Search Results for "Horry County Council"

I-73 Votes Ignore Immediate Local Needs

The I-73 participation agreement Horry County signed with SCDOT in December, at the urging of administrator Chris Eldridge and former council chairman Mark Lazarus, ignores local road needs, highlighted by recent flooding issues, for a new road that is years and over one billion unidentified and uncommitted dollars from completion.

When county council adopted Resolution 82-18 in July 2018, it specifically dedicated up to $25 million toward the I-73 project only. With this resolution in place, the county may not use any of this money toward repair or improvements to U.S. 501, S.C 9 or other roads in the county as flooding events since Hurricane Floyd in 1999 have shown to be needed. These funds can be used to improve S.C. 22 as that is part of the I-73 project.

There has been a general rush to dedicate funds for I-73 since right after the June 2018 primaries. Council held a special meeting on July 24, 2018 where Resolution 82-18 was passed which dedicated up to $25 million per year of 1.5% Hospitality Fee revenue to the I-73 project.

Staff immediately began conversations with SCDOT to develop and present the I-73 participation agreement. During the November 28, 2018 fall budget workshop, council approved allowing the administrator to execute the participation agreement with SCDOT. The agreement was executed by administrator Eldridge for the county and Christy Hall, the state Transportation Secretary on December 13, 2018.

At the July 2018 special meeting council also passed Resolution 84-18 directing staff to develop a plan to use $18 million of the 1.5% Hospitality Fee revenue on public safety and other roads. In addition, the resolution directed staff to draft an amendment to Section 19-6(h) of the Horry County Code of Ordinances, which currently requires all of the 1.5% revenue to be deposited in a Special Road Fund. The amendment would allow the $18 million to be used on other state approved tourism related expenses such as public safety, recreation, storm water and other infrastructure improvements.

To date no amendment has been presented to council. The amendment would require a three reading ordinance to become law. In addition, no plan for use of the $18 million has been presented.

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The Dirty Tricks Campaign Against Johnny Gardner

We live in a political climate where dirty tricks are used to create rumors to smear those seen as enemies by the rumormongers.

These rumors, lies are what they really are, come in all shapes and sizes, but they have the same thing in common – to discredit the person they are aimed against.

How well they work depends on the gullibility of the audience they are targeted to influence.

Some of the more ridiculous rumors about public figures we have heard include:

Justice Brett Kavanaugh as a young man attended parties where women were routinely gang raped. That one pushed the envelope too far to be believed.

In late 2015 when Donald Trump had established himself as a serious contender for the Republican nomination, a fake story said he told a magazine in 1998 if he ever ran for president it would be as a Republican because “they’re the dumbest group of voters in the country” and that “he could lie and they’d still eat it up.” Rather than hurt him with Republican voters, Trump went on to win the nomination and election.

In the 2000 primary season, John McCain was accused of fathering an illegitimate black child, which was actually a child from Bangladesh that McCain and his wife adopted. This one stuck a bit with South Carolina voters as George Bush came from behind to win the South Carolina primary and go on to be elected president.

Rumors were circulated about Nikki Haley having multiple affairs during the 2010 primary season, which the voters disregarded. In fact, the rumors were so poorly presented that Haley vaulted from fourth place to win the Republican nomination and go on to twice being elected South Carolina Governor.

More recently, Horry County citizens have been presented with a rumor about county council chairman Johnny Gardner. Interestingly, the Columbia website that played a prominent part in publishing a leaked memo about the fictitious plot from county attorney Arrigo Carotti, written in conjunction with administrator Chris Eldridge, was the same website that played a prominent part in the Haley rumors.

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Was There Malfeasance in Sending the Carotti Memo to SLED?

Much of the county, especially the citizens who voted for Johnny Gardner, are eagerly awaiting a report from SLED exonerating Gardner from the allegations made against him by Horry County Administrator Chris Eldridge and Horry County Attorney Arrigo Carotti.

The SLED investigation into the allegations was called for by Eldridge after Carotti authored a five-page email memo outlining these supposed allegations based solely on hearsay and rumor.

If I had written a story about the chairman, the same story related in the Carotti memo, with the same lack of solid documentation and using only the same rumor, hearsay and gossip used in the memo as my sources, I could justifiably be sued for libel, defamation and reckless disregard for the truth.

And with the rapidity that the memo was leaked and appeared in print, I’m not sure that is not exactly what was done with the reporting to SLED as cover to try and build a whistleblower defense.

But allegations based on rumor and hearsay are specifically excluded from the whistleblower defense. Therefore, it looks like Carotti and Eldridge are far out on a limb while sawing it off behind them.

One definition of malfeasance is the performance by a public official of an act that is legally unjustified. I submit making allegations of wrongdoing with nothing more than rumor, hearsay and gossip to back them up, reporting those allegations to SLED and having them leaked to the media are legally unjustified acts. Therefore, it is not a stretch to say that both Eldridge and Carotti may have committed malfeasance by acts so irresponsible they should be fired.

It is a felony in South Carolina to make a false report to law enforcement officials.

I would further submit that any council member who told Eldridge to send the matter to SLED, as Eldridge claimed in a letter to council, and any council member who tries to shield Eldridge and Carotti from discipline by attempting to justify their acts may also be committing malfeasance because there is nothing legally justified about sending a memo to SLED based entirely on rumor, hearsay and gossip.

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Blowing the Wrong Whistle

As the county awaits the report of the SLED investigation into alleged wrongdoing by county Chairman Johnny Gardner, initiated by County Administrator Chris Eldridge and County Attorney Arrigo Carotti, it appears those two are attempting to couch a defense for their actions in the pose of whistleblowers.

This has been obvious since the January 4, 2019 special meeting of council when both appeared at the meeting with personal attorneys.

The Eldridge letter presented to council members after the special meeting specifically speaks of him being a “target of retaliation” if he is either fired or suspended by council – a classic whistleblower defense.

There is one major fault with this defense. Whistleblowing protections are not extended to those who report potential wrongdoing based on unsubstantiated hearsay and rumors.

According to documents written by Carotti and Eldridge, unsubstantiated hearsay and rumors are all they had to justify the imaginary plot they had developed in their minds.

In its simplest form, that plot goes this way – Gardner campaign manager Luke Barefoot and Gardner, by extension because he accompanied Barefoot to one meeting held on November 30, 2018, with two Myrtle Beach Regional Economic Development Corporation (EDC) officials, attempted to have the EDC pay Gardner campaign consultant Donald Smith so that a rumored negative story about the EDC would not appear in Grand Strand Daily. (Total Rumor)

On or about December 5, 2018, Carotti and Eldridge learned that a tape recording of that meeting existed and, apparently, believed it contained a “smoking gun.”

On December 12, 2018, Eldridge wrote an email to Neyle Wilson, Chairman of the Board of the EDC, sharing “conversation points” (hearsay) EDC CEO Sandy Davis allegedly told to Carotti about that meeting. In the email, Eldridge complained that the EDC had “an unwillingness to share the taped recording” even though the email is part of an email string in which Wilson twice (December 7 and December 12) offered to allow Eldridge to listen to the recording.

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Searching for A False Narrative

False narratives appear to have become the standard emanating from some county government officials pursuing personal agendas over the past few years.

The latest is the five-page narrative crafted by county attorney Arrigo Carotti, with some input from county administrator Chris Eldridge, which attempted to place new council chairman Johnny Gardner involved in a nefarious plot that never happened.

Local editorial cartoonist Ed Wilson captured the essence of what went on between Eldridge and Carotti perfectly in the editorial cartoon accompanying this article. Once again, Wilson has demonstrated that a picture is worth 1,000 words.

The two examined snippets of conversations either or both had been party to with Myrtle Beach Regional Economic Development Corporation CEO Sandy Davis to attempt to find incriminating evidence against Gardner. As Wilson depicts, the search was quite literally to make a mountain out of a molehill.

Eldridge used this bit of creative writing on the part of Carotti as an excuse to call in SLED to investigate. The narrative was also conveniently leaked to a Columbia media outlet to sensationalize the narrative.

This is not the first time a false narrative has been used as a county tactic to attempt to create a certain image in media.

One only has to read the county’s response and counterclaims, as amended, in the Angie Jones lawsuit against Eldridge and the county to view another example.

As I quoted from the amended response and counterclaims in the Jones lawsuit, the county said, “If Jones has any alleged “issues” with regard to staffing and competently and efficiently performing her duties as the Horry County Treasurer, such issues are solely as a result of her mismanagement of her offices and her own decisions, including her decisions to drive out and remove and replace competent long-term employees with friends and political supporters lacking in relevant experience.”

The bit about doing favors for friends and political supporters is strikingly similar to allegations against Gardner.

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What is the Purpose of the Leaked Carotti Email?

A leaked five page email headed “Attorney Client Privileged” provided the big story in Horry County and state media in the last few days, but questions about the accuracy of the email contents raise questions about why it was produced.

The email from county attorney Arrigo Carotti to incumbent council members and county administrator Chris Eldridge supposedly was a confidential missive to inform council members about possible improper “threats” that allegedly occurred during a meeting between recently sworn in council chairman Johnny Gardner and Luke Barefoot with EDC President/CEO Sandy Davis and her number two Sherri Steele.

But the email goes further by speaking of various conversations, either by phone or in person, which occurred over a two week period. The only record of these conversations is Carotti’s memory. He states in his five page tale the conversations began on December 5th. But Carotti only began writing his email from memory of those conversations (to the best of his recollection) on December 14th.

It is this email that attempts to make a recording of the Gardner/Davis meeting sound potentially sinister.

This is the same email of which Davis told media after it was leaked, “A lot of it is fabricated.”

With the email playing such a large part in the story, I asked a prominent (and in my opinion brilliant) local attorney to provide me with his analysis of the five page missive.

The following quotes are from that analysis:

 “A question that jumps out at me is – he (Carotti) starts keeping a Watergate-styled narrative on his computer on Dec 14, as a result of events that started December 5, because “memory fades over time.” We’re talking about nine days!  What kind of nonsense is that?”

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Is Further Expansion of SWA Landfill Needed?

The Horry County Solid Waste Authority’s latest plan to extend operations at the Hwy 90 landfill until approximately 2050 appears to have sprung out of nowhere in recent months for no apparent reason.

At a recent board meeting, SWA Executive Director Danny Knight told board members the latest expansion plan was moving forward because it was the authority’s responsibility to maximize the use of available land at the Hwy 90 site for waste disposal.

Actually, that statement runs counter to the ordinance that established the SWA in December 1990. Ordinance 60-90 states there is a need to develop an acceptable alternative for solid waste disposal and to reduce the amount of tonnage disposed in sanitary landfills in Horry County. It further states the high water table and other geologic characteristics in Horry County “make utilization and expansion of the existing landfill and development of new landfills especially expensive and difficult.”

Through the years since the authority’s opening in 1992, that section of the ordinance has been forgotten or ignored by a succession of SWA staff and board members.

The timeline set by the SWA for what is being called “Piggyback Expansion Phase III” hopes for a permit for the expansion to be issued by SCDHEC in June 2019 even though Piggyback Phase II is only now under construction and Phase III will not be needed until 2040 at projected disposal rates.

Why the rush? Shouldn’t the SWA staff and board members be seeking alternative means of disposal of the county’s solid waste?

The answer to the first question is not available to the public and not known by county council members, only a few of whom have recently become aware of these expansion plans.

The answer to the second question is “Yes” only if the SWA board and staff believe it is their responsibility to obey the law that established the authority in the first place. To date that has not been the case.

And what of the cost? It was only 18 months ago that the SWA projected a $33 million shortfall in needed funds by 2024 unless it received a nearly 50% increase in tipping fees. County council approved an immediate $7 per ton increase with additional $1 per year increases as the SWA needs them.

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Political Change Does Not Extend to Columbia

Governor Henry McMaster and Attorney General Alan Wilson rolled to big victories in Republican Primary runoff elections yesterday meaning there will be no changes to the political power structure in Columbia.

Most of the incumbents in the General Assembly will be returning because they faced no opposition in the primaries or the upcoming November general election.

When voters continue to send the same people back to Columbia election after election, they can’t expect changes in the way state government operates. It is simple to suppose that special interests and lobbyists will continue to control the legislative agenda in Columbia at the expense of the average citizen.

Horry County will continue to be a large donor county to the rest of the state because our legislative delegation is so weak. Roads that should be paid for with state and federal funds will continue to be funded by local option sales taxes. The real estate and development lobby will continue to oppose impact fees satisfied that current citizens will continue to pay for infrastructure costs associated with new development.

One interesting sidebar to yesterday’s runoffs locally was the City of Myrtle Beach removed candidate signs from the areas near polling precincts in the city early in the day. According to several sources who spoke with the workers removing the signs, “the word came from City Hall.”

Whether this was an attempt at voter suppression or just another example of the arrogance that continues to emanate from city officials, it does seem to show complete disregard for the election process.

However, the citizens in Horry County will see some changes at the county level with the election of a new chairman for county government.

No longer will over 20 minute response times to 911 calls be acceptable to council while large pots of tax dollars are accumulated to build Interstate 73 through Marion and Dillon counties to connect to Interstate 95.

No longer will the needs of county departments be ignored because of personal animosities in Conway.

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North Myrtle Beach Tourism Development Fee Crushed in Vote

The possibility of a Tourism Development Fee in North Myrtle Beach suffered a crushing defeat Tuesday at the polls.

The unofficial tally was 188 Yes votes for the TDF against 3,050 No votes. The results will be certified by the North Myrtle Beach Election Commission Thursday.

Defeat of the TDF is not surprising. What is surprising is the turnout. In the days before the election, I spoke with several seasoned political professionals from Horry County to get their predictions for turnout. They all agreed the number of voters that would go to the polls would range from 750-1,000.

Those predictions were based on past turnout for special elections in Horry County and tempered by the fact that candidates were not on the ballot, just a single referendum question.

To put the numbers more in perspective, a special election in March on a referendum question only drew a total of 3,238 votes. The vote for mayor in the November 2017 city general election saw 3,670 total votes with Mayor Marilyn Hatley winning with 2,765 votes out of 3,670 votes cast. In that same election, councilman Terry White ran unopposed and only gained 2,894 votes.

To call the number of votes cast on this referendum question astounding is to understate it. But, it may also prove to be the high-water mark of politics for the current city council.

The result is exactly what, I believe, North Myrtle Beach city council members wanted from the beginning, a resounding repudiation of the TDF in a referendum vote to take that issue out of the political discussion once and for all. Several council members were quite outspoken with op-eds and social media during the campaign about their opposition to the TDF.

In my opinion, a presentation about the TDF by Mike Mahaney at the Tidewater Homeowners Association on February 19, 2018, one that I personally attended, hinted at other, one could say even better, options for the city than the TDF. The entire North Myrtle Beach city council attended the meeting after the city issued a notice three days before that there was no city council meeting February 19th.

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Fourth Circuit to Hear Oral Arguments in Skydive Myrtle Beach Appeal

A complaint brought by Skydive Myrtle Beach against Horry County Department of Airports has been tentatively scheduled for oral arguments before the U.S. Fourth Circuit Court of Appeals in Richmond, VA May 8-10, 2018.

See extract of official electronic notification here:

A quick recap of the case:

In early 2014, shortly after Skydive Myrtle Beach (SDMB) reported to the FAA of discriminatory actions against it by the Horry County Department of Airports (HCDA), HCDA and other Horry County officials apparently decided they wanted to eliminate SDMB from operating in Horry County.

Tandem skydiving is a recognized and approved use of publicly supported airport facilities by the Federal Aviation Administration. It is illegal for an airport that accepts publicly funded grants, as HCDA does annually, to discriminate against one type of approved aviation activity, say helicopter operations, over another – tandem skydiving.

In 2014, HCDA began circulating stories about alleged safety violations committed by SDMB while it was operating out of Grand Strand Airport.

In October 2015, Horry County government ultimately evicted SDMB from Grand Strand Airport using a 73 page FAA Director’s Determination as justification. It is the findings in the FAA Director’s Determination that is on appeal before the Fourth Circuit.

Much of the Director’s Determination report was based on 112 safety violations allegedly committed by SDMB and quite unofficially and sloppily documented by HCDA and its tower operator at Grand Strand Airport, Robinson Aviation.

On at least three occasions since the Director’s Determination was published, the FAA has admitted in email correspondence regarding Freedom of Information Act requests that it has no documentation with respect to investigations, fines or other actions taken by HCDA on the alleged 112 violations.

Likewise, Horry County Attorney Arrigo Carotti wrote in an email response to FOIA requests seeking information on the 112 alleged violations that, “These records are provided in an abundance of caution, in that each may or may not demonstrate violation by Skydive Myrtle Beach of Horry County Department of Airports Minimum Standards, as that assessment has not been undertaken.”

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