Administrative Services Committee Meeting

Administrative Services Committee Meeting Committee Room- 12/7/2009- 12:45 PM ADMINISTRATIVE SERVICES 1. An Ordinance to amend the Augusta-Richmond County Code Title One, Attachments Section 1-7-2 and to amend the Charter of Augusta-Richmond County, Georgia adopted under and by virtue of the authority of Georgia Constitution, Article 9, Section 2, Paragraph I ("Home Rule for Counties and Municipalities") and to create a new Section 1-7-3; to provide for the defense of Augusta-Richmond County Employees; to establish a system of notification; to provide for grounds of refusal; to establish a system of administration; 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. 2. Approve Energy Efficiency and Conservation Strategy for Augusta. Attachments www.augustaga.gov  Administrative Services Committee Meeting 12/7/2009 12:45 PM Civil Defense Ordinance Department: Law Caption: An Ordinance to amend the Augusta-Richmond County Code Title One, Section 1-7-2 and to amend the Charter of Augusta-Richmond County, Georgia adopted under and by virtue of the authority of Georgia Constitution, Article 9, Section 2, Paragraph I ("Home Rule for Counties and Municipalities") and to create a new Section 1-7-3; to provide for the defense of Augusta-Richmond County Employees; to establish a system of notification; to provide for grounds of refusal; to establish a system of administration; to repeal all Code sections and Ordinances and parts of Code sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. Background: Augusta-Richmond County desires to defend and indemnify its employees in civil actions arising from and based on their diligent and thorough execution of their job duties; and the Augusta-Richmond County Commission, as public servants and fiduciaries of public funds, decline to provide for the defense of employees which act outside the course of their employment, who act criminally, who are on a “detour” or “frolic,” or when said representation is not in the best interest of Augusta-Richmond County; and based on the foregoing, the Augusta-Richmond County Commission, recommends amending the ordinances that provide for legal representation and settlement of claims involving Augusta-Richmond County, Georgia, in accordance with state and local laws. Analysis: The amendment to the Ordinances reflect the languange and intent of the consolidation bill and state law as it relates to the provision of civil litigation defense. Financial Impact: Savings on the expenditure of funds when legal representation is not required due to criminal or other activity in violation of the Augusta Code, state or local law and savings on a per attorney cost-basis. Alternatives: Decline to approve. Recommendation: Approve and bring the Charter and Ordinances into compliance with the consolidation bill. Funds are Available in Cover Memo the Following N/A Accounts: Item # 1 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 1  Attachment number 1 Page 1 of 14 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA-RICHMOND COUNTY CODE TITLE ONE, SECTION 1-7-2 AND TO AMEND THE CHARTER OF AUGUSTA-RICHMOND COUNTY, GEORGIA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF GEORGIA CONSTITUTION, ARTICLE 9, SECTION 2, PARAGRAPH I (“HOME RULE FOR COUNTIES AND MUNICIPALITIES”) AND TO CREATE A NEW SECTION 1-7-3; TO PROVIDE FOR THE DEFENSE OF AUGUSTA-RICHMOND COUNTY EMPLOYEES; TO ESTABLISH A SYSTEM OF NOTIFICATION; TO PROVIDE FOR GROUNDS OF REFUSAL; TO ESTABLISH A SYSTEM OF ADMINISTRATION; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, Augusta-Richmond County desires to defend and indemnify its employees in civil actions arising from and based on their diligent and thorough execution of their job duties; and WHEREAS, the Augusta-Richmond County Commission, as public servants and fiduciaries of public funds, decline to provide for the defense of employees which act outside the course of their employment, who act criminally, who are on a “detour” or “frolic,” or when said representation is not in the best interest of Augusta-Richmond County; and WHEREAS, based on the foregoing, the Augusta-Richmond County Commission, recommends amending the ordinances that provide for legal representation and settlement of claims involving Augusta-Richmond County, Georgia, in accordance with state and local laws. THE AUGUSTA-RICHMOND COUNTY, GEORGIA COMMISSION ordains as follows: SECTION 1. Augusta-Richmond-County Code Title I, Section 1-7-2, as set forth in the Augusta-Richmond County Code, re adopted July 10, 2007, is hereby deleted in its entirety and inserting in lieu thereof a new amended Section 1-7-2, called “Defense in Civil Litigation” and to create a new section 1-7-3 as set forth in Exhibit “A” hereto. The Charter of Augusta- Richmond County, Georgia (Ga. Laws 1995, p. 3648, et seq.), approved March 27, 1995, is hereby amended by deleting the Sections 1-51 and 1-52. SECTION 2. This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 3. A copy of the proposed amendment to The Charter of Augusta-Richmond County, Georgia (Ga. Laws 1995, p. 3648, et seq.), approved March 27, 1995, as amended shall be filed in the Office of the Clerk of Commission and in the offices of the Clerk of the Superior Court of Richmond County, Georgia and the “Notice of Proposed Amendment to the Charter of the City of Atlanta” attached hereto as Exhibit “B” and by reference, made a part hereof, be published once a week for three weeks in a newspaper of general circulation in Augusta- Richmond County, Georgia and in the official legal organ of Augusta-Richmond County, Georgia, and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the Augusta-Richmond County Commission. Item # 1  Attachment number 1 Page 2 of 14 SECTION 4. All ordinances and charter provisions or parts of ordinances and charter provisions in conflict herewith are hereby repealed. Adopted this ___ day of December, 2009. ___________________________ David S. Copenhaver As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission on _________________, 2009 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: ______________________ Item # 1  Attachment number 1 Page 3 of 14 Exhibit A Item # 1  Attachment number 1 Page 4 of 14 Sec. 1-7-2. County attorney to defend county employees. (a) As a part of the compensation and terms of employment of members of the Commission, department heads, other elected and appointed officials, and employees of the Augusta-Richmond County Commission, the county attorney is hereby directed to defend all civil, criminal or quasi-criminal actions brought against such persons described above arising out of the performance of their duties or in any way connected therewith, whether based upon negligence, violation of contract rights, or violation of civil, constitutional, common law or statutory rights; provided, however, the county attorney shall not be authorized to furnish a defense to any person charged with a criminal offense involving theft, embezzlement or other like crime with respect to the property or money of Augusta-Richmond County or any other governmental entity; and provided further, the county attorney shall not be required to furnish a defense where liability insurance has been provided by Augusta-Richmond County to protect outside parties and pay damages by reason of the occurrence or action complained of. It is hereby resolved that Augusta- Richmond County may expend public funds to furnish all costs in connection with the defense of such action, including but not limited to attorney's fees, court costs, deposition costs, witness fees and compensation. (b) In addition to the above and apart from the provisions of the above statute of Georgia, the Commission may authorize the payment of any judgment against Augusta-Richmond County and/or its elected officials, department heads or employees where it is determined by the Commission that the occurrence of action complained of resulted from good-faith conduct on the part of Augusta-Richmond County official or employee in carrying out the duties of his or her office and such conduct was not in violation of any rules, regulations or ordinance of Augusta-Richmond County or of state or federal law. The Amended Ordinance shall read as follows: Sec. 1-7-2. Defense in Civil Litigation. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: (1) Augusta-Richmond County. The term Augusta-Richmond County or consolidated government shall mean the same as Richmond County, Georgia and Augusta, Georgia. (2) Best Interest. The term Best Interest means authority delegated for taking any action or step the delegate thinks to be the most advantageous to the organization, under the circumstances. This power is conferred usually where it is impossible to anticipate every eventuality, or where the need for rapid decisions or quick response Item # 1  Attachment number 1 Page 5 of 14 is critical. It is normally given for a short period, or until the time adequate information is available to formulate specific directions or guidelines. Best Interest should also be defined to mean the use of Augusta-Richmond County resources that is deemed to return the highest probable financial benefits and/or human capital benefits and the least public fiscal detriment. (3) Commission. The Augusta-Richmond County Board of Commissioners. (4) Conflict of Interest. Conflict of Interest means a situation in which regard for one duty tends to lead to the disregard of another. A conflict of interest arises when a government employees’ personal or financial interest conflicts or appears to conflict with his official responsibility. These conflicts may extend to the defense of civil litigation by Augusta-Richmond County, Georgia. (5) Detour. Detour means a temporary turning aside from usual or regular task or employment. (6) Employee. Employee means any documented personnel of Augusta-Richmond County, Georgia working for it for a salary or wages, whom it has the power to control and direct in the material details of how the work is performed at the time of the incident or occurrence with the exclusion of independent contractors, independent sub-contractors, and outside consultants or professional service employees. (7) Frolic. Frolic means activities performed by an employee during working hours that are not considered to be in the course of his or her employment, since they are for the employee's personal purposes only. (b) Authorization and Immunity of Augusta-Richmond County, Georgia not waived. Nothing in this section shall be construed to constitute any waiver by Augusta-Richmond County of the governmental immunity afforded it under the laws and constitution of the state, except as specifically set forth in this section. This section shall not apply to those claims or judgments for damages of $25,000.00 or less which are authorized pursuant to O.C.G.A. tit. 33, ch. 24, art. 51 (O.C.G.A. § 33-24-51 et seq.) and which none of it constitutes a waiver of governmental immunity only up to such amount. Nothing in this section shall be construed in any way to reduce or eliminate the rights of any officer or employee against any other party. (c) Defense upon request of officers and employees. Whenever any civil litigation is instituted in or before any court of this state or of any other state or of the United States against any officer or employee in either such officer's or employee's individual or official capacity asserting personal liability for damages arising out of the performance of the official duties of such officer or employee or in any way reasonably related thereto, whether based upon negligence, violation of contract rights or violation of civil, constitutional, common law or other statutory rights, whether federal, state or local, Augusta-Richmond County, upon the written request of any such officer or employee and Item # 1  Attachment number 1 Page 6 of 14 as a part of such officer's or employee's compensation and terms of employment, subject to the limitations and exclusions as set forth in this section, may in its discretion undertake to defend the civil action on behalf of any such officer or employee by and through the office of the Augusta Law Department. (d) Expenditures for defense. Augusta-Richmond County may expend funds for such purposes, including but not limited to court costs, deposition costs, witness fees and compensation, and all other like costs, expenses and fees. (e) Notice to General Counsel of the Augusta Law Department. This section shall not apply unless the officer or employee or the department head of such officer or employee has given notice in writing of any such pending civil action to the General Counsel of the Augusta Law Department within ten days (10) after the officer or employee has received notice thereof or has been served with any such summons and complaint. (f) Grounds for refusal of defense. Augusta-Richmond County shall refuse to undertake to defend civil actions brought against any officer or employee if it is determined by the General Counsel that: (1) The act or omission did not arise out of and in the course of the employment of such officer or employee nor was the act or omission reasonably related to such employment, including a detour or frolic. (2) The officer or employee acted or failed to act because of actual or intentional misconduct, fraud, corruption or malice. (3) The defense of any such civil action by Augusta-Richmond County would create a conflict of interest between Augusta-Richmond County and the officer or employee. (4) The litigation is for the purpose of criminal prosecution. (5) Undertaking to defend against any such civil action would not be in the best interest of Augusta-Richmond County. (6) The officer or employee acted or failed to act as a result of impaired judgment caused by the voluntary consumption of alcohol or by the voluntary illegal use of any controlled substance as defined by the laws of the state. (7) Except in an emergency situation or upon the existence of extenuating circumstances, the officer or employee acted or failed to act directly contrary to the advice of the General Counsel. (8) The officer or employee acted or failed to act in such a manner as to constitute a criminal offense involving theft, embezzlement or other like crime Item # 1  Attachment number 1 Page 7 of 14 with respect to the property or money of or in which Augusta-Richmond County has an interest. (g) Conflict of interest between officers or employees. Nothing in this section shall be construed to prohibit Augusta-Richmond County from undertaking to defend against any such civil action on behalf of any officer or employee where there exists a conflict of interest with another officer or employee. If, at the initiation of or during the course of any such civil litigation, a conflict of interest arises as to the representation of any officers or employees, the General Counsel of Augusta-Richmond County shall provide representation pursuant to the following: (1) As between elected officials and other officers and employees, the General Counsel of Augusta-Richmond County shall represent the elected officials; (2) As between officers and employees, the General Counsel for Augusta- Richmond County shall make the determination, subject to the approval, by resolution duly adopted and approved, of the commission; and (3) As between elected officials, the determination shall be made by a resolution duly adopted and approved by the commission. (4) Further, where any such conflict of interest exists and a determination has been made as to which officers or employees shall be represented by the General Counsel of Augusta-Richmond County, Augusta-Richmond County in its discretion may by a resolution duly adopted and approved, authorize those officers or employees not represented by the General Counsel of Augusta- Richmond County to employ counsel at the expense of Augusta-Richmond County. However, the selection and compensation of such other counsel shall be subject to the prior approval by the commission. (h) Payment of judgments or monetary settlements. Where Augusta-Richmond County has undertaken to defend civil actions brought against officers or employees as provided by this section, Augusta-Richmond County may, in its sole discretion, by resolution duly adopted and approved by the commission, pay all or any part of final judgments awarded against officers or employees by courts of competent jurisdiction or any amount payable as a monetary settlement of any such civil action, subject to the limitations and exclusions which follow: (1) Payments on behalf of officers or employees in satisfaction of any judgment or as a monetary settlement of any pending litigation shall not exceed the total amount of $2,000.00 for any and all civil actions instituted as the result of any single or continuing incident or occurrence. (2) No sum shall be paid pursuant to this section where punitive or exemplary damages have been assessed against any officer or employee by any court of competent jurisdiction. Item # 1  Attachment number 1 Page 8 of 14 (3) No sum in excess of $25,000.00 shall be paid pursuant to this section for damages on account of bodily injury, death or property damage arising from the ownership, maintenance, operation or use of any motor vehicle by Augusta- Richmond County under its management, control or supervision, as provided for under O.C.G.A. tit. 33, ch. 24, art. 51 (O.C.G.A. § 33-24-51 et seq.). (4) No sum shall be paid pursuant to this section when the officer or employee has, without prior authorization, been represented by counsel other than the General Counsel of Augusta-Richmond County. (5) No sum shall be paid pursuant to this section unless the claimant unconditionally releases each and every officer and employee and Augusta- Richmond County from any and all suits, claims, actions, causes of action, demands, damages, costs, expenses and compensation on account of or in any way arising out of or related to any such single or continuing incident or occurrence. (i) Disbursements paid from Augusta-Richmond County funds. Any such disbursement as provided in this section shall be deemed to be for public purposes and may be paid from Augusta-Richmond County funds. Sec. 1-51. County attorney, power and authority to elect; duties, term, compensation, ineligibility for retirement benefits. The board of commissioners shall have the authority to elect an attorney-at-law who is licensed as such, and whose duty it shall be to advise and represent the said board of commissioners in all legal matters pertaining to the discharge of their official duties and to represent the interests of the county as said board of commissioners deem it proper. The term of office for said attorney shall be for one year, and he shall be elected by said board at its regular meeting in January of each year. Said attorney shall be compensated upon a fee basis or upon a fixed monthly, annually or other method of compensation as said board of commissioners deems to be in the best interest of the county. The county attorney shall be ineligible for membership under any existing pension or retirement laws of Richmond County. Sec. 1-52. Additional attorneys, authority to employ. The board of commissioners is authorized and empowered to employ additional attorneys for compensation when deemed in the best interest of the county by said board of commissioners, and to pay said compensation out of county funds. The Amended Ordinance shall read as follows: Item # 1  Attachment number 1 Page 9 of 14 Sec. 1-7-3. Augusta Law Department. (A) Augusta Law Department. (1) Authority of Department. Pursuant to Ga. L. 1995, p. 3648, the Department of Law is vested with complete and exclusive authority and jurisdiction in all matters of law relating to the executive branch of the Augusta-Richmond County government and of every department, bureau, office, institution, commission, committee, board and other agency thereof. Every department, bureau, office, institution, commission, committee, board and other agency of Augusta-Richmond County government is prohibited from employing counsel in any manner whatsoever, unless otherwise specifically authorized by law, provided that the Commission is authorized, in its discretion, to employ directly, by contract and for specific assignments, legal counsel for the limited purpose of fulfilling its obligation to provide legislative oversight to the operations of Augusta- Richmond County. (2) General Counsel’s power of appointment and removal of personnel. General Counsel, as head of the Law Department, shall have the power of appointing and removing deputy attorneys or staff attorneys, claim attorneys, investigators and clerical assistants of the Law Department. (3) Powers and duties of General Counsel, Deputy and Staff Attorneys; accountability. General Counsel, Deputy and Staff Attorneys shall: (a) General Counsel shall serve as the chief legal advisor of Augusta-Richmond County and shall be the director of the Department of Law. He or she shall perform such duties as prescribed by Charter, ordinance, or law. The General Counsel shall be responsible to the mayor and to the Augusta-Richmond County Board of Commissioners. Said attorney shall be compensated upon a fee basis or upon a fixed monthly, annually or other method of compensation as said board of commissioners deems to be in the best interest of the county. The General Counsel for Augusta-Richmond County shall be eligible for membership under any existing pension or retirement laws of Richmond County. (b) When required by the mayor, any department head, the president or any member of the Commission, give an opinion in writing on any question of law connected with the interest of the consolidated government or the duties of any of the departments; (c) Attend all meetings of the Commission, meetings of the committees of the Commission, and meetings of boards under the commission, when requested to do so by the mayor, a department head or a member of such committee; Item # 1  Attachment number 1 Page 10 of 14 (d) Superintend, administer and perform all claims work arising under O.C.G.A. tit. 34, ch. 9 (O.C.G.A. § 34-9-1 et seq.), the Workers' Compensation Act of the state; and (e) Perform any other services as are consistent with the usual and customary duties of municipal corporation counsel. (f) General Counsel and all full-time deputies or staff attorneys shall not engage in the private practice of law. (4) Investigations directed by mayor or mayor pro tem as designee of the mayor. The mayor or the mayor pro tem as designee of the mayor may, at any time, direct the General Counsel to conduct an investigation into the affairs of any consolidated government department or into the official conduct of any consolidated government official or employee or into the affairs of any person dealing with the consolidated government. (5) Investigation of departments, boards and agencies and persons having dealings with Augusta-Richmond County. (a) General Counsel, as head of the department of law and as chief legal officer of the consolidated government, is authorized and empowered to institute and conduct investigations at any time into the affairs of the following: (1) Augusta-Richmond County or any department, board, bureau, commission, institution, authority, instrumentality, retirement system or other agency of Augusta-Richmond County; or (2) Any person or organization to the extent that the person or organization shall have or shall have had any dealings with Augusta- Richmond County or any department, board, bureau, commission, institution, authority, instrumentality, retirement system or other agency of Augusta-Richmond County. (b) For such duties and responsibilities set forth in subsection (a) of this section, the investigators of Augusta-Richmond County shall, when so designated by General Counsel, be clothed with full authority as peace officers of Augusta- Richmond County. (6) Filing and prosecuting civil recovery actions. General Counsel is authorized and empowered to file and prosecute civil recovery actions in the name of the consolidated government, without prior authorization of the Commission, for those filings which are necessary to carry out Augusta-Richmond County's daily business; these actions include, but are not limited to, responsive pleadings in pending lawsuits including cross claims and counterclaims, bankruptcy claims, workers' compensation cases, account collection cases, breach of contract cases, appeals from administrative determinations, petitions for Item # 1  Attachment number 1 Page 11 of 14 certiorari with any court of appropriate jurisdiction and cases in which the statute of limitations will extinguish a valid claim of Augusta-Richmond County before Commission approval can be obtained. (7) Representation of person or cause in conflict with consolidated government's interests. Neither General Counsel nor any of the assistants or associate staff attorneys shall directly or indirectly represent, as attorney or counselor at law, any person or cause whose interests are in conflict with the interests of the consolidated government. (8) Settlement of claims. General Counsel shall have authority, without approval of the Commission, to settle all claims and suits for sums not to exceed $500.00 in each instance. Settlement of claims and suits in excess of $500.00 shall first be approved by the Commission. (9) Condemnation proceedings. Whenever the General Counsel is authorized to institute condemnation proceedings for the acquisition of additional lands by Augusta- Richmond County for any public purpose, General Counsel may bring these condemnation proceedings under any law authorizing the proceeding. (10) Real estate purchases. When real estate is purchased by Augusta-Richmond County, the title search therefor shall be made by the General Counsel or by a private attorney, whose qualifications are approved by the General Counsel and who shall make a report to General Counsel. When the title to the real estate is acquired, it may be insured by a title insurance company licensed to do business in the state whenever deemed necessary or desirable. (11) Outside counsel. General Counsel shall seek authorization from the Augusta- Richmond County Commission before hiring outside counsel where the fee for services exceeds or is expected to exceed $50,000.00 of the previously budgeted appropriations for the law department or if the law department needs to transfer fund from any other portion of the Augusta-Richmond County budget. General Counsel shall provide on a monthly basis, in writing, to all Commissioners a list of all outside counsel currently retained-or engaged by the law department including whether the general type of work being performed or to be performed by such counsel is "civil" "criminal" or "transactional" in nature. Item # 1  Attachment number 1 Page 12 of 14 Exhibit B Item # 1  Attachment number 1 Page 13 of 14 NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF AUGUSTA-RICHMOND COUNTY, GEORGIA NOTICE is hereby given that an Ordinance has been introduced to amend the Charter of Augusta-Richmond County, Georgia (Ga. Laws, 1995, p. 3648), approved March 27, 1995, said Ordinance being captioned as follows: AN ORDINANCE TO AMEND THE AUGUSTA- RICHMOND COUNTY CODE TITLE ONE, SECTION 1-7-2 AND TO AMEND THE CHARTER OF AUGUSTA- RICHMOND COUNTY, GEORGIA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF GEORGIA CONSTITUTION, ARTICLE 9, SECTION 2, PARAGRAPH I (“HOME RULE FOR COUNTIES AND MUNICIPALITIES”) AND TO CREATE A NEW SECTION 1-7-3; TO PROVIDE FOR THE DEFENSE OF AUGUSTA-RICHMOND COUNTY EMPLOYEES; TO ESTABLISH A SYSTEM OF NOTIFICATION; TO PROVIDE FOR GROUNDS OF REFUSAL; TO ESTABLISH A SYSTEM OF ADMINISTRATION; 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. A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Clerk of Commission of Augusta-Richmond County, Georgia and in the office of the Clerk of the Superior Court of Richmond County, Georgia for the purpose of examination and inspection by the public. This _______ day of _______________________, 2009. Item # 1  Attachment number 1 Page 14 of 14 _______________________________________ Clerk of Commission Item # 1  Administrative Services Committee Meeting 12/7/2009 12:45 PM Energy Efficiency Conservation Strategy Department: Planning Commission Caption: Approve Energy Efficiency and Conservation Strategy for Augusta. Background: The City is in receipt of a $1,969,000 grant from the Department of Energy through ARRA for several important energy saving projects. One of the conditions of the grant is that we must complete and submit an “Energy Efficiency and Conservation Strategy” to DOE by December 20, 2009. The City has hired Shaw Engineering to prepare the “Strategy” and they have been working diligently with appropriate Departments to complete it. The Strategy focuses on measures to reduce energy consumption associated with transportation, community assets, and at community facilities. The Strategy includes the following EECBG eligible activities; development of Energy Efficiency Strategy, Traffic signal and street lighting, energy efficiency retro-fits and reduction and capture of methane and greenhouse gasses. Analysis: Shaw will complete the Strategy after a public hearing to be held at 6 p.m. on Thursday, December 3, 2009 and present it to the Committee at the December 7 meeting for approval. Financial Impact: Strategy will identify operational and capital savings for Augusta. The cost of the Strategy will be paid from the Energy Block Grant which is 100% federal. Alternatives: Approve or disapprove the Strategy and lose the grant. Recommendation: Approve the Strategy Funds are Available in the Following N/A Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 2