Nov 02, 2020 Natural Resources Committee

[00:00:08]

SEEING AS

[1. CALL TO ORDER]

THANK YOU.

[3. PUBLIC NOTIFICATION OF THIS MEETING HAS BEEN PUBLISHED, POSTED, AND DISTRIBUTED IN COMPLIANCE WITH THE SOUTH CAROLINA FREEDOM OF INFORMATION ACT]

ALL RIGHT.

[4. APPROVAL OF AGENDA]

SO MOVE MADAM CHAIRMAN.

OKAY.

MOTION MADE BY COUNCILMAN TOILING.

DO I HAVE A SECOND? I DON'T HAVE A SECOND TO APPROVE THE AGENDA.

I'LL SECOND.

OKAY.

DID WE HEAR FROM MR. DOLL? COUNCILMAN DOLPHIN MADE THE SECOND WITHOUT OBJECTION THAT THE AGENDA IS APPROVED? NO OBJECTIONS.

OKAY.

THANK YOU.

[5. APPROVAL OF NATURAL RESOURCE MINUTES FROM OCTOBER 5, 2020]

OCTOBER 5TH, MADAM CHAIRMAN.

OKAY.

COUNCILMAN FOILING MADE A MOTION AND A SECOND.

SORRY AGAIN.

OKAY.

MR. SOMMERVILLE, OR IT WAS CHRIS.

OKAY.

WITHOUT OBJECTION.

THE MINUTES ARE APPROVED FOR OCTOBER 5TH, 2020.

AT THIS TIME, WE WILL TAKE CITIZENS' COMMENTS IN WRITING OR BY AVAILABLE ONLINE AT OUR WEBSITE.

DO WE HAVE ANY PUBLIC COMMENTS? WE HAVE NO PUBLIC COMMENTS.

OKAY.

THANK YOU.

[7. CONSIDERATION OF AN ORDINANCE REGARDING A TEXT AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE (CDC): SECTION 5.12.20 TO MAKE COMMUNITY DEVELOPMENT CODE CONSISTENT WITH PENDING SOUTHERN LOWCOUNTRY STORMWATER ORDINANCE AND DESIGN MANUAL]

IT IS A CONSIDERATION OF AN ORDINANCE REGARDING A TEXT AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE, SECTION 5.1 2.20.

TO MAKE COMMUNITY DEVELOPMENT CODE CONSISTENT WITH THE PENDING SOUTHERN LOW COUNTRY STORMWATER ORDINANCE AND DESIGN MANUAL.

OKAY.

I'M NOT SURE WHAT HAPPENED TO ROB, BUT I'LL GO AHEAD AND TAKE CARE OF THOSE.

ESSENTIALLY.

THIS IS JUST A MINOR TEXT AMENDMENT THAT IS TO ALIGN THE LANGUAGE IN THE CDC WITH THE ITEM THAT WILL BE DISCUSSED LATER, UH, WITH THE, UH, LOCO LOW COUNTRY STORM WATER ORDINANCE AND DESIGN MANUAL.

ESSENTIALLY, WE'RE JUST CHANGING THE REFERENCE IN THE CDC TO REFERENCE THE NAME OF THAT PARTICULAR CODE AND DESIGN MANUAL WHENEVER ADOPTED.

SO NO, NO SIGNIFICANT CHANGES THERE OTHER THAN JUST RENAMING A FEW SECONDS, A FEW SECTIONS TO REFERENCE AND CHANGE THE NAME, UH, TO THE, UM, LOW COUNTRY STORMWATER ORDINANCE AND DESIGN MANUAL.

AND THAT'S ALL WE HAVE UNLESS YOU IVY IN QUESTION STAFF RECOMMENDS APPROVAL, CORRECT? THAT'S CORRECT.

YES.

OKAY.

IS THERE ANY QUESTIONS REGARDING THIS CHANGE? I SEE NONE.

I HAVE A MOTION TO ADOPT THIS CHANGE, SO MOVE MADAM CHAIRMAN.

OKAY.

COUNCILMAN DWELLING.

THANK YOU.

AND WE NEED A SECOND FOR THAT, PLEASE.

PAUSE SECOND MADAM CHAIRMAN.

OKAY.

THANK YOU.

ALL RIGHT.

WAS THAT OBJECTION? UH, THAT NUMBER SEVEN ACTION ITEM WILL BE ADOPTED AND PASS ON.

[8. SOUTHERN LOWCOUNTRY DESIGN TECH MANUAL AND UPDATES TO BEAUFORT COUNTY STORMWATER ORDINANCE]

WE'RE DOWN TO NUMBER EIGHT AND THIS WILL BE PRESENTED BY, UH, MR. FROM STORMWATER AND PUBLIC WORKS.

AND ARE YOU GOING TO DO EIGHT AND NINE? CORRECT? MR. CHAIRMAN.

OKAY.

NUMBER EIGHT.

IS THIS A SOUTHERN LOW COUNTRY DESIGN TECH MANUAL AND UPDATES TO THE BUFORD COUNTY STORMWATER ORDINANCE? WE GOT IT UP THERE ON THE STRING.

OKAY, GO AHEAD.

[00:05:02]

UH, THE SILICO AS IT'S AFFECTIONATELY CALLED THE SILICONE DESIGN MANUAL IS, IS BASICALLY THE EFFORTS OF REGIONALIZATION OF ALL THE LOCAL MUNICIPALITIES IN THE REGION TO ADOPT A COMPREHENSIVE, A VERY SIMILAR DESIGN MANUAL THROUGHOUT THIS G REGION, UH, BUFORD COUNTY, THE MUNICIPALITIES WITHIN PER COUNTY, JASPER COUNTY AND THE CITY OF HARTSVILLE.

UH, WE ARE ON TRACK IF, IF, IF APPROVED AND PASSED ON TRACK TO IMPLEMENT THIS PARTICULAR MANUAL AT THE END OF JANUARY, UM, I BELIEVE THE TOWN OF BLUFFTON IS ALSO ON A SIMILAR TRACK AND THE OTHER MUNICIPALITIES WILL BE FOLLOWING SHORTLY THERE OF, UH, BASED ON THEIR SPECIFIC NEEDS.

AND THIS REPRESENTS A LONG SLUNG EFFORT AT WORK.

CORRECT.

HOW MANY, COUPLE OF YEARS PROBABLY OF WORK BY THE LOCAL GROUP? THIS, THIS ENDEAVOR STARTED PROBABLY IN EARLY 29.

UM, SO THROUGH SEVERAL SERIES OF, OF MEETINGS WITH THE MUNICIPALITIES TO KIND OF FINE TUNE THIS MANUAL, WE ENDED UP WITH A PRODUCT OF SOMEWHAT, UH, MARCH OF THIS YEAR.

AND THEN, UH, AFTER THAT WAS COMPLETED, BUFORD COUNTY THEN SENT THIS DOCUMENT.

INTERDEPARTMENT INTERDEPARTMENTALLY TO GET COMMENTS FOR MORE, UH, UH, DEPARTMENTS WITHIN, HEY, THIS TIME I'D LIKE TO OPEN IT UP FOR QUESTIONS, COUNSEL, COUNSEL ON TWIRLING.

YEAH.

HI, THANK YOU.

UH, THANK YOU, MADAM CHAIRMAN.

THANK YOU, MR. DECIDE FOR PRESENTING THIS TODAY, AS I'M SURE YOU'RE AWARE.

IT'S UM, UM, THIS IS THE PRODUCT OF A LONG STANDING DESIRE BY BUFORD COUNTY AND ITS CITIZENS TO, TO HAVE A STORMWATER ORDINANCE THAT APPLIES BEYOND THE BORDERS OF BUFORD COUNTY, BECAUSE SO MUCH OF SO MUCH OF THE WATER THAT ENDS UP IN OUR RIVERS ORIGINATES ELSEWHERE.

UM, THAT BEING SAID, I'M WONDERING, CAN YOU, CAN YOU ASSURE ME THAT, UM, TWO THINGS THAT THE ORDINANCE THAT WE HAVE IN FRONT OF US, THE STANDARDS THAT ARE SET ARE AT A MINIMUM AS THE STANDARDS WE PREVIOUSLY, I, SOMEBODY ELSE IS MAKING NOISE.

DID YOU HEAR ME, MR. ? YES, SIR.

MR. I BELIEVE THEY'RE THERE NOT ONLY AT THE SAME STANDARD, BUT I THINK THEY'RE SLIGHTLY ABOVE WHAT IS BEING REQUIRED.

UH, SO THEREFORE THAT THE, UH, PARTICULAR APPLICANTS THAT COME IN FOR APPLICATIONS FOR DEVELOPMENT WITHIN BUFORD COUNTY WILL FIND THAT THERE IS GOING TO BE A SLIGHT DIFFERENCE IN, IN THOSE STANDARDS FROM BOTH A WATER QUANTITY AND A WATER QUALITY ASPECT.

WHAT'S THE WATER QUANTITY ASPECT.

THE QUANTITY ASPECT IS WHAT WE ARE LOOKING AT AS FAR AS PARTICULARLY HOLDING BACK RUNOFF, UH, THAT EITHER AFFECTS DOWNSTREAM PROPERTIES OR RIGHT.

I UNDER, I UNDERSTAND WHAT RUNOFF IS, BUT CURRENTLY OUR STANDARD IS YOU NEED TO RETAIN, I BELIEVE 90% OF, UH, OF THE WATER THAT FALLS ON YOUR PROPERTY WITHIN THE BOUNDARIES OF YOUR PROPERTY.

IS IT NOW EXCEED THAT OUR CURRENT STANDARDS ARE 95TH PERCENTILE AND WE ARE KEEPING WITH THAT.

BUT WHAT WE HAVE ADDED WITHIN THIS DESIGN MANUAL IS MORE MORE OF WHAT IS ACTUALLY COMING INTO A PROPOSED DEVELOPMENT.

SO TRYING TO TAKE THE WATER AND NOT JUST HAVE IT A PASS THROUGH, BUT ALLOW IT TO, TO BE MORE STRINGENT FOR PARTICULAR DEVELOPED.

I SHOULDN'T SAY MORE STRICT STRINGENT TO HAVE A BETTER SET OF STANDARDS AS WATER PASSES THROUGH AND GOES DOWNSTREAM.

THAT'S CONSISTENT WITH DEVELOPMENT AGREEMENTS THAT WE'VE DONE FOR THE PAST FOUR OR FIVE YEARS, MAYBE EVEN LONGER.

UM, AND NOW WHAT ABOUT THE QUALITY OF THE WATER THAT PASSES THROUGH? YOU'RE SAYING THAT THE STANDARDS ARE A LITTLE MORE STRENUOUS? WHAT, WHAT EXACTLY DO YOU MEAN BY THAT? AND, AND SPECIFICALLY REFERENCING THINGS LIKE NITROGEN OR CHEMICALS, WHAT ARE YOU TALKING ABOUT? SO THIS PARTICULAR MAN WHO ADDRESSES TSS, TOTAL SUSPENDED SOLIDS, WHERE IT DIDN'T BEFORE, WE'RE ALSO ADDRESSING BACTERIA ON A, ON A LITTLE BIT MORE DETAILED EFFORT AND NITROGEN.

THANKS.

UM, SO, UH, THE, UH, THE CURRENT STORMWATER ORDINANCE THAT WE HAVE APPLIES,

[00:10:01]

UH, IT WAS A COMPLICATED PROCESS.

I WANT TO MAKE SURE THAT THE ORDINANCE CHANGES THAT WE HAVE THAT, UH, THE ORDINANCE THAT WE'VE GOT IN FRONT OF US WILL ALSO BE ADOPTED BY ALL OF THE MUNICIPALITIES WITHIN THE COUNTY.

WHAT WHAT'S THAT PROCESS LOOK LIKE? WHERE ARE YOU SPECIFICALLY? I'M WORRIED ABOUT THE CITY OF BUFORD AND THE TOWN OF PORT ROYAL.

AND DO THEY NEED TO BE ABLE TO ASSIGN ONTO THIS OR IS THIS JUST SO LOCO? SO MR. FLUE, ELLEN, THE STORMWATER DIVISION HAS PRESENTED TO THE TOWN OF PORT ROLE AT THE MAYOR'S REQUEST AT THIS POINT WHERE WE'RE OPENING UP ANY TYPE OF COMMUNICATION IN LINES OF COMMUNICATION, AS, AS NEED TO ANSWER ANY QUESTIONS THAT THEY MAY HAVE, UH, ESSENTIALLY THE BALL TECHNICALLY IS THERE, IS IN THEIR COURT.

SO WE'RE WAITING ON FOR THEM.

UM, THE SAME THING IS WITH THE CITY OF BUFORD, OUR LINES OF COMMUNICATION ARE OPEN AND HAVE OFFERED THEM NUMEROUS TIMES FOR US TO COME AND, UH, TALK ABOUT THE MANUAL TO EXPAND ON THE MANUAL FOR WHATEVER THEY MAY NEED, UH, FOR ANY QUESTIONS THAT THEY MAY HAVE.

AGAIN, THE BALL NOW IS IN THEIR COURT.

SO WE'RE HAPPY TO HELP IN ANY WAY.

WELL, OF COURSE THE, THE BEAUTY OF OUR CURRENT SYSTEM WAS ITS UNIFORMITY ACROSS THE BORDERS, UH, BETWEEN THE MUNICIPALITY AND THE COUNTY.

AND I THINK IT'S, UM, MAYBE, MAYBE IT IS TIME TO PUT A LITTLE SENSE OF URGENCY ON THIS, BECAUSE WHAT I WANT TO AVOID IS HAVING ONE SET OF STANDARDS NORTH OF THE BROAD AND ANOTHER SET OF STANDARDS SOUTH OF THE BROAD CLEARLY THAT'S, UH, THAT'S UNWORKABLE FOR, FOR A LOT OF DIFFERENT.

UM, AND PLEASE, YOU KNOW, ADD A LITTLE SENSE OF URGENCY TO YOUR DISCUSSION WITH THEM.

AND IF YOU NEED HELP FROM ELECTED OFFICIALS WITHIN THE MUNICIPALITY, GIVE ME A CALL.

I'LL BE HAPPY TO, UM, TO THROW MY WEIGHT BEHIND IT AS I'M SURE ALICE AND PAUL AND GERALD IN YORK, ALL OF US NORTH WHO WAS ABROAD WOULD BE, WOULD BE WILLING TO STEP UP AND, AND ASSIST YOU IN GETTING, UM, AN AUDIENCE.

THAT'S ALL I HAVE MADAM CHAIR.

THANK YOU.

OKAY.

ARE THERE ANY OTHER COMMENTS OR QUESTIONS? THIS IS QUITE A DOCUMENT.

UM, I, I KNOW IT ADDRESSES SOME THINGS THAT WE IN MORE DETAIL THAN WHAT WE'VE HAD BEFORE.

UH, WE HAD SOME BEFORE, BUT INCORPORATING NATURAL RESOURCE CONTROLS WITH STORM WATER MANAGEMENT AND, UH, WATER, GARDEN PLANTS AND PLANTS TO BE ACTUALLY HELPED WITH LEVELS OF BACTERIA AND OTHER CONTAMINANTS.

WHEN I HEAR SOMEBODY WHO'S MOTORCYCLE IN THE BACKGROUND.

ALL RIGHT.

SO YOU HAD SOME QUESTIONS, COMMENTS.

OH, YOU'VE GOT THE UNMUTE.

SO WE COULDN'T HEAR YOU DON'T CRASH.

ALL RIGHT.

COUNCILMAN RODMAN, WHILE WE WAIT FOR HIM, DOES ANYBODY ELSE HAVE SOME COMMENTS OR QUESTIONS ABOUT IT? OKAY, I'M GOING TO MUTE IT.

OKAY, GO AHEAD.

UM, THE QUESTION I HAD IS KIND OF RELATED, BUT NOT THIS BIGGER ONE.

I THINK WE HAD AN OBJECTIVE, WHICH I THINK WE DEFERRED FOR THE TIME BEING TO SET UP A REGIONAL, UM, WATER AUTHORITIES.

I, MAYBE I GOT THE WRONG TERM STORM WATER A BIT WITH THE, UH, WATERSHED BY WATERSHED.

UM, AND I JUST WANT TO KIND OF WONDERED WHERE THAT STOOD.

ANYBODY KNOWS.

UM, MR. DECIDE, WOULD YOU LIKE TO DRESS THAT I KNOW THAT WAS, UM, DISCUSSED INITIALLY.

SO THIS, THIS PARTICULAR SOLO, THE END, THE COMPANY ORDINANCES SETS THE GROUNDWORK OR LAYS THE FOUNDATION FOR US TO GO THAT AVENUE IF WE WANTED TO.

UM, SO THIS IS THE FIRST STEP IS THE REGIONALIZATION OF THE STANDARDS.

AND THEN BASED ON THAT, WE CAN START PLACING INDIVIDUAL BUILDING BLOCKS TO GET TO A REGIONALIZATION.

THANK YOU VERY MUCH.

THAT WAS LOGICAL.

WHEN DO YOU ANTICIPATE, UM, SYDNEY BUFORD TOWN, PORT ROYAL TO HAVE THE MSR REQUIREMENTS, BUT MR. DECIDE, DO YOU KNOW YET? I DON'T KNOW.

OFFICIALLY, I'M KIND OF THINKING JUST MY INFORMAL OPINION IS, IS IT'S USUALLY BASED ON THE, I BELIEVE WHEN THE S THE 2020 CENSUS NUMBERS FINALLY COME OUT, THAT'S WHEN THE HECK DOES THE DESIGNATION FOR THE MSP BOUNDARY I'M IN TO SUPPORTING

[00:15:01]

AND SHORTLY THEREAFTER, AGAIN, IT'S JUST KIND OF SPECULATION, BUT JUST GOING FROM TRACK RECORD AND FROM HISTORY, THAT'S ALWAYS SEEMED TO BE THE CASE, MY, MY SCUTTLE, BUT AGAIN, THIS IS JUST RUMOR, UM, AND, YOU KNOW, NOTHING CONFIRMED IN WRITING, BUT THE TOWN OF PORT ROYAL AND THE CITY OF BUFORD WERE TO BE INCLUDED IN, AND YOU'RE GIVEN THE MS FOR DESIGNATION, BUT THAT ALL OF THAT WAS PLACED KIND OF IN LIMBO WITH COVID AND, UH, UM, YOU KNOW, OTHER OTHER MATTERS TOOK PRIORITY.

AND SO IT WAS DELAYED INDEFINITELY.

UM, BUT CERTAINLY NOT MORE THAN ANOTHER YEAR OR TWO, YOU KNOW, ANOTHER REASON TO ADDRESS ALL OF THIS REGIONALLY AND BY WATERSHED.

OKAY.

ANY OTHER QUESTIONS BEFORE WE, I ASKED FOR A MOTION ON THIS NUMBER, WE'RE GOING TO DO NUMBER EIGHT AND THEN WE'LL DO NUMBER NINE MEN CHAIRMAN.

I'D BE HAPPY TO SECOND, THE MOTION WHO MADE THE MOTION.

I COULDN'T HEAR MR. SUMMERVILLE.

OKAY.

THANK YOU.

UH, WITHOUT EXCEPTION, MELVIN CHERRY, UM, BEFORE WE CARED ABOUT, COULD I JUST MAKE SURE, CAN YOU HEAR ME? I'M SORRY.

I DON'T HAVE A PROBLEM WITH THE MOTION AT ALL.

I WILL SUPPORT THE MOTION.

UM, I'M GETTING HERE A LITTLE LATE, SO I APOLOGIZE, BUT, UM, IN THE SO LOCAL, UM, THERE WERE OTHER MUNICIPALITIES, UM, ON THE SOUTH, THE ABROAD THAT, UM, WAS PART OF THIS, AND I WANT TO MAKE SURE THAT THEY ALL ARE SUPPORTING, WHAT'S BEING PRESENTED AT THIS TIME.

I'LL LET MR. DSI ANSWER THAT.

UH, COUNCILMAN GLOVER, UH, CURRENTLY THE TOWN OF BLUFFTON IS ON BOARD AND LOOKING FOR IMPLEMENTATION CYCLE VERY SIMILAR TO OURS.

THEY MIGHT BE JANUARY 1ST WHERE WE MAY BE MID JANUARY.

UM, RIGHT NOW THE TOWN OF HILTON HEAD HAS THE MANUAL, OR COULD GET A COPY OF THE MANUAL.

UM, THEY, THEY HAVE NOT GIVEN ME AN IMPLEMENTATION SCHEDULE.

AND SO, UM, I'M NOT SURE WHERE THEY STAND UP HILTON HEAD.

UH, W WHEN WE LOOKED AT THE REALIZATION OF BEING REGIONALIZATION, UM, IT'S HARD ADVIL AND THE JASPER COUNTY, UM, UM, INTERESTED OR ON BOARD WITH THIS AT THIS TIME.

YES.

ARE THERE, THEY WERE PART OF TALKS OF FINALIZING THE MANUAL AND PROVIDING INPUT.

UM, THEY'RE, THEY'RE ON DIFFERENT IMPLEMENTATION SCHEDULES.

AND SO WE CAN REACH BACK OUT TO THEM TO FIND, BUT, UM, THEY, THEY WERE PART OF THE PROCESS AS FAR AS CREATING THIS MANUALS ALSO, UH, THEY HAVE A VESTED INTEREST, AND SO THEY, THEY, THEY, THEY CONTRIBUTED TOWARDS THE CONSULTANT FEE AS WELL.

SO, UM, THEY GOT, THEY GOT A STAKE IN THIS AND, UM, BUT THERE'S THEIR SCHEDULES JUST SLIGHTLY DIFFERENT THAN US IN THE TOWN OF BLUFFTON.

OKAY.

THANK YOU.

IT, IT, IT WOULD BE GOOD AT THE COUNTY COUNCIL MEETING.

IF, IF YOU HAD A CHANCE, IF YOU HAD A CHANCE TO KIND OF UPDATE US ABOUT HARDY VILLAIN JASPER COUNTY, THAT WOULD BE GOOD TO KNOW IF YOU HAVE AN IDEA WHEN THIS COMES UP AS WELL.

OKAY.

WAS THAT OBJECTION, BUT ANY OTHER DISCUSSION REGARDING THIS ONE? MADAM CHAIRMAN? YES, I DO.

OH, I HAVE A QUICK COMMENT.

AS I RECALL, I RECALL WHEN WE TALKED ABOUT THIS, SO LOCO, IT WAS OBVIOUS OR APPARENT.

IT WAS APPARENT THAT THERE'S A POSSIBILITY HILTON HEAD MIGHT NOT PARTICIPATE.

THEY HAVE A UNIQUE SITUATION THERE, AND THERE ARE SOME OTHER ISSUES.

SO WE'VE DISCUSSED THE POSSIBILITY WE MAY HAVE TO GO WITHOUT, HE'LL NEVER LOVE TO HAVE THEM OBVIOUSLY, BUT IT'S A POSSIBILITY THAT THEY MIGHT NOT PARTICIPATE.

THAT WAS MY, THAT WAS MY, UH, UNDERSTANDING SEVERAL MONTHS.

UH, I AGREE WITH YOU, PAUL.

I, I AGREE.

AND I, AT THE STORMWATER BOARD MEETINGS, THAT SEEMS TO BE THE INDICATION TOO, BUT, AND WE MAY HAVE TO HELP WITH, THEY WILL, BUT IF WE HAVE TO GO FORWARD WITH WHO WE HAVE, THEN WE WILL.

ALL RIGHT.

WITHOUT OBJECTION.

UM, OR ANY OTHER DISCUSSION, WE'LL, WE'LL GO ON TO NUMBER, NUMBER, UM,

[9. SOUTHERN LOWCOUNTY DESIGN MANUAL AND UPDATES TO BEAUFORT COUNTY STORMWATER ORDINANCE CHAPTER 99]

UH, ALICE, WOULD YOU DO ME A FAVOR AND SAY WITHOUT OBJECTION, THE MATTER WILL BE PROVED.

SURE.

WAS THAT OBJECTION, NUMBER EIGHT WILL BE APPROVED.

ARE THERE ANY OBJECTIONS? ARE THERE ANY OBJECTIONS, OBJECTIONS, NO OBJECTIONS,

[00:20:02]

THANK YOU.

ALL RIGHT.

NUMBER NINE.

BEST NAIL DECIDE.

THIS ONE IS YOURS.

MADAM CHAIRMAN.

THIS IS UPDATING CHAPTER NINE, NINE OF THE BEAVER COUNTY ORDINANCES THAT REFERENCE THE LOCO MANUAL.

AND IT'S JUST CONSISTENT WITH THE FACT THAT WE WOULD CHANGE THE NOMENCLATURE WITHIN OUR BUFORD COUNTY CODE OF ORDINARY.

AND THIS WAS REDLINED.

THE CHANGES WERE IN OUR BACKUP MATERIALS.

OKAY.

ANY DISCUSSION OR QUESTIONS REGARDING NUMBER NINE? MADAM CHAIRMAN I'LL MAKE THE MOTION TO APPROVE WITHOUT OBJECTION.

OKAY.

COUNSELING AS WELL.

HE MADE THE MOTION AND SECOND, PLEASE.

COUNCILMAN DAWSON, CORRECT MIKE.

OH, MY COUNSELING OVERT.

OKAY.

ALL RIGHT.

I'LL OPEN IT UP FOR DISCUSSION AND QUESTIONS.

BOTH.

I HEAR NONE.

OKAY.

UM, WITHOUT ANY OBJECTION, DO I HEAR ANY OBJECTIONS HEARING NONE? THIS IS, UH, THIS WILL GO FORWARD THE COUNTY COUNCIL.

[10. CONSIDERATION OF AN ORDINANCE REGARDING A TEXT AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE (CDC): SECTION 7.3.70.B AND 7.2.60.E TO CLARIFY WHEN A SUBDIVISION PLAN OR LAND DEVELOPMENT PLAN IS RIPE FOR APPEAL]

NOW FOR 10, UM, THIS ONE WILL BE PRESENTED BY MR. GREENWAY IS CONSIDERATION OF AN ORDINANCE REGARDING A TEXT AMENDMENT TO THE COMMUNITY DEVELOPMENT.

CAUSE SECTION 7.3 0.70 POINT B AND SECTION 7.2 0.60 DEBT EA, TO CLARIFY WHEN A SUBDIVISION PLAN OR LAND DEVELOPMENT PLAN IS RIGHT FOR APPEAL.

AND THAT IS THE CORRECT WORD, RIGHT? R I P E NOT, RIGHT.

YEAH.

UH, THANK YOU.

UM, THIS IS A DISCUSSION OR AN AMENDMENT THAT CAME OUT OF DISCUSSION THAT YOU ALL HAD HEARD OUR PRESENTATION.

YOU ALREADY HEARD A FEW MONTHS AGO REGARDING THE CAMPGROUND, UH, LOCATED ON KILOWATT TO BE LOCATED ON KELSEY DRIVE AND OAKLAND T.

THIS WAS RELATED TO, UM, SO MY JASON PROPERTY OWNERS FILING AN APPEAL OF AN APPROVAL OF THE STAFF REVIEW TEAM OR THE STAFF FOR CONCEPTUAL PLAN APPROVAL.

AND AT THAT PARTICULAR POINT IN TIME, THE COMMITTEE ASKED US TO BRING IN A MEMO FOR YOU ALL TO CONSIDER, TO DELETE THE PROVISION FOR SOMEONE TO BE ABLE TO APPEAL TO THE PLANNING COMMISSION, THE APPROVAL OF CONCEPTUAL PLAN, BECAUSE THE CONCEPTUAL PLAN REALLY DOES NOT ALLOW ANY CONSTRUCTION TO OCCUR.

YOU'RE JUST, UH, UH, APPROVING THE DETAILS OF THE PLAN AND THE LAYOUT OF THE PLAN SO THAT THEY CAN CONTINUE ON WITH REGARDS TO THEIR DETAILED CONSTRUCTION DRAWINGS BEFORE THEY RECEIVE FINAL PLAN OF PRETTY WELL UNDERNEATH THIS AMENDMENT FINAL PLAN APPROVAL COULD BE APPEALED BY SOMEONE WHO HAS STANDING TO FILE THE APPEAL THAT THEY FEEL IS AGREED BY THAT DECISION.

SO THIS IS, THIS IS SIMPLY AN AMENDMENT TO REMOVE THE ABILITY OF SOMEONE TO FILE AN ADMINISTRATIVE APPEAL OF THE PLANNING DIRECTOR OR ZONING ADMINISTRATOR FOR THE APPROVAL OF A CONCEPTUAL PLAN FOR DEVELOPMENT STAFF RECOMMENDS APPROVAL PLANNING COMMISSION RECOMMENDED.

OKAY.

I'D LIKE TO OPEN THIS UP FOR QUESTIONS AT THIS TIME.

YES.

COUNCILMAN SWELLING.

UM, YOU KNOW, YOU WEREN'T AROUND WHEN WE, WE, UH, AUTHORED THE COMMUNITY DEVELOPMENT CODE, ERIC, AND, AND THOSE OF YOU WHO WERE HERE, MY REMEMBER THAT ONE OF THE, ONE OF THE BEAUTIFUL THINGS ABOUT OUR COMMUNITY DEVELOPMENT CODE, ONE OF THE REASONS WE WERE ABLE TO GET IT PASSED WAS THE PUBLIC SUPPORT OF THE CONCEPT THAT NOW THEY HAD A VOICE PRIOR TO, UM, PRIOR TO THE COMMUNITY DEVELOPMENT CODE WITH OUR OLD ZONING AND DEVELOPMENT STANDARDS, THE Z DSO THAT THE OPPORTUNITIES FOR THE PUBLIC TO MAKE COMMENT AND TO INTERJECT THEMSELVES IN THE PROCESS WAS MINIMAL.

IT REALLY, THERE WERE LIKE TWO OPPORTUNITIES, UM, UH, AND MAYBE EVEN LESS THAN THAT FOR, UM, THE SURROUNDING PROPERTY OWNERS OR, UM, GROUPS THAT MAY BE ALREADY ORGANIZED LIKE THE COASTAL CONSERVATION LEAGUE OR, UM, OR WHOEVER, ANY KIND OF ORGANIZATIONS THAT TO INTERJECT AND TO

[00:25:01]

AND SO WE, WE SOLD THEM THE COMMUNITY DEVELOPMENT CODE BY, ON, ON THE WEIGHT OF THEIR ABILITY TO NOW INTERJECT AND TO HAVE SOME, SOME INPUT.

AND SO I THINK THIS IS A BAD IDEA.

IT KIND OF LIKE TAKES BACK THE PROMISE TO THE CITIZENS THAT WE MADE.

AND I WILL, I WILL FIGHT THIS ALL THE WAY.

YOU WILL NEVER HEAR ME SAY YES ON SOMETHING LIKE THIS.

IT'S JUST WRONG.

THANKS.

YEAH.

OKAY.

THANK YOU.

ANY OTHER COMMENTS OR ABOUT THIS QUESTIONS? I WOULD LIKE TO MAKE A COMMENT.

I UNDERSTAND COUNCIL AND FOILING ABOUT THIS, BUT IT ALSO OPENS IT UP FOR REPEATED, YOU KNOW, CONCEPT IS CONCEPT AND IT OPENS IT UP FOR A CONSTANT STALLING OF ANYTHING GETTING APPROVED FOR, FOR YEARS TO, I MEAN, TECHNICALLY IT COULD, FOR YEARS, I, I HAVE A PROBLEM WITH THAT PART OF IT.

I DON'T HAVE A PROBLEM WITH THE PUBLIC, UM, MAKING COMMENTS ON THINGS OR APPEALING THINGS.

SO, UM, YOU KNOW, I, I, I THINK IT'S STILL, UH, THE APPEALS PROCESS IS WIDE OPEN FOR, UH, SOMEONE TO CONSTANTLY STOP SOMETHING FROM HAPPENING ON THEIR OWN PROPERTY.

THAT'S MY CONCERN, BUT MAYBE YOU HAVE, MAYBE LET'S DISCUSS, IS THERE ANOTHER TO GET TO THE SAME END? I DON'T, I, YOU KNOW.

SURE.

AND I THINK THAT, YOU KNOW, THE SITUATION ARE YOU TALKING ABOUT ON CAL LACI ROAD, WHERE, WHERE THIS POTENTIALLY SEEN AS A PROBLEM, UM, REARED ITS UGLY HEAD WAS THE ONLY TIME THAT THAT'S HAPPENED, UM, UP TILL, UH, WELL, THE FIRST TIME NOW OTHER PEOPLE USING IT, I THINK THAT THAT THE, AS THIS PROCESS WORKS ITSELF OUT, UM, YOU WILL SEE THAT, THAT, UH, THE DECISIONS BY COURTS, UM, INDICATING THAT, YOU KNOW, IN, IN THE CASES OF FRIVOLOUS LAWSUITS WHERE COSTS ARE ATTRIBUTED TO VARIOUS PARTIES AND MAYBE EVEN, UM, YOU KNOW, PENALTIES AWARDED FOR FRIVOLOUS LAWSUITS OR DELAYING, UH, TACTICS LIKE THIS, THIS SITUATION WILL RESOLVE ITSELF OVER TIME.

AND I THINK THAT BECAUSE THIS TACTIC OF APPEALING SO EARLY IN THE PROCESS, UM, IS SO NEW, IT IS SO VERY, VERY NEW THAT, THAT, THAT WE NEED TO LET IT HAVE SOME TIME BEFORE WE MAKE A CARTE BLANCHE STATEMENT THAT, UH, THAT IMPEDES THE CITIZENS RIGHT TO ENERTECH THEMSELVES IN OUR PROCESS AND IMPEDES TRANSPARENCY.

I THINK WE NEED TO JUST HOLD OFF ON THIS FOR A COUPLE OF YEARS AND SEE WHERE IT GOES.

THAT MY ONLY QUESTION IS HOW THIS DOESN'T THE WAY IT'S WRITTEN.

NOW.

IT DOESN'T SAY HOW MANY TIMES YOU CAN FEEL IT EITHER.

SO YOU COULD KEEP A CONCEPT PLAN LAY ON THE TABLE.

THEY APPEAL THE SAME CONCEPT PLAN COULD BE APPEALED AGAIN ON A DIFFERENT FACTOR, BUT BY A DIFFERENT PARTY YEAH.

BY A DIFFERENT PARTY.

YEAH.

YES.

WELL, UH, JUST KEEP IN MIND, JUST, JUST FOR CLARIFICATION FOR THE COMMITTEE, THE APPEAL HAS TO BE FILED WITHIN 30 DAYS OF THE DECISION RENDERED.

SO IF WE GAVE SOMEONE CONCEPTUAL PLAN APPROVAL, ANY APPEALS WOULD HAVE TO BE TAKEN WITHIN 30 DAYS OF THAT INITIAL CONCEPTUAL PLAN APPROVAL.

SO YOU COULD THEORETICALLY HAVE MULTIPLE APPEALS FILED IT ON THE SAME ISSUE AT ONE TIME, BUT IT COULDN'T BE BEAT BEYOND THAT 30 DAYS PERIOD.

SO JUST SO YOU'RE AWARE, SO THERE IS A LIMIT THAT WAY, BUT THEY COULD, IF A PROPERTY OWNER CAME BACK WITH ANOTHER CONCEPT PLAN, THERE'D BE AN OPPORTUNITY AGAIN, TO APPEAL IT WITHIN 30 DAYS.

THAT'S CORRECT.

YES.

ANY OTHER COMMENTS OR QUESTIONS ON, ON, ON THIS PROPOSED CHANGE? UH, MADAM CHAIR.

YEAH.

YEAH.

UM, I, UM, I, UM, I UNDERSTAND BRIAN'S CONCERN, UM, AND I'M WITH BRIAN ON THIS HERE.

HOWEVER, UM, THE PROBLEM I'M HAVING IS THAT THIS PERSON IN CALABASAS CA A CAMPSITE, UM, THE APPEAL DRAGGED ON FOR A YEAR OR BETTER, UH, I THINK THAT'S UNFAIR.

UM, SO I'M WITH YOU ALICE AS WELL.

UM, YOU KNOW, SO THE QUESTION I HAVE IS, YOU KNOW, IS THERE A

[00:30:01]

UM, AND IN THIS CASE HERE, IT WAS, IT WAS REALLY A ABUSE THAT TOOK PLACE.

AND, UM, BUT YOU KNOW, THE WAY THE SOCIETY IS GOING RIGHT NOW, UM, THOSE TYPES OF ABUSES, UM, IS ALMOST COMMON.

AND I THINK WE NEED TO JUST FIND A HAPPY MEDIUM SO THAT WE CAN ALLOW PERSON THE COMMUNITY TO APPEAL SOMETHING.

BUT, UM, IT'S NOT SOMETHING THAT WOULD JUST DRAG OUT DRAG OUT FOR ANY LENGTH OF TIME.

SO I DON'T KNOW HOW YOU DO THAT.

I KNOW THE COURT SYSTEM IS THERE, BUT AT THE SAME TIME, IF THEY, IF A, IF A PERSON WANTED TO DO SOMETHING AND DOESN'T HAVE THE RESOURCES TO FIGHT, UH, A PROJECT LEGALLY AND, YOU KNOW, IT'S DEAD ON ARRIVAL.

UM, AND I DON'T THINK WE NEED TO PENALIZE PEOPLE WHO JUST DON'T HAVE THAT KIND OF RESOURCES TO, UM, FIGHT SOMETHING IN COURT.

YEAH.

COUNCIL MEMBER FROM WHELAN'S, UH, POINT, UM, A COUPLE OF THINGS I'LL SAY ABOUT THAT IS ONE, THIS APPEAL WITH THE CAMPGROUND THAT WE'RE TRYING TO SOLVE HERE.

IT MAY NOT BE AN ISSUE.

THIS WAS KIND OF A PERFECT STORM FOR THEM BECAUSE THE APPEAL WAS FILED.

AND THEN WE WENT INTO A PERIOD OF THIS COVID PROTOCOLS, AND THEN THE ZONING BOARD OF APPEALS CHAIRMAN REFUSED TO MEET VIRTUALLY.

SO THEY DID NOT HOLD A MEETING FOR SEVERAL MONTHS.

SO THE APPEAL COULD NOT BE HEARD.

AND THEN ALSO THERE'S LANGUAGE IN THE CODE UNDERNEATH THE CONCEPTUAL PLAN APPEAL PROCESS THAT BASICALLY SAYS THAT NO ADDITIONAL STAFF ACTION CAN OCCUR UNTIL THE APPEAL IS DECIDED.

SO MAYBE WE TAKE A LOOK AT THAT LANGUAGE AND SEE IF THERE'S A WAY THAT WE CAN CORRECT THAT LANGUAGE TO ALLOW SOMEONE IF THEY WANT TO, THEIR OWN RE SQUALANE APPEAL IS PENDING, CONTINUE ON WITH STAFF APPROVALS AND TRY TO GET THE APPEAL OR ADDRESS THE CONCERNS OF THE APPEAL THAT WE PROVIDE THAT OPTION TO THEM SO THAT THEY CAN AT LEAST FEEL LIKE THEY HAVE A MECHANISM TO KEEP MAKING PROGRESS.

WELL, YOU KNOW, THAT MIGHT VERY WELL BE A GOOD, A GOOD SOLUTION, ERIC, TO THE PARTICULAR PROBLEM, BUT LET'S NOT LOSE SIGHT OF THE FACT THAT, THAT THIS WON'T BE DONE.

THERE, THERE WON'T BE AN APPEAL IN A DECISION THAT THE COMMUNITY FINDS FAVORABLE.

IN OTHER WORDS, IF THERE IS A DEVELOPMENT OUT THERE THAT MEETS THE STANDARDS OF THE SURROUNDING COMMUNITY, THEY'RE NOT GOING TO BE APPEALING.

UM, FRUITLESSLY AND, AND, UM, IN, IN THIS KIND OF MANNER, THE, THE REASON THAT WE HAVE THESE APPEALS IN THE CAMPGROUND SITUATION ON COW WASHY ROAD IS BECAUSE THERE'S THE SURROUNDING PROPERTY OWNERS DON'T WANT THIS DEVELOPMENT THERE.

THEY DON'T WANT THAT PARTICULAR KIND OF DEVELOPMENT IN THAT PARTICULAR PLACE.

AND I THINK IT'S ABSOLUTELY APPROPRIATE THAT THE SURROUNDING PROPERTY OWNERS HAVE A VOICE AND A SAY, THAT'S WHY I'M GOING AND COUNSELING FOILING.

I DON'T DISAGREE WITH YOU ON THAT.

BUT I ALSO REALIZE THAT THERE ARE, THERE WILL BE CASES WHERE THERE'LL BE ONE PROPERTY OWNER ADJACENT TO ONE DEVELOPMENT.

THAT'S NOT GONNA WANT IT THEY'RE IN.

AND I THINK MAYBE THE RIGHT ACTION AT THIS TIME IS TO SEND IT BACK TO STAFF, UM, TO WORK ON THE LANGUAGE SOME MORE INSTEAD OF DOING ANY KIND OF ACTION.

DOES THAT HEAR ANY OBJECTION TO THAT? I DON'T THINK WE NEED A MOTION WOULD JUST SEND IT BACK.

OKAY.

COUNSEL AND GLOVER DO, DOES THAT SOUND OKAY? GOOD POINT.

OKAY.

CAUSE THEN IN REALITY, YOU COULD HAVE, YOU KNOW, ONE PROPERTY OWNER AGAINST ANOTHER, AN APPEAL SITUATION TOO, THAT THAT IS NOT SIMILAR TO THIS, BUT IN ANOTHER SITUATION THAT COULD HOLD SOMETHING UP A LONG TIME.

OKAY.

UM, THE NEXT ONE IS

[11. CONSIDERATION OF AN ORDINANCE REGARDING A TEXT AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE (CDC): SECTION 3.1.60; 3.1.70; 4.2.20.A; 4.2.30; 4.2.70; 10.1.70; AND A.1.40.A TO CLARIFY THE DEFINITION AND CONDITIONS FOR ACCESSORY DWELLING UNITS AND GUEST HOUSES]

RIGHT? THIS IS CONSIDERATION OF AN ORDINANCE REGARDING A TEXT AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE, SECTION 3.1 0.6 3.1 0.70 NEEDS TO BE ON ME, SORRY.

4.2 0.208 4.2 0.30 4.270 10.1 0.70 AND A 1.40 A TO CLARIFY DEFINITION AND CONDITIONS FOR ACCESSORY DWELLING UNITS AND GUESTS HOUSES.

OKAY.

[00:35:05]

UM, SO, YOU KNOW, OVER THE LAST SEVERAL YEARS, WHILE WHILE THE CDC HAS, HAS BEEN IN USE, UM, STAFF HAS KIND OF TRIED TO CLEAN UP AND CLARIFY ANY SECTIONS THAT THEY SEEM, UH, THAT SEEM TO BE CONFUSING OR, YOU KNOW, UNINTENTIONALLY DIFFICULT TO ADMINISTER AND ENFORCE.

SO THIS AMENDMENT IS GOING TO ATTEMPT TO BRING SOME CLARITY TO, UM, TO ACCESSORY USES ACCESSORY, DWELLING, UNITS, AND GUEST.

CURRENTLY, THOSE ARE TWO SEPARATE USES.

UM, SO IF YOU'RE NOT FAMILIAR WITH ACCESSORY DWELLING UNITS OR , UM, THEY'RE ACCESSORY STRUCTURES TO A SINGLE FAMILY RESIDENCE, UM, THAT COULD BE, YOU KNOW, AN APARTMENT ON THE SECOND FLOOR OF A DETACHED GARAGE.

UM, IT COULD BE A SECONDARY DWELLING UNIT WITH A FULL KITCHEN, UM, BUT THAT THEY ARE ABLE TO BE LEASED LONG-TERM, UM, THAT IS MORE THAN 30 DAYS.

UM, THAT'S DISTINCTLY DIFFERENT FROM A GUEST HOUSE.

UM, GUEST HOUSES, ACCORDING TO OUR CODE ARE INTENDED TO BE USED BY PROPERTY OWNERS AND THEIR GUESTS, UM, NOT MEANT TO BE LEASED.

AND WE ALSO REQUIRE THAT, UM, GUEST HOUSES ARE CONNECTED.

THEY'RE TIED INTO THE UTILITIES OF THE PRINCIPAL DWELLING RATHER THAN, UM, SEPARATELY METERED.

UM, SO, YOU KNOW, IN ENFORCING THIS, WE'VE, WE'VE RECOGNIZED THAT THERE THERE'S, THERE'S A POSSIBILITY THAT THERE, WE COULD HAVE A SITUATION WHERE SOMEONE IS ABLE TO BE PERMITTED FOR A GUEST HOUSE AND BE PERMITTED FOR, UM, AN ACCESSORY DWELLING UNIT ALL IN THE SAME PROPERTY WITH THEIR, UM, SINGLE FAMILY RESIDENCE.

UM, SO THAT, THAT IS KIND OF A CONSEQUENCE WE'RE HOPING TO AVOID HERE.

UM, AND SO THERE'S SEVERAL SMALL STEPS THAT WE WOULD NEED TO TAKE TO ACCOMPLISH THIS CLARITY.

ONE OF WHICH IS, UM, THE ACCESSORY DWELLING UNIT USE WOULD BASICALLY ABSORB THE GUESTHOUSE USE, UM, SO THAT THERE IS JUST THE ADU USE.

UM, IF YOU'RE, IF YOU'RE LOOKING AT THE SPECIFICS OF IT AND ACCESSORY DWELLING UNIT IS A MORE INTENSE USE THAN A GUEST HOUSE.

SO NOT MUCH NEEDS TO BE CHANGED IN THE WAY OF THE LANGUAGE IN THE ACCESSORY DWELLING UNIT SECTION.

THIS WOULD SIMPLY ALLOW, UM, PROPERTY OWNERS TO MAKE THE DECISION THEMSELVES IF THEIR SECONDARY UNIT IS GOING TO BE USED AS A GUEST HOUSE, IF THEY'D LIKE TO RENT IT, UM, SEPARATELY, METERED OR NOT, THIS TAKES AWAY THAT BURDEN OF REGULATION FROM THE PLANNING DEPARTMENT, SO THAT FOLKS ARE ABLE TO MAKE THAT DECISION ON THEIR OWN.

UM, THERE ARE A FEW SMALL CHANGES OTHERWISE, UM, THAT WE DISCOVERED WHILE WE WERE, WHILE WE WERE WORKING ON THIS REPORT, ONE OF WHICH IS, UM, ACCESSORY DWELLING UNIT IS CURRENTLY LISTED AS, UH, IN THE PRIMARY LAND USE CONSOLIDATED TABLE.

UM, SO WE ARE RECOMMENDING TO REMOVE THAT AND MAKE SURE THAT THE PERMITTED, UM, DISTRICTS FOR ACCESSORY DWELLING UNITS ARE COPIED OVER TO THE TABLE FOR PERMITTED ACCESSORY USES.

UM, SO STAFF RECOMMENDS THE APPROVAL OF THIS AMENDMENT AND PLANNING COMMISSION RECOMMENDED APPROVAL SIX TO ONE ON OCTOBER 5TH AS WELL.

UM, I'M WELCOME TO ANY QUESTIONS.

OKAY.

QUESTIONS? YES.

GO AHEAD.

REALLY QUESTION.

UM, ALL THINGS IS, IS THERE A MAXIMUM TIME LIMIT THAT SOMEONE CAN BE IN EITHER THIS ATU OR, UH, WHATEVER THE NEW CLASSIFICATION, I GUESS THAT'S 88.

IS THERE A MAXIMUM TIMEFRAME THAT SOMEONE IS ALLOWED TO STAY THERE AS THE GOVERNMENT IMPOSED? YOU WANT TO ADDRESS IT? YEAH, LET ME, LET ME ANSWER THAT ONE.

NOAH, UM, COUNCIL MEMBER COVERT, UH, OUR SHORT TERM RENTAL POLICY AND AMENDMENT WOULD TAKE CARE OF THAT PARTICULAR ITEM.

IF THEY WERE GOING TO RENT IT OUT SHORT TERM, THEY WOULD HAVE TO GO THROUGH A SPECIAL USE PROCESS IN ORDER TO DO THAT.

IF THEY WERE TO RENT IT OUT LONG TERM, BEYOND 29 DAYS CONSECUTIVELY, THEN IT WOULD JUST BE A STANDARD TYPE RENTAL, UH, SITUATION THAT YOU WOULD SEE JUST LIKE SOMEONE RENTING AN APARTMENT OR A HOUSE.

BUT IF IT WERE LESS THAN 29 DAYS, THEN THAT WOULD BE SHORT TERM RENTAL UNDERNEATH OUR DEFINITION.

AND THEY WOULD HAVE TO GO THROUGH A SPECIAL USE HEARING AND BE APPROVED FOR SHORT-TERM RENTAL AND AN ACCESSORY DWELLING UNIT UNDERNEATH THE CDC AS WELL.

ADD DRESSING.

UH, ERIC, IS THERE, IS THERE A REQUIREMENT REQUIREMENT FOR ADDRESSING

[00:40:03]

OKAY.

ALL RIGHT.

THANK YOU.

BUT THAT'S, THAT'S THE CASE.

THAT'S THE CASE NOW ANYWAY, SO, NOPE.

OKAY.

ARE THERE ANY OTHER QUESTIONS I'D LIKE TO MAKE A MOTION TO? OKAY.

DO I HAVE A SECOND? WE NEED A SECOND FOR THIS MOTION.

ALL RIGHT.

COUNCILMAN GLOVER A SECOND.

THANK YOU.

UM, ANY DISCUSSION? I HAVE ONE COMMENT.

I THINK THIS WILL, UH, NOT ONLY CLEAN UP THE CDC WITH THE CONFUSION BETWEEN GUESTHOUSES AND DWELLING UNITS, IT'LL MAKE IT EASIER FOR CODE ENFORCEMENT PEOPLE.

UM, AND ALSO IT MAY HELP OUR HOUSING, UM, YOU KNOW, GARAGE APARTMENTS AND THOSE KINDS OF THINGS MAY BECOME EASIER TO DO, BUT WITH THE CLEANUP OF THE, OF THE WORDING OF THIS, OR AT LEAST GIVE PEOPLE MORE OPPORTUNITIES FOR IT.

OKAY.

UM, ARE THERE ANY OBJECTIONS TO THIS MOTION? ALRIGHT.

WITH NONE.

THIS IS APPROVED.

ALL RIGHT.

HEARING NONE.

LET'S GO TO

[12. CONSIDERATION OF AN ORDINANCE REGARDING A TEXT AMENDMENT TO BEAUFORT COUNTY ORDINANCE, CHAPTER 78: FLOODS TO ESTABLISH THE IMPLEMENTATION DATE OF MARCH 23, 2021]

THIS ONE IS GOING TO BE A GUY.

UM, CHUCK ATKINSON IS GOING TO PRESENT THIS CONSIDERATION OF AN ORDINANCE REGARDING A AMENDMENT TO THE BUFORD COUNTY ORDINANCE, CHAPTER 78 FLOODS TO ESTABLISH THE IMPLEMENTATION DATE OF MARCH 23RD, 2021.

OKAY.

ALL YOURS.

YES MA'AM.

THANK YOU.

BRENNA.

I HAVE ONE POWERPOINT SLIDE.

IF YOU CAN BRING THAT UP, IT'S IN THE PACKET.

I'D APPRECIATE IT.

SO THIS TEXT AMENDMENT CONCLUDES THE FLOOD MAP UPDATE PROCESS, UH, THAT WE HAVE THAT WE BEGAN ABOUT THREE YEARS AGO.

AND THE POWERPOINT SLIDE THAT WE'RE GOING TO BRING UP IS SORT OF A TIMELINE OF WHAT WE HAVE GONE THROUGH THAT HAS BROUGHT US TO WHERE WE ARE NOW.

UM, AND START GOING THROUGH THE ITEMS. AND I GUESS THE POWERPOINT SLIDE WILL COME UP.

SO PRELIMINARY MAPS WERE RECEIVED BY THE COUNTY SEPTEMBER OF 2017.

THOSE MAPS WERE MADE AVAILABLE FOR REVIEW ON FEMA DOT GOVERNMENT ON BUFORD COUNTY'S WEBSITE, UH, IN OCTOBER OF 2017, UH, IT WAS ADVERTISED THAT FEMA, UH, AND BUFORD COUNTY AND THE STATE, ALL CO-SPONSORED INFORMATIONAL MEETINGS, THEY WERE HELD IN THREE LOCATIONS, UH, HILTON HEAD BLUFFTON AND ST.

HELENA THAT WAS ON NOVEMBER 28TH, 29TH AND 30TH IN 2017.

ADDITIONAL COUNTY SPONSORED PRESENTATIONS WERE MADE IN THE SPRING AND FALL OF 2018.

WE PRESENTED THE INFORMATION TO COUNTY COUNCIL.

UH, WE PRESENTED INFORMATION ON THE COUNTY CHANNEL.

THERE WERE MULTIPLE NEWS ARTICLES.

UH, WE ATTENDED POA MEETINGS, UH, ET CETERA.

SO A REQUIRED PUBLIC NOTICE NOTICES WERE PUBLISHED IN THE CAUSE ON JUNE THE FIFTH AND JUNE 12TH OF 2018.

A NOTICE WAS ALSO PUBLISHED BY FEMA AND STATE DNR AND THE FEDERAL REGISTER ON APRIL 4TH OF 2018.

UH, WE WENT THROUGH A MAJOR UPDATE OF THE BUFORD COUNTY FLOOD ORDINANCE, UH, THAT WAS COMPLETED.

THE THIRD READING WAS COMPLETED JANUARY OF 2019.

AND SINCE THAT TIME WE HAD, WE HAD COMPLETED EVERY TASK THAT WE WERE GIVEN BY FEMA AND STATE DNR TO MOVE THE PROCESS FORWARD.

SINCE JANUARY OF 2019, WE HAVE BEEN WAITING ON FEMA'S LETTER, GIVING US AN AUTHORIZATION DATE TO START USING THE NEW MAPS.

WELL FEMA'S LETTER PROVIDING THE IMPLEMENTATION DATE FOR THE NEW MAPS WAS RECEIVED THE LAST MONTH, OCTOBER, 2020, AND WHAT THIS, THERE ARE TWO PARTS TO THIS TEXT AMENDMENT.

THE FIRST ONE IS SECTION 78 DASH 31, WHICH GIVES THE NEW IMPLEMENTATION DATE BEING MARCH 23RD OF 2021 AND MAKES, UH, THE FLOOD MAPS, UH, ADOPTS THE FLOOD MAPS AND THE FLOOD STUDY, UH, WITH VERBIAGE PROVIDED BY FEMA AND STATE DNR.

AND THEN SECTION 78 66, THE A AT THE VERY END OF THAT SECTION, WE ARE ADOPTING SPECIFIC LANGUAGE REQUIRED BY FEMA, AS IT RELATES TO A O A SHEET FLOODING AREAS.

THERE ARE TWO VERY AREAS IN THE COUNTY.

WE HAVE NEVER HAD AN AOA ZONE BEFORE THEY'RE OUT ON FRIPP ISLANDS AS A SLIVER ON ONE END OF FRIPP ISLAND.

SO WE HAD TO ADD THAT VERBIAGE.

AND, UH, ONCE WE ADOPT THIS IT THROUGH THIRD READING, THE IMPLEMENTATION DATE WILL BE 23, MARCH, 2021, AND THE PROCESS WILL BE OVER.

AND THEN WE'LL START, UH, UH, ENFORCING THE NEW MAPS ON THAT DATE.

AND WITH THAT, I'LL BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE.

THANK YOU.

I'LL OPEN IT UP IN QUESTIONS

[00:45:01]

CAUSE I THINK SOME OF US WERE KIND OF FORGOTTEN ABOUT THIS IN A AWHILE.

YES.

MA'AM ANY QUESTIONS? YES.

OKAY.

COUNCILOR DAWSON.

DID YOU HAVE A QUESTION? NO, NO, MA'AM OKAY.

I'LL GIVE YOU A MOTION.

ALL RIGHT, GO AHEAD.

I HAVE A SECOND, SECOND WITHOUT OBJECTION.

ANY DISCUSSION, MADAM CHAIR, COUNCIL AND RODMAN.

UH, I THINK THESE MAPS HAS BEEN A LOT OF PEOPLE LOOKING OUT FOR HIM FOR A LONG TIME.

I DON'T KNOW ALL THE DETAILS OF IT, BUT GIVEN THAT SO MUCH TIME HAS PASSED.

UM, DO WE NEED TO DO ANY KIND OF ADDITIONAL PUBLIC HEARINGS OR SOME KIND OF A PR THING? SO PEOPLE KNOW THAT WHAT'S HAPPENING IN COUPLE OF YEARS HAVE ELAPSED, AND I DON'T THINK WE TAKE ANY DIFFERENT ACTION, BUT I JUST WONDER IF WE NEED TO DO SOMETHING THAT, BUT THE PUBLIC KNOW WHAT IS HAPPENING MORE THAN WHAT WOULD NORMALLY HAPPEN.

GOOD IDEA.

YEAH.

I WAS GOING TO SAY, WE'RE, WE'RE GOING TO DO THAT.

UH, I DID NOT WANT TO PUT THE CART BEFORE THE HORSE.

CLEARLY WE'RE FIVE MONTHS OUT.

UH, MY PLAN IS IN JANUARY TO SEND OUT PRESS RELEASES, UM, UH, GO THROUGH THAT AND POTENTIALLY DO SOMETHING AGAIN ON THE COUNTY CHANNEL TO GET THE WORD OUT.

BUT, UH, ALL PARTIES CONCERNED.

UH, THEY'VE BEEN INVOLVED WITH THIS AND LIKE YOU SAY, MR. RODMAN, DAVE, THEY'VE BEEN LOOKING FORWARD TO THIS AND THEY KNOW IT'S COMING, BUT WE'RE GOING TO DO THAT.

I JUST WANTED TO FIRM UP THE DATE AND GET COUNCIL APPROVAL BEFORE WE PUT IT OUT THERE BEFORE WE ACTUALLY GOT APPROVAL ON THE DATE.

YEP.

THAT'S GREAT.

OKAY.

WITHOUT ANY OBJECTIONS, WE'LL GO FORWARD.

NUMBER, NUMBER 12.

AT

[EXECUTIVE SESSION]

WE HAVE A REASON TO GO INTO EXECUTIVE SESSION.

NUMBER 13, RURAL AND CRITICAL LAND PRESERVATION PROGRAM CONSULTING SERVICES, RFP ZERO FIVE, TWO EIGHT TWO ZERO AWARD RECOMMENDATIONS.

I HAVE A MOTION TO GO IN EXECUTIVE SESSION.

I'LL SECOND.

OKAY.

WHO MADE THE MOTION INITIALLY? OKAY.

COUNCILMAN GLOVER.

AND SECOND BY COUNCIL FOILING.

UM, ANY OBJECTION HEARING NONE.

WE WILL NOW GO ON EXECUTIVE SESSION.

THANK YOU.

GIVE US A FEW MINUTES.

OKAY.

ALL RIGHT.

UM, WELCOME BACK TO THE NATURAL

[14. MATTERS ARISING OUT OF]

WE DID HAVE MANNERS ARISING OUT OF EXECUTIVE SESSION.

DO I HEAR A MOTION? I LIKE TO MAKE A MOTION THAT WE RESCIND AND REVOKE THE, UH, THE CURRENT RFP REPRESENTATIVE FOR RURAL AND CRITICAL LANDS AND THAT WAY, UM, NEGOTIATE A THREE MONTH CONTRACT WITH BE CALLED AND DURING THOSE THREE MONTHS, THAT WAY YOU RE-ISSUE AND, UH, AND REWORK AND REISSUE THE RFP AND, UH, AND HAVE THAT COMPLETED BY THE END OF THE THREE MONTH PERIOD.

ALL RIGHT.

COUNSEL, FOILING, SECONDED.

ANY DISCUSSION COMMENTS, QUESTIONS I SEE.

NO ONE'S HAND RAISED.

OKAY.

WAS OUT ANY OBJECTIONS? THE MOTION WILL GO FORWARD.

ARE THERE ANY, ARE THERE ANY OBJECTIONS, BRIAN AND SUE? YOU KEEP REMINDING ME THAT WITHOUT ANY OBJECTIONS? NO OBJECTIONS.

OKAY.

MOTION HAS PASSED.

OKAY.

WE

[15. CONSIDERATION OF THE REAPPOINTMENT OF PETER BROWER TO THE DESIGN REVIEW BOARD]

THE FIRST ONE IS REAPPOINTMENT OF PETER BRAUER TO THE DESIGN REVIEW BOARD.

DO I HAVE A MOTION TO REAPPOINT HIM TO THAT BOARD? DO I HAVE A SECOND? ALL RIGHT.

THANK YOU.

EMBARRASSMENT.

OH, IN ANY OBJECTION, HEARING NONE.

HE IS REAPPOINTED TO THE DESIGN REVIEW BOARD.

JEREMY, IF, IF I MIGHT HAVE THE FLOOR FOR A MOMENT, MAYBE I COULD SPEED THIS UP FOR YOU.

UM,

[16. CONSIDERATION OF THE FOLLOWING REAPPOINTMENTS TO SOUTHERN BEAUFORT COUNTY CORRIDOR BEAUTIFICATION BOARD. -SALLIE BRACH, VICE CHAIRMAN (BRACH) (COUNCIL DISTRICT 6) -STEPHEN BROWN (COUNCIL DISTRICT 7) -ROBERTA COPE-FOSS (COUNCIL DISTRICT 11) -CAROL J. HUMPHREY (COUNCIL DISTRICT 10) -DENNIS J. NIELSON (HILTON HEAD ISLAND / BLUFFTON)]

SALLY BRACK IS VICE CHAIRMAN COUNCIL DISTRICT SIX, STEVEN BROWN COUNCIL DISTRICT SEVEN,

[00:50:01]

THAT'S MY MOTHER.

I HAVE A SECOND.

I HAVE A SECOND PLEASE.

ALL RIGHT.

THANK YOU, COUNCILMAN MINUTES.

ANY OBJECTIONS HEARING? NONE.

THE LIST OF PEOPLE READ OUT ARE REAPPOINTED TO THE SOUTHERN BUFORD COUNTY CORRIDOR BEAUTIFICATION BOARD.

THE NEXT ONE UP IS THE,

[17. CONSIDERATION OF THE REAPPOINTMENT OF WILLIAM MITCHELL AND MARK McGINNIS TO ZONING BOARD OF APPEALS]

SO I HAVE A MOTION.

UM, MADAM CHAIRMAN, IF I MIGHT MAKE A MOTION TO REAPPOINT WILLIAM MITCHELL AND MARK MCINNES TO THE ZONING BOARD OF APPEALS.

OKAY.

DO I HAVE A SECOND? I WILL SECOND THAT.

ALL RIGHT.

THANK YOU.

ANY OBJECTIONS? THE REAPPOINTMENT OF THESE PEOPLE? WILLIAM MITCHELL AND MARK MCKENNA'S HEARING NONE.

THEY ARE.

IT WILL MOVE FORWARD TO FULL COUNCIL.

UM, DO WE HAVE ANYONE COME IN WAS PUBLIC COMMENT.

WAIT, EVEN THOUGH IT'S NOT ON THE AGENDA, I DON'T THINK WE DID, BUT CAN WE JUST CHECK WHERE I HAD IT AT THE BEGINNING? ALL RIGHT.

OKAY.

WAS THAT SOLID DURING THE MEETING OF THE NATURAL RESOURCE COMMITTEE? THANK YOU VERY MUCH.