DATE/PLACE: Pawleys Island Chapel MINUTES PAWLEYS ISLAND TOWN COUNCIL PRESENT: ABSENT: Mayor Bill Otis, Mike Adams, Ashley Carter, Rocky Holliday & Sarah Zimmerman None EXECUTIVE SESSION 30-4-70(a)(2) LEGAL ADVICE ADDRESSING TOWN ORDINANCE CODIFICATION SCRIVNER S ERRORS Sarah Zimmerman made a motion to stand down into Executive Session. Mike Adams seconded. All in favor. Sarah Zimmerman made a motion to stand down from Executive Session. Mike Adams seconded. All in favor. Mayor Otis noted Council received legal advice on correcting scrivners errors in the form of government codification. No decisions were made. PUBLIC HEARING ON ORDINANCE AMENDMENTS TO ADD ELEVATORS TO THE LIST OF SETBACK EXCEPTIONS Mayor Otis stated the public notice also included further clarification of chapter 12, section 12-53 Weeds, Debris and Trash and including fines and amending ordinance chapter 24, section 34-34 parking to add the definition of street or roadway. Adding elevators is a part of the UDO and requires a public hearing and the other 2 issues do not, but we will open the public hearing to all 3 issues. Article 2, section 2-15.4 and Article 3, section 3-5.7 of the UDO, the proposed ordinance amendment adds elevators to the list of setback exceptions up to 5 feet this is a Planning Commission recommendation to Council. A setback has to have a minimum of 7 feet to allow an elevator up to 5 feet without a variance. No one was present to speak on setbacks so this public hearing was closed. Weeds, debris and trash maintenance and fines for non-compliance. Ryan Fabbri stated that some property owners have been leaving their miscellaneous trash by the side of the road at all times of the year and not just the designated 4 times a year the Town does trash pickups as a courtesy to the property owners. The proposed ordinance addresses this as well as dilapidated vehicles and provides fines. No one was present to speak on chapter 12, section 12-53 so this public hearing was closed. Add the definition of street or roadway in chapter 24, section 24-34. We have had issues as to whether a vehicle is parked on the street or roadway, so this ordinance defines that a street or roadway is any part of a paved street or roadway on or within the white lines on each side of the paved street or roadway. In the absence of visible white lines on the pavement no vehicle shall be parked on any part of the visible street pavement. Mayor Otis commented that at all times our police officers have the flexibility and discretion in terms of how, or if, they charge under this ordinance. No one was present to speak on chapter 24, section 24-34 so this public hearing was closed. PUBLIC COMMENT Leda Hall stated that the July 4 th festivities seemed to go very well and thanked the PIPD for doing a good job. Page 1 of 6
APPROVAL OF JUNE 12, 2017 MEETING MINUTES Sarah Zimmerman made a motion to approve the June 12, 2017. Mike Adams seconded. All in favor. HABITAT REQUEST FOR 2018 PAVILION REUNION DATE - ANNETTE PERREAULT Annette stated that the 2017 Reunion went extremely well and asked to have their 2018 Pavilion Reunion on Saturday, May 19, 2018 from 6:00-11:00 pm. Annette stated that they were able to raise 50% of the cost of a house from the 2017 Reunion proceeds. Sarah Zimmerman made a motion to approve Georgetown County Habitat for Humanity to have their next Pavilion Reunion at the Pavilion Park on May 19, 2018. Mike Adams seconded. All in favor. APPEAL OF GEORGETOWN COUNTY GROIN PERMIT AS AN INTERVENER MR. DURANT Attorney DuRant stated that we have not heard from Judge Linski and probably won t until we go to his boss. Sarah Zimmerman made a motion for Attorney DuRant to write a letter to the next level above Judge Linski. Mike Adams seconded. All in favor. Meeting with Administer Hemmingway, Mr. Fabbri, Mayor Otis Ryan Fabbri stated he and the Mayor had talked to Mr. Hemmingway about not hearing anything from the Judge for 3 years. They also talked about whether the County would help pay for the legal cost, if the decision is made to pursue this groin permit, and whether they would pay for construction if we were successful. Mr. Hemmingway was going to take these questions to the County Council for their response. Theye also discussed not wanting the bike path proposed going onto the island. We had not heard back yet. Ryan will call to get the status. REVIEW OF THE PUBLIC IMPUT MEETING HELD JULY 6 TH MAYOR OTIS Mayor Otis stated the main item was the potential new Town Hall with many questions on the functions of it, the cost and whether the Town could cover it. Condemning the park would be costly legal fees and appraisals. There were questions as to when the Town Hall would be occupied. It was reviewed why the Pavilion Company turned us down to build the Town Hall at either end of Pavilion Road. There were a number of comments on the Boy Scout project that was done in the pocket park. The Beautification Foundation didn t have the funding to purchase the park so the Town could then purchase another property. Mayor Otis asked at the end of the meeting if the people attending were comfortable going forward with building the new Town Hall in the pocket park and there was approximately 80% approval. Rocky Holliday made a presentation regarding the beach renourishment project and discussed how they were going to meet with PRT the beginning of August to address any issues they may have. There was a discussion of the reserves and how we were going to pay for the renourishment project and that we would borrow $2 million that would be paid back out of accommodations funds. There were questions about the dunes and that would probably still be there except at the south end where there is much erosion but that the renourishment project was to build up the beach. There were questions on how much it would cost to maintain the engineered beach. We have $35,000 to pay engineers per year over the next 10 years. The committee did not discuss referendum. Creek dredging was not being considered as part of this project as substantial permitting is necessary for new creek dredging. The timeline for the groin and the beach work is Fall of 2018 but that depends on various things such as mobilization of equipment, etc. Mayor Otis asked if people were in support of the beach renourishment project and 80% approved. Page 2 of 6
SECOND READING ORDINANCE TO AMEND ARTICLE II, SECTION 2-15.4 AND ARTICLE III, SECTION 3-5.7 OF THE UNIFIED DEVELOPMENT ORDINANCE. ADD ELEVATORS TO LIST OF SETBACK EXCEPTIONS. Sarah Zimmerman made a motion to adopt Article 2-15.4 and Article III 3-5.7 with second reading. Rocky Holliday seconded. All in favor. SECOND READING ORDINANCE TO AMEND CHAPER 12, SECTION 12-53; WEEDS, DEBRIS AND TRASH. TO FURTHER CLARIFY MAINTENANCE REQUIREMENTS AND TO INCLUDE FINES FOR NON-COMPLIANCE Sarah Zimmerman made a motion to adopt the amendment to Chapter 12, Section 12-53 to clarify the maintenance requirements with second reading. Rocky Holliday seconded. All in favor. SECOND READING ORDINANCE TO AMEND CHAPTER 24, SECTION 24-34; PARKING. ADD DEFINITION OF STREET OR ROADWAY Sarah Zimmerman made a motion to adopt the amendment to Chapter 24, section 24-34 to define street or roadway with second reading. Mike Adams seconded. All in favor. SECOND READING ORDINANCE TO AMEND CHAPTER 22, ARTICLE II, SECTION 22-25 AND 22-59C TO PROVIDE THAT BEGINNING WITH FY 2017, 20% OF LOCAL A-TAX COLLECTIONS EACH YEAR BE USED TO FUND TOWN TOURISM RELATED EXPENSES NOT FUNDED BY STATE A-TAX REVENUE AND TO PROVIDE THAT A ONE-TIME TRANSFER OF $300,216 BE MADE FROM THE LOCAL A-TAX COLLECTIONS FOR THE YEAR 2017 TO THE STATE A-TAX FUND TO FUND ACCUMULATED TOWN TOURISM RELATED EXPENSES NOT FUNDED BY STATE A-TAX REVENUE, WITH THE BALANCE OF THE COLLECTIONS TO BE COMMITTED TO THE BEACH RENOURISHMENT FUND. Mayor Otis noted that this was second reading on the Ordinance Revisions to Chapter 22, sections 22-25 and 22-59 to adjust Sarah Zimmerman made a motion to approve the Ordinance amending Chapter 22, Section 22-25 to allocate 20% of our local a-tax collections each year to be used to fund Town tourism related expenses not funded by State A Tax Revenue, and 80% of the funds to be used for beach management and beach renourishment. Mike Adams seconded. All in favor. Mike Adams made a motion to approve the Ordinance amendment to Chapter 22, Section 22-59C to provide 20% funding for local hospitality a-tax collections to fund tourism related expenses that are not funded by State a-tax revenue. Sarah Zimmerman seconded. All in favor. Mayor Otis stated that he discussed with the Town Accountant who agreed with the amount of $300,216.00 to be a one-time transfer from the local a-tax account to the general fund. Sarah Zimmerman made a motion to approve adopting the 7/10/17 resolution for a one-time transfer of $300,216.00 from the local a-tax account to the general fund. Mike Adams seconded. In favor Bill Otis, Mike Adams, Ashley Carter & Sarah Zimmerman, opposed Rocky Holliday. FIRST READING CORRECT SCRIVENER S ERROR FORM OF GOVERNMENT MUNICODE SECTION 2 ARTICLE 1 Town Attorney DuRant stated that when the Town was formed in 1985 the Town operated under the Mayor/Council form of government under State Law. In 1997 there was a referendum passed to change the form of Government to the Council form of government and there was an Ordinance of the Town passed to make the change. Page 3 of 6
In 2010 when Town s ordinances were codified by an outside source they, in error, did not include the 1997 ordinance. This first reading of this ordinance is changing that error. Sarah Zimmerman made a motion to approve first reading to correct the scrivener s error and to confirm the Town s form of government as a Council form of government. Mike Adams seconded. All in favor. FEMA STORM COST RECOVERY AND BEACH RENOURISHMENT UPDATE a) OCRM BASE LINE MOVE UPDATE, TOWN LETTER Ryan Fabbri stated that OCRM is going to revise the jurisdictional lines this year but probably not until the Fall. The South Carolina Advocate s Group is sending out a letter on behalf of all the coastal communities saying that when this change happens, we want to be notified. Mayor Otis felt that the Town should submit a similar letter stating that we want to be notified. b) OCRM AND CORPS OF ENGINEERS RENOURISHMENT PERMITTING UPDATE Ryan Fabbri stated that there has not been much progress with the Corps of Engineers so there is nothing to report there. OCRM is usually quicker and heard that we are close to getting that permit but have not received it yet. c) PRT RENOURISHMENT FUNDING UPDATE (APPLICATION SUBMITTED MARCH 8, 2017) - Ryan Fabbri stated that PRT have reviewed all our information and have responded to him with various questions and Ryan has responded to their questions and now they want to meet to go over the Town s application. The meeting should be in the first week of August. NEW TOWN HALL, DISCUSSION AND DECISIONS: 1) AGREEMENT WITH THE PAWLEYS ISLAND PAVILION COMPANY TO DONATE 20 X 120 FEET TO THE TOWN Mayor Otis stated that elevator lobby will probably be the only part that will go into the 20 feet area that the Pavilion Company will be deeded to us via a quit claim deed. Mayor Otis felt that the Beautification Foundation be included along with the Council and the Planning Commission for the design, the fitting of the building on the property and the beautification of the area. 2) SHOULD WE PROCEED WITH A COST NOT TO EXCEED $500,000 INCLUDING ALL DONATIONS DESIGNATED FOR ITS CONSTRUCTION? Mike Adams made a motion to proceed with a cost not to exceed $500,000 including all donations designated for its construction. Ashley Carter seconded. All in favor except Rocky Holliday. Rocky Holliday recused himself as the new Town Hall will be built across the street from his home and to avoid any appearance of a conflict of interest. He will not participate in any discussion whether or not to build the new offices or where it will be located. However, he will express his views on how the new building will get paid for and made it clear that he is not in favor of borrowing funds needed for that project at a time where we are forced to take money out of our beach fund just to pay for the day to day operations of the Town and at a time where we are considering borrowing $2 million for a badly needed beach renourishment project, to then borrow an additional ½ million for new offices is not a responsible thing to do. His concern is if we borrow these funds we will set a precedent with long-term implications. He does not believe in the idea that a government can open the door of fiscal irresponsibility when it s convenient and still have the ability to shut that door at a later time. He felt that this would hasten the day where property owners will be paying local taxes to the Town so he proposed that the Town seek another way to pay for this new Town Hall. Page 4 of 6
3) IF YES MOTION TO APPROVE THE AGREEMENT WITH GRAHAM AND ASSOCIATES $32,500 Mike Adams made a motion to approve the agreement with Graham and Associates for $32,500. Sarah Zimmerman seconded. All in favor. Mayor Otis stated that Attorney DuRant will review the agreement as well as insurance agreements that are necessary. POLICE REPORT Chief Fanning reviewed the June 2017 police reports. See attached. July 4 th Weekend There was one incident of a fight on the beach at Davis Drive. The PD was able to mediate the incident and got everybody off the beach without any arrests. FINANCIAL REPORT Ryan Fabbri stated that revenue is are ahead of where we thought we d be due to money we received for FEMA reimbursement of storm damage and cleanup expenses. We also received $255,000 from MASC programs. Otherwise, everything else is pretty much where it should be. BUILDING REPORT Ryan Fabbri stated that a lot of people did their post hurricane work in the previous 6 months to get their houses ready for rental season. There were only 3 permits this month. APPROVE GEORGETOWN COUNTY CHAMBER OF COMMERCE MEMBERSHIP RENEWAL ($270.00) Sarah Zimmerman made a motion to approve renewing our membership with Georgetown County Chamber of Commerce. Mike Adams seconded. All in favor. BUDGET AMENDMENTS a) Streets Street Signs (Pedestrian Walkway Sign $1,560) Ryan Fabbri stated that there have been concerns about speeding and traffic on Atlantic Avenue so we purchased walkway signs that were not originally budgeted for so the $1,560 needs to be added to the budget to cover that cost. b) Streets Maintenance & Repair (Crosswalk Painting $6,300) Ryan Fabbri stated that the $6,300 is what it cost to have the crosswalks repainted that was not originally budgeted for. Sarah Zimmerman made a motion to approve budget amendments of $1,560 to street signs and $6,300 for maintenance & repair streets. Mike Adams seconded. All in favor. ADMINISTRATORS REPORT Data base Program Up-date Ryan Fabbri stated that we have the property owner information from about half of the owners which has been voluntarily given to us, but it is not in an efficient format. He is meeting with Dr. Martin who is head of the Political Science department who has agreed to give us an intern in the fall to enter this information in to a new data base. SCDOT 4 Way Stop at the North Causeway and Myrtle Avenue DOT is going to turn the North Causeway and Myrtle Avenue into a 4 way stop and will put up signs alerting drivers for the next two weeks that this is going to happen. Kayak Race is July 18th Page 5 of 6
COMMENTS BY COUNCIL MEMBERS Mike Adams asked what happened with the issue of property owners conforming to 4 foot walkways. Attorney DuRant stated one property owner requested that the Supreme Court hear his case. The case is not over until the Supreme Court denies this property owner s appeal so until that is settled the other non-compliant property owners cannot be approached. Mike Adams motioned to adjourn. Sarah Zimmerman seconded. All in favor. APPROVED DATE ATTEST DATE Page 6 of 6