7. PRESENTATION OF RECENT STATE LEGISLATION AND COURT CASES THAT IMPACT LOCAL GOVERNMENT PLANNING (John DeLoach, Senior Staff Attorney, SC Association of Counties)

[7. PRESENTATION OF RECENT STATE LEGISLATION AND COURT CASES THAT IMPACT LOCAL GOVERNMENT PLANNING (John DeLoach, Senior Staff Attorney, SC Association of Counties)]

THERE IS NO CALLING ON THAT ISSUE SO WE'RE GOING TO MOVE ON THEN TO DIRECTLY OUR PRESENTATION OF THE RECENT STATE LEGISLATION AND COURT CASES THAT IMPACT LOCAL GOVERNMENT PLANNING. SURE. JOHN DELOACH, SENIOR STAFF ATTORNEY FROM THE SOUTH CAROLINA ASSOCIATION OF WELCOME .

THANK YOU VERY MUCH FOR BACK IF I COULD DO YOU HAVE A COPY THE SPEECH THAT ANYBODY BRINGS A COPY TO ASM? OKAY, GOOD AND ALL OF THAT AND IF I DIDN'T GET A CHANCE TO GIVE EVERYONE A COPY OF THE IS THIS IS THE SUPPLEMENT THAT I'M GOING TO BE GOING OVER THAT GOES WITH YOUR ENCOURAGEMENT OF MY NEWS GUIDES AND THIS IS A COPY OF ACT 57 IF YOU HAVEN'T SEEN THIS ALREADY I'LL BE TALKING ABOUT THIS A LITTLE BIT.

YOU WANT TO TAKE ONE OF THOSE BUT THESE ARE WHAT I'M GOING TO TALK ABOUT TONIGHT IS I'LL WANT TO TALK ABOUT ONE MAJOR LEGISLATIVE ADDITION THAT WAS MADE THIS PAST SESSION THAT DOES AFFECT DIRECTLY PLANNING COMMISSIONS AND NOT COUNTIES A WHOLE IN IN RELATION TO PROVIDING WORKFORCE HOUSING WHICH IS COMMON ISSUE OR SPECIALTY DOWN HERE IN THE LOWCOUNTRY I'VE GOT ALL OF THE COAST GUARD AS WELL WELL AS SOME OF THE URBANIZING COUNTIES IN THE UPSTATE AND THEN AFTER I GO OVER THERE THEN WE'LL TALK ABOUT A COUPLE OF SIGNIFICANT COURT CASES THAT HAVE BEEN DECIDED IN THE LAST COUPLE OF YEARS SINCE THE PUBLICATION OF THE LAND USE PLANNING GUIDE BACK IN 2017. SO LET'S START WITH ACT 57.

THAT IS THE LEGISLATIVE ACT PUBLICATION OF THIS IS A PRETTY SIGNIFICANT PIECE OF LEGISLATION THAT WAS PASSED THIS PAST YEAR. YOU'LL NOTICE THAT THE PRIMARY WAS TOM DAVIS WHO WAS THE SENATOR FOR THIS DISTRICT. WHAT THIS DEALS WITH LARGELY IS WORKFORCE. BUT THE FIRST PART I WANT TO GO OVER ACTUALLY SECTION SIX OF THIS ACT THIS ADDS TO THE HOUSING ELEMENT YOU CONSIDER WHEN YOU ARE EITHER ADOPTING A NEW COMPREHENSIVE PLAN OR YOU'RE DOING UPDATES TO YOUR PLAN.

IT ADDS A PROVISION THAT WHEN YOU ARE CONSIDERING THE HOUSING ELEMENT FOR.

IT IS AN ACT THAT YOU HAVE TO GET NEW INPUT THAT YOU HAVEN'T HAD TO GET IN YEARS PAST.

THIS INPUT HAS TO COME FROM EXPERTS AND PROFESSIONAL WITHIN THE REAL ESTATE INDUSTRY ANY ANYONE WITH REAL ESTATE BACKGROUND HOUSING FINANCE EXPERTS ALL OF THOSE YOU HAVE TO SOLICIT THEIR INPUT ON THE HOUSING NEEDS OF THE COUNTY WHEN YOU ENACT ANY ADDITIONAL

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AMENDMENTS OR NEW ELEMENTS WITHIN THE HOUSING ELEMENT AND THAT'S GOING BE A RESPONSIBILITY DIRECTLY OF THE PLANNING COMMISSION BECAUSE OF COURSE THE PLANNING COMMISSION HAS THE RESPONSIBILITY OF DEVELOPING THE RECOMMENDATIONS TO COUNTY COUNCIL FOR ANY AMENDMENTS TO THE COMPREHENSIVE PLAN. YES, SIR.

JUST TO MAKE SURE WE'RE ON THE SAME PAGE. ARE WE REALLY TALKING ABOUT SECTION SEVEN? ARE SIX AND NINE IS JUST A DEFINITION OF TASK FOR CERTAIN . YES. SECTION SEVEN I'M SORRY.

THAT'S ALL RIGHT. THANK YOU. OTHER THAN THAT, THE THE THE BIGGEST AREA THAT THIS THE ACT 57 DEALS WITH IS WORKFORCE HOUSING AND THIS GIVES CERTAIN COUNTIES CERTAIN MUNICIPALITIES THAT HAVE SIGNIFICANT DEGREE OF TOURISM A NEW AVENUE TO FINANCE WORKFORCE HOUSING ORIGINALLY THEY PASSED THE LOCAL ACCOMMODATIONS IN THE STATE ACCOMMODATIONS TAXES THE USES OF THAT REVENUE HAD TO BE FOUR TOURISM RELATED INFRASTRUCTURE WHETHER TOURISM MARKETING FIRE POLICE FIRST RESPONDERS BECAUSE THEY DO SUPPORT THE TOURISM INDUSTRY A CERTAIN WATER AND SEWER INFRASTRUCTURE BECAUSE THAT AGAIN SUPPORTS TOURISM IT NOW ALLOWS TO USE UP TO 15% OF YOUR LOCAL ACCOMMODATIONS TAX REVENUE FOR THE PROVISION OF WORKFORCE HOUSING PROGRAMS AND THIS ACT SPECIFICALLY DEFINES WORKFORCE HOUSING AS A HOUSING THAT IS PRICED TO BE PURCHASED BY FAMILIES THAT MAKE BETWEEN 30 AND 120% OF THE AREA MEDIAN. SO IT'S GOING TO BE THE MEDIAN INCOME FOR BEAUFORT COUNTY RATHER THAN THE STATE WHICH ACCORDING TO THE REVENUE AND FISCAL AFFAIRS OFFICE FOUR AT 2420 21 YOUR MEDIAN HOUSEHOLD INCOME IN BEAUFORT COUNTY WAS $72,000. SO YOU'RE LOOKING AT BETWEEN SO HOUSING THAT WOULD SELL TO FAMILIES WITH INCOMES BETWEEN 21,000 WHICH WOULD BE THE 30% AND I THINK 93,000 AT 120% AND THAT'S THAT'S A SIGNIFICANT IT'S JUST A QUESTION THAT I LAID IN THE LAST SEVERAL YEARS A LOT THE APPLICANTS THAT WE'VE BEEN HEARING FROM SOME ASPECT OF THEIR PROPOSAL CONTAINS A STATEMENT ABOUT WORKFORCE HOUSING OR AFFORDABLE HOUSING AND WHAT TELLING ME IS THAT WE NOW HAVE TO HAVE AN EXPERT TESTIFY REGARDING THAT APPLICATION AT THE PUBLIC HEARING NO. NO, THAT WOULD NOT BE FOR THE DEVELOPER THIS WOULD BE FOR THE COUNTY TO USE THEIR LOCAL ACCOMMODATIONS TAX OR ANY COMBINATION OF THE LOCAL ACCOMMODATION AND THE PORTION THEY RECEIVE FROM THE STATE HOSPITALITY OR ACCOMMODATIONS TAX REVENUE. THIS IS STRICTLY FOR THE USE OF THOSE FUNDS.

SO IF YOU'RE USING FUNDS FOR A PRIVATE DEVELOPERS PROJECT THEN IT HAS TO BE WITHIN THOSE THOSE INCOME. SO I WAS GOING BACK A LITTLE BIT FURTHER IF YOU EXPLAINED THAT THERE IS A NEED TO GET EXPERTIZE FROM A REALTOR OR SOMEBODY ABOUT YES THIS IS FOR YOUR AMENDMENTS TO YOUR HOUSING . ALL RIGHT.

SO THERE HAS TO BE THEY HAVE TO BE AT THAT MEETING AND TESTIFY ACCORDINGLY OR YOU WOULD HAVE TO GIVE ADVANCE INFORMATION FROM THEM THAT IF COMPLIED THAT PARTICULAR COMPONENT I THINK YOU CAN DO BOTH. I THINK YOU CAN YOU CAN SOLICIT AND STAFF CAN SOLICIT THAT WHEN THEY ARE PREPARING THE TEXT AMENDMENT OR WHEN YOU DO PUBLIC HEARINGS YOU CAN HAVE THEM PRESENT AT THAT TIME AS LONG AS AS SO LONG AS YOU ARE SOLICITING THAT INPUT AND IT IS AT LEAST NOTED THAT WITHIN THE INFORMATION THAT YOU ARE PUTTING TOGETHER IN TERMS

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OF THE MINUTES OF MEETINGS AND THINGS AS LONG AS YOU HAVE PROOF YOU HAVE SOLICITED ALL OF THAT EXPERTIZE. THANK YOU. SO I'M CLEAR YOU'RE ABOUT WHEN YOU'RE MAKING AMENDMENTS TO THE COMP PLAN NOT NECESSARILY INDIVIDUAL ZONING CASE THAT YOU WOULD HAVE TO HAVE DISCUSSED WHEN YOU'RE DOING A BUSINESS GO TO ELEMENT NUMBER SIX WHICH IS THE HOUSING ELEMENT OF YOUR PLAN IN THIS ONE YES. GOVERNMENT PLAN IN THIS AMENDMENT TO BE DONE PRIOR TO USING THE TAX FUNDS AND THAT'S COMPLETELY SEPARATE.

OKAY. YES, THAT'S SOMETHING BECAUSE IF YOU'RE GOING USE A TAX FUND THEN COUNTY COUNCIL HAS TO ENACT A LEGISLATIVE ALLOWING THE USE.

OKAY. MAY I ASK YOU JUST ANNOTATED THAT WE ARE NO LONGER ARE STATE BASED BUT RATHER COUNTY BASED WHAT IS THE STATE NUMBERS QUOTED THE COUNTY NUMBERS CAN YOU GIVE US A BALLPARK ON THIS? I MUST ALWAYS BE AN ADVANTAGE TO YOU FOR YES BIT MORE YOUR YOUR YOUR MEDIAN INCOME IS HIGHER HARFORD COUNTY ALONE IS HIGHER THAN THE STATE I THINK THE STATE I THINK WAS 59 BECAUSE OF COURSE YOU'VE GOT SOME VERY RURAL POOR COUNTIES THAT KIND OF BRING THOSE AVERAGES DOWN BECAUSE I THINK THOSE THINK THE POOREST COUNTIES SHOWED A MEDIAN OF I THINK SOMETHING LIKE 21,000. BUT YES BLUFFTON HILTON HEAD YOU'VE USI MARY'S THAT RACE RAISED THAT ALL NOW Y'ALL ARE NOWHERE NEAR WHAT SOME OF THE OUTLYING MUNICIPALITIES AROUND CHARLESTON ARE I THINK THE HIGHEST I SAW WAS KIAWAH ISLAND THEIR MEDIAN INCOME FOR JUST OSCEOLA ISLAND WAS 130 SHOCK DURING THE BUT THAT'S THAT'S MUCH THE CRUX OF 57 IS THE STATE LOOKING AT WAYS OF PROVIDING WORKFORCE HOUSING I HAVE A LOT OF AREAS I KNOW NEXT MONDAY WE'RE DOING OUR THE ASSOCIATION IS DOING ITS ANNUAL PLANNING AND ZONING WITH WEBCAST FOR OUR STATEWIDE FOR ALL PLANNING AND ZONING OFFICIALS STAFF THAT NEED THE CONTINUING EDUCATION CREDITS WE ARE FOCUSING HALF OF THAT PROGRAM ON WORKFORCE HOUSING AND THE PLANNING DIRECTOR THE TOWN OF HILTON HEAD IS GIVING AN UPDATE ON A NUMBER OF THEIR PROPERTY PROJECTS BECAUSE KNOW THEY'RE GOING CAN TALK ABOUT THE RESULT OF SEE FIND CIRCLE AND THE DEVELOPMENT OF THE NORTH POINT PROJECT RIGHT THERE AT THE HEAD OF THE PHIL TOLL ROAD ALSO GREENVILLE COUNTY IS LOOKING AT SEVERAL PROJECTS WE GOT A NUMBER OF COUNTIES THAT ARE LOOKING AT WAYS OF OF USING TAX REVENUES TO TO DO SOME FUNDING BECAUSE ONE OF THE THINGS THAT THE ACT DOES PROVIDE IS INSTEAD OF WAITING TO USE ON AN ANNUAL BASIS YOUR TAX FUNDS IT DOES ALLOW TO TO LEVERAGE YOUR TAX REVENUE TO PAY BONDS IF YOU WANT TO USE BONDS TO FINANCE PROJECTS QUICKER BECAUSE THE ONE THING WITH THE ACT AS IT IS NOW IS YOU CAN ONLY USE A TAX REVENUE FOR WORKFORCE HOUSING THROUGH DECEMBER 31ST OF 2013. SO YOU'VE GOT SIX YEARS REALISTICALLY BECAUSE IT TAKES IT TAKES A LITTLE WHILE TO GET COUNTY COUNCILS TO ENACT THE LEGISLATIVE ORDINANCE TO GET IT MOVING. SO YOU'VE GOT ABOUT SIX YEARS TO USE THIS.

WE ANTICIPATE PROBABLY THE GENERAL ASSEMBLY IS GOING TO PROBABLY LOOK AT THIS AGAIN AND DO SOME TWEAKS AND POSSIBLY EXTEND IT IF IT'S IF IT'S NECESSARY.

ALL RIGHT. SO THE OTHER LEGISLATIVE CHANGE THAT YOU'VE PROBABLY ALREADY

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DISCUSSED TO SOME IS BACK IN 2020 THE LEGISLATURE ENACTED ANOTHER ELEMENT THAT WAS NECESSARY BE ADDED TO COMPREHENSIVE PLANS THE NEXT TIME YOU REVIEW THEM FOR IF YOU ARE ENACTING A NEW ONE AND THAT IS ELEMENT NUMBER TEN THAT IS THE RESILIENCY ELEMENT OF BACK IN 2015 WE HAD NOT ONLY AN UNPRECEDENTED THOUSAND YEAR RAIN EVENT THROUGH MUCH OF THE STATE BUT ALSO FOLLOWING ON THE HEELS OF THAT FOR HILTON A LOWCOUNTRY THEN HAD HURRICANE MATTHEW. WHAT'S THE HURRICANE THAT CAME RIGHT AFTER MATTHEW THE NEXT YEAR OR SO THE YEAR SO THE GENERAL ASSEMBLY LOOKED AT MITIGATION EFFORTS TO PLAN THAT OR FOR ALL OF THE LIKE THIS ALL BECAUSE WHAT WAS FOUND ESPECIALLY IN COLUMBIA BECAUSE WE HAD SEEN BRAIN OF IT AT THAT LEVEL WE HAD LARGE AREAS OF COLUMBIA THAT JUST SUDDENLY SAW CREEK QUADRUPLE IN SIZE AND IT WAS TOO AND IT WAS DISCOVERED IN WORKING WITH FEMA THAT THERE ARE CERTAIN AREAS THAT PROBABLY HAVE BEEN IN FLOOD FLOODPLAIN BUT WEREN'T BECAUSE THEY HAD NEVER SEEN FLOODING IN THOSE AREAS BEFORE OVER IF THEY WERE THEY WERE MINOR SO THE RESILIENCY PROGRAM KIND OF HAS TWO PARTS TO IT. YOU HAD THE RESILIENCY ELEMENT THAT NOW THE PLANNING COMMISSION HAS TO CONSIDER WHEN THEY'RE AMENDING OR ENACTING A NEW PLAN THAT IS THEY YOU NOW HAVE TO LOOK AT RESILIENCY AND MITIGATION EFFORTS TO BETTER PLAN FOR NATURAL DISASTERS, EVENTS, FLOODING AND YOU ARE LOOKING AT THIS PLAN IT REQUIRES YOU TO DO IT IN A MORE REGIONAL EFFORT WHERE YOU YOU REALLY NEED TO SEND NOTIFICATIONS TO ANY OF YOUR RELEVANT ADJACENT JURISDICTIONS THAT YOUR COUNTIES NEXT TO YOU THAT ALL YOUR MUNICIPAL THAT ARE WITHIN THE COUNTY TO NOTIFY THEM OF THE PROJECTS THAT YOU THINK ARE IMPORTANT WHEN YOU ARE CONSIDERING DISASTER MITIGATION EFFORTS ABOUT HOW TO ENACT THEM AND HOW TO FINANCE AND YOU JUST HAVE TO PROVIDE NOTIFICATION TO THEM.

ALTHOUGH THE GENERAL ASSEMBLY DID KIND OF SAY THAT IF YOU FAIL TO DO THAT IT DOESN'T INVALIDATE PLAN DOESN'T GIVE RISE TO A SIMPLE COURSE OF ACTION.

IT'S JUST AN OPEN WAY REALLY TO TRY TO GET PLANNING COMMISSIONS COUNTIES MUNICIPALITIES ALL THINK AND A REGIONAL KIND OF MINDSET WHEN YOU'RE TALKING ABOUT RESILIENCY IN DISASTER MITIGATION. THE OTHER THING THAT IT DOES THAT'S INTERESTING IT'S ONE OF THE FEW ELEMENTS THAT SAYS NOT ONLY DO YOU HAVE CONSIDER IT JUST IN TERMS OF A RESILIENCY ELEMENT ONCE YOU HAVE JUST THOUGHT ABOUT THIS ELEMENT ON ITS OWN YOU HAVE TO CONSIDER DISASTER MITIGATION, NATURAL DISASTER PLANNING IN OTHER ELEMENT OF THE COMPREHENSIVE PLAN. SO YOU HAVE TO THINK IT IN TERMS OF YOUR HOUSING AND YOUR NATURAL RESOURCES ALL YOUR TRANSPORTATION, ALL OF THOSE OTHER ELEMENTS YOU NOW HAVE TO START AT LEAST CONSIDERING DISASTER MITIGATION LIKE FLOOD MANAGEMENT EFFORTS AND ALL OF THOSE ELEMENTS ELEMENTS, ALL OF THE OTHER OTHER THINGS THAT IT DOES THE THE RESILIENCY ACT BACK IN 2020 IS IT CREATED THE STATE OFFICE OF RESILIENCE THAT IS IN OFFICE AT THE STATE LEVEL THAT WORKS WITH EMERGENCY MANAGEMENT NOT ONLY ON A STATEWIDE BASIS TO THINK ABOUT

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DISASTER MITIGATION AND FLOOD MANAGEMENT BUT IT ALSO HAS THE ABILITY USE FUNDS TO IDENTIFY PROPERTIES IN SPECIFIC AREAS THAT NEED TO BE PURCHASED AND PUT INTO A MORE PUBLIC USE.

THERE ARE A NUMBER OF PROPERTIES THROUGHOUT THAT THE FEMA AND NEW OFFICE OF RESILIENCY HAVE PRETTY MUCH PURCHASED AND DEMOLISHED THOSE HOUSES BECAUSE.

THEY ARE NOW RECOGNIZED AS BEING IN A NOT ONLY A FLOODPLAIN BUT IN A NATURAL FLOOD FLOODING AREA AND THAT IT'S BEST THAT THOSE PROPERTIES BE USED JUST KIND OF AS A GREENSPACE AS AN AREA MITIGATE FLOODING AND GOT TO IMPOUND WATER.

I KNOW THE NEIGHBORHOOD IN COLUMBIA THAT I GREW UP IN ALL THE WAY UP UNTIL I WENT TO COLLEGE OF THERE BUT EIGHT EIGHT HOUSES ON THE LOWER END OF THE NEIGHBORHOOD THAT HAVE BEEN PURCHASED AND HAVE BEEN DEMOLISHED IT ALSO IS A PROVIDES FUNDS FOR TO USE TO PROVIDE SOME OF THOSE MITIGATION PROGRAMS ALL RIGHT SO THAT'S THE THAT'S KIND OF THE THE LEGISLATIVE AND LET'S TALK ABOUT SOME OF THE CASES THAT THESE GOING TO BE PROVIDED IN YOUR SUPPLEMENT THE SUPPLEMENT THAT YOU HAVE IS VERY EASY TO IS WELL JUST THAT FIRST SECTION IS THE TO LEGISLATIVE ACTS THAT I'VE ALREADY TALKED ABOUT STARTING WITH PART TWO THAT IS ALL OF NEW APPELLATE COURT CASES FROM THE COURT OF APPEALS AND THE SUPREME COURT AS WELL AS A FEW KENYANS THAT HAVE BEEN ISSUED BY THE ATTORNEY GENERAL'S OFFICE. ALL OF THOSE CASES ARE BROKEN DOWN BY THE CHAPTER IN THE BOOK AND THE CODE SECTION AND PAGE NUMBER WITHIN THE BOOK. SO IF YOU'RE EVER YOU'RE EVER RESEARCHING IN THE BOOK AND YOU NEED TO KNOW IS THERE ANYTHING THAT'S AN UPDATE OR AN APPELLATE COURT DECISIONS COME DOWN YOU CAN JUST FLIP TO THAT TO THE SUPPLEMENT AND KNOW EXACTLY PAGE YOU NEED TO LOOK AT AND IF IT IMPACTS WHAT YOU'RE LOOKING AT SO WHEN IT WHEN IT COMES TO CASES THERE'S ONE PARTICULAR CASE THAT'S THAT CAME OUT EARLIER THIS YEAR THAT IS A CASE CALLED AN APPROPRIATIONS EFFORT AND THIS COMES OUT OF THE CITY OF PALM BEACH, THE CITY OF MYRTLE BEACH AS YOU KNOW. I MEAN THIS IS KIND OF THIS HAS BEEN THE FAMILY DESTINATION FOR NEARLY YEARS. IT'S WHERE I WENT TO THE BEACH EVERY YEAR AS A KID. YOU KNOW, THE YOU HAVE THE KIND OF HISTORIC DOWNTOWN AREA OF MYRTLE BEACH THAT'S GONE THAT AREA ALL THE WAY FROM ABOUT HALFWAY THE START OF OCEAN DRIVE DOWN THROUGH TO THE OLD PAVILION A LITTLE BIT BEYOND TO WHERE THE OLD HISTORIC RESIDENTIAL SECTION STARTS OVER THE LAST SAY 20, 30 YEARS.

THAT AREA STARTED TO DEVELOP SOME PROBLEM PROBLEM AREAS A LOT OF TATTOO SHOPS, CBD AND VAPE SHOPS THAT ARE OPENING TATTOO PARLORS AND A FEW BUSINESSES SELLING LOT OF SEXUALLY ORIENTED MERCHANDISE TO A POINT THAT A LOT OF TIMES FAMILIES WERE STARTING TO ONLY STOP COMING BUT OUT JUST VERY VOCALLY COMPLAINING TO CITY COUNCIL TO THE PLANNING PLANNING OFFICIALS AND. SO IN 2018 THE TOWN COUNCIL ENACTED THE OCEAN BOULEVARD ENTERTAINMENT OVERLAY DISTRICT AND PUT AN ZONING OVERLAY OVER A 50 BLOCK AREA OF WHAT ENCOMPASSED THE TRADITIONAL HISTORIC OF ABOUT A QUARTER

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OF A MILE WIDE ABOUT TWO AND A HALF MILES LONG ROUGHLY A RECTANGLE BUT THE CITY COUNCIL WAS VERY CAREFUL IN DESCRIBING THIS OVERLAY DISTRICT HOW IT ENCOMPASSED AND FOLLOWED THE CONTOURS OF WHAT WAS THE HISTORIC DOWNTOWN ENTERTAINMENT DISTRICT AND THAT WAS IMPORTANT BECAUSE WHAT HAPPENED IS WITHIN THIS OVERLAY DISTRICT IT CREATED ADDITIONAL RESTRICTIONS ON THE BUSINESSES WITHIN THAT OVERLAY BECAUSE AS THE SUPREME COURT POINTED OUT THAT NOT ONLY WAS THIS A VERY KIND OF DEFINED WELL-DEFINED DISTRICT AS IT ACTUALLY ENCOMPASSED ABOUT TEN DIFFERENT CLASSIFICATIONS ZONING CLASSIFICATIONS WITHIN THE DISTRICT AND IT PLACED RESTRICTIONS ON THE ITEMS THAT BUSINESSES WITHIN OVERLAY DISTRICT COULD SELL AND IT PROHIBITED TATTOOS SHOPS, ANY KIND OF SMOKING PARAPHERNALIA UV VAPES, CBD AND IT ALSO PROHIBITED CERTAIN SEXUALLY ORIENTED MATERIALS AND SO IT WAS AND WHAT ALL OF THOSE PRODUCTS THEN IMMEDIATELY DEEMED A NON-CONFORMING PRODUCT AND IT GAVE A CERTAIN TIME PERIOD I THINK A LITTLE LESS THAN A YEAR FOR THESE BUSINESSES TO SELL WHAT LITTLE WHAT MERCHANDISE THAT WAS PROHIBITED SELL THAT AND ONCE THAT AMORTIZATION PERIOD WAS OVER THEY COULD NOT SELL IT AFTER THAT THERE WERE ABOUT 25 STORES THAT WERE IDENTIFIED THAT HAVE BEEN IMPACTED JUST BEFORE THE AMORTIZATION PERIOD ENDED NINE OF THESE 25 STORES FILED SUIT AGAINST THE CITY OF THEY FILED BOTH A STATE ACTION AND A FEDERAL ACTION IN CLAIMING A LOT OF THINGS INCLUDING A VIOLATION OF A COURT ACTION AND DUE PROCESS AND A FEDERAL CLAIM A AN UNCONSTITUTIONAL TAKINGS UNDER THE FIFTH AMENDMENT BECAUSE WHAT THAT WAS SAYING IS THAT STORES OUTSIDE OF THE OVERLAY DISTRICT WERE FREE SELL ALL OF THIS MATERIAL BUT IT WAS THE STORES WITHIN THIS OVERLAY ZONE WERE PROHIBITED FROM SELLING IT SO THEY WERE SAID THERE THEY WOULD CLAIM CLAIMING THAT THERE A DUE AND EQUAL PROTECTION VIOLATION IN THE FACT THAT THEY BEING TREATED DIFFERENTLY THAN SIMILARLY SITUATED STORES.

THE OTHER THEY WERE CLAIMING A DUE PROCESS VIOLATION BECAUSE THEY SAID THAT THE WAY THAT THIS OVERLAY ZONE WAS CREATED WAS ARBITRARY BECAUSE IT JUST WAS IT WAS NOT A WELL DEFINED AREA THAT IT WAS ENCOMPASSING TOO MANY DIFFERENT ZONING CLASSIFICATIONS AND AND THAT OF COURSE THE FEDERAL TAKINGS WAS THAT THEY WERE TAKING THEIR PROPERTY BY SAYING THEY COULD NO LONGER THESE ITEMS THAT THEY HAD TRADITIONALLY BEEN SELLING THE PAST. THIS IS WHAT MADE THIS OVERLAY CASE A LITTLE BIT DIFFERENT THAN A LOT OF TIMES WHAT YOU SEE IN TRADITIONAL OVERLAY ARGUMENTS THAT THERE BEING SPOT OWNED BECAUSE SOMEONE IN THE FUTURE CAN'T DO SOMETHING WHERE THIS CASE IS SOMEBODY IS ALREADY DOING SOMETHING AND THEY'RE PROHIBITED DOING IT IN THE FUTURE.

SO OUR SUPREME COURT WENT THROUGH A VERY EXHAUSTIVE ANALYSIS AND ORIGINALLY WHEN IT WENT TO THE CIRCUIT COURT CIRCUIT COURT DISMISSED EVERYTHING THEY SAID FIRST OF ALL IT'S NOT TAKING THERE THERE IS NO DUE PROCESS VIOLATION BECAUSE WHAT CITY COUNCIL DID WAS A VERY ORGANIZED STEP BY STEP PROCESS. THEY SAID THIS WAS WELL-DEFINED OVERLAY THAT IT HAD IT THERE WAS A REASONABLE REASON FOR CITY TO DO THIS THEY THEY HAD

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SHOWN WITH A OF EVIDENCE THAT NOT ONLY WERE RECEIVING COMPLAINTS FROM THE VERY PEOPLE THEY TRYING TO DRAW BACK TO MYRTLE BEACH IN THE DOWNTOWN AREA BUT THEY WERE SEEING INCREASES IN CRIME AND A LOT OF THOSE SOCIAL PROBLEMS ASSOCIATE WITH CRIME AND THEY THE NEGATIVE IMPACTS OF THE SPECIFIC ITEMS OF BUSINESSES THAT WERE THEY WERE PROHIBITING SO THEY SAID THIS WAS NOT A DUE PROCESS VIOLATION. THEY DISMISSED THE PROTECTION VIOLATION BECAUSE THEY SAID THESE STORES WERE NOT BEING TREATED ANY DIFFERENTLY THAN ANY STORE WITHIN THE OVERLAY EVERY EVERY BUSINESS WITHIN THE DISTRICT IS BEING TREATED EXACTLY THE SAME. YOU DON'T HAVE TO LOOK AT THE FACT THAT THIS WAS JUST OUTSIDE THE OVERLAY PARK BEING TREATED THE SAME WAY BECAUSE OF OVERLAYS HAVE BEEN RECOGNIZED LEAST AT THE FEDERAL CIRCUIT LEVEL AS A LEGITIMATE USE OF LAND USE CONTROLS BY LOCAL GOVERNMENT AND OUR FOURTH CIRCUIT WHICH IS CIRCUIT THE SOUTH CAROLINA IS AND THERE WAS A CASE ALL THE WAY BACK IN 2018 THAT DEALT WITH A SIMILAR OVERLAY AND NOT ONLY DID THE FEDERAL COURT IN THAT CASE SUMMARILY DISMISS DEVELOPERS ARGUMENTS ON SPOT ZONING, THE EQUAL PROTECTION AND DUE PROCESS VIOLATION AND THEY SAID THAT FRANKLY IT IS NOT THE BUSINESS THE FEDERAL COURTS TO BE DEALING WITH STRICTLY LOCAL GOVERNMENT LAND USE PLANNING QUESTIONS THAT IS SOMETHING FOR THE STATE COURTS TO DEAL WITH. SO I THINK AT LEAST CERTAINLY WITH THE FOURTH CIRCUIT IT IS A VERY TALL HILL FOR DEVELOPERS TO ATTACK NOT ONLY GENERAL OVERLAYS BUT RESTRICTIONS WITHIN THEM IS MOST OF THE TIME UNLESS YOU HAVE WHAT'S KNOWN AS A SUSPECT FOR A QUASI SUSPECT CLASS WHICH IS BASICALLY GOING TO BE A CLASS THAT IS ARGUING THAT THEY ARE DISCRIMINATED AGAINST BECAUSE OF A SUSPECT CLASS SUCH AS RACE, GENDER, RELIGIOUS AFFILIATED PROTECTED STATUS THE COURTS IF IT DOESN'T MEET THOSE SUSPECT CLASS THEY ARE THEY'RE GOING TO BASE EVERYTHING ON A REASONABLE REASONABLE REASONABLENESS STANDARD. IF IT WAS A SUSPECT CLASS YOU SAID YOU WOULD BE ANALYZING EVERYTHING UNDER STRICT SCRUTINY WHICH IS A MUCH LOWER BURDEN ON ON THE APPELLANTS TO ARGUE BUT IF YOU ARE TRYING TO ARGUE KIND OF WHAT'S CALLED THE RATIONAL BASIS WHICH IS REASONABLENESS, THAT'S AN INCREDIBLY HIGH BURDEN FOR A VILLAGE TO ARGUE BECAUSE THEY HAVE TO ARGUE THAT WHAT THE LOCAL GOVERNMENT DID TO THEM IS ARBITRARY IT'S CAPRICIOUS AND THERE'S NO BASIS FOR A GOVERNMENT TO MAKE THE DECISION THAT THEY DID IF IF THE GOVERNMENT CAN SHOW THERE IS A RATIONAL BASIS FOR ENACTING THE OVERLAY THEN PRETTY MUCH LOSES . BUT I FIND INTERESTING WHEN THIS ONE IS AND WE'VE BEEN SINCE I'VE BEEN ON THE QUESTION WE'VE DEALT WITH A COUPLE THE PROTECTIONS AND SO ON THAT WAS THE INTERPRETATION OF WHAT THE OVERLAY MEANT IN THIS CASE IT'S THE OVERLAY COMES IN AFTER THE STORY'S ALREADY THERE AND THEN DISSOLVES A BECAUSE NOW IS HIGHLIGHTED IN THE OVERLAY THERE'S NO GRANDFATHERING OF THOSE PARTICULAR TYPES OF ELEMENTS SO IT'S A LITTLE BIT DIFFERENT WITH TWIST THAN WHAT WE'VE DEALT WITH. YEAH BECAUSE TRADITIONALLY WHAT YOU HAVE IS YOU HAVE THE LOCAL GOVERNMENT ENACT AN OVERLAY DISTRICT AND THEN SOMEONE COMES

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IN AND TRIES TO ARGUE THAT THEIR USE SHOULD BE ALLOWABLE EVEN UNDER THIS OVERLAY BECAUSE EVERYONE ELSE COULD DO IT BUT THEY ARE FULLY AWARE THAT THE OVERLAY IS IN PLACE FOR EXAMPLE AND IF YOU READ WHAT THE SUPREME COURT HAS SAID IN AND IS IF IF YOU HAVE OF THE OVERLAY AND THE RESTRICTIONS, IT'S ALMOST IMPOSSIBLE THAT OUR SUPREME COURT WOULD ALLOW IT BECAUSE IF THEY'RE NOT GOING TO ALLOW IT IF FOR A USE THAT'S ALREADY IN PLACE BEFORE AN OVERLAY IS ENACTED THEY'RE CERTAINLY NOT GOING TO BE FRIENDLY TO A QUESTION OF OUR USE THAT IS NOT ALLOWABLE WITHIN AN OVERLAY IF THE OVERLAY IS ALREADY IN PLACE BEFORE YOU EVEN CONSIDER WHAT YOU WANT TO DO. YEAH IS IT UNUSUAL TO PROHIBIT A PRODUCT RATHER THAN A USE YOU KNOW THIS IS ONE OF THE THE EARLIEST OF THIS GENERALLY IT'S A LAND USE TO THIS IS IT'S A IT'S UNIQUE THAT THIS IS CERTAIN AND I THINK PART OF THAT MAY BE WHY THE COURT DIDN'T HAVE AS MUCH PROBLEM THESE ARE JUST PROBABLY ONE OF 50 PRODUCTS THAT THESE STORES WILL SELL ESPECIALLY SOME OF THE BIGGER ONES BECAUSE YOU HAD PACIFIC BEACH BEACHWEAR IS ONE OF THE PARTIES THAT'S AS THEY THEY'VE GOT CHAINS OF BEACHWEAR STORES UP AND DOWN THE STRIP IN MYRTLE BEACH. THEY SELL EVERYTHING T SHIRTS, BATHING SUITS AND TOWELS AND EVERYTHING ELSE. THEY'RE GOING OUT OF BUSINESS BECAUSE OF THIS. IF IF ALL YOU DO IS TATTOO YEAH ,YOU'RE NOT GOING TO BE ABLE TO OPERATE WITHIN THE OVERLAY YOU'VE GOT THE REST OF THE CITY OF MYRTLE BEACH AND OR E COUNTY TO OPERATE AND I THINK THAT'S MAYBE ONE OF THE REASONS WHY THE COURT DIDN'T HAVE A PROBLEM WITH THIS. AND IT'S INTERESTING JUST BECAUSE IT SEEMS TO OPEN UP WHOLE DEBATE ABOUT WHAT PRODUCTS ARE FAMILY FRIENDLY YOU KNOW, ALL OF A SUDDEN YOU CAN THINK ADULT MAGAZINE ADS, R-RATED MOVIES, ETC. ETC. IT GETS A LITTLE INTERESTING.

SO NOW THAT'S ONE ONE WAY I THINK CITY COUNCIL WAS WAS CAREFUL BECAUSE THINK THE LIST OF THE PROHIBITED ITEMS THAT WERE ADULT CAROL THINK WAS PRETTY WELL I THINK IT'S A LIMITED SET IT'S NOT JUST DEFINED AS OF ORIENTED BUT WITH THE LOSS OF THE CITY BY ALLOWING THIS IN THE FIRST PLACE WHICH PRECIPITATED THEM DOING THIS I MEAN THERE HAD TO BE A SIGNIFICANT LOSS OF TOURISM. YEAH, THAT WAS ONE OF THE REASONS WHY THEY ENDED UP HAVING TO ENACT THE OVERLAY DISTRICT IS UP WITHIN THE OLD STORY DISTRICTS THEY WERE SEEING A LOT OF A LOT OF PEOPLE MOVING OUT.

YOU DIDN'T HAVE THE TOURISTS COMING IN TO THAT AREA. THEY WERE GOING NORTH.

THEY WERE GOING SOUTH OR MAYBE OF THAT WAS THE FACT THAT PROBABLY JUST A FEW YEARS BEFORE THAT YOU HAD THE OLD PAVILION BEING DEMOLISHED. THE PARTS OF THE AMUSEMENT PARK GONE. BUT I MEAN THIS WAS LIKE AN AREA WHERE IN THE OLD DAYS YOU WOULD HAVE JUST A CONSTANT STREAM OF TRAFFIC DOWN OCEAN BOULEVARD THROUGH THIS AREA AND YOU'D HAVE PARENTS WITH KIDS OVER THERE AND AFTER A WHILE YOU DIDN'T SEE THOSE KIDS YOU DIDN'T SEE THE PARENTS YOU JUST SAW BASICALLY ADULTS AND YOU SAW TEENAGERS AND SO YEAH, I THINK PROBABLY THERE WAS A SIGNIFICANT INCOME LOSS THAT THEY WERE EXPERIENCING ARTS THE OTHER COLOR CASE AND I THINK FOR THOSE YOU WHO WERE HERE IN JUNE I TOUCHED ON THIS ONE OF THE FACTS RIGHT BEFORE THE PANDEMIC THE COURT OF APPEALS ISSUED AN OPINION IN A GREENVILLE COUNTY CASE THAT INVOLVED A PLANNING COMMISSION UP THERE LIKE MOST COUNTIES

[00:40:03]

[00:45:06]

HAVE ADVERSE IMPACTS ON SAY THEIR LAND VALUES AND I THINK THE COURT ALMOST GOING TO HAVE TO SAY THEY'RE ARE PARTY INTEREST THE THE COURTS ARE VERY CAREFUL TO SAY HOWEVER THAT THE GENERAL PUBLIC IS NOT A GUARDIAN INTEREST. SO IF IT'S JUST IT'S JUST PEOPLE OUT THERE THAT THEY DON'T LIKE DEVELOPMENT IF THEY CAN'T SHOW AN INJURY THEY'RE NOT GOING TO BE A PARTY INTEREST AND THAT'S SOMETHING THAT I BRING THIS UP BECAUSE I THINK AS A PLANNING COMMISSION AND ZONING BOARDS ANYTHING I THINK YOU HAVE START LOOKING ESPECIALLY IF YOU'VE GOT INTEREST GROUPS THAT ARE APPEARING BEFORE YOU YOU'RE GOING TO HAVE A QUESTION GOING FORWARD IS ARE THEY PARTY TO INTEREST? ARE THEY GOING TO BE ABLE TO APPEAL YOUR DECISIONS IF THEY DON'T LIKE IT SOME? OF THE OTHER CASES THAT WE HAVE WE HAVE THERE'S AN ATTORNEY GENERAL'S OPINION FROM I THINK LAST YEAR OR THE YEAR BEFORE. BUT IT'S INTERESTING BECAUSE HAD THE QUESTION OF WHEN A PLANNING COMMISSION MAKES A RECOMMENDATION OR UPDATES AMENDMENTS TO ANY OF THE ORDINANCE WHETHER IT'S THE COMPREHENSIVE PLAN, WHETHER IT'S A ZONING ORDINANCE, THE LAND DEVELOPMENT REGULATIONS IS WHAT CAN A COUNTY COUNCIL COUNCIL WHAT CAN THEY DO WITH THAT RECOMMENDATION? DO THEY HAVE TO ACCEPT OR REJECT IT FIRST THEN SEPARATELY AMEND IT LATER? ATTORNEY GENERAL SAYING GENERALLY THE COUNCILS WHETHER IT'S CITY OR CABINET OR COUNTY THEY ARE LEGISLATIVE BODIES. THEY HAVE ALL OF THE POWER THAT ENCOMPASSES A LEGISLATIVE ACTION. SO THEY CAN THEY CAN ACCEPT IT.

THEY THEY CAN ACCEPT YOUR RECOMMENDATION THEY CAN REJECT YOUR RECOMMENDATION AND SEND IT BACK TO YOU FOR FURTHER RECOMMENDATIONS OR THEY CAN ACCEPT AND MODIFY AND AT THE SAME TIME THEY DON'T HAVE TO REJECT IT AND ASK YOU TO RECONSIDER IT WITH WITH AMENDMENTS THAT THEY RECOMMEND THEY CAN GO AHEAD AND THEY CAN AMEND IT WITH WHATEVER AMENDMENTS THEY WANT. THE OTHER CASE TO LOOK AT FROM THIS YEAR IS AN INTERESTING OUT OF THE TOWN OF SIMPSONVILLE AGAIN IN GREENVILLE COUNTY. THIS IS A CASE THAT IF YOU'RE EVER BOUGHT AND YOU JUST WANT SOMETHING ENTERTAINING READS GET AHOLD OF A CASE CALLED.

I THINK IT'S LOCKERBIE VERSUS TOWN OF SIMPSONVILLE AND THE CENTERVILLE TOWN HALL NOW IT'S TOWN COUNCIL MEMBER THAT IS BECOMING I THINK A BIGGER ISSUE EVERY MONTH.

I KNOW Y'ALL Y'ALL HAVE IT HERE WE HAVE A CERTAIN CITIZENRY I'M NOT GOING TO NAME NINA COME THAT ARE THAT ARE VERY BOISTEROUS OF SOME COUNCILS ARE HAVING THE PROBLEM NOW THAT NOT ONLY IS IT CITIZENS IT'S AN END ONE OR TWO INDIVIDUAL MEMBERS TOWN OF CENTERVILLE HAD THIS ONE MEMBER THAT USED TO ARGUE SO MUCH THAT IT GOT TO THE POINT WHERE MEETINGS COULDN'T CONTINUE. SO TOWN OF CENTREVILLE AMENDED THEIR RULES TO ALLOW NOT ONLY THE REMOVAL OF AN INDIVIDUAL NUMBER OF THE PUBLIC BUT AN INDIVIDUAL MEMBER OF THE BODY FOR CONDUCT SO UNBECOMING THAT A MEETING COULD NOT IF THEY ARE SO DISRUPTIVE THEY FINALLY THIS ONE MEETING AND THE COURT WAS VERY CAREFUL THEY ACTUALLY SOME OF THE TRANSCRIPT FROM THE MINUTES OF THE FIGHT BETWEEN THIS COUNCIL MEMBER AND THE MAYOR IF BLIGHT WERE FINALLY DEAD BUT IT WAS CALLED TO HAVE HER REMOVED AND THAT TRANSCRIPT ALONE IS WORTH READING I THE

[00:50:05]

THE MAYOR AS, THE CHAIRMAN, THE PRESIDING OFFICER OF THIS BODY ON MOTION BY A MEMBER HAD THIS MEMBER REMOVED FROM THE MEETING AS A MEMBER OF COURSE NOT LIKING THAT FILE SUIT SO REALLY THAT HAYES KIND OF ANSWERED THE QUESTION THAT WE HAD BEEN WAITING FOR I LIKE TO SAY THAT LEGISLATIVE BODIES WHETHER IT'S COUNTY COUNCIL OR CITY COUNCIL BECAUSE DISCIPLINE IS A PART OF THE LEGISLATIVE FUNCTION OF THE BODY. THE BODY CAN REMOVE A NUMBER FROM AN INDIVIDUAL MEETING OF THE ATTORNEY GENERAL THAT ALREADY SAID IT THOUGHT POSSIBLY THAT THIS WAS AUTHORIZED BUT WENT FURTHER IN SAYING THAT YOU NEEDED TO BE CAREFUL BECAUSE YOU COULD ONLY DO IT FROM THAT PARTICULAR MEETING.

YOU CANNOT BAR THEM FROM FUTURE MEETINGS BECAUSE IN HIS OPINION THAT WOULD BE AFFECTING THAT PERSONS APPOINTED FOR ELECTED TERM OF OFFICE AND YOU DON'T HAVE THE LEGISLATIVE AUTHORITY TO DO THAT ONLY THE GENERAL ASSEMBLY CAN SO YOU CAN IF YOU WANT TO RAISE IN IN A MEETING CHAIRMAN CAN HAVE YOU REMOVED FOR THE MEETING BUT THEY CAN'T ARGUE THAT'S MY QUESTION.

I KNOW THE LEGISLATIVE BODIES WERE ADVISORY BOARD TO AN A LEGISLATOR BUT THEY WERE NOT A LEGISLATIVE BODY PER SAY. BUT WE'VE INCIDENTS WHERE WE'VE HAD PEOPLE BEING VERY BOISTEROUS CAN RECALL A SPECIFIC ONE, A CORPORATE LAWYER DOING THE COMPREHENSIVE PLANT ALTHOUGH YOU'RE NOT A LEGISLATOR BODY, YOU ARE A QUASI JUDICIAL BULWARK CREATED AND APPOINTED BY THE LEGISLATIVE BODY AND YOU HAVE AUTHORITY UNDER THE COMPREHENSIVE PLANNING ACT DIRECTLY TO ADOPT YOUR OWN RULES OF BUSINESS.

YEAH. SO IF YOU WANT TO HAVE THE AUTHORITY TO REMOVE A NUMBER OF UNBECOMING YOU NEED TO AMEND YOUR RULES TO ALLOW IT AND NEED TO HAVE A PROCESS FOR IT.

I WOULD SAY MAKE IT A MOTION A DECISION OF THE BODY AND THAT YOU AS CHAIRMAN YOU NEED TO HAVE A NEUTRAL PARTY LIKE A DEPUTY REMOVE THEM FROM THAT MEETING AND THAT'S THE SAME PROCESS THAT I WOULD USE IF YOU NEEDED TO REMOVE A MEMBER OF THE PUBLIC BECAUSE I WOULD NEVER SOMEONE ON STAFF OR GOD FORBID YOU OR MEMBER OF THE BODY DO IT THEMSELVES.

SO I WOULD HAVE TO HAVE A DEPUTY DO IT BUT I JUST WONDER IF WE CAN MAKE AN APPOINTMENT UNDER ORANGE JUNCTION THE U.S. DEPARTMENT OF CORRECTIONS. ALL RIGHT.

THE OTHER THE OTHER THING THAT IS THAT CAME OUT OF THAT MEETING THAT OUT OF THAT DECISION I THINK IS A STROKE OF LUCK FOR US IS THAT THE COURT OF APPEALS ALSO RECOGNIZED THAT YOU AS CHAIRMAN IF YOU ORDERED THE REMOVAL OF SOMEONE THE DECISION THE BODY THAT'S A LEGISLATIVE ACT BUT YOU YOUR ACTIONS WOULD BE ADMINISTRATIVE BUT THE COURT SAID UNDER THE TORT CLAIMS ACT ADMINISTRATIVE ACTIONS IN FURTHERANCE OF A LEGISLATIVE ACT STILL RETAIN IMMUNITY IN THE CLAIMS ACT WHICH IS THE RIGHT OF JUST LIKE QUASI SUED OUR JUDICIAL QUASI JUDICIAL IMMUNITY. THAT IS ABSOLUTE THAT'S NOT ONE OF THOSE THAT THAT SAYS THAT IT'S IMMUNE UNLESS DONE IN A GROSSLY NEGLIGENT MANNER IS.

IT IS A COMPLETE LEGISLATIVE IMMUNITY. WOW JOB LOSS WAS THAT CASE AGAIN THAT WE DIDN'T HEAR SO LOCKERBIE VERSUS LOCKERBIE NOW LOCKERBIE VERSUS THE TOWN OF SIMPSONVILLE? YEAH, I DIDN'T PUT IN THIS GUY BECAUSE IT ACTUALLY DOES CORRESPOND TO ANYTHING WITHIN THE BOOK AS MORE OF A CASE FOR THE ATTORNEYS THAT OUT NEXT WEEK IRA. ALL RIGHT, THANKS. I'VE GOT A COUPLE MORE MINUTES I WANT TO SCARE Y'ALL WITH ONE THING. OH OH.

I THINK ALL THE ONES OF YOU WHO WERE HERE IN JUNE MAY HAVE TOUCHED ON THIS.

BUT I WANT TO TALK A LITTLE BIT ABOUT SOCIAL MEDIA USE BECAUSE SOMETHING HAPPENED DOWN IN THE TOWN OF GEORGETOWN THAT YOU NEED TO BE AWARE OF FOR THOSE OF YOU WHO HAVE BEEN IN SOUTH

[00:55:04]

CAROLINA ENOUGH I KNOW Y'ALL ARE PROBABLY FAMILIAR WITH GEORGETOWN STEEL, THE OLD STEEL RIGHT DOWN ON THE WATERFRONT THERE WITHIN THE TOWN LIMITS OF GEORGETOWN.

IT IS BY INTEL YEARS AGO BY LIBERTY STEEL THERE THE TOWN OF GEORGETOWN ZONING ORDINANCE PROVIDE THEY THEY AMENDED THEIR ZONING TO REMOVE HEAVY INDUSTRIAL USES LIKE THE STEEL MILL THAT AREA OF GEORGETOWN WHICH IMMEDIATELY PROVIDED THAT THE STEEL MILL WAS A NONCONFORMING USE BUT OF COURSE IT WAS GRANDFATHERED AND COULD CONTINUE.

HOWEVER THEIR ZONING ORDINANCE PROVIDED THAT IF A NONCONFORMING ZONING USE CEASED OPERATIONS FOR MORE THAN 12 MONTHS IT WAS NO LONGER CONSIDERED TO BE GRANDFATHERED AND WAS NOW A NON COMPLYING USE IN THAT ZONE AND IT HAD TO CEASE.

THAT'S WHAT UPSETS A THAT IS A GENERAL TACTIC WITHIN SOME ZONING ORDINANCES TO OUT USES THAT CAN EITHER DO AN AMORTIZATION OF NUMBER OF YEARS IT HAS TO CEASE PROVIDE A MECHANISM IF IT CEASES THE USE AFTER A CERTAIN NUMBER OF MONTHS THAT IT LOSES ITS GRANDFATHER PROVISION TOWN OF GEORGETOWN AMENDED THAT PRIOR TO 2019 WE ALL KNOW WHAT HAPPENED TO 2020 GEORGETOWN STEEL THEY HAD TO SHUT DOWN BECAUSE OF THE PANDEMIC THEY SHUT DOWN FOR A LITTLE OVER 13 MONTHS OR SO A WHEN THEY WENT TO REOPEN.

WE'RE NOT WE'RE TOLD THAT THEY WERE NONCOMPLIANT THEY THAT APPEALED REQUESTED A VARIANCE UM ON THE BASIS THAT THIS WAS A NATIONAL AND STATE EMERGENCY THAT THEY SHUT DOWN LARGELY BECAUSE OF THE GOVERNOR'S EXECUTIVE ORDER THAT HAD BEEN RENEWED COUPLE COUPLE OF HUNDRED TIMES OVER A LITTLE OVER THAT YEAR. THE PROBLEM AROSE WHEN THE CHAIRMAN OF THE ZONING BOARD OF APPEALS WHO WAS ON RECORD AS DISLIKING THE STEEL MILL SHE WAS OF THE OPINION THAT IT SHOULD BE BULLDOZED AND THAT THAT PROPERTY WAS RIPE FOR REDEVELOPMENT IN A MUCH FRIENDLY WAY TO DOWNTOWN GEORGETOWN DEVELOPERS WANTED.

THAT PROPERTY AND SHE MADE IT KNOWN THAT SHE WAS AN OPPONENT OF THE STEEL MILL NOT ONLY IN THE PRESS BUT ALL OVER HER PRIVATE SOCIAL MEDIA PAGE THE. PROBLEM WITH THAT IS WHEN YOU HAVE A STEEL MILL YOU HAVE THE TEAMSTERS ACCOUNT THE UNION PRESIDENT FILED NOT ONLY LAWSUIT AGAINST THE TOWN THE ZONING BOARD AGAINST HER BUT THEN FILED AN ETHICS COMPLAINT AGAINST HER WITH THE ETHICS COMMISSION. I PROBLEM WITH THAT IS THE ETHICS COMMISSION SAID THAT HER ACTIONS DIDN'T FALL WITHIN THE ETHICS ACT BECAUSE ETHICS ACT REALLY ONLY DEALS WITH ACTIONS WHICH ARE IN FURTHERANCE OF AN ECONOMIC INTEREST ON THE PART OF THE PUBLIC OFFICIAL SO THE TEAMSTERS PULLED THEIR COMPLAINT.

HOWEVER IF IT'S NOT COVERED UNDER ETHICS ACT IT BECOMES A TORT AND THE PROBLEM WITH TORTS THAT BECAUSE HER ACTIONS IT'S CLEAR THAT SHE INTENTIONALLY WAS MAKING THOSE REMARKS ON HER ON HER PRIVATE FACEBOOK PAGE AND MOST LIKELY SHE WOULD NOT BE PROTECTED UNDER THE TORT CLAIMS ACT BECAUSE THOSE WERE INTENTIONAL ACTS AND INTENTIONAL ACTS ARE NOT COVERED UNDER TORT CLAIMS ACT PROTECTIONS JUST LIKE CRIMINAL ACTIONS ARE NOT COVERED . SO NOT ONLY IS THERE NOT PROTECTIONS OR CLAIMS ACTION

[01:00:05]

THAT MEANS THEY COULD GO AFTER HER PERSON AND SHE WOULD BE PERSONALLY LIABLE.

SO I WANT TO END BY JUST SAYING BE VERY CAREFUL AS PUBLIC OFFICIAL IF YOU ARE MAKING COMMENTS EITHER ON SOCIAL MEDIA OR THE PRESS IN YOUR PERSONAL CAPACITY IF YOU ARE IF YOU GET QUESTIONS FROM THE PRESS, I HOPE THAT YOU HAVE A PROCESS ON HOW YOU ANSWER AND DO SO IN YOUR PUBLIC CAPACITY. WE TELL THEM TO CALL IT CIVIL COURT AS LONG AS IT'S WITHIN YOUR PERSONAL CAPACITY IT'S NOT . GENERALLY WE'LL HAVE A QUASI JUDICIAL COMMUNITY AND AGAIN THAT'S ONE OF THOSE BLANKET IMMUNITIES ELDERS CAN SUMMARILY WAIVE. SO ANY OTHER QUESTIONS BEFORE I FINISH? YES. OKAY I MAY MISS SOMETHING. HAS THAT CASE BEEN DECIDED? IT'S PRETTY MUCH THAT ONE GOT SERVED BECAUSE THE STEEL MILL STILL IN OPERATION.

OKAY. AND SHE'S NO LONGER CHAIR. AND THE SECOND QUESTION YOU HAD MENTIONED BEFORE THERE'S A PROGRAM BELIEVE MONDAY. YES, I DOUBT I'M MAY HAVE RECEIVED IT OR IT MAY HAVE GONE INTO JUNK MAIL. ARE WE SUPPOSED TO RECEIVE NOTIFICATION THOSE PROGRAMS SO WE CAN WATCH THEM ON THE SCREEN AND YOU SHOULD IF WE IF WE IF WE HAVE YOUR EMAIL IN OUR SYSTEM YOU WILL AUTOMATICALLY GET AN EMAIL.

IF NOT ROBERT YOU SHOULD GET AN EMAIL WITH WITH INFORMATION ON IT WHOEVER WE HAVE IN DATABASE FOR THE COUNTY WILL AUTOMATICALLY GET IT. YOU CAN REGISTER YOU CAN STILL REGISTER IT'S AVAILABLE ON OUR WEBSITE AT SC COUNTIES DOT ORG JUST LOOK FOR THERE IS A TAB AT THE TOP TRAININGS OUR EDUCATION AND TRAININGS YOU'LL SEE THE IT'S NOVEMBER 13TH IT IS AGAIN THE MORNING SO IF YOU ARE WORKING AND CAN'T ATTEND IT WILL BE AVAILABLE WITHIN A OF DAYS WHERE YOU CAN WATCH IT AFTERWARDS AND ALL OF OUR TRAININGS THAT WE THAT ARE PLANNING AND ZONING RELATED AS LONG AS YOU ARE REGISTERING WITH YOUR EMAIL ADDRESS ONCE YOU'VE FINISHED IT SHOULD AUTOMATICALLY GENERATE A CERTIFICATE FOR YOU AND IT WAS AND IT'S A THREE HOUR PROGRAM SO IT'LL COVER YOUR ENTIRE 3 HOURS FOR THE YEAR RIGHT.

YES JUST WHAT WOULD IT TAKE TO MAKE IT MANDATORY FOR COUNTY COUNCILS TO HAVE MANDATORY TRAINING IN PLANNING AND ZONING GENERAL ASSEMBLY WOULD HAVE TO AMEND THE HOME RULE ACT TO REQUIRE OKAY I WANT COUNTY COUNCIL BUT I DISAPPOINTS ME HOW SOME COUNTY COUNCIL VOTE ON DIFFERENT THINGS THAT THE PLANNING COMMISSION DOES HAVE CLASSES ON AND THEY HAVEN'T EVER HAD A CLASS JUST THAT'S MY PERMIT THE MOMENT I WILL SAY THAT WE COVER PLANNING AND ZONING REQUIREMENTS PRETTY IN-DEPTH THIS YEAR COUNTY COUNCIL MEMBER IS TAKING THE LEVEL ONE INSTITUTE GOVERNMENT CLASS IF I TAKE THE TO ENCOURAGE OF THAT I DON'T TAKE THOSE AND WE ENCOURAGE EVEN IF THEY'RE NOT TAKING INSTITUTE TO VIEW SOME OF THOSE TRAININGS I ,I JUST WANT TO SAY THANK YOU FOR YOUR BEING HERE. WELL WELL SHARING SHARING WITH US SOME OF THE LATEST REGULATORY CHANGES AMENDMENTS AT THE STATE LEVEL WE'RE IN THE PROCESS OF TRYING TO UPDATE OUR RULES OF PROCEDURE WERE LAST UPDATED IN 2000 OR SO SUBMITTED TO DEVELOPMENT OUR RECOMMENDATIONS FOR THOSE UPDATES YOU CERTAINLY GIVEN US A COUPLE ADDITIONAL THINGS TO THINK ABOUT WILL BECAUSE ULTIMATELY WHAT PUT FORWARD SHOULD BE APPROVED BY COUNTY COUNCIL I YOUR TIME AND IN DOING THIS AND I HOPE YOU ALL HAVE ACCESS TO THE CAC WEBSITE EPISODES YOU CAN ACCESS ANY KIND OF TRAINING PROGRAM WE THINK ABOUT ITS PLANNING IT PRETTY MUCH LAYS IT OUT FOR THE CALENDAR YEAR YES AND FOR THOSE OF YOU WHO NEED IT MY EMAIL ADDRESS IS J AND J JDL. OKAY A C H E AT SC AC DOT SC

[01:05:20]

AND IF YOU WANT TO MAKE SURE THAT YOU GET INTO OUR DATABASE IF YOU'LL JUST SEND ME YOUR INFORMATION I WILL GIVE IT TO JENNIFER AND MAKE SURE IT GETS PUT INTO OUR Y DATABASE SO THAT WHEN WE DO HAVE TRAININGS THAT YOU'LL AUTOMATICALLY GET NOTIFIED.

OF COURSE BECAUSE THAT THREE HOUR WEBCAST WE DO THAT EVERY YEAR THINK WE'RE PROBABLY GOING TO MOVE IT INTO THE SPRING BECAUSE I THINK HAVING IT IN NOVEMBER IT'S BEEN A PROBLEM AND I'M TRYING GET IT TO WHERE WE HAVE ALSO AVAILABLE IN THE AFTERNOONS WE TRADITIONALLY HAVE ALWAYS STARTED AT 9:00 IN THE MORNING AND OUR MOST APPOINTED OFFICIALS HAVE JOBS OUTSIDE OF THIS. I'M ASSUMING WE CAN TAKE AN HOUR'S WORTH OF CREDIT THE TRAINING WE JUST RECEIVED. YES. AND WHEN I GET BACK INTO THE ON WEDNESDAY I'LL CREATE A CERTIFICATE NOW SAID DID HAVE A BEGINNING NEAR THE END OF THE YEAR AND WE NEED TO MAKE WE DON'T LET IGNITE AND GUPTILL YEAH THANK YOU SIR I APPRECIATE IT. THANK YOU, JIM. THANK YOU.

[8. CHAIRMAN’S REPORT]

THANK YOU, JOHN. IF IF YOU ALL HAVE ANY QUESTIONS AFTER I'LL BE FEEL FREE TO EMAIL ME. THANK YOU. SO I'M GOING TO GO TO CHAIRMAN'S REPORT AND A COUPLE OF THINGS I JUST WANT TO DO VERY QUICKLY.

I WANT INTRODUCE THE PUBLIC MIGHT WATCHING OR THOSE WHO WILL SEE THE VIDEO AT SOME FUTURE TIME OR NEWEST COMMISSIONERS PETE COOK RIGHT SMILE AT THE CAMERA WHERE IT HAPPENS AND EUGENE MYERS TO MYERS AND JUST YOU TWO TO A COUNCILMAN ALICE HOWARD WHO IS OUR LIAISON TO COUNTY COUNCIL AND VERY AND KEEPING US AWARE OF WHAT IS GOING ON AND RELAYING OUR MESSAGE TO COUNTY COUNCIL I THINK ALL ADULTS TALK TO DEDICATION AND VOLUNTEERING TO DO IT AND AN EXCITING PAST YEAR IT WILL CONTINUE TO BE AT A FUTURE OF THE PLANNING COMMISSION. OKAY. A COUPLE OTHER QUICK THINGS WE ARE CREATING IN DECEMBER AS INDICATED BECAUSE WE DON'T HAVE ANY APPLICANTS THAT HAVE COME FORWARD A DEADLINE WHICH TODAY SO WE WILL THIS IS OUR LAST MEETING BEFORE JANUARY WE WILL PUT OUT WITH THESE MINUTES A COPY OF THE PROPOSED 2024 SCHEDULE FOR MEETING AND SO YOU LOOK FOR WAS THAT I WAS HOPING AT SOME FUTURE DATE WE'VE BEEN OFFERED BY THE CHAIRMAN OF THE GREENSPACE COMMITTEE TO A PRESENTATION ON GREENSPACE PRESENTATIONS.

I WAS HOPING YOU COULD DO IT IN JUNE AND NOVEMBER OR DECEMBER. IS THAT AVAILABLE IN NOVEMBER NOW WE'RE NOT GOING TO BE ABLE IN DECEMBER SO PERHAPS NEXT YEAR OR WE CAN HAVE ONE OF OUR STAFF PEOPLE PRESENT IT TO OUR COUNCIL PERSON. HOWARD IS ALSO ON THAT COMMITTEE AND NEWLY FORMED IT'S MOVING FAST AND FURIOUS TOWARDS FIRST FIVE APPLICATIONS SO MORE TO BE ON NOW I THINK YOU'LL FIND IT VERY INTERESTING I'VE BEEN TOLD THAT WE WILL SEE AN TO THE COMPREHENSIVE PLAN UPDATES THAT HAVE BEEN GENERATED THROUGH THE LAST TWO YEARS MAYBE PERHAPS IN JANUARY JUST AHEAD OF THE RETREAT THAT COUNTY COUNCIL TAKES US AGAINST SOME GREAT THINGS THAT HAVE ACCOMPLISHED THAT WE WANT THE COUNTY COUNCIL TO BE AWARE.

SO THAT'S IT AND IF YOU HAVE ANYTHING FURTHER TO THE COURSE ,ANYTHING ELSE YOU WANT TO DISCUSS

* This transcript was compiled from uncorrected Closed Captioning.

Nov 06, 2023 Planning Commission

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