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Home My WebLink About2021-09-21 Meeting AgendaCommission Meeting Agenda Commission Chamber 9/21/2021 2:00 PM INVOCATION: Dr. Mike Hearon, Lead Pastor First Presbyterian Church of Augusta. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) August EOM Charlie King A. Congratulation! Mr. Charlie King, Information Technology Department, August 2021 Employee of the Month.Attachments Five (5) minute time limit per delegation DELEGATIONS B.Ms. Joyce Law requesting on behalf of Tasty Shop Media for the ARC Information Technology Dept. produce a map in support of an educational documentary which details the integration of Augusta's Catholic High Schools in late 1960's Attachments C. Mr. Bill Fennoy regarding the naming of the Lake Olmstead Amphitheater in honor of the late former Commissioners Andrew A. Jefferson and Grady Smith. Attachments D. Mr. Jim Daniel regarding zoning petition Z-21-67 3140 Washington Road.Attachments E. Courtney Widjaja, MD regarding smoke free air ordinance/cigar bars.Attachments F. Kim Thompson, MD regarding smoke free air ordinance/cigar bars.Attachments G. Ms. Kathleen (Kathy) Kennedy regarding zoning change request for 3140 Washington and 107 Warren Roads.Attachments CONSENT AGENDA (Items 1-28) PLANNING 1. FINAL PLAT – GA VITRIFIED S-2021-16 – A request for concurrence with the Augusta Planning Commission to approve a petition by Jachens Land Surveying, requesting final plat approval for GA Vitrified. This is a commercial road containing 3 lots located at 3943 Harper Franklin Avenue. DISTRICT 3 Attachments 2. FINAL PLAT – Granite Hill Sec 4 Phase III– S-928 – A request for concurrence with the Augusta Planning Commission to approve a petition by Southern Partners, on behalf of Keystone Homes, requesting final plat approval for Granite Hill, Section 4 Phase III. This residential development is located at 974 Burlington Drive and contains 56 lots. DISTRICT 3 Attachments 3. FINAL PLAT – Right of Way Dedication Harper Franklin Ave at al S-927 – A request for concurrence with the Augusta Planning Commission to approve a petition by Jachens Land Surveying, requesting final plat approval for road right of way dedication on Harper Franklin Avenue affecting George Crawford Drive, Adelle Court, Belair Springs Road, Mathurin Street and Batchelor Court. DISTRICT 3 Attachments 4. Z-21-59 – A request for concurrence with the Augusta Planning Commission to approve with the conditions stated below a petition by Jesse Bray, on behalf of ECN Limited Partnership, requesting a Rezoning from Zone A (Agricultural), Zone R-1 (One-family Residential) and Zone B-2 (General Business) to Zone R-1D (One-family Residential) Attachments affecting property containing 26.65 acres and located at 2523 Tobacco Road. Tax Map 141-0-538-05-0. DISTRICT 4 Continued from June meeting 1. The development is limited to 86 single-family detached residential townhomes. 2. A second entrance must be provided if the development exceeds 100 lots any time in the future. 3. Internal roadways must have a 60’ right-of-way and be 31’ feet back-of-curb to back-of-curb. 4. All lots must adhere to required front, side and rear setbacks of the R-1D zone – side property lines immediately adjacent to a public right-of-way must have a front setback. 5. Driveways will be extended to provided guest parking to bring the subdivision in compliance with the parking requirements of the Comprehensive Zoning Ordinance of 2.25 to 2.5 parking spaces per dwelling unit. 6. A Traffic Assessment / Traffic Study may be required by Augusta Traffic Engineering. All work within the right-of-way of Tobacco Road must meet Georgia Department of Transportation standards and specifications and be permitted by GA DOT prior to submission of the Development Plan for the development. 7. Any infrastructure installed over / through the Georgia Power gas easement, to include utility installation, roadways, or other infrastructure installation, will require written permission by Georgia Power prior to any Development Plan submittal for the development. 8. Structures on Lots 9 through 13, and Lots 32 through 49 may not be within 15’ of any sewer line on the subject property (gravity sewer or force main). Additionally, fences will not be allowed on Lots 9 through 13, and Lots 32 through 49 due to 24-hour-a- day access requirements by the Augusta Utilities Maintenance Department to all sewer lines onsite. 9. Sidewalks, with ADA ramps at all returns, will be required to be installed to Tobacco Road. 10. Sidewalks will be required internally on at least one side of all roads. ADA ramps must be designed at all returns of internal roadways. 11. A streetyard is required for the portion of the subdivision fronting Tobacco Road. Streetyard trees are required to be large trees, a minimum of 3” caliper, a minimum of 8’ in height and unbranched to 6’. 5. Z-21-64 – A request for concurrence with the Augusta Planning Commission to approve with the conditions stated below a petition by JKRE, LLC, on behalf of John Kelley, requesting to amend conditions of Z-91-19 to allow for commercial uses in addition to a beauty shop containing 0.31 acres and located at 1610 Monte Sano Avenue. Tax Map 044-3-131-00-0. DISTRICT 2 Continued from August meeting 1. All required parking will need to be paved if the use changes and meet the standards of Section 4-1. 2. Any outdoor lighting shall be directed away from nearby residences. 3. Outdoor storage shall be limited to provisions set forth in Section 21-1 (f) of the Comprehensive Zoning Attachments Ordinance. Motorized vehicles containing 3 or more axles cannot be stored on the property. 4. Any signage must meet the P-1 (Professional) regulations of the Comprehensive Zoning Ordinance. 6. Z-21-66 – A request for concurrence with the Augusta Planning Commission to approve with the conditions stated below a petition by Jordan Trotter Commercial Real Estate, on behalf of Jeff Taylor, requesting a Rezoning from Zone R-1 (One-family Residential) to Zone B-1 (Neighborhood Business) affecting property containing approximately 3 acres and known as a portion of 4506 Windsor Spring Road. Portion of Tax Map 194-0-001-08-0. DISTRICT 8 1. The 3.0 acre parcel shall be subdivided from the larger parcel and recorded in the Clerk of Courts Office of Augusta-Richmond County, GA. 2. Approval of this rezoning request does not constitute approval of the concept site plan submitted with the rezoning application. Site plan approval in compliance with the Site Plan Regulations of Augusta, Georgia for the actual development is required prior to construction commencing on the property. 3. Development of the property shall comply with all development standards and regulations set forth by the City of Augusta-Richmond County, GA, as amended, including the Augusta Tree Ordinance, as amended, at the time of development. Attachments 7. Z-21-67 – A request for concurrence with the Augusta Planning Commission to approve with the conditions stated below a petition by Martinez Properties, LLC, on behalf of Deborah E. Woo, Donna R. Woo, Rhonda L. Woo, Thomas C. Davis and Kaye T. Davis, requesting a Rezoning from Zone R-1 (One-family Residential) and R-1A (One- family Residential) to Zone B-2 (General Business) affecting property containing 4.47 acres and located at 3140 Washington Road and 107 Warren Road. Tax Map 011-2-001-01-0 & 011-0-099-00-0. DISTRICT 7 1. Outdoor lighting shall be directed down and away from nearby residences. 2. Sidewalks must comply with the ADA accessibility standards and specifications of Augusta Traffic Engineering Department. 3. The proposed curb cuts along Warren Road shall meet the standards of Augusta Traffic Engineering Department. 4. Display vehicles and parking shall measure at least 207 feet from the right-of-way of Warren Road. 5. Combine the two tracts for recording purposes. 6. This development must conform to all aspects of the Augusta Tree Ordinance. A 6-foot-tall wood privacy fence is required along the south and west boundaries of adjacent residential tracts. No barbwire fencing is allowed. 7. Dumpster for the site cannot be served before 8:00 a.m. or after Attachments 6:00 p.m. 8. The maximum height of any structure is limited to 2.5 stories or 45 ft. 8. Z-21-68 – A request for concurrence with the Augusta Planning Commission to approve with the conditions stated below a petition by WSM Ventures, LLC, on behalf of Cook Out-Peach Orchard Rd Inc, requesting a Rezoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property containing 0.34 acres and located at 2942 Peach Orchard Road. Tax Map 110-1-113-03-0. DISTRICT 2 1. Shall obtain a cross access easement across parking lot from the adjacent property. 2. Approval of this rezoning request does not constitute approval of the concept site plan submitted with the rezoning application. Site plan approval in compliance with the Site Plan Regulations of Augusta, Georgia for the actual development is required prior to construction commencing on the property. 3. Development of the property shall comply with all development standards and regulations set forth by the City of Augusta-Richmond County, GA, as amended, including the Augusta Tree Ordinance, as amended, at the time of development. Attachments 9. Z-21-70 – A request for concurrence with the Augusta Planning Commission to approve with the conditions stated below a petition by RTB Capital, LLC, requesting a rezoning from Zone R-1 (One-family Residential) to Zone R-1C (One-family Residential) affecting property containing approximately 104.22 acres and located at 3911 Haucham Hill Road. Tax Parcel 184-0-008-01-0. DISTRICT 8 1. The density of the residential development shall not exceed 2.0 dwelling units per acre for the overall development. 2. The development, including all structures shall comply with the Flood Damage Prevention Ordinance, as amended, at the time of development. 3. The development shall comply with all road improvements and traffic calming measures determined by the Traffic Engineer of the Augusta Engineering Department for both Haucham Hill Road and Goshen Road. 4. The developer shall obtain all necessary approvals from Georgia Power Company concerning encroachment into the easement in order to develop the property. 5. Approval of this rezoning request does not constitute approval of the conceptual layout plan submitted with the rezoning application. Subdivision Development Plan approval in compliance with the Land Subdivision Regulations of Augusta, Georgia for the actual development is required prior to any improvements being made on the property. 6. Development of the property shall comply with all Attachments development standards and regulations set forth by the City of Augusta- Richmond County, GA, as amended, including the Augusta Tree Ordinance, as amended, at the time of development. 10. Z-21-71 – A request for concurrence with the Augusta Planning Commission to approve with the conditions stated below a petition by Ronnie Powell, on behalf of Cyber Development, LLC, requesting to amend conditions of Z-20-25 to decrease the width of lots to 20 feet and increase the density for a total of 231 lots, containing approximately 26.93 acres and known as a portion of 2933 Gordon Highway. Portion of Tax Parcel 078-0-006-00-0. DISTRICT 3 1. This development shall substantially confirm to the concept plan filed with this application. 2. The development shall be limited to no more than 200 townhome units. 3. Revise the concept plan so that Lots 120 to 125 are not recessed from the street. 4. Sidewalks must be provided on at least one side of the street within the development and comply with ADA standards. 5. Conduct a traffic study to assess whether traffic signals or acceleration / deceleration lanes are needed. 6. All new streets must meet the minimum specifications of Augusta Engineering and Fire Departments. 7. Street trees shall be installed 45 feet on center along the main street, as shown on the plan. 8. This phase of development must have the necessary parking including suitable locations and placement of overflow parking. 9. This development must meet all open space requirements. These areas must not include stormwater detention. 10. Provide walking trails or pathways to connect areas of the development. Attachments PUBLIC SERVICES 11.Motion to approve authorizing the release of $100,000 in seed money from the 2021 budget for the 2022 International Soul Festival. (Approved by Public Services Committee September 14, 2021) Attachments 12.Motion to approve New Ownership: A.N.21-26: request by Kiran Pathipaka for a retail package Beer & Wine License to used in connection with Sunshine Express 2021, Inc located at 2061 Gordon Hwy. District 5. Super District 9.(Approved by the Public Services Committee September 14, 2021) Attachments 13.Motion to approve Existing Location: A.N. 21-30: request by Pragna Patel for a retail package Beer & Wine License to be used in connection with Gas World #9 located at 2013 Walton Way. District 3. Super District 10. (Approved by the Public Services Committee September 14, 2021) Attachments 14.Motion to approve Existing Location: A.N. 21-29: request by Vasmi K. Lingamaneni for a retail package Beer & Wine License to be used in connection with Eagle Magic Mart located at 2601 Deans Bridge Rd. Ste A. District 2. Super District 9.(Approved by the Public Services Committee September 14, 2021) Attachments 15.Motion to approve Existing Location: A.N. 21-28: request by Shivam A. Patel for a retail package Beer & Wine License to be used in connection with Shell Quick Stop located at 3105 Deans Bridge Rd. District 5. Super District 9. (Approved by the Public Services Committee September 14, 2021) Attachments ADMINISTRATIVE SERVICES 16.Motion to approve the Housing and Community Development Department’s (HCDs) request to provide HOME funding to assist one (1) low to moderate income homebuyer with gap financing, down payment and closing cost to purchase a home through the Homebuyer Subsidy Program. 1. 406 McQueen Court, $25,000. (Approved by Administrative Services Committee September 14, 2021) Attachments 17.Motion to approve Housing and Community Development's (HCD's) fourteen (14) rehabilitation projects. (Approved by Administrative Services Committee September 14, 2021) Attachments 18.Motion to approve a Memorandum of Understanding between the Augusta Economic Development Authority and the City of Augusta. (Approved by Administrative Services Committee September 14, 2021) Attachments PUBLIC SAFETY 19.Motion to approve authorizing the Attorney to draft a resolution in accordance with the model resolution (Stepping Up Initiative) and bring it back for approval.(Approved by Public Safety Committee September 14, 2021) Attachments ENGINEERING SERVICES 20.Motion to approve Sole Source Procurement to Englewood Electric Supply (EESCO) for Electrical Repair Parts at a major pumping facility. (Approved by Engineering Services Committee September 14, 2021) Attachments 21.Motion to approve a Professional Service Contract with Johnson Controls Security Solutions to replace and upgrade the existing Security Access Control and Video Surveillance Systems at the Augusta Utilities Highland Avenue Water Treatment Facility in the amount of $373,627.26. (Approved by Engineering Services Committee September 14, 2021) Attachments 22.Motion to approve reinstating liquidated damages for Waste Haulers effective Oct 1, 2021. (Approved by the Engineering Services Committee September 14, 2021) Attachments 23.Motion to direct Administration to identify $420,000 to be divided equally among all the districts in the current FY2021 and 2022 budgets for traffic calming devises for each district residential areas and to approve the revised Traffic Calming Policy. (Approved by Engineering Services Committee September 14, 2021) Attachments 24.Motion to approve authorizing the Engineering Department to work with the Law Department to develop amendments to the Augusta, GA Tree Ordinance for trees located in the right-of-way and to authorize recommended actions requested by AED. (Referred from September 7 Commission Meeting) Attachments 25.Motion to refer this request from Mr. William Quackenbush to hunt on City property at Phinizy Swamp area near the old Bait Shop area to the Attachments Engineering Department to review and make a recommendation back in 30 days.(Approved by Engineering Services Committee September 14, 2021) PETITIONS AND COMMUNICATIONS 26.Motion to approve the minutes of the Regular Meeting held on September 7, 2021 and Special Called Meeting held September 14, 2021. Attachments APPOINTMENT(S) 27.Motion to approve the appointment of Ashkea White to the ARC Citizens Small Business Advisory Board and Nailah A. Bakari Loadholt to the Augusta Public Transit CitizensAdvisory Board representing District 8. Rescind the appointment of Alicia Gonzales to the ARC Citizens Small Business Advisory Board for failure to provide required (TBQ) contact information. Attachments OTHER BUSINESS 28.Motion to approve Planning & Development Department amending Augusta, Georgia Code, Smoking Ordinance No. 7622, so as to provide that a Cigar Bar / Lounge is eligible for an indoor air certificate of exemption. (Approved by the Commission September 7, 2021- second reading) Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 9/21/2021 AUGUSTA COMMISSION REGULAR AGENDA 9/21/2021 (Items 29-37) PLANNING 29.Z-21-62 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the condition below petition by Margret McKie, requesting a Rezoning from Zone A (Agricultural) to Zone R-3B (Multiple-family Residential) affecting property containing approximately 1.84 Acres and known as 4717 Rollins Road. Tax Map 278-0-029-00-0. DISTRICT 8 1. Should the Group Home for Boys cease to operate the property shall revert to a Single Family Residential use. (No recommendation from the August 17, 2921 Commission meeting requested by the Planning & Development Department) Attachments PUBLIC SERVICES 30.For Approval. The Planning & Development Department recommends amending Augusta, Georgia Code, ALCOHOLIC BEVERAGES, Section 6-2-2 (v), so as to provide a definition for Cigar Bar / Lounge. (No recommendation from the September 7, 2021 Commission Meeting - requested by Planning & Development Department.) Attachments 31.For Approval. The Planning & Development Department recommends amending Augusta, Georgia Code, Administrative and Regulatory Fee Structure, Section 2-1-3(c), so as to establish the regulatory fee for Cigar Bar / Lounge. (No recommendation from the September 7, 2021 Commission Meeting - requested by the Planning & Development Department) Attachments 32.Receive detailed presentation from the Administrator and staff regarding the operations of city-owned recreation facilities by non-governmental agencies as approved by the (Public Services Committee September 14, 2021). Attachments ENGINEERING SERVICES 33.Consider a request from ORION Waste Solutions for contract assignment change. (No recommendation from Engineering Services Committee) Attachments 34.Reconsider the Commission's September 7, 2021 approval of the request for Facility Construction Credits and discussion of the remaining 2-year Contract Extension with ORION / Metropolitan Waste. (Requested by Commissioner Ben Hasan) Attachments 35.Motion to approve a request from Waste Management /A1 Sanitation for a two-year contract extension in accordance with the approval of ORION's two year contract extension. (Requested by Commissioner Ben Hasan) Attachments OTHER BUSINESS 36.Motion to approve acceptance by the Juvenile Court of Richmond County of a $390,000 non matching grant to provide Multisystemic Therapy and Aggression Replacement Training to reduce the rate of felony commitments to DJJ and Short Term Program Sentences. Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 37.Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Upcoming Meetings www.augustaga.gov Commission Meeting Agenda 9/21/2021 2:00 PM Invocation Department: Department: Caption:Dr. Mike Hearon, Lead Pastor First Presbyterian Church of Augusta. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/21/2021 2:00 PM August EOM Charlie King Department: Department: Caption: Congratulation! Mr. Charlie King, Information Technology Department, August 2021 Employee of the Month. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo AUGUSTA, GEORGIA EMPLOYEE RECOGNITION COMMITTEE September 09, 2021 Mayor Davis: The Employee Recognition Committee has selected Charlie King as the August 2021 Employee of the Month for Augusta, Georgia. Mr. King works with Information Technology where he has been employed for nearly 4 years. He was nominated by Shelly Boatwright. Mr. King has played a major role in moving multiple department’s business processes into the City works software platform, supporting the Information Technology Strategic Plan. These Changes give departments better tools for reporting, management oversight, mobile capabilities, inter-department collaboration, and time keeping. Mr. King has helped many customers new to mobile solutions feel comfortable and empowered during software deployments. He is extremely responsive to existing customers with troubleshooting issues. No matter the situation he consistently shows patience, encouragement, and professionalism. Not only is Mr. King passionate about his position with Augusta, but he is also extremely dedicated to giving back to the City through various charitable initiatives Information Technology selects throughout the year. Recently, he was the first in line to donated book bags and a generous monetary donation for Back-to-School Drive benefitting the Healthy Grandparents Program through Augusta University. He then jumped on board to reach out to his circle to help grow this fundraiser. Based on this nomination and Charlies’ outstanding service, The Employee Recognition Committee would appreciate you joining us in recognizing Charlie King as the August 2021 Employee of the Month. Thank you, The Employee Recognition Committee: Pamela Griffin, Committee Chairperson Felicia Cretella, Employee Relations Kelli Walker, 311 Services Edeltraud Coleman, Finance Linda Jones, Utilities Carla S. Moore, Tax Assessor’s Office Lt. Robert Silas, Sheriff’s Office Commission Meeting Agenda 9/21/2021 2:00 PM Ms. Joyce Law Department: Department: Caption:Ms. Joyce Law requesting on behalf of Tasty Shop Media for the ARC Information Technology Dept. produce a map in support of an educational documentary which details the integration of Augusta's Catholic High Schools in late 1960's Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/21/2021 2:00 PM Naming of the Lake Olmstead Amphitheater Department: Department: Caption: Mr. Bill Fennoy regarding the naming of the Lake Olmstead Amphitheater in honor of the late former Commissioners Andrew A. Jefferson and Grady Smith. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/21/2021 2:00 PM Mr. Jim Daniel Department: Department: Caption: Mr. Jim Daniel regarding zoning petition Z-21-67 3140 Washington Road. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/21/2021 2:00 PM Courtney Widjaja, MD Department:American Lung Association Department:American Lung Association Caption: Courtney Widjaja, MD regarding smoke free air ordinance/cigar bars. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/21/2021 2:00 PM Kim Thompson, MD American Lung Association Department:American Lung Association Department:American Lung Association Caption: Kim Thompson, MD regarding smoke free air ordinance/cigar bars. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/21/2021 2:00 PM Ms. Kathleen (Kathy) Kennedy Department: Department: Caption: Ms. Kathleen (Kathy) Kennedy regarding zoning change request for 3140 Washington and 107 Warren Roads. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/21/2021 2:00 PM Final Plat Ga Vitrified Department:Planning and Development Department:Planning and Development Caption: FINAL PLAT – GA VITRIFIED S-2021-16 – A request for concurrence with the Augusta Planning Commission to approve a petition by Jachens Land Surveying, requesting final plat approval for GA Vitrified. This is a commercial road containing 3 lots located at 3943 Harper Franklin Avenue. DISTRICT 3 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 9/21/2021 2:00 PM Final Plat Granite Hill Sec 4 Ph III Department:Planning and Development Department:Planning and Development Caption: FINAL PLAT – Granite Hill Sec 4 Phase III– S-928 – A request for concurrence with the Augusta Planning Commission to approve a petition by Southern Partners, on behalf of Keystone Homes, requesting final plat approval for Granite Hill, Section 4 Phase III. This residential development is located at 974 Burlington Drive and contains 56 lots. DISTRICT 3 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 9/21/2021 2:00 PM Final Plat Harper Franklin Ave Department:Planning and Development Department:Planning and Development Caption: FINAL PLAT – Right of Way Dedication Harper Franklin Ave at al S-927 – A request for concurrence with the Augusta Planning Commission to approve a petition by Jachens Land Surveying, requesting final plat approval for road right of way dedication on Harper Franklin Avenue affecting George Crawford Drive, Adelle Court, Belair Springs Road, Mathurin Street and Batchelor Court. DISTRICT 3 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 9/21/2021 2:00 PM Z-21-59 Department:Planning and Development Department:Planning and Development Caption: Z-21-59 – A request for concurrence with the Augusta Planning Commission to approve with the conditions stated below a petition by Jesse Bray, on behalf of ECN Limited Partnership, requesting a Rezoning from Zone A (Agricultural), Zone R-1 (One-family Residential) and Zone B-2 (General Business) to Zone R-1D (One-family Residential) affecting property containing 26.65 acres and located at 2523 Tobacco Road. Tax Map 141-0-538-05-0. DISTRICT 4 Continued from June meeting 1. The development is limited to 86 single-family detached residential townhomes. 2. A second entrance must be provided if the development exceeds 100 lots any time in the future. 3. Internal roadways must have a 60’ right-of-way and be 31’ feet back-of-curb to back-of-curb. 4. All lots must adhere to required front, side and rear setbacks of the R-1D zone – side property lines immediately adjacent to a public right-of- way must have a front setback. 5. Driveways will be extended to provided guest parking to bring the subdivision in compliance with the parking requirements of the Comprehensive Zoning Ordinance of 2.25 to 2.5 parking spaces per dwelling unit. 6. A Traffic Assessment / Traffic Study may be required by Augusta Traffic Engineering. All work within the right-of-way of Tobacco Road must meet Georgia Department of Transportation standards and specifications and be permitted by GA DOT prior to submission of the Development Plan for the development. 7. Any infrastructure installed over / through the Georgia Power gas easement, to include utility installation, roadways, or other infrastructure installation, will require written permission by Georgia Power prior to any Development Plan submittal for the development. 8. Structures on Lots 9 through 13, and Lots 32 through 49 may not be within 15’ of any sewer line on the subject property (gravity sewer or force main). Additionally, fences will not be allowed on Lots 9 through 13, and Lots 32 through 49 due to 24-hour-a- day access requirements by the Augusta Utilities Maintenance Cover Memo Department to all sewer lines onsite. 9. Sidewalks, with ADA ramps at all returns, will be required to be installed to Tobacco Road. 10. Sidewalks will be required internally on at least one side of all roads. ADA ramps must be designed at all returns of internal roadways. 11. A streetyard is required for the portion of the subdivision fronting Tobacco Road. Streetyard trees are required to be large trees, a minimum of 3” caliper, a minimum of 8’ in height and unbranched to 6’. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/21/2021 2:00 PM Z-21-64 Department:Planning and Development Department:Planning and Development Caption: Z-21-64 – A request for concurrence with the Augusta Planning Commission to approve with the conditions stated below a petition by JKRE, LLC, on behalf of John Kelley, requesting to amend conditions of Z-91-19 to allow for commercial uses in addition to a beauty shop containing 0.31 acres and located at 1610 Monte Sano Avenue. Tax Map 044-3-131-00-0. DISTRICT 2 Continued from August meeting 1. All required parking will need to be paved if the use changes and meet the standards of Section 4-1. 2. Any outdoor lighting shall be directed away from nearby residences. 3. Outdoor storage shall be limited to provisions set forth in Section 21-1 (f) of the Comprehensive Zoning Ordinance. Motorized vehicles containing 3 or more axles cannot be stored on the property. 4. Any signage must meet the P-1 (Professional) regulations of the Comprehensive Zoning Ordinance. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts:Cover Memo REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/21/2021 2:00 PM Z-21-66 Department:Planning and Development Department:Planning and Development Caption: Z-21-66 – A request for concurrence with the Augusta Planning Commission to approve with the conditions stated below a petition by Jordan Trotter Commercial Real Estate, on behalf of Jeff Taylor, requesting a Rezoning from Zone R-1 (One-family Residential) to Zone B-1 (Neighborhood Business) affecting property containing approximately 3 acres and known as a portion of 4506 Windsor Spring Road. Portion of Tax Map 194-0-001-08-0. DISTRICT 8 1. The 3.0 acre parcel shall be subdivided from the larger parcel and recorded in the Clerk of Courts Office of Augusta-Richmond County, GA. 2. Approval of this rezoning request does not constitute approval of the concept site plan submitted with the rezoning application. Site plan approval in compliance with the Site Plan Regulations of Augusta, Georgia for the actual development is required prior to construction commencing on the property. 3. Development of the property shall comply with all development standards and regulations set forth by the City of Augusta-Richmond County, GA, as amended, including the Augusta Tree Ordinance, as amended, at the time of development. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Cover Memo Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/21/2021 2:00 PM Z-21-67 Department:Planning and Development Department:Planning and Development Caption: Z-21-67 – A request for concurrence with the Augusta Planning Commission to approve with the conditions stated below a petition by Martinez Properties, LLC, on behalf of Deborah E. Woo, Donna R. Woo, Rhonda L. Woo, Thomas C. Davis and Kaye T. Davis, requesting a Rezoning from Zone R-1 (One- family Residential) and R-1A (One-family Residential) to Zone B-2 (General Business) affecting property containing 4.47 acres and located at 3140 Washington Road and 107 Warren Road. Tax Map 011-2-001-01-0 & 011-0-099-00-0. DISTRICT 7 1. Outdoor lighting shall be directed down and away from nearby residences. 2. Sidewalks must comply with the ADA accessibility standards and specifications of Augusta Traffic Engineering Department. 3. The proposed curb cuts along Warren Road shall meet the standards of Augusta Traffic Engineering Department. 4. Display vehicles and parking shall measure at least 207 feet from the right-of-way of Warren Road. 5. Combine the two tracts for recording purposes. 6. This development must conform to all aspects of the Augusta Tree Ordinance. A 6-foot-tall wood privacy fence is required along the south and west boundaries of adjacent residential tracts. No barbwire fencing is allowed. 7. Dumpster for the site cannot be served before 8:00 a.m. or after 6:00 p.m. 8. The maximum height of any structure is limited to 2.5 stories or 45 ft. Background: Analysis: Financial Impact: Alternatives: Cover Memo Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/21/2021 2:00 PM Z-21-68 Department:Planning and Development Department:Planning and Development Caption: Z-21-68 – A request for concurrence with the Augusta Planning Commission to approve with the conditions stated below a petition by WSM Ventures, LLC, on behalf of Cook Out-Peach Orchard Rd Inc, requesting a Rezoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property containing 0.34 acres and located at 2942 Peach Orchard Road. Tax Map 110-1-113-03-0. DISTRICT 2 1. Shall obtain a cross access easement across parking lot from the adjacent property. 2. Approval of this rezoning request does not constitute approval of the concept site plan submitted with the rezoning application. Site plan approval in compliance with the Site Plan Regulations of Augusta, Georgia for the actual development is required prior to construction commencing on the property. 3. Development of the property shall comply with all development standards and regulations set forth by the City of Augusta-Richmond County, GA, as amended, including the Augusta Tree Ordinance, as amended, at the time of development. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Cover Memo Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/21/2021 2:00 PM Z-21-70 Department:Planning and Development Department:Planning and Development Caption: Z-21-70 – A request for concurrence with the Augusta Planning Commission to approve with the conditions stated below a petition by RTB Capital, LLC, requesting a rezoning from Zone R-1 (One-family Residential) to Zone R-1C (One-family Residential) affecting property containing approximately 104.22 acres and located at 3911 Haucham Hill Road. Tax Parcel 184- 0-008-01-0. DISTRICT 8 1. The density of the residential development shall not exceed 2.0 dwelling units per acre for the overall development. 2. The development, including all structures shall comply with the Flood Damage Prevention Ordinance, as amended, at the time of development. 3. The development shall comply with all road improvements and traffic calming measures determined by the Traffic Engineer of the Augusta Engineering Department for both Haucham Hill Road and Goshen Road. 4. The developer shall obtain all necessary approvals from Georgia Power Company concerning encroachment into the easement in order to develop the property. 5. Approval of this rezoning request does not constitute approval of the conceptual layout plan submitted with the rezoning application. Subdivision Development Plan approval in compliance with the Land Subdivision Regulations of Augusta, Georgia for the actual development is required prior to any improvements being made on the property. 6. Development of the property shall comply with all development standards and regulations set forth by the City of Augusta-Richmond County, GA, as amended, including the Augusta Tree Ordinance, as amended, at the time of development. Background: Analysis: Financial Impact: Cover Memo Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/21/2021 2:00 PM Z-21-71 Department:Planning and Development Department:Planning and Development Caption: Z-21-71 – A request for concurrence with the Augusta Planning Commission to approve with the conditions stated below a petition by Ronnie Powell, on behalf of Cyber Development, LLC, requesting to amend conditions of Z-20-25 to decrease the width of lots to 20 feet and increase the density for a total of 231 lots, containing approximately 26.93 acres and known as a portion of 2933 Gordon Highway. Portion of Tax Parcel 078-0- 006-00-0. DISTRICT 3 1. This development shall substantially confirm to the concept plan filed with this application. 2. The development shall be limited to no more than 200 townhome units. 3. Revise the concept plan so that Lots 120 to 125 are not recessed from the street. 4. Sidewalks must be provided on at least one side of the street within the development and comply with ADA standards. 5. Conduct a traffic study to assess whether traffic signals or acceleration / deceleration lanes are needed. 6. All new streets must meet the minimum specifications of Augusta Engineering and Fire Departments. 7. Street trees shall be installed 45 feet on center along the main street, as shown on the plan. 8. This phase of development must have the necessary parking including suitable locations and placement of overflow parking. 9. This development must meet all open space requirements. These areas must not include stormwater detention. 10. Provide walking trails or pathways to connect areas of the development. Background: Analysis: Financial Impact: Alternatives: Cover Memo Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/21/2021 2:00 PM Presentation on the International Soul Festival Department:Augusta Convention & Visitors Bureau / Parks & Recreation Department:Augusta Convention & Visitors Bureau / Parks & Recreation Caption:Motion to approve authorizing the release of $100,000 in seed money from the 2021 budget for the 2022 International Soul Festival. (Approved by Public Services Committee September 14, 2021) Background:The Convention and Visitors Bureau has been tasked with the development of an International Soul Festival. The Augusta Commission has allocated seed money for the festival in the budget. Analysis:N/A Financial Impact:N/A Alternatives:To receive as information. Recommendation:To receive as information. Funds are Available in the Following Accounts: $100,000.00 are available in account 101-06-1495-5311810. REVIEWED AND APPROVED BY: Cover Memo September 14, 2021 2017 Destination Blueprint Recommendation International Soul Festival Steering Committee Our Goal 1.Designed to be a multi-day festival that grows into a “must-attend” for people around the globe 2.Theme: Food, Music and Culture 3.Selling point: Should be a nod to James Brown and the artists he has influenced through music over more than a half century 4.Create economic impact for the city of Augusta, our local businesses and this region 3 C4 key points •Willing to take the financial risk beyond city’s “seed money” contribution •Philanthropic partnerships •Focused on a great experience for area residents while attracting visitors for economic impact 6 Our Ask for Today •Authorize Parks and Recreation Department to release the budgeted seed dollars in the amount of $100,000 •Purpose: Help secure talent for a May 2022 Inaugural International Soul Festival 7 Commission Meeting Agenda 9/21/2021 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership: A.N.21-26: request by Kiran Pathipaka for a retail package Beer & Wine License to used in connection with Sunshine Express 2021, Inc located at 2061 Gordon Hwy. District 5. Super District 9.(Approved by the Public Services Committee September 14, 2021) Background:This is a New Ownership. Formerly in the name of Ashaque Khan. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. Alternatives: Recommendation:The Planning & Development 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 9/21/2021 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve Existing Location: A.N. 21-30: request by Pragna Patel for a retail package Beer & Wine License to be used in connection with Gas World #9 located at 2013 Walton Way. District 3. Super District 10. (Approved by the Public Services Committee September 14, 2021) Background:This is an Existing Location formerly in the name of SoonHwa Lee Swany. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. Alternatives: Recommendation:The Planning & Development 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 9/21/2021 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve Existing Location: A.N. 21-29: request by Vasmi K. Lingamaneni for a retail package Beer & Wine License to be used in connection with Eagle Magic Mart located at 2601 Deans Bridge Rd. Ste A. District 2. Super District 9. (Approved by the Public Services Committee September 14, 2021) Background:This is an Existing Location formerly in the name of Richard Bustamante. Analysis:The applicant meets the requirements of the City of Augusta'a ALcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. Alternatives: Recommendation:The Planning & Development 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 9/21/2021 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve Existing Location: A.N. 21-28: request by Shivam A. Patel for a retail package Beer & Wine License to be used in connection with Shell Quick Stop located at 3105 Deans Bridge Rd. District 5. Super District 9. (Approved by the Public Services Committee September 14, 2021) Background:This is an Existing Location formerly in the name of Priteshkumar Patel. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00 Alternatives: Recommendation:The Planning & Development 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 9/21/2021 2:00 PM HCD_ Homebuyer Subsidy Approval Request: 406 McQueen Court Department:HCD Department:HCD Caption:Motion to approve the Housing and Community Development Department’s (HCDs) request to provide HOME funding to assist one (1) low to moderate income homebuyer with gap financing, down payment and closing cost to purchase a home through the Homebuyer Subsidy Program. 1. 406 McQueen Court, $25,000. (Approved by Administrative Services Committee September 14, 2021) Background:The Augusta, Georgia’s Homebuyer Subsidy Program is a loan in the form of a second mortgage. This financial assistance is combined with a primary loan (first mortgage loan) from a participating lending institution and enables a qualified first-time home buyer to become a homeowner. The buyer must be a first- time home buyer and the home must become the buyer’s primary residence. The program is funded by the Department of Housing and Urban Development (HUD) and administered by HCD. The program promotes neighborhood stability by providing financing towards the purchase price and closing costs for homes located within Augusta-Richmond County, in conjunction with local Community Housing Development Organizations (CHDOs) and Augusta, Georgia employees. Analysis:Approval of this request will allow one (1) homeowner to obtain safe and compliant living conditions. Financial Impact:Augusta, Georgia receives funding from HUD annually. Alternatives:Deny HCD’s request. Recommendation:Approve Housing and Community Development Department’s (HCDs) request to provide HOME funding to assist one (1) low Cover Memo to moderate income homebuyer with gap financing, down payment and closing cost to purchase a home through the Homebuyer Subsidy Program for 406 McQueen Court. Funds are Available in the Following Accounts: HUD Funding: Total amount requested - $25,000 Laney Walker Bethlehem Bond funds – 298077340:5211119 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo HOMEBUYER – FAITH CLEMMONS LWBR Program – Homebuyer Written Agreement Page 1 of 5 LANEY WALKER/BETHLEHEM REVITALIATION PROJECT SUBSIDY PROGRAM HOMEBUYER WRITTEN AGREEMENT NOTICE TO HOMEBUYER: This AGREEMENT contains a number of requirements you must fulfill in exchange for the federal assistance you are receiving through the Laney Walker/Bethlehem Revitalization Project Subsidy Program (LWBR Subsidy Program). Be sure to read each paragraph carefully and ask questions regarding any sections you do not fully understand. This AGREEMENT will be enforced by a forgivable loan and mortgage as set forth below. You should be sure that you thoroughly understand these documents before you sign them. THIS AGREEMENT, made and entered into this __ day of ____________, 2021 by and between HOMEBUYER hereinafter referred to as “BORROWER,” and AUGUSTA HOUSING & COMMUNITY DEVLOPMENT (HCD) having its principal office at 510 Fenwick Street, Augusta, Georgia 30901, hereinafter referred to as “LENDER.” WHEREAS, on ___________________, the Lender agreed to provide to the Borrower financial assistance to be used in pursuit of the purchase of certain real property hereafter described; Map Parcel #059-4-219-00-0 identified as 406 McQueen Court. WHEREAS, a percentage of said financial assistance was provided in the form of a Forgivable Loan, hereinafter referred to as a “LOAN,” with said Loan being in the amount of Twenty- Five Thousand dollars and 00/100 ($25,000.00), subject to the condition that the Borrower executes this Agreement. WHEREAS, the Forgiveness Loan is funded by the Augusta Housing and Community Development Subsidy Program via the Laney Walker/Bethlehem Revitalization Project (hereafter “LWBR Program”), and restrictions apply to the Borrower when participating in the City of Augusta’s Forgiveness Loan Program. NOW THEREFORE, in consideration of the said Loan and in accordance with the provisions of State of Georgia Statues, the parties do hereby agree as follows: The Borrower covenants and agrees with the Lender to adhere to the following LWBR Program Restrictions imposed on them for the assistance provided: HOMEBUYER – FAITH CLEMMONS HOME Program – Homebuyer Written Agreement Page 2 of 5 Affordability Period You must comply with the LWBR Program’s period of affordability. The period of affordability for the home will be for the term of the loan (30 years), based on the amount of the direct subsidy to the HOMEBUYER. During this 30-year period, the HOMEBUYER must maintain the home as his/her principal place of residence at all times. During this time the recapture restriction is effective and requires all LWBR funds that were provided for the purchase of the home to be repaid to the City, including principal, interest, late fees, and other charges, if you do not occupy the property as your principal residence or if you sell or transfer the property. Appraised property value The AWARDEE certifies that a certified property appraiser has appraised the property that is the subject of this AGREEMENT at a value of $144,027.00. . Principal residence requirement This agreement shall remain in force throughout the affordability period as long as the home remains the principal residence of the HOMEBUYER. Should the HOMEBUYER not maintain the home as his/her principal residence, or rent or sell the residence to another party, the HOMEBUYER will be in breach of this agreement and will be required to repay any amount that has not yet been forgiven, as set forth in Section 5 of the AGREEMENT, as of the day the home is no longer the principal place of residence of the HOMEBUYER. If the home is sold to another party, the liability of the HOMEBUYER will be limited to the amount of the net proceeds of the sale as set forth in Section 7 below. ________Buyer Initials Recapture Agreement This is a mechanism to recapture all or a portion of the direct LWBR subsidy if the LWBR recipient decides to sell the house within the affordability period at whatever price the market will bear. The recaptured funds will come from the net proceeds if available. Any such repayment as required shall be made to the Lender no later than thirty (30) days following the action that require the repayment. Obligation of Repayment As security of Borrower’s obligation of repayment, and subject to the terms and conditions of this Agreement, the Borrower grants, and the Lender shall and hereby does have, a lien on the real estate hereinafter described in the full amount necessary to satisfy said repayment obligation and the cost, including reasonable attorney’s fees, of collecting the same. The real estate subject to said lien is legally described as: HOMEBUYER – FAITH CLEMMONS HOME Program – Homebuyer Written Agreement Page 3 of 5 ALL THAT LOT OR PARCEL OF LAND, situated, lying and being in the City of Augusta, Richmond County, Georgia bounded north of Perry Avenue, south of Laney Walker Boulevard, east of R.A. Dent, and west of James Brown Boulevard. Promptly after the date of any sale, transfer or other conveyance of the above describe property, or in the event of a sale by contract for deed, at least ten (10) days prior to the date of such sale; or if the property shall cease to be the Borrower’s principal place of residency, the Borrower or his/her heirs, executors, or representatives shall give the lender notice thereof. In the event the Borrower or his/her heirs, executors, or representatives shall fail or refuse to make a required payment within said limited period, the Lender may, with or without notice to the Borrower, foreclose said lien in the same manner as an action of the foreclosure or mortgages upon said real estate, as provided by State Statue. Ownership of Property You must hold fee simple title to the property purchased with LWBR funds for the duration of your Forgiveness Loan. Use of LWBR funds The HOMEBUYER agrees that the LWBR assistance will be used to lower the cost of the home by providing down payment assistance. This will reduce the sales price of the home to the HOMEBUYER and reduce the total amount the HOMEBUYER will be required to borrow in order to purchase the home. ________Buyer Initials Insurance requirement The HOMEBUYER must at all times during the duration of this AGREEMENT maintain a valid and current insurance policy on the home for the current appraised or assessed value of the home. Failure to maintain a valid and current insurance policy will be considered a breach of this AGREEMENT, and the AWARDEE will have the right to foreclose on its mortgage lien if necessary, to protect the LWBR Program investment. Property standards Pursuant to LWBR Program rules, the property that is the subject of this AGREEMENT must meet all State and local housing quality standards and code requirements. If no such standards or codes apply, the property must at a minimum meet the HUD Section 8 Housing Quality Standards/Uniform Physical Condition Standards. Termination Clause HOMEBUYER – FAITH CLEMMONS HOME Program – Homebuyer Written Agreement Page 4 of 5 In the event of foreclosure or deed in lieu of foreclosure of Prior Security Deed, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate-income households or otherwise restricting the Borrower’s ability to sell the Property shall have no further force or effect. Any person (including his successors or assigns) receiving title to the Property through a foreclosure or deed in lieu of foreclosure of a Prior Security Deed shall receive title to the Property free and clear from such restriction. Further, if any Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien Holder’s acquisition of title, provided that (i) the Lender has been given written notice of a default under the Prior Security Deed and (ii) the Lender shall not have curved the default under the Prior Security Deed within the 30-day notice sent to the Lender.” This Agreement shall run with the aforementioned real estate and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. If at any time that the City realizes that you have falsified any documentation or information, you may be required by law to pay the full amount of subsidy provided. ________Buyer Initials Lead Requirement I understand that my house was built/or not built before 1978. I am in receipt of the “Protect Your Family from Lead in Your Home Booklet” and discussed with the staff of Housing and Community Development. __________Buyer Initials Homeowner’s house was built before 1978 and has received a Lead Inspection Report. _________Buyer Initials HOMEBUYER – FAITH CLEMMONS HOME Program – Homebuyer Written Agreement Page 5 of 5 IN WITNESS WHEREOF, the Borrower has executed this Forgiveness Loan Repayment Agreement. ___________________________________________ Date___________________________ HOMEBUYER SIGNATURE Attest: Subscribed and sworn to before me __________________________________, 20____. My Commission Expires ______________________________________, 20____. ______________________________________ Notary Signature Approved as to form: _________________________ Date: _______________ Augusta, GA Law Department By: ___________________________________ Date: ________________ Hardie Davis Jr. As its Mayor By: ___________________________________ Date: ________________ Odie Donald, II. As its Administrator By: ___________________________________ Date: _________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk Commission Meeting Agenda 9/21/2021 2:00 PM HCD_ Rehabilitation Program Approval Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development's (HCD's) fourteen (14) rehabilitation projects. (Approved by Administrative Services Committee September 14, 2021) Background: Homeowner occupied rehabilitation – Full rehab to include restoration of floors, bathrooms, counter tops, cabinets, etc. The homeowner occupied rehabilitation program is designed to bring the eligible homeowner’s dwelling into compliance with applicable, locally adopted, housing rehabilitation standards to reduce ongoing and future maintenance costs, promote energy efficiency, and to preserve decent affordable owner-occupied housing. Federal funding for these activities is provided to Augusta, GA through the Community Development Block Grant (CDBG) program and the Home Investment Partnership (HOME) program. Address Contractor Budget Project Type 1. 3601 Cameron Drive Legacy 4 Construction $34,900.00 Rehab 2. 3771 Fairington Drive Curry Home Improvement $36,000.00 Rehab 3. 2915 Audubon Court Legacy 4 Construction $29,900.00 Rehab 4. 612 East Cedar Street Curry’s Home Improvement $29,770.00 Rehab Cover Memo Emergency rehabilitation – Addresses code violations to include only one of the following: roofing, HCAC, electric or plumbing. The homeowner occupied emergency rehabilitation program provides a mechanism for eligible homeowners to bring their home into compliance with local codes and provide safe, decent housing for low-income individuals. Address Contractor Budget Project Type 5. 2620 Royal Street Imperial Construction $11,600.00 Emergency 6. 400 Rachael Street Legacy 4 Construction $19,701.00 Emergency 7. 1104 ½ 10th Avenue Imperial Construction $11,025.00 Emergency 8. 845 Sibley Street Imperial Construction $14,000.00 Emergency 9. 1417 Ridgewood Drive Legacy 4 Construction $14,669.00 Emergency 10. 1943 Kartha Drive Funes Construction $14,300.00 Emergency 11. 3118 Bellemeade Drive Imperial Construction $6,500.00 Emergency 12. 2020 Randall Road Imperial Construction $9,250.00 Emergency 13. 3043 Dent Street Imperial Construction $9,150.00 Emergency 14. 2646 Drayton Drive Kitching’s Restorations $1,230.00 Emergency Analysis:Approval of this request will allow fourteen (14) homeowners to obtain safe and compliant living conditions. Financial Impact:Augusta, Georgia receives funding from HUD annually. Alternatives:Deny HCD's request.Cover Memo Recommendation:Motion to approve Housing and Community Development's (HCD's) fourteen (14) rehabilitation projects. Funds are Available in the Following Accounts: HUD Funding: Total amount requested – $241,995.00 CDBG funds – 221073210:5225110 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo AHCDD Form 508 (Rev. 05/04) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - REPAIR PROJECT Page 1 of 2 Pages This agreement is between (Contractor): And: Augusta Housing & Community Development 510 Fenwick Street Augusta, Georgia 30901 Address: Project #: The Contractor agrees to furnish all labor and materials to complete in a good, work man like manner repairs to the property shown above, for the total sum of ______________________. All work will be accomplished in accordance with the attached Work Write Up, and the material and labor quality standards specified in the Augusta Housing and Community Development Department Contractor’s Handbook and Performance Manual. The Contractor agrees to accept payment from the Augusta Housing and Community Development Department in accordance with Department payment procedures. The Contractor agrees to complete all repair work required by this contract within 31 working days of the date of this contract. The undersigned, having reviewed and understanding this contract, agree to the terms as specified above and in the attached contract documents. ______ Hawthorne Welcher, Jr., Director Housing & Community Development Witness: SWORN TO AND SUBSCRIBED BEFORE ME, THIS DAY OF , 20 . Notary Public, State of Georgia (SEAL) AHCDD Form 508 (Rev. 05/04) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - REPAIR PROJECT Page 2 of 2 Pages Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ___________________________________ Date: ______________ Hardie Davis As its Mayor By: ___________________________________ Date: _______________ Odie Donald II As its Administrator By: ___________________________________ Date: ________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 1 of 7 Pages THIS CONTRACT, by and between_________________, hereinafter called “Owner” and _______________, hereinafter called the “Contractor.” WITNESSETH: That the Owner and the Contractor, for the considerations hereinafter named, mutually agree as follows: ARTICLE 1 CONTRACT DOCUMENTS The Contract Documents shall consist of the Housing Rehabilitation Contract General Conditions (AHCDD Form 510), Attached Work Write Up, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after the execution of this Agreement; these form the Contract and are as fully a part of the Contract. The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations and agreements, both written and oral. In the event of a conflict among the Contract Documents, the Documents shall be interpreted according to the following priorities: First Priority: Manufacturer’s Instructions Second priority: Construction/Rehabilitation Contract Third Priority: General Conditions of Contract, 2000 version Fourth Priority: Work Write-Up dated _____________ AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 2 of 7 Pages ARTICLE 2 SCOPE OF SERVICES The Contractor shall do all the work and provide all the materials, tools, machinery, supervision, etc., necessary for the rehabilitation of the property locate_________________________, all in accordance with the Work Write-Up which is attached hereto and expressly incorporated herein by reference and made a part hereof. The contractor shall perform the entire rehabilitation of the residential structure as described in the contract documents except items as indicated as follows, which are to be the responsibility of other contractors: Scope Contractor ARTICLE 3 TIME OF PERFORMANCE The services of the Contractor are to commence on _________ and shall be completed by _____________. As time is of the essence, the Contractor will, if these services are not completed within this time period, be assessed the amount of Fifty Dollars ($50.00) for each day the work is not substantially completed after ______________ unless an extension is granted by the Owner. Liquidated damages shall be deducted from the total amount of payment due the Contractor under this Contract. ARTICLE 4 CONTRACT PRICE In consideration of the terms and obligations of this Contract, the Owner agrees to pay the Contractor ______________________________. The Contract Sum is based upon the following alternates, which are described in the Contract Documents and are hereby accepted by the Owner: AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 3 of 7 Pages #1__________________________________________________________________ #2__________________________________________________________________ #3__________________________________________________________________ ARTICLE 5 PROGRESS PAYMENTS The Contractor agrees that the total contract price shall be paid in one or more progress payments based upon the value of the work satisfactorily completed at the time the progress payment is made. Such progress payments shall be disbursed on a monthly basis, after inspection and approval of the work by the Owner and the Augusta Housing and Community Development Department, or its duly authorized representative, less a retainage of 10% of the price of the work completed. Prior to receiving any progress payment, the Contractor shall furnish the Owner with Application and Certificate for Payment Owed To Date, for the materials and labor procured under this Contract. Upon completion of the whole Contract and acceptance of the work by the Owner and the Augusta Housing and Community Development Department, and compliance by the Contractor with all Contract terms, the amount due the Contractor shall be paid including any retainage. The Owner and the Augusta Housing and Community Development Department shall approve a final disbursement of all amounts withheld from prior disbursements upon the completion of the construction of the Project as evidenced by the final approval by all code agencies and a field inspection by the Augusta Housing and Community Development Department. The Augusta Housing and Community Development Department and the Owner may withhold from such disbursement up to two hundred percent (200%) of any amounts required to complete the scheduled value of “punch list” items so-called, and seasonal work such as landscaping. ARTICLE 6 CONTRACTOR AFFIDAVIT Prior to each payment by the OWNER, the CONTRACTOR shall affirm in writing that there are no liens or claims filed against the CONTRACTOR or Owner related to materials, labor or services supplied on this or any other project in which the CONTRACTOR was or is currently involved. No payment shall be made to the Contractor if a lien has been filed with respect to the work, which is the subject of this Contract. Final payment shall be made within fourteen (14) days after the request for payment by the CONTRACTOR, provided that the Work of the Contract be then satisfactorily performed, subject to the provisions of the Contract Documents, and further subject to receipt by the OWNER of the same Affirmation relative to existing liens or claims against the CONTRACTOR as set forth above. Upon such final payment, the CONTRACTOR shall provide to the OWNER a Final Release of Lien stating that the CONTRACTOR has no further claims or liens against the Owner for materials or labor supplied under this Agreement. AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 4 of 7 Pages ARTICLE 7 OWNER’S REPRESENTATIVES/LENDER’S AGENTS The Owner’s Representative shall be ______________________. The Owner’s Representative will provide administration of this Contract during construction and throughout the warranty period. The Owner’s Representative will visit the site at intervals appropriate to the stage of construction to determine if the Work is proceeding in accordance with the Contract Documents. Based on the Owner’s Representative evaluation of Contractor’s invoices for payment, the Owner’s Representative will determine the amounts owing to the Contractor. The Owner’s Representative will have authority to reject Work that does not conform to the Contract Documents. If the Contractor fails to correct defective Work or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner’s Representative, by a written order, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. ARTICLE 8 CHANGES IN THE WORK After this agreement is executed by the Owner, any changes to the scope of Work, budget or time schedule must be agreed upon in writing by the Owner and Contractor and approved by the lender’s representatives. ARTICLE 9 FINES The Contractor is fully responsible for the means and methods of executing the scope of work. The Contractor is specially trained in lead-safe work practices and lead hazard reduction and therefore agrees to hold the owner and the agency harmless in the event of any fines from federal or local agencies concerning the lead hazard reduction work. The Contractor agrees to immediately satisfy any and all fines or judgments presented by OSHA, EPA, the local or state health department, the applicable state lead-based paint activities certification and training program, and any other governmental agency having jurisdiction over lead hazard reduction work. AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 5 of 7 Pages ARTICLE 10 TERMINATION OF AGREEMENT This agreement may be terminated by either party upon seven days’ written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. This agreement may be terminated by the Owner upon at least seven days written notice to the Contractor in the event the project is permanently abandoned. In the event of termination not the fault of the Contractor, the Contractor shall be compensated for all services performed to the termination date. ARTICLE 11 ARBITRATION All claims, disputes and other matters in question between the parties to this agreement, arising out of or relating to this agreement or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this agreement, shall include, by consolidation, joinder or in any manner, any additional person not a party to this agreement except by written consent containing a specific reference to this agreement and signed by the Owner, the Owner’s Representative, and any other person sought to be joined. Any consent to arbitration involving an additional person or persons shall not constitute consent to arbitration of any dispute not described therein or with any person not named or described therein. This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this agreement shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration shall be filed in writing with the other party to this agreement and with the Augusta Housing and Community Development Department Director. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, in no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 6 of 7 Pages ARTICLE 12 ASSIGNMENT OF CONTRACT This agreement may not be assigned to any other Contractor or Agent of Contractor without the written approval of the Owner and the Augusta Housing and Community Development Department. IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. CONTRACTOR Curry Home Improvement Name of Contractor __________________________ Contractor’s Representative – Title Signature of Contractor OWNER ___________________________ Name of Homeowner Signature of Owner WITNESS: Subscribed and sworn to before me this day of , 20 . Notary Public AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 7 of 7 Pages Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ___________________________________ Date: ______________ Hardie Davis As its Mayor By: ___________________________________ Date: _______________ Odie Donald, II As its Administrator By: ___________________________________ Date: ________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk Commission Meeting Agenda 9/21/2021 2:00 PM Memorandum of Understanding with Augusta Economic Development Authority Department: Department: Caption:Motion to approve a Memorandum of Understanding between the Augusta Economic Development Authority and the City of Augusta. (Approved by Administrative Services Committee September 14, 2021) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo GEORGIA ) MEMORANDUM OF ) COUNTY OF RICHMOND ) UNDERSTANDING This memorandum of understanding is entered into by and between the Development Authority of Augusta, Georgia (hereinafter “AEDA”) and the City of Augusta, Georgia (hereinafter “Augusta”). R E C I T A L S WHEREAS, the AEDA and Augusta have mutual goals relating to economic development in Augusta, Georgia; and, WHEREAS, the parties have agreed to certain terms relating to a new employment position to benefit both AEDA and Augusta; and, NOW, THEREFORE, for and in consideration of the mutual promises and the parties acknowledge their agreement as follows: 1. AEDA and Augusta agree that the terms herein are agreed to for a term of two (2) years. The two (2) years shall begin on the Employee’s (defined below) first date of employment. 2. AEDA and Augusta shall jointly select a hiring committee. Said committee shall interview and hire an employee (the “Employee”) as described herein. 3. The Employee’s title shall be Special Projects & Economic Development Manager. 4. AEDA shall pay up to $60,000.00 to Augusta to fund the Employee’s first year of employment. AEDA shall pay $60,000.00 to Augusta to fund the Employee’s second year of employment. 5. The Employee shall be on the payroll of Augusta and paid in accordance with their standard payroll practices, which are subject to change from time to time. 6. AEDA will make office space available for the Employee, which the Employee may utilize office. 7. The Employee will primarily report to The City Administrator employed by Augusta or a designee thereof. Augusta shall specify designee to the Employee and AEDA. 8. AEDA and Augusta to cooperate in good faith to assign various duties and responsibilities to Employee. 9. The parties agree that any changes to the herein would require mutual agreement of AEDA and Augusta. THIS MEMORANDUM OF UNDERSTANDING ENTERED IN TO THIS _____ DAY OF AUGUST, 2021. Development Authority of Augusta, Georgia By: Its: City of Augusta, Georgia By: Its: Commission Meeting Agenda 9/21/2021 2:00 PM Resolution Department:Augusta Commission Department:Augusta Commission Caption:Motion to approve authorizing the Attorney to draft a resolution in accordance with the model resolution (Stepping Up Initiative) and bring it back for approval.(Approved by Public Safety Committee September 14, 2021) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/21/2021 2:00 PM Approve Sole Source Procurement for Electrical Repair Parts at a major pumping facility. Department:Utilities Department:Utilities Caption:Motion to approve Sole Source Procurement to Englewood Electric Supply (EESCO) for Electrical Repair Parts at a major pumping facility. (Approved by Engineering Services Committee September 14, 2021) Background:Pistol Range Pump Station has Allen Bradley medium voltage Motor Control Center that requires updating. These units have been in service since 2004. Recently we have been experiencing issues with the Modular Protection system (825-P) on several units. These units are part of the system safety/protection for the switchgear. Due to the age of the system, these items are now obsolete requiring an upgrade to their current safety/protection system technology. We have solicited and received a proposal for the procurement of the replacement of the units and factory certified installation services for the upgrade from Englewood Electric Supply (EESCO). The total proposed cost for this work is $78,833.75. Analysis:The equipment Manufacturer has documented that the sole authorized local source for this work is Englewood Electric Supply-(EESCO). We have reviewed the proposal and determined that it appropriately meets our current need at a reasonable cost based on the work to be completed. Financial Impact:$78,833.75 From Utilities Department Budgeted Funds Alternatives:None Recommended Recommendation:Authorize the sole source procurement for the described work based on the proposal from Englewood Electric Supply-(EESCO) at a cost of $78,833.75.Cover Memo Funds are Available in the Following Accounts: 506043540-5425110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 9/21/2021 2:00 PM Approval of a Professional Service Contract with Johnson Controls Security Solutions to replace the Security Access Control and Video Surveillance Systems at the Augusta Utilities Highland Avenue Water Treatment Facility in the amount of $373,627.26 Department:Augusta Utilities Department:Augusta Utilities Caption:Motion to approve a Professional Service Contract with Johnson Controls Security Solutions to replace and upgrade the existing Security Access Control and Video Surveillance Systems at the Augusta Utilities Highland Avenue Water Treatment Facility in the amount of $373,627.26. (Approved by Engineering Services Committee September 14, 2021) Background:Augusta Utilities has contracted with Johnson Controls Security Solutions. (Formerly Tyco, Inc.) for more than 10 years to provide Security Access Control and Video Monitoring Services at nine Augusta Utilities facility locations. The Augusta Commission approved a Master Services Agreement with Johnson Controls Security Solutions for the nine facilities on May 12, 2020. The Master Services Agreement established Johnson Controls as the sole source vendor for all AUD Facility Security Systems for purposes of standardization of equipment and the consolidation of existing individual contracts. Analysis:The Access Control and Video Surveillance Systems were designed and installed in the New Highland Avenue Plant during construction approximately fifteen years ago. These systems were internally maintained by the AUD staff. The existing Security System technology is outdated, difficult to maintain and needs replacing. AUD is proposing to totally replace the existing systems with current technology and provide standardization of equipment compatible with the other nine AUD Facilities already established in the Master Service Agreement. The project includes the replacement of all existing access control devices and video cameras and digital video recorders. Where possible, AUD will utilize existing control cabinets for housing the new equipment. Cover Memo Financial Impact:Funds are available in the following account: 506043520- 5222510 Alternatives:No Alternatives Recommended Recommendation:Approval to enter into a Professional Services Contract with Johnson Controls Security Solutions for the installation of Access Control and Video Surveillance Security Equipment At Augusta Utilities’ Highland Avenue Water Treatment Facility Funds are Available in the Following Accounts: 506043520-5222510 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo UTILITIES DEPARTMENT Wes Byne, P.E. Director Augusta Utilities Department 452 Walker Street, Suite 200 - Augusta, GA 30901 (706) 312-4154 – Fax (706) 312-4123 WWW.AUGUSTAGA.GOV TO: Geri Sams Director, Procurement Department THRU: Wes Byne, P.E. Director, Utilities Department FROM: Gerald Philpot CC: Wes Byne, P.E. DATE: 7/12/2021 SUBJECT: JUSTIFICATION FOR SOLE SOURCE ______________________________________________________________________________ Augusta Utilities has contracted with Johnson Controls Security Solutions, LLC for more than 10 years to provide Security and or Fire Alarm Services for nine Augusta Utilities facility locations. AUD is proposing to add a tenth facility, the Highland Avenue Water Treatment Plant. AUD recently consolidated all of the security and fire alarm service agreements into One Master Service Agreement with Johnson Controls Security Solutions. The Master Service Agreement and standardization of equipment was approved by the Augusta-Richmond County Commission on May 12, 2020. Thank you. Commission Meeting Agenda 9/21/2021 2:00 PM reinstate liquidated damages for Waste Haulers Department:Enviromental Services Department Department:Enviromental Services Department Caption:Motion to approve reinstating liquidated damages for Waste Haulers effective Oct 1, 2021. (Approved by the Engineering Services Committee September 14, 2021) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Liquidated Damages (Collection Services) Engineering Committee 9/14/2021 311 Complaints 311 Complaints 311 Complaints 311 Complaints 2018-2021 (Dec-June) 112 223 326 396 120 163 297 539 0 100 200 300 400 500 600 2018 2019 2020 2021 311 Complaints (Monthly Averages) Orion WM 155 311 467 $0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 $100,000 2018 2019 2020 2021 Liquidated Damages (Monthly Averages) Orion WM Liquidated DamagesLiquidated DamagesLiquidated DamagesLiquidated Damages 2018-2021 (Dec-June) Commission Meeting Agenda 9/21/2021 2:00 PM Speed Hump Policy and Funding Update Department:Engineering Department:Engineering Caption:Motion to direct Administration to identify $420,000 to be divided equally among all the districts in the current FY2021 and 2022 budgets for traffic calming devises for each district residential areas and to approve the revised Traffic Calming Policy. (Approved by Engineering Services Committee September 14, 2021) Background:Augusta Commission Engineering Services Committee on 7/27/2018 discussed Speed Hump construction funding mechanism and tasked City Administrator and Augusta Engineering Department (AED) to present recommendation to Augusta Commission at next meeting. This item was also approved by the Augusta Commission on August 3, 2021 meeting. Accordingly, AED reviewed current policy and explored alternate funding sources. Speed Hump is a traffic calming structure and element of Traffic Operation and Safety. Hence Traffic Operation and Safety funds is possible alternate funding mechanism. Analysis:AED reviewed funding for speed humps under Traffic Operation and Safety since it is Traffic Calming tool. Accordingly, AED revised Speed Hump Policy with addition of Funding Section. AED is proposing utilizing Traffic Operation SPLOST funds and allocation of funds in Traffic Engineering annual operation budget under Traffic Operation & Safety for this purpose. It will be 50/50; 50% Construction Cost paid by SPLOST funds and 50% by General Funds. AED is also proposing up to four (4) speed hump per commission district per year and total annual cost of $140,000 cap. Financial Impact:$140,000 per year Alternatives:N/A Cover Memo Recommendation:Receive update regarding Speed Hump Funding and Approve Revised Speed Hump Policy. Requested by AED Funds are Available in the Following Accounts: ($70,0000/year) AED SPLOST (phase 8) ($70,000/yearly) 101- 041710 – Traffic Operations Budget REVIEWED AND APPROVED BY: Cover Memo ENGINEERING DEPARTMENT Hameed Malik, PE, Ph. D., Director John Ussery, PE, Assistant Director of Traffic Augusta Engineering Department 452 Walker St, Ste 110 – Augusta, GA 30901 (706) 796-5040 – Fax (706) 796-5045 WWW.AUGUSTAGA.GOV The purpose of this document is to outline the steps in Augusta’s Speed Hump Policy. After the Augusta Engineering Department receives a request for speed humps, we go through the following four (4) phase process: Phase One (1) • The Traffic Engineering Division of the Augusta Engineering Department determines if the street is eligible for speed humps. • The street must be classified as a local or residential street, have a posted speed limit of 25mph, be less than 40 feet wide, and be a minimum 1000 feet long. Phase Two (2) • The Traffic Engineering Division will conduct a speed study on the requested street. • If the speed study shows the 85 percent speed is 35mph or higher and the daily volume is less than 4,000, then we move to phase three (3). Phase Three (3) • The Traffic Engineering Division will layout the proposed speed hump locations per the Federal and State guidelines. • A community meeting will be held to inform the neighborhood of the process and answer any questions. • Petition forms will be given to a community representative and 75% of property owners adjacent to the street will need to sign the petition to move to phase four (4). Phase Four (4) • Traffic Engineering will submit an agenda item and the Augusta Commission will need to approve the installation of the speed humps. • The Augusta Engineering Department installs the speed humps. Funding • Program will be funded through Traffic Safety and Operation SPLOST and General Fund allocations in TE Annual Budget. • AED may consider funding up to 4 speed humps (or other similar traffic calming devices) at a cost of $14,000 per year per Commission District for a total of $140,000 annually. Commission Meeting Agenda 9/21/2021 2:00 PM Tree Ordinance Review Update Department:Engineering Department:Engineering Caption:Motion to approve authorizing the Engineering Department to work with the Law Department to develop amendments to the Augusta, GA Tree Ordinance for trees located in the right-of- way and to authorize recommended actions requested by AED. (Referred from September 7 Commission Meeting) Background:On April 2, 2019, Augusta Commission discussed Trees Management in Public Right-of-Way (ROW), primarily Broad Street Corridor and Downtown Business District. During this discussion, Augusta Engineering (AED) cited Tree Ordinance as a limiting factor to AED’s ability to effectively manage Trees in ROW. At this meeting, the Commission tasked the Staff with revisiting the Tree Ordinance, evaluating it and determining where changes can be made. Analysis:AED evaluated the current Tree Ordinance and observed that the current Tree Ordinance is creating conflict with Augusta Right- of-Way Usage Guidance and permitting requirements. Also, it has the potential to create limitation to Downtown roadway improvements Transportation Investment Act (TIA) funded projects to improve aesthetic of ROW in addition to infrastructure improvements. In addition, AED operation and services include ROW trees management. Hence AED is recommending assigning ROW tree management Administration to AED. AED’s key recommended changes are attached as EXHIBIT A. In addition, AED is recommending that Augusta Commission tasks Augusta Law Department to further review AED recommended changes to current Tree Ordinance, make the ordinance’s needed changes, for effective management of Public ROW, and bring back revised Ordinance for Augusta Commission discussion and approval. Financial Impact:N/A Cover Memo Alternatives:N/A Recommendation:Receive update regarding Augusta, GA Tree Ordinance. Also Authorize Recommended Actions. Requested by AED Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo TREE ORDINANCE Chapter 8-4-4 ADMINISTRATION. (a) The Augusta Planning & Development Department shall have the responsibility for administering all provisions of this Ordinance that relate to the development of private lands. The Augusta Tree Commission shall have the responsibility of administering all provisions that relate to the development of public lands except public road right of way trees. Augusta Engineering Department shall have the responsibility of administering public road right of way trees (b) Fees. Reasonable fees sufficient to cover the costs of administration, plan review, inspection, appraisal, and publication of notice, as applicable, shall be charged to applicants as established by this Article. The amount of such fees shall be fixed by the Augusta Commission. (c) Enforcement Officer. The City Arborist, with the Code Enforcement Officer as his designee, is the designee who shall be given the authority to enforce the Ordinance against the City’s citizens in the event of compliance failure. This designee shall also have enforcement responsibility and control over all regulated, unsafe and diseased trees located on public and private property. Augusta Engineering Department will enforce tree management ordinance for Public Road right of way. Chapter 8-4-5. PUBLIC TREE PROTECTION. (a) Any request for the severing from the stump and removal of a tree on a public right-of-way shall be directed to the Augusta Tree Commission Augusta Engineering Department for approval. In the event approval is given, Augusta, GA shall notify the local neighborhood association, if any, and shall post on such tree for a period of fourteen (14) days a notice of their intent to remove said tree. Decisions of the Tree Commission Augusta Engineering Department shall be final, and there shall be no appeal to the Augusta Commission. (b) Trees deemed a danger to the public or the adjoining property by the Tree Commission or the appropriate City Department Augusta Engineering Department shall be exempt from the restrictions of this section and can be removed for the safety of the public and/or adjacent properties. (c) Nothing herein shall be construed as prohibiting the cutting and/or removal of a tree or trees incidental to a road improvement project, a drainage project, or a water and sewerage project of Augusta, Georgia or the Georgia Department of Transportation. (d) All other projects causing disturbance within rights-of-way which may cause extensive damage to trees therein shall likewise be reviewed by the Augusta Tree Commission Augusta Engineering Department for recommendations. (e) No person or organization, outside of City authorized personnel, or City contract personnel, shall do any of the following acts to any public tree without first obtaining the proper permission from the Augusta Tree Commission with exception of trees in public right of way. Such request in public right of way shall be submitted to Augusta Engineering Department for review and approval. (1) Cut, prune, break, damage, remove, kill or cause to be killed. (2) Cut, disturb, or interfere, in any way, with the soil or any root within the dripline. (3) Place, spray, or apply any chemical that is known to be toxic to trees in a location that may be absorbed by any part of the tree. (4) Fasten any rope, wire, sign or other device whether invasive to the tree or not. (5) Remove or damage any guard devices placed to protect any tree. (6) Conduct razing, removal, demolition, expansion, or renovation of any structure if deemed by Augusta, GA to be damaging to neighboring public trees. (7) Maintain a stationary fire or device which vaporizes noxious fumes deleterious to tree health. (8) Pave with concrete, asphalt, or other impervious material within the dripline of any public tree unless approved construction techniques are followed as prescribed. (Ord. 5933, June 17, 1997) Commission Meeting Agenda 9/21/2021 2:00 PM William Quackenbush Department: Department: Caption:Motion to refer this request from Mr. William Quackenbush to hunt on City property at Phinizy Swamp area near the old Bait Shop area to the Engineering Department to review and make a recommendation back in 30 days.(Approved by Engineering Services Committee September 14, 2021) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo AGENDA ITEM REQUEST FORM commission meetings: First and third ruesdays of each month - 2:00 p.m. committee meetings: Second and last Tuesdays of each month - l:00 [.m. (Please check one and insert meeting date)Commission/Commiffee: # commission Public Safety Committee Public Services Committee Administrative Services Committee Engineering Services Committee Finance Committee Date of Meeting contact Information for Individual/Presenter Making the Request: Name:'//to q qJurh Address: Telephone Number: Fax Number: of Discuss to be placed on the Agenda: Date of Meeting Date of Meeting Date of Meeting Date of Meetins Date of Me"tine-9:W- Al ?r(./ /*, Please send this request form to the following address: Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 Telephone Number: 7 06-821-1820 Fax Number: 706-821-1838 E-MailAddress: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk,sOffice no later than 9:00 a.m. on the Thursday preceding the Commission and Committee meetings of the following week. A five-minute time limit will be allowed for presentations. Commission Meeting Agenda 9/21/2021 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the Regular Meeting held on September 7, 2021 and Special Called Meeting held September 14, 2021. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda Commission Chamber - 91712021 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; B. Williams, Garrett, Mason, Johnson, Frantom, Scott, McKnight, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. INVOCATION: Reverend Xavier Creekmur, Pastor Beulah Grove Baptist Church.. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE LTNITED STATES OF AMERICA. RECOGNITION(S) August 2021 Years of Service Recipients! A. Congratulations! August 2021Years of Service Recipients!Item Action: None IB 2021-07-09 YOS For 25-50 YOS Recipients Memo,pdf IB ItemApprovalsheet.htmt Motions Motion Motion Textr ype Presentations are made to the 2021 August Years of Service Recipients. Presentatations are also made to Commissioners Scott, McKnight and B. Williams for their certifications as Commissioners by the Georgia Municipal Association and the Carl Vinson Institute of Government. ELECTION OF OFFICER(S) B. Made Seconded MotionBy By Result Motion to appoint District 4 Commissioner. (Requested by Mayor Pro Tem Item Bobby Williams) Action: Approved e ItcmApprovalsheet html Motions Motion;----- Motion Textrype Defer No action Motions Motion Type Approve No action Motions Motion Type Motion to delay this item until the Commissioner next Commission Francine Scott meeting. is taken on this motion. Motion Text Made By Motion Text Substitute motion to nominate Mr. commissioner Alvin Mason. BobbY williams is taken on this motion. Made By Seconded By Commissioner Catherine Smith- McKnight Seconded By Commissioner Ben Hasan Made By Seconded By Commissioner Ben Hasan Motion Result Motion Result Motion Result Clarification of substitute motion to Commissioner Approve open up the floor for Bobbynominations. Williams Motion Passes 9-0. Motions Motion Type Motion Text IvIr. B. Williams nominates Mr. Alvin Mason. (Vote for Mr. Mason) Mr. Johnson and Ms. McKnight abstain. Voting No: Commissioner Francine Scott. Motion Passes 6-l -2. Passes Made Seconded Motion By By Result Passes Motions Motion tn _ L, m Made Seconded MotionType Motion Text By By Result Ms. McKnight nominates Betty Reese. Motions Motion \r 1! m Made Seconded Motion; - ---- Motion TextlYPe By By Result Mr. Hasan moves to close the nominations. There is no objection to closing the nominations. Five (5) minute time limit per delesation DELEGATIONS C. Mr. Jim Davis regarding the Final Report of the Mayor's Task Force Item Confederate Monuments. Action: None B Jim Davis.ndf B ltemApprovalsheet html Motions Motion tn L m Made Seconded MotionMotion TextType rrrvrrvtr r v^r By By Result Mr. Davis did not appear before the Commission. CONSENT AGENDA (Items l-16) PUBLIC SERVICES 1. Motion to approve the 2022 Cooperative Agreement with CSRA Regional Item Commission for Senior Nutrition Services for Augusta, Georgia. (Approved Action: by the Public services committee August3l,202l) Approved tB FY 22 Nutrition Program Coooerative Asreement for ADqnstr Richmnnd (-orrnrw wirh nrrfts rrnn IB Auqusta Richmond Co HIPAA Business Asreement,doc lB Richmond.ndf B ltemApprovalsheet.html Motions Y::*1" Motion Text Made By seconded By Motion Type Result ^ Motion to approve. Commisioner CommissionerApprove rrrrJ,io, Passes 10-0. Sean Frantom Ben Hasan Passes 2. Motion to accept the Coronavirus Response and Relief Supplemental Item Appropriation Act, 2021 (CRRSA) Grant in the amount of $2,681,631 and to Action: adopt the Budget Adjustment.(Approved by the Public Services Approved Committee August 31, 2021) E sF424 Siqtred (8.18.2021).pdf lE SF424 -Concession Retief Sisned (3.15.2021).pdf E ACRGP-FAeS-2021o4o9.pdf B AcRcP-Allocations-2o2t 0212.pdf lB ItemApprovalsheet.html Motions Y:j*'" Motion Text Made By seconded By Motion Type Result ^ Motion to approve. Commisioner CommissionerApprove vtJtion passes l0-0. Sean Frantom Ben Hasan Passes 3. Motion to approve Existing Business: A.N.2l-27: A request by James Lee Item Jackson for a Wholesale Liquor License to be used in connection with Action: Beverage South Augusta located at 1815 Wilkinson Rd. District 2. Super Approved District 9. (Approved by the Public Services Committee August31,202l) B lN-zt-zz.pof lE ItemApprovalsheet.html Motions Motion-^-"'-- Motion Text Made By Seconded By fffilr ype ^ Motion to approve. Commisioner Commissioner n-Approve Motion Passes l0-0. Sean Frantom Ben Hasan rasses 4. Motion to approve New Location: A.N. 21-24: A request by Urvashiben Item Patel for a retail package Beer & Wine License to be used in conncection Action: with In-N-Out Market located 23ll Windsor Spring RD. District 5. Super Approved District 9. (Approved by the Public Services Committee August 31,2021) B AN-21-24.pdf lB llemApprovalsheet.html Motions *l:"' Motion Text Made By Seconded By MotionlYPe '.^--- -r Result a _-_-_-^_- Motion to approve. Commisioner CommissionerApprove vtotion passes l0-0. Sean Frantom Ben Hasan Passes 5. Motion to approve Change Order #3 to SD Clifton in the amount of Item $22,292.45, with no additional time to the Contract length. ITB 20-214. Action: (Approved by the Public services committee August3l,202l) Approved E SD Clifton Co#3.pdf lEt ItemAoorovalsheet.html Motions X:j:"' Motion Text Made By Seconded By Motion f YPe r - -------- -'l Result A -_-^-.^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. sean Frantom Ben Hasan Passes 6. Motion to approve the FY2022- FY2024 Augusta Regional Airport DBE Item Goal and Program. (Approved by the Public Services Committee August Action:31,2021) Approved B F\'2022- Fy2o24 DBE GoAL.odf B ItemAnnrovalsheet.html Motions f#:'" Motion rext Made By Seconded By fl:tji| Approve passes Motion to approve. Commisioner Commissioner Motion Passes l0-0. Sean Frantom Ben Hasan 7. Motion to approve the contract with Mass Media Marketing, LTD also know Item as "M3" for airport marketing agency. This Contract is for three years (3) with Action: two (2) one year options to renew. RFP 21-172 (Approved by the Public Approved Services Committee August 31,2021) tB 2l-172 RFP - Invitation Sent to Paper.docx B zt-lzz teB.odr lB 21-172 Cumulative Phrse Il.pdf IB 21-172 Deoartment Recommendion of Award - Airoort MarketinlAsencv,odf lB 2l-172 Plen Holders List.pdf E M3-Marketing Contract.odf lE F"YI Process Reeuardins RFP uodated 5-3-2l.docx B ItemAnorovalsheet.html Motions Y:j*1" Motion Text Made By seconded By Motion Type ''"-- -r Result a.-.-. -___ Motion to approve. Commisioner CommissionerApprove ruro,ion passes l0-0. Sean Frantom Ben Hasan Passes 8. Motion to approve the Agreement with TFJ Construction, INC for the Item Airport's Skyworx Building to replace and repair windows and doors. (ITB Action: 21-192) (Approved by the Public Services Committee August 31,2021) Approved IE Skvworx Window Renlacement.odf B 21-192_Invit.tion to Bid.docx B 2l-192 Tab sheet.xls lB 2l-192 Depertment Recommendetion of Award.pdf [E 21-192 Planholders.pdf B ltemAoorovalsheet.html Motions Motion Motion Text Made By Seconded By Hiil'l'ype Approve Passes Motion to approve. Commisioner Commissioner Motion Passes 10-0. Sean Frantom Ben Hasan 9. Motion to approve the Skyworx Hazardous Materials Remediation ltem Agreement BID #21-193, by Morris Insulation & Environmental.(Approved Action: by the Public Services Committee August3l,202l) Approved lB Sklrvorx Hazardous Materials Remidiation.odf E 2l-193 Advertisement to Paper.docx E 2I-I93-OFFICIAL TAB SHEf,T.xIs lB 2l-193 D€partm€nt Recommetrdation of Award lettrrs.pdf lE ItemAoorovalsheet html Motions Motion Motion- ----- Motion Text Made By Seconded By'I.ype - ----- -'t --------- -.l Result A __..^--^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. Sean Frantom Ben Hasan Passes ADMINISTRATIVE SERVICES 10. Motion to approve the attached sole source procurement from Downtown Item Decorations, Inc in the amount of $118,375 for Broad Street Christmas Action: d6cor.(Approved by Administrative Services Committee August 31, Approved 2021) B ss - cgnlstntas orco.nar [B Aususta Ouote - KG Edits.ndf E ltemAoorovalsheet.html Motions Motionrf,_1!_mrrrrhMotion;::_":"" Motion Text Made By Seconded ByI ype - ------ -r --------- -'l Result a ^--._^__ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. Sean Frantom Ben Hasan Passes 11. Motion to approve Housing and Community Development Department's Item request to enter into agreement with Georgia Rehabilitation Institute, Inc. Action: (GRI) for ADA project initiatives. (Approved by the Administrative Approved Services Committee August 31, 2021) B AGREEMENT -cA Reheb Inst- Revised.pdf E ItemApprovalsheet.html 12. Motion to approve Housing and Community Development Department's Item (HCD's) request to provide HOME funding to assist one (l) low to moderate Action: income homebuyers with gap financing, down payment and closing cost to Approved purchase a home (ala McQueen Court) through the Homebuyer Subsidy Program. (Approved by the Administrative Services Committee August 31,2021') Motions Motion;------ Motion Textr ype ^ Motion to approve.Approve Motion Passes l0-0. Commisioner Commissioner Sean Frantom Ben Hasan Passes Made By Seconded By Made By Seconded By Motion Result Motion Result Motion Result E HOME BTIYER AGREEMENT.Ddf E It€mApprovalsheet.html Motions Motion Motion TextI ype ^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom Ben Hasan Passes 13. Motion to approve Housing and Community Development Department's Item Homebuyer Subsidy Program, Down Payment Assistance Program, and Action: Rehabilitation Program practices and processes with the exception of Approved $25,000 for approval by the Administrator for the rehabilitation program. (Approved by the Administrative Services Committee August 31,2021) (B HCD DPASubsidvRehabProcess sAusust202l.pptx B ltemAonrovalsheet.html Motions f#:"" Motion rext Made By Seconded By Approve Motion to approve. Commisioner Commissioner Passes Motion Passes 10-0. Sean Frantom Ben Hasan FINANCE 14. Motion to approve a request from the Richmond County Sherifls Office to Item move funds out of State Drug Forfeiture Account's fund balance. The agency Action: intends to use this funding to purchase a new vehicle and to use funding for Approved training. (Approved by the Finance Committee August3l,202l\ B rlrnt ouotr 8-s-zt.nor B wEsT WARNING 8-5-21.Ddf B ItemAoorovalsheet.html Motions Motion Nlotion;--'-" Motion Text Made By Seconded ByType '''--- -r Result a _^_^_.^__^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. Sean Frantom Ben Hasan Passes PETITIONS AND COMMUNICATIONS 15. Motion to approve the Commission minutes of the Regular Meeting held on Item August 17; Special Called Meetings held August 19 and August 31,2021. Action: Approved B Reqular_Commission Meetins Ausust_l7_202l.ndf lB Called Commission M€€tins Ausust l9 202l.pdf B Called Commission Meetine Aususl 3l 202l.pdf B ItemAoorovalsheet.html Motions X:.*1" Motion Text Made By seconded By Motion'I'ype - ------ -'t --------- -'t Result a _-_ _- __- Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. sean Frantom Ben Hasan Passes APPOINTMENT(S) 16. Motion to approve the appointment of Ms. Monique Braswell to the Citizens Item Small Business Advisory Board representing District 10, Action: Approved B Monique Braswell.pdf lB ItemApprovalsheet.html Motions X:j1" Motion Text Made By seconded By Motion Type ''---- -'t --------- -'t Result A __-^--^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom Ben Hasan Passes ,( r, r( *END CONSENT AGENDA'I * * * AUGUSTA COMMISSION 9t7t2021 AUGUSTA COMMISSION REGULAR AGENDA 9t7 t2021 (Items 17-48) PUBLIC SERVICES 17. For Approval. The Planning & Development Department recommends Item amending Augusta, Georgia Code, ALCOHOLIC BEVERAGES, Section Action: 6-2-2 (v) , so as to provide a definition for Cigar Bar I Lounge. (No Disapproved recommendation from the Public Services Committee August 31, 202r) EALCOHOL-ORDINANCE-AMENDMENT CIGAR BAR LOLTNGE dEfiNitioN 2O2IO8O9.dOCX [E ItemAoorovatsheet,html Motions Motion MotionType ryrouon Text Made Bv Seconded Bv rffi Approve Motion to approve. Commissioner Commissioner Fails Ms. Scott out. Ben Hasan Dennis Voting No: Williams Commissioner John Clarke, Commisioner Sean Frantom, Commissioner Brandon Garrett, Commissioner Alvin Mason. Motion Fails 5-4. 18. For Approval. The Planning & Development Department recommends Item amending Augusta, Georgia Code, Administrative and Regulatory Fee Action: Structure, Section 2-l-3(c), so as to establish the regulatory fee for Cigar Disapproved Bar / Lounge. (No recommendation by the Public Services Committee August 31, 2021) IB Reeutatorv Fee CIGAR BAR LOUNGf, 20210809.docx B ItemApprovalsheet.html Motions f#:" Motion rext Made By Seconded By Motion Result Motion to approve. Ms. Scott out. Voting No: Commissioner John Clarke, . Commisioner Commissioner uommlssloner Approve JJ* p.unto,,,, Ben Hasan Dennis Fails commissioner williams Brandon Garrett, Commissioner Alvin Mason. Motion Fails 5-4. 19. For Approval. The Planning & Development Department recommends ltem amending Augusta, Georgia Code, Smoking Ordinance No. 7622, so as to Action: provide that a Cigar Bar I Lounge is eligible for an indoor air certificate of Approved exemption. (No recommendation from Administrative Services Committee August 31, 2021) E Ordinence Amendment Smoking Prohibition CiEar Bar Lounge 20210806.docx B ItemApprovalsheet.html Motions Motion Motion Text'l'ype Motion to approve. Voting No: Commissioner John Clarke, Commisioner Approve Sean Frantom, Commissioner Brandon Garrett, Commissioner Alvin Mason. Motion Passes 6-4. Motions Motion- ---"- Motion Text'l'ype Motion to deny this item. Mr. D. Williams abstains. Voting No: Commissioner Ben Hasan, Commissioner Jordan Johnson, CommissionerDeny Alvin Mason, Commissioner Francine Scott, Commissioner Catherine Smith- McKnight, Commissioner Bobby Williams. Motion Fails 3-6. Made By Seconded By Motion Result Commissioner Ben Hasan CommissionerDennis Passes Williams Made By seconded By ffitjil Commissioner Commisioner F .i John Clarke Sean Frantom ralls 20. Discussion: consider probation, suspension or revocation of the Business Tax Item Certificate for Sureste Partners , d/bla: Azalea Park Apartments, 1814 Action: Fayetteville Drive, for violating the Occupation Tax Ordinance. (No Approved recommendation from the Public Services Committee August 3lr 202l) E Azelee Park Ooen Violations 20210820.x1sx E ltemApprovalsheet.html Motions Y:j*i' Motion Text Made By seconded By Motion Type Result Motion to approve accepting the recommendation of the Planning & Development Department to place this business on probation until October 31 and to Commissioner Approve fr*:#: ir^onthe ,*",i,iL, ;tr?','J,[J" pu,,., Commission agenda and to revoke their business license if the business is not in total compliance. Ms. Scott out. Motion Passes 9-0. ADMINISTRATIVE SERVICES 21. Consider the approval andlor denial of the Final Report from the Mayor's Task Item Force on Confederate Monuments. (Requested by Commissioner Ben Action:Hasan) Tabled B2020-01-12 Task Force on Conf€derate Monuments Street Names and Landmarks Final Reportpdf IB ItemApprovalsheet.html Motions Y:11"t Morion Text Made By Seconded By MotionType Result Motion to table this item for discussion and CommissionerDefer :*o.uurin rune of ;:ffi::f"' Bobby Passes Williams Motion Passes 9-0. ENGINEERING SERVICES 22. Motion to increase the funding for approved RFQ #18-263: Task Order Item Program (2018) for Utilities Department (AUD) in the amount of Action: $6,000,000.00. The terms for the Task Order Programl S-263 was for one (l) Approved year with the option to extend for 4 additional one year terms. The Task order will expire on 111712024. IB AUD 2018 Task Order-Commission Annrovel-ndf IE AtTD_Julv 2l- C02-Commission_rpproval.pdf E AflD Utilities November 17 rpproval letter-OcR.pdf E 18-263 Tab Sheet.pdf E ItemAoorovalsheet.html Motions Y.:j:'" Motion Text Made By seconded By Motionl'YPe Result A ^--^_.^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. Sean Frantom Ben Hasan Passes 23. Approve a Master Services Agreement with Particle Industries for 750 Item devices and a 3-year contract period for IoT device deployment and Action: management.Approved E Particle Enterprise MSA and Order Form.pdf B Particle-Aupusta Utilities orooosal-7-30-2lv2.odf B loT Sole Source.odf B ltemAoorovalsheet html Motions X:11"' Motion Text Made By seconded By Motion'l'ype ''--*- -r ---"----- -r Result Motion to approve. Approve Ms. Scott out. commissioner commisioner Motion passes 9-0. Bobby Williams Sean Frantom Passes 24. Approve award of Augusta Stormwater Facilities (ponds) Maintenance Item Contract to Augusta Lawn & Turf, LLC, Augusta Quality, LLC Larry Action: McCord, LLC, and Pond Maintenance of Augusta. The Contract is for one Approved year with renewal option of two additional years. Also, approve up to $650,000 to fund the proposed sweeping Services for Base Year 1. Award is contingent upon receipt of procurement documents, signed contracts and proper bonds. requested by AED. RFP 2l-157. B 21-157 RFP - Invitation Sent to Paper.docx [B 21-157 PreProposal Attendees.pdf B zt-tsz orrlcw t.q,n.xr B 21-157 Detail Cumulative - Group A - H.xlsx,pdf {B 21-157 AED Procurement-Award Recom TAB,pdf lB 2l-15? AED Ponds Group Fee-f,xhibirs A B.pdf B 21-157 Ptan holders.pdf B FYI Process Reguarding RFP updated 5-3-21.docx B ltemApprovalsheet.html Motions f#:" Motion Text Made By seconded By ffitjir,, Motion to approve with the deletion of the word Approve sweeping from the commisioner commissioner motion. Sean Frantom Ben Hasan Passes Motion Passes 10-0. 25. Award Bid ltem 20-238 for the Purchase of Three New Pumps for the Item Second Street Lift Station. Action: Approved B 20-238 Advertisement to paper.docx B zo-zl8 tar.oar IB 20-238 Department Recommendation of Awerd.pdf IE 20-238 Ouote Extensiotr,pdf B 20-238 Plan Holders Lisr.pdf E ItemAoorovalsheet.html Motions Y::*1"' Motion Text Made By seconded By Motion'I'ype '.---- -'I --------" -r Result A .^_-^_.^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom Ben Hasan Passes 26. Approve request for Facility Construction Credits and discussion of the Item remaining 2-year Contract Extension with ORION / Metropolitan Waste. Action: (Requested by Commissioner Brandon Garrett) Approved B 2021-31-08_ORION METROPOLITAN Covid rnd_Ext€nsion-Reouest Document-8.25.21_(l).pdf E ltemAoprovalsheet.html Motions Y:jtt-" Motion Text Made By seconded By Motion Type Result ^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. sean Frantom Ben Hasan Passes 27. Approve funding for Professional Consultant Services Supplemental Item Agreement one (SAl) to SCS Engineers and Atlas in the amount of Action: $399,909.00 and $54,000.00 respectively for Deans Bridge Road Solid Approved Waste Facility Phase 2C Final Closure System and Cover Project Permit required Construction Quality Assurance &, Certification Services, and Construction Phase Design Services to be funded through the Solid Waste Facility Fund 541044210 1232120 . Request by AED. RFP 20-146. E SCS Aussutr-PhrsejC-Closure CM-COA-Cert- PronosaLFinat 08.16.2021.ndf B ATLAS - Aususta Landfill - Phase IIC Const Phase Prooosat (08-09-21) -.ndf @ ItemApprovalsheet.html Motions Y:j*'" Motion Text Made By Seconded By Motion Type Result a - , - Motion to approve. Commisioner CommissionerApprove vtotion passes l0-0. sean Frantom Ben Hasan Passes 28. Approve supplemental funding (SAl) for Phase 1- Parts 2 & 3 (Preliminary Item and Final Design) phases for Drainage Study, Stormwater System Action: Assessment and Drainage Improvements Engineering Services Agreement to Approved Cranston Engineering (Cranston) in the amount of $233,940.00 for National Hills Drainage Basin as requested by the AED. RFQ 19-148 (l9ENG797). B cPB 08.t6.202l..pdf E SAt SwuNationalHllts 08.16,2021.pdf E National Hills Drainage Cranston SAI Task Order Proposal 08.16.2021.pdf B z0t9-0Jts NlttoNlt, HILLS nnlNA.cr stunv - sketch g zotg-og-oe os.to.zozl.paf E ltemApprovalsheet.html Motions Y:11" Motion Text Made By seconded By Motion'l'ype - ----- -'t --------- -" Result a _.^..^--^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom Ben Hasan Passes 29. Approve supplemental funding (SAl) for Preliminary Engineering, Survey, Item Database and Subsurface Utility Engineering (SUE) Phase (PE phase 1) of Action: the Design Consultant Services Agreement to Kimley-Horn in the amount of Approved $197,331.29 for the Monte Sano Ave. Improvements (Wrightsboro Rd. to Walton Way) Project as requested by AED. RFQ 19-247 (20ENG875). B 08-07-2021 cPB.xtsx lE sAl .docx lB Monte Sano Design Services Pronosal-SAl.ndf IB ItemAnnrovalsheet html Motions Y:jt1" Motion Text Made By seconded By Motion'l'ype - ----- -'t ----'---" -'t Result A ---^_.^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. sean Frantom Ben Hasan Passes 30. Motion to approve Construction Services with Georgia Department of Item Transportation to include Augusta Utilities Department's water valves and Action: sanitary sewer manhole adjustments in the Georgia Department of Approved Transportation contract, for GDOT Project PI M005972 Patching, Milling, and Topping 3.82 miles of State Route 28 (Washington Road) beginning from Calhoun Bridge and ending at CSX Railroad. E IN-v-0 t I 087-AUC usrA-RICHMoND-co.pdf E SR 28 RICHNIoND CoUNTY NTAP.Ddf @ AUD Jutv 2t.ndf El ItemApprovalsheet.html Motions Y:j*1"Il Motion Text Made By seconded By Motion Type Result a _^_^_.^_-^ Motion to approve. Commisioner CommissionerApprove vtotion passes l0-0. Sean Frantom Ben Hasan Passes 31. Motion to approve Construction Services with Georgia Department of Item Transportation to include Augusta Utilities Department's water valves and Action: sanitary sewer manhole adjustments in the Georgia Department of Approved Transportation contract, for GDOT Project PI M005974 Patching, Milling, and Topping 0.66 miles of State Route 104 (Washington Road) beginning from Fury Ferry Intersection and ending at Pleasant Home Road. B INV-OI I I I O-AUGUSTA.RICHMOND-CO.Ddf E SR-IO4CON RICHMOND-COITNTY MAP.Ddf B AUD Jutv 21.ndf lB ItemAoorovalsheet html Motions Y:j*i"Il Motion Text Made By seconded By Motion Type Result ^ Motion to approve. Commisioner CommissionerApprove Motion Passes l0-0. sean Frantom Ben Hasan Passes 32. Motion to approve recapture and reallocation of utilities related to GDOT- Item Augusta Contract Agreements Final Cost Summary for water main and Action: sanitary sewer main work on various previously approved projects Approved throughout Richmond County. B r{v-0il 126-AUGUSTA-RICHMoND-Co.pdf IB solost-reallocationJteckase.odf B ItemAnprovalSheet.html Motions Motion;::-":-- Motion Text Made By Seconded By HX|Irype Motion to - Commissioner commisionerApprove ffili,;*t B"bbt wiitiu-, Sean Frantom Passes 33. Consider Award of Supplementary Addition to Old Sidewalk and Landscaping & Drainage Improvements water service connections and water main tie-ins to J & B amount of $280,355.55. Waynesboro Road Item Bid 19-284 for the Action: Construction in the Approved E Directors-Memo.odf [E Old Wrvnesboro Road Wan Tie-Ins Bid Estimate.odf B Proiect Map.ndf E ltemAnorovalsheet.html 34. Discussion on sanitation vendor ORION Waste 'Solutions request for Item compensation/reimbursement of additional fees. Action: Approved E ORloN-Metropolitan Reouest tetter to ARC - sipned - 08042ltll.pdf E ItemAoorovalsheet.html Motions Motions f#:" Motion rext a _ ._ _ __ _ Motion to approve.APProve Motion Passes lo-0. f#:"" Motion rext E ltemAonrovalsheet.html Motions Motion; - -- - -- Motion Textrype Made By Seconded By Commisioner Commissioner Sean Frantom Ben Hasan Made By Seconded By Motion Result Passes Motion Result Motion to delete this Delete item from the agenda. S::t:lt: commissioner passes Motion passes l0-0. Sean Frantom Ben Hasan 35. Receive as information. Road Condition Rating Technology Review and Item Augusta Paving Management Program update. Requested by Action: Commissioner John Clarke and AED. Rescheduled Motion ResultMade By Seconded By Approve Motion to Commissioner Commissionerapprove John Clarke Catherine Smith- receiving this McKnight item as information. No action is taken on this motion due to the passage of the substitute motion. Motions f#:"' Motion rext Made Bv seconded Bv f.".Tii Substitute motion Defer to refer this item Commisioner Commissioner pvvrvr back to Sean Frantom Bobby Williams rasses committee. It was the consensus of the Commission that this item be referred back to committee without objection. 36. Receive update regarding Residential Development and Individual Lot Item Onsite Drainage Management. Requested by AED. Action: Rescheduled E AED Review-Aususta Develonment end Buildins Construction Codes.ndf IB ItemAoorovalsheet.html Motions [,'J:" Motion Text Made By seconded By f.".til Motion to refer .- -:, - --, - -;-. Commisioner Commissioner pDerer tt':'::i:ack to Sean Frantom Bobby williams rasses commlttee. It was the consensus of the Commission that this item be referred back to commiffee without obj ection. 37. IVIr. Robert Oliver regarding ongoing septic system issue in District 3. Item (Requested by Comm. Catherine McKnight) Action: Approved B sKM c6s82to8l9t736o.pdf B ItemAoorovalsheet.html Motions Motion Made Seconded Motion i;;- Motion Text By By Resuu It was the consensus of the Commission that this item be received as information without objection. 38. Receive update regarding Speed Hump Funding and Approve Revised Item Speed Hump Policy. Requested by AED. Action: Rescheduled B Soeed Hump Policv REV I 08022021.odf B ItemAoprovalsheet.html Motions econded By rJJiI'l'ype Motion to referDefer ,ht,'i(T;;;," ff#TffiI ;:ffifif,ffi, passes commlfiee. It was the consensus of the Commission that this item be referred back to committee without objection. 39. Consider approving the Easement Abandonment and Deed of Dedication for Item New Easements and the Maintenance Agreement for The Highland. Action: Approved E Augusta Apartment Residences Deed of Dedication.pdf B Augusta Apartment Residences Maintenance Aqreement.pdf lB Auqusta Apartment Residences Plat.pdf E ltemApprovalsheet.html Motions X:j*1" Motion Text Made By Seconded By Motion Type Result ^ Motion to approve. Commisioner CommissionerApprove Motion Passes 10-0. Sean Frantom Ben Hasan Passes 40. Receive update regarding Augusta, GA Tree Ordinance. Also Authorize Item Recommended Actions. Requested by AED. Action: Rescheduled B Section of Ordinance AED Proposed Changes.pdf B Tree Ordinance Auqusta Commission April 2, 2019 Action.pdf E Tree Ordinance marked.pdf B ItemApprovalsheet.html Motions f#:"' Motion rext Made By seconded By ffillil Motion to refer ADefer ril il;; b;;[i" Commisioner Commissioner p ;;;;:'^ '- Sean Frantom Bobby Williams rasses It was the consensus of the Commission that this item be referred back to committee without objection. 41. Motion to approve a Memorandum of Understanding (MOU) with the Item Phinizy Center for Water Sciences to provide staff to support surface water Action: quality monitoring and other scientific services required by State and Federal Approved Permits and other activities as identified in the amount of $120,000. {B MOU ALrD Phinizy Supp Staff Monitoritrs SJul2l,pdf [B ItemApprovalsheet.html Motions Y:11"' Motion Text Made By seconded By Motion'l'ype - ------ -'t --------- -'t Result A _--^_.^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom Ben Hasan Passes 42. Approve Supplement funding (SAl) for Final Engineering Phase of Design Item Consultant Contract to Atlas (former Moreland Altobelli) in the amount of Action: $32,358.00 for Walton Way over Hawks Gully (Augusta Canal) Bridge Approved (Repair and Restoration) as requested by AED. RFQ 19-243. B CPB Weltonwav ov Hawks 07.30.2021,x1sx IB Atlas-Fee Pronosal TS2 Waltonwav-Bridge.docx E SAI-Watton Wav over Hawks 7.30.21.docr B ItemApprovalsheet.html to approve. Commisioner Commissioner passes Passes l0-0. Sean Frantom Ben Hasan 43. Approve supplemental funding (SAl) for Preliminary Engineering Initial ltem Oesign Phase- (PE phasel) of the Design Consultant Services Agreement to Action: pond & Company in the amount of $347,668.00 for the Walton Way (Lake Approved Forrest Dr. to Milledge Rd.) Safety and Operational Improvements Project as requested by the AED. RFQ 19-244 (20ENG837) Motions Motion Type MotionAPProve Motion Made By Seconded By Made By Commisioner Sean Frantom Seconded By Motion Result Motion Result Motion Result E cPr o8.o7.2o21.xlsx B sAl-.docx E Pond Watton Wav PE-SAI Prooosal.odf B ltemAoorovalsheet html Motions Motion,"vrtvtr Motion Text Made BY r ype Seconded By a ------^--^ Motion to approve. Commisioner CommissionerApprove vtotion Passes 10-0. Sean Frantom Ben Hasan Passes 44. Approve entering into an agreement with Norfolk Southern Railway Item Company G.IFS) stating that Atlanta, GA will pay for the preliminary Action: Engineering and Review for the Willis Foreman Roadway Improvements Approved (Deans Bridge Road to Peach Orchard Road) Project in Accordance with the estimate $36,500. Also, approve the agreement to be executed by the Augusta, GA Legal Counsel and the Mayor as requested by Augusta Engineering Department. Requested by AED. {F Norfolk Southern Preliminarv Eneineering Asreement.odf B ltemAonrovalsheet.html Motions Motion-"""" Motion Textlype ^ Motion to approve.Approve Motion Passes 10-0. Commissioner Ben Hasan Passes ADMINISTRATOR 45. Discussion on the recommended initially authorized via SpLOST 7 path forward to deliver Fire Station and subsequent Commission actions. #3 ltem Action: Approved E ItemAoorovalshect.html Motions Motion Motion Textrype Motion to approve Approve receiving ttris item uommlssloner-o -;.-- "-^" Ben Hasanas mlormatron. Made By Seconded By Commissioner Catherine Smith- McKnight It was the consensus of the commission that this item be received as information without objection. Motion to expand the emergency authorization of vendor services VaxUp Augusta program to include no-cost MOAs with universities, and other key stakeholders. Motion Result Passes under the colleges, Item Action: Approved 46. lE| ItemAoorovalsheet.html Motions Motion Motion Text,I,vDe Jt - Motion to approve with additional information presented by the Administrator related to the emergency authorization provided Approve on August 19 and a general update on the overall vaccination effort. Ms. Scott, Mr. Clarke and Mr. D. Wiliams out. Motion Passes 7-0. ADDENDUM Seconded Bv Motion- - ------ -- -'I Result Commissioner - Ben Hasan Passes Made By Commissioner Brandon Garrett 47. Approve Contract with Harris Computer Corporation to upgrade the Item CityView application used by the Planning and Development Department. Action: Approved B Sole Source Aooroval.odf B Contrrctual Services Asreement.odf E ltemAnnrovalsheet.html Motions Motion Made Seconded Motion---'--_- Motion TextType By By Result Unanimous consent is given to add this item to the agenda. Motions X:jt1"' Motion Text Made By seconded By Motion Type -'---- -J Result A ---^-.^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. Sean Frantom Ben Hasan Passes 48. Approve Zero-Dollar Change Order with Motorola Solutions, Inc. for the Item WatchGuard Interview Room Recording Solution. Action: Approved B Aueusta Richmond lnterview Room Chanqe Order I -.pdf {B Motorola-Interview-Room Recordinp-Disital_Evidence MsmI-SIGNED.ndf B ltemAnnrovalsheet html Motions Motion Made Seconded Motion- ----: Motion TextType By By Result Unanimous consent is given to add this item to the agenda. Motions X:ji" Motion Text Made By seconded By Motion'l'ype Result A ---^-.^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. sean Frantom Ben Hasan Passes LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 49. Motion to authorize execution by the Mayor of the affidavit of Item compliance with Georgia's Open Meeting Act. Action: None Upcoming Meetings www.ausustasa.sov 1 CALLED MEETING COMMISSION CHAMBER September 14, 2021 Augusta Richmond County Commission convened at 11:00 a.m., Tuesday, September 14, 2021, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. B. Williams, Garrett, Mason, Johnson, Frantom, Scott, McKnight, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. Mr. Mayor: All right, good afternoon. We’re going to call this meeting to order. Okay. The Chair recognizes Attorney Brown. 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. Brown: Good afternoon, Mayor and Commissioners. We request a motion to go into closed meeting for the discussion of pending and potential litigation, real estate and personnel. Mr. Mayor: Commissioner from the 8th. Mr. Garrett: So move. Mr. Hasan: Second. Mr. Mayor: All right. We’ve got a motion and a second. Voting. That was Commissioner Hasan. Mr. D. Williams and Mr. Frantom out. Motion carries 8-0. [EXECUTIVE SESSION] Mr. Mayor: Okay, we’re going to, I think we’re okay, Madam Clerk. If everyone could take your seats and cease conversations, we’ve got one matter that is before us. We’re going to take this one vote and it will be a roll call vote. All right, we’ll reconvene. The Chair recognizes Attorney Brown. 2. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Brown: Mayor and Commissioners, we request a motion to execute the closed meeting affidavit. 2 Mr. Frantom: So moved. Mr. Hasan: Second. The Clerk: Mr. Clarke. Mr. Clarke: Yes. The Clerk: Mr. Frantom. Mr. Frantom: Yes, ma’am. The Clerk: Mr. Garrett. Out. Mr. Hasan. Mr. Hasan: Yes, ma’am. The Clerk: Mr. Johnson. Mr. Johnson: Yes, ma’am. The Clerk: Ms. McKnight. Ms. McKnight: Yes, ma’am. The Clerk: Ms. Scott. Ms. Scott: Yes, ma’am. The Clerk: Mr. Mason. Mr. Mason: Yes, ma’am. Mr. B. Williams: Yes, ma’am. The Clerk: Mr. Dennis Williams. Mr. D. Williams: Yes, ma’am. Mr. Garrett out. Motion carries 9-0. Mr. Mayor: All right. The Chair recognizes Attorney Brown for the reading of a motion from the Mayor Pro Tem. Mr. Brown: Yes. We request a motion to adopt a Resolution authorizing the settlement of all claims by Albert and Connie B. Abbott by agreement to a property exchange 3 as follows: claimant will receive 1,207 square feet of property from Augusta and Augusta will receive property of equal or greater value including 1,311 square feet of property from Yong Sub Lim and 14 square feet of property from Charles Cephas, waiving Augusta Code of Ordinances Sections in conflict for this instance only and for other purposes. Mr. Mayor: Mayor Pro Tem. Mr. B. Williams: So move. Mr. Frantom: Second. Mr. Mayor: Voting. Madam Clerk. Mr. Garrett out. Motion carries 9-0. Mr. Mayor: All right, Madam Clerk, I believe that’s all the business before us. The Clerk: Yes, sir. Mr. Mayor: And we’ve got 17 plus minutes before committee meetings. All right. [MEETING 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 September 14, 2021. ________________________ Clerk of Commission Commission Meeting Agenda 9/21/2021 2:00 PM District 8 appointments Department:Augusta Commission Department:Augusta Commission Caption:Motion to approve the appointment of Ashkea White to the ARC Citizens Small Business Advisory Board and Nailah A. Bakari Loadholt to the Augusta Public Transit CitizensAdvisory Board representing District 8. Rescind the appointment of Alicia Gonzales to the ARC Citizens Small Business Advisory Board for failure to provide required (TBQ) contact information. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Clerk of Commission Commission, Authorities, & Boards Talent Bank Application Title First Name* Middle Name * Last Name* Suffix Date Of Birth* Address* Home Phone* Work Phone Registered Voter* Marital Status* Education* Race* Gender* Occupation* Interests Commissions, Authorities, & Boards Mrs. Ashkea Karon White 8/1/1986 City augusta State / Province / Region ga Postal / Zip Code 30906 Country usa Street Address 4005 Whispering pines rd. s. Address Line 2 7622173993 7068214251 District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 None Married Some College Black Female City of Augusta- Procurement Volunteer For *Citizens Small Business Advisory Board Click add below to apply for more than one board. * * Email I currently have relatives working for the City of Augusta Yes No I currently server on an Augusta Board, Commission, or Authority Yes No I would like to receive an email confirmation of my submission. Yes No awhite2@augustaga.gov Tirle Firsl Name r Middle Name r Last Namer Sutlix Date Of Birth r Address r Home Phone r Work Phone Regislered Voterr Marital Status * Education r Kace Gender I Occupation r lnterests Mrs Narlah ANAH BAKARI LOAOHOLI 4t17 t1992 :rr{'irO.l{:. 2889 Pepperdine Drive !1Ii'i:.iI:..i Hephzrbah I . !i.il /,t i {.1. 30815 7068140214 7067904600 Dislricl 1 Drstrrcl 3 Distnct 5 Distract 7 None Married Bachelors Black Female INSI'RANCE AGENI Commission Authorrties GEORGIA Commission & Boards Talent Bank App|catron ::ljl€ l rLr, r,r { iifq GA United Slales Districl 2 District 4 District 6 Dislrict I Commissions, Authorities, & Boards Vorunteer For' .,,,.::l:,:,_:,r" r;:::. ^:11::: r:il: Commission Meeting Agenda 9/21/2021 2:00 PM Smoking Ordinance Amendment Department:Planning & Development Department:Planning & Development Caption:Motion to approve Planning & Development Department amending Augusta, Georgia Code, Smoking Ordinance No. 7622, so as to provide that a Cigar Bar / Lounge is eligible for an indoor air certificate of exemption. (Approved by the Commission September 7, 2021- second reading) Background:At the August 3, 2021, regular meeting the Augusta Commission approved a motion to direct Planning & Development to prepare amendments to the smoking ordinance to provide for the establishment of cigar bar / lounge as a stand-alone business. Analysis:The proposed amendment will clarify the regulations for a cigar bar / lounge. Financial Impact:N/A Alternatives:Do not approve Recommendation:Approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo Cover Memo ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 4, ARTICLE 7, SMOKING PROHIBITIONS IN PUBLIC PLACES; BY DEFINING CIGAR BAR / LOUNGE, ADDING SECTION 4-2-84 (F), INDOOR AIR CERTIFICATE OF EXEMPTION – CIGAR BAR / LOUNGE; AND PROVIDING REGULATIONS FOR THE OPERATION OF A CIGAR BAR / LOUNGE; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT CIGAR BAR LOUNGE WITHIN THE JURISDICTION SHALL COMPLY WITH THE PROVISIONS OF THE AUGUSTA, GEORGIA CODE, AS FOLLOWS: SECTION 1. Title 4, Article 7, Smoking Prohibitions in Public Places, Section 4-2-78 Definitions, is hereby amended by adding new Section 4-2-78 (W) as set forth in “Exhibit A” hereto. SECTION 2. Title 4, Article 7, Smoking Prohibitions in Public Places Section 4-2-80 ( C) is hereby amended by deleting these sections in its entirety, AND new Section 4-2-80 ( C) is hereby inserted to replace the repealed sections as set forth in “Exhibit A” hereto. SECTION 3. Title 4, Article 7, Smoking Prohibitions in Public Places, Section 4-2-84 is hereby amended by adding new Section 4-2-84 (F ) as set forth in “Exhibit A” hereto SECTION 4. This ordinance shall become effective upon adoption. SECTION 8. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2021. __________________________ 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 ________________, 2021 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” (amendments in yellow) ARTICLE 7. SMOKING PROHIBITIONS IN PUBLIC PLACES Sec. 4-2-77. Purpose of Smoking Ordinance. The purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking and e-cigarettes in enclosed public places and enclosed places of employment; and (2) to support the right of nonsmokers to breathe smokefree air, and to recognize that the need to breathe smokefree air shall have priority over the desire to smoke in enclosed public places. Sec. 4-2-78. Definitions. The following words and phrases, whenever used in this Article, shall be construed as defined in this Section: A. "Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. B. "Business" means a sole proprietorship, partnership, joint venture, comoration, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional comorations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; and private clubs. C. "E-cigarette" means any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other legal substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or under any other product name or description. D. "Employee" means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit. and a person who volunteers his or her services for a non-profit entity. E. "Employer" means a person, business, partnership, association, corporation, including a municipal corporation, trust. or non-profit entity that employs the services of one or more individual persons. F. "Enclosed Area" Enclosed area means all space between a floor and ceiling that is bounded on all sides by walls, doorways or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. G. "Health Care Facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities. H. "Hookah" means a water pipe and any associated products and devices, which are used to produce fumes, smoke, and/or vapor from the burning of material including, but not limited to, tobacco, shisha. or other plant matter. I. "Hookah Bar" or "Hookah Lounge" means an establishment that derives more than eighty (80) percent of its quarterly gross revenue from the sale of shisha for consumption on the premised by customers and the sale of accessories used for smoking shisha. A hookah lounge does not allow individuals under the age of eighteen (18) to enter the premises, and does not have a permit or license to sell alcoholic beverages, but may serve food and nonalcoholic beverages for consumption on the premises by customers. J. "Place of Employment" means an area under the control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms. conference rooms, meeting rooms, classrooms. employee cafeterias, hallways, construction sites, temporary offices, and vehicles. A private residence is not a "place of employment" unless it is used as a child care, adult day care, or health care facility. K. "Playground" means any park or recreational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds or on Augusta, Georgia owned grounds. L. "Private Club" means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501. M. "Public Event" means an event which is open to and may be attended by the general public, including but not limited to, such events as concerts, fairs, farmers' markets, festivals, parades, performances, and other exhibitions, regardless of any fee or age requirement. N. "Public building" Any enclosed building, structure or indoor facility owned, operated, leased or managed by Augusta, Georgia which is used by or open to the public, including without limitation, public transportation, enclosed areas occupied by Augusta, Georgia staff, open office areas, shared offices, private offices, hallways, restrooms, escalators, elevators, stairways, lobbies, reception and waiting rooms, classrooms, meeting or conference rooms and auditoriums, on-site cafeterias, lunchrooms and lounges. 0. "Public Place" means an area to which the public is invited or in which the public is permitted, including but not limited to, all public buildings, banks, bars, educational facilities, gaming facilities, health care facilities, hotels and motels, laundromats, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas. theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a child care. adult day care, or health care facility. P. "Recreational Area" means any public or private area open to the public for recreational purposes, whether or not any fee for admission is charged, including but not limited to. amusement parks. athletic fields, beaches. fairgrounds, gardens, golf courses open to the public, parks, plazas. skate parks. swimming pools, trails, and zoos. Q. "Restaurant" means an eating establishment. including but not limited to, coffee shops. cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "restaurant" shall include a bar area within the restaurant. R. "Service Line" means an indoor or outdoor line in which one ( 1) or more persons are waiting for or receiving service of any kind. whether or not the service involves the exchange of money, including but not limited to, ATM lines, concert lines, food vendor lines. movie ticket lines. and sporting event lines. S. "Shopping Mall" means an enclosed public walkway or hall area that serves to connect retail or professional establishments. T. "Smoking" means inhaling. exhaling, burning. or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form. "Smoking" also includes the use of an e-cigarette which creates an aerosol or vapor. in any manner or in any form. or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Article. U. "Sports Arena" means a place where people assemble to engage in physical exercise. participate in athletic competition. or witness sports or other events. including sports pavilions. stadiums, gymnasiums. health spas. boxing arenas. swimming pools, roller and ice rinks. and bowling alleys. V. "Reasonable distance" means a distance that is sufficient to ensure indoor areas remain smoke-free by preventing smoke from infiltrating enclosed public places via any entrance. exit. window, vent. or air intake system of a building where smoking is prohibited. and to protect persons entering or exiting enclosed areas from involuntarily inhaling second-hand smoke. W. “Cigar Bar / Lounge” means a stand-alone retail establishment authorized to sell or serve alcohol for consumption on premises, as provided for in Augusta, Georgia Code, Alcoholic Beverages, Sections 6-2-1 through 6-2-145, and which certifies that 20 percent of more of their annual gross sales revenue is from the sale of cigars. Sec. 4-2-79. Application of Article to Augusta. Georgia Owned Public Buildings. Facilities and Property. All, enclosed areas. including buildings and vehicles owned. leased. or operated by Augusta. Georgia. as well as all outdoor property adjacent to such buildings and under the control of Augusta. Georgia. shall be subject to the provisions of this Article. Sec. 4-2-80. Prohibition of Smoking in Enclosed Public Buildings and Public Places. Except as otherwise provided, Smoking and e-cigarettes shall be prohibited in all enclosed public places. and within a reasonable distance of such places. within Augusta. Georgia including but not limited to, the following places: A. Aquariums. galleries. libraries. and museums. B. Areas available to the general public in businesses and non-profit entities patronized by the public, including but not limited to. banks. laundromats. professional offices. and retail service establishments. C. Bars. Smoking / vaping is prohibited in bars, except as otherwise specifically authorized in this Article under Cigar Bar / Lounge. D. Bingo facilities. E. Child care and adult day care facilities. F. Convention facilities. G. Educational facilities, both public and private. H. Elevators. I. Gaming facilities. J. Health care facilities. K. Hotels and motels. L. Lobbies. hallways, and other common areas in apartment buildings. condominiums, trailer parks. retirement facilities, nursing homes, and other multiple-unit residential facilities. M. Parking structures, both enclosed and semi-enclosed. N. Polling places. 0. Public transportation vehicles, including buses and taxicabs, owned by or under the authority of Augusta, Georgia. and ticket, boarding, and waiting areas of public transportation facilities, including bus, train. and airport facilities. P. Restaurants. Q. Restrooms, lobbies, reception areas, hallways, and other common-use areas. R. Retail stores. S. Rooms, chambers. places of meeting or public assembly, under the control of an agency, board, commission. committee or council of Augusta, Georgia. to the extent the place is subject to the jurisdiction of Augusta. Georgia. T. Service lines. U. Shopping malls. V. Sports arenas, including enclosed places in outdoor arenas. W. Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances. Sec. 4-2-81. Prohibition of Smoking in Enclosed Places of Employment. A. Except as otherwise provided in Sec. 4-2-84, smoking and e-cigarettes shall be prohibited in all enclosed areas of places of employment and a reasonable distance of such places. This includes, without limitation, common work areas, auditoriums. classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles. and all other enclosed facilities. B. This prohibition on smoking shall be communicated to all existing employees by the effective date of this Article and to all prospective employees upon their application for employment. Sec. 4-2-82. Prohibition of Smoking in Enclosed Residential Facilities. Smoking shall be prohibited in the following enclosed residential facilities and within a reasonable distance of such places: A. All private and semi-private rooms in nursing homes. B. At least 80 percent of hotel and motel rooms that are rented to guests. Sec. 4-2-83. No Prohibition of Smoking in Outdoor Public Places. Smoking and e-cigarettes shall not be prohibited in outdoor places, except within a reasonable distance of outside entrances, operable windows. and ventilation systems of enclosed areas where smoking and e-cigarettes are prohibited, so as to prevent tobacco smoke or vapor from entering those areas. Sec. 4-2-84. Where Smoking Not Regulated. A. Notwithstanding any other provision of this Article to the contrary, smoking and e- cigarettes shall not be prohibited in private residences, unless used as a childcare, adult day care, or health care facility. B. Except as otherwise provided in this article, smoking and e-cigarettes shall not be prohibited in private vehicles. C. Areas within the geographical confines of Augusta, Georgia wherein the Board of Commissioners of Augusta, Georgia does not have jurisdiction. including property belonging to the City of Hephzibah. the City of Blythe. the State of Georgia and the federal government. D. Hookah Bars and Lounges in existence as of the date of adoption of this section and which permit watemipe smoking on the premises as of the date of the adoption of this section. E. Retail Electronic Smoking device stores in existence as of the date of the adoption of this section and which permit electronic device usage as of the date of the adoption of this section. F. Indoor Air Certificate of Exemption. Certain establishments authorized for sale or service of alcohol for consumption on the premises are exempt from the prohibition of smoking contained therein as follows: 1.Cigar Bar / Lounge. A stand-alone establishment authorized to sell or serve alcohol for consumption on the premises, which certifies that 20 percent or more of their annual gross sales revenue is from the sale of cigars, shall be exempt provided that: a. Cigars are the only tobacco product consumed in the premises; b. Access to the establishment is denied to any person under the age of 21, c. Establishment does not employ any individual under the age of 21. d. Establishment pays a regulatory fee as provided for in Augusta, Georgia Code Section 2-1-3 (c), at the time of the issuance of the initial alcohol license, and thereafter at the time of the issuance of the alcohol license upon renewal thereof. (The regulatory fee is an annual fee paid at the time the establishment begins selling tobacco products, and each year thereafter when the alcohol license is renewed.) e. The certificate of exemption shall be displayed conspicuously in the manner of the alcohol license. f. Establishment shall install exterior sign indicating “cigar bar / lounge”. g. Such establishment shall not sell or permit the use of: 1. Vape products, including electronic smoking devices, component parts or e-liquids 2. Cigarettes (tobacco rolled in paper) 3. Unrolled tobacco 4. Hookah products such as “hookahs”, glass pipes or bongs h. Cigar Bar / Lounge shall not be located within 100 yards of another Cigar Bar / Lounge. i. Cigar Bar / Lounge must have a filtration system exceeding ninety-eight percent efficiency with all air within the lounge exhausted directly to the outside by an exhaust fan of sufficient size. Sec. 4-2-85. Declaration of Establishment or Outdoor Area as Nonsmoking. Notwithstanding any other provision of this Article. an owner, operator. manager. or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility. or outdoor area as a nonsmoking place. Smoking and e-cigarettes shall be prohibited in any place in which a sign conforming to the requirements of Section 4-2-86(A) is posted. Sec. 4-2-86. Posting of Signs and Removal of Ashtrays. The owner, operator, manager, or other person in control of a public place or place of employment where smoking and e-cigarettes are prohibited by this Article should: A. Clearly and conspicuously post "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) in that place. B. Clearly and conspicuously post at every entrance to that place a sign stating that smoking is prohibited. C. Clearly and conspicuously post on every vehicle that constitutes a place of employment under this Article at least one sign, visible from the exterior of the vehicle, stating that smoking is prohibited. D. Remove all ashtrays from any area where smoking is prohibited by this Article, except for ashtrays displayed for sale and not for use on the premises. Sec. 4-2-87. Nonretaliation; Nonwaiver of Rights. A. No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, customer, or resident of a multiple-unit residential facility because that employee, applicant, customer, or resident exercises any rights afforded by this Article or reports or attempts to prosecute a violation of this Article. Notwithstanding Section 4-2-91, violation of this Subsection shall be a misdemeanor, and upon conviction shall be subject to the penalties provided by section 1-6-1 for each violation. B. An employee who works in a setting where an employer allows smoking and e- cigarettes does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party. Sec. 4-2-88. Enforcement. A. This Article shall be enforced by the Augusta, Georgia Planning and Development Department Director or an authorized designee or any law enforcement officer of the Office of the Sheriff. B. Notice of the provisions of this Article shall be given to all applicants for a business license in Augusta, Georgia. C. Any citizen who desires to register a complaint under this Article may initiate enforcement with the Augusta, Georgia Planning and Development Department or any law enforcement officer of the Office of the Sheriff. D. The Health Department. Fire Department. or their designees shall, while an establishment is undergoing otherwise mandated inspections. inspect for compliance with this Article. E. An owner, manager, operator, or employee of an area regulated by this Article shall direct a person who is smoking in violation of this Article to extinguish the product being smoked. If the person does not stop smoking, the owner, manager, operator. or employee shall refuse service and shall immediately ask the person to leave the premises. If the person in violation refuses to leave the premises, the owner, manager, operator, or employee shall contact a law enforcement agency. The obligations of an owner. manager. operator, or employee under this sub-section shall only apply where the owner, manager, operator. or employee has knowledge of a smoking violation. F. Notwithstanding any other provision of this Article. an employee or private citizen may bring legal action to enforce this Article. G. In addition to the remedies provided by the provisions of this Section. the Department of Health. the Augusta, Georgia Administrator. the Planning and Development Department Director or any person aggrieved by the failure of the owner. operator. manager. or other person in control of a public place or a place of employment to comply with the provisions of this Article may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction. Sec. 4-2-89. Violations and Penalties. A. A person who smokes or uses an e-cigarette in an area where smoking and e- cigarettes are prohibited by the provisions of this Article shall be guilty of an infraction. punishable by a fine not exceeding fifty dollars ($50). B. Except as otherwise provided in Section 4-2-89(A). a person who owns. manages. operates. or otherwise controls a public place or place of employment and who fails to comply with the provisions of this Article shall be guilty of an infraction. punishable by: 1. A fine not exceeding one hundred dollars ($100) for a first violation. 2. A fine not exceeding two hundred dollars ($200) for a second violation within one (1) year. 3. A fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year. C. In addition to the fines established by this Section. violation of this Article by a person who owns. manages. operates. or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred. D. Violation of this Article is hereby declared to be a public nuisance. which may be abated by the Planning and Development Department Director by restraining order. preliminary and permanent injunction. or other means provided for by law. and Augusta. Georgia may take action to recover the costs of the nuisance abatement. including attorney's fees. E. Each day on which a violation of this Article occurs shall be considered a separate and distinct violation. Sec. 4-2-90. Public Education. Department of Health shall engage in a continuing program to explain and clarify the purposes and requirements of this Article to citizens affected by it. and to guide owners. operators. and managers in their compliance with it. The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this ordinance. Sec. 4-2-91. Governmental Agency Cooperation. The Augusta. Georgia Planning and Development Department Director shall annually request other governmental and educational agencies having facilities within Augusta, Georgia to establish local operating procedures in cooperation and compliance with this Article. This includes urging all Federal. State. Augusta. Georgia. and School District agencies to update their existing smoking control regulations to be consistent with the current health findings regarding secondhand smoke. Sec. 4-2-92. Other Applicable Laws. This Article shall not be interpreted or construed to permit smoking or the use of e- cigarettes where it is otherwise restricted by other applicable laws. Sec. 4-2-93. Liberal Construction. This Article shall be liberally construed so as to further its purposes. Sec. 4-2-94. Severability. If any provision. clause. sentence. or paragraph of this Article or the application thereof to any person or circumstances shall be held invalid. that invalidity shall not affect the other provisions of this Article which can be given effect without the invalid provision or application. and to this end the provisions of this Article are declared to be severable. Commission Meeting Agenda 9/21/2021 2:00 PM Z-21-62 Department:Planning and Development Department:Planning and Development Caption: Z-21-62 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the condition below petition by Margret McKie, requesting a Rezoning from Zone A (Agricultural) to Zone R-3B (Multiple-family Residential) affecting property containing approximately 1.84 Acres and known as 4717 Rollins Road. Tax Map 278-0-029-00-0. DISTRICT 8 1. Should the Group Home for Boys cease to operate the property shall revert to a Single Family Residential use. (No recommendation from the August 17, 2921 Commission meeting requested by the Planning & Development Department) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY:Cover Memo Cover Memo Commission Meeting Agenda 9/21/2021 2:00 PM Alcohol Ordinance Amendment Cigar Bar / Lounge Department:Planning & Development Department:Planning & Development Caption:For Approval. The Planning & Development Department recommends amending Augusta, Georgia Code, ALCOHOLIC BEVERAGES, Section 6-2-2 (v), so as to provide a definition for Cigar Bar / Lounge. (No recommendation from the September 7, 2021 Commission Meeting - requested by Planning & Development Department.) Background:At the August 3, 202, regular meeting the Augusta Commission approved a motion to direct Planning & Development to prepare amendments to the smoking ordinance to provide for the establishment of cigar bar / lounges as a stand-alone business. For clarity, the Alcohol Ordinance is amended to include the definition of a cigar bar / lounge. Analysis:The proposed amendment will clarify the regulations for a cigar bar / lounge. Financial Impact:N/A Alternatives:Do not approve Recommendation:Approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo Cover Memo ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6, CHAPTER 2, ARTICLE 1, ALCOHOLIC BEVERAGES, SECTION 6-2-2, DEFINITIONS; SO AS TO DEFINE CIGAR BAR / LOUNGE; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT CIGAR BAR / LOUNGE WITHIN THE JURISDICTION SHALL COMPLY WITH THE PROVISIONS OF THE AUGUSTA, GEORGIA CODE, AS FOLLOWS: SECTION 1. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-2 (v) is hereby amended by deleting this section in its entirety, AND new Section 6-2-2 (v) is hereby inserted to replace the repealed sections as set forth in “Exhibit A” hereto. SECTION 2. This ordinance shall become effective upon adoption. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2021. __________________________ 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 ________________, 2021 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” (Amended sections are underlined) Sec. 6-2-2. Definitions. The following are definitions of terms as used in this Chapter: (v) Lounge means a separate room connected with a part of and, adjacent to a restaurant or located in a hotel. (v) Cigar Bar / Lounge means a stand-alone retail establishment authorized to sell or serve alcohol for consumption on premises, and which certifies that 20 percent of more of their annual gross sales revenue is from the sale of cigars and complies with Augusta, Georgia Code, Title 4, Article 7, Smoking Prohibition in Public Places. The establishment may serve meals to be consumed on the premises and which also may provide live entertainment. Commission Meeting Agenda 9/21/2021 2:00 PM Regulatory Fee Cigar Bar / Lounge Department:Planning & Development Department:Planning & Development Caption:For Approval. The Planning & Development Department recommends amending Augusta, Georgia Code, Administrative and Regulatory Fee Structure, Section 2-1-3(c), so as to establish the regulatory fee for Cigar Bar / Lounge. (No recommendation from the September 7, 2021 Commission Meeting - requested by the Planning & Development Department) Background:At the August 3, 2021 regular meeting the Augusta Commission approved a motion to direct Planning & Development to prepare amendments to the smoking ordinance to provide for the establishment of cigar bar / lounges as a stand-alone business. Analysis:The proposed regulatory fee is associated with the need to monitor for compliance with the Augusta, Georgia Smoking Ordinance. Financial Impact:N/A Alternatives:Do not approve Recommendation:Approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo Cover Memo ORDINANCE NO. __________ AN ORDINANCE TO AMEND AUGUSTA, GEORGIA CODE SECTION 2-1-3(c) SO AS TO ADD A REGULATORY FEE FOR CIGAR BAR / LOUNGE; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION, AND IT IS HEREBY ORDAINED BY AUTHORITY OF SAME AS FOLLOWS: Section 1. Augusta, Georgia Code Section 2-1-3(c), is hereby amended by adding Cigar Bar / Lounge, to-wit: Sec. 2-1-3 (c). The regulatory fee schedule for persons in occupations and professions shall be as set below, and may be amended from time to time: Adult Entertainment Establishments $3,830.00 per year Adult Entertainment (live) $155. per day Amusement Parks $770.00 per year Arcades $385.00 per year Cigar Bar / Lounge $125 per year Craft Show Promoters $460.00 per year Dance Hall License incidental to Alcohol License $155.00 per year Entertainment Venue: $385.00 per year Flea Markets 1 through 10 rental spaces $460.00 per year 11 or more rental spaces $770.00 per year Fortune Tellers $770.00 per year Going Out of Business Sales $155.00 per 90 days (May be renewed for 60 days) $155.00 Hybrid Restaurant $550.00 per year Incidental Alcohol License $250.00 per year Second Hand Goods $155.00 per year Special Entertainment Permit $50.00 Street Vendors $55.00 per day Temporary and Transient Vendors $195.00 per day Wreckers $40.00 per year Taxicabs $40.00 per year Limousines $40.00 per year Vending Machines (per machine) $10.00 per year. Salvage Yards $350.00 SECTION 2. This ordinance shall become effective upon adoption. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2021. __________________________ 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 ________________, 2021 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: _________________________ Commission Meeting Agenda 9/21/2021 2:00 PM MOU's with Non-Governmental Agencies (NGO's) relative to the operations of city facilities Department: Department: Caption:Receive detailed presentation from the Administrator and staff regarding the operations of city-owned recreation facilities by non-governmental agencies as approved by the (Public Services Committee September 14, 2021). Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Page 1 of 18 AUGUSTA COMMUNITY CENTER PARTNERSHIP MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (“the Agreement”) is made and entered into this _______ day of ___________, 20_______, by and between AUGUSTA, GEORGIA (“Augusta”), a political subdivision of the State of Georgia, by and through the Augusta Department of Parks and Recreation and the [Community Partner]. WHEREAS, Augusta and [Community Partner] deems that it would be beneficial to both the Augusta taxpayers and local Augusta residents for [Community Partner] and Augusta to jointly operate [Name of the Community Center] (“Community Center”), [Address] (Address). WHEREAS, [Community Partner] will accept the responsibility to staff, develop, and implement sound programs for the best interest of this community; and NOW, THEREFORE, for and in consideration of the mutual promises and the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. RESPONSIBILITIES OF [Community Partner] 1. [Community Partner] shall provide staff and volunteer members for the Community Center. i. “Staff,” “staff members,” and/or “members of staff” is hereby defined as individuals who are certified in CPR and First Aid and are employees of [Community Partner]. Page 2 of 18 ii. “Volunteer members” are individuals who are certified in CPR and First Aid and have executed the “Volunteer Registration Form,” included herein (Appendix “A”). iii. Staff and volunteer members shall be subject to a background check, drug and alcohol testing, and any other pre-employment or employment guidelines set by Augusta for [Community Partner], the Community Center, and/or non-specific guidelines for operators of community centers owned by Augusta. [Community Partner] shall communicate to staff or volunteer members all restrictions, obligations, and responsibilities of [Community Partner] and [Community Partner’s] staff and volunteer members. 2. [Community Partner] shall provide adequate staffing levels of the Community Center during the operating hours of the Community Center. i. “Adequate staffing levels” is at the sole discretion of the Director of the Parks and Recreation Department of Augusta, but at no time shall be less than _ staff members. ii. The operating hours of the Community Center shall be as follows: 1. [List days of the week and the relevant opening and closing] 2. Operating hours 3. [Community Partner] shall provide adequate staffing levels of the Community Center during youth programming. Page 3 of 18 i. “Youth programming” are activities or events that are primary designed, dedicated, or intended for persons 18 years of age or younger, or for groups of people that are likely to include persons 18 years of age or younger. ii. Adequate staffing levels during youth programming is at the sole discretion of the Director of Parks and Recreation Department of Augusta, but at no time shall be less than one staff member or volunteer member per twenty persons 18 years of age or younger (“staff/youth ratio”). The Director of Parks and Recreation Department of Augusta reserves the right to modify the staff/youth ratio at any time, for any reason or for no reason, for any particular event or programming, for a series of events or programming, or for all youth programming at the Community Center and/or conducted by [Community Partner]. iii. [Community Partner] shall not conduct youth programming with an insufficient staff/youth ratio. If at any time during a youth program the staff/youth ratio is not equal to 1/20 or greater, or not equal to what had been modified by the Director of Parks and Recreation Department of Augusta or greater, [Community Partner] shall end the youth program immediately, taking into account the health and safety of participants, and may continue the program only when the staff/youth ratio complies with this subparagraph. Page 4 of 18 4. [Community Partner] shall be an organization incorporated by the State of Georgia, and at all times maintain good standing as such. [Community Partner] shall at all times be a tax-exempt organization under 501(c)(3) of the Internal Revenue Code. At the annual meeting, [Community Partner] shall provide the Director of the Parks and Recreation Department of Augusta proof of its good standing as an incorporated organization and its IRS tax filing for the previous financial year. 5. [Community Partner] shall provide staff for all rentals at the Community Center and follow the current rental guidelines provided by Augusta. The rental guidelines are attached and by reference made part of this agreement. (Attachment 3) 6. [Community Partner] shall develop, host, and supervise adult and youth programming for the Community Center. 7. [Community Partner] shall meet with Augusta annually (“the annual meeting”) to discuss operations and programs, as well as any changes, modifications, or amendments to this lease agreement and/or any fees that may need to be modified or implemented. The annual meeting shall be held no later than June 30 of the calendar year. 8. [Community Partner] shall maintain a current inventory of all supplies furnished by Augusta for the Community Center. A copy of this inventory shall be provided at the annual meeting. 9. [Community Partner]shall perform general maintenance of the interior/ exterior of the Community Center, which includes mopping, sweeping, and Page 5 of 18 picking up litter from the grounds. The Director of the Parks and Recreation Department has the sole discretion to determine the compliance of this paragraph and reserves the right to direct [Community Partner] to conduct specific maintenance activities on an irregular or regular basis for the Community Center’s particular needs or for the needs of Augusta. 10. [Community Partner] shall coordinate with Augusta’s Certified Playground Inspector to maintain a current safety inspection of all existing playground equipment, if applicable. The Director of Parks and Recreation Department, or an agent that the Director identifies to [Community Partner], shall be notified if [Community Partner] or any staff or volunteer member of [Community Partner] has a reasonable belief that the playground equipment poses a danger to health. [Community Partner], its staff, and/or its volunteer members shall undertake any obligations as requested by the Director or the Director’s agent in response to the notification of this subparagraph. 11. [Community Partner] agrees to indemnify and hold harmless Augusta and its employees and agents from and against any and all liabilities, claims, suits, demands, damages, losses and expenses, including attorneys’ fees, arising out of or resulting from [Community Partner]’s operation of the Community Center or any other part of this Agreement. [Community Partner] [Community Partner] further agrees that the foregoing agreement to indemnify and hold harmless applies to any claims for damage or injury to itself and/or any individuals employed or retained by it in connection with any changes, additions, alterations, modifications and/or improvements made to the Community Center, and hereby releases Augusta and its employees and Page 6 of 18 agents from liabilities, claims, suits, demands, damages, losses and expenses, including attorneys’ fees in connection with the aforementioned. 12. [Community Partner] shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy that will ensure and indemnify Augusta against liability or financial loss resulting form injuries occurring to persons or property or occurring, as a result of any negligent error, act or omission of [Community Partner] during the term of this Agreement. [Community Partner] shall provide, at all times, Worker’s Compensation insurance in accordance with the laws of the State of Georgia. Augusta will be named as an additional insured with respect to [Community Partner]’s liabilities hereunder in insurance coverages. The policies shall be written by a responsible company(s), to be approved by Augusta, and shall be noncancellable except on thirty (30) days’ written notice to Augusta.The requirements contained herein, as well as City’s review or acceptance of insurance maintained by [Community Partner] is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by [Community Partner] under this Agreement: i. Commercial General Liability – Combined single limit of no less than $1,000,000 each occurrence and $2,000,000 aggregate. Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability. Page 7 of 18 ii. Automobile Liability – Limits of no less than $1,000,000 Combined Single Limit. Coverage shall include liability for Owned, Non-Owned and Hired automobiles. In the event [Community Partner] does not own automobiles, [Community Partner] agrees to maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Auto Liability policy. Automobile coverage is only necessary if vehicles are used in the provision of services under this Contract and/or are brought on an Augusta site. iii. Additional Insured – [Community Partner] agrees to endorse the Augusta as an Additional Insured on the Commercial General Liability. The Additional Insured shall read ‘Augusta as its interest may appear’. iv. Certificate of Insurance – [Community Partner] agrees to provide Augusta a Certificate of Insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect. If [Community Partner] receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, [Community Partner] agrees to notify Augusta within five (5) business days with a copy of the non-renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. Page 8 of 18 13. [Community Partner] shall follow all safety guidelines set forth by Augusta.[Community Partner] shall immediately notify Augusta of any violation of law, including but not limited to trespass, burglary, theft, assault, and/or battery. [Community Partner] shall immediately notify Augusta in the event of any property damage to the Community Center. [Community Partner] shall immediately notify Augusta in the event of any medical emergency, accident resulting in injury or property damage, or in the event of break-ins, property damage, emergencies, injuries, or incidents. An Augusta-issued incident report must be submitted immediately following the incident. 14. [Community Partner] will abide by all federal, state, and local laws. 15. [Community Partner] shall expend all revenues received by [Community Partner] for services rendered at the Community Center for materials, supplies, or other services that directly affect the operations of the Community Center. 16. [Community Partner] shall inform Augusta as soon as possible of all changes in staffing levels, changes in personnel, including volunteers. [Community Partner] shall also communicate as soon as possible, but at least 5 working days in advance, all changes in programming, hours of operation, days of operation, and implementation of new programs. [Community Partner] will provide schedules with program descriptions for any new program. 17. [Community Partner] shall provide a quarterly report of usage and revenue for revenue-based and non-revenue based programs, as well as facility rentals. The report shall contain at least the following: Number of patrons by program Page 9 of 18 / activity / rental, number of rentals, revenue by program / activity / rental. Augusta shall provide a reporting template similar to the reports used by other community center. 18. [Community Partner] shall provide an annual summary report of revenues and expenditures. 19. [Community Partner] acknowledges and consents that at all times the Community Center remains the property of Augusta. Augusta may, at any time, for any reason or for no reason, with notice or without notice, enter and inspect any part or portion of the Community Center and its premises. 20. [Community Partner] shall not utilize the Community Center for any purpose other than for the benefit of the population at large. [Community Partner], its officers, staff, and volunteer members shall not utilize the Community Center or any part or portion thereof except as necessary to perform its obligations and responsibilities under this Agreement. II. RESPONSIBILITIES OF AUGUSTA 1. Augusta shall provide utilities for the Community Center, as well as provide repairs and technical maintenance. Whether any particular obligation or responsibility of “maintenance” is an obligation of Augusta or of [Community Partner] is at the sole discretion of the Director of the Parks and Recreation Department of Augusta, Georgia. 2. Augusta shall provide for trash collection and recycling from the existing refuse and recycling bins on the premises of the Community Center. Augusta shall provide janitorial supplies for Community Center. Page 10 of 18 3. Augusta shall comply with all federal, state, and local laws, including, but not limited to, ensuring that the Community Center complies with the Americans with Disabilities Act (ADA) for the Community Center. 4. Augusta shall provide guidelines, manuals, or rules concerning any obligation or responsibility of [Community Partner] under this Agreement. 5. Augusta shall issue keys for the Community Center to [Community Partner]. [Community Partner] shall identify each person to whom a key is to be issued. At no time may [Community Partner] or any person to whom a key is issued distribute the keys to any other person or organization or copy the keys. Augusta may, at any time, for any reason or for no reason, demand the return of any key or deny the issuance of a key to any person. [Community Partner] is wholly responsible for the keys covered by this term. 6. Augusta shall be responsible for managing any and all improvements to the Community Center, park, or other property owned by Augusta regardless of funding source. 7. Augusta shall provide, at all times, contacts for persons within Augusta to [Community Partner] for [Community Partner] to perform its obligations and responsibilities under this Agreement. III. GENERAL TERMS 1. The law of the State of Georgia shall govern the Agreement between Augusta and [Community Partner] with regard to its interpretation and performance, and any other claims related to this agreement. All claims, disputes and other matters in question between Augusta and [Community Partner] arising out of Page 11 of 18 or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The [Community Partner], by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. 2. [Community Partner] acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, [Community Partner] is deemed to possess knowledge concerning Augusta's ability to assume contractual obligations and the consequences of [Community Partner]'s provision of goods or services to Augusta under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the [Community Partner] may be precluded from recovering payment for such unauthorized goods or services. Accordingly, [Community Partner] agrees that if it provides goods or services to Augusta under a contract that has not received proper legislative authorization or if the [Community Partner] provides goods or services to Augusta in excess of the any contractually authorized goods or services, as required by Augusta's Charter and Code, Augusta may withhold payment for any unauthorized goods or services provided by [Community Partner]. [Community Partner] assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Page 12 of 18 however characterized, including, without limitation, all remedies at law or equity. 3. The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. 4. The term of this Agreement shall terminate absolutely and without obligation on the part of Augusta each and every December 31st, unless terminated earlier in accordance with the termination provisions of the Agreement. This Agreement automatically renews on each January 1st, unless terminated in accordance with the termination provisions of the Agreement. This Agreement terminates absolutely, with no further renewals, on [DATE], which is five (5) years from the Effective Date of this Agreement. 5. This Agreement shall supersede any and all previously executed agreements between the parties. 6. This Agreement constitutes the final agreement between the parties. It is the complete and exclusive expression of the parties’ agreement on the matters contained in this Agreement. All prior and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement. The provisions of this Agreement cannot be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. In entering into this Agreement, neither party has relied upon any statement, representation, warranty or agreement of any other party except for those expressly contained in this Agreement. There are no conditions precedent to the effectiveness of this Agreement, other than any that are expressly stated in this Agreement. Page 13 of 18 7. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non- enforcement prevent such party from enforcing each and every term of this Agreement thereafter. 8. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law. 9. This relationship is intended solely for the mutual benefit of the parties hereto, and there is no intention, express or otherwise, to create any rights or interests for any party or person other than [Community Partner] and Augusta; without limiting the generality of the foregoing, no rights are intended to be created for any student, parent or guardian of any student, spouse, next of kin, employer, prospective employer, or any other third party. 10. Neither party, or its agents or employees, is an agent, employee, or servant of the other party. Augusta and [Community Partner] acknowledge and agree that the volunteer participants are not employees of [Community Partner] or Augusta by reason of such participation. Volunteer participants shall in no way hold themselves out as employees of [Community Partner] or Augusta. 11. Except as otherwise provided in this Agreement, [Community Partner] may not transfer, sell, or otherwise contract with any other person or organization its obligations or responsibilities in this Agreement without prior approval of Augusta. IV. TERMINATION AND NOTICES Page 14 of 18 1. To the extent that it does not alter the scope of this Agreement, Augusta may unilaterally order a temporary halt of the performance by [Community Partner] under this Agreement. 2. Failure of the [Community Partner], which has not been remedies or waived, to perform or otherwise comply with a material condition of the Agreement shall constitute default. Augusta may terminate this contract in part or in whole upon written notice to [Community Partner] pursuant to this term. 3. The parties may terminate this Agreement in part or in whole upon sixty (60) days’ written notice to the other party. 4. "Force Majeure Event" means any act or event that (a) prevents a party (the "Nonperforming Party") from performing its obligations or satisfying a condition to the other party’s (the "Performing Party") obligations under this Agreement, (b) is beyond the reasonable control of and not the fault of the Nonperforming Party, and (c) the Nonperforming Party has not, through commercially reasonable efforts, been able to avoid or overcome. If a Force Majeure Event occurs, the Nonperforming Party is excused from the performance thereby prevented and from satisfying any conditions precedent to the other party’s performance that cannot be satisfied, in each case to the extent limited or prevented by the Force Majeure Event. When the Nonperforming Party is able to resume its performance or satisfy the conditions precedent to the other party’s obligations, the Nonperforming Party shall immediately resume performance under this Agreement. The relief offered by this paragraph is the exclusive remedy available to the Performing Party with respect to a Force Majeure Event. A Force Majeure Event includes, Page 15 of 18 but is not limited to: epidemics, pandemics, declared national, state, local states of emergency, hurricanes, tornadoes, floods, severe and unexpected acts of nature, or the availability of funds in the budget of Augusta. Page 16 of 18 [SIGNATURES ON THE FOLLOWING PAGE] IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below. [COMMUNITY PARTNER] Augusta, Georgia By: By: Name: Name: Title: Title: Date: Date: Attest: __________________________________ Lena J. Bonner, Clerk of Commission Address for Notices: Address for Notices: [COMMUNITY PARTNER] Augusta, Georgia __________________ 535 Telfair Street, Suite 200 __________________ Augusta, GA 30901 Attention: ____________ Attention: Mayor Hardie Davis, Jr. With copies to: Page 17 of 18 APPENDIX A VOLUNTEER REGISTRATION AUGUSTA I, ______________________________. Wish to participate in Augusta’s volunteer program by volunteering to work at the Augusta____________________ ______________________________________________________________________________ ______________________________________________________________________________ _____________(describe work which will be done) for _____________________ hours per week from ________________________ through ___________________________, ___________. I understand that Augusta may cancel my participation in its program at any time, for any or no reason. I understand that I will receive no payment for my participation and I do not wish to receive, and hereby decline, payment. I understand that I am not an employee of Augusta, and that I am not, and will not be, eligible for workers’ compensation coverage or other benefits. The particular volunteer services which I am to perform for Augusta have been explained to me, and I hereby assume all risks and hazards incidental to my engaging in these volunteer services. I hereby release and covenant not to sue Augusta, the Augusta- Richmond County agents, employees and representatives from any and all liability in connection with my participation in the volunteer program. ________________________________________ Signature Printed Name: ____________________________ Date Signed: _____________________________ Sworn to and subscribed before me this _____ day of _____________, 2018. ____________________ Notary Public My Commission Expires: Page 18 of 18 ____________________ Parks and Recreation Operations Recommendation for Jamestown, W. T. Johnson, and Eastview Current Modus Of Operation •W. T. Johnson Community Center, Jamestown Community Center and Eastview Community Center are operated by community partners. •The previous MOU for W. T. Johnson has expired in 2019 and the MOU for Eastview was entered into in 2001 and has never been updated. •Community Partners receive revenues, Augusta provides facility, utilities, and program supplies. •Limited control over programming, facility usage, community engagement. •Programming at the centers depends on volunteers and community partner’s availability. $0.00 $5,000.00 $10,000.00 $15,000.00 $20,000.00 $25,000.00 $30,000.00 $35,000.00 $40,000.00 $45,000.00 Eastview Jamestown W. T. Johnson Current Expenses Option 1: Community Partners manage with updated MOU Key Elements of the updated MOU's •NGO’s are required to perform background checks and maintain records of all staff to include volunteers •Illustrate ability to maintain appropriate level of staffing as required by Parks and Recreations for all youth related programs and/or activities •Shall maintain at all times status of a tax-exempt organization under 501(c)(3) of the internal revenue code •Shall maintain a current inventory of supplies and equipment provided by the City of Augusta •Shall provide proof of Commercial General Liability of no less than $1M each occurrence and $2M aggregate •Shall provide quarterly report of usage and revenue for all revenue-based and non-revenue based programs, as well as facility rentals •Shall provide an annual summary report of revenues and expenditures Option 2: Operation by Parks & Recreation Deputy Director Program Manager Recreation Specialist Volunteers Community Partners Programs Meets annually with community partners, volunteer groups, evaluates community partnerships, manages agreements. Oversees partnerships and programming, approves fees and programs, coordinates schedules and ensures programming meets Augusta standards. Manages community center, responsible for daily operations, helps with the coordination of volunteers, community partners, performs all administrative tasks. Leads programming and part time staff at the community center. Community Partners provide programming in concert with Parks & Recreation programming and volunteers. Example: Jamestown Community Center •One Recreation Specialist, One Recreation Associate, One Maintenance Worker (shared 1/3 - 2 hours per day) •Several community partners interested in providing programming. •Parks & Recreation provides “baseline” programs for all age groups, community partners provide programming in their specific area of expertise (afterschool care, computer literacy, fitness, etc.) •Programming costs will slightly increase, staffing can be provided by restructuring of current staffing levels. •Staff hours: 9am - 1pm & 2pm - 6pm; Community partners receive key on as-needed-basis. •MOU or usage agreement defines specific responsibilities and accountability standards for community partners. Staff*: Those costs will be covered by restructuring staffing levels. $0.00 $10,000.00 $20,000.00 $30,000.00 $40,000.00 Staff* Facility Maintenance Programming Utilities Jamestown Community Center BudgetCurrent BudgetProposed Option 3: RFP With several community partners showing interest in operating community centers, Augusta could also consider procurement of a community partnership through a request for proposals. This would allow a satisfactory level of oversight and also provide accountability measures. Conclusion: Department Recommendation Parks & Recreation provides staffing and operates the community centers. Community partners can enter into a MOU to work together with Parks & Recreation and provide programming. Questions? Commission Meeting Agenda 9/21/2021 2:00 PM Orion Waste Solutions Contract Assignment Change Department: Department: Caption:Consider a request from ORION Waste Solutions for contract assignment change. (No recommendation from Engineering Services Committee) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo US-DOCS\126302536.2 Orion Draft - 9/7/21 CONSENT THIS CONSENT (this “Consent”) is made as of this day of , 2021, by and between Augusta, Georgia, a political subdivision of the State of Georgia (“Augusta”) and Inland Waste Solutions, LLC, a Delaware Limited Liability Company (“Inland”). R E C I T A L S WHEREAS, Augusta and Inland are Parties to (i) a certain Augusta, Georgia Solid Waste and Recyclables Collection Agreement, dated as of August 7, 2012 as amended by that First Amendment to the Augusta, Georgia Solid Waste and Recyclables Collection Agreement, dated October 20, 2020 (the “SWRCA”), and (ii) a certain Front Loading Services Agreement, by and between Augusta, Georgia and Inland as amended by that letter dated May 4, 2020 (the “FLSA” and together with the SWRCA, the “Agreements”); WHEREAS, Inland intends to enter into a transaction (the “Acquisition”) pursuant to which all of the equity interests in Inland will be sold to Lakeshore Recycling Systems, LLC, or an affiliate thereof; WHEREAS, Immediately prior to the Acquisition, Inland will sell and transfer to Coastal Waste and Recycling, Inc. (or an affiliate thereof) (“Coastal”) the Agreements (the “Transaction”); and WHEREAS, Section 20.3 of the SWCRA and Section 18.3 of the FLSA provide that an assignment of each such agreement by Inland requires Augusta’s prior written consent (the “Assignment”). WHEREAS, it is a condition to the consummation of the Transaction and the Assignment that Augusta consent to the Assignment. NOW, THEREFORE, and in consideration of the foregoing recitals, which are incorporated herein, the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto hereby agree as follows: 1. Augusta hereby (a) consents, in advance, to the Assignment and the Transaction, (b) waives any right to declare a breach of the Agreement by Inland resulting from the Assignment or the Transaction, and (c) agrees that (i) the Agreements are in full force and effect, (ii) no default exists under the Agreements (or, if any such default does exist, that Augusta is hereby waiving it), and (iii) the copy of the Agreements (together with all amendments thereto) that are attached hereto as Exhibit A have not been amended, modified or supplemented. Augusta’s consent to the Assignment and the Transaction shall constitute Augusta’s agreement that Coastal shall be entitled continue to enforce the Agreement against Augusta and that, similarly, Augusta shall have the right to continue to enforce the Agreement against Coastal after the consummation of the Assignment and the Transaction. 2. Except as provided herein, the Agreement shall remain in full force and effect. 3. Augusta and Inland acknowledge and agree that Coastal shall be a third party beneficiary of this Consent and that this Consent may not be amended or modified in any manner by the Parties hereto without receiving Coastal’s prior written consent. [Signature Page Follows] 2 US-DOCS\126302536.2 IN WITNESS WHEREOF, the parties hereto have entered into this Consent as of the date first above written, intending to be legally bound hereby. AUGUSTA, GEORGIA By: Name: Title: Attest: Date: INLAND WASTE SOLUTIONS, LLC By: Name: Title: Attachment number 2 US-DOCS\126302536.2 Exhibit A CONSENT THIS CONSENT (this “Consent”) is made as of this day of , 2021, by and between Augusta, Georgia, a political subdivision of the State of Georgia (“Augusta”) and Inland Waste Solutions, LLC, a Delaware Limited Liability Company (“Inland”). R E C I T A L S WHEREAS, Augusta and Inland are Parties to (i) a certain Augusta, Georgia Solid Waste and Recyclables Collection Agreement, dated as of August 7, 2012 as amended by that First Amendment to the Augusta, Georgia Solid Waste and Recyclables Collection Agreement, dated October 20, 2020, and further extended as approved by the Commission on September 7, 2021 (the “SWRCA”), and (ii) a certain Front Loading Services Agreement, by and between Augusta, Georgia and Inland as amended by that letter dated May 4, 2020 (the “FLSA”), and (iii) a certain Augusta Landfill Solid Waste Disposal Agreement dated March 19, 2019 (the “ALSWDA”); (the ALSWDA and FLSA, together with the SWRCA, the “Agreements”) WHEREAS, Inland intends to enter into a transaction (the “Acquisition”) pursuant to which all of the equity interests in Inland will be sold to Lakeshore Recycling Systems, LLC, or an affiliate thereof; WHEREAS, Immediately prior to the Acquisition, Inland will sell and transfer to Coastal Waste and Recycling, Inc. (or an affiliate thereof) (“Coastal”) the Agreements (the “Transaction”); and WHEREAS, Section 20.3 of the SWCRA, Section 18.3 of the FLSA and Section 10.1 of the ALSWDA provide that an assignment of each such agreement by Inland requires Augusta’s prior written consent (the “Assignment”). WHEREAS, it is a condition to the consummation of the Transaction and the Assignment that Augusta consent to the Assignment. NOW, THEREFORE, and in consideration of the foregoing recitals, which are incorporated herein, the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto hereby agree as follows: 1. Augusta hereby (a) consents, in advance, to the Assignment and the Transaction, (b) waives any right to declare a breach of the Agreement by Inland resulting from the Assignment or the Transaction, and (c) agrees that (i) the Agreements are in full force and effect, (ii) no default exists under the Agreements (or, if any such default does exist, that Augusta is hereby waiving it), and (iii) the - Agreements (together with all amendments thereto) that are in effect will be transferred over to Coastal in their full force and have not been amended, modified, or supplemented; 2. Augusta’s consent to the Assignment and the Transaction shall constitute Augusta’s agreement that Coastal shall be entitled continue to enforce the Agreement against Augusta and that, similarly, Augusta shall have the right to continue to enforce the Agreement against Coastal after the consummation of the Assignment and the Transaction. 3. Except as provided herein, the Agreement shall remain in full force and effect. 4. Augusta and Inland acknowledge and agree that Coastal shall be a third party beneficiary of this Consent and that this Consent may not be amended or modified in any manner by the Parties hereto without receiving Coastal’s prior written consent. [Signature Page Follows] IN WITNESS WHEREOF, the parties hereto have entered into this Consent as of the date first above written, intending to be legally bound hereby. AUGUSTA, GEORGIA By: Name: Title: Attest: Date: INLAND WASTE SOLUTIONS, LLC By: Name: Dean Kattler Title: Chief Executive Officer Commission Meeting Agenda 9/21/2021 2:00 PM COVID-19 Service Cost Renumeration by using the CNG ORION / Metropolitan Waste Department:Augusta Commissioner Department:Augusta Commissioner Caption:Reconsider the Commission's September 7, 2021 approval of the request for Facility Construction Credits and discussion of the remaining 2-year Contract Extension with ORION / Metropolitan Waste. (Requested by Commissioner Ben Hasan) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo 12600 Automobile Blvd. Clearwater, FL 33762 WWW.ORIONWASTE.COM August 23rd, 2021 City of Augusta / Richmond County Board of Commissioners 535 Telfair Street Augusta, GA. 30901 RE: Letter sent to ARC Staff - Request for COVID-19 Service Cost Renumeration, Remaining 2- year Contract Extension and Performance Bond Adjustment – ORION / Metropolitan Commissioners, I appreciate the time you are allowing us to present our requests before you that ORION Waste and Metropolitan Waste (Metro) has previously submitted in regards to the unprecedented event called the Covid 19 pandemic. These requests are outlined in brief below with the supporting detail in the attached document dated August 4th , 2021, to the Environmental Services Director, which is a follow-up communication from May 17th , 2021, meeting with the City Administrator, the previous ES Director and Commissioner Garrett. Covid 19 Renumeration Relief – (Item #1 on the attached document) Request: That the Commission approves the deferment of the last four CNG Construction Credits to offset the additional Covid19 expenses for the time period of April 1st, 2020 to April 30th, 2021 to Orion. Final Contract Extension Request - (Item #2 on the attached document) Request: That the Commission approves the remaining 2-year contract extension for Collection Zones 2 and 3 that is served by Orion and Metropolitan. It is our request that you consider these items favorably and thank you in advance for your consideration. Please reach out to either one of us for any comments or questions. Sincerely, Brad Avery Mr. James Brown, CEO VP - Business Development Metropolitan Waste Orion Waste Solutions 706-83-1010 813-489-9370 Commission Meeting Agenda 9/21/2021 2:00 PM Waste Management /A1 Sanitation two-year contract extension Department:Waste Management/A1 Sanitation Department:Waste Management/A1 Sanitation Caption:Motion to approve a request from Waste Management /A1 Sanitation for a two-year contract extension in accordance with the approval of ORION's two year contract extension. (Requested by Commissioner Ben Hasan) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/21/2021 2:00 PM Juvenile Justice Incentive Grant Department:Juvenile Court Department:Juvenile Court Caption:Motion to approve acceptance by the Juvenile Court of Richmond County of a $390,000 non matching grant to provide Multisystemic Therapy and Aggression Replacement Training to reduce the rate of felony commitments to DJJ and Short Term Program Sentences. Background:The Richmond County Juvenile Court has received a $390,000 grant to provide Multi-Systemic Therapy (MST) and Aggression Replacement Training (ART) to reduce delinquent behavior. Analysis: Financial Impact:No local match required. Alternatives: Recommendation: Funds are Available in the Following Accounts: Will setup org key in fund 220. REVIEWED AND APPROVED BY: Cover Memo .L(E;r'!.;K!.;l\UE 1\U .OFFICE OFCRIUINAL JI'STICE u/t"|t 'dn' Iay Neal, Directorlriminal- Justice Coordinating Council )ate Executed: 06/08/2t THE @VERIIOR COORDTNATING COT'NCIL .is award is made under the State of Georgia Juvenile Justice Incentive Grant (JJIG) 'ogram and is subject to the administrative rul-es establ-ished by the Crimina1 Justice,ordinating Counc11. The purpose of the JJIG program is to provide funding for .venile courts to serve youth in the communj-ty who woul-d otherwise be commj-tted to.orgia's Department of Juvenil-e Justice. .is Subgrant shall- become effective on the beginning date of the grant period, ovided that within forty-five (45) days of the award execution date (beIow) the'operly executed original of this "Subgrant Award, is returned to the Criminal stice Coordinating Council-. AGENCY APPROVAL ST'BGRA}ITEE APPROVAI ST'BGRAIIT ATTARD IBGRjAIITEE : Richmond County IPLE}TENTING AGENCY; Augusta/Richmond County TOJECT NAIIE: Juvenil-e Justice Incenti-ve Grant ,BGRAIIT NIIMBER: Y22-8-007 FEDERiAI FUNDS: $ 390, 000 IIATCHING FIINDS: $ O TOTAL FUNDS: $ 390,000 GRAIIT PERIOD: 07 /07/27-06/30/22 Signature of Authorized Official-Date Typed Name e Title of Authorized Official 58-220421 4-004 Employer Tax Identification Number (EIN) *********rr************************************************************************** iTERNAL USE ONLY TRANS CD REFERENCE ORDER EEF DATE TYPE PAY DATE INVO]CE CONTRACT # 702 01 1 01 /0]-/27 Y v22-8-007 OVERR]DE ORGAN CLASS PROJECT VENDOR CODE 2 46 4 01 Tnncnt i rra DESCR]PT]ON 25 CHARACTERS EXPENSE ACCT 6t2412021 Mail - DaCara Brown - Outlook IEXTERNALI FY22 JJIG Notification Stephanie M ikkelsen < SM ikkelsen@cjcc.ga.gov> Mon6/7/2021 7:57 PM To: Keith Johnson <kbj@keithbjohnsonlaw.com>; DaCara Brown <DBrown@augustaga.gov> Good Afternoon, Congratulations. lt's my pleasure to inform you that the Criminal Justice Coordinating Council has awarded Augusta-Richmond County a total of 5390,000 as part of the FY22 Juvenile Justice lncentive Grant Program. We will be sending a separate email containing the award packet, instructions on how to submit the packet, and additional guidance regarding budgets later this week. Thank you for your dedication to helping our youth and we look forward to continue working with you all! Respectfully, Stephanie Stephanie Mikkelsen Juvenile Justice Program Director Giminal Justice Coordi nating C-ouncil 104 Marietta St. NW, Suite 440, Atlanta, GA 30303 O:404.657.1959 | M: 404.275.6511 lVRl: 404.902.8826 EtrtrT@ [NOTICE: This message originated outside of the City of Augusta's mail system -- DO NOT CLICK on links, open attachments or respond to requests for information unless you are sure the content is safe.l https://oulook.office365.com/mait/id/AAQkAGQIZDU2ZW\SLTZhZGEtNDUl Nyl hZDZkLTE2Nzc2ZGFiYmQzNwAQADmeHCAF9ELel3HL14pnaAS%3D 111 BRIANP.KEMP GOVERNOR Jwrc7,2021 JAYNEAL DIRECTOR The Honorable Keith B. Johnson Augusta-Richmond County Juvenile Court 535 Telfair Street, 6m Floor, Suite 610 Augusta, Georgia 30901 Dear Judge Johnson, Congratulations! I am pleased to inform you that the Criminal Justice Coordinating Council has awarded a grant to Augusta-Richmond County in the amount of $3901000 effective July 1, 2021. Attached to the email, you will find the award documentation for this state-funded grant award. This year awardees will need to submit their packet via Formstack. The link for the Formstack is included bgre. As a reminder, award packets are due 45 days after they are received. Please note, award recipients may begin expending grant funds for FY2022 on July l, 2021 prior to the grant award being accepted and special conditions agreed to, however, all grant award documents must be approved prior to the first reimbursement. If you have any questions regarding the execution of the grant award documents or the administration of your project, please feel free to contact Stephanie Mikkelsen, Juvenile Justice Program Director at sMikkelsen@cjcc.ga.gov. I look forward to working with you on this exciting initiative and advancing services for our state's juveniles in a truly meaningful way. Sincerely, -tu' tfrd/ Jay Neal Executive Director 104 MARIETTA STREET NW, SUITE 440 | ATLANTA, GEORGIA 30303 404.657 .t9s6 | 87 7 .231.6590 | 404.657. l 957 FAX CJCC.GEORGIA.GOV AGENDA ITEM REQUEST FORM Commission meetings: First and third Tuesdays of each month - 2:00 p.m. Committee meetings: Second and last Tuesdays of each month - 1:00 p.m. Commission/Committee: (Please check one and insert meeting date) Commission Date of Meeting '/ Public Safety Committee Date of Meeting .luty t. zo21 Public Services Committee Date of Meeting Administrative Services Committee Date of Meeting Engineering Services Committee Date of Meeting Finance Committee Date of Meeting Contact Information for IndividuaUPresenter Making the Request: Name: Honorable Keith B. Johnson Address: 535 Telfair Street. Suite 610 TelephoneNumber: 706-821-118s Fax Number: 7^ -er4-l4ol E-Mail Address: dbrown@augustaga gov Caption/Topic of Discussion to be placed on the Agenda: The Juvenile Justice lncentive Grant Proqram Fundinq Committe has awarded a qrant to Augusta Richmond County Juvenile Court a grant in the amount of $390,000 effective July 1, 2021. Commission approval is needed for acceptance of said award to use for Aqgression Replacement Therapy (ART) and Multi-Systemic Therapy (MST) Please send this request form to the following address: Ms. Lena J. Bonner Telephone Number: 706-821-1820 Clerk of Commission Fax Number: 706-821-1838 Suite 220 Municipal Building E-Mail Address: nmorawski@augustaga.gov 535 Telfair Street Augusta, GA 30901 Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk's Oflice no later than 9:00 a.m. on the Thursday preceding the Commission and Committee meetings of the following week. A five-minute time limit will be allowed for presentations. Commission Meeting Agenda 9/21/2021 2:00 PM Affidavit Department: Department: Caption:Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo