HomeMy WebLinkAbout2014-02-10-Meeting Agenda
Public Service Committee Meeting Commission Chamber- 2/10/2014- 12:45 PM
PUBLIC SERVICES
1. New Application: A. N. 14 - 09: A request by Kelly N. Hutto
for a retail package Beer & Wine license to be used in
connection with Wal-Mart Stores East LP D/B/A Walmart
Super Center located at 3338 Wrightsboro Rd. District 5.
Super District 9.
Attachments
2. New Ownership Application: A. N. 14 - 08: A request by
Kanubhai S. Patel for a retail package Beer & Wine license to
be used in connection with Super Express #6 located at 2447
Wrightsboro Rd. District 2. Super District 9.
Attachments
3. New Ownership Application: A. N. 14 - 07: A request by
Alpeshkumar M. Patel for a retail package Beer & Wine
license to be used in connection with Old Town BP located at
443 Broad St. District 1. Super District 9.
Attachments
4. Motion to approve the Customer Facility Charge (CFC)
Ordinance as approved by the Augusta Aviation Commission
at their December 19, 2013 meeting.
Attachments
5. Update on the Dyess Park Project. (Requested by
Commissioner Fennoy)
Attachments
6. Update on the amount of funds allocated and the amount
needed for the demolition of dilapidated houses. (Requested
by Commissioner Fennoy)
Attachments
7. Motion to approve an agreement with Augusta, Georgia and
the Sandridge Community Association (SCA) for
Improvement Projects at Jamestown Community Park.
Attachments
8. Motion to approve the minutes of the Public Services
Committee held on January 27, 2014.
Attachments
www.augustaga.gov
9. Discussion: A request by Michael Anglin for a One Day
Special Event license to be used in connection with Tipsy
McStumbles located at 214 7th St. (This is an outdoor event
for St. Patrick's Day) District 1. Super District 9.
Attachments
10. Discussion: A request by Victoria E. Payton for a Therapeutic
Massage Operators license to be used in connection with
Phoenix Massage L. L. C. located at 3062 Damascus Rd.
District 2. Super District 9.
Attachments
11. Update from staff on the RFP process for "The Patch" golf
course. (Requested by Commissioner Mary Davis) (Referred
from February 4 Commission meeting)
Attachments
Public Service Committee Meeting
2/10/2014 12:45 PM
Alcohol Application
Department:Planning & Development
Caption:New Application: A. N. 14 - 09: A request by Kelly N. Hutto for a
retail package Beer & Wine license to be used in connection with
Wal-Mart Stores East LP D/B/A Walmart Super Center located at
3338 Wrightsboro Rd. District 5. Super District 9.
Background:This is a new application.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay fee of $1330.00.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
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Public Service Committee Meeting
2/10/2014 12:45 PM
Alcohol Application
Department:Planning & Development
Caption:New Ownership Application: A. N. 14 - 08: A request by
Kanubhai S. Patel for a retail package Beer & Wine license to be
used in connection with Super Express #6 located at 2447
Wrightsboro Rd. District 2. Super District 9.
Background:This is a new ownership application. Formerly in the name of
Ritaben Patel.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $1330.00.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
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Public Service Committee Meeting
2/10/2014 12:45 PM
Alcohol Application
Department:Planning & Development
Caption:New Ownership Application: A. N. 14 - 07: A request by
Alpeshkumar M. Patel for a retail package Beer & Wine license to
be used in connection with Old Town BP located at 443 Broad St.
District 1. Super District 9.
Background:This is a new ownership application. Formerly in the name of Ky
S. S. Sanders.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $1330.00.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
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Public Service Committee Meeting
2/10/2014 12:45 PM
CUSTOMER FACILITY CHARGE (CFC) AUGUSTA REGIONAL AIRPORT
Department:Augusta Regional Airport
Caption:Motion to approve the Customer Facility Charge (CFC) Ordinance
as approved by the Augusta Aviation Commission at their
December 19, 2013 meeting.
Background:In January 2007, the Aviation Commission voted to increase the
Rental Car CFCs from one dollar ($1.00) to three dollars and fifty
cents ($3.50) for all on-Airport rental car transactions. This
increased charge took effect on April 1, 2007. In February 2007,
the Executive Director sent correspondence regarding the increase
in cost to all on-site rental car companies. This correspondence
notified all of the rental car companies that this increase was an
amendment to their existing 2006 interim On-Site Rental Car
Concession agreements. The companies were asked to execute and
return the letter acknowledging the increase and the proposed use
of funds by the Airport. This amendment stated that the CFCs
would be used by the Airport as follows: 1. To pay
financial and physical planning and architecture and engineering
design costs associated with the new rental car facilities, as
determined by the Commission. 2. To pay project
management and construction costs associated with the new rental
car facilities, as determined by the Commission. 3. To pay
the operating and maintenance expenses of the Commission that
were allocable to the rental car operating areas. Additionally, in
March 2008, the Aviation Commission adopted an ordinance for
the regulation of off-Airport Rental Car companies. This
ordinance established the requirement of a permit to provide
service to customers at the Airport and the collection of CFCs.
The Commission’s stated purpose for the collection of CFCs was
to cover the capital, financing, maintenance and operations
allocable to the cost of providing infrastructure and facilities to the
rental car industry. In 2012, the Commission entered into new
concession agreements with the on-Airport Rental Car companies.
However, the new concession agreements do not address the
collection of CFCs and the parties agreed to continue the
collection of the CFCs under the same terms and conditions set
forth in the 2006 interim agreements until such time as a new
agreement was reached. The rental car companies have continued
Cover Memo
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to adhere to the previous agreement regarding the collection and
remittance of the CFCs. As you may be aware, O.C.G.A. § 36-10-
1 requires that contracts with counties be in writing to be
enforceable. Under Georgia law any contract entered into with
other persons or companies on behalf of a county must be in
writing and spread on the official minutes of the Commission. In
this instance, while the parties entered into valid contracts for the
rental car concessions, the concession agreements do not
specifically address the collection and expenditure of the CFCs.
Additionally, there is no ordinance governing the collection or
expenditure of CFCs for on-Airport Rental Car companies.
Therefore, no enforceable agreement exists between the rental car
companies and the Airport regarding the collection or expenditure
of the CFCs.
Analysis:AGS has been collecting CFC’s through concession agreements
with on-airport rental car agencies and through a local ordinance
for off airport car rental agencies. Airport legal counsel has
advised that the preferred method for establishing a CFC including
fees and charges, as well as, the disposition and accounting of
funds received from the CFC is through a local ordinance as
opposed to being identified within individual concession
agreements or contracts. Staff is recommending that the Augusta
Aviation Commission no longer include CFC language in
concession agreements but instead amend the current off-Airport
Rental Car ordinance to include all airport car rental companies.
The basic language and intent of the expired agreements and the
existing off-Airport Rental Car ordinance will remain the same.
There are some minor changes in the use of funds language to
include marketing and common use transportation equipment and
facilities. Marketing purposes will include items such as signage,
landscaping and promotion of the current airport facility and the
future consolidated rental car facility.
Financial Impact:Three dollars and fifty cents ($3.50) for all on-Airport rental car
transactions
Alternatives:Deny request.
Recommendation:Approve the new Customer Facility Charge (CFC) Ordinance.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:Cover Memo
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Finance.
Law.
Clerk of Commission
Cover Memo
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AN ORDINANCE TO AMEND THE AUGUSTA-RICHMOND COUNTY CODE
SECTION § 1-3-8.15-1.3.28 SO AS TO AMEND THE CODE TO PROVIDE FOR A
RENTAL CAR CUSTOMER FACILITY CHARGE FOR ON PREMISES RENTAL CAR
CONCESSIONS AT THE AUGUSTA REGIONAL AIRPORT AT BUSH FIELD; TO
PROVIDE FOR LEVY AND COLLECTION OF SAID FEES; TO PROVIDE PENALTIES
FOR UNTIMELY PAYMENT OF SAID FEES AND OTHER CHARGES; TO PROVIDE
FOR SEVERABILITY; TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE
AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT
IS HEREBY ORDAINED BY THE AUTHORITY OF SAME, THAT THE AUGUSTA-
RICHMOND COUNTY CODE BE AMENDED AS FOLLOWS:
SECTION 1. Augusta Richmond County Code Section § 1-3-8.15-1-3-8.28, as set
forth in "Exhibit A" hereto is to be adopted as provided herein.
SECTION 2. The revisions to this Ordinance shall become effective upon its
adoption in accordance with applicable laws.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 4. SAVINGS CLAUSE
In the event any phrase, clause, sentence, paragraph, or paragraphs of this
Ordinance is or are declared invalid for any reason, the remainder of this
Ordinance shall not be invalidated, but shall remain in full force and effect, all
parts of this Ordinance being declared separable and independent of all others. In
the event that a judgment is entered, and all appeals exhausted, which judgment
finds, concludes or declares this Ordinance is unconstitutional or is otherwise
invalid, the Customer Facility Charge authorized by this Ordinance shall be
suspended and terminated as of the date such declaration.
Attachment number 1 \nPage 1 of 12
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EXHIBIT A
RENTAL CAR BUSINESS ORDINANCE
Table of Contents RENTAL CAR BUSINESS ORDINANCE 3
Section 1-3-8.15 —Policy 3
Section 1-3-8.16 —Definitions 3
Section 1-3-8.17 —Non-Concessionaire Rental Car Business Permit 7
Section 1-3-8.18 —Operational Procedures 7
Section 1-3-8.19 —Percentage Fee 7
Section 1-3-8.20 — Customer Facility Charge 8
Section 1-3-8.21 —Conditions of Permit 10
Section 1-3-8.22 —Suspension of Permit 10
Section 1-3-8.23 —Revocation of Permit 11
Section 1-3-8.24 —Failure to Pay Percentage Fees 11
Section 1-3-8.25 —Records to Be Maintained by Permittee 11
Section 1-3-8.26 —Failure to Submit Statement of Gross Revenue 12
Section 1-3-8.27 —Term of Permit 12
Section 1-3-8.28 —Permit Non-Transferable 12
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RENTAL CAR BUSINESS ORDINANCE
Section 1-3-8.15
(a) The County hereby adopts the following fiscal policy for the establishment of percentage fees
to be paid by all concessionaire and non-concessionaire rental car businesses operating at the
Airport.
(b) The cost of operating, maintaining, and developing the Airport is paid solely through Airport
revenues and such government grants as may be received by the Aviation Commission and
lawfully used for Airport purposes, without the use of ad valorem taxes or other County
revenue or pledges, so as not to place any burden on taxpayers or residents of the County.
(c) The Aviation Commission shall fix, establish, maintain, and collect such rates, fees, rentals,
and other charges for the use of the Airport and its services and shall revise the same from
time to time whenever necessary, so as to always provide net revenues sufficient to pay for
operating, maintaining and developing the Airport.
(d) In furtherance of this policy and in accordance with the authority conferred upon the County by
the laws of the State of Georgia, the County, acting though the Aviation Commission, shall
assess, and periodically adjust as required, a Customer Facility Charge (as hereinafter defined
and a percentage fees on the Gross Revenue for all Rental Car Providers operating at the
Airport.
Section 1-3-8.16—Definitions
The following terms in this section shall have the following meanings in this Ordinance unless
expressly stated otherwise.
(a) "Airport Customer" shall mean anyone who is provided transportation to or from the Airport as part of a
rental car transaction in a rental car courtesy vehicle of a Concessionaire Rental Car Provider and
who either (1) executes an agreement to rent a motor vehicle from a Concessionaire or Non-
Concessionaire Rental Car Provider or had executed an agreement to rent a motor vehicle
and completed the rental transaction with a Non-Concessionaire Rental Car Provider, or (2)
takes delivery of a motor vehicle rented from a Concessionaire or Non-Concessionaire
Rental Car Provider or returned a motor vehicle rented from a Concessionaire or Non-
Concessionaire Rental Car Provider.
(b) "Contract Day" shall mean each twenty-four-hour period, and each fraction thereof, during
which a motor vehicle having been delivered by a Concessionaire or Non-Concessionaire
Rental Car Provider to each customer picked up at the Airport which is rented by such.
Airport customer from a Concessionaire or Non-Concessionaire Rental Car Provider. Each
fractional period less than a twenty-four-hour period shall be deemed a contract day.
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(c) “Concessionaire Rental Car Provider” shall mean all persons, firms, agencies, or companies
providing rental car services from locations based at the Airport that are signatory to a
concession lease with the Aviation Commission providing terminal building counter
locations and rental car ready lot vehicular parking.
(d) "Gross Revenue" of a Concessionaire or Non-Concessionaire Rental Car Provider shall mean:
1. All amounts received by the Concessionaire or Non-Concessionaire Rental Car
Provider, or which the a Concessionaire or Non-Concessionaire Rental Car Provider is
entitled to receive, from (a) any rental of a motor vehicle to any person picked up by the
Concessionaire or Non-Concessionaire Rental Car Provider, or its agent, from any
point on the Airport, including but not limited to (i) the Airport terminal building, (ii)
any premises leased by the Aviation Commission to Concessionaire or a third party
doing business on the Airport, or (iii) any other location within the Airport, or from (b)
any rental of a motor vehicle to any person returned by the Concessionaire or Non-
Concessionaire Rental Car Provider, or its agent, to any point on the Airport, including
but not limited to (i) the Airport terminal building, (ii) any premises leased by the
Aviation Commission to a third party doing business on the Airport, or (iii) any other
location on the Airport or within one (1.0) mile of the Airport.
2. All revenue received by the Concessionaire or Non-Concessionaire Rental Car Provider
from every Airport Customer who, at the business location of the Rental Car Provider,
either (a) executes an agreement for the rental of a motor vehicle from the Rental Car
Provider, or (b) takes delivery of a motor vehicle rented from the Rental Car Provider.
Gross Revenue shall be deemed received at the time that the sales, lease, or service
transaction occurs, giving rise to the Rental Car Provider's right to collect said monies,
regardless of whether the transaction was conducted in person, by telephone, or by mail;
whether the transaction was for cash or credit; and, if for credit, regardless of whether
the Rental Car Provider ultimately collects the monies owed for said transaction from
the Airport Customer.
3. Any Gross Revenue owed the Aviation Commission and determined by the Rental Car
Provider at a later date to be uncollectible shall not offset future percentage fees owed
the Aviation Commission. If the initial rental car agreement entered into between the
Rental Car Provider and the Airport Customer is subsequently amended because the
Airport Customer's actual usage of the rental car vehicle differs from the usage
contemplated in the original agreement, and the charges to be paid by the Airport
Customer to the Rental Car Provider are therefore different from the charges
contemplated in the original agreement, the percentage of Gross Revenue to which the
Aviation Commission is entitled hereunder shall be based upon the Gross Revenue that
the Rental Car Provider is entitled to receive under the rental car agreement with its
Airport Customer, as amended.
4. Gross Revenue shall not include:
a. Federal, State, or municipal sales taxes separately stated and collected from
the Airport Customer.
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b. Amounts that the Rental Car Provider receives, or is entitled to receive, for
the sale, disposition, loss, conversion, or abandonment of Rental Car
Provider's used motor vehicles and other equipment, personal property, and
trade fixtures.
c. Amounts that the Rental Car Provider receives, or is entitled to receive, for
the repair of damages to its motor vehicles.
(e) Gross Revenue shall not be reduced by reason of any commission or similar amount paid by the
Rental Car Provider to travel agents or others.
(f) "Non-Concessionaire Rental Car Provider" or "Operator" or "Permittee" shall mean all
persons, firms, agencies, or companies providing rental car services from locations based
outside of the Airport that are not signatory to a concession lease with the Aviation
Commission providing terminal building counter locations and rental car ready lot vehicular
parking.
(g) "Rental Car Courtesy Vehicle" shall mean a courtesy vehicle of the Non-Concessionaire Rental
Car Provider if it is operated by, or under agreement with, the Non-Concessionaire Rental Car
Provider. A courtesy vehicle shall be deemed operated under agreement with the Non-
Concessionaire Rental Car Provider if the Airport Director finds that such courtesy vehicle is
operated pursuant to any agreement or arrangement between the Operator of such courtesy
vehicle and the Non-Concessionaire Rental Car Provider.
(h) "Rental Car Customer Facility Charge" shall mean a charge imposed on a transactional
basis and shall be a fixed uniform amount applied each day, or fraction thereof, by a Rental Car Provider
from the renter of the vehicle.
Section 1-3-8.17--Non-Concessionaire Rental Car Business Permit
(a) Each Non-Concessionaire Rental Car Provider seeking to operate at the Airport shall execute a
written agreement with the Commission in the form of a Non-Concessionaire Rental Car
Business Permit (Permit) before engaging in any business activities on the Airport. The Permit
must be renewed annually, as described below. Application for such Permit shall be made to the
office of the Airport Director.
(b) The Permit shall be substantially in the form appended to this ordinance adopting this
Ordinance, the terms of which are incorporated in and made a part of this Ordinance by
reference. The Airport Director may modify the form of the Permit in any manner not
inconsistent with the provisions of this section. In the event of conflict between any
provisions of this section and any provision of the Permit, this section shall be controlling.
(c) Operation of any Rental Car Courtesy Vehicle on the Airport shall be allowed only with a color-
coded decal as required by this County Ordinance. Providers of Rental Car Courtesy Vehicles
shall observe all rules and Ordinances of this section in addition to those established by other
provisions of the Administrative Code of the County.
(d) Non-concessionaire Rental Car Courtesy Vehicle decals shall be provided by the Airport Director
initially to the Non-Concessionaire Rental Car Provider upon execution of the Permit and
successful completion of a vehicle safety inspection. Decals shall be issued for each Rental Car
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Courtesy Vehicle operated by the Non-Concessionaire Rental Car Provider. No decals shall be
issued without the Operator having valid courtesy vehicle licenses as may be required by the
Aviation Commission.
(e) Decals shall be permanently affixed to the lower right hand corner of the front windshield of
the Rental Car Courtesy Vehicle and shall be clearly visible at all times. Decals shall expire at
the time of expiration of the Permit. Only those vehicles displaying valid decals will be
authorized to pick up passengers at the Airport.
(f) In the case of loss of a decal or damage beyond recognition, a duplicate decal may be
obtained after payment by the Operator of Twenty Five Dollars ($25.00) and after
submission of a statement setting forth the circumstances of the loss or damage of the decal.
(g) Application forms for annual renewal of Rental Car Courtesy Vehicle Airport Permit decals
must be submitted to the Airport Director at least ten (10) working days prior to the expiration
of the current decal. Renewal applications shall be reviewed and renewal of the decal shall be
contingent upon satisfactory payment of the percentage fees and completion of the annual
Rental Car Courtesy Vehicle inspection.
(h) All Rental Car Courtesy Vehicles are subject to inspection by a representative of the Airport
Director to determine if they are in an adequate state of repair.
(i) The Airport Director or his representative, a police officer, or an Airport safety officer may
inspect a Rental Car Courtesy Vehicle at any time while it is on the Airport. A vehicle found
to be in an inadequate state of repair will be required to immediately leave the Airport and
will not be permitted further access to the Airport until the noted deficiencies are corrected.
(j) The Aviation Commission may suspend and/or revoke any Non-Concessionaire Rental Car
Business Permit, including the non-concessionaire Rental Car Courtesy Vehicle decal. Such
power of suspension and/or revocation may be exercised only upon the failure of the Non-
Concessionaire Rental Car Provider to satisfy the conditions of this section or the Permit or for
noncompliance with the Aviation Commission code regarding the operation of Rental Car
Courtesy Vehicles.
Section 1-3-8.18 - Operational Procedures
All Rental Car Courtesy Vehicles shall operate on the Airport in compliance with the Airport's
operational procedures and all applicable federal, State and local laws.
Section 1-3-8.19 - Percentage Fee
(a) Each Non-Concessionaire Rental Car Provider offering rental car services from locations based
outside the Airport shall pay to the Aviation Commission ten percent (10%) of all Gross Revenue
derived by said Non-Concessionaire Rental Car Provider from the rental of motor vehicles to
Airport Customers picked up by said Non-Concessionaire Rental Car Provider from any point
within the Airport or returned by said Non-Concessionaire Rental Car Provider to any point
within the Airport.
(b) Each Non-Concessionaire Rental Car Provider shall submit to the office of the Airport
Director, on or before the twentieth (20th) day of each month, a statement that sets forth:
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1. The total gross revenue earned during the prior month; and
2. Information demonstrating to the satisfaction of the Airport Director which of the
Non-Concessionaire Rental Car Provider's gross revenue during the prior month
originated from Airport Customers and which gross revenue originated from non-
Airport Customers.
(c) It shall be presumed that ninety-five percent (95%) of all gross revenue earned by the Non-
Concessionaire Rental Car Provider during the month for which the statement is submitted
constituted Airport Customer-generated Gross Revenue, unless, and to the extent that, the Non-
Concessionaire Rental Car Provider is able to demonstrate otherwise in its statement to the
satisfaction of the Airport Director.
(d) The statement of gross revenue shall be submitted together with the Non-Concessionaire
Rental Car Provider's remittance in payment of the non-concessionaire rental car percentage fee
incurred during the prior month. Each Non-Concessionaire Rental Car Provider shall submit a
timely statement of gross revenue each month even if such Non-Concessionaire Rental Car
Provider earned no Airport-generated Gross Revenue during the prior month (and therefore
incurred no non-concessionaire rental car percentage fee during such prior month). In such case,
the statement of gross revenue shall state the Non-Concessionaire Rental Car Provider's total
gross revenue during the prior month and shall demonstrate to the satisfaction of the Airport
Director that none of such revenue constituted Airport generated Gross Revenue.
Section 1-3-8.20 - Customer Facility Charge
(a) The Aviation Commission will determine the amount adequate to cover the capital, financing,
maintenance, marketing and operations allocable to the cost of providing infrastructure and
facilities to the rental car industry and common use transportation equipment and facilities. In
addition, the cost of collection, processing, enforcement of payment of the Customer Facility
Charge, administration of the Customer Facility Charge and audits of all Concessionaire Rental
Car Providers and Non-Concessionaire Rental Car Providers compliance with this Ordinance
will be included in Customer Facility Charge. These amount shall be the basis for calculating
the Rental Car Customer Facility Charge.
(b) The Customer Facility Charge shall be collected by Concessionaire Rental Car Provider and
Non-Concessionaire Rental Car Provider, as agent for the Aviation Commission, from
customers and remitted to the Aviation Commission, as provided for below.
(c) The Rental Car Customer Facility Charge shall be imposed on a transactional basis and shall
be a fixed uniform amount applied each day, or fraction thereof, to each subject contract and
shall be added to the amounts collected by Concessionaire Rental Car Providers and Non-
Concessionaire Rental Car Provider from the renter of the vehicle. The Rental Car Customer
Facility Charge collected by Concessionaire Rental Car Providers and Non-Concessionaire
Rental Car Provider shall be the amount established by the Aviation Commission for all on-
airport rental car operators at the Airport. It shall be collected from all customers of
Concessionaire Rental Car Provider and Non-Concessionaire Rental Car Provider, including
customers receiving complimentary or discounted car rental under Concessionaire Rental Car
Provider and Non-Concessionaire Rental Car Provider's bona fide marketing plans.
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(d) An amount exactly equivalent to the Rental Car Customer Facility Charge collected or should
have been collected by the Concessionaire Rental Car Provider and Non-Concessionaire Rental
Car Provider from customers shall be payable to the Aviation Commission. Such amount shall be
immediately due to the Aviation Commission on collection by the Concessionaire Rental Car
Provider and Non-Concessionaire Rental Car Provider who shall be required to hold such
amount in trust for the Aviation Commission's benefit. From the moment of collection, Customer
Facility Charge proceeds shall be the Aviation Commission's property and Concessionaire Rental
Car Provider and Non-Concessionaire Rental Car Provider shall hold only a possessory interest,
not an equitable interest, in these funds held in trust. The amount equivalent to that collected or
which should have been collected shall be remitted by Concessionaire Rental Car Providers and
Non-Concessionaire Rental Car Provider to Aviation Commission no later than the last day of
each month.
(e) Concessionaire Rental Car Providers and Non-Concessionaire Rental Car Providers shall
maintain records and controls which are sufficient to demonstrate the correctness of the
Rental Car Customer Facility Charge revenue collected by Non-Concessionaire Rental Car
Provider and the amount of Rental Car Customer Facility Charge paid to the Aviation
Commission. The records shall be subject to the same audit and review requirements as all
other remittances as outlined in Section 11 of this Ordinance.
(f) The current Rental Car Customer Facility Charge is $3.50 per Contract Day. As used in this
Ordinance, "Contract Day" means each twenty-four (24) hour period, and each fraction thereof,
during which a motor vehicle having been delivered by Non-Concessionaire Rental Car
Provider to each customer at the Airport is rented by such customer from the Concessionaire
Rental Car Providers and Non-Concessionaire Rental Car Provider. Each fractional period less
than a twenty-four (24) hour period shall be deemed a Contract Day. The Aviation Commission
may adjust the Rental Car Customer Facility Charge annually, based on estimates of Contract
Days for the upcoming year. Approximately 60 days prior to the end of the Aviation
Commission's fiscal year (December 31, annually), the Aviation Commission shall calculate the
revised Rental Car Customer Facility Charge and notify each Concessionaire Rental Car
Providers and Non-Concessionaire Rental Car Provider of the new Rental Car Customer
Facility Charge. Any credits or shortfalls from the prior fiscal year, as determined by the
Aviation Commission, shall carry forward to the next fiscal year. Concessionaire Rental Car
Providers and Non-Concessionaire Rental Car Provider shall provide its estimate of rental days
for the upcoming fiscal year no later than October 1, annually.
After receiving the estimate for the adjusted Rental Car Customer Facility Charge,
Concessionaire Rental Car Providers and Non-Concessionaire Rental Car Providers may
request a meeting to discuss the estimated Rental Car Customer Facility Charge. The request
for such a meeting shall be made within twenty (20) days after the forwarding of the
estimated rate for the upcoming fiscal year.
The adjusted Rental Car Customer Facility Charge shall become effective on January 1 of
each year.
(g) The number of transactions completed by Concessionaire Rental Car Providers and Non-
Concessionaire Rental Car Provider shall be reported to the Aviation Commission each month.
The report, signed by an authorized agent of the Concessionaire Rental Car Providers and Non-
Concessionaire Rental Car Provider, is to be received no later than the last day of the month
Attachment number 1 \nPage 8 of 12
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Page 9 of 12
following such transactions and shall be remitted with the payment of the Rental Car Customer
Facility Charge.
(h) The Aviation Commission and Non-Concessionaire Rental Car Provider acknowledge that it is
anticipated that the individual members of the traveling public renting Non-Concessionaire
Rental Car Provider's cars and directly benefiting from Airport infrastructure and facilities are to
pay the Rental Car Customer Facility Charge on each transaction and that such renters are also
subject to any sales tax imposed by the State for the lease or license of real property arising from
the use of the facility. It shall be the responsibility of the Non-Concessionaire Rental Car
Provider to separately state any such tax liability on its rental contracts, to collect such tax and to
remit it to the State.
Section 1-3-8.21 - Conditions of Permit
The Aviation Commission shall not issue a Non-Concessionaire Rental Car Business Permit, and if
the Aviation Commission has issued such a Permit, may suspend and/or revoke that Permit, unless
the subject Non-Concessionaire Rental Car Provider continuously complies with the provisions of
this Ordinance and the Permit.
Section 1-3-822 - Suspension of Permit
(a) The Airport Director may suspend any Non-Concessionaire Rental Car Business Permit upon
the failure of the permitted Non-Concessionaire Rental Car Provider to continuously comply
with any provision of this section or of the Permit, provided, however, that such suspension
is to be imposed only following fourteen (14) days advance written notice to the Non-
Concessionaire Rental Car Provider whose Permit is to be suspended.
(b) A Non-Concessionaire Rental Car Provider whose Permit is suspended or subject to
suspension may demonstrate to the Airport Director, at any time before or after such
suspension has been imposed, that such Permittee is in compliance or has remedied its
noncompliance or that it is making a good faith effort to do so.
(c) If the Non-Concessionaire Rental Car Provider whose Permit is subject to suspension
demonstrates that it has remedied its failure to satisfy the conditions of this section or the Permit,
the Airport Director will remove the suspension of such Non-Concessionaire Rental Car
Provider's Permit, if such suspension has been imposed, or shall abandon proceedings to suspend
the Permit if such suspension has not yet been imposed.
(d) If the Non-Concessionaire Rental Car Provider whose Permit is subject to suspension
demonstrates that it is making a good faith effort to remedy its failure to comply with this
section and/or the Permit (though it has not yet remedied such failure), the Airport Director
may, at his discretion, remove the suspension of such Permittee's Non-Concessionaire Rental
Car Business Permit, if such suspension has been imposed, or abandon proceedings to
suspend the Permit if such suspension has not yet been imposed.
(e) Once a Non-Concessionaire Rental Car Business Permit has been properly suspended, it shall
remain suspended unless and until Permittee's noncompliance is remedied to the satisfaction of
the Airport Director and its suspension is removed, or until the Permit is revoked.
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(f) A Non-Concessionaire Rental Car Provider whose Permit has been properly suspended by the
Airport Director may appeal the decision to the Aviation Commission.
Section 1-3-8.23 - Revocation of Permit
(a) The Airport Director may revoke any Non-Concessionaire Rental Car Business Permit upon
the failure of the Permittee to continuously comply with all provisions of this section and its
Permit, provided, however, that:
1. Such Permit has been properly suspended for at least thirty (30) days, and
2. Permittee has been given thirty (30) days' advance written notice, which notice may
be issued to the Non-Concessionaire Rental Car Provider holding such Permit only
after the Permit has been suspended.
(b) Upon revocation of its Non-Concessionaire Rental Car Business Permit, the Non-
Concessionaire Rental Car Provider must immediately remove any rental car decals issued in
connection with the revoked Permit from its Rental Car Courtesy Vehicles.
(c) A Non-Concessionaire Rental Car Business Permit that has been revoked may not be
reinstated. However, a Non-Concessionaire Rental Car Provider whose Permit has been
revoked may apply for a new Permit after curing all causes of revocation.
(d) The Airport Director may revoke, without notice, the Permit of any Non-Concessionaire Rental
Car Provider if, at any time while such Permit is suspended, any of such Non-Concessionaire
Rental Car Provider's vehicles seek to enter the Airport under the authority of the suspended
Permit for the purpose of loading passengers for transport to or unloading passengers after
transport from any facility of such Non-Concessionaire Rental Car Provider.
Section 1-3-8.24 - Failure to Pay Percentage Fees and Customer Facility Charge Proceeds
(a) If any Non-Concessionaire Rental Car Provider fails to submit any percentage fees and/or
Customer Facility Charge Proceeds as required by this Ordinance by the end of the tenth (10th)
day following the final day on which such remittance should have been submitted, the Non-
Concessionaire Rental Car Provider shall pay interest to the County at the rate of eighteen
percent (18%) per year (one-and-one-half percent [1.5%] per month) (or, if less, the maximum
rate of interest allowed by law) on such overdue amounts calculated from the date on which
such amounts should have been paid.
(b) If any Concessionaire Rental Car Provider fails to submit any Customer Facility Charge
Proceeds as required by this Ordinance by the end of the tenth (10th) day following the final day
on which such remittance should have been submitted, the Concessionaire Rental Car Provider
shall pay interest to the County at the rate of eighteen percent (18%) per year (one-and-one-half
percent [1.5%] per month) (or, if less, the maximum rate of interest allowed by law) on such
overdue amounts calculated from the date on which such amounts should have been paid.
Section 1-3-8.25 - Records to Be Maintained by Permittee
(a) During and with respect to the term of any Non-Concessionaire Rental Car Business Permit
issued to it, each Non-Concessionaire Rental Car Provider shall maintain such books and
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records as would normally be examined by an independent certified public accountant in
accordance with generally accepted auditing standards in performing an audit or examination of
Permittee's revenues and gross revenue in accordance with generally accepted accounting
principles and this section.
(b) Each Non-Concessionaire Rental Car Provider to whom a Non-Concessionaire Rental Car
Business Permit is issued shall make all records available for inspection by the Airport
Director and/or his duly authorized representative(s), during reasonable business hours, for a
period of not less than three (3) years following the end of the term of the Permit to which
such records relate; provided, however, that no such inspection will be conducted at a time or
in a manner that causes undue interference with the business of the Non-Concessionaire
Rental Car Provider.
(c) The Non-Concessionaire Rental Car Provider may make such records available for inspection at
a specified place in Augusta, Georgia, or at its corporate headquarters. In the event that the
inspection of such records is made at the Non-Concessionaire Rental Car Provider's corporate
headquarters, and said corporate headquarters are located outside the limits of the County, then
the Non-Concessionaire Rental Car Provider shall reimburse the County for all reasonable travel
expenses associated with travel by the Airport Director and/or his duly authorized
representative(s) to the Non-Concessionaire Rental Car Provider's corporate headquarters for the
inspection of such records.
Section 1-3-8.26 - Failure to Submit Statement of Gross Revenue and Customer Facility
Charge Report
(a) If, in any month, any Concessionaire Rental Car Provider or Non-Concessionaire Rental Car
Provider fails to submit a timely statement of gross revenue and Customer Facility Charge
Report, as required by Section 5 of this Ordinance, at the end of the thirtieth (30th) day
following the final day on which such timely statement should have been submitted, the
Aviation Commission may, at its discretion, perform, or hire an agent to perform, an audit of
Concessionaire Rental Car Provider or Non-Concessionaire Rental Car Provider 's various
books and records (including, but not limited to, the records that such Concessionaire Rental
Car Provider or Non-Concessionaire Rental Car Provider is required to maintain under the
provisions of this Ordinance) to determine Concessionaire Rental Car Provider or Non-
Concessionaire Rental Car Provider’s gross revenue and Customer Facility Charge
requirement during the month that would have been the subject of such timely statement of
gross revenue and Customer Facility Charge report. The Concessionaire Rental Car Provider or
Non-Concessionaire Rental Car Provider shall, within thirty (30) days of receipt of an invoice
from the Aviation Commission therefor, reimburse the Aviation Commission for its reasonable
cost of performing or of hiring an agent to perform, such audit.
Section 1-3-8.27 -Term of Permit
(a) The term of such Non-Concessionaire Rental Car Business Permit shall extend from the date
it is issued until either midnight on the 31st day of December next following the date it was
issued or the date on which such Permit is revoked, whichever is earlier. The Rental Car
Courtesy Vehicle decals issued in connection with a Permit shall expire at the end of the term
of such Permit.
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(b) On the first day of January of each succeeding year, the term of the Non-Concessionaire Rental
Car Business Permit shall be extended automatically for successive one (1) year periods, unless
said Permit is earlier suspended or revoked. If a suspension is in effect on January 1, the Non-
Concessionaire Rental Car Provider shall remedy all failures to comply with the provisions of
this Ordinance and shall apply for a new Non-Concessionaire Rental Car Business Permit
before any such Permit may be issued.
Section 1-3-8.28 - Permit Non-Transferable
(a) No Non-Concessionaire Rental Car Business Permit, and no rental car decal issued in
connection with such Permit, may be transferred, assigned, loaned, or used in any way by
any person or entity other than the Non-Concessionaire Rental Car Provider to whom such
Permit was issued or the Operator of a Rental Car Courtesy Vehicle operated under
agreement with such Non-Concessionaire Rental Car Provider.
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Item # 4
Public Service Committee Meeting
2/10/2014 12:45 PM
Dyess Park Project
Department:Clerk of Commission
Caption:Update on the Dyess Park Project. (Requested by Commissioner
Fennoy)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 5
Public Service Committee Meeting
2/10/2014 12:45 PM
Funding for Demolition of Dilapidated Houses
Department:Clerk of Commission
Caption:Update on the amount of funds allocated and the amount needed
for the demolition of dilapidated houses. (Requested by
Commissioner Fennoy)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 6
Public Service Committee Meeting
2/10/2014 12:45 PM
Jamestown Community Park Improvements
Department:Recreation, Parks and Facilities
Caption:Motion to approve an agreement with Augusta, Georgia and the
Sandridge Community Association (SCA) for Improvement
Projects at Jamestown Community Park.
Background:The SCA has maintained an operational agreement with Augusta,
Georgia since 1998. The SCA and Augusta, Georgia have
previously entered into a mutual agreement in 2007 and in 2012 to
work jointly to accomplish a variety of needed capital
improvements through SPLOST funds to this community park.
Analysis:The SCA and the Department of Recreation, Parks and Facilities
have agreed upon the need for capital improvements to Jamestown
Community Park as per the attached list of projects and estimated
costs associated with this work, at a not to exceed cost of
$150,000 with funding to proceed as two (2) $75,000 projects.
Funding will be made available as outlined per the attached
agreement and established guidelines for dispersal of SPLOST
Funds.
Financial Impact:The cost of the recommended improvements is set at a not to
exceed cost of $150,000 and is available as part of SPLOST VI
funded projects administered through the Department of
Recreation, Parks and Facilities.
Alternatives:1. To Approve agreement between the Sandridge Community
Association (SCA) and Augusta, Georgia. 2. Move No Action.
Recommendation:1. Move to Approve.
Funds are Available
in the Following
Accounts:
328061110 - 211066801
Cover Memo
Item # 7
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 7
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Item # 7
Public Service Committee Meeting
2/10/2014 12:45 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the Public Services Committee
held on January 27, 2014.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 8
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Item # 8
Public Service Committee Meeting
2/10/2014 12:45 PM
One Day Special Event License
Department:Planning & Development
Caption:Discussion: A request by Michael Anglin for a One Day Special
Event license to be used in connection with Tipsy McStumbles
located at 214 7th St. (This is an outdoor event for St. Patrick's
Day) District 1. Super District 9.
Background:This is an Annual Event.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $60.00.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 9
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Item # 9
Public Service Committee Meeting
2/10/2014 12:45 PM
Therapeutic Massage Operators License
Department:Planning & Development
Caption:Discussion: A request by Victoria E. Payton for a Therapeutic
Massage Operators license to be used in connection with Phoenix
Massage L. L. C. located at 3062 Damascus Rd. District 2. Super
District 9.
Background:This is a new application.
Analysis:The applicant meets the requirements of the City of Augusta's
Ordinance regulating Therapeutic Massage.
Financial Impact:The applicant will pay a fee of $121.00.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 10
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Public Service Committee Meeting
2/10/2014 12:45 PM
Update on RFP Process for Augusta Municipal Golf Course
Department:Clerk of Commission
Caption:Update from staff on the RFP process for "The Patch" golf
course. (Requested by Commissioner Mary Davis) (Referred
from February 4 Commission meeting)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 11
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