Last week, Lucky Dog Publishing evaluated their finances and determined that it was no longer economically viable to continue to publish the Folly Current. There will be no final issue in your mailboxes tomorrow.

Many of the advertisements that you see in the Current (all of those that are not based on Folly Beach) were sold as deals that run in the Current, the Island Connection (Kiawah/Seabrook), and the Island Eye News (Sullivans/IOP).

These clients’ Folly Current ad was regarded as a ‘freebie,’ and their value in propping up our newspaper was determined not to justify the weekly loss our newspaper has cost the publisher for over a year.

Printing the newspaper alone costs about $700 each issue. Distributing to all the PO boxes costs $225. Editorial and design costs were a meager $500 combined (this has been a labor of love). That’s not to mention taxes, office space, delivery from the printer in Walterboro, and myriad other expenses that come with owning a business and running a newspaper. Even with the business association’s much-appreciated full page ad, the Folly-based revenue was typically less than $500 per issue.

Lucky Dog News has offered me (editor Stratton Lawrence and our fantastic team of writers) the opportunity to continue the newspaper and retain the name. Several businesses (including even those that do not currently advertise) have already expressed interest in supporting the Folly Current 2.0.

The writers and contributors to the Folly Current have overwhelmingly supported this as well.

In the coming weeks, I’ll be launching an effort to raise the necessary funds to keep the paper going. This is more than a possibility, but it will require large community and business support. We intend to ask residents to contribute to the distribution costs — if 250 residents pledge $25 for the year, that will cover the costs of delivering the newspaper to the PO boxes.

Similarly, we need to gain commitments of roughly $2,000 an issue from advertisers, in one year contracts. The only way this will work is if we reenter this endeavor in the black, with the knowledge that we’ve got a year to focus on news and content without having to constantly worry about the next issue (which has been the case for months at Lucky Dog).

Look out for details on how you can pledge to back the Folly Current in the coming weeks.

Folly Beach needs its own newspaper. We believe that we have provided an objective, unbiased look at the news on our beach, always practicing our perception (because aren’t they all different?) of what it takes to ‘Keep Folly, Folly.’

Print media has declined, but it’s not done. It still serves an important purpose. Without local press, government, real estate, and business entities have more power to make decisions that affect everyone without residents knowing until it’s too late to play a role in the process. Businesses should consider not just the cost-effectiveness of a particular ad in a newspaper, but also weigh the value of having a medium to stay abreast of City Hall and a potential voice in the paper’s pages. That same principle stands for residents as well, who have enjoyed the newspaper free-of-charge for three years.

It’s sad to announce the loss of the Folly Current. Let’s hope that it’s only temporary. With your support, we’ll be back in June.

Residents and businesses interested in supporting the newspaper may reach the editor at strattonlawrence@gmail.com

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By Charlie McCarty

You might assume from the agenda and recent happenings that the April 24 Council proceedings focused on Public Safety issues, its newly reinforced Public Safety workforce and its recent YouTube internet celebrity status… they didn’t.

THE WORK SESSION was very “trashy,” covering Public Works, citywide code enforcement and the nitty-gritty revamping of Chapter 50 (“Garbage”) ordinance sections that are sorely out-of-date, reflecting a culture, civic attitudes and demographics of long ago.  While they noted the progress made in this area since the recent summer “disasters” that galvanized citizens’ wrath, it was clear to all that more needed to be done to improve our services and laws, including communicating the rules and obligations to all residents, business and property owners (and their agents), and to our day-trippers and vacation renters. All members chimed in and an intense discussion of current trash, garbage and recycling problems ensued.  Several recommendations were developed in the section-by-section analysis of Chapter 50 in this less-than-an-hour session. Expect much more information in the near future, as the draft ordinance will be a significant overhaul and its details will be of interest to all.

On a second issue, CM Paul Hume described a potential arrangement with our franchised jet-ski vendor that would extend the franchise term to five years from the current three-year term. Under the agreement, the vendor would grant to and maintain a jet-ski and trailer for the City at no cost, with estimated savings of $8700 projected for the City.  Hume was encouraged to pursue this issue with the City Administrator and Attorney to insure its feasibility and to iron out contractual concerns.

Hume also indicated that he would take the initiative to work with Chief Brown to attack continuing problems with loitering and vagrancy in the City.

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On Tuesday evening, April 24, Folly Beach City Council conducted a hearing over a protest lodged by Palmetto Parking of Charleston, the company contracted to manage the City’s beach access parking since 2007. Palmetto Parking collects parking fees and issues citations for violations at City-designated beach access points, including the Washout and the 3^rd St. West park location.

Palmetto Parking’s legal team, headed by attorney Edward Pritchard, argued that the newly-ratified contract awarded to Wolffies on the Beach, LLC, by Council on April 10 violated Palmetto’s contract terms, claiming they lacked proper advance written notice of the City’s intent to change the terms of its original contract and bid out the 3^rd St. West location and its 35 to 40 parking spaces separately.  The new contract includes restroom maintenance as well as parking control at the 3^rd St. West location

Attorney Mark Mason, representing Wolffies on the Beach, presented the argument that the original contract had expired and was not in force, and is currently operated on a day-to-day or month-to-month basis. Under the original contract, the City had explicit rights to change its terms as conditions warranted.   Further, Wolffies On The Beach had complied completely and in good faith in the competitive bid process in winning the new award.

In rebuttal, Pritchard indicated that parking control services were still being performed by Palmetto Parking under the terms of the 2007 contract, emphasizing that the contract required the City to give reasonable advance notice of changes to its terms.

Jason Llewellyn of Palmetto Parking indicated that he had met with Mayor Goodwin and the City Administrator early in 2011 and learned then of the City’s intent to bid out concession and restroom maintenance at 3^rd St. W for the 2011 season.  Palmetto had no interest in that combination and did not bid on it.  A contract based on bids was subsequently awarded by Council to Wolffies on the Beach for the 2011 summer season. However, the parking management there remained under the continuing operation of Palmetto Parking.

Llewellyn added that he only learned of the new bid opportunity in 2012 after its award to Wolffies. Had notice by the City been given to him that the 3^rd St W parking control was to be removed from the existing operational arrangement and bid out in combination with restroom maintenance in 2012,  Palmetto Parking would have definitely bid on the proposal, said Llewellyn. He said that the parking site represented over 30 percent of Palmetto’s revenues on Folly Beach.

Council went into executive session to receive legal advice. No votes were taken there. When they returned to chambers, Councilmember Paul Hume indicated that all parties had agreed that the original contract had expired, and he felt the award to Wolffies on the Beach fully complied with the bid procedures.  Hume also expressed that the City would be willing to work with Palmetto Parking to develop interim contract authority so that Palmetto could continue its work at the rest of the beach access sites until a new competitive bid process was initiated later this year.

Council voted unanimously to deny the protest, and the resolution to award the new contract of April 10 to Wolffies was sustained.

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Look for more information in Friday’s issue of the Folly Current.

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WORK SESSION, 6 p.m.

The meeting began with an update on the beach renourishment process, which you can read here.

CM Stuckey presented two amending ordinances for discussion. The first dealt with Ordinance 10-12. prohibiting certain building operations on weekends, and the second, Ordinance 11-12 deals with conditions relating to surfboards, skimboards, personal watercraft and other watercraft.

CM Stuckey had done significant research on the legal issues surrounding or limiting Council authorities to waive or grant variances to established ordinances without specifically establishing such authority in the respective ordinances themselves.  She also discovered in the case of the Ord. 11-12 that a previous amendment in 2008 had not been properly codified.  Council members felt that a total review of ordinances might be in order to insure they were up-to-date and provide the necessary authority to waive or grant variances to the Council. However, in the light of current heavy facilities construction and beach franchise issues, all felt these two amending ordinances should be considered immediately in the following regular meeting.

Council also reviewed the procedures for designating and reviewing potential volunteers for City committees and specifically reviewed procedures of the Naming Committee.  It was generally agreed that Council wanted to review the backgrounds for prospective volunteers, and needed to see the procedures and policies of committees.

Immediately before the regular Council meeting, the Mayor administered the oath of office to reelected (third term) council member Eddie Ellis, while respective spouses administered the oath to newly-elected council members, Tom Scruggs and Sandy Hickman.

REGULAR MEETING

The meeting began with a short executive session to get legal advice on contractual matters, CM Ellis requested adding Resolution 22-12 to the agenda (on bid approval) and Mayor Goodwin added another item providing for the election of a mayor pro tem.

Personal Appearances

a. Adam Moore of James Island requested Council approval  of a charity basketball tournament at the City Courts. CM Ellis advised Moore that he could not support alcohol at such an event, and discouraged any retail sales in such a residential neighborhood. The mayor was concerned about the number of participants and parking conditions.  Adams was advised to talk to Chief Brown and neighboring residents, and be prepared to come back to Council on May 22. Council consideration was postponed.

b. John Reynolds (414 W. Ashley Ave.) approached Council to get a sense of their support to his proposal to open a third beach front water access for his operation of a new jet-ski aqua sled launch franchise.  There was not motion to approve his plan and it was recommended that he bring the matter to Council in a future work session.

Citizens Comments: 

Susan Breslin expressed her concerns about those people who in recent years have been annexed into the City.  She feels they have been “jerked around” and confused regarding voting locations, and that Council should look for ways ”to let them feel part of us.”  CM Clamp indicated that conversely some nonresidents currently vote at Folly precincts in other elections. Clamp indicated that the whole precinct assignment matter needs to be cleaned up, and a supporting resolution developed.

Ken Holland expressed thanks to Chief Brown and Public Safety staff for their efforts to improve crowd control and beach management activities.  He registered concern about long-term parking on Center St. by beach goers and parked “bullet boards” (commercial cars and vans) had a negative impact on access for patrons of local businesses.  He recommended that Council consider a 2 to 3-hour limit be enacted. (Mayor Goodwin indicated the issue should be given to the Planning Commission). Holland indicated he loved the new City website but the current agenda was not posted there.

Old Business:

CM Hume asked that further consideration of Ordinance 09-12 (Second Reading) establishing the Staff Event Planning Committee be postponed to May 22 to allow adequate time to examine and cross-reference it with other ordinances and procedures that would be impacted by the proposal.

New Business:

a. Resolution 19-12 granting the Community Promotions Foundation’s recommendations ($1,500 to the James Island HS Band and $500 for the Leslie  McCravy  5K Run for Pet Helpers) were unanimously approved. (Carol Linville provided details on the latter recommendation.)

b. Resolution 20-12, introduced by CM Ellis, was unanimously approved allowing the City terminate the last facet of City’s intergovernmental agreement with the County’s Consolidated 911 Dispatch Center.  The City previously had ended our early participation in this effort and reestablished our own Dispatch Center.  By exercising this termination prior to a May deadline, the City avoided paying later penalty fees.  CM Ellis indicated our restored dispatch capabilities were now fully functioning.

c. Ordinance 10-12 and Ordinance 11-12, introduced by CM Stuckey,  that provided Council with temporary permitting and variance authorities as discussed in the work session were unanimously approved with limited discussion.

d.   R22-12 was introduced by CM Ellis approving the bid of Wolffies on the Beach for the         concession and parking at 3^rd Street West (City Public facilities in the amount of $1,212. Motion to approve was unanimous.

e.   Election of Mayor Pro Tem:  CM Tom Scruggs nominated CM Eddie Ellis. No additional nominations were introduced, and Mr. Ellis was accepted by acclamation.

City Council Comments:

CM Hume expressed appreciation of the efforts of all involved in improving beach management conditions, including everyday citizen efforts and congratulated Mayor Pro Tem Ellis.

CM Stuckey summarized her efforts to review traffic issues and rules, as well as her comprehensive review of our ordinance system.  She invited all citizens interested in joining in this effort to contact her.

CM Ellis thanked the Staff and the succession of Mayors for support in his years as a member, and stressed the importance of insuring Folly Beach is “Our Town” in all respects, pointing to the fine restoration of our own dispatch center.

CM Clamp congratulated the newly-elected members and Mr. Ellis

CM Scruggs thanked the voters and hoped to earn their respect and promised to pursue efforts to establish a full-time EMS capability in the City.

CM Hickman thanked the voters for their support .

Mayor Goodwin welcomed the newly-elected.

The meeting was adjourned.

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By David Crawford

           On the sleepier west side of Folly Beach, tucked along the river, Shadow Race Lane feels like a separate community in itself.  It looks nice, the houses are nice, and most people reading this probably couldn’t tell you where it is.  It still feels like Folly Beach — just a secluded little hidden cove of it.

Ashton and Charles Adams have lived at 302 Shadow Race Lane for a little over three years now in their parent’s house.  They’ve spent the better part of their lives prior to this growing up on Folly Beach.

“My grandfather owned Bert’s before it was Bert’s…it was called Tiny’s,” says Ashton, 26.  “Then it became Chris and Jerry’s before they sold it a while back and it became Bert’s.”

About a year ago, the Adams started fielding complaints about parking in the cul-de-sac across the street.

“Everybody had done it for years, and all of a sudden we start getting ticketed for it,” says Ashton.  “But the real issue started when we got the boat, about a month ago.”

Ashton and his older brother, Charles, 30, began restoring a large boat in their driveway in February.  Restoring the boat is not their job, though that has been questioned, both by neighbors and the city of Folly Beach. They work with a landscaping business, Southern Scapes, as well as a nursery in West Ashley called Coastal Landscape Supply.  After they get off work they come home and repair their boats.

“We’ve always done it.  They’re our boats or our friends’ boats.  It’s become a hobby of ours,” explains Ashton.

For the past year, they’ve dealt with repeated complaints from a neighbor further up the street, escalating to the point of visits from the Fire Marshall, the Zoning Commissioner, the police and eventually DHEC.  Because of this, the issue was discussed at length at the monthly Folly Beach Planning Commission meeting on Tuesday, April 3 in the City Hall Chambers.

“Currently they are not in violation of any zoning ordinances so no further action will be taken at this time,” said Aaron Pope, Folly Beach Zoning Administrator.

Pope and David Lombardi, the Folly Beach Fire Marshall, went to the property at 302 Shadow Race Lane to perform an inspection, following reports from a neighbor that welding was going on at “all hours of the night.”  The Fire Marshall’s report to the Police Chief, which is available as public record and included in the notes at the Planning Commission meeting, stated that the residents of the single family home restore and work on personal boats as a hobby.

“On some occasions he will do small projects for friends and family,” wrote Lombardi in the report, adding that he found the garage area well kept and organized. “They have a welder in the garage, and a cutting torch, all kept within the fire code.  There is no excess storage of materials or anything that indicates he is running a business from this address.”

To the Adams boys, the issue in question became boat repair, and whether or not you are allowed to repair your boat on your personal property.  Because of this, Pope was sent to the property to see if any of their work was indeed illegal.  His report, which is available as public record and was included in the notes at the Planning Commission meeting as well, reads as follows:

Boat Repair:

1) The boats being worked on are owned by the residents. It is not a violation of Folly Beach code to repair a personal boat. This does not qualify as a home occupation or an accessory use. Staff at The Town of Seabrook, The Town of Sullivan’s Island, and the City of Isle of Palms confirmed that in those communities, this situation would not be considered as home occupation or an accessory use (even if it were a chain of boats or multiple boats at one time.) The key issue here is that the boats are personal property of the owner. Our City Attorney confirmed this interpretation.

2) The Town of Sullivan’s Island had a similar situation and ended up citing the property owners with a noise violation.

3) Other suggestions include requiring boats to be stored in a garage or at the rear of the property, required all outdoor storage of equipment etc to be screened, prohibiting the repair of personal vehicles and watercraft on driveways or within the front yard.

4) To prohibit the activity the PC would have to pursue and an ordinance change to implement something similar to what is described above.

            Just to be sure that no illegal or unlicensed company was being run out of the address, Pope followed up with a few comments regarding the ‘Pinky’s’ sign the Adams’s placed in their front yard to decorate for the Sea and Sand Festival:

 Illegal Signage:

1) Although a business does exist in the Windermere Shopping Center called Pinky’s Palmetto, my call as the Zoning Administrator is the lawn decorations that spell Pinky’s that have been placed in the yard are not an illegal sign advertising this business.

            The Adams brothers explained that their mother used to own a gift shop off the beach called Pinky’s — a shop which no longer exists — based around her love for the color pink and pink flamingos.  They pointed out her pink VW bug in the garage and the various pink flamingo statues adorning the property, including the biggest one barely noticeable near the marsh in their backyard.  The Adams’s also own a house on 10^th block on East Arctic (where the kids spent their summers growing up), also adorned with pink flamingos.

“Everything else in the yard has been donated since the Sea And Sand Festival by our neighbors…10 or 12 of  them,” says Ashton.  “Debbie gave us the motor…Jim gave us the flags.  Most of the neighborhood loves it.”

Not everyone, however. The items in the yard were the root of an altercation that occurred between neighbors on Saturday, March 24, in front of the Adams’ property after the Sea and Sand Festival. An ongoing investigation into the matter is underway, and police reports were not made available to the Folly Current.

Despite the vocal complaints and recent escalation of the situation, most of the Adams’ neighbors seem not to have a problem with the lawn decorations or their penchant for boat restoration.

“They’re the best neighbors on the block,” agreed Jim Musumeci, a longtime neighbor and friend of the Adams brothers.

“I mean, they’ve (the complaining neighbor) exhausted all their Folly options,” explained Ashton.  “We passed the Fire Marshall, the zoning board, the planning commission, the police…they all agree we’re doing nothing wrong.”

Sam Robinson, a neighbor up the street on Shadow Race Lane and a member of the Folly Beach Planning Commission, explained the reasoning behind any concern.

“Those inspections are on the side of Folly Beach in respects to our zoning regulations and happened only to validate they are in compliance with said regulations,” says Robinson.

Ashton went on to explain that DHEC has visited a few times, explaining that the only way he could keep the boat in his driveway without fielding further health related complaints would be to cover it completely with a tent while rehabbing it.

“I’m over it.  We’re going to move this boat next week, but it’s not right,” he says.  “We’ve done nothing wrong.”

Shadow Race Lane is a member of a designated, separate community of homes within Folly Beach referred to as Sunset Point .  Sectioned off areas of cities like this will often times employ a Homeowner’s Association Agreement, allowing them a set of regulations outside of their larger city, helping to ensure property values aren‘t negatively affected.

Robinson further explained the reasoning behind a Homeowner’s Association governing an area like Sunset Point.

“They provide a set of restrictions which are basically designed to preserve the standard that property owner’s expected when purchasing lots or homes within that specific area,” says Robinson.

Whether or not the Adams brothers, who were unaware if any Association or Agreement was in place at press time, would be violating any rules in Sunset Point remains to be seen.  In most instances involving a HOA, enforcement of laws within any possible gray area comes down to a vote amongst all the owners of property within that designated area.

For now, a line of duct tape sticks to the cement about fifteen feet up the Adams’s driveway, marking 25 feet from the center of the road and the public-right-of-way where their boat and vehicles must be kept out of.

Following the reports from Pope, the Planning Commission ultimately decided not to recommend that any further action be taken. But with the issue coming to City Hall in the first place, some question whether it will eventually be deemed necessary to vote on the issues of boats/vehicles on your personal property as a referendum or by City Council. This could potentially have a major impact on the lives of anyone who owns a boat, trailer, or any vehicle stored in their yard.

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From City Council work session, April 10, 2012

The Council met in a work session at 6:00 p.m.   Lead-off and key discussion featured an update by Mayor Goodwin on beach renourishment problems.  His recent trips included visits with S.C. Congressional delegation members and staff in Washington as well as with senior Department of the Army and Corps of Engineers officials.  While billed as “Guarded Optimism” on the agenda, he would refer to it as simply as a report on “Where We Are.”

The lobbying effort is aimed at gaining Administration and Congressional support for funding in the Fiscal Year 2013 budget and appropriations for the main renourishment effort (apart from the $400K currently budgeted for the engineering planning and permit processing) , and so far the Mayor feels  he has gained the unanimous support of our own S.C delegation.  However, the battle for Corps of Engineering funding for both the Port of Charleston dredging as well as Folly Island renourishment promises to be highly competitive.  The efforts are aimed at creating a dedicated “pot” of federal funds for beach renourishment (some $15 to $18 million) and insuring that the overall rules for competition are carefully crafted to allow Folly’s fair claim to be in the top 10% of worthy contenders. Of course, finally getting the votes for the appropriations will be the “acid test.”

In response to a question from councilmember Eddie Ellis, Mayor Goodwin stated that the worst case scenario would  be no funding for renourishment in the upcoming appropriations.  In that case, we would need to find other sources of funding on our own and seek necessary environmental permits as well. There are really no legal avenues for the City to sue the Federal government for breach of contract. The Mayor reminded all that the current contract with the Corps of Engineers stipulates that all of its provisions  depend on Congressional appropriations being available.   The Mayor indicated that the SC Attorney General has advised that the State would probably not join the City in attempting such a suit.

Councilmember Dale Stuckey asked if any alternative plan is being developed  and councilmember Pennell Clamp thought it would be worthwhile to seek  support for other methods of preventing cyclical erosion that have proven successful in other communities and countries.  However, the Mayor felt such efforts needed to be deferred for now, while we concentrate on the current strategy and worry about that as we look down the road at eight to ten year renourishment scenarios.

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No one was injured in the blaze.

The house is a year-round rental, split into three units. The fire apparently began in the upstairs double unit. One of that unit’s tenants said he came home and opened the door to discover smoke. He claimed he left his television on but nothing else. The cause of the fire is not yet known.

The two downstairs units suffered only minimal fire damage, but were flooded with several inches of water by the fire fighting effort, with Folly Beach public safety officers joined by the James Island and Charleston Fire Departments.

Most of the possessions of the two downstairs tenants, both single units, were wet but salvageable. The firemen helped to remove their belongings soon after the fire was extinguished.

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259 votes were needed to secure a seat. Because each of the three winners exceeded this number, there will not be a run-off election.

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