Actions York County Council Council Chambers, Agricultural Bldg, 6 S. Congress St., York, SC Tuesday, September 2, 2014 6:00pm Call to Order Britt Blackwell, Chairman Invocation and Pledge of Allegiance Michael Johnson, District 1 Oath of Office for newly appointed Board and Commission Members Brian Wacaster, Board of Disabilities and Special Needs (District 6) Thomas Dowdle, Board of Rural Fire Control (Rural Fire Chiefs Representative) Auvis Cole, Olde English District Commission ABSENT Ryan Blancke, Employee Grievance Committee Neal Kiser, Employee Grievance Committee Jean Currence, Employee Grievance Committee ABSENT Frank Walker, Rock Hill/York County Airport Commission ABSENT Appearances Council recognized William Bill Stinson on his retirement and service with York County. Mr. Stinson was absent. Carey Tilley presented Council with the Culture and Heritage Commission s year-end report. Don Clickner addressed Council regarding the Planning Commission and various developments in York County. Public Forum Session (limited to thirty (30) minutes, two (2) minutes per person) Peggy Clickner addressed Council regarding the Planning Commission and the growth in York County. James Saunders addressed Council regarding the noise ordinance in York County. Justin Savikas addressed Council regarding his support for the Phat Bottom Speedway. Matthew Setzer addressed Council regarding his support for the Phat Bottom Speedway. Public Hearing(s)
Old Business 1. Gave 3 rd Reading: Case # 14-13 Tax Map # 6930000054 2. Gave 3 rd Reading: Case # 14-14 Tax Map # 6730000169 3. Gave 3 rd Reading: Case # 14-15 Tax Map # 3600000010 4. Gave 3 rd Reading: Case # 14-16 Tax Map # 4070000005 Rezone property from RUD to LI 3.3 +/- Acres Five (5) Chappell Phillip Lanier 2137 Anderson Road South in the Rock Hill Community DENIAL Rezone property from RD-I to AGC-I 5.5 +/- Acres Five (5) Chappell Samuel and Sarah McCullough 460 Isom Estate Drive in the Rock Hill Community Rezone property from RUD to AGC 15.63 +/- Acres Two (2) Henderson / Three (3) Cox James Brian Saunders 2610 Jim McCarter Road in the York community Rezone property from AGC to RUD-I 1 +/- Acres Five (5) Chappell Bennie and John Hickey
5. Gave 3 rd Reading: Case # 14-17 Tax Map # 4040000028 3359 & 3363 Chester Hwy in the McConnells community Rezone property from RD-II to AGC 10 +/- Acres Three (3) Cox Sheila P. Dover 1332 Cameron Road in the York community 6. Amended and gave 2 nd reading of an ordinance entitled TO AMEND AN ORDINANCE ENTITLED "TO ESTABLISH OPERATING AND CAPITAL BUDGETS FOR THE OPERATION OF THE COUNTY GOVERNMENT OF YORK COUNTY FOR THE FISCAL YEAR COMMENCING JULY 1, 2014 ETC,"; TO PROVIDE ADDITIONAL REVENUES FROM THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES FOR PURPOSES OF CONSTRUCTING A BOAT RAMP ON THE BROAD RIVER, LOAN PROCEEDS FROM SANTEE COOPER AND REVENUE FROM SC I-77 ALLIANCE FOR CONSTRUCTION OF AN EASTERN AREA SPECULATIVE BUILDING; APPROPRIATION OF FUND BALANCE FOR CLERK OF COURT VIDEO-CONFERENCING EQUIPMEN, APPROPRIATION OF FUND BALANCE TO FUND CONSTRUCTION BUDGET FOR A WESTERN AREA SPECULATIVE BUILDING, AND APPROPRIATION OF RECREATION FUND BALANCE FOR ADDITIONAL RECREATION PROJECTS; AND TO PROVIDE FOR OTHER FISCAL MATTERS RELATING TO COUNTY GOVERNMENT. 7. Amended and gave 3rd Reading of AN ORDINANCE AMENDING CHAPTER 33 OF THE YORK COUNTY CODE OF ORDINANCES BY ADDING NEW SECTION 33.083 IN ORDER TO DESIGNATE THE CATEGORY OF MISCELLANEOUS ACCRUED LEAVE ; TO PROVIDE FOR ITS ACCUMULATION, USE, AND DISPOSITION; TO AMEND SECTION 33.069(C) TO INCLUDE MISCELLANEOUS ACCRUED LEAVE; TO AMEND SECTION 33.114(E) TO PROVIDE EXCEPTIONS TO THE COUNTY CELLULAR PHONE POLICY BY ALLOWING EMERGENCY SERVICES AND PUBLIC SAFETY OFFICIALS TO USE THEIR CELLULAR PHONES IN FURTHERANCE OF THEIR DUTIES; AND, TO AMEND SECTION 33.066 TO PROVIDE FOR CAPPED AMOUNTS FOR COUNTY-PAID RETIREE INSURANCE BENEFITS; AND, TO PROVIDE FOR OTHER MATTERS RELATED THERETO. 8. Gave 2 nd reading of an Ordinance authorizing THE EXECUTION AND DELIVERY OF A FEE AGREEMENT BY AND BETWEEN YORK COUNTY, SOUTH CAROLINA AND PIEDMONT ENERGY SYSTEMS, INC., A COMPANY PREVIOUSLY IDENTIFIED UNDER THE CODE NAME OF PES ; TO PROVIDE FOR A FEE IN LIEU OF TAXES; TO PROVIDE FOR A PUBLIC HEARING; AND, TO PROVIDE FOR OTHER MATTERS RELATED THERETO. 9. Deferred AUTHORIZING LETTER FROM THE COUNTY MANAGER TO THE CITY OF ROCK HILL EXPRESSING THE COUNTY S ENDORSEMENT OF A SECOND AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF ROCK HILL AND YORK COUNTY RELATING TO THE TEXTILE CORRIDOR REDEVELOPMENT PLAN, THE AMENDED DOWNTOWN REDEVELOPMENT PLAN, THE RED RIVER REDEVELOPMENT PLAN, AND THE MANCHESTER VILLAGE REDEVELOPMENT PLAN. New Business 1. Authorized releasing a Request for Proposals (RFP) regarding auditing of Legal Residence Exemptions and Business Personal Property. 2. Authorized bids for the purchase of five intermediate sedans for use by the Sheriff s Department: Bid #2243. 3. Gave 1 st reading of AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF A FEE AGREEMENT BY AND AMONG YORK COUNTY, SOUTH CAROLINA, LPL HOLDINGS, INC. (THE COMPANY ), AND SUNTRUST EQUITY FUNDING, LLC OR AFFILIATED ENTITY (THE SPONSOR AFFILIATE ), WHEREBY THE PROJECT WILL BE SUBJECT TO CERTAIN FEES IN LIEU OF AD VALOREM PROPERTY TAXES, SPECIAL SOURCE REVENUE CREDITS, THE INCLUSION OF THE COMPANY S AND SPONSOR AFFILIATE S PROPERTY IN A MULTI-COUNTY INDUSTRIAL AND BUSINESS PARK ALL AS AN INCENTIVE TO THE COMPANY TO LOCATE ITS PROJECT WITHIN YORK COUNTY, SOUTH CAROLINA; AND OTHER MATTERS RELATED THERETO. 4. Gave 1 st reading of AN ORDINANCE TO AMEND THE EXISTING MULTI-COUNTY PARK AGREEMENT EFFECTIVE AS OF DECEMBER 31, 2012 BETWEEN YORK COUNTY, SOUTH CAROINA AND CHESTER COUNTY, SOUTH CAROLINA, PROVIDING FOR THE DEVELOPMENT OF A MULTI-COUNTY PARK SO AS TO INCLUDE ADDITIONAL PROPERTY IN THAT PORTION OF THE MULTI-COUNTY, PARK GEOGRAPHICALLY LOCATED IN YORK COUNTY, SOUTH CAROLINA, AND OTHER MATTERS RELATING THERETO. 5. Deferred approval of purchase and sale agreement between Beacon #27 LLC and York County for approximately 6.0 acres of land in Carolina Place Business Park until after Executive Session. 6. Deferred approval of development management agreement with Beacon Development Company for construction of 40,500 square feet speculative building in Carolina Place Business Park (Exhibit B to purchase and sale agreement) until after Executive Session. 7. Deferred approval of Agreement to sell County 40,500 square foot speculative building in Carolina Place Business Park with Beacon Development Company (Exhibit C to purchase and sale agreement) until after Executive Session. 8. Deferred approval of a Memorandum of Agreement with Beacon #27 summarizing purchase and sale agreement (Exhibit D to purchase and sale agreement) until after Executive Session. 9. Adopted a RESOLUTION AUTHORIZING THE ASSIGNMENT AND TRANSFER TO IUSIF LAKEMONT BUSINESS PARK II, LLC OF THAT CERTAIN LEASE AGREEMENT BETWEEN YORK COUNTY, SOUTH CAROLINA AND LAKEMONT INDUSTRIAL HOLDING COMPANY (SUCCESSOR-
IN-INTEREST TO CRESCENT RESOURCES, INC.) DATED AS OF AUGUST I, 2000, AND CERTAIN OTHER MATTERS RELATED THERETO, INCLUDING THE RELEASE OF LAKEMONT INDUSTRIAL HOLDING COMPANY FROM ITS OBILIGATIONS UNDER THE LEASE AGREEMENT, THE CONTINUATION OF A FEE IN LIEU OF TAX PERTAINING TO SUCH LEASE AGREEMENT AND THE PROVISION OF AN ESTOPPEL CERTIFICATE PERTAINING TO SUCH LEASE AGREEMENT. 10. Authorized AN INDUCEMENT RESOLUTION IDENTIFYING A PROJECT TO SATISFY THE REQUIREMENTS OF TITLE 12, CHAPTER 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, AS AMENDED, SO AS TO ALLOW INVESTMENT EXPENDITURES INCURRED BY PROJECT LODESTONE TO QUALIFY AS EXPENDITURES ELIGIBLE FOR A FEE IN LIEU OF TAX ARRANGEMENT WITH YORK COUNTY, SOUTH CAROLINA; AND COMMITTING TO ENTER INTO SUCH NECESSARY AGREEMENTS WITH PROJECT LODESTONE TO EFFECTUATE THE INTENT OF THIS RESOLUTION; AND OTHER MATTERS RELATED THERETO. 11. Authorized approval of the Contractual work agreement between York County and Land Design Inc. for the purpose of updating the York County Comprehensive Plan, subject to the final approval of the County Manager and County Attorney. 12. Authorized approval of Change Order #1 with Hendrick Construction, Inc. for the McCelvey Center Annex Project. 13. Deferred request for funding from the City of York in the amount of $310,000 from the fund balance of the County Recreation Fund. 14. Gave 1st reading by Title Only of AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF YORK, SOUTH CAROLINA, THE LAKE WYLIE OVERLAY, CHAPTER 155.340 THROUGH 155.346, IN ORDER TO PROVIDE FOR A GREATER DETAILED PURPOSE AND INTENT FOR THE OVERLAY AND IN ORDER TO SPECIFY FURTHER THE PLANNING STANDARDS AND REGULATIONS APPLICABLE TO THE OVERLAY INCLUDING THE INCORPORATION OF BOTH UNDISTURBED AND DESIGNED OPEN SPACE REQUIREMENTS; PROVISIONS TO DISCOURAGE MASS GRADING; THE DESIGNATION OF A ZONE 2000 FEET FROM THE FULL POND ELEVATION CONTOUR OF THE LAKE IN WHICH MULTIFAMILY HOUSING IS PROHIBITED; INCORPORATION OF A MAXIMUM SINGLE FAMILY RESIDENCE DENSITY OF TWO UNITS PER ACRE; THE INCORPORATION OF A GREENSPACE SLIDING SCALE OF 25 TO 40 PERCENT; TO PROVIDE FOR A PUBLIC HEARING; AND, TO PROVIDE FOR OTHER MATTERS RELATING THERETO. Consent Agenda Approved the Consent Agenda and approved the minutes of the August 18, 2014 Council meeting, the August 18, 2014 Transportation Committee meeting, and the August 19, 2014 Council Workshop. Committee and Other Reports Finance & Operations Committee Meeting, September 2, 2014, Joe Cox, Chairman Council Member New/Non-agenda Comments
Council member William Bump Roddey provided a report regarding the Multi-Jurisdictional Task Force Meeting he attended. Council member Bruce Henderson requested a joint workshop with the County Council and the Hospitality Tax Commission. Council member Britt Blackwell stated that the I-77 Alliance was getting a lot of recognition throughout the State of South Carolina. Executive Session: Contractual Matters; Receipt of Legal Advice Matters for consideration following Executive Session Authorized the Execution of a Settlement Agreement in the York County, Culture and Heritage Commission and the Culture and Heritage Foundation lawsuit. Deferred items #5 - #8 under new business until the September 15, 2014 Council meeting. Adjourn