By Denise K. James

Work Session, 6 pm

Council met to discuss the four topics of transient vendors, beach franchise, elections, and maintenance through James Island’s Public Service District.

The topic of transient vendors began with zoning administrator Aaron Pope, who explained a switch in the ordinances. Ordinance 24-11 regarding the vendors, was never dealt with. The ordinance was replaced by Ordinance 3-12.

“Ordinance 3-12 is an amendment stating that, if you were a licensed, transient vendor last year then you may continue to be a transient vendor this year,” explained Pope.

Council Member Pennell Clamp asked, “What about if we don’t have as many transient vendors this year as we did last year? Will the spaces be filled by new vendors?”

Pope replied, “There will not be anyone else to fill in initially. Not until we decide on a new package.”

Council member Paul Hume suggested that once the vendor package is done, new vendors might be able to apply. Pope confirmed that it would be effective immediately.

Council moved on the Beach Franchise Topic. Mayor Goodwin asked if anyone on the Council had anything to change, but nobody did.

Council then moved on to the elections topic, which opened with Mayor Goodwin saying, “We need to figure what to do about these elections.”

Council Member Paul Hume spoke up. “I don’t really understand the purpose of having the county of Charleston either more or less involved. I truly do not get it. If we do keep doing the elections ourselves, there’s a lot involved. There’s a six year cycle, for example.”

“We could change that,” said Mayor Goodwin.

Council Member Charles McCarty said, “I suggest that we ask the county to draw up a distinct proposal regarding the costs and benefits of switching to them.”

“But how will we know the process of doing it ourselves in comparison to their process?” wondered Hume.

“Perhaps a few people could take a class on running our elections ourselves, so we’d be educated on each process,” said Mayor Goodwin.

It was decided that Council would begin the assessment of election processes by approaching the county for a proposal.

Council then moved on to the topic of JIPSD Maintenance. The discussion opened with Charlie McManus, City Comptroller.

“In 2001 there was an agreement on treatment and transportation between Folly Beach and the James Island Public Service District, but it has run out,” he began. “There is also a need for a new agreement for regular maintenance on the sewer system.”

“What will the cost change be with a new agreement?” asked Mayor Goodwin.

“Not much,” replied McManus. “We’ll charge about the same. General maintenance ran about $3000 per month last year, for regular upkeep without any extras.”

“What did it cost for the entire year last year?” asked Council Member Clamp.

“It was about $42,000 for the whole year,” responded McManus.

Council seemed unconvinced that the contracts would be exactly the same, especially without hard numbers to look at.

“All of the previous agreements have been submitted to the city attorney for careful review,” McManus assured them. “If the attorney sees a discrepancy, he’ll bring it to everyone’s attention and we will be able to work through it.”

Council seemed satisfied with this information.

Council Meeting Notes, 7 p.m.

All council members were present.

COMMENTS AND APPEARANCES

Mayor Goodwin opened by thanking Pet Helpers for assisting residents with lessons on how to handle animals. Then he turned his focus to beach renourishment.

“This has been quite a roller coaster,” he said. “But as of yesterday, things are moving along. Ernie Moore, the Chief of Repair and Recovery with the Federal Emergency Management Agency, said that he got in touch with Congressman Tim Scott, who contacted Governor Haley to see about getting help for us. In the conference call I learned that about $5.5 million worth of sand was washed away. That doesn’t include other damages. We’re still getting total figures together to send over. If Haley signs the orders, it will go to President Obama, to see if he’ll declare this as an emergency. The one catch is, we still have to pay 25 perecent of the $5.5 million, which would be around $1.3 million for us. We’ll have things to work out. But at least the ball is rolling.”

Mayor Goodwin also told everyone that PRC decided to go ahead with turning the Sand Bar into an eco-lodge.

“They said they still think it’ll be good for the city. O’Rourke said he’d be glad to come back and answer any questions. I guess we’re all going to find out what the heck an eco-lodge is,” he remarked with a laugh.

Jordan Sullivan approached the Council regarding a sporting tournament event for May 19. Most of the games would involve “Balls that Bounce on Water,” a special device that would be sold during the event.

Council Member Hume pointed out that it’s against Folly’s ordinances to sell things on the beach.

Council Member Eddie Ellis piped up, “Yes, this event sounds like a great idea, but if we agree to it then we’ll have to let everyone’s uncle from Orangeburg come on down and sell their kids’ handmade crafts on our beach.”

Sullivan agreed that selling her product during the event may not work. Council encouraged her to rethink the event and come back.

Michael Riffert approached Council regarding his property on East Erie, which flooded extensively last year. He said that he’d like to connect the property on East Erie with city sewer, rather than using a septic system, at his own expense.

Council deliberated on how much would be involved with changing over to the city’s system. Council Member Ellis said the properties were already equipped; they just needed to be connected properly.

Council Member Hume told Riffert to talk to Public Works first.

Next, Joel Flores approached the Council regarding a fundraiser basket ball game for Josh Dybzinski, a Folly Current graphic designer who was in a car accident. Flores proposed that the city basketball courts would be reserved for the game during the Sea and Sand Festival.

Council approved the fundraiser unanimously.

UNFINISHED BUSINESS

Resolution R01-12 – A Resolution by the Folly Beach City Council initiating “Operation Home Safe” for the protection of life and property of all citizens of Folly Beach.

Council Member Ellis said he wanted to put the Operation off and get outside funding.

Mayor Goodwin moved to kill the resolution and bring it back later.

Motion to kill passed, all in favor.

Resolution R02-12 – A Resolution by the Folly Beach City Council adopting the 2012 regular meeting calendars for the Folly Beach City Council, Planning Commission, Design Review Board, Community Promotion Foundation, Utility Advisory Board and Official Holiday Calendar.

Council Member Stuckey said she would like to switch February 7 meeting since she cannot attend.

Mayor Goodwin motioned to cancel the Feb 7 meeting, in favor of a February 21 meeting only.

Motion passed 6-1 with Council Member Paul Hume opposed.

Resolution R03-12 – A Resolution by the Folly Beach City Council authorizing the expenditure of $3,000 for smoke detectors and fire extinguishers to be given during “Operation Home Safe.”

Motion to kill passed, all in favor.

Resolution R04-12 – A Resolution by the Folly Beach City Council directing the City Administrator to return 100% of the local option sales taxes for property tax relief, if FY11-12 revenues exceed FY11-12 expenditures by at least $100,000.

Mayor Goodwin motioned to postpone until July.

Motion passed, all in favor.

Ordinance 24-11 - An ordinance amending the Folly Beach Code of Ordinances by amending Chapter 14 on Transient Vendors.

Mayor Goodwin motioned to kill the ordinance in favor of new ordinance 3-12.

Motion to kill passed, all in favor.

NEW BUSINESS

Resolution R05-12 – A Resolution by the Folly Beach City Council granting the sum of $500 to the Folly Beach Senior Citizens based on the Community Promotions Foundations’ recommendation for the distribution of community funds.

Passed, all in favor.

Resolution R06-12 – A Resolution by the Folly Beach City Council authorizing the Mayor to sign two agreements between the City of Folly Beach and the James Island Public Service District for the maintenance of six lift stations and the transport of waste water.

Council Member Clamp asked whether the billing would come from James Island or from the City of Folly; it was confirmed that the billing would be done by the City of Folly.

Passed, all in favor.

Resolution R07-12 – A Resolution by the Folly Beach City Council approving appointments of City officials.

Council Member Ellis motioned to open the floor for Nominations and nominated Bentley Price as Chief Judge.

Price was named, all in favor.

Resolution R08-12 – A Resolution by the Folly Beach City Council approving appointments of city officials.

Council Member Ellis nominated Joshua P. Stokes for Associate Judge.

Council Member Stuckey nominated Christopher Skipper for Associate Judge.

Stokes was named, 5-2 with Stuckey and McCarty opposed.

Resolution R09-12 – A Resolution by the Folly Beach City Council authorizing and directing the administration to continue daily operations of the water and sewer utility at the same spending levels as FY10-11.

Passed, all in favor.

Ordinance 01-12  - An ordinance annexing a certain property, located on Oak Island, more commonly known 2362 Palmer Creek Bend, TMS Number 328-03-00-086, into the City of Folly Beach by the 100% Petition Method. (First Reading, Introduced by Mayor Goodwin)

Mayor Goodwin voiced his concern that it costs the City of Folly Beach money to annex people.

Council Member Clamp said, “I sympathize with these folks wanting to be part of Folly Beach.”

Council Member McCarty said he would like more financial analysis.

Council Member Ellis motioned to postpone until February 21.

Motion passed, all in favor.

Ordinance 02-12 – An ordinance amending the Folly Beach Code of Ordinances, Chapter 31; City Government; by enacting a new Section 31.40; Municipal Election Commission. (First Reading, introduced by Mayor Goodwin.)

Passed, all in favor.

Ordinance 03-12 – An ordinance replacing Ordinance 24-11, stating that Licensed Transient Vendors from 2011 may continue into 2012.

Passed, all in favor.

COMMENTS

Council Member Paul Hume said he needed to make a correction about his statement regarding the Federal Government outlawing incandescent light bulbs.

“You can still buy them until they’re gone,” he said. “You just can’t manufacture them anymore. I needed to make that clear!”

Council Member DJ Rich thanked restaurant owners for their participation in Taste of Folly. He also reminded everyone about the fence-building party for the dog park this weekend.

Council Members Dale Stuckey, Eddie Ellis, and Pennell Clamp reminded everyone to contact legislators regarding the beach renourishment issue.

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By Christine Wilkerson

With the ban on bicycles on the James Island Connector set to go into place as soon as signs are up, bikers will have no safe, legal way to get to the peninsula from James Island or the reverse. The news that the City of Charleston will start enforcing a little known rule that restricts bicycles on roads with exit and entrance ramps has frustrated and angered the community. Many bicyclists depend on the James Island Connector as a way to get to and from work, and recreational riders regularly use it to go out to Kiawah and Folly Beach.

It is not known when signs will go up, but Mayor Riley has said that the city will acknowledge the signs and will enforce the law. Tom Bradford of Charleston Moves says, “the alternative route over the Wappoo Cut bridge is extremely dangerous and predictably, people will get hurt or possibly killed.” Bradford believes the law is absurd and untenable in this day and age. Countless people commute across the connector on a daily basis. Charleston Moves will be meeting with Road Wise representatives in hopes of working towards a solution with the Department of Transportation.

Fran Clasby, who lives downtown, frequently uses the James island Connector to ride out to Folly Beach to visit his family. Clasby points out that the city of Charleston adopted a “Complete Streets” policy back in 2008 that unfortunately does not apply to the James island Connector.  The “Complete Streets” policy only applies to new or retrofitted roads. The policy states that in making decisions relating to the planning, design and maintenance of public street projects or public street reconstruction projects, the city shall ensure the accommodation of travel by pedestrians, bicyclists, public transit, and motorized vehicles and their passengers, in a regular part of the permitting process for such public street construction and/or reconstruction projects.

The resolution acknowledges that the city of Charleston is committed to creating thoroughfares that safely accommodate all modes of transportation. It also acknowledges that a large percentage of the Charleston population does not have access to personal automobiles and the only alternative transportation options are walking, bicycling or using public transit. It further states that increasing walking, cycling and the use of transit offers the potential to improve the health of the community, decrease congestion, decrease air pollution, decrease dependence on fossil fuels and their foreign supply sources, and increase the efficiency of road space and transportation resources.  The irony is that at this point in time, no plans have been announced by the mayor or Charleston city council or any other representatives of the city or county to contact DOT on behalf of the community to work out ways of keeping the James Island Connector open and make it safer for bicyclists and pedestrians.

Katie Zimmerman of the Coastal Conservation League points out that there are several inexpensive ways to make the James Island Connector safer for bicyclists, such as lowering the speed limit to 40, adding rumble strips and signage, and alerting motorists to look out for bicyclists.

“We’re a city that is supposed to be bicycle friendly,” Zimmerman points out. Charleston is indeed listed as one of the top 50 bicycle friendly cities in the United States in Bicycling magazine. CCL asks people to contact their elected officials at the local and state level and tell them the James Island Connector needs to be kept open and retrofitted to accommodate bikers and pedestrians.  Contact information for elected officials is available on CCL’s website.

Some feel the city is “blaming the victim” since Dr. Mitchell Hollon was killed on the Connector by a driver not paying attention.  All of a sudden there seems to be a liability problem, and instead of making it safer for bikers and pedestrians, they get banned all together. Others argue that the connector is a “freeway” because it might eventually join up with I-526, and therefore the ban is the right thing to do.  To make things even more confusing, the DOT has previously said the completion of the “526 parkway” would likely contain access for bicyclists and pedestrians. So then would all bikers and walker have to get off before crossing over to Calhoun Street?

I think the only thing most people can agree on is that the James Island Connector is the easiest and safest way for bicyclers to get back and forth to the peninsula. As a public road, it must be open to all modes of transportation.  Remember whose tax dollars paid for this thing.  Although we know there is a brain disease that stops all rational thought when people get elected, write them anyway and tell them how you feel about this. Write your council person, legislator, congress person and anyone else that might help and hope that maybe, just maybe once, they will listen to the will of the people.

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By Stratton Lawrence

A house fire or burglary can be a devastating event to a family, taking a toll both financially and in the emotional loss of losing one’s possessions and heirlooms. At the January 10 council meeting, Councilmember Eddie Ellis proposed two resolutions packaged together as ‘Operation Home Safe’ to help prevent break-ins and fires.

“Working with the chief of police, the fire marshal, and building official Eric Lutz, we developed a program where any full time resident can call public safety and set up an appointment to have the fire department come down with a checklist and inspect your home for fire safety hazards,” explains Ellis. “They’ll also give you tips on how to make it burglar proof and make your house more secure.”

The program would give participants free smoke detectors and fire extinguishers, provided they participate in a short training program on their usage. Ellis’ plan calls for $3,000 to be used from council discretionary funds to fund the program. He adds that participants would get a certificate from the city that could help obtain discounts from home insurance companies, also clarifying that a liability waver would prevent people from holding the City accountable in the event of an accident.

Ellis met some resistance from council, mostly in the form of requests for clarification and explicit caps on spending levels. He specified that the city would begin by purchasing about 200 smoke detectors and 80 fire extinguishers. The extinguishers would cost $18 each and the smoke alarms are $7, says building official Lutz.

Several council members pressed Ellis for details about limits on individual households, before voting unanimously to postpone the resolutions until after they could be discussed in a work session.

Mayor Goodwin says he thinks the city can pursue the resolution, but because of the financial obligation it could ultimately be tailored for senior citizens.

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Logistics of New Years Eve event bring tensions to light

By Stratton Lawrence

In the end, 2012 began on Folly Beach with a happy celebration. Dropping a giant pair of flip-flops as the clock struck midnight seemed right in line with our island’s laid back reputation. But unbeknownst to many of the revelers on Center Street, working out the logistics of where the flops would be dropped proved difficult.

When Charlotte Goodwin and Ken Hickman came before City Council on November 15 to request a variance allowing open containers outside for the midnight ‘Flip Flop Drop,’ everyone seemed on board. Their plan was to drop them from the 9^th floor of The Tides hotel, and Goodwin assured Council that she’d spoken with the hotel and gained their approval.

Weeks before New Years Eve, however, the plans were altered to drop the flops from the ladder of a fire truck, rather than the hotel. The Tides claims it never agreed to host the event in the first place.

“I personally believe it is unfair that some people in the community believe that The Tides reneged on the Flip Flop Drop,” says Jonathan Weitz, President of Avocet Properties, which owns and manages the hotel. “While it was discussed conceptually, Ken (Merkel – General Manager of the hotel) had some very serious logistical concerns and wanted to discuss the relationship with the City. We find it very unfortunate that The Tides was announced as the location before all the logistics could be discussed.”

According to Mayor Tim Goodwin (Charlotte is his wife), Avocet approached the city with a few requests in exchange for hosting the event. After serving food and drinks on the beach for over 20 years to customers who rent chairs in front of the hotel, says Merkel, the city disallowed that practice at the end of last summer. In addition, The Tides has met regulatory questions from the city in their efforts to move sand currently encroaching on their parking lot.

Lastly, Avocet took issue with Mayor Goodwin for insisting that a vacationing family of renters evacuate a house managed by the company that had a leaking septic system in November. Avocet Director of Property Management Dee Bruggeman explains that the house, located at 803 West Ashley, had a history of septic problems, requiring the owner to completely replace the system in early 2011. After a full summer season of rentals without incident, the system malfunctioned unexpectedly in the fall.

Mayor Goodwin balked at the idea of meeting Avocet’s requests in exchange for hosting the Flip Flop Drop at The Tides.

“We hold them to the same standards that we hold everybody,” says Goodwin. “We can’t give them a ‘bye’ on any city ordinance or regulation. Everybody has to be treated the same.”

Combined, Avocet and The Tides are the single largest tax contributor to the City of Folly Beach, says City Administrator Toni Connor-Rooks. Despite that, Goodwin says, he’s not willing to make special exceptions, even when a rule has been overlooked for decades.

In August, Goodwin says that he was offered a ‘shooter’ by a waitress from the hotel while talking with friends on the beach, nearly 200 yards from The Tides.

“We have an ordinance that says no goods or services can be sold on the beach except the rental of jet skis, umbrellas, and chairs, and those are by franchise; plus, the state says you can’t serve alcohol in a public place,” says Goodwin. “I can’t tell (Snapper Jack’s) and (Planet Follywood) and (Locklear’s) that they can sell food and drinks on the beach. If you play favorites like that then you get into a real problem.”

Tides GM Merkel believes that the hotel’s situation is unique.

“Even within the City administration, different people have interpreted that ordinance a lot differently than the Mayor does,” says Merkel. “We continue to try to improve and get more people down on Folly, and one of the ways to do that is to continue to improve on our guest experience.”

Merkel points out that hotel staff clean the public beach three times a week during the tourist season, at no cost to the city. He says that allowing customers to place an order at the hotel, or even from their rental chair, and have it delivered to them is integral to the hotel’s vision for the guest experience. Merkel admits that the employees who approached the Mayor may have ventured too far down the beach, but he disagrees that the action warranted a ‘hard mandate’ ceasing a long-standing practice at the hotel.

“It’s tough when you feel like you’re trying to do as much as you can, and it doesn’t feel like you’re appreciated or there’s no reciprocal-type thing,” says Merkel, adding that the beach-serving issue arose just before Hurricane Irene. With the season ending, the issue wasn’t again broached until conversations about the Flip Flop Drop commenced.

Merkel also voices frustration about efforts to remove sand from The Tides’ parking lot and place it back on the beach, claiming that the City has forced them to jump through hoops to gain approval.

Goodwin claims that for that particular issue, the City is simply assuring that the necessary steps are taken to assure that any sand-moving actions don’t affect requests for renourishment through the Army Corps of Engineers.

After the Thanksgiving weekend issues at 803 West Ashley, a million-dollar home, Avocet ultimately decided to drop the property from their rental listings. Bruggeman claims that the owner and Avocet actively worked to remedy the problem, pointing out that after the septic system was replaced, the number of guests listed for the house was dropped from 14 to 12. She adds that DHEC signed off on the new septic system as fully functional, and says the backup over Thanksgiving weekend came as a complete surprise.

Mayor Goodwin claims he received phone calls from neighbors upset about raw sewage leaking from the system. He personally visited the house, speaking with an Avocet representative who agreed to relocate the vacationing family to another property. Bruggeman claims that the Mayor addressed the guests directly, while Goodwin says he dealt specifically with Avocet’s property manager.

Goodwin says it’s just another case of enforcing the rules fairly with every business.

“You can’t keep having sewer running down the street, and you can’t sell goods on the beach. The Tides property line ends at the sea wall,” says the Mayor. “Just because nobody complained or got caught in the past, it’s just like speeding — don’t get mad when the one guy does catch you.”

Regarding the Flip Flop Drop, The Tide’s Merkel says that not hosting it had little to do with the other issues they addressed with the city. The hotel hosted its largest private party to date on New Years Eve, and Merkel had serious concerns about onlookers viewing the Drop without filtering through the hotel and into the private party, which featured fireworks on the beach side of the hotel.

“The logistics just got to be overwhelming,” says Merkel. “With the fact that we were battling a high tide at 12:20 a.m. that evening, all indications pointed to it being a nightmare to monitor it and provide extra security.”

Avocet’s Weitz adds that the company was open to discussions about making the Drop work at the hotel, but that “the strained relationship with the City did not put us in the best frame of mind to try to work through those logistical issues.”

Weitz points out that his company donates space and food to the Surfer’s Healing nonprofit, office space to Save the Light, and land for children’s activities during the Sea and Sand Festival.

“We think it is important for local businesses to be a part of the fiber of the community and actively participate to make the community better.  Our actions over the last six years have demonstrated our commitment to keeping Folly Beach a great place,” says Weitz. “However, it has to be a two-way street and the city also needs to recognize that we are a part of this community and contribute greatly to the revenue needed to provide vital city services.”

During the first two weeks of January, The Tides and BLU Restaurant closed their doors for an early spring cleaning and renovation, investing $250,000 in new paint, refinished floors, steam cleaning, and an overhaul to the pool area. The hotel reopened on January 13.

“We are not looking for preferential treatment, we just would like to be able to continue to provide the great customer service we have become known for,” says Weitz. “I think it would be great to be able to sit down with City officials and discuss what they would like to see from the island’s only full service hotel. We have tried very hard to differentiate ourselves from all the other hotels that line the strip in Myrtle Beach and other beach towns by providing a unique beachfront experience.”

Weitz stresses that the guest experience extends to the beach area in front of the hotel, and says that allowing guests to order a hamburger from their beach chair has been common practice for years (since before his company even purchased the hotel) and is part of the hotel’s effort to show visitors ‘how great Folly is.’

As both the largest taxpayer and an influential member of the business community, Avocet and The Tides’ perception of a deteriorating relationship with the City could have larger ramifications. Merkel points out that the City’s financial coffers have largely weathered the national recession, thanks in large part to the people that visit Folly Beach and the tax dollars that thus reach the local government.

Since the Folly Current began making inquiries to council members about the issue, an ‘olive branch’ has been extended to the company, and a meeting to work out the perceived issues is in the works.

Mayor Goodwin also emphasizes that he’s always available to talk and work out any problems. “But I am not in a position to tell anyone that they can do things that are not just like everybody else can do them,” he adds.

“We just want to give Folly wider appeal and get more people to come down here,” says The Tides’ Merkel. “It’d be a lot easier if we were all getting along together.”

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By Denise James

All council members were present.

COMMENTS AND APPEARANCES

Mayor Goodwin and Office J. Couche introduced Folly Beach’s new Sergeant, Kevin Barckle, from Pennsylvania. “He has lots of experience, including fire-fighting certification,” remarked Couche.

Barkle said, “I just turned 44 in August and I wanted to use the extensive training I have and not work at a supermarket. I really love the area. It’s a perfect fit so here I am. I’m so happy to be on Folly Beach.”

Couche said citizens could meet the new Sergeant at Taste of Folly next week.

Next, Kevin Whitsitt was introduced as the new director of Utilities and Public Works for Folly Beach, starting in February of 2012.

Mike Richards was presented with an award for giving his time in public service as planning commissioner member.

Carol Linfield thanked Council for their support of Pet Helpers in the past year, and commended the city on the NYE Flip Flop Drop.

Representative Peter McCoy from James Island said, “I am honored to be your representative for Folly Beach and I would like to reiterate that my door is open. I grew up coming to this beach. It’s dear to my heart. One of my priorities this year is to work with the state and feds for the funding for the sand for our beach.”

UNFINISHED BUSINESS

Ordinance 32-11 – Raises sewer rates 9.8 percent

Third reading passed 5-1 with Ellis opposed.

Ordinance 37-11 – Clarifies that a home that doesn’t meet flood code cannot be improved beyond 50 percent of the market value of the building for ten years without first bringing it up to meet flood code.

Councilmember D.J. Rich tried again to change the language from ten years to five. The amendment failed. The ordinance passed its third and final reading.

NEW BUSINESS

Anton Dumars was appointed to be on the Planning Commission by Council Member Ellis.

Resolution R01-12, A resolution by the Folly Beach City Council initiating “Operation Home Safe” for the protection and property of all citizens on Folly.

(See story in this issue for details). Eddie Ellis clarified that the program is strictly voluntary, and would begin on March 19. DJ Rich wanted to know what the cap is on the money provided for extinguishers and smoke detectors. “It is not clarified and it should be,” he said. Ellis stated that any surplus from the allotted $3,000 for the program goes back to Council spending. Rich complained that it doesn’t say that in the Resolution. Council member Paul Hume asked how folks’ homes will get checked; Ellis said they will fill out paperwork agreeing to every year. Mayor Goodwin remarked that “it’s sometimes cheaper to buy new supplies yourself than to get checked by an outside company such as Liberty Fire, which is who Ellis suggested. Mayor Goodwin moved to postpone the issue.

Motion to postpone issue passed unanimously.

Resolution R2-12 A Resolution by Folly Beach City Council adopting the 2012 Regular Meeting Calendar for Folly Beach City Council.

DJ Rich motioned to move the February 14^th council meeting to February 7^th, since many council members would be out of town.

Motion was passed 5-1 with Stuckey opposed, saying she would not be available on the 7^th.

Resolution R3-12 A Resolution by the Folly Beach City Council authorizing the expenditure of $3,000 for Operation Home Safe supplies.

DJ Rich motioned to discuss the cap at next week’s work session.

Motion passed unanimously.

Resolution R4-12 A resolution by Folly Beach City Council directing the city admininstrator to return 100% of local option sales taxes for property tax relief, given FY 11-12 revenues exceed expenditures by at least $100,000.

DJ Rich said, “My thought was beach renourishment project, but we have other things coming up as well.”

Eddie Ellis said, “I think it’s important to return the money to the property tax payers. There are a lot of folks that live on fixed incomes. Lets retain what we like about folly.”

Hume said, “The idea is great, and I’m all about giving us our money back, but prematurely committing to that might not be wise.”

Ellis motioned to decide on what to do with any money closer to the budget time, perhaps in July.

Motion to postpone passed unanimously.

Resolution No. R05-12 A Resolution by Folly Beach City Council to close Center Street for Taste of Folly to corner of Huron and Center.

Passed, all in favor.

COMMENTS

DJ Rich told everyone that plans are continuing for the Dog Park, particularly working on fencing and signing. Rich declared Saturday Jan 28^th to be a dog park fence building party. No construction experience necessary.

Dale Stuckey reminded everyone that if they know anyone in Congress to talk to them about renourishment.

Council Work Session, January 10, 2012

By Denise K. James

Council met to discuss the topics of the Folly Beach Park’s renourishment, as well as election boards. Mayor Goodwin opened the discussion by giving the floor to Mr. Tom O’Rourke, Charleston County Parks and Recreation Commission executive director.

O’Rourke began by stressing how dire the situation is, and how sad the prospect of erosion is for Folly Beach.

“We don’t have time to wait on something to happen with the state and the feds,” he said to council. “We’re going to go ahead and move forward. The park is too important, and we have to bring it back. So far, we’ve gone ahead and asked a coastal engineer to look at our permits and see about bringing in sand.”

O’Rourke emphasized that he didn’t believe Folly would receive any “special” money in 2012 to take care of the beach’s renourishment problem.

“Honestly, I don’t think we’ll get any money right now, but if we get our regular money for 2013 everything should be fine,” he said. “I do think we’ll get that much. In the meantime, if it makes sense to the Coastal Engineer we have on board, we’ll do something sooner. We’re fighting for this. It might be expensive, but we’ll try to move forward and keep you informed.”

O’Rourke next began talking about the possibility of turning the old Sand Bar Restaurant into a county-funded lodging facility.

“I’ve been talking about buying another property on this island,” he announced to a wary council. “It’s the old Sand Bar restaurant. The family wants to gift this property to us if we agree to maintain it as it is right now. But I told him we’re not interested in competing with other restaurants on the beach.”

O’Rourke went on to explain his vision for the old restaurant, which entailed a lodging facility for “outdoor adventurer” types who want to visit the Folly area.

“What we will do is have a sort of lodge—where people can come, stay for maybe a week at a time, and do different kinds of outdoor activities,” he said. “This would be a great stop on the Blue Water Trail. It could be really good for the island and produce year-round tourists. But none of this is a done deal yet; we’re just talking about it so far. What we’re working on now are people living there in the apartments who don’t know about any of this yet. We do want to give them sufficient time.”

At this declaration, the council began to look very uncomfortable and O’Rourke tried to smooth their feathers.

“It’ll be a while—30, 60, maybe 90 days–to get it empty, so it’s not immediate. We feel like the donation of this property will be amazing, “ he stressed.

“What about the plans for the waterway?” asked council member Charlie McCarty.

“We’ll leave the dock just the way it is,” replied O’Rourke.

“We’re just concerned about the congestion with river boards, et cetera,” said McCarty.

Council member Paul Hume said, “Also, do you see that as competing with the private hotels and rental houses?”

“That’s fair. It would be foolish to say there’s no conflict,” conceded O’Rourke. “But what we are not after are people who want to enjoy Folly. We want people to utilize our outdoor programs. You aren’t just coming to enjoy the beach—it’s an eco lodge of sorts.”

“How many people?” asked Council Member Dale Stuckey.

“Very small. A few people,” replied O’Rourke. “We won’t use it as a restaurant, but we could use the space as a classroom or reception hall.”

“What about a Conference center?” asked McCarty.

“No. This is for the person doing outdoor activities, like kayaking, said O’Rourke.

The council members looked at each other, not thoroughly convinced. Finally, council member DJ Rich spoke up.

“You are taking a residence away from a significant amount of people. You’re kicking out people who have lived here on this island for forty years!” he exclaimed.

“They have options. We’re not kicking them out. The owner would take action either way,” responded O’Rourke.

“It’s another piece of Folly Beach gone. That’s going to be sad. They’ll be gone from the island, those people,” mused Council member DJ Rich.

“People think the county is trying to take over,” said Hume.

Moments later, the discussion returned to the park erosion.

“If something happens and the park isn’t open for 2012, is the money for beach nourishment still coming through?” asked Rich.  “We have several pieces of property that need that money. A lot of people will feel like they aren’t getting fairly compensated for something new on the island.”

O’Rourke began to look defeated. “Perhaps this idea isn’t good for Folly Beach after all,” he said. “If this council is against it, it won’t happen.”

“We need more information,” said McCarty as O’Rourke stepped down from the podium.

“Basically, we have good people on the renourishment committee,” said Mayor Goodwin. “We have a good lobbyist in Washington, and their agency is working for us at no cost. They are going to send a letter to our Senators that says how this is a federal problem.”

The council brainstormed on how future erosion problems might be solved.

“We need to look at another system down the road,” said Hume. “The contract will run out in about 30 years. Some of the best engineers are the Dutch. They’re under water. “

McCarty laughed.  “What’s experimental in the US is proven in the Netherlands!”

“Anyway, everyone who knows an elected official needs to get in touch with them,” said Mayor Goodwin.

“We need to show what it means to them,” said Hume. “We need to show Folly’s revenue in relation to the state”

“I gave it to them for one year already and that impressed them,” said Mayor Goodwin.

Later, the council members refocused their attention on the election board issue.

“They sent us something that tells us nothing,” complained Hume. “I thought they’d make it clearer like they said they would. I want to know the advantage of these folks doing this. I don’t see those advantages listed here. I don’t see what the city of Folly Beach gets. The other thing is, as I look at this information, the commission that we currently have isn’t even legal. Let’s be honest.”

Mayor Goodwin replied, “If we want to keep things the way they are, we have to have an election, but we’re not going to have one before Jan 21.”

“Do we have people to do it?” asked Hume.  “Did any of the people resign?”

“Yes,” said Mayor Goodwin.

“ Is there an advantage for going to the county?” asked Hume.

“It might save $600. That’s what I heard,” replied Stuckey.

The council members deliberated for a few moments on what the most cost effective option would be. No one could say for certain if money would be saved through letting the County take care of elections.

Mayor Goodwin finally said, “If it’s something like a five dollar discrepancy, then that is not much.”

“What could the county handle for us?” asked Hume.

Stuckey said, “They could handle it completely, or let the election commission do part of it still.”

Hume said, “We still have to pay for publishing, printing, all expenses incurred by the county. What would we really be saving anyway?”

Mayor Goodwin said, “With the county, we might get people from West Ashley, North Charleston, James Island…”

After a few more minutes of discussion, the council members seemed to agree that keeping things the way they are is best, and any cost differences are too small to mention.

“I don’t see any reason to change it to the county. Right now the only thing we can do, if we aren’t going to the county, which I assumed from the beginning, is just to continue how we are,” said Mayor Goodwin.

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All council members were present except Eddie Ellis.

COMMENTS AND APPEARANCES

Council approved the Splash and Dash swimming and foot race on July 28 to raise money for the S.C. sea turtle hospital, with an amendment by D.J. Rich to cap the number of race participants to 100 people.

Joseph Debney, the director of the County Board of Elections, spoke to council about the city’s options for transferring control of elections to the County. Kiawah, Sullivan’s Island, and Isle of Palms all let the county run their elections, said Debney. He said it would benefit the city to eliminate its election commission because the County staff works with elections constantly, undergoes regular training, and would take over certification of vote totals (Folly Beach’s commission certified incorrect numbers in the initial November election this year).

Nancy Smith of 1207 Tabby Drive expressed concerns that Ordinance 43-11, an initiative to use Christmas trees to restore sand dunes, would negatively affect the amount of turtle nesting habitat.

UNFINISHED BUSINESS

Sewer Package

Ordinance No. 30-11 – Moves the first $40,000 collected each year from the hospitality tax account to the city’s capital acquisition fund.

Passed second and third readings unanimously.

Ordinance No. 31-11 — Repeals sewer PILOT (Payment in Lieu of Taxes) fees.

Passed second and third readings unanimously.

Ordinance No. 32-11 – Raises sewer rates 9.8 percent

Paul Hume said that Eddie Ellis had asked him to relate that had he been present, he would not have supported a rate increase. Mayor Goodwin criticized Ellis for his way of getting out of the vote on 32-11, and Hume stated that he believed Ellis was sick.

The ordinance passed 5-1, with Rich opposed.

Ordinance No. 33-11 – Designates the $60,000 annual expense to pay off the Folly River Park come from the Municipal Accommodation Fee Special Revenue Fund

Passed second and third readings unanimously.

Flood Insurance Rate Package

Zoning Administrator Aaron Pope explained that this series of ordinances is designed to better the city’s score on a FEMA evaluation that determines the rates homeowners pay for flood insurance. Passing the package of ordinances could save each owner an additional $100 annually, on average, said Pope.

Ordinance No. 34-11. Formalizes a requirement that nonresidential construction must be elevated no lower than one foot above the bass flood elevation (BFE).

Passed second and third readings, all in favor, with a clarification that it does not raise the overall height allowance by one foot.

Ordinance No. 35-11. Requires final plats of proposed developments to clearly indicated the BFE on their plans.

Passed second and third readings, all in favor.

Ordinance No. 36-11. Requires homebuilders to sign a piece of paper acknowledging that they are not allowed to build habitable space below the BFE underneath an elevated house.

Pope clarified that this ordinance makes it less likely for a future owner of a house to build below the BFE and then claim ignorance of the law.

Passed, all in favor.

Ordinance No. 37-11. Clarifies that a home that doesn’t meet flood code cannot be improved beyond 50 percent of the market value of the building for ten years without first bringing it up to meet flood code.

An amendment to change the language from ten years to five years failed 3-3.

The ordinance passed 4-2, with Rich and Pennell Clamp objecting.

Ordinance 38-11. Changes construction standards to B zone regulations in A zone areas on Folly Beach, requiring breakaway walls at ground level.

Passed second and third readings, all in favor.

NEW BUSINESS

Alan Kleinfeld was appointed to the Board of Zoning Appeals.

Resolution No. 43 -11 – Creates a “Dunes Day” where citizens recycle their Christmas trees with the city, using them for beach nourishment to replenish critical sand dunes.

D.J. Rich said that the resolution is the most involved piece of legislation he’s been a part of on council, citing OCRM permitting requirements and considerations to protect turtle nesting habitat. He said that trees would be stored in the City’s lot at 512 East Erie. Once the trees are placed on the beach, Rich said if dangers arose or they washed away they’d be removed. If the necessary permits can’t be acquired, they’ll be mulched down and used elsewhere.

The resolution passed, all in favor.

Ordinance No. 29-11. – Requires that political signs be installed no sooner than 30 days prior to elections and removed no later than two days after certification of an election.

No motions were filed so the ordinance was shelved.

COMMENTS

D.J. Rich said that he’d written checks for over $3,000 to cancer patients on Folly thanks to money raised at Follypalooza. He urged citizens to contact him about patients in need of help.

Paul Hume pointed out that people had until January to go out and buy 100 watt incandescent light bulbs that would soon be illegal thanks to ‘our other nanny government.’

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City Council

December 8, 2011

Work Session, 5 p.m.

Council met to discuss how to govern transient vendors in 2012, including food trucks, sidewalk art and jewelry stands, and rental companies. They struggled to define a transient vendors, bringing to light ‘brick and mortar’ businesses like the Sand Dollar that might have art for sale hanging from their walls outside. Another issue arises when brick and mortar businesses contract to allow another business to operate on their outside property, like a moped rental outside Black Magic Coffee.

“I don’t think it’s right for you to tell me that I can’t sell t-shirts and rocking chairs at Follywood if I want to, but I’m not going to have a mobile cart outside selling those things,” said council member and Planet Follywood owner D.J. Rich.

Council member Paul Hume stressed that transient vendor definitions needed to be defined, possibly with exceptions for brick and mortar businesses selling merchandise outside their building. He added that a company like Black Magic might say, “You’re allowing them to sell jewelry down in front of the Dollar in the day time. Why can’t we sell motorcycles to people who get all jazzed up on our coffee?”

Rich pointed out that transient vendors haven’t been a problem over the last few years, but that council is now trying to prevent an over abundance of them. Talk arose of grandfathering in existing vendors on Folly. Rich raised the possibility of a range of licenses so that the city wouldn’t be flooded with just one type of vendor.

Confusion continued, and Paul Hume said that if council couldn’t agree on what a transient vendor was, “then let’s go get a beer because we’re wasting our time.”

Mayor Goodwin pointed out a recent news story about the popularity of food trucks, saying “get ready, it’s going to get worse.” He suggested a ‘food truck park’ at 3^rd block west, where the vendors could maintain the bathrooms.

Rich said he felt like residents appreciate the ‘funky feel of something like a food truck’ that’s unique and different. Goodwin said that he personally does not want to see mopeds rented on Folly Beach. Rich said that any problems with moped drivers can be fixed with existing laws instead of a ban.

Zoning Administrator Aaron Pope told council that he just needs to know how many transient vendors the city wanted to approve, and how many of each kind, and that he would draft an ordinance.

Hume broke transient vendors down into three groups: rentals, food, and non-food sales. He suggested putting a number cap on each category.

Pope spoke of the problem with vendors in the past who argue that they’re not transient and don’t pay the fee, calling for legislation to enforce fees in the future. Pope said he would draft an ordinance for council to review.

Special Meeting, 6 p.m.

CITIZENS COMMENTS

Susan Breslin of 1113 East Arctic pointed out language in the Flood Plain package being presented that might be interpreted as allowing increased elevation in houses and asked council to amend that to not change the current rules.

Aaron Pope introduced five ordinances that together could lower Folly’s community rating system (CRS) score with the Insurance Services Office that regulates flood insurance. By lowering Folly’s score from 8 to 7 on the 1-10 scale, each person on Folly with a flood insurance policy could save $195 each year, totaling approximately $300,000 in annual savings community wide.

Ratings are determined every five years, and Folly is currently up for reevaluation. The auditor suggested several ways Folly could lower their rating to achieve the savings.

Council turned down a motion to approve the five ordinances in one package, instead choosing to consider each one individually.

Ordinance No. 34-11. Formalizes a requirement that nonresidential construction must be elevated no lower than one foot above the bass flood elevation (BFE).

Passed, all in favor.

Ordinance No. 35-11. Requires final plats of proposed developments to clearly indicated the BFE on their plans.

Passed, all in favor.

Ordinance No. 36-11. Requires homebuilders to sign a piece of paper acknowledging that they are not allowed to build habitable space below the BFE underneath an elevated house.

Eddie Ellis clarified that these areas could be finished off as “a dart board room, or lawn mower storage.” Pope said it couldn’t be habitable space. Ellis clarified that it could be a “boy’s night out room, or a man cave.”

Passed, all in favor.

Ordinance No. 37-11. Clarifies that a home that doesn’t meet flood code cannot be improved beyond 50 percent of the market value of the building for ten years without first bringing it up to meet flood code.

Pope clarified that the rule was previously one year and had been recently changed to three years. He said that FEMA requires a minimum of five years, and that the Folly Building Department had decided on a ten year requirement.

Rich suggested an amendment to lower the recommended time from ten years to five years. Goodwin pointed out that the ordinance relates to major work, suggesting that a house should be brought up to code regardless, whether it’s one year or 20 years.

“The ultimate goal of flood plain regulation is to bring the community into compliance,” said Pope. “The point of our whole program is to get all the buildings in the flood plain elevated. It reduces future claims and it reduces future loss of life.”

Council voted on an amendment to change the ordinance from ten years to five years. The amendment failed 4-3.

The original ordinance to change the requirement from one to ten years passed 5-2.

Ordinance 38-11. Changes construction standards to B zone regulations in A zone areas on Folly Beach, requiring breakaway walls at ground level.

Pope explained the difference in A zones and B zones on Folly Beach, and the building requirements about elevating above or at BFE and the allowance of breakaway or vented walls at ground level.

Passed, all in favor.

During council comments, Eddie Ellis said he’d found an old family bible and discovered that his great grandfather was the highway commissioner of Bath, New York. “It kind of runs in my blood why I know traffic circles won’t work,” said Ellis.

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By Stratton Lawrence

In a runoff election on December 22, Dale Stuckey narrowly edged Sandra Hickman for the space vacated on Folly Beach City Council by departing member Laura Beck. Stuckey won with a count of 216 votes, to Hickman’s 213.

The race’s close results cast new light on small but persistent hiccups in Folly’s voting system. In November 2010, many citizens of Folly’s second precinct waited for nearly two hours to vote after Charleston County delivered machines loaded with ballots for James Island instead of Folly Beach.

One year later, voting went smoothly for citizens in November’s council runoff election, but problems persisted in the counting of votes. Folly Beach’s Municipal Election Commission certified 578 votes as follows: Dale Stuckey 192, Sandy Hickman 147, Vernon Knox 129, Lewis Dodson 71, Alan Kleinfeld 39. Those numbers are sent to the S.C. Secretary of State and cannot be changed.

The issue arose when Charleston County presented its numbers, tallying slightly higher figures for each candidate as follows: Stuckey 214, Hickman 150, Knox 132, Dodson 73, Kleinfeld 42.

Folly Beach Election Commission member Retta Laurey says the discrepancy was due to absentee voters and voters on James Island not being added to the count.

The change in numbers did not affect the outcome of the election, but in the case of the closer runoff race, they more easily could have. That has particularly upset local resident Susan Breslin, a local watchdog of political and election affairs.

“An election ought to be accurate,” says Breslin. “If they had left out the absentee vote on Nov. 22, they could have certified Hickman as the winner.”

Mayor Tim Goodwin echoes the concern. “Whether it’s a one vote difference or a 200 vote difference, you want it to be correct, and that’s our responsibility,” he says.

The city has asked Charleston County Elections Board Executive Director Joe Debney to speak at the December 13 City Council meeting about the possibility of the County taking over the elections process on Folly Beach. With the city having just taken back 911 dispatch duties from the county, it’s likely that the proposal could incite debate.

“I want (Folly Beach) to make a decision based on what’s best for their residents,” says Debney.

Currently, the county provides workers and sets up machines, but does not certify vote totals on Folly Beach. Folly municipal clerk Mary Cunningham clarifies that if the County does take over the elections, candidates would still get their information from her, but that the county would handle money and the certification.

“I have been trying to get this changed for the past five years,” says Cunningham. “There are very few cities in the state that have not gone to this level.”

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PROVIDED BY THE OFFICE OF REP. PETER MCCOY

As this year’s Hurricane Season comes to a close, State Representative Peter McCoy (R, Charleston) is fighting to make sure South Carolinians are better prepared for the next storm. McCoy has submitted legislation for pre-filing today that would give South Carolina residents a sales tax-free weekend on hurricane preparedness items.

“Thanks to God’s grace, we were spared from life loss and major property damage during this year’s Hurricane Season; however, we may not always be that blessed,” said McCoy. “So, today, I have submitted legislation for pre-filing that will help everyone in South Carolina be better prepared for next hurricane season and help South Carolina businesses increase sales and make payroll.”

McCoy’s legislation would provide sales tax exemptions on items including generators, ice, gas tanks, flashlights, batteries, and storm shutters beginning the last Friday of May and ending on midnight of the following Sunday.

McCoy, who represents Charleston’s barrier islands, said the bill is critical in giving all residents an opportunity to become best prepared for a hurricane. “I want to make sure that our family, friends, and neighbors are given some help with their family budgets, while working to protect their loved ones and property.”

“As my parents always told me, ‘proper preparation prevents poor performance!’ I hope my colleagues will work with me to swiftly get this bill passed,” concluded McCoy.

Hurricane Season begins on June 1st and ends on November 30th.

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At 6:45 a.m., a second armed robbery was reported on West Indian Avenue. The victim was not injured and was robbed of cash.

Based on descriptions of the suspect by the victims, Folly Beach Public Safety released a composite sketch of the suspect on Monday, Dec. 5. People with information on either crime should contact Folly Beach authorities at 588-2433.

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