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Home My WebLink About2018-07-17 Meeting AgendaCommission Meeting Agenda Commission Chamber 7/17/2018 2:00 PM INVOCATION: Reverend Roger A. Schwartz, Pastor- Our Redeemer Lutheran Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) COA Summer Interns. A.Recognition of the City of Augusta Summer Interns.Attachments June 2018 Employee of the Month. B.June 2018 Employee of the Month.Attachments Five (5) minute time limit per delegation DELEGATIONS C. Mr. Johnny Chivers, Jr. regarding the renaming of the John C. Calhoun Expressway to Veterans Memorial Expressway.Attachments D.Presentation from Mr. John Arscott on a proposed project on Azalea and Magnolia Drives.Attachments E. Ms. Mary Tibbetts, West Augusta Alliance regarding its opposition to the proposed Neighborhood Bar/Restaurant at 3004 Skinner Mill Road.Attachments F.Attachments Ms. Marcia Plunkett; Skinner Family Cemetery regarding its opposition to the proposed neighborhood restaurant/bar at 3004 Skinner Mill Road. G. Mr. Mike Samadi regarding a Special Exception for property at 4013 Belair Road.Attachments H. Mr. Al Gray regarding “Augusta’s Wheel of Missed Fortunes.” Attachments CONSENT AGENDA (Items 1-22) PLANNING 1. Final Plat – Manchester Section 8-A – S-866-A – A request for concurrence with the Augusta Planning Commission to approve a petition by Southern Partners Inc., on behalf of COEL Development Co., requesting final plat approval for Manchester Section 8-A. This residential subdivision is located on Ken Miles Drive and contains 37 lots. DISTRICT 4 Attachments 2. Final Plat – Southampton Section 6 – S-867 – A request for concurrence with the Augusta Planning Commission to approve a request by Southern Partners Inc., on behalf of COEL Development Co., requesting final plat approval for Southampton Section 6. This residential subdivision is located at Windsor Spring Road and Inverness Drive and contains 53 lots. DISTRICT 4 Attachments 3. Z-18-35 – A request for concurrence with the Augusta Planning Commission to approve with the conditions below a petition by William J. Palladino, on behalf of Augusta Land Bank, requesting a change of zoning from Zone R-1 and Zone B-1 (Neighborhood Business) to Zone R-2 (Two-family Residential) affecting property containing 0.28 acres and known as 1110 Florence Street and 1301 and 1305 Eleventh Street. Tax Map 059-2-175-00-0, 059-2-176-01-0, and 059-2-176-00-0 DISTRICT 1 1. Provide an access easement for the proposed shared driveway and parking spaces as part of the plat recording for the newly Attachments created lots. 2. Provide landscaping that is similar to the illustration shown on the concept plan date received on 5/31/2018. PUBLIC SERVICES 4.Motion to approve adopting by reference the International Property Maintenance Code 2012 Edition and Georgia Amendments, with the exclusion of (IPMC) Chapter I Administration and Enforcement; and request approval to adopt International Property Maintenance Code Administration and Enforcement, Sections 7-1-140.1 through 7-1-153.2. (Approved by Public Services Committee July 10, 2018) Attachments 5.Motion to approve New Location Application: A. N. 18-25: request by In Sun Kim for a retail package Beer &Wine License to be used in connection with Coliseum located at 808 11th Street. District 1. Super District 9. (Approved by Public Services Committee July 10, 2018) Attachments 6.Motion to approve New Location Application: A.N. 18-26: request by Kaswania Keith for an on premise consumption Liquor & Beer License to be used in connection with Chipotle Mexican Grill located at 229 Robert C. Daniel Jr. Pkwy, Unit A. There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee July 10, 2018) Attachments 7.Motion to approve an amendment to the Augusta, Georgia Code Title 6, Chapter 2, Article 1, Alcoholic Beverages, Section 6-2-15 Sunday Sales effective upon approval of a referendum to provide for the sale of alcohol on Sundays beginning at 11:00 A.M. in accordance with Senate Bill 17. (Approved by Public Services Committee July 10, 2018) Attachments 8.Motion to approve referring this matter to the Augusta Planning Commission for consideration and to keep the Parking Task Force informed about the issue regarding consideration of parking options, requirements, issues and solutions for businesses that desire to open in the Central Business District. (Approved by Public Services Committee July 10, 2018) Attachments 9.Motion to approve Amendment #2 to Cooperative Agreement FY2018 with CSRA Regional Commission for Senior Nutrition Services for Augusta, GA. (Approved by Public Services Committee July 10, 2018) Attachments 10.Motion to approve appointing a subcommittee with Commissioner Sean Frantom as Chair and representatives from the DDA, the Sheriff's Office, the Mayor's Office, CVB, Administrator's Office, Parks & Recreation Dept. and business owners to meet and discuss creating an entertainment district as an overlay zone. ·The area to be considered for the entertainment district. ·What is the purpose of the entertainment district. 1) Alcoholic beverages outside of premises 2) Tables & chairs in front of bars 3) Etc. (Approved by Public Services Committee July 10, 2018) Attachments 11.Motion to approve Mead and Hunt Aviation Consulting Services Contract. (Approved by Public Services Committee July 10, 2018)Attachments ADMINISTRATIVE SERVICES 12.Motion to approve bid award of contract to Midwest Maintenance of Augusta to restore the integrity of the exterior building envelope at the Augusta Animal Services Building in the amount of $244,382.00. Bid Item 18-188. (Approved by Services Committee July 10, 2018) Attachments FINANCE 13.Motion to approve a request from Mr. Rayonta Whitfield with the Augusta Boxing Club for a refund on the 2017 taxes. (Approved by Finance Committee July 10, 2018) Attachments ENGINEERING SERVICES 14.Motion to authorize condemnation to acquire title of a portion of property for permanent easement and temporary construction easement (Parcel 166-0-012-00-0) 2420 Boykin Road. (Approved by Engineering Services Committee July 10, 2018) Attachments 15.Motion to authorize condemnation to acquire title of a portion of property for permanent easement and temporary construction easement (Parcel 166-0-020-00-0) 4272 Windsor Spring Road. (Approved by Engineering Services Committee July 10, 2018) Attachments 16.Motion to authorize condemnation to acquire title of a portion of property for permanent easement and temporary construction easement (Parcel 166-0-021-00-0) 4264 Windsor Spring Road. (Approved by Engineering Services Committee July 10, 2018) Attachments 17.Motion to authorize condemnation to acquire title of a portion of property for permanent easement and temporary easement (Parcel 166-0- 014-00-0) 4257 James Drive. (Approved by Engineering Services Committee July 10, 2018) Attachments 18.Motion to approve Agreement with the Augusta Canal Authority for delivery of water through the Augusta Canal. (Referred from June 12 Engineering Services Committee) Attachments 19.Motion to approve the recommendations for enhancements to the Vacant Lot Program including the increase of fees charged and authorize the drafting of revisions to the ordinance. (Approved by Engineering Services Committee July 10, 2018) Attachments 20.Motion to approve purchase of Water Optimization Software Subscription for Augusta Utilities - Facilities Maintenance Division. (Approved by Engineering Services Committee July 10, 2018) Attachments PETITIONS AND COMMUNICATIONS 21.Motion to approve the minutes of the regular meeting of the Augusta Commission held June 28, 2018 and Special Called Meeting held July 10, 2018. Attachments APPOINTMENT(S) 22.Motion to ratify the reappointments and appointments of the Richmond County Legislative Delegation as follows: reappoint Aishia Leverett and Lawrence Washington - Augusta Port Authority; Ethion Rowe and Chris Booker - ARC Zoning Appeals Bd.; Gwen Roundtree and Lillie Hamilton - ARC Library Bd.; Cedric Johnson - Coliseum Authority; Charles Lamback - General Aviation Commission; Robert Cook and Debra Spencer - Planning Commission; Denice Traina and Charles Cummings - Transit Citizen Advisory Cmte.; Randy Wishard - Animal Control; Eugene Tanzymore, Kitty Cato and Clyde Lester - Sheriff 's Merit Board; Larry Harris and Dan Troutman - Augusta Aviation Commission. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 7/17/2018 AUGUSTA COMMISSION REGULAR AGENDA 7/17/2018 (Items 23-32) PLANNING 23. Z-18-30 – A request for reconsideration and concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below a petition by Kirk S. Laney, on behalf of Kirk S. Laney, sole member of Dixon Airline Recycling & Disposal LLC, requesting a change of zoning from Zone A (Agriculture) to Zone HI (Heavy Industry) affecting property containing approximately 21 acres and known as part of 1710 Dixon Airline Road. Tax Map 145-0-033-00-0 DISTRICT 6 1. Approval be granted for all lands on TPN 145-0-033- 00-0 currently zoned A (Agricultural) to be rezoned to HI (Heavy Industrial) to be in conformance with existing use of the land. 2. An inspection by the City of Augusta and an inspection by the Georgia EPD must be conducted on the overall site and any prior deficiencies found on the site must be corrected or remedied prior to a business license being issued by the City of Augusta for any and all operations on the site; 3. The cemetery on the property needs to be clearly delineated on any and all site plans, plats or depictions of the site, the required cemetery buffer Attachments needs to be verified, and the cemetery and the required buffer need to be adequately fenced to prevent encroachment by any of the recycling operations should the cemetery be located in these areas; 4, An undisturbed buffer similar to the one shown on the Concept Plan submitted with the rezoning request must be enforced between the proposed mining operation and the existing residential structures. In no case, can the undisturbed buffer be reduced below 100 feet in width against the residential lots and all mining activities must be performed during the normal business hours of 8:00 am to 5:00 pm. 5. No inert fill activities may take place on the site. 6. An annual inspection, as part of the annual business license renewal, shall be conducted by Augusta Code Enforcement inspectors to ensure compliance with all provisions of this zoning action. 24. Z-18-31 – A request for reconsideration and concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below a petition by Kirk S. Laney, on behalf of Kirk S. Laney, sole member of Dixon Airline Recycling & Disposal LLC, requesting a Special Exception to establish a Recycling Area for Concrete, Asphalt and Wood materials in the HI (Heavy Industrial) Zone per Section 24-2 (a) (17) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately 150 acres and known as 1710 Dixon Airline Road. Tax Map 145-0-033-00-0 DISTRICT 6 1. Approval be granted only for the areas specified for recycling on the Concept Plan presented with the zoning case, which includes an approximately 3.16 acre area for concrete recycling, an approximately 2.99 acre area for asphalt recycling and an approximately 3.35 acre area for land clearing wood debris recycling. 2. The property owner must maintain the proper permitting from EPD for the portable crusher, as long as the portable crusher is being utilized on the site. 3. The portable crusher must not be utilized outside of the areas specified for recycling on the Concept Plan, which includes an approximately 3.16 acre area for concrete recycling, an approximately 2.99 acre area for asphalt recycling and an approximately 3.35 acre area for land clearing wood debris recycling. 4. An inspection by the City of Augusta and an inspection by the Georgia EPD must be conducted on the overall site and any prior deficiencies found on the site must be corrected or remedied prior to a business license being issued by the City of Augusta for any and all operations on the site; 5. The cemetery on the property needs to be clearly delineated on any and all site plans, plats or depictions of the site, the required cemetery buffer needs to be verified, and the cemetery and the required buffer need to be adequately fenced to prevent encroachment by any of the recycling operations should the cemetery be Attachments located in these areas; 6. The Site Plan for the recycling activity must comply with any other State and Federal ordinances and regulations in effect at the time of development. 7. All recycling / production / crushing or reduction activities must be performed during the normal business hours of 8:00 am to 5:00 pm. 8. No inert fill activities may take place on the site. Concrete, asphalt and land clearing wood debris brought into the site, from offsite, shall be for recycling purposes only, and recycled or reduced materials must conform to the EPD Rule for such activities. All recycled or reduced concrete, asphalt, and land clearing wood materials shall not remain on the property indefinitely. 9. An annual inspection, as part of the annual business license renewal, shall be conducted by Augusta Code Enforcement inspectors to ensure compliance with all provisions of this zoning action. 25. Z-18-36 – A request for concurrence with the Augusta Planning Commission to approve with the conditions below a petition by James Jacobs requesting a change of zoning from Zone R-1A (One-family Residential) and Zone B-1 (Neighborhood Business) to Zone B-1 affecting property containing 1.12 acres and known as 3004 Skinner Mill Road. Tax Map 018-0-013-01-0 DISTRICT 7 1. A Traffic Impact Assessment shall be commissioned at the cost of the application to determine which, if any, roadway improvements must be made to mitigate the impact of additional traffic to and from the site. Roadway improvements, if required, by the Traffic Study or the Augusta Traffic Engineer, will be performed at the cost of the applicant. 2. The conceptual site plan submitted and evaluated is for the purpose of the current zoning action only. Issuance of development permits shall be contingent upon the submission and approval of development plans meeting all applicable development regulations. Attachments PUBLIC SERVICES 26.Discuss establishing a James Brown Museum at the old Regency Mall Site. (Deferred from the June 19, 2018 Commission Meeting requested by Commissioner Marion Williams) Attachments ADMINISTRATIVE SERVICES 27.Discuss the process for placing agenda item(s) on the Commission's Executive Session agenda. (Requested by Commissioner Marion Williams) Attachments 28.Discuss the Marshal Office's notification process for removal of junk/abandoned vehicle. (Requested by Commissioner Marion Williams) Attachments PUBLIC SAFETY 29.Motion to award RFP #18-149 to EMS Management & Consultants, Inc. and to authorize the Mayor to execute the contract with EMS Management & Consultants, Inc. (Requested by Commissioner Sammie Sias) Attachments FINANCE 30.Approve $15,000 from Contingency to fund Sand Hills Community Center Youth Program. (Requested by Commissioner Bill Fennoy)Attachments ENGINEERING SERVICES 31.Motion to approve renaming the John C. Calhoun Expressway-Veterans Expressway. (Requested by Commissioner Bill Fennoy)Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 32.Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Upcoming Meetings www.augustaga.gov Commission Meeting Agenda 7/17/2018 2:00 PM Invocation Department: Department: Caption:Reverend Roger A. Schwartz, Pastor- Our Redeemer Lutheran Church Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/17/2018 2:00 PM COA Summer Interns. Department: Department: Caption:Recognition of the City of Augusta Summer Interns. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo AGENDA ITEM REQUEST FORM commission meetings: First and third ruesdays of each monrh - 2:00 p.m.committee meetings: second and rast Tuesdays or.".r, ,onth - l:00 p.m. commission/committee: (prease check one and insert meeting date)/T Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting contact Information for Individuaupresenter Making the Request: Name: Address: Telephone Number: Fax Number: Commission Public Safety Committee Public Services Committee Administrative Services Committee Engineering Services Committee Finance Committee E-MailAddress: opic of Discussion to- be placed on the Agenda: Please send this request form Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Buitding 535 Telfair Street Augusta, GA 3090f to the following address: Telephone Number: 206-82I-1g20 Fax Number: 706-821-fBg E-Mail Address: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person snd must be received in the clerk'soffiee no later than 5:00 p-m. on the wedne"a"y p"u"Jiog trr" commission meeting and5:00 p'm' on the t1?:9", preceding the commitiee meeting of the following week A five-minute time limit will be allowed foi presentations. Commission Meeting Agenda 7/17/2018 2:00 PM June 2018 Employee of the Month. Department: Department: Caption:June 2018 Employee of the Month. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/17/2018 2:00 PM Mr. Johnny Chivers, Jr Department: Department: Caption: Mr. Johnny Chivers, Jr. regarding the renaming of the John C. Calhoun Expressway to Veterans Memorial Expressway. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo AGENDA ITEM REQUEST FORM Commission meetings: First and third Tuesdays of each month - 2:00 p.m. Committee meetings: Second and last Tuesdays of each month - 1:00 p.m. Commission/Committee: (Please check one and insert meeting date) l/ Commission Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting b-U-le Public Safety Committee Public Services Committee Administrative Services Committee Engineering Services Committee Finance Commiffee Contact Information for IndividuaVPresenter Making the Request: Name: Address: Telephone Number: Fax Number: E-Mail Address: o8ttr opic of Discussion to be- placed on the Agenda: Please send this request form to the following address: Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 Telephone Number: 7 06-821-1820 Fax Number: 706-821-1838 E-MailAddress: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk's Office no later than 9:00 a.m. on the Thursday preceding the Commission and Committee meetings of the following week. A five-minute time limit will be allowed for presentations. Commission Meeting Agenda 7/17/2018 2:00 PM Mr. John Arscott Department: Department: Caption:Presentation from Mr. John Arscott on a proposed project on Azalea and Magnolia Drives. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo AGENDA ITEM REQUEST FORM commission meetings: First and third ruesdays of each month - 2:00 p.m.committee meetings: second and last Tuesdays of each month - l:00 p.m. commission/Committee: (Please check one and insert meeting date) *Commission Public Safety Committee Public Services Committee Administrative Services Committee Engineering Services Committee Finance Committee Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Contact Information for IndividuallPresenter Making the Request: Name: )ot-tr..f Ps?$@t'( Address: Telephone Number: Fax Nurerber: E-Mail Addr" Caption/Topic of DiscussionA rctirro$ f4qhre$ to be placed on the Agenda:inc; Ao*fficle otr Please sBnd this request form to Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 the following address: Telephone Number: Fax Number: E-Mail Address: 706-821-1820 706-821-1838 nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the ClerkrsOffice no later than 9:00 a.m. on the Thursday preceding the Commission and Committee meetings of the following week. A five-minute time limit will be allowed for presentations. Commission Meeting Agenda 7/17/2018 2:00 PM Mary Tibbetts Department: Department: Caption: Ms. Mary Tibbetts, West Augusta Alliance regarding its opposition to the proposed Neighborhood Bar/Restaurant at 3004 Skinner Mill Road. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo AGENDA ITEM REQUEST FORM Commission meetings: First and third Tuesdays of each month - 2:00 p.m. Committee meetings: Second and last Tuesdays of each month - 1:00 p.m. Commission/Committee: (Please check one and insert meeting date) Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Contact Information for IndividuaUPresenter Making the Request: Name: /Dq r T 66aTt{ Address: Telephone Number: Fax Number: E-Mail Address: Caption/Topic of Discussion to be placed on the Agenda: i.\!, 7bL- 73/. ' ,rl t f @p /s,',t\ny"( a, p a,t *t a, ,/ Commission Public Safety Committee Public Services Committee Administrative Services Committee Engineering Services Committee Finance Committee Please send this request form to the following address: Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 Telephone Number: 7 06-821-1820 Fax Number: 706-821-1838 E-Mail Address: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk's Office no later than 5:00 p.m. on the Wednesday preceding the Commission meeting and 5:00 p.m. on the Tuesday preceding the Committee meeting of the following week. A five- minute time limit will be allowed for presentations. Commission Meeting Agenda 7/17/2018 2:00 PM Ms. Marcia Plunkett; Skinner Family Cemetery Department: Department: Caption: Ms. Marcia Plunkett; Skinner Family Cemetery regarding its opposition to the proposed neighborhood restaurant/bar at 3004 Skinner Mill Road. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo ,/' AGENDA ITEM REQTIEST FORM Commission meetings: First and third Tuesdays of each month - 2:00 p.m. Committee meetings: Second and last Tuesdays of each month - 1:00 p.m. Commission/Committee: (Please check one and insert meeting date) Commission Date of Meeting Public Safety Committee Date of Meeting Public Services Committee Date of Meeting Administrative Services Committee Date of Meeting Engineering Services Committee Date of Meeting Finance Committee Date of Meeting Contact Information for IndividuaUPresenter Making the Request: Name: Address: Telephone Number: Fax Number: E-Mail Address: Caption/Topic of Discussion to be Z prv. - Please send this request form Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 to the following address: Telephone Number: 7 06-821-1820 Fax Number: 70G821-1838 E-Mail Address: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk's Office no later than 5:00 p.m. on the Wednesday preceding the Commission meeting and 5:00 p.m. on the Tuesday preceding the Committee meeting of the following week. A five- minute time limit will be allowed for presentations. Commission Meeting Agenda 7/17/2018 2:00 PM Mr. Mike Samadi Department: Department: Caption: Mr. Mike Samadi regarding a Special Exception for property at 4013 Belair Road. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo AGEIYDA ITEM REQUEST FORM Commission meetings: First and third Tuesdays of eachCommittee rneetings: Second and last Tuesdays of each month - 2:00 p.m. month - 1:00 p.m. commission/committee: (please check one and insert meeting date) t Commission Public Safety Comminee Public Services Committee Administrative Services Committee Engineering Services Committee Finance Committee DateorMeeting ? 1t)f ),iy Date of Meeting_ Date of Meeting _Date of Meeting _ Date of Meeting - Date of Meeting contact lnformation for Individual/presenter Making the Request:rr !? i' \' l.Narne: .l l, /aa5) fi Telephone Number: Fax Number: E-Mail Address: Caption/Topic oI Discussion to be on the Agenda: a \,a,}-. Please send f Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 $T,fffi,-lrHilit,t "i$""1+"t't Sf,#-.{?b&"' f.{**oo S."{^t of /U s,L .1. Telephone Number: 7 06-82l-lg20 Fax Number: 706_82r-1838 a_hq"U yqg E-Mail Address: nmorawski@)augustaga.gov u Requests ma1' be I'axed, e-mailed or delivered in person and must be received in the cler.krsollice no later than 5:00 p.m. on the- Wednesday preceding the commission meeting and5:00 p'm. on the Tulsday preceding the Commitiee *eeting of the following weck. A five-minute time limit will be allowed for presentations. :*k \r/&t fi::::]lT":-::::j']-y:*_"; ll.:*h the recommendation of planning and Zoning Department. this Aclf Samadr a 5;6 Honorable comntission approved the sfiecial -Exceprion zoning for;ffiru:;",]ffir",f3il']:T#the propertl' 40 1 3 Belair Rd.- Augu.t . bg :oqoq. Hon ever, itu*ing and zoningDepartment nou,states that such zoning has expired since state approval to license did not materialized. As a landlord I have adhere to all requirements and equipment that the code. the Commission, plamringand Zoning and the Fire Marshall. In fact. I even *'ent above and beyond to make certain that all therequirements of tenanl *'ho rvould be operating the prope{, for the pCH purpose rvould be met.Unfortunatelv, I faced terrible circumstances due to1h" shad1, ano deceitful tenants, $,hose intentionsrvere not honorable. M1' first tenant - immediately after this commission's approval decided to play games and renegotiate theIease agreement do*nrrards u'ith unreasonable stipulations. when I rejected her nel offers. she sued mein the Magistrate couft of columbia county', adding to mv cost and finall1, lost the case - norr orving me$2'800 00- I have not been able to collect. 'st . t .tJur. p.op..ty from April 2016 through September2016 and then used slanderous remarks in small business g.rp, or pCH owlers. meerings. The nexl tenant. held thc property from octobe r 20l6through February 2017 andrvas finall1, evictedthrough Magistrate court of Richmond counq'- since she w'ould not proceed rvith her application andprocesses u'ith the coun6' nor the State. She had nothing but a broken recliner and a trvin bed in thispropertl and u'ould not remove them. demanding and requinng me to proceed rvith eviction. Next tenant, after initiating an agreement and holding the propeg, for three months. n.as indicted b1, statespecial task force and FBI for manv interstate transport violations as '*ell as embezzling from clients. And finalll'" the last tenant $'ho after entering into an agreement, dragged me and the property ,n,ith seriesof deception and false claims that all requirements of the countl, $,as met and approved and nerrapplication rvas proceeding u'ith the state. Then. she u,anted me to reinitiate the iease u,ith her daughterso that the daughter would be the operator and could apply for state license. Meang,hile, this person. herbo1&iend and bol'friend's brother rvere residing in this prop.q, under the false assumption that all legalsteps are proceeding as plarrned - rvanting me to forebear the rent. Horvever. her statements u,ere falseand onlr llleant to deceive me and drag my' propert), witirout an),pa)-nlents. Finallr,, it seems that thestate task force also arrested her in Februarv 201g ior improperl-v operating the personal care home.abusing the client and embezzlement. Her boyfrierrd *'orta did not release the propertl. until June 201g. wrile' these took placc during the past trvo years. I had no rental incorne, but extended cost. aggravatio,s.Itopcs that so.redal l $ould bc abls to start this propertv as a varid personal care home. yet, m' cost \\,asaccruing s,ith propertv insurance and tax. Dear commissioners: I had pav fees for the special exception application, the septic tank inspection. thefire department inspection, the Planning and Zoning inspector: asnellas. the monitoring fees - inaddition to all the costs to upgrade the propeq to meet the count' and state requirements. I sincerel' askthat do not allorv all nr1' effort go to rvaste and for me to restart this process u*uur. , ".r.irr",""o'u',"o'onthssothatlwoulrlheehlptnoAtolaaitiaa+^wflrrlq!Loperator' proceed $'ith state application and state ,pp.ouul -to get this propert), started in a right track et/r ?o6 - //L 3cY- X^..J^lG Cu*"*:(,c*^,,* Commission Meeting Agenda 7/17/2018 2:00 PM Mr. Al Gray Department: Department: Caption: Mr. Al Gray regarding “Augusta’s Wheel of Missed Fortunes.” 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: Hello Lena ! Al Gray <agray@costrecoveryworks.com> Wednesday, July 1L, 2018 11:52 AM Lena Bonner Commissioner Wayne Guilfoyle IEXTERNALI Request to Address the Augusta commission Tuesday )uly L7, 2oLg I would like to address the Augusta Commission next Tuesday, July L7 on the Topic "Augusta,s Wheel of MissedFortunes." The subject matter will relate to observations on spending controls, public policy, and contracts gathered over 7 years of being honored by the citizens of Augusta with the privilege of serving them from the outside. lf you would place me and my topic upon the agenda for the meeting, I would be honored, as I have been over the last 7years by your wonderful diligence with all of my previous requests. Please advise me whether or not I am on. Thank you. Regards, AI M. Gray President Cost Recovery Works, lnc. 2573 Salem Church Road Lincolnton, GA 30817 Phone: (706)799-7525 Fax: (706)359-3122 Email: Mailto:aorav@costrecovervworks.com Webs ites : www.costrecoveruworks.com www.constructionaud its.com Commission Meeting Agenda 7/17/2018 2:00 PM Final Plat - Manchester Section 8-A Department:Planning and Development Department:Planning and Development Caption: Final Plat – Manchester Section 8-A – S-866-A – A request for concurrence with the Augusta Planning Commission to approve a petition by Southern Partners Inc., on behalf of COEL Development Co., requesting final plat approval for Manchester Section 8-A. This residential subdivision is located on Ken Miles Drive and contains 37 lots. DISTRICT 4 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/17/2018 2:00 PM Final Plat - Southampton Section 6 Department:Planning and Development Department:Planning and Development Caption: Final Plat – Southampton Section 6 – S-867 – A request for concurrence with the Augusta Planning Commission to approve a request by Southern Partners Inc., on behalf of COEL Development Co., requesting final plat approval for Southampton Section 6. This residential subdivision is located at Windsor Spring Road and Inverness Drive and contains 53 lots. DISTRICT 4 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/17/2018 2:00 PM Z-18-35 Department:Planning and Development Department:Planning and Development Caption: Z-18-35 – A request for concurrence with the Augusta Planning Commission to approve with the conditions below a petition by William J. Palladino, on behalf of Augusta Land Bank, requesting a change of zoning from Zone R-1 and Zone B-1 (Neighborhood Business) to Zone R-2 (Two-family Residential) affecting property containing 0.28 acres and known as 1110 Florence Street and 1301 and 1305 Eleventh Street. Tax Map 059-2-175-00-0, 059-2-176-01-0, and 059-2- 176-00-0 DISTRICT 1 1. Provide an access easement for the proposed shared driveway and parking spaces as part of the plat recording for the newly created lots. 2. Provide landscaping that is similar to the illustration shown on the concept plan date received on 5/31/2018. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Clerk of Commission Cover Memo Commission Meeting Agenda 7/17/2018 2:00 PM ADOPT 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE, AND GEORGIA AMENDMENTS Department:Planning & Development Department:Planning & Development Caption:Motion to approve adopting by reference the International Property Maintenance Code 2012 Edition and Georgia Amendments, with the exclusion of (IPMC) Chapter I Administration and Enforcement; and request approval to adopt International Property Maintenance Code Administration and Enforcement, Sections 7-1-140.1 through 7-1-153.2. (Approved by Public Services Committee July 10, 2018) Background:The Georgia Department of Community Affairs (DCA) administers the Construction Codes, both the mandatory and optional Codes. DCA adopted the IPMC 2012 Edition with an effective date of January 2015. The International Property Maintenance Code is an optional code that local governments may choose to adopt. When adopting the code, Chapter I is not adopted by reference but is adopted by ordinance so that it can be tailored to the local government’s needs. Analysis:The adoption of the IPMC 2012 Edition and Georgia Amendments will provide codes for regulating property maintenance. In addition, Chapter I Administration and Enforcement, includes a section that provides a penalty for re- occupying a property prior to correcting identified code violations. Financial Impact:N/A Alternatives:Do not approve. Recommendation:Approve N/A Cover Memo Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 7 CHAPTER 1, SECTION 7-1-16, TO ADOPT THE INTERNATIONAL PROPERTY MAINTENANCE CODE 2012 EDITION, THAT PROVIDES REGULATIONS FOR GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES; BY PROVIDING THE STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO ENSURE THAT STRUCTURES ARE SAFE SANITARY AND FIT FOR OCCUPATION AND USE; AND THE CONDEMNATION OF BUILDINGS AND STRUCTURES UNFIT FOR HUMAN OCCUPANCY AND USE, AND THE DEMOLITION OF SUCH EXISTING STRUCTURES; 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. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT ALL PROPERTY OWNERS WITHIN THE JURISDICTION SHALL COMPLY WITH THE PROVISIONS OF THE AUGUSTA, GA CODE, AS FOLLOWS: SECTION 1. TITLE 7, CHAPTER 1, ARTICLE 2, STRUCTURAL STANDARDS AND REQUIREMENTS, SECTION 7-1-16 TECHNICAL CODES – ADOPTED BY REFERENCE, IS HEREBY AMENDED BY DELETING GEORGIA OPTIONAL CODES - INTERNATIONAL PROPERTY MAINTENANCE CODE 2003 EDITION IN ITS ENTIRETY, AND GEORGIA OPTIONAL CODES - INTERNATIONAL PROPERTY MAINTENANCE CODE 2012 EDITION AND CURRENT GEORGIA AMENDMENTS (WITH THE EXCLUSION OF IPMC CHAPTER 1 ADMINISTRATION AND ENFORCEMENT) ARE HEREBY INSERTED BY REFERENCE TO REPLACE THE REPEALED CODE AS SET FORTH IN “EXHIBIT A” HERETO. SECTION 2. TITLE 7, CHAPTER 1, IS HEREBY AMENDED BY ADDING ARTICLE 8, INTERNATIONAL PROPERTY MAINTENANCE CODE, ADMINISTRATION AND ENFORCEMENT, SECTION 7-1-140.1 THROUGH SECTION 7-1-153.2, AS SET FORTH IN “EXHIBIT B” HERETO. SECTION 3. That if any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Augusta, Georgia Commission hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 4. That nothing in this legislation or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 1 of this law; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation. SECTION 5. This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2018. __________________________ 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 ________________, 2012 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission EXHIBIT A ARTICLE 2. STRUCTURAL STANDARDS AND REQUIREMENTS Sec. 7-1-16. Technical codes—Adopted by reference. Georgia Optional Codes International Property Maintenance Code , 2003 Edition International Property Maintenance Code , 2012 Edition (AND GEORGIA AMENDMENTS) EXHIBIT B ARTICLE 8 INTERNATIONAL PROPERTY MAINTENANCE CODE ADMINISTRATION AND ENFORCEMENT PART 1 SCOPE AND ADMINISTRATION Section 7-1-140.1 Title. These regulations shall be known as the International Property Maintenance Code of Augusta, Georgia, hereinafter referred to as “this code”. Section 7-1-140.2 Scope. The provisions of this code shall apply to all existing residential and on residential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. Section 7-1-140.3 Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Section 7-1-140.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. APPLICABILITY Section 7-1-141.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern. Section 7-1-141.2 Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner’s designated agent shall be responsible for the maintenance of buildings, structures and premises. Section 7-1-141.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy and all other work shall be done in accordance with the procedures and provisions of the International Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, International Plumbing Code and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Comprehensive Zoning Ordinance. Section 7-1-141.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and insanitary. Section 7-1-141.5 Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer’s instructions. Section 7-1-141.6 Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare. Section 7-1-141.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 7-1- 141.7.1 and 7-1-141.7.2. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply. Section 7-1-141.7.1 Conflicts. Where conflicts occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Section 7-1-141.7.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard. Section 7-1-141.8 Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official. Section 7-1-141.9 Application of references. References to chapter or section numbers, or to provisions not specifically identi-fied by number, shall be construed to refer to such chapter, section or provision of this code. Section 7-1-141.10 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. PART 2 ADMINISTRATION AND ENFORCEMENT Section 7-1-142.1 General. The Augusta Planning and Development Department administers the IPMC and the Department Director or his appointee shall be known as the code official. Section 7-1-142.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction. Section 7-1-142.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy(s). Such employees shall have powers as delegated by the code official. Section 7-1-142.4 Liability. The code official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and with-out malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted. Section 7-1-142.5 Fees. A re-inspection fee of fifty dollars ($50.00) will be assessed to the person responsible for the code violation. The responsible person may be the property owner or tenant. The fee is to be paid to the Planning & Development Office to help fund the cost of performing a re-inspection for code compliance. In the event the person responsible for the code violation is issued a citation to appear in Magistrate Court, the Court will be requested to collect the re-inspection fee(s) for the Planning & Development Department. (Ordinance No. 7556) Section 7-1-142.6 Reoccupying structure without code compliance. A vacant structure under notice of code violations cannot be occupied until the violations are corrected, inspected by the code official, and the property is released for occupancy. The person responsible for the property and allowing the property to be reoccupied prior to code compliance will be assessed a $500.00 fee. The fee will be paid directly to the Planning & Development Department, or the fee will be collected by the Magistrate court in addition to the penalties the Court may impose as provided for in Augusta Code Section 1-6-1. DUTIES AND POWERS OF THE CODE OFFICIAL SECTION 7-1-143.1 General. The code official is hereby authorized and directed to enforce the provisions of this code. The code approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. SECTION 7-1-143.2 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry. SECTION 7-1-143.3 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. SECTION 7-1-143.4 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code. SECTION 7-1-143.5 Department records. The code official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records for the period required for retention of public records. APPROVAL SECTION 7-1-144.1 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases upon application of the owner or owner’s representative, provided the code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files. SECTION 7-1-144.2 Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. SECTION 7-1-144.3 Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction. SECTION 7-1-144.3.1 Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency. SECTION 7-1-144.3.2 Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records. SECTION 7-1-144.4 Used material and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved by the code official. SECTION 7-1-144.5 Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval. SECTION 7-1-144.6 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. VIOLATIONS SECTION 7-1-145.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. SECTION 7-1-145.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 107. SECTION 7-1-145.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 7-1-146 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. [SECTION 7-1-145.4 Violation penalties. 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 trial as a misdemeanor and conviction, shall be subject to the penalties provided in Sec. 1-6-1 and in addition to other fees that may be assessed. SECTION 7-1-145.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. NOTICES AND ORDERS SECTION 7-1-146.1 Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 7-1-146.2 and 7-1-146.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 7-1-147.3. SECTION 7-1-146.2 Form. Such notice prescribed in Section 7-1-146.1 shall be in accordance with all of the following: 1. Be in writing. 2. Include a description of the real estate sufficient for identification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code. 5. Inform the property owner of the right to appeal. 6. Include a statement of the right to file a lien in accordance with Section 7-1-145.3. SECTION 7-1-146.3 Method of service. Such notice shall be deemed be properly served if a copy thereof is: 1. Delivered personally. 2. Sent by certified or first-class mail addressed to the last known address; or 3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. SECTION 7-1-146.4 Unauthorized tampering. Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or removed without authorization from the code official. SECTION 7-1-146.5 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 7-1-145.4. SECTION 7-1-146.6 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. UNSAFE STRUCTURES AND EQUIPMENT SECTION 7-1-147.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code. SECTION 7-1-147.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. SECTION 7-1-147.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or, safety of the public or occupants of the premises or structure. SECTION 7-1-147.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. SECTION 7-1-147.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law. SECTION 7-1-147.1.5 Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous: 1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings. 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. 3. Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged. 4. Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value. 5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way. 6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. 8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any aw or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety. 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 10. Any building or structure, because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health. 11. Any portion of a building remains on a site after he demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public. SECTION 7-1-147.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. SECTION 7-1-147.2.1 Authority to disconnect service utilities. The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 7-1-141.7 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter. SECTION 7-1-147.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 7-1-146.3. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 7-1-146.2. SECTION 7-1-147.4 Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word “Condemned” and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. SECTION 7-1-147.4.1 Placard removal. The code official shall remove the condemnation placard henever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code. SECTION 7-1-147.5 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. SECTION 7-1-147.6 Abatement methods. The owner, operator or occupant of a building, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. SECTION 7-1-147.7 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition. EMERGENCY MEASURES SECTION 7-1-148.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. SECTION 7-1-148.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. SECTION 7-1-148.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close,,or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. SECTION 7-1-148.4 Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. SECTION 7-1-148.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. SECTION 7-1-148.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. DEMOLITION SECTION 7-1-149.1 General. The code official shall order the owner of any premises upon which is located any structure, which in the code official judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the code official shall order the owner to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the building official. SECTION 7-1-149.2 Notices and orders. All notices and orders shall comply with Section 7-1- 146.1. SECTION 7-1-149.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. SECTION 7-1-149.4 Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject, to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. MEANS OF APPEAL SECTION 7-1-150.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Construction Advisory Board (Augusta Georgia Code, Title 7, Article 4 Construction Advisory Board, Section 7-1-46 through 7-1-57. ), provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. SECTION 7-1-150.2 Notice of meeting. The board shall meet upon notice from the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings. SECTION 7-1-150.3 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant’s representative, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of a minimum of two- thirds of the board membership. SECTION 7-1-150.4 Procedure. The board shall adopt and make vailable to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. SECTION 7-1-150.5 Postponed hearing. When the full board is not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request a postponement of the hearing. SECTION 7-1-150.6 Board decision. The board shall modify or reverse the decision of the code official only by a concurring vote of a majority of the total number of appointed board members. SECTION 7-1-150.6.1 Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official. SECTION 7-1-150.6.2 Administration. The code official shall take immediate action in accordance with the decision of the board. SECTION 7-1-150.7 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer. SECTION 7-1-150.8 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the appeals board. STOP WORK ORDER SECTION 7-1-151.1 Authority. Whenever the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. SECTION 7-1-151.2 Issuance. A stop work order shall be in writing and shall be given to the owner of the property, to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. SECTION 7-1-151.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. SECTION 7-1-151.4 Failure to comply. Any person who shall continue any work after having been served with a stop worker order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of an offense and, upon trial as a misdemeanor and conviction, shall be subject to the penalties provided in Augusta Code, Sec. 1- 6-1 and in addition to other fees that may be assessed. GENERAL REQUIREMENTS SECTION 7-1-152.1 Weeds (Section 302.4. Weeds.) All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided, however, this term shall not include cultivated flowers and gardens. MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 7-1-153.1 Heat Supply (Section 602.3.Heat Supply.) Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. SECTION 7-1-153.2 Occupiable Work Spaces (Section 602.4. Occupiable Work Spaces.) Indoor occupiable workspaces shall be supplied with heat during applicable calendar months to maintain a minimum temperature of 65°F (18°C) during the period spaces are occupied. Commission Meeting Agenda 7/17/2018 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location Application: A. N. 18- 25: request by In Sun Kim for a retail package Beer &Wine License to be used in connection with Coliseum located at 808 11th Street. District 1. Super District 9. (Approved by Public Services Committee July 10, 2018) Background:This is a New Location Application. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. Alternatives: Recommendation:Staff reserves its recommendation pending further discussion and/or dissemination of additional information during the Public Services Committee meeting. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Law Administrator Clerk of Commission Cover Memo Commission Meeting Agenda 7/17/2018 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location Application: A.N. 18-26: request by Kaswania Keith for an on premise consumption Liquor & Beer License to be used in connection with Chipotle Mexican Grill located at 229 Robert C. Daniel Jr. Pkwy, Unit A. There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee July 10, 2018) Background:This is a New Location Application. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $3,115.00 Alternatives: Recommendation:Staff reserves its recommendation pending further discussion and/or dissemination of additional information during the Public Services Committee meeting. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY:Cover Memo Law Administrator Clerk of Commission Cover Memo Commission Meeting Agenda 7/17/2018 2:00 PM ALCOHOL ORDINANCE AMENDMENT Department:Planning & Development Department:Planning & Development Caption:Motion to approve an amendment to the Augusta, Georgia Code Title 6, Chapter 2, Article 1, Alcoholic Beverages, Section 6-2- 15 Sunday Sales effective upon approval of a referendum to provide for the sale of alcohol on Sundays beginning at 11:00 A.M. in accordance with Senate Bill 17. (Approved by Public Services Committee July 10, 2018) Background:At the Augusta Commission meeting on June 19, 2018, the Commission approved requesting a referendum to approve changes to the alcohol regulations so as to allow for the sale of alcohol on Sundays beginning at 11:00 A.M. in accordance with Senate Bill 17, and authorized staff to bring back an ordinance to this effect for consideration. Analysis:Senate Bill 17 approved alcohol sales to begin at 11:00 A.M. in certain defined businesses upon approval of a referendum and ordinance amendment…. Once the referendum is officially approved for a change in hours for Sunday sales, the approval of this agenda item will be effective. Financial Impact:N/A Alternatives:Do not approve. Recommendation:Approve Funds are Available in the Following Accounts: N/A Cover Memo REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6, CHAPTER 2, ARTICLE 1, ALCOHOLIC BEVERAGES, SECTION 6-2-15 SUNDAY SALES UPON APPROVAL OF A REFERENDUM TO PROVIDE FOR THE SALE OF ALCOHOL ON SUNDAYS BEGINNING AT 11:00 A.M. IN ACCORDANCE WITH SENATE BILL 17; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO WAIVE THE SECOND READING; 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 ALCOHOL SALES ON SUNDAYS AS PROVIDED FOR IN SENATE BILL 17 SHALL COMPLY WITH THE A PROVISIONS OF THE AUGUSTA, GA CODE, AS FOLLOWS: SECTION 1. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-15 Sunday Sales, is hereby amended by deleting this section in its entirety, AND new Section 6-2-15 is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 10. This ordinance shall become effective upon approval of the referendum. SECTION 11. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2018. __________________________ 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 ________________, 2018 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: _________________________ WAIVE SECOND READING “EXHIBIT A” Sec. 6-2-15. Sunday Sales. (a) The sale of alcoholic beverages is authorized for consumption on-premises in eating establishments, or inns, as defined herein, on Sundays between the hours of 12:30 p.m. 11:00 AM and 2:00 a.m. Monday. Where the sale of alcoholic beverages is in conjunction with the sale of food, the aforesaid hours of sale shall be applicable only to the sale of alcoholic beverages and not applicable to the sale of food; provided however, no alcoholic beverage shall be allowed to remain on any bars, tables, or be in possession of patrons after 2:30 a.m. Monday, and the inventory of alcoholic beverages must be secured as described in section 6-2-17 of this Ordinance. For the purpose of this subsection, eating establishment shall mean an establishment which is licensed to sell alcoholic beverages for consumption on the premises and which derives at least fifty (50) percent of its total annual gross food and beverages sales from the sale of prepared meals or food, and shall further mean a restaurant meeting criteria for license eligibility provided in section 6-2-52. For the purpose of this subsection, inn means an establishment which is licensed to sell alcoholic beverages and which derives at least fifty (50) percent of its total annual gross income from the rental of rooms for overnight lodging. (b) The Augusta-Richmond County Commission recognizes the value of the Masters Tournament to tourism and recruitment of industry and business to Augusta, Georgia: that entertainment of visitors to Augusta during the Masters Tournament, including the Sunday immediately preceding the Masters Tournament and the Sunday of the Masters Tournament is an important resource to Augusta; and that allowing “eating establishments” and “inns”, that are not otherwise licensed for Sunday sales, to sell alcoholic beverages on the Sunday immediately preceding the Masters Tournament and the Sunday of the Masters Tournament enhance the ability of Augusta to attract tourism, economic development, and industry and businesses. Therefore, “eating establishments” and “inns” as provided in subparagraph (a) hereof, shall be allowed to secure a special license authorizing the sale of alcoholic beverages, for which they are otherwise licensed, on the Sunday immediately preceding the Masters Tournament and the Sunday of the Masters Tournament. The fee for such permit shall two hundred dollars ($200.00) per Sunday , and application for same must be made as provided in Augusta-Richmond County Code § 6-2- 77 at least thirty (30) days in advance of the such event. The license provided for herein shall be in addition to any other license granted under Augusta-Richmond County Code § 6-2-77 or any other section of this Chapter. (c) Policy Statement. The intent of this Sunday Sales Ordinance is to allow those full service restaurants that serve the public to sell alcoholic beverages with the meals on Sunday. It is not the intent of this Ordinance to encourage neighborhood taverns and bars to serve alcoholic beverages on Sunday via the mechanism of serving incidental meals on Sunday. Commission Meeting Agenda 7/17/2018 2:00 PM Central Business District - Proposed Parking Options Department:Planning & Development Department:Planning & Development Caption:Motion to approve referring this matter to the Augusta Planning Commission for consideration and to keep the Parking Task Force informed about the issue regarding consideration of parking options, requirements, issues and solutions for businesses that desire to open in the Central Business District. (Approved by Public Services Committee July 10, 2018) Background:At the June 12, 2018 Public Services Committee meeting the Planning & Development department was directed to provide options for parking concerns in the Central Business District. Analysis:The regulations for off-street parking requirements for the Central Business District (CBD) are in the Comprehensive Zoning Ordinance. • The CBD is defined as the area from the Levee Road from Gordon Highway to Fifteenth Street; Fifteenth Street from Levee Road to Greene Street, Greene Street from Fifteenth Street to Thirteenth Street, Thirteenth Street from Greene Street to Telfair Street, Telfair Street from Thirteenth Street to Gordon Highway, and Gordon Highway from Telfair Street to Levee Road. • Public or semipublic parking lots and garages available for general use and metered parking spaces within 300 feet of the proposed use may be applied toward the total off-street parking spaces needed. • All provisions set forth in Section 4-1 and 4-2 shall apply to the area described as the CBD, with the exceptions provided for in Section 4-3 c (1-4). • The Planning Commission may, at its discretion, reduce the minimum number of parking spaces required for a specific use by Section 4-3(c) provided that sufficient evidence is presented justifying the need for a reduction in the requirements and every effort has been made to provide off-street parking in accordance with the stipulations of this section. • Reduction in Number of Required Off-Street Loading Spaces. The Planning Commission may, at its discretion, reduce the minimum number of loading spaces required for a specified use by Section 4-5(a) through 4-5 Cover Memo (e) above provided that sufficient evidence is presented justifying the need for reduction in the requirements and every effort has been made to provide off-street loading in accordance with the stipulations of this section. • Currently: Nonconforming Parking and Loading Spaces: Any building lawfully in use on February 4, 1974, shall constitute a nonconforming use with regard to parking. Any enlargement of a nonconforming building or expanded use of a nonconforming building must provide the required parking for the additional area or use. o The requirement is that any enlargement of a nonconforming building or an expanded use of a nonconforming building must provide the required parking either on-site, public parking areas or leased parking spaces. Any new building is required to provide parking onsite. o Except in the case of a new building and parking provided on site, the parking requirement for expanded use of a nonconforming building is not enforceable. OPTIONS for CONSIDERATION 1. Nonconforming Parking – Central Business District: Any building existing on February 4, 1974 shall constitute a nonconforming use with regard to parking. The increased square footage of the nonconforming structure and/or the construction of a new building will require on-site parking compliance with the parking regulations for the new square footage area. (Expanded use within the existing square footage does not require parking requirement.) 2. Central Business District: All uses are exempt from the parking requirements (includes existing structures, additions, new structures, and expanded uses). However, prior to issuance of any building permit for a new building, additional square footage for an existing building, or the expanded use of an existing building, the applicant shall submit to the Planning & Development Department Director an estimate of the parking requirements that the new building, expanded building, or expanded use is expected to generate, and an indication of where or how that parking will be provided. Applicants, for projects that may generate the need for forty (40) or more parking spaces, that cannot provide how parking needs will be accommodated will be denied building permits. The applicant may appeal the permit denial to the Planning Commission. 3. Central Business District: all uses are exempt from the parking requirement, including existing buildings, additions, new structures, and expanded uses. 4. Central Business District: all uses, including existing structures, additions, new structures, and expanded uses, are temporarily exempt from the parking requirement until the Parking Management Plan is implemented. PARKING MANAGEMENT PLAN 1. The success of either Option 1, Option 2, or Option 3 is dependent on the implementation of a Parking Management Plan. Financial Impact:N/A Alternatives:N/A Cover Memo Recommendation:Option #2 Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo PROPOSED PARKING CENTRAL BUSINESS DISTRICT Current Parking Requirements: * Building in use on Feb. 4, 1974 shall constitute a nonconforming use with regard to parking. *Any enlargement or expanded use of a nonconforming building must provide required parking for the additional area. * New building provides onsite parking Option 1: * Building in use on Feb. 4, 1974 shall constitute a nonconforming use with regard to parking. *Any enlargement or expanded use of a nonconforming building must provide required parking for the additional area. * New building provides onsite parking Option 2: * All uses are exempt from the parking requirements (includes existing structures, additions, new structures, and expanded uses). * Provide how parking will be accommodated for new building, additional square footage to existing building, or expanded use of an existing building. * Permits will be denied for projects that will generate a need for 40 or more parking spaces if the applicant cannot provide how parking will be accommodated. * Denied projects may be appealed to the Planning Commission. Option 3: * Existing buildings, additions, new structures, and expanded uses are exempt from parking requirements. Option 4: * All uses, including existing structures, additions, new structures, and expanded uses, are temporarily exempt from the parking requirement until the Parking Management Plan is implemented. The success of either Option 1, Option 2, or Option 3 is dependent on the implementation of a Parking Management Plan. Commission Meeting Agenda 7/17/2018 2:00 PM Cooperative Agreement FY2018 with CSRA Regional Commission for Senior Nutrition Services Department:Recreation and Parks Department:Recreation and Parks Caption:Motion to approve Amendment #2 to Cooperative Agreement FY2018 with CSRA Regional Commission for Senior Nutrition Services for Augusta, GA. (Approved by Public Services Committee July 10, 2018) Background:Augusta, GA operates, through the Recreation and Parks Department, six senior nutrition sites throughout the county through a partnership with the CSRA Regional Commission which provides state and federal grant funds to provide meals to Senior.Citizens including the home delivery program. Analysis:The amendment provides a reduction of $8,000 for Augusta, Georgia. Financial Impact:Augusta’s match will decrease $889 for FY 2018. Alternatives:1. To approve Amendment #2 to Cooperative Agreement FY2018 with CSRA Regional Commission for Senior Nutrition Services for Augusta, GA. 2. To deny, this would result in forfeiting grant funds and possibly terminating the program. Recommendation:To approve Amendment #2 to Cooperative Agreement FY2018 with CSRA Regional Commission for Senior Nutrition Services for Augusta, GA Funds are Available in the Following Accounts: 220054322 Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo CnNrru,r Sava,nugaru Rrunn Annt Rnctoxl,t CoupttssloN 3626Walton Way Extension, Suite 300 Augusta, GA30909-6421 (70q 21A-2000 . FAX (706) 210-2006 www.csrarc.ga.gov @ LENDTNG Counties Served: Burke Columbia Glascock Hancock Jefferson Jenkins Lincoln McDuffie Richmond Taliaferro Warren Washington Wilkes Contract Memorandum To: From: Cc: CSRA Subcontractors Andy Crosson, Executive nirecter\ Jeanette Cummings, Director, CSRA Alh Jennifer Sankey, AJav\ Fiscal Manager Jackie Ha:ris, Contracts Manager June 4, 2018 Amendment to FY 2018 Contract/Cooperative Agreement Date: Subj: Enclosed are two copies of an amendment to your FY 2018 contract. Please sign both copies and return for further processing. After the review of the changes, if you have questions, contact Jackie Harris at (706)'210- 2012. Thank you for your commitment to quality Aging services for the residents of the CSRA. CiRTlFltD {t" For information on rhe Area Agency on Aging (AAA), a division of the CSRA Regional Commission, &fubd cafl (706) 210-201g or toll free (and TDD) l-866-552-4464. The AAr{ is your "Gateway to Community Resources" for seniors and individuals with disabilities'E;: ,,itJffi{:$ :#,'*?K,#;:':'::',T";K;;::,Y;:;!l;:;:!,fifJIii;."s FROM: DATE: TO: REF: Title III C1 Local Match Title III C-2 Local Match AoA NSI Home-Delvd NSI - State Home-Delvd NSI - SSBG Home-Delvd $ 195,499 21,722 25,298 2,81r 21,764 128,813 40,790 (8,000) (88e) -0- -0- -0- -0- -0- $ 187,499 20,933 25,298 2,8TT 21,764 128,813 40,790 CSRA REGIONAL COMNIISSION 3626Walton Way Ext., Ste.300 Augusta, Georgia 30909 Andv Crosson. Executive Director. CSRA RC April 1.2018 Auzusta. GA. a political sub-division of the State of Georeia Amendment #2 to Cooperative Asreement FY 2018 Contract Amendments: Changes in this contract, including any increase or decrease in the amount of the Subgrantee's compensation, shall be incorporated in written amendments to this contract. Amendments to this contract may be executed on behalf of CSRA RC only by the CSRA RC's Executive Director. This amendment transmits the following contract amendment on the contract referenced above: FUND CURRENT AMOUNT OF REVISEDSOURCE BUDGET CHANGE (+/.) BUDGET Total $ 436,697 (8,889)$ 427,808 CSRA Regional Commission 3023 Riverwatch Parkway Augusta, Georgia 30907 Augusta, Georgia, a political sub-division of the State of Georgia 530 Greene St. Augusta, Georgia 30901gv,U Title: Exg Date: By: -Title: Date Amendments- Cooperative Agreement FY 2018 Commission Meeting Agenda 7/17/2018 2:00 PM Entertainment District Overlay Department: Department: Caption:Motion to approve appointing a subcommittee with Commissioner Sean Frantom as Chair and representatives from the DDA, the Sheriff's Office, the Mayor's Office, CVB, Administrator's Office, Parks & Recreation Dept. and business owners to meet and discuss creating an entertainment district as an overlay zone. ·The area to be considered for the entertainment district. ·What is the purpose of the entertainment district. 1) Alcoholic beverages outside of premises 2) Tables & chairs in front of bars 3) Etc. (Approved by Public Services Committee July 10, 2018) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Cover Memo Lena Bonner From: Sent: To: Subject: Ms. Bonner, Commissioner Sean Frantom Tuesday, July 03, 2018 9:28 AM Lena Bonner; Commissioner Wayne Guilfoyle; Robert H. Sherman Agenda Item for Next Week - public Services Please add this item to the public services agenda next week - Motion to appoint a subcommittee to meet and discuss creating an entertainment district as an overlay zone.o The area to be considered for the entertainment district.o What is the purpose of the entertainment district.o Alcoholic beverages outside of premises o Tables & chairs in front of barso Etc. Thank you, Sean Frantom Commissioner District 7 (706)s64-1663 sfra ntom @a ugustaga. gov Please consider the environment before printing this email. distribute or copy this e-mail. Piease notity ihe sencler irnmediately by e-mait if you have received this e-mail by mistake and delete this e-mail f.om your system.The ctJv of Augusta accepts no liab'ility ior the contenl of lhis e-miil or for the "tnr"l,i*r1or of any actions ta(en on the trasis of the infomation provided, unlessthat information is subsequently conf,rnred in writing. Any views or opifions presented in this e-mail ar solelv those of the author and do not necessarily represent a result of the e-rnail transmission. lf verification is required, p,ease.equest a naio copy version.AED:104.1 Commission Meeting Agenda 7/17/2018 2:00 PM Mead and Hunt Aviation Consulting Services Contract Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve Mead and Hunt Aviation Consulting Services Contract. (Approved by Public Services Committee July 10, 2018) Background:If approved, Mead and Hunt will continue providing a myriad of Airport/Aviation Consulting and Management services that includes engineering, construction management, design, planning, environmental, etc. In AGS’ current staffing model, this consultancy is crucial for the execution of the Airport’s Development and Capital Improvement Program (CIP).Per Federal Aviation Administration (FAA) requirements, these types of services are required to be competitively solicited at least every five (5) years.In December 2017, the Airport resolicited, via request for qualifications, for Aviation Consulting Services. The Airport received five (5) compliant bids and, through the evaluation process, Mead and Hunt scored highest. On March 29 and April 26, 2018, the Aviation Commission approved two separate sixty (60) day agreements with Mead and Hunt to allow contractual continuity while staff continued through the negotiation phase. Analysis:The operational terms of the new agreement essentially replicate those of the previous agreement. The overall rates for services reflect a nominal Consumer Price Index (CPI) increase since the most recent adjustment in 2016. The new agreement also captures some positional changes reflective of Mead and Hunt’s current staffing model as well as the Airport’s needs. The unit costs for these services are also reviewed and kept on file with the FAA’s District Office and, as part of their review, they ensure consistency with industry and regional standards Financial Impact:Attachment Provided Cover Memo Alternatives:To Deny Recommendation:Airport Commission and Staff recommends Approval. Funds are Available in the Following Accounts: The City and Airport intend to partially fund projects with aid from the FAA, AIP Program, GDOT, CFC's and PFC's. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo AVI East Billing Rates 2016 v 2018 comparison.xlsx Overhead Rate 1.8387 Overhead Rate 1.8361 Fixed Fee 15.0%Fixed Fee 15.0% 2016 Billing Classification 2016 Max Labor Rate 2016 Max Billing Rate 2018 Billing Classification 2018 Max Labor Rate 2018 Billing Rate 2016 Rate vs. 2018 Rate Clerical $19.60 $64.00 Clerical, Accounting $21.00 $69.00 7.8% Administrative Assistant - - Administrative Assistant $28.00 $92.00 - Technical Editor - - Technical Editor $26.00 $85.00 - Surveyor - - Surveyor $38.00 $124.00 - CADD Technician $27.88 $91.00 Technician I, Technical Writer $22.00 $72.00 ‐21% Technician II, Surveyor - - Technician II, Surveyor $27.00 $89.00 ‐ Technician III - - Technician III $31.00 $102.00 ‐ Technician IV - - Technician IV $35.00 $115.00 ‐ Sr Engineering Technician $36.45 $119.00 Sr Technician $38.00 $124.00 4% Engineer I, Scientist I, Architect I, Planner I - - Engineer I, Scientist I, Architect I, Planner I $28.00 $92.00 ‐ Structural Engineer I $33.39 $109.00 Engineer I, Scientist I, Architect I, Planner I $28.00 $92.00 ‐16% Engineer II, Scientist II, Architect II, Planner II - - Engineer II, Scientist II, Architect II, Planner II $34.00 $111.00 ‐ Civil Engineer II $28.49 $93.00 Engineer II, Scientist II, Architect II, Planner II $34.00 $111.00 19% Airport Planner II $30.33 $99.00 Engineer II, Scientist II, Architect II, Planner II $34.00 $111.00 12% Engineer III, Scientist III, Architect III, Planner III - - Engineer III, Scientist III, Architect III, Planner III $37.00 $121.00 ‐ Civil Engineer III $35.53 $116.00 Engineer III, Scientist III, Architect III, Planner III $37.00 $121.00 4% Structural Engineer III $39.82 $130.00 Engineer III, Scientist III, Architect III, Planner III $37.00 $121.00 ‐7% Airport Planner III $37.37 $122.00 Engineer III, Scientist III, Architect III, Planner III $37.00 $121.00 ‐1% Sr Engineer, Sr Scientist, Sr Architect, Sr Planner, Sr Economist $42.58 $139.00 Sr Engineer, Sr Scientist, Sr Architect, Sr Planner, Sr Economist $42.00 $137.00 ‐1% Sr Electrical Engineer $42.58 $139.00 Sr Engineer, Sr Scientist, Sr Architect, Sr Planner, Sr Economist $42.00 $137.00 ‐1% Sr Airport Planner $57.59 $188.00 Sr Engineer, Sr Scientist, Sr Architect, Sr Planner, Sr Economist $42.00 $137.00 ‐27% Sr Environmental Planner $42.58 $139.00 Sr Engineer, Sr Scientist, Sr Architect, Sr Planner, Sr Economist $42.00 $137.00 ‐1% Sr Structural Engineer $54.83 $179.00 Sr Engineer, Sr Scientist, Sr Architect, Sr Planner, Sr Economist $42.00 $137.00 ‐23% Proj Engineer, Proj Scientist, Proj Architect, Proj Planner - - Proj Engineer, Proj Scientist, Proj Architect, Proj Planner $50.00 $164.00 ‐ Proj Architect $40.74 $133.00 Proj Engineer, Proj Scientist, Proj Architect, Proj Planner $50.00 $164.00 23% Sr Proj Engineer, Sr Proj Scientist, Sr Proj Architect, Sr Proj Planner $43.80 $143.00 Sr Proj Engineer, Sr Proj Scientist, Sr Proj Architect, Sr Proj Planner $60.00 $196.00 37% Sr Proj Engineer $43.80 $143.00 Sr Proj Engineer, Sr Proj Scientist, Sr Proj Architect, Sr Proj Planner $60.00 $196.00 37% Sr Proj Architect $45.33 $148.00 Sr Proj Engineer, Sr Proj Scientist, Sr Proj Architect, Sr Proj Planner $60.00 $196.00 32% Principal, Sr Associate $67.70 $221.00 Principal, Sr Associate $70.00 $229.00 4% Project Manager $51.46 $168.00 Project Manager - - Mead & Hunt's billing rate schedule is supplied on the understanding that it will be held confidential and not disclosed to third parties without prior written consent. MEAD & HUNT, INC. 2016 BILLING RATES vs. PROPOSED 2018 BILLING RATES COMPARISON Mead & Hunt, Inc. Confidential 4/11/2018 Page 1 Commission Meeting Agenda 7/17/2018 2:00 PM Animal Services Exterior Restoration Department:Central Services - Facilities Maintenance Department:Central Services - Facilities Maintenance Caption:Motion to approve bid award of contract to Midwest Maintenance of Augusta to restore the integrity of the exterior building envelope at the Augusta Animal Services Building in the amount of $244,382.00. Bid Item 18-188. (Approved by Services Committee July 10, 2018) Background:The Augusta Animal Services Building has been addressing issues with humidity, leaks, odor and other problems for several years. The Augusta Commission authorized award of a contract to Total Systems Commissioning (TSCx) to assess the building envelope and HVAC systems and make recommendations for corrective measures to alleviate the problems. These assessments were completed late last year and included the recommendation that we address the building envelope repairs first to reduce moisture intrusion, and then proceed with correcting identified HVAC issues. ITB 18-188 was issued through Procurement for completing the corrective actions recommended by TSCx. Bids were received on May 1, 2018. Analysis:Midwest Maintenance of Augusta submitted the lowest compliant bid of $244, 382.00 for the scope of work detailed in the ITB. Funding is available for the project in SPLOST set aside for Animal Services. Financial Impact:The cost of the restoration is $244,382.00 Alternatives:1. Award a contract to Midwest Maintenance of Augusta to restore the integrity of the exterior building envelope at the Augusta Animal Services Building in the amount of $244,382.00. 2. Do not approve award the contract. Recommendation: Cover Memo Award a contract to Midwest Maintenance of Augusta to restore the integrity of the exterior building envelope at the Augusta Animal Services Building in the amount of $244,382.00. Funds are Available in the Following Accounts: Funding is available for the project in SPLOST. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Invitation to Bid Sealed bids will be received at this office until Tuesday, May 1, 2018 @ 11:00 a.m. for furnishing: Bid Item #18-188 Animal Services Building Envelope Repair for Augusta, GA – Central Services Department – Facility Maintenance Division Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. A Mandatory Pre Bid Conference will be held on Friday, April 13, 2018 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605, Augusta, GA 30901. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, April 17, 2018 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. A 10% Bid Bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and a 100% payment bond will be required for award. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle March 22, 29, April 5, 12, 2018 Metro Courier March 22, 2018 OFFICIAL VENDORS Attachment "B"E-Verify Bid Bond SAVE Form Addendum 1 Bid Price Compliance Review 20% Goal Metro Waterproofing 2935 Alcove Dr P. O. Box 867 Scottdale, GA 30079 YES 67730 YES YES No Non-Complaint $223,811.00 Tyler Construction 1456 Edgefield RD North Augusta, SC 29860 Suncoast Restorations 3125 Medlock Bridge Rd Norcross, GA 30071 Midwest Maintenance 4013 Enterprise Ct Augusta, GA 30907 YES 417220 YES YES YES $244,382.00 Yes Western Specialty Contractors 3790 Browns Mill Road, S Atlanta, GA 30354 Southern Masonary 563 Hawhammock Church Rd Swainesboro, GA 30401 Southern Preservation Systems 7233 Daniel Drive Stockbridge, GA 30097 Tendon Systems 7340 McGinnis Ferry Rd Suwanee, GA 30028 YES 362264 YES YES YES $233,857.00 Non-compliant Total Number Specifications Mailed Out: 16 Total Number Specifications Download (Demandstar): 4 Total Electronic Notifications (Demandstar): 268 Mandatory Pre-Bid Attendees: 10 Total packages submitted: 3 Total Noncompliant: 2 Bid Opening For Bid Item #18-188 Animal Services Building Envelope Repair for Augusta, GA Central Services Department - Facilities Maintenance Division Bid Date: Tuesday, May 1, 2018 @ 11:00 a.m. Page 1 of 1 Commission Meeting Agenda 7/17/2018 2:00 PM Augusta Boxing Club Department:Clerk of Commission Department:Clerk of Commission Caption:Motion to approve a request from Mr. Rayonta Whitfield with the Augusta Boxing Club for a refund on the 2017 taxes. (Approved by Finance Committee July 10, 2018) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo AGENDA ITEM REQUEST FORM Commission meetings: First and third Tuesdays of each month - 2:00 p.m. Committee meetings: Second and last Tuesdays of each month - l:00 p.m. commission/committee: (Please check one and insert meeting date) Commission Public Safety Committee Date of Meeting Date of Meeting Public Services Committee Date of Meeting Administrative Services Committee Date of Meeting Engineering Services Committee Date of Meeting x Finance Committee Date of Meeting July 10.2018 Contact Information for IndividuaUPresenter Making the Request: Name: Rayonta Whitfiled / Augusta Boxing Club Address: Augusta Boxing Club Telephone Number: 7 065892819 Fax Number E-Mail Address: tressa32i@yahoo.com Caption/Topic of Discussion to be placed on the Agenda: The Augusta Boxing Club would like to meet with the Finance Committee to ask for a refund on the 2017 taxes. Please send this request form to the following address: Ms. Lena J. Bonner Telephone Number: 706-82l-1820 Clerk of Commission Fax Number: 706-821-1838 Suite 220 Municipal Building E-Mail Address: nmorawski@augustaga.gov 535 Telfair Street Augusta, GA 30901 Requests may be faxed, e-mailed or delivered in person and must be received in the Clerkrs Office no later than 5:00 p.m. on the Wednesday preceding the Commission meeting and 5:00 p.m. on the Tuesday preceding the Commiffee meeting of the following week. A fiveminute time limit wiII be allowed for presentations. Commission Meeting Agenda 7/17/2018 2:00 PM Acquisition of permanent easement and temporary construction easement to Richmond County, Georgia from Edward M. Henderson, Jr. Department:Law Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property for permanent easement and temporary construction easement (Parcel 166-0-012-00-0) 2420 Boykin Road. (Approved by Engineering Services Committee July 10, 2018) Background:The City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 2,122 square feet of permanent easement and 2,170 square feet of temporary construction easement. The appraised value is $640.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation Recommendation:Approve condemnation Funds are Available in the Following Accounts: G/L 514043490-5411120 J/L 81500100-5411120 REVIEWED AND APPROVED BY: Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/17/2018 2:00 PM Acquisition of permanent easement and temporary construction easement to Richmond County, Georgia from Margaret Rushton Department:Law Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property for permanent easement and temporary construction easement (Parcel 166-0-020-00-0) 4272 Windsor Spring Road. (Approved by Engineering Services Committee July 10, 2018) Background:The City has been unable to reach an agreement with the property owner and therefore in order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. permanent easement and 5,066 square feet of temporary construction easement. Analysis:Condemnation is necessary in order to acquire the required property Financial Impact:The necessary costs will be covered under the project budget Alternatives:Deny condemnation Recommendation:Approve condemnation Funds are Available in the Following Accounts: G/L 514043490-5411120 J/L 81500100-5411120 REVIEWED AND APPROVED BY:Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/17/2018 2:00 PM Acquisition of permanent easement and temporary construction easement to Richmond County, Georgia from Margaret Rushton Department:Law Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property for permanent easement and temporary construction easement (Parcel 166-0-021-00-0) 4264 Windsor Spring Road. (Approved by Engineering Services Committee July 10, 2018) Background:The City has been unable to reach an agreement with the property owner and therefore in order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. permanent easement and 4,982 square feet of temporary construction easement. Analysis:Condemnation is necessary in order to acquire the required property Financial Impact:The necessary costs will be covered under the project budget Alternatives:Deny condemnation Recommendation:Approve condemnation Funds are Available in the Following Accounts: G/L 514043490-5411120 J/L 81500100-5411120 REVIEWED AND APPROVED BY:Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/17/2018 2:00 PM Acquisition of permanent easement and temporary construction easement to Richmond County, Georgia from Novelle Skerritt Department:Law Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property for permanent easement and temporary easement (Parcel 166-0-014-00-0) 4257 James Drive. (Approved by Engineering Services Committee July 10, 2018) Background:The City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 1,132 square feet of permanent easement and 4,995 square feet of temporary easement. The appraised value is $213.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation Recommendation:Approve condemnation Funds are Available in the Following Accounts: G/L 514043490-5411120 J/L 81500100-5411120 REVIEWED AND APPROVED BY: Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/17/2018 2:00 PM Approve Agreement for Delivery of Water Through the Augusta Canal Department:Utilities Department:Utilities Caption:Motion to approve Agreement with the Augusta Canal Authority for delivery of water through the Augusta Canal. (Referred from June 12 Engineering Services Committee) Background:Historically, nonmunicipal users of water from the Augusta Canal have withdrawn that water under an agreement that defined the terms under which the water will be delivered and used. The Augusta Canal Authority is now in control of all three of the remaining power generation facilities on the canal. We have developed the attached agreement, based on the provisions of the previous agreements, to define the terms under which we provide canal water for their use. Analysis:This agreement documents a clear understanding between Augusta and the Augusta Canal Authority regarding the delivery of water to facilities under the control of the Canal Authority. Financial Impact:No financial impact Alternatives:None Recommended Recommendation:We recommend the approval of this agreement with the Augusta Canal Authority for delivery of water through the Augusta Canal. Funds are Available in the Following Accounts: No financial impact Cover Memo REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/17/2018 2:00 PM Approve the Recommendations for Enhancements to the Vacant Lot Program including the Increase of Fees Charged, and authorize the drafting of revisions to the ordinance. Department:Environmental Services Department:Environmental Services Caption:Motion to approve the recommendations for enhancements to the Vacant Lot Program including the increase of fees charged and authorize the drafting of revisions to the ordinance. (Approved by Engineering Services Committee July 10, 2018) Background:The Environmental Services Department has been inspecting and providing the cutting services for vacant lots since 2012. The fees for this service were set at that time, and have not increased. The current fees for lot cutting are a $20 Administrative fee, $50 per hour for contractor services, and/or $50 per hour for an inmate crew. It is recommended at this time for the fees to be increased to $100 Administrative fee per job per property; and $200 per hour for contractor services or inmate crew services. Also, the ordinance has been changed a couple of times – which adjusted the waiting/remedy period, but provided for no designated citation authority to address the repeat violators. These recommendations were discussed at the workshop/bus tour held on June 21, 2018 and are brought forward for approval. Analysis:The cutting and cleaning of vacant lots is an ongoing issue for Augusta. ESD provided cutting and cleaning services to approximately 1502 lots in 2017 (some are cut more than once); however there are so many more that still need to be cut. The average time to cut a lot in 2017 was 45 minutes. With the $20/ $50 rate structure; and the fact that most of the lots take less than one hour to cut, the current fees are not a deterrent, and the fees do not cover the costs of the program. Secondly, the ordinance requires some updates to include an adjustment to the remedy period, which is currently 14 days. This is the time that Augusta has to wait before taking action to cut/clean the property, after certified mail is sent to the property owner of record. The Cover Memo recommendation is to shorten the period to 10 days, however, eliminating the remedy period entirely is also an option for consideration. Also, the ordinance currently has no options for enforcement. Many of the lots are cut repeatedly with no consequence to the owner. ESD is recommending the authority to have the Marshal’s Office issue a citation for multiple violators in a calendar year. Finally, ESD will be working closely with the Information Technology department to evaluate our business processes and also closely reviewing the departmental processes with a goal of reducing the internal costs associated with the program. Financial Impact:There is no additional cost to the Department at this time, however the increase in fees will allow the program to become more financially viable. Alternatives:1. Increase the vacant lot fees to $100 administrative fee per job and $200 per hour for contract services and inmate crew services starting January 1, 2019. Also authorize the revision to the ordinance to allow for increased enforcement options and a shortening of the remedy period. 2. Do not authorize the changes to fees and the ordinance revision. This will allow the program to function as it is today, but it will continue to lose money year over year, jeopardizing the overall viability of the program. Recommendation:Increase the vacant lot fees to $100 administrative fee per job and $200 per hour for contract services and inmate crew services starting January 1, 2019. Also authorize the revision to the ordinance to allow for increased enforcement options and a shortening of the remedy period. Funds are Available in the Following Accounts: There is no additional cost to the Department at this time, however the increase in fees will allow the program to become more financially viable. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Update on Interdepartmental Activities – an Ongoing Process of Continued Improvement ENVIRONMENTAL SERVICES KEEP AUGUSTA BEAUTIFUL PLANNING AND DEVELOPMENT – CODE ENFORCEMENT RICHMOND COUNTY MARSHAL’S OFFICE 1 Goals Identified in April 2017 Code Enforcement: ◦Create a tiered system for illegal sign violations –complete ◦Fund additional resources (Lexus Nexus) to better locate property owners -complete ◦Work with the Tax Commissioner’s office to require current mailing information with submitting online payments -complete ◦Host semi-annual training for real estate and property managers –in development Richmond County Marshal’s Office: ◦Restructure the operations division to maximize manpower dedicated to enforcement efforts and develop a team approach -complete ◦Public education campaign on new aggressive enforcement strategies -complete ◦Engage community and neighborhood leaders to gain community buy-in -complete 2 April 2017 Goals, continued Public Education and Involvement: ◦Interact regularly with the public in support of the anti-littering campaign -ongoing ◦Partner with BOE to engage students and staff in anti-littering efforts –in development ◦Reinstate the Keep Augusta Beautiful organization –complete, affiliation with the national KAB organization expected in the next 6 months Many recommendations in this presentation that were not adopted at the time… Departments have found creative ways to partner with other agencies to achieve greater enforcement, mitigate blight, hold those that dump illegally accountable, revise ordinances, and use technology to our advantage. 3 Goals Identified in late 2017 Environmental Services ◦Increase fees for vacant lot cutting and cleaning ◦Continued partnership with RCMO and Code Enforcement to administer targeted community outreach activities -ongoing ◦Develop inter-departmental workflows –in development with IT assistance Keep Augusta Beautiful ◦Establish the organization and gain affiliation –ongoing, affiliation with national KAB expected in the next 6 months ◦Establish and administer an anti-littering campaign -ongoing ◦Partner with BOE and engage students –in development Code Enforcement ◦Develop curriculum and host training for landlords and tenants, and property management companies; make it required for repeat violators –in development 4 Marshal’s Office Statistics 5 Technology and Software Technology and software is designed to make things easier, however, Environmental Services, RCMO, and Code Enforcement are all working in different software packages. The departments approached IT for assistance: ◦Develop and analyze internal workflows to streamline processes ◦Reduce the number of applications being used and consolidate as appropriate ◦Make data available to the public thereby increasing transparency of operations 6 Environmental Services - Dumpsters Recommend Update to applicable ordinances for commercial businesses and multi-unit properties ◦Service of appropriate size and frequency is required ◦Dumpster – lid must close, water-tight, provision for large bulky item and/or yard waste collection ◦Construction dumpster is not appropriate for regular garbage services – special projects only ◦Could be via the Augusta system or privately procured ◦Penalties attached, including fees charged should Augusta provide extra collection or cleanup services 7 Division Street 8 Environmental Services Recommended Enhancements – Vacant lot process ◦Shorten or eliminate the 14-day remedy period ◦Eliminate and move to an annual notice or shorten to 10 days or less ◦Increase the lot cutting fees ◦Current fees are $50 per hour, plus $20 per job administrative fee ◦Recommend $200 per hour, plus $100 per job administrative fee ◦Increase enforcement options via ordinance revision ◦Recommend citation be issued for multiple violations each year or when the owner lives in Richmond County. ◦Identify additional resources and funding; streamline internal process ◦Partnership with LSBOP program ◦Provide list of properties in violation, that list is available to LSBOP landscapers who then contact the property owner and offer their services to remedy the overgrown vegetation. 9 Lot Cutting Fees Current: $50/labor hour and $20 administrative fee Recommended: $200/labor hour and $100 administrative fee Current program – the numbers ◦Costs (per year): $437,286 = $292,275 (contract cost) + $145,011 (ESD internal cost) ◦If the contractor averages 45 minutes per lot, billable time is $57.50 ($37.50 + $20) ◦Lots cut in 2017 = 1502 ◦1502 lots x $57.50 = $86,365 Proposed program: ◦45 minutes per lot at $200/hour = $150 + $100 administrative fee = $250 billed ◦1502 x $250 = $375,500 10 Lot Fees in Other Jurisdictions Aiken County, SC ◦Vacant with no structure – no action taken ◦Vacant with structure – 30 day nuisance order Athens-Clarke ◦No action taken by the government Columbia County, GA ◦Order to clean the lot is issued to the maintenance dept. ◦Fee of $100 per hour plus $500 administrative fee Columbus, GA ◦Warning letter issued via certified mail; lot is cut by a contractor for a set fee based on the size of the lot ◦$55-$125 per lot cut; $85 - $175 for debris cleanup Macon-Bibb, GA ◦Vacant with no structure – cut by county crew at $267.75 per hour; lien placed ◦Vacant with structure – demolition is pursued 11 Keep Augusta Beautiful Established initially as part of ESD in late 2017 Focus on gaining affiliation with Keep America Beautiful and increase community facing activities and initiatives ◦Litter survey and anti-littering campaigns ◦Great Augusta Cleanup ◦Recycling education ◦Volunteer base and coordination of cleanup activities ◦Adopt-a-spot ◦Child and family-focused outreach via BOE, school programs, and reading initiatives ◦Future initiatives include a Citizens Advisory Panel, Day of Service, Composting classes, collection events. 12 Apple Valley NA Meeting One of the Children’s Library Titles An Earth Day Presentation on Recycling @ Copeland Elem. 13 A F F I L I A T I O N S T A R T S H E R E Keep Augusta Beautiful As the new initiative grows and works toward affiliation status, we are excited to offer our citizens the Adopt A Spot and Great Augusta Clean Up programs and Composting Classes. We have partnered with great community partners to ensure that each program has each of the components needed to be successful. 14 Code Enforcement Rental Properties – Residential Challenges: maintaining minimum standards - safe and sanitary condition ◦Code Enforcement’s awareness of interior code violations ◦Tenants acceptance of the property condition ◦Owner’s reluctance to invest in the property ◦Property becomes vacant ◦Re-occupying the property without code compliance Solutions: ◦Code amendment, 2012 International Property Maintenance Code, and Georgia Amendments ◦Issue citation for failure to comply with notice of violations ◦Once property is vacant, post notice: property in violation of City codes – cannot be occupied ◦Penalty for re-occupying structure without code compliance ◦Tag water meter ◦Coordinating with HCD for potential housing arrangements ◦Nuisance ordinance: direct notice of violation 15 Code Enforcement Rental Properties – Residential (continued) Solutions: o Verify Business License ◦Assist Marshal’s Office with junk vehicles, illegal dumping and litter ◦Host training for real estate and property management companies ◦Scheduled for August 9th ◦Host training for tenants ◦Date to be determined 16 Code Enforcement 17 Training Class / August 9, 2018 Beasley Room Municipal Building Rental Properties: Property Maintenance Codes & Landlord’s Responsibilities (Tentative topics) a. IPMC, recent code amendments b. Code compliance c. Lease agreements d. Tenants obligations e. Business License Requirement Court Hearings by Type and Year 18 2013 2014 2015 2016 2017 Public Officer Hearing / Demolition 94 70 110 136 215 Magistrate Court / Property Maintenance 17 41 76 116 154 0 50 100 150 200 250 1 2 3 4 5 6 7 8 Demolition Permits 61 82 8 1 11 8 3 7 Int'l Prop Maint Code (7-1-16)291 155 83 23 85 97 71 63 IPMC Minimum Housing 49 58 1 3 36 7 4 Mothball Letter 4 3 0 0 0 0 0 0 Nuisance 237 152 74 55 136 88 53 54 Personal Care Homes > 3 0 5 0 0 2 1 0 1 Zoning 22 8 14 8 9 10 5 12 0 50 100 150 200 250 300 350 Cases by Commission District 2017 19 Commission Meeting Agenda 7/17/2018 2:00 PM Water Network Optimization Software Subscription Department:Utilities Department:Utilities Caption:Motion to approve purchase of Water Optimization Software Subscription for Augusta Utilities - Facilities Maintenance Division. (Approved by Engineering Services Committee July 10, 2018) Background:The Augusta Utilities Facilities Maintenance Division utilizes InSource Solutions Wonderware software to control and monitor our water and sewer systems. The software, installed on our computers, operates our Water Plants, Distribution System, Sewer Plants and Sewer Collection Systems in Richmond County and Fort Gordon. We are proposing to add InSource Solutions Water Network Optimization subscription software as an additional component. Analysis:The Water Network Optimization software subscription will add an additional feature and provide Augusta Utilities the means to simulate water distribution scenarios to proactively optimize our water network for operational performance, customer demand and reaction to emergencies. The proposed software purchase and annual license and support maintenance contract would be renewable each year for five years. Financial Impact:Funding in the amount of $49,400 is available from accounts: 5060435801–5424910. This is a five year annual contract price, renewable each year for the next five years. Alternatives:No alternatives are recommended. Recommendation:Augusta Utilities recommends Commission approval to purchase the Water Network Optimization software module to enhance our water distribution service to our Augusta-Richmond County and Fort Gordon customers. Cover Memo Funds are Available in the Following Accounts: Funds are available in the following accounts: 5060435801- 5424910 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/17/2018 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the regular meeting of the Augusta Commission held June 28, 2018 and Special Called Meeting held July 10, 2018. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda Commission Chamber' 612812018 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Sias, Frantom, M. Williams, Davis, D. Williams and Smith, members of Augusta Richmond County Commission. Absent: Hons. Jefferson, Guilfoyle, Fennoy and Hasan, members of Augusta Richmond County Commission. NIVOCATION: Reverend Jim Hyder, Pastor Liberty United Methodist Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. CONSENT AGENDA (Item l) PETITIONS AND COMMUNICATIONS 1. Motion to approve the minutes of the regular meeting of the Augusta Item Commission held June 19,2018. Action: Approved B Resular Commission l\{eetins June 19 2018.odf lB ItemAonrovalsheet.html Motions Motion Motion Text'l'ype Motion to Approve approve. Motion Passes 6-0. Made By Commisioner Sean Frantom Seconded By Commissioner Mary Davis Motion Result Passes * * * *END CONSENT AGENDA,. rs r( * AUGUSTA COMMISSION 6t28t2018 AUGUSTA COMMISSION REGULARAGENDA 6t28t2018 (Items 2-15) PUBLIC SERVICES 2. Motion to approve extending the hours of the Candlelight Jazz Concert Item Series to 10:30 p.m. (Requested by Commissioner Marion Williams) Action: Disapproved E ItemAoBrovalsheet.htmt Motions X:j1" Motion Text Made By seconded By f"".tilrype Motion to approve. Voting No: Commisioner Commissioner Approve::TJIff:"# Y?,1',:1, ;'ffiffiil" Fails Sammie Sias. Motion Fails 4-2. 3. Motion to approve authorization for Augusta to accept a grant valued at Item $30,000 from the National Recreation and Parks Association and The Walt Action: Disney Company. Approved lB Auqusta NRPA-I\IOtl.docx lB ltemAonrovalsheet.html Motions Motion Motion Text Made By Seconded By MotionType Result Motion to Approve approve. Motion Passes 6-0. Commissioner Mary Davis PassesCommisioner Sean Frantom PUBLIC SAFETY 4. Assigning the honorary road name of Clara Lee Robinson Road. Road to Nellieville Item Action: Approved 5. Renaming of Tattnall Street to Grace Hopper Lane. {B ClaraLeeRobinsonRd Resolution.ndf lB ClaraLeeRobinsonRd SunnortinsDocs.ndf [B ItemApprovalsheet.html Motions Motion -^"""- Motion Text't'ype Motion to Approve approve. Motion Passes 6-0. B GraceHopnerln SunnorlinsDocsloures.pdf lB GraceHopperln Resolution.ndf lB ItemApnrovalsheet.html Motions Motion Motion Text'rype seconded By Motion Result Commisioner Commissioner sean Frantom Mary Davis Passes seconded By Hiil Commissioner Mary Davis Passes Made By Made By Item Action: Approved Motion to delete this A Delete item from the agenda. :::T:^:l: Motion Passes 6-0. sean rrantom ENGINEERING SERVICES 6. Consider Professional Services Proposal from WK Dickson & Company for ltem the Utility Relocation efforts necessary the GDOT l5th Street project along Action: l5th street from MLK Blvd to Government Rd in the amount of $180,000.00. Approved lB 20180614 GDOT 20I7-002-Ens Proposat.pdf E 20180607 cDoT 2017-002-Exhibir.pdf B 20180614 GDOT 2017-002-Direcror Memo.pdf lE lJ-l2l Procurement Information.pdf lB ItemApprovalsheet.html Motions X:tl" Motion Text Made By seconded By Motion'l'vpe -.---- -'1 ResultJf- Motion to Approve approve. Commissioner Commissioner Motion passes 6-0. Su-mie Sias Mary Davis Passes 7. Receive recommendation from the Engineering Department staff regarding the Item traffic issues presented by Ms. Shante Brown concerning Willhaven Estates, Action: Haynes Station and Sims Landing. (Deferred from the June 12, 2018 Approved Engineering Services Committee) tB Shante_Brown.pdf lB ItemAoorovalsheet.html Motions Motion rr.a:^-'Tt^--a f,r-r-n d r rh Motionil"o.".. Motion Text Made By Seconded By il#; Motion to approve Approve ffiXlf this item as ff,T,T,'j'Jl*.' fr:I,HjJ["' passes Motion Passes 6-0. 8. Motion to request authorization to proceed with drafting edits to the Item Augusta, Georgia Code, Chapter 3 Street Lighting, Section 7-3 to modifr Action: fee structure for the street light system. (Requested by Commissioner Disapproved Sammie Sias) B ItemApnrovalsheet.html Motions f#:" Motion rext Made By seconded By f;lil Approve Motion to approve. Commissioner Commisioner Fails Voting No: Sammie Sias Sean Frantom Commissioner Grady Smith, Commissioner Marion Williams. Motion Fails 4-2. Motions Y:t1"' Motion Text Made By seconded By Motion'I'ype - ----- -'1 --------- -J Result Motion to approve reconsidering this item.^ r 7 .. Commissioner CommissionerApprove Voting No: ;_:,1;;^-^ - ;:-;.-;:-;; -' FailsA Sammie Sias Grady Smithuommlssloner Marion Williams. Motion Fails 5-1. ADDENDUM 9. Reverend Robert Patton regarding new hours of operations at the Henry Item Brigham Senior Center. (Requested by Commissioner Marion Williams) Action: None lB ItemAoprovalsheet.html Motions Motion r- m Made Seconded MotionType Motion Text By By Result Presentation is made by Rev. Paffon. It was the consensus of the Commission that Mr. Parker meet with Rev. Patton and his group to work out a solution to securing the building after the group leaves. 10. Ms. Shameka Gilead regarding the recent closure of Fleming Pool (Bernie Item Ward) and the reported pool chemical imbalance. (Requested by Action: Commissioner Marion Williams) None E ltemApprovalsheet.html Motions Motion Text Presentation is made by Ms. Gilead. It was the consensus of the Commission that Mr. Parker be given a listing of all issues involved with the closing of the pool so that action can be taken on each one and the situation resolved. 11. New Applicant Application: A.N. 18-23: A request by John Dickey Boardman Claussen for a consumption on premise Liquor, Beer & Wine License to be used in connection with Global Spectrum L.P dbla Augusta Entertainment Complex located at 601 7th Street. There will be Sunday Sales. District 1. Super District 9. Motion Type tE a.N. tg-z.t.uor B ltemApprovalsheet.html Motions Motion Motion TextIype Motions Motion Motion Textrype Motion to Approve approve. Motion Passes 6-0. Unanimous consent is given to add this item to the agenda. Made Seconded MotionBy By Result Made Seconded MotionBy By Result Motion Result Item Action: Approved Made By Commissioner Commissioner Dennis williams Mary Davis Passes 12. New Applicant Application: A.N. 18-24: A request by John Dickey Item Boardman Claussen for a consumption on premise Liquor, Beer & Wine Action: License to be used in connection with Global Spectrum L.P. dlbla Augusta Approved Entertainment Complex located at 712 Telfair Street. There will be Sunday Sales. District l. Super District 9. E,q..N. t8-z.t.nor IB ItemApprovalsheet.html Motions Motion Motion Text Type Motions Motion Motion Textrype Motion to Approve approve. Motion Passes 6-0. E rE-sole orrrcal ras.par lB Award ltr DieselTanks 6-21-18 .odf lB ItemApnrovalsheet.html Motions Motion;- ---- Motion Texttype Made Seconded Motion By By Result Unanimous consent is given to add this item to the agenda. Made By Seconded By Made By Seconded By Motion Result Commissioner Commissioner Dennis Williams Mury Davis rasses 13. A motion to approve the purchase of two 12,000 Gallon Steel Diesel Storage Item Tanks for the New Transit Operation and Maintenance Facility. Modern Action: Welding Co. - Written Bid 18-204A Approved Made Seconded MotionBy By Result Unanimous consent is given to add this item to the agenda. Motion Result Motion to Commisioner CommissionerApprove approve.Passes Motion passes 6-0. Stu'Frantom Mary Davis 14. Motion to approve a Memorandum of Agreement between the Georgia ltem Department of Community Affairs, having principal offices at 60 Executive Action: Park South, NE, Atlanta, GA 30329 (hereinafter referred to as "DCA") and Approved Augusta GA 535 Telfair Street, Room 220 Augusta, GA 30901 (hereinafter known as "Jurisdiction") to receive/accept funding in the amount of $298,522.00 designated by the Georgia General Assembly and incorporated into the approved FY18 amended budget by same, in a one-time grant from DCA to offset losses in local sales tax revenue resulting from federal spending requirements. In consideration of the mutual premises and Motions f#:'" Motion rext covenants herein contained and intending to be legally bound, the parties hereto agree as follows: E N{emorandum of Asreement GA DCtA.odf lB ltemApprovalsheet.html Motions Motion r,r^4:^_,r!-__1 Made Seconded MotionType Motion Text By By Result Unanimous consent is given to add this item to the agenda. Motions Motion Motion Text Made By seconded By Motion Type rr^.s! sJ Lrw!!r'uur'u,J Result Motion to commisioner commissione.Approve approve. Y::T1:Y:1 .':_TTI"r:ner passes Motion passes 6-0. Stu'Frantom Mary Davis 15. Motion to approve Whitewater/Savannah River Design Contract. Item Action: Disapproved lE Aususta-Georsia Whitewater_Design and_Concept Clontract.odf lB ItemAoorovalsheet.html Motions Motion r,r _ 1! _ m Made Seconded MotionType Motion Text By By Resurt Unanimous consent is given to add this item to the agenda. Motions Motion r/r^i:^-'Tt^--a rir-r-n- c r rh Motion;"-'"" Motion Text Made By Seconded ByI YPe "--- -r Result Motion to approve. Voting No: Approve Commissioner Commisioner Commissioner Grady smith. Sean Frantom Sammie sias Fails Motion Fails 5- 1 . LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 16. Motion to approve execution by the Mayor of the affidavit of Item compliance with Georgia's open Meeting Act. Action: None Upcoming Meetings www.augustaga.gov CALLED MEETING COMMISSION CHAMBER July 10, 2018 Augusta Richmond County Commission convened at 11:00 o.fr., Tuesday, July 10, 2018, the Honorable Hardie Davis, Jr., Mayor, presiding PRESENT: Hons. Jefferson, Guilfoyle, Sias, Frantom, M. Williams, Davis, Fennoy, D. Williams, Hasan and Smith, members of Augusta Richmond County Commission. Mr. Mayor: All right, good morning, everybody. We're going to call this meeting to order. The Chair recognizes Attorney MacKenzie. 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. MacKenzie: I would entertain a motion to go into an executive session to discuss pending and potential litigation and real estate. Mr. D. Williams: So move. Mr. Jefferson: Second. Mr. Mayor: Voting. I've got some personnel matters that we'll talk about. Mr. MacKenzie: And personnel as well. Mr. Fennoy and Mr. Guilfoyle out. Motion carries 8-0. [LEGAL MEETING] Mr. Mayor: All right, we'll call this meeting back to order. The Chair recognizes Attomey MacKenzie 2. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Mr. MacKenzie: I would entertain a motion to execute the closed meeting affidavit. Mr. M. Williaps3 So move. Mr. D. Williams: Second. Mr. Mayor: Voting. Motion carries 10-0. Mr. Mayor: All right, the Chair recognizes Attorney MacKenzie for a motion. Mr. MacKenzie: I would entertain a motion to approve a resolution authorizing the settlement of all claims with Vicky Wallace in the aggregate amount of $1051765 to resolve a Workers Comp case and to authorize the Administrator to distribute this amount. Mr. Hasan: So move. Mr. Fennoy: Second. Mr. Mayor: A motion and a second. Voting. Mr. D. Williams votes No. Motion carries 9-1. Mr. Mayor: The chair recognizes the Mayor pro Tem for a motion. Ms. Davis: I'd like to make a motion to approve the sale of the drug forfeiture property located at375l Bansbury Place in the amount of $1491000 and to authorize the Mayor to execute appropriate closing documents. Mr. Fennoy: Second. Mr. Mayor: A motion and a second. Voting. Motion carries 10-0. Mr. Mayor: The Chair recognizes the Mayor Pro Tem for a motion. The Chair recognizes the commissioner from the l.t for a motion. Mr. Fennoy: Mr. Mayorr l'd like to make a motion to approve renovation service agreement for the Municipal Golf Course with the Warrior Alliance Inc. Mr. Sias: Second. Mr. Mayor: A motion and a second. Voting. Motion carries 10-0. Mr. Mayor: All right. Attorney MacKenzie, recognize for a motion. Mr. MacKenzie: Is this the motion for the Depot? Mr. Mayor: Yes, it is. Mr. MacKenzie: I think the Administrator has the language. Ms. Jackson: Approve the authorizing Resolution as recommended by the GeneralCounsel on July 10r 2018 with the attached Intergovernmental Downtown Development Contract and pending the incorporation of the Administrator's recommendations relative to the eleven items of concern as listed in the attached document. Mr. Mayor: Would you restate that please? Ms. Jackson: Approve the authoizingResolution as recornmended by the General Counsel on Julyl0,2018 with the attached Intergovemmental Downtown Contract and incorporation of the Administrator's recommendations relative to the eleven items of concern as listed in the attached document. Mr. Fennoy: So move. Ms. Jackson: And that attached document would be the one I handed out. Mr. Jefferson: Second. Mr. Mayor: We've got a motion and a second. The Clerk: Who? Who seconded? Mr. Jefferson: I second. The Clerk: You made the motion. Thank you. Mr. Mayor: The commissioner from the 5ft. Mr. M. Williams: (inaudible), Mr. Mayor. Mr. Mayor: All right. State your inquiry. Mr. M. Williams: Yes, sir. Ms. Jackson, can you explain just to me that motion includes one or both structures being built? Is that in there? How is that - Ms. Jackson: Yes. The Administrator's recommendations in the eleven-item document that I referenced recommendation one is that the entire project be constructed as a single-phase development. Mr. Mayor: okay. The chair recognizes the commissioner from the 7ft. Mr. Frantom: Thank you, Mr. Mayor. I'd like to make a substitute motion -- Mr. Sias: Mr. Mayor, excuse me. Mr. Frantom: -- for the resolution approved by Mr. Earl Taylor. Mr. Mayor: Hold on, everybody suspend. All right, commissioner from the 4ft, I recognized him for an inquiry and I think what your posture is you were going to make a substitute motion under the pranise that what Administrator Jackson just articulated was not included. Now your substifute as you said you wanted it to be constructed in a single phase. That is included in this document that she just referenced Mr. Sias: I fully understand that. But I wanted to be recognized though. Mr. Mayor: Okay, before or after the commissioner? Mr. Sias: Before. I was before, the nine too. Mr. Mayor: Okay, very good. All right, so does the commissioner from the 7n yield? Mr. Frantom: Yield. Mr. Mayor: All right, the Chair recognizes the commissioner from the 4ft. Mr. Sias: Thank you. I have a question for the Administrator. Mr. Mayor: All right, the Chair recognizes Administrator Jackson for response to a question. Mr. Sias: The concerns that were raised, Ms. Jackson, I know within that motion that you all just made, was all those concerns in its totality addressed? Ms. Jackson: The motion I just read to you include my recommendations on all of those items so yes, that does address all of my concerns and to be extremely clear,just want to make sure when we talked about a single-phase project, we mean the entire $93 million dollar project being constructed at one time. Mr. Sias: Thank you. Mr. Mayor: okay. The chair recognizes the commissioner from the 7th. Mr. Frantom: Thank you, Mr. Mayor. Due to the fact that the developer didn't have any prior knowledge of this, I'd like to make a substitute motion that we approved the resolution approved by Earl Taylor. Mr. Mayor: All right, the Chair recognizes the commissioner from the 3'd. Ms. Davis: Mr. Mayor, can we just get some more details on that resolution just so everyone's clear of the differences, I guess, of the two motions? Mr. Mayor: All right, Attomey MacKenzie, speak to the original resolution. Mr. MacKenzie: Sure, I'll be happy to do that. The original resolution included no additional protections in the attached contract that would allow for Augusta to have separate approvals of some additional documents later on down the road and have some other language changed in the document relating to approvals by the Mayor versus the Commission as well. Mr. Mayor: All right. That sounded like a bunch of legal speak. All right, I think it would be prudent for you at this stage to talk about once again the changes that you referenced, that you made in our previous session. That is the distinction. Okay? And I need you to draw a distinction. Mr. MacKenzie: Okay, sure. Some of the primary changes that were made between Earl Taylor's version and the version from the primary motion were relating to the authority of Augusta to make subsequent approvals of other documents that are going to be voted on later. Those include the development agreement and some other documents as well. There are also some adjustments made regard to the authority of who approves other documents in this project and the changes that were made were to make sure that the approvals were to be approved by the Commission versus approvals by the Mayor. Mr. Mayor: The Chair recognizes the commissioner from the I't. Mr. Fennoy: Just, our attomey. Mr. Mayor: Absolutely. Mr. Fennoy: Attorney Andrew, does the other say that it has to be in one phase or two phases or it's all at one time? Mr. MacKenzie: The Earl Taylor authorizing resolution and attached contract did not require two phases. Mr. Mayor: okay, so I had a substitute motion. Did I have a second, Ms. Bonner? The Clerk: No, sir. Mr. Mayor: Okay. Mr. Sias: Call for the question. Mr. Hasan: Second. Mr. Mayor: The Chair recognizes the Mayor Pro Tem. Ms. Davis: Mr. Mayor, I think this is just tough when we haven't seen all of this. I mean, yes, we've been talking about different aspects but a lot was discussed today. I wouldn't feel comfortable with the original agreement from Earl Taylor if it didn't have some safeguards in there that wouldn't protect the City of course but my biggest concern was the financing that we talked about and also the one phase/two phase so that's, those are the sticking points to me I thought. Mr. Mayor: It is the other documents that effectively provide the protections that many of you believe are germane to this conversation. The authorizing resolution again simply effectuates us saying we're committed to this project. We've said that consistently but it is the other documents that are of major significance that as we heard from Attorney Plunkett a moment ago, they've included some of those things in there. I think it's a better document today. I think that's a fair statement, it's a better document, but I also would submit to you that either of the resolutions I could support. What I have pause with is this idea of taking what the developers have brought to us as perhaps one of the most significant projects in our city's history from a private sector standpoint and mandating through a document that it have to be built all at one time. That was never the intent. Not only was that never the intent but they've articulated to us at the point in time that we engaged starting with the November conversation where this body agreed to support the project in principal to the tune of $14 million dollars. We then went from November of 2017 to May 29 of this very year where this body here again in unanimity of those who were in attendance made a motion to authorize the Commission to enter into one, the installment purchase agreement with the DDA for approximately $8.2 million and an IGA which is the documents that the attomey has referenced for a combined level of support of $14 million dollars with the grant agreernent between the DDA, the developers and then that document also include any reasonable due diligence. That is where we were, Mayor Pro Tem, on the May 29 time frame and I think while the again "recommendation" that Ms. Jackson has brought forward for us to now codifu and/or mandate that we have a single project many in this body have taken the Cyber Center of Innovation and Training and tried to parlay that into this same type of narrative and I do not believe that's prudent. The initial investment that the state made was for $50 million dollars. They then came to the City of Augusta and said would the City engage in making an investment. We agreed to that, we meaning this body agreed to the tune of $12 plus million dollars, again fees and all of those things. What we did not know was that on the basis of the success of that that somewhere down the road the Governor would find an additional $35 million dollars of One Georgia money that they didn't have to bond and say we're going to construct a second phase of that which was a shell and that's effectively what phase two will be. It will not be built out. It will be a shell to the tune of $35 million dollars and they in turn then came back to us and said well, will the City give us another amount of money to expand the parking deck and we gave thern another four and a half, almost $5 million dollars. Our total investment is roughly about $16.5 million dollars in what has now become a hundred million dollar project but we had no knowledge that there would be a phase two and so to the degree that we're now again parlaying these conversations to some degree that that's how we should view this I think that's wrong. I think that's not prudent and it's inconsistent with how the project was brought to us and so to that end I fully support here on this site the 5ft and Reynolds site that has been there for 50 years vacant, we've spent one and a half, almost $2 million dollars on putting a prize parking space over there and we now have an opportunity where everybody's comparing the work that's going over in North Augusta with SRP Park to they're outpacing Augusta. You know the Evans Towne Center, $75 million dollars, they're outpacing Augusta. The reality of it is Augusta still is the engine that drives this bus in this region and we have an opportunity today to make a decision to say we're going to support a project that ultimately could be a hundred million dollar project, $93.6, $92, whatever the numbers are that would completely transform the 5ft and Reynolds location that everybody drives by and looks at today and they'll see a few cars there and again, it's a very expensive project that we have but this right here could completely transform downtown and close that other book end that's on Reynolds Street. 13ft and Reynolds you've got the Cyber Innovation and Training Center that we're going to resoundingly all walk in and cut a ribbon and be excited today and now we have this opportunity to take another major step forward in the City of Augusta with this project that could be catalytic in nature. That is what is in front of us. That is what is before us from the resolution standpoint that then gives the City of Augusta some protections, the document that Attorney Plunkett representing the City of Augusta made some changes to. I think it is relevant and that's what I would suggest we recommend and move forward with. We've got a main motion before us that the commissioner from the 4s is supportive of that ties the two together and says that it has to be a single-phase project. I think if we're going to do injury today that would be the significant injury we would make by codiffing that and tying it together as opposed to letting the recommendations from Attorney Plunkett and what I believe to be the changes that Attomey MacKenzie has made to the authorizing resolution that while the developers' emissary Kirby Glaze and the DDA have not a chance to completely vet but they will be the superior items today to vote on. That will be my posture. Mr. Hasan: Mr. Mayor. Mr. Mayor: All right, I'm going to go back to the commissioner from the 4ft. I see your hand. Mr. Sias: Thank you, sir. Mr. Mayor, I appreciated your walk through the history of the Cyber deck and some of the other significant changes here in Augusta. But I just want to remind you that this particular project is a lot more complex and the finances are different than what we did with the Cyber deck. We had defined, recognized sources of revenue for debt service. This particular project is a little bit different. Secondly, when we talk about phase one and phase two, this motion simply asks that they continue to build. tn other words they need a resolution that says the City is committed. The only thing that I see different in this resolution is that we say, yes, we're committed but we're committed for you to keep right on building into phase two, not to come back and say, now we'll start searching and looking for phase two. This resolution gives them from the time that it's passed and the commitment there. They can start recruiting for the office space that phase two was supposed to encompass. And with the opening of the Cyber Center as you mentioned some members up here feel like that's a greataddition and a great add- on to what they're doing, I'm most certainly a.m one of them that feel that way. So if they're looking for Class A office space, attendees or participants, I think they're right in the right market. And based on our parking space there, that parking lot we built, that parking lot was built for another company that is engaged in cyber. So I say to you I think this motion that we're considering is the right motion. It's the right motion for the time and it protects a $14 plus million dollar investment that the City is making in this project. So and I thank you for the time and I appreciate it and I hope this resolution passes. Mr. Mayor: The Chair recognizes the commissioner from the 6ft. Mr. Hasan: Is there a substitute motion on the floor or just the main motion? Mr. Mayor: Just the main. Mr. Hasan: Just the main motion? We'll vote and I won't make no comments. Mr. Mayor: You want? Mr. Hasan: No, no, I won't make no comments because I think you're misrepresenting the facts but I'll leave it alone. Mr. Mayor: The Chair recognizes the commissioner from the 7ff. Mr. Frantom: Thank you, Mr. Mayor. I want to amend my motion and make a substitute motion that we approve the resolution with the changes that Andrew MacKenzie discussed in legal. Ms. Davis: I'll second that. Mr. Hasan: Mr. Mayor, I'd like to have a comment if they're going to make a substitute motion. Mr. Mayor: I've got a substitute motion and a proper second. Mr. Hasan: Mr. Mayor, I'd like to make a comment please. Mr. Mayor: Well, I haven't recognized you yet. Mr. Hasan: Okay. Mr. Mayor: Thank you. All right, I've got a substitute motion with a proper second. And that substitute motion, all right, commissioner from the 7th, would you restate your motion? Mr. Frantom: I'd like to make a substitute motion on the resolution that Attomey MacKenzie discussed in legal and I think takes out all the mandates that were discussed. Mr. Mayor: All right, we've got a substitute and a proper second. Mr. M. Williams: Roll call vote, Mr. Mayor. Mr. Hasan: Mr. Mayor, ffioy I make a comment? Mr. Mayor: I haven't recognized you yet. Mr. Hasan: All right. I'm just reminding you. You did me that way last week. Mr. Mayor: And you didn't need to do anything. You're trying to second guess me. Mr. Hasan: Yeah. Mr. Mayor: Don't do that. All right, we're going to have a roll call vote. I'll recognize the commissioner from the 6tr. State your inquiry. Mr. Hasan: Thank you, Mr. Mayor. First and foremost, Mr. Mayor, I'd like for the audience listening and viewers to know that the main motion that was made by the Administrator is that what our staff recommended to this body and we included all that for protection on this government so we're not trying to put in a hardship on anybody, on the developer or anybody else. To say that we have parsed some hairs with this, this development started out as a $93 million dollar project and that it was going to be done and we were going to contribute $14 million dollars. As of late the project has been that they're not guaranteed to do phase two, they do phase one to the tune of $50 million dollars and we still contribute $14 million dollars. That's a $43 million dollar difference. There's no guarantee they have to do a phase two. So what we're doing is protection on this government. So to say that we're doing some injury to them, we'll be doing injr.ry to the taxpayers if we give away $43 million dollars and that's what we'll be subject to do because there's no guarantee and that's what they've said. There's no guarantee. So I think we're doing what we need to do to protect the taxpayers and we're following the recommendation of staff, of our attorneys, our investment personnel, our Administrator, that's what we're looking at doing here, Mr. Mayor. So to say we're doing injury, we're not doing injury. We're protecting the taxpayers and that's what we're supposed to be doing here. $43 million dollars is a lot of money. If they choose not to do phase two, then they don't have to do it and we sit there with six and a half acres halfuay developed. So someone has to protect the taxpayers and that's what we're here to do. So we have not done anything wrong. We're doing what we're supposed to be doing. That's what we were elected to do and I feel comfortable doing it. We're doing the right thing. Everybody's done their due diligence and also what happens is the developer knows where we stand. They can reject it and we can start over and do what needs to be done. But for the most part we don't have $43 million dollars to give away and that's what we are potentially doing if we continue down that road. That has never been said as of late between May 29 and now that okay, what we decide to do, we're just going to do one phase and if we decide to do the second phase, we'll potentially ask you all for additional money. That ain't going to happen, Mr. Mayor. We can't afford to do that. Mr. Mayor: Well, again, as I always say, I'm going to leave that up to each and everyone to determine for thernselves and again, for the record, your Administrator provided you with a comparison of how the project started and for the record, it started out on May 9 when it was in again somewhat of a substantial form. It started out as a $75 million dollar project that had no "office space attached to it" with a request from the City of $20.7 million dollars. Again this is a document that is factual in nature that you have a copy of in front of you and the remaining nine of you have the same copy. And then as of last year, November 14 when they came back and it was very clear that they approached the City and said we want to phase this in. It was a $93.6 million dollar investment and the request went from $20.7 million to $14.6 million dollar, the (inaudible) participation went to a $14 million dollar request from the City. That's a difference of almost $6 million dollars. And to your point againwe've tasked staff with coming back with a recommendation for us from a funding standpoint and that funding standpoint has gone from we want to tell you how we can pay for this and service the debt to we want to tell the developer that they should build it all at one time. Those are two distinct things. Those are two distinct things. And so to the degree that as the commissioner from the 4ff indicated, as the commissioner from the 4ft indicated, this is an important project. I couldn't agree more. I think it's high time for us to speak to that. The Chair recognizes the Mayor Pro Tem. Ms. Davis: Thank you, Mr. Mayor. Can I ask Mr. MacKenzie something please? Mr. Mayor: Attorney MacKenzie. Ms. Davis: Because I agree with Commissioner Hasan. We never want to put ourselves in any danger with taxpayer money and that's not anybody's intention up here. This resolution, is this saying that we are issuing these bonds for this project? Is that what this is or what is the intent of this resolution? Mr. MacKenzie: It is a resolution that authorizes the execution of the attached agreement which would bind the City to issue bonds subject to a number of conditions which is a due diligence period as well as some other items that are still yet remaining so it still is a contingent commitment that you would have an option later to review your due diligence, the feasibility of the project to include whether or not having one or two phases so if you did that later based on the current motion and decided you still wanted it to be two phases you could still do that at a later time. Ms. Davis: So if during this due diligence something came back to us that we were not comfortable with, would we be able to say no to this project? Mr. MacKenzie: That's correct. Ms. Davis: Okay. Thank you, Mr. Mayor. Mr. Mayor: All right. We have a substitute motion before us. We're going to do a roll call vote as the commissioner from the 9ft has requested. Madam Clerk. This is on the substifute motion. The Clerk: Ms. Davis. Ms. Davis: Yes, ma'am. The Clerk: Mr. Fennoy. Mr. Fennoy: No. 10 The Clerk: Mr. Frantom. Mr. Frantom: Yes, ma'am. The Clerk: Mr. Guilfoyle. Mr. Guilfoyle: Yes, ma'am. The Clerk: Mr. Hasan. Mr. Hasan: No. The Clerk: Mr. Jefferson. Mr. Jefferson: No. The Clerk: Mr. Sias. Mr. Sias: No, ma'am. The Clerk: Mr. Smith Mr. Smith: Yes. The Clerk: Mr. Dennis Williams. Mr. D. Williams: No. The Clerk: Mr. Marion Williams. Mr. M. Williams: Present. Mr. Fennoy, Mr. Hasan, Mr. Jefferson, Mr. Sias and Mr. D. Williams vote No. Mr. M. Williams votes Present. Motion fails 4-5-1. Mr. Mayor: All right, we're now back to the main motion. Mr. Guilfoyle: Roll call. Mr. Mayor: Absolutely. The Clerk: Ms. Davis. Ms. Davis: I do not want this deal to fail so I'm going to say yes, ma'am, to this. 77 The Clerk: Mr. Fennoy. Mr. Fennoy: Repeat the main motion please. The Clerk: Sir, what the main motion is? The motion as stated by the Administrator. Ms. Jackson: You still need me to read it? Mr. Mayor: Yes, please. Ms. Jackson: Approve the authoizingResolution as recommended by the General Counsel on Julyl0, 2018 with the attached Intergovernmental Downtown Development Contract and incorporation of the Administrator's recommendations relative to the eleven items of concern as listed in the attached document. Mr. Fennoy: Yes. The Clerk: Mr. Frantom. Mr. Frantom: No. The Clerk: Mr. Guilfoyle. Mr. Guilfoyle: Yes. The Clerk: Mr. Hasan. Mr. Hasan: Yes. The Clerk: Mr. Jefferson. Mr. Jefferson: Yes. The Clerk: Mr. Sias. Mr. Sias: Yes, ma'am. The Clerk: Mr. Smith. Mr. Smith: Yes. The Clerk: Mr. Dennis Williams. Mr. D. Williams: Yes. The Clerk: Mr. Marion Williams. L2 Mr. M. Williams: Present. Mr. Frantom votes No. Mr. M. Williams votes Present. Motion carries 8-1-1. Mr. Guilfoyle: Are you done? Mr. Mayor: No, we're not done. We've got a long day ahead of us. All right, as I understand it, we have a special called meeting agenda that there are a number of items on it and that'll be our next order of business. Okay. Madam Clerk, we're going to go top to bottom. 3. Motion to approve Whitewater/Savannah River Design Contract. @equested by Commissioner Sammie Sias) Mr. Mayor: The Chair recognizes the commissioner from the 4ff. Mr. Sias: Mr. Mayor, thank you. This is an item we had on our agenda last time. As far as getting a design approved, a contract approved to move forward on the design work for the whitewater possibility of rafting, I don't have a whole lot to say on today. The fact that we've seen this before as you have stated on several occasions when we see documents and things on more than one occasion, so we've seen this. So move to approve. Mr. Hasan: Second. Mr. Mayor: So we've got a motion and a second. Voting. Motion carries 10-0. 4. Motion to request authorization to proceed with drafting edits to the Augusta, Georgia Code, Chapter 3 Street Lighting, Section 7-3 to modify fee structure for the street light system. (Requested by Commissioner Sammie Sias) Mr. Mayor: The Chair recognizes the commissioner from the 4m. Mr. Sias: Thank you, Mr. Mayor. We've had a sub-committee that has met on multiple Occasions to talk about the street light issue and this issue is not just about street lights in our city. It is also about how we finance and pay for the existing street lights and any future improvements. And we've had several plans but first ofi Mr. Mayor, we need to say for myself and my colleagues our understanding. We need to have a clear understanding of the position financially of where we're at with our street lights and I would like to start with our Administrator and any of the staff that she desires to assist us in briefing on the quagmire that we're in as far as financing and paying for our street lights. Mr. Mayor: Do we need another full-fledged presentation? Again if I remember correctly what's being asked is to allow the attomey to proceed with drafting changes to an 13 ordinance which will then be reviewed by this body and ultimately either adopted or rejected. Is that true? Mr. Sias: That is true and basically it was authorization just to allow them to start making, writing up a draft. Move to approve. Mr. Jefferson: Second. Mr. Mayor: The Chair recognizes the commissioner from the 9ft. State your inquiry. Mr. M. Williams: Thank you, Mr. Mayor. This has been brought before. The street light committee I thought was purposed to discuss street lights, even the financing of them and how we're paying. Should have came back to either Administrative Services or Engineering Services or whatever committee it reports to. I'm hearing now that we need to give them authority to negotiate or look at the street light code and bring us something back. But once you bring it back then it's something to vote on then. They ought to be able to give us something before they codifu, before they put it together so we can determine whether or not that's the direction we want to go in. Now this is not our first time in knowing that street lights have been an issue. There have been problems. We've done balanced I don't know how many budgets and we've balanced the budget but the street lights weren't included, wasn't taken care of. So how do we surpass that now and then put it out there to have the finance and the attomey and whoever department to coordinate a code to bring back to us because once the code gets back, the next thing, the next step is to vote on it. Mr. Mayor: Well, I think the gentleman knows of what he speaks. That's been a process that's been tried and true where you make changes, you come back and review thern. If you like them, you support them and if you don't, you reject them. And so it's happened with the animal services ordinance, it happened most recently with the smoking ordinance, it happened most recently with the PTV ordinance so it's a tried and true method that has a little caveat that this body decided to put in as opposed to being able to freely just go out and say I want somebody to go out and draft this and then we talk about it. So what I might suggest is why don't we just vote up or down and go on to the next one. Mr. M. Williams: Mr. Mayor, it's kind of like speeding down the highway. Once you get caught speeding, you ought to stop. You ought not to keep doing it because you've been doing it for a long time. We may have been doing it that way but that don't necessarily make it right so and my question is though we've put it on a special called meeting agenda, we've had it. I don't understand. The process has already been laid out, how this thing is supposed to work, but now we decide when we want a special called meeting to talk about stuff that didn't get passed in committee or somewhere and that's the way we do it? Mr. Mayor: I believe the gentlernan knows of what he speaks. The Chair recognizes the commission from the 1't. Mr. Fennoy: I'd like to ask whether the draft includes everyone paying for street light services, non-profits and churches. That the street light fee be treated like the stormwater fee where everybody gets a chance to participate. Mr. Mayor: We've got a motion and a second. Voting. Ms. Davis, Mr. D.'lfiilliams, Mr. Sias, Mr. Hasan and Mr. Frantom vote Yes. Mr. Fennoy, Mr. Jefferson, Mr. Guilfoyle, Mr. M. Williams and Mr. Smith vote No. Motion ties 5-5. Mr. Mayor: Where's Sylvia Cooper when I need her? Mr. Frantom: You know she's watching. You'll be reading about it on Sunday. The Clerk: You need your Snicker bar? Mr. Mayor: I need to be in Texas now. The Clerk: Houston, we've got a problem. Mr. Mayor: Houston, we have a problem. In the words of the commissioner from the 6m I think what he would say is that, Mayor, this is what happens when we're able to manufacture a situation that you have to vote on and that's where we are right now. Ms. Davis: I don't think so. Mr. Mayor: I'm using that word. Madam Administrator, what's the effect of this matter? Ms. Jackson: The financial impact on us is what I'm most concerned about, sir. At this point the street light fund which is a special revenue fund, I want everybody to understand that, that's separate and apart from our General Fund. That fund has been running at a deficit so unless we do something to increase the amount of revenue going into that fund, we will further our deficit. Our extemal auditors have allowed us to kind of float this for the last two or three years. They may decide that that practice is inappropriate and that could have adverse consequences on our audit. You know we've had a clean audit for the last several years. This would be something that they would call to our attention as a finding potentially. The Mayor votes Yes. Motion carries 6-5. Mr. Mayor: I really didn't. You know my apprehension is that voting is (inaudible) the Hardie Davis rule. Mr. Guilfoyle: Yeah, we know that one. Mr. Mayor: You're right. Mr. Sias: Which of the five are you talking about? Mr. Mayor: Yeah, voting is (inaudible) the Hardie Davis rule which I don't like. 15 Mr. Guilfoyle: Can we start Public Services now, sir? Mr. Mayor: No, sir. The Clerk: We have one more. Mr. Guilfoyle: We've got that on Public Services agenda. Mr. Mayor: Well, why don't you let me try to dispose of it then? Mr. Guilfoyle: Okay. Mr. Mayor: All right, that would be good. 5. Motion to reconsider the Commission vote taken on June 2812018 extending the hours of the Candlelight Jazz Concert Series to 10:30 p.m. @equested by the Administrator) Mr. Hasan: Motion to approve. Mr. Sias: Second. Mr. Mayor: We've got a motion and a second. Voting. Mr. Fennoy: You've got a hand up, Mr. Mayor. Mr. Mayor: The Chair recognizes the commissioner from the 1't. Mr. Fennoy: I'd like to make a substitute motion. Can I do that? Mr. Mayor: Sure. Mr. Fennoy: I'd like to make a substitute motion that we leave the hours of the Candlelight Jazz Concert Series up to the administration of the Recreation and Parks. Mr. Mayor: The substitute fails without a proper second. We're now back to the main motion and that is to approve extending the hours of CandleliSrtJazz Concert Series to 10:30. Voting. Mr. Fennoy votes No. Motioh carries 9-1. Mr. Mayor: So the underlined motion that we had in front of us was to reconsider the commission vote that was taken. You've now agreed that that's what you want to do. All right, I know we were all thinking we were voting to just extend the hours to 10:30. Now you've agreed to reconsider your previous action. Your previous action was to deny that - 16 Mr. Hasan: It failed or it was enough votes? Mr. Mayor: Well, it failed last time so you've reconsidered your action. Now the motion that should be before us if anyone chooses to make it is to extend the hours of Candleli ght Jazz to l0:30. The Chair will entertain a motion. Mr. M. Williams: So move extending CandlelightJazz. Mr. Smith: Second. Mr. Mayor: A motion and a second. The Super District commissioners are in alignment. They're working together. Mr. M. Williams: Always have. Mr. Mayor: Commissioner from the 10ft out of the dugout. Ready to hit the ball. All right, we're voting and this is to extend the hours. Voting. Mr. Fennoy votes No. Motion carries 9-1. Mr. Hasan: Mr. Mayor, can I ask a question before you adjourn? Mr. Mayor: All right. The Chair recognizes the commissioner from the 6ft. Mr. Hasan: Yes, sir, Mr. Mayor. As you know I wasn't here last week and I know everybody missed me. Itern number three, what happened with that last week? Did we have the same scenario? Did it pass or did it fail? Mr. Mayor: Well, let's just say that last week was a very interesting week in your absence. Let's just say in your absence we had an interesting week. But what we've done now is made amends for that so all right, Attomey MacKenzie, is there any other further business before us? Mr. MacKenzie: No, sir. Mr. Mayor: All right, this special called meeting is over. IMEETING ADJOURNED] Lena J. Bonner Clerk of Commission t7 CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certiff that the above is a true and correct copy of the minutes of the Called Meeting of the Augusta Richmond County Commission held on iuly 10,2019. Clerk of Commission 18 Commission Meeting Agenda 7/17/2018 2:00 PM Legislatiave Delegation Appointments Department: Department: Caption:Motion to ratify the reappointments and appointments of the Richmond County Legislative Delegation as follows: reappoint Aishia Leverett and Lawrence Washington - Augusta Port Authority; Ethion Rowe and Chris Booker - ARC Zoning Appeals Bd.; Gwen Roundtree and Lillie Hamilton - ARC Library Bd.; Cedric Johnson - Coliseum Authority; Charles Lamback - General Aviation Commission; Robert Cook and Debra Spencer - Planning Commission; Denice Traina and Charles Cummings - Transit Citizen Advisory Cmte.; Randy Wishard - Animal Control; Eugene Tanzymore, Kitty Cato and Clyde Lester - Sheriff 's Merit Board; Larry Harris and Dan Troutman - Augusta Aviation Commission. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Cover Memo F rom: Home Phone -\fi n €;\ - I diAl BrJs-. Ptrcxtg DaiB of Bffil Mde_ R€g[sured VceVesjl Vctling Education: Hlgh Cotege 04/'19/20't0 10:45 #397 P.002t002 renae-{- TAI-EI'[{ BAI'IK TNFORMATION OL'ESTION}{AIRE TobecompleEdbyp€rsomdssirhgtp\reftffitB€{*t"" 1ffi NOIE: tuiy informatbn erilered on this guestionnaire would bacome prblibiftformdion upon yout appoinimBnt z 3. +. 6. 7- S€r No Miltial Staad: Sngb-la Ua1;reO- SeParabd EngEged- Dlvord ,+5 8. s. 10. 11. Race:lYhlE_Nrican-nmerican 1 Spsnhh Sumame(Ametican lrdEn 'Llst Boartts ftou presenUyscnpon: iAdan Arnerican r.-Hr-Fr \\r isr . - 12. Ll6i any enBa tn which 1lou have a particuhr mBrest or eupertise. o TALENT BANK INFORMATION QUESTIONNAIRE To be cornpleted by persons desiring to volunteer their services on the ( i;lL.s-t:tt ttt Authority, Board or Commission for Augusta, Georgia. NOTE: Any infounation enlered on this questiomaire would become public information upon your submission/appointnrent. EmailAddress Home Pt orl_2O6,' Z4: ;l 145 Bu"Pl,or" 7O(,* 7rl /- f'i/,f Addr"r, .3,i S 7 /,lt'eiriStreet County State Zip /-Sex: Male_lz- Fernale Registered Voter: Voting District Martial Status:Single Manied t.1 Separated 7. 6. Education: Engaged_ Divorced 2. 4. 5. Date of Birth Race: White High i, ,! School I,L'F 4 col"e" li oft (rt c/tsi: {it/ iG 8. 9, Relatives working for the Ciry or.Counry: l,i;rf: '-, , /illrr:Stn., 10.A fi'ican -A rn "ri"un-iAsianArnerican American lndian OtherSpanish Surnamed I l. 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Ue-DrL L herl Commission Meeting Agenda 7/17/2018 2:00 PM Z-18-30 Department:Planning and Development Department:Planning and Development Caption: Z-18-30 – A request for reconsideration and concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below a petition by Kirk S. Laney, on behalf of Kirk S. Laney, sole member of Dixon Airline Recycling & Disposal LLC, requesting a change of zoning from Zone A (Agriculture) to Zone HI (Heavy Industry) affecting property containing approximately 21 acres and known as part of 1710 Dixon Airline Road. Tax Map 145-0-033-00-0 DISTRICT 6 1. Approval be granted for all lands on TPN 145-0-033-00-0 currently zoned A (Agricultural) to be rezoned to HI (Heavy Industrial) to be in conformance with existing use of the land. 2. An inspection by the City of Augusta and an inspection by the Georgia EPD must be conducted on the overall site and any prior deficiencies found on the site must be corrected or remedied prior to a business license being issued by the City of Augusta for any and all operations on the site; 3. The cemetery on the property needs to be clearly delineated on any and all site plans, plats or depictions of the site, the required cemetery buffer needs to be verified, and the cemetery and the required buffer need to be adequately fenced to prevent encroachment by any of the recycling operations should the cemetery be located in these areas; 4, An undisturbed buffer similar to the one shown on the Concept Plan submitted with the rezoning request must be enforced between the proposed mining operation and the existing residential structures. In no case, can the undisturbed buffer be reduced below 100 feet in width against the residential lots and all mining activities must be performed during the normal business hours of 8:00 am to 5:00 pm. 5. No inert fill activities may take place on the site. 6. An annual inspection, as part of the annual business license renewal, shall be conducted by Augusta Code Enforcement inspectors to ensure compliance with all provisions of this zoning action. Background: Cover Memo Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/17/2018 2:00 PM Z-18-31 Department:Planning and Development Department:Planning and Development Caption: Z-18-31 – A request for reconsideration and concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below a petition by Kirk S. Laney, on behalf of Kirk S. Laney, sole member of Dixon Airline Recycling & Disposal LLC, requesting a Special Exception to establish a Recycling Area for Concrete, Asphalt and Wood materials in the HI (Heavy Industrial) Zone per Section 24-2 (a) (17) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately 150 acres and known as 1710 Dixon Airline Road. Tax Map 145-0-033- 00-0 DISTRICT 6 1. Approval be granted only for the areas specified for recycling on the Concept Plan presented with the zoning case, which includes an approximately 3.16 acre area for concrete recycling, an approximately 2.99 acre area for asphalt recycling and an approximately 3.35 acre area for land clearing wood debris recycling. 2. The property owner must maintain the proper permitting from EPD for the portable crusher, as long as the portable crusher is being utilized on the site. 3. The portable crusher must not be utilized outside of the areas specified for recycling on the Concept Plan, which includes an approximately 3.16 acre area for concrete recycling, an approximately 2.99 acre area for asphalt recycling and an approximately 3.35 acre area for land clearing wood debris recycling. 4. An inspection by the City of Augusta and an inspection by the Georgia EPD must be conducted on the overall site and any prior deficiencies found on the site must be corrected or remedied prior to a business license being issued by the City of Augusta for any and all operations on the site; 5. The cemetery on the property needs to be clearly delineated on any and all site plans, plats or depictions of the site, the required cemetery buffer needs to be verified, and the cemetery and the required buffer need to be adequately fenced to prevent encroachment by any of the recycling operations should the cemetery be located in these areas; 6. The Site Plan for the recycling activity must comply with any other State and Federal Cover Memo ordinances and regulations in effect at the time of development. 7. All recycling / production / crushing or reduction activities must be performed during the normal business hours of 8:00 am to 5:00 pm. 8. No inert fill activities may take place on the site. Concrete, asphalt and land clearing wood debris brought into the site, from offsite, shall be for recycling purposes only, and recycled or reduced materials must conform to the EPD Rule for such activities. All recycled or reduced concrete, asphalt, and land clearing wood materials shall not remain on the property indefinitely. 9. An annual inspection, as part of the annual business license renewal, shall be conducted by Augusta Code Enforcement inspectors to ensure compliance with all provisions of this zoning action. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/17/2018 2:00 PM Z-18-36 Department:Planning and Development Department:Planning and Development Caption: Z-18-36 – A request for concurrence with the Augusta Planning Commission to approve with the conditions below a petition by James Jacobs requesting a change of zoning from Zone R-1A (One-family Residential) and Zone B-1 (Neighborhood Business) to Zone B-1 affecting property containing 1.12 acres and known as 3004 Skinner Mill Road. Tax Map 018-0-013- 01-0 DISTRICT 7 1. A Traffic Impact Assessment shall be commissioned at the cost of the application to determine which, if any, roadway improvements must be made to mitigate the impact of additional traffic to and from the site. Roadway improvements, if required, by the Traffic Study or the Augusta Traffic Engineer, will be performed at the cost of the applicant. 2. The conceptual site plan submitted and evaluated is for the purpose of the current zoning action only. Issuance of development permits shall be contingent upon the submission and approval of development plans meeting all applicable development regulations. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: Cover Memo REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/17/2018 2:00 PM James Brown Museum Department: Department: Caption:Discuss establishing a James Brown Museum at the old Regency Mall Site. (Deferred from the June 19, 2018 Commission Meeting requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/17/2018 2:00 PM Commission's Executive Session Agenda Department: Department: Caption:Discuss the process for placing agenda item(s) on the Commission's Executive Session agenda. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/17/2018 2:00 PM Removal of Junk Vehicles Department: Department: Caption:Discuss the Marshal Office's notification process for removal of junk/abandoned vehicle. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/17/2018 2:00 PM EMS Management & Consultants, Inc Department: Department: Caption:Motion to award RFP #18-149 to EMS Management & Consultants, Inc. and to authorize the Mayor to execute the contract with EMS Management & Consultants, Inc. (Requested by Commissioner Sammie Sias) Background:The Augusta Fire Department provides a two-tier EMS response program. On all dispatches for EMS service, a fire company may be dispatched to evaluate the need for service, provide medical assistance, stabilize the patient, and collect data regarding patient condition and billing information. Additionally, Augusta Fire Department ambulances respond to all structure fires in the event of need of emergency medical services and respond to 911 EMS calls when authorized. Currently, Augusta, Georgia receives no compensation for EMS- related calls and treatments. An RFP (#18-149) was put out for bid for companies interested in providing billing services for Augusta, Georgia’s EMS-related calls and treatments. EMS Management & Consultants, Inc. was deemed the most responsive and responsible bidder. They will provide billing and collection services for Augusta, Georgia’s EMS-related calls and treatments and their fees will be 5.75% of fees collected. Analysis:Augusta, Georgia is already providing EMS-related services to the citizens and visitors of Augusta, Georgia. Billing for these services is in accordance with national EMS business practices. Financial Impact:This Agreement will result in a positive net flow for Augusta, Georgia because EMS services are already being provided, this will simply provide a funding source for those services and all fees under this contract will come from funds collected. Alternatives:Deny and continue to provide EMS services at no cost. Cover Memo Recommendation:Approve motion to award RFP #18-149 to EMS Management & Consultants, Inc. to provide medical billing for Augusta, Georgia. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo 31822782v2 BILLING SERVICES AGREEMENT THIS BILLING SERVICES AGREEMENT (hereinafter “Agreement”), is entered into this ______ day of July, 2018 between EMS MANAGEMENT & CONSULTANTS, INC. (hereinafter “EMS|MC”) and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (hereinafter “Client”). WITNESSETH: WHEREAS, EMS|MC is an ambulance billing service company with experience in providing medical billing and collection services to medical transport providers, including fire and rescue and emergency medical service (EMS) providers; and WHEREAS, Client is normally engaged in the business of providing emergency medical services, and billable medical transportation services; and WHEREAS, Client desires to engage a qualified and experienced coding, billing, and collections firm to furnish professional services in coding, billing, and collections for Client pursuant to Client’s RFP #18-149; and WHEREAS, EMS|MC responded to RFP #18-149 and has represented to Augusta that it is willing, experienced, and qualified to provide the services contained here; and WHEREAS, Client wishes to retain EMS|MC to provide medical billing, collection and related services as set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual agreements described below and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. ENGAGEMENT. a. During the term of this Agreement, EMS|MC shall provide routine billing, bill processing and fee collection services reasonably required and customary for service providers of similar size and situation to Client (the “Revenue Cycle Management Services” or “RCM Services”). The RCM Services shall include: (1) preparing and submitting initial and secondary claims and bills for Client to insurers and others responsible for payment; (2) performing reasonable and diligent routine collection efforts to secure payments from primary and secondary payers and patients or other entities, (as EMS|MC, in its sole discretion deems appropriate); (3) issuing up to three patient 2 31822782v9 statements for all unpaid balances; and (4) referring accounts which have not been collected during EMS|MC normal billing cycle to an outside collection agency if so directed by Client. b. Collectively, the RCM Services, any applicable Software and Hardware and any other services that EMS|MC provides to Client shall be referred to as the “Services”. 2. EMS|MC Responsibilities. a. EMS|MC will provide the RCM Services in material compliance with all applicable state and federal laws and regulations. b. EMS|MC will provide assistance and guidance to Client to complete the Medicare and Medicaid provider application process. This will include completing and submitting the applications to Medicare and Medicaid. Client will assist and provide all necessary information needed to ensure an accurate and timely application as well as having the applications signed by an authorized representative of the City of Augusta. c. EMS|MC will submit all “Completed Claims” to the applicable third-party payer. A “Completed Claim” is a claim for emergency medical services and billable medical transportation services that (i) is received by EMS|MC and supported by an ePCR record that contains all necessary and accurate information; (ii) has been reviewed and any identified issues sent to Client for remediation have been rectified; (iii) is for a patient encounter that has been electronically signed off by Client in the ePCR; (iv) has been reviewed by Client and deemed ready for billing; and (v) is not subject to a billing hold. EMS|MC will not have any responsibility for any adverse impact to Client that may result from any delay of Client in completing claims. d. Accounts with outstanding balances after the insurance and/or third-party payer has determined benefits due will be billed by EMS|MC to the patient. EMS|MC will send up to three patient statements to the patient or responsible party, except as to those accounts on which an insurance carrier or third-party payer has accepted responsibility to pay. Once Client has submitted all necessary information, EMS|MC will bill all uninsured patients directly. e. Within ten (10) business days of the last business day of the month, EMS|MC will provide to Client a month end report, which shall include an account analysis report, aging report and accounts receivables reconciliation report for the previous month. Deposit reports will be provided daily. f. During the term of this Agreement, EMS|MC shall maintain, provide appropriate storage and data back-up for all billing records pertaining to the RCM 3 31822782v9 Services provided by EMS|MC hereunder. Upon at least five (5) business days’ prior written notice, EMS|MC shall make such records accessible to Client during EMS|MC business hours. Upon termination of this Agreement, trip data pertaining to the RCM Services shall be returned to Client. Notwithstanding anything to the contrary herein, Client acknowledges and agrees that EMS|MC is not a custodian of clinical records nor a clinical records repository. Client is responsible for maintaining all clinical records in accordance with Section 3(d). g. EMS|MC shall notify Client of (i) all patient complaints about clinical services within two (2) business days of receipt; (ii) all patient complaints about billing within ten (10) business days of receipt; and (iii) all notices of audit, requests for medical records or other contacts or inquiries out of the normal course of business from representatives of Medicare, Medicaid or private payers with which Client contracts or any law enforcement or government agency ("Payer Inquiries") within ten (10) business days of receipt, unless such agency prohibits EMS|MC from disclosing its inquiry to Client. h. EMS|MC will reasonably assist Client in responding to Payer Inquiries which occur in the normal course of Client’s business and arise from EMS|MC’s provision of the Services. If EMS|MC, in its sole discretion, determines that (i) Client is excessively utilizing EMS|MC’s assistance in responding to Payer Inquiries, (ii) a Payer Inquiry is outside the normal course of Client’s business; or (iii) a Payer Inquiry does not arise from the Services provided by EMS|MC, EMS|MC may charge Client, and Client shall pay, for any assistance provided by EMS|MC at EMS|MC’s then current hourly rates. Billing will not begin until EMS|MC has provided Client with five (5) business days written notice of the issue described in (i)-(iii) above and an opportunity to correct. i. EMS|MC is appointed as the agent of Client under this Agreement solely for the express purposes of this Agreement relating to billing and receiving payments and mail, receiving and storing documents, and communicating with hospitals and other entities to facilitate its duties. EMS|MC will have no authority to pledge credit, contract, or otherwise act on behalf of Client except as expressly set forth herein. j. As to all payments received from Medicare, Medicaid and other government funded programs, the parties specifically acknowledge that EMS|MC will only prepare claims for Client and will not negotiate checks payable or divert electronic fund transfers to Client from Medicare, Medicaid or any other government funded program. All Medicare, Medicaid and any other government funded program payments, including all electronic fund transfers, will be deposited directly into a bank account designated by Client to receive such payments and as to such account only Client, through its officers and directors, shall have access. 4 31822782v9 k. The Services provided by EMS|MC to Client under this Agreement are conditioned on Client’s fulfillment of the responsibilities set forth in this Agreement. l. EMS|MC shall have no responsibility to provide any of the following services: i. Determining the accuracy or truthfulness of documentation and information provided by Client; ii. Providing services outside the EMS|MC billing system; iii. Submitting any claim that EMS|MC believes to be inaccurate or fraudulent; or iv. Providing any service not expressly required of EMS|MC by this Agreement. m. For Client’s service dates that occurred prior to the mutually agreed go live date for the Services, Client agrees and understands that EMS|MC is not responsible for any services including, but not limited to, submitting claims or managing any denials, refunds or patient calls. As between Client and EMS|MC, Client is fully responsible for the proper billing and accounting of any remaining balances related to service dates that occurred prior to such go live date. 3. RESPONSIBILITIES OF CLIENT. The following responsibilities of Client are a condition of EMS|MC’s services under this Agreement, and EMS|MC shall have no obligation to provide the Services to the extent that Client has not fulfilled these responsibilities: a. Client will pay all amounts owed to EMS|MC under this Agreement. b. Client will implement standard commercially reasonable actions and processes as may be requested by EMS|MC from time-to-time to allow EMS|MC to properly and efficiently provide the RCM Services. These actions and processes include, but are not limited to, the following: i. Providing EMS|MC with complete and accurate demographic and charge information necessary for the processing of professional and/or technical component billing to third parties and/or patients including, without limitation, the following: patient identification (name, address, phone number, birth date, gender); guarantor identification and address; insurance information; report of services; special claim forms; pre- authorization numbers; and such additional information as is requested by EMS|MC; 5 31822782v9 ii. Providing EMS|MC with complete and accurate medical record documentation for each incident or patient service rendered for reimbursement, which is necessary to ensure proper billing and secure claim payment; iii. Providing EMS|MC, in a timely manner, with Patient Care Reports (PCRs) that thoroughly detail the patient’s full medical condition at the time of service and include a chronological narrative of all services and treatment rendered; iv. Obtaining authorizations and signatures on all required forms, including consent to treat, assignment of benefits, release of information and claims; v. Obtaining physician certification statements (PCS) forms for all non- emergency transports and other similar medical necessity forms or prior authorization statements as deemed necessary by the payer; vi. Obtaining or executing all forms or documentation required by Medicare, Medicaid, CHAMPUS, and any other payer or insurance carriers to allow EMS|MC to carry out its billing and other duties under this Agreement; and vii. Implementing reasonable and customary charges for complete, compliant billing. c. Client represents and warrants that the PCR and any and all associated medical records, forms and certification statements provided to EMS|MC are true and accurate and contain only factual information observed and documented by the attending field technician during the course of the treatment and transport. d. Client shall maintain Client’s own files with all original or source documents, as required by law, and only provide to EMS|MC copies of such documents. Client acknowledges that EMS|MC is not the agent of Client for storage of source documentation. e. Client will provide EMS|MC with a copy of any existing billing policy manuals or guidelines, Medicare or Medicaid reports, or any other record or document related to services or billing of Client’s accounts. f. Client will report to EMS|MC within ten (10) business days of payments received directly by Client, and promptly notify EMS|MC of any cases requiring special handling or billing. Client shall advise EMS|MC of any Payer Inquiries within ten (10) business days of receipt. 6 31822782v9 g. Client shall ensure that any refunds posted by EMS|MC are actually issued and paid to the patient, insurer, or other payer as appropriate. h. Client agrees to provide EMS|MC with administrative access to the ePCR system or similar access in order to run reports and review documents and attachments to better service Client’s account. i. Client shall provide EMS|MC with access to its facilities and personnel for the purpose of providing on-site and/or online training to such personnel. Client shall cooperate with EMS|MC and facilitate any training that EMS|MC wishes to provide. j. Client shall complete EMS|MC’s online training course within 90 days of the contract start date and all new hires will complete EMS|MC’s online documentation training within 90 days of hire date. Newly developed training materials by EMS|MC should be mutually agreed upon by the parties to be required training. k. Client shall comply with all applicable federal, state, and local laws, rules, regulations, and other legal requirements that in any way affect this Agreement or the duties and responsibilities of the parties hereunder. 4. EMS|MC WEB PORTALS. a. EMS|MC shall provide Client and those individuals appointed by Client (“Users”) with access to EMS|MC Web Portals (the “Portals”), which shall be subject to the applicable Terms of Use found on the Portals. To be appointed as a User, the individual must be an employee of Client or otherwise approved by Client and EMS|MC. Client is responsible for all activity of Users and others accessing or using the Portals through or on behalf of Client including, but not limited to, ensuring that Users do not share credentials for accessing the Portals. Client is also responsible for (i) identifying individuals who Client determines should be Users; (ii) determining and notifying EMS|MC of each User’s rights; (iii) monitoring Users’ access to and use of the Portals; (iv) acting upon any suspected or unauthorized access of information through the Portals; (v) ensuring each User’s compliance with this Agreement and the Terms of Use governing the use of the Portals; and (vi) notifying EMS|MC to deactivate a User account whenever a User’s employment, contract or affiliation with Client is terminated or Client otherwise desires to suspend or curtail a User’s access to and use of the Portals. Client agrees to follow best practices to ensure compliance with this provision. b. Client acknowledges that EMS|MC may suspend or terminate any User's access to the Portals (i) for noncompliance with this Agreement or the applicable Terms of Use; (ii) if such User poses a threat to the security or integrity of the Portals or information available therein; (iii) upon termination of Client; or (iv) upon notice of 7 31822782v9 suspension or termination of such User by Client. Client may suspend or terminate a User's access to the Portals at any time. 5. COMPENSATION OF EMS|MC. a. Client shall pay a fee for the Services of EMS|MC hereunder, on a monthly basis, in an amount equal to 5.75% percent of “Net Collections” as defined below (the “RCM Fee”). Net Collections shall mean all cash and check amounts including electronic fund transfers (EFTs) received by EMS|MC from payers, patients, attorney’s offices, court settlements, collection agencies, government institutions, debt set-off programs, group health insurance plans, private payments, credit cards, healthcare facilities or any person or entity submitting funds on a patient’s account, or any amounts paid directly to Client with or without the knowledge of EMS|MC that are paid, tendered, received or collected each month for Client’s transports, less refunds processed or any other necessary adjustments to those amounts. Price adjustments for such services shall be allowed at the completion of each contract year. Price adjustments shall not exceed the change in the average of the Consumer Price Index (CPI) for Southeast Urban Consumers, Not Seasonally Adjusted, Area: U.S. city average, Item: All item, Base Period: 1982-84=100 over the twelve months prior. b. Client shall also pay any fees associated with the Hardware or Software as set forth in the applicable Exhibit (the “Hardware Fee” and “Software Fee”, respectively). Together, the RCM Fee, the Hardware Fee and the Software Fee are referred to as the "Compensation". c. EMS|MC shall submit an invoice to Client by the tenth (10th) day of each month for the Compensation due to EMS|MC for the previous calendar month. The Compensation amount reflected on the invoice shall be paid in full by the 20th day of the month in which the invoice is first presented to Client (the “Payment Date”). Such amount shall be paid without offset unless the calculation of the amount is disputed in good faith, in which case Client shall pay the undisputed amount and shall provide EMS|MC with detailed written notice of the basis for the disputed portion no later than the Payment Date. Any invoices not disputed in writing by the Payment Date shall be deemed “undisputed” for all purposes of the Agreement. All invoices are to be paid directly from Client’s banking institution to EMS|MC via paper check, direct deposit or ACH draft initiated by EMS|MC into EMS|MC’s bank account. d. In the event of a material change to applicable law, the billing process and/or scope of Services provided in this Agreement or a material difference in any of the patient demographics provided by the Client and set forth in Exhibit C, EMS|MC reserves 8 31822782v9 the right to negotiate a fee change with Client and amend this Agreement accordingly or terminate this Agreement. e. EMS|MC may, in its sole discretion, immediately cease to provide Services for Client should the outstanding balance owed to EMS|MC become in arrears. Claims processing will not resume until all outstanding balances are paid in full or arrangements approved by EMS|MC have been made to wholly resolve any outstanding balances. 6. TERM OF AGREEMENT. a. This Agreement shall be effective commencing on July 1, 2018 and shall thereafter continue through June 30, 2020 (“Initial Term”). This Agreement shall be binding upon the parties hereto and their respective successors, assigns, and transferees. The Agreement shall have the option to automatically renew on the same terms and conditions as stated herein, for three (3) successive one (1) year terms (each a “Renewal Term”), unless either party gives written notice of intent not to renew at least 90 days before expiration of any term. Notwithstanding anything herein to the contrary, this Agreement may be terminated under the provisions provided below. (The Initial Term and any Renewal Terms are referred to as the “Term”.) b. Termination for Cause. Notwithstanding Section 6(a), either party may terminate this Agreement if the other party materially breaches this Agreement, unless (i) the breaching party cures the breach within 10 days following receipt of notice describing the breach in reasonable detail, or (ii) with respect to a breach which may not reasonably be cured within a 10-day period, the breaching party commences, is diligently pursuing cure of, and cures the breach as soon as practical following receipt of notice describing the breach in reasonable detail. c. Immediate Termination. Either party may terminate this Agreement immediately as a result of the following: i. Failure of Client to make timely payments due under this Agreement; ii. Injury to any customer, independent contractor, employee or agent of the other party hereto arising from the gross negligence or willful misconduct of a party; iii. Harassment of any employee or contractor of a party or commitment of any act by a party which creates an offensive work environment; or iv. Commitment of any unethical or immoral act which harms the other party or could have the effect of harming the other party. 9 31822782v9 d. Termination for Convenience. Either party may terminate this Agreement for convenience without further obligation upon giving the other party ninety (90) days written notice before the effective date of the termination. 7. RESPONSIBILITIES UPON TERMINATION. a. Subject to Client’s payment of all amounts due hereunder, upon any termination of this Agreement, and during the period of any notice of termination, EMS|MC will make available to Client or its authorized representatives data from the billing system regarding open accounts in an electronic format, and will otherwise reasonably cooperate and assist in any transition of the Services to Client, or its successor billing agent. Upon request, EMS|MC will provide to Client trip data associated with the claims submitted by EMS|MC on behalf of Client pursuant to this Agreement. EMS|MC shall retain financial and billing records not tendered or returned to Client on termination hereof for at least ten (10) years following the date of service. b. Following termination of this Agreement, for a period of ninety (90) days (the “Wind Down”), EMS|MC will continue its billing and collection efforts as to those accounts with dates of services prior to termination, subject to the terms and conditions of this Agreement including, but not limited to, Section 5. Client will continue to provide EMS|MC with copies of checks and payments on those accounts which were filed by EMS|MC under this Agreement. EMS|MC shall have no further responsibilities as to such accounts after the Wind Down; however, EMS|MC shall be entitled to compensation as provided in Section 5(a) for such amounts filed by EMS|MC, regardless of whether such amounts are collected by Client during or after the Wind Down period. During the Wind Down and for up to twelve months following termination of this Agreement, EMS|MC shall continue to make the Portals available to Client, subject the applicable Terms of Use. Notwithstanding the foregoing, in the event EMS|MC terminated this Agreement pursuant to Sections 6(b) or 6(c), EMS|MC shall have no obligation to provide any Services after the date of termination. 8. EXCLUSIVITY AND MISCELLANEOUS BILLING POLICIES. a. During the term of this Agreement, EMS|MC shall be Client’s exclusive provider of the RCM Services. Client may not directly file, submit or invoice for any medical or medical transportation services rendered while this Agreement is in effect. b. In addition, Client agrees not to collect or accept payment for services from any patient unless the service requested does not meet coverage requirements under any insurance program in which the patient is enrolled or the patient is uninsured. Payments received directly by Client for these services must be reported to EMS|MC as 10 31822782v9 provided in Section 3(f) hereof and shall be treated as Net Collections for purposes of Section 5(a) hereof. c. In compliance with CMS regulations, Medicare patients will not be charged by Client a higher rate or amount for identical covered services charged to other insurers or patients. Accordingly, only one fee schedule shall exist and be used in determining charges for all patients regardless of insurance coverage. d. EMS|MC reserves the right not to submit a claim for reimbursement on any patient in which the PCR and/or associated medical records are incomplete or appear to be inaccurate or do not contain enough information to substantiate or justify reimbursement. This includes missing patient demographic information, insurance information, Physician Certification Statements (PCS) or any required crew and/or patient signatures, or otherwise contradictory medical information. e. Client shall implement and maintain a working compliance plan (“Compliance Plan”) in accordance with the most current guidelines of the U.S. Department of Health and Human Services (“HHS”). The Compliance Plan must include, but not be limited to, formal written policies and procedures and standards of conduct, designation of a compliance officer, quality assurance policy and effective training and education programs. f. In accordance with the HHS Office of Inspector General (“OIG”) Compliance Program Guidance for Third-Party Medical Billing Companies, EMS|MC is obligated to report misconduct to the government, if EMS|MC discovers credible evidence of Client’s continued misconduct or flagrant, fraudulent or abusive conduct. In the event of such evidence, EMS|MC has the right to (a) refrain from submitting any false or inappropriate claims, (b) terminate this Agreement and/or (c) report the misconduct to the appropriate authorities. 9. NON-INTERFERENCE/NON-SOLICITATION OF EMS|MC EMPLOYEES. Client understands and agrees that the relationship between EMS|MC and each of its employees constitutes a valuable asset of EMS|MC. Accordingly, Client agrees that both during the term of this Agreement and for a period beginning on the date of termination of this Agreement, whatever the reason, and ending three (3) years after the date of termination of this Agreement (the “Restricted Period”), Client shall not, without EMS|MC’s prior written consent, directly or indirectly, solicit or recruit for employment or attempt to solicit or recruit for employment EMS|MC’s current employees with whom Client had material contact during the term of this Agreement, in any position where Client would receive from such employees the same or similar services that EMS|MC performed for Client during the term of this Agreement. Client also agrees during the Restricted 11 31822782v9 Period not to unlawfully urge, encourage, induce, or attempt to urge, encourage, or induce any employee of EMS|MC to terminate his or her employment with EMS|MC. Client has carefully read and considered the provisions of Section 9 hereof, and having done so, agrees that the restrictions set forth in such section (including, but not limited to, the time period) are fair and reasonable and are reasonably required for the protection of the legitimate interests of EMS|MC, its officers, directors, shareholders, and employees. 10. PRIVACY. a. Confidentiality. The Parties acknowledge that they will each provide to the other Confidential Information as part of carrying out the terms of this Agreement. EMS|MC and Client will be both a Receiving Party and a Disclosing Party at different times. The Receiving Party agrees that it will not (i) use any such Confidential Information in any way, except for the exercise of its rights and performance of its obligations under this Agreement, or (ii) disclose any such Confidential Information to any third party, other than furnishing such Confidential Information to its employees, consultants, and subcontractors, who are subject to the safeguards and confidentiality obligations contained in this Agreement and who require access to the Confidential Information in the performance of the obligations under this Agreement. In the event that the Receiving Party is required by applicable law to make any disclosure of any of the Disclosing Party’s Confidential Information, by subpoena, judicial or administrative order or otherwise, the Receiving Party will first give written notice of such requirement to the Disclosing Party, and will permit the Disclosing Party to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to the Disclosing Party in seeking to obtain such protection, at the Disclosing Party’s sole expense. “Confidential Information” means the provisions of the Agreement (including, but not limited to, the financial terms herein) and any information disclosed by a Party (the “Disclosing Party”) to the other Party (the “Receiving Party”). Information will not be deemed Confidential Information hereunder if the Receiving Party can prove by documentary evidence that such information: (a) was known to the Receiving Party prior to receipt from the Disclosing Party directly or indirectly from a source other than one having an obligation of confidentiality to the Disclosing Party; (b) becomes known (independently of disclosure by the Disclosing Party) to the Receiving Party directly or indirectly from a source other than one having an obligation of confidentiality to the Disclosing Party; (c) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the Receiving Party; or (d) is independently developed by the Receiving Party without the use of any Confidential Information of the Disclosing Party. 12 31822782v9 b. HIPAA Compliance. The parties agree to comply with the Business Associate Addendum, attached hereto and incorporated by reference herein as Attachment 1, documenting the assurances and other requirements respecting the use and disclosure of Protected Health Information. It is Client’s responsibility to ensure that it obtains all appropriate and necessary authorizations and consents to use or disclose any individually identifiable health information in compliance with all federal and state privacy laws, rules and regulations, including but not limited to the Health Insurance Portability and Accountability Act. In the event that this Agreement is, or activities permitted or required by this Agreement are, inconsistent with or do not satisfy the requirements of any applicable privacy or security law, rule or regulation, the parties shall take any reasonably necessary action to remedy such inconsistency. 11. DISCLAIMERS, LIMITATIONS OF LIABILITY AND DISPUTE RESOLUTION a. Each Party acknowledges that the liability limitations and warranty disclaimers in the Agreement are independent of any remedies hereunder and shall apply regardless of whether any remedy fails of its essential purpose. Client acknowledges that the limitations of liability set forth in this Agreement are integral to the amount of consideration offered and charged in connection with the Services and that, were EMS|MC to assume any further liability other than as provided in the Agreement, such consideration would of necessity be set substantially higher. b. EMS|MC and Client acknowledge and agree that despite their best efforts, billing errors may occur from time to time. Each party will promptly notify the other party of the discovery of a billing error. EMS|MC’s obligation in the event of a billing error will be to correct the error by making appropriate changes to the information in its system, posting a refund if appropriate, and re-billing the underlying claim if permissible. c. A “Claim” is defined as any claim or other matter in dispute between EMS|MC and Client that arises from or relates in any way to this Agreement or to the Services, hardware, software, or data provided by EMS|MC hereunder, regardless of whether such claim or matter is denominated as a contract claim, tort claim, warranty claim, indemnity claim, statutory claim, arbitration demand, or otherwise. d. To the fullest extent allowed by law, the total liability of EMS|MC to Client regarding any and all Claims shall be capped at, and shall in no event exceed, the total fees paid by Client to EMS|MC under this Agreement in the twelve (12) months prior to the event giving rise to the Claim (the “Liability Cap”). All amounts that may be potentially awarded against EMS|MC in connection with a Claim are included in and subject to the Liability Cap, and shall not cause the Liability Cap to be exceeded, including, without 13 31822782v9 limitation, all direct compensatory damages, interest, costs, expenses, and attorneys’ fees. Provided, however, that nothing in the foregoing shall be construed as an admission of liability by EMS|MC in any amount or as a waiver or compromise of any other defense that may be available to EMS|MC regarding any Claim. e. To the fullest extent allowed by law, and notwithstanding any statute of limitations, statute of repose, or other legal time limit to the contrary, no Claim shall be brought by Client against EMS|MC after the earlier of the following to occur (the “Claim Time Limit”): (i) the time period for bringing an action under any applicable state or federal statute of limitations or (ii) one (1) year after the date upon which Client discovered, or should have discovered, the facts giving rise to an alleged claim. Any Claim not brought within the Claim Time Limit is waived. The Claim Time Limit applies, without limitation, to any Claim brought in arbitration under the arbitration clause below, and shall be deemed to have been satisfied if an arbitration demand asserting such Claim is received by the American Arbitration Association (or other arbitration administrator as may be mutually agreed on by EMS|MC and Client) within the Claim Time Limit. Notwithstanding the foregoing, if a Claim has been asserted in arbitration within the Claim Time Limit, a proceeding in court to confirm, enforce, vacate, modify, correct, or amend an arbitration award resulting from such arbitration may be brought outside the Claim Time Limit as long as it is brought within the time period required by applicable law. f. TO THE FULLEST EXTENT ALLOWED BY LAW, EMS|MC AND CLIENT WAIVE CLAIMS AGAINST EACH OTHER FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, AND TREBLE DAMAGES, AND FOR ANY OTHER DAMAGES IN EXCESS OF DIRECT, COMPENSATORY DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF BUSINESS, REGARDLESS OF WHETHER SUCH CLAIM OR MATTER IS DENOMINATED AS A CONTRACT CLAIM, TORT CLAIM, WARRANTY CLAIM, INDEMNITY CLAIM, STATUTORY CLAIM, ARBITRATION DEMAND, OR OTHERWISE, EVEN IF A PARTY HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING (the “Non-Direct Damages Waiver”). g. Subject to the Liability Cap, the Claim Time Limit and the Non-Direct Damages Waiver, EMS|MC agrees to indemnify, hold harmless, and defend Client, with reasonably acceptable counsel, from and against any fines, penalties, damages, and judgments that Client becomes legally obligated to pay to a third party proximately caused by EMS|MC’s negligence or misconduct. Provided, however, that this indemnity is subject to the following further conditions and limitations: (i) Client must provide prompt written 14 31822782v9 notice to EMS|MC of the matter for which indemnity is or may be sought, within such time that no right of EMS|MC is prejudiced, and in no event no later than thirty (30) days after Client first becomes aware of the facts that give rise or may give rise to a right of indemnity; (ii) Client must allow EMS|MC the opportunity to direct and control the defense and handling of the matter for which indemnity is or may be sought; (iii) Client must not agree to any settlement or other voluntary resolution of a matter for which indemnity is or may be sought without EMS|MC‘s express consent; and (iv) Client shall not seek or be entitled to indemnify for amounts that Client reimburses or refunds to Medicaid, Medicare, any governmental entity, any insurer, or any other payer as a result of medical services or medical transportation services for which Client should not have received payment in the first place under applicable rules, regulations, standards and policies. Client waives all rights of indemnity against EMS|MC not in accordance with this subsection. h. The Liability Cap and the Claim Time Limit do not apply to claims alleging gross negligence or willful misconduct. i. All Claims between EMS|MC and Client shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association then in effect, except that either party may, at that party’s option, seek appropriate equitable relief in any court having jurisdiction. The hearing in such arbitration proceeding shall take place in Augusta, Georgia, or in such other location as may be mutually agreed on by EMS|MC and Client. The arbitrator in such proceeding, or if more than one arbitrator, each arbitrator, shall be an attorney with at least fifteen (15) years of experience in commercial litigation or in health care law. The arbitrator(s) shall have no authority to enter an award against EMS|MC that: (i) exceeds the Liability Cap; (ii) is based on a Claim brought after the Claim Time Limit; (iii) includes any damages waived by the Non-Direct Damages Waiver; or (iv) is otherwise in contravention of this Agreement. An award entered by the arbitrator(s) shall be enforceable in the United States District Court for the Southern District of Georgia or in any other court having jurisdiction. 12. GENERAL. a. Status of Parties. Nothing contained in this Agreement shall be construed as establishing a partnership or joint venture relationship between EMS|MC and Client, or as establishing an agency relationship beyond EMS|MC’s service as a billing and collection agent of Client under the express terms of this Agreement. EMS|MC and its employees and representatives shall have no legal authority to bind Client. b. Assignment. Neither this Agreement nor any rights or obligations hereunder shall be assigned by either party without prior written consent of the other party, except 15 31822782v9 that this Agreement may be assigned without consent to the survivor in any merger or other business combination including either party, or to the purchaser of all or substantially all of the assets of either party. c. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors, assigns (where permitted), and transferees. d. Notices. All notices required or permitted by this Agreement shall be in writing and shall be deemed to have been given: (i) on the day received, if personally delivered; (ii) on the day received if sent by a recognized overnight delivery service, according to the courier’s record of delivery; and (iii) on the 5th (fifth) calendar day after the date mailed by certified or registered mail. Such notices shall be addressed as follows: Client: Augusta, Georgia Fire Department Fire Chief 3117 Deans Bridge Road Augusta, GA 30906 With copy to: Augusta, Georgia Law Department General Counsel 535 Telfair Street, Building 3000 Augusta, Georgia 30901 EMS|MC: EMS Management & Consultants, Inc. Chief Executive Officer 2540 Empire Drive Suite 100 Winston-Salem, NC 27103 Either party may change its address for notices under this Agreement by giving written notice of such change to the other party in accordance with the terms of this section. 16 31822782v9 e. Governing Law and Venue. This Agreement and the rights and obligations of the parties hereunder shall be construed in accordance with and governed by the laws of the State of Georgia, notwithstanding any conflicts of law rules to the contrary. All claims, disputes, and other matters in question between Client and EMS|MC arising out of or relating to the Agreement, or the breach thereof, that are not otherwise decided by the dispute resolution methods contained herein, shall be decided in the Superior Court of Richmond County, Georgia or the United States District Court for the Southern District of Georgia, Augusta Division. EMS|MC, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in Richmond County, Georgia. f. Integration of Terms. This instrument together with all attachments, exhibits and schedules constitutes the entire agreement between the parties, and supersedes all prior negotiations, commitments, representations and undertakings of the parties with respect to its subject matter. RFP #18-149 and EMS|MC’s response thereto are hereby incorporated as though fully stated herein and are part of this instrument. Priority of documents shall be: (1) this Agreement, (2) RFP #18-149, and (3) EMS|MC’s response to RFP #18-149. g. Amendment and Waiver. This Agreement may be amended or modified only by an instrument signed by all of the parties. A waiver of any provision of this Agreement must be in writing, designated as such, and signed by the party against whom enforcement of the waiver is sought. The waiver of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent or other breach thereof. h. Severability. If any provision of this Agreement shall not be valid for any reason, such provision shall be entirely severable from, and shall have no effect upon, the remainder of this Agreement. Any such invalid provision shall be subject to partial enforcement to the extent necessary to protect the interest of the parties hereto. i. Force Majeure. With the exception of Client’s payment obligation, a Party will not be in breach or liable for any delay of its performance of this Agreement caused by natural disasters or other unexpected or unusual circumstances reasonably beyond its control. j. Third Party Beneficiaries. There are no third-party beneficiaries to this Agreement. k. Counterparts. This Agreement may be executed in multiple counterparts by a duly authorized representative of each party. 17 31822782v9 l. Survival. All terms which by their nature survive termination shall survive termination or expiration of the Agreement including, but not limited to, Sections 3(c), 3(f) – (h), 5(a), 5(c), 7, 9 – 12. m. Prohibition Against Contingent Fees. EMS|MC warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by EMS|MC for the purpose of securing business and that EMS|MC has not received any non-Client fee related to this Agreement without prior written consent of Client. For breach or violation of this warranty, Client shall have the right to annul this Agreement without liability or at its discretion deduct from the Compensation the full amount of such commission, percentage, brokerage, or contingent fee. n. Temporary Suspension or Delay of Performance of Contract. To the extent that it does not alter the scope of this Agreement, Client may unilaterally order a temporary stopping of the work or delay of the work to be performed by EMS|MC under this Agreement. o. EMS|MC Insurance. EMS|MC shall at all times that this Agreement is in effect, caused to be maintained in force and effect an insurance policy(s) that will ensure and indemnify Augusta against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of EMS|MC in performance of the work during the term of this Agreement. EMS|MC shall provide, at all times that this Agreement is in effect, insurance with limits of not less than: i. Workmen’s Compensation Insurance: in accordance with the State of North Carolina; ii. Professional Liability Insurance: in an amount of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. All policies of insurance required under this Paragraph will provide that they may not be canceled nor the coverage materially changed without thirty (30) days prior written notice to Client. p. Modification or amendment. EMS|MC acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and signature of the Mayor. Under Georgia law, EMS|MC is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual 18 31822782v9 obligations and the consequences of EMS|MC's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the EMS|MC may be precluded from recovering payment for such unauthorized goods or services. Accordingly, EMS|MC agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the EMS|MC provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by EMS|MC. EMS|MC assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity. q. Local Small Business Program. In accordance with Chapter 10B of the Augusta, GA. Code, EMS|MC agree to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia upon request. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE, EMS|MC shall report to Augusta, Georgia the total dollars paid to each subcontractor, vendor, or other business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors, if any, as required by Augusta, Georgia. Such utilization reports shall be in the format specified by the Director of Minority and Small Business Opportunities, and shall be submitted at such times as required by Augusta, Georgia. Required forms can be found at www.augustaga.gov. If you need assistance completing a form or filing information, please contact the Local Small Business Opportunity Program Office at (706)821-2406. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor and/or collecting liquidated damages. 19 31822782v9 IN WITNESS WHEREOF, the undersigned have caused this Agreement to be duly executed on the later of the dates set forth below. Each person whose signature appears hereon represents, warrants and guarantees that he/she has been duly authorized and has full authority to execute this Agreement on behalf of the party on whose behalf this Agreement is executed. EMS|MC: CLIENT: EMS Management & Consultants, Inc. Augusta, Georgia By: ____________________________ By: ____________________________ Print Name: _____________________ Print Name: Hardie Davis, Jr. Title: ___________________________ Title: Mayor Date: ___________________________ Date: __________________________ 20 31822782v9 Exhibit A Patient Demographics Provided by Client 1. Projected annual billable trip volume: 3,000 2. Payor mix: Medicare – 44.05% Medicaid – 13.18% Insurance – 19.72% Self-Pay – 23.03% 3. Run mix: ALS-E – 59.90% BLS-E – 39.0% ALS2 – 1.10% 4. Loaded mileage: 6.0 21 31822782v9 Attachment 1 Business Associate Addendum This Business Associate Addendum (the “Addendum”) is made effective the ____ day of April 2018, by and between City of Augusta hereinafter referred to as “Covered Entity,” and EMS Management & Consultants, Inc., hereinafter referred to as “Business Associate” (individually, a “Party” and collectively, the “Parties”). WITNESSETH: WHEREAS, the Parties wish to enter into a Business Associate Addendum to ensure compliance with the Privacy and Security Rules of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA Privacy and Security Rules”) (45 C.F.R. Parts 160 and 164); and WHEREAS, the Health Information Technology for Economic and Clinical Health (“HITECH”) Act of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, modified the HIPAA Privacy and Security Rules (hereinafter, all references to the “HIPAA Privacy and Security Rules” include all amendments thereto set forth in the HITECH Act and any accompanying regulations); and WHEREAS, the Parties have entered into a Billing Services Agreement (the “Agreement”) whereby Business Associate will provide certain services to Covered Entity and, pursuant to such Agreement, Business Associate may be considered a “business associate” of Covered Entity as defined in the HIPAA Privacy and Security Rules; and WHEREAS, Business Associate may have access to Protected Health Information or Electronic Protected Health Information (as defined below) in fulfilling its responsibilities under the Agreement; and WHEREAS, Covered Entity wishes to comply with the HIPAA Privacy and Security Rules, and Business Associate wishes to honor its obligations as a Business Associate to Covered Entity. THEREFORE, in consideration of the Parties’ continuing obligations under the Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to the provisions of this Addendum. I. DEFINITIONS Except as otherwise defined herein, any and all capitalized terms in this Addendum shall have the definitions set forth in the HIPAA Privacy and Security Rules. In the event of an inconsistency between the provisions of this Addendum and mandatory provisions of the HIPAA Privacy and Security Rules, as amended, the HIPAA Privacy and Security Rules in effect at the time shall control. Where provisions of this Addendum are different than those mandated by the HIPAA Privacy and Security Rules, but are nonetheless permitted by the HIPAA Privacy and Security Rules, the provisions of this Addendum shall control. The term “Breach” means the unauthorized acquisition, access, use, or disclosure of protected health information which compromises the security or privacy of such information, except where an unauthorized person to whom such information is disclosed would not reasonably have been able to retain such information. The term “Breach” does not include: (1) any unintentional acquisition, access, or use of protected health information by any employee or individual acting under the authority of a covered entity 22 31822782v9 or business associate if (a) such acquisition, access, or use was made in good faith and within the course and scope of the employment or other professional relationship of such employee or individual, respectively, with the covered entity or business associate, and (b) such information is not further acquired, accessed, used, or disclosed by any person; or (2) any inadvertent disclosure from an individual who is otherwise authorized to access protected health information at a facility operated by a covered entity or business associate to another similarly situated individual at same facility; and (3) any such information received as a result of such disclosure is not further acquired, accessed, used, or disclosed without authorization by any person. The term “Electronic Health Record” means an electronic record of health-related information on an individual that is created, gathered, managed, and consulted by authorized health care clinicians and staff. The term “HIPAA Privacy and Security Rules” refers to 45 C.F.R. Parts 160 and 164 as currently in effect or hereafter amended. The term “Protected Health Information” means individually identifiable health information as defined in 45 C.F.R § 160.103, limited to the information Business Associate receives from, or creates, maintains, transmits, or receives on behalf of, Covered Entity. The term “Electronic Protected Health Information” means Protected Health Information which is transmitted by or maintained in Electronic Media (as now or hereafter defined in the HIPAA Privacy and Security Rules). The term “Secretary” means the Secretary of the Department of Health and Human Services. The term “Unsecured Protected Health Information” means Protected Health Information that is not rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary in guidance published in the Federal Register at 74 Fed. Reg. 19006 on April 27, 2009 and in annual guidance published thereafter. II. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE a. Business Associate may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Agreement or this Addendum, provided that such use or disclosure would not violate the HIPAA Privacy and Security Rules if done by Covered Entity. Until such time as the Secretary issues regulations pursuant to the HITECH Act specifying what constitutes “minimum necessary” for purposes of the HIPAA Privacy and Security Rules, Business Associate shall, to the extent practicable, disclose only Protected Health Information that is contained in a limited data set (as defined in Section 164.514(e)(2) of the HIPAA Privacy and Security Rules), unless the person or entity to whom Business Associate is making the disclosure requires certain direct identifiers in order to accomplish the intended purpose of the disclosure, in which event Business Associate may disclose only the minimum necessary amount of Protected Health Information to accomplish the intended purpose of the disclosure. b. Business Associate may use Protected Health Information in its possession for its proper management and administration and to fulfill any present or future legal responsibilities of Business Associate, provided that such uses are permitted under state and federal confidentiality laws. c. Business Associate may disclose Protected Health Information in its possession to third parties for the purposes of its proper management and administration or to fulfill any present or future legal responsibilities of Business Associate, provided that: 23 31822782v9 1. the disclosures are required by law; or 2. Business Associate obtains reasonable assurances from the third parties to whom the Protected Health Information is disclosed that the information will remain confidential and be used or further disclosed only as required by law or for the purpose for which it was disclosed to the third party, and that such third parties will notify Business Associate of any instances of which they are aware in which the confidentiality of the information has been breached. d. Until such time as the Secretary issues regulations pursuant to the HITECH Act specifying what constitutes “minimum necessary” for purposes of the HIPAA Privacy and Security Rules, Business Associate shall, to the extent practicable, access, use, and request only Protected Health Information that is contained in a limited data set (as defined in Section 164.514(e)(2) of the HIPAA Privacy and Security Rules), unless Business Associate requires certain direct identifiers in order to accomplish the intended purpose of the access, use, or request, in which event Business Associate may access, use, or request only the minimum necessary amount of Protected Health Information to accomplish the intended purpose of the access, use, or request. Covered Entity shall determine what quantum of information constitutes the “minimum necessary” amount for Business Associate to accomplish its intended purposes. e. Business Associate may use Protected Health Information to de-identify such information in accordance with 45 C.F.R. § 164.514(b) for Business Associate’s own business purposes or in connection with the services provided pursuant to the Agreement or to provide Data Aggregation services to Customer as permitted by 45 C.F.R. 164.504(e)(2)(i)(b). Once the Protected Health Information has been de-identified or aggregated, it is no longer considered Protected Health Information governed by this Addendum. III. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE a. Business Associate acknowledges and agrees that all Protected Health Information that is created or received by Covered Entity and disclosed or made available in any form, including paper record, oral communication, audio recording, and electronic display by Covered Entity or its operating units to Business Associate or is created or received by Business Associate on Covered Entity’s behalf shall be subject to this Addendum. b. Business Associate agrees to not use or further disclose Protected Health Information other than as permitted or required by the Agreement, this Addendum or as required by law. c. Business Associate agrees to use appropriate safeguards to prevent use or disclosure of Protected Health Information other than as provided for by this Addendum. Specifically, Business Associate will: 1. implement the administrative, physical, and technical safeguards set forth in Sections 164.308, 164.310, and 164.312 of the HIPAA Privacy and Security Rules that reasonably and appropriately protect the confidentiality, integrity, and availability of any Protected Health Information that it creates, receives, maintains, or transmits on behalf of Covered Entity, and, in accordance with Section 164.316 of the HIPAA Privacy and Security Rules, implement and maintain reasonable and appropriate policies and procedures to enable it to comply with the requirements outlined in Sections 164.308, 164.310, and 164.312; and 2. report to Covered Entity any use or disclosure of Protected Health Information not provided for by this Addendum of which Business Associate becomes aware. Business Associate shall report to Covered Entity any Security Incident of which it becomes aware. Notice is deemed to have been 24 31822782v9 given for unsuccessful Security Incidents, such as (i) “pings” on an information system firewall; (ii) port scans; (iii) attempts to log on to an information system or enter a database with an invalid password or user name; (iv) denial-of-service attacks that do not result in a server being taken offline; or (v) malware (e.g., a worms or a virus) that does not result in unauthorized access, use, disclosure, modification or destruction of Protected Health Information. d. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of Covered Entity, agrees to the same restrictions and conditions that apply through this Addendum to Business Associate with respect to such information. e. Business Associate agrees to comply with any requests for restrictions on certain disclosures of Protected Health Information to which Covered Entity has agreed in accordance with Section 164.522 of the HIPAA Privacy and Security Rules and of which Business Associate has been notified by Covered Entity. In addition, and notwithstanding the provisions of Section 164.522 (a)(1)(ii), Business Associate agrees to comply with an individual’s request to restrict disclosure of Protected Health Information to a health plan for purposes of carrying out payment or health care operations if the Protected Health Information pertains solely to a health care item or service for which Covered Entity has been paid by in full by the individual or the individual’s representative. f. At the request of the Covered Entity and in a reasonable time and manner, not to extend ten (10) business days, Business Associate agrees to make available Protected Health Information required for Covered Entity to respond to an individual’s request for access to his or her Protected Health Information in accordance with Section 164.524 of the HIPAA Privacy and Security Rules. If Business Associate maintains Protected Health Information electronically, it agrees to make such Protected Health Information available electronically to the applicable individual or to a person or entity specifically designated by such individual, upon such individual’s request. g. At the request of Covered Entity and in a reasonable time and manner, Business Associate agrees to make available Protected Health Information required for amendment by Covered Entity in accordance with the requirements of Section 164.526 of the HIPAA Privacy and Security Rules. h. Business Associate agrees to document any disclosures of and make Protected Health Information available for purposes of accounting of disclosures, as required by Section 164.528 of the HIPAA Privacy and Security Rules. i. Business Associate agrees that it will make its internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity, available to the Secretary for the purpose of determining Covered Entity’s compliance with the HIPAA Privacy and Security Rules, in a time and manner designated by the Secretary, subject to attorney-client and other applicable privileges. j. Business Associate agrees that, while present at any Covered Entity facility and/or when accessing Covered Entity’s computer network(s), it and all of its employees, agents, representatives and subcontractors will at all times comply with any network access and other security practices, procedures and/or policies established by Covered Entity including, without limitation, those established pursuant to the HIPAA Privacy and Security Rules. k. Business Associate agrees that it will not directly or indirectly receive remuneration in exchange for any Protected Health Information of an individual without the written authorization of the individual or the individual’s representative, except where the purpose of the exchange is: 25 31822782v9 1. for public health activities as described in Section 164.512(b) of the Privacy and Security Rules; 2. for research as described in Sections 164.501 and 164.512(i) of the Privacy and Security Rules, and the price charged reflects the costs of preparation and transmittal of the data for such purpose; 3. for treatment of the individual, subject to any further regulation promulgated by the Secretary to prevent inappropriate access, use, or disclosure of Protected Health Information; 4. for the sale, transfer, merger, or consolidation of all or part of Business Associate and due diligence related to that activity; 5. for an activity that Business Associate undertakes on behalf of and at the specific request of Covered Entity; 6. to provide an individual with a copy of the individual’s Protected Health Information pursuant to Section 164.524 of the Privacy and Security Rules; or 7. other exchanges that the Secretary determines in regulations to be similarly necessary and appropriate as those described in this Section III.k. l. Business Associate agrees that it will not directly or indirectly receive remuneration for any written communication that encourages an individual to purchase or use a product or service without first obtaining the written authorization of the individual or the individual’s representative, unless: 1. such payment is for a communication regarding a drug or biologic currently prescribed for the individual and is reasonable in amount (as defined by the Secretary); or 2. the communication is made on behalf of Covered Entity and is consistent with the terms of this Addendum. m. Business Associate agrees that if it uses or discloses patients’ Protected Health Information for marketing purposes, it will obtain such patients’ authorization before making any such use or disclosure. n. Business Associate agrees to implement a reasonable system for discovery of breaches and method of risk analysis of breaches to meet the requirements of HIPAA, The HITECH Act, and the HIPAA Regulations, and shall be solely responsible for the methodology, policies, and procedures implemented by Business Associate. o. State Privacy Laws. Business Associate shall understand and comply with state privacy laws to the extent that state privacy laws are not preempted by HIPAA or The HITECH Act. IV. BUSINESS ASSOCIATE’S MITIGATION AND BREACH NOTIFICATION OBLIGATIONS a. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Addendum. 26 31822782v9 b. Following the discovery of a Breach of Unsecured Protected Health Information, Business Associate shall notify Covered Entity of such Breach without unreasonable delay and in no case later than forty-five (45) calendar days after discovery of the Breach. A Breach shall be treated as discovered by Business Associate as of the first day on which such Breach is known to Business Associate or, through the exercise of reasonable diligence, would have been known to Business Associate. c. Notwithstanding the provisions of Section IV.b., above, if a law enforcement official states to Business Associate that notification of a Breach would impede a criminal investigation or cause damage to national security, then: 1. if the statement is in writing and specifies the time for which a delay is required, Business Associate shall delay such notification for the time period specified by the official; or 2. if the statement is made orally, Business Associate shall document the statement, including the identity of the official making it, and delay such notification for no longer than thirty (30) days from the date of the oral statement unless the official submits a written statement during that time. Following the period of time specified by the official, Business Associate shall promptly deliver a copy of the official’s statement to Covered Entity. d. The Breach notification provided shall include, to the extent possible: 1. the identification of each individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate to have been, accessed, acquired, used, or disclosed during the Breach; 2. a brief description of what happened, including the date of the Breach and the date of discovery of the Breach, if known; 3. a description of the types of Unsecured Protected Health Information that were involved in the Breach, if known (such as whether full name, social security number, date of birth, home address, account number, diagnosis, disability code, or other types of information were involved); 4. any steps individuals should take to protect themselves from potential harm resulting from the Breach; and 5. a brief description of what Business Associate is doing to investigate the Breach, to mitigate harm to individuals, and to protect against any further Breaches. e. Business Associate shall provide the information specified in Section IV.d., above, to Covered Entity at the time of the Breach notification if possible or promptly thereafter as information becomes available. Business Associate shall not delay notification to Covered Entity that a Breach has occurred in order to collect the information described in Section IV.d. and shall provide such information to Covered Entity even if the information becomes available after the forty-five (45)-day period provided for initial Breach notification. V. OBLIGATIONS OF COVERED ENTITY a. Upon request of Business Associate, Covered Entity shall provide Business Associate with the notice of privacy practices that Covered Entity produces in accordance with Section 164.520 of the HIPAA Privacy and Security Rules. 27 31822782v9 b. Covered Entity shall provide Business Associate with any changes in, or revocation of, permission by an individual to use or disclose Protected Health Information, if such changes affect Business Associate’s permitted or required uses and disclosures. c. Covered Entity shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information to which Covered Entity has agreed in accordance with Section 164.522 of the HIPAA Privacy and Security Rules, and Covered Entity shall inform Business Associate of the termination of any such restriction, and the effect that such termination shall have, if any, upon Business Associate’s use and disclosure of such Protected Health Information. VI. TERM AND TERMINATION a. Term. The Term of this Addendum shall be effective as of the date first written above, and shall terminate upon the later of the following events: (i) in accordance with Section VII.c., when all of the Protected Health Information provided by Covered Entity to Business Associate or created or received by Business Associate on behalf of Covered Entity is destroyed or returned to Covered Entity or, if such return or destruction is infeasible, when protections are extended to such information; or (ii) upon the expiration or termination of the Agreement. b. Termination for Cause. Upon Covered Entity’s knowledge of a material breach of this Addendum by Business Associate and Business Associate’s failure to cure such breach within thirty (30) days of receiving notice of same from Covered Entity, Covered Entity shall have the right to terminate this Addendum and the Agreement. c. Effect of Termination. 1. Except as provided in paragraph 2. of this subsection, upon termination of this Addendum, the Agreement or upon request of Covered Entity, whichever occurs first, Business Associate shall return or destroy all Protected Health Information received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Neither Business Associate nor its subcontractors or agents shall retain copies of the Protected Health Information. 2. In the event that Business Associate determines that returning or destroying the Protected Health Information is infeasible, Business Associate shall provide to Covered Entity notification of the conditions that make return or destruction infeasible and shall extend the protections of this Addendum to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protected Health Information. VII. MISCELLANEOUS a. No Rights in Third Parties. Except as expressly stated herein, the Parties to this Addendum do not intend to create any rights in any third parties. b. Survival. The obligations of Business Associate under Section VII(c) of this Addendum shall survive the expiration, termination, or cancellation of this Addendum, the Agreement, and/or the business relationship of the parties, and shall continue to bind Business Associate, its agents, employees, contractors, successors, and assigns as set forth herein. 28 31822782v9 c. Amendment. This Addendum may be amended or modified only in a writing signed by the Parties. The Parties agree that they will negotiate amendments to this Addendum to conform to any changes in the HIPAA Privacy and Security Rules as are necessary for Covered Entity to comply with the current requirements of the HIPAA Privacy and Security Rules. In addition, in the event that either Party believes in good faith that any provision of this Addendum fails to comply with the then-current requirements of the HIPAA Privacy and Security Rules or any other applicable legislation, then such Party shall notify the other Party of its belief in writing. For a period of up to thirty (30) days, the Parties shall address in good faith such concern and amend the terms of this Addendum, if necessary to bring it into compliance. If, after such thirty (30)-day period, the Addendum fails to comply with the HIPAA Privacy and Security Rules or any other applicable legislation, then either Party has the right to terminate this Addendum and the Agreement upon written notice to the other party. d. Independent Contractor. None of the provisions of this Addendum are intended to create, nor will they be deemed to create, any relationship between the Parties other than that of independent parties contracting with each other solely for the purposes of effecting the provisions of this Addendum and any other agreements between the Parties evidencing their business relationship. e. Interpretation. Any ambiguity in this Addendum shall be resolved in favor of a meaning that permits Covered Entity to comply with the HIPAA Privacy and Security Rules. f. Certain Provisions Not Effective in Certain Circumstances. The provisions of this Addendum relating to the HIPAA Security Rule shall not apply to Business Associate if Business Associate does not receive any Electronic Protected Health Information from or on behalf of Covered Entity. g. Ownership of Information. Covered Entity holds all right, title, and interest in and to the PHI and Business Associate does not hold and will not acquire by virtue of this Addendum or by virtue of providing goods or services to Covered Entity, any right, title, or interest in or to the PHI or any portion thereof. h. Entire Agreement. This Addendum is incorporated into, modifies and amends the Agreement, inclusive of all other prior amendments or modifications to such Agreement. The terms and provisions of this Addendum shall control to the extent they are contrary, contradictory or inconsistent with the terms of the Agreement. Otherwise, the terms and provisions of the Agreement shall remain in full force and effect and apply to this Addendum. 29 31822782v9 IN WITNESS WHEREOF, the Parties have executed this Addendum as of the day and year written above. Each person whose signature appears hereon represents, warrants and guarantees that he/she has been duly authorized and has full authority to execute this Agreement on behalf of the party on whose behalf this Agreement is executed. Business Associate: Covered Entity: EMS Management & Consultants, Inc. City of Augusta By: _________________________________ By: _________________________________ Print: ________________________________ Print: ________________________________ Title: ________________________________ Title: ________________________________ Date: _____________________________ Date: _____________________________ Lena Bonner From: Sent: To: Cc: Subject: Attachments: Ms Bonner, Commissioner Sammie Sias Wednesday, July 11, 20L8 8:39 AM Lena Bonner Nancy Morawski; Janice Allen Jackson; Chris James; Jody M. Smitherman Medical Billing Contract 20L8-7-L0 Unexecuted City of Augusta Contract and BAA.pdf Please place the following item on the commission Agenda for L7 )uly 2018. Thanking you in advance Motion to award RFP #18-149 to EMS Management & Consultants, lnc. and to authorize the Mayor to execute the contract with EMS Management & Consultants, lnc. BACKGROUND: The Augusta Fire Department provides a two-tier EMS response program. On all dispatches for EMS service, a fire company may be dispatched to evaluate the need for service, provide medical assistance, stabilize the patient, and collect data regarding patient condition and billing information. Additionally, Augusta Fire Department ambulances respond to all structure fires in the event of need of emergency medical services and respond to 911 EMS calls when authorized. Currently, Augusta, Georgia receives no compensation for EMS-related calls and treatments. An RFP (#18-149) was put out for bid for companies interested in providing billing services for Augusta, Georgia's EMS- related calls and treatments. EMS Management & Consultants, lnc. was deemed the most responsive and responsible bidder. They will provide billing and collection services for Augusta, Georgia's EMS-related calls and treatments and their fees will be 5.75% of fees collected. ANALYSIS: Augusta, Georgia is already providing EMS-related services to the citizens and visitors of Augusta, Georgia. Billing for these services is in accordance with national EMS business practices. FINANCIAL IMPACT: This Agreement will result in a positive net flow for Augusta, Georgia because EMS services are already being provided, this will simply provide a funding source for those services and all fees under this contract will come from funds collected. RECOMMENDATION: Approve motion to award RFP #18-149 to EMS Management & Consultants, lnc. to provide medical billing for Augusta, Georgia. ALTERNATIVE: Deny and continue to provide EMS services at no cost. Sammie L. Sias Commissioner, Augusta Richmond County "Failure is not an Option" Please consider the environment before printing this email. This e-ntail cotltains confident;al informatiotl and is intended only for the illdividual named. lf you are not the named addressee, you should not dissemipate,distribute ot copy ihis e-mail. Please notify the sender irnmediately by e-mail if you have receiverl this e-mail by mistake and delite this e-mail frorn your system.The City of Atrgusta accepts no liabilily for the content of lhis e-mail or for the consequences oI any actions taien on the basis of the information provided, unless 1 Commission Meeting Agenda 7/17/2018 2:00 PM Sand Hills Community Center Youth Program Department: Department: Caption:Approve $15,000 from Contingency to fund Sand Hills Community Center Youth Program. (Requested by Commissioner Bill Fennoy) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo MISSION STATEMENT OR PURPOSE: Developing the next generation of citizens for our community with a compelling curriculum designed to build self esteem, inform and educate. The curriculum will be structured around principles inherent in the movie Black Panther and will focus on four main areas: dance, music appreciation, writing careers and nutrition. Lessons will address time management, goal setting, public speaking, health and wellness. SAND HILLS COMMUNITY CENTER’S 2018 SUMMER YOUTH PROGRAM will be an arts based, multidisciplinary enrichment experience designed for children ages 10 - 14 years old from the surrounding neighborhoods; A. Brian Merry, Tutt and Langford Middle Schools and 6th, 7th and 8th grade students who attend Elam Baptist, Mount Canaan Baptist, Cumming Grove Baptist and Rock of Ages churches. STAFFING NEEDS: Program Director (KAREN BROWN) and a Program Coordinator supported by seniors volunteers from the Sand Hills Community Center and members of two neighborhood association groups. CURRICULUM: Nourishing & empowering our youth and future citizens 1.Dance Instruction 2.Examine themes in the Music of Black Panther 3.Exploration of Lucrative Writing Careers a.Screenwriting b.Poetry ( Reflecting on their lives writing poetry that can be put to the music of Black Panther c.Public Speaking d.Interview Neighborhood Pioneers 4.Proper Nutrition in a Food Dessert Start Date: 1.Three “Thursday Seminars” leading up to the start of the program begin at 5:30 - 7pm on 6/28, 7/12 and 7/19. We’d like to have an honorarium for the guest artists from the following organizations: ○RJB’s Project Inspire ○PanHellenic Councils ○Links ○Colton Ballet ○Karen Gordon ○100 Black Men 2.Registration at Sand Hills Community Center : Thursday July 5, 2018 ○Time: 5:30pm check-in. 6:00pm - 7:00pm info sessions 3.July 23rd - August 3rd Two week “Back to School” Pilot Program 4.Two Field Trips ○Laney Museum ○Augusta Museum or ○Organic Farm in Burke County 5.Schedule: ○Tuesday, Wednesday and Thursday ○Time: 2pm - 7pm ○Culminating Event & Reception: Thursday, August 2nd from 5-7pm 6.August 30, 2018 Registration Fair for the Fall. 4:30 - 6:30 pm Communication Committee provides plan for spreading the word including establishing Sand Hills Community Center Facebook Page. Registration will be available on the Recreation and Parks Facebook Page. Be sure to inform and invite the following stakeholders: 1.Contact DeMagro Lewis, community outreach for the board of education 2.Principals of the middle schools 3.School board members that represent the district a.Venus Cain b.Marion Barnes 4.PanHellenic Council 5.Dr. Frazier former principal at Glenn Hills 6.Mayor 7.Commissioners 8.Sand Hills & Summerville Neighborhood Associations 9.Richmond County Delegations (State Representatives and the Governor) RESOURCES 1.Transportation 2.Attire: leggings & T -shirt. 3.Supplies a.Arts & Crafts b.Food/snacks POTENTIAL SPONSORS 1.Radio Stations 2.Bi -Lo 3.Kroger 4.Channel 6 Black Panther Summer Intensive Daily Schedule: 30 MINUTES: CHECK IN /DECOMPRESS 30 MINUTES: DAILY LESSON 45 MINUTES MOVEMENT 45 MINUTES: MUSIC 45 MINUTES: Writing Careers 45 MINUTES: ELECTIVES 30 MINUTES: Reflection & Review 30 MINUTES: WIND DOWN/CHECK OUT Ideas for Year Round Program: 1.FINANCIAL LITERACY a.Budgeting b.How to operate your own business 2.Citizenship a.Who’s Shoulders b.Environmental Awareness c.How to use the library 3.Health and Wellness a.Maintaining the body b.Physical Fitness c.Nutrition d.Gardening i.University of GA County Extension to teach about the soil and planting 4.Breakfast in October prior to political elections 5.Registration/Information table at the Hill Reunion in October 6.Utilities Department 7.Dance Demonstrations at the center a.Hip Hop b.Ballet c.Modern 8.Environmental Safety & Neighborhood Pride a.Recycling 9.Weekly FEATURED GUEST ARTIST KARENINA SUMMER 2018 Karen Brown Karenina 480 Duncan Road North Augusta, SC 29841 Dear Concerned Citizen, The Sand Hills Community Center and Park, Augusta Recreation and Parks Department and my organization, Karenina are collaborating on a new venture to bring a youth program to the Sand Hills Community Center. We already have the support of Commissioner Fennoy, the Sand Hills Neighborhood Association and the Hillwood Neighborhood Association. The Sand Hills Community Center and Park’s 2018 Summer Youth Program will run for two weeks from July 23rd through August 3rd, 2018. It is designed to be an arts based, multidisciplinary enrichment experience for children ages 10 - 14 years old from the surrounding neighborhoods; A. Brian Merry, Tutt and Langford Middle School students and 6th, 7th and 8th grade students who attend the surrounding churches including Elim Baptist, Mount Canaan Baptist, Cumming Grove Baptist and Rock of Ages. We will begin promoting the program with three “Thursday Seminars” from 5:30 - 7pm on June 28th, July 12th and July 19th , 2018. Speakers/Presenters will include Russell Joel Brown and other local visionaries. We’re looking to raise $15,000 so that the program may be offered free to 40 students. PURPOSE: Contribute to the development of the next generation of citizens for our community with a compelling arts enrichment curriculum designed to build self-esteem, inform and educate. The lessons will be structured around principles deeply rooted in the movie “Black Panther” and will focus on four main areas: dance, music appreciation, writing careers and nutrition. Lessons will also address time management, goal setting, public speaking, health and wellness. We can’t meet our goal without the help of our community of business owners, churches and individuals like you. That’s why you’ve been presented with this letter. Would you consider making a donation to help sponsor our program? Your gift of any amount will contribute to the development of the next generation of citizens for our community. For example: $25 will help with the cost of a camp uniform, $50 allows us to provide a participant with a camp uniform and art supplies, $75 will provide a camp uniform, art supplies and healthy food choices for a participant, $100 covers the honorarium our guest experts have agreed to accept. In appreciation of your anticipated donation, we would like to offer you special recognition at our culminating event on August 3rd. The names of contributors of $100 or more will be printed on the back of our youth program t-shirts. The success of this “pilot” program will ensure its continuance in the Fall of 2018. We hope that we can count on your help to make this year’s program a big success! A separate sheet outlines higher donor levels and perks plus convenient ways to make your donation. Thank you in advance for your sponsorship! We hope to see you at one of our “Thursday Seminars” or at our culminating event on Thursday August 3rd. Look for more details and updated information on the Augusta Recreation and Parks Department Facebook page. Sincerely, Karen Brown KARENINA Artistic Director of Karenina Karen Brown’s Bio Karen Brown is the eldest daughter of Dr. and Mrs. Allen N. Brown. She attended Immaculate Conception School, integrated Episcopal Day School with her brother Stephen Edward Brown and graduated with honors from St. Thomas Aquinas High School here in Augusta, GA. Her ballet training began with Ron Colton at the Augusta Ballet now called Colton Ballet. She subsequently became a Principal Ballerina enjoying a 22-year career with the Dance Theatre of Harlem. Ms. Brown’s immediate transition from actively performing came in 1995 as Director of Education for the Atlanta Ballet Centre for Dance Education. In 1997, Ms. Brown founded Karenina, an organization that provides consultation and mentorship through all stages of career development for emerging and established artists through technical workshops and life skills seminars. In August of 2000, the Oakland Ballet Board of Directors named her Artistic Director, one of her proudest accomplishments as the only female, African American Artistic Director of a ballet company in this country. In May of 2013, Ms. Brown earned her Bachelor’s Degree at St. Mary’s College in Moraga, CA. Ms. Brown was an inaugural Adjudicator and Master Teacher for the Dance Theatre of Harlem/ Kennedy Center Community Outreach Residency. Her responsibilities were to adjudicate as many as 700 children per year, ages eight to sixteen, to participate in classical ballet classes at three sites in the Washington, DC area. During the sixteen-week residency she taught all levels of ballet technique to participants and rehearsed them for performances with the Dance Theatre of Harlem during its annual season at the Kennedy Center. Ms. Brown recently completed a transition year as Executive Director of Garth Fagan Dance in Rochester, New York. This past fall, as the Guest Artistic Director of Ballet Wichita, she engaged African-American choreographer, Sean McLeod and together they produced a new Nutcracker production in support of the board’s vision for Ballet Wichita’s future. Her awards include: a 2010 “Bessie” for her performances with Paradigm. She received a Pioneer Award from the Oakland Bay Area Chapter of the National Coalition of 100 Black Women Inc. in 2006 and a Mozart to Motown Arts Pioneer Award in 2003. ABC TV Local Hero Award in 2002. In 2001, City Flight Magazine declared Ms. Brown one of the Bay Area’s Ten Most Influential African-Americans. Ms. Brown was honored to be on the New York Times’ Ten Best Performances list in 1986 for her work in Agnes DeMille’s Fall River Legend. On July 21, 2018, Ms. Brown will receive a Harriet Tubman Freedom Award during the Harriet Tubman Freedom Music Festival at the 3rd annual Harriet Tubman National Historical Park in Auburn NY. KARENINA $250 or in-kind donation equivalent  Company name, logo, and sponsorship level included in all event programming and/or promotional materials [promotional materials might include flyers, t-shirts, or other merchandise.  Company included on “Partner’s Page” on Augusta Recreation and Parks Facebook Page  Social media shout out in the week before and after the event has ended  Four seats at the Culminating Event August 3rd 2018  Table at the Culminating event August 3rd 2018 $500 or in-kind donation equivalent  Company name, logo, and sponsorship level included in all event programming and/or promotional materials [promotional materials might include flyers, t-shirts, or other merchandise.  Company included on “Partner’s Page” on Augusta Recreation and Parks Facebook Page  5 Social media shout outs in the week before and after the program has ended  Six VIP seats at the Culminating Event August 3rd 2018  Booth/table space at the Culminating Event August 3rd 2018 $1000 or in-kind donation equivalent  Company name, logo, and sponsorship level included in all event programming and/or promotional materials [promotional materials might include flyers, t-shirts, or other merchandise].  Company included on “Partner’s Page” on Augusta Recreation and Parks Facebook Page  Daily social media shout outs begin immediately  Ten VIP seats to the Culminating Event August 3rd 2018  VIP booth/table space at the Culminating Event August 3rd 2018  A live shout out/acknowledgement during the Culminating Event August 3rd 2018 PAYMENT OPTIONS  Personal Checks or Money Orders should be made payable to: The National Legacy Foundation The National Legacy Foundation, a 501(c)(3), was established in 1998.  The National Legacy Foundation is the fiscal receiver for numerous programs and events. Please make sure your dollars go to support the correct program. Remember to indicate that your donation is for: The Sand Hills 2018 Summer Youth Program. Name: ________________________________________________________________________ Address: ______________________________________________________________________ ______________________________________________________________________________ City/State/Zip Code: _____________________________________________________________ Phone Number: _____________________________________________________________ Email Address: _____________________________________________________________ Please submit your completed form by one of the following methods: Mail – The National Legacy Foundation : Attn: The Sand Hills 2018 Summer Youth Program; 85 Conifer Circle; Augusta, GA 30909 KARENINA Email – Complete and scan form then send to thekareninaballerina@gmail.com Questions? Contact Karen Brown by phone – 302.722.5538 and leave a message. One of our staff will return your call within 24 hours or you may send an email to thekareninaballerina@mail.com. Thank you for your support. Commission Meeting Agenda 7/17/2018 2:00 PM Renaming John C. Calhoun Expressway Department: Department: Caption:Motion to approve renaming the John C. Calhoun Expressway- Veterans Expressway. (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 7/17/2018 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