Tons of Action at Council’s October Meeting
By Charles McCarty | Staff Writer
Folly Beach City Council met on Tuesday, Oct.13. Mayor Tim Goodwin was absent. Councilmember Tom Scruggs, presided as Mayor Pro-Tem, other Councilmembers in attendance were Eddie Ellis, Pennell Clamp, D.J. Rich, Sandy Hickman, and Dale Stuckey. The Work Session convened at 7 p.m.
Councilmember Hickman, reporting for the Festivals Committee, shared a chart of events proposing requirements for City-sponsored events. Some minor edits were considered and Mayor’s Assistant Spencer Wetmore hoped to have a resolution for adoption on this matter next month.
Representatives of Dover-Kohl presented its October findings, recommendations and plans of the Folly Road Corridor study (Rethink Folly Road Project). A public meeting on this project will be held in Nov. 2, with hopes for a supporting resolution to pass in December. (Note: full copy of the draft report is accessible on the City of Folly Beach Facebook page and also is treated on its webpage at www.cityoffollybeach.com)
Council’s Regular Meeting convened promptly at 7 p.m., in addition to the Councilmembers, the following City Staff attended: Spencer Wetmore, Assistant to the Mayor; City Attorney Ben Peeples; Lee Gessner, Director of Finance; Aaron Pope, Zoning Official; Eric Lutz, Building Official; Andrew Gilreath, Director of Public Safety, Steve Mims, Deputy Director of Public Safety
Opening Comments
Councilmember Scruggs, as Mayor Pro-Tem, indicated that Personal Appearances will be held to five minutes in length. He thanked everyone for their help during the recent flooding. He also indicated that the conceptual design for the new paddlecraft area at the boat landing has been approved, and all garden lots have been built and leased at the Community Garden.
At this point, Wallace Benson announced the following four deceased citizens were memorialized into the Folly Beach Hall of Fame: Maude “Granny Mac” MacMillan, Chief Julian Bunch and Tom and Kitty Windge. Family members and friends of the honorees were encouraged to relate highlights of their service to the community.
Staff Reports
Zoning Administrator Aaron Pope indicated that the owners of the King’s Flats property were negotiating with a prospective “buyer” who wants to make some changes to the Planned Development agreement with the City that would reduce the density of the development. The Planning Commission will consider this at their November meeting
Personal Appearances
Paul Lauer of 420 West Ashley Avenue (CDI builders) requested permission to tap into the sewer line at 420 West Ashley Avenue while constructing a new four-bedroom residence there on behalf of the owner. He indicated he would be bearing all the costs of the connection. Pope stated that the surrounding lots are on the City sewer line, further noting that Council had approved other sewer connection variances last year. City Attorney Ben Peeples described the growth of “sewer rights” in the City. Council approved the extension unanimously.
Carl Beckmann of 1214 East Arctic Ave. appeared before Council in response to Ben Peeples’s appearance at the August Council meeting. Beckmann stated he read the official minutes and news reports on the meeting and, overall, found Peeples remarks were “disparaging and hateful” toward him. (Peeples had discussed the final disposition of Beckmann’s ethics complaint regarding the Mayor’s violations of the State Election Law.) Beckmann apologized for not coming before Council earlier, but was on military assignment at Ft. Bragg in August, and was on a return flight to Charleston during the September meeting. He asked that he be granted extended time, as had been granted to Peeples in August.
Beckmann said he was confused as to what role Mr. Peeples had assumed in his statement. Asking was he there as: ”City attorney? Private citizen? Mayor’s defense attorney? At times, Mr. Peeples seemed to co-mingle these.” Beckmann then agreed with two points made by Peeples. The first was Peeples’s final summary that the Commission’s findings, sanctions and penalties applied to his client’s legal transgressions are “over.” Beckmann went on to say: “I have no problem with that, and I assume and hope Tim is now ‘good’ with the Commission with all his fines and fees paid last month, and that he fully and soulfully accepts the warning and cautions the order contains.” Beckmann agreed that Peeples’s strategy to avoid going to full, and perhaps “open” hearing in November inevitable. He said, “after reviewing the Commission’s list of witnesses and evidence, he had his client’s best interests in mind when he copped his plea for leniency down to two counts… admitting violations to the Commission staff instead.” But, he disagreed with Peeples’s assessment that the Ethics Law and its provisions were “really stupid.” “I believe the public has every right to expect its political leaders to give them a fair, uninfluenced chance to express their preference by referendum without the push of political pressure subsidized by their own tax money,” Beckmann said. “Those that exert such pressure should understand they will face the consequences.” He went on to say that claims of ignorance of the law “remained hard to swallow” in the light of violations of the same law by Berkeley County personnel that had been widely publicized.
Beckmann went on to deny the complaint was baseless, frivolous or politically-motivated as inferred by Peeples in his address to Council in August. “Otherwise, the Commission would have dismissed the complaint,” Beckmann said, then reminded the audience and Council that the Commission found probable cause on five counts that the Mayor had violated the Ethics Act.
“As I see it, Mr. Peeples, as city attorney, could be seen as failing in his duties to keep the Mayor, Council and the City safe from these types of violations,” Beckmann said. “The bottom line, the Ethics Commission found probable cause in the Mayor’s actions, levied fine and issued him a letter of warning.” He then thanked the Council for the opportunity to speak.
Councilmember Clamp expressed displeasure to Beckmann for his filing the complaint, which Clamp adamantly considered “frivolous,” and he blamed him Beckmann, not the Mayor, for costing the City taxpayers of Folly Beach $5,000 in legal fees to defend the Mayor and his Assistant. “We all live in a glass house,” Clamp said. “The sour grape has gone on way too long. Over five and a half years. It’s time for it to stop. Enough.”
“Do we all get a minute here,” Councilmember Rich asked. “I have a bit of a discrepancy with what you said.
Councilmember Scruggs ruled then that there would be no debating. Brief comments pertaining to Mr. Beckmann’s statement would be allowed.
Councilmember Stuckey commented that a lot of allegations were made on all sides. “What you need to do is you need to pick up that Consent Order that came from the Ethics Commission, read it and find out exactly what the facts are,” she said. “That is how you are going to know what happened. Not by listening to allegations.” She doubted these issues had done any good for the City.
“I don’t think Mr. Clamp’s comment was doing any good either,” said Councilmember Rich. “I will leave it at that instead of debating at the moment.”
Susan Breslin of 1115 East Arctic Avenue also appeared to speak to the Ethics issue. “I have listened to this whole discussion about the Ethics Commission letter, and I really think it’s time that the citizens understand the price that they are paying for this little caper,” she said. “I agree with Mr. Beckmann that the Ethics law is a good law. It is important that it be followed.” Breslin, however, was concerned about getting into so much “minutiae.” She related a story of what she perceived as possible ethics violations in an election many years ago. “With any law, you have to use judgment,” Breslin said. “Is this worth it? Is it serious?”
“So in monetary terms … the City has paid $4,500 of taxpayer money because of this foolishness,” Breslin said. She characterized Beckmann, the complainant, and Sidney Riggs, the citizen who first pointed out the infractions and ask they be mitigated, as “two bitter men who wanted to get the Mayor over silliness.”
Councilmember Hickman asked Breslin if she had ever filed an ethics complaint regarding a former Folly Council Member. “I filed complaints, I am glad you asked me that because I wanted to say that,” Breslin said. “The fact that a complaint was filed is not my problem. I don’t have a problem with that.”
Councilmembers Rich and Hickman almost simultaneously remarked, “You just said you did.” Then this exchange occurred:
Breslin: What I have a problem with is a nonsense complaint that has no substance.
Councilmember Hickman: What makes it nonsense or not nonsense?
Breslin: Because no one is affected by it.
Councilmember Rich: They were found guilty.
Breslin acknowledged that she filed complaints against two candidates in the last election, claiming “neither had complied with the finance law.”
“You just said it was okay to file a complaint, and then five minutes ago you said it wasn’t okay,” said Councilmember Rich. “You said that your complaint was upheld. Their complaint was upheld too. They found an infraction. They found somebody guilty and they levied a fine. That constitutes an infraction, not some frivolous bullcrap complaint. I’m sorry. I don’t agree with that part. There was an infraction. You have to admit that. Now I hope we can move on from that. To say there wasn’t an infraction is just ludicrous.”
Councilmember Scruggs finally broke in, closing the exchange and thanking Breslin.
Citizens Comments
Nancy Smith of 1204 Tabby Drive said she was happy with updated beach management plan. She expressed concern that the document remain a living and working document that will not be shelved. She said its contents should be at the forefront of all City Council, Board and Commission decisions.
J.D. McAllister of 1715 East Ashley Avenue spoke with concern about the revised beach management plan, requesting Council table the discussion until changes are made. He said the new plan to explain the perpetual easement line was changed and the legal issues surrounding the 14 contested houses in beachfront. He went on to the need to begin recognizing a policy and plan of retreat to consider “relocating buildings, removal of erosion control structures and relocation of facilities.”
“You have political and fiduciary duties and obligations to get this right,” McAllister said. “You have the opportunity tonight to get this right. Please do so.” Spencer Wetmore responded in detail, after thanking him for his concern and comments. She pointed out that some research and coordination with OCRM on the baseline had been done and that the baseline that is referenced in the 1992 plan was in fact not yet an adopted baseline. The official baseline was adopted in 1994 and has not changed since that time. She pointed out by State statute, Folly is exempt from the retreat policy because of a finding of in fact chronic erosion by the Army Corps. She concluded she would have some other general comments that would support the actual adoption of the resolution for the dune management plan and some things at that time.
Greta Anderson of 46 Lempsis Lane read from the resignation letter of Mary Cunningham to Mayor and Council. In it Cunningham recounted her 15 years with the City. She indicated she requested a return to part-time role as Municipal Clerk with support expressed to her by Mayor Goodwin in September that would afford significant financial savings to the City. She felt more significance was placed on this request than necessary, and delays and rescheduling of the matter from normal personnel discussions in Executive Session to a public meeting was what she described as a lack of respect from several council members. She wrote Councilmembers Stuckey and Scruggs pressed for a public forum, and delays and rescheduling occurred. She felt is was her honor to serve the citizens of Folly Beach as Certified Municipal Clerk. Her former husband’s death in May of this year gave her “a new perspective in life and the importance of living each day as if it were my last. I no longer have the time nor desire to work for those who dislike me and make work-related decisions based on that reason and not my performance.” In closing, she wrote, “There are specific members of Council who do not understand and appreciate the efforts that the staff members put forth on a daily basis, nor do they care. It was never my intention to resign my position in this manner. However, every employee at Folly Beach should be treated with the same level of respect that they are required to render to those who are in positions of leadership.” Mary’s resignation was effective Oct. 2.
New Business
Resolution No. R50-15 proposed awarding FY14-15 Accommodations Tax funds based on the ATAX Advisory Board’s recommendation. Councilmember Clamp noted there were many changes between this year’s and last year’s distributions. The board’s chairman noted the City requested less than previous years and allowed the Board to give more money to other organizations. The resolution was approved unanimously.
Resolution No. R51-15 granting the sum of $2,500 to the city-organized “FollyGras,” based on the Community Promotion Foundation’s recommendation for the distribution of community funds was considered. Councilmember Stuckey made a motion to postpone this distribution to the November meeting after Council has made clear which staff member will be responsible for these monies since the one who made the request is no longer an employee. Councilmember Rich said this distribution comes at the recommendation of the Advisory Board. A vote was taken. Ayes: Ellis, Stuckey, Clamp, Scruggs; Nays: Hickman, Rich. The motion to postpone was passed and will be reconsidered November.
Resolution No. R52-15 granting the sum of $500 to the Dunes Corn Hole Tournament to benefit Folly Angels, based on the Community Promotion Foundation’s recommendation for the distribution of community funds was approved without discussion unanimously.
Resolution No. R53-15 directing City Administration to return local option sales tax revenue for property tax relief as required by state law was approved unanimously without discussion.
Resolution No. R56-15 proposed a transfer $13,500 from the general unrestricted fund balance to Public Safety, Police Capital to purchase three radios. Chief Gilreath indicated that it was in the budget, and all new radios will be replacing 11-year-old obsolete radios. A vote was taken with all in favor.
Resolution No. R57-15 approving the Local Comprehensive Beach Management Plan was presented by Assistant to the Mayor Spencer Wetmore who explained delays accruing to adding additional comments, updating to reflect current ordinances and to gain additional Public comments, many of which were helpful and were adopted. She and Lee Gessner are doing an update at the November meeting on the Beach Preservation Fund and the Renourishment account. She said the City is saving $1 million a year for the beach, and one line item within is to set aside for potential property acquisition, if the Army Corps of Engineers will allow us to move the PEL and if the property becomes available and possibly acquiring some FEMA mitigation grant funds. Using resources and students at local colleges, the City hopes to develop a dune management plan. The plan was approved unanimously.
Council Comments
Councilmember Rich reminded all of Follypalooza (Saturday, October 24), and congratulated his employee, Ms. Frisco, on her upcoming wedding on October 17. Councilmember Stuckey thanked Public Safety employees for all their hard working during the flood. Councilmember Hickman commended the citizens for “hanging together” during the last weeks following the flood. Council adjourned at 8:57 p.m.
