Monday, Apr. 06, 2009

Atlantic Beach manager criticized over playground debacle

ATLANTIC BEACH | Although the new town manager of Atlantic Beach weathered harsh criticism and a call for his termination Monday night for his role in a controversy surrounding the town's new tattoo parlor and only playground, the Town Council decided against taking any action on the matter.

Town Manager Kenneth McIver has done good work with the town's finances and derelict properties in his two months so far, said Councilman Donnell Thompson, but should never have sent the tattoo parlor owners a letter falsely stating that a nearby playground was closed.

"It's totally untrue, it's dishonest, and you signed your name to it,'' Thompson said.

Thompson's attempt to fire McIver died for lack of a second vote, and the other council members said they would not discuss the issue further because Town Attorney Steve Benjamin was absent.

McIver wrote the letter last month in an attempt to comply with a court order to allow Excitement Video's owners to open 5 Jesters Custom Tattoo in an adjacent space in their building on U.S. 17. Excitement first sued the town in a dispute over business-license fees in 2003, according to court filings, but the case was alternately shelved and resumed over the years as the town went through three different attorneys, sometimes reaching temporary settlements with Excitement only to reignite the dispute a few months later.

Still lacking resolution this year, Excitement's attorney asked the judge to restore the case back to the court docket in early March 2009. To avoid a lawsuit, town attorney Benjamin instead recommended the town council vote to approve the tattoo parlor's zoning, and the council's emergency ordinance passed.

Even with a town business license in hand, however, 5 Jesters still could not open because the town's only playground sits a block away. State law prevents tattoo parlors within 1,000 feet of playgrounds, so the S.C. Department of Health and Environmental Control denied 5 Jesters' permit.

Seeking a workaround, town manager McIver wrote a March 3 letter to the parlor owner that the playground was condemned. "At this time, the Town does not intend to reopen the park and it remains condemned and not in use,'' he wrote.

Town officials never actually closed the playground, but McIver's letter sufficed for DHEC and 5 Jesters was finally allowed to open.

Several weeks later, town resident and frequent legal opponent Paul Curry filed a public-records request with DHEC that revealed McIver's letter. After Curry gave the letter to local media, DHEC withdrew the 5 Jesters license amid the ensuing controversy.

On Monday night, Mayor Retha Pierce said McIver's letter was "definitely" wrong, and noted her initial opposition to the tattoo parlor's zoning.

"I know none of us are going to stand by and let the playground be compromised," Pierce said.

Town resident and outspoken Pierce supporter Patricia Bellamy also criticized McIver, Benjamin and the rest of the council.

"If you want us to pretend this lie didn't happen, you've got the wrong citizen," Bellamy said. "The playground is not condemned, and I think that was rude."

McIver, who was hired as town manager in February and given a two-year contract in March, did not address the issue during the meeting and declined to comment afterward.