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South Carolina's Riverfront
MINUTES OF OCTOBER 2, 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 October 2, 2017, having been duly publicized, was called to order by
Mayor Pettit 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 Pettit rendered the invocation and led in the Pledge of Allegiance.
Members present were Mayor Pettit and Councilmembers Adams, Carpenter, Dickert
McDowell, and McGhee. Councilmember Brooks was absent because he was on vacation.
Also in attendance were B. Todd Glover, City Administrator; Kelly F. Zier, City Attorney;
Richard L. Meyer, Director of Parks, Recreation, & Tourism; Amanda J. Sievers, Interim
Director of Planning and Development; John C. Thomas, Director of Public Safety; Thomas C.
Minutes of Regular Meeting of 10/02/17
Zeaser, Director of Engineering and Public Works; James E. Sutton, Director of Public Services;
and Diana H. Miller, Manager of Human Resources.
The minutes of the regular meeting of September 18, 2017 and study session meetings of
September 18 and 19, 2017 were approved by general consent.
ITEM 1. CITY CODE: Ordinance No. 2017-11 — An Ordinance Amending Section
4.1 Consumption in Public of the Code of Laws for the City
of North Augusta—Third and Final Reading
On motion by Councilmember Dickert, second by Councilmember McDowell,
Council unanimously adopted an ordinance on third and final reading amending
Section 4.1 Consumption in Public of the Code of Laws for the City of North
Augusta.
Please see the minutes of September 18, 2017 meeting for the ordinance text.
ITEM 2. STREETS AND DRAINS: Ordinance No. 2017-12 — Abandoning a Platted
but Unopened, Unimproved Right-of-Way
Located North of Five Notch Road and West of
Georgia Avenue in the City of North Augusta —
Third and Final Reading
On motion by Councilmember Carpenter, second by Councilmember McGhee,
Council unanimously adopted an ordinance on third and final reading to abandon
a platted, but unopened, unimproved right-of-way located North of Five Notch
Road and West of Georgia Avenue in the City of North Augusta.
Please see the minutes of September 18, 2017 meeting for the ordinance text.
ITEM 3. STREETS AND DRAINS: Ordinance No. 2017-13 — Abandoning a Platted,
but Unimproved Right-of-Way Shown on a Plat
of the Mealing Estate Dated December, 1941 in
the City of North Augusta —Third and Final
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On motion by Councilmember McGhee, second by Councilmember Dickert,
Council unanimously adopted an ordinance on third and final reading to abandon
a platted, but unimproved right-of-way shown on a plat of the Mealing Estate
dated December, 1941 in the City of North Augusta.
Please see the minutes of September 18, 2017 meeting for the ordinance text.
Minutes of Regular Meeting of 10/02/17
ITEM 4. FINANCE: Ordinance No. 2017-14 — An Ordinance Authorizing the
City of North Augusta to Grant a Nonexclusive Franchise
Agreement to Aiken Electric Cooperative, Inc., Its
Successors and Assigns, for the Provision of Electric
Services within the City—First Reading
On motion by Councilmember Carpenter, second by Councilmember McGhee,
Council unanimously passed an ordinance on first reading authorizing the City of
North Augusta to grant a nonexclusive franchise agreement to Aiken Electric
Cooperative, Inc., its successors and assigns, for the provision of electric services
within the City.
The ordinance text is as follows:
ORDINANCE NO. 2017-14
AN ORDINANCE AUTHORIZING THE CITY OF NORTH AUGUSTA TO GRANT A
NONEXCLUSIVE FRANCHISE AGREEMENT TO AIKEN ELECTRIC COOPERATIVE,
INC., ITS SUCCESSORS AND ASSIGNS, FOR THE PROVISION OF ELECTRIC
SERVICES WITHIN THE CITY
WHEREAS, Aiken Electric Cooperative, Inc. has requested that the City grant to
said company a new franchise agreement related to said company's use of the streets and public
places of the municipality to construct, install, maintain, and operate its facilities; and
WHEREAS, the existing franchise for electric services is scheduled to terminate
in 2020; and
WHEREAS, Aiken Electric Cooperative, Inc. and South Carolina Electric and
Gas Company have recently entered into an agreement related to service areas within the City
and have requested that the City grant new franchises to both companies at this time; and
WHEREAS, the Mayor and City Council have considered this request and
determined that such request is proper and in the interest of the citizens.
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:
1. The City grant to Aiken Electric Cooperative, Inc. a nonexclusive franchise as
specified in the Franchise Agreement attached hereto, marked as "Exhibit A",
and incorporated by reference.
2. All other ordinances or parts of ordinances in conflict herewith are, to the
extent of such conflict, hereby repealed.
3. This Ordinance shall become effective immediately upon its adoption on third
and final reading.
4. The City Administrator is authorized to execute any documents necessary to
complete the granting of this franchise agreement.
Minutes of Regular Meeting of 10/02/17
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH
AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF OCTOBER,2017.
ITEM 5. FINANCE: Ordinance No. 2017-14 — An Ordinance Authorizing the
City of North Augusta to Grant a Nonexclusive Franchise
Agreement to Aiken Electric Cooperative, Inc., Its
Successors and Assigns, for the Provision of Electric
Services within the City— Second Reading
On motion by Councilmember Dickert, second by Councilmember McDowell,
Council unanimously passed an ordinance on second reading authorizing the City
of North Augusta to grant a nonexclusive franchise agreement to Aiken Electric
Cooperative, Inc., its successors and assigns, for the provision of electric services
within the City.
Please see Item no. 4 above for the ordinance text.
ITEM 6. FINANCE: Ordinance No. 2017-15 — An Ordinance Authorizing the
City of North Augusta to Grant a Nonexclusive Franchise
Agreement to South Carolina Electric and Gas Company,
Its Successors and Assigns, for the Provision of Electric and
Gas Services within the City—First Reading
On motion by Councilmember Carpenter, second by Councilmember Adams,
Council unanimously passed an ordinance on first reading authorizing the City of
North Augusta to grant a nonexclusive franchise agreement to South Carolina
Electric and Gas Company, its successors and assigns, for the provision of electric
and gas services within the City.
The ordinance text is as follows:
ORDINANCE NO. 2017-15
AN ORDINANCE AUTHORIZING THE CITY OF NORTH AUGUSTA TO GRANT A
NONEXCLUSIVE FRANCHISE AGREEMENT TO SOUTH CAROLINA ELECTRIC AND
GAS COMPANY, ITS SUCCESSORS AND ASSIGNS, FOR THE PROVISION OF
ELECTRIC AND GAS SERVICES WITHIN THE CITY
WHEREAS, South Carolina Electric and Gas Company has requested that the
City grant to said company a new franchise agreement related to said company's use of the
streets and public places of the municipality to construct, install, maintain, and operate its
facilities; and
WHEREAS, the existing franchises for electric and gas are scheduled to terminate
in 2020; and
Minutes of Regular Meeting of 10/02/17
WHEREAS, South Carolina Electric and Gas Company and Aiken Electric
Cooperative, Inc. have recently entered into an agreement related to service areas within the City
and have requested that the City grant new franchises to both companies at this time; and
WHEREAS, the Mayor and City Council have considered this request and
determined that such request is proper and in the interest of the citizens.
NOW, THEREFORE, BE TT 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:
5. The City grant to South Carolina Electric and Gas Company a nonexclusive
franchise as specified in the Franchise Agreement attached hereto, marked as
"Exhibit A", and incorporated by reference.
6. All other ordinances or parts of ordinances in conflict herewith are, to the
extent of such conflict, hereby repealed.
7. This Ordinance shall become effective immediately upon its adoption on third
and final reading.
8. The City Administrator is authorized to execute any documents necessary to
complete the granting of this franchise agreement.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH
AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF OCTOBER,2017.
ITEM 7. FINANCE: Ordinance No. 2017-15 — An Ordinance Authorizing the
City of North Augusta to Grant a Nonexclusive Franchise
Agreement to South Carolina Electric and Gas Company,
Its Successors and Assigns, for the Provision of Electric and
Gas Services within the City— Second Reading
On motion by Councilmember McDowell, second by Councilmember Carpenter,
Council unanimously passed an ordinance on second reading authorizing the City
of North Augusta to grant a nonexclusive franchise agreement to South Carolina
Electric and Gas Company, its successors and assigns, for the provision of electric
and gas services within the City.
Please see Item no. 6 above for the ordinance text.
ITEM 8. PERMIT: Resolution No. 2017-40 — To Authorize the Issuing of a Parade
Permit to Ginny Woodhams to Conduct an A21 Walk for
Freedom Walk on Georgia Avenue on October 14, 2017
On motion by Councilmember Carpenter, second by Councilmember McGhee,
Council unanimously passed a resolution authorizing the issuing of a Parade
Permit to Ginny Woodhams to conduct an A21 Walk for Freedom Walk on
Georgia Avenue on October 14, 2017.
Minutes of Regular Meeting of 10/02/17
The resolution text is as follows:
RESOLUTION NO. 2017-40
TO AUTHORIZE THE ISSUING OF A PARADE PERMIT TO
GINNY WOODHAMS TO CONDUCT AN A21 WALK FOR FREEDOM WALK
ON GEORGIA AVENUE ON OCTOBER 14, 2017
WHEREAS, Ginny Woodhams has requested a permit to hold an A21 Freedom
Walk, to bring awareness to the community about human trafficking; and
WHEREAS, the request is to hold the walk on October 14, 2017 commencing on
the sidewalk in front of First Baptist Church and proceeding on the sidewalk down Georgia
Avenue across the 13th Street bridge and then turning around and coming back along the same
path across the bridge, remaining on the sidewalk and terminating at First Baptist Church; and
WHEREAS, the participants will walk in one single file line wearing an A21 t-
shirt, if they have one, and some may have black tape or a yellow handkerchief with a victim's
name on it worn over their mouths, to symbolize that these victims have no choice; and possibly
the group may carry a flag at the front and end of the line for the walk; and
WHEREAS, registration for the event will begin at 8:00 AM with the walk starting
at approximately 9:00 AM and anticipated to end by noon; and
WHEREAS, the Mayor and City Council has reviewed the request and finds that
the parade or demonstration applied for, at the time requested and upon the sidewalk as set forth
in the application is not detrimental to the health, safety, welfare or convenience of the residents
of the City or other parties making use of the sidewalks; and
WHEREAS, such request has been timely made and complies with the Code of
Ordinances for the City of North Augusta.
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 request for a permit is approved as follows:
1. Time: Approx. 8:00 am until 12:00 noon
2. Date: October 14, 2017
3. Location: Commencing at 600 Georgia Avenue and proceeding along the sidewalk
on Georgia Avenue across the 13th Street bridge and returning on the same path
terminating at 600 Georgia Avenue.
4. Special Conditions: The participants will walk in single file on the sidewalk and
not impede or prevent utilization of the sidewalk by other citizens.
Minutes of Regular Meeting of 10/02/17
5. Bond not required
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
DAY OF OCTOBER, 2017.
ITEM 9. STREETS AND DRAINS: Resolution No. 2017-41 — Accepting A Deed Of
Dedication for the Water Distribution System,
Fire Suppression, Sanitary Sewer, and
Associated Easements And Rights of Way,
Along With a Maintenance Guarantee and
Letter Of Credit for Infrastructure
Improvements, for Sweetwater Commons,
Phases 1 & 2
On motion by Councilmember Dickert, second by Councilmember McDowell,
Council unanimously passed a resolution accepting a Deed of Dedication for the
water distribution system, fire suppression, sanitary sewer, and associated
easements and rights of way, along with a Maintenance Guarantee and Letter Of
Credit for infrastructure improvements, for Sweetwater Commons, Phases 1 & 2.
The resolution text is as follows:
RESOLUTION NO. 2017-41
ACCEPTING A DEED OF DEDICATION FOR THE WATER DISTRIBUTION SYSTEM,
FIRE SUPPRESSION, SANITARY SEWER, AND ASSOCIATED EASEMENTS AND
RIGHTS OF WAY, ALONG WITH A MAINTENANCE GUARANTEE AND LETTER OF
CREDIT FOR INFRASTRUCTURE IMPROVEMENTS, FOR SWEETWATER COMMONS,
PHASES 1 & 2
WHEREAS, Next Chapter Holdings, LLC. developed Sweetwater Commons
Phases 1 & 2, according to the requirements of the North Augusta Planning Commission and the
City, and owns the streets, utilities and easements; and
WHEREAS, pursuant to §5.8.4.3 of the North Augusta Development Code, the
Interim Director of Planning and Development and the City Engineer approved the final major
site plan for Sweetwater Commons Phase 1 on April 15, 2015 and Sweetwater Commons Phase
2 on October 4, 2016; and
WHEREAS, pursuant to §5.8.4.3 of the North Augusta Development Code, the
Planning Department approved the easement plat for Sweetwater Commons Phases 1 & 2 on
September 21, 2017; and
WHEREAS, it is the policy of the City that, upon approval of a final major site
plan, the City will, following inspection by the City's Engineering Department, accept a deed of
Minutes of Regular Meeting of 10/02/17
dedication for the infrastructure improvements, etc. for the purpose of ownership and
maintenance when said deed is accompanied by a maintenance guarantee; and
WHEREAS, a maintenance guarantee and supporting letter of credit accompany
the deed; and
WHEREAS, the City Engineer has made final inspection of the subject
improvements and these improvements meet City standards.
NOW THEREFORE, BE IT RESOLVED that the Mayor and City Council of the
City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof,
do hereby accept a deed of dedication for:
The hereinafter described easement which is shown on that certain plat, prepared
for Next Chapter Sweetwater, LLC by R. D. Patner P.L.S., dated September 12,
2017 (the "Plat").
A non-exclusive easement in perpetuity for the use, repair, and maintenance of
sewer lines on and under that property designated and described as crosshatched
on the Plat (the "Easement").
TOGETHER WITH fee simple title to all sewer lines and apparatus constructed
by Grantor in, upon and under said Sewer Easement.
By acceptance of this deed, Grantee agrees to promptly maintain, repair and
replace the sewer lines and apparatuses installed or within the Sewer Easement
and that upon completion of any maintenance or repair of said sewer lines,
Grantee shall promptly return any disturbed land to its pre-disturbed condition.
Grantor reserves the right to relocate the Sewer Easement and the associated
sewer lines and apparatus upon prior notice to Grantee.
Derivation: Deed Book RB4561, Page 1252
Deed Book RB4561, Page 1383
Deed Book RB4586, Page 1213
BE IT FURTHER RESOLVED that a Maintenance Guarantee and Irrevocable
Letter of Credit in the amount of$38,250.00 are hereby accepted.
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 10/02/17
ITEM 10. CITIZEN COMMENTS: Speaker Forms Submitted for October 2, 2017
Council Meeting
Please see the attached Speaker Forms completed by citizens for the October 2,
2017 Council meeting.
There being no further business, Council adjourned at 7:35 p.m.
APPROVE / HIS ti DAY OF Respectfully submitted,
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A a pa Donna B. Young
Robert A. Pettit, ayor
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PLEASE PROVIDE A ONE SENTENCE SUMMARY OF YOUR COMMENT TO COUNCIL.
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THIS FORM WILL BE ATTACHED TO THE MINUTES OF THE CITY COUNCIL MEETING.
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