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HomeMy WebLinkAbout2009-09-28-Meeting Agendawww.augustaga.gov Finance Committee Meeting Committee Room- 9/28/2009- 1:15 PM FINANCE 1. Motion to approve the use of an internet auction service, GovDeals.com, for the purpose of disposing of government surplus items. Attachments 2. Consider a request by Ms. Carrie Wilkerson to discuss county taxes. (Referred from September 8 Finance) Attachments 3. Motion to approve a Resolution of the Development Authority of Richmond County requesting the Consolidated Government of Augusta- Richmond County to allocate the County's recovery zone facility bond limitation to the Authority and International Paper Company for the benefit of International Paper Company and to designate an area within the county as a recovery zone. Attachments 4. Consider a request from Dr. Leonard Wilensky for an abatement of 2009 taxes for property located at 1456 Walton Way. (Referred from September 8 Finance) Attachments 5. Consider a request from Ms. Joyce Watkins-Epps for a refund of overpayments on taxes for property located at 2805 Brentway Drive. Attachments 6. Discuss the lighting of 80 banners added last year in Districts 1-8. (Referred from September 8 Finance) Attachments 7. Approve Resolution authorizing the settlement of a property damage, continuing trespass, and continuing nuisance claim filed by Lucy Mastej in the Superior Court of Richmond County, Georgia for the aggregate amount of $27,000.00 and authorizing the County Administrator to disburse to Lucy Mastej the amount of $27,000.00. Attachments 8. Update authorized staff as signatories for bank accounts. Attachments Finance Committee Meeting 9/28/2009 1:15 PM 2009 Internet Auction Department:Finance Department, Fleet Management Division Caption:Motion to approve the use of an internet auction service, GovDeals.com, for the purpose of disposing of government surplus items. Background:The Augusta Commission is currently relying on an annual public auction for the disposal of all surplus and excess property. This auction is held once each year at 1568 Broad Street the Fleet Maintenance area. In the last two years a significant amount of “non-capital” small items requiring warehousing has created an administrative and storage problem for Fleet Management. The best case scenario would be to be able to dispose of these items when they became available for sale which would reduce the administration and storage requirements. The longer surplus items remain in the “custody” of the warehouse or holding area at Fleet Management the more they depreciate in value and the more chance there is for vandalism and/or theft. Augusta could be selective in what items are offered through this service and still host an annual auction for items that traditionally do well at public auction (examples are: construction items, heavy equipment, vehicles in fair running condition) if the Commission desires. Internet could be used for items from the Sheriff’s Property Room and Quartermaster, wrecked vehicles, IT equipment, and other non-capital items. A copy of the internet sellers agreement is attached for review. This document was reviewed by Ms. Chiquita T. Johnson, General Counsel for any legal objections. Her review is attached. There appears to be no objection. Analysis:To use both methods, public auction and internet auction would reduce the warehouse requirements and would make the disposal of surplus property more efficient. Financial Impact:Typically auctioning of surplus property results in over $200,000 in revenue each year, which is distributed back to the appropriate funds, in accordance with government accounting requirements or as required by law. Fees associated with the internet auction service are a 7.5% fee of the highest accepted bid for each item (see sellers agreement). Alternatives:(1) Do not approve the internet auction service, (2) Approve the use of the internet auction service as the sole method to dispose of excess/surplus property, (3) Use both the internet service and public auction for the disposal of surplus property. Recommendation: Approve the use of GovDeals.com as the internet auction service for the Augusta Commission and continue to use Public Auction for the disposal of Cover Memo Item # 1 selected items as determined by the Administrator or his designated representative. Funds are Available in the Following Accounts: None Required REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 1 Attachment number 1 Page 1 of 1 Item # 1 GovDeals Sellers Agreement – V5 – 0208 Page 1 Copyright 2001, GovDeals, Inc. GovDeals Sellers Agreement This Agreement is between GovDeals, Inc. (“GovDeals”), a Delaware corporation having its principal place of business at 5907 Carmichael Place, Montgomery, Alabama, 36117 and __Client Name__ (“Client”), having its principal place of business at ____Address____, __City__, ____State and Zip Code. 1.0 Description of Services: GovDeals provides a means for sellers to list items for sale and for potential buyers to bid upon these items via an Internet-based auction system. Although GovDeals may provide software and applications to the Client to make the listing of items easier, GovDeals is not a party to the actual sale and has no control over the listed information or the ability of the buyer and seller to complete the transaction. 2.0 GovDeals Responsibilities: In addition to the operation of an Internet auction server, GovDeals will provide the Client with the following services during the term of the Agreement: 2.1 Access to a web-based application (“GovDeals Auction Server”) that will help the Client maintain information about assets and submit them to auction. The GovDeals Auction Server will: 2.1.1 Accept descriptive information concerning an asset; 2.1.2 Allow different auction phases based upon dates and times to be specified; 2.1.3 Permit the assignment of certain buyer restrictions during each auction phase; and 2.1.4 Facilitate requests for credits regarding transactions that were not completed. 2.2 Training and support services to implement the GovDeals service, which will include: 2.2.1 Familiarization with the nature and operation of the GovDeals Auction Server; 2.2.2 Guidance in the initial entry of assets; 2.2.3 Procedures for taking and posting pictures of assets; and 2.2.4 Assistance in the development of an implementation plan and schedule. At GovDeals option, training and support services will be provided either on-site or via telephone and the Internet. 2.3 A customer support desk available via telephone or e-mail between the hours of 8:00 a.m. and 6:00 p.m., Eastern Time, Monday through Friday, except announced holidays. 2.4 Marketing of the on-line auction service to promote use of the site by potential buyers. 3.0 Client Responsibilities: To promote a successful operation and increase the benefits from using GovDeals auction capabilities, the Client agrees to: 3.1 Provide on-site support and resources required to access the GovDeals Auction Server via the Internet; Attachment number 2 Page 1 of 11 Item # 1 GovDeals Sellers Agreement – V5 – 0208 Page 2 Copyright 2001, GovDeals, Inc. 3.2 Make sufficient personnel related to surplus property disposal available for training, implementation, and initial data entry; 3.3 Cooperate with marketing campaigns, including providing a mailing list of prior auction customers, if available; and 3.4 Utilize GovDeals Auction Server and on-line auction capabilities during the term of this Agreement by: 3.4.1 Listing assets for sale on the GovDeals auction service; 3.4.2 Completing sales transactions for assets sold via this service; 3.4.3 Not selling through some other means any item for which it has received a winning bid via GovDeals for the specific purpose of avoiding the GovDeals fee; and 3.4.4 Not engaging, directly or indirectly, in any activities intended to manipulate or interfere with the bidding process. 4.0 Fees: For any item that is sold as a result of posting it to the GovDeals web site, the following fees apply: 4.1 Where a single auction item does not yield greater than $100,000 in a winning bid, Client agrees to pay GovDeals a fee of seven and one-half percent (7.5%) of the winning bid, but not less than $5.00. 4.2 Where a single auction item yields greater than $100,000, but does not yield greater than $500,000 in a winning bid, Client agrees to pay GovDeals a fee of seven and one-half percent (7.5%) of the winning bid up to $100,000 plus five and one-half percent (5.5%) of the winning bid that is in excess of $100,000 up to $500,000. 4.3 Where a single auction item yields greater than $500,000 in a winning bid, Client agrees to pay GovDeals a fee of seven and one-half percent (7.5) of $100,000 of the winning bid, plus a fee of five and one-half percent (5.5%) of $400,000 of the winning bid, plus a fee of three and one-half percent (3.5%) of the amount in excess of $500,000 of the winning bid. 4.4 On occasion, and apart from initial training, the Client may request GovDeals to supply on-site assistance to quickly move large amounts of items that have accumulated over a period of time. For this service GovDeals will charge an additional 7.5% fee or a total fee of 15%. For this additional fee GovDeals will go to the Client’s site and record asset descriptions, take pictures, load assets to the auction site, and set auction dates. Assets must be arranged in such a manner as to allow GovDeals personnel access to the assets for recording descriptions and taking pictures. If assets are not arranged in the proper manner, the Client will provide personnel to assist the GovDeals representatives in arranging the assets for proper presentation. The additional 7.5% fee does not apply to assets used in the initial training and will not apply when the Client processes its own assets. 5.0 Financial Settlement Services: 5.1 Client may elect to have GovDeals collect Auction Proceeds from the winning Bidder and may also elect for GovDeals to withhold the GovDeals Auction Fees from the Client’s Auction Proceeds prior to remitting Auction Proceeds to the Client. Attachment number 2 Page 2 of 11 Item # 1 GovDeals Sellers Agreement – V5 – 0208 Page 3 Copyright 2001, GovDeals, Inc. 5.2 By signing and approving the attached Addendum Number One (1) GovDeals will collect Client’s Auction Proceeds from the winning Bidders and also withhold the GovDeals Auction Fees prior to remitting Auction Proceeds to the Client. If the Client elects only for GovDeals to collect the Auction Proceeds but does not approve for GovDeals to deduct its Auction fees from the Auction Proceeds, the Client must also sign on the second signature line of Addendum Number One (1). 6.0 Payment: 6.1 GovDeals will invoice Client for fees on a periodic basis. Client agrees to remit payment to GovDeals within thirty (30) calendar days, unless an applicable prompt payment act or similar legislation specifies a different time period. 6.2 Client shall promptly, but not more than sixty (60) calendar days after the sale date, notify GovDeals of any transaction that was not consummated. The fees for said transaction shall be credited to the Client during the next invoice period. 7.0 Term of Agreement: This Agreement shall commence on the date it is signed by the second party to do so and shall terminate absolutely and without further obligation on the part of the Participant at the close of the calendar year in which it is executed and at the close of each succeeding calendar year for which it may be renewed. This contract shall be automatically renewed for a one-year term each January 1 unless the Participant provides written notice of its intent not to renew the contract no later than 30 days prior to the end of the calendar year. Any charges owed either party prior to terminating the agreement will remain payable. 8.0 Right to Sell and Content: Client will only post items to the GovDeals auction site that the Client has the legal right to sell or dispose of to qualified buyers. Any information posted will be accurate to the best of Client’s ability and not contain anything of a pornographic or objectionable nature. Client agrees to only use links to digital pictures of associated assets as provided for in the GovDeals software, and will not create links to any other site, text or other information without the written consent of GovDeals. 9.0 Online Sales - Terms and Conditions: Attached hereto are model Online Sales – Terms and Conditions for use by client. At any time during the term of this Agreement, Client may modify the Terms and Conditions. Said substitution modification must be submitted to GovDeals in writing for posting to the GovDeals auction site. The Terms and Conditions posted to the GovDeals auction site shall not modify, amend or affect the provisions of this Agreement 10.0 Information and Security: 10.1 Client agrees that GovDeals is not responsible for the accuracy of information provided to it by seller(s) and/or buyer(s). GovDeals will use reasonable efforts to protect information that is on its web site from inappropriate use and loss. 10.2 Client grants GovDeals a non-exclusive, non-transferable, irrevocable, and royalty- free right to exercise any copyright or publicity rights Client may have in the Attachment number 2 Page 3 of 11 Item # 1 GovDeals Sellers Agreement – V5 – 0208 Page 4 Copyright 2001, GovDeals, Inc. information it posts to the GovDeals server(s). GovDeals agrees to use this information only for its intended purpose in support of this Agreement. 11.0 Interference: Client will not use any programs, routines, or applications in connection with GovDeals that will interfere with the operation of the software or site. Specifically, the Client will only communicate with the GovDeals Auction Server by using software and applications that GovDeals provides or specifically approves in writing. 12.0 Proprietary Intellectual Property Exclusivity and Confidentiality: The proprietary Internet-based auction system, environment, and components (collectively, the “System”) provided by GovDeals under this Agreement are, and will remain, the exclusive property of GovDeals. GovDeals retains and reserves all rights to the proprietary intellectual property, including, but not limited to, all copyrights and trademarks of and to the System. GovDeals is providing the Client hereunder with a license for said System solely for its own use. Client may not subcontract, sell, lease, transfer, assign or otherwise share said System with any third party. Client acknowledges that the System constitutes the proprietary and confidential property of GovDeals and agrees not to directly or indirectly use, employ, divulge, disclose, transfer, or communicate to any person, firm, corporation or other entity, in any manner whatsoever, any of the System or documentation/information provided by GovDeals. In the event of termination of this Agreement, Client shall promptly return to GovDeals or at the option of GovDeals destroy, all documentation/information regarding the System. 13.0 Warranty Disclaimer: GovDeals does not warrant error-free or uninterrupted use of the GovDeals service. The GovDeals web sites, services, software and applications are provided without warranty, express or implied, including, but not limited to, any implied warranties for merchantability or fitness for a particular purpose. GovDeals, its directors, officers, employees, agents and/or affiliates shall not be liable for any loss of profit and/or any direct, indirect, special, incidental or consequential damages resulting from the services offered herein. 14.0 Governance: This Agreement will be governed, interpreted, construed and enforced in accordance with the laws of the State of Georgia. 15.0 Counterparts: This Agreement may be executed in two or more counterparts, each of which after execution and delivery shall be deemed an original, but all of which shall constitute one and the same instrument. 16.0 Non-Exclusive Engagement: This Agreement is not exclusive. The Client may utilize other disposal approaches, including traditional auctioneer services and sealed bids in addition to GovDeals services. However, it is understood and agreed that the Client will not simultaneously utilize other disposal approaches and GovDeals while an asset is listed on a GovDeals auction. Attachment number 2 Page 4 of 11 Item # 1 GovDeals Sellers Agreement – V5 – 0208 Page 5 Copyright 2001, GovDeals, Inc. 17.0 Entire Agreement: This Agreement represents the entire understanding between the parties with respect to its subject matter. Attachment number 2 Page 5 of 11 Item # 1 GovDeals Sellers Agreement – V5 – 0208 Page 6 Copyright 2001, GovDeals, Inc. THE ABOVE AGREEMENT IS ACCEPTED AND AGREED TO. GovDeals: SAMPLE DOCUMENT: By: _________________________________ By: SAMPLE DOCUMENT____________ Name: Robert L. DeBardelaben___________ Name: _SAMPLE DOCUMENT_________ Title: President __________________________ Title: ___SAMPLE DOCUMENT___________ Date:___________________________________ Date: ___SAMPLE DOCUMENT__________ Sellers Agreement Mailing Primary Contact Person: Address and Contact : Attention: Sales Support Name: SAMPLE 5907 Carmichael Place Title: Montgomery, AL 36117 Telephone Number: Fax Number: (334) 387-0519 Fax Number: salessupport@govdeals.com e-mail: Primary Contact Person: (Contract development) Name: Taylor Wilkins Title: Sales Representative Southeast Region Telephone Number: (251) 751-9357 Fax Number: (334) 387-0519 e-mail: twilkins@govdeals.com Attachment number 2 Page 6 of 11 Item # 1 GovDeals Sellers Agreement – V5 – 0208 1 Copyright 2001, GovDeals, Inc. Addendum Number One (1) Financial Settlement Services Memo of Understanding This Memo of Understanding is between GovDeals, Inc. (GovDeals), having its principal place of business at 5907 Carmichael Place, Montgomery, Alabama 36117, and____________________ ______________________SAMPLE DOCUMENT___________________________________ (Client) having its principal place of business at _____________________________________________ It is understood the electronic funds transfer will be easily identified as being from GovDeals. It is understood GovDeals and the Client presently operate/will operate under an approved Sellers Agreement allowing the Client to post and sell surplus equipment on the GovDeals Auction Site. Under this Agreement, the Client collects its own auction proceeds from the winning Bidder and pays GovDeals a fee based on a predefined fee schedule. It is understood the Client would like GovDeals to collect all auction proceeds due the Client from the winning Bidder and remit the auction proceeds to the Client less the GovDeals fee. Also, the client may access their private GovDeals account (CAS) and pull up a detail listing of all items sold and paid for by GovDeals. A paper invoice will no longer be mailed, but will be sent electronically. Optionally, Client may elect to not have GovDeals withhold the fee by signing the appropriate section on the signature page of this Addendum. It is understood GovDeals will charge the winning Bidder a 5% “Buyer’s Premium”, therefore, Client is not allowed to charge the winning Bidder an additional “Buyer’s Premium”. It is understood GovDeals will collect all auction proceeds from the winning Bidder, including the 5% “Buyer’s Premium” through PayPal, Credit Card or Wire Transfer. This is the only means of payment by the bidder. It is understood the Client will not release a piece of equipment to the winning Bidder until the Client has received verification from GovDeals that payment has been received from the winning Bidder. It is understood GovDeals will remit all funds collected, less the 5% Buyer’s Premium and less the GovDeals fee to the Client on a weekly basis for all items marked in CAS as Picked Up. However, if you choose to not have GovDeals withhold auction fees, GovDeals will remit all funds collected, less the 5% Buyer’s Premium. It is understood prior to an item being released to the winning Bidder, the Client will ensure the winning Bidder or his/her agent has signed the “Bill of Sale” with a notation that the item is sold “As Is, Where Is and without Warranty”. The Bill of Sale must be printed from CAS. Any other Bill of Sale must be submitted for approval. It is understood no auction proceeds will be remitted to the Client for any equipment released without verification of payment from GovDeals. Approved payment from the winning Bidder through PayPal, Credit Card or Wire Transfer will be noted in the CAS Account. It is understood under no circumstance will the Client collect any funds directly from the winning Bidder and if requested to do so, the Client should refer the winning Bidder directly to GovDeals for payment instructions. Attachment number 2 Page 7 of 11 Item # 1 GovDeals Sellers Agreement – V5 – 0208 2 Copyright 2001, GovDeals, Inc. It is understood GovDeals will absorb all costs of Charge Backs by PayPal or a Credit Card Company if an item is released to the bidder after proper payment notification is received by the Client from GovDeals and a signed Bill of Sale is retained from the winning Bidder by the Client. It is understood GovDeals will not absorb a Charge Back won by a bidder in those rare occasions where a bidder pays for an item but never picks up the item and subsequently convinces PayPal or the Credit Card Company to charge the amount paid back to GovDeals. Since the Client still has the asset and may resell it, the client agrees to refund the Charge Back amount to GovDeals or agrees to allow GovDeals to withhold the Charge Back amount from future payments owed the Client. It is understood a GovDeals Client Services Representative or a GovDeals Help Desk Representative will train the Client on how to effectively use the Financial Settlement Services feature and provide ongoing support as needed by GovDeals. There are no additional costs to the Client for this training and support. It is also understood GovDeals is covered by a Crime Insurance Policy with a limit of $5,000,000.00 which will protect the Client against any loss of funds. Approved for GovDeals: Approved for Client: _________________________________ _________________________________ President_________________________ _________________________________ Title Date Title Date Please indicate by signature below only if Client elects to not allow GovDeals to deduct the GovDeals auction fees from auction proceeds due the client. _________________________________________ Name and Title Please complete payment instructions below: Accounting Contact: _________________________________________ Name and Title E-Mail Address: _________________________________________ Phone Number: _________________________________________ Make check Payable to: _________________________________________ Client’s Legal Name Mail Check to: _________________________________________ Street Address or P.O. Box Number _________________________________________ City, State and Zip Code Attachment number 2 Page 8 of 11 Item # 1 GovDeals Sellers Agreement – V5 – 0208 1 Copyright 2001, GovDeals, Inc. GovDeals Sellers Agreement Online Sales – Terms and Conditions Your Logo Here __Client Name__ City, Georgia Online Sales – Terms and Conditions All bidders and other participants of this auction agree that they have read and fully understand these terms and agree to be bound thereby. Guaranty Waiver. All property is offered for sale “AS IS, WHERE IS.” __Client Name__ (Seller) makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale. The Buyer is not entitled to any payment for loss of profit or any other money damages – special, direct, indirect, or consequential. Description Warranty. Seller warrants to the Buyer that the property offered for sale will conform to its description. Any claim for misdescription must be made prior to removal of the property. If Seller confirms that the property does not conform to the description, Seller will keep the property and refund any money paid. The liability of __Client Name__ shall not exceed the actual purchase price of the property. Please note that upon removal of the property, all sales are final. Personal and property risk. Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the seller and GovDeals from liability therefore. Inspection. Most items offered for sale are used and may contain defects not immediately detectable. Bidders may inspect the property prior to bidding. Bidders must adhere to the inspection dates and times indicated in the item description. See special instructions on each auction page for inspection details. Consideration of Bid. __Client Name__ reserves the right to reject any and all bids and to withdraw from sale any of the items listed. Buyer’s Certificate. Successful bidders will receive a Buyer’s Certificate by email from GovDeals. Payment. Payment in full is due not later than 5 business days from the time and date of the Buyer’s Certificate. Acceptable forms of payment are: Attachment number 2 Page 9 of 11 Item # 1 GovDeals Sellers Agreement – V5 – 0208 2 Copyright 2001, GovDeals, Inc. • U. S. Currency • Certified Cashiers Check • Money Order • Company Check (with Bank Letter guaranteeing funds – mandatory) Checks shall be made payable to: __Client Name__. Payments shall be made at the location listed in the Buyer’s Certificate. Escrow Payment. When the purchase price (of a single item or the aggregate purchase price of multiple items) totals $5,000 or greater, the Seller may require a down payment from the winning Buyer. This non-refundable fee will be 20% of the total purchase price. When the Seller exercises this option, the Buyer will have 48-hours from the time of issuance of the Buyers Certificate, to comply with this requirement. If Buyer fails to comply with this requirement within the stated time frame, the Seller can declare Buyer in default, bar them from further bidding and have them removed from the GovDeals system. If Buyer is in default, Seller may negotiate with next closest bidder, re-list at another auction and/or pursue all legal proceedings. All monies collected in escrow, will be deducted from total monies due at time of final payment. Removal. All items must be removed within 10 business days from the time and date of issuance of the Buyer’s Certificate. Purchases will be released only upon receipt of payment as specified. Successful bidders are responsible for loading and removal and any and all property awarded to them from the place where the property is located as indicated on the website and in the Buyer’s Certificate. The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will __Client Name__ assume responsibility for packing, loading or shipping. See special instructions on each auction page for removal details. A daily storage fee of $10.00 may be charged for any item not removed within the 10 business days allowed and stated on the Buyer’s Certificate. Vehicle Titles. Seller will issue a title or certificate upon receipt of payment. Titles may be subject to any restrictions as indicated in the item description on the website. Open titles cannot be issued. __Client Name__ will not issue replacement titles. Default. Default shall include (1) failure to observe these terms and conditions; (2) failure to make good and timely payment; or (3) failure to remove all items within the specified time. Default may result in termination of the contract and suspension from participation in all future sales until the default has been cured. If the Buyer fails in the performance of their obligations, Seller may exercise such rights and may pursue such remedies as are provided by law. Seller reserves the right to reclaim and resell all items not removed by the specified removal date. Acceptance of Terms and Conditions. By submitting a bid, the bidder agrees that they have read, fully understand and accept these Terms and Conditions of Online Sales, and agree to pay for and remove the property, if the bid is accepted, by the dates and times specified. These Terms and Conditions are displayed at the top of each page of each item listed on GovDeals. Special Instructions appearing on the asset page will override certain sections of the terms and conditions. Attachment number 2 Page 10 of 11 Item # 1 GovDeals Sellers Agreement – V5 – 0208 3 Copyright 2001, GovDeals, Inc. State/Local Sales and/or Use Tax. Buyers may be subject to payment of State and/or local sales and/or use tax. Buyers are responsible for contacting the appropriate tax office, completing any forms, and paying any taxes that may be imposed. Sales to Employees. Employees of the __Client Name__ may bid on the property listed for auction, so long as they do NOT bid while on duty. Attachment number 2 Page 11 of 11 Item # 1 Finance Committee Meeting 9/28/2009 1:15 PM Carrie Wilkerson Department:Clerk of Commission Caption:Consider a request by Ms. Carrie Wilkerson to discuss county taxes. (Referred from September 8 Finance) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 2 Attachment number 1 Page 1 of 1 Item # 2 Finance Committee Meeting 9/28/2009 1:15 PM Development Authority of Richmond County Resolution Department:Clerk of Commission Caption:Motion to approve a Resolution of the Development Authority of Richmond County requesting the Consolidated Government of Augusta-Richmond County to allocate the County's recovery zone facility bond limitation to the Authority and International Paper Company for the benefit of International Paper Company and to designate an area within the county as a recovery zone. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 3 Attachment number 1Page 1 of 4 Item # 3 Attachment number 1 Page 2 of 4 Item # 3 Attachment number 1Page 3 of 4 Item # 3 Attachment number 1Page 4 of 4 Item # 3 Finance Committee Meeting 9/28/2009 1:15 PM Dr. Leonard Wilensky Department:Clerk of Commission Caption:Consider a request from Dr. Leonard Wilensky for an abatement of 2009 taxes for property located at 1456 Walton Way. (Referred from September 8 Finance) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 4 Attachment number 1 Page 1 of 8 Item # 4 Attachment number 1Page 2 of 8 Item # 4 Attachment number 1 Page 3 of 8 Item # 4 Attachment number 1 Page 4 of 8 Item # 4 Attachment number 1Page 5 of 8 Item # 4 Attachment number 1 Page 6 of 8 Item # 4 Attachment number 1 Page 7 of 8 Item # 4 Attachment number 1 Page 8 of 8 Item # 4 Finance Committee Meeting 9/28/2009 1:15 PM Joyce Watkins-Epps Department:Clerk of Commission Caption:Consider a request from Ms. Joyce Watkins-Epps for a refund of overpayments on taxes for property located at 2805 Brentway Drive. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 5 Attachment number 1 Page 1 of 2 Item # 5 Attachment number 1 Page 2 of 2 Item # 5 Attachment number 2 Page 1 of 2 Item # 5 Attachment number 2 Page 2 of 2 Item # 5 Finance Committee Meeting 9/28/2009 1:15 PM Lighting of Banners Department:Clerk of Commission Caption:Discuss the lighting of 80 banners added last year in Districts 1-8. (Referred from September 8 Finance) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 6 Attachment number 1 Page 1 of 1 Item # 6 Finance Committee Meeting 9/28/2009 1:15 PM Resolution Authorizing the Settlement for Lucy Mastej Department:Law Department Caption:Approve Resolution authorizing the settlement of a property damage, continuing trespass, and continuing nuisance claim filed by Lucy Mastej in the Superior Court of Richmond County, Georgia for the aggregate amount of $27,000.00 and authorizing the County Administrator to disburse to Lucy Mastej the amount of $27,000.00. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: If the settlement is authorized, funds would be made available from Utilities dept thru a budget change - dbw REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 7 IN THE SUPERIOR COURT OF RICHMOND COUNTY STATE OF GEORGIA ) LUCY SHAFER MASTEJ, ) ) Plaintiff ) CIVIL ACTION ) FILE NO. 2004-RCCV-778 v. ) ) AUGUSTA-RICHMOND COUNTY, ) ) Defendant ) ) RESOLUTION RESOLUTION AUTHORIZING THE SETTLEMENT OF A PROPERTY DAMAGE, CONTINUING TRESPASS, AND CONTINUING NUISANCE CLAIM FILED BY LUCY MASTEJ IN THE SUPERIOR COURT OF RICHMOND COUNTY, GEORGIA FOR THE AGGREGATE AMOUNT OF $27,000.00 AND AUTHORIZING THE COUNTY ADMINISTRATOR TO DISBURSE TO LUCY MASTEJ THE AMOUNT OF $27,000.00. WHEREAS, Lucy Mastej filed civil action file number 2004-RCCV-778 against Augusta, Georgia in the Superior Court of Richmond County seeking damages to her property based upon a claim of a continuing nuisance and/or continuing trespass; and WHEREAS, the parties to the civil action have participated in a court-ordered mediation in an effort to resolve all outstanding issues between the parties; and WHEREAS, Lucy Mastej has agreed to settle any and all pending and potential claims against Augusta, Georgia, its officers, employees, successors, and agents in exchange for payment in the amount of $27,000.00 and Augusta-Richmond County admits no liability; Attachment number 1 Page 1 of 3 Item # 7 NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission, that the Augusta-Richmond County Commission hereby agrees to settle any and all pending and potential claims with Lucy Mastej by the payment of $27,000.00, and that the County Administrator is hereby authorized to pay that sum in the form of a check payable to H. Wilson Haynes, Esq, attorney for Lucy Mastej. Adopted this ____ day of September, 2009. ______________________________ David S. Copenhaver Mayor, Augusta, Georgia Attest: ______________________________ Lena J. Bonner, Clerk of Commission Coseal: Attachment number 1 Page 2 of 3 Item # 7 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Resolution was duly adopted by the Augusta-Richmond County Commission on September ___, 2009 and that such Resolution has not been modified or resented as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Resolution which was approved and adopted at the Commission meeting on September 1, 2009. ______________________________ Lena J. Bonner Clerk of Commission Attachment number 1 Page 3 of 3 Item # 7 Finance Committee Meeting 9/28/2009 1:15 PM Update authorized bank signatories Department:Finance Caption:Update authorized staff as signatories for bank accounts. Background:When former authorized signatories left the employment of ARC, they were deleted from bank signature cards. However no replacements have been added. Currently only two people are listed as authorized signatories. In most instances, two signatures are required to transact business. Based upon current best practices relating to the number of authorize signatories, we are requesting that the following finance staff be added as authorized signatories. Timothy E. Schroer, Assistant Finance Director Hope Goodwin, Accountant I Upon approval of this request the authorized signatories would be: Donna B. Williams, Finance Director Timothy E. Schroer, Assistant Finance Director Kathy Williams, Accountant I Hope Goodwin, Accountant I Analysis:Normal business practice is to have more than two authorized signatories on bank accounts that require two signatures for certain transactions. The rational being there should be options if one signatory is unavailable. Financial Impact:n/a Alternatives:none Recommendation:approve additional signatories Funds are Available in the Following Accounts: n/a REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 8