021918 Council Mtg Mins Adopted NON
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South Carolina's Riverfront
MINUTES OF FEBRUARY 19, 2018
Robert A. Pettit, Mayor
James M. Adams, Jr., Councilmember
J. Robert Brooks, Councilmember
Pat C. Carpenter, Councilmember
Fletcher L. Dicker!, Councilmember
Kenneth J. McDowell, Councilmember
David W. McGhee, Councilmember
ORDER OF BUSINESS
REGULAR MEETING
The regular meeting of February 19, 2018, having been duly publicized, was called to order by
Mayor Pettit at 7:10 p.m. and adjourned at 7:26 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,
and McGhee. Councilmember McDowell was absent.
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; John C. Thomas, Director of Public Safety; Thomas C. Zeaser, Director of Engineering
Minutes of Regular Meeting of 02/19/18
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 February 5, 2018 and the Envision
2018 study session minutes of February 8 and 9, 2018, were approved by general consent.
ITEM 1. CITY CODE: Ordinance No. 2018-02 — An Ordinance Amending
Section 4.1 of the Code of Laws for the City of North Augusta Entitled
"Consumption of Alcoholic Beverages in Public" — Ordinance, First and
Second Reading - Tabled
On motion by Councilmember McGhee, second by Mayor Pettit, Council
unanimously tabled an ordinance amending Section 4.1 of the Code of Laws for
the City of North Augusta Entitled "Consumption of Alcoholic Beverages in
Public".
The tabled ordinance text is as follows: Please note that all complete exhibits and
attachments are available in the Office of the City Clerk.
ORDINANCE NO. 2018-02
AN ORDINANCE AMENDING SECTION 4-1 OF THE CODE OF LAWS FOR
THE CITY OF NORTH AUGUSTA ENTITLED "CONSUMPTION OF
ALCOHOLIC BEVERAGES IN PUBLIC"
WHEREAS, Section 4-1 of the City Code relates to consumption, use, etc. of
alcoholic beverages in public areas of the City; and,
WHEREAS, such Ordinance was amended in October of 2017 to provide for
regulations that considered City sponsored festivals; and,
WHEREAS, at the time of the passage of said Ordinance, it was anticipated that
additional changes would be necessary in order to effectively regulate future activities within the
City; and,
WHEREAS, the Mayor and City Council have made a determination that it is
appropriate to update such Ordinance.
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. Section 4-1 of the Municipal Code for the City of North Augusta is hereby
deleted in its entirety and replaced with the following:
Section 4-1. Consumption of Alcoholic Beverages in Public
Minutes of Regular Meeting of 02/19/18
a) Except for the area and circumstances provided for in Sections B, C and
D herein, it shall be unlawful for any person, in a public place, within the
corporate limits of the City, to publicly engage in the possession of an
open container of or consume an alcoholic beverage, intoxicating liquors,
beer, ale, porter, wine, any other similar malt or fermented beverage. This
restriction does not apply to any public place licensed for the sale and
consumption of alcoholic beverages by the State of South Carolina.
b) Within the area of the City known as Riverside Village, a specifically
described area shall allow for public possession and consumption under
restrictions and regulations as set forth herein below. The specific area is
described as follows: on the north by Brick Pond Park; on the east by
Georgia Avenue; on the south by the Savannah River and on the west by
Esplanade. The specific area is more specifically identified and reference
for said area is made to the exhibit attached hereto to, identified as
"Alcohol Public Consumption Area.-
1. Between the hours of 10:00 AM and 12:00 MIDNIGHT, any business
establishment that is licensed to sell alcoholic beverages, that is within
or borders on the described area, may sell beer and/or wine beverages
in a paper or plastic cups for removal from the premises to the
designated area. No cans, bottles or glass containers of any nature
may be utilized. No person shall remove more than two (2) beverages
from the premises at any one time.
2. No beverages, as allowed for removal from business establishments as
identified in Number 1 above, are allowed outside of the designated
area. In addition, no alcoholic beverages, for consumption within the
designated area, may be brought in from outside of said area.
3. Any alcoholic beverage dispensed pursuant to this section must be
contained within a paper or plastic cup, not to exceed 16 fluid ounces
in size. Such cups shall be identifiable and as specifically approved
by the City for such usage. Such cups are to be provided by the
business selling such beverages.
4. Should the City Administrator, in consultation with the Public Safety
Director, determine that the enforceability of this Ordinance would be
enhanced by further requirements and regulations related to the
possession and consumption of alcoholic beverages within the
designated area, such requirements may be placed in effect by written
notification of same to all businesses within the designated area.
Minutes of Regular Meeting of 02/19/18
5. The Public Safety Director, the City Administrator, or their designees
shall have the right to temporarily suspend the service of beverages
within the consumption area, in the event that they determine that
such suspension is necessary for the safety and wellbeing of the
persons within the area.
c) The City Administrator may, at his/her discretion, grant a permit for the
consumption of alcoholic beverages in public places, during special
events and celebrations sponsored in whole, or in part, by the City. Such
permit would be in written form and specify the times and areas, when
and where alcoholic beverages may be possessed and consumed. In
addition, the Administrator is authorized to provide such other
restrictions, regulations or requirements deemed appropriate to protect the
interest of the public when granting a permit.
d) Businesses that obtain from the City encroachment permits for outdoor
cafés pursuant to Section 4.32 through 4.32.4 of the North Augusta
Development code, are allowed to provide for the service and
consumption of alcoholic beverages on City streets and public property in
such areas as the permit authorizes the encroachment. The service and
consumption of food, non-alcoholic beverages and alcoholic beverages in
sidewalk encroachments is limited to patrons seated at tables. The permit
may specify the permitted hours for service or consumption of alcoholic
beverages but may not authorize such service between the hours of 12:00
midnight and 10:00 am.
e) The provisions of this Section shall not be construed as an exception or
waiver of any Ordinance or South Carolina Law regarding Public
Intoxication or Operating an Automobile While Impaired, and should not
be construed as affecting Dram Shop Liability or other liability that any
such establishment may be subjected to under law.
f) For purposes of construing and interpreting this Ordinance, the following
definitions shall apply.
a. Alcoholic Beverage. Any spirituous malt, vinous, fermented,
brewed (whether lager or rice beer), or other liquors or a
compound or mixture of them, including, but not limited to, a
powdered or crystalline alcohol, by whatever name called or
known, which contains alcohol and is used as a beverage for
human consumption.
Minutes of Regular Meeting of 02/19/18
b. Person. Any individual, firm, partnership,joint venture, syndicate
or other group or combination acting as a unit, association,
corporation or other legal entity and shall include the plural, as
well as singular.
c. Public Area. Any public street, sidewalk, alley, publicly owned
parking lot, or other public area within the City.
All other Ordinances or parts of Ordinances in conflict herewith are, to the extent
of such conflict, are hereby repealed.
This Ordinance shall become effective immediately upon its adoption on the 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
FEBRUARY, 2018.
ITEM 2. PARKS, RECREATION, & TOURISM: Resolution No. 2018-05 — A
Resolution Authorizing Additional Funding for the Construction of the
Riverview Park Gym Additions
On motion by Councilmember Carpenter, second by Councilmember Brooks,
Council unanimously passed a resolution authorizing additional funding for the
construction of the Riverview Park Gym additions.
The resolution text is as follows: Please note that all complete exhibits and
attachments are available in the Office of the City Clerk.
RESOLUTION NO. 2018-05
AUTHORIZING ADDITIONAL FUNDING FOR THE
CONSTRUCTION OF THE RIVERVIEW PARK GYM ADDITIONS
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; and,
WHEREAS, the Mayor and City Council authorized 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
WHEREAS, the Mayor and City Council reprioritized funding in Sales Tax 3 in
Resolution 2017-21 to cover the cost of the new gym additions at Riverview Park for $5 million;
and
Minutes of Regular Meeting of 02/19/18
WHEREAS, additional funding of$93,000 is being requested for:
Summary Total Cost
Landscaping In house $35,000
CSRA Testing & Engineering Fees not in $21,000
contract
6' sidewalks at Main Entrance VE item returned $ 7,000
Enlarge entry plaza to 50' wide VE item returned $ 2,000
Enlarge the reception desk VE item returned $ 3,000
Installation of irrigation sleeves Added $ 8,000
Turnstiles with post & railin_ Added $ 9,500
Intercom system Added $ 7,500
TOTAL: S93,000
WHEREAS, additional funding of $93,000 would be allocated from the Capital
Projects Fund.
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 total project budget shall be increased by $93,000 with the additional approved herewith,
from the Capital Projects Fund.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS 19TH DAY OF
FEBRUARY, 2018.
ITEM 3. UTILITIES: Resolution No. 2018-06 — Authorizing a Water Tank
Attachment Lease Agreement Between the City of North
Augusta and T-Mobile South, LLC for the Sidereal Avenue
Water Tank
On motion by Councilmember Carpenter, second by Councilmember McGhee,
Council unanimously passed a resolution authorizing a water tank attachment
lease agreement between the City of North Augusta and T-Mobile South, LLC for
the Sidereal Avenue water tank.
The resolution text is as follows: Please note that all complete exhibits and
attachments are available in the Office of the City Clerk.
RESOLUTION NO. 2018-06
AUTHORIZING A WATER TANK ATTACHMENT LEASE AGREEMENT
BETWEEN THE CITY OF NORTH AUGUSTA AND
T-MOBILE SOUTH, LI,C.
FOR THE SIDEREAL AVENUE WATER TANK
Minutes of Regular Meeting of 02/19/18
WHEREAS, the City of North Augusta desires to lease to T-Mobile South, LLC., certain space
upon the City's Atomic Road water tank upon which T-Mobile has certain antennae, other equipment, and related
devices, and to lease ground space used exclusively to house T-Mobile's equipment; and
WHEREAS, T-Mobile desires to lease from the City certain space on the City's Sidereal Avenue
water tank and ground space for T-Mobile's equipment.
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 T-Mobile South, LLC. for the Sidereal water tank.
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 DAY OF ,2018.
ITEM 4. CITIZEN COMMENTS: Speaker Forms Submitted for February 19, 2018
Council Meeting
Please see the attached Speaker Forms completed by citizens for the February 19,
2018 Council meeting.
There being no further business, Council adjourned at 7:26 p.m.
APPR D I IS DAY OF Respectfully submitted,
/� 2018. rDp _
Donna B. Young
Robert A. Pettit, Mayor
SPEAKER FORM
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TELEPHONE: 9-6 3 — �" '
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