Tag: Arrigo Carotti

Davis Calls Carotti Email Fabricated

Sandy Davis, CEO of the Myrtle Beach Regional Economic Development Corporation and primary source for information contained in an email county attorney Arrigo Carotti sent to council members Wednesday night, an email I reported on yesterday, was quoted in a story on the MyHorryNews.com website yesterday as saying about the email, “A lot of it was fabricated.”

Davis also told reporter Charles Perry that the narrative about extortion is false and that a tape recording of a meeting she had with Johnny Gardner reflects that fact.

Davis’ “on the record” comments to Perry totally undercut what Carotti, apparently in association with county administrator Chris Eldridge, was trying to portray in his email.

It now appears that Carotti’s missive was not created so much to inform council members of any facts, but rather to be leaked to a sympathetic media outlet in Columbia for a sensationalized story that would get the words “Johnny Gardner”and “extortion” into public view on the same day Gardner was being sworn in as the new Horry County Council Chairman..

Carotti’s email was sent to council members late Wednesday afternoon. The story appeared Thursday morning including the complete email.

How did this happen if the intent was not to immediately leak the email, headed by the words “Attorney Client Privilege” to give it the appearance of legitimacy?

The audio recording of the Gardner meeting also brings interesting questions to this issue. Eldridge was aware of the recording in early December. An email from EDC board chairman Neyle Wilson to Eldridge dated December 7, 2018 suggested to Eldridge that he “listen to the tape recording first and then decide whether you need to go any further.”

A follow up email from Wilson to Eldridge on December 12, 2018 stated, “Good morning Chris. I have not heard back from you on the below offer to listen to the recording. Please let me know if you accept this offer and if so, give me some dates and times that you can come to the EDC office.”

Response to Carotti Email to Council Members

 I received many calls this morning about an article that appeared on the FitsNews.com website today. The article included a reproduction of a five-page email county attorney Arrigo Carotti sent to the 12 current members of county council and county administrator Chris Eldridge last night.

It did not take long for the email to be leaked to FitsNews last night, almost as if it was planned.

In response to the media article and the information Council Members received from Carotti, I sent an email containing the following message to council members, Carotti, Eldridge and Donald Smith:

Council Members,

I was surprised to be told this morning that an article today in FitsNews included reproduction of a five page email from Arrigo Carotti to Chris Eldridge and the current 12 members of county council in which my name was included in events that never happened.

Carotti said in his concluding sentence that the email was written to the best of his recollection.

Let’s expand on that, it included statements that could be interpreted as pointing to possible criminal acts. These statements were made, to the best of Carotti’s recollection, about a conversation he had with Sandy Davis about a conversation she supposedly had with Luke Barefoot, presumably to the best of her recollection.

This is hearsay at its worst!

Now let’s get to the crux of the matter.

In his email, Carotti says Davis told him that Barefoot told her, “that Paul Gable was getting ready to print an article against the EDC pointing out her lack of education specifically, and that she could head that off, and any similar blogs in the future,  by retaining Donald Smith to do the EDC’s public relations.”

The problem with that statement is I never talked to Luke Barefoot, or anyone else, about doing an article about Sandy Davis’ education. I never had in my mind at any time doing such an article. I have certainly written many articles criticizing the EDC and Partners before it about the organization’s many missteps in including businesses such as AvCraft and Project Blue, to name two, in its economic development efforts.

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.”

Another Twist in the Skydive Myrtle Beach Controversy

Another interesting twist has appeared related to the Skydive Myrtle Beach controversy with Horry County over the county’s closing of the Skydive Myrtle Beach business.

Nearly two years ago, the county used a Director’s Determination by the Federal Aviation Administration to close the landing zone for skydivers at Grand Strand Airport and evict Skydive Myrtle Beach from a hangar at that airport.

The Director’s Determination was based on 112 alleged safety violations committed by Skydive Myrtle Beach, which were documented and reported by Horry County Department of Airports personnel and/or Robinson Aviation personnel who are contracted by the county to staff the control tower at Grand Strand Airport.

In a recent post about the ongoing controversy, we quoted a letter by Horry County Attorney Arrigo Carotti that backed away from calling the documents proof of safety violations by SDMB.

Carotti’s letter, which was included with a response to a FOIA request for documents related to SDMB safety violations, stated, in part, the documents provided “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.”

Several days after the story was posted, the following was contained in an email to at least one county council member:

“On Aug 15, 2017, at 11:24 AM, Carotti, Arrigo wrote:

The misrepresentation of facts and the law has been ongoing on the part of Mr. Holly, misguided bloggers, and Holly surrogates for several years now, involving universally unsuccessful litigation by Holly, and pending litigation against the FAA, the State of South Carolina, Horry County, officials and employees. There have been no new admissions, the FAA’s and County’s sound positions in the matter remaining the same. 

Horry County Reverses Story on Skydive Myrtle Beach Alleged Violations

Nearly two years after evicting Skydive Myrtle Beach from Grand Strand Airport for, allegedly, committing numerous safety violations, Horry County now won’t claim the skydiving business committed any violations.

In a cover letter providing 126 documents responding to a Freedom of Information Act request for all public documents associated with Skydive Myrtle Beach safety violations, Horry County Attorney Arrigo Carotti stated in part, “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.” (See full letter below)

What is astounding about that statement is that two years ago the exact same documents were provided to both the Federal Aviation Administration and S.C. Fifteenth Circuit Court as proof of safety violations by Skydive Myrtle Beach.

In 2014, Skydive Myrtle Beach lodged a complaint with the Federal Aviation Administration against Horry County Department of Airports alleging discriminatory actions against Skydive Myrtle Beach by HCDA.

In response, Horry County Department of Airports reported to the Federal Aviation Administration that Skydive Myrtle Beach was the subject of 112 alleged safety violations (contained in the 126 pages of documents) while conducting business at Grand Strand Airport.

On October 7, 2015, the FAA issued a Director’s Determination Report, authored by Randall Fiertz, the FAA Director of Airport Compliance and Management Analysis, in response to Holly’s original complaint, supposedly basing the report on those safety violations.

Questions Surrounding the HCSWA Board Member Elections

Nothing is ever simple and straightforward when it involves the Horry County Solid Waste Authority (HCSWA) Board of Directors.

Last Tuesday, Horry County Council voted to appoint two members to the HCSWA board from among three nominated candidates. Two of the candidates, current board chairman Pam Creech and vice chairman Norfleet Jones, were incumbents. Candidate Sam Johnson was the outsider in the voting.

Creech was reelected by a majority of council members. However, Johnson and Jones tied in two successive votes with six each. After the first vote, Creech was named to remain on the board by council chairman Mark Lazarus who proceeded to hold a second ballot with just Jones and Johnson competing for one opening, against the advice of Horry County Attorney Arrigo Carotti.

Jones and Johnson tied with six votes each on both ballots.

Lazarus announced the second opening on the HCSWA board would be filled by council vote during council’s regular May 16, 2017 meeting. However, Lazarus stated nominations for the second position would remain open adding an additional question mark to the process.

The voting, however, only showed minor problems compared to what transpired before the vote.

On April 28, 2017, Esther Murphy, HCSWA’s Director of Recycling and Corporate Affairs sent an email to Horry County Council Clerk Pat Hartley with copies to all 12 members of county council as well as HCSWA Executive Director Danny Knight, Creech and Jones.

The email began, “Board member Norfleet Jones asked that we contact you regarding his term on the Solid Waste Authority Board, which ends on June 30, 2017. Mr. Jones indicated he would be completing his first term and would like to be reappointed to the Board for a second term…”

Myrtle Beach International Airport

Horry County General Aviation Minimum Standards Questions

An ordinance amending minimum standards at Horry County’s general aviation airports has been flying below the radar.

The ordinance is scheduled for second reading and public review at the January 6, 2015 regular meeting of Horry County Council.

It is interesting that this amended version to the county’s minimum standards for general aviation airports comes just six months after any type of standards were first approved by council.

Horry County Adult Entertainment

Regulating Adult Entertainment Sometimes

The Horry County Council Ad Hoc Committee on Sexually Oriented Business Legislation voted unanimously Thursday to send the proposed two adult entertainment regulating ordinances back to full county council for second reading recommending approval as they are currently written.

The two ordinances address zoning regulations for adult entertainment establishments as well as conduct inside the establishments.

According to Scott Burkhold, the Tennessee attorney the county is consulting on the legislation, the ordinances will restrict the time, manner and place of adult entertainment. He said the ordinances do not ban adult entertainment, which is constitutionally protected, but do force businesses to comply with the new regulations.

It’s important to note that passage of these ordinances, which appears a virtual certainty, will not end strip clubs and bookstore/novelty adult entertainment businesses in Horry County. The six adult entertainment establishments located within city limits will not be affected by these ordinances. They are governed by the city laws within which they are located.

The 11 identified adult entertainment establishments (8 strip clubs and 3 bookstore/novelty shops) currently operating in the unincorporated areas of the county will be affected.

Horry County Council Needs Counsel

It has become increasingly apparent over the last several months that Horry County Council needs to contract an independent attorney to provide it with legal counsel and guidance exclusively.

The need was uniquely demonstrated during council’s Administration Committee meeting July 12th.

During that meeting, committee members discussed a resolution to be considered by full council at its regular meeting Tuesday July 16,
2013. The resolution states council does not intend to extend its current lease at Myrtle Beach International Airport with Huffman Helicopters.

Bike Rally Issue Still Undecided

An eleventh hour discovery that the ordinance amending the vendor and special events permits needed to go to the Planning Commission for a recommendation prior to final consideration from council keeps an issue potentially affecting the May bike rallies undecided.

Third reading of the ordinance was scheduled for county council last night. If the ordinance had been approved in its present form, vendor permits would be allowed for seven days at reduced fees from prior years. Both would be positive results for the bike rallies.

Instead, council chairman Tom Rice announced county attorney Arrigo Carotti had contacted him earlier in the day stating the ordinance must be reviewed and a recommendation received from the Planning Commission prior to final consideration from council.