"It's news to us," said Bernard S. Groseclose Jr., the president and chief executive officer of the state Ports Authority. "The town has not really communicated with us about it."
The ordinance to force development on the port property to comply with design standards in the overlay district had first reading about two years ago, but has gone without second reading at the request of the Ports Authority. At a workshop Wednesday, Town Council decided to take a final vote on the matter next week.
"I'm confused as to why this action is being taken now," Groseclose said. "We're not going after any new business until the planning is done."
Following Gov. Mark Sanford's public statement in July that the Ports Authority should close the money-losing Port of Port Royal, Ports Authority and Port Royal representatives began meeting to develop a plan for future port development.
The Ports Authority has agreed not to begin any construction until a development agreement with the town is reached, Groseclose said.
"I thought we had good conversations," said Groseclose, who, along with David Schronce, the director of the ports of Port Royal and Georgetown, has met with Port Royal's Mayor Sam Murray and Town Manager Van Willis.
"They understand the need for a careful planning process and we understand that the town will be part of the planning effort," he said.
Murray said he isn't sure if placing the property in the overlay district is the right answer to residents' concerns about the port.
"Zoning will actually determine what happens," Murray said. "As we develop a master plan for the area, that's when we should consider zoning."
Placement within the overlay district would give the town more input on design standards for future development on the property.
Port Royal resident Pete Cotter, who managed the Port of Port Royal on behalf of the state from 1985 to 1998, said an overlay district might not be the right choice, but that the town and the Ports Authority need to work together.
"Problems come up when people don't respect each other's desires," Cotter said. "I don't know if that's being done now, but they sure need to make the attempt."
The operational portion of the port needs to be able to operate without town interference, Cotter said, but non-operational property -- like where Port Royal Seafood and Dockside Restaurant are located -- could be placed in the overlay.
As of Thursday afternoon, Willis had not yet been in contact with the Ports Authority, as he was attempting to contact an attorney for the town to see if the ordinance must be revisited before final reading, given that first reading and the required public hearing occurred so long ago.
"I want to just make sure," Willis said.
According to Howard Duvall, the executive director of the S.C. Municipal Association, there is no time limit for second reading.
"Generally speaking, there is no time limit between first and second reading other than they must be (at least) six days apart," Duvall said. "Two years (between first and second readings) would not be illegal or improper."
The town has taken an active role in the planning of future development at the Port of Port Royal, even without use of the overlay district, Murray said.
"The citizens want us to take a more active role," Murray said. "That's why we want to work with the Ports Authority. That's why we want to be a part of the master planning. We want to be at the table when things are developed."