030419 City Council Backup Materials North
Augusta
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South Carolina's Riuerfront
CITY COUNCIL
REGULAR MEETING AGENDA
WITH BACK UP MATERIALS
MARCH 49 2019
A gus of
South Comlbtm�s Inueifront
AGENDA: CITY OF NORTH AUGUSTA REGULAR CITY COUNCIL MEETING
March 4,2019—Municipal Center—100 Georgia Avenue,3rd Floor—7:00 P.M.
CITIZEN COMMENTS: Citizens may speak to Mayor and City Council on each item listed on this agenda. Mayor Pettit will call
for your comments prior to City Council discussing the matter. Citizens wishing to address Mayor and City Council are required
to submit a Speaker Form to the City Clerk before addressi.2 Mayor and City Council. Forms are provided on the credenza at
the entrance to the Council Chambers. Citizen comments are limited to five minutes.
CITIZEN ASSISTANCE: Individuals needing special assistance or sign interpreter to participate in the meeting,please notify the
Administration Department 48 hours prior to the meeting.
1. CALL TO ORDER:
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. APPROVAL OF MINUTES: Regular and study session meeting minutes of February 18,2019
UNFINISHED BUSINESS
5. ANNEXATION: Ordinance No. 2019-01 —An Ordinance to Change the Corporate Limits of the City of North
Augusta by Annexing.63 +/- Acres of Property Located at 1015 Reams Road and Owned by
Kenneth A.Newsome,Third and Final Reading
NEW BUSINESS
6. ELECTION: 2019 Municipal General Election—Certification of Official Results,Municipal Election
Commission,Council Acceptance—Motion
7. ECONOMIC DEVELOPMENT: Resolution No.2019-08—A Resolution to Authorize Expenditure of Funds for
Preparation of Response Comments on the Draft Integrated Post Authorization
Analysis Report(PAAR)and Supplemental Environmental Assessment(SEA),
Fish Passage at New Savannah Bluff Lock and Dam(NSBLD),and Draft
Findings of No Significant Impact(FONSI)to Evaluate Proposed Changes to
the Fish Passage Feature of the Savannah Harbor Expansion Project(SHEP)
Issued by the Savannah District of the U.S.Army Corps of Engineers.
8. ECONOMIC DEVELOPMENT: Resolution No.2019-09—A Resolution to Authorize the City of North Augusta
to Finalize the Contract with Odell Associates,Inc.with a Settlement
Agreement Related to the Contract of March 4,2014.
9. PRESENTATIONS/COMMUNICATIONS/RECOGNITION OF VISITORS:
A. Citizen Comments: At this time,citizens may speak to Mayor and City Council regarding matters not listed on the
agenda. Citizens wishing to address Mayor and City Council are required to submit a
Speaker Form to the City Clerk before addressing Mayor and City Council. Forms are
provided on the credenza at the entrance to the Council Chambers. Citizen comments are
limited to five minutes.
B. Council Comments
10. ADJOURNMENT:
Administration Department Memorandum
North
Augusta\,/
South Carolinas Rfoerfront
TO: Mayor and City Council
FROM: B.Todd Glover,City Administrator
DATE: March 1,2019
SUBJECT: _Regular City Council Meeting of March 4 2019
REGULAR COUNCIL MEETING
UNFINISHED BUSINESS
ITEM 5. ANNEXATION: Ordinance No.2019-01 to Change the Corporate
Limits of the City of North Augusta by Annexing
.63 +/-Acres of Property Located at 1015 Reams
Road and Owned by Kenneth A.Newsome,
Third and Final Reading
An ordinance has been prepared for Council's consideration on third and
final reading to affect the requested annexation.
The property is proposed to be zoned R-14,Large Lot Residential,as shown
on a map identified as "Exhibit B" Title "R-14 Zoning of Property Sought
to be Annexed to the City of North Augusta" dated February 6, 2019, and
prepared by the City of North Augusta.
Please see ATTACHMENT NO. 5 for a copy of the proposed ordinance
and maps.
NEW BUSINESS
ITEM 6. ELECTION: 2019 Municipal General Election—Certification
of Official Results,Municipal Election
Commission,Council Acceptance—Motion
Please see ATTACHMENT NO. 6 for a copy of the letter from the
Municipal Election Commission.
Much 1, 2019
ITEM 7. ECONOMIC DEVELOPMENT: Resolution No.2019-08—
A Resolution to Authorize Expenditure of Funds
for Preparation of Response Comments on the
Draft Integrated Post Authorization Analysis
Report(PARR) and Supplemental
Environmental Assessment(SEA), Fish Passage
at New Savannah Bluff Lock and Dam (NSBLD),
and Draft Findings of No Significant Impact
(FONSI) to Evaluate Proposed Changes to the
Fish Passage Feature of the Savannah Harbor
Expansion Project(SHEP)Issued by the
Savannah District of the U.S.Army Corps of
Engineers.
A resolution has been prepared for Council's consideration to authorize the
following:
1. The City Administrator is authorized to expend from the General
Fund Administration Contingency Account not more than $15,000 for the
preparation of comments on the Draft Integrated Post Authorization
Analysis Report (PAAR) and Supplemental Environmental Assessment
(SEA), Fish Passage at New Savannah Bluff Lock and Dam(NSBLD), and
Draft Finding of No Significant Impact (FONSI) to evaluate proposed
changes to the Fish Passage feature of the'Savannah Harbor Expansion
Project(SHEP) issued by the Savannah District of the U.S. Army Corps of
Engineers.
2. Should the City Administrator deem it appropriate, to enter into an
agreement with Augusta-Richmond County to have comments for joint
submission prepared by contractors possessing the specific technical
knowledge and experience in the disciplines cited above.
Please see ATTACHMENT NO. 7 for a copy of the proposed resolution.
ITEM 8. ECONOMIC DEVELOPMENT: Resolution No.2019-09—
A Resolution Authorizing the City of North
Augusta to Finalize the Contract with Odell
Associates, Inc. with a Settlement Agreement
Related to the Contract of March 4,2014.
A resolution has been prepared for Council's consideration to authorize the
City of North Augusta to finalize the contract with Odell Associates, Inc.
with a settlement agreement related to the contract of March 4,2014 and that
the City Administrator be authorized as follows:
1. To review and execute the Settlement Agreement;and
March 1, 2019
2. To execute such other documentation necessary to carry out the
settlement as agreed.
Please see ATTACHMENTS NO.8-A& 8-B for a copies of the proposed
resolution and the Settlement Agreement.
ATTACHMENT NO. 5
ORDINANCE NO. 2019-01
TO CHANGE THE CORPORATE LIMITS
OF THE CITY OF NORTH AUGUSTA
BY ANNEXING
t 0.63 ACRES OF PROPERTY LOCATED
AT 1015 REAMS ROAD
AND OWNED BY KENNETH A.NEWSOME
WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South
Carolina provides that: "Notwithstanding the provisions of subsections (1) and (2) of this
section, any area or property which is contiguous to a municipality may be annexed to the
municipality by filing with the municipal governing body a petition signed by all persons
owning real estate in the area requesting annexation. Upon the agreement of the governing
body to accept the petition and annex the area, and the enactment of an ordinance declaring
the area annexed to the municipality,the annexation is complete'; and
WHEREAS, the Mayor and City Council of the City of North Augusta, by
adoption of Resolution No. 2019-07 dated February 18, 2019, accepted a Petition for
Annexation and wish to annex the below described properties; and
WHEREAS, the zoning classification recommended for the properties
proposed for annexation has been reviewed for consistency with the Future Land Use
Classification of the properties as specified in the Land Use Element of the North Augusta
2017 Comprehensive Plan;
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:
I. The following described property shall be annexed into the City of North
Augusta:
All that piece, parcel, or lot of land with the improvements thereon, situate,
lying and being just outside the City of North Augusta, Aiken County, South
Carolina, containing 0.63 acres as shown on a plat prepared by Joe L. Grant,
RLS, dated February 23, 1977 and recorded in the Aiken County RMC Office
in Misc. Book 230, page 56. For a more specific description,reference should
be made to the aforesaid plat which is made a part and parcel hereof.
Being the identical premises conveyed to Kenneth A. Newsome by deed
recorded in Aiken County RMC Office in Deed Book 4759,pages 988-1003.
Tax Parcel Number 002-08-03-011
The property to be annexed is also shown on a map identified as "Exhibit A"
titled "Map of Property Sought to be Annexed to the City of North Augusta"
dated February 6, 2019 and prepared by the City of North Augusta.
it. The zoning classification shall be R-14, Large Lot Residential, as shown on a
map identified as "Exhibit B" titled "R-14 Zoning of Property Sought to be
Annexed to the City of North Augusta" dated February 6, 2019, and prepared
by the City of North Augusta.
III. All ordinances or parts of Ordinances in conflict herewith are, to the extent of
such conflict,hereby repealed.
IV. This Ordinance shall become effective immediately upon its adoption on 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 MARCH,2019.
First Reading:
Second Reading: Robert A. Pettit,Mayor
Third Reading: ATTEST:
Sharon Lamar, City Clerk
ATTACHMENT NO.6
North �-31
AUgUSta74/ Municipal Election Commission
P.O.Box 6400
South Carolina's Rluerfioni North Augusta,SC 29861-6400
March 1, 2019
The Honorable Robert A. Pettit,Mayor
City of North Augusta
P.O. Box 6400
North Augusta, South Carolina 29861
Dear Mayor Pettit:
The following candidates,Republican by primary and Constitution by
convention, have been certified by the Municipal Election Commission for three seats on
City Council in the forthcoming General Election on April 30,2019.
Republican: Bob Brooks
Eric Presuell
Kevin Toole
Constitution: Stetson Corbitt
Elizabeth Jones
Dave Leverett
No other candidates have qualified by nomination or petition.
Srely,
JohnY oun ner,Jr.
Chairman
Verlon McDowell
ADMINISTRATION DEPT. ��...�o
Ben G. Watson
MAR - i 2019
CITY OF NORTH AUGUSTA
ATTACHMENT NO. 7
RESOLUTION 2019-08
A RESOLUTION TO AUTHORIZE EXPENDITURE OF FUNDS FOR PREPARATION
OF RESPONSE COMMENTS ON THE DRAFT INTEGRATED POST
AUTHORIZATION ANALYSIS REPORT (PARR)AND SUPPLEMENTAL
ENVIRONMENTAL ASSESSMENT(SEA), FISH PASSAGE AT NEW SAVANNAH
BLUFF LOCK AND DAM (NSBLD),AND DRAFT FINDING OF NO SIGNIFICANT
IMPACT(FONSI) TO EVALUATE PROPOSED CHANGES TO THE FISH PASSAGE
FEATURE OF THE SAVANNAH HARBOR EXPANSION PROJECT(SHEP)ISSUED
BY THE SAVANNAH DISTRICT OF THE U.S. ARMY CORPS OF ENGINEERS.
WHEREAS,the City of North Augusta has branded itself as"South Carolina's
Riverfront", and
WHEREAS,the New Savannah Bluff Lock and Dam(NSBLD) for more than
80 years has maintained the pool created by the said NSBLD in the Savannah River at a target
elevation of 114.5 feet, and
WHEREAS,the City of North Augusta via Resolution 2019-01 is on record as
supporting Option 1-1,Retain the Dam with GA Fish Passage,and authorizing the Mayor and
City Administrator to take measures to ensure the present pool is maintained, and
WHEREAS, Option 2-6d, Lowered Fixed Crest Weir with Dry Floodplain
Bench, recommended by the U.S. Army Corps of Engineers (USACE) calls for replacement
of the NSBL&D with a rock weir whose height will substantially lower the pool elevation
along the City of North Augusta's shoreline, and
WHEREAS, the USACE has issued a number of documents related to its
decision to replace the NSBL&D with the rock weir to the public for comment, and
WHEREAS, the preparation of the City of North Augusta comments will
require substantial effort requiring knowledge of hydraulics, hydrology, cost estimating,
engineering, environmental sciences,recreation,mapping, and real estate, and
WHEREAS, the comments delivered to the USACE by the City of North
Augusta,as well as,the comments submitted by surrounding municipalities and their citizens,
local industries, and environmental groups must be well-reasoned and technically correct and
reflective of the broad impacts which will be caused by selection of Option 2-6d as the
mitigation action to be implemented,
WHEREAS,the City's staff has neither the breadth of experience nor expertize
to prepare the comprehensive comments nor time anticipated to be necessary to develop the
comments, and
NOW THEREFORE, BE IT RESOLVED that the Mayor and City Council of
the City of North Augusta, in meeting duly assembled and by the authority thereof,authorize
the following:
1. The City Administrator is authorized to expend from the General Fund
Administration Contingency Account not more than $15,000 for the
preparation of comments on the Draft Integrated Post Authorization
Analysis Report (PAAR) and Supplemental Environmental
Assessment (SEA), Fish Passage at New Savannah Bluff Lock and
Data (NSBLD), and Draft Finding of No Significant Impact (FONSI)
to evaluate proposed changes to the Fish Passage feature of the
Savannah Harbor Expansion Project (SHEP) issued by the Savannah
District of the U.S. Army Corps of Engineers.
2. Should the City Administrator deem it appropriate, to enter into an
agreement with Augusta-Richmond County to have comments forjoint
submission prepared by contractors possessing the specific technical
knowledge and experience in the disciplines cited above.
DONE,RATIFIED,AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH
AUGUSTA,SOUTH CAROLINA,ON THIS THE 4n' DAY OF MARCH,2019.
SIGNED BY:
ROBERT A.PETTIT,MAYOR
ATTESTED BY:
SHARON LAMAR,CITY CLERK
i
I
j ATTACHMENT NO. 8-A
RESOLUTION NO. 2019-08
AUTHORIZING THE CITY OF NORTH AUGUSTA TO FINALIZE THE CONTRACT
WITH ODELL ASSOCIATES, INC. WITH A SETTLEMENT AGREEMENT RELATED
TO THE CONTRACT OF MARCH 4. 2014.
WHEREAS,the City entered into a contract with Odell Associates,Inc.,dated
Much 4, 2014, whereby Odell agreed to provide professional services to the City related to
the design of a minor-league baseball stadium; and
WHEREAS, a disagreement arose between the parties regarding final
completion of services to the City as a part of Odell's responsibility for Design Services; and
WHEREAS, the parties have negotiated this matter and have reached an
agreement that is satisfactory to both parties with a net credit to the City; and
WHEREAS,Mayor and City Council are authorized to review and execute this
Settlement Agreement with input from the appropriate Representatives of the City and that
this Settlement Agreement is reasonable,avoids the expense and inconvenience of Arbitration
/Mediation and is in the best interest of the City.
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 as follows:
1. To review and execute the Settlement Agreement; and
2. To execute such other documentation necessary to carry out the
settlement as agreed.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS 4ro DAY OF MARCH,
2019.
SIGNED BY:
ROBERT A.PETTIT,MAYOR
ATTESTED BY:
SHARON LAMAR,CITY CLERK
ATTACHMENT NO. 8-B
FINAL SETTLEMENT AGREEMENT AND RELEASE
This Settle nt Agreement and Release ('Settlement Agreement") is made and entered
into as of ihisday of 3atmmy, 2019 by and between the City of North Augusta, South
Carolina ("Owner") andOdell Associates, Inc. ("Odell"), collectively referred to as (the
`Parties"). Fo eLrvBnq
RECITALS
WHEREAS, by contract dated March 4, 2014, Odell agreed to provide professional
services to Owner ("Contract") for the design of a Minor League Baseball Stadium referred to
herein as the North Augusta Ballpark(`Project");
WHEREAS, a dispute arose between the Parties regarding Odell's responsibility for
certain Owner-alleged errors and omissions (specifically set forth in "Exhibit A") with respect
to the certain components of the Project("Dispute");
WHEREAS, the Parties desire to avoid the expense and inconvenience of litigation or
further dispute resolution procedures that may be required and,by their agreement now,intend to
compromise and settle all claims related to, arising out of, or as a result of the Project, including
but not limited to the Dispute,
NOW,THEREFORE,the Parties agree as follows:
SETTLEMENT AGREEMENT
1. Consideration. Odell shall pay to Owner the total sum of Seventy-Five Thousand and
00/100 Dollars ($75,000.00)as good and valuable consideration for the resolution of the Dispute
and the promises contained herein("Settlement Amount").
2. Release. Upon Owner's receipt of the Settlement Amount referenced in Paragraph 1,
Owner does, on behalf of itself and its employees, agents, shareholders, members, assigns, and
insurers, hereby release and forever discharge any and all claims (including but not limited to
any actions, claims, demands and causes of action for any and all types, kinds, or character of
damages or injuries) related to, arising out of, or as a result of alleged errors and omissions of
Odell and/or its consultants (including but not limited to Smith Seckman Reid, Inc.) in
connection with the Ballpark Stadium, as set forth in"Bahibit A."
Odell, in consideration of the covenants and promises set forth in this Settlement Agreement,
does for itself and its employees, agents, shareholders, members, assigns, and insurers hereby
release and forever discharge any and all claims (including but not limited to any actions,claims,
demands and causes of action for any and all types, kinds, or character of damages or injuries)
related to payment by Owner for Odell's professional services for the Ballpark Stadium.
3. Reservation of Right. To the extent the Parties have or will in the future have disputes
regarding aspects of the Project not specifically released in this Settlement Agreement, the
Parties specifically reserve the right to assert all such claims.
Page 1 of 3
4. Authority to Bind. The Parties represent and warrant that they are legally authorized to
enter into this Settlement Agreement and make all representations, warranties, and promises
made herein; further each of the Parties represents and warrants that no other person, firm, or
entity is required to authorize the Release.
5. No Admission of Liability. The Parties agree and understand that this Settlement
Agreement is entered into solely for the purpose of avoiding the cost and inconvinience of
litigation and is not an admission of liability nor is it evidence of any wrongdoing by any of the
Parties.
6. Read and Understood. The Parties represent and warrant that they have read and agreed
to each and every term herein and are represented by counsel, or have had and declined to
consult with counsel,and have read and understood this Settlement Agreement.
7. Construction. This Settlement Agreement has been jointly drafted and shall be
construed as such,neither for or against any of the Parties. To the extent any obligation herein is
found to be ambigious, the obligations shall be construed in such a way to accomplish the intent
of the Parties described in the recitals.
8. Severability. If any court determines that any term, condition,clause, or provision of
this Settlement Agreement is invalid, only that term, condition,clause,or provision will be
invalid, and the rest will remain in full force and effect.
9. Final Integration. This Settlement Agreement constitutes the entire agreement between
the Parties relating to the Dispute and supersedes all prior agreements,understandings, and
negotiations or discussions, either oral or in writing, expressed or implied,between the Parties
with respect to the same.
10. Execution in Parts. This Settlement Agreement may be executed in any number of
actual or electronic copies of counterparts,each of which when so executed and delivered will be
an original.The executed signature page(s)from each actual or electronic copy of a counterpart
may be joined together and attached and will constitute one and the same instrument.
[SIGNATURE PAGE TO FOLLOW]
AGREED TO BY:
Page 2 of 3
STATE OF )
Todd Glover )
COUNTY )
City of North Augusta,SC PERSONALLY APPEARED BEFORE ME, the undersigned
authority, in and for the jurisdiction aforesaid, the within named,
TODD GLOVER, who acknowledged to me that he signed the above
and foregoing Settlement Agreement on the day and year therein
stated and for the purpose therein mentioned and that the matters and
things therein stated are agreeable to him.
SWORN TO AND SUBSCRIBED BEFORE ME this,the day
of 2019.
Notary Public
My Commission Expires:
00(J�VP�/ STATEOP 0V+n rd11'W .
"Aljke Woollen,AIA )
Waging Principal COUNTY OF IU rude VI-q)
PERSONALLY APPEARED BEFORE ME, the undersigned
Odell Associates,Inc. authority, in and for the jurisdiction aforesaid, the within named,
MIRE WOOLLEN,who acknowledged to me that he signed the above
and foregoing Settlement Agreement, on the day and year therein
stated and for the purpose therein mentioned and that the matters and
things therein stated are agreeable to him.
W NITNEV W F71 SWORN TO AND SUBSCRIBED BEFORE ME this,the�]'rh day
N07ARV PUBLIC of Y ,2019.
70'].1331on
ecklenburg County
North Carolina
[my Eapirea Feb.22,2020 Notary Public
My Commission Expires:k k 111A LLY 11 0707 t 190 al)
J�
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