MINUTES
PAWLEYS ISLAND TOWN COUNCIL
DATE/PLACE:June 12, 2017
Pawleys Island Chapel
PRESENT:Mayor Bill Otis, Mike Adams,Ashley Carter,Rocky HollidaySarah Zimmerman
ABSENT:None
EXECUTIVE SESSION – 30-4-70(a)(1) GRAND MARSHALL DESIGNATION, 30-4-70(a)(2) LEGAL ADVICE RE: BEACH ACCESS ACQUISITION
Sarah Zimmerman made a motion to stand down into Executive Session for items listed on the agenda. Mike Adams seconded. All in favor. Sarah Zimmerman made a motion to stand down from Executive Session. Rocky Holliday seconded. All in favor.
PUBLIC COMMENT
Emily Careystated that she was also speaking for Leda Hall who could not attend the meeting. She stated that it is an excellent idea to have a ramp as opposed to steps for handicapped access. She is happy to see that the Town is seeking public output with the July 6th Town Hall meeting. She also commented on not seeing any feedback on comments made at prior regular meetings. Town Attorney, David DuRant stated that the Town Council meetings are business meetings and is not a forum for debate or discussion.
APPROVAL OF MAY 8, 2017 MEETING MINUTES& MAY 23, 2017 MEETING MINUTES
Sarah Zimmerman made a motion to approve the May 8, 2017 & the May 23, 2017 minutes. Mike Adamsseconded. All in favor.
MR. DURANT: APPEAL OF GEORGETOWN COUNTY GROIN PERMIT AS AN INTERVENER & DISCUSSION ON FUTURE FINANCING OF THE ACTION BY THE TOWN
Town Attorney DuRant stated that hehad not received any response from Judge Linski. Ryan has a meeting scheduled with the Georgetown County Administrator to discuss the County’s future involvement. David and Mayor Otis both intend on attending the meeting. Attorney DuRant stated that the Town does not have the legal authority to require homeowners to extend board walks over the dunes.
10 YEAR FINANCIAL PROJECTIONS AND PLAN – PLAN REVIEW AND DISCUSS UPDATED PROJECTIONS AND NOTES
Ryan Fabbri stated that this was discussed at the last Town Council meeting regarding the Town’s future financial situation if a few changes aren’t made. We also talked about changing the allocation of the local accommodation funds we receive from 100% to beach funds to allocate 80% going to beach funds and 20% going to the State accommodations tax fund to help offset tourism related expenditures. We have had our annual audit completed since our last meeting so the funds have changed from last month. (See attached scenarios for the Beach Fund and the General Fund.) We have allocated 100% of the local a-tax to the beach fund since 1999 and we also have the state a-tax which has been used to cover some of the Town’s tourism related expenses. The total of these annual expenses are always greater than the revenue received from the State a-tax resulting in a year end deficit.
______
Page 1 of 5
June 12, 2017
This deficit has always been covered by an inter-fund loan from the general fund. Prior to 2012, the general fund would extend a loan to the state a-tax fund creating a sizeable “due to General Fund” balance over time, and we realized the general fund would never be repaid since the state a-tax wasn’t likely to generate the revenue to do so. Because of this a large built updebt in the state a-tax fund, in 2012 that debt of $530,855 was forgiven and in addition to this, council approved continuing to transfer funds to the state a-tax account without expecting it to ever be repaid. Because Council knew the underground wire project would deplete the general fund balance over the coming years, in 2016 an ordinance was passed to do away with this money transfer to the state a-tax fund and once again consider it a loan. The Town had enough money to finance the property owner’s portion of the underground wire project, but by choosing to do so it would draw the general fund down to $200,000.
In addition to the proposed 80% - 20% split of the local a-tax revenue, Ryan believes that we need to make a one-time transfer of $300,216 from the Local A-tax account to the state a-tax fund to cover the outstanding “due to General Fund” liability. Ryan presented 10 year forecasts for the Town’s 2 major funds showing what was likely to occur if we made these minor changes and what would happen if nothing was done. Ryan recommended that Council make theone-time transfer of $300,216 from the Beach Fund to the State A-tax fund to cover the “Due to General Fund” liability, and begin to allocate 20% of Local A-Tax revenue to cover excess tourism related expenditures in the State A-Tax Fund. It puts both funds in good shape, it funds the renourishment project, funds the new Town Hall and does all of this without cutting expenses or creating new streams of revenue. The General Fund would be good until 2023 when the underground wire payments stop and in 10 years the Beach Fund will have around a $2,000,000 balance. We know $2,000,000 is unlikely to cover our periodic renourishment needs in 10 years, but neither would $3,300,000, which is what the balance would be in 10 years without the 1 time transfer of $300,216 and allocating 20% to the State A-Tax fund.Councilmember Rocky Holliday stated that he is concerned that our beaches would suffer with this change. Ryan Fabbri stated that this would have no effect on our funding of our beach project. If we do nothing we will need to either cut costs or have some other revenue source, like a property tax, down the line and we’d have a beach fund of $5.3 million but an operating fund down to approximately $200,000. Mayor Otis stated that the 2 changes would make the Town rationally solvent and have reasonable reserves and do it without property owners paying property taxes.Ryan Fabbri stated that our needs for other revenue to cover tourism related general fund expenses are far greater now than they were 17 years ago.
MOTION 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 PROVICE 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.
Mike Adams made a motion to amend Chapter 22-25 & 22-59C as stated above. Ashley Carter seconded. All in favor.
PROCESS OF RELOCATION TOWN HALL
Motion to approve Graham and Associates as the Architect for the New Town Hall on an hourly consulting basis until a decision is made – Ryan Fabbri stated that the drive-through under the new Town Hall is no longer an option due to the refusal of the Pawleys Island Pavilion Company to allow that use of their property.
______
Page 2 of 5
June 12, 2017
The other plan would be to build on the town owned lot on the corner of Myrtle Avenue and North Causeway but another design will need to be made and because this location is not definite we felt it would be best to pay the architect on an hourly basis until a decision is made. Sarah Zimmerman made a motion to approve paying Graham and Associates on an hourly basis. Mike seconded. All in favor.
BEACH RENOURISHMENT – PRT DECISION TIMING
Ryan Fabbri stated that the Isle of Palms is ahead of us in this process so Ryan talked to them to find out what stage they are in with this process. They said that there are certain people who review the criteria then submit it to the director for a decision as to what will be done. Ryan was told that all the evaluations of our application would be turned in by the following Friday and once that happened we would be called to set up a meeting.
PUBLIC INPUT SESSION – TO BE HELD ON JULY 6, 2017 AT THE PAWLEYS CHAPEL, UPDATES TOWN HALL, BEACH RENOURISHMENT
Mayor Otis stated that the public input session will be held on Thursday, July 6, 2017, at 4:00 p.m. at the Chapel to update property owners about the New Town Hall and Beach Renourishment. No decisions have been made regarding the New Town Hall pending the meeting with the exception we will be paying the architect on an hourly basis.
PLANNING COMMISSION REPORT – CHAIRMAN MCCANTS
First Reading – Ordinance allowing elevators in the required side setbacks – Jim McCants stated that the Planning Commission met and decided to recommend to Council to allow elevators to be installed within the setbacks; both closed and open elevators. They would be especially helpful to our elderly homeowners. Sarah Zimmerman made a motion to give first reading in title to the ordinance allowing elevators to be installed in setbacks. Rocky Holliday seconded. All in favor.
First Reading – Ordinance to consider inoperable or dilapidated vehicles or vehicle repair in residential yards and yard debris left on the roadsides at other than scheduled pickup times, to be a nuisance – Jim McCants stated that we want to also add to this ordinance that a fine imposed to individuals who put out various types of debris by the road all year long and not just the 4 times a year, after a major holiday, the Town will pick up. Ryan Fabbri stated that we now have a nuisance ordinance that is very vague. We could bill any property owner what it costs the Town to pick up the trash and if they don’t pay we could lien their property but the simple solution would be to have a fine up to $250. We would issue a warning first and give them a certain amount of days to rectify it but the amount of days was not in the ordinance so the ordinance needed to include that. We would like to include this in the same ordinance as inoperable or dilapidated vehicles as nuisances and include a fine. Sarah Zimmerman made a motion to give first reading as a pending ordinance doctrine to make this ordinance effective with first reading and to include inoperable or dilapidated vehicles and roadside debris on days other than the 4 times a year after a major holiday, to issue a warning with a specified time to rectify it and to include a fine up to $250.00 and/or community service to any violators. Mike Adams seconded. All in favor.
The Planning Commission also discussed whether the Town should require boardwalks or stairs over the dunes to be constructed by property owners and their recommendation was to do nothing on that issue.
______
Page 3 of 5
June 12, 2017
POLICE REPORT
Chief Fanning reviewed the May2017 police reports. See attached.
- Recommendation on speed bumps – The highway department will not put in speed bumps. We would have to put them in and we would have to hire an engineer to do daily traffic volumes with directional splits for peak hours, average speed in both directions, descriptions of the roadways, etc. It was Chief Fanning’s recommendation that we hold off on the speed bumps and try putting up pedestrian walkway signs in the crosswalk areas first.
- Parking on Street, define streets?–Mayor Otis spoke with Judge Walters to clarify what is allowable on the streets for parking. Mayor Otis recommended that we add to our ordinance 24-34 “parking so as to interfere with the free movement of traffic”. A street or roadway shall be defined, “as any part of a paved street or roadway on or within the white lines on each side of the paved street or roadway, in absence of a visible white line on pavement, no vehicles shall be parked on any part of the visible street pavement”. Mayor Otis pointed out that officers have the discretion, depending on the situation, of ticketing offenders or not. Sarah Zimmerman made a motion to adopt the new definition, “as any part of a paved street…” as stated above. Ashley Carter seconded. All in favor.
FINANCIAL REPORT
Ryan Fabbri stated that revenue is a little bit lower than what we anticipated and a lower than expected A-tax revenue. MASC will be sending a check for over $200,000 shortly. Overall, revenue is down 8.8% but expenditures are also down 16%.
BUILDING REPORT
Ryan Fabbri stated that if someone has a job completed without a permit, then get one after the job is done, the fee is typically doubled.
RESOLUTION TO RESCIND RESOLUTION 2015-10 SUPERVISION OF THE TOWN ADMINISTRATOR
Mayor Otis read a new resolution rescinding his supervision of the Town Administrator. Sarah Zimmerman motioned to approve the new resolution rescinding Mayor Otis’ supervision of the Town Administrator. Mike Adams seconded. All in favor.
Mayor Otis requested that he remain involved with the new Town Hall project.
INCLUSION OF THE NORTH AND SOUTH CAUSEWAYS AS DEFINED PUBLIC BIKE ROUTES
Mayor Otis stated that the land use and tourism sub-committee of the County Council took action to include the north and south causeways as part of the Bike the Neck bike route. He felt that would make the road on the center part of the island one of the most dangerous roads as well as the causeways to invite bike traffic there as there are people walking, running, pushing baby carriages, skate-boarding, golf carting, driving, etc. Sarah Zimmerman made a motion to approve Ryan Fabbri to send a letter to Sel Hemingway to remove the North and South Causeways from the Bike the Neck bike route. Mike Adams seconded. All in favor.
ADMINISTRATORS REPORT – Ryan Fabbri
- FEMA Storm Cost Reimbursement update– The cost for both Hurricanes Joaquin & Matthew was approximately $640,000. Ryan stated that we have been reimbursed for $290,645.38feels confident that we will get approximately 75% of the remaining cost reimbursed.
______
Page 4 of 5
June 12, 2017
- Cost estimate of boardwalk to the beach at Third Street, 264 feet $38,765 – (Note: Shell Road Access is 461 feet)– Ryan has a list of walkways that need to be repaired. There is a quote for Third Street of $38,765 for a 4-foot walkway which gives us an idea of what these walkways would cost the Town. Ryan does not recommend that they be done this year. Mayor Otis recommended that Ryan Fabbri have communications with OCRM about grant money.
- OCRM Base Line relocation, notification letter, Town cannot act for property owners on appeal, date of announcement– Ryan Fabbri stated that OCRM revisits the critical lines on the ocean side every 10 years and they are in the process of doing that now. The new lines should be out for comment around August first. The Town cannot appeal any negative impactsfor the property owners. The Beach Advocates Group is going to send us a draft of a letter for us to send to OCRM requesting advance notice of when property owners can object to the line if they want.
- Birds Nest Sewer Repair Project– The sewer repair is now complete but we wanted to have the entire intersection paved – they only paved half of the intersection. They have since fixed it.
- Crosswalk marking and safety signage – We have already purchased safety signage for the crosswalks but we have a few more coming. We had crosswalks applied to the road in some areas a few years ago. There is a quote to have all the same crosswalks redone for $6,300 by the same company who did it before. There are 2 other companies that we might be able to get quotes from, but they really don’t want a small job. Mayor Otis recommended that we have these crosswalks done by the upcoming July 4th holiday. Sarah Zimmerman made a motion to approve the crosswalks to be donewithout competitive bidding for $6,300 by the same company that previously applied them. Mike Adams seconded. All in favor.
- Recommendation: Graham agreement pending a Town Hall decision – This was discussed earlier in the meeting.
- Data Base Program and Data Input Status– Ryan Fabbri stated that we have a lot of information about our property owners. Last year we had a Coastal Carolina student work for us to put all the information we have into one data base but he got a job in Boston and did not finish the input. Neither Ryan or Diane have the time to pick up where the student left off. We will work on getting done in the future.
- Rebilling of past due Underground Wire Invoices– the past due invoices were sent out 3 weeks ago. Ryan will email Council as to how many past due invoices there are.
- Approve CSE Invoice, Project 2468, $7,858.68–This invoice is for the permitting and engineering that has been done and goes against the not to exceed $100,000 agreement. Sarah Zimmerman made a motion to approve the payment to CSE of $7,858.68. Mike Adams seconded. All in favor.
COMMENTS BY COUNCIL MEMBERS
Mike Adams asked what the criteria was to operate a drone. All drones must be licensed and must operate below 500 feet. The answer to the question “can the Town adopt any kind of ordinance relative to drones that is enforceable?” will be looked in to.
Mike Adams motioned to adjourn. Sarah Zimmerman seconded. All in favor.
______
APPROVED DATE
______
ATTEST DATE
______
Page 5 of 5
June 12, 2017