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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, NOVEMBER 9, 2021
9:00 A.M. – PUBLIC HEARING/WORKSHOP – COUNCIL CHAMBER
10:00 A.M. –  MEETING – COUNCIL CHAMBER
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.

A PUBLIC HEARING WILL BE HELD AT 9:00 A.M., TUESDAY, NOVEMBER 9, 2021, AT THE TED C. COLLINS LAW ENFORCEMENT CENTER TO DISCUSS THE FOLLOWING ITEM, AT WHICH TIME THE PUBLIC IS INVTED TO COMMENT:  2021 COMPREHENSIVE PLAN

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

APPROVAL OF MINUTES…  October 26, 2021

PUBLIC REQUESTS, PRESENTATIONS, AWARDS, MEMORIALS:

  1. Pre-65 Healthcare Update (Workshop)
  2. Jazz Festival Update – Mickey James (Meeting)
  3. Public Information Update – PIO Staff (Meeting)

NON-AGENDA ITEMS FROM THE PUBLIC (30 MINUTE TIME LIMIT)

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. 

Motion M2021-155 authorizing the City Manager or his designee to:  apply for a grant of $13,100 from Firehouse Subs Public Safety Foundation; 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 is required.

The grant will be used to acquire an inflatable safety house to be used for fire safety educational events.  The house aids firefighters in teaching the public about home exit drills, cooking dangers, smoke detector replacement, window emergency exits, heat door checks, staying low below the smoke, and more.  Firehouse Subs Public Safety Foundation’s mission is to improve lifesaving capabilities and the lives of local heroes and their communities by providing equipment and prevention education tools to first responders, non-profits, and public safety organizations.

Motion M2021-156 authorizing the City Manager or his designee to:  apply for a grant of $1,500 from the America Walks Community Change Grant Program on behalf of Neighborhood Services; 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 is required.

The Beachside Chats MLK Service Day Walking and Learning Project will take place on MLK Day.  Participants will meet at the Convention Center parking lot to begin a walking and learning program down Carver Street.  Monies from the grant will be used to purchase sidewalk decals and refreshments, and provide music from a DJ.  The America Walks Community Change Grant program supports the growing network of advocates, organizations, and agencies working to advance walkability.  Grants are awarded to innovative, engaging, and inclusive programs and projects that create change and opportunity for walking and movement at the community level.

Motion M2021-157 to approve a Special Event Permit to Bridgette Bolie/B-Nice Creations for the “Welcome New Businesses Event” on December 11, 2021, from 12:00 to 6:00 p.m.  The event will include closing of right away adjacent to businesses on Sixth Avenue North (as shown in the site plan).  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. 

A networking event for businesses in the neighborhood (along Sixth Avenue North, between Broadway and Maple Streets).  The event is from 12:00 to 6:00 p.m. on December 11 and features a bouncy house and photo booth.

Motion M2021-164 authorizing the City Manager or his designee to:  apply for a grant of $207,492 from the SC Department of Public Safety - Highway Safety and Justice Programs, School Resource Officer Grant Program; 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 is required.

If awarded, the grant will allow for the city to hire a School Resource Officer (SRO) to serve at Myrtle Beach Primary School.  It will also provide training and equipment for the SROs at Myrtle Beach Primary and Elementary Schools.  The School Resource Officer for the Myrtle Beach Primary School will provide a safe place for students to learn through partnership with the officer, administrators, and faculty by developing safety plans and education tools.  Additional training and equipment for the SRO at Myrtle Beach Primary and Myrtle Beach Elementary Schools will enhance the effectiveness.

REGULAR AGENDA

2nd Reading Ordinance 2021-039 an ordinance concurring in amendments to the redevelopment and financing plan of the Myrtle Beach Air Force Base Redevelopment Authority, as amended; and, other matters relating thereto.

Following the Redevelopment Authority’s adoption of the 2018 Amendment to the Air Base Redevelopment Plan and the city’s concurrence, Horry County and the Horry County School District initiated a lawsuit against the Authority and the city (December 2018).  The lawsuit was resolved by mutual agreement of the parties on July 13, 2021 (the “Agreement”).

Amendment provides for the following:

  • An initial distribution to the city, Horry County, and Horry County School District in the amount of $6,248,168 from accumulated incremental taxes
  • Annual distributions of $6 million each year until the dissolution of the district
  • Completion of $28.5 million of capital projects by CY2028/FY2029
  • Defeasance of the remaining debt in 2028/29

2nd Reading Ordinance 2021-040 to amend Appendix A, Zoning, of the Code of Ordinances Article 11 Floodplain Management Regulations to:  adjust regulations as required by FEMA and the South Carolina Code of Laws; and, maintain regulatory consistency with the adoption of the 2019 FEMA flood maps.

The city needs to adopt the new FEMA flood maps by December 16, 2021.  The goal is to continue to minimize community flood risks and maintain our current NFIP “Class 5” community rating.  The proposed maps re-classify some coastal property from the VE flood zone to the AE flood zone.  The city’s participation in CRS saves residents an estimated $1,000,000 annually in flood insurance premiums. 

2nd Reading Ordinance 2021-041 authorizing the sale of surplus city property on Old Bridge Road to Robert Lukey.

The city owns surplus property located at 855 Old Bridge Road.  The sale is subject to the following terms and conditions:

  • The property is sold in “as is, where is” condition.
  • Buyer shall be responsible for all taxes that may accrue as a result of the transfer.
  • Buyer shall pay all costs and fees associated with the sale and closing to include, but not limited to: preparation of the deed and other documents associated with the transfer; attorney’s fees; closing costs; and, filing and recording fees to include deed stamps.
  • Buyer shall not build any structure or make any improvement that interferes with the ability of the City of Myrtle Beach to access underground lines and valves unless written permission is granted by the city.
  • Buyer recognizes that the City of Myrtle Beach’s intent is to reserve the utility easement on top of, below and across the property for all water and sewer utilities, and that the sale is subject to those easements.
  • The city reserves the right to access the property for installation, operation, maintenance, inspection and/or to allow for the repair of all water and/or sewer utilities. If the property is disturbed or damaged in connection with the installation, operation, maintenance, inspection and/or repair of utilities, the city has no liability or responsibility to repair the property or return the property to its condition prior to the damage or disturbance.

1st Reading Ordinance 2021-042 to authorize the purchase of real property identified as TMS #181-11-01-9041 and Horry County PIN #443-06-03-0012 from NSC of Myrtle Beach, LLC, for $350,000.

This property owned by the Ammons family and is located behind the old Walgreens on Third Avenue South and Kings Highway, and is adjacent to Withers Swash.  The city applied for, and received, a $175,000 grant from the Federal Government Land and Water Conservation Fund.  This last parcel of privately owned land will expand regional pedestrian connectivity from Kings Highway on the east side, and Broadway Street on the west, through Withers Swash Park.  

1st Reading Ordinance 2021-043 to ratify M2020-063 and amend Section 20.13 of the Lease Agreement with American Surf Park, LLC.

The applicant proposes to develop a surf park on city-owned property behind the John T. Rhodes Myrtle Beach Sports Center, east of Grissom Parkway, and south of Burroughs & Chapin Boulevard.  The applicant and the city signed a Lease Agreement in May, 2020, via a Motion (M2020-063 on May 12, 2020).  Leases should be executed via Ordinance.  Due COVID-19, the applicant is requesting an extension to obtain the necessary financing as outlined in Section 20.13 of the Lease Agreement.  The applicant wishes to extend the deadline to December 31, 2022.

1st Reading Ordinance 2021-044 to repeal Sections 11-21 through Sections 11-39 of Chapter 11 Licenses and Miscellaneous Business Regulations of the Code of Ordinances and replace with Attachment A of this Ordinance.

In September 2020, the state adopted the South Carolina Business License Tax Standardization Act.  The city worked with MASC on the new ordinance.  To prevent a windfall, the city rebalanced the business license rates to ensure revenue neutrality.  All cities and counties across the state need to amend their Business Licenses Ordinances and conform to the new law by December 31, 2021.

1st Reading Ordinance 2021-045 to amend Ordinance No. 2020-031, the 2020-2021 Budget Ordinance, recognizing material events and their impacts upon the 2020-2021 budget reconciling budgets with audited results.

Each year, as the result of closing and adjusting entries, the city considers whether it must adopt a wind-up ordinance to account for adjustments that changed the original adopted budget.  In 2021, aside from normal issues of timing at the close of the year, a number of events occurred that necessitate a wind-up ordinance to include:

  • The pandemic, and associated economic and operational impacts
  • Distribution of hospitality settlement funds
  • Additional initial funding of declared surplus by the Air Base Redevelopment Authority, which subsequently will be distributed to the school district, county, and city.

The resulting changes to the FY21 Budget reflected in this amendment include the items below.

  • The Hospitality Fee, Hospitality Tax, Local Accommodations Tax, Local Accommodations Tax (new), and Tourism Development Fee to recognize revenues in excess of budget estimates and to appropriate those revenues to cover: eligible public safety capital and operational costs; Convention Center facility capital and operational costs; capital project costs; and, debt service expenditures related to tourism.
  • The Hospitality Tax to recognize the city’s portion of distributed settlement funds and allocate to the Oceanfront Tax Increment District for the purpose of funding tourism-related Capital Improvement Projects.
  • The Air Base Tax Increment Funds to: recognize the increase in funds declared surplus through an additional initial distribution by the Redevelopment Authority in October 2021 and distributed to taxing districts; and, recognize a transfer to Capital Improvements for the Police Annex project as approved in the amended TIF plan.
  • General revenues and fund balance to recognize general and intergovernmental revenues in excess of budgeted amounts and appropriate fund balance to cover: hospitality suit-related legal fees and offset deficit balances in self-funded insurance programs.
  • Workforce Housing and Capital Projects to recognize transfers in of general revenues.
  • Public Facilities Fund to recognize closure of the fund and transfer of remaining balance for debt service.

1st Reading Ordinance 2021-046 to enact the City of Myrtle Beach Comprehensive Plan 2021.

South Carolina requires municipalities to adopt a new Comprehensive Plan every 10 years.  The current Myrtle Beach Comprehensive Plan was adopted in 2011.

1st Reading Ordinance 2021-047 approving the sale of property at 513 and 515 Ninth Avenue North and authorizing action necessary to effect the sale.

The properties being sold are a part of the Ninth Avenue North redevelopment efforts in the new Arts & Innovation District.   The buildings are being sold to a company that specializes in information technology and cyber security consultation.  The company is growing and expects to add 38 jobs over the next five years.  The purchase price is sufficient for the city to recoup its investment in the purchase and rehabilitation of the properties. 

1st Reading Ordinance 2021-048 approving the execution and delivery by the City of Myrtle Beach, South Carolina, of a lease between the city, as lessor, and Le Manna Bread Company, LLC, as lessee, with respect to building located at 507 Ninth Avenue North in the City of Myrtle Beach.

The property is one of the historic buildings and was originally a bakery; the proposed tenant will open a new bakery in the space.  The building cannot be sold for the first five years and is being leased at $6 per square foot, the agreed upon target rate.

Resolution R2021-030 authorizing the purchase of real property located at the corner of Oak Street bearing TMS #1810713001.

The property being purchased has been identified in the Advanced Master Plan as a needed parcel to proceed with the implementation of the Master Plan.  The purchase property is $184,500; the current market value as calculated by the Horry County Assessor is $210,830.

Motion M2021-158 to issue a Rule to Show Cause to require the owner(s) or parties in interest of property known 301 and 303 North Ocean Boulevard to show cause as to why they should not be ordered to bring the property into compliance with Chapter 10 of the Code of Ordinances of the City of Myrtle Beach.

If approved, the Rule to Show Cause Order compels the property owner to either bring the structure (or property) back into compliance with City Code or to demolish the structure.  The order allows the city to mitigate the non-compliance issues if the property owner fails to do so, and to lien the property for the costs incurred.

Motion M2021-159 to issue a Rule to Show Cause to require the owner(s) or parties in interest of property known as 302 North Ocean Boulevard to show cause as to why they should not be ordered to bring the property into compliance with Chapter 10 of the Code of Ordinances of the City of Myrtle Beach.

If approved, the Rule to Show Cause Order compels the property owner to either bring the structure (or property) back into compliance with City Code or to demolish the structure.  The order allows the city to mitigate the non-compliance issues if the property owner fails to do so, and to lien the property for the costs incurred.

Motion M2021-160 authorizing the City Manager or his designee to accept $250,000 from the SC Department of Parks, Recreation and Tourism 2021-2022 budget to:  purchase sidewalk safety barriers for Ocean Boulevard; record the appropriation of such funds in the amount approved, and, execute and deliver the agreement and such related documents as may be required to put the agreement into effect.

The House Ways and Means Committee has allocated $250,000 in SCPRT’s 2021-2022 budget for the Myrtle Beach Safety Barrier Project.  This money will be used to purchase and install sidewalk railing safety barriers on both sides of Ocean Boulevard; from Seventh to 12th Avenues North, for the protection of pedestrians utilizing the sidewalks.

Motion M2021-161 to authorize the City Manager or his designee to accept a donation of a Passive Portal Security Scan system from Jonathan Silver and Passive Security Scan Inc. valued at $5,000 on behalf of the Police Department.

The Passive Security Scan System will be used at the Police Department detention facility.  It is time to take an extra precautionary step for inmates coming into the detention facility with possible contraband (guns, knives, etc.).  Officers do their best in physical searches and the laws are rather limited on more invasive searches.  Therefore, this piece of equipment will be perfect to place within the entrance of the detention facility to process inmates prior to their entering the area with other inmates.  The Passive Portal Security Scan System includes a laptop/tablet to run the unit, plus two years of technical support. 

Motion M2021-162 authorizing the City Manager or his designee to:  apply for a grant of $50,000 from SC Department of Commerce, Office of Innovation’s Relentless Challenge Grant program; 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 cash match of $37,500 will be provided by eMYRge, along with $12,500 of in-kind volunteer hours from the Technology Advisory Group.

The Technology Advisory Group (TAG) and the City of Myrtle Beach will contract with the Center on Rural Innovation to set the stage for a digital economy ecosystem.  The overall purpose of the project is to complement, and add to, the work that has been completed to date by TAG and eMYRge.  The purpose is to fill in the gaps within our ecosystem that will allow the city to grow, flourish, and prepare our community to apply for an EDA Build to Scale Grant.  This project will focus on developing strategies to:  provide access to capital; train the digital workforce; and forge pathways for the local population to gain access to digital jobs.

Motion M2021-163 authorizing the City Manager or his designee to apply for community-supported transportation improvement projects, presently identified within the regional 2040 Metropolitan Transportation Plan (2040 MTP), to become eligible for advancement during the future program years of the Grand Strand Area Transportation Study (GSATS) Transportation Improvement Program (TIP).

GSATS is the designated Metropolitan Planning Organization (MPO) responsible for carrying out the urban transportation planning process for the Grand Strand area.  The GSATS project application process allows community-driven transportation improvement projects to compete for inclusion within the GSATS TIP, which considers Federal Highway Administration (FHWA), Federal Transit Administration (FTA), and Road Improvement and Development Effort (RIDE) funding sources. 

The City of Myrtle Beach intends to submit GSATS project applications for three transportation improvement projects within our jurisdiction:  the widening of Seaboard Street, from Hwy 501 to Mr. Joe White Avenue; the widening of 38th Avenue North, from Grissom Parkway to Kings Highway; and, Kings Highway bike, pedestrian, and transit improvements from Farrow Parkway to 31st Avenue North as represented within the GSATS Kings Highway Corridor Study.

Motion M2021-165 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.  This 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.

NON-AGENDA ITEMS FROM THE PUBLIC (30 MINUTE TIME LIMIT)

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

REPORTS AND INFORMATION PRESENTATIONS FROM CITY STAFF

EXECUTIVE SESSION – Upon returning to Public 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