April 10, 2018 Charleston, SC

A meeting of Charleston County Council was held on the 10th day of April 2018, in the Beverly T. Craven Council Chambers, Second Floor of the Lonnie Hamilton, III Public Services Building, located at 4045 Bridge View Drive, North Charleston, South Carolina. Present at the meeting were the following members of Council: A. Victor Rawl, Chairman, who presided, Anna B. Johnson, Brantley Moody, Teddie Pryor, Joseph K. Qualey, Herbert R. Sass, III, Dickie Schweers and J. Elliott Summey. Mr. Darby was absent due to a business related conflict. County Administrator Jennifer Miller and County Attorney Joe Dawson were also present. Rabbi Michael Davies gave the invocation and Mr. Qualey led the pledge to the flag. The Clerk reported that in compliance with the Freedom of Information Act, notice of meetings and agendas were furnished to the news media and persons requesting notification. Mr. Pryor moved approval of the minutes of March 27, 2018, seconded by Ms. Johnson, and carried. The Chairman stated that the next item on the agenda was resolutions. Mr. Pryor moved approval of the resolutions, seconded by Mr. Moody, and carried. A resolution proclaiming the days of remembrance in memory of the victims of the Holocaust adopted. Chairman Rawl presented the resolution to Rabbi Davies and members of the Jewish community, to include two Holocaust survivors, Ann Fields and Joe Engel. A candlelight ceremony and meditation was read.

A RESOLUTION OF CHARLESTON COUNTY COUNCIL

Proclaiming the Days of Remembrance in memory of the victims of the Holocaust WHEREAS, the Holocaust was the state sponsored systematic, persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945; and, WHEREAS, we remember with sadness the 11 million people, including six million Jews, who were victims of Hitler's 'final solution' along with those who were persecuted for their religious and political beliefs, sexual orientation, and physical disabilities; and, WHEREAS, we remember with admiration the resisters and rescuers known and unknown who risked and lost their lives to save others; and, WHEREAS, we remember with respect the Survivors who escaped, were sheltered, or who were freed and who lived to contribute so much to our community and to our world; and, WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals societies and governments; and, WHEREAS, we have an obligation to ensure that the memory and legacy of lives lost or forever changed in this horrific event are never forgotten.

Resolution for Holocaust

Remembrance

-2- April 10, 2018 NOW, THEREFORE, BE IT RESOLVED that Charleston County Council does hereby declare April 12, 2018 as Yom HaShoah Holocaust Remembrance Day in our community and pledge today to firmly commit ourselves to NEVER AGAIN and to work to promote human dignity by confronting intolerance and hate whenever and wherever it occurs; BE IT FURTHER RESOLVED that Charleston County Council, pursuant to an act of Congress (Public Law 96-388 October 7 1980) and United States Holocaust Memorial Council, does hereby proclaim the week of April 8th through April 14th, 2018 as DAYS OF REMEMBRANCE IN MEMORY OF THE VICTIMS, SURVIVORS, RESCUERS AND LIBERATORS OF THE HOLOCAUST and further proclaim that we, as citizens of Charleston County, South Carolina should promote human dignity and confront hate whenever and wherever it occurs and encourages citizens to join the community in remembering the victims during the community-wide Yom HaShoah Holocaust Remembrance Program on Sunday, April 15th at 2:30 pm at the Charleston Gaillard Center. Charleston’s annual commemoration of the Holocaust, co-sponsored by Charleston Jewish Federation and the City of Charleston, includes the reading of the names of people who perished with family connections to Charleston, a first-hand account from a Holocaust survivor, a silent march to the Holocaust memorial in Marion Square, and a tribute to our local living survivors.

CHARLESTON COUNTY COUNCIL A. Victor Rawl, Chairman

April 10, 2018 A resolution honoring our Public Safety Telecommunicators and recognizing April 8-14, 2018 as “Public Safety Telecommunicator Week” and the month of April 2018 as 911 Education Month was adopted. Chairman Rawl presented the resolution to Consolidated Dispatch Director Jim Lake and staff. Mr. Lake thanked Council for their ongoing support, described the fun they were having this week celebrating Public Safety Telecommunicator Week, and stated they would always be there to answer the phone when someone faces an emergency in Charleston County.

A RESOLUTION OF CHARLESTON COUNTY COUNCIL

Honoring our Public Safety Telecommunicators and Recognizing April 8-14, 2018 as “Public Safety Telecommunicator Week”

and the month of April 2018 as 911 Education Month Whereas, 9-1-1 is nationally recognized as the number to call in an emergency to receive immediate help from law enforcement, fire, EMS or other appropriate emergency response entities; and, Whereas, the Public Safety Telecommunicators are at the core of the 9-1-1 system and all emergency response efforts, making them our first "first responders", and recognizing that their jobs answering 9-1-1 calls and dispatching emergency response units are among the toughest of public service jobs; and, Whereas, our Public Safety Telecommunicators provide critical service to our citizens and emergency response entities which requires enormous personal dedication, ongoing training, and professional skill; and, Whereas, the Charleston County Consolidated 9-1-1 Center serves 23 law enforcement, fire, rescue, emergency medical and emergency management entities, answers over one million calls each year; and,

Public Safety Telecommunicator Week/911 Education Month

-3- April 10, 2018 Whereas, the growth and variety of communications, including wireless, IP-based and text to 9-1-1 systems, as well as the implementation of Smart 9-1-1, requires increased technology, transition, education and awareness; and, Whereas, our Public Safety Telecommunicators have faced extremely difficult circumstances due to events that occurred in 2017 and 2018, to include Hurricane Irma; and, Whereas, Charleston County Council is proud of the dedication and professionalism of our Public Safety Telecommunicators, and the ongoing public safety awareness events which teach the importance and proper use of 9-1-1 so that citizens can call if they can and text if they can’t. NOW, THEREFORE BE IT RESOLVED, that Charleston County Council honors our Public Safety Telecommunicators and recognizes April 8th through 14th as "Public Safety Telecommunicator Week" and the month of April 2018 as 911 Education Month in Charleston County.

CHARLESTON COUNTY COUNCIL

A. Victor Rawl, Chairman April 10, 2018

An ordinance to rezone the property located at 1959 Stokes Avenue was given second reading by title only.

AN ORDINANCE REZONING THE REAL PROPERTY LOCATED AT 1959 STOKES AVENUE, PARCEL IDENTIFICATION NUMBER 475-04-00-026, FROM THE SINGLE FAMILY RESIDENTIAL 4 (R-4) ZONING DISTRICT TO THE PLANNED DEVELOPMENT ZONING DISTRICT (PD-161, THE STOKES TRACT PARKING).

The ordinance in its entirety will appear in the minutes of Charleston County Council at the time of third reading. The Chairman called for a roll call vote on second reading of the ordinance. The roll was called and votes recorded as follows: Darby - absent Johnson - aye Moody - aye Pryor - aye Qualey - aye Sass - aye Schweers - aye Summey - aye Rawl - aye The vote being eight (8) ayes and one (1) absent, the Chairman declared the ordinance to have received second reading approval. The Chairman stated that the next item on the agenda was the Consent Agenda. Mr. Pryor moved approval of the Consent Agenda, seconded by Mr. Moody, and carried.

ZREZ-12-17-00075, 1959 Stokes Avenue—2nd Ordinance

Reading

-4- April 10, 2018 Consent Agenda items are as follows: A report was furnished by the Finance Committee under date of April 5, 2018, that it considered the information provided by County Administrator Jennifer Miller and Budget Director Mack Gile regarding the FY2018 Military Base Preservation Grant. It was stated that the South Carolina Military Base Task Force recently allocated $35,000 in state funds to each of the four military regions (Beaufort, Charleston, Columbia, and Sumter) in South Carolina to assist local efforts to preserve these military communities and their missions.

Charleston County wishes to appropriate the funds designated for our region to the Charleston Metro Chamber of Commerce to assist with their continued efforts in leading the military preservation efforts in our area.

There is no matching requirement associated with the use of these funds. Any funds not spent by December 31, 2018 must be returned to the South Carolina Military Base Task Force. Committee recommended that Council:

1. Accept $35,000 from the South Carolina Military Base Task Force for local military base preservation efforts.

2. Approve $35,000 appropriation to the Charleston Metro Chamber of Commerce for local military base preservation efforts to be spent by December 31, 2018.

3. No matching funds, FTEs, or re-occurring costs are associated with this request. A report was furnished by the Finance Committee under date of April 5, 2018, that it considered the information provided by County Administrator Jennifer Miller and Charleston County Coroner Rae Wooten regarding the Paul Coverdell Forensic Science Improvement Grant Program. It was stated that the Charleston County Coroner’s Office is requesting permission to apply for the FY2018 Paul Coverdell Forensic Science Improvement Grant. This grant program provides funds to improve the quality and timeliness of forensic science and medical examiner/coroner’s office services. The Coroner’s Office is requesting $250,000.00 from the National Institute of Justice to fund a one-year, full-time forensic laboratory assistant and related equipment.

The forensic laboratory assistance will assist the Coroner with set-up, organization of the autopsy space in the new building. The forensic laboratory assistant will also assist with all external investigations, laboratory specimen collection, and documentation of autopsy and forensic services.

No match is associated with this request. There is one grant funded FTE associated with this request. The grant period is January 1, 2019 through December 31, 2019. Committee recommended that Council approve the Coroner’s Office request to apply for, and if awarded, accept the FY2018 Paul Coverdell Forensic Science Improvement Grant Program. The request is for $250,000.00 to employ a one-year grant funded FTE position (full-time forensic laboratory assistant) and autopsy related equipment with the understanding that:

2018 Military Base Preservation

Grant

Paul Coverdell Forensic Science Improvement

Grant

-5- April 10, 2018

No match is associated with this grant.

The grant period is January 1, 2019 through December 31, 2019.

At the end of the grant period, depending on available funding options, the Coroner’s Office may ask the County to fund this FTE thru the General Fund.

A report was furnished by the Finance Committee under date of April 5, 2018, that it considered the information provided by County Administrator Jennifer Miller and Charleston County Coroner Rae Wooten regarding the Strengthening the Medical Examiner-Coroner System Program Grant. It was stated that the Charleston County Coroner’s Office is requesting permission to apply for the FY2018 Strengthening the Medical Examiner-Coroner System Program grant. This grant program provides funds to improve forensic science and medical examiner/coroner’s office services for offices who are actively seeking accreditation. The Coroner’s Office is requesting $450,000.00 from the National Institute of Justice to fund a full-body digital radiographic system.

Radiographic services are required for Medical Examiner/Coroners Offices who maintain and operate an autopsy facility who seek accreditation from the International Association of Coroners & Medical Examiner’s (IAC&ME) and/or the National Association of Medical Examiners (NAME).

No match is associated with this request. The grant period is 24 months running from January 1, 2019 through December 31, 2020. Committee recommended that Council approve the Coroner’s Office request to apply for, and if awarded, accept the FY2018 Strengthening the Medical Examiner-Coroner System Program Grant. The request is for $450,000.00 to purchase a full-body digital radiographic system with the understanding that there is no match associated with this grant and the grant period is January 1, 2019 through December 31, 2020. A report was furnished by the Finance Committee under date of April 5, 2018, that it considered the information provided by County Administrator Jennifer Miller and Building Inspection Services Director Carl Simmons regarding the Hazard Mitigation Grants-Public Education. It was stated that the Building Inspection Services Department requests approval to accept the awarded federal funding for two grants in the amounts of $252,860.00 and $196,712.00 from the South Carolina Emergency Management Division under FEMA’s Hazard Mitigation Grant Program (HMPG). The grants performance periods are April 2018 through April 2020.

This funding will allow the Building Inspection Services Department to promote public awareness of the natural hazards affecting our area over a two-year period to Charleston County residents and our surrounding area and educate homeowners, residents and tourists of the Tri-County area. The Charleston County community has a strong need to increase the current public awareness and education of prospective natural hazards unique to the area.

An additional benefit of this public outreach project is that Charleston County will earn additional credit for the National Flood Insurance Program’s (NFIP) Community Rating System (CRS) rating potentially resulting in lower flood insurance premiums for Charleston County property owners.

There is a 25% matching funds requirement, which will be met with staff time that is already incorporated into the Department’s budget. There are no FTEs or any items that involve re-occurring costs associated with this request.

FY18 Strengthening the Medical Examiner—Coroner System

Program

Hazard Mitigation Grants—Public

Education

-6- April 10, 2018 Committee recommended that Council approve the acceptance of grant awards in the amounts of $252,860.00 and $196,712.00 from the South Carolina Emergency Management Division under FEMA’s Hazard Mitigation Grant Program (HMPG) that will allow the ability to promote public awareness of the natural hazards affecting our area with the understanding that:

there is a 25% matching funds requirement, which will be met with staff time that is already incorporated into the Building Inspection Services budget

there are no FTEs or any items that involve re-occurring costs associated with this request.

A report was furnished by the Finance Committee under date of April 5, 2018, that it considered the information provided by County Administrator Jennifer Miller and Interim Director of Environmental Management Tonya Lott regarding the FY2018 SCDHEC Grant. It was stated that that the Environmental Management Department requests Council’s approval to submit the annual SC Department of Health and Environmental Control (DHEC), Used Oil, Waste Tire and Solid Waste Reduction & Recycling Grant applications for FY 2019 or July 1, 2018- June 30, 2019.

Used Oil Grant The Used Oil Grant application request totals $11,600. 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 $174,938. 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.

Solid Waste Reduction & Recycling Grant The Solid Waste Reduction & Recycling Grant application request totals $10,000. The purpose of the Solid Waste Reduction and Recycling Grant program is to assist local governments and regions in their efforts to achieve the recommended state 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 implement a program to provide recycling tote bags to multi-family residents. These educational and functional tote bags will serve to make recycling in the multi-family sector easier and more convenient while simultaneously seeking to decrease contamination by replacing the plastic bags that are often utilized as means to transport recyclables from a multi-family residence to the larger on-site recycling receptacle. Committee recommended that Council approve the Environmental Management Department request to apply for and accept, if awarded, the FY 2019 SCDHEC

FY2018 SCDHEC

Grant

-7- April 10, 2018 applications for Used Oil, Waste Tire and Solid Waste Reduction & Recycling Grant totaling $196,538 with the understanding that no FTEs or matching funds are required. A report was furnished by the Finance Committee under date of April 5, 2018, that it considered the information provided by County Administrator Jennifer Miller and Transportation Development Director Steve Thigpen regarding the TST Folly Road at Camp Road Intersection Improvements. It was stated that the current plans for the Folly at Camp project provide eight standard painted crosswalks (four at each intersection). In 2017, the Town of James Island requested the department upgrade the crosswalks to match the appearance of the stamped asphalt crosswalks recently installed for the Harbor View Road Improvements project. We responded that the estimated cost for the upgrade, $92,000, exceeded the project budget and therefore we could not approve a change order for the upgrade.

The Town then decided to explore funding the upgrade, and in September 2017 Town Council approved $69,000 to go towards the crosswalks. The department feels that the project would best serve the Town by providing conformity on major road projects in its jurisdiction, and therefore we recommend accepting funding from the Town of James Island and installing stamped asphalt crosswalks at the intersections. The project will be substantially complete by the end of this month, and due to quantity underruns in the construction contract, the project’s contingency fund can cover the remaining $23,000 cost. Committee recommended that Council allow the Transportation Development Department to accept funding of $69,000 from the Town of James Island to apply to construction of the 2006 TST Folly Road at Camp Road Intersection Improvements project to install stamped asphalt crosswalks at the intersections. A report was furnished by the Finance Committee under date of April 5, 2018, that it considered the information provided by County Administrator Jennifer Miller and Contracts and Procurement Director Barrett Tolbert regarding the Turkey Creek Canal Drainage Repairs. It was stated that Turkey Creek Canal Drainage Repairs consist of various repairs to approximately 4,450 linear feet of the Turkey Creek Canal. Work will include, but is not limited to, the removal of eroded material, placement of select fill, and grading to re-establish the channel section; placement of approximately 6,640 tons of rip-rap; installation of approximately 37,600 square feet of tied concrete block mats; approximately 168 square yards of turf reinforcement matting; other miscellaneous repairs; grassing; and erosion and sediment control.

Sealed bids were received in accordance with the terms and conditions of the Invitation for Bid No. 5254-18Z. The mandatory Small Business Enterprise (SBE) requirement for this solicitation is 12.2% and the Disadvantaged Business Enterprise (DBE) goal is 25%. Funding is from the National Resource Conservation Service (NRCS) Grant and the previously Council approved Disaster recovery funds. Bidder

Total Bid Price

SBE Percentage

DBE Percentage

TST Folly Road at Camp Road—Town of James Island

Funding

Turkey Creek Canal Drainage

Repairs

-8- April 10, 2018 Lowcountry Sitework, LLC 1023 Clements Ferry Road Charleston, SC 29492 Principal: John Mazzarella

$ 1,565,040.00 100%

11.23%

Committee recommended that Council authorize award of contract for the Invitation for Bid No. 5254-18Z: Turkey Creek Canal Drainage Repairs to the lowest responsive and responsible bidder, Lowcountry Sitework LLC, in the amount of $1,565,040.00 with the understanding that funds are available in the NRCS Grant and the Roads Program in the 1st Transportation Sales Tax. A report was furnished by the Finance Committee under date of April 5, 2018, that it considered the information provided by County Administrator Jennifer Miller and the Director of Procurement Barrett Tolbert regarding the Popperdam Canal Drainage Repairs. It was stated that Popperdam Canal Drainage Repairs consist of various repairs to approximately 2,450 linear feet of the Popperdam Canal. Work will include, but is not limited to, the removal of eroded material, placement of select fill, and grading to re-establish the channel section; placement of approximately 1,100 tons of rip-rap; installation of approximately 45,400 square feet of tied concrete block mats; approximately 2,491 square yards of turf reinforcement matting; grassing; and erosion and sediment control.

Sealed bids were received in accordance with the terms and conditions of the Invitation for Bid No. 5253-18Z. The mandatory Small Business Enterprise (SBE) requirement for this solicitation is 12.2% and the Disadvantaged Business Enterprise (DBE) goal is 25%. Funding is from the National Resource Conservation Service (NRCS) Grant and the previously Council approved Disaster recovery funds.

Bidder

Total Bid Price

SBE

Percentage

DBE

Percentage

Lowcountry Sitework, LLC 1023 Clements Ferry Road Charleston, SC 29492 John Mazzarella

$835,501.75 100%

5.98%

IPW Construction Group, LLC P.O. Box 40968 Charleston, SC 29423 Principal: Cyrus D. Sinor

$1,274,261.95 100%

100%

Committee recommended that Council authorize award of contract for the Invitation for Bid No. 5253-18Z: Popperdam Canal Drainage Repairs to Lowcountry Sitework LLC, the lowest responsive and responsible bidder, in the amount of $835,501.75 with the understanding that funds are available in the NRCS Grant and the Roads Program in the 1st Transportation Sales Tax. The previous item was the last item on the Consent Agenda.

Popperdam Canal Drainage

Repairs

-9- April 10, 2018 A report was furnished by the Finance Committee under date of April 5, 2018, that it considered the information provided by County Administrator Jennifer Miller and the Greenbelt Program Director Cathy Ruff provided a report regarding the Urban Greenbelt Projects. It was stated that in accordance with Section 5.6.2 of the Charleston County Comprehensive Greenbelt Plan the urban greenbelt projects listed below have been reviewed by the Urban Grants Review Committee and the Charleston County Park and Recreation Commission (CCPRC). Project summaries and maps are attached.

The Urban Grants Review Committee and the CCPRC are recommending approval of the following projects. The recommendation for the Battery Island Landing project is directly from the Urban Grants Review Committee since it is a project submitted by the CCPRC.

Applicant Project Name Project Type Acres Funding Amount

City of N. Charleston 2676 Olympia Road Fee Simple .14 $21,216

City of N. Charleston Fellowship Rd/Dewesbury Ln Fee Simple .68 $142,100

Town of Lincolnville Lincolnville Nature Trail Fee Simple 1.94 $93,557

CCPRC Battery Island Landing Fee Simple .95 $300,000

Lowcountry Land Trust Three Friars Conservation Easement

48.00 $900,000

Total 51.71 $1,456,873

The Urban Grants Review Committee unanimously approved these projects at their February 28, 2018 meeting. The following members were present: Chair Beezer Molten, Vice Chair Taylor Skardon, Julie Hensley, Kevin Bowie, Peggy Potts and Cathy Ruff.

The Charleston County Park and Recreation Commission unanimously approved the municipal projects and the conservation easement project at their March 19, 2018 meeting. The following members were present: Chair Andy Thomas, Vice-Chair Teddy Manos, Dale Aren, Collin Bruner, Lisa S. King and Mattese Lecque.

GREENBELT FUNDS STATUS:

The City of North Charleston currently has $1.57 million remaining of their urban greenbelt funds allocation.

The Town of Lincolnville currently has $93,557 remaining of their urban greenbelt funds allocation.

The CCPRC and Lowcountry Land Trust projects are located within the urban unincorporated areas of the County. Urban funds allocated for unincorporated projects ($3.5 million) have been exhausted so the recommendation for approval includes a request to use a portion of the Greenbelt Fund Balance for these projects.

Rural Greenbelt Funds were exhausted in 2014. Council closed the program and no longer accepts rural projects.

The Greenbelt Advisory Board is currently crafting Greenbelt Plan amendments for County Council’s consideration. These amendments will include recommendations on future expenditures of Greenbelt funds.

Committee recommended that Council:

Urban Greenbelt

Projects

-10- April 10, 2018 1. Approve funding for the urban greenbelt projects listed below, provided that upon approval, grant agreements will be executed between the County and appropriate parties.

Applicant Project Name Project Type Acres Funding Amount

City of N. Charleston 2676 Olympia Road Fee Simple .14 $21,216

City of N. Charleston Fellowship Rd/Dewesbury Ln Fee Simple .68 $142,100

Town of Lincolnville Lincolnville Nature Trail Fee Simple 1.94 $93,557

CCPRC Battery Island Landing Fee Simple .95 $300,000

Lowcountry Land Trust Three Friars Conservation Easement

48.00 $900,000

Total 51.71 $1,456,873

2. Authorize the County Administrator to require the execution and delivery of proper agreements and instruments to implement the conditions of the approval of the grant funds, and to effectuate the goals of the Greenbelt Program ordinances and policies.

3. Authorize the use of $256,873 from Greenbelt project funds and $1,200,000 from Greenbelt fund balance.

Mr. Pryor moved approval of the committee recommendations for the two City of North Charleston applications, the Town of Lincolnville application, and the Charleston County PRC application. Ms. Johnson seconded his motion, and carried.

Mr. Qualey moved approval of the committee recommendation for the conservation easement project on Three Friars property, seconded by Mr. Schweers. Mr. Pryor asked for a roll call vote. The Chairman stated the matter was open for discussion. Mr. Moody stated he supported the project in committee because it is a good deal, but in light of the email from the County Administrator regarding the potential impact of one of the parcels in this project on the I-526 project, he cannot support it until the possible impacts of I-526 are cleared up. He did support bringing the matter back when it has been worked out that it will not interfere at all with I-526 to Council’s satisfaction. Ms. Johnson stated that she previously had concerns about this project, but went along with it and now that it may possibly interfere with I-526, she cannot support it until she is certain it will not interfere with the Mark Clark project. Mr. Sass stated this easement is reducing the density on a 48-acre property to two houses, but in light of the fact that it is adjacent to the alignment of Mark Clark, he is not willing to take a chance on it. He stated it is a good project and he hopes it comes back once it is clear that it will not interfere with I-526. Mr. Schweers made a motion to table the matter. Mr. Qualey stated he would amend his motion to defer the matter until there was information that is more definitive available. Mr. Summey made a point of order that tabling and deferring were two different motions.

-11- April 10, 2018 Mr. Schweers asked Mr. Dawson what motion he needed to make to park the matter until more information about the impact of I-526 is available. Mr. Dawson stated that if the motion on the floor were withdrawn and a new motion was made to table it, it would be helpful to put a timeframe of when it will be revisited. Mr. Pryor stated that if we do not have a timeframe of when more information will be available, he felt we were just postponing the matter. If it was just for one meeting, that was fine, but he was not going to support continuing to table the matter. He further stated that he voted no previously and will continue to vote no because it does not have public access. Ms. Johnson asked Mr. Dawson if the matter was voted down, if it could be brought back. Mr. Dawson stated yes, the matter could be deferred if the applicant still wanted to pursue the Greenbelt application. Ms. Johnson stated that she was referring to a failed motion. Chairman Rawl stated that unlike rezoning applications which require a one-year waiting period before a new application could be submitted, an applicant could apply for greenbelt funding in the very next cycle or if Council brought it back for reconsideration. Mr. Qualey stated that this was a very generous offer from Mr. Kerr and we should not leave him hanging too long. He stated he would make a motion to defer for ninety (90) days. Mr. Schweers asked Mr. Thigpen to tell Council the issue because it was his understanding that even if the property had a conservation easement on it, if I-526 needed to condemn the property for that project, it could. Mr. Thigpen stated that they were currently working with only 30% plans and that while it is known that River Road will require turn lanes, it is unclear if the turn lanes will need to be wide enough to take in a portion of this property in question. Mr. Schweers asked if it made a difference working with a conservation easement. Mr. Summey stated he supports I-526 and understands the nervousness, but he knows the right-of-way for widening US Highway 17 goes through the ACE Basin conservation district. He stated he thought the matter should be deferred for a meeting to get clarity because he understood both sides of the matter and did not want Mr. Kerr having to wait a long time. Mr. Dawson stated nothing prevents the County from using eminent domain when a property is encumbered by a conservation easement, but what he would not discuss publicly was the potential impacts of just compensation for the property in question due to the encumbrance of a conservation easement. Chairman Rawl stated that last Thursday the best information Council had was that this conservation easement would not have an impact on I-526 or the Maybank Highway Pitchfork. Since then, Council received an email from staff that there was a possibility that it may affect I-526. Everyone is honored by the generosity of the Kerr Family and he would suggest that the matter be addressed in two weeks when staff can give a status update so the process is not unduly held up. Mr. Summey asked if the document governing the conservation easement could contain as one of the acceptable uses as a state, county, or municipal right-of-way. Mr. Dawson stated yes, but it does not resolve possible issues later on and he would be happy to discuss those potential issues in private. He did not know whether there will be an issue or not, but he does not want to tell Council to move forward and then have something come up in the future. Mr. Summey asked how to mitigate the matter. Mr. Dawson stated

-12- April 10, 2018 there are a variety of things that could be done to mitigate issues up front with conditions, but those matters have not been vetted. He stated that he would suggest to Council several things that should be considered moving forward to mitigate any potential issues, but he would not articulate those in public. Mr. Pryor asked Mr. Dawson if it was true that this Council could vote for the easement, but could not bind a future Council which might take the easement back. Mr. Dawson stated if the funding was approved to buy the easement, the easement would be in place and the decision will be over. Mr. Pryor stated he understood, but could a future Council decided to not pursue condemning the land in the easement as a way of blocking I-526. Mr. Dawson stated that if the funding was approved and the easement placed, a future Council could still use eminent domain to acquire the right-of-way so that will not be an issue. The issue is not about condemning the property and using eminent domain, the issue is determining what other potential issues come with condemnation and he would be happy to explore those and any conditions Council may want to impose. Chairman Rawl asked Mr. Dawson if he had been involved in the negotiations and if he had read the contract. Mr. Dawson stated he had not. Chairman Rawl asked if it was normal for his office to be involved in negotiating an easement. Mr. Dawson stated that the documents Ms. Ruff uses would have been drafted by his office and as long as there is no deviation from the documents, there is no reason for his office to be involved, but in this instance, he would suggest conditions Council should consider if they decided to move forward given the issues raised. Chairman Rawl again suggested deferring for two weeks to allow Mr. Dawson’s office to work with staff and Mr. Kerr, as well as allow Mr. Thigpen and his staff to give Council the best prospective drawing of anticipated I-526 with the understanding that it is not final plans. He does not feel it is beneficial to anyone involved to postpone more than two weeks. Mr. Qualey stated that he would amend his motion to defer the matter until the next County Council meeting with specificities that Mr. Dawson review, advise, and negotiate, if necessary, and Mr. Thigpen and staff give Council their best engineering on where I-526 would intersect with River Road and any improvements needed on River Road. Mr. Schweers accepted the amendment. Ms. Johnson asked if two weeks was enough time and what Council was expecting. Chairman Rawl stated he was not expecting final plans, but to have Mr. Thigpen and staff to do the best they can with the proposed plans they have to determine what construction was necessary to support the plans. Otherwise, Council would be waiting for the highway department to finalize plans and that could be another 5-10 years. Mr. Pryor asked Mr. Thigpen if he thought he would have any new information within two weeks. Mr. Thigpen stated that he proposed a number of questions to the highway department and hoped to get answers soon. The Chairman called for a roll call vote. The roll was called and votes recorded as follows: Darby - absent

-13- April 10, 2018 Johnson - aye Moody - nay Pryor - nay Qualey - aye Sass - aye Schweers - aye Summey - aye Rawl - aye The vote being six (6) ayes, two (2) nays, and one (1) absent, the Chairman declared the motion for deferment for two weeks to have passed. The Chairman asked if any member of Council wished to bring a matter before the Body. Mr. Qualey stated that Camp and Folly Road property was removed from the agenda at his request to allow the Town of James Island and County staff to discuss how the objective of the Town getting this property could be met without using Greenbelt funds in order to honor the integrity of the Greenbelt program. He stated that if there was any doubt that the property would not be used within the Greenbelt parameters, he did not want those funds to be used. Mr. Schweers stated that having public access was not a goal of the Greenbelt Program when it was established. He was hopeful that Mr. Pryor’s position of voting against projects without public access was not going to be an issue going forward. In the original sales tax program, the goal of the PRC was to secure properties with public access and the PRC was allocated $60 million to purchase parklands, but the Greenbelt program’s main goal was to protect the rural areas when new roads were built so we did not urbanize the whole county. The goal of the program could never be accomplished with fee simple purchases, but it can be done to a certain extent with conservation easements by leveraging public and private funding to ensure large undeveloped properties remain undeveloped in perpetuity. If someone wants to public access for passive or active recreation, there are a number of properties in all areas of Charleston County that offer public access. There being no further business to come before the Body, the Chairman declared the meeting to be adjourned.

Kristen L. Salisbury Clerk of Council

Council

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