HomeMy WebLinkAbout2019-09-24 Meeting Minutes Administrative Services Committee Meeting Commission Chamber - 9/24/2019
ATTENDANCE:
Present: Hons. Hardie Davis, Jr., Mayor; Sias, Chairman; Clarke, Vice
Chairman; Davis and B. Williams, members.
ADMINISTRATIVE SERVICES
1. Motion to approve an amendment to the AUGUSTA, GA CODE Section
1-2-13 (Rules of Procedure), Section 2.01.02 to clarify that any voting
member of the Commission is permitted to a make a motion at any point,
without needing recognition by the Chair, during any public meeting of the
Commission, to become effective upon approval. (Approved
by Commission September 3, 2019)
Item
Action:
Disapproved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Deny
Motion to deny. Ms.
Davis out.
Motion Passes 3-0.
Commissioner
Bobby Williams
Commissioner
Sammie Sias Passes
2. Update regarding the BH3 City Leadership Initiative and the benefits to the
City of Augusta. (Requested by Mayor Hardie Davis, Jr.)
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Delete
Motion to delete this
item from the agenda.
Motion Passes 4-0.
Commissioner
Bobby Williams
Commissioner
Mary Davis Passes
3.
Approve award of contract to provide professional services to assess the long
term space needs of Augusta, Georgia Government operations to LS3P of
Savannah, Georgia in the amount of $118,000.00. RFQ 19-231
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to approve.
Mr. Clarke votes No.
Motion Passes 3-1.
Commissioner
Bobby Williams
Commissioner
Mary Davis Passes
4. Presentation regarding the Fight Blight Initiative through the Joint
Collaboration Committee (JCC) and request input from the Augusta
Commission on funding redevelopment efforts in the target area. See
December 18, 2018 presentation from Environmental Services. (Requested
by Mayor Hardie Davis, Jr.)
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Motion
Result
Approve
Motion to approve
receiving this item as
information and state our
continued support for
this Collaboration. Ms.
Davis out.
Motion Passes 3-0.
Commissioner
Bobby
Williams
Commissioner
John Clarke Passes
5. Presentation from the Augusta Land Bank Authority. (Requested by
Commissioner Ben Hasan)
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to approve
receiving this item as
information.
Motion Passes 4-0.
Commissioner
Bobby Williams
Commissioner
Mary Davis Passes
6. Discuss Smart City Augusta Initiatives. (Requested by Mayor Hardie Davis,
Jr.)
Item
Action:
Approved
Motions
Motion Text Made By Seconded By Motion
Result
Delete
Motion to delete this
item from the agenda.
Motion Passes 4-0.
Commissioner
Bobby Williams
Commissioner
Mary Davis Passes
7. Motion to approve Housing and Community Development Department’s
(HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding
to contract with Captialrise LLC to construct two (2) workforce, residential
units on Boyd Lane.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to approve.
Ms. Davis out.
Motion Passes 3-0.
Commissioner
Bobby Williams
Commissioner
John Clarke Passes
8. Discuss Homeless Initiatives for the City of Augusta currently being
implemented and what additional things can be done to positively impact the
lives of the homeless community. (Requested by Mayor Hardie Davis, Jr.)
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to delete this
item from the agenda.
Motion Passes 4-0.
Commissioner
Sammie Sias
Commissioner
Mary Davis Passes
9. Motion to approve the minutes of the Administrative Services Committee held
on September 10, 2019.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve Passes
Motion to approve.
Ms. Davis out.
Motion Passes 3-0.
Commissioner
John Clarke
Commissioner
Bobby Williams
www.augustaga.gov
Administrative Services Committee Meeting
9/24/2019 1:10 PM
Attendance 9/24/19
Department:
Presenter:
Caption:
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
ORDINANCE NO. __________________
AN ORDINANCE TO AMEND AUGUSTA, GA CODE SECTION 1-2-13 (RULES OF
PROCEDURE) TO ALLOW ANY VOTING MEMBER OF THE AUGUSTA
COMMISSION TO MAKE A MOTION AT ANY POINT WITHOUT BEING
RECOGNIZED BY THE CHAIR; AND FOR OTHER PURPOSES.
WHEREAS, AUGUSTA, GA CODE Section 1-2-13 (Rules of Procedure) addresses the rules
of procedures and processes for conducting public meetings of the Augusta Commission
(“Commission”); and
WHEREAS, the Commission may amend its Rules of Procedure at any time; and
WHEREAS, the Commission deems that every voting member of the Augusta
Commission shall have the opportunity to make a motion, at any time, during a public meeting
and such motions shall be governed by the Commission’s Rules of Procedure; and
WHEREAS, the Commission desires to amend AUGUSTA, GA CODE Section 1-2-13
(Rules of Procedure), Section 2.01.02 so that any voting member of the Commission is permitted
to a make a motion at any point without needing recognition by the Chair, during any public
meeting of the Commission.
.
THE AUGUSTA, GEORGIA COMMISSION hereby ordains as follows:
SECTION 1. Augusta, GA Code Section 1-2-13 (Rules of Procedure), as re-adopted by the
Commission on July 10, 2007, is hereby amended as set forth in the attached “Exhibit A.” Augusta,
GA Code Section 1-2-13, Section 2.01.02 is amended and shall read as follows:
2.01.02 All Commissioners must conduct themselves in a professional and respectful
manner. All remarks should be directed to the Chairman-Mayor and not to individual
Commissioners, staff or citizens in attendance. Personal remarks are inappropriate. A
Commissioner may not speak at a meeting until he or she has been recognized by the
Chairman-Mayor unless speaking to make a motion. Any voting member (i.e.,
Commissioner) can make a motion at any point without needing recognition by the chair.
All comments made by a Commissioner shall address the motion that is being discussed.
SECTION 2. This ordinance and the incorporated amendment shall be effective upon adoption
by the Augusta Commission and shall be made a part of the Augusta Code of Ordinances in
accordance with applicable laws.
SECTION 3. The sections, paragraphs, sentences, clause and phrases of this ordinance are
severable. Should any provision of this ordinance be rendered invalid by a court of law, the
remaining provisions shall continue in force and effect until amended or repeal by action of the
Commission.
SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Adopted this ____ day of _______________, 2019.
______________________________
Hardie Davis, Jr.
As its Mayor
Attest:
________________________________
Lena J. Bonner, Clerk of Commission
1st Reading:______________________
2nd Reading:______________________
“Exhibit A”
RULES OF PROCEDURE
for the
AUGUSTA, GEORGIA
COMMISSION
CONTENTS
Section 1.01 Meeting- Time and place; Committees
Section 1.01.01 Regular, Meetings, Special Meetings, Committee Meetings
Section 1.01.02 Adjourned Meetings
Section 1.01.03 Executive Session Meetings
Section 1.02 Quorum
Section 1.03 Chairman-Mayor
Section 1.04 Vice Chairman-Mayor Pro Tempore
Section 1.05 Absence of Chairman-Mayor and Vice Chairman-Mayor Pro Tempore
Section 1.06 Minutes
Section 1.06.01 Content of Minutes
Section 1.06.02 Approval of Minutes
Section 1.07 Regular Agenda
Section 1.08 Consent Agenda
Section 1.08.01 Voting on Consent Agenda
Section 1.08.02 Non-agenda Items
Section 1.09.01 Voting
Section 1.09.02 Roll Call Vote
Section 1.09.03 Voting “en gross”
Section 1.09.04 Discussion Following Vote
Section 1.09.05 Tie Votes
Section 1.10 Public Participation in Commission Meetings
Section 1.11 Appointments by the Commission
Section 2.00 Decorum of Debate
Section 2.01 Adherence to Agenda
Section 2.02 Discussion of the Issue
Section 2.03 Call to Order, Remarks
Section 2.04 Discussion Through the Chair
Section 2.05 Disruptions
Section 2.06 Call to Order, Action
Section 2.07 Call “Out of Order”
Section 3.00 Procedure in Meetings
Section 3.01 Motions
Section 3.01.01 Motions in General
Section 3.01.02 Divide the Motion
Section 3.01.03 Discuss by Paragraphs
Section 3.01.04 Withdrawal of Motion
Section 3.01.05 Considered en Gross
Section 3.01.06 “Filling in the Blank”
Section 3.02 Main Motions
Section 3.03 Ranking of Motions
Section 3.04 Subsidiary Motions
Section 3.01.01 Postpone Indefinitely
Section 3.04.02 Amend
Section 3.04.03 Refer to a Committee
Section 3.04.04 Postpone to a time Certain
Section 3.04.05 Limit or Extend Limits of Debate
Section 3.04.06 Vote Immediately
Section 3.04.07 Lay on the Table
Section 3.05 Privileged Motions
Section 3.05.01 Question of Privilege
Section 3.05.02 Recess
Section 3.05.03 Adjourn
Section 3.06 Incidental Motions
Section 3.06.01 Appeal
Section 3.06.02 Parliamentary Inquiry
Section 3.06.03 Point of Order
Section 3.06.04 Point of Information
Section 3.07 Supplementary Main Motions
Section 3.07.01 Reconsider
Section 3.07.02 Rescind
Section 3.07.03 Resume Consideration
Section 4.00 Actions of the Commission
Section 4.01 Ordinances and Resolutions
Section 4.02 Signing, Authentication, and Records
Section 4.03 Publication of Ordinances, Notices, etc.
Section 5.00 Parliamentarian
Section 6.00 Parliamentary Authority
Section 7.00 Amendments
APPENDIX Parliamentary Definitions
OPERATIONAL PROCEDURE
1.01 MEETING-Time and place; committees.
1.01.01 Except for the months of April and July, Regular Commission meetings shall be
held on the first and third Tuesday of each month at 2:00 p.m. in the Commission Chambers
on the second floor of the Municipal Building. Except as otherwise provided by law, all
meetings of the Commission shall be public meetings.
1.01.01(a) The first meeting in April of each year shall be held on the last week of
the preceding March.
1.01.01(b) The first meeting in July of each year shall be held on the last week of
the preceding June.
1.01.02 Regular Commission meetings for Executive Session matters and matters
requiring urgent approval shall be held on the second and last Tuesday of every month at
11:00 a.m. in the Commission Chambers on the second floor of the Municipal Building.
1.01.02(a) Executive Session meetings shall be conducted in accordance with the
Georgia Open Meetings Act.
1.01.03 Except for the months of April and July, all regular committee meetings shall be
held on the second and last Tuesday of every month in the Lee N. Beard Commission
Chamber beginning at 1:00 p.m. with the Public Services Committee starting first every
time followed by an alphabetic rotation of the following committees Administrative
Services, Engineering Services, Finance, Public Safety on a two-month rotation cycle.
1.01.03(a) The last committee meetings in March of each year shall be cancelled
and all items on such committees shall be forwarded to the last Commission
meeting in March.
1.01.03(b) The last committee meetings in June of each year shall be cancelled and
all items on such committees shall be forwarded to the last Commission meeting in
June.
1.01.04 Other called meetings of the Commission and Committees and the subject, dates
and time of these meetings may be scheduled as needed and notification of such meetings
shall be provided to the public in advance as required by law.
1.01.05 If there is a necessity to change the time and date of the regular meeting of the
Commission or Committees or of any specially called meetings or any executive session
meeting, this shall be done by request of the Mayor or a majority of the members of the
Commission, provided a majority of the Commissioners can attend the meeting which shall
be held on a different day. Notice of the time and date change shall be provided to the
Mayor and Commission.
1.01.06 The Commission may hold such additional meetings as shall be deemed
necessary when called by the Mayor or a majority of the members of the Commission,
provided all members shall have been notified at least twenty-four (24) hours in advance
of the special meeting. Provided, further, that a majority of the Commission may convene
the same in extraordinary session for emergency business, such a natural disaster or civic
disturbance, whenever in their judgment it may be necessary.
1.01.07 An adjourned meeting is a continuation of the meeting immediately preceding,
whether a regular or special meeting.
1.01.07(a) If a scheduled meeting of the Commission is not completed due to time
constraints or emergency, the meeting shall be adjourned to the following day or to
a specific day scheduled by the Commission to allow for the completion of pending
business.
1.01.07(b) In an adjourned meeting (regular or special), only business which would
have been proper to consider at the immediately preceding meeting may be
considered and acted upon at the adjourned meeting.
1.01.07(c) Adjourned meetings resume business under the same rules, limitations
and rights as the immediately preceding meeting.
1.01.08Any action taken at any committee meeting (other than to postpone the agenda item to the
next, or a future, committee meeting) shall be placed on the agenda of the regular meeting,
regular called meeting, or special meeting of the full Commission for approval of the action
of the committee. In the event there is no quorum at a committee, all such items on such
agenda shall be placed on the agenda of the next regular meeting of the full Commission.
1.02 QUORUM
1.02.01 Seven (7) members of the Commission shall constitute a quorum for any meeting
of the Augusta, Georgia Commission.
1.02.02 If a quorum is not present thirty (30) minutes following the scheduled hour for
convening the meeting, the Chairman-Mayor or the Vice Chairman-Mayor Pro Tempore,
or in their absence, the Administrator (or his/her designee), may adjourn the meeting until
the next day. By unanimous consent of those Commissioners present, the meeting may be
adjourned to another hour and day.
1.02.03 If during the meeting there ceases to be a quorum, all business must stop except
that the Commission, by majority vote to be recorded in the minutes (naming those present
at the time of the vote) may:
l.02.03(a) fix another day at which to reconvene;
l.02.03(b) adjourn and return at the next regular meeting;
l.02.03(c) recess to determine if a quorum will be present within a short period of
time.
1.03 Chairman-Mayor.
1.03.01 The Chairman-Mayor shall have the rights and privileges of the other
Commissioners with respect to debate, but shall have the right (but is not obliged) to vote
on any matter (excluding appointment of any Commissioner to a committee and excluding
voting as a member of any Committee as provided in the Consolidation Act) only to break
a tie or to create a tie. Additionally, his/her duties during meetings shall include:
1.03.01(a) presiding over meetings of the Commission;
1.03.01(b) calling the meeting to order at the scheduled hour;
1.03.01(c) determining that a quorum is present;
1.03.01(d) preserving decorum and order at all meetings,
1.03.01(e) making the Commissioners aware of the substance of each motion;
1.03.01(f) calling for each vote;
1.03.01(g) announcing the results of each vote;
1.03.01(h) calling for a recess at such times as deemed advisable.
1.03.02 The Chairman-Mayor shall exercise such other duties as prescribed in
Consolidation Act or by ordinance.
1.04 Vice Chairman-Mayor Pro Tempore. A Vice Chairman-Mayor Pro Tempore shall be
elected from among the district Commissioners at the first regular meeting in January of each odd-
numbered year as provided in the Consolidation Act. The Vice Chairman-Mayor Pro Tempore
shall serve for a period of two years and shall have all rights, privileges and duties of the chair in
the absence of the chair (excluding the right to vote to create or break a tie), and in addition shall
have the right to make motions and vote on any issue, including matters coming before any
Committee of which he is a member. The Vice Chairman-Mayor Pro Tempore may succeed
himself/herself, subject to the two consecutive term limitation contained in the Consolidation Act.
1.05 Absence of Chairman-Mayor and Vice Chairman-Mayor Pro Tempore. In the absence
of the Chairman-Mayor and Vice Chairman-Mayor Pro Tempore, the Administrator shall
determine whether a quorum is present. If a quorum is present, the Administrator shall call for the
election of a temporary chair. The temporary chair shall preside over that meeting or until the
conclusion of the business immediately pending at the time the Chairman-Mayor or Vice
Chairman-Mayor Pro Tempore arrives.
1.06 Minutes.
1.06.01 All actions of the Commission, except for actions described in O.C.G.A. § 50-14-
3 and § 50-14-4, (or as these sections may be amended from time to time), shall be
accurately recorded by the Clerk (or his/her designee) in the minutes which minutes shall
include:
1.06.01(a) all main motions, exactly as worded when adopted (including
amendments or stipulations);
1.06.01(b) the name of the maker of all important motions;
1.06.01(c) disposition of all main motions, Whether
1.06.01(c)(l) adopted;
l.06.01(c)(2) defeated;
l.06.01(c)(3) referred to committee or to staff for further information or
recommendations;
l.06.01(c)(4) held until a definite time;
l.06.01(c)(5) the vote of each Commissioner; and l.06.0l(c)(6) comments of
Commissioners verbatim.
1.06.02 The minutes of meetings of the Commission shall, at a minimum, briefly describe
all statements made and shall record the actions taken by the Commission. Any statement
shall be recorded in full at the request of a member of the Commission. A member of the
Commission may incorporate an additional statement when the minutes are read. The
minutes shall be read before they are approved as soon as is possible or feasible but in no
case later than the next regular meeting of the Commission.
1.06.03 The responsibility for correcting and approving the minutes shall be vested only
in the members of the Commission. The minutes of each meeting shall indicate their
subsequent approval/ correction. The minutes may be corrected whenever an error is
noticed upon approval of the Commission regardless of the time which has elapsed since
recording of the minutes.
1.06.04 The minutes shall be attested to by the Clerk or his/her designee.
1.07 Regular Agenda.
1.07.01 All agenda items shall include all supporting documentation and such shall be
submitted to the Clerk for inclusion on the agenda for all meetings of the Commission.
1.07.02 Subject to the limitation of Rule 1.07.08, the Administrator, any elected official
and any member of the Commission shall have the right to have an item placed on the
regular agenda of the Commission provided said item is submitted to the Clerk of
Commission no later than 9:00 a.m. on the Thursday prior to the Tuesday of the regular
Commission meeting or any regular Committee meeting. An item may be added to the
regular agenda after the 9:00 a.m. Thursday deadline with the unanimous consent of the
commission members in attendance. Unanimous consent of the committee members
present shall be required to add and item to a committee agenda after the 9:00 a.m.
Thursday deadline.
1.07.03 The Clerk shall be responsible for assembling the agenda and distributing it to all
Commissioners no later than Friday in advance of the scheduled meeting.
1.07.04 An item may be removed from the agenda after 9:00 a.m. on the Thursday prior to
the Tuesday of the regular Commission meeting with unanimous approval of the members
of the Commission attending the regular meeting.
1.07.05 An item may be removed from the agenda prior to 9:00 a.m. on the Thursday prior
to the Tuesday of the regular Commission meeting upon the request of the individual who
was responsible for placing the item on the agenda.
1.07.06 No item pertaining to alcoholic beverage application shall be placed on the agenda
within one (1) year from the date of the denial of the application by the Commission.
1.07.07 No item pertaining to zoning shall be placed on the agenda for the same zoning
classification within one (1) year from the date of the denial of the application by the
Commission.
1.07.08 If an item has appeared on the Commission Agenda and been defeated, or if no
action is taken on an item, it shall not be considered again by the Commission until it has
been discussed at the committee level.
1.08 Consent Agenda.
1.08.01 All items contained in the consent agenda may be voted on en gross. Prior to the
vote on the consent agenda, any Commissioner may withdraw an item from the consent
agenda so that it shall be voted on individually.
1.08.02 A non-agenda item shall be defined as that which is deemed by a Commissioner to
require urgent attention, but which has not been placed on the published agenda.
1.08.02(a) If a Commissioner requests that a non-agenda item be added to the
consent agenda, he/she must provide the specific item, and the reasons immediate
attention is required, to the Commission.
1.08.02(b) The unanimous consent of the Commissioners present at the meeting
shall be required to add an item to the consent agenda.
1.09 Voting.
1.09.01 All votes shall be taken by raised hand, except those which the chair handles
through unanimous consent (i.e., "If there are no objections ... "), and unless there is a
request for a roll-call vote. A single objection will require that a counted vote be taken. An
affirmative vote of at least six (6) members of the Commission shall be required to adopt
a motion, except where otherwise indicated.
1.09.02 Any Commissioner shall have the right to request a roll call vote on any issue, in
which event the chair shall direct the Clerk to call the roll in alphabetical order, except that
the Chairman-Mayor's name shall be called last and only when his vote will create or break
a tie. As each Commissioner's name is called, such Commissioner shall vote either "yes"
or "no" to the question presented. To verify the vote and to correct possible errors, the
Clerk repeats the vote after each member responds to his name. At the conclusion of the
roll call, the Chairman-Mayor can ask if anyone entered the room after his name was called.
Changes of the vote are also permitted before the result is announced.
1.09.03 When an entire agenda "tab" has been moved to be voted upon by an en gross vote
(see Section 3.01.05 herein), a Commissioner may, without discussion state that he/she is
voting in the affirmative on all of the agenda items on that "tab" except certain ones which
he/she will name by number. In such cases, the votes of the Commissioner(s) will be
recorded as negative for the items named, unless the Commissioner abstains as provided
in Section 1.09.06.
1.09.04 If a motion has been voted on without discussion and a Commissioner feels that it
is necessary to explain his/her vote, he/she may have no more than one minute to give
public reasons for his/her vote. The chair will not allow the Commissioner to repeat
discussion that has already taken place at the same meeting, however.
1.09.05 A tie vote shall cause all procedural motions to be defeated. A tie vote on a main
motion shall keep the motion as pending before the Commission and the motion shall be
rescheduled for another time; Provided, however, the Chairman-Mayor shall have the right
to vote to create or break a tie.
1.10 Public Participation in Commission Meetings.
1.10.01 Persons wishing to address the Commission shall do so during the Public Comment
portion of the agenda.
1.10.02 Subject to the limitations provided for herein, speakers will be allowed to appear
before the Commission at the public comment session prior to the regular agenda with each
speaker allotted a maximum of five (5) minutes for their presentation.
1.10.02(a) Persons seeking to complain about the performance or lack thereof of an
employee of Augusta, Georgia shall submit such requests to the Administrator for
resolution. Such requests for public comment will not be heard by the Commission or any
committee.
1.10.02(b) Persons or businesses seeking to do business with Augusta, Georgia
shall submit such requests to the Administrator for consideration in accordance with the
requirements of the Procurement Code. Requests to make presentations for products or
services will not be heard by the Commission or any committee except as permitted by the
Procurement Code.
1.10.03 Each speaker must submit a request in writing, including his/her address, which
will state the topic of discussion, to the Clerk's office no later than 9:00 a.m. on the
Thursday preceding the next regularly scheduled Commission.
l.10.04 An extension of the five (5) minute limit per person may be granted upon the
affirmative vote of six (6) members of the Commission.
1.10.05 If deemed advisable by the Chairman- Mayor, a written response to a speaker may
be provided by the appropriate County staff within thirty (30) days. The Commission may
respond verbally at the completion of any speaker's presentation.
1.10.06 After each individual speaker's remarks have concluded, the Chairman Mayor may,
but shall not be required to, briefly respond, either personally or through another member
of the Commission whom the Chairman-Mayor shall designate. In addition, when a request
for special action or a grievance has been heard the matter will be referred to the
Administrator (or his/her designee) who will prepare a response to the matter. If necessary,
action on the matter for consideration of the Commission will be placed on the agenda for
the second regular meeting following the date of the comment.
1.10.07 No speaker will be allowed to return on public comment on the same issue within
a period of ninety (90) days; however a speaker may return on another issue following the
policy and procedure.
1.10.08 All speakers, other than salaried members of the Augusta, Georgia staff, shall
address the Commission in the following manner:
l.10.08(a) Stating name and address (address is required only if individual has not
previously provided address to Clerk).
l.10.08(b) Stating whether he/she is speaking for himself/herself or for another;
l.10.08(c) Stating if he/she represents an organization and whether he/she is being
compensated by the organization for whom he/she speaks;
l.10.08(d) Stating whether he/she or any member of his/her immediate family has
a personal interest in the pending matter.
l.10.08(e) Stating his/her comments.
1.10.09 All remarks shall be to the Commission as a body and addressed through the chair.
Remarks shall not be made to a particular Commissioner.
1.10.10 Questions from Commissioners, the Administrator, and/or the Augusta Richmond
County Attorney may be made for clarification. However, no person shall be permitted to
enter into any discussion, either directly or through a member of the Commission, without
permission of the chair.
1.10.11 All remarks must be related to the issue on which the speaker has requested to be
heard. No person shall be allowed to make impertinent, derogatory, offensive or slanderous
remarks while addressing the Commission.
1.10.11(a) A person may be barred from further speaking before the Commission
in that meeting if his/her conduct is deemed "out of order";
1.10.11(b) Once barred for improper conduct, a speaker shall not be permitted to
continue or again address the Commission in that meeting unless a majority vote of
the Commission allows;
1.10.11(c) In the event a speaker who is barred fails for improper conduct to obey
the ruling, the chair may take such action as is deemed appropriate, including the
removal of such person from the assembly;
1.10.11l(d) The Commission may bar a person from addressing Commission
meetings for up to sixty (60) days for improper conduct. A person barred by the
Commission for this period may request a hearing by written request to the chair,
which request shall state the reason(s) for a reversal of the decision. All requests
for hearings shall be placed on the agenda and heard by the Commission. An
affirmative vote of six (6) members of the Commission shall be required to overturn
the previous decision to bar the persons.
1.10.11(e) If not otherwise recognized by the Chair, upon motion and the
affirmative vote of six (6) members of the Commission, the Commission may allow
public comment on an agenda item at the time the item is being considered by the
Commission. These comments must be limited to the subject that is being debated.
Members of the public may speak for five minutes and may only speak once. These
limits can be waived by the affirmative vote of six (6) members of the Commission.
1.10.11(f) The Commission may schedule public hearings for the purpose of
soliciting public comment on any subject of interest to the Commission. Hearings
may be held immediately prior to or following a meeting of the Commission or at
such other places and times as the Commission may determine. No official action
shall be taken at any such public hearing.
1.11 Appointments by the Commission.
1.11.01 Appointments shall be made as necessary. When it is has been determined, by the
Consolidation Act or other rule or manner, that it is the "right" or "turn" of a particular
Commissioner to nominate a candidate for a position, such nominee must be elected by a
majority of the Commission. If any nominee, however nominated, fails to receive a
majority vote, alternate candidate(s) may be nominated until the position is filled by
majority vote.
1.11.02 Any appointment to fill an expired or a new term on any board or commission,
which appointment is made by the Commission, shall not have less than six (6) votes of
approval.
2.00 Decorum of Debate. The following practices shall be followed in debate on motions and
matters presented to the Commission.
2.01 Adherence to Agenda.
2.01.01 In discussion, the remarks made by the Commissioners shall be confined to the
motion or matters immediately before the Commission.
2.01.02 All Commissioners must conduct themselves in a professional and respectful
manner. All remarks should be directed to the Chairman-Mayor and not to individual
Commissioners, staff or citizens in attendance. Personal remarks are inappropriate. A
Commissioner may not speak at a meeting until he or she has been recognized by the
Chairman-Mayor unless speaking to make a motion. Any voting member (i.e.,
Commissioner) can make a motion at any point without needing recognition by the chair.
All comments made by a Commissioner shall address the motion that is being discussed.
2.01.03 During these remarks a Commissioner must observe the same rules of decorum as
those set forth in Section 2.02 below, and may be called to order by the Chairman-Mayor
or another Commissioner if there is a breach of those rules.
2.01.04 A Commissioner may not interrogate another Commissioner, staff or citizens. No
one shall attempt to enter into discussion with a Commissioner who has chosen to avail
himself/herself of this opportunity to share his/her opinions with the public.
2.02 Discussion of the Issue. In discussion, a Commissioner may condemn the nature of likely
consequences of the proposed measure in strong terms, but must avoid a discussion of
personalities, and under no circumstances may he/she attack or question the motives of another
Commissioner or staff. The issue, and not a person, shall be the item under discussion. Any
Commissioner wishing to discuss an issue shall be allowed to do so; however, discussion of any
particular issue by any particular Commissioner shall be limited to two (2) minutes of discussion
and one (1) minute of rebuttal, unless debate is extended by the chair or by motion as provided in
Section 3.04.05 hereof.
2.03 Call to Order, Remarks. The chair shall immediately call as "out of order" any remarks
made outside the issue being addressed. Additionally, another Commissioner may call this breach
of procedure to the attention of the chair and other Commissioners. In either case, the speaking
Commissioner shall be required to continue with his/her remarks confined to the issue.
2.04 Discussion Through the Chair. All discussion shall be made through the chair, and one
Commissioner may not interrogate another Commissioner or person speaking from the public
except through the chair (or with the permission of the chair).
2.05 Disruptions. During discussion or voting, no Commissioner shall disturb the other
Commissioners in any way that may be considered disruptive to the proceedings or that may
hamper the transaction of business by the Commission.
2.06 Call to Order, Action. The chair may rule as "out of order" any action deemed inappropriate
or dilatory and may interrupt a speaker for reasons deemed necessary by the chair. The Chairman-
Mayor shall say, "Commissioner/speaker, those remarks are out of order. Please cease this line of
comment and make appropriate comment to the issue.
2.07 Call of "Out Of Order".
2.07.01 If a member of the Commission refuses to comply with these Rules of Procedure
the following procedure shall be used:
2.07.0l(a) The Commissioner shall be "called to order" by the chair, who shall say,
"Commissioner ______ [using name], you are now out of order. If you persist a
reprimand will be entered into the record."
2.07.0l(b) If a Commissioner defies the ruling of the chair, the Chairman Mayor
shall state, "Commissioner, you are personally out of order. Let the record indicate
a reprimand against Commissioner ____________Commissioner ____________,
you have a right at this time to appeal the ruling of the chair by asking that a roll
call vote of the Commissioners present be taken and a statement by each
Commissioner be recorded as to why he/she is for or against the ruling of the chair.
A majority vote of the members of the Commission present shall govern."
3.00 Procedure in Meetings.
3.01 Motions.
3.01.01 In order for the Commission to take any official action on any subject, a
Commissioner must propose a Main Motion or there must be a Recommended Main
Motion, as provided in Section 3.01.02(a). A proposed Main Motion must be seconded
before there will be discussion on the motion. A second does not require the Commissioner
seconding the motion to support the motion. A Commissioner may withdraw a Main
Motion that he has made as provided in Section 3.01.04 hereof, at any time before the
Commission has voted on that motion. Prior to taking a vote, the chair shall state the motion
(or resolution) or its substance, or he/she may call upon the Clerk or secretary to do so.
3.01.02 If the motion presented contains two (2) or more parts capable of standing as
separate motions, a Commissioner may move to "Divide the Motion." This motion shall
require a second and discussion shall be allowed only on why it should or should not be
divided. A majority vote shall be required to adopt the motion to "divide the motion."
3.01.03 If a main motion is in the form of a resolution or document containing several
paragraphs or sections which are not separate motions but could be discussed more
efficiently if discussed in sections, a motion to Discuss by Paragraphs, Sections, or
Numbered Agenda Items under a "tab," may be made. A second shall be required and
discussion shall be brief as to the necessity for the action. A majority vote shall be required
to "consider by paragraphs, sections, or numbered agenda items under a 'tab'."
3.01.04 Once a motion has been moved and seconded, it belongs to the entire Commission
and not to the maker of the motion; therefore, if a Commissioner wishes to Withdraw a
motion that is officially before the Commission, action of the Commission must be taken
in either of the following ways:
3.0l.04(a) The chair may ask the Commission if there are any objections to the
motion being withdrawn. If there are no objections, the motion shall be withdrawn
by unanimous consent, without the need for the seconder to withdraw his/her
second;
3.0l.04(b) If there is an objection to the motion being withdrawn, then the chair
shall take an official vote on the "motion to withdraw the motion", a second being
required. A majority vote shall be required to adopt the motion to "withdraw the
motion."
3.01.05 If a Commissioner feels that time could be saved by acting on all of the agenda
items under a "tab," he/she may move that it be "Considered en Gross." (See Section
1.08.02.)
3.01.06 When several alternatives need to be considered (such as staff recommendations
that propose various options for the Commission to consider), unlimited choices may be
considered by "Filling the Blank" in the motion:
3.0l.06(a) No Commissioner may suggest more than one proposal for filling the
blank without unanimous consent from the other Commissioners;
3.01.06(b) Each proposal shall be debatable and shall be treated as an independent
item to be voted on separately until one has been approved by a majority. As soon
as one proposal has received a majority, no others shall be considered;
3.0l.06(c)Alternatives (from staff recommendations and/or suggestions by
Commissioners) are listed in logical order for voting:
3.0l.06(c)(l) Names are listed in the order in which they were proposed,
3.0l.06(c)(2) Other proposals are listed in the order of their probable
acceptability, beginning with the least popular choice.
3.02 Main Motions.
3.02.01 A main motion is a motion whose introduction brings business before the
Commission.
3.02.0l(a) Recommended Main Motions- A recommendation from staff, or another
item published in the agenda for action, shall be handled as an Recommended Main
Motion by the chair. That is, the chair shall, upon the conclusion of a report, state,
"The question (or motion) before you is ... " (stating the motion in the affirmative).
No second will be required in these instances and the chair, in assuming such
motion, is not presumed to be in favor of the motion and may speak against it if
he/she so wishes.
3.03 Ranking of Motions.
3.03.01 Each subsidiary and privileged motion is assigned a specific rank. A motion of
higher precedence can interrupt motion of lower precedence. The higher motion must be
decided before the Commission returns to consider the motion of lower precedence.
3.03.02 A main motion has the lowest rank and does not take precedence over any other
motion. A motion to adjourn has the highest rank and will take precedence over all other
subsidiary and privileged motions. The order of precedence of motions shall be in
accordance with this Section. Motions at the top of the following list take precedence over
motions at the bottom of the list.
HIGHEST RANK:
PRIVILEGED MOTIONS (Undebatable)
1. Adjourn
2. Recess
3. Question of Privilege
SUBSIDIARY MOTIONS (Undebatable)
4. Lay on the Table (Postpone
Temporarily)
5. Vote Immediately (Previous
Question)
6. Limit Debate or Extend
SUBSIDIARY MOTIONS (Debatable)
7. Postpone to a Time Certain
(Postpone Definitely)
8. Refer to Committee (Commit)
9. Amend
10. Postpone Indefinitely
OTHER MOTIONS
LOWEST RANK-
11. Main Motion
3.04 Subsidiary Motions. During the course of debate, Commissioners may introduce motions
that propose that the Commission take a particular action on a main motion. These motions are
called subsidiary motions and they allow the Commission to reach a conclusion on the main
motion. Subsidiary motions require a second before they can be voted on or debated. Three
subsidiary motion, Amend, Limit Debate, and Vote Immediately, also can apply to other subsidiary
motions.
3.04.01 Postpone indefinitely. If a Commissioner believes that the main motion should not
be considered by the Commission, that Commissioner may move to postpone the
consideration of the main motion indefinitely. If the motion is successful, consideration of
the main motion stops and the main motion is tabled for the duration of the meeting. A
motion to postpone indefinitely can be debated, but it can be amended. A majority vote of
the Commission is required for the motion to pass.
3.04.02 Amend. If a Commissioner believes that a main motion that is on the table should
be changed in order to make it more acceptable, he can move to amend the motion.
Amendments must be closely related to the original motion and must not change the nature
of the motion that they amend. Motions to refer, amend, postpone to a time certain and the
motion to recess can also be amended. A motion cannot be amended more than two times.
Debate is allowed on a motion to amend only if the original motion is debatable. Debate is
limited to the proposed amendment. A majority vote is required for the Commission to
adopt an amendment. If the amendment is adopted then the Commission shall consider the
amended version of the motion. Concerning the amending of particular motions:
3.04.02(a) If a Commissioner feels that the main motion might be more acceptable
stated other than as presented, the Commissioner may amend through substitution,
insertion of stipulations, striking out portions, or striking out and inserting portions.
A substitute motion shall be treated as a motion to amend. Such proposed
amendments shall be handled in one of the following ways:
3.04.02(a)(l) by unanimous consent of the Commissioners; the chair, or
another Commissioner, through the chair, may suggest changes or
stipulations, and if there are no objections from the Commissioners, the
motion shall be amended by unanimous consent.
3.04.02(a)(2) with a second, discussion and a majority vote on the proposed
amendment.
3.04.02(b) If a proposed amendment fails to obtain unanimous consent or a majority
vote, the main motion considered shall be the one originally presented.
3.04.02(c) An amendment must be germane (relating to the substance of the main
motion) and may not introduce an independent question.
3.04.02(d) Improper amendments shall be:
3.04.02(d)(l) one(s) which are not germane,
3.04.02(d)(2) one(s) which would make the adoption of the amended
motion equivalent to a rejection of the motion;
3.04.02(d)(3) one(s) which are, in the opinion of the Chairman Mayor,
frivolous or absurd.
3.04.03 Refer to A Committee (Commit). If a Commissioner believes that further
information is needed before the Commission can act on a main motion, he may propose
that the motion be referred to a specific committee or department for further study. If an
appropriate committee does not already exist, then a committee may be formed as a part of
the motion. A motion to commit should specify the date that the committee or department
will report back to the Commission. A motion to refer shall require a second and shall be
debatable only as to whether or not it shall be referred, to whom it shall be referred, or
when the person to whom it is referred shall report back. If the motion fails, the motion to
be considered shall be that motion which was on the floor prior to the motion to refer. This
motion is amendable. A majority vote is required for the motion to pass.
3.04.04 Postpone to a Time Certain (Postpone Definitely). A motion to postpone to a
certain time may be proposed if a Commissioner believes that the main motion should not
be considered until a future time. This motion shall set a particular time for the main motion
to be considered again. It is debatable and can be amended. A motion to hold to a time
certain shall require a second and discussion shall be limited to the reason for holding the
motion or the time to which it is to be held. If the motion fails, the motion to be considered
shall be that motion which was on the floor prior to the motion to hold to a time certain. If
this motion is passed, the Chairman-Mayor will bring the original motion back to the
Commission for consideration at the specified time which may be at the same meeting, at
a subsequent meeting, or upon the occurrence of a specified event. A majority vote of the
Commission is required for the motion to pass.
3.04.05 Limit or Extend Limits of Debate. A motion to limit debate places a time constraint
on the length of debate. The details of such a motion are to be decided by the Commissioner
who makes the motion. This motion can also be used to extend the limits of debate if a
limit on debate already exists. Debate is not allowed on this motion. A majority vote of the
Commission is required for the motion to pass.
3.04.06 Vote Immediately (Call The Question). A Commissioner may move to "call the
question" (i.e., move to end discussion) when it is clear that further discussion is
unnecessary or that discussion is becoming repetitive. This motion shall not require a
second and no discussion on the motion shall be allowed. If there is no objection, then it
will be presumed there is unanimous consent. Should there be an objection, an affirmative
vote of a majority of the Commission shall be required.
3.04.07 Lay on the Table (Postpone Temporarily). A motion to lay on the table proposes
that the consideration of a main motion be postponed until a later time in the same meeting.
The main motion can be brought back for consideration only if a motion to Resume
Consideration is accepted by the Commission during the same meeting. The motion will
die if it is not taken up during the meeting. Debate is not allowed on this motion and the
motion is not amendable. A majority vote of the Commission is required for the motion to
pass.
3.05 Privileged Motions. Privileged motions facilitate the running of the meeting. They do not
address or relate to a main motion and can be introduced whether or not there is a main motion
under consideration. Privileged motions take precedence over all subsidiary motions. Debate is
not allowed on these motions.
3.05.01 Question of Privilege. A formal question addressed to the chair concerning the
rights of a Commissioner or of the Commission as a whole is referred to a question of
privilege. It does not require a second and cannot be debated or amended. The chair is
required to make a ruling on the question, and no vote is required unless a motion arises
out of the privilege.
3.05.0l(a) If any matters occur which impede the Commission's completion of its
business (e.g., noise, mechanical difficulties with equipment, matters that affect the
safety, orderliness, or comfort of the Commissioners, or affecting the honor of an
individual Commissioner) any Commissioner may state to the Chairman Mayor
that he/she has a question of privilege and the matter must be addressed before the
pending business of the Commission continues.
3.05.02 Recess. A motion to recess proposes that the meeting be suspended for a particular
amount of time when business is still pending. It is a temporary intermission of the
proceedings. A recess may be taken as it appears on the agenda or as it is declared by the
chair when he/she deems it advisable or by a motion from a Commissioner. The motion
must specify the length of the recess. The motion must also be seconded. Debate is not
allowed on this motion, but the motion can be amended. A majority vote is required for the
motion to pass.
3.05.03 Adjourn. The highest ranking motion shall be the motion to adjourn, requiring a
second and a majority vote with no discussion allowed, except that the motion shall contain
a time to hear any non-completed items on the agenda, if such exist. If all business on the
agenda has been completed, the chair may assume the motion and, without a second, obtain
unanimous consent to adjourn.
3.06 Incidental Motions. Incidental motions allow Commissioners to exert their rights as a
member of the Commission. Incidental motions can be introduced at any time during a meeting.
3.06.01 Appeal. Whenever a Commissioner believes that the chair is mistaken in a ruling,
a Commissioner may Appeal the Chair's Decision. An appeal shall require a second and
shall be debatable with the chair speaking first to explain his/her ruling. The chair may also
close out the debate with a statement defending the ruling. An appeal may be made only
on a ruling and may not be made:
3.06.01(a) in response to a parliamentary inquiry or point of information; or
3.06.01(b) in areas that challenge verifiable rulings of a factual nature.
3.06.01(c) The chair shall state the motion as Shall the Chair's decision be
sustained? A tie vote shall sustain the chair, because a majority vote of the
Commission shall be required to overturn the chair's ruling. An Appeal is high in
precedence and can only be interrupted by a privileged motion or by a motion to
lay on the table.
3.06.02 Parliamentary Inquiry. A Parliamentary Inquiry is a question directed to the chair
to obtain information on a matter of parliamentary law or the rules of the Commission.
This question should take the form of a parliamentary inquiry and should relate to the
current business of the Commission. The chair will answer such questions or may ask the
Augusta, Georgia Attorney or parliamentarian for an opinion. The chair's reply, whether or
not he/she has requested advice from the Augusta Richmond County Attorney or
parliamentarian, is an opinion, not a ruling. If a Commissioner does not agree with the
chair's opinions he/she may act in a way contrary to this opinion and if ruled out of order
may then appeal the chair's ruling. The chair is not obligated to respond to hypothetical
questions.
3.06.03 Point of Order (Question of Order). If a Commissioner believes that a violation of
the rules of parliamentary procedure has occurred, he can raise a point of order. A second
is not required. The chair can make a ruling on the question or can allow the Commission
to debate and then rule on the question by majority vote. A point of order can only be
interrupted by a privileged motion or by a motion to lay on the table.
3.06.04 Point of Information (Request for Information). If a Commissioner has a question
about the facts of a particular issue that is being considered, he may ask a point of
information. A Point of Information is a request, directed to or through the chair, for
information relevant to the business at hand, but not related to parliamentary procedure.
This motion is addressed first to the appropriate person. A second is not required, and the
motion is not debatable or amendable.
3.07 Supplementary Main Motions. Three motions allow the Commission to act on a main
motion that has either been passed or tabled by the Commission. These motions are considered to
be main motions but differ from usual main motions in the ways specified.
3.07.01 Reconsider. The motion to reconsider allows the Commission to debate whether
or not to overturn a decision made at the meeting that is in progress. It allows the
Commission to consider new information that may affect the decision that has already been
made. Any Commissioner can make a motion to reconsider and any Commissioner may
second the motion. The motion is debatable, but it cannot be amended. A majority vote of
the Commission is required for the motion to pass. If a motion to reconsider is passed, the
original decision will be voided, and the Commission will return to debate and revote the
original motion.
3.07.02 Rescind. A motion to rescind proposes that the Commission overturn a motion
passed at a previous meeting. A motion to rescind can be made by any Commissioner. It is
in order as long as the original motion has not been implemented, but the motion to rescind
shall not be in order if:
3.07.02(a) the motion to rescind is made, at the same meeting in which the action
was taken;
3.07.02(b) a motion to reconsider was taken and lost;
3.07.02(c) the matter is routine and only part of the action needs to be changed, in
which case the motion to "amend a previously adopted action" shall be used;
3.07.02(d) something has been done as a result of the vote to implement the earlier
action adopted. An announcement of the intention to rescind a motion may be made
at the meeting where the decision was made, or the Commissioner seeking to
rescind may place the matter on the agenda for the next meeting. The motion to
rescind will then be placed on the agenda for the next meeting. At the next meeting,
the motion to rescind will formally be made. If it is seconded, then the Commission
shall debate and vote on revision. A majority vote of the Commission is required
for the motion to pass. If a motion to rescind is passed, the original decision will be
voided.
3.07.03 Resume Consideration. The motion to resume consideration allows the
Commission to consider a motion that has been temporarily postponed. This motion
requires a second and is not debatable or amendable. It is a main motion but ranks higher
than any debatable motion. A majority vote is required for the motion to pass.
4.00 Actions of the Commission. All communications to persons, firms or corporations affected
by actions taken at a called or regular meeting of the Commission shall be made by the
Administrator for Augusta, Georgia, informing them of the action taken.
4.01 Ordinances and Resolutions.
4.01.01 Every ordinance or resolution proposed for adoption by the Commission shall be
introduced in writing and the caption of each ordinance shall be read previous to the
adoption of the ordinance, unless some member of the Commission shall then and there
demand that the entire ordinance be read. Upon such demand being made, the clerk shall
read the entire ordinance. No ordinance or resolution shall pass which refers to more than
one subject matter or contains matter different from that expressed in the title thereof,
except ordinances or resolutions adopting the annual operating and capital budgets and
general codification and revisions of ordinances and resolutions of the Commission.
4.01.02 Except for emergency ordinances under subsection 4.01.03 of this section or
ordinances amending the Zoning Map for Augusta, Georgia, or upon a unanimous vote of
the Commission, no ordinance shall be adopted until it has been read or presented in written
form at two meetings held not less than one week apart. A resolution may be adopted at
the same meeting at which it is introduced. The affirmative vote of at least six (6) members
of the Commission shall be required for the adoption of any ordinance or resolution;
Provided, however, a vote of two-thirds of the Commission, excluding the Chairman
Mayor, shall be required to change any provision of the Consolidation Act as required by
said Consolidation Act. The passage of all ordinances or resolutions shall require the
recording of "ayes" and "nays" and the names of the members of the Commission voting
for and against each proposed ordinance or resolution or amendment thereto shall be
entered in the minutes of the proceedings of the Commission.
4.01.03 To meet a public emergency threatening life, health, property, or public peace, the
Commission may adopt emergency ordinances or resolutions, but such ordinances or
resolutions may not be enacted to levy taxes, or to grant, renew or extend a franchise, or to
regulate the rate charged for any public utility or service, or to authorize the borrowing of
money. An emergency ordinance or resolution shall be in the form prescribed for
ordinances or resolutions generally, except that it shall be plainly designated as an
emergency ordinance or resolution and shall contain a declaration stating what emergency
exists. An emergency ordinance or resolution may be adopted with or without amendment
or may be rejected at the meeting at which it is introduced, but the affirmative vote of at
least six (6) members of the Commission shall be required for its adoption. It shall become
effective upon adoption or at such later time as it may specify.
4.01.04 The caption of each ordinance shall be read once previous to the adoption of the
ordinance. All readings of every ordinance shall be by reading the caption of such
ordinance only, unless some member of the Commission shall then and there demand that
the entire ordinance be read. Upon such demand being made, the clerk shall read the entire
ordinance.
4.02 Signing, Authentication, and Recording. Every ordinance or resolution adopted by the
Commission shall be submitted to the Chairman-Mayor for his/her signature as promptly as
practicable following its adoption. The Clerk of the Commission shall authenticate by the Clerk's
signature and cause to be recorded in full all ordinances and resolutions adopted by the
Commission and signed by the Chairman Mayor or otherwise becoming law in a properly indexed
book kept for such purpose which shall be a public record and open to public inspection. The
Commission shall further provide for the periodic updating, revision, codification, and printing of
all ordinances or resolutions of a general and permanent nature, together with such codes of
technical regulations and other rules and regulations as the Commission may require.
4.03 Publication of Ordinances, Notices, etc. It shall be the duty of the Chairman-Mayor to have
published in the official gazette or newspaper of Augusta, Georgia the ordinances of the
Commission, the proclamations of the Chairman-Mayor and all other official notices of either the
Commission or the Chairman-Mayor ordered to be published by them, respectively; also, such
other matters as the Chairman-Mayor may deem advisable to publish. The ordinances of the
Commission shall be published one time; all other matters shall be published such number of times
as the Commission or the Chairman-Mayor may direct. The Chairman Mayor shall have published
in such official gazette or newspaper only the captions of the ordinances of the Commission and
shall not have the bodies of such ordinances published.
5.00 Parliamentarian. The Augusta, Georgia Attorney or his/her designee shall serve as
parliamentarian and shall advise and assist the chair and the Commission in matters of
parliamentary law. A professional parliamentarian may be consulted as deemed necessary.
6.00 Parliamentary Authority. The latest edition of ROBERT'S RULES OF ORDER NEWLY
REVISED shall govern meetings of the Augusta, Georgia Commission in all areas in which it is
applicable and in which it is not inconsistent with these rules adopted by the Commissioners, or
with higher law.
7.00 Amendments. These Rules may be amended by a majority of the entire Commission at a
regular meeting or special meeting of the Augusta Richmond County Commission, provided notice
has been given of the amendment(s) at the meeting prior to the vote on the amendment(s).
APPENDIX
Parliamentary Definitions
The following parliamentary definitions apply to the RULES OF PROCEDURE FOR THE
Augusta, Georgia Commission
adjourn - to officially terminate a meeting
adjourned meeting - a meeting that is a continuation at a later time of a regular or special
meeting
adopt - to approve or pass by whatever vote is required for the motion affirmative vote - a
vote in favor of the motion as stated
agenda - the official list of items of business planned for consideration during the meeting
approval of minutes - formal acceptance of the record at a meeting, thus making this record
the official minutes of the Commission
chair - the Chairman-Mayor or Vice Chairman- Mayor Pro Tempore
Code of Conduct - The Richmond County Code of Conduct
Commission - the Augusta, Georgia Commission
Commissioner - any of the ten members serving on the Commission elected from the ten
(10) districts established by the Consolidation Act
Commission parliamentary rules- the body of rules and principles that is applied by the
courts in deciding litigation involving the procedure of any organization does not include
statutory law or particular rules adopted by any organization or Commission
Consolidation Act - the Act consolidating the City Council of Augusta and Richmond
County found in 1995 Ga. Laws p. 3648
convene - to open a meeting
debate - formal discussion of a motion under the rules of parliamentary law and more often
herein referred to as discussion
defer or hold - to delay action by referring the motion to staff (or an agency, committee,
etc.) for more information, or by postponing a vote to a certain time
demand - an assertion of a parliamentary right by a Commissioner dilatory motions or
tactics - misuse of procedures or motions that are out of order or would delay or prevent
progress in a meeting
floor - when a person receives formal recognition from the chair, he/she "has the floor" and
is the only person entitled to speak
germane amendment - an amendment relating directly to the motion to which it is applied
germane discussion - discussion relating directly to the matter involved
hearing - a meeting for the purpose of listening to the views of an individual or of a
particular group on a particular subject in order - permissible and right from a
parliamentary standpoint
majority vote - an affirmation vote of at least six (6) Commissioners or the vote of five (5)
Commissioners and the vote of the Chairman-Mayor in the event of a tie
minutes - the legal record of the action of the Commission after the record has been
approved by vote of the body
motion - a proposal submitted to the Commission for its consideration and decision; it is
introduced by the words, "I move that ... "
objection - the formal expression of opposition to a proposed action
order of business - the adopted order in which the business is presented to the meeting of
the Commission
out of order - not correct, from a parliamentary standpoint, at the particular time
parliamentary authority - the code of procedure adopted by the Commission as its
parliamentary guide, governing in all parliamentary situations not otherwise provided for
in the Consolidation Act, the Code of Richmond County, the Code of the City of Augusta,
or other governing Bodies
pending motion - sometimes referred to as pending question; a motion that has been
proposed and stated by the chair for the Commission's consideration and that is awaiting
decision by vote
precedence - the order or priority governing the motion
precedent - a course of action that may serve as a guide or rule for future similar situation
procedural motion - motion to assist the Commission in treating or disposing of a main
motion; or, motion relating to the pending business otherwise at hand
proposal or proposition - a statement of a motion of any kind for consideration and action
O.C.G.A. - Official Code of Georgia Annotated
quorum - the number of persons that must be present at a meeting of the Commission to
enable it to act legally on business; seven (7) members of the Commission shall constitute
a quorum for any meeting of the Augusta, Georgia Commission
recognitions - acknowledgement by the chair, giving a person sole right to speak
reconsider - to review again a matter previously disposed of and to vote on it again; must
be made on the same day of business
request - a statement to the chair asking a question or some "right"
rescind - to nullify or cancel out a previous action, cannot be made if action has already
been taken to implement the motion it wishes to rescind
resolution - a formal motion, usually in writing, and introduced by the word "resolved" that
is presented to the
Commission for a decision ruling - the chair's decision as it relates to the procedure of the
Commission
second - a Commissioner's statement that he/she is willing to have the motion considered
seriatim - consideration by sections or paragraphs
statute - a law passed by the Georgia legislature
technical inquiry - request for information relevant to the business at hand
tie vote - a vote in which the affirmative and negative votes are equal on a motion
unanimous consent - deciding on a motion without voting on it but where no Commissioner
voices objection, with a single objection a vote must be taken
unfinished business - any business that is postponed definitely to a time certain
Note-The Rules of Procedure for the conduct of parliamentary business coming before the
Augusta, Georgia Commission were first adopted by the Commission in 1996.
Secs. 1-2-14-1-2-25. Reserved.
Administrative Services Committee Meeting
9/24/2019 1:10 PM
Amendment of Commission Meeting Procedures
Department:Law
Presenter:Law
Caption:Motion to approve an amendment to the AUGUSTA, GA CODE
Section 1-2-13 (Rules of Procedure), Section 2.01.02 to clarify
that any voting member of the Commission is permitted to a
make a motion at any point, without needing recognition by the
Chair, during any public meeting of the Commission, to become
effective upon approval. (Approved by Commission September
3, 2019)
Background:Currently, Augusta, GA Code Section 1-2-13 (Rules of
Procedure), Section 2.01.02, establishes that “a Commissioner
may not speak at a meeting until he has been recognized by the
Chairman-Mayor.” At the Commission regular meeting held on
September 3, 2019 the Augusta Commission passed a motion “to
approved that any voting member of this body can make a
motion at any point without being recognized by the Chair.”
Attached is AN ORDINANCE TO AMEND AUGUSTA, GA
CODE SECTION 1-2-13 (RULES OF PROCEDURE) TO
ALLOW ANY VOTING MEMBER OF THE AUGUSTA
COMMISSION TO MAKE A MOTION AT ANY POINT
WITHOUT BEING RECOGNIZED BY THE CHAIR; AND
FOR OTHER PURPOSES.
Analysis:The Commission deems that every voting member of the
Augusta Commission shall have the opportunity to make a
motion, at any time, during a public meeting and such motions
shall be governed by the Commission’s Rules of Procedure.
Financial Impact:None
Alternatives:None
Recommendation:Approval of Motion.
Funds are
Available in the
Following
Accounts:
None
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Lena Bonner
From:
Sent:
To:
Cc:
Subject:
Ms. Bonner:
Mayor Hardie Davis, Jr.
Thursday, September L2,2019 8:24 AM
Lena Bonner
Marcus Campbell; Latisha McMillan; Natasha L. McFarley
Commission Agenda Items for September 17 2019
Good morning. Please add the following items to the full Commission Agenda per the subject:
l. Update regarding the BH3 City Leadership Initiative and the benefits to the City of Augusta
2. Discuss Smart City Augusta Initiatives
3. Discuss Homeless Initiatives for the City of Augusta curently being implementecl and what additional things
can be done to positively impact the lives of the homeless community
Respectfully,
Hardie Davis, Jr.
Ivlayor City of Augusta Georgia
Mayordavi s@augustaga. gov
706.821.183 1 office
il io$1.r11 ot1ho.,-rrBil tra[i${r)ifrsron. l{voriiicaliorl is reqili.ed, ptease request a harr, copy versi0rr.
Ai:i):1fia'l
Administrative Services Committee Meeting
9/24/2019 1:10 PM
BH3 City Leadership Initiative
Department:
Presenter:Mayor Hardie Davis, Jr.
Caption:Update regarding the BH3 City Leadership Initiative and the
benefits to the City of Augusta. (Requested by Mayor Hardie
Davis, Jr.)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Request for Qualifications
Request for Qualifications will be received at this office until Thursday, May 30, 2019 @ 3:00 p.m. for furnishings for:
RFQ Item #19-231 Comprehensive Space Needs Plan – Augusta, GA – Central Services Department – Facilities
Maintenance
RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
535 Telfair Street - Room 605
Augusta, Georgia 30901
RFQ documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFQ
documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605,
Augusta, GA 30901.
A Mandatory Pre Qualifications Conference will be held on Tuesday, May 14, 2019, @ 3:00 p.m. in the Procurement
Department, 535 Telfair Street, Room 605, Augusta, Georgia 30901.
All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to
the office of the Procurement Department by Thursday, May 16, 2019 @ 5:00 P.M. No RFQ will be accepted by fax, all
must be received by mail or hand delivered.
No RFQ may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract
with the successful bidder(s).
Request for Qualifications (RFQ) and specifications. An RFQ shall be issued by the Procurement Office and shall include
specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions,
applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited
to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements
designated by the Procurement Department are considered material conditions of the bid which are not waivable or
modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted
through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the
Augusta, Georgia Commission. Please mark RFQ number on the outside of the envelope.
Proponents are cautioned that acquisition of RFQ documents through any source other than the office of the Procurement
Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the proponent at the risk of
receiving incomplete or inaccurate information upon which to base their qualifications.
Correspondence must be submitted via mail, fax or email as follows:
Augusta Procurement Department
Attn: Geri A. Sams, Director of Procurement
535 Telfair Street, Room 605
Augusta, GA 30901
Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle April 18, 25, May 2, 9, 2019
Metro Courier April 18, 2019
OFFICIAL
VENDORS Attachment
"B"
E-Verify
Number
SAVE
Form Addendum 1 Original 7
Copies
Studio 3 Design Group
1617 Walton Way
Augusta, GA 30904
2KM Architects
529 Greene Street
Augusta, GA 30901 Yes 312290 Yes Yes Yes Yes
Johnson Laschober &
Associates
1296 Broad Street
Augusta, GA 30901
Yes 226309 Yes Yes Yes Yes
Chris Booker &
Associates
670 Broad Street
Augusta, GA 30901
Yes 667907 Yes Yes Yes Yes
Axis
1111 Cambridge Sq.
Alpharetta, GA 30009
LS3P
321 W. Congress St.
Savannah, GA 31401 Yes 177991 Yes Yes Yes Yes
Pond/Flynn Finderup
Architecture
1301 Gervais Street,
Suite 1300
Columbia, SC 29201
Cooper Carry
191 Peachtree St., NE,
Suite 2400
Atlanta, GA 30303
Yes 122329 Yes Yes Yes Yes
Sizemore Group
342 Marietta Street
Atlanta, GA 30313 Yes 211424 Yes Yes Yes Yes
RFQ Opening
RFQ Item #19-231
Comprehensive Space Needs Plan
for the Augusta, GA – Central Services Department-
Facilities Maintenance Division
RFQ Due: Thursday, May 30, 2019 @ 3:00 p.m.
Total Number Specifications Mailed Out: 18
Total Number Specifications Download (Demandstar): 3
Total Electronic Notifications (Demandstar): 280
Georgia Procurment Registry: 2138
Mandatory Pre Qualifications Conference Attendees: 11
Total packages submitted: 6
Total Noncompliant: 6
Page 1 of 2
OFFICIAL
VENDORS Attachment
"B"
E-Verify
Number
SAVE
Form Addendum 1 Original 7
Copies
RFQ Opening
RFQ Item #19-231
Comprehensive Space Needs Plan
for the Augusta, GA – Central Services Department-
Facilities Maintenance Division
RFQ Due: Thursday, May 30, 2019 @ 3:00 p.m.
Total Number Specifications Mailed Out: 18
Total Number Specifications Download (Demandstar): 3
Total Electronic Notifications (Demandstar): 280
Georgia Procurment Registry: 2138
Mandatory Pre Qualifications Conference Attendees: 11
Total packages submitted: 6
Total Noncompliant: 6
Veterans 1st
Architecture
110-A N Louisville St.
Harlem, GA 30814
Page 2 of 2
2KM Architects
529 Greene Street
Augusta, GA 30901
Johnson Laschober &
Associates
1296 Broad Street
Augusta, GA 30901
Chris Booker & Associates
670 Broad Street
Augusta, GA 30901
LS3P
321 W. Congress St.
Savannah, GA 31401
Cooper Carry
191 Peachtree St., NE, Suite
2400
Atlanta, GA 30303
Sizemore Group
342 Marietta Street
Atlanta, GA 30313
2KM Architects
529 Greene Street
Augusta, GA 30901
Johnson Laschober &
Associates
1296 Broad Street
Augusta, GA 30901
Chris Booker & Associates
670 Broad Street
Augusta, GA 30901
LS3P
321 W. Congress St.
Savannah, GA 31401
Cooper Carry
191 Peachtree St., NE, Suite
2400
Atlanta, GA 30303
Sizemore Group
342 Marietta Street
Atlanta, GA 30313
Evaluation Criteria Ranking Points
1. Completeness of Response
• Package submitted by the deadline
• Package is complete (includes requested information as
required per this solicitation)
• Attachment B is complete, signed and notarized
N/A Pass/Fail PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS
2. Qualifications & Experience (0-5)20 3.8 3.8 3.8 4.8 4.8 5.0 76.7 76.7 76.7 95.3 96.0 100.0
3. Organization & Approach (0-5)15 3.5 3.5 3.5 4.5 4.5 4.7 52.5 52.5 52.5 67.5 67.5 70.0
4. Scope of Services:
• Project Specific Experience with Comprehensive Space Needs
Plan
• Detail Approach to Comprehensive Space Need Plans
(0-5)20 3.5 3.8 3.7 5.0 4.7 5.0 70.0 76.7 73.3 100.0 93.3 100.0
5. Workload and Aailable Staff Resources Assigned to Project (0-5)10 3.5 4.0 3.7 4.7 4.7 5.0 35.0 40.0 36.7 46.7 46.7 50.0
6. Financial Stability (0-5)5 3.7 5.0 4.3 5.0 5.0 4.9 18.3 25.0 21.7 25.0 25.0 24.6
7. References (0-5)5 4.7 4.7 4.7 4.7 4.7 4.7 23.3 23.3 23.3 23.3 23.3 23.3
Within Richmond County 5 10 5 5 5 50 50 50 0 0 0
Within CSRA 5 6 0 0 0 0 0 0
Within Georgia 5 4 5 5 5 0 0 0 20 20 20
Within SE United States (includes AL, TN, NC, SC, FL) 5 2 0 0 0 0 0 0
All Others 5 1 0 0 0 0 0 0
27.7 29.8 28.7 33.6 33.3 34.3 325.8 344.2 334.2 377.8 371.8 387.9
9. Presentation by Team (0-5)10 5.0 3.7 2.3 0 0 0 50.0 36.7 23.3
10. Q&A Response to Panel Questions (0-5)5 4.7 3.7 2.7 0 0 0 23.3 18.3 13.3
Total Phase 2 - (Total Maximum Ranking 10 -
Maximum Weighted Total Possible 75) 0 0 0 9.7 7.3 5.0 0 0 0 73.3 55.0 36.7
27.7 29.8 28.7 43.3 40.6 39.3 325.8 344.2 334.2 451.2 426.8 424.6
Procurement DepartmentRepresentative:______________Nancy Williams_____________________________
Procurement Department Completion Date: 7/1/19
Phase 2 (Optional - Numbers 9-10) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award)
Internal Use Only
Total Cumulative Score
(Maximum point is 500)
Evaluator: Cumulative Date: 7/11/19
Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award)
8. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only)
Vendors
Phase 1 Total - (Total Maximum Ranking 35 -
Maximum Weighted Total Possible 425)
Phase 1
RFQ Item #19-231
Comprehensive Space Needs Plan
for Augusta, Georgia - Central Services Department - Facilities Maintenance
Evaluation Meeting: Thursday, June 13, 2019 @ 4:00 p.m.
Scale 0 (Low) to 5 (High)
Ranking of 0-5 (Enter a number value between 0 and 5)Weighted Scores
Administrative Services Committee Meeting
9/24/2019 1:10 PM
Award Contract for Comprehensive Space Anaylsis
Department:Central Services - Facilities
Presenter:Takiyah A. Douse
Caption:Approve award of contract to provide professional services to
assess the long term space needs of Augusta, Georgia
Government operations to LS3P of Savannah, Georgia in the
amount of $118,000.00. RFQ 19-231
Background:Best practices for local governments include long range planning
for capital investments and improvements. Operational needs
evolve over time due to changing regulatory requirements and
due to shifting of local priorities. The last time Augusta assessed
space needs was over 20 years ago in 1997. Contrasting the
government structure then and now, you can see some
departments included in that process no longer exist, and some
crucial departments created since completion of the process.
The focus of the study is to ensure effective and efficient
operational space is available to provide needed services to the
citizens of Augusta. Although all Augusta, Georgia
Departments, Agencies and Offices will be included in this
study, the following have been identified as a priority and will
be addressed in more detail: · Juvenile Court · Fleet
Maintenance · Housing and Community Development ·
Recreation and Parks Administration · Engineering ·
Environmental Services · Augusta Utilities · RCCI
· Validation of Workplace Efficiency on Existing
Departments in various locations
Analysis:RFQ 19-231 was issued through the Augusta Procurement
Department for statements of qualifications and proposals for the
defined scope of work. Statements were received on May 30,
2019. The evaluation committee convened on June 12, 2019 to
review the information provided by prospective vendors
outlining their team configuration and qualifications relative to
meeting the work required under this RFP. The three top scoring
firms were invited to make presentations before the committee.
LS3P was judged to be the best qualified to perform the scope of
work established under the RFQ. The evaluation committee
conducted fee negotiations with the firm on July 31, 2019. The
fee of $118,000.00 is reasonable for the scope of work to be
undertaken.
Financial Impact:The cost of services is $118,000.00.
Alternatives:1. Approve award of contract to provide professional services to
assess the long term space needs of Augusta, Georgia
Government operations to LS3P of Savannah, Georgia in the
amount of $118,000.00. 2. Do not approve the proposal.
Recommendation:Approve award of contract to provide professional services to
assess the long term space needs of Augusta, Georgia
Government operations to LS3P of Savannah, Georgia in the
amount of $118,000.00.
Funds are
Available in the
Following
Accounts:
This project is funded through SPLOST 7. 329051120-5212999
(JL 216057902)
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
．Previousgoalsidentifiedinclude︙
v丶'Reducethenumberofvacantlots/dilapidatedpropertiesownedby
theLandBank
,丶Establishdevelopmentnodesintheurbancore
,丶Workcloselywithprivatedevelopersandcitizenstoinvestin
Augusta
,丶'IncreasedcommunityEducationandengagement
．Coordinatedeffortsacrossagencies︱Mayor'sOffice,
Administrator'sOffice︑PlanningandDevelopment︑Information
Technology,EnvironmentalServices︑LandBank,工OUSing&
CommunitDevelopment,TaxCommissioner,Marshal'sOffice,
-=0冖
一
so
00︑00030 ．
．ImplementedProgrammaticEnhancementsforscraptiredisposal,
CodeEnforcement,andcommunityoutreachtoincludeupdated
feeschedulesforcodeviolations,increasedfeesforvacantlot
cutting︑developtrainingonpropertymaintenance,andenhanced casetracking.
3
．Increasedenforcementbythe
Marshal'sOffice
．IncreasedpresenceofCode
Officers︱increaseininspectionsfrom approx.4000in2017toapprox.4200ytd
．Betterinformationbeing
capturedandtracked♂冖pro℃ey ownership
．Improvedworkflows&data management︱"linking"of
CitViewandCityWorks;more
o0
=
D
e
m
e
0
=
=
︑
0
CityWorks
．KeepAugustaBeautifulactively
engagingthecommunitythrough neighborhoodassociations︑ schools,communitygroups
CityofAiken︑
Greenville,
Macon-Bibb
Baltimore,
South
South
County, M
aryland*
Carolina*
Carolina*
Georgia*
Altoona,
SouthBend︑
Mobile,
Atlanta, Pennsylvania
Indiana
Alabama
Geo冖gia
Buffalo︑New Memphis, FultonCounty︑
Del<alb︑ York
Tennessee
Georgia
Georgia
Allentown︑ NewOrleans,
Pennsylvania
Louisiana
6
7
DesignationOfaLeadAgencyand
TargetA乛ea
工elpstofOCUSresources
ShowstheCity/Countyhasa planandisw亖ngtostickwith
工ighlightandUtilizewhat
programsarealreadyinplace
Identifyfundingsources
Departmentalbudgets Grants Bonds •SPLOST
．Stateallocation冖s)
DataGatheringandtracking
Seeandmeasureprogress
TargetareasidentifiedbyCommissionDistrict
．$400,000Brownfieldgrantawardedin2Q15
．BlightTaximplemented
．BlightBonds9MobtainedunderOCGA36-61-12︑allocatedby district
．>5000blightedstructuresandpropertiesidentified.Bonds addressedhundredsofthose.
．St三strugglingwithCodeEnforcementduetostaffingandfunding
11
．Targetareas︱throughouttheCityofBaltimore
"VacantstoValue'︑programtoaddresstheestimated16,000 vacantbuildingsand14,000vacantlots
．$10Mannualbudgetfordemolitions︑plusfundingfromthe
Governor
．ProgrammaticEnhancements
Receivership
．Streamlinedcodeenforcementprocess
．Dedicatedstaffofattorneysandresearcherstoresearchproperty
ownershipandnavigatethecourtprocesses
12
．Understandthetimelines︱nosuchthingasanovernightfix;
manystepsinplaceaheadoftheformalannouncement
．Figureoutthefunding
．ReviewandImplementCodeupdatesandeffectivelyutilizethe
LandBank'sexistingprograms
Receivership
Eminentdomain
InRemprocess
Enforcement
．Trackthedata
．Goalsetting,demonstrateprogress︑establishabaseline
．FOCUSeffortsbyzone,area,node
13
Augusta工OUSingandCommunityDevelopment
BeautifytoBuild&effortsinLaneyWalker/BethIehem
DevelopmentNodes,includingin-f三redevelopmentstrategy
Partnershipswithpublic,private,andnon-profits
Neighborhoodimprovementprog乛ams
LandBankPrograms
Side-Lotprogram
Augusta's
Propertymarketingefforts
Programs
Redevelopmentfocus
Residentialdemolitionprogram
Lotcutting,yearlybudgetOfabout 320~000︙2200+"cuts"peryear︙ increasedlotcuttingfees.
Increasedenforcement︱CodeEnforcementhad124citationsin2017︙ comparedto197todatein2018. Datagatheringandstandardization
Volunteerresourcesandopportunitiestoassistwiththeefforts
14
8
Isadjacenttoavarietyofprojectsthatarepresentedbystateand localagencies
GDOT︱15 streetimprovements
RCBOE︱TWJoseyHighrenovations AHCD-FoundryProjectandLaneyWalker/Bethlehemongoingefforts
Augusta工ousingAuthority
PaineCollege
AugustaUniversity
AgatewaytoAugusta'sdowntownandmedicaldistricts 工ighlypopulated,historicneighborhood
17
Administrative Services Committee Meeting
9/24/2019 1:10 PM
Fight Blight Initiative
Department:
Presenter:Mayor Hardie Davis, Jr.
Caption:Presentation regarding the Fight Blight Initiative through the
Joint Collaboration Committee (JCC) and request input from the
Augusta Commission on funding redevelopment efforts in the
target area. See December 18, 2018 presentation from
Environmental Services. (Requested by Mayor Hardie Davis,
Jr.)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Administrative Services Committee Meeting
9/24/2019 1:10 PM
Augusta Land Bank Authority
Department:
Presenter:Augusta Land Bank Authority
Caption:Presentation from the Augusta Land Bank Authority.
(Requested by Commissioner Ben Hasan)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Administrative Services Committee Meeting
9/24/2019 1:10 PM
Smart City Augusta Initiatives
Department:
Presenter:Mayor Hardie Davis, Jr.
Caption:Discuss Smart City Augusta Initiatives. (Requested by Mayor
Hardie Davis, Jr.)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Augusta Housing & Community Development Department
Contract Page 1
CONTRACT
between AUGUSTA, GEORGIA
And
CAPITALRISE LLC. in the amount of
$71,631.45 USD Seventy-One Thousand, Six-Hundred and Thirty One Dollars and 45/100 for Fiscal Year 2019
Providing funding for LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT
THIS AGREEMENT (“Contract”), is made and entered into as of the day of ________ 2019
(“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia
(hereinafter referred to as “Augusta”), acting through the Housing and Community Development Department (hereinafter referred to as “AHCD”) - with principal offices at 925 Laney Walker Blvd.,
2nd Floor, Augusta, Georgia 30901, as party of the first part, and Capitalrise LLC., a developer,
organized pursuant to the Laws of the State of Georgia, hereinafter called "CAPITALRISE” as party in the second part.
WITNESSETH
WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker/Bethlehem Bond Financing for the purpose of providing and retaining affordable and market rate housing for
eligible families; and WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the
supply of affordable/market rate housing for eligible families; and
WHEREAS, Augusta wishes to enter into a contractual Agreement with CAPITALRISE for the
administration of eligible affordable and market rate housing development activities utilizing Laney Walker Bond Financing; and
WHEREAS, this activity has been determined to be an eligible activity in accordance with 24 CFR 92.504(c)(13) and will meet one or more of the national objectives and criteria outlined in Title 24
Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations; and WHEREAS, CAPITALRISE has been selected and approved through a solicitation process for
development partners to assist in the redevelopment of Laney Walker and Bethlehem communities; and
Augusta Housing & Community Development Department
Contract Page 2
WHEREAS, CAPITALRISE has agreed to provide services funded through this contract free from
political activities, religious influences or requirements; and
WHEREAS, CAPITALRISE has requested and Augusta has approved a total of $71,631.45 in
funding to perform eligible activities as described in Article I; below:
NOW, THEREFORE, the parties of this Agreement for the consideration set forth below, do here
and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services
Project Description: CAPITALRISE agrees to utilize approved Laney Walker/Bethlehem Bond Financing funds to support project related costs associated with the Laney Walker/Bethlehem Redevelopment Project. This project is a mixed income housing effort which involves development
and construction of new single family housing units along Pine Street. Under this Agreement:
Perform new construction services for one (1) single family detached homes identified as
property number .
Perform all required construction management and project oversight; in accordance with all
laws, ordinances, and regulations of Augusta;
Perform all functions required to ensure delivery of a final product meeting all requirements as
set forth by said Agreement to include:
• Materials list to include brand name and/or model number of materials as specified or
agreed to adjustments to specifications including but not limited to: appliances, windows, HVAC, fixtures and First Quality lumber. CAPITALRISE is to provide a
finish schedule with the specifications, brands and model numbers for all interior
finishes 90 days from completion for agreement by AHCD. Actual material invoices may be requested to verify charges.
B. Use of Funds: Laney Walker/Bethlehem Bond Financing funds shall be used by CAPITALRISE for the purposes and objectives as stated in Article I, Scope of Services, of
this Agreement. The use of funding for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this Agreement based on total material and labor cost of $71,631.45.
Augusta Housing & Community Development Department
Contract Page 3
Activity Amount Responsible Party
Materials & Labor 71,631.45$ Capitalrise
Materials & Labor 71,631.45$ AHCD
Building Permit Fee 1,210.00$ AHCD
Real Estate Commission 9,900.00$ AHCD
Buyer's Assistance 10,000.00$ AHCD
Developer's Fee 250.00$ AHCD
TOTAL 164,622.90$
Party Total Investment Comments
AHCD Investment 92,991.45$ L&M, BP, RC, BA, DF
Capitalrise Investment 71,631.45$ Labor & Materials
TOTAL INVESTMENT 164,622.90$
Activity Sales Price Payee Amount
Home Sales Price 165,000.00$ Not Applicable
AHCD Proceeds 72,008.55$
Capitalrise Proceeds 92,991.45$
165,000.00$
Description of Project Expenses
Summary of Parties Investments
Distribution of Funds Upon Sale
TOTAL DISTRIBUTED *To the extent that the pricing provided by CAPITALRISE is erroneous and defective, the parties may by
agreement, correct pricing errors to reflect the intent of the parties. CAPITALRISE shall adhere to the following budget in the performance of this contract:
1. Construction An amount not to exceed fifty percent (50%) of the actual construction costs, only including
materials and labor, as outlined and approved on the Work Write-Up shall be expended by
CAPITALRISE for construction costs related to the development of one single family detached home identified as as part of the Heritage Pine Street Project. The design and
specifications of the property shall be approved by AHCD prior to construction (see Appendix). Funds will be used to assist with the cost of all construction related fees.
2. Profit
An amount not to exceed fifty percent (50%) of the sales price, as outlined and approved in Article I. Scope of Services, Section B. Use of Funds and on the Work Write-Up, shall be paid
to CAPITALRISE for costs identified as necessary operating time and expenses in addition to
the profit accrued in the development of one single family detached home identified as as part of the Heritage Pine Project. AHCD will have the latitude to pay O&P directly to the
Augusta Housing & Community Development Department
Contract Page 4
procured developer/contractor on a pay for performance basis or upon the sale of the single
family detached home identified as .
3. Developer’s Fee
An amount not to exceed $250.00 in a grant shall be expended to CAPITALRISE in support
of the project development fees. Drawdowns are to be requested after sale of the single family detached home identified as .
C. Program Location and Specific Goals to be Achieved CAPITALRISE shall conduct project development activities and related services in its project
area (also known as the Heritage Pine Community) that incorporates the following boundaries: Eleventh Street, Laney Walker Boulevard, Pine Street and Florence Street.
D. Project Eligibility Determination
It has been determined that the use of Laney Walker/Bethlehem Bond Financing funds by
CAPITALRISE will be in compliance with legislation supporting community development in Laney Walker/Bethlehem as authorized under the Urban Redevelopment Authority which acts
in behalf of the Augusta Commission to provide oversight of the operation of the Laney
Walker/Bethlehem Redevelopment Project. Notwithstanding any other provisions of this contract, CAPITALRISE shall provide activities and services as described in the description
of the project, including use of funds, its goals and objectives, tasks to be performed and a
detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract.
ARTICLE II. BUDGET AND METHOD OF PAYMENT
CAPITALRISE will carry out and oversee the implementation of the project as set forth in this Agreement and agrees to perform the required services under the general coordination of the Augusta Housing and Community Development Department. In addition, and upon approval
by Augusta, CAPITALRISE, may engage the services of outside professional services consultants and contractors to help carry out the program and projects.
A. Augusta shall designate and make Laney Walker/Bethlehem Bond Financing funds available in the following manner:
1. Augusta agrees to pay CAPITALRISE, a maximum of $ $250.00 under this Agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to
CAPITALRISE’s compliance with all terms and conditions of this Agreement and the
procedures for documenting expenses and activities as set forth in said Agreement;
2. The method of payment for construction costs, including only materials and labor as outlined and approved on the Work Write-Up, not to exceed the aforementioned contracted fifty percent (50%) shall be on a pay for performance basis provided CAPITALRISE and AHCD
determine the progress is satisfactory. CAPITALRISE shall utilize the AIA Form provided by AHCD (see Appendix). For invoicing, CAPITALRISE will include documentation showing proof of completion of work in accordance with the amount requested, inspected and accepted
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by AHCD, lien waivers for vendors and sub-contractors, as specified in the Work Write-Up
found in Exhibit B & E.
3. AHCD will monitor the progress of the project and CAPITALRISE’s performance on a
weekly basis with regards to the production of housing units and the overall effectiveness of
project.
4. Upon the completion of this Agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. CAPITALRISE and AHCD shall share in the cost and
proceeds of developing the residence at as follows:
Activity Amount Responsible Party
Materials & Labor 71,631.45$ Capitalrise
Materials & Labor 71,631.45$ AHCD
Building Permit Fee 1,210.00$ AHCD
Real Estate Commission 9,900.00$ AHCD
Buyer's Assistance 10,000.00$ AHCD
Developer's Fee 250.00$ AHCD
TOTAL 164,622.90$
Party Total Investment Comments
AHCD Investment 92,991.45$ L&M, BP, RC, BA, DF
Capitalrise Investment 71,631.45$ Labor & Materials
TOTAL INVESTMENT 164,622.90$
Activity Sales Price Payee Amount
Home Sales Price 165,000.00$ Not Applicable
AHCD Proceeds 72,008.55$
Capitalrise Proceeds 92,991.45$
165,000.00$
Description of Project Expenses
Summary of Parties Investments
Distribution of Funds Upon Sale
TOTAL DISTRIBUTED 5. Funds may not be transferred from line item to line item in the project budget without the prior
written approval of Augusta Housing and Community Development.
6. This Agreement is based upon the availability of funding under the Laney Walker/Bethlehem
Revitalization Project. Should funds no longer be available, it is agreed to by both parties that this contract shall terminate and any CAPITALRISE and AHCD deemed satisfactorily
progress made within the contracted construction only amount not to exceed percent (50%)
shall be paid to CAPITALRISE.
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7. AHCD will retain five percent (5%) of an amount within the fifty (50%) of construction costs,
including only materials and labor as outlined and approved on the Work Write-Up, after the
Certificate of Occupancy has been issued until CAPITALRISE and AHCD determine that all AHCD punchlist items have been satisfied.
B. Project Financing
The Augusta Housing and Community Development Department (AHCD) will provide an amount not to exceed fifty percent (50%) of the actual construction costs including only materials and labor as outlined and approved on the Work Write-Up to be expended by
CAPITALRISE for construction costs related to the development of one single family detached home identified as .
Additionally, AHCD will provide fifty percent (50%) of all change orders (where applicable) as approved by both Augusta and CAPITALRISE in writing.
All funding is being provided as payment for services rendered as per this Agreement.
C. Timetable for Completion of Project Activities
CAPITALRISE shall be permitted to commence with the expenditure of Laney Walker/Bethlehem Bond Financing funds as outlined in said Agreement upon procurement of
a construction contractor in accordance with its policies and procedures; and approval of a
detailed outline of project expenditures anticipated for the completion of the development within 180 days of said home identified as as part of the Heritage Pine Project.
Liquidated Damages
CAPITALRISE agrees to pay as liquidated damages to Augusta the sum of one hundred dollars ($100.00) for each consecutive calendar day after the
expiration of the Contract Time of Completion Time, except for authorized
extensions of time by Augusta. This section is independent of any section within this Agreement concerning the default of CAPITALRISE. The parties
agree that these provisions for liquidated damages are not intended to operate
as penalties for breach of Contract. The liquidated damages set forth above are not intended to compensate
Augusta for any damages other than inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall not preclude Augusta from recovering other damages in addition to the payments
made hereunder which Augusta can document as being attributable to the documented failure of CAPITALRISE. In addition to other costs that may be recouped, Augusta may include costs of personnel and assets used to
coordinate, inspect, and re-inspect items within this Agreement as well as attorney fees if applicable.
Specified excuses
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CAPITALRISE is not responsible for delay in performance caused by
hurricanes, tornados, floods, and other severe and unexpected acts of nature.
In any such event, the contract price and schedule shall be equitably adjusted.
Temporary Suspension or Delay of Performance of Contract
To the extent that it does not alter the scope of this Agreement, Augusta may
unilaterally order a temporary stopping of the work, or delaying of the work to be performed by CAPITALRISE under this Agreement.
D. Project Budget: Limitations All costs associated with construction, O&P, construction management, and real estate
expenses have been outlined in said Agreement as percentage based costs related to the development of one single family detached home identified as as part of the Heritage Pine Project. AHCD will have the latitude to pay such costs directly to the procured construction
contractor. CAPITALRISE shall be paid a total consideration of no more than $250.00 for full performance of the services specified under this Agreement. Any cost above this amount shall
be the sole responsibility of CAPITALRISE. It is also understood by both parties to this
contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta – unless otherwise agreed to by Augusta and CAPITALRISE.
CAPITALRISE shall adhere to the budget as outlined in the Work Write-Up (Exhibit B) in the performance of this contract.
ARTICLE III. TERM OF CONTRACT The term of this Agreement shall commence on the date when this Agreement is executed by Augusta and CAPITALRISE (whichever date is later) and shall end at the completion of all program activities,
within the time specified in Article II.C, or in accordance with ARTICLE X: Suspension and Termination.
ARTICLE IV. DOCUMENTATION AND PAYMENT
A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to
CAPITALRISE, or any subcontractor hereunder.
B. CAPITALRISE shall not use these funds for any purpose other than the purpose set forth in this
Agreement.
C. Subject to CAPITALRISE’s compliance with the provisions of this Agreement, Augusta agrees
to reimburse all budgeted costs allowable under federal, state, and local guidelines.
D. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations" as well as the procurement policy of Augusta. E. Requests by CAPITALRISE for payment shall be accompanied by proper documentation and
shall be submitted to AHCD, transmitted by a cover memo, for approval no later than thirty (30)
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calendar days after the last date covered by the request. For purposes of this section, proper
documentation includes: Updated Exhibit A- schedule (Gantt Chart), Updated Exhibit B- Work
Write-Up, and AIA Form.
F. CAPITALRISE shall maintain an adequate financial system and internal fiscal controls.
G. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request,
Augusta may consider the reallocation of unexpended funds to eligible projects proposed by CAPITALRISE.
H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. I. Upon the sale of the detached single family home at , AHCD is to provide CAPITALRISE
with any outstanding payments on approved invoices and related costs received within ten (10) business days.
ARTICLE V. ADMINISTRATIVE REQUIREMENTS
Conflict of Interest
CAPITALRISE agrees to comply with the conflict of interest provisions contained in 24 CFR
85.36, 570.611, OMB Circular A-110 and OMB Circular A-102 as appropriate.
This conflict of interest provision applies to any person who is an employee, agent, consultant,
officer, or elected official or appointed official of CAPITALRISE. No person described above
who exercises, may exercise or has exercised any functions or responsibilities with respect to the activities supported under this contract; or who are in a position to participate in a
decision-making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities, or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities, either for themselves or those
with whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, "family ties", as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father,
Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step-children, Brother, Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual holding any
interest in the subject matter of this Agreement. CAPITALRISE in the persons of Directors,
Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached
as part in parcel to this Agreement)
Augusta may, from time to time, request changes to the scope of this Agreement and
obligations to be performed hereunder by CAPITALRISE. In such instances, CAPITALRISE
shall consult with AHCD/Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement
and shall be approved by the governing bodies of both Augusta and CAPITALRISE. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in
Appendix A and are attached and included as part in parcel to this Agreement. ARTICLE VI. OTHER REQUIREMENTS
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A. CAPITALRISE agrees that it will conduct and administer activities in conformity with Pub. L.
88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing
Act" and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in CAPITALRISE’s publications and/or advertisements. (24
CFR 570.601).
B. CAPITALRISE agrees that the ownership in the housing assisted units must meet the
definition of “homeownership” in §92.2. C. CAPITALRISE agrees to comply with 24 CFR Part I, which provides that no person shall be
excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act.
D. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or
caused to be instituted any proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards applicable hereunder to his or her
employer. (24 CFR 570.603) E. CAPITALRISE agrees that in accordance with the National Environmental Policy Act of 1969
and 24 CFR Part 58, it will cooperate with Augusta/HCD in complying with the Act and regulations, and that no activities will be undertaken until notified by Augusta/HCD that the
activity is in compliance with the Act and regulations. Prior to beginning any project
development activity, an environmental review must be conducted by AHCD pursuant to (24 CFR 570.604).
F. Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), CAPITALRISE agrees that funds shall not be expended for acquisition or construction in an
area identified by the Federal Emergency Management Agency (FEMA) as having special
flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has
passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973.
G. CAPITALRISE agrees to take all reasonable steps to minimize displacement of persons as a result of assisted activities. Any such activities will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA)
and the Housing and Community Development Act of 1974 (24 CFR 570.606).
H. CAPITALRISE agrees to comply with Executive Order 11246 and 12086 and the regulations
issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. CAPITALRISE will in all
solicitations or advertisements for employees placed state that all qualified applicants will
receive consideration for employment without regard to race, color, religion, sex, national origin or familial status.
I. CAPITALRISE will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. CAPITALRISE will
take appropriate action to ensure that applicants are employed, and that employees are treated
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fairly during employment, without regard to their race, color, religion, sex, national origin or
familial status. Such action shall include, but not be limited to the following: employment,
upgrading, demotion or transfer; recruitment or advertising; lay-off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship.
CAPITALRISE agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause.
J. In accordance with Section 570.608 of the CDBG Regulations, CAPITALRISE agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against
the use of lead-based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead-based paint poisoning and the elimination of lead-based paint hazards.
K. CAPITALRISE agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligibility
status. No contract will be executed until such time that the debarred, suspended or ineligible contractor has been approved and reinstated by AHCD.
L. In accordance with 24 CFR part 24, subpart F, CAPITALRISE agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession or distribution of
drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988.
M. Any publicity generated by CAPITALRISE for the project funded pursuant to this Agreement,
during the term of this Agreement or for one year thereafter, will make reference to the contribution of Augusta, Georgia in making the project possible. The words "Augusta Georgia Department of Housing and Community Development" will be explicitly stated in any and all
pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles.
N. CAPITALRISE shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. CAPITALRISE agrees to obtain all
necessary permits for intended improvements or activities.
O. CAPITALRISE shall not assign any interest in this contract or transfer any interest in the
same without the prior written approval of Augusta.
CAPITALRISE agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in
the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV-019 (S.D. GA 2007). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. CAPITALRISE agrees to comply
with any federally mandated requirements as to minority and women owned- business enterprises.
P. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A § 13-10-91, stating affirmatively that the individual, firm, or
corporation which is contracting with Augusta, Georgia has registered with and is
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participating in a federal work authorization program. All contractors and subcontractors must
provide their E-Verify number and must be in compliance with the electronic verification of
work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department
of Homeland Security to verify information of newly hired employees, pursuant to the
Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue
to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor
will secure from such subcontractors each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A §13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to
maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractors are retained to perform such physical services.
Q. CAPITALRISE agrees that low and moderate income persons reside within Augusta-Richmond County and that contract for work in connection with the project be awarded to
eligible businesses which are located in or owned in substantial part by persons residing in
Augusta-Richmond County. (24 CFR 570.697) Utilization of contractors and/or subcontractors outside of the Augusta-Richmond County area is not desirable.
R. CAPITALRISE agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing
regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants
program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. S. CAPITALRISE will not discriminate against any employee or applicant for employment on
the basis of religion and will not give preference of persons on the basis of religion. CAPITALRISE will not discriminate against any person applying for shelter on the basis of religion. CAPITALRISE will provide no religious instruction or counseling, conduct no
religious worship or services, engage in no religious proselytizing and exert no religious influence in the provision of shelter and other eligible activities funded by this grant.
T. Indirect costs will only be paid if CAPITALRISE has indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract.
U. AHCD shall not approve any travel or travel related expenses to CAPITALRISE with funds provided under this contract.
V. Construction Requirements
In the absence of local codes, properties must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by
definition and therefore must meet the local building codes for new housing in Augusta
Georgia, as applicable. CAPITALRISE is required by state and local laws, to dispose of all site debris, trash, and
rubble from the project be transported to and disposed of at the Augusta, Georgia Solid Waste
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Landfill in accordance with local and state regulations. The contractor shall provide evidence
of proper disposal of, the name and location of the disposal facility, date of disposal and all
related fee. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or
work site of CAPITALRISE or any subcontractor of CAPITALRISE or subunit thereof which
is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia.
ARTICLE X. SUSPENSION AND TERMINATION
A. In the event CAPITALRISE materially fails to comply with any terms of this Agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta may withhold cash payments until CAPITALRISE cures any breach
of the Agreement. If CAPITALRISE fails to cure the breach, Augusta may suspend or terminate the current award of funds. CAPITALRISE will not be eligible to receive any other funding.
B. Notwithstanding the above, CAPITALRISE shall not be relieved of its liability to Augusta for
damages sustained as a result of any breach of this Agreement. In addition, to any other
remedies it may have at law or equity, Augusta may withhold any payments to CAPITALRISE for the purposes of offsetting the exact amount of damages once determined.
C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Laney Walker/ Bethlehem Revitalization project, either party may terminate
this Agreement upon giving thirty (30) day notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay CAPITALRISE for documented committed eligible costs incurred prior to the date of notice
of termination. D. Notwithstanding any termination or suspension of this Agreement, CAPITALRISE shall not
be relieved of any duties or obligations imposed on it under this Agreement with respect to Laney Walker Bond Financing funds previously disbursed or income derived therefrom.
E. To the extent that it does not alter the scope of this Agreement, Augusta, GA may unilaterally order a temporary stopping of the work or delaying of the work to be performed by
CAPITALRISE under this contract.
ARTICLE XI. NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by
certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice.
Augusta will receive all notices at the address indicated below:
Office of the Administrator ATTN: Jarvis Sims, Interim City Administrator Municipal Building
535 Telfair Street, Suite 910
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Augusta, Georgia 30901
With copies to: Augusta Housing and Community Development Department
ATTN: Hawthorne Welcher, Jr., Director
925 Laney Walker Blvd., 2nd Floor Augusta, Georgia 30901
CAPITALRISE will receive all notices at the address indicated below:
Capitalrise LLC. ATTN: Peter Tuchyna and Frank Klimes
2924 Aylesbury Drive Augusta, GA 30909
ARTICLE XII. INDEMNIFICATION
CAPITALRISE will at all times hereafter indemnify and hold harmless Augusta, its officers, agents
and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any
kind resulting from injuries or damages sustained by any person or persons, corporation or property,
by virtue of the performance of this Agreement. By execution of this Agreement, CAPITALRISE specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia
and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or
provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same.
The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Agreement.
ARTICLE XIII. PRIOR AND FUTURE AGREEMENTS
This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that
there are no commitments, agreements, or understandings concerning the subject matter of this
Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or
written. Augusta is not obligated to provide funding of any kind to CAPITALRISE beyond the term of
this Agreement.
CAPITALRISE warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling
agencies maintained by CAPITALRISE for the purpose of securing business and that CAPITALRISE has not received any non-Augusta fee related to this Agreement without the prior written consent of Augusta. For breach or violation of this warranty, Augusta shall have the right to annul this Agreement
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without liability or at its discretion to deduct from the Agreement prices of consideration the full
amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XIV. LEGAL PROVISIONS DEEMED INCLUDED
Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and
enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion.
ARTICLE XV. DISCLAIMER
Any and all language in this Agreement pertaining to HUD regulations and/or the utilizations of
HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However,
if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety.
ARTICLE XVI. COUNTERPARTS
This Agreement is executed in two (2) counterparts – each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each
party hereto.
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IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above:
Approved as to Form By (please initial here): ______________
Augusta, Georgia Law Department
Date: ____________________
By:__________________________________ Mayor Hardie Davis, Jr., as its Mayor
Date: ____________________
By: _______________________________ Jarvis Sims, as its Interim CityAdministrator
Date:_____________________
By: _________________________ Hawthorne Welcher, Jr., as its Director
Date: _____________________
By: ________________________ Lena Bonner, as its Clerk of Commission
Affix Seal Here:
ATTEST: Capitalrise LLC.
By: _________________________ Frank Klimes, Co-Owner Date:_______________________
By: _______________________ Peter Tuchyna, Co-Owner Date: ______________________
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APPENDIX 1 Architectural Plans/Designs
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APPENDIX 2 American Institute of Architects (AIA) Form - Sample
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APPENDIX 3 Statutes: (Available on Request)
OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations
OMB Circular A- 122 - Cost Principles for Non-Profit Organizations
OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions
40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act
Uniform Relocation Assistance and Real Property Acquisition Policies Act
Lead Based Paint Poisoning Prevention Act
24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint
Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule
Augusta-Richmond County Procurement Policy
Conflict of Interest Affidavit
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APPENDIX 4 CONSTRUCTION REQUIREMENTS
1. All construction projects shall comply with Federal, State, and local codes and ordinances,
including, but not limited to, the following:
A. "Standard Building Code", 2000 Edition, Southern Building Congress, International, Inc.,
Birmingham, Alabama. B. "Standard Plumbing Code", latest edition, Southern Building Congress, International, Inc.,
Birmingham, Alabama. C. Standard Mechanical Code, latest edition, Southern Building Congress, International, Inc.,
Birmingham, Alabama. D. “National Electric Code”, latest edition, National Fire Protection Association, Quincy,
Massachusetts.
E. Model Energy Code, 1997, Council of American Building Officials.
F. “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice,
American with Disabilities Act of 1990”.
G. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596.
H. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972).
I. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972.
J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f').
2. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to AHCD for
review and approval prior to bidding. AHCD Construction and Rehabilitation Inspectors or
AHCD’s agent will review these items for compliance with new construction and/or rehabilitation standards and materials use.
3. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical Condition Standards for HUD Housing." Workmanship and material standards will comply with
the Augusta-Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the AHCD Approved Contractors List. A copy is enclosed for inclusion.
4. Inspections. All projects will be inspected and approved by an AHCD Construction and Rehabilitation Inspector or AHCD’s agent prior to release of the funds for that project.
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APPENDIX 5 CONTRACTOR ACKNOWLEDGEMENT
Capitalrise LLC acknowledges that this contract and any changes to it by amendment, modification,
change order or other similar document may have required or may require the legislative authorization
of the Board of Commissioner and approval of the Mayor. Under Georgia law, Capitalrise LLC is deemed to possess knowledge concerning Augusta, Georgia’s ability to assume contractual obligations
and the consequences of Contractor’s provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that Capitalrise LLC may be precluded from recovering payment for such unauthorized
goods or services. Accordingly, Capitalrise LLC agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if Capitalrise LLC provides goods or services to Augusta, Georgia in excess of the any contractually
authorized goods or services, as required by Augusta, Georgia’s Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by JLovett Homes & Construction. Capitalrise LLC assumes all risk of non-payment for the provision of any unauthorized
goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized
including, without limitation, all remedies at law or equity. This acknowledgement shall be a
mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts.
____________________________________
Frank Klimes or Peter Tuchyna Capitalrise, LLC. Owner
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EXHIBIT A
PROJECT SCHEDULE OF COMPLETION CAPITALRISE MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS EXHIBIT
A - WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER SIGNING THIS AGREEMENT. THIS SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL TO
PERMIT AHCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. A SAMPLE SCHEDULE IS PROVIDED.
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EXHIBIT B
WORK WRITE-UP
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EXHIBIT C
PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES
1. AHCD must review and approve all new construction work, project specifications and total
development cost for each residential development project before work is commenced and
before funds can be released for payment reimbursement. Construction payments will be
released to CAPITALRISE in accordance with the attached drawdown schedule and budget.
2. AHCD will provide the lot on which all new construction efforts will be performed under this
Agreement and in connection with the Project.
3. With AHCD approval, CAPITALRISE may use funds under this Agreement for the following
purposes:
a. To support development costs as outlined in Item 6 below.
4. Completion delays, remedies, and penalties.
a. If the Contractor fails to complete the work within the time frame specified in the
contract, plus any authorized delays, AHCD may:
i. Terminate the contractor in accordance with the “Provisions for Augusta
Housing and Community Development Department (AHCD)” clause of this
contract.
ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day
from the schedule of completion to the date of final acceptance of the project.
The total amount of liquidated damages will be deducted from the total
contract price, plus any change order amounts.
b. The contractor shall not be charged with liquidated damages for any delays in the
completion of the work due:
i. To any acts of the Federal, State, or City/County Government; including
controls or restrictions upon or requisitioning of materials, equipment, tools or
labor by reason of war, National Defense, or any other National, State, or
City/County emergency.
ii. To any acts of the Owner that hinder the progress of the work;
iii. To cause not reasonable foreseeable by the parties in this contract at the time
the execution of the contract which are beyond the control and without the
fault or negligence of the Contractor; including but not restricted to acts of
God; acts of the public enemy; acts of another contractor in the performance
of some other contract with the owner; fires; floods; epidemics; quarantine
restrictions; strikes; freight embargoes; and weather or unusual severity such
as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and
iv. To any delay of the subcontractor occasioned by any other causes specified in
subparagraphs A and B above. Provided, however, that the contractor
promptly (within 10 days) notifies AHCD and CAPITALRISE in writing of
the cause of the delay. If the facts show the delay to be properly excusable
under the terms of this contract, AHCD shall extend the contract time by a
period commensurate with the period of authorized delay to the completion of
the work as whole; in the form of an amendment to this contract.
5. New Construction Costs and Requirements
Augusta Housing & Community Development Department
Contract Page 24
a. CAPITALRISE will provide construction management for the project to ensure that
construction work is being carried out in accordance with plans, specifications and the
project budget.
b. CAPITALRISE must make sure contractors obtain and post all permits on job site.
c. CAPITALRISE must collect progress and final lien releases from the contractor,
subcontractors, and material suppliers prior to making a payment to a contractor.
d. AHCD or its agent may continually inspect each house for contract compliance and to
determine the percent of completion prior to processing a draw request and releasing
payment. AHCD may choose not to release payments if the work being performed is
not of acceptable quality to AHCD and if the house is not being built or rehabilitated
in accordance with plans and specifications, or if the project is not on schedule.
6. Permanent Financing and Sales Prices
a. The sales price of each home sold in accordance with this Agreement must be based
on a formal appraisal. Unless otherwise agreed to by AHCD, the sales price of each
house shall not exceed the appraised value of the house.
b. The purchasers of houses constructed must meet the Augusta program requirements.
c. Buyers will be required to borrow no less than 80% of the sale prices of the house
from a private lending institution unless otherwise agreed to by AHCD.
Administrative Services Committee Meeting
9/24/2019 1:10 PM
HCD_ Laney Walker/Bethlehem New Construction two (2) Homes Request
Department:HCD
Presenter:Hawthorne Welcher Jr. and/or HCD Staff
Caption:Motion to approve Housing and Community Development
Department’s (HCD's) request to provide Laney
Walker/Bethlehem Revitalization Funding to contract with
Captialrise LLC to construct two (2) workforce, residential units
on Boyd Lane.
Background:In 2008, the Augusta Commission passed legislation supporting
community development in Laney Walker/Bethlehem. Since that
time, the Augusta Housing & Community Development
Department has developed a master plan and development
guidelines for the area, set up financial incentive programs for
developers and home buyers, selected a team of development
partners to focus on catalytic change, and created a marketing
strategy to promote the overall effort. This project involves
construction of two (2) new residential units on Boyd Lane
within Laney Walker/ Bethlehem.
Analysis:The approval of the contract will allow for development
activities on these sites to begin.
Financial Impact:Augusta Housing and Community Development Department
receives annual allocations from Laney Walker Bethlehem
Project which will fund this contract. Contract Amount 918
Boyd Lane - $71,631.45 Contract Amount 922 Boyd Lane -
$71,631.45
Alternatives:Do not approve HCD’s Request.
Recommendation:Motion to approve Housing and Community Development
Department’s (HCD's) request to provide Laney
Walker/Bethlehem Revitalization Funding to contract with
Capitalrise LLC to construct two (2) workforce, residential units
on Boyd Lane.
Funds are
Available in the
Following
Accounts:
Laney Walker/Bethlehem Revitalization Project funds. Fund 298
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Administrative Services Committee Meeting
9/24/2019 1:10 PM
Homeless Initiatives for the City of Augusta
Department:
Presenter:Mayor Hardie Davis, Jr.
Caption:Discuss Homeless Initiatives for the City of Augusta currently
being implemented and what additional things can be done to
positively impact the lives of the homeless community.
(Requested by Mayor Hardie Davis, Jr.)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Administrative Services Committee Meeting Commission Chamber - 911012019
ATTENDANCE:
Present: Hons. Sias, Chairman; Clarke, Vice Chainnan; Davis and B.
Williams, members.
Absent: Hon. Hardie Davis, Jr., Mayor.
ADMINISTRATIVE SERVICES
1. The Utilities Department-Facilities
purchase of one new crane truck at a
Program.
Maintenance Division requests the Item
cost of S135,197 using the GMA lease Action:
Approved
Motions
Motion Motion Textr ype
Motion to
Approve approve.
Motion Passes 4-0.
Motions
Motion Motion TextI ype
Motion to
Approve approve.
Motion Passes 4-0.
Made By Seconded By
Commissioner Commissioner
Mary Davis Bobby williams Passes
Seconded By
Motion
Result
Motion
Result
2. Motion to authorize the submission of the 2019 Continuum of Care Exhibit I Item
Consolidated Application, Exhibit 2 Applications (both New and Renewal) Action:
and all supporting documentation for the Continuum of Care Application to Approved
the U.S. Department of Housing and Urban Development (HUD).
Made By
Commissioner
Bobby Williams
Commissioner
Mary Davis Passes
3.
Motion to approve Housing and Community Development's (HCD's) 2019 Item
request to reallocate administrative expenses for CDBG, HOME, and CDBG Action:Rehab. Approved
4. Motion to approve Housing and Community Development Department's Item
(HCD's) request to promote and provide financial assistance to Richmond Action:
County Teachers, Sheriff Deputies, Marshal Deputies and First Responders to Approved
purchase a new home in the Laney Walker Bethlehem Area.
Motions
Motion Motion Textr ype
Motion to
Approve approve.
Motion Passes 4-0.
Commissioner Commissioner
Bobby williams Mary Davis Passes
Made By Seconded By
Made By Seconded By
Made By Seconded By
Motion
Result
Motion
Result
Motion
Result
Motions
Motion Motion TextI ype
Motion to approve to
Approve include all teachers. Commissioner Commissioner
Motion passes 4-0. Bobby williams Mary Davis Passes
5. Motion to approve Housing and Community Development's (HCD) request to Item
provide rehabilitation services to five (5) homeowner-occupied rehabilitation Action:
homes for low-to- moderate homeowners in need of safe, decent and Approved
complaint housing.
Motions
$otion Motion TextI ype
Motion to
Approve approve.
Motion Passes 4-0.
Commissioner Commissioner
Bobby Williams Mary Davis Passes
6. Meeting Management System for the purpose of Augusta decorum and order
of questions and statements. (Requested by Commissioner John Clarke)
Motions
Item
Action:
Approved
Made By Seconded By
Motion
Type
Approve
Motion to
Motion
Result
Passes
Motion
Result
Passes
7. Motion to approve the minutes of the Administrative Services Committee held Item
on August27,20l9. Action:
Approved
approve.
Motion passes 4-0. Bobby williams Mary Davis
Commissioner Commissioner
Made By Seconded By
Commissioner Commissioner
Bobby Williams John Clarke
www.ausustasa.sov
Motions
Motion
="""" Motion TextI ype
Motion to
Approve approve.
Motion Passes 4-0.
Administrative Services Committee Meeting
9/24/2019 1:10 PM
Minutes
Department:
Presenter:
Caption:Motion to approve the minutes of the Administrative Services
Committee held on September 10, 2019.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY: