Agenda Item. Issue under Consideration: Approval of Minutes Regular Council Session of January 27, 2009

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1 Agenda Item Item: 6b Issue under Consideration: Approval of Minutes Regular Council Session of January 27, 2009 Current Status: Pending Points to Consider: Financial Impact: Options: 1. Adoption of minutes as submitted. 2. Offer amendments Recommendations: Adoption of minutes as submitted Department: County Council

2 Georgetown County Council held a Regular Council Session on Tuesday,, at 5:30 PM in County Council Chambers located in the Georgetown County Courthouse, 129 Screven Street, Georgetown, South Carolina. Present: Austin Beard Johnny Morant Staff: Sel Hemingway Wesley P. Bryant Theresa E. Floyd Other staff members, members of the public, and representatives of the media were also present. In accordance with the Freedom of Information Act, a copy of the agenda was sent to newspapers, television, and radio stations, citizens of the County, Department Heads, and posted on the bulletin board located in the lobby of the Courthouse. Chairman Johnny Morant called the meeting to order. Councilman Ron Charlton gave the invocation, and all joined in the pledge of allegiance. APPROVAL OF AGENDA: The meeting agenda was amended as follows: a Resolution to amend the Georgetown County Personnel Policies and Procedures related to the Family Medical Leave Act was added to the agenda, as well as a property negotiation issue (Executive Session). Chairman Morant requested to be recused from discussion related to the property negotiation issue due to a conflict of interest. Councilman Charlton moved to approve the meeting agenda, as amended. Councilwoman Johnson seconded the motion. No discussion followed. PUBLIC COMMENTS: Steven Neeves Mr. Neeves spoke in opposition of the impact fee legislation County Council will consider later during the meeting (Ordinance # ). Richard Weston Mr. Weston spoke in opposition of development impact fees, noting that this new tax is financially irresponsible. Christopher Satcher Mr. Satcher signed up to comment, but declined to speak. 1

3 Sice Durling Ms. Durling spoke in opposition development impact fees. She read a written statement on behalf of herself and her husband, Wood Durling, and provided a copy to each member of County Council. Ms. Durling requested that the letter become part of the permanent record of this meeting. Ms. Durling s letter is hereby incorporated into the minutes of the meeting by reference. Joan Wiss Ms. Wiss signed up for public comment, but declined to speak. Holly Heniford Ms. Heniford spoke on behalf of the Horry-Georgetown Homebuilders Association in opposition of development impact fees. She asked County Council to table the Ordinance (# ) and allow representatives of the Association to come to the table to discuss the matter with County Council. Chuck Richardson Mr. Richardson spoke in opposition of development impact fees. He asked County Council to table the proposed Ordinance and come up with alternative options. Chip Lachicotte Mr. Lachicotte spoke in opposition of development impact fees. He stated that the timing is bad considering the state of the economy. He requested that County Council table the proposed Ordinance. George Blalock Mr. Blalock spoke in opposition of development impact fees. He stated that everyone is feeling the effect of the poor economy and asked County Council to table the ordinance. Robbie Buice Mr. Buice spoke in opposition of development impact fees. Timing is a critical factor here, and he asked County Council to consider whether there is something we can live without. Johnny Huggins Mr. Huggins spoke in opposition of development impact fees. He stated that he is a homebuilder by trade. The economy has already slowed work and if the implementation of these fees will cause more people to be out of work County Council should not consider it. Donald Smith Mr. Smith spoke in opposition of development impact fees. He said many people have the misunderstanding that the building industry and the development industry do not give back to the community, which is not true. They pay taxes. Patricia Schmidt Ms. Schmidt spoke in opposition to the request for additional access on Boyle Road (Ordinance # ). 2

4 Richard Smith Mr. Smith spoke in opposition of allowing additional access on Boyle Road as associated with the rezoning request represented by Ordinance # He provided Council members with copies of letters from area property owners who also oppose this request and asked County Council not to approve it. Rhea Carter Ms. Carter, a resident of North Litchfield, spoke in opposition of a request before County Council related to additional access on Boyle Road. She stated that the issue of commercial access onto Boyle Road has been an ongoing battle and a series of broken promises. Roy Bowers Mr. Bowers stated that he, as well as the other residents of North Litchfield, are in opposition of allowing additional access on Boyle Road. He asked County Council to deny the request. Dan Stacy Mr. Dan Stacy spoke on behalf of the property owner/applicant associated with the request for access to Boyle Road (ordinance # ). He said that the record is vague in relation to the history on this property. He stated that mandatory access is required onto Boyle Road, or the property is landlocked. Jack Scoville Mr. Scoville, attorney for the Litchfield Beach Property Owners Association, spoke against allowing the requested access on to Boyle Road. He stated that the new property owner should have been aware of the condition previously imposed on this property six years ago when County Council voted to deny access. He asked County Council to take action to deny this request. Lacy Kessler Mr. Keesler, a resident of North Litchfield, stated that he was in agreement with Mr. Scoville s comments, and he strongly opposed permitting the requested access on to Boyle Road. John Lammonds Mr. Lammonds spoke in opposition of development impact fees. MINUTES: Regular Council Session January 13, 2009 Councilman Oakley moved for approval of the minutes of the Regular Council Session of January 13, Councilwoman Miller seconded the motion. There was no discussion following the motion. PUBLIC HEARINGS: Ordinance # County Council held a public hearing on Ordinance # to amend the Future Land Use Map of the Comprehensive Plan to reflect proposed zoning for the northern area of the County. There were no public comments, and Chairman Morant ordered the public hearing closed. 3

5 Ordinance # A public hearing was held on Ordinance # to amend the Comprehensive Plan, Future Land Use Map to reflect proposed zoning for Sandy Island and surrounding areas. No member of the public came forward to speak, and Chairman Morant closed the public hearing. Ordinance # County Council held a public hearing on Ordinance # , to amend the Comprehensive Plan, Future Land Use Map, to redesignate a.99-acre parcel on the west side of North Fraser Street in Plantersville from Low Density Residential to Commercial. There were no public comments, and the public hearing was ordered closed by the Chairman. RESOLUTIONS: Resolution Amendment to Georgetown County Personnel Policies and Procedures Councilman Charlton moved for adoption of Resolution 09-01, to amend the Georgetown County Personnel Polices and Procedures regarding the Family Medical Leave Act. Councilman O Connell seconded the motion. Upon a call for discussion on the motion from the Chairman, there was none. ORDINANCES- Third Reading Ordinance # Councilman O Connell moved for third reading approval of Ordinance # , to amend the FY08/09 Budget for Georgetown County, South Carolina. Councilman Beard seconded the motion. Chairman Morant called for discussion. Councilman O Connell moved to amend the Ordinance to incorporate sections 6 and 7, as proposed by staff subsequent to second reading of the Ordinance. Councilman Beard offered a second to the motion. There was no further discussion. The vote on the main motion was as follows: Ordinance # Councilman Beard moved for third reading approval of Ordinance # to amend the Future Land Use Map of the Comprehensive Plan to reflect the proposed zoning for the northern area of the County. Councilman Charlton seconded the motion. Upon a call for discussion from the Chairman, none occurred. 4

6 Oordinance # Councilman Beard made a motion for third reading approval of Ordinance # , to amend the zoning map in order to zone properties in the northern portion of the County, including Pleasant Hill, Carvers Bay, Pee Dee, Deep Creek, and portions of St. Lukes, Choppee and Rose Hill. Councilman Charlton offered a second. Chairman Morant called for discussion on the motion. There was no discussion. Ordinance # A motion was made by Councilman Oakley, and seconded by Councilwoman Miller, for third reading approval of Ordinance # to amend the Comprehensive Plan, Future Land Use Map to reflect the proposed zoning for Sandy Island and surrounding areas. Upon a call for discussion from Chairman Morant, there was none. Ordinance # Councilman Oakley moved for third reading approval of Ordinance # , to zone Sandy Island and surrounding areas. Councilwoman Miller seconded the motion. Chairman Morant called for discussion. No discussion followed the motion. Ordinance # Councilman Charlton moved for third reading approval of Ordinance # , to amend the Comprehensive Plan, Future Land Use Map, to redesignate a.99-acre parcel located on the west side of North Fraser Street in Plantersville from Low Density Residential to Commercial. Councilman O Connell seconded the motion. No discussion followed the motion. 5

7 Ordinance # Councilman Charlton made a motion, seconded by Councilman O Connell, to grant third reading approval of Ordinance # to rezone approximately.99 acres on the west side of North Fraser Street in the Plantersville area from 10,000 Square Feet Residential (R-10) to General Commercial (GC). Chairman Morant called for discussion on the motion, and there was none. ORDINANCES-Second Reading Ordinance # Councilman Beard moved for second reading approval of Ordinance # , to amend the Future Land Use Map regarding properties in the southern area of the County, including Lambert Town, Oceda, parts of Sampit and land south of Andrews. Councilman O Connell seconded the motion. Upon a call for discussion from Chairman Morant, there was none. Ordinance # Councilman Charlton moved for second reading approval of Ordinance # , to amend the zoning map in order to zone properties in the southern area of the County including Lambert Town, Oceda, parts of Sampit, and land south of Andrews. Councilwoman Miller seconded the motion. Chairman Morant called for discussion on the motion. No discussion occurred. Ordinance # Councilman Oakley moved to deny approval of Ordinance # , an amendment to the Waccamaw Trace Commercial Planned Development to allow for additional access points. The motion was not seconded, and therefore failed. Councilman O Connell moved for second reading approval of Ordinance # Councilman Beard seconded the motion. Chairman Morant called for discussion. Councilman Oakley moved to amend Ordinance # to expressly state that approval for any access to Boyle Drive is contingent upon: the establishment of access to US Highway 17 simultaneously therewith, as shown on the illustration which is part of the record of this proceeding. The current requirements for setbacks along the entirety of US 17 in Georgetown County will be respected, i.e. no part of any structure will encroach within a 90 foot setback from US 17; for fire safety purposes, no part of any structure will encroach within a 25 foot setback from Boyle Drive; prior to approval of any construction, after consultation with the South Carolina Department of Transportation and the Waccamaw Regional Council of Governments traffic planner, the Georgetown County Planning Director shall determine whether a stacking 6

8 lane for east-bound left turning traffic on Boyle is advisable and, in his/her discretion, may then order that such a lane be installed at the sole expense of the subject property owner; the prior approval condition added by the Planning Commission, i.e. A site plan must be reviewed by the Planning Commission prior to any development, is expressly approved. Further, the Planning Commission shall hold a public hearing prior to review. This shall not be construed to modify any requirement if a major change is approved. Further, in connection with the Planning Commission s consideration of any requested approval, the Planning Director and/or the Planning Commission may require any TIS (Traffic Impact Study) deemed needed to assure that any proposed plan will not result in a failing LOS for Boyle Drive. There shall be full compliance with currently existing (at time of development) US 17 Access Standards including, but not in a way of limitation, provisions for interconnectivity to contiguous properties. The Clerk was requested to incorporate verbatim this amendment into the text of the subject Ordinance. Councilman O Connell seconded the motion. The vote on the main motion was as follows: In favor: Austin Beard Johnny Morant Opposed: Ordinance # Councilman Oakley moved for second reading approval of Ordinance # , an amendment to the South Bay Village Planned Development to increase the density by adding one parcel. Councilman O Connell offered a second to the motion. The Chairman called for discussion, and there was none. Ordinance # Prior to Council s discussion and vote on Ordinance # , the County s Legal Counsel on this matter, Tyson Smith, outlined various aspects of the ordinance and the impact fee adoption process. Comments were also made by Mr. Harry Miley, of the consulting firm Miley, Gallo & Associates. Councilman O Connell made a motion for second reading approval, seconded by Councilman Oakley, of Ordinance # titled, To Adopt a Growth-Related Capital Improvements Plan for Libraries, Law Enforcement, and Roads; Amending the Georgetown County Code by Adopting and Ordinance Relating to Development Impact Fees for Parks and Recreation, Libraries, Law Enforcement, and Road Facilities for Georgetown County; Providing for Severability and an Effective Date. Chairman Morant called for discussion on the motion. 7

9 Councilman O Connell noted that his motion for second reading approval of Ordinance # was with the understanding, pursuant to previous discussion, that staff would provide an additional report to address the impacts of delaying implementation of this Ordinance, a moratorium, and/or all other options available to the County regarding this issue. Councilman Charlton also requested that staff look into existing fees to see if there are any that could be reduced. He voiced concern over the current economy and said he would like to see County Administration look into possible incentives for new home builders. He said he was not in favor of the impact fee/tax, and would vote to oppose it. Lillie Jean Johnson Glen O Connell Opposed: Ordinance # Councilman Beard moved for second reading approval of Ordinance # , an amendment to the Comprehensive Plan, Future Land Use Map to reflect three parcels, totaling approximately 1.94 acres on the west side of North Fraser Street, as transitional. Councilman Oakley seconded the motion. There was no discussion following the motion. Ordinance # Councilman O Connell moved for second reading approval of Ordinance # , an Ordinance Authorizing the Issuance and Sale of General Obligation Bond Anticipation Notes of Georgetown County, South Carolina, Series 2009, or such other appropriate Series Designation, in the Principal Amount of Not Exceeding $11,000,000; Fixing the Form and Details of the Notes; Authorizing the County Administrator to Determine Certain Matters Relating to the Notes; Providing for the Payment of the Notes and the Disposition of the Proceeds thereof; and other matters relating thereto. Councilman Beard seconded the motion. Chairman Morant called for discussion on the motion. Councilman O Connell moved to incorporate proposed text, as the Ordinance was introduced at first reading by title only. Councilman Beard seconded the amended motion. No further discussion occurred. The vote on the main motion was as follows: 8

10 ORDINANCES-First Reading The following Ordinance was presented for first reading approval by title only: Ordinance # To establish Operational Procedures for the Carroll Ashmore Campbell Marine Complex. BIDS: Bid #08-087, Retrofit County Emergency Shelters Against Hurricane Force Winds Councilman Beard moved to award Bid #08-087, retrofit of three (3) county emergency shelters to protect against hurricane force winds to Storefront Security Closures at a cost of $237,783. Councilman Charlton seconded the motion. There was no discussion on the motion. RFP # Food Service for County Detention Center A motion was made by Councilman Charlton, and seconded by Councilwoman Johnson, to award a contract to Aramark Correctional Services to provide food service at the Georgetown County detention center at an annual cost of $304, Chairman Morant called for discussion on the motion, and there was none. REPORTS TO COUNCIL: County Council Standing Committees County Council Chairman, Johnny Morant, named the following members of County Council to serve on the standing committees of Georgetown County Council: Administration & Finance Committee (Committee Chairperson) Lillie Jean Johnson Glen O Connell Austin Beard Ron Charlton Johnny Morant 9

11 Health, Education & Leisure Committee Austin Beard (Committee Chairperson) Lillie Jean Johnson Johnny Morant Justice & Safety Committee Ron Charlton (Committee Chairperson) Austin Beard Public Works Committee Lillie Jean Johnson (Committee Chairperson) Austin Beard Glen O Connell Land Use & Tourism Committee Glen O Connell (Committee Chairperson) Lillie Jean Johnson Ron Charlton Transportation Ad Hoc Committee (Committee Chairperson) Glen O Connell Johnny Morant Consolidation of Fleet Fuel Purchases Councilman Oakley moved to approve staff s recommendation to consolidate fuel purchases under State Fleet Fuel Card and discontinue fuel cards from Exxon Mobil. Councilwoman Johnson seconded the motion. No discussion followed. Capital Improvement Plan Update Report County Administrator, Sel Hemingway, provided an update report on the Capital Improvement Plan including: revenue, transportation, recreation, economic development, community enhancement, facilities (judicial center), and the community park development project. He stated that it was his goal to provide monthly update reports. \ 10

12 DEFERRED ISSUES: The following issues were deferred: Ordinance # Ordinance # , to rezone 1.94 acres on the west side of North Fraser Street across from Jena Court from Residential One Half Acre (R-1/2 acre) to Neighborhood Commercial (NC), was deferred. Ordinance # Ordinance # , an amendment to Georgetown County Access Management Regulations to apply these standards to US Highway 701 and US Highway 521 Corridors, was previously remanded back to the Planning Commission for further study, and therefore County Council deferred action. Ordinance # Ordinance # , an amendment to the Comprehensive Plan, Future Land Use Map, for a 4.4 acre parcel at 7113 South Island Road, was deferred. Ordinance # Ordinance # , a rezoning request for a 4.4 acre parcel at 7113 South Island Road, was deferred. Ordinance # County Council deferred action on Ordinance # , to amend Ordinance # establishing a Uniform Service Charge for Motorized Vehicle Users of Roads within Georgetown County, South Carolina. Ordinance # No action was taken on Ordinance # , to amend the Comprehensive Plan, Future Land Use Map, South Waccamaw Neck to designate three parcels at the terminus of Center Marsh Drive in Pawleys Island as High Density Residential. Ordinance # No action was taken in regards to Ordinance # , an amendment to the Pawleys Island Business Center PlannedDevelopment to rezone a portion of TMS# from Conservation Preservation (CP) to Planned Development and to change a portion of Phase 2 from Commercial to eight townhouse units at the terminus of Center Marsh Lane. LEGAL BRIEFING/EXECUTIVE SESSION: Prior to the motion to move into Executive Session, Chairman Morant noted for the record that he would be recused from any and all discussion related to Report 18c, a property negotiation matter. A motion was made by Councilman Charlton, and seconded by Councilman Beard, to move into Executive Session in order to discuss three contractual matters. Chairman Morant called for discussion, and there was none. 11

13 County Council moved into Executive Session at 8:56 PM. OPEN SESSION: As Open Session resumed at 9:39 PM, Chairman Johnny Morant announced that while in Executive Session, County Council discussed three issues as previously stated. Chairman Morant also noted that pursuant to his earlier disclosure and previous request to be recused from participation in a property negotiation matter identified on the meeting agenda as Report 18c, that Vice Chairman, had presided over that portion of the discussion. Chairman Morant also stated that during Executive Session, no votes or action was taken by County Council on any of the maters discussed. Chairman Morant called for any further business to come before County Council. Councilman Oakley moved to authorize and direct staff to enter into a property purchase/sale agreement between Georgetown County (buyer) and Old Kings Highway LLC (seller) for 4 or 5 parcels comprised of approximately 38 acres in the Litchfield Country Club area for a cost not to exceed four million dollars and take whatever action necessary to implement the agreement. Councilman O Connell seconded the motion. No discussion followed. Being no further business to come before County Council, Councilman Ron Charlton moved to adjourn the meeting at 9:40 PM. Date Approved Clerk to Council 12