HomeMy WebLinkAbout2014-03-10-Meeting Agenda
Public Service Committee Meeting Commission Chamber- 3/10/2014- 12:45 PM
PUBLIC SERVICES
1. New Application: A. N. 14 - 10: A request by James E. Miller
for a retail package Beer & Wine license to be used in
connection with Circle K Store #1875 located at 3011 Gordon
Hwy. District 3. Super District 10.
Attachments
2. New Ownership Application: A. N. 14 - 11: A request by Ravi
S. Rajput for a retail package Beer & Wine license to be used
in connection with National Hills Amoco located at 2701
Washington Rd. District 7. Super District 10.
Attachments
3. New Application: 14 - 12: A request by Edward Mendoza for
an on premise consumption Liquor, Beer & Wine license to be
used in connection with M and W Holding DBA Kitchen 1454
located at 1454 Walton Way. District 1. Super District 9.
Attachments
4. Discussion: A request by Brett Althoff for a Special Event
license Liquor, Beer & Wine for April 5th thru April 13, 2014
( Masters Week) to be used in connection with Hooters
Restaurant located at 2834 Washington Rd. There will be a
tent in the parking lot. There will be Sunday Sales. District 7.
Super District 10.
Attachments
5. Discussion: A request by Jan Scholer for a Special Events Beer
& Wine license for April 7th thru April 12, 2014 (Masters
Week) to be used in connection with Wild Wing Cafe located
at 3035 Washington Rd. Event will be in the parking
lot. District 7. Super District 10.
Attachments
6. Update from Augusta Public Transit regarding the Ft. Gordon
Route.
Attachments
7. Consider changing the ordinance dealing with the
compensation for the Airport Director. (Requested by
Commissioner Donnie Smith)
Attachments
www.augustaga.gov
8. The Planning & Development Department recommends the
proposed Mothball ordinance amendments be approved so as
to provide regulations to better address the concerns with
boarded up nuisance properties.
Attachments
9. Motion to approve a park caretaker residence agreement to be
utilized by the Department of Recreation, Parks and Facilities.
Attachments
10. Review update of Public Transit Operation under outside
vendor. Ascertain whether it is economically feasible to
continue outsourcing or follow the current trend of numerous
municipalities that have chosen to continue in house operations
or return to in-house operations. Assess any improvements
made by current vendor that could not have been made in-
house and at a lower cost. Discuss limitations imposed on the
Advisory Committee by addressing concerns with an outside
vendor. Provide financial data that reflects revenue, costs, and
employee salaries by position. All other relevant information
not specifically requested is anticipated. (Requested by
Commissioner Lockett)
Attachments
Public Service Committee Meeting
3/10/2014 12:45 PM
Alcohol Application
Department:Planning & Development
Caption:New Application: A. N. 14 - 10: A request by James E. Miller for
a retail package Beer & Wine license to be used in connection
with Circle K Store #1875 located at 3011 Gordon Hwy. District
3. Super District 10.
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 a fee of $1,330.00.
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 # 1
Attachment number 1 \nPage 1 of 2
Item # 1
Attachment number 1 \nPage 2 of 2
Item # 1
Public Service Committee Meeting
3/10/2014 12:45 PM
Alcohol Application
Department:Planning & Development
Caption:New Ownership Application: A. N. 14 - 11: A request by Ravi S.
Rajput for a retail package Beer & Wine license to be used in
connection with National Hills Amoco located at 2701
Washington Rd. District 7. Super District 10.
Background:This is a new ownership application. Formerly in the name of
Marty Koger.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $1,330.00.
Alternatives:
Recommendation: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 # 2
Attachment number 1 \nPage 1 of 2
Item # 2
Attachment number 1 \nPage 2 of 2
Item # 2
Public Service Committee Meeting
3/10/2014 12:45 PM
Alcohol Application
Department:Planning & Development
Caption:New Application: 14 - 12: A request by Edward Mendoza for
an on premise consumption Liquor, Beer & Wine license to be
used in connection with M and W Holding DBA Kitchen 1454
located at 1454 Walton Way. District 1. 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 a fee of $4,295.00.
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 # 3
Attachment number 1 \nPage 1 of 2
Item # 3
Attachment number 1 \nPage 2 of 2
Item # 3
Public Service Committee Meeting
3/10/2014 12:45 PM
Alcohol Application
Department:Planning & Development
Caption:Discussion: A request by Brett Althoff for a Special Event license
Liquor, Beer & Wine for April 5th thru April 13, 2014 ( Masters
Week) to be used in connection with Hooters Restaurant located at
2834 Washington Rd. There will be a tent in the parking lot. There
will be Sunday Sales. District 7. Super District 10.
Background:This is a yearly event during Masters.
Analysis:The applicant meets the requirements of the City Of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $540.00.
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 # 4
Attachment number 1 \nPage 1 of 1
Item # 4
Public Service Committee Meeting
3/10/2014 12:45 PM
Alcohol Application
Department:Planning & Development
Caption:Discussion: A request by Jan Scholer for a Special Events Beer &
Wine license for April 7th thru April 12, 2014 (Masters Week) to
be used in connection with Wild Wing Cafe located at 3035
Washington Rd. Event will be in the parking lot. District 7. Super
District 10.
Background:This a yearly event during Masters Week.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $360.00.
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 # 5
Attachment number 1 \nPage 1 of 1
Item # 5
Public Service Committee Meeting
3/10/2014 12:45 PM
Augusta Public Transit
Department:Augusta Public Transit
Caption:Update from Augusta Public Transit regarding the Ft. Gordon
Route.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 6
Public Service Committee Meeting
3/10/2014 12:45 PM
Compensation for Airport Director
Department:Clerk of Commission
Caption:Consider changing the ordinance dealing with the compensation
for the Airport Director. (Requested by Commissioner Donnie
Smith)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 7
Public Service Committee Meeting
3/10/2014 12:45 PM
Mothball Ordinance Amendments
Department:Planning & Development
Caption:The Planning & Development Department recommends the
proposed Mothball ordinance amendments be approved so as to
provide regulations to better address the concerns with boarded up
nuisance properties.
Background:The “Mothballing Ordinance” was developed to provide
regulations that would allow a property owner to secure and
preserve the structure while planning the property’s future or
acquiring funds for preservation, rehabilitation or restoration.
Analysis:It was found that most of the structures that have been registered
and permitted for mothballing have not complied with the intent
of the ordinance. The structures have not been repaired or
demolished. These structures, in addition to all the
“nonconforming mothballed structures” that are deteriorating to
the point that demolition is necessary, are a nuisance for the
neighborhoods, an obstacle for neighborhood redevelopment, and
a safety concern…. The neglected boarded up structures continue
to contribute to the blighting problems for many neighborhoods.
The structures are a target for vandalism and a location for other
crimes in the community. They are a blighting condition that
discourages investors from taking an interest in these areas which
impedes growth throughout the communities and other
surrounding areas. The attached proposed ordinance amendments
provide for: •A temporary ‘securing’ process while the owner
determines the future of the structure: rehabilitation or demolition.
•A limited time for a structure to be mothballed / boarded up. •A
shorter time period for complying with the ordinance; •All
existing mothballed and boarded up structures are required to
comply with the amended ordinance. The implementation of the
amendments will begin immediately: *Notices will be sent to
owners of mothballed structures that have exceeded the one-year
term. *Notices will be sent to owners of boarded-up structures to
comply.
Financial Impact:N/A Cover Memo
Item # 8
Alternatives:Approve, Disapprove, or recommend changes
Recommendation:Approve
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 8
ORDIACE O. ___________
A ORDIACE TO AMED THE AUGUSTA, GEORGIA CODE, TI TLE
SEVE, CHAPTER OE, SECTIOS 7-1-19 THROUGH 7-1-19.9, TO
DEFIE MOTHBALLIG; TO SPECIFY TERM OF PERMIT; TO
SPECIFY THE COMPLIACE REQUIREMET FOR EXISTIG
MOTHBALLED AD BOARDED-UP STRUCTURES; TO PROVIDE A D
MATERIAL FOR SECURIG WIDOWS; TO PROVIDE A PERIOD OF
COMPLETIO; TO REPEAL ALL CODE SECTIOS AD ORDIA CES
AD PARTS OF CODE SECTIOS AD ORDIACES I COFLI CT
HEREWITH; TO PROVIDE A EFFECTIVE DATE AD FOR OTHE R
PURPOSES.
WHEREAS, IT IS THE ITET OF THE AUGUSTA, GEORGIA
COMMISSIO TO PROMOTE THE HEALTH, SAFETY, AD GEER AL
WELFARE OF THE PUBLIC; TO PROTECT AD EHACE THE
QUALITY OF ITS EVIROMET; TO PROVIDE FOR SUCCESSF UL
EIGHBORHOOD REDEVELOPMET, AD TO PROTECT THE
PUBLIC FROM HEALTH UISACES, SAFETY HAZARDS.
OW, THEREFORE BE IT ORDAIED BY THE AUGUSTA, GEORG IA
COMMISSIO, AD IT IS HEREBY ORDAIED BY THE AUTHOR ITY
OF THE SAME AS FOLLOWS:
SECTIO 1. Sections 7-1-19 through 7-1-19.9 of AUGUSTA, GA. CODE Title
Seven, Chapter One as set forth in the AUGUSTA, GA. CODE, are hereby amended
by striking these sections in their entirety. New Sections 7-1-19 through 7-1-19.9
are hereby inserted to replace the repealed sections as set forth in “Exhibit A”
hereto.
SECTIO 2 . This ordinance shall become effective upon its adoption in
accordance with applicable laws.
SECTIO 3 . All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Attachment number 1 \nPage 1 of 10
Item # 8
Adopted this ___ day of ___________, 2014.
___________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1 \nPage 2 of 10
Item # 8
CERTIFICATIO
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta, Georgia Commission
on_________________, 2014 and that such Ordinance have 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: ______________________
Second Reading Waived
Attachment number 1 \nPage 3 of 10
Item # 8
EXHIBIT A
Sec. 7-1-19. Mothballing vacant structures.
(a) Mothballing is defined as a method used for a short term to protect a vacant
structure from weather damage and vandals while preserving the structure for
future use. The goal of mothballing is to temporarily protect the property to allow
the owner to plan the property's future, or acquire funds for preservation,
rehabilitation or restoration
(b) Prior to mothballing a structure, the property owners will be required to register
the vacant property with the Planning and Development Department. The Planning
and Development Department will issue a mothballing a permit. Within ten (10)
days of completion of the mothballing, the property owner must contact the
Planning and Development Department to schedule an initial compliance
inspection. The property will be inspected for compliance with the provisions of
this Code Section.
Sec. 7-1-19.2 Registration of vacant and abandoned buildings
(a) Owners of vacant buildings, who elect to temporarily mothball in lieu of
repairing or demolishing the structure, must register their properties at the Planning
and Development department prior to beginning work. This registration shall be
made through a form provided by the department and shall include a list of a
contact person or persons responsible for the maintenance and repair of the
property. This form shall contain the current telephone numbers and addresses of
all contact persons. It is the sole responsibility of the property owner to update this
information at the Planning and Development department.
(b) Mothballing permit. After registration, the owners of vacant buildings must
obtain a mothballing permit from the Planning and Development department. The
cost of the mothballing permit is twenty-five dollars ($25.00) that includes the
compliance inspection. A separate building permit may be required for building
repairs.
(c) Term of permit, six months; option to extend for three months. A mothballing
permit shall be valid for six months following the date of the registration of the
property and may be extended for three months provided the owner is making
substantial progress to comply with the codes to renovate the structure, or demolish
Attachment number 1 \nPage 4 of 10
Item # 8
the structure. The fee for the extended term shall be twenty-five dollars $25.00 and
shall be paid when application is made for extension.
(d) Existing mothballed structures and non-conforming mothballed structures –
requirement to comply. Existing mothballed structures that have been secured for a
period exceeding the initial ‘term of permit one year’, and non-conforming
mothballed structures which are structures with windows and doors secured with
boards, are required to comply with (a), (b), and (c) above.
Sec. 7-1-19.3. Specific mothballing procedures.
The three highest priorities for a mothballed building are:
1) to ensure the public’s health, safety and welfare; 2) to protect the building from
sudden loss; and 3) to weatherize and maintain the property to stop moisture
penetration.
Sec. 7-1-19.4. General mothballing procedures.
(a) A properly mothballed building will have a watertight roof, secured doors and
windows, repaired or stabilized rot problems, painted wood, repaired masonry, and
well maintained grounds. All trash, debris, garbage should be removed from inside,
outside and under the house.
(b) To ensure compliance with this Code section, the property owner, at a
minimum, should take the following actions:
(1) The building's roof should be weather tight. Missing shingles should be
replaced, holes should be repaired. Rolled roofing is acceptable as a
temporary repair material; but if it is used, it must be securely installed.
(2) Windows should be covered on the exterior with high grade plywood cut
to fit within the window opening. Window coverings should be attached
with screws to minimize damage to the window when they are removed.
Window coverings should be painted a flat color - i.e. dark grey or black.
*Alternative materials (i.e: plexiglass) may be approved by the Code
Enforcement Manager.
(3) The water should be turned off and the pipes drained. If the building has
a functional sprinkler system, it should remain operational.
(4) All electrical systems not necessary for security, fire prevention, and/or
ventilation should be disconnected.
(5) Exterior walls surfaces shall be free of breaks, holes, loose or missing
materials to prevent deterioration. All exterior surfaces shall be repaired and
Attachment number 1 \nPage 5 of 10
Item # 8
protected from the elements including but not limited to porches, decks,
balconies and fences. All metal surfaces subject to rust or corrosion shall be
coated to inhibit such rust and corrosion. Gutters should be cleaned and
inspected to verify that they discharge away from the building. Corrective
measures should be taken as necessary.
(6) Potential points for water intrusion, like crawlspace openings and
basement windows, should be blocked and the water diverted away from the
building; however, basement and crawlspace ventilation shall be maintained.
(7) Loose architectural elements like brackets that should be documented,
removed, and stored on site. Securely attached material should not be
removed.
(8) Chimneys should be securely blocked with heavy duty wire mesh to
prevent animal intrusion.
(9) The building should be adequately ventilated. Small openings covered
with heavy duty wire mesh at the top of window coverings may be adequate.
In humid climates, forced air ventilation may be necessary.
(10) Vegetation around the building should be pruned back from the walls a
minimum of twelve (12) inches to allow good airflow. Overhanging dead
tree limbs and branches should be removed. The property grounds shall be
maintained at all times (including bushes, beds, and other vegetation), the
grass shall not exceed six (6) inches in height and the property shall be kept
free of trash and debris at all times.
(11) The owner shall establish a monitoring and maintenance schedule for
the building. The schedule, at a minimum, should require that a drive-by
inspection be done on a monthly basis.
Sec. 7-1-19.5. Mothballing—Boarding specifications.
The property owner must comply with the following minimum requirements
regarding windows, exterior doors and other openings in exterior walls of vacant
structures.
(1) Minimum cleaning and safety requirements:
a. Remove to legal dumpsite all trash debris, garbage from inside, outside
and under house before boarding. (Keep on file copy of all receipts from
landfill or their disposal facility for review.)
Attachment number 1 \nPage 6 of 10
Item # 8
b. Correct health and structural hazards inside, outside and under house
before boarding.
(2) Minimum window board-up requirements
a. Remove windowpanes if broken. If window panes not broken, lower or
raise window sash to permit installation of carriage bolts described below.
b. Neatly cut a single piece of one-half (1/2) inch high grade exterior
plywood that is sized to fit snugly inside the window opening against the
windows stop. Consider installing two (2) inches × four (4) inches blocking
within opening for back of plywood to rest against snugly. *Alternative
materials (i.e: plexiglass) may be approved by the Code Enforcement
Manager.
c. Cut an opening centered and six (6) inches below the top of the plywood
and install a metal soffit vent that covers the opening but allows light to
enter the structure once the plywood has been installed. Use screws to attach
the vent to the plywood.
d. Cut at least two two (2) inches × four (4) inches wood support members
that are sixteen (16) inches wider than the window opening.
e. The support members are to be mounted horizontally and flush against the
interior window casing with eight (8) inches extending left and right of the
window opening. The top support should be located within one-fourth (1/4)
and one-third (1/3) of the window opening height from the top of the
opening. The bottom support should be located within one-half (1/2) to one-
third (1/3) of the window opening height from the bottom of the opening.
f. Drill at least two holes in each of the two (2) inches × four (4) inches
support members then drill holes in the plywood that line up with the holes
drilled in the support members.
g. Insert a washer over the end of a three-eighths (3/8) inch diameter round,
smooth head, carriage bolt.
h. Line up each hole in the two (2) inches × four (4) inches support member
and the plywood.
i. At each hole, insert a three-eighths (3/8) inch diameter carriage bolt from
exterior to interior through the plywood, through the window opening and
through the two (2) inches × four (4) inches and plywood toward each other
until there is no play.
j. Prime the exterior surface of the plywood.
Attachment number 1 \nPage 7 of 10
Item # 8
k. On the exterior, caulk the perimeter edges of the plywood.
l. Paint the exterior surface of the plywood a flat color — i.e. dark grey or
black.
(3) Minimum exterior door board-up requirements.
a. Remove door.
b. Neatly cut a single piece of one-half (1/2) inch high grade exterior
plywood that is sized to fit snugly inside the door opening against the
doorstop. Consider installing two (2) inches × four (4) inches blocking
within opening for back of plywood to rest against snugly.
c. Cut an opening centered and six (6) inches below the top of the plywood
and install a metal soffit vent that covers the opening but allow light to enter
the structure once the plywood has been installed. Use screws to attach the
vent to the plywood.
d. Cut a least two two (2) inches times; four (4) inches wood support
members that are sixteen (16) inches wider than the door opening.
e. The support members are to be mounted horizontally and flush against the
interior door casing with eight (8) inches extending left and right of the door
opening. The top support should be located within one-fourth (1/4) and one-
third (1/3) of the door opening height from the top of the opening. The
bottom support should be located within one-fourth (1/4) to one-third (1/3)
of the door opening height from the bottom of the opening.
f. Drill at least two (2) holes in each of the two (2) inches × four (4) inches
support member and the plywood. At each hole, insert a three-eighths (3/8)
inch diameter carriage bolt from exterior to interior—through the plywood,
through the door opening and through the two (2) inches × four (4) inches.
g. Insert a washer over the end of a three-eighths (3/8) inch diameter round,
smooth head, carriage.
h. Line up each hole in the two (2) inches × four (4) inches support member
and the plywood. At each hole,insert a three-eighths (3/8) inches diameter
carriage bolt—from exterior to interior—through the door opening and
through the two (2) inches × four (4) inches.
i. Slip a three-eighths (3/8) inch diameter nut and washer over the end of the
carriage bolt inside the structure and securely tighten the nut pulling the two
(2) inches × four (4) inches and plywood toward each other until there is no
play.
Attachment number 1 \nPage 8 of 10
Item # 8
j. Prime the exterior surface of the plywood.
k. On the exterior, caulk the perimeter edges of the plywood.
l. Paint the exterior surface of the plywood a flat color—i.e. dark grey or
black.
(4) Crawlspace/basement door, gable vent or other opening.
a. Remove door or vent and install when necessary two (2) inches × four (4)
inches blocking in the opening.
b. Cut a single piece of one-half (1/2) inch high grade exterior plywood that
will fit snugly against the outside edge of the blocking.
c. Screw plywood snugly to blocking using at least one (1) inch screws.
d. Prime the exterior surface of the plywood and caulk the perimeter edges.
e. Paint the exterior surface of the plywood a flat color — i.e. dark grey or
black.
Sec. 7-1-19.6 Completion period
(a) Period of completion. Owners of vacant structures shall have fifteen (15)
calendar days from date of issuance of the mothballing a permit to complete
mothball the building in compliance with these provisions.
(b) Extension. The Director of the Planning and Development Department may
extend the completion period up to fifteen (15) calendar days based on unusual
circumstances and financial hardships.
Sec. 7-1-19.7 Initial compliance inspection.
(a) Initial compliance inspection. The Planning and Development Department will
conduct an initial mothballing compliance inspection of the building, and shall
issue an acceptance certificate if the property owner has substantially complied
with the requirements as set forth in.
(b) on-acceptance . If the owner has not substantially complied with the
requirement of this ordinance, the department shall issue a note of non-acceptance
during the initial compliance inspection, the department shall provide the owner
with a copy of the noted deficit area(s). The building owner will have fifteen (15)
days from the date of inspection within which to take corrective action(s) and
request another compliance inspection. The owner may be subject to other
enforcement proceedings under this Code if the department notes the structure as
non-acceptance during a follow-up compliance inspection.
Attachment number 1 \nPage 9 of 10
Item # 8
Sec. 7-1-19.8 Compliance inspections.
To ensure compliance, the Planning and Development Department will conduct a
six (6) month inspection of all structures registered under this Code section. If an
extension is approved an inspection will be performed at the end of the three (3)
month period.
Sec. 7-1-19.9 Enforcement.
The Planning and Development department will be responsible for enforcing
compliance with the mothballing ordinance.
Secs. 7-1-20—7-1-25. Reserved.
Attachment number 1 \nPage 10 of 10
Item # 8
Public Service Committee Meeting
3/10/2014 12:45 PM
Park Caretaker Residence Agreement
Department:Recreation, Parks and Facilities
Caption:Motion to approve a park caretaker residence agreement to be
utilized by the Department of Recreation, Parks and Facilities.
Background:The Department currently has three (3) park locations that have
caretaker residences and that are occupied by current employees
of the Department.
Analysis:In an effort to provide continuity in caretaker’s rights and
responsibilities and to protect the interest in City managed park
sites, the Department has developed and is proposing
implementing the attached agreement. Mutual benefits are realized
by the Department and the resident caretaker’s currently living on
three properties, Diamond Lakes Regional Park, Pendleton King
Park and Lock and Dam Park. The agreement has been vetted
through the Law Department and the Human Resources
Department.
Financial Impact:N/A
Alternatives:1. To Approve the park caretaker residence agreement to be
utilized at park facilities managed by the Department of
Recreation, Parks and facilities. 2. Move No Action.
Recommendation:1. Move to Approve.
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Cover Memo
Item # 9
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 9
___________________ Park Caretaker Agreement RLH 2014
(Date) ____________
Page 1 of 8
STATE OF GEORGIA )
COUTY OF RICHMOD )
PARK CARETAKER RESIDECE
AGREEMET
THIS AGREEMENT, effective this _______ day of _____________, 2014 is
entered into between AUGUST, GEORGIA a political subdivision of the State of Georgia,
hereinafter referred to as Lessor, and ________________________________ whose
address is ______________________________________________, _______________,
Georgia hereinafter referred to as Lessee.
IN CONSIDERATION FOR THE MUTUAL COVENANTS AND CONDITIONS
CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. LEASE PREMISES:
Augusta does hereby lease and let and allow the Lessee to maintain a:
home; mobile home; other; on certain real estate located in
___________________, Georgia, which is described as the caretaker home
site, ______________________ located at _________________________.
2. TERM:
The term of this lease shall be month to month commencing on the _____
day of __________, 20___, and may be terminated by either party hereto
only by providing the other party with sixty (60) days written notice prior to
the termination of the agreement. Additionally, the term shall terminate
if/when employment ends.
3. OBLIGATIONS OF THE LESSEE:
In addition to the lessee’s normal scheduled work hours and assignment,
and in lieu of the payment of rent for the occupancy of said residence,
LESSEE will perform the following duties:
a. Secure grounds daily by opening and closing gates at____________
________________________________ Park. The designated gates
shall be opened daily, which includes weekends and Augusta
observed holidays, between the established hours of operation. The
gates shall be closed in the evening at dusk, which is within thirty
(30) minutes after sunset. The grounds will be secured by
Attachment number 1 \nPage 1 of 8
Item # 9
___________________ Park Caretaker Agreement RLH 2014
(Date) ____________
Page 2 of 8
conducting an inspection of the Park before closing gates to ensure
that all visitors are off premises and by inspecting the premises
before opening the gates to ascertain if any acts of vandalism have
occurred during the night.
b. Complete a log sheet as directed and submit the same to the
designated staff representative weekly.
c. Have a telephone within the lease premises and be available to
provide the initial after-hours contact by the Police, Fire, and other
emergency services in the event of an emergency.
d. Assist the public needing assistance at the Park, or as assigned,
e. Be responsive to security alarm systems that may be activated on
site.
f. Be available after regular hours for service when requested by the
City staff.
g. Upon discovery, immediately report any acts of vandalism or
potential vandalism to the proper authorities.
h. Maintain the surrounding grounds in a neat and orderly manner and
appearance. Equipment sheds, recreational vehicles, boats, camp
trailers, etc., may not be kept or stored by the Lessee on the
leasehold premises unless Lessee has received written approval from
the Director of Recreation, Parks and Facilities.
i. Contain and control any pets or animals owned by the LESSEE to
the area immediately surrounding the residence occupied by the
Lessee, only if allowed in writing by the Director of Recreation,
Parks and Facilities. Comply with all Augusta ordinances and state
laws regarding animals at all times.
j. Provide for a substitute caretaker, who is pre-approved by the
Director of Recreation, Parks and Facilities, or designee for any time
the LESSEE is away from the site and unable to perform the
obligations listed above.
k. Be responsible for any personal items Lessee brings on the premises
that are not the property of Augusta, Georgia will be the lessee’s
obligation for replacement or repair.
l. All personal vehicles on the premises shall be properly registered
and insured.
m. When the Lessee vacates the premises, the Lessee must:
Attachment number 1 \nPage 2 of 8
Item # 9
___________________ Park Caretaker Agreement RLH 2014
(Date) ____________
Page 3 of 8
(a) leave the premises reasonably clean, and undamaged except
for reasonable wear and tear, and
(b) give the Lessor all the keys or other means of access that
are in the possession or control of the Lessee and that allow
access to and within the residential property.
(c) damages above and beyond normal wear and tear shall be
Lessee’s responsibility for repair.
n. Other: _________________________________________________
______________________________________________________.
4. OBLIGATION OF THE LESSOR:
Lessor will be responsible for the following:
a. Physical residence for no rental fee.
b. Providing for electrical, water and sewer, natural gas and local
phone service. Please note long distance telephone bills as well as
cable/dish satellite and/or internet charges will be the responsibility
of the Lessee.
c. Lessor shall not compensate Lessee for the opening and closing,
inspection, customer service related duties, and other normal
operational duties of said nature, but will be the agreed upon
services required in lieu of having provided rent free living
accommodations that include specified utilities at no cost to the
Lessee.
d. Lessor’s responsibility to the lessee is to provide a safe and
functional living space. Lessor shall keep the structure of the
residence sound, including stairways, floors and roofs; keep
electrical heating and plumbing systems operating safely; supply
hot and cold water in reasonable amounts; and provide for pest
control.
e. Prior to occupancy by a new tenant, the Lessor shall rekey or and/or
replace locks.
5. HOLD HARMLESS AGREEMENT:
For and in consideration of the mutual conditions in this Agreement, the
Lessee agrees to indemnify and hold harmless and defend AUGUSTA,
Attachment number 1 \nPage 3 of 8
Item # 9
___________________ Park Caretaker Agreement RLH 2014
(Date) ____________
Page 4 of 8
GEORGIA, its elected officials, officers, employees, agents, and
representatives from and against any and all losses, damages, costs, charges,
expenses, judgments and liabilities incurred by virtue of the Lessee’s
utilization of the above-described real property pursuant to the terms of this
Agreement.
6. USE OF PREMISES:
It is further covenanted and agreed by and between the parties hereto that
Lessee shall be twenty-one (21) years of age or older and reside on the
premises with no more than one (1) non-family member or no more than
three (3) additional immediate family members. Lessee shall utilize the
leased premises as a residence and for no other purpose whatever.
The Premises shall not be used for any illegal purpose; or in any manner to
create any nuisance or trespass; or in any manner so as to invalidate the
insurance or increase the rate of insurance on the Premises.
7. DESTRUCTION OF OR DAMAGE TO PREMISES:
If the Premises are totally destroyed by storm, fire, flood, lightning,
earthquake or other casualty, this Lease shall terminate as of the date of
such destruction.
8. INSPECTION BY THE AUGUSTA, GA:
The Lessor and Lessee together must inspect the condition of the residence
and surrounding premises on the day the Lessee is entitled to possession of
the residence or on another mutually agreed day.
The Lessor and Lessee together must inspect the condition of the residence
and surrounding premises on or before the day the tenant starts keeping a
pet or on another mutually agreed day, if the Lessor permits the Lessee to
keep a pet on the resident property after the start of a tenancy, and upon the
end of a tenancy.
The Lessor and Lessee must complete a condition inspection report which
both parties will execute and receive copies.
AUGUSTA, GEORGIA or a representative of the AUGUSTA, GEORGIA
may inspect said premises at any reasonable times to ensure if the terms and
conditions of this Agreement are being strictly complied with.
9. EXCULPATION AND INDEMNIFICATION:
The Premises are being leased to Lessee “AS IS”, and Lessee accepts said
Premises in its present condition and acknowledges that is has inspected the
same and found the Premises to be suitable for its intended use. IF any
Attachment number 1 \nPage 4 of 8
Item # 9
___________________ Park Caretaker Agreement RLH 2014
(Date) ____________
Page 5 of 8
repairs to the improvements located on the premises covered by this Lease
are required during the term of this Lease, the cost of same shall be paid by
Lessee. It is an express condition of this Lease Agreement that, except
when caused solely by its negligence, Lessor’s, its officers, agents, and
employees, shall be free from any and all claims, debts, demands, liabilities,
or causes of action of every kind or character, whether in law or in equity,
by reason of any death, injury, or damage to any person or persons or
damage or destruction of property or loss of use thereof, whether it be the
person or property of Lessee, its invitees, licensees, agents, or employees,
or any third persons, from any cause or causes whatsoever arising from any
event or occurrence in or upon the Premises or any part thereof or otherwise
arising from Lessee operations under and indemnify and save harmless the
Lessor, its officers, agents, and employees, against and from any and all
such claims, demands, debts, liabilities, and causes of action (other than
those caused solely by Lessor’s negligence) including reasonable attorney’s
fees and costs to be incurred by Lessor in defending same.
10. INSURANCE:
LESSEE agrees to obtain and maintain, during the tenancy of the lease
described herein, general liability insurance in the minimum amount of
$500,000, which shall include liability coverage for injury to any person or
property arising from LESSEE’S occupancy of the premises. AUGUSTA,
GEORGIA shall be named as additionally insured on this policy. The
Lessee agrees to furnish a Certificate of Insurance to AUGUSTA,
GEORGIA and the AUGUSTA, GEORGIA shall be notified a minimum of
twenty (20) days prior to any cancellation or modification of the policy. In
addition, the Lessee agrees to obtain and maintain renter’s insurance for
their personal possessions and liability.
11. SECURITY/PET DEPOSIT:
AUGUSTA, GEORGIA may require a security deposit of $ ____________
for the caretaker residence located at _____________ Park. In addition, the
Lessor may require the Lessee to pay a pet damage deposit fee the agreed
amount of $ _________, if allowed in writing by the Director of Recreation,
Parks and Facilities.
Upon the completion of an end of tenancy inspection report, the return of
the security and or pet deposit will be made in accordance after fifteen (15)
business days of all the following conditions being met:
a. Lessee leaves the residence and surrounding premises reasonably
clean, and undamaged except for reasonable wear and tear, and
Attachment number 1 \nPage 5 of 8
Item # 9
___________________ Park Caretaker Agreement RLH 2014
(Date) ____________
Page 6 of 8
b. Lessee returns to the Lessor all the keys or other means of access
that are in the possession or control of the tenant and that allow
access to and within the residential property.
c. The date the Lessor receives the Lessee’s forwarding address in
writing.
AUGUSTA, GEORGIA may retain an amount from a security deposit or a
pet damage deposit if at the end of a tenancy, the Lessee agrees in writing
the Lessor may retain the amount to pay a liability or obligation of the
Lessee and the above conditions having not been met.
12. DEFAULT AND RE-ENTRY:
Failure of the Lessee to maintain employment with AUGUSTA,
GEORGIA, fulfill and comply with the terms of this Agreement as herein
specified, or upon the Lessee’s violation of any of the terms and conditions
of the Agreement, shall constitute grounds for termination by AUGUSTA,
GEORGIA upon giving Lessee thirty (30) days written notice. Upon
termination of this Agreement, Lessee shall peacefully remove personal
property and surrender possession of said premises. Lessee agrees to return
the Premises to the Lessor upon the expiration or termination of this rental
agreement in as good condition and repair as when first received; normal
wear and tear expected. In the event AUGUSTA, GEORGIA is required to
undertake any legal action of any type whatsoever to enforce the provisions
of this Agreement, then, in such event, Lessee covenants and agrees to pay
AUGUSTA, GEORGIA for its reasonable attorneys’ fees and costs
sustained therein.
13. ASSIGNMENT OR SUBLEASE:
LESSEE shall not assign, transfer, or encumber this Agreement, and shall
not sublease the premises, or any other part thereof, or allow any other
person to be in possession thereof.
14. NO ESTATE IN LAND:
This contract shall create the relationship of Lessor and Lessee between the
parties hereto and no estate shall pass out of Lessor.
15. HOLDING OVER:
If Lessee remains in possession of Premises after expiration of the term
hereof, with Lessor’s acquiescence and without any express agreement of
parties, Lessee shall be a tenant at will at the rental rate in effect at the end
of this Lease; and there shall be no renewal of this Lease by operation of
law.
Attachment number 1 \nPage 6 of 8
Item # 9
___________________ Park Caretaker Agreement RLH 2014
(Date) ____________
Page 7 of 8
16. WAIVERS OF RIGHTS:
No failure of Lessor to exercise any power given it hereunder or to insist
upon strict compliance by Lessee with any of its obligations hereunder and
no custom or practice of the Lessor at variance with the terms hereof shall
constitute a waiver of Lessor’s right to demand strict compliance with terms
hereof.
17. OPEN RECORDS:
The Lessee acknowledges that all records relating to this Agreement and the
services to be provided under this Agreement may be a public record
subject to Georgia’s Open Records Act. (O.C.G.A. § 50-18-70, et seq.).
Lessee shall cooperate fully in responding to such request and making all
records, not exempt, available for in section and copying as provided by
law. Lessee shall notify Lessor immediately of any request made under the
Open Records Act and shall furnish Lessor with a copy of the request and
the response to such request.
18. GOVERNING LAW:
This Agreement shall be governed and interpreted by the laws of the State
of Georgia.
19. VENUE:
All claims, disputes and other matters in question between the Lessor and
the Lessee arising out of or relating to the Agreement, or the breach thereof,
shall be decided in the Superior Court of Richmond County, Georgia. The
Lessee, by executing this Agreement, specifically consents to venue in
Richmond County and waives any right to contest the venue in the Superior
Court of Richmond County, Georgia.
20. ENTIRE AGREEMENT:
This Agreement contains the entire Agreement between the parties, and no
modification of this Agreement shall be binding upon the parties unless
evidenced by a written agreement executed by AUGUSTA, GEORGIA and
the Lessee.
[SIGATURES O FOLLOWIG PAGE]
Attachment number 1 \nPage 7 of 8
Item # 9
___________________ Park Caretaker Agreement RLH 2014
(Date) ____________
Page 8 of 8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
_____ day of __________, 20___.
AUGUSTA, GEORGIA
______________________________
MAYOR
______________________________
DIRECTOR,
AUGUSTA, GEORGIA
RECREATION, PARKS AND
FACILITIES DEPARTMENT
ATTEST:
______________________________
APPROVED AS TO FORM:
______________________________
LESSEE
______________________________
______________________________
STATE OF GEORGIA )
COUNTY OF RICHMOND )
On this _____ day of __________, 20___, before me, the undersigned, a Notary Public in and for
the State of Georgia, personally appeared _____________________, to me known to be the individual
described in and who executed the within instrument and acknowledged that he signed the same as his free
and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN UNDER my hand and official seal the date herein above set forth.
[Printed name]
NOTARY PUBLIC in and for the State of
Georgia, residing at
MY COMMISSION expires
Attachment number 1 \nPage 8 of 8
Item # 9
Public Service Committee Meeting
3/10/2014 12:45 PM
Update on Public Transit Operation
Department:Clerk of Commission
Caption:Review update of Public Transit Operation under outside vendor.
Ascertain whether it is economically feasible to continue
outsourcing or follow the current trend of numerous municipalities
that have chosen to continue in house operations or return to in-
house operations. Assess any improvements made by current
vendor that could not have been made in-house and at a lower
cost. Discuss limitations imposed on the Advisory Committee by
addressing concerns with an outside vendor. Provide financial
data that reflects revenue, costs, and employee salaries by
position. All other relevant information not specifically requested
is anticipated. (Requested by Commissioner Lockett)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 10
Attachment number 1 \nPage 1 of 1
Item # 10