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HomeMy WebLinkAbout2018-05-29 Meeting Minutes Public Service Committee Meeting Commission Chamber - 5/29/2018 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Guilfoyle, Chairman; Fennoy, Vice Chairman; Davis and M. Williams, members. PUBLIC SERVICES 1. New Location Application: A.N. 18-17: A request by Pamela Smith for a retail package Beer & Wine License to be used in connection with Fred's Stores of Tennessee, Inc. d/b/a/ Fred's Store #1930 located at 2872 Tobacco Road. District 8. Super District 10. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Mary Davis Commissioner William Fennoy Passes 2. New Ownership Application: A.N. 18-18: A request by Young Hi Han for a retail package Beer & Wine License to be used in connection with JulyKiss Co, Inc. d/b/a Kissingbower Liquor Store located at 1773 Kissingbower Road. District 2. Super District 9. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve with the inclusion of a liquor license. Motion Passes 4-0. Commissioner Mary Davis Commissioner William Fennoy Passes 3. New Ownership Application: A.N. 18-19: A request by Maritza Ramos Castro for a retail package Beer & Wine License to be used in connection with Dabraham, LLC located at 1959 Kissingbower Road. District 2. Super District 9. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Mary Davis Commissioner William Fennoy Passes 4. New Ownership Application: A.N. 18-20: A request by Sayed Mirwais Haydary for a retail package Beer & Wine License to be used in connection with Sayed MH, Inc. d/b/a Grab N Go located at 2160 M L King Jr Blvd. District 2. Super District 9. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner William Fennoy Commissioner Mary Davis Passes 5. Motion to approve playground equipment purchase for the Bernie Ward Community Center as part of RFP Item #17-275 for $124,000. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. M. Williams abstains. Motion Passes 3-0 -1. Commissioner William Fennoy Commissioner Mary Davis Passes 6. Discuss options, requirements, issues, solutions for Businesses that desire to open in the downtown district or within the footprint of the Downtown Development Authority. (Requested by Commissioner Sammie Sias) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve directing the Law Department to modify the zoning ordinance with a text amendment as recommended by Planning & Development and bring it back to the next committee meeting. Motion Passes 4-0. Commissioner Mary Davis Commissioner Marion Williams Passes 7. Request Commission approval to enter into Phase III contract with MCCi, LLC as a sole source vendor for the amount of ‘not to exceed $85,000.00’ for the purpose of digitizing and indexing historic building plans. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. M. Williams abstains. Motion Passes 3-0 -1. Commissioner William Fennoy Commissioner Mary Davis Passes 8. Approve amendments to the Augusta, Georgia Code, Title 4, Chapter 2, Article 2, Litter Control, Section 4-2-9 Littering Streets and Sidewalks Prohibited so as to provide regulations prohibiting the placing of posters, signs and advertisements on any public property; and delete the section titled ‘Tiered Fee Schedule’. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Marion Williams Commissioner Mary Davis Passes 9. A motion to approve the purchase of a System for the New Transit Operation and Maintenance Facility from Stertil-Koni. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Motion to approve. Mr. M. Williams abstains. Motion Passes 3-0 -1. Commissioner William Fennoy Commissioner Mary Davis Passes 10. Motion to approve the minutes of the Public Services Committee held on May 8, 2018. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. M. Williams abstains. Motion Passes 3-0 -1. Commissioner William Fennoy Commissioner Mary Davis Passes 11. Motion to approve an Ordinance to amend Augusta, Georgia Code Sections 3-5-1 and 3-5-86 to allow personal transportation vehicles with specified safety features to be used on certain streets; to provide for definitions; to provide for safety requirements and registration procedures for personal transportation vehicles to be used on Augusta streets for the purpose of reducing harmful environmental emissions and supporting tourism; to repeal all Code sections and ordinances and parts of Code sections and ordinances in conflict herewith; to provide an effective date and for other purposes. Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Commissioner William Fennoy Dies for lack of Second Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the full Commission with no recommendation. Mr. Fennoy votes No. Motion Passes 3-1. Commissioner Marion Williams Commissioner Mary Davis Passes 12. Report from the Subcommittee appointed on March 28, 2018 to consider draft Ordinance to Restrict Smoking and the use of E-Cigarettes in public places of public accommodation. Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the full Commission with no recommendation. Mr. Fennoy votes No. Motion Passes 3-1. Commissioner Mary Davis Commissioner Marion Williams Passes 13. Approve a request from the CSRA Regional Commission / Area Agency on Aging for Augusta, Georgia to assist with the funding of the Home Delivered Meal program for the remainder of fiscal year 2018 (ending on June 30, 2018). Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. M. Williams abstains. Motion Passes 3-0 -1. Commissioner William Fennoy Commissioner Mary Davis Passes 14. Report from Recreation Department on upcoming department's sponsored major events at the Augusta Common. (Requested by Commissioner Marion Williams) 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 Marion Williams Commissioner Mary Davis Passes www.augustaga.gov Public Service Committee Meeting 5/29/2018 1:00 PM Attendance 5/29/18 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Public Service Committee Meeting 5/29/2018 1:00 PM Alcohol Application Department:Planning & Development Presenter:Julietta H. Walton Caption:New Location Application: A.N. 18-17: A request by Pamela Smith for a retail package Beer & Wine License to be used in connection with Fred's Stores of Tennessee, Inc. d/b/a/ Fred's Store #1930 located at 2872 Tobacco Road. District 8. Super District 10. Background:This is a New Location Application. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1,330.00. Alternatives: Recommendation:The Planning & Development Office approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Public Service Committee Meeting 5/29/2018 1:00 PM Alcohol Application Department:Planning & Development Presenter:Julietta H. Walton Caption:New Ownership Application: A.N. 18-18: A request by Young Hi Han for a retail package Beer & Wine License to be used in connection with JulyKiss Co, Inc. d/b/a Kissingbower Liquor Store located at 1773 Kissingbower Road. District 2. Super District 9. Background:This is an Existing Location/New Ownership Application. Formerly in the name of Hee Ra Choi. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $4,660.00. Alternatives: Recommendation:The Planning & Development Office approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Public Service Committee Meeting 5/29/2018 1:00 PM Alcohol Application Department:Planning & Development Presenter:Julietta H. Walton Caption:New Ownership Application: A.N. 18-19: A request by Maritza Ramos Castro for a retail package Beer & Wine License to be used in connection with Dabraham, LLC located at 1959 Kissingbower Road. District 2. Super District 9. Background:This is a New Ownership Application. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1,330.00. Alternatives: Recommendation:The Planning & Development Office approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Public Service Committee Meeting 5/29/2018 1:00 PM Alcohol Application Department:Planning & Development Presenter:Julietta H. Walton Caption:New Ownership Application: A.N. 18-20: A request by Sayed Mirwais Haydary for a retail package Beer & Wine License to be used in connection with Sayed MH, Inc. d/b/a Grab N Go located at 2160 M L King Jr Blvd. District 2. Super District 9. Background:This is a New Ownership Application. Formerly in the name of Joseph Urban. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1,330.00 Alternatives: Recommendation:The Planning & Development Office approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Request for Proposal Request for Proposals will be received at this office until Thursday, November 2, 2017 @ 11:00 a.m. for furnishing: RFP Item # 17-275 2017-2018 Playground Improvements for the Augusta, GA – Recreation and Parks Department RFPs 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 RFP documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. A Pre Proposal Conference will be held on Tuesday, October 17, 2017 @10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. A Site Visit will follow. 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, October 19, 2017, @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 60 days after bids have been opened, pending the execution of contract with the successful bidder(s). A 100% performance bond and a 100% payment bond will be required for award. Request for proposals (RFP) and specifications. An RFP 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 RFP number on the outside of the envelope. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base his 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 September 21, 28, October 5, 12, 2017 Metro Courier September 27, 2017 OFFICIAL VENDORS Attachment "B"E-Verify SAVE Form Addendum 1 Original 7 Copies Fee Proposal Compliance Review Playcore Wisconsin dba Gametime 632 Florida Central Parkway Longwood, FL 32750 YES 131211 YES YES YES YES YES YES Lanier Plans, Inc. dba Korkat 221 Cable Industiral Way Carrollton, GA 30117 YES 253952 YES YES YES YES YES YES Miracle Recreation Equipment 878 E. Highway 60 Monett, MO 65708 YES 206364 YES YES YES YES YES YES Play South Playground Creators dba Play South, LLC. 212 Clearview Estates Drive Newnan, GA 30265 YES 942178 YES YES YES YES YES YES Play Ground Creations/ dba Archictectural Design Specialties 1500-K Southland Circle Atlanta, GA 30318 YES 649530 YES YES YES YES YES NO PPLT Farmington, Inc. c/o Playworx Playsets, LLC. 810 Holly Ridge Canton, GA 30115 YES 53236 YES YES YES YES YES NO Great Southern Recreation 2441-Q Old Fort Parkway Murfeesboro, TN 37128 YES 882872 YES YES YES YES YES YES Playworld Preferrred 11515 Varstory Drive, Suite 100 Huntersville, NC 28078 YES 946279 YES YES YES YES YES NO Bliss Products and Services 6831 S. Sweetwater Road Lithia Springs, GA 30122 YES 329247 YES YES YES YES YES NO Total Number Specifications Mailed Out: 35 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 63 Pre Proposal Telephone Conference Attendees: 14 Total packages submitted: 9 Total Noncompliant: 4 RFP 17-275 2017-2018 Playground Improvements for Augusta, GA Recreation and Parks Department RFP Date: Tuesday, November 14, 2017 @ 3:00 p.m. The following vendors have been deemed Non-Compliant for failing to meet the good faith efforts:Bliss Products and Services, Playworld Preferred, PPLT Farmington, Inc. c/o Playworx Playsets, LLC., Playground Creations dba Architectural Design Specialties, Page 1 of 1 Public Service Committee Meeting 5/29/2018 1:00 PM Bernie Ward Playground Equipment RFP #17-275 Department:Recreation and Parks Presenter:H. Glenn Parker Caption:Motion to approve playground equipment purchase for the Bernie Ward Community Center as part of RFP Item #17-275 for $124,000. Background:The Recreation and Parks Department has reviewed each of the playground submittals for RFP #17-275. We are recommending the additional purchase of a new play unit for the Bernie Ward Park using a combination of SPLOST VII funds and Capital Funds. Although this unit was originally designed for Wood Park it would fit into the allotted area at Bernie Ward Park and additional meets the departments budgetary constraints. Analysis:Nine (9) RFP packages were received from the industry vendors. Financial Impact:$124,000 Alternatives:1 - To Approve the purchase of playground equipment for the Bernie Ward Park as part of RFP #17-275 for $124,000 using a combination of SPLOST VII and Capital Funds. 2 - Move No Action. Recommendation:To Approve the purchase of playground equipment for the Bernie Ward Park as part of RFP #17-275 for $124,000 using a combination of SPLOST VII and Capital Funds. Funds are Available in the Following Accounts: 329061110 $70,958.76 272061110 $53,041.24 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Nancy Morawski From: Sent: To: Cc: Subiect: Ms Bonner, Commissioner Sammie Sias Thursday, May 24,20L8 8:47 AM Lena Bonner Robert H. Sherman; Janice Allen Jackson; Margaret Woodard; Nancy Morawski Planning and Development Ordinance Parking Requirements in the Downtown District Please place the following agenda item on the Public Services Committee Committee agenda for 29 May 2018. Discuss options, requirements, issues, solutions for Businesses that desire to open in the downtown district or within the footprint of the Downtown Development Authority. Background: With the expansion of the Cyber district we now have a number of varying types of businesses that want to open downtown. A major problem for them is our mandatory requirement that they must guarantee the available of parking spaces. We need to eliminate that requirement based on the following: The city is working on a plan to better manage the available downtown parking There is not a shortage overall, but a possible shortage near a business try to open in the downtown district We losing new businesses because of this requirement This is a problem that we can solve immediately, so I asking everyone to start the dialogue now, not later. Sammie L. Sias Commissioner, Augusta Richmond County "Foilure is not on Option" Please consider the environment before printing this email. a a This e-mail contains confidential information and is intended only for the individual named. lf you are not the named addressee, you should not disseminate,distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.The City of Augusta accepts no liability for the content of this e-mail or for the consequences of any actions taien on the basis of the information provided, unlessthat info-rmation is subsequently confirmed in writing. Any views or opinions presented in this e-mail are solely those of the author and do not necessarily represenlthose of the City of Augusta. E-mail transmissions cannot be guaranteed to Le secure or error-free as informition could be intercepted, corrupted, lost, destroyed,arrive late or incomplete, or contain viruses. The sender lherefore does not accept liabiliiy for any errors or omissions in the content of this message which arise asa result of the e-mail transmission. lf verification is required, please request a haid copy version_AED:104.1 Public Service Committee Meeting 5/29/2018 1:00 PM Businesses locating in downtown Augusta Department:Clerk of Commission Presenter: Caption:Discuss options, requirements, issues, solutions for Businesses that desire to open in the downtown district or within the footprint of the Downtown Development Authority. (Requested by Commissioner Sammie Sias) Background:With the expansion of the Cyber district we now have a number of varying types of businesses that want to open downtown. A major problem for them is our mandatory requirement that they must guarantee the availability of parking spaces. We need to eliminate that requirement based on the following: The city is working on a plan to better manage the available downtown parking, there is not a shortage overall, but a possible shortage near a business trying to open in the downtown district and we are losing new businesses because of this requirement. This is a problem that we can solve immediately, so I am asking everyone to start the dialogue now, not later. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: .-fr. Vendor:MCCI E-Verify Number:4)10) Comrnodity: PROJECT SOFTWALE Estimated annual expenditure fbr the above commodity or seruice:s 85,000 Initial all entries below that apply to the proposed purchase. Attach a memorandum containing complete justification and support documentation as directed in initialed entry. (More than one entry will apply to most sole source products/services requested). I. SOLE SOURCE REQUEST IS FOR THE ORIGINAL MANUFACTURER oR PRoVIDER. THERE ARE NO REGIONAL DISTRIBUTORS. (Aftach the uranuf'acturer's wrirten certification that no regional distributors exist. Item no. 4 also must be completed.) 2, SoLE SoURCE REQUEST IS FoR oNLY THE AUGUSTA GEoRGIA AREA DISTRIBUTOR OF THE ORIGINAL MANUFACTURER OR PROVIDER. (Attach the manufacturer's - not the distribut written certification that identifies all regional distributors. Item no. 4 also must be completed ) 3. THE PARTS/EQUIPMENT ARE NOT INTERCHANGEABLE wITH SIMILAR PARTS oF ANOTHER MANUFACTURER. (Explain in separate memorandurn.) 4. THIS IS THE ONLY KNOWN ITEM OR SERVICE THAT WILL MEET THE SPECIALIZED NEEDS OF THIS DEPARTMENT OR PERFORM THE INTENDED FLTNCTION. (Attach memorandum with details of specialized function or application.) 5. THE PARTS/EQUIPMENT ARE REQUIRED FRoM THIS SoURCE To PERMIT STANDARDIZATION. (Attach memorandum describing basis for standardization request.) 6. NONE OF THE ABOVE APPLY. A DETAILED EXPLANATIoN AND JUSTIFICATIoN FOR THIS SOLE SOURCE REQUEST IS CONTAINED IN ATTACHED MEMORANDUM. x Sole Source Justification (Reference Article Contract Awards, S 1-10-56 SOLE 6, Procurement Source Selection Methods and SOURCE PROCUREMENT t: Planning and DevelopTf Date: Date: Date: Date: The undersigned requests of the service or material or material. Narne:Robert H. Sherma Department Head Signature: Approval Autliority: Adrninistrator Approval that competitive procurement be waived and that the vendor identif-red as the supplier described in this sole source justification be authorized as a sole source for the service il# COMMENTS:" W6'ire5 (o^* Rev.09/10/12 tt>i.,,', /'pPro '1Sttf,y 1q)*sli:Efi Augusta Planning and Development Department Robert H. Sherman, III Interim Director To: From: Subject: Date: Approved: Approved: Ms. Janice Allen Jackson, Administrator Ms. Geri Sams, Director of Procurement -? F* Robert H. Sherman lll, lnterim Director - Planning and Development Conversion & lndexing Service Project for Planning and Development - Phase lll May 4, 2018 nsemO AdmfrhmO*Omca iily 0I ?ofi tugudqGA The lnformation Technology Department (lT) is working with the Planning and Development Department for the conversion and indexing service to store building plans. These plans are currently stored at the old Planning and Development Building at 1815 Marvin Griffin Road, Augusta, Georgia, 30906. As you are aware, the Planning and Development Department vacated the 1815 Marvin Griffin Road location two years ago and must have plans moved by July 2018. The Planning and Development Department is requesting to use MCCI, LLC for the continuation of Phase lll of this project. MCCI is already an established vendor within Augusta Procurement and the lT department already has a contract with the company for the use of the Laser fiche database software. The Goal for this project is to have the building plans scanned into a database where they can be stored and easily accessed. Enclosed is a Sole Source Justification form as well as the quote from MCCI for Phase lll. The estimated cost for this project will not exceed 585,000.00, which will be funded through the Planning and Development Data Processing Budget object code217-O7-22L0, org key 52-13110. Upon our approval, we will proceed to create an agenda ltem for Commission approval. Please do not hesitate to contact me if you have questions. **' Slqln Date: *lq It I rector of Procurement s. Janice All6n Jack ministrator 5-15 Trllair Street' Augustr. G,\. 30901 7 116.1121.1196. Far: 706.82 l. I806 wu w.august:rga.gov Cover Page Prepared For: Augusta – Richmond County, GA Presented By: Mike Beaudreau SCANNING SOLUTION Issued: May 13, 2018 Mike B. May 13, 2018 Ms. Debbie Freeman Augusta – Richmond County 535 Telfair Street Building 2000 Augusta, GA 30901 Dear Ms. Freeman: Thank you for allowing me to work with you regarding our Digitization services. While reviewing the enclosed Proposal, please keep in mind the following advantages of being a MCCi Client: Experience - MCCi was created by Municipal Code Corporation to focus on innovative solutions for the public sector. MCCi has been providing scanning, indexing, and conversion services to entities including Cities, Counties, State Agencies, Special Districts, School Districts, Law Enforcement, and more for over 15 years. We have completed hundreds of projects and have a long list of satisfied Clients. Client Commitment – We are committed to making sure your project is done right. If the quality of our work is not what you expect, we fix it. Our Clients come first. Safe & Secure – All Scanning Division staff go through HIPAA and CJIS training for sensitive documents. Sensitive data is stored and accessed using several levels of security. Leading Provider – MCCi is the leading provider of Laserfiche in the world and a Laserfiche Gold VAR. Even if you don’t have Laserfiche, we know document management and can help make sure you are able to leverage your digital documents. Complete Solutions – In addition to converting documents, we provide solutions for document management, business process improvement, and managing public records requests. We are passionate about helping our Clients go paperless and improve overall efficiency. Working with a single partner can help reduce costs and improve project outcomes. If you have any questions concerning our proposal or desire additional information, please do not hesitate to contact me. We appreciate your interest and hope that we will have the pleasure of working with you. Sincerely, Michael Beaudreau Account Executive CORPORATE OFFICE Sales Department P.O. Box 2235 ● Tallahassee, Florida 32316 Phone (800) 342-2633 ● Fax (850) 564-7496 MICHAEL BEAUDREAU Account Executive Atlanta, Georgia Office (770) 855-9159 ● mbeaudreau@mccinnovations.com MCCi | Page 3 of 7 SCANNING SOLUTION SCOPE OF SERVICES AND PROJECT PRICING The Client will furnish MCCi for its use in preparing the document imaging project all hardcopy /electronic documents to be converted. PROJECT SCOPE – All estimates are based on information provided by the Client • General Description Document Size: Large Format up to 42” Department: Planning and Development Plans Document Types: Plans Document Count: 1479 Image Count: 59,160 Images Per Document: 40 • Document Preparation: Current Storage Method: Boxes/Mail Condition of documents: Generally good • Image Processing & Indexing DPI & Color: 300 DPI, Black & White Number of Index Fields: Up to 4 Fields Document Naming Convention: Document Name, year, type, TBD Fields to be Indexed: Document Name, year, type, TBD Optical Character Recognition: Not Included • Image Output Method of Delivery: Laserfiche Briefcase Output Type: Laserfiche Briefcase • Material Handling Shipping Logistics: MCCi Pickup Shipping & Delivery Terms: Up to 1 shipment • Special notes: Any corrections such as rescans or indexing changes must be brought to MCCi’s attention within 90 days of the date that MCCi delivers the data to the Client. Corrections will not be made after 90 days. MCCi | Page 4 of 7 PROJECT PRICING Project I – Conversion of Documents to be completed by 12/31/2018 Not to Exceed $85,000.00 Excess Images @ $1.43 PAYMENT & BILLING TERMS MCCi will invoice project on a monthly schedule, based on deliverables (via Electronic media or the internet). Payment is due upon receipt of an invoice. MCCi | Page 5 of 7 MCCi, a Limited Liability Company, which is duly organized and existing under the laws of the State of Florida, hereinafter referred to as MCCi, hereby offers the Laserfiche Software & Services to the AUGUSTA – RICHMOND COUNTY, GA, a corporation duly organized and existing under state law, hereinafter referred to as the Client, according to the following terms and conditions. MCCI DOCUMENT SERVICES – INDEXING SERVICES. Once MCCi has received your documents, the following process will occur according to the terms laid out in MCCi’s pricing proposal and may vary according to services selected. CONSULTATION. A Consultation will be scheduled via a telephone conference after receipt of signed contract. This consultation is designed to go over the following: the signed contract and terms, folder structure, current searching methods, document naming scheme, document preparation requirements, and document shipment and/or pick up. DOCUMENT PREPARATION. If you decide to send paper documents to MCCi, the process of document preparation begins with removing any materials that may prohibit the document from being fed through the scanner (i.e. Removal of documents from file folders, Removal of staples, paperclips, tape, clips, etc) and is described as Document Preparation. Upon completion of scanning, MCCi will organize the documents into their original order as received from the Client but not placed back into their file folders or reprepped unless specifically stated otherwise in the project scope. DOCUMENT ORGANIZATION & INDEXING. Based on the scope of the project and outcome of your consultation, MCCi will organize and index your documents. Each project will have its own required organization and indexing requirements. Our project management team will work with the Client to identify those requirements. Prior to project kickoff we will send the Client example template cards and file-tree structure for their approval. Or, if the Client already has existing Laserfiche template cards created for a specific document series, they can send us that template via Laserfiche Briefcase. DOCUMENT QUALITY CONTROL. MCCi performs a thorough quality control process after the job has been completed. Steps are taken to ensure documents have been captured, the quality of the scanned images are comparable to the originals, and manual indexing errors have been corrected. Even with the best quality control processes, there are going to be occasional errors that go uncorrected. MCCi’s acceptable error rate will be less than 0.5% for the overall project, unless otherwise stated in writing. MCCi cannot be accountable for records not reflected in original inventory report as provided by Client. MCCi will correct only those valid discrepancies above the acceptable error rate reported within 90 days after delivery of electronic data to Client. DOCUMENT STORAGE. MCCi’s facilities contain secure rooms for hardcopy “work in progress” document storage. MCCi will arrange for the return of hardcopy documents to the Client after completion of scanning. If documents reside at MCCi facilities for a period longer than 90 days after converted electronic data is delivered to Client storage charges will apply. DATA STORAGE MCCi is not responsible for maintaining a copy of Client data, with the exception of Clients who contractually and on a recurring basis, utilize MCCi’s Online Document Hosting Services. MCCi periodically reviews and deletes Client data from previous projects. The timing of the periodic review and deletion of data is at MCCi’s discretion. MCCi recognizes that for records retention and security compliance, the Client may require MCCi to delete copies of it’s data prior to MCCi’s process of deleting data; If so, the Client is responsible for making the request in writing and for obtaining confirmation of data deletion. ENTERPRISE WIDE SCANNING SERVICES. In accordance with the terms and conditions herein, MCCi can provide any department in the organization with scanning services for documents other than those described in this pricing proposal. All costs are volume based and can be provided upon request. MCCi will consult with each department interested in beginning their own project to determine individual scanning and indexing needs. MICROFILM & FICHE CONVERSION SERVICES. MCCi offers electronic conversion services for microfilm, microfiche, and aperture cards. The Client will provide MCCi with data to be converted to electronic format. MCCi will extract the images contained on the film/fiche and migrate them to Laserfiche or to another industry standard format as requested by the Client. The images will be captured based upon the reduction ratio and threshold between the beginning and ending of new images on the original film. MCCi is not responsible for the accuracy of existing image quality, such as black borders, skewed images, blurry images, non- legible images, or other errors that are not controllable by MCCi. Unless otherwise specified in the project scope, MCCi will index by the roll/card number or unique identifier. LASERFICHE SEARCH ENGINE MEDIA. If included in the Scope of Services, MCCi will integrate the documents with the LaserFiche Software to provide the Client with the most powerful index retrieval search engine available with the following features: intuitive browse window, index cards, and full text word search. MCCi will provide the Client with the appropriate media containing all documents scanned and integrated with Laserfiche. ONLINE DOCUMENT HOSTING. MCCi will post the documents to the web for a minimal annual fee. MCCi provides the Client with a direct link which can then be linked to the Client’s website for public access if desired. Document storage cost is determined upon actual image count. All documents on the site are integrated with a search engine, and updates are incorporated as the database is amended. PROJECT TIMELINE. MCCi will complete and deliver the project within the predetermined project timeline as agreed upon with the Client. Should MCCi require additional time, the Client will be notified immediately. DOCUMENT TRANSPORTATION. The Client is required to package all materials per MCCi’s instruction prior to delivery of materials to MCCi facilities. If the Client chooses to utilize MCCi’s pick up and delivery service (offered in select states), pricing is based on picking up the entire project described in the scope of services in one shipment. At the time of updating or if additional trips are required due to the Client not having all the documents ready for pick up, additional charges will be applied. If the Client chooses to ship via a certified carrier, the Client incurs all shipping costs. PRICING. Charges apply on a per project basis and are dependent upon size and volume of documents. MCCi requires having the entire project in bulk, rather than in small quantities. Breaking the project into smaller quantities will affect the volume pricing, and additional charges per image may apply. A sample may be required prior to confirming large volume job pricing. UNANTICIPATED DOCUMENT TYPES & SIZES. The prices quoted are made with the expectation that Client will properly prepare and annotate materials for scanning bureau use and that documents are consistent with the description provided in the scope of services. If documents are not as initially represented, additional charges will apply. MCCi will call for authorization to proceed with the project. MCCi | Page 6 of 7 LASERFICHE SYSTEM CLIENTS. Due to requirements by Laserfiche systems regarding the importing of images and indexing information, it is highly recommended that Clients who already have a Laserfiche system have their documents scanned using only Laserfiche software. This will ensure that all associated indexing information will be properly retained after the importing of images into the Laserfiche system. MCCi has knowledge of the software versions, indexing requirements, and compatibility issues for each of our Laserfiche system Clients. For these reasons, MCCi should be considered as a Sole Source provider for scanning services. Additionally, Laserfiche System Clients are required to supply MCCi with a Laserfiche Briefcase of their current folder/template structure, prior to each scanning project / updates to existing projects. MCCI CERTIFIED PARTNERS. MCCi maintains partnerships for the purpose of additional capacity and flexibility in meeting Client expectations. In the event partners are used for a project, the management and support of the project is handled directly by MCCi. . Physical documents will never leave the United States, but our partners may utilize offshore resources to handle document indexing, quality control, and other processes. AGREEMENT EXTENDED TO OTHER GOVERNMENTAL UNITS. MCCi agrees to allow any other Government agency to purchase items at the same terms, conditions and pricing as this contract during the period of time that this contract is in effect. Minor changes in terms and conditions may be negotiated by MCCi and participating Government agencies. Any orders issued against this agreement shall be the sole responsibility of the Government agency placing the order. It is understood that the Client shall incur no financial responsibility in connection with any purchase by another Government agency. TERMINATION. The services provided in this agreement will be in full force and effect for a period of three (3) years from the date of shipment of the completed product to the organization. Thereafter, this agreement will be automatically renewed from year to year, provided that either party may alter or cancel the terms of this agreement upon sixty (60) days' written notice. FORCE MAJEURE. Neither party shall be liable for any delay or failure in performance due to causes beyond its reasonable control. CLIENT FINANCIAL SOLVENCY/BANKRUPTCY. MCCi may require payment in advance for products and services in response to learning of financial solvency or bankruptcy issues. LIMITED LIABILITY. Notwithstanding anything in this Agreement to the contrary, MCCi’s total liability to the client for any and all claims, damages, or liability arising out of or related in any way to this agreement or the products or services being provided by MCCi to Client shall be strictly limited to the project fees paid to MCCi by the Client for the preceding 12-month period immediately preceding the event giving rise to the claim by the Client, and shall also be limited to the fees paid to MCCi for the particular service/product that the Client’s claim was caused by or arose out of. INDEMNIFICATION. If MCCi or our affiliates (owners or partners), or any of our or their respective employees, agents, or suppliers (the “Indemnitees”) is faced with a legal claim by a third-party arising out of your actual or alleged gross negligence, willful misconduct, violation of law, failure to meet the security obligations required by the Agreement, or violation of your agreement with your customers or end users, then you will pay the cost of defending the claim (including reasonable attorney fees) and any damages award, fine or other amount that is imposed on the Indemnitees as a result of the claim. Your obligations under this subsection include claims arising out of the acts or omissions of your employees or agents, any other person to whom you have given access to the Services, and any person who gains access to the Services as a result of your failure to use reasonable security precautions, even if the acts or omissions of such persons were not authorized by you. You must also pay reasonable attorney fees and other expenses we incur in connection with any dispute between persons having a conflicting claim to control your account with us or arising from an actual or alleged breach of your obligations to them. PAYMENT & BILLING TERMS. MCCi will invoice project on a monthly schedule, based on deliverables (via Electronic media or the internet). Payment is due upon receipt of an invoice. MARKETING & REFERENCES. Client agrees to allow MCCi to publish and publicize testimonials and case study information pertaining to MCCi’s work with the Client. This information, including the Client’s organization name, logo, and contact information will be used in all media types USE OF BASECAMP. Through the course of this project, MCCi may choose to utilize the third-party service Basecamp (http://www.basecamp.com) for project management and team collaboration. Documentation and correspondence exchanged between MCCi and The Client may be stored in Basecamp. The Client acknowledges that Basecamp is responsible for secure storage of this documentation, and agrees that Basecamp's security guidelines located at https://basecamp.com/security are acceptable for the storage of The Client's data and correspondence exchanged with MCCi. MCCi | Page 7 of 7 The terms of this agreement shall remain in force and effect for a period of ninety (90) days from the date appearing below, unless accepted by the Client. Submitted by: MCCi, a Limited Liability Company Date: May 13, 2018 By: _______________________________________________ (Signature) _______________________________________________ (Printed Name & Title) Noted Items Accepted by: AUGUSTA – RICHMOND COUNTY, GA Date: _____________________________________________ By: ______________________________________________ (Signature) ______________________________________________ (Printed Name & Title) Public Service Committee Meeting 5/29/2018 1:00 PM Digitizing and Indexing Historic Building Plans – Phase III Department:Planning & Development Presenter:Rob Sherman Caption:Request Commission approval to enter into Phase III contract with MCCi, LLC as a sole source vendor for the amount of ‘not to exceed $85,000.00’ for the purpose of digitizing and indexing historic building plans. Background:The State record retention code requires that building plans be retained for the life of the structure. We have approximately twenty-five years of building plans stored in the attic of the building at 1815 Marvin Griffin Road. The general condition of the plans is deteriorating because of the exposure to the humid environment and the age of some of the plans. The goal for this project is to have the building plans scanned into a database where they can be stored and easily accessed. Analysis:The Information Technology Department is working with the Planning & Development Department for the conversion and indexing service to store building plans. In 2017, the Planning Department began the scanning project using MCCi because of their established vendor relationship within the Procurement Department and the Information Technology Department. Approximately 19,069 pages have been scanned in Phases I & II at a total cost of $27,269.56…. The use of MCCi as the Sole Source vendor has been approved by the Procurement Department and the Administrator….Approximately 195,182 pages remain to be scanned. Financial Impact:Not to exceed $85,000. Alternatives:Do not approve. Recommendation:Approve Funds are Available in the Following Accounts: The funds are in Org. Key 217-07-2210, Object Code 5213110 Data Processing REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Signs in the R-O-W ordinance revisions draft ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 4, CHAPTER 2, ARTICLE 2, LITTER CONTROL, SECTION 4-2-9 LITTERING STREETS AND SIDEWALKS PROHIBITED, SO AS TO PROHIBIT THE PLACING OF POSTERS, SIGNS OR ADVERTISEMENTS ON ANY PUBLIC PROPERTY; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES, AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT IT IS A VIOLATION OF AUGUTA-RIHMOND COUNTY CODE TO PLACE POSTERS, SIGNS OR ADVERTISEMENTS ON ANY PUBLIC PROPERTY AS STATED IN THE REGULATIONS HEREWITH, AS FOLLOWS: SECTION 1. TITLE 4, CHAPTER 2, ARTICLE 2, LITTER CONTROL, SECTION 4-2-9 IS HEREBY DELETED BY STRIKING THIS SECTION IN ITS ENTIRETY, AND NEW SECTION 4-2-9 IS HEREBY INSERTED TO REPLACE THE REPEALED SECTIONS AS SET FORTH IN “EXHIBIT A” HERETO. SECTION 2. This ordinance shall become effective upon adoption. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2018. __________________________ Attest:______________________________ Hardie Davis, Jr. Lena J. Bonner, Clerk of Commission As its Mayor Seal: Signs in the R-O-W ordinance revisions draft CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2018 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: _________________________ First Reading ______________________ Second Reading ______________________ Signs in the R-O-W ordinance revisions draft “EXHIBIT A” Sec. 4-2-9. Littering streets, and sidewalks, and publicly owned properties prohibited. (a) It shall be unlawful for any person to place, store, dump, park or broadcast any junk, metal, brickbats, stones, plaster, lumber, trash, garbage, litter, paper or similar rubbish and junk upon any public street, or sidewalk, or public property in Augusta-Richmond County. As used in this Section, "junk" includes without limitation appliances, furniture and other bulk items not considered usual household garbage. The sanitation department is not responsible for collection and/or disposal of such junk, and such junk shall not be collected by the sanitation department, but must be disposed of by the owner of the property on which it is located. (b) It shall be unlawful for any person to place posters, signs or advertisements on any public property. Any occupational tax certificate holder (licensee) or any person in the employ of the licensee who violates this section, or any individual or business (i.e. person who placed the poster, sign, or advertisements) that is authorized by the licensee or employee of the licensee who violates the provisions of section, shall subject the occupation tax certificate (business license) to suspension or revocation pursuant to Section 2-1-38. The term litter includes any poster, sign, or advertisement when placed in violation of this Code section and is declared to be a public nuisance, and the officials having jurisdiction of the public property or building, including without limitation law enforcement officers, may remove or direct the removal of the same. Each poster, sign, or advertisement placed in violation of this Code section shall constitute a separate offense. (1) A written warning will be issued on the first offense to the responsible individuals. The responsible individuals can be the licensee, employee of the licensee, or the person who placed the poster, sign, or advertisement on public property. (2) A two-hundred fifty dollar ($250.00) fine will be charged to the responsible individual(s) of for the second offense. The responsible individuals can be the licensee, employee of the licensee, or the person who placed the poster, sign, or advertisement on public property. The fine is to be paid to the Planning & Development Department within thirty (30) calendar days of the fine being assessed. Failure to pay the fine will result in action being taken against the business license, to include suspension or revocation. (3) A five hundred dollar ($500.00) fine will be charged to the responsible individual(s) of for the third offense. The responsible individuals can be the licensee, employee of the licensee, or the person who placed the poster, sign, or advertisement on public property. The fine is to be paid to the Planning & Development Department within thirty (30) calendar days of the fine being assessed. Failure to pay the fine will result in action being taken against the business license, to include suspension or revocation. (4) The business owner, manager, agent or responsible party will be issued a citation upon the fourth offense in accordance with Section 4-2-25 with a maximum fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding sixty (60) days, either or both, at the discretion of the judge of the court. (5) A citation will be issued and request for revocation of business license upon the fifth offense. (c) Businesses operating without a current Occupation Tax Certificate will be subject to penalties as imposed under City Code 2-1-19. (c) Public property includes the right-of-way of any road or highway; any federal, state or local government owned body of water or watercourse or the shores or beaches thereof; any publicly owned parks, playground, building, refuge, or conservation or recreation area; any publicly owned residential, commercial, or industrial properties. Signs in the R-O-W ordinance revisions draft (d) Any person who violates this Code shall be punished the same as for littering under Code Section 4-2- 25. (e) Any business Occupation Tax Certificate holder or any person in the employ of the business who violates the provisions of Code Section 4-2-9, may subject the business Occupation Tax Certificate to suspension or revocation as provided for in Code Section 2-1-38. Tier Fee Schedule Offense Penalty 1st Warning 2nd $250 Fee; suspension or revocation of business license if fee is not paid. 3rd $500: suspension or revocation of business license if fee is not paid. 4th Issuance of citation, fine not to exceed $1,000 and imprisonment not to exceed 60 days; suspension or revocation of business license. 5th Issuance of citation, request for revocation of business license. Signs in the R-O-W ordinance revisions draft EXHIBIT A” Sec. 4-2-9. Littering streets, and sidewalks, and publicly owned properties prohibited. (a) It shall be unlawful for any person to place, store, dump, park or broadcast any junk, metal, brickbats, stones, plaster, lumber, trash, garbage, litter, paper or similar rubbish and junk upon any public street, or sidewalk, or public property in Augusta-Richmond County. As used in this Section, "junk" includes without limitation appliances, furniture and other bulk items not considered usual household garbage. The sanitation department is not responsible for collection and/or disposal of such junk, and such junk shall not be collected by the sanitation department, but must be disposed of by the owner of the property on which it is located. (b) It shall be unlawful for any person to place posters, signs or advertisements on any public property. The term litter includes any poster, sign, or advertisement when placed in violation of this Code section and is declared to be a public nuisance, and the officials having jurisdiction of the public property or building, including without limitation law enforcement officers, may remove or direct the removal of the same. Each poster, sign, or advertisement placed in violation of this Code section shall constitute a separate offense. (c) Public property includes the right-of-way of any road or highway; any federal, state or local government owned body of water or watercourse or the shores or beaches thereof; any publicly owned parks, playground, building, refuge, or conservation or recreation area; any publicly owned residential, commercial, or industrial properties. (d) Any person who violates this Code shall be punished under Code Section 4-2-25. (e) Any business Occupation Tax Certificate holder or any person in the employ of the business who violates the provisions of Code Section 4-2-9, may subject the business Occupation Tax Certificate to suspension or revocation as provided for in Code Section 2-1-38. Public Service Committee Meeting 5/29/2018 1:00 PM Litter Ordinance Amendments Department:Planning & Development Presenter:Rob Sherman Caption:Approve amendments to the Augusta, Georgia Code, Title 4, Chapter 2, Article 2, Litter Control, Section 4-2-9 Littering Streets and Sidewalks Prohibited so as to provide regulations prohibiting the placing of posters, signs and advertisements on any public property; and delete the section titled ‘Tiered Fee Schedule’. Background:At the March 21, 2017 Commission meeting, the Administrator presented recommendations for addressing additional code enforcement, property maintenance and cleanups, illegal dumping, and anti-littering efforts. Approval was given to move forward with the efforts. At the August 15, 2017 Commission meeting, amendments to the litter ordinance were approved to prohibit the placing of posters, signs, etc. on the public right-of- way, and the amendments included a tiered fee schedule for violating the ordinance. At the January 30, 2018 Commission meeting the application of the litter ordinance was discussed and it was determined that the ordinance was not functioning the way it was intended. The Planning & Development Department and the Marshal’s Office were directed to review the ordinance and present an amended version to address the concerns. Analysis:The litter ordinance as it was amended to include the tiered fee schedule is not functioning as intended, and is actually complicating the enforcement of the litter ordinance as it applies to posters, signs and advertisements placed in the right-of-way.... The proposed ordinance amendments will streamline the enforcement process. Financial Impact:N/A Alternatives:Do not approve Recommendation:Approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Service Committee Meeting 5/29/2018 1:00 PM Maintenance Facility Lifts - APT Department:Augusta Public Transit Presenter:Sharon Dottery Caption:A motion to approve the purchase of a System for the New Transit Operation and Maintenance Facility from Stertil-Koni. Background:This request is for the authorization to purchase Heavy Duty Lift Equipment, associated parts from Stertil-Koni. The Transit Department is requesting approval to enter into a contract with Stertil-Koni for the purchase of an ECOLIFT – Inground Scissor Lift – ECO60-13 at a cost of $317,632.7, total purchase price not to exceed $317,632.72.The pricing for the lift was awarded through a competitive bid process through the National Association of State Procurement Officers Vehicle Lifts and Garage Equipment (NASPO). Stertil-Koni was one the six (6) national awardees. The bid process was an Invitation for Bid (IFB) initiated and awarded by the State of Washington. Evaluation of the responsive bids was based on identifying the highest percentage discount off MSRP for eight categories of Vehicle Lift products, and six categories for Garage Association Equipment. Provision was also made for additional awards that met Federal Transit Administration (FTA) guideline and Buy America program requirements. This bid is for a two (2) year term with the option to extend the contract three (3) years (36 months), not to exceed five (5) years total. Analysis:Stertil-Koni is the first vehicle lift manufacturer (in the world) to have obtained ISO-9001 certification. The designation 9001 is the highest rating that a company can achieve. All Stertil-Koni products come with an unequivocal commitment to provide spare parts 25 years after termination of production. In other words, after a model is upgraded or discontinued for whatever reason, we commit to provide spare parts availability for 25 years. Stertil-Koni has the highest number of certified products of any lift company in the world. Financial Impact:Funding Source Total Split Federal Local FTA Grant GA-90- X330 $317,632.72 80/20 $254,106.54 $63,526.54 Alternatives:Do not purchase the Lift system. This will delay the continuation of the new facility being built. Recommendation:Approve the contract with Stertil-Konie for the purchase and installation of the Lift System for an amount not to exceed $317,632.72 Funds are Available in the Following Accounts: 54709-1214-54-21160 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Public Service Committee Meeting Commission Chamber - 5/812018 ATTENDAI\CE: Present: Hons. Hardie Davis, Jr., Mayor; Jefferson, Guilfoyle, Sias, Frantom, M. Williams, Davis, Fennoy, D. Williams, Hasan and Smith, members of Augusta Richmond County Commission. PUBLIC SERVICES 1. Motion to approve award of Bid Item Timing, Scoreboard and Display System $109,000. Motions Motion;"-'-- Motion Text Made Byrype Seconded By 18-166, Augusta Aquatic Center ltem to Colorado Time System for Action: Approved Motion to Approve ffi|ifi'rasses $:I,H;|,"" $",il##;:ffi:, passes 4-0. 2. Motion to adopt the Daniel Field Airport General Aviation Commission's Item(DM- GAC) recommendation to terminate the agreement between Augusta, Action: Georgia, acting through the DNL GAC, and WK Dickson, and to authorize the Approved Mayor to execute the appropriate documents to effectuate the termination. Motion Result Motion Result Motions $otion Motion Textrype Motion to Approve ffiffit"asses 4_0. Seconded By Commissioner William Fennoy Made By Commissioner Mary Davis Passes 3.Motion to approve the minutes of the April 24,2018. Motions X:j1"' Motion Text Made By'l'ype Motion to ^ aDDrove.APProve vtotion passes 4-0. Motions f#:" Motion rext Public Services Seconded By Committee held on ltem Action: Approved Motion Result Commissioner Commissioner Mary Davis William Fennoy Passes 4. Consider draft ordinance in association with a request from BreathEasy Item Augusta coalition relative to working to pass a comprehensive smoke-free Action: ordinance for Augusta-Richmond County. Approved Motion to approve holding a work session to discuss the ordinance along with Commissioners Frantomr r ^n ., Uommrsslongr^ ano Jerrerson, tne rr7!rr. UommtsslonerApprove :^- -.;-; William' 'rr'- ' - BreatheEasy Augusta ;^.^-:::' Mary Davis coalition, the interested rennoy business owners, the Administrator's Office and the Marshal's Office. Motion Passes 4-0. 5. Request for a one-Hour waiver of the Noise ordinance at the common June 22,2018/Beats on Broad/Augusta pride 201g. Motions i;J:'" Motion Text Made By seconded By Motion to Aonrove fPProve'rr-- - MotionPasses 4-0. Made By Commissioner Commissioner Marion Williams William Fennoy MotionSeconded BY Resurt Passes Augusta Item Action: Approved Motion Result Passes 6. Motion to approve playground equipment purchase as designated in SPLOST Item VII as part of RFP Item #17-275 for $1,279,041,.24. (Wanen Rd. Park, Henry Action: Brigham Park, McDuffie Wood Park, Gracewood Park, Hickman Park, Dyess Approved Park, Minnick Park, Wood Park, and Hillside Park) Motions X:j1" Morion Text Made By seconded By Motion'IYPe - ----- -'t Result Motion to Approve i|ffi::'rasses f,:ffi":Ji.*' $1ffi#;:ffi:, passes 4-0. www.ausustasa.sov Public Service Committee Meeting 5/29/2018 1:00 PM Minutes Department:Clerk of Commission Presenter: Caption:Motion to approve the minutes of the Public Services Committee held on May 8, 2018. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Page 1 of 25 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND AUGUSTA, GEORGIA CODE SECTIONS 3-5-1 AND 3-5-86 TO ALLOW PERSONAL TRANSPORTATION VEHICLES WITH SPECIFIED SAFETY FEATURES TO BE USED ON CERTAIN STREETS; TO PROVIDE FOR DEFINITIONS; TO PROVIDE FOR SAFETY REQUIREMENTS AND REGISTRATION PROCEDURES FOR PERSONAL TRANSPORTATION VEHICLES TO BE USED ON AUGUSTA STREETS FOR THE PURPOSE OF REDUCING HARMFUL ENVIRONMENTAL EMISSIONS AND SUPPORTING TOURISM; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, Augusta, Georgia Code Section § 3-5-1 provides for definitions of Personal Transportation Vehicles (PTVs), Golf Carts and other terms; and WHEREAS, Augusta, Georgia Code Section § 3-5-86 allows for the travel of PTVs on several streets as specifically authorized by the Augusta, Georgia Commission; and WHEREAS, Augusta, Georgia is the Golf Cart capital of the world and home of the Augusta National Golf course and the Augusta, Georgia Commission seeks to expand the use of such vehicles on specified streets where the speed limit does not exceed 35 miles per hour; and WHEREAS, Augusta, Georgia desires to reduce harmful carbon emissions by encouraging the use of PTVs in certain areas; and WHEREAS, it is the desire of the Commission to set appropriate safety standards for PTVs to be used on specified Augusta streets and to create procedures to for the registration and permitting of PTVs used for such purposes; THE AUGUSTA, GEORGIA COMMISSION ordains as follows: Page 2 of 25 SECTION 1. Augusta, Georgia Code Section § 3-5-1 is hereby deleted in its entirety, as set forth in “Exhibit A” hereto. SECTION 2. In lieu thereof, a new § 3-5-1 is enacted which provides for more definitions and re-orders the definitions, as set forth in “Exhibit B” hereto. SECTION 3. Augusta, Georgia Code Section § 3-5-86 is hereby deleted in its entirety, as set forth in “Exhibit C” hereto. SECTION 4. In lieu thereof, a new § 3-5-86 is enacted which provides, as set forth in “Exhibit D” hereto. SECTION 5. This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 6. All ordinances or parts of ordinance in conflict herewith are hereby repealed. Adopted this _____ day of ____________________, 2013. 1st Reading ____________________ _____________________________ Hardie Davis, Jr. As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Page 3 of 25 Exhibit “A” Sec. 3-5-1. Definitions of words and phrases. (a) The following words and phrases when used in this chapter shall for the purpose of this chapter have the meanings respectively ascribed to them in this section, except when the context otherwise requires. (b) Whenever any words and phrases used in this chapter are not defined herein but are defined in the state laws regulating the operation of vehicles, any such definition therein shall be deemed to apply to such words and phrases used herein, except when the context otherwise requires. (1) Alley. A street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic. (2) Arterial street. Any U.S. or state numbered route, controlled access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways. (3) Authorized emergency vehicle. Such fire department vehicles, Sheriff's Department vehicles, ambulances as are publicly owned, and such other publicly or privately owned vehicles as are designated or authorized by the Sheriff's Department. (4) Bicycle. Every device propelled by human power upon which any person may ride, having two (2) tandem wheels either of which is more than fourteen (14) inches in diameter. (5) Bus. Every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. (6) Business district. The territory contiguous to and including a highway when within any six hundred (600) feet along such roadway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks or office buildings, railroad stations and public buildings which occupy at least three hundred (300) feet of frontage on one (1) side or three hundred (300) feet collectively on both sides of the roadway, provided that such business district is designated and marked as such by the traffic engineer. (7) Crosswalk. a. That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the roadway measured from the curbs or in the absence of curbs, from the edges of the transversable roadway; b. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. Page 4 of 25 (8) Department. The Sheriff's Department of Richmond County acting directly or through its duly authorized officers or agents. (9) Driver. Every person who drives or is in actual physical control of a vehicle. (10) Driver's license. Any license to operate a motor vehicle issued under the laws of this state. (11) Gross weight. The weight of a vehicle without load plus the weight of any load thereon. (12) Highway. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic. (13) House trailer. a. A trailer or semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place (either permanently or temporarily) and is equipped for use as a conveyance on streets or highways; or b. A trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in paragraph (a), but which is used instead permanently or temporarily for the advertising, sales, display or promotion of merchandise or services or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. (14) Intersection. a. The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. b. Where a highway includes two (2) roadways thirty (30) feet or more apart, every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two (2) roadways thirty (30) feet or more apart, every crossing Of two (2) roadways of such highways shall be regarded as a separate intersection. (15) Laned roadway. A roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic. (16) Limited-access highway. Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway. Page 5 of 25 (17) Loading zone. A space reserved for the exclusive use of vehicles during the loading or unloading of passengers or property. (18) Motor vehicle. Every vehicle which is self-propelled, either by internal-combustion engine or by electric power. (19) Motorcycle. Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor. (20) Officer. Every officer of the Richmond County Sheriff’s Department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (21) Official time standard. Whenever certain hours are named herein they shall mean standard time or daylight saving time as may be in current use in Augusta-Richmond County. (22) Official traffic-control devices. All signs, signals, markings and devices not inconsistent with this chapter and the laws of this state placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. (23) Park or parking. The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers. (24) Passenger curb loading zone. A place reserved for the exclusive use of vehicles while receiving or discharging passengers. (25) Pedestrian. Any person afoot. (26) Person. Every natural person, firm, co-partnership, association or corporation. (27) Private road or driveway. Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. (28) Railroad. A carrier of persons or property upon cars operated from stationary rails. (29) Railroad sign or signal. Any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. (30) Railroad train. A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails. Page 6 of 25 (31) Residence district. The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of three hundred (300) feet or more is predominantly residential in nature. (32) Right-of-way. The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other. (33) Road or roadway. That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways, the term roadway as used herein shall refer to any such roadway separately but not to all such roadways collectively. (34) Safety zone. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. (35) Sheriff. The Sheriff of Richmond County, Georgia. (36) Sidewalk. That portion of a street between the curb lines or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians. (37) Stand or standing. The halting of a vehicle whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. (38) Stop. When required, means complete cessation from movement. (39) Stop or stopping. When prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal. (40) Street. The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (41) Through street or road. Every street or road or portion thereof on which vehicular traffic is given preferential right of way, and at the entrances to which vehicular traffic from intersection streets or roads is required by law to yield the right-of-way to vehicles on such through street or road in obedience to a stop sign, yield sign, or other traffic-control device, when such signs or devices are erected as provided in this chapter and the laws of this state. (42) Tractor. Page 7 of 25 a. Truck tractor. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. b. Farm tractor. Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. c. Road tractor. Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. (43) Traffic. Pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel. (44) Traffic-control signal. Any device, whether manually, electrically or mechanically operated, by which traffic is alternatively directed to stop and permitted to proceed. (45) Traffic division. The traffic division of the Richmond County Sheriff’s Department, or in the event a traffic division is not established, then said term whenever used herein shall be deemed to refer to the Sheriff’s Department. (46) Truck. Every motor vehicle designed, used or maintained primarily for the transportation of property. (47) Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. (48) Motorized Cart. Every motor vehicle having no less than three wheels and an unladen weight of 1,300 pounds or less and which cannot operate at more than 20 miles per hour. Page 8 of 25 Exhibit “B” Sec. 3-5-1. Definitions of words and phrases. (a) The following words and phrases when used in this chapter shall for the purpose of this chapter have the meanings respectively ascribed to them in this section, except when the context otherwise requires. (b) Whenever any words and phrases used in this chapter are not defined herein but are defined in the state laws regulating the operation of Personal Transportation (PTVs) and other vehicles, any such definition therein shall be deemed to apply to such words and phrases used herein, except when the context otherwise requires. (1) Alley. A street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic. (2) Arterial street. Any U.S. or state numbered route, controlled access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways. (3) Authorized emergency vehicle. Such Fire Department vehicles, Sheriff's Department vehicles, ambulances as are publicly owned, and such other publicly or privately owned vehicles as are designated or authorized by the Sheriff's Department or the Augusta, Georgia Commission. (4) Bicycle. Every device propelled by human power upon which any person may ride, having two (2) tandem wheels either of which is more than fourteen (14) inches in diameter. (5) Bus. Every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. (6) Business district. The territory contiguous to and including a highway, when within any six hundred (600) feet along such roadway, there are buildings in Page 9 of 25 use for business or industrial purposes, including but not limited to hotels, banks or office buildings, railroad stations and public buildings which occupy at least three hundred (300) feet of frontage on one (1) side or three hundred (300) feet collectively on both sides of the roadway, provided that such business district is designated and marked as such by the traffic engineer. (7) Commercial PTV Operator. A business or other entity providing transportation services to the public using PTVs. (8) Crosswalk. (i) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the roadway measured from the curbs or in the absence of curbs, from the edges of the traversable roadway; (ii) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. (9) Driver or Operator. Every person who drives or is in actual physical control of a vehicle. (10) Driver's license. Any license to operate a motor vehicle issued under the laws of this state. (11) Employer PTV Operator. A business or other entity having an office or business in an area designated for PTV use that provides transportation services for its employees using PTVs. (12) “Golf cart” a/k/a “golf car”. A vehicle whose designed purpose and exclusive use is to convey a person or persons and equipment to play the game of golf in an area designated as a golf course. To qualify as a golf car the vehicle’s average speed shall be less than (24 km/h) 15 MPH on a horizontally level surface, 0.5% grade (0.3 degrees) comprised of a straight course composed of a concrete or asphalt surface that is dry and free from loose material or surface contamination with a minimum coefficient of friction of 0.8 between tire and surface. Page 10 of 25 (13) Gross weight. The weight of a vehicle without load plus the weight of any load thereon. (14) Highway or street. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic. (15) House trailer. (i) A trailer or semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place (either permanently or temporarily) and is equipped for use as a conveyance on streets or highways; or (ii) A trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in paragraph (a), but which is used instead permanently or temporarily for the advertising, sales, display or promotion of merchandise or services or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. (16) Intersection. (i) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. (ii) Where a highway includes two (2) roadways thirty (30) feet or more apart, every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two (2) roadways thirty (30) feet or more apart, every crossing of two (2) roadways of such highways shall be regarded as a separate intersection. (17) Laned roadway. A roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic. Page 11 of 25 (18) Light Transportation Vehicle. The following motor vehicles comprise the classification of Light Transportation Vehicle: Motorized Carts, Personal Transportation Vehicles; Light Utility Vehicles; and Low Speed Vehicles. (19) Light Utility Vehicle. A Light Utility Vehicle is any self-propelled, operator-controlled, off-road vehicle 72 inches or less in overall width, exclusive of added accessories and attachments, operable on three or more wheels, primarily intended to transport material loads or people, with a gross vehicle weight of 5,500 pounds or less, and a maximum average speed less than 25 miles per hour. (20) Limited-access highway. Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway. (21) Loading zone. A space reserved for the exclusive use of vehicles during the loading or unloading of passengers or property. (22) Low Speed Vehicle. A low-speed vehicle (LSV) is any four-wheeled electric vehicle whose top speed attainable in one mile is greater than 20 miles per hour but not greater than 25 miles per hour on a paved level surface. (23) Motorized Cart. “Motorized Cart” is the term formerly used for “Personal Transportation Vehicle” or “PTV”. Whenever the term “Motorized Cart” appears in this Code it shall be construed to mean a PTV. (24) Motor vehicle. Every vehicle which is self-propelled, either by internal- combustion engine or by electric power. (25) Motorcycle. Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor. (26) Multipurpose off-highway vehicle. A vehicle having features specifically intended for utility use and having the following characteristics: Page 12 of 25 (i) intended to transport persons and/or cargo, with a top speed in excess of 25 mph (40.2 km/h) but not more than 50 mph (80.4 km/h) (ii) 2030 mm (80 in) or less in overall width (iii) designed to travel on four or more wheels (iv) using a steering wheel for steering control (v) with a non-straddle seat (vi) with a Gross Vehicle Weight Rating of no more than 1814 kg (4000 lb), and (vii) a minimum cargo capacity of 159 kg (350 lb). Width shall be exclusive of accessories and attachments. (27) Officer. Every officer of the Richmond County Sheriff’s Department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (28) Official time standard. Whenever certain hours are named herein they shall mean standard time or daylight saving time as may be in current use in Augusta, Georgia. (29) Official traffic-control devices. All signs, signals, markings and devices not inconsistent with this chapter and the laws of this state placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. (30) Park or parking. The standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers. (31) Passenger curb loading zone. A place reserved for the exclusive use of vehicles while receiving or discharging passengers. Page 13 of 25 (32) Pedestrian. Any person afoot. (33) Person. Every natural person, firm, co-partnership, association or corporation. (34) Personal Transportation Vehicle. Personal transportation vehicle" or “PTV” means any motor vehicle: (i) With a minimum of four wheels; (ii) Capable of a maximum level ground speed of less than 20 miles per hour; (iii) With a maximum gross vehicle unladen or empty weight of 1,375 pounds; and (iv) Capable of transporting not more than eight persons. The term does not include mobility aids, including power wheelchairs and scooters, that can be used indoors and outdoors for the express purpose of enabling mobility for a person with a disability. The term also does not include ATVs or multipurpose off highway vehicles. (35) Private road or driveway. Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. (36) Railroad. A carrier of persons or property upon cars operated from stationary rails. (37) Railroad sign or signal. Any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. (38) Railroad train. A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails. Page 14 of 25 (39) Residence district. The territory contiguous to and including a highway, not comprising a business district when the property on such highway for a distance of three hundred (300) feet or more, is predominantly residential in nature. (40) Right-of-way. The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other. (41) Road or roadway. That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways, the term roadway as used herein shall refer to any such roadway separately but not to all such roadways collectively. (42) Safety zone. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. (43) Sheriff. The Sheriff of Richmond County, Georgia. (44) Sidewalk. That portion of a street between the curb lines or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians. (45) Stand or standing. The halting of a vehicle whether occupied or not, other than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. (46) Stop. When required, means complete cessation from movement. (47) Stop or stopping. When prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal. Page 15 of 25 (48) Street. The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (49) Through street or road. Every street or road or portion thereof on which vehicular traffic is given preferential right of way, and at the entrances to which vehicular traffic from intersection streets or roads is required by law to yield the right-of-way to vehicles on such through street or road in obedience to a stop sign, yield sign, or other traffic-control device, when such signs or devices are erected as provided in this Code and the laws of this state. (50) Tractor. (i) Truck tractor. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (ii) Farm tractor. Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. (iii) Road tractor. Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. (51) Traffic. Pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel. (52) Traffic-control signal. Any device, whether manually, electrically or mechanically operated, by which traffic is alternatively directed to stop and permitted to proceed. (53) Traffic division. The traffic division of the Richmond County Sheriff’s Department, or in the event a traffic division is not established, then said term whenever used herein shall be deemed to refer to the Sheriff’s Department. (54) Truck. Every motor vehicle designed, used or maintained primarily for the transportation of property. Page 16 of 25 (55) Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. Page 17 of 25 Exhibit “C” Sec. 3-5-86 Operating a motorized cart on a public street, road or highway (a) No person shall operate any motorized cart upon a street, road, or public highway in Augusta-Richmond County, except as specifically provided herein. Further, no person shall operate any motorized cart on private property without the permission of the owner of such private property. (b) Pursuant to O.C.G.A. § 40-6-331, the following public streets and portions thereof are hereby designated for the combined use of motorized carts and regular vehicular traffic, upon the conditions hereinafter set forth: (1) J. Dewey Gray Circle, Wainbrook, Devore Place, and that section of Interstate Parkway lying between the intersection of Wainbrook and Devore Place, are hereby designated for the combined use of motorized carts and regular vehicular traffic herein; and (2) All that portion of Tenth Street located between Broad Street and the Savannah River, provided that such use may occur only on the “First Friday” of each month, between the hours of 5:00pm and 8:00pm, or at such other time(s) authorized by the Mayor of Augusta. (3) All that portion of Heath Drive beginning at the 300 block of Berckmans Road leading to the 400 block of Berckmans Road; All that portion Cherry Lane from the 300 block of Berckmans Road to the 300 block of Heath Drive; All that portion of Hemlock Hill Road from 300 block of Heath Drive to 2000 Block of Cherry Land; All that portion of Hillside Land from the 300 block of Berkman’s Road to the dead end. All that portion of Stanley Drive from 300 block of Heath Drive to 2700 block of Washington Road. (4) All that portion of Pine Needle Road from its intersection with Buena Vista and Cardinal Drive, and continuing west to the Forest Hills Golf Course entrance, during daylight hours between dawn and dusk. Page 18 of 25 (c) Appropriate signs giving notice of the combined use of motorized carts and regular vehicular traffic shall be poster on said roads as directed by the Traffic Engineer. (d) No motorized carts shall operate on said streets except between the hours of 30 minutes following sunrise and 30 minutes prior to sunset, except as otherwise provided herein. (e) All motorized carts shall be equipped with headlights, brake lights, a yellow caution light mounted on top of such motorized cart, and a caution sign. (f) All such motorized carts shall be registered with the Richmond County Sheriff’s Office for a fee of Fifteen Dollars ($15.00) with the license for the same to remain permanently with such cart unless such cart is sold, at which time the license shall be destroyed. (g) All motorized carts shall obey all rules of the road governing vehicular traffic on said public roads. Page 19 of 25 Exhibit “D” Sec. 3-5-86 Operating a Personal Transportation Vehicle on a public street, road or highway (a) The definitions contained in Section 3-5-1 of the AUGUSTA, GA. CODE shall be applicable to this Section. (b) All requests made to have additional roads designated for PTV use shall be directed to the Augusta, Georgia Traffic Engineer, but must be approved by the Augusta, Georgia Commission. (c) As required by O.C.G.A. § 40-6-331(c), Augusta, Georgia shall erect signs (having dimensions of at least 24 by 30 inches) on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the consolidated government of Augusta. Georgia. Such signs shall warn approaching motorists that PTVs are authorized for use on public streets. (d) Maps that clearly indicate locations of areas designated for PTV use should be posted on Augusta, Georgia’s web site [http://www.augustaga.gov] and be made available in printed form. (e) No person shall operate any Personal Transportation Vehicle (PTV) upon a street, road, or public highway in Augusta, Georgia, except as specifically provided herein. Further, no person shall operate any PTV on private property without the permission of the owner of such private property. (f) Pursuant to O.C.G.A. § 40-6-331, the following public streets and portions thereof are hereby designated for the combined use of PTVs and regular vehicular traffic, upon the conditions hereinafter set forth: (1) J. Dewey Gray Circle, Wainbrook, Devore Place, and that section of Interstate Parkway lying between the intersection of Wainbrook and Devore Page 20 of 25 Place, are hereby designated for the combined use of PTVs and regular vehicular traffic herein; and (2) All that portion of Heath Drive beginning at Wicklow Drive leading to Berckmans Road; and (3) All that portion of Pine Needle Road from its intersection with Buena Vista and Cardinal Drive, and continuing west to the Forest Hills Golf Course entrance, during daylight hours between dawn and dusk; and (4) Except as excluded below, all streets within the geographic area of downtown Augusta, Georgia (Downtown Area) described as having a northern boundary of the Georgia/South Carolina state line, a western boundary of 15th Street, a southern boundary of Laney Walker Blvd, and an eastern boundary of East Boundary Street. (5) Downtown Area Exclusions: (i) PTVs shall not be used on the following entire streets within the Downtown Area: John C. Calhoun Expressway, 15th Street, St. Sebastian Way, 13th Street, R.A. Dent, Walton Way, Laney Walker Blvd, Gordon Highway, and East Boundary Street. (ii) PTVs shall not be used on portions of the following streets within the Downtown Area: Reynolds Street between 15th Street and 13th Street, and Jones Street between 15th Street and 13th Street. (iii) The Augusta, Georgia Director of Engineering (or his designee) shall have the authority to designate specific locations for PTVs to cross streets that are not designated for PTV use. (g) No PTVs (except for Commercial and Employer operated PTVs) shall operate on said streets except between the hours of 30 minutes following sunrise and 30 minutes prior to sunset. Commercial and Employer PTVs shall not be operated on Page 21 of 25 said streets from midnight to 6:00 a.m., but may be operated on such streets at all other times. (h) All PTVs shall be equipped with: (1) A braking system sufficient for the weight and passenger capacity of the vehicle, including a parking brake; (2) A reverse warning device functional at all times when the directional control is in the reverse position; (3) A main power switch. When the switch is in the 'off' position, or the key or other device that activates the switch is removed, the motive power circuit shall be inoperative. If the switch uses a key, it shall be removable only in the 'off' position; (4) Head lamps; (5) Reflex reflectors (6) Tail lamps; (7) A horn; (8) A rearview mirror; (9) Safety warning labels; (10) Hip restraints and hand holds or a combination thereof; (11) Brake lights (12) High-mount strobe light for increased visibility (i) In addition to the requirements above, all Commercial PTVs must have four- wheel disk brakes, be uniquely keyed or have a “lockout” key switch (requires code to be entered on keypad for security before vehicle will operate), be equipped with United States Department of Transportation approved tires and be marked in a Page 22 of 25 conspicuous manner with the name of the company or organization operating the Commercial PTV. (j) Minimum Licensing and Insurance Coverage Requirements. (1) All PTV drivers must have a driver’s license. (2) Commercial PTV operators must have at least $200,000 of liability insurance coverage. (3) Employer PTV operators must have at least $100,000 of liability insurance coverage. (4) All other PTVs must have liability insurance coverage in at least the same amount as would be required for a full sized motor vehicle in Georgia. (k) Limitations and Safety Criteria for all PTVs. PTV operation on designated public roads of Augusta, Georgia shall be in accordance with the following limitations: (1) No person shall operate a PTV on a public road of Augusta, Georgia unless that road is designated for PTV operation and is posted with the required sign(s). (2) No PTV shall be driven across any road at an intersection where the road being crossed has a posted speed limit of more than thirty-five (35) miles per hour. (3) The maximum occupancy of a PTV traveling on roads will be one person per designated seat. (4) The use or consumption of alcoholic beverages or other mind altering substances while operating or occupying a PTV on public roads is prohibited. Page 23 of 25 (5) Every person operating a PTV on a public roadway has the rights and duties applicable to the driver or operator of any other vehicle under the provisions of Chapters 58 and 69 of Title 40 of the Official Code of Georgia, as applicable. (6) No PTV may be operated at a rate of speed greater than reasonable or proper under all surrounding circumstances, but in no event at a speed greater than 20 miles per hour unless the vehicle is a low speed vehicle complying with Federal Motor Vehicle Safety Standards (FMVSS) 500 in which case it may not be operated at a speed greater than 25 miles per hour. (l) Registration, Proof of Insurance and Permit Process. (1) All PTVs shall be registered with the Augusta, Georgia Planning and Development Department and PTV owners must obtain a permit to operate a PTV on any street designated for PTV use. A fee of $15.00 is required to register a PTV and obtain a permit. PTV owners must complete the permit registration form provided for the foregoing purpose. A granted permit will be valid for not less than a period of five (5) years. A permit may be revoked for a violation of any provision of this ordinance. The Planning and Development Department will issue visible proof of compliance, (certification decal), that must be attached to the driver's side of the PTV. The certification decal shall remain permanently with the vehicle unless the vehicle is sold or the decal is destroyed. The completed forms will be maintained by the Planning and Development Department. (2) An education and information package describing the requirements of the Augusta, Georgia PTV transportation program shall to be distributed with the PTV registration decal. (3) A PTV shall be insured as required by Georgia’s motor vehicle insurance law, and the operator must carry proof of insurance when operating the PTV. (g) Enforcement of PTV transportation plan; Sanctions. Page 24 of 25 Any act constituting a violation of this Ordinance or a failure to comply with any of its requirements shall subject the offender to a civil penalty of up to one thousand dollars ($1,000.00) and/or sixty (60) days in jail. Additionally, offenders may have their permit to operate a PTV revoked. (h) Exceptions. The geographic limitations set forth herein shall not apply to PTVs being operated as follows: (1) To cross a road from one portion of a golf course to another portion thereof or to another adjacent golf course; or to travel between a person's home and golf course if (i) the trip would not be longer than one mile in either direction; (ii) the speed limit on the road is no more than twenty-five (25) miles per hour; and (iii) the route does not cross a road that has a speed limit of more than 35 miles per hour. (2) To the extent necessary for Augusta, Georgia employees and Augusta, Georgia contractors to fulfill a governmental purpose, or as otherwise authorized by Augusta, Georgia, provided the PTV is not operated on a public road of Augusta, Georgia with a posted speed limit over 35 miles per hour; (3) As necessary by employees of public or private institutions of higher education if operating on roads within the property limits of such institutions, provided the PTV is being operated on roads with speed limits of twenty-five (25) miles per hour or less. (i) Governmental Operations. Augusta, Georgia is permitted to operate Augusta, Georgia owned PTVs for the purposes of government maintenance, traffic enforcement or other government business, on Augusta, Georgia streets as well as private property. Generally, these PTVs shall be equipped with flashing yellow warning lights to the front and rear or Page 25 of 25 a yellow flashing light on top. Augusta, Georgia and other governmental agencies shall be exempt from the permit requirements contained in this ordinance. (j) Conflict with State Law To the extent that there is any conflict between this Code and any federal law or Georgia law, the federal or Georgia law shall prevail. (k) No Assumption of Liability. Nothing in this section shall be construed as an assumption of liability by Augusta, Georgia for any injuries or death to persons or property damage in connection with, including, but not limited to: 1) the operation of a PTV; 2) the grant of an PTV permit; or 3) the failure by Augusta, Georgia to revoke a PTV permit. (l) Effective Date. This Ordinance shall become effective ____________. Page 1 of 20 Exhibit “B” Sec. 3-5-1. Definitions of words and phrases. (a) The following words and phrases when used in this chapter shall for the purpose of this chapter have the meanings respectively ascribed to them in this section, except when the context otherwise requires. (b) Whenever any words and phrases used in this chapter are not defined herein but are defined in the state laws regulating the operation of Personal Transportation (PTVs) and other vehicles, any such definition therein shall be deemed to apply to such words and phrases used herein, except when the context otherwise requires. (1) Alley. A street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic. (2) Arterial street. Any U.S. or state numbered route, controlled access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways. (3) Authorized emergency vehicle. Such fFire dDepartment vehicles, Sheriff's Department vehicles, ambulances as are publicly owned, and such other publicly or privately owned vehicles as are designated or authorized by the Sheriff's Department or the Augusta, Georgia Commission. (4) Bicycle. Every device propelled by human power upon which any person may ride, having two (2) tandem wheels either of which is more than fourteen (14) inches in diameter. (5) Bus. Every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. (6) Business district. The territory contiguous to and including a highway, when within any six hundred (600) feet along such roadway, there are buildings in Page 2 of 20 use for business or industrial purposes, including but not limited to hotels, banks or office buildings, railroad stations and public buildings which occupy at least three hundred (300) feet of frontage on one (1) side or three hundred (300) feet collectively on both sides of the roadway, provided that such business district is designated and marked as such by the traffic engineer. (6)(7) Commercial PTV Operator. A business or other entity providing transportation services to the public using PTVs. (7)(8) Crosswalk. (i) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the roadway measured from the curbs or in the absence of curbs, from the edges of the traversable roadway; (ii) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. Department. The Sheriff's Department of Richmond County acting directly or through its duly authorized officers or agents. (8)(9) Driver or Operator. Every person who drives or is in actual physical control of a vehicle. (9)(10) Driver's license. Any license to operate a motor vehicle issued under the laws of this state. (11) Employer PTV Operator. A business or other entity having an office or business in an area designated for PTV use that provides transportation services for its employees using PTVs. (10)(12) “Golf cart” a/k/a “golf cart”. A vehicle whose designed purpose and exclusive use is to convey a person or persons and equipment to play the game of golf in an area designated as a golf course. To qualify as a golf car the vehicle’s average speed shall be less than (24 km/h) 15 MPH on a horizontally level surface, 0.5% grade (0.3 degrees) comprised of a straight course composed of a concrete or asphalt surface that is dry and free from loose Page 3 of 20 material or surface contamination with a minimum coefficient of friction of 0.8 between tire and surface. (11)(13) Gross weight. The weight of a vehicle without load plus the weight of any load thereon. (12)(14) Highway or street. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic. (13)(15) House trailer. (i) A trailer or semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place (either permanently or temporarily) and is equipped for use as a conveyance on streets or highways; or (ii) A trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in paragraph (a), but which is used instead permanently or temporarily for the advertising, sales, display or promotion of merchandise or services or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. (14)(16) Intersection. (i) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. (ii) Where a highway includes two (2) roadways thirty (30) feet or more apart, every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two (2) roadways thirty (30) feet or more apart, every crossing Oof two (2) roadways of such highways shall be regarded as a separate intersection. Page 4 of 20 (15)(17) Laned roadway. A roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic. (16)(18) Light Transportation Vehicle. The following motor vehicles comprise the classification of Light Transportation Vehicle: Motorized Carts, Personal Transportation Vehicles; Light Utility Vehicles; and Low Speed Vehicles. (17)(19) Light Utility Vehicle. A Light Utility Vehicle is any self-propelled, operator-controlled, off-road vehicle 72 inches or less in overall width, exclusive of added accessories and attachments, operable on three or more wheels, primarily intended to transport material loads or people, with a gross vehicle weight of 5,500 pounds or less, and a maximum average speed less than 25 miles per hour. (18)(20) Limited-access highway. Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway. (19)(21) Loading zone. A space reserved for the exclusive use of vehicles during the loading or unloading of passengers or property. (20)(22) Low Speed Vehicle. A low-speed vehicle (LSV) is any four-wheeled electric vehicle whose top speed attainable in one mile is greater than 20 miles per hour but not greater than 25 miles per hour on a paved level surface. and which is except as specifically provided herein. Further, no person shall operate any LTV on private property without the permission of the owner of such private property. (21)(23) Motorized Cart. “Motorized Cart” is the term formerly used for “Personal Transportation Vehicle” or “PTV”. Whenever the term “Motorized Cart” appears in this Codeordinance it shall be construed to mean a PTV. (22)(24) Motor vehicle. Every vehicle which is self-propelled, either by internal- combustion engine or by electric power. Page 5 of 20 (23)(25) Motorcycle. Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor. (24)(26) Multipurpose off-highway vehicle. A vehicle having features specifically intended for utility use and having the following characteristics: (i) intended to transport persons and/or cargo, with a top speed in excess of 25 mph (40.2 km/h) but not more than 50 mph (80.4 km/h) (ii) 2030 mm (80 in) or less in overall width (iii) designed to travel on four or more wheels (iv) using a steering wheel for steering control (v) with a non-straddle seat (vi) with a Gross Vehicle Weight Rating of no more than 1814 kg (4000 lb), and (vii) a minimum cargo capacity of 159 kg (350 lb). Width shall be exclusive of accessories and attachments. (25)(27) Officer. Every officer of the Richmond County Sheriff’s Department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (26)(28) Official time standard. Whenever certain hours are named herein they shall mean standard time or daylight saving time as may be in current use in Augusta, Georgia-Richmond County. (27)(29) Official traffic-control devices. All signs, signals, markings and devices not inconsistent with this chapter and the laws of this state placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. Page 6 of 20 (28)(30) Park or parking. The standing of a vehicle, whether occupied or not, other thanwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers. (29)(31) Passenger curb loading zone. A place reserved for the exclusive use of vehicles while receiving or discharging passengers. (30)(32) Pedestrian. Any person afoot. (31)(33) Person. Every natural person, firm, co-partnership, association or corporation. (32)(34) Personal Transportation Vehicle. Personal transportation vehicle" or “PTV” means any motor vehicle: (i) a. With a minimum of four wheels; (ii) b. Capable of a maximum level ground speed of less than 20 miles per hour; (iii) c. With a maximum gross vehicle unladen or empty weight of 1,375 pounds; and (iv) d. Capable of transporting not more than eight persons. The term does not include mobility aids, including power wheelchairs and scooters, that can be used indoors and outdoors for the express purpose of enabling mobility for a person with a disability. The term also does not include ATVs or multipurpose off highway vehicles. (33)(35) Private road or driveway. Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. (34)(36) Railroad. A carrier of persons or property upon cars operated from stationary rails. Page 7 of 20 (35)(37) Railroad sign or signal. Any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. (36)(38) Railroad train. A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails. (37)(39) Residence district. The territory contiguous to and including a highway, not comprising a business district when the property on such highway for a distance of three hundred (300) feet or more, is predominantly residential in nature. (38)(40) Right-of-way. The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other. (39)(41) Road or roadway. That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways, the term roadway as used herein shall refer to any such roadway separately but not to all such roadways collectively. (40)(42) Safety zone. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. (41)(43) Sheriff. The Sheriff of Richmond County, Georgia. (42)(44) Sidewalk. That portion of a street between the curb lines or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians. (43)(45) Stand or standing. The halting of a vehicle whether occupied or not, other wise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. (44)(46) Stop. When required, means complete cessation from movement. Page 8 of 20 (45)(47) Stop or stopping. When prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal. (46)(48) Street. The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (49) Through street or road. Every street or road or portion thereof on which vehicular traffic is given preferential right of way, and at the entrances to which vehicular traffic from intersection streets or roads is required by law to yield the right-of-way to vehicles on such through street or road in obedience to a stop sign, yield sign, or other traffic-control device, when such signs or devices are erected as provided in this chapterCode and the laws of this state. (47) (48)(50) Tractor. (i) Truck tractor. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (ii) Farm tractor. Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. (iii) Road tractor. Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. (49)(51) Traffic. Pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel. (50)(52) Traffic-control signal. Any device, whether manually, electrically or mechanically operated, by which traffic is alternatively directed to stop and permitted to proceed. Page 9 of 20 (51)(53) Traffic division. The traffic division of the Richmond County Sheriff’s Department, or in the event a traffic division is not established, then said term whenever used herein shall be deemed to refer to the Sheriff’s Department. (52)(54) Truck. Every motor vehicle designed, used or maintained primarily for the transportation of property. (53)(55) Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. Page 10 of 20 Exhibit “D” Sec. 3-5-86 Operating a Personal Transportation Vehicle motorized cart on a public street, road or highway (a) (a) (a) The definitions contained in Section 3-5-1 of the AUGUSTA, GA. CODE shall be applicable to this Section. (b) All requests made to have additional roads designated for PTV use shall be directed to the Augusta, Georgia Traffic Engineer, but must be approved by the Augusta, Georgia Commission. (c) As required by O.C.G.A. § 40-6-331(c), Augusta, Georgia shall erect signs (having dimensions of at least 24 by 30 inches) on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the consolidated government of Augusta. Georgia. Such signs shall warn approaching motorists that PTVs are authorized for use on public streets. (d) Maps that clearly indicate locations of areas designated for PTV use should be posted on Augusta, Georgia’s web site [http://www.augustaga.gov] and be made available in printed form. (a)(e) No person shall operate any motorized cart Personal Transportation Vehicle (PTV) upon a street, road, or public highway in Augusta, Georgia-Richmond County, except as specifically provided herein. Further, no person shall operate any motorized cartPTV on private property without the permission of the owner of such private property. (b)(f) (b) Pursuant to O.C.G.A. § 40-6-331, the following public streets and portions thereof are hereby designated for the combined use of motorized cartPTVs and regular vehicular traffic, upon the conditions hereinafter set forth: (1) J. Dewey Gray Circle, Wainbrook, Devore Place, and that section of Interstate Parkway lying between the intersection of Wainbrook and Devore Page 11 of 20 Place, are hereby designated for the combined use of motorized cartPTVs and regular vehicular traffic herein; and (2) All that portion of Tenth Street located between Broad Street and the Savannah River, provided that such use may occur only on the “First Friday” of each month, between the hours of 5:00pm and 8:00pm, or at such other time(s) authorized by the Mayor of Augusta. (32) All that portion of Heath Drive beginning at Wicklow Drive the 300 block of Berckmans Road leading to the 400 block of Berckmans Road; All that portion Cherry Lane from the 300 block of Berckmans Road to the 300 block of Heath Drive; All that portion of Hemlock Hill Road from 300 block of Heath Drive to 2000 Block of Cherry Land; All that portion of Hillside Land from the 300 block of Berkman’s Road to the dead end. All that portion of Stanley Drive from 300 block of Heath Drive to 2700 block of Washington Road.and (43) All that portion of Pine Needle Road from its intersection with Buena Vista and Cardinal Drive, and continuing west to the Forest Hills Golf Course entrance, during daylight hours between dawn and dusk.; and (4) Except as excluded below, all streets within the geographic area of downtown Augusta, Georgia (Downtown Area) described as having a northern boundary of the Georgia/South Carolina state line, a western boundary of 15th Street, a southern boundary of Laney Walker Blvd, and an eastern boundary of East Boundary Street. (5) Downtown Area Exclusions: (i) PTVs shall not be used on the following entire streets within the Downtown Area: John C. Calhoun Expressway, 15th Street, St. Sebastian Way, 13th Street, R.A. Dent, Walton Way, Laney Walker Blvd, Gordon Highway, and East Boundary Street. Page 12 of 20 (ii) PTVs shall not be used on portions of the following streets within the Downtown Area: Reynolds Street between 15th Street and 13th Street, and Jones Street between 15th Street and 13th Street. (iii) The Augusta, Georgia Director of Engineering (or his designee) shall have the authority to designate specific locations for PTVs to cross streets that are not designated for PTV use. (c) Appropriate signs giving notice of the combined use of motorized carts and regular vehicular traffic shall be poster on said roads as directed by the Traffic Engineer. (d) (e)(g) (d) No motorized cartPTVs (except for Commercial and Employer operated PTVs) shall operate on said streets except between the hours of 30 minutes following sunrise and 30 minutes prior to sunset, except as otherwise provided herein. Commercial and Employer PTVs shall not be operated on said streets from midnight to 6:00 a.m., but may be operated on such streets at all other times. (h) (e) All motorized cartPTVs shall be equipped with headlights, brake lights, a yellow caution light mounted on top of such motorized cart, and a caution sign.: (1) A braking system sufficient for the weight and passenger capacity of the vehicle, including a parking brake; (2) A reverse warning device functional at all times when the directional control is in the reverse position; (3) A main power switch. When the switch is in the 'off' position, or the key or other device that activates the switch is removed, the motive power circuit shall be inoperative. If the switch uses a key, it shall be removable only in the 'off' position; (4) Head lamps; Reflex reflectors; (5) Reflex reflectors Page 13 of 20 (6) Tail lamps; Turn signals (7) A horn; (8) A rearview mirror; (9) Safety warning labels; (10) Hip restraints and hand holds or a combination thereof; (11) Brake lights (12) High-mount strobe light for increased visibility (10 Brake lights High-mount strobe light for increased visibility Side/rear reflectors Top/windshield (i) In addition to the requirements above, all Commercial PTVs must have four- wheel disk brakes, have be uniquely keyed or have a “lockout” key switch (requires code to be entered on keypad for security before vehicle will operate), be equipped with United States Department of Transportation approved tires and be marked in a conspicuous manner with the name of the company or organization operating the Commercial PTV. (f) All such motorized carts shall be registered with the Richmond County Sheriff’s Office for a fee of Fifteen Dollars ($15.00) with the license for the same to remain Page 14 of 20 permanently with such cart unless such cart is sold, at which time the license shall be destroyed. (g) All motorized carts shall obey all rules of the road governing vehicular traffic on said public roads. Minimum Licensing and Insurance Coverage Requirements. (j) (1) All PTV drivers must have a driver’s license. (2) Commercial PTV operators must have at least $200,000 of liability insurance coverage. (3) Employer PTV operators must have at least $100,000 of liability insurance coverage. (4) All other PTVs must have liability insurance coverage in at least the same amount as would be required for a full sized motor vehicle in Georgia. All Tourism PTV drivers shall have a driver’s license. (1) All Tourism PTV operators shall have at least $200,000 of liability insurance coverage. Sec. 3-5-86 Operating Light Transportation Vehicles including golf carts on public streets, roads or highways. (a) The definitions contained in Section 3-5-1 of the AUGUSTA, GA. CODE shall be applicable to this Section. (b) No person shall operate any Light Transportation Vehicle (LTV) upon a street, road, or public highway in Augusta, Georgia, except as specifically provided herein. Page 15 of 20 Further, no person shall operate any LTV on private property without the permission of the owner of such private property. (c) Designation of public roads of Augusta, Georgia for LTV operation; posting of signs. (1) Pursuant to Section 40-6-331 and 40-6-360 of the Official Code of Georgia, the Augusta, Georgia Commission may authorize by ordinance, the operation of LTVs on designated public roads (Controlled Operating Environments) within the jurisdiction of Augusta, Georgia after (i) considering the speed, volume, and character of motor vehicle traffic using public roads, and (ii) determining that LTV operation on particular roads is compatible with state and local transportation plans and consistent with the state of Georgia’s statewide pedestrian policy. No public road of Augusta, Georgia shall be designated for use by LTVs if LTV operation will impede the safe and efficient flow of motor vehicle traffic, or if the road's posted speed limit is greater than thirty (30) miles per hour, except that use of LTVs on are permitted on the following streets having a speed limit of thirty-five (35) miles per hour: (i) Reynolds Street from 5th Street to 10th Street. (2) All requests made to have additional roads designated for LTV use shall be directed to the Augusta, Georgia Traffic Engineer. (3) As required by O.C.G.A.§ 40-6-331(c), Augusta, Georgia shall erect signs (having dimensions of at least 24 by 30 inches) on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the consolidated government of Augusta. Georgia. Such signs shall warn approaching motorists that motorized carts are authorized for use on public streets. (f) (4) Maps that clearly indicate locations of Controlled Operating Environments should be posted on Augusta, Georgia’s web site [http://www.augustaga.gov] and be distributed or made available in printed form to all known users. Page 16 of 20 (g) (h)(k) (d) Limitations and Safety Criteria for all PTVs. LTVPTV operation on designated public roads of Augusta, Georgia shall be in accordance with the following limitations: (1) No person shall operate a LTVPTV on a public road of Augusta, Georgia unless that road is designated for LTVPTV operation and is posted with the required sign(s). (2) LTVs may only be driven on roads having a speed limit of thirty miles per hour (30 mph) or less, except that LTVs may Citizens may request the addition of specific roads to the map. (32) No LTVPTV shall be driven across any road at an intersection where the road being crossed has a posted speed limit of more than thirty-five (35) miles per hour. (43) The maximum occupancy of a LTVPTV traveling on roads will be one person per designated seat. (54) The use or consumption of alcoholic beverages or other mind altering substances while operating or occupying a LTVPTV on public roads is prohibited. (6) No person shall operate any LTV on any designated public road of Augusta, Georgia unless the person possesses a valid driver's license. (7) LTV operators shall maintain their LTVs in a safe condition and ensure that an unobstructed view to the rear is maintained at all times the LTV is in operation on public roads. Page 17 of 20 (85) Every person operating a LTVPTV on a public roadway has the rights and duties applicable to the driver or operator of any other vehicle under the provisions of Chapters 58 and 69 of Title 40 of the Official Code of Georgia, as applicable. (96) No LTVPTV may be operated at a rate of speed greater than reasonable or proper under all surrounding circumstances, but in no event at a speed greater than 20 miles per hour unless the vehicle is a low speed vehicle complying with Federal Motor Vehicle Safety Standards (FMVSS) 500 in which case it may not be operated at a speed greater than 25 miles per hour. (10) No LTV shall operate on a public roadway except between the hours of 30 minutes following sunrise and 30 minutes prior to sunset, except as otherwise provided herein. (i) (e) Rules of the Road. (j) (k) (1) All LTVs are entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any LTV of the full use of a lane. (l) (m) (2) The operator of a LTV shall not overtake and pass in the same lane occupied by the vehicle being overtaken. (n) (o) (3) No person shall operate a LTV between lanes of traffic or between adjacent lines or rows of vehicles. (p) (q) (4) LTVs shall not be operated two or more abreast in a single lane. (r) (s) (f) Equipment. LTVs shall be equipped at a minimum with what is required under O.C.G.A. § 40-1-1(43.1), i.e., (1) A braking system sufficient for the weight and passenger capacity of the vehicle, including a parking brake; (2) A reverse warning device functional at all times when the directional control is in the reverse position; (3) A main power switch. When the switch is in the 'off' position, or the key or other device that activates the switch is removed, the motive power circuit shall be inoperative. If the switch uses a key, it shall be removable only in the 'off' position; (4) Head lamps; (5) Reflex reflectors; (6) Tail lamps; (7) A horn; (8) A rearview mirror; (9) Safety warning labels; and (10) Hip restraints and hand holds. Page 18 of 20 If the LTV is a Low Speed Vehicle it shall also be manufactured in compliance with those federal motor vehicle safety standards for low-speed vehicles set forth in 49 C.F.R. Section 571.500 and in effect on January 1, 2001 including without limitation the required equipment and performance limit specified in 5(a) of Section 571.500 under the specified test conditions. (t) (u)(l) (g) Registration, Proof of Insurance and Permit Process. (1) All PTVs shall be registered with the Augusta, Georgia Planning and Development Department and PTV owners must obtain a permit to operate a PTV on any street designated for PTV use. A fee of $15.00 is required to register a LTVPTV and obtain a permitfor use on public roads will be charged by the Richmond County Sheriff’s Office to cover the costs of implementing and maintaining this Ordinance. LTVPTV owners must complete the permit registration form provided for the foregoing purpose. A granted permit will be valid for not less than a period up to one of five (15) years. Permits may be renewed annually upon the payment A permit may be revoked for a violation of any provision of this ordinance. The Planning and Development DepartmentSheriff’s Office will issue visible proof of compliance, (certification decal), that must be attached to the driver's side of the LTVPTV. The certification decal shall remain permanently with the vehicle unless the vehicle is sold or the decal is destroyed. The completed forms will be maintained by the Sheriff’s Office Planning and Development Department. Registration shall be denied vehicles capable of seating more than eight persons. (2) An education and information package describing the requirements of the Augusta, Georgia LTVPTV transportation program shall to be distributed with the LTVPTV registration decal. (3) An LTVPTV shall be insured as required by Georgia’s motor vehicle insurance law, and the operator must carry proof of insurance when operating the LTVPTV. (hg) Enforcement of LTVPTV transportation plan; Sanctions. Page 19 of 20 The Augusta, Georgia Commission finds and determines that it shall provide law enforcement for the GCV transportation plan and enforce the rules and regulations of the AUGUSTA, GA, CODE, and the Georgia Motor Vehicles and Traffic Code. Any act constituting a violation of this Ordinance or a failure to comply with any of its requirements shall subject the offender to a civil penalty of up to one thousandthree hundred fifty dollars ($1,03500.00) and/or sixty (60) days in jail. , plus the court costs and attorneys’ fees incurred by Augusta, Georgia. If the offender fails to pay the penalty within ten (10) days of receiving final written notice of a violation, the penalty may be recovered by the Sheriff’s Office in a civil action in the nature of a debt. Additionally, Repeat offenders may have their permit to operate a PTV privileges granted by this Ordinance revoked. (ih) Exceptions. The geographic limitations set forth hereinin subsection (d)(1) and (2) above shall not apply to LTVPTVs being operated as follows: (1) To cross a road from one portion of a golf course to another portion thereof or to another adjacent golf course; or to travel between a person's home and golf course if (i) the trip would not be longer than one mile in either direction; (ii) the speed limit on the road is no more than twenty-five (25) miles per hour; and (iii) the route does not crossing a road at an intersection at crossings or intersections designated for that purpose by Augusta, Georgia where the road that has a posted speed limit of not more than 35 miles per hour. (2) To the extent necessary for Augusta, Georgia employees and Augusta, Georgia contractors to fulfill a governmental purpose, or as otherwise authorized by Augusta, Georgia, provided the LTVPTV is not operated on a public road of Augusta, Georgia with a posted speed limit over thirty-five (35) miles per hour; (3) As necessary by employees of public or private institutions of higher education if operating on roads within the property limits of such institutions, provided the LTVPTV is being operated on roads with speed limits of twenty- five (25) miles per hour or less. Page 20 of 20 (ji). Augusta, Georgia Governmental Operations. Augusta, Georgia is permitted to operate Augusta, Georgia owned LTVPTVs for the purposes of government maintenance, traffic enforcement or other government business, on Augusta, Georgia streets as well as private property. Generally, these LTVPTVs shall be equipped with flashing yellow warning lights to the front and rear or a yellow flashing light on top. Augusta, Georgia and other governmental agencies shall be exempt from the permit requirements contained in this ordinance. k. (j) Conflict with State Law An ordinance adopted under this Section shall not conflict with or duplicate another state law. To the extent that there is any conflict between this Code and any federal law or Georgia law, the federal or Georgia law shall prevail. l.(k) No Assumption of Liability. Nothing in this section shall be construed as an assumption of liability by Augusta, Georgia for any injuries or death to persons or property damage in connection with, including, but not limited to: 1) the operation of a LTVPTV; 2) the grant of an LTVPTV permit; or 3) the failure by Augusta, Georgia to revoke an LTVPTV permit. l.(l) Effective Date. This Ordinance shall become effective ____________. Public Service Committee Meeting 5/29/2018 1:00 PM Motion to Approve Ordinance to Amend the Code to Allowfor the use of Personal Transportation Vehicles on Certain Streets Department:Traffic Engineering Presenter:Commissioner Frantom Caption:Motion to approve an Ordinance to amend Augusta, Georgia Code Sections 3-5-1 and 3-5-86 to allow personal transportation vehicles with specified safety features to be used on certain streets; to provide for definitions; to provide for safety requirements and registration procedures for personal transportation vehicles to be used on Augusta streets for the purpose of reducing harmful environmental emissions and supporting tourism; to repeal all Code sections and ordinances and parts of Code sections and ordinances in conflict herewith; to provide an effective date and for other purposes. Background:Augusta, Georgia Code Section § 3-5-86 allows for the travel of Personal Transportation Vehicles (PTVs) on several streets as specifically authorized by the Augusta, Georgia Commission. There is a need to update the definitions applicable to the use of such vehicles, to establish safety standards and to create registration and permitting process for PTVs. Analysis:Using PTVs on additional specified streets in the downtown area will improve the livability of this area, provide additional tourism opportunities and reduce harmful carbon emissions as such vehicles have a significantly smaller carbon footprint as compared to other vehicles. Appropriate safety standards should be set for PTVs to be used on specified Augusta streets and procedures to for the registration and permitting of PTVs needs to be established. Financial Impact:Financial impact is minimal. Some funds will need to be used to put up appropriate signs designating the areas where PTVs are to be used and to purchase registration decals, permitting forms and other items as required by the Ordinance. Alternatives:Decline to amend the Code at this time. Recommendation:Approve. Funds are Available in the Following Accounts: Traffic Engineering for signs. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Page 1 of 21 Version 5-8-2018 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE, TITLE FOUR, BY ADDING A NEW ARTICLE TO BE DESIGNATED ARTICLE 7 AND NEW SECTIONS TO BE DESIGNATED SECTIONS 4-2-77 THROUGH 4-2-97; TO REPEAL AUGUSTA, GA CODE TITLE FOUR, SECTION 4-2-1; TO RESTRICT SMOKING AND THE USE OF E-CIGARETTES IN PUBLIC PLACES AND IN PLACES OF PUBLIC ACCOMMODATION; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Whereas, secondhand smoke kills approximately 1,500 Georgia citizens every year; and Whereas, 21% of adults in Augusta still exposed to secondhand smoke at work; and Whereas, Richmond County ranks 124 out of 159 Georgia counties in health; and Whereas, according to the Economic Impact Evaluation of the 2010 Savannah Smoke-Free Air Ordinance by the Chronic Disease, Healthy Behavior and Injury Epidemiology Section and the Georgia Tobacco Use Prevention Program of the Georgia Department of Public Health, there was a 94% decrease in indoor air pollution after 1 year and no impact on taxable sales revenue for bars and full-service restaurants after adjusting for time, seasonality, etc; and Whereas, the 2006 U.S. Surgeon General's Report, the Health Consequences of Involuntary Exposure to Tobacco Smoke, has concluded that: (1) secondhand smoke exposure causes disease and premature death in children and adults who do not smoke; (2) children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory problems, ear infections, and asthma attacks, and that smoking by parents causes respiratory symptoms and slows lung growth in their children; (3) exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer; (4) there is no risk-free level of exposure to secondhand smoke; (5) establishing smokefree workplaces is the only effective way to ensure that secondhand smoke exposure does not occur in the workplace, because ventilation and other air cleaning technologies cannot completely control for exposure of nonsmokers to secondhand smoke; and (6) evidence from peer-reviewed studies shows that Page 2 of 21 Version 5-8-2018 smokefree policies and laws do not have an adverse economic impact on the hospitality industry; and Whereas, according to the 2010 U.S. Surgeon General's Report, How Tobacco Smoke Causes Disease, even occasional exposure to secondhand smoke is harmful and low levels of exposure to secondhand tobacco smoke lead to a rapid and sharp increase in dysfunction and inflammation of the lining of the blood vessels, which are implicated in heart attacks and stroke; and Whereas, numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of approximately 53,000 Americans annually; and Whereas, The Public Health Service’s National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen; and Whereas, there is indisputable evidence that implementing 100% smoke-free environments is the only effective way to protect the population from the harmful effects of exposure to secondhand smoke; and Whereas, in reviewing 11 studies concluding that communities see an immediate reduction in heart attack admissions after the implementation of comprehensive smokefree laws, the Institute of Medicine of the National Academies concluded that data consistently demonstrate that secondhand smoke exposure increases the risk of coronary heart disease and heart attacks and that smokefree laws reduce heart attacks, and Whereas, a significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function; and Whereas, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. The Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability; and Page 3 of 21 Version 5-8-2018 Whereas, the U.S. Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking; and Whereas, unregulated high-tech smoking devices, commonly referred to as electronic cigarettes, or “e- cigarettes,” closely resemble and purposefully mimic the act of smoking by having users inhale vaporized liquid nicotine created by heat through an electronic ignition system. After testing a number of electronic cigarettes from two leading manufacturers, the Food and Drug Administration (FDA) determined that various samples tested contained not only nicotine but also detectable levels of known carcinogens and toxic chemicals, including tobacco-specific nitrosamines and diethylene glycol, a toxic chemical used in antifreeze. The FDA’s testing also suggested that “quality control processes used to manufacture these products are inconsistent or non-existent.” According to a more recent study, electronic cigarette emissions are made up of a high concentration of ultrafine particles, and the particle concentration is higher than in conventional tobacco cigarette smoke. Electronic cigarettes produce an aerosol or vapor of undetermined and potentially harmful substances, which may appear similar to the smoke emitted by traditional tobacco products. Their use in workplaces and public places where smoking of traditional tobacco products is prohibited creates concern and confusion and leads to difficulties in enforcing the smoking prohibitions. The World Health Organization (WHO) recommends that electronic smoking devices not be used indoors, especially in smokefree environments, in order to minimize the risk to bystanders of breathing in the aerosol emitted by the devices and to avoid undermining the enforcement of smokefree laws; and Whereas, the Society of Actuaries has determined that secondhand smoke costs the U.S. economy roughly $10 billion a year: $5 billion in estimated medical costs associated with secondhand smoke exposure and $4.6 billion in lost productivity, and Whereas, numerous economic analyses examining restaurant and hotel receipts and controlling for economic variables have shown either no difference or a positive economic impact after enactment of laws requiring workplaces to be smokefree. Creation of smokefree workplaces is sound economic policy and provides the maximum level of employee health and safety; and Page 4 of 21 Version 5-8-2018 Whereas, there is no legal or constitutional “right to smoke.” Business owners have no legal or constitutional right to expose their employees and customers to the toxic chemicals in secondhand smoke. On the contrary, employers have a common law duty to provide their workers with a workplace that is not unreasonably dangerous, and Whereas, smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses; and Whereas, the smoking of tobacco, hookahs, or marijuana and the use of electronic cigarettes are forms of air pollution and constitute both a danger to health and a material public nuisance; and Accordingly, the Augusta, Georgia consolidated government finds and declares that the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in certain public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smokefree air, and to recognize that the need to breathe smokefree air shall have priority over the desire to smoke. THE AUGUSTA, GEORGIA COMMISSION ordains as follows: SECTION 1. AUGUSTA, GA CODE, Title 4, Section 4-2-1 as set forth in the AUGUSTA, GA CODE, re-adopted July 10, 2007, is hereby amended by striking this section in its entirety as set forth in “Exhibit A” hereto. Section 4-2-1 shall be reserved. SECTION 2. AUGUSTA, GA CODE, Title 4, is hereby amended to add new article to be designated Article 7 and new sections to be designated Sections 4-2-77 through 4-2-97 as set forth in “Exhibit B” hereto. SECTION 3. This ordinance shall be effective thirty (30) days from and after the date of its adoption in accordance with applicable laws. SECTION 4. All ordinances, parts of ordinances, policies, and procedures concerning events held on public property in conflict herewith are hereby repealed. Adopted this _____ day of__________, 2018. ___________________________ Hardie Davis, Jr. Page 5 of 21 Version 5-8-2018 As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Seal: Page 6 of 21 Version 5-8-2018 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on_________________, 2018 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: ______________________ First Reading ______________________ Second Reading ______________________ Page 7 of 21 Version 5-8-2018 Exhibit A STRIKE: Sec. 4-2-1. Smoking prohibited in Augusta-Richmond County buildings. (a) Definitions. For purposes of this section, the following definitions shall apply: (1) Public building. Any enclosed building, structure or indoor facility owned, operated, leased or managed by Augusta-Richmond County which is used by or open to the public, including without limitation, public transportation, enclosed areas occupied by Augusta-Richmond County staff, open office areas, shared offices, private offices, hallways, restrooms, escalators, elevators, stairways, lobbies, reception and waiting rooms, classrooms, meeting or conference rooms and auditoriums, on-site cafeterias, lunchrooms, lounges and any facility, school or educational institution being used by Augusta-Richmond County for the purpose of providing classroom instruction. (2) Smoking. Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, weed, plant or other combustible substance in any manner or in any form. (b) No person shall smoke in any public building as defined in this section. (c) Nothing in this section shall be deemed, interpreted, or construed to permit smoking in any public place or area where smoking is prohibited or restricted by other applicable law. (d) No Smoking signs with letters of not less than one (1) inch in height shall be conspicuously posted in every building, structure or facility where smoking is prohibited by this section by the operator, manager or other person having control of such building, structure, facility or other place. (e) If any provision of this section or the application thereof to any person or circumstances are held to be invalid, such invalidity shall not affect other provisions Page 8 of 21 Version 5-8-2018 or applications of this section which can be given effect without the invalid provisions or application, and to this end, the provisions of this ordinance are severable. (f) Any person or persons failing to comply with the lawful provisions hereof or doing any act prohibited hereby or failing to do any act mandated hereby shall be guilty of an offense, and upon trial as a misdemeanor and conviction shall be subject to the penalties provided by section 1-6-1. REPLACE WITH: Sec. 4-2-1. Reserved. Page 9 of 21 Version 5-8-2018 Exhibit B ADD NEW: ARTICLE 7. Smoking prohibitions in public places and places of employment. Sec. 4-2-77. Purpose of Smoking Ordinance. The purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking and e-cigarettes in enclosed public places and enclosed places of employment; and (2) to support the right of nonsmokers to breathe smokefree air, and to recognize that the need to breathe smokefree air shall have priority over the desire to smoke in enclosed public places. Sec. 4-2-78. Definitions. The following words and phrases, whenever used in this Article, shall be construed as defined in this Section: A. “Bar” means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. B. “Business” means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; and private clubs. C. “E-cigarette” means any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other legal substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether Page 10 of 21 Version 5-8-2018 manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or under any other product name or description. D. “Employee” means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a non-profit entity. E. “Employer” means a person, business, partnership, association, corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one or more individual persons. F. “Enclosed Area” Enclosed area means all space between a floor and ceiling that is bounded on all sides by walls, doorways or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. G. “Health Care Facility” means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities. H. “Hookah” means a water pipe and any associated products and devices, which are used to produce fumes, smoke, and/or vapor from the burning of material including, but not limited to, tobacco, shisha, or other plant matter. I. “Hookah Bar” or “Hookah Lounge” means an establishment that derives more than eighty (80) percent of its quarterly gross revenue from the sale of shisha for consumption on the premised by customers and the sale of accessories used for smoking shisha. A hookah lounge does not allow individuals under the age of eighteen (18) to enter the premises, and does not have a permit or Page 11 of 21 Version 5-8-2018 license to sell alcoholic beverages, but may serve food and nonalcoholic beverages for consumption on the premises by customers. J. “Place of Employment” means an area under the control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, construction sites, temporary offices, and vehicles. A private residence is not a “place of employment” unless it is used as a child care, adult day care, or health care facility. K. “Playground” means any park or recreational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds or on Augusta, Georgia owned grounds. L. “Private Club” means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501. M. “Public Event” means an event which is open to and may be attended by the general public, including but not limited to, such events as concerts, fairs, farmers’ markets, festivals, parades, performances, and other exhibitions, regardless of any fee or age requirement. N. “Public building” Any enclosed building, structure or indoor facility owned, operated, leased or managed by Augusta, Georgia which is used by or open to the public, including without limitation, public transportation, enclosed areas Page 12 of 21 Version 5-8-2018 occupied by Augusta, Georgia staff, open office areas, shared offices, private offices, hallways, restrooms, escalators, elevators, stairways, lobbies, reception and waiting rooms, classrooms, meeting or conference rooms and auditoriums, on-site cafeterias, lunchrooms and lounges. O. “Public Place” means an area to which the public is invited or in which the public is permitted, including but not limited to, all public buildings, banks, bars, educational facilities, gaming facilities, health care facilities, hotels and motels, laundromats, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a “public place” unless it is used as a child care, adult day care, or health care facility. P. “Recreational Area” means any public or private area open to the public for recreational purposes, whether or not any fee for admission is charged, including but not limited to, amusement parks, athletic fields, beaches, fairgrounds, gardens, golf courses open to the public, parks, plazas, skate parks, swimming pools, trails, and zoos. Q. “Restaurant” means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term “restaurant” shall include a bar area within the restaurant. R. “Service Line” means an indoor or outdoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including but not limited to, ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting event lines. S. “Shopping Mall” means an enclosed public walkway or hall area that serves to connect retail or professional establishments. Page 13 of 21 Version 5-8-2018 T. “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form. “Smoking” also includes the use of an e-cigarette which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Article. U. “Sports Arena” means a place where people assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events, including sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, and bowling alleys. V. “Reasonable distance” means a minimum of ten (10) feet or a distance that is sufficient to ensure indoor areas remain smoke-free by preventing smoke from infiltrating enclosed public places via any entrance, exit, window, vent, or air intake system of a building where smoking is prohibited, and to protect persons entering or exiting enclosed areas from involuntarily inhaling second- hand smoke. Sec. 4-2-79. Application of Article to Augusta, Georgia Owned Public Buildings, Facilities and Property. All, enclosed areas, including buildings and vehicles owned, leased, or operated by Augusta, Georgia, as well as all outdoor property adjacent to such buildings and under the control of Augusta, Georgia, shall be subject to the provisions of this Article. Sec. 4-2-80. Prohibition of Smoking in Enclosed Public Buildings and Public Places. Page 14 of 21 Version 5-8-2018 Except as otherwise provided, Smoking and e-cigarettes shall be prohibited in all enclosed public places, and within ten (10) feet of such places, within Augusta, Georgia including but not limited to, the following places: A. Aquariums, galleries, libraries, and museums. B. Areas available to the general public in businesses and non-profit entities patronized by the public, including but not limited to, banks, laundromats, professional offices, and retail service establishments. C. Bars. D. Bingo facilities. E. Child care and adult day care facilities. F. Convention facilities. G. Educational facilities, both public and private. H. Elevators. I. Gaming facilities. J. Health care facilities. K. Hotels and motels. L. Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities. M. Parking structures, both enclosed and semi-enclosed. Page 15 of 21 Version 5-8-2018 N. Polling places. O. Public transportation vehicles, including buses and taxicabs, owned by or under the authority of Augusta, Georgia, and ticket, boarding, and waiting areas of public transportation facilities, including bus, train, and airport facilities. P. Restaurants. Q. Restrooms, lobbies, reception areas, hallways, and other common-use areas. R. Retail stores. S. Rooms, chambers, places of meeting or public assembly, under the control of an agency, board, commission, committee or council of Augusta, Georgia, to the extent the place is subject to the jurisdiction of Augusta, Georgia. T. Service lines. U. Shopping malls. V. Sports arenas, including enclosed places in outdoor arenas. W. Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances. Sec. 4-2-81. Prohibition of Smoking in Enclosed Places of Employment. A. Except as otherwise provided in Sec. 4-2-84, smoking and e-cigarettes shall be prohibited in all enclosed areas of places of employment and within ten (10) feet of such places. This includes, without limitation, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. Page 16 of 21 Version 5-8-2018 B. This prohibition on smoking shall be communicated to all existing employees by the effective date of this Article and to all prospective employees upon their application for employment. Sec. 4-2-82. Prohibition of Smoking in Enclosed Residential Facilities. Smoking shall be prohibited in the following enclosed residential facilities and within ten (10) feet of such places: A. All private and semi-private rooms in nursing homes. B. At least 80 percent of hotel and motel rooms that are rented to guests. Sec. 4-2-83. No Prohibition of Smoking in Outdoor Public Places. Smoking and e-cigarettes shall not be prohibited in outdoor places, except within a reasonable distance of not less than 10 feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking and e-cigarettes are prohibited, so as to prevent tobacco smoke or vapor from entering those areas. Sec. 4-2-84. Where Smoking Not Regulated. A. Notwithstanding any other provision of this Article to the contrary, smoking and e-cigarettes shall not be prohibited in private residences, unless used as a childcare, adult day care, or health care facility. B. Except as otherwise provided in this article, smoking and e-cigarettes shall not be prohibited in private vehicles. C. Areas within the geographical confines of Augusta, Georgia wherein the Board of Commissioners of Augusta, Georgia does not have jurisdiction, Page 17 of 21 Version 5-8-2018 including property belonging to the City of Hephzibah, the City of Blythe, the State of Georgia and the federal government. D. Hookah Bars and Lounges in existence as of the date of adoption of this section and which permit waterpipe smoking on the premises as of the date of the adoption of this section. E. Retail Electronic Smoking device stores in existence as of the date of the adoption of this section and which permit electronic device usage as of the date of the adoption of this section. Sec. 4-2-85. Declaration of Establishment or Outdoor Area as Nonsmoking. Notwithstanding any other provision of this Article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking and e-cigarettes shall be prohibited in any place in which a sign conforming to the requirements of Section 4-2-86(A) is posted. Sec. 4-2-86. Posting of Signs and Removal of Ashtrays. The owner, operator, manager, or other person in control of a public place or place of employment where smoking and e-cigarettes are prohibited by this Article should: A. Clearly and conspicuously post “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) in that place. B. Clearly and conspicuously post at every entrance to that place a sign stating that smoking is prohibited. Page 18 of 21 Version 5-8-2018 C. Clearly and conspicuously post on every vehicle that constitutes a place of employment under this Article at least one sign, visible from the exterior of the vehicle, stating that smoking is prohibited. D. Remove all ashtrays from any area where smoking is prohibited by this Article, except for ashtrays displayed for sale and not for use on the premises. Sec. 4-2-87. Nonretaliation; Nonwaiver of Rights. A. No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, customer, or resident of a multiple-unit residential facility because that employee, applicant, customer, or resident exercises any rights afforded by this Article or reports or attempts to prosecute a violation of this Article. Notwithstanding Section 4-2-91, violation of this Subsection shall be a misdemeanor, and upon conviction shall be subject to the penalties provided by section 1-6-1 for each violation. B. An employee who works in a setting where an employer allows smoking and e-cigarettes does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party. Sec. 4-2-88. Enforcement. A. This Article shall be enforced by the Augusta, Georgia Planning and Development Department Director or an authorized designee or any law enforcement officer of the Office of the Sheriff. B. Notice of the provisions of this Article shall be given to all applicants for a business license in Augusta, Georgia. C. Any citizen who desires to register a complaint under this Article may initiate enforcement with the Augusta, Georgia Planning and Development Department or any law enforcement officer of the Office of the Sheriff. Page 19 of 21 Version 5-8-2018 D. The Health Department, Fire Department, or their designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Article. E. An owner, manager, operator, or employee of an area regulated by this Article shall direct a person who is smoking in violation of this Article to extinguish the product being smoked. If the person does not stop smoking, the owner, manager, operator, or employee shall refuse service and shall immediately ask the person to leave the premises. If the person in violation refuses to leave the premises, the owner, manager, operator, or employee shall contact a law enforcement agency. The obligations of an owner, manager, operator, or employee under this sub-section shall only apply where the owner, manager, operator, or employee has knowledge of a smoking violation. F. Notwithstanding any other provision of this Article, an employee or private citizen may bring legal action to enforce this Article. G. In addition to the remedies provided by the provisions of this Section, the Department of Health, the Augusta, Georgia Administrator, the Planning and Development Department Director or any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this Article may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction. Sec. 4-2-89. Violations and Penalties. A. A person who smokes or uses an e-cigarette in an area where smoking and e- cigarettes are prohibited by the provisions of this Article shall be guilty of an infraction, punishable by a fine not exceeding fifty dollars ($50). B. Except as otherwise provided in Section 4-2-89(A), a person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this Article shall be guilty of an infraction, punishable by: Page 20 of 21 Version 5-8-2018 1. A fine not exceeding one hundred dollars ($100) for a first violation. 2. A fine not exceeding two hundred dollars ($200) for a second violation within one (1) year. 3. A fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year. C. In addition to the fines established by this Section, violation of this Article by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred. D. Violation of this Article is hereby declared to be a public nuisance, which may be abated by the Planning and Development Department Director by restraining order, preliminary and permanent injunction, or other means provided for by law, and Augusta, Georgia may take action to recover the costs of the nuisance abatement, including attorney’s fees. E. Each day on which a violation of this Article occurs shall be considered a separate and distinct violation. Sec. 4-2-90. Public Education. Department of Health shall engage in a continuing program to explain and clarify the purposes and requirements of this Article to citizens affected by it, and to guide owners, operators, and managers in their compliance with it. The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this ordinance. Sec. 4-2-91. Governmental Agency Cooperation. Page 21 of 21 Version 5-8-2018 The Augusta, Georgia Planning and Development Department Director shall annually request other governmental and educational agencies having facilities within Augusta, Georgia to establish local operating procedures in cooperation and compliance with this Article. This includes urging all Federal, State, Augusta, Georgia, and School District agencies to update their existing smoking control regulations to be consistent with the current health findings regarding secondhand smoke. Sec. 4-2-92. Other Applicable Laws. This Article shall not be interpreted or construed to permit smoking or the use of e- cigarettes where it is otherwise restricted by other applicable laws. Sec. 4-2-93. Liberal Construction. This Article shall be liberally construed so as to further its purposes. Sec. 4-2-94. Severability. If any provision, clause, sentence, or paragraph of this Article or the application thereof to any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are declared to be severable. Public Service Committee Meeting 5/29/2018 1:00 PM Proposed Smoke-free Ordinance Department: Presenter: Caption:Report from the Subcommittee appointed on March 28, 2018 to consider draft Ordinance to Restrict Smoking and the use of E-Cigarettes in public places of public accommodation. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Attachment I: Senior Nutrition Grant Account Analysis January 2017 - December 2017 Congregate Meals: Between January 2017 and December 2017 46,778 meals were served. 2,243 meals were wasted which equals an expense of $9,577.61. The meal waste average is within normal parameters. Meal waste occurs when a participant signs up to receive a meal but then is not able to participate. At Sand Hills Senior Center, the meal waste is above the average (14.4 percent in January 2018). The higher number in meal waste is due to approximately 35 percent of the participants habitually signing up for meals but then not receiving them. This will be addressed through training and/or corrective action. The meal waste resulted in a loss of $26,933.04. Home Delivered Meals: Across the different grant funding sources, 46,839 meals were delivered in 2017. 353 meals were wasted because participants were not at home during delivery. This is an average of 2 meals per week per center and is within normal parameters. The Home Delivered Meals program resulted in revenue of $60,540.27. This revenue has been credited to the Org. keys of Sand Hills, Henry Brigham and Blythe, to help cover the expenses of the program. 220054322- Senior Nutrition Grant Account Anaylsis # of meals Price Sum Cost 2017 CI meal 44,856 4.45 199,609.20 Dec. 2016 submit in 2017 820 4.27 3,501.40 Reimb. report to CSRA 45,676 4.45/4.27 203,110.60 Donation 1,799.52 5% State Fund received 10,068.00 85% Federal Fund received 171,000.00 Private paid meal 1922 4.45 8,550.30 47,598 4.45/4.27 191,417.82 Bateman charges (Meal served)46,778 4.45 208,162.10 (Meal Served in 2016) 820 4.27 - Surcharge 611.15 (Meal waste)2,243 4.27 9,577.61 49,841 4.45/4.27 218,350.86 Diff.(26,933.04) # of meals Price Sum Cost Home delivery meal 16,773 5.75 96,444.75 100% Federal reimb. received 16,773 5.75 96,446.00 Bateman charges 16,773 4.45 74,639.85 Diff. 21,806.15 # of meals Price Sum Cost Home delivery meal 30,847 5.75 177,370.25 100% State reimb. received 30,847 5.75 177,370.00 Bateman charges 30,066 4.45 133,793.70 781 4.27 3,334.87 (Meal waste)353 4.27 1,507.31 30,847 4.45/4.27 138,635.88 Diff. 38,734.12 Revenue 465,233.82 Expenditure 431,626.59 Overpayment/Onesolution 33,607.23 01/01/2017~12/31/2017 Congregate Meal -Federal Title III grant (Federal pass through CSRA) NSI - State Fund 4.45/4.27 45,676 NSI & NSI SSBG (Federal Fund pass through CSRA) Home Delivery- Federal Home Delivery -State II: Home Delivered Meals by Quarter The graph shows the quarterly average of delivered meals between January 2017 and March 2018. While during the first three quarters the average was around 10,780 meals per quarter, we saw a 16 percent increase in the last quarter of 2017 (12,497 meals) and an additional 34 percent increase in the first quarter of 2018. 10,092 11,376 10,872 12,497 16,748 0 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 18,000 First Quarter 2017 Second Quarter 2017 Third Quarter 2017 Fourth Quarter 2017 First Quarter 2018 Home Delivered Meals by Quarter III: Detail overview of the 2017 Senior Nutrition Services First Quarter 2017 Second Quarter 2017 Third Quarter 2017 Fourth Quarter 2017 Budget Year 2017 I Congregate Meals Delivered 10,734 12,018 11,511 12,845 47,108 Served 10,092 11,376 10,872 12,497 44,837 Reimbursed 6,485 15,006 10,872 12,497 44,860 Not Reimbursed 3,607 -3,630 0 0 -23 Total Loss 4,249 -2,988 639 348 2,248 II Home Delivered Meals Delivered 9,936 10,611 11,848 15,557 47,952 Served 9,883 10,588 11,672 15,496 47,639 Reimbursed 6,609 13,822 11,672 15,496 47,599 Not Reimbursed 3,274 -3,234 0 0 40 Total Loss 3,327 -3,211 176 61 353 III Private Pay Meals Delivered 580 577 397 457 2,011 Served 598 501 445 377 1,921 Reimbursed 598 501 445 377 1,921 Total Loss -18 76 -48 80 90 IV Total Meals Delivered 21,250 23,206 23,756 28,859 97,071 Served 20,573 22,465 22,989 28,370 94,397 Reimbursed 13,692 29,329 22,989 28,370 94,380 Not Reimbursed 6,881 -6,864 0 0 17 Total Loss 7,558 -6,123 767 489 2,691 Senior Nutrition Meals Budget Year 2017 - Summary Public Service Committee Meeting 5/29/2018 1:00 PM Senior Nutrition Funding Department:Recreation and Parks Presenter:H. Glenn Parker Caption:Approve a request from the CSRA Regional Commission / Area Agency on Aging for Augusta, Georgia to assist with the funding of the Home Delivered Meal program for the remainder of fiscal year 2018 (ending on June 30, 2018). Background:Augusta, Georgia and the Area Agency on Aging have entered into a cooperative agreement to provide Senior citizens of Augusta, Georgia with nutrition services at 6 Senior Centers and through delivering meals to their homes. The costs of both, the Congregate Meals (CM) at the centers and the Home Delivered Meals (HDM) are covered by the Recreation and Parks Department and then reimbursed by the Area Agency on Aging. For Congregate Meals, Augusta has agreed to a 10 percent grant match. For Fiscal Year 2018, the Area Agency on Aging has allocated $426,664 of grants for both CM and HDM. For HDM, $239,164.00 were budgeted through six federal grants. As of March 2018, the grant funds for the HDM program have been exhausted. To cover the expenses for the HDM program and to continue providing nutrition services through the HDM program, the Area Agency on Aging is asking Augusta, Georgia to provide approximately $70,000.00 through the remainder of the fiscal year. Analysis:The Recreation and Parks Department currently delivers a monthly average of 4,436 meals to 250 Senior residents of Augusta, Georgia who qualify for the nutrition program. While during the first three quarters of 2017 the delivered meals averaged 3,593 meals per month, the fourth quarter of 2017 showed a 16 percent increase to 4,166 meals per month and an additional 34 percent increase to 5,583 meals per month in the first quarter of 2018 - with a peak of 6,111 meals in January 2018. This increase occurred because the Area Agency on Aging had accumulated a waiting list of participants in need of nutrition services and entered those participants from the waiting list into the program during the fourth quarter of 2017 and the first quarter of 2018. When the Area Agency on Aging entered into contract with Bateman / Compass USA, they also agreed to pay a surcharge for the delivery of meals to Senior citizens. In 2017, this voluntary surcharge ($1.30 per delivered meal) was credited to the three Senior Centers providing HDM services and helped cover the center costs for a total of $60,540.27. Both, the increase in delivered meals and the delivery surcharge, were the major contributors to the budgeted funds being exhausted. In previous years, the Area Agency on Aging was able to compensate overspending in one county with forfeit allocations from the other 12 counties. Unfortunately, during the current fiscal year all other counties have been collectively overspending. Both agencies have implemented internal controls to prevent a reoccurrence in the future. Financial Impact:The Recreation and Parks Department estimates the costs for the Home Delivered Meals to be $70,000.00 for the remainder of the fiscal year. Should those funds not be needed as a whole (due to cost saving measures such as enrolment blocks and monitoring of food waste), the remainder of the funds would be returned to the General Fund. Alternatives:1. To approve $70,000.00 in additional funds to cover the costs for the HDM meals through the remainder of the Fiscal Year 2018. 2. To deny the additional funds. Denying the funds will result in the termination of the Home Delivered Meals Program. Recommendation:The Recreation and Parks Department recommends the approval of the funding request. Funds are Available in the Following Accounts: General Fund Contingency REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Service Committee Meeting 5/29/2018 1:00 PM Upcoming Recreation Dept. Events Department: Presenter:Commissioner Marion Williams Caption:Report from Recreation Department on upcoming department's sponsored major events at the Augusta Common. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: