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County Change to CFA Zoning Will Bring Lawsuit in New Year

A virtually overlooked vote by county council during its final meeting of 2021 is guaranteed to bring a class action lawsuit against the county in the New Year.
Council member Gary Loftus called for reconsideration of Ordinance 142-2021, which had been passed on third reading at the November council meeting as part of the consent agenda.
The ordinance dealt with eliminating multi-family housing from the Commercial Forest Agriculture zoning classification.
Upon reconsideration, an amendment was approved with the final effect of eliminating multi-family housing (apartments and condominiums) from CFA zoned parcels and reducing the overall calculations for the number of units which could be built on the parcel from three to two per acre. Town homes may still be constructed in CFA.
The amendment also limited calculations for density to be restricted to non-wetland acreage in the parcel. CFA zoning until the passage of the amended ordinance had been limited to three units per acre, multi-family and/or town house, with the total acreage in the parcel, wetland and non-wetland, allowed in the density calculation.
Council passed the amended ordinance unanimously on the reconsideration vote.
According to several council members contacted by GSD, the change was made to eliminate the threat of construction of three multi-family and/or town home units on CFA parcels if rezoning requests for single-family units were turned down by council. According to those sources, council had become tired of developers using the threat of building more units on the land under current CFA zoning if the single-family rezoning proposals were rejected.
Many of the remaining CFA zoned parcels in the county can be found along the Hwy 90, 905, 701 and 707 corridors, which have been areas of new development resisted by citizens’ groups. A number of re-zonings from CFA to single-family developments have already occurred, especially in the 90 and 905 corridors, raising public opposition to further re-zonings.
A number of small farmers still in possession of CFA zoned parcels, as well as developers who have already purchased similar parcels from farmers, could be affected financially by the reduction in overall density stipulated in the new, amended ordinance.
GSD has learned that representatives from those groups are already in the process of working with attorneys to file a class action lawsuit against Horry County because of reduced value of CFA zoned parcels caused by the new ordinance.

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Crawford Disclosures on CCU Termination Raise Political Concerns

Recent disclosures in a story by MyHorryNews.com about issues surrounding the termination of employment of Horry County Council member Cam Crawford at Coastal Carolina University raise a number of questions about the way of politics in Horry County.
The report stated, according to public documents acquired through Freedom of Information Act request, Crawford was terminated for alleged sexual misconduct with a student who was also an employee of the department in which Crawford worked. This misconduct included unwanted touching and kissing on the head.
The student reportedly reported these incidents to Crawford’s supervisor and the university instituted a Title IX investigation into Crawford’s actions. According to the documents received through FOIA, the report stated the results of the investigation concluded, “the evidence does support a finding that Mr. Crawford violated University policies UNIV-466 Title IX Statement of Non-Discrimination and UNIV-468 Sexual Misconduct Policy.”
Crawford was quoted in an email response to comment by MyHorryNews.com as stating, “Political correctness or standing too close to someone’s safe space should not cost anyone their job, but that’s what happened. My southern mannerisms, friendly gestures, and normal greetings amongst friends were used against me. The cancel culture phenomenon cost me my job.”
Several of the local political hacks, commenting on the story on Facebook, supported Crawford referring to the story as a political hit job.
What is striking about the comments made by Crawford, including a formal statement he requested the university include in his file, is that nowhere was he quoted as expressing regret or an apology for his actions causing discomfort to the student employee involved.
Whatever Crawford did, he made a young student and employee (male or female) under his supervision feel uncomfortable by his actions. The Southern mannerisms Crawford so quickly invoked also include apologizing for causing such discomfort regardless of your original intent.
Crawford owed the victim a public apology, which never came.
Instead, within days of being notified of the investigation, Crawford reportedly had a law firm send a letter to the university requesting secrecy.

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Second Reading of Illegal Fireworks Ordinance Before County Council Tuesday

(The above image courtesy of TheStreet)

Horry County Council will consider second reading of an ordinance that would allow council to designate fireworks free areas by resolution.
How this ordinance made it to second reading is a mystery considering it totally ignores state law.
State law, section 23-35-175 (C) states, “an owner, a lessee or managing authority of real property may establish a Fireworks Prohibited Zone by (1) filing a Discharge of Fireworks Prohibited Agreement with the law enforcement agency having jurisdiction over the subject property.”
The only thing counties are allowed to do under state law with regards to fireworks prohibition is extend into public land a fireworks free zone after a request from an adjacent property owner who has already established a fireworks prohibited zone on his property by completing the above procedure.
Yet, the county ordinance states, ““County No Fireworks Areas shall be any geographic location, as determined by County Council, wherein the prohibition against fireworks under this section is deemed appropriate. Such areas may be designated only by Resolution of County Council and must state with adequate specificity the area encompassed as to be readily identifiable by the general public and Horry County officials and employees.”
The question is why wasn’t county staff, particularly the county attorney, not aware of the contradictions of state law contained in the proposed county ordinance?
According to sources familiar with this ordinance, council member Bill Howard initiated the process for this ordinance at the behest of some constituents. It’s fine to work on behalf of your constituents’ desires, but it’s even better if it is done within the law.
There has been a recent pattern with the county acting in violation of state law. It was recently discovered the county stormwater fees were illegally raised on open space, agricultural and forested lands earlier this year, after a county resident sent a copy of state law to county staff. The county is now in the process of having to determine who paid the increased fees on prohibited types of land and provide refunds to those owners.

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North Myrtle Beach Council Members Vote for I-73 Funding – Or Did They?

North Myrtle Beach City Council voted at last night’s meeting to provide $1.7 million annually to construction of Interstate 73 contingent on so many variables it really isn’t a provision at all.
Among the contingencies required for North Myrtle Beach to provide any money to I-73 is a requirement for the other cities and counties that would supposedly benefit from construction of the highway to also contribute money for construction of the road.
In addition, North Myrtle Beach restricted use of any money it may provide to actual construction costs. Specifically prohibited from use of any money provided by North Myrtle Beach are right of way acquisition, engineering and legal services, construction documents, environmental studies and reports of any kind. Funds from North Myrtle Beach may not be used on SC 22 or any other roadway and actual construction must begin before December 31, 2024.
Despite the headlines of local television stations last night, the North Myrtle Beach resolution contains so many restrictions and prior requirements from other local governmental agencies in three counties as to make it virtually meaningless.
The North Myrtle Beach resolution varies widely from a proposal by Gov. Henry McMaster during a press conference at the Myrtle Beach Area Chamber of Commerce in October 2021.
According to the governor’s proposed $1.6 billion funding plan, the state will be asked to provide $795 million for the I-73 project all of which will be spent in Dillon and Marion counties. The federal government will be asked to provide $450 million, most of which will be spent in Marion and Dillon counties. Local governments in Horry County were asked to provide $350 million for construction of the road in Horry County. None of the cities in Dillon and Marion counties nor the county governments themselves were asked to provide any money toward construction of I-73.
The governor’s plan only included funding for construction of what is really an interstate spur road from I-95 south of Dillon to the eastern terminus of the road at the end of the current SC 22 in the Briarcliffe area.

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New Rezoning Request to Answer How Bumgardner Tract will be Developed?

The ongoing debate about overdevelopment in Horry County often pits citizens against developers with Horry County Council in the middle.
The public desire to slow down development when developers request a property rezoning and the complication of underlying zoning in most areas of the county could be described in Winston Churchill’s words as “a riddle wrapped in a mystery inside an enigma.”
Such a rezoning request is currently in the works in Horry County with respect to a proposed rezoning of what is known as the Bumgardner Tract off of Hwy 707 between St. James High School and Blackmoor Golf Club.
The property owners, the Wall family of Horry County, are asking Horry County Council to rezone approximately 721 acres (none of which is wetlands) of a 1,421 total acre tract from Commercial Forest Agriculture (CFA) to basically single-family zoning with a little multi-family and commercial zoning included.
If the rezoning request is approved, the development agreement shows approximately 3,700 housing units at final buildout, approximately 80 percent single family homes.
The possibility of 3,700 new homes replacing what is now mostly trees immediately set some citizens’ heads spinning with a desire to stop the rezoning.
What those opposing the rezoning apparently do not understand is that development of the property cannot be stopped. The current CFA zoning already allows for the construction of approximately 4,300 multi-family units.
I have spoken to representatives of the property owner and have been assured the multi-family units will be constructed if the rezoning request to single family is not approved. In today’s housing market in Horry County, the developers are confident 4,300 multi-family units could be sold as easily as single family homes in the area in which the property is located.
The enigma, if you will, is not how development on the property can be stopped, but rather what type of development will be constructed.

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How Thoroughly Will JMSC Screen Alan Clemmons for Master in Equity Position?

Former state Rep. Alan Clemmons will be screened by the Judicial Merit Selection Commission tomorrow to determine whether he merits recommendation from the commission for the Horry County Master in Equity judicial position.
The questions asked of Clemmons will be a litmus test of how serious the JMSC, composed of six state senators and six state representatives, is of recommending qualified candidates to become judges.
There are certainly questions surrounding the Clemmons’ candidacy that should be answered to the satisfaction of both commission members and the general public.
Last year, five weeks after winning the Republican Primary for nomination on the general election ballot for what would have been his tenth term as the representative for House District 107, Clemmons resigned his seat as a representative.
By waiting to resign until after winning the primary, Clemmons was required to submit a sworn affidavit to the S. C. Election Commission explaining he was resigning for “non-political reasons” in order for a new Republican candidate to be determined by a special primary election.
It is important to note here that Clemmons affirmed to the election commission, under penalty of perjury, that his dropping out as the nominated candidate was for “non-political reasons”.
Clemmons’ affidavit cited spending more time with his family and new clients for his law firm who would “require a large investment of my time and focus.”
But, was there another reason?
Horry County Master in Equity Cynthia Graham Howe announced around the time of the June 2020 primary that she would retire in July 2021 at the end of her current term in office. State law requires state lawmakers to be out of office for at least one year before they are eligible to be appointed to a judgeship.
According to state law, the burden of proof for justifying “non-political reasons” lies solely with the resigning candidate.

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Rice’s Search to Avoid being Toast Continues

As Tom Rice attempts to justify his vote to impeach former President Donald Trump while also attempting to tout his strong conservative credentials, he and his campaign advisors are still searching for a message that may convince voters to nominate him for a sixth term as the Republican candidate for the SC 7th Congressional District.
If they fail to find a consistent message soon, Rice is ‘toast’ as far as reelection is concerned.
Earlier this month, Rice led off his campaign trying to defend his vote to impeach former President Donald Trump. The message was that Rice is a strong, conservative ‘defender of the Constitution’ who loves all of Trump’s policies but not Trump himself. He claimed Trump “ripped the constitution to shreds” and is a “very divisive man.”
Rice chose to ignore the fact that Trump continues to be the leader of the Republican Party and most influential with the vast majority of Congressional Republicans in Washington.
Last week, former county council chairman Mark Lazarus, who was ousted from his elective office in 2018 because he lost touch with county employees and the voters of Horry County, made a video touting Rice’s experience in Washington as the reason Rice needs to be reelected.
Lazarus, who suffered probably the biggest upset loss in Horry County political history, seemed an odd choice as a kickoff endorsement for the Rice campaign. But, maybe it isn’t a surprising choice because Rice has lost touch with his constituents just as Lazarus did in 2018 and Rice’s campaign consultant Walter Whetsell has obviously lost touch with any messaging for Rice.
There is rumor that Lazarus will take another run at the county council chairmanship in 2022. Maybe Lazarus thinks supporting Rice will gain him votes if he does decide to run, but that only shows how out of touch Lazarus remains with voters in Horry County. Remember, this is ‘Trump Country.’
Lazarus specifically pointed to Rice’s membership on the House Ways and Means Committee, because of the importance of that committee in the legislative drafting process, as a position important to 7th Congressional District citizens.
However, Rice became a pariah in the House Republican caucus when he voted to impeach Trump. To an extent, committee assignments depend on seniority and past service on committees with the party leadership making the assignments. But, changes to committee assignments can be made and it’s hard to see Rice getting anything he wants out of the current House leadership.

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Graham Allen Postpones Campaign Event in Myrtle Beach

Graham Allen, the carpetbagger from Mississippi via Anderson, S.C. running for the SC 7th Congressional District Republican nomination, postponed a campaign event scheduled for Myrtle Beach last night.
Campaign events, especially for candidates attempting to raise their name recognition, are rarely postponed except because of exceptional circumstances.
However, according to a posting on Facebook, this one was postponed because the event’s apparent headliners, Republican House members Matt Gaetz and Marjorie Taylor Greene were unable to attend.
Was the Allen campaign afraid nobody would show up if Gaetz and Greene weren’t there?
Does Allen have no message to convey to people he wants to represent in Congress without the help of Gaetz and Greene?
According to the most recent campaign filings with the Federal Election Commission, Allen has raised a total of $642,000 for his Congressional run with almost none of that amount coming from 7th District voters. The amount does not include a $92,000 loan from the candidate to his campaign. The report also shows a total of $435,000 has been spent by the campaign so far with barely a flicker of a rise in Allen’s name recognition among 7th Congressional District voters.
The only thing really known about Allen is he is running against incumbent Tom Rice because Rice voted to impeach former President Donald Trump and Allen vows to save America from the Communists in Washington.
Even if he just addressed those two issues, does Allen not have enough to say about them to convince the segment of Republican voters he is attempting to attract to vote for him?
Apparently not as the message said the event would be rescheduled for a time when Gaetz and Greene could attend.

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Proposed County Fireworks Restriction Ordinance Violates State Law

At its regular meeting Tuesday night, Horry County Council passed first reading of an ordinance that would allow the council to unilaterally designate No Fireworks Zones in the unincorporated areas of the county.
This ordinance, as written, directly contravenes both the spirit and letter of state law.
The proposed ordinance, 155-2021, sub-section c states: “County No Fireworks Areas shall be any geographic location, as determined by County Council, wherein the prohibition against fireworks under this section is deemed appropriate. Such areas may be designated only by Resolution of County Council and must state with adequate specificity the area encompassed as to be readily identifiable by the general public and Horry County officials and employees.”
State law, section 23-35-175 (C) states “an owner, a lessee or managing authority of real property may establish a Fireworks Prohibited Zone by (1) filing a Discharge of Fireworks Prohibited Agreement with the law enforcement agency having jurisdiction over the subject property.”
State law goes on to say the zone must exhibit at least two signs, stating fireworks are prohibited visible from the street and any adjoining public property. In addition, the owner, lessee or managing authority of the property may request county council to extend the prohibited zone up to 500 feet into any adjoining public property such as a park or to the low water mark of a public beach adjoining the property.
State law is specific in that the initial action must come from the property owner, lessee or managing authority to the law enforcement agency. There is no provision in state law for the initial action to come directly from county council. Any direct action by county council would be a usurpation of property rights by county council on any property included in a county council initiated prohibition and is not allowed by state law.
It is hard to understand how this ordinance even came before council considering how blatantly it violates state law. One would expect the county attorney to explain the conflict with state law to any council member desiring such an ordinance to be drafted.

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Rice Struggling to Re-invent Image While Fry Attempts to Find One

It is just under seven months until Republican primary voters will nominate a candidate for the SC 7th Congressional District election next November.
The two candidates most closely tied to the Myrtle Beach Area Chamber of Commerce, incumbent Tom Rice and state Rep. Russell Fry, are still searching for an image to project to voters in order to gain popularity and votes.
Rice is hampered by his January 13th vote to impeach former President Donald Trump. Trump support was strongest in 7th Congressional District among all the congressional districts in South Carolina. Rice won easy re-election, in the November 2020 general election, to his fifth term in office on Trump’s coattails.
Then Rice cast “THE VOTE” to side with Congressional Democrats in the House to file Articles of Impeachment against Trump.
As we all know, Trump was never going to be removed from office by an evenly split Senate (it takes a two-thirds vote from senators to impeach), especially considering Trump was due to leave office on January 20, 2021, and the Senate trial didn’t take place until after Trump was out of office.
What makes Rice’s vote to impeach even more incredible is that twice in the days before the actual voting on the Articles of Impeachment, Rice made public statements that he was NOT going to vote to impeach Trump. THEN HE DID!
One would have thought, after spending four full terms as a Congressman on Capitol Hill, Tommy would have absorbed, even if only by osmosis, enough political savvy to understand that his vote to impeach Trump would be a betrayal to the vast majority of people he represents in South Carolina’s 7th District.
Now Rice is trying to create a new image of himself as a faithful servant of Trump during the former president’s four years in office, citing a 94% voting record supporting Trump initiatives. Rice further claims he was defending the Constitution when he voted to impeach Trump, calling Trump a “very divisive man”, and claiming Trump’s actions (or inactions) incited a riot at the U. S. Capitol building on January 6, 2021.
What Rice is avoiding trying to explain is why twice, between the January 6th events and the January 13th vote to impeach, Tommy publicly stated he would not vote for impeachment, then did.
Rice claims a ‘new vision’ for the Republican Party that embraces everything Trump except Trump the person. He also claims he will run on his ‘record of accomplishments.’

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