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City of North Augusta SOUTH CAROLINA
ORDER OF BUSINESS The regular meeting of November 16, 1998, having been duly publicized, was called to order at 7:00 P. M. by Mayor Jones. Dr. Russ Jurek, of North Augusta Church of Christ, rendered the invocation and Mayor Jones led in the Pledge of Allegiance. Members present were Mayor Jones and Councilmembers Baggott, Carpenter, McDowell, Mottel, Smith, and Sullivan. Also in attendance were Charles B. Martin, City Administrator; Kelly F. Zier, City Attorney; John R. Brooks, Director of Leisure Services; George M. Grkovic, Director of Economic and Community Development; John P. Potter, Director of Finance; T. Lee Wetherington, Director of Public Safety; Thomas C. Zeaser, Director of Engineering/Public Works; and Diana H. Miller, Human Resources Specialist. The minutes of the regular meeting of November 2 and the study session of November 9 were approved, as corrected, by general consent. ITEM 1. CITY COUNCIL: SPECIAL MEETING - NOVEMBER 30, 1998, MOTION BY COUNCIL. On motion by Councilmember Mottel, second by Councilmember McDowell, Council unanimously voted to call a special meeting on November 30, 1998. The purpose of the meeting is to consider on third and final readings the ordinances to adopt the proposed fiscal year 1999 budget and establish the tax millage for fiscal year 1999.
ITEM 2. FINANCE: BUSINESS LICENSE - TELECOMMUNICATIONS - BELL ATLANTIC SUIT - AUTHORIZE REPRESENTATION - RESOLUTION. On motion by Councilmember Baggott, second by Councilmember Mottel, Council unanimously adopted a resolution authorizing Danny C. Crowe, of Turner, Padget, Graham & Laney, P.A., of Columbia to represent the City in a suit filed by Bell Atlantic Mobile. The Municipal Association of South Carolina has retained Mr. Crowe to represent the MASC and each of the 93 cities named in the suit, which challenges ordinances that set the franchise/business license fees for telecommunications companies and authorizes the MASC to collect the business license fees. The resolution text follows: RESOLUTION NO. 98-23 AUTHORIZING DANNY C. CROWE, ESQUIRE, TO REPRESENT THE CITY OF NORTH AUGUSTA IN A SUIT AGAINST THE CITY BY BELL ATLANTIC MOBILE
WHEREAS, on December 15, 1997, City Council adopted Ordinance 97-17, amending the business license ordinance, and among other things, setting the franchise/business license fees for telecommunication companies at 3% of gross revenue; and WHEREAS, on June 1, 1998, City Council adopted Ordinance 98-05 reaffirming and further clarifying the business license tax and authorizing the Municipal Association of South Carolina to collect the fees on behalf of the City of North Augusta; and WHEREAS, Bell Atlantic Mobile has filed suit against the City challenging the ordinance setting the franchise/business license fees for telecommunication companies and the agreement with the Municipal Association of South Carolina (MASC) to collect the business license fees; and WHEREAS, MASC has retained the legal services of Danny C. Crowe of Turner, Padget, Graham & Laney, P. A., of Columbia to represent the MASC and each of the 93 cities named as defendant in the suit; and WHEREAS, in order to represent the City in this suit, Mr. Crowe requires a letter from the City authorizing him to do so. NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of North Augusta in meeting duly assembled and by the authority thereof that the City Administrator is hereby authorized to send a letter to Mr. Crowe authorizing him to represent the City of North Augusta in the suit against the City filed by Bell Atlantic Mobile.
BE IT FURTHER RESOLVED that all expenses incurred by Mr. Crowe in defending the suit shall be paid by the Municipal Association of South Carolina. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS 16TH DAY OF NOVEMBER, 1998.
ITEM 3. FINANCE: FISCAL YEAR 1999 CONSOLIDATED BUDGET - ADOPTION - ORDINANCE, SECOND READING. On motion by Councilmember Sullivan, second by Councilmember Carpenter, Council unanimously passed on second reading an ordinance adopting, as previously amended, the Fiscal Year 1999 Consolidated Budget for the City of North Augusta. Mr. Bob Lemon and Mr. Larry Brown, Sr., spoke against the use of utility surplus funds for Riverfront development. Ms. Brenda Bancroft expressed her approval of the progress in Downtown and Riverfront development.
This ordinance was tabled at the November 2, 1998, meeting. Please see the minutes of October 19, 1998, for the ordinance text.
ITEM 4. FINANCE: TAXES - FISCAL YEAR 1999 - ORDINANCE, SECOND READING. On motion by Mayor Jones, second by Councilmember Baggott, Council unanimously passed on second reading an ordinance establishing the tax rate on all taxable property within the City of North Augusta for fiscal year 1999. The 1999 fiscal taxes remain unchanged from 1998 and, except for adjustments for reassessment, remain at the 1992 level (six years). Millage rates are 72.72 mills for the General Fund and 9.02 for the Capital Projects Fund for a total of 81.74 mills. The period for which the tax levy is due on all taxable property, except for motorized vehicles, shall be from January 1, 1998, to December 31, 1998. The period for which the tax levy is due for all motorized vehicles which are required to be licensed by Section 53-3-110, Codes of Laws of South Carolina, shall be from January 1, 1999, to December 31, 1999.
This ordinance was tabled at the November 2, 1998, meeting. Please see the minutes of October 19, 1998, for the ordinance text.
ITEM 5. SANITATION: RATE ADJUSTMENT - ORDINANCE, SECOND READING. On motion by Mayor Jones, second by Councilmember Sullivan, the ordinance to amend the sanitation fees for the City was unanimously defeated.
There being no further business, Council adjourned. Respectfully submitted,
Leona J. Lewis City Clerk |