010620 Study Session Mins North �
Augusta �
South Carolina's Riuerfront
MINUTES OF JANUARY 6. 2020
Robert A. Pettit, Mayor
J Robert Brooks, Councilmember
Pat C. Carpenter, Councilmember
Fletcher L. Dickert, Councilmember
David W. McGhee, Councilmember
Eric FL Presnell, Councilmember
Kevin W. Toole, Councilmember
ORDER OF BUSINESS
STUDY SESSION
The study session for the City Council meeting of the City of North Augusta of January 6, 2020,
having been duly publicized, was called to order by Mayor Pettit at 6:03 p.m. in the Council
Conference room on the third floor of the Municipal Center and recessed at 6:58 p.m.to move into
Council Chambers for the City Council Regular Meeting. Following the Council meeting, Study
Session re-convened at 8:19 p.m. The Study Session concluded at 9:27 p.m.
Per Section 30-4-80(e) notice of the meetings 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 meetings 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.
Members present were Mayor Pettit, Councilmembers Brooks, Carpenter, Dickert, McGhee,
Presnell, and Toole.
Also in attendance were Rachelle Moody, Interim City Administrator; Kelly F. Zier, City
Attorney; Richard E. Meyer, Director of Parks, Recreation, and Tourism, Cammie T. Hayes,
Director of Finance and General Services;John C. Thomas, Director of Public Safety; Thomas C.
Zeaser, Director of Engineering 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 members of the public and the media were
also in attendance. -
Minutes of Study Session of January 6,2020
ITEM 1 CITY COUNCIL AGENDA: Items on the January 6,2020 Council
Agenda- Council Discussion
Interim City Administrator, Rachelle Moody, led Council's discussion of the January 6, 2020
meeting agenda.
ITEM 2 PUBLIC SERVICES: Materials Recovery Facilities Recycling Video —
Council Update
Due to technical difficulties with the projector, Council was unable to view the MRF Recycling
Video. Rachelle Moody, Interim City Administrator, referred Council to the City website for
access to the video at another time.
ITEM 3. ECONOMIC DEVELOPMENT: Riverside Village Parking! — Council
Update
Rachelle Moody, Interim City Administrator, updated Council on the current status and trends of
Riverside Village parking. After Council discussion, the consensus was to continue to monitor
pattems before making any adjustments.
Please see ATTACHMENT#3 for a copy of Ms. Moody's handout to Council.
At 6:58 p.m. on motion of Councilmember Toole, second of Councilmember Presnell, Council
agreed to recess the Study Session to reconvene after the regular City Council meeting.
Council reconvened the Study Session at 8:19 p.m.
ITEM 4. CODE OF ORDINANCES: Section 2-33 and Section 2-38 —Council
Discussion
Kelly Zier,City Attorney,discussed revisions to the City Cod of Ordinances related to preparation
of ordinances and setting and preparing an agenda.
Please see ATTACHMENT#4 for a copy of the proposed ordinances that were discussed.
ITEM 5. LEGAL: Executive Session—Request of the City Attorney
On motion of Councilmember McGhee,second of Councilmember Toole, Council agreed to enter
Executive Session to discuss a personnel matter. Rachelle Moody, Interim City Administrator;
Kelly Zier, City Attorney; John Thomas, Director of Public Safety; JD McCauley, Manager of
Human Resources; and Sharon Lamar, City Clerk; were also in attendance.
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
Minutes of Study Session of January 6,2020
On motion of Councilmember McGhee, second of Councilmember Presnell, Council adjourned
the Executive Session at 9:27 p.m. Upon returning to open session, council did not take action
on matters discussed in Executive Session.
The Study Session concluded at 9:27 p.m.
APPROVED THIS 3RD DAY OF Respectfully submitted,
FEBRUARY, 2020.
Sharon Lamar
Robert A. Pettit, Mayor City Clerk
ATTACHMENT #3 1/6/2020
Getting Around Riverside Village
Car:rwa- y mads,60-Parking spaces,ride share drop/lead/ng areas
All travel modes are Ped .W.waSidewalks,marked crosswalks,plaza,Greeneway,access
encouraged and
welcome Goff UK:Parmilted on rands;designated street and garage pocking
akycle:flacks,partway;Floods,Greenaway aaesz
Standard Parking Options and Fees(visitors)
p street Parkin ffnow before you go...
�I Shertterm parking available on street,Pay with coin or card at . graying bts are privately
miter drvla Pork
Smarter app: owned,masked and towing
• 700 a.m.-2:00 p.m.—no parking hadmtidns is enforced
• 2 W—10:00 p.m.—payment required:$1 per houp 2 hour mar
• 12A0 a.m.-7:o0 a.m.—no street parking allowed
harge
Ganes Parkin non standard
may ghee
P on-rtandaM parkingfees
Short and long term parking available In M1a[el parking garage.Pay
at gase
•••• withPublic Safety officam patrol rol
two hours FREE Riverside Wage
and are
Thirdhour
—$3 - lfoaistnce
For hour and beyond—$1 per hour 803-279-2121$10ruoaper
day Nossh��y�y �
Au ushl`�
Parking Meter Usage
• Revenues & Citations
rs $13,328 revenue from parking meters`
0 374 parking citations issued (since 10/1/19)
• Parking payment options:
o Coin or card at meter
o Smartphone app— Park Smarter
• Citation payment options:
o Online: northauzusta.citationoortal.com
• Citations may be contested
• Bench trials may be requested
rs In person at Municipal Court
o Mail
*Excludes current cash in meter
1
1/a/2o2o
Future Items
• Replacement of damaged meters
• Revision of citation payment ordinance (Chapter 22
Section 13 — Parking Violation Fines)
o Add language regarding fines doubling
o Increase minimum days to pay from 3
• Check-in meeting with Riverside Village businesses
• Review of parking zones for:
o Loading
o Media
o Short term temporary
Useful Websites
• How to use the parking meter:
https://vimeo.com/99759831
• How to use the parking payment app:
https://www.parksmarter.com/
• Public Parking in North Augusta:
https://www.northaugusta.net/publicparking
2
iTTACHMENT #4
F NORTH AUGUSTA
KELLY F.ZIER
CITY ATTORNEY
602 WEST AVENUE
TH AUGUSTA, SC 29841
(803)279-5998 Offce�nile
a �gusf2.net (803)278-4586
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ATTACHMENT #4
CITY OF NORTH AUGUSTA
KELLY F.ZIER
CrrY ATTORNEY
602 WEST AVENUE
NORrH AUGUSTA, SC 29841
Post Office Box 6516 kner@northaugusta.net (803)279-5998 Office
North Augusta,SC 29861 (803)2784586 Facsimile
ianuary 2, 2020
Mayor, Council and City Administrator
DELIVERED BYWAY 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
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
Ordinance prepared was considering the fact that such motion could be made by a
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. In 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:pl
1,
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,
I
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:
L 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
shall have been examined and approved by the City Administrator.
l
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.
(C)INTRODUCING FOR PASSAGE OR APPROVAL
1. Every proposed Ordinance shall be introduced in writing and
in the form required for final adoption
All Ordinances shall have two (2) separate readings.
3. 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 61' 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.
M. 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
-DAYOF 12020.
First Reading:
Second Reading: ROBERT A.PRTTIT,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 foam; and,
WHEREAS, prior to 2015 State Law did not require agendas for Council
Meetings but a 2015 Amendment to Section 304-80 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
j 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
special called meeting, authorization for placement on the agenda
Ltu" 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
k \r�cktyes agenda, e shall
ccording to thorderlerk and furtely nish h
a list of such matters
aeach member of the
^krp 'Q Council, the Mayor, City Administrator and the City Attorney with a
S copy thereof prior to the Council meeting. Such delivery should be as
60' 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.PEmT,MAYOR
Third Reading: ATTEST:
SHARON LAMAR,CTTY CLERK