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Home My WebLink About2015-05-19-Meeting Minutes Commission Meeting Agenda Commission Chamber - 5/19/2015 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Lockett, Sias, M. Williams, Fennoy, D. Williams and Davis, members of Augusta Richmond County Commission. Absent: Hons. Guilfoyle, Frantom, Hasan and Smith, members of Augusta Richmond County Commission. INVOCATION: Rev. Dr. Mike Cash, Pastor, Trinity on the Hill United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. Five (5) minute time limit per delegation DELEGATIONS A. Mr. Lamar Hawkins RE: Blockage of both entrances at the Richmond Summit Apartments. Item Action: None Lamar_Hawkins.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Mr. Hawkins. B. Mr. Moses Todd RE: Stormwater Fee Item Action: None Moses_Todd.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Mr. Todd. CONSENT AGENDA (Items 1-17) PLANNING 1. Z-15-11 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below a petition by Gregory Jones, on behalf of the Florence S. Waterman Trust, requesting a change of zoning from Zone R-MH (Manufactured Home Residential) to Zone B-2 (General Business)affecting property containing approximately .72 acres and is known as part of 2036 Gordon Highway. Part of Tax Map 069-0-008-00- 0. DISTRICT 5 1. Provide landscaping of individual planter boxes placed in the front of the primary structure. 2. Parking lot and security lighting must be directed away from the residential properties located to the south of the subject property. 3. Maintain the existing fence that separates the property from the nearby residential uses. Item Action: Approved Z-15-11.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 6- 0. Commissioner Sammie Sias Commissioner William Lockett Passes 2. Z-15-13-SP – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below a petition by Harper Franklin Group LLC, on behalf of Michael Abbott, requesting a Special Exception in a R-1C (One-family Residential) Zone to allow single family attached townhomes developed per Section 11-2(a) at a density not to exceed seven (7) units per acre in accordance with Section 13 of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing approximately 7.8 acres and is known as 4113 D Elders Drive. Part of Tax Map 066-4-008-00-0 DISTRICT 3 1. The final plan of the proposed development Item Action: Approved must be consistent to the concept plan and building elevations received on 4/06/15. 2. The building materials must be consistent with the materials list provided by the petitioner. 3. A six foot solid fence must be constructed and maintained along the property line adjacent to Elderberry Subdivision. Z-15-13.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 6- 0. Commissioner Marion Williams Commissioner Sammie Sias Passes 3. Z-15-16 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below a petition by John Crowell, on behalf of Crowell & Co. Inc., requesting a change of zoning from Zone A (Agriculture) to Zone R-1C (One-family Residential) on property beginning at a point where Covington Court extended intersects Harper Franklin Avenue. This property contains approximately 86.72 acres and is known as 4095 Harper Franklin Avenue and is proposed to be developed as Section 4 of Granite Hill Subdivision. Tax Map 053-0-079-01-0 DISTRICT 3 1. A secondary means of ingress/egress in the form of a stub or temporary street shall be provided on the east side of the proposed development. Item Action: Approved Z-15-16.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 6- 0. Commissioner Sammie Sias Commissioner Mary Davis Passes 4. ZA-R-237 - A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance by adding a new Section 28-F (Personal Care Home); amending Section 4-2 (Off-Street Parking and Loading) regarding parking requirements Item Action: Disapproved outside the Central Business District and; amending Section 26-1(h) – Special Exceptions – Family Personal Care Homes. ZA-R-237.pdf ZA-R-237_AMENDMENT.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner Marion Williams. Motion Fails 5-1. Commissioner Sammie Sias Commissioner William Lockett Fails 5. ZA-R-238 - A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend Section 2 – Definitions by adding Crematoriums; Section 22-2(22) General Business – Permitted Uses and Section 26-1(s) - Special Exception – to include Crematoriums and required criteria. Item Action: Approved ZA-R-238_REPORT.pdf ZA-R-238.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 6- 0. Commissioner Sammie Sias Commissioner Mary Davis Passes PUBLIC SERVICES 6. Motion to approve New Ownership Application: A. N. 15-22: A request by Kim Sharpton for an on premise consumption Liquor, Beer, & Wine License to be used in connection with FLO located at 879 Broad Street. There will be Dance. District 1. Super District 9. (Approved by Public Services Committee May 12, 2015) Item Action: Approved FLO.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 6- 0. Commissioner Sammie Sias Commissioner Mary Davis Passes 7. Motion to approve New Ownership Application: A. N. 15-23: A request by Brian Brittingham for an on premise consumption Liquor, Beer & Wine License to be used in connection with The Central Smokehouse and Cantina located at 1855 Central Avenue. There will be Sunday Sales. District 1. Super District 9. (Approved by Public Services Committee May 12, 2015) Item Action: Approved Central_Smokehouse.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 6- 0. Commissioner Sammie Sias Commissioner Mary Davis Passes 8. Motion to approve tasking the Administrator with bringing back to the full Commission a recommendation regarding the demolition status on the Synagogue and Court of Ordinary Building on the Municipal Building Campus with options for funding sources and developing an agreement with Mr. Steinburg and his group for the implementation of plans for a museum. (Approved by Public Services Committee May 12, 2015) Item Action: Rescheduled Historic_Preservation_Meeting_Minutes.pdf 2015-03_MB_Campus_Existing.pdf 2015-03_MB_Campus_Option_A.pdf 2015-03_MB_Campus_Option_B.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item back to committee. Motion Passes 6-0. Commissioner William Fennoy Commissioner William Lockett Passes ADMINISTRATIVE SERVICES 9. Motion to approve tasking the Administrator and Interim Human Resources Director to review existing grievance policies, investigate the procedures in other municipalities and to bring back information at the next committee meeting concerning the establishment of a grievance process for SES employees for non-EEO related matters. (Approved by Administrative Services Committee May 12, 2015) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 6- 0. Commissioner Sammie Sias Commissioner Mary Davis Passes PUBLIC SAFETY 10. Motion to approve expansion of Information Technology’s Hewlett Packard Storage Area Network (SAN). (Approved by Public Safety Committee May 12, 2015) Item Action: Approved SAN_Quote.pdf SAN_State_Contract.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 6- Commissioner Sammie Sias Commissioner Mary Davis Passes 0. FINANCE 11. Motion to approve Supplement Agreement #1 to the FY 2015 Metropolitan Transportation Planning Services contract between Augusta, Georgia and the Georgia Department of Transportation with a local match of 20% which will be 10% in-kind services and 10% cash in the amount of $22,609.58. (Approved by Finance Committee May 12, 2015) Item Action: Approved FY_15_Supplemental_#1-_PL_Con_for_ARTS_MPO.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 6- 0. Commissioner Sammie Sias Commissioner Mary Davis Passes 12. Motion to approve revisions to Vehicle Oversight Program. (Approved by Finance Committee May 12, 2015) Item Action: Approved 2015_VEHICLE_OVERSIGHT_PROGRAM_Revision_042415_blue_lined.docx 2009_VEHICLE_OVERSIGHT_PROGRAM_w_Acknowledge_Form_072409.doc ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 6- 0. Commissioner Sammie Sias Commissioner Mary Davis Passes ENGINEERING SERVICES 13. Motion to approve the Avrett Plumbing Company, Inc. in the amount of $250,000.00 for the option year renewal of existing contract for Cleaning of Sanitary Sewer Systems to be performed under Account Number 506043410-5223220. (Approved by Engineering Services Committee May 12, 2015) Item Action: Rescheduled Backup_for_Extension_12-177.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item back to committee. Motion Passes 6-0. Commissioner William Fennoy Commissioner Sammie Sias Passes 14. Motion to approve the resolution authorizing the Environmental Services Department (ESD) to apply for financial reimbursement from Georgia’s Environmental Protection Division (EPD). (Approved by Engineering Services Committee May 12, 2015) Item Action: Approved EPD_modelres_-_MJ_CA-Clean_Revised_Resolution_Law_Dept.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 6- 0. Commissioner Sammie Sias Commissioner Mary Davis Passes PETITIONS AND COMMUNICATIONS 15. Motion to approve the minutes of the regular meeting of the Commission on May 5, 2015 and the Special Called meeting on May 12, 2015. Item Action: Approved Regular_Commission_Meeting_May_5_2015.pdf Called_Commission_Meeting_May_12_2015.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Motion to Approve approve. Motion Passes 6- 0. Commissioner Sammie Sias Commissioner Mary Davis Passes APPOINTMENT(S) 16. Motion to approve the appointment of Mr. John Kelly to the Augusta- Richmond County Coliseum Authority to replace Mr. Harry Moore. (Requested by Commissioner Smith) Item Action: Disapproved Talent_Bank_Application_John_Kelly_Jr..pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. D. Williams abstains. Voting No: Commissioner William Fennoy, Commissioner William Lockett. Motion Fails 3-2 -1. Commissioner Marion Williams Commissioner Mary Davis Fails 17. Motion to approve the appointment of Ms. Sheena Dorsey to the Animal Control Board representing District 7. (Requested by Commissioner Frantom) Item Action: Approved Talent_Bank_Application_-_Sheena_Dorsey.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 6- 0. Commissioner Sammie Sias Commissioner Mary Davis Passes ****END CONSENT AGENDA**** AUGUSTA COMMISSION 5/19/2015 AUGUSTA COMMISSION REGULAR AGENDA 5/19/2015 (Items 18-22) PUBLIC SERVICES 18. Ordinance to Amend Augusta Code Title Seven Chapter Four Article Four Section 7-4-28 relating to the Requirement of Conformance with Certificate of Appropriateness; 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. (No recommendation from Public Services Committee May 12, 2015) Item Action: Rescheduled 2015-4-14_Ord_to_Amend_Historic_Preservaton_Requirements_o_Commission.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item back to committee. Motion Passes 6-0. Commissioner Sammie Sias Commissioner William Lockett Passes ADMINISTRATIVE SERVICES 19. Discuss the authorization for compensation to the commissioner who serves as a member on the Planning Commission Board. (Requested by Commissioner M. Williams) (Tabled until this meeting by Administrative Services Committee May 12, 2015) Item Action: None Board_Compensation_Schedule.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result No action is taken on this item due to the loss of a quorum. 20. Discuss the hiring/rehiring of an EEO Director. (Requested by Commissioner M. Williams) Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result No action is taken on this item due to the loss of a quorum. ENGINEERING SERVICES 21. Approve proposed Amendment to Stormwater Ordinance. Item Action: Rescheduled Chapter_5_Augusta_Final_Draft_04282015.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item back to the next full Commission meeting. Voting No: Commissioner Marion Williams. Motion Fails 5-1. Commissioner Sammie Sias Commissioner William Lockett Fails Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve reconsidering this item. Motion Passes 6-0. Commissioner William Fennoy Commissioner William Lockett Passes Motions Upcoming Meetings www.augustaga.gov Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item back to committee. Motion Passes 6-0. Commissioner Marion Williams Commissioner Mary Davis Passes OTHER BUSINESS 22. Discuss the big screen monitors outside the Commission Chambers. (Requested by Commissioner M. Williams) Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result No action is taken on this item due to the loss of a quorum. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 23. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Item Action: None Commission Meeting Agenda 5/19/2015 2:00 PM Attendance 5/19/15 Department: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 5/19/2015 2:00 PM Invocation Department: Caption:Rev. Dr. Mike Cash, Pastor, Trinity on the Hill United Methodist Church Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 5/19/2015 2:00 PM Lamar Hawkins Department:Clerk of Commission Caption:Mr. Lamar Hawkins RE: Blockage of both entrances at the Richmond Summit Apartments. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 5/19/2015 2:00 PM Moses Todd Department: Caption:Mr. Moses Todd RE: Stormwater Fee Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AUGUSTA-RICHMOND COUNTY PLANNING COMMISSION REZONING STAFF REPORT Case Numberz Z-15-ll Hearing Date: Monday, April 612015 Report Prepared By: Paul DeCamp, Kevin Boyd and Bob Austin Applicant: Gregory Jones Property Owner: Florence S. Waterman Trust Address of Property: 2036 Gordon Highway Tax Parcet #: 069-0-008-00-0 Present Zoningz R-MH (Manufactured Home Residential) Subdivision: N/A Commission District: 5 (Bill Lockett) Fort Gordon Notification Required: N/A Request.' The applicant is requesting a change of zoning from Home Residential) to Zone B-2 (General Business) to establish lot. Zone R-MH (Manufactured an automobile vehicle sales Request'.P.r,o,,p, ed Use /$otivity $pplic-hl+ O rdiucilie $Gc{io ) Rezone from R-MH to B-2 Automobile vehicle sales lot Section 22-l (b) Background: This case involves 0.5 acres of a 4.38-acre tract, located approximately 820 feet east of the Gordon Highway and Wylds Road intersection. A 31-foot wide improved private road bounds the parcel to the west and provides secondary access to the site. The property contains a 695 square-foot mobile office building, billboard sign and parking, but is vacant at this time. The rear of the parcel is entirely enclosed by a wooden and barbwire fence that measure slightly more than 6 feet in height. The applicant said that the site was a used car lot many years ago, a use that is not allowed under the current R-MH (Manufactured Home Residential) zone. This property has been utilized for various businesses for many years. A mix of zoning is present along this stretch of the Gordon Highway commercial corridor. Primary land uses include auto sales, retail and manufactured housing in the R-l (One-Family Residential), R-MH (Manufactured Home Residential), B-2 (General Business) and LI (Light Industry) Zones. Some service businesses and warehouses are present further west of the site. o Land Use and Zoning- The subject parcel is part of a 4.38-acre tract located on Gordon Highway. The larger tract area contains several primary uses, both commercial and residential in nature, including two vehicle sales lots, a tattoo parlor and mobile home park. The site has a split-zone configuration of B-2 and MH that represents 2.26 acres and2.l2 acres, respectively. The proposed zoning will reflect existing zoning patterns on Gordon Highway. o Utilities - There are three nearby sewer lines that run north, south and west of the site, and a 12-inch water line located in the north right-of-way of Gordon Highway. o Environmental - The parcel is entirely developed with a structure and surface parking lot. Much of existing infrastructure to the site will be retained; the proposal only seeks to make minor changes, including exterior painting of the building which will have a minimum impact on the surrounding environment. o Traffic and Circulation - The parcel has driveway access and an existing curb cut along Gordon Highway. A 3l-foot wide private road, which extends further into the south adjacent lot, provides secondary access to the site. o Buffer and Landscaping - No substantial changes are being proposed to the exterior of the building and existing infrastructure will largely remain in place. A six-foot tall wooden and barbwire fence encloses the back portion of the property. Staff recommends that planter boxes be placed near or along the front fagade of the primary structure to soften the appearance of the site. o Comprehensive Plan - The request is compatible with aspects of the current 2008 Comprehensive Plan. The Future Development Map envisions the area to remain a commercial corridor and encourages opportunities for infill redevelopment along principal arterial highways in the city. The plan also recommends the sufficient buffers are established between non-residential uses and adjoining residential areas. Project Analysis: The applicant is requesting to rezone the property from R-MH to B-2 to establish an automobile vehicle sales lot. While the current R-MH zoning prohibits the use, a dealership once operated on the lot. The applicant plans to utilize the existing infrastructure, and make some minor improvements to the infrastructure. The applicant plans to retain the commercial mobile offrce building and fence enclosure as part of the automobile sales use. The applicant intends to have between 10-15 cars on the lot. The modular building is designed for business use and is registered with the Department of Community Affairs (DCA). A building permit will be required to construct the ADA ramp and landings. Findings: 1.Staff finds that the request to rezone the property to B-2 is compatible with aspects of the general area. The proposed zoning is more appropriate given that the site has direct abutting access along a major thoroughfare and is similar to other land uses along the street. A cluster of auto dealerships along Gordon Highway, there are over 10 auto dealerships within 3,200 feet of the site, to include two of the four existing primary uses located on the tract. Existing infrastructure on the parcel will undergo some improvements and be used as part of the car sales business. The fence in the rear of the property will continue to screen portions the site from nearby residential uses. The request is compatible with aspects of the current 2008 Comprehensive Plan which encourages opportunities for infill redevelopment along principal arterial highways in the city. Preliminary Staff Recommendation: The Staff recommends APPROVAL of this rezoning petition with the following conditions: 1. Provide landscaping of individual planter boxes placed in the front of the primary structure. 2. Parking lot and security lighting must be directed away from the residential properties located to the south of the subject property. 3. Maintain the existing fence that separates the property from the nearby residential uses. 2. J. 4. Note: The information included in this staff report represents the best available information at the time it is written, which is generally two weeks prior to the Planning Commission hearing at which the zoning petition is to be heard. It represents an evaluation of the facts presented by the applicant, research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning Ordinance of Augusta, Georgia. New facts may emerge after the staff report is written and staff reserves the right to make an oral recommendation at the hearing based on all the information available at that time. RWA & PTD/KB iErEeEs ,iEfigg;g 'iiiEiiig o a6 6 iFsgEo6rxoi, : o !;OO ae;.sidP3 eE.3F s EsggBEa tIco!,oo(ofi,oN E}ti!i tr .9o'o boE EE- r=5 E 5! rED N tr''= -g.=-= d 6S :E,A E ro S tUf;fi E H8 E EEtEils I!;E!EEfg F -eEEiIiEEE iEgEiEEgE =#-- ;gf:igii > BE3}i:EE I{EEEE; O g 6e -9i"EEEEe ou ot33;5" gEi gH 3 8"',<S8trd o6U)E, P,flE E g :(I E OtrTt E 6 > ?Eg.E E EIEE€ E E IEEg.g E tii= i s: E f,o ED TE?3 -oo< = at),? 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Parking lot and security lighting must be directed away from the residential properties located to the south of the subject property. 3. Maintain the existing fence that separates the property from the nearby residential uses. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission AUGUSTA.RICHMOND COUNTY PLANNING COMMISSION REZONING STAFF REPORT Case Number: LL5-13-SP Hearing Date: Monday, JN[.ay 412015 Report Prepared By: Paul DeCamp, Kevin Boyd and Bob Austin Applicant: Harper Franklin Group, LLC Property Owner: Michael Abbott Address of Propertyz 4ll3 D Elders Drive Tax Parcel#: 066-4-008-00-0 (part of) P resent Zoningz R- I C (One-Family Res idential) Commission District: 3 (Mary Davis) Fort Gordon Notification Required: Yes Request: The applicant is requesting a Special Exception in an R-lC (One-Family Residential) Zone to allow single-family attached townhomes with a density not to exceed seven (7) housing units per acre, per Section ll-2 (a) of the Comprehensive Zoning Ordinance for Augusta, Georgia. Background: This case involves 7.8 acres of a 13.55-acre tract located south of the intersection Jimmie Dyess Parkway and Harper Franklin Avenue. The oddly-shaped tract remains undeveloped and is adjacent to the Elderberry residential subdivision. The property has split zoning, with I 1.55 acres zoned R-lC (One-Family Residential) and 2.00 acres zoned B-2 (General Business). Request Proposed Use IActivity Applicable Ordinance Section(s) Special Exception in an R-lC Zone single-family attached residential townhomes Section ll-2 (a) Section 13 The surrounding area includes a mix of zoning and land uses. To the north and south are tracts zoned B-2 (General Business). Some of these tracts have commercial establishments, but the majority is undeveloped. To the east are several single-family residential subdivisions zoned R- lC (One-Family Residential). To the west, across Jimmie Dyess Parkway, is a 156-acre undeveloped tract, the majority of which is zoned A (Agriculture). Project Analysis: The applicant is requesting a Special Exception in an R-lC (One-Family Residential) for 7.8 acres of the 13.55-acre lot. The updated concept plan for the project shows that six (6) townhome buildings would be constructed on the property. Each townhome building would contain four (4) housing units. Each townhouse lot would measure 26' x 100' or 2,600 square feet in area. These 24 units would represent the second phase of a two-phase townhouse development. The first phase would involve the construction of another 44 townhomes on property located immediately north of the subject tract. That property is appropriately zoned within B-2 (General Business) Zorre. Based on the proposed concept, each townhouse would be two-stories tall and have a front porch an attached garage and a backyard. All of the townhomes would front a common roadway and contain a20' x 20' parking pad between the building and road. Although a materials list was not submitted with the application, the elevation drawing reflects a modern style building. The exterior would have wood siding, with some stone accents on the front facade. Overflow parking is included in the concept plan in an effort to discourage on-street parking. o Land Use and Density of Development - The current zoning of R-lC (One-Family Residential) limits land use to single-family detached residences on lots that are a minimum 60 feet wide and 6,000 square feet in area, or approximately seven (7) units per acre. The requested Special Exception also permits up to seven (7) units per gross acre, but the proposed townhouse development would be approximately three (3) units per acre. o Environmental - The wooded tract slopes down from 370 feet above mean sea level (MSL) in the northeast corner, to approximately 330 feet above MSL in the southeast corner. The area where the townhomes are proposed is at an elevation of 340-350 feet above MSL. The Augusta GIS online map indicates that more than half of the subject property has wetland soils. The developer proposes to leave the area between the existing sewer line easement and the proposed townhomes (units 61 - 68) as a natural buffer. The impact of the project on these soils will have to be addressed with the U.S. Army Corps of Engineers. The concept plan includes two stormwater management ponds and indicates that much of the area covered by wetlands soils will be preserved, although there will be some disturbance to the wetlands at the rear of the properties. The concept plan is subject to change at any time until final submittal of the site plan. Traffic and Circulation - The concept plan identifies a single point of access from the proposed network of internal driveways which will extend from an adjacent lot north of the property. Each of the three, in total, intemal driveways will measure roughly 20 feet wide and provide access to and from Harper-Franklin Avenue. Though the property has around 670 feet of frontage along Jimmie Dyess Parkway, classified as a principal arterial, a direct connection is unlikely given the area of wetlands that separates the proposed development area from the highway. However, the applicant has expressed an interest in integrating the major thoroughfare into future commercial development adjacent to the site. Access and emergency ingress and egress will be addressed once final plans are submitted for internal review, which will include coordination with Traffic Engineering and the Fire Department. The 2013 GDOT traffic counts recorded 20,140 annual average daily trips for the section along Jimmie Dyess Parkway between Belair Road and Harper Franklin Avenue to the south. Buffer and Landscaping - The concept plan indicates that undeveloped wetlands would serve as a buffer between the proposed development and nearby detached, single-family residences. The concept plan includes two stormwater management ponds on the property to ensure proper drainage. Issues such as drainage flow and buffers will be more closely analyzed during the internal site review process. The proposed development will have to comply with applicable provisions outlined in the Augusta Tree Ordinance. o Comprehensive Plan - This area is envisioned as a "Subdivision Development Area" on the Future Development Map of the 2008 Comprehensive Plan. Suburban Development areas are defined, in part, as locations for new mixed-use and infill development in appropriate locations to reduce automobile traffic, create pedestrian-friendly spaces and establish a sense of place in suburban locations. The Comprehensive Plan also includes policies to protect established residential areas and to protect environmentally sensitive areas. Findings: 1. The proposed use and density of the development are generally compatible with the adjacent land uses. 2. Vehicular traffic will be handled by new roadways internal to the development. The internal roads will connect to Harper Franklin Avenue. There will be no road connection to Elders Drive. 3. The topography of the tract, including the presence of wetlands wetland areas, makes the site suitable for more compact development. 4. Development of the existing wetland a.reas may pose a threat to the environment, aspects of the final submitted site plan should aralyze the impact that the proposed development may have on stormwater management. Preliminary Staff Recommendation: The Staff recommends APPROVAL of this rezoning petition with the following conditions: 1. The final plan of the proposed development must be consistent to the concept plan and building elevations received on 4106115. 2. The building materials must be consistent with the materials list provided by the petitioner. 3. A six foot solid fence must be constructed and maintained along the property line adjacent to Elderberry Subdivision. Note: The information included in this staff report represents the best available information at the time it is written, which is generally two weeks prior to the Planning Commission hearing at which the zoning petition is to be heard. It represents an evaluation of the facts presented by the applicant, research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning Ordinance of Augusta, Georgia. New facts may emerge after the staff report is written and staff reserves the right to make an oral recommendation at the hearing based on all the information available at that time. KB&PTD&RWA/Kb ool,!o CO((t IE;EiEt ,iEIiilig 3 J;E: E;!E BiEEiiEEe= EEBifi[E !f Ei EEi E Hr a s i*3*.uE r.Pgh ES-E'i5 d =6t o Eol6 o d gopoE LlJo(, !t ffi tr .9?,tr E6E OEE o*8o- P EH =sg q iH scE rt :?i GEq E. 38. E €,ol!oo(o 5o FEEEl6:EE;do i gP Eil5g !i o- o 5i(0 d g cott Bgrc =EEdre'E; .JoOgoE t! i.'.lrcI<EcO IHI ot,c -g.eUEDe'=il oi;N osoo=rrt'OJH6oP@9E E;xo\tUl0/ ffillt EEocD3 Eo+, CLooxuJ 6Eo CLa E -9oo LEOEo6o. P E9U?Rtr:o2 ^ atrE T H f;i E E Building Materials List Harper Franklin Multi-Family Site Rezoning FiIe #2.15-13-SP Front - a combination ofbrick, stone & hardi board. Right / Left Sides - hardi board Rear - hardi board Roof Materials - 30 year architectural shingles Soffit & Facia - metal facia & vinyl soffit (same as all the houses in Edleberry neighborhood) Garage Doors - metal stamped cuiage house with hardware Windows - Vinyl single hung comparable to Edleberry neighborhood Exterior Doors - combination of metal & fiberglass comparable to Edleberry neighborhood !,, fi tr Pnnted Name Subscribed and affirmed before me in the county of Columbia, State of Georgia, this 6th day of May 2015. lI[rJArlL@RoEn JR ilOTATYPUBI.JC*r^,ffiffiffiCffi,r*Dcsemberlg-2qLo Commissior, E*pi.utiir-- Notary's Offi cial Signature Commission Meeting Agenda 5/19/2015 2:00 PM Z-15-13 Department:Planning Commission Caption: Z-15-13-SP – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below a petition by Harper Franklin Group LLC, on behalf of Michael Abbott, requesting a Special Exception in a R-1C (One-family Residential) Zone to allow single family attached townhomes developed per Section 11-2(a) at a density not to exceed seven (7) units per acre in accordance with Section 13 of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing approximately 7.8 acres and is known as 4113 D Elders Drive. Part of Tax Map 066-4-008-00-0 DISTRICT 3 1. The final plan of the proposed development must be consistent to the concept plan and building elevations received on 4/06/15. 2. The building materials must be consistent with the materials list provided by the petitioner. 3. A six foot solid fence must be constructed and maintained along the property line adjacent to Elderberry Subdivision. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission AUGUSTA.RICHMOND COUNTY PLANNING COMMISSION REZONING STAFF REPORT Case Number: Ll5-16 Hearing Date: Monday, May 4,2015 Report Prepared By: Paul DeCamp, Kevin Boyd and Teri Turner Applicant: John Crowell Property Owner: Crowell & Co.r Inc. Address of Property: 4095 Harper Franklin Avenue Tax Parcel #: 053-0-079-01-0 Present Zoning: A (Agriculture) Commission District: 3 (Mary Davis) Fort Gordon Notification Required: Yes Request: The applicant is requesting a change of zoning from Zone A (Agriculture) to ZoneR-lC (One-Family Residential) to develop a residential subdivision. Background: The R-lC zone permits detached, single-family residential development at a density not to exceed seven (7) units per gross acre. The plan submitted with the application subdivides the 86.72 acres into 222lots, thereby yielding a density of 2.58 units per acre. A few of the proposed lots do not meet the lot size requirements for the R-lC zone. No building plans or elevations of the proposed houses within the development have been provided with the submitted application, but none are generally required with this type of application' :Reqn-$Proposed- tlse'/. ,-!ffi Ap$UiabteOrdin*-nte jSectiou(b) Rezone from A to R-lC To develop a residential subdivision Section 11-1 (a) Single-family detached residences are the predominant land use in the immediate area. The vacant tracts to the east that are zoned A (Agriculture). This is an area in which residential development has been occurring since the 1990s. Granite Hill, Elderberry and Breckenridge are some of the subdivisions developed in this area. The applicant is requesting to rezone the property from A (Agriculture) to R-1C (One-Family Residential) in order to develop Section 4 of the Granite Hill residential subdivision. The proposed zoning would match that of the other sections of Granite Hill, as well as the zoning of Elderberry and Breckenridge. o Land Use and Zoning- The site is 86.72 acres of vacant of land currently addressed as 4095 Harper Franklin Avenue. The site is bordered by three residential subdivisions on the north and west, vacant land on the east, and a power line easement and CSX railroad line to the south. Gordon Highway is located south of the railroad line. The developer proposes detached, single-family residential development at a density not to exceed seven (7) units per gross acre. o Utitities - Presently, a 30-inch water line bisects the tract to the south and contains a fire hydrant. The nearest sewer line is located roughly 155 feet north of the site along Harper Franklin Avenue. Environmental - At this time the site is undeveloped, though much of the wooded area was cleared years ago by a previous owner as part of a mining operation. The site will require grading to create the subdivision lots and access roads. Staff noted a large pond located on a lot that is east and south of the site. The site is roughly 1,670 feet away from the nearest identified FEMA flood zone (2011, AE 100-yr flood) to the east, and 2,400 feet from the nearest identified FEMA flood zone (2011, AE 100-yr flood), west of the site. Locally delineated wetland area, less than one acre in size, is located at the south end of the property. A small part of the wetlands extends into the backyards of lots 64, 65 and 66. Wetlands that measure less than an acre are covered under the Nationwide Permit with notification to the U.S. Army Corps of Engineers. Traffic and Circulation - The concept plan indicates that a group of new roads will be built as part of the subdivision. These will all be classified as local roads. One of the roads will connect to Harper Franklin Avenue where it intersects Covington Court. Harper Franklin Avenue provides access to Jimmie Dyess Parkway. There is concern about there being only one road connection to the subdivision. Buffer and Landscaping - Some of the mature trees on the site will be maintained to provide separation from existing development. The rear yards of many of the subdivision lots are expected to be enclosed with privacy fences. A separate l3-acre tract, owned by another party and located southwest of the site, will serve as a natural buffer. o Comprehensive Plan - The zoning request is compatible with the Future Development Map and policies in the Comprehensive Plan. The Future Development Map targets the area that the site is in for additional suburban development. The dominant characteristics envisioned for the area include low and medium-density residential development concentrated in areas where already established. The requested zoning also adheres to a guiding land use policy to provide zoning for land suitable for new conventional single- family residential development. Project Analysis: The applicant is requesting to rezone the property from A (Agriculture) to R- lC (One-Family Residential) to develop Section 4 of the Granite Hill subdivision. The proposed subdivision is currently under Development Plan review and will consist of 8 new streets and 222 residential lots on more than 86 acres of land. The proposed zoning and land use are compatible with the surroundingarea, and with policies in the Comprehensive Plan. Public water and sewer service are available near the site. Based on the submitted Development Plan, the lots appear to contain enough space for sufficient off-street parking. Staff is concerned about the single access point proposed for the site, south of the Harper Franklin Avenue and Covington Court intersection. The petitioner has been advised to create at least one stub or temporary dead-end street on the east side of the subdivision in an effort to provide additional access to the subdivision via the property to the east, in the event of an emergency, once that property is developed. Any change of the overall layout is subject to approval by the Planning Director. This secondary access point will become functional as the adjacent parcel to the east fully develops. The petitioner must also ensure that all the lots conform to the general development standards of the zoning district. Findings: 1. Staff finds that the request to rezone the property to R-lC is compatible with the surrounding area. Adjacent land to the west and north are zoned R-lC with lots of similar size and roads of similar configuration. 2. The zoning request is compatible with the Future Development Map and policies in the Comprehensive Plan. The Future Development Map targets the area that the site is in for additional suburban development. The dominant characteristics envisioned for the area include low and medium-density residential development concentrated in areas where already established. The requested zoning also adheres to a guiding land use policy to provide zoning for land suitable for new conventional single-family residential development. There are concems about the single access point proposed for the development, south of the Harper Franklin Avenue and Covington Court intersection, considering the large amount of lots being proposed. Several lots being proposed do not conform to Section 405. B. of the Land Subdivision Regulation for Augusta, GA, specifically, the provision that prohibits the depth of lots to exceed two and one-half (2ll2) times its width. Preliminary Staff Recommendation: The Staff recommends APPROVAL of this rezoning petition with the following condition(s): 1. A secondary means of ingress/egress in the form of a stub or temporary street shall be provided on the east side of the proposed development. Note: The information included in this staff report represents the best available information at the time it is written, which is generally two weeks prior to the Planning Commission hearing at which the zoning petition is to be heard. It represents an evaluation of the facts presented by the applicant, research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning Ordinance of Augusta, Georgia. New facts may emerge after the staff r.po.t is written and staff reserves the right to make an oral recommendation at the hearing based on all the information available at that time. KB&PTD&TLTIKb J. 4. ooll 8o_ rEsEEEr 'i:iiEliEEigEiiiiE EEEiIEAE lf B; Eet igtacOO ov--5dP E EHgg8Ed oicItr ,E 8. 6I U)oos FTht o .9 .EOEO =EDbFFA->rY.-LLTE Eb6 P E) =9s I EE i Fr i gE f 6d,lr E q$) tErEe€ir:EltEt 3 ilEi?E ,E!iEilEi iiE;EE! E -:EE giit ,iliEEii g 6a 3 F3Eo6rxo f o-:;oog";.6 Igo 6F E E EBgo-t G E(,E =e=$BttrcoEgSSEE* gggi:HaE E,F.FEtrE=-iEE EBHEB6OO=zoJ!' ..oci!....2-N&&&&ddi= o, 3.9o d .9SO=cto ?o aE o-! .=E E'= E 6E +6 = E-g,q rrl bN .e ; E 3e $ n$ gEeE E .,E[ i es f; qrrlr"i E n!ilIuItIl o o3 o o*c0 =#" ool!o 8. Fresg 62:-t;,J *E9E Fu :* o c EtoI'__*,G.a_odqE!€Y ' ##5HaE e & i : # r SeF€EEEdEE EEIItgEa;<OOO=zgJr ot,6otG' ElcloIN ^oEAE€ O.,8 E g =E lr t sEBE3,8 # PPi s Eig e 6 o .9 .Eo=O =EDL- = (E=LL-E '16q ssEE.P- { Fe 5 EE st - j E EF[ g $E EI ..cici=....Z-N<&.&&0.6d JT N[ilINTIIInffil Commission Meeting Agenda 5/19/2015 2:00 PM Z-15-16 Department:Planning Commission Caption: Z-15-16 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below a petition by John Crowell, on behalf of Crowell & Co. Inc., requesting a change of zoning from Zone A (Agriculture) to Zone R-1C (One-family Residential) on property beginning at a point where Covington Court extended intersects Harper Franklin Avenue. This property contains approximately 86.72 acres and is known as 4095 Harper Franklin Avenue and is proposed to be developed as Section 4 of Granite Hill Subdivision. Tax Map 053- 0-079-01-0 DISTRICT 3 1. A secondary means of ingress/egress in the form of a stub or temporary street shall be provided on the east side of the proposed development. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission AUGUSTA.RICHMOND COT]NTY PLANNING COMMISSION ZONING ORDINANCE AMENDMENT STAF'F REPORT Case Numberz #ZA-R-237 Hearing Date: Monday, March 212015 Report Prepared By: Paul DeCamp and Andrew Uhlir Recommended Amendment:Amend the Comprehensive Zoning Ordinance by adding Section 28-F (Personal Care Homes) and amending Section 4-2 (Oft Street Parking for All Areas Except Central Business District (CBD) and Section 26-1(h) (Special Exception- Family personal care home subject to the following criteria). Background: The number of personal care homes in Augusta continues to grow, and with this addition comes the increased need to ensure they are continually providing a high quality of life for the residents and the surrounding community. The Georgia Department of Community Health (DCH) facilitates the state licensing of these facilities, while local building, zoning, and fire safety codes regulate additional standards, such as location and type of home, safety, and property/building maintenance. Although homes may undergo an initial inspection, DCH is limited in their resources to provide periodic inspections to ensure compliance. Furthermore, DCH design requirements can be broad and may not meet all of the needs of individual communities. Additional or more restrictive requirements are allowable for local jurisdictions in order to ensure a high quality of living and safety. Justification: The intent of this amendment is to provide a way for Augusta to not only increase the quality of life of residents through design requirements, but to also provide a way to ensure personal care homes are continually in compliance past their initial inspection. The ordinance focuses on ADA Standards of Accessible Design, living room, dining room, bathroom, and bedroom spacing, privacy, and accessibility. Many of these design requirements are increased clarification or additions to DCH requirements that are already in place. Furthermore, continued compliance focuses on annual updates to business licensing as well as annual inspections. ORDINANCE An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta, Georgia Commission effective Septernber 16,lgg7 by adopting Section 28-F (Personal Care Homes) THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTION I. That the Comprehensive Zoning Ordinance is amended by adopting Section 28-F (Personal Care Homes) as shown below: SECTION 2&F PERSONAL CARE HOMES 28-F-1 PURPOSE This section is intended to an enhance the quality of living standards of Personal Care Homes in order to protect the health, safety, and integrity of the residents. This section includes regulatory requirements, home design standards, and parking requironents for Personal Care Homes occupied by six or fewer unrelated individuals who reside there and receive care. These include Family Persoaal Care Homes, both as a Permitted Use and as a Special Exception granted per Section 26-l (h), as well as Special Use Permits granted for a Personal Care Home per Section 8-3 (e). Other applicable requirements for Personal Care Homes include: Georgia Departrnent of Community Health (DCH) requirements, Intemational Property Maintenance Code, and Fire Code compliance. 28-A-2 DEFINITIONS As used in this Section of the ordinance, the following terms shall have the meanings indicated: "Personal Care Home" - shall mean a building occupied by the property owners, or by a person or persons employed by the property owners, and also occupied by unrelated individuals who reside there and receive care and/or supervision from the property owners or persons in their ernployment. A personal care home shall provide care for elderly and./or handicapped persons. Personal Care Homes shall be classified as: Family Personal Care Homes, Group Personal Care Homes, and Congregate Personal Care Homes. "Personal Care Home Application" - The official application for a Personal Care Home, attached to a Special Use Permit application, a Special Exception application, or a permitted use zoning application. 28.A-3 GENERAL REQUIREMENTS A. Regulatory Compliance: Personal Care Homes shall comply with all applicable city zoning, building, housing, and fire codes, and shall fully comply with the Georgia Department of Community Health (DCH) Rules and Regulations for Personal Care Homes (Section lll-8-62 of Georgia Code). Proof of compliance as a state registered Personal Care Home through DCH shall be submitted with a Personal Care Home Application. A Personal Care Home Application must contain a scaled floor plan of the entire residence, including the following details: a. Bedroom, bathroom, and common room dimensions (must meet standards set forth in Section 28-B Home Design Requirements). b. Number ofpersons per bedroom. c. Rooms labeled (i.e. bedroom, closet, bathroom, dining room, kitchen, etc.). d. Label area for use by residents and visitors which affords privacy (i.e. an area where residents can meet alone with visitors). The maximum number of residents allowed for the Personal Care Home is dependent upon the specifications in the Home Design Requirements Section below, as well as Department of Community Health (DCH) requirements. If the maximum number of residents allowed is different between DCH requirernents and Municipal Code requirements, the more stringent regulations will apply. Applicant shall provide evidence annually to the Augusta Planning and Development Department that the facility continues to satisff the conditions of approval set forth in this ordinance, as well as Department of Community Health (DCH) requiranents. Evidence of compliance shall be submitted at least thirty (30) days before the renewal of a business license. During this time, the Augusta Planning and Development Department may inspect the home to ensure compliance with both the city ordinance and the business license requirements. Evidence submitted in the business license renewal process shall include: a. A copy of the most recent DCH inspection report and plan for correction 1. 2. 4. b. A copy of the most current and accurate licensed residential care profile Upon a Personal Care Home being approved, applicant shall make no alterations or additions to the primary structure for the purpose of increasing the number of individuals who reside there and receive care. Any Special Exception or Special Use Permit issued pursuant to this Section shall terminate if the structure is devoted to a use other than a Personal Care Home. If the structure fails to maintain compliance with all building, safety, health, and zoning requirements, the Special Exception or Special Use Permit shall be grounds for termination and the owner/operate shall thereafter be required to discontinue the use of the premises as a Personal Care Home. B. Home Design Requirements: 1. Common Areas i. Homes serving a person dependent upon a wheelchair or scooter for mobility must meet the 2010 ADA Standards for Accessible Design set forth by the United States Department of Justice. ADA standard ramps within the front yard must include a landscape buffer around the perimeter of the ramp for the purpose of visual aesthetics. ii. The home must have handrails, grab bars, doorways and corridors which accommodate permiued mobility devices, such as walkers, motorized scooters, wheel chairs and crutches or canes as the residents require for their safety and allows the residents to move about the home freely. Homes serving individuals in wheelchairs must have 60 inches by 60 inches of turning radius in all areas meant to be accessible to thern, including but not limited to the bedroom, kitchen, living room, entrances and exits, and at least one bathroom. iii. The living room must be large enough to accommodate individuals without overcrowding. Homes with three (3) to five (5) individuals who reside there and receive care must provide at least 120 square feet of living room space. Homes with six (6) individuals who reside there and receive care must provide at least 150 square feet ofliving room space. iv. The home must provide a comfortable dining area which is properly equipped and adequate in size for the number of individuals who reside there and receive care. The dining area shall be adequate to seat all individuals who reside there and receive care at the same meal seating. Homes with three (3) to five individuals who reside there and receive care must have at least 80 square feet allocated for a dining room. Homes with six (6) individuals who reside there and receive care must have at least 100 square feet allocated for a dining room. 5. 6. 7. v. The home must provide a fenced and accessible outdoor space for individuals who reside there and receive care. 2. Bedrooms or Private Living Spaces i. Bedrooms or private living spaces must have at least 100 square feet of usable floor space per individual who resides there and receives care. 3. Bathroom Facilities i. At least one (1) functional toilet and lavatory must be provided for each four (4) occupants, and at least one bathing or showering facility must be provided for each (6) occupants. Occupants include persons who reside there and receive care, care providers, and other persons living in the home. ii. A home serving a person dependent upon a wheelchair or scooter for mobility must have at least one (1) bathroom that perrnits the person to use all bathroom fixtures easily and independently where able. The bathroom must meet the 2010 ADA Standards for Accessible Design set forth by the United States Department of Justice. Home Design Spacing Requirements Summary Table *Includes persons who reside there and receive care, care providers, and other persons living in the home. Category Requirement Living Room 3-5 persons who reside andreceive care : 120 square feet 6 persons who reside and receive care: 150 square feet Dining Room 3-5 persons who reside and receive care: 80 square feet 6 persons who reside and receive care: 100 square feet Bedroom or private living spaces Per person who resides and receives care : I 00 square feet Functional toilet and lavatory Per4occupants*: l functionaltoilet Showering facility Per 6 occupants* : I bathing or showering facility 4. Off-Street Parking i. Homes must meet the requirernents for Off-Street Parking found in Section 4- 2 "Off-Street Parking Requirements for all Areas except Central Business District (CBD)" of this ordinance. A summary of example required parking spaces for Off-Street Parking is provided below. -Street P,'able Number of Residents Space Allocated to Residents On-site Provider Visitor Total Required Spaces 2 1 I I J J I I 1 3 4 2 I 1 4 5 2 I I 4 6 2 I I 4 SECTION II. That the Comprehensive Zoning Ordinance is amended by adding to Section 4 (Off-Street Parking and Loading) as shown below: 4-2 Off Street Parking Requirements for all Areas except Central Business District (CBD) SECTION III. That the Comprehensive Zoning Ordinance is amended by adding to Section 26-1 (Special Exceptions) as shown below: (h) Family personal care home subject to the following criteria: (3) Personal Care Homes with six (6) or less individuals who reside there and receive care One (l) space for each three (3) individuals who reside there and receive care, one (1) space for an on-site care provided, and one (1) space for visitors (4) A family personal care home must meet the requirements set forth in Section 28-F Personal Care Homes of this ordinance. SECTION IV. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta-Richmond County Commission this day of 2015. MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: LENA BONNER, CLERK First Reading: Second Reading: Commission Meeting Agenda 5/19/2015 2:00 PM ZA-R-237 Department:Planning Commission Caption: ZA-R-237 - A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance by adding a new Section 28- F (Personal Care Home); amending Section 4-2 (Off-Street Parking and Loading) regarding parking requirements outside the Central Business District and; amending Section 26-1(h) – Special Exceptions – Family Personal Care Homes. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission AUGUSTA-RICHMOND COUNTY PLANNING COMMISSION ZONING ORDINANCE AMENDMENT STAFF REPORT Case Number: #ZA-R-238 Hearing Date: Monday, March 2,2015 Report Prepared By: Paul DeCamp and Kevin Boyd Recommended Amendment: Amend Section 22-l (General Business - Permitted Uses) and Section 26-l (Special Exception - Funeral Homes) of the Comprehensive Zoning Ordinance that introduces new language that regulates the size and adds minimum distance requirements for cremation facilities and related accessory uses. This amendment also proposes to limit the number of single unit cremators for accessory cremation facilities. Background: In recent months, citizens have been become increasingly concerned about the close proximity of cremation facilities to residential areas. Due to the growth in popularity of cremation, crematory services have expanded in the region. While cremation facilities may exist as a stand-alone use, many operate in conjunction with, or accessory to, existing funeral home establishments. Section 22-l of the Augusta Comprehensive Zoning Ordinance permits funeral homes and cremations as an accessory use, in the B-2 (General Business) zone. Under Section 26-1, funeral homes may be considered for a Special Exception in zones deemed appropriate. A Special Exception is similar to a rezoning, and requires a Planning Commission recommendation and a final approval from the Augusta Commission. Current ordinance provisions do not regulate cremation facilities. Regulations on funeral homes and crematoriums are generally handled at the local or state level. Most municipalities in Georgia rely on the state's licensing requirements to operate such businesses and other regulations. The federal govemment itself does not impose any regulations. Cremation facilities sometimes may present nuisances, such as unpleasant odors and loud noises. Justification: This amendment adds new language for accessory crematory facilities and stand- alone crematory facilities. The proposed sections will impose minimum distances and maximum size requirements for said uses that, in effect, seek to reduce potential conflicts in land uses and perceived nuisances between cremation facilities and nearby residential uses. Note: The amendment proposes to add eight new provisions on cremation facilities in Section 22-l (General Business - Funeral Homes), and add subsections 5 - 9 in Section 26-l (Special Exceptions - Funeral Homes). These provisions provide additional regulations on cremation facilities. ORDINANCE An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta, Georgia Commission effective September 16, 1997 by amending Section 2 (Definitions) by adding Crematorium, Section 22-l (General Business - Permitted Uses) and Section 26-1 (Special Exceptions - Funeral Homes) THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTION 1. That the Comprehensive Zorung Ordinance is amended by adding the following language in Section 2 (Definitions): "CREMATORIUM'or "CREMATION FACILITY" shall mean an establishment for the incineration of animal or human corpses. SECTION II. That the Comprehensive Zoning Ordinance is amended by adding the following language in Section 22-l (General Business - Permitted Uses) (22) Crematoriums - subject to the following restrictions and regulations.(a) Crematoriums are allowed as an accessory use wherein the funeral home is identified as the primary use.(1) Accessory cremation facilities shall be located at least six hundred (600) feet from contiguous properties zoned or developed for residential use. (b) Cremation facilities that are considered o'stand-a1one" shall be located at least two thousand five hundred (2,500) feet from contiguous properties zoned or developed for residential use. (c) Off-street parking shall conform to Section 4 of this Ordinance.(d) No crematory incinerator shall have a discharge of smoke that exceeds ten percent (10%) ambient air.(e) The owner/operator shall record the hours of operation and total daily cremation rate for the facility: (l) Hours of operation shall not be greater than 6:00 A.M. to 9 P.M. (2) Each human crematory operation shall record the daily cremation rate in bodies per day. (3) Each animal crematory operation shall record the daily cremation rate in pounds per day. (0 Records of the daily cremation rate and the facility's hours of operation shall be maintained on site in written or electronic logs. (g) Cremation facilities shall adhere to all applicable state permit and licensing requirements. SECTION III. That the Comprehensive Zoning Ordinance is amended by adding the following language in Section 26-1 (Special Exception - Crematoriums) (s) Crematoriums are subject to the following criteria:(1) Crematoriums are allowed as an accessory use wherein the funeral home is identified as the primary use. (a) Accessory cremation facilities shall be located at least six hundred (600) feet from contiguous properties zoned or developed for residential use.(2) Cremation facilities that are considered "stand-alone" shall be located at least two thousand five hundred (2,500) feet from contiguous properties zoned or developed for residential use.(3) A tract upon which a stand-alone cremation facility is to be established shall have at least one hundred (100) feet offrontage on a collector street or an arterial street and be at least one acre in area.(4) Off-street parking shall conform to Section 4 of this Ordinance.(5) No crematory incinerator shall have a discharge of smoke that exceeds ten percent O0%) ambient air. (6) The owner/operator shall record the hours of operation and total daily cremation rate for the facility: (a) Hours of operation shall not be greater than 6:00 A.M. to 9 P.M. (b) Each human crematory operation shall record the daily cremation rate in bodies per day. (c) Each animal crematory operation shall record the daily cremation rate in pounds per day.(7) Records of the daily cremation rate and the facility's hours of operation shall be maintained on site in written or electronic logs. (8) A plan illustrating compliance with the above requirements shall be submitted to the staff of the Augusta Planning and Development Department before the proposal is placed on the agenda. The Planning Commission shall determine that all of the foregoing requirements have been satisfied, and further, that the benefits of the proposed funeral home are greater than any possible depreciating effects and damages to neighboring properties. (9) Cremation facilities shall adhere to all applicable state permit and licensing requirements. SECTION IV. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta-Richmond County Commission this day of 2015. MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: LENA BONNER, CLERK First Reading: Second Reading: Commission Meeting Agenda 5/19/2015 2:00 PM ZA-R-238 Department:Planning Commission Caption: ZA-R-238 - A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend Section 2 – Definitions by adding Crematoriums; Section 22-2(22) General Business – Permitted Uses and Section 26-1(s) - Special Exception – to include Crematoriums and required criteria. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 5/19/2015 2:00 PM Alcohol Application Department:Planning & Development Caption:Motion to approve New Ownership Application: A. N. 15-22: A request by Kim Sharpton for an on premise consumption Liquor, Beer, & Wine License to be used in connection with FLO located at 879 Broad Street. There will be Dance. District 1. Super District 9. (Approved by Public Services Committee May 12, 2015) Background:This is a New Ownership Application. Formerly in the name of Anthony Evangelista, Analysis:This applicant meets all of the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $4,486.00. Alternatives: Recommendation:The Planning & Development Department recommends approval. The R.C.S.D. recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 5/19/2015 2:00 PM Alcohol Application Department:Planning & Development Caption:Motion to approve New Ownership Application: A. N. 15-23: A request by Brian Brittingham for an on premise consumption Liquor, Beer & Wine License to be used in connection with The Central Smokehouse and Cantina located at 1855 Central Avenue. There will be Sunday Sales. District 1. Super District 9. (Approved by Public Services Committee May 12, 2015) Background:This is a New Ownership Application. Formerly in the name of Andrew Crumrine. Analysis:This applicant meets all of the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $5,610.00 Alternatives: Recommendation:The Planning & Development Department recommends approval. The R.C.S.D. recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 5/19/2015 2:00 PM Consider MB Campus Options Department:Recreation Parks and Facilities - Facilities Management Caption:Motion to approve tasking the Administrator with bringing back to the full Commission a recommendation regarding the demolition status on the Synagogue and Court of Ordinary Building on the Municipal Building Campus with options for funding sources and developing an agreement with Mr. Steinburg and his group for the implementation of plans for a museum. (Approved by Public Services Committee May 12, 2015) Background:In December 2013 the Historic Preservation Commission (HPC) approved demolition of the building which had housed the print shop and some information Technology Department staff (the rear portion of the Court of the Ordinary/Courthouse Annex), and the building that the remainder of the IT staff currently uses (the masonry structure with the metal building on top). The front portion of the Courthouse Annex is roughly 82’ long by 30’ wide and was constructed in the mid-1800s; HPC denied permission to demolish this front section. (See HRC meeting minutes attached.) The new IT building is nearing completion and staff will move in beginning on or about April 30, 2015. The current IT location is too close to the new building to conform to the requirements of the current fire and life safety codes. Demolition of the IT buildings is required in order to comply. Ideally, the demolition would have been completed prior to the issuance of the Certificate of Occupancy (CO) of the new IT facility. However, due to the fact that we could not shut down IT operations until we had the new facility ready, demolition prior to the move was not possible. As it relates to the certificate of occupancy (CO) for the new Information Technology (IT) building, the Planning & Development Department will issue a temporary CO for what they determine is a reasonable time period, not to exceed 90 days. A final CO will be issued when all life safety and fire codes have been satisfied. Turner Construction’s Guaranteed Maximum Price (GMP) for the Municipal Building renovation includes $180,000 for demolition and removal of the current IT buildings in their entirety. In order to salvage the area identified as historic (per the decision of the HPC), it would be necessary to install bracing and shoring to permit safe, selective demolition of a portion of the Court of the Ordinary. The remaining structure would need to be stabilized and secured as part of the work. These activities would increase our demolition costs by $206,561. Other factors to consider are that there is not a current identified use for the structure that would remain, and Augusta would also need to provide appropriate ongoing maintenance to prevent further deterioration. (Please note that because Turner is now completing their contract work, Heery has recommended that we deduct the demolition from Turner’s contract and that Augusta contract directly with vendor to secure demolition services. We anticipate that the increased costs for the selective demolition will still be the same if we contract directly with that vendor.) A closely related issue is that once the Planning and Development Department relocates to the Municipal Building, their current offices in the former Synagogue will remain vacant. There is no identified future use for this building. The Commission should consider the long term intentions for this building, including demolition, as they look at future development of the Municipal Building Campus and the services provided to the community. Analysis:Thoughtful planning today is essential to responsible use of taxpayer resources, both financial and historical. The Municipal Building campus is and will be for the foreseeable future, the center of operations for the Augusta-Richmond County Government. The block bordered by Greene Street, Telfair Street, 5th Street, and 6th Street should be sufficient to meet the needs of our citizens for many years. However, Augusta needs to consider planning for the future use of this confined site. Current issues which deserve discussion and consideration include: insufficient parking on the current campus, historic structures, and space for departments not included in the scope of the current renovation project (Those departments include Engineering, Juvenile Court, Public Defender, and the Law Dept.) Other factors that need to be taken into account when determining the path forward are: 1. We don’t have precise estimates on the costs associated with making either of the historic buildings usable. We do know that neither meets current code and it would be a costly proposition to make required code changes, should Augusta choose to renovate them for future use. 2. The final CO for the new IT building is dependent on demolition of the current IT buildings. 3. There are costs associated with retaining any remaining portion of the Court of the Ordinary and the former synagogue. The estimated average annual maintenance and utility costs for these structures would be $10,000. If the Commission determines they do not wish to commit that level of financial resources to retain vacant structures, they could be mothballed in accordance with the Augusta Ordinance which gives Augusta 6 months to determine what to do with these structures. Financial Impact:Funding in the amount of $661,000 is available for demolition on the MB Campus ($180,000 in the GMP contract, and $481,000 in remaining project accounts). It is estimated that complete or selective demolition of the 3 vacated buildings can be accomplished within this budget. The current amount under Turner’s contract reflects a $180,000 estimate for base demolition of the two IT buildings. The additional cost to perform selective demolition and stabilization of the Court of the Ordinary is estimated at $206,561.00. We do not have a bid number on the cost to demolish the former synagogue, but we believe the cost would be in the range of $250,000 to $300,000 if it were bid as a separate project, and less than that if it were added to a project including the Court of the Ordinary and old IT building demolition. In addition, should we decide not to move forward with full demolition, we would incur the maintenance costs described above. Alternatives:1) The Augusta Commission can approve an increase in funding of $206,561 and direct the contractor to proceed with selective demolition immediately. That funding is available through savings from changes in the scope of the Municipal Building Campus project. The scope of the renovations to the buildings that house the legal and engineering departments has been reduced. The total campus project cost would not be increased. 2) The Augusta Commission can determine that demolition of the vacated structures is in the best interest of Augusta and direct the Administrator to proceed with demolition procurement through Turner's GMP contract. 3) The Augusta Commission can request that the Historic Preservation Commission reconsider their denial to demolish the entire Court of the Ordinary structure, and also request to demolish the synagogue through the normal approval process. The time required to go through the process for reconsideration would likely delay demolition. 4) Determine another path forward not detailed above, such as providing for an exemption for municipal projects from Historic Preservation codes. Recommendation:Allocate the available funds to complete the demolition of the three vacant structures, following applicable codes; Authorize the extension of Turner Construction’s GMP contract through the 90- day period of the TCO; and Authorize the Administrator to take the necessary actions to complete these demolitions. Funds are Available in the Following Accounts: Funding in the amount of $661,000 is available for demolition on the MB Campus ($180,000 in the GMP contract, and $481,000 in remaining project accounts). REVIEWED AND APPROVED BY: ORDINANCE NO. __________________ AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE TITLE SEVEN CHAPTER FOUR ARTICLE FOUR SECTION 7-4-28 RELATING TO THE REQUIREMENT OF CONFORMANCE WITH CERTIFICATE OF APPROPRIATENESS; 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, Section 7-4-28(e) binds the Augusta Commission, its various departments, authorities, commissions, committees, and boards to the provisions of Title Seven, Chapter four, Article Four of the AUGUSTA, GA CODE; and WHEREAS, it is the desire of the Commission adjust this binding language. THE AUGUSTA, GEORGIA COMMISSION hereby ordains as follows: SECTION 1. Augusta, GA Code Section 7-4-28, is hereby amended by striking this section in its entirety as set forth in “Exhibit A” hereto. A new Code Section 7-4-28 is hereby inserted to replace the repealed Code Section as set forth in “Exhibit B” hereto. SECTION 2. This ordinance shall become effective upon approval. SECTION 3. All ordinances, parts of ordinances, policies, and procedures in conflict herewith are hereby repealed. Adopted this ____ day of ___________, 2015. ______________________________ Hardie Davis, Jr. As its Mayor Attest: ________________________________ Lena J. Bonner, Clerk of Commission 1st Reading:______________________ 2nd Reading:______________________ Exhibit A STRIKE: Sec. 7-4-28. Requirement of conformance with certificate of appropriateness. (a) All work performed pursuant to an issued Certificate of Appropriateness shall conform to the requirements of such certificate. In the event work is performed not in accordance with such certificate, such work will constitute a violated of this Chapter and the Historic Preservation Commission shall issue a cease and desist order and all work shall cease. (b) Where this ordinance would require the abstention of a Certificate of Appropriateness and work upon a structure is undertaken without a Certificate of Appropriateness having been obtained, such work will constitute a violated of this Chapter and the Historic Preservation Commission shall issue a cease and desist order and all work shall cease. (c) Work which constitutes a violation of section 7-4-28(a) or (b) above or the failure to obey a cease and desist order issued pursuant to this Chapter shall constitute a separate and continuing violation of this Chapter. (d) The Commission or the Historic Preservation Commission shall be authorized to instate any appropriate action nor proceeding in any court of competent jurisdiction to prevent any material change in the appearance of a designated historic property or property within a historic district, not made in compliance with the provisions of this Chapter or to prevent any illegal act or conduct with respect to such historic property or historic district. (e) The Commission, including its various departments, authorities, commissions, committees and boards, shall be bound be the requirements of this article. Exhibit B REPLACE WITH: Sec. 7-4-28. Requirement of conformance with certificate of appropriateness. (a) All work performed pursuant to an issued Certificate of Appropriateness shall conform to the requirements of such certificate. In the event work is performed not in accordance with such certificate, such work will constitute a violated of this Chapter and the Historic Preservation Commission shall issue a cease and desist order and all work shall cease. (b) Where this ordinance would require the abstention of a Certificate of Appropriateness and work upon a structure is undertaken without a Certificate of Appropriateness having been obtained, such work will constitute a violated of this Chapter and the Historic Preservation Commission shall issue a cease and desist order and all work shall cease. (c) Work which constitutes a violation of section 7-4-28(a) or (b) above or the failure to obey a cease and desist order issued pursuant to this Chapter shall constitute a separate and continuing violation of this Chapter. (d) The Augusta Commission or the Historic Preservation Commission shall be authorized to instate any appropriate action nor proceeding in any court of competent jurisdiction to prevent any material change in the appearance of a designated historic property or property within a historic district, not made in compliance with the provisions of this Chapter or to prevent any illegal act or conduct with respect to such historic property or historic district. (e) The Augusta Commission, including its various departments, authorities, commissions, committees and boards, shall not be bound be the requirements of this article. Redline Sec. 7-4-28. Requirement of conformance with certificate of appropriateness. (a) All work performed pursuant to an issued Certificate of Appropriateness shall conform to the requirements of such certificate. In the event work is performed not in accordance with such certificate, such work will constitute a violated of this Chapter and the Historic Preservation Commission shall issue a cease and desist order and all work shall cease. (b) Where this ordinance would require the abstention of a Certificate of Appropriateness and work upon a structure is undertaken without a Certificate of Appropriateness having been obtained, such work will constitute a violated of this Chapter and the Historic Preservation Commission shall issue a cease and desist order and all work shall cease. (c) Work which constitutes a violation of section 7-4-28(a) or (b) above or the failure to obey a cease and desist order issued pursuant to this Chapter shall constitute a separate and continuing violation of this Chapter. (d) The Augusta Commission or the Historic Preservation Commission shall be authorized to instate any appropriate action nor proceeding in any court of competent jurisdiction to prevent any material change in the appearance of a designated historic property or property within a historic district, not made in compliance with the provisions of this Chapter or to prevent any illegal act or conduct with respect to such historic property or historic district. (e) The Augusta Commission, including its various departments, authorities, commissions, committees and boards, shall not be bound be the requirements of this article. Commission Meeting Agenda 5/19/2015 2:00 PM Ordinance to Amend Augsuta Code Title Seven Chapter Four Article Four Section 7-4-28 Relating to the Requirement of Conformance with Certificate of Appropriateness Department:Administrator Caption:Ordinance to Amend Augusta Code Title Seven Chapter Four Article Four Section 7-4-28 relating to the Requirement of Conformance with Certificate of Appropriateness; 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. (No recommendation from Public Services Committee May 12, 2015) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: None REVIEWED AND APPROVED BY: Commission Meeting Agenda 5/19/2015 2:00 PM Reorganization of the Law Department Department:Clerk of Commission Caption:Motion to approve tasking the Administrator and Interim Human Resources Director to review existing grievance policies, investigate the procedures in other municipalities and to bring back information at the next committee meeting concerning the establishment of a grievance process for SES employees for non- EEO related matters. (Approved by Administrative Services Committee May 12, 2015) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 5/19/2015 2:00 PM Compensation for Service on Planning Commission Board Department:Clerk of Commission Caption: Discuss the authorization for compensation to the commissioner who serves as a member on the Planning Commission Board. (Requested by Commissioner M. Williams) (Tabled until this meeting by Administrative Services Committee May 12, 2015) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 5/19/2015 2:00 PM EEO Director Department: Caption:Discuss the hiring/rehiring of an EEO Director. (Requested by Commissioner M. Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Legal Quotation In reply to your request: Expires 1/31/201511/17/2014 Created GDL-11973-01 Your HP Sales Contact: Alexeia Pickett, Phone: Fax: HP Quote # Email:alexeia.l.pickett@hp.com +1 800 2778988 ext. 7812903 Net 30 days, subject to credit approval Payment Terms: U.S. SLED Order Management, Submit Purchase Order To: 1-800-825-2329 Phone: Fax: Email:VALOM-US-SLED@hp.com To:Augusta, City of (inc) 530 GREENE ST RM 806 AUGUSTA, GA 30901-4451 Phone: Fax: Email: Net Price Hardware: Software: Support: Grand Total: Solution 131,487.16 47,076.45 58,905.78 0.00 3 weeks 250,000.00 Estimated Delivery Upon Order Entry: Shipping and Handling: 0.00 Delivery Method: Standard Shipping & Handling and Special Handling Exempt Delivery Duty Paid Sub-Total: 250,000.00 Other: 12,530.61 Installation: US$ US$ US$ US$ US$ US$ US$ US$ 11/17/2014 2:32:24PMPrint Date: Legal Quotation Quote Number GDL-11973-01 Page 2 No.Product DescriptionQty Extended Item Net Price Delivery Upon Order Entry Estimated 0100 BW904A 6 days 1,272.52 1 HP 642 1075mm Shock Intelligent Rack Opt. 001 6 days 170.88 1 HP Factory Express Base Racking Service 0200 E7X84A 3 weeks 29,852.91 1 HP 3PAR StoreServ 7440c 4N St Cent Base Opt. 0D1 3 weeks 1 Factory integrated 0201 QR486A 3 weeks 6,878.52 4 HP 3PAR 7000 4-pt 8Gb/s FC Adapter Opt. 0D1 3 weeks 4 Factory integrated 0202 C8R72A 7 days 12,958.12 28 HP M6710 600GB 6G SAS 10K 2.5in HDD Opt. 0D1 7 days 28 Factory integrated 0203 QR498A 7 days 3,912.60 12 HP M6710 1TB 6G SAS 7.2K 2.5in HDD Opt. 0D1 7 days 12 Factory integrated 0204 BD374A 5 days 853.36 1 HP 3PAR 7440c OS Suite Base LTU Opt. 0D1 5 days 1 Factory integrated 0205 BD381A 5 days 13,957.60 80 HP 3PAR 7440c OS Suite Drive LTU Opt. 0D1 5 days 80 Factory integrated 0206 BD404A 5 days 1,027.82 1 HP 3PAR 7440c Data Opt St v2 Base LTU Opt. 0D1 5 days 1 Factory integrated 0207 BD405A 5 days 16,418.40 80 HP 3PAR 7440c Data Opt St v2 Drive LTU Opt. 0D1 5 days 80 Factory integrated 0208 BD375A 5 days 3,036.14 1 HP 3PAR 7440c Reporting Suite LTU Opt. 0D1 5 days 1 Factory integrated 0300 QR490A 3 weeks 4,291.56 2 HP M6710 2.5in 2U SAS Drive Enclosure Opt. 0D1 3 weeks 2 Factory integrated 0301 C8R72A 7 days 12,958.12 28 HP M6710 600GB 6G SAS 10K 2.5in HDD Opt. 0D1 7 days 28 Factory integrated 0302 QR498A 7 days 3,912.60 12 HP M6710 1TB 6G SAS 7.2K 2.5in HDD Opt. 0D1 7 days 12 Factory integrated 0400 HA114A1 1 HP Installation and Startup Service Opt. 5TS 2,576.95 1 HP Startup 3PAR 7400 4-Nd Strg Base SVC Opt. 5TT 1,103.20 4 HP Startup 3PAR 7000 FC Adapter SVC Opt. 5TV 736.50 2 HP Startup 3PAR 7000 2U SAS Enclosre SVC 0500 QR516B 8 days 1,802.59 1 HP 3PAR 7000 Service Processor Opt. 0D1 8 days 1 Factory integrated 0600 TK808A 7 days 1.34 1 HP Rack Front Door Cover Kit Opt. 0D1 7 days 1 Factory integrated 0700 QK734A 7 days 1,741.92 24 HP Premier Flex LC/LC OM4 2f 5m Cbl Opt. 0D1 7 days 24 Factory integrated HP Proprietary for Customer Use Only - Do Not Share 11/17/2014 2:32:24PMPrint Date: Legal Quotation Quote Number GDL-11973-01 Page 3 No.Product DescriptionQty Extended Item Net Price Delivery Upon Order Entry Estimated 0800 H5M58A 8 days 776.52 4 HP 4.9kVA 208V 20out NA/JP bPDU Opt. 0D1 8 days 4 Factory integrated 0900 BW932A 6 days 151.80 1 HP 600mm Rack Stabilizer Kit Opt. B01 6 days 1 Include with complete system 1000 BW906A 6 days 248.78 1 HP 42U 1075mm Side Panel Kit Opt. 0D1 6 days 1 Factory integrated 1100 HA113A1 1 HP Installation Service Opt. 5BY 404.86 1 Rack and Rack Options Installation 1200 BD362AAE 5 days 6.76 1 HP 3PAR StoreServ Mgmt/Core SW E-Media 1300 BD363AAE 5 days 6.76 1 HP 3PAR 7000/7450 OS Suite E-Media 1400 BD365AAE 5 days 2.37 1 HP 3PAR 7000 Service Proc SW E-Media 1500 BD373AAE 5 days 6.76 1 HP 3PAR Reporting Suite E-Media 1600 H8B35A3 1 HP 3Y 4 hour 24x7 Proactive Care ADV SVC Opt. RZ5 266.92 1 HP 3PAR 7000 Service Processor Supp Opt. RZ6 5,484.38 1 HP 3PAR 7450 OS Suite Base LTU Supp Opt. RZJ 3,459.70 1 HP 3PAR 7450 Reporting Suite LTU Supp Opt. S7Y 7,648.00 80 HP 3PAR 7450 OS Suite Drive LTU Supp Opt. SDT 6,503.02 1 HP 3PAR 7450 DataOpt St v2 Base LTU Supp Opt. SDU 9,045.60 80 HP 3PAR 7450 Data Opt St v2 Drv LTU Supp Opt. TRJ 11,694.76 1 HP 3PAR StoreServ 7440c4NStrgbase HWSupp Opt. WSF 4 HP 3PAR Internal Entitlement Purpose Opt. WUS 4,728.64 56 HP 3PAR 7000 Drives under 1TB Support Opt. WUT 2,515.68 24 HP 3PAR 7000 Drives over 1TB Support Opt. WUW 670.68 2 HP 3PAR 7000 Drive Enclosure Support Opt. WUX 991.96 4 HP 3PAR 7000 Adapter Support 1700 HA124A1 1 HP Technical Installation Startup SVC Opt. 5TM 2,678.20 1 HP Startup 3PAR 7000 Reporting Ste SVC Opt. 5UG 5,030.90 1 HP Startup 3PAR 7000 Data Opt Ste v2 SVC 1800 UW316AS 1 HP Proactive Select Service 1900 HK696A1 2 HP 1Y Proactive Select 10 Credit SVC Opt. 2BT 2,949.98 2 HP Proactive Select Credit SVC 2000 U4VT2AS 10 HP PCA Proactive Credits Per Year SVC Complex 1 2100 727021-B21 2 weeks 2,989.96 2 HP BL460c Gen9 10Gb/20Gb FLB CTO Blade 2101 779795-L21 8 days 9,514.04 2 HP BL460c Gen9 E5-2699v3 FIO Kit 2102 779795-B21 8 days 9,514.04 2 HP BL460c Gen9 E5-2699v3 Kit HP Proprietary for Customer Use Only - Do Not Share 11/17/2014 2:32:24PMPrint Date: Legal Quotation Quote Number GDL-11973-01 Page 4 No.Product DescriptionQty Extended Item Net Price Delivery Upon Order Entry Estimated Opt. 0D1 8 days 2 Factory integrated 2103 726722-B21 9 days 4,982.24 8 HP 32GB 4Rx4 PC4-2133P-L Kit Opt. 0D1 9 days 8 Factory integrated 2104 759208-B21 8 days 1,400.00 4 HP 300GB 12G SAS 15K 2.5in SC ENT HDD Opt. 0D1 8 days 4 Factory integrated 2105 700764-B21 8 days 240.00 2 HP FlexFabric 20Gb 2P 650FLB FIO Adptr 2106 761871-B21 8 days 877.42 2 HP Smart Array P244br/1G FIO Controller 2200 BD713AAE 5 days 11,760.48 4 VMw vSphere Ent 1P 3yr E-LTU 2300 H1K92A3 1 HP 3Y 4 hr 24x7 Proactive Care SVC Opt. R5H 494.84 4 VMw vSphere Ent 1P 3yr SW Opt. TT8 2,451.62 2 HP BL460c Gen9 Server Blade Support Complex 1 2400 571956-B21 5 days 21,038.68 2 HP BLc VC FlexFabric 10Gb/24-port Opt 250,000.00 Grand Total:US$ HP Proprietary for Customer Use Only - Do Not Share 11/17/2014 2:32:24PMPrint Date: Legal Quotation Quote Number GDL-11973-01 Page 5 Quote contains special discounts. Unless the customer has another valid agreement with HP, this quotation is governed by HP Customer Terms - Portfolio. A copy of these terms can be found on-line at http://h20195.www2.hp.com/V2/GetPDF.aspx/4AA4-8516ENUS.pdf or a copy can be requested from your Customer Service Representative. For inquiries regarding this quote please contact: RFQ-US-SLED@hp.com Upon issuing a Purchase Order to Hewlett-Packard please include the following: Hewlett-Packard Company listed as the Vendor Bill to & ship to addresses PO# and valid HP quote number HP Purchase Agreement #SWC90813-04 Contact name, phone number & e-Mail address For electronic software include the end user e-Mail Address Requested delivery date (per SLA requirements) and any special delivery requirements Tax status If support is ordered provide the end user’s name and phone number. For upgrades include the serial number or the support identifier for contract entitlement *Prices are exclusive of use, sales value added and other taxes. Should the item(s) being quoted herein be exempt from sales tax please include the appropriate valid tax exemption certificate referencing Hewlett-Packard Company as the vendor. *If quoted herein, Remarketed Products are fully remanufactured and carry new product warranty. Purchase is subject to inventory availability at receipt of order. Inventory may not be reserved. HP reserves the right to substitute new components if appropriate, or to cancel orders by notifying the customer if necessary components are unavailable. *If quoted herein, HP Promotions must be ordered as quoted, no substitutions will be allowed. POs must be received on or prior to the expiration date of the quote or special promotion whichever comes first. *If quoted herein, HP Consignment/Demo equipment is currently at the location listed on this quote. Issuing a PO against this formal quotation will imply acceptance and delivery of the Consignment/Demo inventory. The standard warranty applicable to new equipment will apply. Some demo equipment may contain products that are remanufactured to be functionally equivalent to new. Unless indicated differently this quote is subject to the terms and conditions as set forth in your purchase agreement SWC90813-04. . HP Proprietary for Customer Use Only - Do Not Share 11/17/2014 2:32:24PMPrint Date: Statewide Contract Information Sheet Statewide Contract Number SWC90813 Name of Contract Servers/Storage Effective Date September 1, 2009 Contract Table of Contents Suppliers Awarded Contract Information: MANDATORY CONTRACT Contract Information for Supplier Page Number Dell 2 Hewlett Packard 4 IBM 7 Additional Contract Information Quick Facts 8 Item Schedule 9 Revised 07/13/11 SPD-CP032 Vendor Information Sheet Vendor Name: Dell Contract Information Statewide Contract Number SWC90813-01 Contract Name Servers/Storage PeopleSoft Vendor Number 0000015689 Location Code 001 Vendor Name & Address Dell Marketing L.P. One Dell Way, Round Rock, TX 78682 800.981.3355 Contract Administrator Name: Lauren McCosham Address: One Dell Way, MS RR8-07 Telephone: 512-723-1325 Fax: 512-283-9092 E-mail: lauren_mccosham@dell.com Contract Details 1. Ordering Information Deven Richter Phone: 800-981-3355, ext. 7289110 Email: deven_richter@dell.com 2. Remitting Information PO BOX 534118 Atlanta, GA 30353-4118 3. Delivery Days To be defined by authorized purchaser at the moment of the purchase. 4. Discounts Additional order-size discounts are available for the State of Georgia Standard Configurations. 5. Payment Terms Net 30 6. Bid offer includes State and Local Government, Higher Education, K-12 7. Acceptable payment method Purchasing Card may be used for purchases under this contract and any cash discount will be applied the same as cash. 8. Escalation Plan for Customer Service Quality Issues 1st Line Escalation Contact: Travis Quigley, Account Executive Phone: 404-345-7622 Email: Travis_Quigley@Dell.com 2nd Line Escalation Contact: Jeff Fleetwood, Regional Sales Manager Phone: 803-802-8809 Email: jeff_fleetwood@dell.com 3rd Line Escalation Contact: John Mullen, Vice President MPA Sales Phone: 512-728-5920 Email: john_mullen@dell.com RESELLERS AUTHORIZED TO ACCEPT PURCHASE ORDERS ON BEHALF OF DELL Cambridge Computers Corporate Office www.cambridgecomputer.com Contact – Information and Quotes: Remit Address: Joe Heitmeyer Cambridge Computers Corporate Office Client Relationship Manager 271 Waverley Oaks Road #301 jheitmeyer@cambridgecomputer.com Waltam, MA 02452 Office: 770-973-9665 Cell: 770-329-1102 PO Instructions: Cambridge Computers is authorized to accept purchase orders on behalf of Dell for all items in this contract. Vendor Information Sheet Vendor Name: Hewlett Packard Contract Information Statewide Contract Number SWC90813-04 Contract Name Servers/Storage PeopleSoft Vendor Number 0000264929 Location Code 001 Vendor Name & Address Hewlett-Packard Company 3000 Hanover St. Palo Alto, CA 94304 Contract Administrator Erin Tank Contract Sales and Strategic Programs Telephone: 501-428-8287 / Fax: 866-220-7319 E-mail: erin.e.tank@hp.com Contact Details 1. Ordering Information Bruce Glenn Phone: 800-277-8988, Option 1, ext. 7713559 Email: bruce.glenn@hp.com 2. Remitting Information Hewlett-Packard Company PO 101149 Atlanta, GA 30392-1149 3. Delivery Days To be defined by authorized purchaser at the moment of the purchase. 4. Discounts Additional order-size discounts are available for the State of Georgia Standard Configurations. 5. Payment Terms Net 30 Days 6. Bid Offer includes State and Local Government, Higher Education, K-12 7. Acceptable payment method Vendor will accept the Purchasing Card for purchases under this contract 8. Escalation Plan for Customer Service Quality Issues 1st Line Escalation Lauren Cromwell Phone: 888-277-8988 Opt. 1, Ext 7810544 Email: bruce.glenn@hp.com 2nd Line Escalation Nelson Munn Phone: 850-322-1535 Email: nelson.munn@hp.com 3rdt Line Escalation Tom Coleman Phone: 678-654-5750 Email: tom.coleman@hp.com RESELLERS AUTHORIZED TO ACCEPT PURCHASE ORDERS ON BEHALF OF HP Cnetics Technologies, LLC FEID 58-2360346 www.cnetics.com For Quotes Contact: Remit Address: Account Executive Bob Hannah Lisa Chambless Cnetics Technologies, LLC 770-864-7240 770-864-7232 7076 Peachtree Ind. Blvd. Suite 200 Fax: 770-409-3112 lchambless@cnetics.com Norcross, GA 30071 bhannah@cnetics.com Reporting Contact: Melanie Bellavich 770-864-7210 mbellavich@cnetics.com MCPc, Inc. FEID 32-0012228 http://www.mcpc.com/ For Quotes Contact: Remit Address: Account Executive Scott Huse MCPc, Inc. Lincoln L. Stupart 770-392-8901; ext. 5012 PO Box 643283 770-392-8901; ext. 5004 scott.huse@mcpc.com Pittsburgh, PA 15264-3283 770-633-3228 mobile lincoln.stupart@mcpc.com Reporting Contact: Matthew Curtis 440-268-4394 matthew.curtis@mcpc.com Systems Alliance, Inc. FEID 52-1811163 www.systemsalliance.com For Quotes Contact: Remit Address: Sr. Business Development Executive Charlie Pierce Cell: 706-248-9556 Charlie Pierce Cell: 706-248-9556 Systems Alliance, Inc. Executive Plaza III Office: 410-343-7715 cpierce@systemsalliance.com 11350 McCormick Road, Suite 1203 Fax: 410-584-0594 cpierce@systemsalliance.com Hunt Valley, MD 21031 Reporting Contact: Kristi Peyton, Controller 410-343-7720 kpeyton@systemsalliance.com CDW-Government LLC FEID 36-4230110 https://www.cdwg.com/ For Quotes Contact: Remit Address: Deputy Program Manager John Johnsen Office: 312-705-0909 John Johnsen Phone: 312-705-0909 CDW-Government LLC Fax: 312-705-3709 jjohnsen@cdw.com 75 Remittance Dr. Suite 1515 jjohnsen@cdw.com Chicago, IL, 60675-1515 Reporting Contact: John Johnsen 312-705-0909 jjohnsen@cdw.com Vendor Information Sheet Vendor Name: International Business Machines Corporation Contract Information Statewide Contract Number SWC90813-02 Contract Name Servers/Storage PeopleSoft Vendor Number 0000004543 Location Code 001 Vendor Name & Address International Business Machines Corporation New Orchard Road Armonk, NY 10504 Contract Administrator Russell Boles International Business Machines, Corp Client Systems Manager - East Region, Public Sector 7100 Highlands Parkway, Smyrna GA 30082 770-863-1823, t/l 753 rusboles@us.ibm.com Contact Details 1. Ordering Information Russell Boles Phone: 770-863-1823, t/l 753 rusboles@us.ibm.com 2. Remitting Information 91222 Collections Center Dr Chicago, IL 60693-1222 3. Delivery Days To be defined by authorized purchaser at the moment of the purchase. 4. Discounts Additional order-size discounts are available for the State of Georgia Standard Configurations. 5. Payment Terms Net 30 Days 6. Bid Offer includes State and Local Government, Higher Education, K- 12 7. Acceptable payment method Vendor will accept the Purchasing Card for purchases under this contract. 8. Escalation Plan for Customer Service Quality Issues Russell Boles Phone: 770-863-1823, t/l 753 Email: rusboles@us.ibm.com Quick Facts: The contracts are administered by the Department of Administrative Services (DOAS). The contracts are a mandatory source to all eligible State entities and for the convenience of political subdivisions. Discounts were negotiated for the State of Georgia with Dell, HP, IBM, and Oracle for Configurations and Family Suite of Products. Additional order-size discounts are available for the State of Georgia. Item Schedule Dell Products and Pricing: See Team Georgia Marketplace for State products and pricing or contact supplier directly. HP Products and Pricing: See Team Georgia Marketplace for State products and pricing or contact supplier directly. IBM Products and Pricing: See Team Georgia Marketplace for State products and pricing or contact supplier directly. Oracle Products and Pricing: Contact supplier directly for products and pricing. Commission Meeting Agenda 5/19/2015 2:00 PM Approve expansion of Information Technology’s Hewlett Packard Storage Area Network (SAN). Department:Information Technology Caption:Motion to approve expansion of Information Technology’s Hewlett Packard Storage Area Network (SAN). (Approved by Public Safety Committee May 12, 2015) Background:This addition to Information Technology’s Storage Area Network (SAN) increases the capacity of our current SAN base configuration. This purchase will further migration of physical servers to virtual servers and increase the storage capacity of the environment. Virtualization increases the manageability and redundancy of those resources and also reduces the likelihood of downtime. This purchase will allow for future expansion at a lower cost for a minimum of the next five (5) years. Vendor: Hewlett Packard Purchase Information:This purchase will be made based on the agreement between the State of Georgia and Hewlett Packard. State Contract: SWC90813-04 Analysis:This expansion will increase Information Technology’s virtual storage by 50TB. This additional space is needed for the storage of mission critical data. It will provide storage that will be used to continue the expansion of our virtual environment for the next five (5) years. This is to expand Hewlett Packard hardware that is already installed. This will provide increased compatibility with existing systems. Financial Impact:The total cost for this project is $250,000. Funds are available in Information Technology’s approved capital budget. Alternatives:N/A Recommendation:Approve expansion of Information Technology’s Hewlett Packard Storage Area Network (SAN). Funds are Available in the Following Funds are available in Information Technology’s approved capital budget. Accounts: REVIEWED AND APPROVED BY: METROPOLITAN TRANSPORTATION PLANNING SERVICES CONTRACT SUPPLEMENTAL AGREEMENT # 1 AUGUSTA PLANNING AND DEVELOPMENT DEPARTMENT FHWA METROPOLITAN PLANNING PROGRAM PLANNING (PL) FUNDS FY 2015 PROJECT ACCOUNT NUMBER: PL000-0012-00-927 CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER 20.205 FEDERAL-AID PARTICIPATING PROJECT PI Number 0012927-PLN Federal Share 80% $460,476.65 Local Match Share 20% $115,119.16 Total Contract Cost $575,595.82 SUPPLEMENTAL AGREEMENT #1 between DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA ONE GEORGIA CENTER 600 WEST PEACHTREE STREET ATLANTA, GEORGIA and AUGUSTA PLANNING AND DEVELOPMENT DEPARTMENT THIS AGREEMENT is made and entered into this ________ day of __________________, 2015, by and between the DEPARTMENT OF TRANSPORTATION, an agency of the State of Georgia, hereinafter called the "DEPARTMENT," and the, AUGUSTA PLANNING AND DEVELOPMENT DEPARTMENT organized and existing under the laws of the State of Georgia, hereinafter called the "DESIGNATED AGENCY." WHEREAS the DEPARTMENT and the DESIGNATED AGENCY desire to amend the Original Agreement dated July 16, 2014, to increase federal amount of the Original Agreement, by adding the FY 2014 PL Contract carry over federal money in the sum of One Hundred Eighty Thousand Eight Hundred Seventy Six Dollars and Sixty Five cents ($180,876.65). Now, THEREFORE it is agreed by the parties hereto that the Original Agreement dated July 16, 2014 is hereby amended as follows: 1. By deleting ARTICLE VI, COMPENSATION, Section A, Total Cost, in its entirety and inserting in lieu thereof the following Section A: A. Total Cost The total estimated allowable cost, as shown in Exhibit B, attached hereto and incorporated herein by reference, for the completion of the PROJECT is Five Hundred Seventy Five Thousand Five Hundred Ninety Five Dollars and Eighty Two Cents ($575,595.82). It is agreed that the amount which the DEPARTMENT shall be obligated to pay is 80%, which represents the Federal Share, of the cost of the PROJECT up to Four Hundred Sixty Thousand Four Seventy Six Dollars and Sixty Five Cents ($460,476.65). However, if the sum total of the allowable cost for the PROJECT should be less than the estimated amount, then it is further agreed that the DEPARTMENT shall be obligated to pay the 80% Federal Share Match of the allowable cost incurred. In no event shall the DEPARTMENT be obligated to pay more than the $460,476.65 Federal Share. Also, it is agreed that the amount which the DESIGNATED AGENCY shall be obligated to pay is 20%, which represents the Local Match, of the cost of the PROJECT up to One Hundred Fifteen Thousand One Hundred Nineteen and Sixteen Cents ($115,119.16). However, if the sum total of the allowable cost should be less than the total estimated allowable cost it is agreed that the DESIGNATED AGENCY shall pay 20% of the allowable cost incurred. In no event shall the DESIGNATED AGENCY’S Local Match of the Federal Share exceed $115,119.16. 2. By deleting Exhibit B. from the Original Agreement in its entirety and inserting in lieu thereof the attached Exhibit B revised April 10, 2015: COVENANTS AGAINST CONTINGENT FEES SUPPLEMENTAL AGREEMENT The DESIGNATED AGENCY shall comply with all relevant requirements of all Federal, State, and Local laws. The DESIGNATED AGENCY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the DESIGNATED AGENCY, to solicit or secure this SUPPLEMENTAL AGREEMENT and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the DESIGNATED AGENCY, any fee commission, percentage, brokerage fee, gifts or any consideration, contingent upon or resulting from the award or making of this Supplemental Agreement. For breach or violation of this warranty, the DEPARTMENT shall have the right to annul this Supplemental Agreement without liability or, in its discretion, to deduct from the Supplemental Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Except as hereby modified, changed or amended, all other terms and conditions of the Agreement dated July 16, 2014 shall remain in full force and effect. IN WITNESS WHEREOF, said parties have hereunto set their hands and affixed their seals the day and year above first written. DEPARTMENT OF TRANSPORTATION AUGUSTA, GEORGIA (Continued) Commissioner (SEAL) Sworn and subscribed before me this day of , 20 . NOTARY PUBLIC ATTEST: Treasurer AUGUSTA, GEORGIA My Commission Expires: (Notary Seal) FEDERAL EMPLOYER IDENTIFICATION NUMBER: ________________________________________ Mayor Attest:______________________(seal) This agreement approved by the Mayor and Commission at a meeting held on the _______ day of _________, 20___. I attest that the Corporate Seal attached to this Document is in fact the seal of the Corporation and that the Officer of this Corporation executing this Document does in fact occupy the official position indicated and is duly authorized to execute such document on behalf of this Corporation. EXHIBIT B BUDGET ESTIMATE FISCAL YEAR 2015 Commission Meeting Agenda 5/19/2015 2:00 PM FY 2015 Metropolitan Transportation Planning Services Contract, Supplemental Agreement Department:Planning and Development Caption:Motion to approve Supplement Agreement #1 to the FY 2015 Metropolitan Transportation Planning Services contract between Augusta, Georgia and the Georgia Department of Transportation with a local match of 20% which will be 10% in-kind services and 10% cash in the amount of $22,609.58. (Approved by Finance Committee May 12, 2015) Background:The Augusta Planning and Development Department (APDD) is the metropolitan transportation planning staff of the Augusta Regional Transportation Study serving as Metropolitan Planning Organization (MPO) representing Richmond County, Georgia. The APDD received approval from the Augusta Commission to execute the FY 2015 Metropolitan Transportation Planning Services Contract between Augusta Georgia and GDOT on June 9, 2014. These funds provide funding for administration, staff, and office equipment to support the Augusta Regional Transportation Study work tasks in the FY 2015 Unified Planning Work Program. Analysis:APDD did not expand all federal funds under this program in FY 2014, and subsequently requested GDOT to carryover funds to support work tasks to conduct the 2040 Long Range Transportation Plan. Without approval of this item, the Augusta Planning Development Department will not receive additional federal funds and cannot execute the aforementioned Supplemental Agreement. These funds need to be expensed by June 30, 2015. Financial Impact:Local matching funds will be provided by the City of Augusta in an 80/20 split including $180,876.65, 80% from the U.S. Department of Transportation – Federal Highway Administration; and $45,219.16, 20% local match from the city. Alternatives:Approve or Deny the Supplemental Agreement Recommendation:Approve Supplement Agreement #1 to the FY 2015 Metropolitan Transportation Planning Services contract between Augusta, Georgia and the Georgia Department of Transportation. Funds are Available in the Following Accounts: Org. Key #220016309 REVIEWED AND APPROVED BY: FINANCE DEPARTMENT RISK MANAGEMENT FLEET MANAGEMENT VEHICLE OVERSIGHT PROGRAM Commission Approved 12/02/2008 / Revised 02/12/2015 PPPM Sections 1100.401 – 1100.405 1. PURPOSE: The Vehicle Oversight Program has numerous purposes: · Provides management a tool to better utilize available resources. · Provides management a tool to monitor employee productivity. · Enhances the risk reduction program. · Reinforces current vehicle utilization policy and encourages responsible driving behavior. · Increases safety awareness. · Enhances Augusta’s 311 program. 2. CONCEPT: Vehicles owned by the Augusta Commission will have Global Positioning Systems (GPS) installed with monitoring capability at the respective department level. Central monitoring will be available through Risk Management and Fleet Management as well. Installation on vehicles will be coordinated with Fleet Management. 3. APPLICABILITY: This program is applicable to departments and agencies subordinate to the Augusta Commission. Vehicles assigned to Constitutional Officers or Elected Officials are not subject to this program at this time; however, they may elect to participate in the program and units will be placed on their vehicles as they become available. 4. RESPONSIBILITIES: A. Administrator: Responsible for the overall supervision of the monitoring program. B. Finance: 1. Risk Management: Provides for program implementation, information briefings to respective departments and provides primary centralized monitoring of vehicles. Coordinates funding for program support, continuity and sustainment. 2. Fleet Management: Assists Risk Management with program implementation and coordination. Provides secondary centralized monitoring of vehicles. Responsible for coordinating the installation of systems on vehicles as directed. C. Departments: Provides departmental monitoring and operational supervision. All employees will be required to sign a form that acknowledges they understand GPS devices will be used in vehicles/equipment owned by the Augusta Commission and they are aware of potential consequences when abuse is discovered. Departments should use the system to verify employee compliance with Augusta, GA Risk Management Policies, the Fleet Management Policy, and Departmental Policies, i.e. the safe and conscientious operation of motor vehicles to include speeds driven, idle time appropriateness, using vehicle for business purposes only (personal use prohibited), etc. 5. CONSEQUENCES: Abuses will be governed by Augusta’s Progressive Discipline Policy, suggested discipline for this program include (but are not limited to): A. ND-18 - Violation of traffic laws while operating Augusta, Georgia vehicle, i.e. speeding, etc. B. EV-1 1 - Fraud, waste, and/or abuse of Augusta, Georgia property or time. C. EV-13 - Intentional destruction, theft (including stealing time) or unauthorized removal, possession or use of Augusta, Georgia property, tools or equipment without consent. 6. REPORTING ACTIVITIES TO RISK MANAGEMENT/ADMINISTRATOR. For review by the Administrator, departments will provide monthly reports to Risk Management showing the action taken for the violations below. Reports containing this information will be required monthly unless otherwise directed by the Administrator: A. Heightened speeding violations must be reported to Risk Management. Any speed above the posted speed limit is a violation of state and local laws and may subject the employee to tickets FINANCE DEPARTMENT RISK MANAGEMENT FLEET MANAGEMENT and fines through law enforcement as well as employee discipline. Speeding in excess of 9 miles over the posted speed limit is considered a heightened speeding violation and will subject the employee to Augusta’s Progressive Discipline Policy. Additionally, speeding in school zones is also considered a heightened speeding violation regardless of the amount over the speed limit. B. Improper personal use of an Augusta, GA vehicle must be reported to Risk Management. The use of Augusta, GA owned vehicles for personal use is prohibited. However, if it is not advantageous to Augusta, GA for the employee to return to pick up their own personal vehicle so they may take their lunch break, they are allowed to use an Augusta. GA owned vehicle to patronize an eating establishment that is in close proximity to their work site. C. Unnecessary idle time of 15 minutes or more must be reported to Risk Management (departments may establish a lower idle time but for reporting you will only need to report unnecessary idle time in excess of 15 minutes). 7. FUNDING: A. Initial Funding: to be provided by Risk Management and will include the purchase of system hardware, activation and initial monthly/annual monthly fees. B. Sustainment Funding: to be provided by Risk Management for the monthly service fees and other fees included in the allocation process. FINANCE DEPARTMENT RISK MANAGEMENT FLEET MANAGEMENT EMPLOYEE ACKNOWLEDGEMENT VEHICLE OVERSIGHT PROGRAM 2015 I, ________________________________________, understand that Augusta, GA equips its fleet vehicles and equipment with Global Positioning System (GPS) devices. I also understand that when operating a fleet vehicle or equipment owned by Augusta, GA I am subject to observation through use of the GPS by my department, Risk Management and/or Fleet Management. I understand that some of the capabilities of the GPS tracking service provide tracking vehicle location and length of time at location, vehicle speed, and vehicle idle time. I understand that in addition to adhering to Motor Vehicle laws I am responsible for adhering to policies of Augusta, GA which govern the use of its fleet vehicles and equipment: Risk Management Safety Policy located in the Employee Handbook and the Fleet Management Policy which can be obtained by contacting the Fleet Manager. I understand that information gathered from observations of my driving and/or use of equipment may be used as justification for disciplinary action consistent with the Augusta Commission Progressive Discipline Policy. Employee Signature Date 01/15/09 Draft Revision 01/27/15 Draft resubmitted 04/09/15 Each employee of Augusta, GA, whether they operate a government owned vehicle or not, is required to read and sign this acknowledgement. Completed forms are to be returned to Risk Management. Risk Management will retain a copy and forward the original form to Human Resources for inclusion in the employee’s personnel file. FINANCE DEPARTMENT RISK MANAGEMENT FLEET MANAGEMENT VEHICLE OVERSIGHT PROGRAM Commission Approved 12/02/2008 1. PURPOSE: The Vehicle Oversight Program has numerous purposes: · Provides management a tool to better utilize available resources. · Provides management a tool to monitor employee productivity. · Enhances the risk reduction program. · Reinforces current vehicle utilization policy. · Increases safety awareness. · Enhances Augusta Cares program. 2. CONCEPT: Vehicles owned by the Augusta Commission will have Global Positioning Systems (GPS) installed with monitoring capability at the respective department level. Central monitoring will be available through Risk Management and Fleet Management as well. . Installation on vehicles will be coordinated with Fleet Management. 3. APPLICABILITY: This program is applicable to departments and agencies subordinate to the Augusta Commission. Vehicles assigned to Constitutional Officers or Elected Officials are not subject to this program at this time. 4. RESPONSIBILITIES: A. Administrator: Overall responsible for the overall supervision of the monitoring program. . B. Finance: 1. Risk Management: Provides for program implementation, information briefings to respective departments and provides primary centralized monitoring of vehicles. Coordinates funding for program support, continuity and sustainment. 2. Fleet Management: Assists Risk Management with program implementation and coordination. Provides secondary centralized monitoring of vehicles. Responsible for coordinating the installation of systems on vehicles as directed. C. Departments: Provides departmental monitoring and operational supervision. All employees will be required to sign a form that acknowledges they understand GPS devices will be used in vehicles/equipment owned by the Augusta Commission and they are aware of potential consequences when abuse is discovered. 5. FUNDING: A. Initial Funding: provided by Risk Management and will include the purchase of system hardware, activation and monthly/annual monthly fees. B. Sustainment Funding: provided by Risk Management for the monthly service fees and included in the allocation process. FINANCE DEPARTMENT RISK MANAGEMENT FLEET MANAGEMENT EMPLOYEE ACKNOWLEDGEMENT VEHICLE OVERSIGHT PROGRAM I, ________________________________________, understand that Augusta, GA equips its fleet vehicles and equipment with Global Positioning System (GPS) devices. I also understand that when operating a fleet vehicle or equipment owned by Augusta, GA I am subject to observation through use of the GPS by my department, Risk Management and/or Fleet Management. I understand that in addition to adhering to Motor Vehicle laws I am responsible for adhering to policies of Augusta, GA which govern the use of its fleet vehicles and equipment: Risk Management Safety Policy located in the Employee Handbook and the Fleet Management Policy which can be obtained by contacting the Fleet Manager. I understand that information gathered from observations of my driving and/or use of equipment may be used as justification for disciplinary action consistent with the Augusta Commission Progressive Discipline Policy. Employee Signature Date 01/15/09 Each employee of Augusta, GA, whether they operate a government owned vehicle or not, is required to read and sign this acknowledgement. Completed forms are to be returned to Risk Management. Risk Management will retain a copy and forward the original form to Human Resources for inclusion in the employee’s personnel file. Commission Meeting Agenda 5/19/2015 2:00 PM Revisions to Vehicle Oversight Program Department:Finance/Risk Management Division Caption:Motion to approve revisions to Vehicle Oversight Program. (Approved by Finance Committee May 12, 2015) Background:Augusta uses GPS devices to monitor its fleet of vehicles. The Risk Management Department has oversight of the program. Individual departments montior their employees for any abuse. Analysis:The Risk Management Department was tasked to bring to the Administrator revisions to the existing policy that would more clearly define the reporting process and to assure that the Administrator received timely reports from the user departments. Financial Impact:n/a Alternatives: Recommendation:accept the revisions Funds are Available in the Following Accounts: n/a REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 5/19/2015 2:00 PM Extend Existing Sanitary Systems Cleaning Contract Department:Tom Wiedmeier, P.E., Director - Augusta Utilities Department Caption:Motion to approve the Avrett Plumbing Company, Inc. in the amount of $250,000.00 for the option year renewal of existing contract for Cleaning of Sanitary Sewer Systems to be performed under Account Number 506043410-5223220. (Approved by Engineering Services Committee May 12, 2015) Background:The Augusta Utilities Department has an existing contract (see Bid # 12-177) with Avrett Plumbing Company to clean existing sanitary sewer systems. As defined in the existing contract, Augusta Utilities is requesting a change order to extend the contract for one more year. This extension is necessary to continue the cleaning of our 8 – 18 inch diameter sanitary sewer lines. Analysis:Extension of the existing sanitary sewer cleaning contract will continue to allow the contractor to mobilize in the right-of-way and areas designated as “off-site” so that their equipment can be set up to perform the cleaning process. This includes the mobilization and demobilization of equipment for designated multiple 15,000 linear foot modules of piping to be cleaned, as well as smaller modules as needed. This is in addition to the actual cleaning of the pipes per the cleaning specification in the contract. Financial Impact:The Sanitary Sewer Systems Cleaning Project Funding is will be funded from account 506043410-5223220 Alternatives:No alternative are recommended Recommendation:Augusta Utilities recommends Commission approval for the one year renewal of the existing Cleaning of Sanitary Systems Cleaning Contract with Avrett Plumbing Company, Inc. for the amount of $250,000.00 Funds are Available in the Following Funds are available in the following account: 506043410-5223220 Accounts: REVIEWED AND APPROVED BY: RESOLUTIO [Authorization to Make Application for Financial Assistance] WHEREAS, Augusta, Georgia is a local government as defined in the Rules of the Georgia Department of Natural Resources, Environmental Protection Division (hereinafter, “EPD Rules”), Rule number 391-3-19- .09; and WHEREAS, Augusta, Georgia is a county within the meaning of O.C.G.A. Section 12-8-95(b)(4) and EPD Rule 391-3-19-.09; and WHEREAS, the site more particularly described in Exhibit “A” attached hereto is a solid waste handling facility as defined by EPD Rule 391-3-4-.10(67) (hereinafter, “the Site”), and has been placed on the Hazardous Site Inventory pursuant to the Hazardous Site Response Act (O.C.G.A., Section 12-8-90 et seq.); and WHEREAS, the Director of the Georgia Department of Natural Resources, Environmental Protection Division (“EPD”) has notified Augusta, Georgia in writing that it is a “responsible party” (as defined in EPD Rule 391-3-19-.02(2)(s)) for the Site; and WHEREAS, Augusta, Georgia has expended and anticipates expending certain costs associated with the investigation, remediation, post-closure care and maintenance of the Site (hereinafter, “the Costs”); and WHEREAS, the Costs (or a portion thereof) may be eligible for reimbursement to Augusta, Georgia by the Director of EPD from the Hazardous Waste Trust Fund (pursuant to O.C.G.A. Section 12-8-90 et seq., EPD Rule 391-3-19-.09 and other pertinent law), provided said Costs (or portion thereof) are determined by EPD to be “Eligible Costs” (as defined in EPD Rule 391-3-19-.09(4)(a)), and provided Augusta, Georgia has met the “Eligibility Requirements” set forth in EPD Rule 391-3-19-.09(2); and WHEREAS, the said “Eligibility Requirements” set forth in EPD Rule 391-3-19-.09(2) require, among other things, that the following criteria be met in order for the Costs (or portion thereof) to be eligible for reimbursement: “ ... (e) the state or local government has adopted an authorizing resolution; and (f ) the state or local government has submitted to the Director [of EPD] a completed application for financial assistance on forms as provided by the Director...” ; and WHEREAS, Augusta, Georgia desires to make application to EPD for reimbursement of the Costs (or a portion thereof) on the form(s) provided by the Director of EPD (as completed and attached hereto as Exhibit “B”), and to take any other action which may be necessary or appropriate to have the Costs (or portion thereof) fully considered for such purposes; and WHEREAS, in the event the attached applications are approved by EPD, Augusta, Georgia desires to receive the sums approved by EPD as reimbursement of the Costs (or a portion thereof), and to process, administratively handle and utilize said sums for such approved purposes; and WHEREAS, Augusta, Georgia is confident that it can otherwise satisfy the “Eligibility Requirements” set forth in EPD Rule 391-3-19-.09(2); NOW, THEREFORE, BE IT RESOLVED that the Mayor is hereby fully authorized to complete and execute the application attached hereto as Exhibit “B” on behalf of Augusta, Georgia, and to submit same to EPD for its consideration. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to take any and all other action, without further approval or action of this Commission (including, but not limited to, executing supplemental forms, application amendments, additional applications and the like, and providing additional information or documentation), which may be necessary or appropriate in order for the Costs (or portion thereof) to be fully considered by EPD for reimbursement from the Hazardous Waste Trust Fund in accordance with the provisions of O.C.G.A. Section 12-8-90 et seq., EPD Rule 391-3-19-.09, and other pertinent law. THIS Day of , 2015. Augusta, Georgia By:___________________________ Hardie Davis, Jr., Mayor By:___________________________ Lena J. Bonner, Clerk of Commission EXHIBIT A By virtue of a special warranty deed from Carl E. Sanders, dated November 7, 1984 and of record in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Realty Book 193, page 313 and by deed dated April 28, 1995 from C. H. Wiggins, Sr., and of record in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Realty Book 489, Page 909. LEGAL DESCRIPTION: ALL THAT LOT or parcel of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, containing one thousand one hundred eighty-one and twelve hundredths (1,181.12) acres, more or less, as being more particularly described according to the plat prepared for Richmond County, Georgia, dated November 5, 1984, made by Toole Surveying company, having been recorded with the Office of the Clerk of Superior Court of Richmond County as Exhibit A to a Warranty deed dated November 7, 1984, from Carl E. Sanders to Richmond County, Georgia in Realty Book 193, Page 313: and made a part hereof and referenced being made to said plat for a more accurate and complete description as to the metes, bounds, courses, distances and location of said property; ALSO, ALL THAT TRACT or parcel of land, with any improvements thereon, situate, lying and being in the 86th G.M.D., State of Georgia, County of Richmond, containing 28.02 acres, as shown on a plat prepared by Steven H. Hardy, Registered Land Surveyor, dated March 17, 1995, which plat has been recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, Realty Reel 489, pages 907-908, reference being made to said plat for a more particular description as to the metes, bounds and location of said property. Less and Except Right of Way conveyed to Georgia Department of Transportation filed of record in the aforesaid Clerk’s office in Realty Book 174, 2128. Less and Except Right of Way conveyed to Southern Natural Gas Company filed of record in the aforesaid Clerk’s office in Realty Book 34-D, page 30, et seq. Less and Except Right of Way Deed to Georgia Department of Transportation filed of record in the aforesaid Clerk’s office in Realty Book 1311, page 1915, et seq. Less and Except Easement For Right of Way to Georgia Power Company by Right of Way Deed filed of record in the aforesaid Clerk’s office in Realty Book 21- B, page 310, et seq. Less and Except Easement for Right of Way to Georgia Power Company filed of record in the aforesaid Clerk’s office in Realty Book 33-L, page 279, et seq. Less and Except Easement for Right of Way to Georgia Power Company filed of record in the aforesaid Clerk’s office in Realty Book 28, page 252, et seq. Less and Except Easement for Right of Way to Georgia Power Company filed of record in the aforesaid Clerk’s office in Realty Book 29, page 1389, et seq. Less and Except Right of Way Agreement to Southern Natural Gas Company filed of record in the aforesaid Clerk’s office in Realty Book 19-J, page 74, et seq. Less and Except Right of Way Agreement to Southern Natural Gas Company filed of record in the aforesaid Clerk’s office in Realty Book 34-D, page 32, et seq. Less and Except Right of Way Deed to Southern Natural Gas Company filed of record in the aforesaid Clerk’s office in Realty Book 34-D, page 47, et seq. All tracts, lots or parcel of land herein are conveyed subject to any easements and all restrictions of record in the aforesaid Clerk’s office and to any Declaration of Restrictions and Covenants filed of record. That the above-captioned property is subject only to the following exceptions: 1. This property is exempt for the purpose of ad valorem taxes. 2. The exact location of boundary lines, unrecorded easements, possible encroachments and other facts or conditions which would be disclosed by an accurate survey and inspection of the property. 3. Easement to Georgia Power Company, recorded in said Clerk’s office in Realty Reel 12, page 1396. 4. Easement to Southern Natural Gas Company filed of record in the aforesaid Clerk’s office in Realty Book 19G, page 369, et seq. 5. Underground Easement to Georgia Power Company filed of record in the aforesaid Clerk’s office in Realty Book 1173, page 167, et seq. 6. Easement to Georgia Power Company filed of record in the aforesaid Clerk’s office in Realty Book 1195, Page 393, et seq. 7. Underground Easement to Georgia Power Company filed or record in the aforesaid Clerk’s office in Realty Book 1264, Page 1297, et seq. 8. Easement to Jefferson County Electric Membership Corporation filed of record in the aforesaid Clerk’s office in Realty Book 13-X, page 74, et seq. 9. Easement to Jefferson County Electric Membership Corporation filed of record in the aforesaid Clerk’s office in Realty Book 13-X, page 65, et seq. 10. Easement to Southern Natural Gas Company filed of record in the aforesaid Clerk’s office in Realty Book 20-U, Page 34. 11. Easement to Southern Natural Gas Company filed of record in the aforesaid Clerk’s office in Realty Book 20-U, Page 37. 12. Possible liens of architects, laborers or materialmen for improvements of the property, not filed for record at the effective date hereof, and rights, if any, of persons who may be in possession under claims not appearing of record. 13. Matters which might affect the state of title, which may be of record but are not indexed properly such that a reasonably prudent title search would have revealed them to the record examiner. Commission Meeting Agenda 5/19/2015 2:00 PM Resolution authorizing to apply for financial reimbursement Department:Environmental Services Caption:Motion to approve the resolution authorizing the Environmental Services Department (ESD) to apply for financial reimbursement from Georgia’s Environmental Protection Division (EPD). (Approved by Engineering Services Committee May 12, 2015) Background:The State of Georgia created the Hazardous Waste Trust Fund (Trust Fund) as part of the Georgia Hazardous Site Response Act of 1992 to assist local governments with groundwater investigation and remediation (“clean-up”) costs at solid waste handling facilities. A facility must first be listed on the Hazardous Site Inventory (HSI) to be eligible for reimbursement of remediation costs. Listing on the HSI can occur after Georgia Department of Natural Resources Environmental Protection Division (EPD) identifies a groundwater quality exceedance above a regulatory threshold through the permit required monitoring program. The Deans Bridge Road Municipal Solid Waste Landfill, Phase IIA/B was listed on the HSI by EPD in 2006. Since that listing, the Environmental Services Department has expended efforts to investigate the extents of the issues as well as implement actions to remediate the issues. These efforts have been coordinated through the EPD as part of an Assessment Monitoring Plan (AMP) and an Assessment of Corrective Measures (ACM). Analysis:After meeting the following requirements, Augusta is eligible for reimbursement of qualifying groundwater investigation and clean- up costs: (a) Site is a solid waste handling facility listed on the Hazardous Site Inventory; (b) Director has notified the local government in writing that they are the responsible party for the site; (c) The local government has entered into a contract with EPD which describes the financial assistance provided and the activities for which the monies shall be used; (d) The local government has accounting system in accordance with the Governmental Accounting Standards Board; (e) The local government has adopted an authorizing resolution; (f) The local government has submitted to EPD a completed application for financial assistance on forms as provided by the Director; and (g) The local government has submitted to EPD a written statement of the percentage of total costs associated with the actions described in Rule 391-3-19-.09(4)(a) for which a state or local government is liable; includes a description of how such percentage was determined including the results of negotiations with any other responsible parties for the site. Furthermore, the Trust Fund must be replenished by the State each fiscal year and the unencumbered balance must exceed $4.0 million for reimbursements to occur. These conditions have recently been met and as such the Environmental Services Department has commenced with the reimbursement application process. Requirements (a), (b), and (d) are complete and items (c), (f), and (g) will be provided in a reimbursement application to be submitted to EPD upon completion. In order to move forward with the process, the item (e) authorizing resolution must now be completed. Up to $2 million in eligible investigation and clean-up costs may be reimbursed by the State from the Trust Fund to the responsible local government. Financial Impact:At this time, ESD is finalizing the package to be submitted to the EPD for consideration. ESD has no concise way of knowing what EPD will approve for reimbursement or the amount of funds the state has remaining in the HSI fund. Currently the department is confident in saying it could be an amount up to $2 million dollars, however, will most likely be a dollar amount less than that. Alternatives:1. Do not apply for reimbursement Recommendation:Approve the resolution authorizing the Environmental Services Department (ESD) to apply for financial reimbursement from Georgia’s Environmental Protection Division (EPD). Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission 1 ORDIACE O. ___________ A ORDIACE TO AMED THE AUGUSTA, GA CODE ARTICLE FIVE, CHAPTER OE, RELATIG TO STORMWATER MAAGEMET TO EACT A STORMW ATER USER FEE; TO MODIFY AD/OR ADD TO PARTS OF TITLE 5 (UILITIES) CH APTER 1 (STORMWATER MAAGEMET) TO SUPPORT EACTMET AD ADMIISTRATIO OF THE STORMWATER USER FEE; TO PROVIDE A EFFECTIVE DATE A D FOR OTHER PURPOSES. WHEREAS, the federal Clean Water Act, as amended by the Water Quality Act of 1987 (33 U.S.C. 1251 et seq.), and rules promulgated by the United States Environmental Protection Agency pursuant to the act emphasizes the role of local governments in developing, implementing, conducting and funding stormwater programs which address water quality impacts of stormwater runoff and require such stormwater management programs; WHEREAS, stormwater management services and stormwater management systems and facilities will assist Augusta in meeting the regulatory obligations imposed by its national pollutant discharge elimination system (NPDES) permits by reducing pollution and helping in the protection of water quality within Augusta; WHEREAS, Augusta is authorized by the state constitution, including, without limitation, Article IX, Section II, Paragraphs I(a) and III(a)(6) thereof and state law to provide stormwater management services, systems and facilities, which services, systems and facilities contribute to the protection and preservation of the public health, safety and welfare, and protection of the natural resources of Augusta; WHEREAS, stormwater management services, systems and facilities will assist Augusta in protecting the public health, safety and welfare and the environment; and provision of stormwater management services, systems and facilities and regulation of the use thereof renders and/or results in service to individual parcels, parcel owners, citizens and residents of Augusta and to all parcels, parcel owners, citizens and residents of Augusta and Richmond County concurrently and the environment in a variety of ways; and while specific service and facility demands may differ from area to area at any given point in time, a stormwater management service area encompassing all lands and water bodies within Augusta and Richmond County is consistent with the present and future needs of the community; WHEREAS, Augusta, GA presently owns and operates stormwater management systems and facilities which have been developed over many years; and the future usefulness of the existing stormwater management systems and facilities owned and operated by Augusta, and of additions and improvements thereto, rests on the ability of Augusta to effectively manage, protect, control, regulate, use, and enhance stormwater management systems and facilities in Augusta in concert with the management of other public utilities in Augusta; and in order to do so, Augusta must have adequate and stable funding for its stormwater management program's operating needs and capital program; WHEREAS, Augusta has undertaken a comprehensive review by staff and professional consultants of the need for, management of, and funding for, a stormwater user fee; and Augusta staff reports and the professional engineering analysis submitted to Augusta properly assess and define the stormwater management problems, needs, goals, program priorities and funding opportunities of Augusta; WHEREAS, based on the foregoing, the Augusta, Georgia Commission recommends amending Article Five, Chapter One, of the AUGUSTA, GA. CODE. THE AUGUSTA, GEORGIA BOARD OF COMMISSIOERS ordains as follows: SECTIO 1. Various sections of AUGUSTA CODE TITLE 5 UTILITIES, ARTICLE 1 STORMWATER MANAGEMENT are hereby amended as set forth in “Exhibit A” hereto. SECTIO 2. T his ordinance shall become effective upon its adoption in accordance with applicable laws. SECTIO 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 2 Adopted this _____ day of , 2015. ___________________________ Hardie, Davis, Jr. As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Seal: CERTIFICATIO The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on_________________, 2015 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 3 Exhibit A TITLE 5 UTILITIES CHAPTER 1 STORM WATER MAAGEMET § 5-1-1. GEERALLY. This Chapter shall be known as the Storm Water Management Ordinance of Augusta, Georgia. § 5-1-2. FIDIGS. (a) Authority to collect, treat, and manage storm water is found in Art. IX, Sec. II, Par. 3 of the 1983 Constitution of the State of Georgia, and more expressly at O.C.G.A. §36-82-61, wherein this local government is given the power to own, operate and maintain systems, works, instrumentalities, and facilities used or useful in connection with the collection, storage, treatment, and disposal of storm water. (b) Uncontrolled storm water drainage/discharge may have a significant, adverse impact on natural resources and the health, safety, and welfare of the citizens of Augusta, Georgia. Surface water runoff can carry pollutants and nutrients into receiving waters. (c) Uncontrolled storm water drainage can increase the incidence of flooding and the level of floods which occur, endangering roads, other public and private property and human life. (d) Altered land surfaces can change the rate and volume of runoff. (e) Adverse water quality and quantity consequences described above could result in substantial economic losses. Potential losses include, but are not limited to, increased water treatment costs, as well as state and federal fines associated with water quality violations. (f) The Federal Water Pollution Control Act of 1972, as amended, commonly referred to as the Clean Water Act, 33 U.S.C 1251 et seq.; the Georgia Water Quality Control Act, O.C.G.A. §12-5-20, et seq., and regulations promulgated pursuant thereto place increase emphasis on the role of local government in developing, implementing conducting, and funding storm water management programs which address water quality impacts of storm water runoff. (g) Many future problems can be avoided through property storm water management. (h) Every parcel of real property, both public and private, either uses or benefits from the maintenance of Augusta, Georgia storm water system. (i) Current and anticipated growth will contribute to and increase the need for improvement and maintenance of the storm water system. The continued economic development depends upon effective solutions to the existing and continuing storm water problems and preservation of the quality of waters in the lakes, streams, and rivers. § 5-1-3. OBJECTIVE 4 The objectives of this chapter include the following: (a) To protect, maintain, and enhance the public health, safety, and general welfare. This objective will be achieved by providing for regulation and management of Augusta, Georgia storm water system, including public and private facilities in Augusta, Georgia (b) To comply with State Department of Natural Resources and Federal Environmental protection Agency storm water regulations developed pursuant to the Federal Clean Water Act. These requirements include: (1) Control of the contribution of pollutants to the municipal storm sewer system by storm water discharges; (2) Prohibition of illicit connections to municipal separate storm sewers; (3) Control of discharge to municipal separate storm sewers of spills, dumping or disposal of materials other than storm water; and (4) Control, through intergovernmental agreements, of contribution of pollutants from one municipal system to another. (5) Control of Post-development storm water management through a regulatory program of inspection, monitoring and enforcement of private facilities and implementation of best management practices and policies and procedures promoting the use of Green Infrastructure and Low Impact Development techniques. § 5-1-4 DEFIITIOS. (a) For the purposes of this chapter, unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most effective application. Words in the singular shall include the plural, and words in the plural shall include the singular. Words used in the present tense shall include the future tense. The word shall connote mandatory and not discretionary; the word may is permissive. (b) Unless otherwise specified, or it is apparent from the context, definitions herein will be the same as those in other Augusta, Georgia Ordinances and as used elsewhere this code. (1) Accidental discharge. A discharge prohibited by this chapter into the municipal storm sewer system which occurs by chance and without planning or consideration prior to occurrence. (2) Appeals authority. The Augusta Commission, one of whose purpose is to review appeals to this chapter and render decisions and variances. (3) Best Management Practices (BMPs). A wide range of management procedures, control measures, activities, and prohibitions on practices which control the quality and/or quantity of storm water runoff and which are compatible with the planned land use. (4) Clean Water Act. The Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.). (5) Cooling water. Water used exclusively as a cooling medium in an appliance, device or apparatus. 5 (6) Conveyance. Storm water features designed for the movement of storm water through the drainage system, such as concrete or metal pipes, ditches, depressions, or swales (7) Credit. A conditional reduction in the amount of a storm water service charge to an individual property based on the provision and continuing presence of an effectively maintained and operational on-site storm water system or facility or the provision of a service or activity by property owner, tenant, and/or occupant, which system, facility, service, or activity reduces the storm water utility's cost of providing storm water services and facilities. (8) Department. The Department of Engineering responsible for all storm water management activities and implementation of the provisions of this chapter. (9) Developed land. Property altered from its natural state by construction or installation of more than 400 square feet of impervious surfaces as defined in this chapter. (10) Development means: a. The division of a lot, tract or parcel of land into two (2) or more lots, plots, sites, tracts, parcels or other divisions by plat or deed; b. The construction, installation, or alteration of a structure, impervious surface, or drainage facility; c. Clearing, scraping, grubbing, or otherwise significantly disturbing the soil, vegetation, mud, sand or rock or a site; or d. Adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging or otherwise disturbing the soil, vegetation, mud, sand or rock of a site. (11) Detached dwelling unit. Developed land containing one dwelling or residential structure which is not attached to another dwelling and which contains one or more bedrooms, with a bathroom and kitchen facilities designed for occupancy by one family. It shall also include developed land containing two (duplex) or three (triplex) attached residential dwelling units located on one or more parcels of land and shall be treated as detached dwelling units for the purposes of fee calculations. Detached dwelling units may include houses, manufactured homes, and mobile homes located on one or more individual lots or parcels of land. Developed land may be classified as a detached dwelling unit despite the presence of incidental structures associated with residential uses such as garages, carports, or small storage buildings. (12) DIRECTOR. Either the director of Department of Engineering or any duly authorized representatives of the DIRECTOR. (13) Easement. A right in land, less than fee simple title, for the specific use or limitation of use of the land, or described portion thereof, by one not its owner. The use or limitation of use for which the easement is given is normally subservient to the primary use of the land. Easements may be of limited duration or given in perpetuity. (14) Equivalent Residential Unit (ERU). The typical representative impervious coverage of detached dwelling unit properties in Augusta, Georgia as determined by the DIRECTOR, and shall be used as the basis for determining storm water service charges to detached dwelling unit properties or classes of detached dwelling unit properties and other properties. Two thousand two hundred (2,200) square feet of impervious area shall be one equivalent residential unit. (15) Governing body. The Augusta Commission. 6 (16) Illicit connection. A connection to a municipal separate storm system which results in a discharge that is not composed entirely of storm water runoff, except discharges pursuant to a NPDES permit (other than the NPDES permit for discharge from the municipal separate storm sewer). (17) Impervious surface. Developed areas of land that prevent or significantly impede the infiltration of storm water into the soil. Typical impervious surface areas include, but are not limited to: roofs; sidewalks; walkways; patios; swimming pools; private driveways and roads; parking lots; access extensions; alleys and other paved, engineered, compacted or traveled gravel surfaces containing materials that prevent or significantly impede the natural infiltration of storm water into the soil. (18) Maintenance. Any action necessary to preserve storm water management facilities to function as designed, in order to serve the intended purposes set forth in this chapter and to prevent structural failure of such facilities. (19) Multiple dwelling unit residential properties. Developed land whereon four or more attached residential dwelling units are located and shall include, but not limited to, apartment houses, condominiums, town homes, attached single-family homes, boarding houses, group homes, hotels and motels, retirement centers and other structures in which four or more family groups commonly and normally reside or could reside. In the application of storm water service charge rates, multiple dwelling unit properties shall be treated as other developed lands except that individually owned units located on individually owned parcels shall be treated as detached dwelling units. (20) Municipal Separate Storm Sewer System or MS4. A conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains, owned or operated by Augusta, Georgia or other public body, designed or used for collecting or conveying storm water runoff and is not a combined sewer or part of a Publicly Owned Treatment Works. (21) National Pollutant Discharge Elimination System (NPDES). A regulatory mechanism established by the U.S. Environmental Protection Agency pursuant to the Water Quality Act and the Clean Water Act with permit application requirements as set forth in 55FR47990 as implemented by the Georgia Environmental Protection Division of the Department of Natural Resources in accordance with the State Water Quality Control Act, O.C.G.A § 12-5-21. (22) Other developed land. All developed lands not classified as detached dwelling units, including but not limited to, quadraplexes and larger multiple dwelling unit residential properties, manufactured home and mobile home parks, commercial and office buildings, public buildings and structures, industrial and manufacturing buildings, storage buildings and storage areas covered with impervious surfaces, parking lots, parks, recreation properties, churches, public and private schools and universities, research stations, hospitals and convalescent centers, airports, agricultural uses covered by impervious surfaces, water reservoirs, and water and wastewater treatment plants that have four hundred (400) square feet or more of impervious area. Incidental structures that are associated with farming (agricultural) activities such as barns, machinery sheds, and small storage buildings are considered 400 square feet or less under this chapter. (23) Person. Any and all persons, natural or artificial and includes any individual, firm, corporation, government agency, business, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, or any other legal entity. (24) Pollutant. Means dredge spoil, solid waste, incinerator, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial municipal and agricultural waste discharged into water. (25) Pollution. The contamination or other alteration of any water’s physical, chemical or biological properties, including change in temperature, taste, color turbidity, or odor of such 7 waters or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. (26) Procedure. A procedure adopted by the utility, by and through the director of engineering, to implement a regulation or regulations adopted under this chapter, or to carry out other responsibilities as may be required by the code or other codes, ordinances or resolutions of Augusta, Georgia. (27) Redevelopment. A change to previously existing, improved property, including but not limited to the demolition or building of structures, filling, grading, paving, or excavating, but excluding ordinary maintenance activities, remodeling of buildings on the existing footprint, resurfacing of paved areas and exterior changes or improvements that involves the creation, addition or replacement of 5,000 square feet or less of impervious cover and do not materially increase or concentrate storm water runoff or cause additional nonpoint source pollution. (28) Regulation. Any regulation, rule or requirement prepared by the Department of Engineering and adopted by Augusta, Georgia pursuant to the requirements of this chapter. (29) Sanitary sewer system. The complete sanitary sewer system of the county which discharges sewage directly or indirectly into the sewage treatment plant, including sanitary sewer pipelines, manholes and flushing inlets and appurtenances to the foregoing, excluding sewage treatment facilities. (30) Service area. All land within the legal limits of Augusta-Richmond County. (31) Service charge. The storm water management service charge or charges applicable to a parcel of developed land, which charge shall be reflective of the Augusta, Georgia storm water utility's cost of providing storm water management services and facilities. Service charges will be based on measured or estimated impervious area on each parcel of developed land. Impervious area measurements may be updated using more recent or more accurate information from time to time by Augusta, Georgia. The use of impervious area as a service charge rate parameter shall not preclude the use of other parameters, or of grouping of properties having similar characteristics through the use of ranges or rounding up or down to a consistent numerical interval, or the use of flat-rate charges for one or more classes of similarly-situated properties whose impact on the storm water utility's cost of providing storm water management services and facilities is relatively consistent. Storm water service charges may also include special charges to individual customers for services or facilities related to storm water management, including but not limited to charges for development plan review, inspection or development projects and on-site storm water control systems, and enhanced levels of storm water services above those normally provided by Augusta, GA. (32) Site. Any lot, plot, parcel or tract of land. (33) Storm water management. The collection, conveyance, storage, treatment and disposal of storm water runoff in a manner to meet the objectives of this chapter and which shall include a system of vegetative or structural measures, or both, that control the increased volume and rate of storm water runoff and water quality impacts caused by manmade changes to the land. (34) Storm water management facilities. Constructed or natural components of a storm water drainage system, designed to perform a particular function, or multiple functions, including, but not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catch basins, oil/water separators, sediment basins, natural systems and modular pavements. 8 (35) Storm water management Program (SWMP). means the Storm Water Management Program required to be developed and implemented under the terms and conditions of Augusta, Georgia National Pollution Discharge Elimination System Municipal Separate Storm Sewer System (MS4) permit and refers to a comprehensive program to manage the quantity and quality of storm water discharged from Augusta’s MS4. (36) Storm water runoff. The direct response of a land surface to precipitation and includes the surface and subsurface runoff that enters a ditch, stream, storm drain or other concentrated flow during and following the precipitation. (37) Variance. The modification of the minimum storm water management requirements for specific circumstances where strict adherence of the requirements would result in unnecessary hardship and not fulfill the intent of this chapter. (38) Water quality. Those characteristics of storm water runoff that relate to the physical, chemical, biological, or radiological integrity of water. (39) Water quantity. Those characteristics of storm water runoff that relate to the rate and volume of the storm water runoff. § 5-1-5. SCOPE OF RESPOSIBILITY . (a) The provisions of this chapter shall apply throughout Augusta, Georgia. (b) The director of the Department of Engineering shall be responsible for the coordination and enforcement of the provisions of this chapter. (c) The Department of Engineering shall be responsible for the conservation, management, maintenance, extension, and improvement of the Augusta, Georgia storm water system, including activities necessary to control storm water runoff and activities necessary to carry out storm water management programs included in Augusta, Georgia NPDES storm water permit. (d) The application of this chapter and the provisions expressed herein shall be the minimum storm water management requirements and shall not be deemed a limitation or repeal of any other powers granted by State statute. § 5-1-6. POWERS OF THE DEPARTMET OF EGIEERIG . (a) The Department of Engineering shall have the power to administer and enforce all regulations and procedures adopted to implement this chapter, including the right to maintain an action or procedure in any court of competent jurisdiction to compel compliance with or to restrain any violation of this chapter. (b) The Department of Engineering shall: (1) Administer, coordinate and oversee acquisition, design, construction, and operation and maintenance of municipal storm water facilities and conveyances. (2) Establish or oversee establishment of development standards and guidelines for controlling storm water runoff operated; (3) Determine the manner in which storm water facilities should be operated; 9 (4) Inspect private systems which discharge to the Augusta, Georgia storm water system; (5) Advise the Augusta Commission and other Augusta departments on issues related to storm water; (6) Protect facilities and properties controlled by the Department of Engineering and prescribe how they are used by others; (7) Require new, increased, or significantly changed storm water contributions to comply with the terms of this chapter. (8) Develop programs or procedures to control the discharge of pollutants into the municipal storm sewer system; and (9) Adopt and implement the storm water management program for Augusta, Georgia. (10) Adopt and implement the calculation and collection of storm water service charges for Augusta, Georgia. § 5-1-7 STORM WATER RUOFF QUATITY AD QUALITY COTROLS . (a) Water quantity and quality controls will be provided as a part of all new development and redevelopment pursuant to the provisions of the Augusta, Georgia Soil Erosion, Sedimentation and Pollution Control Ordinance (Title 7, Chapter 3), Planning and Zoning Ordinance (Title 8), Water and Wastewater Ordinance (Title 5, Chapter 2) and Subdivision of Land Ordinance (Title 8, Chapter 3), and regulations adopted pursuant to those ordinance and Augusta Storm Water Management Program (SWMP). (b) Augusta, Georgia may allow storm water runoff that otherwise is of unacceptable quantity or which would be discharged in volumes or at rates in excess of those otherwise allowed by its code and regulations to be discharged into drainage facilities off-site of the development, provided the following conditions are met: (1) It is not practicable to completely manage runoff on-site in a manner that meets the design and performance standards found in the code and regulations. (2) Off-site drainage facilities and channels leading to them are designed, constructed and maintained in accordance with requirements of those code and regulations; and, § 5-1-8 PROHIBITIO . (a) It is unlawful for any person to throw, drain, run, or otherwise discharge to any component of the municipal separate storm water system or to cause, permit or suffer to be thrown, drained, run, or allow to seep or otherwise discharge into such system all matter of any nature excepting only such storm or surface water runoff as herein authorized. (b) The DIRECTOR may require controls for or exempt from the above prohibition provision the following, provided he/she determines they are not a significant source of pollutant(s) as defined in the Federal Water Pollution Control Act of 1972, as amended, commonly referred to as the Clean Water Act, 33 U.S.C 1251 et seq.; the Georgia Water Quality Control Act, O.C.G.A. §12- 5-20, et seq., and regulations promulgated pursuant thereto place increase emphasis on the role of local government in developing, implementing conducting, and funding storm water management programs which address water quality impacts of storm water runoff: 10 (1) Unpolluted industrial cooling water, but only under the authorization and direction of the director and appropriate NPDES permit. (Per State requirements, the discharge should not raise the temperature of the receiving stream more than five (5) degrees after the discharge has thoroughly mixed with receiving waters. In secondary trout streams, there shall be no elevation in temperature exceeding two (2) degrees above the natural stream temperature). (2) Water line flushing performed by a government agency, diverted stream flows, rising ground waters, and unpolluted ground water infiltration. (3) Unpolluted pumped ground water. (4) Discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, and street wash water. (5) Discharges or flows from firefighting. (6) Other unpolluted water. (c) In the event of an accidental discharge or an unavoidable spill to the municipal storm sewer system of any material or substance other than storm water runoff, the person concerned shall inform Augusta, Georgia 911 and EMA Center immediately and within twenty-four (24) hours the Department of Engineering of the nature, quantity and time of occurrence of the discharge. The person concerned shall take immediate steps to contain the waste, treat the waste or other actions to minimize effects of the discharge on the municipal system and receiving streams. The person shall also take immediate steps to ensure no recurrence of the discharge. § 5-1-9 ILLICIT COECTIOS (a) It is unlawful for any person, to connect any pipe, open channel, or any other conveyance system that discharges anything except storm water or unpolluted water which is approved by the DIRECTOR, based on the exemptions listed in § 5-1-8(b), to Augusta-Richmond County’s storm water system. (b) Improper connections in violation of the Code must be disconnected and redirected, if necessary, to the Augusta, Georgia sanitary sewer system upon approval by the director of the Water and Sewer Department. § 5-1-10 MAITEACE AD ISPECTIO. (a) Any storm water management facility or BMP which services a single lot or commercial and industrial development shall be privately owned and maintained. The owner shall maintain a perpetual, nonexclusive easement which allows for access for maintenance. (b) All other storm water management control facilities and BMPs shall be publicly owned and/or maintained only if accepted for maintenance by Augusta, Georgia. (c) The DIRECTOR may require dedication of privately owned storm water facilities which discharge to the storm water system to Augusta, Georgia. (d) The department of engineering director shall determine inspection schedules necessary to enforce the provisions of this chapter. 11 (e) The DIRECTOR, bearing proper credentials and identification shall be permitted to enter, without hindrance, all properties for regular inspections, periodic investigations, observation, measurement, enforcement, sampling and testing, in accordance with provisions of this chapter. The DIRECTOR shall duly notify the owner of said property or the representative on site, except in the case of an emergency. (f) The DIRECTOR bearing proper credentials and identification, shall be permitted to enter, without hindrance, all properties for which Augusta, Georgia holds a negotiated easement for repairs, maintenance and other purposes related to any portion of the storm water management facilities lying within said easement. The DIRECTOR shall duly notify the owner of said property or the representative on site, except in the case of an emergency. (g) Measurements, tests and analyses performed by the Department of Engineering or required of any discharger to the municipal system shall be in accordance with 40 CFR Part 136, unless another method is approved by the DIRECTOR. (h) If, after inspection, the condition of a facility presents any immediate danger to the public health, safety or general welfare because of unsafe conditions or improper maintenance, Augusta, Georgia may take action as may be necessary to protect the public and make the facility safe and shall be compensated by the responsible party for the cost of such effort. (i) Inspection reports shall be maintained in a permanent file located at the Department of Engineering office for a period of three (3) years. All such records shall be open to the public. § 5-1-11 VARIACES FOR REQUIREMETS. (a) The DIRECTOR may grant a variance from requirements of this chapter if exceptional circumstances applicable to a site exist such that strict adherence to the provisions of this chapter will result in unnecessary hardship and will not fulfill the intent of this chapter. (b) A written request for a variance shall be required and shall state the specific variance sought and the reasons, with supporting data, a variance should be, granted. The request shall include all information necessary to evaluate the proposed variance including any potential impact to surrounding properties. (c) The DIRECTOR will conduct a review of the request for a variance and respond in writing within thirty (30) working days of receiving the request. § 5-1-12 ESTABLISHMENT OF STORM WATER UTILITY ENTERPRISE FUND. There is established a storm water utility enterprise fund in Augusta, GA, together with budgeting and accounting systems, for the purpose of dedicating and protecting all funding including, but not limited to, rentals, rates, charges, fees and licenses, as may be established and charged by the Augusta Commission from time to time, and other funds that may be transferred or allocated for storm water management related purposes. All storm water management related revenues and receipts shall be placed in the storm water utility enterprise fund, and such revenues and receipts shall be used to pay for the expenses and capital investments of the storm water management program; provided, however, that other revenues, receipts and resources not accounted for in the storm water utility enterprise fund may be applied to storm water management services, systems and facilities as deemed appropriate by the Augusta Commission. § 5-1-13 STORM WATER SERVICE CHARGES. In order to fully recover the cost of providing storm water services and facilities while fairly and reasonably apportioning the cost among developed properties throughout the service area, the following storm water rates shall apply: 12 (a) Detached dwellings units. Two classes of detached dwelling units shall be billed, based on the representative amount of impervious area on the individual properties. The class of smaller detached dwelling units shall include all such properties having less than four thousand four hundred (4,400) square feet of impervious area, which shall be charged the rate applicable to one (1.0) equivalent residential unit as established, or as amended by ordinance in the future. The class of larger detached dwelling units shall include all detached dwelling unit properties having greater than or equal to four thousand four hundred (4,400) square feet of impervious area, which shall be charged the rate applicable to two (2.0) equivalent residential units as established, or as amended by ordinance in the future. (b) Other developed lands. All developed lands not classified as detached dwelling units shall be billed for one equivalent residential unit (ERU) for each two thousand two hundred (2,200) square feet of impervious surface. Increments above an even number of equivalent residential units shall be rounded to the nearest whole number of equivalent residential units. (c) The minimum service charge for developed land shall be the charge applicable to one (1.0) equivalent residential unit. (d) Storm water service charge rate per equivalent residential unit (ERU) or increment thereof. The storm water service charge per equivalent residential unit on the effective date of storm water service charges shall be six dollars and forty cents ($6.40) per month. § 5-1-14 DETERMINATION AND MODIFICATION OF STORM WATER SERVICE CHARGES. Storm water service charges may be determined and modified from time to time by the Augusta, Georgia Commission so that the total revenue generated by said charges and any other sources of revenue that will be made available to the storm water utility will be sufficient to meet the cost of services and facilities, including but not limited to compliance cost, the payment of debt service and related costs on revenue bonds or loan obligations incurred for construction and improvements to the storm water system. § 5-1-15 EFFECTIVE DATE OF STORM WATER SERVICE CHARGES. Storm water service charges shall accrue beginning July 1, 2015 and shall be billed monthly thereafter to customers, except as specific exemptions and credits may apply. § 5-1-16 DISPOSITION OF SERVICE CHARGES AND FEES. Storm water utility service charge and fee revenues shall be assigned and dedicated solely to the storm water management enterprise fund in Augusta, GA, which shall be and remain separate from other funds, and shall be used only to fund identified storm water management program activities. The service charges and fees paid to and collected by virtue of the provision of this chapter shall not be used for general or other governmental or proprietary purposes of Augusta, GA, except to pay for costs incurred by Augusta, GA in rendering services associated with the storm water management and administration. § 5-1-17 EXEMPTIONS AND CREDITS APPLICABLE TO STORM WATER SERVICE CHARGES. Except as provided in this Section, no public or private property shall be exempt from storm water utility service charges or receive a credit or offset against such service charges. No exception, credit, offset, or other reduction in storm water service charges shall be granted based on the age, tax, income or economic status, race, or religion of the customer, or other condition unrelated to the Department of Engineering’s cost of providing storm water services and facilities. Credits shall be defined and made available on the basis of the ability of a site to reduce its impact on the storm water system. Credits shall be available only to “other developed lands” as defined herein. (a) Land not containing more than four hundred (400) square feet of impervious area shall be exempt from storm water service charges. 13 (b) Railroad tracks shall be exempt from storm water service charges. However, railroad stations, maintenance buildings, or other developed land used for railroad purposes shall not be exempt from storm water service charges. (c) Public and private roadways, including the portion of private driveways greater than two hundred (200) linear feet, shall be exempt from storm water service charges. (d) Ft Gordon, Georgia including contiguous properties owned or operated as part of Fort operations shall be exempt from the storm water service charge. No storm water services shall be provided by Augusta, Georgia to the properties so exempt. If services are provided to the properties so exempt the DIRECTOR is authorized to calculate the proportion of the storm water service charge commensurate with the level and type of services provided by Augusta, Georgia to be charged all, or a portion of, Fort Gordon. Such charges shall be calculated by the DIRECTOR and changed from time to time as overall rates or services are modified. (e) Hephzibah and Blythe, Georgia shall be charged a storm water service charge commensurate with the level and type of services provided by Augusta, Georgia. Such charges shall be calculated by the DIRECTOR and changed from time to time as overall rates or services are modified. (f) The storm water service charge credit shall be determined based on the technical requirements and standards contained in the Augusta, Georgia Storm Water Credit Manual. The storm water service charge credit may be up to sixty five (65) percent of the service charge applicable to a property, and shall be proportional to the extent that on-site systems, facilities, services, and activities provided, operated, and maintained by the property owner, tenant, and/or occupant reduce or mitigate the storm water utility's cost of providing services and facilities. The director of the Department of Engineering shall make a final determination of credit eligibility. (g) Credits for on-site storm water systems shall be generally proportional and related to the affect that such systems have on the: pollution runoff, channel eroding force, and peak rate of runoff from the site. . The Augusta Georgia Storm Water Credit Manual shall be prepared by the Department of Engineering specifying the design and performance standards, or sources of such standards, of on-site systems, facilities, activities, or services which qualify for application of a service charge credit, and how such credits shall be calculated and applied for. (h) In the first year of the storm water utility, property owners, tenants, and/or occupants seeking service charge credits must apply for storm water service charge credits through completion and submittal to the DIRECTOR of a storm water service charge credit application prior to one calendar year from the effective date of storm water charges. Approved applications shall receive a storm water credit retroactive to the effective date of storm water charges. (i) After one calendar year from the effective date of storm water charges credits will be granted upon receipt of a timely, completed application, the DIRECTOR shall review the application and make a determination as to whether the applicable criteria for a credit has been met. All decisions regarding the approval or disapproval of a storm water credit shall be made within forty-five (45) days of the date the completed application was accepted by Augusta, GA. (j) Any credit allowed against the service charge is conditioned on continuing compliance with Augusta, GA's design and performance standards in effect at the time of the facility’s construction and any required reporting as required in the Augusta Georgia Storm Water Credit Manual. Augusta, GA may revoke any credit at any time for non-compliance with this section. (k) Continuing compliance with Augusta, GA's design and performance standards may be verified by Augusta, GA Engineering personnel inspection of the systems or facilities upon which the credit is based. Those systems or facilities determined to no longer comply with Augusta, GA’s design and performance standards shall be noted to the property owner, tenant, and/or occupant in writing and sixty (60) days given to remedy the problem. If the deficiencies found in the systems or facilities are not corrected, the property owner, tenant, and/or occupant shall be subject to revocation of all, or a portion of, storm water service charge credits based on Augusta, GA inspectors' estimate of capacity reduction for a period of not less 14 than one (1) year. The DIRECTOR reserves the right to correct deficiencies using Augusta, GA resources and charge the property owner, tenant, and/or occupant the cost of deficiency correction. § 5-1-18 STORM WATER SERVICE CHARGE BILLING, DELINQUENCIES, AND COLLECTIONS. The storm water service charge may be billed and collected separately or along with other rates, fees or charges as deemed most effective and efficient by the Augusta, GA Commission. All policies of that billing mechanism shall generally be followed. (a) A storm water service fee charge shall be declared delinquent if not paid within sixty (60) days of the date of billing. Unpaid storm water service fees shall be collected using the methods of the billing mechanism chosen or by filing suit to collect on an unpaid account and by using all methods allowed by Georgia law to collect on any judgment obtained thereby. (b) A storm water service fee bill may be sent through the United States mail or by alternative means notifying the customer of the amount of the bill, the date the payment is due, and the date when past due. Failure to receive a bill is not justification for non-payment. Regardless of the party to whom the bill is initially directed, the owner of each parcel of developed land shall be ultimately obligated to pay such fee. (c) If a customer is underbilled or if no bill is correctly sent for developed land, Augusta, Georgia may backbill for a period of up to three years, but shall not assess penalties for any delinquency due to the failure to send a bill, incorrect address, or an under billing. § 5-1-19 APPEALS. (a) Any person aggrieved by a decision of the DIRECTOR relating to the storm water utility fee (including any decision with reference to the granting or denial of a variance from the terms of this chapter and storm water service fee decisions) must make a written request for reconsideration by the DIRECTOR within ten (10) days of the issuance of said decision by the DIRECTOR. A request for reconsideration shall state the specific reasons why the decision of the DIRECTOR is alleged to be in error. (b) The DIRECTOR may reverse his/her decision giving written reason for reversal. In the event the DIRECTOR does not reverse his/her decision, the DIRECTOR shall prepare and send to the appellant a written response to said request for reconsideration within thirty (30) days of receipt of the request for reconsideration. (c) If the appellant is dissatisfied with the decision of the DIRECTOR, he/she can appeal said decision to the Augusta, Georgia Commission in accordance with this code section and the Augusta, Georgia Rules of Procedure. A written notice of appeal shall be provided to the DIRECTOR and to the Augusta Georgia Clerk of Commission within thirty (30) days of appellant’s receipt of the DIRECTOR’s final decision and shall be captioned as follows: “Appeal of Engineering Department director decision relating to Storm Water” and shall contain the following information: appellant’s name, a brief description of the storm water issue decided by the DIRECTOR, a copy of the DIRECTOR’s final decision and the relief sought by appellant. (d) Engineering Services Committee hearing procedures and effect of failure to appear at hearing. Appeals appearing on the Engineering Services Committee shall be treated as any other Committee agenda item, except that the appellant, or his or her representative, shall have the right to address the Committee and to present evidence in support of the protest for a maximum of ten (10) minutes. The DIRECTOR, or his or her representative, shall also have the opportunity to present evidence relating to the appeal for a maximum of ten (10) minutes. The Chairman of the Engineering Services Committee may grant additional time equally to each party at his or her discretion. 15 (e) After considering the evidence presented, the Engineering Services Committee shall make a recommendation to grant or deny the protest, or to send the item to the full Augusta, Georgia Commission without recommendation. Regardless of the action taken by the Committee, the protest shall be forwarded to the full Commission agenda for a final decision. The Clerk of Commission shall make an audio recording of the appeal hearing and shall make such recording available to Commissioners within two (2) business days following the hearing. (f) Procedure to Speak to Full Commission Regarding Appeal. An appellant seeking to speak to the full Commission regarding his or her protest must submit a request in writing, including his/her address and the name of the procurement being protested, no later than 5:00 p.m. on the Wednesday preceding the next regularly scheduled Commission meeting that follows the Administrative Services Committee protest hearing. Such request shall be provided to the Clerk of Commission with a copy to be provided to the Procurement director. When the protest is heard by the Commission, the appellant and the Procurement director shall each have five (5) minutes to summarize the arguments and evidence presented to the Administrative Services Committee. The Commission will not hold a new hearing and will not accept new evidence. If the appellant has not made a timely request to address the full Commission, the Commission may, at its discretion, dispose of the agenda item via the Consent Agenda. (g) Effect of Failure to Appear at Hearing. Failure on the part of the appellant to appear before either the Engineering Services Committee or the full Augusta, Georgia Commission is considered an abandonment of their right to appeal and a failure on the part of the appellant to exhaust administrative remedies. The DIRECTOR’s decision is considered final and the award shall proceed accordingly. However, the Chairman of the Engineering Services Committee or the Mayor, may, at his or her discretion, grant the appellant one continuance to the next regularly scheduled Committee or Commission Meeting. Such continuance may only be granted during the Committee or Commission meeting and shall be recorded on the minutes of such meeting. (h) If the appellant is dissatisfied with the Commission’s decision, he/she can appeal said decision to the Superior Court of Richmond County within thirty (30) days of the date of that decision. Said appeal shall consist of a review of the record in the appeal process. § 5-1-20 COOPERATIO WITH OTHER GOVERMETS. Augusta, Georgia may enter into agreements with the State of Georgia or with other local governments to carry out the purpose of this chapter. These agreements may include, but are not limited to enforcement of provisions, resolution of disputes, cooperative monitoring, and cooperative management of storm water system and management programs. § 5-1-21 PROPERTY OWER LIABILITY; SUPPLEMETAL CHA RGES. Any person in violation of any portion of this chapter shall be responsible for all costs of Augusta, GA associated with the violation, including, but not limited to, containment of spills, cleanup, personal injury, wrongful death, damage or destruction of property, or other related expenses. Collection, and enforcement provision of this section is in addition to collection methods provided in Section 5-1-18 above Augusta, Georgia Code. § 5-1-22 EFORCEMET; PEALTIES. (a) This chapter shall be enforced by the office of the director of engineering. Citations for violation may be issued by inspectors from the Department of Engineering or Planning & Development Department. Citations shall specify the factual basis of violation(s), cite the specific statutory or code provision involved, and the Court and date and time to which returnable. 16 (b) Any person, cited for violating this chapter shall upon conviction be subject to the penalties provided in § 1-6-1 to include a fine not exceeding one thousand dollars or by imprisonment not exceeding sixty (60) days, either or both, in the discretion of the judge of the court having jurisdiction. Each day any violation of any provision of this Code or of any such ordinance or rule, regulation or order shall constitute a separate offence. Violation of this chapter may also constitute state or federal laws violation and conviction of this chapter does not prohibit prosecution under state and federal laws. (c) In addition, Augusta, Georgia may institute appropriate action or proceedings at law or in equity for the enforcement of this chapter or to correct violations of this chapter. Any court of competent jurisdiction may have the right to issue restraining orders, temporary or permanent injunctions, and other appropriate forms of remedy or relief. Each day of noncompliance is considered a separate offense. Nothing herein contained shall prevent Augusta, Georgia from taking such other lawful action as is necessary to prevent or remedy any violation, including application for injunctive relief. § 5-1-23 SEVERABILITY. If any term, requirement or provision of this chapter or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this chapter or the application of such terms, requirements and provisions to person or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term, requirement or provision of this chapter shall be valid and be enforced to the fullest extent permitted by law. § 5-1-24 PRIOR ICOSISTET ORDIACES . Any Code provisions, uncodified ordinances, or parts thereof adopted prior to the date of adoption of this chapter are hereby repealed. Commission Meeting Agenda 5/19/2015 2:00 PM Amendment to Stormwater Ordinance Department:Abie L. Ladson - Director Caption:Approve proposed Amendment to Stormwater Ordinance. Background:N/A Analysis:N/A Financial Impact:N/A Alternatives: Recommendation:Approve ordiance Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Commission Meeting Agenda 5/19/2015 2:00 PM Minutes Department: Caption:Motion to approve the minutes of the regular meeting of the Commission on May 5, 2015 and the Special Called meeting on May 12, 2015. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 5/19/2015 2:00 PM Appointment District 10 Department:Clerk of Commission Caption:Motion to approve the appointment of Mr. John Kelly to the Augusta-Richmond County Coliseum Authority to replace Mr. Harry Moore. (Requested by Commissioner Smith) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 5/19/2015 2:00 PM Appointment District 7 Department:Clerk of Commission Caption:Motion to approve the appointment of Ms. Sheena Dorsey to the Animal Control Board representing District 7. (Requested by Commissioner Frantom) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 5/19/2015 2:00 PM Big Screen Monitors Department: Caption:Discuss the big screen monitors outside the Commission Chambers. (Requested by Commissioner M. Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 5/19/2015 2:00 PM Affidavit Department:Clerk of Commission Caption:Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: