121922 Council Mtg Discussion Items with Attachments
DISCUSSION ITEMS FOR
DECEMBER 19, 2022
CITY COUNCIL MEETING
The documentation provided herewith consists of advance draft materials for review by Mayor
and City Council. Such documents may be revised prior to the actual Council meeting before any
formal consideration of same by Mayor and City Council. Said documents may also be revised by
way of a proper amendment made at the Council meeting. These documents are informational
only and not intended to represent the final decision of the Council.
Page 1 of 3
Administration Department
Interoffice Memorandum
TO: Mayor and City Council
FROM: Jim Clifford, City Administrator
DATE: December 16, 2022
SUBJECT: Regular City Council Meeting of December 19, 2022
REGULAR COUNCIL MEETING
ITEM 5. COMMUNITY PROMOTION: Recognition of the Winners of the 2022 Mayor’s Writing Contest
Mayor Williams will recognize the following winners of the 2022 Mayor’s Writing Contest from grades 5
through 12.
School Student Name Grade
Belvedere Elementary Alejandra Martinez Rivera 5
Hammond Hill Elementary Paxton Stafford 5
Mossy Creek Elementary Jack Bell 5
North Augusta Elementary Karsyn Studebaker 5
North Augusta Middle Marcelina Gutierrez 8
North Augusta High Adam Towner 10
North Augusta High Julianne Hammond 11
North Augusta High Blake Jiunnies 12
North Augusta High Udorji Oji 12
OLD BUSINESS
ITEM 6. ELECTION: Ordinance No. 2022-20 An Ordinance to Partner with the Aiken County Board of
Registration and Elections to Conduct a Portion of the 2023 City of North Augusta Municipal General
Election – Second Reading
An ordinance has been prepared for Council’s consideration to approve An Ordinance to Partner with the
Aiken County Board of Registration and Elections to Conduct a Portion of the 2023 City of North Augusta
Municipal General Election; Ordinance – Second Reading.
Please see ATTACHMENT #6 for a copy of the proposed ordinance.
Page 2 of 3
NEW BUSINESS
ITEM 7. ADMINISTRATION: Resolution No. 2022-58 Authorizing Funding Allocation
Recommendations of the Accommodations Tax Advisory Committee for the Disbursement of
Revenues from the Accommodations Tax Year 2021-2022
A resolution has been prepared for Council’s consideration to approve the Authorizing Funding
Allocation Recommendations of the Accommodations Tax Advisory Committee for the Disbursement of
Revenues from the Accommodations Tax Year 2021-2022.
Please see ATTACHMENT #7 for a copy of the proposed resolution.
ITEM 8. PUBLIC SAFETY: Resolution No. 2022-59 Authorizing Creation of a Non-Profit Corporation
Known as the North Augusta Public Safety Foundation
A resolution has been prepared for Council’s consideration to approve Authorizing Creation of a Non-
Profit Corporation Known as the North Augusta Public Safety Foundation.
Please see ATTACHMENT #8 for a copy of the proposed resolution.
ITEM 9. ADMINISTRATION: Resolution No. 2022-60 Authorizing Creation of a Non-Profit Corporation
Known as the North Augusta Beautification Foundation
A resolution has been prepared for Council’s consideration to approve Authorizing Creation of a Non-
Profit Corporation Known as the North Augusta Beautification Foundation.
Please see ATTACHMENT #9 for a copy of the proposed resolution.
ITEM 10. PLANNING & DEVELOPMENT: Resolution No. 2022-61 Accepting a Deed of Dedication for
the Streets, Sanitary Sewer, Stormwater Collection and Fire Suppression Systems, and Associated
Easements and Rights of Way, Along with a Maintenance Guarantee and Letter of Credit, for Sibley Bluff
A resolution has been prepared for Council’s consideration to approve Accepting a Deed of Dedication for
the Streets, Sanitary Sewer, Stormwater Collection and Fire Suppression Systems, and Associated
Easements and Rights of Way, Along with a Maintenance Guarantee and Letter of Credit, for Sibley Bluff.
Please see ATTACHMENT #10 for a copy of the proposed resolution.
ITEM 11. PUBLIC WORKS: Resolution No. 2022-62 Authorizing the Acceptance of the Low Bid of AOS
Specialty Contractors, Inc. for the Bluff Avenue Streetscape Phase 2 (Roadway Improvements &
Downtown Greeneway, Phase 1)
A resolution has been prepared for Council’s consideration to approve Authorizing the Acceptance of the
Low Bid of AOS Specialty Contractors, Inc. for the Bluff Avenue Streetscape Phase 2 (Roadway
Improvements & Downtown Greeneway, Phase 1).
Please see ATTACHMENT #11 for a copy of the proposed resolution.
Page 3 of 3
ITEM 12. PUBLIC WORKS: Resolution No. 2022-63 Authorizing the Acceptance of the Low Bid of JD
Gaskins, Inc. for the Knobcone Avenue Sidewalk and Establishing Funding Sources for Construction
Expenses
A resolution has been prepared for Council’s consideration to approve Authorizing the Acceptance of the
Low Bid of JD Gaskins, Inc. for the Knobcone Avenue Sidewalk and Establishing Funding Sources for
Construction Expenses.
Please see ATTACHMENT #12 for a copy of the proposed resolution.
ORDINANCE NO. 2022-20
AN ORDINANCE TO PARTNER WITH THE AIKEN COUNTY BOARD OF
REGISTRATION AND ELECTIONS TO CONDUCT A PORTION OF THE
2023 CITY OF NORTH AUGUSTA MUNICIPAL GENERAL ELECTION
WHEREAS, in accordance with the Laws of South Carolina, and Ordinance No.
2022-16 adopted October 17, 2022, the City of North Augusta will hold an election on April
25, 2023 to elect three City Council Members; and
WHEREAS, the City desires to partner with the Aiken County Board of
Registration and Elections to conduct a portion of the election; and
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 City Administrator is authorized to enter into an agreement
with the Aiken County Board of Registration and Elections. Under the
terms of the agreement, the Aiken County Board of Registration and
Elections will provide:
a.Staffing of polling locations on Election Day, Tuesday, April 25,
2023
b.Delivery, set-up, maintenance, and removal of voting machines
c.Absentee and provisional ballots; seals, forms, and supplies
d.Poll workers and support staff
II.The Aiken County Board of Registration and Elections has estimated the
election costs and expenses to be $9424.69, see Exhibit A.
III.The Council approves payment of this amount from the City Council
Professional Services account.
IV.This Ordinance shall become effective immediately upon its adoption on
second reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ________ DAY OF
DECEMBER, 2022.
First Reading
Briton S. Williams, Mayor
Second Reading
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #6 Page 1 of 2
EXHIBIT A
City Of North Augusta General Election April 25, 2023 Cost Quanity Total
Estimated Cost
8 Polling Locations
Absentee Ballot Mail Out $1.75 42 73.50
Emergency /Provisional/Failsafe Another Printer 30 760 228.00
Test Ballots Vendor 40 40 16.00
Tax 19.52
337.02 337.02
Pull Tite Seals 0.1995 150 29.93
Tamper evident labels 0.3495 50 17.47
Subtotal 47.40 47.4
1 Polling Location Technician $150.00 1 150.00
Mileage for Polling Location Technician 0.625 50 31.25
Mileage for 1 Commissioner 0.625 50 31.25
Clerks Election Day 75 8 600.00
Clerk Drop Pickup and Dropoff Equipment 60 8 480.00
Election Day Poll Workers 75 40 3,000.00
Election Day Training Poll Clerks and Workers 60 48 2,880.00
Subtotal 7,172.50 7172.5
Election Day Base 6:30 AM until 8:00pm
Excutive Director $33.19 13hr 431.47
Assistant Director $25.05 13hr 325.65
Election Tech $15.50 13hr 201.50
Clerk III $16.56 13hr 215.28
1,173.90 1,173.90
26" Uhaul rental,delivery , pickup mileage and fees, tax 278.29 278.29
2 Drivers Dropoff Tuesday Pickup Wednesday $100 4 400.00
2 Loaders $100.00 4 400.00
Subtotal 800.00 800
Total 9,424.69$
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RESOLUTION NO. 2022-58
A RESOLUTION AUTHORIZING FUNDING ALLOCATION RECOMMENDATIONS
OF THE ACCOMMODATIONS TAX ADVISORY COMMITTEE FOR THE DISBURSEMENT OF
REVENUES FROM THE ACCOMMODATIONS
TAX YEAR 2021-2022
WHEREAS, the City of North Augusta receives state accommodations tax funding
from the state of South Carolina; and
WHEREAS, the City receives more than fifty thousand dollars in state accommodations
taxes and pursuant to Section 6-4-25 Code of Laws of South Carolina, formed a local advisory
committee consisting of seven members via Resolution 2019-32 and updated via Resolution 2020-45;
and
WHEREAS, Section 6-4-10(4) provides, in part, that the funds received by a
municipality collecting more than fifty thousand dollars from the state accommodations tax must
allocate the remaining balance, after statutory directed allocations to the General Fund and advertising
and promotion funds, to the special fund to use for tourism related expenditures; and
WHEREAS, the local accommodations tax advisory committee received ten
applications for funding for accommodations tax year 2021-2022; and
WHEREAS, the funding for accommodations tax year 2021-2022 to be allocated to
applicants totaling $104,460.02; and
WHEREAS, the local accommodations tax advisory committee met and reviewed the
applications, spoke with applicants and voted to recommend the following funding allocations for
Council’s consideration:
Project Name Organization Amount Requested Allocated Amount
Historic Driving Tour Arts & Heritage Center
Mary Anne Bigger
$4,000.00 $4,000.00
Lookaway Hall Marker Arts & Heritage Center
Milledge Murray
$1,250.00 $1,250.00
Peach Jam Hospitality City of North Augusta
Jeremy Jiunnies
$15,000.00 $15,000.00
2023 Jack-O-Lantern Jubilee City of North Augusta – PRT
Rick Meyer
$35,000.00 $25,000.00
2023 Amphitheater Events City of North Augusta – PRT
Derek Boyd
$25,000.00 $15,000.00
2023 River Event City of North Augusta – PRT
Derek Boyd
$15,000.00 $10,000.00
Storage Building & tables &
chairs for use in the pole barn
Olde Towne Preservation Association
Lynn Thompson
$18,000.00 $7,210.02
Downtown Promotion North Augusta Forward
Avery Spears-Mahoney
$10,000.00 $5,000.00
Visit North Augusta Digital
Campaign
City of North Augusta – PRT
Randy DuTeau
$15,000.00 $15,000.00
Community Center Upgrade City of North Augusta – PRT
Derek Boyd
$12,000.00 $7,000.00
FY 2021-2022 Allocation $104,460.02
ATTACHMENT #7 Page 1 of 2
Page 2 of 2
NOW THEREFORE BE IT RESOLVED by the Mayor and City Council for the City
of North Augusta, in meeting duly assembled and by the authority thereof that funding be allocated as
recommended by the local accommodations tax advisory committee and that the funding source be the
Accommodations Tax Fund for tax year 2021-2022.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF DECEMBER,
2022.
Briton S. Williams, Mayor
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #7 Page 2 of 2
RESOLUTION NO. 2022-59
AUTHORIZING CREATION OF A NON-PROFIT CORPORATION KNOWN AS THE
NORTH AUGUSTA PUBLIC SAFETY FOUNDATION
WHEREAS, the City of North Augusta continues to expand and grow and so does
the demand for services of the Public Safety Department – police, fire, dispatch, public
records, and animal control; and
WHEREAS, City Administration and Public Safety Department leadership
recognize the need to develop more effective public/private partnerships and alternative
funding streams for public safety service provision; and
WHEREAS, municipalities across the State of South Carolina and the country
have established police or public safety charitable foundations as innovative approaches to
resource development community relationship building; and
WHEREAS, public safety charitable foundations serve as philanthropic partners to
municipal departments by building community awareness, raising funds and collecting
resources to benefit the department, uniting residents with officers, and strengthening the
community as a whole; and
WHEREAS, public safety charitable foundations provide the opportunity for
individuals and businesses to provide tax-deductible support to their local law
enforcement and fire departments, selecting specific programs or materials to support in
accordance with their individual’s or corporate giving philosophy; and
WHEREAS, such foundations operate under the leadership of a board of directors,
with advisement from municipal and department leadership regarding department and
community needs and requirements; and
WHEREAS, City Administration and Public Safety Department leadership seek to
establish a local charitable foundation to supplement, not replace, tax dollars to enhance
public safety programming across the City.
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.A new, charitable non-profit corporation shall be established called the North
Augusta Public Safety Foundation;
2.A board of directors shall be appointed to govern the Foundation, as appointed
by City Council in a future resolution; and
3.The City Administrator or his designee is authorized to take the administrative
steps necessary to begin the formal establishment of the non-profit
corporation.
ATTACHMENT #8 Page 1 of 2
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF
DECEMBER, 2022.
Briton S. Williams, Mayor
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #8 Page 2 of 2
RESOLUTION NO. 2022-60
AUTHORIZING CREATION OF A NON-PROFIT CORPORATION KNOWN AS THE
NORTH AUGUSTA BEAUTIFICATION FOUNDATION
WHEREAS, the City of North Augusta continues to expand and grow and so does
the demand for attractive, quality public spaces and amenities – lush greenery, tree canopy
preservation, public art, ornamental designs, public furniture and general community
vibrancy; and
WHEREAS, City Administration and multiple City department leaders recognize
the need to develop more effective public/private partnerships and alternative funding
streams for open space beautification and public amenity provision; and
WHEREAS, municipalities across the State of South Carolina and the country
have established charitable beautification foundations as innovative approaches to
resource development, hometown pride generation, and community relationship building;
and
WHEREAS, beautification foundations serve as philanthropic partners to
municipal parks, property maintenance and other departments by raising funds, collecting
resources, and installing amenities in public spaces that benefit the community as a whole;
and
WHEREAS, charitable foundations provide the opportunity for individuals and
businesses to provide tax-deductible support to their local municipalities, selecting
specific programs or materials to support in accordance with the individual’s or corporate
giving philosophy; and
WHEREAS, such foundations operate under the leadership of a board of directors,
with advisement from municipal and department leadership regarding department and
community needs and requirements; and
WHEREAS, City Administration seeks to establish a local charitable foundation
to supplement, not replace, tax dollars to enhance beautification efforts across the City.
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.A new, charitable non-profit corporation shall be established called the North
Augusta Beautification Foundation;
2.A board of directors shall be appointed to govern the Foundation, as appointed
by City Council in a future resolution; and
3.The City Administrator or his designee is authorized to take the administrative
steps necessary to begin the formal establishment of the non-profit
corporation.
ATTACHMENT #9 Page 1 of 2
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF
DECEMBER, 2022.
Briton S. Williams, Mayor
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #9 Page 2 of 2
RESOLUTION NO. 2022-61
ACCEPTING A DEED OF DEDICATION FOR THE STREETS,
SANITARY SEWER, STORMWATER COLLECTION AND FIRE SUPPRESSION
SYSTEMS, AND ASSOCIATED EASEMENTS AND RIGHTS OF WAY, ALONG WITH
A MAINTENANCE GUARANTEE AND LETTER OF CREDIT,
FOR SIBLEY BLUFF
WHEREAS, Margaret B. Copenhaver as Trustee of Item V Trust for Last Will
and Testament of Alonzo P. Boardman, Jr. developed Sibley Bluff 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 September 15, 2022 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 tracts or parcels of land, with improvements thereon situate, lying and being in Aiken
County, South Carolina, and designated as River Oak Dr. (50’ R/W), on a Record Plat of
Sibley Bluff Neighborhood Development, by John M. Bailey & Associates, P.E. dated May
12, 2022 and recorded in the office of the RMC of Aiken County, South Carolina, on
September 16, 2022 in Plat Book 64, Pages 378-379.
The Plat is incorporated herein by reference for a more complete description of the
metes, bounds, courses, distances and location of all land described herein.
AND ALSO, permanent exclusive utility easements for maintenance, repair and
operation of facilities, machinery and equipment to provide utility services as described above
within the areas described on the Plat as: NEW UTILITY EASEMENT 10’ ON EACH SIDE
OF EXISTING EASEMENT TO BE DEED TO CITY OF NORTH AUGUSTA10’ SAN.
SEWER EASEMENT, all as shown on the above referenced recorded plat.
Tax Map and Parcel: 003-08-07-001
ATTACHMENT #10 Page 1 of 22
BE IT FURTHER RESOLVED that a Maintenance Guarantee and letter of
credit in the amount of $29,500.00 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
DECEMBER, 2022.
Briton S. Williams, Mayor
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #10 Page 2 of 22
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Beneficiary
IRREVOCABLE STANDBY LETTER OF CREDIT 5502032
MAINTENANCE GUARANTEE
Applicant PP20-006
City of North Augusta 100
100 Georgia Avenue
North Augusta, SC 29841
Margaret B. Copenhaver TTEE
Item V Trust Last Will and
Testament Alonzo P. Boardman Jr.
Issue Date: September 8, 2022
Expiry Date: September 8, 2024
To Whom It May Concern:
We hereby establish our 24-Month Irrevocable Letter of Credit
("Letter of Credit") in favor of The City of North Augusta
available by draft drawn on Queensborough National Bank and Trust
Company, at sight for any sum of money not to exceed twenty-nine
thousand five hundred ($29 ,500 .00) for Margaret B. Copenhaver TIEE
Item V Trust Last Will and Testament of Alonzo P. Boardman Jr.,
hereinafter 11Applicant 11 ) when accompanied by the following:
1. A written certificate executed by the appropriate and
authorized City of North Augusta staff stating that Applicant
has failed to perform as agreed, and that the amount of said
draft represents the actual amount of funds due to you as a
result of Applicant's failure to perform as contracted;
2. Draft must bear on its face the clause, "Drawn under
Letter of Credit dated September 8,2022 ; and
3. The original Letter of Credit, together with any amendment.
This Letter of Credit supports the infrastructure improvements
under a Maintenance Guarantee for Sibley Bluff.
This Letter of Credit is valid until September 8,2024, at 5:00
p.m. A Draft drawn hereunder, if accompanied by documents as
specified above, will be honored if presented to Queensborough
National Bank and Trust Canpany.
This Letter of Credit is governed by the Uniform Customs and
@ FDIC
m,.-.: 361 7 Walton Way El tcnsion • Augusta. GA 3!1Xl9 ''""'" 706-731-1400 "' 706-731-'\901 ""'". www.QNBTRUST.hank
ATTACHMENT #10 Page 10 of 22
IRREVOCABLE STANDBY LETTER OF CREDIT
Page 2
September 8,2022
Practice for Documentary Credits, 2007 Revision, International
Chamber of Commerce Publication No. 600 (UCP), or any later
version or amendment . This Letter of Credit is also governed by
the laws of the State of South Carolina, except as those laws
conflict with UCP.
Queensborough National Bank and Trust Company
By: /~w/j~------
~, Loan Officer
~ FDIC
urnn: 3617 Walton Way Exlcn~ion • Augusta, GA 30909 ''""" 706-73 I -14(XJ , " 706-7 31-590 I """' www.QNBTRUST.hank
ATTACHMENT #10 Page 11 of 22
STATE OF SOUTH CAROLINA
COUNTY OF AIKEN
NAME OF SUBDIVISION:
)
) MAINTENANCE GUARANTEE
)
SIBLEY BLUFF
DEVELOPER/OWNER: Margaret B. Copenhaver Trustee of Item V
Trust for the last w/t of Alonzo P. Boardman, Jr.
DATE OF FINAL SUBDIVISION PLAT APPROVAL: $ep-fen1~ 16 1 2022
MAINTENANCE GUARANTEE AMOUNT: $29,500.00
WHEREAS, Margaret B. Copenhaver, Trustee of Item V Trust for the last
wit of Alonzo P. Boardman, Jr. has submitted a final plat for Sibley Bluff,
prepared by Johnson, Laschober, and Associates dated May 12, 2022 for 5
single-family detached residential lots situated in the City of North Augusta,
County and State aforesaid; and
WHEREAS, the North Augusta Planning Commission, meeting on
October 15, 2020, did grant major subdivision preliminary plat approval for Sibley
Bluff, and the Director of Planning and Development and the City Engineer
signed the major subdivision plan on November 12, 2020; and
WHEREAS, the City Engineer has inspected the infrastructure
improvements for Sibley Bluff and has duly certified that said improvements are,
to the best of his knowledge based upon such inspection, built to the City of
North Augusta design standards; and
WHEREAS, pursuant to §5.8.4 of the North Augusta Development Code,
the Director of Planning and Development and the City Engineer approved the
final subdivision plat for recording on ~~~ I" , 2022; and
WHEREAS, the Director of Planning and Development and the City
Engineer recommend that the City accept from the developer a Maintenance
Guarantee to insure that proper workmanship and materials were in fact used in
regard to infrastructure improvements and to insure that, in the event of failure in
regard to said improvements for any reason except force majeure, the City would
have adequate funds necessary to return such improvements to an acceptable
condition.
NOW, THEREFORE, as security for the maintenance by the developer of
the infrastructure improvements as shown on the final subdivision plat for Sibley
ATTACHMENT #10 Page 12 of 22
Maintenance Guarantee -Sibley Bluff Page 2 of 5
Bluff, as well as for any other improvements provided and proposed to be
granted to the City by deed of dedication in accordance with §5.8.5 of the North
Augusta Development Code, the developer does hereby guarantee the
maintenance of the infrastructure improvements under and pursuant to the
following terms.
INFRASTRUCTURE IMPROVEMENTS SUBJECT TO THIS GUARANTEE
This Maintenance Guarantee shall extend to all infrastructure
improvements proposed to be deeded to, dedicated to, transferred or
otherwise assigned to the City of North Augusta by the developer. Such
improvements shall include, where applicable, the following but not be
limited to such specified improvements:
A. Streets and associated improvements;
B. Water distribution system;
C. Stormwater collection system;
D. Subdivision trees;
E. Easements and rights of way for streets, sidewalks, water
supply, and sanitary sewage and stormwater collection systems.
REPRESENTATIONS BY THE DEVELOPER
The Developer represents to the City of North Augusta that:
A. For a period of twenty-four (24) months from the approval of the
final plat, the improvements will not fail, for any reason, with the
exception of force majeure;
B. The Developer has submitted the Deed of Dedication and a
monetary guarantee, in the form of an Irrevocable Letter of
Credit in the amount of $29,500.00, in support of this
Maintenance Guarantee in accordance with §5.8.4 and 5.8.5 of
the North Augusta Development Code within the specified time
period;
C. The City Engineer for the City of North Augusta shall have full
and absolute discretion and authority in determining whether or
not a failure has occurred in regard to the infrastructure subject
to this Maintenance Guarantee.
REMEDIES IN THE EVENT OF DEFAULT
In the event that the City Engineer for the City of North Augusta, in his
sole discretion, determines that a failure has occurred, he shall provide
written notice of such failure to the developer with a request for the
immediate correction of said failure. In the event of failure by the
developer to make such repairs as necessary within sixty (60) days of
such written notice or within ten (10) days, in the event of such notice
ATTACHMENT #10 Page 13 of 22
Maintenance Guarantee -Sibley Bluff Page 3 of 5
being received during the last sixty (60) days covered by this Maintenance
Guarantee and letter of credit, the following conditions shall prevail:
A. This Maintenance Guarantee shall be considered violated and
in default with the City having full right and authority to make
claims on the guarantee amount provided for herein.
B. The City may make claim against the full amount of the
monetary guarantee, until such time as the City is able to make
the necessary repairs to the infrastructure.
C. Following the completion of the repairs to the infrastructure to
the satisfaction of the City Engineer, any funds remaining from
the monetary guarantee shall be refunded to the developer.
D. The City is entitled to compensation, at a reasonable rate, for
any in-house services provided by the City for the purpose of
correcting failures or deficiencies to the infrastructure.
E. The City shall have full and absolute authority in regard to a
determination as to party or parties contracted with for the
purpose of making repairs as required.
(Signature pages follow)
ATTACHMENT #10 Page 14 of 22
Maintenance Guarantee -Sibley Bluff Page 4 of 5
IN WITNESS WHEREOF, Margaret B. Copenhaver, Trustee of Item V Trust for
the last wit of Alonzo P. Boardman, Jr. has caused these presents to be
executed this ,s..,. day of A'!jtt.s+ , 2022.
-hf/-Lb~A:'.....:_. ~?======:::::--.,,,,,::::::-..__~BY: ~ ~ ( ~c:--
WITNESS MARGARET 8. COPENHAVER
ITS: TRUSTEE OF ITEM V
TRUST FOR THE LAST WIT OF
ALONZO P. BOARDMAN, JR.
ATTACHMENT #10 Page 15 of 22
Maintenance Guarantee -Sibley Bluff Page 5 of 5
ACCEPTED THIS G~ DAY OF S,.,&~,W-.. ,20 2-L
City of North Augusta
~WIT. ~NE· ,t!l~ ~ -. . B 'Y: r ;-____;;;_~-------
:::::--J James S. Clifford
~ ITS: City Administrator wrd 2~~
ATTACHMENT #10 Page 16 of 22
Beneficiary
r'\
Q~~Q~QllQ~
IRREVOCABLE STANDBY LETTER OF CREDIT 5502031
PERFORMANCE GUARANTEE
Applicant PP20-006
City of North Augusta 100
100 Georgia Avenue
North Augusta, SC 29841
Margaret B. Copenhaver TTEE
Item V Trust Last Will and
Testament Alonzo P. Boardman Jr.
Issue Date: September 8, 2022
Expiry Date: September 8, 2023
To Whom It May Concern:
We hereby establish our 12-Month Irrevocable Letter of Credit
("Letter of Credit") in favor of The City of North Augusta
available by draft drawn on Queensborough National Bank and Trust
Company, at sight for any sum of money not to exceed two thousand
five hundred ($2,500 .00) for Margaret B. Copenhaver TIEE Item v
Trust Last Will and Testament of Alonzo P. Boardman Jr.,
(hereinafter "Applicant") when accompanied by the following:
1. A written certificate executed by the appropriate and
authorized City of North Augusta staff stating that Applicant
has failed to perform as agreed, and that the amount of said
draft represents the actual amount of funds due to you as a
result of Applicant's failure to perform as contracted;
2. Draft must bear on its face the clause, "Drawn under
Letter of Credit dated September 8, 2022"; and
3. The original Letter of Credit, together with any amendment.
This Letter of Credit supports the infrastructure improvements
under a Performance Guarantee for Sibley Bluff.
This Letter of Credit is valid until September 8, 2023, at 5:00
p.m. A draft drawn hereunder, if accompanied by documents as
specified above, will be honored if presented to Queensborough
National Bank and Trust Company.
This Letter of Credit is governed by the Uniform Customs and
~ FDIC
ornn: 3617 Wallon Way Extension • August:1. GA 30909 ''""'" 706-731-14(X) •··" 706-731 -5901 "".,..,. www.QNBTRUST.hun~
ATTACHMENT #10 Page 17 of 22
IRREVOCABLE STANDBY LETTER OF CREDIT
Page 2
September 8,2022
Practice for Documentary Credits, 2007 Revision, International
Chamber of Commerce Publication No. 600 (UCP), or any later
version or amendment. This Letter of Credit is also governed by
the laws of the State of South Carolina, except as those laws
conflict with UCP.
Queensborough National Bank and Trust Company
By:~ ·~ ~nee, Loan Officer
FDIC
omn: 3617 Wahon Way Extension • Augusta. GA 30909 "1"1" 706-731-14(Xl '" 706-731 -5901 '"'.1,r www.QNBTRUST.hank
ATTACHMENT #10 Page 18 of 22
STATE OF SOUTH CAROLINA
COUNTY OF AIKEN
PERFORMANCE GUARANTEE
(Landscaping Improvements)
THIS AGREEMENT IS MADE AND ENTERED INTO this \6#1 day of w 2022, by
and between Margaret B. Copenhaver, Trustee of Item V Trust for the last w/t of Alonzo P.
Boardman, Jr. hereinafter known as "Applicant", and the City of North Augusta, hereinafter
known as "City". The designations Applicant and City as used herein shall include said parties,
their heirs, successors and assigns.
WITNESSETH:
WHEREAS, Margaret B. Copenhaver, Trustee of Item V Trust for the last w/t of Alonzo P.
Boardman, Jr. received approval for Application PP20-006, a major subdivision preliminary plat
to construct Sibley Bluff located on River Oak Drive, Tax Parcel Number 003-08-07-001; and
WHEREAS, the Applicant wishes to begin construction prior to completion of the
landscaping and the City requires assurance that the unfinished site improvements will be
completed in a timely manner and in accordance with the approved subdivision plan; and
WHEREAS, pursuant to §5.8.6 of the North Augusta Development Code, the City requires
that the Applicant execute a Performance Guarantee supported by a check in the amount of two-
thousand five hundred dollars ($2,500.00), representing one hundred twenty-five percent (125%)
of the estimated construction cost, to guarantee completion ofthe remaining site improvements.
IT IS HEREBY AGREED AS FOLLOWS:
1. A check in favor of the City in the amount of $2,500.00 has been provided; and
2. The Applicant will complete the remaining site improvements not later than twelve
months following the effective date of this agreement with City development
standards and the approved specifications in the Applicant's major subdivision
application approved November 10, 2020; and
3. The Director of Planning and Development or their designee shall regularly inspect
the site improvement installation and exercise reasonable discretion to determine if
the site improvement installation has been timely completed in conformity with City
standards and approved major site plan modification specifications; and
4. The Director of Planning and Development, upon receipt of the Applicant's request to
reduce the amount of the letter of credit based on satisfactory partial completion of
ATTACHMENT #10 Page 19 of 22
Performance Guarantee -Sibley Bluff Landscaping Page 2 of 4
required improvements during the twelve month improvement installation period,
shall have the discretion to approve and implement said request; and
5. If the Director of Planning and Development approves the final inspection of the
finished site improvements either on a date earlier than the expiration of the
Performance Guarantee or at the time of the expiration of the Performance
Guarantee, the City shall acknowledge in writing that the Applicant has fully
performed under the terms of the Performance Guarantee and release the letter of
credit,
6. If for any reason the applicant fails to complete the project within eleven {11) months
of the date of issuance of the check, the Director of Planning and Development shall
provide a notice of deficiencies that must be completed by the end of the twelfth
month. In the event that the project is not completed to the satisfaction of the
Director of Planning and Development within the twelve (12) month time period, the
following conditions shall prevail:
a. The Director of Planning and Development or their designee shall have full and
absolute discretion and authority in determining whether or not a failure or
default has occurred under the terms of this Guarantee;
b. In the event the Applicant fails to timely complete installation of the remaining
site improvements in accordance with the approved major subdivision plan after
receiving the notice provided for above, the City shall have the right to make
claims on the funds provided by the Applicant to support the Performance
Guarantee;
c. In the event of a failure or default, the City reserves the exclusive right to
determine who may be retained to complete installation of the remaining site
improvements; and
d. Any excess funds over and above those needed to complete installation of the
remaining site improvements shall be refunded to the Applicant. The
determination of such excess is to be under the sole discretion of the City.
ATTACHMENT #10 Page 20 of 22
Performance Guarantee -Sibley Bluff Landscaping Page 3 of 4
IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year
above first written.
By:
Stateofl(~
Countyof_~----~=..;...;;..a.&..::;.&.~
Margaret B. Cop~
As Trustee of Item V Trust for the last w/t of Alonzo
P. Boardman, Jr.
On this J Sf+' day of A "j"'6f 2022, before me personally appeared
"1ero 3t'c.-f 6. Co,enba.yetwho provided satisfactory evidence of his identification to be the
person whose name is subscribed to this instrument, and she acknowledged that she executed
the foregoing instrument.
~$.Lrvtlh ~otybfu:
'll(i&A.n,..Jl:ounty, State of~
My commission expires: 3 / 3 I
(Signature pages continue)
ATTACHMENT #10 Page 21 of 22
Performance Guarantee -Sibley Bluff Landscaping
Accepted this '2. ~ day of 5e.;J/e M~"-.J , 2022.
State of South Carolina
County of Aiken
THE CITY OF NORTH AUGUSTA
As its: City Administrator
Page4of4
On this ~ day o~tC 2022, before me personally appeared James S. Clifford,
North Augusta City Administrator, who provided satisfactory evidence of their identification to
be the person whose name is subscribed to this instrument, and acknowledged that they
executed the foregoing instrument.
~
Aiken County, South Carolina
My commission expires: \ 3~ <z/~o.3;A
JAMIE PAUL
Notary Publlc, State c:A South Garollna
My Commission Expires 312812032
ATTACHMENT #10 Page 22 of 22
RESOLUTION NO. 2022-62
AUTHORIZING THE ACCEPTANCE OF THE LOW BID OF AOS SPECIALTY
CONTRACTORS, INC. FOR THE BLUFF AVENUE STREETSCAPE PHASE 2
(ROADWAY IMPROVEMENTS & DOWNTOWN GREENEWAY, PHASE 1)
WHEREAS, Resolution 2021-31 reprioritized the project and funding list for
Capital Project Sales Tax IV (CPST IV); and
WHEREAS, as a result of Resolution 2021-31 the Road Reconstruction Program
was moved to priority position #2, with a total budget allocation of $3,000,000; and
WHEREAS, Bluff Avenue is the first priority in the Road Reconstruction
Project List as provided on the CPST IV referendum ballot; and
WHEREAS, Resolution 2022-49 allocated $180,000.00 for the Bluff Avenue
Streetscape Utility Relocations; and
WHEREAS, the Engineering Department solicited bids for the Bluff Avenue
Streetscape Phase 2 (Roadway Improvements & Downtown Greeneway, Phase 1); and
WHEREAS, on December 1, 2022, two sealed bids were received, publicly
opened and read aloud; and
WHEREAS, the low bid by AOS Specialty Contractors, Inc. is in the amount of
$1,999,645.00; and
WHEREAS, the Mayor and City Council of the City of North Augusta find that
the awarding of such bid is in the best interest of the City.
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 AOS Specialty Contractors, Inc. shall be awarded the contract for the Bluff Avenue
Streetscape Phase 2 at the bid amount of $1,999,645.00.
BE IT FURTHER RESOLVED that construction contingency funding shall also
be provided in the amount of $99,982.25 (5%).
BE IT FURTHER RESOLVED that funding for the Bluff Avenue Streetscape
Phase 2 construction shall be from the Sales Tax IV Fund, Road Reconstruction Program.
BE IT FURTHER RESOLVED that the City Administrator is authorized to
execute any documents required for the entering into of this contract.
ATTACHMENT #11 Page 1 of 2
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF
DECEMBER, 2022.
Briton S. Williams, Mayor
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #11 Page 2 of 2
RESOLUTION NO. 2022-63
AUTHORIZING THE ACCEPTANCE OF THE LOW BID OF JD GASKINS, INC. FOR
THE KNOBCONE AVENUE SIDEWALK AND ESTABLISHING FUNDING SOURCES
FOR CONSTRUCTION EXPENSES
WHEREAS, the City applied for and received a Transportation Alternatives
Program (TAP) grant from the South Carolina Department of Transportation (SCDOT) for the
Knobcone Avenue Sidewalk (Project); and
WHEREAS, the Engineering Department solicited bids for the Project on
October 18, 2022; and
WHEREAS, on November 8, 2022, two sealed bids were received, publicly
opened and read aloud; and
WHEREAS, the low bid by JD Gaskins Construction, Inc. is in the amount of
$457,934.20; and
WHEREAS, the Project has a Disadvantaged Business Enterprise (DBE) goal
of 17.5%; and
WHEREAS, JD Gaskins’ proposed DBE Subcontractor is SITEC Construction,
represented by David McGhee; and
WHEREAS, the SCDOT has reviewed the City’s bidding process and bids
received and has given concurrence to award the construction contract to JD Gaskins
Construction, Inc.; and
WHEREAS, the Mayor and City Council of the City of North Augusta find that
the awarding of such bid is in the best interest of the City.
WHEREAS, other construction-related costs bring the total estimated Project
cost to $535,625; and
WHERAS, the City of North Augusta is responsible for 20% of the Project cost,
and 100% of the project cost in excess of the SCDOT’s maximum funding of $403,264.00.
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 JD Gaskins Construction, Inc. shall be awarded the contract for the Knobcone Avenue
Sidewalk at the bid amount of $457,934.20.
BE IT FURTHER RESOLVED that funding for the City’s portion of the Project
cost shall be from the Street Improvement Fund, Sidewalk and Curbing Program, and, if needed,
any other unrestricted fund balance.
BE IT FURTHER RESOLVED that all project reimbursements received from
SCDOT shall be deposited into the Street Improvement Fund.
BE IT FURTHER RESOLVED that the City Administrator is authorized to
execute any documents required for the entering into of this contract.
ATTACHMENT #12 Page 1 of 2
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF
DECEMBER, 2022.
Briton S. Williams, Mayor
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #12 Page 2 of 2