MOUNT PLEASANT TOWN COUNCIL June 12, 2001 Mayor Pro Tem Kruger Smith called the meeting to order in the absence of Mayor Hallman at 7:00 p.m. In attendance were Council members Mr. Bustos, Mr. Fava, Mr. Power, Mr. Santos, Mrs. Stokes-Marshall, Mr. Utsey, and Mr. Van Nort. Also in attendance Mr. Burdette, Ms. Jernigan, Mr. Young, Mr. Ford, Chief Perry, Chief Tetor, Ms. Phipps, Mr. Peele and Mr. Gartner. Mr. Smith offered the prayer, followed by a video tribute for D-Day and the Pledge to the Flag. The Clerk of Council certified that the Town is in compliance with the Freedom of Information Act. APPROVAL OF AGENDA Mr. Fava moved that Item V.A. be moved to the public statements portion of the agenda; seconded by Mr. Utsey. All present were in favor. The agenda was approved as amended. AWARDS & PRESENTATIONS Mr. Smith presented an Award given by Community Pride of Charleston County to the Mount Pleasant Pride Committee to Ms. Minnie Mayberry and Ms. Carolyn Yarbrough, members of the Pride Committee. Mr. Smith noted that this is the highest honor that Community Pride awards. Mr. Burdette recognized Mr. Isaac Burns for twenty years of service. (Mr. Burns was unable to be present to personally receive his award.) APPROVAL OF MINUTES AND FINANCIAL STATEMENT Mr. Smith called for the approval of the minutes and financial statement. Mr. Power asked that a correction be made to the April 10, 2001 Town Council minutes on page 10 in regard to the communications tower, the motion should state that the terms of the lease for the tower for twenty five years would be at “$1,600 per month”; seconded by Mr. Utsey. All present were in favor. The minutes were approved as amended. Mr. Power moved for approval of the minutes of May 8, 2001; seconded by Mrs. Stokes-Marshall. All present were in favor. CORRESPONDENCE AND PUBLIC STATEMENTS Dr. Franklin Medio, 110 Cape Street, Charleston (Daniel Island), spoke on behalf of the Daniel Island Neighborhood Association. He said that they seek the Town’s guidance, assistance and support in their efforts in opposing the SPA Port on Daniel Island. He said that the port was proposed in 1991 when Daniel Island was a wilderness preserve. He said that Daniel Island has undergone a major transformation. They have over 300 single family homes, apartment complex, church, store, high school, soccer stadium, tennis facility, golf course and businesses. He said that they appreciate the fact that the Town has publicly opposed the Global Gateway, which has since been withdrawn, but in its place is a scaled down version. He said that they are not anti-port expansion, but they question the choice of Daniel Island as the site for the port development. They feel that there are better sites that already have the necessary infrastructure. He said that are in the process of getting petitions signed by residents. They want people to know that the majority of Daniel Island residents are opposed to having a port on the island. Dr. Medio said that they have several questions that he would like Council to review as they are looking for guidance from a city with a port within its boundaries. He was asked that his questions be given to Council in writing. Mr. Carlton Poulnot, 140 Sampa Road, spoke in regard to the road connecting Braemore Subdivision with I’On. He asked that Council honor the commitment of Council and the pledges that were made. He asked that Council delay action on this matter until the next meeting. Mr. Vince Graham, 187 Shipyard Road, spoke in regard to the road connecting Braemore Subdivision with I’On. He said that the Planning Committee recently voted to remove this previously approved road. He asked that Council consider the following information. He said that the connection between these two subdivisions would enable drivers from Hobcaw Point and Molasses Creek to travel back and forth. He said that there are 23 members of the I’On Club from those subdivisions. He said that there are also families from those subdivisions who patronize the small shops and businesses located on I’On Square. He said that although they favor interconnectivity, eliminating the connection will not have much affect on their community. He said that it would add trips to Mathis Ferry Road. He said that the Town requested that I’On coordinate the connection with Braemore, and as approved, trees were taken down during construction for this connection. He said that if Council eliminates this connection, I’On would expect the Town to compensate them for the considerable time and expense that they have invested in this effort, including the cost of replacing the trees that were removed. Mr. Graham said that some people have said that he has made promises and signed contracts not to make this connection, but such claims are unfounded. PLANNING – Mr. Ford New Business The first item was consideration of an Ordinance to rezone from OP, Office Professional, to AB, Areawide Business, an approximately 0.64 acre portion of a 1.93 acre parcel of land located on the southwest corner of Coleman Boulevard and Broadway Street, being TMS #517 06 00 060 (Ord. No. 01033). Mr. Ford stated that there is an existing convenience store/gas station on the front portion of this site. He said that the remainder of the property shown on the site map will remain Office Profession, and he said that the Planning Commission recommended approval, and the Planning Committee also recommended approved. Mr. Utsey moved for first reading; seconded by Mr. Van Nort. All present were in favor. Mr. Burdette read FIRST READING BY TITLE ONLY. The second and third items were consideration of Ordinance providing for the annexation of an approximately 0.667 acre portion of a 3.75 acre parcel of land known as Parcel 3, located on the northeast side of Country Store Road, being TMS# 559 00 00 021 (Ord. No. 01034) and consideration of Ordinance to zone AB, Areawide Business, an approximately 0.667 acre portion of a 3.75 acre parcel of land known as Parcel 3, located on the northeast side of Country Store Road, being TMS# 559 00 00 021 (Ord. No. 01035). Mr. Ford stated that this property is across from the I-526 connector, and it is the proposed car dealership next to the CVS Pharmacy. They request that this small parcel be added to the tract. He said that there was a site plan for a special exception that involved an area for drainage and retention. He said that he understands that they are making a request at the Board of Zoning Appeals to modify the site plan, which would take two variances and a change to the original layout that was approved by the Board of Zoning Appeals. Mr. Ford pointed out that the Planning Commission and Planning Committee recommended approval; however, he requested a deferral so that the staff could review the variances being requested and the change in the site plan. Mr. Sid Boone, 1223 Long Point Road, stated that he did not know that the plans had been submitted and that they were different. Mr. Boone suggested that Council have first reading and then they will meet with staff prior to final reading. Mr. Utsey moved for first reading of the annexation; seconded by Mr. Santos. All present were in favor. Mr. Burdette read FIRST READING BY TITLE ONLY. Mr. Utsey moved for first reading of the zoning request with the stipulation that it go back to the Planning Committee in order to review the changes; seconded by Mrs. Stokes- Marshall. All present were in favor. Mr. Burdette read FIRST READING BY TITLE ONLY. Old Business Mr. Fava stated that since items 1 through 5 are all annexations within the Awendaw Fire District, Mr. Fava moved that items 1 through 5 be deferred until such time as the staff has new information to allow Council to proceed with the annexations; seconded by Mr. Utsey. All present were in favor. The sixth item was final reading of Ordinance providing for the annexation of approximately 0.31 acres of a 3.6 acre tract of land located on Chuck Dawley Boulevard and being a portion of TMS 532-04-00-004 (Ord. No. 01027). Mr. Utsey moved for final reading; seconded by Mrs. Stokes-Marshall. All present were in favor. Mr. Burdette read FINAL READING BY TITLE ONLY. This Ordinance SIGNED, SEALED AND DELIVERED THIS DATE. The seventh item was final reading of Ordinance to zone NC, Neighborhood Commercial, approximately 0.31 acres of a 3.6 acre tract of land located on Chuck Dawley Boulevard and being a portion of TMS 532-04-00-004 (Ord. No. 01028). Mrs. Stokes- Marshall moved for final reading; seconded by Mr. Utsey. All present were in favor. Mr. Burdette read FINAL READING BY TITLE ONLY. This Ordinance SIGNED, SEALED AND DELIVERED THIS DATE. The eighth item was final reading of Ordinance providing for the annexation of a 3.24 acre tract of land located at 1236 Mathis Ferry Road (Ord. No. 01030). Mrs. Stokes- Marshall moved for final reading; seconded by Mr. Utsey. All present were in favor. Mr. Burdette read FINAL READING BY TITLE ONLY. This Ordinance SIGNED, SEALED AND DELIVERED THIS DATE. COMMITTEE REPORTS Accommodations Tax Advisory Committee – Mr. Power No report. Annexation Committee – Mrs. Stokes-Marshall Mrs. Stokes-Marshall reported that the committee recommended approval of the annexation of the .667 acre parcel on Country Store Road, and this item was previously taken up under Planning New Business. Mrs. Stokes-Marshall also reported that the committee met with Whitehall Terrace representatives and the staff apprised the committee on new methods and procedures of annexation regarding the Awendaw Fire District. She stated that the committee received legal advice and the committee felt that it would be prudent to settle the fire protection issue with Charleston County before engaging the annexation of Whitehall Terrace. Bids & Purchases Committee – Mr. Van Nort Mr. Van Nort reported that the committee received a progress report the activities and requirements for the acquisition of land for Public Service Facilities at Six Mile. Staff did suggest securing services of an independent legal counsel to represent the seller’s interest, and the Committee concurred with staff’s recommendation. Mr. Van Nort moved that Council authorize Mr. Young to establish a formal relationship with independent counsel for the seller associated with the acquisition of land for the Public Works Facility at Six Mile; seconded by Mrs. Stokes-Marshall. All present were in favor. Mr. Van Nort also reported that the committee awarded contracts for HVAC maintenance services and auditing services beginning with the new budget year. The contract amounts as offered by Johnson Controls and Biddlecomb Game with Hardwick Associates are in line with the proposed budget. Mr. Van North informed Council that at the end of the fiscal year, there remains only one request for proposals pending which will first be reviewed by the Accommodations Tax Advisory Committee related to tourism advertising media. Finance Committee – Mr. Power Mr. Power reported that the committee received a request for reassignment of economic development incentive funds upon which we felt it appropriate that EDAB review the proposal submitted for a regional office project and the relocation of an engineering firm to the building being constructed in Wando Park. Mr. Power stated that the Economic Development Advisory Board met Monday to discuss the Proposal. The recommendation of the Committee was that the Economic Development Incentive Grant designated to the Maquet Corporation, be applied to the S&ME, Incorporated, Regional Office project. S&ME offers national geotechnical engineering, construction materials engineering, testing, and quality assurance, environmental services, and occupational health and safety services from 16 regional offices throughout the southeast United States. This EDAB recommendation is based on the following:  The grant will assist in retaining and expanding an existing Mount Pleasant business clearly identified as compatible economic development in accordance with the EDAB mission statement.  The project will provide a substantial investment of over $2.6 million, plus additional expenditures in furniture and fixtures.  The project will retain 46 quality jobs and create an additional 4-5 positions per year over a 7-10 year lease period. Most of these employees, 60-70%, live in Mount Pleasant.  The company will generate over $5 million in annual revenue-- 80% of which is from outside the Town of Mount Pleasant and 50% is outside the Charleston Region.

Mr. Power moved that Council accepts the recommendation of EDAB, to pass the incentive of $32,369.00 on to the company of SM&E as based on their findings of economic contributions to the community; seconded by Mr. Van Nort. All present were in favor. Mr. Power also reported that Mr. Burdette has been pursing discussions with Charleston County School Officials relative to the construction of the Wando Auditorium. Hopefully, we will hear back from the School Board in July. Fire Committee – Mr. Bustos Mr. Bustos reported that the committee recommended approval of donating eight new fire helmets. He stated that the dealer has reimbursed the department with merchandise and gave the defective helmets to the department. He stated that the committee recommended the donation of these helmets to the Explorer Post in order to be used for training and that they will be painted blue by the department. Mr. Bustos moved for approval; seconded by Mrs. Stokes-Marshall. All present were in favor. Mr. Bustos also reported that the committee recommended approval of a resolution in regard to the fire department response standard based on information obtained through the accreditation process. He explained that the 1995 response standard of five minutes is no longer applicable in some cases due to traffic congestion. The committee has recommended that the level of service be revised to seven minutes at least 70% of the time. The resolution is listed under Council New Business. Mr. Bustos stated that the committee reviewed new building code requirements and the staff will provide further information at next Council meeting. Also, the committee received an update on the purchase of land for Fire Station No. 3. Personnel Committee – Mr. Fava No report. Planning Committee – Mr. Utsey Mr. Utsey reported that the committee reviewed a request to rezone property on Coleman Boulevard and the annexation and zoning of property on Country Store Road, and these items were previously discussed under Planning New Business. Mr. Utsey reported that the committee recommended approval of the right of way/encroachment permit ordinance, which will be considered under Council New Business. Mr. Utsey also reported that the committee recommended approval of the Shellpoint Condominium Impact Assessment; however, impact assessments for Whispering Marsh Phase III and Ayers Plantation were deferred by the committee. Mr. Utsey also stated that the committee received the final report from the Ad Hoc Committee on Open Space, and this item will be discussed at the June 14th Council meeting. Mr. Utsey stated that the staff was directed to investigate creating a new zoning district from the Areawide Business District, and this district would be more restrictive than the AB district. He stated that the committee will receive a report at the August committee meeting. Also, the staff is working with representatives of churches in the Old Village area to find an appropriate location for their proposed community service project. The committee also discussed a duplicate of review occurring between the Transportation and Planning Committees regarding impact assessments. The committee recommended that impact assessments be routed to the Planning Committee only, unless this committee requests additional input from the Transportation Committee. He said that this item will be discussed on July 14th. Mr. Utsey also reported that the committee received briefings from staff regarding the Remley’s Point development and the Town’s economic development program, as well as an update on the Building Permit Allocation Program. As of June 4 there were 431 single family permits available for the third quarter, and as of that date 91 applications have been received for the third quarter. Mr. Utsey stated that the committee also discussed the connecting road between Braemore Suddivision and I’On. He stated that the committee initially voted 4 to 0 to recommend to Council that this road be closed. Mr. Utsey asked Mr. Ford if the Braemore Subdivision has a preliminary plat approval, and Mr. Ford answered in the affirmative. Mr. Utsey asked if they have received final plat approval. Mr. Ford stated that they have not received that as yet. Mr. Utsey asked if Council would be allowed to make changes in the plat that has been given preliminary plat approval, such as closing a road. Mr. Ford stated that the Planning Commission reviews preliminary plats, which is the document that allows them to begin construction of the subdivision. Mr. Utsey said he recently received information and he feels that it should be referred back to the Planning Committee. Mr. Smith called upon those who signed in to speak. No one wished to speak. Mr. Utsey moved that this item be sent back to the Planning Committee for further discussion; seconded by Mr. Santos. All present were in favor. Police, Legal & Judicial – Mr. Fava for Mayor Hallman Mr. Fava reported that the committee recommended approval of extending the terms of the judgeships from five to eight years and to establish staggered terms of office to ensure continuity of experience. This Ordinance is listed under Council New Business. Mr. Fava also reported that the committee recommended approval of the reappointment of the four municipal judges – Lawrence Duffy, Peter Shahid, Samuel M. Coleman, and Alston Badger – for the year 2001-2002. Mr. Fava moved for approval; seconded by Mr. Power. All present were in favor. Mr. Burdette suggested that final reading of this Ordinance be on June 25th at the special Council meeting in order for the Municipal Judges to be sworn-in at the July Council meeting. Mr. Fava further reported that the committee recommended that a donation of $7,500 be made to the Coastal Crisis Chaplaincy, who provide valuable services to police departments throughout the area. Mr. Fava moved for approval; seconded Mr. Van Nort. All present were in favor. Public Services Committee – Mr. Power Mr. Power reported that the committee received a presentation by staff concerning a drainage system failure in the Charleston National Subdivision, and the committee authorized staff to proceed with the repair of a 36 inch drainage pipe that is damaged at the outfall structure of the pond system. He said that this was based on staff’s assessment of a public need for flood prevention, and this authorization included negotiating with the HOA for future rights of access by the Town to flood control systems within the subdivision and that the Town does not include responsibility for pond structures and pond maintenance. Mr. Power reported that there was a presentation by staff concerning Hidden Cove drainage in coordination with the State Ports Authority. The committee authorized staff to communicate with the State Ports Authority. Mr. Power also stated that there was a presentation concerning other drainage issues in the Hidden Cove Subdivision and the staff was authorized to work with Charleston County with participatory project to rectify flooding problems. The staff was directed to receive funding for material from Charleston County and the Public Services Department would provide the labor. Mr. Power also reported that there were also updates by staff on CTC paving projects, as well as on stormwater and participatory projects. They also received a report concerning a safety issue involving a drainage ditch in Parish Place Subdivision, and that staff has been working with Charleston County Public Works, Charleston County School District and a concerned citizen. He said all parties are concerned for the safety of school children who are using this access to J.B. Edwards School. The committee authorized staff to proceed with this project as a participatory project whereby the Town provides the labor and noted parties provide funds to complete the project as outlined by staff. Recreation Committee – Mr. Santos Mr. Santos reported that the committee recommended that the Center Street Recreation Complex be named in honor of Ed Duffy. He said that Council members have received his memorandum recommending this action and other letters of recommendation, one of which he read from Joe Gawrych. Mr. Santos moved for approval to name the Center Street Recreation Complex as the Edward B. “Eddie” Duffy Complex; seconded by Mrs. Stokes-Marshall. All present were in favor. Mr. Smith asked if there was discussion of developing a procedure for Council members to recommend naming facilities for citizens. Mr. Utsey said that they discussed having a policy in place for naming roads, facilities, etc. in the future. Mr. Burdette said that the staff is working on a procedure to bring to a committee. Mr. Smith suggested that the Personnel Committee take this matter up. Mr. Santos also reported that the committee reviewed donations of recreation program registration to charitable organizations. He said the committee recommended the following policy: A limit of two donation slots per quarter, with a total of eight donations in a fiscal year, and a donation can only be used for camps that do not pay an instructor a percentage of the camp fee; donations are limited to Mount Pleasant charitable organizations, and are limited to one donation per organization per year. Mr. Santos moved for approval; seconded by Mr. Van Nort. All present were in favor. Mr. Santos informed Council that the Carealliance Women’s Tennis Tournament is now taking place at the Mugsy Kerr Tennis Complex. Also, a skateboard competition will be hosted by the department in conjunction with the Town Centre Block Party on Monday, June 18. Transportation Committee – Mayor Hallman This report will be made at the July 14, 2001 meeting. Economic Development Advisory Board – Mr. Fava Mr. Fava stated that Mr. Power has previously reported on the action item by the board. Waterworks Commission – Mr. Utsey Mr. Utsey stated that there will be a rate increase of 5% on water and sewer. A public hearing was held last week on their budget. ADMINISTRATOR’S REPORT No report. NEW BUSINESS – Council The first item was consideration of an Ordinance authorizing the creation of the Patriots Point Improvement District; providing for the financing of improvements within the Patriots Point Improvement District by assessment, issuance of bonds, or other revenues as herein described; providing for the publishing of this ordinance immediately after its adoption; ordering the preparation of an assessment roll and the publishing of a notice of completion of such assessment roll; authorizing reimbursement of expenses incurred prior to issuance of bonds; and other matters relating thereto (Ord. No. 01036). Mr. Power moved for approval; seconded by Mr. Van Nort. All present were in favor. Mr. Burdette read FIRST READING BY TITLE ONLY. The second item was consideration of an Ordinance to amend Mount Pleasant Code of Ordinances by amending Chapter 153 and adding Chapter 158, providing for the regulation, control and administration of excavation and construction on public property (right of ways) (Ord. No. 01037). Mr. Utsey moved for approval; seconded by Mr. Fava. Mr. Fava stated that this is a significant ordinance, and he commended the staff for developing this ordinance. All present were in favor. Mr. Burdette read FIRST READING BY TITLE ONLY. The third item was consideration of an Ordinance to amend Paragraph B of Section 35.02 of Chapter 35 of the Mount Pleasant Code of Ordinances pertaining to Municipal Court Judges (Ord. No. 01038). Mr. Fava moved for approval; seconded by Mr. Van Nort. Mr. Santos stated he disagrees with having term limits for judges, and that he feels there is a good system in place where they evaluate the judges. Mr. Santos opposed. All others present were in favor. Mr. Burdette read FIRST READING BY TITLE ONLY. The next item was the reappointment of municipal judges, which was taken care of under the Police, Legal & Judicial Committee. The fifth item was consideration of a Resolution to establish an average Fire Department response time of seven minutes to 70% of emergency calls (R.01062). Mr. Bustos moved for approval; seconded by Mrs. Stokes-Marshall. Mr. Power asked if previously that was a percentage policy. Mr. Bustos stated there was not, and Mr. Smith added that is one reason they recommended this resolution. All present were in favor. The sixth item was consideration of Appointments/Reappointments to Boards & Commissions. Mr. Fava moved for approval to appoint Mason Holland to the Economic Development Advisory Board; seconded by Mr. Utsey. All present were in favor. Mr. Bustos moved for approval to appoint Carol Kehl to the Historic Commission; seconded by Mr. Utsey. All present were in favor.

OLD BUSINESS – Council The first item was final reading of Ordinance to amend Chapter 90 of the Mount Pleasant Code of Ordinances, eliminating the licensing requirement for dogs and cats (Ord. No. 01031. Mr. Fava moved for final reading; seconded by Mr. Santos. All present were in favor. Mr. Burdette read FINAL READING BY TITLE ONLY.

The second item was final reading of Ordinance to amend Paragraphs F and G of Section 31.023, pertaining to the procedure for filling vacancies on boards and commissions (Ord. No. 01032). Mr. Fava moved for final reading; seconded by Mr. Santos. All present were in favor. Mr. Burdette read FINAL READING BY TITLE ONLY. There being no further business, the meeting adjourned at 8:15 p.m. Carol Hunter