Author: Paul Gable

I-73, Indian Wells Controversies Highlight Council Agenda

The agenda for Tuesday night’s regular meeting of Horry County Council has only two items of consequence on it.

Under Old and New Business, council will discuss the Financial Participation Agreement with the South Carolina Department of Transportation for the I-73 project.

The agreement has been in effect since December 2018 when it was signed by former administrator Chris Eldridge for the county after receiving council approval to do so. However, the real date for its beginning is the start of the new fiscal year on July 1, 2019.

Generally the agreement provides that Horry County will provide up to $25 million per year from Hospitality Fee revenues to fund the construction of I-73 within Horry County (the Project) and SCDOT will oversee the project from design through construction.

The written agreement states, “SCDOT shall provide an Annual Work Plan to the county on the activities proposed by March 31 that the county shall approve prior to June 30 before commencing work in the succeeding fiscal year.”

SCDOT provided a work plan for next fiscal year which allots $6 million for engineering services and $6.5 million for right of way acquisition. Council has yet to act on that work plan, but there is NO money in the upcoming budget to pay for it.

The plan was for Horry County to provide up to $25 million per year from 1.5% Hospitality Fee revenues collected countywide as funding. Since March 2019, the county has been sued by the cities over hospitality fee collections and there is no guarantee at this time how much, if any, of the countywide 1.5% fee revenue will be available to the county in the next or ensuing fiscal years.

However, Section V of the agreement, “Payments by the County”, states,  “The County shall maintain an account balance which shall be sufficient to cover the Project expenses for the relevant fiscal year including annual payments to the consultants, contractors or SCDOT…”

In addition, Section III D of the agreement states, “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.”

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Huffman Affair Shows Need for Different Leadership

The recent resignation of Joseph Huffman from senior staff at Horry County Government demonstrates the need for a new approach to leadership of the county staff.

Huffman, who was the county’s public safety director for two years, resigned after the Mississippi Auditor demanded he repay approximately $6,800 to the state of Mississippi for mismanaging bond money as city manager of Pascagoula.

The mismanagement of the money included depositing the bond proceeds into the city’s general fund in order to make the budget appear to have a surplus instead of the deficit it was actually running. The deposit into the general fund also cost the city interest earnings on the bond money.

According to sources in Horry County Government, Huffman went to interim administrator Steve Gosnell to say it was best if he (Huffman) resigned. Those sources said Gosnell responded that he would support Huffman if Huffman did not wish to resign.

Such an offer should never have been made by Gosnell. A man acting as the county public safety director had mismanaged funds in Pascagoula, Mississippi in order to deceive the council he worked for.

Is this really the type of person we want being the top public safety official in Horry County? I think not!

The problem goes deeper. According to the government sources, former administrator Chris Eldridge was aware of Huffman’s difficulties in Mississippi as early as last summer. According to sources, Eldridge blamed the entire problem on political differences with a new city administration rather than the actual mismanagement of city money.

Huffman was hired in May 2017, approximately two years after Eldridge received a substantial raise from county council partially on the condition that in addition to being administrator Eldridge would assume the duties of public safety director after the firing of Paul Whitten.

Two years later, Huffman, who reportedly knew Eldridge since they both served in public administration jobs in North Carolina, was hired at a salary of approximately $135,000 annually.

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County Administrator Applications Close While Vaught Continues Hijacking Attempt

The application period for a new, permanent county administrator closed yesterday while council member Johnny Vaught continued his attempts to hijack the entire process in favor of interim administrator Steve Gosnell.

As recently as Tuesday, Vaught was maintaining that he had the votes of 9 – 10 council members to appoint Gosnell to the permanent position. This is before all applications were in, before the qualifications of any of the applicants were assessed and before any interviews were conducted to determine who might be the best person to lead the administration of Horry County Government going forward.

After former administrator Chris Eldridge and county attorney Arrigo Carotti failed in their attempt to discredit incoming chairman Johnny Gardner and it became obvious Eldridge had to go, Gosnell said at that time he didn’t even want the administrator job on an interim basis.

Ultimately, after Eldridge was separated from his county employment, Gosnell did accept the interim job but, with the provision he could return to his job as Infrastructure and Regulation Division head.

When the application process for the permanent position opened, Gosnell said he did not know that he would even apply.

Still, Vaught pursued his personal agenda to keep Gosnell in place. But, Vaught’s personal agenda is not what the county needs at this time.

Gosnell is a nice man and has been a good county engineer. However, with only two years to go until retirement and having served in the senior staff of the failed Eldridge administration, he is not what is needed for the county to move forward to realize its potential.

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Indian Wells Rezoning on Tonight’s County Council Agenda – Updated

(above picture Dan Liu, left, and Nick Dou)

UPDATE

Once again first reading of the rezoning ordinance was deferred. 

The same scenario played out as before – opponents of the rezoning showed up in force dressed in their now famous red shirts. Once again council member Tyler Servant blinked and asked for another deferral.

It appears there is no desire on Servant’s part to vote against the rezoning or else it would already been voted down. Council members will generally follow the will of the member in whose district the rezoning is located.

Evidently the tactic is to attempt to wait out the ‘red shirts’ until their opposition wanes. However, that may not be the end result here.

There is a determined opposition and the current owner, Founders Group International, apparently needs the property to be rezoned to clinch its sale. It is not believed that the property can be profitably developed with the residential zoning it has now.

First reading of an ordinance for a proposed rezoning of Indian Wells Golf Club is again on the Horry County Council agenda for tonight.

This is the fourth time the issue has been before council for first reading. It was initially defeated late last year. After some tinkering with the proposal, removing the commercial areas and adding more townhomes in an attempt to appease adjacent property owners, the issue has been deferred twice.

There is considerable opposition from owners in three sub-divisions, who thought they were buying golf course view property over the past 20 years only to discover this is not necessarily the case in Horry County.

All but a few of the golf courses in Horry County have underlying zoning that allows for development of the golf course into residences of some type.

Many of properties in the golf course communities surrounding those golf courses were sold on the basis of ‘fairway views’ or ‘proximity to the course’ of the homes, often with premiums charged for properties directly adjacent to the golf course.

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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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Deep Six Secret Attempt to Hijack Administrator Search

Only minutes after the end of the last regular meeting of county council during which plans for a search for a new county administrator were discussed, several council members moved to hijack the search.

According to information received from various council members:

Immediately after the close of the regular meeting: council member Harold Worley approached interim administrator Steve Gosnell about taking the permanent administrator job without going through the search process.

Being a single member of council, Worley had no right to circumvent the search process in this manner, but he did it anyway.

Worley contacted council member Johnny Vaught the following day, explained he had talked to Gosnell, brought Vaught on board with the plot and tasked Vaught to secure sufficient votes from other council members over the next few days.

While Vaught was contacting other council members, council member Gary Loftus contacted the county’s Human Resources Department telling them not to post the job opening for administrator as had been discussed before full council at the meeting. As a single council member, Loftus had no authority to issue such an instruction.

At the regular council meeting, Loftus made a motion to reconsider the vote to accept the separation of former administrator Chris Eldridge to add to it acceptance of Gosnell as interim county administrator. Loftus said this motion was made, “So we make sure that we follow proper legal procedure.”

After the motion to reconsider was approved, Loftus offered an amendment to appoint Gosnell as interim administrator “under short term contract to be entered into by the chairman on behalf of county council,” The amendment passed and the main motion accepting Eldridge’s separation and appointing Gosnell to interim administrator under short term contract passed.

On the dais in front of the public, proper procedure was the rule of the hour. However, proper procedure was ignored immediately after the meeting and in the next several days as this behind the scenes plot unfolded. And nobody bothered to contact the chairman until the plot was in motion and Vaught called Gardner to ask for his support.

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Indian Wells Rezoning Again Up for Consideration by County Council – UPDATE

UPDATE

Horry County Council unanimously voted to defer the first reading of rezoning request for Indian Wells Golf Course until the June 6th regular council meeting. Council will request the Chinese owners of Founders Group International, Nick Dou and Dan Liu, to appear at that council meeting with their attorneys to answer questions about possible restrictions on the property with respect to the current litigation between Dou and Liu and, possibly, to address questions about Liu’s immigration status and Chinese legal problems.

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A third try at first reading approval for a rezoning of Indian Wells Golf Course will come before Horry County Council Tuesday night.

This time around, it appears commercial areas have been removed from the redevelopment plan with townhomes replacing commercial buildings.

This is all part of the game that is played throughout the county to basically give developers what they want while making it appear council is working in the interests of affected citizens.

One of the best kept secrets with respect to development is that virtually all of the golf courses in the county have underlying zoning that allows for future development. That house bought on a fairway in one of the many golf course communities in the area may not always look out on a fairway. In the case of Indian Wells, the fairway view may soon be replaced by townhomes.

The rezoning is being requested for reasons that apparently have to do with making the land more valuable to developers not for any benefit of the current homeowners in the surrounding community.

However, the Indian Wells rezoning has other interesting facets.

Indian Wells is one of the golf courses currently owned by Founders Group International with a mortgage in the amount of $4,769,496.00 payable to Founders majority owner Dan Liu.

Liu is a Chinese citizen in the U.S. on a work visa that appears to have expired in August 2018.

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Proposed Rezoning of Indian Wells Golf Club Raises Many Issues

(pictured above, Dan Liu, left, and Nick Dou)

Horry County Council will again consider first reading of a request to rezone Indian Wells Golf Club for development at its regular meeting next week.

Council has already denied the request once and deferred a changed plan at its last regular council meeting.

Council member Tyler Servant, in whose council District 5 the course is located, has reportedly been working with three homeowner’s associations who will be impacted by the rezoning to get agreement from them for a development plan that has no commercial structures and only townhomes and single family homes.

But, Servant may be missing the forest while concentrating on just one tree. There are more issues at Indian Wells than which development plan can get approval from council.

Indian Wells is one of the golf courses owned by the Founders Group International, a collective of multiple LLC’s with 90% ownership by Chinese companies for which Dan Liu claims to act as exclusive U.S. agent and 10% ownership by Nick Dou, according to documents provided in a lawsuit with Dou as plaintiff and Liu as defendant. According to Liu’s deposition, he met Dou in 2012.

Dou and Liu are currently locked in a legal battle over allegations by Dou that Liu is attempting to strip assets from their corporate interests.

In the 2014-15 timeframe, Founders Group International acquired 22 golf courses, homes and other properties in the Grand Strand area for the total sum of approximately $135 million.

In a deposition for the ongoing lawsuit, Liu claimed the money used for the purchases was taken from his personal funds. However, the deposition included a description from Liu of his work history from the time he left university in 1997. Nothing in that history gave any indication from where Liu would have accumulated such an amount of money.

According to Liu’s statements in the deposition, he placed his personal funds in the above mentioned Chinese companies, with which he claims no association other than being the exclusive U.S. agent, in order to move the funds out of China.

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County Response to City Lawsuit Follows Recent Pattern

Horry County’s response to the lawsuit over hospitality fees filed last month by the City of Myrtle Beach follows a pattern the county has used in recent years when it is challenged in court.

That pattern is to launch a subjective attack on the opponent rather than argue objective facts of the case.

The county claimed SkyDive Myrtle Beach committed 112 safety violations and was running an unsafe operation at Grand Strand Airport. To date, neither the county Department of Airports nor the Federal Aviation Administration has yet to produce documentation of even one safety violation but SkyDive Myrtle Beach has been closed down since 2015.

The county claimed Horry County Treasurer Angie Jones mismanaged her department and fired employees in order to provide openings for political allies. The county’s counterclaim called for Jones to personally bear responsibility for any shortfall in her department funding, of which there was none.

In its answer to the city’s lawsuit, Horry County claims Myrtle Beach has mismanaged its budget for years and “now attempts to circumvent state law to shore up its own finances.”

Obviously the county’s claim that the city has mismanaged its budget is a subjective political one as well as being erroneous. One guide to effective budget management is bond rating. The city’s bond rating is AA, the same as the county’s.

On the basis of the city’s original complaint and the county’s response, the city appears to have the better legal argument to this non-lawyer observer.

The county’s claim of budget mismanagement on the part of the city appears to have no more validity than the false allegations of wrongdoing made by county attorney Arrigo Carotti and former administrator Chris Eldridge against Chairman Johnny Gardner. The county’s tendency to create a narrative then try to claim it as fact is too repetitious to be accidental, but it is not a legal argument.

The city’s initial act to claim all hospitality fee revenue collected within the city limits and the county’s attempt to extend a countywide 1.5% hospitality fee collection ad infinitum are the starting point of this dispute. The cities of North Myrtle Beach and Surfside Beach followed Myrtle Beach’s lead with new hospitality fee ordinances.

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