County re-enacts moratorium

2 council members switch votes

Special To The Chronicle
Posted 5/13/21

Lexington County Council has re-enacted its 6-month home building moratorium.

Building Industry Association officials believe the council’s building ban action violated Judge Debra …

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County re-enacts moratorium

2 council members switch votes

Posted

Lexington County Council has re-enacted its 6-month home building moratorium.

Building Industry Association officials believe the council’s building ban action violated Judge Debra McCaslin’s ruling.

The council restarted the moratorium after it voted 8-1 last week.

2 council members changed their votes.

Council woman Debbie Summers changed her vote from yes to no.

Council man Glen Conwell changed his vote from no to yes.

BIA attorney Jay Bender said he believed the judge told county attorney Jeff Anderson that the ban could not be restarted without a public hearing and 3 votes.

Earl McLeod of the BIA said he has requested a transcript of the judge’s ruling.

Judge McCaslin also ruled last week that the council:

• Violated the state Freedom of Information Act.

• Failed to hold a public hearing and 3 votes on the ordinance.

BIA attorneys Bender, Ben Joyce and Ellis Lessemann told the judge:

• The county violated the Freedom of Information Act by enacting an ordinance discussed in a secret meeting.

• The council did not comply with rules for holding a closed session.

• The council violated the FoIA by enacting the ordinance without informing the public.

County attorney Jeff Anderson argued for the county council that the ordinance was enacted as an emergency measure due to new subdivisions’ impact on roads, schools and other services.

Judge McCaslin ordered the building moratorium ended until the council:

• Advertises the ordinance.

• Holds public meetings on it.

• Conducts 3 readings and 3 votes.

BIA attorney Ellis Lessemann said the county violated its own procedures by putting the ban into effect with no public hearings and only 1 reading and 1 vote.

Builders feared that without a 2nd and 3rd vote the moratorium could last indefinitely.

County officials have argued that:

• Rapid growth has over-run county resources.

• A building pause will allow planners to weigh the impact of new residents on roads, storm-water systems and public safety resources.

Under the moratorium, if passed, the building of single family homes and subdivisions of less than 10 lots is still permitted during the 180-day freeze.

Larger housing developments — any application to develop 10 or more lots for new housing with lots of less than half an acre, or developments with some “attached land use activities” — would been postponed.

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