CITY OF FOLLY BEACH Tim Goodwin, Mayor Folly Beach, SC 29439 www.cityoffollybeach.com (P) 843-588-2447 (F) 843-588-7016 Eddie Ellis, Mayor Pro Tem Teresa Marshall, Council Member William Farley, Council Member Amy Ray, Council Member Laurie Hull, Council Member D.J. Rich, Council Member _______________________________________________________________________________________________________________________ City Council Meeting Tuesday August 13 th , 2019 WORK SESSION 6:00 P.M. REGULAR MEETING 7:00 P.M. Folly Beach City Hall 21 Center Street Folly Beach, SC 29439 Work Session Agenda 6:00PM a. Street Lighting b. Capital Plan c. Pedestrian Paths Update Regular Meeting Agenda 7:00PM 1. CALL TO ORDER/ROLL CALL 2. INVOCATION & PLEDGE OF ALLEGIANCE 3. MAYOR’S COMMENTS 4. STAFF REPORTS 5. APPROVAL OF AGENDA 6. APPROVAL OF PREVIOUS MINUTES OF JULY 9 th 1
Eddie Ellis, Mayor Pro Tem Teresa Marshall, Council Member William Farley, Council Member Amy Ray, Council Member Laurie Hull, Council Member D.J. Rich, Council Member _______________________________________________________________________________________________________________________
City Council Meeting Tuesday August 13th, 2019
WORK SESSION 6:00 P.M. REGULAR MEETING 7:00 P.M.
Folly Beach City Hall 21 Center Street
Folly Beach, SC 29439
Work Session Agenda 6:00PM
a. Street Lighting b. Capital Plan c. Pedestrian Paths Update
a. Maia Gill, Ph. D, Navi Institute LLC: Request permission for wellness coaching at
12th East.
b. Amy Foxhall, Parks and Recreation Board; Folly Family Fun Night update.
8. CITIZENS’ COMMENTS (Limited to Three Minutes)
9. COMMISSION, BOARD, COMMITTEE REPORTS
10. OLD BUSINESS
a. Ordinance 26-19: An Ordinance Amending the Beach Preservation and Construction Provisions of Chapter 151.23 (Construction Standards for Bulkheads, Riprap, Seawalls and Revetments) by Adding Section (D) to Prevent Hazardous Conditions for Nesting Sea Turtles from May 1st to October 31st. (SECOND READING)
11. NEW BUSINESS
a. Appointments to Boards, Commissions, and Committees
i. Parks and Recreation Board (1) Vacancy
City ordinance requires members shall be residents or property owners. 1. Vicki Hunt 2. Becca Lesesne 3. Michael McHale 4. Mary Ann Meyers 5. Matt Napier 6. Laura Pace 7. Roger VanDyke
b. Ordinance 27-19: An Ordinance Amending Chapter 33 (Boards, Commissions,
And Departments) of the Folly Beach Code of Ordinances by Amending Sections 33.010 (Accommodations Tax Advisory Board) and 33.030 (Community Promotions Committee) to add Reporting Requirements. (FIRST READING)
a. Ordinance 28-19: An Ordinance Amending Chapter 161 (Definitions), Section
161.02 (Definitions), and Chapter 164 (Use Standards), Section 164.02-04 (Commercial use Categories), by Amending the Definition of Outdoor Retailers to Include Businesses with no Permanent Location on Folly Beach. (FIRST READING)
b. Ordinance 29-19: An Ordinance Amending Title XI (Business Regulations) of
the Folly Beach Code of Ordinances by Creating Chapter 118 (Commercial Activity on Public Property) and Chapter 151 (Beach Preservation and Construction Provisions) by Striking Section 151.70 (Commercial Activity on the Beach). (FIRST READING)
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c. Resolution 47-19: A Resolution by the Folly Beach City Council Adopting the 2019 Marsh Management Plan for the City of Folly Beach.
d. Resolution 48-19: A Resolution by the Folly Beach City Council Authorizing
Staff to Acquire a Restroom Trailer at 2nd Street East Beach Access and tap into the Sewer Main at this Location.
12. Executive Session Pursuant to §30-4-70 of the Freedom of Information Act
a. Legal Advice Related to 7 U.S.C.A. 1926(b) as it relates to annexation and payments to James Island Public Service District.
13. CITY COUNCIL COMMENTS
14. ADJOURNMENT
PUBLIC NOTICE
ALL MEDIA WERE NOTIFIED PURSUANT TO STATE LAW
City Council will not vote on matters discussed during Work Sessions or Executive Sessions. However, matters discussed may be voted on during the evening City Council meeting.
In keeping with the Americans with Disabilities Act, persons needing assistance, alternative formats, ASL interpretation, or other accommodation, please contact the Municipal Clerk at 843-513-1833 during regular business hours at least 24 hours prior to the meeting. Hearing devices are available upon request for those with hearing difficulties. The City of Folly Beach, in an effort to go green, will no longer have the Ordinances and Resolutions included in the Agenda. Citizens interested in having a copy, please see the Municipal Clerk.
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From: [email protected]: Colleen JolleySubject: New submission from City of Folly Beach Event FormDate: Monday, July 22, 2019 4:21:37 PM
Which best describes your event? Select all that apply.
Other events on the beach (sporting events, fund raisers, etc)
Organizing Person or Organization
Navi Institute LLC
Organizer's Address
520 Folly Rd, Ste 25, Pmb 236Charleston, South Carolina 29412United StatesMap It
12th block east end - Folly BeachUnited StatesMap It
Event Name
Navi Coaching
Purpose of Event
Integrate evidence based strategies with experiential activities to improve well-being, offered to thegeneral public
Description of Event
Experiential activities (surf, art, nature walk) are utilized as an avenue to teach and reinforce strategies toincrease: 1) sense of connection to the environment-others 2) "good enough" satisfaction in daily living 3)
sustainable well-being. Skills offered to the general public include evidence based techniques and novel techniques derived from transdisciplinary sciences (biology, psychology, anthropology, economics). We would like to request ongoing use from 8/14/2019-8/14/2020. M-F 8 am-6 pm, Sat 8 am-10 am & Sat 6-8 pm with a cap of 10 hrs per week.
Estimated Number of Attendees
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Please describe how your event meets the criteria in Section (B)(1)
Navi Institute is a social impact initiative, that aims to help community members improve a sense ofbelonging within society and empathy for our environment. Navi coaching would provide an opportunitywithin the folly beach community and tourists to engage in healthy activities focused on play, adventure,and learning via nature-based experiences.
Will inflatables, trampolines, mechanical rides, amusement rides, petting zoos or animals be at theevent?
No
Is this event a sporting event?
Yes
Do you plan to serve (at no charge) alcoholic beverages at the event?
No
Do you plan to sell alcoholic beverages of any kind during the event?
No
By signing, you agree that you have read and will comply with the rules (links above), and will beavailable at the phone number listed during the event. You are responsible for complying with all cityrules and ordinances.
1st Reading: July 9th, 2019 Introduced by: Council Member Marshall 2nd Reading: August 13th, 2019 Date: July 9th, 2019
ORDINANCE 26-19
AN ORDINANCE AMENDING THE BEACH PRESERVATION AND CONSTRUCTION PROVISIONS OF CHAPTER 151.23 (CONSTRUCTION STANDARDS FOR BULKHEADS, RIPRAP, SEAWALLS AND REVETMENTS) BY ADDING SECTION (D) TO PREVENT HAZARDOUS CONDITIONS FOR NESTING SEA TURTLES FROM MAY 1ST TO OCTOBER 31ST.
WHEREAS, Folly Beach is a critical habitat for Sea Turtle Nesting; and
WHEREAS, The City’s mission statement includes protection of the environment on Folly; and
WHEREAS, Seawall construction requires access onto the beachfront; and
WHEREAS, The access required significantly disrupts the natural turtle nest incubation.
In order to protect beachfront areas for nesting sea turtles from May 1st to October 31st, the City Council of Folly Beach, SC duly assembled, hereby ordains that the Folly Beach Code of Ordinances be amended as follows:
NOTE: Deleted material struck through, new material shown in red
SECITON 151.23 CONSTRUCTION STANDARDS FOR BULKHEADS, RIPRAP, SEAWALLS AND REVETMENTS.
(A) For the purposes of this section, the following definitions shall apply:
BULKHEAD. A vertical erosion control device installed on high ground which is adjacent to the marsh front critical line as defined by OCRM.
REVETMENT. Sloping material installed seaward of a seawall facing the oceanfront baseline as defined by OCRM.
RIPRAP. Sloping material installed in front of a bulkhead on the side of the bulkhead facing the marsh front critical line as defined by OCRM.
SEAWALL. A vertical erosion control device installed on high ground which is adjacent to the oceanfront baseline as defined by OCRM.
(B) The following minimum construction standards are enacted.
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(1) All erosion control structures placed wholly or partly within the Dune Management Area or the setback from the critical line must be maintained in an intact usable condition or removal may be sought at the owner’s expense.
(2) New or substantially improved seawalls and associated revetments on the beach constructed after March 1, 2019 and placed wholly or partly within the Dune Management Area must be constructed so that the top of the vertical seawall is at an elevation of eight feet NAVD 88. Any portion of the Dune Management Area disturbed for the repair of an existing seawall or the construction of a new or substantially improved seawall after March 1, 2019 shall be filled such that the finished grade of the area of disturbance is at an elevation of ten feet NAVD 88 and planted with appropriate vegetation as designated by the Building Official.
(3) New or substantially improved bulkheads and associated riprap constructed along the marsh after March 1, 2019 and placed wholly or partly within the required setback from the critical line must be constructed so that the top of the vertical bulkhead is no higher than the adjacent grade on the landward face. Any portion of the critical line setback disturbed for the repair of an existing bulkhead or the construction of a new or substantially improved bulkhead after March 1, 2019 shall be filled such that the finished grade of the area of disturbance is at an elevation similar to the grade on the landward side and planted with appropriate vegetation as designated by the Building Official.
(4) Construction of bulkheads, seawalls, and revetments as well as the placement of riprap shall require a permit from the city and proof of location behind the SCDHEC OCRM critical line or baseline in the form of an as built current showing a certified baseline or critical line as applicable.
(5) No portion of a bulkhead, riprap, seawall, or revetment shall be placed seaward of the baseline or beyond the critical line without approval of SCDHEC OCRM.
(6) Bulkhead, riprap, seawalls, and revetments shall be designed by a professional engineer, registered in the state and shall meet the following minimum standards:
(a) Bulkhead and seawall requirements.
1. Materials.
i. Reinforced concrete six inches thick designed with adequate reinforcement to achieve a 3,000 psi 28-day strength.
ii. Pressure treated wood three inches by ten inches or three inches by 12 inches tongue and groove, or a double thickness of two inches sheeting with staggered joints is acceptable for walls with a standing height of under four feet.
2. Depth of embedment. The depth of embedment of a bulkhead shall be at least equal the height of the wall above the ground. An allowance should be made to account for erosion scour after construction.
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3. Tiebacks. Tiebacks shall be located at a spacing of eight feet or less and attached to secure anchors capable of withstanding a 2,000- pound pull. Tiebacks may be deleted if a revetment is placed seaward of the bulkhead.
4. Backfill. The bulkhead will be backfilled with a compacted clean granular material to provide adequate support. “Clean” shall mean no metal, wood or glass.
5. Protection from flanking. Bulkheads will either tie into adjacent bulkheads or will have an adequate return wall meeting the same requirements as the seaward wall.
6. Seawalls. No new vertical unfaced seawall shall be allowed on the ocean front. Any new vertical seawall surface must be faced with a sloping revetment.
(b) Revetments.
1. Materials. Broken pavement, blocks or bricks are not acceptable materials for the outer layer of a revetment. However, they may be used for under layers. The outside of a revetment shall consist of at least two layers of armor stones whose pieces shall range in weight from a minimum of ten pounds to a maximum of 250 pounds; at least 60% shall weigh more than 150 pounds.
2. Construction. Revetments shall be underlain with a commercial grade porous filter cloth designed for ocean erosion control and approved by the Building Official (i.e. Phillips 66 stock or equal) and placed on a slope no steeper than one vertical to two horizontal. The toe at the revetment shall extend at least two feet below the existing beach elevation and the ends shall be protected from flanking.
(c) Riprap.
1. Materials. Broken pavement, blocks or bricks are not acceptable.
2. Design. Riprap placement must be designed by a licensed marine contractor or a designed professional registered in the State of South Carolina.
(C) Adherence to these minimum standards will not guarantee that the bulkhead, riprap, seawall or revetment will withstand wave or tide forces or that it will protect against erosion. These standards are to prevent unsightly and inferior structures that would have little or no chance of success and could possibly become a hazard or nuisance.
(D) Seawall construction activity from May 1st through October 31st is subject to the following requirements:
(1) The permit holder must contact the Folly Beach Turtle Watch Permit Holder each day prior to the commencement of work. The Folly Beach Turtle Watch Permit Holder will provide verification that there no active turtles nests in the work area. Verification will be provided prior to 8:00 a.m.
(2) If an active nest is located in the work area, work must stop until nest is relocated. If a turtle nest located in the work area is established before permitted work begins and can’t be relocated, construction cannot begin until the nest hatches.
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(3) The work area shall be defined as the area within twenty-five feet of the location the seawall or the path used to access the site.
ADOPTED this 13th day of August 2019, at Folly Beach, South Carolina.
Ayes: Nays: Abstains:
__________________________ Municipal Clerk Tim Goodwin, Mayor
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CITY OF FOLLY BEACH
1st Reading: August 13th, 2019 Introduced by: Council Member Rich 2nd Reading: Date: August 13th, 2019
ORDINANCE 27-19
AN ORDINANCE AMENDING CHAPTER 33 (BOARDS, COMMISSIONS, AND DEPARTMENTS) OF THE FOLLY BEACH CODE OF ORDINANCES BY AMENDING SECTIONS 33.010 (ACCOMMODATIONS TAX ADVISORY BOARD) AND 33.030 (COMMUNITY PROMOTIONS COMMITTEE) TO ADD REPORTING REQUIREMENTS.
The City Council of Folly Beach, South Carolina, duly assembled, hereby ordains that the Folly Beach Code of Ordinance be amended as follows:
NOTE: deleted material struck through, new material shown in red for clarity
SECTION 33.010 ACCOMMODATIONS TAX ADVISORY BOARD.
(A) Purpose.
The Accommodations Tax Advisory Board shall make recommendations to City Council on, and establish guidelines for, the granting of 65% of the state accommodations funds, also called discretionary funds, pursuant to S.C. Code § 6-4-10 et sq.
(B) Composition and duties.
(1) The Board shall consist of seven members: four of whom shall represent the hospitality industry, with two of those four being from the lodging sector; one shall represent a cultural organization; and two shall represent the general public. If all applicants are similarly qualified, preference should be given to Folly Beach residents and registered voters.
(2) The Board shall publish in the local newspaper an advertisement stating the guidelines to be used in applying for the funds, the date when the applications are due, and the name and phone numbers of the contact person.
(3) After the applications have been received and reviewed by the Board, the Board shall set a date and time for a meeting to hear testimony from all applicants.
(4) The Board shall submit to the Municipal Clerk within ten days after the hearing its recommendations to City Council.
(5) After filing its recommendations with the Municipal Clerk, the Board shall submit its recommendations to City Council on the granting of discretionary funds.
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(C) Meetings. The Accommodations Tax Advisory Board shall meet when necessary to review and make recommendation to Council for the distribution of tax funds no later than September 15 of each year.
(D) Guidelines for distribution of funds.
(1) Sixty-five percent of the accommodations taxes received from the state, plus any interest earned, shall be placed in a special designated account until the time as the funds are distributed. Any funds not distributed for the fiscal year shall be earned over for redirection by ATAX, in addition to the next fiscal year's funds for distribution. If the funds have not been redirected by ATAX 30 days prior to their extinction dates, City Council shall expeditiously direct appropriate expenditure of these funds without ATAX recommendation.
(2) Entities or individuals applying for discretionary funds must either be a nonprofit organization or representing a nonprofit organization. It is not necessary for the applicant to have a 401(3)(c) Internal Revenue status to receive funds, but must be able to prove to the Board, if requested, that it is not a for-profit business.
(3) All requests for funding shall be tourism-related which include the following:
(a) Advertising and promotion of tourism so as to develop and increase tourist attendance through the generation of publicity;
(b) Promotion of the arts and culture;
(c) Construction, maintenance and operation of facilities for civic and cultural activities including construction and maintenance of access and the nearby roads and utilities for the facilities;
(d) Funding for the criminal justice system, law enforcement, fire protection, solid waste collection and health facilities when required to serve tourists and tourist facilities. The expenditure under this section must be for items that would normally not be provided if the city had no tourist activity and the amount of the expenditure must be based on the estimated percentage of costs attributable to tourism.
(e) Public facilities such as restrooms, dressing rooms parks, and parking lots;
(f) Tourist shuttle transportation;
(g) Control and repair of waterfront erosion; and
(h) The operating of visitor information centers.
(4) Under the state statute, in order to qualify as a "tourism-related expenditure" an expenditure must be used to attract or provide for tourists and cannot be used for an item that would normally be provided by the city.
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(5) In order to qualify, applicants must provide a 25% match in funds. In-kind labor and contributions can be used toward the match. Proof of the match must be submitted at the time of the submission of the application.
(6) When submitting applications, applicants must provide:
(a) A budget showing revenues and expenditures when submitting their application;
(b) A list of items or services showing how funds were spent in the following formats: a bank statement with a detailed list of charges, canceled checks, or receipts;
(b) (c) The names of all members of their board, commission or committee when submitting their applications;
(c) (d) A list of other projects in which they have been involved, i.e., Sea and Sand Festival, Art Show and Competition and the like;
(d) (e)A closing report with actual revenues and expenditures before July 1 of the following year.
(7) Any violation of the guidelines by the applicant shall result in forfeiture of any funds received and the applicant shall be prohibited from applying for future discretionary funds.
(Ord. 25-17, passed 9-26-17)
33.030 COMMUNITY PROMOTIONS COMMITTEE.
(A) Purpose. The Community Promotions Committee shall make recommendations to City Council on, and establish guidelines for, the donation of funds in the City's Community Promotions Account to individuals, organizations, and non-profit entities.
(B) Composition and duties.
(1) The Committee shall consist of five members. All members shall be property owners or residents of the city; one of whom shall represent a non-profit entity; one of whom shall represent the business sector, and three shall represent the general public.
(2) The Community Promotions Committee shall review all requests for disbursement of funds from the Community Promotions Account.
(a) Applications for funds shall be accepted on an ongoing basis.
(b) The Foundation shall make recommendations for approval only if the funds proposed to be donated to individuals, organizations, and non-profit entities are to be used for a public purpose. Public purpose is defined as promotion of the public health, safety, morals, general welfare, security, prosperity, and contentment of all the residents of the city or at least a substantial part thereof.
(c) When a request for funds has been recommended for approval, a memorandum shall be submitted to the City Council listing the applicant and the funds recommended.
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(C) Meetings. The Community Promotions Committee shall meet when necessary to review applications for funding.
(D) Guidelines for distribution of funds.
(1) When submitting applications, applicants must provide:
(a) A list of items or services showing how funds were spent in the following formats: a bank statement with a detailed list of charges, canceled checks, or receipts;
(b) A closing report with actual expenditures before July 15th of the following year.
(2) Any violation of the guidelines by the applicant shall result in forfeiture of any funds received and the applicant shall be prohibited from applying for future discretionary funds.
ADOPTED this _______ day of ________ 2019, at Folly Beach, South Carolina.
Ayes: _______ Nays: ________ Abstains: _______
____________________________________ __________________________ Municipal Clerk Tim Goodwin, Mayor
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CITY OF FOLLY BEACH
1st Reading: August 13th, 2019 Introduced by: Mayor Goodwin 2nd Reading: Date: August 13th, 2019 ORDINANCE 28-19
AN ORDINANCE AMENDING CHAPTER 161 (DEFINITIONS), SECTION 161.02 (DEFINITIONS), AND CHAPTER 164 (USE STANDARDS), SECTION 164.02-04 (COMMERCIAL USE CATEGORIES), BY AMENDING THE DEFINITION OF OUTDOOR RETAILERS TO INCLUDE BUSINESSES WITH NO PERMANENT LOCATION ON FOLLY BEACH.
The City Council of Folly Beach, South Carolina, duly assembled, hereby ordains that the Folly Beach Code of Ordinance be amended as follows:
NOTE: Deleted material struck through, new material shown in red, moved material show in green for clarity
SECTION 161.02 DEFINITIONS.
The following words, terms, and phrases, when used in this ZDO, shall have the meaning ascribed to them in this section.
OUTDOOR DISPLAY/SALES. The placement of products or materials for sale outside the entrance of a retail or wholesale sales establishment.
OUTDOOR RETAILERS. An outdoor retailer is any business that rents, leases, or sells products (including food products) to the public at a location in Folly Beach other than in a permanent building or without a permanent location in the City of Folly Beach. Outdoor retailers include businesses that conduct business primarily from vehicles of any description, trailers, storage units, mobile units, carts, stands, booths, tables, tents, or open spaces (e.g., golf cart and bicycle rentals).
OUTDOOR STORAGE. The keeping, in an unroofed area of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours. This shall not include the display of vehicles for sale in a new or used car sales lot. Such activities may be the principal use of the land where located or as an accessory use to another principal use…. PEAK RATE OF DISCHARGE. A stormwater modeling term that describes the highest volume over time of runoff from a storm event. PERMANENT BUILDING. A permanent building is a building that has solid walls, a roof, doors, windows, and a permanent foundation.
PERFORMANCE GUARANTEE. A financial deposit to ensure that all improvements, facilities, or work required will be completed in conformance with the approved plan.
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SECTION 164.02-04 COMMERCIAL USE CATEGORIES. (K) Outdoor retailers. An outdoor retailer is any business that rents, leases, or sells products (including food products) to the public at a location in Folly Beach other than in a permanent building or without a permanent location in the City of Folly Beach. A PERMANENT BUILDING is a building that has solid walls, a roof, doors, windows, and a permanent foundation. Outdoor retailers include businesses that conduct business primarily from vehicles of any description, trailers, storage units, mobile units, carts, stands, booths, tables, tents, or open spaces (e.g., golf cart and bicycle rentals). (L) Formula business. A formula business is any business with ten or more outlets anywhere in the world; and with standardized services, such as merchandise, trademark, logo, uniforms, décor, and the like. (Ord. 05-10, passed 3-23-10; Am. Ord. 03-12, passed 2-21-12; Am. Ord. 03-13, passed 4-9-13; Am. Ord. 26-17, passed 1-9-18; Am. Ord. 11-18, passed 11-13-18; Am. Ord. 13-18, passed 12-4-18) ADOPTED this ___ day of _______________, 2019, at Folly Beach, South Carolina. Ayes: Nays: Abstains:
__________________________ Municipal Clerk Tim Goodwin, Mayor
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CITY OF FOLLY BEACH
1st Reading: August 13th, 2019 Introduced by: Mayor Goodwin 2nd Reading: Date: August 13th, 2019 ORDINANCE 29-19
AN ORDINANCE AMENDING TITLE XI (BUSINESS REGULATIONS) OF THE FOLLY BEACH CODE OF ORDINANCES BY CREATING CHAPTER 118 (COMMERCIAL ACTIVITY ON PUBLIC PROPERTY) AND CHAPTER 151 (BEACH PRESERVATION AND CONSTRUCTION PROVISIONS) BY STRIKING SECTION 151.70 (COMMERCIAL ACTIVITY ON THE BEACH).
The City Council of Folly Beach, South Carolina, duly assembled, hereby ordains that the Folly Beach Code of Ordinance be amended as follows:
NOTE: Deleted material struck through, new material shown in red, moved material in green for clarity
CHAPTER 118: COMMERCIAL ACTIVITY ON PUBLIC PROPERTY
SECTION 118.01 PURPOSE, APPLICABILITY, AND DEFINITIONS
(A) The purpose of the Chapter is to regulate commercial activity on public property within the City of Folly Beach including streets, sidewalks, rights-of-ways, parks, playgrounds, and the public beach.
(B) COMMERCIAL ACTIVITY is defined as advertising a business of any kind; or selling, renting, or delivering goods or services.
SECTION 118.02 COMMERCIAL ACTIVITY ON PUBLIC PROPERTY GENERALLY
No commercial activity shall occur on a street, sidewalk, right-of-way, beach or other public property or interfere with the public’s use of such public property unless the business has a franchise from the City, is approved by City Council, or is being operated as part of a special event regulated by Ch. 153, Special Events, etc.
SECTION 118.03 COMMERCIAL ACTIVITY ON THE PUBLIC BEACH.
(A) No commercial activity is permitted on the public beach except as expressly provided for herein.
(B) There are hereby designated two sections of the public beach, as follows:
(1) Section One is the area between 3rd West and 3rd East.
(2) Section Two is the balance of the public beach.
(C) The commercial activities allowed within Section One are as follows:
(1) Beach chair and umbrella rentals provided by vendors operating under a franchise agreement with the City. No more than two franchises shall be allowed.
(2) Personal watercraft rentals which shall meet the following standards:
(a) The franchisee shall possess on-site proof of current registration (certificate of numbers) for each personal water craft (PWC).
(b) All employees shall be CPR certified, and the franchisee shall have an automated external defibrillator (“AED”) on site. The vendor shall also have a safety plan in coordination with Charleston County Parks and Recreation lifeguards.
(c) The vendor shall have one CPR certified employee with no additional responsibilities than to watch the watercraft from shore.
(d) Watercraft shall be kept in safe working condition.
(e) Failure to adhere to these standards will result in revocation of the franchise agreement and business license.
(3) Any other commercial activities approved by City Council provided they do not interfere or compete with franchise including those being provided as part of a special event regulated by Ch. 153, Special Events, etc.
(J) Weddings and photography activities, which do not require a franchise agreement or City Council approval but do require a current business license. However, these activities shall not interfere with the activities of the franchisees.
(F) Section One shall have a maximum of one vendor renting personal watercraft, and a maximum of two vendors renting beach chairs and umbrellas.
(G) The commercial activities allowed within Section Two are as follows:
(1) Beach chair and umbrella rentals provided by vendors operating under a franchise agreement with the City. No more than two franchises shall be allowed.
(2) Surf and paddleboard lessons which involve no more than five students. Lessons do not require a franchise agreement but must obtain permission from City Council and a business license annually. Permission from City Council will only be considered if proof of the safety standards and certifications below is presented to Council. Lessons must occur outside of Section One and the Washout (1500 block) and do not have exclusive right to any section of the beach.
(3) Surf and paddleboard camps involving more than five students with a franchise agreement with the City. There will be a maximum of four surf camp franchises per year on the beach and two paddleboard camp franchises, with location determined by City staff in coordination with franchise
holder. Camps must not exceed 40 students and can only operate between the hours of 8:00 a.m. to 1:00 p.m.
(4) Any other lessons, classes, camps, or other commercial activities approved by City Council.
(5) Weddings and photography activities, which do not require a franchise agreement or City Council approval but do require a current business license. However, these activities shall not interfere with the activities of the franchisees.
(H) All surf and paddleboard lessons and camps must adhere to the following safety standards:
(1) Lessons and camps must have one instructor for every five students.
(2) At least one instructor per ten students must be lifeguard, CPR, and first aid certified, with current certifications on file with the city. This certification requirement also applies to lessons, classes, and camps having less than ten students. There must be a first aid kit on site.
(3) Each provider must carry liability insurance of at least $1,000,000 that names the City of Folly Beach as an additional insured.
(4) Lesson and camp providers may not advertise on the beach, but franchise holders may have a tent no larger than ten feet by ten feet that includes the provider’s name, logo, and contact information.
(5) Failure to adhere to these standards will result in revocation of the franchise agreement and business license.
(I) A business license shall be obtained before any activities listed above can be initiated.
SECTION 118.04 FRANCHISE AGREEMENTS ON PUBLIC PROPERTY.
(A) City Council is authorized to enter into franchise agreements with vendors on public property pursuant to state law which allows municipalities and counties to franchise public property to private concerns.
(B) The minimum bid amount shall be determined by City Council prior to publication of the request for bids. City Council may also require vendors to pay a percentage of their gross proceeds in addition to the amounts bid. The award of a franchise to a vendor shall be determined through the competitive bid process using the criteria set forth in the Folly Beach Code of Ordinances, § 36.17, Formal Bidding Procedures.
(C) (1) Each of the approved vendors shall enter into up to a five-year franchise agreement with the city, with City Council having the option to extend the franchise for up to an additional five years with an extension fee and/or renegotiated franchise fee as set by Council if the extension is in the best interest of the city.
(2) Franchise agreements are contracts between the city and vendors. Once the terms and conditions have been negotiated, the agreements shall be placed on the City Council agenda for
approval. Upon approval, the Mayor or Mayor’s designee shall execute the agreements on behalf of the city.
(D) All vendors shall be restricted to staying within the areas of operation designated in the franchise agreements, except the personal watercraft vendors who shall be allowed to leave its designated location to launch personal watercraft in its assigned lane. In no other circumstances shall any vendor be mobile or allowed to operate outside his or her designated area. Vendors shall also be limited to the type of business set forth in the awarded bid. Vendors shall not vary or expand the services or products offered without re-negotiating the contract and without permission from City Council.
(E) Business types may not be combined for the bidding process. A vendor, however, may bid on two of the same types of franchise in the same area of public property.
(F) Vendors shall be responsible for clearing trash, debris, and any equipment from assigned areas as more fully set forth in the franchise agreement daily. Storage of equipment is permitted in unobtrusive containers approved by the Code Enforcement Officer as to location and appearance, or as negotiated in the franchise agreement. In the event of a tropical storm or hurricane, all storage boxes, equipment, or any other items used in the transaction of business must be removed 24 hours prior to forecasted landfall within 100 miles of Folly Beach. The Code Enforcement Officer has the power to require removal in his or her discretion based on other adverse weather conditions or tidal events.
(G) Franchise agreements shall not be sold or assigned to another vendor.
(H) Any violation of the above or violation of terms and conditions of the franchise agreement shall result in the revocation of the franchise agreement and vendor’s business license. The City License Official shall send a written notice of the revocation to the vendor by registered or certified mail, return receipt requested and delivery restricted to the addressee. The vendor shall have ten business days from the receipt of said notice to submit a written Notice of Appeal to the Municipal Clerk of Council.
(I) Upon timely receipt of a notice of appeal of a revocation of a franchise agreement and business license, the Municipal Clerk of Council shall notify the Mayor or the Mayor’s designee, and the item shall be placed on the agenda of the next regular City Council meeting whose agenda has not already closed. The Municipal Clerk of Council shall notify the applicant of the date and time of the hearing. A special meeting of City Council may be called in order to address the hearing of the appeal.
(J) On the date of the hearing, the City Council shall hear the appeal and shall determine whether a cause for revocation of the franchise agreement and business license exists. The Council may deny the appeal if it finds that cause for revocation exists.
(A) Any person violating any provision of this code for which no specific penalty is prescribed shall be subject to § 10.99.
(B) Any person altering the area that is the subject of §§ 151.35 through 151.38 by littering, destruction of vegetation or the artificial movement of the existing sand dunes shall subject to a $500 fine, and each day such exists shall constitute a separate offense. Violators will be required to replace altered sand dunes and replant the natural vegetation of the area.
(`95 Code, § 5-10-5) (Ord. 15-93, passed 9-7-93)
CHAPTER 151: BEACH PRESERVATION AND CONSTRUCTION PROVISIONS
SECTION 151.70 COMMERCIAL ACTIVITY ON THE PUBLIC BEACH.
(A) COMMERCIAL ACTIVITY is defined as selling or renting goods or services. Goods or services may only be sold, rented, or delivered by vendors operating under a franchise agreement. Other vendors are prohibited from selling or renting goods or services on the beach and from making commercial deliveries to the beach.
(B) All commercial activity not expressly provided for herein is prohibited.
(C) There are hereby designated two sections of the public beach, as follows:
(1) Section One is the area between 3rd West and 3rd East.
(2) Section Two is the balance of the public beach.
(D) The commercial activities allowed within Section One are as follows:
(1) Beach chairs rentals and umbrella rentals;
(2) Personal watercraft rentals;
(3) Any other commercial activities approved by City Council provided they do not interfere or compete with franchise.
(E) Personal watercraft rentals shall meet the following standards:
(1) The franchisee shall possess on-site proof of current registration (certificate of numbers) for each personal water craft (PWC).
(2) All employees shall be CPR certified, and the franchisee shall have an automated external defibrillator (“AED”) on site. The vendor shall also have a safety plan in coordination with Charleston County Parks and Recreation lifeguards.
(3) The vendor shall have one CPR certified employee with no additional responsibilities than to watch the watercraft from shore.
(4) Watercraft shall be kept in safe working condition.
(5) Failure to adhere to these standards will result in revocation of the franchise agreement and business license.
(F) Section One shall have a maximum of one vendor renting personal watercraft, and a maximum of two vendors renting beach chairs and umbrellas.
(G) The commercial activities allowed within Section Two are as follows:
(1) Surf and paddleboard lessons may involve no more than five students. Lessons do not require a franchise agreement, but must obtain permission from City Council and a business license annually. Permission from City Council will only be considered if proof of the safety standards and certifications below is presented to Council. Lessons must occur outside of Section One and the Washout (1500 block) and do not have exclusive right to any section of the beach.
(2) Surf and paddleboard camps may involve more than five students. Camps may only operate with a franchise agreement with the city. There will be a maximum of four surf camp franchises per year on the beach and two paddleboard camp franchises, with location determined by city staff in coordination with franchise holder. Camps must not exceed 40 students and can only operate between the hours of 8:00 a.m. to 1:00 p.m.
(3) Chairs and umbrellas may be delivered to the beach only by vendors operating under a franchise agreement with the city. No more than two franchises shall be allowed.
(4) Any other lessons, classes, camps, or other commercial activities approved by City Council.
(H) All surf and paddleboard lessons and camps must adhere to the following safety standards:
(1) Lessons and camps must have one instructor for every five students.
(2) At least one instructor per ten students must be lifeguard, CPR, and first aid certified, with current certifications on file with the city. This certification requirement also applies to lessons, classes, and camps having less than ten students. There must be a first aid kit on site.
(3) Each provider must carry liability insurance of at least $1,000,000 that names the City of Folly Beach as an additional insured.
(4) Lesson and camp providers may not advertise on the beach, but franchise holders may have a tent no larger than ten feet by ten feet that includes the provider’s name, logo, and contact information.
(5) Failure to adhere to these standards will result in revocation of the franchise agreement and business license.
(I) A business license shall be obtained before any activities listed above can be initiated.
(J) Weddings and photography activities, which do not require a franchise agreement or City Council approval but do require a current business license, shall be allowed in Sections One and Two; however, these activities shall not interfere with the activities of the franchisees.
(A) City Council is authorized to enter into franchise agreements with vendors on the public beach pursuant to state law which allows municipalities and counties to franchise the public beach to private concerns.
(B) The minimum bid amount shall be determined by City Council prior to publication of the request for bids. City Council may also require vendors to pay a percentage of their gross proceeds in addition to the amounts bid. The award of a franchise to a vendor shall be determined through the competitive bid process using the criteria set forth in the Folly Beach Code of Ordinances, § 36.17, Formal Bidding Procedures.
(C) (1) Each of the approved vendors shall enter into up to a five-year franchise agreement with the city, with City Council having the option to extend the franchise for up to an additional five years with an extension fee and/or renegotiated franchise fee as set by Council if the extension is in the best interest of the city.
(2) Franchise agreements are contracts between the city and vendors. Once the terms and conditions have been negotiated, the agreements shall be placed on the City Council agenda for approval. Upon approval, the Mayor or Mayor’s designee shall execute the agreements on behalf of the city.
(D) All vendors shall be restricted to staying within the areas of operation designated in the franchise agreements, except the personal watercraft vendors who shall be allowed to leave its designated location to launch personal watercraft in its assigned lane. In no other circumstances shall any vendor be mobile or allowed to operate outside his or her designated area. Vendors shall also be limited to the type of business set forth in the awarded bid. Vendors shall not vary or expand the services or products offered without re-negotiating the contract and without permission from City Council.
(E) Business types may not be combined for the bidding process. A vendor, however, may bid on two of the same types of franchise in the same Section of the beach.
(F) Vendors shall be responsible for clearing trash, debris, and any equipment from assigned areas as more fully set forth in the franchise agreement daily. Storage of equipment is permitted in unobtrusive containers approved by the Code Enforcement Officer as to location and appearance, or as negotiated in the franchise agreement. In the event of a tropical storm or hurricane, all storage boxes, equipment, or any other items used in the transaction of business must be removed 24 hours prior to forecasted landfall within 100 miles of Folly Beach. The Code Enforcement Officer has the power to require removal in his or her discretion based on other adverse weather conditions or tidal events.
(G) Franchise agreements shall not be sold or assigned to another vendor.
(H) Any violation of the above or violation of terms and conditions of the franchise agreement shall result in the revocation of the franchise agreement and vendor’s business license. The City License Official shall send a written notice of the revocation to the vendor by registered or certified mail, return receipt requested and delivery restricted to the addressee. The vendor shall have ten business days from the receipt of said notice to submit a written Notice of Appeal to the Municipal Clerk of Council.
(I) Upon timely receipt of a notice of appeal of a revocation of a franchise agreement and business license, the Municipal Clerk of Council shall notify the Mayor or the Mayor’s designee, and the item shall be placed on the agenda of the next regular City Council meeting whose agenda has not already closed. The Municipal Clerk of Council shall notify the applicant of the date and time of the hearing. A special meeting of City Council may be called in order to address the hearing of the appeal.
(J) On the date of the hearing, the City Council shall hear the appeal and shall determine whether a cause for revocation of the franchise agreement and business license exists. The Council may deny the appeal if it finds that cause for revocation exists.
(A) Any person violating any provision of this code for which no specific penalty is prescribed shall be subject to § 10.99.
(B) Any person altering the area that is the subject of §§ 151.35 through 151.38 by littering, destruction of vegetation or the artificial movement of the existing sand dunes shall subject to a $500 fine, and each day such exists shall constitute a separate offense. Violators will be required to replace altered sand dunes and replant the natural vegetation of the area.
(`95 Code, § 5-10-5) (Ord. 15-93, passed 9-7-93)
ADOPTED this ___ day of _______________, 2019, at Folly Beach, South Carolina. Ayes: Nays: Abstains:
__________________________ Municipal Clerk Tim Goodwin, Mayor
RESOLUTION 47-19 A RESOLUTION BY THE FOLLY BEACH CITY COUNCIL ADOPTING THE 2019 MARSH MANAGEMENT PLAN FOR THE CITY OF FOLLY BEACH. WHEREAS, 10,000 of the 350,000 acres of saltmarsh in South Carolina are located within
the City of Folly Beach’s jurisdiction; and WHEREAS, Healthy marshes provide vital habitats for wildlife and mitigate the effects of
rising sea levels; and WHEREAS, The City’s vision statement is to be leaders in environmental protection and
resilience; and WHEREAS, A long term commitment to the marshfront management and protection and
restoration of the saltmarsh is needed to achieve this vision as well as the goals identified in the 2015 Comprehensive Plan, the 2017 Seal Level Rise Adaptation Plan, and the 2018 Strategic Plan.
NOW THEREFORE BE IT RESOLVED, by the City Council of Folly Beach, South Carolina, that the 2019 Marsh Management Plan for the City of Folly Beach is hereby adopted. RATIFIED this 13th day of August 2019, at Folly Beach, South Carolina, in City Council duly assigned. ATTEST: ___________________________________ ________________________________ Municipal Clerk Tim Goodwin, Mayor
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Executive Summary With over 10,000 acres of the state’s roughly 350,000 acres of saltmarsh within its jurisdictional
boundaries, the City of Folly Beach aims to preserve its marsh and protect the life and property of its
citizens by encouraging responsible development along the marshfront. The city’s 2017 Sea Level
Rise Adaptation Report recognized that despite the vulnerability of the marshfront, little investment
has been made in planning, management, or protection along the vital marsh shorelines of the
community. This Marshfront Management Plan (MMP) is the first of its kind in the state. It is an
adaptive management effort that occurred in conjunction with a 2018 waterfront building
moratorium and aimed to develop recommendations to guide planning efforts along the city’s
marshfront.
Beach- and marshfront construction came to a halt while City officials developed both this MMP and
a Dune Management Plan, which guided the implementation of a number of new ordinances to
better manage coastal development in Folly Beach, SC. This was an unprecedented, progressive, and
efficient process of implementing adaptation plans into action in real time.
Community engagement was the foundation of the MMP. Stakeholder concerns were
communicated to the city planners, prioritized by stakeholders, and voted on by the public to finalize
the plan’s recommendations. Marshfront management concerns were grouped into four categories:
upland, regulatory, marsh-related, and education. The top concerns for each category were
decreased flood protection value with increasing water levels (upland), the lack of a map of the
critical line (regulatory), the marsh response to sea level rise (marsh-related), and the education of
marshfront property owners and residents.
To address these concerns, the MMP and the concurrent planning process served to help implement
management actions that included fifteen (15) new ordinances that provided regulatory updates and
zoning changes, a marshfront structural inventory, a historic marsh shoreline change analysis, marsh
restoration projects, and engagement and education. These short-term management actions
directly address the stakeholders’ upland marsh management concerns. The regulatory and zoning
ordinances also have a positive effect on the marsh and indirectly address some of the stakeholders’
marsh-related management concerns, such as marsh response to sea level rise (by establishing
setbacks and marsh buffers). Partnerships with local community groups, as well as state and federal
agencies, facilitated implementation of the short-term actions.
The MMP also describes future marshfront management opportunities such as mapping of the
marshfront critical line, a more detailed inventory of habitable marshfront structures and bulkheads
including their distance from the critical line, a marsh mitigation bank fund, a detailed outline of how
other communities handle marshfront management, continued public education and engagement,
and a septic vulnerability assessment.
To ensure that the next generation of Folly Beach residents experiences the same quality of life that
today’s residents enjoy, a long-term commitment to marshfront management and protection and
restoration of the saltmarsh ecosystem is needed.
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1. Introduction
1.1 Purpose The City of Folly Beach is home to about 10,000 acres of saltwater marsh, tidal creeks, and marsh
islands. These beautiful, important, and productive environments provide habitat for shrimp, crabs,
fish, oysters and birds. The marsh provides recreational opportunities, absorbs wave energy, and
filters pollutants. The City seeks to gain a better understanding of the uses, benefits, potential
impacts, and management options along their marshfront shoreline. The purpose of this plan is to
develop recommendations to guide planning for the protection, restoration, and management of the
marsh and marsh islands within the jurisdiction of the City of Folly Beach. The spatial extent of the
planning area is shown in Figure 1.
The South Carolina Department of Health and Environmental Control (DHEC) Office of Ocean and
Coastal Resource Management (OCRM) is responsible for delineating exact boundaries of tidally
influenced wetlands, which are known as critical areas per the State’s Coastal Zone Management Act.
The state-delineated boundary between the upland and the coastal marsh is called the critical line.
Figure 1. Spatial extent of the marsh and marsh islands in the jurisdiction of the City of Folly Beach, SC.
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This document is the first of its kind in the state of South Carolina. Few other marshfront
management plans have been published globally (e.g., NYC Parks 2017; EA 2007). While individual
efforts to protect and restore the marsh have occurred over the years on Folly Beach, this is the first
comprehensive planning effort. The intent of this plan is to facilitate the planning process for the City
of Folly Beach to better manage their marshfront and to have the most positive influence on the
marshes within their jurisdiction over the next several decades. This plan anticipates the landward
movement of the critical line and develops new regulations and plans to address such movement.
Due to physical and regulatory limitations on direct marsh restoration, this plan discusses mostly the
indirect benefits to the marsh through the modification of upland behaviors and actions along the
marshfront. Numerous marshfront management actions have been defined and prioritized through
extensive community input. This plan develops a new regulatory and zoning approach to the
marshfront area along Folly Island and the marsh islands within Folly’s jurisdiction in the vicinity of
and upland of the critical line.
1.2 Motivation for the Marshfront Management Plan (MMP) The City of Folly Beach desires to preserve its marsh and protect the life and property of its citizens
by encouraging responsible development along the marshfront. Some sources estimate that 50% of
the original salt marsh habitat in the U.S. has been lost due to human influence over the last century
(Kennish 2001). Globally, it is estimated that 85% of oyster reefs have been lost, with those
remaining in poor condition (Beck et al. 2001).
City’s long-term planning documents including but not limited to the 2015 Beachfront Management
Plan, the 2015 Comprehensive Plan, the 2017 Sea Level Rise Adaptation Plan, and the 2018 Strategic
Plan, include recommendations that the City pursue the review and development of various
regulations applicable to properties located adjacent to the marsh. The City has experienced chronic
flooding due to high tides and storms leading to loss of property, and increased local, state, and
federal disaster spending.
In particular, the 2017 Sea Level Rise Adaptation Report laid out the following implementation plan
for an MMP, one of the top three recommendations of the Report. In an unprecedented effort, the
City of Folly Beach implemented the near- and medium-term action items of the following outline in
approximately one year.
Recommended Adaptation Action: Marshfront Management Plan
Near-term (1 year)
1. Initiate partnership with SCDHEC-OCRM to develop a pilot Marshfront Management Plan for
a South Carolina beach community.
a. Understand critical line permitting and building requirements
2. Participate in SCDHEC-OCRM’s Living Shorelines Working Group
3. Begin Plan development
4. Develop strategic education campaign of property owners and elected officials
Medium-term (3 years)
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1. Complete and Adopt Plan, which will include a detailed inventory of all structures, property
lines, habitat, erosion control devices, a vulnerability (historic and present) assessment of the
marshside, as well as the consideration of management and adaptation options such as
setbacks, ordinance/code modifications, and living shoreline incentives.
2. Continue strategic education campaign of property owners and elected officials
Long-term (5 years+)
1. Implement Plan
2. Assess modifications to setbacks, codes, and regs to determine effectiveness of plan
implementation.
3. Adapt strategic education campaign of property owners and elected officials
1.2.1 2018 Waterfront Building Moratorium
On May 30th, 2018 the Folly Beach City Council approved a building moratorium on the development
of lots on either the beach- or the marshfront. During the moratorium, the Planning Commission
examined and recommended changes to the City’s requirements for setbacks, buffers, septic drain
fields, marsh island development, dune protection, seawalls, construction elevations, and other
regulations related to building in the affected areas. Final recommendations were presented to City
Council in December 2018 with review and adoption of new ordinances through March 2019. This
was an unprecedented, progressive, and efficient process of implementing adaptation plans into
action in real time.
During this time, the Folly Beach Planning Commission met twice monthly. Public involvement was
encouraged through social media, newsletter articles, and information provided on the city website.
The website included the meeting schedules and agendas, as well as resources such as city planning
documents, and other links from the City of Folly Beach, SCDHEC OCRM, the Nature Conservancy,
the S.C. Sea Grant Consortium, and other agencies and nonprofits. The information was provided as
both education and a touchstone for conversations regarding current best practices.
1.2.2 Saltmarsh Overview
The salt marsh-tidal creek ecosystem within the City of Folly Beach is a highly productive coastal
wetland between upland areas, such as the barrier or marsh islands, and the tidal rivers. The marsh
is an intertidal habitat, meaning the surface of the salt marsh is under water at high tide and dry at
low tide. A finger-like network of tidal creeks winds through the marsh and allows tidal water onto
the marsh surface and back into the rivers.
Folly Beach contains about 10,000 of South Carolina’s 350,000 acres of salt marshes and tidal creeks.
The marshes are dominated by smooth cordgrass (Spartina alterniflora) (see Appendix 6.2.1). The
extent of the marsh ecosystem is determined primarily by the elevation, which determines
frequency, depth, and duration of salt water inundation and soil salinity (Figure 2).
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Figure 2. Profile of a salt marsh, modified from Discover South Jersey Salt Marshes (2018). The red arrow represents the South Carolina state critical line and separates the marsh from the upland, which is subject to development on much of Folly Beach.
1.2.3 Marsh and Marshfront Uses and Values
Salt marshes provide essential habitat, wave attenuation, and water filtration. They provide vital
refuge, breeding grounds and food for fish, birds and wildlife, as well as a unique open space in a
dense urban environment. Within the City of Folly Beach, the marsh provides public and commercial
fishing/oystering opportunites, as well as other recreational opportunities like boating and bird
watching. In South Carolina, recreational fishing is a $686 million annual industry (USFWS 2014). In
2012, commercial fishermen in South Carolina landed 12.3 million pounds of finfish (2.4 million
pounds) and shellfish (9.9 million pounds), earning $24 million in landing revenue (NMFS 2014).
Salt marshes also provide services for the City of Folly Beach by reducing wave energy, absorbing
flooding, and filtering debris and pollutants from the water. Yet despite decades of regulatory
protection, salt marshes continue to be threatened by poor water quality, rising sea levels,
encroaching development, illicit dumping, and erosion. Folly’s marshes need to be managed in a
sustainable manner to protect both long-term economic stability and the recreational amenities and
natural resource benefits the marsh provides.
1.2.4 Summary of Marshfront Vulnerability to Future Sea Level Rise
The 2017 City of Folly Beach Sea Level Rise Adaptation Report included a vulnerability assessment to
elevated water levels. It detailed historic and future sea level rise and the occurrence of King Tides or
nuisance flooding as they relate to potential community flooding. Here, we discuss predicted timing
of marsh impacts under different marsh accretion rate scenarios.
Long-term tide gauge data from nearby NOAA station 86655300 at Charleston, SC, located at the Cooper River Entrance, provides the data necessary for identifying sea level trends. Since the station’s establishment in 1921, relative mean sea level has risen an average of 0.126 inches (3.21 mm) per year (Figure 3). This translates to 1.05 feet/century.
Figure 3. Graph of observed monthly mean sea level in Charleston, SC resulting in a linear rise in sea level of 0.126 in/yr. From NOAA Tides & Currents.
The NOAA Sea Level Rise Viewer (NOAA, 2018) was useful in the Sea Level Rise Adaptation planning process. It allows a user to toggle water level scenarios to visualize potential impacts. Interestingly, little effect is obvious even at 3 feet of sea level rise on the beachfront, while the back side of the island and the causeways are significantly affected. This confirms the need to develop a MMP to protect critical habitat, private property and City infrastructure that are housed in, or service, these low-lying areas. The NOAA Sea Level Rise Viewer also includes an option to visualize marsh impacts, which is discussed later in this section. Due to increased storminess and frequent nuisance flooding, the Folly Beach Sea Level Rise Adaptation Report recommended the City prepare for 3 feet of sea level rise over the next 50 years, or by 2066. This corresponds with the high sea level rise scenario of the U.S. National Climate Assessment (NCA, 2014). Marsh impacts under this scenario, as depicted by NOAA (2018), are compared in Figure 4. The timing for the marsh reaching this condition will depend on the the rate of sediment accumulation on the marsh (i.e., accretion, restoration), among other factors. Unfortunately, little is known about sedimentation rates in the Folly Beach marsh system and future marsh restoration efforts are not included. Table 1 shows different accretion rates and the resulting change in the year that the NOAA Sea Level Rise Viewer predicts this scenario. The marsh will reach the condition depicted in Figure 4 in 2060 provided the accumulation rate is 4mm/yr. Marsh restoration projects can help increase elevations (i.e., increase the accretion rate) if deemed necessary.
RESOLUTION 48-19 A RESOLUTION BY THE FOLLY BEACH CITY COUNCIL AUTHORIZING STAFF TO ACQUIRE A RESTROOM TRAILER AT 2nd STREET EAST BEACH ACCESS AND TAP INTO THE SEWER MAIN AT THIS LOCATION. WHEREAS, A restroom trailer at this location will serve visitors and residents; and WHEREAS, Pursuant to the City of Folly Beach Code of Ordinances, in the event there is a
need for services or items in excess of $20,000, formal bidding procedures must be followed with limited exceptions; and
WHEREAS, Staff solicited bids via RFP 12-19: City of Folly Beach 2nd Street East Beach
Access Restroom Trailer to acquire the bathrooms needed and no bids were received by the posted deadline. Per Section 36.17(D)(6) the City Administrator is allowed to solicit for quotes; and
WHEREAS, Two quotes were obtained by the following companies:
Satellite Suites $54,125.00 Comforts of Home Services Inc. $63,885.91
WHEREAS, The lowest bid to tap into the sewer line at this location was $8900; and WHEREAS, The FY20 budget set aside $15,000 (6000.4000Facilities Capital) and the Tourism Visitor Promotions Committee has committed $40,000 to the project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Folly Beach, South Carolina, authorizes City staff to enter a contract with Satellite Suites to purchase a restroom trailer for the 2nd Street East Beach Access in the amount of $54,125.00. BE IT FURTHER RESOLVED Staff is authorized to incur up to a $12,000 overage in Facilities Capital to tap into the existing sewer main at this location and prepare the site for the trailer. Staff should make a request to the Tourism Committee as to whether their budget could sustain a reimbursement of a portion of this cost. RATIFIED this 13th day of August 2019, at Folly Beach, South Carolina, in City Council duly assigned. ATTEST: ___________________________________ ________________________________ Municipal Clerk Tim Goodwin, Mayor
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City of Folly Beach 21 Center Street
Folly Beach, SC 29439 Date: August 1st, 2019 Subject: RFP 12-19: City of Folly Beach 2nd Street East Walkover Bathroom Trailer Dear Council Members, At the bid opening of RFP 12-19: City of Folly Beach 2nd Street East Walkover Bathroom Trailer we did not receive any bids. Per our City of Folly Beach Code of Ordinances section 36.17(D)(6) “If no bids are received, quotations may be solicited by the City Administrator”. Regards, Katharine Eich Municipal Clerk
