… And other sundry City business

By Charlie McCarty | City Council Reporter

Folly Beach City Council met for their regular monthly meeting on Tuesday, Aug. 11. Its Work Session began promptly at 6 p.m.

First, Council considered a proposed property swap to exchange a lot on 9th Street West (owned by Jim Rocco) for a portion of 7th Street West used to access another parcel owned by Rocco. The purpose of this property swap is to obtain a parcel to construct a drainage project on 9th Street West. City Attorney Ben Peeples stated this is an issue that has been going on for three to four years and that the City has been trying to get an easement in a mostly marsh area to help ease a flooding issue in this area. Public Works Director Kevin Whitsett spoke to the drainage work that would be accommodated by this swap. Council directed Peeples to gather the necessary information on this project, including a detailed list of the financial responsibilities of all parties, so that Council could formally consider it in the regular September meeting.

Council then moved onto an update on the review of the Franchise Ordinance. Assistant to the Mayor Spencer Wetmore went over the several recommendations that had been developed by her and committee members (Councilmembers DJ Rich and Tom Scruggs). The Committee had engaged current and prospective franchise vendors in its deliberations. However, Council expressed some concerns about how to gain some broader public interest and input in this review.

A third item originally slated for review and discussion related to consideration of allowing Bed & Breakfast businesses as a special exception in Single Family Residential Zones.  There wasn’t sufficient time prior to regular meeting to accommodate this. But it was later discussed in the Regular Meeting, which began at 7 p.m.

All Council Members were present, as well as the following key City staff officials: Mary Cunningham, Clerk of Council; Spencer Wetmore, Assistant to the Mayor; Ben Peeples, City Attorney; Kevin Whitsett, Director of Public Works; Andrew Gilreath, Director of Public Safety and Eric Lutz, Building Official.

Mayor’s Comments
Mayor Tim Goodwin began the meeting by presenting a Good Neighbor Award to Robbie Alexander. Alexander was of material support to our Public Safety Department for recording the license plate number of a vehicle involved in a hit-and-run accident and reporting this promptly.

Staff Reports
Chief Gilreath reported that a substantial increase in traffic enforcement effort is underway in response to a corresponding increase in traffic complaints. He also referred to the ongoing investigation of a recent assault case, and encouraged everyone to step up and report such incidents and to give due evidence as good witnesses when coming upon such events.

Public Works Director Kevin Whitsett stepped forward to give his final update on utility and public works systems as he prepares to leave the Folly community. (Whitsett became the seventh key official to leave the City’s leadership team in the past five years. He had assumed leadership of the Public Works department three and a half years ago.). He spoke about his concerns with the City’s utilities infrastructure and went over a list of current and upcoming projects. In leaving, he wanted to insure Council did not forget the projects and tasks that are needed and even critical to the comfort and safety of all our citizens.

Assistant to the Mayor Spencer Wetmore indicated that the State Accommodations Tax (ATAX) distribution had been announced and the City of Folly Beach share had increased in two categories. Accommodations rose 10 percent and Hospitality rose 12 percent. Good news for the Folly ATAX Committee as it contemplates distribution within the City’s related activities.

Personal Appearances
Christy Dukes of 908 East Arctic Avenue came before Council to enthusiastically endorse changes to the City’s current ordinance prohibiting the keeping of domestic fowl in the City. She stressed the changes would allow no more than four hens (no roosters) for noncommercial egg production to be properly kept on those properties which could accommodate a dedicated area no larger than an eight foot by 25 foot area without stressing neighbors. This appearance was in support of proposed Ordinance 16-15 below.

Greg Elliott of 1002 East Ashley asked Council to permit him to change the current location of his surf lessons from 13th Street East to 10th Street East. A vote was taken with all in favor.

Daniel Shipman of 255 Little Oak Island Drive came before Council asking for a variance for an impervious driveway. His property is the last in the Little Oak Island neighborhood to pave a new driveway, he cited this and Home Owner Association (HOA) restrictions that require him to conform to surfaces required and established for all other driveways in the neighborhood. Councilmember Dale Stuckey remarked that variances may not be granted unless there are no other options. Mayor Goodwin followed indicating that the HOA has to conform to the laws of the City and that pervious concrete is an option. Mr. Shipman said he had been advised that previous concrete does not cure well in our climate.  Building Official Eric Lutz reported that other pervious concrete driveways in the City seem to be holding up well so far. Shipman stated that he has significant financial obligations at stake with regards to HOA compliance and that the available options do not meet the HOA criteria. His request was rejected on a 3-4 vote. Voting Aye:Councilmembers Sandi Hickman, Eddie Ellis and DJ Rich; Voting Nay: Councilmembers Tom Scruggs, Pennell Clamp, Dale Stuckey and Mayor Goodwin. Mayor Goodwin asked Lutz to set up a meeting with representatives from the HOA to see what can be worked out.

Roseann Whibley of 1202 East Cooper and William Ungerman of James Island, came before Council asking “that the residential single family zoning district be amended to allow for a bed and breakfast as a special exception” at lots 501 and 502 between East Huron and East Indian so they can set up a Bed & Breakfast. They are looking to build a four-bedroom facility and they would live in the property. They are in the early steps of working with DHEC to see if it can work. She felt establishing an owner-occupied and managed B&B would offer a better option than that of renting out the house as a vacation rental.

City Attorney Ben Peeples came down from his Council area seat to the rostrum to discuss his “conversation” with the S.C. Ethics Commission. (See story page 5.)

Councilmember Rich, representing the Folly Association of Businesses (FAB), appeared to discuss and request approval for Labor Day Fireworks. Due to the rain-out of fireworks on July 4th, FAB would like to host a fireworks display on September 5 (with a rain date of Sept. 6). He said the FAB has given Public Safety $1,500 for the additional costs involved with such an event. Mayor Goodwin and Chief Gilreath agreed that the weekend of September 5 would be a good weekend for the event and there will already be extra staff on duty. A vote was taken with all in favor, but for Councilmember Rich who recused himself from voting on this matter.

Citizens Comments
Folly resident Anton DuMars spoke in favor of the suggested change to allow for chickens to be kept within the City limits.

Roger Van Dyke asked if the consideration for domestic fowl included ducks and would the ordinance allow for the slaughter of the animals. He also inquired about why showers and port-a-potties cannot be at the beach access areas, and Mayor Goodwin reported that the last time he had port-a-potties delivered to beach access areas for a busy weekend, there was an uproar from the community against doing it.

Committee Reports
Councilmember Rich gave an update on the Center Street Task Force. He indicated the engineering phase of the Center Street beautification project is now complete and will soon be sent to the S.C. Department of Transportation, and that raised crosswalks will be part of this  submission as these are safe and less costly. He also mentioned the option of having a Battery-to-Bike beach route, terminating at West Indian Avenue. He said that about 150 bricks were sold to date, and most of these purchases are from former residents and visitors. A direct effort to sell bricks to current residents is now underway. The estimated costs of the regalement are $320,000 without the crosswalks and could be completed by March 1, 2016.   

Regarding the Folly Recreational Water Access Project, Councilmember Scruggs, representing the Parks and Recreation Committee, spoke to the Council regarding the land created by the removal of the old bridge (which is in the State right-of-way), and the possibility to create a designated launch area for the exclusive use for paddlecrafts. He had conceptual drawings of the project, proposing that all the funding for the project would come through Charleston County Parks and Recreation grants, including the maintenance of the facilities upon completion. He said he has received support from several local organizations and the business community, and asked for support from City Council in the form of Resolution R40-15. Mayor Goodwin stated the City’s resolution has been shared with surrounding governments to gather support. Councilmember Scruggs recognized Julie Henley for her efforts on this project, and indicated she will be stepping down when this is completed.

Unfinished Business
Ordinance No. 10-15 amending Construction Standards for Bulkheads, Sea Walls and Revetments to prohibit seawalls beyond the baseline was passed unanimously in second reading and was adopted.

Ordinance No. 15-15 amending Chapter 111.04, Section D, to allow possession and consumption of alcohol at certain events held at the Community Center was also passed unanimously in second reading and was adopted.

New Business
Resolution No. R39-15 awarding the bid for public works uniform services was approved after Whitsett reported Uni-First promised to provide better customer service and was based on favorable references received. The vote was taken with all in favor except for Councilmember Rich who voted no on the measure.

Resolution No. R40-15, the Folly Road Water Access project discussed earlier was approved unanimously.

Resolution No. R41-15 authorizing Administration to transfer $8,000 from the Fire Vehicle Reserve to the Public Safety, Fire Capital Outlay Account for the purchase of two used All Terrain Vehicles for Beach Patrol was explained by Chief Gilreath as needed to effectively patrol the beach, beyond the capacity for foot patrols. He reported other beach communities replace their ATVs every two years. He noted that warranties are no better on new vehicles than they are on used ones. A vote was taken with all in favor.

Ordinance No. 16-15, introduced in first reading by Councilmember Rich, proposed to amend Chapter 95, Animals, Section 95.02, to allow keeping domestic chickens. In the ensuing discussion, Rich said he had been approached by many residents about housing chickens on Folly Beach. He also noted another change to the ordinance would no longer allow for the chaining of any animals in yards. Councilmember Clamp spoke vehemently against allowing chickens to be kept as pets. Councilmember Stuckey spoke with concern about the smaller lot sizes on Folly Beach not being large enough for properly housing chickens. A vote was taken as follows: Ayes: Rich, Hickman, Ellis; Nays: Stuckey, Clamp, Scruggs, Goodwin. Ordinance No. 16-15 did not pass First Reading.

Council then moved into Executive Session to discuss a proposed contract with Southern Strategy Group for beach preservation, Public Works’ personnel realignment during a six-month trial period, and a potential contract with Southern Atlantic Solar. Members left Council Chambers at approximately 8:45 p.m. and returned at approximately 9:08 p.m. Mayor Goodwin reported that no decisions had been made and no votes were taken.

Finally, in Council Comments, Council members thanked Mr. Whitsett for his years of service to the City and wished him well. Councilmember Hickman encouraged those not pleased with the vote on the domestic fowl ordinance to initiate a petition and write their concerns to those who voted against it. Councilmember Scruggs noted he and his wife would be celebrating their 44th wedding anniversary on Friday. Council adjourned at 9:10 p.m.

Pin It on Pinterest