May 15, 2018 Charleston, SC

A meeting of Charleston County Council was held on the 15th day of May 2018, in the Beverly T. Craven Council Chambers, Second Floor of the Lonnie Hamilton, III Public Services Building, located at 4045 Bridge View Drive, North Charleston, South Carolina.

Present at the meeting were the following members of Council: A. Victor Rawl, Chairman, who presided, Henry E. Darby, Anna B. Johnson, Brantley Moody, Teddie Pryor, Joseph K. Qualey, Herbert R. Sass, III, Dickie Schweers, and J. Elliott Summey.

County Administrator Jennifer Miller and County Attorney Joe Dawson were also present.

Reverend Robert Reid gave the invocation and Mr. Sass led the pledge to the flag.

The Clerk reported that in compliance with the Freedom of Information Act, notice of meetings and agendas were furnished to the news media and persons requesting notification.

The Chairman stated that the next item on the agenda was resolutions and recognitions. Mr. Summey moved for approval, seconded by Mr. Moody, and carried.

Public Works Director of Public Works Jim Neal and staff accepted a resolution proclaiming the week Week of May 20-26, 2018 as Public Works Week. Mr. Neal recognized the winners of the Resolution Charleston County Backhoe Rodeo Champions. He stated these operators demonstrate the skill and ability represented by the blue-collar staff of Charleston County Public Works who are out there every day working hard. The resolution is as follows: A RESOLUTION OF CHARLESTON COUNTY COUNCIL WHEREAS, public works services provided in our community are an integral part of the everyday lives of our citizens; and, WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as streets and highways, public buildings, and stormwater management; and, WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and, WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people’s attitude and understanding of the importance of the work they perform. NOW, THEREFORE, BE IT RESOLVED, that Charleston County Council, does hereby proclaim the week of May 20-26, 2018 as PUBLIC WORKS WEEK in Charleston County, and calls upon citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials makes every day to our health, safety, comfort, and quality of life. -2- May 15, 2018

CHARLESTON COUNTY COUNCIL A. Victor Rawl, Chairman May 15, 2018 EMS Week Resolution Emergency Medical Services Director Dave Abrams and staff accepted a resolution proclaiming the Week of May 20-26, 2018 as Emergency Medical Services Week in Charleston County. Mr. Abrams thanked County Council and staff for being supportive in EMS mission by allowing them to have the most up to date equipment. He stated his staff is dedicated and work 24/7 to provide these services to the County. The resolution is as follows: A RESOLUTION OF CHARLESTON COUNTY COUNCIL To designate the Week of May 20-26, 2018, as Emergency Medical Services Week WHEREAS, emergency medical services is a vital public service; and WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, the emergency medical services system consists of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, first responders, educators, administrators and others; and WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week; NOW THEREFORE BE IT RESOLVED that in recognition of this event Charleston County Council does hereby proclaim the week of May 20-26, 2018 as EMERGENCY MEDICAL SERVICES WEEK With the theme “EMS: STRONG: Always in Service”, I encourage the community to observe this week with appropriate programs, ceremonies and activities. CHARLESTON COUNTY COUNCIL A. Victor Rawl, Chairman May 15, 2018

College of Mr. Darby presented Basketball Coach Earl Grant with a Charleston resolution honoring Coach Grant for his contributions to student athletes. Mr. Darby Basketball stated that Mr. Grant came from humble beginnings, growing up in Liberty Hill, and is Coach Earl doing great things in the community. Coach Grant stated that what he does is very small Grant compared to the bigger issues and problems County Council has to encounter, and he is Resolution happy to be a small part of moving the Charleston area to a positive light.

A RESOLUTION OF CHARLESTON COUNTY COUNCIL Honoring College of Charleston Basketball Coach Earl Grant -3- May 15, 2018

WHEREAS, from time to time Charleston County Council has the privilege of recognizing individuals in this community who exemplify commitment, determination, dedication, and excellence; and, WHEREAS, Coach Earl Grant has exhibited all of these characteristics and more throughout his life; and, WHEREAS, Earl Grant is a native of North Charleston, South Carolina, where he was educated in public schools, graduating from Stall High School in 1996, is the husband of Jacci Grant, and father to three sons, Trey, Eyzaiah, and Elonzo; and, WHEREAS, Earl Grant was a student athlete at Stall High School, playing football for the Warriors’ region champion football and basketball teams. He was a member of the Stall Warriors Varsity Basketball Team for five years, beginning in 8th grade, and was a three-time all-region pick in basketball and an all-state player his senior year; and, WHEREAS, Earl Grant played at NCAA Division II level at Georgia College where he led the school to consecutive Peach Belt Conference championships and the Elite Eight of the 2000 NCAA Tournament; and, WHEREAS, Coach Earl Grant began his basketball coaching career as an assistant at under Pat Dennis from 2002-2004, and coached under as an assistant at from 2004-2007 and Wichita State from 2007-2010. He was an assistant coach at Clemson under from 2010-2014 where he recruited future NBA players K.J. McDaniels and ; and, WHEREAS, Coach Earl Grant returned to his hometown community in 2014 when he was hired as the head coach at the College of Charleston where he currently has a 77- 56 record, and coached the Cougars to the First Round of the NIT Championship in 2017, to the Colonial Athletic Association regular season and tournament championships in 2018, and was selected as the CAA Coach of the Year in 2017. NOW THEREFORE BE IT RESOLVED, in meeting duly assembled, that Charleston County Council does hereby recognize the contributions of Coach Earl Grant to the citizens of Charleston County and the student athletes he influences every day as he strives to maintain a tradition of excellence in the basketball program at the College of Charleston. CHARLESTON COUNTY COUNCIL A. Victor Rawl, Chairman May 15, 2018

NCHS Varsity Mr. Summey and Mr. Darby presented a resolution honoring the accomplishments of the Wrestling 2017-2018 North Charleston High School Varsity Wrestling Champions to Anthony Champions Wells, Pierre Dolcine, and Coach Raho. Resolution A RESOLUTION OF CHARLESTON COUNTY COUNCIL Honoring the Accomplishments of the 2017-2018 North Charleston High School Varsity Wrestling Champions WHEREAS, from time to time Charleston County Council has the privilege of recognizing individuals in this community who exemplify commitment, determination, dedication, and excellence; and, WHEREAS, the 2017-2018 North Charleston High School Varsity Wrestling Team has exhibited all of these characteristics in an exceptional wrestling season, finishing with an undefeated record in the regular season; and, -4- May 15, 2018

WHEREAS, the season culminated with the Cougars being crowned the 2017- 2018 Region VI-AA Champions; and, WHEREAS, the team of champions is comprised of senior Daniel Rodriguez, 182 lbs, State 4th Place Winner; sophomore Lumin Graham, 170 lbs, State 3rd Place Winner and two-time State Place Winner; senior Pierre Dolcine 113 lbs, 101 career wins, State 3rd place winner, two-time state qualifier, two-time State Place Winner (3rd and 2nd), and senior Anthony Wells 126 lbs State Champion, 153 career wins, four- time state qualifier, three-time State Place Winner (3rd, 2nd, and 1st); and, WHEREAS, the stellar team is coached by Devin Raho. NOW, THEREFORE BE IT RESOLVED THAT CHARLESTON COUNTY COUNCIL is proud to congratulate these champion athletes of the Varsity Wrestling Team of North Charleston High School for their spectacular season and for bringing the honor and dignity of excellence in athletics to Charleston County. CHARLESTON COUNTY COUNCIL A. Victor Rawl, Chairman May 15, 2018

NCHS Mr. Schweers and Mr. Darby presented North Charleston High School Wrestling Coach Wrestling Devin Raho with a resolution honoring the contributions to the students of Charleston Coach Devin County. Coach Raho thanked his student athletes present, Anthony Wells and Pierre Raho Dolcine, for their hard work and congratulated them for continuing with their wrestling Resolution career in college. The resolution is as follows:

A RESOLUTION OF CHARLESTON COUNTY COUNCIL Honoring North Charleston High School Wrestling Coach Devin Raho WHEREAS, from time to time Charleston County Council has the privilege of recognizing individuals in this community who exemplify commitment, determination, dedication, and excellence; and, WHEREAS, Coach Devin Raho has exhibited all of these characteristics and more through his development of student athletes into young men of distinction; and, WHEREAS, Devin Raho is a native of Tower City, Pennsylvania, graduating from Williams Valley High School in 2011, and receiving his Bachelor’s Degree from Lock Haven University of Pennsylvania in health and physical education; and, WHEREAS, Coach Devin Raho, since graduating from college, has taught and coached at North Charleston High School, serving as a health and physical education teacher, head wrestling coach, and assistant football coach; and, WHEREAS, within three seasons as head wrestling coach, Coach Raho led the Cougars to finish top ten in the state all three seasons, with two top five finishes; and, WHEREAS, Coach Devin Raho’s North Charleston High School Cougars won two Region 6AA championships and have had a record of 16 state qualifiers and 10 state placers within those three seasons with four of his wrestlers making it to the state finals and one who won the state championship. NOW THEREFORE BE IT RESOLVED, in meeting duly assembled, that Charleston County Council does hereby recognize the contributions of Coach Devin Raho to the -5- May 15, 2018

citizens of Charleston County and to the students he has fostered and will continue to foster as he strives to help his students not just in sports, but to succeed in life. CHARLESTON COUNTY COUNCIL A. Victor Rawl, Chairman May 15, 2018

Mr. Summey and Assistant Sheriff Mitch Lucas recognized Sheriff’s Deputies Stephanie CCSO Deputies/ Hood and Peter Reuter for their heroic efforts. Mr. Lucas stated the Sheriff’s Office sets Burning a high bar for the deputies they hire and these deputies rose to the occasion, and he Vehicle cannot express how proud he is of them. Mr. Summey stated that beyond a doubt, Response & Charleston County has the best law enforcement, deputies, EMS, rescue, first Rescue responders in the country. Mr. Summey thanked them on behalf of all of County Council. On May 9, 2018, just before 10:30 p.m., Charleston County Deputies Stephanie Hood and Peter Reuter pursued a vehicle that subsequently crashed into a tree and caught fire, forcing deputies to rescue an unresponsive passenger, a toddler, and a puppy from the car. Deputies initially attempted a traffic stop on the vehicle for an equipment violation on Highway 17N near South Santee Road in McClellanville. The driver fled southbound on Highway 17N towards Awendaw. The driver lost control of the vehicle, causing it to crash into trees near Steed Creek Road. The driver exited the vehicle and was taken into custody, at which point the vehicle caught on fire. The deputies saw an unresponsive adult male subject in the front passenger’s seat, along with a toddler and puppy in the rear seat. They were unable to access the driver’s side due to trees, while the rear passenger’s door was jammed shut. Deputies attempted to shatter the rear windows with a baton, but were unsuccessful. The fire quickly spread rearward, forcing deputies to climb into the vehicle to remove the toddler and the puppy. All subjects were transported to a hospital. The child was not injured, and was released to the custody of the SC Dept. of Social Services. The male passenger was released. The suspect was treated and subsequently transported to the Al Cannon Detention Center. The puppy was transported to an emergency veterinary hospital for an injured leg. Awendaw Fire and Charleston County EMS also arrived on scene to assist.

The Chairman suspended the County Council meeting in order to hold public hearings, receive public comments, and return to the Finance Committee meeting.

Following the public hearings, public comments, and the Finance Committee meeting, the Chairman reconvened the County Council meeting.

Financial The Chairman announced that the next item on the agenda was Financial Incentives for Incentives for Frontier Logistics. Mr. Summey recused himself from this item Frontier stating that he had a conflict of interest as he had proposed a project to this Logistics— company in the past, and furnished the Clerk of Council with a written statement Ordinance 3rd regarding his conflict of interest. Reading An ordinance approving financial incentives for Frontier Logistics was given third reading.

-6- May 15, 2018

AN ORDINANCE AUTHORIZING (1) THE EXECUTION AND DELIVERY OF A FEE IN LIEU OF TAX AND INCENTIVE AGREEMENT BY AND AMONG CHARLESTON COUNTY, SOUTH CAROLINA (THE “COUNTY”), FRONTIER LOGISTICS, LP, AND FLSC PROPERTIES, LLC, EACH ACTING FOR ITSELF, ONE OR MORE AFFILIATES OR OTHER PROJECT SPONSORS (COLLECTIVELY, THE COMPANIES”), PURSUANT TO WHICH THE COUNTY SHALL COVENANT TO ACCEPT CERTAIN NEGOTIATED FEES IN LIEU OF AD VALOREM TAXES WITH RESPECT TO THE ESTABLISHMENT AND/OR EXPANSION OF CERTAIN FACILITIES IN THE COUNTY (THE “PROJECT”); (2) THE BENEFITS OF A MULTI-COUNTY INDUSTRIAL OR BUSINESS PARK TO BE MADE AVAILABLE TO THE COMPANIES AND THE PROJECT; (3) PROVIDING FOR THE ALLOCATION OF FEES IN LIEU OF AD VALOREM TAXES PAID WITH RESPECT TO THE PROJECT; AND (4) OTHER MATTERS RELATING THERETO.

WHEREAS, Charleston County, South Carolina (the “County”), acting by and through its County Council (the “County Council”), is authorized and empowered under and pursuant to the provisions of the Code of Laws of South Carolina 1976, as amended (the “Code”), and particularly Title 12, Chapter 44 of the Code (the “Negotiated FILOT Act”) and Title 4, Chapter 1 of the Code (the “Multi-County Park Act” and together with the Negotiated FILOT Act, the “Act”) and by Article VIII, Section 13 (D) of the South Carolina Constitution: (i) to enter into agreements with certain investors to construct, operate, maintain, and improve certain projects through which the economic development of the State of South Carolina (the “State”) will be promoted and trade developed by inducing manufacturing and commercial enterprises to locate and remain in the State and thus utilize and employ the manpower, agricultural products, and natural resources of the State; (ii) to covenant with such investors to accept certain fee in lieu of ad valorem tax (“FILOT”) payments, including, but not limited to, negotiated FILOT payments made pursuant to the Negotiated FILOT Act, with respect to a project; and (iii) to create, in conjunction with one or more other counties, a multi-county industrial or business park in order to afford certain enhanced income tax credits to such investors; and WHEREAS, Frontier Logistics, LP (“Frontier”), a limited partnership organized and existing under the laws of the State of Illinois, and FLSC Properties, LLC (“FLSC”), a limited liability company organized and existing under the laws of the State of Texas (Frontier and FLSC each a “Company” and, collectively, the “Companies”), are considering the establishment and/or expansion of certain facilities at one or more locations in the County (the “Project”), and anticipates that, should their plans proceed as expected, they will invest, or cause to be invested, on a combined basis, at least $30,000,000 in the Project; and WHEREAS, FLSC has acquired the land on which a warehouse and distribution facility will be constructed by Frontier and Frontier will lease the real property from FLSC; and WHEREAS, based on information provided to the County by the Companies, the County has determined that the Project will subserve the purposes of the Act and has made certain findings pertaining thereto in accordance with the Act; and -7- May 15, 2018

WHEREAS, in accordance with such findings and determinations and in order to induce the Companies to locate the Project in the County, the Council adopted a Resolution on April 24, 2018 (the “Inducement Resolution”), whereby the County set forth its commitment to provide the benefits of a negotiated FILOT and a multi-county industrial or business park with respect to the Project; and WHEREAS, the County and the Companies have agreed to specific terms and conditions of such arrangements as set forth herein and in a Fee in Lieu of Tax and Incentive Agreement by and among the County and the Companies with respect to the Project (the “Incentive Agreement”), the form of which is presented to this meeting, which Incentive Agreement is to be dated as of May 15, 2018, or such other date as the parties may agree; and WHEREAS, it appears that the Incentive Agreement now before this meeting is in appropriate form and is an appropriate instrument to be executed and delivered by the County for the purposes intended. NOW, THEREFORE, BE IT ORDAINED by the County Council, as follows: As contemplated by Section 12-44-40(I) of the Negotiated FILOT Act, the findings and determinations set forth in the Inducement Resolution are hereby ratified and confirmed. In the event of any disparity or ambiguity between the terms and provisions of the Inducement Resolution and the terms and provisions of this Ordinance and the Incentive Agreement, the terms and provisions of this Ordinance and the Incentive Agreement shall control. Capitalized terms used and not otherwise defined herein shall have the meanings ascribed thereto in the Incentive Agreement. Additionally, based on information provided to the County by the Companies with respect to the Project, the County makes the following findings and determinations: The Project will constitute a “project” within the meaning of the Negotiated FILOT Act; and The Project, and the County’s actions herein, will subserve the purposes of the Negotiated FILOT Act; and The Project is anticipated to benefit the general public welfare of the State and the County by providing services, employment, recreation, or other public benefits not otherwise adequately provided locally; and

The Project gives rise to no pecuniary liability of the County or an incorporated municipality or a charge against the general credit or taxing power of either; and The purposes to be accomplished by the Project are proper governmental and public purposes; and The benefits of the Project are greater than the costs. -8- May 15, 2018

The County hereby agrees to enter into the Incentive Agreement, which agreement shall be in the form of a fee agreement, pursuant to the Negotiated FILOT Act, whereby the Companies will agree to satisfy, or cause to be satisfied, certain investment requirements with respect to the Project within certain prescribed time periods in accordance with the Negotiated FILOT Act and the County will agree to accept certain negotiated FILOT payments with respect to the Project (the “Negotiated FILOT”), as set forth in Section 2(b) hereof and in accordance with the terms of the Incentive Agreement. The Negotiated FILOT shall be determined using: (1) an assessment ratio of 6%; (2) the lowest millage rate or millage rates allowed with respect to the Project pursuant to Section 12-44- 50(a)(1)(d) of the Negotiated FILOT Act, which the parties believe to be, for the property anticipated to initially comprise the Negotiated FILOT Property portion of the Project, 291.1 mills, which millage rate shall be fixed in accordance with Section 12-44- 50(A)(1)(b) of the Negotiated FILOT Act for the entire term of the Negotiated FILOT; (3) the fair market value of such Negotiated FILOT Property as determined in accordance with Section 12-44- 50(A)(1)(c) of the Negotiated FILOT Act; and (4) such other terms and conditions as are or will be specified in the Incentive Agreement including, but not limited to, that the Companies and the Project shall be entitled to the maximum benefits allowable under the Negotiated FILOT Act with respect to the disposal and replacement of Project property. The Negotiated FILOT shall be calculated as provided in this Section 2(b) for all Negotiated FILOT Property placed in service as part of the Project during the Investment Period. For each annual increment of investment in Negotiated FILOT Property, the annual Negotiated FILOT payments shall be payable for a payment period of twenty (20) years. Accordingly, if such Negotiated FILOT Property is placed in service during more than one year, each year’s investment during the Investment Period shall be subject to the Negotiated FILOT for a payment period of twenty (20) years. Subject to the consent of the City Council of the City of North Charleston, the County will use its commercially reasonable efforts to designate the Project and the Land as part of a multi-county industrial or business park, if not already so designated, and agrees to use its commercially reasonable efforts to maintain the Project and the Land within the boundaries of a multi-county industrial or business park pursuant to the provisions of the Multi-County Park Act and Article VIII, Section 13(D) of the State Constitution on terms which provide for all jobs created at the Project from January 1, 2018 through the end of the Investment Period, any additional jobs tax credits afforded by the laws of the State for projects located within multi-county industrial or business parks. The form, provisions, terms, and conditions of the Incentive Agreement presented to this meeting and filed with the Clerk to County Council are hereby approved, and all of the provisions, terms, and conditions thereof are hereby incorporated herein by reference as if the Incentive Agreement was set out in this Ordinance in its entirety. The Chairman of the County Council is hereby authorized, empowered, and directed to execute the Incentive Agreement in the name and on behalf of the County; the Clerk to County Council is hereby authorized, empowered and directed to attest the same; and the Chairman of -9- May 15, 2018

the County Council is further authorized, empowered, and directed to deliver the Incentive Agreement to the Companies. The Incentive Agreement is to be in substantially the form now before this meeting and hereby approved, or with such changes therein as shall not materially adversely affect the rights of the County thereunder and as shall be approved by the official or officials of the County executing the same, upon the advice of counsel, their execution thereof to constitute conclusive evidence of their approval of any and all changes or revisions therein from the form of the Incentive Agreement now before this meeting. The Chairman of the County Council, the County Administrator and the Clerk to County Council, for and on behalf of the County, are hereby each authorized, empowered, and directed to do any and all things necessary or proper to effect the performance of all obligations of the County under and pursuant to the Incentive Agreement. The provisions of this Ordinance are hereby declared to be separable and if any section, phase, or provision shall for any reason be declared by a court of competent jurisdiction to be invalid or unenforceable, such declaration shall not affect the validity of the remainder of the sections, phases, and provisions hereunder. All orders, ordinances, resolutions, and parts thereof in conflict herewith are to the extent of such conflict hereby repealed. This Ordinance shall take effect and be in full force from and after its passage and approval. [End of Ordinance] Enacted and approved, in meeting duly assembled, this 15th day of May, 2018. CHARLESTON COUNTY, SOUTH CAROLINA

By:______A. Victor Rawl, Chairman, County Council, Charleston County, South Carolina [SEAL] Attest: By: ______Kristen L. Salisbury, Clerk to County Council, Charleston County, South Carolina First Reading: April 24, 2018 Public Hearing: May 15, 2018 Second Reading: May 8, 2018 Third Reading: May 15, 2018

The Chairman called for a roll call vote on third reading of the ordinance. The roll was called and votes recorded as follows:

Darby - absent at time of voting Johnson - nay Moody - aye Pryor - nay Qualey - aye Sass - aye Schweers - aye Summey - abstain Rawl - aye -10- May 15, 2018

The vote being five (5) ayes, two (2) nays, one (1) absent, and one (1) abstention, the Chairman declared the ordinance to have received third reading approval.

St. John’s Fire The Chairman stated the next item on the agenda was the St. John’s Fire District Bonds. District Bonds An ordinance approving the issuance of bonds by the St. Johns Fire District was given second reading by title only.

AN ORDINANCE FINDING THAT THE ST. JOHN’S FIRE DISTRICT, SOUTH CAROLINA, MAY ISSUE NOT EXCEEDING $5,250,000 OF GENERAL OBLIGATION BONDS AND TO PROVIDE FOR THE PUBLICATION OF NOTICE OF THE SAID FINDING AND AUTHORIZATION. The ordinance in its entirety will appear in the Minutes of Charleston County Council at the time of third reading. The Chairman called for a roll call vote on second reading of the ordinance. The roll was called and votes recorded as follows:

Darby - absent at time of voting Johnson - aye Moody - aye Pryor - aye Qualey - aye Sass - aye Schweers - aye Summey - aye Rawl - aye

The vote being eight (8) ayes and one (1) absent, the Chairman declared the ordinance to have received second reading approval.

Curbside The Chairman stated the next item on the agenda was curbside collection for Collection for unincorporated Charleston County. Unincorporated An ordinance amending ordinance number 1772 and authorizing an exclusive franchise Charleston was given second reading by title only. County—2nd Reading AN ORDINANCE AMENDING ORDINANCE NUMBER 1772, AUTHORIZING AN EXCLUSIVE FRANCHISE FOR THE COLLECTION OF SOLID WASTE FROM HOUSEHOLDS IN UNINCORPORATED AREAS OF THE COUNTY AND OTHER MATTERS RELATED THERETO The ordinance in its entirety will appear in the Minutes of Charleston County Council at the time of third reading. The Chairman called for a roll call vote on second reading of the ordinance. The roll was called and votes recorded as follows:

Darby - absent at time of voting Johnson - aye -11- May 15, 2018

Moody - aye Pryor - aye Qualey - aye Sass - aye Schweers - aye Summey - aye Rawl - aye

The vote being eight (8) ayes and one (1) absent, the Chairman declared the ordinance to have received second reading approval.

Mediation The Chairman stated the next item on the agenda was the mediation settlement for Settlement for Seafood Road. Seafood Road Deputy County Attorney Bernard Ferrara provided a report in regards to the mediation settlement between Charleston County and Catalyst Builders. It was stated that by way of background, the S.C. Local Government Comprehensive Planning Enabling Act of 1994 was amended in 2003 to allow a property owner who files a notice of appeal from the board of zoning appeals to circuit court to request a pre-litigation mediation of the issue. Pre-litigation mediation is always granted. The property owner and County staff resolved the matter at the mediation conference. However, before the terms of the mediation settlement may take effect, the mediation settlement must be approved by the local legislative governing body in public session, and the circuit court. If the mediation settlement is not approved by the local legislative governing body, the property owner may appeal to the circuit court. If the mediation settlement is approved, the appeal is dismissed. Catalyst submitted applications to the United States Army Corp of Engineers (“USACE”) and South Carolina Department of Health and Environmental Control Office of Ocean and Coastal Resource Management (“SCDHEC-OCRM”) seeking federal and state permits to pipe and fill 1,400 square feet of critical area ditch adjacent to Seafood Road to improve a means of access to its property. USACE and SCHEC-OCRM have issued permits for the work. In conjunction with the applications, Catalyst requested a variance from the BZA to encroach into a portion of the 15’ critical line buffer to perform the work permitted by USACE and SCDHEC-OCRM. The Charleston County Planning Department Staff reviewed and recommend approval of the variance request, but the BZA denied the request. Catalyst filed a notice of appeal of the BZA decision to the Charleston Circuit Court with a request for a pre-litigation mediation. In accordance with State law, the parties mediated the case and reached a concept for settling the appeal. The County agrees to approve Catalyst’s application to encroach into the 15’ critical line buffer to perform the right-of-way access work permitted by USACE and SCDHEC-OCRM. Catalyst agrees to expand the OCRM critical line buffer from 15’ to 25’. It will plant the expanded buffer area with canopy trees, bushes and vegetation. It will install two engineered detention bio- swales, referred to as “rain gardens,” on the property that are designed and engineered to reduce silt, pollution and other particles from stormwater runoff. The expansion of the critical line buffer, creation of the bio-swales, and installation of the vegetative plantings in the buffer provides for enhanced vegetative filtering and screening of rainwater runoff before it enters the critical area. It enhances the protection -12- May 15, 2018

of the critical area and provides a visual, spatial, and ecological transition zone between development and the saltwater wetlands, and protects water quality and wildlife habitat in compliance with the Zoning and Land Development Regulations Ordinance (“ZLDR”). This Mediation Settlement is consistent with the Charleston County Planning Commission’s pending recommendation that County Council adopt an amendment to the ZLDR authorizing the Zoning and Planning Department Director to modify the SCDHEC-OCRM Critical Line setbacks and buffers when SCDHEC-OCRM has granted approval to modify or alter OCRM jurisdiction wetlands within public or private rights-of- way.

Committee recommended that Council approve the mediation settlement as set forth between Charleston County and Catalyst Builders in regards to Seafood Road.

Mr. Pryor moved approval of the committee recommendation, seconded by Mr. Summey, and carried.

The Chairman stated the next item on the agenda was the Consent Agenda. Mr. Summey moved for approval of the Consent Agenda, seconded by Mr. Pryor, and carried.

Consent Agenda items are as follows:

SC Public ITEM A Safety Body- County Administrator Jennifer Miller and Public Defender Ashley Pennington provided a Worn report regarding the acceptance of award to assist with cost of video storage for body- Cameras worn cameras. It was stated that the Charleston County Public Defender’s Office Grant (Public requests approval to accept $2,788.41 from the South Carolina Public Safety Defender) Coordinating Council (SCPSCC) and South Carolina Department of Public Safety (SCDPS) under the SCDPS’s Body-Worn Cameras program. This award will be used by the Public Defenders’ Office to acquire electronic hardware needed for storing body-worn camera videos that are associated with many of its cases. The funds may be applied to such items purchased on or after July 1, 2012, with no stated expiration date. No FTEs or matching funds are associated with this request.

Committee recommended that Council approve the Charleston County Public Defender’s Office request to accept $2,788.41 from the South Carolina Public Safety Coordinating Council (SCPSCC) and South Carolina Department of Public Safety (SCDPS) under the SCDPS’s Body-Worn Cameras program with the understanding that:  This award will be used by the Public Defenders’ Office to acquire electronic hardware needed for storing body-worn camera videos that are associated with many of its cases.  The funds may be applied to such items purchased on or after July 1, 2012, with no stated expiration date.  No FTEs or matching funds are associated with this request.

Hazardous ITEM B Material Emergency Preparedness Grant (EMD) -13- May 15, 2018

County Administrator Jennifer Miller and Emergency Management Director Jason Patno provided a report regarding a request to received Hazardous Materials Emergency Preparedness Grant funding. It was stated that through the U.S. Department of Transportation’s Hazardous Materials Emergency Preparedness Grant Program (HMEP), funding is available to provide advanced hazardous materials emergency planning and training to local first responder agencies. The Emergency Management Department is requesting approval to receive $60,473 in grant funding through the above referenced program to provide hazardous materials incident response training to law enforcement, emergency medical and fire service personnel throughout Charleston County. If approved, grant funds will also be used to purchase a ruggedized laptop computer to be used with hazardous materials detection equipment already possessed by the Emergency Management Department. Public awareness educational materials will also be purchased with grant funds. ITEM COST Advanced Hazardous Materials Response $43,375 Training Ruggedized Laptop and Accessories $5,698 Public Education Materials $11,400 Total $60,473

An in-kind or soft match is required. Salaries of Emergency Management Department personnel associated with the completion of the projects identified in the grant scope of work will satisfy the match requirement. There are no FTE’s or vehicles associated with the above referenced grant program. Committee recommended that Council approve the Emergency Management Department’s request to receive grant funding in the amount of $60,473 through the 2018-2019 Hazardous Materials Emergency Preparedness Grant Program (HMEP). The grant performance period is October 1, 2018 through September 30, 2019.  An in-kind or “soft” match of behalf on the Emergency Management Department is required. Salaries of Emergency Management Department personnel associated with the completion of the projects identified in the grant scope of work will satisfy the match requirement.  There are no FTE’s or vehicles associated with the above referenced grant program.

Board of ITEM C Zoning Appeals Councilmember Anna Johnson is recommending Ronald Ladson for appointment to the Appointment Charleston County Board of Zoning Appeals for a term to expire December 31, 2018. The Charleston County Board of Zoning Appeals consists of nine members appointed by Council. This Board hears and decides appeals where it is alleged there is error in order, requirement, decision, or determination made by an administrative official in the enforcement of the County's zoning ordinance. The Board hears and decides appeals for variance from the requirements of the zoning ordinance when strict application of the ordinance would result in unnecessary hardship. The Board also makes decisions -14- May 15, 2018

regarding the permitting of uses by special exception subject to the terms and conditions set forth in the County's Zoning Ordinance.

Committee recommended that Ronald Ladson be appointed to the Charleston County Board of Zoning Appeals as Councilmember Anna Johnson’s appointee for a term to expire December 31, 2018.

Financial The Chairman stated the next item on the agenda was CK Crosspoint VI, LLC Financial Incentives for Incentives. CK Crosspoint VI, LLC County Administrator Jennifer Miller and Economic Development Director Steve Dykes provided a report regarding financial incentives for CK Crosspoint VI, LLC. It was stated that during 2017 the Economic Development Director held discussions with executives from Childress- Klein, a Charlotte, N.C.-based developer specializing in build-to-suit and speculative industrial property development. The company outlined an interest in constructing a large industrial building in Palmetto Commerce Park to accommodate “Project Sunshine,” an automotive supplier. In order to enhance and accelerate recruitment efforts in similar situations, Charleston County Council has utilized financial incentives on six previous occasions since 2015 to incentivize development of industrial buildings, which will result in immediate job creation. Following the commitment of fee-in-lieu-of-taxes (FILOT) by the Economic Development Director, the CK Cross Point VI, LLC (the Childress- Klein legal entity) commenced and has now completed construction of its 273,000 square foot building, spending $11 million. The building will host “Project Sunshine” in addition to several other industrial tenants. It is the sixth building in the Cross Point section of Palmetto Commerce Park that has been undertaken by Childress- Klein, and its tenants now include The Boeing Company R&D facility, 787-supplier AMT Senior Aerospace, and about a dozen other automotive and distribution-related employers. The CK Cross Point VI, LLC construction investment will result in $4.4 million in new public revenues over the next twenty years. Of that total, Charleston County will receive approximately $702,437. “Project Sunshine” will create 28 new jobs with average annual pay of $44,684 per year, comprising a $1.25 million annual payroll. (NOTE: The confidential code name of “Project Sunshine” will be utilized until the company can finalize its decision and make a formal public announcement. This is anticipated to happen within approximately one month.) To support this recruitment effort, the Economic Development Director committed to the use of Fee-in-Lieu-of-Taxes (FILOT) and Multi-County Industrial Park (MCIP) designation for the Cross Point Building #6. Under the FILOT, the building will be taxed at 6% assessment over the next twenty years, with millage fixed at the current prevailing rate throughout that term.

Committee recommended that Council adopt an inducement resolution and approve an ordinance authorizing the execution and delivery of a fee-in-lieu-of-taxes (FILOT) to support the construction of an industrial building in Palmetto Commerce Park by CK Cross Point VI, LLC for “Project Sunshine.” FILOT terms to include: 6% assessment rate; millage fixed at the current level of 291.1 over a twenty-year term. Charleston County also pledges to include the property in its Charleston-Colleton Multi-County Industrial Park (MCIP) by taking legislative action at a date later in 2018.

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Mr. Pryor moved approval of the committee recommendation with the understanding that the ordinance may be amended up to third reading, seconded by Mr. Summey and carried.

The resolution is as follows: INDUCEMENT RESOLUTION TO STATE THE COMMITMENT OF CHARLESTON COUNTY TO ENTER INTO A FEE AGREEMENT WITH CK CROSSPOINT VI, LLC AND/OR ITS DESIGNEES OR NOMINEES; TO PROVIDE THE GENERAL TERMS OF THE FEE AGREEMENT; TO IDENTIFY THE PROJECTS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT; TO STATE THE COMMITMENT OF CHARLESTON COUNTY TO PLACE SUBJECT PROPERTY IN A MULTI-COUNTY PARK; AND TO PROVIDE FOR OTHER MATTERS RELATED THERETO. WHEREAS, Charleston County, South Carolina (the “County”), a political subdivision of the State of South Carolina (the “State”), acting by and through its County Council (the “County Council”), is authorized and empowered under and pursuant to the provisions of Title 12, Chapter 44, Code of Laws of South Carolina 1976, as amended (the “Act”) to encourage investment in the State by inducing new and existing manufacturing and commercial enterprises to locate and remain in the State and thus utilize and employ manpower and other resources of the State by accepting certain payments in lieu of ad valorem taxes with respect to such investment; WHEREAS, CK Crosspoint VI, LLC, a South Carolina limited liability company (the “Company”) is considering the purchase of land and construction and installation of a project in the County and associated investment (collectively, the “Project”), provided that the County enters into certain fee-in-lieu of tax arrangements with the Company, as set forth herein; WHEREAS, in connection with the Project, the Company has requested that the County enter into an agreement to establish: (i) the intention of the Company to make an investment in economic development property of approximately Seven Million Five Hundred Thousand Dollars ($7,500,000.00), but in any event not less than Two Million Five Hundred Thousand Dollars ($2,500,000.00); and (ii) in consideration for such investment in economic development property, the binding agreement of the County to provide fee-in-lieu of tax (“FILOT”) incentives to the Company as set forth more fully in such agreement; and WHEREAS, the Company has informed the County that they intend to make or cause to be made new, taxable investments eligible for FILOT incentives under the Act, consisting of real and personal property related to the Project in the County of at least the minimum investment as defined in the Act over the first twenty (20) years of the Project, and the County intends to commit itself to entering into a fee-in-lieu of tax agreement with the Company under the Act so that the Company may qualify the Project for benefits under the Act. NOW, THEREFORE, BE IT RESOLVED by the County Council of Charleston County, South Carolina: Section 1. The adoption of this Resolution is an official action by the County Council to identify, reflect and induce the Project under the Act. For purposes of the Act, this Resolution is an “Inducement Resolution.” For purposes of Section 12-44-110 of the -16- May 15, 2018

Act, this Resolution constitutes preliminary approval by the County prior to the execution of a fee agreement. Section 2. The County commits to enter into a negotiated FILOT arrangement with the Company for the Project, the terms of which shall be set forth in a Fee Agreement with the Company (the “Fee Agreement”) in form and manner satisfactory to the County and the Company containing substantially the following terms: a. an investment period of five (5) years (the “Investment Period”); and b. the Company’s commitment to invest at least Two Million Five Hundred Thousand Dollars ($2,500,000.00) in the Project, not later than the end of the Investment Period; c. calculation of FILOT payments using an assessment ratio of six percent (6%) and a fixed millage rate for the entire term of the Fee Agreement; and d. a term of twenty (20) years for the Fee Agreement. Section 3. Based upon information provided by and the representations of the Company, County Council finds that: (i) the Project is anticipated to benefit the general public welfare of the County by providing services, employment, recreation or other public benefits not otherwise adequately provided locally, (ii) the Project gives rise to no pecuniary liability of the County or incorporated municipality and to no charge against the general credit or taxing power of either the County or any incorporated municipality, (iii) the purposes to be accomplished by the Project are proper governmental and public purposes, and (iv) the benefits of the Project to the public are greater than the costs to the public. Section 4. County Council commits to use commercially reasonable efforts to designate the land on which the Project is located as a multi-county park, if not currently designated, pursuant to the authority of Section 4-1-170 of the Code of Laws of South Carolina 1976, as amended and Article VIII, Section 13(D) of the South Carolina Constitution and to maintain the multi-county park designation for a period not less than the term of the Fee Agreement provided for in Section 2 of this Resolution. County Council’s commitment to place the Project land in a multi-county park is subject to the exercise of discretion by a governmental entity other than the County and the exercise of that discretion is not controlled by the County. Section 5. County Council shall approve the Fee Agreement, and any other agreement or document contemplated by this Resolution, in accordance with South Carolina law and the rules and procedures of the Council. Section 6. To the extent this Resolution contains provisions that conflict with other orders, resolutions, and parts thereof, the provisions contained in this Resolution supersede all other orders, resolutions and parts thereof and this Resolution is controlling. Section 7. This Resolution takes effect upon its adoption. Adopted this 15th day of May, 2018.

CHARLESTON COUNTY, SOUTH CAROLINA By: ______A. Victor Rawl, Chair of County Council [SEAL]

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ATTEST: By: ______Kristen Salisbury, Clerk to County Council

An ordinance authorizing the execution and delivery of a fee-in-lieu-of-taxes (FILOT) to support the construction of an industrial building in Palmetto Commerce Park by CK Cross Point VI, LLC for “Project Sunshine.” FILOT terms to include: 6% assessment rate; millage fixed at the current level of 291.1 over a twenty-year term. Charleston County also pledges to include the property in its Charleston-Colleton Multi-County Industrial Park (MCIP) by taking legislative action at a date later in 2018 was given first reading by title only. AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF A FEE-IN-LIEU OF TAX AGREEMENT BY AND BETWEEN CK CROSSPOINT VI, LLC (THE “COMPANY”) AND CHARLESTON COUNTY, WHEREBY CHARLESTON COUNTY WILL ENTER INTO A FEE-IN-LIEU OF TAX AGREEMENT WITH THE COMPANY AND PROVIDING FOR PAYMENT BY THE COMPANY OF CERTAIN FEES-IN-LIEU OF AD VALOREM TAXES; PROVIDING FOR THE ALLOCATION OF FEES-IN-LIEU OF TAXES PAYABLE UNDER THE AGREEMENT FOR THE ESTABLISHMENT OF A MULTI- COUNTY INDUSTRIAL/BUSINESS PARK; AND OTHER MATTERS RELATING THERETO.

The ordinance in its entirety will appear in the Minutes of Charleston County Council at the time of third reading.

Main Road The Chairman stated the next item on the agenda was Main Road Improvements. Improvements Project County Administrator Jennifer Miller and Transportation Development Director Steve Thigpen provided a report regarding US17 and Main Road Intersection Improvements and Main Road Widening project. It was stated that In November 2016, the citizens of Charleston County approved a second Transportation Sales Tax (TST). The 2016 TST ordinance states that projects may include US 17 at Main Road flyover and widening Main Road from Bees Ferry Road to Betsy Kerrison Parkway as a project of Regional Significance. The project’s intentions include improving safety, traffic capacity, providing bicycle and pedestrian facilities, reducing congestion at the intersection of US 17 and Main Road, and improving drainage on Main Road between US 17 and the John F. Limehouse Bridge. On April 7, 2017, Council authorized staff to negotiate a contract with Infrastructure Consulting Engineers (ICE) for the Phased Engineering Design and Environmental Permitting. ICE received the notice to proceed with the design contract on September 6, 2017 and shortly after began collecting data to begin the National Environmental Policy Act (NEPA) process. The first step in the NEPA process includes identifying potential impacts to various environmental features: wetlands, cultural resources, land use (schools, churches, protects farmland, etc.), hazardous materials sites, population demographics, noise, trees, and traffic. In an effort to accelerate the schedule, ICE divided project into three segments while analyzing possible impacts, A, B, and C. Based on these results, staff recommends moving forward with a segmented approach by separating the project into three segments and prioritizing in the following order: Segment A, Segment C and Segment B. -18- May 15, 2018

Staff met with the Army Corp of Engineers (ACOE) to discuss the traffic analysis and segmenting the project. Separating the project would expedite addressing the immediate safety and traffic congestion needs of Segment A and allow staff to proceed with the more lengthy permitting process anticipated on the remaining segments. Staff anticipates that Segment A may be completed through the NEPA process as an Environmental Assessment (EA) rather than the lengthy Environmental Impact Statement (EIS) process that may be required for other Segments.

Committee recommended that Council approve segmenting the project into three segments and prioritizing as follows: 1. Segment A - US 17 and Main Road Intersection Improvements and Main Road Improvements from Bees Ferry Road to River Road 2. Segment C - Bohicket Road Improvements from Maybank Highway to Betsy Kerrison Parkway 3. Segment B- Main Road from River Road to Maybank Highway

Ms. Johnson moved approval of the committee recommendation, seconded by Mr. Pryor, and carried.

Mr. Schweers stated for clarification that when the second half-cent sales tax was approved, Bohicket Road was listed as a capacity improvement. The title of the agenda item lists this as a widening project, but he wanted the citizens to understand it may not be a straight widening. Judge Rawl stated the title of the agenda item concerned him, as well because all that was being approved tonight was a scheduling order. No contract or decisions to proceed have been made. Tonight’s vote was simply on allowing the project to be broken into three sections to better accommodate permitting matters so the fact that an agenda item says US17/Main Road Widening is misleading. Mr. Pryor stated he would like the motion to reflect what Judge Rawl stated.

Council The Chairman asked if any member of Council wished to bring a matter before the Body. Comments Mr. Moody urged the citizens in Mt. Pleasant to have patience in the wake of the closure of the James B. Edwards Bridge over the Wando River. Not having I-526 is awful and will be a long road, but hopefully the SCDOT will get it fixed and fixed correctly.

There being no further business to come before the Body, the Chairman declared the meeting to be adjourned.

Kristen L. Salisbury Clerk of Council