MI011899

City of North Augusta

SOUTH CAROLINA

	January 18, 1999
	Date

	Lark W. Jones
	Mayor

	Members of City Council
Carolyn C. Baggott		Phillip T. Mottel
Pat C. Carpenter		Donald C. Smith
Kenneth J. McDowell		I. Kent Sullivan

ORDER OF BUSINESS

The regular meeting of January 18, 1999, having been duly publicized, was called to order at 7:00 P. M. by Mayor Jones.

Reverend Albert James, of Second Providence Baptist Church, 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; 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 Public Works; Leona J. Lewis, City Clerk; and Cindy Luckey, Supervisor of Court/Services.

The minutes of the regular meeting of January 4 and study session of January 11, 1999, were approved as presented by general consent.

ITEM 1. BOARDS & COMMISSIONS: APPOINTMENTS – RECOMMENDATION BY MAYOR – APPROVED BY COUNCIL.

On motion by Councilmember Smith, second by Councilmember McDowell, Council unanimously approved the recommendation of Mayor Jones for the appointment of the following persons to their respective boards and commissions.

Name	Term Expires	New/Reappointment

Building Code Board of Adjustments & Appeals
W. E. Byrd	1-31-03	Reappointment
William Hughes	1-31-03	Reappointment

Municipal Election Commission
Verlon McDowell	1-31-05	Reappointment

Planning Commission
William Arra, Jr.	1-31-03	Reappointment
Cindy Bolton	1-31-03	Reappointment
Robert Butterworth	1-31-03	Reappointment

Recreation & Parks Advisory Commission
Andy Baxley, Jr.	1-31-03	Reappointment
Michael Norton	1-31-03	Reappointment

ITEM 2. FINANCE: BUSINESS LICENSE – TELECOMMUNICATIONS – REQUESTING AIKEN COUNTY DELEGATION SUPPORT – RESOLUTION.

On motion by Councilmember Sullivan, second by Councilmember Baggott, Council unanimously adopted a resolution requesting the support of the Aiken County Legislative Delegation to protect local Home Rule and the rights of South Carolina municipalities to establish and collect franchise/consent agreement fees and business license fees for all businesses doing business within the municipalities.

The resolution text follows:

RESOLUTION NO. 99-01
BY THE NORTH AUGUSTA’S CITY COUNCIL
REQUESTING THE AIKEN COUNTY DELEGATION’S SUPPORT
FOR THE PROTECTION OF MUNICIPAL FRANCHISE AUTHORITY

WHEREAS, every municipality within the State of South Carolina under the philosophy of Home Rule currently has the authority to issue business licenses or franchise/consent agreements and to set and collect fees therefor from all businesses that choose to operate within the corporate limits of the municipality; and

WHEREAS, for certain industries, many municipalities, for the sake of economy, efficiency and convenience of both the municipality and the industry, contract with the Municipal Association of South Carolina for the orderly and consistent collection of business licenses; and

WHEREAS, said authority to collect said franchise/consent fees or business license taxes either directly or under contract with the Municipal Association is being challenged in the court system by certain members of the telecommunications industry within the state. This court challenge seeks to overturn local government’s franchise and business licensing authority. An expeditious decision by the State Supreme Court is expected; and

WHEREAS, legislation has been introduced into the General Assembly that would severely limit the municipality’s rights under Home Rule and specifically would eliminate the franchise fee and reduce the business license tax on the telecommunications industry.

NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council for the City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof that:

1. Franchise agreements and consent agreements are agreements wherein private regulated utilities receive permission from the municipality to use the publicly owned rights-of-way for the purpose of making a profit. For that privilege the public, i.e. the municipality, charges a fee.

2. Business licenses are charged when the public rights-of-ways are not being used by the utilities and telecommunication companies who are doing business in the municipality, thus creating a competitive and level playing field with those who do use the rights-of-way.

3. It would be extremely unfair to all other businesses doing business within the municipality to exempt or severely limit the obligation of any company doing business within the municipality to pay its fair and competitive franchise or business license fee.

4. The franchise fee and the business license tax are not new taxes. A utility or telecommunications company pays either the business license or the franchise fee--not both.

5. The franchise/consent agreement fees and business license taxes are a vital source of revenue for the municipalities within the State of South Carolina. To that end, limitation by the State on this revenue source would require the municipalities to shift the financial burden for local government even more toward those companies who willingly comply with local ordinances and license schedules and who do pay business license fees and property taxes.

BE IT FURTHER RESOLVED that the Aiken County Legislative Delegation is hereby respectfully requested to protect local Home Rule and to protect the rights of South Carolina municipalities to establish and collect franchise/consent agreement fees and business license fees for all businesses doing business within the municipalities and to resist any legislation to the contrary.

DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS 18TH DAY OF JANUARY, 1999.

ITEM 3. JUSTICE & LAW: 1999 JURY BOX – COUNCIL APPROVAL.

On motion by Councilmember Mottel, second by Councilmember Baggott, Council unanimously approved the 1999 Municipal Jury Box containing the names of all registered voters in the City of North Augusta.

ITEM 4. PERSONNEL: EMPLOYEE OF THE QUARTER – OCTOBER, NOVEMBER, AND DECEMBER, 1998 – PRESENTATION.

Mayor Jones presented the Employee of the Quarter Award to Bo Rouse, Center/Program Coordinator in the Parks, Recreation, and Leisure Services Department. Bo was selected as Employee of the Quarter for October, November, and December, 1998, by the Employee Recognition Committee. The nomination letter follows:

The City of North Augusta Employee Recognition Committee would like to recognize the employee of the quarter for October-December, 1998, Bo Rouse, Center/Program Coordinator for the Parks, Recreation, and Leisure Services Department.

Bo was nominated by the Director of Parks, Recreation, and Leisure Services Department, Bob Brooks.

Bo has worked in Parks & Recreation for 20 plus years and has served the City well. Bo is one of the front-line employees who works in the Riverview Park Activities Center. Front-line employees are usually the first to catch complaints, from it’s too cold to the basketball needs air. Bo handles each situation very professionally and usually has the person complaining laughing and talking to him in a normal tone of voice before they leave his work area. Bo also makes sure that the safety of employees in his work area are following the rules. Bo Rouse enjoys coming to work, meeting and greeting the public, which makes him a great asset for the department as well as the City.

Congratulations to Bo Rouse, our employee of the fourth quarter of 1998.

There being no further business, Council adjourned.

Respectfully submitted,

Leona J. Lewis

City Clerk