010620 Council mtg Mins North
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South Carolina's Riuerfront
MINUTES OF JANUARY 6,2020
Robert A. Pettit, Mayor
J Robert Brooks, Councilmember
Pat C. Carpenter, Councilmember
Fletcher L. Dickert, Councilmember
David W. McGhee, Councilmember
Eric H Presnell, Councilmember
Kevin W Toole, Councilmember
ORDER OF BUSINESS
REGULAR MEETING
The regular meeting of the City Council of the City of North Augusta of January 6, 2020 having
been duly publicized was called to order by Mayor Pettit at 7:02 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 the Pledge of Allegiance.
Members present were Mayor Pettit, Councilmembers Brooks, Carpenter, Dickert, McGhee,
Presnell,and Toole.
Also in attendance were Rachelle Moody,Interim City Administrator,Kelly F.Zier,City Attorney;
Cammie T. Hayes, Director of Finance; Richard L. Meyer, Director of Parks, Recreation, &
Tourism; John C. Thomas,Director of Public Safety; Thomas C. Zeasey Director of Engineering
and Public Works; James E. Sutton, Director of Public Services; Lillian E. (Libby) Hodges,
Director of Planning and Development; J.D. McCauley, Manager of Human Resources; and
Sharon Lamar,City Clerk. Members of the public and the media were also present.
The minutes of the regular meeting and study session of December 16, 2019 were approved by
general consent.
Mayor Pettit reminded those in attendance that citizens are always welcome to comment on each
agenda item, as well as, address Council during Citizen Comments near the end of the agenda.
Citizens who wish to speak should raise their hand to be called upon. Before sharing their thoughts
with Council, speakers should clearly state their full name and address. Speaker forms are
available for those who wish to have their topic included in the minutes of the meeting.
ITEM 5 PERSONNEL: Ruth Taylor Retirement—Recognition of Service to the City
of North Augusta
Ruth Taylor is a dispatcher and started with Public Safety in November 08, 1989. A dispatcher
position is one of the most vital to the work of Public Safety. You are the main link between any
crisis and the solution. If you fail to do your part youjeopardize the entire process. She makes it a
priority to listen to the radio traffic and answer the phones as quick as possible so that she can help
the Citizens of North Augusta in a timely manner. She always has a more than willing to attitude
when it comes to helping out her co-workers and the guys on shift. The constant desire to help
people and great attitude at work are what sets Dispatcher Ruth Taylor above and beyond. Thank
you for your 30 years of service Ruth.
ITEM 6 PLANNING AND DEVELOPMENT: Ordinance No. 2019-20—Amending
Article 3 Zoning Districts Table 3-2 Use Matrix and Article 4,Section 4.7, of the North
Augusta Development Code Chapter 18 of the City of North Augusta, South Carolina
Code of Ordinances. Ordinance—Third and Final Reading
Councilmembers McGhee, Presnell, and Toole recused themselves from the discussion or
consideration of this ordinance due to a business relationship with the principal. On motion of
Cow eilmember Dickert, second of Councilmember Carpenter, Council considered on third and
final reading an ordinance to amend Article 3, Zoning Districts,Table 3-2, Use Matrix,and
Article 4, Section 4.7. of the North Augusta Development Code, Chapter 18 of the City of North
Augusta, South Carolina Code of Ordinances. The ordinance was adopted with a 4-0 vote;
Mayor Pettit and Councilmembers Brooks, Carpenter, and Dickert were the approving members.
The text of the proposed ordinance is below:
ORDINANCE NO. 2019-20
AMENDING ARTICLE 3 ZONING DISTRICTS.TABLE 3-2,USE MATRIX,AND
ARTICLE 4 SECTION 4.7. OF THE NORTH AUGUSTA DEVELOPMENT CODE
CHAPTER 18 OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA CODE OF
ORDINANCES
WHEREAS, on December 17, 2007, by Ordinance 2007-22, the North Augusta
City Council adopted the North Augusta Development Code which is consistent with the City's
Comprehensive Plan and which incorporates all City zoning and land development regulations;
and
WHEREAS,pursuant to Section 5.3.3.2 Text Amendments in Article 5, Approval
Procedures, of the North Augusta Development Code, any person, property owner, board,
commission,department or the City Council may apply for a change in zoning ordinance text; and
WHEREAS,the North Augusta Planning Commission, following a November 21,
2019,public heating,reviewed and considered a request by the Hammond House to amend Table
3-2, entitled "Use Matrix," and Article 4, entitled "Supplemental Use Regulations," of the North
Augusta Development Code to revise requirements for Bed and Breakfasts related to standards in
Article 3, Zoning Districts, and Article 4, Supplemental Use Regulations, of the North Augusta
Development Code. The Planning Commission report has been provided to City Council for
consideration.
The Mayor and City Council have reviewed the request as well as the report from
the Planning Commission and has determined that the change to the text of the Development Code
is appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA,SOUTH CAROLINA,IN MEETING DULY
ASSEMBLED AND BY THE AUTHORITY THEREOF, THAT:
I. The North Augusta Development Code, Chapter 18 of The City of North Augusta,
South Carolina Code of Ordinances, Providing for New Zoning and Land
Development Regulations for the City of North Augusta, South Carolina, is hereby
amended and shall read as described in the following section. The section of the
Code affected by the proposed amendment is identified by the section number.
A. Table 3-2, entitled"Use Matrix", item 4.1, is amended to read:
Table 32 USE MATRIX
(Rw.12-14)8;Ord 2008-181(Ree.8-17-09;Ord.2009-071 Rev,3-15-10;Drd.2010-05)
(Rev.8-16-10;Ord 2010-12)(Rev 11-2-15;Ord.2015-17)(Rev.6-20-16;Ord 206-131(Re,.xx-x-xx,Ord 2020-xx)
Key:"P"means permitted as of right,as a pit mary or an accessory use,"S"means permitted only as a Special
Exception,"C"means permitted as a Conditional Use,"A"means permitted Only as an accessory use,"_"
means prohibited. "A/C"means that the accessary use requires a Conditional Use Permit Refer to Appendix A
or the sources referred to under"La rad Use Coding"for s pecific definitions of uses.
Landlae Ce3ft Inning Distieb
A B C D E F O B I J K L M N O
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L e - 8 e
Use L - i _ Y W E - o
2 Q E S 8 V A .t
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4 Accommodations and Group Living
4.1 Bed and breakfast(subieet to§4.7) 1310 721191 -- S S S S P -- P P P
B. Section 4.7 entitled`Bed and Breakfast", is amended to read:
4.7 BED AND BREAKFAST
Bed and Breakfast Inns located in any zoning district where permitted by the Use
Matrix, Table 3-2, may include the following related activities where indicated by a "P"
in Table 4-2 below. Bed and Breakfast Inns located in any zoning district where allowed
as a Special Exception by the Use Matrix, Table 3-2, may be subject to additional
conditions where indicated by a "C" in Table 4-2 below:
TABLE 4-2 BED AND BREAKFAST RELATED ACTIVITIES
A B C D E
Accessory Use D,GC,TC NC Districts Hoe Residential
Districts Ocmcupation Districts
1. Restaurant P P C
2. Bar P C C
3. Stage P -- — C
entertainment
4. Dance floor P C
5. Health club P C
6. Gift shop P P C
7. Related p C -- C
activities
The Board of Zoning Appeals may approve conditional activities and additional
"related activities," as shown above, upon a determination that the activities will not
create traffic hazards or congestion, create parking problems, create a public
nuisance, or adversely affect surrounding properties.
In a residential zoning district, a Bed and Breakfast with up to six bedrooms for
registered overnight guests shall be subject to the following:
1) Shall only be allowed as a Special Exception.
2) The minimum site size shall be 1 acre.
3) The minimum house size shall be 3000 gross square feet.
4) The use shall not create noise, light, traffic, or other conditions detrimental to
neighboring residents.
5) The owner shall comply with all tax, business license, and revenue collection
ordinances of the City and State.
6) Must have an approved site plan that shows, at a minimum:
a) Any provided off-street and overflow parking. Parking must comply with
Article 10 and 12 and associated Development Code standards.
b) Locations of outdoor facilities including tents, stages or other structures
and facilities that may be used for any temporary or permanent events.
c) Buffering between this property and any other residential use to the
standards of a Type B Buffer in Article 10.
d) Any other items as determined by the Director of Planning and
Development or Engineering.
7) The structure used for the Bed and Breakfast must be existing and may be
modified only as necessary to meet building codes or assure the safety of
any structure on site for the purpose of accommodating allowed uses.
6) The structure shall be and remain single-family residential in character.
9) Retail sales are limited to postcards, shirts, and other small gift items directly
associated with the Bed and Breakfast only. Items for sale should not be
visible from the right-of-way.
10) Signage may not exceed the requirements of Article 13 unless a variance or
waiver is issued as allowed in the code.
11) Accessory buildings may be used for "related activities' as approved on the
site plan or determined by the Director.
II. All other Ordinances or parts of Ordinances in conflict herewith are, to the extent
of such conflict, hereby repealed.
III. This Ordinance shall become effective immediately upon its adoption on third
reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
,2019.
Please see ATTACHMENT#6 for copies of the recusal statements of Councilmembers McGhee,
Presnell, and Toole.
ITEM 7. CITY PROPERTY: Ordinance No.2019-21 —To Approve the Execution
of a Quit Claim Deed, Conveying Property to the Bergen Place West Community
Association Inc. for the Purpose of Transferring a Portion of Parcel 005-09-13-037,which
Belongs to the City. Ordinance-Third and Final Reading
On motion of Councilmember McGhee, second of Councilmember Presnell, Council considered
an ordinance on third and£mal reading to approve the execution of a Quit Claim Deed,conveying
property to the Bergen Place West Community Association Inc. for the purpose of transferring a
portion of parcel 005-09-13-037, which belongs to the City. There were no comments from
citizens or Council. The final reading of the ordinance was passed unanimously.
The text of the proposed ordinance is below:
ORDINANCE NO. 2019-21
TO APPROVE THE EXECUTION OF A OuFr CLAIM DEED, CONVEYING
PROPERTY TO THE BERGEN PLACE WEST COMMUNITY ASSOCIATION,FOR THE
PURPOSE OF TRANSFERRING A PORTION OF PARCEL 005-09-13-037,
WHICH BELONGS TO THE CITY.
WHEREAS, Bergen Place West Community Association, Inc., notified the City
North Augusta(hereinafter referred to as "The City")that when plats were prepared for common
area for dedication to The City, a small portion of property was inadvertently deeded to the City
that was intended to remain in ownership of The Bergen Place West Community Association,Inc.;
and
WHEREAS,the area in question consists of 0.04±acres as shown on a plat prepared
for Bergen Place West Community Association, Inc., dated the 28" day of October, 2019 and
revised December 5,2019. A copy of said plat is attached to the proposed Quit-Claim Deed; and
WHEREAS, City has determined that the area is not being used by the City, nor
has any value to the City; and
WHEREAS,the Mayor and City Council have determined that it is the best interest
of the City to execute the Quit-Claim Deed that is attached hereto, marked as "Exhibit A" and
incorporated by reference, transferring the 0.04+/- acres, a portion of parcel 005-09-13-037, to
Bergen Place West Community Association,Inc.
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 City Administrator is hereby authorized to execute the Quit Claim to
Real Estate attached hereto marked "EXHIBIT A" and incorporated by
reference, on behalf of the City and to deliver same to Bergen Place West
Community Association, Inc.
2. All other ordinances or parts of other ordinances in conflict herewith are to
the extent of such conflict,hereby repealed.
3. This Ordinance shall become effective upon its adoption on the third
reading.
DONE,RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
12019.
ITEM 8. ANNEXATION : Ordinance No. 2019-22 - to Change the Corporate
Limits of the City of North Augusta by Annexing±350.73 Acres of Property Located along
Gregory Lake Road in Edgefield County,South Carolina and Owned by Carolyn C.
Baggott,Mary C.Havron, and Jean C.Beall.Ordinance Third and Final Reading
On the motion of Councilmember Presnell, second of Councilmember Brooks, Council
considered an ordinance on third and final reading to change the corporate limits of the City of
North Augusta by annexing±3 50.73 acres of property located along Gregory Lake Road in
Edgefield County, South Carolina. There were no comments from citizens or Council. The final
reading of the ordinance was passed unanimously.
The text of the proposed ordinance is below:
ORDINANCE NO. 2019-22
TO CHANGE THE CORPORATE LIMITS OF THE CITY OF NORTH AUGUSTA BY
ANNEXING± 350.73 ACRES OF PROPERTY LOCATED
ALONG GREGORY LAKE ROAD AND OWNED BY
CAROLYN C BAGGOTT, MARY C. HAVRON, AND JEAN C. BEALL
WHEREAS,Section 5-3-150(3)of the Code of Laws of the State of South Carolina
provides that: 'Notwithstanding the provisions of subsections (1) and (2) of this section, any area
or property which is contiguous to a municipality may be annexed to the municipality by filing
with the municipal governing body a petition signed by all persons owning real estate in the area
requesting annexation. Upon the agreement of the governing body to accept the petition and annex
the area, and the enactment of an ordinance declaring the area annexed to the municipality, the
annexation is complete'; and
WHEREAS,the Mayor and City Council of the City of North Augusta,by adoption
of Resolution No.2019-45 dated December 16,2019,accepted a Petition for Annexation and wish
to annex the below described properties; and
WHEREAS,the zoning classification recommended for the properties proposed for
annexation has been reviewed for consistency with the Future Land Use Classification of the
properties as specified in the Land Use Element of the North Augusta 2017 Comprehensive Plan;
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 following described property shall be annexed into the City of North Augusta:
Edgefield County Tax Map and Parcel Number 105-00-00-009-000 containing
262.54±acres and Edgefield County Tax Map and Parcel Number 106-00-00-022-
000 consisting of 88.19±acres. Said property is more specifically identified in the
attachment hereto marked 'Exhibit B" titled "Map of Property Sought to be
Annexed to the City of North Augusta."Said map is dated November 14,2019,and
prepared by the City of North Augusta.
The property to be annexed shall be zoned R-14, Large Lot Single-Family
Residential as shown on a map identified as "Exhibit B"titled"Zoning of Property
Sought to be Annexed to the City of North Augusta." Said map is dated November
14, 2019 and prepared by the City of North Augusta.
II. All ordinances or parts of Ordinances in conflict herewith are,to the extent of such
conflict,hereby repealed.
I1I. This Ordinance shall become effective immediately upon its adoption on third and
final reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
DAY OF 2020.
ITEM 9. ANNEXATION: Ordinance No. 2019-23 to Change the Corporate Limits
of the City of North Augusta by Annexing±2.62 Acres of Property Located at 557
Plantation Drive and Owned by Michael T. Monaco and Karen M. Monaco. Ordinance=
Third and Final Reading
On motion of Councilmember Dickert,second of Councilmember Carpenter, Council agreed to
consider on third and final reading an ordinance to change the corporate limits of the City of
North Augusta by annexing f2.62 acres of property located at 557 Plantation Drive. There were
no comments from citizens or Council. The final reading was approved unanimously.
The text of the proposed ordinance is below:
ORDINANCE NO.2019-23
TO CHANGE THE CORPORATE LIMITS
OF THE CITY OF NORTH AUGUSTA BY ANNEXING
t 2.62 ACRES OF PROPERTY LOCATED
AT 557 PLANTATION DRIVE
AND OWNED BY MICHAEL T. MONACO
AND KAREN M. MONACO
WHEREAS, Section 5-3-150(3)of the Code of Laws of the State of South Carolina
provides that: "Notwithstanding the provisions of subsections (1)and(2) of this section, any area
or property which is contiguous to a municipality may be annexed to the municipality by filing
with the municipal governing body a petition signed by all persons owning real estate in the area
requesting annexation. Upon the agreement of the governing body to accept the petition and annex
the area, and the enactment of an ordinance declaring the area annexed to the municipality, the
annexation is complete"; and
WHEREAS,the Mayor and City Council of the City of North Augusta,by adoption
of Resolution No.2019-46 dated December 16,2019,accepted a Petition for Annexation and wish
to annex the below described properties; and
WHEREAS,the zoning classification recommended for the properties proposed for
annexation has been reviewed for consistency with the Future Land Use Classification of the
properties as specified in the Land Use Element of the North Augusta 2017 Comprehensive Plan;
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:
IV. The following described property shall be annexed into the City of North Augusta:
All that lot or parcel of land with improvements thereon, situate, lying and
being in the State of South Carolina, County of Aiken, being shown and
designated as 2.62 acres, more or less,as shown on a plat prepared by Tony
L. Carr, Sr. & Associates dated April 29, 1986 and recorded in the Office
of the RMC for Aiken County, South Carolina, in Misc. Book 440, Page
149; reference being made to said plat for a more complete and accurate
description as to the metes,bounds and location of said property.
This being the same property conveyed to Michael T. Monaco and Karen
M. Monaco by deed dated December 17,2012, and recorded on December
26,2012, in RB 4438, Page 677-680, aforesaid RMC Office.
Tax map&parcel number: 002-08-03-002
The property to be annexed is also shown on a map identified as "Exhibit
A" titled "Map of Property Sought to be Annexed to the City of North
Augusta" dated October 21, 2019, and prepared by the City of North
Augusta.
V. The zoning classification recommended for the properties to be annexed is
consistent with the Future Land Use Classification of the properties as specified in
the North Augusta 2017 Comprehensive Plan; therefore, the properties shall be
zoned R-14, Large Lot Single Family Residential, as shown on a map identified as
"Exhibit B"titled "Zoning of Property Sought to be Annexed to the City of North
Augusta"dated October 21, 2019, and prepared by the City of North Augusta.
VI. All ordinances or parts of Ordinances in conflict herewith are,to the extent of such
conflict,hereby repealed.
VII. 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 , 2019.
ITEM 10. LEGAL: 2020 Jury Box—Motion to Accent
On motion of Councilmember Carpenter, second of Councilmember Brooks, Council agreed
unanimously to accept the 2020 Municipal Jury Box containing names of all registered voters
and the names of individuals with South Carolina driver's license in our jurisdiction.
ITEM 11. PLANNING AND DEVELOPMENT: Planning Commission
Recommendation Memorandum #19-047 and Project Staff Report RZ19-006: Articles 3. 4,
and 19—Signs. Receipt of Information
On motion of Councilmember Toole, second of Councilmember Presnell, Council agreed
unanimously to accept for information the Planning Commission Recommendation
memorandum#19-047 and Project Staff Report RZ 19-006.
Please see ATTACHMENT#1I for a copy of the memo and report.
ITEM 12. PLANNING AND DEVELOPMENT: Ordinance 2020-01 —Amending
Article 3-Zoning Districts,Article 4-Supplemental Regulations, and Article 19-Non-
Conforming Uses of the North Augusta Development Code,Chapter 18 of the City of North
Augusta, South Carolina Code of Ordinances
A. First Reading
On motion of Councilmember Toole, second of Councilmember Brooks, Council agreed to
consider on first reading an ordinance to amend Article 3-Zoning Districts,Article 4-
Supplemental Regulations, and Article 19-Non-Conforming Uses of the North Augusta
Development Code, Chapter 18 of the City of North Augusta Code of Ordinances. There were
no comments from citizens or Council. The first reading was approved unanimously.
B. Second Reading
On motion of Councilmember Dickert, second of Councilmember Presnell, Council agreed to
consider on second reading an ordinance to amend Article 3-Zoning Districts,Article 4-
Supplemental Regulations, and Article 19-Non-Conforming Uses of the North Augusta
Development Code,Chapter 18 of the City of North Augusta Code of Ordinances. There were
no comments from citizens or Council. The second reading was approved unanimously
The text of the proposed ordinance is below:
ORDINANCE NO. 2020-01
AMENDING ARTICLE 3,ZONING DISTRICTS, ARTICLE 4. SUPPLEMENTAL
REGULATIONS AND ARTICLE 19,NON-CONFORMING USES OF THE NORTH
AUGUSTA DEVELOPMENT CODE, CHAPTER 18 OF THE CITY OF NORTH AUGUSTA,
SOUTH CAROLINA CODE OF ORDINANCES
WHEREAS, on December 17, 2007, by Ordinance 2007-22, the North Augusta
City Council adopted the North Augusta Development Code which is consistent with the City's
Comprehensive Plan and which incorporates all City zoning and land development regulations;
and
WHEREAS, pursuant to Section 5.3.3.2 Text Amendments in Article 5, Approval
Procedures, of the North Augusta Development Code, any person, property owner, board,
commission,department or the City Council may apply for a change in zoning ordinance text;and
WHEREAS, the North Augusta Planning Commission, following a December 19,
2019, public hearing, reviewed and considered a request by the Planning and Development
Department to amend Article 3, entitled"Zoning Districts,"Article 4, entitled`Supplemental Use
Regulations," and Article 19, entitled "Non-Conforming Uses," of the North Augusta
Development Code to remove conflicting requirements for signage. The Planning Commission
report has been provided to City Council for consideration.
The Mayor and City Council have reviewed the request as well as the report from
the Planning Commission and has determined that the change to the text of the Development Code
is appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA,SOUTH CAROLINA,IN MEETING DULY
ASSEMBLED AND BY THE AUTHORITY THEREOF, THAT:
I. The North Augusta Development Code, Chapter 18 of The City of North Augusta,
South Carolina Code of Ordinances, Providing for New Zoning and Land
Development Regulations for the City of North Augusta, South Carolina, is hereby
amended and shall read as described in the following section. The section of the
Code affected by the proposed amendment is identified by the section number.
A.Article 3, Zoning Districts, is amended to read:
a. Section 3.8, Overlay Districts:
i. §3.8.4.5.Outdoor Display and Sale-Goods shall not be displayed or stored on the
exterior of the building except under a porch roof,cave or overhang permanently affixed
to the building.Outdoor displays shall not restrict free pedestrian movement and a
walkway of not less than five(5)feet wide shall be maintained between the doorway(s),
exit(s)and the public sidewalk.Exterior merchandise displays are not permitted on the
right of way,front or side yards,open porches or other outside areas except for forty-
eight(48)hours during permitted special events for no longer than forty-eight(48)hours.
Longer term or permanent exterior merchandise displays may be permitted if the outdoor
display or sale,or both,is conditionally approved pursuant to §4.34.
ii. §3.8.5.9 Signs—Signs are permitted in accordance with the provisions of Article 13,
Signs,for the base zoning district.
iii. §3.8.6.8 Signs
3.8.6.8.1 Signs are permitted in accordance with the provisions of Article 13,
Signs.
B. Article 4, Supplemental Use Regulations, Section 4.35.81 is amended to read:
i. §4.35.8.Farmers and Produce Markets
f. Signage shall be permitted in accordance with the provisions of Article
13: Signs,provided, however,that the duration of the signage may
coincide with the temporary duration of the use. One freestanding sign
may be permitted,the maximum size of which shall not exceed thirty-two
(32) square feet, and wall signage may be permitted up to a maximum of
fifty(50) square feet.
C. Article 19,Nonconforming Uses, Section 19.2.3 Determination of Nonconforming
Lots,Buildings and Structures, is amended to read:
i. § 19.2.3 Determination of Nonconforming Lots,Buildings and Structures
Nonconforming lots,buildings and structures, except signs, which are
governed by Article 13, shall be determined by the prescribed dimensional
and design standards for lots, buildings and structures located in base
zoning districts, special zoning districts, and overlay zoning districts
provided for in this Chapter.
D. Articles 3,4 and 19,Table of Contents will be edited to reflect new page numbers,titles or item numbering
associated with the text changes outlined herein.
II. All other Ordinances or parts of Ordinances in conflict herewith are, to the extent
of such conflict,hereby repealed.
III. This Ordinance shall become effective immediately upon its adoption on third
reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF 12020.
ITEM 13. PLANNING AND DEVELOPMENT: Planning Commission Recommendation
Memorandum #19-048 and Project Staff Report: RZM19-004, 311 W. Martintown Road.
Receipt of Information by Council
On motion of Coancilmember Carpenter, second of Councilmember Toole, Council agreed to
receive for information the Planning Commission Recommendation Memorandum #19-048 and
Project Staff Report: RZM19-004, 311 W. Martintown Road.
Please see ATTACHMENT#13 for a copy of the memo and report.
ITEM 14, ZONING: Ordinance 2020-02—To Amend the Zoning Map of the City of
North Augusta,South Carolina by Rezoning±2.43 Acres of Land Owned by the City of North
Augusta, and Located East of Martintown Road, West of Clay Street, South of Hampton
Street, and North of Observatory Avenue,Aiken County Tax Parcel#007-07-07-003,from R-
14, Large Lot,Single-Family Residential,to P, Public Use
A. First Reading
On motion of Mayor Pettit, second of Councilmember Presnell,Council agreed to consider on first
reading an ordinance to amend the zoning map of the City of North Augusta by rezoning ±2.43
acres of land owned by the City of North Augusta, and located East of Martintown Road, West of
Clay Street, South of Hampton Street,and North of Observatory Avenue,Aiken County Tax parcel
4007-07-07-003, from R-14, Large Lot, Single-Family Residential, to P, Public Use.
The following citizens commented. (Speaker forms are attached.)
Briton Williams
Steven Bryant
Councilmembers Carpenter, Toole and Presnell also commented. The first reading was approved
with no dissention.
B. Second Reading
On motion of Mayor Pettit, second of Councilmember Presnell, Council agreed to consider on
second reading an ordinance to amend the zoning map of the City of North Augusta by rezoning
±2.43 acres of land owned by the City of North Augusta, and located East of Martintown Road,
West of Clay Street, South of Hampton Street, and North of Observatory Avenue, Aiken County
Tax parcel 4007-07-07-003, from R-14, Large Lot, Single-Family Residential, to P, Public Use.
There were no comments from citizens or Council. The second reading was approved with no
dissention.
Please the text of the proposed ordinance below:
ORDINANCE NO. 2020-02
TO AMEND THE ZONING MAP OF THE CITY OF NORTH AUGUSTA
SOUTH CAROLINA BY REZONING±2.43 ACRES OF LAND OWNED BY
CITY OF NORTH AUGUSTA,AND LOCATED EAST OF MARTINTOWN ROAD, WEST
OF CLAY STREET, SOUTH OF HAMPTON STREET,AND NORTH OF OBSERVATORY
AVENUE,AIKEN COUNTY TAX PARCEL 4007-07-07-003, FROM
R-14 LARGE LOT, SINGLE-FAMILY RESIDENTIAL,
TO P,PUBLIC USE.
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 December 19,
2019, public hearing, reviewed and considered a request by the City of North Augusta,to amend
the Official Zoning Map of North Augusta from Large Lot, Single-Family Residential (R-14) to
Public Use(P). The Planning Commission report has been provided to City Council.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA,SOUTH CAROLINA,IN MEETING DULY
ASSEMBLED AND BY THE AUTHORITY THEREOF, THAT:
I. A parcel consisting of±2.43 acres owned by the City of North Augusta, located
East of Martintown Road,West of Clay Street, South of Hampton Street and North
of Observatory Avenue is hereby rezoned from R-14, Large Lot, Single-Family
Residential to P,Public Use. Said property is Aiken County tax map parcel#007-
07-07-003 and specifically identified on Exhibit"A" attached hereto.
II. The Official Zoning Map for the City of North Augusta is hereby amended to reflect
this rezoning.
III. 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.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
, 2020.
ITEM 15. ANNEXATION: Property Located at 1443 Hammond Pond Road
A. Petition, Resolution No. 2020-01 —To Accept a Petition of Annexation of±2.816 Acres of
Property Located sat 1443 Hammond Pond Road and Owned by Jerrold R Sinquefield
On the motion of Councilmember Brooks,second of Councilmember Dickert, Council considered
a resolution to accept a petition of annexation of ±2.816 acres of property located at 1443
Hammond Pond Road and owned by Jerrald R. Sinquefield. There were no comments from
citizens or Council. The resolution was adopted unanimously.
The text of the proposed resolution is below:
RESOLUTION NO. 2020-01
TO ACCEPT A PETITION FOR ANNEXATION
OF±2.816 ACRES OF PROPERTY LOCATED
AT 1443 HAMMOND POND ROAD AND OWNED BY JERRALD R. SINOUEFIELD
WHEREAS,Section 5-3-150(3)of the Code of Laws of the State of South Carolina
provides that: "Notwithstanding the provisions of subsections (1)and(2)of this section,any area
or property which is contiguous to a municipality may be annexed to the municipality by filing
with the municipal governing body a petition signed by all persons owning real estate in the area
requesting annexation. Upon the agreement of the governing body to accept the petition and annex
the area, and the enactment of an ordinance declaring the area annexed to the municipality, the
annexation is complete"; and
WHEREAS, the governing body of the City of North Augusta determines it to be
in the best interest of the City to accept a petition for annexation attached hereto dated December
13,2019.
The property sought to be annexed is described as follows:
All that certain piece, parcel or tract of land, containing 2.816 acres, situate, lying
and being just North of North Augusta in the County of Aiken, State of South Carolina,all
of which is more fully shown on a plat made by Joe L. Grant, Surveyor, dated July 23,
1973 and recorded in Misc. Book 177, page 229, records of the RMC Office for Aiken
County,South Carolina,reference being made to said plat for a more complete and accurate
description as to the metes, bounds and location of said property.
Being the same property conveyed to the Grantor in Title Book 4135, Page 1037-1040.
Tax Parcel No. 002-08-04-001
The property to be annexed is also shown on a map identified as "Exhibit A" titled
"Map of Property Sought to be Annexed to the City of North Augusta" dated October 21,
2019, and prepared by the City of North Augusta.
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 the Petition to
annex the property described herein is hereby accepted.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
12020.
B. Ordinance No.2020-03—To Change to Corporate Limits of the City of North Augusta
by Annexing±2.816 Acres of Land Located at 1443 Hammond Pond Road and Owned by
Jerrald R. Sinquefield
a. First Reading
On motion of Councilmember McGhee, second of Councilmember Presnell,Council considered
on first reading an ordinance to change the corporate limits of the City of North Augusta by
annexing±2.81 acres of land located at 1443 Hammond Pond Road and owned by Jerrold R.
Sinquefield. There were no comments from citizens or Council. The first reading was approved
unanimously.
b. Second Reading
On motion of Councilmember Carpenter, second of Councilmember Toole, Council considered
on second reading an ordinance to change the corporate limits of the City of North Augusta by
annexing±2.81 acres of land located at 1443 Hammond Pond Road and owned by Jerrald R.
Sinquefield. There were no comments from citizens or Council. The second reading was
approved unanimously.
The text of the proposed ordinance is below:
ORDINANCE NO. 2020-03
TO CHANGE THE CORPORATE LIMITS OF THE CITY OF NORTH AUGUSTA BY
ANNEXING±2.816 ACRES OF LAND LOCATED AT 1443 HAMMOND POND ROAD AND
OWNED BY JERRALD R. SINOUEFIELD
WHEREAS, Section 5-3-150(3)of the Code of Laws of the State of South Carolina
provides that: "Notwithstanding the provisions of subsections (1)and(2) of this section, any area
or property which is contiguous to a municipality may be annexed to the municipality by filing
with the municipal governing body a petition signed by all persons owning real estate in the area
requesting annexation. Upon the agreement of the governing body to accept the petition and annex
the area, and the enactment of an ordinance declaring the area annexed to the municipality, the
annexation is complete"; and
WHEREAS,the Mayor and City Council of the City of North Augusta,by adoption
of Resolution No. 2020-01 dated January 6, 2020, accepted a Petition for Annexation and wish to
annex the below described properties; and
WHEREAS,the zoning classification recommended for the properties proposed for
annexation has been reviewed for consistency with the Future Land Use Classification of the
properties as specified in the Land Use Element of the North Augusta 2017 Comprehensive Plan;
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:
VIII. The following described property shall be annexed into the City of North Augusta:
All that certain piece, parcel or tract of land, containing 2.816 acres, situate, lying
and being just North of North Augusta in the County of Aiken, State of South
Carolina,all of which is more fully shown on a plat made by Joe L.Grant,Surveyor,
dated July 23, 1973 and recorded in Misc. Book 177,page 229,records of the RMC
Office for Aiken County, South Carolina, reference being made to said plat for a
more complete and accurate description as to the metes,bounds and location of said
property.
Being the same property conveyed to the Grantor in Title Book 4135, Page 1037-
1040.
Tax Parcel No. 002-08-04-001
The property to be annexed is also shown on a map identified as "Exhibit A"titled
"Map of Property Sought to be Annexed to the City of North Augusta" dated
October 21,2019, and prepared by the City of North Augusta.
The property to be annexed shall be zoned R-14, Large Lot Single-Family
Residential as shown on a map identified as "Exhibit B"titled"Zoning of Property
Sought to be Annexed to the City of North Augusta." Said map is dated October
21, 2019 and prepared by the City of North Augusta.
IX. All ordinances or parts of Ordinances in conflict herewith are,to the extent of such
conflict,hereby repealed.
X. This Ordinance shall become effective immediately upon its adoption on third and
final reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
DAY OF , 2020.
ITEM 16 ANNEXATION• Property Generally Referred to as the North Aueusta
Country Club Property
A.Petition,resolution No.2020-02—To Authorize the Annexation of Property Recently
Acquired by the City. Such Property Being Generally Referred to as the North Augusta
Country Club Property.
On motion of Councilmember Presnell, second by Councilmember McGhee, Council considered
a resolution to annex property recently acquired by the City. Since the property is owned by the
City, Kelly Zier,City Attorney, explained the annexation process. The resolution was adopted
unanimously.
The text of the proposed resolution is below:
RESOLUTION NO. 2020-02
TO AUTHORIZE THE ANNEXATION OF PROPERTY RECENTLY AOUIRED BY THE
CITY. SUCH PROPERTY BEING GENERALLY REFERRED TO AS THE NORTH
AUGUSTA COUNTRY CLUB PROPERTY.
WHEREAS, the City recently acquired by purchase 147.98 +/- acres of real
estate as evidenced by deed recorded in the office of the Clerk of Court for Edgefield County
in record book 001765 at page 0241; and,
WHEREAS, such property, as a result of a recent annexation has now become
contiguous to the City Limits of the City of North Augusta; and,
WHEREAS, the City desires to formally annex such property into the City
Limits.
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:
1. That the City, by this Resolution does hereby, pursuant to Section 5-3-100
of the South Carolina Code of Laws,request that such property be annexed
into the Municipal Corporate Limits of the City.
2. That the City Administrator is specifically authorized to execute any
documents that may be required related to such annexation as well as taking
any action necessary in order for the City to annex rights of way of areas of
streets lying beyond but abutting on the Corporate Limits of the City upon
the annexation of said property.
3. That the City would request that the property be zoned as P, Public Use,
upon such annexation.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
DAY OF JANUARY, 2020.
B. Ordinance No.2020-04—An Ordinance to Change the Corporate Limits of the City of
North Augusta by Annexing 148+/-Acres of Property Located Primarily in Edgefield
County,South Carolina with a Small Portion Being in Aiken County, South Carolina.
Such Property Generally Known as the North Augusta Country Club.
a. First Reading
On motion of Councilmember Dickert, second of Councilmember Brooks, Council considered an
ordinance on first reading to change the corporate limits of the City of North Augusta by
annexing 148+/- acres if property located primarily in Edgefield County, South Carolina with a
small portion being in Aiken County, South Carolina. There were no comments from citizens or
Council. The first reading of the ordinance was approved unanimously.
b. Second Reading
On motion of Mayor Pettit, second of Councilmember Presnell,Council considered an ordinance
on second reading to change the corporate limits of the City of North Augusta by annexing
148+/-acres if property located primarily in Edgefield County, South Carolina with a small
portion being in Aiken County, South Carolina. There were no comments from citizens or
Council. The second reading of the ordinance was approved unanimously.
The text of the proposed ordinance is below:
ORDINANCE NO. 2020-04
AN ORDINANCE TO CHANGE THE CORPORATE LIMITS OF THE CITY
OF NORTH AUGUSTA BY ANNEXING 148 +/-ACRES OF PROPERTY
LOCATED PRIMARILY IN EDGEFIELD COUNTY SOUTH CAROLINA
WITH A SMALL PORTION BEING IN AIKEN COUNTY, SOUTH
CAROLINA. SUCH PROPERTY GENERALLY KNOWN AS THE NORTH
AUGUSTA COUNTRY CLUB PROPERTY.
WHEREAS, Section 5-3-100 of the Code of Laws of the State of South Carolina
provides that; "if the territory proposed to be annexed belongs entirely to the municipality seeking its
annexation and is adjacent thereto, the territory may be annexed by resolution of the governing body
of the municipality. When the territory proposed to be annexed to the municipality belongs entirely
to the County in which the municipality is located and is adjacent thereto, it may be annexed by
resolution of the governing body of the municipality and the governing body of the County. Upon
adoption of the resolution required by this Section and the passage of an Ordinance to that effect by
the municipality, the annexation is complete."; and,
WHEREAS, the Mayor and City Council for the City of North Augusta, by
adoption of Resolution No. 2020-02 dated January 6, 2020 have petitioned that this property be
annexed; and,
WHEREAS,the zoning classification recommended for the property proposed for
annexation has been reviewed for consistency with the future land use classification of the properties
as specified in the land use element of the North Augusta 2017 comprehensive plans;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof,that:
I. The following described properties shall be annexed into the City of North Augusta:
The property to be annexed is also shown on a map identified as"Exhibit A"titled map of
property sought to be annexed by the City of North Augusta dated January 2, 2020 and
prepared by the City of North Augusta.
Being the same piece parcel and tract of land conveyed by DWT Properties, LLC to the
City of North Augusta by deed dated the 291" day of October, 2019 and recorded in the
Office of the Clerk of Court for Edgefield County, South Carolina in Record Book 1765
at Pages 241-245 and the Office of the RMC for Aiken County, South Carolina in Record
Book 4812 at Pages 2047-2051. The said property is known pursuant to the tax parcel
numbers for Edgefield County Assessor's Office as a portion of 106-00-00-075 and 105-
00-04-001,and the Office of the RMC for Aiken County as Tax Parcel No: 004-18-02-01.
II. This property is intended for use by the City as recreational property and the zoning
classification recommended for said property has been reviewed by the Planning
Commission for consistency with the future land use classification of the property as
specified in the North Augusta 2017 Comprehensive Plans; Therefore, the property shall
be zoned "P", public use on a map identified as "Exhibit B" Plat prepared by the City of
North Augusta dated January 2, 2020. Such zoning classification was approved by the
Planning Commission at its meeting held on November 21,2019.
III. Ordinances and conflict herein are to the extent of such conflict hereby repealed.
IV. 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 ,2020.
ITEM 17 LEGAL: Resolution No. 2020-03—To Authorize the City to Anneal the
Order of the Honorable Clifton B.Newman in Civil Action No.: 2018-CP-02-02705. Filed
with the Court on the 301s Day of December.2019.
On the motion of Councilmember McGhee, second of Councilmember Presnell, Council
considered a resolution to authorize the City of appeal the order of the Honorable Clifton B.
Newman in Civil Action No.: 2018-CP-02-02705 filed with the Court on the 30" day of
December, 2019. City Attorney, Kelly Zier, explained the appeal would be made to the Court of
Appeals and be heard by three justices.
The following citizen made comments:
Perry Holcomb (Please see attached Speaker Form and handout.)
The resolution was adopted with a 7-0 vote of approval.
The text of the proposed resolution is below:
RESOLUTION NO. 2020-03
TO AUTHORIZE THE CITY TO APPEAL THE ORDER OF THE HONORABLE
CLIFTON B.NEWMAN IN CIVIL ACTION NO.: 2018-CP-02-02705. FILED WITH THE
COURT ON THE 30 DAY OF DECEMBER, 2019.
WHEREAS, the Plaintiff Herman Perry Holcomb filed suit against the City on
May 24, 2019 alleging a violation by the City of a provision of the Freedom of Information
Act; and,
WHEREAS, such matter was litigated in the Court of Common Pleas for Aiken
County, South Carolina, said matter being tried non jury resulting in a decision by the
Honorable Clifton B.Newman; and,
WHEREAS, following the original decision by Judge Newman, the City
requested that he reconsider matters related to his original Order which resulted in a Motion
Hearing before Judge Newman on December 5 2019; and,
WHEREAS,by Order filed on December 30, 2019,Judge Newman denied any
request for changes, etc. to the Order; and,
WHEREAS, the Mayor and City Council are of the opinion that the effect of
this decision is not in accordance with the intent of the Freedom of Information Act and greatly
restricts the ability of the Council to perform its duties and actually restricts the ability of the
City to share information with citizens,prior to formal council meetings; and,
WHEREAS,the Mayor and Council believe that it is necessary that this decision
be reviewed and further considered by an Appellate Court which would result in the matter
being considered by a group of Judges or Justices as opposed to the decision being made by
one individual Judge.
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 the City attorney is specifically authorized to proceed with the appeal of the
decision of the Court dated December 30, 2019. Such appeal shall be handled by Danny C.
Crowe Esquire,the trial attorney utilized by the City in this matter.
NOW THEREFORE, BE IT FURTHER RESOLVED:
I. Funding for this appeal shall be paid from the Administration Contingency
account and should not to exceed $10,000. Additional funds would require
Council approval.
2. That the City Attorney and/or City Administrator are authorized to execute
any documentation that might be necessary to move forward with this
appeal.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
DAY OF JANUARY,2020.
ITEM 18. PLANNING AND DEVELOPMENT: Resolution No. 2020-04 —
Accepting a Deed of Dedication for the Streets Water Distribution System, Sanitary
Sewer Stormwater Collection and Fire Suppression Systems Detention Ponds and
Associated Easements and Rights of Way, Along with a Maintenance Guarantee and
Letter of Credit, for Rushing Waters,Section 1
On motion of Councilmember Presnell, second of Councilmember Carpenter, Council
considered a resolution to accept a Deed of Dedication for the streets,water distribution system,
sanitary sewer, Stomovater Collection and fire suppression systems, detention ponds and
associated easements and rights of way, along with a Maintenance Guarantee and Letter of
Credit for Rushing Waters, Section 1. There were no comments from citizens or Council. The
resolution was approved unanimously.
The text of the proposed resolution is below:
RESOLUTION NO.2020-04
ACCEPTING A DEED OF DEDICATION FOR THE STREETS
WATER DISTRIBUTION SYSTEM SANITARY SEWER, STORMWATER COLLECTION
AND FIRE SUPPRESSION SYSTEMS DETENTION PONDS AND ASSOCIATED
EASEMENTS AND RIGHTS OF WAY ALONG WITH A MAINTENANCE GUARANTEE
AND LETTER OF CREDIT
FOR RUSHING WATERS, SECTION 1
WHEREAS,Rushing Waters,LLC developed Rushing Waters,Phase 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 October 4,2019, 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 those certain streets, situate, lying and being in the City of North Augusta, County of
Aiken, State of South Carolina, located in Rushing Waters subdivision, Phase One,to
wit: Expedition Drive and Lookout Loop, along with the following systems incident to
and servicing Rushing Waters subdivision, Phase One: 1) sanitary sewer lines and
easements therefore; 2) storm sewer lines and easements therefore: and 3)water lines and
easements therefore; all as shown upon a subdivision plat of Rushing Waters,Phase One
for Rushing Waters, LLC by Southern Partners, Inc., dated June 19,2019,and revised
July 22,2019, and recorded in Plat Book 61, at page 670, in the Office of the RMC of
Aiken County, South Carolina. Reference is hereby made to said plat for a more
particular description as to the metes,bounds,and exact location of property.
Also conveyed hereby are those parcels of land designated as Detention Pond 1 and
Detention Pond 2 as shown on the aforesaid plat.
This property is conveyed subject to applicable easements,restrictions and/or protective
covenants of record in said RMC Office.
Derivation: This being a portion of the property conveyed to Rushing Waters, LLC by
Title to Real Estate of Summer Lakes Development, LLC dated May 15,2017 and
recorded in the Office of the RMC of Aiken County, South Carolina in Deed Book 4684,
page 110.
Tax Map Number: Portion of 011-09-01-049
BE IT FURTHER RESOLVED that a Maintenance Guarantee and Irrevocable
Letter of Credit in the amount of$140,000 are hereby accepted.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
, 2020.
ITEM 19. CITIZENS COMMENTS/RECOGNITION OF VISITORS:
Please see the attached Speaker Forms, if completed, for the January 6,2020 Council
Meeting.
A. Citizen Comments were made by:
Tyler Galles
B. Council Comments:
Pat Carpenter encourage those in attendance to support local businesses. She spoke about the
New Yew's Eve party that she and her grandchildren enjoyed at Northside Bowling Lanes.
Mayor Pettit reminded citizens the City would pick up live Christmas trees curb-side from
January 6-9. He also announced the next regular City Council meeting would be February 3,
2020. There is no meeting scheduled on Monday, January 20, 202 in observance of Martin
Luther King, Jr. Day.
There being no farther business,Council adjourned at 8:10 p.m. The Study Session reconvened in
Council's Conference Room.
APPROVED THIS 3RD DAY OF Respectfully submitted,
FEBRUARY 2020.
Sharon Lamar
Robert A. Pettit City Clerk
Mayor
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COUNCIL MEETING DATE: ` Cr /cl
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NAME: ) `^ � , ) ) 1 ,-m T
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NAME: e v v- Ho 4 e.0 hn/�p
AGENDA ITEM/TOPIC:
PLEASE PROVIDE A SUMMARY OF YOUR COMMENTS TO COUNCIL.
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Abuse of Discretion
Afailure to take into proper consideration the facts and law relating to a particular matter;an arbitrary or
unreasonable departure from precedent and settled judicial custom.
Where a trial court most exercise discretion in deciding a question,it must do so in a way that is not clearly
against logic and the evidence.An improvident exercise of discretion is an error of law and grounds for
reversing a decision on appeal.It does not,however,necessarily amount to bad faith,intentional wrong,or
misconduct by the trial judge.
For example,the traditional standard of appellate review for evidence-related questions arising during trial
is the"abuse of discretion" standard.Most judicial determinations are made based on evidence introduced
at legal proceedings.Evidence may consist of oral testimony,written testimony,videotapes and sound
recordings,documentary evidence such as exhibits and business records,and a host of other materials,
including voice exemplars,handwriting samples,and blood teals.
Before such materials may be introduced into the record at a legal proceeding,the trial court must
determine that they satisfy certain criteria governing the admissibility of evidence.At a minimum,the court
most find that the evidence offered is relevant to the legal proceedings.Evidence that bears on a factual or
legal issue at stake in a controversy is considered relevant evidence.
The relevancy of evidence is typically measured by its probative value.Evidence is generally deemed
probative if it has a tendency to make the existence of any material fact more or less probable.Evidence
that a murder defendant ate spaghetti on the day of the murder might be relevant at trial if spaghetti sauce
was found at the murder scene.Otherwise such evidence would probably be deemed irrelevant and could
be excluded from trial if opposing counsel made the proper objection.
During many civil and criminal trlals,judges mle on hundreds of evidentiary objections lodged by both
parties.These rulings are normally snapjudgments made in the heat of battle.Courts most make these
decisions quickly to keep the proceedings moving on schedule.For this reason,judges are given wide
latitude in making evidentiary rulings and will not he over-turned on appeal unless the appellate
court finds that the trial judge abused his or her discretion.
(Given to H.Perry Holcomb by his atmrney,Hion3 C.Carroll,Esq.,bold type for emphasis.)
4 SPEAKER FORM
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COUNCIL MEETING DATE: 11-0 n G I ar
THIS FORM WILL BE ATTACHED TO THE MINUTES OF THE CITY COUNCIL MEETING.
NAME: 711* 1 pp G.II65
AGENDA ITEM/TOPIC:
PLEASE PROVIDE A SUMMARY OF YOUR COMMENTS TO COUNCIL.
(For example: I support the resolution because...)
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ATTACHMENT #6
RECUSAL STATEMENT
Member Name: A 1dU1 (A
Meeting Date: ��e /'A0
Agenda Item:yJK Snectionl Number: I
Topic: i> HuFIUL 3 Zun1 T), 5TI' S ,
The Ethics Act, SC Code§8-13-700,provides that no public official may knowingly use hisoffice
to obtain an economic interest for himself, afamily member of his immediate family, an
individual with whom he is associated, or a business with which he is associated. No public
ofi:cial 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 onesellffrom 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:
Date: d0 ID aU;c R ^116 C-
Member
Approved by Parliamentarian:
RECUSAL STATEMENT
Member Name: ✓ l C / l�P�hC'l/
Meeting Date:
Agenda Item: Section (9 Number: Z D
Topic: �6s1 �iriC
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, afamily 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.Any. Gen. No. 91-37.) A written statement describing the matter requiring action and
the nature ofthe potential conflict of interest is required.
Justification to Recuse:
V Professionally employed by or under contract with principal
Owns or has vested interest in principal or property
Other:
Date: / " 6' " ZO
Member
Approved by Parliamentarian:
RECUSAL STATEMENT
Member Name: 411iVI
Meeting Date: / 'lam o?O�ppO
Agenda Item: Section v � Number:
Topic: ?IQnv.�
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 olthe ootential conflict of interest is required.
Justification to Recuse:
Professionally employed by or under contract with principal
Owns or hasp vested interest in principal or property
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NCG \.
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Member
Approved by Parliamentarian: