November 20, 2014 Council Meeting agenda

Transcription

COUNCIL MEETING
AGENDA
3:00 P.M.
November 20, 2014
City Hall Council Chamber
1. INVOCATION: Pastor Antoine Shaw Full Gospel Tabernacle COGIC
2. MINUTES
3. UNFINISHED BUSINESS
4. PRESENTATIONS
5. FY 2015 BUDGET ADJUSTMENT
Action Item
6. PROPOSED ORDINANCE #2014-07: To amend the Code of the City of
Hinesville, Georgia, Chapter 10, Sections 10-2, 10-3, 10-4, clarifying the
Municipal Court Judge qualifications, creation of an Associate Municipal
Court Judge and Pro Tempore Municipal Court Judge appointments.
Informational Item
7. PROPOSED ORDINANCE #2014-05: To amend the Code of the City of Hinesville,
Georgia, Chapter 9, Article IV, Section 9-99, and also by adding a section to be
numbered, Section 9-107, eliminating the Public Hearing requirement upon the filing of
an application for a Health Club.
Informational Item
8. RE-NAMING OF WEST MILLS AVENUE: To re-name West Mills Avenue to
Edelle Osgood Street.
Action Item
9. 2015 ELECTION CONTRACT: The City of Hinesville desires to contract with the
Liberty County Board of Elections to conduct the November 2015 General Municipal
Election.
Action Item
COUNCIL MEETING
AGENDA
3:00 P.M.
November 20, 2014
10. 2015 ALCOHOLIC BEVERAGE LICENSE RENEWALS
Consumption off Premise
Clyde’s Market #3
Clyde’s Market #64
Hinesville Station
Save A Ton
Handyland II
Handyland Exxon
Action Item
11. PUBLIC HEARING FOR A NEW TAXI CAB BUSINESS: A Public Hearing to be
held for the consideration of a new Business License Application to operate a taxi cab
service - Fort Stewart Cab located at 760 E.G. Miles Parkway.
Informational Item
12. NEW TAXI CAB BUSINESS: Consideration for approval of a new Business License
Application for a taxi cab service - Fort Stewart Cab Service located at 760 E.G. Miles
Parkway.
Action Item
13. 2014 BUSINESS LICENSE REQUEST: Wynton Carter requests a new business
license to operate Karma Tattoos and Piercings located at 447 West General Screven
Way, Unit C.
Action Item
14. STORM WATER PERMITTING UPDATE: Paul Simonton and Kelly McInnis will
provide Council with a summary of the additional requirements associated with the new
storm water permit issued December 2012.
Informational Item
COUNCIL MEETING
AGENDA
3:00 P.M.
November 20, 2014
15. HINESVILLE/FT. STEWART WWTP MODIFICATION EQUIPMENT
PURCHASE: At the June 17, 2014 Council Meeting, Council approved the purchase of
an influent screen from Parkson Corporation. Paul Simonton to request approval to
withdraw the award from Parkson Corporation and award the purchase to Spaans
Babock.
Action Item
16. PUBLIC COMMENTS
17. MAYOR’S REPORT
17-1-0. Report
18. COUNCILMEMBER SHAW’S REPORT
18-1-0. HPD Crime and Citation Report Oct. 1-30, 2014
19. COUNCILMEMBER JENKINS’ REPORT
19-1-0. Dept. of Inspections Monthly Report – Oct. 2014
20. COUNCILMEMBER ANDERSON’S REPORT
20-1-0. HFD Monthly Incident Report – Oct. 2014
21. COUNCILMEMBER FLOYD’S REPORT
21-1-0. Report
22. MAYOR PRO TEM FRASIER’S REPORT
22-1-0. CH2MHILL-OMI Oct. 1-31, 2014 Operations and Status Report
23. CITY MANAGER’S REPORT
24. ADJOURN
City of Hinesville, Georgia Council Meeting
Date: November 20, 2014
Agenda Item: 5-1-0. FY '15 General Fund
Budget Adjustment
Prepared by: Billy Edwards
PURPOSE: Adjust the FY ’15 General Fund Budget for balancing purposes
BACKGROUND: Due to the defeat of the SPLOST VI referendum it is necessary to
adjust the FY ’15 General Fund budget to offset the loss in $1,340,907 of anticipated
revenue. SPLOST VI funds were anticipated for debt service ($1,152,530), police
cars ($117,760) and GDOT LMIG matching funds ($70,617).
FUNDING:
RECOMMENDATION:
valorem tax millage.
Reduce expenditures in various areas and adjust ad
ATTACHMENTS:
• 5-1-1 List of items budgeted to be funded by SPLOST VI
• 5-1-2 List of General Fund Capital expenditures by department
• 5-1-3 List of expenditure reductions presented at the Nov. 12 meeting
• 5-1-4 Budget adjustment worksheet with merit and bonus retained
PREVIOUS COUNCIL DISCUSSION:
• Various budget workshop sessions
• November 12, 2014 Council workshop
City of Hinesville
Items budgeted to be funded by SPLOST VI
Fiscal year Ended 10/31/2015
Build America Bonds - Debt Service
$
Patrol Vehicles
1,065,530
117,760
2015 LMIG Match
70,617
MCRA - Bond Debt Service (City's Portion)
($127,000 our portion of bond payment
87,000 less $40,000 we budgeted)
Total
$
1,340,907
1 mill generates $607,000 of real & personal property tax revenue
City of Hinesville
General Fund Capital by Department
FY 2015 Budget
Police Department
VEHICLES
B/W vehicles (5 @ $26,100)
Admin vehicle
130,500
26,100
DEPARTMENT OPERATING EXP
Equipment & installation costs related to new vehicles
(5 B/W vehicles -- $3,920 each)
19,600
Total costs related to police vehicles
176,200
(Total cost per B/W is $30,020)
OTHER EQUIPMENT
Mobile digital recorders (2 @ $5,519 ea)
Live Scan Machine (replacement)
Total Police Department Capital
11,038
18,016
29,054
$
205,254
Fire Department
VEHICLES
2015 SUV to replace Fire Rescue 1
26,891
Equipment & installation costs related to new vehicle
Total Fire Department Capital
3,427
$
Inspections Department
VEHICLES
SUV - Replace 1996 Ford Ranger
SUV - Replace 1998 Ford F-150
Total Inspections Capital
30,318
27,000
27,000
$
54,000
Municpal Court
VEHICLES
Replace 1997 Ford Van - Community Service
29,500
Decals and bubble light for new van
Total Municpal Court Capital
Total Capital in General Fund
600
$
30,100
$
319,672
City of Hinesville
Expenditures in General Fund
Fiscal year Ended 10/31/2015
1 mill generates $607,000 of real & personal property tax revenue
Merit Increases in General Fund
Longevity Bonuses in General Fund
$
118,926 (Includes HDDA - Does not include LCPC)
110,816 (Includes HDDA - Does not include LCPC)
Positions changed to Full Time
(change in salary & benefits for 2 FY2014 PT
38,000 postions that were upgraded to FT for FY2015)
Expense related to 1 furlough day in GF
(1 day of Salary & Related Benefits in GF -38,223 Expense for the WSF is $1,325 per day)
LCPC - COLA (A portion is included in
Outside Agency Funding)
8,483 (only a portion of this will be COH funded)
LCPC - Longevity Bonus (A portion is
Included in Outside Agency Funding)
4,566 (only a portion of this will be COH funded)
Outside Agency Funding
Live Oak Library
HDDA
LCPC
Chamber of Commerce
Midcoast Regional Airport
SEGA Friends of Fort Stewart & HAAF
326,000
316,034
329,745 **Incl portion of raises & bonuses listed above
21,000
68,264 **$40,000 of debt service is included in this
10,350 (General Fund Portion - total is $20,700)
Budget Adjustment With Merit Potential
Anticipated use of SPLOST VI
$1,340,907.00
Budgeted capital purchases **
$319,672.00
Balance
$1,021,235.00
Don't back fill the 4 currently vacant City positions in FY '15
$154,169.00
Balance
$867,066.00
$20,000.00
Cut HDA property purchase expense
Balance
$847,066.00
Longevity bonus reduction to $300 cap
$44,326.40
Balance
$802,739.60
Eliminate merit potential
$0.00
Balance
$802,739.60
Retain HDDA position as part time
$20,510.00
Balance
$782,229.60
Reduce M&C pay by 10% ****
$6,000.00
Balance
$776,229.60
Reduction in CH2MHill GF salaries/benefits
$0.00
Balance
$776,229.60
Reduction in Schools/Training and travel
$36,073.00
Balance
$740,156.60
Eliminate Ipads
$3,173.00
Balance
$736,983.60
Reduce promotional expense
$5,900.00
Balance
$731,083.60
Reduce fuel expense resulting from lower cost ***
$22,110.00
Balance
$708,973.60
Add vehicle repairs and maintenance
$12,380.00
Balance
$721,353.60
Reduce Sister City consultant contract
$8,000.00
Balance
$713,353.60
Additional millage needed *
2.21
* One mill produces
$607,000.00
** Excludes items to be purchased with grant funds
*** Fuel prices have been dropping since July. We averaged our
price per gallon since July and assumed a 10% increase.
**** Mr. Anderson and Mr. Shaw have opted out of this proposal but are canceling
plans to attend the GMA Mayors Day Conference
Impact of millage change per $100,000 of property value
$47.01
1.68
1.43
1.40
1.32
1.32
1.29
1.28
1.28
1.22
1.21
1.20
1.17
1.19
1.18
Agenda Item: 06-1-0 Proposed Ordinance #2014-07
Municipal Court Judge
Prepared by: Rose M. Kenner
Presented by: Linnie Darden, City Attorney
PURPOSE:
To present proposed Ordinance #2014-07 for review/discussion.
BACKGROUND: To amend the Code of the City of Hinesville, Georgia, Chapter 10,
Sections 10-2, 10-3, and 10-4, clarifying the Municipal Court Judge qualifications,
creation of an Associate Municipal Court Judge and Pro Tempore Municipal Court
Judge appointments. This will be presented at the December 4, 2014 Council
Meeting for discussion/adoption.
FUNDING:
RECOMMENDATION:
ATTACHMENTS:
06-1-1 Redline version Proposed Ordinance #2014-07
06-1-2 Proposed Ordinance #2014-07
06-1-3 Coastal Courier Notice
PREVIOUS COUNCIL DISCUSSION: September 18, 2014, October 2, 2014,
October 16, 2014 and November 6, 2014
Chapter 10 - MUNICIPAL COURT [1]
Sec. 10-1. - Scope of jurisdiction.
Sec. 10-2. - Appointment, qualifications of Municipal Court Judge.
Sec. 10-3. -.Appointment, qualifications of Associate Municipal Court Judge. .
Sec. 10-4. -.Pro Tempore Municipal Court Judges.
Sec. 10-5. - Record of cases.
Sec. 10-6. - Service of summons.
Comment [A1]: The new inserted Secs.10-3 and
10-4 are renamed to allow for appointment,
qualifications of Associate Municipal Court Judges
and Pro Tempore Municipal Court Judges.
Subsequent Code sections were renumbered.
Sec. 10-7. -.Subpoenas.
Sec. 10-8. - Failure to obey summons or subpoena
Sec. 10-9. - Arrest and bond.
Sec. 10-10. - Forfeiture of bond.
Sec. 10-11. - Court costs
Sec. 10-12. - Malicious prosecution.
Sec. 10-13. - Collection of fines.
Sec. 10-14. - Appeal.
Sec. 10-15. - Appointment of Prosecuting Attorney of the Municipal Court
Sec. 10-16. - Qualifications of the Prosecuting Attorney of the Municipal Court.
Sec. 10-17. - Oath.
Sec.10-18. - Duties.
Sec.10-19. - Compensation.
The jurisdiction of the Municipal Court shall be as provided in O.C.G.A. § 36-32-1.
The Municipal Court Judge shall be appointed by, and shall serve at the pleasure of,
the Mayor and at least four members of the City Council. The Municipal Court
Judge shall receive such compensation as shall be fixed by the Mayor and the City
Council. No person shall be so appointed unless he or she is a resident of the judicial
circuit in which the court is located, and shall be licensed to practice law in the State
of Georgia. Before assuming office, the judge shall take an oath, administeredgiven
by the Mayor. The oath shall state that the , that the judge will honestly and
faithfully discharge the duties of the office to the best of the judgeat person’s ability
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Comment [A2]: Additional language to show
qualifications to serve as Municipal Court Judges
pursuant to O.C.G.A. § 36-32-1.1.
without fear, favor, or partiality. The oath shall be entered upon the minutes of the
City Council.
Comment [A3]: The Municipal Court Judge will
take an oath before assuming office which is
administered by the Mayor.
Sec. 10-3. - Appointment, qualifications of Associate Municipal Court Judge.
The Mayor and at least four members of the City Council may appoint a person to
serve as an Associate Municipal Court Judge. The Associate Municipal Court Judge
may serve on a part-time basis, in the event of the disqualification, illness, or
absence of the Municipal Court Judge. The Associate Municipal Court Judge shall
serve at the pleasure of the Mayor and at least four members of the City Council.
The Associate Municipal Court Judge shall have the same qualifications as required
for a judge of the Municipal Court, and shall receive compensation as fixed by the
Mayor and the City Council. The person appointed shall have the authority to
preside in the stead of the disqualified, ill, or absent judge. Before assuming office,
the judge shall take an oath, administered by the Mayor. The oath shall state that
the judge will honestly and faithfully discharge the duties of the office to the best of
the judge’s ability without fear, favor, or partiality. The oath shall be entered upon
the minutes of the City Council.
Comment [A4]: Associate Municipal Court
Judges will be appointed on a part-time basis to
serve at the pleasure of the Mayor and at least four
City Council members. Appointees will have the
same qualifications required as a Municipal Court
Judge.
Comment [A5]: The Associate Municipal Court
Judge will take an oath before assuming office which
is administered by the Mayor.
Sec.10-4.-Pro Tempore Municipal Court Judges.
The Mayor and at least three members of the City Council may appoint persons to
serve as Pro Tempore Municipal Court Judges. A Pro Tempore Municipal Court
Judge may serve on a part-time basis, in the event of the disqualification, illness, or
absence of the Municipal Court Judge or Associate Municipal Court Judge. A Pro
Tempore Municipal Court Judge shall serve at the pleasure of the Mayor and at
least three members of the City Council. Pro Tempore Municipal Court Judges
Comment [A6]: Latest change reflects Mayor and
Council’s authority to appoint Pro Tempore
Municipal Court Judges.
shall have the same qualifications as required for a judge of the Municipal Court,
and shall receive compensation as fixed by the Mayor and the City Council. The
persons appointed shall have the authority to preside in the stead of the
disqualified, ill, or absent judge, and all actions of a Pro Tempore Municipal Court
Judge shall be binding as if performed by the Municipal Court Judge.
A record of all cases heard in the Municipal Court for violation of this Code or other
municipal ordinances shall be kept by the Clerk of the Municipal Court. Such record shall
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Comment [A7]: An appointed Pro Tempore
Municipal Court Judge will serve in the event of
disqualification, illness, or absence of the Municipal
Court Judge or an Associate Municipal Court Judge
and all actions of the Pro Tempore Municipal Court
Judges shall be binding as if performed by the
Municipal Court Judge.
contain the name of the defendant, the nature of the offense charged, the final disposition
of the case and the date of final disposition.
Misdemeanor offenses or ordinance violations within the jurisdiction of the Municipal
Court may be tried upon a uniform traffic citation, summons, citation or an accusation.
Provisions of this chapter relating to a summons may also be applied to such other forms
of process as applicable. Any person charged with violating any City ordinance shall
receive notice by service of a summons as herein provided. Such summons may be issued
by the Municipal Court Judge, the Prosecuting Attorney of the Municipal Court, director
of inspections, City manager, fire chief, chief of police, City Attorney, City Clerk, any
Department of Inspections Code Enforcement Officers or any Police Officer of the City.
The summons shall be directed to the accused and shall distinctly State the offense
charged, the time and place, as far as practicable, of the offense charged, and the day
hour, and place of trial, requiring the accused to appear before the Municipal Court Judge
to answer the accusation made. Service of the summons shall be made by a Police Officer
of the City or a Department of Inspections Code Enforcement Officer either by serving
the accused personally or by leaving a copy at the most notorious place of abode, except
that in the case of a summons issued for violation of laws or ordinances relating to
parking of motor vehicles, such summons may be directed to an unknown person as
owner of an automobile designated in the summons and may be served upon such person
by leaving a copy in or attached to such automobile.
Sec. 10-7. - Subpoenas.
The Municipal Court Judge, the Prosecuting Attorney of the Municipal Court, the
Municipal Court Clerk or a Municipal Court Deputy Clerk shall issue subpoenas for the
appearance of all witnesses necessary for the prosecution or for the defense in any case
pending before the Municipal Court. All subpoenas shall be served in the same manner as
a summons.
Sec. 10-8. - Failure to obey summons or subpoena.
Any person who fails to appear at the time and place set out in any summons or subpoena
served upon him may be guilty of contempt of court and upon conviction thereof may be
punished for same.
When a Police Officer has arrested any person for violation of any provision of this Code
or any municipal ordinance and a trial cannot be held immediately, the officer may take a
cash bond not exceeding the maximum fine for the offense, plus applicable surcharges, or
a bond with a good security, for the appearance of such person before the Municipal
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Court Judge. Such bond may only be taken in the office of the Police Department. If such
person fails or refuses to give a bond, the officer may confine him to jail until a trial can
be held; provided, that the Municipal Court Judge, in his discretion, may release such
person on his own recognizance without security.
(a) A bond forfeiture occurs at the end of the court day upon the failure of appearance of
a principal of any bond or recognizance given for the appearance of that person.
(b) An appearance bond shall not be forfeited unless the Clerk of the court gave the
surety at least 72 hours' written notice, exclusive of Saturdays, Sundays, and legal
holidays, before the time of the required appearance of the principal. Notice shall not be
necessary if the time for appearance is within 72 hours from the time of arrest; provided,
the time for appearance is Stated on the bond, or where the principal is given actual
notice in open court.
Sec. 10-11. - Court costs.
The costs which shall be charged against a defendant in the Municipal Court in the event
of his conviction shall not exceed an amount determined by the Mayor and City Council
from time to time and on file in the office of the City Clerk, which sum shall be paid into
the City Treasury.
Whenever the Municipal Court Judge, after a fair and full trial, is satisfied that any case
was frivolously or maliciously prosecuted, he shall assess the prosecution with the court
costs and such punitive damages as he deems appropriate.
State law reference— Right of action for false arrest, O.C.G.A. § 51-7-1; false
imprisonment, O.C.G.A. § 51-7-20; malicious prosecution, O.C.G.A. § 51-7-40.
When directed by the Municipal Court Judge, the City Clerk shall issue executions for
fines imposed by the court, including the costs, which executions may be levied upon any
goods or chattels, lands, or tenements of the person so fined.
Appeals from decisions of the Municipal Court shall be as provided by the laws of the
State.
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Sec. 10-15. - Appointment of Prosecuting Attorney of the Municipal Court.
The Prosecuting Attorney of the Municipal Court shall be appointed by and shall serve at
the pleasure of the Mayor and at least four members of the City Council.
Editor's note—
Ord. No. 2012-02, adopted June 12, 2012, amended ch. 10, § 10-13 to read as set
out herein. Former § 10-13 pertained to appointment of Municipal Court Solicitor.
In accordance with O.C.G.A. § 15-18-92(a) Any person appointed as the
Prosecuting Attorney of a Municipal Court shall be a member in good standing of
the State bar and admitted to practice before the appellate courts of this State.
In performing duties for the City, the Prosecuting Attorney of the Municipal
Court shall abide by the applicable rules of professional conduct set forth by the
State bar, as amended from time to time.
Editor's note—
out herein. Former § 10-14 pertained to qualifications of the Municipal
Court Solicitor.
Sec. 10-17. - Oath.
Before entering upon the duties of this office, the Prosecuting Attorney of the Municipal
Court shall, pursuant to O.C.G.A. § 15-18-93, take the following oath:
"I swear (or affirm) that I will well, faithfully, and impartially and without
fear, favor, or affection discharge my duties as Prosecuting Attorney of the
City of Hinesville."
Sec. 10-18. - Duties.
The Prosecuting Attorney of the Municipal Court shall serve as the chief legal
officer of the Municipal Court, with general responsibility for prosecuting all
cases involving State traffic offenses, City ordinance violations, and misdemeanor
and marijuana possession cases which occur within the City limits. In such
capacity, and in accordance with O.C.G.A. § 15-18-96 the Prosecuting Attorney
of the Municipal Court shall have the duty and authority to represent the
municipality:
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(1) In the Municipal Court:
a. In the prosecution of any violation of the laws or ordinances of
such municipality which is within the jurisdiction of such
Municipal Court and punishable by confinement or a fine or both
or by a civil penalty authorized by Code Section 40-6-163; and
b.In the prosecution of any violation of State laws which by
general law Municipal Courts have been granted jurisdiction to try
and dispose of such offenses, specifically including those offenses
described in Chapter 32 of Title 36 and Code Section 40-13-21;
(2) In the appeal of any case prosecuted in the Municipal Court to the
superior court or the appellate courts of this State;
(3) In any case in which the defendant was convicted in the Municipal
Court and is challenging such conviction through habeas corpus;
(4) To administer the oaths required by law to the bailiffs or other officers
of the court and otherwise to aid the presiding Judge in organizing the
court as may be necessary; and
(5) To perform such other duties as are or may be required by law or
ordinance or which necessarily appertain to such Prosecuting Attorney's
office.
The Prosecuting Attorney of a Municipal Court shall have the authority to:
(1) File, amend, and prosecute any citation, accusation, summons, or other
form of charging instrument authorized by law for use in the Municipal
Court;
(2) Dismiss, amend, or enter a nolle prosequi on any accusation, citation,
or summons filed in the Municipal Court as provided by law, except that
the Prosecuting Attorney of a Municipal Court shall not have the authority
to dismiss or enter a nolle prosequi in any case in which the accused is
charged with a violation of State law other than one which the Municipal
Court has jurisdiction to try and dispose of such offense without the
consent of the proper prosecuting officer having jurisdiction to try and
dispose of such offense. As used in this paragraph, the term 'proper
prosecuting officer' means, in the case of felonies, the district attorney
and, in the case of misdemeanors, the solicitor-general in counties where
there is a State court, or in counties where there is no solicitor-general, the
district attorney;
(3) Reduce to judgment any fine, forfeiture, or restitution imposed by the
Municipal Court as part of a sentence in an ordinance case or forfeiture of
a recognizance which is not paid in accordance with the order of the court.
A Prosecuting Attorney of a Municipal Court may institute such civil
action in the courts of this State or of the United States or any of the
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several States to enforce such judgment against the property of the
defendant; and
(4) Request and utilize the assistance of any other Municipal Prosecutor,
Solicitor-General, Assistant Solicitor-General, District Attorney, Assistant
District Attorney, or other attorney employed by an agency of this State or
its political subdivisions or authorities in the prosecution of any criminal
action.
Sec. 10-19. - Compensation.
In conformance with O.C.G.A. § 15-18-97, the Prosecuting Attorney of
the Municipal Court shall be compensated by the City as provided by local law or,
in the absence of such local law, as provided by the Mayor and Council. The
Prosecuting Attorney of the Municipal Court shall be entitled to be reimbursed for
actual expenses incurred in the performance of his or her official duties in the
same manner and rate as other municipal employees.
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Ordinance Number: # 2014-07
AN ORDINANCE
AN ORDINANCE TO AMEND THE CODE OF THE CITY OF HINESVILLE,
GEORGIA, CHAPTER 10, SECTIONS 10-2,10-3,10-4, CLARIFYING THE
MUNICIPAL COURT JUDGE QUALIFICATIONS, CREATION OF AN
ASSOCIATE MUNICIPAL COURT JUDGE AND PRO TEMPORE MUNICIPAL
COURT JUDGE APPOINTMENTS, TO PROVIDE SEVERABILITY, TO
REPEAL CONFLICTING LAWS, AND FOR OTHER PURPOSES ALLOWED
BY LAW.
WITNESSETH:
WHEREAS, Sec. 20 of the Code of the City of Hinesville, Georgia Charter
establishes a Municipal Court for the trial of all offenders against the laws or bylaws,
ordinances and regulations of said City; and
WHEREAS, the Municipal Court Judge may be appointed to serve at the pleasure of the
Mayor and City Council; and
WHEREAS, the Municipal Court Judge must be a resident of the judicial circuit in
which the court is located, and shall be licensed to practice law in the State of Georgia,
and an active member in good standing with the State Bar of Georgia; and
WHEREAS, one person may be appointed by the Mayor and City Council as an
Associate Municipal Court Judge to serve on a part-time or as needed basis in all
Municipal Court matters; and
WHEREAS, a Pro Tempore Municipal Court Judge may be appointed by the Mayor and
City Council, and may serve in the event of the disqualification, illness, or absence of the
Municipal Court Judge or Associate Municipal Court Judge; and
WHEREAS, the Mayor and Council believe it is in the City’s best interest for creation of
appointments for an Associate Municipal Court Judge and Pro Tempore Municipal Court
Judges to have the authority to preside in the stead of the Municipal Court Judge.
NOW THEREFORE, BE IT ORDAINED, by the Mayor and the Council of the City of
Hinesville, and it is hereby ordained by the authority of same, that Chapter 10, Sections
10-2, 10-3, and 10-4 of the Code of the City of Hinesville, Georgia, are hereby
amended, which sections read as follows:
SECTION I
ORDINANCE TEXT
Chapter 10 - MUNICIPAL COURT [1]
1
Sec. 10-3. -.Appointment, qualifications of Associate Municipal Court Judge.
Sec. 10-4. -.Pro Tempore Municipal Court Judges.
Sec. 10-7. -.Subpoenas.
Sec. 10-8. - Failure to obey summons or subpoena
Sec. 10-11. - Court costs
Sec. 10-15. - Appointment of Prosecuting Attorney of the Municipal Court
Sec. 10-17. - Oath.
Sec.10-18. - Duties.
Sec.10-19. - Compensation.
The jurisdiction of the Municipal Court shall be as provided in O.C.G.A. § 36-32-1.
The Municipal Court Judge shall be appointed by, and shall serve at the pleasure of, the
Mayor and at least four members of the City Council. The Municipal Court Judge shall
receive such compensation as shall be fixed by the Mayor and the City Council. No
person shall be so appointed unless he or she is a resident of the judicial circuit in which
the court is located, and shall be licensed to practice law in the State of Georgia. Before
assuming office, the judge shall take an oath, administered by the Mayor. The oath shall
state that the judge will honestly and faithfully discharge the duties of the office to the
best of the judge’s ability without fear, favor, or partiality. The oath shall be entered upon
the minutes of the City Council.
Sec. 10-3. - Appointment, qualifications of Associate Municipal Court Judge.
2
The Mayor and at least four members of the City Council may appoint a person to serve
as an Associate Municipal Court Judge. The Associate Municipal Court Judge may serve
on a part-time basis, in the event of the disqualification, illness, or absence of the
Municipal Court Judge. The Associate Municipal Court Judge shall serve at the pleasure
of the Mayor and at least four members of the City Council. The Associate Municipal
Court Judge shall have the same qualifications as required for a judge of the Municipal
Court, and shall receive compensation as fixed by the Mayor and the City Council. The
person appointed shall have the authority to preside in the stead of the disqualified, ill, or
absent judge. Before assuming office, the judge shall take an oath, administered by the
Mayor. The oath shall state that the judge will honestly and faithfully discharge the duties
of the office to the best of the judge’s ability without fear, favor, or partiality. The oath
shall be entered upon the minutes of the City Council.
Sec.10-4.-Pro Tempore Municipal Court Judges.
The Mayor and at least three members of the City Council may appoint persons to serve
as Pro Tempore Municipal Court Judges. A Pro Tempore Municipal Court Judge may
serve on a part-time basis, in the event of the disqualification, illness, or absence of the
Municipal Court Judge or Associate Municipal Court Judge. A Pro Tempore Municipal
Court Judge shall serve at the pleasure of the Mayor and at least three members of the
City Council. Pro Tempore Municipal Court Judges shall have the same qualifications
as required for a judge of the Municipal Court, and shall receive compensation as fixed
by the Mayor and the City Council. The persons appointed shall have the authority to
preside in the stead of the disqualified, ill, or absent judge, and all actions of a Pro
Tempore Municipal Court Judge shall be binding as if performed by the Municipal
Court Judge.
A record of all cases heard in the Municipal Court for violation of this Code or other
municipal ordinances shall be kept by the Clerk of the Municipal Court. Such record shall
contain the name of the defendant, the nature of the offense charged, the final disposition
of the case and the date of final disposition.
Misdemeanor offenses or ordinance violations within the jurisdiction of the Municipal
Court may be tried upon a uniform traffic citation, summons, citation or an accusation.
Provisions of this chapter relating to a summons may also be applied to such other forms
of process as applicable. Any person charged with violating any City ordinance shall
receive notice by service of a summons as herein provided. Such summons may be issued
3
by the Municipal Court Judge, the Prosecuting Attorney of the Municipal Court, Director
of Inspections, City manager, Fire Chief, Chief of Police, City Attorney, City Clerk, any
Department of Inspections Code Enforcement Officers or any Police Officer of the City.
The summons shall be directed to the accused and shall distinctly State the offense
charged, the time and place, as far as practicable, of the offense charged, and the day
hour, and place of trial, requiring the accused to appear before the Municipal Court Judge
to answer the accusation made. Service of the summons shall be made by a Police Officer
of the City or a Department of Inspections Code Enforcement Officer either by serving
the accused personally or by leaving a copy at the most notorious place of abode, except
that in the case of a summons issued for violation of laws or ordinances relating to
parking of motor vehicles, such summons may be directed to an unknown person as
owner of an automobile designated in the summons and may be served upon such person
by leaving a copy in or attached to such automobile.
Sec. 10-7. - Subpoenas.
The Municipal Court Judge, the Prosecuting Attorney of the Municipal Court, the
Municipal Court Clerk or a Municipal Court Deputy Clerk shall issue subpoenas for the
appearance of all witnesses necessary for the prosecution or for the defense in any case
pending before the Municipal Court. All subpoenas shall be served in the same manner as
a summons.
Sec. 10-8. - Failure to obey summons or subpoena.
Any person who fails to appear at the time and place set out in any summons or subpoena
served upon him may be guilty of contempt of court and upon conviction thereof may be
punished for same.
When a Police Officer has arrested any person for violation of any provision of this Code
or any municipal ordinance and a trial cannot be held immediately, the officer may take a
cash bond not exceeding the maximum fine for the offense, plus applicable surcharges, or
a bond with a good security, for the appearance of such person before the Municipal
Court Judge. Such bond may only be taken in the office of the Police Department. If such
person fails or refuses to give a bond, the officer may confine him to jail until a trial can
be held; provided, that the Municipal Court Judge, in his discretion, may release such
person on his own recognizance without security.
(a)A bond forfeiture occurs at the end of the court day upon the failure of appearance of a
principal of any bond or recognizance given for the appearance of that person.
4
(b)An appearance bond shall not be forfeited unless the Clerk of the court gave the surety
at least 72 hours' written notice, exclusive of Saturdays, Sundays, and legal holidays,
before the time of the required appearance of the principal. Notice shall not be necessary
if the time for appearance is within 72 hours from the time of arrest; provided, the time
for appearance is stated on the bond, or where the principal is given actual notice in open
court.
Sec. 10-11. - Court costs.
The costs which shall be charged against a defendant in the Municipal Court in the event
of his conviction shall not exceed an amount determined by the Mayor and City Council
from time to time and on file in the office of the City Clerk, which sum shall be paid into
the City Treasury.
Whenever the Municipal Court Judge, after a fair and full trial, is satisfied that any case
was frivolously or maliciously prosecuted, he shall assess the prosecution with the court
costs and such punitive damages as he deems appropriate.
State law reference— Right of action for false arrest, O.C.G.A. § 51-7-1; false
imprisonment, O.C.G.A. § 51-7-20; malicious prosecution, O.C.G.A. § 51-7-40.
When directed by the Municipal Court Judge, the City Clerk shall issue executions for
fines imposed by the court, including the costs, which executions may be levied upon any
goods or chattels, lands, or tenements of the person so fined.
Appeals from decisions of the Municipal Court shall be as provided by the laws of the
State.
Sec. 10-15. - Appointment of Prosecuting Attorney of the Municipal Court.
The Prosecuting Attorney of the Municipal Court shall be appointed by and shall serve at
the pleasure of the Mayor and at least four members of the City Council.
Editor's note—
out herein. Former § 10-13 pertained to appointment of Municipal Court Solicitor.
5
In accordance with O.C.G.A. § 15-18-92(a) Any person appointed as the
Prosecuting Attorney of a Municipal Court shall be a member in good standing of
the State Bar and admitted to practice before the appellate courts of this State.
In performing duties for the City, the Prosecuting Attorney of the Municipal
Court shall abide by the applicable rules of professional conduct set forth by the
State Bar, as amended from time to time.
Editor's note—
out herein. Former § 10-14 pertained to qualifications of the Municipal
Court Solicitor.
Sec. 10-17. - Oath.
Before entering upon the duties of this office, the Prosecuting Attorney of the Municipal
Court shall, pursuant to O.C.G.A. § 15-18-93, take the following oath:
"I swear (or affirm) that I will well, faithfully, and impartially and without
fear, favor, or affection discharge my duties as Prosecuting Attorney of the
City of Hinesville."
Sec. 10-18. - Duties.
The Prosecuting Attorney of the Municipal Court shall serve as the chief legal
officer of the Municipal Court, with general responsibility for prosecuting all
cases involving State traffic offenses, City ordinance violations, and misdemeanor
and marijuana possession cases which occur within the City limits. In such
capacity, and in accordance with O.C.G.A. § 15-18-96 the Prosecuting Attorney
of the Municipal Court shall have the duty and authority to represent the
municipality:
(1)In the Municipal Court:
a. In the prosecution of any violation of the laws or ordinances of
such municipality which is within the jurisdiction of such
Municipal Court and punishable by confinement or a fine or both
or by a civil penalty authorized by Code Section 40-6-163; and
b.In the prosecution of any violation of State laws which by
general law Municipal Courts have been granted jurisdiction to try
and dispose of such offenses, specifically including those offenses
described in Chapter 32 of Title 36 and Code Section 40-13-21;
6
(2)In the appeal of any case prosecuted in the Municipal Court to the
Superior Court or the Appellate Courts of this State;
(3)In any case in which the defendant was convicted in the Municipal
Court and is challenging such conviction through habeas corpus;
(4)To administer the oaths required by law to the bailiffs or other officers
of the court and otherwise to aid the presiding Judge in organizing the
court as may be necessary; and
(5)To perform such other duties as are or may be required by law or
ordinance or which necessarily appertain to such Prosecuting Attorney's
office.
The Prosecuting Attorney of a Municipal Court shall have the authority to:
(1)File, amend, and prosecute any citation, accusation, summons, or other
form of charging instrument authorized by law for use in the Municipal
Court;
(2)Dismiss, amend, or enter a nolle prosequi on any accusation, citation,
or summons filed in the Municipal Court as provided by law, except that
the Prosecuting Attorney of a Municipal Court shall not have the authority
to dismiss or enter a nolle prosequi in any case in which the accused is
charged with a violation of State law other than one which the Municipal
Court has jurisdiction to try and dispose of such offense without the
consent of the proper prosecuting officer having jurisdiction to try and
dispose of such offense. As used in this paragraph, the term 'proper
prosecuting officer' means, in the case of felonies, the District Attorney
and, in the case of misdemeanors, the Solicitor-General in counties where
there is a State court, or in counties where there is no Solicitor-General,
the District Attorney;
(3)Reduce to judgment any fine, forfeiture, or restitution imposed by the
Municipal Court as part of a sentence in an ordinance case or forfeiture of
a recognizance which is not paid in accordance with the order of the court.
A Prosecuting Attorney of a Municipal Court may institute such civil
action in the courts of this State or of the United States or any of the
several States to enforce such judgment against the property of the
defendant; and
(4)Request and utilize the assistance of any other Municipal Prosecutor,
Solicitor-General, Assistant Solicitor-General, District Attorney, Assistant
District Attorney, or other attorney employed by an agency of this State or
its political subdivisions or authorities in the prosecution of any criminal
action.
7
Sec. 10-19. - Compensation.
In conformance with O.C.G.A. § 15-18-97, the Prosecuting Attorney of the Municipal
Court shall be compensated by the City as provided by local law or, in the absence of
such local law, as provided by the Mayor and Council. The Prosecuting Attorney of the
Municipal Court shall be entitled to be reimbursed for actual expenses incurred in the
performance of his or her official duties in the same manner and rate as other municipal
employees.
SECTION II
SEVERABILITY
In the event that any section, subsection, sentence, clause or phrase of this Ordinance
shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no
manner affect the other sections, sentences, clauses, or phrases of this Ordinance, which
shall remain in full force and effect, as if the section, subsection, sentence, clause or
phrase so declared or adjudged invalid or unconstitutional were not originally a part
thereof.
SECTION III
REPEALER
All ordinances and parts of ordinances in conflict with this Ordinance are hereby
repealed.
8
SECTION IV
EFFECTIVE DATE
This Ordinance shall become effective on the ______ day of ___________, 2014.
APPROVED this _____ day of _______________, 2014, by the Mayor and Council of
the City of Hinesville.
CITY OF HINESVILLE, GEORGIA:
____________________________________
James Thomas, Jr., Mayor
____________________________________
Charles Frasier, Mayor Pro Tem
____________________________________
Jason Floyd, Council Member
____________________________________
David Anderson, Sr., Council Member
____________________________________
Keith Jenkins, Council Member
____________________________________
Kenneth Shaw, Council Member
ATTEST:
___________________________________
Sarah R. Lumpkin, City Clerk
9
Agenda Item: 07-1-0 Proposed Ordinance #2014-05
Health Club Business Amendment
Presented by: Linnie Darden, City Attorney
PURPOSE:
To present proposed Ordinance #2014-05 for review/discussion.
BACKGROUND: To amend the Code of Ordinance of the City of Hinesville, GA,
Chapter 9, Article IV, Section 9-99, and also by adding a Section to be numbered,
Section 9-107, eliminating the Public Hearing requirement upon the filing of an
application for a Health Club Business, adopting Business Licensing regulations for
Massage Parlor businesses located within the City, establishing city licensing
requirements for Massage Therapists while ensuring compliance with State
Licensing requirements,
implementing more restrictive general operating
requirements for Massage Parlor Businesses, regulations for prohibited conduct in
Massage Parlors, and enforcing probation, revocation, and suspension of a Massage
Parlor Business License for violations of said ordinance. This will be presented at
the December 4, 2014 Council Meeting for discussion/adoption.
FUNDING:
RECOMMENDATION:
ATTACHMENTS:
07-1-1
07-1-2
07-1-3
07-1-4
Redline version of Section 9-99
Redline version of Section 9-107
Proposed Ordinance #2014-05
Coastal Courier Notice
PREVIOUS COUNCIL DISCUSSION: None
Sec. 9-99. - Health club business.
(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:
Health club means a place of business with equipment and facilities for exercising and
improving physical fitness.
(b)License required; application. Each person engaging in or carrying on the business of health
clubs within the corporate limits of the City shall be required to obtain a license from the City
Clerk in the manner specified in this Code.
(c) License fee. The annual license fee for persons engaging in the health club business in the
City shall be $300.00. No half-year licenses shall be issued.
(d) Inspection of premises. All premises proposed to be used by licensees shall be inspected by
the Building Inspector and the Fire Department Inspector for the purpose of assuring that such
premises comply with all the building, sanitation, and fire prevention requirements.
() Zoning and distance requirements. . All health club businesses required to be licensed under
this ordinance shall be licensed to do business only in areas zoned C-2 or C-3. The site of the
health club business must be at least 300 feet from any church or school and at least 2,000 feet
from another existing health club. These distances are to be measured from property line to
property line.
(d) Penalty for violation. There shall be a $250.00 fine levied against each violation of the rules
and regulations set up in this section.
(e) Revocation, suspension, probation, etc. Any health club business license issued shall be
subject to suspension or revocation by the City Council upon proof of any violation of this
section.
Comment [FH1]: The proposed Ordinance
provisions will meet the Mayor and Council’s
objective to eliminate the necessity for a public
hearing.
Sec. 9- 107 . Massage Parlor Business.
(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:
Licensed massage therapist means any person who holds a valid, current, unrevoked,
and unsuspended State license in the practice of massage therapy issued by the Georgia
Board of Massage Therapy, pursuant to O.C.G.A. § 43-24A-1, et. seq., the Georgia
Massage Therapy Practice Act; and administers massages or massage therapy for
compensation.
Massage means any manner of manipulation, including but not limited to the rubbing,
touching, stroking, kneading or vibrating of the superficial parts of the body, by direct or
indirect physical contact with any portion of the body of a massage therapist or by any
form of contact with a massage apparatus.
Massage apparatus means any manual, mechanical, hydraulic, hydrokinetic, electric or
electronic device or instrument or any device or instrument operated by manual,
mechanical, hydraulic, hydrokinetic or electric power which is utilized by a massage
therapist for the purpose of administering a massage.
Massage Parlor means a commercial establishment having a fixed place of business
where any person engages in, conducts or carries on, or permits to be engaged in,
conducted or carried on, any business of giving Turkish, Russian, Swedish, vapor, sweat,
electric, salt, magnetic or any other kind or character of massage, baths, alcohol rub,
fomentation or manipulation of the body or similar procedures. Massage Parlors are
subject to regulation by a local government.
Massage therapy means the application of a system of structured touch, pressure,
movement, and holding to the soft tissue of the body in which the primary intent is to
enhance or restore health and well-being. The term includes complementary methods,
including without limitation the external application of water, superficial heat, superficial
cold, lubricants, salt scrubs, or other topical preparations and the use of commercially
available electromechanical devices which do not require the use of transcutaneous
electrodes and which mimic or enhance the actions possible by the hands; the term also
includes determining whether massage therapy is appropriate or contraindicated, or
whether referral to another health care provider is appropriate. Massage therapy shall not
include the use of ultrasound, fluid therapy, laser, and other methods of deep thermal
modalities.
Masseur means a person who gives massages professionally.
Page 1 of 5
Comment [A1]: Re-numbered Ordinance to
Sec.9-107 from Sec.9-106 due to the recent addition
to License and Business Regulations for a Precious
Metals Dealers Ordinance.
Comment [FH2]: Additional terms for
Definitions subsection (a) include the following
terms: Licensed massage therapist, massage,
massage apparatus, massage parlor, and massage
therapy.
(b) City and State License required; application.
(1) a. State License. Each person engaging in or carrying on the business of a
massage parlor within the corporate limits of the City shall be required to obtain a State
license from the Georgia Board of Massage Therapy, in the manner specified in the
Georgia Massage Therapy Practice Act, in O.C.G.A. § 43-24A-1, et. seq.. No person
other than a licensed massage therapist shall perform or offer to perform massage in a
massage parlor within the City.
b. City Business License Required. Each person who engages in the business of
operating a massage parlor in this City shall be required to obtain a license from the City
Clerk in the manner specified in this section and in chapter 9. No license shall be issued
to any massage parlor within the City under this section unless every person who
performs or offers to perform massage on its premises is a licensed massage therapist,
and it shall be unlawful to operate as a massage parlor unless all such persons are and
remain licensed massage therapists. The City license of a massage parlor that fails to
meet this requirement is subject to revocation. No person shall operate a massage parlor
without a valid, current, unrevoked, and unsuspended license from the City, pursuant to
this section.
c. Application for License. An application for a massage parlor license shall also
contain the following additional information:
(1)A complete list of the names and resident addresses of all licensed massage
therapists and employees in the business and the name and residence of the
manager or other person principally in charge.
(2)The following personal information concerning the applicant and the
manager or other persons principally in charge of the operation of the business:
a. Name, complete residence address, and residence telephone number;
b. The two previous addresses immediately prior to the present address of
the applicant;
c. The massage parlor or similar business history and experience
including whether or not such person has had such a license denied,
revoked, or suspended and the reason therefore;
d. f. All criminal convictions other than misdemeanor traffic violations
fully disclosing the jurisdiction in which convicted and the circumstances
thereof;
e.) i. A true and correct copy or original of the State license for each and
every licensed massage therapist, performing or anticipated to perform
massage at its location.
d. Conviction of a crime. No license under this section shall be issued or renewed
to any person who shall have been convicted or shall have entered a plea of nolo contendere for
any felony within ten (10) years, or two (2) misdemeanors within five (5) years, other than
traffic violations, immediately prior to the filing of the application. The term ‘conviction’ shall
Page 2 of 5
Comment [FH3]: Deletion of health clubs, and
addition of massage parlor, due to separation of
businesses into separate Ordinances.
Comment [FH4]: A State license is required for
any person engaging in or carrying on the business
of a massage parlor.
Comment [FH5]: State license is issued by the
Georgia Board of Massage Therapy pursuant to the
Georgia Massage Therapy Practice Act. Only a
licensed massage therapist may perform massages
in a massage parlor within the City.
Comment [FH6]: City Business License is
required for a massage parlor, and every person
who performs massages must be a licensed massage
therapist. City license is subject to revocation if this
requirement is not met.
Comment [FH7]: PC suggestion to delete
application requirements (c) and (d), because a copy
of the applicant’s driver license is obtained with
application.
Comment [FH8]: PC suggestion to delete
application requirement (g), because the State
Board requires for State licensing application
requirements, satisfactory results from a fingerprint
record check report conducted by GCIC and the FBI.
Comment [FH9]: A copy or original of the State
license is needed for each and every licensed
massage therapists, that may perform or
anticipated to perform massages at a massage
parlor.
include an adjudication of guilty or plea of guilty or nolo contendere or the forfeiture of a bond
in part or in whole when charged with a crime. Licenses granted to persons who fail to meet this
requirement at any time shall be subject to revocation.
(c) License fee. The annual license fee for persons engaging in the massage parlor business in
the City shall be $300.00. No half-year licenses shall be issued.
(d) Public hearing. Upon the filing of an application for a massage parlor business license, the
City Clerk shall fix a time and place for a public hearing thereon. Notice of such hearing shall be
published in the official gazette of Liberty County.
(e) General operating requirements.
(1)Each massage parlor shall post its license obtained pursuant to this section,
along with the State license of each person licensed as a licensed massage
therapist, in a conspicuous place in the licensee’s place of business, and shall keep
such licenses there at all times. (2)Every person who operates a massage parlor
business shall at all times keep an appointment book in which the name and
address of each patron shall be entered, the type of massage treatment
administered, and the name of the licensed massage therapist administering the
massage treatment. Such appointment book shall be available during regular
business hours for inspection by the Chief of Police.
(3)The licensee shall have the premises supervised at all times when open for
business and at least one person who qualifies as a licensed massage therapist or
masseur shall be on the premises at all times while the establishment is open.
(4)No person who operates a massage parlor business shall permit any massage
service or practice to be carried on within any cubicle, room, booth, or other area
that is fitted with a door capable of being locked.
(5) No person shall sell, give, dispense, provide or keep any alcoholic beverage
on the premises.
(6) Clean and sanitary towels and linen shall be provided for each customer
receiving massage services; no common use of towels or linens shall be
permitted;
(7) Adequate equipment for disinfecting and sterilizing any instruments used for
massage treatments shall be provided;
(8)All walls, ceilings, floors, pools, showers, bathtubs, steam or vapor rooms, and
all other physical facilities for the establishment shall be kept in good repair and
maintained in a clean and sanitary condition;
(9) All massage therapists shall be completely clothed during all times when
administering a massage. For the purposes of this subsection, the term
“completely clothed” means having on the upper portion of the body appropriate
undergarments and either blouse or shirt which shall cover all the upper body save
the arms and means having on the lower body appropriate undergarments plus
either pants or skirt, and such pants or skirt must cover from the waist down to a
point at least two inches above the knee. (10) It shall be unlawful for any person
Page 3 of 5
Comment [FH10]: No license will be issued or
renewed to any person who has a conviction, pled
nolo contendere for any felony within ten (10)
years, or two (2) misdemeanors within five (5)
years, other than traffic violations.
Comment [A11]: A public hearing will be held
upon filing of an application for a massage parlor
business license.
Comment [FH12]: Additional general operating
requirements for massage parlors designed for the
health, protection, and safety of the occupants.
Comment [FH13]: Business License must be
posted along with State license of each licensed
massage therapist in a conspicuous place and kept
at all times on the premises.
Comment [FH14]: The City no longer issues
massage permits due to State licensing
requirement.
or persons operating a massage parlor to permit persons under eighteen (18) years
of age to enter the licensed premises, unless such minor is accompanied with a
parent or guardian, has the written, notarized permission of the parent or guardian,
or has a written prescription from a chiropractor, physician, surgeon, osteopath, or
podiatrist who has a valid, current license, issued pursuant to State law. It shall be
the duty of the operator of such massage parlor to determine the age of the
persons patronizing such massage parlor.
(11) Price rates for all services shall be prominently posted in the reception area
or other conspicuous location available for all prospective customers. No service
shall be allowed or permitted that is not prominently posted with its fees in such
location.
(12) Any massage parlor business license issued shall be subject to suspension or
revocation by the Mayor and City Council upon proof of any violation of this
section.
(f) Prohibited conduct. No person shall receive a massage unless the patron is covered
by opaque material, such as a towel or shorts, covering the hips, genitals, and anal area.
No massage therapist shall touch the genitals or anal area of any patron, or the breast if
the patron is a female, nor shall a patron touch the genitals or anal area of a massage
therapist, and if the massage therapist is a female the prohibited area shall include the
breast.
(1) No massage parlor shall act as an escort or dating service.
(2) It shall be unlawful for any person to massage any other person, or give or
administer any bath or baths, or to give or administer any of the other things mentioned in
this article for immoral purposes, or in a manner intended to arouse, appeal to or gratify
the lust or passions or sexual desires. Any violation of this provision shall be deemed
grounds for revocation of the business license granted under this section.
(g)Penalty for violation. There shall be a $250.00 fine levied against each violation of
the rules and regulations set up in this section.
((h) Probation, revocation or suspension. Pursuant to Section 9-25 of the Code of
Ordinances, the Mayor and City Council may, upon notice and a hearing for due cause,
revoke or suspend or place on probation the license of any massage parlor. However, the
following additional conduct and violations are also grounds for license revocation,
suspension or probation:
(1) Licensee or licensee’s employees commits or allows any violations of the
provisions of this section of the City Code:
(2) Failure of the licensee to maintain initial qualifications and requirements for
obtaining the license;
(3)The licensee is guilty of employing any person who is not a licensed massage
therapist and allowing or permitting such person to administer massage in the
establishment;
Page 4 of 5
Comment [FH15]: Prohibited conduct will
prevent criminal behavior and the association at
massage parlors with illegal sexual conduct, such as
solicitation, pandering, pimping, prostitution,
sodomy, lewdness, and other sexual conduct.
(4) The premises in which the massage parlor is located are in violation of any of
the federal, state, county, or municipal laws designed for the health, protection, and safety
of the occupants.
(5) The premises are in violation of the City’s building code or of this section;
(6) The original application or renewal thereof contains materially false
information or the applicant has deliberately sought to falsify information contained
therein;
(7)The licensee or any of the licensee’s employees or agents has been convicted
or has pled guilty or nolo contendere to a felony or to a misdemeanor involving moral
turpitude or to any charge of incest, solicitation of sodomy, public indecency,
prostitution, pimping, pandering, pandering by compulsion, masturbation for hire or the
distribution of material depicting nudity or sexual conduct as defined under State law and
in connection with the operation of a massage parlor;
(8) Failure of the licensee to actively supervise and monitor the conduct of the
employees, customers, and others on the premises in order to protect the health, safety,
and well-being of the general public and the customers;
(9) Licensee allows any massage therapist, working on the massage parlor’s
premises, to commit or offer to commit a sexual crime under O.C.G.A. Title 16, Chapter
6; and
(10) A massage therapist who has an infectious or communicable disease has
administered a massage.
Page 5 of 5
Comment [FH16]: Massage Parlor license may
be revoked, suspended or placed on probation for
the following grounds.
Ordinance No. 2014-05
AN ORDINANCE
AN ORDINANCE TO AMEND THE CODE OF THE CITY OF HINESVILLE,
GEORGIA, CHAPTER 9 ARTICLE IV, SECTION 9-99, AND ALSO BY ADDING A
SECTION TO BE NUMBERED, SECTION 9-107, ELIMINATING THE PUBLIC
HEARING REQUIREMENT UPON THE FILING OF AN APPLICATION FOR A
HEALTH CLUB BUSINESS LICENSE, ADOPTING BUSINESS LICENSING
REGULATIONS FOR MASSAGE PARLOR BUSINESSES LOCATED WITHIN THE
CITY, ESTABLISHING CITY LICENSING REQUIREMENTS FOR MASSAGE
THERAPISTS WHILE ENSURING COMPLIANCE WITH STATE LICENSING
REQUIREMENTS, IMPLEMENTING MORE RESTRICTIVE GENERAL OPERATING
REQUIREMENTS FOR MASSAGE PARLOR BUSINESSES, REGULATIONS FOR
PROHIBITED CONDUCT IN MASSAGE PARLORS, AND ENFORCING PROBATION,
REVOCATION, AND SUSPENSION OF A MASSAGE PARLOR BUSINESS LICENSE
FOR VIOLATIONS OF SAID ORDINANCE; TO PROVIDE SEVERABILITY, TO
REPEAL CONFLICTING LAWS, AND FOR OTHER PURPOSES ALLOWED BY
LAW.
WITNESSETH:
WHEREAS, the Mayor and Council are authorized to license and regulate businesses; and
WHEREAS, the elimination of a public hearing upon the filing of an application for a health
club business is not necessary for the City to gather information in making a determination of
issuing a health club business license; and
WHEREAS, the Mayor and Council find that a public hearing is not in the best interests of the
public to encourage citizen involvement in the health club business licensing procedure; and
WHEREAS, the massage parlor business has a significant impact upon the economy, the wellbeing of the City, and its local communities, and business licensing of such businesses are
necessary for the public health and welfare; and
WHEREAS, the City finds that the operation of unlicensed massage parlors and practitioners
directly and detrimentally affects the community’s health, morals, safety, and welfare, and that it
is necessary to regulate such businesses to prevent their use for unlawful and illegal activities;
and
WHEREAS, the City further finds that preservation of the City’s businesses, neighborhoods,
churches, schools, and parks will be achieved through the adoption of these business licensing
regulations; and
WHEREAS, the massage parlor business licensing regulations will advance the fundamental
goal of protecting the health, morals, safety, and welfare of the citizens of the City, and also
Page 1 of 9
prevent the adverse impact of unlicensed massage therapists and the parlors and businesses of
like character which practice illegal sexual activities for compensation; and
WHEREAS, the purposes and intent of the Mayor and Council will further legitimate
government interests, including reduction of criminal activity, protection against devaluation and
deterioration of property, and elimination of undesirable community conditions associated with
massage parlors that employ unlicensed masseuses by prohibiting unlicensed massage therapy,
and by prohibiting the escort dating services in connection with massage parlors.
NOW THEREFORE, BE IT ORDAINED, by the Mayor and the Council of the City of
Hinesville, and it is hereby ordained by the authority of same, that Chapter 9, Article I, is
hereby amended by adding a section to be numbered Section 9-106, of the Code of the City of
Hinesville, Georgia, which section reads as follows:
SECTION I
ORDINANCE TEXT
Chapter 9 - LICENSING AND BUSINESS REGULATIONS
ARTICLE IV. - MISCELLANEOUS BUSINESS REGULATIONS
Sec. 9-88. - Malt beverage brewers and dealers.
Sec. 9-89. - Wine retailers.
Sec. 9-90. - Alcoholic beverage manufacturers and dealers.
Sec. 9-91. - Solid waste collectors.
Sec. 9-92. - Pawnbrokers; secondhand dealers.
Sec. 9-93. - Used car dealers.
Sec. 9-94. - Junk dealers and junkyards.
Sec. 9-95. - Auctions.
Sec. 9-96. - Circuses, carnivals, and public exhibitions.
Sec. 9-97. - Billiard and pool rooms.
Sec. 9-98. - Fortunetelling, etc.
Sec. 9-100. - Tattooing, etc.
Sec. 9-101. - Wrecker service operations.
Sec. 9-102. - Vehicle storage facility.
Sec. 9-103. - Transient merchants, peddlers and solicitors.
Sec. 9-104. - Charitable and noncommercial carwashes.
Sec. 9-105. - Adult in-home services.
Sec. 9-106. -Precious metals dealers.
Secs.9-107.- Massage parlor business.
Secs.9-108—9-130. - Reserved.
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(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:
Health club means a place of business with equipment and facilities for exercising and
improving physical fitness.
(b)License required; application. Each person engaging in or carrying on the business of health
clubs within the corporate limits of the City shall be required to obtain a license from the City
Clerk in the manner specified in this Code.
(c) License fee. The annual license fee for persons engaging in the health club business in the
City shall be $300.00. No half-year licenses shall be issued.
(d) Penalty for violation. There shall be a $250.00 fine levied against each violation of the rules
and regulations set up in this section.
(e) Revocation, suspension, probation, etc. Any health club business license issued shall be
subject to suspension or revocation by the City Council upon proof of any violation of this
section.
Sec. 9- 107. Massage parlor business.
(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:
Licensed massage therapist means any person who holds a valid, current, unrevoked,
and unsuspended State license in the practice of massage therapy issued by the Georgia
Board of Massage Therapy, pursuant to O.C.G.A. § 43-24A-1, et. seq., the Georgia
Massage Therapy Practice Act; and administers massages or massage therapy for
compensation.
Massage means any manner of manipulation, including but not limited to the rubbing,
touching, stroking, kneading or vibrating of the superficial parts of the body, by direct or
indirect physical contact with any portion of the body of a massage therapist or by any
form of contact with a massage apparatus.
Massage apparatus means any manual, mechanical, hydraulic, hydrokinetic, electric or
electronic device or instrument or any device or instrument operated by manual,
mechanical, hydraulic, hydrokinetic or electric power which is utilized by a massage
therapist for the purpose of administering a massage.
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Massage Parlor means a commercial establishment having a fixed place of business
where any person engages in, conducts or carries on, or permits to be engaged in,
conducted or carried on, any business of giving Turkish, Russian, Swedish, vapor, sweat,
electric, salt, magnetic or any other kind or character of massage, baths, alcohol rub,
fomentation or manipulation of the body or similar procedures. Massage Parlors are
subject to regulation by a local government.
Massage therapy means the application of a system of structured touch, pressure,
movement, and holding to the soft tissue of the body in which the primary intent is to
enhance or restore health and well-being. The term includes complementary methods,
including without limitation the external application of water, superficial heat, superficial
cold, lubricants, salt scrubs, or other topical preparations and the use of commercially
available electromechanical devices which do not require the use of transcutaneous
electrodes and which mimic or enhance the actions possible by the hands; the term also
includes determining whether massage therapy is appropriate or contraindicated, or
whether referral to another health care provider is appropriate. Massage therapy shall not
include the use of ultrasound, fluid therapy, laser, and other methods of deep thermal
modalities.
Masseur means a person who gives massages professionally.
(b)City and State License required; application.
(1) a. State License. Each person engaging in or carrying on the business of a
massage parlor within the corporate limits of the City shall be required to obtain a State
license from the Georgia Board of Massage Therapy, in the manner specified in the
Georgia Massage Therapy Practice Act, in O.C.G.A. § 43-24A-1, et. seq.. No person
other than a licensed massage therapist shall perform or offer to perform massage in a
massage parlor within the City.
b. City Business License Required. Each person who engages in the business
of operating a massage parlor in this City shall be required to obtain a license from the
City Clerk in the manner specified in this section and in chapter 9. No license shall be
issued to any massage parlor within the City under this section unless every person who
performs or offers to perform massage on its premises is a licensed massage therapist,
and it shall be unlawful to operate as a massage parlor unless all such persons are and
remain licensed massage therapists. The City license of a massage parlor that fails to
meet this requirement is subject to revocation. No person shall operate a massage parlor
without a valid, current, unrevoked, and unsuspended license from the City, pursuant to
this section.
c. Application for License. An application for a massage parlor license shall also
contain the following additional information:
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(1)A complete list of the names and resident addresses of all licensed
massage therapists and employees in the business and the name and residence of
the manager or other person principally in charge.
(2)The following personal information concerning the applicant and the
manager or other persons principally in charge of the operation of the business:
a. Name, complete residence address, and residence telephone
number;
b. The two previous addresses immediately prior to the present
address of the applicant;
c. The massage parlor or similar business history and experience
including whether or not such person has had such a license denied,
revoked, or suspended and the reason therefore;
d. All criminal convictions other than misdemeanor traffic
violations fully disclosing the jurisdiction in which convicted and the
circumstances thereof;
e. A true and correct copy or original of the State license for each
and every licensed massage therapist, performing or anticipated to perform
massage at its location.
d. Conviction of a crime. No license under this section shall be issued or renewed
to any person who shall have been convicted or shall have entered a plea of nolo
contendere for any felony within ten (10) years, or two (2) misdemeanors within five (5)
years, other than traffic violations, immediately prior to the filing of the application. The
term ‘conviction’ shall include an adjudication of guilty or plea of guilty or nolo
contendere or the forfeiture of a bond in part or in whole when charged with a crime.
Licenses granted to persons who fail to meet this requirement at any time shall be subject
to revocation.
(c) License fee. The annual license fee for persons engaging in the massage parlor business in
the City shall be $300.00. No half-year licenses shall be issued.
(d) Public hearing. Upon the filing of an application for a massage parlor business license, the
City Clerk shall fix a time and place for a public hearing thereon. Notice of such hearing shall be
published in the official gazette of Liberty County.
(e) General operating requirements.
(1)Each massage parlor shall post its license obtained pursuant to this section,
along with the State license of each person licensed as a licensed massage
therapist, in a conspicuous place in the licensee’s place of business, and shall keep
such licenses there at all times.
(2)Every person who operates a massage parlor business shall at all times keep an
appointment book in which the name and address of each patron shall be entered,
the type of massage treatment administered, and the name of the licensed massage
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therapist administering the massage treatment. Such appointment book shall be
available during regular business hours for inspection by the Chief of Police.
(3)The licensee shall have the premises supervised at all times when open for
business and at least one person who qualifies as a licensed massage therapist or
masseur shall be on the premises at all times while the establishment is open.
(4)No person who operates a massage parlor business shall permit any massage
service or practice to be carried on within any cubicle, room, booth, or other area
that is fitted with a door capable of being locked.
(5) No person shall sell, give, dispense, provide or keep any alcoholic beverage
on the premises.
(6) Clean and sanitary towels and linen shall be provided for each customer
receiving massage services; no common use of towels or linens shall be
permitted;
(7) Adequate equipment for disinfecting and sterilizing any instruments used for
massage treatments shall be provided;
(8)All walls, ceilings, floors, pools, showers, bathtubs, steam or vapor rooms, and
all other physical facilities for the establishment shall be kept in good repair and
maintained in a clean and sanitary condition;
(9) All massage therapists shall be completely clothed during all times when
administering a massage. For the purposes of this subsection, the term
“completely clothed” means having on the upper portion of the body appropriate
undergarments and either blouse or shirt which shall cover all the upper body save
the arms and means having on the lower body appropriate undergarments plus
either pants or skirt, and such pants or skirt must cover from the waist down to a
point at least two inches above the knee.
(10) It shall be unlawful for any person or persons operating a massage parlor to
permit persons under eighteen (18) years of age to enter the licensed premises,
unless such minor is accompanied with a parent or guardian, has the written,
notarized permission of the parent or guardian, or has a written prescription from
a chiropractor, physician, surgeon, osteopath, or podiatrist who has a valid,
current license, issued pursuant to State law. It shall be the duty of the operator of
such massage parlor to determine the age of the persons patronizing such massage
parlor.
(11) Price rates for all services shall be prominently posted in the reception area
or other conspicuous location available for all prospective customers. No service
shall be allowed or permitted that is not prominently posted with its fees in such
location.
(12)Any massage parlor business license issued shall be subject to suspension or
revocation by the City Council upon proof of any violation of this section.
(f) Prohibited conduct. No person shall receive a massage unless the patron is covered by
opaque material, such as a towel or shorts, covering the hips, genitals, and anal area. No
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massage therapist shall touch the genitals or anal area of any patron, or the breast if the
patron is a female, nor shall a patron touch the genitals or anal area of a massage
therapist, and if the massage therapist is a female the prohibited area shall include the
breast.
(1) No massage parlor shall act as an escort or dating service.
(2) It shall be unlawful for any person to massage any other person, or give or
administer any bath or baths, or to give or administer any of the other things mentioned in
this article for immoral purposes, or in a manner intended to arouse, appeal to or gratify
the lust or passions or sexual desires. Any violation of this provision shall be deemed
grounds for revocation of the business license granted under this section.
(g)Penalty for violation. There shall be a $250.00 fine levied against each violation of the
rules and regulations set up in this section.
(h) Probation, revocation or suspension. Pursuant to Section 9-25 of the Code of
Ordinances, the Mayor and City Council may, upon notice and a hearing for due cause,
revoke or suspend or place on probation the license of any massage parlor. However, the
following additional conduct and violations are also grounds for license revocation,
suspension or probation:
(1) Licensee or licensee’s employees commits or allows any violations of the
provisions of this section of the City Code:
(2) Failure of the licensee to maintain initial qualifications and requirements for
obtaining the license;
(3)The licensee is guilty of employing any person who is not a licensed massage
therapist and allowing or permitting such person to administer massage in the
establishment;
(4) The premises in which the massage parlor is located are in violation of any of
the federal, state, county, or municipal laws designed for the health, protection, and safety
of the occupants.
(5) The premises are in violation of the City’s building code or of this section;
(6) The original application or renewal thereof contains materially false
information or the
applicant has deliberately sought to falsify information contained therein;
(7)The licensee or any of the licensee’s employees or agents has been convicted
or has pled guilty or nolo contendere to a felony or to a misdemeanor involving moral
turpitude or to any charge of incest, solicitation of sodomy, public indecency,
prostitution, pimping, pandering, pandering by compulsion, masturbation for hire or the
distribution of material depicting nudity or sexual conduct as defined under State law and
in connection with the operation of a massage parlor;
(8) Failure of the licensee to actively supervise and monitor the conduct of the
employees, customers, and others on the premises in order to protect the health, safety,
and well-being of the general public and the customers;
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(9) Licensee allows any massage therapist, working on the massage parlor’s
premises, to commit or offer to commit a sexual crime under O.C.G.A. Title 16,
Chapter 6; and
(10) A massage therapist who has an infectious or communicable disease has
administered a massage.
SECTION II
SEVERABILITY
In the event that any section, subsection, sentence, clause or phrase of this Ordinance shall be
declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the
other sections, sentences, clauses, or phrases of this Ordinance, which shall remain in full force
and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged
invalid or unconstitutional were not originally a part thereof.
SECTION III
REPEALER
All ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed.
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SECTION IV
EFFECTIVE DATE
This Ordinance shall become effective on the ______ day of ___________, 2014.
APPROVED this _____ day of _______________, 2014, by the Mayor and Council of the City
of Hinesville.
CITY OF HINESVILLE, GEORGIA:
____________________________________
James Thomas, Jr., Mayor
____________________________________
Charles Frasier, Mayor Pro Tem
____________________________________
Jason Floyd, Council Member
____________________________________
David Anderson, Sr., Council Member
____________________________________
Keith Jenkins, Council Member
____________________________________
Kenneth Shaw, Council Member
ATTEST:
___________________________________
Sarah R. Lumpkin, City Clerk
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Agenda Item: 08-1-0 Re-naming West Mills Avenue
Prepared by: Billy Edwards
Presented by: Billy Edwards
PURPOSE: To discuss re-naming West Mills Avenue
BACKGROUND: During the City Annual Planning Workshop Mayor Pro-tem Frasier
discussed his desire to rename West Mills Avenue to Edelle Osgood Street. The
decision was made to identify the property owners and residents that would be
affected by the change, provide that information to the Mayor and Council for further
discussion prior to a final decision on the name change. A map is attached that
provides the requested information.
FUNDING:
RECOMMENDATION:
ATTACHMENTS:
08-1-1 letter to residents/property owners of W. Mills Avenue
08-1-2 Map for West Mills Avenue
PREVIOUS COUNCIL DISCUSSION: City Planning Workshop 2014 and November
6, 2014 Council Meeting
BOOK
112 Unit A
110
107
W MIL
LS AV
055D 041
101
9 Units
E
101
PEAR
L
LN
112 Unit B
109
IN ST
111
403
055D 042
N MA
124
115
055D
068
055D 069
B U LA
REBEC
403
H LN
CA S
T
055D 061
055D 070
SON
ST
055D
071
JACK
055D
073
TARV
ER S
T
É
ER ST
055D 076
055D 074
055D 084
055D 074
E MILL
S AVE
327
055D 081
Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the
GIS User Community
Water Dept. Customer
JOHNNY HARRIS
MILTON ANDERSON
BRENTON D SMITH
FRANCES ANDERSON
ANTHONY BRYANT
EDELLE OSGOOD
GREGORY D STEVENSON
STANLEY E BROWN
FIRST CALVARY BAPT CHURCH
Address
101 W MILLS AVE
107 W MILLS Ave
109 W MILLS AVE
110 W MILLS Ave
111 W MILLS AVE
112 W MILLS Ave Apt A
112 W MILLS Ave Apt B
115 W MILLS Ave
124 W MILLS AVE
Property Owner
HENRY OSGOOD
HENRY & EDELLE OSGOOD
MILTON ANDERSON
111 WEST MILLS AVENUE LLC
JOHNNY HARRIS
ANDERSON FAMILY LIMITED
Claude and Loretta Dryden
SAMUEL BACON
PAUL & THERSEA A KERWAN
MARSHA ANN CRUMMER
FIRST CALVARY BAPTIST
WOLFSON FAMILY TRUST
Parcel No.
055D 081
055D 076
055D 069
055D 071
055D 042
055D 070
055D 041
055D 061
055D 068
055D 073
055D 074
055D 084
Legend
Water Dept. Customers
West Mills Avenue
Hinesville, GA
September 19, 2014
W Mills Ave Property Owners
Parcels
0
60
120
180
240
Feet
Agenda Item: 09-1-0 2015 Election Contract
PURPOSE: To approve the contract between the Liberty County Board of Elections
and the City of Hinesville to conduct the 2015 General Municipal Election.
BACKGROUND: The City of Hinesville desire to contract with the Liberty County
Board of Elections to conduct the November 2015 General Municipal Election.
FUNDING:
RECOMMENDATION:
ATTACHMENTS:
09-1-1 Election Contract
09-1-2 Election Contract redline
STATE OF GEORGIA
COUNTY OF LIBERTY
AGREEMENT TO CONDUCT MUNICIPAL ELECTIONS PURSUANT TO
GEORGIA ELECTION CODE SECTION 21-2-45(c)
THIS AGREEMENT TO CONDUCT MUNICIPAL ELECTIONS PURSUANT
TO GEORGIA ELECTION CODE SECTION 21-2-45(c) (the “Agreement”) is made
and entered into as of the Effective Date (as defined below), by and between the CITY
OF HINESVILLE, GEORGIA, a municipal corporation organized and existing under
the laws of the State of Georgia (hereinafter referred to as the “City”), and LIBERTY
COUNTY, GEORGIA, a political subdivision of the State of Georgia (hereinafter
referred to as the “County”). This Agreement is joined by the Liberty County Board of
Elections and Registration to the fullest extent required by the laws of the State of
Georgia.
WITNESSETH:
WHEREAS, under the provisions of the Georgia Election Code, particularly
Section 21-2-45(c) thereof, the City may by ordinance authorize the County to conduct
such elections as the City deems necessary and expedient, and the City has previously
adopted such an ordinance; and
WHEREAS, the City desires to continue the voting practice of contracting with
the County pursuant to the approval of the Liberty County Board of Elections and
Registration to conduct the November 2015 General Election (hereinafter referred to as
the “Election”); and
WHEREAS, the City has authorized the Mayor and Clerk to enter into this
Agreement with the County, and the County has agreed to conduct and supervise such
Election for the City upon the terms and conditions hereinafter set forth; and
WHEREAS, this Agreement was presented and approved at meetings of the
governing authorities of both the County and the City pursuant to lawful and duly given
notice as required by O.C.G.A. § 50-14-1 et seq..
NOW, THEREFORE, in consideration of the mutual promises, covenants and
undertakings of the parties hereto the City and County agree as follows:
1. Supervision of Municipal Election. Subject to the terms and conditions set
forth herein, the County, through its Board of Elections and Registration, shall
conduct for the City the Election above. Wherever in this Agreement the
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words Elections or Election or their equivalent, are referred to, such reference
shall be deemed to include the aforesaid election held on November 3, 2015.
2. Services Provided. The County Board of Elections and Registration shall, on
behalf of the City, perform all duties and functions of the superintendent of
elections as specified under the Georgia Election Code, to include, without
limitation, the following (collectively, the “Election Services”):
(a)
Hear and decide any challenges to the qualifications of
candidates pursuant to O.C.G.A. § 21-2-6 and other applicable
laws; provided, however, that the City shall act as the
qualifying officer with respect to the initial candidate
qualification in accordance with Georgia law.
(b)
Print all ballots;
(c)
Provide the necessary number of Direct Recording Electronic
(DRE) Voting Systems (or other voting systems required by
Georgia law);
(d)
Select, employ, instruct and supervise poll officials (Managers,
Assistant Managers, Clerks and Custodians) and other
employees;
(e)
Pay all costs necessary or proper for the holding of the
November 2015 Election including, but not limited to, printed
ballots and election day officials’ per diem;
(f)
Designate, prepare and equip the polling place for use in the
election;
(g)
Make and issue such rules, regulations and instructions as are
necessary or proper for the holding of the November 2015
Election, and which are consistent with law (including the rules
and regulations necessary for the guidance of poll officers,
voting machine custodians and electors);
(h)
Order all supplies necessary to the conduct of the November
2015 Election from the Secretary of State or such other person
as permitted by law;
(i)
Furnish the proper election officials all forms, including tally
and return sheets, for use in the November 2015 Election; such
forms to have printed thereon appropriate instructions for their
use;
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(j)
Furnish upon request a certified copy of any document in its
custody by virtue of the Georgia Municipal Election Code and
to fix and charge a fee to cover the cost of furnishing same in
accordance with applicable law;
(k)
Supervise the inspection of all DRE voting systems;
(l)
Receive from poll officers the election returns, canvass and
compute the same, and certify as soon as practicable following
the November 2015 Election the results thereof to such
authorities as may be prescribed by law;
(m)
Announce publicly by posting in the office of the Board of
Elections and Registration the election results;
(n)
Conduct the November 2015 Election in such manner as to
guarantee the secrecy of the ballot and to perform such other
duties as may be prescribed by law; and
(o)
Obtain voters list;
PROVIDED, HOWEVER, that it shall be the City’s sole responsibility to (i) receive
notices of candidacy and determine if candidates are qualified to seek and hold public
office for which such candidate is offering; and (ii) prepare and cause to be published or
otherwise posted any and all calls and other notices required by law regarding
qualification of candidates and the occurrence of the November 2015 Election.
3. Payment by City. The City shall reimburse the County all costs and
expenses incurred by the County and its Board of Elections and Registration
in performing the Election Services, including, without limitation, the actual
costs of printing ballots, publication of notices, and labor per diem, as well as
the costs of all necessary supplies and any rental equipment necessary or
desirable in connection with the 2015 Election. Unless otherwise, agreed to in
writing by the City and Board of Elections and Registration, the County shall
only perform those functions specifically enumerated in the above Paragraph
2. The City shall also pay the County an administrative fee equal to ten
percent (10%) of all such actual costs incurred in performing the Election
Services (as calculated by the County and supported by such evidence as may
be reasonably requested by the City).
4. Legal Services. The County shall not be responsible for the furnishing of any
legal services in the form of legal opinion or defenses in any litigation arising
by reason of the November 2015 Election, but all such services shall be
furnished by the City at no cost to the County. Notwithstanding the
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foregoing, in the event that the Board of Elections and Registration is required
to hear any challenge(s) regarding the November General Municipal Election
of whatever kind (e.g. challenge to candidacy or to electors, etc.), the Board of
Elections and Registration shall have the right to be advised and represented
by its legal counsel, and the City shall, within thirty (30) days of request from
the Board of Elections and Registration, fully reimburse the County any and
all legal fees and other costs and expenses incurred by it (through its Board of
Elections and Registration) in connection with all such challenge(s).
5. Term. This agreement shall be valid for and through the November 2015
Election; provided, however, that it is the intent of the parties that such
practice shall be permanent and recurrent until such time as either the City or
the County should declare otherwise. Notwithstanding the foregoing,
however, this Agreement is particular to the 2015 Election and shall not be
renewed by operation of law. Should any further election be conducted under
similar situations a new contract shall be necessary.
6. Counterparts. Multiple copies of this Agreement have been executed by the
parties hereto. Each such fully executed copy shall have the full force and
effect of an original executed instrument. A counterpart of this Agreement
with separate, but fully executed signature pages attached thereto, shall have
the full force and effect of an original executed instrument.
7. Authority. The parties hereto represent unto the other that this Agreement,
the transactions contemplated herein, and the execution and delivery hereof,
have been duly authorized by all necessary proceedings and actions.
8. Entire Agreement. This Agreement constitutes the entire agreement of the
parties with respect to the subject matters addressed herein, and supersedes
any and all prior or contemporaneous agreements, discussions, representations
or understandings between them, whether written or oral, with respect to said
subject matters.
9. Modification. Any modification, amendment or other change to this
Agreement, or additional obligation assumed, by either party in connection
therewith, shall be binding only if evidenced in writing signed by each party
or an authorized representative of each party.
10. No Third-Party Beneficiaries. This Agreement is made between and limited
to the County and City, and is not intended, and shall in no event be construed
to be, for the benefit of any person or entity other than the County and City,
and no other person or entity shall be considered a third-party beneficiary by
virtue of this Agreement or otherwise entitled to enforce the terms of this
Agreement for any reason whatsoever.
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11. Severability of Provisions. If any term, covenant, condition or provision of
this Agreement, or the application thereof to any person or circumstance, shall
ever be held to be invalid or enforceable, then in each such event the
remainder of this Agreement or the application of such term, covenant,
condition or provision to any other person or any other circumstance (other
than those as to which it shall be invalid or unenforceable) shall not be thereby
affected, and each term, covenant, condition and provision hereof shall remain
valid and enforceable to the fullest extent permitted by law.
12. Construction. The parties hereto acknowledge that this Agreement was
jointly negotiated and reviewed by them, and therefore, no provision of this
Agreement shall be construed against either party by any Court or other
judicial or arbitral body by reason of such party’s being deemed to have
drafted or structured such provision.
13. Effective Date. This Agreement shall be effective and binding as of the date
all of the parties hereto have approved and executed the same (as indicated
below), and any reference to the “date of this Agreement,” the “date hereof,”
or any similar phrase shall refer to and mean the date of such approval and
execution by all of the parties hereto.
IN WITNESS WHEREOF, the parties hereto acting by their duly
authorized officers have hereunto set their hands and affixed their seals this
day and year first herein written.
CITY OF HINESVILLE, GEORGIA
(OFFICIAL SEAL)
By: _____________________________
Mayor
Attest: ______________________________
City Clerk
Date: _______________________________
LIBERTY COUNTY, GEORGIA
(OFFICIAL SEAL)
By: _____________________________
Donald Lovette, Chairperson
Attest: ______________________________
Joseph W. Brown, Administrator
Date: _______________________________
5
GEORGIA, LIBERTY COUNTY
The undersigned Chairperson of the Liberty County Board of Elections and
Registration does hereby acknowledge the terms of the foregoing Agreement and agrees
to provide the services specified therein.
______________________________
Richard E. Braun, Sr., Chairperson
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STATE OF GEORGIA
COUNTY OF LIBERTY
AGREEMENT TO CONDUCT MUNICIPAL ELECTIONS PURSUANT TO
GEORGIA ELECTION CODE SECTION 21-2-45(c)
THIS AGREEMENT TO CONDUCT MUNICIPAL ELECTIONS PURSUANT
TO GEORGIA ELECTION CODE SECTION 21-2-45(c) (the “Agreement”) is made
and entered into as of the Effective Date (as defined below), by and between the CITY
OF HINESVILLE, GEORGIA, a municipal corporation organized and existing under
the laws of the State of Georgia (hereinafter referred to as the “City”), and LIBERTY
COUNTY, GEORGIA, a political subdivision of the State of Georgia (hereinafter
referred to as the “County”). This Agreement is joined by the Liberty County Board of
Elections and Registration to the fullest extent required by the laws of the State of
Georgia.
WITNESSETH:
WHEREAS, under the provisions of the Georgia Election Code, particularly
Section 21-2-45(c) thereof, the City may by ordinance authorize the County to conduct
such elections as the City deems necessary and expedient, and the City has previously
adopted such an ordinance; and
WHEREAS, the City desires to continue the voting practice of contracting with
the County pursuant to the approval of the Liberty County Board of Elections and
Registration to conduct the November 2013 Special Election authorized by O.C.G.A. §33-7(q) and the November 2013 Annexation Referendum November 2015 Election
(hereinafter referred to as “Elections”); and
WHEREAS, the City has authorized the Mayor and Clerk to enter into this
Agreement with the County, and the County has agreed to conduct and supervise such
Elections for the City upon the terms and conditions hereinafter set forth; and
WHEREAS, this Agreement was presented and approved at meetings of the
governing authorities of both the County and the City pursuant to lawful and duly given
notice as required by O.C.G.A. § 50-14-1 et seq.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
undertakings of the parties hereto the City and County agree as follows:
1. Supervision of Municipal Election. Subject to the terms and conditions set
forth herein, the County, through its Board of Elections and Registration, shall
conduct for the City the Elections above. Wherever in this Agreement the
words Elections or Election or their equivalent, are referred to, such reference
shall be deemed to include the aforesaid elections held on November 5.
2013November 3, 2015.
2. Services Provided. The County Board of Elections and Registration shall, on
behalf of the City, perform all duties and functions of the superintendent of
elections as specified under the Georgia Election Code, to include, without
limitation, the following (collectively, the “Election Services”):
(a)
Hear and decide any challenges to the qualifications of
candidates pursuant to O.C.G.A. § 21-2-6 and other applicable
laws; provided, however, that the City shall act as the
qualifying officer with respect to the initial candidate
qualification in accordance with Georgia law.
(b)
Print all ballots;
(c)
Provide the necessary number of Direct Recording Electronic
(DRE) Voting Systems (or other voting systems required by
Georgia law);
(d)
Select, employ, instruct and supervise poll officials (Managers,
Assistant Managers, Clerks and Custodians) and other
employees;
(e)
Pay all costs necessary or proper for the holding of the
November 2013 Elections,November 2015 Election, including,
but not limited to, printed ballots and election day officials’ per
diem;
(f)
Designate, prepare and equip the polling place for use in the
election;
(g)
Make and issue such rules, regulations and instructions as are
necessary or proper for the holding of the November 2013
Elections November 2015 Election, and which are consistent
with law (including the rules and regulations necessary for the
guidance of poll officers, voting machine custodians and
electors);
(h)
Order all supplies necessary to the conduct of the November
2013 Elections November 2015 Election from the Secretary of
State or such other person as permitted by law;
(i)
Furnish the proper election officials all forms, including tally
and return sheets, for use in the November 2013 Elections
November 2015 Election; such forms to have printed thereon
appropriate instructions for their use;
(j)
Furnish upon request a certified copy of any document in its
custody by virtue of the Georgia Municipal Election Code and
to fix and charge a fee to cover the cost of furnishing same in
accordance with applicable law;
(k)
Supervise the inspection of all DRE voting systems;
(l)
Receive from poll officers the election returns, canvass and
compute the same, and certify as soon as practicable following
the November 2013 ElectionsNovember 2015 Election the
results thereof to such authorities as may be prescribed by law;
(m)
Announce publicly by posting in the office of the Board of
Elections and Registration the election results;
(n)
Conduct the November 2013 Elections November 2015
Election in such manner as to guarantee the secrecy of the
ballot and to perform such other duties as may be prescribed by
law; and
(o)
Obtain voters list;
PROVIDED, HOWEVER, that it shall be the City’s sole responsibility to (i) receive
notices of candidacy and determine if candidates are qualified to seek and hold public
office for which such candidate is offering; and (ii) prepare and cause to be published or
otherwise posted any and all calls and other notices required by law regarding
qualification of candidates and the occurrence of the November 2013 Elections
November 2015 Election.
3. Payment by City. The City shall reimburse the County all costs and
expenses incurred by the County and its Board of Elections and Registration
in performing the Election Services, including, without limitation, the actual
costs of printing ballots, publication of notices, and labor per diem, as well as
the costs of all necessary supplies and any rental equipment necessary or
desirable in connection with the 2013 Elections 2015 Election. Unless
otherwise, agreed to in writing by the City and Board of Elections and
Registration, the County shall only perform those functions specifically
enumerated in the above Paragraph 2. The City shall also pay the County an
administrative fee equal to ten percent (10%) of all such actual costs incurred
in performing the Election Services (as calculated by the County and
supported by such evidence as may be reasonably requested by the City).
4. Legal Services and Preclearance. The County shall not be responsible for the
furnishing of any legal services in the form of legal opinion or defenses in any litigation
arising by reason of the November 2013 Elections November 2015 Election, but all such
services shall be furnished by the City at no cost to the County. Notwithstanding the
foregoing, in the event that the Board of Elections and Registration is required to hear
any challenge(s) regarding the November General Municipal Election of whatever kind
(e.g. challenge to candidacy or to electors, etc.), the Board of Elections and Registration
shall have the right to be advised and represented by its legal counsel, and the City shall,
within thirty (30) days of request from the Board of Elections and Registration, fully
reimburse the County any and all legal fees and other costs and expenses incurred by it
(through its Board of Elections and Registration) in connection with all such challenge(s).
It is additionally understood and agreed that the City shall be solely responsible for
obtaining preclearance, if any, required by law from the U.S. Department of Justice in
connection with the November 2013 Elections. (This provision has been currently
deemed unnecessary by Shelby County v. Holder.)
5. Term. This agreement shall be valid for and through the November 2013 November
2015 Election; provided, however, that it is the intent of the parties that such practice
shall be permanent and recurrent until such time as either the City or the County should
declare otherwise. Notwithstanding the foregoing, however, this Agreement is particular
to the 2013 Elections 2015 Election and shall not be renewed by operation of law. Should
any further elections be conducted under similar situations a new contract shall be
necessary.
6. Counterparts. Multiple copies of this Agreement have been executed by the parties
hereto. Each such fully executed copy shall have the full force and effect of an original
executed instrument. A counterpart of this Agreement with separate, but fully executed
signature pages attached thereto, shall have the full force and effect of an original
executed instrument.
7. Authority. The parties hereto represent unto the other that this Agreement, the
transactions contemplated herein, and the execution and delivery hereof, have been duly
authorized by all necessary proceedings and actions.
8. Entire Agreement. This Agreement constitutes the entire agreement of the parties
with respect to the subject matters addressed herein, and supersedes any and all prior or
contemporaneous agreements, discussions, representations or understandings between
them, whether written or oral, with respect to said subject matters.
9. Modification. Any modification, amendment or other change to this Agreement, or
additional obligation assumed, by either party in connection therewith, shall be binding
only if evidenced in writing signed by each party or an authorized representative of each
party.
10. No Third-Party Beneficiaries. This Agreement is made between and limited to the
County and City, and is not intended, and shall in no event be construed to be, for the
benefit of any person or entity other than the County and City, and no other person or
entity shall be considered a third-party beneficiary by virtue of this Agreement or
otherwise entitled to enforce the terms of this Agreement for any reason whatsoever.
11. Severability of Provisions. If any term, covenant, condition or provision of this
Agreement, or the application thereof to any person or circumstance, shall ever be held to
be invalid or enforceable, then in each such event the remainder of this Agreement or the
application of such term, covenant, condition or provision to any other person or any
other circumstance (other than those as to which it shall be invalid or unenforceable) shall
not be thereby affected, and each term, covenant, condition and provision hereof shall
remain valid and enforceable to the fullest extent permitted by law.
12. Construction. The parties hereto acknowledge that this Agreement was jointly
negotiated and reviewed by them, and therefore, no provision of this Agreement shall be
construed against either party by any Court or other judicial or arbitral body by reason of
such party’s being deemed to have drafted or structured such provision.
13. Effective Date. This Agreement shall be effective and binding as of the date all of
the parties hereto have approved and executed the same (as indicated below), and any
reference to the “date of this Agreement,” the “date hereof,” or any similar phrase shall
refer to and mean the date of such approval and execution by all of the parties hereto.
IN WITNESS WHEREOF, the parties hereto acting by their duly
authorized officers have hereunto set their hands and affixed their seals this
day and year first herein written.
CITY OF HINESVILLE, GEORGIA
(OFFICIAL SEAL)
By: _____________________________
Mayor
Attest: ______________________________
City Clerk
Date: _______________________________
LIBERTY COUNTY, GEORGIA
(OFFICIAL SEAL)
By: _____________________________
Donald Lovette, Chairperson
Attest: ______________________________
Joseph W. Brown, Administrator
Date: _______________________________
GEORGIA, LIBERTY COUNTY
The undersigned Chairperson of the Liberty County Board of Elections and
Registration does hereby acknowledge the terms of the foregoing Agreement and agrees
to provide the services specified therein.
______________________________
Richard E. Braun, Sr., Chairperson
Agenda Item: 10-1-0 Alcoholic Beverage
License Renewal for year 2015
Prepared by: Yokesha McIver
Presented by: Yokesha McIver
PURPOSE: 2015 Alcoholic Beverage License Renewals
BACKGROUND:
License for 2015.
The following establishments request renewal of their Alcoholic Beverage
RECOMMENDATION: Approval
ATTACHMENTS:
Off Premise Consumption
10-1-1 Clyde’s Market #3
10-1-7 Handyland II
10-1-8 Handyland Exxon
10-1-9 Hinesville Station
10-1-10 Save A Ton
203 W Oglethorpe Hwy
438 W General Screven Way
770 S Main St
791 Elma G Miles Pkwy
241 Memorial Dr
2570 W Hwy 196
925A Elma G Miles Pkwy
PREVIOUS COUNCIL DISCUSSION: N/A
beer & wine
beer & wine
beer & wine
beer & wine
beer & wine
beer & wine
beer & wine
beer & wine
beer & wine
beer & wine
SUMMARY SHEET FOR ALCOHOL LICENSE RENEWAL
YEAR OF LICENSE
2015
NAME OF BUSINESS
Clydes Market #3
ADDRESS OF BUSINESS
203 W. Oglethorpe Hwy
Hinesville GA 31313
NAME OF APPLICANT
Clyde Woolard
NAME OF MANAGER
Catherine Harris
APPROVED BY HPD
Yes 11/4/14
APPROVED BY ZONING
Yes 11/4/14
APPROVED BY HFD
Yes 11/4/14
TYPE OF LICENSE
Consumption off premise
beer and wine
SUNDAY SALES
N/A
NOTES: This business operates as a convenience store. This
location is not on probation.
City Council (
) Approved (
) Disapproved by ____________________________ Date _________
VIOLATION HISTORY
Clyde’s Market #3
Convenience Store
Package Only-beer and wine
Clyde M. Woolard (Owner)
Catherine Harris (Mgr)
No Violations past 24 Months
11/17/2014
YEAR OF LICENSE
2015
NAME OF BUSINESS
Clydes Market #23
ADDRESS OF BUSINESS
438 W. General Screven Way
Hinesville GA 31313
NAME OF APPLICANT
Clyde Woolard
NAME OF MANAGER
Catherine Harris
APPROVED BY HPD
Yes 11/4/14
APPROVED BY ZONING
Yes 11/4/14
APPROVED BY HFD
Yes 11/4/14
TYPE OF LICENSE
beer and wine
SUNDAY SALES
N/A
City Council (
) Approved (
VIOLATION HISTORY
438 W General Screven Way
Convenience Store
11/17/2014
YEAR OF LICENSE
2015
NAME OF BUSINESS
Clydes Market #52
ADDRESS OF BUSINESS
770 S. Main St
Hinesville GA 31313
NAME OF APPLICANT
Clyde Woolard
NAME OF MANAGER
Catherine Harris
APPROVED BY HPD
Yes 11/4/14
APPROVED BY ZONING
Yes 11/4/14
APPROVED BY HFD
Yes 11/4/14
TYPE OF LICENSE
beer and wine
SUNDAY SALES
N/A
City Council (
) Approved (
VIOLATION HISTORY
770 S Main St
Convenience Store
11/17/2014
YEAR OF LICENSE
2015
NAME OF BUSINESS
Clydes Market #62
ADDRESS OF BUSINESS
Hinesville GA 31313
NAME OF APPLICANT
Clyde Woolard
NAME OF MANAGER
Catherine Harris
APPROVED BY HPD
Yes 11/4/14
APPROVED BY ZONING
Yes 11/4/14
APPROVED BY HFD
Yes 11/4/14
TYPE OF LICENSE
beer and wine
SUNDAY SALES
N/A
City Council (
) Approved (
VIOLATION HISTORY
Convenience Store
11/17/2014
YEAR OF LICENSE
2015
NAME OF BUSINESS
Clydes Market #64
ADDRESS OF BUSINESS
Hinesville GA 31313
NAME OF APPLICANT
Clyde Woolard
NAME OF MANAGER
Catherine Harris
APPROVED BY HPD
Yes 11/4/14
APPROVED BY ZONING
Yes 11/4/14
APPROVED BY HFD
Yes 11/4/14
TYPE OF LICENSE
beer and wine
SUNDAY SALES
N/A
City Council (
) Approved (
VIOLATION HISTORY
Convenience Store
11/17/2014
YEAR OF LICENSE
2015
NAME OF BUSINESS
Clydes Market #85
ADDRESS OF BUSINESS
241 Memorial Dr
Hinesville GA 31313
NAME OF APPLICANT
Clyde Woolard
NAME OF MANAGER
Catherine Harris
APPROVED BY HPD
Yes 11/4/14
APPROVED BY ZONING
Yes 11/4/14
APPROVED BY HFD
Yes 11/4/14
TYPE OF LICENSE
beer and wine
SUNDAY SALES
N/A
City Council (
) Approved (
VIOLATION HISTORY
241 Memorial Drive
Convenience Store
11/17/2014
YEAR OF LICENSE
2015
NAME OF BUSINESS
Handyland II
ADDRESS OF BUSINESS
Hinesville GA 31313
NAME OF APPLICANT
F. Doyle Todd
NAME OF MANAGER
Norman Mobley
APPROVED BY HPD
Yes 11/10/14
APPROVED BY ZONING
Yes 11/10/14
APPROVED BY HFD
Yes 11/10/14
TYPE OF LICENSE
beer and wine
SUNDAY SALES
N/A
City Council (
) Approved (
VIOLATION HISTORY
Handyland II
Convenience Store
F Doyle Todd (Owner)
Norman Lee Mobley (Mgr)
11/17/2014
YEAR OF LICENSE
2015
NAME OF BUSINESS
Handyland Exxon
ADDRESS OF BUSINESS
2570 W Hwy 196
Hinesville GA 31313
NAME OF APPLICANT
F. Doyle Todd
NAME OF MANAGER
Norman Mobley
APPROVED BY HPD
Yes 11/10/14
APPROVED BY ZONING
Yes 11/10/14
APPROVED BY HFD
Yes 11/10/14
TYPE OF LICENSE
beer and wine
SUNDAY SALES
N/A
City Council (
) Approved (
VIOLATION HISTORY
Handyland Exxon
2570 W Hwy 196
Convenience Store
F Doyle Todd (Owner)
Norman Lee Mobley (Mgr)
11/17/2014
YEAR OF LICENSE
2015
NAME OF BUSINESS
Hinesville Station
ADDRESS OF BUSINESS
Hinesville GA 31313
NAME OF APPLICANT
Sunita M Patel
NAME OF MANAGER
Sunita M Patel
APPROVED BY HPD
Yes 11/4/14
APPROVED BY ZONING
Yes 11/4/14
APPROVED BY HFD
Yes 11/4/14
TYPE OF LICENSE
beer and wine
SUNDAY SALES
N/A
City Council (
) Approved (
VIOLATION HISTORY
Jillmill and Company
Hinesville Station
Sunita M Patel (Owner/Mgr)
10/8/2009
SUMMARY SHEET FOR ALCOHOL LICENSE
YEAR OF LICENSE
2015
NAME OF BUSINESS
Save A Ton
ADDRESS OF BUSINESS
925A Elma G. Miles Pkwy
Hinesville GA 31313
NAME OF APPLICANT(S)
Lalabhai Patel
NAME OF MANAGER
Kantilal Patel
APPROVED BY HPD
Yes 11/4/14
APPROVED BY ZONING
Yes 11/4/14
APPROVED BY HFD
Yes 11/4/14
TYPE OF LICENSE
Consumption off Premise
Beer and wine
SUNDAY SALES
N/A
location is not currently on probation
City Council (
) Approved (
VIOLATION HISTORY
Krishna 2014 LLC
Save A Ton Food Mart
925A Elma G Miles Pkwy
Kantilal Patel (Mgr)
10/8/2009
Agenda Item: 11-1-0 Public Hearing - 2014 Taxi Cab
Business License
PURPOSE: To hold a Public Hearing for the consideration of a business license
application to operate a new taxicab business.
BACKGROUND: Catherine Jackson has submitted a business license application
to operate Fort Stewart Cab Service, located at 760 E.G Miles Parkway. A Public
Hearing notice was published in the November 9, 2014 Coastal Courier.
FUNDING:
RECOMMENDATION:
ATTACHMENTS:
11-1-1 Coastal Courier Notice
Agenda Item: 12-1-0 New Taxicab Business
PURPOSE: To consider a business license application to operate a new taxicab business.
BACKGROUND: Catherine Jackson has submitted a business license application to
operate Ft. Stewart Cab Service, a new taxicab business. The office will be located at 760
Elma G. Miles Pkwy. This is a commercial location.
FUNDING: N/A
ATTACHMENTS:
12-1-1 Summary Sheet
12-1-2 Application
12-1-3 Background Check
12-1-4 City Ordinance Vehicle for Hire
SUMMARY SHEET FOR Business License Application
YEAR OF LICENSE
2014
Catherine Jackson
ADDRESS OF APPLICANT
163 Wilder Rd Lot 5
Allenhurst, GA 31301
NAME OF BUSINESS
Ft. Stewart Cab Service
ADDRESS OF BUSINESS
Hinesville, GA 31313
APPROVED BY HPD
Yes 9/29/14
APPROVED BY INSPECTIONS
DEPARTMENT
Yes 9/15/14
APPROVED BY ZONING
Yes 9/15/14
NATURE OF BUSINESS
Transportation-Taxicab
NOTES: This application is for a new taxicab company. This
would be a commercial location.
City Council (
) Approved (
) Disapproved by ______________________________ Date ________
Chapter 18
VEmCLES FOR fiRE
Article L In General
Secs. 18-1-18-18. Reserved.
Article n. Taxicabs
Division 1. Generally
Definitions.
Sec. 18-19.
Inspection of taxicabs by Police.
Sec. 18-20.
Designation of taxicabs.
Sec. 18-21.
Sec. 18-22.
Taximeters.
Rates of fare.
Sec. lS-23.
Sec. 18-24.
Receipts.
Sec. 18-25.
Solicitation, acceptance, discharge of passengers.
Accidents.
Sec. lS-26.
Manifests.
Sec. 18-27.
Sec. 18-2S.
Open stands.
Prohibited equipment.
Sec. lS-29.
Sec. 18-30.
Police inspection certificate fee.
Sec. 18-31.
Duty of drivers to comply with City, State, and Federal laws.
Uniforms and appearance of drivers.
Sec. lS-32.
Division 2. Business License
Required.
Sec. 18-53.
Application.
Sec. 18-54.
Bond.
Sec. 18-55.
Fee.
Sec. 18-56.
Sec. 18-57.
Public hearing.
Review of application.
Sec. 18-58.
Division 3. Drivers License and Permit
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
lS-90.
18-91.
18-92.
18-93.
18-94.
18-95.
Required.
Application.
Fee.
Police investigation of applicant.
Issuance.
Display.
CD18:1 VEHICLES FOR HIRE
§ 18-20
Taximeter means a meter instrument or device
attached to a taxicab that measures mechanically
the distance driven and the waiting time upon
which the fare is based.
ARTICLE I. IN GENERAL
Sees. 18-1-18-18. Reserved.
Waiting time means the time when a taxicab is
not in motion from the time of arrival at the point
of origin of a trip to the time of commencement of
such trip.
(Code 1978, § 19-26)
ARTICLE IT. TAXICABS
DMSION 1. GENERALLY
Sec. 18-19. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:
Cruising means the driving of a taxicab on the
streets, alleys or public places of this City in
search of or soliciting prospective passengers for
hire.
License means the authorization granted by
the ~ayor and City Council to allow a person to
engage in the business of operating taxicabs in
this City.
Manifest means a daily record prepared by the
dispatcher employed by the taxicab company. The
manifest is a record of all trips made by the
company and its drivers and contains the time
and place of origin, destination, number of pas
sengers, and the amount of the fare.
Open stand means a public place alongside the
curb of a street or elsewhere which has been
designated by the Chief of Police as reserved
exclusively for the use of taxicabs.
Rate card means a card which contains the
rates of fare for taxicab service and which is on
clear display in each taxicab.
Taxicab means a motor vehicle regularly en
gaged in the business of carrying passengers for
hire, having a seating capacity of less than seven
passengers, including the driver, and not oper
ated on a fixed route.
Taxicab driver's permit means the permission
granted by the Mayor and City Council to a
person to drive a taxicab upon the streets of this
City.
Sec. 18-20. Inspection of taxicabs by Police.
(a) No taxicab shall be permitted to be used or
operated in this City until such vehicle has been
thoroughly and carefully inspected and examined
as required under this section and has been found
to comply with reasonable standards of safety and
sanitation as may be required by the Chief of
Police. These rules and regulations shall be pro
mulgated to assure safe and sanitary transporta
tion and shall specify such equipment and regu
latory devices as the Chief of Police shall deem
necessary therefor.
(b) A mechanical inspection of proposed and/or
existing taxicabs shall be required by this section.
Such inspection shall be performed at an automo
tive repair establishment duly licensed by the
City and operating therein. The inspection must
be completed by an automotive technician quali
fied to and capable of performing the required
inspection and employed by the establishment
where the inspection is conducted. The results of
such inspection shall be documented on an inspec
tion form designated by the Chief of Police and
certified by the automotive repair technician per
forming such inspection and the owner/manager
of the establishment wherein the inspection is
performed. Such inspection certificate must be
submitted to the Chief of Police or designee within
24 hours of the inspection. When it has been
determined that a vehicle has met the mechanical
standards required for safe operation as a taxi
cab, an additional inspection shall be performed
by the Police Department to assure compliance
with the requirements of this Code. Upon success
ful completion of said inspection, by the Police
Department, a police inspection certificate shall
be issued, which certificate shall also state the
authorized seating capacity of such vehicle. Such
CD18:3 HINESVILLE CODE
§ 18-20 certificate may be withdrawn and the vehicle
relating thereto suspended from operation at any
time by the Chief of Police if such vehicle is found
to be unsafe or not in compliance with any regu
lations promulgated by such officer or imposed by
this article. A copy of the police inspection certif
icate shall be maintained in the inspected vehicle
at all times that said vehicle is in operation as a
taxicab, as defined by this Code.
(c) Periodic mechanical and police inspections
of tax:i.cabs shall be made at intervals as defined
herein to insure that such vehicles are kept in a
condition of continued fitness for public use. Such
inspections shall be performed:
(1) For vehicles up to eight years old, and
that have less than 150,000 miles, re
quired inspections shall be performed an
nually and such inspections shall be valid
for a period not to exceed 12 months from
the date of inspection; and
(2) For vehicles eight years old or vehicles
that have more than 150,000 miles, re
quired inspections shall be performed bi
annually and such inspections shall be
valid for a period not to exceed six months
from the date of inspection.
(d) In no event shall any inspection certificate
be valid after the expiration date specified on the
police inspection certificate. Nothing in this Code
shall prevent the Chief of Police or designee from
conducting or requiring an additional inspection
of any tax:i.cab whenever such inspection is deemed
necessary to assure compliance with this Code.
(Code 1978, § 19-27; Ord. No. 2003-03, § 1(1),
3-6-2003; Ord. No. 2003-07, § I, 12-4-2003)
Sec. 18-21. Designation of taxicabs.
(a) Each tax:i.cab shall bear on the outside of
the vehicle on each side and on the rear in painted
or adhesive decals not less than three inches high
the name of the company or individual owning or
operating the vehicle and the word "cab," "tax:i.,"
or "tax:i.cab," and, in addition, the tax:i.cab may
bear an identifying design approved by the Chief
of Police.
(b) There also shall be on each side and on the
rear of every tax:i.cab a number, such to be a
separate and distinct number from that on any
other taxicab in the City. The number shall be
assigned to the tax:i.cab and user thereof by the
Chief of Police and shall not be altered or changed
without the consent of such officer.
(c) A cab light located on the roof of the vehicle
that shows the name of the cab company and is
clearly visible from behind can be used in lieu of
the marking on the rear of the vehicle.
(d) A register of the name of each person
owning or operating a tax:i.cab in the City shall be
kept by the City Clerk, and such register shall
contain for each owner or operator the descrip
tion, make of car, and number assigned to the
vehicle by the Chief of Police.
(Code 1978, § 19-28)
Sec. 18·22. Taximeters.
All tax:i.cabs operating in this City shall be
equipped with taximeters fastened in front of the
passengers, visible to them at all times day and
night; and, after sundown, the face of the taxime
ter shall be illuminated. Such taximeter shall be
operated mechanically by a mechanism of stan
dard design and construction, driven either from
the transmission or from one of the front wheels
by a flexible and permanently attached driving
mechanism, and each shall be sealed at all points
and connections which, if manipulated, would
affect a correct reading and recording. Each taxi
meter shall have thereon a flag to denote when
the vehicle is employed and when it is not em
ployed; and it shall be the duty of the driver to
throw the flag of such taximeter into a nonrecord
ing position at the termination of each trip. Such
taximeters shall be subject to inspection from
time to time by the Police Department. Any in
spector or other officer of the Department is
authorized either on complaint of any person, or
without such complaint, to inspect any meter and,
upon discovery of any inaccuracy therein, to no
tify the person operating such taxicab to cease
operation. Thereupon, such tax:i.cab shall be kept
off the public roads until the taximeter is re
paired.
(Code 1978, § 19-29)
CD18:4 VEHICLES FOR HIRE Sec. 18-23. Rates of fare.
(a) No owner or driver of a taxicab shall charge
a greater sum for the use of a taxicab than the
amounts fixed by the Mayor and City Council
from time to time and on file in the office of the
City Clerk.
(b) Every taxicab shall have a rate card setting
forth the rates of fare as prescribed in the sched
ule' which rate card shall be displayed in such a
place in the taxicab as to be in full view of all
passengers.
(Code 1978, § 19-30)
Sec. 18-24. Receipts.
The driver of any taxicab shall upon request by
the passenger render such passenger a receipt for
the amount charged, either by a mechanically
printed receipt or by a specially prepared receipt,
on which shall be the name of the owner, license
number or motor number, amount of the meter
reading or charges, and the date of the transac
tion.
(Code 1978, § 19-31)
Sec. 18-25. Solicitation, acceptance, dis
charge of passengers.
§ 18-25
(c) Receipt and discharge ofpassengers on side
walk only. Drivers of taxicabs shall not receive or
discharge passengers in the roadway but shall
pull up to the right-hand sidewalk as nearly as
possible or, in the absence of a sidewalk, to the
extreme right-hand side of the road and there
receive or discharge passengers, except upon one
way streets where passengers may be discharged
at either the right or left-hand sidewalk or side of
the roadway in the absence of a sidewalk.
(d) Cruising. No driver shall cruise in search of
passengers except in such areas and at such times
as shall be designated by the Chief of Police. Such
areas and times shall only be designated when
said officer finds that taxicab cruising would not
congest traffic or be dangerous to pedestrians and
other vehicles.
(e) Solicitation ofother common carrier passen
gers prohibited. No driver, owner, or operator
shall solicit passengers at the terminal of any
other common carrier, nor at any intermediate
points along any established route of any other
common carrier.
(f) Additional passengers. No driver shall per
mit any other person to occupy or ride in such
taxicab, unless the person first employing the
taxicab shall consent to the acceptance of addi
tional passenger. No charge shall be made for an
additional passenger except when such additional
passenger rides beyond the previous passenger's
destination and then only for the additional dis
tance so traveled.
(a) Solicitation ofpassengers by driver. No driver
shall solicit passengers for a taxicab except when
sitting in the driver's compartment of such taxi
cab or while standing immediately adjacent to the
curb side thereof. The driver of any taxicab shall
remain in the driver's compartment or immedi
ately adjacent to his vehicle at all times when
such vehicle is upon the public street, except that,
when necessary, a driver may be absent from his
taxicab for not more than ten consecutive min
utes, and provided further that nothing herein
contained shall be held to prohibit any driver
from alighting to the street or sidewalk for the
purpose of assisting passengers into or out of such
vehicle.
(g) Restrictions on number of passengers. No
driver shall permit more passengers to be carried
than the seating capacity of his vehicle allows, as
stated in the inspection certificate issued by the
Police Department.
(b) Prohibited solicitation. No driver shall so
licit patronage in a loud or annoying tone of voice,
or by sign, or in any manner annoy any person or
obstruct the movement of any person, or follow
any person for the purpose of soliciting patronage.
(i) Prohibitions ofdrivers. It shall be unlawful
for any driver of a taxicab to solicit business for
any hotel or to attempt to divert patronage from
one hotel to another. Neither shall such driver
engage in selling intoxicating liquors, solicit busi
(h) Refusal to carry orderly passengers. No
driver shall refuse or neglect to convey any or
derly person, upon request, unless previously
engaged.
CD18:5 § 18-25 HINESVILLE CODE
ness for any house of ill repute or use his vehicle for any purpose other than the transporting of passengers. (Code 1978, § 19-32; Ord. No. 2003-03, § 1(2), 3-6-2003) Sec. 18-26. Accidents.
All accidents arising from or in connection with
the operation of any taxicab which results in
death or injury to any person, or in damage to any
vehicle or to any property in an amount exceeding
the sum of $100.00 shall be reported to the Chief
of Police in writing within 24 hours from the time
of occurrence.
(Code 1978, § 19-33; Ord. No. 2003-03, § 1(3),
3-6-2003)
Nothing in this section shall be construed as
preventing a passenger from boarding the taxicab
of his choice that is parked at an open stand.
(c) Private vehicles shall not be permitted to
occupy any space upon the streets that has been
established as an open stand.
(Code 1978, § 19-35)
Sec. 18-29. Prohibited equipment.
Radar detection equipment and radio scanners
that have the capability of receiving a police
frequency are prohibited from being installed or
stored in any taxicab licensed in the City.
(Code 1978, § 19-37)
Sec. 18-30. Police inspection certificate fee.
Sec. 18-27. Manifests.
Every taxicab company shall maintain a daily
manifest upon which is recorded all trips made
each day, showing time and place of origin and
destination of each trip and amount of fare. The
form of the manifest shall be as designated by the
Chief of Police. Completed manifests shall be
retained and preserved in a safe place by the
owner of the taxicab business for at least one year,
and shall be made available to the Chief of Police
upon request.
(Code 1978, § 19-34)
Sec. 18-28. Open stands.
(a) The Chief of Police is authorized and em
powered to establish open stands in such place
upon the streets of this City as such officer deems
necessary for the use of taxicabs operated in the
City, taking into account the need for such stands
and the convenience to the general public; pro
vided, that no open stands shall be created in
front of any place of business where the abutting
property owners object to the same or where such
stand would tend to create a traffic hazard.
(b) Open stands shall be used by the different
drivers on a first-come, first-served basis. The
driver shall pull into the open stand from the rear
and shall advance forward as the cabs ahead pull
off. Drivers shall stay within five feet of their
cabs; they shall not solicit passengers; or engage
in loud or boisterous talk while at an open stand.
The fee for police inspection certificates, as
required in this division, shall be as determined
by the Mayor and City Council from time to time
and listed in the schedule of fees and charges
maintained in the City Clerk-Treasurer's office.
(Code 1978, § 19-38; Ord. No. 2003-03, § 1(5),
3-6-2003)
Sec. 18-31. Duty of drivers to comply with
City, State, and Federal laws.
Every driver licensed under this division shall
comply with all City, State, and Federal laws.
Failure to do so will justify the suspension or
revocation of the taxicab driver's permit.
(Code 1978, § 19-88)
Sec. 18-32. Uniforms and appearance ofdriv
ers.
All taxicab drivers are required to wear a
uniform as specified by the owner of the taxicab
company and approved by the Chief of Police. The
uniform shall consist of uniform shirt and pants
or skirt. Drivers of taxicabs will wear shoes; flip
flops and other shoes of this type are prohibited.
Taxicab drivers will keep themselves and their
uniforms in a neat and clean condition.
(Code 1978, § 19-89)
CD18:6 VEHICLES FOR HIRE DMSION 2. BUSINESS LICENSE
Sec. 18-53. Required.
Each person who engages in the business of
operating one or more taxicabs in this City shall
be required to obtain a license from the City Clerk
in the manner specified in this division and in
chapter 9.
(Code 1978, § 19-56)
Sec. 18-54. Application.
Application for a license under this division
shall be made as provided in section 9-21, except
that such application shall contain the following
additional information:
(1) The financial status of the applicant, in
cluding the amounts of all unpaid judg
ments against the applicant and the na
ture of the transaction or acts giving rise
to such judgments;
(2) The experience of the applicant in the
transportation of passengers;
(3) Any facts that the applicant believes tend
to prove that public convenience and ne
cessity require the granting of a license;
§ 18-89
cipal, and two sureties upon whom service of
process may be made in the State, and shall inure
to the benefit of any person who shall be injured
or who shall sustain damage to property proxi
mately caused by the negligence of the applicant,
his servants, or agents.
(b) The Mayor and City Council may, in its
discretion, allow the applicant to file, in lieu of a
bond, a liability insurance policy issued by an
insurance company authorized to do business in
the State; provided, that such policy conforms to
the provisions of this article relating to bonds.
(Code 1978, § 19-58)
Sec. 18-56. Fee.
The business license fee for each taxicab oper
ator licensed under this division shall be as de
termined by the Mayor and City Council from
time to time and listed in the schedule offees and
charges maintained in the City Clerk-Treasurer's
office.
(Code 1978, § 19-59)
Sec. 18-57. Public hearing.
(5) The color scheme or insignia to be used to
designate the vehicle of the applicant.
(Code 1978, § 19-57)
Upon the filing of an application for a taxicab
license, the City Clerk shall fix a time and place
for a public hearing thereon. Individual notice of
such hearing shall be given to the applicant and
to all persons to whom taxicab licenses have
theretofore been issued, and notice to the general
public shall be given by publication of notice in a
newspaper of general circulation in the City.
(Code 1978, § 19-60)
Sec. 18-55. Bond.
Sec. 18·58. Review of application.
(4) The number of vehicles to be operated or
controlled by the applicant and the loca
tion of proposed depots and terminals;
and
(a) Before any license shall be issued for en
gaging in the taxicab business as provided in this
section, the applicant for such license shall file
with the City Clerk an indemnity bond for each
vehicle authorized in the amount set by the Mayor
and City Council for bodily injury to anyone
person, in the amount set by the Mayor and City
Council for injuries to more than one person
which are sustained in the same accident, and the
amount set by the City Council for property
damages resulting from anyone accident. Such
bond shall be executed by the applicant, as prin
In considering whether to grant or deny a
taxicab license to an applicant for such license,
the City Council shall take into account the
number of taxicabs already in operation; whether
existing transportation is adequate to meet the
public need; the probable effect of increased ser
vice on local traffic conditions; and the character,
experience, and responsibility of the applicant.
(Code 1978, § 19-61)
Sees. 18-59-18-89. Reserved.
CD18:7 HINESVILLE CODE
§ 18-90 Mayor and City Council from time to time and
listed in the schedule of fees and charges main
tained in the City Clerk-Treasurer's office.
(Code 1978, § 19-83)
DIVISION 3. DRIVERS LICENSE AND PERMIT Sec. 18-90. Required.
No taxicab licensed under the provisions of this
article shall be driven at any time for hire, unless
the driver of such taxicab shall have first obtained
and shall have then in force a valid motor vehicle
driver's license, issued by the State, and a valid
taxicab driver's permit issued by the City as
provided herein; and, no person who owns or
controls a taxicab shall permit the taxicab to be
driven by a driver unless the driver shall have in
the driver's possession the required license and
permit at the time the driver is operating the
taxicab.
(Code 1978, § 19-81; Ord. No. 2003-03, § 1(6),
3-6-2003)
Sec. 18-91. Application.
(a) An application for a taxicab driver's permit
shall be in writing, addressed to the Mayor and
City Council, and filed with the City Clerk. Such
application shall be verified under oath and shall
contain the following information:
(1) The names and addresses of four resi
dents of the City who have known the
applicant and who will vouch for the so
briety, honesty, and general good charac
ter of the applicant;
(2) The experience of the applicant in the
transportation of passengers;
(3) The educational background of the appli
cant; and
Sec. 18·93. Police investigation of applicant.
The Chief of Police shall require an investiga
tion of each applicant for a taxicab driver's per
mit. Such investigation shall be made to deter
mine the moral character and fitness of the
applicant.
(Code 1978, § 19-84; Ord. No. 2003-03, § 1(7),
3-6-2003)
Sec. 18-94. Issuance.
Upon completion of the prescribed background
investigation with satisfactory results, the Chief
of Police shall issue a permit to the applicant
which shall be signed by the Chief of Police, bear
the corporate seal of the City, and set forth the
name, address, age and signature of the appli
cant. The Chief of Police shall procure or cause to
be procured two photographs of each applicant,
one of such photographs to be retained by the
Chief of Police in the files of the Police Depart
ment and the other to be attached to the taxicab
driver's permit.
(Code 1978, § 19-86; Ord. No. 2003-03, § 1(9),
6-3-2003)
Sec. 18·95. Display.
Every taxicab driver licensed under this divi
sion shall post his taxicab driver's permit in such
a place as to be in full view of all passengers while
such driver is operating a taxicab.
(Code 1978, § 19-87)
(4) A concise history of his employment.
(b) Each application shall be accompanied by a
certificate from a reputable physician of the City
certifying that, in his opinion, the applicant is not
afilicted with any disease or infirmity which might
make him an unsafe or unsatisfactory driver.
(Code 1978, § 19-82)
Sec. 18·92. Fee.
The fee for each taxicab driver's permit issued
under this division shall be as determined by the
CD18:8 HISTORICAL DATA FOR TAXI CAB RATE SCEDULE RATES FOR CAB COMPANIES FIRST METER DROP ....................... $1.30
$ 1.30
EACH ADDITIONAL (IIlO Mile) ........... $0.20
$.20
WAITING TIMEIPER MINUTE ........... . $0.30
$ .30
RATES FOR ADDITIONAL PASSENGERS
Base Fare
0- $5.00 ..................................... .. $5.01 - $10.00 ................................ . $10.01 - & OVER............................. . ONE CHILD UNDER 12 ONLy ........... OTHER CHILDREN UNDER 12 ........ . $1.00
$1.50
$2.00
NO CHARGE
$0.50(each)
$ 2.00
$ 3.00
$ 3.00
N/C
$ .50
(per additional passenger)
OUT OF TOWN RATES (all rates are one way fare)
ATLANTA
AUGUSTA
BAXLEY
BRUNSWICK
CHARLESTON
DARIEN
JACKSONVILLE
$314.00
$181.00
$ 94.00
$106.00
$187.00
$ 60.00
$ 151.00
JEKYLL ISLAND
JESUP
CLAXTON
GLENNVILLE
SA V ANNAH AIRPORT
HILTON HEAD
DOWNTOWN SAVANNAH
$ 120.00
$ 30.00
$ 53.00
$ 30.00
$ 53.00
$ 97.00
$ 55.00
OTHER OUT OF TOWN RATES $1.20 PER MILE LUGGAGE
HAND HELD PIECE........................NO CHARGE
GROCERY BAGS ........................... $0.15 ea.l$2.00
DUFFLE BAGS/SUITCASES............ $1.00 ea.l$3.00
TV ............................................. $3.00 ea.
PETS .......................................... $3.00 ea.
BICyCLE.................................... $1.50 ea.
N/C
same
same
$3.00
$3.00
$1.50
maximum limit per person
maximum limit per person
TAXI CAB RATES FIRST METER DROP
$ 1.75**
EACH ADDITIONAL (1110 Mile)
$ 0.20
WAITING TIMEIPER MINUTE
$ 0.30
RATES FOR ADDITIONAL PASSENGERS
Base Fare
$ 0 - $ 5.00
$ 5.01 - $10.00
$10.01 & Over
One Child Under 12 Only
Other Children Under 12
Fare for each additional passenger
$2.00
$3.00
$ 5.00 * *
No Charge
$ 0.50 each
OUT OF TOWN RATES (One-Way Fare)
ATLANTA
$490.00
AUGUSTA
$302.00
BAXLEY
$156.00
BEAUFORT
$162.00
BRUNSWICK
$176.00
CHARLESTON
$312.00
$ 88.00
CLAXTON
DARIEN
$ 100.00
GLENNVILLE
$ 50.00
HILTON HEAD
$ 162.00
JACKSONVILLE
$ 252.00
JEKYLL ISLAND
JESUP
MACON
METTER
RICHMOND HILL
STATESBORO
ST AUGUSTINE
TYBEE ISLAND
SAVANNAH AIRPORT
DOWNTOWN SAVANNAH
$ 200.00
$ 56.00
$400.00
$130.00
$ 50.00
$110.00
$400.00
$140.00
$ 88.00
$ 92.00
OTHER OUT OF TOWN RA TES $2.00 PER MILE**
LUGGAGE RATES
HAND HELD PIECE
GROCERY BAGS
DUFFLE BAGS/SUITCASES
TV
PETS
BICYCLE
NO CHARGE
$ 0.15 ea.! $ 2.00 maximum limit per person
$ 1.00 ea. / $ 3.00 maximum limit per person
$ 3.00 ea.
$ 3.00 ea.
$ 1.50 ea.
Approvedfor clarification at the September 7, 2006 City ofHinesville Council Meeting.
**These rates were approved and adopted at the October 5, 2006 Cit), of Hinesville Council ;\Ieeting
with an effective date of October 5, 2006.
36 City of Hinesville, Georgia Council Meeting
Agenda Item: 13-1-0 New Business License
Request
PURPOSE: To consider a business license application to operate a tattoo establishment
BACKGROUND: Wynton Carter has submitted a business license application to operate
Karma Tattoos and Piercings, a new tattoo establishment located at 447 Elma G Miles Pkwy
Unit C. This location does meet the zoning requirements as described in Code Section 9100.This location still has to pass all required safety inspections conducted by the
Department of Inspections, Fire Department and the Liberty County Environmental Health
Department.
FUNDING: N/A
ATTACHMENTS:
13-1-1 Summary Sheet
13-1-2 Application
13-1-3 Background Results
13-1-4 City Ordinance Section 9-100
SUMMARY SHEET
YEAR OF LICENSE
2014
Wynton H. Carter
ADDRESS OF APPLICANT
212 Montauk Dr
Richmond Hill GA 31324
NAME OF BUSINESS
Karma Tattoos and Piercings
ADDRESS OF BUSINESS
Hinesville GA 31313
APPROVED BY HPD
YES 11/13/14
APPROVED BY ZONING
YES 11/12/14
NATURE OF BUSINESS
Tattoo Establishment
NOTES: This application is for a new tattoo establishment located
at 447 Elma G. Miles Pkwy. This location still has to pass required
safety inspections conducted by the Department of Inspections,
Fire Department and the Liberty County Environmental Health
Department.
City Council (
) Approved (
) Disapproved by ______________________________ Date ________
Agenda Item: 14-1-0. Storm Water Permitting Update
Prepared by: Paul Simonton
Presented by: Paul Simonton/ Kelly McInnis
PURPOSE:
Update the Mayor and Council on the changes in permit
requirements and notification of future actions that may be required
BACKGROUND:
• The City of Hinesville first became an Municipal Separate Storm Sewer
System (MS4) permittee as a result of being designated an Urbanized Area
• The first MS4 permit was issued in December of 2008 which required the City
to develop permit requirements.
• In December 2012, the old permit expired and the new permit became
effective with new requirements
• The presentation will attempt to compare the requirements of the old permit vs
the new and make the Mayor and Council aware of upcoming actions.
FUNDING: local
RECOMMENDATION: No Action required
ATTACHMENTS:
14-1-1 Presentation
CITY OF HINESVILLE
STORM WATER MANAGEMENT PLAN (SWMP)
PAUL SIMONTON & KELLY MCINNIS
HISTORY
 First permit for storm water pollution was issued December 2008
 Permit allowed each permittee to determine its own methods
 Permit complied with through NOI
 New permit was issued December 2012
 New permit had specific methods to follow
 More details were required
 More methods were added
OVERVIEW
 Six Minimum Control Measures (MCM’s) and Best Management Practices (BMP’s)
 Public Education and Outreach
 Public Involvement and Participation
 Illicit Discharge Detection and Elimination
 Construction Site Storm Water Runoff Control
 Post-Construction Storm Water Management
 Pollution Prevention/Good Housekeeping
 Enforcement Response Plan
 Impaired Streams Report
MINIMUM CONTROL MEASURES
Public Education and Outreach
Public Involvement and Participation
 Brochure Distribution
 Great American Cleanup
 Earth Day
 Rivers Alive
Illicit Discharge Detection and
Elimination
Construction Site Storm Water Runoff
Control
 Outfall Map and Inventory
 Inspection Program
 Complaint Response
 Enforcement Procedures
Post-Construction Storm Water
Management
Pollution Prevention/Good
Housekeeping
 Inspection Program
 Street and Parking Lot Cleaning
 GI/LID Structures
 Flood Management Practices
COMPARISON & NEW REQUIREMENTS
 Both old and new permit included six minimum control measures (MCMs)
 Additional New Permit Requirements
 Enforcement Response Plan (ERP)
 GI/LID Evaluation
 More intensive ordinance review
 Impaired Streams Plan
LEGAL AUTHORITY
 Ordinance Reviews
 MCM#3- Illicit Discharge
 MCM#4- Construction Site Storm Water Runoff Control
 MCM#5- Post- Construction Storm Water Maintenance
 MCM#5, BMP#6- GI/LID Ordinance (Being Created)
IMPAIRED STREAM PLAN
 In conjunction with Watershed Protection Plan
 Peacock Creek is impaired by dissolved oxygen and fecal coliform
 Peacock Creek also serves as WRF discharge
 Must develop BMPs to improve stream health
 Potential BMPs
Agenda Item: 15-1-0 Change to Influent Screen
Purchase for Hinesville/Ft Stewart WWTP
Prepared by: Paul Simonton
Presented by: Paul Simonton
PURPOSE:
To obtain approval to modify past action by the Mayor and City
Council regarding purchase of influent screens for the Hinesville/Ft Stewart WWTP.
BACKGROUND:
• At the July 17, 2014, City Council Meeting the Mayor and City Council
approved purchase of one influent screen for the Hinesville/Ft Stewart WWTP
form Parkson Corp., in the amount of $124,921.00.
• Sales Agreements were prepared and sent to Parkson Corp. for execution.
• Representatives for Parkson Corporation objected to certain sections and
offered changes in language. The agreement was modified to incorporate
some of the changes but we did not feel it was in the City’s best interest to
accept all the agreement changes.
• The modified agreement was resubmitted to Parkson, but they insisted on
additional changes.
• As a result of the objection, we began to explore other options which resulted
in a presentation by Spaans Babcock.
• Operations personnel liked the Spaans Babcock features better than the
Parkson unit.
• Since the award we have performed an evaluation on HPS for rehabilitation
vs replacement.
• Currently HPS has it’s own influent screen where the wastewater is screened
prior to pumping to Ft Stewart WWTP.
• The screen is 27’ long, was installed approximately 10 year ago with some
major rebuild work two years ago. The screen is a vulnerable item and could
again be damaged any time.
• The HPS evaluation has resulted in a recommendation to install a new screen
in the influent of the channel at the Hinesville/Ft Stewart WWTP as a
replacement for the HPS screen which can be removed in the future.
• If we purchase two Parkson Screens the cost would be $249,842.00. The
cost of two Spaans Babcock screens is $224,000.00
• Total Equipment Budget = $4,981,858, Equipment cost incurred to Date
including the additional screen = $4,746,696
FUNDING: GEFA Loan
 Page 2
November 19, 2014
RECOMMENDATION: Change the award of one influent screen to Parkson Corp. to
approval to purchase two screens with interconnected compactor from Spaans
Babcock for $224,000.00.
ATTACHMENTS: None
PREVIOUS COUNCIL DISCUSSION: Previous discussions on Hine
Agenda Item: 16-1-0 Public Comment
Prepared by: Sherry Strickland
Presented by: Mayor Thomas
PURPOSE:
To allow citizens to address Mayor and Council.
BACKGROUND:
FUNDING:
RECOMMENDATION:
ATTACHMENTS:
Agenda Item: 17-0-0 Mayor Thomas
Prepared by: Sherry Strickland
Presented by: Mayor Thomas
ACTION ITEMS:
None
INFORMATIONAL ITEMS:
None
Agenda Item: 18-0-0. Councilmember Kenneth
Shaw’s Report
Prepared by: Sandra A. Adams
Presented by: Councilmember Kenneth Shaw
ACTION ITEMS:
18-0-0. Councilmember Kenneth Shaw’s Report
Agenda Item: 18-1-0 Councilmember Kenneth
Shaw’s Report
Prepared by: Sandra Adams
Presented by: Councilmember Kenneth Shaw
PURPOSE: Report criminal Activity
BACKGROUND: Monthly report from incidents and citations
FUNDING:
RECOMMENDATION:
ATTACHMENTS:
18-1-1 Crime and Citation Report 2014-10
18-1-2 Monthly Stats by District-Cumulative
18-1-3 Monthly Crime Stats by District Map
HINESVILLE POLICE DEPARTMENT
CRIME AND CITATION REPORT
October 1-30, 2014
October 2014
Ocotber 2013
September 2014
September 2013
Aggravated Assault/Assault
Auto Theft
Homicide/Homicide by vehicle
Rape
Robbery
Burglary
Arson
Entering Auto
Domestic Disputes
Juvenile Arrests
Curfew Violation Warnings
Adult curfew arrests
Juvenile curfew arrests
Criminal Citations
Military
Civilian
Traffic Citations
Military
Civilian
Loud Music Citations (also
8
6
0
1
2
24
0
9
62
27
0
0
0
114
24
90
963
229
734
8
6
0
1
4
44
0
19
55
30
0
0
0
128
31
97
713
173
540
14
1
0
1
1
37
1
15
71
20
0
0
0
96
20
76
929
210
719
8
8
0
1
2
29
0
6
63
18
0
1
0
130
33
97
685
186
499
included in traffic citation numbers)
7
3
4
383
10
10
0
2
8
3
3
0
309
8
8
0
2
6
13
7
6
464
7
7
0
3
4
10
2
8
376
6
6
0
3
3
Military
Civilian
Traffic Warnings
DUI
Over 21
Under 21
Military
Civilian
PART I CRIMES IN OCTOBER 2014 - BY DISTRICT
District 1
District 2
District 3
Homicide/Homicide by vehicle
Rape
Robbery
Aggravated Assault/Assault
Burglary
Auto Theft
Arson
Entering Auto
0
0
0
3
7
1
0
3
0
0
1
0
2
0
0
2
0
0
0
2
5
0
0
2
District 4
District 5
0
1
0
2
2
1
0
2
0
0
1
1
8
4
0
0
PART I CRIMES BY CITY OF HINESVILLE DISTRICTS
DISTRICT 1
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Homicide
0
0
0
0
0
0
0
0
0
0
Rape
0
0
0
0
0
0
0
0
1
0
Robbery
0
0
1
0
0
0
1
2
0
0
Agg Assault
2
2
5
1
5
4
3
2
8
3
Burglary
14
2
7
7
9
9
7
13
12
7
Auto Theft
1
0
0
0
1
1
3
0
1
1
Arson
0
0
0
0
0
0
0
0
0
0
Entering Auto
0
3
2
0
1
3
3
1
4
3
17
7
15
8
16
17
17
18
26
14
TOTALS
Nov
Dec
Nov
Dec
Nov
Dec
Nov
Dec
Nov
Dec
DISTRICT 2
Homicide
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
0
0
0
0
0
0
0
0
0
0
Rape
0
0
0
0
0
0
0
1
0
0
Robbery
0
0
0
0
0
1
1
2
1
1
Agg Assault
5
2
0
5
3
9
3
5
3
0
Burglary
10
3
3
1
9
6
7
1
3
2
Auto Theft
1
0
1
0
0
0
3
3
0
0
Arson
0
0
0
0
1
0
0
0
0
0
Entering Auto
TOTALS
0
1
2
6
0
5
3
4
6
2
16
6
6
12
13
21
17
16
13
5
Jan
Feb
Mar
Apr
May
Jul
Aug
Sep
Oct
DISTRICT 3
Jun
Homicide
0
0
0
0
0
0
0
0
0
0
Rape
0
0
1
0
0
0
0
0
0
0
Robbery
0
0
0
0
0
0
0
2
0
0
Agg Assault
3
0
0
1
3
2
4
2
1
2
Burglary
8
5
0
3
2
1
6
4
3
5
Auto Theft
2
0
0
0
7
0
3
1
0
0
Arson
0
0
0
1
0
0
0
1
0
0
Entering Auto
0
5
2
0
1
3
17
2
0
2
13
10
3
5
13
6
30
12
4
9
TOTALS
DISTRICT 4
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Homicide
0
0
0
0
0
0
0
0
0
0
Rape
0
0
0
0
0
0
0
0
0
1
Robbery
0
0
1
0
0
0
0
1
0
0
Agg Assault
1
1
2
1
1
0
4
1
0
2
Burglary
2
7
8
6
7
3
3
6
14
2
Auto Theft
0
1
0
0
2
0
1
0
0
1
Arson
0
1
0
0
0
0
0
0
0
0
Entering Auto
TOTALS
0
2
3
3
0
21
2
4
2
2
3
12
14
10
10
24
10
12
16
8
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
0
0
0
0
0
0
0
0
0
0
DISTRICT 5
Homicide
Rape
0
0
0
0
0
1
1
0
0
0
Robbery
1
1
1
1
0
0
1
1
0
1
Agg Assault
1
1
5
1
2
3
4
1
2
1
Burglary
6
4
4
4
4
5
8
9
5
8
Auto Theft
1
1
2
1
3
1
0
2
0
4
Arson
0
0
0
1
0
1
0
0
1
0
Entering Auto
0
0
1
5
2
6
8
14
3
0
9
7
13
13
11
17
22
27
11
14
TOTALS
Agenda Item: 19-0-0 Councilmember Jenkins’ Report
Prepared by: Linda Smith
Presented by: Councilmember Jenkins
ACTION ITEMS:
None
19-1-0 Department of Inspections monthly report for
October 2014
Agenda Item: 19-1-0 End-of-Month Report
Prepared by: Linda Smith
Presented by: Councilmember Jenkins
PURPOSE: To demonstrate construction activities and collection of fees for the
month of October 2014.
BACKGROUND: N/A
FUNDING: N/A
RECOMMENDATION: N/A
ATTACHMENTS:
19-1-1 Addendum to Monthly Report
19-1-2 Periodic Summary Report
19-1-3 Site Development & Projects List
19-1-4 GIS Monthly Map Sales Report
DEPARTMENT OF INSPECTIONS
ADDENDUM TO MONTHLY REPORT
MONTHLY/YEAR: October 2014
A.
OTHER FEES COLLECTED FOR MONTH:
DEPARTMENT OF INSPECTIONS
Re-Inspection Fees
$
100.00
GIS Maps
$
30.00
WATER/SEWER FUND
Water Meter Fees
$
Water Impact Fees
$
Sewer Impact Fees
$
Infrastructure Fees
$
WATER ERUs
Res.
Comm.
SEWER ERUs
Res.
Comm.
7,590.00
7,205.00
35,824.80
-
(Independence/Settlement)
B.
C.
INSPECTIONS:
Structural
Plumbing
Zoning
E.
F.
G.
H.
Electrical
Mechanical
Total Inspections
Total Code Violations
# of Bldgs.
10
0
0
0
0
# of Units
10
0
0
0
0
Complaints:
Field Generated:
Totals
Valuation Amount
$
2,492,404.00
$
$
$
$
0.00
0.00
0.00
0.00
NEW RESIDENTIAL ACCESSORY STRUCTURES
FINALED:
# of Permits
(Includes Private Pools, Storage Bldgs &
Residential Garages/Carports)
8
$
44,342.00
10
$
252,026.00
(Includes Office, School/Education & Religious Buildings)
2
$
654,810.00
COMMERCIAL ADDITIONS, ALTERATIONS
& REPAIRS FINALED:
1
$
7,500.00
RESIDENTIAL ADDITIONS, ALTERATIONS
& REPAIRS FINALED
Valuation Amount
NEW COMMERCIAL CONSTRUCTION FINALED:
MOBILE HOMES FINALED:
Mobile Home Park
Mobile Home Subdivision
Private Indiv. Lot
# Replacement Units
0
0
0
10
3.570
CODE ENFORCEMENT
82
51
450
49
NEW RESIDENTIAL BUILDINGS FINALED:
Single Family
Multi-Family
(1) Apartments
(2) Duplex
(3) Townhouse
(4) Condominium
D.
230
78
9
10
8.111
FY TO DATE
WATER ERUs
Res.
141
Comm.
52.221
SEWER ERUs
Res.
141
Comm.
24.540
# New Units
0
0
0
66
150
218
City of Hinesville
Department of Inspections
PERIODIC REPORT SUMMARY OF PERMITS ISSUED
MONTH OF OCTOBER 2014
Permit Type
Code
Current Fiscal Year (11/01/13 - 10/31/2014)
# Permits Valuation Amount
2,898,413.00
Fees
$
Permit Type
13,698.00 Single Family (Detached)
Code
# Permits
101
140
$
Previous Fiscal Year (11/01/12 - 10/31/13)
Valuation Amount
Code
# Permits
101
122
$
Single Family (Attached)
102
0
$
-
$
-
Two-Family Buildings
103
0
$
-
$
-
104
0
$
-
$
-
105
0
$
-
$
-
$
102
0
$
-
$
-
102
0
$
-
$
-
103
0
$
-
$
-
103
0
$
-
$
-
3 & 4 Fam Bldgs (Apts)
104
0
$
-
$
-
3 & 4 Fam Bldgs (Apts)
104
2
$
685,264.00
$
5+ Fam Bldgs (Apts)
105
0
$
-
$
-
5+ Fam Bldgs (Apts)
105
1
$
3,888,570.00
$
3 & 4 Fam Bldgs (Condos)
106
0
$
-
$
-
106
0
$
-
$
-
106
0
$
-
$
-
5+ Fam Bldgs (Condos)
107
0
$
-
$
-
107
0
$
-
$
-
107
0
$
-
$
-
Manuf Hme (new locate)
111
0
$
-
$
-
Manuf Hme (new locate)
111
1
$
20,565.00
$
75.00 Manuf Hme (new locate)
111
0
$
-
$
-
Manuf Hme (replacement)
112
0
$
-
$
-
Manuf Hme (replacement)
112
1
$
14,939.00
$
75.00 Manuf Hme (replacement)
112
2
$
22,200.00
$
150.00
Driveway/Open Ditch Encl
113
3
$
5,400.00
$
120.00 Driveway/Open Ditch Encl
113
35
$
92,468.00
$
1,140.00 Driveway/Open Ditch Encl
113
23
$
65,950.00
$
750.00
Well Drilling Permit
116
1
$
3,500.00
$
116
6
$
14,700.00
$
116
13
$
29,700.00
$
490.00
Electrical Permits
120
21
$
463,194.00
$
1,405.00 Electrical Permits
120
245
$
2,331,836.00
$
120
194
$
3,665,076.00
$
17,675.00
1,390.00 Plumbing Permits
121
27
$
278,650.00
$
122
11
$
143,819.00
$
Gas Permits
123
0
$
-
$
-
Hotel or Motel
213
0
$
-
$
-
Amusement / Recreation
318
0
$
-
$
Churches / Religious Bldgs
319
0
$
-
Industrial Building
320
0
$
Parking Garage
321
0
Service Stn / Repair Garage
322
Hospital / Institution
Office, Bank / Profess Bldg
3,162.00 3 & 4 Fam Bldgs (Apts)
14,070.50 5+ Fam Bldgs (Apts)
210.00 Well Drilling Permit
18,718.00 Electrical Permits
34,942,243.00
Fees
10
Plumbing Permits
173,758.00 Single Family (Detached)
Valuation Amount
101
Mechanical Permits
$
Permit Type
Single Family (Detached)
35.00 Well Drilling Permit
36,753,529.00
Fees
$
155,180.00
121
263
$
2,229,903.00
$
23,190.00 Plumbing Permits
121
249
$
1,469,749.00
$
16,903.50
122
253
$
2,613,848.00
$
14,875.00 Mechanical Permits
122
248
$
2,182,040.00
$
13,444.00
Gas Permits
123
4
$
54,500.00
$
123
2
$
2,400.00
$
83.00
Hotel or Motel
213
0
$
-
$
-
Hotel or Motel
213
0
$
-
$
-
-
318
0
$
-
$
-
318
0
$
-
$
-
$
-
319
0
$
-
$
-
319
0
$
-
$
-
-
$
-
Industrial Building
320
0
$
-
$
-
Industrial Building
320
0
$
-
$
-
$
-
$
-
Parking Garage
321
0
$
-
$
-
Parking Garage
321
0
$
-
$
-
0
$
-
$
-
322
0
$
-
$
-
322
0
$
-
$
-
323
0
$
-
$
-
323
0
$
-
$
-
323
0
$
324
0
$
-
$
-
Office, Bank / Profess Bldg
324
1
$
324
2
$
Public Works / Utilities
325
0
$
-
$
-
325
0
$
-
$
-
325
0
$
-
$
-
School / Educational Bldg
326
0
$
-
$
-
326
0
$
-
$
-
326
0
$
-
$
-
Store / Mercantile Bldg
327
1
$
3,171,689.00
$
327
4
$
4,385,196.00
$
327
0
$
-
$
Other Non-Residential Bldg
328
2
$
4,520.00
$
50.00 Other Non-Residential Bldg
328
62
$
228,712.00
$
1,785.00 Other Non-Residential Bldg
328
44
$
257,828.00
$
1,731.50
1,540.50
666.00 Mechanical Permits
9,858.50 Store / Mercantile Bldg
642,810.00
$
134.00 Gas Permits
2,271.50 Office, Bank / Profess Bldg
14,333.50 Store / Mercantile Bldg
5,153,683.00
$
$
15,533.50
-
Structures other than Bldgs
329
3
$
14,233.00
$
125.00 Structures other than Bldgs
329
47
$
364,635.00
$
2,201.50 Structures other than Bldgs
329
25
$
300,446.00
$
Signs
330
2
$
11,000.00
$
100.00 Signs
330
90
$
353,591.00
$
3,800.00 Signs
330
104
$
301,827.00
$
4,150.00
Add/Alter/Repair Res Bldg
434
17
$
96,648.00
$
706.50 Add/Alter/Repair Res Bldg
434
264
$
9,432,705.00
$
42,613.00 Add/Alter/Repair Res Bldg
434
359
$
5,151,775.00
$
27,435.50
Add/Alter/Repair Non-Res
437
5
$
108,404.00
$
334.00 Add/Alter/Repair Non-Res
437
70
$
1,693,059.00
$
8,025.50 Add/Alter/Repair Non-Res
437
76
$
3,042,524.00
$
12,214.00
Res Garage / Carport
438
0
$
438
8
$
42,459.00
$
438
5
$
10,495.00
$
249.50
Demolition
450
1
$
450
43
$
211,900.00
$
450
15
$
56,800.00
$
700.00
Moved Houses/Struct/Bldg
475
0
$
475
10
$
122,000.00
$
475
0
$
Plans Checking
Sprinkler Sys, Bldgs only
500
501
22
0
$
$
6,209,944.00
-
$
$
$
500
501
378
5
0
$
$
55,756,216.00
76,114.00
$
$
500
501
278
5
0
$
$
52,442,219.00
148,900.00
$
$
62,479.25
1,150.50
…
126
$ 13,413,414.00
$
…
1933
$
122,009,519.00
$
…
1766
$
109,245,855.00
$
331,859.75
TOTALS:
Water Meter Fees
$
7,590.00
Water Impact Fees
$
7,205.00
35,824.80
Sewer Impact Fees
$
Infrastructure Fees / October
$
0.00
Infrastructure Fees FY 14
$
6,000.00
4,000.00
-
$
$
$
-
Res Garage / Carport
50.00 Demolition
-
Moved Houses/Struct/Bldg
6,127.00 Plans Checking
Sprinkler Sys, Bldgs only
34,665.00
TOTALS:
275.00 Res Garage / Carport
2,100.00 Demolition
500.00 Moved Houses/Struct/Bldg
52,246.50 Plans Checking
432.50 Sprinkler Sys, Bldgs only
379,991.50
TOTALS:
-
$
-
CURRENT PROJECTS LIST - OCTOBER 2014
Address
Project
Valuation
Azalea St. Redevelopment Phase II
Azalea St. / Ash Blvd.
$
1,470,152.00 217 Bradwell St.
Baytree Apartments Renovation
$
Cinder Hill Phase VII
$
Griffin Park Phase 1A
$
262,990.00 Miles Crossing / Hwy 196 W
Griffin Park Phase II
$
215,059.00 Cascade Ct.
Griffin Park Phase 1B
$
Griffin Park Phase III
$
Griffin Park Phase IV
$
Griffin Park Phase V
$
Griffin Park Phase VI
$
Griffin Park Phase VIIA
$
The Marketplace
$
3,171,689.00 1422 W. Oglethorpe Hwy.
Mt. Zion Church
$
1,142,674.00 1370 Shaw Rd.
Northgate Apartments Renovation
$
1,829,471.00 804 Veterans Pkwy.
Oak Crest Phase I
$
Oak Crest Phase IIA
$
Oak Crest Phase IV
$
Osteen Law Office
$
642,810.00 101 Fraser St.
Osteen Residence
$
682,361.00 798 Forest St.
Raintree Apartments Renovation
$
4,167,156.00 601 Saunders Ave.
Renaissance Place Apts.
$
4,573,834.00 205 E. Memorial Dr. Bldgs. 100, 200, 300
Rusty Pig Restaurant
$
609,775.00 762 Veterans Pkwy.
The Pour House
$
75,904.00 135 W. Hendry St.
The Preserve at Cinder Hill
$
559,097.00 Eden Ln.
The Preserve at Cinder Hill, Ph IIA
$
784,033.00 Alyson Ct.
The Retreat at Oak Crest IA
$
The Retreat at Oak Crest IB
$
2,714,533.00 Red Oak Ln.
Valor Pointe
$
1,205,178.00 Blane Ln. / Barrington Dr.
Villages on Marne, Ph IIA
$
639,756.00 Marne Blvd.
Villages on Marne, Ph IIB
$
543,868.00 Marne Blvd.
Waffle House
$
170,367.00 442 E.G. Miles Pkwy.
Wexford Estates
$
437,768.00 Wexford Dr.
Zaxby's Restaurant
$
433,365.00 403 E. Oglethorpe Hwy
TOTAL
$
-
-
Ali Ave.
Grandview Dr. / Augusta Way
434,767.00 Amhearst Row
-
Largo St. / Guyett Ave.
863,531.00 Wyckfield Way
2,259,239.00 Piedmont Ave. / Noble Crest
321,766.00 Creekside / Waterlily
398,940.00 Oak Crest Dr. / Forest St.
-
Forest St.
1,818,031.00 Forest St. Extension
-
32,428,114.00
Red Oak Ln.
LCPC PROJECTS IN PLANNINNG
As of October 31, 2014
Project
Status
Address
Griffin Park Ph VI
Final Plat Approved
Off of Hwy 196 West
LC Board of Education Transport Facility
Site Plan Submitted
Airport Road
Griffin Park Ph VII-A
Approval of Final Plat
Off of Grandview Dr and
Miles Crossing
Walmart Neighborhood Market and gas
pumps between Topi Trail and Meloney
Site Plan Approved
Walmart Neighborhood Market and gas
pumps behind Dairy Queen
Site Plan Submitted
801 General Stewart Way
Liberty County Detective Service Building
Site Plan Submitted
Off of Paul Sikes Blvd off of
Airport Rd
Live Oak Library
Site Plan Approved
W Memorial Drive
Murphy Oil
Site Plan Submitted
behind Wendy's in front of
Super Walmart Center
Patriot Auto Expansion
Conceptual Plan Submitted
845 EG Miles Pkwy
Starbucks
In Planning
On Lowe's Site
The Preserve at Cinder Hill Ph 2A, 6 lots
Final Plat Approved
The Preserve at Cinder Hill Ph 1
Final Plat Approved
The Preserve at Cinder Hill Ph 2
Final Plat Approved (20 lots)
Off of Eden Lane
The Retreat at Oak Crest, Ph 1 a, 10 lots
Final Plat Approved
Off Red Oak Lane
The Retreat at Oak Crest, Ph 1 b, 24 lots
Final Plat Approved
Off Red Oak Lane
The Retreat at Oak Crest, Ph 2, 88 lots
Preliminary Plat Approved
Off of Oak Crest Dr and English
Oak Dr
Valor Point aka Olmstead Subdivision, 14
lots
Final Plat Approved
Off Olmstead Dr
Villages on Marne, Ph II A
Off Marne Blvd
Villages on Marne, Ph II B
Off Marne Blvd
Off Sandy Run Drive
Off Sandy Run Drive and
Club Drive
Hinesville GIS Office
Monthly Sales Report for October 2014
Date Sold
Invoice Number
10/17/14
10/23/14
1017201401
10232014
1 of 1
Company Name
Contact Name
Invoice Amount
Date Paid
Amount Paid
Liberty County Chamber
Hugh Sellers
Melissa Bloom
$
$
4.00
10.00
10/17/14
10/23/14
$
$
4.00
10.00
$
14.00
Total Paid:
$
14.00
Total Sold:
Permit Number
Type
R-1541547
R-1543941
Cash
Credit
Agenda Item: 20-0-0 HFD Monthly Report
Prepared by: Jan Leverett
Presented by: Council Member Anderson
ACTION ITEMS:
None
20-1-0 Incident Activity Report
Agenda Item: 20-1-0 October 2014 Incident
Run Report
Prepared by: Jan Leverett
Presented by: Council Member Anderson
PURPOSE: October 2014 Incident Run Report
BACKGROUND: October 2014 Incident Run Report
FUNDING:
RECOMMENDATION:
ATTACHMENTS:
20-1-1 October 2014 Run Report
20-1-2 October 2014 Incident Type Report
20-1-3 October 2014 Dollar Value Saved & Loss Report
20-1-1 Incident Activity Report
Hinesville Fire Department
Incident Activity Report
Period
November 1-30, 2013
December 1-31, 2013
January 1-31, 2014
February 1-28, 2014
March 1-31, 2014
April 1-30, 2014
May 1-31, 2014
June 1-30, 2014
July 1-31, 2014
August 1-31, 2014
September 1-30, 2014
October 1-31, 2014
Totals
Hinesville
City Limits
178
179
177
148
172
192
183
178
154
188
191
216
Flemington
City Limits
6
2
13
2
11
12
12
8
6
9
3
14
Liberty
County
2156
98
5
Midway
City Limits
Richmond
Hill
1
Fort
Stewart
1
1
1
1
1
1
1
1
1
1
1
0
5
Jesup Glennville Sta 1 Hinesville
Totals City Limits
184
75
181
78
192
99
150
66
184
82
205
90
197
85
188
86
161
76
1
199
95
195
74
230
74
1
Non Incident Activity Report
Period
November 1-30, 2013
December 1-31, 2013
January 1-31, 2014
February 1-28, 2014
March 1-31, 2014
April 1-30, 2014
May 1-31, 2014
June 1-30, 2014
July 1-31, 2014
August 1-31, 2014
October 1-31, 2014
Totals
Burn
Permits
22
31
7
37
30
19
28
14
7
12
19
23
Car Seats
249
307
4
5
16
70
32
18
24
28
24
22
46
18
Smoke
Detectors
1
Scald
Prevention
1
1
3
1
3
13
14
Totals
28
36
30
109
71
40
62
90
44
36
81
55
98
682
6
1
6
2
1
4
2
1
2
1
3
16
Swimming Fire Safety
Pool Filled for Daycare
1
0
12
6
44
9
0
2266
980
Walthourville
City Limits
Allenhurst
City Limits
Gumbranch
City Limits
1
1
1
1
1
1
1
4
2
1
Riceboro Liberty
Long
Sta 2
City Limits County County Totals Totals
75
259
78
259
99
291
4
71
221
1
84
268
90
295
87
284
86
274
1
78
239
96
295
1
76
271
74
304
0
7
0
994
3260
20-1-2 Incident Type Report
Responses for October
Response Type
Building fire
Fires in structure other than in a building
Cooking fire, confined to container
Fuel burner/boiler malfunction, fire confined
Trash or rubbish fire, contained
Fire in mobile home used as fixed residence
Fire in portable building, fixed location
Passenger vehicle fire
Road freight or transport vehicle fire
Water vehicle fire
Camper or recreational vehicle (RV) fire
Off-road vehicle or heavy equipment fire
Forest, woods, or wildland fire
Brush or brush and grass mixture fire
Grass fire
Outside rubbish, trash or waste fire
Garbage dump or sanitary landfill fire
Construction or demolition landfill fire
Dumpster or other outside trash receptacle fire
Fireworks explosion (no fire)
Outside storage fire
Outside equipment fire
Outside gas or vapor combustion explosion
Excessive heat, scorch burns with no ignition
Medical assist, assist EMS crew
Motor vehicle accident with injuries
Motor vehicle/pedestrian accident
Motor vehicle accident with no injuries
Search for person in water
Search for person on land
Extrication, rescue, other
Extrication of victim(s) from vehicle
Removal of victim(s) from stalled elevator
Extrication of victim(s) from machinery
Rescue or EMS Standby
Gasoline or other flammable liquid spill
Gas leak (natural gas or LPG)
Oil or other combustible liquid spill
Chemical hazard (no spill or leak)
Chemical spill or leak
Refrigeration leak
Carbon monoxide incident
Heat from short circuit (wiring), defective/worn
Overheated motor
Breakdown of light ballast
Power line down
Arcing, shorted electrical equipment
Biological hazard, confirmed or suspected
Building or structure weakened or collapsed
Aircraft standby
Vehicle accident, general cleanup
Attempt to burn
Person in distress
Lock-out
Ring or jewelry removal
Water or steam leak
Smoke or odor removal
Public service assistance
Assist police or other governmental agency
Public service
October
2013
October
2014
September
2013
1
1
3
2
September
2014
3
3
3
1
2
1
1
1
1
1
2
155
10
10
169
17
1
17
163
11
170
13
8
18
1
2
2
1
1
1
1
1
2
1
1
3
3
3
1
1
1
1
2
36
1
3
40
2
6
1
10
2
5
14
1
3
Assist invalid
Unauthorized burning
Cover assignment, standby, moveup
Dispatched and cancelled en route
Wrong location
No incident found on arrival at dispatch address
Authorized controlled burning
Smoke scare, odor of smoke
Steam, vapor, fog or dust thought to be smoke
Smoke from barbecue, tar kettle
HazMat release investigation w/no HazMat
Municipal alarm system, malicious false alarm
Telephone, malicious false alarm
Central station, malicious false alarm
Local alarm system, malicious false alarm
Bomb scare - no bomb
Extinguishing system activation due to malfunction
Smoke detector activation due to malfunction
Alarm system sounded due to malfunction
CO detector activation due to malfunction
Sprinkler activation, no fire - unintentional
Smoke detector activation, no fire - unintentional
Detector activation, no fire - unintentional
Alarm system activation, no fire - unintentional
Carbon monoxide detector activation, no CO
Severe weather or natural disaster, Other
Wind storm, tornado/hurricane assessment
Lightening strike (no fire)
TOTAL
2
1
1
27
19
13
21
6
1
1
9
11
6
3
1
1
1
1
1
1
2
3
2
3
2
7
4
1
6
281
304
249
4
3
271
20-1-3 Dollar Value Saved and Loss
Dollar Value Saved and Loss
Period
November 1-30, 2013
December 1-31, 2013
January 1-31, 2014
February 1-28, 2014
March 1-31, 2014
April 1-30, 2014
May 1-31, 2014
June 1-30, 2014
July 1-31, 2014
August 1-31, 2014
October 1-31, 2014
# of
Fires
Total
Values
Total
Losses
Total
Saved
Total
Percent Loss
Total
Percent Saved
3
4
6
6
2
3
6
4
4
3
3
1
$285,178
$429,710
$753,939
$668,010
$169,500
$360,308
$491,000
$1,569,000
$1,292,363
$44,002
$19,600,000
$122,000
$18,950
$129,200
$66,500
$216,560
$18,500
$16,000
$7,500
$1,102,700
$360,000
$10,102
$14,500
$12,000
$266,228
$300,510
$687,439
$451,450
$151,000
$346,308
$483,500
$466,300
$932,363
$33,900
$19,585,500
$110,000
6.64%
30.07%
8.82%
32.42%
10.91%
4.44%
1.53%
70.28%
27.86%
22.96%
0.07%
9.84%
93.36%
69.93%
91.18%
67.58%
89.09%
96.11%
98.47%
29.72%
72.14%
77.04%
99.93%
90.16%
45
$25,785,010
$1,972,512
$23,814,498
7.65%
92.36%
Agenda Item: 21-0-0 Councilmember Floyd’s Report
Presented by: Councilmember Floyd
ACTION ITEMS:
None
None
Date: Nov.20, 2014
Agenda Item: 22-0-0 Mayor Pro-Tem Charles Frasier’s
Cover Sheet
Prepared by: Darlene Parker
Presented by: Mayor Pro-Tem Charles Frasier
ACTION ITEMS:
None
INFORMATION ITEMS:
22-1-1 CH2MHill-OMI Oct. 1-31, 2014 Operations and Status Report
Date: Nov 22, 2012
Agenda Item: 22-1-0 Pro-Tem Mayor Charles Frasier
Cover Sheet
Prepared by: Guan Ellis, Project Director
Presented by: Pro-Tem Mayor, Charles Frasier
PURPOSE: To discuss Oct.1–31, 2014 CH2MHILL/OMI Operations and Status
Report
BACKGROUND:
FUNDING:
RECOMMENDATION:
ATTACHMENTS:
22-1-1 Oct 1-31, 2014 CH2MHill\OMI Operations and Status Report
MEMORANDUM
TO:
FROM:
DATE:
Honorable Mayor and City Council
Guan Ellis
Nov 20, 2014
REGARDING:
CH2M HILL Operations and Status Report for the month of Oct. 2014
CH2M HILL performed contract requirements as required for the month of Oct. 2014
Items of Interest
Sanitation
Listed below is a summary of the material picked up by the sanitation department starting in the year
2008 to current. The graphs provide information on the annual totals and the totals month to
month.
Tons of Garbage
Year
2008-09
2009-10
2010-11
2011-12
2012-13
2013-14
NOV
723
749
793
809
782
771
DEC
979
867
818
807
733
875
JAN
846
766
739
802
754
870
FEB
649
704
764
757
717
752
MAR
851
843
906
894
753
805
APR
948
870
842
804
822
865
MAY
866
810
849
852
844
877
JUNE
913
877
883
878
769
889
JULY
965
860
885
885
878
893
AUG
810
802
911
912
819
777
SEPT
829
763
855
657
766
738
OCT
818
737
787
773
789
817
TOTAL
10197
9648
10032
9830
9426
9929
AVG
850
804
836
819
786
827
AUG
93
87
104
106
95
73
SEPT
95
79
95
88
101
94
OCT
85
89
107
111
109
61
TOTAL
1443
1303
1404
1418
1351
1136
AVG
120
109
117
118
113
95
Loads of Yard Waste
Year
2008-09
2009-10
2010-11
2011-12
2012-13
2013-14
NOV
105
108
108
113
106
95
DEC
171
103
117
106
134
133
JAN
117
95
112
109
124
98
FEB
96
96
116
98
92
107
MAR
173
131
143
150
110
123
APR
144
184
143
144
130
90
MAY
112
126
140
129
123
108
JUNE
140
108
111
120
106
85
JULY
112
97
108
144
121
69
Streets and Drainage
All streets and drainage activities were completed on schedule during this reporting period.
Below is a summary of the total miles swept for this contract period. During the month of Oct,
a total of 582.45 miles of roadway were swept.
Monthly Total Miles
November
December
January
February
March
April
May
June
July
August
September
October
2007-2008
604.15
533.65
621.10
526.55
532.05
600.85
582.85
608.60
635.20
550.75
649.54
666.95
2008-2009
573.63
723.00
621.93
602.03
657.28
664.75
602.03
664.75
643.95
605.03
599.50
695.51
2009-2010
752.41
862.34
718.75
718.75
829.70
703.45
688.99
817.90
735.55
792.78
787.65
709.95
Annual
Totals
7112.24
7653.39
9118.22
2010-2011
829.38
761.27
759.81
688.89
825.67
724.35
799.78
798.71
694.59
852.00
745.25
655.69
2011-2012
779.74
713.29
750.78
719.71
755.91
718.25
788.44
682.79
750.78
725.59
350.37
418.17
2012-2013
590.58
591.67
832.74
660.33
654.18
725.10
689.64
627.64
663.84
627.64
699.30
702.59
9135.39
8153.82
8065.25
2013-2014
330.14
221.21
669.76
638.76
601.10
695.56
760.58
706.24
644.24
627.64
565.64
582.45
7043.32
Water and Wastewater Operations
Water and Wastewater
Water Production
88,757,000
Water Meters Read
11,325
Water/Sewer line relocates
190
Sewer line cleaning
6,000 ft
Wastewater Treatment
Fort Stewart
Hinesville Total Flow
Hinesville Avg. Flow
Ft. Stewart Total Flow
Ft. Stewart Avg. Flow
Combined Total Flow
Combined Avg. Flow
78.984
2.548
49.438
1.595
128.422
4.143
WRF
Influent flow MG
Influent flow Avg. MGD
Discharge flow MG
Discharge flow Avg. MGD
Re-use flow MG
Re-use flow Ave. MGD
Flow pumped from Peacock Booster to HPS
28.688
0.925
1.666
0.054
20.140
0.650
7.090
Agenda Item: 23-0-0 City Managers Report
ACTION ITEMS:
None
None

November 20, 2014 Council Meeting agenda

Transcription

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