080618 Council Mtg Mins Adopted North ,eAft-ouy
Augusta
South Carolina's Riverfront
MINUTES OF AUGUST 6, 2018
Robert A. Pettit, Mayor
James M Adams, Jr., Councilmember
J. Robert Brooks, Councilmember
Pat C. Carpenter, Councilmember
Fletcher L. Dicker!, Councilmember
Kenneth J. McDowell, Councilmember
David W. McGhee, Councilmember
ORDER OF BUSINESS
REGULAR MEETING
The regular meeting of August 6, 2018, having been duly publicized, was called to order by
Mayor Pettit at 7:10 p.m. and adjourned at 8:10 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 were Mayor Pettit and Councilmembers Adams, Brooks, Carpenter, Dickert,
McDowell, and McGhee.
Also in attendance were B. Todd Glover, City Administrator; Kelly F. Zier, City Attorney;
Cammie T. Hayes, Director of Finance; Richard L. Meyer, Director of Parks, Recreation, &
Tourism; John C. Thomas, Director of Public Safety; Thomas C. Zeaser, Director of Engineering
Minutes of Regular Meeting of 08/06/18
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
Donna B. Young, City Clerk.
The minutes of the regular and study session minutes of July 16, 2018 were approved by general
consent.
ITEM 1. PERSONNEL: Diana H. Miller — Recognition of Service to the City of
North Augusta
On July 31, 2018, Diana H. Miller, Manager of Human Resources, retired with
the City of North Augusta. Diana began her employment with the City of North
Augusta in February of 1995 as the City Council Secretary. Her position changed
to Human Resources Specialist and in 2000 she became the Manager of Human
Resources. Mayor Pettit recognized and honored Diana for her years of service to
the City of North Augusta.
ITEM 2. PERSONNEL: Employee of the Quarter, April, May, and June, 2018 —
Jonah Baynham, Maintenance Worker II with the
Department of Parks, Recreation, and Tourism
Mayor Pettit recognized the employee of the quarter for April, May, and June,
2018, Jonah Baynham, Maintenance Worker II with the Department of Parks,
Recreation, and Tourism.
Jonah started his employment with the City of North Augusta on December 11,
2006. He and his wife, have 2 children, Audrey and Weston.
Jonah started out as a Grounds Worker I with the Riverview Park maintenance
crew; was promoted to Grounds Worker II on July 8, 2009; and through his hard
work and can do attitude was promoted to Grounds Worker III on July 6, 2011. In
April of this year both Maintenance Worker II positions at the Municipal building
opened up, and Jonah made the decision to transfer inside in spite of knowing that
he would have to take a pay cut to do so. The opportunity to move inside and
learn something new appealed to Jonah. Jonah has already started the process of
working his way toward advancement with his positive attitude and soaking up all
he can learn.
Jonah Baynham is a good natured, conscientious, happy energetic person who
spreads good will among all. He easily accepts instruction and executes his job to
the best of his ability. He is very observant, eager and willing to learn and process
information. He is extremely helpful and more than willing to provide assistance
whatever and whenever needed.
During the Nike Peach Jam Basketball tournament, Jonah is assigned to work as
the gatekeeper to the VIP and volunteer parking area. Jonah's personality and
Minutes of Regular Meeting of 08/06/18
ability to stand firm when needed, but get his message across in a professional
manner, makes him the perfect man for this spot.
In his spare time, Jonah serves as a lieutenant and chaplain for the Beech Island
Fire Department and part-time worship leader at Matlock Baptist Church.
Jonah Baynham is a tremendous asset to the Department of Parks, Recreation, &
Tourism and the City of North Augusta workforce.
Congratulations to Jonah Baynham, our employee of the second quarter of 2018.
Mayor Pettit will presented him with a plaque, a $25 gift certificate to Your Pie,
and a $25 gift card to Wal-Mart.
ITEM 3. ZONING: Ordinance No. 2018-05 — An Ordinance Amending Article 3,
Zoning Districts, Related to the Boundaries of the
Neighborhood Preservation Overlay District, of the North
Augusta Development Code, Chapter 18 of the City of North
Augusta, South Carolina Code of Ordinances — Ordinance,
Second Reading
On motion by Mayor Pettit, second by Councilmember Brooks, Council
considered an ordinance on second reading amending Article 3, Zoning Districts,
related to the boundaries of the Neighborhood Preservation Overlay District of the
North Augusta Development Code, Chapter 18 of the City of North Augusta,
South Carolina Code of Ordinances.
Voting for the ordinance on second reading were: Mayor Pettit and
Councilmembers Brooks, and McGhee. Voting against the ordinance on first
reading were Councilmembers Adams, Dickert, and McDowell. The ordinance
failed to pass on second reading with a 3/3 vote.
Councilmember Carpenter recused herself from the vote. City Attorney, Kelly
Zier, also recused himself.
ITEM 4. FINANCE: Resolution No. 2018-16 — A Resolution Authorizing the
Execution of a Contract with First Tryon Securities for
Advisory Services for Capital Planning
On motion by Councilmember McGhee, second by Councilmember Brooks,
Council unanimously passed a resolution authorizing the execution of a contract
with First Tryon Securities for advisory services for capital planning.
The resolution text is as follows: Please note that all complete exhibits and
attachments are available in the Office of the City Clerk.
Minutes of Regular Meeting of 08/06/18
RESOLUTION NO. 2018-16
AUTHORIZING THE EXECUTION OF A CONTRACT WITH FIRST TRYON SECURITIES
FOR ADVISORY SERVICES FOR CAPITAL PLANNING
WHEREAS, the City discussed capital needs at its most recent Envision session
and desires the services of a financial advisor to assist in establishing a capital improvement
program for the City; and
WHEREAS, the City previously selected First Tryon as its financial advisor; and
WHEREAS, the City requested a proposal from First Tryon for these services;
and,
WHEREAS, the fee for capital planning advisory services is estimated between
$40,000-$60,000 depending on the extent of services requested by the City; and,
WHEREAS, it is in the best interest of the City to establish a capital improvement
program to manage capital needs amongst all departments.
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 First Tryon be authorized to provide capital planning advisory services to the City in an
amount not to exceed $60,000 and that the City Administrator be authorized to sign all
documents relating thereto.
BE IT FURTHER RESOLVED that the funding for the capital planning advisory
services shall come from the Capital Projects Fund.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
AUGUST 2018.
ITEM 5. STREETS AND DRAINS: Resolution No. 2018-17 - A Resolution
Authorizing a Request to the South Carolina
Department of Transportation for Removal of a
Portion of Bunting Drive (S-309) from the State
Highway System and the Acceptance of
Ownership and Maintenance Responsibility of
Said Road by The City of North Augusta, South
Carolina; And, Authorizing the Execution and
Recordation of Certain Documents in
Connection Therewith
On motion by Councilmember Brooks, second by Councilmember McDowell,
Council unanimously passed a resolution authorizing a request to the South
Carolina Department of Transportation for removal of a portion of Bunting Drive
(S-309) from the State Highway System and the acceptance of ownership and
Minutes of Regular Meeting of 08/06/18
maintenance responsibility of said road by the City of North Augusta, South
Carolina; and, authorizing the execution and recordation of certain documents in
connection therewith.
The resolution text is as follows: Please note that all complete exhibits and
attachments are available in the Office of the City Clerk.
RESOLUTION NO. 2018-17
A RESOLUTION AUTHORIZING A REQUEST TO THE SOUTH CAROLINA
DEPARTMENT OF TRANSPORTATION FOR REMOVAL OF A PORTION OF BUNTING
DRIVE (S-309) FROM THE STATE HIGHWAY SYSTEM AND THE ACCEPTANCE OF
OWNERSHIP AND MAINTENANCE RESPONSIBIITY OF SAID ROAD BY THE CITY OF
NORTH AUGUSTA, SOUTH CAROLINA; AND, AUTHORIZING THE EXECUTION AND
RECORDATION OF CERTAIN DOCUMENTS IN CONNECTION THEREWITH
WHEREAS, South Carolina Department of Transportation, (the "SCDOT') is the
owner of Bunting Drive (S-309) located within the Lynnhurst Subdivision in the City of North
Augusta, South Carolina, as more particularly described on Exhibit "A" attached hereto and fully
incorporated herein (the "Road"); and,
WHEREAS, the Road is part of the state highway secondary system; and,
WHEREAS, Section 57-5-80 of the South Carolina Code of Laws, 1976, as
amended, permits SCDOT to transfer ownership of any road in the state highway secondary
system determined to be of low traffic importance to a municipality if mutual consent is reached
between SCDOT and the municipality; and,
WHEREAS, the City of North Augusta (the "City") is a South Carolina municipal
corporation vested with the power to acquire public roads in accordance with South Carolina
law; and,
WHEREAS, the City, in accordance with its Stormwater Management Capital
Improvement Plan, has engaged a professional engineering firm to study, recommend, and
design drainage improvements within the Lynnhurst Subdivision to reduce roadway and private
property flooding; and,
WHEREAS, the final design includes the installation of underground storm
drainage piping within the travel lanes of a portion of Bunting Drive, generally between Towhee
Avenue (S-315) and Robin Road (S-311); and,
Minutes of Regular Meeting of 08/06/18
WHEREAS, the City has made application to the SCDOT for an Encroachment
Permit for the construction of the storm drainage piping and related appurtenances within the
right-of-way; and,
WHEREAS, the SCDOT has denied the permit application, citing its objection to
the pipeline being installed within the travel lanes; and,
WHEREAS, the SCDOT has further suggested that if the City cannot re-design
the project to remove the pipeline from the travel lanes, then it should pursue this action to allow
the project to proceed as designed; and,
WHEREAS, the City's Engineering Department has reviewed the plans and
believes that the current design best meets the hydrologic design parameters, and minimizes
construction impacts upon existing City-owned and private utilities, as well as private property,
and recommends that the City pursue this action; and,
WHEREAS, City Council has determined that it is in the public interest for the
City to request that SCDOT remove a portion of Bunting Drive from the state secondary
highway system and for the City to acquire the Road and the continuing maintenance obligations
from SCDOT; and,
WHEREAS, City Council desires to authorize the City Administrator to execute
such documents as necessary to complete the conveyance of the Roads to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA, AS FOLLOWS:
1. The City Council hereby authorizes the acquisition and the transfer of the
Road from SCDOT to the City, including the continuing maintenance obligations for the
Road, and hereby confirms that the acquisition of the Road by the City is in the public
interest.
2. The Mayor, City Administrator, and City Clerk are each hereby authorized
to execute any and all documents necessary to consummate the acquisition and the
conveyance of the Road to the City, including, without limitation, the acceptance and
recordation of the above-referenced application with SCDOT. The City Administrator is
hereby authorized to pay such reasonable costs of the transaction as may be necessary.
3. Should any part or portion of this Resolution be deemed unconstitutional
or otherwise unenforceable by any court of competent jurisdiction, such finding shall not
affect the remainder hereof, all of which is hereby deemed seperable.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
NORTH AUGUSTA, SOUTH CAROLINA, ON THIS 6TH DAY OF AUGUST,2018.
Minutes of Regular Meeting of 08/06/18
ITEM 6. ZONING: Ordinance No. 2018-08 —An Ordinance Amending the North
Augusta Development Code in Order to Comply with
Requirements of the Federal Emergency Management Agency
(FEMA) to Allow Property within the City to Remain Eligible
for Federal Emergency Flood Insurance. Such Amendments
Relate to Portions of Article Three, Article Nine, and Appendix
A. —Motion to Receive
On motion by Councilmember Dickert, and second by Councilmember McGhee,
and upon receipt of the Planning Commission recommendation (6-0 vote) to
recommend approval of the recommended text as amended, City Council
unanimously approved the motion to receive.
ITEM 7. ZONING: Ordinance No. 2018-08 —An Ordinance Amending the North
Augusta Development Code in Order to Comply with
Requirements of the Federal Emergency Management Agency
(FEMA) to Allow Property within the City to Remain Eligible
for Federal Emergency Flood Insurance. Such Amendments
Relate to Portions of Article Three, Article Nine, and Appendix
A. - Ordinance, First Reading
On motion by Councilmember McDowell, second by Councilmember McGhee,
Council unanimously passed an ordinance on first reading amending the North
Augusta Development Code in order to comply with requirements of the Federal
Emergency Management Agency (FEMA) to allow property within the City to
remain eligible for Federal Emergency Flood Insurance. Such amendments relate
to portions of Article Three, Article Nine, and Appendix A.
The ordinance text is as follows: Please note that all complete exhibits and
attachments are available in the Office of the City Clerk.
ORDINANCE NO. 2018-08
AN ORDINANCE AMENDING THE NORTH AUGUSTA DEVELOPMENT CODE
IN ORDER TO COMPLY WITH REQUIREMENTS OF THE FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA) TO ALLOW PROPERTY
WITHIN THE CITY TO REMAIN ELIGIBLE FOR FEDERAL EMERGENCY
FLOOD INSURANCE. SUCH AMENDMENTS RELATE TO PORTIONS OF
ARTICLE THREE, ARTICLE NINE, AND APPENDIX A.
WHEREAS, recently, the Federal Emergency Management Agency (FEMA)
completed a re-evaluation of flood hazards in North Augusta and prepared an updated Flood
Insurance Study (FIS) and associated Flood Insurance Rate Map (FRM) including Base Flood
Elevations (BFEs) for Aiken County and Edgefield County; and,
Minutes of Regular Meeting of 08/06/18
WHEREAS, the maps developed for Aiken County will become effective on
August 16, 2018 and the maps developed for Edgefield County will become effective on
September 14, 2018; and,
WHEREAS, due to revision and modification of these studies and maps, the City
of North Augusta is required to adopt new map dates by reference in the North Augusta
Development Code (NADC), if properties within the City are to remain eligible for Federal
Flood Insurance; and,
WHEREAS, these text amendments have been reviewed by the Planning
Commission with such report from the Planning Commission having been received by the Mayor
and Council;
Whereas, after review, the Mayor and City Council have determined that it is in
the best interest of the City and its citizens, that these changes be made to the North Augusta
Development Code.
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. The North Augusta Development Code, Articles 3 and 9, and Appendix "A"
be amended as follows:
a. Article 3.2.2.1 shall be deleted in its entirety and replaced with the
following:
"This Article shall apply to all areas of special flood hazard within
the City of North Augusta, or later annexed into the City Limits as
identified by the Federal Emergency Management Agency in its
Flood Insurance Study for Aiken County, dated August 16, 2018
and for Edgefield County dated September 14, 2018, including
accompanying maps, approved Floodway Data Tables and their
depictions of the Savannah River Floodway on approved Letters of
Map Revisions (LOMRs), other supporting data and any revisions
thereto, are hereby adopted by reference and declared to be a part
of the official Zoning Map. The adoption of the Flood Insurance
Study (FIS), dated August 16, 2018 and September 14, 2018, is in
accordance with Section 60.3(b), Title 44 of the Code of Federal
Regulations."
b. 9.2.3 shall be deleted in its entirety and replaced with the
following:
"The Article shall apply to all areas of special flood hazard within
the jurisdiction of North Augusta, South Carolina as identified by
Federal Emergency Agency (FEMA) declared to be a part of this
chapter and adopted in Section 3.2.2."
c. 9.3.3.6 This section will be deleted in its entirety.
Minutes of Regular Meeting of 08/06/18
d. 9.3.3.20 This section will be amended by the removal of the word
"Economic" in the last sentence of said section. Said section
otherwise remains unchanged.
e. 9.4 shall be amended by adding the following: 9.4.1.1 Review all
permit applications to determine whether proposed building sites
will be reasonably safe from flooding.
f. 9.5.2.4 this section shall be deleted in its entirety
g. Appendix A — DEFINITIONS will be amended by adding the
following:
"For the purposes of Article 9(Floodplain) "Development"
includes any manmade change to include improved or unimproved
real estate, including, but not limited to buildings or other
structures, mining, dredging, fillings, grading, paving, excavation,
or drilling operations, or storage of equipment or materials. Any
exception to this definition must be per the requirements of article
9."
2. When amended as set forth above, the articles shall read in accordance with
the exhibit attached hereto marked as "Exhibit A".
3. All ordinances, or parts of ordinances, in conflict herewith are, to the extent of
such conflict, hereby repealed.
4. This Ordinance shall become effective immediately upon its adoption on 3`d
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 AUGUST, 2018.
ITEM 8. ZONING: Ordinance No. 2018-08 —An Ordinance Amending the North
Augusta Development Code in Order to Comply with
Requirements of the Federal Emergency Management Agency
(FEMA) to Allow Property within the City to Remain Eligible
for Federal Emergency Flood Insurance. Such Amendments
Relate to Portions of Article Three, Article Nine, and Appendix
A. - Ordinance, Second Reading
On motion by Mayor Pettit, second by Councilmember Dickert, Council
unanimously passed an ordinance on second reading amending the North Augusta
Development Code in order to comply with requirements of the Federal
Emergency Management Agency (FEMA) to allow property within the City to
remain eligible for Federal Emergency Flood Insurance. Such amendments relate
to portions of Article Three, Article Nine, and Appendix A.
Please see Item no. 7 above for the ordinance text.
Minutes of Regular Meeting of 08/06/18
ITEM 9. CITIZEN COMMENTS: Speaker Forms Submitted for August 6, 2018
Council Meeting
Please see the attached Speaker Forms completed by citizens for the August 6,
2018 Council meeting.
ITEM 10. CITY COUNCIL: Comments by Mayor Robert A. Pettit
Mayor Pettit voiced concerns at the conclusion of the meeting as follows:
Let me thank Councilman McDowell for presiding at the last Council meeting.
Mayor Pro Tem McDowell concluded the last Council meeting mentioning that
recent discourse in the City has not been civil and that personal attacks on
Councilmembers and staff were harmful to the entire community. He is a 20 year
member of Council, I respect his viewpoint.
I've often heard people saying they like North Augusta's small town feel. I would
think the flavor of a small town is gone when the Councilmember who has
contributed more positively to the development and well-being of the youth of the
City is accused of a conflict of interest because a proponent of an action has his
vehicles serviced at her husband's business. If this were a small town that
wouldn't even be thought of as an issue. That's what you do in a small town. You
patronize local businesses.
And then there's the allegation that Mr. Zier has a conflict of interest. Mr. Zier
does not have a vote. In my experience, he has done nothing more than provide
legal advice on the multitude of issues before Council.
We will be meeting August 23, 24 to discuss the future of North Augusta and what
it will look like. Establishing a Vision for the City will be a part of that process.
Citizens will ultimately decide what the Vision is for the City.
There being no further business, Council adjourned at 8:10 p.m.
APP,.IVED HIS /e. DAY OF Respectfully submitted,
, 2018.
ۥ LIDA-f-A-d
/// Donna B. Young
Robert A . Pettit, Mayor
SPEAKER FORM
NAME: e_ ■ ,1
ADDRESS: °I I (11,r -� ti� L vec-21
TELEPHONE:
PLEASE PROVIDE A ONE SENTENCE SUMMARY OF YOUR COMMENT TO COUNCIL.
(For example: I support the resolution because ... )
THIS FORM WILL BE ATTACHED TO THE MINUTES OF THE CITY COUNCIL MEETING.
COUNCIL MEETING DATE:
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AGENDA ITEM/TOPIC: V 11(
1 4-
SUMMARY ��("� ���^«-� � „
FOR MEETING OF NORTH AUGUSTA CITY COUNCIL 08/06/2018
SC Code Ann. § 6-29-720(C)(5)
Zoning districts; matters regulated; uniformity; zoning techniques:
"overlay zone'or a zone which imposes a set of requirements or relaxes a set of
requirements imposed by the underlying zoning district when there is a special
public interest in a particular geographic area that does not coincide with the
underlying zone boundaries;"
City of North Augusta, North Augusta Development Code (NADC) § 3.1, Table 3-1
Zoning Districts
3.1 ZONING DISTRICTS
In order to implement the Comprehensive Plan, the City of North Augusta is hereby
divided into the following zoning and development districts.
TABLE 3-1 ZONING DISTRICTS
Zoning District Zoning Districts
Categories
R-14 Large Lot, Single-Family Residential
Residential R-10 Medium Lot, Single-Family Residential
R-7 Small Lot, Single-Family Residential
R-5 Mixed Residential
Base OC Office Commercial
Districts NC Neighborhood Commercial
Commercial GC General Commercial
TC Thoroughfare Commercial
D Downtown Mixed Use
_ Industrial IND Industrial
PD Planned Development
CR Critical Areas
Special Districts TND Traditional Neighborhood Development
P Public Use
R-MH Manufactured Home Residential
G Georgia Avenue Overlay District
HC Highway Corridor Overlay District
Overlay Districts
NP Neighborhood Preservation Overlay District
_ LMK Landmark Overlay District
1
City of North Augusta, NADC § 5.3.2
Rezonings and Text Amendments-Applicability:
"This section applies to any application for an amendment to the text of this
Chapter or for an amendment to the Official Zoning Map. An amendment to the
Official Zoning Map which reclassifies property from one zoning district to
another is known as a 'rezoning."A change to the text of this Chapter is referred
to as a `text amendment.' "
City of North Augusta, NADC § 5.3.3.1
Rezoning
"Any property owner, city board, commission, department or the City Council may
apply for a change in zoning district boundaries(rezoning), excluding applications
for conditional use districts as set forth in§5.4"
City of North Augusta, NADC § 3.2.4
Amendments to Official Zoning Map:
"If, in accordance with this Chapter and S.C. Code§6-29-720, changes are made in
the district boundaries or other matters portrayed on the Official Zoning Map,
such changes shall be entered on said map(s)promptly after amendment has
been approved by the City Council. No amendment to this Chapter that involves
matters portrayed on the Official Zoning Maps shall become effective until after
such changes has been made on said Official Zoning Maps."
2
SPEAKER FORM
NAME:
ADDRESS: ' •' •
TELEPHONE: P • FJe- , Gfr
PLEASE PROVIDE A ONE SENTENCE SUMMARY OF YOUR COMMENT TO COUNCIL.
(For example: I support the resolution because ... )
THIS FORM WILL BE ATTACHED TO THE MINUTES OF THE CITY COUNCIL MEETING.
COUNCIL MEETING DATE:
AGENDA ITEM/TOPIC: 4•a4.00•.." era'-"
SUMMARY
STATE OF SOUTH CAROLINA ) CITY OF NORTH AUGUSTA
COUNTY OF AIKEN ) MUNICIPAL COUNCIL
RECUSAL STATEMENT
NAME: Kelly F. Zier
PUBLIC EMPLOYEE POSITION: City Attorney
MEETING DATE: August 6, 2018, as well as any future meetings of Council where Ordinance
No. 2018-05 is to be considered, to include Study Sessions, Executive
Sessions, etc.
AGENDA ITEM: Section—TBD
TOPIC: Ordinance No. 2018-05—An Ordinance amending Article 3,Zoning Districts
related to the boundaries of the neighborhood overlay district, of the North
Augusta Development Code, Chapter 18 of the City of North Augusta, South
Carolina Code of Ordinances.
JUSTIFICATION TO RECUSE: Allegations have been made by an attorney representing parties
opposing the passage of Ordinance No. 2018-05, that I have a conflict of interest that necessitates
that I recuse myself. The basis for claim is that my son/law partner has previously provided
representation to the Applicant, to include closing out a real estate matter that would include some
portion of the property impacted by the amendment requested. It is my belief that the
allegation/assertion of such conflict is misguided and not a proper interpretation of the act. The
act provides that no public official may make, participate in making or influence a governmental
decision in which he or any such person or business has an economic interest. Obviously, I as an
employee, and not a Council Member, have no vote and would therefore not participate in the
making of the decision. Although no specific information has been provided, it appears that the
assertion of conflict is that some legal opinion, ruling, etc. that I might make could influence the
Council's decision. Influencing the decision of council is not my responsibility or goal and I have
never attempted to do that. My involvement is to provide answers to questions of a legal nature,
whenever I am asked. My law firm, nor me personally, has any type of economic interest that
would be impacted by the outcome of Council's decision.
While, as indicated above, I do not believe that a true conflict exists and that I do not have a
required responsibility to recuse myself in this matter, I believe that it is in the best interest of the
City to recuse myself from further involvement related to Ordinance No. 2018-05. Specifically, it
is my belief that persons without a full understanding of the act, and a desire to create and/or
maintain controversy, would use my continued involvement for that purpose. In the present case,
I see absolutely no reason to provide these parties that opportunity.
I do hereby f I this Recusal Statement with the Municipal Clerk for delivery to the Mayor
inclusion in t!: Mutes fo e meeting scheduled for August 6th, 2018.
Kelly
4ir Acrir
City A
Receiv:;i by the Municipal Clerk: August co , 2018
STATE OF SOUTH CAROLINA ) CITY OF NORTH AUGUSTA
COUNTY OF AIKEN ) MUNICIPAL COUNCIL
RECUSAL STATEMENT
MEMBER NAME: Pat C. Carpenter
MEETING DATE: This Recusal is intended to apply to all future meetings of the Council where
Ordinance No. 2018-05 is to be considered
AGENDA ITEM: Section— TBD Number— TBD
TOPIC: Ordinance No. 2018-05 —An Ordinance amending Article 3, Zoning Districts
related to the boundaries of the neighborhood overlay district, of the North
Augusta Development Code, Chapter 18 of the City of North Augusta, South
Carolina Code of Ordinances.
JUSTIFICATION TO RECUSE: I am aware of and fully support the Ethics Act, SC Code §8-13-700.
Such act provides that no public official may knowingly use his/her office to
obtain an economic interest for himself, a family member of his immediate
family, an individual with whom he is associated, or a business with which is
is associated. No public official may make, participate in making, or
influence a governmental decision in which he or any such person or business
has an economic interest.
I have been advised that a question has been raised by parties concerned with the above-referred-
to Ordinance,that I might possibly have a conflict related to my voting concerning such Ordinance.
Specifically, it is my understanding that there are persons that believe that, as a result of the
Applicant related to the matter covered by the Ordinance doing business with my Husband's
automotive repair business, such fact might influence my vote.
I can absolutely say that any consideration of the Ordinance and vote that I would make related to
same would in no way be influenced by anything except my concern and desire to do what is best
for the City of North Augusta.
Because this matter has created substantial controversy, and it is my desire to not only comply
with the ethics act but to also prevent any basis for an allegation of bias or conflict related to the
consideration of this Ordinance by the City Council, I am filing this Recusal Statement.
I do hereby file this Recusal Statement with the Municipal Clerk for the City of North Augusta
this 13th day of July, 2018.
Pat C. Carpenter
Council Member
Received by the Municipal Clerk: July 13th, 2018