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Myrtle Beach City Council

To see all supporting documents for the agenda items, visit the City Council Documents page.

MYRTLE BEACH CITY COUNCIL MEETING AGENDA
TUESDAY, APRIL 13, 2021
9:00 A.M. – WORKSHOP – COUNCIL CHAMBER
10:00 A.M. – MEETING – COUNCIL CHAMBER
TED C. COLLINS LAW ENFORCEMENT CENTER
1101 NORTH OAK STREET, MYRTLE BEACH, SC  29577

NOTE:  CITIZENS ARE INVITED TO ATTEND AND PARTICIPATE IN THE MEETINGS.  CITIZENS WHO WISH TO ADDRESS COUNCIL ON NON-AGENDA ISSUES ARE ASKED TO SIGN IN PRIOR TO THE START OF THE MEETING AND STATE THEIR NAMES PRIOR TO SPEAKING.  A TOTAL OF 30 MINUTES WILL BE PROVIDED AT THE END OF THE MEETING.

ANYONE WHO REQUIRES AN AUXILIARY AID OR SERVICE FOR EFFECTIVE COMMUNICATION OR PARTICIPATION SHOULD CONTACT THE CITY CLERK’S OFFICE AT (843) 918-1004 AS SOON AS POSSIBLE, BUT NO LATER THAN 48 HOURS BEFORE THE SCHEDULED EVENT.


CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

APPROVAL OF MINUTES…  March 23, 2021

PUBLIC REQUESTS, PRESENTATIONS, AWARDS, MEMORIALS:

  1. Carolina Country Music Festival (Workshop)
  2. 12th Avenue North Street Closure (Workshop)
  3. Grande Dunes PUD Update – Franklin Daniels (Meeting)
  4. Proclamation declaring week of April 11-17, 2021, as National Public Safety Telecommunications Week. (Meeting)
  5. Proclamation declaring the month of April as Autism Awareness Month. (Meeting)
  6. Public Information Update – PIO Staff (Meeting)

CONSENT AGENDA – The Consent Agenda covers items anticipated to be routine in nature.  Any Council member may ask that an item be moved from the Consent Agenda to the Regular Agenda for lengthier discussion, or a member of the public may request that such an item be moved.  Items remaining on the Consent Agenda will be briefly described by staff and may be passed as a group with the approval of the agenda.

NOTE:  City laws are known as ordinances.  Before a city ordinance can be enacted, it must be introduced (1st Reading) and then approved (2nd Reading).  Resolutions are actions through which City Council reinforces or makes policy not rising to the level of law.  Motions are related to direction from City Council to city staff to take certain actions. 

NO ITEMS LISTED ON THE CONSENT AGENDA.

REGULAR AGENDA

2nd Reading Ordinance 2021-018 to granting a boardwalk vendor franchise agreement for the Third Avenue North portion of the public boardwalk of the City of Myrtle Beach to VD Vending, LLC, for a period of three years beginning April 14, 2021.

The four existing Boardwalk franchises:

  • Third Avenue North – Vacant
  • Fourth Avenue North – Riccardi’s Italian Ice
  • Fifth Avenue North – Dogs Under the Boardwalk
  • Sixth Avenue North – Irie Café

The city issued a Request for Proposal (RFP) for Third Avenue North location and three proposals were submitted:

  • Nola’s Stuffed Snoballs, LLC – Requests selling shaved ice with choice of flavoring.
  • Big T’s Hotdogs and More – Requests selling cheesesteaks, sausage sandwiches, chips and sodas.
  • VD Vending, LLC – Requests selling cups of fruit.

2nd Reading Ordinance 2021-019 authorizing the City Manager to execute lease agreements and any subsequent lease renewals for certain city-owned properties known as Charlie’s Place Business Incubator Center as part of the Charlie’s Place Business Incubator Program.            

The City of Myrtle Beach purchased and renovated property known as Charlie’s Place for the purpose of providing educational, social and entrepreneurial opportunities for the community.  In 2020, the city launched the Charlie’s Place Business Incubator Program and solicited interested entrepreneurs to apply for use of the four (4) business incubator units. 

The Charlie’s Place Advisory Group reviewed the applications and recommended approval of four potential tenants.  Two of the proposed tenants, Naomi Productions and Braids by Ber, have indicated their desire to take possession of their units beginning May 1, 2021, under the terms of the lease agreements.  Two potential tenants have withdrawn their applications and those units will be re-advertised.

1st Reading Ordinance 2021-021 to amend Chapter 5 of the Code of Ordinances of the City of Myrtle Beach, Beach and Boating Regulations, to make minor updates to sections of this chapter.

Due to the increase of activity on the beach and based on feedback from beachgoers/staff, this ordinance makes some changes:

  • Adds Fire Department Ocean Rescue as an appropriate authority.
  • Amends shading devices and permits devices designed for infants and children.
  • Amends the fishing allowances and requires a 50-foot buffer between fishing and people swimming.
  • States that people swimming have the "right-of-way" over fishing.  (Note: This only applies if a conflict between fishing and swimming occurs.)
  • Does not allow fishing in front of any franchisee’s umbrella line.
  • Removes the provision allowing jet-skis to be launched from, or returned to, the beach.  (Note:  An exception exists for businesses operating pursuant to a franchise and emergency personnel.)
  • Requires that digging holes on the beach cannot be deeper than 12 inches without refilling the hole before departing the site.
  • Adds to the list of items of display that do not meet the requirement of adequate body covering when it comes to appropriate swimming attire on the beach.

Resolution R2021-012 closing 12th Avenue North between North Ocean Boulevard and Withers Alley.

Due to increased pedestrian traffic along the sidewalk in front of the slingshot amusement, staff is recommending the closure of the adjacent street, 12th Avenue North, between North Ocean Boulevard and Withers Alley.  This will allow an expanded area for patrons who are standing in line for the ride, and it allows space for people who want to stop and watch on 12th Avenue North (versus the sidewalk along Ocean Boulevard).

Resolution R2021-013 granting a special event permit to Palmetto Event Productions, Inc., on behalf of CCMF for the “Carolina Country Music Festival” on June 10-13, 2021, and affirming the city’s co-sponsorship.

Palmetto Event Productions and CCMF, LLC, has planned the fifth annual Carolina Country Music Festival, set for June 10-13, 2021, from 1:00 to 11:30 p.m. at the Burroughs & Chapin Pavilion Place, 812 North Ocean Boulevard.  This year’s performers include Darius Rucker, Luke Combs, Eric Church, Jake Owen and other "A-list" artists.  The festival includes food, beverage and merchandise vendors, and it is expected to attract 25,000 to 32,000 concert-goers each day. 

The proposed request includes closing a number of streets prior to, and during, the event, including:

  • Ocean Boulevard between Eighth and Ninth Avenues North
  • Eighth Avenue North – All lanes and parking spaces from Kings Highway to Ocean Boulevard
  • Chester Street, between Seventh and Eighth Avenue North, and parking lanes
  • Ninth Avenue North – Lane and parking spaces running eastbound from Kings Highway to Ocean Boulevard
  • Eighth Avenue North Beach Access

Per this proposed resolution, City Council:

  • Adopts site plan and authorizes City Manager to make any necessary changes.
  • Affirms festival co-sponsorship and agrees to provide certain in-kind services, including traffic control, road closures, barricades, litter control, heightened police presence as required and EMS.
  • Authorizes area businesses to display temporary welcome signs.

Festival-related business license fees, A-Tax and Hospitality Fee revenues and TDF revenues are estimated to be $145,000 (based on an estimated 75% out-of-market ticket sales).  In addition, the promoter pays the city a fee of $5 per ticket sold to defray the public safety cost.  This fee is estimated to generate in excess of $150,000.  The total estimated cost of in-kind event-related public services is $225,000.

Resolution R2021-014 to adopt the Floodplain Management and Hazard Mitigation Plan for the City of Myrtle Beach.

The Federal Disaster Management Act of 2000 requires communities to create a plan to qualify for disaster funding.  This plan was adopted in December 2015.  The plan is required for the Community Rating System, which saves flood insurance policyholders in Myrtle Beach over $1,000,000 annually, and it identifies 40 tasks that the city could do, or is already doing, to help meet mitigation goals:

  • Protect life and property from hazards.
  • Preserve beaches, wetlands, swashes and waterways.
  • Continue to develop and implement storm water drainage plans.
  • Create and foster a comprehensive public awareness for all hazards in the community.
  • Improve public safety and municipal services under emergency conditions.
  • Preserve neighborhoods and land-use planning.
  • Reduce economic impacts from hazard events.

Motion M2021-036 to appoint/reappoint three members to the Planning Commission.

The terms of Sally Howard, Don Shanks and Robby Warner expired on February 22, 2021.  Ms. Howard and Mr. Shanks both wish to be reappointed; Mr. Warner does not wish to be reappointed.  On file, the city has resumes for Steven Jordan (city resident), Michelle Whetstone (city resident), Thomas Robinson (city resident), Thomas Muller (city resident) and Drew Flynn (city resident).  All three terms will expire on February 22, 2024.

Motion M2021-046 to approve a Special Event Permit to Joe Goodwin of MB Volleyball Club to host Volleyball tournament on the beach on April 24 and 25, from 7:00 a.m. to 6:30 p.m.  The City Manager is authorized to make changes to these plans as he deems necessary in keeping with the nature of the event and as circumstances dictate.

This event proposes to use the six beach volleyball courts on the former pavilion site and place up to eight additional volleyball nets/courts on the beach between Pier 14, 10th Avenue North and Seventh Avenue North.

Motion M2021-047 to authorize the City Manager or his designee to apply for a grant of $500.00 from the LSTA (Library Services and Technology Act) Virtual Programming Grant program through the SC State Library for the purpose of:  the purchase of new technology equipment to assist with virtual programming; record the appropriation of such grant funds in the amount that may be approved; and, execute and deliver the grant agreement and such related documents as may be required to put the grant into effect.  A $257.00 match is required and will come from the Chapin Library budget.

The LSTA Virtual Programming Grant from the South Carolina State Library is made possible with funds from the Institute of Museum and Library Services (IMLS).  Due to the COVID-19 pandemic, many libraries, including Chapin Library, are providing virtual programming.  Technology supplies are necessary to facilitate those virtual programs.  Virtual programming can include online storytimes, live events on social media or recorded demonstrations (STEM, food, art, etc).

Motion M2021-048 to authorize the City Manager or his designee to:  apply for a grant of $1,000.00 from the LSTA (Library Services and Technology Act) Summer Reading program through the SC State Library; record the appropriation of such grant funds in the amount that may be approved; and, execute and deliver the grant agreement and such related documents as may be required to put the grant into effect.  A $515.00 match is required and will come from the Chapin Library budget.

The Library Services and Technology Act (LSTA) is the only federal program exclusively created for libraries.  It is administered by the Institute of Museum and Library Services (IMLS) through the SC State Library.  The goal is to increase community participation of all ages in summer reading and learning programs, especially for under-served populations in the community.  Increased marketing and promotion will raise awareness of the relationship between reading and learning activities in the summer and academic achievement.

Motion M2021-049  authorizing the City Manager or his designee to apply for a grant of $26,097.69 from the U.S. Department of Justice, Bureau of Justice Assistance Smart Prosecution – Innovative Prosecution Solutions grant to:  replace outdated case management system in Prosecutor's Office with updated technology; record the appropriation of such grant funds in the amount that may be approved; and, execute and deliver the grant agreement and such related documents as may be required to put the grant into effect.  No match required.

The purpose of the Smart Prosecution – Innovative Prosecution Solutions (IPS) Program is to provide state, local and tribal prosecutors with funding to secure resources that will help reduce crime and increase public safety.  The program encourages prosecutors and agencies to use data in the development of their strategies and projects, and to develop effective, economical and innovative responses to crime within their jurisdictions.

Motion M2021-050 to appoint/reappoint one member to the Chapin Memorial Library Board.

The term of Richard Patelunas expired March 23, 2021.  Mr. Patelunas wishes to be reappointed.  On file, the city has resumes for Nick Falcone (city resident), Katie Wunder (city resident), Raymond Moyer (city resident) and Laurie Johnston (city resident).  This term will expire on March 23, 2024.

Motion M2021-052 to declare certain vehicles abandoned or derelict pursuant to the authority of Article 41 of Title 56 South Carolina Code of Laws 2001.

This declaration is an effort to improve the appearance of both commercial and residential neighborhoods.  The report includes vehicles that staff tagged as abandoned or derelict. Council’s approval allows these vehicles to be towed from their private property locations to a tow yard where they may be reclaimed by the current owner upon payment of the applicable towing and storage fees.  If the vehicles are not claimed by the owner within 30 days of the required notice, then the tow company may sell the vehicle and keep the proceeds as compensation.

Motion M2021-053 to allocate Accommodations Tax funding for 2021.

State law provides that State Accommodations Taxes be allocated as follows:

  • The first $25,000 statutory allocation goes to the General Fund.
  • The city receives statutory allocation of 5% of revenues to the General Fund.
  • The city receives 15% of revenue after the first $25,000 for direct policing services (per Proviso No. 109.11).
  • Promotional allocation of 15% of revenue after the first $25,000 is paid to the Chamber for advertising and promotion of tourism (per Proviso No. 109.11).
  • 65% of the balance goes to a special revenue fund for tourism-related expenditures.

The purpose of this motion is to allocate the 65% portion of this fund (approximately $5.2 million between city-related tourism and 31 applicants who applied for funding through the A-Tax process).  All remaining funds subsequent to the tourism and cultural arts applicant allocations are to be used by the city as presented in the city’s applications for those activities caused by our tourism concentration.

Motion M2021-054 to approve a Memorandum of Understanding between the City of Myrtle Beach Police Department and The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

This Memorandum of Understanding (MOU) is entered into by, and between, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Myrtle Beach Police Department as it relates to the Violent Crime Task Force.  The Task Force performs the following activities and duties:

  • Investigate firearms trafficking
  • Investigate firearms-related violent crimes
  • Gather and report intelligence data relating to trafficking of firearms
  • Conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the task force's activities will result in effective prosecution before the courts of the United States and the State of South Carolina.

NON-AGENDA ITEMS FROM THE PUBLIC

COMMUNICATIONS FROM CITY BOARDS/COMMISSION MEMBERS

COMMUNICATIONS FROM CITY COUNCIL AND CITY MANAGER

  1. Council Communications
  2. Chief Financial Officer (CFO) Update
  3. City Manager/Assistant City Manager (CM/ACM) Update
a.  Extraordinary Events (Ordinance 2020-036) – Memorial Day Weekend, May 27-31, 2021, and CCMF, June 10-13, 2021

REPORTS AND INFORMATION PRESENTATIONS FROM CITY STAFF

EXECUTIVE SESSION – Council may take action on matters discussed in Executive Session which are deemed to be “emergency” concerns.

NOTE:  South Carolina law requires that Council’s business is conducted in public with limited exceptions, known as “Executive Sessions.”  Subjects eligible for Executive Session include:  

  • Personnel matters.
  • Negotiations concerning proposed contractual arrangements and proposed sale or purchase of property.
  • The receipt of legal advice relating to:  

--  A pending, threatened or potential claim. 
--  Other matters covered by the attorney-client privilege.  Settlement of legal claims, or the position of the city in other adversary situations.  

  • Discussions regarding development of security personnel or devices.
  • Investigative proceedings regarding allegations of criminal misconduct.
  • Matters relating to the proposed location, expansion or provision of services encouraging location or expansion of industries or other businesses.   

Motions to go into Executive Session must be made in public and specify one or more reason above.  Council can take no vote or action in Executive Session.  

ADJOURNMENT