040620 Council Mtg Mins Adopted North
AugustaLT/
South Carolina's Riuerfront
MINUTES OF APRIL 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 April 6,2020 having been
duly publicized was called to order by Mayor Pettit at 7:00 p.m. and adjourned at 7:42 p.m. Per
Section 30-4-80,(e)notice of the meeting by email was sent out to the current maintained"Agenda
Mallout" 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 fust 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; John C. Thomas, Director of Public Safety; Ricky Jones, Manager of Information
Technology; and Sharon Lamar, City Clerk. Members of the public and the media were also
Cpresent.
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The minutes of the Regular City Council Meeting and Study Session of March 16, 2020 were
approved by general consent.
ITEM 5. CITY CODE: Emergency Ordinance 2020-10 - An Ordinance to Be Adopted as
a Result of the Declaration by the Governor of a State of Emergency in South Carolina and
Providing for a Procedure to Allow the City Council,Planning Commission,Board of Appeals
and All Agencies of the City that Conduct Public Meetings to Conduct Such Public Meetings
Electronically
On the motion of Mayor Pettit, second of Councilmember Carpenter, Council agreed to consider
an ordinance to be adopted as a result of the declaration by the Governor of a State of Emergency
in South Carolina and providing for a procedure to allow the City Council, Planning Commission,
Board of Appeals and all agencies of the City that conduct public meetings to conduct such public
meetings electronically. Mayor Pettit called upon Kelly Zier, City Attorney, to read the entire
ordinance aloud to those in attendance and those participating via live-stream. Following the
reading, Mr. Zier gave a brief explanation of the ordinance that was written from a template
provided by the Municipal Association of South Carolina and allowable by FOIA.
Councilmembers Carpenter and Presnell confirmed that the ordinance was only in place for sixty-
one days. Mr. Zier added that Council could vote to discontinue meeting electronically at any time
and could vote to extend the ordinance should there be a need. Several other Councilmembers
voiced the need for details to be worked out such that public comments can be added on agenda
items. Rachelle Moody, Interim City Administrator, explained that the City's Leadership Team
has been using "Go to Meeting" as an avenue to meet electronically for the past two weeks. She
has also contacted other municipalities throughout the state for recommendations. Some are using
"Go to Meeting"; others are using"Zoom." She assured Mayor and Council that all of these details
will be worked out and communicated before the next scheduled meeting. The ordinance was
approved unanimously. (Please note this Emergency Ordinance only required one reading.)
Please see ATTACHMENT#5 for a copy of the proposed ordinance.
ITEM 6. ADMINISTRATIVE REPORTS
There were no Administrative Reports.
ITEM 7. CITIZENS COMMENTS/RECOGNITION OF VISITORS:
Please see the attached Speaker Forms, if completed, for the April 6, 2020 Council Meeting.
A. Citizen Comments were made by:
Misty Mitchell (No Speaker Form submitted)
Steven Bryant(No Speaker Form submitted)
Jeff Hutto (Email comments attached)
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B. Council Comments:
Mayor Pettit advised all citizens to stay safe and well. He also reminded that Governor
McMaster issued another Executive Order today. This order mandated that the citizens of
South Carolina limit travel to "Home and Work."
There being no further business, Council adjourned at 7:42 p.m.
APP` OV') THIS Ae DAY OF Respectfully submitted,
Z, i 2120
AA,/ Sharon Lamar
Robe A. Petti City Clerk
Mayor
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ATTACHMENT #5
EMERGENCY ORDINANCE 2020- 1.
AN ORDINANCE TO BE ADOPTED AS A RESULT OF THE DECLARATION BY THE
GOVERNOR OF A STATE OF EMERGENCY IN SOUTH CAROLINA AND PROVIDING FOR
A PROCEDURE TO ALLOW THE CITY COUNCIL,PLANNING COMMISSION,BOARD OF
APPEALS AND ALL AGENCIES OF THE CITY THAT CONDUCT PUBLIC MEETINGS TO
CONDUCT SUCH PUBLIC MEETINGS ELECTRONICALLY.
WHEREAS,on March 13,2020,Governor Henry McMaster issued Executive Order No. 2020-08
related to 2019 Novel Coronavirus ("COVID-19") and declared that a State of Emergency exists in South
Carolina;and
WHEREAS,on March 15, 2020,the Centers for Disease Control and Prevention issued guidance
recommending the suspension of large events and mass gatherings that consist of 50 people or more in
order to slow the spread of COVID-19; and
WHEREAS, while it is imperative for local government to continue to operate during States of
Emergency, it is equally imperative for local governments to take steps to minimize the need for large
gatherings in order to protect public health and safety and the health and safety of local government officials
and staff;and
WHEREAS,the South Carolina Freedom of Information Act,which is codified at Title 30,Chapter
4 of the Code of Laws of South Carolina 1976, as amended, (the "Act") defines a "Meeting" as "the
convening of a quorum of the constituent membership of a public body, whether corporal or by means of
electronic equipment,to discuss or act upon a matter over which the public body has supervision, control,
jurisdiction or advisory power"(emphasis added);and
WHEREAS, due to the State of Emergency related to COVID-19, it is advisable to make
provisions for the holding of electronic public meetings, while ensuring any electronic meeting fully
complies with the open meeting requirements of the Act;and
WHEREAS,the Act further permits that emergency meetings of public bodies may be held without
having provided twenty-four hours' notice of such meeting;and
WHEREAS,South Carolina law provides that cities and counties may enact emergency ordinances
to meet public emergencies affecting life,health, safety or the property of the people upon a single reading,
provided that such ordinance does not levy taxes,grant,renew or extend a franchise or impose or change a
service rate, upon the affirmative vote of at least two-thirds of the city or county council present, and
provided that such emergency ordinance shall expire automatically on the sixty-first day following its
enactment; and
WHEREAS,it is hereby determined that a public emergency affecting life,health,and safety does
exist,and therefore,it is appropriate and necessary to conduct an emergency meeting in order to enact/adopt
this Emergency Ordinance.
NOW THEREFORE,BE IT ORDAINED in this meeting of the Mayor and City Council
of the City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof,
that:
Section 1. Standards for Electronic Meetings. The public bodies of the City are hereby
authorized to conduct public meetings exclusively in electronic form, provided the medium for such
meeting, whether telephonic, broadcast video, computer-based, or other electronic media, or any
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combination of these, and the conduct of the electronic meeting, allows for the following standards and
practices to be met:
(a) At the beginning of any electronic meeting,the presiding officer shall poll the members of
the Public Body to confirm attendance,and any member of the Public Body attending by way of electronic
media shall be considered present for the purposes of constituting a quorum.
(b) Throughout the duration of the electronic meeting,all members of the Public Body,as well
as any officials or staff required to speak at such meeting,must have the capability to be heard at all times
by any other member of the Public Body and by the general public.
(c) Any vote of the Public Body must be conducted by individual voice vote of the members
of the Public Body, who shall verbally, indicate their vote on any matter by stating "yay" or"nay." All
individual votes shall be recorded by the clerk, secretary,or presiding officers, as appropriate.
(d) Meetings shall be recorded or minutes kept in the same manner as an in-person meeting as
required by the Act.
(e) All members of the Public Body,officials, staff,and presenters should identify themselves
and be recognized prior to speaking. Members of the Public Body shall strictly comply with the rules of the
Public Body as they relate to procedural matters in order to preserve order and allow for the effectiveness
of electronic meetings.
(0 Electronic executive sessions shall be permitted in accordance with the provisions of the
Act and the Public Body shall properly announce its reason for going into any executive session in
conformance with Section 30-4-70 of the Act. Upon the entry into any electronic executive session,meeting
minutes need not be kept and the electronic meeting utilized for such executive session may be held by(i)
a separate telephonic, broadcast video, computer-based, or other electronic media, or any combination of
these wherein the public shall not be permitted to participate, or (ii) on the initial telephonic, broadcast
video, computer-based, or other electronic media,or any combination of these,with the implementation of
necessary participation or listening restrictions, provided that in either instance all members of the Public
Body must have the capability to be heard at all times.
(g) With respect to any electronic meeting,any public comment periods provided for by local
ordinance, resolution, policy, or bylaws are hereby suspended. Members of the public may submit written
public comments which shall be distributed to the members of the Public Body.
Section 2. Suspension of Local Provisions. During the period of effectiveness of this
Ordinance,any ordinance, resolution,policy,or bylaw of the Public Body that conflicts with the provisions
hereof is suspended and shall be superseded hereby.
Section 3. Effective Date;Expiration. The provisions hereof shall be effective upon a single
hearing and two-thirds vote of the Mayor and City Council,and shall expire on the sixty-first day following
the effective date hereof.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF _ _ , 2020.
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ROBERT A.PETTIT, MAYOR
AT'IT.ST:
SILARON LAMAR, CI"I'Y CLL'RK
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Lamar, Sharon
From: Jeff Hutto <js.hutto@gmail.com>
Sent: Friday, April 03, 2020 12:54 PM
To: Lamar, Sharon
Subject: Letter to City Council
Follow Up Flag: Follow up
Flag Status: Flagged
Good afternoon Sharon,
First,thank you for calling me about so quickly about my question on city council meetings.
Below is the question I would like presented to the City Council at the next public meeting:
To the Council Members of the City of North Augusta,
At this point, the entire nation is experiencing the economic strain that has accompanied the effort to stem the
spread of the COVID-19 virus. The most obvious sign is the closed stores and empty shelves in the grocery
stores as people prepare to shelter in their homes. As business activity at restaurants dwindles and halts,
citizens are eating more home-cooked meals, and a big part of those meals includes eggs as a good source of
quality protein and other nutrients.
This is why Pm requesting the City Council to consider an amendment to Section 5-12 of the North Augusta
City Code of Ordinances allowing each home with a fenced-in backyard to raise a maximum of 4 hens (no
roosters) in an enclosed coop. Other cities in South Carolina including Cayce, Columbia(see Section 4-35 of
the Code of Ordinances), Lexington, Forest Acres, Chapin, and West Columbia have similar ordinances
allowing a limited ownership of hens. Hens are quiet,provide food in the form of eggs, eat pests including
ticks, grasshoppers, ground beetles, etc.
I believe such a change would provide more benefit than harm to our city.
Thank you for your consideration.
Jeff Hutto
Administration Department
North ;1 -
Augus ta ,�
South Carolina's Riverfront
Interoffice Memorandum
TO: Mayor and City Council
FROM: Rachelle Moody,Interim City Administrator
DATE: April 2,2020
SUBJECT: CANCELED-Study Session for Monday,April 6,2020
The Study Session previously scheduled
for Monday, April 6, 2020 at 6:00 P.M.
has been cancelled.
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