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HomeMy WebLinkAbout2020-01-14 Meeting AgendaPublic Service Committee Meeting Commission Chamber- 1/14/2020- 1:00 PM PUBLIC SERVICES 1.Discussion: consider probation, suspension or revocation of the Alcohol License and Business License for Ms. Ollie W. Lee, d/b/a: The Private “I”, 2507 Thomas Lane, for failure to comply with the Augusta-Richmond County Alcohol Ordinance, and Occupation Tax Ordinance. Attachments 2.Adding Dance: A.N. 19-47: A request by Ollie W. Lee to add Dance to the Existing business know as Private "I" located at 2507 Thomas Lane. District 5. Super District 9. Attachments 3.For Approval. The Planning & Development Department recommends amending Augusta, Georgia Code, SIDEWALK ENCROACHMENTS, Section 3-8-11 so as provide regulations for right-of-way encroachments / sidewalk café, definitions to include entertainment zone, permit requirements, and general regulations, to Waive the Second Reading, and to provide an effective date. Attachments 4.For Approval. The Planning & Development Department recommends amending Augusta, Georgia Code, Administrative and Regulatory Fee Structure, Section 2 -1-3(c), so as to establish the regulatory fee for Right-of-Way Encroachment / Sidewalk Café Permit, to Waive the Second Reading, and to provide an effective date. Attachments 5.For Approval. The Planning & Development Department recommends amending Augusta, Georgia Code, Noise, Section 3-6-2 (b and d), so as to amend the hours for events in the Entertainment Zone, to Waive the Second Reading, and to provide an effective date. Attachments 6.Motion to approve the minutes of the Public Services Committee held on December 10, 2019.Attachments www.augustaga.gov Public Service Committee Meeting 1/14/2020 1:00 PM Alcohol License Hearing Department:Planning & Development Presenter:Rob Sherman Caption:Discussion: consider probation, suspension or revocation of the Alcohol License and Business License for Ms. Ollie W. Lee, d/b/a: The Private “I”, 2507 Thomas Lane, for failure to comply with the Augusta-Richmond County Alcohol Ordinance, and Occupation Tax Ordinance. Background:The owner of The Private “I” has a business license to operate a lounge that includes a comedy club, and an alcohol license to serve liquor, wine and beer. Over the past few months the Sheriff’s Office has observed several Alcohol Ordinance and Business License ordinance violations, and is requesting that the Commission take action against the Alcohol and Business Licenses. (Attached letter from the Sheriff’s Office) Analysis:The Sheriff’s Office is requesting that the Commission take action against the license holder. The Alcohol License and the Business License can be suspended, revoked or placed on probation pursuant to the following Codes: OCCUPATION TAX CODE Sec. 2-1-38. Right to deny, suspend, or revoke a business tax certificate. (a) A Business Tax Certificate under this Chapter may be denied, suspended, or revoked if one or more of the following exists: (3) The applicant or holder of the certificate intends to violate or has violated any federal or state law, or local ordinance or any ordinance or resolution regulating such business or intends to violate any regulation made pursuant to authority granted for regulating such business. (6) The applicant or holder of the certificate fails to adequately supervise and monitor the conduct of the employees, patrons and others on the subject premises, or on any property owned or leased by the applicant or holder, including but not limited to parking lots and parking areas, or on any parking lots or areas which may be lawfully used by patrons of the establishment of the applicant or holder, in order to protect the safety and well-being of the general public and of those using the properties. ALCOHOL Cover Memo Item # 1 CODE Sec. 6-2-14. Hours of sale. (a) Generally. Any and all holders of licenses under the authority of this Ordinance shall observe the following schedule of hours of operation, which shall be determined by Eastern Standard Time or daylight savings time, whichever is in effect: (1) Holders of Class A, C, E, G H, I, J, K, L, M, and N licenses (on-premises consumption of Beer, Wine and Liquor, Brewpubs, Brewery, Micro Brewery, Nano Brewery, Pico Brewery, Distillery, Nano Distillery, and Pico Distillery) shall not open for business earlier than 8:00 a.m. Monday through Friday and may serve any authorized alcoholic beverage until 2:30 a.m. on the next following day; provided, further that said premises shall be vacated of all persons, including employees, by no later than 3:00 a.m. On Saturday, consumption on-premises license holders shall not open for business earlier than 8:00 a.m. and may serve authorized alcoholic beverages until 11:55 p.m. on Saturdays and the two (2) hours immediately following such time; provided, further, that said premises shall be vacated of all persons, including employees, by no later than 2:30 a.m. on Sunday. Where the sale of alcoholic beverages is in conjunction with the sale of food, the aforesaid hours of sale shall be applicable only to the sale of alcoholic beverages and not applicable to the sale of food; provided, however, no alcoholic beverage shall be allowed to remain on any bars, tables, or be in possession of patrons after 3:00 a.m. Tuesday through Saturday and 2:30 a.m. Sunday, and the inventory of alcoholic beverages must be secured as described in section 6-2-17 of this Ordinance. Sec. 6-2-21. Premises to be kept in orderly manner, with outside gatherings of patrons restricted. (a) Owners and/or applicant, managers and employees shall be responsible for keeping an orderly place, and no patron shall cause a disturbance of any kind; nor shall any patron be allowed to stand, sit, mingle or assemble outside the building, in parking lots or autos, and drink alcoholic beverages except as provided in subparagraph (b) hereof. (b) Businesses with on-premises alcoholic beverage consumption licenses may serve alcoholic beverages only within the definite closed locality, whether room, shop or building, where alcoholic beverages are sold by the drink. However, any business with such license, which has an outside patio area that is actually and permanently attached to the main building, may serve alcoholic beverages in the patio area; provided, however, a bar may not be set up in such an outside patio area, nor are portable bars, beer tents or other such facilities for the sale of alcoholic beverages permitted. Sales through doorways or windows to sidewalks, parking lots, or patio areas are also prohibited. (d) The alcohol license holder, or manager of an on-premise consumption alcohol licensed business, or any person giving any public amusement show, exhibition or performance, any public ball, any dances either public or private, or any gathering at public facilities when alcohol is being served, or on any occasion where the Chief of the Fire Department and/or Sheriff determine in their sole discretion that due to the nature of the function and/or Cover Memo Item # 1 facility, attendance of sheriff's deputies and/or firefighters is necessary, it is then the responsibility of the alcohol license holder, or other person mentioned, to comply with the chief of the fire department and/or sheriff’s decision. (e) Any manager or other person mentioned in the preceding section shall apply to the sheriff's department and the fire department to learn whether or not the attendance of deputies and/or firefighters is required. Sec. 6-2-32. Violations; unlawful activities. (a) Any person holding any license issued pursuant to this Ordinance or any employee or agent of such person who violates any provision of this Ordinance, or directs, consents to, permits, or acquiesces in such violation, either directly or indirectly shall, by such conduct, subject the license to suspension or revocation. For purposes of administering and enforcing this Ordinance, any act committed by an employee, agent or representative of a licensee shall be deemed to be an act of such licensee. (b) It shall be a violation of this Ordinance for any licensee to permit any person to engage in any activity on the premises for which the license is issued or within the place of business, which is in violation of the laws or regulations of any federal, state, county or municipal governing authority or regulatory agency. With respect to any such activity, it shall be rebuttably presumed that the same was done with the knowledge or consent of the licensee; provided however, that such presumption may be rebutted only by evidence which precludes every other reasonable hypothesis save that such licensee did not know, assist or aid in such occurrence, or in the exercise of full diligence could not have discovered or prevented such activity. Sec. 6-2-74. Probation, Suspension & Revocation (Alcohol License). Any license issued under this Ordinance may be put on probation, suspended and/or revoked by the Augusta-Richmond County Commission after a finding of due cause. Due cause for the probation, suspension or revocation of a license shall include but shall not be limited to, the following: (a) A violation of this Ordinance or any State or federal law governing the manufacture, transport, or sale of alcoholic beverages by the licensee or any person in his employ or in the employ of the establishment for which the license was issued. Financial Impact:N/A Alternatives:N/A Recommendation:Suspend the Business License and Alcohol License for ninety (90) days, place the Business License and Alcohol License on probation for a period of one (1) year beginning the last day of the ninety day suspension. Funds are Available in the N/A Cover Memo Item # 1 Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 1 December 9, 2019 Robert Sherman Asst. Director Augusta-Richmond County Planning and Development 1850 Marvin Griffin Rd Augusta, Ga. 30906 Re: 2507 Thomas Lane (Private I) Mr. Sherman, In recent months this office has had contact with the management of Private I, as it relates to operation of the business as well as the conduct that is allowed to exist within and surrounding it. The clubs Management has been counseled and advised about the Sale of alcohol and hours of operation. Members of the Sheriff’s Office have been to this location due to alcohol sales past permitted hours and operation past permitted hours. Investigator Ortiz inspected the property on October 19 at approximately 0300 hours and did observed a few subjects with alcohol. After speaking with the manager they advised alcohol sales were stopped at 0230 and the alcohol which was found was drinks they bought before 0230. On November 9th officers responded to the scene and had to advised Private I of Bar operating hours which the management advised they did not know. The following weekend they did close at the correct times. Investigator Ortiz has been in contact with a security officer who works at this location and was informed that the business was open on November 29th through the morning of the 30th. This employee advised there were people inside the business at 0330 am smoking and eating which is a violation which they were just given a warning for. The same employee also advised there were no officers present while open and the business has been told to have a minimum of 4 deputies working. Text messages have also been captured where the Management has requested only 1 or 2 deputies for certain nights which again is a blatant disregard for the requirements which have been set forth. In addition to the above within the last year there have been several incidents to include but not limited to Murder, Fights involving subjects who were found to be in possession of firearms inside the business, Subjects found to be in possession of firearms and drugs inside and outside of the business, convicted felons in possession of firearms, unlawful street gang activity, Robberies occurring inside and outside of the business involving firearms or the victim believing the suspect had a firearm, damaged property where cars have been shot due to shootings. The club and parking lot were full of patrons when the shootings occurred. In addition to these incidents there have been burglaries, thefts and fights. Attachment number 1 \nPage 1 of 2 Item # 1 The Sheriff’s Office is concerned with the safety of the patrons attending Private I along with using needed resources that should be elsewhere. Please consider this a formal request to bring Private I located at 2705 Thomas Lane before the Augusta Richmond County Commission to have their Alcohol license considered for suspension or probation. Respectfully Inv. Jose Ortiz Attachment number 1 \nPage 2 of 2 Item # 1 Public Service Committee Meeting 1/14/2020 1:00 PM Dance License Department:Planning & Development Presenter:Julietta H. Walton Caption:Adding Dance: A.N. 19-47: A request by Ollie W. Lee to add Dance to the Existing business know as Private "I" located at 2507 Thomas Lane. District 5. Super District 9. Background:This is an Existing Business. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $155.00 Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 2 Attachment number 1 \nPage 1 of 4 Item # 2 Attachment number 1 \nPage 2 of 4 Item # 2 Attachment number 1 \nPage 3 of 4 Item # 2 Attachment number 1 \nPage 4 of 4 Item # 2 Public Service Committee Meeting 1/14/2020 1:00 PM Entertainment Zone Right-of-Way Encroachment Department:Planning & Development Presenter:Rob Sherman Caption:For Approval. The Planning & Development Department recommends amending Augusta, Georgia Code, SIDEWALK ENCROACHMENTS, Section 3-8-11 so as provide regulations for right-of-way encroachments / sidewalk café, definitions to include entertainment zone, permit requirements, and general regulations, to Waive the Second Reading, and to provide an effective date. Background:At the November 6, 2018, regular meeting the Commission approved the recommendations outlined by Commissioner Frantom and the Entertainment Zone Committee regarding the defined entertainment zone area, an amendment to the noise ordinance, encroachment on the sidewalks, and the use of food trucks….The current Sidewalk Encroachment ordinance (Section 3-8-11), under certain conditions, allows for the use of the sidewalk for the placement of planters, merchandise, and table and chairs in front of restaurants…. During 2019, the Entertainment Zone Committee met several times, predominantly to discuss the placement of tables and chairs on the sidewalks. It was determined that the current ordinance needs to be updated. Analysis:The current sidewalk ordinance is dated and does not include regulations required to effectively administer the code. The proposed amendments provides for conducting business on certain public sidewalks, defines the Entertainment Zone boundaries, and outlines the permitting process to include an annual regulatory fee. Financial Impact:The proposed Ordinance amendment includes a $25.00 application fee and an annual $25.00 regulatory fee. Alternatives:Do not approve. Cover Memo Item # 3 Recommendation:Approval Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 3 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 3, CHAPTER 8, ARTICLE 1, STREETS AND SIDEWALKS, SECTION 3-8-11 SIDEWALK ENCROACHMENTS; SO AS TO PROVIDE FOR ENCROACHMENTS AND CONDUCTING BUSINESS ON CERTAIN PUBLIC SIDEWALKS, DEFINITIONS TO INCLUDE ENTERTAINMENT ZONE, PERMIT REQUIREMENTS, AND GENERAL REGULATIONS; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO WAIVE THE SECOND READING; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT THE AUGUSTA, GEORIGA RIGHT-OF-WAY ENCROACHMENT ORDINANCE IS AMENDED, AS FOLLOWS: SECTION 1. Title 3, Chapter 8, Article 1, Streets and Sidewalks, Section 3-8-11 Sidewalk Encroachments, is hereby amended by deleting this section in its entirety, AND new Section 3-8- 11 is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 2. This ordinance shall become upon adoption. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of , 2020. ______________________________ Hardie Davis, Jr. As its Mayor Attest: __________________________ Lena J. Bonner, Clerk of Commission Seal: Attachment number 1 \nPage 1 of 7 Item # 3 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2020 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: _________________________ WAIVE SECOND READING Attachment number 1 \nPage 2 of 7 Item # 3 “EXHIBIT A” Sec. 3-8-11. Sidewalk encroachments. (a) There shall be no physical encroachments or conduct of business on public sidewalks in Augusta-Richmond County, except where buildings on lots which adjoin such public sidewalks are set back ten (10) feet or less from the right-of-way line upon which such sidewalks are located. On the sidewalks in front of such lots there is hereby designated a sidewalk encroachment zone defined as follows: No more than five (5) feet, or 1/3 of the distance from the front property line provided, however, a minimum of five (5) feet shall be provided at all times for continuous, unobstructed pedestrian traffic on the sidewalk between the sidewalk encroachments and the curb or nearest obstacle. The following items may be placed within the sidewalk encroachment zone directly in front of such lots, subject to the other provisions of this section: sandwich board type signs (not to exceed twelve (12) square feet in area nor five (5) feet in height, nor be less than three (3) feet in height); tables and chairs; planters; benches; trash receptacles; and merchandise which, by local community standards, is not deemed to be objectionable, vulgar, distasteful, obscene or offensive. (b) All items placed on public sidewalks except large planters and trash receptacles shall be removed daily from the sidewalk after normal business hours. No items may be placed on public sidewalks that have not been approved by the Augusta-Richmond County Planning Commission. Such approval shall be in the form of an annual permit obtained from the Planning Commission. (Ord. No. 6319, § 1, 10-17-00) Sec. 3-8-11. Right-of-Way Encroachments / Sidewalk Café Permit - Restaurants Section 3-8-11.1 In General There shall be no physical encroachments or conduct of business on public sidewalks in Augusta-Richmond County, except where buildings on lots, which adjoin such public sidewalks, are set back ten (10) feet or less from the right-of-way line upon which such sidewalks are located. On the sidewalks in front of such lots there is hereby designated a right-of-way encroachment zone. The following items may be placed within the right-of-way encroachment zone directly in front of such lots, subject to the other provisions of this section: tables and chairs; planters; and benches; sandwich board type signs (not to exceed twelve (12) square feet in area nor five (5) feet in height, nor be less than three (3) feet in height); and merchandise which, by local community standards, is not deemed to be objectionable, vulgar, distasteful, obscene or offensive. (a) All merchandise placed on public sidewalks shall be removed daily from the sidewalk after normal business hours. Approval from the Planning & Development Department for the placement of merchandise is required, however a permit is not issued. (b) No items may be placed on public sidewalks in violation of this code. Attachment number 1 \nPage 3 of 7 Item # 3 Section 3-8-11.2. Definitions (a) Sidewalk Cafe. The term "sidewalk cafe" shall mean the location and possible use of furnishings which shall be limited to tables, umbrellas and/or chairs on the public sidewalk as permitted in this chapter and operated as an extension of a food establishment and which sidewalk cafe shall be an incidental activity of the establishment. The width of the sidewalk shall be measured from the face of curb to the right-of-way line. A sidewalk café requires approval through a permitting process as described in this code section. The sidewalk area that may be used for a sidewalk café is described below: (1) SIDEWALK THAT IS LESS THAN 10’ WIDE: No “sidewalk café” encroachments are allowed. (2) SIDEWALK THAT IS 10’ UP TO 19’ WIDE: No more than five (5) feet from the front property line provided, however, a minimum of five (5) feet shall be provided at all times for continuous, unobstructed pedestrian traffic on the sidewalk between the sidewalk encroachments and the curb; there must be a minimum of 36” of unobstructed passage to the nearest obstacle: i.e. tree, fire hydrant, etc. (3) SIDEWALK THAT IS 20’ WIDE OR MORE: No more than ten (10) feet, from the front property line provided, however, a minimum of ten (10) feet shall be provided at all times for continuous, unobstructed pedestrian traffic on the sidewalk between the sidewalk encroachments and the curb; there must be a minimum of 36” of unobstructed passage to the nearest obstacle: i.e. tree, fire hydrant, etc. (b) Merchandise: The term “merchandise” can include art, clothes, books, etc. The sidewalk area that may be used for displaying merchandise is described below: (1) No more than five (5) feet from the front property line provided, however, there must be a minimum of 36” of unobstructed passage to the nearest obstacle: i.e. tree, fire hydrant, etc. (c) Director. The term "Director" shall mean the Director of the Augusta Planning & Development Department, or his designee. (d) Permittee. The term "permittee" shall mean the recipient of a sidewalk cafe permit under the terms and provisions of this chapter. (e) Entertainment Zone. The term "Entertainment Zone" shall mean that area of Augusta, Georgia, in the Central Business District that is bounded by the Savannah River to the north, Greene Street to the south, Fifth Street to the east and Thirteenth Street to the west. Section 3-8-11.3. Permit It shall be unlawful for any person to operate a sidewalk cafe in the Entertainment Zone except as permitted in this Chapter. It shall be unlawful for any person to operate a sidewalk cafe as described in this ordinance without a permit issued by the Director, or to fail to comply with all sections of the sidewalk cafe ordinance. Such permit shall be renewed annually by payment of regulatory fee at the time business licenses are renewed. (a)The issuance of a sidewalk cafe permit shall not be construed or interpreted to convey any vested property rights or any leasehold rights or interests to any person or business. The holder of a permit shall have the right to enforce trespass laws within a sidewalk cafe area. Permittee's use of the sidewalk cafe area is subject to the rights of utility companies pursuant to franchise or easement. Prior to acceptance of a permit, a permittee shall acknowledge that permittee has inspected the sidewalk area and determined that the area is suitable for its purposes and that it assumes all risks associated with its use of such Attachment number 1 \nPage 4 of 7 Item # 3 area. The provisions of this chapter are subject to change with amendment(s) by the Augusta Commission from time to time. (b)Sidewalk cafe permits are non-transferable. Permits will expire upon the earlier of transfer of ownership, change in use of the establishment, or termination, suspension or revocation of a business tax certificate. Section 3-8-11.4 Application Any person desiring to operate a sidewalk cafe shall submit an application, on a form prescribed by the Director to the Planning & Development Department. The application shall include, but not be limited to, the following: (1) Name of applicant; (2) Name, address, and telephone number of establishment; (3) A copy of a valid Augusta, Georgia occupational tax certificate for the establishment of which the sidewalk cafe will be an incidental activity; (4) A signed Indemnity and a copy of a current certificate of insurance in the amounts and categories required by section 3-8-11.6 of this chapter. (5) A sketch identifying the perimeter area, the dimensions of the area, and the dimensions from perimeter to curb or nearest obstacle. . Applicant shall be notified within two weeks of application submission of approval/denial of permit. Application must be complete for two-week review period to begin. If permit is denied, applicant shall be provided an explanation of the denial. Sec. 3-8-11.5. Encroachment Permit Fee – Application Fee, Annual Regulatory Fee The permit application / encroachment permit fee to operate a sidewalk cafe shall be twenty-five dollars ($25) which includes one (1) inspection. Each additional inspection is twenty-five dollars ($25.00). A regulatory fee of twenty-five dollars ($25) is paid at the time the permit application is approved. The regulatory fee of twenty-five dollars ($25) is paid annually at the time the business license is renewed. Restaurants that have tables on the sidewalks on the date this code is adopted will have two months to comply with the ordinance. Sec. 3-8-11.6. Regulations Generally Except as otherwise provided herein, a sidewalk cafe shall comply with the following regulations: (1) Limitations on area. The area in which a sidewalk cafe is operated shall abut the outside front wall of the establishment of which it is an extension and shall not extend parallel in either direction beyond the outside front wall of the establishment. The area permitted for a sidewalk cafe is stated in Section 3-8-11.2 (a) of this code. (2) Sanitation. It shall be the responsibility and duty of the establishment to which the sidewalk café encroachment permit is issued to maintain the area covered by the permit in a clean, neat, and orderly manner at all times. The area shall be cleared of all debris at all times. Pressure washing by permittee shall be conducted using water only. The use of cleaning agents is prohibited. All furnishings are to be kept clean, sanitary, safe, and in structurally sound condition at all times. Attachment number 1 \nPage 5 of 7 Item # 3 (3) Removal of furnishings. All furnishings of a sidewalk cafe, to include tables, chairs, and umbrellas shall be removed from the public sidewalk area as notified by the Engineering Department for sidewalk cleaning, repairs, or maintenance. Removal shall be done at permittee’s sole expense. (4) Each table may be equipped with an umbrella that, when open, shall extend to at least the same diameter as the table it serves and shall be anchored with a weighted base. Any umbrella protruding into public space shall be positioned at a minimum height of seven feet. An umbrella may display the name or logo of the restaurant operating the sidewalk cafe and/or advertise a product. Each umbrella shall be maintained in good, clean, and operable condition. (5) Suspension or modification of operation. The Director shall have the authority, upon giving advanced notice, to require any sidewalk cafe operating in an area created by this section to suspend operation and clear such area, or to move or modify the location or operation of the sidewalk cafe, for reasons such as, but not limited to: a. Any permitted special event; b. Any street, sidewalk, or utility construction; c. Any emergency situation; or d. The protection of the health, safety, and welfare of the public. (6) The sale and consumption of alcoholic beverages within sidewalk cafes that abut the establishment’s building may be allowed in accordance with Augusta Alcohol Ordinance. (7) No items, materials (other than furnishings used in the normal operation of the sidewalk cafe), or trash shall be stored, kept, or maintained within the sidewalk cafe area. (8) Establishments located on the corner of two streets may apply for a sidewalk cafe permit that includes both street faces of the establishment. (9) The permittee shall have the responsibility to ensure that patrons are informed that open containers of alcohol, if otherwise permitted, are not allowed outside of the permitted sidewalk cafe area. (10) Other types of sidewalk encroachments such as the placement of tents on the sidewalk during Master’s Week will be considered by Director / Engineering Department on a case-by-case basis upon the submittal of the Encroachment Permit Application. (11) Other types of right-of-way encroachments outside “Entertainment Zone” will be considered by Director / Engineering Department on a case by case basis. The guidelines established herein will be in effect for all encroachment requests. Sec. 3-8-11.7 Liability and Insurance The permittee shall indemnify, defend, save, and hold harmless Augusta, Georgia, its officers and employees, from any and all claims, liability, damages, and causes of action which may arise out of the permit or the permittee's activity on the premises. The following is to be submitted with the completed Encroachment Permit Application: (1) Completed Indemnification. Augusta, Georgia must be named as an additional insured on this policy, and an endorsement must be issued as part of the policy reflecting compliance with this requirement. (3) Residential general liability in the amount of $300,000 per occurrence for bodily injury and property damage. Augusta, Georgia must be named as an additional insured on this policy, and an endorsement must be issued as part of the policy reflecting compliance with this requirement. (4) Augusta, Georgia must receive 30 days written notice prior to any cancellation, non-renewal, or material change in the coverage provided. Attachment number 1 \nPage 6 of 7 Item # 3 (5) The permittee must provide an original certificate of insurance as evidence that the above requirements have been met prior to issuance of a permit. Sec. 3-8-11.8. Revocation or suspension of permit The approval of a sidewalk café encroachment permit is conditional at all times. Any permit issued under this Ordinance is associated with the business tax certificate which may be put on probation, suspended and/or revoked by the Augusta, Georgia Commission after a finding of due cause in accordance with Augusta, Georgia Code Section 2-1-38. Sec. 3-8-11.9. Americans with Disabilities Act Any person or entity receiving a permit hereunder agrees to fully comply with all requirements of the Americans with Disabilities Act as currently existing or as may be hereafter amended. Sec. 3-8-11-10. Severability of part of Code It is hereby declared to be the intention of the Augusta Commission that the sections, paragraphs, sentences, clauses, and phrases of this chapter are severable, and if any phrase, clause, sentence, paragraph, or section of this chapter shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this chapter, since the same would have been enacted by the mayor and commission without the incorporation in this chapter of any such invalid phrase, clause, sentence, paragraph, or section. Attachment number 1 \nPage 7 of 7 Item # 3 INDEMNITY STATEMENT Right-of-Way Encroachment / Sidewalk Café Permit WHEREAS, _____________________________________________has submitted an application for a Right-of-Way Encroachment Permit / Sidewalk Café Permit to Augusta, Georgia, in connection with ____________________________________________________________________ business located at _____________________________________________________________________Augusta, Ga; and WHEREAS, conducting Sidewalk Café business on public right-of-way is allowed only through a permitting process; and NOW, THEREFORE, in consideration of Augusta, Georgia, issuing a Right-of-Way Encroachment Permit / Sidewalk Café Permit for the use of public property as provided for in Augusta, GA. Code, Section 3-8-11, Right-of-Way Encroachment Permit / Sidewalk Café Permit, _________________________________________________shall indemnify and save harmless Augusta, Georgia, the Augusta Commission, and their employees, agents, elected officials and officers, against any and all damages to property or injuries to or death of any person or persons, and shall defend, indemnify and save harmless Augusta, Georgia, the Augusta Commission, and their employees, agents, elected officials and officers, from any and all claims, demands, suits, actions or proceedings of any kind of nature, of or by anyone whomsoever, in any way resulting from or arising out of Augusta, Georgia, approving said Right-of-Way Encroachment Permit / Sidewalk Café Permit dated, _______________, 20__________, and submitted by ___________________________________ . This Indemnity Agreement is binding on the applicant / business _____________________________ _________________________________________who agrees that said permit is non-transferable, and that said permit will expire upon the earlier of transfer of ownership, change in use of the establishment, or termination, suspension or revocation of a business tax certificate. Signed, Sealed and Delivered This _____ day of ____________________, 20_____ in the presence of : _________________________________ ______________________________________ Witness Witness ____________________________________________________________________________________ Applicant / Business Owner______________ ______________________________ Commission Expires:_____________________ Notary Public Attachment number 2 \nPage 1 of 1 Item # 3 ENCROACHMENT PERMIT APPLICATION FORM Planning & Development Department 535 Telfair Street, Suite 300 Augusta, GA 30901 Office: (706) 821-1796, Fax: (706) 821-1806 LOCATION OF ENCROACHMENT (Business Name / Address where applicable): __________________________________________________________________________________________ If there is no address adjacent to proposed encroachment, describe limits by nearest existing street intersections. APPLICANT INFORMATION (PLEASE PRINT) FULL NAME: _____________________________________________________________________________ MAILING ADDRESS: ______________________________________________________________________ PARCEL NUMBER: _______________________________________________________________________ PHONE: ___________________________________ CELL: ___________________________________ EMAIL ADDRESS: ________________________________________________________________________ PROJECT INFORMATION DESCRIPTION OF ENCROACHMENT: _______________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ PERIOD OF TIME FOR ENCROACHMENT: INDEFINITE or OTHER:_____________________________ (circle one) SIGNATURE: _______________________________________________ Applicant agrees that if this application is granted, applicant shall indemnify, defend and hold harmless Augusta GA, its officers, agents, and employees against any and all liability, claims, actions, causes of action or demands, whatsoever against them, before administrative, quasi-judicial, or judicial tribunals of any kind whatsoever, arising out of, connected with or caused by the applicant’s placement, erection, use (by applicant or any other person or entity) or maintenance of said encroachment or until such time that this permit is revoked. Applicant further agrees that upon the expiration of the permit for which this application is made, of granted or upon the revocation thereof by Augusta GA, applicant will at his own expense, remove the same from public property or right-of-way where the same is located, and restore said public property of right-of-way to the condition as nearly as that which it was before the placing, erection, maintenance, or existence of said encroachment. Attachment number 3 \nPage 1 of 2 Item # 3 Applicant further agrees to obtain and keep all liability insurance required by Augusta GA. in full force and effect for however long the encroachment remains. Applicant shall furnish the Planning & Development Department with a Certificate of Insurance evidencing sufficient coverage for bodily injury or property damage liability or both and required endorsements evidencing the insurance required. The type(s) and amount(s) of insurance coverage required are: Residences: Homeowners General Liability coverage in the amount of at least $300,000 Commercial: Commercial Liability coverage in an amount of at least $1,000,000 The Commercial Liability policy must identify Augusta GA and its mayor, commission, officers, agents, employees, and designated volunteers as Additional Insureds. ENCROACHMENT PERMIT REQUIREMENTS 1) Application 2) Copy of Augusta, Georgia Occupational License (for Commercial) 3) Drawing; minimum 8 ½” x 11” showing location of encroachment relative to existing street including roadway, curb & gutter, sidewalk, and property or nearest street intersection. Drawing must include all necessary information for permit reviewer to locate proposed encroachment in the field and assist in making a determination regarding your request. For Sidewalk Café, drawings must include: A. Dimensions of encroachment area, length and width in relation to establishment, B. Distance to nearby existing sidewalk obstacles, C. Dimensions of all nearby pedestrian clearances, and D. Completed Indemnification 4) Type and Amount of Insurance Coverage for encroachment; A. Residence – Homeowners General Liability coverage in the amount of at least $300,000. B. Commercial – Commercial General Liability coverage in the amount of at least $1,000,000. C. Additional Insured Verbiage (for Commercial only): “Augusta GA, its mayor, commission, employees, agents, and volunteers are added as additional insured’s with respect to (encroachment description).” Attachment number 3 \nPage 2 of 2 Item # 3 {:1/ro"o Office of the Administratorr'9 I *t I A Janice Allen Jacksou, Adnritrisirator Jarvis Sims, Deputy Adminittrator Tony McDonald, Deputy Adnrinistrator Suite 910 Municiprl Building 5-15 fclfair Street - AUGUSTA, GA ,0901 (706) 82t-24O0 FAX (706) 8r r-28re November 6, 2018 lrEMo To FrLJ Tle Augusta, Georgia Commission, at their regular meeting held on Tuesday, November 6, 2018 qproved lhe remmmendations ou0ined by the Entertainmenl Zone Committee regarding trc defined entertainment zone aroa, an amendment to lhe noise ordinance, encroachmenl on the sidewalks ad the use of food trucks. (ffioved by Public 9ervices Comrnittee October 30, 2018) qlLh"" -t, Attachment number 4 \nPage 1 of 1 Item # 3 Public Service Committee Meeting 1/14/2020 1:00 PM Regulatory Fee Department:Planning & Development Presenter:Rob Sherman Caption:For Approval. The Planning & Development Department recommends amending Augusta, Georgia Code, Administrative and Regulatory Fee Structure, Section 2 -1-3(c), so as to establish the regulatory fee for Right-of-Way Encroachment / Sidewalk Café Permit, to Waive the Second Reading, and to provide an effective date. Background:At the November 6, 2018, regular meeting the Commission approved the recommendations outlined by Commissioner Frantom and the Entertainment Zone Committee regarding the defined entertainment zone area, an amendment to the noise ordinance, encroachment on the sidewalks, and the use of food trucks….The current Sidewalk Encroachment ordinance (Section 3-8-11), under certain conditions, allows for the use of the sidewalk for the placement of planters, merchandise, and table and chairs in front of restaurants…. During 2019, the Entertainment Zone Committee met several times, predominantly to discuss the placement of tables and chairs on the sidewalks. It was determined that the current ordinance needs to be updated. Analysis:The proposed regulatory fee is associated with the need to monitor the placement of tables and chairs on the sidewalk in front of restaurants. In the past, there have been times when tables and chairs have been spaced in front of restaurants from the building to the back of the curb. Financial Impact:The proposed Ordinance amendment is for a $25.00 per year regulatory fee. Alternatives:Do not approve the regulatory fee. Cover Memo Item # 4 Recommendation:Approval Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 4 ORDINANCE NO. __________ AN ORDINANCE TO AMEND AUGUSTA-RICHMOND COUNTY CODE SECTION 2-1- 3(c) SO AS TO ESTABLISH THE RIGHT-OF-WAY ENCROACHMENT SIDEWALK CAFÉ REGULATORY FEE; TO CORRECT AN ADMINISTRATIVE ERROR AND INCLUDE CONSUMER FIREWORK FEES PREVIOUSLY APPROVED ON DECEMBER 1, 2015; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO WAIVE THE SECOND READING; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT THE AUGUSTA, GEORIGA REGULATORY FEE SCHEDULE IS AMENDED, AS FOLLOWS: Section 1. Augusta-Richmond County Code § 2-1-3(c), is hereby amended by deleting said subsection in its entirety, and substituting in lieu thereof the following, to-wit: Sec. 2-1-3 (c). The regulatory fee schedule for persons in occupations and professions shall be as set below, and may be amended from time to time: Adult Entertainment Establishments $3,830.00 per year Adult Entertainment (live) $155. per day Amusement Parks $770.00 per year Arcades $385.00 per year Consumer Fireworks Special Use Permit $100.00 (ALLOW THE USE OF CONSUMER FIREWORKS AT TIMES OTHER THAN BETWEEN THE HOURS OF 10:00 AM AND MIDNIGHT, AND FROM 10:00 AM THROUGH 2:00 AM JANUARY 1, JULY 3, JULY 4 AND DECEMBER 31) Craft Show Promoters $460.00 per year Dance Hall License incidental to Alcohol License $155.00 per year Entertainment Venue: $385.00 per year Flea Markets 1 through 10 rental spaces $460.00 per year 11 or more rental spaces $770.00 per year Fortune Tellers $770.00 per year Going Out of Business Sales $155.00 per 90 days (May be renewed for 60 days) $155.00 Hybrid Restaurant $550.00 per year Incidental Alcohol License $250.00 per year Second Hand Goods $155.00 per year Special Entertainment Permit $50.00 Street Vendors $55.00 per day Temporary and Transient Vendors $195.00 per day Wreckers $40.00 per year Taxicabs $40.00 per year Attachment number 1 \nPage 1 of 2 Item # 4 Temporary Consumer Fireworks Retail Sales $500.00 Limousines $40.00 per year Vending Machines (per machine) $10.00 per year. Salvage Yards $350.00 Right-of-Way Encroachment / Sidewalk Café $25.00 per year Section 2. This ordinance shall become effective upon adoption. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Duly adopted by the Augusta-Richmond County Commission this _________ day of ______________, 2020. AUGUSTA-RICHMOND COUNTY COMMISSION ATTEST: By:____________________________________ ________________________ As its Mayor Clerk WAIVE SECOND READING Attachment number 1 \nPage 2 of 2 Item # 4 Public Service Committee Meeting 1/14/2020 1:00 PM Noise Ordinance Amendment Department:Planning & Development Presenter:Rob Sherman Caption:For Approval. The Planning & Development Department recommends amending Augusta, Georgia Code, Noise, Section 3-6-2 (b and d), so as to amend the hours for events in the Entertainment Zone, to Waive the Second Reading, and to provide an effective date. Background:At the November 6, 2018, regular meeting the Commission approved the recommendations outlined by Commissioner Frantom and the Entertainment Zone Committee regarding the defined entertainment zone area, an amendment to the noise ordinance, encroachment on the sidewalks, and the use of food trucks.…The current noise ordinance, Section 3-6-2 (b and d), limits the hours to 11:00 PM; the proposed amendments will extend the hours in the Entertainment Zone to 12:00 Midnight. Analysis:The proposed amendments will extend the time for events in the Entertainment Zone from 11:00 PM to 12:00 Midnight. Financial Impact:N/A Alternatives:Do not approve Recommendation:Approval Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo Item # 5 Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 5 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 3, CHAPTER 6, ARTICLE 18, NOISE, SECTION 3-6-2 (b and d): PROHIBITED NOISE ENUMERATED; SO AS TO AMEND THE HOURS THAT NOISE CREATED BY RADIOS, PHONOGRAPHS, SIMILAR DEVICES AND SINGING IN THE ENTERTAINMENT ZONE AS DEFINED IN AUGUSTA, GEORGIA CODE, SECTION 3-8-11.2(e) IS PROHIBITED; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO WAIVE THE SECOND READING; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME, THE NOISE ORDINANCE IS AMENDED AT IT APPLIES TO THE ENTERTAINMENT ZONE, AS FOLLOWS: SECTION 1. Title 3, Chapter 6, Article 18, NOISE, Sections 3-6-2 (b and d), are hereby amended by deleting these sections in their entirety, AND new Sections 3-6-2 (b and d), are hereby inserted to replace the repealed sections as set forth in “Exhibit A” hereto. SECTION 2. This ordinance shall become effective upon adoption. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2020. __________________________ Attest:______________________________ Hardie Davis, Jr. Lena J. Bonner, Clerk of Commission As its Mayor Seal: Attachment number 1 \nPage 1 of 3 Item # 5 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2020 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: _________________________ WAIVE SECOND READING Attachment number 1 \nPage 2 of 3 Item # 5 “EXHIBIT A” NOISE Sec. 3-6-2. Prohibited noises enumerated. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but this enumeration shall not be deemed to be exclusive: (b) Radios, phonographs, similar devices. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in a manner as to disturb the comfort, health, peace or safety of reasonable neighboring inhabitants of ordinary sensibilities. The operation of any set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which it is located shall be a prima facie evidence of a violation of this section. (d) Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel or other type of residence, or of any persons in the vicinity. NOISE Sec. 3-6-2. Prohibited noises enumerated. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but this enumeration shall not be deemed to be exclusive: (b) Radios, phonographs, similar devices. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in a manner as to disturb the comfort, health, peace or safety of reasonable neighboring inhabitants of ordinary sensibilities. The operation of any set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which it is located shall be a prima facie evidence of a violation of this section, except in the Entertainment Zone as defined in Augusta, Georgia Code Section 3-8-11.2(e) in which the operation of any set, instrument, phonograph, machine or device between the hours of 12:00 Midnight and 7:00 a.m. in manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which it is located shall be a prima facie evidence of a violation of this section. (d) Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel or other type of residence, or of any persons in the vicinity; and in the Entertainment Zone as defined in Augusta, Georgia Code Section 3-8-11.2(e) in which yelling, shouting, hooting, whistling or singing on the public streets, particularly between the applicable hours of 12:00 Midnight and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel or other type of residence, or of any persons in the vicinity. . Attachment number 1 \nPage 3 of 3 Item # 5 Public Service Committee Meeting 1/14/2020 1:00 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Public Services Committee held on December 10, 2019. 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 Commission Chamber - l2ll0l20l9 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Davis, Chairman; Hasan, Vice Chairman; Clarke and Fennoy, members. PUBLIC SERVICES 1. New Location: A.N. 19-43: A request by Jestene Hughes for a consumption ltem on premise Liquor & Beer License to be used in connection with Mustang Action: Lounge located at 2425 Milledgeville Rd. There will be Dance. District 2. Approved Super District 9. 2. New Ownership: A.N. 19-44 A request by Ajaykumar G. Patel for a retail Item package Beer & Wine License to be used in connection with Super Mini Mart Action: located at l8l2 Lumpkin Rd. District2. Super District 9. None Motions f#:" Motion Text Made Bv seconded BY Motion to . aDDrove.APProve uotion Passes 4-0. Motions Motion Motion Text'r'ype It was the consensus of the Committee that this item be referred to the full Commission with no recommendation. Commissioner Commissioner Ben Hasan william Fennoy Passes Motion Result Made Seconded Motion By By Result 3. Attachment number 1 \nPage 1 of 6 Item # 6 New Location: AjNL 19-45: A request by Melanie Harvey for a consumption Itemon premise Beer & Wine License to be used in connection with The Sol Food Action: Kitchen located at 471 Highland Ave. District 7 . Super District 10. Approved Motions f#:" Motion rext Motion to, aDDrove.APProve vtotion passes 4-0. Made By Commissioner Ben Hasan 4. New Location: A.N. 19-46: A request by Ravinder Jerath for a consumption Itemon premise Liquor, Beer & Wine License to be used in connection with Action: Baymont Inn & Suites located at 629 Frontage Rd. NW. District 3. Super ApprovedDistrict 10. Seconded By Commissioner William Fennoy Seconded By Seconded By Motion Result Passes Motion Result Motion Result 5. New Ownership: A.N. 19-48: A request by Andrew Duke for a consumption Item on premise Liquor, Beer & Wine License to be used in connection with Sky Action: City Group dlbla/Garden City Social located at 7157 Broad Street. There will Approved be Dance. District l. Super District 9. Motions r#:'" Motion rext Made Bv Motion to ^ aDDrove.APProve vtotion passes 4-0. Motions f#:"" Motion rext Made Bv Motion to . aDDrove.APProve vtotio, passes 4-0. Commissioner Commissioner Ben Hasan william Fennoy Passes Commissioner Commissioner Ben Hasan William Fennoy Passes 6. New Ownership Application: A.N. 19-49 A request by Naushad Hooda for a Item retail package Beer & Wine License to be used in connection with Super Action: Express #5 located at 3341Deans Bridge Rd. District 5. Super District 9. Approved Attachment number 1 \nPage 2 of 6 Item # 6 Motions Motion m , rf,- f,^ n-- cr^^^*r^.r D., Motion:""'"" Motion Text Made By Seconded By Result'l'ype Motion to . approve. Commissioner CommissionerApprove illl ion passes Ben Hasan william Fennoy Passes 4-0. 7. Discussion: Approve by resolution the designation of One Sunday during the ltem calendar year 2020 that bars can be open as provided in the Augusta Alcohol Action: Ordinance, Section 6-2-77 (3a). Super Bowl Sunday February 2,2020. Approved Motions $otion Motion Text Made By Seconded By Motion Type rvrvltv' t var rtrss! vJ Result Motion to ^ approve. Commissioner Commissioner nApprove Motion Passes Ben Hasan John clarke rasses 4-0. 8. Adding Dance: A.N. 19-47: A request by Ollie W. Lee to add Dance to the Item Existing business know as Private "I" located at2507 Thomas Lane. District Action: 5. Super District 9. APProved Motions Motion ^ r rh Motion:""'"" Motion Text Made By Seconded ByType Result Motion to delete this Delete item from the Commissioner Commissioneragenda. Ben Hasan John clarke Passes Motion Passes 4-0. 9. A motion to approve Mr. Cornell Mack as the new General Manager for Item RATP-DEV. Action: Approved Motions Y:j*i' Motion Text Made By Seconded By Motion Type Result Approve Passes Attachment number 1 \nPage 3 of 6 Item # 6 Motion to Commissioner Commissionerapprove. Ben Hasan John Clarke Motion passes 4-0. 10. Motion to approve the third amendment (6 month extension) with Hall ItemMarketing for consulting services with Augusta Regional Airport. Action:(Referred from December 3 Commission meeting) Rescheduled Motions Motion Motion Text Made By seconded By #r|ilrype Motion to refer this item to the firstDefer committee meeting commissioner commissioner passes inJanuaryenHasanJohnClarkel Motion Passes 4-0. 11. Discuss the city's agreement with the Laney-Walker Neighborhood to build Item new recreation facility at Dyess Park. (Requested by Commissioner Bill Action:Fennoy) Approved Motions Motion ru .:^- ry\---^ rr r h Motion- ------ Motion Text Made By Seconded BylYPe '''--- -r Result Approve Motion to approve Commissioner Commissioner Passes tasking the Interim William Ben Hasan Administrator and Fennoy Interim Deputy Administrator McDowell with scheduling a meeting with the residents of Dyess Park to determine if they would be amenable to holding their community meetings at the Johnson House and place Dyess Park as the priority project on the SPLOST Attachment number 1 \nPage 4 of 6 Item # 6 VIII project list. Motion Passes 4-0. 12. A motion to receive as information an emergency procurement of repair Item services at the McDuffie Woods Community Centers. Action: Approved Motions [-oj1" Motion Text Made By Seconded By HJil'l'ype Motion to approve ^ receiving this item Commissioner CommissionerApprove u', irnor-ation. Ben Hasan william Fennoy Passes Motion Passes 4-0. 13. Discuss the process for the construction and location of the new arena. Item (Requested by Commissioner Marion Witliams) Action: Approved Motions IVlotion Seconded Motion;'"' "- Motion Text Made ByType rr^'rru' ,.r rvrsuv sJ By Result Motion to approve ^ receiving this item as Commissioner hTASSESAPProve information. Ben Hasan Motion Passes 4-0. 14. Discuss 143 Ministries located at 2801 Ingleside Drive. (Requested by Item Mayor Pro Tem Sean Frantom) Action: Approved Motions Y:jtt-" Motion Text Made By seconded By Motion Type Result Motion to approve ^ receiving this item as Commissioner CommissionerAoorove :-:-^""? "'^" :"":,^""'""-^ :;'^'^;-;.----^ Passesinformation. Ben Hasan John Clarke Motion Passes 4-0. 15. Motion to approve the minutes of the Public Services Committee held on Item November 12,2019. Action: Approved Motions Attachment number 1 \nPage 5 of 6 Item # 6 Motion Motion Text Made By seconded By MotionTYPe Result Motion to Approve i||ffiu,,., ;:fffi::f*' ,"JnTt',Ti";"' passes 4_0. www.augustaga.qov Attachment number 1 \nPage 6 of 6 Item # 6