City of North Augusta
SOUTH CAROLINA
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May 3, 1999 |
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Date |
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Lark W. Jones |
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Mayor |
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Members of City Council |
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Carolyn C. Baggott |
Phillip T. Mottel |
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Pat C. Carpenter |
Donald C. Smith |
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Kenneth J. McDowell |
I. Kent Sullivan |
ORDER OF BUSINESS
The regular meeting of May 3, 1999, having been duly publicized, was called to order at 7:00 P. M. by Mayor Jones.
Rev. Phillip Hamilton, of Grace Fellowship 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; 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 Public Works; and Leona J. Lewis, City Clerk.
The minutes of the regular meeting and study session of April 19, 1999, were approved as presented by general consent.
ITEM 1. ANNEXATION: 3.42± ACRES - INTERSTATE 20 & WEST MARTINTOWN ROAD - JOSEPH B. KINSEY & GREAT GAMES OF NORTH AUGUSTA, INC. - ORDINANCE, SECOND READING.
On motion by Councilmember Mottel, second by Councilmember Sullivan, Council passed on second reading an ordinance to effect the annexation of 3.42± acres located near the intersection of Interstate 20 and West Martintown Road owned by Joseph B. Kinsey (legal title owner) and Great Games of North Augusta, Inc. (equitable owner).
The property is to be used as a video gaming establishment. The property would be zoned C-5, Thoroughfare Commercial.
Voting in favor of passage of the ordinance were Councilmembers McDowell, Mottel, Smith, and Sullivan. Voting against passage of the ordinance were Mayor Jones and Councilmembers Baggott and Carpenter.
Mrs. Rachel Franklin, 505 West Woodlawn Avenue, spoke in opposition to the proposed annexation.
Please see the minutes of April 19, 1999, for the ordinance text.
ITEM 2. ELECTIONS: 1999 MUNICIPAL ELECTION - CERTIFICATION OF OFFICIAL RESULTS - MUNICIPAL ELECTION COMMISSION - COUNCIL ACCEPTANCE - MOTION.
On motion by Councilmember Mottel, second by Mayor Jones, Council unanimously voted to accept the letter from the Municipal Election Commission certifying of the official results of the 1999 Municipal Election held on April 27, 1999.
The letter follows:
April 30, 1999
The Honorable Lark W. Jones, Mayor
City of North Augusta
P. O. Box 6400
North Augusta, SC 29861-6400
Dear Mayor Jones:
The following are certified by the Municipal Election Commission as having been duly elected to City Council in the General Election conducted on April 27, 1999:
Carolyn C. Baggott
Kenneth J. McDowell
Kent Sullivan
A copy of the vote tabulation by precincts is enclosed for your information.
Sincerely,
John M. Younginer, Jr., Chairman
Municipal Election Commission
The vote tabulation follows:
|
Precinct |
Carolyn C. Baggott |
Kenneth J. McDowell |
Kent Sullivan |
Lance Jones (write-in) |
Brenda Bancroft (write-in) |
|
9 |
1 |
1 |
1 |
- |
- |
|
10 |
0 |
0 |
0 |
- |
- |
|
25 |
8 |
8 |
8 |
- |
- |
|
26 |
10 |
10 |
10 |
- |
- |
|
27 |
28 |
27 |
26 |
- |
- |
|
28 |
29 |
34 |
34 |
1 |
2 |
|
29 |
16 |
17 |
17 |
1 |
- |
|
44 |
0 |
0 |
0 |
- |
- |
|
45 |
0 |
0 |
0 |
- |
- |
|
54 |
5 |
6 |
5 |
- |
- |
|
55 |
32 |
33 |
32 |
- |
- |
|
58 |
2 |
2 |
2 |
- |
- |
|
62 |
0 |
0 |
0 |
- |
- |
|
63 |
0 |
0 |
0 |
- |
- |
|
64 Hdcp. |
0 |
0 |
0 |
- |
- |
|
Aiken Absentee |
0 |
0 |
0 |
- |
- |
|
007 |
0 |
0 |
0 |
- |
- |
|
Edgefield Absentee |
0 |
0 |
0 |
- |
- |
|
TOTAL |
133 |
138 |
135 |
2 |
2 |
ITEM 3. FINANCE: PURCHASING PROCEDURES - ORDINANCE, FIRST READING.
On motion by Councilmember Smith, second by Councilmember Baggott, Council unanimously passed on first reading an ordinance to revise the City’s purchasing procedures. Proposed changes are as follows:
1. Bids would not be required for purchases under $500.00.
2. Bids (oral bids acceptable) would be required for purchases over $500.00 and not exceeding $2,000.00.
3. Written bids would be required for purchases over $2,000.00 but not exceeding $10,000.00.
4. Sealed, written bids would be required for purchases over $10,000.00.
5. Professional services shall be obtained through the process of requesting qualifications, reviewing the qualifications, requesting the qualified firms to submit proposals, selecting the qualified firm with the best proposal, and negotiating the necessary contract.
6. Establishing a new section in the City Code addressing a master contracts list for goods and services, bidding and agreement procedures, and agreement period limitations.
7. Referencing purchasing policies established in the Accounting and Internal Control Manual which clarify and amplify the purchasing principles in the City Code.
The ordinance text follows:
ORDINANCE NO. 99-06
AMENDING PURCHASING PROCEDURES FOR THE
CITY OF NORTH AUGUSTA
BY REVISING CHAPTER 2, ENTITLED ADMINISTRATION,
ARTICLE XI, ENTITLED PURCHASING,OF THE CITY CODE OF THECITY OF NORTH AUGUSTA, SOUTH CAROLINA
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, IN MEETING DULY ASSEMBLED AND BY THE AUTHORITY THEREOF, THAT:
I. Chapter 2, entitled "Administration," Article XI, entitled "Purchasing," is hereby amended and when amended shall read as follows:
ARTICLE XI. PURCHASING
Sec. 2-250. Purchasing agent; responsibilities.
The City Administrator shall be the purchasing agent for the City and shall be responsible for administering the provisions of this article.
The City Administrator may delegate to one or more officials of the City any part or all of the duties assigned herein when, in the opinion of the City Administrator, the efficient operations of the City would be enhanced.
The purchasing agent shall be responsible for:
(1) Purchasing supplies, materials, equipment, and contractual services required by any department of the City.
(2) Storing and distributing all supplies, materials, and equipment required by any department of the City.
(3) Establishing written specifications, whenever practical, for supplies, materials, and equipment required by any department of the City. Such specifications should be definite and should permit competition whenever possible.
(4) Maintaining, whenever practical, a perpetual inventory record of all materials, supplies, or equipment stored in storerooms or warehouses.
(5) Maintaining an up-to-date list of qualified suppliers who have requested their names to be added to a "bidders' list." The purchasing agent(s) shall have the authority to temporarily remove the names of vendors who have defaulted on their quotations, attempted to defraud the City, failed to meet established specifications or delivery dates, or who owe the City money.
(6) Obtaining as full and open competition as possible on all purchases, contracts, and sales.
(7) Developing administrative purchasing procedures to insure that the requirements contained in this article are followed.
Sec. 2-251. Purchasing procedures.
The following procedures shall apply to all purchases of supplies, materials, equipment, or services and maintenance contracts:
(1) Purchases not exceeding five hundred dollars ($500.00):
(2) Purchases over five hundred dollars ($500.00) and not exceeding two thousand dollars ($2,000.00):
(3) Purchases over two thousand dollars ($2,000.00) and not exceeding ten thousand dollars ($10,000.00):
(4) Purchases over ten thousand dollars ($10,000.00):
Sec. 2-252. Emergency purchases.
In the event of an apparent emergency affecting the public welfare, health, or safety, the purchasing procedures as outlined in section 2-251 shall not apply. A full report of the circumstances of an emergency purchase shall be filed with the City Administrator within two (2) working days of the purchase.
Sec. 2-253. Professional services/selection.
Professional services are those services rendered by licensed professionals including consulting engineers, planning consultants, architects, auditing firms, banking institutions, and law firms. Professional services shall be obtained through the process of requesting interested firms to submit their qualifications; reviewing the qualifications submitted and determining which firms are qualified; requesting the qualified firms to submit proposals; selecting the qualified firm with the best proposal; and negotiating the necessary contract. Except for agreements for less than $10,000 and that are provided for in the annual operating budget of a department, agreements for professional services shall state the terms and conditions and shall be approved by City Council.
Section 2-254. Master contract list for goods and services.
A list of all current agreements or contracts for services or supplies shall be maintained by the Director of Finance in the City Clerk’s office. All such agreements or contracts shall be reviewed at least annually and updated as needed when agreements expire. Each agreement or contract shall be assigned an agreement number which shall be noted by the ordering departments on all applicable purchase orders. Use of the master contract list for goods and services requires all purchasing procedures as outlined in the Accounting and Internal Control Manual to be followed with the exception of separate bidding.
The procedure for sealed bids when required shall be as follows:
(1) Sealing. Bids shall be securely sealed in an envelope and shall be identified on the envelope in accordance with bid instructions.
(2) Opening. Bids shall be opened in public at the time and place stated in the public notices.
(3) Tabulation. A tabulation of all bids received shall be available for public inspection during normal working hours.
(4) Rejection of bids. Any or all bids, parts of all bids, or all bids for any product or contractual service included in the proposed purchase, may be rejected when the public interest will be served.
(5) Bidders in default to City. Bids shall not be accepted from a vendor or contractor who is delinquent in the payment of taxes, business licenses, utility bills, or other money owed the City.
(6) Award of purchase to lowest responsible bidder. The award of purchase shall be to the lowest responsible bidder. In determining "lowest responsible bidder," in addition to price, the following shall be considered:
a. The ability, capacity, and skill of the bidder to perform the contract or provide the service required.
b. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference.
c. The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
d. The quality of performance of previous contracts or services.
e. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services.
f. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service.
g. The quality, availability, and adaptability of the supplies or contractual services to the particular use required.
h. The ability of the bidder to provide timely future maintenance and service for the use of the subject of the contract.
i. The number and scope of conditions attached to the bid.
j. The degree of compliance with the specifications.
(7) Award to other than low bidder. When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared and filed with the papers relating to the transaction and held for a period of no less than thirty-six (36) months.
(8) Local credits. It shall be the policy of the City to support businesses located within the City. To that end, for those businesses located within the corporate limits, when bidding on City business in compliance with this article, there shall be given a local credit for determination of low bidder as outlined below. The amount of the local credit shall be deducted from the total bid before taxes, shipping, etc. are added.
Maximum Local
Purchase Amounts Local Credit % Credit/Purchase
$ 501.00--2,000.00 3 $ 40.00
$2,001.00--10,000.00 2 100.00
$10,001.00 and over 1 200.00
When calculating the local credit, a purchase shall be defined as all items contained on a single purchase order or, when a master contract is used, the estimated annual value of said contract based on the previous year's experience.
(9) Tie bids. If all bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to the local bidder (vendor located within the City). If two (2) or more of such bids are submitted by local bidders, the contract shall be awarded to one of the local tie bidders by drawing lots in public. If local bidders are not involved in the tie bids, the contract shall be awarded to one of the nonlocal tie bidders by drawing lots in public.
(10) Bid deposits. When deemed necessary, bid deposits shall be prescribed in the bid specifications. Upon entering into a contract, bidders shall be entitled to return of bid deposits. A successful bidder shall forfeit any bid deposit required upon failure on his part to enter into a contract within ten (10) days after the award; provided, however, that this forfeiture may be waived by the City.
(11) Performance bonds Performance bonds may be required of the successful bidder, before entering into a contract, in such form and amount as may be reasonably necessary to protect the best interest of the City.
(12) Payment bond/labor and material bond. A payment bond and a labor and material bond may be required of the successful bidder, before entering into a contract, in such form and amount as may be necessary.
(13) Waiver of purchasing formalities. The City Administrator as purchasing agent reserves the right to waive all purchasing formalities when, in the opinion of the purchasing agent, the best interests of the City would be served.
Sec. 2-256. Materials testing.
Chemical and physical tests may be required of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with the specifications.
Sec. 2-257. Financial interests of public official, public member, or public employee; disclosure of potential conflict of interest.
(1) Definitions. The definitions of terms contained in this section shall be as set forth in Title 8-13-100 of the South Carolina Code of Laws, of 1976 as amended.
(2) Financial interest, refrain from participating: Any public official, public member, or public employee who has a financial interest in any business which contracts with the municipality for sale or lease of land, materials, supplies, equipment, or services or who personally engages in such matters shall make known that interest and shall refrain from voting upon or otherwise participating in his capacity as a public official, public member, or public employee in matters related thereto.
(3) Financial interest declarations: No public official, public member, or public employee may make, participate in making, or in any way attempt to use his office, membership, or employment to influence a governmental decision in which he, a family member, an individual with whom he is associated, or a business with which he is associated has an economic interest.
A public official, public member, or public employee who, in the discharge of his official responsibilities, is required to take an action or make a decision which effects an economic interest of himself, a family member, an individual with whom he is associated, or a business with which he is associated shall:
a. Prepare a written statement describing the matter requiring action or decision and the nature of his potential conflict of interest with respect to the action or decision.
b. If he is a public employee, he shall furnish a copy of the statement to his superior, if any, who shall assign the matter to another employee who does not have a potential conflict of interest.
c. If he is a public official, he shall furnish a copy of the statement to the presiding official of the City Council who shall require that the member be excused from any votes, deliberations, and other actions on the matter on which the potential conflict of interest exists and shall cause the disqualification, and the reasons for it to be noted in the City Council minutes.
d. If he is a public member, he shall furnish a copy of the statement to the presiding official of the agency, commission, or board on which he serves, who shall cause the statement to be printed in the minutes and shall require that the member be excused from any votes, deliberations, and other actions on the matter on which the potential conflict of interest exists and shall cause such disqualification and the reasons for it to be noted in the City Council minutes.
(4) Violation penalty: Any willful violation of this section shall constitute malfeasance in office, and any official or employee of the City found guilty thereof shall thereby forfeit his office or position and make restitution. Any violation of this section with knowledge, express or implied, of the person or corporation contracting with the City shall render the contract voidable at the option of the City.
Sec. 2-258. Records of purchase orders and bids.
All records associated with all bids and all purchases shall be kept and open for public inspection during normal working hours for a period of thirty-six (36) months.
Sec. 2-259. Surplus property, material and supplies.
(1) All departments of the City government shall submit at such times and in such form as may be prescribed, reports showing stocks of all supplies which are no longer used or which have become obsolete, worn out, or scrapped.
(2) Upon the approval of the City Administrator, surplus stock may be transferred to other offices, departments, or agencies of the City government.
(3) Upon the approval of the City Administrator, all property, material, or supplies which have become unsuitable for public use may be sold, exchanged, or traded in on new supplies. All sales of property, materials, or supplies which have become obsolete or unusable shall be advertised for sale on the main bulletin board of the municipal building and sold to the highest bidder by soliciting sealed bids or by public auction. All money received from such sales shall be paid into the appropriate fund of the City.
(4) Upon specific approval of City Council, the City Administrator may sell surplus property, materials, or supplies directly to another governmental agency without advertisement, sealed bids, or public auction.
Sec. 2-260. Gifts and rebates.
Every official and employee of the City is expressly prohibited from accepting, directly or indirectly, from any person, company, firm, or corporation to which any purchase order or contract is, or might be awarded, any rebate, gift, or money, except where given for the use and benefit of the City.
Sec. 2-261. Cooperative purchasing.
The City may join with other units of government in cooperative purchasing plans when the best interests of the City would be served thereby; provided that the City may make purchases of supplies and equipment through the property division of the state budget and control board without the formality of publication and receiving competitive bids.
II. This Ordinance shall become effective immediately upon its adoption on third and final reading.
III. All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF _________________, 1999.
ITEM 4. FINANCE: PURCHASING PROCEDURES - ORDINANCE, SECOND READING.
On motion by Councilmember McDowell, second by Councilmember Carpenter, Council unanimously passed on second reading an ordinance to revise the City’s purchasing procedures.
Please see item #3 above for the ordinance text.
ITEM 5. PLANNING: CULTURAL & NATURAL RESOURCES ELEMENTS OF THE COMPREHENSIVE LAND USE AND DEVELOPMENT PLAN - ADOPTION - ORDINANCE, FIRST READING.
On motion by Councilmember Sullivan, second by Councilmember Mottel, Council unanimously passed on first reading an ordinance to adopt the Cultural and Natural Resources elements of the City’s Comprehensive Land Use and Development Plan.
The ordinance text follows:ORDINANCE NO. 99-05
ADOPTING THE CULTURAL & NATURAL RESOURCES ELEMENTS
AND THE NORTH AUGUSTA CAPITAL IMPROVEMENT PROGRAM, 1998-2001,
OF THE COMPREHENSIVE LAND USE & DEVELOPMENT PLAN
IN ACCORDANCE WITH THE
CODE OF LAWS OF SOUTH CAROLINA,
TITLE 6, CHAPTER 29, ENTITLED
"COMPREHENSIVE PLANNING ENABLING ACT OF 1994,"
FOR THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA
WHEREAS, the Code of Laws of South Carolina, Title 6, Chapter 29, entitled "Comprehensive Planning Enabling Act of 1994," Article 3, entitled Local Planning--The Comprehensive Planning Process," Section 6-29-510, entitled "Planning process; elements; comprehensive plan," states:
(A) The local planning commission shall develop and maintain a planning process which will result in the systematic preparation and continual re-evaluation and updating of those elements considered critical, necessary, and desirable to guide the development and redevelopment of its area of jurisdiction.
(B) Surveys and studies on which planning elements are based must include consideration of potential conflicts with adjacent jurisdictions and regional plans or issues.
(C) The basic planning process for all planning elements must include, but not be limited to:
(1) inventory of existing conditions;
(2) a statement of needs and goals; and
(3) implementation strategies with time frames.
(D) A local comprehensive plan must include, but not be limited to, the following planning elements:
(1) a population element which considers historic trends and projections, household numbers and sizes, educational levels, and income characteristics;
(2) an economic development element which considers labor force and labor force characteristics, employment by place of work and residence, and analysis of the economic base;
(3) a natural resources element which considers coastal resources, slope characteristics, prime agricultural and forest land, plant and animal habitats, parks and recreation areas, scenic views and sites, wetlands, and soil types. Where a separate board exists pursuant to this chapter, this element is the responsibility of the existing board;
(4) a cultural resources element which considers historic buildings and structures, commercial districts, residential districts, unique, natural, or scenic resources, archaeological, and other cultural resources. Where a separate board exists pursuant to this chapter, this element is the responsibility of the existing board;
(5) a community facilities element which considers transportation network; water supply, treatment, and distribution; sewage system and waste water treatment; solid waste collection and disposal, fire protection, emergency medical services, and general government facilities; education facilities; and libraries and other cultural facilities;
(6) a housing element which considers location, types, age and condition of housing, owner and renter occupancy, and affordability of housing; and
(7) a land use element which considers existing and future land use by categories, including residential, commercial, industrial, agricultural, forestry, mining, public and quasi-public, recreation, parks, open space, and vacant or undeveloped.
(E) All planning elements must be an expression of the planning commission recommendations to the appropriate governing bodies with regard to the wise and efficient use of public funds, the future growth, development, and redevelopment of its area of jurisdiction, and consideration of the fiscal impact on property owners. The planning elements whether done as a package or in separate increments together comprise the comprehensive plan for the jurisdiction at any one point in time. The local planning commission shall review the comprehensive plan or elements of it as often as necessary, but not less than once every five years, to determine whether changes in the amount, kind, or direction of development of the area or other reasons make it desirable to make additions or amendments to the plan. The comprehensive plan, including all elements of it, must be updated at least every ten years."
WHEREAS, on September 18, 1995, the Mayor and City Council adopted the Comprehensive Land Use and Development Plan as recommended by the North Augusta Planning Commission, which included all the required elements except the Cultural and Natural Resources elements; and
WHEREAS, the North Augusta Planning Commission, following due process of law and scheduled public hearings, on March 25, 1999, by a unanimous vote, adopted the Cultural and Natural Resources Elements and the North Augusta Capital Improvement Program, 1998-2001, of the Comprehensive Land Use and Development Plan, and recommended that said Cultural and Natural Resources Elements and Capital Improvement Program be adopted by Mayor and City Council.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, IN MEETING DULY ASSEMBLED AND BY THE AUTHORITY THEREOF, THAT:
I. The Cultural and Natural Resources Elements of the Comprehensive Land Use and Development Plan and the North Augusta Capital Improvement Program, 1998-2001, as adopted and recommended by the North Augusta Planning Commission with any amendments thereto are hereby adopted as part of the official Comprehensive Land Use and Development Plan for the City of North Augusta.
II. The Cultural and Natural Resources Elements and the North Augusta Capital Improvement Program, 1998-2001, of the Comprehensive Land Use and Development Plan are attached hereto and made a permanent part of this Ordinance.
III. This Ordinance shall become effective immediately upon its adoption on third and final reading.
IV. All ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF ____________, 1999.
ITEM 6. PLANNING: CULTURAL & NATURAL RESOURCES ELEMENTS OF THE COMPREHENSIVE LAND USE AND DEVELOPMENT PLAN - ADOPTION - ORDINANCE, SECOND READING.
On motion by Councilmember Sullivan, second by Councilmember Mottel, Council unanimously passed on second reading an ordinance to adopt the Cultural and Natural Resources elements of the City’s Comprehensive Land Use and Development Plan.
Please see item #5 above for the ordinance text.
ITEM 7. PLANNING: WASHINGTON HOMES SITE - DEVELOPMENT PLANS - CITIZEN INQUIRY.
Mrs. Louise Frazier asked Council about the plans for development of the Washington Homes site. Council advised Mrs. Frazier that Mr. Otis Crowell is planning a development of 76 single-family attached homes on the property.
ITEM 8. CITY COUNCIL: OATH OF OFFICE - ADMINISTERED BY JUDGE THOMAS MURPHY FOR NEWLY ELECTED MEMBERS OF CITY COUNCIL.
Municipal Judge Thomas Murphy administered the Oath of Office individually to Councilmembers Carolyn Baggott, Ken McDowell, and Kent Sullivan.
There being no further business, Council adjourned.
Respectfully submitted,
APPROVED 5/17/99.
Leona J. Lewis
City Clerk