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MINUTES OF SEPTEMBER 18, 2017
Robert A. Pettit, Mayor
James M Adams, Jr., Councilmember
J Robert Brooks, Councilmember
Pat C. Carpenter, Councilmember
Fletcher L. Dickert, Councilmember
Kenneth I McDowell, Councilmember
David W. McGhee, Councilmember
ORDER OF BUSINESS
PUBLIC HEARING
ITEM 1. STREETS AND DRAINS: Ordinance No. 2017-12 — Abandoning a Platted,
but Unopened, Unimproved Right-of-Way
Located North of Five Notch Road and West of
Georgia Avenue in the City of North Augusta
The public hearing of September 18, 2017, having been duly publicized, was
called to order by Mayor Pettit at 7:00 p.m. and adjourned at 7:11 p.m.
The purpose of the Public Hearing was to receive public comments on a proposed
ordinance that would abandon a platted, but unopened, unimproved right-of-way
within the City.
The specific property is described as follows:
A ±30 foot undeveloped road commencing at a point±233.52 feet north of
the intersection of Five Notch Road and Georgia Avenue, extending
westward a distance of±200 feet. Said property is identified as a ±30 foot
undeveloped road on a plat of K. L. Wise, surveyor, dated August 20,
Minutes of Public Hearings and Regular Meeting of 09/18/17
1970. Said strip of land is also shown on a plat prepared for Joseph
Vignati by Carr and Associates dated December 30, 2016 and recorded in
the Office of the RMC for Aiken County, South Carolina in Plat Book 60
at Page 6. Said undeveloped roadway has a width of ±30 feet for a
majority of its length. However, the width is reduced in a tapering
manner for the final±46 feet.
Members present were Mayor Pettit and Councilmembers Adams, Brooks.
Carpenter, Dickert, McDowell, and McGhee.
Also in attendance were B. Todd Glover, City Administrator; Cammie T. Hayes,
Director of Finance; Richard L. Meyer, Director of Parks, Recreation, & Tourism;
Amanda J. Sievers, Interim Director of Planning and Development; John C.
Thomas, Director of Public Safety; Thomas C. Zeaser, Director of Engineering
and Public Works; James E. Sutton, Director of Public Services; Diana H. Miller,
Manager of Human Resources; and Donna B. Young, City Clerk.
Comments were made by the following individuals:
John Gleason, 260 Walnut Lane, North Augusta, SC
(Mr. Gleason was speaking on behalf of Lois Marable who owns property located
at 1846 Georgia Avenue and was concerned if this would impact her property.)
Charles Chason, 2 Sedgewood Court, North Augusta, SC
(Mr. Chason gave his clarification of the division of the property.)
Louise Forrest Williams, 424 Port Chester Drive, Columbia, SC
(Ms. Williams expressed concerns regarding the division of the abandoned
property and how it would affect her property).
Mayor Pettit advised these individuals that any dispute over the division of the
abandoned property would have to be done in the courts as a civil matter.
The meeting was adjourned at 7:11 p.m.
ITEM 2. STREETS AND DRAINS: Ordinance No. 2017-13 — Abandoning a
Platted, but Unimproved Right-of-Way Shown
on a Plat of the Mealing Estate Dated
December, 1941 in the City of North Augusta
The public hearing of September 18, 2017, having been duly publicized, was
called to order by Mayor Pettit at 7:12 p.m. and adjourned at 7:15 p.m.
The purpose of the Public Hearing was to receive public comments on a proposed
ordinance that would abandon a platted, but unopened, unimproved right-of-way
within the City.
Minutes of Public Hearings and Regular Meeting of 09/18/17
The specific property is described as follows:
An unnamed strip of land between Lots 5 & 6 of Block A on a plat of the
Mealing Estate by Walton Flythe, C.E., dated December, 1941, and
recorded in the RMC Office for Aiken County, in Misc. Book 22 at Page
131. Said strip, while not named as such, appears to have been reserved
as a possible extension of Atlantis Avenue shown on said plat. Said strip is
+60 feet in width and runs a total distance of+375 feet. Said strip of land
extends from Clay Avenue to W. Martintown Road.
Members present were Mayor Pettit and Councilmembers Adams, Brooks.
Carpenter, Dickert, McDowell, and McGhee.
Also in attendance were B. Todd Glover, City Administrator; Cammie T. Hayes,
Director of Finance; Richard L. Meyer, Director of Parks, Recreation, & Tourism;
Amanda J. Sievers, Interim Director of Planning and Development; John C.
Thomas, Director of Public Safety; Thomas C. Zeaser, Director of Engineering
and Public Works; James E. Sutton, Director of Public Services; Diana H. Miller,
Manager of Human Resources; and Donna B. Young, City Clerk.
Comments were made by the following individuals:
Lark W. Jones, 629 Stanton Drive, North Augusta, SC
(Mr. Jones expressed that the reason for this abandonment request was because it
was necessary for the legal procedure to clean up the title to the property where
single family homes are planned to be developed.
The meeting was adjourned at 7:15 p.m.
ORDER OF BUSINESS
REGULAR MEETING
The regular meeting of September 18, 2017, having been duly publicized, was called to order by
Mayor Pettit at 7:16 p.m. and adjourned at 7:55 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 at both meetings were Mayor Pettit and Councilmembers Adams, Brooks,
Carpenter, Dickert McDowell, and McGhee.
Also in attendance were B. Todd Glover, City Administrator; Cammie T. Hayes, Director of
Finance; Richard L. Meyer, Director of Parks, Recreation, & Tourism; Amanda J. Sievers,
Minutes of Public Hearings and Regular Meeting of 09/18/17
Interim Director of Planning and Development; John C. Thomas, Director of Public Safety;
Thomas C. Zeaser, Director of Engineering and Public Works; James E. Sutton, Director of
Public Services; Diana H. Miller, Manager of Human Resources; and Donna B. Young, City
Clerk.
The minutes of the regular and study session meetings of August 21, 2017 and the Special Called
meeting of September 5, 2017 were approved by general consent.
ITEM 1. CITY COUNCIL: Unveiling of Portrait of Mayor Lark W. Jones to be
added to Hall of Mayors
Mayor Pettit honored former Mayor Lark W. Jones with the unveiling of his
portrait to the Hall of Mayors.
ITEM 2. CITY CODE: Amending Section 16-76 of the Code of Laws for the
City of North Augusta — Ordinance 2017-09, Third and
Final Reading
On motion by Councilmember McDowell, second by Councilmember Brooks,
Council unanimously adopted an ordinance on third and final reading amending
Section 16-76 of the Code of Laws for the City of North Augusta.
Please see the minutes of August 21, 2017 meeting for the ordinance text.
ITEM 3. CITY CODE: Ordinance No. 2017-11 — An Ordinance Amending Section
4.1 Consumption in Public of the Code of Laws for the City
of North Augusta —First Reading
On motion by Councilmember McGhee, second by Councilmember Carpenter,
Council unanimously passed an ordinance on first reading amending Section 4.1
Consumption in Public of the Code of Laws for the City of North Augusta.
The ordinance text is as follows:
ORDINANCE NO. 2017-11
AN ORDINANCE AMENDING SECTION 4-1 CONSUMPTION IN PUBLIC OF THE CODE OF
ORDINANCES FOR THE CITY OF NORTH AUGUSTA
WHEREAS, Section 4-1 of the City Code relates to consumption, use, etc. of alcoholic
beverages in public areas of the City; and,
WHEREAS, the Ordinance as previously written was prior to City sponsored festivals, as
well as other activities within the City; and,
WHEREAS, the Mayor and City Council have made a determination that it is appropriate
to update such Ordinance to address these new activities within the City while still protecting the interest
of the public.
Minutes of Public Hearings and Regular Meeting of 09/18/17
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. Section 4-1 of the Municipal Code for the City of North Augusta is hereby
deleted in its entirety and replaced with the following:
Sec. 4-1. Consumption of Alcoholic Beverages in Public
It shall be unlawful for any person, in a public place, within the corporate
limits of the City, to publicly engage in the drinking of intoxicating liquors, beer,
ale, porter, wine, or any other similar malt or fermented beverage. This
restriction does not apply to any public place licensed for the sale and
consumption of alcoholic beverages by the State of South Carolina.
The City Administrator may, at his/her discretion, grant a permit for the
consumption of alcoholic beverages in public places, during special events and
celebrations sponsored in whole, or in part, by the City. Such permit would be in
written form and specify the times and areas, when and where alcoholic
beverages may be possessed and consumed. In addition, the Administrator is
authorized to provide such other restrictions, regulations or requirements deemed
appropriate to protect the interest of the public when granting a permit.
All other Ordinances or parts of Ordinances in conflict herewith are, to the extent of such
conflict, are hereby repealed.
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 SEPTEMBER,2017.
ITEM 4. CITY CODE: Ordinance No. 2017-11 — An Ordinance Amending Section
4.1 Consumption in Public of the Code of Laws for the City
of North Augusta— Second Reading
On motion by Councilmember Dickert, second by Councilmember McGhee,
Council unanimously passed an ordinance on second reading amending Section
4.1 Consumption in Public of the Code of Laws for the City of North Augusta.
Please see Item number 3 above for the ordinance text.
ITEM 5: COMMUNITY PROMOTION: Constitution Week — September 17 — 23,
2017—Proclamation
In cooperation with the Martintown Road Chapter of the D.A.R. Mayor Pettit
proclaimed the week of September 17 - 23, 2017, as Constitution Week in the
City of North Augusta.
The proclamation text is as follows:
Minutes of Public Hearings and Regular Meeting of 09/18/17
North , City of fVorth Augusta, South
Augusta Carolina
South Carolina's Riuerfront
PROCLAMATION
WHEREAS, our Founding Fathers, including South Carolinians, Pierce Butler,
Charles Pinckney, John Rutledge, and Charles Cotesworth Pinckney, risked their fortunes, and
some even their lives, to secure the blessings of liberty for themselves and their posterity, did
ordain and establish a Constitution for the United States of and
WHEREAS, September 17, 2017, marks the two hundred and thirtieth
anniversary of the drafting of the Constitution of the United States by the Constitutional
Convention; and
WHEREAS, the anniversary of the signing of the Constitution provides an
historic opportunity for all Americans to learn about and recall the achievements of our
Founders, and to reflect on the rights and privileges of citizenship as well as its attendant
responsibilities; and
WHEREAS, the independence guaranteed to the American people by the
Constitution should be celebrated by appropriate ceremonies and activities during Constitution
Week, September 17 through 23, 2017, as designated by proclamation of the President of the
United States ofAmerica in accordance with Public Law 915.
NOW THEREFORE, I, Robert A. Pettit, Mayor of the City of North Augusta,
South Carolina, do hereby proclaim September 17- 23, 2017, as
CONSTITUTION WEEK
in the City of North Augusta, South Carolina, and urge all our citizens to reflect during that
week on the many benefits of our Federal Constitution and the privileges and responsibilities of
American citizenship.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of
the City of North Augusta, South Carolina, to be affixed this 18th day of September, 2017.
ITEM 6. STREETS AND DRAINS: Ordinance No. 2017-12 — Abandoning a Platted,
but Unopened, Unimproved Right-of-Way
Located North of Five Notch Road and West of
Georgia Avenue in the City of North Augusta —
Receipt of Planning Commission
Recommendation
Minutes of Public Hearings and Regular Meeting of 09/18/17
On motion by Councilmember Carpenter, second by Councilmember McDowell,
Council unanimously received the Planning Commission's unanimous
recommendation from the August 17, 2017 Planning Commission Meeting to
recommend the request to abandon a section of unimproved roadway located in
the vicinity of Georgia Avenue and Five Notch Road, and recommended that the
City Council adopt an ordinance approving the abandonment.
ITEM 7. STREETS AND DRAINS: Ordinance No. 2017-12 — Abandoning a Platted,
but Unopened, Unimproved Right-of-Way
Located North of Five Notch Road and West of
Georgia Avenue in the City of North Augusta —
First Reading
On motion by Councilmember Dickert, second by Councilmember Brooks,
Council unanimously passed an ordinance on first reading to abandon a platted,
but unopened, unimproved right-of-way located North of Five Notch Road and
West of Georgia Avenue in the City of North Augusta.
The ordinance text is as follows:
ORDINANCE NO. 2017-12
ABANDONING A PLATTED, BUT UNOPENED, UNIMPROVED RIGHT-OF-
WAY
LOCATED NORTH OF FIVE NOTCH ROAD AND WEST OF GEORGIA
AVENUE IN THE CITY OF NORTH AUGUSTA
WHEREAS, At its regularly scheduled meeting of August 17, 2017, the
North Augusta Planning Commission considered the request of Joe Vignati for
the City to abandon a section of a platted but unopened and unimproved road
right-of-way adjoining his property; and
WHEREAS, the right-of-way requested to be abandoned is described as
follows:
A ±30 foot undeveloped road commencing at a point±233.52 feet north of
the intersection of Five Notch Road and Georgia Avenue, extending
westward a distance of±200 feet. Said property is identified as a±30 foot
undeveloped road on a plat of K. L. Wise, surveyor, dated August 20,
1970. Said strip of land is also shown on a plat prepared for Joseph
Vignati by Carr and Associates dated December 30, 2016 and recorded in
the Office of the RMC for Aiken County, South Carolina in Plat Book 60
at Page 6. Said undeveloped roadway has a width of ±30 feet for a
majority of its length. However, the width is reduced in a tapering manner
for approximately the final ±46 feet; and
WHEREAS, The Planning Commission, after reviewing the request,
determined that the subject right-of-way has never been opened, never named and
Minutes of Public Hearings and Regular Meeting of 09/18/17
never used as access to adjoining properties; that the right-of-way has never been
maintained by the City; that the right-of-way did not have a tax parcel number nor
was anyone paying taxes thereon; and that the road abandonment would not
conflict with the City's Comprehensive Plan. Therefore, abandonment of the road
right-of-way would be appropriate; and
WHEREAS, following their review, the Planning Commission
unanimously recommended to the City Council that the subject right-of-way be
abandoned; and
WHEREAS, City Council held a duly advertised public hearing on the
requested abandonment on September 18, 2017 for the purpose of receiving
public input on the requested abandonment; and
WHEREAS, following consideration of the recommendation from the
Planning Commission and any input received at the public hearing, Mayor and
Council have determined that it is appropriate that the City abandon any interest
in the identified road right- of- way.
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City
Council in meeting duly assembled and by the authority thereof that the section of
platted but unopened and unnamed road right-of-way described herein is hereby
abandoned.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON
THIS DAY OF , 2017.
ITEM 8. STREETS AND DRAINS: Ordinance No. 2017-12 — Abandoning a Platted,
but Unopened, Unimproved Right-of-Way
Located North of Five Notch Road and West of
Georgia Avenue in the City of North Augusta —
Second Reading
On motion by Councilmember Carpenter, second by Councilmember McGhee,
Council unanimously passed an ordinance on second reading to abandon a platted,
but unopened, unimproved right-of-way located North of Five Notch Road and
West of Georgia Avenue in the City of North Augusta.
Please see Item no. 7 above for the ordinance text.
ITEM 9. STREETS AND DRAINS: Ordinance No. 2017-13 — Abandoning a Platted,
but Unimproved Right-of-Way Shown on a Plat
of the Mealing Estate Dated December, 1941 in
the City of North Augusta — Receipt of Planning
Commission Recommendation
Minutes of Public Hearings and Regular Meeting of 09/18/17
On motion by Councilmember McDowell, second by Councilmember Brooks,
Council unanimously received the Planning Commission's unanimous
recommendation from the August 17, 2017 Planning Commission Meeting to
recommend the request to abandon a section of unimproved roadway located
between W. Martintown Road and Clay Street, and recommend that the City
Council adopt an ordinance approving the abandonment.
ITEM 10. STREETS AND DRAINS: Ordinance No. 2017-13 — Abandoning a Platted
but Unimproved Right-of-Way Shown on a Plat
of the Mealing Estate Dated December, 1941 in
the City of North Augusta—First Reading
On motion by Councilmember Dickert, second by Councilmember McGhee,
Council unanimously passed an ordinance on first reading to abandon a platted,
but unimproved right-of-way shown on a plat of the Mealing Estate dated
December, 1941 in the City of North Augusta.
Prior to the vote the following individual expressed concerns:
Patricia Dunagan, 206 Jesse Dee Street, Belvedere, SC
(Ms. Dunagan expressed concerns about who maintains Atlantis Avenue. Mayor
Pettit will get her answer to her question.)
The ordinance text is as follows:
ORDINANCE NO. 2017-13
ABANDONING A PLATTED, BUT UNOPENED, UNIMPROVED ROAD
RIGHT-OF-WAY SHOWN ON A PLAT OF THE MEALING ESTATE DATED
DECEMBER, 1941 IN THE CITY OF NORTH AUGUSTA
WHEREAS, at its regularly scheduled meeting of August 17, 2017, the
North Augusta Planning Commission considered the request of property owners,
Carol Ann Bostick, Marsha Blandenburg, Patricia Kinard, and Dorothy P.
Kitchens, for the City to abandon a section of a platted but unopened and
unimproved road right-of-way adjoining their properties; and
WHEREAS, the road right-of-way requested to be abandoned is described
as follows:
An unnamed strip of land between Lots 5 & 6 of Block A on a plat of the
Mealing Estate by Walton Flythe, C.E., dated December, 1941, and
recorded in the RMC Office for Aiken County, in Misc. Book 22 at Page
131. Said strip, while not named as such, appears to have been reserved as
a possible extension of Atlantis Avenue shown on said plat. Said strip is
±60 feet in width and runs a total distance of±375 feet. Said strip of land
extends from Clay Avenue to W. Martintown Road; and
Minutes of Public Hearings and Regular Meeting of 09/18/17
WHEREAS, THE Planning Commission, after reviewing the request,
determined that the subject right-of-way has never been opened, never named,
and never used as regular access to adjoining properties; that the City has never
maintained the subject right-of-way; that the right-of-way did not have a tax
parcel number nor was anyone paying taxes thereon; and that the road
abandonment would not conflict with the City's Comprehensive Plan. Therefore,
abandonment of the road right-of-way would be appropriate; and
WHEREAS, upon completion of their review, the Planning Commission
unanimously recommended to the City Council that the subject right-of-way be
abandoned; and
WHEREAS, City Council held a duly advertised public hearing on the
requested abandonment on September 18, 2017 for the purpose of receiving input
from the public on the requested abandonment; and
WHEREAS, following consideration of the recommendation from the
Planning Commission and any input received at the public hearing, Mayor and
Council have determined that it is appropriate that the City abandon any interest
in the identified road right- of- way.
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City
Council in meeting duly assembled and by the authority thereof', that the section
of platted but unopened and unnamed road right-of-way described herein is
hereby abandoned.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON
THIS DAY OF , 2017.
ITEM 11. STREETS AND DRAINS: Ordinance No. 2017-13 — Abandoning a Platted,
but Unimproved Right-of-Way Shown on a Plat
of the Mealing Estate Dated December, 1941 in
the City of North Augusta —Second Reading
On motion by Councilmember Dickert, second by Councilmember McGhee,
Council unanimously passed an ordinance on second reading to abandon a platted,
but unimproved right-of-way shown on a plat of the Mealing Estate dated
December, 1941 in the City of North Augusta.
Please see Item No. 10 above for the ordinance text.
Minutes of Public Hearings and Regular Meeting of 09 18/17
ITEM 12' ANIMAL CONTROL: Resolution No. 2017-39 — A Resolution
Approving a Rescue Partner Agreement to make
it possible for Animal Rescue's to Rescue
Adoptable Stray Animals from the North
Augusta Animal Control Facility
On motion by Councilmember Carpenter, second by Councilmember McDowell,
Council unanimously passed a resolution approving a Rescue Partner Agreement
to make it possible for Animal Rescue's to rescue adoptable stray animals from
the North Augusta Animal Control Facility.
Tyler Galles (6 Berkley Court, North Augusta, South Carolina), President of
Friends of North Augusta Animals, expressed appreciation to everyone involved
in making this agreement come to fruition.
The resolution text is as follows:
RESOLUTION NO. 2017'39
A RESOLUTION APPROVING A RESCUE PARTNER AGREEMENT TO MAKE IT POSSIBLE FOR
ANIMAL RESCUE'S TO RESCUE ADOPTABLE STRAY ANIMALS FROM THE NORTH
AUGUSTA ANIMAL CONTROL FACILITY
WHEREAS, the City operates animal control for the safety and protection of citizens
from stray, diseased, and dangerous animals; and
WHEREAS, the City's unimul control also provides a service to citizens by returning lost
aoirno|s', and
WHEREAS, many stray and surrendered animals are not diseased nor dangerous and are
adoptable animals; and
WHEREAS, there are many rescue groups in the CSRA with a mission to save adoptable
animals from area animal shelters; and
WHEREAS, by partnering with said rescue groups the City could reduce the number of
euthanizations and provide adoptable animals to families in the area seeking a pet; and
WHEREAS, the Rescue Partner agreement provides a mechanism by which area rescue
groups would have access to adoptable animals from the North Augusta Animal Control Facility and find
them forever homes;
,
NOW THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of
North Augusta, South Carolina, in meeting duly assembled and by the authority thereof approve the
Rescue Partner Agreement and encourage reputable animal rescue's in the area to partner with the City to
reduce animal euthanasia and provide quality pets to those seeking to adopt.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
NOR TH AUGUSTA, SOUTH CAROLINA,ON THIS 18 r DAY UF SEPTEMBER, 2017.
Minutes of Public Hearings and Regular Meeting of 09/18/17
ITEM 13. CITIZEN COMMENTS: Kenton J. Makin
Citizen, Kenton J. Makin, 208 Briarcliff Street, North Augusta, South Carolina,
addressed Mayor and Council regarding a monument in Calhoun Park. Mr.
Makin's comments are attached to the minutes.
Mayor Pettit responded as follows:
Thank you for your comments. While I normally don't answer comments during
the meeting, 1 will make an exception for your comment.
First let me say, that like many local citizens, I was unaware the inscription on
the obelisk until the attention focused on monuments nationally. I am personally
appalled by the message. I have already taken steps to determine a course of
action.
First, I have asked the City Attorney, Mr. Kelly Zier, to request an opinion from
the SC Attorney General about the applicability of the Heritage Act to the
Meriwether Monument. He had a conversation with a person on the Attorney
General's staff and was informed there is ongoing litigation about the Law. The
Attorney General will not be issuing any opinions on the law until the litigation is
complete.
Second, I am in the process of establishing an ad hoc committee of people within
the City to recommend options to me regarding the monument. I have one
additional space to fill, and I will not make the names public until the membership
is complete. I can add, however, that I have asked persons knowledgeable about
the Hamburg Massacre to be a part of the group.
There being no further business, Council adjourned at 8:15 p.m.
APPR V 5 IS d l DAY OF Respectfully submitted,
, 2017.
tis?d,r7 "/%f Donna B. YoungL
Robert A. Pettit, Mayor