Franchise Licenses, Construction Noise, and other sundry business
By Charles McCarty | Staff Writer
Folly Beach City Council met for its regularly scheduled, monthly meeting on Tuesday, Jan. 12. The evening began with a Work Session at 6 p.m. Council considered three matters: 1) anticipating the run-up to this year’s election season. Mayor Tim Goodwin and Council reviewed the current Sign Ordinance, particularly the section on Temporary Signs. There was a broad discussion as to whether any changes were necessary, and they concluded that the ordinance “on the books” was to be enforced without change.
2) Mayor Goodwin reported four applications for the City Attorney position have been received to date. (The process closes Jan. 13.) Goodwin appointed a committee of Councilmembers DJ Rich, Dale Stuckey, and himself, along with outgoing City Attorney Ben Peeples and City Manager Spencer Wetmore, to review the applications. The first round of interviews will be held during the first part of February. Until the process of selection is complete, Peeples will be on call to assist as necessary in City legal matters.
3) Mayor Goodwin carefully reviewed and discussed the voting process for the beachfront franchises that would occur later in the meeting.
Regular Meeting
The Regular Meeting of Council was called to order promptly at 7 p.m. All Council members were present, and the following City staff members were also present: Spencer Wetmore, City Administrator; Ben Peeples, City Attorney; Lee Gessner, Director of Finance; Aaron Pope, Zoning Official; Eric Lutz, Building Official; Kyle Sullivan, Director of Utilities; Andrew Gilreath, Director of Public Safety; and Colleen Jolley, Municipal Clerk.
Mayor’s Comments
Mayor Goodwin thanked Winthrop Tree Service for support for the Christmas tree display during the holiday season. He also announced and welcomed new staff members, Colleen Jolley, Municipal Clerk, and Ryan Hall, IT Director.
Staff Reports
Folly Beach Public Safety Chief Andrew Gilreath reported he met with representatives from the Wahine Classic and he sees no issues moving forward with their event. Mayor Goodwin pointed out there is an expanded number of participants for this year’s event. Councilmember Ellis made a motion to approve the Folly Beach Wahine Classic and Councilmember Scruggs seconded the motion. A vote was taken with all in favor.
Personal Appearances
Mansour Rashtchian of 312 East Arctic Avenue came before Council requesting permission to keep the impervious driveway that had been mistakenly poured at his home. He said that the approved plans were for a driveway of impervious material but concrete was poured instead. Rashtchian stated the blame belongs on him. Councilmember Eddie Ellis made a motion to approve his request and Councilmember Tom Scruggs seconded the motion. After several options were discussed, a vote was taken with all opposed to Mr. Rashtchian keeping his impervious driveway.
Jeanette Haber, representing the College of Charleston’s environmental science efforts, requested approval of its 14th annual 8K for H2O on Feb. 20 at 9 a.m. All proceeds from this event are given to local water quality and education endeavors. Haber assured Chief Gilreath that the adjusted routing would insure just a single traverse of Center Street Council unanimously approved the event.
Coach Kevin Bayer made a return appearance to discuss and seek permission for a Beach Wrestling event on Folly Beach. Since his first appearance, he did follow through with the Charleston County Parks and Recreation officials about holding the event at the Folly Beach County Park, and apparently failed to get CCPRC approval. After discussion, Coach Bayer changed his proposed venue from that proposed in the previous meeting to Third Street West instead. Council approved his revised request by a 5-2 margin. Those in favor were Councilmembers Rich, Sandi Hickman, Pennell Clamp, Scruggs and Ellis with Councilmember Stuckey and Mayor Goodwin in opposition.
Citizens Comments
Roger Van Dyke of 502 West Ashley Avenue asked about the possibility of a truck coming to Folly Beach to collect and dispose of hazardous materials like paint and computer monitors. Chief Gilreath said he is already working on that. Mayor Goodwin suggested Van Dyke call City staffer Eric Lutz if he spots items like that laying around the island.
Kai Dilling, owner of Sol Surfers Surf Camp, spoke to why he is bidding on two franchises and reviewed the history of his business on the beach.
Kelly Russ of 418 East Huron Avenue gave a report of funding raised and distributed by the Follypalooza event. She indicated more than $13,000 was raised and $7,000 distributed to residents in need, leaving close to $6,000 to meet additional needs. Councilmember Rich thanked Russ for her efforts.
Josh Wilson, owner of Charleston Surf Lessons, appeared to explain his bid for two franchises, and his camp for special needs children.
Unfinished Business
Ordinance No. 24-15 proposed in second reading amending Chapter 33, Section 33.002 of the Folly Beach Code dealing with Ordinances, Boards, Commissions, and Departments, to address recent organizational changes and personnel appointment, including separation of Utilities and Public Works, additions in Administration, Finance, and Information Technology, and combination of Zoning, Planning, and Business Licenses, and combining Building and Facilities. There being no discussion, Council voted unanimously to approve the changes, and the ordinance was adopted.
Ordinance No. 25-15 proposed in second reading amending Ordinance No. 02-15; The First Supplement to the FY 15-16 Adopted Budget for General Fund. There being no discussion, a vote was taken with all in favor. Ordinance 25-15 passed and was adopted.
Ordinance No. 26-15 proposed amending in second reading Ordinance No. 08-15; The First Supplement to the FY 15-16 Adopted Budget for the Folly Beach Water Utility. Ordinance 26-15 was approved by a 6-1 vote, (Councilmember Clamp in dissent) and was adopted.
Ordinance No. 27-15 proposed amending Ordinance No. 09-15; The First Supplement to the FY 15-16 Adopted Budget for the Folly Beach Sewer Utility (Second Reading) Councilmember Stuckey made a motion to approve and Councilmember Rich seconded the motion. Ordinance 27-15 was approved by a 6-1 vote, (Councilmember Clamp in dissent) and was adopted.
Ordinance No. 28-15 proposed the adoption of the 2015 Comprehensive Plan in first reading. Councilmember Rich made a motion to add the study of changing of Arctic Avenue to one lane back into the Comprehensive Plan. He reminded all that the previous traffic study recommended it. Councilmember Scruggs seconded the motion. Council voted unanimously to that change. Councilmember Stuckey expressed her congratulations to all the members of the Planning Commission and singled out Zoning Administrator Aaron Pope for all the hard work that went into preparation of this document. A vote was taken on the Plan as amended with all in favor. Ordinance 28-15 passed First Reading.
Ordinance No. 29-15, in second reading, proposed amending Chapter 153, Section 153.06, which requires City permission for some special events on Public Property, by adding Folly Gras to the List of Preapproved Events. There was no discussion, and Ordinance 29-15 passed unanimously and was adopted.
New Business
Resolution No. 01-16 proposed adopting the 2016 regular meeting calendars for Folly Beach City Council, Planning Commission, Design Review Board, and the Official Holiday Calendar. Mayor Goodwin noted the date of the April 26 Council meeting is later than normal because of the City election schedule for that month. Resolution 01-16 was unanimously approved.
Resolution 02-16 proposed granting Stantec the sum of $2,100 to design a second crosswalk curb extension at Center Street and Erie Streets. Councilmember Rich stated this curb extension would bring the total to three on Center Street. He indicated the City will be applying for some county funding to further the project, but the funds would not be available until summer. Mayor Goodwin added the City would apply for some State grants as well. Resolution 02-16 was approved unanimously.
Resolution No. 03-16 addressed the sometimes contested and complex process for the award of beachfront business franchises in two designated areas. The easiest single eligible bidder franchises were disposed of first: Personal Water Craft Rental and Chair & Umbrella Rental-West in Section One were awarded unanimously to Andy Pracht (Sun & Ski Beach Service), while the Chair & Umbrella Rental-East in Section One was awarded to Michael Ezelle (Sunshine Umbrellas).
Moving along to the Section 2 — Surf Camps, there were seven bidders vying for just four franchises. Two business people received the unanimous support of Council: Joshua Wilson (Charleston Surf Lessons) and Jenny Brown (Shaka Surf School, LLC.). Kai Dilling’s proposal (Sol Surfers Surf Camp, LLC) won the support of all Councilmembers, with the exception of Mayor Goodwin, for another camp, and finally, Peter Helhado’s proposal (Isla Surf School) garnered five Council members’ votes (Rich, Scruggs, Stuckey, Clamp and Goodwin) to claim the fourth slot.
When considering the growing popularity of Paddleboards, the Council advertised the opportunity for two franchises on front-beach Section 2 and attracted three bidders. Jon Ory (Charleston SUP Safaris) won the support of all Councilmembers for one slot, and Michael Ezelle gained the support of Councilmembers Rich, Stuckey, Hickman and Scruggs to win the second slot. (Councilmembers Clamp and Ellis, along with Mayor Goodwin had cast votes for Dawson Bolus of Folly Eva Surf School.)
Finally, the competition for the two franchises advertised for Chair and Umbrella Delivery in Section 2 attracted three bids. Michael Ezelle (Folly Beach Chair Company) won full Council support for the first slot, and Joshua Wilson and Shawn McCarthy (Folly Beach Chair Guys) took the second slot having gained the nod from Councilmembers Rich, Scruggs, Stuckey and Mayor Goodwin. (Councilmembers Ellis, Hickman and Clamp cast votes for Andy Pracht of Sun & Ski Beach Services.)
Resolution No. 04-16 proposed awarding a contract for East Ashley Avenue Water Line Improvements to Under Construction, LTD for $74,000. This was the result of a competitive procurement process that had attracted three bidders, including also B&C Utilities, Inc. and IPW Construction Group. Mayor Goodwin reviewed the bids and suggested awarding the bid to the lowest bidder, Under Construction, LTD, for $74,000. Council voted unanimously to approve the resolution.
Resolution No. 05-16 proposed authorizing the City Administrator to solicit bids for the 510 East Erie water plant roof replacement (not to exceed $50,000). The resolution was approved unanimously.
Ordinance No. 01-16 proposed amending Chapter 150, Section 150.010, which treats the hours when construction activities are allowed. The ordinance would change current permissible weekday construction that employs heavy, noise-producing equipment between 7 a.m. and 6 p.m. to begin no earlier that 8 a.m. There was broad discussion after Councilmember Stuckey made a motion to approve and Councilmember Scruggs seconded the motion. Councilmember Rich said the noise ordinance needs to be changed to allow work to begin early, especially in the heat of summer. Mayor Goodwin said this ordinance could be voted down if it was Council’s wish to change the noise ordinance instead. Councilmember Stuckey noted numerous comments were made when the noise ordinance was being changed and she did not receive any complaints from contractors regarding the start time. She said that residents would like to see the start time be even later in the morning. The ordinance failed on a 2-5 vote, with Councilmembers Stuckey and Scruggs voting in the affirmative.
Council Comments
Councilmembers Hickman and Ellis were pleased with the success of the New Year’s Flip-Flop Drop and praised Public Safety for their work on it. Hickman also reminded all that the filing time for those Council seats open for the April election will be from Jan. 22 through Jan. 29. Councilmember Stuckey encouraged everyone to read The Sandspur for upcoming events. Several other Council members joined with Mayor Goodwin in congratulating Utilities Manager Kyle Sullivan on passing his Class “C” Water Distribution System Operator exam and licensing. Councilmember Scruggs congratulated all the new franchise holders. And Council member Rich concluded with appreciation for all the work on the Comprehensive Plan and the Franchise ordinance that led up to this evening’s successful meeting.
The meeting was adjourned at 8:31pm.
