Administrative Services Committee Meeting

Administrative Services Committee Commission Chamber- 10/28/2013- 12:50 PM Meeting ADMINISTRATIVE SERVICES 1. Approve an Ordinance to amend the Augusta, GA Code Title Attachments One Chapter Ten Article Nine Section 1-10-88 relating to Protestor Rights to be heard by the Board of Commissioners; 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. Motion to approve the minutes of the Administrative Services Attachments Committee held on October 7, 2013. 3. Update from staff on the RFP for the Augusta Municipal Golf Attachments Course (The Patch) to include an explanation from recreation as to why the procurement department hasn't received the necessary information to go forward. (Requested by Commissioner Donnie Smith) 4. HUD mandated Cooperation Agreement – acceptance of Attachments payment in lieu of taxes between Augusta Richmond County and the Augusta Housing Authority. The United States Housing Act of 1937 (the “Act”) requires the local governing body for the area (Augusta, GA) in which the public housing project (known as Twiggs Circle) will be located to enter into a Cooperation Agreement with the Housing Authority to provide the local cooperation required by HUD pursuant to the Act. www.augustaga.gov  Administrative Services Committee Meeting 10/28/2013 12:50 PM AN ORDINANCE TO AMEND CODE SECTION 1-10-88 RELATING TO PROCUREMENT PROTESTS. Department: Procurement Caption: Approve an Ordinance to amend the Augusta, GA Code Title One Chapter Ten Article Nine Section 1-10-88 relating to Protestor Rights to be heard by the Board of Commissioners; 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: WHEREAS, Section 1-10-88(b) of the Augusta, GA Code currently states that: “After considering the evidence presented, the Administrative Services Committee shall vote to grant or deny the protest or to send the item to the full Augusta, Georgia Commission without recommendation. Regardless of the decision made by the Committee, the protest shall be forwarded to the full Commission agenda. However, the Commission may, at its discretion, dispose of the agenda item via the Consent Agenda and the Protestor does not have the right to force the item to be moved from the Consent Agenda to the Regular Agenda;” and WHEREAS, on June 26, 2013, the Superior Court of Richmond County, Georgia entered an order in the case of Meritain Health, Inc. v. Augusta, Georgia, et al, 2012RCCV703, in which the Court expressed concern over the due process rights of protestors as currently articulated in Augusta, GA Code §1-10-88(b), especially in cases where the item is forwarded without recommendation from the Committee; andWHEREAS, it is the desire of the Commission to amend Augusta, GA Code Section 1-10-88 to address the Court’s concerns. Analysis: See attached. Financial Impact: N/A. Alternatives: N/A. Cover Memo Recommendation: Approve. Item # 1 Funds are Available in the Following N/A. Accounts: REVIEWED AND APPROVED BY: Administrator Clerk of Commission Cover Memo Item # 1  Attachment number 1 \nPage 1 ORDINANCE NO. __________________ AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE TITLE ONE CHAPTER TEN ARTICLE NINE SECTION 1-10-88 RELATING TO PROTESTOR RIGHTS TO BE HEARD BY THE BOARD OF COMMISSIONERS; 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 1-10-88(b) of the AUGUSTA, GA CODE currently states that: “After considering the evidence presented, the Administrative Services Committee shall vote to grant or deny the protest or to send the item to the full Augusta, Georgia Commission without recommendation. Regardless of the decision made by the Committee, the protest shall be forwarded to the full Commission agenda. However, the Commission may, at its discretion, dispose of the agenda item via the Consent Agenda and the Protestor does not have the right to force the item to be moved from the Consent Agenda to the Regular Agenda;” and WHEREAS, on June 26, 2013, the Superior Court of Richmond County, Georgia entered an order in the case of Meritain Health, Inc. v. Augusta, Georgia, et al, 2012RCCV703, in which the Court expressed concern over the due process rights of protestors as currently articulated in Augusta, GA Code §1-10-88(b), especially in cases where the item is forwarded without recommendation from the Committee; and WHEREAS, it is the desire of the Commission to amend AUGUSTA, GA CODE Section 1- 10-88 to address the Court’s concerns. THE AUGUSTA, GEORGIA COMMISSION hereby ordains as follows: SECTION 1. Augusta, GA Code Section 1-10-88 as forth in the Augusta, GA Code, re-adopted July 10, 2007, is hereby amended by striking this section in its entirety as set forth in “Exhibit A” hereto. A new Code Section 1-10-88 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 concerning the time or location of Commission, Committee, or Legal meetings in conflict herewith are hereby repealed. Adopted this ____ day of _______________, 2013. ______________________________ David S. Copenhaver As its Mayor Attest: Item # 1  Attachment number 1 \nPage 2 ________________________________ Lena J. Bonner, Clerk of Commission 1st Reading:______________________ 2nd Reading:______________________ Item # 1  Attachment number 1 \nPage 3 Exhibit A STRIKE: Sec. 1-10-88. Administrative Services Committee hearing procedures and effect of failure to appear at hearing. (a) Protests appearing on the Administrative Services Committee shall be treated as any other Committee agenda item, except that the Protestor, or his or her representative, shall have the right to address the Committee and to present evidence in support of the protest for a minimum of ten (10) minutes. The Procurement Director and user department shall also have the opportunity to present evidence relating to the protest for a minimum of ten (10) minutes. The Chairman of the Administrative Services Committee may grant additional time equally to each party at his or her discretion. (b) After considering the evidence presented, the Administrative Services Committee shall vote to grant or deny the protest or to send the item to the full Augusta, Georgia Commission without recommendation. Regardless of the decision made by the Committee, the protest shall be forwarded to the full Commission agenda. However, the Commission may, at its discretion, dispose of the agenda item via the Consent Agenda and the Protestor does not have the right to force the item to be moved from the Consent Agenda to the Regular Agenda. (c) Effect of Failure to Appear at Hearing. Failure on the part of the Protestor to appear before either the Administrative Services Committee of the full Augusta, Georgia Commission is considered an abandonment of their right to appeal and a failure on the part of the protestor to exhaust administrative remedies. The Procurement Director’s decision is considered final and the award shall proceed accordingly. However, the Chairman of the Administrative Services Committee or the Mayor may, at his or her discretion, grant the Protestor 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. Item # 1  Attachment number 1 \nPage 4 Exhibit B REPLACE WITH: Sec. 1-10-88. Administrative Services Committee hearing procedures and effect of failure to appear at hearing. (a) Protests appearing on the Administrative Services Committee shall be treated as any other Committee agenda item, except that the Protestor, 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 Procurement Director and user department, or their representative, shall also have the opportunity to present evidence relating to the protest for a maximum of ten (10) minutes. The Chairman of the Administrative Services Committee may grant additional time equally to each party at his or her discretion. (b) After considering the evidence presented, the Administrative 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 protest hearing and shall make such recording available to Commissioners within two (2) business days following the hearing. (c) Procedure to Speak to Full Commission Regarding Protest. A protestor 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 protestor 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 protestor 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. (d) Effect of Failure to Appear at Hearing. Failure on the part of the Protestor to appear before either the Administrative 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 protestor to exhaust administrative remedies. The Procurement Director’s decision is considered final and the award shall proceed accordingly. However, the Chairman of the Administrative Services Committee or the Mayor may, at his or her discretion, grant the Protestor one continuance to the next regularly scheduled Committee or Commission Meeting. Such continuance may only be granted during the Item # 1  Attachment number 1 \nPage 5 Committee or Commission meeting and shall be recorded on the minutes of such meeting. Item # 1  Administrative Services Committee Meeting 10/28/2013 12:50 PM Minutes Department: Clerk of Commission Caption: Motion to approve the minutes of the Administrative Services Committee held on October 7, 2013. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 2 Attachment number 1 \nPage 1 Item # 2 Attachment number 1 \nPage 2 Item # 2 Attachment number 1 \nPage 3 Item # 2 Attachment number 1 \nPage 4 Item # 2 Attachment number 1 \nPage 5 Item # 2  Administrative Services Committee Meeting 10/28/2013 12:50 PM RFP-Augusta Municipal Golf Course Department: Caption: Update from staff on the RFP for the Augusta Municipal Golf Course (The Patch) to include an explanation from recreation as to why the procurement department hasn't received the necessary information to go forward. (Requested by Commissioner Donnie Smith) Background: On August 20, 2013 the Commission approved the issuance of an RFP to explore possible options to sell, lease and/or manage the Augusta Municipal Golf Course. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 3  Administrative Services Committee Meeting 10/28/2013 12:50 PM U.S. Department of Housing and Urban Development (HUD) mandated Cooperation Agreement – Acceptance of Payment in Lieu of Taxes Department: Housing and Community Development Department (AHCDD) Caption: HUD mandated Cooperation Agreement – acceptance of payment in lieu of taxes between Augusta Richmond County and the Augusta Housing Authority. The United States Housing Act of 1937 (the “Act”) requires the local governing body for the area (Augusta, GA) in which the public housing project (known as Twiggs Circle) will be located to enter into a Cooperation Agreement with the Housing Authority to provide the local cooperation required by HUD pursuant to the Act. Background: The Housing Authority is purchasing a number of properties from the Augusta, GA Land Bank Authority. It intends to redevelop the properties into a residential public housing development referred to as “Twiggs Circle”. In order to develop the properties in this fashion, the United States Housing Act of 1937 (the “Act”) requires the local governing body (Augusta, GA) for the area in which the public housing project will be located, to enter into a Cooperation Agreement with the Housing Authority to provide the local cooperation required by HUD pursuant to the Act. This local cooperation includes exemption from real and personal property taxes, acceptance of Housing Authority payments in lieu of taxes (PILOT), and the provision at no cost (or at no greater cost) by the governing body of the same public services and facilities normally furnished to others in the community ( 24 CFR 941.201). Also, under the constitution and statutes of the State of Georgia, all Projects are exempt from all real and personal property taxes and special assessments levied or imposed by any taxing body. With respect to any project so long as: (i) such project is owned by a public body or governmental agency and is used for low-rent housing purposes; (ii) any contract between the Augusta Housing Authority and the Government for loans/annual contributions, or both in connection with such project remains in Memo Cover force and effect; or (iii) any bonds issued in connection with such Item # 4  Project remain unpaid, whichever period is the longest…….(see entire obligation explanation on HUD Form 52481, page 2, 3a, 3b, 3c and 3d - attached). Further, each annual payment (by the Augusta Housing Authority) in Lieu of Taxes shall be made after the end of the fiscal year established for such Project, and shall be in an amount equal to either: (i) ten percent (10%) of the Shelter Rent charged by the Augusta Housing Authority in respect to such Project during such fiscal year; or (ii) the amount permitted to be paid by applicable state law in effect on the date such payment is made, whichever amount is the lower. Moreover, no payment for any year shall be made to Augusta Richmond County in excess of the amount of the real property taxes which would have been paid to the County for such year if the Project were not exempt from taxation. The standard form of Cooperation Agreement (Form HUD 52481) must be used unless modifications are approved by the Area HUD Counsel because of special State or local requirements or because of changes in Federal requirements. Please find attached a Cooperation Agreement that the Housing Authority proposes to enter into with Augusta Richmond County for purposes of the Twiggs Circle development. Further, each of the public housing complexes operated by the Augusta Housing Authority is subject to a cooperation agreement between the Augusta Housing Authority and Augusta Richmond County. Also, attached are two of the agreements for your review, one entered into with the County in 1970 and one with the City in 1949. There are approximately eight similar agreements that can also be provided to you at your disposal. Since the City and the County have now merged, and many of these agreements are decades old, it makes sense for the Augusta Housing Authority to consolidate them all into one single Cooperation Agreement. Please find attached this comprehensive Cooperation Agreement. Analysis: If supported by the Augusta City Commission, the Augusta Housing Authority will be in position to provide HUD the aforementioned Cooperation Agreement for compliance/due diligence purposes. Cover Memo Item # 4 Financial Impact: As it relates to Twiggs Circle, all predevelopment work is being concluded by AHCDD to include site assemblage, the demolition of existing units, the acquisition of land disturbance permits, rezoning, and the provision of working drawings (as needed). Thus, AHCDD is being reimbursed $777,759.84 for predevelopment activities mentioned above at the time of this real estate closing scheduled for November 2013. Alternatives: None Recommended. Recommendation: Accept this HUD (mandated) Cooperation Agreement, as presented and give the Mayor authority to execute this agreement on behalf of Augusta Richmond County. Funds are Available in the Following Not Applicable Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. 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