CITY OF NORTH MYRTLE BEACH, SOUTH CAROLINA NORTH MYRTLE BEACH CITY HALL CITY COUNCIL MEETING Monday, February 6, 2012

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1 CITY OF NORTH MYRTLE BEACH, SOUTH CAROLINA NORTH MYRTLE BEACH CITY HALL CITY COUNCIL MEETING Monday, February 6, 2012 Executive Session 6:00 p.m. Motion to go into session made by Councilman Cavanaugh and seconded by Councilman White. Vote 7-0. Annual evaluation of Blake Martin, City Judge; Discussion of a real estate matter; Legal briefing concerning Bailey vs. City of North Myrtle Beach. The Executive Session adjourned at 6:58 p.m. No votes were taken. 7:00 pm Meeting Minutes City Council City Manager City Attorney City Clerk Marilyn Hatley, Mayor Hank Thomas Greg Duckworth JO Baldwin Terry White Bob Cavanaugh Fred Coyne Mike Mahaney Chris Noury Merideth Smith 1. CALL TO ORDER: A. Mayor Hatley called the meeting to order at 7:00 p.m. The clerk then called the roll. A quorum was established. B. Reverend Stan Fields delivered the invocation. C. Mayor Hatley led the Pledge of Allegiance. 2. MINUTES: The Mayor called for a motion to approve the minutes of January 23, Councilman Baldwin made the motion to approve and Councilman Thomas seconded the motion. The motion to approve passed COMMUNICATIONS: A. Monthly Reports: Reports are online at for all departments. There were no questions for Department Heads concerning their reports.

2 4. ANNOUNCEMENTS BY MAYOR AND CITY COUNCIL: Mayor Hatley recognized Mike Bessent of Solid Waste Authority. Mr. Bessent related information concerning House Bill 4721 and Senate bill 514 concerning Flow Control. He asked the Council to consider a Resolution to oppose these bills. Mayor Hatley stated that she strongly opposed these bills as they would increase the rates for landfills and would cause a tax increase to cover the cost of services provided by the Authority. Mayor Hatley made a motion to add a Resolution to New Business. Councilman Cavanaugh seconded the motion. Vote CONSENT AGENDA: MOTION: Motion to reappoint members to the Recreation Commission. The City manager read the motion by title. Members for reappointment were: Joe Latagano, Greg Drummond, Bubba Collins, Ed Horton, and Buzzy Smith. Mayor Hatley called for a motion. The motion to approve Consent was made by Councilman White and seconded by Councilman Cavanaugh. The motion to approve passed OLD BUSINESS: A. ORDINANCE/SECOND READING: An Ordinance to regulate smoking in public places, places of employment and certain outside facilities. The City Manager gave the background and read the Ordinance by title. Mayor Hatley called for a motion. The motion to approve was made by Councilman Thomas and seconded by Councilman Duckworth. Mayor Hatley opened the floor for discussion by Council. Councilman Duckworth stated that he wanted to make a statement. He feels that even though there has been controversy surrounding this Ordinance that staff and the Council have worked as a team. He feels that common sense has been applied to this issue. Councilman Cavanaugh stated that he agrees. This has been a hard issue. He stated that in his 11 years on Council there has never been a 4-3 vote. The Mayor stated that she personally feels that after studying information concerning E cigarettes that the restriction of E cigarettes should be removed from the Ordinance.

3 Councilman Thomas agrees. He amended his motion to approve the Ordinance but remove the restriction applying to E cigarettes. Councilman Duckworth seconded the amendment. Public Comment: Dick Whittington stated that he has been told that the Ordinance implemented by Florence has been good for the City. Michael Dunnagan thanked the Council for their time and work on this Ordinance. Susan Trexler stated that she still feels that this issue should be decided by referendum. Hugh Gassaway stated that he has spoken against this Ordinance before. He feels that the economics impact will be detrimental for the city. Tricia Fowler stated that she feels that the same businesses that have been hurt by the Bike Week issues will be further damaged. Kathy Dukes stated that for information that there are only 12 states that do not have smoking ordinances and SC is one of them. Don Kenny stated that he had moved to the area a year ago and was pleased because of more civil right in SC. He supports Councilman Cavanaugh s proposal that businesses should display a sign. Dr. Pennings thanked the Council for their hard work on this issue. Bill Ogden thanked the council for removing E cigarettes from the Ordinance. Connie Bridges still objected to the paid lobbyist that have worked on this issue. Mayor Hatley closed public comment and called for the vote. The vote was: Yea Hatley Coyne, Thomas Baldwin Nay Cavanaugh, White, Duckworth The motion to approve passed 4-3. B. ORDINANCE/SECOND READING: A Zoning Text Amendment to reduce swimming pool setbacks in the R-1, R1A, R-2, R-2A and R-3 districts. The City Manager gave the background and read the Ordinance by title.

4 AN ORDINANCE OF THE CITY OF NORTH MYRTLE EBACH PROVIDING THAT THE CODE OF ORDINANCES, CITY OF NORTH MYRTLE EBACH, SOUTH CAROLINA BE AMEND BY REVISING SECTION OF SAID CODE. The Mayor called for a motion. The motion to approve was made by Councilman Baldwin and seconded by Councilman Cavanaugh. There was no public comment and the Mayor called for the vote. The motion to approve passed NEW BUSINESS: A. RESOLUTION: Resolution of North Myrtle Beach City Council in opposition to House Bill #4721 and Senate Bill #514 and request that both Bills be pulled from further consideration by the South Carolina House of Representatives and the South Carolina Senate. Mayor Hatley called for a motion to approve the Resolution. The motion was made by Councilman Cavanaugh and seconded by Councilman Duckworth. There was no public comment and Mayor Hatley called for the vote. The motion to approve the Resolution passed PUBLIC COMMENT: Joe Piesca thanked the City Council for removing E cigarettes from the Ordinance. Karen Welds thanked the Council for passing the Smoking Ordinance Betty Medlock thanked the City Council for their vote on the previous Resolution. She stated that she worked on a task force several years ago for Solid Waste Authority and she is very opposed to the proposed legislation of flow control. Carlyle Brandon stated that he was also opposed to flow control and wanted to know who proposed the change. He was told that Reps Hardwick, Barfield and Clemmons proposed the bill. There was no further public comment and Mayor Hatley called for a motion to adjourn. The motion was made by Councilman White and seconded by Councilman Cavanaugh. Motion approved 7-0.

5 9. ADJOURNMENT: The meeting adjourned at 7:41 p.m. Respectfully submitted, Merideth J. Smith, City Clerk Minutes approved and adopted this 20TH day of February, 2012 MARILYN HATLEY, MAYOR SUMMARY MINUTES OF CITY COUNCIL MEETING. Audiotapes of the meeting are on file and are included by reference as part of this meeting. An agenda of this meeting has been either mailed or made available to persons, organizations, and local news media as per their request. The agenda gives the date, time, and place of the meeting as well as the order of business. This disclosure is in compliance with the South Carolina Code of Laws of 1976, Section (e).