090517 Sp Called Council Mtg Mins Adopted 3
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MINUTES OF SEPTEMBER 5, 2017
Lark W. Jones, Mayor
James M. Adams, Jr., Councilmember
J. Robert Brooks, Councilmember
Pat C. Carpenter, Councilmember
Fletcher L. Dickert, Councilmember
Kenneth J McDowell, Councilmember
David W. McGhee, Councilmember
ORDER OF BUSINESS
The Special Called meeting of September 5, 2017, having been duly publicized, was called to
order by Mayor Jones at 6:00 p.m. in the Council Chambers on the third floor of the Municipal
Center and adjourned at 6:21 p.m.
Per Section 30-4-80(e) notice of the meetings 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 meetings 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.
Members present were Mayor Jones and Councilmembers, Adams, Brooks, Carpenter, Dickert,
McDowell, and McGhee.
Also in attendance were B. Todd Glover, City Administrator; Kelly F. Zier, City Attorney;
Cammie T. Hayes, Director of Finance; Richard L. Meyer, Director of Parks, Recreation, &
Tourism; Amanda J. Sievers, Interim Director of Planning and Development; John C. Thomas,
Director of Public Safety; Thomas C. Zeaser, Director of Engineering and Public Works; and
Donna B. Young, City Clerk.
ITEM 1. FINANCE: Resolution 2017-37 - A Resolution to Authorize the City to
Enter into an Amendment to Base Lease Agreement and
Installment Purchase and Use Agreement; and to take such
Actions as are Necessary in Furtherance of the Subdivision of
the Clubhouse
On motion by Councilmember McDowell, second by Councilmember Brooks,
Council unanimously passed a resolution authorizing the City to enter into an
Amendment to the Base Lease Agreement and Installment Purchase and Use
Agreement and to take such actions as are necessary in furtherance of the
Subdivision of the Clubhouse.
The resolution text is as follows:
RESOLUTION NO. 2017-37
A RESOLUTION TO AUTHORIZE THE CITY TO ENTER INTO AN AMENDMENT TO
BASE LEASE AGREEMENT AND INSTALLMENT PURCHASE AND USE AGREEMENT;
AND TO TAKE SUCH ACTIONS AS ARE NECESSARY IN FURTHERANCE OF THE
SUBDIVISION OF THE CLUBHOUSE
WHEREAS, the City of North Augusta, South Carolina (the "City") is
participating in the development of the public-private development known as Project Jackson;
and
WHEREAS, to finance certain public improvements contained within Project
Jackson, the North Augusta Public Facilities Corporation (the "Corporation") issued its
$69,450,000 original principal amount Installment Purchase Revenue Bonds (City of North
Augusta Project), Taxable Series 2017B (the "Bonds") on May 16, 2017; and
WHEREAS, the Bonds were issued under the provisions of a Trust Agreement
dated May 16, 2017 (the "Trust Agreement"), by and between the Corporation and U.S. Bank
National Association, as Trustee (the "Trustee"), and the City and the Corporation entered into
an Installment Purchase and Use Agreement dated May 16, 2017 (the "Purchase and Use
Agreement") and a Base Lease Agreement dated May 16, 2017 (the "Base Lease"); and
WHEREAS, the Purchase and Use Agreement and Base Lease provide for the
installment purchase by the City of certain improvements and the use of such improvements
during the term of the Bonds; and
WHEREAS, the provisions of Section 5.3(c) of the Trust Agreement require that
prior to the Trustee releasing certain proceeds of the Bonds to provide funds with which to
design, construct, furnish, or equip the Clubhouse (as defined in the Trust Agreement), certain
conditions have to be met, including (i) the Base Lease and the Purchase and Use Agreement
shall have each been amended to include a legal description of the Clubhouse reflecting the legal
subdivision of the Clubhouse from other facilities located on the site of the Clubhouse, such
amendments shall have been recorded and copies of both showing the date of recording shall
have been provided to the Trustee, (ii) the Trustee shall have received an ALTA Title Insurance
policy, endorsement to an existing ALTA Title Insurance policy, or an opinion of counsel
indicating that the Clubhouse is free and clear of any mortgage liens, and reflecting all matters of
record impacting the use and ownership of the Clubhouse, which matters conform with the
requirements of the Master Development Agreement (as defined in the Trust Agreement) and do
not materially interfere with the development and use of the Clubhouse as contemplated thereby,
as certified to the Trustee by the City Representative (as defined in the Trust Agreement), and
(iii) the Trustee shall have received a legal opinion to the effect that the Clubhouse has been
lawfully subdivided in accordance with the requirements of the Master Development Agreement
(collectively, the "Conditions"); and
WHEREAS, in order to satisfy the Conditions, the City now has before it a draft
of an Amendment to Base Lease Agreement and Installment Purchase and Use Agreement
between the City and the Corporation (the "Amendment"); and
WHEREAS, the City Council finds that entering into the Amendment and
affecting the subdivision and acquisition of the Clubhouse is a necessary and desirable step,
contemplated by the documents entered into with respect to the issuance of the Bonds, in order to
continue the development of Project Jackson.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the
City of North Augusta, in meeting duly assembled and by the authority thereof, that:
1. The City approves the Amendment presented before this meeting.
2. The Mayor of the City, the City Clerk of the City and the City
Administrator (the "City Authorized Representatives") are authorized to
execute the Amendment on behalf of the City.
3. The City Authorized Representatives are authorized to approve and
execute such further documents, agreements, certificates or documentation
that are in keeping with the purposes of the Amendment and which further
the acquisition and subdivision of the Clubhouse, including, but not
limited to, approving the Master Deed for Greenstone Condominium
Horizontal Property Regime, which creates the condominium unit that
comprises the Clubhouse, and approval of the deed in favor of the City to
said condominium unit.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
NORTH AUGUSTA, SOUTH CAROLINA, ON THIS THE 5TH DAY OF SEPTEMBER, 2017.
ITEM 2. PLANNING: Ordinance No. 2017-10 - An Ordinance Establishing the Department
of Planning and Development,Third and Final Reading
On motion by Councilmember Carpenter, second by Councilmember Dickert,
Council unanimously adopted an ordinance on third and final reading establishing
the Department of Planning and Development.
Please see the minutes of August 21, 2017 for the ordinance text.
ITEM 3. PARKS,RECREATION,AND TOURISM: Resolution 2017-38 - A Resolution
Committing the City of North Augusta to Provide a Local Match for a Municipal
Association of South Carolina Hometown Economic Development Grant
On motion by Mayor Pettit, second by Councilmember Brooks, Council
unanimously passed a resolution committing the City of North Augusta to provide a
local match for a Municipal Association of South Carolina Hometown Economic
Development grant.
The resolution text is as follows:
RESOLUTION NO. 2017-38
A RESOLUTION COMMITTING THE CITY OF NORTH AUGUSTA TO PROVIDE A
LOCAL MATCH FOR A MUNICIPAL ASSOCIATION OF SOUTH CAROLINA
HOMETOWN ECONOMIC DEVELOPMENT GRANT
WHEREAS, the City is aware of a grant program through the South Carolina
Municipal Association that could provide funds to be utilized for the Parks, Recreation and
Tourism Department Master Plan; and,
WHEREAS, the grant program requires a minimum match for funding by the
grant recipient in the amount of 15%. Such match must be in the form of cash; and,
WHEREAS, the Director of Parks, Recreation and Tourism has recommended
that the City apply for a $25,000.00 grant, which is the maximum grant available; and,
WHEREAS, after considering the matter, the Mayor and City Council have
determined that such request is appropriate and it would be in the best interest of the City that the
City apply for said grant.
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 following is authorized:
1. The Parks, Recreation and Tourism Department is authorized to apply for
a $25,000.00 South Carolina Hometown Economic Development Grant to
be used by the City for funding for the preparation of a new Parks,
Recreation and Tourism Department Master Plan.
2. The City Administrator is authorized to execute any documents necessary
to apply for said grant.
3. The City commits to a local cash match of at least $3,750.00 in the event
that the City is awarded the grant.
4. The funding for the $3,750.00 cash match will come from the Parks,
Recreation and Tourism Department budget.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
NORTH AUGUSTA, SOUTH CAROLINA, ON THIS THE 5TH DAY OF SEPTEMBER,2017.
There being no further business, the meeting adjourned at 6:21 p.m.
APOV D HI l6' DAY OF Respectfully submitted,
, 2017. Q • 21).Plird-
J/ Donna B. Young
Robert A. Pettit, ayor City Clerk