COMMISSIONERS: Teddy Manos, Chair
Collin Bruner, Vice Chair
Eduardo Curry, Secretary-Treasurer
Dale Aren
Lisa King
Mattese Lecque
Brad Taggart
David Bennett, Executive Director Commission Update ______
August 12, 2020
Important Dates Commission Regular Meeting – Monday, August 17, 2020 - CCPRC Headquarters at 5:30 pm & online at www.charlestoncountyparks.com
Commission Meeting Agenda Highlights
Old Business:
None
New Business:
Planning and Capital Projects Update:
An overall update on the Planning and Capital Projects as well as the approved 5-Year Capital Improvements Plan Projects will be presented.
Action Items:
Besides the meeting minutes, three items will require Commission action on Monday evening (supplemental information attached).
ADA Access Audit Report: John McGovern of the WT Group, LLC Accessibility Practice will review their findings from the recent Americans with Disabilities Act Access Audit.
861 Riverland Drive Charleston, South Carolina 29412 (843) 762-2172 FAX (843) 762-2683 1 CHARLESTON COUNTY PARK AND RECREATION COMMISSION REGULAR COMMISSION MEETING 861 RIVERLAND DRIVE, CHARLESTON, SC, 29412 ONLINE AT WWW.CHARLESTONCOUNTYPARKS.COM MONDAY, AUGUST 17, 2020
AGENDA I.Call To Order And Welcome Manos
A. Introduction of Guests and Notification to Media
II. Public Comments & Presentations Manos
III. Approval of Minutes Manos
A. (ACTION) Approval of July 20, 2020 Regular Commission Meeting Minutes
IV. Old Business
A. None
V. New Business
A. Planning and Capital Projects Report Bowie B. Financial Report McManus a. (ACTION) 2020 Bond Resolution b. (ACTION) 2020 Park and Recreational Development (PARD) Grant Acceptance c. (ACTION) 2020 Federal Historic Preservation Grant (SC Department of Archives & History -SCDAH) Grant Acceptance C. ADA Access Audit Report Hutton
VI. Next Meeting
A. Regular Commission Meeting, Monday, September 21, 2020, 5:30pm at CCPRC Headquarters, Charleston, SC
2 UNAPPROVED MINUTES CHARLESTON COUNTY PARK & RECREATION COMMISSION REGULAR COMMISSION MEETING 861 RIVERLAND DRIVE, CHARLESTON, SC, 29412 MONDAY, JULY 20, 2020
Commission Members Present: Mr. Teddy Manos, Mr. Collin Bruner (via teleconference), Ms. Dale Aren (via teleconference), Ms. Lisa King (via teleconference), and Mr. Brad Taggart (via teleconference)
Commission Members Absent: Mr. Eduardo Curry, and Ms. Mattese Lecque
Staff Present: Mr. David Bennett Mr. Kevin Bowie, Mr. Charlie McManus, Mr. Phil Macchia, Ms. Gina Ellis- Strother, Mr. Greg Elliott (via teleconference), Ms. Jan Coulter (via teleconference), Ms. Patty Newshutz (via teleconference), Ms. Renee Dickinson (via teleconference), Mr. Steve Hutton (via teleconference), Mr. Tommy Hale (via teleconference), Mr. Brendon Boyd (via teleconference), Ms. Cole Thomas (via teleconference), Ms. Kayla Kozak (via teleconference), Mr. Avery Marchant (via teleconference), Ms. Lisa Knisley-White (via teleconference), Ms. Marcie Chiappone (via teleconference), Mr. Thomas McNerney (via teleconference), and Ms. Shanté Ellis
Legal Counsel Present: Mr. Dwayne Green (via teleconference)
Guests Present: None
I. Call to Order and Welcome
A. Introduction of Guests and Notification to Media
The Charleston County Park & Recreation Commission met on Monday, July 20, 2020 at the CCPRC Headquarters, Charleston, SC and virtually via www.charlestoncountyparks.com. Mr. Manos, Commission Meeting Chair, called the meeting to order and welcomed those in attendance. Mr. Manos informed those present that notification of the meeting was sent to the local news media and others requesting notification.
II. Public Comments and Presentations
A. Mr. Elliott introduced Cole Thomas, Parks Manager District II, and noted that she would be introducing this Summer’s interns. Mr. Elliott thanked Ms. Thomas and Mr. Michael Bradley, Parks Manager, for their work to make this year’s internship program possible despite the setbacks of COVID19. Ms. Thomas noted that they hosted nine virtual pre-training sessions for the interns. Thomas McNerney introduced himself as a Junior at USC in the fall and the current Marketing Intern. Kayla Kozak introduced herself as Palmetto Islands County Park’s Intern and a rising Senior at the College of Charleston. She stated that she was thankful for the internship during these uncertain times. Mr. Avery Marchant introduced himself as the Folly Beach County Park Intern and a Senior at Clemson University’s Park and Recreation Program. Mr. Brendan Boyd introduced himself as James Island County Park’s Intern from East Carolina University. The interns all noted their gratitude for the opportunity. Mr. Manos thanked the interns for their work on behalf of the Commission.
III. Approval of Minutes
A. (ACTION) Approval of minutes of June 15, 2020 Regular Commission Meeting
3 Regular Commission Meeting July 20, 2020 Page 2 of 4
Motion to approve the minutes of the June 15, 2020 Regular Commission Meeting with the recommended updates was made by Ms. King, seconded by Ms. Aren, and approved by the Commission. (#001-2021)
The motion passed unanimously (Mr. Bruner, Ms. Aren, Ms. King, and Mr. Taggart were affirmative votes via teleconference).
IV. Old Business
A. None
V. New Business
A. COVID 19 Park & Recreation Update
Mr. Macchia commended Mr. Elliott and Mr. Hutton for their flexibility while reopening the facilities. He noted that page 37-38 of the July Commission Report has customer service quotes that highlight how staff’s additional efforts are impacting the community. Mr. Macchia reviewed a list of programs and events that were well received. People still want to be out in the parks and want to get outside. He noted that last year’s attendance was 2.69M, but due to the facility closures this year’s attendance decreased to 2.34M. He noted that the loss of April had a major influence on attendance numbers as this is normally a huge month of programming and attendance. Waterparks attendance is lower. Beach facility attendance has been strong. Group attendance and shelter rentals have had a sharp decline. Caw Caw Interpretive Center, the Lighthouse Inlet, and SK8 Charleston’s attendance increased. We’ve had two successful waterpark and aquatic center safety audits.
Ms. Manos asked how the agency was impacted by Isle of Palms changes. Mr. Macchia noted that the lot has been requested by IOP to be fully parked.
B. Planning and Capital Projects Report
Mr. Bowie presented an update on the following Commission approved Capital Projects:
1. JICP Dock Construction o Construction is underway with concrete piles versus timber making the amenity more sustainable.
2. WCP Dog Park Construction o Construction is close to complete with a dog wash station, shade structures, dogbone concrete pavescaping, and landscaping. o The new building will have an IT fiber optic cable for wireless and security.
3. Folly Beach Groin Escrow o $250,000 is currently in five-year escrow as a condition of the 2013 construction permit. The term is up and the Bank needs to return the escrow to CCPRC. OCRM has agreed that the escrow can be returned if the Commission restricts $100,000 in CIP for the Folly Groin. Staff recommend $100,000 should be restricted for the FBCP Groin and to restrict the other $150,000 to assist with other Folly Beach Groins.
4 Regular Commission Meeting July 20, 2020 Page 3 of 4
o Mr. Manos asked how CCPRC acquired the additional Groins. Mr. Bowie noted that it was transferred by the US Coast Guard and maintenance is needed.
4. Consultant Services for Natural Resource Management o Mr. Bowie noted that three firms responded to the publicly advertised request for proposal. The one-year contract includes four additional one-year options.
a. (INFO) Change Directive Wannamaker County Park Dog Park
Mr. Bowie noted that Executive staff approved the following change directives to allow the Wannamaker County Park Dog Park project to continue to work towards its Certificate of Occupancy: • Charleston Water System and Vortex - $27,953; • Transformer Location - $2,317; and • Data Wiring and Termination - $1,748.
C. Financial Report
Mr. McManus presented and reviewed the checks over $7500 and financial reports for the month of May. Mr. McManus noted that in May the agency met the breakeven point. He noted that currently through June 30 the budget is down $2.6M on the bottom line. The waterparks delayed opening and lower attendance thresholds have contributed to the downturn. The challenge is to look at this current quarter and how it will impact the future. Mr. McManus noted that Executive Management is reviewing the data daily and discussing weekly during the Executive Management meetings. Mr. Manos asked Mr. McManus to discuss the reserves. Mr. McManus noted that the reserves will depend on the amount of transfers. He stated we have $2M earmarked to be transferred, but still have $15-16M. He noted that it is difficult to pin down exactly how well things will be based on customer attendance. 70% of the costs are labor related. Mr. Manos asked if we have enough in reserves. Mr. McManus confirmed. There were no further questions from the Commission. Mr. Bruner asked if the budget Mr. McManus was referring to was the current or the future. Mr. McManus stated that both are currently under review and adjustments will need to be made. Mr. Bennett noted that a decision about the waterparks and Holiday Festival of Lights is being discussed by Executive Management. Mr. Bennett noted that the following four things contributed to the success: 1. Baker 2. Transfer of $1M 3. Foundation Loan Forgiveness 4. $1M in additional tax revenue Mr. Manos noted that Commissioners should reach out to staff to share their thoughts and input on the current open status of the facilities. Mr. Manos noted that revenues at 25% and Mr. McManus confirmed that a similar trend could be possible for July and August.
Mr. Manos thanked the staff for their diligent efforts.
a. (ACTION) Folly Beach Groin Funds – Restriction Approval
Motion to restrict $100,000 in the CIP Self-Funded bank account to be used for mitigation or beach renourishment costs related to the Folly Beach Groin upon the written request of OCRM and the restriction will be shown on the Commission’s annual Audited Financial Statements
5 Regular Commission Meeting July 20, 2020 Page 4 of 4
until such time as the funds are released by OCRM was made by Ms. Aren, seconded by Ms. King, and approved by the Commission. (#002-2021)
The motion passed unanimously (Mr. Bruner, Ms. Aren, Ms. King, and Mr. Taggart were affirmative votes via teleconference).
b. (ACTION) Consultant Services for Natural Resource Management, 2020-025 – Contract Award
Motion to enter into a contract with Sabine & Waters, Inc. for Consultant Services for Natural Resource Management for $60,000 in the base year with the option to exercise four additional one-year options with funds coming from the approved General Agency Budget line was made by Ms. King, seconded by Mr. Bruner, and approved by the Commission. (#003-2021)
The motion passed unanimously (Mr. Bruner, Ms. Aren, Ms. King, and Mr. Taggart were affirmative votes via teleconference).
VIII. Next Meeting
Regular Commission Meeting, Monday, August 17, 2020, 5:30pm at CCPRC Headquarters, Charleston, SC
There being no further business, the meeting adjourned at 6:28 pm.
Respectfully submitted,
Teddy Manos, Chair Shanté Ellis, Executive Administrative Manager
6 June 2020 Checks over $7,500
Date Check # Vendor Description Amount General Agency 6/4/2020 3035506 State Accident Fund Workers Compensation Adj & Est $ 56,210.00 6/18/2020 3035594 Adams Outdoor Advertising Weather Billboard - May $ 7,700.00
Capital Improvement Projects 6/18/2020 270 Envirosmart Inc WCP Dog Park Construction $ 122,648.40 6/25/2020 271 Southcon Building Group Llc FBCP Final Dunes House Pay App #16 $ 105,926.17
7 Combined General Agency Operations June, 2020
Combined Revenues Prior YTD Actuals Year To date Actuals Current Year Budget % of Budget Support Services 17,254,260 17,731,128 16,797,419 106% Park Services 14,812,602 11,297,124 14,435,047 78% Recreation Services 1,519,972 1,069,597 1,761,350 61% Total Revenue 33,586,834 30,097,849 32,993,816 91%
Combined Expenses Support Services 8,559,801 10,227,712 9,832,683 104% Park Services 16,734,625 17,168,997 18,015,364 95% Recreation Services 4,224,454 4,071,784 4,573,356 89% Total Expenses 29,518,880 31,468,493 32,421,403 97% Net Operating Income 4,067,954 (1,370,644) 572,413
Transfers In 292,356 30,086 112,500 27% Transfers Out 3,176,208 1,297,705 1,304,000 100% Change in Fund Balance 1,184,102 (2,638,263) (619,087)
Fund Balance Statement Change in Fund Balance 1,184,102 (2,638,263) (619,087) Fund Balance‐ Beginning of Year 19,150,291 20,334,393 20,334,393 Change in Fund Balance 20,334,393 17,696,130 19,715,306
8 Support Services June, 2020
Revenues Prior YTD Actuals Year To date Actuals Current Year Budget % of Budget Administration Millage 16,802,723 17,352,159 16,456,729 105% Administration‐ Other 451,537 378,969 340,690 111% Total Revenue 17,254,260 17,731,128 16,797,419 106%
Expenses Administration 1,148,105 2,365,952 1,588,693 149% Executive 1,439,630 1,419,296 1,390,118 102% Financial Services 824,858 805,124 894,907 90% Human Resources 619,643 742,315 708,825 105% Information Technology 1,642,700 1,852,797 2,043,193 91% Marketing 978,431 1,008,701 1,105,618 91% Park and Program Services 532,172 564,085 571,430 99% Planning and Development 988,370 1,059,126 1,080,898 98% Safety 385,891 410,317 449,001 91% Total Expenses 8,559,800 10,227,713 9,832,683 104% Net Operating Income 8,694,460 7,503,415 6,964,736
Transfers In 292,356 30,086 112,500 27% Transfers Out 3,176,208 1,297,705 1,304,000 100%
Change in Fund Balance 5,810,608 6,235,796 5,773,236
9 Park Services June, 2020
Revenues Prior YTD Actuals Year To date Actuals Current Year Budget % of Budget Administration 94,992 23,305 67,250 35% Caw Caw Interpretive Center 42,868 44,825 51,390 87% Cooper River Marina 1,024,757 911,729 938,304 97% Folly Beach County Park 468,043 349,417 482,220 72% Folly Beach Fishing Pier 1,302,583 1,045,279 959,133 109% Isle of Palms County Park 836,603 707,748 836,170 85% James Island County Park 5,558,112 4,540,692 5,525,500 82% Johns Island County Park 106,711 108,332 145,915 74% Kiawah Beachwalker Park 322,666 285,519 375,710 76% Lake House at Bulow 122,642 90,050 155,070 58% Laurel Hill Plantation 5,973 3,186 7,695 41% McLeod Plantation 403,096 338,299 462,240 73% Mount Pleasant Palmetto Islands County Park 717,757 440,105 708,160 62% Mount Pleasant Pier 307,443 246,068 323,515 76% North Charleston Wannamaker County Park 3,401,152 2,026,961 3,253,290 62% Old Towne Creek County Park 13,200 4,550 5,000 91% SK8 Charleston 80,763 119,414 126,655 94% Stono River Park 0 2,928 2,430 120% West County Aquatics Center 3,240 8,717 9,400 93% Total Revenue 14,812,601 11,297,124 14,435,047 78%
Expenses Administration 1,231,517 1,333,336 1,372,763 97% Caw Caw Interpretive Center 287,434 299,000 318,567 94% Cooper River Marina 514,292 861,610 577,030 149% Folly Beach County Park 419,961 431,937 451,981 96% Folly Beach Fishing Pier 1,162,738 1,153,020 1,041,768 111% Isle of Palms County Park 652,786 652,565 734,082 89% James Island County Park 4,582,416 4,579,705 4,936,967 93% Johns Island County Park 441,111 396,557 481,830 82% Kiawah Beachwalker Park 280,502 331,190 367,431 90% Lake House at Bulow 155,801 126,663 145,382 87% Laurel Hill Plantation 19,443 39,693 52,491 76% McLeod Plantation 293,778 241,070 309,341 78% Mount Pleasant Palmetto Islands County Park 1,137,276 1,154,163 1,289,433 90% Mount Pleasant Pier 470,410 481,295 491,401 98% North Charleston Wannamaker County Park 2,954,436 3,063,900 3,219,682 95% Old Towne Creek County Park 56,915 23,156 46,058 50% SK8 Charleston 258,700 223,496 275,396 81% Stono River Park 235 29,418 28,595 103% Undeveloped Properties & HQ Maintenance 1,744,825 1,649,911 1,727,673 95% West County Aquatics Center 70,049 97,312 147,493 66% Total Expenses 16,734,625 17,168,997 18,015,364 95% Change in Fund Balance (1,922,024) (5,871,873) (3,580,317)
10 Recreation Services June, 2020
Revenue Prior YTD Actuals Year To date Actuals Current Year Budget % of Budget Accessibility 4,923 3,202 5,935 54% Community Recreation 208,398 134,310 202,450 66% Interpretive 128,238 91,028 142,500 64% Outdoor 635,511 511,770 779,495 66% Special Events 368,612 183,810 408,150 45% Runs, Races & Fitness 174,290 145,477 222,820 65% Total Revenue 1,519,972 1,069,597 1,761,350 61%
Expenses Administration 578,639 590,031 642,161 92% Accessibility 26,142 23,413 31,798 74% Community Recreation 1,023,885 1,025,895 1,044,331 98% Interpretive 657,757 688,928 769,984 89% Outdoor 1,104,093 1,080,319 1,224,899 88% Special Events 481,291 377,906 506,721 75% Runs, Races & Fitness 352,647 285,293 353,462 81% Total Expenses 4,224,454 4,071,785 4,573,356 89% Change in Fund Balance (2,704,482) (3,002,188) (2,812,006)
11
MEMORANDUM
TO: David Bennett FROM: Charles McManus DATE: August 11, 2020 RE: 2020 Bond Resolution
In 2017 the Commission received approval from Charleston County Council to issue an amount of General Obligation debt not to exceed $45,000,000. The Commission issued $25,000,000 worth of General Obligation Bonds in September, 2017 and has until December 31, 2020 to issue the remaining $20,000,000. In order to proceed with the bond issuance, we will need to have the Commission adopt a resolution which authorizes the Executive Director to authorize and approve, with the consent of the chair, to borrow funds not to exceed $20,000,000 from the institution that provides the lowest total borrowing cost to the Commission. It is our current plan to distribute the bidding information to prospective lenders in September, 2020 and to receive proposals for review in October, 2020. Jeremy Cook of Haynesworth Sinkler Boyd, PA, the Commission’s bond counsel on this issue will be in attendance at the meeting to answer any questions concerning the Statement or bond sale.
Recommend approval of the Bond Resolution authorizing the sale of not to exceed $20,000,000.00 of General Obligation Bonds until December 31, 2020.
Rev 2020 12
A RESOLUTION
TO PROVIDE FOR THE ISSUANCE AND SALE OF NOT EXCEEDING $20,000,000 GENERAL OBLIGATION BONDS OF CHARLESTON COUNTY PARK AND RECREATION DISTRICT, IN CHARLESTON COUNTY, SOUTH CAROLINA, TO PRESCRIBE THE PURPOSES FOR WHICH THE PROCEEDS SHALL BE EXPENDED, TO PROVIDE FOR THE PAYMENT THEREOF, AND OTHER MATTERS RELATING THERETO.
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BE IT RESOLVED BY THE COMMISSION OF THE CHARLESTON COUNTY PARK AND RECREATION DISTRICT, IN MEETING DULY ASSEMBLED:
ARTICLE I
FINDINGS
In connection with the adoption of this Resolution providing for the issuance of general obligation bonds, the Charleston County Park and Recreation Commission (the “Commission”), the governing body of Charleston County Park and Recreation District (the “District”), makes the following findings:
Section 1.01. Recital of Initial Statutory Authorization
The District was created by Act No. 1595 of the Acts and Joint Resolutions of the General Assembly of the State of South Carolina for the year 1972. As such, it is a special purpose district created prior to March 7, 1973, the date the Home Rule amendment to Article VIII of the State Constitution was ratified by the General Assembly and became law. The Supreme Court of South Carolina has held that Article VIII prohibits the General Assembly, subsequent to March 7, 1973, from adopting special legislation for specific counties.
Recognizing that Article VIII of the State Constitution prohibits special laws for specific counties, the General Assembly in 1974 decided “a general law should be enacted giving to the governing bodies of all counties the power to authorize special purpose districts situate in such counties to issue bonds”. Accordingly, the General Assembly adopted
“AN ACT TO AUTHORIZE THE GOVERNING BODIES OF ALL COUNTIES OF THE STATE WHEREIN EXIST SPECIAL PURPOSE DISTRICTS CREATED PRIOR TO MARCH 7, 1973, TO ISSUE BONDS OF SUCH DISTRICTS IN FURTHERANCE OF POWERS EXISTING IN SUCH DISTRICTS AS OF MARCH 7, 1973; TO PROVIDE THE PROCEDURES PURSUANT TO WHICH SUCH BONDS MAY BE ISSUED; TO PRESCRIBE THE TERMS AND CONDITIONS UNDER WHICH BONDS MAY BE ISSUED AND THEIR PROCEEDS EXPENDED; TO MAKE PROVISION FOR THE PAYMENT OF SUCH BONDS AND TO VALIDATE ALL BONDS OF SUCH DISTRICTS ISSUED OR SOLD PRIOR TO THE EFFECTIVE DATE OF THIS ACT”
This measure, now codified as Sections 6-11-810 to 6-11-1040 of the Code of Laws of South Carolina, 1976, as amended, was approved on July 9, 1974, (the “Enabling Act”). It empowers Charleston County Council to authorize the Commission to issue general obligation bonds to provide funds to be used in the furtherance of any power or function committed to the District and in effect on March 7, 1973.
As a result of both Article VIII of the State Constitution and the Enabling Act, it is necessary to review Act 1595 of the 1972 Acts of the General Assembly in order to determine the purposes for which the Commission may issue general obligation bonds of the District. In that legislation, the General Assembly created the District as “a body politic” to be governed by seven resident electors appointed by the Governor upon recommendation of several different entities. The Commission was charged with 24 powers chiefly relating to the responsibility of establishing and operating “county parks, tourist attractions and other facilities of like nature.”
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The Commission previously determined that general obligation bonds should be issued to fulfill some of the responsibilities imposed upon it by the General Assembly.
Following the procedures required by the General Assembly and Charleston County Council, the following steps were taken:
The Commission held a Public Hearing in the District on March 20, 2017, after notice of such Public Hearing was published on March 2, 9 and 16, 2017. The stated purpose of the public hearing was to discuss the issuance of general obligation bonds for the purpose of providing funds to defray the cost of the acquisition of certain property and the cost of renovations and improvements to the facilities of the District pursuant to the District's capital improvement projects plan, as well as costs of issuance. Such projects include, but are not limited to, stabilization work at McLeod Plantation, construction of a new dog park and a waterpark attraction at Wannamaker County Park, construction of a new waterpark attraction at James Island County Park, construction and stabilization work at Folly Beach County Park, at Palmetto Islands County Park and to the Folly Beach Pier, construction of rural recreation facilities including the design and construction of a pool, and design and construction work for Old Towne Park (collectively, the “Project”). Subsequent to the Public Hearing, a Resolution was adopted by the Commission asking that County Council consider the question of approving not exceeding $45,000,000 of general obligation bonds in one or more series.
County Council held a Public Hearing on May 9, 2017, after notice of such Public Hearing was published on April 14, 21 and 28, 2017. On June 6, 2017, County Council adopted an Ordinance approving the issuance of general obligation bonds in the amount of not exceeding $45,000,000 to be issued as a single issue or from time to time as several separate issues, as the District shall determine; provided the series of general obligation bonds authorized by such Ordinance shall be issued no later than December 31, 2020. The District initially issued $25,000,000 General Obligation Bonds of 2017 dated September 7, 2017, authorized under the Ordinance to defray the cost of a portion of the Project.
Section 1.02. Use of Proceeds of Bonds
The proceeds of the Bonds shall be applied to defray the cost of the remaining portion of the Project as well as costs of issuance of the Bonds. In order to provide funds with which to further defray the cost of the Project, the Commission has determined to issue not exceeding $20,000,000 of general obligation bonds of the District.
Section 1.03. Recital of Applicable Constitutional and Statutory Provisions
Section 14(7)(a) of Article X of the Constitution of the State of South Carolina established for each special purpose district a debt limitation of 8% of the assessed value of all taxable property located therein for general obligation debt incurring without an election. At the time authorization to issue not exceeding $45,000,000 was given (as described under “Recital of Initial Statutory Authorization” above), the total assessed value of all taxable property located within the District was $3,518,529,158 which permits a total debt limit of $281,482,333. The District has outstanding $38,465,000 general obligation indebtedness chargeable to its 8% debt limitation.
Section 1.04. Decision to Issue Bonds
On the basis of the foregoing, the Commission has determined to issue general obligation bonds of the District, the proceeds of which shall be used to defray the cost of the Project.
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Section 1.05. Ability to Meet Requirements of Certain Federal Legislation
The “Internal Revenue Code” includes amendments to the provisions of the Internal Revenue Code that relate to tax-exempt obligations such as the Bonds which include use and expenditure of the proceeds of the tax-exempt obligations and the use of facilities financed with such proceeds. The Commission hereby covenants to comply with all the restrictions and covenants of the Internal Revenue Code of 1986.
In order to comply with any requirements of Section 148(f) of the Internal Revenue Code of 1986 which may apply to the Bonds, the Commission covenants to establish a separate and segregated Rebate Fund on the first date upon which it is established that rebatable amounts must be set aside for future payment to the U. S. Government. In this connection, the amounts deposited therein shall not be subject to a security interest, pledge or lien in favor of the owner of any Bonds.
The Commission further covenants to comply with the provisions of Section 148 (f) of the Code and applicable Treasury Regulations thereunder pertaining to the permitted purchase price of investments, the time of rebate calculation, the setting aside of necessary amounts in the Rebate Fund and the timely payment to the U. S. Government of all amounts owing thereto. In addition, the Commission covenants to maintain adequate records and accounting procedures in order to accomplish the foregoing.
The Commission will take such further action as is necessary to preserve the exclusion from gross income for federal income tax purposes of interest earned on the Bonds.
Section 1.06. Filing with Central Depository
Pursuant to Section 11-1-85, Code of Laws of South Carolina, 1976, as amended, the District when requested shall file an independent audit with a central repository and to file with a central repository event specific information within thirty days of an event adversely affecting more than five percent of revenue or its tax base.
Section 1.07. Undertaking to Provide Ongoing Disclosure
The Commission has entered into a contract with Digital Assurance Certification, L.L.C., as exclusive Disclosure Dissemination Agent (the “Disclosure Dissemination Agent” or “DAC”) for the benefit of the Bondholders and in order to provide certain continuing disclosure with respect to obligations of the Commission in accordance with Rule 15c2-12 of the United States Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. The Commission hereby covenants and agrees that it will comply with and carry out all of the provisions of the Disclosure Dissemination Agent Agreement attached hereto as Exhibit B. Notwithstanding any other provision of this Resolution, failure of the Commission to comply with the Disclosure Dissemination Agent Agreement shall not be considered an event of default hereunder; however, any Bondholder may take may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Commission to comply with its obligations under this Section. The Disclosure Dissemination Agent Agreement shall be executed by an Authorized Officer prior to the delivery of the Bonds and shall be in such form as is set forth in Exhibit B hereto, together with such modifications and amendments thereto as shall be deemed necessary by such Authorized Officer, upon advice of counsel. The execution of the Disclosure Dissemination Agent Agreement shall constitute conclusive evidence of the approval by the person executing the same of any and all modifications and amendments thereto.
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ARTICLE II
DEFINITIONS AND CONSTRUCTION
Section 2.01. Definitions
As used in this Resolution unless the context otherwise requires, the following terms shall have the following respective meanings:
“Authorized Investments” mean and include any investments permitted by Section 6-5-10, Code of Laws of South Carolina, 1976, as amended.
“Authorized Officer” means the Chairman or the Vice-Chairman of the Commission and the Executive Director or the Chief Financial Officer of the District, and any other officer or employee of the Commission or the District designated from time to time as an Authorized Officer by resolution of the Commission or a certificate signed by the Chairman or the Vice-Chairman of the Commission.
“Bond” or “Bonds” means any of the Bonds of the District authorized by this Resolution.
“Bondholder” or “Holder” or “Holders of Bonds” or “Owner” or similar term means, when used with respect to a Bond or Bonds, any person who shall be registered as the owner of any Bond Outstanding.
“Bond Payment Date” means each February 1 and August 1 on which the Principal Installment and/or interest shall be payable on any of the Bonds, or such other dates selected by the Executive Director of the District.
“Bonds” or “Series of Bonds” means the General Obligation Bonds authorized by this Resolution.
“Commission” means the Charleston County Park and Recreation Commission, the governing body of the District or any successor governing body of the District.
“Corporate Trust Office”, when used with respect to any Paying Agent or Registrar, means the office at which its principal corporate trust business shall be administered.
“District” means the Charleston County Park and Recreation District, in Charleston County, South Carolina.
“District Request” means a written request of the District signed by an Authorized Officer.
“Enabling Act” means Act No. 1189 of the 1974 Acts of the General Assembly of the State of South Carolina as amended.
“Fiduciary” means the Paying Agent, the Registrar and their successors and assigns.
“Government Obligations” means and includes direct general obligations of the United States of America or agencies thereof or obligations, the payment of principal or interest on which, in the opinion of the Attorney General of the United States, is fully and unconditionally guaranteed by the United States of America.
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“Outstanding”, when used in this Resolution with respect to Bonds means as of any date, all Bonds theretofore authenticated and delivered pursuant to this Resolution except:
(a) any Bond cancelled or delivered to the Registrar for cancellation on or before such date;
(b) any Bond (or any portion thereof) deemed to have been paid in accordance with the provisions of Section 6.01 hereof and;
(c) any Bond in lieu of or in exchange for which another Bond shall have been authenticated and delivered pursuant to Section 3.11 of the Resolution.
“Paying Agent” means any bank, trust company or national banking association which is authorized, to pay the principal of or interest on any Bonds and having the duties, responsibilities and rights provided for in this Resolution, and its successor or successors and any other corporation or association which at any time may be substituted in its place pursuant to this Resolution. The institution named as Paying Agent may also act as Registrar.
“Person” means an individual, a partnership, a corporation, a trust, a trustee, an unincorporated organization, or a government or an agency or political subdivision thereof.
“Principal Installment” means, as of any date of calculation, the principal amount of all Bonds due on a specified date.
“Record Date” means the 15th day of the month immediately preceding each Bond Payment Date.
“Resolution” means this Resolution as the same may be amended or supplemented from time to time in accordance with the terms hereof.
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ARTICLE III
ISSUANCE OF BONDS
Section 3.01. Ordering the Issuance of Bonds
Pursuant to the provisions of the Enabling Act, and for the purpose of obtaining funds to finance the cost of the Project, there shall be issued not exceeding $20,000,000 of general obligation bonds of the District.
Section 3.02. Maturity Schedule of Bonds
The Bonds shall be dated as of the date of delivery and shall mature on the dates and in the principal amounts as determined by the Executive Director; provided that none of the Bonds may mature after December 31, 2045. The Bonds shall bear interest at rates determined in the manner prescribed by Section 3.15 hereof. Unless otherwise determined by the Executive Director, interest on the Bonds shall be payable on February 1 and August 1, beginning on such date as determined by the Executive Director.
Bidders may combine two or more consecutive maturities of Bonds to create term maturities, each of which will be subject to annual mandatory sinking fund redemption at par plus accrued interest to the redemption date (to the extent not previously redeemed) in the principal amounts for the years shown above on February 1 of such year. To the extent Bonds subject to mandatory sinking fund redemption in a given year have been purchased by the District or redeemed by the District pursuant to the optional redemption provisions set forth above, the amount of mandatory sinking fund redemption in such year shall be reduced in such manner as the District shall direct, or, absent such direction, on a pro rata basis.
Pursuant to the provisions of Section 4.01 hereof, the Bonds have been made subject to redemption at the option of the District.
Section 3.03. Provision for Payment of Interest on the Bonds
The Bonds shall be authenticated on such dates as they shall, in each case, be delivered. Unless otherwise determined by the Executive Director, the Bonds shall bear interest from the February 1 or the August 1 to which interest has been paid next preceding the authentication date thereof, unless the authentication date thereof is on February 1 or August 1, in which case, from such authentication date, or from the February 1 or the August 1 to which interest has last been paid, or if dated prior to the first payment of interest, then from the date of delivery. The interest to be paid on any Bond Payment Date shall be paid to the Person to whose name such Bond is registered at the close of business on the Record Date next preceding such Bond Payment Date.
Section 3.04. Medium of Payment; Form and Denomination of Bonds; Place of Payment of Principal
(a) The Bonds shall be payable as to Principal Installment and interest at the rates per annum determined in the manner prescribed by Section 3.15 hereof (on the basis of a 360 day year of twelve 30- day months) in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts.
(b) Book-Entry Bonds
(i) If the Bonds are issued in book-entry from, as provided in paragraph (iii) of this subsection (b), the Bonds shall be held under a book-entry only system administered in the name
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of the Nominee. Payment of interest on any Bonds registered in the name of the Nominee shall be made by New York Clearing House or equivalent next day funds to the account of the Nominee on the Bond Payment Date for the Bonds at the address indicated for the Nominee on the registration books kept by the Registrar.
(ii) The Bonds shall be initially issued in the form of separate, single, authenticated fully registered Bonds in the amount of each separately stated maturity of the Bonds. Upon initial issuance, the ownership of each such Bond shall be registered on the registration books kept by the Registrar in the name of the Nominee. The Registrar and Paying Agent and the District may treat the Securities Depository (or the Nominee) as the sole and exclusive owner of the Bonds registered in the name of the Nominee for the purpose of (A) paying the principal of, or interest on, the Bonds, (B) giving any notice permitted or required to be given to Owners of Bonds hereunder, (C) registering the transfer of Bonds, (D) obtaining any consent or other action to be taken by the Owners of the Bonds and for all other purposes whatsoever; and neither the Registrar and Paying Agent nor the District shall be affected by any notice to the contrary. Neither the Registrar and Paying Agent nor the District shall have any responsibility or obligation to any Participant, any Beneficial Owner or any other person claiming a beneficial ownership interest in the Bonds under or through the Securities Depository or any Participant, or any other person which is not shown on the registration books of the Registrar as being an Owner of Bonds, with respect to (E) the accuracy of any records maintained by the Securities Depository or any Participant; (F) the payment to the Securities Depository, any Participant or any Beneficial Owner of any amount in respect of the principal of, or interest on, the Bonds; (G) any notice which is permitted or required to be given to Owners of the Bonds hereunder; (H) the selection by the Securities Depository or any Participant or any other person to receive payment in the event of a partial redemption of the Bonds; or (I) any consent given or other action taken by the Securities Depository as such Owner. The Paying Agent shall pay all principal of and premium, if any, and interest on the Bonds only to the Securities Depository (or the Nominee), and all such payments shall be valid and effectual with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. Except as provided in paragraph (iii) below, no person other than the Securities Depository shall receive an authenticated bond. Upon delivery by the Securities Depository to the Registrar and Paying Agent of written notice to the effect that the Securities Depository has determined to substitute a new Nominee in place of Cede & Co., the Bonds shall be transferable to such new Nominee in accordance with the provisions hereof.
(iii) In the event the District determines that it is in the best interests of the District not to continue the book-entry only system of transfer with respect to the Bonds, or that the interests of the Beneficial Owners might be adversely affected in the book-entry only system of transfer is continued with respect to the Bonds, then the District may notify the Securities Depository and the Registrar and Paying Agent, whereupon the Securities Depository will notify the Participants of the availability through the Securities Depository of bonds. In such event, the Registrar and Paying Agent shall issue, transfer and exchange bonds as requested by the Securities Depository and any Participant or Beneficial Owner in appropriate amounts in accordance herewith. The Securities Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the District and the Registrar and Paying Agent and discharging its responsibilities with respect thereto under applicable law or the District may determine that the Securities Depository is incapable of discharging its duties as such and may so advise the Securities Depository. In either such event, the District shall either (A) establish its own book-entry system, (B) select another Securities Depository, or (C) deliver bonds as provided herein and as requested by any Participant or Beneficial Owner.
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(iv) Notwithstanding anything in this Resolution to the contrary, the District and the Registrar and Paying Agent hereby agree as follows with respect to the Bonds, if and to the extent any Bond is registered in the name of “Cede & Co.” as nominee of DTC: (A) the Registrar and Paying Agent shall give DTC all special notices required by the Letter of Representations at the times, in the forms and by the means required by the Letter of Representations; (B) the Registrar and Paying Agent shall make payments to Cede & Co. at the times and by the means specified in the Letter of Representations; (C) Cede & Co. shall not be required to surrender Bonds which have been partially paid or prepaid to the extent permitted by the Letter of Representations; and (D) the Registrar and Paying Agent shall set a special record date (and shall notify the registered owners of the Bonds thereof in writing) prior to soliciting any Holder consent or vote, such notice to be not less than 15 calendar days prior to such record date (any Bond transferred by a registered owner subsequent to the establishment of the special record date and prior to obtaining such consent or vote shall have attached to it a copy of the notice of Holders by the Registrar and Paying Agent).
(v) The District and the Registrar and Paying Agent will recognize DTC or its nominee as the Holder for all purposes hereunder, including notices and voting.
(vi) Whenever, during the term of the Bonds, beneficial ownership thereof is determined by a book entry at DTC, the requirements in this Resolution of holding, delivering or transferring Bonds shall be deemed modified to require the appropriate person to meet the requirements of DTC as to registering or transferring the book entry to produce the same effect.
(c) Form of Bonds
The Bonds and the form of assignment thereon shall be substantially in the form thereof set forth in Exhibit A hereto with any omissions, insertions and variations which may be authorized or permitted by or consistent with this Resolution.
The Bonds shall be negotiable instruments and shall express the purpose for which they are authorized, executed and delivered and any other statements or legends which may be required by law. Each Bond shall be of a single maturity.
Section 3.05. Agreement to Maintain Registrar and Paying Agent
As long as any of the Bonds remain Outstanding there shall be a Registrar and a Paying Agent each of which shall be a financial institution maintaining Corporate Trust Offices where (i) the Bonds may be presented for registration of transfers and exchanges, (ii) notices and demands to or upon the District in respect of the Bonds may be served, and (iii) the Bonds may be presented for payment, exchange and transfer. A financial institution selected by the Executive Director of the District shall act as both Paying Agent and Registrar.
Section 3.06. Execution and Authentication
(a) The Bonds shall be executed in the name and on behalf of the District by the manual or facsimile signature of an Authorized Officer or Officers, with its corporate seal (or a facsimile thereof) impressed, imprinted or otherwise reproduced thereon, and attested by the manual or facsimile signature of its Secretary or other Authorized Officer (other than the officer or officers executing such Bonds). Bonds bearing the manual or facsimile signature of any Person authorized to sign the Bonds at the time such Bonds were so executed shall bind the District notwithstanding the fact that his or her authorization may have ceased prior to the authentication and delivery of such Bonds.
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(b) No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless there shall be endorsed on such Bond a certificate of authentication in the form set forth in the Resolution, duly executed by the manual signature of the Registrar and such certificate of authentication upon any Bond executed on behalf of the District shall be conclusive evidence that the Bond so authenticated has been duly issued hereunder and that the Holder thereof is entitled to the benefit of the terms and provisions of the Resolution.
Section 3.07. Exchange of Bonds
Bonds, upon surrender thereof at the office of the Registrar with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered Holder or his duly authorized attorney, may, at the option of the registered Holder thereof, be exchanged for an equal aggregate principal amount of Bonds in authorized denominations of the same interest rate, maturity and redemption provisions. So long as any of the Bonds remain Outstanding, the District shall make all necessary provisions to permit the exchange of Bonds at the Corporate Trust Office of the Registrar.
Section 3.08. Transferability and Registry
All Bonds shall at all times, when the same are Outstanding, be payable, both as to Principal Installment and interest to a Person, and shall be transferable, only in accordance with the provisions for registration and transfer contained in the Resolution and in the Bonds. So long as any of the Bonds remain Outstanding, the District shall maintain and keep, at the office of the Registrar, books for the registration and transfer of Bonds, and, upon presentation thereof for such purpose at the Corporate Trust Office of the Registrar, the District shall register or cause to be registered therein, and permit to be transferred thereon, under such reasonable regulations as it or the Registrar may prescribe, any Bond. So long as any of the Bonds remain Outstanding, the District shall make all necessary provisions to permit the transfer of Bonds at the Corporate Trust Office of the Registrar.
Section 3.09. Transfer of Bonds
Each Bond shall be transferable only upon the books of the District, which shall be kept for such purpose at the Corporate Trust Office of the Registrar which shall be maintained for such purpose by the Registrar, upon presentation and surrender thereof by the Holder of such Bond in person or by his attorney duly authorized in writing, together with a written instrument of transfer satisfactory to the Registrar duly executed by the registered Holder or his duly authorized attorney. Upon surrender for transfer of any such Bond, the District shall execute and the Registrar shall authenticate and deliver, in the name of the Person who is the transferee, one or more new Bonds of the same aggregate principal amount and maturity and rate of interest as the surrendered Bond. All action taken by the Registrar pursuant to this Section shall be deemed to be the action of the District.
Section 3.10. Regulations with Respect to Exchanges and Transfers
All Bonds surrendered in any exchanges or transfers shall forthwith be cancelled by the Registrar. For each such exchange or transfer of Bonds, the District or the Registrar may make a charge sufficient to reimburse it or them for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the Holder requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The District shall not be obligated to issue, exchange or transfer any Bond during the 15 days next preceding any Bond Payment Date of the Bonds.
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Section 3.11. Mutilated, Destroyed, Lost and Stolen Bonds
(a) If any mutilated Bond is surrendered to the Registrar and the Registrar or the District receive evidence to their satisfaction of the destruction, loss or theft of any Bond, and there is delivered to the Registrar, or the District such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice that such Bond has been acquired by a bona fide purchaser, the District shall execute, and upon District Request, the Registrar shall authenticate and deliver, in exchange for any such mutilated Bond or in lieu of any such destroyed, lost or stolen Bond, a new Bond of like tenor and principal amount, bearing a number unlike that of a Bond contemporaneously Outstanding. The Registrar shall thereupon cancel any such mutilated Bond so surrendered. In case any such mutilated, destroyed, lost or stolen Bond has become or is to become due and payable within one year, the District in its discretion may, instead of issuing a new Bond, pay such Bond.
(b) Upon the issuance of any new Bond under this Section, the District may require the payment of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto and any other expenses, including counsel fees or other fees, of the District or the Registrar connected therewith.
(c) Each new Bond issued pursuant to this Section in lieu of any destroyed, lost or stolen Bond, shall constitute an additional contractual obligation of the District, whether or not the destroyed, lost or stolen Bond shall at any time be enforceable by anyone, and shall be entitled to all the benefits hereof equally and proportionately with any and all other Bonds duly issued pursuant to the Resolution. All Bonds shall be held and owned upon the express condition that the foregoing provisions are exclusive with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds or securities.
Section 3.12. Holder As Owner of Bond
The District, the Registrar and any Paying Agent may treat the Holder of any Bond as the absolute owner thereof, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the Principal Installment of and interest on such Bond and for all other purposes, and payment of the Principal Installment and interest shall be made only to, or upon the order of, such Holder. All payments to such Holder shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the District nor any Paying Agent shall be affected by any notice to the contrary.
Section 3.13. Cancellation of Bonds
The Registrar shall destroy all Bonds surrendered to it for cancellation and shall deliver a certificate to that effect to the District. No such Bonds shall be deemed Outstanding under the Resolution and no Bonds shall be issued in lieu thereof.
Section 3.14. Payments Due on Saturdays, Sundays and Holidays
In any case where the Bond Payment Date shall be a Saturday or Sunday or shall be, at the place designated for payment, a legal holiday or a day on which banking institutions are authorized by law to close, then payment of interest on or Principal Installment of the Bonds need not be made on such date but may be made on the next succeeding business day not a Saturday, Sunday or a legal holiday or a day upon which banking institutions are authorized by law to close, with the same force and effect as if made on the Bond Payment Date, and no interest shall accrue for the period after such date.
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Section 3.15. Conditions Relating to Naming of Interest Rates
Unless determined otherwise by the Executive Director of the District, the Bonds shall bear such rate or rates of interest as shall at the sale of such Bonds reflect the lowest net interest cost to the District calculated in the manner hereinafter prescribed in this Section at a price of not less than par, but:
(a) all bonds of the same maturity shall bear the same rate of interest;
(b) no rate of interest named shall be more than 2% higher than the lowest rate of interest named;
(c) each interest rate named shall be a multiple of 1/100th of 1%; and
(d) any premium offered must be paid in cash as a part of the purchase price.
For the purpose of determining lowest net interest cost, the aggregate of interest on all Bonds from the date of original issue of the Bonds, until their respective maturities, less any sum named by way of premium, shall be determined on each bid and the smallest amount to be paid by the District shall reflect lowest net interest cost.
Section 3.16. Tax Exemption in South Carolina
Both the Principal Installment and interest on the Bonds shall be exempt from all State, county, municipal, school district, and all other taxes or assessments of the State of South Carolina, direct or indirect, general or special, whether imposed for the purpose of general revenue or otherwise, except inheritance, estate, transfer or certain franchise taxes.
Section 3.17. Order of Tax Levy to Pay Principal and Interest of Bonds
For the payment of the Principal Installment and interest on the Bonds as the same respectively mature and for the creation of such sinking fund as may be necessary therefor, the full faith, credit and taxing power of the District are hereby irrevocably pledged, and there shall be levied annually by the Auditor of Charleston County, and collected by the Treasurer of Charleston County, in the same manner as county taxes are levied and collected, a tax on all taxable property in the District, sufficient to pay the Principal Installment and interest on such Bonds as they respectively mature, and to create such sinking fund as may be necessary therefor.
Section 3.18. Notice to Auditor to Levy Tax
The Auditor and Treasurer of Charleston County shall be notified of this issue of Bonds and directed to levy and collect, respectively, upon all taxable property in the District an annual tax sufficient to meet the payment of the Principal Installment and interest on said Bonds, as the same respectively mature, and to create such sinking fund as may be necessary therefor.
Section 3.19. Form of Bonds
The form of the Bonds, and registration provisions to be endorsed thereon shall be substantially as set forth in Exhibit “A” attached hereto and made a part of this Resolution.
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ARTICLE IV
REDEMPTION OR PURCHASE OF BONDS
Section 4.01. Authorization of Redemption
The Bonds shall be subject to redemption as determined by the Executive Director.
Section 4.02. District's Election to Redeem
In the event that the District shall, in accordance with the provisions of Section 4.01, elect to redeem Bonds, it shall give notice by District Request to the Registrar and Paying Agent, of each optional redemption. Each District Request shall specify the date fixed for redemption and the Bonds which are to be redeemed. Such notice shall be given at least 45 days prior to the date fixed for redemption or such lesser number of days as shall be acceptable to the Registrar.
Section 4.03. Notice of Redemption
(a) When any Bonds are to be redeemed, the Registrar shall give notice of the redemption of the Bonds in the name of the District specifying (i) the Bonds and maturities to be redeemed; (ii) the redemption date; (iii) the redemption price; (iv) the numbers and other distinguishing marks of the Bonds to be redeemed unless all of the Bonds Outstanding are to be redeemed; (v) the place or places where amounts due upon such redemption will be payable; and (vi) in the case of Bonds to be redeemed in part only, the respective portions of the principal thereof to be redeemed. Such notice shall further state that on such date there shall become due and payable upon each Bond to be redeemed the redemption price thereof, together with interest accrued to the redemption date, and that, from and after such date, interest thereon shall cease to accrue. The Registrar shall mail by registered mail a copy of such notice, postage prepaid, not less than 30 days before the redemption date to the registered Holders of all Bonds or portions of Bonds which are to be redeemed at their addresses which appear upon the registration books, but failure to so mail any such notice to any of such Holders shall not affect the validity of the proceedings for the redemption of Bonds held by Holders to whom written notice has been mailed. The obligation of the Registrar to give the notice required by this Section 4.03 shall not be conditioned upon the prior payment to the Paying Agent of money or the delivery to the Paying Agent of Authorized Investments sufficient to pay the redemption price of the Bonds to which such notice relates or the interest thereon to the redemption date. Interest on the Bonds to be redeemed shall cease to accrue from and after the redemption date specified in such notice, unless the District defaults in making due provision for the payment of the redemption price thereof.
(b) Notice of redemption having been given as provided in subsection (a) hereof, the Bonds or portions thereof so to be redeemed shall, on the date fixed for redemption, become due and payable at the redemption price specified therein plus accrued interest to the redemption date, and upon presentation and surrender thereof at the place specified in such notice, such Bonds or portions thereof shall be paid at the redemption price, plus accrued interest to the redemption date. On and after the redemption date (unless the District shall default in the payment of the redemption price and accrued interest), such Bonds shall cease to bear interest, and such Bonds shall no longer be considered as Outstanding hereunder. If money sufficient to pay the redemption price and accrued interest has not been made available by the District to the Paying Agent on the redemption date, such Bonds shall continue to bear interest until paid at the same rate as they would have borne, had they not been called for redemption, until the same have been paid.
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Section 4.04. Selection by Registrar of Bonds to be Redeemed
(a) If less than all of the Bonds of like maturity are to be redeemed, the particular Bonds or portions of Bonds to be redeemed shall be selected, not less than 45 days prior to the date fixed for redemption, by the Registrar by lot or in such other manner as the Registrar in its discretion may deem fair and appropriate.
(b) In making such selection, the Registrar shall treat each Bond to be redeemed as representing that number of Bonds of the lowest authorized denomination as is obtained by dividing the principal amount of such Bond by such denomination. If any Bond is to be redeemed in part, the portion to be so redeemed shall be in a principal amount of an authorized denomination.
(c) The Registrar shall promptly notify the District in writing of the Bonds so selected for redemption.
Section 4.05. Deposit of Redemption Price
On or before any date fixed for redemption of any Bonds, cash and/or a principal amount of non- callable Government Obligations maturing or redeemable at the option of the Holder thereof not later than the date fixed for redemption which, together with income to be earned on such Government Obligations prior to such date fixed for redemption, will be sufficient to provide cash to pay the redemption price of and accrued interest on all Bonds or portions thereof which are to be redeemed on such date, shall be deposited with the Paying Agent unless such amount shall have been previously deposited with the Paying Agent.
Section 4.06. Partial Redemption of Bonds
In the event part but not all of a Bond Outstanding shall be selected for redemption, upon presentation and surrender of such Bond by the Holder thereof or his attorney duly authorized in writing (with, if the District or the Paying Agent so requires, due endorsement by, or a written instrument of transfer in form satisfactory to the District and the Registrar duly executed by, the Holder thereof or his attorney duly authorized in writing) to the Registrar, the District shall execute and the Registrar shall authenticate and deliver to or upon the order of such Holder, without charge therefor, for the unredeemed portion of the principal amount of the Bond so surrendered, a Bond or Bonds of any authorized denomination of like tenor. Bonds so presented and surrendered shall be cancelled in accordance with Section 3.13 hereof.
Section 4.07. Purchases of Bonds Outstanding
Purchases of Bonds Outstanding may be made by the District at any time with money available to it from any source. Upon any such purchase the District shall deliver such Bonds to the Registrar for cancellation.
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ARTICLE V
SALE OF BONDS
Section 5.01. Determination of Time to Receive Bids - Form of Notice of Sale
The Bonds shall be sold at public sale, at a price not less than par and accrued interest, if any, to the date of delivery. Bids shall be received until such time and date selected by the Executive Director. The Bonds shall be advertised for sale as required by Section 6-11-980 of the Enabling Act, as amended, which shall appear at least once, not less than seven days before the date set for said sale. The Executive Director is authorized to determine the method of selling the Bonds, including authorizing the distribution of a preliminary official statement in connection therewith. The form of such preliminary official statement presented to the Commission on the date hereof, is hereby approved.
Section 5.02. Award of Bonds
Upon the receipt of bids for the Bonds, the Executive Director shall award the Bonds to the bidder offering the lowest net rate of interest. If more than one bidder shall name the lowest rate of interest, then the Bonds shall be awarded to that one of such bidders as shall offer the greatest premium; PROVIDED, that if it shall happen that tie bids are received, the Bonds shall be awarded jointly or in such other manner as those submitting such tie bids shall determine.
The Executive Director is authorized to receive proposals from one or more financial institutions to serve as Registrar and Paying Agent and to name the institution to serve as such for the Bonds.
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ARTICLE VI
DISPOSITION OF PROCEEDS OF SALE OF BONDS
Section 6.01. Disposition of Bond Proceeds including Temporary Investments
As required by Section 6-11-1010 of the Enabling Act, the proceeds derived from the sale of the Bonds issued pursuant to this Resolution shall be paid to the County Treasurer, to be deposited in a Bond Account Fund for the District, and shall be expended and made use of as follows:
(a) any accrued interest shall be applied to the payment of the first installment of interest to become due on such Bonds;
(b) any premium shall be applied to the payment of the first installment of principal of such Bonds;
(c) the remaining proceeds shall be expended and made use of by the District to pay the cost of issuance and to defray the cost of the Project described in Section 1.02 hereof. Pending the use of Bond proceeds for the purposes authorized hereby, it shall be lawful for the District to cause such proceeds to be invested in Authorized Investments. Income earned from investments shall, in the discretion of the District, (1) be used to meet the debt service of the Bonds, or (2) be retained by the District and used for the purposes for which the Bonds are issued under this Resolution; provided, however, that such earnings will not be used in a manner inconsistent with the Internal Revenue Code of 1986; and
(d) If any balance remains, it shall be used to effect the retirement of the Bonds authorized by this Resolution; provided, however, that neither the purchaser nor any Holder of the Bonds shall be liable for the proper application of the proceeds thereof.
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ARTICLE VII
DEFEASANCE OF BONDS
Section 7.01. Discharge of Resolution - Where and How Bonds are Deemed to have been Paid and Defeased
If all of the Bonds issued pursuant to this Resolution, and all interest thereon shall have been paid and discharged, then the obligations of the District under this Resolution and all other rights granted hereby shall cease and determine. The Bonds shall be deemed to have been paid and discharged within the meaning of this Article under each of the following circumstances, viz.:
1. The Paying Agent shall hold, at the stated maturities of the Bonds, in trust and irrevocably appropriated thereto, sufficient moneys for the payment of the Principal Installment and interest thereof; or
2. If default in the payment of the principal of the Bonds or the interest thereon shall have occurred on any Bond Payment Date, and thereafter tender of such payment shall have been made, and at such time as the Paying Agent shall hold in trust and irrevocably appropriated thereto, sufficient moneys for the payment thereof to the date of the tender of such payment; or
3. If the District shall elect to provide for the payment of the Bonds prior to their stated maturities and shall have deposited with the Paying Agent, in an irrevocable trust moneys which shall be sufficient, or Government Obligations, the principal of and interest on which when due will provide moneys, which together with moneys, if any, deposited with the Paying Agent at the same time, shall be sufficient to pay when due the Principal Installment and interest, due and to become due on the Bonds on and prior to their maturity dates.
Neither the Government Obligations nor moneys deposited with the Paying Agent pursuant to this Section nor the principal or interest payments thereon shall be withdrawn or used for any purpose other than, and shall be held in trust for, the payment of the Principal Installment of and interest, on the Bonds; provided that any cash received from such principal or interest payments on Government Obligations deposited with the Paying Agent, if not then needed for such purpose, shall to the extent practicable, be invested and reinvested in Government Obligations maturing at times and in amounts sufficient to pay when due the Principal Installment and interest, to become due on the Bonds on and prior to maturity date thereof and interest earned from such reinvestments not required for the payment of the Principal Installment and interest, may be paid over to the District, as received by the Paying Agent, free and clear of any trust, lien or pledge.
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ARTICLE VIII
CONCERNING THE FIDUCIARIES
Section 8.01. Fiduciary; Appointment and Acceptance of Duties
The financial institution chosen to act initially as Paying Agent and Registrar hereunder, shall accept the duties and trusts imposed upon it by the Resolution and shall agree in writing to perform such trusts but only upon the terms and conditions set forth in this Article VIII. Similarly, each financial institution appointed as a successor Registrar or as a successor Paying Agent shall signify its acceptance of the duties and trusts imposed by the Resolution by a written acceptance.
Section 8.02. Responsibilities of Fiduciaries
The recitals of fact herein and in the Bonds contained shall be taken as the statements of the District and no Fiduciary assumes any responsibility for the correctness of the same except in respect of the authentication certificate of the Registrar endorsed on the Bonds. No Fiduciary makes any representations as to the validity or sufficiency of the Resolution or of any Bonds or as to the security afforded by the Resolution, and no Fiduciary shall incur any liability in respect thereof. No Fiduciary shall be under any responsibility or duty with respect to the application of any moneys paid to any other Fiduciary. No Fiduciary shall be under any obligation or duty to perform any act which would involve it in expense or liability or to institute or defend any suit in respect hereof or to advance any of its own moneys, unless indemnified to its reasonable satisfaction. No Fiduciary shall be liable in connection with the performance of its duties hereunder except for its own negligence or willful misconduct.
Section 8.03. Evidence on Which Fiduciaries May Act
(a) Each Fiduciary, upon receipt of any notice, ordinance, resolution, request, consent order, certificate, report, opinion, bond, or other paper or document furnished to it pursuant to any provision of the Resolution, shall examine such instrument to determine whether it conforms to the requirements of the Resolution and shall be protected in acting upon any such instrument believed by it to be genuine and to have been signed or presented by the proper party or parties. Each Fiduciary may consult with counsel, who may or may not be of counsel to the District, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it under the Resolution in good faith and in accordance therewith.
(b) Whenever any Fiduciary shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action under the Resolution, such matter (unless other evidence in respect thereof be therein specifically prescribed) may be deemed to be conclusively proved and established by a certificate of an Authorized Officer, and such certificate shall be full warrant for any action taken or suffered in good faith under the provisions of the Resolution upon the faith thereof; but in its discretion the Fiduciary may in lieu thereof accept other evidence of such fact or matter or may require such further or additional evidence as to it may deem reasonable.
(c) Except as otherwise expressly provided in the Resolution any request, order, notice or other direction required or permitted to be furnished pursuant to any provision thereof by the District to any Fiduciary shall be sufficiently executed if executed in the name of the District by an Authorized Officer.
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Section 8.04. Compensation
The District shall pay to each Fiduciary from time to time reasonable compensation based on the then standard fee schedule of the Fiduciary for all services rendered under the Resolution, and also all reasonable expenses, charges, counsel fees and other disbursements, including those of its attorneys, agents, and employees, incurred in and about the performance of their powers and duties under the Resolution. Subject to the provisions of Section 8.02 hereof, the District further agrees to indemnify and save each Fiduciary harmless against any liabilities which it may incur in the exercise and performance of its powers and duties hereunder and which are not due to its negligence or willful misconduct; provided, however, that any specific agreement between the District and a Fiduciary with respect to the compensation of such Fiduciary shall control the compensation to be paid to such Fiduciary.
Section 8.05. Certain Permitted Acts
Any Fiduciary may become the owner or underwriter of any Bonds, notices or other obligations of the District or conduct any banking activities with respect to the District, with the same rights it would have if it were not a Fiduciary. To the extent permitted by law, any Fiduciary may act as depositary for, and permit any of its officers or directors to effect or aid in any reorganization growing out of the enforcement of the Bonds or the Resolution.
Section 8.06. Resignation of Any Fiduciary
Any Fiduciary may at any time resign and be discharged of the duties and obligations created by the Resolution by giving not less than 60 days written notice to the District and not less than 30 days' written notice to the Holders of the Bonds as established by the books of registration prior to the next succeeding Bond Payment Date and such resignation shall take effect upon the date specified in such notice unless previously a successor shall have been appointed by the District pursuant to Section 8.08 hereof in which event such resignation shall take effect immediately on the appointment of such successor. In no event, however, shall such a resignation take effect until a successor has been appointed.
Section 8.07. Removal of Fiduciary
Any Fiduciary may be removed at any time by an instrument or concurrent instruments in writing, filed with the District and such Fiduciary, and signed by the Bondholders representing a majority in principal amount of the Bonds then Outstanding or their attorneys in fact duly authorized, excluding any Bonds held by or for the account of the District.
Section 8.08. Appointment of Successor Fiduciaries
In case any Fiduciary hereunder shall resign or be removed, or be dissolved, or shall be in the course of dissolution or liquidation, or otherwise become incapable of acting hereunder, or in case it shall be taken under the control of any public officer or officers, or of a receiver appointed by a court, a successor shall be appointed by the District. Every such Fiduciary appointed pursuant to the provisions of this Section shall be a trust company or bank organized under the laws of the United States of America or any state thereof and which is in good standing, within or outside the State of South Carolina, having a stockholders equity of not less than $50,000,000 if there be such an institution willing, qualified and able to accept the trust upon reasonable and customary terms.
If in a proper case no appointment of a successor Fiduciary shall be made by the District pursuant to the foregoing provisions of this Section within 45 days after any Fiduciary shall have given to the District written notice as provided in Section 8.06 hereof or after a vacancy in the office of such Fiduciary
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shall have occurred by reason of its removal or inability to act, the former Fiduciary or any Bondholder may apply to any court of competent jurisdiction to appoint a successor. Said court may thereupon, after such notice, if any, as such court may deem proper, appoint a successor.
Section 8.09. Transfer of Rights and Property to Successor
Any successor Fiduciary appointed under the Resolution shall execute, acknowledge and deliver to its predecessor, and also to the District, an instrument accepting such appointment, and thereupon such successor, without any further act, deed or conveyance, shall become fully vested with all moneys, estates, properties, rights, powers, duties and obligations of such predecessor Fiduciary, with like effect as if originally named in such capacity; but the Fiduciary ceasing to act shall nevertheless, on the written request of the District, or of the successor, execute, acknowledge and deliver such instruments of conveyance and further assurance and do such other things as may reasonably be required for more fully and certainly vesting and confirming in such successor all the right, title and interest of the predecessor Fiduciary in and to any property held by it under the Resolution, and shall pay over, assign and deliver to the successor Fiduciary any money or other property subject to the trusts and conditions herein set forth. Should any deed, conveyance or instrument in writing from the District be required by such successor Fiduciary for more fully and certainly vesting in and confirming to such successor any such estates, rights, powers and duties, any and all such deeds, conveyances and instruments in writing shall, on request, and so far as may be authorized by law, be executed, acknowledged and delivered by the District. Any such successor Fiduciary shall promptly notify the Paying Agent and Depositaries, if any, of its appointment as Fiduciary.
Section 8.10. Merger or Consolidation
Any company into which any Fiduciary may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it may be party or any company to which any Fiduciary may sell or transfer all or substantially all of its corporate trust business, provided such company shall be a bank or trust company organized under the laws of any state of the United States or a national banking association, and shall be authorized by law to perform all the duties imposed upon it by the Resolution, shall be the successor to such Fiduciary without the execution or filing of any paper or the performance of any further act.
Section 8.11. Adoption of Authentication
In case any of the Bonds contemplated to be issued under the Resolution shall have been authenticated but not delivered, any successor Registrar may adopt the certificate of authentication of any predecessor Registrar so authenticating such Bonds and deliver such Bonds so authenticated. In case any such Bonds shall not have been authenticated, any successor Registrar may authenticate such Bonds in the name of the predecessor Registrar or in the name of the successor Registrar, and in all such cases such certificate shall be of full force and effect.
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ARTICLE IX
FEDERAL TAX CONSIDERATIONS
Section 9.01. Qualified Tax-Exempt Obligations
The Bonds are not “qualified tax-exempt obligations” in accordance with Section 265(b)(3)(B) of the Code.
Section 9.02. Compliance with the Internal Revenue Code of 1986
The District will comply with all requirements of the Code in order to preserve the tax-exempt status of the Bonds, including without limitation, the requirement to file the information report 8038-G with the Internal Revenue Service. In this connection, the District covenants to execute any and all agreements, certificates and other documentation as it may be advised by bond counsel will enable it to comply with this Section, and such agreements, certificates and other documentation may be executed by an Authorized Officer and by the Executive Director of the District or either of them.
The District hereby represents and covenants that it will not take any action which will, or fail to take any action which failure will, cause interest on the Bonds to become includable in the gross income of the Holder thereof for federal income tax purposes pursuant to the provisions of the Code and regulations promulgated thereunder in effect on the date of original issuance of Bonds. Without limiting the generality of the foregoing, the District represents and covenants that:
(a) All property provided by the net proceeds of the Bonds will be owned by the District in accordance with the rules governing the ownership of property for federal income tax purposes.
(b) The District shall not permit the proceeds of the Bonds or any facility financed with the proceeds of the Bonds to be used in any manner that would result in (a) ten percent (10%) or more of such proceeds being considered as having been used directly or indirectly in any trade or business carried on by any natural person or in any activity carried on by a person other than a natural person other than a governmental unit as provided in Section 141(b) of the Code, or (b) five percent (5%) or more of such proceeds being considered as having been used directly or indirectly to make or finance loans to any person other than a governmental unit as provided in Section 141(c) of the Code.
(c) The District is not a party to nor will it enter into any contracts with any person for the use or management of any facility provided with the proceeds of the Bonds that do not conform to the guidelines set forth in Revenue Procedure 97-13, as may be subsequently modified by applicable pronouncements of the United States Treasury Department.
(d) The District will not sell or lease any property provided by the Bonds to any person unless it obtains the opinion of nationally recognized bond counsel that such lease or sale will not affect the tax exemption of the Bonds.
(e) The Bonds will not be federally guaranteed within the meaning of Section 149(b) of the Code. The District has not entered into any leases or sales or service contract with any federal government agency and will not enter into any such leases or contracts unless it obtains the opinion of nationally recognized bond counsel that such action will not affect the tax exemption of the Bonds.
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ARTICLE X
MISCELLANEOUS
Section 10.01. Failure to Present Bonds
Anything in this Resolution to the contrary notwithstanding, any money held by the Paying Agent in trust for the payment and discharge of any of the Bonds, or the interest thereon, which remains unclaimed for such period of time, after the date when such Bonds have become due and payable, that the Holder thereof shall no longer be able to enforce the payment thereof, the Paying Agent shall at the written request of the District pay such money to the District as its absolute property and free from trust, and the Paying Agent shall thereupon be released and discharged with respect thereto and the Bondholders shall look only to the District for the payment of such Bonds; provided, however, the Paying Agent shall forward to the District all moneys which remain unclaimed during a period five years from a Bond Payment Date, provided, however, that before being required to make any such payment to the District, the Paying Agent, at the expense of the District, may conduct such investigations as may in the opinion of the Paying Agent be necessary to locate the Holders of those who would take if the Holder shall have died.
Section 10.02. Severability of Invalid Provisions
If any one or more of the covenants or agreements provided in this Resolution should be contrary to law, then such covenant or covenants or agreement or agreements shall be deemed severable from the remaining covenants and agreements, and shall in no way affect the validity of the other provisions of this Resolution.
Section 10.03. Successors
Whenever in this Resolution the District is named or referred to, it shall be deemed to include any entity, which may succeed to the principal functions and powers of the District, and all the covenants and agreements contained in this Resolution or by or on behalf of the District shall bind and inure to the benefit of said successor whether so expressed or not.
Section 10.04. Resolution to Constitute Contract
In consideration of the purchase and acceptance of the Bonds by those who shall purchase and hold the same from time to time, the provisions of this Resolution shall be deemed to be and shall constitute a contract between the District and the Holder from time to time of the Bonds, and such provisions are covenants and agreements with such Holders which the District hereby determines to be necessary and desirable for the security and payment thereof. The pledge hereof and the provisions, covenants, and agreements herein set forth to be performed on behalf of the District shall be for the equal benefit, protection, and security of the Holders of any and all of the Bonds, all of which shall be of equal rank without preference, priority or distinction of any Bonds over any other Bonds.
Section 10.05. Filing of Copies of Resolution
Copies of this Resolution shall be filed in the offices of the District, the office of the Clerk of Court for Charleston County (as a part of the Transcript of Proceedings) and at the offices of each of the Paying Agent and Registrar.
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Section 10.06. Certain Required Filings
Pursuant to Section 11-1-85, Code of Laws of South Carolina, 1976, as amended, the District when requested shall file an independent audit with a central repository and to file with a central repository event specific information within thirty days of an event adversely affecting more than five percent of revenue or its tax base.
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DONE IN MEETING DULY ASSEMBLED, this 17th day of August, 2020.
CHARLESTON COUNTY PARK AND RECREATION COMMISSION
By Chairman
Attest:
Secretary
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EXHIBIT A
(FORM OF BOND)
No. ______$______
UNITED STATES OF AMERICA STATE OF SOUTH CAROLINA CHARLESTON COUNTY PARK AND RECREATION DISTRICT GENERAL OBLIGATION BONDS OF 2020
MATURITY DATE RATE OF INTEREST ORIGINAL ISSUE DATE CUSIP
______, 2020
REGISTERED HOLDER: CEDE & Co. (the “Nominee”)
PRINCIPAL AMOUNT: DOLLARS
CHARLESTON COUNTY PARK AND RECREATION DISTRICT, IN CHARLESTON COUNTY, SOUTH CAROLINA (the “District”), a body politic and corporate and a political subdivision of the State of South Carolina, acknowledges itself indebted and for value received hereby promises to pay, solely as hereinafter provided, to the Registered Holder named above or registered assigns, the Principal Amount stated above on the Maturity Date stated above upon presentation and surrender of this Bond at the Corporate Trust Office of ______, in the City of ______, State of ______(the “Paying Agent”), and to pay interest on such principal sum at the annual Interest Rate stated above (calculated on the basis of a 360-day year of twelve 30-day months), until the District's obligation with respect to the payment of such Principal Amount shall be discharged.
This Bond shall bear interest from the February 1 or the August 1 to which interest has been paid next preceding the authentication date hereof, unless the authentication date hereof is a February 1 or an August 1, in which event this Bond shall bear interest from the earlier of such authentication date or the date to which interest has last been paid; provided that if the authentication date hereof precedes ______, or if the District shall fail to pay interest on ______, then this Bond shall bear interest from ______. Interest on this Bond is payable on February 1 and August 1 of each year beginning February 1, 2021. The interest payable on any Bond Payment Date will be paid to the person in whose name this Bond is registered at the close of business on the 15th day of the month next preceding such February 1 or August 1.
This Bond has been issued and is held under a book-entry only system administered by The Depository Trust Company (“DTC”), a limited purpose trust company organized under the laws of the State of New York (together with its successors and assigns, the “Securities Depository”).
The Registrar and Paying Agent and the District may treat the Securities Depository (or the Nominee) as the sole and exclusive owner of the Bonds registered in the name of the Nominee for the purposes of (i) paying the principal or interest on the Bonds, (ii) giving any notice permitted or required to be given to Owners of Bonds under the Resolution adopted by the Charleston County Park and Recreation Commission (the “Resolution”), (iii) registering the transfer of Bonds, and (iv) obtaining any
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consent or other action to be taken by the Owners of the Bonds and for all other purposes whatsoever; and neither the Registrar and Paying Agent nor the District will be affected by any notice to the contrary. Neither the Registrar and Paying Agent nor the District will have any responsibility or obligation to any broker-dealer, bank or other financial institution for which the Securities Depository holds Bonds as securities depository (collectively, the “Participants” and each, a “Participant”), any person in whose name a Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant or such person's subrogee (collectively, the “Beneficial Owners” and each, a “Beneficial Owner”), or any other person claiming a beneficial ownership interest in the Bonds under or through the Securities Depository or any Participant, or any other person which is not shown on the books for the registration and transfer of Bonds kept by the Registrar and Paying Agent as registrar (the “Register”) as being an Owner of Bonds, with respect to (i) the accuracy of any records maintained by the Securities Depository or any Participant, (ii) any notice which is permitted or required to be given to Owners of Bonds under the Resolution; or (iii) any consent given or other action taken by the Securities Depository as such Owner. The Registrar and Paying Agent shall pay all principal of and premium, if any, and interest on the Bonds only to the Securities Depository (or the Nominee), and all such payments shall be valid and effectual with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. Except as provided in immediately succeeding paragraph, no person other than the Securities Depository shall receive an authenticated bond. Upon delivery by the Securities Depository to the Registrar and Paying Agent of written notice to the effect that the Securities Depository has determined to substitute a new Nominee in place of Cede & Co., the Bonds shall be transferable to such new Nominee in accordance with the provisions of the Resolution.
In the event the District determines that it is in the best interests of the District not to continue the book-entry only system of transfer with respect to the Bonds, or that the interests of the Beneficial Owners might be adversely affected in the book-entry only system of transfer is continued with respect to the Bonds, then the District may notify the Securities Depository and the Registrar and Paying Agent, whereupon the Securities Depository will notify the Participants of the availability through the Securities Depository of bonds. In such event, the Registrar and Paying Agent shall issue, transfer and exchange bonds as requested by the Securities Depository and any Participant or Beneficial Owner in appropriate amounts in accordance with the Resolution. The Securities Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the District and the Registrar and Paying Agent and discharging its responsibilities with respect thereto under applicable law or the District may determine that the Securities Depository is incapable of discharging its duties as such and may so advise the Securities Depository. In either such event, the District shall either (i) establish its own book-entry system, (ii) locate another Securities Depository, or (iii) deliver bonds as provided herein and as requested by any Participant or Beneficial Owner.
Notwithstanding anything in the Resolution to the contrary, if and to the extent any Bond is registered in the name of “Cede & Co.” as nominee of DTC: (i) the Registrar and Paying Agent will give DTC all special notices required by the Letter of Representations from the District and the Registrar and Paying Agent to DTC with respect to the Bonds (the “Letter of Representations”) at the times, in the forms and by the means required by the Letter of Representations; (ii) the Registrar and Paying Agent will make payments to Cede & Co. at the times and by the means specified in the Letter of Representations; (iii) Cede & Co. will not be required to surrender Bonds which have been partially paid or prepaid to the extent permitted by the Letter of Representations; and (iv) the Registrar and Paying Agent will set a special record date (and shall notify the registered owners of the Bonds thereof in writing) prior to soliciting any Holder consent or vote, such notice to be not less than 15 calendar days prior to such record date (any Bond transferred by a registered owner subsequent to the establishment of the special record date and prior to obtaining such consent or vote shall have attached to it a copy of the notice of Holders by the Registrar and Paying Agent).
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The District and the Registrar and Paying Agent will recognize DTC or its nominee as the Holder for all purposes hereunder, including notices and voting.
Whenever, during the term of the Bonds, beneficial ownership thereof is determined by a book entry at DTC, the requirements in the Resolution of holding, delivering or transferring Bonds shall be deemed modified to require the appropriate person to meet the requirements of DTC as to registering or transferring the book entry to produce the same effect.
Interest hereon shall be payable by check or draft mailed at the times provided herein from the office of the Paying Agent to the person in whose name this Bond is registered at the address shown on the registration books. The principal of and interest on this Bond are payable in any coin or currency of the United States of America which at the time of payment legal tender for the payment of public and private debts.
This Bond is one of an issue of Bonds in the aggregate principal amount of $20,000,000 of like tenor and effect, except as to numbering, date of maturity, and rate of interest, issued for purposes authorized by and pursuant to the Enabling Act (Act No. 1189 of the 1974 Acts of the General Assembly of the State of South Carolina as amended by Act No. 212 of the 1975 Acts of the General Assembly of the State of South Carolina) and the Resolution.
Certain capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Resolution. Certified copies of the Resolution are on file in the office of the Registrar, in the office of the Paying Agent, in the office of the Clerk of Court of Charleston County and in the office of the District.
For the prompt payment hereof, both principal and interest, as the same shall become due, the full faith, credit and taxing power of the District are irrevocably pledged.
This Bond and the interest hereon are exempt from all State, county, municipal, school district, and all other taxes or assessments of the State of South Carolina, direct or indirect, general or special, whether imposed for the purpose of general revenue or otherwise, except inheritance, estate, transfer or certain franchise taxes.
The Bonds are issuable only as fully registered Bonds in book-entry form.
The Bonds maturing on or after February 1, 20__, shall be subject to redemption, on and after February 1, 20__, at the option of the District, in whole at any time or in part, on any Bond Payment Date, at par.
If less than all of the Bonds of like maturity are to be redeemed, the particular Bonds or portions of Bonds to be redeemed shall be selected not less than 45 days prior to the date fixed for redemption by the Registrar by lot. Bonds in a denomination of more than $5,000 may be redeemed in part from time to time in one or more units of $5,000 in the manner provided in the Resolution.
In the event that any Bonds are to be called for redemption as aforesaid, the Paying Agent shall give notice of the redemption of the Bonds in the name of the District specifying (i) the principal amount and the maturities of the Bonds to be redeemed; (ii) the redemption date; (iii) the redemption price; (iv) the numbers and other distinguishing marks of the Bonds to be redeemed unless all of the Outstanding Bonds are to be redeemed; (v) the place or places where amounts due upon such redemption will be payable; and (vi) in the case of Bonds to be redeemed in part only, the respective portions of the principal thereof to be redeemed. Such notice shall further state that on such date there shall become due
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and payable upon each Bond to be redeemed the redemption price thereof, together with interest accrued to the redemption date, and that, from and after such date, interest thereon shall cease to accrue.
The Paying Agent shall mail a copy of such notice, postage prepaid, not less than 30 days before the redemption date to the registered holders of any Bonds or portions of Bonds which are to be redeemed at their last addresses appearing upon the registration books, but failure to so mail any such notice to any one of such registered holders shall not affect the redemption of those registered Bonds to whose registered holders such notice was mailed.
On the specified redemption date (unless the District shall default in the payment of the redemption price and accrued interest), all Bonds so called for redemption shall cease to bear interest, shall no longer be secured by the Resolution and shall no longer be considered as Outstanding.]
The Bonds are not “qualified tax-exempt obligations” in accordance with Section 265(b)(3)(B) of the Code.
This Bond is transferable, as provided in the Resolution, only upon the books of the District kept for that purpose at the Corporate Trust Office of the Registrar by the registered holder in person or by his duly authorized representative upon, (i) surrender of this Bond together with a written instrument of transfer satisfactory to the Registrar duly executed by the registered holder or his duly authorized attorney and (ii) payment of the charges, if any, prescribed in the Resolution. Thereupon a new fully registered Bond or Bonds of like maturity, interest rate and redemption provisions and in a like aggregate principal amount shall be is sued to the transferee in exchange therefor as provided in the Resolution. The District, the Paying Agent and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof for the purpose of receiving payment of or on account of the Principal Amount hereof and interest due hereon and for all other purposes.
For every exchange or transfer of the Bonds, the District, the Paying Agent, or the Registrar may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer.
It is hereby certified and recited that all acts, conditions and things required to exist, happen and to be performed precedent to and in the adoption of the Resolution and in the issuance of the Bonds in order to make the Bonds the legal, valid and binding general obligations of the District in accordance with their terms, do exist, have been done, have happened and have been performed in regular and due form as required by law; and that the issuance of the Bonds does not exceed or violate any constitutional, statutory or other limitation upon the amount of indebtedness prescribed by law.
This Bond shall not be valid or obligatory for any purpose until the Certificate of Authentication hereon shall have been duly executed by the Registrar.
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IN WITNESS WHEREOF, Charleston County Park and Recreation District, in Charleston County, South Carolina, has caused this Bond to be executed in its name and on its behalf by the manual signature of the Chairman of its Commission and its seal to be hereunto reproduced and attested to by the manual signature of the Secretary of its Commission.
CHARLESTON COUNTY PARK AND (SEAL) RECREATION DISTRICT
Chairman, Charleston County Park and Recreation Commission
Attest:
Secretary, Charleston County Park and Recreation Commission
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CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds of the issue described in the within mentioned Resolution.
______, Registrar
Authorized Signatory
Dated:
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(FORM OF ASSIGNMENT)
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto ______(please print or typewrite name and address of Transferee and Social Security or other identifying number of Transferee) the within Bond and all rights and title thereunder, and hereby irrevocably constitutes and appoints ______attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises.
Date:
Signature Guaranteed:
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EXHIBIT B
DISCLOSURE DISSEMINATION AGENT AGREEMENT
This Disclosure Dissemination Agent Agreement (the “Disclosure Agreement”), dated as of ______, 2020, is executed and delivered by Charleston County Park and Recreation District (the “Issuer”) and Digital Assurance Certification, L.L.C., as exclusive Disclosure Dissemination Agent (the “Disclosure Dissemination Agent” or “DAC”) for the benefit of the Holders (hereinafter defined) of the Bonds (hereinafter defined) and in order to assist the Issuer in processing certain continuing disclosure with respect to the Bonds in accordance with Rule 15c2-12 of the United States Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time (the “Rule”).
The services provided under this Disclosure Agreement solely relate to the execution of instructions received from the Issuer through use of the DAC system and do not constitute “advice” within the meaning of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act”). DAC will not provide any advice or recommendation to the Issuer or anyone on the Issuer's behalf regarding the “issuance of municipal securities” or any “municipal financial product” as defined in the Act and nothing in this Disclosure Agreement shall be interpreted to the contrary. DAC is not a “Municipal Advisor” as such term is defined in Section 15B of the Securities Exchange Act of 1934, as amended, and related rules.
SECTION 1. Definitions. Capitalized terms not otherwise defined in this Disclosure Agreement shall have the meaning assigned in the Rule or, to the extent not in conflict with the Rule, in the Official Statement (hereinafter defined). The capitalized terms shall have the following meanings:
“Annual Filing Date” means the date, set in Sections 2(a) and 2(f) hereof, by which the Annual Report is to be filed with the MSRB.
“Annual Financial Information” means annual financial information as such term is used in paragraph (b)(5)(i) of the Rule and specified in Section 3(a) of this Disclosure Agreement.
“Annual Report” means an Annual Report containing Annual Financial Information described in and consistent with Section 3 of this Disclosure Agreement.
“Audited Financial Statements” means the annual financial statements of the Issuer for the prior fiscal year, certified by an independent auditor as prepared in accordance with generally accepted accounting principles or otherwise, as such term is used in paragraph (b)(5)(i)(B) of the Rule and specified in Section 3(b) of this Disclosure Agreement.
“Bonds” means the bonds as listed on the attached Exhibit A, with the 9-digit CUSIP numbers relating thereto.
“Certification” means a written certification of compliance signed by the Disclosure Representative stating that the Annual Report, Audited Financial Statements, Notice Event notice, Failure to File Event notice, Voluntary Event Disclosure or Voluntary Financial Disclosure delivered to the Disclosure Dissemination Agent is the Annual Report, Audited Financial Statements, Notice Event notice, Failure to File Event notice, Voluntary Event Disclosure or Voluntary Financial Disclosure required to be submitted to the MSRB under this Disclosure Agreement. A Certification shall accompany each such document submitted to the Disclosure Dissemination Agent by the Issuer and include the full name of the Bonds and the 9-digit CUSIP numbers for all Bonds to which the document applies.
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“Disclosure Dissemination Agent” means Digital Assurance Certification, L.L.C, acting in its capacity as Disclosure Dissemination Agent hereunder, or any successor Disclosure Dissemination Agent designated in writing by the Issuer pursuant to Section 9 hereof.
“Disclosure Representative” means Chief Financial Officer or his or her designee, or such other person as the Issuer shall designate in writing to the Disclosure Dissemination Agent from time to time as the person responsible for providing Information to the Disclosure Dissemination Agent.
“Failure to File Event” means the Issuer's failure to file an Annual Report on or before the Annual Filing Date.
“Financial Obligation” as used in this Disclosure Agreement is defined in the Rule, as may be amended, as (i) a debt obligation; (ii) derivative instrument entered into in connection with, or pledged as a security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of (i) or (ii). The term “Financial Obligation” shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule.
“Force Majeure Event” means: (i) acts of God, war, or terrorist action; (ii) failure or shut-down of the Electronic Municipal Market Access system maintained by the MSRB; or (iii) to the extent beyond the Disclosure Dissemination Agent's reasonable control, interruptions in telecommunications or utilities services, failure, malfunction or error of any telecommunications, computer or other electrical, mechanical or technological application, service or system, computer virus, interruptions in Internet service or telephone service (including due to a virus, electrical delivery problem or similar occurrence) that affect Internet users generally, or in the local area in which the Disclosure Dissemination Agent or the MSRB is located, or acts of any government, regulatory or any other competent authority the effect of which is to prohibit the Disclosure Dissemination Agent from performance of its obligations under this Disclosure Agreement.
“Holder” means any person (i) having the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries) or (ii) treated as the owner of any Bonds for federal income tax purposes.
“Information” means, collectively, the Annual Reports, the Audited Financial Statements, the Notice Event notices, the Failure to File Event notices, the Voluntary Event Disclosures and the Voluntary Financial Disclosures.
“MSRB” means the Municipal Securities Rulemaking Board, or any successor thereto, established pursuant to Section 15B(b)(1) of the Securities Exchange Act of 1934.
“Notice Event” means any of the events enumerated in paragraph (b)(5)(i)(C) of the Rule and listed in Section 4(a) of this Disclosure Agreement.
“Obligated Person” means any person, including the Issuer, who is either generally or through an enterprise, fund, or account of such person committed by contract or other arrangement to support payment of all, or part of the obligations on the Bonds (other than providers of municipal bond insurance, letters of credit, or other liquidity facilities), as shown on Exhibit A.
“Official Statement” means that Official Statement prepared by the Issuer in connection with the Bonds, as listed on Exhibit A.
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“Trustee” means the institution identified as such in the document under which the Bonds were issued.
“Voluntary Event Disclosure” means information of the category specified in any of subsections (e)(vi)(1) through (e)(vi)(10) of Section 2 of this Disclosure Agreement that is accompanied by a Certification of the Disclosure Representative containing the information prescribed by Section 7(a) of this Disclosure Agreement.
“Voluntary Financial Disclosure” means information of the category specified in any of subsections (e)(vii)(1) through (e)(vii)(9) of Section 2 of this Disclosure Agreement that is accompanied by a Certification of the Disclosure Representative containing the information prescribed by Section 7(b) of this Disclosure Agreement.
SECTION 2. Provision of Annual Reports.
(a) The Issuer shall provide, annually, an electronic copy of the Annual Report and Certification to the Disclosure Dissemination Agent, together with a copy for the Trustee, not later than the Annual Filing Date. Promptly upon receipt of an electronic copy of the Annual Report and the Certification, the Disclosure Dissemination Agent shall provide an Annual Report to the MSRB not later than seven months days after the end of each fiscal year of the Issuer, commencing with the fiscal year ending June 30, 2020. Such date and each anniversary thereof is the Annual Filing Date. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 3 of this Disclosure Agreement.
(b) If on the fifteenth (15th) day prior to the Annual Filing Date, the Disclosure Dissemination Agent has not received a copy of the Annual Report and Certification, the Disclosure Dissemination Agent shall contact the Disclosure Representative by telephone and in writing (which may be by e-mail) to remind the Issuer of its undertaking to provide the Annual Report pursuant to Section 2(a). Upon such reminder, the Disclosure Representative shall either (i) provide the Disclosure Dissemination Agent with an electronic copy of the Annual Report and the Certification no later than two (2) business days prior to the Annual Filing Date, or (ii) instruct the Disclosure Dissemination Agent in writing that the Issuer will not be able to file the Annual Report within the time required under this Disclosure Agreement, state the date by which the Annual Report for such year will be provided and instruct the Disclosure Dissemination Agent to immediately send a Failure to File Event notice to the MSRB in substantially the form attached as Exhibit B, which may be accompanied by a cover sheet completed by the Disclosure Dissemination Agent in the form set forth in Exhibit C-1.
(c) If the Disclosure Dissemination Agent has not received an Annual Report and Certification by 10:00 a.m. Eastern time on Annual Filing Date (or, if such Annual Filing Date falls on a Saturday, Sunday or holiday, then the first business day thereafter for the Annual Report, a Failure to File Event shall have occurred and the Issuer irrevocably directs the Disclosure Dissemination Agent to immediately send a Failure to File Event notice to the MSRB in substantially the form attached as Exhibit B, without reference to the anticipated filing date for the Annual Report, which may be accompanied by a cover sheet completed by the Disclosure Dissemination Agent in the form set forth in Exhibit C-1.
(d) If Audited Financial Statements of the Issuer are prepared but not available prior to the Annual Filing Date, the Issuer shall, when the Audited Financial Statements are available, provide at such time an electronic copy to the Disclosure Dissemination Agent, accompanied by a Certification, together with a copy for the Trustee, if any, for filing with the MSRB.
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(e) The Disclosure Dissemination Agent shall:
(i) verify the filing specifications of the MSRB each year prior to the Annual Filing Date;
(ii) upon receipt, promptly file each Annual Report received under Sections 2(a) and 2(b) hereof with the MSRB;
(iii) upon receipt, promptly file each Audited Financial Statement received under Section 2(d) hereof with the MSRB;
(iv) upon receipt, promptly file the text of each Notice Event received under Sections 4(a) and 4(b)(ii) hereof with the MSRB, identifying the Notice Event as instructed by the Issuer pursuant to Section 4(a) or 4(b)(ii) hereof (being any of the categories set forth below) when filing pursuant to Section 4(c) of this Disclosure Agreement:
1. “Principal and interest payment delinquencies;”
2. “Non-Payment related defaults, if material;”
3. “Unscheduled draws on debt service reserves reflecting financial difficulties;”
4. “Unscheduled draws on credit enhancements reflecting financial difficulties;”
5. “Substitution of credit or liquidity providers, or their failure to perform;”
6. “Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds;”
7. “Modifications to rights of securities holders, if material;”
8. “Bond calls, if material, and tender offers;”
9. “Defeasances;”
10. “Release, substitution, or sale of property securing repayment of the securities, if material;”
11. “Rating changes;”
12. “Bankruptcy, insolvency, receivership or similar event of the obligated person;”
13. The consummation of a merger, consolidation, or acquisition involving an Obligated Person or the sale of all or substantially all of the assets of
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the Obligated Person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material;
14. “Appointment of a successor or additional trustee, or the change of name of a trustee, if material;”
15. “Incurrence of a Financial Obligation of the obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the obligated person, any of which affect security holders, if material;” and
16. “Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a Financial Obligation of the obligated person, any of which reflect financial difficulties.
(v) upon receipt (or irrevocable direction pursuant to Section 2(c) of this Disclosure Agreement, as applicable), promptly file a completed copy of Exhibit B to this Disclosure Agreement with the MSRB, identifying the filing as “Failure to provide annual financial information as required” when filing pursuant to Section 2(b)(ii) or Section 2(c) of this Disclosure Agreement;
(vi) upon receipt, promptly file the text of each Voluntary Event Disclosure received under Section 7(a) hereof with the MSRB, identifying the Voluntary Event Disclosure as instructed by the Issuer pursuant to Section 7(a) (being any of the categories set forth below) when filing pursuant to Section 7(a) of this Disclosure Agreement:
1. “amendment to continuing disclosure undertaking;”
2. “change in obligated person;”
3. “notice to investors pursuant to bond documents;”
4. “certain communications from the Internal Revenue Service;” other than those communications included in the Rule;
5. “secondary market purchases;”
6. “bid for auction rate or other securities;”
7. “capital or other financing plan;”
8. “litigation/enforcement action;”
9. “change of tender agent, remarketing agent, or other on-going party;” and
10. “other event-based disclosures;”
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(vii) upon receipt, promptly file the text of each Voluntary Financial Disclosure received under Section 7(b) hereof with the MSRB, identifying the Voluntary Financial Disclosure as instructed by the Issuer pursuant to Section 7(b) (being any of the categories set forth below) when filing pursuant to Section 7(b) of this Disclosure Agreement:
1. “quarterly/monthly financial information;”
2. “change in fiscal year/timing of annual disclosure;”
3. “change in accounting standard;”
4. “interim/additional financial information/operating data;”
5. “budget;”
6. “investment/debt/financial policy;”
7. “information provided to rating agency, credit/liquidity provider or other third party;”
8. “consultant reports;” and
9. “other financial/operating data.”
(viii) provide the Issuer evidence of the filings of each of the above when made, which shall be by means of the DAC system, for so long as DAC is the Disclosure Dissemination Agent under this Disclosure Agreement.
(f) The Issuer may adjust the Annual Filing Date upon change of its fiscal year by providing written notice of such change and the new Annual Filing Date to the Disclosure Dissemination Agent, Trustee (if any) and the MSRB, provided that the period between the existing Annual Filing Date and new Annual Filing Date shall not exceed one year.
(g) Any in this Disclosure Agreement to the contrary notwithstanding, any Information received by the Disclosure Dissemination Agent before 10:00 a.m. Eastern time on any business day that it is required to file with the MSRB pursuant to the terms of this Disclosure Agreement and that is accompanied by a Certification and all other information required by the terms of this Disclosure Agreement will be filed by the Disclosure Dissemination Agent with the MSRB no later than 11:59 p.m. Eastern time on the same business day; provided, however, the Disclosure Dissemination Agent shall have no liability for any delay in filing with the MSRB if such delay is caused by a Force Majeure Event provided that the Disclosure Dissemination Agent uses reasonable efforts to make any such filing as soon as possible.
SECTION 3. Content of Annual Reports.
(a) Each Annual Report shall contain Annual Financial Information with respect to the Issuer, including the financial and statistical information provided in the Official Statement:
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(i) Approximate Market Value/Assessment Summary of taxable property in the District; (ii) Tax levy for the District for current fiscal year; (iii) Tax collections for the District for preceding fiscal year; (iv) Ten largest taxpayers for District for preceding fiscal year; (v) Debt service requirements for the next succeeding five years.
(b) Audited Financial Statements as described in the Official Statement will be included in the Annual Report. If audited financial statements are not available, then, unaudited financial statements, prepared in accordance with General Accepted Accounting Principles as described in the Official Statement will be included in the Annual Report. In such event, Audited Financial Statements (if any) will be provided pursuant to Section 2(d).
Any or all of the items listed above may be included by specific reference from other documents, including official statements of debt issues with respect to which the Issuer is an “obligated person” (as defined by the Rule), which have been previously filed with the Securities and Exchange Commission or available on the MSRB Internet website. If the document incorporated by reference is a final official statement, it must be available from the MSRB. The Issuer will clearly identify each such document so incorporated by reference.
Any Annual Financial Information contains modified operating data or financial information different from the Annual Financial Information agreed to in the continuing disclosure undertaking related to the Bonds, the Issuer is required to explain, in narrative form, the reasons for the modification and the impact of the change in the type of operating data or financial information being provided.
SECTION 4. Reporting of Notice Events.
(a) The occurrence of any of the following events with respect to the Bonds constitutes a Notice Event:
1. Principal and interest payment delinquencies;
2. Non-payment related defaults, if material;
3. Unscheduled draws on debt service reserves reflecting financial difficulties;
4. Unscheduled draws on credit enhancements reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701- TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds;
7. Modifications to rights of Bond holders, if material;
8. Bond calls, if material, and tender offers;
9. Defeasances;
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10. Release, substitution, or sale of property securing repayment of the Bonds, if material;
11. Rating changes;
12. Bankruptcy, insolvency, receivership or similar event of the Obligated Person;
Note to subsection (a)(12) of this Section 4: For the purposes of the event described in subsection (a)(12) of this Section 4, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an Obligated Person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the Obligated Person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the Obligated Person.
13. The consummation of a merger, consolidation, or acquisition involving an Obligated Person or the sale of all or substantially all of the assets of the Obligated Person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material;
14. Appointment of a successor or additional trustee or the change of name of a trustee, if material;
15. Incurrence of a Financial Obligation of an Obligated Person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of an Obligated Person, any of which affect security holders, if material; and
16. Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a Financial Obligation of an Obligated Person, any of which reflect financial difficulties.
The Issuer shall, in a timely manner not later than nine (9) business days after its occurrence, notify the Disclosure Dissemination Agent in writing of the occurrence of a Notice Event. Such notice shall instruct the Disclosure Dissemination Agent to report the occurrence pursuant to subsection (c) and shall be accompanied by a Certification. Such notice or Certification shall identify the Notice Event that has occurred (which shall be any of the categories set forth in Section 2(e)(iv) of this Disclosure Agreement), include the text of the disclosure that the Issuer desires to make, contain the written authorization of the Issuer for the Disclosure Dissemination Agent to disseminate such information, and identify the date the Issuer desires for the Disclosure Dissemination Agent to disseminate the information (provided that such date is not later than the tenth business day after the occurrence of the Notice Event).
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(b) The Disclosure Dissemination Agent is under no obligation to notify the Issuer or the Disclosure Representative of an event that may constitute a Notice Event. In the event the Disclosure Dissemination Agent so notifies the Disclosure Representative, the Disclosure Representative will within two business days of receipt of such notice (but in any event not later than the tenth business day after the occurrence of the Notice Event, if the Issuer determines that a Notice Event has occurred), instruct the Disclosure Dissemination Agent that either (i) a Notice Event has not occurred and no filing is to be made or (ii) a Notice Event has occurred and the Disclosure Dissemination Agent is to report the occurrence pursuant to subsection (c) of this Section 4, together with a Certification. Such Certification shall identify the Notice Event that has occurred (which shall be any of the categories set forth in Section 2(e)(iv) of this Disclosure Agreement), include the text of the disclosure that the Issuer desires to make, contain the written authorization of the Issuer for the Disclosure Dissemination Agent to disseminate such information, and identify the date the Issuer desires for the Disclosure Dissemination Agent to disseminate the information (provided that such date is not later than the tenth business day after the occurrence of the Notice Event).
(c) If the Disclosure Dissemination Agent has been instructed by the Issuer as prescribed in subsection (a) or (b)(ii) of this Section 4 to report the occurrence of a Notice Event, the Disclosure Dissemination Agent shall promptly file a notice of such occurrence with the MSRB in accordance with Section 2(e)(iv) hereof. This notice may be filed with a cover sheet completed by the Disclosure Dissemination Agent in the form set forth in Exhibit C-1.
SECTION 5. CUSIP Numbers. The Issuer will provide the Dissemination Agent with the CUSIP numbers for (i) new bonds at such time as they are issued or become subject to the Rule and (ii) any Bonds to which new CUSIP numbers are assigned in substitution for the CUSIP numbers previously assigned to such Bonds.
SECTION 6. Additional Disclosure Obligations. The Issuer acknowledges and understands that other state and federal laws, including but not limited to the Securities Act of 1933 and Rule 10b-5 promulgated under the Securities Exchange Act of 1934, may apply to the Issuer, and that the duties and responsibilities of the Disclosure Dissemination Agent under this Disclosure Agreement do not extend to providing legal advice regarding such laws. The Issuer acknowledges and understands that the duties of the Disclosure Dissemination Agent relate exclusively to execution of the mechanical tasks of disseminating information as described in this Disclosure Agreement.
SECTION 7. Voluntary Filing.
(a) The Issuer may instruct the Disclosure Dissemination Agent to file a Voluntary Event Disclosure with the MSRB from time to time pursuant to a Certification of the Disclosure Representative. Such Certification shall identify the Voluntary Event Disclosure (which shall be any of the categories set forth in Section 2(e)(vi) of this Disclosure Agreement), include the text of the disclosure that the Issuer desires to make, contain the written authorization of the Issuer for the Disclosure Dissemination Agent to disseminate such information, and identify the date the Issuer desires for the Disclosure Dissemination Agent to disseminate the information. If the Disclosure Dissemination Agent has been instructed by the Issuer as prescribed in this Section 7(a) to file a Voluntary Event Disclosure, the Disclosure Dissemination Agent shall promptly file such Voluntary Event Disclosure with the MSRB in accordance with Section 2(e)(vi) hereof. This notice may be filed with a cover sheet completed by the Disclosure Dissemination Agent in the form set forth in Exhibit C-2.
(b) The Issuer may instruct the Disclosure Dissemination Agent to file a Voluntary Financial Disclosure with the MSRB from time to time pursuant to a Certification of the Disclosure Representative. Such Certification shall identify the Voluntary Financial Disclosure (which shall be any of the categories
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set forth in Section 2(e)(vii) of this Disclosure Agreement), include the text of the disclosure that the Issuer desires to make, contain the written authorization of the Issuer for the Disclosure Dissemination Agent to disseminate such information, and identify the date the Issuer desires for the Disclosure Dissemination Agent to disseminate the information. If the Disclosure Dissemination Agent has been instructed by the Issuer as prescribed in this Section 7(b) hereof to file a Voluntary Financial Disclosure, the Disclosure Dissemination Agent shall promptly file such Voluntary Financial Disclosure with the MSRB in accordance with Section 2(e)(vii) hereof. This notice may be filed with a cover sheet completed by the Disclosure Dissemination Agent in the form set forth in Exhibit C-3.
(c) The parties hereto acknowledge that the Issuer is not obligated pursuant to the terms of this Disclosure Agreement to file any Voluntary Event Disclosure pursuant to Section 7(a) hereof or any Voluntary Financial Disclosure pursuant to Section 7(b) hereof.
(d) Nothing in this Disclosure Agreement shall be deemed to prevent the Issuer from disseminating any other information through the Disclosure Dissemination Agent using the means of dissemination set forth in this Disclosure Agreement or including any other information in any Annual Report, Audited Financial Statements, Notice Event notice, Failure to File Event notice, Voluntary Event Disclosure or Voluntary Financial Disclosure, in addition to that required by this Disclosure Agreement. If the Issuer chooses to include any information in any Annual Report, Audited Financial Statements, Notice Event notice, Failure to File Event notice, Voluntary Event Disclosure or Voluntary Financial Disclosure in addition to that which is specifically required by this Disclosure Agreement, the Issuer shall have no obligation under this Disclosure Agreement to update such information or include it in any future Annual Report, Audited Financial Statements, Notice Event notice, Failure to File Event notice, Voluntary Event Disclosure or Voluntary Financial Disclosure.
SECTION 8. Termination of Reporting Obligation. The obligations of the Issuer and the Disclosure Dissemination Agent under this Disclosure Agreement shall terminate with respect to the Bonds upon the legal defeasance, prior redemption or payment in full of all of the Bonds, when the Issuer is no longer an obligated person with respect to the Bonds, or upon delivery by the Disclosure Representative to the Disclosure Dissemination Agent of an opinion of counsel expert in federal securities laws to the effect that continuing disclosure is no longer required.
SECTION 9. Disclosure Dissemination Agent. The Issuer has appointed Digital Assurance Certification, L.L.C. as exclusive Disclosure Dissemination Agent under this Disclosure Agreement. The Issuer may, upon thirty days written notice to the Disclosure Dissemination Agent and the Trustee, replace or appoint a successor Disclosure Dissemination Agent. Upon termination of DAC's services as Disclosure Dissemination Agent, whether by notice of the Issuer or DAC, the Issuer agrees to appoint a successor Disclosure Dissemination Agent or, alternately, agrees to assume all responsibilities of Disclosure Dissemination Agent under this Disclosure Agreement for the benefit of the Holders of the Bonds. Notwithstanding any replacement or appointment of a successor, the Issuer shall remain liable to the Disclosure Dissemination Agent until payment in full, for any and all sums owed and payable to the Disclosure Dissemination Agent. The Disclosure Dissemination Agent may resign at any time by providing thirty days' prior written notice to the Issuer.
SECTION 10. Remedies in Event of Default. In the event of a failure of the Issuer or the Disclosure Dissemination Agent to comply with any provision of this Disclosure Agreement, the Holders' rights to enforce the provisions of this Disclosure Agreement shall be limited solely to a right, by action in mandamus or for specific performance, to compel performance of the parties' obligation under this Disclosure Agreement. Any failure by a party to perform in accordance with this Disclosure Agreement shall not constitute a default on the Bonds or under any other document relating to the Bonds, and all rights and remedies shall be limited to those expressly stated herein.
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SECTION 11. Duties, Immunities and Liabilities of Disclosure Dissemination Agent.
(a) The Disclosure Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Agreement. The Disclosure Dissemination Agent's obligation to deliver the information at the times and with the contents described herein shall be limited to the extent the Issuer has provided such information to the Disclosure Dissemination Agent as required by this Disclosure Agreement. The Disclosure Dissemination Agent shall have no duty with respect to the content of any disclosures or notice made pursuant to the terms hereof. The Disclosure Dissemination Agent shall have no duty or obligation to review or verify any Information or any other information, disclosures or notices provided to it by the Issuer and shall not be deemed to be acting in any fiduciary capacity for the Issuer, the Holders of the Bonds or any other party. The Disclosure Dissemination Agent shall have no responsibility for the Issuer's failure to report to the Disclosure Dissemination Agent a Notice Event or a duty to determine the materiality thereof. The Disclosure Dissemination Agent shall have no duty to determine, or liability for failing to determine, whether the Issuer has complied with this Disclosure Agreement. The Disclosure Dissemination Agent may conclusively rely upon Certifications of the Issuer at all times.
The obligations of the Issuer under this Section shall survive resignation or removal of the Disclosure Dissemination Agent and defeasance, redemption or payment of the Bonds.
(b) The Disclosure Dissemination Agent may, from time to time, consult with legal counsel (either in-house or external) of its own choosing in the event of any disagreement or controversy, or question or doubt as to the construction of any of the provisions hereof or its respective duties hereunder, and shall not incur any liability and shall be fully protected in acting in good faith upon the advice of such legal counsel. The reasonable fees and expenses of such counsel shall be payable by the Issuer.
(c) All documents, reports, notices, statements, information and other materials provided to the MSRB under this Disclosure Agreement shall be provided in an electronic format and accompanied by identifying information as prescribed by the MSRB.
SECTION 12. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Agreement, the Issuer and the Disclosure Dissemination Agent may amend this Disclosure Agreement and any provision of this Disclosure Agreement may be waived, if such amendment or waiver is supported by an opinion of counsel expert in federal securities laws acceptable to both the Issuer and the Disclosure Dissemination Agent to the effect that such amendment or waiver does not materially impair the interests of Holders of the Bonds and would not, in and of itself, cause the undertakings herein to violate the Rule if such amendment or waiver had been effective on the date hereof but taking into account any subsequent change in or official interpretation of the Rule; provided neither the Issuer or the Disclosure Dissemination Agent shall be obligated to agree to any amendment modifying their respective duties or obligations without their consent thereto.
Notwithstanding the preceding paragraph, the Disclosure Dissemination Agent shall have the right to adopt amendments to this Disclosure Agreement necessary to comply with modifications to and interpretations of the provisions of the Rule as announced by the Securities and Exchange Commission from time to time by giving not less than 20 days written notice of the intent to do so together with a copy of the proposed amendment to the Issuer. No such amendment shall become effective if the Issuer shall, within 10 days following the giving of such notice, send a notice to the Disclosure Dissemination Agent in writing that it objects to such amendment.
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SECTION 13. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of the Issuer, the Trustee, if any, of the Bonds, the Disclosure Dissemination Agent, the underwriter, and the Holders from time to time of the Bonds, and shall create no rights in any other person or entity.
SECTION 14. Governing Law. This Disclosure Agreement shall be governed by the laws of the State of Florida (other than with respect to conflicts of laws).
SECTION 15. Counterparts. This Disclosure Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
The Disclosure Dissemination Agent and the Issuer have caused this Disclosure Agreement to be executed, on the date first written above, by their respective officers duly authorized.
DIGITAL ASSURANCE CERTIFICATION, L.L.C., as Disclosure Dissemination Agent
By: Name: Title:
CHARLESTON COUNTY PARK AND RECREATION DISTRICT, SOUTH CAROLINA, as Issuer
By: Name: Title:
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EXHIBIT A
NAME AND CUSIP NUMBERS OF BONDS
Name of Issuer: Charleston County Park and Recreation District Obligated Person: Charleston County Park and Recreation District Name of Issue: General Obligation Bonds of 2020 Date of Issuance: ______, 2020 Date of Official Statement: ______, 2020
CUSIP Numbers:
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EXHIBIT B
NOTICE TO MSRB OF FAILURE TO FILE ANNUAL REPORT
Issuer Charleston County Park and Recreation District Obligated Person: Charleston County Park and Recreation District Name of Issue: General Obligation Bonds of 2020 Date of Issuance: ______, 2020
NOTICE IS HEREBY GIVEN that the Issuer has not provided an Annual Report with respect to the above named Obligations as required by the Disclosure Dissemination Agent Agreement, dated as of ______, 2020, between the Issuer and Digital Assurance Certification, L.L.C., as Disclosure Dissemination Agent. The Issuer has notified the Disclosure Dissemination Agent that it anticipates that the Annual Report will be filed by ______.
Dated: ______
Digital Assurance Certification, L.L.C., as Disclosure Dissemination Agent, on behalf of the Issuer
cc: Issuer Obligated Person
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EXHIBIT C-1 EVENT NOTICE COVER SHEET
This cover sheet and accompanying “event notice” may be sent to the MSRB, pursuant to Securities and Exchange Commission Rule 15c2-12(b)(5)(i)(C) and (D).
Issuer’s and/or Other Obligated Person’s Name: ______Issuer’s Six-Digit CUSIP Number: ______or Nine-Digit CUSIP Number(s) of the bonds to which this event notice relates: ______Number of pages attached: ______Description of Notice Events (Check One):
1. “Principal and interest payment delinquencies;” 2. “Non-Payment related defaults, if material;” 3. “Unscheduled draws on debt service reserves reflecting financial difficulties;” 4. “Unscheduled draws on credit enhancements reflecting financial difficulties;” 5. “Substitution of credit or liquidity providers, or their failure to perform;” 6. “Adverse tax opinions, IRS notices or events affecting the tax status of the security;” 7. “Modifications to rights of securities holders, if material;” 8. “Bond calls, if material;” Tender offers; 9. “Defeasances;” 10. “Release, substitution, or sale of property securing repayment of the securities, if material;” 11. “Rating changes;” 12. “Bankruptcy, insolvency, receivership or similar event of the obligated person;” 13. “Merger, consolidation, or acquisition of the obligated person, if material;” 14. “Appointment of a successor or additional trustee, or the change of name of a trustee, if material;” 15. “Incurrence of a Financial Obligation of the obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the obligated person, any of which affect security holders, if material;” and 16. “Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a Financial Obligation of the obligated person, any of which reflect financial difficulties.”
____ Failure to provide annual financial information as required.
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I hereby represent that I am authorized by the issuer or its agent to distribute this information publicly: Signature: ______Name: ______Title: ______Digital Assurance Certification, L.L.C. 315 E. Robinson Street, Suite 300 Orlando, FL 32801 407-515-1100
Date:
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EXHIBIT C-2 VOLUNTARY EVENT DISCLOSURE COVER SHEET
This cover sheet and accompanying “voluntary event disclosure” may be sent to the MSRB, pursuant to the Disclosure Dissemination Agent Agreement dated as of _____ between the Issuer and DAC.
Issuer’s and/or Other Obligated Person’s Name: ______Issuer’s Six-Digit CUSIP Number: ______or Nine-Digit CUSIP Number(s) of the bonds to which this notice relates: ______Number of pages attached: ______Description of Voluntary Event Disclosure (Check One):
1. “amendment to continuing disclosure undertaking;” 2. “change in obligated person;” 3. “notice to investors pursuant to bond documents;” 4. “certain communications from the Internal Revenue Service;” 5. “secondary market purchases;” 6. “bid for auction rate or other securities;” 7. “capital or other financing plan;” 8. “litigation/enforcement action;” 9. “change of tender agent, remarketing agent, or other on-going party; and” 10. “other event-based disclosures.”
I hereby represent that I am authorized by the issuer or its agent to distribute this information publicly: Signature: ______Name: ______Title: ______Digital Assurance Certification, L.L.C. 315 E. Robinson Street Suite 300 Orlando, FL 32801 407-515-1100
Date:
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EXHIBIT C-3 VOLUNTARY FINANCIAL DISCLOSURE COVER SHEET
This cover sheet and accompanying “voluntary financial disclosure” may be sent to the MSRB, pursuant to the Disclosure Dissemination Agent Agreement dated as of ______, 2020 between the Issuer and DAC.
Issuer’s and/or Other Obligated Person’s Name: ______Issuer’s Six-Digit CUSIP Number: ______or Nine-Digit CUSIP Number(s) of the bonds to which this notice relates: ______Number of pages attached: _____
____ Description of Voluntary Financial Disclosure (Check One): 1. “quarterly/monthly financial information;” 2. “change in fiscal year/timing of annual disclosure;” 3. “change in accounting standard;” 4. “interim/additional financial information/operating data;” 5. “budget;” 6. “investment/debt/financial policy;” 7. “information provided to rating agency, credit/liquidity provider or other third party;” 8. “consultant reports;” and 9. “other financial/operating data.”
I hereby represent that I am authorized by the issuer or its agent to distribute this information publicly: Signature: ______Name: ______Title: ______Digital Assurance Certification, L.L.C. 315 E. Robinson Street Suite 300 Orlando, FL 32801 407-515-1100
Date:
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STATE OF SOUTH CAROLINA
COUNTY OF CHARLESTON
I, the undersigned, Secretary of the Charleston County Park and Recreation Commission, the governing body of the Charleston County Park and Recreation District, in Charleston County, South Carolina, DO HEREBY CERTIFY:
That the foregoing constitutes a true, correct and verbatim copy of a Resolution duly adopted by said Commission at a meeting duly called and held on the 17th day of August, 2020, at which meeting a majority of the membership of said Commission were present, and voted unanimously in favor of the adoption thereof.
That the original of said Resolution is duly entered in the permanent records of said Commission, in my custody as such Secretary of Charleston County Park and Recreation Commission.
IN WITNESS WHEREOF, I have hereunto set my Hand, this 17th day of August, 2020.
Secretary
62
MEMORANDUM
TO: David Bennett FROM: Charles McManus DATE: August 11, 2020 RE: Park and Recreational Development (PARD) Grant Acceptance
CCPRC has been awarded a Park and Recreation Development (PARD) Grant from the State of SC Department of Parks Recreation and Tourism. This funding requires a 20% match. The total Grant is $43,827.50 and CCPRC’s 20% share is $8,765.50. The funds will be used for the Sol Legare Park Playground Renovation Project.
Recommend acceptance of the PARD Grant totaling $ 35,062.00 to provide funding for the Sol Legare Park Playground Renovation project, with CCPRC’s match of $8,765.50 coming from the CIP Reserve Funds.
Rev 2020 63
MEMORANDUM
TO: David Bennett FROM: Charles McManus DATE: August 11, 2020 RE: FY2020 Federal Historic Preservation Grant (SC Department of Archives & History- SCDAH) Grant Acceptance
CCPRC has been awarded a Federal Historic Preservation Grant, administered by the SC Department of Archives & History (SCDAH). This funding requires a 50% match. The total Grant is $22,834.00 and CCPRC’s 50% share is $11,417.00. The funds will be used for the agency-wide cemetery preservation management plan. This plan will help identify management and maintenance tasks necessary for the long-term care and preservation of the agency’s seven historical cemeteries. Recommend acceptance of the Federal Historic Preservation Grant award in the amount of $11,417.00 to provide funding for the agency’s Cemetery Preservation Management plan, with CCPRC’s match of $11,417 coming from Planning & Development’s General Agency Budget.
Rev 2020 64
MEMORANDUM
TO: David Bennett FROM: Steve Hutton DATE: August 12, 2020 RE: ADA Access Audit Report
John McGovern from the WT Group, LLC Accessibility Practice will attend the Commission Meeting on August 17, 2020 to review the findings from their recent Americans with Disabilities Act (ADA) Access Audit of all CCPRC facilities, programs, etc. As a reminder, the WT Group was contracted to provide this audit and develop our Transition Plan (a required element of the ADA) in March, 2019. Since that time, we have worked with Mr. McGovern and his team and they have provided us with the following: • Recommended Transition Plan to remediate all current accessibility deficiencies in our facilities. The plan calls for three phases of work over 11 years, with a total projected cost of $4,244,018.26. • Reports: Conclusions Report, Program and Policy Report and Community Engagement Report • Suggested policy or procedures for CCPRC adoption: Service Animal Policy, Other Power Driven Mobility Devices Policy and Access and Inclusion Solutions Process The initial contract called for the results to be available to the Commission in May, 2020, however the impact of COVID-19 delayed the final results slightly. Despite that delay, the project has been completed and Mr. McGovern will present an overview of the process used for the study as well as their findings and recommendations. He will also be prepared to answer any questions from our Commission or Senior Management staff. This information will be presented as information only—no action is requested from the Commission at this time.
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Folly Beach, like Isle of Palms, slashes parking for non-islanders, effective Friday By Mikaela Porter [email protected] Jul 16, 2020 Updated Jul 28, 2020
Folly Beach leaders on Thursday significantly scaled back the 200 unpaid parking spaces are available on Arctic Avenue. number of parking spaces available to non-islanders. Mayor Tim Goodwin said the reason for reducing parking, like The new parking restrictions will be put in place on Friday at Isle of Palms did a day earlier, is to control the crowds coming noon and remain until Sept. 14. to the beach.
Like Isle of Palms leaders did on Wednesday, Folly Beach “Everybody needs to understand there’s not going to be much leaders originally considered banning beachgoers from parking left and the fines for parking violations during these bringing coolers, beach chairs and umbrellas. Instead, leaders emergency times went up to $150 per violation,” Goodwin introduced new, proposed rules during the meeting. said.
Folly Beach City Council voted unanimously on the new Island residents will still be allowed to park on Ashley Avenue parking restrictions. if their cars or golf carts have the proper decals.
Town Administrator Spencer Wetmore estimated that about People who don’t abide by the new restrictions could face a half of the unpaid, public parking spaces will now not be $150 fine each day they violate it. available. Wetmore said the city normally advertises about Parking lots at Charleston County parks are not affected by 1,700 spaces available for beach parking — 700 paid spaces the new restrictions, but people will be turned away when and about 1,000 along Arctic and Ashley avenues. those lots fill up. Non-islanders will still be able to use the 700 paid parking Folly Beach’s emergency meeting comes a day after Isle of spaces and those on Arctic Avenue. Wetmore estimated about Palms leaders slashed nearly half of the available beach parking to the public and the city of Charleston introduced heftier fines for those who don’t wear masks in public.
Isle of Palms residents with proper identification would be able to park in any of the spots now barred from the public.
Police Chief Kevin Cornett told city leaders there hasn’t been a problem with social distancing on the beach.
In Charleston, people who have been warned to wear a mask could face a $100 fine the next time they are not wearing a mask, $200 the second and $500 the third.
In both the Isle of Palms and Charleston, amplified music is barred after 9 p.m. and restaurants and bars must keep A woman rolls a basket of supplies toward the beach entrance at Folly Pier, Thurs- day July 16, 2020 at Folly Beach . By Gavin McIntyre [email protected] occupancy at 50 percent maximum.
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Parking lots full and heavy traffic reported as people flock to the Isle of Palms on Friday by: Tim Renaud Posted: Jul 3, 2020 / 12:49 PM EDT / Updated: Jul 3, 2020 / 12:56 PM EDT
ISLE OF PALMS, S.C. (WCBD) – The 4th of July weekend is upon pavement; right of the white line, and must be less than 14 us and that means more people will be making their way to feet from pavement, left of the orange line. Lowcountry beaches to enjoy a little sun and sand. Do not park in an area with a red line. Police on the Isle of Palms reported heavy traffic Friday The Berkeley-Charleston-Dorchester Council of Governments morning with visitors making their way towards Isle of Palms has partnered with the City of Isle of Palms, the Town of County Park. Sullivan’s Island, the City of Folly Beach, and the Town of Mount Pleasant to create “Beach Reach,” a new app that Parking lots were also full by 11:00 a.m. and those heading to monitors beach traffic in real time. the beach are encouraged to plan accordingly. The app shows users traffic leading up to the beaches, and If you are heading to the island, police remind you at avenues provides insight regarding “parking, access, policies and off Palm Boulevard are reserved for resident parking only. more.” Parking on Palm Blvd. must be at least 4-feet off the It is compatible with Apple and Android smartphones.
Coastal communities handle beach parking in a variety of ways By TAYLOR COOPER [email protected] Jul 15, 2020
The concept of paid parking is not a new thing for beach In 2015, county commissioners proposed paving some communities up and down the southern East Coast, but it’s parking areas on St. Simons Island and charging for their use, one met with resistance in some communities, including St. a movement abandoned by commissioners in the face of Simons Island. opposition from residents. One commissioner called it one of the “third rails” of local politics. Glynn County’s revenue study committee will take up the subject at a meeting this morning at the request of a county It’s a contentious issue elsewhere as well, but the beach commissioner, David O’Quinn. On Monday, O’Quinn said he’s communities that have managed it each do it differently. hopeful a parking fee can be used to improve safety for At Folly Beach, S.C., a barrier island near Charleston, very little beachgoers. What parking areas would be included in the fee, of available beach access parking is public. Two parking lots, how much it would cost and how people will pay will be one at Folly Beach County Park and the other at Folly something for the committee to consider, he said. Beach Pier, charge between $5 and $15 a day, depending on 3
beach parking — continued the time of year. Several others along the beach are privately Collecting the fee doesn’t take much effort or money on the owned and managed by Delaware-based Passport. city’s part, Ryerson said. A contractor runs the online par king fee software and anyone using it pays the transaction fee Further south and a little closer to home, Hilton Head, S.C., upfront. Most beach communities surveyed offer some kind of offers some paid parking and some free public space, along discount or priority to residents. Tybee exempts locals who with dedicated parking spaces for annual pass holders, register their car tags with the police department, he said. something not offered in every beachfront community. Closer to St. Simons Island in size, Fernandina Beach on “We’re in the process of doing a parking study which will help Amelia Island took a look last year at a similar system, but pub- us determine what we need to address and whether we need lic opposition stalled the effort. to have meters at all beach parks,” said Hilton Head spokeswoman Carolyn Grant. “Part of it is we are a small town and we have a desire to maintain that small-town feel,” said Jeremiah Glisson, fleet, To the south, Jacksonville Beach charges for parking on facilities and sanitation director with the city of Fernandina weekends and during holidays and events. Beach. “But we are a tourist town.” In most cases, the stated purpose of the fee is to offset the Similar to Glynn County, the idea to charge for beach parking cost of beach safety and maintenance. has occurred to Fernandina’s city commissioners in the past at
The city of Tybee Island also has to contend with the impact fairly regular intervals. It isn’t typically met with much hordes of visitors have on the small island’s infrastructure. approval from the public, he said.
“It’s not really the locals who are incurring a large amount of “It does seem every new commission revisits this,” Glisson garbage or emergency services or anything else,” said Pete said. Ryerson, Tybee Island parking director. Amelia Island residents felt it would change the character of
Nearly all parking on Tybee Island is beach parking, he said, the island and that it would be double-dipping into taxpayers’ with Saturday attracting as many as 12,000 visitors to an wallets. Those who live on the island but outside the city limits island with only 2,800 dedicated public parking spots. Parking felt they would not be getting much from it because a sizable is a severe and pressing issue for Tybee. chunk of the revenue would have gone into emergency services. “We had them lined up along the side of the streets,” Ryerson said. From Glisson’s perspective, it was something the city could have used. A parking fee is charged year-round and largely handled via the internet and a mobile app. Around 5 to 6 percent of the “‘Free parking’ is a misnomer,” Glisson said. “For everything it island’s revenue comes from coin-operated meters, he said, takes to maintain a parking spot, someone has to pay for it.” but that’s on the way out. Revenue covers a little of Glynn County’s revenue study committee will meet at 9 a.m. everything from lifeguards to animal control to the island’s to discuss a St. Simons Island beach parking fee. The meeting weather warning system. will be held virtually and broadcast to the county’s Facebook
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IOP restricts beach parking; SI extends beach policy Zach Giroux [email protected] Jul 15, 2020 Updated 6 hrs ago
New beach parking and commercial restrictions have been construction personnel and any person with business purposes implemented on both of East Cooper’s barrier islands. Isle of who displays a proper business license. Palms and Sullivan’s Island have enacted further limitations to Also, the Municipal Parking Lots will be reduced to 50% safeguard against the spread of COVID-19. capacity and parking on side streets between 3rd and 9th The two municipalities held separate special meetings on Avenue will be eliminated. Parking on Hartnett Boulevard Wednesday morning and afternoon to discuss the prohibition between 27th and 29th Avenue near the IOP Recreation of chairs, umbrellas “sun coverings” or coolers at the beach. Center will be restricted to residential and recreational only. One island stuck to its original ordinance, while the other The Turtle Team may apply for parking passes from the scratched their motion and passed an entirely new IOP Police Department during this period to allow for parking amendment. in the above areas. Full beach parking will be available at the Sullivan’s Island Town Council’s meeting took less than 10 IOP County Park and the Breach Inlet parking lot. minutes to reach a consensus before breaking for executive Parking violations will result in a $100 fine, consistent with the session. Council unanimously passed an extension to current rate for other parking-related infractions. Emergency Ordinance 2020-14, which will continue to prohibit chairs, umbrellas and coolers on the beach for up to the next In addition, occupancy at bars, restaurants and event spaces 60 days, Sept. 16, unless otherwise amended. will be reduced to 50%. Council empowers the City Fire Marshall to inspect and issue a citation. Isle of Palms City Council discussed for more than an hour before coming to a conclusion. Furthermore, live entertainment or amplified music will be forced to shut down after 9 p.m. This includes but is not The city’s agenda regarding Emergency Ordinance 2020-11 limited to bands, DJ’s, karaoke, bingo, trivia, contests, or other previously mentioned prohibiting the use of chairs, sun crow drawing activity. coverings and coolers on the beach. Similar to the current restriction on Sullivan’s Island. These changes will be in effect until Aug. 16 unless otherwise amended. In lieu of enforcing the aforementioned beach activity, council veered off to the topic of beach parking. Nearly all of council agreed that it would take an “extraordinary measure” to choke the overcrowding problem on the island. Council came to a solution that would deter the amount of daytrippers that visit the island, an average of 25,000 vehicles per day on the week- ends.
A vote passed 6-2 in favor of prohibiting all parking on Palm Boulevard between 21st and 57th Avenue, 24-hours a day for the next 30 days, effective Friday, July 17. Exceptions to the SI restricts the use of chairs, coolers and umbrellas in response ordinance include residents with property decals, 5 to COVID-19. Cecilia Brown/staff
IOP parking restrictions impact ability to use beach for some by Eli Brand Friday, July 17th 2020
ISLE OF PALMS, S.C. (WCIV) — New parking restrictions went City council voted for the new measures to take place, but into place Friday on the Isle of Palms to encourage social one council member who opposes the restrictions said he distancing. They may leave some people off the beaches thinks they infringe on people's rights. completely, though. “We need to make parking available. We need to continue to As of Friday, all parking on Palm Boulevard is prohibited and enforce social distancing, which the police chief has done, and municipal lots are capped at 50 percent capacity. our public service has done, but we don’t need to eliminate the right that people have to come and utilize the state’s “Basically, I can’t go to the beach anymore. I have multiple beaches," said Councilman Ryan Buckhannon. sclerosis," said Tiffany Tallent, who stated that her disease won't allow her to travel the distance needed to get away The restrictions are set to last for the next 30 days, after from crowds. which city council will have to vote to extend them. Buckhannan and Councilwoman Susan Hill-Smith said they Much of the area designated for parking is centralized in the want the restrictions changed. commercial district of Ocean Boulevard, requiring people to walk hundreds of yards to properly social distance once they Despite the restrictions, Isle of Palms County Park use a beach access. announced it will continue to fill its lots to full capacity, as they are not governed by the city council. “The parking restrictions were meant to reduce the number of people swelling on the beaches in an effort to maybe You can view a full list of the new restrictions here. encourage more social distancing," said IOP Police Chief Kevin Similar restrictions also began taking place on Folly Beach on Cornett, who also added that the restrictions will cause traffic Friday. to back up on the island even more than normal.
No capacity restrictions for parking at Isle of Palms County Park, officials say by Tony Fortier-Bensen Friday, July 17th 2020
ISLE OF PALMS (WCIV) — On Wednesday, Isle of Palms City "The park often fills to capacity, but it continues to operate Council passed new restrictions for parking on the island to regularly and has not been affected by the parking restrictions limit the crowds on the beaches. recently instituted on the island," officials said.
In order to clear up some confusion, Charleston County Parks For a detailed list of the new parking restrictions on Palm officials said that the restrictions do not include the Isle of Boulevard and other roads on the island, click HERE. Palms County Park, which is still providing 100 percent of its parking capacity.
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IOP parking citations nearly triple during first weekend of new restrictions by Matt Dillane Monday, July 20th 2020
ISLE OF PALMS, S.C. (WCIV) — Authorities were busy on the Isle of Palms County Park is still filling its lots to full Isle of Palms over the weekend enforcing new parking rules. capacity, as it is not governed by city council.
Officials said 347 citations were issued between Friday and Folly Beach City Council also implemented new parking Sunday. That figure was just 118 the previous weekend. restrictions for the community starting Friday.
The new restrictions went into place on Friday in an effort to ABC News 4 has reached out to Folly Beach authorities for encourage social distancing on the beach amid the ongoing their citation figures from the weekend. coronavirus pandemic.
Parking on Palm Boulevard is prohibited and municipal lots can only be halfway filled.
LETTER: Beach communities don’t need my parking money
Jul 29, 2020 Updated 6 min ago
To the Editor: I refuse to frequent the beaches as going to the beach should be free as I John Q Public refuse to pay to walk on sand that All the beach communities need to take a lesson from Moncks my tax money went to pay for. Corner and Summerville; neither of them have parking meters. Personally I’ll stick close to home when I want to relax — and Summerville has a parking garage but has no attendant as they use the money I saved by not feeding meters or Beach Park don’t charge a fee for parking in it. fees to support the local business instead of supporting a greedy local government that doesn’t know what side their Folly Beach seems to have forgotten like the other beach bread is buttered on. communities that they don’t own the beach. Charles Billings, Moncks Corner The Folly Island park wouldn’t exist if the tax payer’s hadn’t paid for their sand. Now Isle of the Palms is thinking of raising parking fees.
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Charleston-area residents protest restrictive beach parking on Isle of Palms by Tony Fortier-Bensen & Amy Russo Saturday, July 25th 2020
ISLE OF PALMS, S.C. (WCIV) — Many Charleston area people As of Saturday evening, it garnered 1,300 signatures. are upset with new parking restrictions on the Isle of Palms. "We are asking them to get back together right away to vote Charleston-area residents protest restrictive beach parking on to reverse the parking ban," said Kevin Bunting. Isle of Palms. Source - WCIV He adds hundreds of parking spots have been taken away Around 15 people stood in protest on Palm Boulevard, where from visitors - crowding everyone to one area. signs litter along the road to not park without a IOP resident "It's no longer a question of social distancing there; it's trying parking decal. to not rub sweat all over each other," said Bunting. "They [town council] put the ban together claiming it's in the ABC News 4 has reached out to IOP Mayor Jimmy Carroll. He name of COVID protection but forcing thousands of people says council will hold a meeting Tuesday night to discuss into one tiny spot is the opposite of a COVID plan," said Kevin changing parking to one side of Palm Boulevard. Bunting, one of the 15 people out on the island today protesting. Chief Cornett says he and the organizer of the event came together and agreed his department would not ticket On July 15th, IOP Town Council held an emergency meeting protesters that parked along Palm Boulevard for the duration focused on limiting the spread of COVID 19 on the island. of their event as long as they stood outside their vehicles, IOP Police Chief Kevin Cornett said that emergency meeting wore masks and held their signs. enacted an ordinance that restricted parking in all of Palm In the first weekend of the new rules, IOP Police ticketed 347 Boulevard and all of the avenues to residents only with decals. people, compared to 118 the weekend before. He added Municipal Lot B was reduced by 50 percent, although the Isle of Palms County Park is still operating at 100 percent.
"Council enacted this ordinance with the intent to reduce the number of people that would father on the beach so that they could ensure social distancing was taking place," said Chief Cornett.
An online petition created by Jane Bunting last week demands equal beach access in the Charleston area.
Protesters at IOP against resstrictive parking (WCIV).jpg
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Former Citadel football player breaking diversity ground in college athletics
By Jeff Hartsell [email protected] Jul 27, 2020 Updated 5 hrs ago
A Valentine’s Day basketball game on a week night at The football team, the 2013 Citadel graduate was recently hired as Citadel can be a tough draw, even for the most romantic of the new director of athletic development at Davidson College. hoop fans. That puts McCladdie in charge of fundraising for athletics at the alma mater of NBA star Stephen Curry. Brandon McCladdie found that out the hard way when he was a sports marketing intern at The Citadel. Citadel cornerback McCladdie, Timberland grad Quinton Washington get NFL mini-camp tryouts (copy) “My idea was to invite any sororities from the College of Charleston to come visit with cadets on campus at the game,” It’s a big job for a 29-year-old, and an important step forward McCladdie recalled. “Some of our male cadets did show up, for diversity in college athletics administration, where minori- but they quickly turned around when they saw the turnout. ties are not always well represented. They said, ‘We’ll just go watch the game.’ “If you are looking at senior athletics administration roles, I “I don’t think The Citadel has implemented that idea since I think Brandon is breaking ground,” said Davidson athletic left.” director Chris Clunie, a former Wildcat basketball player who is one of 51 black athletic directors among 354 NCAA Division I McCladdie has come a long way in athletics administration schools. “You look around the country, and those numbers are since that Valentine’s Day flop. not what other numbers are just in terms of representation.
An all-Southern Conference defensive back for the Bulldogs’ “Whenever you have someone like Brandon to fill a job like that, it continues a shift, a positive and important shift, in college athletics.”
McCladdie, who went to Evans High School near Augusta, Ga., was a good enough football player at The Citadel to earn a free -agent tryout at the Dallas Cowboys’ rookie camp after his senior season.
But he had already begun laying the groundwork for a career in college athletics, majoring in sports management while graduating a semester early, and then earning a master’s in business. In addition to sports marketing at The Citadel, he did internships for Charleston County Parks, the Charleston Battery soccer team and The Citadel’s Brigadier Foundation, Former Citadel cornerback Brandon McCladdie is now the director the fundraising arm for Citadel athletics. of athletic development at Davidson College. File/Douglas Rogers/Special to the Post and Courier
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Citadel football player — continued
assistant to assistant director of The Virginia Athletics Foundation. In 2½ years at Oregon State, he was a key fund- raiser for capital and endowment support as director of development for athletics, helping the team reach a record-breaking fundraising year in 2019.
When the job at Davidson came open, McCladdie knew he wanted to come back East to be closer to home.
“It’s a great opportunity for me to lead my own shop at a school I am familiar with,” he said. “And Davidson is a school that I know does things the right way on and off the field.”
Former Citadel cornerback Brandon McCladdie is now the director of athletic development at Davidson College. McCladdie’s resumé and personality pushed him to the top of File/Douglas Rogers/Special to the Post and Courier the pile, Clunie said.
“It’s really hard now with COVID-19 to conduct interviews and “That’s when I knew college sports was the space for me,” said do everything through Zoom and not meet people face-to- McCladdie, who credits Citadel administrators such as Andy face,” Clunie said. “But with Brandon, I really felt like I had met Solomon, J.B. Weber and Larry Leckonby, and former College him face-to-face. He’s very authentic and charismatic, and he of Charleston AD Joe Hull, for helping to guide him. really gets it.
“So many people there poured into me and were willing to “You got the sense this is something he’s really been working connect with me off the field and help me grow into who I am toward, and the timing was right for both of us. I felt like he today,” McCladdie said. “Joe Hull and Larry Leckonby, they was a kindred spirit and somebody who could help us turn the knew about my overall goal of being an athletic director one page in a powerful way at Davidson.” day, and they told me athletic development would be a good fit for me. It’s also important to be a role model, McCladdie said.
“If you look at current trends, fundraising is very important in “I had so many great administrators pour into me and teach the role of athletic director. They told me, ‘To reach your goal, me, but I noticed that none of them looked like ” me, this is a good fit for you.’” McCladdie said. “I knew that I wanted to get into this space, and I had some very candid conversations about what that McCladdie followed their advice with a one-year internship in would look like, especially in fundraising. Cleveland with the National Association of Collegiate Directors of Athletics before moving on to jobs at Virginia and Oregon “I would say that I’m standing on the shoulders of others, and State. hoping to carry the torch and be a leader in college athletics, to be in a position to have a major impact on student- In 2½ years at Virginia, McCladdie rose from annual giving athletes.”
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ASLA awards top medal to Mount Pleasant Councilmember Tom O’Rourke
Jul 4, 2020 Updated Jul 6, 2020
The American Society of Landscape Architects has awarded 5,000 acres to over 12,000 acres of diverse parks, programs one of its highest honors to Tom O’Rourke for his work over a and services. Prior to O’Rourke’s work at Charleston County period of 40 years in the field of parks and recreation. Parks, he also served the Town of Mount Pleasant as their Rec- reation Director. The award recognizes notable contributions by individuals to the management and conservancy of natural resources and/or O’Rourke was elected to the Mount Pleasant Town Council in public landscapes. The award is presented to both a landscape 2017 where he continues to advocate for parks, open space, professional and to a non-landscape professional. O’Rourke is trails, complete streets, and responsible growth. He currently the 2020 non-landscape professional honoree. serves as Professor of Practice at Clemson University in the Department of Parks Recreation and Tourism Management. In In support of his nomination, the South Carolina Chapter of 2018, O’Rourke was presented with the North Carolina State ASLA points to O’Rourke’s passion for parks and recreation University Park Recreation and Tourism Lifetime Achievement and his enthusiasm about the future and the role that parks Award. O’Rourke continues to serve the profession as a speak- and recreation play in the overall health and well-being of a er at numerous State and National Park and Recreation Con- community. They also note that he is a tireless advocate for ferences. sustainable design in parks and the importance of the profes- sionals who contribute to their creation. According to his nominators, O’Rourke’s real desire is to spend the rest of his life using his many years of experience to help O’Rourke served as the Executive Director of the Charleston the parks and recreation industry and those that work within it County Park and Recreation Commission for more than more productive and become their very best. 18 years − a critical period in its growth as it expanded from
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Under scrutiny, historic Lowcountry plantations consider their role in dialogue on race By Adam Parker [email protected] Jul 4, 2020 Updated Jul 15, 2020
So Lester wrote a note to Middleton Place staffers expressing his concerns. What he wanted was, in a word, transparency, he said.
The next day, Jeff Neale, director of preservation and interpretation, called Lester — not to defend or justify Middleton Place’s programming, but to listen.
“I have to admit I was impressed,” Lester said. “I really shared my thoughts. ... He said, ‘Why don’t you come down to our Juneteenth program?’ My wife and I went.”
Neale also sent a link to the historic site’s documentary called “Beyond the Fields: Slavery at Middleton Place,” released in 2017. A row of slave cabins at McLeod Plantation Historic Site in Charleston. By Gavin McIntyre [email protected] It turned out that Middleton Place would cancel its Juneteenth program, at which several public figures had been scheduled Cairy Lester, a 55-year-old African American resident of to recite the names of around 3,000 enslaved people. The staff Charlotte, has a cousin who won’t step foot on a historic had received too many threats and, concerned for the safety plantation site. of patrons and colleagues, felt compelled to shut it all down.
“No way,” his cousin says. “Never.” It doesn’t matter how well Drayton Hall, another historic plantation site along Ashley the management team incorporates the terrible history of River Road, also has been receiving threats and recently slavery; her aversion runs too deep. boosted its onsite security, despite budgetary concerns during a period when the coronavirus pandemic has decimated Lester’s cousin is far from alone. But Lester himself has visited revenues and limited programming. several of Charleston’s antebellum plantation sites, and his experiences have provoked mixed feelings, he said. These and other plantation sites are under scrutiny by critics demanding accountability and a better approach to Recently, he was sitting on his couch late one evening thinking interpreting history, one that eschews the Romanticism of the about Middleton Place and its beauty. It bothered him that past in favor of a harsh reckoning long overdue. Managers at people could get married there — at a place where Black these historic sites say they are ready for the challenge. people suffered and died in bondage. Many historic antebellum sites, damaged during the Civil War, “If it’s not appropriate to have a wedding at a former Nazi were brought back to life in the first part of the 1900s as pri- concentration camp, it’s really not appropriate to have a vate hunting grounds or retreats used by family descendants wedding at a plantation,” he said. “There’s a lot of pain or new owners investing in property down South. In time, associated with this place.” some of these sites became public spaces, sharing their
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Lowcountry plantations consider — continued
In recent decades, more and more has been presented at these sites to pay tribute to those whose forced labor enabled white planters to accumulate enormous wealth. Some white visitors reluctant to confront the realities of slavery pushed back. But now, as the country grapples with persistent police violence and entrenched discrimination against African Americans, many wonder whether historic plantation sites are doing enough, or whether they continue to hold tightly to old thinking and old practices that prioritize tourism income over a long-overdue national reckoning.
Administrators at local nonprofit sites say they welcome the Eliza’s House at Middleton Place, a freeman’s cabin, reckoning as well as opportunities to be part of the solution. is the site of an exhibition about slavery at the former plantation. File/Brad Nettles/staff “Middleton Place Foundation connects people to the past, inspiring a deeper understanding of ourselves and American gardens, majestic live oaks, river views and old houses with history,” President and CEO Tracey Todd said of the mission. paying customers. A combination of park and museum, they “That’s positive change if that could happen.” tended to emphasize the aesthetic beauty of the landscape Carter Hudgins, president and CEO of Drayton Hall, said the over the yet-to-be-excavated history of slavery. key word is “reverence.” A few properties were developed into multiuse public spaces “How do we establish appropriate reverence for the history of by private owners. Magnolia Plantation and Gardens, a a given site?” he asked. “We take much more of an sprawling site along the Ashley River, offers visitors archaeological approach ... in the sense that we are studying opportunities to enjoy the grounds, learn about its history, or and interpreting the remains of past human activity. So the hold on-site events. Lowndes Grove on the Charleston house can be looked at as an archaeological artifact. We want peninsula is primarily an event venue operated by Patrick to know how things were made, how they were used, who Properties. Boone Hall Plantation in Mount Pleasant offers made them.” history tours, hosts events and operates a working farm. It’s about acknowledging the total history of the site, not Other sites were transformed into nonprofit organizations or giving preference to one group over others, he said. foundations increasingly dedicated to sharing their histories. By the 1970s, Middleton Place and Drayton Hall were Both leaders added that, to properly appreciate the institution nonprofits committed to historic preservation and interpreta- of slavery, one must develop an understanding of the slavers tion. Patrons could admire the collection of objects in the and the way they lived, and vice versa. The lives of white house, stroll through a manicured landscape, interact with planters and the lives of those they enslaved are inextricably farm animals, watch demonstrations on blacksmithing, or intertwined. learn about rice cultivation, the agricultural expertise of enslaved West Africans, and the brutality of bondage.
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Lowcountry plantations consider — continued
Wanting the truth
McLeod was operated by middle-class white farmers. Drayton Hall and Middleton Place, instead, were seats of power for influential families that included political leaders, prominent religious figures, a signer of the Declaration of Independence and others with proven historical bona fides.
Todd said much work has been done at Middleton Place over the years to uncover and record aspects of the Black Shawn Halifax, cultural history interpretation coordinator for Charleston County Park & Recreation Commission, stands in front of a row of slave experience at the main plantation and several others owned cabins at McLeod Plantation Historic Site last year.By Gavin McIntyre by the Middleton family. That work is perhaps underappreciat- [email protected] ed by critics focused only on slavery and its horrors.
“Part of that might be our own fault,” Todd mused. “Is there McLeod Plantation, a relatively modest property that’s part an appetite to listen? A lot of people are looking for villains of the Charleston County Park and Recreation Commission, these days.” takes a different approach. Located in a densely populated suburban environment, the former Sea Island cotton But the ancient magnolia tree, nurtured by generations of plantation has little but a row of preserved slave cabins, an enslaved people, also is part of the history of this place, he avenue of oaks and a small exhibit in the old plantation house. noted. Recently, it became a member of the International Coalition of “We’ve got to keep doing what we do, but better and more Sites of Conscience. thoughtfully,” Todd said. As a county park site, it receives about half of its annual budgeted income from government sources, and it caters to locals, according to Shawn Halifax, cultural history interpreta- tion coordinator for the park commission.
“The theme is focused on how enslaved people and their descendants experienced the transition to freedom,” Halifax said. “(We are) trying to make (an) effort to collaborate with descendant communities to work with them to program the site.”
The historical emphasis, in other words, is entirely on the African and African American experience.
Middleton Place features beautifully sculpted gardens. [email protected]
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Lowcountry plantations consider — continued
That could mean more family reunions that include African Americans descendants of enslaved laborers at Middleton Place, more exhibits, new video testimonies, artistic interpretations of slavery, more research, more articles and documentaries or more public outreach and engagement.
“Middleton Place is, if you think about it, a monument to West African people,” Todd said, for it was Africans who created it. “It’s probably the most enduring monument to West African people that exists in this country.”
Colin Quashie, an African American artist based in Charleston whose work often examines entrenched racism, said displaying the opulence enjoyed by white people in the Artist Colin Quashie at work on a portrait of Mar- antebellum period does not bother him, but such splendor tin Luther King Jr. Colin Quashie/Provided must be put into context.
“The biggest issue I have with (plantations) is the focus,” estate impact fee earmarked for a cultural preservation fund. Quashie said. “It should be a much more sobering response, instead of this celebratory response.” “See how swiftly they moved to take Calhoun down?” Quashie said, referring to the removal of the John C. Calhoun It’s wrong to emphasize the majesty of the big house and the monument in Marion Square on June 24. Plantation sites beauty of the gardens over the source of all that wealth. should move just as fast, and set the standard for other “I just don’t understand the difficulty in telling the truth and institutions to follow, he said. “There is a groundswell of putting things in perspective,” he said. “I don’t understand people wanting the truth.” why it’s such a moral dilemma to say the horrors on the Private schools Porter-Gaud and Ashley Hall pledge to work outside paid for the opulence on the inside. Make the contrast with alumni calling for improved diversity clearer.” Hudgins said Drayton Hall, which is owned by the National And, yeah, do away with the weddings. Trust for Historic Preservation and operated by the Drayton “Would Germans allow people to have a wedding at Hall Preservation Trust, hasn’t hosted a wedding for almost 10 Auschwitz?” years. The topic of on-site weddings came up last year, and the staff considered the need for new revenues, but decided Quashie said he appreciates that these sites require money to against reintroducing such events. They were accustomed to operate and interpret history, but surely there are other the absence of wedding revenue, and chose to emphasize sources of income besides weddings and parties. For example, “authentic interpretation and stewardship” instead. the community might support a new tourism tax, or a new real
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Lowcountry plantations consider — continued
“As stewards of these sites, we need to do a better job at “The Whitney is a large exhibit,” noted Todd. An old acknowledging the contributions of enslaved African plantation was transformed into a big memorial. “Middleton Americans,” he said. “That’s why the archaeology is so Place is a real 18th-century landscape created by African important, because you can grasp the tangible and intangible Americans. It’s different. ... Middleton Place is trying to tell stories of everybody who worked at Drayton Hall. ... What’s so more of the story.” important to understand is the work we’re doing is not Lester said he appreciates the effort. preserving white supremacy; we’re preserving the collective history of the Lowcountry to better understand ourselves.” “Could they do more? Probably. But are they sweeping that under the rug? By no means, and I saw that,” he said. More of the story The docents and interpreters didn’t avoid the subject of Some who are engaged in the debate about the value and slavery; they explained freely what life was like for Black purpose of historic plantations have cited the example of the people at Middleton Place, according to Lester. Whitney Plantation in Louisiana, which opened in late 2014. “I wasn’t getting a skewed version,” he said. “Whitney Plantation Museum is the only museum in Louisiana with an exclusive focus on the lives of enslaved people,” its A decade ago, during a visit to the site, Lester and his family website states. “During your visit, you will learn about the were the only African Americans on the slavery tour during history of slavery on a southern Louisiana sugarcane which the guide spoke about how, during Gen. William plantation by visiting memorials built to honor enslaved Tecumseh Sherman’s advance, Union troops burned the main people; as well as original slave cabins, a freedmen’s church, house and north flanker. detached kitchen, and a 1790 owner’s house.” “Someone in the group said that was so tragic,” Lester recalled. “The docent winked at my wife and I and said there were other tragic things that happened here. I have to tip my hat to that.”
Preserving history
About a year ago, Lester was at Drayton Hall for a tour when the guide talked about how slaves have existed for thousands of years, seeming to belittle the “peculiar institution” of American slavery. He spoke up, asking that from now on the guide be certain to distinguish between ancient servitude, which often was part of a class system, and the transatlantic slave trade, a uniquely cruel episode in history that
Middleton Place offers guided Camellia Walks in January . Provided
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Lowcountry plantations consider — continued
To do so, it would help to have more African Americans on staff, doing the research and sharing history with the public, he said.
“Why can’t African Americans give tours? Are you going to HBCUs? There are people you can groom,” he said.
Another improvement would entail making bifurcated tours obsolete. Visitors should not be able to choose between, say, the House Tour and the Slavery Tour, Lester said. Every tour should include a full discussion of slavery.
Generally, though, these sites are striving to do better. Their importance is unquestionable, Lester said.
“There is, I think, a place for them,” Lester said. “If for some reason they didn’t exist, there’s a lot of history that African Americans want to know that would disappear.” Cairy Lester, 55, was born in Queens, New York, lived on the Contact Adam Parker at [email protected] or West Coast, and settled in Charlotte with his family. He is a 843-937-5902. consultant for a bank. His grandparents hailed from Florida and were part of the Great Migration north. Provided purposefully transformed Black people into property and excluded them from participating in social and economic systems.
“I have two daughters,” he said. “I just wanted them to know their history. When I think of people who are my heroes, it’s slaves, people who survived.”
Though much progress has been made improving the presentation of history at former plantation sites, there’s still a little “Gone with the Wind” nostalgia that permeates these places, Lester added. It’s past time to extinguish the nostalgia.
“Tell a more transparent story,” he reiterated. “That, I’d say, is the ask.”
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Commentary: Ancestral link to McLeod Plantation inspires ‘Kingian’ actions
BY VAL McLEOD Jul 2, 2020
Dr. Martin Luther King Jr. said, “The ultimate measure of a I never dreamed that the summer of 2020 would present the man is not where he stands in moments of comfort and opening for me to keep my promise to McLeod ancestors. convenience, but where he stands at times of challenge and In this “do it now” moment, I must act. controversy.” This has become a clarion call for me to stand up Since 1993, I’ve been a certified trainer and practitioner of and share my personal story. Kingian nonviolent conflict management. In 1999, I became In June 2019, I traveled to the beautiful city of Charleston on a one of the King Center’s first Level 2 certified trainers in the media research assignment and to advance a veterans world. When much is given, much more is required. advocacy project. I also was afforded the honor of being mentored by American At hotel check-in, my last name prompted the front desk agent poet Maya Angelou. One of her most memorial teaching to ask if I was connected to the McLeod Plantation. This was points was, “In order to grow, you cannot be afraid to face my first time in Charleston, and I planned to visit some of the what you think you already know.” local historic sites. So I immediately added the McLeod Stronger organizational and community relationships, Plantation to my “must go” list. cooperation and trust require keen vision and a bold, coura- It was June 29, 2019, when Sean Halifax, the site’s historian geous spirit. and director, personally gave me an hourslong tour. I listened After visiting Charleston, I founded VAL U Life More to expand intently and learned immensely about the McLeod slaves who my work with organizations around the country to strengthen persevered in their hope of achieving freedom, equity and growth, engagement and transformation. Much more is justice. required. By the end of this life-changing experience, I accepted that I In this monumentally timely moment, with honesty, respect was now responsible for the insights I gained. Leaving the and robust engagement, we must be willing to more fully plantation grounds, I opened my heart to carry with me the listen, learn and seek to better understand one another. resilience and resolve that forever saturates the soil and soul of this historically complex place. Together, we can do more, be better and go further. I stand willing and able to join forces to create inclusive approaches When I returned to the hotel’s presidential suite that that continually, consistently and comprehensively exemplify overlooks the Port of Charleston, once the largest slave port in our shared principles and purposes. the United States, the contrasting realities overwhelmed me with gratitude. At this greatest inflection point of our time, united we stand.
In awe of all the sacrifice, service and suffering it took to bring Val McLeod lives in Pooler, Georgia, and is a wellness-focused me (and my ancestors) this far, I vowed that my lifelong advocate, innovator and catalyst for personal, organizational, commitment and efforts toward achieving nonviolent social community and cultural growth, development, transformation justice would be more reflective of the depths of my gratitude. and mobilization.
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CCPL’s Summer Reading program extended through Aug. 31
Jul 27, 2020 Updated 5 hrs ago
Children: Kids ages 11 and younger can earn prizes for reading or listening to stories. Rewards are distributed to kids who complete 5, 15, and 30 hours of reading. Prizes include the S.C. Reading Medal, a Summer Reading T-Shirt, a brand-new K-5th grade book, vouchers for local attractions, and more. Each branch will also have a grand prize of a family four-pack Charleston County Public Library (CCPL) and Charleston County of Charleston County Parks waterpark passes, a set of Brain School District (CCSD) have extended this year’s Summer Blox, an Arbordale book, and more from our generous Reading program through the end of August to allow sponsors! Enjoy a loaded schedule of virtual programs on participants of all ages to have even more time to read and CCPL’s Facebook page (facebook.com/ChasCoLibrary) and collect prizes. The program’s original end date was Aug. 15. website (ccpl.org) including live performances, STEM activities, crafts, and cooking lessons. Summer Reading for Babies is for “While we wait for school to begin, we are happy to extend pre-readers. Participants who complete 23 of the activities our Summer Reading program and give our patrons a chance receive a board book, shaker egg, and storytime scarf. to keep reading for fun, prizes, and to avoid the Summer Slide,” said CCPL Executive Director Angela Craig. Teens: Students entering grades 6-12 can win cool prizes for reading whatever they like. Teens are rewarded when they This is the third year that CCSD and CCPL have partnered to read 5, 15, and, 30 hours. Prizes include earbuds, fidget implement the programs, and as part of the collaboration, spinners, vouchers for local restaurants and attractions, every student has been automatically registered for the a brand-new YA/middle grade book, a Summer Reading t-shirt, program that corresponds to their age. Not a CCSD student? Charleston County Parks waterpark passes, and more. No problem. Registration is still open. Just visit ccpl.org/ Teens are eligible for weekly prize drawings for reading only summeronline to sign-up and start logging your reading today. five pages or five minutes per week. Twenty teens system- wide will win the grand prize, a $50 gift card and Kindle Fire 7 This year’s theme for Summer Reading is Imagine Your Story, tablet. and there are exciting prizes and virtual online programs for children, teens, and adults. It’s as simple as this: Read. Log. Adults: Participants ages 18 and older earn prizes for reading Win. 5, 15, and, 30 hours. Prizes include CCPL swag, a brand-new adult title, and a Summer Reading -t shirt. Adults who earn at Prizes are available for pickup via curbside service at partici- least 200 points per week are entered into weekly drawings pating CCPL branches. Hours and availability are subject to for gift cards. Four grand prize winners system-wide will change. Visit ccpl.org/curbside for details or to schedule your receive a prize valued at $200. pickup. Please note that because of the expiration date for some of the items included, the grand prize winners for each For more information on virtual online programs, prizes and program will be drawn on Aug. 15. prize pickup, reading lists and registration, visit ccpl.org/summeronline.
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CALENDAR+SCENE » FEATURES Ways you can get outside in Charleston Out There By Skyler Baldwin July 01, 2020
enslavement that built the picturesque plantations that dot the Lowcountry. Interpretive tours at plantation focus on the lives and relationships of the McLeod family and the enslaved people who grew sea island cotton on the property, as well as Gullah culture and the deep historical significance of the site, founded in 1851. As a Charleston County park, McLeod is not only educational but affordable —just $15 for adults, $6 for kids, and $13 for seniors. ccprc.com
Charleston Outdoor Adventures Charleston Outdoor Adventures is an eco-tour guiding and rental service around Folly Beach, offering a wide selection of outdoor activities like boat cruises, kayaking and paddle Provided by Coastal Expeditions boarding tours. The goal is to expand adventurers' appreciation of South Carolina's rich coastal resources and environments, a point that even those who have lived here Charleston Harbor Tours their whole lives can get behind. Not only that, but in times like these, there's something to be said about the social One of the best ways to see the historic city of Charleston is distancing ability of kayaking. by taking one of the many sightseeing tours offered by tours charlestonoutdooradventures.com and events offered from Charleston Harbor Tours. Partnering with the band Latitude, the crew of The Charleston Princess brings you the best trop rock and coastal party music with Farm to Table Experience favorites from Jimmy Buffett, Bob Marley and more while you sail past Forts Sumter, Moultrie and Johnson, the Yorktown In this 2-3 hour culinary tour, guests get to experience the and peep the steeples of the Holy City. Or board The Pride, a seasonal bounty of the Lowcountry and the creative prowess three-mast schooner modeled after a classic coastal trading of a local chef. Guests meet their tour guide and chef du jour ship possessing all the character and class of a ship designed at Veggie Bin, a neighborhood market for seasonal and local during the Age of Exploration, for the Moonlight Sail in one of food. Guests peruse the freshest produce Charleston's local the oldest and most scenic ports in the country under the farms have to offer and select ingredients to be used by the glow of the moon. charlestonharbortours.com chef for a unique and personalized dining experience at the end of the tour. charlestonculinarytours.com
McLeod Plantation Historical Site Gullah Tours Just minutes from downtown on James Island, McLeod The language and culture of the Lowcountry's early enslaved Plantation Historical Site is operated by Charleston County African inhabitants are still present today in and around the Parks as an important landmark telling the story of Charleston area, but for a closer look at the rich history of the
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get outside — continued
people embedded in the culture, Gullah Tours is your go-to Sunrise Kayak Tour guide. Gullah Tours explores the places, history and stories of While many dismiss the idea of a sunrise tour (who likes the Gullah people, especially those relevant to the varied waking up early, especially during the summer?), Coastal contributions made by black Charlestonians still observed Expeditions guarantees that getting up in the morning is well today. Guide Alphonso Brown is a native to Rantowles, a rural worth the struggle for those who embark on the early community of Charleston, and is fluent in the Gullah language. morning kayak tour. Paddling out between islands before day- The language is featured prominently along the tour. break to catch the first glimpse of the sun breaking over the gullahtours.com Atlantic Ocean is an experience visitors and natives should make a point to have while they are here in the Lowcountry. coastalexpeditions.com
CHARLESTON COUNTY NEWS Charleston County Parks and Recreation hosting ‘Wine Down Wednesdays’ this fall by: Chase Laudenslager Posted: Jul 20, 2020 / 03:40 PM EDT / Updated: Jul 20, 2020 / 03:43 PM EDT
CHARLESTON, S.C. (WCBD) – Beginning Wednesday, August 5, To limit crowds and gathering, pre-registration is required, and the Charleston County Park and Recreation Commission capacity will be capped ahead of the event. (CCPRC) will host ‘Wine Down Wednesdays’ at Old Towne No tables or chairs will be available, but guests are invited to Creek County Park in West Ashley. bring chairs and blankets. The events will be held every other week until October 14 Admission is $15 and includes wine and a commemorative from 5:00 p.m. to 7:00 p.m. wine glass, according to CCPRC. Should events be canceled Guests are invited to enjoy the park, live music, good wine, due to weather, admission will be refunded. and food trucks, all while maintaining social distancing within Dogs are permitted, but must remain leashed. the park’s expansive 67 acres. Click here for more information.
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CALENDAR+SCENE » FEATURES City Picks: What we're seeing, streaming and doing this week
Events for the week of July 15-22
By Connelly Hardaway July 15, 2020
YouTube. This Thursday you’ll hear from The Absolutes saxophonist Kevin Patton and pianist Maxx Bradley, who debuted eight original compositions inspired by artwork on exhibit at the Gibbes Museum. The quartet included Fisher Wilson on bass and Miller Boone on drums.
Wine Down Wednesday
Next Wednesday (July 22) had to West Ashley’s Old Towne Creek County Park during Wine Down Wednesday. Guests will enjoy wine, food truck fare Tradesman Brewing and Awendaw Green launch a from Semilla, and live new outdoor music series called Safety Jam, held music from Lane Doss. For every Wednesday evening at the brewery the safety of participants, It's time for our weekly roundup of fun stuff to do in town or there will be no onsite online. As always, if you are heading out into the world, wear a registration and tickets mask and maintain a proper social distance from others. When must be purchased in in doubt, stay inside and check out all the cool online advance. Tickets are very programs local organizations have to offer. limited so snag yours soon. Safety Jam Summer Scouted Studio Pop-up Tradesman Brewing Co. and Awendaw Green present Safety Jam, a socially distanced outdoor music event, held every Local online art gallery, The Scouted Studio (formerly Straight Wednesday this summer at Tradesman Brewing. Enjoy a free to Art), returns to Timbers Kiawah this summer for an outdoor show sampling the artistic talents of local and regional acts pop-up gallery event, held each Monday through the end of August. Held in an open air venue at Timbers Kiawah, the (donations to artists are encouraged). Beer, soft drinks, and pop-up features work by local and regional artists. Head to bites from local vendors will be available for purchase. Bring Timbers Kiawah each Monday, 5-7 p.m. to shop art, social chairs and blankets to spread out on Tradesman’s patio. distanced style. Be sure to call (843) 867-7100 to let Scouted Studio know you’re attending. From the Archives: Art of Jazz Series
The Gibbes and Charleston Jazz present the virtual series From the Archives: Art of Jazz Edition. Each month, Charleston Jazz releases a full Art of Jazz performance on Facebook and
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CALENDAR: Lowcountry Listens starts second wave of tunes Wednesday
Charleston Currents· 07/20/2020 7:01 am·
Staff reports | Admiral Radio will kick off the continuation of Safe Sounds at Firefly. The final socially-distanced Saturday the Gaillard Center’s Lowcountry Listens program on July 22 concert in this series at Firefly Distillery will be July 25 when 20 with the first of five new performances. Ride, America’s # 1 Zac Brown Tribute Band, takes the stage in two shows. The first tribute of its kind, ’ you ll hear hits like To tune in to the virtual music series live, go to the venue’s “Chicken Fried,” “Colder Weather,” “Free,” “Toes,” “Highway homepage, Facebook page or YouTube channel at 6 p.m. 20 Ride,” or many more. Also performing: Natty Grass with its Wednesday. Each performance is recorded in the Martha and symbiotic blend of reggae and bluegrass. Tickets for the events John M. Rivers Performance Hall and features four to five are limited to 500 and no more than four tickets can be songs. Each performance will also be online for viewers to purchased at a time. Each set of four tickets will secure a spot enjoy at their leisure. Richard Todd, host of “The Morning in a 10-by-10 square, separated on all sides by 8 feet. Guests Buzz” on 105.5 The Bridge, will introduce each performance. are encouraged to bring blankets and chairs to enjoy the concert. You are not allowed to bring dogs, children, and On Wednesday, viewers will hear the unique sound of Admiral outside food and drink. Tickets are available now to anyone 21 Radio, a duo of Coty Hoover and Becca Smith, who was voted and over at citypapertickets.com. Shows will begin at 7 p.m., Singer-Songwriter of the Year by the Charleston City Paper in with doors at 6 p.m. 2018. The duo, which has played more than 200 shows in the last year, offers music rooted in traditional folk styles that also Redux show: Through July 24. Redux Contemporary Art Center appeals to modern-day listeners. offers Creative Corridors: The Annual Redux Studio Artist Exhibition through July 24. The Annual Studio Artist Exhibition Other artists slated to perform include: is an opportunity for Redux resident artists to showcase a sample of their work, as it relates to a specific prompt and is July 29 – Noah Jones curated as a group exhibition in Redux’s main exhibition space. August 5 – Sarah White + Emily Curtis The exhibition is open Mondays and Wednesdays from 11 a.m. August 12 – Muscle Memory: Poetry & Jazz with Marcus to 4 p.m. and Fridays from 11 a.m. to 3 p.m. More. Amaker and Quentin Baxter Wine Down Wednesday: 5 p.m. to 7 p.m. on Aug. 5, Aug. 19. August 19 – Chaquis Maliq The EccentroSoul 1 Woman Old Towne Creek County Park will host this event in West Band Ashley with wine and live music — a perfect pairing to relax at See shows from the first series. midweek. Food truck fare will be available. Cost: 15. Limited to 150 people. Advanced registration required. Also on the calendar:
National Tequila Day: July 24. Head on over to your local (distanced) tap room for a cold margarita or shooter during this made-for-consumerism “ational holiday.” Look for deals online at the Charleston City Paper.
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Schedule announced for Wine Down Wednesdays in West Ashley by Matt Dillane Monday, July 20th 2020
CHARLESTON, S.C. (WCIV) — Raise your glass! Wine Down Dogs are allowed but they must be on leashes. Outside Wednesdays are back! alcohol is prohibited.
The Charleston County Parks and Recreation Commission has For more information and to register, click here. announced its 2020 schedule for Wine Down Wednesdays in Old Towne Creek County Park.
The dates are Aug. 5, Aug. 19, Sept. 2, Sept. 16, Sept. 30 and Oct. 14, all from 5 p.m. – 7 p.m.
Admission is $15 per person and tickets must be purchased in advance. Fees include wine and a commemorative wine glass.
Food trucks will also be on site with items for purchase.
Pre-registration is required until 2 p.m. the day of each event. Each Wine Down Wednesday will have admission caps to maintain social distancing.
Additionally, no tables or chairs will be provided. Bringing chairs and blankets is encouraged.
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Naturalist is awesome. It was fun and still educational. Sharing information learned with family and friends.
Beginner Birding Participant – James Island County Park
Our kids have been attending JICP summer camps for years and wouldn't go anywhere else. Believe me we've tried other camps and came running back. There's no equal to these camps in Charleston. They love the kids and it shows.
Adventure Camp Parent – James Island County Park
My daughter has had the best time every week at camp! She loves the counselors and I appreciate the safety measures they take with even the kids wearing masks. She always has a story about how much fun she had every day. We are so thankful for the camps and the joy it brings her!
Explorers Camp Parent – Palmetto Islands County Park
This was the absolute best program I have experienced at the JICP. John Radel is an excellent instructor and guided our class through a wonderful SUP experience. I would recommend this class and any class that John is instructing.
Introduction to Stand Up Paddleboard Participant– James Island County Park
Always a top-notch event. Even this year, despite social distancing requirements, it was very professionally organized and well-run. The staff took every precaution and went above and beyond to make it an awesome event.
Charleston Sprint Triathlon Series Participant – James Island County Park
My special needs child had an amazing time at Whirlin’ Waters for the Inclusion swim night. Staff was very kind and understanding. It was really nice being in a setting with other people that share similarities with us. And my son loved the new slides. We weren’t sure if we’d even make it to any water park, let alone a park because of the pandemic, so this was a godsend.
Inclusive Swim Night Parent – Whirlin’ Waters Adventure Waterpark
We have been nervous about taking our 5-year-old son to waterparks this summer because of Covid19. He has a lot of sensory behaviors (touching things) and doesn’t completely understand social distancing. This allowed us to enjoy waterpark with less people and fear of infection. Thank you so much for this program.
Inclusive Swim Night Parent – Whirlin’ Waters Adventure Waterpark
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Blue Sky Endurance’s most recent newsletter highlights their swimsuit donation to the Foundation.
The newsletter can be found online here: https:// conta.cc/3iZBZHf
This is such a time of flux for everyone right now. It can be a struggle to figure out how to move forward or what that even feels like some days.
A saying I’ve always fallen back on is, “when you don’t know what to do, help someone else.”
When the pandemic hit this spring, we were left sipping Coronas on a pile of swimsuits from a cancelled swim season full of good intentions. Trying to think of a creative, useful way to put these suits to good use, I recalled a video I watched a few years back that has always stuck with me.
The video was of Jennifer Holmes talking about her son, Genesis, who drowned in 2014. She had made it her mission to bring pools to rural areas of the Lowcountry to increase access to swimming lessons for children and adults. And the Genesis Project was born.
I checked in with the Genesis Project to see if they have a need for swimsuits and found that they can always use suits for the kids and, in fact, they want to start a swim club. And we all know a good swim club needs good swimsuits!
Hence the idea for Christmas in July— buy a suit and give a suit to the Genesis Project. And what if we could create a little Christmas joy and cheer around it during these dog covid days of summer? Each suit purchased gets you a raffle ticket to win a mermaid stocking full of great prizes.
Yes, we are going to deck the halls of the store with Christmas decora- tions on Christmas in July Eve.
Join us in spreading some holiday cheer July 25 - Aug 1 and support an invaluable local program. Let's bring some smiles behind the masks during a time that can seem a bit grinchy for our blue skies. 26
The Mark Elliot Motley Foundation recently awarded the Charleston County Parks Foundation with a $7,500 grant. The mon- ey will go toward the Genesis Project, which aims to raise funds for aquatic safety programs to help reduce the number of drownings in Charleston County!
The Foundation also received a $2,500 grant from the Patrick Foundation that will be used for both the Genesis Project as well as the Pass It Forward Project. The Pass It Forward Project provides opportunities for all members of our community who encounter barriers to access our park facilities, programs and services.
The Charleston County Parks Foundation online newsletter can be accessed here:https://conta.cc/2AFtTlG
Thank you to all of our employees that are helping to raise money for the Swim For It campaign! The campaign is designed to generate awareness and support for the Charleston County Parks Foundation by soliciting a small donation at either gates of each waterpark and WCAC, or at the concession areas at the beach parks. The donations collected during this campaign will go toward drowning prevention initiatives for the Foundation. After week 6 of the Swim For It Campaign, we have raised $7,396.58.
Week 6 totals:
Whirlin’ Waters Team- $354.46 (Top earner Larissa DeOliveira $111.18)
Splash Island Team- $76.30 (Top Earner Mary Beth Pauls $28.61)
Splash Zone Team- $81.92 (Top Earner Emma Traynham $26.50) West County Team- $22.97(Top Earner Devin Ware $20.74)
Beachwalker Team- $45.11 (Top Earner Kadence Simmons $31.27)
Folly Team- $174.49 (Top earner Aunalea Wilson $38.27)
IOP Team- $50.36 (Top earner Emma Drew $36.21)
Congratulations to each weekly winner who will receive a $10 gift card and a chance to win $100 for being the top performer for the season per park. Excellent job, keep up the good work!
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Greetings!
We hope that this note finds you well and that you, your family and friends have remained and will continue to remain healthy. During these uncertain times, the Charleston County Parks Foundation continues to address the disparities and barriers that exist in our communities by providing access for ALL.
Our Active Projects
The Pass It Forward Project provides opportunities and camp scholarships for all members of our community to enjoy parks and programs.
The Genesis Project focuses on drowning prevention in the Lowcountry by raising funds to offer aquatic programs in the Johns Island, Awendaw/McClellanville and Ravenel/Hollywood areas.
The McLeod Plantation Historic Site Project supports the Charleston County Park & Recreation Commission's cultural and historical research, preservation, interpretation, and education for diverse audiences with an emphasis on underrepresented histories at this site and throughout Charleston County Parks.
Please continue reading as we spotlight two special people making an impact in their community!
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CSTS
30 years strong and still going! We are thrilled to be hosting our annual Charleston Sprint Triathlon Series in 2020with modifications to ensure everyone’s safety. Our triathlon community was able to come together for our first race of the season on July 12. Staff and participants alike enjoyed the comradery with renewed appreciation for face to face competition (with masks and social distancing of course) during these unprecedented times.
Aquatic Programs
The delayed start to swim lesson and aquatic fitness season did not dampen the interest in participation. Starfish Swim School, H2O Moves, and our new aquatic fitness program, H2O Balance and Flexibility, are underway at the West County Aquatic Center. H2O Moves has also returned to our water parks.
Save the Date
Starlight Yoga with Ji Hwang (and live music by Chris Dodson) returns to the Mount Pleasant Pier on September 17!
Inclusive Swim Night
During July, we successfully hosted two Inclusive Swim Night events at Whirlin’ Waters. These events saw great attendance despite the fact that some guests who typically attend may not have been able to due to being at higher risk for COVID-19. However, we were still be able to provide this opportunity for many individuals with disabilities and their families. On July 11 we had 146 people in attendance, and on July 18 we had 214 people. During both events, we received positive feedback from attendees, and many stated they look forward to these events all year long.
We have one final Inclusive Swim Night scheduled at West County Aquatic Center on August 1, the first time hosting the event atthis facility.
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Wine Down Wednesday
Cheers to celebrating hump day during a pandemic! Wine Down Wednesday has been so well received during this time that we added a summer series. Due to COVID-19, we are limiting attendance, and we have sold out all three events in June and July. This event allows attendees the opportunity to get out of the house and enjoy beautiful Old Towne Creek County Park while maintaining safe social distance from others. On June 17 we had 120 people, July 8 had 159, and July 22 had 157. Despite the summer heat, our guests love this event!
The Parks Division Intern Program had to be modified to accommodate our summer interns due to COVID-19 this year.
Michael Bradley and Cole Thomas created a new approach for introducing the interns to our program. They took Charleston County Parks to the three interns through a virtual orientation and training program before assigning them to a facility. The virtual trainings proved successful. The interns were more comfortable and felt better prepared to begin work at their facilities. Recently, Michael and Cole each spent a day with the interns touring facilities throughout the three districts in order to provide a well-balanced experience and an overview of everything that encompasses CCPRC. Even though the intern program had to be adjusted during to the pandemic the interns feel their time at our parks has enriched, enlightened and proven to be a valuable experience for each of them.
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Interpretation Continues to Use Virtual Platforms to Connect with Audiences
In spring of 2020, the Interpretation team made a fast transition to virtual programming during closures due to the COVID-19 pandemic. Social media platforms provided a direct connection to park patrons when staff were unable to deliver tours in person. Virtual avenues for interpretation have been and continue to be popular with many viewers, and in recent months the department’s offerings have become more diverse and numerous.
One of the more recent offerings is the Education team’s Arts in the Parks series. These programs teach basic art skills centered around nature study. In addition to learning how to sketch or paint with watercolors, children become keen observers of the natural world. Each class includes a prompt and an opportunity to share artistic creations with CCPRC staff. Children that choose to submit artwork will be eligible to win a prize from CCPRC.
Both the Natural and Cultural History teams have also been busy creating and posting virtual content. One recent Cul- tural History post described the historical significance of Lighthouse Inlet Heritage Preserve. This, along with more Nature in your Neighborhood videos, Creature Features, and sound quizzes, have served to connect people with their parks in new and exciting ways. Image: Library of Congress
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Johns Island County Park took advantage of the nice weather in the spring and decided to plant a plot of wildflowers in an area along the yellow walking loop. The wildflowers have thrived and have enhanced the customer experience at the park. Several visitors have used the area for photo ops. Others have asked to pick a flower from the plot to take with them.
Staff plan on expanding the area next year. Adam Ronan, with the agency’s CIP Division, is in the process of certifying and registering the site as a Monarch Waystation--which will serve to educate the public on the value of pollinators and Monarch butterflies. Once established these "pollinator gardens" will be a great interpretive element for the park-- aimed at serving local schools and organizations. Certification includes signage installed near the beds. We would be remiss if we did not acknowledge the role of the US Fish & Wildlife Fishery at Bear's Bluff who donated over 200 milkweed seedlings for the project. This project serves not only to bring additional beauty but education to this unique and diversified, rural facility.
Despite not having public viewings, the Lowcountry Stargazers are still active at Johns Island County Park. This facility is known as their dark sky site. The photo to the left is of the Comet Neowise taken by the club’s president, Jim Hoffman, just behind our office over the tree line. They were also able to view the Milky Way during this outing, captured in the photo to the below.
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Total Calls In: 8,809
Average Talk Time: 1.56
Average Wait Time: 0.11
White Egret & Red-Headed Woodpecker at Caw Caw Interpretive Center
33 Digital Marketing Summary
WEBSITE ANALYTICS Jul 1, 2020 - Jul 31, 2020 ▼
Visits Unique visitors Pageviews Bounce Rate Searches 148,148 129,559 393,582 46.32% 2,541
Trended Visits (by Month) Trended Visits (Fiscal Year-to-Date, Compared YoY)
Visits Visits Visits (Jul 1, 2019 - Jul 31, 2019)
8K 15K
6K 10K
4K 5K
2K 0 Jul 1 Jul 6 Jul 11 Jul 16 Jul 21 Jul 26 Jul 31 Jul 1 Jul 6 Jul 11 Jul 16 Jul 21 Jul 26 Jul 31
Top Landing Pages Top Referral Sites
Label Unique Pageviews ▼ Label Visits ▼
1. Charleston County Parks and Recreati… 45,980 1. m.facebook.com 1,426
2. Whirlin' Waters Adventure Waterpark | … 21,546 2. www.charlestoncvb.com 957
3. Camping & Lodging | Charleston Coun… 17,896 3. l.facebook.com 872
EMAIL MARKETING
Total Emails Sent Open Rate Bounce Rate Unsubscribe Rate 162,423 48.30% 1.68% 0.04%
Campaign Name Sent ▼ Open Rate Click Through Rate Bounce Rate Unsubscribe Rate
1. Foundation Community Spotlight 32,812 38.7% 1.8% 2.8% 0.1%
2. July 13-21 Final 32,070 31.9% 10.4% 2.5% 0.1%
3. July 22-August 4 Final 32,066 29.7% 12.7% 2.5% 0.1%
Top Performing Email Content
34 Digital Marketing Summary
SOCIAL MEDIA Jul 1, 2020 - Jul 31, 2020 ▼ Facebook
Likes Impressions Engagements 57,527 310,812 15,407
Instagram Twitter
Followers Engagements Followers Impressions Engagements 17,387 7,875 8,067 21,225 793
Top Performing Posts
PAID SOCIAL MEDIA
Amount Spent (USD) People Reached Impressions Clicks to the Website Video Views $24.81 7,659 7,944 199 1,892
Campaign Name Amount Spent ▼ Impressions Link Clicks Video Views
1. CCPRC_SOCIAL|F:2021|CA:OUTDOOR_RECREATION|CG:CLI… $12.64 4,659 178 null
2. CCPRC_SOCIAL|F:2021|CA:OUTDOOR_RECREATION|CG:VID… $11.51 3,161 21 1,786
3. CCPRC_SOCIAL|F:2021|CA:CAW_CAW|CG:VIDEO $0.66 124 null 106
Special Event Support
No paid social dollars were spent to support special events in the month of July 2020.
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Attendance Attendance Attendance Attendance Attendance Attendance YTD 2021 1920YTD YTD 2021 1920YTD YTD 2021 1920YTD Variance Variance % % Campsites 23,091 -10,792 27,228 16,418 -4,137 5,626 -66% -15% PICP 6 6 79% 86% 86% 93% SI Cottages -17,562 -23,436 10,220 53,010 27,782 76,446 -63% -31% 86% JICP SZ -41,041 -57,283 Marina 20,362 34,910 61,403 92,193 -67% -62% WCP WW 88% 105,603 -69,395 36,208 TOTAL 2,010 1,589 -66% CAW 26% 421 -8,285 JoICP 8,679 -95% 394
YTD 2021 1920YTD Variance Vehicles Vehicles 77,000 FB Pier 73,325 3,675 5% % MP Pier MP 27,120 vs. Attendance1920 Total 2021 Facility 30,181 -3,061 6,686 7,373 BWP -10% -687 -9% 15,125 20,072 19,236 6,046 9,079 FBCP BWP 67% 836 4% 18,365 16,948 18,046 20,409 -3,461 FBCP -17% 319 IOP 2% 40,176 41,801 34,498 TOTAL 47,610 -5,809 5,678 -12% 16% IOP Bulow -100% -125 125 0 Laurel Hill -75% -226 300 74 Old Towne 316 316 --- 0 McLeod -1,566 1,919 3,485 -45% *began tracking WCP Trail rev & Meggett rev in May 2020 *beganMay revMeggettin TrailWCP rev& tracking Attendance Attendance YTD 2021 1920YTD Variance 12,400 11,803 LIHP 597 5% % W North Trail* 2,740 2,279 all facilities continued all facilities 20% 291 461 SK8 --- - - Meggett* WCAC -2,107 2,652 4,759 -44% --- 13 - - Stono River Stono 320,700 419,646 -98,946 TOTAL 3,939 -24% --- - -
36 HUMAN RESOURCES UPDATE
Diversity Mission Statement: The Charleston County Park and Recreation Commission will provide high quality park facilities, programs, and services to the ever-changing community we serve by recruiting, training, and retaining a qualified and diverse staff.
Current Staff Statistics: August 2020 EEO Information
FULL TIME PART TIME TOTAL OF ALL EMPLOYEES EMPLOYEES EMPLOYEES
Number of Employees 173 964 1,137
White 145 789 82%
Hispanic 5 17 2%
African American 16 123 12% Asian 2 14 1% Indian 1 1 1% Two or more Races 4 20 2% Male 98 381 42%
Female 75 583 58%
37 HUMAN RESOURCES UPDATE
Volunteer Coordinator Report JULY 2020
Activity Category Hours Volunteers Charleston Sprint Triathlon Series 117 13 Day Park Volunteers 12 1 Green Team 51 4 McLeod Plantation 1 1 Starlight Yoga 23 6 Summer Camp 2 1 Volunteers in Park @ Various Locations 74 14 Wine Down Wednesday 22 5
Total Volunteer Hours: 302 Current Fiscal Year to Date Volunteer Hours: 302 Previous Fiscal Year to Date Volunteer Hours: 814 Current vs Previous Fiscal Year to Date Volunteer Hours: 512
Value of Volunteer Hours: Total Volunteer Full-time Employee Equivalent: 1.86 Current Fiscal Year to Date Volunteer Full-time Employee Equivalent: 1.86 Previous Fiscal Year to Date Volunteer Full-time Employee Equivalent 5.01 Current vs Previous Fiscal Year to Date Volunteer Full-time Employee 3.15 Equivalent:
Value of Volunteer Hours Formula: # volunteer hours / 162.5 (equivalent of one full time employee) = # full-time employee equivalent
Monthly Employee Cost Savings Total Volunteer Hours Value: 7,445.58 Current Fiscal Year to Date Volunteer Hours Value: 7,445.58 Previous Fiscal Year to Date Volunteer Hours: Value 20,055.03 Current vs Previous Fiscal Year to Date Volunteer Hours Value: 12,609.45 Monthly Employee Cost Savings Formula: $4003 (monthly cost with salary and benefits for a specialist level 207 full time employee) x # of full-time employee equivalent = Monthly Employee Cost Savings
38 Planning & Capital Projects Update– August 2020
Cooper River Marina County Park—Marina Repairs The Cooper River Marina repairs project kick-off meeting on July 23 was conducted on site with BluTide Marine, our contractor, Applied Technology Management, our consultant, and park staff. The purpose of the kickoff meeting was to review the project scope of work and answer contractor questions. The stabilization project is anticipated to be complete by the fall of 2020.
On-site project kickoff at CRM
Johns Island County Park—New Dog Park
The plan for a new dog park at Johns Island County Park is moving into the development phase. The project’s invitation for bid was posted on July 31, with a pre-bid meeting held on site on August 12. The bid opening will be September 1 and it is anticipated a contractor proposal will be presented to the Commission during the September meeting. This project will offer a popular new park amenity for county residents and area visitors. The dog park will include separate fenced areas for small and large dogs, ADA parking and access, patron seating, a drinking fountain, and shared parking for trail & archery access.
Design for new dog park at Johns39 Island County Park 1 Planning & Capital Projects Update– cont’d
James Island County Park—Fishing Dock Replacement Salmon’s Dredging is progressing well with this project. By the time of the August Commission meeting, all of the concrete piles will have been driven, and the old boardwalk will be demolished and removed. Next, the aluminum components will placed including the decking structure and the floating dock.
Plan drawings for new40 JICP fishing dock 2 Planning & Capital Projects Update cont’d
Grant Award for Cemetery Preservation Management Plan—CCPRC CCPRC was recently awarded a Federal Historic Preservation Grant to help fund an agency-wide cemetery preservation plan. This grant is administered by the SC State Historic Preservation Office and is the first of its type to be awarded to CCPRC. The $11,417 grant award, will help offset associated project costs. The project will be conducted by New South Associates, Inc., who are under contract to provide cultural resource management tasks for the agency. A cemetery preservation management plan helps identify and implement maintenance and management strategies that work to preserve and repair historic headstones, footstones, fencing and associated artifacts. The plan may also include additional surveying to help identify cemetery boundaries and unmarked gravesites. In addition, a cemetery preservation management plan can help support collection of oral histories, future interpretation and help ensure safe access for family descendants. Currently, CCPRC has seven cemeteries located within park boundaries ranging in size and physical condition. The majority of cemeteries are associated with local historic African-American communities, including Mount Pleasant’s Phillips and Six-Mile communities, John’s Island’s Red Top Community, and Edisto Island’s communities, among others. Furthermore, many of these communities are contributing resources to the Gullah/Geechee Cultural Heritage Corridor, a Congressional designation recognizing national historical significance. All CCPRC cemeteries are considered a cultural resource that supports the agency’s mission, vision, and core values. This plan will help ensure their long-term care and preservation. Know Locations of CCPRC’s Historic Cemeteries • Bulow Future County Park • Caw Caw Interpretive Center • Edisto Future County Park • Laurel Hill County Park • McLeod Plantation Historic Site • Old Towne Creek County Park
• Six-Mile County Park* (cemetery is an outparcel located within park boundary, but is not owned by CCPRC)
Gravesite of Louisa Seabrook at Laurel Hill County Park
Cemetery41 headstones at Edisto Future County Park 3 Planning & Capital Projects Update cont’d
Asian Longhorned Beetle—CCPRC The appearance of the Asian Longhorned Beetle (ALB) in South Carolina was first reported by Clemson Extension in early June 2020. The invasive insect is highly destructive to hardwood trees, including maples, elms, birches and others. The epicenter oftheir appearance is considered to be around Hollywood, SC and is thought to have spread (based on their genetic markers) from Ohio. In an effort to contain their spread Clemson Extension is working with the US Department of Agriculture to extensively survey surrounding areas and establish quarantine zones where identified. Unfortunately, Clemson has identified several CCPRC parks where the insect has established, including Stono River County Park, Caw- Caw Interpretive Center and possibly Bulow Future County Park. Accordingly, Planning & Development is working with park staff to coordinate a management strategy with Clemson/USDA. Once the insect is established, management actions typically involving cutting down and chipping infested trees. Because of the severity of their impacts, USDA will coordinate and fund allrelated management activities.
Tell-tale signs of infestation– large exit holes, oozing sap from Red Maple
CCPRC staff with Clemson/USDA to assess tree infestation42 at Stono River County Park 4