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 8, 2022
9:00 A.M. – 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

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

APPROVAL OF MINUTES…  October 25, 2022

PUBLIC REQUESTS, PRESENTATIONS, AWARDS, MEMORIALS:

1. Winter Wonderland at The Beach Update – Troy Marron (Workshop)
2. Grants Update – Drayton Arnold (Workshop)
3. Capital Projects Update – Michael Price (Workshop)
4. 2023 Dr. MLK, Jr. Grand Strand Freedom Week – Marcella Swans and Bill Jones (Meeting)
5. Proclamation declaring the week of November 12-18, 2022, as “National Community Foundation Week” (Meeting)
6. Proclamation declaring November 26, 2022, as “Small Business Saturday” (Meeting)
7. Public Information Update – PIO Staff

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. 

Resolution R2022-041 to accept the dedication of a certain roadway known as Pintail Drive (66’ public right-of-way) within the Coventry Marketplace Development.

The owner has constructed a 66’ public right-of-way known as Pintail Drive within the Coventry Marketplace Development.  Public utilities have been located within, along and above the right-of-way.  Street complies with current standards and construction requirements.  Owner has provided executed dedication deed for the transfer of the roadway.  The proposed resolution is consistent with longstanding city policy and practice.

Motion M2022-147 authorizing the City Manager or his designee to:  enter into an agreement with the South Carolina Department of Labor, Licensing and Regulation, Division of Fire and Life Safety; accept nonrecurring funds in the amount of $1,000,000 for the purpose of funding new equipment and replacement equipment to support the Myrtle Beach Regional Type-II Urban Search and Rescue Team; and, record the appropriation in the amount approved.

The South Carolina General Assembly passed, with the Governor signing it into law, appropriations for the state’s Urban Search and Rescue (USAR) teams.  All five of the state’s regional teams will receive a one-time disbursement of $1,000,000.  This funding is to support new equipment and replacement equipment as listed on the FEMA USAR Equipment Cache List.  South Carolina LLR, through the Office of the State Fire Marshal, will provide the funds upfront; the department will submit documentation as the monies are spent.  The State Fire Marshal must approve the department’s proposed expenditures.  No match is required. 

Motion M2022-148 authorizing the City Manager or his designee to:  accept a grant in the amount of $73,500 from the South Carolina Law Enforcement Division – 2019 State Homeland Security Grant Program to support the Pee Dee Regional WMD Hazmat Team/Myrtle Beach Fire Department for Hazardous Materials response; record the appropriation of such grant funds in the amount approved; and, execute and deliver the grant agreement and such related documents as may be required to put the grant into effect.  No local match is required.

The above amount represents re-obligation funds from the 2019 South Carolina Law Enforcement Division State Homeland Security Grant Program.  The previous grant amount in the 2019 application was $77,000 and the re-obligation amount is $73,500; the total adjusted award amount is $150,500.  The Myrtle Beach Fire Department hosts the Pee Dee Regional WMD HAZMAT Team, which is part of a statewide program that provides hazardous materials and weapons of mass destruction response efforts to incidents across the State of South Carolina.  Maintaining these resources and trained personnel affords the Fire Department the capability to efficiently, and effectively, mitigate challenging HAZMAT incidents within the city and surrounding areas.

Motion M2022-149 authorizing the City Manager or his designee to accept a donation of $1,000 from Seaboard Signs to implement and begin an E-Sports Program on behalf of the Parks, Recreation and Sports Tourism Department.  No match is required.

This funding will be used by the Parks, Recreation and Sports Tourism Department to aid in the development and implementation of an E-Sports League.  This program is expected to start in Spring/Summer 2023, and open registration to at least 24 kids to participate in the program.  An anticipated eight teams will be created to administer the first game offered for competition, Rocket League.  Rocket League is a sports-based video game where players work together as a team to advance the ball downfield and score goals in the opponent’s net.

REGULAR AGENDA

2nd Reading Ordinance 2022-042 a supplemental ordinance providing for the issuance and sale of City of Myrtle Beach, South Carolina, limited obligation bonds (tax increment pledge), taxable series 2022, in the aggregate principal amount of not exceeding $15,000,000; prescribing the form and details of such bonds; and, other matters relating thereto.

The Oceanfront Redevelopment District was created in 2008 and covers parcels between the Atlantic Ocean and Kings Highway, from 16th Avenue North to Sixth Avenue South.  The proposed ordinance issues $15 million for projects that may be funded from incremental taxes or other sources consistent within the Downtown Master Plan. 

Projects eligible to be funded by TIF revenues include, but are not limited to, the following:

• Performing Arts Theatre
• New Library and Children’s Museum
• Renovations to Existing Chapin Library Structure
• City Square
• Public Utility and Streetscape Improvements
• Purchase and Restoration of Transitional Properties within Redevelopment Area

2nd Reading Ordinance 2022-048 granting a non-exclusive consent agreement to DC Blox, Inc. to install, maintain and operate telecommunication facilities in the public streets and rights-of-way. 

DC Blox is constructing a transoceanic subsea data cable that will make landing at Myrtle Beach State Park.  To connect the cable to its data center located at 1401 Howard Avenue, DC Blox has requested to route the cable through the public rights-of-way along portions of Farrow Parkway, Shine Avenue, Phillis Boulevard and Howard Avenue.  DC Blox has requested a Non-Exclusive Consent Agreement with the city authorizing the right to use and occupy the public streets and rights-of-way.

1st Reading Ordinance 2022-049 to amend the Code of Ordinances, City of Myrtle Beach, Appendix A Zoning Article 2 Definitions, Article 10 Parking and Loading Requirements, and Article 14 Zoning Districts, to add “Data Center” as a permitted use in the AP (Airport), HC1 (Highway Commercial), LM (Light Manufacturing) and WM (Wholesale/Manufacturing) Zoning District.

In recent months, the city has had multiple inquiries from developers in the data industry scouting Myrtle Beach as a possible location for new data center facilities.  Data centers are large facilities housing computer servers, with minimal staff on-site (i.e. cloud servers).  Data centers are currently not a permitted use.  The applicant requests that “Data Centers” be allowed in the HC1 (Highway Commercial) District.  Staff reviewed the Zoning Code and the Zoning Map, and staff recommends adding Data Centers to the permitted uses list for the AP (Airport), LM (Light Manufacturing) and WM (Wholesale/Manufacturing) Zoning Districts.

1st Reading Ordinance 2022-050 to amend the Code of Ordinances, City of Myrtle Beach, Appendix A Zoning Section 1311.M.8 Concealed Wireless Facility, to include additional options for wireless facilities and their support structures to allow for improved ventilation of equipment.

The city’s Zoning Code regulates construction and appearance of wireless communications facilities (radios/antennae), and the structures that support them, to the extent permitted by federal regulations.  Per City Code, some areas of the city only allow concealed facilities; concealment measures are designed in such a way to be hidden from public view, often by the design of their support structure (e.g. radios and antennae housed within a church steeple).  This ordinance, if adopted, would increase the concealment options available to meet current technologies developed by the industry.

1st Reading Ordinance 2022-051 in the Code of Ordinances for the City of Myrtle Beach, an ordinance to amend Section 19-124 and Divisions 1, 2, 3, 4, 5 and 7 of Chapter 19, Article VI entitled special events, parades, facility use, public performance and picketing.

This is an ordinance to streamline the special event and facility use permit process.  Permit decisions will be made by the Special Event Committee instead of City Council, with appeals being heard by the City Manager.  The ordinance also does the following:  clarifies membership and make-up of the Special Event Committee; outlines that parade applications will be processed by the Special Event Committee rather than the Police Department; explains the city’s intent to recover costs for the provision of city services; and, requires insurance for all facility use permits for events with alcohol.  It also gives the City Manager, in consultation with the Insurance and Risk Services Director, discretion to require more or less insurance coverage; or, in some circumstances, it gives the City Manager the ability to waive the insurance requirement.

Resolution R2022-042 to adopt state legislative priorities for the 2023 South Carolina Legislative Session.

The 125th South Carolina General Assembly commences its two-year session on January 10, 2023.  The list below shows the 2023 State Legislative Priorities for the City of Myrtle Beach

Economic Development

• Downtown Revitalization – Encourage and support state collaboration and partnerships to further the city’s downtown revitalization efforts.
• Convention Center Revitalization – Support state assistance in further renovations and rehabilitation to the Myrtle Beach Convention Center’s lobby and atrium.

Public Safety

• Squat Truck Legislation – Support legislation restricting the elevating or lowering of a motor vehicle.
• Opioid Legislation – Support legislation that continues to address opioid, fentanyl and synthetic drugs in our community.
• Mental Health – Support legislation increasing the expansion of mental health services in the state.

Transportation

• Alternative Modes of Transportation – Support efforts requiring SCDOT to incorporate alternative modes of transportation when resurfacing and rehabilitating state roadways within neighborhoods.

General

• Retiree Proviso – Support reasonable legislation to allow SCRS and PORS retirees to return to work without financial limitations.
• Home Rule – Oppose any proposed legislation or regulation infringing on the city’s home rule.

Motion M2022-150 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 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:  

• 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