Since the City of Myrtle Beach killed a funding source for Interstate 73 with the hospitality fee lawsuit against Horry County, the cabal that stands to benefit from construction of the road has been attempting to keep the project alive.
In the last two years of his tenure as county chairman, Mark Lazarus led council to remove the sunset provision in the county’s hospitality fee ordinance. Then, Lazarus convinced council to approve a financial participation agreement with the S. C. Department of Transportation to provide dedicated funding for the interstate project.
Lazarus’ entire scheme to provide county funding for construction of I-73 blew up with the hospitality fee lawsuit and recent settlement.
Congressman Tom Rice, and state Reps. Heather Crawford and Russell Fry and former Rep. Alan Clemmons didn’t even get as far as Lazarus in securing funding for construction of Interstate 73 despite constantly proclaiming the project a major priority.
The most successful representative in obtaining funds for I-73 was former SC 1st Congressional District Rep. Henry Brown in the days when Horry County was part of that district. During his 10 years in Washington, Brown managed to secure approximately $83 million total for the road. Brown served in Congress from Jan. 2001 to Jan. 2011.
According to sources familiar with the project, SCDOT is currently spending the last of the Brown secured funding to purchase rights of way in the Mullins area.
Rice has demonstrated no ability to secure federal funding to move the I-73 project forward. Neither have Fry, Crawford and previously Clemmons at the state level.
Grand Strand Daily has learned that a recent private meeting was held after Gov. Henry McMaster made an address to the Myrtle Beach Area Chamber of Commerce. The meeting included McMaster, Myrtle Beach Mayor Brenda Bethune, North Myrtle Beach Mayor Marilyn Hatley and Horry County Council member Dennis DiSabato. The meeting reportedly discussed providing some state funding, with local matching funds, to keep the project alive.
It is interesting that McMaster chose to meet with Bethune and Hatley, the two mayors who played the largest part in eliminating I-73 funding from hospitality fee revenue, as well as DiSabato who will struggle to get seven votes among council members for the proposal. One wonders, where was Horry County Council member Johnny Vaught when this meeting occurred. Vaught was attached at the hip to Lazarus with attempting to provide dedicated annual funding for I-73 from hospitality fee revenue.
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Tag: Interstate 73
Tom Rice Voted His Retirement Wednesday
By voting to impeach President Donald Trump on Wednesday, South Carolina 7th Congressional District Representative Tom Rice effectively announced his retirement from Congress.
Representing one of the most solidly pro-Trump districts in the nation, Rice’s vote drew nearly 3,000 Facebook comments in a matter of a few hours after his vote. The overwhelming majority of those comments were telling Rice he would never get their vote again and he should immediately retire.
There has always been a debate about whether a Congressman’s vote should represent the wishes of his constituents or that by electing him, his constituents effectively give him permission to vote as he determines proper.
Most congressmen do some of both, but occasionally an issue arises that most congressmen understand that they must vote the wishes of their constituents or suffer the consequences. The question of whether or not to impeach the president was just such an issue in the 7th Congressional District and Rice either didn’t understand the mood of his constituents or just didn’t care.
It’s interesting to note that local officeholders who rush to get Rice’s endorsement at election time and always show up for a photo op with him when he is in town, Luke Rankin, Heather Ammons Crawford, Cam Crawford, Russel Fry and newly elected Case Brittain quickly come to mind, have offered no defense of Rice on this issue.
They understand discretion is the better part of valor on this issue and defending Rice’s vote would only serve to put their future election prospects in peril.
While the overwhelming number of Republican voters in Horry County, who also happen to be the overwhelming number of voters in the county, condemned Rice’s vote, he did garner thanks from the county Democrats.
A press release by the Horry County Democratic Party said in part, “Jan. 13, 2021 — The Horry County Democratic Party today thanked Rep. Tom Rice (R-SC-7) for joining nine other Republicans and every Democrat in the House of Representatives to impeach President Donald Trump.”
Incumbents Rule Primary Elections
Primary election night was ruled by incumbents at all levels.
Only one incumbent lost, Janice Morreale in the District 5 school board race, and that was not a loss to a newcomer. Former county councilman for that district, Howard Barnard, defeated Morreale. Barnard gave up his council seat when he unsuccessfully ran for council chairman 10 years ago.
There will be newcomers to the county council District Nine seat and Horry County Auditor as incumbents Paul Prince and Lois Eargle, respectively, did not seek reelection. Both races will go to a primary runoff in two weeks with Mark Causey and Terry Fowler squaring off for District 10 and R. A. Johnson facing Beth Calhoun for Auditor.
One other incumbent, Sen. Luke Rankin, was forced to a runoff with challenger John Gallman in two weeks as either failed to get over 50 percent of the votes cast.
The victories by the incumbents effectively guarantee that the special interests in the county will play a big role over the next several years to the detriment of average citizens.
There is no doubt there will be a renewed effort to use county tax revenues, not state or federal dollars, to construct the Interstate 73 section in Horry County.
Likewise, developers will continue their push to build anywhere they wish, as much as they wish without any consideration for existing infrastructure and public safety needs of the areas to be developed.
Expect any county council attempt to pass impact fees on new development to be foiled and flood mitigation to be put on the back burner as special interests strive to make as much profit as possible.
There is no doubt that the Covid 19 epidemic played a part in the loss of the challengers as they were restricted in any ability to address groups of voters. Incumbents already had familiarity and name recognition going for them.
However, the basic fault lies with voters, or rather lack of them.
Clemmons Attempts to Dictate I-73 Funding to Local Governments
Rep. Alan Clemmons chaired a sub-committee meeting Wednesday at the state house for a hospitality fee bill that attempts to dictate what local governments must do with regard to spending hospitality fee revenue.
After the meeting, Clemmons attempted to put a positive spin on the meeting by telling a local television reporter, “They say that when both parties aren’t happy then you’ve usually reached a fair middle ground.”
I’m not sure who “they” are, but that thinking doesn’t apply in this case. The reason nobody from the cities or county representatives at the meeting voiced anything positive about the bill is this really is a terrible bill.
Clemmons is one of the sponsors of the bill joined by Russell Fry, Heather Ammons Crawford and Tim McGinnis. It is notable here that the four can’t even get the entire Horry County delegation signed on as co-sponsors.
Clemmons has tried to spin the bill as a settlement for the lawsuit between Myrtle Beach and Horry County.
It is not.
The real purpose of the bill is to attempt to force local governments in Horry County to do what the ‘failing four’ can’t get done at the state level – Fund Interstate 73. The entire focus in Columbia is to get as much funding for I-73 from hospitality fee revenue as possible while ignoring the many more immediate, local government needs that the revenue could be used toward.
Initially this bill tried to dictate that all the hospitality fee revenue be used for I-73 construction. An amendment was approved Wednesday that would give the cities approximately one-half of the revenue to use for improvement of tourist related infrastructure and to fund other tourist related needs. The county would get zero for local needs.
The formula established in the amendment would provide approximately $20 million annually to I-73 construction costs within Horry County. Note – Horry County is being asked to be the only county in the history of interstate highway construction to completely fund construction costs of the portion of the interstate highway within its borders through locally generated tax revenue.
Future state and federal funding, if ever appropriated, is projected to be spent in Marion, Dillon and Marlboro counties, not Horry.
Myrtle Beach’s Problem with the Truth about I-73 Funding
Myrtle Beach city government just can’t keep itself from spinning stories in an attempt to make itself look good while hiding the truth from the public.
The following post, which appeared on the city government Facebook page yesterday, is a perfect example of the city’s spin:
“The City of Myrtle Beach supports I-73…
“The Myrtle Beach City Council is on the record as supporting I-73. Twice in the past year, City Council has approved resolutions expressing its support for I-73. In April 2019, Council publicly stated that it would devote financial resources to I-73 once the Hospitality Fee issue was resolved. Myrtle Beach has demonstrated its commitment to I-73. Question: Has the Horry County Council voted publicly to support I-73?”
The day Myrtle Beach filed suit against Horry County to stop countywide collection of the 1.5% Hospitality Fee, the local revenue stream for funding I-73 dried up.
The above post says in April 2019 Myrtle Beach city council approved a resolution expressing support for I-73. The resolution was passed after city council refused a settlement offer for the Hospitality Fee lawsuit from county council that provided funding for I-73.
The county’s settlement offer would have designated one-third of the revenue from countywide collection of the 1.5% Hospitality Fee to fund I-73 with the remaining two-thirds of the revenue collected within the city limits being transferred back to the city for use as city council determined.
The following is an extract from a letter Myrtle Beach Mayor Brenda Bethune wrote to county Chairman Johnny Gardner rejecting the settlement offer:
“Thank you for your letter of April 3. As you are aware, the Myrtle Beach City Council has expressed its willingness to commit support for the I-73 project. However, since the proposed funding source is the subject of litigation, we are unable to engage in negotiations under the terms described in your letter and related attachments.
State Legislation Would Not Solve Lawsuit or I-73 Funding
A bill being sponsored by four local state representatives is erroneously being promoted as legislation that would settle a lawsuit between Myrtle Beach and Horry County and provide funding for Interstate 73.
Nowhere in the original complaint or subsequent motions of that lawsuit, filed March 2019, is Interstate 73 mentioned.
The legislation, H4745, sponsored by Reps. Alan Clemmons, Russell Fry, Heather Ammons Crawford and Tim McGinnis would provide the extension of what is called a countywide ‘legacy hospitality fee’ as long the revenue derived from the countywide portion is used specifically to fund an interstate highway project.
When Myrtle Beach filed the original complaint last March, it specifically sought end collection of a 1.5% countywide hospitality fee within its corporate limits. Immediately after filing the lawsuit, Myrtle Beach city council passed new accommodations and hospitality fee taxes, allowed by current state law, to capture revenue from those levies for use on projects of council’s discretion within the city limits.
North Myrtle Beach and Surfside Beach quickly followed Myrtle Beach’s lead in passing new accommodations and hospitality taxes within their respective jurisdictions.
The day Myrtle Beach filed its lawsuit seeking to stop collection of the countywide hospitality fee, countywide funding for I-73 was dead.
A section of the original complaint filed by Myrtle Beach claims the 1.5% countywide hospitality fee, established by a 1996 county ordinance, was illegally extended by county council when a sunset provision was removed from the ordinance in April 2017.
County council voted to remove the sunset provision at the urging of then county chairman Mark Lazarus. It was Lazarus who introduced I-73 into the discussion by mentioning the I-73 project as one of the possible future uses of hospitality fee revenue.
A current proposed settlement for the lawsuit ends any authority of the county to continue countywide collection of the 1.5% hospitality fee and allows all the cities within the county to collect and use the revenue from their newly passed hospitality and accommodations taxes as their respective councils determine within their respective jurisdictions.
Citizen Activists Changing the County’s Political Landscape
The engagement of citizen activists in the political system of Horry County was the biggest story of 2019. This year it will prove to be even bigger with county and state elections on the calendar.
Three of those council members, DiSabato, Loftus and Crawford have been charter members of what I have termed the ‘Deep Six’ on county council who generally do the bidding of the oligarchs.
Groups such as Empowering Horry County, Horry County Rising, Make Myrtle Beaches Free, Clean and Safe, and Highway 90 Corridor Concerns, to name a few, have made effective use of social media to band together groups of citizens so their message becomes part of the political discussion.
That message is simple, these citizen activists want a government that provides the necessary goods and services expected of it and does not overreach with wasteful spending of taxpayer dollars on projects that only benefit the few.
They want elected officials who will provide the public safety services needed to keep the communities safe and who will maintain and upgrade, when necessary, existing infrastructure to benefit the entire community, especially in the areas of roads and storm water management. They want controlled development so that new sub-divisions do not negatively impact the homes and lives of those who already live here.
Horry County has had an oligarchical form of government where a small number of influential business owners and developers have controlled politicians and political decisions for decades. These new groups of citizen activists want to expand the existing political landscape into one that more closely resembles a representative democracy where the voices of the many, not just the few, are heard.
Five Horry County Council members, Dennis DiSabato, Gary Loftus, Cam Crawford, Paul Prince and Danny Hardee will be up for reelection this year as will all the state representatives and senators. This year many of them used to having no opposition will face challengers in the primaries (the only elections that really count in this one party state).
Horry County Council Votes Unanimously to Cancel I-73 Contract
Horry County Council voted unanimously at its regular meeting Tuesday night to cancel the Financial Participation Agreement with the South Carolina Department of Transportation that would have provided funding for the Interstate 73 project.
The agreement was approved by council during a special meeting held on November 28, 2018 and signed by former county administrator Chris Eldridge on December 13, 2018. Former council chairman Mark Lazarus led the charge to get the agreement signed before he left office December 31, 2018. Lazarus and Eldridge were the two foremost proponents of having the county enter into the agreement with SCDOT.
In addition, Lazarus and Eldridge were instrumental in orchestrating the elimination of a sunset provision from the county’s hospitality fee legislation earlier in 2018 in order to direct revenue to I-73.
But it all began to fall apart in March 2019 when the City of Myrtle Beach sued Horry County over continued collection of hospitality fees after the bonds for the first RIDE projects were paid off, an action the city called illegal.
Last spring, Horry County Council approved a resolution to refund hospitality fee revenue collected within the municipal boundaries to the respective cities where it was collected. The resolution included a proposal for the municipalities and the county to provide some funding for I-73 with percentage contributions from each agency in line with the percentage of the total amount of hospitality fee revenue each city received.
The cities dismissed that resolution out of hand.
Now, the cities and the county are considering a settlement agreement to the lawsuit with virtually the same terms with the exception that the cities will be on the hook to pay their attorneys 33% of the refunded revenue, approximately $7 million.
The blame for the cancellation of the I-73 agreement can be laid directly at the feet of Myrtle Beach and the other cities that joined in the lawsuit and refused to accept virtually the same settlement they are now considering.
Several county council members, including Chairman Johnny Gardner and council members Harold Worley and Johnny Vaught made exactly the point that the cities could have had the same settlement without paying such large attorney fees by accepting the resolution in the spring. It must also be noted the I-73 contract would not have been cancelled if the cities had taken this action.
Smooth Evacuation Contradicts I-73 Claims
The Grand Strand evacuated Zone A yesterday in preparation of the oncoming Hurricane Dorian.
Zone A includes all properties east of U.S. 17, Kings Highway in Myrtle Beach. In other words, the major portion of hotels along the Grand Strand and those permanent residents who evacuated.
The evacuation went smoothly – no major traffic jams on the routes out and no sitting in an idling car on the highways for hours at a time.
I personally drove to Myrtle Beach at 11:30 a.m. yesterday morning along S.C. 22 and back just after 3 p.m. Traffic going west on S.C. 22 on my trip in was the heaviest I have ever seen on that highway and I have lived here 15 years before that road was built.
Although the traffic was heavy, it was moving slowly but steadily and the traffic at the on ramp from S.C. 31 was about one mile long but moving.
When I went home, going west on S.C. 22 at three o’clock, there was no traffic to speak of all the way to Hwy 90 where I exited.
I have been told by locals who travelled U.S. 501 and Hwy 544, the same conditions prevailed – heavy traffic moving slow but steady and gone by mid-afternoon.
All of this was accomplished with normal traffic flow – no lane reversals on any of the highways.
This is the second year in a row that evacuation in preparation for an oncoming hurricane went this smoothly.
What does all of this mean? We DON’T need I-73 to ensure a safe, smooth evacuation from the Grand Strand.
Last year, after Hurricane Florence, Seventh District Congressman Tom Rice asked Gov. Henry McMaster to amend the state’s request for hurricane relief funds to include $348 million in immediate funding for I-73.
A statement on Rice’s Congressional website announcing the request read,” I wrote a letter to Governor Henry McMaster urging him to amend his application to the federal government for disaster relief from Hurricane Florence to include immediate funding for I-73 as an adequate evacuation route. In the wake of Hurricane Florence’s devastation, and the ongoing, life-threatening risks it poses to our residents, funding an adequate evacuation route for the Grand Strand needs to be a top priority.”
County Council Kicks I-73 Decision Down the Road
Horry County Council again dodged making a definitive decision on the I-73 contract with SCDOT at its special meeting Wednesday.
Instead of voting to cancel or go forward with the contract, council voted to defer a final decision until the end of the year.
In the meantime, council has asked the cities to step up with funding for the project or the county would be forced to cancel the contract by December 31, 2019.
In simple terms, the county does not have the ability to fund the up to $25 million per year currently promised in the contract. SCDOT has asked for $12.5 million in the first year, but plans to bond against $25 million per year in future years.
The City of Myrtle Beach continues to cloud the truth by saying the county can fund the contract with its hospitality fee revenues from the unincorporated areas. This is not true.
With the county now banned from collecting a 1.5% hospitality fee, the municipalities and the cities collecting their own hospitality and accommodations taxes, the county has no more than approximately $10 million it can designate for I-73.
In order to reach the $25 million per year called for in the SCDOT contract, Myrtle Beach would have to pledge approximately the same as the county, $10 million per year, and North Myrtle Beach, Surfside Beach, Conway, Loris, Aynor, Atlantic Beach and Briarcliff would have to combine to make up the remaining $5 million.
I don’t believe any of that is going to happen. Not only would the cities have to pledge the funds each year, there would need to be an intergovernmental between the county and the municipalities formalizing those commitments and each party would need to sign the contract with SCDOT.
Those are the details of what needs to happen to keep the SCDOT contract alive. However, there are other details that make keeping the contract more disturbing.
Speak Up…