Jul 23 2009

Kiawah Town Council – July 7, 2009

“Well, we don’t have any old business, but we have a lot of new business,” said Mayor Wert as he opened the Kiawah Town Council meeting for July 7.

Heads up on bulkheads

“What we’ve found is that we don’t have a policy that requires homeowners to submit applications [for bulkheads and revetments] to the Town,” said the Mayor. “They have to submit them to the OCRM, but not to the Town. So we’re working on an ordinance that will at least require the property owner to notify the Town of their application before sending to the OCRM.” He pointed out that it’s not an ordinance change that they’re discussing, it’s a procedural change and he wanted to discuss the procedure before going forward. On opening the floor to discussion, Councilman Burnaford stated that he thought that requiring property owners to apply to the Town before applying to the OCRM was appropriate. Councilman Orban asked if property owners would still be able to build if the OCRM gave them the go-ahead, but the Town said “no”. Mayor Wert said that yes, the property owner would still be allowed to build. “I think it’s appropriate for the Town to be notified in advance,” said Councilman Lipuma. “It’s an information issue; we just want to be able to comment on it beforehand.” After some discussion about what would be required in the Town application, the Mayor said that another option would be a sort of “umbrella” approach. That is, the property owners would have to send the same package of information to the Town that they would be submitting to the OCRM. “That way, during the OCRM comment period, we can make our comments as well,” said the Mayor.
Joel Evans of Charleston County worked with Town Administrator Tumiko Rucker to come up with suggestions for what the applications to the Town would contain. After eliminating two of the suggested requirements, the submission of a Landscaping Plan and a copy of the engineered drawings of the proposed wall, Evans suggested the following application requirements:
1. Written request describing the project prior to application to the CORM with documentation of erosion on the site which provides justification for a bulkhead or revetment per section 17-202.
2. Site plan submitted showing existing conditions and proposed improvements.
3. Preliminary approval from the Kiawah Island ARB.

Recycling containers now available

Mayor Wert stated that the Ways and Means Committee approved $22,500 for the purchase of roll out recycling carts; $20,000 of which would be taken from the Enterprise Fund (a budgeted item) and $2,500 from the Enterprise Fund Contingency. According to the memorandum, the Town Staff has identified 328 single family homes that are not on the Town recycling program. The acquisition of the containers will allow each of those residents and any other resident that would like to upgrade to do so. The amount will be able to purchase 500 (35) gallon roll out carts. The motion was approved unanimously.

Solid Waste contract

It was brought before Council that the Town of Kiawah Island and Republic Services of South Carolina LLC d/b/a Fennel Container Company/Suburban Disposal Services entered into an agreement for the Collection of Residential Solid Waste dated March 13, 2003, extended for a period beginning July 1, 2008 through June 30, 2011, and incorporated  by reference as if stated  verbatim. In consideration of the one dollar ($1) and the mutual covenants contained in said agreement, the Town and Republic agree to the price list provided and incorporate it as part of the Agreement referenced herein. All other terms of said Agreement and amendment shall remain in full force and effect. Council approved the amendment unanimously.

The price list contains the following costs:

21 Beachwalker Drive:

• 1 (6) yard container serviced one time per week trash container – $111.60.
• Cardboard recycling (1 (8) yard container) serviced two times per week – $80.
• Roll off recycling containers (1 (20) yard comingle recycling container) serviced on a schedule or on call – $125 per haul and $90 per month lease.

21 Kestral Court:

• 1 (8) yard trash container serviced three times per week – $284.80.

3 Sora Rail Road:

• 1 (8) yard trash container serviced three times per week – $284.80.
• Cardboard recycling (1 (8) yard container) serviced two times per week – $80.
• Roll off recycling containers (1 (20) yard comingle recycling container) serviced on a schedule or on call – $125 per haul and $90 per month lease.

Regime dumpsters:

• 6 yard dumpsters – $50 per pick up.

Ordinance 2009-06: Control of Pets

The Council voted on an ordinance to amend Article 16, Chapter 5, Sections 16-501, 16-502, 16-503 and 16-504 relating to Control of Pets. Section 16-501, Restraint on the Beaches and Dunes, remains unchanged; 16-502, Restraint of Pets, will be deleted entirely (this section provided that pets were allowed off-leash if obedient to that person’s command at any time they are permitted outside a house or other dwelling or other enclosed area intended to confine pets.) and 16-503 will be renumbered at 16-502 and has been changed to state the following:

A. Owners may unleash their pets year round east of the Beach Club Property and west of the vehicular beach access located west of Beachwalker Park if the pets are controlled by voice command. This provision applies only during daylight hours, i.e. from one half hour after sunrise to one half hour before sunset.
B. At no time shall pets go into the dunes or pose a threat to pedestrians, cyclists, or other pets. At no time shall pets be permitted to disturb marked turtle nests or interfere with shorebird nesting in the areas posted.
C. No person shall permit any excrement from any animal under that person’s control to remain on the beach, but shall dispose of same in a sanitary manner.

Section 16-504 remains the same, but will be renumbered to 16-503.
Article 7, Public Safety, Chapter 2, Section 7-201, Restraint of Pets, will also be changed to read “All pets within Town limits, except as provided in Section 16-503, Restraint on the Beaches and Dunes, must be secured by a leash or lead at any time they are permitted outside, unless they are enclosed by a fence or restrained by an invisible fence.
The ordinance was approved unanimously.

A Public Hearing will be held on Ordinance 2009-06 on August 4 at 1pm in the Town Hall.

Ordinance 2009-07: Mandatory Participation in solid waste, yard debris and recycling services

“In the 1990s, the Town put an umbrella package in place to collect solid waste, but it did not cover the regimes,” said Mayor Wert. “I said that recycling would not be mandatory at first,” he stated, “but now I feel it should be required,” pointing out that Ordinance 2009-07 does just that. With a start date of January 1, 2010, the Mayor noted that all dwelling unit owners have between now and then to “get their house in order and be prepared to participate”. The Town has several recycling container choices available and on July 9, Councilman McHugh presented all of the options available to the regimes. “I’m the sacrificial lamb,” McHugh laughed.
Councilman Burnaford pointed out that whenever he left the country to visit his children in California, their household trash was strictly separated, noting that California provided “much more recycling options than we do”. “We should start the process,” he said. “It’ll be tough, but the 2010 deadline gives us time to do it.”
“It’s important of people to recognize the extent of the commitment the Town is making,” said Councilman McHugh. “This is an almost $300,000 commitment and that doesn’t include the cost of purchasing containers.”
Councilman Orban noted that he supported the initiative, but noted that it was not budgeted. “This will be a fairly substantial cost if all goes as plans,” he said. “I support it, we just don’t have the money for it. We’ll have to the funds out of contingency.” The Mayor reminded Orban that there was a surplus in 2008-09 and a reserve fund to cover the proceedings. “I know,” said Orban, “I just wanted to throw that out because I knew I’d get voted down,” he smiled.
Council voted to approve Ordinance 2009-07 unanimously.

A Public Hearing will be held on Ordinance 2009-07 on August 4 at 1:30pm in the Town Hall.

Report from the Arts Council

Councilman Lipuma stated that a week ago, Saturday, the Arts Council held their season end event. “I’m happy to report that the event ended with a bang,” said Lipuma. “Literally; there was lightning, thunder and even rain.” Despite the stormy weather, attendees enjoyed the first two-thirds of the evening and 70 or so people who arrived early at 6:30pm were given an excellent lesson in shagging. “It was a good season,” said Lipuma.
Parkway/Bikeway project update
Councilman Orban was happy to announce that the Corps of Engineers had finally approved the project; the last major permit needed before starting construction on the new Parkway and Bikepath. “We still need an approval for the bridge, but that’s minor,” Orban smiled. “We’re all moving ahead, Berkeley [Electric] is moving ahead; we’re plowing along and we’ll get ‘er done.”

Environmental report

Councilman McHugh noted that there had been some concern that the drainage area for the island located at Nicklaus Lane and Surfsong Road had collapsed, but “the good news is, it can be fixed without disruption [to services]”. He also noted that the OCRM has recently passed new legislation requiring South Carolina anglers to purchase a single fishing license to fish anywhere [land and sea] in both state and federal saltwaters. You may purchase a license by telephone 24 hours a day, seven days a week by calling toll free 1-866-714-3611 or by going online at: www.dnr.sc.gov/purchase.html. Licenses are also available at Sea Coast Sports and Outfitters in Freshfields Village. Lifetime licenses are also available for South Carolina residents (in residence for one year or more) who are 65 years of age or older.
McHugh also stated that there have been some unusual instances of dead fish in the island lakes, but the cause is mainly due to the recent excessive heat and its impact on aquatic vegetation.
Councilman Lipuma added a final statement on to the environmental report, noting that as an avid cyclist, he had been visiting the eastern end of the island where beach renourishment had taken place. “You should be proud,” he said, including not only the environmental committee, but all of Kiawah Island. “The area is becoming a real bird sanctuary, with birds heretofore unseen being seen there.” During Council comments, Lipuma also remarked that the internal cut in the lagoon on the east end was shifting. “It’s likely that the shoal is moving in to attach,” he said. “One day, we might have a freshwater lagoon. It’s interesting to watch these changes.”

Public Affairs report

Councilman Burnaford made a public service announcement, reminding residents that the State of South Carolina does not remind you when your license is about to expire, so check the expiration date on a regular basis to ensure that it hasn’t expired without your knowledge.
“Regarding the roads, everything has been pretty quiet since Charleston County is down [on vacation] until July 16,” said Burnaford. He reminded everyone to read the article by Joe Croughwell in the last edition of the Island Connection. The article goes in depth about accidents over the past two years on Johns Island and “It’s pretty impressive,” said Burnaford. He also stated that he and Dr. Paul Roberts had met with Council member Colleen Condon in regards to the roads; what the County is doing and what they were proposing [the Johns Island Greenway]. “She seemed to go for it,” said Burnaford. “But we’re not sure if she’ll vote for it.”

Anyone for a game of Polo?

In the Mayor’s report, Mayor Wert said that it was interesting that the OCRM put the new fishing laws into effect on the first of July and that same day, OCRM officers were on the beach issuing warnings. He also thanked Kiawah Development Partners and the Golf Resort for the “magnificent display of fireworks” on July 3.
On another note, Mayor Wert said that they are considering bringing a Polo exhibition to the beach in September. The event would take place around the Beach Club and would be open to the public. “There used to be horse races on the beach in the mid 70s,” said the Mayor. “This would be an extension of that. KICA is supporting it and we’ll do what we can.” He then laughingly noted that Councilman McHugh, as the head of the environmental committee, would “have to keep an eye on it [the Polo event],” and ensure that the beach property was maintained and unsoiled by the horses.
During comments, Councilman Burnaford noted that, having lived in England for some time and attending Polo matches there, that one of the activities of a Polo event is to stomp the field between matches. “I suggest people bring buckets and shovels to help clean up after the horses,” he smiled.

The end times of a sign

“Steve [Orban] and I had the job of redesigning a sign for the front gate,” said Councilman McHugh. “We went to extreme measures to put in a new sign, only to have it taken out in its first 14 minutes of life,” he sighed, noting that a car hit the sign shortly after it was put in place.

One safe Fourth of July

As a last comment for the meeting, Mayor Wert noted that the Beach Patrol was very active on July Fourth, but that everything had gone very smoothly. The “no fireworks” sign was stolen and later found in the back of a pickup truck and Beach Patrol reported the following incidents for the July 4th weekend: six dogs off the leash, five foot injuries, two stingray injuries, one jellyfish injury, several incidents of glass containers on the beach, warnings for underage drinking, and one citation for possession of an illegal substance.

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