MINUTES OF JUNE 19, 2000
Lark W. Jones, Mayor
Carolyn C. Baggott, Councilmember
Pat C. Carpenter, Councilmember
Kenneth J. McDowell, Councilmember
Phillip T. Mottel, Councilmember
I. Kent Sullivan, Councilmember
ORDER OF BUSINESS
The regular meeting of June 19, 2000, having been duly publicized, was called to order at 7:00 P.M. by Mayor Jones.
Father Sandy McDonald of our Lady of Peace Catholic Church rendered the invocation and Mayor Lark Jones led in the Pledge of Allegiance.
Members present were Mayor Jones and Councilmembers Baggott, Carpenter, Mottel, and Sullivan. Councilmember McDowell was on vacation.
Also in attendance were Charles B. Martin, City Administrator; George M. Grkovic, Director of Economic and Community Development; John P. Potter, Jr., Mark S. Tate, Director of Public Utilities; Director of Finance; T. Lee Wetherington, Director of Public Safety; Thomas C. Zeaser, Director of Engineering/Public Works; and Donna B. Young, City Clerk.
The minutes of the regular meeting of June 5, 2000 and Special Called meeting of June 12, 2000 were approved as submitted by general consent.
ITEM 1. ANNEXATION: U. S. 25 North of I-20 – 260.74 ± Acres – Petition, Resolution to Accept
On motion by Councilmember Mottel, second by Councilmember Baggott, Council adopted a resolution accepting a petition to annex 260.74 ± acres of land located along the east side of U. S. 25 just north of I-20. This property is the former McElmurray property.
The resolution text is as follows:
RESOLUTION NO. 2000-14
TO ACCEPT PETITION FOR ANNEXATION OF
260.74 ± ACRES OF LAND LOCATED ON US 25 NORTH OF I-20
WHEREAS, Section 5-3-150 of the Code of Laws of the State of South Carolina provides that: "Any area or property which is contiguous to a municipality may be annexed to the municipality by filing with the municipal governing body a petition signed by all persons owning real estate in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the city or town, the annexation shall be complete;" and
WHEREAS, the governing body of the City of North Augusta determines it to be in the best interest of the City to accept a petition for annexation attached hereto dated June 13, 2000 of the property described below:
All those certain pieces, parcels, or tracts of land, with the improvements thereon, situate, lying and being in the County of Aiken, State of South Carolina, being shown as TRACT "A", CONTAINING 20.00 ACRES AND TRACT ‘B’ CONTAINING 240.7434 ACRES (The balance of Tract "B" is presently within the corporate limits of the City.), as shown on a plat prepared for A.M.C. Corporation by William H. McKie, III, RLS, dated June 16, 1998, and identified as Exhibit "A", which said plat is recorded in the Office of the RMC for Aiken County, South Carolina in Plat Book 42 at page 234. Reference is hereby made to said plat for a more complete and accurate description as to the metes, bounds and exact location of the property to be annexed.
This is a portion of the premises conveyed to the Grantor by deeds recorded in the Office of the RMC for Aiken County, South Carolina in Title Book 1393 at page 220 and Title Book 1088 at page 346.
The property to be annexed is also shown on a plat identified as Exhibit "B" titled "Plat of Miller Property (260.74 acres) Sought to be Annexed to the City of North Augusta, South Carolina."
Said property is identified by the following tax map parcel numbers:
TAX PARCEL NUMBERS: 00-014.0-01-008
00-014.0-01-251
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` Petition to Annex the property described herein is hereby accepted.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF _______________, 2000.
ITEM 2. ANNEXATION: U. S. 25 North of I-20 – 260.74 ± Acres – Ordinance, First Reading
On motion by Councilmember Sullivan, second by Councilmember Carpenter, Council unanimously passed on first reading an ordinance to effect the annexation of 260.74 ± acres of land located along the east side of U. S. 25 just north of I-20. Also included in the annexation is all of the adjoining rights-of-way of U. S. 25. The property to be annexed shall be zoned P-D, Planned Development and shall be added to the Future Land Use Element of the City’s Comprehensive Land Use and Development Plan and classified "Mixed Uses."
The ordinance text is as follows:
ORDINANCE NO. 2000-13
TO CHANGE THE CORPORATE LIMITS OF THE CITY OF NORTH AUGUSTA BY ANNEXING 260.74 ± ACRES OF LAND LOCATED ON US 25 NORTH OF I-20
WHEREAS, Section 5-3-150 of the Code of Laws of the State of South Carolina provides that: "Any area or property which is contiguous to a municipality may be annexed to the municipality by filing with the municipal governing body a petition signed by all persons owning real estate in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the city or town, the annexation shall be complete;" and
WHEREAS, the Mayor and City Council of the City of North Augusta, by adoption of Resolution No. 2000-14 dated June 19, 2000 accepted a Petition for Annexation and wish to annex the below-described property.
All those certain pieces, parcels, or tracts of land, with the improvements thereon, situate, lying and being in the County of Aiken, State of South Carolina, being shown as TRACT "A", CONTAINING 20.00 ACRES AND TRACT ‘B’ CONTAINING 240.7434 ACRES (The balance of Tract "B" is presently within the corporate limits of the City.), as shown on a plat prepared for A.M.C. Corporation by William H. McKie, III, RLS, dated June 16, 1998, and identified as Exhibit "A", which said plat is recorded in the Office of the RMC for Aiken County, South Carolina in Plat Book 42 at page 234. Reference is hereby made to said plat for a more complete and accurate description as to the metes, bounds and exact location of the property to be annexed.
This is a portion of the premises conveyed to the Grantor by deeds recorded in the Office of the RMC for Aiken County, South Carolina in Title Book 1393 at page 220 and Title Book 1088 at page 346.
The property to be annexed is also shown on a plat identified as Exhibit "B" titled "Plat of Miller Property (260.74 acres) Sought to be Annexed to the City of North Augusta, South Carolina."
Said property is identified by the following tax map parcel numbers:
TAX PARCEL NUMBERS: 00-014.0-01-008
00-014.0-01-251
Also included in the annexation is all of the adjoining rights-of-way of U. S. 25 as identified on Exhibit "B".
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 the property described herein shall be annexed into the City.
I. In conformance with the City’s Land Use and Development Plan, the property shall be added to the Future Land Use Element of the City’s Comprehensive Land Use and Development Plan and shall be classified "Mixed Uses" and zoned "PD, Planned Development," as shown on the plat attached hereto titled "Exhibit C, Land Use Classification and Zoning of Property Sought to be Annexed to the City of North Augusta, South Carolina."
II. All ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.
III. This Ordinance shall become effective immediately upon its adoption on third reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS _________ DAY OF ________________, 2000.
ITEM 3. ANNEXATION: U. S. 25 North of I-20 – 260.74 ± Acres – Ordinance, Second Reading
On motion by Mayor Jones, second by Councilmember Mottel, Council unanimously passed on second reading an ordinance to effect the annexation of 260.74 ± acres of land located along the east side of U. S. 25 just north of I-20. Also included in the annexation is all of the adjoining rights-of-way of U. S. 25. The property to be annexed shall be zoned P-D, Planned Development and shall be added to the Future Land Use Element of the City’s Comprehensive Land Use and Development Plan and classified "Mixed Uses."
Please see Item #2 above for the ordinance text.
ITEM 4. COUNCIL: Regular Meeting of July 3 – Cancel - Motion of Council
On motion by Mayor Jones, second by Councilmember Sullivan, Council passed a motion canceling the regular meeting date of July 3, 2000 due to the long July 4 holiday weekend.
ITEM 5. COUNCIL: Special meeting of July 10, 200 - Motion by Council
On motion by Mayor Jones, second by Councilmember Carpenter, Council passed a motion that a Special Called Meeting be held at 7:00 p.m. on Monday, July 10, 2000. Among the things for Council’s consideration at the special meeting are the following:
ITEM 6. DOWNTOWN REDEVELOPMENT: Streetscape, Phase I, Resolution to Proceed
On motion by Councilmember Baggott, second by Councilmember Carpenter, Council adopted a resolution authorizing the construction, project supervision and budget for the Georgia Avenue Streetscape program.
The resolution text is as follows:
RESOLUTION NO. 2000-15
AUTHORIZING CONSTRUCTION, PROJECT SUPERVISION, AND BUDGET FOR THE GEORGIA AVENUE STREETSCAPE, PHASE I
WHEREAS, with passage of Resolution No. 99-02, adopted February 1, 1999, Mayor and City Council authorized Cranston, Robertson & Whitehurst, P.C. to finalize construction documents for the Georgia Avenue Streetscape, Phase 1, and to move into the construction phase; and
WHEREAS, at the request of the South Carolina Department of Transportation, the plans for the streetscape project have been modified and upon modification by the City and subsequent approval by SCDOT, bids were received for the work. Beams Pavement Maintenance Company, Inc. was the apparent low bidder for the primary construction contract with a bid of $944,484.59.
NOW THEREFORE BE IT RESOLVED by the Mayor and City Council for the City of North Augusta in meeting duly assembled and by the authority thereof, that Beams Pavement Maintenance Company, Inc. is hereby awarded the bid for the base contract in the amount of $944,484.59.
BE IT FURTHER RESOLVED that the engineering firm of CH2MHill is hereby awarded the construction management contract with a not-to-exceed cost of $60,000.
BE IT FURTHER RESOLVED that the budget for the base contract, construction management and remaining elements of the Georgia Avenue Streetscape, Phase 1 shall be $1,600,000, with said funds coming from the Downtown/Riverfront Redevelopment Fund. The budget elements are as follows:
I. Base Contract $950,000
II. Landscape and Irrigation 110,000
III. Street Lights and Traffic Signals 225,000
IV. Furniture and Signage 30,000
V. Utility Relocation 70,000
VI. Construction Management 75,000
VII. Contingency 140,000
TOTAL PROJECT BUDGET $1,600,000
BE IT FURTHER RESOLVED that the City Administrator is duly authorized to execute construction documents, to make payments, and to sign all other documents related thereto.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF _______________, 2000.
ITEM 7. SPECIAL ELECTION: Agreement with Aiken County Elections Commission to Conduct the North Augusta 2000 Special Municipal Election – Ordinance, First Reading
On motion by Councilmember Carpenter, second by Councilmember Sullivan, Council unanimously passed on first reading an ordinance authorizing an agreement between the City and the Aiken County Registration and Elections Commission wherein the Commission would conduct the City’s special election scheduled for November 7, 2000, at an estimated cost of $1,557.00.
The ordinance text is as follows:
ORDINANCE NO. 2000-16
AUTHORIZING AN AGREEMENT WITHAIKEN COUNTY REGISTRATION AND ELECTIONS COMMISSION
TO CONDUCT THE NORTH AUGUSTA 2000 SPECIAL MUNICIPAL ELECTION
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. A Special Municipal Election for purpose of electing one member of City Council for the City of North Augusta, South Carolina, to fill a vacant position for an unexpired term ending May 7, 2001, has been established as Tuesday, November 7, 2000.
II. Section 5-15-145 of the South Carolina Code of Laws authorizes cities to transfer authority to conduct municipal elections to county elections commissions.
III. Mayor and City Council and the Municipal Election Commission feel that it is in the best interest of the voters of the City of North Augusta to authorize an agreement with the Aiken County Registration and Elections Commissions to conduct the Special Municipal Election as follows:
A. The Aiken County Registration and Elections Commission (the Commission) shall furnish all staff, equipment, materials, services, and supplies (vote recorders, ballots, ballot instruction pages and all other election forms) necessary for voting in accordance with State Law. It is agreed by the City of North Augusta that the ballots will be those required by State Law to be acquired by the Commission which shall have no responsibility therefore other than furnishing such ballots.
B. The Commission shall count and print the ballot totals according to precinct and cumulative total.
C. The Commission shall prepare, in advance, a "test set" of ballot cards for the election to verify to the satisfaction of the City representatives that the computer program is performing accurately. The City may prepare and provide to the Commission a "test set" of ballot cards for the election. The verification shall be conducted immediately before counting the actual ballots of the election. The "test" of the program will be prior to the date of election, consistent with State Law on November 3, 2000. The City shall have representatives present at such "test."
D. The Commission shall receive the ballots from the poll managers at Election Central, located at 916 Vacluse Road, shall inspect and process the ballots, using established ballot security techniques, and shall provide printed results of the election to the City (Municipal Election Commission.)
E. The Commission shall provide the polling places and an adequate place for reporting results of the election and shall have full responsibility for ascertaining that voters are voting in the proper precinct.
H. The City shall be responsible for all expenses incurred by the Commission in assisting with the election, including, but not limited to, the following:
1. To reimburse the Commission for the cost of all direct personnel, supplies, printing, and advertising expenses incurred in connection with the election. Personnel expenses for County employees under this section shall be compiled at the hourly rate of the amount budgeted in the Annual County Budget plus fringe benefits, or at an overtime rate if such is approved by the Commission.
2. To reimburse the Commission for use of equipment, based upon rates established by the Aiken County Council.
3. A travel allowance to each member of the Commission or staff assisting with the election at the mileage rate provided for by Aiken County in its annual budget.
4. An hourly compensation rate for each member of the Commission who assists with the election, at the rate of $10.00 per hour.
5. An overhead expense of 10% of all costs shall be charged.
I. An itemized estimate of expenses of the election shall be provided to the City in advance and made a part of this agreement. An itemized statement of actual expenses will be provided after the election. (See Attachment A.) The City agrees to promptly reimburse the Commission for all expenses billed within 30 days of receipt of the invoice. In case of non-payment of the invoiced amount, the Aiken County Registration and Elections Commission shall refer collection of the invoice to the Collection Division of the Management and Finance Department for enforced collection.
J. The City shall indemnify and hold harmless the County of Aiken and the Aiken County Registration and Elections Commission against any and all loss, damage, and/or liability that may be suffered, caused by or arising out of or in any way connected with the functions of the Commission as provided for in the Agreement.
K. All legal expenses incurred by the Commission, including legal work related to appeals of election returns to the State Election Commission or to the Judicial System, shall be reimbursed by the City.
IV. The Chairman of the North Augusta Municipal Election Commission is hereby authorized to sign an agreement with the Aiken County Registration and Elections Commission implementing this Ordinance.
V. All ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.
VI. This Ordinance shall become effective immediately upon its adoption on third reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ________ DAY OF __________________, 2000.
ITEM 8. SPECIAL ELECTION: Agreement with Aiken County Elections Commission to Conduct the North Augusta 2000 Special Municipal Election – Ordinance, Second Reading
On motion by Mayor Jones, second by Councilmember Mottel, Council unanimously passed on second reading an ordinance authorizing an agreement between the City and the Aiken County Registration and Elections commission wherein the Commission would conduct the City’s special election scheduled for November 7, 2000, at an estimated cost of $1,557.00.
Please see Item #7 above for the ordinance text.
ITEM 9. PARKS, RECREATION, & LEISURE SERVICES: Use of Riverview Park Picnic Shelter – Request of Mrs. Frazier
Mrs. Louise Frazier of 620 Alta Vista Avenue requested information regarding the use and cost of the Riverview Park Picnic Shelter. Mrs. Frazier was given Delores Bodie’s (in the Activities Center) telephone number and name to contact regarding this information.
ITEM 10. PUBLIC SAFETY: Fireworks, Ban Use During Drought – Emergency Ordinance
On motion by Mayor Jones, second by Councilmember Sullivan, Council unanimously passed an emergency ordinance that bans the using, firing, shooting, or discharging of fireworks within the City as long as the South Carolina Department of Natural Resources declares the drought status in Aiken County to be moderate, severe or extreme. This ordinance does not prohibit fireworks displays held in accordance with section 23-35-60 of the Code of Laws for South Carolina. This Emergency Ordinance may remain in effect for no more than 60 days unless introduced and passed in regular fashion on 3 readings.
The ordinance text is as follows:
EMERGENCY ORDINANCE
ORDINANCE NO. 2000-14
AMENDING SECTION 11-6 FIREWORKS
BY ADDING SUBPARAGRAPH "C" ESTABLISHING CERTAIN TIMES
WHEN THE USING, FIRING, SHOOTING, OR DISCHARGING OF FIREWORKS
WITHIN THE MUNICIPAL CORPORATE LIMITS ARE TOTALLY PROHIBITED
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:
An emergency situation currently exists which requires that an Ordinance be introduced and passed on the same day. Such ordinance relates to the use of fireworks within the Municipality.
The South Carolina Department of Natural Resources has upgraded the drought status for Aiken County to "MODERATE." A "MODERATE" drought declaration means that drought conditions have continued to deteriorate and are expected to persist. It is anticipated that the drought status for Aiken County will shortly be upgraded to either "SEVERE" or "EXTREME." Because of such conditions, fires of any nature could have catastrophic effects. The use of fireworks creates a substantial possibility of fire that could affect life, health, safety, or property of the people. The purpose of this ordinance is to protect the life, health, safety, and property of the people by totally prohibiting the use of fireworks in the Municipality during such drought conditions.
Sec. 11-6. Fireworks.
It shall be unlawful for persons to possess, sell, offer for sale, store, transport or use within the city any fireworks other than those classified by the Interstate Commerce Commission as Class C, "Common Fireworks", and specifically enumerated in the Code of Laws for South Carolina, 1976, in section 23-35-1.
(1) Within one hundred (100) feet of any gasoline storage tank.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS _________ DAY OF ________________, 2000.
ITEM 11. PUBLIC SAFETY: Fireworks, Ban Use During Drought – Permanent Ordinance, First Reading
On motion by Councilmember Mottel, second by Councilmember Carpenter, Council unanimously passed an on first reading an ordinance that bans the using, firing, shooting, or discharging of fireworks within the City at any time the South Carolina Department of Natural Resources declares the drought status in Aiken County to be moderate, severe or extreme. This ordinance is the permanent version of the temporary emergency ordinance in Item #10.
The ordinance text is as follows:
ORDINANCE NO. 2000-15
AMENDING SECTION 11-6 FIREWORKS
BY ADDING SUBPARAGRAPH "C" ESTABLISHING CERTAIN TIMES
WHEN THE USING, FIRING, SHOOTING, OR DISCHARGING OF FIREWORKS
WITHIN THE MUNICIPAL CORPORATE LIMITS ARE TOTALLY PROHIBITED
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:
Section 11.6 "Fireworks" is hereby amended by adding Subsection (c) and when amended shall read as follows:
Sec. 11-6. Fireworks.
(1) Within one hundred (100) feet of any gasoline storage tank.
(2) On the premises or within one hundred (100) feet of any school, church, athletic field or public gathering facility.
1. Within the passenger portion of any automotive vehicle.
This ordinance shall become effective immediately upon its adoption on third and final reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS _________ DAY OF ________________, 2000.
ITEM 12. PUBLIC SAFETY: Fireworks, Ban Use During Drought – Permanent Ordinance, Second Reading
On motion by Mayor Jones, second by Councilmember Sullivan, Council unanimously passed on second reading an ordinance that bans the using, firing, shooting, or discharging of fireworks within the City at any time the South Carolina Department of Natural Resources declares the drought status in Aiken County to be moderate, severe or extreme.
Please see Item #11 above for the ordinance text.
ITEM 13. PUBLIC UTILITIES: Director of Public Utilities - Mark S. Tate
Mayor Jones welcomed Mark S. Tate, Director of Public Utilities for the City of North Augusta. Mr. Tate expressed his willingness to serve the citizens of the City of North Augusta to the best of his abilities.
ITEM 14. PUBILC UTILITIES: 24-Inch Water Transmission Line and Booster Station – Resolution
On motion by Councilmember Baggott, second by Councilmember Mottel, Council adopted a resolution authorizing the construction of a 24-inch water transmission line from the North Augusta Industrial Park to Ascauga Lake Road in the vicinity of U. S. 25 and a 3-MGD booster station. This resolution also authorizes acquisition of rights-of-way required for the project.
The resolution text is as follows:
RESOLUTION NO. 2000-16
AUTHORIZING CONSTRUCTION OF A 24-INCH WATER TRANSMISSION LINE FROM THE INDUSTRIAL PARK TO ASCAUGA LAKE ROAD AT U.S. 25 AND A 3-MGD BOOSTER STATION
WHEREAS, B. P. Barber & Associates, Inc. the City’s engineering consultant firm for the water system, in a report titled "Water Distribution System Study" dated December, 1998 recommends the installation of a 24-inch water main originating in the North Augusta Industrial Park and running generally parallel to an existing gas line and connecting to the City’s distribution system in the vicinity of Ascauga Lake Road at U.S. 25 along with a 3-MGD booster pump station at an estimated cost of $2,573,200; and
WHEREAS, the North Augusta Engineering Department has designed the recommended line and is now ready to submit final plans to the South Carolina Department of Health and Environmental Control; and
WHEREAS, the City is prepared to, immediately upon receipt of DHEC approvals, acquire the necessary rights-of-way and begin construction of the line.
NOW THEREFORE BE IT RESOLVED by the Mayor and City Council for the City of North Augusta in meeting duly assembled and by the authority thereof that the 24-inch water transmission line and 3-MGD booster station is hereby approved for construction and acquisition of rights-of-way.
BE IT FURTHER RESOLVED that the City Administrator or his designee is hereby authorized to sign all required documents related to contracts, acquisition of materials and rights-of-way, pay requests and all other documents related to the project.
BE IT FURTHER RESOLVED that funding for this project shall come form the Gross Utility Revenue Construction Fund.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF _______________, 2000.
There being no further business, Council adjourned.
APPROVED: 7/10/00