020612 Council Mtg MIns Adopted North
Augusta
South Carolina's Riuerfront
MINUTES OF FEBRUARY 6, 2012
Lark W. Jones, Mayor
James M. Adams, Jr., Councilmember
Carolyn C. Baggott, Councilmember
Pat C. Carpenter, Councilmember
Kenneth J. McDowell, Councilmember
Arthur H. Shealy, Councilmember
Jason M. Whinghter, Councilmember
ORDER OF BUSINESS
PUBLIC HEARING
ITEM 1. UTILITIES: Confirming Under the Terms of Section 5-31-920 of the Code
of Laws of South Carolina, 1976, As Amended, The Entry Into A
Wastewater Capacity Transfer Agreement and Wastewater Services
Agreement Between the City of North Augusta, South Carolina, the City of
Aiken, South Carolina, and Aiken County, South Carolina, d/b/a Aiken
County Public Service Authority, And Other Matters Relating Thereto
Having been duly advertised and pursuant to Section 5-31-930 (a) of the South
Carolina Code of Laws a public hearing was held on Monday, February 6, 2012,
at 7:00 P.M. in the North Augusta City Council Chambers for the purpose of
receiving public input on to discuss and confirm the entry by the City into (1) a
wastewater capacity transfer agreement (the "Wastewater Capacity Transfer
Agreement") with Aiken County, South Carolina (the "County"), and (2) a new
wastewater services agreement (the "New Wastewater Services Agreement")
with the County.
Minutes of Regular Meeting of 2/06/12
The purpose of the Wastewater Capacity Transfer Agreement is to: (a) settle the
disputed amounts billed by the County for sewer treatment services provided by
the County to the City; (b) provide for the transfer and sale of additional capacity
in the County's wastewater treatment facility (the "Facility") to the City and
Aiken; and (c) memorialize the overall capacity allocation rights in the Facility,
both prior to and following such transfers and sales. The purpose of the New
Wastewater Services Agreement is to set forth the terms governing the provision
of wastewater treatment services to the City and Aiken by the County. The City
of Aiken, South Carolina("Aiken") is also a party to the agreements.
Members present were Mayor Jones and Councilmembers Adams, Baggott,
Carpenter, McDowell, Shealy, and Whinghter.
Also in attendance were B. Todd Glover, City Administrator; John P. Potter, Jr.,
Director of Finance; Richard L. Meyer, Interim Director of Parks, Recreation,
and Leisure Services; Scott L. Sterling, Interim Director of Planning and
Economic Development; John C. Thomas, Director of Public Safety; Thomas C.
Zeaser, Director of Engineering and Public Works; James E. Sutton, Deputy
Director of Public Services; Diana H. Miller, Manager of Human Resources; and
Donna B. Young, City Clerk.
Following a time for citizen comment with no comments, the public hearing was
adjourned.
ORDER OF BUSINESS
REGULAR MEETING
The regular meeting of February 6, 2012, having been duly publicized, was called to order by
Mayor Jones at 7:00 p.m. Mayor Jones rendered the invocation and led in the Pledge of
Allegiance.
Members present were Mayor Jones and Councilmembers Adams, Baggott, Carpenter,
McDowell, Whinghter, and Shealy.
Also in attendance were B. Todd Glover, City Administrator; John P. Potter, Jr., Director of
Finance; Richard L. Meyer, Interim Director of Parks, Recreation, and Leisure Services; Scott
L. Sterling, Interim Director of Planning and Economic Development; John C. Thomas, Director
of Public Safety; Thomas C. Zeaser, Director of Engineering and Public Works; James E.
Sutton, Deputy Director of Public Services; Diana H. Miller, Manager of Human Resources; and
Donna B. Young, City Clerk.
Minutes of Regular Meeting of 2/06/12
The minutes of the Special Called meeting of January 17, 2012, were approved by general
consent.
ITEM 1. ANNEXATION: Property located at 356 Edisto Drive, Tax Parcel
Number 012-11-08-014, 0.33 t Acres, Owned by Sarah A. Luckey — Petition,
Resolution to Accept
On motion by Councilmember Shealy, second by Councilmember Whinghter,
Council unanimously passed a resolution accepting an annexation petition for
0.33 ± acres located at 356 Edisto Drive and owned by Sarah A. Luckey. This
property is identified as Tax Parcel Number 012-11-08-014.
The resolution text is as follows:
RESOLUTION NO. 2012-01
TO ACCEPT A PETITION FOR ANNEXATION
OF 0.33 ± ACRES OF PROPERTY LOCATED
AT 356 EDISTO DRIVE
AND OWNED BY SARAH A. LUCKEY
WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South
Carolina provides that: "Notwithstanding the provisions of subsections (1) and (2) of this
section, 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 municipality, the annexation is 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 January 13, 2012.
The property sought to be annexed is described as follows:
All that certain piece, parcel or lot of land, with the improvements thereon,
situate, lying and being in the County of Aiken, State of South Carolina, being
shown and designated as Lot Three (3), Block D, Northwood Subdivision,
Section I, as shown on a plat recorded in the Office of the RMC for Aiken
County, South Carolina in Plat Book 8, page 166. Reference is hereby made to
said plat for a more complete and accurate description as to the metes, bounds
and exact location of the within conveyed property.
This is the property conveyed to John C. Merritt and Sheryl S. Merritt by deed of
Lenora Ann Padgett McFather f/k/a Lenora Ann Padgett, dated July 2, 1984,
recorded in the Office of the RMC for Aiken County, South Carolina in Title
Book 835 at page 324; and to Sarah A. Luckey by deed of John C. Merritt and
Sheryl S. Merritt a/k/a Sheryl T. Merritt, Grantors, dated September 27, 2011,
Minutes of Regular Meeting of 2/06/12
recorded in the Office of the RMC for Aiken County, South Carolina in Title
Book 4373, pages 2469-2471.
Said property is identified by the following Tax Parcel Number:
012-11-08-014
The property to be annexed is also shown on a map identified as "Exhibit A"
titled "Map of Property Sought to be Annexed to the City of North Augusta" dated January 6,
2012, and prepared by the City of North Augusta.
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
, 2012.
ITEM 2. ANNEXATION: Property located at 356 Edisto Drive, Tax Parcel
Number 012-11-08-014, 0.33 t Acres, Owned by Sarah A. Luckey —
Ordinance, First Reading
On motion by Councilmember McDowell, second by Councilmember Shealy,
Council unanimously passed on first reading an ordinance to effect the
annexation of 0.33 ± acres located at 356 Edisto Drive, and owned by Sarah A.
Luckey. This property is identified as Tax Parcel Number 012-11-08-014.
The zoning classification recommended for this property, R-10, Medium Lot,
Single Family Residential, is consistent with the future land use classification of
the property, as specified in the Future Land use Element of the 2005
Comprehensive Plan.
The ordinance text is as follows:
ORDINANCE NO. 2012-01
TO CHANGE THE CORPORATE LIMITS
OF THE CITY OF NORTH AUGUSTA
BY ANNEXING 0.33 f ACRES OF PROPERTY LOCATED
AT 356 EDISTO DRIVE
AND OWNED BY SARAH A. LUCKEY
WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South
Carolina provides that: "Notwithstanding the provisions of subsections (1) and (2) of this
section, any area or property which is contiguous to a municipality may be annexed to the
Minutes of Regular Meeting of 2/06/12
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 municipality, the annexation is complete"; and
WHEREAS, the Mayor and City Council of the City of North Augusta, by
adoption of Resolution No. 2012-01 dated February 6, 2012, accepted a Petition for Annexation
and wish to annex the below described properties; and
WHEREAS, the zoning classification recommended for the properties proposed
for annexation has been reviewed for consistency with the Future Land Use Classification of the
properties as specified in the Land Use Element of the 2005 Comprehensive Plan;
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 following described properties shall be annexed into the City of North
Augusta:
All that certain piece, parcel or lot of land, with the improvements thereon,
situate, lying and being in the County of Aiken, State of South Carolina, being
shown and designated as Lot Three (3), Block D, Northwood Subdivision,
Section I, as shown on a plat recorded in the Office of the RMC for Aiken
County, South Carolina in Plat Book 8, page 166. Reference is hereby made to
said plat for a more complete and accurate description as to the metes, bounds
and exact location of the within conveyed property.
This is the property conveyed to John C. Merritt and Sheryl S. Merritt by deed of
Lenora Ann Padgett McFather f/k/a Lenora Ann Padgett, dated July 2, 1984,
recorded in the Office of the RMC for Aiken County, South Carolina in Title
Book 835 at page 324; and to Sarah A. Luckey by deed of John C. Merritt and
Sheryl S. Merritt a/k/a Sheryl T. Merritt, Grantors, dated September 27, 2011,
recorded in the Office of the RMC for Aiken County, South Carolina in Title
Book 4373, pages 2469-2471.
Said property is identified by the following Tax Parcel Number:
012-11-08-014
The property to be annexed is also shown on a map identified as "Exhibit A"
titled "Map of Property Sought to be Annexed to the City of North Augusta"
dated January 6, 2012, and prepared by the City of North Augusta.
II. Also included herein are the rights of way of Edisto Drive adjoining the
properties to be annexed as shown on a map identified as "Exhibit B" titled
Minutes of Regular Meeting of 2/06/12
"ANX 12-001 Map of Property Sought to be Annexed to the City of North
Augusta" dated January 6, 2012 and prepared by the City of North Augusta.
III. The zoning classification recommended for the properties to be annexed is
consistent with the Future Land Use Classification of the properties as specified
in the Land Use Element of the 2005 Comprehensive Plan; therefore, the
properties shall be zoned R-10, Medium Lot, Single-Family Residential, as
shown on a map identified as "Exhibit C" titled "ANX 12-001 Zoning of
Property Sought to Be Annexed to the City of North Augusta" dated January 6,
2012 and prepared by the City of North Augusta.
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
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
52012.
ITEM 3 ANNEXATION: Property located at 356 Edisto Drive, Tax Parcel
Number 012-11-08-014, 0.33 t Acres, Owned by Sarah A. Luckey —
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
0.33 ± acres located at 356 Edisto Drive, and owned by Sarah A. Luckey. This
property is identified as Tax Parcel Number 012-11-08-014.
The zoning classification recommended for this property, R-10, Medium Lot,
Single Family Residential, is consistent with the future land use classification of
the property, as specified in the Future Land use Element of the 2005
Comprehensive Plan.
Please see Item No. 2 above for the ordinance text.
ITEM 4 BOARDS AND COMMISSIONS: Appointments — Recommendation by
Mayor
Upon the recommendation and motion of Mayor Jones, with a second by
Councilmember Adams, Council unanimously approved the appointments for the
following Boards and Commissions by acclamation.
Minutes of Regular Meeting of 2/06/12
Name Term Expires New/Reappointment
Building Codes Board of Adjustments&Appeals
Milledge Johnson 1/31/16 Reappointment
Forrest McKie 1/31/16 Reappointment
Board of Zoning Appeals
John(Hap)Greeneway 1/31/16 Reappointment
Planning_Commission
Richard Fletcher 1/31/16 Reappointment
Len Carter 1/31/16 Reappointment
Recreation&Parks Advisory Commission
Andy Baxley, Jr. 1/31/16 Reappointment
Nan Burns 1/31/16 Reappointment
ITEM 5 ENGINEERING• Engineering Agreement with Cranston Engineering
Group Re Hammond's Ferry—Motion to Approve
On motion by Mayor Jones second by Councilmember McDowell Council
passed a motion to approve an engineering agreement with Cranston Engineering
Group for the cost sharing with North Augusta Riverfront Development
Company for our share of the design work for the Hammond's Ferry Town
Center road design with a provision that a Memorandum of Understanding is to
be entered into stating the work product to be delivered for the $109,408 cost of
the services.
Voting for the motion were Mayor Jones, and Councilmembers Adams, Baggott,
Carpenter, McDowell, and Whinghter. Voting against the motion was
Councilmember Shealy. The motion passed 6/1.
ITEM 6 JUSTICE AND LAW: Municipal Judge Appointment
Upon the recommendation of Mayor Jones and on motion by Councilmember
Carpenter, second by Councilmember Baggott, Council unanimously approved
the reappointment of Thomas P. Murphy as Municipal Judge for North Augusta
for a four-year term of office commencing February 1, 2012, and expiring
January 31, 2016. Thomas P. Murphy was first appointed on January 4, 1983.
ITEM 7 PERSONNEL: Employee of the Quarter, October, November, and
December, 2011 —Mike Chavous
The City of North Augusta Employee Recognition Committee recognized the
employee of the quarter for October, November, and December, 2011, Mike
Chavous, of the Department of Parks, Recreation, & Leisure Services.
Minutes of Regular Meeting of 2/06/12
Mike began his employment with the City of North Augusta on January 17, 2008.
Mike's family includes his wife Terri, son Craig and his wife Morgan, daughter
Jennifer, daughter Jordan, and grandson Bentley.
Mike Chavous is the definition of a dedicated employee; almost to a fault. Mike
has a large responsibility within the Parks, Recreation & Leisure Services
Department as his main duties include overseeing Riverview Park and the
everyday maintenance of the Greeneway. He works tirelessly, whether on the
clock or off, and is dedicated to providing the Citizens of North Augusta a clean,
manicured and safe environment to enjoy their leisure time.
Mike's everyday responsibilities seem endless and include a wide array of duties
that include:
• Ensuring that fields are manicured and playable for the youth and adult
athletic games that are offered which include painting, mowing and
edging.
• Ensuring that the Greeneway is blown off and limbed for safe everyday
use.
• Ensuring that the restrooms are cleaned every morning and prepared for
the next day's agenda.
• Maintains, repairs and purchases equipment that the Riverview Park
Maintenance crew needs for everyday operation.
The areas where Mike goes above and beyond are endless. He is the employee
that everyone leans on when a special event or project needs fulfilling. Mike has
stepped up and has made himself involved with:
• Coordinating a lot of the Peach Jam kitchen duties that include
purchasing, operations and food preparation for the players and NCAA
coaches.
• Assisting with the seasonal decorations around the City that include
Christmas and street banners.
• Cutting and removing trees from the Greeneway.
• Policing fields after hours.
The area where Mike has stood out over this quarter was his willingness to take
on additional duties that needed to be fulfilled when a fellow employee was out
for an extended medical leave. Mike volunteered to step up and assume these
additional duties without being asked as he made the best of a difficult situation
by adding additional projects to his plate and providing seamless service to the
public. This type of situation has been a normality in Mike's career with the City
of North Augusta; he is always willing to take on any situation whether the task
is in his job description or not. He does a great job of protecting the interests and
high standards of the City of North Augusta while being an excellent servant to
the citizens of the City of North Augusta at the same time.
Minutes of Regular Meeting of 2/06/12
The City of North Augusta is indeed fortunate to have such a high caliber,
dedicated employee like Mike Chavous.
Congratulations to Mike Chavous, our employee of the fourth quarter of 2011.
Mike received a plaque, a $25 gift certificate to SMS Sportsworld, and a $25
Wal-Mart gift card.
ITEM 8. UTILITIES: Confirming Under The Terms Of Section 5-31-920 Of The
Code of Laws of South Carolina, 1976, As Amended, The
Entry Into A Wastewater Capacity Transfer Agreement and
Wastewater Services Agreement Between the City of North
Augusta, South Carolina, The City of Aiken, South Carolina
And Aiken County, South Carolina d/b/a Aiken County Public
Service Authority, And Other Matters Relating Thereto —
Ordinance, First Reading
On motion by Councilmember Baggott, second by Councilmember Carpenter,
Council passed on first reading an ordinance confirming under the terms of
Section 5-31-920 of the Code of Laws of South Carolina, 1976, as amended, the
entry into a Wastewater Capacity Transfer Agreement and Wastewater Services
Agreement between the City of North Augusta, South Carolina, the City of
Aiken, South Carolina, and Aiken County, South Carolina, d/b/a Aiken County
Public Service Authority, and other matters relating thereto.
Voting for the motion were Mayor Jones, and Councilmembers Adams, Baggott,
Carpenter, McDowell, and Whinghter. Voting against the motion was
Councilmember Shealy. The motion passed 6/1.
The proposed ordinance text is as follows:
ORDINANCE NO. 2012-02
CONFIRMING UNDER THE TERMS OF SECTION 5-31-920 OF THE
CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, THE
ENTRY INTO A WASTEWATER CAPACITY TRANSFER
AGREEMENT AND WASTEWATER SERVICES AGREEMENT
BETWEEN THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA,
THE CITY OF AIKEN, SOUTH CAROLINA AND AIKEN COUNTY,
SOUTH CAROLINA d/b/a AIKEN COUNTY PUBLIC SERVICE
AUTHORITY; AND OTHER MATTERS RELATING THERETO.
WHEREAS, by Ordinance No. 2011-15, dated December 19, 2011 (the
"Approval Ordinance"), the City Council of the City of North Augusta (the "Council"), as the
governing body of the City of North Augusta, South Carolina (the "City"), approved the entry
by the City into a wastewater capacity transfer agreement (the "Wastewater Capacity Transfer
Agreement") with the City of Aiken, South Carolina ("Aiken") and Aiken County, South
Carolina(the "County");
Minutes of Regular Meeting of 2/06/12
WHEREAS, the purpose of the Wastewater Capacity Transfer Agreement is to:
(a) settle the disputed amounts billed by the County for sewer treatment services provided by the
County to the City; (b) provide for the transfer and sale of additional capacity in the County's
wastewater treatment facility (the "Facility") to the City and Aiken; and (c) memorialize the
overall capacity allocation rights in the Facility, both prior to and following such transfers and
sales; and
WHEREAS, the provisions of the Approval Ordinance also approved the entry
by the City into a new wastewater services agreement (the "New Wastewater Services
Agreement") with Aiken and the County, setting forth the terms governing the provision of
wastewater treatment services to the City and Aiken by the County; and
WHEREAS, for the benefit of future financial transactions involving its utility
system, and to establish more clearly the statutory basis on which the terms of these agreements
are enforceable, the City finds that it would be in the public interest to reaffirm the adoption of
the Wastewater Capacity Transfer Agreement and the New Wastewater Services Agreement
and to do so with specific reference to the terms of Section 5-31-920 of the Code of Laws of
South Carolina, 1976, as amended.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, IN MEETING DULY ASSEMBLED
AND BY THE AUTHORITY THEREOF THAT:
1. Recitals. Each finding or statement of fact set forth in the recitals hereto has
been examined and has been found to be in all respects true and correct.
2. Wastewater Capacity Transfer Agreement. The Council hereby confirms its
approval of the Wastewater Capacity Transfer Agreement and authorization of the execution
and delivery thereof by the Mayor of the City (the "Mayor") and affirms that it is hereby entered
into under the terms of Section 5-31-920 of the Code of Laws of South Carolina, 1976, as
amended.
3. New Wastewater Services Agreement. The Council hereby confirms its
approval of the New Wastewater Services Agreement and authorization of the execution and
delivery thereof by the Mayor and affirms that it is hereby entered into under the terms of
Section 5-31-920 of the Code of Laws of South Carolina, 1976, as amended.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF NORTH AUGUSTA, ON THIS DAY OF ,
2012.
ITEM 9. UTILITIES: Confirming Under The Terms Of Section 5-31-920 Of The
Code of Laws of South Carolina, 1976, As Amended, The
Entry Into A Wastewater Capacity Transfer Agreement and
Wastewater Services Agreement Between the City of North
Minutes of Regular Meeting of 2/06/12
Augusta, South Carolina, The City of Aiken, South Carolina
And Aiken County, South Carolina d/b/a Aiken County Public
Service Authority, And Other Matters Relating Thereto -
Ordinance, Second Reading
On motion by Mayor Jones, second by Councilmember Baggott, Council passed
on second reading an ordinance confirming under the terms of Section 5-31-920
of the Code of Laws of South Carolina, 1976, as amended, the entry into a
Wastewater Capacity Transfer Agreement and Wastewater Services Agreement
between the City of North Augusta, South Carolina, the City of Aiken, South
Carolina, and Aiken County, South Carolina, d/b/a Aiken County Public Service
Authority, and other matters relating thereto.
Voting for the motion were Mayor Jones, and Councilmembers Adams, Baggott,
Carpenter, McDowell, and Whinghter. Voting against the motion was
Councilmember Shealy. The motion passed 6/1.
Please see item No. 8 above for the proposed ordinance text.
There being no further business, Council adjourned.
APPROVED THIS -Zy DAY OF Respectfully submitted,
F4- e,&44,^ , 2012.
Donna B. Young
Mayor Lark W. Jo City Clerk
Scann d into AlchemY
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