Governor weighs in on Atlantic Beach financial crisis

By Jody Barr
WBTW News 13 Reporter
Published: September 24, 2008

Governor Mark Sanford made a stop in Myrtle Beach Wednesday and talked about the financial crisis in Atlantic Beach. Sanford said his office is looking into what the state can do to intervene.

The Atlantic Beach council meeting ended Tuesday night with interim town manager Charles Williams threatening to shut the town down after members couldn’t approve the sale of a plot of land.

Selling the land would allow the town to continue functioning while a loan is approved, all in an effort to help the town pay off its debt, Williams said.

Town council asked the Municipal Association of South Carolina to help the town out of its financial crisis after a Horry County grand jury indicted the town’s mayor Irene Armstrong and town manager Marcia Conner on misconduct and bribery charges.

Governor Mark Sanford said Wednesday that his office was researching state law to see if and when the state could step in and deal with the town’s money woes.

The MASC was contracted through December, but in June council members Donnell Thompson and Retha Pierce asked council to fire Williams and post an advertisement to hire a new manager.

“People want to have a functioning government, that’s the first step. Tragically people don’t have that in Atlantic beach and they want an efficient and effective government and they certainly don’t have that in Atlantic Beach,” Sanford told News13.

The governor has the authority to appoint elected officials throughout the state on an interim basis, but cannot appoint mayors.

Atlantic Beach town council is compromised of five members, including the mayor, and after Sanford suspended Armstrong in March, council has moved forward without a tie-breaking vote.

Wednesday, the MASC director, Howard Duvall, sent a letter to Atlantic Beach council members asking for council to find a new town manager and excuse the association from the town.

“I know the municipal league is now pulling out of; in essence their support of Atlantic Beach. I think we’re going to let those pressures take place first, then we may see if there’s something we need to do or have to do at the state level,” Sanford said.

Williams said the town is still owed $128,255 in back business taxes and another $150,000 in unpaid property taxes.

Earlier this month, Williams suspended interim police chief Randy Rizzo amid allegations that he misused the town’s patrol car, didn’t work his scheduled hours, and never answered why Atlantic Beach Police didn’t receive the 911 call from a deadly shooting in the town on July 25.

Part of Williams’ plan for Atlantic Beach was to ask North Myrtle Beach Public Safety to contract out police services in the town.

In the contract with North Myrtle Beach, Williams said the town would have access to investigative tools and law enforcement tools the town would never be able to afford.

Council could never agree on the issue.

Amid the troubles in Atlantic Beach, some in the county have questioned whether the town would be able to maintain its charter and survive as a government.

The ultimate decision would lie with a vote in the General Assembly, according to the South Carolina Code of Laws:

SECTION 5 1 100. Forfeiture, surrender or cancellation of certificate.

(A) When following its incorporation a municipality’s population has decreased to less than fifty inhabitants, the certificate of the municipality must be automatically forfeited and void.  If a majority of the registered electors of a municipality files a petition requesting the municipal certificate be surrendered with the municipal council, the council shall order an election to determine the question, at which election all qualified electors of the municipality must be permitted to vote, and if two thirds of those voting vote in favor of surrendering the certificate, the council shall certify the result to the Secretary of State, who shall cancel the certificate issued to the municipality.

(B) If the Secretary of State determines that any previously incorporated municipality is neither performing municipal services nor collecting taxes or other revenues and has not held an election during the past four years, he shall cancel the certificate of the municipality.

Last November, incumbent mayor Irene Armstrong lost the election to councilwoman Retha Pierce by one vote.

Both Pierce and Armstrong appealed the decision, then Armstrong dropped her appeal following charges that she bought three votes totaling $30 in the election.

Circuit court judge Michael Baxley ordered a new election, but Pierce appealed that decision to the South Carolina Supreme Court.

As of this posting Wednesday, the justices were looking over the appeal and will decide soon to hear oral arguments in the case, or issue a decision.

Meanwhile, the town remains deadlocked on issues between the remaining four members, many of issues could shut the doors to town hall if council can’t come to terms with their differences.