YORK COUNTY COUNTY COUNCIL MINUTES DECEMBER 7, 2015 FINAL County Council Meeting Agricultural Building 6:00 PM Council Chambers 6 S. Congress Street, York, SC 29745 District 1 Michael Johnson: Present, District 2 Bruce Henderson: Present, District 3 Robert Winkler: Present, District 4 William "Bump" Roddey: Present, District 5 Christi Cox: Present, Council Chairman District 6 Britt Blackwell: Present, District 7 Chad Williams: Present. Notice of Meeting Notice of the meeting was forwarded to members of Council, the news media, to staff, to the York County Library and all branches, to citizens requesting notification and posted to the county's web page. Oath of Office for newly appointed Board and Commission Members Bessie Meeks, York County Culture and Heritage Commission (District 2) Cathy Bratton, York County Forever (District 3) Bill Hargrove, Planning Commission (District 6) Carl Dicks, Pennies for Progress Commission MaryAnn Aberman, York County Board of Disabilities and Special Needs (District 5) Appearances (6:06pm) Council recognized Chet Miller and the members of the Bond Referendum Committee. (6:22pm) County Manager, Bill Shanahan, introduced Brooke Betit, Public Information Officer (6:23pm) Patrick White, Fort Mill School Board and Tommy Schmolze, Assistant Superintendent of the Fort Mill School District presented to Council the proposed Riverview Athletic Complex. (6:38pm) Ron Domurat, Lake Wylie Athletic Association to present to Council the proposed York County Sports Complex. (6:50pm) Curwood Chappell, 940 East Chappell Road, Rock Hill, South Carolina addressed Council regarding his opposition for refugee resettlement in South Carolina. (6:58pm) Michael Reed and William Carter addressed Council regarding their opposition for refugee resettlement in South Carolina. Public Forum Session (limited to thirty (30) minutes, two (2) minutes per person) (7:09pm) Virginia Ellisor, West Columbia, South Carolina, expressed her opposition to refugee resettlement in South Carolina.
(7:12pm) Dean Allen, Greenville, South Carolina expressed his opposition to refugee resettlement in South Carolina. (7:14pm) Swain Sheppard, 2283 Blossom Drive, Rock Hill, South Carolina expressed his opposition to refugee resettlement in South Carolina. (7:16pm) Paul Anderko, Rock Hill, South Carolina expressed his concerns with the administration building not being on the bond referendum. (7:18pm) Diane Phelps Simmons, Clover, South Carolina expressed her opposition to refugee resettlement in South Carolina. (7:21pm) Tom Balek, Lake Wylie, South Carolina expressed his opposition to refugee resettlement in South Carolina. (7:23pm) Bobby Walker, 5690 Williamson Road, Rock Hill, South Carolina addressed Council regarding his support for a conservation easement for Nations Ford Land Trust and York County Forever. (7:25pm) Elizabeth Hartley, expressed her support for the York County Sports Complex in Lake Wylie. (7:27pm) Jack Roddey expressed his support for a conservation easement on his property for Nations Ford Land Trust and York County Forever. (7:28pm) Nelson Waller, Anderson, South Carolina expressed his opposition to refugee resettlement in South Carolina. (7:31pm) Jacob Bradham, York, South Carolina expressed his opposition to refugee resettlement in South Carolina. (7:34pm) John Brown, 535 Cuxhaven Court, Fort Mill, South Carolina expressed his concerns with the rezoning and redevelopment in Regent Park. (7:36pm) Dewayne Christopher, 2424 India Hook Road, Rock Hill, South Carolina addressed Council on behalf of Family Auto Sales, LLC and the rezoning request. (7:38pm) Patrick Tindall, Greenville, South Carolina expressed his opposition to refugee resettlement in South Carolina. Public Hearing(s) 1. Public Hearing (7:41pm) There being no one interested in speaking for or against the ordinance request a motion was made by Council member William "Bump" Roddey and seconded by Council member Michael Johnson to close the Public Hearing.
ALLOWED [Unanimous] MOVANT: William "Bump" Roddey SECOND: Michael Johnson COUNCIL TO HOLD A PUBLIC HEARING AND CONSIDER 2ND READING OF AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF YORK, SOUTH CAROLINA, CHAPTER 154, ENTITLED SUBDIVISION CODE, SECTION 154.030(B)(4)(M), PLAT APPROVAL PROCESS: PRELIMINARY PLAT APPLICATIONS AND SUPPORTING DATA; IN ORDER TO AMEND AND CLARIFY PERIMETER BUFFERYARD STANDARDS FOR RESIDENTIAL DEVELOPMENTS; TO INVOKE THE PENDING ORDINANCE DOCTRINE; TO PROVIDE FOR A PUBLIC HEARING; AND, TO PROVIDE FOR OTHER MATTERS RELATING THERETO. (7:41pm) MOVANT: Chad Williams SECOND: Michael Johnson 2. Public Hearing The following individuals spoke in favor of the ordinance request (7:42pm) Jim Hodson, 3277 Bannock Drive, Fort Mill, South Carolina expressed his support for the ordinance modifications. (7:43pm) Wanda Woodley, 3277 Bannock Drive, Fort Mill, South Carolina expressed her support for the ordinance modification. (7:44pm) Kris Frazier, 6575 Baker Lane, Lake Wylie, South Carolina expressed her support for the ordinance modification. The following individuals spoke in opposition of the ordinance request (7:45pm) Billy Hagner 1901 Voyager Road, York, South Carolina expressed his opposition for the ordinance modification. (7:54pm) There being no one else interested in speaking for or against the ordinance request a motion was made by Council member Michael Johnson and seconded by Council member William "Bump" Roddey to close the Public Hearing.
ALLOWED [Unanimous] SECOND: William "Bump" Roddey COUNCIL TO HOLD A PUBLIC HEARING AND CONSIDER 2ND READING OF AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF YORK, SOUTH CAROLINA, CHAPTER 155, ENTITLED ZONING CODE, SECTIONS 155.429, RESIDENTIAL DENSITY REQUIREMENTS IN THE RC-I, RC-II, RD-I, RD-II, AND BD-III ZONING DISTRICTS; 155.430, OPEN SPACE REQUIREMENTS; IN ORDER TO PROVIDE MAXIMUM RESIDENTIAL DENSITY REQUIREMENTS WITHIN THE RC- I, RC-II, RD-I, RD-II, AND BD-III ZONING DISTRICTS; RENUMBER THE OPEN SPACE ORDINANCE; TO INVOKE THE PENDING ORDINANCE DOCTRINE; TO PROVIDE FOR A PUBLIC HEARING; AND TO PROVIDE FOR OTHER MATTERS RELATING THERETO. (7:54pm) APPROVED [6 to 1] SECOND: Robert Winkler AYES: Johnson, Winkler, Roddey, Cox, Blackwell, Williams NAYS: Bruce Henderson 3. Close Public Hearing The following individuals spoke in favor of the ordinance request: (7:59pm) Shannon Troublefield, 2534 Ivy Creek, York, South Carolina addressed Council regarding her support for the ordinance modification. (8:00pm) There being no one else interested in speaking for or against the ordinance request a motion was made by Council member Michael Johnson and seconded by Council member Christi Cox to close the Public Hearing.
ALLOWED [Unanimous] SECOND: Christi Cox COUNCIL TO HOLD A PUBLIC HEARING AND CONSIDER 2ND READING OF AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF YORK, SOUTH CAROLINA, CHAPTER 155, ENTITLED ZONING CODE, SECTIONS 155.009, GENERAL PROVISIONS: DEFINITIONS; 155.010, GENERAL PROVISIONS: PERMITTED USES AND SPECIAL EXCEPTIONS TABLE; 155.146(W), BUSINESS DEVELOPMENT III DISTRICT: PERMITTED USES; 155.147(B)(4) BUSINESS DEVELOPMENT III DISTRICT: SPECIAL EXCEPTIONS; IN ORDER TO PROVIDE FOR A DEFINITION OF A TRUCKING OPERATION; ADD TRUCKING OPERATION AND OUTDOOR STORAGE OF JUNKED, SALVAGED, OR INOPERABLE TRUCKS AND TRAILERS ASSOCIATED WITH AN APPROVED TRUCKING OPERATION TO THE TABLE OF PERMITTED USES AND SPECIAL EXCEPTIONS; PROVIDE FOR A TRUCKING OPERATION AS A PERMITTED USE WITHIN THE BD-III ZONING DISTRICT AND OUTDOOR STORAGE OF JUNKED, SALVAGED, OR INOPERABLE TRUCKS AND TRAILERS ACCESSORY TO AN APPROVED TRUCKING OPERATION AS A SPECIAL EXCEPTION WITHIN THE BD-III ZONING DISTRICT; TO INVOKE THE PENDING ORDINANCE DOCTRINE; TO PROVIDE FOR A PUBLIC HEARING; AND TO PROVIDE FOR OTHER MATTERS RELATING THERETO. (8:00pm) APPROVED [5 to 2] MOVANT: Robert Winkler SECOND: William "Bump" Roddey AYES: Henderson, Winkler, Roddey, Blackwell, Williams NAYS: Michael Johnson, Christi Cox Motion to amend the main motion and remove the BD III restriction and change to an ID. (8:00pm)
DEFEATED [2 to 5] SECOND: Christi Cox AYES: Michael Johnson, Christi Cox NAYS: Henderson, Winkler, Roddey, Blackwell, Williams Old Business 1. Discussion regarding Refugee Resettlement in South Carolina. (8:21pm) Council member Bruce Henderson requested that a refugee resettlement resolution be added to the December 21, 2015 Council meeting agenda. Chairman Britt Blackwell instructed County Attorney, Michael Kendree to draft a Resolution to consider at the next Council meeting. 2. Rezoning Action: Consider Third Reading: Case # 15-28 Tax Map # 1400000001(P) Zoning Request: Request to rezone property from AGC to RUD Acres: 4.12 +/- Council District: Three (3) Winkler Applicant: Angela J. Kirk Owner Lester M. Jones Location: 4000, 4024, & 4030 Sherer Road in the Sharon community Planning and Development Staff: APPROVAL Planning Commission: APPROVAL (6-0) Staff Recommendation: Approval based on the information prepared by staff outlined in this Planning Commission Report and the findings below: (8:39pm) The proposed rezoning is consistent with the overall Comprehensive Land Use Plan for the area. The proposed plan is consistent with the character of the surrounding area.
MOVANT: Robert Winkler SECOND: Chad Williams 3. Rezoning Action: Consider Third Reading: Case # 15-29 Tax Map # 6020000060 Zoning Request: Request to rezone property from BD-III to ID Acres: 1.33 +/- Council District: Four (4) Roddey Applicant and Owner: Family Auto Sales, LLC Location: 1794 Saluda Street in the Rock Hill community Planning and Development Staff: APPROVAL Planning Commission: NOT AFFIRMED (3-3) (Hopper (A-L), Hargrove (6), and Darby (4) Opposed) Please Note: The applicant has requested deferral until the January 19, 2016 Meeting. Staff Recommendation: Approval. Based on the information prepared by staff outlined within this Planning Commission report, staff recommends Approval because of the following considerations and findings: Observations and findings: The proposed rezoning is not consistent with the Comprehensive Plan. The proposed rezoning will allow the applicant to improve the aesthetics of the existing site by screening damaged vehicles from view from the public right of way and neighboring properties with an opaque, 8 foot fence. The proposed rezoning will correct a Code Enforcement violation. Future use of the site will be limited by the size of the parcel. Attached is the requested memo to Council responding to the concerns raised at the November 16 th meeting. (8:40pm)
DEFERRED [Unanimous] MOVANT: William "Bump" Roddey SECOND: Christi Cox 4. Rezoning Action: Consider Third Reading: Case # 15-30 Tax Map # 6050000021 Zoning Request: Request to rezone property from ID to RUD Acres: 2.8 +/- Council District: Five (5) Cox Applicant and Owner: Amanda T. Hardin Location: 2961 Saluda Road in the Rock Hill community Planning and Development Staff: APPROVAL Planning Commission: APPROVAL (6-0) Staff Recommendation: Approval based on the information prepared by staff outlined in this Planning Commission Report and the findings below: (8:41pm) The proposed rezoning is consistent with the Comprehensive Land Use Plan. The proposed plan is consistent with the character of the surrounding area. MOVANT: SECOND: AYES: Christi Cox Chad Williams Johnson, Henderson, Winkler, Roddey, Cox, Blackwell, Williams 5. Council to consider second reading of AN ORDINANCE TO AMEND THE EXISTING AGREEMENT GOVERNING THE YORK-CHESTER INDUSTRIAL PARK TO INCLUDE ADDITIONAL PROPERTIES LOCATED WITHIN THE GEOGRAPHICAL BOUNDARIES OF YORK COUNTY IN THE MULTICOUNTY PARK; TO REMOVE A PROPERTY LOCATED WITHIN THE GEOGRAPHICAL BOUNDARIES OF YORK COUNTY THAT NO LONGER QUALIFIES FOR INCLUSION IN THE MULTICOUNTY PARK; AND OTHER MATTERS RELATING THERETO. (8:41pm)
MOVANT: Robert Winkler SECOND: Chad Williams 6. Council to consider second reading of AN ORDINANCE TO AMEND THE EXISTING AGREEMENT GOVERNING THE CHEROKEE-YORK INDUSTRIAL PARK TO INCLUDE ADDITIONAL PROPERTY LOCATED WITHIN THE GEOGRAPHICAL BOUNDARIES OF YORK COUNTY IN THE MULTICOUNTY PARK AND OTHER MATTERS RELATING THERETO. (8:42pm) MOVANT: Chad Williams SECOND: Bruce Henderson 7. Council to consider amending and second reading of an Ordinance AUTHORIZING THE COUNTY S SALE OF ITS SPECULATIVE BUILDING LOCATED IN CAROLINA PLACE BUSINESS PARK, LOCATED AT 2123 CAROLINA PLACE, FORT MILL, SOUTH CAROLINA, 29708, DESCRIBED AS A 50,400 SQUARE FOOT, INDUSTRIAL BUILDING ON OR ABOUT 7.98 ACRES, SOLD AS IS AND IDENTIFIED BY TAX MAP NUMBERS 655-00-00-043, 655-00-00-396, AND 714-00-00-030 TO BEACON #27 LLC ( BEACON ) PURSUANT TO AN OPTION TO PURCHASE AGREEMENT; TO AUTHORIZE THE CHAIRMAN AND OTHER COUNTY OFFICIALS TO EXECUTE DOCUMENTS RELATED TO SALE, EXECUTE THE DEED, AND EXECUTE ANY OTHER DOCUMENTS IN FURTHERANCE OF THE CLOSING AND SALE OF THE PROPERTY, TO PROVIDE FOR A PUBLIC HEARING, AND TO PROVIDE FOR OTHER MATTERS RELATED THERETO." (8:42pm)
SECOND: Robert Winkler 8. Council consider third reading of an ordinance TO AMEND THE CODE OF THE COUNTY OF YORK, SOUTH CAROLINA, CHAPTER 90, SECTION 90.01 IN ORDER TO ADD PARKS TO THE TITLE AND PREAMBLE; TO AMEND SUBSECTION (E) TO COMPLY WITH STATE FIREARMS LAWS; TO PROHIBIT PAINTBALL GUNS; AND TO PROVIDE FOR OTHER MATTERS RELATING THERETO. (8:43pm) MOVANT: Chad Williams SECOND: Bruce Henderson New Business 1. Council to consider recommending approval to move forward with the building process for the York County Administrative Building at a cost of $24,201,109. (8:44pm) APPROVED [6 to 1] MOVANT: Robert Winkler SECOND: Michael Johnson AYES: Johnson, Henderson, Winkler, Roddey, Blackwell, Williams NAYS: Christi Cox 2. County Manager, Bill Shanahan to provide Council with a capital building and financing update. (9:15pm) County Manager, Bill Shanahan provided projected occupancy dates based on a draft building schedule.
3. Consider First Reading of AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF $108,900,000 GENERAL OBLIGATION BONDS OF 2016 OF YORK COUNTY, SOUTH CAROLINA, TO PRESCRIBE THE PURPOSES FOR WHICH THE PROCEEDS SHALL BE EXPENDED, TO PROVIDE FOR THE PAYMENT THEREOF, AND OTHER MATTERS RELATING THERETO. (9:21pm) APPROVED [6 to 1] MOVANT: William "Bump" Roddey SECOND: Robert Winkler AYES: Johnson, Henderson, Winkler, Roddey, Blackwell, Williams NAYS: Christi Cox 4. Council to consider approval of the 2016 York County Council Meetings Calendar. (9:21pm) MOVANT: Robert Winkler SECOND: William "Bump" Roddey 5. CONSIDER FIRST READING BY TITLE ONLY OF AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF A FEE IN LIEU OF TAX AGREEMENT AND AN INFRASTRUCTURE FINANCE AGREEMENT BY AND BETWEEN YORK COUNTY, SOUTH CAROLINA AND PROJECT EAGLE, THE CODE NAME FOR CERTAIN LIMITED LIABILITY COMPANIES AND/OR CORPORATIONS WITH RESPECT TO CERTAIN ECONOMIC DEVELOPMENT PROPERTY IN THE COUNTY, WHEREBY SUCH PROPERTY WILL BE SUBJECT TO CERTAIN PAYMENTS IN LIEU OF TAXES, AND SUCH COMPANIES AND/OR CORPORATIONS WILL RECEIVE CERTAIN INFRASTRUCTURE CREDITS IN RESPECT OF INVESTMENT IN RELATED INFRASTRUCTURE; AND OTHER MATTERS RELATED THERETO. (9:22pm)
SECOND: Bruce Henderson 6. Consider adoption of a RESOLUTION IDENTIFYING AND INDUCING A PROPOSED INVESTMENT BY HARRELL INDUSTRIES, INC. AND OTHER MATTERS RELATED THERETO (9:24pm) MOVANT: Robert Winkler SECOND: William "Bump" Roddey 7. Consider approval of a resolution to designate the following roadways as a No Thru Truck Route : Hall Spencer Road from Collins Road to Anderson Road, Harmony Road from Collins Road to Neely s Creek Road, Barringer Road from Mount Holly Road to Neely s Creek Road, and Neely s Creek Road from Mount Holly Road to Fire Tower Road. (9:24pm) MOVANT: Christi Cox SECOND: Chad Williams 8. Council to consider approval of a Request to Rename a non-contiguous section of Brickyard Rd (SC 46-329) to Gratton Village Court. (9:25pm)
MOVANT: Chad Williams SECOND: Robert Winkler 9. Council to consider award of Bid #2313 for the purchase of a new Sanitary Landfill Compactor to the lowest responsive and responsible bidder, Road Machinery Services, Inc. of Statesville, NC for the total cost of 602,596.00. (9:25pm) SECOND: Robert Winkler 10. Council to consider approving the Pennies 3 Program Projects US 321/Johnson St./Railroad Avenue Intersection and the 4th Street/ 5th Street/Ross Cannon Street Intersection in the City of York to Hucks and Associates PC in a not-to-exceed amount of $56,915.25. (9:26pm) MOVANT: Robert Winkler SECOND: Bruce Henderson 11. Council to consider authorizing the expenditure of up to $27,000 in York County Forever Commission funds to Nation Ford Land Trust (NFLT) for stewardship, appraisal, and administrative fees for the placement of a conservation easement on approximately 58 acres, located on Hwy 322 in the Rock Hill community, owned by Jack and Ann Roddey. (9:26pm)
MOVANT: William "Bump" Roddey SECOND: Michael Johnson 12. Council to consider the recommended Fees for DNA Lab Requests for the Sheriff's Office. (9:31pm) SECOND: Chad Williams 13. Council to consider the Sheriff's Office request for authorization to apply for and accept if awarded, a Palmetto Pride Grant in the amount of $4,919.95. No local match is required. (9:31pm) SECOND: Chad Williams 14. Request Authorization from Council for York Technical College to Acquire Properties on Trimnal Lane in Rock Hill and to acknowledge future decreases in tax revenues related to the acquisition. (9:31pm)
MOVANT: William "Bump" Roddey SECOND: Michael Johnson 15. Council to Consider ratifying Grant Application and Authorizing Acceptance, if Awarded of a Grant Applied for On Behalf of the Convention and Visitor's Bureau in the amount of $50,000.00. Matching funds equaling any grant award amount are available in the CVB budget. (9:32pm) MOVANT: William "Bump" Roddey SECOND: Chad Williams 16. Council to consider approving a Revocable License to Use Property by Dorn Veterans Affairs Medical Center subject to final approval by the County Attorney. (9:32pm) MOVANT: Bruce Henderson SECOND: Christi Cox Consent Agenda (9:33pm) MOVANT: Bruce Henderson SECOND: Michael Johnson 1. Approval of November 16, 2015 Finance & Operations Committee Minutes
ACCEPTED [Unanimous] MOVANT: Bruce Henderson SECOND: Michael Johnson 2. Approval of November 16, 2015 County Council Meeting Minutes ACCEPTED [Unanimous] MOVANT: Bruce Henderson SECOND: Michael Johnson Committee and Other Reports (9:33pm) Pennies for Progress Committee Meeting, Monday, December 7, 2015, 4:30pm, Chairwoman Christi Cox (9:35pm) Finance & Operations Committee Meeting, Monday, December 7, 2015, 5:00pm, Chairman Michael Johnson Council Member New/Non-agenda Comments (9:37pm) Council member Christi Cox requested reassessment numbers from the TIF. (9:37pm) Council member William "Bump" Roddey stated that we will be holding a Public Works Committee meeting prior to the Christmas Holidays. (9:37pm) Council member Bruce Henderson requested from staff the status of Pennies for Progress project Highway 557. Executive Session: Proposed contractual matter: YCF Project #15.01 and Receipt of Legal Advice Matters for consideration following Executive Session 1. Motion to authorize York County Forever to expend its funds on an appraisal for York County Forever Project #15-01. (10:02pm) ALLOWED [Unanimous] MOVANT: SECOND: AYES: Chad Williams Robert Winkler Johnson, Henderson, Winkler, Roddey, Cox, Blackwell, Williams Adjourn
There being no further business, the meeting adjourned at 10:02pm. Karen M. Brogdon, Clerk to Council