gov>
Subject: FW: Speakers for music at the Common
From: Janice Allen Jackson
Sent: Friday, June L5, 20L7 2:06 PM
To: Sarah Hudson <shudson@auqustaga.gov>
Subject: Fwd: Speakers for music at the Common
From: Glenn Parker <GParker@augustaga.gov>
Date: June 16,2017 at2:02:17 PM EDT
To: Janice Allen Jackson <Janice.Jackson@augustaga.gov>
Cc: "Joanie D. Smith" <JDSmith@augustaga.gov>
Subject: RE: Speakers for music at the Common
Janice,
Yolanda spoke with Rob Boggs and he will provide additional speakers on Sunday evening. I hope this will satisfy this
request from Commissioners M. Williams.
Glenn
Please consider the environment before printing this email.
a [esult of the e-mai{ trarrsntission. lf ,rerificatlon i$ required, please request a harci co6ry versiorr.
AED:104.1
Commission Meeting Agenda
6/29/2017 2:00 PM
Joint Mtr. Augusta Commission BOE COC
Department:
Department:
Caption:Discuss/approve scheduling a joint meeting with the Augusta
Commission, Board of Education and Chamber of Commerce
Business Education Advisory Council to discuss how local
government can aid in improving education in our community.
(Requested by Commissioner Dennis Williams)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
6/29/2017 2:00 PM
Cyber Parking Garage Project
Department:
Department:
Caption:Motion to adopt an Authorizing Resolution in connection with the
Cyber initiative Redevelopment Plan to authorize Augusta to enter
into an Agreement of Sale with the Urban Redevelopment Agency
of Augusta and to execute such other ancillary documents
necessary in support of the issuance of bonds by the Urban
Redevelopment Agency of Augusta for the acquisition and
construction the Cyber Initiative Parking Garage as approved by
the General Counsel.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
A RESOLUTION OF AUGUSTA, GEORGIA AUTHORIZING, INTER ALIA, THE
EXECUTION OF AN AGREEMENT OF SALE RELATING TO THE ISSUANCE OF
URBAN REDEVELOPMENT AUTHORITY OF AUGUSTA REVENUE BONDS
(PARKING GARAGE PROJECT), SERIES 2017
WHEREAS, the Augusta-Richmond County Commission (the “Commission”), which is the
governing body of Augusta, Georgia (the “Consolidated Government”), in order to exercise the powers
conferred upon the Consolidated Government by Chapter 61 of Title 36 of the Official Code of Georgia
Annotated, entitled the “Urban Redevelopment Law,” as amended (the “Urban Redevelopment Law”), adopted
a resolution on March 16, 2010, finding that one or more slum areas exists in Augusta, Georgia and that the
rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas is necessary in
the interest of the public health, safety, morals, or welfare of the residents of Augusta, Georgia; and
WHEREAS, an Act of the General Assembly of the State of Georgia, which became effective
on July 1, 2015, amended the Urban Redevelopment Law to substitute the terms “pocket of blight” and
“pocket of blight clearance and redevelopment,” for the terms “slum area” and “slum clearance and
redevelopment,” although the meanings assigned to such terms were not amended; and
WHEREAS, the Commission, by resolution adopted on June 13, 2017, designated the area
covered by the hereinafter described urban redevelopment plan as a “pocket of blight” that the Commission
designated as appropriate for urban redevelopment projects; and
WHEREAS, the Commission held a public hearing on June 20, 2017 on a proposed urban
redevelopment plan entitled “Augusta Cyber Initiative Urban Redevelopment Plan” (the “Plan”), a copy of
which is on file with the Consolidated Government; and
WHEREAS, public notice of such public hearing was published in The Augusta Chronicle, a
newspaper having a general circulation in the area of operation of the Consolidated Government, and proof of
such publication is on file with the Consolidated Government; and
WHEREAS, the Commission, by resolution adopted on June 20, 2017, approved the Plan and
the urban redevelopment project set forth therein; and
WHEREAS, the Urban Redevelopment Agency of Augusta (the “Agency”) is a public body
corporate and politic duly created and validly existing under and pursuant to the Urban Redevelopment Law;
and
WHEREAS, the Consolidated Government, by resolution adopted on April 1, 2010, activated
the Agency and elected to have the Agency exercise the Consolidated Government’s “urban redevelopment
project powers” under the Urban Redevelopment Law, and the Agency’s commissioners have been appointed
as provided in the Urban Redevelopment Law and are currently acting in that capacity; and
WHEREAS, the Urban Redevelopment Law authorizes the Consolidated Government to
appropriate such funds and make such expenditures as may be necessary to carry out the purposes of the Urban
Redevelopment Law and to levy taxes and assessments for such purposes; and
WHEREAS, Article IX, Section III, Paragraph I(a) of the Constitution of the State of Georgia
authorizes, among other things, any county, municipality or other political subdivision of the State to contract,
for a period not exceeding fifty years, with another county, municipality or political subdivision or with any
2
other public agency, public corporation or public authority for joint services, for the provision of services, or
for the provision or separate use of facilities or equipment, provided that such contract deals with activities,
services or facilities which the contracting parties are authorized by law to undertake or to provide; and
WHEREAS, in furtherance of the purposes for which it was created, the Agency proposes to
issue not to exceed $12,000,000 in original aggregate principal amount of its “Urban Redevelopment Agency
of Augusta Revenue Bonds (Parking Garage Project), Series 2017” (the “Series 2017 Bonds”), in order to
finance the costs of acquiring, constructing and installing an urban redevelopment project constituting an
approximate 515-space three-level parking facility to be acquired, constructed and installed and to be located
on a portion of the property commonly known as the Golf Hall of Fame and Gardens, which is the area covered
by the Plan (the “Project”) and to finance related costs; and
WHEREAS, in consideration of the issuance of the Series 2017 Bonds, the Agency and the
Consolidated Government propose to enter into an Agreement of Sale, dated as of June 21, 2017 or the first
date of the month of its execution and delivery (the “Contract”), pursuant to which the Agency will agree,
among other things, to issue the Series 2017 Bonds to finance the costs of the Project and to cause the
acquisition, construction and installation of the Project; and in consideration therefor, the Consolidated
Government will agree, among other things, (a) to acquire the Project and to make installment payments of
purchase price to the Agency in amounts sufficient to enable the Agency to pay, when due, the principal of,
redemption premium, if any, and interest on the Series 2017 Bonds and other amounts due under the Contract
and (b) will agree to levy an annual ad valorem tax on all taxable property located within the territorial limits of
the Consolidated Government, at such rate or rates, within the mill limit prescribed by an amendment to Article
VII, Section I, Paragraph II of the Constitution of the State of Georgia of 1945 (1980 Ga. Laws 2177 to 2180,
inclusive), now specifically continued as a part of the Constitution of the State of Georgia of 1983 pursuant to
an Act of the General Assembly of the State of Georgia (1983 Ga. Laws 3870 to 3872, inclusive), or within
such greater millage as may hereafter be prescribed by applicable law, as may be necessary to produce in each
year revenues that are sufficient to fulfill the Consolidated Government’s obligations under the Contract; and
WHEREAS, the Agency proposes to authorize the marketing of the Series 2017 Bonds by
means of a Preliminary Official Statement (the “Preliminary Official Statement”) and an Official Statement, to
be dated the date of its execution and delivery (the “Official Statement”), both of which will contain
information about the Agency, the Consolidated Government, and the Project; and
WHEREAS, in order to comply with the provisions of Rule 15c2-12(b)(v) promulgated by the
Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended, the
Consolidated Government proposes to execute and deliver a Continuing Disclosure Certificate (the
“Continuing Disclosure Certificate”).
NOW, THEREFORE, BE IT RESOLVED BY THE AUGUSTA-RICHMOND COUNTY
COMMISSION, as follows:
Section 1. Authorization of Contract and Other Financing Documents. The terms and
conditions and the execution, delivery and performance of the Contract, which has been filed with the
Consolidated Government, be and the same are hereby approved and authorized. The Contract shall be in
substantially the form attached hereto as Exhibit A, subject to such changes, corrections or omissions as may
be approved by the Mayor or Mayor Pro Tempore of the Consolidated Government, and the execution of the
Contract by the Mayor or Mayor Pro Tempore and Clerk of Commission of the Consolidated Government as
hereby authorized shall be conclusive evidence of any such approval. The Mayor or Mayor Pro Tempore and
Clerk of Commission of the Consolidated Government are authorized and directed to deliver the Contract on
behalf of the Consolidated Government to the other parties thereto, and to execute and deliver all such other
3
contracts, instruments, documents, affidavits, or certificates (including, without limitation, a Rule 15c2-12
Certificate and a Continuing Disclosure Certificate) and to do and perform all such things and acts as each
shall deem necessary or appropriate in furtherance of the issuance of the Series 2017 Bonds and the carrying
out of the transactions authorized by this Resolution or contemplated by the instruments and documents
referred to in this Resolution.
Section 2. Authorization and Terms of Series 2017 Bonds. The issuance of the Series 2017
Bonds is hereby authorized. The aggregate principal amount of the Series 2017 Bonds shall not exceed
$12,000,000. The Series 2017 Bonds may bear interest at interest rate or rates not to exceed 5.00% per annum.
The maximum annual debt service on the Series 2017 Bonds in any Sinking Fund Year (October 2 of a
calendar year through October 1 of the following calendar year) shall not exceed $1,975,000. The Series 2017
Bonds shall mature on or before October 1, 2037. The exact terms of the Series 2017 Bonds, including, but
not limited to, the aggregate principal amount, maturity schedule, interest rates and redemption provisions,
shall be set forth in a resolution supplementing the Bond Resolution to be adopted by the Issuer prior to the
issuance of the Series 2017 Bonds. The Mayor and Clerk of the Commission acknowledge that they have
received a copy of the Bond Resolution, and hereby approve the terms and provisions thereof.
Section 3. Approval of Offering Documents. The use and distribution of the Preliminary
Official Statement and the Official Statement with respect to the Series 2017 Bonds are hereby authorized,
approved, ratified and confirmed. The execution, use and distribution of the Official Statement are hereby
authorized, approved, ratified and confirmed. The Mayor or Mayor Pro Tempore is hereby authorized and
directed to ratify, confirm, approve, execute, and deliver the Official Statement on behalf of the Consolidated
Government, and the execution of an Official Statement by the Mayor or Mayor Pro Tempore shall constitute
conclusive evidence of the Mayor or Mayor Pro Tempore’s ratification, confirmation, approval, and delivery
thereof on behalf of the Consolidated Government.
Section 4. Validation of Series 2017 Bonds. The Mayor or Mayor Pro Tempore and Clerk of
the Commission are authorized to acknowledge and make answer in the validation proceeding relating to the
Series 2017 Bonds.
Section 5. No Personal Liability. No stipulation, obligation or agreement herein contained or
contained in the Contract or the other documents herein authorized shall be deemed to be a stipulation,
obligation or agreement of any officer, director, agent or employee of the Consolidated Government in his
individual capacity.
Section 6. General Authority. From and after the execution and delivery of the documents
hereinabove authorized, the proper officers, directors, agents and employees of the Consolidated Government
are hereby authorized, empowered and directed to do all such acts and things and to execute all such
documents as may be necessary to carry out and comply with the provisions of said documents as executed and
are further authorized to take any and all further actions and execute and deliver any and all other documents
and certificates as may be necessary or desirable in connection with the issuance of the Series 2017 Bonds and
the execution and delivery of the Contract and the other documents herein authorized.
Section 7. Actions Approved and Confirmed. All acts and doings of the officers of the
Consolidated Government which are in conformity with the purposes and intents of this Resolution and in the
furtherance of the issuance of the Series 2017 Bonds and the execution, delivery and performance of the
Contract and the other documents herein authorized shall be, and the same hereby are, in all respects approved
and confirmed.
4
Section 8. Severability of Invalid Provisions. If any one or more of the agreements or
provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of
express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be
held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed
separable from the remaining agreements and provisions and shall in no way affect the validity of any of the
other agreements and provisions hereof.
Section 9. Repealing Clause. All resolutions or parts thereof of the Consolidated Government
in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and
repealed.
Section 10. Effective Date. This Resolution shall take effect immediately upon its adoption.
PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this ____ day of June, 2017.
(SEAL)
AUGUSTA, GEORGIA
By:
Mayor
Attest:
Clerk of Commission
5
CLERK OF COMMISSION’S CERTIFICATE
I, LENA J. BONNER, the duly appointed, qualified, and acting Clerk of Commission of Augusta,
Georgia (the “Consolidated Government”), DO HEREBY CERTIFY that the foregoing pages of typewritten
matter constitute a true and correct copy of a resolution adopted on June 20, 2017, by the Augusta-Richmond
County Commission (the “Commission”) in a meeting duly called and assembled in accordance with
applicable laws and with the procedures of the Consolidated Government, by a vote of _____Yea and _____
Nay, which meeting was open to the public and at which a quorum was present and acting throughout, and that
the original of the foregoing resolution appears of public record in the Minute Book of the Commission, which
is in my custody and control.
GIVEN under my hand and the seal of the Consolidated Government, this ____ day of June, 2017.
(SEAL)
Clerk of Commission
EXHIBIT A
FORM OF THE CONTRACT
Commission Meeting Agenda
6/29/2017 2:00 PM
Affidavit
Department:
Department:
Caption:Motion to approve 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