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051517 Council Mtg Mins Adopted A t u us a South Carolina's Riverfront MINUTES OF MAY 15, 2017 Robert A. Pettit, Mayor James M. Adams, Jr., Councilmember J. 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 May 15, 2017, having been duly publicized, was called to order by Mayor Pettit at 7:00 p.m. and adjourned at 8:00 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 Pettit rendered the invocation and led in the Pledge of Allegiance. Members present were Mayor Pettit 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; Charles B. Martin, Interim Director of Planning and Development; Thomas C. Zeaser, Minutes of Regular Meeting of 05/15/17 Director of Engineering and Public Works; James E. Sutton, Director of Public Services; and Donna B. Young, City Clerk. The minutes of the regular and study session meetings of May 1, 2017, were approved by general consent. ITEM 1. CITY PROPERTY: Authorization to Approve the Exchange and Acquisition of Real Estate as Contemplated and Agreed Pursuant to the Master Development Agreement among the City of North Augusta, Greenjackets Baseball, LLC, Ackerman Greenstone North Augusta, LLC and Greenstone Hammonds Ferry, LLC as Recorded in the Office of the RMC for Aiken County on March 28, 2017 in Book 4654, Pages 723-821 — Ordinance, Third and Final Reading On motion by Councilmember Dickert, second by Councilmember Carpenter, Council unanimously adopted an ordinance on third and final reading authorizing the approval of the exchange and acquisition of real estate as contemplated and agreed pursuant to the Master Development Agreement among the City of North Augusta, Greenjackets Baseball, LLC, Ackerman Greenstone North Augusta, LLC and Greenstone Hammonds Ferry, LLC as recorded in the Office of the RMC for Aiken County on March 28, 2017 in Book 4654, Pages 723-821. Please see the minutes of May 1, 2017 for the ordinance text. ITEM 2. COMMUNTIY PRMOTION: Request for Permit by the Anglican Church of the Holy Trinity On motion by Councilmember Dickert, second by Councilmember Carpenter, Council unanimously approved a permit for the Anglican Church of the Holy Trinity to hold a prayer and praise rally from 10 a.m. to 11 a.m. on June 24 at the Wade Hampton Memorial. ITEM 3. ECONOMIC DEVELOPMENT: Resolution Regarding the Assessment Roll Approved by Ordinance No. 2016- 23 On motion by Councilmember Brooks, second by Councilmember McGhee, Council unanimously passed a resolution regarding the Assessment Roll approved by Ordinance No. 2016-23. Minutes of Regular Meeting of 05/15/17 The resolution text is as follows: RESOLUTION NO. 2017-18 A RESOLUTION REGARDING THE ASSESSMENT ROLL APPROVED BY ORDINANCE NO. 2016-23 WHEREAS, the City enacted Ordinance No. 2016-23 on February 6, 2017, creating the Ballpark Village Municipal Improvement District in connection with the larger Project Jackson undertaking; and WHEREAS, the City provided for the publication of said ordinance on February 10, 2017, in the Aiken Standard in accordance with Section 5-37-100 of the Code of Laws of South Carolina 1976, as amended, and such ordinance became effective February 17, 2017 in accordance with said ordinance and section; and WHEREAS, the City provided for the publication of the notice of completion of the assessment roll on March 21, 2017, in the Aiken Standard in accordance with Section 5-37- 110 of the Code of Laws of South Carolina 1976, as amended, and provided an opportunity for interested parties to file objections to the assessment roll from March 31, 2017 to May 1, 2017; and WHEREAS, the City has received no objections to the assessment roll and has received the written consent of the sole private landowner in the Ballpark Village Municipal Improvement District; such consent dated February 6, 2017. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of North Augusta, in meeting duly assembled as follows: Section 1. The assessment roll as set forth in Ordinance No. 2016-23 is hereby ratified and confirmed and any actions taken in connection with such assessment roll since the expiration of the period to hear objections, particularly any filings of the assessment roll, are hereby ratified and approved, and effective as of the date of such filing, or if inapplicable, as of the date of this resolution or the filing of the same with the assessment roll with the Clerk of Court of Aiken County. The amount assessed pursuant to the assessment roll and the terms of Ordinance No. 2016-23 shall constitute a lien against the subject property superior to all other liens except property taxes from the time of the filing of the assessment roll with the Clerk of Court of Aiken County. Section 2. The City Administrator is directed to cause this resolution to be filed with the Clerk of Court of Aiken County, South Carolina, and to undertake all other action necessary or convenient in connection herewith. Minutes of Regular Meeting of 05/15/17 DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS THE 15TH DAY OF MAY,2017. ITEM 4. ECONOMIC DEVELOPMENT: Adopting the Overall Construction Budget for the Infrastructure within the Hammonds Ferry, Phase B and Award a Construction Contract to Barnett Southern for a Portion of said Infrastructure—Resolution On motion by Councilmember McDowell, second by Councilmember Carpenter, Council unanimously passed a resolution adopting the overall construction budget for the infrastructure within the Hammonds Ferry, Phase B and award a construction contract to Barnett-Southern for a portion of said The resolution text is as follows: RESOLUTION NO. 2017-19 TO ADOPT THE OVERALL CONSTRUCTION BUDGET FOR THE INFRASTRUCTURE WITHIN THE HAMMONDS FERRY, PHASE B AND AWARD A CONSTRUCTION CONTRACT TO BARNETT-SOUTHERN FOR A PORTION OF SAID INFRASTRUCTURE WHEREAS, the City has entered into a Master Development Agreement (the "Agreement") dated March 15, 2017, with GreenJackets Baseball, LLC, Ackerman Greenstone North Augusta, LLC, and Greenstone Hammonds Ferry, LLC that is related to the development of Hammonds Ferry, Phase B; and, WHEREAS, pursuant to the Agreement, the City is obligated to construct, or cause to be constructed the "City Horizontal Improvements", generally consisting of site preparation, earthwork, storm drainage, utilities, roadway construction, sidewalks, street lighting, and landscaping (infrastructure), as shown on the Major Subdivision Plans prepared by Kimley- Horn and Associates, Inc., dated March 24, 2017; and, WHEREAS, the City has performed, or caused to be performed potions of the infrastructure, including site clearing, sediment control measures, and relocation of a portion of the 30-inch sanitary sewer main within the project limits; and, WHEREAS, the City solicited bids from South Carolina licensed General Contractors to construct the majority of the remaining infrastructure; and, WHEREAS, two bids were received and publicly opened on April 28, 2017; and, WHEREAS, the low bid was submitted by Barnett Southern Corporation in the amount of$4,941,204.90; and, Minutes of Regular Meeting of 05/15/17 WHEREAS, following negotiations with Barnett Southern Corporation and modifications of the project scope, an amended bid amount of $4,368,438.00 has been agreed upon; and, WHEREAS, the amended scope includes various elements to be performed by City forces, the cost for which will be in addition to the contract with Barnett Southern Corporation. NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council in meeting duly assembled and by the authority thereof, that: 1. The total construction budget for all of the Hammonds Ferry, Phase B infrastructure, for which the City is responsible, including previous expenditures and existing encumbrances, shall not exceed $5,000,000.00. 2. Barnett Southern Corporation shall be awarded a contract in the amount of $4,368,438.00 for the construction of the Hammonds Ferry, Phase B Subdivision Infrastructure. 3. The City Administrator is hereby authorized on behalf of the City to enter into a contract with Barnett Southern Corporation for the construction of the Hammonds Ferry, Phase B Subdivision Infrastructure, to approve pay requests, change orders, and all other documents relating thereto. 4. The City shall construct or cause to be constructed various other infrastructure at an estimated cost of$208,400.00. 5. There shall be a contingency fund of$203,021.00 established for the total infrastructure construction project. 6. Funding for the Hammonds Ferry, Phase B Subdivision Infrastructure shall be as follows: a. Previous expenditures/encumbrances totaling approximately $220,141.00—Project Jackson Fund b. All additional expenses, not to exceed $4,779,859.00 - Installment Purchase Revenue Bonds Taxable Series 2017B DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF , 2017. Minutes of Regular Meeting of 05/15/17 ITEM 5. ECONOMIC DEVELOPMENT: Amending the Georgia Avenue Overlay District Facade Improvement Program Boundaries and to Rename the Program as the Downtown Facade Improvement Program—Resolution On motion by Councilmember McDowell, second by Councilmember McGhee, Council unanimously passed a resolution amending the Georgia Avenue Overlay District Facade Improvement Program boundaries and to rename the program as the Downtown Facade Improvement Program. The resolution text is as follows: RESOLUTION NO. 2017-20 A RESOLUTION TO AMEND THE GEORGIA AVENUE OVERLAY DISTRICT FACADE IMPROVEMENT PROGRAM BOUNDARIES AND TO RENAME THE PROGRAM AS THE DOWNTOWN FACADE IMPROVEMENT PROGRAM WHEREAS, the Mayor and City Council have discussed over a period of time the advisability of establishing a facade improvement program to encourage revitalization in the Georgia Avenue Overlay District; and WHEREAS, the Mayor and City Council, as part of the 2017 budget process, funded the program for the 2017 budget year, not to exceed $40,000 from the Capital Projects Fund; and WHEREAS, the Mayor and City Council affirmatively voted to establish this grant program, and WHEREAS, specifics of the program have been established and a specific facade grant application prepared; and WHEREAS, a grant agreement has also been prepared for utilization with this program; and WHEREAS, it is the desire of staff to extend the reach of the program beyond Georgia Avenue to include West Avenue and other portions of downtown which may not lay within the definition of the Georgia Avenue Overlay District, and WHEREAS, the Mayor and City Council have determined that this program is in the best interest of the City and should be promulgated at this time. 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 Mayor and City Council do hereby amend the Georgia Avenue Overlay District Facade Improvement Program and rename it as the Downtown Facade Improvement Program. 2. The specifics of the program, to include the method of applying for such assistance and the proposed agreement to be entered into by the City with the landowner, is attached hereto, marked "Exhibit A" and incorporated by reference. 3. The City Administrator is hereby authorized to proceed with the implementation of this program and to execute facade grant agreements in accordance with the Minutes of Regular Meeting of 05/15/17 documents attached hereto, to include the execution of the facade grant agreement(s) when appropriate. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA,ON THIS THE 15TH DAY OF MAY,2017. ITEM 6. PARKS, RECREATION, & LEISURE SERVICES: Authorizing the City Administrator to Execute a Contract Change Order Number 1 to Contract of 1/31/17 with R.W. Allen, LLC for Construction of the Riverview Park Gym Additions —Resolution On motion by Councilmember Brooks, second by Councilmember McGhee, Council unanimously passed a resolution authorizing the City Administrator to execute a Contract Change Order Number 1 to Contract of 01/31/17 with R.W. Allen, LLC for the construction of the Riverview Park Gym Additions. The resolution text is as follows: RESOLUTION NO. 2017-21 A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A CONTRACT CHANGE ORDER NUMBER 1 TO CONTRACT OF 1/31/17 WITH R.W. ALLEN, LLC FOR CONSTRUCTION OF THE RIVERVIEW PARK GYM ADDITIONS WHEREAS, by Resolution No. 2016-10, the Mayor and City Council authorized the City Administrator to negotiate a contract with the firm of R.W. Allen and Studio 3 Design for design build services for the Riverview Park Gym Additions for the Department of Parks, Recreation, & Tourism. WHEREAS, the Mayor and City Council reprioritized funding in Sales Tax 3 and allocated funds from the Capital Projects Fund to cover the cost of the new gym additions at Riverview Park for $5 million. 1. Sales Tax 3 funding for Gym Additions $2,500,000.00 2. Sales Tax 3 funding Allocate from Public Safety HQ $1,069,450.00 3. Sales Tax 3 funding Allocate from the Greeneway Expansion $ 750,000.00 4. Sales Tax 3 funding Allocate from Curbing and Sidewalk $ 200,000.00 5. Allocate from the Capital Projects Funding $ 480,550.00 TOTAL: $5,000,000.00 Minutes of Regular Meeting of 05/15/17 WHEREAS, the City Administrator on January 31, 2017 authorized a contract for $1,213,232 with R.W. Allen for the design development, general conditions, preconstruction, schematic design, construction documents, construction administration, performance and payment bond, and site work. WHEREAS, the Mayor and City Council have reviewed the proposed contract Change Order Number 1 to contract 1/31/17 with R.W. Allen, LLC for the remainder of the project for $3,786,768 and find that such contract is satisfactory and that it is appropriate and in the best interest of the City that the City move forward with the execution and entering into of said contract. 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 authorized to execute the contract with R.W. Allen. Such contract being attached hereto marked Exhibit A and incorporated by reference. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS 15TH DAY OF MAY, 2017. ITEM 7. PERSONNEL: Safety Policy for the City of North Augusta—Resolution On motion by Councilmember Carpenter, second by Councilmember Dickert, Council unanimously passed a resolution adopting a Safety Policy for the City of North Augusta. The resolution text is as follows: RESOLUTION NO. 2017-22 SAFETY POLICY FOR THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA WHEREAS, the Mayor and Council recognize that the prevention of accidental losses affecting employees, property, and the public will enhance the operating efficiency of City government; and WHEREAS, a pro-active loss control posture requires that sound loss prevention measures are of primary consideration and take precedence over expediency in all operations; and NOW THEREFORE, BE IT RESOLVED that the City of North Augusta will endeavor to provide a work environment free of recognized hazards through the establishment and implementation of loss control policies and procedures, and their subsequent amendments Minutes of Regular Meeting of 05/15/17 and additions, designed to provide protection to City employees, public and private property, and members of the public. BE IT FURTHER RESOLVED that the City of North Augusta will support compliance with all Federal and State safety regulations; provide and require the use of personal protective equipment by all employees; and insure that all employees are advised and understand their loss control responsibilities in the performance of their work. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF , 2017. ITEM 8. PUBLIC SAFETY: Selecting Johnson, Laschober & Associates, P.C. as the City's Architectural Firm for the Public Safety Fire Substation Project and Amending the Original Contract —Resolution On motion by Councilmember McDowell, second by Councilmember McGhee, Council unanimously passed a resolution selecting Johnson, Laschober & Associates, P.C. as the City's architectural firm for the Public Safety Fire Substation Project and amending the original contract. Prior to the vote, the following individuals commented: Richard Fletcher, 1 Shadowmoor Court,North Augusta, SC Darren Prickett, 1809 Magnolia Court,North Augusta, SC Trina Mackie, 1970 Bunting Drive, North Augusta, SC George Burgess, 322 East Avenue, North Augusta, SC The resolution text is as follows: RESOLUTION NO. 2017-23 SELECTING JOHNSON, LASCHOBER& ASSOCIATES, P.C. AS THE CITY'S ARCHITECTURAL FIRM FOR THE PUBLIC SAFETY FIRE SUBSTATION PROJECT AND AMENDING THE ORIGINAL CONTRACT WHEREAS, the City of North Augusta desires to retain the services of an architectural firm for the purpose of designing one Public Safety Fire Substation(s); and WHEREAS, 13 firms responded to a 2012 "Request for Qualifications" and were reviewed by a staff committee consisting of the Director of Public Safety, the Director of Engineering & Public Works, the Superintendent of Building Standards, and the Captain of Fire & Training, which selected 5 firms for interviews and oral presentations; and WHEREAS, from the 5 firms interviewed, 3 firms were invited to participate in a "pre- design" exercise and to make a final presentation to the committee; and Minutes of Regular Meeting of 05/15/17 WHEREAS, 2 of the 3 firms participated in the pre-design exercise and from those 2 the committee determined that the firm of Johnson, Laschober & Associates, P.C. is best qualified to provide the required services for this particular project: and WHEREAS, the Mayor and City Council selected Johnson, Laschober & Associates in resolution 2012-12 to build "one or two" Public Safety Fire Stations"; and WHEREAS, Johnson, Laschober & Associates has submitted fees to the City Administrator for consideration in planning and programming for the new station. 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 Johnson, Laschober & Associates, P.C. is hereby selected to serve as the City's architectural firm for the Fire Substation Project. BE IT FURTHER RESOLVED that the City Administrator is hereby authorized to execute the attached contract amendment with the firm of Johnson, Laschober & Associates, P.C. for services associated with the Fire Substation Project, to sign agreements for services; make payments, and to sign all other documents related thereto. BE IT FURTHER RESOLVED that funding for these design services shall be from the Sales Tax 2 and 3 Fund. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF 2017. ITEM 9. FINANCE: Mayor Lark W. Jones Reception —Approval of Expenditure Mayor Pettit announced that per the 2017 budget ordinance, the City Administrator authorized the expenditure of not to exceed $500.00 from the Council Contingencies account for the reception of Mayor Lark W. Jones. There being no further business, Council adjourned at 8:00 p.m. APPROOED THIS DAY OF Respectfully submitted, 4(r $,/ f // Donna B. Young Robe t A. Pettit, ayor