Full council meeting in near-record time
By Charlie McCarty | City Council Reporter
Folly Beach City Council met for its regular monthly meeting on Tuesday, September 8. The Work Session convened at 6 p.m. and two matters were discussed.
Larry Finney of Greene, Finney and Horton, CPAs presented to Council the results of the FY 14/15 Financial Audit. He said the City received an “unmodified opinion” which is the best opinion possible for the City. Overall, the city is in “good financial condition as of June” and has increased the General Fund balance and the Beach Preservation Fund balance over the last fiscal year, showing signs of recovery from the heavy expenses accrued to the recent renourishment.
The City is almost “right on budget.” While there was no single audit required for FY15, “No findings, deficiencies or material weaknesses were noted.” In the auditors’ closing “Letter to Management and those charged with Governance,” they focused on just two areas of concern. First, suggesting strong program direction was needed looking ahead five to seven years at the Capital Improvement Plan for Utilities. They also encouraged adoption of measures to insure necessary “segregation of duties” between those exercising “paymaster duties” from those “adjusting pay rates.” (Note: the PowerPoint presentation and FY14-15 Financial Statement in full is available at the City website: www.cityoffollybeach.com.
Clerk of Court Nicole DeNeane explained to Council the rationale for the proposed changes to Chapter 72 of the Ordinances regarding parking bonds and fines, and consolidating the fine schedule from 17 to five basic categories and specifying collection penalties to be assessed for late payments. Hopefully, these will encourage compliance and aid in enforcement and collections. (Note — caution to residents and visitors: pay particular heed to respecting a 15-foot distance from fire hydrants, avoid blocking crosswalks, and designated beach and mid-block beach accesses. Do not abuse or misuse marked handicapped parking areas.)
Council’s regular meeting began promptly at 7 p.m., all Council Members were in attendance, except Council Member Eddie Ellis who was absent throughout the evening. In addition, the following key staff members were present: Mary Cunningham, Clerk of Council; Spencer Wetmore, Assistant to the Mayor; Ben Peeples, City Attorney; Lee Gessner, Director of Finance; Aaron Pope, Zoning Administrator; and Eric Lutz, Interim Director of Building/Facilities/Public Works.
Mayor’s Comments
Mayor Tim Goodwin congratulated Richard Weatherford and The Sand Dollar on celebrating 40 continuous years in business in the City.
Staff Reports
Zoning Administrator Aaron Pope reported on both the Folly Road Corridor project and the City’s efforts to update its Comprehensive Plan. He indicated that the consulting team on the Folly Road Corridor project has been working since March and has held three public meetings and conducted other public outreach efforts in attempts to involve the public in the process. He noted that 28 Folly Beach residents are active in the process. The final plan will be sent to the Planning Commission for public meetings in the near future, and he encouraged public participation. He shared the Planning Commission’s work on the Comprehensive Plan, noting that public participation has been low and a draft should be ready to present to Council in November.
Director of Finance Lee Gessner introduced Larry Finney, who gave a short overview of the FY14/15 Financial Audit (as detailed in the preceding Work Session). Gessner also reported the S.C. Department of Revenue had contacted the City after an audit of the City’s sales and use tax payments. The DOR had reviewed three previous years of financial records and found the City in arrears for approximately $7,000 in unpaid taxes. He indicated the City will now be filing and remitting payments on a quarterly basis.
Assistant to the Mayor, Spencer Wetmore introduced Dr. Nicole Elko, the City’s contract consultant, who gave an update on Beach conditions since renourishment, featuring a PowerPoint presentation focusing on the first year’s annual beach monitoring report completed in June. This is available on the City website (www.cityoffollybeach.com). She described the process for continuing monitoring and evaluation in detail. While acknowledging that approximately one-half of the sand pumped onto the beach is gone after just one year, she noted that the erosion is not as rapid as it was following previous renourishments and the beach remains “very healthy” with rocks removed and dune rebuilding along the sand fencing. Spencer Wetmore reminded all that the City has been also “rebuilding” well in the Beach Preservation Fund arena, and is already working with the Army Corps of Engineers to identify and permit the next site for sand “mining.”
Approval of the Agenda
Mayor Goodwin indicated that Kurt Cavanaugh, Executive Director of Charleston Moves, would not be appearing before Council. (Kavanaugh was originally scheduled to discuss the impact of new Center Street layout plans with those recommendations made by his organization as part of the multi-city “Battery2Beach” bicycle route proposal.) Goodwin also asked that Resolution R45-15 (proposing a beach renovation consulting and State lobbying contract award to the Southern Strategy Group) and Ordinance 17-15 (proposing ordinance amendments to Chapter 151 dealing with commercial franchise agreements on the Public Beach) be removed from the evening’s agenda. The changes were approved unanimously.
The minutes of the August 11 meeting were discussed. Councilmember DJ Rich requested the draft be changed to accurately indicate that he had voted to approve the Labor Day Fireworks display. With that amendment, the Minutes were approved unanimously.
Personal Appearances
Attorney Rick Stringer made a repeat appearance before Council on behalf of Starr Acheson and the Folly Jazz Festival scheduled for November. Stringer was seeking clarification on the Council’s action in this matter after its July meeting. Mayor Goodwin stated Council had directed staff to seek a funding source other than Council discretionary funds at that meeting, and had since found no other budgetary sources were available. Councilmember Pennell Clamp made a motion to grant the Festival $2,500 from the Council’s own discretionary funds for this year’s Jazz Festival. Councilmember Dale Stuckey seconded that motion, and a vote was taken with all in favor except Councilmember Rich who dissented.
Stuart Berberich, Assistant Location Manager of Danger Boy Productions of North Charleston appeared requesting permission to do location shooting for an upcoming episode of HBO’s “Vice Principals” comedy series (starring Danny McBride) in Folly Beach at the end of September through the first week of October. Berberich indicated he has been working with Chief Gilreath to accomplish the filming with as little disruption of daily activities as possible. In the ensuing discussion, Councilmember Rich wanted assurances that all finances of the filming were the responsibility of the film producers. Assistant to the Mayor Spencer Wetmore clarified that Berberich’s request of Council regarding beachfront access was a contingency to be exercised only if their request to shoot at the Folly Beach County Park is not granted by the Charleston County Parks and Recreation Commision. Berberich requested to use All Terrain Vehicles (only) to transport heavy camera equipment onto the beach. Councilmember Sandi Hickman had reservations about the work proposed to be done on Sunday, and asked that it be avoided if possible. Councilmember Rich pointed out that staff should insure that the Company will abide by all beach and City regulations during the filming. Those conditions assured, Council approved the request unanimously.
Michael Bradley, representing the South Atlantic Life Saving Association, appeared to report that the Association wished to host its 2016 South Atlantic Life Saving Championship competition at the Beach on July 13 and 14, 2016. Mayor Goodwin directed him to work with Mary Cunningham and the Event Committee to set up the details and reminded him anything set up on the beach during the day for the competition would need be removed each night. Bradley indicated he anticipated no disruption of water access for the Public, and that only anchored buoy lines would have to remain in place during the competition.
Roger VanDyke of West Ashley Avenue stated he believed Council voted on the amendment to the domestic fowl ordinance that would allow controlled and limited egg-producing chickens last month without fully researching current information. He spoke specifically to the concerns raised by Councilmembers about odor, noise and possibility of disease transmission by chickens. Councilmember Clamp asked VanDyke about his personal experience with chickens and the noise disturbances they could make, and Mayor Goodwin suggested Mr. VanDyke recheck his data on chicken diseases.
Jeanette Walker and Roy Stenstrom, officers of the Folly Beach Volleyball Club, came before Council requesting permission to conduct a volleyball tournament on the courts at beachfront near the pier on two Saturdays: Sept. 12 and Oct. 17 from 8:30 a.m. to 7 p.m. Council approved the request unanimously.
Commission, Board and Committee Reports
Councilmember Hickman, representing the Council’s ad hoc Festival Committee, shared with Council data collected to date on events on Folly Beach. She said several meetings had been held that provided input on the data, which will be discussed in greater scope and detail in the October Council Workshop. Councilmember Rich responded to a question about the use of ID bands in the future, and said there would be some limited scale use of these in the October Follypalooza event.
New Business
Council first addressed filling two vacancies on the Board of Zoning Appeals. There were two eligible candidates that applied: Rosanne Runyeon Whibley of East Cooper Avenue and Roger VanDyke of West Ashley Avenue. Councilmember Rich made a motion to approve both applicants to the BZA and Councilmember Hickman seconded the motion. All voted in favor except Councilmember Clamp who dissented. Whibley and VanDyke were appointed to the Board.
Council then addressed filling one vacancy on the Tourism and Visitors Promotion Committee. There was one eligible candidate that applied for the vacancy: Sunnee M. Clark. Councilmember Scruggs made a motion to approve the applicant’s appointment. Councilmember Hickman seconded the motion. Clark was appointed to the Committee.
Resolution No. R42-15, awarding a contract up to $750 per month, to be paid from the contracts account in the water fund, to B & C Utilities Inc. to provide backup on-call services for utility infrastructure emergencies was approved unanimously by Council.
In Resolution No. R43-15, Council considered awarding a month-to-month contract in the amount of $200 per week to be paid from the water fund’s contracts account to Becky Dennis to operate the city’s water distribution system pursuant to the South Carolina Department of Heath and Environmental Control requirement that the City’s water distribution system must be operated by a Level C license holder. (Note: With the resignation of Kevin Whitsett, former Director of Public Works and Utilities, the City no longer employs a Level C-qualified license holder. Dennis is currently a member of the City’s Utility Advisory Board, as General Manager of Kiawah Utilities, holds this credential.) Councilmember Rich made a motion to approve and Councilmember Scruggs seconded the motion. Mayor Goodwin indicated the City will be using Dennis’s license until its Interim Director of Utilities, Kyle Sullivan, successfully completes Level C certification. Councilmember Clamp asked about the costs of workers’ compensation, and Spencer Wetmore indicated the City would pay that expense. The Council unanimously approved the resolution.
Resolution No. R44-15, expressing support of and directing the administration to pursue a Coastal Access Grant for the funding of the following: an extension of the ADA ramp leading from the Third Street West bathroom facility, retrofitting the existing walkover at Fifth Street West to be ADA compliant, and a new beach access walkover in the mid block right of way at Third Street East, was approved unanimously.
Resolution No. R46-15, supporting the aim of improving area drainage by the City abandoning a section of 7th Street West and exchanging that property for a parcel owned by 9th Street Partners, LLC, (TMS 325-16-00-052) which was discussed in the August meeting, was approved unanimously.
Resolution No. R47-15 proposed rescinding Council’s prior July Resolution 32-15 adopting the local comprehensive beach management plan, and delaying adoption of the plan to allow incorporation of subsequent ordinance changes while also allowing further opportunity for Public Comment. Mayor Goodwin noted this was being done to correct a procedural issue and indicated the beach management plan would be on next month’s agenda. Council approved R47-15 unanimously. (Note: The city has posted a Public Notice that the plan remains open for Public Comment and the plan can be viewed/downloaded at the City’s website in advance of the City Council meeting in October.)
Resolution No. R48-15, awarding a contract for $3,800 to Stantec, to be paid from the Center Street Reserve Fund for DOT-required engineering pedestrian crosswalk designs and plans, was approved unanimously.
Ordinance No. 18-15 proposed to amend three sections of Chapter 72, Parking Regulations, of the Ordinances by adding beach accesses and mid-block rights of way to existing prohibitions by changing the fine and late penalties for certain offenses, and by adding specific restrictions bearing on Designated Handicapped Parking Spaces. This was discussed in detail at the Work Session by the Clerk of Court, Nicole DeNeane, and was introduced by Mayor Goodwin for First Reading. Council unanimously passed the First Reading.
Ordinance No. 19-15 proposed amending Chapter 164, Use Standards, of the Ordinances by amending Section 164.01-01, Table of Allowed Uses, to list bed and breakfasts as a special exception in the residential single family district and was introduced by Mayor Goodwin (First Reading) subsequent to discussion in the August meeting. Councilmember Dale Stuckey made a motion to remand the Ordinance to the Planning Commission for a public hearing and Council Member Rich seconded the motion, and the Council unanimously remanded it to the Planning Commission.
Council Comments
Councilmember Rich reported that Flo O’Donnell (his grandmother) recently underwent knee surgery successfully, and is expected home later this week. Councilmember Scruggs indicated that Sandspur editor Susan Breslin was also convalescing after incurring multiple arm fractures. Councilmember Hickman said feedback on the Labor Day fireworks indicated the program was very well done, and thinking ahead, she also encouraged everyone to buy a Center Street brick for a Christmas gift. The Meeting adjourned before 8:30 p.m.
