TOWN COUNCIL MEETING
KIAWAH ISLAND MUNICIPAL CENTER 
COUNCIL CHAMBERS
August 7, 2007, 2:00 PM 
Minutes


I. Call to Order: Mayor Wert called the meeting to order at 2:20 PM. 
II. Pledge of Allegiance: 
III. FOIA: Notice of this meeting has been published, and posted, in accordance with the 
Freedom of Information Act and the requirements of the Town of Kiawah Island. 
IV. Roll Call: 
Present: William G. Wert, Mayor 
Council: Alan L. Burnaford, Mayor Pro Tem 
Charles R. Lipuma


G. Steven Orban 
Also Present: Tumiko Rucker, Town Administrator 
Dell Heise, Administrative Assistant 
Dennis Rhoad, Town Attorney 
Kenneth Gunnells, Town Treasurer 


Absent: Amber Simmons, Town Clerk 

V. Approval of Minutes: 
A. Town Council Minutes for July 10, 2007 
Mr. Lipuma moved to approve the July 10th, 2007 minutes; motion seconded by Mr. 
Orban. 

Mr. Lipuma and Mr. Orban made corrections to the minutes. With their corrections the 
minutes were approved unanimously. 

VI. Citizens Presentation: None 
VII. Old Business: None 
VIII. New Business: 
A. Purchase of a 2007 Dodge Ram Truck 

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Mrs. Rucker explained that in the FY 2007/2008 budget the Town included a purchase of 
a new vehicle. Mrs. Rucker said that the Town received sealed bids for a 2007 Dodge 
Truck. As a result, the Town has secured the vehicle for $29,141.99 coming in under the 
$40,000 that was budgeted. 

Mayor Wert noted that at the time this vehicle became available for purchase, there was a 
substantial rebate available. Mayor Wert said that he made an executive decision and 
approved the purchase of the truck, because we did not have enough people available for 
a quorum in order to save $10,000. Mayor Wert noted that this item is being brought 
before the Town Council for approval, but noted that the purchase has already been 
completed. 

Mayor Wert moved to approve the purchase of a 2007 Dodge Ram Truck; motion 
seconded by Mr. Orban. Motion carried unanimously. 

B. Upstairs Conference Room Audio Visual Equipment 
Mr. McIver noted that the Ways and Means Committee decided to postpone discussion 
on item B and item J, until more information is available. 

Mr. McIver moved to postpone this item until competitive quotes have been 
obtained; motion seconded by Mayor Wert. Motion carried unanimously. 

C. Beachwalker Drive Landscaping Project Bid Review 
Mr. Orban said that we have been working for sometime to improve the look and 
landscaping on Beachwalker Drive. As a result, we asked Design Works complete a 
minimum design which included irrigation, sodding, and minor landscaping. These 
improvements would allow for the landscaping on Beachwalker Drive to look more like 
other areas on Kiawah Island. 

After reviewing the initial design from Design Works, the Town sought sealed bids fromfour different companies. Mr. Orban noted that Three Oaks Construction Company is the 
lowest responsible bidder contractor. Mr. Orban said that he, along with Town staff has 
reviewed the bids, and recommends that we award this contract to Three Oaks 
Construction Company for $62,598.65. Furthermore, Mr. Orban noted that this project is 
well under the $100,000 budget which was approved. 

Mr. Orban said there are some pipes that need to be replaced, but this is not included in 
this contract and will be handled as a separate matter. 

Mr. Orban moved to award the contract to Three Oaks Construction; motion 
seconded by Mr. McIver. Motion carried unanimously. 

Mayor Wert explained that the original agenda item is for the landscaping on 
Beachwalker Drive. Mayor Wert proposed that we modify the agenda to include the 
landscaping on Beachwalker Drive, plus the pipe repairs where we have the sink hole. 
The additions would include two catch basins with a 24x24 grate, and approximately 195 

L.F. of 4 inch borings. The additional cost is as follows: 2 catch basins with 24x24 grates 
at $1,900, plus $9,165 for borings, plus $4,500 for repair/replacement of pipe across 
Town Hall driveway. 

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Mayor Wert moved to approve the landscaping on Beachwalker Drive, 
repair/replacement of the pipe across Town Hall Driveway, and the borings; motion 
seconded by Mr. McIver. Motion carried unanimously. 

D. 2007-2008 Kiawah Island Conservancy Grant 
Mayor Wert explained that the Town has budgeted $100,000 in this year’s budget for the 
Kiawah Island Natural Habitat Conservancy. He noted that one of the requirements for 
the Conservancy Grant is that the Kiawah Island Natural Habitat Conservancy must 
present information to the Town indicating which property they want to use the money 
for. The Kiawah Island Natural Habitat Conservancy has met this requirement and is 
requesting the funding. (See attached letter from Kiawah Island Conservancy) 

Mayor Wert moved to award the $100,000 grant to the Kiawah Island Natural 
Habitat Conservancy; motion seconded by Mr. Orban. Motion carried 
unanimously. 

E. Annual Beach Monitoring Contract-Coastal Science & Engineering 
Mr. Lipuma explained that the Town has received a contract from Coastal Science & 
Engineering for Dr. Kana to continue the annual beach monitoring for a five year period. 
This contract included the following: a complete survey of Kiawah Island’s Ocean 
Shoreline with focus on the East End including an analysis of the sand volume, Sediment 
Compaction Tests, Digital Terrain Model with vertical aerial photography and Habitat 
Mapping in project area; and an annual monitoring report and submission. The annual 
cost of this contract is $45,680. 

Mr. Lipuma moved to approve the annual beach monitoring contract from Coastal 
Science & Engineering; motion seconded by Mr. Burnaford. Motion carried 
unanimously. 

F. Agreement for Use of SATAX Fund for the Kiawah Island Golf Resort 
Mr. McIver explained that we have, for a number of years, had a contract with those 
people who are acting as an agent in providing services using SATAX funding. An 
example of the current contract was included in the Council books for review. Mr. 
McIver noted that the Ways and Means Committee suggested one modification to the 
current contract under number 5; which is the funds provided and method of payment 
section. Mr. McIver suggested that Section A should read as follows: the financial 
assistance provided by the recipient shall not exceed the amount as approved by the 
Town Council. He further noted that the contract conforms to the requirements of the 
State in the administration of SATAX expenditures. 

Mayor Wert noted that the Town Council received recommendations from the SATAX 
Committee allocating the funding available for this fiscal year. Mayor Wert explained 
that during the budget workshop the Council changed some of those allocations; 
however, we are going to change those allocations back to what the SATAX Committee 
recommended. 


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Mr. McIver moved to approve the language in the contract with one amendment; 
motion seconded by Mayor Wert. Motion carried unanimously. 

G. Debris Removal Contract 
Mrs. Rucker explained that the Town has had an emergency debris removal contract with 
Phillips and Jordan for a number of years. This amendment is simply to extend the 
existing contract for an additional year with an expiration date of July 31, 2008. 

Mayor Wert moved to extend the existing contract with Phillips and Jordan for one 
year; motion seconded by Mr. Burnaford. Motion carried unanimously. 

H. Beach Patrol Contract 
Mayor Wert said that the Town received at letter from Rod Miller, Island Products 
Incorporated, dated July 27th, 2007 stating that his staffing would become irregular and 
would not be able to fulfill the contract requirements of three daily shifts. 
As a result, Island Products Incorporated gave us a thirty days written letter of 
termination, effective August 10, 2007. 

Mayor Wert explained that the Town obtained two bids from two different companies to 
take over the beach patrol contract until January 31, 2008.The two different companies 
are Island Services Incorporated and the Kiawah Island Community Association. 

The Council members discussed in length the beach patrol contract. During the 
discussion, Mr. McIver asked Mr. Bunting, Kiawah Island Community Association, if he 
has consulted their legal counsel about the beach patrol contract? Mr. Bunting said that 
he had consulted legal counsel. Mayor Wert called for a vote to award the contract. 

Mayor Wert called for a vote to award the Beach Patrol contract to Island Beach 
Services. Mr. Burnaford and Mr. Orban voted in favor of Island Beach Services, 
and Mayor Wert, Mr. McIver and Mr. Lipuma voted against Island Beach Services. 

Mayor Wert called for a vote to award the Beach Patrol Contract to the Kiawah 
Island Community Association. Mayor Wert, Mr. Lipuma, and Mr. McIver voted in 
favor of the Kiawah Island Community Association, while Mr. Orban and Mr. 
Burnaford voted against the Kiawah Island Community Association. 

Mayor Wert moved to award the Beach Patrol contract to the Kiawah Island 
Community Association until January 31, 2008; motion seconded by Mr. McIver. 
Motion carried 3 to 2. 

I. Lowcountry Heritage- Arts Festival Proclamation 
Mayor Wert explained that the Lowcountry Heritage Arts Festival Proclamation 
recognizes the valuable cultural heritage from the Sea Islands. 


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Mayor Wert said that the Town will sponsor a Lowcountry Heritage Arts Festival on 
August 24, 2007. During this event you can enjoy Lowcountry food, basket weaving, and 
other cultural activities. 

Mayor Wert proclaimed August 24, 2007 Lowcountry Heritage Arts Festival Day. 

J. Security Camera System 
Mr. McIver noted that the Ways and Means Committee decided to postpone discussion 
on this item due to lack of competitive bids. 

Mr. McIver moved to postpone this item until competitive bids have been obtained; 
motion seconded by Mayor Wert. Motion carried unanimously. 

K. Purchase of an All Terrain Vehicle 
Mrs. Rucker said that during last month’s Town Council meeting, Mr. Lipuma explained 
that the East End of the beach is changing and a flushing channel has been created, thus 
requiring the Town to acquire an All Terrain Vehicle. This vehicle will allow staff to gain 
access to this area. 

Mrs. Rucker noted that Mr. Jordan received competitive quotes and sealed bids from 
three different companies. Mrs. Rucker said that we did not have a quorum present to 
conduct a meeting, but did receive authorization to purchase this All Terrain Vehicle via 
e-mail proxy. The total cost of this vehicle is $14,069.46 and was taken from the FY 
2006/2007 budget. Mrs. Rucker explained that this request is to ratify the purchase of the 
All Terrain Vehicle from the FY 2006/2007 budget. 

Mayor Wert noted that beside the current need for the All Terrain vehicle, this vehicle 
will assist the Town with fulfilling it’s obligation for reporting data for the Beach 
Renourishment Project which will continue until 2011. 

Mayor Wert said that the Ways and Mean Committee recommended the approval this 
expenditure. 

Mr. Lipuma said that the current channel that has been cut is approximately 100 feet wide 
and is too deep to wade across except at low tide. If you try to use the wading approach to 
address the issue, you would need to take a small boat out every time and this would not 
be feasible. 

Mr. Lipuma noted that the company that the All Terrain Vehicle was purchased from is 
located in North Carolina and is the low bid contractor. He further noted that he has 
ridden in the All Terrain vehicle with Mr. Jordan and it can operate in strong currents. 
Mr. Lipuma noted that an outboard motor was added in the event that the current is too 
strong. Additionally, this vehicle has been very effective and is something that is needed. 


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Mayor Wert moved to approve the purchase of an All Terrain Vehicle; motion 
seconded by Mr. Orban. Motion carried unanimously. 

L. 2007/2008 Project Impact Program Changes 
Mrs. Rucker briefly explained that the Town has already adopted the Charleston Regional 
Hazard Mitigation Plan. She further noted that each year the Town has to apply for 
recertification, and it is a requirement that if any changes are made to the plan that those 
changes be distributed to the Council. (Summary of changes attached to minutes) 
Mrs. Rucker explained that no action needs to be taken by Council, because it is for 
informational purposes only, thus making them aware that changes were made to the 
original plan. 

IX. Correspondence: Letter from Charleston County Sheriff’s Office 
Mayor Wert said that the Town received a letter from the Charleston County Sheriff’s 
Office concerning an increase in the hourly rate for deputies working on the island. 
Mayor Wert explained that the Town currently has a contract with the Charleston County 
Sherriff’s office for emergency personnel working on the island. The Town had already 
budgeted over $100,000 for the deputies’ salaries at the time the budget was completed 
and a rate increase was not anticipated. Mr. Orban and Mrs. Rucker were able to 
negotiate with the Charleston County Sheriff’s Office to maintain the current hourly rate 
until the next budget process for Kiawah Island. 

X. Committee Reports: 
Environmental Committee 

Mr. Lipuma said that there were a total of 4 wildlife calls. These included a fawn hit by a 
car, a very aggressive alligator which was removed, and an injured Osprey which 
recovered and flew off. 

The Town’s website Bobcat tracker has become very popular. It was visited 483 times in 
the first 15 days on line. 

Miniature transmitters were placed on 4 painted buntings which were trapped on 
July 13, 2007. A nest found on July 19, 2007 was videotaped and video footage will be 
added to the website. Mr. Lipuma said that a painted Bunting monitoring study has been 
completed and a report is underway. 

Recent testing conducted on fish from the island ponds found slightly elevated arsenic 
levels in a flounder and a red fish. The levels are such that no action is needed. 

A draft of the pilot Bobcat GPS Study was completed on August 1, 2007. The final report 
should be available within the next month. 


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The Kiawah Island “East End Erosion and Beach Restoration Project” final report by Dr. 
Kana of CSE, the Town’s Consultant, was issued and is available for review. 

The Town has purchased an amphibious 6 wheel vehicle. The vehicle is needed to cross 
over the East End salt water lagoon flushing channel for state mandated piping plover 
surveys during the next 5 years. The total cost including the trailer was $14,069.46. 

Alligator population surveys conducted in July show an estimated total of 456 alligators 
in the survey areas and about 600 alligator’s island wide. 

Arts Council 

Mr. Lipuma said that development continues on the 2007/2008 Arts Council events. The 
first performance will be Charleston Symphony Orchestra event held on October 4, 2007. 

Public Safety Committee 

Mr. Orban said the Public Safety Committee met on July 16, 2007 and discussed a 
number of items. During the meeting, the committee recommended that action be taken 
on the following items: placement of two additional no biking signs along the Kiawah 
Island Parkway; continued traffic enforcement on Ocean Course Drive, due to vehicles 
speeding in this area, Mr. Pezzullo and Chief Ristow will review the beach accesses on 
the island for emergency vehicles and make a recommendation to Council, because only 
2 of the 4 beach accesses are passable for emergency vehicles. 

The committee recommended that two articles be published in Town Notes for the 
following: concerns about the Fire Department having difficulty responding to some 
residences on the island due to trees and shrubs being to low, thus obstructing the road or 
driveway for the fire trucks and the second being kayak safety. 

The Public Safety Committee discussed beach safety which included the topic of life 
guards on the beach. This topic will be discussed at a later time during the determination 
of the scope of work for beach patrol services. 

Additionally, Mr. Orban said the St. Johns Fire Department will receive a new fire truck 
which will aid in the fire protection of the island. 

 Financial Report 

Mr. McIver said that annual audit for the Town’s financial statements will be starting 
shortly. This audit will be conducted by an independent auditing firm. This process 
should be streamlined with an expected completion date of October. 

 Communications Committee 


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Mr. Burnaford said that the Communications Committee meeting was cancelled in July, 
due to lack of a quorum. 

Mr. Burnaford said that the September issue of Town Notes will be mailed along with The 
Digest. 

Johns Island Council 

Mr. Burnaford reported that he did not attend the last Johns Island Council meeting. 

Mr. Burnaford indicated that he attended the Charleston County Council meeting on July 
24, 2007. During the meeting Charleston County Council approved the updating of the 
2000 Johns Island road plan. Charleston County Council approved LPA to update the 
report to reflect present assumptions. The report should be completed within 3 months. 
The Charleston County Council will then put a plan together for upgrading the Johns 
Island roads. 

XI. Town Administrator’s Report: 
Mrs. Rucker said that the Town will host its first annual Lowcountry Heritage Arts 
Festival in conjunction with the Kiawah Island Community Association on August 24, 
2007 at 7:00 PM at the Sandcastle. Tickets for this event are currently available at Town 
Hall. Additionally, a Lowcountry meal will be available for purchase during this event at 
a cost of $12.00. 

Mrs. Rucker said that the Town hosted a Post Disaster round table meeting on July 26, 
2007 at the Sandcastle in conjunction with the Kiawah Island Community Association. 
Present during the meeting were representatives for the Town Staff, the Kiawah Island 
Community Association, Kiawah Island Golf Resort, Kiawah Resort Associates, St. 
Johns Fire Department, Charleston County Sheriff’s Office and contractors. During this 
meeting we realized that we put a lot of time and effort into preparing for a disaster, but 
not a lot of time or effort has been placed on post disaster recovery procedures. Mr. 
Croughwell assisted in the facilitation of this meeting and did an excellent job. This 
meeting turned out to be a very beneficial work session and we learned a lot during this 
meeting. Since that time, we have formed a four person task force to formalize the 
framework for an island wide post disaster plan. Upon completion of this plan, the Town 
will submit this plan to FEMA for participation in FEMA’s Public Assistance Program. 
This will allow for the Town to receive an additional 5% in reimbursement from FEMA 
should we have a major disaster on the island. 

South Carolina Department of Insurance has introduced a new program called the South 
Carolina Hurricane Damage Mitigation Program. This program would allow property 
owners to apply for grants to retrofit their homes to be wind resistant. In order for 
property owners to participate in this program, the property owner must have their homes 
inspected by a wind certified assessor. Mr. Lameo, Code Enforcement Officer, will 
complete the 8 hour training class for this program on August 14, 2007 in conjunction 


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with Charleston County. Once we have a certified wind assessor available, this would 
allow property owners to participate in this program and apply for grants if needed. 

The Town is also participating in the urban Greenbelt application in conjunction with the 
Kiawah Island Parkway Project for the creation and addition of green space and 
landscaping along the bike path once it has been completed. 

Internally we have completed the installation of Office 2007 to our computer system and 
will be scheduling training for staff members. We have implemented a new system for 
tracing and resolving solid waste complaints. This new system has been working very 
well and is evident, because solid waste complaints have decreased. Since the last 
Communications Committee meeting, we have made several updates to the Town’s 
website, which includes the addition of meeting minutes, agendas, and ordinances. We 
are currently working with a company called Municode that places ordinances onto 
websites for various municipalities across the state. This would allow all updates to be 
completed in real time and be placed onto the Town’s website. 

XII. Mayor’s Report: 
Mayor Wert did not have a report. 

XIII. Citizens’ Comments/Questions: 
Wendy Kulick. 38 Marsh Edge Lane, following up on my comment from last month 
seeking support for kids from Mt. Zion Elementary School, we received an outstanding 
response from the Kiawah Island property owners and Seabrook Island property owners. 

Mrs. Kulick asked that two corrections be made to the minutes under citizen comments 
concerning the correct spelling of Mrs. Lipinsky and Mr. Pete Trees. 

Mrs. Kulick said that the Town’s website look fabulous and that she was appreciative in 
the fact that one night she went to the Town’s website and obviously their was some type 
of error in the system. She emailed Mrs. Rucker and received a response within an hour. 

Mrs. Kulick said that on the FOIA notice for the Town Council meeting agenda and the 
Ways and Means Committee meeting agenda she observed that the Ways and Means 
Committee agenda said published, posted, and faxed. She did not know if this is a hold 
over from when the Town used to fax the notices, or if the Town did fax this notice. Mrs. 
Kulick asked if this notice was faxed and to whom was it faxed to? Mrs. Kulick said that 
she is not sure what the difference is, between the notices being published and posted and 
wanted someone to explain this to her. 

Mrs. Kulick made a suggestions pertaining to the Town’s website for agendas. She 
suggested that instead of going from January to July she suggested starting with the 
present month and working backwards. Additionally, Mrs. Kulick suggested that meeting 
agendas for all the committees be posted on the Town’s website. 


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XIV. Council Members Comments: 
Mr. Burnaford and Mr. McIver did not have a comment. 

Mr. Orban said that he, Mr. Jordan, Mrs. Rucker, and the Town’s consultants have a 
meeting with the Corps of Engineers scheduled for August 8, 2007 regarding the permit 
for the Kiawah Island Parkway project. Hopefully, during the meeting they will let us 
know what we need to do, as far as mitigating the 1.3 acre of wetlands we need for the 
bike path construction. 

Mr. Orban also stated some concerns about dead and low hanging tree branches on 
Bohicket Road. These could be a hazard, especially during high winds. The Town will 
write a letter to Charleston County asking that they inspect the roadway and prune away 
suspect branches. 

Mr. Lipuma said that the August 7, 2007 Post & Courier editorial article shows a 
dramatic photo of severe beach erosion at Wild Dunes. Oversized sandbags have been 
installed in an attempt to prevent wave action from undermining expensive condos. 

Mayor Wert reported that there was a traffic accident on the Kiawah Island Parkway and 
wanted to clarify that there were no life threatening injuries. He expressed his regret to 
those people who were stuck in traffic for along period of time, but there really isn’t 
anything that can be done if the road is completely blocked or closed. 

XV. Executive Session-Legal-Contractual Matters/ Personnel Matters: 
Mayor Wert moved to adjourn the regularly scheduled meeting Town Council 
meeting at 3:25 PM; motion seconded by Mr. Burnaford. Motion carried 
unanimously. 

Mayor Wert moved into executive session at 3:35 PM to discuss legal/contractual 
matters and personnel matters; motion seconded by Mr. Burnaford. Motion carried 
unanimously. 

Mayor Wert noted that no decisions or actions were taken during executive session. 

XVI. Adjournment: 
Mr. McIver moved to adjourn the meeting at 5:15 PM; motion seconded by Mr. 
Orban. Motion carried unanimously. 

 Submitted by ________ 
Amber Simmons, Town Clerk 



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Approved: 

William G. Wert, Mayor 

Date: 

CC: Mayor Wert 
Dennis Rhoad, Esq. 
Tumiko Rucker, Town Administrator 
Council Members 
Town Treasurer 
Planning Commission