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010620 Study Session Memo Backup Administration Department North �'10 Augusta South Carolina's Riuerfront Interoffice Memorandum TO: Mayor and City Council FROM: Rachelle Moody,Interim City Administrator DATE: January 3,2020 SUBJECT: Study Session Date of Monday,January 6,2020 A study session of the North Augusta City Council has been scheduled for Monday.January 6.2020, at 6:00 p.m. in the Municipal Center V Floor Council Conference Room located at 100 Georgia Avenue. The following is among the topics for discussion and review: ITEM 1. CITY COUNCIL AGENDA: Items on the January 6, 2020 Council Agenda — Council Discussion At this time,any questions related to the agenda scheduled for tonight's meeting may be discussed. ITEM 2. PUBLIC SERVICES: Materials Recovery Facilities Recveline Video—Council Update James Sutton, Director of Public Services, will share the Materials Recovery Facilities Recycling Video for Council's information. ITEM 3. ECONOMIC DEVELOPMENT: Riverside Village Parking—Council Update Rachelle Moody,Interim City Administrator,will update Council as to the current status and trends of Riverside Village parking. ITEM 4. CODE OF ORDINANCES: Section 2-33 and Section 2-35—Council Discussion Kelly Zieq City Attorney, will discuss revisions to City ordinances related to preparation of ordinances and setting and preparing agenda. ITEM 5. LEGAL: Executive Session—Request of the City Attorney In compliance with Section 304-70(a)(1)the City Attorney requested an executive session for the purpose of (1) Discussion of employment, appointment, compensation, promotion, demotion, discipline, or release of an employee, a student, or a person regulated by a public body or the appointment of a person to a public body;however,if an adversary hearing involving the employee or client is held, the employee has the right to demand that the hearing be conducted publicly. Nothing contained in this item shall prevent the public body, in its discretion, from deleting the names of the other employees or clients whose records are submitted for use at the hearing. A. Discussion is related to a personnel matter Sec. 2-33. - Ordinances, resolutions, motions and contracts—Procedure. (a) Preparation of ordinances. All ordinances shall be prepared by the city attorney. No ordinance shall be prepared for presentation to the council unless ordered by a majority vote of the council, or requested in writing by the mayor or the city administrator or prepared by the city attorney on such attorney's own initiative. (b) Prior approval by administrative staff.All ordinances, resolutions and contract documents shall, before presentation to the council, have been approved as to form and legality by the city attorney or such attorney's authorized representative, and shall have been examined and approved for administration by the city administrator. All such instruments shall have first been referred to the head of the department under whose jurisdiction the administration of the subject matter of the ordinance, resolution or contract document would devolve and be approved by the department head; provided, that if approval is not given,then the instrument shall be returned to the city administrator with a written memorandum of the reasons such approval is withheld. In the event the questioned instrument is not redrafted to meet a department head's objection, or objection is not withdrawn and approval in writing given, then the city administrator shall so advise the council and give the reasons advanced by the department head for withholding approval. (c) Introducing for passage or approval. (1) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. (2) All ordinances shall have three (3) separate readings. First and second readings of an ordinance may be held on the same day unless two (2) or more members of council present and voting object. Second and third readings shall be held on two (2)separate days with at least six(6)days between. (3) No ordinance shall relate to more than one subject,which shall be clearly expressed in its title, and no ordinance, or section thereof, shall be amended or repealed unless the new ordinance contains the title of the ordinance or section amended or repealed, and when practicable all ordinances shall be introduced as amendments to existing ordinances or sections thereof; provided, however, this subsection shall not prevent the adoption by ordinance of a Code of Ordinances or other code by reference,without enumerating the detailed subjects in the title. (d) Emergency legislation. Notwithstanding any provision of subsections(a), (b) or(c) of this section to the contrary, any ordinance designed to meet the requirements of an emergency situation in which time is of the essence may be introduced and passed on the same day, with or without three (3) readings in full and with or without approval of any department head; provided,that such ordinance shall contain a concise statement of the conditions which constitute the emergency and a concise statement of the purposes of such ordinance; and provided further, that any such ordinance shall require, for passage,the affirmative vote of two-thirds ( 2/3 ) of the members of council present, and all votes shall be upon roll call and entered in the journal or minutes of the council. Emergency ordinances shall expire automatically as of the sixty-first day following the date of enactment. (Code 1970, § 2-25; Ord. of 9-17-74) State Law reference—Acts required to be done by ordinance, Code 1976, § 5-7-260; adoption of codes by ordinance, § 5-7-280; establishment of ordinance procedure by ordinance, § 5-7-270; codification of ordinances by ordinance, § 5-7-290; selling, etc., of real or mixed property by ordinance, § 5-7-40; zoning regulations by ordinance, § 5-23-10; providing for civil service commission by ordinance, § 5-19-110; ordinances required as to elections, § 5-15-70; providing upkeep of property by ordinance, § 5-7-80; expiration of emergency ordinances, § 5-7-250(d); quorum, § 5-7-160; proof of ordinance of municipality, § 19-3-10. Sec. 2-38.-Agenda. All reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the council shall, at least forty-eight(48) hours prior to each council meeting, be delivered to the city clerk, whereupon the city clerk shall immediately arrange a list of such matters according to the order of business and furnish each member of the council,the mayor and the city attorney with a copy thereof prior to the council meeting and as far in advance of the meeting as time for preparation will permit. (Code 1970, § 2-36) State Law reference— Posting of agenda required, Code 1976, §30-4-80(a). CITY OF NORTH AUGUSTA KELLY F. ZIER CrrY ATTORNEY 602 WEST AVENUE NORTH AUGUSTA, SC 29841 Post Office Box 6516 kzier@northaugusta.net (803)279-5998 Office North Augusta,SC 29861 (803)2784586 Facsimile January 2, 2020 Mayor, Council and City Administrator DELIVERED BY WAY OF COUNCIL PACKET- RE: SUGGESTED REVISIONS TO CITY ORDINANCES RELATED TO PREPARATION OF ORDINANCES AND SETTING AND PREPARING AGENDA Dear All: I have further reviewed the comments received at the recent study session related to the above matters. Based upon that review as well as a review of the current Ordinances related to these topics, I believe that the two attached proposed revisions to the Code address the expressed concerns. As I suggested at the study session, although this conversation began related to preparation of Ordinances I am of the opinion that it might be more involved with the setting of the meeting agendas. As we have discussed, prior to 2015 there was no specific, statutory requirement that formal agendas be prepared and published related to regularly scheduled meetings of Council. Actually, no agenda requirement existed for special called meetings, but impliedly, an agenda was required, due to the fact that only publicly announced, in advance, action could be taken at a special called meeting. As I have previously advised, the 2015 legislative requirement, as a result of a change to the Freedom of Information Act, greatly impacts the authority of Council to go about the business of the City. Prior to 2015, any Council Member could make a motion related to any matter involving the Governing or operation of the City, without any advance notification to the public. The only exceptions were very specific matters that required public hearings or, for one example, were I establishing a fine, etc. Being aware of that, I would conclude that the terminology as set forth in the current ordinance requiring a majority vote of Council to have an I Ordinance prepared was considering the fact that such motion could be made by a i member of Council at any regularly scheduled meeting and if a majority vote resulted, the Ordinance could be prepared. I am of the opinion that the two proposed Ordinances, that are included with this letter respond to your concerns. hi addition, I have suggested to the City Administrator that we consider adding two additional topics to each regularly scheduled Council meeting agenda. Rachael and I discussed the terminology and determined the topics: Staff Administrator's Report and Council Inquiries and Directives. The reasoning behind adding these two additional sections is to allow Council discussion and action, without any concern, as to matters outside of the agenda, being discussed and acted upon. I look forward to your comments related to this information. With kind regards, I am, Verkomey Kell City KFZ:pI ORDINANCE NO. 2020- ORDINANCE TO AMEND SECTION 2-33, ENTITLED ORDINANCES, RESOLUTIONS MOTIONS AND CONTRACTS —PROCEDURE WHEREAS, Section 2-33 provides the procedure for preparing Ordinances and Resolutions for presentment to Mayor and City Council; and, WHEREAS, the procedure as set forth in the existing Ordinance has been in affect, with virtually no change since at least 1956; and, WHEREAS, since that time the operation of City Government has had some changes, to include the establishing of the position of City Administrator; and, WHEREAS, There have also been changes made in State Law that have impact on the manner in which Council operates; and, WHEREAS, Council has determined that it would be appropriate and in the best interest of the citizens that such procedure be updated. 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. Section 2-33, entitled ORDINANCES, RESOLUTIONS, MOTIONS AND CONTRACTS-PROCEDURE is hereby amended by deleting the entire section as currently drawn and inserting in its place the following, so that such Ordinance, when revised, would read as follows: (A) PREPARATION OF ORDINANCES All Ordinances shall be prepared by or under the supervision of the City Attorney. No Ordinance shall be prepared for presentation to Council unless requested in writing by the Mayor or the City Administrator or a minimum of two(2)Council members or prepared by the City Attorney on such attorney's own initiative. (B)PRIOR REVIEW BY ADMINISTRATIVE STAFF All Ordinances, Resolutions and Contract documents shall, before presentation to the Council have been approved as to form and legality by the City Attorney or such attorneys authorized representative, and i shall have been examined and approved by the City Administrator. I All such instruments shall also have been referred to the head of the department under whose jurisdiction the administration of the subject matter of the Ordinance, Resolution or Contract document would devolve. If such department head objects to the document,notification of such objection shall be provided, in writing to the City Administrator. As a result of such objection, the City Administrator can direct that the Ordinance, Resolution etc. be redrafted to satisfy the objection of the department head or present the document as initially prepared. If any Ordinance, Resolution, Contract or other document to be presented to Council is objected to by a department head, Council shall be provided with the written objection of such department head. i (C)INTRODUCING FOR PASSAGE OR APPROVAL I 1. Every proposed Ordinance shall be introduced in writing and in the form required for final adoption 2. All Ordinances shall have two (2) separate readings. 1 No Ordinance shall have the force of law until it shall have been read two (2)times on two (2) separate days with at least six(6) days between each reading. 4. No Ordinance shall relate to more than one (1) subject, what shall be clearly expressed in its title and no Ordinance, or section thereof, shall be amended or repealed unless the new Ordinance contains the title of the Ordinance or section amended or repealed, and when practicable all Ordinances shall be introduced as amendments to existing Ordinances or sections thereof, provided, however, this section shall not prevent the adoption by Ordinance of a Code of Ordinances or other Code by reference, without enumerating the detailed subjects and the title. (D)EMERGENCY LEGISLATION Notwithstanding any provision of Subsections (A), (B) or (C) of this section to the contrary, to meet public emergences affecting life health safety or the property of the people, Council may adopt emergency Ordinances, But such Ordinances shall not levy taxes, grant, renew or extend a franchise or impose or charge a service rate. Every emergency Ordinance shall be enacted by the affirmative vote of at least two-thirds (2/3) of the members of Council present. An emergency Ordinance is effective immediately upon its enactment without regard to any reading, public hearing, publication requirements or public notice requirements. Emergency Ordinances shall expire automatically as of the 61m day following the date of enactment. II. All Ordinances or parts of Ordinances in conflict herewith or,to the extent of such conflict, hereby repealed. III. 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 2020. First Reading: Second Reading: ROBERT A.PETTTr,MAYOR Third Reading: ATTEST: SHARON LAMAR,CITY CLERK ORDINANCE NO. 2020- AN ORDINANCE TO AMEND SECTION 2-38 AGENDA WHEREAS, Section 2-38 of the City Code provides for matters related to the preparation and publication of the Agenda for Council meetings; and, WHEREAS, this Section was codified, at least as early as 1956 with some minor revisions since then to establish its present form; and, WHEREAS, prior to 2015 State Law did not require agendas for Council Meetings but a 2015 Amendment to Section 30-4-80 of the Code of Laws for the State of South Carolina now requires agendas; and, WHEREAS, Mayor and City Council believe that it is appropriate to address the matter at this time and revise this Ordinance concerning the preparation of agendas; and, WHEREAS, the Mayor and City Council believe that the deletion of the current Section 2-38 in its entirety and replacement of same with a revised version is appropriate. 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. Section 2-38, entitled AGENDA is hereby amended by deleting the entire section as currently drawn and inserting in its place the following, so that such Ordinance, when revised, would read as follows: SECTION 2-38 AGENDA (A)An agenda shall be prepared for all regularly scheduled or special meetings of the City Council. Said agenda must be posted on a bulletin board in a public accessible place at the office or meeting place of the City Council and on the City Website,at least twenty-four (24) hours prior to such meetings. Once such agenda for a regular, called, special, or re-scheduled meeting is posted pursuant to this Ordinance,no items may be added to the agenda without an additional twenty-four (24) hours' notice to the public, which must be made in the same manner as the original posting. After the meeting begins, an item upon which action can be taken only may be added to the agenda by 2/3 vote of the members present and voting; however, if the item is one upon which final action can be taken at the meeting or if the item is one in which there has not been and will not be an opportunity for public comment with prior notice given in accordance with this Section, it only may be added to the agenda by 2/3 vote of the members present and voting and upon a finding by the body that an emergency or exigent circumstance exists, if the item is not added to the agenda. (B)The agenda shall be prepared by the City Clerk pursuant to direction by the Mayor, City Administrator or Council as provided hereafter. All reports, communications, Ordinances, resolutions, contract documents, or other matters to be submitted to the Council shall be delivered to the City Clerk. For regular Council meetings that are currently scheduled on Mondays, the documents should be delivered to the Clerk no later than 5:00 pm on the Wednesday prior to the Monday meeting. Documents received after such time may be included on the agenda if approved by the City Administrator. Delivery of documentation for items to be placed on a special called meeting would be on a time schedule as established by the City Administrator. (C)In order for an item to be placed on an agenda, either for a regular or a special called meeting, authorization for placement on the agenda would need to be made by the Mayor, City Administrator or any two (2)Council Members. Such authorization would need to be in written form. An e-mail authorization would be considered written. (D)Upon receipt of materials and authorization for the preparation of the agenda,the City Clerk shall immediately arrange a list of such matters according to the order of business and furnish each member of the Council, the Mayor, City Administrator and the City Attorney with a copy thereof prior to the Council meeting. Such delivery should be as far in advance of the meeting as time for preparation will permit. II. All Ordinances or parts of Ordinances in conflict herewith or,to the extent of such conflict, hereby repealed. III. 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 2020, First Reading: Second Reading: ROBERT A.PETTIT,MAYOR Third Reading: ATTEST: SHARON LAMAR, CITY CLERK