Tag: Bill Howard

County Council to Consider Third Reading of Illegal Fireworks Prohibition Ordinance

Horry County Council has a final chance to stop passage of an illegal fireworks ordinance at its regular meeting Tuesday night.
If a majority of council insists on voting to approve third reading of Ordinance 155-2021 “providing for the regulation of the discharge of fireworks within the county by the way of establishing county no fireworks areas”, as the agenda item reads, council will have accomplished nothing other than opening the county up to another waste of taxpayer dollars lawsuit that it will lose.
This proposed ordinance has received no better legal scrutiny than the one that saw council unilaterally eliminate the sunset clause on the county’s original hospitality fee legislation under the urging of Mark Lazarus. The county lost every court ruling in the lawsuit challenging that action before coming to a settlement with the cities that challenged the ordinance.
GSD has contacted representatives of the fireworks industry who have said the association will immediately challenge the legality of the ordinance in court, if it is passed.
The state fireworks association is already seriously considering challenging the fireworks prohibition ordinances in Myrtle Beach and North Myrtle Beach, which are also illegal under state law.
Readers should note Surfside Beach recently made major amendments to fireworks prohibitions within the town limits similar to those in place in Myrtle Beach and North Myrtle Beach. Discussion among council about removing fireworks prohibitions in Surfside Beach centered around the illegality of the prohibitions.
Why would county council consider passing an ordinance that so clearly ignores the requirements outlined in state law for establishing fireworks prohibited zones?
Why would county staff draft an ordinance that clearly ignores state law?
Political considerations apparently outweighing obeying state law in this case.

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County Council a Step Closer to Passing Illegal Fireworks Prohibition Ordinance

Horry County Council passed second reading of a proposed ordinance that would allow council to restrict the use of fireworks in zones of their choosing in direct violation of state law.
One would think a county government currently in the process of refunding over one million dollars of illegally collected stormwater fees would pay close attention to what it can and what it can’t do with regard to state law.
Evidently not!
Because one thing is certain, the proposed ordinance, which would allow county council by resolution to establish fireworks prohibited zones in the unincorporated areas of the county, is in direct violation of state law.
The proposed 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.”

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Horry County Council Members Face Choice on I-73 Funding Resolution – Listen to Voters or Donors?

Horry County Council will vote tonight on a resolution to dedicate funding from locally collected hospitality fees to construction of Interstate 73.
This latest attempt at I-73 funding comes on the heels of a visit last week by Gov. Henry McMaster to the Myrtle Beach Area Chamber of Commerce at which the governor announced his proposed funding plan for the road.
The governor proposed a plan that included $795 million from state funds, $430 million from federal funds and $350 million in total funds from Horry County, Myrtle Beach and North Myrtle Beach. None of the funds have been appropriated and the sources are generally unidentified.
The governor could not give promises the funds from the state would be appropriated. The only thing he could do was tell the gathering he would ask the General Assembly to appropriate the funds he recommended.
Additionally, none of the state funds will be spent in Horry County. They will be spent in Dillon and Marion counties, according to the governor’s plan. Horry County residents are expected to fund construction of I-73 within the county on their own.
Information from the S. C. Department of Transportation is there are no funds currently available for construction of a new highway. To further complicate the funding problem, the state is on notice from the U. S. Department of Transportation that it must upgrade Interstate 95 from the North Carolina border to the Georgia border. Included in the requirements from the federal government are additional lanes and bridge repair/replacement, all of which are extremely costly items.
SCDOT said the I-95 improvements are the number one project for the agency since failure to meet the federal requirements would cost the state federal highway funds.
After the governor’s visit, the Horry County Administration Committee held a special meeting, called by committee chairman Johnny Vaught, to approve the resolution the council will vote on tonight.
The obvious question for county council tonight is, with 77% of the governor’s proposed funding for Interstate 73 (the state and federal portions) unidentified and unappropriated, and neither Myrtle Beach nor North Myrtle Beach to date having committed funds, why the rush for the county to pass its resolution?
Despite an alleged Chamber poll, which supposedly said 82% of 405 statewide voters responding supported construction of I-73. The internals of the poll have never been released by the Chamber and there is significant reason to believe no such poll exists because it is very difficult to find any voters in Horry County who support spending local raised tax revenue to build the road.
The lack of voter support was demonstrated by a reader poll conducted by a local media outlet recently which showed 67% of those responding did not want local tax funds to be spent on I-73 construction.

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Local Politicians Risk Lives in Supporting I-73 Over Public Safety

According to recent statistics released by the Federal Bureau of Investigation, Myrtle Beach is the third most dangerous city of over 10,000 residents in the country.
According to those statistics, Myrtle Beach has nearly double the murders per 1,000 population as the national average. Among other violent crimes, Myrtle Beach has nearly four times the number of rapes, three and one-half times the number of robberies and three times the number of assaults as the national average.
Last month, the website for Coastal Law, of which Russell Fry is one of the two practicing attorneys, posted a story about these Myrtle Beach statistics. The entire story can be viewed at this link: https://coastal-law.com/myrtle-beach-crime-rates-are-we-the-3rd-most-dangerous-city-in-america/
With the crime rate so high in the city in which he practices law and wants to represent in Congress, why is Fry so effusive in his support of the plan for funding Interstate 73 by using locally collected hospitality fee revenue from Myrtle Beach, North Myrtle Beach and Horry County? This public revenue could be put to better use funding additional public safety personnel and equipment as well as other, more critical, local infrastructure needs.
One could conclude that Fry is more interested in supporting the interests of those who fund his campaigns than he is in improving the welfare of those he currently represents and those he hopes to represent in Congress.
A true, conservative politician would prioritize the spending of local public dollars solving the issues that currently reduce the quality of life of his or her constituents, such as crime and poor infrastructure, rather than spending those limited public dollars on a new boondoggle project.
If Fry believes only new projects give life to his campaign, why isn’t he promoting construction of the SELL road, which would give a new access road to his current southeastern Horry County constituents in House District 106, rather than I-73?
Fry is not alone, among local politicians, in ignoring the need to fight crime in Myrtle Beach and improve current infrastructure in favor of spending locally generated tax dollars on the I-73 boondoggle.
Myrtle Beach Mayor Brenda Bethune has done nothing to reduce crime rates in Myrtle Beach during her current nearly four-year term in office. Bethune was joined at the governor’s press conference by city council members Jackie Hatley, Gregg Smith and John Krajc. Bethune, Hatley and Smith are on the ballot for reelection next month.

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Horry County Taxpayers Betrayed in Governor’s I-73 Plan

Gov. Henry McMaster travelled from Columbia to the Myrtle Beach Area Chamber of Commerce headquarters Monday to unveil his “Potential Funding Plan” for Interstate 73 from its eastern terminus at U. S. 17 in Briarcliffe to connection with I-95 near Dillon.
It was a duplicitous move by the governor when one considers that all of the $795 million from state funds recommended by McMaster will be spent entirely in Dillon and Marion counties. McMaster’s funding plan for completion of the Horry County section of I-73 is placed on the backs of Horry County taxpayers with possibly $150 million of federal funds being thrown in.
Even by standards of a South Carolina state government that continuously uses Horry as a donor county to the rest of the state, the plan is outrageous. It is outright Marxist philosophy that our “so-called conservative Republican” elected officials claim to fight against.
In 1875, Karl Marx wrote the economic and political philosophy of his “communism” was “from each according to his ability, to each according to his needs.” In other words, transfer the wealth from the rich to the poor. That is exactly what is being done with Horry County tax dollars so Dillon and Marion taxpayers don’t have to contribute any locally collected tax dollars.
In addition, that $350 million of local contribution from the county and the cities would be better spent on existing infrastructure needs such as Hwy 90, Hwy 905, the SELL road and the proposed road around Conway to 701 for the county, infrastructure and police needs in Myrtle Beach and parking and other infrastructure needs in North Myrtle Beach.
Furthermore, the elected officials representing Horry County voters who showed up to praise the plan, Congressman Tom Rice, state legislators Sen. Luke Rankin, Sen. Greg Hembree, Sen. Stephen Goldfinch, Rep. Russell Fry, Rep. Case Brittain, and Rep. Heather Crawford, county council members Dennis DiSabato, Orton Bellamy, Johnny Vaught, Bill Howard, Tyler Servant and Gary Loftus, Myrtle Beach Mayor Brenda Bethune and city council members Jackie Hatley, Gregg Smith and John Krajc and North Myrtle Beach Mayor Marilyn Hatley, have a lot of splainin’ to do for supporting the plan.
Rice, Brittain, Crawford, Bellamy, Vaught, Howard and Servant are all up for reelection in 2022. Bethune, Jackie Hatley, Smith and Marilyn Hatley are up for reelection in the upcoming November 2021 city elections. Fry is giving up his statehouse seat to challenge Rice for Congress. Will the voters reject these liberal Marxist spendthrifts?
The entire funding plan projects $795 million from the state, $430 million from the feds and $350 million combined from Horry County, Myrtle Beach and North Myrtle Beach. None of that money is approved to be spent on I-73 at this time. Dillon and Marion counties are not projected to appropriate any money.
If Horry County and the cities send $350 million of hospitality fee revenue to the state to spend on I-73 rather than local roads, the net loss to county taxpayers will be $700 million – the $350 million sent to the state and that same $350 million that could, but will not, be spent to improve existing roads.

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Chamber and Governor Mull Press Conference to Announce I-73 Funding with No Funding Approved

The latest effort by the Myrtle Beach Area Chamber of Commerce to make construction of Interstate 73 a viable project in the minds of the voters of Horry County took several bizarre twists yesterday.
A brief recap:
In recent weeks, the Chamber has promoted the idea that a mysterious poll of voters in South Carolina (405 in all) showed 82% of those responding favored construction of I-73. The actual questions and responses have never been revealed, just questionable results.
The poll announcement was followed by news that Chamber President and CEO Karen Riordan, state Rep. Case Brittain, Myrtle Beach Mayor Brenda Bethune and Horry County Council member Dennis DiSabato were working on a $750 million funding package for the I-73 project that included $250 in funding from local governments and $500 million from the state. It was announced that the governments of Horry County, the City of Myrtle Beach and the City of North Myrtle Beach would approve their respective portions of the $250 million funding package by the end of this month.
Monday it was announced that the Horry County Administration Committee would vote the next day on a resolution to dedicate $4.2 million per year, for up to 30 years, to the I-73 project from county hospitality fee revenue. That vote, however, was postponed until at least October 26 after a short executive session by committee members on Tuesday.
Tuesday evening Horry County Council Chairman Johnny Gardner was informed that Gov. Henry McMaster would hold a press conference Monday October 4, 2021, at the Myrtle Beach Chamber offices to announce the state was committing $300 million to I-73 construction. (There was no explanation of why alleged state funding was reduced from the $500 million announced by Brittain to the $300 million over a two-week span.)
Now the bizarre:
According to a number of sources familiar with events, word began to spread from Riordan to local politicians yesterday that the governor would be coming to Myrtle Beach on Monday to make an announcement about I-73 funding.
Unless the state government receives specifically earmarked funds for I-73 from the federal government, the governor cannot order any state agency to spend money on the project. Appropriations must receive voting approval from the General Assembly.
State legislators, from around the state, contacted by Grand Strand Daily, said the news that Gov. McMaster was going to announce funding from the state for I-73 was a surprise since the General Assembly had not approved nor even considered any such appropriation.

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Time for Horry County Republicans to Get Their Act Together Behind True Conservatives

Responses to several recent articles in Grand Strand Daily about candidates for the Republican nomination in next June’s SC 7th Congressional District primary highlight the cry among local Republicans for the type of candidate they are likely to support.
That type is a candidate who stands for low taxes, limited government, respect for personal liberties and no special favors for special interests.
Candidates are no longer going to be able to get away with claiming to be low tax, limited government conservatives, their actions and records are going to have to prove they are.
The cry does not apply just to 7th Congressional District candidates. It is going to be applied to General Assembly candidates and candidates for local council offices. Republicans today want real conservatives.
This does not bode well for Russell Fry’s candidacy for Congress nor for his political consulting business associate Heather Crawford being reelected.
Both voted for the massive gas tax increase in the General Assembly several years ago as well as the state’s establishment of data warehouses and both have strongly supported the Interstate 73 boondoggle.
The gas tax increase, which has built up considerable excess revenue for the state while state roads and bridges remain in disrepair and the I-73 project which would benefit special interest coffers do not fit into the categories of low tax or denying favors to special interests, the data warehouses may be the most egregious with their possible intrusions on public liberties.
Writing about the data warehouses on thenerve.org website several years ago, Ashley Landess, President of the S. C. Policy Council said in part:
“The Legislature has, in stages, created a sort of “information central,” passing laws that create two data warehouses to pull in information from agencies for health care and social services, education and workforce.
“The goals of this system are nebulous, the privacy protections flimsy, and the possibilities literally limitless as to what could be collected and how it could be used by government officials and politicians.
“It’s bad enough that so much sensitive data will be in one place. Our state has a poor track record of protecting personal information. But the greatest cause for alarm are the underlying motives for creating this system, and the broad range of government bureaucrats and politicians who would have access to your data.”

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County Council Guts Impact Fee Ordinance Before Final Passage

Horry County Council gave unanimous approval to third reading of an ordinance establishing impact fees on new construction but only after voting to reduce the fees by 81.5% before final passage.
To those who haven’t followed the issue closely, the reduction to only a nominal fee that will be charged may seem an action in the best traditions of a conservative council.
BUT IT’S NOT!
In fact, it is a huge victory for special interests to the detriment of average taxpayers in the county.
What eight members of council really voted for was to cave-in to the wishes of the development lobby while ignoring the wishes of the taxpayers.
The development lobby was successful in defeating attempts to impose impact fees at least twice in the last 15 years. After county voters supported instituting impact fees to help pay the cost of new development by a 72% vote in 2018, it was obvious some type of bone had to be thrown to voters this time around.
The question is not whether the explosive development the county is currently experiencing is going to increase the need for new or improved roads, new stormwater infrastructure, new fire stations, new parks and so on. Rather the question is who is going to pay for these improvements of basic needs.
Eight members of council, Johnny Vaught, Dennis DiSabato, Danny Hardee, Mark Causey, Orton Bellamy, Bill Howard, Cam Crawford and Gary Loftus voted to extend those costs to every taxpayer in the county rather than limit the charge to those causing the increase – namely owners of new construction whether private homes or commercial.
Council Chairman Johnny Gardner, and members Harold Worley and Tyler Servant voted against the amendments gutting impact fees and for the wishes of the voters as expressed in the referendum.
New single-family homes will be the class of construction that will generate the greatest proportion of the new fees. The first two readings of the impact fee ordinance passed with a fee amount of $6,645 per single-family home with other types of construction, multi-family, retail, hotel for example, having maximum fees imposed in accordance with state law.
Tuesday night the eight council members named above amended the ordinance to remove impact fees for road and stormwater infrastructure from the ordinance thereby reducing the fee for single-family homes from $6,645 per home to $1,236 per home.
But the costs for new and improved road and stormwater infrastructure to serve the new developments throughout the county won’t go away just because council removed those portions of the fee from the ordinance.

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Crunch Time for County Council and Impact Fees

Tuesday night Horry County Council will vote on third reading of an ordinance to impose impact fees on new construction in the unincorporated areas of the county.
Two and one-half years ago, nearly 75% of the voters said yes to an advisory referendum question asking whether county council should establish impact fees in the county.
Despite passing the first two readings unanimously, third reading passage of the ordinance is not assured.
On the table at third reading of the ordinance is imposition of an impact fee of approximately $6,600 for new single-family homes and varying impact fees for other types of new construction depending on the type.
Numerous sources have told me over the past two weeks the pressure on council members from the development lobby to water down the bill or kill it completely has been intense.
That lobby, composed of large landowners, builders and their associated sub-contractors and the real estate sales industry is pushing the message that impact fees will cause a significant slowdown in construction costing jobs and seriously impacting the local economy as well as making it more difficult in recruiting new businesses to the area.
The real reason for the opposition to impact fees is the builders do not want to pay $6.600 more out of their pockets each time they receive a new building permit. Developers will recover that money when the house is sold because the cost of impact fees will be passed on to the new homeowner, but they don’t want to float that sum for the few months between start of construction and sale in today’s market.
The impact fee will add approximately 2.5% to the cost of the average new home in Horry County. Prices on new homes have risen considerably more than that in the past year simply through market forces of supply and demand and sales of new homes have not slowed down because of the increasing price.
Impact fees in Horry County are not a new concept. Grand Strand Water and Sewer Authority has been collecting impact fees for a number of years. The statement in the county’s Imagine 2040 master plan explaining those fees is simple, “GSWSA collects water and wastewater capacity fees (impact fees) from new customers so that the current customer base does not bear the burden of new growth for both water and wastewater improvements.”
The development lobby used its same arguments when GSWSA imposed impact fees. Those arguments were totally false then and remain totally false now. One only has to drive around the county and view all the new construction projects in various stages of completion to see how false the argument is. GSWSA impact fees have not impacted new construction one iota.

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Fate of County Council Draws Near with Upcoming Vote on Impact Fees

In two weeks, the 12 members of Horry County Council will go a long way toward deciding their future fates with the voters when third reading of the county impact fee ordinance comes up for a vote.
In 2018, over 70% of voters approved establishing impact fees in the county on an advisory referendum question on the general election ballot.
Those voters have not forgotten their eminently clear message to county council – vote for impact fees.
On the table at third reading of the ordinance is imposition of an impact fee of approximately $6,600 for new single-family homes and varying impact fees for other types of new construction depending on the type.
The need for impact fees to pay for the costs of new development is quite simple. Revenue from those fees can be used to fund new capital projects in a variety of categories including roads, parks and recreation facilities, libraries, fire stations and police stations that will be needed to serve the huge amount of development currently underway in the county.
Using impact fees to pay for such new construction can reduce the pressure on the general fund to pay those costs or the need to impose such things as special projects sales taxes such as the RIDE tax.
To further exacerbate the issue, eight members of county council (Johnny Vaught, Dennis DiSabato, Cam Crawford, Gary Loftus, Bill Howard, Orton Bellamy, Danny Hardee and Mark Causey) provided the votes to pass the largest individual tax increase in Horry County history – 7.5 mils in the unincorporated area plus increases in two additional fees.
As one social media post noted about the tax increase, “Absolutely heinous that the special interests and county council put all this (costs of) new development on the backs of existing taxpayers. Unbelievable! If they had imposed impact fees when the majority of HC residents approved them several years ago, we wouldn’t have to have such huge mil increases. This is literally taxation without representation and it’s theft.”
And another, “The tax and spend so-called Republicans don’t give a flip. They will find any excuse to raise taxes on the hard-working residents of Horry County.”
Three members of county council, Chairman Johnny Gardner, Harold Worley and Al Allen received thanks for voting against the tax increase and “putting the people first.” Council member Tyler Servant was absent for the vote.
The message in those posts is certainly clear, but one wonders whether all council members are hearing that message.

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