Lark W. Jones, Mayor

Carolyn C. Baggott, Councilmember

Pat C. Carpenter, Councilmember

Kenneth J. McDowell, Councilmember

Phillip T. Mottel, Councilmember

I. Kent Sullivan, Councilmember

  PUBLIC HEARING

The regular meeting of September 18, 2000, having been duly publicized, was called to order by Mayor Jones following the conclusion of the above public hearing.

Reverend Alex Pope of First Providence Baptist Church of Christ rendered the invocation and Mayor Lark Jones led in the Pledge of Allegiance.

Members present were Mayor Jones and Councilmembers Baggott, Carpenter, McDowell, Mottel, and Sullivan.

Also in attendance were Charles B. Martin, City Administrator; Kelly Zier, City Attorney; Bob Brooks, Director of Parks, Recreation, and Leisure Services; John P. Potter, Jr., Director of Finance; Mark S. Tate, Director of Public Utilities; 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 and study session of August 21, 2000, were approved as presented by general consent.

ITEM 1. ANNEXATION: Old Edgefield and Brigham Roads - 22.41 ± Acres – Glenn Gentry - Ordinance, First Reading

On motion by Councilmember Sullivan, second by Councilmember McDowell, Council considered an ordinance on first reading to annex 22.41 ± acres located on Old Edgefield and Brigham Roads. Voting for the ordinance were Mayor Jones, Councilmembers Sullivan and McDowell. Voting against the ordinance were Councilmembers Carpenter, Baggott, and Mottel. The motion died for lack of a majority. The annexation was denied.

ITEM 2. ANNEXATION: US 25 and Ascauga Lake Road – Petition, Resolution to Accept

On motion by Councilmember Mottel, second by Councilmember Baggott, Council unanimously adopted a resolution accepting the petition of Georgialina Enterprises, Inc., Edward O. Bryant, Sr., Joel H. Bryant, Canal Land Fund, Inc., SC Department of Highways and Public Transportation, and C. T. Harris, Inc. in which they requested the annexation of 28.31 ± acres of land located on US 25 and Ascauga Lake Road.

TO ACCEPT PETITION FOR ANNEXATION OF

28.31 ± ACRES OF LAND LOCATED

ON US 25 AND ASCAUGA LAKE ROAD

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 seventy-five percent or more of the freeholders, . . . ., owning at least seventy-five percent of the assessed valuation of the real property 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 municipality, the annexation is complete;" and

WHEREAS, having been duly advertised, a public hearing was held on Monday, September 18, 2000, at 7:00 p.m. for the purpose of receiving public input on the requested annexation; and

WHEREAS, all affected property owners and service providers have been properly notified of the petition for annexation attached hereto; and

WHEREAS, the governing body of the City of North Augusta determines it to be in the best interest of the City to accept the petition for annexation attached hereto dated April 11, 2000 of the property described below:

ITEM 3. ANNEXATION: US 25 and Ascauga Lake Road – Ordinance, First Reading

On motion by Councilmember Mottel, second by Councilmember Baggott, Council unanimously passed on first reading an ordinance to affect the annexation of 28.31 ± acres of land located on US 25 and Ascauga Lake Road. Also, included are the adjoining rights-of-way of US 25 and Ascauga Lake Road. The properties in question with one exception are developed. The developments include a truck terminal, the State driver’s license office, a convenience store and a motel under construction. One parcel is vacant and is on the market with no specific plans at this time. Zoning for the properties is C3, General Commercial for all of the parcels with one exception, Bryant’s Convenience Store, parcel #2 on the annexation plat. They have requested a C-5, Thoroughfare Commercial category for a period not to exceed 5 years.

TO CHANGE THE CORPORATE LIMITS OF THE CITY OF NORTH AUGUSTA

BY ANNEXING 28.31 ± ACRES OF LAND

LOCATED ON US 25 AND ASCAUGA LAKE ROAD

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 seventy-five percent or more of the freeholders, . . . ., owning at least seventy-five percent of the assessed valuation of the real property 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 municipality, the annexation is complete;" and

WHEREAS, the Mayor and City Council of the City of North Augusta, by adoption of Resolution No. 2000-19, dated September 18, 2000, accepted a Petition for Annexation and wish to annex the below-described property.

Tax Map Parcel Number Acres +/-

1. 00-015-0-01-238 2.30

2. 00-015-0-01-237 0.92

3. 00-015-0-01-023 11.00

4. 00-015-0-01-370 3.00

5. 00-015-0-01-302 7.90

I. The property described herein shall be annexed into the City.

II. Also, included herein are the rights-of-way of US 25 and Ascauga Lake Road fronting on the property to be annexed and as shown on Exhibit "A."

III. In conformance with the City’s Future Land Use and Development Plan, the properties shall be zoned as follows: Parcel #1, "C-3, General Commercial;" Parcel #2, "C-5, Thoroughfare Commercial;" Parcel #3, "C-3, General Commercial;" Parcel #4, "C-3, General Commercial;" and Parcel #5, "C-3, General Commercial" as shown on the plat attached hereto titled "Exhibit B, Land Use Classification and Zoning of Property Sought to be Annexed to the City of North Augusta, South Carolina."

IV. All ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

V. 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 4. ANNEXATION: US 25 and Ascauga Lake Road – Ordinance, Second Reading
On motion by Mayor Jones, second by Councilmember Baggott, Council unanimously passed on second reading an ordinance to effect the annexation of 28.31 ± acres of land located on US 25 and Ascauga Lake Road.

Please see ITEM # 3 above for the ordinance text.

ITEM 5. CITIZEN COMMENTS: Jeanne McDaniel

Mrs. McDaniel voiced her concerns over the attention needed at the Gibbs House and the status of the Seven Gables. She also informed Council that the History Book, Volume II, would be ready for sale in the near future.

ITEM 6. COMMUNITY PROMOTION: Aiken County Chapter of the American Red Cross – Presentation of Certificate of Merit Award to Isaac Kelly

Gordon Cox of the Aiken County Chapter of the American Red Cross presented a Certificate of Merit award to Isaac Kelly, a recent graduate of North Augusta High School. On February 15, 1999, Mr. Kelly saved his father’s life by using CPR skills learned by attending a Red Cross training class.

ITEM 7. COMMUNITY PROMOTION: Constitution Week - September 17 - 23, 2000, - Proclamation

Mayor Jones proclaimed the week of September 17 - 23, 2000 as Constitution Week in the City of North Augusta. Diane Roy from the Martintown Road Chapter of the D.A.R. accepted the proclamation.

The proclamation text is as follows:
PROCLAMATION

WHEREAS, our Founding Fathers, in order to secure the blessings of liberty for themselves and their posterity, did ordain and establish a Constitution for the United States of America; and

WHEREAS, September 17, 2000, marks the two hundred and twelfth anniversary of the drafting of the Constitution of the United States by the Constitutional Convention; and

WHEREAS, the anniversary of the signing of the Constitution provides an historic opportunity for all Americans to learn about and recall the achievements of our Founders, and to reflect on the rights and privileges of citizenship as well as its attendant responsibilities; and

 WHEREAS, the independence guaranteed to the American people by the Constitution should be celebrated by appropriate ceremonies and activities during Constitution Week, September 17 through 23, 2000, as designated by proclamation of the President of the United States of America in accordance with Public Law 915.

NOW THEREFORE, I, Lark W. Jones, Mayor of the City of North Augusta, South Carolina, do hereby proclaim September 17-23, 2000, as

CONSTITUTION WEEK

in the City of North Augusta, South Carolina, and urge all our citizens to reflect during that week on the many benefits of our Federal Constitution and the privileges and responsibilities of American citizenship.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North Augusta, South Carolina, to be affixed this 18th day of September, 2000.
ITEM 8. ELECTION: 2000 Special Municipal Election – Certification of Candidate – Council Acceptance – Receive as Information

Council received as information the Certification of the candidate for the November 7, 2000, Special Municipal Election from the Municipal Election Commission.

The certification letter from the Municipal Election Commission is as follows:

September 11, 2000

The Honorable Lark W. Jones, Mayor

City of North Augusta

P. O. Box 6400

North Augusta, South Carolina 29861

Dear Mayor Jones:

The following candidate has been certified by the Municipal Election Commission to you and council for the Special Election on November 7, 2000 to fill one vacancy on City Council:

Arthur H. Shealy

No other candidates have qualified by petition or nomination as of the deadline of September 8 as set by city ordinance no. 2000-12.

Sincerely,

John M. Younginer, Jr.

Chairman

 ITEM 9. FINANCE: Local Hospitality Sales Tax – Reduction From Two-Cents to One-Cent – Ordinance, First Reading

On motion by Councilmember Carpenter, second by Councilmember McDowell, Council unanimously passed on first reading an ordinance to reduce the Local North Augusta Hospitality Tax from two-cents to one-cent upon the effective date of the proposed one-cent Capital Projects Sales Tax and for the duration of said Capital Projects Sales Tax.

The ordinance text is as follows:

ORDINANCE NO. 2000-21

REDUCING THE LOCAL HOSPITALITY TAX

BY ONE-CENT UPON THE EFFECTIVE DATES OF

A ONE-CENT CAPITAL PROJECTS SALES TAX

WHEREAS, with the adoption of ordinance No. 98-11 on October 19, 1998, North Augusta City Council established a two-cent Local Hospitality Sales Tax within the City to "improve and increase tourism related activities and facilities by redeveloping the Downtown and Riverfront Districts and other areas of the City of North Augusta;" and

WHEREAS, with the adoption of ordinance No. 00-08-23 on August 8, 2000, Aiken County Council voted to place on the November 7, 2000 general election ballot for voter approval a one-cent Capital Projects Sales Tax to be levied throughout Aiken County; and

WHEREAS, if approved, the proceeds from the one-cent Capital Projects Sales Tax will be used to fund specific capital projects throughout Aiken County, including projects within the City of North Augusta that have been identified and approved by North Augusta City Council; and

WHEREAS, a portion of the one-cent Capital Projects Sales Tax proceeds has been designated for projects within the City of North Augusta with the expressed pledge by City Council and the understanding by Aiken County Council that the North Augusta Local Hospitality Sales Tax would be reduced by one-cent for the duration of the one-cent Capital Projects Sales Tax. A portion of the funding designated for projects within the City of North Augusta is for capital projects otherwise eligible for funding from the Hospitality Sales Tax within the City; and

WHEREAS, North Augusta City Council feels that the one-cent Capital Projects Sales Tax serving the entire County is of major importance to the economic development of Aiken County and of the City of North Augusta. City Council further believes that the North Augusta Local Hospitality Sales Tax should be reduced from two-cents to one-cent if the one-cent Capital Projects Sales Tax is approved by the voters of Aiken County.

NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council for the City of North Augusta in meeting duly assembled and by the authority thereof that:
I. Section 21-23, titled "Imposition of Local Hospitality Tax" shall be amended and when amended shall read as follows:

III. This ordinance shall become effective immediately upon the effective date of a one-cent Capital Projects Sales Tax approved by the voters of Aiken County.

DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS _________ DAY OF ________________, 2000.

ITEM 10. FINANCE: One-Cent Capital Projects Sales Tax – Identification of the Streets, Roads, and Sidewalks to Be Funded – Resolution

On motion by Mayor Jones, second by Councilmember Sullivan, Council adopted a resolution identifying the specific listings of streets involved in each of the street resurfacing, street reconstruction, and sidewalk construction programs.

The resolution text is as follows:
RESOLUTION NO. 2000-22

IDENTIFYING THE STREETS, ROADS, AND SIDEWALKS

TO BE FUNDED BY THE ONE-CENT CAPITAL PROJECTS SALES TAX
 
 

WHEREAS, with the adoption of ordinance No. 00-08-23 on Augusta 8, 2000, Aiken County Council voted to place on the November 7, 2000 general election ballot for voter approval a one-cent Capital Projects Sales Tax to be levied throughout Aiken County; and

WHEREAS, if approved, the proceeds from the one-cent Capital Projects Sales Tax will be used to fund specific capital projects throughout Aiken County, including projects within the City of North Augusta that have been identified and approved by North Augusta City Council; and

WHEREAS, on July 10, 2000, City Council approved the categories of projects to be funded within the City from the one-cent Capital Projects Sales Tax, including three (3) programs associated with street improvements. These are the Street Resurfacing Program for $850,000, the Street Reconstruction Program for $1,600,000 and the Sidewalk Construction Program, Phase I, for $753,000. City Council now wishes to identify the specific streets to be funded from each of these three categories.

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 streets identified in

1. Attachment "A", titled "Capital Projects Sales Tax Street Resurfacing Program"
2. Attachment "B" titled " "Capital Projects Sales Tax Street Reconstruction Program"

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. FINANCE: Budget Adjustments – Motion To Place On Agenda

On motion by Councilmember Baggott, second by Councilmember Mottel, Council unanimously voted to place on the agenda consideration of the budget adjustments being made to offset the anticipated increased and unbudgeted expenses for health insurance and gasoline.

ITEM 12. FINANCE: Budget Adjustments – Motion To Use Unused Salaries

A motion was made by Councilmember Baggott, second by Councilmember McDowell, to ensure full funding for all departments in FY 2000, and for FY 2000 only unused salaries instead of operation and maintenance line item adjustments as implemented by staff should be used to offset budget increases in health insurance and gasoline costs.

Voting for the motion was Councilmember Baggott. Voting against the motion were Mayor Jones, Councilmembers Carpenter, McDowell, Mottel, and Sullivan. The motion failed.

 ITEM 13. FINANCE: Budget Adjustments – Motion To Allow Accounts To Overrun

On motion by Mayor Jones, second by Councilmember Baggott, Council unanimously voted to allow the departmental gasoline and health insurance accounts to overrun. The staff encumbrances previously put in place would be removed. The overruns would be covered first by unexpended operation and maintenance funds within each department, then, if needed, by unused salaries within the department, and then, if needed, from available funds from other departments, including salary accounts.

ITEM 14. UTILITIES: Savannah Bluff Lock and Dam – Memorandum of Understanding – Authorization of Signature – Resolution

On motion by Councilmember Mottel, second by Councilmember Baggott, Council unanimously adopted a resolution authorizing the signature of the City Administrator on a Memorandum of Understanding that would spell out the general guidelines within which we would expect to accept title and operate the Savannah Bluff Lock and Dam once the facility has been renovated to meet present day standards. For the purpose of this Memorandum of Understanding the stakeholders are:
 

Aiken County	DSM Chemical North America, Inc.
North Augusta	General Chemical Corporation
Augusta-Richmond County	PCS Nitrogen
SCE&G Urquhart Station	Kimberly-Clark Corporation

 

WHEREAS, the Savannah Bluff Lock and Dam was constructed by the US Army Corps of Engineers on the Savannah River in 1937 to promote navigation on the Savannah River; and

WHEREAS, the Corps has determined that the lock and dam no longer serves a federal purpose and is considering the decommissioning and removal of the facility; and

WHEREAS, due to the importance of the Lock and Dam in maintaining pool elevation in the Savannah River in the North Augusta portion of the river for public drinking water supply, wastewater discharge, industrial water supply and recreational purposes, the City has a vested interest in having the current facility maintained in a safe operational status; and

 WHEREAS, the Corps of Engineers has indicated a willingness to consider transfer of the facility to local sponsors who would be responsible for future maintenance and operation consistent with the Corps’ requirements for water flow and quality standards; and

WHEREAS, North Augusta and Aiken County have proposed to act as local sponsors for the purpose of negotiating with the Corps of Engineers and have joined with other stakeholders in developing a Memorandum of Understanding regarding the facility and future operations thereof; and

WHEREAS, It is the belief of City Council that the Savannah Bluff Lock and Dam should be maintained, thus protecting the pool level along the North Augusta shore and should join with the other stakeholders in execution of the Memorandum of Understanding which is attached hereto and made a permanent part hereof.

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 City Administrator is hereby authorized to sign on behalf of the City of North Augusta the attached Memorandum of Understanding regarding the future operations and maintenance of the Savannah Bluff Lock and Dam.

DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF _______________, 2000.

 The Memorandum of Understanding is as follows:

1. Authorization – The Secretary of the Army will be authorized by congressional legislation to repair and rehabilitate the Savannah Bluff Lock and Dam at federal expense, and upon completion, to convey the facility to Aiken County and the City of North Augusta, South Carolina.
2. Appropriations – Necessary funds will be made available through congressional action for the full repair and rehabilitation of the Savannah Bluff Lock and Dam. Current estimates for this repair and rehabilitation, as identified in the Draft 216 Disposition Report for the Savannah Bluff Lock and Dam, are $6,814,000. However, should the costs exceed this estimate, the full financial responsibility will be that of the Federal government.

1. Local sponsors: Aiken County North Augusta
2. Contractor: The local sponsors will contract with SCE&G for the operation of the project.
3. Operating Agency: The Savannah Bluff Lock and Dam will be operated from either within a department of Aiken County or North Augusta or a third combined entity. This decision will be made in large part based upon the issue of liability exposure.
4. Stakeholders:

• Initial Stakeholders - The initial stakeholders are:

• Future Stakeholders -

1. Operational Expenses:

• All costs associated with the Savannah Bluff Lock and Dam will be shared on a percentage basis. For the initial stakeholders the percentage of participation will be:

• The participating industrial/commercial stakeholders shall not be charged additionally through special taxes or fees for any costs associated with maintaining the Savannah Bluff Lock and Dam. If a special district is set up for the purpose of generating revenues for the expenses associated with the facility, the participating industrial/commercial stakeholders shall be credited for any amount paid by said stakeholder under this agreement.

1. Finances:

• A separate enterprise fund will be established for the purpose of financial accounting in association with maintaining the Savannah Bluff Lock and Dam.
• The enterprise fund will be reflected annually in the Aiken County and/or North Augusta audits.
• A separate audit would be available at the cost of the requesting party.

• All revenues from whatever source shall be credited to the project in the following order:

1. Annual operations
2. Depreciation/Contingency
3. Local sponsors

• All direct costs incurred by the contractor (SCE&G) or the local sponsors (Aiken County and North Augusta) will be charged to the enterprise fund.
• No indirect costs of any nature will be charged to the enterprise fund.
• Billing to the stakeholders will be annually and in advance.
• Unanticipated costs (capital and maintenance costs not included within the approved budget) will be shared by the stakeholders in the same percentages as outlined for budgeted costs.

7. Budget:


The local sponsors will prepare and submit to the stakeholders for approval an annual budget of projected revenues and expenditures prior to commencement of each fiscal year. Each stakeholder will have one vote.

8. Operations:


The Savannah Bluff Lock and Dam will be operated within the guidelines that are established by the Corps of Engineers.

Requests for considerations as to operations, such as special events or water levels, will be directed to the Army Corps of Engineers. The Corps will in turn instruct SCE&G regarding any modifications to normal operations. Aiken County and North Augusta will not be directly involved in the daily operations of the facility.

9. Stakeholders Review Committee: Each stakeholder will be asked to designate a representative to the Stakeholder Advisory panel. Each of the 8 initial stakeholders will have one voice. Any new stakeholder will automatically have a representative. Representatives should be able to speak for their respective agency/company.

APPROVED: 10/2/00