Tag: eminent domain

Fixing the Damage Caused by the Myrtle Beach DRC

A sometimes heated public input session at last week’s DRC (Myrtle Beach Downtown Redevelopment Corporation) board meeting highlighted the agency’s confusion about its status and the responsibility it has to the public.

The DRC likes to tout itself as a private corporation and some of its recent moves, such as secretly purchasing properties in the Superblock until outed by local media, speak to that attitude.

 However, South Carolina law is clear that the DRC is a public body and, as such, owes the citizens full transparency of its actions.

The DRC was created by Myrtle Beach city ordinance and is funded from the parking fees collected from meters and lots on city property. The city set up a $10 million line of credit from a local bank for the DRC to purchase properties. Money to pay back draws on this line of credit comes from the parking fee revenues.

Among those entities defined as a public body subject to the S.C. Freedom of Information statute are “any organization, corporation, or agency supported in whole or in part by public funds or expending public funds․” S.C.Code Ann. § 30–4–20(a). 

 In a July 17, 2013 decision (DiSabato v South Carolina Association of School Administrators), the S. C. Supreme Court held, “When a block of public funds is diverted en masse from a public body to a related organization, or when the related organization undertakes the management of the expenditure of public funds, the only way that the public can determine with specificity how those funds were spent is through access to the records and affairs of the organization receiving and spending the funds.”

The parking fees, themselves, are a problem. They appear to violate deed restrictions included when Myrtle Beach Farms transferred company owned land to the city along the oceanfront.

This violation not only applies to parking areas charging fees along the Golden Mile, but also to the many areas in the south end of the city where parking fees have been charged for a number of years.

One of the deed restrictions states, “…property shall not be used for commercial purposes by any person, private corporation, municipal corporation or agency of government.”

If parking fees are collected, the revenue is dedicated to the DRC and the DRC uses this revenue to purchase property, how can the collection of the fees not be considered “for commercial purposes?”

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Storms Near as Myrtle Beach City Elections Filing Closes

It seems appropriate that filing closes for the upcoming Myrtle Beach city elections as the area awaits the possibility of tropical storm conditions.

This election cycle has already been stormy with more to come.

The incumbents running for reelection, Mayor John Rhodes and council members Randal Wallace and Mike Lowder, have received justified criticism of decisions made by council over the last several years.

I was looking back on stories from the election cycle two years ago. In one, I quoted an op-ed column by Mande Wilkes written three weeks before the 2015 election.

Wilkes criticized the “Asian fetish” of Myrtle Beach City Council while stifling local business investors with “the bizarre zoning laws, the oppressive signing ordinances, the climbing licensing fees, and the restrictive parking policies.”

“All of these rules add up to a suffocating environment for businesses, and that’s why Highway 17 is littered with empty storefronts and dilapidated buildings,” Wilkes wrote.

While the “Asian fetish” appears to be in the midst of a severe ‘crash and burn’, many of Wilkes’ other criticisms have not only not been addressed, but instead have been added to.

Shootings on Ocean Boulevard, indeed throughout the city, have been on the rise and city council responded with barricades along a section of Ocean Boulevard it apparently wants to redevelop.

The city surreptitiously bought up property in the Superblock area and, when it was exposed, threatened remaining private landholders with the use of eminent domain to acquire their properties.

The publicly stated reason for this land acquisition by the city – a new building for Chapin Memorial Library, a private-public partnership entity, and a new building for the totally private Children’s Museum.

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Myrtle Beach City Election Issues

Less than three weeks remain before filing officially opens for the upcoming Myrtle Beach city elections.

Already a number of people have emerged to announce their intention to run against the four incumbents up for reelection. While I’m sure there will be a large field of challengers, we won’t know exactly who is in the race until filing closes.

In the meantime, there are some interesting dynamics developing for this year’s election.

In the past few months, council has drawn criticism for the threatened use of eminent domain to take control of several properties in the Superblock after secretly purchasing approximately 10 other properties in that area.

After being exposed, the city announced a plan to redevelop the area with a new, $10 million building to, reportedly, house Chapin Memorial Library and a new Children’s Museum.

There are questions whether eminent domain taking of a property can be used for such a purpose and whether $10 million of taxpayer money is best spent on this project when public safety needs, among others, are critical at this time.

Shootings on Ocean Boulevard and in other parts of the city highlight the amount of violence that has infringed on Myrtle Beach streets. After the Father’s Day weekend incident during which eight people were wounded on Ocean Boulevard, the city placed barricades on one section of Ocean Boulevard, ostensibly for crowd control, but in front of retail stores and restaurants which occupy an area the city would also like to see be redeveloped.

The businesses in the area of the barricades reported drops in sales of 30-60 percent from previous years numbers.

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Smokescreen on Myrtle Beach Family Friendly Zone

Myrtle Beach city council and staff are apparently engaging in an elaborate smokescreen to mask the real reason behind the proposed family friendly zoning for Ocean Boulevard.

When council passed first reading of the ordinance establishing a family friendly zone on the boulevard between 16th Avenue North and 6th Avenue South the reason given was to make the boulevard safer.

It seems, according to the party line, that selling t-shirts and other novelty items with ‘suggestive’ phrases on them and the sale of hookahs and knives caused the spate of shootings which have become all too common on Ocean Boulevard.

It doesn’t seem to make any difference that all these items are sold legally and, in fact, have been sold for many years in many other areas of Myrtle Beach including other sections of the boulevard and in Coastal Grand Mall. For some reason, they only have this strange effect between 16th Avenue North and 6th Avenue South.

If you believe that one, I know of a bridge in Brooklyn for sale.

This action appears to fit into a bigger plan that has been talked about for decades. I submit this is the second step in a larger plan that began when the city used a ‘secret agent’ to buy up land in the superblock and now plans to use eminent domain to obtain the last several parcels that it couldn’t get secretly.

It is interesting to note that despite much talk about a new location for the Children’s Museum and Chapin Memorial Library, no money exists in the city budget to build such a structure.

It appears that this attempt to harass business owners in the proposed family friendly zone may well be nothing more than an attempt to create more empty buildings that can be bought, either secretly or overtly, at reduced prices by the city.

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Talking Politics on the Grand Strand

Talking Politics, a new political talk show, was introduced on the Grand Strand this week.

Co-hosted by Paul Gable and John Bonsignor and produced by CarolinaPolitics.org, the show will travel to locations around the Grand Strand to speak with political leaders and others involved in the most important and high profile issues of the day.

Click on the arrow below to view a discussion with Myrtle Beach City Council member Randal Wallace about issues such as eminent domain use by the city, the current discussions between city government and the oceanfront merchants and the Tourism Development Fee, otherwise known as the one-cent local option sales tax for tourism marketing.

Click on read full story to view the video.

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Budgets - Cuts, Spending and You

Budget Time for Local Governments

This week will see several local governments, particularly Myrtle Beach and Horry County, in budget workshops as next year’s revenue and spending is considered.

If you have never seen the local budget process in action, you should consider at least watching some of the workshop meetings on local cable television or live streaming on the internet.

After all, it’s your money they are spending and services for you they are supposed to be providing.

Much of the discussion will be on the agencies’ respective general funds. Those are the funds that pay for public safety, public works, administration and so forth.

For each agency, approximately 65% of general fund expenditures are for personnel pay and benefits.

However, the respective general funds are not the only budget areas that affect local citizens.

The Horry County Solid Waste Authority, which is a component unit of Horry County Government, is asking for a $7 per ton increase on the cost of dumping municipal solid waste (household garbage) at the Highway 90 landfill.

If county council approves a rise in the SWA MSW tipping fee, every household and business in the county will be paying more for garbage disposal.

The City of Myrtle Beach parking fees, which go to the Downtown Redevelopment Corporation and are currently helping fund the taking of businesses through the use of eminent domain, are a problem for all county residents.

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Myrtle Beach Eminent Domain Questionable – Updated

Update – Myrtle Beach City Council voted Tuesday to go forward with eminent domain proceedings to acquire the below mentioned two properties although the entire procedure remains on questionable footing.

This appears to be another example of council ignoring longstanding citizens comments in pursuit of what remains, in our opinion, a hidden agenda.

Questions are surfacing throughout Myrtle Beach and Horry County if this is really about locating a casino in downtown Myrtle Beach as the latest attempt to revitalize the area.

A new casino bill is in play in the S.C. General Assembly with specific mention that the two casinos allowed by the bill will be located on the Grand Strand. The latest justification for allowing casinos in South Carolina is to raise a continuing funding source for roads and schools.

One only has to look at the history of Atlantic City, N.J. to understand that such promises are often hollow.

We can only wait and watch developments in the superblock and surrounding areas while city elections draw ever closer.

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Questionable use of the power of eminent domains appears to be the next move as Myrtle Beach City Council looks to advance its superblock agenda.

Council is scheduled to vote on a motion to apply eminent domain to two properties in the superblock at its regular meeting Tuesday.

The following is an extract of the council agenda:

“Motion M2017-33 to authorize the City Manager and City Attorney to take the necessary legal actions to acquire properties located at 505 9th Avenue North (Tax Map #1810707016) and 801 North Kings Highway (Tax Map #1810707020), by the use of eminent domain. Such properties are to be used for public purposes, including but not limited to parks, plazas, museums and libraries.”

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