120318 Council Mtg Mins Adopted North
Augusta
South Carolina's Riverfront
MINUTES OF DECEMBER 3, 2018
Robert A. Pettit, Mayor
James M Adams, Jr., Councilmember
Robert Brooks, Councilmember
Pat C. Carpenter, Councilmember
Fletcher L. Dickert, Councilmember
Kenneth J. McDowell, Councilmember
David W. McGhee, Councilmember
ORDER OF BUSINESS
REGULAR MEETING
The regular meeting of December 3, 2018, having been duly publicized, was called to order by
Mayor Pettit at 7:10 p.m. and adjourned at 8:27 p.m. Per Section 30-4-80(e) notice of the
meeting by email was sent out to the current maintained "Agenda Mai lout" 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 12/03/18
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 November 19, 2018, were approved by
general consent.
ITEM 1. FINANCE: Ordinance No. 2018-09 — Adopting a Budget for Fiscal
Year 2019 Containing Estimates of Proposed Revenues and
Expenditures by the City of North Augusta, South
Carolina, for the Budget Year Beginning January 1, 2019,
and Declaring that same shall Constitute the Budget of the
City of North Augusta for such Budget Year — Ordinance,
Third and Final Reading—Remove from Table
On motion by Mayor Pettit, second by Councilmember Dickert, Council
unanimously removed Ordinance No. 2018-09 from the table.
ITEM 2. FINANCE: Ordinance No. 2018-09 — Adopting a Budget for Fiscal
Year 2019 Containing Estimates of Proposed Revenues and
Expenditures by the City of North Augusta, South
Carolina, for the Budget Year Beginning January 1, 2019,
and Declaring that same shall Constitute the Budget of the
City of North Augusta for such Budget Year — Ordinance,
Third and Final Reading
On motion by Mayor Pettit, second by Councilmember Brooks, Council
considered an ordinance on third and final reading to adopt a budget for Fiscal
Year 2019 containing estimates of proposed revenues and expenditures by the
City of North Augusta, South Carolina, for the budget year beginning January 1,
2019, and declaring that same shall constitute the budget of the City of North
Augusta for such budget year.
On motion by Mayor Pettit, second by Councilmember McGhee, a motion to
move that this third and final reading of the budget be bifurcated to have a line
item vote on Section 201 of Community Promotion Section 4030 was made.
Such vote would be only as to the $48,200.00 of contributions as set forth in the
budget under such section was unanimously approved.
On motion by Councilmember Dickert, second by Councilmember Carpenter, a
motion to approve Section 201 of Community Promotion Section 4030 was
considered.
Mayor Bob Pettit recused himself from this vote because he is a member of the
Board of CSRA Alliance for Fort Gordon. Councilmember McDowell recused
himself from this vote because he is associated with the Board of North Augusta
Minutes of Regular Meeting of 12/03/18
Forward, As a result of the Mayor and Mayor Pro Temp recusing themselves
from the vote, with the City Attorney's concurrence, Mayor Pettit asked
Councilmember Brooks to manage the vote. Voting for the motion to approve
Section 201 of Community Promotions were Councilmembers Adams, Brooks,
Carpenter, Dickert, and McGhee. Mayor Pettit and Councilmember McDowell
recused themselves. The motion passed 5/0.
Vote was then taken on the ordinance on third and final reading to adopt a budget
for Fiscal Year 2019 containing estimates of proposed revenues and expenditures
by the City of North Augusta, South Carolina, for the budget year beginning
January 1, 2019, and declaring that same shall constitute the budget of the City of
North Augusta for such budget year, and it was adopted unanimously.
Please see the minutes of October 15, 2018, for the ordinance text.
ITEM 3. FINANCE: Ordinance No. 2018-10 — Levying the Annual Tax on
Property in the City of North Augusta, South Carolina, for
the Fiscal Year Beginning January 1, 2019, and Ending
December 31, 2019 — Ordinance, Third and Final Reading
—Remove from the Table
On motion by Councilmember Carpenter, second by Councilmember McGhee,
Council unanimously removed Ordinance No. 2018-10 from the table.
ITEM 4. FINANCE: Ordinance No. 2018-10 — Levying the Annual Tax on
Property in the City of North Augusta, South Carolina, for
the Fiscal Year Beginning January 1, 2019, and Ending
December 31, 2019— Ordinance, Third and Final Reading
On motion by Councilmember Dickert, second by Councilmember Brooks,
Council unanimously adopted an ordinance on third and final reading levying the
annual tax on property in the City of North Augusta, South Carolina, for the fiscal
year beginning January 1, 2019, and ending December 31, 2019.
Please see the minutes of October 15, 2018, for the ordinance text.
ITEM 5. ANNEXATION: Ordinance No. 2018-12 to Change the Corporate Limits
of the City of North Augusta by Annexing ±1.72 Acres of Property Located
on Pisgah Road and Owned by Forrest T. and Felix D. McKie — Ordinance,
Third and Final Reading
On motion by Councilmember McDowell, second by Councilmember Carpenter,
Mayor and Council unanimously adopted on third and final reading an ordinance
to effect the annexation of Forrest T. and Felix D. McKie in which they request
the annexation of ±1.72 acres of property located on Pisgah Rd., Tax Parcel
Numbers 005-19-06-003 and 005-19-06-002.
Please see the minutes of November 19, 2018, for the ordinance text.
Minutes of Regular Meeting of 12/03/18
ITEM 6: ELECTIONS: Ordinance No. 2018-13 — Complying with Sections 10-1 and
10-2 of the Code of Laws of North Augusta, South
Carolina, By Setting the Dates for Municipal Party
Primaries, Conventions, and General Election, Times for
Filing of Nominating Petitions, Certification of Candidates
by Parties, and Certification of Candidates by Municipal
Election Commission — Ordinance, Third and Final
Reading
On motion by Councilmember Carpenter, second by Councilmember Dickert,
Council unanimously adopted an ordinance on third and final reading establishing
the dates for the 2019 Municipal election for three members of City Council. The
terms of Councilmembers James M. "Jimmy" Adams, J. Robert Brooks, and
Kenneth J. McDowell will expire on May 6, 2019.
Please see the minutes of November 19, 2018, for the ordinance text.
ITEM 7. ZONING: Ordinance No. 2018-14 — An Ordinance to Amend the Zoning
Map of the City Of North Augusta, South Carolina by
Rezoning ±67.57 Acres of Land Owned by the Summers
Family Trust, and Located Along Austin Graybill Road
Between Orchard Way and Fox Trail Drive, Aiken County Tax
Parcel # 011-05-01-001 from R-10, Medium Lot Residential to
R-7, Small Lot, Single Family Residential - Ordinance, Third
and Final Reading (Second Second Reading)
On motion by Councilmember McGhee, second by Councilmember Carpenter,
Council considered an ordinance on third and final reading to amend the Zoning
Map of the City of North Augusta, South Carolina by rezoning ±67.57 acres of
land owned by the Summers Family Trust and located along Austin Graybill Road
Between Orchard Way and Fox Trail Drive, and identified as Aiken County Tax
Parcel #011-05-011-001, from R-10, Medium Lot Residential to R-5, Mixed
Residential.
A motion to amend was made by Councilmember McDowell, second by
Councilmember Dickert. The motion to amend was that in three different
locations, specifically in Paragraph I and Paragraph II as well as in the title,
where it now reads R-5 that in each location it be changed to read R-7. This
change was requested by Keith Lawrence, P.E. dated November 15, 2018, and is
attached to the minutes for reference. The motion to amend passed unanimously.
As a result of this significant change, third and final reading could not be had; so
this would be a second second reading of the ordinance with third and final
reading of the amended ordinance being on December 17, 2018.
Vote was then taken on the ordinance on second second reading and passed
unanimously.
Minutes of Regular Meeting of 12/03/18
The amended ordinance text is as follows: Please note that all complete exhibits
and attachments are available in the Office of the City Clerk.
ORDINANCE NO. 2018-14
TO AMEND THE ZONING MAP OF TILE CITY OF NORTH AUGUSTA,
SOUTH CAROLINA BY REZONING ± 67.57 ACRES OF LAND OWNED BY
THE SUMMERS FAMILY TRUST, AND LOCATED ALONG AUSTIN GRAYBILL ROAD
BETWEEN ORCHARD WAY AND FOX TRAIL DRIVE, AIKEN COUNTY TAX PARCEL
#011-05-01-001, FROM R-10, MEDIUM LOT RESIDENTIAL, TO R-7, SMALL LOT
SINGLE FAMILY RESIDENTIAL.
WHEREAS, on December 17, 2007, by Ordinance 2007-22, the North Augusta
City Council adopted the North Augusta Development Code and a citywide Zoning Map which
is consistent with the City's North Augusta 2017 Comprehensive Plan; and
WHEREAS, pursuant to Section 5.3, North Augusta Development Code, the
North Augusta Planning Commission may recommend amendments to the Zoning Map,
provided such amendments are consistent with the City's North Augusta 2017 Comprehensive
Plan; and
WHEREAS, the North Augusta Planning Commission, following an October 18,
2018, public hearing, reviewed, considered the amendment to the Zoning Map and recommended
said amendment to the City Council for approval.
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 property owned by the owned by CSRA Development, LLC, and located
along Austin Graybill Road, between Orchard Way and Fox Trail Drive, Aiken
County Tax Parcel #011-05-01-001, from R-10, Medium Lot Residential, to R-7,
Small Lot, Single Family Residential.
II. Said property being officially rezoned to the classification R-7, Small Lot, Single
Family Residential, more specifically in accordance with the map attached hereto
as Exhibit "A," the official Zoning Map of the City of North Augusta is to be so
amended.
Ill. All ordinances or parts of Ordinances in conflict herewith are, to the extent of
such conflict, hereby repealed.
IV. This Ordinance shall become effective immediately upon its adoption on third and
final reading.
Minutes of Regular Meeting of 12/03/18
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
, 2018.
ITEM 8. CITY CODE: Ordinance No. 2018-02 — An Ordinance Amending Section
4.1 of the Code of Laws for the City of North Augusta
Entitled "Consumption of Alcoholic Beverages in Public"—
Remove from the Table
On motion by Mayor Pettit, second by Councilmember Brooks, Council
unanimously removed Ordinance No. 2018-02 from the table.
ITEM 9. CITY CODE: Ordinance No. 2018-02 — An Ordinance Amending Section
4.1 of the Code of Laws for the City of North Augusta
Entitled "Consumption of Alcoholic Beverages in Public"—
Ordinance, First Reading
On motion by Councilmember McDowell, second by Councilmember McGhee,
Council passed an ordinance on first reading amending Section 4.1 of the Code of
Laws for the City of North Augusta entitled "Consumption of Alcoholic
Beverages in Public" Voting for the ordinance on first reading were Mayor Pettit
and Councilmembers Adams, Brooks, Dickert, McDowell, and McGhee. Voting
against the ordinance on first reading was Councilmember Carpenter. The
ordinance passed on first reading with a 6/1 vote.
The ordinance text is as follows:
ORDINANCE NO. 2018-02
AN ORDINANCE AMENDING SECTION 4-1 OF THE CODE OF
ORDINANCES FOR THE CITY OF NORTH AUGUSTA ENTITLED
"CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC"
WHEREAS, Section 4-1 of the City Code relates to consumption, use, etc. of
alcoholic beverages in public areas of the City; and,
WHEREAS, such Ordinance was amended in October of 2017 to provide for
regulations that considered City sponsored festivals; and,
WHEREAS, at the time of the passage of said Ordinance, it was anticipated that
additional changes would be necessary in order to effectively regulate future activities within the
City; and,
WHEREAS, the Mayor and City Council have made a determination that it is
appropriate to update such Ordinance.
Minutes of Regular Meeting of 12/03/18
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:
Section 4-1. Consumption of Alcoholic Beverages in Public
a) Except for the area and circumstances provided for in Sections B, C and
I) herein, it shall be unlawful for any person, in a public place, within the
corporate limits of the City, to publicly engage in the possession of an
open container of or consume an alcoholic beverage, intoxicating liquors,
beer, ale, porter, wine, 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.
b) Within the area of the City known as Riverside Village, a specifically
described area shall allow for public possession and consumption under
restrictions and regulations as set forth herein below. The specific area is
described as follows: on the north by Brick Pond Park; on the east by
Georgia Avenue; on the south by the Savannah River and on the west by
Esplanade. The specific area is more specifically identified and reference
for said area is made to the exhibit attached hereto to, identified as
"Alcohol Public Consumption Area."
1. Between the hours of 10:00 AM and 12:00 MIDNIGHT, any business
establishment that is licensed to sell alcoholic beverages, that is
within, or borders on, the described area, may sell alcoholic beverages
in a paper or plastic cups for removal from the premises to the
designated area. No cans, bottles or glass containers of any nature
may be utilized. No person shall remove more than two (2) beverages
from the premises at any one time.
2. No beverages, as allowed for removal from business establishments as
identified in Number 1 above, are allowed outside of the designated
area. In addition, no alcoholic beverages, for consumption within the
designated area, may be brought in from outside of said area.
3. Any alcoholic beverage dispensed pursuant to this section must be
contained within a paper or plastic cup, not to exceed 16 fluid ounces
in size. Such cups shall be identifiable and as specifically approved
by the City for such usage. Such cups are to be provided by the
business selling such beverages.
Minutes of Regular Meeting of 12/03/18
4. Should the City Administrator, in consultation with the Public Safety
Director, deteimine that the enforceability of this Ordinance would be
enhanced by further requirements and regulations related to the
possession and consumption of alcoholic beverages within the
designated area, such requirements may be placed in effect by written
notification of same to all businesses within the designated area.
5. The Public Safety Director, the City Administrator, or their designees
shall have the right to temporarily suspend the service of beverages
within the consumption area, in the event that they determine that
such suspension is necessary for the safety and wellbeing of the
persons within the area.
c) 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.
d) Businesses that obtain from the City encroachment permits for outdoor
cafés pursuant to Section 4.32 through 4.32.4 of the North Augusta
Development code, are allowed to provide for the service and
consumption of alcoholic beverages on City streets and public property in
such areas as the permit authorizes the encroachment. The service and
consumption of food, non-alcoholic beverages and alcoholic beverages in
sidewalk encroachments is limited to patrons seated at tables. The permit
may specify the permitted hours for service or consumption of alcoholic
beverages but may not authorize such service between the hours of 12:00
midnight and 10:00 am.
e) The provisions of this Section shall not be construed as an exception or
waiver of any Ordinance or South Carolina Law regarding Public
Intoxication or Operating an Automobile While Impaired, and should not
be construed as affecting Dram Shop Liability or other liability that any
such establishment may be subjected to under law.
0 For purposes of construing and interpreting this Ordinance, the following
definitions shall apply.
Minutes of Regular Meeting of 12/03/18
a. Alcoholic Beverage. Any spirituous malt, vinous, fermented,
brewed (whether lager or rice beer), or other liquors or a
compound or mixture of them, including, but not limited to, a
powdered or crystalline alcohol, by whatever name called or
known, which contains alcohol and is used as a beverage for
human consumption.
b. Person. Any individual, firm, partnership,joint venture, syndicate
or other group or combination acting as a unit, association,
corporation or other legal entity and shall include the plural, as
well as singular.
c. Public Area. Any public street, sidewalk, alley, publicly owned
parking lot, or other public area within the City.
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 the 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
FEBRUARY. 2018.
ITEM 10. CITY CODE: Ordinance No. 2018-02 — An Ordinance Amending Section
4.1 of the Code of Laws for the City of North Augusta
Entitled "Consumption of Alcoholic Beverages in Public"—
Ordinance, Second Reading
On motion by Councilmember Dickert, second by Councilmember Carpenter,
Council passed an ordinance on second reading amending Section 4.1 of the Code
of Laws for the City of North Augusta entitled "Consumption of Alcoholic
Beverages in Public" Voting for the ordinance on second reading were Mayor
Pettit and Councilmembers Adams, Brooks, Dickert, McDowell, and McGhee.
Voting against the ordinance on first reading was Councilmember Carpenter. The
ordinance passed on first reading with a 6/1 vote.
Please see Item number 9 above for the ordinance text.
Minutes of Regular Meeting of 12/03/18
ITEM 11: FINANCE: Resolution No. 2018-28 — A Resolution Authorizing the City of
North Augusta to Amend the Stadium License Agreement with
Green Jackets Baseball, LLC for the Minor League Baseball
Stadium to be Constructed by the City within the Area Bounded
Generally by Georgia Avenue, West Railroad Avenue, Center
Street, and the Savannah River
On motion by Councilmember Brooks, second by Councilmember McGhee,
Council considered a resolution authorizing the City of North Augusta to amend
the Stadium License Agreement with Green Jackets Baseball, LLC for the minor
league baseball stadium to be constructed by the City within the area bounded
generally by Georgia Avenue, West Railroad Avenue, Center Street, and the
Savannah River.
On motion by Councilmember Dickert, second by Councilmember McDowell, a
motion to amend the resolution by adding a paragraph to the resolution as follows
was made: The amendment passed unanimously.
WHEREAS, the City and Green Jackets Baseball, LLC agree that the Green
Jackets Baseball, LLC will transfer the ownership of these assets to the City via a separate
agreement.
Vote was then taken on the original motion to pass the resolution authorizing the
City of North Augusta to amend the Stadium License Agreement with Green
Jackets Baseball, LLC for the minor league baseball stadium to be constructed by
the City within the area bounded generally by Georgia Avenue, West Railroad
Avenue, Center Street, and the Savannah River. It also passed unanimously.
The amended resolution text is as follows: Please note that all complete exhibits
and attachments are available in the OffIce of the City Clerk.
RESOLUTION NO. 2018-28
A RESOLUTION AUTHORIZING THE CITY TO AMEND THE
STADIUM LICENSE AGREEMENT WITH GREEN JACKETS BASEBALL, LLC
FOR TIlE MINOR LEAGUE BASEBALL STADIUM
TO BE CONSTRUCTED BY THE CITY WITHIN THE AREA BOUNDED GENERALLY BY
GEORGIA AVENUE, WEST RAILROAD AVENUE, CENTER STREET AND THE
SAVANNAH RIVER
WHEREAS, the City, pursuant to a Master Development Agreement approved by
the City by ordinance adopted on January 30, 2017, is to construct a minor league baseball
stadium within the area generally referred to as Project Jackson; and
WHEREAS, the City has negotiated a Stadium License Agreement for the
utilization of the stadium by Green Jackets Baseball, LLC; and
Minutes of Regular Meeting of 12/03/18
WHEREAS, the City and Green Jackets Baseball, LLC have negotiated the
Stadium License Agreement to allow for the usage of the stadium by Green Jackets Baseball,
LLC under specific terms and conditions as set forth in the Stadium License Agreement; and
WHEREAS, the North Augusta City Council approved said agreement on
February 20, 2017, and
WHEREAS, the City and Green Jackets Baseball, LLC have negotiated on final
costs to allow the City to close out the stadium project, and
WHEREAS, the City has agreed to remunerate Green Jackets Baseball, LLC in
the amount of$149,702 for costs incurred during construction that were costs to be covered by
the City in the Stadium License Agreement but paid for by Green Jackets Baseball, LLC at risk
until such time as the City could determine that there would be sufficient funds remaining to
cover actual construction of the stadium; and
WHEREAS, the City and Green Jackets Baseball, LLC agree that the Green
Jackets Baseball, LLC will transfer the ownership of these assets to the City via a separate
agreement.
WHEREAS, the Mayor and City Council upon review of the Addendum No. 3 to
Stadium License Agreement, a copy of which is attached hereto, marked as "Addendum No. 3 to
Stadium License Agreement" and incorporated by reference, do believe that such Agreement
represents a reasonable business arrangement by the City with Green Jackets Baseball, LLC and
that such Amendment should be approved and entered into by the City.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the
City of North Augusta, in meeting duly assembled and by the authority thereof, that:
1. The Addendum No. 3 to Stadium License Agreement, as attached hereto,
is approved and the City is authorized to enter into such Agreement.
2. The City Administrator is hereby authorized to execute such document on
behalf of the City.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
NORTH AUGUSTA, SOUTH CAROLINA,ON THIS THE 3RD DAY OF DECEMBER,2018.
ITEM 12. STREETS AND DRAINS: Resolution No. 2018-29 — Accepting a Deed of
Dedication for the Streets, Sanitary Sewer,
Stormwater Collection and Fire Suppression.
Systems, Dedicated Open Space and Associated
Easements and Rights of Way, Along with a
Maintenance Guarantee and Letter of Credit for
Gregory Landing, Section l
On motion by Councilmember Carpenter, second by Councilmember Dickert,
Council unanimously passed a resolution accepting a Deed of Dedication for the
streets, sanitary sewer, stormwater collection and tire suppression systems,
dedicated open space and associated easements and rights of way, along with a
maintenance guarantee and letter of credit for Gregory Landing, Section 1.
Minutes of Regular Meeting of 12/03/18
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. 2018-29
ACCEPTING A DEED OF DEDICATION FOR THE STREETS,
SANITARY SEWER, STORMWATER COLLECTION
AND FIRE SUPRESSION SYSTEMS, DEDICATED OPEN SPACE AND ASSOCIATED
EASEMENTS AND RIGHTS OF WAY, ALONG WITH A MAINTENANCE GUARANTEE
AND LETTER OF CREDIT,
FOR GREGORY LANDING, SECTION 1
WHEREAS, Metro Homesites, LLC. developed Gregory Landing, Section 1,
according to the requirements of the North Augusta Planning Commission and the City, and
owns the streets, utilities and easements; and
WHEREAS, pursuant to §5.8.4.3 of the North Augusta Development Code, the
Director of Planning and Development and the City Engineer approved the final subdivision plat
for recording on February 22, 2018 and
WHEREAS, it is the policy of the City that, upon approval of a final subdivision
plat, the City will, following inspection by the City's Engineering department, accept a deed of
dedication for the streets, utilities, etc. for the purpose of ownership and maintenance when said
deed is accompanied by a maintenance guarantee; and
WHEREAS, a maintenance guarantee and supporting letter of credit accompany
the deed; and
WHEREAS, the City Engineer has made final inspection of the subject
improvements and these improvements meet City standards.
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,
do hereby accept a deed of dedication for:
ALL that tract or parcel of land, with improvements thereon, situate, lying and
being in the State of South Carolina, County of Edgefield, City of North Augusta,
consisting of 32.40 acres, and containing sixty-one (61) lots, streets, common areas and
water quality ponds, all as shown on a plat dated January 16, 2018, prepared by Southern
Partners, Inc., for Metro Homesites, LLC, and recorded on February 23, 2018 in the
Office of the Clerk of Court for Edgefield County, S.C., in JR# 40,120; and further
shown on said plat as Lots 1-12, Block A; Lots 1-8, Block B; Lots 1-5, Block C; Lots 1-
3, Block D; Lots 1-16, Block E; Lots 1-8, Block F; Lots 1-8, Block G; and Lot 1, Block
H; together with Common Area 1, containing 5.34 acres; Common Area 2, containing
3.97 acres; Common Area 3, containing 0.99 acre; and Common Area 4, containing 0.11
acre; and the following streets (all 50' right of way): Harlequin Way, Swan Court, and
Gregory Landing Drive; and also Water Quality Ponds, all as shown on said plat,
Minutes of Regular Meeting of 12/03/18
reference being made to said plat for a more complete and accurate description of the
property hereby conveyed.
Derivation: This is a portion of the same property conveyed to Metro Homesites, LLC by
Deed of Virginia Ann Hodson and Priscilla Bradley a/k/a Priscilla Dianne Witek, dated
February 29, 2016, and recorded in the said Clerk's Office in Deed Book 1565, pages 7-
11; and by Deed of Henry P. Reese, Jr., Barbara R. Herlong, Elsie R. Morgan, Faye M.
Speight, and Susan M. Keck dated February 25, 2016, and recorded in said Clerk's
Office,in Deed Book 1565, pages 18-22.
Map/Parcel No. (Portion ot) 106-00-00-010-000.
ANY AND ALL portion of the aforesaid described property containing and
encompassing all of the water lines, sanitary sewer lines, storm water collection systems,
valves, connections, and related infrastructure, and appurtenances to said premises
belonging or in any way incident or appertaining, located within said property in
accordance with and as shown on the above-referenced plat.
TOGETHER WITH all (a) curbs and gutters located within the aforesaid right of
way of the streets and roadways; (b) sidewalks located within the aforesaid right of way
of the streets and roadways; (c) sanitary sewerage collection systems including lift
stations, if applicable, located on the property shown on the aforesaid plat; (d) storm
water collection system including storm water detention areas located on the property
shown on the aforesaid plat; and (e) greenways or other pedestrian connections outside
the road rights-of-way but located on the property shown on the aforesaid plat, and (f) a
perpetual and non-exclusive easement and right-of-way for streets, sidewalks, water
lines, sanitary sewage and storm water collection systems located on the property shown
on the aforesaid plat, as well as the necessary ingress and egress to reach and enter the
aforesaid.
BE IT FURTHER RESOLVED that a Maintenance Guarantee and Irrevocable
Letter of Credit in the amount of$138,000 are hereby accepted.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS 3RD DAY OF
DECEMBER, 2018.
ITEM 13. STREETS AND DRAINS: Resolution No. 2018-30 — Accepting a Deed of
Dedication for an Off-Site Sanitary Sewer Line,
and Associated Easements from Nap Properties,
LLC and North Augusta Pediatrics
On motion by Councilmember McDowell, second by Councilmember Brooks,
Council passed a resolution accepting a Deed of Dedication for an off-site
sanitary sewer line and associated easements from Nap Properties, LLC and North
Augusta Pediatrics.
Minutes of Regular Meeting of 12/03/18
Councilmember Dickert recused himself because his wife works for North
Augusta Pediatrics. The resolution passed 6/0.
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. 2018-30
ACCEPTING A DEED OF DEDICATION FOR AN OFF-SITE SANITARY SEWER LINE
AND ASSOCIATED EASEMENT FROM NAP PROPERTIES, LLC AND NORTH
AUGUSTA PEDIATRICS, LLC
WHEREAS, Dr. David Allen developed North Augusta Pediatrics at 140 Allen
Court according to the requirements of the North Augusta Development Code and the City, and
including a sanitary sewer line and associated easement;
WHEREAS, pursuant to §5.6.5 of the North Augusta Development Code, the
Director of Planning and Development and the City Engineer approved the minor subdivision
plat for Dr. David Allen on March 29, 2018;
WHEREAS, it is the policy of the City that, upon completion of the
improvements associated with an approved minor site plan, the City will, following inspection
by the City's Engineering Department, accept a deed of dedication for the streets, utilities, etc.
for the purpose of ownership and maintenance; and
WHEREAS, the City Engineer has made final inspection of the subject
improvements, and these improvements meet City standards.
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,
do hereby accept a deed of dedication for:
ALL that certain sanitary sewer line easement shown and designated as "20'
Sanitary Sewer Easement Centered on Line" as shown and delineated on a Minor
Subdivision Plat for Dr. David Allen prepared by Toole Surveying Company, Inc.
dated November 14, 2016, last revised February 21, 2018 and recorded in the
Office of the RMC for Edgefield County, South Carolina, in Judgment Roll #
40137. Reference is made to said plat, which is incorporated herein by reference,
for a more complete and accurate description as to the metes, bounds and location
of said property.
BEING the same property conveyed to NAP Properties, LLC by deed of Prescott
Properties, LLC dated September 3, 2015 and recorded September 8, 2015 in
Book 1541, Page 63, Edgefield County Records. Thereafter, NAP Properties,
LLC conveyed a portion of said property to North Augusta Pediatrics, LLC by
deed dated March 10, 2017 and recorded March 13, 2017 in Book 1619, Page 79,
Edgefield County Records.
Minutes of Regular Meeting of 12/03/18
Tax Map & Parcel: Portion of 106-00-00-068
Portion of 106-00-00-070
Portion of 106-00-00-061
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS 3RD DAY OF
DECEMBER, 2018.
ITEM 14. CITIZEN COMMENTS: Speaker Forms Submitted December 3, 2018
Council Meeting
Please see the attached Speaker Forms completed by citizens for the December 3,
2018 Council meeting.
Perry Holcomb
Ken Powell
Frankie Summers
Dave Leverett
Steven Bryant
Al Lafavor
There being no further business, Council adjourned at 8:27 p.m.
APP�E �US /7 DAY OF Respectfully submitted,
�� , 2018. '� r f) Lw
Donna B. Young
Robert A. Pettit, Mayor
RECUSAL STATEMENT
Member Name: �1 � �''6 r/
Meeting Date: ' - A7//f
Agenda Item: Section Number:
Topic: 'ry/�l IN/PI 40 Ara - 617?04/
The Ethics Act, SC Code§8-13-700,provides that no public official may knowingly use his 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 he 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. Failure to recuse oneself from an issue in
which there is or may be conflict of interest is the sole responsibility of the council member
(1991 Op.Atty. Gen. No. 91-37.) A written statement describing the matter requiring action and
the nature of the potential conflict of interest is required.
Justification to Recuse:
Professionally employed by or tinder contract with principal
Owns or has vested interest in principal or property
flj61f Other: G/ fi�'�f� O/ Cam/
/!t"i•c'V 7 rc(r / ]
Date: -� •�.��.�'/ /�
Mem 'er
Approved by Parliamentarian:
RECUSAL STATEMENT
Member Name: e• �z . `:- .7"-'6"
Meeting Date: / ' `3 A
Agenda Item: Section (?2o7 Number: 2i- cad° - Xi.ia
Topic: gnf -(_. /i1
The Ethics Act, SC Code§8-13-700,provides that no public official may knowingly use his 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 he 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. Failure to recuse oneself from an issue in
which there is or may be conflict of interest is the sole responsibility of the council member
(1991 Op.Atty. Gen. No. 91-37.) A written statement describing the matter requiring-action and
the nature of the potential conflict of interest is required.
Justification to Recuse:
Professionally employed by or under contract with principal
Owns or has vested interest in principal or property
2 Other: �1i'i ����
(,-,
l f J e> r
Date: /Z- /? . , <—
Me tTer
Approved by Parliamentarian:
RECUSAL. STATEMENT
Member Name: Fre4-er
Meeting Date: S
Agenda Item: Section Number: irt I
.
Topic: Re-COW-1'6A No, 2. 01 30
The Ethics Act, SC Code§8-13-700,provides that no public official may knowingly use his 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 he 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. Failure to recuse oneselffrom an issue in
which there is or may be conflict of interest is the sole responsibility of the council member
(1991 Op.Atty. Gen. No, 91-37.) A written statement describing the matter requiring action and
the nature of the potential conflict of interest is required.
Justification to Recuse:
Professionally employed by or under contract with principal
Owns or has vested interest in principal or property
Other: works -ic r \I 62 ti-k A a 9cos.)-ck Ppri,‘ ics
/7 n
Date: I
Member
Approved by Parliamentarian:
Me bohm
REALTORS
November 15, 2018
City of North Augusta City Council
100 Georgia Avenue
PO Box 6400
North Augusta, SC 29841
Re: Summer Tract Rezoning on Austin Graybill Road
This letter is to request a change to the submittal made under Rezoning file RZM18-003. After
listening to the surrounding residents and members of the City of North Augusta City Council
we would like to request to rezone this property R-7 and not R-5. We have looked at the
requirements carefully and we can make the changes to our site plans to accommodate the
requirements set forth in the City of North Ordinance for R-7 zoning.
Our intent is to execute the conceptual plan that has been submitted. We understand that the
R-5 Zoning would allow a completely different development approach and the revised request
to R-7 would give City Council a better level of comfort.
If you need anything additional from our company to facilitate this change in zoning please let
us know.
Sincerely
Keith Lawrence, P.E.
Development Manager
4426 Evans To Locks Road I Evans Georgia 30809
SPEAKER FORM
NAME: 'rev its t
ADDRESS: l C 1 J G V
iv1 A , ',(i- � . yl
TELEPHONE: g(11-3 —& -
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.
AGENDA ITEM/TOPIC:
SUMMARY:
COMMENTS TO THE CITY COUNCIL OF NORTH AUGUSTA ON ITEM 10 OF THE
PUBLISHED AGENDA FOR ITS 12/03/2018 REGULAR MEETING
(Quotes of the proposed ordinance appear in italics. My comments are in bold.)
Mr.Mayor and other members of the City Council of North Augusta:
Item 10. CITY CODE: Ordinance No.2018-02-An Ordinance Amending Section 4.1 of the Code of
Laws for the City of North Augusta Entitled "Consumption of Alcoholic Beverages in Public"
I comment to ensure what city council passes regarding this proposed ordinance is clear,
correct,and unambiguous,so each council member is well aware of what they are voting on
and that any citizen,without question or doubt,can discern what city council meant to state
by it. I shall only address sections I consider needing a prudent reassessment by each
member of city council of what is now stated,while or before city council addresses the draft
ordinance as it appears in the published agenda.
The Proposed Ordinance,Section 4-1. Consumption of Alcoholic Beverages in Public (its title)
COMMENT: Does city council wish to allow all"Alcoholic Beverages"to be consumed in
public or just beer and/or wine? If it's only beer and wine,then the title of that ordinance
should read:"Consumption Of Beer Or Wine In Designated Public Places." If that title retains
the words,"Alcoholic Beverages,"the consumption of liquor or other spirits with much
larger alcoholic percentages per unit volume SHALL be allowed. City council needs to state
up front in the ordinance title what they desire for the wishes and well being of themselves,
the community of citizens they represent,and the visitors to Riverside Village.
b) Within the area of the City known as Riverside Village, a specifically described area shall allow for
public possession and consumption under restrictions and regulations as set forth herein below. The
specific area is described as follows: on the north by Brick Pond Park; on the east by Georgia Avenue;
on the south by the Savannah River and on the west by Esplanade. (my underscore for clarity)
COMMENT: Georgia Avenue does not physically pass through Riverside Village. It passes
over it. I suggest a more easily identified eastern boundary be set, perhaps the access road
to SRP Park up to Railroad Avenue. Also,where is the southern boundary of Brick Pond Park
designated in on-site signage to inform the public of the northern boundary of the public
drinking area? When this ordinance was first introduced on 02/19/2018, I suggested
making Railroad Avenue the northern terminus of the imbibing area,actually talking about
doing that with the city administrator following the meeting.
Sec. 1 in part-Between the hours of 10:00 AM and 12:00 MIDNIGHT,any business establishment that
is licensed to sell alcoholic beverages, that is within or borders on the described area,may sell beer
and/or wine beverages in a paper or plastic cups for removal from the premises to the designated
area (my emphasis in bold and underscored)
PLEASE NOTE the underlined words,"alcoholic beverages" followed closely by,"may sell
beer and/or wine beverages". The word"may"is legally significant.
COMMENT: THE WORD,"MAY"DOES NOT LIMIT THE SALE OF ALCOHOLTO JUST BEER AND
WINE! The word,"may"provides for an option to serve hard liquors and other beverages
with higher alcoholic content. The ordinance does not state any restrictive modifiers like
"shall only sell beer and/or wine,"which legally means"must only sell beer and/or wine."
Does city council desire to limit the sale of"alcoholic beverages"to just"beer and wine,"or
does city council wish for the sale of hard liquors and spirits as well?
If city council allows the sale of hard liquors and spirits for off-premises consumption,the
council is threatening the suspension or revocation of the license of any seller of such as
issued by the Alcohol Beverage Licensing Division of the SC Department of Revenue.
Last Friday afternoon (11/30/18) I spoke with Ms.Shayna Thompson of the Alcohol
Beverage Licensing Section (1-803-898-5864). She related to me one very important license
restriction that is critical as to just how Ordinance 2018-02 will be affected if passed as now
drafted.
She stated: "Any establishment selling liquors or hard spirits to be consumed off-premises
must furnish them in a'sealed container'to the purchaser." A paper or plastic cup with a lid
on top is not a"sealed container." In South Carolina,the purchaser of an alcoholic beverage
containing liquor or other distilled spirits cannot legally remove it from the premises where
bought unless it is in a"sealed container."
As an aside and for informational purposes only,she also mentioned SLED is the State body
responsible for the enforcement of the licenses since they are State-issued. SLED may be
contacted(1-803-737-9000) by anyone to report a violation of the license.
Sec. 1 in part -No cans, bottles or glass containers of any nature may be utilized.No person shall
remove more than two(2)beverages from the premises at any one time. (my emphasis in bold and
underscored)
COMMENT:Such an action is not only imprudent,it could also result in grievous occurrences.
I request city council to please consider limiting the quantity to"one (1)"beverage to one
person at a time. Doing so will prevent two possibly untoward actions by the carrier of
almost a pint of beer and/or wine. Such quantities of"alcoholic beverages will be carried in
each hand IF city council allows. The carrier could easily eive one to an underage person or
to someone who's already had"enough." Does the city council wish to allow such,much less
promote it,by passing an unwise ordinance?
COMMENT: I request city council to please consider what could happen if a person with two
16-oz open containers stumbles,is jostled,or otherwise missteps to cause spillage of the
contents of the containers on some other person or persons. This is another reason for city
council to consider limiting the takeout to only one 16-oz cup of beer and/or wine. The
consumer can always go back for more.
Sec.3 states in the first sentence -Any alcoholic beverage dispensed pursuant to this section must
be contained within a paper or plastic cup, not to exceed 16 fluid ounces in size. (my emphasis in bold
and underscored)
2
COMMENT: Please note the bold and underscore. If city council passes this ordinance as it
now reads without stating"Beer and/or Wine" in place of"any alcoholic beverage,"city
council shall again be allowing the sale of ANY"alcoholic beverage"to the customer, not just
beer and/or wine! This wording is very important from a legal standpoint as I have already
specified at the top of p.2 in my first comment on Sec. 1 of the proposed ordinance
concerning the use of"may" instead of"shall."
COMMENT: City council must realize a"serving"of an alcoholic beverage contains the same
amount of alcohol. The National Institute on Alcohol Abuse and Alcoholism states: "One
'standard'drink in the US contains either 12 ounces of regular beer,5 ounces of wine,or 1.5
ounces of 40% (80-proof) distilled spirits." They all have the same alcoholic content.
Another very important fact-the State of SC does NOT regulate the amount of liquor or
distilled spirits to be poured into a drink or"shot." See: https://dor.sc.gov/tax-
index/abl/Pages/faq.aspx
So,when properly permitted licensees serve a person two 16-ounce cups containing a total
of 30 ounces of beer,they are giving him/her 2.5 "standard servings." If they receive 30 total
ounces of wine,that's 6"standard servings." If city council permits the serving of 20 ounces
of liquor or distilled spirits (10 oz.in each cup) "on the rocks,"that is just over 13 "standard
servings"of alcohol. If city council allows such irresponsible actions as to serving"hard"
liquor in such an inappropriate manner,the city could suffer from any injurious
consequence produced by an obvious overuse of alcohol in Riverside Village.
CONCLUSIONS: There is absolutely no reason for city council to rush to pass such an
important ordinance as now written,which could adversely affect the lives of our citizens
and others visiting Riverside Village,especially those with children. It could adversely affect
the lives of those involved in an accident caused by someone driving under the influence as a
result of visiting the city's"area...for public possession and consumption." Not giving proper
control by ordinance of the sale of alcohol to those who come to"imbibe and socialize"could
turn Riverside Village into a"hooch hole,"something the city should not be proud of.
Therefore,I strongly suggest city council consider tabling the proposed motion until each
member of city council has had time to carefully,cautiously,and conscientiously consider
my foregoing comments and what could occur if the ordinance were to be passed as now
written.
I also suggest city council have the city attorney rewrite the ordinance to concur with city
council's wishes regarding a designated drinking area for the public consumption of
alcoholic beverages of any sort. City council could conduct such a process at a study session
where direct contact with the city attorney would allow him to produce an ordinance that
city council and the citizens of our community will have no qualms about its passing.
Sincerely,
H. Perry Holcomb
12/03/2018
3
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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: 1 2) Icy
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