Tag: Mark Lazarus

Time to End the County’s Hospitality Fee Lunacy

Events occurring over the last week served to magnify the need for the county and the cities to get past the lunacy that has developed over the county’s efforts to continue collecting a countywide Hospitality Fee that is in all likelihood now illegal.

Myrtle Beach initially filed a lawsuit against the county “for itself and “similarly situated plaintiffs” on March 21, 2019 stating its claims against the county’s continued collection of the hospitality fee and requesting a temporary restraining order on the county’s continued collection of the fee while the case was being litigated.

After District Court Judge Seals issued a temporary restraining order on the county’s continued collection of a 1.5% hospitality fee within the City of Myrtle Beach and “similarly situated plaintiffs”, on June 21, 2019, the cities expected the county to stop collecting the fee within their jurisdictions.

Last Tuesday, the county dashed those expectations by sending out an email announcing it would only stop collecting the fee within Myrtle Beach and would continue to collect it in the other cities in the county as well as the unincorporated areas.

This led to outrage from North Myrtle Beach officials who called the county’s continued collection of the fee within their city “illegal.” In addition, Myrtle Beach filed a new motion requesting the county be required to show cause that it was not in contempt of the judge’s order.

With the angry rhetoric flying, a special meeting of county council was called for June 29, 2019 at which council was expected to vote on a recommendation to suspend collection of the fee within the cities until the lawsuit was settled.

Instead, council convened, immediately went into executive session where, according to sources with knowledge of the discussion, county attorney Arrigo Carotti and attorney Henrietta Golding, representing the county in the case, urged council to “stay the course” and continue collecting the fee in the other cities until ordered not to by the Court. In addition, the attorneys reportedly told council the judge had used the wrong standard of review in making his ruling. Golding filed a request for reconsideration of the ruling and was prepared to take the issue to the S. C. Supreme Court where, she told council, she expected the restraining order would be overturned.

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Horry County Bungled Hospitality Fee Issue

Horry County officials look like the gang that couldn’t shoot straight with respect to a Hospitality Fee issue that county government has bungled for at least the past three years.

In a MyHorryNews.com story yesterday, council member Johnny Vaught tried to pass off the latest brouhaha over the continued collection by the county of a 1.5% hospitality fee in every city except Myrtle Beach as a “mistake” because of a misinterpretation of a June 21, 2019 judge’s temporary restraining order.

The order, signed by Judge Seals, suspended collection of the hospitality fee by Horry County in the “City of Myrtle Beach for Itself and a Class of Similarly Situated Plaintiffs,” as the lawsuit is titled.

Additionally, the order denied a request by Horry County that a temporary restraining order be placed against the cities with respect to collection of new accommodations and hospitality taxes the cities respectively passed and are scheduled to go into effect July 1, 2019.

One of the county’s arguments in requesting a TRO against the new city taxes was that they would illegally exceed local hospitality and accommodations tax limits mandated by state law when taken in conjunction with the county hospitality fee.

The city hospitality and accommodations tax ordinances were passed in accordance with entirely separate sections of state law and have nothing to do with the uniform service charge hospitality fee in question, a point I’m not sure county officials entirely understand.

The new city hospitality tax is collected on prepared food and beverages only. The countywide uniform service charge hospitality fee is collected on accommodations, prepared food and beverages, admissions and rental car fees.

On June 25, 2019, the county sent an email to the cities stating it would continue to collect the 1.5% hospitality fee everywhere except within the city limits of Myrtle Beach where it said collection of the fee was temporarily suspended pending final settlement of the lawsuit.

The county’s email immediately caused an outcry from the other cities in the county, led by North Myrtle Beach, which issued a statement saying the county was attempting to continue to “illegally” collect the hospitality fee in the other cities.

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Change Threatens as Administrator Interviews Near

As public interviews loom for candidates for the permanent administrator position for Horry County, I sense a hint of panic in those council members who are pushing Steve Gosnell for administrator because they want to maintain the status quo.

They are the same council members who attempted to circumvent the administrator selection process before it began.

They are the same council members who stumped unsuccessfully to keep former council chairman Mark Lazarus in office.

They are many of the same council members who tried to excuse away the actions of former administrator Chris Eldridge and county attorney Arrigo Carotti when that pair concocted their fictitious story alleging wrongdoing on the part of new chairman Johnny Gardner.

These are members who try to get you to believe that ‘up’ is actually ‘down’, ‘stop’ is actually ‘go’ and ‘orange’ is actually ‘purple’.

Or, put another way, insist building I-73 is necessary while roads that have flooded in three of the last four years are ignored; new developments are okay even though infrastructure and public safety needs are lacking for development the county already has in place and planning future spending of tens of millions of dollars to continue to bury trash in the county is better than looking for reasonable alternatives.

These are the same council members who are afraid of change because it may upset their own personal, selfish agendas.

In the last few days they have found several shills to do their bidding on social media with one media outlet publishing an article claiming transparency in the selection process is a bad thing and a person in love with social media videos flip flopping positions on Gosnell based on false information.

All of the above is to be expected. Politics in Horry County is generally a full contact sport. If you’re not willing to figuratively shed a little blood, don’t get in the arena.

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How Far Will the Deep Six Go to Block Change With a New Administrator?

The first phase in finding a replacement for former county administrator Chris Eldridge will be completed next week as applications from candidates must be in by June 5, 2019.

The Deep Six, council members Harold Worley, Tyler Servant, Dennis DiSabato, Gary Loftus, Cam Crawford and Bill Howard, assisted by council member Johnny Vaught, already tried to hijack this process once.

In behind the scenes maneuvering, this group attempted to promote the hiring of interim administrator Steve Gosnell to the administrator job without consideration of any other candidates. When the plot was exposed, several of the plotters backed away quickly.

Voters in the county opted for change in the way the county does business when they elected council chairman Johnny Gardner to replace Mark Lazarus last year.

Since Gardner took office, the Deep Six have attempted to obstruct change to the point of initially blocking the firing of Eldridge after he and county attorney Arrigo Carotti were discredited in their attempt to smear Gardner. That little episode cost county taxpayers approximately $300,000, the cost of paying off Eldridge to get rid of him.

But, that cost will be minimal compared to the cost to taxpayers of blocking a new vision to county administration.

Steve Gosnell has been a good engineer for the county. He has approximately two years to go before hitting the 28 year mark for full retirement. He is not the person to look to for changes in the way county government is run.

Gosnell has been head of the county’s Infrastructure and Regulation Division and an assistant administrator for a number of years, once before serving as interim administrator. He has built a working relationship with other members of senior staff and, as such, is not expected to look at what changes are necessary to make county government more effective, more responsive to the needs of citizens and more transparent.

County government does not need, in the administrator position, a two year placeholder looking forward to retirement while keeping many of the failed Eldridge policies and senior staff in place.

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Mayors Add Confusion to Hospitality Tax/I-73 Funding Debate

After watching a video last evening of a news conference held in Conway yesterday by the mayors of the various incorporated municipalities in Horry County, under the auspices of the Horry County League of Cities, I was dumbfounded by the misinformation and political spin by those elected leaders to the public.

I do enjoy it when the mayors get together and issue statements under the League of Cities banner. The League of Cities is nothing more than a lunch club of the mayors and the chairman of Horry County Council if that official wishes to attend. It has neither official nor legal basis for doing anything, but it sounds good in the media.

The issue was hospitality tax collections in Horry County and who gets to keep the revenue beginning next fiscal year. The latest catalyst for this public discussion is a proposed bill dropped by the Horry County legislative delegation on the next to last day of this year’s legislative session.

Simply put, the bill, if it eventually passes, extends collections of a 1.5% hospitality tax countywide with the revenue going to Horry County Government. The cities and the county also collect an additional 1% hospitality tax within their respective jurisdictions for a total hospitality tax of 2.5% throughout the county. The tax has been on the books by county ordinance since late December 1996 with the proceeds of the countywide 1.5% portion being used to fund major road projects in the county under the collective banner of Ride I projects (SC 22, SC 31, US 501 improvements for example).

The initial duration of the tax was supposed to be 20 years with several additions through the years which extended payment on Ride I bonds through January 2019. Each of the municipalities in the county passed resolutions supporting the 1996 county ordinance.

In April/May 2017, Horry County Council, under the leadership of then chairman Mark Lazarus and administrator Chris Eldridge, unilaterally acted, with the rest of council going along, to remove the sunset provision of the hospitality tax ordinance that was to end the collection of the countywide 1.5% tax when Ride I bonds were paid off.

The idea of Lazarus and Eldridge was to use the approximately over $40 million annual revenue from the 1.5% portion to fund building of I-73 in Horry County.

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Myrtle Beach Rejects Open Talks on Hospitality Fees

Myrtle Beach Mayor Brenda Bethune sent a letter to Horry County Council Chairman Johnny Gardner last week rejecting public negotiations on a county plan for splitting hospitality fees.

Myrtle Beach wanted to hold any negotiations in secret using a lawsuit the city filed against the county last month over hospitality fee collection as the excuse for needing to keep discussions behind closed doors.

However, anyone who has followed local politics for even a short while understands the proclivity of local governments to conduct as much real discussion of issues as possible out of public view.

There is a very good reason for this. Often, the genesis of the issues kept most secret comes not from local elected officials, but rather from the special interests who have the ear of the politicians and who have been very effective through the decades pushing agendas that most benefit those interests.

The current hospitality fee issue dates back at least three years to the beginning of 2016. At that time, the projects funded by the Ride II tax were coming to completion. The hospitality and real estate interests began pushing the need for a Ride III referendum.

Informal talks between special interest leaders and local politicians developed a plan to promote passage of a Ride III referendum as well as continuation of hospitality fee collections countywide to fund I-73 construction within Horry County.

The special one-cent sales tax approved with Ride II and Ride III referendums pay for many projects that improve roads within the county that have become congested with traffic from new developments. These costs should be paid for directly by developers or impact fees rather than all the citizens of the county, but the hospitality and real estate lobbies have been able to avoid this to date.

The Ride III referendum was passed by voters in November 2016. County council removed the sunset provision from hospitality fee ordinance in the spring of 2017 at the behest of Lazarus, county administrator Chris Eldridge and county attorney Arrigo Carotti.

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Negotiations on Eldridge Departure Ongoing, Lawsuits Considered

During the regular meeting of Horry County Council April 2, 2019, Chairman Johnny Gardner informed council members that negotiations regarding the exit of administrator Chris Eldridge are ongoing.

There have been some indications that Eldridge believes he has claims against the county that could result in an exit package of significant dollars.

What Eldridge apparently fails to understand is there are others who have potential claims against him and the apparent conspiracy to defame Gardner and others that began with emails as early as December 12, 2018.

There is no question it is past time for Eldridge to go. Four months have passed since he and attorney Arrigo Carotti began developing a narrative to defame the character and reputation of Gardner.

It has been a month since council deadlocked in a 6-6 vote on a motion to fire Eldridge, allowing him to remain in his position as administrator.

Since that vote, new information has been uncovered through Freedom of Information Act requests that point to a joint effort by Eldridge, Carotti and former chairman Mark Lazarus to develop a narrative that could be brought to SLED for an investigation of Gardner.

Eldridge requested the SLED investigation on December 20, 2018 after Carotti completed a five-page memo containing a narrative for which there were no facts to substantiate the authenticity of the memo’s narrative.

The memo was completed after Lazarus, Eldridge, Carotti and council member Gary Loftus listened on December 19, 2018 to a portion of a recording of a November 30, 2018 lunch meeting between Gardner, Luke Barefoot and Myrtle Beach Regional Economic Development (EDC) officials Sandy Davis and Sherri Steele.

On that recording, Carotti and Eldridge alleged there was evidence of attempted extortion of EDC by Gardner and/or Barefoot.

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County Attorney Tried to Directly Influence SLED Investigation

New information has surfaced that demonstrates Horry County attorney Arrigo Carotti not only attempted to tell SLED investigators what direction their investigation of Horry County Chairman Johnny Gardner should take but also what conclusions they should and should not draw as a result.

Allegations of extortion against Gardner, began with a five-page memo written by Carotti, from December 14–19, 2018, in concert with input from county administrator Chris Eldridge. The memo also attempted to implicate Luke Barefoot, Donald Smith and myself in this fictitious plot.

Eldridge sent the Carotti memo to SLED December 20, 2018 requesting the agency investigate the allegations, but only after the memo was leaked to and published by a Columbia internet media outlet early in the morning of December 20th.

Eldridge told county council members, during a March 5, 2019 special meeting of council, he sent the memo to SLED only after it was leaked in the media because “he didn’t want to be accused of a cover up.”

Before the results of the SLED investigation were made public, an attorney friend of mine told me his theory on the entire affair was that a civil conspiracy plot had taken place among players who were willing to go to any length to keep Gardner from taking office on January 1, 2019. Are we talking “Deep County” here?

With more and more journalists seeking additional information about the allegations against Gardner through Freedom of Information Act requests and questions of the various people included in this saga, new revelations have come to light in recent days that add significant credence to this theory.

Carotti’s original five-page memo is based completely on hearsay about supposed conversations, none of which Carotti nor Eldridge were party to. In his memo, Carotti states he began writing it on December 14th “as a result of events that have taken place since December 5 as memory fades over time and this debacle is broadening.”

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The Demise of I-73

The City of Myrtle Beach effectively ended the possibility of any significant local funding for I-73 when it sued Horry County over Hospitality Fee collections earlier this week.

The filing of the lawsuit followed weeks in which city council passed an ordinance to capture all the hospitality fee revenue collected within Myrtle Beach corporate limits, said it may be willing to fund up to $7.5 million annually for I-73, then, completed this chain of events with the lawsuit.

One must possess a strong appreciation for the absurd to watch the Myrtle Beach council in action.

However, Myrtle Beach only provided the endgame for what has been a bungled process from the beginning with first Horry County and later Myrtle Beach attempting to save local funding for I-73.

It began in April 2017 when former chairman Mark Lazarus strong-armed Horry County Council to remove the sunset provision from the 1.5% countywide hospitality tax that was funding the Ride I bonds. Each of the municipalities in the county had formally agreed to collection of this tax within their corporate boundaries until the Ride I bonds were paid off.

Lazarus, assisted by county administrator Chris Eldridge and county attorney Arrigo Carotti, formulated a plan to move this funding source to I-73 when the Ride I bonds were paid off, an event that occurred in January 2019. However, none of the county trio thought to obtain formal agreement from the municipalities to support this plan.

After Lazarus lost the June 2018 primary for council chairman, his days to secure the deal became numbered.

In July 2018, Lazarus and his two staff cohorts worked county council to formally adopt a resolution dedicating all of the $41 million revenue from the 1.5% countywide hospitality fee collections to a special fund for I-73. Again, none of the triplets approached the municipalities for formal agreement to this plan.

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County Council Defers I-73 Decision Until Next Meeting – Updated

Update—————————-Update

John Bonsignor and I hosted North Myrtle Beach Mayor Marilyn Hatley today on our television show Talking Politics. During the discussion with Mayor Hatley, I asked about the new North Myrtle Beach city ordinance keeping all hospitality tax collected in the city. Mayor Hatley said the city expects an additional $7 million annually from the hospitality tax.

I specifically asked Mayor Hatley if anyone had approached the city about dedicating some of the new hospitality tax revenue to the I-73 project. Mayor Hatley responded that she had received a call from Myrtle Beach Mayor Brenda Bethune on that subject. 

Mayor Hatley said North Myrtle Beach would consider the request but ONLY if EVERYONE has some “skin in the game”. I inquired if “everyone” includes the state and federal governments and she said “yes.”
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Horry County Council members deferred taking any action amending the I-73 Financial Participation Agreement with SCDOT until the next regularly scheduled meeting April 2, 2019.

Issues with the agreement first arose when the cities of Myrtle Beach, North Myrtle Beach and Surfside Beach passed ordinances recently reducing hospitality tax revenues to Horry County thereby removing much of the anticipated money needed to fund the I-73 agreement.

Last week, members of the county’s Infrastructure and Regulation Committee tasked county staff with renegotiating two key areas of the financial agreement with SCDOT – delay of the start of any work under the agreement until January 1, 2020 and remove Section III(D) of the agreement which reads in part, “…“The County’s prior approval shall not be required to enter into contract agreements for improvements to SC-22, provided the cost thereof does not exceed the estimates provided in the Annual Work Plan. Nor shall the County’s prior approval be required for any right-of-way acquisition agreement or consultant agreement for work of the Project provided the cost thereof does not exceed the estimates provided in the Annual Work Plan.”

Members of the I&R Committee did not want to allow SCDOT to enter into any type of contract agreements without prior approval of county council.

As the agreement currently reads, county council only has prior approval on construction contracts.

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