110716 Council Mtg Mins Adopted North
Augusta
South Carolina's Riverfront
MINUTES OF NOVEMBER 7, 2016
Lark W. Jones, Mayor
James M Adams, Jr., Councilmember
Robert Brooks, Councilmember
Pat C. Carpenter, Councilmember
Fletcher L. Dickert, Councilmember
Kenneth J. McDowell, Councilmember
David W. McGhee, Councilmember
ORDER OF BUSINESS
REGULAR MEETING
The regular meeting of November 7, 2016, having been duly publicized, was called to order by
Mayor Jones at 7:00 p.m. and adjourned at 7:35 p.m. Per Section 30-4-80(e) notice of the
meeting by email was sent out to the current maintained "Agenda Mailout" list consisting of
news media outlets and individuals or companies requesting notification. Notice of the meeting
was also posted on the outside doors of the Municipal Center, the main bulletin board of the
Municipal Center located on the first floor, and the City of North Augusta website.
Mayor Jones rendered the invocation and led in the Pledge of Allegiance.
Members present were Mayor Jones and Councilmembers Adams, Brooks, Carpenter, Dickert,
McDowell, and McGhee.
Also in attendance were B. Todd Glover, City Administrator; Kelly F. Zier, City Attorney;
Cammie T. Hayes, Director of Finance; Richard L. Meyer, Director of Parks, Recreation, &
Tourism; Scott L. Sterling, Director of Planning and Development; John C. Thomas, Director of
Public Safety; Thomas C. Zeaser, Director of Engineering and Public Works; James E. Sutton,
Minutes of Regular Meeting of 1 1/07/16
Director of Public Services; Diana H. Miller, Manager of Human Resources; and Donna B.
Young, City Clerk.
The minutes of the regular and study session meetings of October 17, 2016, and special called
public hearing meeting minutes of November 1, 2016, and study session meeting minutes of
November 1, 2016, were approved by general consent.
ITEM 1. FINANCE: Proposed Annual Consolidated Budget for Fiscal Year 2017 —
Ordinance, Second Reading
On motion by Councilmember Carpenter, second by Councilmember Brooks,
Council unanimously passed an ordinance on second reading to adopt the
proposed Fiscal Year 2017 Consolidated Budget.
Please see the minutes of October 17, 2016, for the proposed ordinance text.
ITEM 2. FINANCE: Taxes, Fiscal Year 2017—Ordinance, Second Reading
On motion by Mayor Jones, second by Councilmember McDowell, Council
unanimously passed on second reading an ordinance establishing the tax rate on
all taxable property within the City of North Augusta for the Fiscal Year 2017.
The period for which the tax levy is due on all taxable property, except for
motorized vehicles, shall be from January 1, 2016, to December 31, 2016. The
period for which the tax levy is due for all motorized vehicles which are required
to be licensed by Section 53-3-110, Codes of Laws of South Carolina, shall be
from January 1, 2017, to December 31, 2017.
The tax levy imposed upon all taxable property shall be 70.50 mills.
Please see the minutes of October 17, 2016, for the proposed ordinance text.
ITEM 3. SANITATION: Amendment of Article IV, Section 14-123 Titled
"Sanitation Services Fees" of the City Code of the City of
North Augusta, South Carolina — Ordinance, Second
Reading
On motion by Councilmember Carpenter, second by Councilmember McGhee,
Council unanimously passed an ordinance on second reading amending Article
IV, Section 14-123 titled "Sanitation Services Fees" of the City Code of the City
of North Augusta, South Carolina.
Please see the minutes of October 17, 2016, for the proposed ordinance text.
Minutes of Regular Meeting of 11/07/16
ITEM 4. UTILITIES: Establishing Wastewater Service Charges by Revising Section
14-68, Titled "Schedule of Monthly Wastewater Service
Charge." of the City Code of the City of North Augusta, South
Carolina—Ordinance, Second Reading
On motion by Mayor Jones, second by Councilmember Brooks, Council
unanimously passed an ordinance on second reading establishing wastewater
service charges by revising section 14-68, titled "Schedule of Monthly
Wastewater Service Charge," of the City Code of the City of North Augusta,
South Carolina.
Please see the minutes of October 17, 2016, for the proposed ordinance text.
ITEM 5. ANNEXATION: Property located on Austin Graybill Road, Tax Parcel
Number 011-05-06-001, 6.89 ± Acres — Petitions
Resolution to Accept
On motion by Councilmember Dickert, second by Councilmember McDowell,
Mayor and Council unanimously passed a resolution accepting an annexation
petition from Belva Thomas Lacey in which she request the annexation of 6.89 ±
acres of property located on Austin Graybill Road, Tax Parcel Number 011-05-
06-001.
The resolution text is as follows:
RESOLUTION NO. 2016-31
TO ACCEPT A PETITION FOR ANNEXATION
OF±6.89 ACRES OF PROPERTY LOCATED
ON AUSTIN GRAYBILL ROAD
AND OWNED BY BELVA THOMAS LACEY
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 October 6, 2016.
The property sought to be annexed is described as follows:
All that certain piece, parcel or tract of land containing 6.89 acres, located on Frontage
Road, County of Aiken, State of South Carolina and being bounded now or formerly as
follows: NORTHEAST by National Health Corporation, NORTHWEST by property of
Byrd, Metts, et. al., SOUTHWEST by property of Schustar, Flippo, et. al., and
Minutes of Regular Meeting of 11/07/16
SOUTHEAST by Frontage Road which separates the property herein conveyed from
Interstate-20.
Being the same property conveyed to Belva Thomas Lacey by Deed of Distribution
recorded in Book 1478, Pages 236-240, records of Aiken County, South Carolina.
Said property is identified by the following Tax Parcel Number:
011-05-06-001
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 October 6, 2016 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
, 2016.
ITEM 6. ANNEXATION: Property located on Austin Graybill Road, Tax Parcel
Number 011-05-06-001, 6.89 ± Acres — Ordinance, First
Reading
On motion by Councilmember Adams, second by Councilmember Carpenter,
Mayor and Council unanimously passed on first reading an ordinance to effect the
annexation of 6.89 ± acres of property located on "Austin Graybill Road, Tax Parcel
Number 011-05-06-001.
The zoning classification recommended for this property, R-7, Small Lot, Single
Family Residential, is consistent with the future land use classification of the
property, Low Density Residential, as specified in the Land Use Element of the
2005 Comprehensive Plan.
The ordinance text is as follows:
ORDINANCE NO. 2016-24
TO CHANGE THE CORPORATE LIMITS
OF THE CITY OF NORTH AUGUSTA
BY ANNEXING
±6.89 ACRES OF PROPERTY LOCATED
ON AUSTIN GRAYBILL ROAD
AND OWNED BY BELVA THOMAS LACEY
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
Minutes of Regular Meeting of 11/07/16
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. 2016-31 dated November 7, 2016, 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 property shall be annexed into the City of North
Augusta:
All that certain piece, parcel or tract of land containing 6.89 acres, located on
Frontage Road, County of Aiken, State of South Carolina and being bounded now
or formerly as follows: NORTHEAST by National Health Corporation,
NORTHWEST by property of Byrd, Metts, et. al., SOUTHWEST by property of
Schustar, Flippo, et. al., and SOUTHEAST by Frontage Road which separates the
property herein conveyed from Interstate-20.
Being the same property conveyed to Belva Thomas Lacey by Deed of
Distribution recorded in Book 1478, Pages 236-240, records of Aiken County,
South Carolina.
Said property is identified by the following Tax Parcel Number:
011-05-06-001
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 October 6, 2016 and prepared by the City of North Augusta.
II. 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-7, Small Lot, Single Family Residential, as shown on a map
identified as "Exhibit B" titled "ANX 16-001 Zoning of Property Sought to be
Annexed to the City of North Augusta" dated October 6, 2016 and prepared by
the City of North Augusta.
Minutes of Regular Meeting of 11/07/16
III. All ordinances or parts of Ordinances in conflict herewith are, to the extent of
such conflict, hereby repealed.
IV. 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
, 2016.
ITEM 7. ANNEXATION: Property located Austin Graybill Road, Tax Parcel
Number 011-05-06-001, 6.89 ± Acres — Ordinance, Second
Reading
On motion by Mayor Jones, second by Councilmember Adams, Mayor and
Council unanimously passed on second reading an ordinance to effect the
annexation of 6.89 ± acres of property located on "Austin Graybill Road, Tax Parcel
Number 011-05-06-001.
The zoning classification recommended for this property, R-7, Small Lot, Single
Family Residential, is consistent with the future land use classification of the
property, Low Density Residential, as specified in the Land Use Element of the
2005 Comprehensive Plan.
Please see Item No. 6 above for the ordinance text.
ITEM 8. LEGAL: Authorization of Settlement by the City with Carolina Pines I,
LLC in Cause of Action No. 3:16-1124-TLW in the United States
District Court, District of South Carolina, Columbia Division -
Resolution
On motion by Mayor Jones, second by Councilmember McDowell, Mayor and
Council unanimously passed a resolution authorizing the settlement by the City
with Carolina Pines I, LLC in Cause of Action No. 3:16-1124-TLW in the United
States District Court, District of South Carolina, Columbia Division.
The resolution text is as follows:
RESOLUTION NO. 2016-32
A RESOLUTION AUTHORIZING THE SETTLEMENT BY THE CITY WITH CAROLINA PINES I,
LLC IN CAUSE OF ACTION NO. 3:16-1124-TLW
IN THE UNITED STATES DISTRICT COURT, DISTRICT OF SOUTH CAROLINA, COLUMBIA
DIVISION
WHEREAS, the City is a named Defendant in the action originally filed in the Court of
Common Pleas for Richland County, South Carolina as Civil Action 2016-CP-400-0842; and,
Minutes of Regular Meeting of 11/07/16
WHEREAS, such action was filed by Carolina Pines I, LLC, an Ohio Limited Liability
Company against the City of Abbeville Public Works, Abbeville County Public Works, Aiken County
Solid Waste, Beaufort County Solid Waste, Charleston County Solid Waste, Horry County Solid Waste,
Lauren's County Public Works; Lexington County Solid Waste, Orangeburg County Department of
Public Works, Sumter County Public Works, and the City of North Augusta Public Works; and,
WHEREAS, the case, although originally filed in State Circuit Court was removed to the
United States District Court, District of South Carolina, Columbia Division; and,
WHEREAS, such litigation is related to electronics recycling; and,
WHEREAS, the City has been defending said action and recently took part in mediation
related to such litigation; and,
WHEREAS, following the mediation, with all Defendants, such mediation was
unsuccessful and the litigation remains pending; and,
WHEREAS, it appears that this matter will not be settled without extensive litigation;
and,
WHEREAS, the City has negotiated a settlement with Carolina Pines I, LLC that will
result in the City receiving a full release at this time; and,
WHEREAS, the City has determined that the cost of settlement, at this time, would
appear to be substantially less than the cost of full litigation of this matter, even if the ultimate
determination by Court was in favor of the City.
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:
1. The City Attorney is authorized to complete settlement in the above-referred-to
litigation by payment of the sum of$17,000.00.
2. That the City Attorney is authorized to execute such documents as appropriate to
complete this settlement.
3. That the funds for settlement shall be paid out of the Sanitation Services Fund.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
NORTH AUGUSTA, SOUTH CAROLINA,ON THIS THE 7TH DAY OF NOVEMBER,2016.
There being no further business, Council adjourned at 7:35 p.m.
APPROVED THIS 21 51—DAY OF Respectfully submitted,
?�10 , 2016.
4"'"
Donna B. Young
Lark W. Jones, Mayor