Loading...
082117 Council Mtg Mins Adopted North ", u us cT , _ South Carolina's Riverfront MINUTES OF AUGUST 21, 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 August 21, 2017, having been duly publicized, was called to order by Mayor Pettit at 7:00 p.m. and adjourned at 7:45 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 Brooks, Carpenter, Dickert McDowell, and McGhee. Councilmember Adams was out of town. 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; Amanda J. Sievers, Senior Planner; John C. Thomas, Director of Public Safety; Thomas C. Zeaser, Director of Minutes of Regular Meeting of 08/21/17 Engineering and Public Works; James E. Sutton, 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 August 7, 2017 were approved by general consent. ITEM 1. EASEMENT: Granting Easements to South Carolina Electric and Gas Company for Placement of Facilities Related to the Construction of Riverside Village at Hammond's Ferry—Ordinance 2017-08, Third and Final Reading On motion by Councilmember Dickert, second by Councilmember Carpenter, Council unanimously adopted an ordinance on third and final reading granting easements to South Carolina Electric and Gas Company for placement of facilities related to the construction of Riverside Village at Hammond's Ferry. Please see the minutes of August 7, 2017 for the ordinance text. ITEM 2. BOARDS AND COMMISSIONS: Appointments — Recommendations by Mayor Upon the recommendation of Mayor Pettit, and motion of Councilmember Brooks, and second by Councilmember McDowell, Council unanimously approved the appointments for the following Boards and Commissions by acclamation. Name Term Expires New/Reappointment Municipal Election Commission Verlon McDowell 1/31/23 Reappointment Board of Zoning Appeals Kevin Skaggs 1/31/20 New Unexpired Term of Bob Pettit Jim Newman 1/31/21 Reappointment Kathie Stallworth 1/31/21 Reappointment Parks, Recreation, and Tourism Commission Joe Bickley 1/31/21 Reappointment ITEM 3. CITY CODE: Amending Section 16-76 of the Code of Laws for the City of North Augusta— Ordinance 2017-09, First Reading On motion by Councilmember Brooks, second by Councilmember Carpenter, Council unanimously passed an ordinance on first reading amending Section 16- 76 of the Code of Laws for the City of North Augusta. Minutes of Regular Meeting of 08/21/17 The ordinance text is as follows: ORDINANCE NO. 2017-09 AN ORDINANCE AMENDING SECTION 16-76 OF THE CODE OF LAWS FOR THE CITY OF NORTH AUGUSTA. WHEREAS, Section 16-76 of the Code of Laws for the City of North Augusta has as its title, "Molesting Adults and Children"; and, WHEREAS, such ordinance was adopted prior to the 1956 City Code; and, WHEREAS, such ordinance relates to disturbing and harassing of parties, but does not relate to any type of`sexual crime"; and, WHEREAS, although the title used refers to "molesting" and does not refer to any "sexual violation" in the present day, the title is misleading; and, WHEREAS, the prohibited acts as specifically described in the ordinance should continue to be prohibited; and, WHEREAS, Mayor and City Council have determined that it is appropriate that the title to said ordinance be amended to avoid any misunderstandings as to the violations prohibited by the act. 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. Section 16-76 entitled molesting adults and children is hereby amended by changing the title to now read "Disturbing or Interfering with Adults or Children." 2. The body of said Ordinance consisting of subparagraphs (a), (b), (c), and (d) remain as currently appearing in the Code of Laws. 3. This Ordinance shall become effective immediately upon its adoption on third and final reading. 4. All Ordinances or parts of Ordinances in conflict herewith or to the extent of such conflict are hereby repealed. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA,ON THIS DAY OF SEPTEMBER,2017. ITEM 4. CITY CODE: Amending Section 16-76 of the Code of Laws for the City of North Augusta — Ordinance 2017-09, , Second Reading On motion by Councilmember Dickert, second by Councilmember McDowell, Council unanimously passed an ordinance on second reading amending Section 16-76 of the Code of Laws for the City of North Augusta. Please see Item number 3 above for the ordinance text. Minutes of Regular Meeting of 08/21/17 ITEM 5. FREEDOM OF INFORMATION ACT REQUESTS: Establishing a Fee Schedule for Services Required to Fulfill Freedom of Information Act Requests —Resolution 2017-34 On motion by Councilmember Carpenter, second by Councilmember McDowell, Council unanimously passed a resolution establishing a fee schedule for services required to fulfill freedom of information act requests. The resolution text is as follows: RESOLUTION NO. 2017-34 A RESOLUTION TO ESTABLISH A FEE SCHEDULE FOR SERVICES REQUIRED TO FULFILL FREEDOM OF INFORMATION ACT REQUESTS WHEREAS, the South Carolina Code of Laws Title 30, Chapter 15, referred to as the Freedom of Information Act(FOIA), provides access to records of public bodies; and, WHEREAS, the act has recently been amended and includes a requirement that public bodies develop a schedule of fees for the fulfilling of FOIA requests, including the fees for searching, retrieving, redacting and copying records; and, WHEREAS, the revision further provides that the copy rate is not to exceed the prevailing commercial rate for producing copies and further specifies that the rates charged for searching, retrieving, and redacting records shall not exceed the hourly wage of the lowest paid employee on the public body staff who has the skill and training to fulfill the request; and, WHEREAS, the City, in compliance with such requirement to develop a rate schedule, has determined that the attachment hereto, identified as "Freedom of Information Request for Public Records Fee Schedule", is appropriate and complies with the requirements of the changes to the law. 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, adopts the attached Exhibit A, entitled "Freedom of Information Request for Public Records Fee Schedule" and deems the same to be the schedule to be utilized by the City for fulfilling FOIA requests. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA,ON THIS THE 21ST DAY OF AUGUST, 2017. Minutes of Regular Meeting of 08/21/17 o rt °1 �0 rii All 1ic :� ,(,x ill 1 ( rrrtolir)t1.- Hit FREEDOM OF INFORMATION REQUEST FOR PUBLIC RECORDS FEE SCHEDULE FOIA ACTIVITY ASSOCIATED CHARGES Search/Retrieval Time • First 15 minutes No Charge • Every additional 30 minutes $8.00 per every 30 minutes Search Requiring Other Than Normal Clerical Retrieval The cost for such search/retrieval will be based upon the hourly wage of the employee who has the skill and training required to fulfill the request. Black& White Copies Size 8 '/z" x 11" and/or legal 150 per page Size 11" x 17" 150 per page Color Copies 200 per page Digital Copy on CD $5.00 each Digital Video Copy of DVD $10.00 each Standard Maps/Plots • Up to 11" x 17" size 500 per copy • Anything over 11" x 17" $10.00 per copy Microfiche/Microfilm Copies 10¢ each CD/DVD $1.00 each Flash Drive/Thumb Drive $12.00 each Other documents provided that are not identified above, shall be provided as follows: minimum of 500 per copy or billed at the actual cost to the City Minutes of Regular Meeting of 08/21/17 ITEM 6. PLANNING: Establishing the Department of Planning and Development— Ordinance 2017-10, First Reading On motion by Councilmember Dickert, second by Councilmember Brooks, Council unanimously passed an ordinance on first reading establishing the Department of Planning and Development. The ordinance text is as follows: ORDINANCE NO. 2017-10 AN ORDINANCE ESTABLISHING THE DEPARTMENT OF PLANNING AND DEVELOPMENT WHEREAS, although the City has, consistent with the general laws of this State, conducted planning responsibilities within the City and has City Employees devoted specifically to planning; and, WHEREAS, the City has not previously formally established the Department of Planning by ordinance; and, WHEREAS, Mayor and City Council desire to formally and officially establish the Department of Planning and Development and have said Department be included under Chapter 2 of the City Code. 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 Municipal Code for the City of North Augusta is hereby amended by including the following as a portion of said Code: ARTICLE "XII". Department of Planning and Development; Director of Department of Planning and Development; duties of department and director. Sec. 2-270. Establishment of Department of Planning and Development; Purpose. There shall be a department of planning and development. The department shall provide advice and technical expertise to citizens, elected officials, appointed boards and commissions, and city departments assisting in understanding and addressing key community issues and priorities. The department shall encourage sound and ethical planning principles that promote rational, economical and environmentally efficient use of land allowing North Augusta to grow in a manner consistent with the goals of the community. Sec. 2-271. Establishment of office and appointment of Director. There shall be an officer of the city known as the Director of Planning and Development who shall be appointed by the mayor, upon recommendation of the City Administrator. Minutes of Regular Meeting of 08/21/17 Sec. 2-271. Control and management of department. The director shall be responsible for the administration and management of the department and shall report directly to the city administrator in connection with such administrative duties. Sec. 2-272. Duties of department of planning and development and director generally. The department under the direction of the director shall: (1) Develop, maintain and implement the North Augusta Comprehensive Plan. (2) Manage all applications for land subdivision and development within the City limits, Develop, maintain and implement the North Augusta Development Code. (3) Maintain the Official Zoning Map, respond to day to day community zoning inquiries and manage the Map amendment process. (4) Compile and analyze population, housing, employment and other data from the U.S. Census and state and local resources. (5) Solicit, analyze and publish information related to urban planning and land use topics. Sec. 2-273. Staffing; Planning Commission and Board of Zoning Appeals. The department provides staff support to the Planning Commission and the Board of Zoning Appeals. Sec. 2-274. Approval Authority During Times of Absence of Planning Director. (1) The Planning Director is specifically authorized to designate a person to exercise the authority of the Planning Director at times when the Planning Director is unavailable as a result of physical absence from the office. In order for such designation of authority to be effective, the Planning Director would need to provide written authorization, setting forth the specific dates that the designee would have such authority. (2) In the event of the vacancy in the position of Planning Director, the City Administrator is authorized to designate a person to exercise the authority of the Planning Director. In order for such designation of authority to be effective, the City Administrator would need to provide written authorization, setting forth the specific dates that the designee would have such authority. Minutes of Regular Meeting of 08/21/17 This Ordinance shall become effective immediately upon its adoption on third and final reading. All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, are hereby repealed. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA,ON THIS DAY OF SEPTEMBER,2017. ITEM 7. PLANNING: Establishing the Department of Planning and Development—Ordinance 2017-10, Second Reading On motion by Councilmember McDowell, second by Councilmember McGhee, Council unanimously passed an ordinance on second reading establishing the Department of Planning and Development. Please see Item number 6 above for the ordinance text. ITEM 8. PUBLIC SERVICES: Authorizing a Water Tank Lease Agreement Between the City of North Augusta and Edgefield County Water and Sewer Authority for the Five Notch Water Tank—Resolution 2017-35 On motion by Councilmember Carpenter, second by Councilmember Dickert, Council unanimously passed a resolution authorizing a Water Tank Lease Agreement between the City of North Augusta and Edgefield County Water and Sewer Authority for the Five Notch Water Tank. The resolution text is as follows: RESOLUTION NO. 2017- 35 AUTHORIZING A WATER TANK LEASE AGREEMENT BETWEEN THE CITY OF NORTH AUGUSTA AND EDGEFIELD COUNTY WATER AND SEWER AUTHORITY, FOR THE FIVE NOTCH ROAD WATER TANK WHEREAS, Edgefield County Water and Sewer Authority desires to lease from the City certain space on the City's Five Notch Road water tank to attach solar powered equipment to be exclusively to transmit meter data. WHEREAS, the City of North Augusta desires to lease to Edgefield County Water & Sewer Authority, certain space upon the City's Five Notch Road water tank upon which Edgefield County Water and Sewer Authority intends to attach solar powered equipment to be used exclusively to WIRELESSLY transmit water meter data; and, NOW THEREFORE BE IT RESOLVED that the Mayor and City Council for the City of North Augusta in meeting duly assembled and by the authority thereof, hereby authorize the attached Water Tank Attachment Lease Agreement between the City and Edgefield County Water and Sewer Authority, for the Five Notch Road water tank. Minutes of Regular Meeting of 08/21/17 BE IT FURTHER RESOLVED, that the City Administrator is authorized to sign the agreement on behalf of the City and to sign all other documents relating thereto. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS 21ST DAY OF AUGUST, 2017. ITEM 9. UTILITIES/AGREEMENT: Authorizing the City to enter into an Agreement with South Carolina Electric and Gas and Aiken Electric Cooperative, Inc. related to Electric Service Rights of the Two Providers within the City—Resolution 2017-35 On motion by Councilmember Brooks, second by Councilmember Carpenter, Council unanimously passed a resolution authorizing the City to enter into an agreement with South Carolina Electric and Gas and Aiken Electric Cooperative, Inc. related to electric service rights of the two providers within the City. The resolution text is as follows: RESOLUTION NO. 2017-36 A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH SOUTH CAROLINA ELECTRIC AND GAS AND AIKEN ELECTRIC COOPERATIVE INC. RELATED TO ELECTRIC SERVICE RIGHTS OF THE TWO PROVIDERS WITHIN THE CITY. WHEREAS, the City has been presented a proposed agreement concerning electric service rights between South Carolina Electric and Gas Company and Aiken Electric Cooperative, Inc. within the City limits; and, WHEREAS, the Mayor and City Council have determined that it is in the best interest of the City that such agreement be approved; and, WHEREAS, the agreement has been executed by both South Carolina Electric and Gas Company and Aiken Electric Cooperative, Inc. 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 agreement is approved as follows: 1. The City Administrator is authorized to execute the agreement that is attached hereto and marked"Exhibit A" on behalf of the City. 2. The approval by the City is to specifically provide that this resolution does not authorize the granting of the franchises as referred to in such agreement and specifically requires that such franchise agreements be presented to the Mayor and City Council for formal review and approval, if appropriate, by ordinance at a later date. Minutes of Regular Meeting of 08/21/17 DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS THE DAY OF AUGUST,2017. ITEM 10. MAYOR PETTIT CITY COUNCIL MEETING POLICY Mayor Pettit read the following statement regarding his City Council Meeting Policy. I've been advised there is some consternation about my policy decision not to verbally answer questions from attendees at Council meetings. This policy is based on my personal observations made at Council meetings over a more than five year period. It is also based on my strongly held belief that each reply addressing a concern of a citizen should be as accurate and complete as possible. I cannot be assured that would happen if I attempted to reply to questions during the meeting. The published agenda for each meeting states that citizen comments will be requested prior to City Council discussing an agenda item. This provides an opportunity for citizens to provide information for each Council member to consider when voting on an issue. Citizen comments are accepted prior to City Council discussing the matter under consideration. The last item of each Regular City Council meeting agenda provides an opportunity for citizens to speak to Council members and me on any issue not on the agenda. Comments, concerns and questions are accepted at this time. Except for comments or questions requiring only a simple answer, I will research the concern and provide a written response to the person making the comment. I will summarize the information provided in my written response at the next regularly scheduled City Council meeting at the place on the agenda reserved for Council Comments. In addition, the minutes of the meeting will reflect that the response was provided. I believe this policy is the best method of responding completely and accurately to the citizen. It also provides the information to the entire citizenry and includes it as part of the City official record. Minutes of Regular Meeting of 08/21/17 ITEM 11. MAYOR PETTIT TOWN HALL MEETING AUGUST 31, 2017—6 PM Mayor Pettit reminded everyone that he will be having a Town Hall Meeting on Thursday, August 31, 2017, at 6:00 p.m. at the Community Center to hear from citizens about their concerns/suggestions/etc. for the City of North Augusta. There being no further business, Council adjourned at 7:45 p.m. APP' SIVE" T /257 DAY OF Respectfully submitted, , 2017. Lic>0--A—seS/ / A os Donna B. Young Robert A. Pettit, Mayor