051820 Virtual Council Mtg Mins Adopted North
Augusta
South Carolina's Riuerfront
MINUTES OF MAY 18,2020
Robert A. Pettit, Mayor
J. Robert Brooks, Councilmember
Pat C. Carpenter, Councilmember
Fletcher L. Dickert, Councilmember
David W McGhee, Councilmember
Eric K Presnell, Councilmember
Kevin W Toole, Councilmember
ORDER OF BUSINESS
VIRTUAL REGULAR MEETING
The virtual regular meeting of the City Council of the City of North Augusta of May 18, 2020
having been duly publicized was called to order by Mayor Pettit at 7:04 p.m. using GoToMeeting
online conferencing software and streamed online for public viewing at the City Facebook page:
"City of North Augusta— Public Inforrnation" and City YouTube page: "City of North Augusta
Public Information" and adjourned at 7:47 p.m. Per Section 30-4-80, (e) notice of the meeting
was sent out by email 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
OAttorney; Ricky Jones,Manager of Information Technology;J.D.McCauley,Manager of Human
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C Resources; and Sharon Lamar, City Clerk. Members of the public and the media were provided
access to the meeting via live-streaming video.
The minutes of the Regular City Council Meeting and Study Session of May 4, 2020 were
approved by general consent.
ITEM 5 PROCLAMATION• Proclamation to End the State of Civil Emergency for the
City of North Augusta
Mayor Pettit issued a proclamation to end the State of Civil Emergency for the City of North
Augusta.
Please see the text of the proclamation below:
CITY OF NORTH AUGUSTA
PROCLAMATION TO END THE STATE OF CIVIL EMERGENCY
FOR THE CITY OF NORTH AUGUSTA
WHEREAS,the virus commonly known as COVID-19 created major life threatening
health concerns throughout the world; AND,
WHEREAS,the President of the United States declared a State of Emergency
O throughout the Country, and the Governor of the State of South Carolina declared a State of
Emergency within the State; AND,
WHEREAS, on April 2,2020 I determined is was in the best interest of the citizens and
residents of the City of North Augusta to declare a State of Civil Emergency existed within the
City, to allow for the enforcement of the restrictions as specified in the Code of Ordinances
Section 9-22, 9-23 and 9-26; AND,
WHEREAS,as a result of the tireless care of medical professionals and the adherence by
our citizens and residents to the suggested mitigation practices of social distancing and frequent
hand washing, to this date I have not found it necessary to issue protective restrictions.
NOW,THEREFORE,be it proclaimed that a State of Civil Emergency no longer exists
in the City, and the proclamation of April 2, 2020 is hereby rescinded. All citizens and residents
are encouraged to continue following all directives of the President of the United States and the
Governor of the State of South Carolina and the guidelines of the Centers for Communicable
Disease Control as precautions to avoid potential exposure to, and to slow the spread of,
COVID-19.
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C ITEM6. CITYPROPERTY: Ordinance No 2020-11 —Abandoning a Road Right-of-Way
Shown on a Plat for Hammond's Ferry, Section A4 Dated December 3, 2019 in the City of
North Aueusta:
A. Remove from Table
On the motion of Mayor Pettit,second of Councilmember Presnell,Council unanimously agreed to
remove an ordinance from the table to abandon a road right-of-way shown on a plat for Hammond's
Ferry, Section A4, dated December 3, 2019 in the City of North Augusta without discussion.
B. Ordinance—First Reading
On the motion of Councilmember Brooks,second of Councilmember Carpenter, Council agreed to
consider an ordinance to abandon a road right-of-way shown on a plat for Hammond's Ferry,
Section A4, dated December 3, 2019 in the City of North Augusta. With no comments of citizens
or Council, the ordinance was approved unanimously on first reading.
Please see the text of the tabled ordinance is below:
ORDINANCE NO. 2020-11
ABANDONING A ROAD RIGHT-OF-WAY SHOWN ON
A PLAT FOR HAMMOND'S FERRY, SECTION A4, DATED
DECEMBER 14 2019 IN THE CITY OF NORTH AUGUSTA
OWHEREAS, at its regularly scheduled meeting of April 16, 2020,the North Augusta
Planning Commission considered the request of property owners, H.F. Developers, LLC,for
the City to abandon a section of a platted road right-of-way adjoining their properties; and
WHEREAS, the portion of road right-of-way requested to be abandoned is shown as
Tracts A, B, C,D, F, G, and H, on a plat prepared for Hammond's Ferry, Section A4, by
Cranston Engineering., dated December 14,2019; and
WHEREAS,the Planning Commission, after reviewing the request, determined that
the subject abandoned right-of-way would not conflict with the City's Comprehensive Plan.
Therefore, abandonment of the road right-of-way would be appropriate; and
WHEREAS,upon completion of their review,the Planning Commission
unanimously recommended to the City Council that the subject right-of-way be abandoned;
and
WHEREAS, the Planning Commission held a duly advertised public hearing on the
requested abandonment on April 16, 2020, for the purpose of receiving input from the public
on the requested abandonment; and
WHEREAS, following consideration of the recommendation from the Planning
Commission and any input received at the public hearing,Mayor and Council have
determined that it is appropriate that the City abandon any interest in the identified road
right-of-way.
NOW, THEREFORE,BE IT ORDAINED, by the Mayor and City Council in
meeting duly assembled and by the authority thereof:
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O I. That the section of platted but unopened and unnamed road right-of-way described herein is
hereby abandoned, and
II. Any abandoned right-of-way may be recombined with an adjacent property as allowed by
state law.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
,2020.
ITEM 7 CITY PROPERTY: Ordinance No 2020-12—Ordinance Authorizing the City to
Enter into a Lease Agreement with Riverside H.F., LLC Related to Property Consisting of
Approximately 1 34 Acres and Known as Tax Map and Parcel Nos. 007-13-19-004 and 007-
13-01-010. Ordinance-Final Reading
On the motion of Councilmember Toole, second of Councilmember Carpenter, Council agreed to
consider an ordinance on final reading authorizing the City to enter into a lease agreement with
Riverside H.F., LLC, related to property consisting of approximately 1.34 acres and known as tax
map and parcel nos.007-13-19-004 and 007-13-1-010. There were no citizen or Council comments.
The final reading of the ordinance was adopted with a unanimous vote of Council.
CPlease see the text of the proposed ordinance below:
ORDINANCE NO. 2020-12
ORDINANCE AUTHORIZING THE CITY TO ENTER INTO A LEASE
AGREEMENT WITH RIVERSIDE H.F., LLC. RELATED TO PROPERTY
CONSISTING OF APPROXIMATELY 1.34 ACRES AND KNOWN AS TAX
MAP AND PARCEL NOS. 007-13-19-004 AND 007-13-01-010.
WHEREAS, the City was approached by representatives of Riverside, H.F., LLC
in connection with a Commercial Development/Event Facility that they propose to build within the
Hammonds Ferry Development; and,
WHEREAS, in order to provide adequate parking for the facility, the developers
proposed to construct and maintain a parking lot on property belonging to the City with the
understanding that the City and general public would be able to utilize such parking when not required
for the developers facility; and,
WHEREAS, substantial negotiation and discussion related to the request has taken
place with Mayor and City Council ultimately determining that such arrangement would be in the best
interest of the City and that such parking facility is the appropriate development of the property in
Cquestion.
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CNOW, 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 City authorizes the Parking Agreement/Lease of Real Estate as
identified on"Exhibit A"attached hereto and incorporated by reference.
it. That the City Administrator is authorized to execute the Agreement on
behalf of the City.
III. This Ordinance shall become effective immediately upon its adoption on
second 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.
ITEM8. CITYPROPERTY: Ordinance No 2020-13—An Ordinance Granting Easements
to Dominion Energy South Carolina Inc for Placement of Facilities in Hammond's Ferry:
Ordinance—Final Reading
On the motion of Councilmember Carpenter, second of Councilmember Brooks, Council agreed to
consider on final reading an ordinance granting easements to Dominion Energy South Carolina,
Inc. for placement of facilities in Hammond's Ferry. There were no comments from citizens or
OCouncil. The final reading was approved unanimously.
�I Please see the text of the proposed ordinance below:
ORDINANCE NO. 2020-13
AN ORDINANCE GRANTING EASEMENTS TO
DOMINION ENERGY SOUTH CAROLINA INC. FOR PLACEMENT OF FACILITIES IN
HAMMOND'S FERRY
WHEREAS, Dominion Energy has indicated to the City its intent to install
underground electric utilities to improve service reliability to its customers in Hammonds Ferry;
and
WHEREAS, as part of the construction, Dominion Energy has requested that the
City grant to it easements upon and across City property that would allow for the placement of
equipment necessary for the provision of such electric service; and
WHEREAS,the Mayor and City Council have reviewed this matter,to include the
proposed Deed of Easement and find that it is in the best interest of the citizens of North Augusta
that such easement be granted.
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,
Othat:
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O 1. The City grants to Dominion Energy South Carolina, Inc. an casement over and
across City property known as Tax Parcel Numbers 007-13-01-001,007-13-11-010,and
003-08-07-003.
II. The City Administrator is hereby authorized to execute the Deed of Easement and
any other documents necessary in order to complete this matter.
III. This Ordinance shall become effective immediately upon its adoption on the second
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. CITY CODE: Ordinance No. 2020-14—An Ordinance to Allow a Procedure
for the City Council Plannina Commission Board of Anneals and All Agencies of the City
that Conduct Public Meetings to Conduct Such Meetings Electronically During Times of a
Declared State of Emergency Ordinance—First Reading
On the motion of Mayor Pettit, second of Councilmember McGhee, Council agreed to consider on
ordinance on first reading to allow a procedure for the City Council, Planning Commission,Board
of Appeals and all agencies of the City that conduct public meetings to conduct such meeting
electronically during times of a declared State of Emergency. Kelly Zier, City Attorney, explained
this ordinance would only be valid in a State of Emergency proclaimed by the Mayor of North
C Augusta or the Governor of South Carolina. Councilmember Presnell and McGhee confirm the
ordinance could not be used outside of a State of Emergency. The first reading of the ordinance
was approved with a 7-0 vote and not comments from citizens.
Please see the text of the proposed ordinance below:
ORDINANCE NO. 2020-14
AN ORDINANCE TO ALLOW A PROCEDURE FOR THE CITY COUNCIL
PLANNING COMMISSION BOARD OF APPEALS AND ALL AGENCIES
OF THE CITY THAT CONDUCT PUBLIC MEETINGS TO CONDUCT SUCH
PUBLIC MEETINGS ELECTRONICALLY DURING TIMES OF A
DECLARED STATE OF EMERGENCY.
WHEREAS,recent events have required that the City Government conduct certain
public meetings electronically, in the present case as a result of the COVID-19 pandemic; and,
WHEREAS, by way of an emergency Ordinance adopted by Mayor and Council
at the April 6, 2020 City Council meeting, a procedure was established to provide for the conducting
of meetings electronically; and,
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CWHEREAS, the Ordinance adopted at the April 6, 2020 meeting was adopted as
an emergency Ordinance that automatically expires on the sixty-fust(611 day following the passing
of same by the Council; and.
WHEREAS, the Mayor and Council believe that in person, public meetings are
preferable and desirable and that is the method by which the City should conduct business whenever
possible; and
WHEREAS, the City Council is hopeful that there will not be a need or necessity
in the future to conduct electronic meetings, but is aware that circumstances could necessitate such
electronic meetings; and
WHEREAS, the City desires to be prepared for all circumstances related to the
conducing of the business of the City.
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:
IV. That during times of emergency with a declaration of emergency that
includes the City of North Augusta, by the Governor of the State of South
C Carolina or a declaration/proclamation of emergency by the Mayor for the
City of North Augusta, that public meetings may be conducted
electronically, at the direction of the Mayor. Such meetings would be
conducted as follows:
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 meetings, whether telephonic, broadcast video,
computer-based, or other electronic media, or any combination of these, and the
conduct of the electronic meetings,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 purpose 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.
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O (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.
(f) 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
C 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
restriction, provide that in wither 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, providing for electronic meetings, 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. This ordinance shall become effective immediately
upon its adoption on second and final reading.
Section 4. Codification. This ordinance shall be included in the Code of
OOrdinances for the City of North Augusta in Section 2 Division 1.
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O DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS _ DAY OF
,2020.
ITEM 10 ANNEXATION• Property Located at 207 West Five Notch Road
A. Resolution No. 2020-16 —To Accept a Petition for Annexation of 11.95 Acres of Property
Located at 207 West Five Notch Road and Owned by The Hammonds at Five Notch,LLC
On the motion of Councilmember Dickert, second of Councilmember Presnell,Council considered
a resolution to accept a petition for annexation of±1.95 acres of property located at 207 West Five
Notch Road and owned by The Hammonds at Five Notch, LLC. Rachelle Moody, Interim City
Administrator, commented the annexation is requested by the property owner. There were no
citizen comments. The resolution was approved unanimously.
Please see the text of the proposed resolution below:
RESOLUTION NO. 2020-16
TO ACCEPT A PETITION FOR ANNEXATION
OF± 1.95 ACRES OF PROPERTY LOCATED
AT 207 WEST FIVE NOTCH ROAD AND OWNED BY
THE HAMMONDS AT FIVE NOTCH, LLC.
GWHEREAS, 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 February
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18, 2020.
The property sought to be annexed is described as follows:
A±1.95 acre portion of the piece,parcel or tract of land, situate, lying and being partly
within the corporate limits of the City of North Augusta, County of Aiken, State of South
Carolina, containing±5.4 acres and being shown as Tracts A&B on a plat made for
Robert E. Kinsey, III by Joe L. Grant, R. L.S., dated October 14, 1975, revised August 2,
I� 1978, recorded in Misc. Book 257, Page 333 records of the RMC Office for Aiken
County, South Carolina. Reference to said plat is hereby made for a more complete and
accurate description of the property.
OTax Map&Parcel No.: 006-12-01-002
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CThe 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 Auguste' dated January 13,2020,
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. 2020-15—To Change the Corporate Limits of North Augusta by Annexing
±1.95 Acres of Property Located at 207 West Five Notch Road and Owned by The Hammonds
at Five Notch,LLC; Ordinance—First Reading
On the motion of Councilmember Brooks, second of Councilmember Presnell, Council agreed to
consider an ordinance on first reading to change the corporate limits of North Augusta by annexing
±1.95 acres of property located at 207 West Five Notch Road and owned by The Hammonds at
Five Notch LLC. There were no comments from citizens or Council. The first reading was
approved unanimously.
OPlease see the text of the proposed ordinance below:
ORDINANCE NO. 2020-15
TO CHANGE THE CORPORATE LIMITS OF THE CITY OF NORTH AUGUSTA
BY ANNEXING± 1.95 ACRES OF PROPERTY LOCATED
AT 207 WEST FIVE NOTCH ROAD AND OWNED BY
THE HAMMONDS AT FIVE NOTCH, LLC.
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. 2020-16 dated May 18, 2020, accepted a Petition for Annexation and wish to
annex the below described properties; and
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C WHEREAS,the zoning classification recommended forthe 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;
WHEREAS,the Hammonds at Five Notch,LLC,the current owner of record of the
property, has submitted a Petition for annexation, dated February 18, 2020, requesting the City
annex the described property;
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 property shall be annexed into the City of North Augusta:
A ±1.95 acre portion of the piece, parcel or tract of land, situate, lying and being
partly within the corporate limits of the City of North Augusta, County of Aiken,
State of South Carolina, containing±5.4 acres and being shown as Tracts A & B
on a plat made for Robert E.Kinsey,III by Jae L. Grant,R. L.S.,dated October 14,
1975,revised August 2, 1978,recorded in Misc. Book 257,Page 333 records of the
RMC Office for Aiken County, South Carolina. Reference to said plat is hereby
made for a more complete and accurate description of the property.
OTax Map &Parcel No.: 006-12-01-002
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
January 13, 2020, and prepared by the City of North Augusta.
The property to be annexed shall be zoned R-7, Small 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 January 13,
2020 and prepared by the City of North Augusta.
11. All 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 second
and final reading.
ITEM 11. HUMAN RESOURCES: Resolution No. 2020-17—To Authorize the
Contract for Employment of City Administrator
On the motion of Mayor Pettit, second of Councilmember Toole,Council agreed to consider a
Cresolution to authorize the contract for employment of the City Administrator. Kelly Zier, City
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O Attorney, stated this is the first contract for employment offered to a City of North Augusta City
Administrator. There were no citizen or Council comments. The resolution was approved
Unanimously. Mayor Pettit added he is looking forward to Augusta 17, 2020 when Jim Clifford
will begin his position as City Administrator.
The text of the proposed resolution is below:
RESOLUTION NO.2020-17
TO AUTHORIZE THE CONTRACT FOR EMPLOYMENT OF CITY ADMINISTRATOR
WHEREAS, as a result of the resignation by B. Todd Glover, former City
Administrator, the City has conducted an extensive search process related to the employment
of a City Administrator; and,
WHEREAS, as a result of that search process,the Mayor with the authorization
of Council has made a determination to employee James S.Clifford as City Administrator;and,
WHEREAS, an Employment Agreement has been negotiated related to such
employment; and,
WHEREAS, the Mayor and City Council have determined that it is in the best
interest of the City to move forward with the employment of Mr. Clifford and entering into a
Contractual Employment Agreement with him.
ONOW 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. James S. Clifford is to be employed by the City as City Administrator;
2. That the employment of Mr. Clifford, to include term of employment,
salary, duties, compensation and other related matters are specifically
covered by the Employment Agreement that is attached hereto marked
Exhibit"A";
3. That the Mayor is specifically authorized to execute such agreement 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
DAY OF MAY, 2020.
Exhibit A
EMPLOYMENT AGREEMENT
O This Agreement, made and entered into, by and between the City of North Augusta, South
Carolina, (the City) a municipal corporation, and Mr. James S. Clifford an individual who has
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C the education,training and experience in local government management, both of whom agree
as follows:
Section 1: TERM
This employment Agreement shall be effective beginning the first day of employment which
is tentatively scheduled for August 17,2020. Both parties recognize that Mr. Clifford's
tentative start date is contingent upon him being able to retire from the U.S. Army, which may
be delayed due to unforeseen circumstances. This employment Agreement shall terminate
December 31, 2022,provided, that on December 31, 2022, and on each December 31
thereafter,the termination date shall be extended by two years unless the Mayor determines
not later than September 30,2022, or by September 30 in any subsequent year that this
automatic extension provision shall no longer be effective. Such a decision by the Mayor
terminates only the automatic extension provision, and neither such a decision nor the actual
expiration of the term or extended term of this Agreement shall have the effect of or be
implied as terminating Mr. Clifford's employment.
Section 2: DUTIES AND AUTHORITY
A. The City agrees to employ Mr. Clifford as City Administrator to perform the functions
C and duties as specified by the Mayor, and City Ordinance. All actions undertaken by Mr.
Clifford in the execution of his duties, including requests from Mayor and Council, shall be
consistent with the Code of Laws of South Carolina and the Municipal Code of the City.
B. Mr. Clifford shall not engage in any other professional or business activities that, in the
sole determination of the Mayor, adversely affect or interfere with the performance of his
services to the City. The foregoing does not preclude Mr. Clifford from making business
investments if such investments are not inconsistent with and do not, in the Mayor's opinion,
adversely affect the performance of his duties and responsibilities hereunder.
Section 3: COMPENSATION
The City agrees to pay Mr. Clifford an annual salary of$142,755.25,payable in equal
biweekly installments. Upon continued employment Mr. Clifford will receive a 5% increase
in salary each yew during the first full pay period in January for three (3) yews,beginning
January 2021. This increase will be in addition to any Merit or COLA salary increases
approved by City Council. The City may increase this salary at any time, with or without a
performance review. The City may pay a lump sum bonus in lieu of a salary increase or may
pay Mr. Clifford a combination of a salary increase and a lump stun bonus. Any such
increase and/or bonus will be paid only after a specific vote of City Council.
CSection 4: RESIDENCE _
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OWithin the first three(3)years of Mr. Clifford's employ he shall establish residence within
the City limits.
Section 5: HEALTH,DISABILITY, AND LIFE INSURANCE BENEFITS
A. Mr. Clifford shall receive not less than the full range of benefits provided or made
available to the City's other regular fall-time employees. Such benefits may be increased, .
modified, or decreased to the extent they are increased, modified, or decreased for other
regular full-time employees.
B. At the time of the initial execution of the Agreement, such benefits include but are not
limited to: retirement plan,health insurance benefits for employees and dependents, life
insurance benefits,accidental death insurance benefits, and disability benefits.
Section 6: VACATION AND SICK LEAVE
A Mr. Clifford will be credited with 25 days (200 hours)of vacation leave at the start of his
employ.
B. Mr. Clifford is entitled to accrue,use, and be paid for sick and annual leave on the same
O basis as other City employees.
C. Mr. Clifford agrees to keep the Mayor reasonably informed of his absences. Mr. Clifford
further agrees that if he becomes eligible for disability benefits under a plan funded by the
City that the City may claim a credit for such benefits against any salary payments to which
Mr. Clifford is entitled for the same period.
Section 7: AUTOMOBILE
A. The City agrees to pay $650 per month,payable in equal bi-weekly installments as a
vehicle allowance,to be used to purchase, lease, or own, operate and maintain a vehicle. Mr.
Clifford is responsible for paying for liability,property damage, and comprehensive insurance
coverage upon such vehicle and is responsible for all expenses attendant to the purchase,
operation,maintenance, repair, and regular replacement of the vehicle.
B. Mr. Clifford agrees to the terms of the City's Vehicle Allowance Policy and Procedures
and any changes thereto.
Section 8: GENERAL BUSINESS EXPENSES
A. Communications. The City agrees to pay $100 per month, payable in equal biweekly
installments, as a cell phone allowance, to be used to purchase, lease,or own, operate and
maintain a cell phone. The City will also provide any other electronic equipment deemed
Onecessary by the parties.
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Cj B. Memberships. The City will pay Mr. Clifford's membership dues and assessments for
appropriate professional associations as agreed by the parties and as provided in the annual
budget.
C. Professional Development. The City agrees to pay Mr. Clifford's reasonable travel and
subsistence expenses for professional and official travel, meetings, and occasions to
adequately continue Mr. Clifford's professional development and to pursue necessary official
functions for Employer, including but not limited to the ICMA Annual Conference, Meetings
of the Municipal Association of South Carolina, and such other national, regional, state, and
local governmental groups and committees in which Mr. Clifford serves as a member. The
City shall also pay for travel and subsistence expenses for short courses, institutes and
seminars necessary for the good of the City, and shall pay for additional travel and
subsistence expenses incurred by Mr. Clifford's spouse when her presence at work-related
functions is expected or in the City's interest. Such payments or reimbursements will be in
accordance with the City's standard practices and are subject to annual budgetary restrictions.
Section 9: LIABILITY INSURANCE COVERAGE
Mr. Clifford will be covered by a comprehensive tort liability policy issued by the South
Carolina Municipal Insurance and Risk Financing Fund, by the insurance program sponsored
O by the Municipal Association of South Carolina,or by any similar program selected by the
City.
Section 10: TERMINATION
A. Employee's employment under the Agreement may be terminated prior to the end of the
tern only as provided in this Section.
B. Death. This Agreement shall terminate automatically and without notice or further
compensation upon Mr. Clifford's death. In this event, Mr. Clifford's estate will receive any
sums due him as base salary and/or reimbursement of expenses through the end of the month
during which death occurred.
C. Disability. This Agreement will terminate upon Mr. Clifford's having been continuously
unable to perform the full range of his duties for ninety(90) consecutive calendar days or
intermittently unable to perform the full range of his duties for ninety (90) calendar days in
any 365 consecutive days. The termination of this Agreement due to Mr. Clifford's disability
shall not immediately terminate his status as an employee of the City. In such a case,he will
remain an employee on leave of absence without pay until the Mayor takes action to change
such status. While in such status, Mr. Clifford is entitled to such disability income payments
as may be provided by one or more disability insurers in accordance with the terms of any
applicable disability insurance plan(s). While in such status,Mr. Clifford is entitled to any
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O other benefits provided by the City to employees on leave of absence without pay who have
exhausted their rights under the Family and Medical Leave Act.
D. For Cause. The City has the right to terminate this Agreement with Cause and without
notice or further compensation from the effective date of date of written notification. If Mr.
Clifford is terminated for cause under this provision,he will receive only any sums due him as
base salary and reimbursement of expenses through the date of termination. "Cause" includes
but is not limited to: (i)Mr. Clifford's commission or omission of any act which, in the
Mayor's reasonable opinion causes material or significant harm to the City including its
reputation; (ii)The indictment of Mr. Clifford for the commission or perpetration of
any crime involving dishonesty,moral turpitude, or fraud; (iii) Mr. Clifford's material
breach of this Agreement; (iv) Mr. Clifford's material violation of City policies that cause
or are reasonably likely harm to the city or its reputation. (v)The exhibition by Mr.
Clifford of a standard of behavior that is disruptive to the orderly conduct of the City's
business operations to a level which, in the Mayor's reasonable opinion, is materially
detrimental to the City's best interest; or (vi)Mr. Clifford's failure to devote his full
business time and attention to his employment unless covered under section 2.b.
E. Without Cause. The City may terminate this Agreement without cause upon ninety (90)
days' payment of salary and fringe benefits in lieu of notice or a combination of notice and
payment in lieu of notice totaling ninety (90) calendar days.
OSection 11: RESIGNATION
Mr. Clifford may terminate this Agreement at any time by delivery of a Notice of
Resignation to the City with a minimum of 90 days' notice. If Mr. Clifford resigns under this
provision,he will receive any sums due him as base salary and reimbursement of expenses
through his last day of work. If he fails to give and work at least 90 days' notice,he forfeits
the right to payment of accrued and unpaid vacation time, unless the parties agree otherwise.
Mr. Clifford may terminate his employment under this Agreement for Good Reason, he shall
receive as severance pay (in addition to accrued salary,benefits, reimbursements and any
unpaid amounts)the equivalent of 90 days base salary, less applicable withholdings payable
in a lump sum within thirty (30)days of such resignation for Good Reason. For purposes of
this Agreement, "Good Reason" shall be defined as: (a) a demotion or material reduction or
alteration of Mr. Clifford's job title, authority, status or job duties and responsibilities
inconsistent with his current position; (b)any reduction of Employee's then current base
salary or benefits; or(c) a relocation of Employee's principal office by more than fifty (50)
miles; (d)a material breach by the City of this Agreement. Before terminating this
Agreement for Good Reason, the Mr. Clifford must give the City prior written notice
indicating his intent to terminate for Good Reason and stating the reasons why he believes
there are grounds to terminate for Good Reason. The City will have thirty (30) days to correct
the default. If corrective action is not taken and the default is not cured within the thirty (30),
day period,he may terminate the Agreement for Good Reason.
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O Section 12: AMENDMENT
The parties may amend this Agreement at any time,but no amendment shall be effective
unless in writing and executed with the same formality as this Agreement. The failure of
either party to insist on any right under this Agreement shall not constitute an amendment of
the Agreement or a waiver of that party's right to insist on compliance with the Agreement in
the future.
Section 13: GENERAL PROVISIONS
A. This Agreement sets forth and establishes the entire understanding between the parties
relating to the employment of Mr. Clifford by the City. Any prior discussions or
representations by or between the parties are merged into and rendered null and void by this
Agreement. The parties by mutual written agreement may amend any provision of this
Agreement during the life of the Agreement. Such amendments shall be incorporated and
made a part of this Agreement.
B. Binding Effect. This Agreement shall be binding on the parties as well as their heirs,
assigns, executors, personal representatives and successors in interest.
C. Effective Date. This Agreement is effective on the first date of Mr. Clifford's employ
C which is tentatively scheduled for August 17,2020. Both parties recognize that Mr. Clifford's
tentative start date is contingent upon him being able to retire from the U.S. Army, which may
be delayed due to unforeseen circumstances.
D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not
affect the validity of any other provision. In the event that any provision of this Agreement is
held to be invalid,the remaining provisions shall be deemed to be in full force and effect as if
they have been executed by both parties subsequent to the expungement orjudicial
modification of the invalid provision.
IN WITNESS WHEREOF, the parties have executed this Employment Agreement between
the City of North Augusta,and James S. Clifford,this day of
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ITEM 12. ADMINISTRATIVE REPORTS:
Mayor Pettit reiterated that citizens have approximately seven weeks' notice to make their utility
payments current.
ITEM 13. CITIZENS COMMENTS/RECOGNITION OF VISITORS:
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O Please see the attached emails submitted to the City Clerk and read aloud for the May 18,2020
Council Meeting.
A. Citizen Comments were provided via email by:
Fred Ilardi (see attachment)
B. Council Comments:
Councilmember Dickert reminded the City should be careful to not tie the I cent
Hospitality Tax to any reoccurring expenses.
Mayor Pettit announced a Mid-Year Budget adjustment would be presented in July.
Councilmember Brooks asked Rachelle Moody, Interim City Administrator,to email
Council a draft copy of the Small Business Program she presented at Study Session.
Councilmember Carpenter asked that a study be conducted to see if a sidewalk could be
added on West Five Notch Road near Hammond Grove Word of Power Ministry.
Mayor Pettit made the following announcements:
• Municipal Court reopened today.
C • The South Carolina Governor has extended the State of Emergency until
May 28, 2020.
• Last week was National Police Officers Week
• "Hometown Heroes"banners are up on Georgia Avenue
• Former North Augusta City Councilmember, Dan Layman, passed away
recently at the age of 95.
There being no further business, Council adjourned at 7:47 p.m.
APPROVED THIS Is+ DAY OF Respectfully submitted,
Tune o o.
t0 Sharon Lamar
Robert A. Pettit City Clerk
Mayor
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Lamar, Sharon
From: Frederic Ilardi <fred00701@msn.com>
Sent: Monday, May 18, 2020 11:13 AM
To: Lamar,Sharon
Cc: Pettit, Robert
Subject: Comments and Questions For City Council Meeting of May 18,2020
Dear Ms. Lamar:
I am submitting the following email to be read at the City
Council Meeting of May, 18,2020. Thank you in advance for
your attention to this request.
For Council Meeting May 18,2020
Thank you for accepting my four (4) questions at
the May 4,2020 City Council Meeting and for
Mayor Pettit providing me answers to my
questions via an email to me.
My Questions for tonight are as follows:
1. Can you issue a directive to allow the posting
all citizens questions and your responses from
these virtual meetings be part of the Meeting
Minutes that are kept as part of the official City
C record? I would like my questions that you read
at the Council Meeting of May 4, 2020 and all
your answers to me that you provided to me in
an email, included. These answers provide
all with current information. The questions I
ask are submitted on behalf of many of our
citizens and your answers will provide all with
some extended clarity on how these outstanding
issues will be handled.
2. Can you let the citizens of North Augusta know
if the semi-annual bond payment due May
15,2020 was remitted to the bond holders?
If yes, will you identify what accounts these
funds had money available to pay this note?
If no, what are the plans that you and council
have discussed to remedy this situation?
3. As a follow up to my Question 2 at the
Council Meeting May 4 2020 which was
submitted as follows and I quote:
"The MID payments for property located in
Riverside Village was due May 1, 2020. Can you
provide the citizens an update on the collection of
these funds?"
CMayor Pettit's reply:
"For simplicity, I have elected to identify
properties with the "parcel" designation used
I
from the outset of the Riverside Village
development, instead of Tax Parcel Numbers. For
example, Parcel H, planned for single family
C residences, has separate tax parcel numbers for
the six lots within the overall parcel. The
Riverside Village Parcels with more than one Tax
Parcel Number required to make a MID payment
are shown with an *."
MID payment status for Riverside Village
Properties
Hammonds Ferry Payment
Parcel Designation Status
Parcel A* Not Paid
Parcel B Not Paid
Parcel C Not Paid
Parcel D Not Paid
Parcel F (Hotel) Paid
Parcel G* Not Paid
Parcel H* Not Paid
Parcel I Not Paid
Parcel J (Apts.) Paid
Parcel K Not Paid
My Comment: The MID was supposed to be a
safety net or back stop to insure that payments
for the Development Bond would be paid without
C using additional tax funds from citizens.
According to your response to me, of the total 10
parcels that you listed , on only 2 parcels was
MID assessments (property) tax collected as of
the May 1,2020 due date. Approximately
$825,000 payments are late and were
not remitted and penalties of approximately
$125,000 have been assessed. Surely that was
quite disappointing to all. It is possible
that this problem might have been
anticipated long before May 1,2020 because
some County Tax payments on these very same
properties were not paid on January 15,2020 and
not reported as an item of concern to our citizens
at any council meeting from that time to
present. For information purposes this occurred
before the Corona Virus was an issue and, in my
opinion, should not be used as an excuse for non
payment.
My Questions:
1. The citizens have been told that the City has
enough funds to pay the 1st half payment for the
Riverside Village bond payment due the first half
of this year. Is that true?
C 2. If yes, where did these funds come from?
3. If true, where was the City planning to use
these funds when the budget was prepared
or were funds shifted from other accounts to
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meet this obligation? Will any City functions be
curtailed if this happens?
4. Since there will be additional funds
required during the second half of 2020 for bond
payment, where will these funds be coming
from?
5. Can you identify any contingency plan that
the former City Administrator, Mayor and Council
set up just in case the tax payments were not
paid?
6. Is there any recourse to these Riverside
Village property owners to compel them to pay
delinquent taxes or is their option to just default
and lose their property?
7. When the properties were placed in separate
Corporations did anyone consider that this was
done so that each property could default
individually and give the owners the ability to
protect selected properties?
My Comments and Final Questions: Finally, It
appears that the trusted investors, former City
Administrator and Mayor and Council Members
have put the citizens in a very tenuous situation.
Is there any light at the end of the tunnel that
you can presently identify to give the citizens
hope that this can be resolved without substantial
increases in taxes to the citizens? Can you assure
C the citizens that since they didn't have the
opportunity to vote to approve the funds
necessary to fund Project Jackson (Riverside
Village) , they will not have to bear the burden of
a tax increase. The next bond payment is due
November 15,2020. Do you envision that these
bond payment funds will be available without a
tax increase?
Thank you again for the opportunity to provide
comments and questions at City Council
Meetings.
Sincerely,
Fred Ilardi
201-214-3010
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