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010719 Council Mtg Mins Adopted North Augusta South Carolina's Riuerfront MINUTES OF JANUARY 7, 2019 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 January 07, 2019, having been duly publicized, was called to order by Mayor Pettit at 7:04 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; O Cammie T. Hayes, Director of Finance; Richard L. Meyer, Director of Parks, Recreation, & Tourism; John C. Thomas, Director of Public Safety; Thomas C. Zeasey Director of Engineering Minutes of Regular Meeting of 01/07/19 © and Public Works; James E. Sutton, Director of Public Services; Lillian E. (Libby) Hodges, Director of Planning and Development; J. D. McCauley, Manager of Human Resources; and Sharon Lamar, City Clerk. The minutes of the regular and study session minutes of December 17, 2018, were approved by general consent. ITEM 5. PERSONNEL: Appointment of City Clerk Upon the motion by Mayor Pettit, second by Councilmember McDowell, Council unanimously approved the appointment of Sharon Lamar as City Clerk. ITEM 6. FINANCE: Ordinance No.2018-15—An Ordinance Relating to the Recovery of Collection Costs as a Part of Delinquent Debts Collected Pursuant to the Setoff Debt Collection Act—Ordinance, Third and Final Readine On motion by Councilmember Carpenter, second by Councilmember Brooks, Council unanimously passed an ordinance on third reading relating to the recovery of collection costs as part of delinquent debts collected pursuant to the Setoff Debt Collection Act. OThe ordinance text is as follows: Please note that all complete exhibits and attachments are available in the Oj71ce ofthe City Clerk ORDINANCE NO. 2018-15 AN ORDINANCE RELATING TO THE RECOVERY OF COLLECTION COSTS AS A PART OF DELINQUENT DEBTS COLLECTED PURSUANT TO THE SETOFF DEBT COLLECTION ACT WHEREAS, the City of North Augusta, South Carolina is a claimant agency as defined in the Setoff Debt Collection Act, S.C. Code Ann. § 12-56-10, et seq. (the Act) and is therefore entitled to utilize the procedures set out in the Act to collect delinquent debts owed to the City of North Augusta, South Carolina; and WHEREAS, "delinquent debt' is defined in the Act to include "collection costs, court costs, fines, penalties, and interest which have accrued through contract, subrogation, tort, operation of law, or any other legal theory regardless of whether there is an outstanding judgment for that sum which is legally collectible and for which a collection effort has been or is being made;" and WHEREAS, the City of North Augusta, South Carolina has contracted with the C Municipal Association of South Carolina to submit claims on its behalf to the SC Department of Revenue pursuant to the Act; and Minutes of Regular Meeting of 01/07/19 © WHEREAS, the Municipal Association of South Carolina charges an administrative fee for the services it provides pursuant to the Act; and WHEREAS,the administrative fee charged by the Municipal Association of South Carolina is a cost of collection incurred by the City of North Augusta, South Carolina that arises through contract, and is therefore properly considered as a part of the delinquent debt owed to the City of North Augusta, South Carolina as that term is defined in the Act; and WHEREAS, the City of North Augusta, South Carolina also incurs internal costs in preparing and transmitting information to the Municipal Association, which costs are also collection costs that are a part of the delinquent debt owed to the City of North Augusta, South Carolina; and WHEREAS, the City of North Augusta, South Carolina may desire to recover its internal costs of collection by adding such costs to the delinquent debt; 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 of North Augusta, South Carolina may impose a collection cost of up to $25.00 O to defray its internal costs of collection for any delinquent debts that are sought to be collected pursuant to the provisions of the Setoff Debt Collection Act, S.C. Code Ann. § 12-5610 et. seq. This cost is hereby declared to be a collection cost that arises by operation of law and shall be added to the delinquent debt and recovered from the debtor. 2. The City of North Augusta, South Carolina hereby declares that the administrative fee charged by the Municipal Association of South Carolina is also a collection cost to the City/Town,which shall also be added to the delinquent debt and recovered from the debtor. 3. All Ordinances in conflict with this Ordinance are hereby repealed. 4. This Ordinance shall be effective on the date of final reading,provided however, that this ordinance is declared to be consistent with prior law and practice and shall not be construed to mean that any fees previously charged to debtors as costs of collection under the Act were not properly authorized or properly charged to the debtor. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF 2019. i i O i Minutes of Regular Meeting of 01/07/19 ITEM 7: FINANCE: Resolution No. 2018-31 — A Resolution to Authorize the C Municipal Association of South Carolina to act as a Claimant Agency for the Collection of Debt on Behalf of the City of North Augusta in Accordance with the Setoff Debt Collection Act On motion by Councilmember Dickert, second by Councilmember McGhee, Council unanimously removed from table Resolution No. 2018-31. Following removal of the resolution from the table, City Attorney, Kelly Zier, reported that he had contacted the Municipal Association of South Carolina to clarify the Council's understanding of entering into agreements containing indemnification clauses. He also received further information from the City's insurance company. With this clarification, an additional paragraph was added to the original resolution. On motion by Councilmember McDowell, second by Councilmember McGhee, Council unanimously passed the resolution,as amended,to authorize the Municipal Association of South Carolina to act as claimant agency for the collection of debt on behalf of the City of North Augusta. The original resolution made be found in the minutes from the December 17,2018 City Council meeting. CThe amended resolution text is as follows: Please note that all complete exhibits and attachments are available in the Office of the City Clerk RESOLUTION NO. 2018-31 TO AUTHORIZE THE MUNICIPAL ASSOCIATION OF SOUTH CAROLINA TO ACT AS CLAIMANT AGENCY FOR THE COLLECTION OF DEBT ON BEHALF OF THE CITY OF NORTH AUGUSTA IN ACCORDANCE WITH THE SETOFF DEBT COLLECTION ACT WHEREAS, the Setoff Debt Collection Act (S.C. Code Ann. §12-56-10) allows the South Carolina Department of Revenue to render assistance in the collection of debt owed to political subdivisions of the State; and WHEREAS, the Municipal Association of South Carolina will net as a claimant agency as provided by S.C. Code Ann. §12-56-10 for political subdivisions in South Carolina;and WHEREAS, the City of North Augusta desires to participate in the Setoff Debt Collection Program of the Municipal Association; NOW THEREFORE,BE IT RESOLVED that the City ofNorth Augusta authorizes the City Administrator to enter into an agreement with the Municipal Association of South I O Carolina for the collection of debt owed the City of North Augusta. Minutes of Regular Meeting of 01/07/19 O BE IT FURTHER RESOLVED, that the City of North Augusta will defend the Municipal Association of South Carolina to the extent permitted by law, against any injuries, actions,liabilities or proceedings that arise solely from alleged actions or omissions of participants, employees, or agents over the course of the Association's performance under the setoff debt provisions. BE IT FURTHER RESOLVED, that the City of North Augusta will defend the Municipal Association of South Carolina to the extent permitted by law, against any injuries, actions, liabilities or proceedings that arise solely from alleged actions or omissions of the South Carolina Department of Revenue (SCDOR) employees or agents, where the SCDOR seeks indemnification from the Association as a claimant agency under the setoff debt provisions. i BE IT FURTHER RESOLVED,that the City of North Augusta will not defend the Municipal Association of South Carolina against any injuries, actions, liabilities or proceedings that arise from alleged actions or omissions of the Association's employees or agents. DONE,RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF , 2019. ORobert A. Pettit,Mayor ATTEST: i Sharon Lamar, City Clerk ITEM 8. ECONOMIC DEVELOPMENT: Resolution No. 2019-1 - A Resolution in Support of Option 1-1 for the New Savannah Bluff Lock and Dam as Presented by the Army Corps of Engineers as a Mithonion Project for the Savannah Port Deepening On motion by Councilmember Carpenter, second by Councilmember McGhee, Council unanimously passed a resolution supporting Option 1-1 for the New i Savannah Bluff Lock and Dam as presented by the Army Corps of Engineers. Public comments were made by the following: j Mr. Perry Holcomb, 1891 Green Forrest Drive,North Augusta, South Carolina i O Minutes of Regular Meeting of 01/07/19 C On motion by Councilmember Carpenter,second by Councilmember McGhee,Mr. Holcomb was allowed five minutes of additional speaking time. Voting for the extended time were Councilmembers Carpenter, McGhee, Brooks, and Adams. Voting against the extended time were Mayor Pettit and Councilmembers McDowell and Dicker[. The ordinance text is as follows: Please note that all complete exhibits and attachments are available in the Office ojthe City Clerk. RESOLUTION NO. 2019-1 A RESOLUTION IN SUPPORT OF OPTION I-1 FOR THE NEW SAVANNAH BLUFF LOCK AND DAM AS PRESENTED BY THE ARMY CORPS OF ENGINEERS AS A MITIGATION PROJECT FOR THE SAVANNAH PORT DEEPENING WHEREAS, the City relies on the Savannah River for drinking water, recreation, and as a beloved amenity that contributes to the quality of life for our citizens; and WHEREAS, the City of North Augusta has branded itself as "South Carolina's Riverfront" and recently, along with private developers, has invested hundreds of millions of dollars into developing said riverfront; and WHEREAS, the City and its citizens have grown reliant and accustomed to the river pool created by the Lock and Dam since it went into service in 1937; and WHEREAS, the 2016 WIIN Act states that any mitigation project selected by the Corps must"maintain the pool ... as in existence on the date of enactment of this Act"; and WHEREAS, the City believes that pool elevation to be 114.5 (NAVD 1988) as measured at Downtown Augusta location (as recorded at USGS Monitoring Gage #02196670); and WHEREAS, the preferred option 2-6d m selected and presented by the Corps would lower said pool by approximately 2.5—3 ft.; and WHEREAS,the Mayor and City Council,after examining all options presented by the Corps,believes that option 1-1 is the only option that comes close to maintaining the existing pool. 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. Option 1-1 as presented by Corps is the preferred option of the City. 2. Any and all measures should be undertaken by the Mayor and City Administrator to ensure that the present pool be maintained. DONE,RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA,SOUTH CAROLINA,ON THIS THE Ira DAY OF JANUARY,2019. O Minutes of Regular Meeting of 01/07/19 CRobert A. Pettit,Mayor ATTEST: Sharon Lamar, City Clerk ITEM 9. PUBLIC SAFETY: Resolution No. 2019.2—A Resolution Authorizing the City to Enter into a Contractual Arrangement for the Purchase of a New Pumper for Public Safety from CPST II Funds On motion by Councilmember Brooks, second by Councilmember Carpenter, the resolution authorizing the city to enter into a contractual arrangement for the purchase of a new pumper for Public Safety from CPST II funds was tabled by an unanimous vote of Council. The(tabled)resolution text is as follows:Please note that all complete exhibits and Oattachments are available in the Office ofthe City Clerk. RESOLUTION NO. 2019 - 2 j AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO A CONTRACTUAL ARRANGEMENT FOR THE PURCHASE OF A NEW PUMPER FOR PUBLIC SAFETY FROM CPST II FUNDS WHEREAS, the City considers public safety a paramount duty of local government; and WHEREAS, quality fire apparatus are an important asset to ensure proper fire protection; and WHEREAS, the Mayor and City Council has determined that it is in the best interest of the City that such vehicles be purchased, and that $500,000 of CPST II funds was recently prioritized by Council for such a purchase; and i WHEREAS, bids for pumpers were solicited by Public Safety and one bid was received from Spartan Fire and Emergency for a total of$508,010 which includes equipment; and WHEREAS, a significant discount of$13,292 is offered if paid in full by January 31,2019 would bring the total to $494,718; and V I Minutes of Regular Meeting of 01/07/19 C WHEREAS,in response to only receiving one bid, staff has investigated historical city purchases and other purchases made by other jurisdictions and believes the bid to be a valid and competitive price. NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof, that the City Administrator is hereby authorized to take such steps as necessary to complete this purchase to include the execution of the Purchase Agreement and any other documents necessary to complete the transaction. BE IT FURTHER RESOLVED that the funds for such purchase will come from the Capital Projects Sales Tax II Fund. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF JANUARY,2019. Robert A.Pettit, Mayor ATTEST: CSharon Lamar, City Clerk ITEM 10. JUSTICE AND LAW: 2019 JURY BOX On motion by Councilmember Brooks, second by Councilmember McGhee, Council unanimously agreed to accept the 2019 Jury Box. ITEM 11. CITIZENS COMMENTS/RECOGNITION OF VISITORS: A. Citizen Comments: Please see the attached Speaker Forms completed by citizens for the January 7, 2019 Council meeting. Augustine Mims Ed Elser Tyler Galles MaryLou Seymour B. Council Comments: Mayor Pettit acknowledged and thanked local artist,Tony Carr,for the recent gift and installation of a metal sculpture on the fust floor of Othe Municipal Center. Minutes of Regular Meeting of 01/07/19 CThere being no fiuther business, Council adjourned at 8:00 p.m. APPROVZ THIS_DAY OF Respectfully submitted, 019. �AMtA/L� Sharon Lamar Robe A. Pettit, a or O O SPEAKER FORM NAME: reyzj 4701E r5 � C, ADDRESS: )941 GY-e, Fr✓ + lyeylj� 0�u�,/s-��14G oZ4$�1 TELEPHONE: g,D3"27 PLEASE PROVIDE A ONE SENTENCE SUMMARY OF YOUR COMMENTTO COUNCIL. (For example: 1 support the resolution because ... ) THIS FORM WILL BE ATTACHED TO THE MINUTES OF THE CITY COUNCIL MEETING. AGENDA ITEM/TOPIC: nG46{v;`nf� 242`4-FSS SUMMARY: Ce b �+/ege tf� srS c,S-(sk.i,�. 5-rATrngvn3 �iwa. -reed VeSajs+'�',cK d PRESENTATION TO THE CITY COUNCIL OF NORTH AUGUSTA REGARDING PROPOSED RESOLUTION NO.2019-01,JAN.7,2019 by H.Perry Holcomb,1991 Green Forest Drive,North Augusta,SC 29&41 RESOLUTION NO.2019-1 A RESOLUTION IN SUPPORT OF OPTION 1-1 FOR THE NEW SAVANNAH BLUFF.LOCK AND DAM AS PRESENTED BY THE ARMY CORPS OF ENGINEERS AS A MITIGATION PROJECT FOR THE SAVANNAH PORT DEEPENING WHEREAS,the City relies on the Savannah River for drinking water,recreation,and as a beloved amenity that contributes In the quality of life for our citizens;and WHEREAS, the City of North Augusta has branded itself m "South Carolina's Riverfrom"and recently,along with private developers,has invested hundreds of millions of dollars into developing said riverboat;and WHEREAS,the City and its citizens have gown reliant and accustomed to the river pool created by the Lock and Data since it went into service in 1937;and -> WHEREAS, the 2016 WTIN Act states that any mitigation project selected by the Corps must"Wintsm the pqa—as in existence on the date of enactment of this Act";and ---4 WHEREAS, the City believes that pool elevation to be 114.5 (NAVD 1988) as measured at Downtown Augusta location(as recorded at USGS Monitoring Gage#02196670);and • - > WHEREAS,the preferred option 2-61,as selected and presented by the Corps would lower said pool by approximately 2,L 3.8,;and WHEREAS, the Mayor and City Council, after examining all options presented by the Corps,believes that option 1-1 is the only option that comes close to maintaining the existing pool. 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, I. Option 1-I as presented by Corps is the preferred option of the City. - --D 2. Any and all measures sbould be undertaken by the Mayor and City Administrator to ensure that the present pool be maintained. DONE,RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OFNORTH AUGUSTA,SOUTH CAROLINA,ON THIS THE 7a' DAY OF JANUARY,2019. Robert A.Pettit,Mayor ATTEST: Sharon Lamar,City Clerk VVIAN Act • ate-au hon eat the Lock and Dam • Co stru t -h : 'lni l fish massage #nd 0 [[Page 130 STAT. 170411 (c) Project Modifications.-- (1) In general.--Notwithstanding any other provision of law, the Project is modified to include,as the Secretary determines to be necessary-- (A)(i) repair of the lock wall of the New Savannah Bluff Lock and Dam and modification of the structure such that the structure is able-- (1)to maintain the pool for navigation water N0111 till, PO(1L. 111J6111 suppl4 and recreational activities,as in IS NOl SPk(I Fl P.11, I I i 5 I existence on the date of enactment of this Act l'If Ii11001, 131: MAINI'AINH) and J 0111 1lIK1i1: PI1Ki'OSH'.ti (11)to allow safe passage over the structure to historic spawning grounds of shortnose sturgeon,Atlantic sturgeon,and other migratory fish; or (ii)(1) construction at an appropriate location N 0'1`1` 11 A N A 1,10 NAZI V I. across the Savannah River of a structure that is able to IS 5HXGI'FO, 111F POOL maintain the pool for water supply and recreational W11,1 R If M.A I N'I"A I N F I) activities as in existence on the date of enactment of FOR "IV() NU k ilO 1f'. this Act;and (11) removal of the New Savannah Bluff Lock and Dam on completion of construction of the structure and (B)conveyance by the Secretary to Augusta-Richmond County,Georgia,of the park and recreation area adjacent to the New Savannah Bluff Lock and Dam,without consideration. )SGS 02196670 SAVANNAH RIVER JEFFERSON DAVIS BR, AT AUGUSTA, GA i 128. 126 124 u ; t- 122 120 1 11.8 116 - 114 16 "114 � 112 - Jan O1Feb 011ar 01Hpr Oltay OiJun Bilul Oloug 015ep 010ct 01Nov ODec 01 2018 2018 2018 2018 2018 2018 2018 2018 2018 2018 2016 2018 ' � 5 , �: Gonstrod 115 Passage with tixcd crest 104, ar Rm91a„kxall 0I l t I: . vJUult �vy ImPactto WatafL F a „5+?S4asg�d�is • I ' ihb ! . dkemafi01 ye watt"ItonalhstsWrePaitln 9 the Cl ' *' area 0 tlphUY lowem thea Park op the t e eMailing n mP Stn ctOre and thB rlVer . St.Brr tl9@woaltlY nnatln ooteiavaOOrh!o st a fthe r Mbe`and inOuld be side r the B�t�to9 ncor hc an esa1oWereth nThe- 'aterwnheVe sem. = aWv° �, toc]ays con ttogs- ry � i • s • • r4 s.. e g Impact to Watet Levels the 10, 01111110ndad ' lletnaL%: consists of .t t,wd crest w0u tll.tt +5 3 h,ghr, than thr "the, h%" do floodplain aftOmBp�Os It has .t to:A !, "I. vioianq bun, Ihr e\tU,nq da111 IOiab O.,. " !,: loc 6 .t^.d .1.1�•, . I w„uhl hr A Ileodhl.an I+ouch "n."_. .. '.ti ieet 1 dv ,t�atld hr 41r000 thr G""11111.1 sde of tho ° , : _ •_i s�ould !. .P.ts.rd ..i 1� ;, ,J L� I,I r, : r,�•slon the wen .,. . - , S00ire! - . . mniih , .. �..,h•i ;: ? ii .Ih Si [JFI, 140I � . I i. K - :h.`u� t. .I,, . � nl',! ❑ ' VCgr, JA ) • (�9l �� M' W-1 *44]MW bow "! $UiLDING STR mul! • 20 S142,bSO,OW C,+Ills ckolcd SE 140 .02 1 .000 S65636'000 n SPEAKER FORM NAME: 1�q 'S`YT r � A& ADDRESS: �_D'L—� APL-k JJ TELEPHONE. o ` J `✓✓I ' �'� SLY PLEASE PROVIDE A ONE SENTENCE SUMMARY OF YOUR COMMENT TO COUNCIL. (For example;l support the resolution because... ) THIS FORM WILL BE ATTACHED TO THE MINUTES OF THE CITY COUNCIL MEETING. COUNCIL MEETING DATE: 1'7-19 AGENDA ITEM/TOPIC: F.1"FFCI' E wdi lions PF IVrt 10EP.c 44 , SUMMARY � SPEAKER FORM NAME: �i� ADDRESS: / d 1 n �6"' �-�A G��� TJ /� /- 2q J 6 TELEPHONE: Z© . — 3 '7q--O Z C/ 7 PLEASE PROVIDE A ONE SENTENCE SUMMARY OF YOUR COMMENT TO COUNCIL. (For example;I support the resolution because...) THIS FORM WILL BE ATTACHED TO THE MINUTES OF THE CITY COUNCIL MEETING. COUNCIL MEETINGDATE: /� AGENDA ITEM/TOPIC: ft-t V S/ - LoC'« (-)A wi SUMMARY GiL. N Ods P�DLvO naJC, -Tjk-� (-OCP-14-F Toe, FORM . NAME: I oL, Got[or ADDRESS: -71 Ce' t ' S4 - /4/,( A�,«f�t, (( TELEPHONE: L0 3 — L") A 6 PLEASE PROVIDE A ONE SENTENCE SUMMARY OF YOUR COMMENT TO COUNCIL. (For example:I support the resolution because ...) - - THIS FORM WILL 9E ATTACHED TO THE MINUTES OF THE CITY COUNCIL MEETING. V COUNCIL MEETING DATE: ?/ 19 AGENDA ITEM/TOPIC: n TPut/ to Cprn SUMMARY y t✓outd G4 TO Ufw'/' r4y L04KCi� &9 ti SPEAKER FORM n - NAME: ADDRESS: Y N7 ,- 2 u ALS TELEPHONE: Civ J 3 ZA PLEASE PROVIDE A ONE SENTENCE SUMMARY OF YOUR COMMENT TO COUNCIL. (For example: I support the resolution because ...) THIS FORM WILL BE ATTACHED TO THE MINUTES OF THE CITY COUNCIL MEETING. COUNCIL MEETING DATE: AGENDA ITEM/TOPIC: SUMMARY 1 ^\R>r�'v"� �e Q✓V�, Lrn V Note: Ms.Seymour provided Council with a petition containing 105 signatures, as well as, a significant stack of paperwork containing Transfer Forms and veterinary invoices which are available in the Office of the City Clerk.