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MINUTES OF JULY 2, 2012
Lark W. Jones, Mayor
James M. Adams, Jr., Councilmember
Carolyn C. Baggott, Councilmember
Pat C. Carpenter, Councilmember
Kenneth J. McDowell, Councilmember
Arthur K Shealy, Councilmember
Jason M. Whinghter, Councilmember
ORDER OF BUSINESS
REGULAR MEETING
The regular meeting of July 2, 2012, having been duly publicized, was called to order by Mayor
Jones at 7:00 p.m. Mayor Jones read the Declaration of Independence and led in the Pledge of
Allegiance.
Members present were Mayor Jones and Councilmembers Adams, Baggott, Carpenter, Shealy,
McDowell, and Whinghter.
Also in attendance were B. Todd Glover, City Administrator; Kelly F. Zier, City Attorney; John
P. Potter, Jr., Director of Finance; Richard L. Meyer, Interim Director of Parks, Recreation, and
Leisure Services; Scott L. Sterling, Interim Director of Planning and Economic Development;
John C. Thomas, Director of Public Safety; Thomas C. Zeaser, Director of Engineering and
Public Works; James E. Sutton, Deputy Director of Public Services; Diana H. Miller, Manager
of Human Resources; and Donna B. Young, City Clerk.
Minutes of Regular Meeting of 7/02/12
The minutes of the regular and study session meetings of June 18, 2012, were approved by
general consent.
ITEM 1 ELECTION: Calling For A Referendum Pursuant To Section 61-6-2010 Of
The Code Of Laws For The State Of South Carolina Entitled: Temporary
Permits Upon Referendum Vote—Ordinance, First Reading
On motion by Councilmember Whinghter, second by Mayor Jones, Council
passed an ordinance on first reading calling for a referendum pursuant to Section
61-6-2010 of the Code of Laws for the State of South Carolina entitled:
Temporary Permits upon Referendum Vote. This ordinance is requesting that the
referendum question as set forth pursuant to said section and identified as 61-6-
2010 (C) (1) (B) be submitted to the voters for the City of North Augusta at the
County General Election to be held on the first Tuesday following the first
Monday in November 2012. Voting for the ordinance on first reading were:
Mayor Jones and Councilmembers Adams, Baggott, Carpenter, McDowell, and
Whinghter. Voting against the motion on first reading was Councilmember
Shealy. Councilmember Carpenter wanted the record to show that she was not
pushing alcohol sales, but as a representative of the citizens of North Augusta,
she felt that they should have the opportunity to vote on this issue. The
ordinance passed with a 6/1 vote.
The ordinance text is as follows:
ORDINANCE NO. 2012- 11
CALLING FOR A REFERENDUM PURSUANT TO SECTION 61-6-2010 OF THE CODE
OF LAWS FOR THE STATE OF SOUTH CAROLINA ENTITLED: TEMPORARY
PERMITS UPON REFERENDUM VOTE. THIS ORDINANCE IS REQUESTING THAT
THE REFERENDUM QUESTION AS SET FORTH PURSUANT TO SAID SECTION AND
IDENTIFIED AS 61-6-2010 (C)(1)(B) BE SUBMITTED TO THE VOTERS FOR THE CITY
OF NORTH AUGUSTA AT THE COUNTY GENERAL ELECTION TO BE HELD ON THE
FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER 2012
WHEREAS, the South Carolina Code of Laws provides a procedure whereby a
municipal governing body by ordinance may call for a referendum related to the issuance of
temporary permits by the South Carolina Department of Revenue related to the sale of alcoholic
liquors and beer and wine, under certain conditions, not to exceed 24 hours; and
WHEREAS, the Chamber of Commerce for the City of North Augusta, North Augusta
2000 as well as other individual members of the community have requested that the City
Council authorize such referendum; and
WHEREAS, the Mayor and City Council believe that it is appropriate to allow the
citizens to have the right to vote for the purpose of deciding this issue in accordance with the
laws of the State of South Carolina; and
Minutes of Regular Meeting of 7/02/12
WHEREAS, the Mayor and City Council believe that a referendum to be held at the
November 2012, County General Election would result in the greatest number of persons taking
part in making this decision, as opposed to holding the election in April of 2013.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of
North Augusta, State of South Carolina, in meeting duly assembled and by the authority thereof,
that:
1. It is hereby directed that a referendum on the question of temporary permits to allow the
possession, sale and consumption of alcoholic liquors by the drink for on-premises
consumption and the sale of beer and wine at permitted off-premises locations be
authorized.
2. The referendum on this issue be held on the first Tuesday following the first Monday in
November, 2012 at the County General Election.
3. The specific question to be placed before the voters to be decided be as follows:
"Shall the South Carolina Department of Revenue be authorized to issue
temporary permits in the City of North Augusta for a period not to exceed 24
hours to allow the possession, sale and consumption of alcoholic liquors by the
drink to bonafide non-profit organizations and business establishments
authorized to be licensed for consumption-on-premises sales and to allow the sale
of beer and wine at permitted off-premises locations without regard to the days or
hours of sales?"
4. The City shall enter into an agreement with the County of Aiken and/or the County
Election Commission to allow for the referendum to be conducted by the County
Election Commission. The City Administrator is hereby authorized to execute such
documents as may be necessary to enter into the required agreement.
5. The City Clerk is to, upon the passage of this ordinance, provide a copy of same to the
County Election Commission in accordance with Section 7-13-355, South Carolina Code
of Laws as amended.
6. 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
2012.
ITEM 2. ELECTION: Calling For A Referendum Pursuant To Section 61-6-2010 Of
The Code Of Laws For The State Of South Carolina Entitled: Temporary
Permits Upon Referendum Vote—Ordinance, Second Reading
On motion by Mayor Jones, second by Councilmember Adams, Council passed
an ordinance on second reading calling for a referendum pursuant to Section 61-
6-2010 of the Code of Laws for the State of South Carolina entitled: Temporary
Minutes of Regular Meeting of 7/02/12
Permits upon Referendum Vote. This ordinance is requesting that the
referendum question as set forth pursuant to said section and identified as 61-6-
2010 (C) (1) (B) be submitted to the voters for the City of North Augusta at the
County General Election to be held on the first Tuesday following the first
Monday in November 2012. Voting for the ordinance on second reading were:
Mayor Jones and Councilmembers Adams, Baggott, Carpenter, McDowell, and
Whinghter. Voting against the motion on second reading was Councilmember
Shealy. Councilmember Carpenter wanted the record to show that she was not
pushing alcohol sales, but as a representative of the citizens of North Augusta,
she felt that they should have the opportunity to vote on this issue. The
ordinance passed with a 6/1 vote.
Please see Item no. 1 above for the proposed ordinance text.
There being no further business, Council adjourned.
4361
APPRC 4 THIS tL DAY OF Respectfully submitted,
� , 2012. p
Donna B. Young
Mayor Lark W. Jones City Clerk