City of CHARLESTON, SOUTH CAROLINA City Council Minutes

December 17, 1996

COUNCIL CHAMBER

Regular Meeting.

December 17, 1996.

The twenty-fourth meeting of the City Council of Charleston was held this date convening at 6:05 p.m. in City Hall.

A notice of this meeting and an agenda were mailed to the news media December 13, 1996 and appeared in The Post and Courier December 17, 1996.

PRESENT

The Honorable Joseph P. Riley, Jr., Mayor, and Councilmembers Hagerty, Lewis, Washington, Evans, Ader, Shirley, Hart, and Thomas--9.

Mayor Riley noted Councilmembers Kinloch, Jefferson, Scott and Waring would not be able to attend the meeting due to illness. Councilmember Ader arrived late (6:25 p.m. during the Report from the Committee on Human Resources) because she attended the Board of Adjustment - Zoning meeting prior to the Council meeting.

The meeting was opened with prayer by Councilmember Shirley.

Councilmember Shirley led City Council in the Pledge of Allegiance.

The first item on the agenda was a public hearing called for by the following advertisement which appeared in The Post Courier on December 8, 1996, in The Chronicle on December 11, 1996, and in The Coastal Times on December 11, 1996.

NOTICE OF PUBLIC HEARING CITY OF CHARLESTON, SC 1997 BUDGET

The public hereby is advised that on Tuesday, December 17, 1996 beginning at 6:00 p.m. in City Hall, 80 Broad Street, the City Council of Charleston, SC, will hold a public hearing on the City's 1997 budget and give second and final readings and ratify an ordinance to adopt the budget. The total projected revenues and operating expenditures for the present and next fiscal years are as follows: GENERAL FUND AND ENTERPRISE FUNDS

|1996 |1997 |BUDGET |BUDGET | | ______REVENUES AND OTHER |$69,810,381 |$72,260,586 FINANCING SOURCES | | ______EXPENDITURES |$69,810,381 |$72,260,586

The estimated change in the 1997 budget is $2,450,205 or a 3.5% increase. The current fiscal year effective millage rate for home owners for general operations is 86.6 mills. The projected 1997 effective millage rate for home owners will be 84.6 mills. The total projected property tax revenue for 1997 is estimated to be $26,433,771.

VANESSA TURNER-MAYBANK Clerk of Council

The Mayor invited comments from the public regarding the 1997 City Budget. No member of the public wished to speak for or against this matter. The Mayor declared this public hearing concluded.

Council was in receipt of the following memorandum from the Mayor regarding the refinancing of some of the 1991 bond issue:

MEMORANDUM

TO: Charleston City Council

FROM: Joseph P. Riley, Jr., Mayor

DATE: December 17, 1996

By Ordinance adopted at the December 3 meeting, City Council authorized the refinancing of some of the 1991 bond issue to achieve a savings in principal and interest payments. Those refunding bonds were offered at public sale at noon today.

A total of eight bids were received, the winning bid producing a savings to the City of approximately $783,000 by reducing future debt service payments.

The winning bid was submitted by William R. Hough & Company, an investment banking firm which recently opened an office on East Bay Street. Other bidders include J. C. Bradford,

First Union, NationsBank, Wachovia, Morgan Keegan, Robinson-Humphrey and Interstate/Johnson Lane.

The slight rise in rates over the last few weeks limited the savings to $783,000. However, rates are much below their 1991 levels and a significant savings has been achieved through the refinancing.

In connection with this borrowing, it was necessary to ask Moody's and Standard & Poor's to rate the financial condition of the City. Both rating agencies affirmed the AA rating enjoyed by the City. As you know, the only two municipalities in South Carolina which enjoy this high a general obligation rating from both Moody's and Standard & Poor's are Charleston and Columbia.

The morning's sale of refunding bonds illustrates the ong oing effort the City goes to in order to make certain we continue to make the City's borrowing needs more efficient when the interest rate markets permit. By this memo, I simply wanted to report to you on the economic benefits produced by the refinancing.

Council was also in receipt of the following memorandum from Mayor Riley regarding the $4.3 million general obligation bond issue for recreational facilities in 1997:

MEMORANDUM

TO: Charleston City Council

FROM: Joseph P. Riley, Jr., Mayor

DATE: December 17, 1996

The purpose of this memo is to expand upon my suggestion to you that the City consider a $4.3 million general obligation bond issue for recreational facilities in 1997. As you consider this suggestion, I offer the following information concerning the City's borrowing practices.

The City has been deliberate in its use of bonded indebtedness as indicated by the enclosures, the first of which is my August 1993 letter to representatives of Moody's on the occasion of their visit to Charleston to make an assessment of the economic consequences of base closure. The second enclosure is from the City's recent official statements.

These two enclosures provide the context which recommends going forward with the $4.3 million bond issue proposed for 1997. The excerpt from the official statement notes that:

the City recognizes that many municipal projects are not by their nature revenue producing. Examples include certain public safety needs such as police and f ire fighting buildings and equipment as well as providing parks and recreation . . . . The 1995 Bonds, the 1982 Bonds, the 1986 Bonds, the 1987 Bonds and the 1991 bonds issued for such projects as parks acquisition and development maintenance and improvement of the City's public buildings and public safety improvements such as police and fire protection are all issued under the City's

8% debt limit.

The City's outstanding debt will be paid by the year 2015. The outstanding debt has been structured in such a way as to permit relatively rapid repayment so that those generations which follow us can not only enjoy the facilities we leave to them but also undertake whatever necessary capital improvements arise during their stewardship.

To illustrate, projected gross millage necessary to pay outstanding general obligation debt for which taxes should be levied are as follows:

Year |Mills | ______1997 |16.83 | ______1998 |15.74 | ______1999 |15.71 | ______2000 |15.34 | ______2001 |14.06 | ______2002 |14.29 | ______2003 |14.29 | ______2004 |14.05 | ______

2005 |13.70 | | ______2006 |13.19 | ______2007 |10.52 | ______2008 |7.83 | ______2009 |7.61 | ______2010 |7.25 | ______2011 |7.04 | ______2012 |6.71 | ______2013 |4.44 | ______2014 |4.31 | ______2015 |4.18

I propose structuring the 1997 borrowing in such a way as to dovetail its payment obligations with existing debt service requirements so as to minimize millage impact. Doing so is consistent with the City's philosophy of the last two decades regarding debt as well as the prudent approach taken with debt by responsible political subdivisions.

As our City grows, it is appropriate to make capital improvements for the benefit of our citizens. We and previous generations have enjoyed the parks and playgrounds which were made available to us. The suggestion I offer to you will provide similar facilities to growing parts of our City. The cost of these capital improvements may be paid in the manner contemplated by our State Constitution and laws and in a manner which is consistent with the City's history of prudent use of its borrowing power.

August 9, 1993

BY HAND

Diana Roswick, Vice President & Manager Barbara Boulle', Senior Analyst Moody's Investors Service, Inc. 99 Church Street New York, NY 10007

Dear Ms. Roswick & Ms. Boulle'

I look forward to meeting you at 11:00 A.M. tomorrow. In anticipation of that meeting, I thought it might be helpful to offer a discussion of the approach the City has taken to financing capital improvements during my terms as Mayor. Thus, the purpose of this letter is two-fold (I) to illustrate certain characteristics of the City's capital improvement plan by using several of the City's outstanding bond issues as examples of the successful implementation of the plan; and (II) to describe in greater detail capital improvement projects currently being considered and to discuss how they are consistent with the City's philosophy regarding capital expenditures.

I. Certain Characteristics of the City's Capital Improvement Plan

(A) No millage is to be levied for capital improvements which can pay for themselves.

It is the City's expectation that those capital improvements which can pay for themselves are expected to do so thereby minimizing millage impact. For example, the general obligation bonds issued for parking garages are used to build such facilities, the income from which exceeds operation and maintenance expense as well as debt service on the parking garages.

By selling general obligation debt, the City obtains a lower rate of interest than would be achieved through the issuance of revenue bonds. Achieving the lower rate of interest results in parking rates at the facilities being less than what would have to be in place if revenue debt had been issued. A second benefit of this approach is while lower parking rates are achieved no mills have to be levied to pay debt service on the bonds.

An additional benefit of this approach to financing capital improvements is the fact that once the term of the borrowing is over, the City has a revenue producing facility with no further financing costs, thereby making the revenues produced by the facility available to finance other needed capital improvements without resort to millage.

(B) The City shall cooperate with other political subdivisions to finance mutually beneficial capital improvements.

A second example of a characteristic of the City's capital improvement plan may be found in the 1977 Museum Bond Issue. This characteristic is the example of the City working with other political subdivisions to provide important public buildings and resources. At the time the Museum was built, the City contributed $2 Million and the County $4 Million to its construction. The location of the Museum on upper Meeting Street served as the catalyst we anticipated in bringing further development to that area. While the Museum itself does not generate proceeds for the City's General Fund, the economic stimulus it provides, coupled with the City's other efforts in this regard, has increased the value of a mill significantly.

To illustrate, the levy of three mills was necessary to pay one year's debt service on the Museum Bond issue when it was first issued in the late 1970's. Debt service remains substantially the same but only .61 mills are now required to meet this obligation due to the increase in the value of a mill.

Thus, a second part of the thinking behind the City's capital improvement plan has been to undertake projects which are important in themselves but which are also expected to generate advantageous economic activity and investment around them.

Several capital improvements undertaken by the City have specific revenue sources identified for their debt repayment at the time the bonds are approved which is a third component of the City's approach to financing capital improvements. For example, the VRTC construction was premised on the fact that the tourism industry was growing and the resulting expectation that accommodations tax revenues would grow as well. Debt service on this bond issue has been met and is expected to continue to be made from accommodations tax revenues.

The drainage bonds approved by the voters also had a source identified for their repayment, specifically a portion of the five percent increase in business license taxes implemented several years ago. That source of money together with two mills levied for drainage in 1986, are sufficient to meet debt service on drainage bonds.

(D) Millage shall be levied for needed capital improvements for which other revenue sources may not be identified.

Not every capital improvement project a political subdivision must undertake is capable of providing positive cash-flow or generating investment in its immediate surroundings. For example, a City has to buy fire trucks and build fire stations. While advantages from such capital improvements accrue in the form of lower fire insurance rates and while the City attempts to enhance the neighborhoods in which fire stations are located by providing quality facilities, the source of repayment must ultimately be millage. The thinking behind the City's acquisition and construction of fire stations has been to use the eight percent constitutional debt limitation for issuing general obligation bonds. For example, in 1983 and 1984 the City issued two separate series of $500,000 of such Bonds for fire stations located on James Island and West Ashley. This approach represents a fourth aspect of the thinking behind the City's capital improvement plan.

II. Capital Improvement Projects Currently Being Considered

The preceding section illustrates several of the approaches the City has undertaken with regard to its outstanding general obligation debt. The capital improvement plan is constantly updated to respond to new demands and opportunities for capital improvement projects as those previously undertaken are completed. For example, the Museum Bonds are nearing retirement after which the City will have no debt service requirement but many future generations will continue to enjoy all that the museum provides. Similarly, fire stations as well as many parking facilities have been bought and paid for and continue to serve the community.

As the City retires some of its outstanding debt it is appropriate to consider funding sources for capital projects currently being developed by the City. The thinking behind the projects contained in the lease-purchase financing mirrors several of the characteristics of the City's approach to financing capital improvement projects illustrated by the examples shown above. Specifically, the ballpark is expected to generate revenue which will help reduce millage impact. Because the City has asked the County to contribute $2,000,000, it also represents a collaborative effort among political subdivisions. Also, with respect to the ballpark, the Department of Administrative Services has prepared an inventory of surplus land held by the City. The City plans to convert certain of this excess land to cash ($3,000,000) for the purpose of applying that cash to construction of the ballpark. By doing so, the City does not reduce its asset base but rather transforms it from one capital improvement to another.

The Calhoun Street parking garage is another example of the City working with another political subdivision (the School District) to have constructed an important public building on a major artery of the City. Just as the Museum first stabilized and later served as a catalyst for investment on Upper Meeting Street, it is expected that the School Board Building and the City parking garage will similarly benefit Calhoun Street.

The police station improvements respond, as have the fire stations previously constructed, to the public safety needs of the community. While some millage will have to be levied, this project illustrates another characteristic of the City's strategy in financing capital improvements which is the City's effort to have its capital improvements generate as much cash flow as possible. The City will attempt to obtain a market rent from the State Highway Department which is expected to lease certain of the improvements at the police station. With respect to the ballpark and the parking garage, the City will attempt to maximize income from use of the ballpark and will also realize some income from revenues generated at the parking facility.

In conclusion, the City of Charleston, together with the City of Columbia, are the two municipalities in South Carolina which enjoy an AA rating from Moody's. In your Municipal Rating Report which described the rationale behind the upgrade to AA, you cited "A diverse and growing economic base and satisfactory financial operations . . . ." In addition you cited Charleston's "strong management, as demonstrated by its immediate response to Hurricane Hugo."

The City faces new challenges as you know and we are in the process of applying strong management principles to meet these challenges. I look forward to discussing with you in greater detail tomorrow the City's response to the Navy Base closure as well as our capital improvement plan.

Sincerely yours,

JOSEPH P. RILEY, JR.

EXCERPT FROM CITY'S OFFICIAL STATEMENT

The City of Charleston's Capital Improvement Program

The City's investment in capital improvements is set forth at page 21 herein. These investments constitute an integral part of the City's overall plan for providing City infrastructure improvements while at the same time encouraging economic development when possible.

The earliest bond issue presently outstanding provides an illustration of several of the objectives of the City's approach to infrastructure improvements. The proceeds of the 1977 Bond issue defrayed the cost of construction of the Charleston Museum. The balance of the cost of construction was paid from a variety of sources including a $4 million Charleston County bond issue. City voters approved the City's $2 million investment at an election held on November 5, 1974, by a margin of 9,551 to 1,828. The City participated in site location for the building which location was selected not only to make the facility more readily accessible to residents and visitors but also to serve as a catalyst to economic development in an area of the City threatened with a decline in economic activity. Thus, this public facility serves the two-fold purpose of providing citizens and visitors a cultural and educational resource while at the same time providing a stimulus to economic development.

Examples of private investment in the vicinity of the Museum include the Southern Bell Regional Headquarters, the renovation of the previously vacant Francis Marion Hotel and the renovation of an area called Camden Exchange comprising nearly a city block to include the Charleston Music Hall, a 1,000 seat concert hall which will host family-oriented entertainment, a 170 room Hampton Inn and restaurant and retail space, and the renovation of the previously vacant former Citadel campus to reopen as a 150 room hotel, representing an aggregate investment of $75 million.

Additional public infrastructure improvements have been made to this area to both accommodate the existing private economic development as well as to encourage further private investment. For example, two municipal parking garages with an aggregate of more than 1,000 spaces have been built to accommodate the growth in economic activity. In addition, at a referendum held November 3, 1987, the voters by a margin of 6,899 to 1,422 approved the issuance of $3,000,000 general obligation bonds to convert an abandoned railroad building into a visitors reception and transportation center. Debt service on this issue is paid from a combination of sources including tourism related fees as well as revenues produced by the facility itself. Over one million visitors a year go through the Visitors Center which has served as a catalyst to the Chamber of Commerce and the United Way locating in an adjacent restored building which previously stood vacant.

Plans have been approved to convert a vacant department store into residential housing for a growing student population at nearby colleges. It is expected that the parking garages and other public improvements, such as a state-of-the-art approach to drainage problems in the area, will provide the infrastructure to support such private investment.

The fact that much of the City is located at sea level and that much of the City is bordered by water has caused coastal flooding to occur for centuries at times of heavy rains and high tide. The voters at a referendum held November 3, 1987, approved the issuance of

$9,500,000 for drainage improvements by a margin of 7,276 to 1,008. Construction of the first phase of these improvements have been completed in certain areas of the City and are scheduled to be completed elsewhere by January, 1997.

The parking garages mentioned above were paid for from a portion of the proceeds of an aggregate of $25 million of general obligation bonds approved by the voters at an election held on June 6, 1989, by a margin of 1,126 to 256. In the proceedings of City Council calling for the election, City Council required that before any bonds were issued pursuant to the referendum, a certificate from the Director of the Department of Administrative Services and the Director of the Department of Traffic and Transportation of the City certifying that debt service requirements for the facility to be financed may be paid from municipal parking revenues, including revenues to be generated by the facility to be financed, be obtained. The required certificates have been received prior to the issuance of each of the three series of bonds.

City Council's requirement that it receive assurances the bonds would be self-supporting before $25 million of general obligation bonds for parking garages could be issued illustrates the philosophy underlying the City's capital improvement plan that projects which can pay for themselves be required to do so. This is significant to the City's approach to financing capital improvements because the City recognizes that many municipal projects are not by their nature revenue producing. Examples include certain public safety needs such as police and fire fighting buildings and equipment as well as providing parks and recreation. Borrowing for these capital improvements are most often accomplished through the State constitutional authorization which permits political subdivisions to incur debt up to 8% of its assessed value, through the issuance of revenue debt which is not secured by the City's taxing power or through a lease purchase transaction. The 1995 Bonds, the 1982 Bonds, the 1986 Bonds, the 1987 Bonds and the 1991 Bonds issued for such projects as parks acquisition and development maintenance and improvement of the City's public buildings and public safety improvements such as police and fire protection are all issued under the City's 8% debt limit. The City now has an additional 8% debt authorization of $8,731,817 available to it.

Consistent with the City's past practice of identifying alternative sources of revenue to pay debt service on certain capital projects, City Council by Ordinance adopted February 27, 1996, established a 1% Municipal Accommodations Fee. The proceeds of the fee are to be applied to defray the costs of capital projects beneficial to the tourism industry or to pay debt service on revenue bonds, the proceeds of which have been applied to defray the cost of capital projects of special benefit to the tourism industry. The Ordinance adopted February 27, 1996, recites that the tourism industry brings five million visitors a year to a City with a permanent population of 94,000. Recognizing the specific demands such visitors place upon capital projects within the City, City Council determined to impose the 1% Municipal Accommodations Fee in order to provide an alternative source of revenue to defray such costs. The fee is expected to produce $720,000 in the nine remaining months of 1996 and approximately $960,000 in 1997.

The City's experience in 1982 when it issued $3,000,000 of general obligation bonds to defray the cost of construction of a 450 space parking garage led to the decision that the voters should determine if they wished to approve the issuance of general obligation bonds for parking. The revenues from the garage are sufficient to pay debt service on the 1982 Bond issue. The 450 space garage served as a catalyst to development of a vacant department store site of nearly a city block in the heart of the City's downtown business district. The private investment and resulting economic activity which was anticipated to follow construction of the parking garage did in fact occur. A $86 million mixed-use development adjacent to the parking garage

opened September 2, 1986, consisting in part of a 450 room Orient Express Hotel with 46,000 square feet of retail space and extensive meeting facilities for conferences and conventions. The project generated 1,400 new jobs. In addition to the 35 shops located within Charleston Place itself extensive private investment has occurred in the immediate vicinity of Charleston Place.

Both First Union and NationsBank have opened regional headquarter office buildings adjacent to Charleston Place with aggregate square footage of 210,000. A vacant movie theater across the street from Charleston Place is scheduled for a $4.7 million renovation to constitute 11,000 square feet of both retail and conference space. Most recently, Saks Fifth Avenue opened a 30,000 square feet store which serves as an anchor to a $27 million retail and office building constructed on a city block diagonally across from Charleston Place.

The City has constructed two public parks by issuing revenue bonds. The cost of the Waterfront Park which opened in 1990 was defrayed by a $6,500,000 Tax Increment financing. The borrowing is secured by certain revenues generated in the Tax Increment District created in 1986 and not by a pledge of the City's taxing power. The cost of acquisition of a passive park on James Island was paid by a $500,000 Revenue Bond secured by certain tourism related revenues and not by the City's taxing power.

In 1993, the City entered into a $30 million lease purchase transaction which was applied to a number of projects including renovation and new construction of approximately 100,000 square feet at the City's municipal/public safety complex, several police and fire substations, parks to serve West Ashley and James Island, a baseball park and associated parking as well as a 560 space five level parking garage to serve the Municipal Auditorium, the Charleston County School District offices and the main branch of the Charleston County library now under construction. It is anticipated that revenues from certain of these projects including particularly the baseball park and the parking facilities will defray debt service requirements for the borrowing.

At a referendum held November 8, 1988, the voters by a margin of 13,780 to 4,498 approved the issuance of $9.5 million of general obligation bonds to defray the cost of the South Carolina Aquarium. Other funding sources include $7 million of general obligation bonds approved by the voters of Charleston County, $9.5 million of State of South Carolina general obligation bonds appropriated by the South Carolina General Assembly as well as a private fundraising campaign. Construction of this 100,000 square foot facility has begun.

As the foregoing illustrates, $50,000,000 of the total outstanding general obligation debt of the City of approximately $62,000,000 has been approved by the voters at referendum. The total vote at the six separate bond elections conducted in the City has shown 44,613 in favor of the proposed bonds and 10,053 opposed, a margin of 4 to 1 in favor of the projects.

The preceding discussion further illustrates that consistent with City Council stated objective, debt service for parking facilities built through borrowing are paid in full from parking revenues. Other capital projects which generate revenue for the City use such revenues to defray debt service. As a result, the City estimates that significantly more than 50% of debt service for capital projects is paid from sources other than ad valorem tax.

In response to Councilmember Thomas' questions about the Stormwater Utilities Budget, the Mayor said that budget should come before Council in February. Councilmember Thomas asked if there was any reason why this budget should not be brought in line with the

City's usual budget procedures. The Mayor said if Council would like to make the Stormwater Utilities Budget merge with the City's annual budget that could certainly be done.

Councilmember Thomas moved that Council consider the Stormwater Utilities Budget as part of the City's total financial picture. Councilmember Lewis seconded the motion. The motion carried unanimously.

When Councilmember Hart asked if Councilmember Thomas was referring to the 1997 or 1998 budget, Councilmember Thomas replied 1997. The Mayor said the 1997 Stormwater Utilities Budget will not be a twelve-month budget, rather it will be for the balance of 1997. That way the Stormwater Utilities Budget will be a twelve-month budget January 1, 1998 in conjunction with the City budget.

When Councilmember Thomas asked if Council would have a proper time for examination of the budget, the Mayor replied affirmatively.

After brief discussion, Council agreed to continue discussion of the 1997 City Budget when the levy and appropriations bills came up during the Bills Up for Second Reading portion of the agenda

Council then considered the public hearing called for by the following advertisement which appeared in the Post Courier on December 12, 1996.

PUBLIC HEARING

The public hereby is advised that the City Council of Charleston will hold a public hearing Tuesday, December 17, 1996, beginning at 6:00 p.m., at City Hall, 80 Broad Street regarding a Federal Block Grant to assist with the School Liaison Program and to receive input regarding the proposed use of the payment under the Local Law Enforcement Block Grant in relation to its entire budget.

The Grant is divided into three parts:

Members of the public are encouraged to present their views regarding the entire budget and the relation of the Grant to the entire budget. Extended presentations should be submitted in writing.

VANESSA TURNER-MAYBANK Clerk of Council

The following is the application for the grant in this public hearing matter:

______Local Law Enforcement Block |11. TOTAL AWARD $205,216.00 Grants Program | ______

______12. SPECIAL CONDITIONS (Check, if applicable)

______[X] THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED 05 PAGE(S)

______13. STATUTORY AUTHORITY FOR GRANT

______[ ] TITLE I OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968. 42 U.S.C. 3701, ET. SEQ., AS AMENDED.

______[ ] TITLE II OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974. 42 U.S.C. 5601, ET. SEQ., AS AMENDED

______[ ] VICTIMS OF CRIME ACT OF 1984, 42 U.S.C. 10601, ET. SEQ., PUBLIC LAW 98-473, AS AMENDED.

______[X] OTHER (Specify): Omnibus Appropriations Act of 1996

______14. FUTURE FISCAL YEAR(S) SUPPORT:

______SECOND YEAR'S BUDGET PERIOD: N/A

______

AMOUNT OF FUNDS: N/A TYPE OF FUNDS:____

______THIRD YEAR'S BUDGET PERIOD: N/A

______AMOUNT OF FUNDS: N/A TYPE OF FUNDS:____

______15. METHOD OF PAYMENT

______THE GRANTEE WILL RECEIVE CASH VIA A LETTER OF CREDIT [X] YES [ ] NO

______AGENCY USE ONLY

______20. ACCOUNTING CLASSIFICATION |21. L16257 CODE |

FISCAL |FUND |BUD. |CFC. |DIV. |SUB. | | YEAR |CODE |ACT. | |FEE | | | ______X |V |L1 |80 |00 |00 | |

SPECIAL CONDITIONS

1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide.

2. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-128, "Audits of State and Local Governments". In conjunction with the beginning date of the award, the audit report period of the state or local governmental entity to be audited under the single audit requirement is January 1, 1996 to December 31, 1996. The audit report must be submitted no later than February 1, 1998 and for each audit cycle thereafter covering the entire award period as originally approved or amended. The management letter must be submitted with the audit report. Subsequent audits must be submitted no later than thirteen (13) months after the close of the recipient organization's audited fiscal year. The submission of the audit report shall be as follows:

An original and one copy of the audit report shall be sent to the U.S. Department of Housing and Urban Development. Also, a copy of the audit report shall be sent to:

Clark F. Cooper Atlanta Regional Audit Manager 101 Marietta Street, Suite 2322 Atlanta, GA 30323

and a copy of your audit transmittal letter addressed to the Federal Regional Inspector General's office shall be sent to:

Audit Services Office of the Comptroller Office of Justice Programs Department of Justice Room 942 633 Indiana Avenue, N.W. Washington, D.C. 20531.

3. The recipient agrees to submit its corrective action plan with the audit report to the DOJ Regional Inspector General for Audit, when there are findings/recommendations disclosed in the audit report. The corrective action plan should include: (1) specific steps taken to comply with the recommendations; (2) timetable for performance and/or implementation date for each recommendation; and (3) description of monitoring to be conducted to ensure implementation.

4. The recipient shall submit one copy of all reports and proposed publications resulting from this agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analyses.)

"This project was supported by Grant No. 96-LB-VX-3673 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice."

5. The recipient agrees to provide information required for the evaluation or assessment of any activities within this project.

6. The recipient agrees to provide $22,802 over the grant period in a cash match. The recipient is reminded that the match funds are auditable under Special Condition #2 and will be binding to the recipient.

7. The recipient agrees to submit, at a minimum, semi-annual reports on its programmatic activities. The first programmatic report will be due on January 30, 1997, covering the period of October - December, 1996. The next report will be due on July 31, 1997 and cover the period of January - June, 1997. The next report should cover the next six month period and is due thirty (30) days after the end of the six month period for the life of the grant. A final report on the programmatic activities is due 120 days following the end of the grant period.

8. The recipient agrees to establish a trust fund in which the Bureau of Justice Assistance will deposit all payments received under this award. For the purposes of this grant, a trust fund is an interest bearing account that is specifically designated for this Program. Only allowable program expenses can be paid from this account. This fund may not be utilized to pay debts incurred by other

activities beyond the scope of the Local Law Enforcement Block Grants Program.

The recipient also agrees to use the grant amount in the trust fund (including interest) during the period not to exceed 24 months from the date of the first Federal payment.

9. The recipient agrees to submit quarterly financial reports. The financial report is due 45 days after the end of each calendar quarter. A final financial report is due 120 days following the end of the grant period. 10. No funds shall be used to supplant state or local funds that would otherwise be made available for such purposes.

11. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 CFR 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in the suspension of the drawdown of funds.

12. The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement officers and support personnel, as described in the applicable purpose area of Subpart A section 101 (a) (2), that the recipient and/or unit of local government will achieve a net gain in the number of law enforcement officers who perform nonadministrative public safety service.

13. The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement officers and support personnel, that the recipient or units of local government will establish procedures to give members of the Armed Forces who, on or after October 1, 1990, were or are selected for involuntary separation (as described in section 1141 of title 10, United States Code), approved for separation under section 1174a or 1175 of such title, or retired pursuant to the authority provided under section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102-484; 10 U.S.C. 1923 note), a suitable preference in the employment of persons as additional law enforcement officers or support personnel using funds made available under this Program.

14. The recipient agrees if funds are used for enhancing security or crime prevention, that the unit of local government --

(a) has an adequate process to assess the impact of any enhancement of a school security measure that is undertaken under subparagraph (B) of section 101 (a) (2), or any crime prevention programs that are established under subparagraphs (C) and (E) of section 101 (a) (2), on the incidence of crime in the geographic area where the enhancement is undertaken or the program is established;

(b) will conduct such an assessment with respect to each such enhancement or program; and

15. The recipient agrees that prior to the obligation of funds at least one (1) public hearing will be held regarding the proposed use of the payment under the Local Law Enforcement Block Grant in relation to its entire budget. At the hearing, persons shall be given an opportunity to provide written and oral views to the unit of local government about the entire budget and the relation of the Grant to the entire budget.

The recipient will hold the public hearing at a time and place that allows and encourages public attendance and participation.

16. The recipient agrees that prior to the obligation of any funds received under the Local Law Enforcement Block Grants Program, it shall establish or designate an advisory board. While membership on the advisory board may be broader, it must include a representative from --

(a) the local police department or local sheriff's department;

(b) the local prosecutor's office;

(d) the local public school system; and

(e) a local nonprofit, educational, religious or community group active in crime prevention or drug use prevention or treatment.

The advisory board must review the application for funding under the Local Law Enforcement Block Grants Program, and it must be authorized to make nonbinding recommendations to the recipient/unit of local government for the use of funds received under the Program.

Grantee Acceptance of Special Conditions

JOSEPH P. RILEY SIGNATURE OF AUTHORIZED OFFICIAL

11/6/96 DATE

U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS BUREAU OF JUSTICE ASSISTANCE

LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM

REQUEST FOR PAYMENT

GRANT NUMBER: 96LBVX3673

NAME OF GRANTEE: City of Charleston, South Carolina

VENDOR NUMBER: 576000226

AWARD AMOUNT: $205,216.00

As a recipient of a Local Law Enforcement Block Grants Program award, I hereby request payment. These funds will be placed into a trust fund in accordance with Public Law 104-134 and LLEBG Program guidance.

I agree not to obligate any funds until Special Conditions #15 - Public Hearing and #16 - Advisory Board and if applicable, any conditions regarding disparate allocation and the submission of a joint spending plan, have been met and the special conditions released by the issuance of a grant adjustment notice.

JOSEPH P. RILEY SIGNATURE OF CHIEF EXECUTIVE OFFICER/DATE

€ This project is supported under Title I of the Omnibus Crime Control and Safe Streets Act, 42 USC 3701, as amended.

€ This project is supported under the Juvenile Justice and Delinquency Prevention Act of 1974, as amended.

[X] Other: Omnibus Appropriations Act of 1996

[ ] This project is supported under Title I of the Omnibus Crime Control and Safe Streets Act, 42 USC 3701, as amended.

______[ ] This project is supported under the Juvenile Justice and Delinquency Prevention Act of 1974, as amended.

______[ ] Other: Omnibus Appropriations Act of 1996.

______1. STAFF CONTACT (Name, |2. PROJECT DIRECTOR (Name, address & telephone number) |address & telephone number) | |

______The Local Law Enforcement Block Grants Program is authorized by the Omnibus Fiscal Year 1996 Appropriations Act, Public Law 104-134 for the purpose of providing units of local government with funds to underwrite projects to reduce crime and improve public safety. The Bureau of Justice Assistance will make direct awards to units of local government when award amounts are at least $10,000, to be used consistent with the statutory program purpose areas specified in section 101(a)(2).

______City of Charleston has indicated that it intends to distribute its Local Law Enforcement Block Grants funds under the following purpose area(s):

______(1a) Law Enforcement Hiring

______(1b) Law Enforcement Overtime

______(1c) Law Enforcement Equipment

______(2) Enhancing Security

______NC/NCP

No member of the public expressed a desire to speak for or against this proposed grant application. The Mayor declared this public hearing concluded.

There were no questions from Council.

On motion of Councilmember Evans, seconded by Councilmember Washington, City Council voted to approve the application for the Federal Block Grant for the School Liaison Program under the local Law Enforcement Block Grant.

Next on the agenda was the approval of the minutes of City Council's November 26, 1996, December 3, and December 10, 1996 meetings. The minutes were approved as published on motion of Councilmember Evans.

The Citizen Participation Period followed. No one wished to address City Council. The Mayor declared the Citizen Participation Period concluded.

During the Petitions and Communications portion of the meeting, Council considered the following matters.

The first matter was a request from Dan Dickison, Director of Public Relations for Kiawah Island, to use the original City Seal for the next year's issue of Legends magazine. Mr. Dickison had explained in his correspondence that Carol Caldwell, a contributor to Legends, had written an article that makes mention of the original seal of the City and he was asking to

use a likeness of the seal to accompany her article.

On motion of Councilmember Thomas, seconded by Councilmember Evans, Council voted to allow Kiawah Island to use a likeness of the City Seal in the publication, Legends.

The next matter before Council was the appointment of the new Director of the Department of Economic Development, John J. Tecklenburg. Council was in receipt of the following memorandum from Mayor Riley:

MEMORANDUM

TO: Charleston City Council

FROM: Joseph P. Riley, Jr., Mayor

DATE: December 13, 1996

SUBJECT: Director, Department of Economic Development

I am very pleased to recommend to you to succeed Lawrence O. Thompson as the Director of the Department of Economic Development, John J. Tecklenburg. I have enclosed a copy of Mr. Tecklenburg's resume. I am sure all of you know John as he has been a very active and successful business and civic leader in our community.

A number of splendid and well qualified people applied for this position and the decision was not easy.

Mr. Tecklenburg brings to this position great experience in the private sector which I think is a distinct advantage for the Director of Economic Development. Of all the city departments, this is the one that most directly interfaces with the private business community. Mr. Tecklenburg has successfully owned and run two businesses and will bring that great experience to the City of Charleston. Also, being a Charlestonian he understands our city and the opportunities and challenges that we face as we continue the revitalization of our center city as well as seek to bring new businesses and job opportunities to all sections of Charleston.

John Tecklenburg has been very involved in his community and this is a distinct advantage for us as well. He has been chairman of the Charleston Interfaith Crisis Ministry and very active in a wide range of community activities from the Rotary Club to the United Negro College Fund. John is a leader and he has wonderful people skills. I know each of you will enjoy the opportunity of working with him and that the citizens of our city will benefit greatly from his service as Director of the Department of Economic Development.

I propose that Mr. Tecklenburg's salary be $62,500.

John J. Tecklenburg

151 Moultrie St. Charleston, SC 29403

Education:

Orangeburg-Wilkinson High School, Orangeburg, S.C.-graduated 1973

Georgetown University, Washington, D.C. -graduated 1977 B.S.-Chemistry

Berklee College of Music, Boston, Ma. -1978 (one year study of jazz piano)

Employment:

Southern Lubricants, Inc., Columbia, S.C. 1978-83 Owned, served as Pres.-sold business in 1985.

Southern Oil Co., Inc., Charleston, S.C. 1983-96 Started and owned, served as Pres.-sold business in 1995.

Boards and Community Service:

Leadership South Carolina-Class of 1983

South Carolina Coastal Conservation League-Board member 1993-present

Charleston Interfaith Crisis Ministry-Board member 1990-1996 President for 2 years.

Charleston Interfaith Advisory Council-1996-present

Palmetto Project-Board member and officer-1988-1995

Charleston County Human Services Commission-Board member and officer-1985-91

Charleston Chamber of Commerce-Public Affairs Committee

Rotary Club of Charleston-Board Member-1993-1996

M.U.S.C. President's Advisory Council-1995

Numerous fund-raising committees for various organizations

Personal:

Married to Sandy P. Tecklenburg, five children (Melissa, Suzanne, Paula, Joseph, and John-Henry.) Active member of St. John the Baptist Cathedral parish. Enjoy time with family, music, reading, outdoors and water sports.

Mayor Riley introduced Mr. Tecklenburg. The Mayor said the City was so fortunate to benefit from having the interest and service of someone of Mr. Tecklenburg's experience and ability.

On motion of Councilmember Evans, seconded by Councilmember Thomas, Council voted to accept the Mayor's recommendation to hire John Tecklenburg in the position of

Director of the Department of Economic Development at a salary of $62,500.

The Mayor commented on the tremendous job that Lawrence O. Thompson had done for the City. He felt fortunate to have Mr. Tecklenburg succeeding him. He commented that no one could replace Mr. Thompson. The Mayor said it was impossible to adequately thank Mr. Thompson. He referred to the enormous regeneration of the center City, the marvelous expansion of upper King Street, the Mikasa plant on Daniel Island, and a host of initiatives. He said Mr. Thompson not only gave his time and energy, but he had such a wonderful gift of understanding the City, all components of it. He told Mr. Thompson the City "gives its deepest thanks and best wishes for continued success". An extended round of applause followed.

Council was in receipt of the following Memorandum of Understanding (MOU) regarding Albemarle Road:

ALBERMARLE ROAD MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding, between the City of Charleston (hereinafter referred to as the "City") and Porter-Gaud School (hereinafter referred to as the "School"), states the intentions of the parties that certain events occur regarding Albermarle Road in the specific order and as listed in this document; one step being contingent upon the other.

WHEREAS, for several years Porter-Gaud School has existed on Albermarle Road; and

WHEREAS, Albermarle Road serves as the only ingress and egress to the school and the neighborhood that surrounds the school, namely, Albermarle Point Subdivision. During the school year traffic congestion arises, as result of normal school activities, including class schedules and extracurricular events, that creates discomfort for the residents in neighborhoods surrounding the school as well as those students and families participating in school events; and

WHEREAS, Albermarle Road runs through the middle of the school's campus which, in addition to traffic problems, poses safety problems for students and residents alike; and

WHEREAS, Porter-Gaud has proposed to construct a new road that will bypass the school thereby giving residents easier access to their neighborhood in turn allowing the City to abandon Albermarle Road to the School to unify its campus; and

WHEREAS, the City is intent to do all within its power to ensure the peaceful and safe co-existence of both the school and the surrounding neighborhoods.

NOW, THEREFORE, the parties commemorate their understanding as follows:

1) The South Carolina Department of Transportation will abandon the pertinent portion of Albermarle Road, which bisects the campus, to the City of Charleston;

2) The City of Charleston will accept such portion of Albermarle Road into its street system;

3) Porter-Gaud will construct a new road, built in accordance with City standards, inclusive of city sidewalk requirements, that will intersect with existing Albermarle

Road where it meets Merritt Road and extend to the south and west around the perimeter of the School's playground and sports facilities providing ingress and egress to the Albermarle Point Subdivision and providing sufficient buffer between the new road and The Crescent Subdivision;

4) Once the new road is completed to City standards it will be deeded to the City of Charleston and dedicated to public use as a street to provide ingress and egress to Albermarle Point Subdivision for use in conjunction with the general public as part of the City street system. In turn, the City of Charleston will abandon and quitclaim to Porter-Gaud School that part of Albermarle Road beginning at the junction with Merritt Road and running southeast through its present campus.

WHEREFORE, the parties hereby acknowledge this memorandum of understanding as their respective intentions regarding this project and as evidence of their acknowledgment sign this memorandum.

CITY OF CHARLESTON

JOSEPH P. RILEY, JR., Mayor City of Charleston

GORDON BONDURANT, Headmaster Porter-Gaud School

This MOU supercedes the MOU regarding Albemarle Road dated October 29, 1996 and contains nonsubstantive changes for more precise wording.

On motion of Councilmember Evans, seconded by Councilmember Lewis, Council voted to approve the Memorandum of Understanding with Porter-Gaud School regarding Albemarle Road.

On motion of Councilmember Hart, seconded by Councilmember Thomas, Council accepted twenty-two (22) bills for first reading regarding annexations.

The first two bills provided corrections to Ordinances 1996-254 and 1996-251 and the remaining twenty (20) bills provided for annexations on James Island.

The correcting bills are as follows:

1) Providing for the correction of Ordinance 1996-254, ratified by City Council December 10, 1996, by changing TMS# 425-16-00-118 to TMS# 425-12-00-118 as the proper TMS designation.

2) Providing for the correction of Ordinance 1996-251, ratified by City Council December 10, 1996, by changing 2888 Doncaster Road to 2888 Doncaster Drive (TMS# 358-10-00-107) as the proper address designation of property annexed into the city.

When Councilmember Shirley briefly questioned whether or not this Doncaster Drive was located in Hickory Hill subdivision, West of the Ashley, the Clerk replied affirmatively.

The following list of properties requested annexation into the City of Charleston:

3) 2107 St. James Drive (0.25 acres) (TMS# 343-02-00-088), James Island

4) 505 Kell Place (0.25 acres) (TMS# 343-14-00-012),James Island

5) 2167 Wappoo Road (0.25 acres) (TMS# 343-06-00-170 AND 171), James Island

6) Property known as property located on Maybank Highway behind James Island Shopping Center (22.24 acres) (TMS# 424-00-00-001), James Island,

7) 1078 Honeysuckle Lane (0.25 acres) (TMS# 425-16-00-042), James Island,

8) 1312 Honeysuckle Lane (0.25 acres) (TMS# 425-16-00-111), James Island

9) 1311 Camp Road (0.25 acres) (TMS 425-16-00-116), James Island,

10) 1305 Driftwood Drive (0.25 acres) (TMS# 25-16-00-075 James Island,

11) 1304 Honeysuckle Lane (0.25 acres) (TMS# 425-16-00-109), James Island,

12) 1162 Landsdowne Drive (0.25 acres) (TMS# 425-15-00-022), James Island,

13) 1247 Oakcrest Drive (0.25 acres) (TMS# 425-14-00-035), James Island,

14) 1077 Harborview road (0.25 acres) (TMS# 426-11-00-026), James Island,

15) 842 Centerwood Drive (0.25 acres) (TMS# 425-02-00-032), James Island,

16) 1132 Harborview Road (0.25 acres) (TMS# 426-03-00-059), James Island,

17) 694 Fort Sumter Drive (0.5 acres) (TMS# 426-03-00-060), James Island,

18) 686 Fort Sumter drive (0.63 acres) (TMS# 426-03-00-061), James Island,

19) 1074 Fort Sumter Drive (0.25 acres) (TMS# 426-03-00-026), James Island,

20) 1089 Harborview Road (0.25 acres) (TMS# 426-11-00-027), James Island, 21) 627 Seaward Drive (0.25 acres) (TMS# 452-06-00-043), James Island,

22) Properties located on James Island, in Charleston County described as follows: 1231, 1239, and 1260 Oakcrest Drive; 2271 Burris Drive; 1227 and 1235 Downer Drive (5.5 acres) (TMS# 425-14-00-031, 033, 041, 058, 065, 066 and 067)

Council was in receipt of the following Annexation Summary Report:

CITY COUNCIL DECEMBER 17, 1996

ANNEXATION SUMMARY

Notes:

€ Properties to be annexed on James Island are located in the Lawton Bluff, Farmington, Oakcrest, Centerville, General Lee Estates, Riverland Terrace and Lighthouse Point subdivisions

Summary of 1996 Annexations

|James |Johns |W est Ashley |Total |Island |Island | | | | | | ______Population |319 |5 |228 |552 | | | | ______

Housing |139 |2 |73 |214 Units | | | | ______Value of |$17,682,100 |$185,000 |$6,501,300 |$24,368,400 Property | | | |

The City is currently in receipt of almost 200 annexation petitions from James Island that are expected to be brought to City Council in the near future.

Councilmember Thomas moved that the twenty-two bills receive first reading. The motion was seconded by Councilmember Evans and carried unanimously.

First reading was given to the following bills:

AN ORDINANCE TO PROVIDE FOR THE CORRECTION OF ORDINANCE 1996-254, RATIFIED BY CITY COUNCIL DECEMBER 10, 1996, BY CHANGING TMS# 425-16-00-118 TO TMS# 425-12-00-118 AS THE PROPER TMS DESIGNATION OF PROPERTY ANNEXED INTO THE CITY.

AN ORDINANCE TO PROVIDE FOR THE CORRECTION OF ORDINANCE 1996-251, RATIFIED BY CITY COUNCIL DECEMBER 10, 1996, BY CHANGING 2888 DONCASTER ROAD TO 2888 DONCASTER DRIVE (TMS# 358-10-00-107) AS THE PROPER ADDRESS DESIGNATION OF PROPERTY ANNEXED INTO THE CITY.

AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF PROPERTY KNOWN AS 2107 ST. JAMES DRIVE (0.25 ACRES) (TMS# 343-02-00-088), JAMES ISLAND, CHARLESTON COUNTY, TO THE CITY OF CHARLESTON AND MAKE IT PART OF DISTRICT 12.

AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF PROPERTY KNOWN AS 505 KELL PLACE (0.25 ACRES) (TMS# 343-14-00-012), JAMES ISLAND, CHARLESTON COUNTY, TO THE CITY OF CHARLESTON AND MAKE IT PART OF DISTRICT 11.

AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF PROPERTY KNOWN AS 2167 WAPPOO ROAD (0.25 ACRES) (TMS# 343-06-00-170 AND 171), JAMES ISLAND, CHARLESTON COUNTY, TO THE CITY OF CHARLESTON AND MAKE IT PART OF DISTRICT 12.

AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF PROPERTY KNOWN AS PROPERTY LOCATED ON MAYBANK HIGHWAY BEHIND JAMES ISLAND SHOPPING CENTER (22.24 ACRES) (TMS# 424-00-00-001), JAMES ISLAND, CHARLESTON COUNTY, TO THE CITY OF CHARLESTON AND MAKE IT PART OF DISTRICT 12.

AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF PROPERTY KNOWN AS 1078 HONEYSUCKLE LANE (0.25 ACRES) (TMS# 425-16-00-042), JAMES ISLAND, CHARLESTON COUNTY, TO THE CITY OF CHARLESTON AND MAKE IT PART OF

DISTRICT 12.

AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF PROPERTY KNOWN AS 1312 HONEYSUCKLE LANE (0.25 ACRES) (TMS# 425-16-00-111), JAMES ISLAND, CHARLESTON COUNTY, TO THE CITY OF CHARLESTON AND MAKE IT PART OF DISTRICT 12.

AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF PROPERTY KNOWN AS 1311 CAMP ROAD (0.25 ACRES) (TMS# 425-16-00-116), JAMES ISLAND, CHARLESTON COUNTY, TO THE CITY OF CHARLESTON AND MAKE IT PART OF DISTRICT 12.

AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF PROPERTY KNOWN AS 1305 DRIFTWOOD DRIVE (0.25 ACRES) (TMS# 425-16-00-075), JAMES ISLAND, CHARLESTON COUNTY, TO THE CITY OF CHARLESTON AND MAKE IT PART OF DISTRICT 12.

AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF PROPERTY KNOWN AS 1304 HONEYSUCKLE LANE (0.25 ACRES) (TMS# 425-16-00-109), JAMES ISLAND, CHARLESTON COUNTY, TO THE CITY OF CHARLESTON AND MAKE IT PART OF DISTRICT 12.

AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF PROPERTY KNOWN AS 1162 LANDSDOWNE DRIVE (0.25 ACRES) (TMS# 425-15-00-022), JAMES ISLAND, CHARLESTON COUNTY, TO THE CITY OF CHARLESTON AND MAKE IT PART OF DISTRICT 12.

AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF PROPERTY KNOWN AS 1247 OAKCREST DRIVE (0.25 ACRES) (TMS# 425-14-00-035), JAMES ISLAND, CHARLESTON COUNTY, TO THE CITY OF CHARLESTON AND MAKE IT PART OF DISTRICT 12.

AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF PROPERTY KNOWN AS 1077 HARBORVIEW ROAD (0.25 ACRES) (TMS# 426-11-00-026), JAMES ISLAND, CHARLESTON COUNTY, TO THE CITY OF CHARLESTON AND MAKE IT PART OF DISTRICT 12.

AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF PROPERTY KNOWN AS 842 CENTERWOOD DRIVE (0.25 ACRES) (TMS# 425-02-00-032), JAMES ISLAND, CHARLESTON COUNTY, TO THE CITY OF CHARLESTON AND MAKE IT PART OF DISTRICT 12.

AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF PROPERTY KNOWN AS 1132 HARBORVIEW ROAD (0.25 ACRES) (TMS# 426-03-00-059), JAMES ISLAND, CHARLESTON COUNTY, TO THE CITY OF CHARLESTON AND MAKE IT PART OF DISTRICT 12.

AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF PROPERTY KNOWN AS 694 FORT SUMTER DRIVE (0.5 ACRES) (TMS# 426-03-00-060), JAMES ISLAND, CHARLESTON COUNTY, TO THE CITY OF CHARLESTON AND MAKE IT PART OF DISTRICT 12.

AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF PROPERTY KNOWN AS 686 FORT SUMTER DRIVE (0.63 ACRES) (TMS# 426-03-00-061), JAMES ISLAND, CHARLESTON COUNTY, TO THE CITY OF CHARLESTON AND MAKE IT PART OF DISTRICT 12.

AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF PROPERTY KNOWN AS 1074 FORT SUMTER DRIVE (0.25 ACRES) (TMS# 426-03-00-026), JAMES ISLAND, CHARLESTON COUNTY, TO THE CITY OF CHARLESTON AND MAKE IT PART OF DISTRICT 12.

AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF PROPERTY KNOWN AS 1089 HARBORVIEW ROAD (0.25 ACRES) (TMS# 426-11-00-027), JAMES ISLAND, CHARLESTON COUNTY, TO THE CITY OF CHARLESTON AND MAKE IT PART OF DISTRICT 12.

AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF PROPERTY KNOWN AS 627 SEAWARD DRIVE (0.25 ACRES) (TMS# 452-06-00-043), JAMES ISLAND, CHARLESTON COUNTY, TO THE CITY OF CHARLESTON AND MAKE IT PART OF DISTRICT 12.

AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF PROPERTIES LOCATED ON JAMES ISLAND, IN CHARLESTON COUNTY DESCRIBED AS FOLLOWS: 1231, 1239, AND 1260 OAKCREST DRIVE; 2271 BURRIS DRIVE; 1227 AND 1235 DOWNER DRIVE (5.5 ACRES) (TMS# 425-14-00-031, 033, 041, 058, 065, 066 AND 067), AND ALL PUBLIC WATERS AND MARSHES, AND RIGHTS-OF-WAY, TO THE CITY OF CHARLESTON AND TO MAKE THE SAME A PART OF DISTRICT 12.

Mayor Riley, noting the twenty-two (22) bills had received first reading, asked Council to consider a special meeting prior to the end of the year so that final reading could be given to these bills to annex them into the City prior to the end of the year. Council agreed and by unanimous consent voted to hold a special meeting on Monday, December 23, 1996.

The Mayor then directed the Clerk to contact members of Council prior to the special meeting to ascertain a quorum.

Council then considered the report of the Committee on Human Resources. The Committee had met December 12, and December 16, 1996. Council was in receipt of the following report:

The Committee on Human Resources Reports: 12/12/96

TO THE MAYOR AND COUNCILMEMBERS,

THE CITY COUNCIL OF CHARLESTON:

The Committee on Human Resources recommends that City Council act on the following matter as stated below:

The transfer of $300,000 from the Insurance Reserve Fund to the General Fund: The Committee recommends that City Council does not approve the transfer of funds from the

Insurance Reserve Fund to the General Fund until this Committee determines the amount of the health insurance claims aggregate stop loss.

JEROME KINLOCH, Chair MAURICE G. WASHINGTON GREG S. HART LOUIS WARING

James Etheredge, Director of Administrative Services, reported the Committee on Human Resources had voted at the December 12th meeting, at which a quorum had been present, to provide that the insurance reserve fund be retained. Mr. Etheredge noted that two sources had been identified in the budget and those were included in the amendment before Council in the Bills Up for Second Reading portion of the agenda.

He stated $200,000 would come from the South Carolina Electric and Gas (SCE&G) Franchise Agreement. He said the budget had contained less than the City expected to receive because of the underground lighting program. The City was given the authority to use that beginning in January 1998. Therefore, the growth that had not been budgeted could be budgeted in 1997.

He said the business license revenue had been budgeted very, very conservatively. The additional $100,000 will come from this funding source. Mr. Etheredge went on to say this will be a "reasonable and doable way to make up the difference".

When Councilmember Thomas asked Mr. Etheredge to repeat where the $100,000 would come from, Mr. Etheredge replied the business license revenue had been increased. When Councilmember Thomas asked if Council would be voting on this matter at this meeting, Mr. Etheredge replied affirmatively, saying it was included in the amendment.

Mayor Riley commented the Excellence in Government team had recommended through efficiencies and collection improvements can be made to allow for the rise in estimates in terms of business license revenue.

Councilmember Hart said he understood, as stated by the City's insurance agent at the December 16th Human Resources meeting, the aggregate stop loss would "kick in this year" and the City would be receiving funds back from this source. He noted the agent had estimated an excess of $100,000 for those funds.

Mr. Etheredge confirmed the agent had projected an approximate $100,000. He went on to say the agent had been hesitant to go far out on a limb to determine what would happen with the City's aggregate stop loss.

Councilmember Washington said the Human Resources Committee had agreed to convey to the City any excess in savings for the purpose of offsetting overruns from the general budget. Councilmember Hart noted he did not recall hearing that the $100,000 would come from business license fees. He thought Mr. Cooper (the insurance agent) felt positive the insurance aggregate would be at least $100,000 and might be as much as $200,000. Councilmember Hart said he was under the impression this revenue would be used to replace the remaining $100,000 in the Insurance Reserve Fund.

Mr. Etheredge said he had not been under that impression and said he felt Council, on the side of caution, should not cut this so close. He preferred to try to budget to meet the City's expected expenditures rather than on a proposition that may or may not come true.

Councilmember Hart asked for a meeting of the Committee on Human Resources at the time that the rebate of the aggregate stop loss is determined so a discussion can be held as to whether that money should go into the Insurance Reserve Fund.

On motion of Councilmember Washington, seconded by Councilmember Shirley, Council adopted the Report of the Committee on Human Resources.

The vote was not unanimous. Councilmember Ader did not vote on this matter because she did not attend the meetings due to a scheduling conflict.

Council next considered the Report of the Committee on Ways and Means:

The Committee on Ways and Means Reports: 12/17/96

TO THE MAYOR AND COUNCILMEMBERS,

THE CITY COUNCIL OF CHARLESTON:

The Committee on Ways and Means recommends that City Council act on each of the following matters as stated below:

1.) SURVEY OF ALBEMARLE POINT SPOIL DISPOSAL SITE ADJACENT TO ROBERT SCARBOROUGH BRIDGE - $6,000 - ACCOUNT #310-52Y2: The Committee unanimously recommends City Council approve, and authorize the Mayor to sign, the proposal from Forsberg Engineering and Surveying, Inc. to provide a survey and a recordable plat. This survey is necessary to define the residual lands not required by the State of South Carolina as right-of-way for the James Island connector crossing Albemarle Point. This residual land is being obtained in a "Land Swap" between the City and the State of South Carolina. The City will receive this tract for lands it currently owns near the South Carolina Department of Highways and Public Transportation (SCDOT) office on Fain Street in North Charleston. Line item #310-52Y2, Engineering Professional Services, will be charged for this activity. The funding source is line item #755-52A9. 2.) 92-0013 AGREEMENT FOR CONSTRUCTION OF DRAINAGE IMPROVEMENTS FOR DIVISION II, EAST BAY/CALHOUN STREET DRAINAGE PROJECT - $3,659,091 - ACCOUNT #DF-DO1-542Q: The Committee recommends City Council approve, and authorize the Mayor to sign, a contract with the low bidder, Chandler Utility Contractors, Inc., in the amount of $3,659,091.00, for construction of drainage improvements for Division II, East Bay/Calhoun Street Drainage Project. Funds for this project will come from the Drainage Fund, line item #DF-DO1-542Q.

The vote was not unanimous with the Chair voting "Nay".

3.) CAMDEN TOWER RESTORATION - $112,800 - ACCOUNT #CT-TOW -544T: The Committee unanimously recommends City Council approve, and authorize the Mayor to sign, a contract with the low bidder, Huss, Inc., in the amount of $112,800.00 ($96,300.00 for the base bid and $16,500.00 for three alternates). This work includes masonry and stucco restoration and

reroofing of the two towers. Funds will come from account #CT-TOW -544T.

4.) HUTSON STREET IMPROVEMENTS - $30,082.59 - FUNDS WILL INITIALLY COME FROM THE STREETSCAPE ACCOUNT AND BE REIMBURSED WITH PROCEEDS FROM THE GATEWAY TAX INCREMENT DISTRICT: The Committee unanimously recommends City Council approve payment of an invoice for South Carolina Electric and Gas in the amount of $30,082.59 to complete their underg round wiring work on Hutson Street once the library moves to its new location on Calhoun Street. Foundations and conduits for twelve (12) street lights have already been installed.

A portion of the north side of Hutson Street was completed as part of the Camden Exchange Project including raised granite curbs, concrete sidewalks, 5 Palmetto trees and 3 ornamental streetlights. The remainder of the north side of Hutson Street; from the garage to King Street and from the garage to Meeting Street requires similar improvements. Granite curbs must be raised and new sidewalks poured before Palm trees can be planted and street lights set.

This work will be accomplished by City of Charleston and South Carolina Electric and Gas crews. The budget price for raising 430 ft. of curbs, pouring 430 ft. of concrete sidewalks, building 13 tree wells, and planting 13 trees is $30,000.00. With the invoice from South Carolina Electric and Gas of $30,082.59 for the twelve (12) street lights, the total project estimate is $60,100.00. Funds for this project will initially come from the Streetscape account and be reimbursed with proceeds from the Gateway Tax Increment District.

5.) JOSEPH P. RILEY, JR. PARK (FORMERLY CHARLESTON BASEBALL PARK): WASTE WATER IMPACT FEES - $73,830 - ACCOUNT #CO-CBP-5419: The Committee unanimously recommends City Council approve the waste water impact fees, in the amount of $73,830.00, to be paid to the Commissioners of Public Works for the Joseph P. Riley, Jr. Baseball Park. Funds will come from account #CO-CBP-5419.

6.) JOSEPH P. RILEY, JR. PARK (FORMERLY CHARLESTON BASEBALL PARK): CHANGE ORDER #2 - MCDEVITT STREET BOVIS - $200,395 (NET INCREASE) - ACCOUNT CO-CBP-5419: The Committee recommends City Council approve, and authorize the Mayor to sign, Change Order #2 with McDevitt Street Bovis for the construction of the Joseph P. Riley, Jr. Park.

The Change Order includes the following proposed adjustments to McDevitt Street Bovis's contract:

PCO #2A & B: As a result of a Value Engineering review, several savings to the plumbing, HVAC, electrical, lighting and fire protection systems were found. The Architects and Engineers have reviewed the changes and have agreed to a number of them. Credit ($22,046.00)

PCO #2C: A sewage lift station is required in order to pump the waste from the Baseball Park. This requirement was not part of the contract and is required for the operation of the stadium. Adding this work to the McDevitt Street Bovis contract will be a most timely and cost effective way to have this lift station installed. Cost $201,960.00

PCO #2D: During the course of construction additional steel beams and plates were required to properly support the precast concrete and the canopy. The Architects and

Engineers agree that the additional steel work was required and was not part of the contract plans and specifications. Cost $10,801.00

PCO #2E: Provide over-seeding of the playing field sod. In order for the sod to be ready for the first game in the spring, the over-seeding needed to be completed in the fall. Cost $9,680.00

This Change Order has a net increase of $200,395.00 with no additional time. Due to the reimbursement for item 2C by CPW of $201,960.000, this Change Order will not result in a net change to the project costs. Funds for this work will come from account #CO-CBP-5419.

The vote was not unanimous with Councilmember Hart voting "Nay".

7.) SOUTH CAROLINA AQUARIUM: CHANGE ORDER #6 - ELLIS DON - $2,606 (INCREASE) - ACCOUNT #MS-HD1-5M32: The Committee unanimously recommends City Council approve, and authorize the Mayor to sign, Change Order #6 with Ellis Don for the construction of the South Carolina Aquarium.

The Change Order includes the following proposed adjustments to Ellis Don's contract: PCO #8031: This amount covers improvements and modifications to the underground utilities to conform to latest recommendations from utility companies and the civil engineer. The work was requested by Eskew Filson Architects' RFP No. EFA 1. Adds $585.

PCO #8033: Covers a revision to the Stone Flooring Layout as requested by Eskew Filson Architects' ASI No. 6 in response to Ellis Dons' RFI No. 8. Adds $1,570.

PCO #8037: This credit to the Owner reflects the elimination of an unnecessary sump pit. Deducts .

PCO #8043: This amount covers the cost for protecting the silt curtain by removal and re-installation in preparation for Hurricane Fran, as directed by Rhodes/Dahl after consulting with the Landlord (NPS). Adds $2,524.

PCO #8046: This "no cost" PCO is a change in contract language, allowing for the use of the approved 20% Fly-Ash concrete mix at water retaining structures.

This Change Order nets an increase of $2,606.00. Funds for this work will come from the South Carolina Aquarium Budget for construction, account #MS-HD1-5M32.

8.) ASHLEY RIVERWALK PHASE II: ISTEA GRANT - $100,000 ($80,000 FROM SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION; $20,000 FROM THE CITY OF CHARLESTON): The Committee unanimously recommends City Council approve, and authorize the Mayor to sign, the ISTEA Grant for the Ashley Riverwalk Phase II. Phase II consists of the design and construction of a 10' wide sidewalk from Brittlebank Park to the existing pedestrian walk on the North Ashley River Bridge and a small boardwalk into the river. This grant is for $100,000 - $80,000 supplied by the South Carolina Department of Transportation and $20,000 from the City of Charleston. The City's share will come from account #SR-ARW -5419.

9.) EXPENDITURE OF FUNDS FOR DEMOLITION OF 194-1/2 LINE STREET AND 7 SHORT STREET - $7,500 - ACCOUNT #CD-ADM-525P: The Committee unanimously recommends City Council approve the expenditure of funds for the demolition of 194-1/2 Line Street, in the amount of $3,000 and 7 Short Street, in the amount of $4,500 for a total of $7,500. Funds will come from account #CD-ADM-525P.

10.) DONATION FROM NORFOLK SOUTHERN RAILROAD: The Committee, based on the recommendations of the Committee on Real Estate, unanimously recommends City Council approve the donation of two boxcars from Norfolk Southern Railroad to the South Carolina Railroad Museum.

11.) UPDATE ON CANTERBURY HOUSE EXPANSION: The Committee, based on the recommendations of the Committee on Real Estate, unanimously recommends City Council approve the concept of transferring land in a land swap with the Canterbury House.

MAURICE WASHINGTON, Chair RICHARD C. HAGERTY, M.D. JAMES LEWIS, JR. YVONNE D. EVANS LARRY SHIRLEY GREG HART JOHN D. THOMAS, M.D. JOSEPH P. RILEY, JR., Mayor

On motion of Councilmember Washington, and without objection, the East Bay/Calhoun Street Drainage Project was divided from the issue,

Councilmember Washington wanted to clarify his nay vote on the East Bay/Calhoun Street Drainage Project at the meeting of the Committee on Ways and Means earlier this date. He commended Laura Cabiness, City Engineer, and her staff on the fine job they have done. However, he was concerned about the stormwater pipeline and the difference in cost, noting the range of $1.3 million submitted by the successful bidder versus the $2.8, $2.5, and $2.6 million submitted by the other three bidders which are within ten percent of each other.

Councilmember Washington went on to say he understood the cost of transporting hazardous material and contaminants ranges from $35.00 to $45.00 per ton. He did not see how the $1.3 million bid would be enough to deal with the problem. He was also concerned that he did not receive a copy of the agreement so he could review it for answers. He said he had spoken with some of the contractors, and each of them felt the City might experience savings on the outfall structure through value engineering. Their concept and approach is a little different from that of engineers.

Councilmember Washington felt it would be in the City's best interest to request this be done on the front end. If there is a possible savings in the outfall structure, he felt it would be worthwhile for the City to take a look at it. He recommended and requested that Council ask that of the City's engineering division.

Councilmember Washington also noted the successful bidder had failed to receive a cost from Pinewood (hazardous waste plant near Columbia, SC). He said that cost is not factored in, and that cost had been explored this date. He suggested change orders may be forthcoming in the future. He wanted to protect the City on the total bid from Chandler Utility

Contractors, Inc. in the amount of $3.6 million.

When Councilmember Thomas asked if the contractors are bonded, Ms. Cabiness replied affirmatively, saying the contract requires them to provide a bid bond. It also requires them provide a payment bond for the full value of the project.

Councilmember Thomas asked if this company had forfeited in the past. Ms. Cabiness replied she did not have knowledge of any forfeiture. She said the City's engineering consultant is familiar with this company and has previous experience working with them.

Councilmember Hart asked if the $3,659,091 was the total amount for the project. Ms. Cabiness replied the contractor had given a lump sum price for the contract. Like any construction contract, if there is any change made, a change order will be required for anything that was unforeseen in the original contract. She went on to say this is a valid bid for all the work represented in the drawings.

When Councilmember Hart asked if waste disposal was included in the original contract, Ms. Cabiness replied affirmatively.

On motion of Councilmember Hart, seconded by Councilmember Thomas, Council then voted to approve the expenditure for the East Bay/Calhoun Street Drainage Project.

The vote was not unanimous. Councilmember Washington voted nay.

Council then voted by unanimous consent to adopt the balance of the Report of the Committee on Ways and Means.

Next, Council considered the following Report of the Committee on Public Works and Utilities

The Committee on Public Works and Utilities reports: 12/17/96

TO THE MAYOR AND COUNCILMEMBERS,

THE CITY COUNCIL OF CHARLESTON:

The Committee on Public Works and Utilities recommends that City Council:

a.) accept the following adjustments in these permit fee schedules;

b.) and utilize the Southern Building Code Congress Valuation Data as follows:

The building valuation data is available in the Building Department. A Copy is available in the Office of the Clerk of Council.

for the other types of new construction projects and additions, with the exception of single-family dwellings, as a minimum amount of valuation.

(1 Remainder of schedule unchanged)

(2 Average construction of a single-family dwelling)

MAYOR JOSEPH P. RILEY JR., Chair DR. RICHARD C. HAGERTY MD GREG S. HART

The Mayor had chaired the meeting due to the absence of the Chair, who was ill. He moved for the adoption of the Report of the Committee on Ways and Means. The motion was seconded by Councilmember Evans and carried unanimously.

Consideration was given to the matter of giving second reading to twenty-one (21) bills up for second reading:

The Clerk informed Council one bill, namely, rezoning Lot 1, Block A Fleming Road (.33 acre) (TMS# 424-04-00-001) from Diverse Residential (DR-1F) classification to Limited Business (LB) classification, had inadvertently been placed on the agenda. This request was denied by Council at the December 3, 1996 meeting.

An addendum to the agenda showing the corrected list of Bills up for Second Reading had been placed on the Councilmembers' desk.

The Mayor noted action was deferred on one (1) of the bills, namely:

the bill authorizing the Mayor to execute on behalf of the City of Charleston the documents necessary to transfer to the Historic Charleston Foundation that certain piece of property owned by the City, containing 1.00 acres, more or less, situate, lying and being on James Island, Charleston County, South Carolina, more fully shown on a plat entitled "Plat of the Subdivision of Tract Two to create lot Two-1 (1.00 ac)" prepared by George A.Z. Johnson, Jr., Inc., dated October 11, 1993, recorded in the RMC Office for Charleston County in Plat Book CO, Page 188, the said tract having such size, shape, dimensions, buttings and boundings, more or less, as will by reference to said plat more fully appear and bearing TMS# No. 424-01-00-00-002.

On motion of Councilmember Hart, the bill pertaining to amending the Business License Ordinance was separated from the issue.

There was some brief further discussion, and Councilmember Hart asked for the two budget bills to be separated from the issue.

Without objection, the two (2) bills regarding the budget, namely, (1) the bill to make appropriations to meet the liabilities of the City of Charleston for the fiscal year ending December 31, 1997, (As amended) and (2) the bill to raise funds for the fiscal year ending December 31, 1997, and to meet the appropriation of $72,245,586 authorized by ordinance ratified December ______, 1996. (As amended), were separated from the issue.

The remaining seventeen bills received second reading on motion of Councilmember Ader. They passed second reading on motion of Councilmember Thomas and third reading on motion of Councilmember Lewis. On the further motion of Councilmember Evans, the rules were suspended and the seventeen bills were immediately ratified as:

Ratification Number 1996-256

AN ORDINANCE

TO AMEND THE ZONING ORDINANCE OF THE CITY OF CHARLESTON CHANGING THE ZONE MAP, WHICH IS PART THEREOF, SO THAT 747 LONGBRANCH DRIVE (0.25 ACRE) (TMS# 310-01-00-120), ANNEXED INTO THE CITY OF CHARLESTON AUGUST 20, 1996 (#1996-149), BE ZONED SINGLE-FAMILY RESIDENTIAL (SR-1) CLASSIFICATION.

BE IT ORDAINED BY THE MAYOR AND COUNCILMEMBERS OF CHARLESTON, IN CITY COUNCIL ASSEMBLED:

Section 1. That the Zoning Ordinance of the City of Charleston be, and the same hereby is amended, by changing the zone map thereof so that the below described property shall become a part thereof:

747 Longbranch Drive (0.25 acre) (TMS# 310-01-00-120)

Section 2. That the said parcel of land described above shall be zoned Single-Family Residential (SR-1) classification.

Section 3 This Ordinance shall become effective upon ratification.

Ratification Number 1996-257

AN ORDINANCE

TO AMEND THE ZONING ORDINANCE OF THE CITY OF CHARLESTON CHANGING THE ZONE MAP, WHICH IS PART THEREOF, SO THAT 738 WEXFORD ROAD (0.25 ACRES) (TMS# 310-01-00-152), ANNEXED INTO THE CITY OF CHARLESTON AUGUST 20, 1996 (#1996-150), BE ZONED SINGLE-FAMILY RESIDENTIAL (SR-1) CLASSIFICATION.

BE IT ORDAINED BY THE MAYOR AND COUNCILMEMBERS OF CHARLESTON, IN CITY COUNCIL ASSEMBLED:

Section 1. That the Zoning Ordinance of the City of Charleston be, and the same hereby is amended, by changing the zone map thereof so that the below described property shall become a part thereof:

738 Wexford Road (0.25 acre) (TMS# 310-01-00-152)

Section 2. That the said parcel of land described above shall be zoned Single-Family Residential (SR-1) classification.

Section 3. This Ordinance shall become effective upon ratification.

Ratification Number 1996-258

AN ORDINANCE

TO AMEND THE ZONING ORDINANCE OF THE CITY OF CHARLESTON CHANGING THE ZONE MAP, WHICH IS PART THEREOF, SO THAT 1941 BOEING AVENUE (0.25 ACRE) (TMS# 350-13-00-006), ANNEXED INTO THE CITY OF CHARLESTON AUGUST 20, 1996 (#1996-151), BE ZONED SINGLE-FAMILY RESIDENTIAL (SR-1) CLASSIFICATION.

BE IT ORDAINED BY THE MAYOR AND COUNCILMEMBERS OF CHARLESTON, IN CITY COUNCIL ASSEMBLED: Section 1. That the Zoning Ordinance of the City of Charleston be, and the same hereby is amended, by changing the zone map thereof so that the below described property shall become a part thereof:

1941 Boeing Avenue (0.25 acre) (TMS# 350-13-00-006)

Section 2. That the said parcel of land described above shall be zoned Single-Family Residential (SR-1) classification.

Section 3. This Ordinance shall become effective upon ratification.

Ratification Number 1996-259

AN ORDINANCE

TO AMEND THE ZONING ORDINANCE OF THE CITY OF CHARLESTON CHANGING THE ZONE MAP, WHICH IS PART THEREOF, SO THAT 2232 FOREST LAKES BOULEVARD (0.25 ACRE) (TMS# 354-02-00-035), ANNEXED INTO THE CITY OF CHARLESTON AUGUST 20, 1996 (#1996-152), BE ZONED SINGLE-FAMILY RESIDENTIAL (SR-1) CLASSIFICATION.

BE IT ORDAINED BY THE MAYOR AND COUNCILMEMBERS OF CHARLESTON, IN CITY COUNCIL ASSEMBLED:

Section 1. That the Zoning Ordinance of the City of Charleston be, and the same hereby is amended, by changing the zone map thereof so that the below described property shall become a part thereof:

2232 Forest Lakes Boulevard (0.25 acre) (TMS# 354-02-00-035)

Section 2. That the said parcel of land described above shall be zoned Single-Family Residential (SR-1) classification.

Section 3. This Ordinance shall become effective upon ratification.

Ratification Number 1996-260

AN ORDINANCE

TO AMEND THE ZONING ORDINANCE OF THE CITY OF CHARLESTON CHANGING THE ZONE MAP, WHICH IS PART THEREOF, SO THAT 65 AVONDALE AVENUE (0.25 ACRE) (TMS# 418-10-00-048), ANNEXED INTO THE CITY OF CHARLESTON AUGUST 20, 1996 (#1996-154), BE ZONED SINGLE-FAMILY RESIDENTIAL (SR-1) CLASSIFICATION.

BE IT ORDAINED BY THE MAYOR AND COUNCILMEMBERS OF CHARLESTON, IN CITY COUNCIL ASSEMBLED:

Section 1. That the Zoning Ordinance of the City of Charleston be, and the same hereby is amended, by changing the zone map thereof so that the below described property shall become a part thereof:

65 Avondale Avenue (0.25 acre) (TMS# 418-10-00-048)

Section 2. That the said parcel of land described above shall be zoned Single-Family Residential (SR-1) classification.

Section 3. This Ordinance shall become effective upon ratification.

Ratification Number 1996-261

AN ORDINANCE

TO AMEND THE ZONING ORDINANCE OF THE CITY OF CHARLESTON CHANGING THE ZONE MAP, WHICH IS PART THEREOF, SO THAT 3049 MURRAY WOOD ROAD (11.36 ACRES) (TMS# 312-00-00-016), ANNEXED INTO THE CITY OF CHARLESTON SEPTEMBER 3, 1996 (#1996-165), BE ZONED SINGLE-FAMILY RESIDENTIAL (SR-1) CLASSIFICATION.

BE IT ORDAINED BY THE MAYOR AND COUNCILMEMBERS OF CHARLESTON, IN CITY COUNCIL ASSEMBLED:

Section 1. That the Zoning Ordinance of the City of Charleston be, and the same hereby is amended, by changing the zone map thereof so that the below described property shall become a part thereof:

3049 Murray Wood Road (11.36 acres) (TMS# 312-00-00-016)

Section 2. That the said parcel of land described above shall be zoned Single-Family Residential (SR-1) classification.

Section 3. This Ordinance shall become effective upon ratification.

Ratification Number 1996-262

AN ORDINANCE

TO AMEND THE ZONING ORDINANCE OF THE CITY OF CHARLESTON CHANGING THE ZONE MAP, WHICH IS PART THEREOF, SO THAT 1448 ORANGE GROVE ROAD (0.25 ACRE) (TMS# 352-13-00-006), ANNEXED INTO THE CITY OF CHARLESTON SEPTEMBER 3, 1996 (#1996-166), BE ZONED SINGLE-FAMILY RESIDENTIAL (SR-1) CLASSIFICATION. BE IT ORDAINED BY THE MAYOR AND COUNCILMEMBERS OF CHARLESTON, IN CITY COUNCIL ASSEMBLED:

Section 1. That the Zoning Ordinance of the City of Charleston be, and the same hereby is amended, by changing the zone map thereof so that the below described property shall become a part thereof:

1448 Orange Grove Road (0.25 acre) (TMS# 352-13-00-006)

Section 2. That the said parcel of land described above shall be zoned Single-Family Residential (SR-1) classification.

Section 3. This Ordinance shall become effective upon ratification.

Ratification Number 1996-263

AN ORDINANCE

TO AMEND THE ZONING ORDINANCE OF THE CITY OF CHARLESTON CHANGING THE ZONE MAP, WHICH IS PART THEREOF, SO THAT 2024 WILD FLOWER LANE (0.25 ACRE) (TMS# 355-08-00-079), ANNEXED INTO THE CITY OF CHARLESTON SEPTEMBER 3, 1996 (#1996-167), BE ZONED CANTERBURY WOODS-PLANNED UNIT DEVELOPMENT (CW -PUD) CLASSIFICATION.

BE IT ORDAINED BY THE MAYOR AND COUNCILMEMBERS OF CHARLESTON, IN CITY COUNCIL ASSEMBLED:

Section 1. That the Zoning Ordinance of the City of Charleston be, and the same hereby is amended, by changing the zone map thereof so that the belowdescribed property shall become a part thereof:

2024 Wild Flower Lane (0.25 acre) (TMS# 355-08-00-079)

Section 2. That the said parcel of land described above shall be zoned Canterbury Woods-Planned Unit Development (CW -PUD) classification.

Section 3. This Ordinance shall become effective upon ratification.

Ratification Number 1996-264

AN ORDINANCE

TO AMEND THE ZONING ORDINANCE OF THE CITY OF CHARLESTON CHANGING THE ZONE MAP, WHICH IS PART THEREOF, SO THAT 1828 GREENMORE DRIVE (0.25 ACRE) (TMS# 351-03-00-047), ANNEXED INTO THE CITY OF CHARLESTON SEPTEMBER 3, 1996 (#1996-168), BE ZONED SINGLE-FAMILY RESIDENTIAL (SR-1) CLASSIFICATION.

BE IT ORDAINED BY THE MAYOR AND COUNCILMEMBERS OF CHARLESTON, IN CITY COUNCIL ASSEMBLED:

Section 1. That the Zoning Ordinance of the City of Charleston be, and the same hereby is amended, by changing the zone map thereof so that the below described property shall

become a part thereof:

1828 Greenmore Drive (0.25 acre) (TMS# 351-03-00-047)

Section 2. That the said parcel of land described above shall be zoned Single-Family Residential (SR-1) classification.

Section 3. This Ordinance shall become effective upon ratification.

Ratification Number 1996-265

AN ORDINANCE

TO AMEND THE ZONING ORDINANCE OF THE CITY OF CHARLESTON CHANGING THE ZONE MAP, WHICH IS PART THEREOF, SO THAT 2102 DEERPATH WAY (0.25 ACRE) (TMS# 355-08-00-148), ANNEXED INTO CITY OF CHARLESTON AUGUST 20, 1996 (#1996-153), BE ZONED CANTERBURY WOODS - PLANNED UNIT DEVELOPMENT (CW -PUD) CLASSIFICATION.

BE IT ORDAINED BY THE MAYOR AND COUNCILMEMBERS OF CHARLESTON, IN CITY COUNCIL ASSEMBLED:

Section 1. That the Zoning Ordinance of the City of Charleston be, and the same hereby is amended, by changing the zone map thereof so that the below described property shall become a part thereof:

2102 Deerpath Way (0.25 acre) (TMS# 355-08-00-148)

Section 2. That the said parcel of land described above shall be zoned Canterbury Woods - Planned Unit Development (CW -PUD) classification.

Section 3. This Ordinance shall become effective upon ratification.

Ratification Number 1996-266

AN ORDINANCE

TO AMEND THE ZONING ORDINANCE OF THE CITY OF CHARLESTON CHANGING THE ZONE MAP, WHICH IS PART THEREOF, SO THAT FOLLY ROAD AT OAK POINT DRIVE (4.9 ACRES) (TMS# 340-09-00-018), ANNEXED INTO THE CITY OF CHARLESTON AUGUST 16, 1988 (#1988-73), BE REZONED FROM LIMITED BUSINESS (LB) CLASSIFICATION TO GENERAL BUSINESS (GB) CLASSIFICATION.

BE IT ORDAINED BY THE MAYOR AND COUNCILMEMBERS OF CHARLESTON, IN CITY COUNCIL ASSEMBLED:

Section 1. That the Zoning Ordinance of the City of Charleston be, and the same hereby is amended, by changing the zone map thereof so as to rezone the property described in Section 2 hereof by changing the zoning designation from Limited Business (LB) classification to General Business (GB) classification.

Section 2. The property to be rezoned is described as follows:

Folly Road at Oak Point Drive (4.9 acres) (TMS# 340-09-00-018)

Section 3. This Ordinance shall become effective upon ratification.

Ratification Number 1996-267

AN ORDINANCE

TO RESCIND RESTRICTIVE COVENANTS FOR PROPERTY LOCATED ON BOTH SIDES OF GLENN MCCONNELL PARKWAY, 2700 FEET SOUTH OF BEES FERRY ROAD (ROSS DEVELOPMENT TRACT) AND AMEND THE ZONING ORDINANCE OF THE CITY OF CHARLESTON BY ADDING THE PLANNED ACCESS ROAD, WHICH WILL CONNECT THE PLANNED WEST ASHLEY PARK TO GLENN MCCONNELL PARKWAY, TO SECTION 54-349 ROAD AND RIVER CLASSIFICATION CHART.

WHEREAS, the owners of property located along both sides of the Glenn McConnell Parkway, 2700 feet south of Bees Ferry Road, executed certain Restrictive Covenants encumbering the property, which convenants are recorded in the Records Mesne Convenyance Office for Charleston County, in Book V142, at Page 443, and which allow for the City Council to amend the covenants under certain conditions delineated therein; and

WHEREAS, by Ordinance 1996-225, the City Council rezoned a portion of the subject parcel; and

WHEREAS, City Council has determined that it is necessary and in the public interest to rescind the Restrictive Convenants and amend the City of Charleston Zoning Ordinance to add a requirement for a street frontage buffer which is currently part of the restrictive convenants being rescinded.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCILMEMBERS OF CHARLESTON, IN CITY COUNCIL ASSEMBLED:

Section 1. Those certain Restrictive Covenants dated August 21, 1984, and recorded in the Records Mesne Conveyance Office for Charleston County in Book V142, at Page 443, are hereby rescinded.

Section 2. Section 54-349 of the City of Charleston Zoning Ordinance is hereby amended by inserting the following line in alphabetical order under the subheading "Class II (25 feet)".

"West Ashley Park access road from Glenn McConnell Parkway"

Section 3. This Ordinance shall become effective upon ratification.

Ratification Number 1996-268

AN ORDINANCE

TO AMEND THE DEED, TO BE EXECUTED, WHICH WILL CONVEY 408 SUMTER STREET IN THE CITY OF CHARLESTON, COUNTY OF CHARLESTON, BEARING TMS # 460-07-02-096, TO PEACEWORKS, INCORPORATED BY EXTENDING THE TIME FOR COMPLIANCE WITH THE CONDITION THAT THE PROPERTY BE COMPLETELY REHABILITATED TO ONE YEAR AFTER THE DATE OF DELIVERY OF THE DEED.

BE IT ORDAINED BY THE MAYOR AND COUNCIL MEMBERS OF CHARLESTON, IN CITY COUNCIL ASSEMBLED:

Section 1. The deed, to be executed, which will convey 408 Sumter Street in the City of Charleston, County of Charleston, bearing TMS# 460-07-02-096, to Peaceworks, Inc. is hereby amended by extending the time for compliance with the condition that the property be completely rehabilitated to one year after the date of delivery of the deed.

Section 2. This Ordinance shall become effective upon ratification.

Ratification Number 1996-269

AN ORDINANCE

TO AUTHORIZE THE MAYOR TO EXECUTE THE NECESSARY DOCUMENTS TO CONVEY 113 CALHOUN STREET IN THE CITY OF CHARLESTON, COUNTY OF CHARLESTON, BEARING TMS# 458-01-01-039, TO CLEMSON EXTENSION SERVICES, INCORPORATED, ON CONDITION THAT THE PROPERTY BE USED AS A SUSTAINABILITY COMMUNITY PROJECT AND THAT THE PROPERTY BE COMPLETELY REHABILITATED BY THE END OF ONE YEAR AFTER THE DATE OF DELIVERY OF THE DEED.

BE IT ORDAINED BY THE MAYOR AND COUNCIL MEMBERS OF CHARLESTON, IN CITY COUNCIL ASSEMBLED:

Section 1. The Mayor is hereby authorized to execute the necessary documents to convey 113 Calhoun Street in the City of Charleston, County of Charleston, bearing TMS# 458-01-01-039, to Clemson Extension Services, Inc., on the condition that the property be used a sustainability community project and that the property be completely rehabilitated by the end of one year after the date of delivery of the deed.

Section 2. This Ordinance shall become effective upon ratification.

Ratification

Number 1996-270

AN ORDINANCE

TO PROVIDE FOR THE ANNEXATION OF PROPERTIES LOCATED ON JAMES ISLAND, IN CHARLESTON COUNTY DESCRIBED AS FOLLOWS: TMS# 454-07-00-110, 111, 90, 71, 106 and 107, 454-07-00-109 AND ALL PUBLIC WATERS AND MARSHES, AND RIGHTS-OF-WAY, TO THE CITY OF CHARLESTON AND TO MAKE THE SAME A PART OF DISTRICT 12.

BE IT ORDAINED BY THE MAYOR AND THE MEMBERS OF CITY COUNCIL, IN CITY COUNCIL ASSEMBLED:

Section 1. Findings of Fact

As an incident to the adoption of this Ordinance, City Council of Charleston finds the following facts to exist:

a) Section 5-3-150, Code of Laws of South Carolina (1976) as amended, provides a method of annexing property to a city or town upon a Petition by seventy-five (75%) percent of the freeholders owning more than seventy-five (75%) percent of the assessed valuation of real property in the area requesting annexation.

b) The City Council of Charleston has received a Petition requesting that a tract of land in Charleston County hereinafter described be annexed to and made a part of the City of Charleston, which Petition is signed by seventy-five (75%) percent of the freeholders owning more than seventy-five (75%) percent of the assessed valuation of real property in the area requesting annexation.

c) The area comprising the said property is contiguous to the City of Charleston.

Section 2.

Pursuant to Section 5-3-150, Code of Laws of South Carolina, (1976) as amended, the following described property be and hereby is annexed to and made a part of the City of Charleston and is annexed to and made a part of present District 11 of the City of Charleston, to wit:

SAID PROPERTIES to be annexed, are identified by the Charleston County Assessors Office as TMS# 454-07-00-110, 111, 90, 71, 106 and 107, 454-07-00-109 and all public waters and marshes, and rights-of-way, as shown on the attached map. Map is attached to the original Ordinance.

Section 3.

This Ordinance shall become effective upon ratification.

Ratification Number 1996-271

AN ORDINANCE

TO PROVIDE FOR THE ANNEXATION OF PROPERTY KNOWN AS 1899 CAPRI DRIVE (0.5 ACRE) (TMS# 350-14-00-052), ST. ANDREWS PARISH, CHARLESTON COUNTY, TO THE CITY OF CHARLESTON AND MAKE IT PART OF DISTRICT 11.

BE IT ORDAINED BY THE MAYOR AND THE MEMBERS OF CITY COUNCIL, IN CITY COUNCIL ASSEMBLED:

Section 1. Finding of Fact

As an incident to the adoption of this Ordinance, City Council of Charleston finds the following facts to exist:

a) Section 5-3-150, Code of Laws of South Carolina (1976) as amended, provides a method of annexing property to a city or town upon a Petition by all persons owning real estate in the area requesting annexation.

b) The City Council of Charleston has received a Petition requesting that a tract of land in Charleston County hereinafter described be annexed to and made a part of the City of Charleston, which Petition is signed by all persons owning real estate in the area requesting annexation.

c) The area comprising the said property is contiguous to the City of Charleston.

Section 2. Pursuant to Section 5-3-150, Code of Laws of South Carolina, (1976) as amended, the following described property be and hereby is annexed to and made part of the City of Charleston and is annexed to and made part of present District 11 of the City of Charleston, to wit:

SAID PROPERTY to be annexed, 1899 Capri Drive (0.5 Acre), St. Andrews Parish is identified by the Charleston County Assessors Office as TMS# 350-14-00-052 (see attached map) and all adjacent public rights-of-way.

Section 3.

This ordinance shall become effective upon ratification.

Ratification Number 1996-272

AN ORDINANCE

TO PROVIDE FOR THE ANNEXATION OF PROPERTY LOCATED ON JAMES ISLAND, IN CHARLESTON COUNTY DESCRIBED AS FOLLOWS: TMS# 340-03-00-009, 340-03-00-011, 341-00-00-056, 341-00-00-048, 343-04-00-023, 425-12-00-097, 425-12-00-241, 425-12-00-243, 425-12-00-095, 425-12-00-092, 425-12-00-091, 425-12-00-180, 425-16-00-030, 426-06-00-111,

426-06-00-136, 426-07-00-081, 426-07-00-079, 426-15-00-019, 431-07-00-003, 452-06-00-065, 452-06-00-068, 452-06-00-081, 452-06-00-082, 454-01-00-072, 454-02-00-034, 454-06-00-213, 454-06-00-192, 454-06-00-176, 454-06-00-170, 454-07-00-055, 454-11-00-051, 454-10-00-015 (15.3 ACRES) AND ALL PUBLIC WATERS AND MARSHES AND RIGHTS-OF-WAY, TO THE CITY OF CHARLESTON AND TO MAKE THE SAME PART OF DISTRICT 12.

BE IT ORDAINED BY THE MAYOR AND COUNCILMEMBERS OF CHARLESTON, IN CITY COUNCIL ASSEMBLED:

Section 1. Findings of Fact

As an incident to the adoption of this Ordinance, City Council of Charleston finds the following facts to exist:

b) The City Council of Charleston has received petitions, attached hereto as exhibit "A", requesting that the tracts of land described in the petitions be annexed to and made a part of the City of Charleston, each petition has been signed by all persons owning real estate described in each of the respective petitions.

c) The areas described in the petitions are contiguous to the City of Charleston.

Section 2.

Pursuant to Section 5-3-150, Code of Laws Of South Carolina, (1976) as amended, the following described properties be and hereby are annexed to and made a part of the City of Charleston and are annexed to and made a part of present District 12 of the City of Charleston, to wit:

Said Properties to be annexed are identified by the Charleston County Tax Assessor's Office as TMS# 340-03-00-009, 340-03-00-011, 341-00-00-056, 341-00-00-048, 343-04-00-023, 425-12-00-097, 425-12-00-241, 425-12-00-243, 425-12-00-095, 425-12-00-092, 425-12-00-091, 425-12-00-180, 425-16-00-030, 426-06-00-111, 426-06-00-136, 426-07-00-081, 426-07-00-079, 426-15-00-019, 431-07-00-003, 452-06-00-065, 452-06-00-068, 452-06-00-081, 452-06-00-082, 454-01-00-072, 454-02-00-034, 454-06-00-213, 454-06-00-192, 454-06-00-176, 454-06-00-170, 454-07-00-055, 454-11-00-051, 454-10-00-015 (15.3 ACRES) and all public waters and marshes, and rights-of-way, as shown on the maps attached.

Section 3.

Should any provision of this ordinance be held invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid provision, it being the intent of council to enact this ordinance without such invalid provision, and to this end, the provisions of this ordinance are severable.

Section 4.

This ordinance shall become effective upon ratification.

Council then considered the bill to make appropriations to meet the liabilities of the City of Charleston for the fiscal year ending December 31, 1997. (As amended)

Councilmember Hart asked if the change recommended by the Committee on Human Resources to re-fund the Insurance Reserve Fund was included in the budget bill. Mr. Etheredge said the amendment included the change. When Councilmember Hart asked whether the change as recommended was included in the bill Council was asked to approve, Mr. Etheredge replied affirmatively.

On motion of Councilmember Hart, seconded by Mayor Riley, Council voted to reduce the Salary Range - Department of Economic Development, particularly the Director's Salary on Page 120 of the 1997 Budget, by transferring $2,000 to the Internal Auditor's Budget on Page 64 to the account for Travel and Training to increase that amount from $115 to $2,115 and reduce the Economic Development Director's Salary budgeted amount from $68,568 to $66,568. The motion carried unanimously.

Councilmember Hart noted Mr. Tecklenburg's salary would be $62,500 while Mr. Thompson had received a higher compensation. He stated that Mr. Tecklenburg may also need training funds as well and the savings in the salary in the differential between Mr. Thompson and Mr. Tecklenburg could be used for that.

When Councilmember Thomas asked if a motion was needed to put $4,000 into training for economic development, the Mayor said it could come from the emergency fund. Mr. Etheredge said Council should make motions as they saw fit and the budget would be cleaned up accordingly. He noted Councilmember Thomas had pointed out some other changes. He said $15,000 had been added to the budget, but there is a funding source for it. This meant the total bottom line had gone up by $15,000.

After some further discussion, Councilmember Thomas moved the remaining $4,000 no longer remain in the line item for salaries for the Executive Director of the Department of Economic Development but that it be transferred to training for that department. Councilmember Shirley seconded the motion. The motion carried unanimously.

Councilmember Thomas noticed the City's issue of Tax Anticipation Notes was not to exceed $10,000,000. He commented $72,000,000 was needed, and he asked when the City would receive the taxes. Mr. Etheredge replied that was the short term borrowing period between January and March.

After discussion, the bill received second reading with the discussed chang es on motion of Councilmember Thomas. It passed second reading on motion of Councilmember Ader and third reading on motion of Councilmember Evans. On the further motion of Councilmember Ader, the rules were suspended and the bill was immediately ratified as:

Ratification Number 1996-273

TO MAKE APPROPRIATIONS TO MEET THE LIABILITIES OF THE CITY OF CHARLESTON FOR THE FISCAL YEAR ENDING DECEMBER 31, 1997.

BE IT ORDAINED BY THE MAYOR AND COUNCILMEMBERS OF CHARLESTON, IN CITY COUNCIL ASSEMBLED:

Section 1. That the following sums of money be, and are hereby appropriated for the purposes hereinafter mentioned, to-wit:

GENERAL FUND

POLICY AND ADMINISTRATION PROGRAM

Mayor | ______Personnel Services |$ 377,368 | ______Operating Expenditures |44,200 | ______Capital Outlay |0 | ______Total |$ 421,568 | ______Cultural Affairs | ______Personnel Services |$ 177,453 | ______Operating Expenditures |41,035 | ______Capital Outlay |1,000 | ______Total |$ 219,488 |

______Dock Street Theater | ______Personnel Services |$ 16,802 | ______Operating Expenditures |57,680 | ______Capital Outlay |0 | ______Total |$ 74,482 | ______Garden Theater | ______Personnel Services |$ 0 | | ______Operating Expenditures |44,110 | ______Capital Outlay |0 | ______Total |$ 44,110 | ______Tourism | ______Personnel Services |$ 127,673 | ______Operating Expenditures |107,750 |

______Capital Outlay |0 | ______Total |$ 235,423 | ______Tourism Gatekeeper System | ______Personnel Services |$ 43,802 | ______Operating Expenditures |6,500 | ______Capital Outlay |8,000 | ______Total |$ 58,302 | ______City Council/Clerk of Council | ______Personnel Services |$ 271,736 | ______Operating Expenditures |160,292 | ______Capital Outlay |2,000 | ______Total |$ 434,028 | ______Archives | |

______Personnel Services |$ 50,170 | ______Operating Expenditures |61,300 | ______Capital Outlay |1,500 | ______Total |$ 112,970 | ______Children's Services | ______Personnel Services |$ 86,204 | ______Operating Expenditures |16,650 | ______Capital Outlay |0 | ______Total |$ 102,854 | ______Citizens Services | ______Personnel Services |$ 115,741 | ______Operating Expenditures |19,830 | ______Capital Outlay |0 |

______Total |$ 135,571 | ______Corporation Counsel | ______Personnel Services |$ 273,875 | ______Operating Expenditures |165,870 | ______Capital Outlay |500 | ______Total |$ 440,245 | | ______Administrative Services | ______Personnel Services |$ 128,323 | ______Operating Expenditures |6,460 | ______Capital Outlay |0 | ______Total |$ 134,783 | ______Finance | ______Personnel Services |$ 423,966 |

______Operating Expenditures |146,210 | ______Capital Outlay |0 | ______Total |$ 570,176 | ______Data Processing | ______Personnel Services |$ 318,146 | ______Operating Expenditures |666,181 | ______Capital Outlay |30,000 | ______Total |$ 1,014,327 | ______Business License | ______Personnel Services |$ 231,153 | ______Operating Expenditures |31,930 | ______Capital Outlay |0 | | ______Total |$ 263,083 |

______City Hall | ______Personnel Services |$ 22,326 | ______Operating Expenditures |85,200 | ______Capital Outlay |0 | ______Total |$ 107,526 | ______14 George Street | ______Personnel Services |$ 0 | ______Operating Expenditures |35,150 | ______Capital Outlay |0 | ______Total |$ 35,150 | ______116 Meeting Street | ______Personnel Services |$ 0 | ______Operating Expenditures |37,775 | ______

Capital Outlay |0 | ______Total |$ 37,775 | ______Charleston Excellence in | Government | ______Personnel Services |$ 41,151 | ______Operating Expenditures |151,870 | | ______Capital Outlay |0 | ______Total |$ 193,021 | ______Personnel | ______Personnel Services |$ 229,349 | ______Operating Expenditures |153,300 | ______Capital Outlay |0 | ______Total |$ 382,649 | ______Purchasing | ______

Personnel Services |$ 207,068 | ______Operating Expenditures |82,350 | ______Capital Outlay |0 | ______Total |$ 289,418 | ______Internal Audit | ______Personnel Services |$ 42,851 | ______Operating Expenditures |5,165 | ______Capital Outlay |0 | ______Total |$ 48,016 | ______Community Promotion | ______Operating Expenditures |$ 141,925 | | ______Cultural Promotions | ______Operating Expenditures |$ 557,651 | ______Trident Work Experience |

______Personnel Services |$ 48,061 | ______Operating Expenditures |54,575 | ______Capital Outlay |0 | ______Total |$ 102,636 | ______Summer Youth Employment | ______Personnel Services |$ 83,500 | ______Operating Expenditures |0 | ______Capital Outlay |0 | ______Total |$ 83,500 | ______PROTECTION AND PUBLIC SAFETY | PROGRAM | ______Police | ______Personnel Services |$12,982,988 | ______Operating Expenditures |2,544,800 |

______Capital Outlay |200,000 | ______Total |$15,727,788 | ______Fire | | ______Personnel Services |$ 6,148,460 | ______Operating Expenditures |399,911 | ______Capital Outlay |40,000 | ______Total |$ 6,588,371 | ______Municipal Court | ______Personnel Services |$ 449,876 | ______Operating Expenditures |101,430 | ______Capital Outlay |6,500 | ______Total |$ 557,806 | ______PUBLIC SERVICE PROGRAM |

______Public Service Administration | ______Personnel Services |$ 95,792 | ______Operating Expenditures |13,340 | ______Capital Outlay |50,000 | ______Total |$ 159,132 | ______Engineering | ______Personnel Services |$ 362,593 | ______Operating Expenditures |30,840 | ______Capital Outlay |0 | | ______Total |$ 393,433 | ______Inspections | ______Personnel Services |$ 608,831 | ______Operating Expenditures |56,780 |

______Capital Outlay |0 | ______Total |$ 665,611 | ______Streets and Sidewalks | Administration | ______Personnel Services |$ 69,309 | ______Operating Expenditures |15,800 | ______Capital Outlay |0 | ______Total |$ 85,109 | ______Street and Sidewalks | ______Personnel Services |$ 730,918 | ______Operating Expenditures |354,300 | ______Capital Outlay |0 | ______Total |$ 1,085,218 | ______Sanitation Administration |

______Personnel Services |$ 166,799 | ______Operating Expenditures |58,805 | | ______Capital Outlay |0 | ______Total |$ 225,604 | ______Sanitation Personnel | ______Personnel Services |$ 1,442,567 | ______Operating Expenditures |0 | ______Capital Outlay |0 | ______Total |$ 1,442,567 | ______Garbage Collection | ______Personnel Services |$ 0 | ______Operating Expenditures |346,000 | ______Capital Outlay |0 |

______Total |$ 346,000 | ______Trash Collection | ______Personnel Services |$ 0 | ______Operating Expenditures |213,500 | ______Capital Outlay |0 | ______Total |$ 213,500 | ______Street Sweeping | ______Personnel Services |$ 305,482 | | ______Operating Expenditures |69,900 | ______Capital Outlay |0 | ______Total |$ 375,382 | ______Shops and Equipment | ______Personnel Services |$ 490,908 |

______Operating Expenditures |83,000 | ______Capital Outlay |0 | ______Total |$ 573,908 | ______Communications | ______Personnel Services |$ 131,935 | ______Operating Expenditures |577,200 | ______Capital Outlay |0 | ______Total |$ 709,135 | ______Public Service Capital | Projects | ______Operating Expenditures |$ 250,000 | ______Traffic and Transportation | Administration and Operations | ______Personnel Services |$ 603,224 | ______

Operating Expenditures |263,962 | | ______Capital Outlay |20,000 | ______Total |$ 887,186 | ______Traffic and Transportation | Capital Projects | ______Operating Expenditures |$ 51,000 | ______RECREATION DEPARTMENT PROGRAM | ______Recreation Administration | ______Personnel Services |$ 114,840 | ______Operating Expenditures |50,250 | ______Capital Outlay |11,000 | ______Total |$ 176,090 | ______Naturalist Program | ______Personnel Services |$ 28,080 | ______

Operating Expenditures |4,380 | ______Capital Outlay |0 | ______Total |$ 32,460 | ______James Island Recreation | Complex | ______Personnel Services |$ 190,070 | ______Operating Expenditures |101,835 | | ______Capital Outlay |0 | ______Total |$ 291,905 | ______Athletics Division | ______Personnel Services |$ 149,476 | ______Operating Expenditures |236,300 | ______Capital Outlay |0 | ______Total |$ 385,776 |

______Programs Division | ______Personnel Services |$ 256,203 | ______Operating Expenditures |121,135 | ______Capital Outlay |0 | ______Total |$ 377,338 | ______St. Julian F. Devine Community | Center | ______Personnel Services |$ 73,132 | ______Operating Expenditures |30,100 | ______Capital Outlay |0 | ______Total |$ 103,232 | ______Arthur W. Christopher Gym | ______Personnel Services |$ 91,659 | | ______Operating Expenditures |42,340 |

______Capital Outlay |0 | ______Total |$ 133,999 | ______Aquatics Division | ______Personnel Services |$ 345,505 | ______Operating Expenditures |156,300 | ______Capital Outlay |0 | ______Total |$ 501,805 | ______Tennis Center | ______Personnel Services |$ 100,972 | ______Operating Expenditures |59,984 | ______Capital Outlay |0 | ______Total |$ 160,956 | ______Soccer Shoot-Out | ______

Personnel Services |$ 7,500 | ______Operating Expenditures |71,620 | ______Capital Outlay |0 | ______Total |$ 79,120 | ______Inner City Youth Tennis | | ______Personnel Services |$ 0 | ______Operating Expenditures |7,250 | ______Capital Outlay |0 | ______Total |$ 7,250 | ______PARKS DEPARTMENT PROGRAM | ______Parks Administration | ______Personnel Services |$ 332,515 | ______Operating Expenditures |67,865 | ______

Capital Outlay |1,000 | ______Total |$ 401,380 | ______Parks Division | ______Personnel Services |$ 1,248,145 | ______Operating Expenditures |236,270 | ______Capital Outlay |31,195 | ______Total |$ 1,515,610 | ______Construction Division | ______Personnel Services |$ 154,928 | ______Operating Expenditures |20,100 | ______Capital Outlay |3,300 | | ______Total |$ 178,328 | ______Facilities Maintenance | ______

Personnel Services |$ 549,008 | ______Operating Expenditures |339,165 | ______Capital Outlay |6,842 | ______Total |$ 895,015 | ______Urban Forestry | ______Personnel Services |$ 197,339 | ______Operating Expenditures |43,700 | ______Capital Outlay |1,425 | ______Total |$ 242,464 | ______Horticulture | ______Personnel Services |$ 172,172 | ______Operating Expenditures |48,368 | ______Capital Outlay |1,225 | ______

Total |$ 221,765 | ______Electrical | ______Personnel Services |$ 188,167 | ______Operating Expenditures |1,025,950 | | ______Capital Outlay |7,013 | ______Total |$ 1,221,130 | ______Parks and Facilities Capital | Projects | ______Personnel Services |$ 0 | ______Operating Expenditures |105,000 | ______Capital Outlay |0 | ______Total |$ 105,000 | ______COMMUNITY DEVELOPMENT PROGRAM | ______Planning and Urban Development | ______

Personnel Services |$ 550,336 | ______Operating Expenditures |111,765 | ______Capital Outlay |1,000 | ______Total |$ 663,101 | ______Economic Development | ______Personnel Services |$ 378,690 | ______Operating Expenditures |41,368 | ______Capital Outlay |2,500 | ______Total |$ 422,558 | | ______Housing and Community | Development | ______Personnel Services |$ 349,246 | ______Operating Expenditures |13,070 | ______Capital Outlay |0 |

______GENERAL PROGRAMS | ______City Market | ______

Personnel Services |$ 33,692 | | ______Operating Expenditures |12,340 | ______Capital Outlay |0 | ______Pensions |4,132 | ______Employee Benefits |3,870 | ______Total |$ 54,034 | ______Old Slave Mart Museum | ______Personnel Services |$ 43,086 | ______Operating Services |40,550 | ______Capital Outlay |5,000 | ______Pensions |4,537 | ______Employee Benefits |3,091 | ______Total |$ 96,264 |

______Operating Expenditures |17,500 | ______Capital Outlay |0 | ______Total |$ 17,500 | ______Baseball Parking Lot | ______Personnel Services |$ 30,000 | ______Operating Expenditures |10,475 | ______Capital Outlay |0 | ______Total |$ 40,475 | ______Parking Meters | ______Personnel Services |$ 246,826 | ______Operating Expenditures |277,530 | ______Capital Outlay |6,000 | | ______Total |$ 530,356 |

______John Street Parking Lot | ______Personnel Services |$ 0 | ______Operating Expenditures |2,000 | ______Capital Outlay |0 | ______Total |$ 2,000 | ______George/Society Parking Lot | ______Personnel Services |$ 0 | ______Operating Expenditures |136,165 | ______Capital Outlay |0 | ______Total |$ 136,165 | ______Francis Marion Garage | ______Personnel Services |$ 73,980 | ______Operating Expenditures |27,100 | ______

______Personnel Services |$ 0 | ______Operating Expenditures |19,980 | ______Capital Outlay |0 | ______Total |$ 19,980 | ______Wentworth Street Garage | ______Personnel Services |$ 21,326 | ______Operating Expenditures |27,580 | ______Capital Outlay |17,000 | ______Total |$ 65,906 | ______Horlbeck Alley Parking Lot | ______Personnel Services |$ 0 | | ______Operating Expenditures |87,965 | ______Capital Outlay |3,000 |

______Total |$ 90,965 | ______Rainbow Market Parking Lot | ______Personnel Services |$ 0 | ______Operating Expenditures |18,940 | ______Capital Outlay |0 | ______Total |$ 18,940 | ______Garden Theater Parking Lot | ______Personnel Services |$ 0 | ______Operating Expenditures |23,350 | ______Capital Outlay |0 | ______Total |$ 23,350 | ______Concord/Cumberland St. Garage | ______Personnel Services |$ 20,526 | ______

Operating Expenditures |35,490 | ______Capital Outlay |0 | ______Total |$ 56,016 | ______Gaillard Auditorium Garage | | ______Personnel Services |$ 95,564 | ______Operating Expenditures |52,300 | ______Capital Outlay |0 | ______Total |$ 147,864 | ______Prioleau Street Parking Lot | ______Personnel Services |$ 0 | ______Operating Expenditures |1,000 | ______Capital Outlay |0 | ______Total |$ 1,000 | ______

East Bay/Prioleau Street | Garage | ______Personnel Services |$ 0 | ______Operating Expenditures |27,075 | ______Capital Outlay |0 | ______Total |$ 27,075 | ______Charleston Place Garage | ______Personnel Services |$ 89,106 | ______Operating Expenditures |29,125 | ______Capital Outlay |0 | ______Total |$ 118,231 | | ______V.R.T.C. Parking Lots | ______Personnel Services |$ 0 | ______Operating Expenditures |2,535 | ______

Capital Outlay |0 | ______Total |$ 2,535 | ______V.R.T.C. Garage | ______Personnel Services |$ 94,906 | ______Operating Expenditures |61,490 | ______Capital Outlay |5,000 | ______Total |$ 161,396 | ______Non-departmental |$ 724,000 | ______Pensions |182,128 | ______Employee Benefits |179,120 | ______Interest |1,947,360 | ______Bond Principal |1,508,685 | ______TOTAL TRAFFIC & |$ 7,104,204 TRANSPORT/PARKING PROGRAMS | ______

SPECIAL FACILITIES PROGRAMS | ______Charleston Baseball Park | ______Personnel Services |$ 0 | | ______Operating Expenditures |112,250 | ______Capital Outlay |50,000 | ______Total |$ 162,250 | ______Angel Oak | ______Personnel Services |$ 43,581 | ______Operating Expenditures |87,500 | ______Capital Outlay |0 | ______Pensions |4,930 | ______Employee Benefits |3,974 | ______Total |$ 139,985 | ______Cypress Gardens |

______Personnel Services |$ 0 | ______Operating Services |0 | ______Capital Outlay |0 | ______Total |$ 0 | ______Municipal Auditorium | ______Municipal Auditorium | ______Personnel Services |$ 277,500 | ______Operating Expenditures |323,000 | | ______Capital Outlay |0 | ______Total |$ 600,500 | ______Central Box Office/SCAT | ______Personnel Services |$ 0 | ______Operating Expenditures |74,000 |

______Capital Outlay |0 | ______Total |$ 74,000 | ______Auditorium Concessions | ______Personnel Services |$ 62,851 | ______Operating Expenditures |54,400 | ______Capital Outlay |0 | ______Total |$ 117,251 | ______Pensions |$ 45,967 | ______Employee Benefits |50,916 | ______Total Municipal Auditorium |$ 888,634 Funds | ______Charleston Visitor Center | ______Personnel Services |$ 119,925 | ______Operating Expenditures |391,450 |

______Capital Outlay |5,000 | | ______Pensions |9,681 | ______Employee Benefits |5,088 | ______Total |$ 531,144 | ______Municipal Golf Course | ______Personnel Services |$ 232,794 | ______Operating Expenditures |272,125 | ______Capital Outlay |0 | ______Pensions |29,542 | ______Employee Benefits |31,460 | ______Total |$ 565,921 | ______TOTAL ENTERPRISE FUND |$ 9,542,436 APPROPRIATIONS | ______

TOTAL GENERAL FUND AND |$72,260,586 ENTERPRISE FUND APPROPRIATIONS |

Section 2. The above appropriations shall be expended according to sections 268, 269 and 270 of the Code of the City of Charleston and schedules approved by the Committee on Ways and Means. When it becomes necessary to make a transfer within any department or miscellaneous appropriation above, such transfer shall be made only upon the approval of the Director of the Department of Administrative Services provided, however, that the Director of the Department of Administrative Services shall refer transfers in excess of $2,500.00 to the Ways and Means Committee for authorization.

Section 3. The above appropriations are on a basis of twelve (12) months, and are effective as of January 1, 1997, but said appropriations for salaries and operations are subject to cancellation or amendment by City Council as any emergency may make necessary. Scheduled appropriations for salaries paid on a bi-weekly basis shall cover the period from December 14, 1996 through December 13, 1997, and for salaries paid on a weekly basis the period from December 21, 1996 through December 19, 1997. It is the purpose and intent of these schedules that in the case of salaries paid on a bi-weekly basis, the bi-weekly compensation shall be one twenty-sixth (1/26) of the sum herein appropriated and in the case of salaries paid on a weekly basis, the weekly compensation shall be one fifty-second (1/52) of the sum herein appropriated.

Section 4. The Mayor is hereby empowered in any emergency and for increased efficiency in administration of government or in the event of any vacancies in any department or division, to transfer any individual or individuals on the payroll f rom one department or division to another.

Section 5. The Director of Administrative Services is hereby authorized to refer for final approval any proposed expenditures for salaries or supplies submitted by any department, board, or commission to the Mayor or the Committee on Ways and Means if, in his judgment, such referral is advisable.

Section 6. The Director of Administrative Services of the City of Charleston is hereby authorized to arrange for the issuance of tax anticipation notes from time to time in anticipation of receipt of taxes by requesting bids for the issuance of such notes from such financial institutions as he shall determine.

The aggregate amount of tax anticipation notes to be issued by the City of Charleston shall not exceed $10,000,000. The Notes shall be issued in compliance with State and Federal law. The Mayor is authorized to award the Notes to the financial institution offering the lowest rate of interest to the City.

Section 7. That the Emergency Fund shall be allocated by the Committee on Ways and Means for improvements, adjustments and emergencies.

Section 8. That if any section, item or portion of this ordinance shall be declared invalid by a court of competent jurisdiction, such invalidity shall not affect the remaining sections, items and portions hereof, which shall remain in full force and effect.

Section 9. All Ordinances and parts of Ordinances in conflict with this Ordinance shall be and the same hereby are repealed only so far as they are in conflict herewith.

Section 10. This Ordinance shall take effect as of January 1, 1997.

The next matter before Council was the bill to raise funds for the fiscal year ending December 31, 1997, and to meet the appropriation of $72,245,586 authorized by ordinance ratified December ______, 1996. (As amended) After discussion, the bill received second reading as amended on motion of Councilmember Ader. It passed second reading on motion of Councilmember Thomas and third reading on motion of Councilmember Evans. On the further motion of Councilmember Ader, the rules were suspended and the bill was immediately ratified as:

Ratification Number 1996-274

AN ORDINANCE

TO RAISE FUNDS FOR THE FISCAL YEAR ENDING DECEMBER 31, 1997, AND TO MEET THE APPROPRIATION OF $72,245,586 AUTHORIZED BY ORDINANCE 1996-273 RATIFIED DECEMBER 17, 1996.

BE IT ORDAINED BY THE MAYOR AND COUNCILMEMBERS OF CHARLESTON, IN CITY COUNCIL ASSEMBLED:

Section 1. The revenues of the City Government applicable to the financing of the appropriations have been estimated and fixed as shown in the following items:

Section 2. That for the purpose of providing the sum of $26,433,771 for General Fund Operations set forth in Item 1 above, a tax of one hundred twenty-three and three tenths (123.3) mills hereby is levied upon every dollar of value of all real and personal property in the City of Charleston to be appropriated for the several purposes indicated in the Annual Appropriations Ordinance and for the purpose of providing funds for drainage improvements hereby is levied a tax of two (2) mills upon every dollar of value of all real and personal property in the City of Charleston.

Section 3. That for the purpose of deriving the revenue estimated in Item 9 of the General Fund Section 1, there is levied a tax on all amounts received by any person, firm, or corporation from the sale of electric energy used within the corporate limits of the City of Charleston, except electric energy paid for by the City Council of Charleston, and also a tax on all amounts received by any person, firm or corporation from the sale of natural or manufactured gas used within the corporate limits of the City of Charleston, except gas paid for by the City Council of Charleston, to be paid as other taxes herein of the City of Charleston are paid, and to be calculated on the amounts received from the 1st of January of the previous year through the 31st of December of the previous year, which taxes shall be in addition to all other taxes and assessments. The total tax shall be three percent (3%) of the retail electric and gas revenues.

Section 4. All taxes hereby levied shall be paid on or before January 15, 1998.

Section 5. That for the non-payment of taxes hereby levied in the manner and form as hereinabove set out, penalties and costs shall be added and imposed as follows:

January 16, 1998 through February 1, 1998, three percent (3%) plus cost. After February 1, 1998 through March 15, 1998, in addition to the three percent (3%) herein specified, an additional seven percent (7%) plus cost. After March 15, 1998, in addition to the three percent (3%) and seven percent (7%) herein specified, an additional five percent (5%) until paid, plus all costs of levy, collection, seizure and sale. Provided, however, that this shall in no way be construed to extend the time for payment of taxes as hereinabove set forth, and the Officers of the City of Charleston or the County of Charleston are authorized to proceed with the collection and enforcement by levy, sale or otherwise at any time subsequent to the said first day of February, 1998.

Section 6. The Sheriff of Charleston County or Berkeley County shall determine the date to sell all real property upon which taxes levied under this ordinance are unpaid; provided, however, nothing herein contained shall prevent the sale upon a subsequent date of real property not sold on the above mentioned date because of error, mistake, oversight or other cause.

Section 7. That the taxes herein levied shall constitute a specific lien on the property taxed paramount to all other liens, except those for State and County taxes, from the time the liability for said taxes shall have accrued for the full term of ten (10) years after the said taxes shall have been due and payable.

Section 8. That all funds collected under the authority of this ordinance, except as herein directed, are to be held, used and expended for expenses incurred and to be incurred for the calendar year 1997 and all such expenses, including those represented by the issuance of tax anticipation notes shall be first paid and shall constitute a first lien upon all such funds, and also upon all of the above levy so far as may be necessary to meet the payment of the said tax anticipation notes for expenses incurred in the Year 1996.

Section 9. That all the above items are to be paid as herein set forth so far as may be necessary and subject to the provisions of Section 8 of this ordinance, but any balances in any of the above items not used or specifically set aside for use, shall revert to the General Fund.

Section 10. That if any section, item or portion of this ordinance shall be declared invalid by a court of competent jurisdiction, such invalidity shall not affect the remaining sections, items and portion thereof, which shall remain in full force and effect.

Section 11. This ordinance shall take effect January 1, 1997.

Councilmember Shirley commented on his good fortune when he parked in a metered parking space behind The Goodie House which is located on Calhoun Street. He parked for approximately one hour and forty-five minutes for twenty-five ($.25) cents. He questioned whether the City would put in new meters or replace old meters to generate the additional income at parking meters as outlined in the budget. He also wanted to know how soon the City would receive additional revenue from the parking meters.

Howard Chapman, Director of Traffic and Transportation, said the budget included approximately $86,000 for new meter parts. He expected the requisition for these parts would go in shortly. The requisition for new meters was sent in a few weeks ago so the meters could be in place as quickly as possible after the first of the year.

Councilmember Shirley asked if the additional income could be anticipated in January, February, March or when. Mr. Chapman replied expedited delivery had been requested. He anticipated about a six-week turnaround from the time the order is received until the parts are delivered.

Councilmember Thomas said he did not know how accurate the parking meters would be, but if they must err, he asked that they err in the citizen's favor. He pointed out how happy Councilmember Shirley had been, and he said that is a very cost effective way to have very happy citizens.

Councilmember Ader commented she would be out of town and unable to attend the special meeting of Council scheduled December 23, 1996. She wished Staff and Council Merry Christmas. She wanted the record to reflect that she had asked "where the heck are my garbage cans". She said she had been told since last June that her garbage cans would be coming. She had been so glad when she noticed the budget indicated the distribution of garbage cans would be completed. She wanted to know where they are, when they would arrive, and who will install them. There were some good-natured exchanges between the Councilmembers and a lot of chuckling in the Chamber.

Council then considered the bill amending the Business License Ordinance. Councilmember Hart moved to further amend the Business License bill by incorporating the bill up for first reading on this agenda, namely, amending Section 21 of the 1996 Business License Ordinance to provide that unless otherwise specifically provided and with the exception of minimum fees and rates charged on income between zero (0) and two thousand and no/100 ($2,000.00) dollars, all minimum fees and rates shall be doubled for itinerants having no fixed principal place of business in the City of Charleston.

Councilmember Shirley seconded the motion.

Councilmember Hart felt this amendment would have a good, positive economic impact on small businesses in the community.

Mayor Riley commented that Mr. Etheredge had prepared a report regarding the anticipated impact on the City. The analysis indicated 2,253 businesses would be affected, and the loss to the City would be $128,522.31.

Councilmember Hart said the figure of $200,000 had been given to Council previously.

John Leach, Business License Director, said the $200,000 reflected a worse- case scenario, and the $128,522.31 reflected a bare minimum scenario. He went on to say until the revenues or the gross income for the next year are received he would have no idea exactly how much it would exactly effect.

Councilmember Hart disagreed, saying only the $0 to $2,000 business incomes. He said a business would be required to pay the amount even if there had only been $100 worth of business.

Mr. Leach had asked one of the inspectors who deals with a lot of out of town businesses how many were left in the middle of December. The inspector had informed him there were about 16 in North Charleston. He noted one of the reasons the rate had been changed was the travel time involved in going into areas where the City does not have jurisdiction per se. He cited hospitals as an example of businesses that must be followed up on.

Mr. Leach said the $128,000 figure was bare minimum. He cited the fact that businesses in North Charleston had been found in the last three months without a business license who should have obtained a City business license for two to three years. He went on to say Staff had surveyed different types of businesses and found them. He said the number could definitely go up.

When Councilmember Hart asked if Mr. Leach had worked with an actual number or a projected number, Mr. Leach said $128,522.31 was an exact number as of this date (December

17, 1996).

Councilmember Hart asked for a breakout of the number of businesses in each of the seven classes. Mr. Leach replied there were 213 in Class 1, 147 in Class 2, 14 in Class 3, 11 in Class 4, 249 in Class 5, 308 in Class 6, and 2,253 in Class 7. Mr. Leach did not expect the amount to rise more than $2,000 to $3,000 between this date and the end of the year.

Mr. Leach went on to say as of 1995 the City is one 51 jurisdictions that doubles the license fee for out-of-town businesses, and one jurisdiction triples the fee for out-of-town businesses. He noted all jurisdictions in the area with the exception of North Charleston doubles the rate. North Charleston will do so beginning January 1, 1996.

When Councilmember Ader questioned whether this matter had been sent to the License Committee for consideration, Mr. Leach said it had not been before the License Committee.

On motion of Councilmember Ader, Council voted to table Councilmember Hart's motion to further amend the Business License Ordinance bill and to send the proposed amendment to the License Committee for further study and report back to Council.

The vote was not unanimous. Councilmembers Hart and Shirley voted Nay.

The Mayor referred the amendment proposed by Councilmember Hart to the License Committee.

Councilmember Hart felt that tabling the amendment would mean it would have no effect in 1997. He expressed concern that Council looked as businesses as a piggy bank. He said businesses, particularly a small business doing $1,400 or $1,500, is now paying more for their license fee in the City than they will pay for their entire fee in the City of North Charleston or Charleston County. He noted, according to the Chamber of Commerce, 80 percent of the businesses who belong to the Chamber are small businesses.

When Councilmember Washington asked if businesses in the City of Charleston paid double in the City of North Charleston, Mr. Leach said they will be effective January 1, 1997.

Councilmember Hart said if the License Committee approved the fee structure as outlined in Councilmember Hart's proposed amendment, the figures could be changed in the budget in 1997. She felt it would be wrong to approve this matter without License Committee review and recommendation.

Councilmember Hart expressed concern about refunding money. Mr. Leach said the City would not refund the money. After thirty days in South Carolina, the money would not refunded.

Mr. Leach read from a 1993 report that "City Council passed the double rate due to the fact that out-of-town businesses gives the City no support in any form of taxation and the potential cost of services far exceed the payment of single rates. Also, the City has no legal jurisdiction outside of the City. The cost of retrieving business license fees can involve legal help". Mr. Leach noted the City is currently involved in two major law suits which are both costly and time consuming.

Council then voted on the bill amending the Business License Ordinance for the City of Charleston, South Carolina, Ordinance No. 1991-153, as amended by Ordinance Number 1991-194, 1992-257, 1993-400, 1993-448 and 1994-469 and 1995-565 and 1996-218, and to adopt said ordinance as amended, as the Business License Ordinance for the City of Charleston, South Carolina, for the fiscal year commencing January 1, 1997. (As amended)

The bill received second reading on motion of Councilmember Ader. It passed second reading on motion of Councilmember Thomas and third reading on motion of Councilmember Evans. On the further motion of Councilmember Ader, the rules were suspended and the bill was immediately ratified as: Ratification Number 1996-275

AN ORDINANCE

TO AMEND THE BUSINESS LICENSE ORDINANCE FOR THE CITY OF CHARLESTON, SOUTH CAROLINA, ORDINANCE NO. 1991-153, AS AMENDED BY ORDINANCE NUMBERS 1991-164, 1992-257, 1993-400, 1993-448, 1994-469 AND 1995-565 AND 1996-218, AND TO ADOPT SAID ORDINANCE AS AMENDED, AS THE BUSINESS LICENSE ORDINANCE FOR THE CITY OF CHARLESTON, SOUTH CAROLINA, FOR THE FISCAL YEAR COMMENCING JANUARY 1, 1997.

BE IT ORDAINED BY THE COUNCILMEMBERS OF CHARLESTON, IN CITY COUNCIL ASSEMBLED:

Section 1. Ordinance No. 1991-153, as amended by Ordinance Numbers 1991-164, 1992-257, 1993-400, 1993-448, 1994-469, 1995-565 and 1996-218 is hereby reaffirmed and adopted as the Business License Ordinance for the City of Charleston, South Carolina, for the fiscal year commencing January 1, 1997.

Section 2. This Ordinance shall become effective on January 1, 1997.

The vote was not unanimous. Councilmember Hart voted nay.

Without objection, the Mayor added a Resolution regarding The Goodie House to the agenda. He then read the following Resolution:

RESOLUTION

WHEREAS, The Goodie House diner, located at 168 Calhoun Street, in the City of Charleston announced it will close for business on Friday, December 20, 1996; and

WHEREAS, The Goodie House diner, owned and operated by the Williams family has served the Charleston community for over 50 years; and

WHEREAS, the Goodie House diner has provided many meals to the city's colleges and business community alike; and

WHEREAS, The Goodie has become a culinary landmark in the city, particularly the Calhoun corridor;

NOW, THEREFORE, BE IT RESOLVED, the City of Charleston does hereby recognize and declare that Friday, December 20, 1996 shall be Goodie House Day.

Resolved, that a copy of this resolution be placed in the Journal of Council proceedings, and a copy be presented to the Williams family.

JOSEPH P. RILEY, JR. Mayor, City of Charleston

On motion of Councilmember Evans, seconded by Councilmember Shirley, Council voted to adopt the Resolution regarding The Goodie House.

Mayor Riley directed Council's attention to a report on the makeup of the 1992 Council districts as adopted November 10, 1992. There had been some questions about the balance of the districts. The Mayor informed Council the report was for information. The following report was placed on Council's desks:

CITY OF CHARLESTON

1992 TOTAL, BLACK, AND VOTING AGE POPULATION BY COUNCIL DISTRICTS

AS ADOPTED NOVEMBER 10, 1992

| |Tot |Bla |Per |Ide |Tot |Bla |Per |Dev |% | |al |ck |cen |al |al |ck |cen |iat |Dev | | | |t |Pop |18+ |18+ |t |ion |iat | | | |Bla |. | | |Bla |Fro |ion | | | |ck | | | |ck |m |Fro | | | | | | | |18+ |Ide |m | | | | | | | | |al |Ide | | | | | | | | | |al | | | | | | | | | | ______| | ____ | | ______1 |Smy |6,5 |231 |3.5 |682 |583 |218 |3.7 |- |- |the |62 | |2% |8 |4 | |4% |266 |3.9 | | | | | | | | | |0% | | | | | | | | | |

______2 |Kin |6,5 |4,7 |73. |682 |471 |306 |64. |- |- |loc |39 |97 |36% |8 |5 |1 |92% |289 |4.2 |h | | | | | | | | |3% | | | | | | | | | | ______3 |Ell |6,5 |4,3 |66. |682 |544 |334 |61. |- |- |ing |09 |39 |66% |8 |6 |1 |35% |319 |4.6 |ton | | | | | | | | |7% | | | | | | | | | | | | | | | | | | | | ______4 |Jef |6,4 |5,1 |78. |682 |470 |338 |71. |- |- |fer |98 |33 |99% |8 |3 |5 |98% |330 |4.8 |son | | | | | | | | |3% | | | | | | | | | | ______5 |Was |6,8 |4,3 |63. |682 |528 |313 |59. |38 |0.5 |hin |66 |80 |79% |8 |7 |1 |22% | |6% |gto | | | | | | | | | |n | | | | | | | | | ______6 |Sco |6,6 |4,3 |65. |682 |505 |307 |60. |- |- |tt |43 |71 |80% |8 |8 |3 |76% |185 |2.7 | | | | | | | | | |1% | | | | | | | | | | ______7 |NEW |7,0 |4,5 |64. |682 |455 |277 |61. |208 |3.0 | |36 |33 |43% |8 |1 |9 |06% | |5% | | | | | | | | | | ______8 |Eva |7,0 |569 |8.1 |682 |569 |382 |6.7 |179 |2.6 |ns |07 | |2% |8 |2 | |1% | |2% | | | | | | | | | | ______9 |Ade |7,0 |981 |13. |682 |555 |720 |12. |188 |2.7 |r |16 | |98% |8 |1 | |97% | |5% | | | | | | | | | | ______10 |Shi |6,9 |930 |13. |682 |512 |633 |12. |103 |1.5 |rle |31 | |42% |8 |2 | |36% | |1% |y | | | | | | | | |

______11 |Ste |7,1 |1,5 |21. |682 |531 |951 |17. |351 |5.1 |phe |79 |08 |01% |8 |8 | |88% | |4% |ns | | | | | | | | | ______12 |Tho |7,1 |1,9 |26. |682 |523 |120 |23. |326 |4.7 |mas |54 |18 |81% |8 |3 |9 |10% | |7% | | | | | | | | | | ______| |81, |33, |41. |682 |625 |228 | | | | |940 |690 |12% |8 |10 |83 | | | ______

______Largest | | |351 | |5.1 | | | Positive | | | | |4% | | | Deviation is: | | | | | | | | ______Largest | | |- | |- | | | Negative | | |330 | |4.8 | | | Deviation is: | | | | |3% | | | ______Overall Range | | |681 | |9.9 | | | in Deviation | | | | |7% | | | is: | | | | | | | | ______NOTE: Population figures include all annexations through those given first reading on September 22, 1992

______. . . The following is the effective District 2 population that results from subtracting 338 people who were former residents of Ansonborough Homes.

______| |Tot |Bla |Per |Ide |Tot |Bla |Per | | | |al |ck |cen |al |al |ck |cen | | | | | |t |Pop |18+ |18+ |t | | | | | |Bla |. | | |Bla | |

| | | |ck | | | |ck | | | | | | | | | |18+ | | ______| | ____ | | ______2 |Kin |620 |445 |71. |682 |451 |285 |63. | | |loc |1 |9 |91% |8 |2 |8 |34% | | |h | | | | | | | | |

The Mayor then reminded everyone the City Christmas Party would be December 18, 1996 at Gaillard Auditorium.

The Mayor noted the next City Council meeting would be the special meeting scheduled at 12:00 p.m., Monday, December 23, 1996 at City Hall as agreed upon earlier in this meeting.

There being no further business the meeting adjourned at 7:10 p.m.

VANESSA TURNER-MAYBANK Clerk of Council