PAWLEYS ISLAND — A group seeking to form a new town on the Waccamaw Neck says it’s received more than half the signatures it needs to submit an application for incorporation, but a major hurdle remains: who will provide and pay for law enforcement services.
Incorporation proponents and the sheriff offer two different takes on how to clear the hurdle, with the sheriff going so far as saying that the group pushing for a new town has so far not agreed to meet with him to discuss public safety issues.
The Pawleys Litchfield Municipal Study Group, a nonprofit led by Pawleys Island resident Andy Hallock, hopes to incorporate a portion of the Waccamaw Neck stretching from south of Brookgreen Gardens to north of DeBordieu. The proposed town would have a population of 16,400 people, making it the largest municipality in Georgetown County.
The new town would encompass most of the 29585 ZIP code, according to the Pawleys Litchfield Municipal Study Group. Those who live in the lower Waccamaw Neck and have a Pawleys mailing address would largely be included, with some exceptions.
Last summer, the group began communicating with the public via email and Facebook. It recently began holding in-person meetings for the first time.
The effort to incorporate is driven primarily by a fear of overdevelopment on the Waccamaw Neck. The group seeks to take control of the area’s development decisions and to escape Georgetown County’s new comprehensive plan, which was finalized last year.
”All we’re looking to do is have an autonomous planning and zoning function,” study group member Jim Register said at an Aug. 9 information session.
Law enforcement is biggest remaining hurdle
The group needs to comply with a list of requirements before the Secretary of State can issue a certificate of incorporation for the proposed town.
Among the requirements is proof that the town will either directly or indirectly provide law enforcement services substantially similar to its existing protection.
At the Aug. 9 meeting, Hallock told residents the town would continue to receive services from the Georgetown County Sheriff’s Office. He said because residents are already paying for law enforcement with their county taxes, they would continue to receive the same level of service.
“Nothing changes between the last day as an incorporated area and the first day of an incorporated municipality” Hallock said.
But Georgetown County Sheriff Carter Weaver said that isn’t true.
The sheriff’s office would continue to respond to 911 calls, but there are other services it would not provide in the event of incorporation, Weaver said.
He explained that the new town would need to create a plan to pay for the housing of inmates, animal control services and court costs.
No such plans were included in the budget presented at the recent information meeting.
Additionally, the accommodations tax the new town would collect would take away from the A-tax money that the sheriff’s office uses for beach patrol services. Therefore, Weaver said he would not provide beach patrol services to the new town.
Weaver also raised concerns about agreeing to provide services before looking over the town’s land use plans. He said he wants to know what exactly he’s agreeing to protect.
“If they can answer all those public safety questions from my citizens, then I'll be glad to issue a letter,” he said. “But they can't.”
Weaver said he’s neither for nor against incorporation. His concern is that the group isn’t sharing factual information about what law enforcement for the town would like.
He said he’s been asking to meet with Hallock since May, but Hallock has yet to respond to his requests.
Weaver said he will not be pressured into signing an agreement without documentation of the town’s plans.
“They're trying to put political pressure on me, since I'm an elected official,” he said. “I can promise you, I am not going to change my stance based on misrepresentation. I'm not going to do it.”
Hallock declined to answer questions from The Post and Courier.
How would a new town work?
On Aug. 9, the study group presented an estimation of the town’s budget. It told residents it expects to bring in more than $1.6 million in revenue in its first year and more than $3.6 million in its second year.
It predicts the town’s expenses would be $868,590 each year for the first two years.
The group said $1.3 million of the new town’s revenue would come from insurance tax rebates. Other sources of expected revenue include State Aid to Subdivisions — funding for counties and municipalities through the Local Government Fund — and A-Tax money. Both would start to be collected in the second year of the town’s existence.
The town council would have discretion over what surplus money would be used for, although Hallock said some of it would likely be set aside for unanticipated expenses.
Hallock told residents that incorporation would not mean an increase in taxes and that the town could not legally impose a property tax.
Charlie Barrineau of the Municipal Association of South Carolina said there’s no law that explicitly prohibits new municipalities from imposing a property tax. However, the state Attorney General’s Office published an opinion in 2014 that states a new tax couldn’t be imposed without specific statutory authorization.
“They believe that if this was taken to a South Carolina court, that the court would rule that a newly incorporated municipality could not add a property tax millage,” Barrineau said.
He said existing taxes may not increase as a result of incorporation, but it would be up to the new town council to make that decision.
Hallock said the next step for the study group is to assemble an application for incorporation and submit it to the Secretary of State. The application needs to include a feasibility study and a petition signed by 15 percent of the area’s voters, among other requirements. The group aims to collect 3,000 signatures.
“We are well on our way to doing that,” Hallock said.
The feasibility study is roughly 90 percent completed, but the group still needs to determine the assessed value of the property in the area. That information comes from the county, Hallock said.
It will also need to submit a plan for how it will provide at least three municipal services before the third fiscal year after incorporation. The town or a contracted agency may provide the services, according to the MASC incorporation handbook.
The study group said the Georgetown County Water and Sewer District has already agreed to provide its services to a new town.
The town would handle its planning and zoning, and would create a comprehensive plan separate from the county’s, according to Cindy Person, director and legal counsel for Keep It Green Advocacy.
Person said the county’s new comprehensive plan allows for a dramatic increase in population and density on the Waccamaw Neck. At the recent information meeting, she told attendees that the county plan would allow for a maximum of 4,682 new houses to be built. That would mean a 70 percent increase in population, she said.
”If we do nothing, that’s our future,” Person said. “If we incorporate, the lower neck residents are provided with an opportunity to control their own future.”
The information was collected with the help of an expert in GIS mapping, she said.
Amy Armstrong, director of the South Carolina Environmental Law Project, said she disagreed about the potential effects of the county’s comprehensive plan.
She said the new comprehensive plan would decrease the allowable density by half if the zoning is brought into accordance with the plan, which the county has said it will do.
Person argued that the plan only appears to decrease density when compared with the existing zoning ordinances.
The study group doesn’t have a deadline for when it plans to submit its application, Person said.
”The target date is as soon as possible,” she said.
A committee would review the application and make a recommendation to the Secretary of State as to whether the area meets the minimum standard requirements for incorporation.
Then, an election would be held. Residents would vote on whether they want to incorporate, the name of the town, the form of government, whether elections would be partisan or nonpartisan, and the terms of the mayor and council members.
Another election would be held to choose the town’s officials.
Hallock said having a town council comprised of only Waccamaw Neck residents would mean more favorable land use decisions for the area.
“It's important that we have local people making the decision on what this area is going to look like over the next 10 years and beyond,” Hallock said. “That’s the key.”