a resolution of charleston county council ......2016/03/22  · march 22, 2016 charleston, sc a...

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March 22, 2016 Charleston, SC A meeting of Charleston County Council was held on the 22 nd day of March, 2016, in the Beverly T. Craven Council Chambers, Second Floor of the Lonnie Hamilton, III Public Services Building, located at 4045 Bridge View Drive, Charleston, South Carolina. Present at the meeting were the following members of Council: J. Elliott Summey, Chairman, who presided, Colleen T. Condon, Henry Darby, Anna B. Johnson, Teddie Pryor, Joseph K. Qualey, A. Victor Rawl, Herbert R. Sass, III and Dickie Schweers. County Administrator Keith Bustraan and County Attorney Joseph Dawson were also present. Rev. Reid gave the invocation and Deputy Administrator for Transportation Development and Public Works Jim Armstrong led in the pledge to the flag. The Deputy Clerk reported that in compliance with the Freedom of Information Act, notice of meetings and agendas were furnished to all news media and persons requesting notification. The Chairman called for a moment of silence in memory of long-time County employee in the Fleet Operations Department, Mark Kostos, who unexpectedly passed away over the weekend. At the conclusion of the moment of silence, Mr. Pryor moved approval of the requested resolutions, seconded by Mr. Rawl, and carried. The two resolutions are as follows: A RESOLUTION OF CHARLESTON COUNTY COUNCIL WHEREAS, the Community Development Block Grant (CDBG) Program has operated since 1975 to provide local governments with the resources required to meet the needs of persons of low and moderate income, and CDBG funds are used by thousands of neighborhood-based non-profit organizations throughout the nation to address pressing neighborhood and human service needs; and WHEREAS, the Community Development Block Grant Program has had a significant impact on our local economies through job creation, physical redevelopment and improved local tax bases; and;

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  • March 22, 2016 Charleston, SC

    A meeting of Charleston County Council was held on the 22nd day of March, 2016, in the Beverly T. Craven Council Chambers, Second Floor of the Lonnie Hamilton, III Public Services Building, located at 4045 Bridge View Drive, Charleston, South Carolina. Present at the meeting were the following members of Council: J. Elliott Summey, Chairman, who presided, Colleen T. Condon, Henry Darby, Anna B. Johnson, Teddie Pryor, Joseph K. Qualey, A. Victor Rawl, Herbert R. Sass, III and Dickie Schweers. County Administrator Keith Bustraan and County Attorney Joseph Dawson were also present. Rev. Reid gave the invocation and Deputy Administrator for Transportation Development and Public Works Jim Armstrong led in the pledge to the flag. The Deputy Clerk reported that in compliance with the Freedom of Information Act, notice of meetings and agendas were furnished to all news media and persons requesting notification. The Chairman called for a moment of silence in memory of long-time County employee in the Fleet Operations Department, Mark Kostos, who unexpectedly passed away over the weekend. At the conclusion of the moment of silence, Mr. Pryor moved approval of the requested resolutions, seconded by Mr. Rawl, and carried. The two resolutions are as follows:

    A RESOLUTION OF CHARLESTON COUNTY COUNCIL

    WHEREAS, the Community Development Block Grant (CDBG) Program has operated since 1975 to provide local governments with the resources required to meet the needs of persons of low and moderate income, and CDBG funds are used by thousands of neighborhood-based non-profit organizations throughout the nation to address pressing neighborhood and human service needs; and WHEREAS, the Community Development Block Grant Program has had a significant impact on our local economies through job creation, physical redevelopment and improved local tax bases; and;

  • -2- March 22, 2016

    WHEREAS, Charleston County and other local governments have clearly demonstrated the capacity to administer and customize the CDBG Program to identify and resolve pressing local problems, such as affordable housing, neighborhood and public service needs, job creation and retention and physical redevelopment. NOW, THEREFORE, BE IT RESOLVED, that Charleston County Council, does hereby proclaim the week of March 28, 2016 - April 2, 2016 as Community Development Week in Charleston County, and urges all citizens to join in recognizing the Community Development Program of Charleston County and its importance to our community.

    CHARLESTON COUNTY COUNCIL J. Elliott Summey, Chairman

    March 22, 2016

    A RESOLUTION

    OF CHARLESTON COUNTY COUNCIL In Support of Governor Haley’s $40 Million Budget Request for Beach Restoration WHEREAS, Governor Nikki Haley’s proposed budget includes $40 million for beach nourishment in recognition of the importance of South Carolina beaches to the state tourism economy; and, WHEREAS, Hurricane Joaquin demonstrated the value of well-nourished wide beaches with dune systems in preventing more extensive damage to critical infrastructure; and, WHEREAS, in addition to storm protection, successful nourishment projects over the last 40 years have sustained the beachfront in Charleston County by restoring the ecological riches, economic opportunity and quality of life for both residents and visitors; and, WHEREAS, $40 million from a new revenue source for state-funded beach maintenance is a forward-looking investment; and, WHEREAS, according to a 2013 Department of Natural Resources study, the state value added (gross domestic product) from coastal tourism amounts to approximately $3.5 billion, supporting 81,000 jobs; and, WHEREAS, in 2013 the State of South Carolina collected about $51 million from the 2% Accommodations Tax, with the four coastal counties (Horry, Beaufort, Charleston and Georgetown) contributing $45 million or 88% of the total; and,

  • -3- March 22, 2016

    WHEREAS, the Charleston County Council joins South Carolina Beach Advocates in recommending that $300,000 of the $40 million for beach nourishment is allocated to an analysis of the economic benefits of South Carolina beaches. NOW, THEREFORE, BE IT RESOLVED that CHARLESTON COUNTY COUNCIL does hereby support the Governor’s proposed $40 million for beach nourishment and BE IT FURTHER RESOLVED copies of this Resolution will be sent to the members of the South Carolina Legislature and forwarded to Governor Nikki Haley.

    CHARLESTON COUNTY COUNCIL J. Elliott Summey, Chairman

    March 22, 2016 An ordinance amending the Comprehensive Plan in conjunction with the requests made by The Settlement at John’s Island Planned Development was given third reading. The Chairman called for a roll call vote on third reading of the ordinance. The roll was called and votes were recorded as follows:

    Condon - nay Darby - aye Johnson - aye Pryor - aye Qualey - nay Rawl - aye Sass - aye Schweers - nay Summey - aye The vote being six (6) ayes and three (3) nays, the Chairman declared the ordinance to have received third reading approval. The ordinance is as follows:

    AN ORDINANCE AMENDING THE CHARLESTON COUNTY COMPREHENSIVE PLAN AT THE

    FOLLOWING DOCUMENT LOCATIONS: MAP 3.1.4, FUTURE LAND USE AND MAP 3.1.8, MAYBANK HIGHWAY CORRIDOR OVERLAY ZONING DISTRICT, TO SHOW A

    FUTURE LAND USE DESIGNATION OF PLANNED DEVELOPMENT (PD-153, THE SETTLEMENT AT JOHNS ISLAND) FOR FOLLOWING PARCEL IDENTIFICATION

    NUMBER 313-00-00-079, 3005 MAYBANK HIGHWAY. Charleston County Council, in a meeting duly assembled, hereby makes the following findings of fact: WHEREAS, the Charleston County Comprehensive Plan 10-Year Update adopted on November 18, 2008 by Ordinance No. 1567 and amended on December 22, 2009 by Ordinance No. 1622; October 11, 2011 by Ordinance No. 1694; February 23, 2012 by

  • -4- March 22, 2016

    Ordinance No. 1720; May 8, 2012 by Ordinance No. 1722; January 6, 2015 by Ordinance No. 1835; and November 19, 2015 by Ordinance No. 1879 includes a Future Land Use Designation of “Residential” for Parcel Identification Number 313-00-00-079; and, WHEREAS, the property owner of Parcel Identification Number 313-00-00-079 has made an application to amend the Comprehensive Plan in order to indicate a Future Land Use designation of “Planned Development (PD-153, The Settlement at Johns Island)” for Parcel Identification Number 313-00-00-079; and, WHEREAS, the application has been reviewed by County staff and has been found to be complete and in proper form; and, WHEREAS, the County Planning Commission has reviewed the application and adopted a resolution, by majority vote of the entire membership, recommending that Charleston County Council (the “County Council”) approve the application with conditions based on the procedures established in State law and the Approval Criteria of Article 3.2 of the ZLDR; and, WHEREAS, upon receipt of the recommendation of the Planning Commission, County Council held at least one public hearing and after close of the public hearing, County Council approved with conditions the proposed amendments to the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED, by County Council of Charleston County, South Carolina, in meetings duly assembled, as follows: SECTION I. FINDINGS INCORPORATED The above recitals and findings are incorporated herein by reference and made a part of this Ordinance. SECTION II. MAP AMENDMENTS TO THE COMPREHENSIVE PLAN The Charleston County Comprehensive Plan is hereby amended and made part of this Ordinance by reference, at the following document location: Map 3.1.4, Future Land Use, and Map 3.1.8, Maybank Highway Corridor Overlay Zoning District, to indicate a Future Land Use designation of “Planned Development (PD-153, The Settlement at Johns Island)” for Parcel Identification Number 313-00-00-079. SECTION III. SEVERABILITY If, for any reason, any part of this Ordinance is invalidated by a court of competent jurisdiction, the remaining portions of this Ordinance shall remain in full force and effect. SECTION IV. EFFECTIVE DATE

  • -5- March 22, 2016

    This Ordinance shall become effective immediately upon its approval following third reading by the County Council. ADOPTED and APPROVED in meeting duly assembled this 23rd day of February, 2016.

    CHARLESTON COUNTY, SOUTH CAROLINA By: __________________________________

    J. Elliott Summey Chairman of Charleston County Council

    ATTEST: By: ____________________________ Beverly T. Craven Clerk to Charleston County Council First Reading: January 26, 2016 Second Reading: February 9, 2016 Third Reading March 22, 2016 An ordinance approving a ZLDR text amendment in conjunction with the requests made by The Settlement at John’s Island Planned Development was given third reading. The Chairman called for a roll call vote on third reading of the ordinance. The roll was called and votes were recorded as follows:

    Condon - nay Darby - aye Johnson - aye Pryor - aye Qualey - nay Rawl - aye Sass - aye Schweers - nay Summey - aye The vote being six (6) ayes and three (3) nays, the Chairman declared the ordinance to have received third reading approval. The ordinance is as follows:

    AN ORDINANCE AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT

    REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 5, OVERLAY AND SPECIAL PURPOSE ZONING DISTRICTS.

    WHEREAS, the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, Section 6-29-310 et seq., of the South Carolina Code of Laws, 1976, as amended, authorizes the County of Charleston to enact or amend its zoning

  • -6- March 22, 2016

    and land development regulations to guide development in accordance with existing and future needs and in order to protect, promote and improve the public health, safety, and general welfare; and WHEREAS, the Charleston County Planning Commission has reviewed the proposed amendments of the text of various chapters of the Charleston County Zoning and Land Development Regulations Ordinance (ZLDR) in accordance with the procedures established in South Carolina law and the ZLDR and has recommended that the Charleston County Council (County Council) adopt the proposed amendments of the text of the ZLDR as set forth herein; and WHEREAS, upon receipt of the recommendation of the Planning Commission, County Council held at least one public hearing, and after close of the public hearing, County Council approved the proposed text amendments based on the Approval Criteria of Section 3.3.6 of Article 3.3 of the ZLDR; and WHEREAS, County Council has determined the proposed text amendments meet the following criteria: A. The proposed amendment corrects an error or inconsistency or meets the challenge of a changing condition; and B. The proposed amendment is consistent with the adopted Charleston County Comprehensive Plan and goals as stated in Article 1.5; and C. The proposed amendment is to further the public welfare in any other regard specified by County Council. NOW, THEREFORE, be ordained it by the Charleston County Council of Charleston, in meeting duly assembled, as follows: SECTION I. FINDINGS INCORPORATED The above recitals and findings are incorporated herein by reference and made a part of this Ordinance. SECTION II. AMENDMENTS OF THE TEXT OF THE ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE The Charleston County Zoning and Land Development Regulations Ordinance is hereby amended to include the text amendments attached hereto as Exhibit “A” and made part of this Ordinance by reference. SECTION III. SEVERABILITY If, for any reason, any part of this Ordinance is invalidated by a court of competent jurisdiction, the remaining portions of this Ordinance shall remain in full force and effect.

  • -7- March 22, 2016

    SECTION IV. EFFECTIVE DATE This Ordinance shall become effective immediately following third reading by County Council. ADOPTED and APPROVED in meeting duly assembled this 22nd day of March, 2016.

    CHARLESTON COUNTY COUNCIL By: ____________________________________

    J. Elliott Summey Chairman of Charleston County Council

    ATTEST: By: ____________________________ Beverly T. Craven Clerk to Charleston County Council First Reading: January 26, 2016 Second Reading: February 9, 2016 Third Reading March 22, 2016 EXHIBIT A

  • -8- March 22, 2016

    An ordinance approving the rezoning request in conjunction with the requests made by The Settlement at John’s Island Planned Development was given third reading. The Chairman called for a roll call vote on third reading of the ordinance. The roll was called and votes were recorded as follows:

    Condon - nay Darby - aye Johnson - aye Pryor - aye Qualey - nay Rawl - aye Sass - aye Schweers - nay Summey - aye The vote being six (6) ayes and three (3) nays, the Chairman declared the ordinance to have received third reading approval. The ordinance is as follows:

    AN ORDINANCE REZONING THE REAL PROPERTY LOCATED AT 3005 MAYBANK HIGHWAY, PARCEL IDENTIFICATION NUMBER 313-00-00-079, FROM SINGLE FAMILY

    RESIDENTIAL 4 (R-4) ZONING DISTRICT TO PLANNED DEVELOPMENT ZONING DISTRICT (PD-153).

    WHEREAS, the property located at 3005 Maybank Highway, identified as Tax Map Parcel Number 313-00-00-079, is currently zoned Single Family Residential 4 (R-4); and WHEREAS, the applicant requests the parcel be rezoned to The Settlement at Johns Island Planned Development Zoning District (PD-153) to allow for limited commercial uses; and WHEREAS, the applicant submitted a complete application for PD Development Plan approval pursuant to Article 4.23 of the Charleston County Zoning and Land Development Regulations (ZLDR); and WHEREAS, the Charleston County Planning Commission reviewed the proposed PD Development Plan and adopted a resolution, by majority vote of the entire membership, recommending that County Council approve with conditions the proposed development plan based on the Approval Criteria of Section 4.23.9.E.9 of the ZLDR; and WHEREAS, upon receipt of the recommendation of the Planning Commission, Charleston County Council (County Council) held at least one public hearing, and after close of the public hearing, County Council approved with conditions the proposed PD Development Plan based on the Approval Criteria of Section 4.23.9.E.9 of Article 4.23 of the ZLDR;

  • -9- March 22, 2016

    WHEREAS, County Council has determined the PD Development Plan meets the following criteria: A. The PD Development Plan complies with the standards contained in Article 4.23 of the ZLDR; B. The development is consistent with the intent of the Charleston County Comprehensive Plan and other adopted policy documents; C. The County and other agencies will be able to provide necessary public services, facilities, and programs to serve the development proposed, at the time the property is developed. NOW, THEREFORE, be ordained it by Charleston County Council, in meeting duly assembled, finds as follows: SECTION I. FINDINGS INCORPORATED The above recitals and findings are incorporated herein by reference and made a part of this Ordinance. SECTION II. REZONING OF PROPERTY A. Charleston County Council rezones the property located at 3005 Maybank Highway, identified as Tax Map Parcel Number 313-00-00-079, from Single Family Residential 4 (R-4) to The Settlement at Johns Island Planned Development Zoning District (PD-153); and B. The PD Development Plan submitted by the applicant and identified as the “The Settlement at Johns Island Planned Development District Guidelines, Charleston County, South Carolina,” November 13, 2015, including the changes thereto as Exhibit “A” and made part of this Ordinance by reference, approved by County Council as Planned Development 153 or PD-153, is incorporated herein by reference, and shall constitute the PD Development Plan for the parcel identified above; and C. Any and all development of PD-153 must comply with the PD Development Plan, ZLDR, and all other applicable ordinances, rules, regulations, and laws; and D. The zoning map for Tax Map Parcel Number 313-00-00-079 is amended to PD-153 in accordance with Section 4.23.10 of Article 4.23 of the ZLDR. SECTION III. SEVERABILITY If, for any reason, any part of this Ordinance is invalidated by a court of competent jurisdiction, the remaining portions of this Ordinance shall remain in full force and effect. SECTION IV. EFFECTIVE DATE

  • -10- March 22, 2016

    This Ordinance shall become effective immediately upon approval of County Council following third reading. ADOPTED and APPROVED in meeting duly assembled this 22nd day of March, 2016.

    CHARLESTON COUNTY COUNCIL By: ____________________________

    J. Elliott Summey Chairman of Charleston County Council

    ATTEST: By: ____________________________ Beverly T. Craven Clerk of Charleston County Council First Reading: January 26, 2016 Second Reading: February 9, 2016 Third Reading March 22, 2016 EXHIBIT “A” RECOMMENDED CHANGES AND CONDITIONS TO PD-153 APPROVED BY CHARLESTON COUNTY COUNCIL 1. Section 5, first paragraph, third sentence: Regarding hours of operation, replace “shall” with “may” to allow flexibility for uses. 2. Section 5, Retail: a. Clarify to state “Retail Sales and Retail Services in the Development shall include uses as permitted under the CN Zoning District, provided, however, that Bar of Lounge uses; Liquor, Beer or Wine Sales; and alcohol sales, including but not limited to ABC package stores and the sale of alcohol at restaurants as defined in the ZLDR, shall be allowed on all properties and do not require special Exception approval” (and remove the duplication of this last phrase regarding alcohol sales from page 9). b. Restate “service station” as “service station, gasoline (with or without convenience stores)” in the list of prohibited uses. c. Add the following to the list of prohibited uses: Accommodations uses and Landscaping and Horticultural Services. 3. Section 5, Drive Thru Windows: In item 4, change “Highway 17 North” to “Maybank Highway”. 4. Section 5, Bar or Lounge Uses: Delete this section (should be incorporated into a different section as noted in the bullets above). 5. Section 5, Professional Space: Clarify to state “shall include uses as permitted under…for CN Zoning District”. 6. Section 5, Professional Space: Delete the last sentence regarding hours of operation.

  • -11- March 22, 2016

    7. Section 5, Accessory Uses: Clarify to state: “An oyster shed shall be allowed as an accessory use/structure to the restaurant/bar and shall be located on the same property as the restaurant/bar and shall comply with the principal structure setbacks contained in this PD. No other accessory structures shall be allowed. Outdoor storage is prohibited.” 8. Land Use and Dimensional Standards Table: Under “Max. Accessory Building Size,” change “ALDR” to “ZLDR”. 9. Section 12, Access: a. Add the following after the third sentence of the first paragraph: “One of the accesses to the site from Maybank Highway shall be aligned with Sailfish Drive (located directly across Maybank Highway), provided the alignment does not result in the removal of or damage to any Grand Trees. In addition, the developer will coordinate with the County and City of Charleston on an east-west road connection through the property.” In addition, the site plans must be revised accordingly. b. Delete the last two sentences of this section and replace with the following statement, “All development will comply with ZLDR Section 5.4.10, Pedestrian Access.” 10. Section 17, Landscape Requirements: Replace the existing text with the following language: “Landscaping and buffer requirements will comply with ZLDR Article 5.4 and Chapter 9.” 11. Sketch Plans: a. Revise to align the access with Sailfish Drive per the applicable condition stated above. An ordinance rezoning portions of 923 and 931 Main Road was given third reading. The Chairman called for a roll call vote on third reading of the ordinance. The roll was called and votes were recorded as follows:

    Condon - aye

    Darby - aye Johnson - aye Pryor - aye Qualey - aye Rawl - aye Sass - aye Schweers - aye Summey - aye The vote being nine (9) ayes, the Chairman declared the ordinance to have received third reading approval. The ordinance is as follows:

    AN ORDINANCE REZONING PORTIONS OF THE REAL PROPERTIES LOCATED AT 923 AND 931 MAIN ROAD, PARCEL IDENTIFICATION NUMBERS 282-00-00-171 (0.11 ACRES) AND 282-00-00-172 (1.52 ACRES) RESPECTIVELY, FROM RURAL RESIDENTIAL (RR-3) ZONING

  • -12- March 22, 2016

    DISTRICT TO THE COMMUNITY COMMERCIAL (CC) ZONING DISTRICT WHEREAS, the properties identified as parcel identification numbers 282-00-00-171 and 282-00-00-172 are currently zoned Rural Residential (RR-3) District; and WHEREAS, the current owner or agent thereof requests a rezoning of portions of the properties, and a complete application for rezoning portions of the properties was submitted to the Charleston County Zoning and Planning Department requesting, among other things, that portions of the parcels be rezoned to the Community Commercial (CC) District, pursuant to Article 3.4 of the Charleston County Zoning and Land Development Regulations (ZLDR); and WHEREAS, the Charleston County Planning Commission reviewed the application for rezoning and adopted a resolution, by majority vote of the entire membership, recommending that Charleston County Council (County Council) approve the application for rezoning based on the procedures established in South Carolina law and the Approval Criteria of Article 3.4 of the ZLDR; and WHEREAS, upon receipt of the recommendation of the Planning Commission, the County Council held at least one public hearing and after close of the public hearing, County Council has determined the rezoning meets the following criteria of Section 3.4.6 of Article 3.4 of the ZLDR:

    A. The proposed amendment is consistent with the Comprehensive Plan and the stated purposes of this Ordinance;

    B. The proposed amendment will allow development that is compatible with

    existing uses, recommended density, established dimensional standards, and zoning of nearby properties that will benefit the public good while avoiding an arbitrary change that primarily benefits a singular or solitary interest;

    C. The proposed amendment corrects a zoning map error or inconsistency;

    D. The proposed amendment addresses events, trends, or facts that have

    significantly changed the character or condition of an area. NOW, THEREFORE, be ordained it by the Charleston County Council, in meeting duly assembled, finds as follows: SECTION I. FINDINGS INCORPORATED The above recitals and findings are incorporated herein by reference and made a part of this Ordinance. SECTION II. REZONING OF PROPERTY The following portions of properties identified as parcel identification numbers 282-00-00-171 (0.11 acres) and 282-00-00-172 (1.52 acres) are hereby rezoned from the Rural Residential (RR-3) Zoning District to the Community Commercial (CC) Zoning

  • -13- March 22, 2016

    District. The zoning map of Charleston County is hereby amended to conform to this change. Any development on the sites must conform to all requirements of the Charleston County Zoning and Land Development Regulations and other applicable laws, rules and regulations. SECTION III. SEVERABILITY If, for any reason, any part of this Ordinance is invalidated by a court of competent jurisdiction, the remaining portions of this Ordinance shall remain in full force and effect. SECTION IV. EFFECTIVE DATE This Ordinance shall become effective immediately following third reading by County Council. ADOPTED and APPROVED in meeting duly assembled this 22nd day of March, 2016.

    CHARLESTON COUNTY COUNCIL By: ____________________________

    J. Elliott Summey Chairman of Charleston County Council

    ATTEST: By: ____________________________ Beverly T. Craven Clerk of Charleston County Council First Reading: February 23, 2016 Second Reading: March 8, 2016 Third Reading: March 22, 2016 An ordinance rezoning a portion of the property located at 907 Main Road was given third reading. The Chairman called for a roll call vote on third reading of the ordinance. The roll was called and votes were recorded as follows:

    Condon - aye

    Darby - aye Johnson - aye Pryor - aye Qualey - aye Rawl - aye Sass - aye Schweers - aye Summey - aye The vote being nine (9) ayes, the Chairman declared the ordinance to have received third reading approval.

  • -14- March 22, 2016

    The ordinance is as follows:

    AN ORDINANCE REZONING A 4.57-ACRE PORTION OF THE REAL PROPERTY LOCATED AT 907 MAIN ROAD, PARCEL IDENTIFICATION NUMBER 282-00-00-173, FROM COMMUNITY COMMERCIAL (CC) ZONING DISTRICT TO THE RURAL RESIDENTIAL (RR-3) ZONING DISTRICT. WHEREAS, the property identified as parcel identification number 282-00-00-173 is currently zoned Community Commercial (CC) District; and WHEREAS, the current owner or agent thereof requests a rezoning a portion of the property, and a complete application for rezoning a portion of the property was submitted to the Charleston County Zoning and Planning Department requesting, among other things, that a 4.57-acre portion of the parcel be rezoned to the Rural Residential (RR-3) District, pursuant to Article 3.4 of the Charleston County Zoning and Land Development Regulations (ZLDR); and WHEREAS, the Charleston County Planning Commission reviewed the application for rezoning and adopted a resolution, by majority vote of the entire membership, recommending that Charleston County Council (County Council) approve the application for rezoning based on the procedures established in South Carolina law and the Approval Criteria of Article 3.4 of the ZLDR; and WHEREAS, upon receipt of the recommendation of the Planning Commission, the County Council held at least one public hearing and after close of the public hearing, County Council has determined the rezoning meets the following criteria of Section 3.4.6 of Article 3.4 of the ZLDR:

    A. The proposed amendment is consistent with the Comprehensive Plan

    and the stated purposes of this Ordinance;

    B. The proposed amendment will allow development that is compatible with existing uses, recommended density, established dimensional standards, and zoning of nearby properties that will benefit the public good while avoiding an arbitrary change that primarily benefits a singular or solitary interest;

    C. The proposed amendment corrects a zoning map error or inconsistency;

    D. The proposed amendment addresses events, trends, or facts that have

    significantly changed the character or condition of an area. NOW, THEREFORE, be ordained it by the Charleston County Council, in meeting duly assembled, finds as follows: SECTION I. FINDINGS INCORPORATED

  • -15- March 22, 2016

    The above recitals and findings are incorporated herein by reference and made a part of this Ordinance. SECTION II. REZONING OF PROPERTY The 4.57-acre portion of the property identified as parcel identification number 282-00-00-173 is hereby rezoned from the Community Commercial (CC) Zoning District to the Rural Residential (RR-3) Zoning District. The zoning map of Charleston County is hereby amended to conform to this change. Any development on the site must conform to all requirements of the Charleston County Zoning and Land Development Regulations and other applicable laws, rules and regulations. SECTION III. SEVERABILITY If, for any reason, any part of this Ordinance is invalidated by a court of competent jurisdiction, the remaining portions of this Ordinance shall remain in full force and effect. SECTION IV. EFFECTIVE DATE This Ordinance shall become effective immediately following third reading by County Council. ADOPTED and APPROVED in meeting duly assembled this 22nd day of March, 2016.

    CHARLESTON COUNTY COUNCIL

    By: ____________________________ J. Elliott Summey

    Chairman of Charleston County Council ATTEST: By: ____________________________ Beverly T. Craven Clerk of Charleston County Council First Reading: February 23, 2016 Second Reading: March 8, 2016 Third Reading: March 22, 2016 An ordinance approving General Obligation Bonds for St. John’s Fire District was given third. The Chairman called for a roll call vote on third reading of the ordinance. The roll was called and votes were recorded as follows:

    Condon - aye

    Darby - aye Johnson - aye Pryor - aye Qualey - aye Rawl - aye Sass - aye Schweers - aye Summey - aye

  • -16- March 22, 2016

    The vote being nine (9) ayes, the Chairman declared the ordinance to have received third reading approval. The ordinance is as follows: AN ORDINANCE FINDING THAT THE ST. JOHN’S FIRE DISTRICT, SOUTH CAROLINA, MAY ISSUE NOT EXCEEDING $9,900,000 OF GENERAL OBLIGATION BONDS AND TO PROVIDE FOR THE PUBLICATION OF NOTICE OF THE SAID FINDING AND AUTHORIZATION. BE IT ORDAINED BY THE COUNTY COUNCIL OF CHARLESTON COUNTY, SOUTH CAROLINA, AS FOLLOWS: ARTICLE I – FINDINGS Section 1.01 Findings of Fact. The County Council of Charleston County (the “County Council”), the governing body of Charleston County, South Carolina (the “County”), hereby finds and determines:

    (a) Article X, Section 14 of the Constitution of the State of South Carolina, 1895, as amended (the “Constitution”), provides that special purpose districts may incur general obligation bonded indebtedness upon such terms and conditions as the General Assembly may prescribe by general law subject to the following limitations: (i) such debt must be incurred only for a purpose which is a public purpose and a corporate purpose for a county, and (ii) unless excepted therefrom, such debt may be issued in an amount not exceeding eight percent (8%) of the assessed value of all taxable property of such special purpose district (the “Bonded Debt Limit”).

    (b) Pursuant to Title 6, Chapter 11 of the South Carolina Code (the same being

    and hereinafter referred to as the “Enabling Act”), the governing body of any county in the State of South Carolina (the “State”) may authorize the issuance of general obligation bonds by special purpose districts located within its bounds to defray the cost of any authorized purpose and for any amount not exceeding such special purpose district’s applicable Bonded Debt Limit.

    (c) St. John’s Fire District, was created as a special purpose district established

    in the County as a body politic and corporate pursuant to the provisions of Act No. 369 of the Acts and Joint Resolutions of the General Assembly of the State of South Carolina for the year 1959, as amended.

    (d) Pursuant to Section 6-11-830 of the Enabling Act, the County Council, upon

    petition of the governing body of any special purpose district, may determine that it is in the interest of such special purpose district to raise moneys for the furtherance of any power or function of the special purpose district and order a public hearing to be held upon the question of the issuance of general obligation bonds of the District.

  • -17- March 22, 2016

    (e) The County is in receipt of a petition of the St. John’s Fire District

    Commission (the “Commission”), the governing body of District, requesting authorization to issue general obligation bonds in order to defray (A) the costs of (i) acquiring and equipping fire apparatus, to include, without limitation, two engines and a tender, (ii) designing, constructing, renovating, equipping and decommissioning certain maintenance and fire station facilities, and (iii) purchasing or rehabilitating capital assets used or useful in furtherance of the operation of the District ((i) thorough (iii), the “Project”), and (B) the costs of issuance of such general obligation bonds. The Commission estimates that the costs of designing, planning, acquiring, engineering, constructing, improving and equipping of the Project, together with the costs of issuance of the bonds described herein, will not exceed $9,900,000.

    (f) By action previously taken, the County Council ordered that a public hearing

    on the question of the issuance of not exceeding $9,900,000 of general obligation bonds (the “Bonds”) of the St. John’s Fire District, South Carolina, be held in the Charleston County Council Chambers in the Lonnie Hamilton III Public Service Building, located at 4045 Bridge View Drive, 2nd Floor, North Charleston, South Carolina 29045, on the 22nd day of March, 2016, at 6:30 p.m., and notice of such hearing was duly published once a week for three successive weeks in The Post and Courier, a newspaper of general circulation in the County;

    (g) The said public hearing has been duly held at the above time, date and place

    and said public hearing was conducted publicly and both proponents and opponents of the proposed action were given full opportunity to be heard and it is now in order for the County Council to proceed, after due deliberation, in accordance with the provisions of the Enabling Act to make a finding as to whether or not the Bonds should be issued; and

    (h) The County Council finds that it is in the interest of the District to authorize

    and provide for the issuance and sale of the Bonds of the District pursuant to the aforesaid provisions of the Constitution and laws of the State for the purposes of providing funds for the Project and providing for the costs of issuance of the Bonds.

    ARTICLE II – AUTHORIZATION Section 2.01 Public Hearing and Finding. In response to the petition of the District, and on the basis of the facts adduced at the public hearing held on March 22, 2016, and information otherwise available to County Council, it is found and determined that the Commission is authorized to cause the issuance of the Bonds. Section 2.02 Extent of Authorization.

  • -18- March 22, 2016

    The County Council authorizes the issuance of the Bonds by the District to the extent described in the Petition in an amount of not exceeding $9,900,000 in principal amount as a single issue or from time to time as several separate issues, as the Commission shall determine, in order to defray (A) the costs of the Project, and (B) the costs of issuance of such general obligation bonds. Section 2.03 Notice of Adoption. Notice of the adoption of this Ordinance, in substantially similar form to that attached hereto as Exhibit A, shall be published in The Post and Courier for three successive weeks from the date hereof, as provided in the Enabling Act. Section 2.04 Ordinance to be Provided to District. A certified copy of this Ordinance shall forthwith be transmitted to the Commission to advise it of the action taken by the County Council, whereby the Commission has been authorized to issue, pursuant to the provisions of the Enabling Act, the Bonds in the aggregate principal amount of not exceeding $9,900,000. Section 2.05 Further Action. The Chairman and other County officers are herewith authorized and empowered to take such further action as may be necessary to fully implement the action contemplated by this Ordinance. DONE AT NORTH CHARLESTON, SOUTH CAROLINA, this 22nd day of March, 2016.

    CHARLESTON COUNTY COUNCIL

    (SEAL) ________________________________

    J. Elliott Summey, Chairman Attest: _______________________________ Beverly Craven, Clerk County Council of Charleston County First Reading: February 23, 2016 Second Reading: March 22, 2016 Public Hearing: March 22, 2016 Third Reading: April 12, 2016

    NOTICE PURSUANT TO SECTIONS 6-11-870 AND 11-27-40(8) OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED

    Notice is hereby given pursuant to the provisions of Sections 6-11-870 and 11-27-40(8) of the Code of Laws of South Carolina, 1976, as amended, as follows:

  • -19- March 22, 2016

    Following a public hearing held on March 22, 2016, the County Council of Charleston County (the “County Council”), the governing body of Charleston County, South Carolina (the “County”) adopted that certain ordinance, entitled “AN ORDINANCE FINDING THAT THE ST. JOHN’S FIRE DISTRICT, SOUTH CAROLINA, MAY ISSUE NOT EXCEEDING $9,900,000 OF GENERAL OBLIGATION BONDS AND TO PROVIDE FOR THE PUBLICATION OF NOTICE OF THE SAID FINDING AND AUTHORIZATION” on April 12, 2016 (the “Ordinance”); The St. John’s Fire District, South Carolina (the “District”), created as a special purpose district and established in the County as a body politic and corporate pursuant to the provisions of Act No. 369 of the Acts and Joint Resolutions of the General Assembly of the State of South Carolina for the year 1959, as amended, has been authorized by the provisions of the Ordinance to issue not exceeding $9,900,000 of general obligation bonds of the District (the “Bonds”) as a single issue or from time to time as several separate issues, for the purposes of defraying (A) the costs of (i) acquiring and equipping fire apparatus, to include, without limitation, two engines and a tender, (ii) designing, constructing, renovating, equipping and decommissioning certain maintenance and fire station facilities, and (iii) purchasing or rehabilitating capital assets used or useful in furtherance of the operation of the District ((i) thorough (iii), the “Project”), and (B) the costs of issuance of such general obligation bonds.; For the payment of the principal of and interest on the Bonds as they respectively mature, and for the creation of such sinking fund as may be necessary therefor, the full faith, credit and taxing power of the District will be irrevocably pledged, and there will be levied annually a tax without limit on all taxable property within the area of the District sufficient to pay the principal of and interest on the Bonds as they respectively mature, and to create such sinking fund therefor; No election has been ordered in the District upon the question of the issuance of the Bonds; and Any persons affected by the action aforesaid of the County Council may by action de novo instituted in the Court of Common Pleas for the County within twenty (20) days following the last publication of this Notice, but not afterwards, challenge the action of the County Council. County Council of Charleston County An ordinance approving financial incentives for Project Bull was given second reading by title only. The Chairman called for a roll call vote on second reading of the ordinance. The roll was called and votes were recorded as follows:

    Condon - aye

    Darby - aye Johnson - aye Pryor - aye

  • -20- March 22, 2016

    Qualey - aye Rawl - aye Sass - aye Schweers - aye Summey - aye The vote being nine (9) ayes, the Chairman declared the ordinance to have received second reading approval. The ordinance title is as follows:

    AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF A FEE IN LIEU OF TAX AGREEMENT BETWEEN CHARLESTON COUNTY, SOUTH

    CAROLINA AND PROJECT BULL; AND OTHER MATTERS RELATING THERETO INCLUDING, WITHOUT LIMITATION, PAYMENT OF A FEE IN LIEU OF TAXES

    The ordinance in its entirety will appear in the Minutes of Charleston County Council at the time of third reading. An ordinance approving financial incentives for Project Santa Cruz was given second reading by title only. The Chairman called for a roll call vote on second reading of the ordinance. The roll was called and votes were recorded as follows:

    Condon - aye

    Darby - aye Johnson - aye Pryor - aye Qualey - aye Rawl - aye Sass - aye Schweers - aye Summey - aye The vote being nine (9) ayes, the Chairman declared the ordinance to have received second reading approval. The ordinance title is as follows:

    AN ORDINANCE AUTHORISING THE EXECUTION AND DELIVERY OF A FEE-IN-LIEU OF TAX

    AGREEMENT BY AND AMONG CHARLESTON COUNTY AND PROJECT SANTA CRUZ, WHEREBY CHARLESTON COUNTY WILL ENTER INTO A FEE-IN-LIEU OF

    TAXES ARRANGEMENT WITH PROJECT SANTA CRUZ; PROVIDING FOR PAYMENT BY PROJECT SANTA CRUZ OF CERTAIN FEES IN LIEU OF AD

    VALOREM TAXES; AND OTHER MATTERS RELATING THERETO.

  • -21- March 22, 2016

    The ordinance in its entirety will appear in the Minutes of Charleston County Council at the time of third reading. A report was furnished by the Administration Policy/Rules Committee under date of March 17, 2016, that it considered the information furnished by County Administrator Keith Bustraan and Budget Director Mack Gile regarding a proposed policy for funding requested community investments. It was stated that this new policy would replace the Outside Agency Policy of August 22, 2006. Staff also discussed that all contributions not covered by this policy or the Accommodations tax policy would be highlighted in the annual budget process. In addition, staff discussed that all contributions would require a contract that describes the intended use of funds, a financial statement, and interim/final reports of actual use of funds. Committee recommended that Council adopt the following policy to replace the Outside Agency Policy of August 22, 2006: Charleston County Policy for Community Investment Funding 1. An organization must be exempt under section 501(c)3 of the Internal Revenue Service Revenue Code 2. An annual application is required that includes a. A mission statement and, b. A statement on use of requested funds and, c. A financial report

    i. Annual audit performed by a Certified Public Accountant (CPA) if revenues are $1,000,000 or more or

    ii. Internal Revenue Service Form 990 if revenues are less than $1,000,000 or iii. Financial statement if revenues are less than the threshold to file an Internal Revenue Service Form 990

    3. An annual due date for the application must be met for consideration in the annual budget 4. Applications will be evaluated based on objective criteria that include a. Stability of the organization i. Length of existence

    ii. Financial condition (unrestricted financial reserves as compared to annual expenses from last completed fiscal year)

    b. Reliance on government funding c. Effectiveness of organization's spending i. Percent of expenses spent directly on programs ii. Measured by the SC Secretary of State 6. A contractual agreement as a pre-requisite to receiving funds 7. An interim report and a final report on the use of funds 8. Requirement that any unspent funds be returned to Charleston County

    Mr. Rawl moved approval of the committee recommendation, seconded by Mr. Pryor, and carried. The Chairman stated that the next item on the agenda was the Consent Agenda.

  • -22- March 22, 2016

    Mr. Pryor moved approval of items A-D on the Consent Agenda, seconded by Mr. Qualey, and carried unanimously. Consent Agenda items A-D are as follows: A report was furnished by the Finance Committee that it considered the information furnished by County Administrator Keith Bustraan and Council Member Colleen Condon regarding the need to make an appointment to the Charleston County Board of Zoning Appeals. It was stated that the BZA member recommended for appointment by Council Member Condon recently resigned and Ms. Condon was recommending Rebecca Epstein for appointment to the BZA. Committee recommended that Council appoint Rebecca Epstein to the Charleston County Board of Zoning Appeals for a term to expire December 31, 2016. A report was furnished by the Finance Committee under date of March 17, 2016, that it considered the information furnished by County Administrator Keith Bustraan and Interim Environmental Management Director Robert Lawing regarding various grant applications to be submitted to SC Department of Health and Environmental Control. It was stated that the Environmental Management Department requests Council’s approval to submit the annual Solid Waste Reduction and Recycling, Used Oil, Waste Tire and Food Recovery Grant applications to SC Department of Health and Environmental Control for FY 2017 or July 1, 2016- June 30, 2017. It was shown that: Used Oil Grant The Used Oil Grant application request totals $12,110.20. This grant provides funding to establish, expand or continue operation of used motor oil collection programs for do-it-yourself oil changers. This is to include programs related to the collection of used motor oil, oil filters, oil bottles and oil gas mixtures. Waste Tire Grant The Waste Tire Grant application request totals $12,830. This grant provides funds for the removal of waste tires for processing and/or recycling, public education that promotes the recycling of waste tires, professional development related to waste tire recycling and other direct costs. Grant funds will be used to offset the difference between actual tire disposal expenses and anticipated revenue received from Tire Taxes (State Shared) and Landfill tipping fees; and will fund allowable public education and professional development expenses for program staff. Food Recovery Grant The Food Recovery Grant application request totals $7,500. The purpose of the Food Recovery Grant is to assist local governments and regions for the implementation or expansion of food recovery programs in an effort to achieve the State’s recommended municipal solid waste (MSW) recycling goal of 40 percent, and achieve the recommended MSW disposal goal of 3.25 lbs. or less per person per day. The Environmental Management Department seeks funding to conduct a comprehensive media campaign to include print and social media aimed at increasing awareness and

  • -23- March 22, 2016

    participation in the County’s Commercial Food Waste Composting Program. The campaign will simultaneously recognize local food waste generators who are participating in the program while encouraging other food waste generators to join the program. Committee recommended that Council approve the Environmental Management’s request to apply for and accept, if awarded, the FY 2017 SCDHEC applications for Used Oil, Waste Tire and Food Recovery grants with the understanding that the total SCDHEC FY 2017 submission is $32,440.20, that there are no FTEs or matching funds required, and that the Environmental Management Department will subsidize the Food Recovery Grant with an additional $3,250 with funds available in the Environmental Management Department budget. A report was furnished by the Finance Committee under date of March 17, 2016, that it considered the information furnished by County Administrator Keith Bustraan and Public Works Director Jim Neal regarding the need to relinquish the County’s interest in five private roads. It was stated that on December 6, 2011, Charleston County Council created the County Non-Standard Road (CNSR) Program and now considers all former community roads public roads. Council has directed the Public Works Department to confirm and document the status of each road; and, if confirmed public, record the plat and bring the road into the County maintenance system. If in the confirmation process it is determined the road should not be a public road, the Department is to bring the road before Council for removal from the County maintenance system and relinquishment of any and all claims of interest by the County in the right-of-way. To date, 68 roads have been confirmed, documented, and recorded. Ten (10) roads have been removed from the County maintenance system by County Council. It was shown that the Public Works Department confirmed that the below listed five (5) roads should be removed from the County maintenance system. Further, the roads should be removed from the public road list and all County claims of interest in these roads relinquished. All property owners along the affected routes have been informed of the consequences and agreed to the removal.

    Canyon Lane

    Donnelly Lane

    Shaw Hills Road

    Estale Drive

    Parkers Island Road Committee recommended that Council remove the roads listed from the County’s maintenance system and relinquish any and all claims of interest by the County in them.

    Canyon Lane

    Donnelly Lane

    Shaw Hills Road

    Estale Drive

    Parkers Island Road

  • -24- March 22, 2016

    A report was furnished by the Finance Committee under date of March 17, 2016, that it considered the information furnished by County Administrator Keith Bustraan and Contracts and Procurement Director Barrett Tolbert regarding the need to award a contract for the 2016 CTC Resurfacing Project Plan A. It was stated that the Charleston County Transportation Committee (CTC) 2016 Resurfacing Project shall include traffic control, milling, surface preparation, asphalt resurfacing, striping and associated appurtenances of various local paved roadways within the boundaries of Charleston County. The approximate total project length is 22 miles. This contract is the first of two planned contracts utilizing the $9 million non-recurring funds that the CTC received for FY16 through the State General Fund. Charleston County is the first to utilize any of the non-recurring funds provided by the State General Fund. As required, all routes are state secondary roads and they were selected through the use of the Charleston County Pavement Management System. The two contracts were grouped by area with half the County covered in Plan A and the other half will be covered in Plan B. The work for contract Plan A is expected to begin this summer. Plan B is on schedule to be advertised in March. Bids were received in accordance with the terms and conditions of Invitation for Bid No. 5043-16C. State “C” Fund regulations do not allow Small Business Enterprise (SBE) or local preference goals. Bidder

    Total Bid Price

    DBE Percentage

    Sanders Brothers Construction North Charleston, South Carolina 29419 Principal: Chris M. Davis

    $5,737,630.50 8.48%

    Banks Construction Company North Charleston, South Carolina 29418 Principal: Jafar Moghadam

    $5,787,393.38 10.01%

    Committee recommended that Council, as agent for the Charleston County Transportation Committee (CTC), authorize award of a contract for the CTC 2016 Resurfacing Project, to Sanders Brothers Construction, the lowest responsive and responsible bidder, satisfying all specifications, in the amount of $5,737,630.50 with the understanding that funding is available through the State “C” Fund for road improvements. Mr. Schweers moved approval of Consent Agenda item E, seconded by Mr. Sass, and carried. Mr. Rawl and Ms. Johnson voted against item E. Item E is as follows: A report was furnished by the Finance Committee under date of March 17, 2016, that it considered the information furnished by County Administrator Keith Bustraan and Transportation Development Director Steve Thigpen regarding a request received from the mayors of Mount Pleasant, Isle of Palms, and Sullivan’s Island and the request of Council Member Joe Qualey regarding Folly Beach, that Charleston County assist with

  • -25- March 22, 2016

    the implementation of traffic cameras along various beach routes in Charleston County. It was stated that the intent of the project is to provide the public with live video of traffic conditions to improve public safety by better informing citizens of real time traffic conditions. The three municipalities have had preliminary discussions with SCDOT and others on the implementation process and requirements. If approved, County staff would meet with all of the agencies involved to further define the scope of work. The intent would be for County staff to assist by hiring a technical consultant to determine installation and performance specifications of the cameras, assist in procuring installation services and develop a memorandum of understanding for long term maintenance and operation by one of the other agencies. SCDOT would likely be the long term operator because the cameras would be installed within their right of way and they are already operating the existing 511 traffic camera system. Due to design efficiencies identified by staff during construction and the utilization of matching local and federal funding, the Ben Sawyer Multiuse Path project, a FY 2009 allocation project, was completed under budget. If approved by Council, staff proposes to transfer a portion of the remaining funds from the Ben Sawyer Multiuse Path project to the Beach Routes Traffic Camera project. Committee recommended that Council approve funding in the amount of $120,000 to assist with the implementation of multiple traffic cameras on routes to and from Folly Beach and East Cooper beaches with the understanding that funds are available in the roads portion of the Transportation Sales Tax. The previous item was the last item on the Consent Agenda. A report was furnished by the Finance Committee under date of March 17, 2016, that it considered the information furnished by County Administrator Keith Bustraan and Public Works Director Jim Neal regarding the Stormwater Management Utility Fee. It was stated that regulatory changes and South Carolina Department of Health and Environmental Control (SCDHEC) modifications to the County’s permit for Stormwater Discharges from Regulated Small Municipal Separate Storm Sewer Systems (SMS4) went into effect January 2014 and have placed increasing demands on the program. The required additional services will continue to impose water quality monitoring and testing in order to remain in compliance with this new permit. It is projected that the costs for these additional requirements will exceed projected income by December 2017. It was shown that the current utility fee is structured as “interim” and has been in effect since September 2006. The base fee is $36 for an Equivalent Residential Unit (ERU). The proposed fee is $58 per ERU and is based on a modified calculation resulting from a 2009 rate study. This revised structure will more closely align the County’s commercial fee calculation with other municipal stormwater programs within the County. Charleston County manages the program for five municipalities through Intergovernmental Agreements which are currently in place with Isle of Palms, James Island, Folly Beach, Sullivan’s Island, and Lincolnville. The additional revenue from the proposed rate increase will not only support the unfunded permit compliance

  • -26- March 22, 2016

    requirements but will also provide funding for flood incident reduction and mitigation in unincorporated Charleston County as well as the five municipalities. The committee also considered information regarding a new Stormwater Program Initiative - Flood Incident Reduction and Mitigation Projects (FIRMP). Committee recommended that Council approve and give first reading to an ordinance amending the Stormwater Management Utility Fee Ordinance by establishing the amount of the fee at $72. Mr. Pryor moved approval of the Committee recommendation. The motion was seconded by Ms. Johnson. Mr. Schweers asked if the money received from this fee increase would be tracked by municipality. Mr. Bustraan confirmed that it currently was tracked by municipality and it would continue to be tracked that way in the future. Mr. Jim Neal, Public Works Director, gave additional details regarding the manner in which the fee is calculated and tracked upon receipt. Ms. Condon stated that she believed municipalities should go along with the County’s expanded program or develop, fund, and administer their own program. Mr. Qualey asked for the cost of compliance only. Mr. Neal stated that the fee required to maintain the current program would be $48. Mr. Qualey stated that he believed a 100% tax increase was a bad idea and that if Public Works needed to expand, all of Charleston County’s taxpayers should bear the burden, not just those in the unincorporated areas and municipalities participating in the County’s Stormwater Program. Mr. Summey stated that he believed each municipality should be able to determine the fee for itself. The Chairman called for a vote on the motion to approve the committee recommendation. The motion passed. Messrs. Schweers and Qualey voted against the motion. An ordinance amending the Stormwater Management Utility Fee Ordinance was given first reading by title only. The ordinance title is as follows:

    AN ORDINANCE

    RELATING TO THE IMPOSITION OF STORMWATER MANAGEMENT UTILITY FEES, PROVIDING FOR THE CLASSIFICATION OF REAL PROPERTY SUBJECT TO SUCH

  • -27- March 22, 2016

    FEES, ESTABLISHING THE AMOUNT OF STORMWATER MANAGEMENT UTILITY FEES AND PROVIDING FOR THE USE OF SUCH FEES BY THE STORMWATER

    MANAGEMENT UTILITY OF THE COUNTY OF CHARLESTON The ordinance in its entirety will appear in the Minutes of Charleston County Council at the time of third reading. A report was furnished by the Special Finance Committee under date of March 22, 2016, that it considered the information provided by County Administrator Keith Bustraan and various Council Members regarding solutions to help combat the homelessness problem in Charleston County. It was stated that County Council recognizes that homelessness is a significant issue and it is important for the County to utilize available facilities to assist in solving the problem of homelessness in Charleston County. It was shown that staff and Council Members had me with representatives of the City of Charleston regarding the potential use of the Sheriff’s Work Camp as a temporary housing unit for people living in “Tent City” and representatives of the City of North Charleston regarding the need for a Women and Children’s Shelter. Committee recommended that Council:

    1. Authorize staff to negotiate and give the County Administrator the authority to enter into an agreement with the City of Charleston to utilize the County’s Work Camp to relocate and assist in rehousing the people currently residing in “Tent City” in the City of Charleston beginning on or about April 6, 2016, for a 60 day period, and

    2. Authorize staff to negotiate a lease, renewable in one year increments, for

    $1 per year, with the City of North Charleston to utilize the County’s Building H located at the rear of the Coastal Pre-Release Center located at 3675 Leeds Avenue or, in the alternative, the County’s Work Camp once the agreement with the City of Charleston has expired for a Women and Children’s Shelter,

    with the understanding that both agreements would be subject to a provision allowing the County to terminate if either the federal government reinstates funding for Building H and/or if the Department of Corrections receives funding approval for the Coastal Pre-Release Center. Ms. Condon moved approval of the committee recommendation, seconded by Mr. Rawl, and carried. The Chairman stated that there was need for an Executive Session to receive legal advice on contractual matters and to discuss matters covered under attorney-client privilege regarding the Chicora Life Center and the Mark Clark Completion Project. Mr. Rawl moved for Executive Session, seconded by Mr. Sass, and carried. At the conclusion of the Executive Session, the Chairman stated that no action had been taken in Executive Session.

  • -28- March 22, 2016

    The Chairman asked if any Member of Council wished to bring a matter before the Body. Hearing no affirmative responses and there being no further business to come before the Body, the Chairman declared the meeting to be adjourned.

    Kristen L. Salisbury Deputy Clerk

    Charleston County Council