BERKELEY COUNTY GOVERNMENT

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COUNTY COUNCIL

MINUTES ● FEBRUARY 25, 2019 REGULAR MEETING

Administration Building - Assembly Room 6:11 PM

1003 HIGHWAY 52

MONCKS CORNER, SC 29461 CALL TO ORDER

During periods of discussion and/or presentations, minutes are condensed and paraphrased. Video coverage of the full meeting is available on the Berkeley County Government website.

Chairman Johnny Cribb called the meeting to order.

In accordance with the Freedom of Information Act, the electronic and print media were duly notified.

Attendee Name Title Status Arrived

Johnny Cribb Council Chairman Present

Jack H. Schurlknight District 6 Present

Kevin Cox District 1 Present

Joshua Whitley Vice Chairman Present

Tommy Newell District 4 Present

Brandon Cox District 5 Present

Caldwell Pinckney District 7 Excused

Steve Davis District 8 Present 6:59 PM

APPROVAL OF MINUTES

Chairman Cribb asked for approval of the minutes from the Special Council Meeting held on January 10, 2019, and the Executive Sessions, Public Hearings, and the Regular Council Meeting held on January 28, 2019.

1. County Council - Re-Organizational Meeting - Jan 10, 2019 6:00 PM

It was moved by Council Member Schurlknight and seconded by Council Member Newell to approve the minutes, as presented. The motion passed by unanimous voice vote of Council.

RESULT: ACCEPTED [UNANIMOUS] MOVER: Jack H. Schurlknight, District 6

SECONDER: Tommy Newell, District 4

AYES: Johnny Cribb, Jack H. Schurlknight, Kevin Cox, Joshua Whitley, Tommy Newell, Brandon Cox

EXCUSED: Caldwell Pinckney, Steve Davis

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3. County Council - Public Hearing - Jan 28, 2019 6:01 PM

4. County Council - Regular Meeting - Jan 28, 2019 6:02 PM

PUBLIC DISCUSSION

1. Requests to be heard must be made prior to the Call to Order. [Comments on any Public Discussion items will be limited to four (4) minutes per speaker. A total of 30 minutes will be allotted for this Public Discussion period.]

Chairman Cribb explained the rules for addressing Council during Public Discussion.

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Mr. Carl Johnson, who resides at 6220 Murray Drive in Hanahan, addressed Council in opposition to Bill No. 19-01.

Ms. Sybil Mitchell, who resides at 1078 Baldwin Corner Road in Huger, addressed Council in opposition to Bill No. 19-01.

Mr. Edward Beaufort-Cutner, II, who resides at 3896 Highway 41 in Huger, addressed Council in opposition to Bill No. 19-01.

Ms. Paula Forbes, who resides at 844 Laura in Huger, addressed Council in opposition to Bill No. 19-01.

REPORTS FROM STANDING COMMITTEES 1. Committee on Finance

Chairman Joshua S. Whitley, District No. 2

Chairman Whitley stated that the Committee on Finance met earlier this evening. a. Abandon Drainage Easements at Railroad Crossings on TMS

#042-00-01-035 and TMS #042-00-03-040

Presenter - John O. Williams

On recommendation of the Committee, Chairman Whitley moved to approve the Abandonment of the Drainage Easements at Railroad Crossings on TMS #042-00-01-035 and TMS #042-00-03-040. The motion passed by unanimous voice vote of Council.

RESULT: APPROVED [UNANIMOUS] MOVER: Joshua Whitley, Vice Chairman

AYES: Johnny Cribb, Jack H. Schurlknight, Kevin Cox, Joshua Whitley, Tommy Newell, Brandon Cox, Steve Davis

EXCUSED: Caldwell Pinckney

b. FY2019 Fire Department Audits

Presenter - D. Allen Milburn, Finance Director

On recommendation of the Committee, Chairman Whitley moved to approve the Selection of the Huger and Cross Fire Rural Volunteer Fire Departments for the FY2019 Fire Department Audits. The motion passed by unanimous voice vote of Council.

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c. Establish budget for new Cane Bay Library

Presenter - D. Allen Milburn, Finance Director

On recommendation of the Committee, Chairman Whitley moved to approve the Budget Funding for the New Cane Bay Library, with $154,206.38 to be Budgeted from Capital Improvement Funds and $41,423.57 to be Budgeted from the I.T. Budget General Operating Funds, as well as the Corresponding Transfer in I.T. General Operating Funds between Appropriate Object Codes. The motion passed by unanimous voice vote of Council.

d. Authorize Property Acquisition Adjacent to County Facility

Presenter - Les Blankenship

On recommendation of the Committee, Chairman Whitley moved to approve the Authorization for Property Acquisition Adjacent to a County Facility, for an amount as discussed in Executive Session. The motion passed by unanimous voice vote of Council.

(That concluded Chairman Whitley’s report.) RESULT: APPROVED [UNANIMOUS]

MOVER: Joshua Whitley, Vice Chairman

2. Committee on Land Use

Chairman Tommy Newell, District No. 4

Chairman Newell stated that the Committee on Land Use met on February 11, 2019, and all items on the agenda have been addressed.

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(That concluded Chairman Newell’s report.) 3. Committee on Admistrative Services

Chairman Brandon Cox, District No. 3

Chairman B. Cox stated that there was no report. 4. Committee on Justice and Public Safety

Chairman Jack Schurlknight, District No. 6

Chairman Schurlknight stated that the Committee on Justice and Public Safety met on February 11, 2019.

a. Thank you Recognition for Berkeley County Communications from Florence County

Chairman Schurlknight stated 3 members of Berkeley County Communications received plaques from the Florence County Sheriff’s Department in recognition for their assistance with relief dispatching when two Florence County Sheriff Officers were killed in the line of duty in October 2018.

RESULT: INFORMATION ONLY

b. Palmetto Pride Grant Sheriff's Office

On recommendation of the Committee, Chairman Schurlknight moved to approve for the Sheriff’s Office to Accept the Grant Check from Palmetto Pride, in the amount of $11,281. The motion passed by unanimous voice vote of Council.

RESULT: APPROVED [UNANIMOUS] MOVER: Jack H. Schurlknight, District 6

c. Request to Open 2 Bank Accounts under Berkeley County Clerk of Court for the upcoming PACSS Child Support System.

On recommendation of the Committee, Chairman Schurlknight moved to approve the Clerk of Court’s Request to Open 2 Bank Accounts for the upcoming PACSS Child Support System. The motion passed by unanimous voice vote of Council.

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d. Refurbished P25 Radios for Fire & General Use by Berkeley County

On recommendation of the Committee, Chairman Schurlknight moved to approve the Sole-Source Purchase of 250 Refurbished P25 Radios, to be used by Volunteer Fire Departments and County Staff in Emergency Conditions, in the amount of $172,050, to be paid for out of Communication Bond Funds. The motion passed by unanimous voice vote of Council.

(That concluded Chairman Schurlknight’s report.) RESULT: APPROVED [UNANIMOUS]

MOVER: Jack H. Schurlknight, District 6

5. Committee on Public Utilities Chairman Kevin Cox, District No. 1

Chairman K. Cox stated that the Committee on Public Utilities met on February 11, 2019.

a. FY17 Pump Station Rehabilitation Contract Amendment

On recommendation of the Committee, Chairman K. Cox moved to approve the Proposed FY17 Pump Station Rehabilitation Contract Amendment, in the amount of $63,325. The motion passed by unanimous voice vote of Council.

RESULT: APPROVED [UNANIMOUS] MOVER: Kevin Cox, District 1

b. PS002 Replacement Contract Amendment

On recommendation of the Committee, Chairman K. Cox moved to approve the Proposed Pump Station 002 Replacement Contract Amendment, in the amount of $106,800. The motion passed by unanimous voice vote of Council.

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RESULT: APPROVED [UNANIMOUS] MOVER: Kevin Cox, District 1

c. Update on Landfill Problem

Council Member K. Cox stated that Mr. Doug Smits, BCWS Executive Director, provided an update on recent developments at the Landfill, in an effort to mitigate the odor problem, and no action was taken.

(That concluded Chairman K. Cox’s report.) RESULT: INFORMATION ONLY

6. Committee on Auxiliary Services Chairman, District No. 3, Vacant

Acting Chairman Whitley stated that there was no report. 7. Committee on Operations

Chairman Caldwell Pinckney, District No. 7

Acting Chairman Whitley stated that the Committee on Operations met on February 11, 2019.

a. Capital Purchase Change Request to Purchase a Crew Cab Pick-Up Truck, instead of a Side-Arm Cutter Attachment

On recommendation of the Committee, Chairman Whitley moved to approve the Capital Purchase Change Request to Purchase a Crew Cab Pick-Up Truck, instead of a Side-Arm Cutter Attachment, in the amount of $66,609. The motion passed by unanimous voice vote of Council.

b. US 176 / Nexton Parkway Intersection RFP #35054-01-18/19

On recommendation of the Committee, Chairman Whitley moved to approve Awarding a Construction Contract for US 176 / Nexton Parkway Intersection

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RFP #35054-01-18/19 to Landmark Construction Company, Inc., in the amount of $3,073,838.10. The motion passed by unanimous voice vote of Council.

c. Daniel Island Drive / Seven Farms Drive Roundabout RFP #36003-01-18/19 On recommendation of the Committee, Chairman Whitley moved to approve Awarding a Construction Contract for Daniel Island Drive / Seven Farms Drive Roundabout RFP #36003-01-18/19 to Palmetto Sitework Services, LLC, in the amount of $1,765,377.05. The motion passed by unanimous voice vote of Council.

d. Volvo Project - Exit 187 Interchange Improvements

On recommendation of the Committee, Chairman Whitley moved to approve the Change Order for the Volvo Project - Exit 187 Interchange Improvements, in the amount of $83,372, which is Funded by the SC Department of Commerce. The motion passed by unanimous voice vote of Council.

8. Committee on Community Services Chairman Steve C. Davis, District No. 8

Chairman Davis stated that there was no report. SECOND READING

1. BILL NO. 19-01, AN ORDINANCE TO MODIFY THE OFFICIAL ZONING AND DEVELOPMENT STANDARDS MAPS OF BERKELEY COUNTY, SOUTH CAROLINA, IN REGARD TO BLESSING INVESTMENTS, LLC TMS #248-00-03-114 (+/- 47.54 ACRES), LOCATED ON HIGHWAY 41 AND CHARITY

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CHURCH ROAD, IN THE HUGER COMMUNITY, SC; FROM R-2, MANUFACTURED RESIDENTIAL DISTRICT TO FLEX-1, AGRICULTURAL DISTRICT IN COUNCIL DISTRICT 8.

It was moved by Council Member Davis and seconded by Council Member B. Cox to deny Second Reading, Bill No. 19-01. The motion to denyfailed by a majority voice vote of Council. A roll call of votes resulted in the following: Council Members K. Cox, Whitley, Newell, Schurlknight, voted Nay. Council Members B. Cox and Davis voted Aye.

Council Member Schurlknight inquired as to DHEC’s requirements regarding a mine. He stated that his understanding is that when a mining company has completed its permitted, the company has to go back and grade and slope the mines, which essentially turns it into a lake. He stated that he also understands that the company has to put up a Bond guaranteeing that this will take place. He inquired as to if he was correct.

Ms. Alison Simmons, Planning and Zoning Director, replied to the affirmative. She stated that she is not familiar with the minutiae of their requirements.

Council Member Schurlknight inquired as to if the current mining company does any blasting in the extraction of the sand.

Ms. Simmons stated that it is her understanding that blasting is not required for mining sand.

Council Member Schurlknight stated that the mining company is just using an excavator to go in and dig the sand and put it on trucks. He stated that he has heard reports from residents in that area that their cabinets and pictures are falling off of their walls with all of the disruption going on out there. He stated that he would like to know if that is going on. He stated that one of his concerns is safe water in that area, and he inquired as to the depth of the mine.

Ms. Simmons stated the mine that was previously proposed for the adjoining properties - not the property that is requesting to be rezoned - was at 30 feet.

Council Member Schurlknight stated that you would need a deep well to get safe drinking water, and he inquired as to if he was correct.

Ms. Simmons stated that it is her understanding that DHEC has requirements for permitted wells to be a certain depth, which varies based on hydrology.

Council Member Schurlknight stated that he would venture to say that depth would be 200-250 feet, and he is not sure how a 30-foot sandpit is going to affect water, but we need to have some safeguards with that. He inquired if there would be a 500-foot buffer.

Ms. Simmons stated that a 500-foot setback is required from adjoining residences for proposed pits that exceed the 5-acre or 20-foot in depth threshold. She stated that the property, for which the pit was previously proposed, is 141 acres. She stated that the

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property that is being pursued for down-zoning to Flex-1 adjoins those properties, and the intent of the rezoning was to establish access to the adjoining 141 acres that are presently zoned Flex-1, for which a mine was previously proposed and denied by the Board of Zoning Appeals in January of last year.

Council Member Schurlknight inquired as to how large that mine was going to be within that 141 acres.

Ms. Simmons stated that it was roughly 32 acres.

Council Member Schurlknight stated that his biggest concern is safe drinking water. He stated that the mine that was off of Highway 17A, part of Cane Bay subdivision, was landscaped back after it was complete. He stated that it created some waterfront property, and some nice homes have been built around it. He stated that there is a lot of road construction going on, and he feels the residents’ pain with regard to that. He stated that you cannot go anywhere in Berkeley County to find the material that meets the compaction rates, so the mining companies have to go where the minerals are. He stated that he would hate for this Council to set a bad precedent, because he thinks that we are going to have more permits coming in for mining, and he stated that we have to have those resources - a railroad has to be built coming out of Volvo, and other projects require those resources. He stated that he has not heard from DonMar, the owners of the pit.

Council Member Davis stated that the Huger community does not have the only dirt that exists for road construction. He stated Ms. Simmons does not have any special knowledge beyond what our zoning laws put forth.

Ms. Simmons stated that this down-zoning, if approved, would not authorize mining activities on the adjoining 141 acres, where mining activities were previously proposed. She stated that Flex-1 zoning is the predominant zoning designation in the rural areas of the County.

Council Member K. Cox stated that the mine that was once at Trophy Lakes, off of Montague Avenue, has since been a driving range, a fishing pond, and a scuba-diving instruction pond. He stated that condos have now been built there, and they are worth hundreds of thousands of dollars there. He stated that his concern was clean water, and he believes that has been addressed.

It was moved by Council Member Schurlknight and seconded by Council Member Newell to approve Second Reading, Bill No. 19-01. The motion passed by a majority voice vote of Council. Council Member Davis voted Nay.

12/13/18 Planning Commission RECOMMENDATION OF DENIAL 01/14/19 Land Use Committee APPROVED AND REFERRED 01/28/19 County Council REFERRED

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RESULT: APPROVED AND REFERRED [6 TO 1] Next: 4/8/2019 6:00 PM MOVER: Jack H. Schurlknight, District 6

NAYS: Steve Davis

2. BILL NO. 19-02, AN ORDINANCE TO MODIFY THE OFFICIAL ZONING AND DEVELOPMENT STANDARDS MAPS OF BERKELEY COUNTY, SOUTH CAROLINA, IN REGARD TO BOB GLOVER ON BEHALF OF JAMES R. SMITH FOR A +/- 0.38-ACRE PORTION OF TMS #222-13-06-044, LOCATED ON NORTH MAIN STREET, IN THE VICINITY OF SUMMERVILLE SC; FROM R-1, SINGLE FAMILY RESIDENTIAL DISTRICT TO GC, GENERAL COMMERCIAL DISTRICT IN COUNCIL DISTRICT 4.

It was moved by Council Member Newell and seconded by Council Member Whitley to approve Second Reading, Bill No. 19-02. The motion passed by a unanimous voice vote of Council.

12/13/18 Planning Commission RECOMMENDATION OF APPROVAL 01/14/19 Land Use Committee APPROVED AND REFERRED

01/28/19 County Council REFERRED

02/11/19 Land Use Committee APPROVED AND REFERRED

RESULT: APPROVED AND REFERRED [UNANIMOUS] Next: 3/11/2019 6:01 PM MOVER: Tommy Newell, District 4

SECONDER: Joshua Whitley, Vice Chairman

3. BILL NO. 19-03, AN ORDINANCE TO MODIFY THE OFFICIAL ZONING AND DEVELOPMENT STANDARDS MAPS OF BERKELEY COUNTY, SOUTH CAROLINA, IN REGARD TO BOB GLOVER ON BEHALF OF JOANN HUFF FOR A +/- 1.20-ACRE PORTION OF TMS #222-13-06-045, LOCATED ON NORTH MAIN STREET IN THE VICINITY OF SUMMERVILLE, SC; FROM R-1, SINGLE FAMILY RESIDENTIAL DISTRICT TO GC, GENERAL COMMERCIAL DISTRICT IN COUNCIL DISTRICT 4.

It was moved by Council Member Newell and seconded by Council Member Whitley to approve Second Reading, Bill No. 19-03. The motion passed by a unanimous voice vote of Council.

12/13/18 Planning Commission RECOMMENDATION OF APPROVAL 01/14/19 Land Use Committee APPROVED AND REFERRED

01/28/19 County Council REFERRED

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4. BILL NO. 19-04, AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE AGREEMENT GOVERNING THE JOINT COUNTY INDUSTRIAL PARK BY AND BETWEEN WILLIAMSBURG COUNTY, SOUTH CAROLINA AND BERKELEY COUNTY, SOUTH CAROLINA, TO AUTHORIZE THE EXPANSION OF THE BOUNDARIES OF THE PARK AND OTHER MATTERS RELATED THERETO.

It was moved by Council Member Newell and seconded by Council Member K. Cox to approve Second Reading, Bill No. 19-04. The motion passed by a unanimous voice vote of Council.

01/28/19 Finance Committee APPROVED AND REFERRED 01/28/19 County Council REFERRED

02/25/19 Finance Committee APPROVED AND REFERRED

SECONDER: Kevin Cox, District 1

FIRST READING

Bills for First Reading are not discussed or voted upon. The bills are read into the record by title only and, thereafter, sent to the proper Committee for further consideration.

1. BILL NO. 19-05, AN ORDINANCE TO MODIFY THE OFFICIAL ZONING AND DEVELOPMENT STANDARDS MAPS OF BERKELEY COUNTY, SOUTH CAROLINA, IN REGARD TO HARVEY & ELIZABETH FORT FOR TMS #263-00-03-045 (+/-1.15 ACRES), LOCATED ON CLEMENTS FERRY ROAD, IN THE WANDO COMMUNITY, SC; FROM R-2, MANUFACTURED RESIDENTIAL DISTRICT TO GC, GENERAL COMMERCIAL DISTRICT IN COUNCIL DISTRICT 2.

10/23/18 Planning Commission DEFERRED BY THE APPLICANT Next: 11/27/18

01/22/19 Planning Commission APPROVAL RECOMMENDED BY PC 02/11/19 Land Use Committee APPROVED AND REFERRED

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RESULT: REFERRED Next: 3/11/2019 6:01 PM

RESOLUTIONS

1. Resolution for SRF funding for Mt Holly Commerce Park Improvements

It was moved by Council Member Newell and seconded by Council Member Whitley to approve a Resolution for SRF funding for Mt. Holly Commerce Park Improvements. The motion passed by unanimous voice vote of Council.

RESULT: APPROVED [UNANIMOUS] MOVER: Tommy Newell, District 4

2. Resolution for SRF funding for Pump Station 2 Replacement Project

It was moved by Council Member Schurlknight and seconded by Council Member Newell to approve a Resolution for SRF funding for Pump Station 2 Replacement Project. The motion passed by unanimous voice vote of Council.

3. Resolution for SRF Funding for Ductile Iron Force Main Replacement Program It was moved by Council Member Schurlknight and seconded by Council Member Newell to approve a Resolution for SRF funding for Ductile Iron Force Main Replacement Program. The motion passed by unanimous voice vote of Council.

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It was moved by Council Member Newell and seconded by Council Member Schurlknight to approve a Resolution for SRF funding for Central Berkeley WWTP Upgrade. The motion passed by unanimous voice vote of Council.

SECONDER: Jack H. Schurlknight, District 6

5. Resolution for SRF funding for Pump Station 1 Force Main Replacement

It was moved by Council Member Newell and seconded by Council Member Schurlknight to approve a Resolution for SRF funding for Pump Station 1 Force Main Replacement. The motion passed by unanimous voice vote of Council.

SECONDER: Jack H. Schurlknight, District 6

PROCLAMATION

1. Honoring the Life of Wayland E. Moody, Sr.

Presenter - Councilman Jack Shurlknight

It was moved by Council Member Schurlknight and seconded by Council Member Newell to approve a Proclamation Honoring the Life of Wayland E. Moody, Sr. The motion passed by unanimous voice vote of Council.

RESULT: READ AND ADOPTED [UNANIMOUS] MOVER: Jack H. Schurlknight, District 6

NOMINATIONS FOR MEMBERSHIP ON BOARDS AND COMMISSIONS 1. Vacant / Expired Seats

Council Member Schurlknight nominated Mr. Terry Blackwell to the Planning Commission, effective April 1, 2019. He stated that he will be replacing Mr. Mark Carter, who is retiring and relocating.

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Council Member Newell nominated Mr. Mike May for appointment to the Sangaree Special Tax District Advisory Board; Ms. Ann Birch for reappointment to the Sangaree Special Tax District; Mr. James Sineath for reappointment to the Aeronautics Commission and to the Planning Commission; Mr. Bruce Gonzalez for reappointment to the Board of Zoning Appeals; and Mr. William Adams for reappointment to the Construction Board of Adjustments and Appeals.

On behalf of Council Member Pinckney, Council Member Whitley nominated Mr. Roger Gourdine for reappointment to the Aeronautics Commission; Mr. Frederick Washington for reappointment to the Construction Board of Adjustments and Appeals; Ms. Lynn Hoover for reappointment to the Planning Commission; and Mr. Harold Jefferson for reappointment to the Board of Zoning Appeals.

Council Member B. Cox nominated Mr. Tim Baldwin and Ms. Lynn Greer for appointment to the Goose Creek Recreation Commission; and Mr. Jeffery Reuer for reappointment to the Goose Creek Recreation Commission.

Council Member Davis stated that he would like to nominate all of his appointees, whose terms have expired, for reappointment to their respective Boards.

It was moved by Council Member Davis and seconded by Council Member Newell to approve the Appointments and Reappointments as Outlined Above. The motion passed by a unanimous voice vote of Council.

ANNOUNCEMENTS

1. The March 2019 Regular Meeting of Berkeley County Council will be held on Monday, March 25, 2019, immediately following Public Hearings and any scheduled Committee Meetings at 6:00 pm, in the Assembly Room of the Berkeley County Administration Building, 1003 Highway 52, Moncks Corner, SC.

ADJOURNMENT

It was moved by Council Member Newell to adjourn the Regular Meeting of County Council. The motion passed by unanimous voice vote of Council.