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 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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Council convened at 6 pm to discuss appropriation of Accommodations Tax (A-Tax) funds. At issue was the A-Tax Advisory Board’s recommended cuts to funding requests, including a 40 percent reduction in funds for beach renourishment. A-Taxes are meant to be spent on tourism related costs, and are subject to review by the state and can be denied after money is distributed, requiring the city to make up the cost difference.

Mayor Goodwin explained that the S.C. Tourism Expenditure Review Committee can audit Folly Beach’s a-tax expenditures, and that the city is required to file a report of what is spent.

Administrator Toni Connor-Rooks explained that while recipients don’t have to be a registered 401c-3, they do have to be able to prove that they are a non for profit. Last year, the City was required to go back and prove that the Surfer’s Healing organization was a justifiable recipient.

Council member Paul Hume pointed out that the city currently spends $15,000 each year on advertising on the digital display at Clemson sports games, and $18,000 on digital billboards.

“It seems to me that after walking out on the beach today, or where the beach used to be, that cutting the renourishment funds might not be the first choice of what we should be thinking about spending money on,” said Hume. The committee had recommended funding $60,000 of the $100,000 initially requested for renourishment.

Council member Eddie Ellis said it’s important to consider where money is being taken out of to do that.

Council member Pennell Clamp questioned the effectiveness of the money spent at the Clemson games. “I’m a Tiger fan,” said Clamp. “I wouldn’t think that … would bring a dollar to this place.”

Connor-Rooks defended the expenditure, calling it very successful. Comptroller Charlie McManus said that the activity on the city website has a ‘tremendous’ spike after games. He called the digital advertising part of a program the city uses to reach tourists.

Ellis said that the advertising has to be balanced against renourishment, and asked how the $40,000 gap in renourishment funding affects the renourishment. He said that if it deters the renourishment then it should not take priority over funding new sand for the beach.

“I’m just very upset with our beach situation and our finances about the beach, and that’s all we have to sell,” said Hume, adding that he has no problems with the digital signs and advertising, but stressing the renourishment as the first priority.

Ellis pointed out that by cutting marketing spending, it could result in less tourists and result in less money next year for renourishment.

The A-tax board’s recommendations also include reducing funding for Fourth of July and New Year’s Eve fireworks from $16,000 to $9,000.

Hume pointed out that the A-tax guidelines specify that funds are meant to attract tourists from more than 50 miles away. “If you’re going to travel more than 50 miles to see our pathetic fireworks, there’s something wrong with you,” he said.

Council member D.J. Rich said that people come here for those entire weekends, and the fireworks are just the culmination of that.

“I don’t want to get to the point where we can’t cover our end of renourishment, if we’re lucky enough to get someone to cover their end,” said Hume. “It’s way way way bad out there. Tell me we’ve got the money for renourishment and I’ll shut up.”

Ellis expressed that cutting $40,000 from the renourishment appropriation could send a message to the federal government that they could reduce what Folly Beach asks for as well.

Connor-Rooks said that the cost of the project had increased from $15 million to $18.5 million, further complicating the request and annual appropriation by the city. She said that Folly has supporters in the state house and in Washington, but that it may require a trip to D.C. by representatives of the city to secure the funding.

Discussion ensued about whether or not council had a habit of kicking issues down the road, setting up the City for bigger financial problems down the road. Goodwin expressed gratitude that the City is not currently in a bad economic situation.

Council adjourned after the work session before reconvening at 7 p.m.

COUNCIL MEETING

All current members were present.

Eddie Ellis offered an invocation that included a prayer for the family of Preston Blanton, who passed away on Oct. 6. “We also offer up in the prayer the men in service that are fighting to protect our company, our country,” said Ellis.

On behalf of the exchange Club, D.J. Rich announced that the police officer of the year was Jimmy Cooch and the firefighter of the year is Jamie Langdon.

Chief Dennis Brown then announced several new employees and officers. He introduced Mark Lee, a new officer and firefighter from Camden, N.J. who recently moved to James Island with his girlfriend. Another new officer, Jamie Forgaley, relocated here from Charlotte, N.C. And began on Folly Beach eight weeks before the meeting. Luke Woodson, another new officer and firefighter,  just moved here from Pennsylvania a couple weeks before.

“Why don’t you have a gun like the rest of them,” asked council member Pennell Clamp.

“He ain’t qualified yet,” laughed Brown. “We ain’t got but one bullet. Don’t you read the paper? We gotta pass it around.”

Brown then introduced Patricia Blazey, a new dispatcher also from Camden, N.J. who just moved to West Ashley.

He also introduced Simon Owens, a new dispatcher, from Swannanoa, N.C.

Brown stated that hundreds of candidates were interviewed, and he believes the City has hired the best of the best.

Council member Paul Hume motioned to remove the A-tax funding from the consent agenda. The consent agenda was then approved.

PERSONAL APPEARANCES

Ed Meyer and Gayle Millage of 1542 North Avalon Circle, Charleston, spoke about their desire to start a late night food business on Folly Beach. “I’ve always worked late nights,” said Meyer, citing a career as a musician and chef. “One of the problems that needs to be addressed is there is never any food late night.”

Meyer said he’d been told that an ordinance had been passed preventing any more transient vendors, and said that his business is different because it won’t clog up traffic on weekends and only be open late night. He has DHEC approval and a kitchen in West Ashley, and wants to serve out of a cart.

“We’re really trying to make this thing as unobtrusive as possible,” said Meyer, adding that they will cook in West Ashley and use batteries for lighting, not generators. “We should leave no footprint at all. We don’t need water to operate,” he said.

They’ve asked for permission to set up next to the Folly Beach Brew Pub, where a previous vendor was set up.

“There is no food served after 11 p.m., but drinks are served until 2 a.m.,” said Millage.

“We want to fill that void,” added Meyer, saying that he was fully insured.

“Without a motion, your request is denied,” said Mayor Goodwin.

UNFINISHED BUSINESS

Second and Third Readings:

No. 09-11 (Transferring less than one acre of marshland near Bowens Island Road to SCDOT, on behalf of the Folly Beach Nature Conservancy, in order to raise a bridge over Folly Creek).

Council unanimously approved the ordinance without discussion.They then motioned for a third reading and again approved the ordinance.

No. 10-11 (Granting right-of-way easement to SCDOT for roughly 3/10ths of an acre of land and authorizing the Mayor to execute all documents effecting the transaction)

Council unanimously approved the ordinance without discussion. They then motioned for a third reading and again approved the ordinance.

NEW BUSINESS

Resolution No. R49-11 (Awarding fiscal year 2010-11 A-tax funds)

Paul Hume thanked the advisory board for their recommendations of how to disperse this $245,000. He said that the City is asking for two things, including funding for the fire program and renourishment.

“The beach that we used to have two months ago is now somewhere between Bird Key and Kiawah,” said Hume, adding that the estimated cost of renourishment has grown from $12 million to over $18 million in a few years. He said that no matter how much money is spent on advertising for people to come to the beach, that if the beach disappears, “we’ve got nothing.”

Hume made a motion to send it back to the board to reconsider adding more money to the renourishment, saying that funds for landscaping could be removed since much of it is being washed away, including palm trees at the Washout. He said funds could also be cut from the fireworks displays and the Morris Island Lighthouse. “There are areas in here that are probably not as urgent, as far as need goes, as being able to cover that beach,” said Hume.

Council voted to send the resolution back to the advisory board, with only Rich opposed.

Council member Charlie McCarty said he was glad council decided to respect the A-tax advisory board by sending the resolution back to them for further consideration.

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Work session, 4 p.m.
Discussion of Resolution 42-11 (Allocating $24,350 from various Public Safety accounts to obtain new record management software)

Public Safety director Chief Dennis Brown recommended investing in a top-notch record management software (RMS) system, a program heightening Public Safety’s ability to track criminal activity and expanding the department’s scope of case management, for the recently-relocated dispatch center. The proposed RMS system includes a Computer Aided Dispatch (CAD) system, a comprehensive data base enhancing dispatch service efficiency, according to Chief Brown.

“In order to maximize our future success, I believe we need to invest in the new dispatch center to ensure our staff has the basic tools to accomplish their task,” said the Chief, who anticipates launching the city’s dispatch operations in October. “The current system that we have isn’t designed to operate the dispatch center, and it isn’t a proved, fully-developed record management system.”

Councilman Charlie McCarty inquired about the proposed RMS system’s effect on the city’s judicial operations, and suggested strategies to integrate the two systems, in order to conserve funds and increase efficiency.

Paid Parking discussion

Council thoroughly revised the city’s paid parking contract in an effort to boost parking revenue.

According to councilman D.J. Rich, the city plans on removing the county park’s restroom facility from the parking contract, reducing city parking spaces from 335 to 300, as well as implementing $8 daily fees at various beach access points and extending parking hours from 10 a.m. to 8 p.m.
The city plans to maintain $2 hourly parking fees at the Washout, however, and will maintain parking passes for residents, according to Rich. “People aren’t going there all day at all – they’re going there for an hour or two to surf, and they‘re leaving,” said Rich, regarding council’s reasoning in upholding the Washout’s hourly rates.

The city also plans to hike-up boot-removal fees from $35 to $50 for illegally-parked vehicles, adopting nearby municipalities’ similar fees, according to Rich.

In addition to reconsidered parking rates and hours, the city will require companies to maintain quick-time release parking tickets for the Public Safety Department (PSD), in order to expedite ticket processing into the PSD’s record management system. “That’s something we’ve had a problem keeping up with over the past couple years,” said Rich, referring to the city’s insufficient attempts in retrieving parking tickets.

Upon receiving guaranteed revenue projections from companies’ bids for available parking areas, the city will select an appropriate candidate and allow companies to decide between hourly or daily parking rates.

“We want to see who’s going to offer us the best deal, and we want to let them do the leg work,” said Rich. “Why should we do leg work on a parking contract when we know nothing about paid parking, for the most part?”
Council unanimously agreed to compile bid specifications for the next meeting.

Audit Presentation

Certified public accountant Larry Finney of Greene, Finney and Horton, presented the city’s audit results for the 2010-2011 fiscal year ending on June 30, and provided insight into the city’s current financial status.
The city received an unqualified audit opinion, the highest approval rate issued by auditors, according to Finney. “It doesn’t get any better than getting an unqualified opinion — that is the best opinion that the city can receive,” he remarked. “Overall, I think the city has a good, healthy financial picture. Be proud — you got that unqualified opinion.”

Finney said the city’s fluctuating utility expenditures call for revamped analysis — due to consistently replacing aging infrastructure and underground water and sewer lines — and urged council to devise a sustainable capital program ensuring annually-raised utility rates.
“If we weren’t doing the bridges, we might not be doing the underground boring; but, trust me, we’d be replacing those lines,” said Mayor Goodwin “We’re living on a wing and a prayer everyday from broken lines.”
Council Meeting, 7 p.m.

Mayor’s Comments

Mayor Goodwin proclaimed Andy Pracht, owner of Sun and Ski Beach Services on Center Street, a special citizen of Folly Beach, recognizing his rash ocean rescue on Aug. 26 when, upon noticing a panicked surfer near the Folly Beach pier without a surfboard leash, he rushed on a jet ski across 15 to 20-foot swells to recover the drowning surfer.

“These efforts were due to Andy’s quick thinking and courage, without thought for his own safety,” read Mayor Goodwin, in a prepared statement.

Upon receiving the accolade, adorned with photographs and mementos highlighting the heroic deed, Pracht immediately credited his fellow crew members in attendance toward aiding the life-saving effort. “It wasn’t just me, it was all of us,” said Pracht.

Council unanimously approved the consent agenda, including two resolutions authorizing the administration to carry over last fiscal year’s water and sewer expenditures into daily operations.

Personalal Appearances

Jim Setford of 1215 Tabby Drive sought a variance to retain three barrels protecting the berms fortifying his property from advancing tides and potential flooding.

“It worked perfectly during Irene, it’s worked perfectly anytime we have a seven-foot tide,” said Setford, regarding his berms. “I need the barrels there so that people don’t ride up on the berm and knock down the fence.”

Council unanimously opposed Setford’s request.

Local photographer Ben Eckles, Owner of Couture Photography, proposed holding a world record-breaking fearless bridal photo shoot from 1 p.m. to 7 p.m. on Oct. 2 near the Folly Beach pier, where the photographer plans to snapshot former brides charging into the ocean in their cherished wedding dresses.

Eckles plans to round-up roughly 200 current and formerly-married participants for the Guinness Book of World Records photo shoot, consisting of numerous group and individual photos, and aims to exceed the Netherlands’ unofficial fearless bridal shoot of 150 participants.

“I’m keeping it really simple,” said Eckles, who plans to offer free digital prints for participants online.

“What are you going to do if we vote no?” asked Councilman Eddie Ellis. “I guess I’ll do it somewhere else,” Eckles responded.

Thinking-up alternative locations for the unprecedented event, Councilman Paul Hume proposed holding the photo shoot at Ellis’ residence. “You got room?” asked Eckles, jokingly.

Council unanimously approved Eckles’ proposal.

Bronwyn Santos, community representative for Charleston County’s EnvironmentalManagement Department, introduced Charleston County’s recently-expanded single stream recycling project, an environmentally-conscious effort to attain the county’s 40% recycling goal. (See page XX for more info)

“You guys are just lucky enough you get to be in the first expansion of this program,” said Santos, who anticipates single stream recycling in 12 to 18 months to predominate the county. “Everybody wants to be on it.”

According to Santos, residents must place recycling bins curbside by 7 a.m., in accordance with the city’s bi-weekly collection schedule, with bins’ handles facing the houses. Santos said residents residing on one-way streets must place bins on the right side of the road to hasten the collection process.

Hume pointed out the island’s booming tourist population during summer months, due to weekly rental houses, may require increased collection services. “Because these places are vacation rentals, filling up a large dumpster with beer cans isn’t really a problem for them,” noted Hume.

Santos said the county plans to accommodate the island’s fluctuating population, however. “One of the reasons why Folly Beach was picked is because Folly Beach is a challenge in of itself for single stream recycling,” said Santos. “If we can figure out how to do it here, then we have pretty much solved it everywhere else.”

Dale Stuckey, Folly Beach City Council candidate and Folly Island Dog Owner (F.I.D.O) club president, informed council about the newly-established F.I.D.O club, a five-member board, appointed by Mayor Goodwin, promoting responsible dog ownership on the beach among members and non-members.
From Oct. 1 to May 1, F.I.D.O members are granted off-leash privileges from sunrise to 10 a.m. along roughly five miles of island’s central shoreline.

The group offers primary and family memberships, and currently consists of 60 primary members and 98 family members, including 45 applicants, with 79 pups currently registered to roam the beach freely, according to Stuckey.

“We’re very, very clear during the orientations that F.I.D.O members have to police themselves,” said Stuckey, who unveiled F.I.D.O club’s official neon green dog collar, a required identification piece for members’ dogs. “The owners have to be very responsible with their dogs.”

Stuckey encouraged residents sign-up for upcoming orientations on Oct. 6 and Oct. 26 for F.I.D.O membership.

Robert New of 1676 East Ashley Avenue, urged council to dismiss a permit issued by Ocean and Coastal Resource Management (OCRM) to raise a fence in front of Tides’ parking lot, in an effort to build up a dune and prevent blowing sand from covering the hotel’s parking lot.

New said the permit impedes public beach access in a readily-frequented location often bustling with bocce ball tournaments and other activities.

“Public access to the beach is why people come here,” said New. “It’s what we’re all about on Folly Beach — this is a public beach.”

New acknowledged erosion concerns along the island, and said he understands the Tides’ motives for seeking the permit; however, the long-time local firmly believes the city must protect public interest. “You have to make a fundamental decision as to where, philosophically, we are as a community when it comes to an essence of a taking of the beach by a private enterprise,” he said.
New also pinpointed erosion issues along the island’s East end, and claimed houses jutting out onto the beach, as well as stretches of shoreline riddled with hazardous rocks and walls, render the beach impassible. “For more than two decades I’ve gone out to the beach every evening, I’ve made a left, I’ve walked down the beach to the lighthouse — the lighthouse is near and dear to my heart,” he said. “Can’t do it anymore — that’s a diminishing of the quality of life for everybody who’s walking the beach. Now there’s no access to walk down the beach on the East end — that needs to be rectified.”

New suggested the city commissions a task force to remove rocks andvarious obstacles littering the beach, in order to reopen beach access.

“It comes back down to the same issue: private interest versus the public interest,” said New. “I’m for private property rights, but I hope, and I truly believe that it is critically important for the future of Folly Beach, that you will make sure the public has free and clear access to as much of the beach as possible.”

OCRM permit update

Eric Lutz, the city’s building official, informed council about the OCRM permit’s final review deadline on Sep. 29, and said city officials and residents reserve the right to oppose the project.

Lutz said the permit’s parameters are riddled with ambiguous information, however, and he plans to weed out the project’s discrepancies, including contrasting written descriptions and engineering drawings. “Whenever I see conflict like that, I think it needs to be brought up and resolved,” said Lutz.

Rich requested council receives more information before submitting a final review. “We obviously don’t want to impede public access,” said Rich. “We’re not saying we don’t like the idea, we just need to get more information.”

Council unanimously requested further information on OCRM permit.

Ordinances
Third Readings:
No. 25-11 (Transferring discretionary responsibility from Public Safety director to building official in determining unsightly lots and hazardous properties)
Council approved ordinance, four to two. Ellis and Rich opposed.

First Readings:
No. 09-11 (Transferring less than one acre of marshland near Bowens Island Road to SCDOT, in order to raise a bridge over Folly Creek,)
Council unanimously approved the ordinance.
No. 10-11 (Granting right-of-way easement to SCDOT for roughly 3/10ths of an acre of land and authorizing the Mayor to execute all documents effecting the transaction).
Council unanimously approved the ordinance.
Resolutions
No. R41-11 (Awarding a bid of $130,219,56 towards a city refuse truck)

Councilman Pennell Clamp adamantly opposed purchasing the selected garbage truck and urged council to re-consider different vehicle options. He said that Council did not receive enough information to make an intelligent decision about the $130,000 purchase.

While extensively researching various diesel engine trucks, Clamp concluded the city’s chosen garbage truck, provided by International Truck and Engine Corporation, is rated one of the lowest in fuel mileage among diesel fuel trucks.

In addition to producing inefficient engines, International is currently combating a lawsuit against the U.S. Environmental Protection Agency (EPA), due to the company’s apparent failure in meeting 2011 EPA standards, according to Clamp.

Clamp also pointed out council consdered only two out of 15 potential garbage truck manufacturers.

“If I’m going to spend $130,000 of taxpayers’ money here in this town, I’m going to know what I’m getting,” exclaimed Clamp. “And I don’t know that we’re getting the right thing.”

Council opposed purchasing a refuse truck until further deliberation, five to one. Mayor Goodwin approved.

No. R48-11 (Awarding a bid of $24,350 towards Public Safety RMS and CAD software)

McCarty further discussed integrating the proposed RMS system with the judicial system, and said the system requires further examination before purchasing.

“Anything we could do, even if it required more money than the $24,000, might give us substantial economic advantages, including reduction in overtime and human resources costs,” said McCarty. “I think it’s worth the effort to see if we can flesh out a better profile for integration of records management systems.”
Council postponed until next council meeting for further deliberation.
No. R42-11 (Allocating $24,350 from various Public Safety accounts to obtain new record management software)
Council postponed until next council meeting for further deliberation, five to one. Mayor Goodwin opposed.

Administrator’s Report
City Administrator Toni Connor-Rooks read a letter from Marty Morganello, president of Surfrider Foundation’s Charleston Chapter, requesting a refund of $2,000 donated by the Chapter to fund Folly Beach Management Patrol (FBMP) throughout the winter months, due to recent-voiced protests against the Chapter’s partnership with FBMP.

According to Morganello, former city councilman Tom Scruggs advocated for community opposition during a recent council meeting towards Surfrider, claiming the Chapter was hampering FBMP operations.

“Honestly, I don’t think I would know Mr. Scruggs if I passed him on the street, and it was never my intention to attack anybody personally. I (we) were voicing our concern to the Chief about the program parameters and duties and not any one employee’s action or inaction,” wrote Morganello.
“I am sorry it has come to this. but I don’t want our well respected Surfrider Chapter’s reputation to be tarnished with council members or island residents by having anyone thinking that we are doing something political, complaining, or making demands of the City of Folly Beach…Our officers and all of our volunteers love Folly Beach and want it to be in as best shape possible, as we do with regular beach and marsh sweeps, mutt-mitt dispensers, butt cannons for cigarette butt disposal and our monthly meetings, where we have guest speakers to educate meeting goers of local environmental concerns.”

Voicing councils’ gratitude towards Surfrider’s contributions, Hume said he hopes the city continues working closely with the organization. “I think it’s a shame that some grandstanding has put us at odds with the Surfriders, who have been very great for us and share our goals for the beach,” said Hume. “I would just like to at least make them realize that we love having ya’ll out here, and we don’t want to have this issue be an issue.”

Council unanimously agreed to return $2,000 to Surfrider’s Charleston Chapter.

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All members were present except Eddie Ellis.

Mayor Tim Goodwin pointed out that on September 23, Folly Beach celebrated its 38^th anniversary as a City.

NEW BUSINESS

Resolution No. R42-11. (Amends FY11-12 Budget by transferring $24,350 from various public safety accounts for the purchase of record management software.

Council member Pennell Clamp motioned to defer the resolution until after it could be discussed in a work session.

“This is just moving money around that’s already been approved, from point A to point B,” said Goodwin.

“I do realize the short term need to get this done, but we talked way in the beginning that we weren’t putting stuff on the agenda that we hadn’t discussed ahead of time. This is that. Rush, rush, rush,” said council member Paul Hume.

Goodwin explained that this resolution had been on the Sep. 13 agenda, and added that since council had voted to move the 911 dispatch center back to Folly Beach, “we’ve got to get moving.”

Council member Charlie McCarty voiced his opinion that with a discussion, the issue would be resolved.

“If we spend it, we need to talk about it,” added Clamp.

Council voted unanimously to suspend the resolution and discuss it at a 4 pm work session on September 27.

Council then went into Executive Session.

When they returned, they took up Resolution No. R44-11, approving a proposal for services from the James Island Public Service District (JIPSD). Small amendments were made in wording, and the resolution was approved unanimously.

The meeting was adjourned at 5:40 p.m.

West Cooper Playground Update

In the last issue of the Current, we reported that a vehicle had struck and destroyed the fence at the West Cooper Ave. playground. According to Public Safety, the incident occurred at about 2 a.m. on September 10, and Roy Thaddeus Stuckey was apprehended and charged the following day with leaving the scene of an accident.

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Council Meeting, 7p.m.

Mayor’s Comments

Mayor Tim Goodwin dedicated Aug. 24 on Folly Beach towards Surfers Healing, a charitable foundation founded by competitive surfer Israel (Izzy) Paskowitz, combating autism with mind-easing surfing lessons.

In response to Paskowitz’s son, Isaiah, receiving an autism diagnosis at age three, the widely-recognized surfer paired his love for surfing with a determination to allay his son’s condition.  Initially placing Isaiah years ago on a surfboard’s nose, Paskowitz paddled from the rear and, upon noticing his son’s tranquil-persona in the water, the champion surfer and his wife, Danielle, soon began hosting surfing camps to share the ocean’s healing powers with autistic children.

The unique, sensual healing process rapidly seized recognition throughout various coastal communities and, after gaining a vast following, has swelled to nationally-renown status.

“Surfer’s Healing became a household name in many coastal communities — the idea born from an inspiration by a father with an autistic son grew from state to state across the nation,” read Mayor Goodwin.  “Folly Beach sends its appreciation to this organization, who has given so much and has so little, and continues to pay forward the benefits to autistic children everywhere.”

Paskowitz, whose son is now 20 years old, gladly received Mayor Goodwin’s reverent remarks, and credited his fellow surfers in attendance from Puerto Rico, Hawaii and California in carrying out the effort.  “With these gentlemens’ help, now we can take up thousands,” said Paskowitz.  “Thank you for making this dream into an unbelievable dream.”

Mayor Goodwin presented Sergeant James Vincent Couche with an award for 20 years of outstanding, continuous service from 1991 to 2011.

“It’s not every day that you get to do this,“ said Mayor Goodwin.  “The citizens of Folly Beach and the Folly Beach Public Safety department wishes to thank you from the depths of their hearts.”

Gladly receiving the accolade, Couche responded:  “It’s been an honor and a privilege to serve the city.  This place means a lot to me — that’s why I’ve stuck around.  I will continue to be here for you, for as long as you need me.”

Personal Appearances

West Ashley residents Patrick Totora and Vanessa VantHul of Savor Your City, a Charleston-based advertising company geared towards raising publicity for local businesses and non-profit organizations, requested to pitch a tent on the beach and offer locals free water, in an effort to promote their business and acquire membership signatures.

In partnership with Facebook, Savor Your City showcases local businesses, community events and various activities throughout the area, and offers members an opportunity to receive rewards, including redeemable coupons and gift certificates to support local establishments, according to VantHul.

“We’re providing an online community based on the heart of Charleston and all of the great amenities that we have here in the area,” said VantHul, regarding the company’s initiatives. “We really want to promote and support our local economy here, and really put our money where our heart lives.”

Totora said Savor Your City transcends typical websites’ promotional practices by facilitating user interaction.  “We want people to really feel like they belong to the community and get them involved in all the things that area going on,” said Totora.

Councilman Charlie McCarty inquired about the company’s business scheme, including sponsorship, revenue and expenditures.  “Tangibles” said McCarty.  “What are we talking about distributing on the beach?”

VantHul said the company plans on offering various promotional adds to support local businesses and, in-turn, engage residents and obtain membership.  “We sell to businesses and not to the public,” said VantHul, referring to the company’s advertising revenue.  “Businesses and non-profits are going to want to get in front of our audience.  We have a really attractive and engaging reason for people to want to come to our site — it’s a great way to put businesses in front of that audience.”

Savor Your City’s sights are set on Folly Beach, due to the island’s viable market, according to Totora.

“We want to share the beauty that is Folly Beach — we want everybody that lives here to know about all the great events and everything that happens down here,” said Totora, who referred to Follypalooza, an annual community event, as a promotional opportunity.

Councilman D.J. Rich recommended the representatives seek a different promotional venue, and follow-up with Charleston County Parks and Recreation, as well as the city’s Business Association.

“We don’t commercialize the beach — people don’t want to be bothered on the beach,” said Rich.  “I think what you’re doing is great, as a whole, but the beach just isn’t the place to do that.”

Council unanimously opposed Totora and VantHul’s request

Citizens Comments

Susan Breslin of 1115 East Arctic Avenue, urged council members to re-commence Christmas tree recycling along the island’s dunes.

In an effort to expedite the island’s beach re-nourishment process, the city accrued residents’ trees in years past and distributed them along the island’s beach front, tucking them beneath the dunes.

Upon purchasing a beach house years ago, Breslin said her nearby neighbors consistently buried their trees each year under the dunes.  “They had at least 20 of them,” said Breslin.  “The dune was sky-high.”

Breslin said property was eventually purchased near the dune, however, bringing annual recycling to a halt.

“I just want y’all to know this is a great thing,” said Breslin, regarding the city’s former recycling initiatives.  “It works.  It’s a fabulous idea.”

Rich said council removed the resolution from the meeting’s agenda due to requests for further evaluation.  The city plans in Sept. to address the issue, however.

“A lot of people have done it up and down the beach every year, and it does work.  You’ll see it coming up, so you’ll get all the finer points, collection dates and how it will work.”

Rich and the city’s building inspector, Eric Lutz, plan to pinpoint beach erosion spots in early Oct., and re-designate spaces for trees.  “We’re going to target the hotspot areas and move forward with that in the future,” said Rich.

Utility Advisory Board Elections

Mayor Goodwin handed out forms containing names of five candidates seeking to fill four vacancies for the newly-established Utility Advisory Board.

Council elected Philip Garces, Becky Dennis, Mike Henning and Carl Beckmann to the board.

Department Heads present hurricane Irene preparation tactics

Folly Beach building official Eric Lutz and zoning administrator Aaron Pope said they’re monitoring substantially-eroded areas along the beach, in order to further evaluate for re-nourishment — particularly if Irene damages the island.

If the state decrees a mandatory evacuation, Pope said the city’s business license program, an identification program issuing valid licenses to local business owners, will remain a priority upon business owners’ return.

“Hopefully that will make things a little bit easier afterwards when were out checking to see who’s supposed to be here and who’s not supposed to be here,” said Pope.

Public Works Director Steve Robinson said he’s backed-up the city’s emergency generators, as well as consolidated debris removal contracts and fueled up essential vehicles and equipment.

Robinson said he’s also secured distribution system tanks, with 350,000 gallons of potable water stored and secured on East Hudson Avenue.

“22 years ago it was my pleasure to be apart of recovery from Hurricane Hugo — I learned a lot from that,” said Robinson.  “I’m still here and I don’t want to do it again — let’s pray for steering currents.”

Robinson’s department is closely collaborating with the Public Safety Department and, if necessary, plans to remove debris and identify hazardous locations.  “That’s the first priority — to work with the Public Safety Department to make sure they can get to where they can make their inspections in safety and help the well-being of the residents,” said Robinson.

Charlie McManus, the city’s finance comptroller, said he’s working alongside the Public Safety Department in securing reimbursement eligibility for city officials, as well as acquiring federal funding for labor, equipment and damage costs.

A reinforced financial system is in place, according to McManus, who will hightail the city with valuable financial information, including checks, check requests and the city’s payroll system, if Irene approaches.

If the hurricane cripples the island, McManus said he’s set-aside an allowance to pay employees, as well as for necessary supplies.

“So basically we should be happy because you’re leaving with all the information, all the checks and all the cash,” joked councilman Paul Hume.  “Will we be coming to your house for the hurricane?”

“My house is on the water, so it probably won’t be there,” responded McManus.

Public Safety Director Chief Dennis Brown, said Public Safety officials are operating on a three-tiered program to heighten preparatory measures.

“My philosophy is:  we prepare for the worst and hope for the best,” said Chief Brown, regarding preparatory tactics.  “We’ve been planning for this unfortunate event for a while.

Anticipating Irene’s arrival, Public Safety is operating on the program’s first tier — focusing on logistics to ensure adequately-prepared personnel and sufficient amenities are readily available, according to the Chief.

Chief Brown said more than 20 volunteer fireman and officers will remain in the Public Safety building until the Mayor relieves the staff.

Upon Irene’s arrival, Public Safety officials will shift operations to the program’s second tier, and coordinate responses based on the state’s emergency level, according to Chief Brown.

Chief Brown said the city has arranged for Charleston County EMS to store an ambulance at the Public Safety building and, if a mandatory evacuation is issued, officers will quickly move door-to-door, requesting residents flee the island.

“We don’t want folks coming out here to put themselves in unnecessary danger as we’re trying to get folks out,” said Chief Brown.  “We don’t — no-offense — want to have a surfing competition in the middle of a class-four hurricane.”

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Council member McCarty was not present. Council member Beck came at the end.

“It is hot, even at the beach,” stated Mayor Goodwin at the beginning of the meeting. “Be sure to keep plenty of water for your pets, as well as yourself.”

Chief Brown stated that he had three commendations for Folly Beach firemen.  These three firefighters responded to a structure fire on Bowen’s Island on August 3, although dispatch advised them that their help was not needed.  Responding anyway, the fire personnel, along with Sergeant Couche, arrived at the home, finding it engulfed in flames.  James Island Fire Battalion Chief Glick informed Chief Brown that his crew had the fire out within ten minutes.  Their actions helped save a great deal of the structure, as well as prevent it from spreading further.  The three firemen receiving these commendations were Rob Fulmer, Herbert Scott, and Christopher Gay.

Mayor Goodwin then asked who directed traffic the prior Sunday, extending his thanks for maintaining good traffic flow on the day of rest.

Council member Clamp then motioned to approve the Agenda, with Council member Ellis seconding.  The motion carried.

Council member Rich then motioned to pull Ordinance No. 26-11, regarding the Beach Management Patrol Committee, until Council’s work session after Labor Day weekend.

“I somewhat jumped the gun on this issue, and would like to wait until after season to evaluate this,” stated Rich.  “I have been an advocate for this program from day one, and it is rather disheartening to hear otherwise,” he continued.

Rich then moved toward Ordinance 27-11, regarding items left on the beach, which he felt should also be postponed until after the aforementioned work session.

Clamp then motioned to approve the Agenda as amended, with Ellis seconding.  The motion carried.

Ellis motioned to approve the previous minutes of July 26, with Council member Hume seconding.  The motion carried.

Personal Appearances

Batey Self of Kappa Alpha Theta Sorority from College of Charleston came before Council request approval for a beach gathering.  This would be on the sorority’s “bid day,” on August 21 from 12pm to 3pm.  “We did this two years back, and everyone enjoyed it thoroughly,” said Self.  “There will be no alcohol involved; and there will be about 100 girls hanging out on the beach.”  Self added that the last event held at the beach was near Summer Place, close to the Morris Island Light House.

Ellis said that erosion is a major problem in that area, and that it may be more beneficial for them to pick another spot.

Hume recommended that 3^rd or 4^th Street on the West Side of the island as a more suitable place for so many people to gather.

Clamp motioned to approve the event request with Rich seconding.  The motion carried unanimously.

Citizen’s Comments

Angus Minton of 414 East Eerie and the Folly Beach Exchange Club thanked Council for their generous donation to the Exchange Club’s Flag Fund.  He further added that if anyone is interested in joining the club, their spaghetti supper will be held on August 20 from 4pm to 7pm.

Susan Breslin of 1115 East Arctic wanted to speak in regards to Ordinance No. 26-11.  “I don’t want to be unkind or single anyone out, because the ordinance looks like it was written by a committee,” stated Breslin.  “Anyone trying to manage something can tell you that you don’t manage by committee – there’s no accountability.  Although I have no particular experience with the beach, I have heard that the Beach Patrol is doing a fantastic job,” concluded Breslin.

Jim Trusso of 254 Little Oak Island Drive was present for the same reason.  A former superintendent with a Board of Education, Trusso contrasted enacting this ordinance with his former job.  “First of all, a board of education establishes policy, but does not go into the classroom and evaluate the teacher,” stated Trusso.  “Secondly, committees just don’t function well when there’s a ‘yes’ and ‘no’ decision to be made.  Thirdly, I am on the beach more than most of you.  I have found a remarkable change within the past year, and wanted to commend Council for establishing the beach patrol.”

Jerry Pierce petitioned Council for a memorial event request to be held on September 24 from 11am-4pm.  The event would be held on 1^st Street near the Tides parking lot and Ocean Point Villas.

Rich motioned to approve the request, with Ellis seconding.  The motion carried unanimously.

Tom Scruggs of 319 West Indian Avenue was pleased to hear that Rich removed the ordinances from the Agenda.  “In regards to beach patrol, we’re really learning as we go,” stated Scruggs.  “I have to tip my hat to the chief, because people really listen to him.  He means business and is a good leader.”

Beth Saunders of 406 West Cooper, the mother of Kathleen Saunders (a member of the Beach Patrol), had some input from her daughter.  Kathleen Saunders felt that her job entails being a “steward of the beach.”  She continued that most of the trash she finds is not alcohol related.  Typically they find water bottles, bucket handles, and other various items of trash.

Unfinished Business

Ordinance No. 13-11 An Ordinance amending the Folly Beach Code of Ordinances, Chapter 33; Boards, Commissions, and Department; Section 33.160 by creating a new Section 33.163; Utility Advisory Board.  (SECOND READING introduced by Council member McCarty).

Ellis motioned to approve the ordinance, with Clamp seconding.  The motion carried unanimously. Ellis then motioned for a third reading of the ordinance, which passed unanimously.

Ordinance No. 25-11 An Ordinance Amending the Folly Beach Code of Ordinances by amending Chapter 94 Health and Sanitation; Nuisances; 94.03, determination of certain property; and 94.04, Report of Property; Notice to Owner; failure to comply. (SECOND READING introduced by Mayor Goodwin).

Hume motioned to approve the ordinance, with Clamp seconding.  The motion carried3-2, with Ellis and Rich opposed.

New Business

In regards to Appointments to Boards, Commissions, and Committees, Mayor Goodwin said that Council only needed to vote for the three vacancies in Community Promotions.  The resulting three members were Kathy Nicklaus, Nancy Hussey, and Anton Dumars.

Ordinance No.27-11 An Ordinance amending the Folly Beach Code of Ordinances, Chapter 151, beach preservation and construction provisions; 151.14; use of the beach. (FIRST READING introduced by Council member Rich).

Hume motioned to approve the ordinance, with Rich seconding.

In Council comments, Rich said, “If anyone has any misinterpretation about what I said in regards to Beach Management, feel free to call or email me.  I am a staunch supporter of Beach Management, and feel that they have been doing a great job,” added Rich.

Beck joined the meeting at this point and said she had been delayed returning from a trip.

Clamp stated that they have a great Beach Patrol, and he is proud of “what we got.”

Ellis added that it seemed to him as though there was a trend for them leaning towards the prevention of litter.

Hume said, “What I am happy to hear is that the Folly Float Frenzy is back in town.  This goes from the Boat Landing to the marina.” He said that all proceeds will be going to charity, and they are hoping to bring it back as a “post-seasonal” event.

The event will occur on September 17 at noon, at the Boat Landing.

“We’re working for safety first, and we should be able to have a link on the City’s website here soon,” concluded Hume.

Ellis then motioned to adjourn the meeting. The motion carried.

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Council unanimously approved the consent agenda, including a bid for a $23,976 two-year landscaping contract towards Eddie Ellis Landscaping.

PERSONAL APPEARANCES

Jason Trotta of 1270 Horseshoe Bend, Mt. Pleasant, and founder of local charity, Try for the Kids, requested permission to launch a 25-mile charitable bike ride at 8 a.m. on Aug. 6 from the Tides Hotel parking lot. Roughly 50 bikers will depart from the hotel and cycle down Center Street, according to Trotta.

Trotta said the event will benefit Charleston-based organization, Louie’s Kids, founded in 2001 by Louis Yuhasz in an effort to combat childhood obesity.

After traversing Center Street, bikers will wind through various James Island back roads and city streets until ending at downtown restaurant, California Dreaming.

Before leaving the stand, Trotta extended an invitation to Mayor Goodwin to participate in the bike ride.

“For the ride? You kidding me?” joked Mayor Goodwin. “When I was 20 years younger, maybe.”

Council unanimously approved Trotta’s request

James Island residents Brooke and Thomas Kortenhoeven, 226 Woodland Shores Road petitioned for a waiver to Ordinance 24-11 — an ordinance defining and restricting transient vendors on Folly Beach — and sought permission to open a vendor stand at W. Erie Avenue and Center Street, offering food and soft drinks from 9 p.m. to 3:30 a.m. beginning July 27.

“There are about 50 to 60 employees of the hotel, condos, bars and eateries on Folly that need something to eat when they get off work — there’s nowhere to get food after 2:30 a.m.,” said Mr. Kortenhoeven. “I believe that our business on Center Street will help that crowd spend more money on Folly Beach at nighttime.”

Due to late hours of operation, the business will not interfere with traffic, or infringe upon other local businesses commerce, according to Mrs. Kortenhoeven.

Mr. Kortenhoeven said more than $3,500 in significant investments were spent to prepare the business, including mobile food unit costs and South Carolina retail license fees. “We estimate that we spent between 165 to 175 man hours trying to put our business together,” said Mr. Kortenhoeven.

Mayor Goodwin questioned the prospective owners compliance with DHEC requirements and inquired about a mandatory base of operations, equipped with a commercial kitchen, separate from the business owners’ residence.

Mr. Kortenhoeven said they’ve requested approval from DHEC to house their base of operations in their residence, and are awaiting approval.

Mr. Kortenhoeven also said the business will occupy an existing vendor space. “We’re not asking to add a space, but we’re working with a friend who’s helping us,” said Mr. Kortenhoeven. “He’s not using his space at night and we’re going to use it.”

Mayor Goodwin said city requirements suggest their location is already maxed out on vendors per lot, however.

Council unanimously opposed the Kortenhoevens’ request

ORDINANCES (Require three readings for approval)

Third Readings:

No. 22-11 (Approval of 2011-2012 budget for City of Folly Beach)

The 2011-2012 budget currently reflects total revenue and expenditures equaling roughly $5 million, with approximately $400,500 in reserve funds. Despite near-identical figures, the budget does not propose a tax increase.

Councilman Pennell Clamp expressed concern for the budget’s equal incoming and outgoing funds. “We’re gradually creeping up, spending more money, more money, more money,” said Clamp, referring to the budget’s expenditures. “I can’t vote for this budget.”

Mayor Goodwin emphasized the budget’s proportionate figures, however. “This budget does not dip into the reserves, it’s balanced and there’s no mill increase,” said Mayor Goodwin, in response to Clamp’s scrutiny.

Council approved budget, 5 to 2, and adopts the 2011-2012 budget. Clamp and Ellis opposed

First Readings:

No. 13-11 (An amendment creating a Utility Advisory Board)

Councilman Charlie McCarty said this amendment is tailored to the city’s “unique” sewer and water situation, and proposes a Utilities Advisory Board (UAB) comprised of experts to increase efficiency and effectiveness in handling utility issues.

The UAB is not seeking autonomy, and will accordingly address money, engineering and planning issues at council meetings, according to McCarty.

“There really is no necessity for monthly meetings — things happen in cycles with our utilities,” said McCarty, referring to utility contracts. “Hopefully the revitalization of the Utilities Advisory Board will leave us as council in much better position, well in-advance of our normal budgetary and contractual obligations,” said McCarty.

Council unanimously passed vote

No. 25-11 (Shifting discretionary responsibility from Public Safety Director to Code Enforcement Officer in determining unsanitary and hazardous properties throughout Folly Beach)

Mike Rashard, 203 E. Huron Avenue resident, said he feels entrusting a city official with enforcing property standards infringes on residents’ privacy. “It’s giving very autocratic powers to one man [Code Enforcement Officer],” said Rashard. “The Magna Carta says a man’s property is his castle, so you don’t go in there and mess with it.”

Mayor Goodwin said council is merely re-designating responsibilities to a Code Enforcement Officer. “The ordinance has been in place for years and years and years, and the guy that had the total power at that point in time was the Chief of the Public Safety office,” said Mayor Goodwin. “All we’re doing is trying to move it off his [Public Safety Chief] shoulders and give it to the Code Enforcement group, which is usually where it is in every other city.”

Rich said he shares Rashard’s concerns towards the city’s decision to continue assigning vast responsibilities to a single city official. “He [Code Enforcement Officer] really could go up to any and everybody that he doesn’t like and say ‘I don’t like what you’ve done here; you need to fix this’ — there’s no appeal process,” said Rich. “Instead of just changing it over to a Code Enforcement Officer, I think the whole Ordinance needs more work. To give one person that much power — regardless of who it is — it’s just asking for trouble.”

Councilman Eddie Ellis echoed Rich’s concerns toward the city’s non-existent appeals process, and said nothing is preventing unwarranted disputes from arising between neighbors.

“I don’t think you’re going to cut out anybody ratting on their neighbor,” responded Mayor Goodwin.

Councilman Paul Hume said he agrees with the city’s decision to shift responsibilities. “It certainly makes more sense to have the people who are code enforcement people, enforcing the codes, rather than the chief of fire and police, who has four trillion other things to do,” said Hume. “The code enforcement officers that we have now have proven themselves to be diligent in at least enforcing the codes that we have.”

Hume suggested council revisit the original Ordinance at a later date to reach a middle ground.

Beck said the city should consider a livability court in order to fine-tune ordinances and enforce appeal processes, as well as clean-up streets.

“Maybe we’re getting close to the time when we should in all likelihood establish a livability court,” responded McCarty.

Council passed vote, 5 to 2. Ellis and Rich opposed

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