052112 Council Mtg Mins Adopted R
North
Augusta
South Carolina's Riuerfront
MINUTES OF MAY 21, 2012
Lark W. Jones, Mayor
James M. Adams, Jr., Councilmember
Carolyn C. Baggott, Councilmember
Pat C. Carpenter, Councilmember
Kenneth J. McDowell, Councilmember
Arthur K Shealy, Councilmember
Jason M. Whinghter, Councilmember
ORDER OF BUSINESS
REGULAR MEETING
The regular meeting of May 21, 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, Shealy, and Whinghter.
Also in attendance were B. Todd Glover, City Administrator; Kelly F. Zier, City Attorney;
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; and Diana H. Miller, Manager of Human Resources.
Minutes of Regular Meeting of 5/21/12
The minutes of the study session and regular meetings of May 7, 2012, and the minutes of North
Augusta Forward 2012 of May 11 and 14, 2012, were approved by general consent.
ITEM 1. CITY PROPERTY: Deed of a ±0.07 Acre Portion of Land to Beazley
Development Company, Inc. —Ordinance, Third and Final Reading
On motion by Councilmember Shealy, second by Councilmember Carpenter,
Council unanimously adopted an ordinance on third and final reading deeding a
±0.07 acre portion of land to Beazley Development, Inc.
Please see the minutes of May 7, 2012, for the proposed ordinance text.
ITEM 2. CITY PROPERTY: Designation by the City of One or More Parcels of
Property to be known as "Designated Commercial Acreage for Tax
Increment Financing District—Ordinance, Third and Final Reading
On motion by Mayor Jones, second by Councilmember Baggott, Council
unanimously adopted an ordinance on third and final reading designating by the
City of one or more parcels of property to be known as "Designated Commercial
Acreage for Tax Increment Financing District" in accordance with Consent Order
and Settlement of Dismissal in Case Number 1997-CP-02-14, Aiken County
Court of Common Pleas.
This implements a provision of the 2000 Consent Order and Settlement of the tax
increment financing suit brought by the Aiken County School District. This
settlement provided that up to five acres of commercial property could be
designated for inclusion in the district at the discretion of the City.
Please see the minutes of May 7, 2012, for the proposed ordinance text.
ITEM 3. ZONING: North Augusta Development Code, Proposed Text
Amendments (Application RZT 12-001)—Ordinance, Second Reading
On motion by Councilmember McDowell, second by Councilmember Adams,
Council considered an ordinance on second reading amending Article 9,
Floodplain Management, and portions of Article 3, Zoning Districts and
Appendix A, Definitions, related to Floodplain Management, of the North
Augusta Development Code, Chapter 18 of the City of North Augusta, South
Carolina Code of Ordinances.
On motion by Councilmember McDowell, second by Councilmember Baggott, a
motion to amend the ordinance by adding omitted text was unanimously passed.
The omitted text is as follows:
Please note a definition was omitted by error. It has been added to page 28 of the ordinance,
and is as follows:
Minutes of Regular Meeting of 5/21/12
I. C. Appendix A, Definitions is amended to modify the following existing
definitions:
Lowest Floor (Rev. 2-1-10;Ord. 2010-01)
For purposes of Article 9,the lowest floor of the lowest enclosed area(including basement). Any
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or
storage in an area other than a basement area is not considered a building's lowest floor,provided
that such an enclosure is not built so as to render the structure in violation of the applicable non-
elevation design requirements of this Chapter.
Following the amendment, the original motion to pass the ordinance on second
reading amending Article 9, Floodplain Management, and portions of Article 3,
Zoning Districts and Appendix A, Definitions, related to Floodplain
Management, of the North Augusta Development Code, Chapter 18 of the City of
North Augusta, South Carolina Code of Ordinances was unanimously passed.
Please see the minutes of May 7, 2012, for the proposed ordinance text. The only
change to the ordinance was the text noted above.
ITEM 4. ZONING: North Augusta Development Code, Proposed Text
Amendments (Application RZT 12-002) — Ordinance, Third and Final
Reading
On motion by Councilmember Whinghter, second by Mayor Jones, Council
adopted an ordinance on third and final reading amending specific sections of
Article 3, Zoning Districts, related to sign area dimensions and nonconforming
use abandonment, Article 5, Approval Procedures, related to performance
guarantee letters of credit, and Article 14, Street Lighting, related to street
lighting plan and pole requirements, of the North Augusta Development Code,
Chapter 18 of the City of North Augusta, South Carolina Code of Ordinances.
Voting for the ordinance were Mayor Jones, and Councilmembers Adams,
Baggott, McDowell, and Whinghter. Voting against the ordinance was
Councilmember Shealy. Councilmember Carpenter recused herself because she
has an interest in the use of land impacted by the ordinance. The ordinance
passed on second reading with a 511 vote.
Councilmember Shealy asked that the minutes reflect that City Attorney, Kelly
Zier, had advised him that his property ownership was not enough for a conflict
of interest.
Please see the minutes of May 7, 2012, for the ordinance text.
Minutes of Regular Meeting of 5/21/12
ITEM 5. CITY PROPERTY: Deed of Easement Across 1.09 +/- Acres of Property to
Aiken County—Ordinance, First Reading
On motion by Councilmember Carpenter, second by Councilmember Adams,
Council unanimously passed an ordinance on first reading to deed an easement
across 1.09 acres of property to Aiken County.
The ordinance text is as follows:
ORDINANCE NO. 2012-09
TO DEED AN EASEMENT ACROSS 1.09 ACRES
OF PROPERTY TO AIKEN COUNTY.
WHEREAS, Aiken County (hereinafter "the County") has requested that the City
of North Augusta (hereinafter "the City) provide an easement across property belonging to the
City for use by the County for a drainage project being constructed by the County; and,
WHEREAS, the City has determined that such request is a proper request by the
County and is intended to provide improvements in the operation and maintenance of a roadway
and storm drainage system to serve the general public.
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 City of North Augusta does hereby remise, convey and forever grant to
Aiken County, South Carolina an easement across property belonging to the City. Said property
is described as follows:
Said permanent drainage easement centerline shall commence
approximately one hundred forty (140) linear feet west of the Grantor's
northern-most property corner and shall run in a southeastern direction
at an angle of 65 degrees from the northwestern-most property line,
which is parallel to Audubon Circle (C-2047) for a distance of nine
hundred twenty-five (925) linear feet, more or less, with a width of fifty
(50) linear feet, as well as a portion twenty (20) linear feet wide parallel
to the northwestern-most property line, for a distance of sixty (60) linear
feet.
Said easement is across a portion of property conveyed to the City of North
Augusta by deed recorded in Deed Book 821 at Page 338. A plat of said property is recorded
Miscellaneous Book 145 at Page 62 in the Office of the RMC for Aiken County, South
Carolina.
Tax Map/Parcel Number: Portion of 012-14-06-1 It
Minutes of Regular Meeting of 5/21/12
All other ordinances or parts of other ordinances in conflict herewith are to the
extent of such conflict, hereby repealed.
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
JUNE, 2012.
ITEM 6 CITY PROPERTY: Deed of Easement Across 1.09 +/- Acres of Property to
Aiken County—Ordinance, Second Reading
On motion by Mayor Jones, second by Councilmember Shealy, Council
unanimously passed an ordinance on second reading to deed an easement across
1.09 acres of property to Aiken County.
Please see Item No. 5 above for the ordinance text.
Prior to third and final reading Mayor and Council has requested a copy of a map
of this property which will be included in their Council packet of June 4, 2012.
ITEM 7. PARKS, RECREATION, AND LEISURE SERVICES: Department of
Parks, Recreation & Leisure Services; Authorization of a Grant Application
to the State of South Carolina Parks, Recreation & Tourism Department for
Federal Funding Assistance to Support a Project Submitted under the Land
and Water Conservation Fund (LWCF) Program as Provided in the LWCF
Act of 1965, as amended —Resolution
On motion by Mayor Jones, second by Councilmember Carpenter, Council
unanimously passed a resolution relating to the Department of Parks, Recreation
& Leisure Services; authorizing a grant application to the State of South Carolina
Parks, Recreation & Tourism Department for federal funding assistance to
support a project submitted under the Land and Water Conservation Fund
(LWCF) program as provided in the LWCF Act of 1965, as amended.
The resolution text is as follows:
RESOLUTION NO. 2012-10
RELATING TO THE DEPARTMENT OF PARKS RECREATION & LEISURE SERVICES;
AUTHORIZING A GRANT APPLICATION TO THE STATE OF SOUTH CAROLINA
PARKS RECREATION & TOURISM DEPARTMENT FOR FEDERAL FUNDING
ASSISTANCE TO SUPPORT A PROJECT SUBMITTED UNDER THE LAND AND
WATER CONSERVATION FUND (LWCF) PROGRAM AS PROVIDED IN THE LWCF
ACT OF 1965, AS AMENDED.
Minutes of Regular Meeting of 5/21/12
WHEREAS, under the provisions of LWCF, federal funding assistance is
requested to aid in financing the cost of the Riverview Park Adaptive Playground Project; and
WHEREAS, Parks, Recreation & Leisure Services believes that this project
meets the stated criteria for grant funding under the terms established by the State of South
Carolina Parks, Recreation & Tourism Department (SCPRT), and any funding received from
SCPRT will be used for the implementation of the referenced project; and
WHEREAS, the City of North Augusta acknowledges that SCPRT grants, if
approved, will be paid on a reimbursement basis, meaning that the City may request payment
only after eligible and allowable costs have already been paid and remitted to vendors; and
WHEREAS, the City owns the site and intends to develop or improve them for
recreational purposes; and
WHEREAS, any funds received from the SCPRT will be used for the sole
purpose stated in the City's grant applications to SCPRT; and
WHEREAS, the City assures that any facility developed with financial aid from
the LWCF program must be placed in use for the funded purpose, and be retained in such use in
perpetuity unless otherwise provided and agreed to by the City, SCPRT, and the National Park
Service (NPS); and
WHEREAS, the City acknowledges that LWCF grants are federal funds and, as
such, the City must comply with all applicable federal laws; and
WHEREAS, this Resolution becomes a part of a formal application to SCPRT
and NPS.
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 Director of Parks, Recreation and Leisure Services or his designee, is hereby
authorized to submit applications for and on behalf of the City of North Augusta,
in such counterparts as are necessary, to the State of South Carolina Parks,
Recreation & Tourism Department, for financial assistance in the amount set
forth in the "Grant Request" column below:
Proposed Projects SCPRT Grant Match Total
Program Request
Category
Riverview Park LWCF $100,000 $140,675 $240,675
Adaptive
Playground
Minutes of Regular Meeting of 5/21/12
The $100,000 of SCPRT grants requires a dollar for dollar match.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
12012.
ITEM 8 STREETS AND DRAINS: Authorization of the City Administrator to
Execute the Participation Agreement with South
Carolina Department of Transportation for the
Construction of the Five Notch (5-45) / Pisgah
Road (5-901) Intersection Improvements —
Resolution
On motion by Mayor Jones, second by Councilmember Baggott, a resolution
authorizing the City Administrator to execute the Participation Agreement with
South Carolina Department of Transportation (SCDOT) for the construction of
the Five Notch (S-45) / Pisgah Road (5-901) intersection improvements was
unanimously approved. Resolution No. 2012-08 was previously adopted on
April 16, 2012. This new resolution reflects changes in the project cost and the
City's share of the cost as well as changes to the project as requested by Mayor
and Council.
The resolution text is as follows:
RESOLUTION NO. 2012-11
AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE THE PARTICIPATION
AGREEMENT WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION
FOR THE CONSTRUCTION OF THE
FIVE NOTCH ROAD (S-45) /PISGAH ROAD (S-901)
INTERSECTION IMPROVEMENTS
WHEREAS, the intersection of Five Notch Road (5-45) and Pisgah Road (5-901) in
the City of North Augusta has been identified by the South Carolina Department of
Transportation (SCDOT) to be eligible for improvements under the Federal Highway
Department's Intersection Safety Program; and
WHEREAS, the SCDOT is accomplishing these improvements through a design-build
contract; and
WHEREAS, the City had previously intended to construct improvements to this same
intersection and has programmed funding for such construction within the Aiken County Capital
Projects Sales Tax II; and
Minutes of Regular Meeting of 5/21/12
WHEREAS, the City has requested that additional improvements be incorporated into
the SCDOT's project and has agreed to pay the additional cost for design and construction of
those improvements; and
WHEREAS, the SCDOT has agreed to the City's request; and
WHEREAS, the final design has been completed and a cost estimate has been prepared
for the additional work requested by the City; and
WHEREAS, SCDOT estimates the total project cost to be $1,228,747.69; and
WHEREAS, the City's share of the cost is estimated to be $189,440.00; and
WHEREAS, SCDOT will manage the construction of the project in the same manner
and in accordance with the same procedures it follows with all federal aid highway construction
projects; and
WHEREAS, it is in the interest of both the City and SCDOT to enter into an agreement
to define the relationship between and specify the respective responsibilities of the City and
SCDOT related to the completion of the Five Notch Road (5-45) / Pisgah Road (5-901)
Intersection Improvements project; and
WHEREAS, SCDOT has prepared a Participation Agreement between the City and
SCDOT for the Five Notch Road (5-45) / Pisgah Road (5-901) Intersection Improvements
project; and
WHEREAS, City staff and the City Attorney have reviewed the Participation
Agreement and recommended minor modifications with which SCDOT has concurred.
NOW THEREFORE, BE IT RESOLVED 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 City Administrator is duly authorized to execute the Participation Agreement with SCDOT
for the Five Notch Road (5-45) /Pisgah Road (5-901) Intersection Improvements project.
BE IT FURTHER RESOLVED that any funding, in addition to that provided by
SCDOT, required for the Five Notch Road (5-45) / Pisgah Road (5-901) Intersection
Improvements project shall be taken from the Sales Tax 2 Fund.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
, 2012.
Minutes of Regular Meeting of 5/21/12
There being no further business, Council adjourned.
APPROVED THIS DAY OF Respectfully submitted,
.�-
32012.
*7��
Donna B. Young
Mayor Lark W. Jones City Clerk
North
-Augusta
..
South Carolina's Riuerfront
MINUTES OF MAY 21, 2012
Lark W. Jones, Mayor
James M. Adams, Jr., Councilmember
Carolyn C. Baggott, Councilmember
Pat C. Carpenter, Councilmember
Kenneth J. McDowell, Councilmember
Arthur K Shealy, Councilmember
Jason M. Whinghter, Councilmember
ORDER OF BUSINESS
The study session meeting of May 21, 2012, having been duly publicized, was called to order by
Mayor Jones at 6:15 p.m. in the Council Conference room on the third floor of the Municipal
Center.
Members present were Mayor Jones and Councilmembers Adams, Baggott, Carpenter,
McDowell, Shealy, and Whinghter.
Also in attendance were B. Todd Glover, City Administrator; Kelly F. Zier, City Attorney;
Richard L. Meyer, Interim Director of Parks, Recreation, and Leisure Services; Karl Waldhauer,
Superintendent of Facilities and Programs; Scott L. Sterling, Interim Director of Planning and
Economic Development; John C. Thomas, Director of Public Safety; James E. Sutton, Deputy
Director of Public Services; and Diana H. Miller, Manager of Human Resources.
ITEM 1. PARKS, RECREATION, AND LEISURE SERVICES:Grant Application to
the State of South Carolina Parks, Recreation, & Tourism Department —
Council Update
Karl Waldhauer, Superintendent of Facilities and Programs, updated Mayor and
Council in regard to a proposed resolution relating to the Department of Parks,
Recreation, & Leisure Services authorizing a grant application to the State of
South Carolina Parks, Recreation, & Tourism Department for federal funding
assistance to support a project submitted under the Land and Water Conservation
Fund (LWCF) program as provided in the LWCF Act of 1965, as amended.
Minutes of Study Session of 05/21/12
After review, it was the general consensus of Council that this item should be
presented for Council's consideration at the meeting scheduled at 7:00 p.m.
tonight.
There being no further business, Council adjourned.
J•.
APPROVED THIS DAY OF Respectfully submitted,
�.....-- , 2012.
Donna B. Young
Mayor Lark W. Jones City Clerk
RECUSAL STATEMENT
Member Name: /1� e- C /i4'e4
Meeting Date: 5-7-19, • 0I�t'I/ -.�-
Agenda Item: Section Number: `rarLC—0`201
Topic:
The Ethics Act, SC Code§8-13-700,provides that no public official may knowingly use his off ce
to obtain an economic interest for himself,a family member of his immediate family, an
individual with whom he is associated, or a business with which he is associated. No public
official may make,participate in making, or influence a governmental decision in which he or
any such person or business has an economic interest. Failure to recuse oneself from an issue in
which there is or may be conflict of interest is the sole responsibility of the council member
(1991 Op.Atty. Gen.No. 91-37.) A written statement describing the matter reguirinz action and
the nature of the potential conflict of interest is required.
Justification to Recuse:
Professionally employed by or under contract with principal
Owns or has vested interest in principal or property
Other:
Date:
Member
Approved by Parliamentarian:
53