HomeMy WebLinkAbout2018-11-20 Meeting AgendaCommission Meeting Agenda
Commission Chamber
11/20/2018
2:00 PM
INVOCATION: Pastor Don L. Stone, Lumpkin Road Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
RECOGNITION(S)
Resolution of Condolences Andrew A. Jefferson, Sr.
A.Motion to ratify Resolution of Condolences in remembrance of
Commissioner Andrew A. Jefferson, Sr. by recognizing him for his
service on the Augusta Commission and that this resolution be spread on
the Minutes of this meeting.
Attachments
Five (5) minute time limit per delegation
DELEGATIONS
B.Dr. Martha S. Tingen/Mr. Al Dallas regarding presentation to the Mayor
& Commission from the Georgia Cancer Center and the C-Care Initiative
on the Smoke-free Ordinance.
Attachments
CONSENT AGENDA
(Items 1-20)
PLANNING
1. Z-18-50 – A request for concurrence with the Augusta Georgia Planning
Commission to approve with the conditions below a petition by Maria
Davis (dba Haven of Peace Transitional Facility), on behalf of Joseph
O. Davis Sr., requesting a Special Exception to establish a Transition
House for homeless women and children per Section 26-1(g) of the
Comprehensive Zoning Ordinance for Augusta, Georgia affecting
Attachments
property containing 0.29 acres and known as 2108 Stoker Place. Tax
Map 164-0-207-00-0 DISTRICT 8 1. The existing structure must meet
the performance standards. 2. There shall be no parking on the grass of
the front yard. 3. All conditions must be met within six (6) months of
approval or the Special Exception shall be void as stated in Section 17-8
of the Comprehensive Zoning Ordinance. 4. Per Code Enforcement- No
more than 3 Adults and 3 Children (Under the age of 7)
2. Z-18-51 – A request for concurrence with the Augusta Georgia Planning
Commission to approve with the conditions below a petition by Joseph
Sullivan, on behalf of Larry G. Johns, requesting a change of zoning from
A (Agricultural) to Zone B-2 (General Business) affecting property
containing 3.16 and known as 4625 Mike Padgett Highway. Part of Tax
Map 279-0-002-00-0 DISTRICT 8 1. All vehicle repair work and
storage shall be conducted in an area enclosed on all sides by a solid wall
or finished board fence at least 6’ in height. 2. Building entrances and
bay doors shall be oriented so as to minimize the impact of potential
nuisances on adjacent properties. 3. A 30 ft. natural buffer must be
maintained around the north, south and west property lines. 4. 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
3. Z-18-52 – A request for concurrence with the Augusta Georgia Planning
Commission to approve with the conditions below a petition by Laney
Walker Development Company requesting a Special Exception in the
R-1C (One-family Residential) Zone to develop single family residences
not to exceed 7 units per acre per Section 11-2(a) of the Comprehensive
Zoning Ordinance for Augusta, Georgia affecting property as follows:
Tract A – contains 6 tax parcels totaling approximately .95 acres known
as 1447, 1449, 1453, 1455, 1457, and 1463 Wrightsboro Road (odd #s
only). Tax Map 046-3-179-00-0, 046-3-180-00-0, 045-4-182-00-0, 045-
4-183-00-0, 045-4-184-00-0 and 045-4-185-00-0 DISTRICT 1 Tract B
– contains 4 tax parcels totaling approximately 0.75 acres known as 1469,
1471, 1473, 1475 Wrightsboro Road (odd #s only). Tax Map 045-4-187-
00-0, 045-4-188-00-0, 045-4-189-00-0 and 045-4-190-00-0 DISTRICT
1 1. The proposed lots shall have a minimum of 5 ft. side yard setbacks
for each lot. 2. The lots should be developed as such that the front steps
of the front porches not be located in the required front setbacks.
3. Proposed guest parking in the rear shall not exceed a ratio of 2.5
Attachments
spaces per dwelling unit, not including parking for the garages.
4. Proposed internal drives shall meet all standards of the Augusta
Traffic Engineering Department. Improve the existing sidewalks adjacent
to the affected properties to current ADA standards. Issuance of
development permits shall be contingent upon the submission and
approval of plans meeting all applicable development regulations.
PUBLIC SERVICES
4.Motion to approve New Location: A. N. 18-39: request by Synethia
Morrall for an on premise consumption Liquor, Beer & Wine License
to be used in connection with Oasis Premier Nightclub located at 1511
North Leg Rd. There will be Dance. District 5. Super District 9.
(Approved by Public Services Committee November 13, 2018)
Attachments
5.Motion to approve New Ownership: A.N. 18-40: request by Ayaz Ali
Vansi for a retail package Beer & Wine License to be used in connection
with Custer and Moreland, Inc. located at 1503 Gordon Hwy. District 2.
Super District 9. (Approved by Public Services Committee November
13, 2018)
Attachments
PUBLIC SAFETY
6.Motion to approve acceptance of a grant award in the amount of
$21,900.00 from Firehouse Subs Grant Program and authorize the Mayor
to execute all required documents. (Approved by Public Safety
Committee November 13, 2018)
Attachments
7.Motion to approve 3 grant contract positions for the State Court
Accountability Court Programs. Accountability Court was granted 3
grant positions:
1. CJCC grant position of Laboratory Technician
2. SAMHSA grant position of External Evaluator
3. SAMHSA grant position of Project Coordinator
(Approved by Public Safety Committee November 13, 2018)
Attachments
8.Motion to approve acceptance of continuing grant funding ($33,000)
from the Georgia Department of Corrections (GDC) to provide resources
for offenders who do not have a high school diploma, GED, or who could
Attachments
benefit from a technical college certificate for vocational programs and/or
OJT. (Approved by Public Safety Committee November 13, 2018)
9.Motion to approve the Georgia Open Roads Policy: Quick Clearance for
Safety and Mobility Endorsement Resolution and authorize the Mayor
and Fire Chief to sign said Resolution. (Approved by Public Safety
Committee November 13, 2018)
Attachments
10.Motion to approve Augusta’s Emergency Management Agency to apply
for grant funding to complete the 2022 Hazard Mitigation Plan
Update; and approve the mayor to sign all necessary grant paperwork.
(Approved by Public Safety Committee November 13, 2018)
Attachments
11.Motion to approve Bid Item # 18-285 and award bid to Contract
Management Inc. to provide demolition and reconstruction of the parking
lot and to enlarge the entranceway at Eve Street for Station 4 in the
amount of $60,981.30 and authorize the Mayor to execute the necessary
documents. (Approved by Public Safety Committee November 13,
2018)
Attachments
ENGINEERING SERVICES
12.Motion to approve Amendment #1 to Augusta, GA Soil Erosion,
Sedimentation and Pollution Control (ES&PC) Ordinance dated May 1,
2018 as requested by AED. (Approved by Engineering Services
Committee November 13, 2018)
Attachments
13.Motion to approve and adopt the ordinance to establish the Keep
Augusta Beautiful Commission; Article 7, Sections 1-4-95 to 1-4-102 of
the Augusta Code; and waive the second reading. (Approved by
Engineering Services Committee November 13, 2018)
Attachments
14.Motion to approve the Amendment to the Lease Agreement Between
Augusta and Augusta Waste to Energy with the lease and the itemized
changes (Sections 13.1 and 13.4) being included in the agenda books for
the Commission meeting and that the law Department review the lease to
determine if any additional assurances are needed for the City's
Attachments
protection. (Approved by Engineering Services Committee November
13, 2018)
15.Motion to approve authorization for the Environmental Services
Department to draft a revision to Section 4-2-6 – Fees for use of Augusta-
Richmond County Solid Waste Landfill and to bring the draft back to the
Engineering Services Committee for review. (Approved by
Engineering Services Committee November 13, 2018)
Attachments
16.Motion to approve the Inter-Governmental Agreement between Augusta
and Burke County, Georgia for Disposal of Garbage at the Augusta
Landfill. (Approved by Engineering Services Committee November
13, 2018)
Attachments
17.Motion to approve Atlanta Gas Light (AGL) Encroachment request to
Place AGL Facility in Augusta, GA Parcel as part of Berckmans Road
Realignment and Widening Project. Also authorized Augusta
Engineering Department to process and sign all associated documents
with consultation of Augusta Legal Counsel. (Approved by Engineering
Services Committee November 13, 2018)
Attachments
18.Motion to approve bid award of Bid #18-295 to Blair Construction, Inc.
to construct the Fort Gordon Cyber CoE Campus Sanitary Sewer
Extension under the Task Order Program for Infrastructure RFQ #16-178
in the amount of $2,403,595.50. (Approved by Engineering Services
Committee November 13, 2018)
Attachments
19.Motion to approve contracting with Cavanaugh & Associates, P.A. to
provide Professional Services consulting engineering services for the
Utilities Department’s Water Loss Program and Audit. (Approved by
Engineering Services Committee November 13, 2018)
Attachments
PETITIONS AND COMMUNICATIONS
20.Attachments
Motion to approve the minutes of the regular meeting of the Augusta
Commission held November 6, 2018 and Special Called Meeting held
November 13, 2018.
****END CONSENT AGENDA****
AUGUSTA COMMISSION
11/20/2018
AUGUSTA COMMISSION
REGULAR AGENDA
11/20/2018
(Items 21-26)
PUBLIC SERVICES
21.Discussion: A request by the Planning & Development Department to
renew all of the existing Alcohol Beverage Licenses in the City of
Augusta. This will include all of the Adult Entertainment
Establishments. There will be Sunday Sales. There will be Dance.
Districts 1-8. Super Districts 9-10.
Attachments
22.Discussion: A request by Shaofei Chen for a Massage Operator's License
to be used in connection with Acupressure located at 3450 Wrightsboro
Rd. Space 5570. District 5. Super District 9.
Attachments
ADMINISTRATIVE SERVICES
23.A motion to rescind the Ban-the-Box Policy approved by the
Commission January 17, 2017; to amend Ordinance Augusta, Georgia
Code, Title One, Chapter Seven, Article Four, Section 107-51 by
repealing in part and amending in part Section 800.016 of the PPPM
related to criminal history; and to approve a new "Ban the Box" Policy
and Procedures for Augusta, Georgia.
(No recommendation from the PPPM Subcommittee Meeting
October 10, 2018 & Administrative Services Committee November
13, 2018))
Attachments
24.Discuss Augusta Commissioner requiring city employees to attend
community events. (Requested by Commissioner Marion Williams)Attachments
ADMINISTRATOR
25.Approve FY 2019 budget for Augusta Georgia. Attachments
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
26.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
11/20/2018 2:00 PM
Invocation
Department:
Department:
Caption:Pastor Don L. Stone, Lumpkin Road Baptist Church
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
11/20/2018 2:00 PM
Resolution of Condolences Andrew A. Jefferson, Sr.
Department:
Department:
Caption:Motion to ratify Resolution of Condolences in remembrance of
Commissioner Andrew A. Jefferson, Sr. by recognizing him for
his service on the Augusta Commission and that this resolution
be spread on the Minutes of this meeting.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Resolution of Condolences
WHEREAS' Commissioner Andrew AnthonyJefferson, affectionately known by many of his constiruenrs, friendsand business colleagues as a *true public servant", was born to Vera Jefferson Roland and the late Luther Nick
Jefferson onJanuary 23,1960; and
WHEREAS' Commissio-nerJgffqgon was educated in the fuchmond Counry Schools graduaring from Glenn HillsHigh School, Augusta Technical College, Voorhees College and Central Michigan Universi"ry; and
WHEREAS, CommissionerJefferson enjoyed an abundant and distinguished civic career. He served previously as aBoard Trustee on the Richmond Counry lioard of Education and the"Augusta Commission from Ja'nuary 3,2ol1-November 4, 2018 representing District 5 where he served as Vice-Chainian of the Administrativ"e Services and amember of the Pub.lic Safery Committees, and in December 2017 he received his Municipal Elected OfficialsCertification from the Georgia Municipal Association and the Universiry of Georgia Carl Vinson Instirute ofGovernment; and
WHEREAS, Commissione-rJefferson was a member of many professional and civic afffiations, having served as a
39yber of tle omegg Psi-fhi Fraterniry, Inc., New_Era todge #io1,32d Degree Mason, Stolkin rempleTzz, Shriner,
f;c\mo-nd Counry Neighborhood Association Alliance, Qurlt Hollow(uail Ridge Neighborhood Association,Leadership Augusta, fuchmond Sheriff's office 2016 Citizen's Police Acadiemy, Aufr:sta niilaing {s ConstructionTrades Council s Apprenticeship Readiness Program, East Georgia Workforce DLelopment ili^rr.., NationalAssociation of Electrical Inspectors, Georgia Aduti Education Assocliadon,Jefferson Energy Cooperative NominatingCommittee and Augusta South Rotary; and
WHEREAS, CommissionerJefferson's hard-working ways will be sorely missed by all of us who knew and lovedhim; The members of the Augusta Commission were deepli saddened ro learn of his .rdd.r, passing; and
WHEREAS, the family, friends, and colleagues of Commissioner Jefferson, who some recalled his "infecrious smileand his velvet voice, and a good friend to this city", which was ex-emplified through his leadership and demonstratedthrough his untiring devotion -rhr! l\y may always remember ind never, Juer forger hir'loue, .orr..* ,ndcommitment for each of them, as he shall forever live in their hearts; and
THEREFoRE, BE IT RESOLVED that it is with our sincere care and concern rhar we, the Augusta, GeorgiaCommission send these humble words expressing our heartfelt symparhy. May you find comfort ininowlng tfratothers care and share in your loss.
BE IT FURTHER RESOLVED, rhar a copy of this Resolution be forwarded to the family and friends of
r of our Lord, 2018.Commissioner Andrew A.Jefferson this 9th day of November, in the
its Mayor
Commission Meeting Agenda
11/20/2018 2:00 PM
Georgia Cancer Center and the C-Care Initiative on the Smoke-free Ordinance.
Department:
Department:
Caption:Dr. Martha S. Tingen/Mr. Al Dallas regarding presentation to
the Mayor & Commission from the Georgia Cancer Center and
the C-Care Initiative on the Smoke-free Ordinance.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
AGEI\IDA TTEM REQUEST FORM
Commission meetings: First and third Tuesdays of each month -2:fi) p.m.
Committee meetings: Second and last Tuesdays of each month - 1:00 p.m.
Commission/Committee: (Please check one and insert meeting date)
lt - AD- ta
Contact lnformation for Individual/Presenter Making the Request:
Name:M
Commission
Public Safety Committee
Public Services Committee
Administrative Services Committee
Engineering Services Committee
Finance Committee
Date of Meeting
Date ofMeeting
Date of Meeting
Date of Meeting
Date ofMeeting
Date of Meeting
I lrrsli;--rr; ,, At*4*sl" ,efi *nta
E-Mail Address:
Caption/Topic of Discussion to be ptaced on the Agenda:
ive
Please send this request form to the following address:
I\[s. Lena J. Bonner
Clerk of Commission
Suite 220 Municipal Building
535 Telfair Street
Augusta, GA 30901
Telephone Number: 706-821-1820
tr'ax 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
Oflice no later thaa 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
11/20/2018 2:00 PM
Z-18-50
Department:Planning and Development
Department:Planning and Development
Caption: Z-18-50 – A request for concurrence with the Augusta Georgia
Planning Commission to approve with the conditions below a
petition by Maria Davis (dba Haven of Peace Transitional
Facility), on behalf of Joseph O. Davis Sr., requesting a Special
Exception to establish a Transition House for homeless women
and children per Section 26-1(g) of the Comprehensive Zoning
Ordinance for Augusta, Georgia affecting property containing
0.29 acres and known as 2108 Stoker Place. Tax Map 164-0-
207-00-0 DISTRICT 8 1. The existing structure must meet
the performance standards. 2. There shall be no parking on the
grass of the front yard. 3. All conditions must be met within six
(6) months of approval or the Special Exception shall be void as
stated in Section 17-8 of the Comprehensive Zoning Ordinance.
4. Per Code Enforcement- No more than 3 Adults and 3
Children (Under the age of 7)
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
11/20/2018 2:00 PM
Z-18-51
Department:Planning and Development
Department:Planning and Development
Caption: Z-18-51 – A request for concurrence with the Augusta Georgia
Planning Commission to approve with the conditions below a
petition by Joseph Sullivan, on behalf of Larry G. Johns,
requesting a change of zoning from A (Agricultural) to Zone
B-2 (General Business) affecting property containing 3.16 and
known as 4625 Mike Padgett Highway. Part of Tax Map 279-0-
002-00-0 DISTRICT 8 1. All vehicle repair work and storage
shall be conducted in an area enclosed on all sides by a solid
wall or finished board fence at least 6’ in height. 2. Building
entrances and bay doors shall be oriented so as to minimize the
impact of potential nuisances on adjacent properties. 3. A 30 ft.
natural buffer must be maintained around the north, south and
west property lines. 4. 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
11/20/2018 2:00 PM
Z-18-52
Department:Planning and Development
Department:Planning and Development
Caption: Z-18-52 – A request for concurrence with the Augusta Georgia
Planning Commission to approve with the conditions below a
petition by Laney Walker Development Company requesting a
Special Exception in the R-1C (One-family Residential) Zone
to develop single family residences not to exceed 7 units per
acre per Section 11-2(a) of the Comprehensive Zoning
Ordinance for Augusta, Georgia affecting property as follows:
Tract A – contains 6 tax parcels totaling approximately .95 acres
known as 1447, 1449, 1453, 1455, 1457, and 1463 Wrightsboro
Road (odd #s only). Tax Map 046-3-179-00-0, 046-3-180-00-0,
045-4-182-00-0, 045-4-183-00-0, 045-4-184-00-0 and 045-4-
185-00-0 DISTRICT 1 Tract B – contains 4 tax parcels totaling
approximately 0.75 acres known as 1469, 1471, 1473, 1475
Wrightsboro Road (odd #s only). Tax Map 045-4-187-00-0, 045-
4-188-00-0, 045-4-189-00-0 and 045-4-190-00-0 DISTRICT 1
1. The proposed lots shall have a minimum of 5 ft. side yard
setbacks for each lot. 2. The lots should be developed as such
that the front steps of the front porches not be located in the
required front setbacks. 3. Proposed guest parking in the rear
shall not exceed a ratio of 2.5 spaces per dwelling unit, not
including parking for the garages. 4. Proposed internal drives
shall meet all standards of the Augusta Traffic Engineering
Department. Improve the existing sidewalks adjacent to the
affected properties to current ADA standards. Issuance of
development permits shall be contingent upon the submission
and approval of plans meeting all applicable development
regulations.
Background:
Analysis:
Financial Impact:
Cover Memo
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
11/20/2018 2:00 PM
Alcohol Application
Department:Planning & Development
Department:Planning & Development
Caption:Motion to approve New Location: A. N. 18-39: request by
Synethia Morrall for an on premise consumption Liquor, Beer
& Wine License to be used in connection with Oasis Premier
Nightclub located at 1511 North Leg Rd. There will be Dance.
District 5. Super District 9. (Approved by Public Services
Committee November 13, 2018)
Background:This is a New Location.
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 $2,470.00.
Alternatives:
Recommendation:The Planning & Development Office approved the application
subject to additional information not contradicting the
applicant’s statements. The Sheriff’s Office approved the
application subject to additional information not contradicting
the applicant’s statements.
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:Cover Memo
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
11/20/2018 2:00 PM
Alcohol Application
Department:Planning & Development
Department:Planning & Development
Caption:Motion to approve New Ownership: A.N. 18-40: request by
Ayaz Ali Vansi for a retail package Beer & Wine License to be
used in connection with Custer and Moreland, Inc. located at
1503 Gordon Hwy. District 2. Super District 9. (Approved by
Public Services Committee November 13, 2018)
Background:This is a New Ownership Application. Formerly in the name of
Gouri Vuppula.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $1,330.00
Alternatives:
Recommendation:The Planning & Development Office approved the application
subject to additional information not contradicting the
applicant’s statements. 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
11/20/2018 2:00 PM
Acceptance of grant funds in the amount of $21,900.00 from Firehouse Subs Grant Program
Department:Augusta Fire Department /EMA
Department:Augusta Fire Department /EMA
Caption:Motion to approve acceptance of a grant award in the amount of
$21,900.00 from Firehouse Subs Grant Program and authorize
the Mayor to execute all required documents. (Approved by
Public Safety Committee November 13, 2018)
Background:The Firehouse Sub Public Safety Foundation Board of Directors
have awarded grant funds in the amount of $21,900.00 for
equipment and programs to better serve this community and
protect first responders with personal protective equipment.
Firehouse Subs Public Safety Foundation will either send a
check or purchase on our behalf, the equipment we requested to
their Public Safety Foundation in accordance with the grant
requirements.
Analysis:Acceptance of equipment or the grant funds in the amount of
$21,900.00 will go to the purchase of additional ballistic vests
and helmets for personnel responding to active shooter and
violent confrontations with unknown subjects on emergency
responses. In keeping with our Active Shooter Policy, this will
allow firefighters to enter the warm zone on an incident, with
law enforcement cover, to treat and remove victims of an active
shooter.
Financial Impact:none
Alternatives:Failure to accept this grant would place additional financial
burden for this type of protection with the city and the budget for
the fire department.
Recommendation:Approve acceptance of the grant award in the amount of
$21,900.00 from Firehouse Subs Public Safety Foundation (or Cover Memo
equipment) and authorize the Mayor to execute all required
documents.
Funds are
Available in the
Following
Accounts:
Fund: 220
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
AUGUSTA, GEORGIA
New Grant ProposaUApplication
Before a DepartmenUagency may apply for the granUaward on behalf of Augusta Richmond County, they must first obtain approval
signature from the Administrator and the Finance Director. The Administrator will obtain information on the grant program and
requirements from the funding agency and review these for feasibility to determine if this grant/award will benefit Augusta
Richmond County. The Finance Director will review the funding requirement to determine if the grant witl fit within our budget
structure and linancial goals.
Proposal Project No. Project Title REGEIVED
142 FIRE Firehouse Subs Public Safety Grant
With the increase across the nation in active shooter incidents, it
is prudent that we have needed equipment to protect first responders
to these types of incidents. We cunently do not have sufficient
number of ballistic vests.
No matching funds required.
EEO required (YA{): No
EEO Department Notified (YAI): No
SEP 24 tOtg
AUGUSTA.RICt,IMONO
COUNTY
Start Date: 0812312018
Submit Date: 0812312018
Total Budgeted Amount: 43,800.00
Sponsor: GM0034
SponsorType: P\/|
Purpose: l8
ID Name
awa'td,: $\tflw./
End Date: l2l3ll20l8
Department: 034
Total Funding Agency:
Firehouse Subs Public Safety Fdn
Private Entity
Emergency Service
Contacts
Fire Cash Match? N
43,800.00 Total Cash Match: 0.00
Flow Thru ID:
Typ"
I GMIOO9 Taylor, Wayne (706)821-164s
Type
FA
JL
C.JAMES
Approvals
Date
09/2112018 Dept. Signature:
Grant Coordinator Signa
&rn"grant/award to be feasible to the needs of Augusta Richmond County
o Deny the request
l.) I have reviewed the Grant application and enclosed materials and:
Finance Director
Q-a tvt(
Date
Z.) fve reviewed the Grant application and enclosed materials and:
/ Approve the Department Agency to move forward with the application
form will also be used to the external auditors with information on all grants for compliance and
by the State and Federal Government.
User: BT2804-1 - Byron Taylor pege
Report: GMI000_PROPOSAL - GMl000: Grants Management: I
CurrentDrte: 09120/2018
Current Time: 09:47:30
*9cn ^3(t), l /ta ryttt
the request
certilication requirements as
Nancy He
From: Nancy He
Sent: Wednesday, October 31, 2018 9:11 AM
To: Nancy He
Subject: FW: [EXTERNAL] APPROVED: Firehouse Subs Public Safety Foundation GrantAttachments: Foundation Logojpg-RGBjpg; Foundation Logo-VectorcMYK.eps; Foundation Logo-
VectorCMYK.ai
From: Firehouse Subs Public Safety Foundation <foundation @firehousesubs.com>
Sent: Monday, October 01, 2018 12:45 PM
To: Wayne Taylor <btavlor@a ugustaRa.gov>
Cc: Lee Bowers <lbowers@firehousesubs.com>; SIG <$g@lirc_b-S-U!CS.U-b!.co!0>; foundationteam
<Foundationteam @firehousesubs.com>; Sheri Kohler <skohler@firehousesubs.com>; Ty Lowry
<ty.lowrv@firehousesubs.com>
Subject: IEXTERNAL] APPROVED: Firehouse Subs Public Safety Foundation Grant
Dear Byron,
We are pleased to announce that the Firehouse Subs Public Safety Foundation Board of Directors has awarded the
Augusta Fire Department with 15 Ballistic Vests and Accessories valued at up to S21,900.00.
Please read carefully and print this email for ongoing instructions of the procurement/purchasing process. Failure to
follow these instructions can jeopardize your grant award.
PROCUREMENT NOTES
The fulfillment of your grant award will be executed by one of the processes below, to be determined by our
Foundation:
1) Our Foundation Team will purchase directly based on your submitted quote
a. The vendor will ship the equipment directly to your organization
b. PROOF OF DELIVERY REQUIRED: upon delivery, you will need to send a signed and dated copy of the
packing slip to our Foundation via email (orocurementfoundation@firehousesubs.com) or fax (904)886-
2111 (Please note: our accounting department requires this documentation prior to paying invoices)
oR...
2) Our FoundationTeam will drafta Memoof Understanding (MOU) for both partiestosign. Oncesigned and
returned, the Foundation will send your organization a check directly
a. PROOF OF DELIVERY/PAYM ENT REQUIRED: Once you purchase the granted items, you will be
required to send us all invoice copies, proof of payment and signed and dated packing slips via email
(procurementfoundation@firehousesubs.com) or fax (904)886-2111 (Please note: this documentation is
required for auditing purposes)
NOTE: Our Foundation will determine which fulfillment option will be used. Our Foundation will be contacting you
within eight weeks to begin the procurement/fulfillment process. lf you do not hear from our team by Monday,
November 26, you may email procurementfou ndation(afirehousesubs.com. We appreciate your patience.
PUBLIC RELATIONS NOTES
lnitial PR announcements:
I
. Any immediate media announcements from your organization regarding the grant award are optional. lf you
choose to draft a press release, please send it to FirehouseSubs@Zimmerman.com
cc Foundation@firehousesubs.com for approval.
Once your equipment is received:
o A Firehouse Subs or Foundation representative may be in touch if planning a future event in your area.
Use of the Firehouse Subs Public Safety Foundation logo:
o We ask that your organization acknowledges the grant by displaying our Foundation logo on granted
items/equipment whenever possible. Our foundation logo is attached for your convenience. Please note that
the final artwork will need to be approved by our Foundation before being displayed.
We are very excited to assist your organization and ultimately improve the life-saving capabilities of your community.
Firehouse Subs Public Safety Foundation
fou nd atio n @fi rehousesu bs. com
FirehouseSubsFoundation. orq
Twitter Facebook
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AED:1 04.1
Commission Meeting Agenda
11/20/2018 2:00 PM
Accountability Court Grant Contracts
Department:Richmond County State Court
Department:Richmond County State Court
Caption:Motion to approve 3 grant contract positions for the State Court
Accountability Court Programs. Accountability Court was
granted 3 grant positions:
1. CJCC grant position of Laboratory Technician
2. SAMHSA grant position of External Evaluator
3. SAMHSA grant position of Project Coordinator
(Approved by Public Safety Committee November 13, 2018)
Background:CJCC is continuing grant started from July 1 and ended Jun
30th the following year. SAMHSA grant is a year grant project
started from 9/30/2018 to 9/29/2021.
Analysis:CJCC Laboratory position is a contracted 100% grant funded
position. SAMHSA positions of External Evaluator and Project
Coordinator are contracted personnel and 100% grant funded.
Financial Impact:CJCC grant position of Laboratory Technician is 80% grant
funded and 20% from DUI court program fees. SAMHSA grant
positions of External Evaluator and Project Coordinator are
100% grant funded.
Alternatives:None
Recommendation:Approve
Funds are
Available in the
Following
Accounts:
CJCC grant org key 220022638 SAMHSA grant org key
220022641
Cover Memo
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
11/20/2018 2:00 PM
County Correctional Institute Educational Incentive Plan
Department:Richmond County Correctional Institution
Department:Richmond County Correctional Institution
Caption:Motion to approve acceptance of continuing grant funding
($33,000) from the Georgia Department of Corrections (GDC)
to provide resources for offenders who do not have a high school
diploma, GED, or who could benefit from a technical college
certificate for vocational programs and/or OJT. (Approved by
Public Safety Committee November 13, 2018)
Background:The City of Augusta currently houses state inmates. The
Georgia Department of Corrections pays the city a per diem of
twenty )$20.00) dollars per day per inmate. As part of the
Governor's Prison Reform (Re-Entry Plan), the GDC has created
The County Correctional Institute Educational Incentive Plan
(CCIEIP). This plan will provide additional funding to County
Prisons that offer educational programs - (GED and/or
Vocational Programs sanctioned by a Technical College and
OJT).
Analysis:The County Correctional Institute Educational Incentive Plan
"CCIEIP" is designed to assist County Prisons in meeting the
educational needs of offenders. This will also be a financial
benefit for the City of Augusta.
Financial Impact:No negative impact or matching funds required by the City.
RCCI currently has the infrastructure (Classroom, GED
material, etc.) and also an instructor. The Georgia Department of
Corrections will compensate the City based on program
availability and number of offenders who are enrolled in each
class and for program completion. City of Augusta is not
required to match funding.
Alternatives:Cover Memo
Recommendation:Approve acceptance of Grant funding ($33,000).
Funds are
Available in the
Following
Accounts:
220039258
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
11/20/2018 2:00 PM
Endorsement Resolution regarding Georgia Open Roads Policy
Department:Augusta Fire Department/EMA
Department:Augusta Fire Department/EMA
Caption:Motion to approve the Georgia Open Roads Policy: Quick
Clearance for Safety and Mobility Endorsement Resolution and
authorize the Mayor and Fire Chief to sign said Resolution.
(Approved by Public Safety Committee November 13,
2018)
Background:The Georgia Open Roads Policy was signed in 2011 by the
Georgia Department of Public Safety (DSP), the Georgia
Department of Transportation (GDOT), and the Governor or
Georgia. This policy suggests a new benchmark and standard for
traffic incident response on Georgia Roadways. Enhancement
guidelines provide that roadways shall re-open as soon as
possible on an urgent basis for public safety.
Analysis:GDOT and Traffic Incident Management Enhancement (TIME)
Task force recently developed guidelines, which complements
the Georgia Open Roads Policy, to expedite the removal of
vehicles, cargo and debris in order to restore, in an Urgent
Manner, the safe and orderly flow of traffic following a traffic
incident on Georgia’s Roadway. This Endorsement Resolution
sets those guidelines out.
Financial Impact:None
Alternatives:None
Recommendation:Approve the Georgia Open Roads Policy: Quick Clearance for
Safety and Mobility Endorsement Resolution and authorize the
Fire Chief to sign said Resolution.
Funds are
Available in the
N/A
Cover Memo
Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
11/20/2018 2:00 PM
Hazard Mitigation Plan Update Grant Application
Department:Augusta Fire Department/EMA
Department:Augusta Fire Department/EMA
Caption:Motion to approve Augusta’s Emergency Management Agency
to apply for grant funding to complete the 2022 Hazard
Mitigation Plan Update; and approve the mayor to sign all
necessary grant paperwork. (Approved by Public Safety
Committee November 13, 2018)
Background:The Hazard Mitigation Plan is a review of the community’s
vulnerability in natural and man-made incidents. Mitigation
actions are developed and reviewed to assist the community in
being better prepared for the next disaster. Every 5 years the
Hazard Mitigation Plan must be reviewed and updated in order
for Augusta to receive grant funding and federal and state
reimbursements following federally declared disasters.
Analysis:The Hazard Mitigation Plan Update Grant Application is a
requirement in order to update the Plan and for Augusta to
qualify to receive grant funding and federal and state
reimbursement following federally declared disasters. The total
estimated project cost is $66,000.00. FEMA’s share of that
amount if 75% or $49,500.00. The estimated State’s share of the
project cost is 11% or $7,500.00; and the estimated local share is
14% or $9,000.00 in-kind contribution. The county’s share is
met with in-kind cost of staff time in assisting in the
development of the updated plan.
Financial Impact:estimated 15% of $66,000.00 ($9,000.00) in kind match met
with staff salaries.
Alternatives:Failure to apply and accent this grant would place additional
financial burden to update the Hazard Mitigation Plan Update
with the city and the budget for the EMA department. This
Update Plan is a requirement to receive federal and state
reimbursement following federally declared disasters
Cover Memo
Recommendation:Approve the Motion for the Augusta’s Emergency Management
Agency to apply for grand funding to complete the 2022 Hazard
Mitigation Grant Update; approve receipt of grants funds; and
approve the mayor to sign all necessary grant paperwork.
Funds are
Available in the
Following
Accounts:
Fund: 220. In-kind match with staff salaries.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
11/20/2018 2:00 PM
Parking Lot Demolition/ Reconstruction Project at Station 4
Department:Augusta Fire Department
Department:Augusta Fire Department
Caption:Motion to approve Bid Item # 18-285 and award bid to
Contract Management Inc. to provide demolition and
reconstruction of the parking lot and to enlarge the entranceway
at Eve Street for Station 4 in the amount of $60,981.30 and
authorize the Mayor to execute the necessary documents.
(Approved by Public Safety Committee November 13, 2018)
Background:Station 4 is located at 1866 Ellis Street. The driveway and
entrance is currently located on Ellis Street. When entering the
driveway and turning into the bay area to house the fire
apparatus, the weight of the truck and sharpness of the turn into
the bay area has damaged the driveway surface.
Analysis:The demolition and reconstruction of the parking lot and
expanding the entrance located on Eve Street, will allow entry
into the bay area to house the fire apparatus without the
necessity of the sharp turn to enter the bay area and will
reconstruct the damaged driveway.
Financial Impact:The financial impact of this project is $60,981.30.
Alternatives:none
Recommendation:Approve Bid Item #18-285 and award bid to Contract
Management Inc. to provide demolition and reconstruction of
the parking lot and to enlarge the entranceway on Eve Street for
Station 4 in the amount of $60,981.30 and authorize the Mayor
to execute the necessary documents.
Funds are
Available in the
Fund balance Cover Memo
Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
11/20/2018 2:00 PM
Amendment #1-Revision to Final Stabilization Definition Soil Erosion, Sedimentation and Pollution
Control Ordinance
Department:Engineering
Department:Engineering
Caption:Motion to approve Amendment #1 to Augusta, GA Soil
Erosion, Sedimentation and Pollution Control (ES&PC)
Ordinance dated May 1, 2018 as requested by AED. (Approved
by Engineering Services Committee November 13, 2018)
Background:Augusta, Georgia Area-wide NPDES Permit requires updating
land development ordinances if any revision to these ordinances
occurred at the state or local level. In addition, Augusta,
Georgia is the state delegated Local Issuance Authority (LIA)
for managing land disturbing activities (development) within its
legal boundaries. LIA is required to revise its ES&PC ordinance
if Erosion and Sediment Act is revised. In 2015, the E&S Act
was revised and Augusta, Georgia being LIA is required to
complete its ES&PC ordinance revision accordingly. In
compliance, Augusta revised its ES&PC ordinance in May 2018
and submitted to the State. Upon completion of review, the State
indicated that “Final stabilization” definition needs further
revision.
Analysis:Proposed amendment #1 to ES&PC ordinance is state mandated
requirement and essential for maintaining LIA status. LIA status
is critical for managing land disturbing activities at local level.
Updating ES&PC ordinance is also compliance requirement of
Augusta MS4 Permit.
Financial Impact:No Financial Impact.
Alternatives:Do not approve and suggest alternate way to comply with state
mandated requirement.
Recommendation:
Cover Memo
Approve Amendment #11 to Augusta, GA Soil Erosion,
Sedimentation and Pollution Control (ES&PC) Ordinance dated
May 1, 2018 as requested by AED.
Funds are
Available in the
Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
1
Ordinance No.___________
AN ORDINANCE TO AMEND THE HEALTH AND SANITATION SECTION OF
TITLE 4, SECTION 2, OF THE AUGUSTA, GEORGIA CODE TO MODIFY ARTICLE
7, WHICH PROVIDES FOR SOIL EROSION, SEDIMENTATION AND POLLUTION
CONTROL, TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH, TO
PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, the Augusta, Georgia Code needs to be updated and revised;
WHEREAS, it is the desire of the Commission to update and improve the Augusta, Georgia
Code to provide for Soil Erosion, Sedimentation and Pollution Control for citizens of Augusta-
Richmond County;
THE AUGUSTA, GEORGIA BOARD OF COMMISSIONS hereby ordains as follows:
SECTION 1. AUGUSTA, GA CODE Section §4-2-7 adopted April 20, 2012, provides in
Title 4, for Public Health, Section 2, Health and Sanitation, Articles 1 - 7. It is the desire of the
Augusta, Georgia Board of Commissions that that Article 7 as set forth in “Exhibit A” hereto to
be amended by striking “Exhibit A” its entirety and inserting in lieu thereof new ‘Exhibit B”
hereto.
SECTION 2. This ordinance shall become effective upon its adoption in accordance
with applicable laws, in accordance with the AUGUSTA, GA CODE, attached hereto as “Exhibit
A.”
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed, except that nothing in this Ordinance shall be construed to repeal or modify Title 4,
Public Health, Section 2, Health and Sanitation, Articles 1 – 6 in their entirety, contained in
AUGUSTA, GA, CODE §§4-2-1 through 4-2-6.
SECTION 4. The Second Reading of this Ordinance is hereby Waived.
Adopted this _______ day of _________________, 2018.
___________________________
Hardie Davis, Jr.
As its Mayor
Attest:
______________________________
Lena J. Bonner,
Clerk of Commission
2
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta-Richmond County 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: ______________________
First Reading: ________________________
Second Reading: Waived
3
Amendment #1
October 2018
STRIKE REPLACE
Page 3: Final Stabilization: All soil
disturbing activities at the site have been
completed, and that for unpaved areas and
areas not covered by permanent structures and
areas located outside the waste disposal limits
of a landfill cell that has been certified by
EPD for waste disposal, 100% of the soil
surface is uniformly covered in permanent
vegetation with a density of 70% or greater,
or equivalent permanent stabilization
measures (such as the use of rip rap, gabions,
permanent mulches or geotextiles) have been
used. Permanent vegetation shall consist of:
planted trees, shrubs, perennial vines; a crop
of perennial vegetation appropriate for the
time of year and region; or a crop of annual
vegetation and a seeding of target crop
perennials appropriate for the region. Final
stabilization applies to each phase of
construction.
Page 3: Final Stabilization: All soil
disturbing activities at the site have been
completed, and that for unpaved areas and
areas not covered by permanent structures and
areas located outside the waste disposal limits
of a landfill cell that has been certified by
EPD for waste disposal, 100% of the soil
surface is uniformly covered in permanent
vegetation with a density of 70% or greater,
or landscaped according to the plan
(uniformaly covered with landscaping
materials in planned landscaped areas), or
equivalent permanent stabilization measures
as defined in the Manual (excluding a crop of
annual vegetation and seeding of target crop
perennials appropriate for the region). Final
stabilization applies to easch.
1
Title 4, Public Health, Section 2, Health and Sanitation, Article 7
Soil Erosion, Sedimentation and Pollution Control Ordinance
SECTION I
TITLE
This ordinance will be known as “Augusta Georgia Soil Erosion, Sedimentation and Pollution
Control Ordinance.”
SECTION II
DEFINITIONS
The following definitions shall apply in the interpretation and enforcement of this ordinance,
unless otherwise specifically stated:
A. DEFINITIONS:
1. Best Management Practices (BMPs):
(a) These include sound conservation and engineering practices to prevent and
minimize erosion and resultant sedimentation, which are consistent with, and no less
stringent than, those practices contained in the “Manual for Erosion and Sediment
Control in Georgia” published by the Commission as of January 1st of the year in which
the land-disturbing activity was permitted.
(b) Best Management Practice also include, but are not limited to design
specifications from the most recent publication of Georgia Stormwater Management
Manual Published by Atlanta Regional Commission.
2. Board: The Board of Natural Resources.
3. Buffer: The area of land immediately adjacent to the banks of state waters in its
natural state of vegetation, which facilitates the protection of water quality and aquatic
habitat.
4. Certified Personnel: A person who has successfully completed the appropriate
certification course approved by the Georgia Soil and Water Conservation Commission.
5. City: The Augusta, Georgia (formerly known as Augusta-Richmond County)
6. Commission: The Georgia Soil and Water Conservation Commission (GSWCC).
7. County: The Augusta, Georgia (formerly known as Augusta-Richmond County)
2
8. CPESC: Certified Professional in Erosion and Sediment Control with current
certification by Certified Profession in Erosion and Sediment Control, Inc., a corporation
registered in North Carolina, which is also referred to as CPESC or CPESC, Inc.
9. Cut: A portion of land surface or area from which earth has been removed or will
be removed by excavation; the depth below original ground surface to the excavated
surface. Also known as excavation.
10. Department: The Georgia Department of Natural Resources (DNR).
11. Design Professional: A professional licensed by the State of Georgia in the field of:
engineering, architecture, landscape architecture, forestry, geology, or land surveying; or
a person that is a Certified Professional in Erosion and Sediment Control (CPESC) with a
current certification by Certified Professional in Erosion and Sediment Control, Inc.
12. Developer: Refer to the person and persons, a cooperation, or other business
applying for a permit to undertake land-disturbing activity and performing development
within the scope of this ordinance.
13. Development: Refer to any activity which would alter the elevation of the land,
remove or destroy plant life, cause a structure of any kind to be installed, erected, or
removed, or a change of any kind from existing condition.
14. Director: The Director of the Environmental Protection Division or an authorized
representative.
15. District: The Brier Creek Soil and Water Conservation District.
16. Division: The Environmental Protection Division (EPD) of the Department of
Natural Resources.
17. Drainage Structure: A device composed of a virtually non-erodible material such
as concrete, steel, plastic or other such material that conveys water from one place to
another by intercepting the flow and carrying it to a release point for storm water
management, drainage control, or flood control purposes.
18. Erosion: The process by which land surface is worn away by the action of wind,
water, ice or gravity.
19. Erosion, Sedimentation and Pollution Control Plan: A plan required by the
Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum,
protections at least as stringent as the State General Permit, best management practices,
and requirements in section IV.D.&E. of this ordinance.
3
20. Fill: A portion of land surface to which soil or other solid material has been added;
the depth above the original ground surface or an excavation.
21. Final Stabilization: All soil disturbing activities at the site have been completed,
and that for unpaved areas and areas not covered by permanent structures and areas
located outside the waste disposal limits of a landfill cell that has been certified by EPD
for waste disposal, 100% of the soil surface is uniformly covered in permanent vegetation
with a density of 70% or greater, or landscaped according to the plan (uniformly covered
with landscaping materials in planned landscape areas), or equivalent permanent
stabilization measures as defined in the Manual (excluding a crop of annual vegetation
and seeding of target crop perennials appropriate for the region). Final stabilization
applies to each phase of construction.
22. Finished Grade: The final elevation and contour of the ground after cutting or
filling and conforming to the proposed design.
23. Grading: Altering the shape of ground surfaces to a predetermined condition; this
includes stripping, cutting, filling, stockpiling and shaping or any combination thereof
and shall include the land in its cut or filled condition.
24. Ground Elevation: The original elevation of the ground surface prior to cutting or
filling.
25. Land-Disturbing Activity: Any activity which may result in soil erosion from
water or wind and the movement of sediments into state waters or onto lands within the
state, including, but not limited to, clearing, dredging, grading, excavating, transporting,
and filling of land but not including agricultural practices as described in Section III,
Paragraph 5.
26. Larger Common Plan of Development or Sale: A contiguous area where multiple
separate and distinct construction activities are occurring under one plan of development
or sale. For the purposes of this paragraph, “plan” means an announcement; piece of
documentation such as a sign, public notice or hearing, sales pitch, advertisement,
drawing, permit application, zoning request, or computer design; or physical demarcation
such as boundary signs, lot stakes, or surveyor markings, indicating that construction
activities may occur on a specific plot.
26. Local Issuing Authority: Augusta, GA which is certified pursuant to subsection
(a) O.C.G.A. 12-7-8. Director Augusta Engineering Department is authorized
representative.
27. Metropolitan River Protection Act (MRPA): A state law referenced as
O.C.G.A. 12-5-440 et. seq., which addresses environmental and developmental matters in
certain metropolitan river corridors and their drainage basins.
4
28. Mulching: Refers to the application of plant or other suitable materials in the soil
surface to conserve moisture, hold the soil in place, and aid in establishing plant cover.
29. Natural Ground Surface: The ground surface in its original state before any
grading, excavation or filling.
30. Nephelometric Turbidity Units (NTU): Numerical units of measure based upon
photometric analytical techniques for measuring the light scattered by finely divided
particles of a substance in suspension. This technique is used to estimate the extent of
turbidity in water in which colloidally dispersed or suspended particles are present.
31. NOI: A Notice of Intent form provided by EPD for coverage under the State
General Permit.
32. NOT: A Notice of Termination form provided by EPD to terminate coverage
under the State General Permit.
33. One Hundred Year Floodplain: Land in the floodplain subject to a one (1)
percent or greater statistical occurrence probability of flooding in any given year (also
referred to as “area of the 1% annual chance flood” on Augusta’s Flood Insurance Rate
Maps – effective date September 25, 2009 or the latest).
34. Operator: The party or parties that have: (A) operational control of construction
project plans and specifications, including the ability to make modifications to those
plans and specifications; or (B) day-to-day operational control of those activities that are
necessary to ensure compliance with an erosion, sedimentation and pollution control plan
for the site or other permit conditions, such as a person authorized to direct workers at a
site to carry out activities required by the erosion, sedimentation and pollution control
plan or to comply with other permit conditions.
35. Outfall: The location where storm water in a discernible, confined and discrete
conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a
point source discharging into that receiving water.
36. Permit: The authorization necessary to conduct a land-disturbing activity under
the provisions of this ordinance.
37. Person: Any individual, partnership, firm, association, joint venture, public or
private corporation, trust, estate, commission, board, public or private institution, utility,
cooperative, state agency, municipality or other political subdivision of the State of
Georgia, any interstate body or any other legal entity.
38. Planning Commission: The Augusta, GA (Augusta-Richmond County)
Planning Commission.
5
39. Phase or Phased: Sub-parts or segments of construction projects where the sub-
part or segment is constructed and stabilized prior to completing construction activities
on the entire construction site.
40. Project: The entire proposed development project regardless of the size of the
area of land to be disturbed.
41. Properly Designed: Designed in accordance with the design requirements and
specifications contained in the “Manual for Erosion and Sediment Control in Georgia”
(Manual) published by the Georgia Soil and Water Conservation Commission as of
January 1 of the year in which the land-disturbing activity was permitted and
amendments to the Manual as approved by the Commission up until the date of NOI
submittal.
42. Roadway Drainage Structure: A device such as a bridge, culvert, or ditch,
composed of a virtually non-erodible material such as concrete, steel, plastic, or other
such material that conveys water under a roadway by intercepting the flow on one side of
a traveled roadway consisting of one or more defined lanes, with or without shoulder
areas, and carrying water to a release point on the other side.
43. Sediment: Solid material, both organic and inorganic, that is in suspension, is
being transported, or has been moved from its site of origin by wind, water, ice, or
gravity as a product of erosion.
44. Sedimentation: The process by which eroded material is transported and
deposited by the action of water, wind, ice or gravity.
45. Soil and Water Conservation District Approved Plan: An erosion,
sedimentation and pollution control plan approved in writing by the Brier Creek Soil and
Water Conservation District or LIA under MOA with Brier Creek Soil and Water
Conservation District.
46. Stabilization: The process of establishing an enduring soil cover of vegetation by
the installation of temporary or permanent structures for the purpose of reducing to a
minimum the erosion process and the resultant transport of sediment by wind, water, ice
or gravity.
47. State General Permit: The National Pollution Discharge Elimination System
(NPDES) general permit or permits for storm water runoff from construction activities as
is now in effect or as may be amended or reissued in the future pursuant to the state’s
authority to implement the same through federal delegation under the Federal Water
Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of
§12-5-30.
48. State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs,
ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water,
6
natural or artificial, lying within or forming a part of the boundaries of Georgia which are
not entirely confined and retained completely upon the property of a single individual,
partnership, or corporation.
49. Stream bank: The confining cut of a stream channel usually identified as the
point where the normal stream flow has wrested the vegetation. For non-trout waters, the
normal stream flow is any stream flow that consists solely of base flow or consists of
both base flow and direct runoff during any period of the year. Base flow results from
groundwater that enters the stream channel through the soil. This includes flows into
streams. Direct runoff is the water entering stream channels promptly after rainfalls or
snow melts.
50. Structural Erosion, Sedimentation and Pollution Control Practices: Practices
for the stabilization of erodible or sediment-producing areas by utilizing the mechanical
properties of matter for the purpose of either changing the surface of the land or storing,
regulating or disposing of runoff to prevent excessive sediment loss. Examples of
structural erosion and sediment control practices are riprap, sediment basins, dikes, level
spreaders, waterways or outlets, diversions, grade stabilization structures and sediment
traps, etc. Such practices can be found in the publication Manual for Erosion and
Sediment Control in Georgia.
51. Trout Streams: All streams or portions of streams within the watershed as
designated by the Wildlife Resources Division of the Georgia Department of Natural
Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-
5-20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at
www.gaepd.org. Streams designated as primary trout waters are defined as water
supporting a self- sustaining population of rainbow, brown or brook trout. Streams
designated as secondary trout waters are those in which there is no evidence of natural
trout reproduction, but are capable of supporting trout throughout the year. First order
trout waters are streams into which no other streams flow except springs.
52. Vegetative Erosion and Sedimentation Control Measures: Measures for the
stabilization of erodible or sediment-producing areas by covering the soil with:
(a) Permanent seeding, sprigging or planting, producing long-term vegetative
cover, or
(b) Temporary seeding, producing short-term vegetative cover; or
(c) Sodding, covering areas with a turf of perennial sod-forming grass.
Such measures can be found in the publication Manual for Erosion and Sediment Control
in Georgia.
53. Watercourse: Any natural or artificial watercourse, stream, river, creek, channel,
ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water
flows either continuously or intermittently and which has a definite channel, bed and
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banks, and including any area adjacent thereto subject to inundation by reason of
overflow or floodwater.
54. Water Quality: The chemical, physical, and biological characteristics of the
State’s water resources.
55. Wetlands: Those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal
circumstances do support a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
SECTION III
EXEMPTIONS
(a) This ordinance shall apply to any land-disturbing activity undertaken by any person on
any land within the jurisdiction of the City except and to the extent exempted by
O.C.G.A. §12-4-17 and as provided under following subsection:
1. Surface mining, as the same is defined in O.C.G.A. §12-4-72, "The Georgia
Surface Mining Act of 1968".
2. Granite quarrying and land clearing for such quarrying;
3. Such minor land-disturbing activities as home gardens and individual home
landscaping, repairs, maintenance work, fences, and other related activities which result
in minor soil erosion;
4. The construction of single-family residences, when such construction disturbs less
than one (1) acre and is not a part of a larger common plan of development or sale with a
planned disturbance of equal to or greater than one (1) acre and not otherwise exempted
under this paragraph; provided, however, that construction of any such residence shall
conform to the minimum requirements as set forth in Section IV of this Ordinance,
O.C.G.A. §12-7-6 and this paragraph. For single-family residence construction covered
by the provisions of this paragraph, there shall be a buffer zone between the residence
and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the
Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing activity
shall be constructed between the residence and the point where vegetation has been
wrested by normal stream flow or wave action from the banks of the trout waters. For
primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance
to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be
at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet.
Regardless of whether a trout stream is primary or secondary, for first order trout waters,
which are streams into which no other streams flow except for springs, the buffer shall be
at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The
minimum requirements of subsection (b) of O.C.G.A. §12-7-6 and the buffer zones
provided by this paragraph shall be enforced by the City;
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5. Agricultural operations as defined in O.C.G.A. §1-3-3, "definitions", to include
raising, harvesting or storing of products of the field or orchard; feeding, breeding or
managing livestock or poultry; producing or storing feed for use in the production of
livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits
or for use in the production of poultry, including but not limited to chickens, hens and
turkeys; producing plants, trees, fowl, or animals; the production of aqua culture,
horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and
farm ponds;
6. Forestry land management practices, including harvesting; provided, however,
that when such exempt forestry practices cause or result in land-disturbing or other
activities otherwise prohibited in a buffer, as established in Section IV.E. of this
ordinance, no other land-disturbing activities, except for normal forest management
practices, shall be allowed on the entire property upon which the forestry practices were
conducted for a period of three (3) years after completion of such forestry practices;
7. Any project carried out under the technical supervision of the Natural Resources
Conservation Service (NRCS) of the United States Department of Agriculture;
8. Any project involving less than one (1) acre of disturbed area; provided, however,
that this exemption shall not apply to any land-disturbing activity within a larger common
plan of development or sale with a planned disturbance of equal to or greater than one (1)
acre or within 200 feet of the bank of any state waters, and for purposes of this paragraph,
“State Waters” excludes channels and drainage ways which have water in them only
during and immediately after rainfall events and intermittent streams which do not have
water in them year-round; provided, however, that any person responsible for a project
which involves less than one (1) acre, which involves land-disturbing activity, and which
is within 200 feet of any such excluded channel or drainage way, must prevent sediment
from moving beyond the boundaries of the property on which such project is located and
provided, further, that nothing contained herein shall prevent the City from regulating any
such project which is not specifically exempted by paragraphs 1, 2, 3, 4, 5, 6, 7, 9 or 10
of this section;
9. Construction or maintenance projects, or both, undertaken or financed in whole or
in part, or both, by the Department of Transportation, the Georgia Highway Authority, or
the State Road and Tollway Authority; or any road construction or maintenance project,
or both, undertaken by any county or municipality; provided, however, that construction
or maintenance projects of the Department of Transportation or the State Road and
Tollway Authority which disturb one or more contiguous acres of land shall be subject to
provisions of O.C.G.A. §12-7-7.1; except where the Department of Transportation, the
Georgia Highway Authority, or the State Road and Tollway Authority is a secondary
permittee for a project located within a larger common plan of development or sale under
the state general permit, in which case a copy of a notice of intent under the state general
permit shall be submitted to the City, the City shall enforce compliance with the
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minimum requirements set forth in O.C.G.A. §12-7-6 as if a permit had been issued, and
violations shall be subject to the same penalties as violations by permit holders.
10. Any land-disturbing activities conducted by any electric membership corporation
or municipal electrical system or any public utility under the regulatory jurisdiction of the
Public Service Commission, any utility under the regulatory jurisdiction of the Federal
Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36-
18-1, or any agency or instrumentality of the United States engaged in the generation,
transmission, or distribution of power; except where an electric membership corporation
or municipal electrical system or any public utility under the regulatory jurisdiction of the
Public Service Commission, any utility under the regulatory jurisdiction of the Federal
Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36-
18-1, or any agency or instrumentality of the United states engaged in the generation,
transmission, or distribution of power is a secondary permittee for a project located
within a larger common plan of development or sale under the state general permit, in
which case the City shall enforce compliance with the minimum requirements set forth in
O.C.G.A. 12-7-6 as if a permit had been issued, and violations shall be subject to the
same penalties as violations by permit holders; and
11. Any public water system reservoir:
(b) The following projects are exempt from the permit requirements of section V of this
article by O.C.G.A. §12-4-17, however, any land disturbing activities conducted as part
of any such project shall submit individual lot drainage plan including proposed changes
in lot grade to the Augusta Engineering Department for approval prior to getting a
building permit and conform to the minimum requirements as set forth in section IV of
this article, including, but not limited to, the implementation of BMPs.
(1) The construction of a single-family residence or commercial lot or institutional
lot, when such construction disturbs less than one acre and is not a part of a larger
common plan of development or sale with a planned disturbance of equal to or greater
than one acre and not otherwise exempted under this section.
(c) The following projects are exempt from the permit requirements of section V of this
article by O.C.G.A. §12-4-17, however, any land disturbing activities conducted as part
of any such project shall apply the stormwater management standards for new
development and redevelopment and submit stormwater quality management plan to the
Augusta Engineering Department for approval prior to getting a building permit or
grading permit. All stormwater runoff shall be adequately treated prior to discharge. The
stormwater management system shall be designed to capture and treat the water quality
treatment of volume, which is defined as the runoff volume resulting from the first 1.2 of
rainfall from a site. If the first 1.0 inch of rainfall can be retained onsite then additional
water quality treatment is not required.
(1) New development that creates or adds 5,000 square feet or greater impervious surface
area, or that involve land disturbing activity of one acre of land or greater.
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(2) Redevelopment that creates, adds or replaces 5,000 square feet or greater impervious
surface area, or that involves land disturbing activity of one acre of land or greater.
SECTION IV
MINIMUM REQUIREMENTS FOR EROSION, SEDIMENTATION AND POLLUTION
CONTROL USING BEST MANAGEMENT PRACTICES
A. GENERAL PROVISIONS:
Excessive soil erosion and resulting sedimentation can take place during land-disturbing
activities if requirements of the ordinance and the NPDES General Permit are not met.
Therefore, plans for those land-disturbing activities which are not exempted by this
ordinance shall contain provisions for application of soil erosion, sedimentation and
pollution control measures and practices. The provisions shall be incorporated into the
erosion, sedimentation and pollution control plans. Soil erosion, sedimentation and
pollution control measures and practices shall conform to the minimum requirements of
Section IV.B. D. & E. of this ordinance. The application of measures and practices shall
apply to all features of the site, including street and utility installations, drainage facilities
and other temporary and permanent improvements. Measures shall be installed to
prevent or control erosion, sedimentation and pollution during all stages of any land-
disturbing activity in accordance with requirements of this ordinance and the NPDES
General Permit
B. MINIMUM REQUIREMENTS/ BMPs/MONITORING REQUIREMENTS:
1. Best management practices as set forth in Section IV.B. D. & E. of this ordinance
shall be required for all land-disturbing activities. Proper design, installation, and
maintenance of best management practices shall constitute a complete defense to any
action by the Director or to any other allegation of noncompliance with paragraph (2) of
this subsection or any substantially similar terms contained in a permit for the discharge
of storm water issued pursuant to subsection (f) of O.C.G.A. §12-5-30, the "Georgia
Water Quality Control Act". As used in this subsection the terms "proper design” and
“properly designed” mean designed in accordance with the hydraulic design
specifications contained in the “Manual for Erosion and Sediment Control in Georgia”
specified in O.C.G.A. §12-7-6 subsection (b).
2. A discharge of storm water runoff from disturbed areas where best management
practices have not been properly designed, installed, and maintained shall constitute a
separate violation of any land-disturbing permit issued by a local Issuing Authority or of
any state general permit issued by the Division pursuant to subsection (f) of O.C.G.A.
§12-5-30, the "Georgia Water Quality Control Act", for each day on which such
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discharge results in the turbidity of receiving waters being increased by more than
twenty-five (25) nephelometric turbidity units for waters supporting warm water
fisheries or by more than ten (10) nephelometric turbidity units for waters classified as
trout waters. The turbidity of the receiving waters shall be measured in accordance with
guidelines to be issued by the Director. This paragraph shall not apply to any land
disturbance associated with the construction of single family homes which are not part of
a larger common plan of development or sale unless the planned disturbance for such
construction is equal to or greater than five (5) acres.
C. VIOLATIONS:
1. Failure to properly design, install, or maintain best management practices shall
constitute a violation of any land-disturbing permit issued by a Local Issuing Authority or
of any state general permit issued by the Division pursuant to subsection (f) of Code
Section 12-5-30, the "Georgia Water Quality Control Act", for each day on which such
failure occurs.
2. The Director may require, in accordance with regulations adopted by the Board,
reasonable and prudent monitoring of the turbidity level of receiving waters into which
discharges from land disturbing activities occur.
3. Failure to perform turbidity monitoring or to submit monitoring results as
required under the state general permit(s) applicable to the project shall be a violation of
this article for each day on which such failure occurs or continues.
4. If any person commences any land-disturbing activity requiring a land disturbing
permit as described in this article without first obtaining said permit, the person shall be
in violation of this Article for each day on which such land disturbing activity occurs.
5. Conducting land-disturbing activity in any manner prohibited by or inconsistent
with the requirements of this article shall constitute a separate violation of this article for
each day on which such prohibited or inconsistent activity occurs or continues.
D. REQUIREMENTS:
The rules and regulations, ordinances, or resolutions adopted pursuant to this chapter and
O.C.G.A. §12-7-1 et. seq. for the purpose of governing land-disturbing activities shall
require, as a minimum, protections at least as stringent as the state general permit; and
best management practices, including sound conservation and engineering practices to
prevent and minimize erosion and resultant sedimentation, which are consistent with, and
no less stringent than, those practices contained in the Manual for Erosion and Sediment
Control in Georgia published by the Georgia Soil and Water Conservation Commission
as of January 1 of the year in which the land-disturbing activity was permitted, as well as
the following:
1. Stripping of vegetation, regrading and other development activities shall be
conducted in a manner so as to minimize erosion;
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2. Cut-fill operations must be kept to a minimum;
3. Development plans must conform to topography and soil type so as to create the
lowest practicable erosion potential;
4. Whenever feasible, natural vegetation shall be retained, protected and
supplemented;
5. The disturbed area and the duration of exposure to erosive elements shall be kept
to a practicable minimum;
6. Disturbed soil shall be stabilized as quickly as practicable;
7. Temporary vegetation or mulching shall be employed to protect exposed critical
areas during development;
8. Permanent vegetation and structural erosion control practices shall be installed as
soon as practicable;
9. To the extent necessary, sediment in run-off water must be trapped by the use of
debris basins, sediment basins, silt traps, or similar measures until the disturbed area is
stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a
condition of continuous compliance with the requirements of O.C.G.A. §12-7-1 et. seq.;
10. Adequate provisions must be provided to minimize damage from surface water to
the cut face of excavations or the sloping of fills;
11. Cuts and fills may not endanger adjoining property;
12. Fills may not encroach upon natural watercourses or constructed channels in a
manner so as to adversely affect other property owners;
13. Grading equipment must cross flowing streams by means of bridges or culverts
except when such methods are not feasible, provided, in any case, that such crossings are
kept to a minimum;
14. Land-disturbing activity plans for erosion, sedimentation and pollution control
shall include provisions for treatment or control of any source of sediments and adequate
sedimentation control facilities to retain sediments on-site or preclude sedimentation of
adjacent waters beyond the levels specified in Section IV B. 2. of this ordinance
E. BUFFERS:
1. Except as provided in O.C.G.A §12-7-6(b)(16) for trout streams, there is
established a 25 foot buffer along the banks of all state waters, as measured horizontally
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from the point where vegetation has been wrested by normal stream flow or wave action,
except i) where the Director determines to allow a variance that is at least as protective of
natural resources and the environment, ii) where otherwise allowed by the Director
pursuant to O.C.G.A. §12-2-8, iii) where a drainage structure or a roadway drainage
structure must be constructed, provided that adequate erosion control measures are
incorporated in the project plans and specifications, and are implemented; or iv) along
any ephemeral stream. As used in this provision, the term 'ephemeral stream' means a
stream: that under normal circumstances has water flowing only during and for a short
duration after precipitation events; that has the channel located above the ground-water
table year round; for which ground water is not a source of water; and for which runoff
from precipitation is the primary source of water flow, Unless exempted as along an
ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article
5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall remain in force
unless a variance is granted by the Director as provided in this paragraph. The following
requirements shall apply to any such buffer:
(a) No land-disturbing activities shall be conducted within a buffer and a
buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing
activities on the construction site are completed. Once the final stabilization of the site is
achieved, a buffer may be thinned or trimmed of vegetation as long as a protective
vegetative cover remains to protect water quality and aquatic habitat and a natural canopy
is left in sufficient quantity to keep shade on the stream bed; provided, however, that any
person constructing a single-family residence, when such residence is constructed by or
under contract with the owner for his or her own occupancy, may thin or trim vegetation
in a buffer at any time as long as protective vegetative cover remains to protect water
quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade
on the stream bed; and
(b) The buffer shall not apply to the following land-disturbing activities,
provided that they occur at an angle, as measured from the point of crossing, within 25
degrees of perpendicular to the stream; cause a width of disturbance of not more than 50
feet within the buffer; and adequate erosion control measures are incorporated into the
project plans and specifications and are implemented: (i) Stream crossings for water
lines; or (ii) Stream crossings for sewer lines; and
2. There is established a 50 foot buffer as measured horizontally from the point
where vegetation has been wrested by normal stream flow or wave action, along the
banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5
of Title 12, the “Georgia Water Quality Control Act", except where a roadway drainage
structure must be constructed ; provided, however, that small springs and streams
classified as trout streams which discharge an average annual flow of 25 gallons per
minute or less shall have a 25 foot buffer or they may be piped, at the discretion of the
landowner, pursuant to the terms of a rule providing for a general variance promulgated
by the Board, so long as any such pipe stops short of the downstream landowner’s
property and the landowner complies with the buffer requirement for any adjacent trout
streams. The Director may grant a variance from such buffer to allow land-disturbing
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activity, provided that adequate erosion control measures are incorporated in the project
plans and specifications and are implemented. The following requirements shall apply to
such buffer:
(a) No land-disturbing activities shall be conducted within a buffer and a
buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing
activities on the construction site are completed. Once the final stabilization of the site is
achieved, a buffer may be thinned or trimmed of vegetation as long as a protective
vegetative cover remains to protect water quality and aquatic habitat and a natural canopy
is left in sufficient quantity to keep shade on the stream bed: provided, however, that any
person constructing a single–family residence, when such residence is constructed by or
under contract with the owner for his or her own occupancy, may thin or trim vegetation
in a buffer at any time as long as protective vegetative cover remains to protect water
quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade
on the stream bed; and
(b)The buffer shall not apply to the following land-disturbing activities, provided
that they occur at an angle, as measured from the point of crossing, within 25 degrees of
perpendicular to the stream; cause a width of disturbance of not more than 50 feet within
the buffer; and adequate erosion control measures are incorporated into the project plans
and specifications and are implemented: (i) Stream crossings for water lines; or (ii)
Stream crossings for sewer lines.
F. LOCAL ISSUING AUTHORITY:
Nothing contained in O.C.G.A. 12-7-1 et. seq. shall prevent the City from adopting rules
and regulations, ordinances, or resolutions which contain stream buffer requirements that
exceed the minimum requirements in Section IV.B. D. & E. of this ordinance.
G. LAND-DISTURBING ACTIVITY:
The fact that land-disturbing activity for which a permit has been issued results in
injury to the property of another shall neither constitute proof of nor create a presumption
of a violation of the standards provided for in this ordinance or the terms of the permit.
SECTION V
APPLICATION/PERMIT PROCESS
A. GENERAL:
The property owner, developer and designated planners and engineers shall design and
review before submittal the general development plans and detailed plans and
requirements of the City that affect the tract to be developed and the area surrounding it.
They shall consult the zoning ordinance, storm water management ordinance, subdivision
ordinance, flood damage prevention ordinance, this ordinance, and any other ordinances,
15
rules, regulations or permits, which regulate the development of land within the
jurisdictional boundaries of the City. However, the owner or operator, with owner
notarized written consent, is the only party who may obtain a permit.
B. APPLICATION REQUIREMENTS:
1. No person shall conduct any land-disturbing activity within the jurisdictional
boundaries of Local Issuing Authority without first obtaining a Land Development
Permit (LDA) from the County to perform such activity and providing a copy of Notice
of Intent submitted to EPD if applicable. This also applies to mass grading activities at
individual lots within a common development such as subdivision and a builder shall
obtain a Land Disturbing Permit as well as a building permit to commence construction.
2. The application for a permit shall be submitted to the County and must include the
applicant’s erosion, sedimentation and pollution control plan with a completed checklist
and supporting data, as necessary. Said plans shall include, as a minimum, the data
specified in Section V.C. of this ordinance. Erosion, sedimentation and pollution control
plans, together with supporting data, must demonstrate affirmatively that the land
disturbing activity proposed will be carried out in such a manner that the provisions of
Section IV.B. D. & E. of this ordinance will be met. Applications for a permit will not be
accepted unless accompanied by six (6) copies of the applicant’s erosion, sedimentation
and pollution control plans. All applications shall contain a certification stating that the
plan preparer or the designee thereof visited the site prior to creation of the plan in
accordance with EPD Rule 391-3-7-.10.
3. An administrative fee, in the amount of $15.00 per disturbed acre (or portion thereof)
shall be charged by the City for each project requiring a permit under this article. The fee
shall be paid at the time the plan is submitted to the County. In addition to the local
permitting fees, fees will also be assessed pursuant to paragraph (5) subsection (a) of
O.C.G.A. §12-5-23, provided that such fees shall not exceed $80.00 per acre of land-
disturbing activity, and these fees shall be calculated and paid by the primary permittee as
defined in the state general permit for each acre of land-disturbing activity included in the
planned development or each phase of development. All applicable fees shall be paid
prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant
to subsection (a) of O.C.G.A. §12-7-8 half of such fees levied shall be submitted to the
Division; except that any and all fees due from an entity which is required to give notice
pursuant to paragraph (9) or (10) of O.C.G.A. §12-7-17 shall be submitted in full to the
Division, regardless of the existence of a Local Issuing Authority in the jurisdiction.
4. Immediately upon receipt of an application and plan for a permit, the County shall
refer the application and plan to the District for its review and approval or disapproval
concerning the adequacy of the erosion, sedimentation and pollution control plan. The
District shall approve or disapprove a plan within 35 days of receipt. Failure of the
District to act within 35 days shall be considered an approval of the pending plan. The
results of the District review shall be forwarded to the County. No permit will be issued
unless the plan has been approved by the District, and any variances required by Section
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IV.E. has been obtained, all fees have been paid, and bonding, if required as per Section
V B.6., have been obtained. Such review will not be required if the County and the
District have entered into an agreement which allows the County to conduct such review
and approval of the plan without referring the application and plan to the District. The
County with plan review authority shall approve or disapprove a revised Plan submittal
within 35 days of receipt. Failure of the County with plan review authority to act within
35 days shall be considered an approval of the revised Plan submittal.
5. Denial of Permit: If a permit applicant has had two or more violations of previous
permits, this ordinance section, or the Georgia Erosion and Sedimentation Act, as
amended, within three years prior to the date of filing the application under consideration,
the County may deny the permit application.
6. Bond Requirement: The County may require the permit applicant to post a bond
in the form of government security, cash, irrevocable letter of credit, or any combination
thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed
land-disturbing activity, prior to issuing the permit. If the applicant does not comply with
this section or with the conditions of the permit after issuance, the County may call the
bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to
stabilize the site of the land-disturbing activity and bring it into compliance.
C. PLAN REQUIREMENTS:
1. Plans must be prepared to meet the minimum requirements as contained in
Section IV.B. D. & E. of this ordinance, or through the use of more stringent, alternate
design criteria which conform to sound conservation and engineering practices. The
Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference
into this ordinance. The plan for the land-disturbing activity shall consider the
interrelationship of the soil types, geological and hydrological characteristics,
topography, watershed, vegetation, proposed permanent structures including roadways,
constructed waterways, sediment control and storm water management facilities, local
ordinances and State laws. Maps, drawings and supportive computations shall bear the
signature and seal of the certified design professional. Persons involved in land
development design, review, permitting, construction, monitoring, or inspections or any
land disturbing activity shall meet the education and training certification requirements,
dependent on his or her level of involvement with the process, as developed by the
Commission and in consultation with the Division and the Stakeholder Advisory Board
created pursuant to O.C.G.A. §12-7-20.
2. Data Required for Site Plan shall include all the information required from the
appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist
established by the Commission as of January 1 of the year in which the land-disturbing
activity was permitted. These check lists are included in this Ordinance by reference. A
filled copy of applicable checklist shall be submitted with the plan.
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3. Maps, drawings, and supportive computations shall bear the signature/seal of
certified design professional.
4. Maintenance of all soil erosion and sedimentation control practices, whether
temporary or permanent, shall be at all times the responsibilities of the property owner.
5. Plot plans for single family homes on individual lots shall illustrate the best
management practice the contractor will implement during construction to prevent soil
erosion and damage to adjoining properties as result if erosion; the plot plan shall
illustrate the method for controlling onsite drainage and permanently stabilizing the
disturbed soil upon completion of construction. Onsite drainage shall be away from the
foundations through and towards a define drainage system. Direction of onsite flow to be
indicated by arrows. Plot plans also include contractor name, street name and property
address, lot dimensions drawn to scale, all easements, existing drainage features,
structures footprints, building setback dimensions, BMPs to be implemented, offsite
system receiving onsite drainage, 100-year floodplain, sensitive areas including wetlands,
state water within 200 feet of the site, and applicable state water buffers. Aforementioned
BMPs and drainage requirements also apply to plot plans for individual lots that are part
of a larger common plan of development (such as residential or commercial subdivision).
6. Post construction phase shall include water quality controls depicting stormwater
management system designed to meet the City MS4 NPDES Permit and associated
Stormwater Management Plan stormwater Runoff Quality/Reduction performance
standards. The plan shall include specific information regarding maintenance, operation,
and delegation of authority for the system.
D. PERMITS:
1. Permits shall be issued or denied as soon as practicable but in any event not later than
forty-five (45) days after receipt by the County of a completed application, providing
variances and bonding are obtained, where necessary and all applicable fees have
been paid prior to permit issuance. The permit shall include conditions under which
the activity may be undertaken.
2. No permit shall be issued by the County unless the erosion, sedimentation and
pollution control plan has been approved by the Augusta Engineering Department
(per the District agreement) and the County has affirmatively determined that the plan
is in compliance with this ordinance, any variances required by Section IV.E. are
obtained, bonding requirements, if necessary, as per Section V B. 6. are met and all
ordinances and rules and regulations in effect within the jurisdictional boundaries of
the City are met. If the permit is denied, the reason for denial shall be furnished to the
applicant.
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3. Any land-disturbing activities by the County shall be subject to the same
requirements of this ordinance, and any other ordinances relating to land
development, as are applied to private persons.
4. If the tract is to be developed in phases, then a separate permit shall be required for
each phase.
5. The permit may be suspended, revoked, or modified by the County, as to all or any
portion of the land affected by the plan, upon finding that the land disturbing activity
is not in compliance with the approved erosion and sedimentation control plan or that
the holder or his successor is in violation of this ordinance. A holder of a permit shall
notify any successor as to all or any portion of the land affected by the approved plan
of the conditions contained in the permit.
6. The County may reject a permit application if the applicant has had two or more
violations of previous permits or the Erosion and Sedimentation Act permit
requirements within three years prior to the date of the application, in light of
O.C.G.A. §12-7-7 (f) (1).
7. No permit shall be issued unless the applicant provides a statement by the Richmond
County Tax Commissioner certifying that all ad valorem taxes levied against the
property and due and owing have been paid.
8. Approved ES&PC Plan is valid for two years from the date it was issued in
conjunction with the approved Site Plan or approved Development Plan. However,
any project that has not begun construction within one year of issuance of the Land
Disturbing Permit shall be required to submit an updated ES&PCP Plan for review
and approval. The updated ES&PCP Plan must be submitted 30 days prior to the
anticipated start of construction.
9. At completion of Land Disturbing Activities covered under this permit, the disturbed
areas shall be permanently stabilized and NOT shall be submitted as soon as possible
but not later than 45 days from establishment of permanent stabilization. A copy of
NOT shall be provided to Augusta Engineering Department. In case of phased
common development, NOT for the completed phase shall be submitted and ES&PC
Plans shall be modified accordingly.
SECTION VI
INSPECTION AND ENFORCEMENT
A. Prior to commencing land disturbing activities, a Pre-Construction Meeting with Augusta
Engineering Department will be required.
B. The Augusta Engineering Department will periodically inspect the sites of land-
disturbing activities for which permits have been issued to determine if the activities are
19
being conducted in accordance with the plan and if the measures required in the plan are
effective in controlling erosion and sedimentation. Also, the City shall regulate primary,
secondary and tertiary permittees as such terms are defined in the state general permit.
Primary permittees shall be responsible for installation and maintenance of best
management practices where the primary permittee is conducting land-disturbing
activities. Secondary permittees shall be responsible for installation and maintenance of
best management practices where the secondary permittee is conducting land-disturbing
activities. Tertiary permittees shall be responsible for installation and maintenance where
the tertiary permittee is conducting land-disturbing activities. If, through inspection, it
is deemed that a person engaged in land-disturbing activities as defined herein has failed
to comply with the approved plan, with permit conditions, or with the provisions of this
ordinance, a written notice to comply shall be served upon that person. The notice shall
set forth the measures necessary to achieve compliance and shall state the time within
which such measures must be completed. If the person engaged in the land-disturbing
activity fails to comply within the time specified, he shall be deemed in violation of this
ordinance.
1. Residential Construction of Individual Lots: The County Building Inspector will
inspect for compliance with this Ordinance for residential construction on individual lots.
If a project is deemed not in compliance with the approved plot plan, Augusta
Engineering Department will be notified for further action. The contractor and builder
will be issued a written notice to comply with the approved plan. If the contractor/builder
engaged in the land disturbing activity fails to comply within the time specified, he shall
be deemed in violation of this chapter.
C. Augusta Engineering Department shall have the power to conduct such investigations as
it may reasonably deem necessary to carry out duties as prescribed in this ordinance, and
for this purpose to enter at reasonable times upon any property, public or private, for the
purpose of investigation and inspecting the sites of land-disturbing activities.
D. No person shall refuse entry or access to any authorized representative or agent of the
County, the Commission, the District, or Division who requests entry for the purposes of
inspection, and who presents appropriate credentials, nor shall any person obstruct,
hamper or interfere with any such representative while in the process of carrying out his
official duties.
SECTION VII
PENALTIES AND INCENTIVES
A. REVOCATION OF AUTHORIZATIONS TO CONDUCT BUSINESS:
If any person commences any land-disturbing activity requiring a land-disturbing permit
as prescribed in this ordinance without first obtaining said permit, the person shall be
subject to revocation of his business license, work permit or other authorization for the
20
conduct of a business and associated work activities within the jurisdictional boundaries
of the City.
B. STOP-WORK ORDERS:
1. For the first and second violations of the provisions of this ordinance, the Director
or the County shall issue a written warning to the violator. A notice may be in any
written form, including without limitation, a memo, letter, directive or citation to appear
in Magistrate Court. The violator shall have five days to correct the violation. If the
violation is not corrected within five days, the Director or the County shall issue a stop-
work order requiring that land-disturbing activities be stopped until necessary corrective
action or mitigation has occurred; provided, however, that, if the violation presents an
imminent threat to public health or waters of the state or if the land-disturbing activities
are conducted without obtaining the necessary permit, the Director or the County shall
issue an immediate stop-work order in lieu of a warning;
2. For a third and each subsequent violation, the Director or the County shall issue
an immediate stop-work order; and;
3. All stop-work orders shall be effective immediately upon issuance and shall be in
effect until the necessary corrective action or mitigation has occurred. All such stop work
orders shall be effective immediately upon issuance and shall be in effect until the
necessary corrective action or mitigation has occurred. Such stop work orders shall apply
to all land-disturbing activity on the site with the exception of the installation and
maintenance of temporary or permanent erosion and sediment controls.
4. When a violation in the form of taking action without a permit, failure to maintain
a stream buffer, or significant amounts of sediment, as determined by the County or by
the Director or his or her Designee, have been or are being discharged into state waters
and where best management practices have not been properly designed, installed, and
maintained, a stop work order shall be issued by the County or by the Director or his or
her Designee without issuing prior written notices. All such stop work orders shall be
effective immediately upon issuance and shall be in effect until the necessary corrective
action or mitigation has occurred. Such stop work orders shall apply to all land-
disturbing activity on the site with the exception of the installation and maintenance of
temporary or permanent erosion and sediment controls.
C. BOND FORFEITURE:
If the County determines that a person engaged in land-disturbing activities at a project
where a Bond was required pursuant to Section V has failed to comply with the approved
plan, the party responsible for the securing the bond shall be deemed in violation of this
Ordinance and a written warning notice to comply shall be served upon that person. The
warning notice shall set forth the measures necessary to achieve compliance with the plan
and shall state the time within which such measures must be completed. If the person
engaged in the land-disturbing activity fails to comply within the time specified, in
21
addition to other penalties applicable under this Ordinance, he shall be deemed to have
forfeited his performance bond. The County may call the bond or any part thereof to be
forfeited and use the proceeds to hire a contractor to stabilize the site of the land-
disturbing activity and bring it into compliance.
D. MONETARY PENALTIES:
1. Any person who violates any provisions of this ordinance, oorr aannyy permit condition
or limitation established pursuant to this ordinance, or who negligently or intentionally
fails or refuses to comply with any final or emergency order issued as provided in this
ordinance shall be liable for a civil penalty not to exceed $2,500.00 per day. For the
purpose of enforcing the provisions of this ordinance, the Magistrate Court of Richmond
County is authorized under §O.C.G.A. 12-7-15 to impose penalty not to exceed
$2,500.00 for each violation. Each day during which violation or failure or refusal to
comply continues shall be a separate violation.
2. Under provision of this section, any person who continue to violate this
Ordinance, or knowingly and intentionally becoming a habitual violator on the same or
different site, will be liable for a civil penalty not to exceed $2,500.00 per day.
3. Penalties, less court costs, shall be returned to Augusta Georgia for depositing
into the NPDES account.
SECTION VIII
EDUCATION AND CERTIFICATION
A. Persons involved in land development design, review, permitting, construction,
monitoring, or inspection or any land-disturbing activity shall meet the education and
training certification requirements, dependent on their level of involvement with the
process, as developed by the commission in consultation with the division and the
stakeholder advisory board created pursuant to O.C.G.A. §12-7-20.
B. For each site on which land-disturbing activity occurs, each entity or person acting as
either a primary, secondary, or tertiary permittee, as defined in the state general permit,
shall have as a minimum one person who is in responsible charge of erosion and
sedimentation control activities on behalf of said entity or person and meets the
applicable education or training certification requirements developed by the Commission
present on site whenever land-disturbing activities are conducted on that site. A project
site shall herein be defined as any land-disturbance site or multiple sites within a larger
common plan of development or sale permitted by an owner or operator for compliance
with the state general permit.
C. Persons or entities involved in projects not requiring a state general permit but otherwise
requiring certified personnel on site may contract with certified persons to meet the
requirements of this ordinance.
22
D. If a state general permittee who has operational control of land-disturbing activities for a
site has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A.
§12-7-19, then any person or entity involved in land-disturbing activity at that site and
operating in a subcontractor capacity for such permittee shall meet those educational
requirements specified in paragraph (4) of subsection (b) of O.C.G.A §12-7-19 and shall
not be required to meet any educational requirements that exceed those specified in said
paragraph.
SECTION IX
ADMINISTRATIVE APPEAL – JUDICIAL REVIEW
A. ADMINISTRATIVE REMEDIES:
The suspension, revocation, modification or grant with condition of a permit by the
County, or the issuance of a stop-work order, or the determination to call a bond pursuant
to this Ordinance upon finding that the holder is not in compliance with the approved
erosion, sedimentation and Pollution control plan, or that the holder is in violation of
permit conditions, or that the holder is in violation of any ordinance, shall entitle the
person submitting the plan or holding the permit to a hearing before the Augusta
Commission within 30 days after receipt by the City of written notice of appeal. A notice
of appeal pursuant to this subsection must be delivered to the clerk of the Augusta
Georgia Commission within 20 days of the denial, suspension, revocation, unilateral
modification, grant with a condition of a permit, or notice of calling a bond by the
County, of the issuance of a stop-work order pursuant to this Ordinance.
B. JUDICIAL REVIEW:
Any person, aggrieved by a decision or order of the County, after exhausting his
administrative remedies, shall have the right to appeal denovo to the Superior Court of
Richmond County, Georgia.
SECTION X
EFFECTIVITY, VALIDITY AND LIABILITY
A. EFFECTIVITY:
This ordinance shall become effective on the _______ day of __________________,
20__; all Ordinance or part of ordinances in conflict with this Ordinance are hereby
repealed.
B. VALIDITY:
23
If any section, paragraph, clause, phrase, or provision of this ordinance shall be adjudged
invalid or held unconstitutional, such decisions shall not affect the remaining portions of
this ordinance.
C. LIABILITY:
1. Neither the approval of a plan under the provisions of this ordinance, nor the
compliance with provisions of this ordinance shall relieve any person from the
responsibility for damage to any person or property otherwise imposed by law nor
impose any liability upon the City, Augusta, Georgia or District for damage to any person
or property.
2. The fact that a land-disturbing activity for which a permit has been issued results
in injury to the property of another shall neither constitute proof of nor create a
presumption of a violation of the standards provided for in this ordinance or the terms of
the permit.
3. No provision of this ordinance shall permit any persons to violate the Georgia
Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the
rules and regulations promulgated and approved thereunder or pollute any Waters of the
State as defined thereby.
AUGUSTA, GEORGIA N0.Pg-1/2
Expiration: / / _
LAND DISTURBING ACTIVITY PERMIT APPLICATION
MAILING ADDRESS - Planning & Development Department Augusta Engineering Department
535 TELFAIR ST; STE300 PHONE: (706)821-1796 send a copy to: 452 Walker St. STE110, Augusta, GA 30901
AUGUSTA, GA 30901 FAX: (706)821-1806 PHONE: (706)821-1706 FAX: (706)796-5045
PROJECT NAME:
PROJECT ADDRESS:TAX MAP: BLOCK: LOT: _
PROJECT TYPE: ( ) COMMERCIAL ( ) MULTIFAMILY ( ) SUBDIV ( ) GOVT/INSTITUTION ( ) ROW ONLY ( ) S/F ( ) OTHER
ACTIVITY TYPE: ( ) CLEARING & GRUBBING ( ) GRADING ( ) DEVELOPMENT
TOTAL & DISTURBED PROJECT ACRES: PROPOSED DATE OF CONSTRUCTION: _
PROPERTY OWNER OF RECORD:PHONE NUMBER: _
MAILING ADDRESS: _STATE/ZIP _
APPLICANT:PHONE NUMBER: _
MAILING ADDRESS:STATE/ZIP _
PHONE# & FAX#EMERGENCY PHONE NUMBER: _
ENGINEERING FIRM:FIRM CONTACT PERSON: _
24-HOUR CONTACT NAME & GSWCC CERT. #:PHONE NUMBER: _
24-HOUR CONTACT CELL # & Email: _FAX NUMBER: _
In accordance with Augusta Georgia Code of Ordinance "Soil Erosion, sedimentation and Pollution Control",
Sec. V(D)(6). If a permit applicant has had two or more violations of a previous permit or the Soil Erosion, Sediment & Pollution Control Ordinance, or
the Georgia Erosion and Sedimentation Control Act, as amended, within three years prior to the date of filing of the application under consideration,
the County may deny application for a permit.
Sec. V(B)6 . The County may require the permit application to post a Performance Bond in the form of government security, cash, irrevocable letter of credit,
or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing a permit.
If the applicant does not comply with this ordinance of with conditions of the permit after issuance, the county may call the bond or any part thereof to be
forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.
Sec. V(D)(5) The permit may be suspended, revoked, or modified by the county, as to all or any portion of the land effected by the plan, upon a finding that
the land disturbing activity is not in compliance with the approved erosion, sedimentation & pollution control plan or that the holder or his successor
is in violation of the Soil Erosion, Sediment & Pollution Control Ordinance . A holder of an LDA permit shall notify any successor as to all or any portion of
land covered by the LDA permit about the conditions and requirements of the permit.
I hereby certify that the information provided herein is true, correct and complete to the best of my knowledge. I further certify that I have read
the stipulations in this application and that I, and/or the entity I represent, as applicable, will be subject to these stipulations if a permit is issued.
Subscribed and Sworn before me on ______day of ______20_____
Date: / / _
Applicant Signature: Property Owner or Owner's Authorized Representative Notary Public Commission Expire
APPLICATION FEE: RECEIVED BY: APPLICATION DATE: / / _
APPLICATION: ( ) APPROVED ( ) APPROVED WITH CONDITIONS* ( ) DISAPPROVED
[Augusta Georgia ES&PC Ordinance: Sec V(B)(5)]
SPECIAL REQUIREMENTS:
1-This Permit is valid only after signed by both AP&DD Director (or designee) & AED Director (or designee).
2-E&SC Bond Required (irrevocable letter of credit) NO ( ) YES ( ) Amount $______________
3-No site work shall begin until after pre-construction meeting is held by the Augusta Engineering Department
4-A copy of filed NOI with proof of applied payment shall be submitted to AED prior to requesting pre-construction meeting
5-This permit is non transferrable
* APROVAL CONDITIONS:
AP&DD Director (or DESIGNEE)Date AED Director (or DESIGNEE)DATE
ES&PC Plan Approval Date ____________ E&S Review N0.__________
NOI FEE: NO ( ) YES ( ) PAID: YES( ) NO( ) DATE PAID: RECEIVED BY _
REQUIRED ATTACHMENTS: Approved Erosion, Sediment & Pollition Control Plan and Approved Development Plan
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AUGUSTA, GEORGIA
LAND DISTURBING ACTIVITIES PERMIT APPLICATION Pg-2/2
General Conditions
(i) In accordance with the provision of the Augusta Georgia Soil Erosion, Sedimentation and Pollution Control Ordinance and the Rules of the
Georgia Department of Natural Resources, Chapter 391-3-7, Erosion and Sedimentation Control, both as amended, this permit is issued
for the land disturbing activity as described hereon and presented in the attached Approved Erosion, Sedimentation and Pollution Control Plan.
(ii) Projects that include the impoundment of water or the construction of a pond, the owner hereby agrees and does by these presents, indemnify
and hold harmless Augusta Georgia from and against any and all claims, demands, suites. Judgments, or chooses-in-action which may
be a third party against Augusta Georgia, as a result of the impoundment of water or the construction of a pond covered by this permit.
(iii) Applicant indemnifies and holds the Augusta Georgia and its officers, agents, and employees against any and all claims, damages,
demands, actions, causes of action, costs and expenses of whatsoever nature, which may result from any injury, death, loss or damage arises
out of the construction, operation, maintenance, repair, removal or relocation of the facilities covered by this permit.
(iv) Applicant is responsible for submitting all applicable plans, reports, and/or drawings.
(v) Applicant is responsible for obtaining any additional permits required by Georgia DOT, GA EPD, GA DNR, USACE &/or other government
agencies.
(vi) This permit is subject to modification or revocation on a finding of noncompliance with any of the provision of the Augusta Georgia Soil Erosion,
Sedimentation & Pollution Control Ordinance, and/or Erosion and Sedimentation Act of 1975, as amended, or any of the rules promulgated pursuant
thereto; or with any representation made on the attached thereto.
(vii) Unless otherwise exempted, person engaged in land-disturbing activities shall apply erosion, sedimentation and pollution control measures which
conform to the specifications contained in the current version of the "Manual for Erosion and Sediment Control in Georgia" (also known as the
"Green Book") published by State Soil and Water Conservation Commission.
(viii) This permit is effective until completion of the aforementioned land disturbing activity. However, if the land disturbing activity does not
commence within twenty-four (24) months from date issued, this permit will become null and void.
(xiv) If land disturbing activties do not commence within sixty (60) days from date of Preconstruction Meeting held by the AED, this permit will become
inactive until a new Preconstruction Meeting is arranged and conducted.
General Notes
(i) Provide copy of NOI and associated Fee Payment proof Prior to Pre-construction meeting held by Augusta Engineering Department
(ii) Submit Notice of Termination by State General Permit by return receipt certified mail (or similar) service) to the
approprate EPD District Office and a copy to the Augusta Engineering Department upon completion of permitted construction activities
(iii) Lot(s) development/construction in a Common Development (Subdivision), Submit Notice of Inetent and Termination as Secondary Permittee by
State General Permit by return receipt certified mail (or similar) service) to the approprate EPD District Office and
a copy to the Augusta Engineering Department.
(iv) Provide a copy of Notice of Termination (NOT) to the Augusta Engineering Department at issuance of "Certificate of Occupancy" .
(v) For phased Development,Provide a copy of Notice of Termination (NOT) to the Augusta Engineering Department at Platting of respective phase .
Commission Meeting Agenda
11/20/2018 2:00 PM
Approve and adopt the ordinance to establish the Keep Augusta Beautiful Commission; Article 7,
Sections 1-4-95 to 1-4-102 of the Augusta Code; and waive the second reading.
Department:Environmental Services
Department:Environmental Services
Caption:Motion to approve and adopt the ordinance to establish the
Keep Augusta Beautiful Commission; Article 7, Sections 1-4-95
to 1-4-102 of the Augusta Code; and waive the second reading.
(Approved by Engineering Services Committee November
13, 2018)
Background:Keep Augusta Beautiful was started by the Environmental
Services Department, after Commission approval, with defined
efforts to educate the public on litter prevention and recycling,
create opportunities for beautification, develop partnerships, and
coordinate public outreach. Keep Augusta Beautiful is seeking
affiliation with Keep America Beautiful, the national
organization on litter prevention, recycling, and
beautification. Keep America Beautiful’s expertise in
community improvement includes proven programs to address
litter prevention, beautification, and waste reduction and
recycling in our community; and would be an overall benefit to
Augusta. One of the key requirements for affiliation with Keep
America Beautiful is to formally establish the governing
documents including ordinances, an Executive Board, staffing,
and By-Laws. Keep Augusta Beautiful received Commission
approval to work on city ordinances that will create the Keep
Augusta Beautiful Commission. This item is requesting
approval for the attached ordinance.
Analysis:The ordinance is designed to establish and set the membership
requirements of the Executive Board, the purpose of the
Advisory Group, Duties of the Program Manager, general
responsibilities of each, and Financial Powers of the
organization. The Executive Board will be made up of between
nine and 12 members, with representatives from each
Commission District, Board of Education, local business, non-
profit organization, and government agencies. One person may
Cover Memo
represent more than one group. Each member will serve a 2-year
term and may serve no more than 3 successive terms. Once the
board is established, they will choose a chairperson, secretary,
and vice-chairman. The Board will provide recommendations for
programs, initiatives, address issues, and insure the KAB group
meets or exceeds the requirements of Keep America Beautiful.
The Program Manager serves as a member of the Board, but also
serves to complete the day to day mission of the KAB office.
This position sits within the Environmental Services
Department, with oversight by the Director. An Advisory Group
is also established to seek input from the community members.
KAB and ESD recognize that community support and input is
vital to the growth of the organization and its initiatives.
Financial Impact:There is no financial impact to the adoption of the Ordinance.
Alternatives:1. Do not approve and request the Department to make
additional changes to the content of the ordinance. 2. Request
the Department return for a second reading.
Recommendation:Approve the ordinance as written, and waive the second reading.
Funds are
Available in the
Following
Accounts:
None required.
REVIEWED AND APPROVED BY:
Cover Memo
2018 1
ORDINANCE NO. ____________________
AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE ONE,
CHAPTER FOUR, ARTICLE SEVEN, BY ADDING NEW SECTIONS TO BE
DESIGNATED SECTIONS 1-4-95 THROUGH 1-4-102; TO RE-ESTABLISH THE
AUGUSTA-RICHMOND COUNTY BEAUTIFICATION-CLEAN COMMUNITY
COMMISSION AS KEEP AUGUSTA BEAUTIFUL; TO CREATE MEMBERSHIP
GUIDELINES, ESTABLISH DUTIES AND RESPONSIBILITIES, AND BY-LAWS FOR
KEEP AUGUSTA BEAUTIFUL; 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.
THE AUGUSTA, GEORGIA COMMISSION ordains as follows:
SECTION 1. AUGUSTA, GA CODE, Title 1, Chapter 4, Article 7, as set forth in the
AUGUSTA, GA CODE, re-adopted July 10, 2007, is hereby amended by striking this section in
its entirety as set forth in “Exhibit A” hereto.
SECTION 2. AUGUSTA, GA CODE, Title 1, Chapter 4, Article 7, is hereby amended to add
new sections to be designated Sections 1-4-95 through 1-4-102 as set forth in “Exhibit B”
hereto.
SECTION 3. This ordinance shall be effective immediately after its adoption in accordance
with applicable laws.
SECTION 4. All ordinances, parts of ordinances, policies, and procedures concerning
events held on public property in conflict herewith are hereby repealed.
Adopted this _____ day of__________, 2018.
___________________________
Hardie Davis, Jr.
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
2018 2
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing
Ordinance was duly adopted by the Augusta, Georgia Commission on November 4, 2014 and that
such Ordinance has not been modified or rescinded as 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: __________________________
2018 3
Exhibit A
STRIKE:
SECS. 1-4-95—1-4-102. RESERVED.
2018 4
Exhibit B
ADD NEW:
ARTICLE 7. AUGUSTA-RICHMOND COUNTY BEAUTIFICATION-CLEAN COMMUNITY
COMMISSION
Secs. 1-4-95 Created; Purpose; Name
The Augusta-Richmond County Beautification-Clean Community Commission shall hereinafter be referred to
as the Keep Augusta Beautiful Commission (cited as Keep Augusta Beautiful). A Keep Augusta Beautiful
Commission is hereby created for the purpose of advising the Augusta, Georgia Commission in establishing
an Augusta-wide policy for decreasing the amount of litter in Augusta, providing beautification opportunities
for citizens, and educating the public on recycling and its benefits.
Secs. 1-4-96 Membership
The Keep Augusta Beautiful Commission provided for herein shall be comprised of a total of nine (9) but no more
than twelve (12) members. One (1) member will be a non-voting position filled by the Program Manager/Executive
Director. The remaining eight (8) to eleven (11) members will be selected and filled based on the following criteria:
1. One member shall be from the Board Of Education/Richmond County School System
2. One Member shall be from eight (8) of the Augusta Commission Districts
3. At least one (1) member will represent local businesses/nonprofits.
4. At least one (1) member will represent government agencies.
Member composition may overlap in the above mentioned criteria and must be made up of those representing
businesses and professional groups, trade unions, education groups, civic clubs, government agencies, and the general
public. The Keep Augusta Beautiful Commission shall operate under the purview of the Augusta Environmental
Services Department.
The Keep Augusta Beautiful Commission shall function as the Executive Board of Keep Augusta Beautiful. The
Mayor shall be an ex officio member of the Keep Augusta Beautiful Commission.
Secs. 1-4-96-1 Advisory Group
All citizens have the opportunity to provide feedback and seek answers to their questions through the use of the
Advisory Group meetings. All concerns presented during the Advisory Group meeting will be taken back to the
Executive Board for consideration. The Advisory Group does not direct the Executive Board or Keep Augusta
Beautiful.
Secs. 1-4-97 Length of Term
2018 5
Executive Board members shall serve no more than three (3) successive terms. Each term to last no more than
2 years.
Secs. 1-4-98 Duties of the Program Manager/Executive Director
That the Program Manager/Executive Director of Keep Augusta Beautiful shall be the non-voting member of
the Executive Board. The Program Manager/Executive Director shall be custodian of all minutes and records
of Keep Augusta Beautiful and perform such other duties as the Executive Board may deem necessary and
consistent with both the responsibilities of the Keep Augusta Beautiful Commission and his/her
responsibilities to Augusta, Georgia through the Augusta Environmental Services Department Director.
Secs. 1-4-99 Officers; Meetings; Quorums
(a) Those five (5) but no more than seven (7) members of the Keep Augusta Beautiful Commission shall
constitute a quorum for the conduct of business. The members of the Keep Augusta Beautiful
Commission shall regularly attend meetings and shall serve without compensation except for
reimbursement of authorized expenses attendant to the performance of their duties.
(b) The Keep Augusta Beautiful Commission shall hold an organizational meeting at least once per year
and shall elect a Chairman, Vice-Chairman, and Secretary from among its members before
proceeding to any other matters of business. The Keep Augusta Beautiful Commission shall meet
regularly and shall designate the time and place of its meetings. Newly-appointed members shall be
installed at the first regular meeting after their selection.
(c) The Keep Augusta Beautiful Commission shall adopt its own bylaws and rules of procedure and keep
a record of its proceedings in accordance with the provisions of the Augusta, Georgia Code of
Ordinances and the Augusta, Georgia Consolidation Act. The secretary of the Keep Augusta
Beautiful Commission shall take minutes of all meetings of the Keep Augusta Beautiful Commission
and keep records of all regularly scheduled meetings and other pertinent actions or proceedings. In
the event that the Keep Augusta Beautiful Commission Secretary is unavailable, the Keep Augusta Beautiful
Administrative Assistant will take the minutes.
(d) Every other month a report shall be submitted to the Keep Augusta Beautiful Commission showing
the cumulative attendance of each member with notation of members who have been absent from
three (3) consecutive meetings.
Secs. 1-4-100 Responsibilities
The Keep Augusta Beautiful Commission shall recommend policies related to community improvement with
a focus in the areas of litter prevention, beautification, and waste reduction and recycling to the Augusta,
2018 6
Georgia Commission so all Augusta activities might follow a common purpose. The Keep Augusta Beautiful
Commission shall have the following responsibilities:
1. Develop Augusta-wide refuse and environmental policy plan(s);
2. Evaluate Augusta actions in light of that policy;
3. Determine and recommend, to the Augusta, Georgia Commission, management and program priorities on a
Augusta-wide basis;
4. Recommend enforcement and additional program alternatives;
5. Monitor Augusta performance from data collected and examined under the Keep America Beautiful,
Inc. Affiliate System guidelines and make an annual report to the Augusta, Georgia Commission; and
6. Carry out such other related tasks as the Augusta, Georgia Commission may designate.
To accomplish these responsibilities the Keep Augusta Beautiful Commission shall establish sub-committees such as,
but not limited to, the areas of Business and Industry, Communications, Education, Finance/Fundraising, and
Cleanup.
A Keep Augusta Beautiful Commission member will chair each sub-committee with an unspecified number
of community volunteers chosen by the Keep Augusta Beautiful Commission as working sub-committee
members.
Secs. 1-4-101 Financial Powers limited
Augusta, Georgia, within the budgetary appropriation process, shall furnish office space, supplies, telephone, postage,
and secretarial support for the Program Manager/Executive Director. Augusta, Georgia, within the Augusta, Georgia
Commission-imposed budgetary restraints, shall also supply additional funds for Keep Augusta Beautiful Commission
activities involving travel or training for the Program Manager/Executive Director and staff, as needed, upon approval of
the Environmental Services Department Director.
Augusta, Georgia, within the budgetary appropriation process, shall pay the Program Manager’s/Executive
Director's salary. Such salary and other expenses, whether specifically enumerated in the preceding
paragraph or not, may be paid from donations when received by Augusta from the general public, business,
industry, foundations and other sources for the purposes embraced by the scope of the Keep Augusta
Beautiful Commission's purpose and responsibilities, administered in accordance with standard Augusta,
Georgia policy and practice governed by statutes, the consolidation act, and ordinances.
The Keep Augusta Commission shall not have the power to financially obligate Augusta, Georgia without
prior approval of the Executive Board, Augusta Director of Environmental Services Department, and the
Augusta, Georgia Commission.
Secs. 1-4-101-1 Funding
2018 7
The Keep Augusta Beautiful Commission shall submit budget requests annually in a manner prescribed by
the Augusta Director of Environmental Services Department, as established by ordinance or regulation of
Augusta, Georgia. The annual budget requests of Keep Augusta Beautiful are subject to approval by the
Augusta Director of Environmental Services Department and the Augusta, Georgia Commission.
Keep Augusta Beautiful may make application to state, federal, or private funds and grants and may use any
funds so received in the performance of duties and functions prescribed by this article. The Keep Augusta
Beautiful Commission shall not be authorized to make application for state, federal or private funds and
grants over $20,000.00 without prior official approval of the Augusta, Georgia Commission for a given grant ,
bequest or devise of real property, money or personal property to be applied, principal or income, for either
permanent or temporary use for commission purposes if the acceptance of any such gift, grant, bequest or
devise will subject Augusta to additional expense of any nature or obligation of any kind.
Secs. 1-4-102
That it is hereby declared to be the intention of the Augusta, Georgia Commission that the sections,
paragraphs, sentences, clauses and phrases of the Ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this Ordinance shall be declared unconstitutional or illegal by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality or illegality shall not affect any of the
remaining phrases, clauses, sentences or paragraphs and sections of this Ordinance, since the same would
have been enacted by the Augusta, Georgia Commission without incorporation in this Ordinance of any such
unconstitutional or illegal phrase, clause, sentence, paragraph or section.
Commission Meeting Agenda
11/20/2018 2:00 PM
Approve the Amendment to the Lease Agreement Between Augusta and Augusta Waste to Energy.
Department:Environmental Services
Department:Environmental Services
Caption:Motion to approve the Amendment to the Lease Agreement
Between Augusta and Augusta Waste to Energy with the lease
and the itemized changes (Sections 13.1 and 13.4) being
included in the agenda books for the Commission meeting and
that the law Department review the lease to determine if any
additional assurances are needed for the City's protection.
(Approved by Engineering Services Committee November
13, 2018)
Background:Augusta entered into a lease agreement with Augusta Waste to
Energy in September 2017 for the use of a section of land at the
Augusta Landfill property, the purchase of waste, and the
construction of a waste reclamation facility. In that initial lease
agreement, certain timelines were set which, due to outside
circumstances, the two parties were not able to meet. The
original Agreement provided that the permitting and engineering
be completed within 9 months of the execution of the
Agreement. This amendment is to adjust those timelines to
continue project development; and to ensure that post-closure
financial assurance is performed annually and is not the
responsibility of Augusta.
Analysis:The development of the waste reclamation facility is a rather
complex task. The Lessee – Augusta Waste to Energy, had to
obtain a Solid Waste Handling Permit from the Georgia EPD, as
well as perform some civil engineering tasks, tests, and reports;
as well as obtain a Land Disturbance Permit. The permitting has
proven to take much longer than originally anticipated. In
addition, the Augusta Landfill needed a modification to the
property line in order to meet the size requirements of the
proposed facility. Augusta, to date, has not yet received that
Cover Memo
approval from the EPD, either. In speaking with the EPD
representatives, they anticipate that approval will be issued to
Augusta within the next couple of weeks. Secondly, EPD
required Augusta Waste to Energy provide for the post-closure
costs for the facility and to provide financial assurance that those
costs will be covered. Augusta added a term to the lease at
Section 4.4 and at Section 13.1 which states that Augusta Waste
to Energy is responsible for those costs, which are estimated at
$1.4M, and will be responsible for certifying that amount to the
State of Georgia on an annual basis.
Financial Impact:There is no impact to Augusta at this time, however this project
will have a positive impact to Augusta and the Augusta
Landfill’s operations once on-line.
Alternatives:1. approve the amendment and allow the project to progress. 2.
do not approve the amendment and require further negotiation
between Augusta and Augusta Waste to Energy.
Recommendation:1. approve the Amendment and execution of the document.
Funds are
Available in the
Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Page 1 of 4
AMENDMENT TO SITE LEASE AGREEMENT
This AMENDMENT TO SITE LEASE AGREEMENT (the “Amendment”) is made this
___ day of _______________, 2018 (the “Effective Date”), by and between AUGUSTA
WASTE TO ENERGY, LLC (the “Lessee”) and AUGUSTA, GEORGIA, a political subdivision
of the State of Georgia (the “Lessor”). Lessor and Lessee are each individually also referred to as
a “Party” and collectively, as the “Parties.”
WITNESSETH:
WHEREAS, Landlord and Tenant entered into that certain Site Lease Agreement dated
September 26, 2017 (the “Lease”) to lease land for a Processing Site located at Lessor’s Landfill
in Blythe, Georgia (the “Premises”).
WHEREAS, the Parties desire to amend the established timelines, financial liability
requirements, and other provisions of the Lease pursuant to the terms of this Amendment.
NOW, THEREFORE, in consideration of the mutual covenants of Lessor and Lessee,
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereby covenant and agree as follows:
1. Capitalized terms not defined herein shall have the meaning ascribed to such term in the
Lease.
2. Section 3.6, Conditions Precedent to Lessee’s Obligation to Lease Processing Site, is
hereby deleted in its entirety and replaced with the following:
3.6 Conditions Precedent to Lessee’s Obligation to Lease Processing Site. Lessee’s
obligation to lease the Processing Site and to perform all other obligations of
Lessee under the terms and conditions of this Lease are subject to fulfillment of
the following “Conditions Precedent” on or before eighteen (18) months after the
execution of the Lease, except that any of the same may be waived by Lessee in
its sole discretion, in writing:
(a) Satisfactory completion of the Inspections by Lessee to confirm that the
Processing Site is an appropriate location for Lessee to operate a
Processing Facility
(b) Satisfactory ALTA/ACSM survey of the Processing Site and any
improvements (the “Survey”);
(c) Satisfactory environmental reports and condition, including a Phase I
report;
(d) Satisfactory soil borings to confirm geotechnical characteristics of the
Processing Site;
Page 2 of 4
(e) Satisfactory cross access and other appropriate easements, which Lessor
shall provide to Lessee as required by Lessee.
(f) Lessor’s completion of its obligations set forth in Section 2.2 above.
Additionally, the obligations of Lessee under this Lease are subject to fulfillment of the
following “Additional Condition Precedent” on or before eighteen (18) months after the
execution of this Lease: Lessee shall have entered into agreements and received Permits
and all other necessary governmental authorizations on terms and conditions acceptable
to Lessee, in Lessee's sole discretion, that shall: (i) enable Lessee to accept delivery of
Municipal Solid Waste from Lessor and process it in accordance with Lessee’s business
model and facility design; and (ii) enable Lessee to finance, build and operate the
Processing Facility on the Processing Site.
3. Section 4.4, Improvements, is hereby deleted in its entirety and replaced with the following:
4.4 Improvements. Lessor and Lessee intend and agree that, subject to the terms and
conditions of this Lease, the Lessee’s improvements including the Processing
System, shall be and remain the personal property of Lessee, and shall at no time
become a fixture with respect to the Processing Site. Upon termination or
expiration of this Lease, title to any improvements situated or erected on the
Processing Site, and any alteration, change or addition thereto, shall remain solely
in Lessee. Within one hundred and eighty (180) days of the expiration or earlier
termination of the Initial Term (or any extension thereof), all processing
equipment installed, including any building or other improvement, shall, at
the option of Lessee: remain the property of the Lessee and be removed; Lessee
may demolish and dispose of any or all of the foregoing; and/or Lessee may
abandon the same on the Processing Site if the Lessor has consented to such
abandonment in writing. Provided, however, should the Lessor desire that any of
the foregoing improvements remain at the Processing Site despite Lessee’s desire
to remove the same, Lessor shall pay Lessee the fair market value, as determined
at the time of the acquisition, for such improvement(s). Should Lessee decide to
remove any equipment and/or other improvement, such removal shall be done in
such a manner that it does not damage the integrity of any abandoned or
purchased improvement that the Lessor has elected to retain. Lessee shall be
solely responsible for any post-closure costs and liability for the premises
associated with the termination of the Agreement.
4. Section 13.1, Lessee’s Insurance is hereby deleted in its entirety and replaced with the
following:
13.1 Lessee’s Insurance. Lessee shall at all times carry and maintain, at its own
expense, the minimum insurance coverage set forth in this Section 13. 1. The terms and
conditions of such insurance policies (including the amount, scope of coverage,
deductibles and self-insured retentions) shall be commercially reasonable and the
coverage shall be on an occurrence basis:
Page 3 of 4
(a) Commercial GL: no less than $1,000,000.
(b) Auto Liability – single limit: no less than $1,000,000, including
coverage for owned, non-owned and hired vehicles for both bodily
injury and property damage.
(c) Property/Machinery Breakdown “all risk” insurance for
replacement cost for Processing System and shall include business
interruption coverage.
(d) Pollution Liability Coverage: no less than $ 2,000,000.
(e) Worker’s Compensation insurance, covering liability under
applicable worker’s compensation law, at the statutory coverage
levels; and
(f) $1,000,000 Employer Liability.
The State of Georgia also requires that Lessee provide financial assurance to cover the
amount of waste that Processing Site will handle at its maximum capacity, in the event that the
Processing Sire is abandoned or ceases to operate. The amount of financial assurance required
by the State of Georgia for Lessee’s Processing Site is approximately $1,400,000.00. Such
amount shall be certified by the State of Georgia on an annual basis. Lessee shall be solely
responsible for such required financial assurance and certification. Failure of Lessee to do so
shall result in a breach of this Agreement and automatically terminate this Agreement.
5. All other terms and conditions of the Lease that are not modified by this Amendment shall
continue in full force and effect.
[SIGNATURES ON THE FOLLOWING PAGE]
Page 4 of 4
IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment as of the
Effective Date.
LESSOR:
LESSEE:
AUGUSTA, GEORGIA AUGUSTA WASTE TO ENERGY, LLC
By:
By:
Name: Hardie Davis, Jr. Name: C. Dean Alford
Title: Mayor Title: President and CEO
Attest:________________________________
Lena J. Bonner, Clerk of Commission
Commission Meeting Agenda
11/20/2018 2:00 PM
Approve the Environmental Services Department to draft a revision to Section 4-2-6 – Fees for use of
Augusta-Richmond County Solid Waste Landfill.
Department:Environmental Services
Department:Environmental Services
Caption:Motion to approve authorization for the Environmental Services
Department to draft a revision to Section 4-2-6 – Fees for use of
Augusta-Richmond County Solid Waste Landfill and to bring
the draft back to the Engineering Services Committee for
review. (Approved by Engineering Services Committee
November 13, 2018)
Background:The fees to use the Deans Bridge Road landfill are set in
Augusta Ordinance. Section 4-2-6 has not been updated in
approximately 12 years, and the ESD would like to take the
opportunity to review this section of the Code and propose an
updated rate structure for the use of the landfill. The current
rates are market-competitive; however in order to remain in
good financial status, to work to attract additional customers to
the facility, and to reflect current operations; minor updates are
requested at this time.
Analysis:The current rate structure can be viewed in the attachments.
What ESD is proposing at this time is to establish a separate rate
for clean Construction and Demolition debris; establish a rate for
the intake of commercial quantities of recyclables; and to
increase the minimum charge to $6. While these changes are
small, they do allow the landfill to remain competitive.
Currently C&D is charged at the same rate as garbage - $33.50
per ton; however, in reviewing rates charged at other landfill
facilities in the area; the rate charged for C&D is much lower.
Establishing a separate rate for C&D will allow Augusta to
market that rate and attract more customers. The current
customer who has clean construction debris will haul to the
closest facility with the lowest rate. This is not a large waste
stream for Augusta, but ESD wants to draw as many of those
customers to the facility as possible. Secondly, the recycling
markets have changed, and Augusta has received inquiries
Cover Memo
regarding the intake of larger quantities of recyclable materials.
At this time, the majority of what ESD handles is what is
collected by the contracted haulers and those items dropped off
at the recycle drop-off locations. However, there is additional
opportunity for Augusta to handle more recyclables; but ESD
would need to cover the operating cost in order to do so.
Establishing a rate for commercial quantities of recyclables
would, again, allow for additional revenue opportunities for the
landfill operations. Finally, ESD is proposing to add a term to
the Ordinance which would allow the Administrator to approve
negotiated rates for landfill disposal for defined projects. The
ESD does not want to be overlooked when large construction
projects are being undertaken in the area because we have no
flexibility on the disposal rates. These are designed to be short-
term, project-specific rates that would be negotiated and
documented.
Financial Impact:There is no financial impact at this time; and the proposed
adjustments will serve to attract additional customers.
Alternatives:1. Do not allow the work to proceed on the Ordinance
adjustment, and keep landfill operations stagnant. 2. Propose
additional changes to the rate structure in addition to those
mentioned above.
Recommendation:Allow ESD to work with the Law Department to draft an update
to this Section.
Funds are
Available in the
Following
Accounts:
No funds are needed at this time.
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
11/20/2018 2:00 PM
Approve the Inter-Governmental Agreement between Augusta and Burke County, Georgia for
Disposal of Garbage at the Augusta Landfill
Department:Environmental Services
Department:Environmental Services
Caption:Motion to approve the Inter-Governmental Agreement between
Augusta and Burke County, Georgia for Disposal of Garbage at
the Augusta Landfill. (Approved by Engineering Services
Committee November 13, 2018)
Background:Augusta has worked with neighboring communities for the
disposal of their garbage at the Augusta landfill. Augusta is in a
position to offer a competitive rate for the disposal portion and is
now using the IGA to solidify the landfill pricing. This allows
the other community to have a known, competitive price for the
disposal of their garbage; and simply bid for the collection and
transportation, ultimately simplifying their process and
guaranteeing the garbage comes to the Augusta landfill.
Analysis:The proposed IGA with Burke County is for disposal at a rate of
$23.50 per ton until September 2023. This agreement has been
executed by the Burke County Chairman; reviewed by the
Augusta Law Department and approved by the Administrator.
This item is requesting approval from the Commission and
signature by the Mayor. Due to an error on the part of ESD, the
Agreement was routed for signature prior to Commission
approval.
Financial Impact:For the month of October, approximately 1001 tons of garbage
was hauled to the facility; generating approximately $24,000.
Alternatives:1. do not approve the agreement, leaving the disposal of the
garbage at the discretion of the hauling company or Burke
County. 2. request the agreement be re-negotiated.
Recommendation:Approve the execution of the agreement as written.
Cover Memo
Funds are
Available in the
Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
11/20/2018 2:00 PM
Atlanta Gas Light Encroachment Agreement Berckmans Road Realignment and Widening Project
Department:Engineering
Department:Engineering
Caption:Motion to approve Atlanta Gas Light (AGL) Encroachment
request to Place AGL Facility in Augusta, GA Parcel as part of
Berckmans Road Realignment and Widening Project. Also
authorized Augusta Engineering Department to process and sign
all associated documents with consultation of Augusta Legal
Counsel. (Approved by Engineering Services Committee
November 13, 2018)
Background:Berckmans Road Widening & Realignment is one (1) of fifty
(50) City of Augusta, Georgia TIA (aka TSPLOST) projects.
Project will be completed in two phases (Phase 1 and Phase 2).
Project limits are Washington Road to Wheeler Road.
Improvement includes; constructing, three lane roadway, with
curb, gutter, storm conveyance system, sidewalks, underpasses,
lighting and associated landscaping. Project phase 1 construction
is completed and Phase II is under construction with utilities
relocation in progress. Roadway improvements require
relocation of Atlanta Gas Light facilities .
Analysis:The Berckmans Road Widening & Realignment Phase II Project
requires that Atlanta Gas Light relocate its Gas Control Station
facility. In general such facility is relocated within roadway
right-of-way (ROW). However, due to environmental constrains
ROW width is too limited to accommodate placement of AGL
regulator facility and the facility needs to be placed in adjacent
parcel that is owned by Augusta, GA.
Financial Impact:N/A
Alternatives:1). Do not approve and provide alternate location for AGL
Facility relocation Cover Memo
Recommendation:Approve Atlanta Gas Light (AGL) Encroachment request to
Place AGL Facility in Augusta, GA Parcel as part of Berckmans
Road Realignment and Widening Project. Also authorized
Augusta Engineering Department to process and sign all
associated documents with consultation of Augusta Legal
Counsel.
Funds are
Available in the
Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
STATE OF GEORGIA )
COUNTY OF RICHMOND )
ATLANTA GAS LIGHT GAS REGULATOR STATION ENCROACHMENT AGREEMENT
THIS GAS REGULATOR AGREEMENT (this “Agreement”), made this _____ day of
__________, 2018 by and ATLANTA GAS LIGHT (“Grantee”) and AUGUSTA-RICHMOND
COUNTY, GEORGIA, a political subdivision of the State of Georgia (“Grantor”).
WITNESSETH:
WHEREAS, Grantor is the owner of certain real property located in Augusta, Georgia, hereof, is
referenced as Parcel Number 025-2-124-01-0, a portion of which is depicted on Exhibit A
attached hereto and incorporated herein by reference (the “City Property”);
WHEREAS, Grantee is the owner of natural gas facility located near the City Property within
the City right-of-way:
WHEREAS, the Grantee’s has gas regulator facility to be located across 2706 Ingleside parcel
that will encroach on the City Property approximately 1200 sq.ft as depicted on Exhibit A.
WHEREAS, Grantee agrees to take all responsibility for the maintenance of the Gas Regulator
Facility and will not relocate or expand the dimension of the encroached area.
WHEREAS, Grantor has agreed to grant for the benefit of the Grantee Property gas regulator
facility encroachment, together with a construction and maintenance right, over, under and
across the portion of the City Property, as more fully set forth herein.
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) in hand paid, and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Grantor and Grantee agree as follows:
1. Grant of Encroachment. Grantor hereby grants to Grantee, its successors and assigns, for
the benefit of the Grantee’s Property, a non-exclusive, perpetual encroachment through the 1200
sq.ft area shown on the parcel T.M. 025-2-124-01-0 Encroachment Exhibit prepared by Jard D
Black, PLS dated April 30, 2018 and attached hereto as Exhibits A and incorporated herein by
reference (the “Encroachment Area”), for the purpose of constructing & maintain gas regulator
station.
2. Relocation. This herein grant of encroachment is made with the stipulation by Grantor
and Grantee that Grantor may require the relocation of the gas regulator facility or improvements
authorized under this Agreement, if, in sole determination of Grantor, any future drainage,
utilities or other improvements or maintenance activities are needed on or in Encroachment Area
and / or this ROW for a public purpose. In any such event, the gas regulator or improvements
will be relocated at Grantee’s sole expense and Grantor shall have no liability for the relocation
of such gas regulator facility or improvements.
3. Release. The Grantee, his/her/its administrators, executors, successors, heirs and assigns
hereby indemnifies and holds harmless the Grantor and its authorized agents and employees for
any and all damages, accidents, casualties, occurrences or claims which may arise or be asserted
against the City from the construction, presence, existence or maintenance of the gas regulator
facility by the Grantee, except to the extent caused by the willful misconduct of the City or its
authorized agents and employees.
4. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Georgia
5. Binding Effect. The rights and obligations created herein shall run with title to City
Property and shall be binding upon the Grantor, its successors and/or assigns, and shall inure to
the benefit of Grantee, its successors and/or assigns.
6. Amendments. This Agreement, along with the exhibits attached hereto, may not be
amended, waived or discharged, except by instrument in writing, executed by both Grantor and
Grantee, or their respective successors, heirs or assigns, as applicable.
[Signatures Follow on Next Page]
IN WITNESS WHEREOF, Grantor and Grantee have executed and delivered this
Agreement under seal as of the day and year first above written.
GRANTOR:
Signed, sealed and delivered
in the presence of:
Unofficial Witness
Notary Public
My Commission Expires:
AUGUSTA-RICHMOND COUNTY,
GEORGIA, a political subdivision of the State
of Georgia
By:
Name: Hardie Davis, Jr.
Title: Mayor
Attest:
By:
Name:
Title: Clerk of Commission ______
(Notarial Seal)
GRANTEE:
Signed, sealed and delivered
in the presence of:
Unofficial Witness
Notary Public
My Commission Expires:
ATLANTA GAS LIGHT
By:
By:
Name:
Title:
(Notarial Seal)
N/F
AUGUSTA, GEORGIA
N/F
RUFUS COPELAND
N/FJEFFERY C.
DELANEY
N/F
WILBER RITTER
Commission Meeting Agenda
11/20/2018 2:00 PM
Bid Item #18-295: Fort Gordon Cyber CoE Campus Sanitary Sewer Extension
Department:Utilities
Department:Utilities
Caption:Motion to approve bid award of Bid #18-295 to Blair
Construction, Inc. to construct the Fort Gordon Cyber CoE
Campus Sanitary Sewer Extension under the Task Order
Program for Infrastructure RFQ #16-178 in the amount of
$2,403,595.50. (Approved by Engineering Services
Committee November 13, 2018)
Background:Augusta Utilities Department (AUD) is the contracted water,
sanitary sewer, and irrigation utility provider for Fort Gordon.
As the Cyber Center of Excellence, Fort Gordon is undergoing a
post-wide transformation with new construction and renovation
programs. One impact of Fort Gordon’s growth is the increase
in wastewater flow in the AUD managed sanitary sewer
collection system. This project will construct 12,000 feet of 8” to
24” sanitary sewer to serve the new Cyber CoE Campus
facilities with a new sanitary sewer trunk main from 8 th Avenue
down off post to AUD’s system at Butler Creek. This trunk
main will also accept flow from the planned Cross Basin Lift
Station to re-route Fort Gordon wastewater flow from the Spirit
Creek Basin to the Butler Creek Basin. Project construction
needs to proceed to meet AUD contract schedule commitments
with Fort Gordon. The project cost will be paid by Fort Gordon.
Analysis:Blair Construction, Inc. submitted an acceptable bid package and
was the lowest responsive bidder. The Utilities Department
reviewed the bid and found it to be fair and reasonable. We
recommend awarding this contract to Blair Construction, Inc.to
construct the Fort Gordon Cyber CoE Campus Sanitary Sewer
Extension.
Financial Impact:Funding is available in the amount of $2,403,595.50 under
account number 507043420-5425210 / 88880160-5425210.
Cover Memo
Alternatives:No alternatives are recommended.
Recommendation:We recommend award of the contract to Blair Construction, Inc.
in the amount of $2,403,595.50 to construct the Fort Gordon
Cyber CoE Campus Sanitary Sewer Extension.
Funds are
Available in the
Following
Accounts:
$2,403,595.50 from account 507043420-5425210 / 88880160-
5425210.
REVIEWED AND APPROVED BY:
Cover Memo
Invitation to Bid
Sealed bids will be received at this office until Tuesday, September 18, 2018 @ 11:00 a.m. for furnishing:
Bid Item #18-295 Fort Gordon Cyber CoE Campus Sanitary Sewer Extension Project #FG-2017-11- Task Order – for
Augusta, GA - Utilities Department
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 examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605,
Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers
exclusively from Augusta Blue Print. The fees for the plans and specifications which are non-refundable is $100.00.
It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner
is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blue Print (706 722-6488)
beginning Wednesday, August 22, 2018. Bidders are cautioned that submitting a package without Procurement of a complete set
are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material
to the successful completion of the project.
A Mandatory Pre Proposal Conference will be held on Wednesday, August 29, 2018 @ 3:00 p.m. in the Procurement Department,
535 Telfair Street, Room 605.
All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the
office of the Procurement Department by Friday, August 31, 2018 @ 5:00 P.M. No bid will be accepted by fax, all must be
received by mail or hand delivered.
No proposal may be withdrawn for a period of sixty (60) days after RFPs have been opened, pending the execution of contract with
the successful vendor. A 10% Bid Bond is required. 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
Mailed to Pre-Qualified Task Order Vendors August 22, 2018
Revised: 2/19/2016
OFFICIAL
VENDORS Attachment
"B"E-Verify SAVE Form Addendum 1 Bid Price
Compliance
Goal - 5%
Blair Construction Co.
P. O. Box 770
Evans, GA 30809
Yes 224004 Yes Yes $2,403,595.50 Yes
Beam’s Contracting
15030 Atomic Road
Beach Island, SC 29842
Yes 167300 Yes Yes $2,550,097.50 Yes
Total Number Specifications Mailed Out: 2
Total Number Specifications Download (Demandstar): NA
Total Electronic Notifications (Demandstar): NA
Mandatory Pre-Bid Attendees: 2
Total packages submitted: 2
Total Noncompliant: 0
Bid Opening Bid Item #18-295
Fort Gordon CoE Campus Sanitary Sewer
Extension Project #FG-2017-11 Task Order Program
For Augusta, Georgia-Utilities Department
Bid Date: Wednesday, September 26, 2018 @ 11:00 a.m.
Page 1 of 1
Blair Construction Co. Inc.
P. O. Box 770
Evans, GA 30809
Beam’s Contracting
15030 Atomic Road
Beach Island, SC 29842
Tom Wiedmeier
Utilities Department
Stanley Aye
Utilities Department
Kelley Irving
Compliance
Steve Behrend
Utilities Department
Bid Item# 18-295
Fort Gordon Cyber CoE Campus
Sanitary Sewer Extension Project #FG-
2017-11-Task Order 16-178
for Augusta Utilities Department
Mailed Out Wed. 8/22/2018
Bid Item# 18-295
Fort Gordon Cyber CoE Campus
Sanitary Sewer Extension Project #FG-
2017-11-Task Order
for Augusta Utilities Department
Bid Due: TUE. 09/11/18 @ 11:00 A.M.
Commission Meeting Agenda
11/20/2018 2:00 PM
Utilities Department Water Loss Program and Audit Review and Analysis
Department:Utilities
Department:Utilities
Caption:Motion to approve contracting with Cavanaugh & Associates,
P.A. to provide Professional Services consulting engineering
services for the Utilities Department’s Water Loss Program and
Audit. (Approved by Engineering Services Committee
November 13, 2018)
Background:PROFESSIONAL SERVICES: The Georgia Water
Conservation Act requires that public water systems conduct
water loss audits and implement water efficiency and loss
detection programs beginning in 2012. Accordingly, Augusta
Utilities conducts a Water Loss Program and submits an annual
Water Audit to the Georgia Environmental Protection Division
(EPD). Cavanaugh & Associates, P.A. is a respected state and
national subject matter expert with extensive experience in
developing programs to address non-revenue water for water
utilities. Cavanuagh is a member of the Georgia Water Loss
Control Committee, which produced EPD’s Georgia Water
System Audits and Water Loss Control Manual. Cavanaugh
also contributed to AWWA Manual M36 Water Audits and Lost
Control Programs as a Technical Review Board Member and a
Contributor to the 4th Edition.
Analysis:Augusta Utilities proposes to utilize Cavanaugh’s expertise and
experience to perform third party testing, review and analysis to
improve our audit reporting and program processes.
Financial Impact:$67,500.00 funding is available from the following accounts:
506043110-5212999.
Alternatives:No alternatives are recommended.
Recommendation:
Cover Memo
Recommend approval to contract with Cavanaugh & Associates,
P.A. to provide consulting engineering services for the Utilities
Department’s Water Loss Program and Audit for a fee of
$67,500.00.
Funds are
Available in the
Following
Accounts:
Funds are available in the following accounts: 506043110-
5212999.
REVIEWED AND APPROVED BY:
Cover Memo
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Cavanaugh & Associates, P.A. appreciates the opportunity to provide Expert Non-Revenue Water Services
for the project as referenced below:
Re: Augusta Utilities Non-Revenue Water – 2018/19 Program Review & Analysis
THIS AGREEMENT, made and entered into this day of , 2018, by and between Cavanaugh &
Associates, P.A., their successors or assigns, (hereinafter called “ENGINEER,” and Augusta Utilities (AU),
their successors or assigns, (hereinafter called “CLIENT”). Neither ENGINEER nor CLIENT shall assign this
agreement without the prior written consent of the other.
Scope of Services:
Part 1: Supply Meter Accuracy Testing & Supply Data Analysis
The last round of independent testing conducted was in 2015. Five of the 10 finished-water meters
were included in that testing, representing approximately 60% of total system input. Of the five
meters tested, two test locations did not produce reliable results, and it was recommended to
investigate new test locations.
Testing for this round is proposed to include the same five meters with their existing test locations.
If any of the test locations again yield unreliable results, Cavanaugh will provide specific
recommendation for alternative test location and/or test methods. Test methods to be utilized will
include a combination of insertion probe and volumetric displacement. AUD’s existing ultrasonic
meter may be deployed in tandem, if desired, and we will include that data in parallel with our
analysis for reference.
Query & compilation of raw SCADA production data to be performed for all 10 finished-water
meters. Analysis to be performed for data gaps and anomalies as integrity check for production data
recording & archival processes.
Part 2: Billing Data Analytics for Level 2 Validation of Billed & Unbilled Consumption
Export of raw billing data at account level, to validate integrity of both 1) the database itself, and 2)
the query process that is utilized to provide the monthly and annual consumption volumes.
Analytics will include eight (8) integrity checks, as follows:
1. Count of Accounts per Bill Cycle – A review of the total number of records for each
month/bill cycle to be conducted. This review provides insight into the completeness of the
export as well as identifies any potential issues related to missed billing of existing
customers.
2. Verification of Exclusion of Non-Potable Volumes – A utility’s billing software is often used
to store and bill volumes other than the potable volumes used in the water audit. These
volumes are often designated through a rate schedule, customer classification or other
identifier. In this review, any unique identifiers presented in the raw data are used to
confirm that only potable volumes were used in the water audit.
3. Duplicate Records – Prior to review of the exported account level data, a check for duplicate
records is performed. Often, the export will contain duplicate records where volumes are
duplicated in multiple rows of data.
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4. Negative Consumption – Negative consumption within the database can be indicative of a
data archival issue. Many billing softwares maintain a separate database that stores the
original, uncorrected readings and usage from the adjusted database where adjustments
and corrections are archived. Other negative consumptions are legitimate as a utility may
use to correct an incorrect reading or overestimate in a previous period.
5. Monthly Consumption Outliers (High/Low) – A review of each account’s monthly
consumption pattern to be conducted and outliers to be flagged. Many outliers may be
legitimate, but should be examined by the utility. Higher consumption is to be expected in
the summer months and thus the filters used to determine high volume outliers are less
restrictive during those time periods.
6. Active Accounts with Zero Consumption for the Audit Period – An account in the database
that is active, but has zero consumption for the entire audit period could be indicative of a
meter issue or an account that is not active.
7. Consecutive Months of Zero Consumption – Like active accounts with zero consumption,
this review identifies accounts with multiple, consecutive months with zero consumption
which could be indicative of a meter or data handling issue on the account.
8. Verification of the Summary Volume – Most utilities utilize a summary report to record and
track volumes monthly. For this review, the account level raw data is summed to compare
to the summary report volumes to assure the summary report is sufficient for monthly
tracking. Additionally, a lag time analysis will be conducted to correct for inherent lag
between timestamp of supply and customer meter readings.
Integrity analysis to be summarized with flags, conclusions and recommendations in a Technical
Memo.
Part 3: Independent Practices Review
Meet with key personnel in pertinent departmental areas to evaluate current processes related to
operational and data collection practices. Interviews to include:
Supply & Distribution
Customer Meter Reading
Customer Meter Testing & Maintenance
Billing & Customer Service
Financial/Management
Engineering/IT/GIS
The purpose of the meetings and interviews will be to assess the integrity of data collection relative
to the water audit, and water loss control activities relative to best-practices in the AWWA M36
Methodology.
Interviews and information gathered will be compiled into a practices summary.
Short- and medium- term program recommendations for data improvement, water loss reduction
and revenue recovery activities will be developed.
Practices summary and program recommendations will be provided in a Technical Memo.
The above scope does not include:
Any other service not specifically described in the above scope of services.
Page 3 of 4
CLIENT’S Responsibilities:
1. Single Representative: The CLIENT shall designate a single representative with respect to the
services to be rendered under this Agreement who shall act on behalf of the CLIENT and issue
instructions to the ENGINEER.
2. Criteria and Information: The CLIENT shall provide all criteria and full information as to its
requirements for the Project, including objectives, constraints, projected demands and service
areas, and performance requirements.
3. Access: The CLIENT shall arrange access for the ENGINEER to all public and private properties
where such access is required for the performance of services under this Agreement.
4. Reviews: The CLIENT shall examine all work products presented by the ENGINEER and shall
render decisions pertaining thereto within a reasonable time as not to delay the services of the
ENGINEER.
5. Regulatory Fees: The CLIENT shall furnish all required fees for regulatory approval of the project.
Hidden Conditions
A condition is hidden if concealed by existing finishes or is not capable of investigation by reasonable
visual observation. If the ENGINEER has reason to believe that such a condition may exist, the CLIENT
shall authorize and pay all cost associated with the investigation of such a condition and, if necessary, all
costs necessary to correct said condition. If (1) the CLIENT fails to authorize such investigation or
correction after due notification, or (2) the ENGINEER has no reason to believe that such a condition
exists, the CLIENT is responsible for all risks associated with this condition, and the ENGINEER shall not be
responsible for the existing condition nor any resulting damages to persons or property.
Fee Arrangement
The fee for the Engineering Services described in the above scope will be compensated as follows:
Part 1 – Supply Meter Accuracy Testing & Supply Data Analysis …………………………………………………$17,500.00
Part 2 – Billing Data Analytics for Level 2 Validation of Billed & Unbilled Consumption ………………$30,000.00
Part 3 – Independent Practice Review……………………………………………………… ………………………………..$20,000.00
Total ……………………………$67,500.00
Additional Services
Cavanaugh & Associates, P.A. can provide services that are required in addition to those being provided
and outlined in this proposal at hourly rates. If additional services are required, the rates for those
additional services will be negotiated or we can provide an additional proposal in lieu of using hourly
rates.
Billing/Payment
All invoices are due upon receipt. Interest will be due at 1 1/2% per month on outstanding invoices in
excess of 30 days. If payment is not made by the stated date on the invoice, Cavanaugh & Associates, P.
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A.may exercise the right to terminate the performance of services without further obligation to the
Client. Payment will still be due for services completed to the time this option is exercised. In the event
that any portion or all of an account remains unpaid for 90 days after billing, the Client shall pay the cost
of collection, including attorney’s fees.
Professional Liability
ENGINEER maintains professional liability coverage for damages as a result of our negligent acts, errors, or
omissions. Our liability for this project will be limited to $67,500.00. Upon request, a certificate of
insurance can be provided as proof of coverage.
Termination of Services
Either party may terminate this agreement upon 10 days written notice should the other fail to perform
his/her obligations. In the event of termination, the Client shall pay the ENGINEER for all services,
rendered to the date of termination.
Period of Service
If the ENGINEER is delayed by circumstances outside of his control, then the ENGINEER shall promptly
notify the CLIENT in writing citing such delay. If the delay will cause a monetary impact to the ENGINEER,
then the ENGINEER shall notify the CLIENT in writing of such projected costs.
Acceptance
This Agreement represents the entire and integrated Agreement between CLIENT and ENGINEER. It
supersedes all prior and contemporaneous communications, representations, and agreements, whether
oral or written, relating to the subject matter of this Agreement. Any alteration made to this Agreement
by either party will render the Agreement null and void. If this Agreement meets with your approval,
please sign and return both copies to our office to serve as our contractual agreement and authorization
to proceed. We will execute and return one copy to you. We look forward to working with you on this
project.
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized
officers in duplicate originals, the day and year first above written.
Cavanaugh & Associates, P.A. Augusta Utilities
Will Jernigan, PE Date Date
Vice President, Director of Water Efficiency
Witnessed By: Date Witnessed By: Date
9/14/18
9/14/18
Commission Meeting Agenda
11/20/2018 2:00 PM
Minutes
Department:
Department:
Caption:Motion to approve the minutes of the regular meeting of the
Augusta Commission held November 6, 2018 and Special
Called Meeting held November 13, 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 - 111612018
ATTENDAI\CE:
Present: Hons. Hardie Davis, Jr., Mayor; Guilfoyle, Sias, Frantom, M. Williams, Davis,
Fennoy, D. Williams Hasan and Clarke, members of Augusta Richmond County
Commission.
IYVOCATION: Reverend Frederick L. Patterson, Pastor True Vine Baptist Church.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE T]NITED STATES OF AMERICA.
RECOGNITION(S)
Congratulations!
A. 2018 October Years of Service recipients.Item
Action:
None
Made Seconded MotionBy By Result
Recognition of 2018 October
fears of Service recipients.
ELECTION OF OFFICER(S)
B. Motion to approve the appointment of Super District 10 Commissioner- ItemElect John Clarke to fill the unexpired term of former Commissioner Action:
H. Grady Smith, III and be sworn in immediately. (Commissioner Ben Approved
Hasan)
E ItemApprovalsheet.html
Motions
Motion Motion Textrype
lB ItemAnnrovalsheet.html
Motions
Motion Motion Text Made By Seconded By HTil'rype
Motion to approve.
Voting No:
Approve commissioner commissioner commissioner n
William Fennoy. Ben Hasan Sammie Sias Passes
Motion Passes 8-1.
Five (5) minute time limit oer deleeation
DELEGATIONS
C. Ms. Vera Brady regarding neighbor's unattended animal. Item
Action:
None
E I\{s. Vera Brady Animat Services ll.6.l8.pdf
E ltemApprovalsheet.html
Motions
Motion r r Made Seconded MotionType Motion Text By By Result
Ms. Brady did not appear before
the Commission.
CONSENT AGENDA
(Items l-21)
PI]BLIC SERVICES
1. Motion to approve the Renewal and Amendment of Augusta Public Transit Item
Management and Operation agreement dated August l,2Ol3 by and between Action:
Augusta, Georgia and McDonald Transit Associate Inc. for the first renewal Approved
term of August l, 2018 to July 31, 2020. (Approved by public services
Committee October 30, 2018)
lB ItemApprovalsheet.html
Motions
Hj:"' Motion Text Made By seconded By Motion
r ype -.---- -., Result
Approve passes
Motion Passes 9-0.
2. Motion to approve New Location: A.N. 18-37: request by Lonnie Hooks for Item
a retail package Liquor, Beer & Wine License to be used in connection with Action:
L & D Wine & Spirits located at 163l Gordon Highway Ste. #6. District 2. Approved
Super District 9. (Approved by Public Services Committee October 30,
2018)
Motion to
approve.
E a.N. t8-37.oar
B ItemAoorovalsheet.html
Motions
Motion;""-" Motion Textrype
Motion to
Approve approve.
Motion Passes 9-0.
E .q,.N. r8-l8.oor
E ltemAporovalsheet.html
Motions
Motion Motion Textrype
Motion to
Approve approve.
Motion Passes 9-0.
seconded By Motion
Result
Commisioner Commissioner
Sean Frantom Mary Davis Passes
Commisioner Commissioner
Sean Frantom Mary Davis
Made By
Made By Seconded By
Commisioner Commissioner
Sean Frantom Mary Davis
3. Motion to approve New Location: A.N. 18-38: request by Kimberly ltem
Oberkirsch for an on premise consumption Liquor, Beer & Wine License to Action:
be used in connection with Pinot's Palette located at 630 Crane Creek Dr. Approved
District 7. Super District l0 (Approved by Public Services Committee
October 30,2018) .
Motion
Result
Passes
#18-179.4. Motion to approve the Change order #1 with Chaplin & Sons Bid
(Approved by Public Services Committee October 30, 20lS)
Item
Action:
Approved
lB Change_Order #l Chaplin Sons Bid#I&l79.pdf
lB ItemApprovalsheet.html
Motions
Motion- - --- Motion Textrype
Motion to
Approve approve.
Motion Passes 9-0.
seconded By Motion
Result
Commisioner Commissioner
Sean Frantom Mary Davis Passes
5. Motion to approve the development of a cost package for the purchase of Item
a used pontoon boat for river activities to include checking with the Action:
Procurement Department to determine the proper procurement process for the Approved
purchase and checking with the Department of Natural Resources to determineif the boat needs a captain. (Approved by Public Services Committee
October 30,2018)
Made By
Made By
6. Motion to approve tasking the Central Services and Recreation Departments Item
with making some initial improvements at the Lake Olmstead Stadium in the Action:
$30,000 range in order to begin holding events in20l9. (Approved by Public Approved
services committee October 30, 2013)
lE Comm. S. Frantom Leke Olmsferd Strdirrfr n.lf
E ltemApprovalsheet.html
Motions
Motion Motion Textlype
Motion to
Approve approve.
Motion Passes 9-0.
seconded By Motion
Result
Commisioner Commissioner
Sean Frantom Mary Davis Passes
Made By Seconded By f"'.tji,"
Commisioner Commissioner Passes
Sean Frantom Ben Hasan
lB Lo stadium trpdates committee l0-30-Ig.pptx
lB ItemAoprovalshect.html
Motions
Motion Motion Textrype
Approve Motion to approve the
initial recommendations
7.
in the $30,000 range.
Motion Passes 9-0.
Motion to approve the name change
to RATP Dev USA, Inc. (Approved
30,2019)
from McDonald Transit Associates, Inc. Item
by Public Services Committee October Action:
Approved
E ItemAoorovalsheet.html
Motions
Motion
i;" - Motion Text
Motion to
Approve approve.
Motion Passes 9-0.
E ltemApprovalsheet.html
Motions
Motion Motion Textrype
Motion to
Approve approve.
Motion Passes 9-0.
Made By Seconded By
Made By
Commisioner Commissioner
Sean Frantom Mary Davis Passes
seconded By Motion
Result
Motion
Result
8. Motion to approve the recommendations outlined by the Entertainment Zone Item
Committee regarding the defined entertainment zone area, an amendment to Action:
the noise ordinance, encroachment on the sidewalks and the use of food Approved
trucks. (Approved by Public Services Committee October 30,201s)
E Entertainment District Committee Commissioner Frantom Pronosals 2018lOl9.doc
B Comm. Frentom Entertainment Zone-ndf
Commisioner Commissioner
Sean Frantom Mary Davis Passes
9. Motion to approve the Resolution to allow the Mayor to execute all Grants Item
offered to the Augusta Aviation Commission having expedited deadlines for Action:
the remainder of 2018 and the year 2019. (Approved by Public Services Approved
Committee October 30, 2018)
E Resolution N{avor to Siqn Grants.odf
lB ItemAnnrovalsheet.html
Motions
X:jl"Il Motion Text Made By seconded B MotionType rv^rlrur r cxl rvrase rry Deconoeo lly Result
Motion to approve.
^ Mr. M. Williams Commissioner CommisioneApprove l#r,uirr. Sammie Sias Sean prur,torl Passes
Motion Passes 8-0 -1.
ADMINISTRATIVE SERVICES
10. Motion to approve request from Recreation & Parks for the purchase of one Item
new Backhoe Loader. (Approved by Administrative Services Committee Action:
October 30, 2018) Approved
@ t8-z:l,L ttn - soNt ro pl,pnR.aocx
B 1E-2J4A OFFICIAL TAB SHEET.XIS
B 18-234A Planholders List.pdf
E 18-234A Dept Recommendation of Award.pdf
B ItemApprovalsheet.html
Motions
*j1"' Motion Text Made By seconded By MotionIYPe -''-"- -r Result
Motion to
Approve approve. Commisioner Commissioner
Motion passes 9_0. S.u, Frantom Mary Davis Passes
11. Motion to approve Utilities Department-Fort Gordon Division request the ltem
purchase of one new mini tracked loader, Ditch Witch of GA - Bid Item 18- Action:
251 (Approved by Administrative Services Committee October 30, Approved
2018)
E 18-251 and lE-2s4_Advertisement to paper.pdf
E t8-2st orrtcl.q,L tle sHBBT.oar
lB l8-251-Deoartment-Recommendation of Award Tracked Minlloader Recommendation Sisned.odf
IB Nlail List and Demandstar Planholders.pdf
lE ItemApprovalSheet.html
Motions
12. Motion to amend the current Healthstat contract effective December 3, Item2018to include replacingthe need for an Occupational Medical Doctor Action:position with a Nurse Practitioner position. (Approved by Rescheduled
Administrative Services Committee October 30, 20lS)
lB Amendment I Augusta Richmond Staff Change bad slcpdf
E ltemApprovalsheet.html
MotionSeconded Bv :-------- -r Result
Motion to refer this
Defer item to the called commissioner commissioner
meeting next week. Sammie sias
I Dennis Passes
Motion passes 9-0. williams
13. Motion to approve the FY20l9 Annual Action Plan for the following ltem
programs funded by the U.S. Department of Housing and Urban Action:
Development (HUD): Community Development Block Grant (CDBG) Approved
Program, Home Investment Partnerships (HOME) program, Emergency
Solutions Grant (ESG) Program, Housing Opportunities for Persons with
AIDS (HoPwA) Program and continuum of care (coc) program.
(Approved by Administrative Services Committee October 30, 201S)
lB F12019 AAP Budser Drafr.pdf
E HCD Annual Action Plan_Narratives - Fy20l9.pdf
lB ltemAonrovalsheet.html
Motion Motion Text
Type
Motion to
Approve approve.
Motion Passes 9-0.
Commisioner Commissioner
Sean Frantom Mary Davis Passes
Made By Seconded By
Made By
Motions
f#:" Motion rext
Made By
Commisioner
Sean Frantom
Seconded By
Motion
Result
Motion
Result
Motions
Motion Motion Textrype
Motion to
Approve approve.
Motion Passes 9-0.
Commissioner
Mary Davis Passes
14. Motion to approve infuse additional funds to assist Project Sponsors with ltem
day-to-day operations. Repurposing Housing Opportunities for Persons Action:
with AIDS (HOPWA) funds to support Project Sponsors with operations Rescheduled
of currently implemented program services will reduce lapse in servicesfor clients during restructure to outlaying counties. (Approved by
Administrative Services Committee October 30, 201S)
lE ItemApprovalsheet.html
Motions
X:t1" Motion Text Made By seconded By MotionrYPe ' ---- -" Result
Motion to delete this
item from the agenda
at this time and bring it
back before
Delete :^"x::,:::*.". s;#Tffffi;,:;H;iJ" Pu,,..
JU-Oay Comment
period has been
completed.
Motion Passes 9-0.
PUBLIC SAFETY
15. Motion to award RFP 18-237 (9l l Ergonomic Workstation Program) and to Item
authorize purchase. (Approved by Public Safety Committee October 30, Action:2018) Approved
le 18-2J7 Invitation to Bid.doc
lB l8-2J7 official RFp rab.xts
E Cumulative Eval lE-2J7.pdf
E 18-237 Deoartment Recommendatiion of Award.odf
lB Process-RepardinLRFPs.pdf
IB l8-2J7 Planhotders Lisr.pdf
E l8-2J7_Nrpp.pdf
E ltemAoorovalsheet.html
Motions
f#:" Motion Text Made By seconded By f""rtji,"
Approve Motion to Commisioner Commissioner passes
approve. Sean Frantom Mary Davis
Motion Passes 9-0.
16. Motion to approve the application and acceptance of annual grant funds in Item
the amount of $50,000.00 from the Emergency Management Perforrnance Action:
Grant (EMPG) and authorize the Mayor to execute the necessary documents. Approved
(Approved by Public Safety Committee October 30, 2013)
lB 20lE EMPG Base Award Apptcation.pdf
lB ItemAoorovalsheet.html
Motions
Motion , Motioni;. - Motion Text Made By Seconded By Result
Motion to Commisioner CommissionerApprove approve. ;^:--;_^___^ *-,^---;^_;^---- Passes
Motion passes 9-0. s"u'Frantom Mary Davis
17. Motion to accept an award in the amount of $31,696.00 from Edward Bryne Item
Memorial Justice Assistance Grant (JAG) Program for the Richmond County Action:
Sheriffs Office. (Approved by Public Safety Committee October 30, Approved
2018)
lE JAG orosram 20l8.odf
tH AWARD REPORT-FY_I8 Edward Bvrd Memorial JusticeJil6g6.pdf
E pnooorSr.oor
E pRoootgr.por
B AWARD REPORT-FY l8 Edward Bvrd N{emoriat Justice $Jt.696.pdf
lB ItemAnprovalsheet.html
Motions
Motion tr Lr'_ ,-rt-_1 rr_ r n d Motion----"" Motion Text Made By Seconded By'I'ype ----- -'1 Result
Motion to ^a --,, uommisioner Commrssloner
Motion passes 9-0. S.u, Frantom Mary Davis
18.
Motion to approve contract with Tyler Technologies to implement Eagle
Recorder for the clerk of Superior, state & Juvenile court. (Apprro.d bvPublic Safety Committee October 30,201g)
[B Auqusta-Richmond Counf.v GA LSA-Easle_ContracL00.E.lg).docx
E Tvler Eaple Sole Source.odf
B ltemApDrovalsheet.html
Item
Action:
Approved
Motions
f#:" Motion rext Motion
Result
Motion to
Approve approve.Commisioner Commissioner
Nfi;;;asses 9_0. S.u, Frantom Mary Davis Passes
19. Motion to approve the purchase of a Natural Gas Generator at a cost of Item
$30,805.00 for Fire Station 9 from Elite Energy Systems. Bid Item 18-241 Action:
(Approved by Public Safety Committee october 30, 201s) . Approved
lB Letter of Recommendation of bid item.ndf
lB tg-zlt_rtn -_srNt to_papBR.oaf
E t8-241 rab officiat.odf
E N{andatorv Pre_Bid Siqn-ln Sheet.odf
E Mail List and Demandstar Planholders List.odf
lE Georsia Procurement_Reqistn, Vendor Summar.v.odf
E ltemAnnrovalsheet,html
Motions
Motion Motion Textrype
Motion to
Approve approve.
Motion Passes 9-0.
Made By Seconded By
Made By Seconded By Motion
Result
Commissioner Commissioner
Mary Davis Sammie Sias Passes
20. Motion to approve a partnership between the Augusta Judicial Circuit Adult ItemFelony Mental Health & Veterans Court Programs and Family Counseling Action:
Center of the CSRA. This partnership will provide the court programs u.."r. Approved
to qualified licensed professional consultants that will provide state court
certification required services to the participants of the Adult Felony Mental
Health and Veteran's Court Treatment Court Programs. (Approved by
Public Safety Committee October 30, 2018)
E IIH VTC Treatment Services Contract.pdf
IB ItemAoprovalsheet.html
Motions
Motion Morion Text Made By seconded By fffi,"rype
Motion to commisioner commissionerApprove approve. Y:'mT*ronff ::*Tttloner passes
Motion passes 9-0. stu'Frantom Mary Davis
PETITIONS AI\D COMMUNICATIONS
21. Motion to approve the minutes of the regular meeting of the Augusta ltem
Commission held October 16,2018 and Special Called Meeting held October Action:30,2018. Approved
E Reqular-Commission l\Ieetins October 16 20l8.pdf
E Called Commission Nleetins October 30 20l8.ndf
lB ItemAoorovalsheet.html
Motions
*j1'" Motion Text Made By seconded By MotionI'ype - ------ -" *-------- -" Result
Motion to^ Commisioner CommissionerApprove approve. .,^^.^ D-^-+^_^ f, r^__. r\-_-:_ passes
Motion passes 9-0. Stu'Frantom Mary Davis
,(,.,S,(END CONSENT AGENDA*** *
AUGUSTA COMMISSION
tu6t20t8
AUGUSTA COMMISSION
REGULARAGENDA
lll6t2018
(Items 22-31)
PLAI\NING
22. Z-18-48 - A request for concurrence with the Augusta Georgia Planning Item
Commission to approve with the conditions stated below, a petition by Action:
Michael Thurman requesting a change of zoning from Zone R-l (One-family None
Residential) to Zone P-l (Professional) affecting property containing 0.19
acres and known as 1230 R. A. Dent Blvd. Tax Map 046-3-183-00-0
DISTRICT 1 The site shall not be available for parking until such time as all
requirements have been met. Furthermore, the lot be fenced to prevent
parking on the site, until such time as all site improvements can be
executed;The applicant must start development of the parking lot within six
(6) months or the property reverts to its previous zoning designation of
residential use; residential use prevents the use of the property as a parking
lot;The applicant must provide a detailed engineered Site Plan that meets all
development regulations in place at the time of the submission of the site plan;
The site, including all properties zoned in 2017, must be enclosed on all sides
with a 6 ft. solid fence or wall. This includes the property lines adjacent to the
railroad.Security lighting must be provided to adequately illuminate the
parking area but must be directed away from the existing residential
properties.A business license for the operation of a paid parking lot shall be
acquired, prior to any parking on the site taking place. (Requested by
Commissioner Wayne Guilfoyle)
E z-18-48.pdf
tB ItemApprovalsheet.html
Motions
Motion Motion Textlype
Motion to approve
withdrawing this item at
this time, allow the
meeting to take place
Approve between the residents and
the petitioner and come
back to the Commission
with a recommendation in
December.
Made By
Commissioner
Wayne
Guilfoyle
Motion
Result
Commisioner
Sean Frantom
It was the consensus of the Commission that this item come back to them
after the meeting is held.
PUBLIC SAFETY
23. Receive report from the Solicitor General regarding the October 20, Z0lB Item
Records Restriction Summit. (Requested by Commissioner Dennis Action:Williams) None
lE ItemAoprovalsheet.html
Motions
Motion ilr^4:^_ ,T,-__1 Made Seconded MotionType Motion Text By By Result
Presentations were made to those
people who facilitated the Summit.
ENGINEERING SERVICES
24. Ms. Francine McCoy regarding the paving of Bussey Road. Item
Action:
Rescheduled
lE ItemApprovalsheet.html
Motions
Motion t4-1,_,m Motion;----- Motion Text Seconded BylYPe Result
Motion to refer this
Defer item back to Commisioner Commissionercommittee. Sean Frantom Mary Davis Passes
Motion Passes 9-0.
25. Motion to authorize condemnation to acquire title of a portion of property for Item
permanent easement and temporary construction easement (Parcel 153-0- Action:
018-00-0) 4230 Windsor Spring Road. Approved
B Asendlltem - Gloria_Anderson.ndf
lB Condemnation Recommendation- Gloria J. Anderson.pdf
lB ItemApprovalSheet.html
Motions
Motion -'Tr^--a f,r-r n ^ Motion;- --- Motion Text Made By Seconded By .rYPe --J Result
Approve passes
Motion to
approve.
Commisioner Commissioner
Sean Frantom Mary Davis
26.
Motion Passes 9-0.
Motion to authorize condemnation to acquire title of a portion of property forpermanent easement and temporary easement (Parcel 166-0-023-00-0) 4252
Windsor Spring Road.
tE Revised Asenda Item - Patricia Scott.odf
E Condemnation Recommendation patricia Scott.pdf
lE ltemAnnrovalsheet.html
Item
Action:
Approved
Motions
Motion Motion Textrype
Motion to
Approve approve.
Motion Passes 9-0.
Commisioner Commissioner
Sean Frantom Mary Davis Passes
Made By Seconded By
Made By Seconded By
Motion
Result
27. Approve and adopt the ordinance to establish the Keep Augusta Beautiful Item
Commission; Article 7, Sections 1-4-95 to 1-4-102 of the Augusta Code; Action:
and waive the second reading. Rescheduled
lB KAB draft ordinance_final-.odf
lB ItemAoorovalsheet.html
Motions
Motion Motion Textrype
Motion to refer this
Defer item back to
commrttee.
Commisioner Commissioner
Sean Frantom Mary Davis Passes
Motion
Result
Motion Passes 9-0.
28. Approve authorization for the Environmental Services Department to draft Item
a revision to Section 4-2'6 - Fees for use of Augusta-Richmond County Action:Solid Waste Landfill and to bring the draft back to the Engineering Rescheduled
Services Committee for review.
IE Augustal-andfi llFeestructure.pdf
lE Section 4-2{.docx
lB ItemApprovalsheet.html
Motions
Motion Motion;----.. Motion Text Made By Seconded ByType ^'---- -J Result
Motion to refer this
Defer item back to Commisioner Commissioner
committee. Sean Frantom Mary Davis Passes
Motion Passes 9-0.
29. Consider award of Bid #18-295 to Blair Construction, Inc. to construct the Item
Fort Gordon Cyber CoE Campus Sanitary Sewer Extension under the Action:
Task Order Program for Infrastructure RFQ #16-178 in the amount of Rescheduled
$2,403,595.50.
lE Bid#1E-295 Fort Gordon Cyber CoE Campus San Sewer Ext - proiect Map.pdf
E Invitation to Bid.doc
E 18-295 official rab.xlsx
E tg-zgs Mpe.par
lH 19-295 Ptanholders.docx
E 18-295 Department Recommendation of Award.pdf
[E ItemApprovalsheet.html
Motions
Motion r - Motion;----- Motion Text Made By Seconded By Resultrype
Motion to refer this
Defer item back to Commisioner Commissionercommittee. Sean Frantom Mary Davis Passes
Motion Passes 9-0.
30. Motion to approve contracting with Cavanaugh & Associates, P.A. to Item
provide Professional Services consulting engineering services for the Action:
Utilities Department's Water Loss Program and Audit. Rescheduled
E \l'ater Loss-Program and_Audit - Prooosal.pdf
lB ItemAoorovalsheet.html
Motion to refer this
Defer item back to Commisioner Commissionercommittee. Sean Frantom MaryDavis Passes
Motion Passes 9-0.
ADDENDUM
31. Motion to approve an Intergovernmental Agreement with Georgia Item
Department of Corrections for the Superior Court of Richmond County to be Action:
able to participate in a no-cost pilot program through which offenders in the Approved
custody of the Department may appear virtually for court appearances.
E Int"*on..n-.nt"l An.".-.nt - G"o.ni" D"p"rt-".t of Co"r""tior..rdf
B ltemAoprovalsheet,html
Motions
f#:" Motion rext
Motions
f#:"' Motion rext
Made By Seconded By Motion
Result
Made Seconded MotionBy By Result
Unanimous consent is given to
add this item to the agenda.
Motions
Motion Motion Textrype
Motion to
Approve approve.
Motion Passes 9-0.
Made By Seconded By
Commisioner Commissioner
Sean Frantom Mary Davis
Motion
Result
Passes
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
32. Motion to authoize execution by the Mayor of the affidavit
compliance with Georgia's Open Meeting Act.
of Item
Action:
None
Upcoming Meetings
www.augustaga.gov
CALLED MEETING COMMISSION CHAMBER
November 13,2018
Augusta fuchmond County Commission convened at 11:00 a.m., Tuesday, November 13,
2018, the Honorable Mary Davis, Mayor Pro Tem, presiding.
PRESENT: Hons. Guilfoyle, Sias, Frantom, M. Williams, Fennoy, D. Williams, Hasan
and Clarke, mernbers of Augusta Richmond County Commission.
Ms. Davis called the meeting to order.
2. 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, real estate and personnel.
Mr. Hasan: I so move.
Mr. Guilfoyle: Second.
Ms. Davis: I have a motion and a second. Please vote.
Mr. Sias out.
Motion carries 8-0.
IEXECUTTVE SESSTONI
3. 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 approve the closed meeting affidavit.
Mr. M. Williams: I so move.
Mr. Frantom: Second.
Mr. Fennoy out.
Motion carries 8-0.
Mr. MacKenzie: Motion to approve authorizing the Augusta Engineering
Department under the guidance of the Law Department to proceed with initiating a property
swap of approximately .02 acres of property along Connie Drive, subject to final Commission
approval prior to closing.
Mr. Sias: So move.
Mr. D. Williams: Second.
Ms. Davis: I have a motion and a second. Please vote.
Mr. Fennoy out.
Motion carries 8-0.
Ms. Davis: Agenda item 1.
1. Motion to amend the current Healthstat contract effective December 3, 2018 to
include replacing the need for an Occupational Medical Doctor position with a Nurse
Practitioner position. @eferred from the November 6 Commission meeting)
Mr. Guilfoyle: So move.
Mr. Sias: Second.
Ms. Davis: We have a question from Commissioner Hasan.
Mr. Hasan: Madam Mayor Pro Tem, they did send out the information that I was asking
forbut it was only, what alreadywas expressed was about ayear which was $118,000. I was
looking for a little bit more detailed information, I think it was about $355,000, so my question
becomes now so I won't be looked at sideways is would the $355,000 over a three-year period,
what is it that we can do with that money?
Ms. Jackson: I believe that money is in our, in a special fund but I'11 ask Mr. Schroer to
veri$ that please.
Mr. Tim Schroer: Good afternoon.
Ms. Davis: Good afternoon.
Mr. Schroer: That money, we won't be spending it. It's in our health insurance fund or
health fund so we don't spend it. It's not being allocated. I'm sorry.
Mr. Hasan: Okay, okay. So in other words if since we know we're going to save $355,000
over the first three years, which will probably be more than that because of the 40 ,I do realize
that for the next two years of the three years --
Mr. Schroer: Correct.
Mr. Hasan: -- do we have any other options of how we can utilize that money such as our
Library needs about $400,000 we couldn't take that and use that since we know we're not going
to have to pay it? Per a recorlmendation from the Commission?
Mr. Schroer: If you determine that you want to budget it in your future budgets you sure
can.
Mr. Hasan: Okay.
Mr. Schroer: This is an annual budget, (inaudible) annual budget process. So we're just
saying physically we won't spend the $l18,000.
Mr. Hasan: All right, thank you. Thank you, Madam Mayor Pro Tem.
Ms. Davis: Commissioner Williams.
Mr. M. Williams: Tim, while you're there if something happened to the practitioner and
we had to get a doctor then we allocate that money somewhere else then what happens?
Mr. Schroer: It would be part of the budget process.
Mr. M. Williams: We'd have to find that money somewhere else if something happened
to the practitioner and we had to -
Mr. Schroer: If we determined that we wanted to upgrade to an occupational physician,
we'd come back to the Commission and amend the contract and see if that's a position we'd want
to put you in. So it's, we won't do anything without Commission approval.
Mr. M. Williams: I was just thinking if the money is being budgeted for the health facility
and it was just there, it wouldn't be spent but at the same time if we needed to upgrade or something
happened in that department with that money would be there already.
Mr. Schroer: Going to an occupational physician is something we had looked at as a long-
term goal to help us with our Workers Comp and to help us with some of the other physicals that
we do. So this is a long-term goal. It's not something we're going to be doing spur of the moment.If one of our nurse practitioners resigns, we would get another nurse practitioner in from
Healthstat.
Ms. Davis: Commissioner Williams, like you're saying if you move that money out of that
account and you spend it and then you have to come back and find that money again, yes, you'd
have to go to the general fund and find that additional funding.
Mr. M. Williams: That's my point if we moved it.
Ms. Davis: Yeah. That's a good point. Okay, we have a motion and a second. Please
vote.
Motion carries 9-0.
Ms. Davis: Okay, Mr. MacKenzie, anything else?
Mr. MacKenzie: That's all I have.
Ms. Davis: Okay, thank you. Public Services.
IMEETING ADJOURNED]
Lena J. Bonner
Clerk of Commission
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy
of the minutes of the Called Meeting of the Augusta Richmond County Commission held on
November 13,2018.
Clerk of Commission
Commission Meeting Agenda
11/20/2018 2:00 PM
Alcohol Renewals
Department:Planning & Development
Department:Planning & Development
Caption:Discussion: A request by the Planning & Development
Department to renew all of the existing Alcohol Beverage
Licenses in the City of Augusta. This will include all of the
Adult Entertainment Establishments. There will be Sunday
Sales. There will be Dance. Districts 1-8. Super Districts 9-10.
Background:This is the yearly renewal of all Alcohol and Adult
Entertainment Establishments as well as the Regulated Licenses
associated with them.
Analysis:The applicants meet the requirements for the renewal of their
current Licenses.
Financial Impact:
Alternatives:
Recommendation:The Planning & Development Office approved the application
subject to additional information not contradicting the
applicant’s statements. 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
Cover Memo
Commission Meeting Agenda
11/20/2018 2:00 PM
Massage Operator
Department:Planning & Development
Department:Planning & Development
Caption:Discussion: A request by Shaofei Chen for a Massage
Operator's License to be used in connection with Acupressure
located at 3450 Wrightsboro Rd. Space 5570. District 5. Super
District 9.
Background:This is a New Location.
Analysis:The applicant meets the requirements of the City of Augusta's
Ordinance that regulates Massage Therapy
Financial Impact:The applicant will pay a fee of $155.00 for a Massage Operator's
License and a fee based on estimated gross revenue reported.
Alternatives:
Recommendation:The Planning & Development Office approved the application
subject to additional information not contradicting the
applicant’s statements. 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
Cover Memo
Commission Meeting Agenda
11/20/2018 2:00 PM
An Ordinance amending the Augusta Code PPPM
Department:
Department:
Caption:A motion to rescind the Ban-the-Box Policy approved by the
Commission January 17, 2017; to amend Ordinance Augusta,
Georgia Code, Title One, Chapter Seven, Article Four, Section
107-51 by repealing in part and amending in part Section
800.016 of the PPPM related to criminal history; and to approve
a new "Ban the Box" Policy and Procedures for Augusta,
Georgia.
(No recommendation from the PPPM Subcommittee
Meeting October 10, 2018 & Administrative Services
Committee November 13, 2018))
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Cover Memo
ORDINANCE NO. ___________
AN ORDINANCE AMENDING THE AUGUSTA, GEORGIA CODE, TITLE ONE,
CHAPTER SEVEN, ARTICLE FOUR, SECTION 1-7-51 TO REPEAL IN PART AND
AMEND IN PART SECTION 800.016 OF THE PERSONNEL POLICIES AND
PROCEDURES MANUAL RELATED TO CRIMINAL HISTORY OF APPLICANTS
AND FOR OTHER PURPOSES.
WHEREAS, Governor Nathan Deal enacted an executive order on February 23, 2015,
mandating that government entities of the State of Georgia implement “Ban the Box” hiring
policies;
WHEREAS, other local governments in the State Georgia have adopted and implemented “Ban
the Box” hiring policies;
WHEREAS, it is the Augusta Commission’s desire and intent to adopt new policies and
procedures related to the evaluation of the criminal history during the hiring process in
accordance with Governor Deal’s “Ban the Box” executive order;
WHEREAS, it is the desire of the Augusta Commission (“the Commission”) to update the
Personnel Policies and Procedures Manual “PPPM” by amending Section 800.016 Criminal
History by repealing parts of the section related to assessing criminal history of applicants and
amending Section 800.016 to govern only the assessment of motor vehicle history of applicants
to enable the Commission to adopt new policies and procedures regarding the evaluation of
criminal history during the hiring process.
THE AUGUSTA, GEORGIA COMMISSION ordains as follows:
SECTION 1. Augusta, GA. Code Section 1-7-51, also known as the Augusta, Georgia
Personnel Policy and Procedures Manual, is hereby amended by striking through the existing text
of Section 800.016, as set forth in “Exhibit A, ” attached hereto, and replacing with “Exhibit B,”
attached hereto. Section 800.016 shall read as follows:
Sec. 800.016 Motor Vehicle History.
The following minimum sanctions are to be imposed on applicants when the position
applied for requires the operation of an Augusta, Georgia vehicle -
i) Disqualification if the applicant scores 7 or more points on the Risk
Management MVR Review Form (See Form RM-MVR-RF after Chapter 11
herein).
SECTION 2. This ordinance shall become effective upon adoption in accordance with
applicable laws.
SECTION 3. The sections, paragraphs, sentences, clause and phrases of this ordinance are
severable. Should any provision of this ordinance be rendered invalid by a court of law, the
remaining provisions shall continue in force and effect until amended or repeal by action of the
Commission.
SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Approved and adopted this ____ day of ______________, 2018.
__________________________
Hardie Davis, Jr.
As its Mayor
Attest:
_______________________________
Lena J. Bonner, Clerk of Commission
Seal:
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing 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: _______________________
EXHIBIT A
Strike:
Section 800.016 Criminal History
All individuals who are selected for employment to any position with Augusta, Georgia are required to
undergo a criminal history record check. The existence of a conviction does not automatically disqualify
an individual from employment with Augusta, Georgia. Relevant considerations may include, but are not
limited to, the nature and number of the convictions, their dates, and the relationship or nexus that a
conviction has to the duties and responsibilities of the position. Further, any employee or applicant
whose criminal history record information shows a significant arrest or a pattern of recent arrests may be
disqualified from employment until such time as the charge(s) is resolved.
Individuals who have been convicted of a crime listed in this section, or any other offense committed
outside of the State of Georgia that would have been considered one of these crimes if committed in
Georgia, are disqualified from employment as indicated below.
There is a mandatory disqualification from employment in positions subject to criminal history record
checks for a minimum of five (5) years from the date of conviction, plea of nolo contendere, or release
from incarceration or probation, whichever is later, for the following crimes –
i) Murder or Felony Murder;
ii) Attempted Murder;
iii) Kidnapping;
iv) Rape;
v) Armed Robbery;
vi) Robbery;
vii) Cruelty to Children;
viii) Sexual Offenses;
ix) Aggravated Assault;
x) Aggravated Battery;
xi) Arson;
xii) Theft by taking (O.C.G.A. § 16-8-2), by deception (O.C.G.A. § 16-8-3) or by
conversion (O.C.G.A. §16-8-4);
xiii) Forgery (in the first or second degree); and
xiv) Acts of terrorism.
The following minimum sanctions are to be imposed on applicants who have been convicted of a
misdemeanor criminal drug offense -
i) Disqualification from employment in any position for a period of two (2) years from
the date of conviction for the first offense; and
ii) Disqualification from employment in any position for a period of five (5) years from
the most recent date of conviction for the second or subsequent offense.
NOTE - For purposes of this disqualification, “conviction" does not include treatment under the
Georgia First Offender Act or a plea of nolo contendere. Failure to disclose any misdemeanor or
felony on the employment application could result in disqualification or termination.
The following minimum sanctions are to be imposed on applicants when the position applied for requires
the operation of an Augusta, Georgia vehicle -
i) Disqualification if the applicant scores 7 or more points on the Risk Management MVR
Review Form (See Form RM-MVR-RF after Chapter 11 herein).
EXHIBIT B
Replace With:
Sec. 800.016 Motor Vehicle History.
The following minimum sanctions are to be imposed on applicants when the position applied for
requires the operation of an Augusta, Georgia vehicle -
ii) Disqualification if the applicant scores 7 or more points on the Risk Management
MVR Review Form (See Form RM-MVR-RF after Chapter 11 herein).
Ban the Box Policy and Procedures – October 31, 2018 DRAFT
Page 1 of 4
The Ban the Box Policy of Augusta, Georgia
1. POLICY SUMMARY
Augusta, Georgia’s “Ban the Box” hiring policy promotes qualified applicant pools while
reducing recidivism in the community by allowing skilled and motivated job applicants to
participate in the hiring process without criminal history resulting in an automatic barrier to
employment. This policy governs only the evaluation of criminal history during the pre-
employment screening process.
2. POLICY STATEMENT
Augusta, Georgia (“Augusta”) is committed to a hiring policy that affords individuals with a
criminal background the opportunity to be considered for employment without compromising the
values or safety concerns of Augusta and its citizens. Unless state and/or federal law precludes
hiring an applicant who has a criminal conviction, Augusta will not inquire about an applicant’s
criminal convictions until after the applicant is chosen as the selected candidate for a position or
a conditional offer of employment is extended.
3. APPLICABILITY
These procedures are applicable to positions under the authority and control of Augusta.
Ban the Box Policy and Procedures – October 31, 2018 DRAFT
Page 2 of 4
Procedures for the Ban the Box Policy of Augusta, Georgia
1. PROCEDURES
A. Application Process
1) Employment applications shall not contain any questions related to the criminal
history of an applicant.
2) An applicant, however, must consent to a criminal background check, along with
other pre-employment screening, after receiving a conditional offer of
employment to be eligible for hire.
B. Evaluation of Criminal History/Selection Process
1) If an applicant is chosen as the selected candidate by the department head/hiring
manager (or designee), the Human Resources Department will extend a
contingent offer of employment to the selected candidate. The selected candidate
must consent to a criminal background check to be eligible for hire. All criminal
background checks will be executed by the Human Resources Department. For
SES positions, applicants may be subject to a comprehensive background check
conducted by law enforcement per the Administrator’s request.
2) When conducting the criminal background check, the Human Resources
Department will make an individualized assessment of the relevance of the
criminal record to the duties and responsibilities of the position. The selected
candidate will be afforded an opportunity to explain the circumstances that led to
any conviction and present any mitigating factors within three (3) business days
of notice of negative criminal history. The selected candidate may request an in-
person meeting with the department head/hiring manager (or designee) and/or HR
personnel to explain his or her circumstances. The Human Resources Department
will make a recommendation to the department head/hiring manager (or designee)
based on the results of the individualized assessment.
3) After receiving the recommendation from the Human Resources Department, the
department head/hiring manager (or designee) will make the final decision
regarding hiring. The selected candidate will receive a final offer of employment
if selected for hire by the -department head/hiring manager (or designee).
Ban the Box Policy and Procedures – October 31, 2018 DRAFT
Page 3 of 4
C. Adverse Employment Decision
1) If the selected candidate is not hired because of his or her criminal history, he or
she shall be notified in writing within thirty (30) days of this decision, and the
selected candidate shall be provided with a photocopy of the results of the
criminal inquiry, indicating the specific conviction(s) that relate(s) to the
position’s responsibilities.
D. Confidentiality/Improper Dissemination of Information
1) Any information obtained by Augusta that pertains to an applicant’s criminal
history shall remain confidential and shall only be shared with individuals who
need to know the contents for evaluating candidates or employees in a manner
consistent with these procedures, except as dictated by law. Individuals who may
be privy to the criminal history of an applicant, which will be determined based
on the position, shall include only the department head/hiring manager (or
designee), HR Director (or designee), General Counsel (or designee),
Administrator (or designee), Sheriff (or designee), and the Mayor and the
Commission. No other individuals shall be privy to the criminal history of an
applicant.
2) No information obtained during the hiring process shall be used, distributed, or
disseminated by an employee or official for any purpose other than those
permitted under these procedures.
3) No information obtained during the hiring process shall be used, distributed, or
disseminated by any employee or official to any other entity or individual, except
as dictated by state and/or federal law.
4) Any employee who disclosures the criminal history of an applicant for any reason
inconsistent with these procedures, except for reasons dictated by law, shall be
subject to discipline, including termination.
2. EXEMPTIONS
These procedures do not apply to applicants who are selected for public safety positions,
positions involving work with children, or any other positions in which state and/or federal law
requires the exclusion of an applicant from employment because of criminal history. Augusta
shall inquire about the criminal history of individuals applying for these positions at the
beginning of the application process.
3. APPLICABILITY
Ban the Box Policy and Procedures – October 31, 2018 DRAFT
Page 4 of 4
These procedures are applicable to positions under the authority and control of Augusta.
4. DEFINITIONS
a. Selected Candidate - the applicant who is chosen by the department head/hiring
manager (or designee) as the applicant receiving a contingent offer of employment
after the completion of the interview process.
b. Individualized Assessment – an evaluation of a selected candidate’s criminal history
to include, but not limited to, whether the individual committed the offense (if only an
arrest); the nature and gravity of the offense; the time since the offense; and the nature
of the job for which the applicant has applied.
5. PROCEDURES TO IMPLEMENT POLICY
The Human Resources Department may develop procedures or other supplementary information
to support the implementation of this policy. Such supporting documentation requires the
approval of the Administrator.
Commission Meeting Agenda
11/20/2018 2:00 PM
Comissioners requring city employees to attend community events.
Department:
Department:
Caption:Discuss Augusta Commissioner requiring city employees to
attend community events. (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
11/20/2018 2:00 PM
Approve fiscal year 2019 Budget
Department:Administrator
Department:Administrator
Caption:Approve FY 2019 budget for Augusta Georgia.
Background:Local ordinance requires the budget for the upcoming fiscal year
be adopted at the second commission meeting in November.
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
AUGUSTA, GEORGIA BUDGET
RESOLUTION FOR FISCAL YEAR 2019
A RESOLUTION ADOPTING A BUDGET FOR THE FISCAL YEAR 2019 FOR EACH FUND
OF AUGUSTA, GEORGIA APPROPRIATING THE AMOUNTS SHOWN IN EACH BUDGET AS
EXPENDITURES, AND ADOPTING THE ITEMS OF ANTICIPATED FUNDING SOURCES
FOR 2019.
WHEREAS, A proposed Budget for each of the various Funds of Augusta, Georgia has been
presented to the Augusta, Georgia Commission and,
WHEREAS, appropriate advertised public hearings have been held on the 2019 Proposed
Budget as required by State and Local Laws and Regulations; and,
WHEREAS, the Augusta, Georgia Commission has reviewed the Proposed Budget and has made certain
amendments to Funding Sources and Appropriations; and,
WHEREAS, the budget for each Fund includes Appropriations for Fiscal Year 2019 incorporates
certain levels, assessments, fees and charges to finance these expenditures and lists the
Anticipated Funding Sources; and,
WHEREAS, each of the Funds has a balanced budget, such that Anticipated Funding Sources
equal Proposed Expenditures;
NOW, THEREFORE, BE IT RESOLVED that this Budget is hereby adopted specifying the
Anticipated Funding Sources for each Fund and making Appropriations for Proposed
expenditures to the Departments or Organizational Units named in each Fund as is
more specifically shown and designated on Attachment "A" which is incorporated herein by
reference and made a part of this Resolution.
BE IT FURTHER RESOLVED that the Budget shall be amended so as to adapt to changing
governmental needs during the fiscal year as follows, such amendments shall be reorganized as
approved changes to this resolution in accordance with O.C.G.A. § 36-81-3(d):
(1) Nothing contained in this Code section shall preclude a local government from amending
its budget so as to adapt to changing governmental needs during the budget period.
Amendments shall be made as follows, unless otherwise provided by charter or local law:
(2) Any increase in Appropriations at the legal level of control of the local government,
whether accomplished through a change in anticipated revenues in any fund or through a
transfer of appropriations among departments, shall require the approval of the governing
authority. Such amendments shall be adopted by ordinance or resolution.
Adopted this day of , 2018
Hardie Davis Jr.
As its Mayor
Attest:
Lena J. Bonner, Clerk of Commission
Seal:
Commission Meeting Agenda
11/20/2018 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