Real Property Committee
4:00 p.m., Tuesday, July 3, 2018
City Hall Conference Room
1207 Palm Boulevard
AGENDA
1. Call to Order and acknowledgement that the press and public were duly notified of the meeting in
accordance with the Freedom of Information Act.
2. Approval of Previous Meeting’s Minutes
Regular Meeting of June 6, 2018
Special Meeting of June 21, 2018
3. Citizens’ Comments - Presentation of bike sharing program – Holy Spokes
4. Comments from Marina Tenants
5. Old Business
A. Results of RFP 2018-01 – Engineering, Design and Permitting for Isle of Palms Marina Docks
Rehabilitation
B. Update regarding 1100 Palm and right-of-way on Pavilion Drive
C. Discussion of Ordinance 2018-09 – n Ordinance to allow public parking on lots located in SR-1,
SR-2, LC and GC-1 Zoning Districts as a temporary use subject to certain conditions
D. Update on removal and replacement of underground storage tanks
E. Status of dumpster near The Dinghy
F. Review and update on Marina tenants’ discussions
6. New Business
A. Unlicensed business operating at IOP Marina; no lease with City or marina
B. Derelict or abandoned properties
1. Definition
2. Current ordinances
3. Enforcement
C. Discussion of restrictions to non-conforming use ordinance
7. Miscellaneous Business
Tenant Rents Report
Next Meeting Date: 4:00 p.m., Wednesday, August 1, 2018 in the Conference Room
8. Executive Session in accordance with S.C. Code Section 30-4-70(a)(2) to receive legal advice
concerning potential claims related to 1100 Palm Boulevard and right-of-way on Pavilion Drive
Executive Session in accordance with S.C. Code Section 30-4-70(a)(2) to receive legal advice
concerning potential claims related to the Marina leases
Upon returning to open session, the Committee may take action on matters discussed in Executive Session.
9. Adjournment
, Real Property Committee
4:00 p.m., Wednesday, June 6, 2018
The regular meeting of the Real Property Committee was held at 4:00 p.m., Wednesday, June 6,
2018 in the City Hall Conference Room, 1207 Palm Boulevard, Isle of Palms, South Carolina.
Attending the meeting were Councilmembers Ferencz and Ward, Chair Bell, Interim City
Administrator Fragoso and Clerk Copeland; a quorum was present to conduct business.
1. Chair Bell called the meeting to order and acknowledged that the press and public were
duly notified of the meeting in accordance with the Freedom of Information Act.
2. Approval of Previous Meetings’ Minutes
MOTION: Councilmember Ward moved to approve the minutes of the regular
meeting of May 10, 2018 and the Special Meeting May 22, 2018 as submitted;
Councilmember Ferencz seconded and the motion PASSED UNANIMOUSLY.
3. Citizens’ Comments
Elizabeth Campsen, 32 Intracoastal Court, addressed the Committee on Item B under New
Business, the “Discussion of Ordinance 2018-09” and commented that she did not think that
parking at Citadel Beach House could be done under the terms of non-conforming status in a
residential neighborhood. Her understanding was that parking at the Citadel Beach House was
restricted to guests of the venue or members of the Citadel family using the beach. The full text
of her remarks is attached to the historical record of the meeting.
Arnold Karig, 5102 Palm Boulevard, indicated that he supported the comments made by Ms.
Campsen about the encroachment of commercial operations into residential neighborhoods; he
offered that the results of the last election was a clear indicator of how residents feel about the
issue. He reported having attended many Council meetings where the issue of overflow parking
encroaching into the neighborhoods was discussed, but a solution was not found. Recently he
has heard about an ordinance that would facilitate pushing commercial activity into residential
areas of the island, and he stated that he was “violently opposed” to its adoption. He opined that
Wild Dunes should have the ability to accommodate the additional parking within the confines of
the resort. He advocated to preserve the integrity of the SR-1 zoning for the neighborhoods.
MOTION: Councilmember Ward moved to re-order the Agenda to take up the
discussion of Ordinance 2018-09 before Old Business; Chair Bell seconded and the
motion PASSED UNANIMOUSLY.
MOTION: Chair Bell moved to add “Discussion of the Special Marina Operations
meeting of May 22;” Councilmember Ward seconded and the motion PASSED
UNANIMOUSLY.
4. Comments from Marina Tenants
Michael Fiem of Tidal Wave Watersports thought that possibly members of the Committee have
seen evidence of a bike sharing program that operates in downtown Charleston. He reported that
he has reached out to them, and they are very eager to make a presentation to the City. In
addition to bicycles, they have a low voltage vehicle share program. He said that he was offering
, Real Property Committee
June 6, 2018
this option to help with the parking issues on the island and asked if he could bring them to the
next meeting.
Chair Bell said that he would be happy to add that to the Agenda for the next Committee meeting,
Mr. Fiem then asked the Committee’s approval to construct a fence between his business and
the adjacent Smith property; he stated that he would also like to re-do the green fence and to
improve its appearance. He told the Committee that he would be spending his money and not
seeking funding from the City.
The Chair commended Mr. Fiem for coming to the Committee on at least two (2) occasions with
creative ideas to address problems.
Chris Crolley, owner of Coastal Expeditions, stated that he had been forwarded a document with
the Morgan Creek Grill logo on it. He thought there were reasonable requests at the beginning
of the document then he came to a paragraph dedicated to changes that should be made to the
parking for his business. The letter he was referring to was a list of comments/recommendations
presented to the Committee at the May 10th meeting and discussed at the May 22nd meeting; the
comments relative to Coastal Expeditions are the following:
“Regarding Coastal Expeditions, we ask that the trailer be moved off its current location
within the shared tenants parking area. We understand through conversations with the
City that they were allowed 3 parking spaces which should amount to 16ft total width for
the trailer and its operation. Their current footprint is 30ft wide. In addition we are told
that they are out of compliance with the variance obtained from the city. Be reminded that
MCG was never consulted or notified of the placement of the trailer.” 2
Chair Bell responded saying that he thought Mr. Berrigan, marina manager, should look at these
businesses and weigh them in terms of their impact on the capacity of the site relative to the value
that they bring in commercially.
Mr. Crolley stated that he felt unappreciated and under appreciated by this Council and he did not
know why.
According to the Chair, Council and this Committee were working with a marina that was over-
crowded and a marina the residents feel they have lost control of. He remarked that the
Committee was working to find a balance, but the members feel that, despite the discussions,
nothing has been accomplished.
Councilmember Ward said that the Committee would continue to work hard on trying to reconcile
some of the problems, but they would expect to get cooperation and respect from the tenants in
return.
Jay Clarke, owner of Morgan Creek Grill, came forward to rebut some of the statements Mr.
Crolley said, and he confirmed that the letter Mr. Crolley referred to was the memo with bullet
points discussed at the May 10th and May 22nd meetings. He stated that he had measured the
trailer and pointed out that one (1) instance when Coastal Expeditions was out of compliance was
when the trailer was not moved off the marina site for the winter.
6. New Business
, Real Property Committee
June 6, 2018
B. Discussion of Ordinance 2018-09
MOTION: Councilmember Ward moved to discuss Ordinance 2018-09;
Councilmember Ferencz seconded and the motion PASSED UNANIMOUSLY.
Chair Bell explained that this ordinance had come as the result of Administrator Tucker’s
suggestion that the Committee look at all possible locations on the island where marina
employees might park. He noted that the preferred location for employee parking was the Water
and Sewer Commission’s location on Waterway Boulevard, but it was not available due to
Homeland Security issues. The drop-back location became the Citadel Beach House parking lot,
and they responded to the Mayor’s request to use it saying they would like to meet since they had
already arranged with Wild Dunes to allow parking for the construction crews during the
construction of the new hotel. The Chair reported that the Ordinance appeared on the May
Council Agenda without coming before the Real Property Committee. He expressed agreement
that Wild Dunes will experience overflow parking issues once the new hotel was constructed.
Councilmember Ward stated that he took the City’s ordinances very seriously and that Council
was dedicated to protect the ordinances and to hold them firmly in place and to remain steadfast.
No changes at all and the City will be fine, but Council had to be vigilant. He concluded that, for
the reasons stated, he would not support passage of this ordinance.
Chair Bell opined that the ordinance as presented might need more specificity prohibiting this use;
he then asked for a legal opinion on it that would explain the changes needed and to then move
it through the full Council.
Councilmember Ferencz stated that this ordinance had come as a result of looking for a place for 3
marina employee parking; the Committee has learned that they do not have the authority to do
that because the leases clearly state the marina employees will park on the marina property. She
noted that the responsibility to make that happen fell to the marina manager.
Chair Bell stated that it was not the intent of the Real Property Committee to bring that ordinance
forward, but the Committee did want to know how to make it more specific to prohibit incursion
into the neighborhoods.
Interim Administrator Fragoso explained that, if the intent of the Committee was to allow marina
employee off-site parking at the Citadel Beach House, Ordinance 2018-09 would need to be
adopted in its present form. On the other hand, if the intention is to prohibit marina employee
parking at the Citadel, a different amendment would be needed specifying the prohibition. This
ordinance will not prohibit parking of the construction crews building the new hotel in Wild Dunes.
MOTION: Chair Bell moved to move forward to find the legality of making the
zoning districts as defined in the City Code more specific; Councilmember Ward
seconded and the motion PASSED UNANIMOUSLY.
5. Old Business
A. Update on alternate Marina off-site parking for employees
Chair Bell stated that the best offer the City could make to the marina tenants was the City parking
lot and a shuttle or use of the Public Works site; in general, any property without a residential
4:00 p.m., Tuesday, July 3, 2018
City Hall Conference Room
1207 Palm Boulevard
AGENDA
1. Call to Order and acknowledgement that the press and public were duly notified of the meeting in
accordance with the Freedom of Information Act.
2. Approval of Previous Meeting’s Minutes
Regular Meeting of June 6, 2018
Special Meeting of June 21, 2018
3. Citizens’ Comments - Presentation of bike sharing program – Holy Spokes
4. Comments from Marina Tenants
5. Old Business
A. Results of RFP 2018-01 – Engineering, Design and Permitting for Isle of Palms Marina Docks
Rehabilitation
B. Update regarding 1100 Palm and right-of-way on Pavilion Drive
C. Discussion of Ordinance 2018-09 – n Ordinance to allow public parking on lots located in SR-1,
SR-2, LC and GC-1 Zoning Districts as a temporary use subject to certain conditions
D. Update on removal and replacement of underground storage tanks
E. Status of dumpster near The Dinghy
F. Review and update on Marina tenants’ discussions
6. New Business
A. Unlicensed business operating at IOP Marina; no lease with City or marina
B. Derelict or abandoned properties
1. Definition
2. Current ordinances
3. Enforcement
C. Discussion of restrictions to non-conforming use ordinance
7. Miscellaneous Business
Tenant Rents Report
Next Meeting Date: 4:00 p.m., Wednesday, August 1, 2018 in the Conference Room
8. Executive Session in accordance with S.C. Code Section 30-4-70(a)(2) to receive legal advice
concerning potential claims related to 1100 Palm Boulevard and right-of-way on Pavilion Drive
Executive Session in accordance with S.C. Code Section 30-4-70(a)(2) to receive legal advice
concerning potential claims related to the Marina leases
Upon returning to open session, the Committee may take action on matters discussed in Executive Session.
9. Adjournment
, Real Property Committee
4:00 p.m., Wednesday, June 6, 2018
The regular meeting of the Real Property Committee was held at 4:00 p.m., Wednesday, June 6,
2018 in the City Hall Conference Room, 1207 Palm Boulevard, Isle of Palms, South Carolina.
Attending the meeting were Councilmembers Ferencz and Ward, Chair Bell, Interim City
Administrator Fragoso and Clerk Copeland; a quorum was present to conduct business.
1. Chair Bell called the meeting to order and acknowledged that the press and public were
duly notified of the meeting in accordance with the Freedom of Information Act.
2. Approval of Previous Meetings’ Minutes
MOTION: Councilmember Ward moved to approve the minutes of the regular
meeting of May 10, 2018 and the Special Meeting May 22, 2018 as submitted;
Councilmember Ferencz seconded and the motion PASSED UNANIMOUSLY.
3. Citizens’ Comments
Elizabeth Campsen, 32 Intracoastal Court, addressed the Committee on Item B under New
Business, the “Discussion of Ordinance 2018-09” and commented that she did not think that
parking at Citadel Beach House could be done under the terms of non-conforming status in a
residential neighborhood. Her understanding was that parking at the Citadel Beach House was
restricted to guests of the venue or members of the Citadel family using the beach. The full text
of her remarks is attached to the historical record of the meeting.
Arnold Karig, 5102 Palm Boulevard, indicated that he supported the comments made by Ms.
Campsen about the encroachment of commercial operations into residential neighborhoods; he
offered that the results of the last election was a clear indicator of how residents feel about the
issue. He reported having attended many Council meetings where the issue of overflow parking
encroaching into the neighborhoods was discussed, but a solution was not found. Recently he
has heard about an ordinance that would facilitate pushing commercial activity into residential
areas of the island, and he stated that he was “violently opposed” to its adoption. He opined that
Wild Dunes should have the ability to accommodate the additional parking within the confines of
the resort. He advocated to preserve the integrity of the SR-1 zoning for the neighborhoods.
MOTION: Councilmember Ward moved to re-order the Agenda to take up the
discussion of Ordinance 2018-09 before Old Business; Chair Bell seconded and the
motion PASSED UNANIMOUSLY.
MOTION: Chair Bell moved to add “Discussion of the Special Marina Operations
meeting of May 22;” Councilmember Ward seconded and the motion PASSED
UNANIMOUSLY.
4. Comments from Marina Tenants
Michael Fiem of Tidal Wave Watersports thought that possibly members of the Committee have
seen evidence of a bike sharing program that operates in downtown Charleston. He reported that
he has reached out to them, and they are very eager to make a presentation to the City. In
addition to bicycles, they have a low voltage vehicle share program. He said that he was offering
, Real Property Committee
June 6, 2018
this option to help with the parking issues on the island and asked if he could bring them to the
next meeting.
Chair Bell said that he would be happy to add that to the Agenda for the next Committee meeting,
Mr. Fiem then asked the Committee’s approval to construct a fence between his business and
the adjacent Smith property; he stated that he would also like to re-do the green fence and to
improve its appearance. He told the Committee that he would be spending his money and not
seeking funding from the City.
The Chair commended Mr. Fiem for coming to the Committee on at least two (2) occasions with
creative ideas to address problems.
Chris Crolley, owner of Coastal Expeditions, stated that he had been forwarded a document with
the Morgan Creek Grill logo on it. He thought there were reasonable requests at the beginning
of the document then he came to a paragraph dedicated to changes that should be made to the
parking for his business. The letter he was referring to was a list of comments/recommendations
presented to the Committee at the May 10th meeting and discussed at the May 22nd meeting; the
comments relative to Coastal Expeditions are the following:
“Regarding Coastal Expeditions, we ask that the trailer be moved off its current location
within the shared tenants parking area. We understand through conversations with the
City that they were allowed 3 parking spaces which should amount to 16ft total width for
the trailer and its operation. Their current footprint is 30ft wide. In addition we are told
that they are out of compliance with the variance obtained from the city. Be reminded that
MCG was never consulted or notified of the placement of the trailer.” 2
Chair Bell responded saying that he thought Mr. Berrigan, marina manager, should look at these
businesses and weigh them in terms of their impact on the capacity of the site relative to the value
that they bring in commercially.
Mr. Crolley stated that he felt unappreciated and under appreciated by this Council and he did not
know why.
According to the Chair, Council and this Committee were working with a marina that was over-
crowded and a marina the residents feel they have lost control of. He remarked that the
Committee was working to find a balance, but the members feel that, despite the discussions,
nothing has been accomplished.
Councilmember Ward said that the Committee would continue to work hard on trying to reconcile
some of the problems, but they would expect to get cooperation and respect from the tenants in
return.
Jay Clarke, owner of Morgan Creek Grill, came forward to rebut some of the statements Mr.
Crolley said, and he confirmed that the letter Mr. Crolley referred to was the memo with bullet
points discussed at the May 10th and May 22nd meetings. He stated that he had measured the
trailer and pointed out that one (1) instance when Coastal Expeditions was out of compliance was
when the trailer was not moved off the marina site for the winter.
6. New Business
, Real Property Committee
June 6, 2018
B. Discussion of Ordinance 2018-09
MOTION: Councilmember Ward moved to discuss Ordinance 2018-09;
Councilmember Ferencz seconded and the motion PASSED UNANIMOUSLY.
Chair Bell explained that this ordinance had come as the result of Administrator Tucker’s
suggestion that the Committee look at all possible locations on the island where marina
employees might park. He noted that the preferred location for employee parking was the Water
and Sewer Commission’s location on Waterway Boulevard, but it was not available due to
Homeland Security issues. The drop-back location became the Citadel Beach House parking lot,
and they responded to the Mayor’s request to use it saying they would like to meet since they had
already arranged with Wild Dunes to allow parking for the construction crews during the
construction of the new hotel. The Chair reported that the Ordinance appeared on the May
Council Agenda without coming before the Real Property Committee. He expressed agreement
that Wild Dunes will experience overflow parking issues once the new hotel was constructed.
Councilmember Ward stated that he took the City’s ordinances very seriously and that Council
was dedicated to protect the ordinances and to hold them firmly in place and to remain steadfast.
No changes at all and the City will be fine, but Council had to be vigilant. He concluded that, for
the reasons stated, he would not support passage of this ordinance.
Chair Bell opined that the ordinance as presented might need more specificity prohibiting this use;
he then asked for a legal opinion on it that would explain the changes needed and to then move
it through the full Council.
Councilmember Ferencz stated that this ordinance had come as a result of looking for a place for 3
marina employee parking; the Committee has learned that they do not have the authority to do
that because the leases clearly state the marina employees will park on the marina property. She
noted that the responsibility to make that happen fell to the marina manager.
Chair Bell stated that it was not the intent of the Real Property Committee to bring that ordinance
forward, but the Committee did want to know how to make it more specific to prohibit incursion
into the neighborhoods.
Interim Administrator Fragoso explained that, if the intent of the Committee was to allow marina
employee off-site parking at the Citadel Beach House, Ordinance 2018-09 would need to be
adopted in its present form. On the other hand, if the intention is to prohibit marina employee
parking at the Citadel, a different amendment would be needed specifying the prohibition. This
ordinance will not prohibit parking of the construction crews building the new hotel in Wild Dunes.
MOTION: Chair Bell moved to move forward to find the legality of making the
zoning districts as defined in the City Code more specific; Councilmember Ward
seconded and the motion PASSED UNANIMOUSLY.
5. Old Business
A. Update on alternate Marina off-site parking for employees
Chair Bell stated that the best offer the City could make to the marina tenants was the City parking
lot and a shuttle or use of the Public Works site; in general, any property without a residential
