MYRTLE BEACH, SOUTH CAROLINA HALL 20...CITY OF NORTH MYRTLE BEACH, SOUTH CAROLINANORTH MYRTLE BEACH...

CITY OF NORTH MYRTLE BEACH, SOUTH CAROLINANORTH MYRTLE BEACH CITY HALL

CITY COUNCIL MEETINGMONDAY, March 20,2017

AGENDA

6:30 P.M.A. ROLL CALL

Executive Session: Annual Evaluation of the City Attorney

7:00 P.M.B. INVOCATION:C. PLEDGE OF ALLEGIANCE

2. MINUTES:A. City Council Meeting of March 6,2017

3. COMMUNICATIONS:A. PROCLAMATION: Proclamation National Safe Place'Week.

B. LONGEVITY AWARDS:Susan Mitchell-5 years

Justin Carter- 10 years

C. Monthly Reports for are posted online

4. ANNOUNCEMENTS BY MAYOR AND CITY COUNCIL

CONSENT AGENDA:

OLD BUSINESS:

A. ORDINANCE/SECOND READING: A Major Planned Development DistrictAmendment MJPDD 16-04 to Barefoot Resort PDD Dye Estates.

5.

6.

7. NE\ry BUSINESS:

A. MAJOR PLANNED DEVELOPMENT DISTRICT AMENDMENT MNPDD-I7-0I: A requested revision to the Town Center on Main Planned DevelopmentDistrict to replace a 3,400 square foot restaurant with additional residentialtownhomes.

B. RESOLUTION: Resolution to approve the Mutual Aid Agreements for the20I7Memorial day Bike Week Event

C. ORDINANCE/ FIRST READING: An Ordinance to amend the FranchiseAgreement for Randall Duke to allow the addition of a fourth Parasail Boat.

8. PUBLIC COMMENT:Please observe the rules. Public Comment is limited to 3 minutes and will be timed.A warning light for 30 seconds will appear.

9. ADJOURNMENT:

Rules regarding video recording and photographv:

Except during the ceremonial portion of the Council meeting, all video recording and

photography shall be conducted @:1. While seated in the back row of the Council chambers, or

2. While standing behind the last row of seats in Council chambers

CITY OF NORTH MYRTLE BEACH, SOUTH CAROLINANORTH MYRTLE BEACH CITY HALL

CITY COUNCIL MEETINGMONDAY, March 6,2017

Minutes

7:00 p.m.

A. ROLL CALL: Councilman Cavanaugh opened the meeting and asked the City Clerk to call the rollMarilyn Hatley, Mayor Absent

Terry White- Absent

Bob Cavanaugh

Fred Coyne

Nicole Fontana

JO BaldwinHank Thomas

Mike Mahaney, City Manager

Chris Noury, City AttorneyMerideth Smith. City Clerk

The Invocation was given by The City Manager

Councilman Cavanaugh led the Pledge of Allegiance

Minutes of the City Council Meeting of February 20,2017 were approved as amended.

COMMUNICATIONS:PROCLAMATION: Councilman Cavanaugh presented a Proclamation proclaiming the Month of March

as Red Cross month. Jerry Tecak accepted for the Red Cross.

Councilman Cavanaugh announced that Monthly Reports are posted online. There were no questions byCouncil

ANNOUNCEMENTS BY MAYOR AND CITY COUNCIL Councilman Cavanaugh stated that City

Council just had its Budget Retreat and finalized the preliminary Budget for the City for the next fiscal

year starting in July. The bottom line is that the City property tax will not be increased for next year and

the five year forecast shows no increase needed for the next five years, In addition no user fee increases

are also planned for this year.

Funding for significant infrastructure projects will continue such as cherry grove dredging, underground

conversion of utilities, widening of Ocean Blvd and resurfacing streets. The next ocean outfall at 18'h

north to improve water quality is also plarured. Beach renourishment is critically needed and $500,000 has

been committed to that effort through Atax funds.

Councilman Cavanaugh also praised the NMB Community Band stating that over 500 were in attendance

at the last performance, He also pointed out that sporls teams are here and that sports tourism is doing

well,

L

CONSENT AGENDA:The City Manager read the Ordinances by title.

Councilman Cavanaugh called for a motion to accept on Consent. The motion was made byCouncilwoman Fontana and seconded by Councilman Coyne. There were no questions and no

public comment. Councilman Cavanaugh called for the vote. The motion to approve on consent

passed 5-0.

A. ORDINANCE/SECOND READING: An Ordinance to amend section 5-24 ofthe City Code of Ordinance titled Placing Obstructions on the Beach to

establish the dimensions of authorized "Baby Tents

B. MOTION: Motion to approve the20I7 Spring Safari SOS Parade

C. MOTION: Motion to approve the Wheels to Surf Event

OLD BUSINESS:A. ORDINANCE/FIRST READING: A Major Planned Development District

Amendment MJPDD 16-04 to Barefoot Resort PDD Dye Estates.

(Tabled to March 6,2017 meeting)

Councilman Cavanaugh called for a motion to remove from the table. The motion was made byCouncilman Thomas and seconded by Councilwoman Fontana. Passed 5-0.

The City Manager read the Ordinance by title

Councilman Cavanaugh called for a motion to approve. The motion was made by Councilman

Baldwin and seconded by Councilwoman Fontana. Councilman Thomas stated that he was

pleased that the City had received a letter from the attorney representing the HOA that they

approved of the development plans.

The City Attorney confirmed that this was correct.

Councilman Cavanaugh stated that he thought it was good that they had included overflowparking.

There was no public comment and Councilman Cavanaugh called for the voter. The motion to

approve on first reading passed 5-0.

2

NEW BUSINESS: None

PUBLIC COMMENT: None

ADJOURNMENT: Being no further business the Mayor adjourned the meeting at7:I4 p.m.

Respectfully submitte{,

e/ZZMerideth Smith, City Clerk

MARILYN HATLEY, MAYORMinutes approved and adopted this 20 Day of March,2017

SUMMARY MINUTES OF CITY COUNCIL MEETING, Audiotapes of the meeting are on hle and are included by reference as part of thismeeting. An agenda ofthis meeting has been either mailed or made available to persons, organizations, and local news media as per their request.

Theagendagivesthedate,time,andplaceofthemeetingaswell astheorderofbusiness. ThisdisclosureisincompliancewiththeSouthCarolina Code of Laws of I 976, Section 30-4

3

s

hoclnmntion

Proclaim the week of March 19 through March 25, 2O!7, es "National Safe Place Week"; and

calluponthepeopleof NorthMyrtleBeach,SCandinterestedBroupstopromoteawarenessof,andvolunteer ¡nvolvemeãtin, the Safe Place program; and observe the week with appropriate ceremonies

and aitivities.

¿r*,

STATE OF SOUTTI CAROLINACOL]NTYOFHORRY

CffY OF NORTT{ þIYRTLE BEACH

Whereas the youth of North Myrtle Beach, SC will determine the future strength of our country and be

the bearers of our democracY;

Whereas youth need a safe haven from various negâtive influences, such as child abuse, substânce abuse,

depression, and crime, and youth need readily available resources to ass¡st them when faced with

c¡rcumstances that compromise the¡r safety;

Whereas the Safe Place@ program is committed to protecting the youth of North Myrtle Beach, SC by

offering short-term housing ât neighborhood locations where trained volunteers are available to counsel

and advise young people seeking assistance and guidance;

Whereas, designated locations where youth can get informat¡on and immediate care, Safe Place is found

at businesses, such as restaurants, convenience stores, movie theaters, and community buildings such as

fire stations, libraries and community centers;

Whereasthe success ofSafe Piace is based on public/private collaborations between businesses, school

systems, f¡re departments, law enforcement, and a network of volunteers;

Whereas North Myrtle Beach, SC needs, increased numbers of community volunteers serving as mentors

and posit¡ve influences on young people;

Whereas the Safe Place program must meet performance standards, relative to outreach and commun¡ty

relations, to receive direct federal assîstance as set forth in the Runaway and Homeless Youth Act (42

U.S.C. 5701 et seq.);

Whereas more than 1,400 commun¡t¡es in 37 states admin¡ster the Safe Place program at more than

20,000 locations;

Whereas more than 344,OOO youth have been helped at a Safe Place location or received counseling by

phone because of Safe Place information received at school;

Whereas since program ¡ncept¡on in 1983, more than 14 million youth have been reached through

National Safe Place Network's Building a Safety Net for Youth campa¡gn, familiarizing them w¡th the Safe

Place sign and providing them with informat¡on about how to seek help in order to stay safe;

Whereas increased awareness will encourage more communities to establish Safe Place locat¡ons where

youth can readily access the help they need. Now, therefore, North Myrtle Beach and the Honorable

Mayor Hatley and City Counc¡l

Signed:

Date

s

Information ServicesFebruary 2OI7

Grs

o February's report will be published with March. Sarah is on vacation any I did not recive her

activities report.

Technologv

o We ordered a new HP Generation t host server to add to our virtualization pool. Weanticipate that it will provide capacity to finish the Version 6 upgrade.

. We checked the operational status of our equipment at the Sports Park in anticipation ofthe early March start.

. The failure of one of our VMWare host servers has been extended by HP not being able topinpoint the cause. So far the motherboard and both processors have been replaced andthe spontaneous faílures continue. We are now exploring the possibility that network cardsmay be causing the issue.

o We are seeding (replicating backups) a backup server in preparation of moving it to thebusiness continuity site in Myrtle Beach.

. John Quesenberry continues to work on a network redesign.o We did an analysis of our internet connections since many are reaching end of contract.

We determined that adding two connections from both Frontier and HTC would provide thediverse routing and failover we require.

Websites

o Rob has written some enhancements to the events calendar. lt now includes sports tourismevents and links to the individual sites.

o He is still acting in the DBA capacity. Which is taking away from trying to move NMB.USinto a cloud based environment.

o We relaunched the Wellness screening app. lt is a health assessment and wellnessscreening appointment application.

o Rob converted some training videos for streaming from our intranet site.o According to "Stat Counted' NMB.US had 232,238 unique visitors in February versus

23,479 in January. PARKS.NMB.US had 12,637 unique visitors in February compared to9,284 in January. Aquatics and Fitness had 6,021 unique visitors in February compared to7,334 in January. Public Safety had 3,616 unique visitors in February compared to 4,304 inJanuary. The Sports Park site had 10,125 unique visitors in February compared to 6,696unique visitors in January.

MONTHLY REPORT

FINANGE DEPARTMENT

Febru ary 2017

FINANCE DIRECTORThe Director and the Accounting Staff spent much of the month of February preparing forBudget Retreat. The presentation of the FY 2018 Budget was finalized and presented toMayor and Council at the annual Budget Retreat on February 27th & 28th.

The Director also spent time reviewing cash flow projections and monthly revenue andexpenditure results. Most funds have had a good first eight months for FY2017. Work hasalready begun on the FY2018 Budget Cycle. Reimbursements for Hurricane Matthew havebegun to come through. The total for the hurricane without the debris removal contractorand monitor is just under $1,000,000.

Cash Flow Proiections for Next Month

Fund

General FundWater/Sewerlmpact Fees

BeginningBalance

$ 12,461,13615,561,500

1,799,061

$ 1,200,0001,300,000

100,000

$ 2,500,0001,300,000

100,000

$ 11,161,136$ 15,269,949$ 1,799,061

YieldSpread

10o/o to .75o/o

1O%to.75%10o/o to .75o/o

Collections Expenditures

ACCOUNTING

ln February, 651 Accounts Payable and 952 Payroll checks were issued by the AccountingDivision. The total dollar amount of all Accounts Payable checks was $5,906,154.79.

GENERAL FUNDMonthly Report

July 1 ,2016 to February 28,2017

FY2016AnnualBudget

FY2016YTD

Actual

FY2017AnnualBudget

FY2017YTD

Actual

REVENUESCurrent TaxesDelinquent TaxesHospitality FeesLicenses & PermitslntergovernmentalFines/ForfeituresUse of Money/PropertySales/Service ChargesMiscellaneous/Grantslnterfund Transfers

TOTAL

EXPENDITURESGeneral Governmentlnformation Services

FinancePublic SafetyCommunity ServicesPublic WorksParks & RecreationSupport ServicesDebt ServiceOther Financing Uses

TOTAL

$ 12,250,000395,000

4,411,1008,761,5001,057,300

360,000185,000937,50040,000

1,135,480

$ 12,144,963169,881

2,672,2271,982,331

591,387203,925125,782672,844

52,110818,683

$ 13,150,000240,000

4,770,0009,286,5001,159,560

356,000419,000

1,085,50040,000

1 ,175,000

$ 12,8s7,801227,198

2,773,3501,954,957

733,522246,153132,865674,75879,833

807,460

$ 29,532,890 $ 19,434,033 $ 31,679,560 $ 20,487,896 650/o

1,740,929456,782476,272

9,524,8771,'103,5421,304,3512,863,62'l

739,571329,167

98%95%58%21%63%69%32%62%

200%69%

70%99%57%69%64%61o/o

63%68%29o/o

ÙYo

g 2,279,934455,1618',12,324

13,053,7391,844,9812,082,7964,242,273

936,4971,176,2852,650,000

$ 1,722,249 $299,659493,424

8,956,9441,140,4361,458,1152,778,810

632,689329,167

2,474,465 $463,321833,709

13,808,9441,730,8802,155,6944,565,1211,087,5651,134,8613,42 5.000

$ 29,532,990 $ 17,911,494 $ 31,679,560 $ 18,539,113 59%

WATER & SEWER FUNDMonthly Report


FY2016AnnualBudget

FY2016YTD

Actual

FY2017AnnualBudget

FY2017YTD

Actual

REVENUESWater UsageSewer UsageWater TapsSewer Tapslnterest on lnvestmentsService ChargesLate Payment PenaltiesGrantsMiscellaneous

TOTAL

EXPENSESWater BillingPublic Works Admin.Wastewater TreatmentWells/Lift MaintenanceConstructioniMaintenanceOverhead AllocationDepreciationDebt lnterest

TOTAL

$ 7,475,000 $5,050,000

50,00020,000

125,00075,00080,000

5,246,685 $3,488,423

53,70017,21411,70844,99049,705

7,475,000 $5,050,000

50,00020,000

125,00075,00080,000

237,500 163,352 237 500 269,927

4,650,8983,064,605

46,86015,15010,42240,74'l36,628

62%61o/o

94o/o

76%8%54%460/o

0%114o/o

63To

57o/o

69%61%66%67Yo

65%72o/o

$ 13,112,500 $ 9,075,776 $ 13,112,500 $ 8,135,231 620/0

$ 604,179 $677,934

1,895,837'1,976,384

3,940,9522,398,3762,600,000

285,500

377,496 $427,695

1,204,2331,038,9552,468,6051,587,9312,057,691

150,806

599,344 $684,955

1,908,2551,878,5264,014,1142,586,7783,186,537

230,200

376,208388,954

1,312,5441,154,1532,652,7771,724,5442,057,691

164,850

$ 14,369,162 $ 9,313,412 $ 15,088,709 $ 9,831,722 65%o

SOLID WASTEMonthly Report


REVENUESMiscellaneous RevenueFees BilledLate Payment Penaltieslnterest on lnvestmentsGrantslnterfund Transfer - A-Tax

TOTAL

EXPENDITURESCommercial CollectionTransfer StationResidential CollectionTrash/Litter CollectionBeach CleaningRecyclingDepreciation ExpenseOverhead Allocation

TOTAL

8,000 $4,300,000

27,500

8,000 $4,350,000

27,500

$

FY2016AnnualBudget

FY2016YTD

Actual

FY2017AnnualBudget

FY2017YTD

Actual

61Yo

660/o

50%

69Yo

66%

5,1682,857,150

18,448(e70)

$ 4,9002,885,812

13,680(1,087)

290,833 209,691 296,757 205,031

$ 4,626,333 $ 3,089,487 $ 4,682,257 $ 3,108,336

$ $ 295,083 $541,849584,921189,03489,660

256,754266,667460,830

468J92 $834,514993,082333,706260,005391,763450,000730,076

28't,846568,841623,318228,208116,812238,925300,000576,608

453,557823,750975,003

60To

68%63%68%45%61To

67To

79To

296,261,369,400,

983587990000245691

$ 4,272,115 $ 2,684,797 $ 4,461,338 $ 2,934,558 66%

BEACH SERVICESMonthly Report


REVENUESMiscellaneous Revenue $NMB Merchandise SalesBeach Obstruction Removal FeeRentalsAll day Wrist Band Sales $20Single Ride Sales $3Weekly Ride Sales $60Group HIPPO Rate $5Season PassesFrozen Lemonade SalesOther SalesSponsorshipslnterfund Transfer - A-Taxlnterfund Transfer- Local A-TaxTransfer from Capital lmprovementsLess Sales Tax

20,000$ 11,211 $ 20,000$ 4,800

FY2016AnnualBudget

FY2016YTD

Actual

FY2017AnnualBudget

FY2017YTD

Actual

74o/o

51%24%74o/o

0%o%58%2%

149%ÙYo

0o/o

71%

1,600,00048,75073,7502,500

350,00010,000

112,848589,001

1,208,69536,92036,2403,9601,4692,040

239,1163,279

81,363

1,850,00048,75073,7502,500

310,00010,000

'l'12,848589,001

1,366,13424,76017,9301,960

6811,351

179,134210

168,256

TOTAL

EXPENSESPersonnel - ConcessionsOper.& Maint.- ConcessionsPersonnel - LifeguardsOper.& Maint.- LifeguardsDepreciationOverhead AllocationsTransfer Out General Fund

(145,000) (103,207) (145,000) (103,048)

$ 2,661,849 $ 1,521,085 $ 2,871,849 $ 1,662,067 580/0

$ 566,802 $232,350624,12636,070

100,000509,960

390,609 $122,085478,94434,78766,667

339,973

572,267 $251,052623,12635,850

150,000598,174

341,510134,810425,84626,067

100,000398,784

60%54%68%73o/o

67Yo

67Yo

0o/o

TOTAL $ 2,069,308 $ 1,433,064 $ 2,230,469 $ 1,427,017 640/0

AQUATICS & FITNESS CENTERMonthly Report


FY2016AnnualBudget

FY2016YTD

Actual

FY2017AnnualBudget

FY2017YTD

ActualREVENUESMembership FeesEnrollment FeesGrantsPrograms - OperatingPrograms - NonoperatingLocal AccommodationsA-Tax Transfer lnLess Sales TaxMiscellaneous

TOTAL

EXPENSESAdministrationAquaticsActivity SpecialistFitnessCustodiansDepreciationlnterestOverhead

TOTAL

$ 1,639,000 $55,000

383,00010,000

433,499

1,063,724 $33,548

253,6593,087

622,384

(3,146)(183.21)

1,659,000 $55,000

384,00010,000

493,749

1,000.00g 2,521,499 $ 1,973,072 $ 2,601,749 $ 1,949,110

$ 790,323 $219,356187,007340,384137,877272,245169,213205,094

490,913 $116,446128,944218,86288,933

181,49767,041

136,730

826,281265,700187,602280,982142,133272,245151,717225,089

$ 568,452163,940119,248165,09792,611

181,497102,171150,056

$ 2,321,499 $ 1,429,365 $ 2,351,749 $ 1,543,072

1,044,91037,884

192,81512,883

662,816

(2,071)(127.16\

63%69%o%

50o/o

129Yo

134o/o

0%0o/o

0%

75%

690/0

62Yo

64Yo

59%65%67%67Yo

67o/o

66%

Ut¡lity Billing / Meter Reading

Monthly Report 3t15t2017

MTD622239

6011

3652

Dates

YTD YTD

lO4 lo 01111

Present Month

c.B.

er Servicec.G

1IGH RDG. CHECKSINSTALLS

ODIIIII

c.BIIII

c.GIIII

MTD24

82721

W.HMTD I

18 I7t4t

14 I

YTD3811

937

MTD11

0,|

19

YTD33

61

Previous Month:12114 to 12115

12119 to 121201212'l to 12128

118 to 01119

124 to 01125126 to 011311 to 02106

241011

urrent Period35

002

eter BoxesMeter Boxes RaisedMeter Lids

o.D.MTD / YTD

01

Year to Date

MTD0 0

c.B

6902

4

MTD Ic.G

IW.H.

MTD / YTD01

YTD0

YTD0

Maintenance Program

Flow Tests

D

1

01

0

Gonsumption Replacements

2

0

32

MT I YTD

GroveBeach

III

MONTHLY REPORT . FINANCE

February 2017REVENUES

REVENUES February 2017 FY20'17 Actual FY2017 Budget % of Budget

Prooertv Taxes s1.184.47 s5.106.858.83 $13.390.000 38o/o

Business Licenses s22.987.92 $361.825.57 $6.425.000 6%o

Business License Penalties $621.39 s10.147.44 $40,000 25o/o

Hosoitalitv Fees $167,208.46 $4,287,886.76 $5.945.000 72o/o

Hosoitalitv Fee Penalties $409.03 $3.081.98 $11.000 28Yo

Santee Cooper Franchise s0.00 $723,504.02 $1,400,000 52o/o

Local Government Taxes s0.00 s0.00 $350.000 Oo/"

Th¡s Month

36s28

s22.579.78

BUSINESS LICENSE INSPECTIONS REPORTHours n

Licensed

MISCELI-ANEOUS REVENUES

state aid to subdividersmerchant's ¡nventory reimbursement taxtime warner franchise feehorry co. $30 road taxShop with SantaHorry Telephone Cable Franchise FeeHorry Electric Franchise FeeSCANA (s c e & 9) Gas FranchiseSantee Cooper Franchise FeeNew Wave Water SportsCoast 2 CoastNMB WatersportsMASC lnsurance collection program

MASC telecommunication collection programFire Contract Briarcliffe AcresFire Contract Horry CountyProperty Rent (Escod, Weight Watchers, RJ Griffin)

ABC Temporary PermitsAdmission Tax - Barefoot LandingHomestead Exemption Tax4th Av S Parking Lot

INVESTMENT RETURNSReourchase Aoreements

94 613.0331 I

351

9.87

s326.21

$816,887.88

$15,766.22

$18,447.30

0.130%SCLGIP O.150/õ

UTILIW BILLING FEBRUARY 2017

WATER SEWER GARBAGECAPITAL

FEES

rorALS $479,133 $345,429 $358,666 $533 $237,434

USAGE TOTALS

H20USAGE

91,444

SEWERUSAGE

79,914

H20SERVICES

13,610

SEWERSERVICES

TOTALS 13,459

BILLING TOTALS

DATE

2115t2017

SEWER

345,429

GARBAGE

358,666

Febru ùryr 2017 Report

Department of Public Safety

StatisticsTotal calls for service February 2017: 2,073Pofice: 1,836 Fire: 237

Total calls for service February 2016: 2,654Police: 2,387 Fire: 267

Fire Down By:Police Down By:

30551

Fire PreventionConducted 401 Fire

Inspections

Fire/Rescue Division responded to 36 fire alarms, 3 structure fires, 3

brush fires, ll8 first responder calls, assisted police with 14 accidents, and 4

elevator entrapments, among others.

Law Enforcement Division responded to l18 business alarms, 2l code

violations, 24 domestic violence calls, 5 assaults, l9 shopliftings, l9 keep

watch reports, 159 suspicious calls, 78 vehicle accidents, 26 larcenies,22 calls

for property damage,6 burglaries, 57 ACO calls, 15 B&E autos,48 public

disorderly calls, l5 narcotics violations, 100 public assistance, among many

other calls.

Traffic Stops initiated for February 2017Traffic Stops initiated for February 2016

4t4454

Total Arrests for:February 2017:

February 2016:

February 2015:

lleridort$ DN

9l6l69

MEMO

TO Mayor and City Council

Jim WoodDirector, Planning & Development

March 3,2017

FROM:

DATE:

RE: Monthly Report - Department of Planning & Development

Attached is the Febmary monthly report for the Department of Planning and Development,

The report identifies the construction permits issued and inspections performed. The activities ofthe Planning Commission and Board of Zoning Appeals are also included.

Office of Planning and Developrnent

l0l8 2'd Avenue South, North Myrtle Beach, SC 29582

BUILDING DIVISIONMONTHLY REPORT FEBRUARY 2017

PERMITS ISSUED THIS LAST FEB THIS FY LAST FY %CHANGEMONTH MONTH 2016 YTD YTD

Single Family *

Townhouse Building Permits -Townhouse UnitsMultifamily BuildingsMultifamily UnitsMixed-Use (Comm & M/F)Hotel/Motel BuildingsHotel/Motel UnitsCommercialRelocationDemolitionsSwimming PoolsSignsAlter/Addition/RepairMobile Homes (New)Mobile Homes (Replace)RV's/Park ModelsOther

190

(0)0

(0)00

(0)1

0I3I

24501

031

1628

(8)0

(0)00

(0)56

263541

1 8501040

298

14o/o

-67Yo

-7ÙYo

Oolo

o%o%0%0%

-38%20Yo

37%-31Yo

-27o/o

6%43%

300%0%5o/o

14224

(27\1

(6)00

(0)I51951

561 750

71

2283

222

(2)0

(0)00

(0)1

03

1010

224001

35

300

(0)0

(0)00

(0)002414

2501

00

31

TOTALS: 317 332 308 2445 2349 4%

CERTIFICATES ISSUED THISMONTH

LASTMONTH

FEB2016

THIS FYYTD

LAST FYYTD CHANGE

otto

C.O.'sZonino Comoliances

16745

17549

16861

1272359

1465468

-13%-23%

NUMBER OFINSPECTIONS

TH¡S

MONTH

LASTMONTH

FEB

2016

THIS FY

YTD

LAST FY

YTD CHANGE

olto

BuildingElectricalPlumbingHVAC/Gaslnfo (Tenant Changes)C.O.'sOther

1721531091051418278

157170131

1302217874

23415911913015

17766

1243118483680393

1578477

145710717221065109

1 596384

-15%11Yo

16%-250/-15%-1o/o

240/Totals:Daily Average

81341

862 6214 6404 -3Yo9004343

BUILDING VALUATIONTHIS FY TO DATE LAST FY TO DATE CHANGE

$91,633,221.86 $78,416,540.92 17Yo

REVENUETHIS FY TO DATE LASTFYTODATE FYBUDGET %OFBUDGET$407,844.35* In Feb - 0 Duplex Structure

- In Feb. 0 TH Bldgs, 0 Permlts

$444,421.2e $400,000.00 1O2Yo

t

CITY OF NORTH MYRTLE BEACHMAJOR PROJECTS PERMITTED

PLANNING & DEVELOPMENTFEBRUARY 2017

#1 COASTAL NORTH - Phase IIl, Bldg G

PROJECT LOCATION: 1200-1232Hwy 17 N

CONTRACTOR: ORDNER CONSTRUGTION CO INC

VALUATION: $1,006,890.28

PERMIT FEE COLLECTED: $3,430.50

DESGRIPTION: Gonstruction of a4 unit "shell only" steel framesingle story commercial bldg

#2 BEACH COVE

PROJEGT LOCATION: 4800 S Ocean Blvd

CONTRAGTOR: J E DUNN GONSTRUCTION CO

VALUATION: $646,500.00

PERMIT FEE COLLECTED: $1,969.00

DESCRIPTION: Replacement of stairs in towers 1 & 4

PLANNING COMMISSIONMONTHLY REPORT

February 2oL7

During the month of February zor7, the City of North Myrtle Beach Planning Commission held two (z)

regular meetings and two (z) workshops. Work continued on the draft Comprehensive Plan rewrite, and

staff estimates roughly 7oo/o of the information has been completed. Staff anticipates workshops withPlanning Commission and the public to begin in April.

February 7, zottOld Business

A. MAJOR PLANNED DEVELOPMENT DISTRICT AMENDMENT MJPDD'r6'o4:A revision to the Major PDD Amendment regarding the Barefoot Resoft Planned DevelopmentDistrict to allow changes to the approved development in Dye Estates.

Action: The Planning Commission voted unanimwsly to table the Major Planned Development

D¡str¡ct Amendment to the February 2r, 2o7Zt meeting.

New Business

A. ELECTION OF OFFICERS: An election by the Planning Commission to determine a Chair and

Vice-Chair for the calendar year.

Action: The Planning Commission voted unanimously to elect Rob Kayton to the pos¡tion oJ Chair

and Harvey Eísner to the position of Vice-Chair for the calendar year.

B. MINOR PLANNED DEVELOPMENT DISTRICT AMENDMENT MNPDD-L7'o3lA requested revision to the Barefoot Landing Planned Development District to add

approximately zoo square feet of wooden decking nearthe carousel.

Action: The PlannÌng Commission voted unanimously to approve the Minor Planned Development

District Amendment.

February zr, zorTOld Business

A. MAJOR PLANNED DEVELOPMENT DISTRICT AMENDMENT MJPDD"T6'o4:A revision to the Major PDD Amendment regarding the Barefoot Resoft Planned Development

District to allow changes to the approved development in Dye Estates.

Action: The Planning Commission voted unanimously to remove the item from the table and to

recommend approval of the proposed Major Planned Development District Amendment.

1

New BusinessA. MAJOR PLANNED DEVELOPMENT DISTRICT AMENDMENT MJPDD-r7-or: A requested

revision to the Town Center on Main Planned Development District to replace a 3,4oo square footrestaurant with additional residential townhomes.

Action: The Planning Commission voted unanimously to table the Major Planned DevelopmentDistrict Amendment to the March 7t 2or7t meeting. A workshop was scheduledfor March 7, zot7, atto A.M. to discuss the proposed amendment.

B. M¡NOR PLANNED DEVELOPMENT DISTRICT AMENDMENT MNPDD-I7-o4: An applicationfor a Minor PDD Amendment to the Barefoot Resoft Planned Development District to allow

changes to the approved development increasing the common open space at the Retreat at

Barefoot Village adjacent to units six (6) and seven (7).

Action: The Planning Commission voted unanimously to approve the Minor Planned Development

Dìstrict Amendment.

C. BONDED FINAL SUBDIVSION PLAT 5UF-r7-oz: A bonded Major Final Plat of Subdivision tocreate four (+) buildable lots of record, the extension of an existing private right-of-way, and a

new private right-of-way within phase zC of the Retreat at Barefoot Village.

Action: The Planning Commission voted unanimously to approve the Major Bonded Final Plat ofSubdivision upon the condition of the letter oÍ credit being submitted.

Respectfu I ly su bm itted,

4"C8"¿-Aaron C. RuckerPrincipal Planner

2

BOARD OF' ZONING APPEALSFEBRUARY 2017Monthly Report

Due to no quorum present, the Board of ZoningAppeals did not meet on February 9,2017.

To: Paul BlustFrom: Ben CaldwellRE: February Building Maintenance Progress Report / Outstanding Caseload312117

Any future detes listed below illustrate the expiration of the initial 90 day grace period

2405 Metts Drive - 5/21/17*Siding is missing in some areas an appears rolten in some areas and is need or repair or replacement*Several windows are boarded up. Boards must be removed and any broken or missing window panes shall be replaced

241 7 Ridge Street - 4/16/1 5-Siding, soffits and fascia are rotten and need replaced in several areas*Permit issued 6126115-Work started, approximately 75% finished

603 27th Avenue South- 3/1/16tSidlng in some areas is rotten and in need of repair or replacement*Rear door is boarded up - remove boards and assure the door is properly functioning*Screens are rotted and torn, replace, remove or replace the screens*Accessory building has a caved in roof - repair, replace or remove accessory building*Roof of main structure is caving in, repalr or replace the roof area that is collapsing*Zoning Enforcement Officer will be issuing a citation*House demolished, case closed,

607 35'h Avenue South- 6/9/16*Rotten fascia in need of repair or replacement, shingles missing in need of replacement and broken window awnings in need of

repalr, replecement or removal*Zoning Enforcemenl Officer will be issuing a citation

451 7 Sandp¡per Street - 6/30/16*Door off hinges needs repaired or replaced, screens need removed or replaced and the roof is leaking and needs repaired or

replaced*House removed, case closed

2406 Dale Street - 7/19/16*Broken windows are in need of replacement-Window screens are torn or severely worn and in need of replacement or removal.Underskirting is missing is some areas and needs to be repìaced*House removed, case closed

2405 Dale Street- 8/2/16*Window screens are torn or severely worn and in need of removal or replacement

2404 Dale Street - B/3/1 6*Underskirting is missing is some areas and needs to be replaced

"Door is dilapidated and in need of repair or replacement*Zoning Enforcement Officer will be lssuing a citation

3404 A Poinsett Street - 8/36/16*Siding, windows, doors, screens, platforms, decks, and landings are all fire damaged and in need of repair or replacement*No progress - citation issued - October 5rh Court Date - Defendant requested and was granted continuance

' Defendant requested jury trial

612 6th Avenue South - 9/20/16*Rotten roofing, missing shingles, roof in need of repair or replacement

4506 Osproy Street- 11/24/16*Exterior siding/skirting is missing in some areas and need replaced*Torn scr€€ns need replaced or removed.Property in compliance, case closed

904 Seaside Drive - 11/25/16*Decking and window frames are in poor condition and need replaced or repaired

"Screens are torn and need replaced or removed

805 Wayne Street - 11/18/16*Siding and under skirting is missing in some areas and needs to be replaced*There are missing and cracked window panes that need to be replaced.Doors shall fit properly and be operable; they shall not be boarded up. Door boards shall be removed*Accessory structure is dilapidated and needs repaired, replaced or removed

451 I Curlew Street - 10/21/16*Siding is rotten in some areas and needs replaced*Screens are torn and need replaced or removed*Accessory bu¡lding is damaged and in need of repair or removal.Roof is damaged and tarps are affixed. The roof needs to be properly repaired or replaced

Porch/deck is dilapidated and in need of replacement or repairs

603 27th Avenue South - 11/23/16*Roof is collapsing in the rear of the home and needs repaired or replaced*There are missing window panes and cracked window panes that need to be replaced*The roof of the accessory structure has caved in and needs to be replaced

1608 South Ocean Blvd - 12/23/16*Windows, screens, doors and siding all in various stages of disrepair and in need of replacement or repair*Perm¡t issued for repairs*Property in compliance, case closed

301 56ttt Avenue North - 12nA16*Roofing, siding, steps, decks, screens and siding are all in disrepair and in need of replacement or repair*No progress, Zoning Enforcement Officer will be issuing a citation

316 50tt' Avenue Noñh - 12/9/16*Roofing, siding, steps and windows need replaced or repaired*Permit issued for repair and replacement

2700 Highway 17 South - 1/26/17*Front façade of building sheared off due to high wind*Replacement or remodel of front is requ¡redtAfter initial cleanup of fallen debris no further work has been initiated.Citat¡on issued for March 15th court date

1506 J Havens Drive - 1/25/17*Shingle and fascia board damage ls in need of repair or replacement

1505 24th Avenue South - 4/3/17*Complete loss fire damage - no demo or cleanup has occurred*Complete demo and cleanup of property is required

707 Windy Hill Road - 3/12/17-Siding and roof¡ng damaged and in need of rêpa¡r or replacement

'Property in compliance, case closed.

2405 Nixon Street - 5/16/17.Deck is dilapidated and in need of repair or replacement

1304 Seaslde Drlve - 5/8/17*Siding and roofing are in disrepair

4501 South Ocean Blvd - 5/23/17

'siding and steps in disrepair and in need of replacement or repair

Page 1 of7

Parks and Recreation Department

C¡ty Gouncil ReportFebruary 2017

City Gouncil March 20,2017

The Aquatic and Fitress Center ended the month with 2661 packages. The facility has been busy withwinterfriends, severalspecialevents, and members having fun while they participate in fitness classes.

Packages as ofJanuary

Packages as ofFebruary

Packages as of March

Packages as of April

Packages as of May

Packages as ofJune

Packages as ofJuly

Packages as ofAugust

Packages as of September

Packages as ofOctober

Packages as of November

Packages as of Decæmber

2011

2301

2344

2303

2142

2072

2149

2166

2178

2153

2155

2167

2146

2012

2427

2ß82401

2182

2191

2208

2221

2190

2136

2143

22U

2216

2013

241

2508

2440

2291

2230

2305

23r'3

2230

2188

2185

2262

2274

2014

2535

25/,6

25/:9

2339

2300

2317

2317

2278

2296

2236

2364

2383

2015

2æ5

2740

2700

2506

2415

2Æ6

2471

2412

2355

2330

2æ7

2426

2016

2æ6

2æ6

2æ9

2421

2412

2ß7

2441

2358

2330

2324

2æ2

2361

2017

2656

2661

Member check-in:

February 2017:23,240

February 2016= 25,568

Parks and Recreation DepartmentCity Council Monthly ReportFebruary2O17Page2of T

Aquatic Proqrams

o There were 211 0 participants in the water exercise classes, 224lap swimmers, 2057whirlpool users and 1888 therapy pool swimmers

Swimming Lessons

. Group swim lessons that began in January will end March 11

Februarv Events

. The AFC hosted the SC SCY State Championship meetwijl.l. 162 participants

. Dolphin swim team has 55 participants

. Coastal Scuba had 8 hours of lane rentals over a four day periodo A Water Exercise lnstructor in-service was held with 6 participating. One Dolphin tryout was done and two swim assessments for lesson placement were done

March Events

o Dolphins swim team will participate in a swim meet in Conwaythis month. Jr. Guard continue training with Beach Patrolo Coastial Scuba has requested 8 hours of lane rental for training throughout the month. A kayak class will be offered March 30. A lifeguard recertification is scheduled for March 5. Lifeguard certification course will be held March 16-20o AFC willfacilitatethe Palmetto Championship swim meet March 24-26o NMB Fire Deptwill hold staff swim training severaldays this month. Dolphins swim team continues practice 5 days a week

Fitness Proqrams

. February 2017 Land class participation:4351215 classes forthe monthClass average: 20.24

o February 2016 Land class participatton:4241196 classes forthe monthClass average:21.6

r Total orientations forthe month: 32. Fun Fit Club 44 participants

Parks and Recreation DepartmentCity Gouncil Monthly ReportFebruary 2017Page 3 of7

Child Watch & Activitv Proqram

. Averaged 8 participants in the moming progmm Total- 202 visits

. Averaged 11 participantsintheevening program Total-218visits

. 12 kids in gymnasium

. Adult gym participation average was 39 with a total of 475 adults in the gym forthe montho After School average for the month 31

Open Volleþall Nights - Thursday at 7 pm in the racquetball oourts have 6-10 adulb eachnight.

o Parents Night Out had 13 participants. One Birthday Partyfora member

Customer Service

TotalTours:54Number of lnState Tours: 34Number of Outof-State Tours: 2039 tours letters were sent out and 55 new member letters were mailed to those wlro joined inFebruary

Recreation

Artists Evervwhere¡ January 17 - February 15: Jewel Becker Simmonsr February 14 - March 15: Rebecca Lindblade (student's artwork)

Special Events/Festivals

St. Patick's Day Parade and Festival. March 11

. All applications are due February 10,2017o NewLogo

Touch a Trucko AprilS. NMB Park & Sports Complexo Cunently accepting applications for vendors

Diva Half Marathon & 5k. Expo: MayS&6. Race: MayT

Parks and Recreation DepartmentGity Council Monthly ReportFebruary2017Page 4 oÍ7

Mavfest on Main. May 13o Vendor applications will be released Marclr 14,2017

SummerConcert Series. Musicon Main: May 18-September 28, everyThursdayT-9PM. Sounds of Summer:June 16-September 15, third Friday 7-9PM. All entertainment for the concerts are booked

Ot^ltdoor Proqramminq

Clemson Extensíon

. Working with Clemson Extension to gauge interest in possible programs at theNMB Park and Sport Complex. Possible programs include gardening, robotics,engineering, wildlife, nature, agriculture, entomology, and other topics of interest toyoung people. Open to ages 5-19.

SponsorshipsSports Complex/Recreation :

o New Sponsorshipso Cheeseburger in Paradise

. Renewalso Cherry Grove Beach Houseso Brigman Companyo BagelPorto Bonyourslef.como Dairy Kingo Dicks Last Resorto CCNBo Car Cityo CherryGroveAutomotive

St. Patrick's Parade & Festival:. Stage sponsors

o Burger Fi

o Flynn's lrish Tavemo Santee Cooper

Summer Concert / Movie Series:. Musicon Main Sponsors- CCNB. Sounds of Summer-Avista. Movies at McLean - North Strand Nissan

Parks and Recreation DepartmentCity Gouncil Monthly ReportFebruary2017Page 5 of7

KNMMB

Unfinished Businesso There will be a planning meeting in March for the October 2017 GO Festival.. The SCLCA/KSCB Conferencewillbe February 23ñ atthe Hilton. Four KNMBB members

are registered to attend. Others who are interested may be able to registerat the door.. NMB High School and CCU students, along witl'r other volunteers, cleaned the dunes and

beach accesses on February 11h. Anotheicleanup is scheduled for Sunday, February 26hfrom 2:00 pm - 4:30 pm. Participants will meet at Burgess Prqserve and be shuttled to theCherry Grove beach accesses.

. A group of residents applied to plant a Community Garden on cityovvned property on 27hAvenue South, west of Highway 17. The City Attorney is meeting with ürem to work out thedetails. lf approved, they are eligible for $250 in reimbursement for expenses.

o Monday after the Masters is April 10. Volunteers forfull{ay or halfday shifts are needed.. The annual Wateruvay Cleanup will be Apnl22ñ, Earth Day, staging at Johnny Causey

Landing. BreaKast and lunch will be provided. Volunteers will clean marshes, watenruays,and Waities lsland from 8:30 am until noon.

o A new bannerwas hung at NMB High Sdrool. The NMB Middle School banner is readyand will be hung when the school liaison is available. Banners for the elementary schoolsare planned.

New Business. The Grand Strand Professionals organization will sponsora beach cleanup on April29h,

stiaging at Molly Darcy's on 17h Avenue South.

OtherAnnouncements. Keep North Myrtle Beach Beautiful will have a booth at Mayfest. ldeas were discussed for

attnacting children to the booth.

Athletics

a NMB Youth Basketball games ended on Friday, February 17. Basketball for 2017ended with 336 participants and 33 teams ranging from ages 7 to 15 (increase of8% from 2015)Basketball All Star teams were selected for the 10U, 12U,14U boys and 12U girls

to participate in the SCAP District tournaments.Spring sport registration began on January 30th and ended on Februa ry 24'n.Sportsoffered are youth baseball, youth softball, youth soccer, adult soccer and adultsoftball. To date, over 530 children have registered from the spring sports season.

a

a

Parks and Recreation DepartmentCity Council Monthly ReportFebruary2O17Page 6 of7

Sports Tourism

. 4 sports tourism events held in February. SC Masters Swim Meet (AFC)- 162 swimmers. Beach City basketball- 12 teams. UNCW Frisbee - 24 teams. Michael Nash Soccer Tournament - 19 teams

. Total February Economic lmpact = $444,859 (62% increase from 2016)

. Attended South Carolina Sports Alliance annual business meeting

. Met with Sports Ambassadorso Continued preparations for USA National Basketball Tournament and upcoming

Collegiate Spring Training Events.

Beach Services. Beach boxes repaired and readyto retum to beach 3129117

. All beach service trucks have maintenance requestforms completed

. Completing rehire paperwork and new hire as well

o Cunently 50% staffed with interviews stillundenruay. Beach Service employment positions still posted for concession worker as well as

concession supervisor. Receiving beach wheel chair reservation requests

Parks and Grounds

Non-Routine Proiects and Activities

Parks and Beach. Finalize Rail and walkover repair at Heritage Shores. Hurricane Matthew Sand fence debris removal and temporary sand fill at uncovered

beach walkover structureso Easing of dune escarpments to make beach accessible this beach seasono Landscape renovations and mulching at Central Park

Recreation and Special Events. Remove Christmas tree recycling remains and debris. Contractor repair of Hurricane Matthew damaged backstops at Central Park

Parks and Recreation DepartmentCity Council Monthly ReportFebruary2017PageT of7

Topdress and Roll North Myrtle Beach Park & Sports Complex Meadow damagefrom GCLS

a

Medians and Right of Ways. Hazard tree consultation and/or mitigation at gth S and Edgewood, Shadowmoss,

1205 Edge, 809 Hillside, Possum Trot Rd, 20th N, and North Myrtle Beach Park &Sports Complex wetlands

o Fill/grade ROW drain at Havens/Holly near 13th S. Hand clear aírport ditch near air traffic tower

Grounds Maintenance. Landscape renovations at Municipal Complex, Main Street Connector, Main Street,

Community Center and select Fire Stations.

Park and Sports Complexo Finish landscape renovations at Baseball and soccer complexes. Mulch all of

baseball and common areas.. Finish installation of split rail fencing at baseball press boxes and seating areaso lnstallation of drainage modification and weir system at soccer complex. Pre-season infield renovations and tournament preparation

OtherPlan and coordinate Phase ll of GSWSA trail and wetland footbridge betweenNorth Myrtle Beach Park & Sports Complex lakefront and baseball parking

Upcoming Projects¡ Contractor repair/replacement of damaged or unusable beach walkover structures. Mulch North Myrtle Beach Park & Sports Complex soccer complex and parkingo Winter Planting. Staff 1"t aid/CPR training and certification. Beach access marker and walkover maintenance. Spring Annualflower planting. Construct GCLS Storage building and trailers

a

PUBLIC T|/ORKS DEPARTMENTMonthly Report

Kevín D. Blayton, PEDírector

ENGINEERING DIWSIONTrøvis Dupree, PE

Engíneering Manager

SANITATION DIVISIONLent WíIIiøms, Superintendent

STREET & DRAINAGE DIVISIONRobert Turner, Superíntendent

UTILITY DIVISIONRalph Norris, Superíntendent

March 2017

Water Supply & Demand - January

o Monthly Avg. Day System¡ Average Day Measured*to Monthly Total System Water¡ Billed Water**

Wastewater Collection & Treatment- January

o Monthly Average Daily Flowo Monthly Peak Daily Flowo Total Metered Flow**¡ Billed Usage**o Unbilled Usage**

Solid Waste Collection & Disposal -January

o Volumeo MSWo Yard Wasteo Recycled ilncludes E-Waste)

o C&Do Total Pick-up/Disposal

o Recycling %o Landfill Disposal Cost

Public Works DepartmentMonthly Statístìcs

2017

3.4 MGD4.7 MGD

105,438,200 Gallons139,970,000 Gallons

2.0 MGD2.4 MGD3.2 MGD

98,145,000 Gallons551,000 Gallons

714 Tons372 Tons168 Tons128 Tons1,382 Tons

235%831,644

2016

3.3 MGD3.6 MGD

102,982,250 Gallons110,131,000 Gallons

3.1 MGD6.1 MGD2.9 MGD

87,008,000 Gallons1,815,000 Gallons

727 Tons477 Tons165 Tons79 Tons

1,448 Tons22.6%

$31,480

**Includes portion of current month and prior month based on meter reading schedule

Departmental Notes - February 2017

o Capital Project Update attachedo CCU Ocean Monitoring Report - January

Public \Morks DepartmentCapital Improvement Project [Jpdate

Water ønd Sewer System fmprovements

Storm Drøinage System Improvements

Progress & Goal

Bid June 2017

Bids received March I0,2017.Begin construction early April.

Continue Construction

Begin Construction April 201 7.

Continue survey and design.

Status

Design 90%

Construction 0olo

Construction25%o

Construction 0olo

Design20%o

Funding Source /Cost

Utility Fund

$750,000

Utility Fund

$1.630.000

Utility Fund

Water & SewerCapital

$1,435,000

Water/Sewer Impact

$350,000

Engineer /Contractor

Thompson/Dupree/Blayton

TBDThompson/Dupree/

BlaytonTBD

Dupree/ DDC

RH Moore

Thompson /Dupree / Blayton

Greenwall

Dupree/Blayton

CityForceÆBD

Location

Various

Various

17ú Avenue Southto 28th Avenue

South

Ocean DriveWWTP

Riverside Dr. LRNRd. to end

Description

2016 WaterImprovements

2016 SewerImprovements

South Ocean BoulevardWater/Sewer, Crescent

Beach

AI\ryW Retaining Wall

Riverside DriveWater/Sewer

Progress & Goal

Continue survey and design. BidAprll2}I7.

Status

Design 90%Complete


Stormwater Fee

$515,000

Engineer /ContractorThompson/

Dupree / Blayton

TBD

Location

LRNR- MagnoliaDrive Pond

1lth Avenue North -Bellamy Rd

5th Avenue South to6th Avenue South

Pine Street

Description

Priority Group IDrainage System

Improvements

1 4/t3t20r6

Public Works DepartmentCapital Improvement Project [Jpdate

Street Improvements

Progress & Goal

SCDOT Approval.

Continue Design. ObtainSCDOT approval



Pull wire set equipmentremove poles


Bid Opening March 15,2017

Construction defered, fu ndingand right-oÊway

Status

Design Complete

Design 90%

l5olo Construction

Corstruction

Construction95Yo

Construction- 5Yo

Bid

Preliminary designcomplete


Development/StreetImp Fund/CTC

$2.500.000SCDOT/GSATS

$3,500,000

Street Imp Fund,Franchise Fund

SCDOT / GSATS

$3,329,000


$5,800,000


Street Imp Fund

$1,760,000

Street Imp Fund

$750,000 Estimate

Engineer / Contractor

Dupree/B layton/S tantec

TBDDupree / Blayton/Stantec

TBD

Dupree/ DDC

RH Moore

SCDOT/STV

Palmetto

Dupree/DDC

Greenwall Construction

Dupree/lvlead & Hunt

TBD

Thomp son/Dupree/B layton

TBD

Dupree / Blayton

TBD

Location

l lth Ave N - Hwy17 to Golfuiew

Drive

17û Ave S to 28th

Ave S

lTtn Avenue Southto 28th Avenue

SouthOcean Creek toBarefoot Resort

Bridee Rd.

Ocean Creek toWH Rd. Ext.

Sea MountainHwy to 29th Ave

North

Various

Cherry GroveMarsh along LakeAve. @ Burgess

Preserve

Description

l1ú Ave N RoadWidening

South Ocean BlvdWidening, Crescent

BeachSouth Ocean

Boulevard E/CIT,Crescent BeachHwy 17 South

Intersections WindyHill

Hwy 17 SouthElClT, Windy Hill

NOB E/C/TCherry Grove

Roadway,Sidewalk, & Paving

Improvements

Lake AvenueBoardwalk

2 4/13120t6

Public Works DepartmentCapital Improvement Project Llpdate

Street fmprovements

Progress & Goal

Construction deferred,development schedule.


Begin Construction February20t7

Status

Design complete.

Construction- IÙYo

Construction- I0%o


Street Imp Fund

$95,000

Street Imp Fund

$99,000

Street ImpFund/SCDOT

$s30,000

Engineer /Contractor

Thompson/Dupree/Blayton

TBDThompson/Dupree/

Blayton

Sellers

Dupree / Blayton

Coastal Asphalt

Location

Highway l7 at2"dAvenue North

3'd Ave S60ú Ave N

33'd Ave S -Replace Handrail

Water Tower Road

Description

2nd Avenue NorthWidening

Beach AccessHandicap

Boardwalks

Eastcoast Greenway

3 4lt3l20t6

c-OFsr,Ãr cAnoLINAUNIVERSITY

Envlronmenlol Quollly Lob

Woccomow Wolershed AcodemySchool of Cooslql ond Mo¡lne Systems Science

College of Science

North Myrtle Beach - Ocean MonitoringOfficial Results lor January 2017

* All enterococci results determined by IDEXX Defined Substrate Technology methodusing IDEXX Enterolert reagent and IDEXX Quanti-Tray and at least a 1/10 dilution.

LaþoratorySample lD

Fi€ldSampl6 or

Slts fD

SC DHECWaccamaw

S¡te lO

Sampl¡ngSite

Location

SampleCollection

PointCollection

OateColleclion

T¡meNeafest

Tidal SlateNearest

Tide TimeSalin¡ty(psu)

Conductiv¡ty(us)

EnterococciMost Probable

Number(MPN/100m1)

SampleTyp€

Ê17-0021 WAC.O9A WAC.O9A Whlt Pl Sßs¡ Srarh@nflmæ 11312017 '11:17 H¡gh I 1:15 339 <10 Grab

e17-0022 -09 wAc{9 4TlhAve Sq¡h Slr.cl üd 1t312017 1'l:30 High 11:15 339 <10 Grab

E17-OO23 wAc-08 -08 SikdAvo Soothffiddf4* ¿¡dsgo 1t3t20't7 1 1:38 High I 1:15 338 <10 Grab

E',l7-OO24 WAGOT wAc-07 l7lhAv. South$rmt em drdfilE diçhe¡gt 1t312017 'l l:55 HrSh 11:15 33.9 20 Grab

817-0025 06 wAc-06 glh Avo So{.ÉhSüEd olÉ arúftr dischåIg€

11312017 12:Oe High ll:15 338 <10 Grab

E1 7-0026 wAc-05A {54 7ìh Aw Sølñ St@t or¡d and

ipe d¡æhargÊ1t3t2017 12:.'13 H¡gh 1 1:'1 5 338 <10 Grab

817-0027 wAc-o5 wAc-05 3rd A6 llodh SlF6t ond sndfipe d¡s.àargG

11u2017 12:23 High 1 1:15 338 <10 Grab

817-0027 wAc-05 -05 3d Aw Noff SlreEt dd andptp€ dlsarúrg€

'v3t20't7 12:23 Hish 1'l:l 5 338 <10 LO

e17-OO2A WAGOS wAc-o5 3d Aæ NoñhAtqd qd an¡tplpo dischargs

'U3t2017 12:29 Hish 11:15 338 <10 FD

817-OO29 -04 WAC-(M 16lh Àve Ndh Slrogl qd aridpipo d¡n irrgþ 1t3t2017 12:32 Hish 1l:1 5 336 3l Grab

E1 7-0030 wAc-03 wAc-03 3{Nh Ave f.ldh sdd 11312017 l2:39 H¡gh 1'l:1 5 33.7 <10 Greb

E1 7-0031 WAG.O2 -o2 ¡l5lhAve North slrôú{ qú 1t3t2017 12:45 High 'I 1:1 5 335 t0 Grab

817-0032 WAGOl -01 59lh Avo Ì&dh Slrod orld 1t312017 '12:.54 H¡gh '1 1;15 334 10 Greb

E1 7-0070 WAC-O9A WAC-O9A Whil€ Pl Smsh SvãshMlfuæ 1t1012017 I 1:58 Loü, '12.22 20 Graþ

E17-0071 wAc-09 wAc-o9 4TihAvo South Skd 6nd 1t1012017 12:'12 Low 12:22 34.4 20 Grab

E17-0072 wAc-08 wAc-08 33rdAY6 SodhStreêl end a¡ldp¡ps dischsrge

111012017 12:24 Lw 12:22 343 20 Grab

E17-OO73 wAc-07 wAc-07 tTlhAvo SoulhSlr6d €d ârdpþo dl¡charg€

1t1D12017 12:4o Low 12'.22 344 <10 Grab

Et7-0074 wAc-06 wAc-06 glhAvå SodhSlaêotond endpipo dlEcturge 111012017 13:00 Lo¡/ 12:22 344 <10 Grab

E17-O075 WAC-O5A WAC-O5A 7th Ave South5lr€61 ond ândpþ€ di6ch¿rgo

1t1012017 12:.54 Lo¡/ 12.22 343 <10 Grab

E17-OO76 wAc-o5 wAc-o5 SrdAvo Nolh8tr€61 end endp¡po d¡6rharoe

1110t2017 13:'10 Low 12.22 344 <10 Grab

E't7-0077 wAc-04 wAc-04 l6lh Ave NorlhSlrc€t end andplpe discha.ge

1110120'17 13t2O Lo¡r 12:22 34 I <10 Grab

Et7-0077 wAc-04 wAc-04 16th Avô NodhSlrool ond and

PÌPs disoharge1t1012017 '13:2O Low 12:22 34.1 <10 LD

P.O. Box 261954 . Conwoy, SC 29528-6054 . 843.349 .2237 . 843.349.4042 f ox . coostol.edu/eql

Page 1 of 3

COASTAL CA NAOLRUNIVERS ITY

Envlronmentol Quollty LobWqccomow Wolershed Acodemy

School of Cooslql ond Morlne Systems SclenceCollege of Science

North Myrtle Beach - Ocean MonitoringOfficial Results for January 2017

* All enterococci results determined by IDEXX Defined Substrate Technology method

using IDEXX Enterolert reagent and lDÐ(X Quanti-Tray and at least a 1/10 dilution.

LaboratorySample lD

FiêldSampl€ ot

Slte lD

SC DHECWaocamaw

Sit€ lD

SamplingS¡te

Location

Sampl€Colloction

Po¡ntCollect¡on

Dat€Collêction

TimeNearest

Tidal StateNearÊst

Tide TimeSalinlty(psu)

Conductivity(us)

Enterococc¡Mosi Probable

Numb€r(MPN/10oml)

SampleType

817-OO78 wAc-o4 WAc-04 l6lhAve ¡,lorlhSl.@t€nd åndp¡po discàå¡gê

1t10t2017 13:2O Lonr 12'.22 u.'l l0 FD

E174075 WAC{3 wAc-o3 3olhAve llolh Sm €nd 1t10t2017 13i29 Lo/ì, 12:22 340 <t0 Grab

E17-0000 WAC42 WAc-02 4.5lh Ave l.¡odh sÙEot ond 1l'to12017 13:38 Lon '12:22 33.9 <10 Grab

E17-008r WAC-Ol wAc-o1 69h Avo l.lotlh sù6t end 1nono17 13'.47 Low 12:22 336 t0 Grab

Et7-0102 WAC.O9A wAc-{)94 WtÍte Pt slmslsYðsò

cúfùoæe 1n6nu7 10:59 HrSh 10:54 321 <10 Grab

E17{103 09 {)9 {7trl Aw Sodh 9116l drd !14r20't7 1 1:10 High lO:54 32.2 <10 G¡ab

Éj7-O104 {8 WAC-OE $rd Ave Sdil Slræl end a[ddp€ dbchsße 1116no17 I 1:19 HrSh l0:54 32.1 10 Grab

E17-0105 wAc-07 47 l7lh Aw Sdh $r@t d¡d andpþe dsdsgo il1612017 11:30 High l0:54 32.O <10 Gmb

E1 7-01 06 WAC{6 WAc.06 glh

^Yô Soulh

grðl snd Endp¡p€ dischaEo

111612017 11i44 H¡gh 10:54 32'l <10 Grab

8174107 WAC-O5A -054 7h Aw Sdlh Slræl drd end

t¡po rtisMg€ 1l'16t20't7 1'l:39 High t0:54 322 t0 Grab

E1 7-01 08 -{t5 WAGO5 KAÉ Ndh Silßol €ld an¡t

dpê d¡8clì€rgô1t16t2017 11:50 Hish 10:54 32.3 <10 GÍab

E17{109 wAc-04 wAc-04 'l6th Avs Ndh stgd fld andprpê dlrcù4gå 1t16t2017 1 1:58 H¡gh 10:54 326 <10 Grab

E174110 -03 wAc-o3 Unh Ave ¡{dlÀ Sirôd ônd 'v16t2017 12'.ß H¡9h 10:54 127 <10 Grab

817-O',t10 WAGO3 wAc-o3 3{lh Avo Nqìh slßôl snd 11'.t612017 12:06 High 10:54 32.7 <10 LD

817-O11'l wAc-o3 wAc-03 3üh Äv. Nqth Slræl ord 1116t2017 12:6 High '10:54 32.7 <10 FD

817-01',t2 WAGO2 wAc-02 as{h Avs llodh Slreel 6nd 1t1612017 12j.14 High 10:54 31.9 <t0 Grab

E1 7-01 1 3 WACOI WAC41 59thAv6 Nqth SlÊl ond 1t1912017 12123 HiSh 1 0:54 32 1 <10 Grab

Ê't7-o145 WAC.O9A WAC-O9A uìJhlte Pl SwasÌSMsh

cof¡lwn@1t23t2017 1'l:10 Low 1O:47 18 66 1918 Grab

El 7-01 50 wAc-09 wAc-09 4TlhAve Soulb Str6ôl 6nd 1t23t2017 1'1122 Low 10'.47 91.8 84 Grab

E17-0'151 wAc-o8 wAc-08 J3¡d Avô Sdlh slfsl ild ândphô dlwh¿rge

1t23t2017 1'l:31 Low 10:47 320 76 Grab

E17-O152 wAc-07 wAc-07 lTlh Aw SNlhStrâst end endplpc dl$har9o

1t2312017 '11:4O Low 1O:47 31.6 20 Grab

E1 7-0 1 53 wAc-o6 wAc-06 glh Av€ SoulhSlml e¡d andp¡pe dlshårgo 1t2312017 1 1:53 Low 1o:47 321 30 Grab

P.O, Box 261954 , Conwoy, SC 29528-ó054 , 843.349.2237 ' 843.349.4042|ox ' cooslol.edu/eql

Page 2 of 3

COASTAL CAROLINAUNIVERSITY

Envlronmenlol Quollty [obWoccomow Wolershed AcodemY

School of Cooslol ond Morlne Systems SclenceCollege of Science

North Myrtle Beach - Ocean MonitoringOflicial Results for January 2017

* All enterococci results determined by IDE)fi Defined Substrate Technology method

using lDÐ(X Enterolert reagent and IDEXX Quanti-Tray and at least a 1/10 dilution.

LaboratorySamde lD

FieldSampl6 or

Slte lD

SC DHECWaccamaw

S¡le lD

SamplingSite

Locâtion

SampleColloclion

Po¡ntCollection

DateCollect¡on

TimeNearest

T¡dal StateNearest

Tído T¡meSal¡nity(psu)

Conductiv¡ty(us)

EntefococclMost Probable

Numb€r(MPN/100m1)

SampleTvæ

Et7-015/ WAC-O5A WAGO5A 7lh Ave 8oultrSlGd 6rld and

fJip€ dj$hargÊ 1t23t2017 1 l:48 Lo\,Y 1O:47 321 t0 Grab

8174155 WAè05 5 3{d Aw ¡lorlhS'lßot ond er¡d

dpê dl3chargo11231?017 I 1:59 Lot, 1O:47 32.1 11 Grab

E17-01 50 wAc{4 WAc.04 l6lhAv€ l{dlhStrêd dd sdpipo d*sctrsgô

1t23t20't7 12:0o LolÀr 1O:47 32.',| 20 Grab

E174157 wAc-o3 WAC{3 3ûì Avê lldlh qræl6nd 1123120't7 12'.11 Lorv 1O:47 31.9 l0 Grab

E17-0't58 42 WAc-O2 ¡slh Av. Nrlh slßol end 1t23t2017 12:19 Low '1o.47 31 S <10 Grab

E174158 wAc-02 wAc-o2 45lh AÞ l¡dth Strdt ond 1t23t2017 12119 Lorv 1fl'.47 31.9 l0 LD

Er7-0159 wAc-02 wAc-02 45û Aw thh StEd ond 1nu2017 12:19 Lqr 1O:47 31 I <10 FD

E17-0160 WAC-Ol WAæ1 Sh ^vê

t{rd'l Sl¡Êot erid 1n3t2017 12'.26 Lo¡v 'lO:47 31 6 20 Grab

E17-O187 WA {94 Wr¡b Pl Sw.s¡Sßslr

@nlluq@1t30no17 11:38 H¡gh 9:34 34.6 <10 Grab

E17-0188 WAC{9 wAc-09 aTth Avo Sdth Sd 6r|d 1130.120'17 11:52 Hish 9:34 348 <10 Grâb

E17-0189 -08 08 33rd Âs So'ilìSlEot ond åndptpe di6chargo

1t30120'17 12:o2 High 9:34 349 <10 Grab

E1 7-0190 47 wAc-07 lah Aw SoùlhSl.el ild ddplpê d¡6chårgp

il3012017 12:17 High g:34 349 <10 Gmb

E17-0191 wAc-06 wAc-0ô tth Ave s@thSlræl ild d¡lfipo discharoo

1t30no17 1235 High 9:34 us 20 Grab

817-O152 WAC-O5A WAGOsA 7lh Av€ SodhSto.l úd endpipo dlsûh¡rgo

1130,t2017 12:3o HrSh 9:34 34.9 t0 Grab

E17-0't93 wAc-o5 wAc-os 3rdAve Nodhslrsd 4d s¡dp¡fre disclmoa

1t30t20'17 12:45 Low 15:52 349 <10 Grab

E1 7-0194 -04 wAc-04 16lh AvG NorthSlrsl ond ¿ndplp6 dischaI!o

'v30t2017 12:54 Low l5:52 34.9 3l Grab

E17-0r95 wAc-03 wAc-o3 3olh Ave tlorth Stßd Md 1t3012017 1 3:04 Low 15152 350 988 Grab

817-0196 wAc-02 wAc-02 46lh Av€ North Slßsl ond 1t3012017 13:13 Low l5:52 350 <10 Grab

817-0197 wAc-01 wAc-o1 59lh Ave Norlh Stroet od 113012017 13'.23 Low 15:52 350 <10 Grab

817-O197 wAc-o1 wAc-o1 59rh Avê North Stßêt €nd 113012017 13125 Low 15'.52 35.0 <10 LD

E1 7-01 98 WAC-01 wAc-o1 59lh Ave Nolh Slrêel srd 1t3012017 13:23 Low 15:52 350 <10 FD

p.O.gox261954 . Conwoy, SC29528-6054 . 843.349.2237 . 843.349.4042fox . cooslol.edu/eql

Page 3 of 3

F E B RUARY 20 I7

Human Resources

Support Services

Grants

Hunnrru Resounc¡s R¡ponr - F¡snulny 2017

Humon Resources employees were busy ossisting deportments ond processing newond seporoting employees. Employee performonce opproisols, poy odjustmentsond 447 opplicotions/resumes were processed. We continue to provide ossistonce todeportments on personnel motters incfuding job postings, onnouncements, jobdescriptions, evoluotions ond chonge of stotus forms. Assisted employees withheolth/life insuronce, retirement issues ond other personnel-reloted motters.

New employees received one-on-one orientotion sessions throughout the month.Employees received informotion obout the Ciiy ond their benefits ond we enrolledthem in the City's Heolth ond Wellness Progrom ond other supplementol benefits.

Throughout the month of Februory Humon Resources stoff continued processingemployees, they olso represented the City of severol HR seminors gotheringknowledge ond shoring ínformotion with other humon resource professionols.

Porticiponts of the City's Heolth ond Wellness Progrom received informotíon oboutthe City's Wellness Progrom ond to how to schedule on oppointment. McleodHeolth will conduct the wellness screenings on Morch 21,22,23,24,25,27,28,30, ond31. The gool of the progrom is to help porticiponts identify ony high-risk heolth oreosthey moy hove ond be oble to seek medicol ottention to improve overoll heolthcondition.

ICMA Retirement Plon SpeciolÍst Doisy Jones held individuol meetings on Februory 24,with employees to discuss ond moke chonges to their retirement occounts. She willreturn for onother session on Morch 31, if interested pleose coll Debbie of ext. 5555 toschedule on oppointment.

The Americon Red Cross ond Humon Resources stoff will sponsor o two-doy blooddrive on the bloodmobile. The dotes ond time will be Tuesdoy, Morch 7, 8:30 om -I :30 pm ond Wednesdoy, Morch 8, l0:00 om - 3:00 pm. Pleose coll Debbie Brown,ext. 5555 in the Humon Resources office to moke on oppointment. Thonk you forconsidering giving the gift of life.

New EmployeesAndrew Chernoff Customer Service Speciolist - PT Porks & Recreotion -A&FCJoson Clodfelter Public Sofety lntern - PT Public Sofety

Wolter Dovis Fitness Speciolist - PT Porks & Recreotion -A&FCDorvin Green Food & Beverqqe Cook - PT Porks & Recreotion - Sports Pork

Brodley Hordee Motor Equipment Operotor Public Works

Sheldon Hedqpeth Group Fiiness lnstruclor - PT Porks & Recreotion - A&FC

Jeremioh Hollomon Food & Beveroqe Cook - PT Porks & Recreotion - Sports Pork

Annette Huffmon Custodion Generol Gov. - Support Services

Justin Kutzley Motor Equipment Operotor Public Works

Robert Polond. lll Public Sofety lntern - PT Public Sofety

Ashley Sheehon Food & Beveroqe Coshier - PT Porks & Recreotion - Sports Pork

Kimberly Sheehon Food & Beveroqe Coshier - PT Porks & Recreotion - Sporis Pork

Courtney Rowles Customer Service Soeciolist - PT Porks & Recreotion - A&FC

Beoch Concession Wolkers(*supervisor)

Gunter Bowlinq Mothew Milliqon*

Seporqled EmployeesMeoqhon Chompion Records Clerk Public Sofety

Motthew Reid Focility Supervisor - PT Porks & Recreotion

Julie SmithPublic Sofety Officer DARE/Crime

PreventionPublic Sofety

Emplovee (BCBS & SAV- Rx) lnsuronce Updole:

Jqnuqry Medicol Cloims Poid 144,969.21

Jonuorv Dentol Cloims Poid 22,451.97

Jonuory Druq Cord r08,935.40

TOTAT Jonuory s27ó.35ó.58

Wonr¡n's Connp¡rusnto¡¡

(Public Sofety): DOI 02/12/2017 - An employee comploined of exposure to foreignliquid ofter checking the fluids of o vehicle. The employee slotes while checking thefluids o foreign object enter the noilbed of the employee's left index finger cous¡ngredness, swelling ond poin. Grond Strond Medicol Center treoted ond releosed theemployee.

(Public Sofety): DOI 0211312017 - An employee wos ossisting in pulling o hose off o fireengine during o troining drill ond felt poin to the right orm. Seocoost Medicol Centertreoted ond releosed the employee.

There are no other new reports of employees treated under ll/orkers' Compensation þr the month of February at this time.

SUPPORT SERVICES

MONTHLYREPORT

FEBRUARY 2OI7

Bid Number Descrintion Deot. Undate

Bid 2017-003Lw Incline Fitness Trainer P&R PO77075 True Fitness Technologies

Bid 2017-004LV/ Provide and Service Portable Toilets P&R Awarded to Liquid Munn-E-Port

Bid 2017-005Lrü/ Sanitary Sewer Improvement PIW To be determined

Bid 2017-006LW Beach \Valkover Construction and Repair PW Awarded to Henley Construction

Bid 2017-007Lw Street End Maintenance P&R To be determined

Bid 2017-008LV/ Design and Build Metal Storage Building PV/ Due March 14,2017

RFQ 2017-009JK 20 I 7 Baseball/Softball Uniforms P&R Awarded to First Team Sports

Bid 2017-0rOLw Roadway and Sidewalk Improvements PW Due March 15,2017

RFQ 2017-01IJK Spring Soccer Uniforms P&R Awarded to Score Sports

Bid 2017-0l3LV/ Beach SurfRake PW Due March 17,2017

BID REOUIREMENTS:

CUSTODIALiFACILITY MAINTENANCE :

Performed routine maintenance and made repairs to various City facilities and equipment. For the month of February,2017,we processed 71 Facility Maintenance work orders:

MechanicalElectricalPlumbingStructuralCustodial

3

l7l6I4

1

Beach Services 0Warehouse 0Miscellaneous 19

Chemical Treatment 1

Training 0

FLEET MAINTENANCE:Performed routine maintenance and made repairs to various vehicles and equipment.

Total Equipment:Total Work Orders

109r44

Maintenance ønd Repøir Costs:Parts issued stockedParts issued non-stockedSublet (Vendor)LaborTotal work order costs

PURCHASING:

Number of Purchase OrdersPurchase Order Dollars

$ 10,331.79

s82,t12.02$50,537.96$13.9s8.36

$156,940.13

140$503,669.1ó

Grants Update

Expected NotificationDate

Unknown

Spring 2017

Unlcrown

Other Activities

Continued grant administration, including grant close-outs

Conducted research to find potential funding sources for various City projects

Proposal Due Date

24-Feb-17

3-Mar-17

Pre-application due

April I1,2017

oÁ Match

50%

NA

2s%

AmountRequested

s33,769

$500

Proposal inprogress

Department

Public V/orks

Public Safety

Citywide

Request

Equipment/supplies to expand oceanfrontrecycling program

Handouts, food and beverages for PublicSafety open house

Proposal in progress

New Grant Proposal

FY 2018 DHEC Solid Waste Reductionand Recycling Grant - Increased

Collection

2017 NFPA Wildfrre Preparedness Day

FEMA Hazard Mitigation Grant Program

for Hurricane Matthew

Grant Administration

Re s earc h/Rev iew /Mis c e I I aneo us

February 2017

bAAgenda Item Prepared by:

Aaron C. Rucker, PrincipalPlanner

Date: March 16,2017Agenda Section:Old Business: Ordinance: 2"d Reading

Subject: A request to amend the Barefoot Resort PlamedDevelopment District concerning the Dye Estates

TMJPDD-16-041

Division: Planning & Development

City of Nortlr ì\[yr"tle FJoaclr. Siouth Carolina

REOUEST FOR CITY COUNCIL CONSIDERATION

Date: }llarch2 2017

\\nmbptnn\PDFiles\PLANNING\Cit1' CoLurcil\Meetings and Woi'ksho¡-rs\2017 - lv{eetings\Mar20\MJPDÐ- l6-0-lDyeEstates\N4JPDD- I 6-04BFR lPlL.docxPage I of2

Executive Summary:City Council voted unanimously to approve the proposal on l"tReading at the March 6th meeting.

Planning commission recommended unanimous approval of the proposal at their February 21't meeting followingassurances provided to the City Attorney that the Board of Directors for the Dye Estates Homeowners Associationhad approved the proposed site plans,

The revised PDD documents attached for the March 6th meeting addressed the current status of the proposal:. Approval by the Dye Estates HOA.¡ 29 approved single-family detached dwelling units versus 51 proposed single-family attached

(townhome) dwelling units.. Reducing access points along Gray Heron Drive to four driveways.. No building is closer than fìfteen feet (15') to the property line.o Orientation of townhomes adjusted to reduce garage door exposure outside of the development.. A minimum 4' earthen berm with plantings added to both sides of Gray Heron Drive.. Secondary control gate reflected on site plan.¡ Building materials and colored renderings of townhomes provided.

Additionally, Mr. Staats has indicated he intends to prohibit short-term rentals and parking along Gray HeronDrive by deed.

Pronosal:The applicant Tom Staats, authorized agent for Coastal Resort Holdings, has requested a reconfiguration of TractIMF-3, located in the Dye Club, by changing the approved residential uses from detached to attached, increasingthe approved density and creating a new parking lot and site design.

The revised site plan encompasses 8.09 acres, and increases density to fifty-one (51) townhomes spread across

both sides of Gray Heron Drive in Dye Estates. The proposed layout would contain fofty (40) four-bedroom unitsand eleven (ll) three-bedroom units. In contrast, the approved 1999 site plan contained a total ofthirty-seven(37) units; twenty-nine (29) detached cottage units on the north side of Gray Heron Drive and eight (8) on the

south side. A 2001 site plan amendment replaced the29 detached cottage units on the north side with twenty-one(21) detached units.

The new layout would require one hundred twenty-two (122) parking spaces. One hundred twenty-two (122)spaces would be provided within driveways or additional parking spaces shown throughout the site. Detailedreview of the parking requirements will take place by staff once site plans have been submitted.

City of North ìVlyrtle Ronclr, Soutlr Carolina

\\nmbplan\PDFiles\PLANNING\City Council\lvleetings iud !\/olksbops\20 l7 - lvleetings\Mar'2O\N,t.lPDÐ- !6-04Dy'eEstates\\ IJPDD- I 6-04BFlì lP2.doc,vPage 2 of 2

Color architectural renderings and building elevations, including building materials, for the three unit typesproposed (Units K, L and A) have been provided for review. Site setbacks \¡/ould be ten (10') feet for the front,zero (0') for the side (but l0' offside property line), and zero (0') for the rear.

Drainage and storm water must be properly handled and preliminary engineering has been reviewed and approvedby the Director of Public V/orks.

Construction ScheduleAccording to the PDD documentation, two phases of development would occur. Phase I consists of 32 units, and

Phase II 19 units.

Staff Review:Staff has no issue with the proposal.

Plannine Commission Action:The Planning Commission conducted the official public hearing on November 15,2016 and voted unanimously(7-0) to recommend approval of the proposed major amendment. Commission conducted a second meeting on

January 24Ih and voted unanimously to table the item to the first meeting in February. At the February 2 l't meeting,commission voted unanimously to approve the proposal, conditioned upon Pink Muhly Grass replacing LoveGrass within the earthen berms. The condition has been met,

Members of the Dye Estates neighborhood and HOA attended the February 2l't meeting and confirmed the DyeEstates HOA had approved the revised proposal.

Recommended Action:Approve or deny the major amendment on Second Reading.

Reviewed by CityHead

Motion By 2'o ToBlAction:

ORDINANCE

AN ORDINANCE OF THE CITY OF NORTH MYRTLE BEACTI PROVIDINGTHAT THE CODE OF ORDINANCES' CITY OF NORTH MYRTLE BEACH,SOUTH CAROLINA, BE AMENDED BY REVISING THE BAREFOOT RESORTPDD (PLANNED DEVELOPMENT DISTRICT) F'OR THE DYE ESTATES.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF NORTHMYRTLE BEACH, SOUTII CAROLINA, IN COUNCIL DULY ASSEMBLED,THAT:

Section 1:That the Barefoot Resort Planned Development Dishict be amended per the attached PDDdocuments presented by G3 Engineering, authorized Agent for Coastal Resort Holdings,and included in this ordinance as exhibits A through G:

¡ Exhibit A: Master Site Plane Exhibit B: Project Datao Exhibit C: Landscaped Berm Detailo Exhibit D: Gate Concepto Exhibit E: Ap,proval later from the Dye Estates Homeowners Associationo Exhibit F: Building renderings entitled '.A New Townhouse Development for the

Dye Club"o Exhibit G: Building renderings entitled "A New Townhouse Development for the

Dye Club"

If a conflict arises between the amendments listed in the ordinance and those listed in thePDD documørts, the PDD documents shall take precedence. The proposed changes arereflected in the PDD documents.

Section 2:That the North Myrtle Beach Planning Commission has provided the required public noticeof this request and has held the necessary public hearings in accordance with applicableState Statutes and City Ordinances.

DONE, RATIFIED AND PASSED, THIS DAY OF 2017.

ATTEST: Mayor Marilyn Hatley

City Clerk

APPROVED AS TO FORM:

FIRST READING:

City Attorney

REVIEWED:

City Manager

SECOND READING:

MASTER SITE PLAN

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TMS / PIN I1 43- 1 &0 1 -00 1 /358-1 6-01 -00031 43-1 8-01 -0 58/3 58-1 6-0 I -0@1

5.89 AC.2.20 AC,

TOTAL ACREAGE. 8.09

CURRENT ZONING . PDD "IMF.S'PROPOSED ZON'NG - PDD'IMF-3.ADMENDED"

FLOOD ZONE . LOCATED IN FLOOO ZONE X' FEMA FIRñN MAP # 4501 1OCO586H DATED08/2s1999.

NOIEj NEW FLOOD MAPS NOTAPPROVED AS OF THIS DATE (2.2 ACRE S,TE) HASA SMALL PORÍION LOCATED lN FLOOD ZONE AE-13 pANEL NTJMBER: 4æ110C06ÍK. RESTtS

'N FLOODzo.NE?(',

REFERENCE MUNICIPALITY . CIW OF NORTH MYRTLE BEACH

OWNER OF RECORD .COÁSTÁL RESORT HO LD INGSP.O. BOX 1667NORTH MYRTLE EEACH , SC 29598

DEVELOPER. DRHORTON

JOHN HETERDR HORTON4049 BELLTERRE BLWMYRTLE aEACH, SC [email protected]

PROPOSED USE.TOWN HOMESUNIT KUN'TLUNITA

6.85 AC,4 BEDROOM

3 BEDROOM (4 BDRM OPTION)3 BEDROOM

RIGHT OF WAY EASEME'VT 1.25 AC.

REQU/RED SETSACKS -

zgrygug!¿sEsFRONT IO'stDEo' (10'oFF stDE PROPERTY L'NÐREAR O'

PARKING REQUIRED -TOWNHOUSES (5t UNTTS)40FOURBEDROOM . IOOSPÁCES11 THREEBEDROOMS . 22SPACES

TOTAL. 1229PACES

PARKING PROVIDED -royyrvHousEs (51uNtTs)EACH UNIT HAS A ONE CAR GARACE

122 SPACES

NOIESiI23

I

5

WATER IL SEWER WLL BE PROVIDED IO SERYE THE PROPOSED DEVELOPMENT,ALL

'NÍERNAL PROPERryL'NES TO BE RECOMEINED,

A'O CLEÁR'A'G SHÁ LL OCCUR IN THE EXISTING WETLANDS AND PROPOSEDSEISÁCKS EXCEPT FOR THE AREAS OF I/YEI¡JqNOS SHOWN TO BE FILLED.THERE ARE NO COYEA'ÁNÍS OR RESTR'CI'ONS THAT PROHIE'T THEDEVELOPMENT OF THE SITE AS DEP'CTED,THE PROPOSED ROAD ,S PRoPoSEo To BE PRwATE W,IH E/qSEMENL

IÁNDSCÁP'NG SHOWN HEREON IS FOR REFERE/VCE PURPOSËS ONLY. THE INTENTOF IHE IREES SHOWN ARE FOR THREE (3) IREES TO BÊ, PLACED IN BETWEENEUI¿,INêS PER PDD SPECIHCANONS.

EXHIBIT B

GEENGINEERING

P.O. BOX 26€6PAWLEYS tSLANO. SC 2S585

PHONE: 843.237.1001

M.03Enolns€rlno.oro

DYE CLUB TRACTHORRY, CITY NORTH MYRTLE BEACH, SC o DESßNED EV JJg

PROJECT data DRAWNBY: JJS

DATE: o2-17-2017

PREPARED FOR: PROJEC| Nô: 1ffi10

FTGURENO: 7

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PLANT MATER'AIS t'ST

SYMBOLAOTANICAL/COMMON NAME

planl¡rystzElCALIPER

SPACING/RæTcoNDlnoN COMMENTS

ic lbx x CoÈl 5-f'Hf 8'.1ù maluD hl

OAK LÉÀF HOILY 9ARE ROOT

Mu@pillzlg 12" HT SFfOC

ñJ¡ttyg/@ 3 GAL CONIÀINER

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LORæETÀU'M 3 GAL CONTAINER

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DYE CLUB TOWNHOMESTYPICAL BERM DETAIL

EXHIBIT C

LS-l

DYE CLUB TRACTHORRY, CI|Y NORTH MYRTLE BEACH, SC

DFSIOA/ED 8Y JJS

ORÁWM AYi ¿./9LANDSCAPED BERM DETAILDAÍE: u-1f-2017

PROJECTMO: 18016

P O. BOX 2666PAWLEYS ISLAND, SC 29505

PHONE: 843.237.1001

ENGINEERING oHAURENO: 7

4',

26',

DYE CLTIB TOWNHOMES SCALE: NrS

GATE CONCEPT

EXHIBIT D

LS-2

DYE CLUB TRACTHORRY, CITY NORTH MVRTLE ÙEACH, SC

OES,GIV€D EYTJJS

DMWN BY: trsGATE CONCEPTDA|E: 02.17-20t7

PRoJECINO: lMtS

GBENGINEERING

P.O. BOX 266ôPAWLEYS ISLANO, SC 2S585

PHONE: 843.237.'t001 oFTOURENO: 7

EXHIBIT E

Marv Kramer

From:Sent:To:Subject:

Mary,

As dÍscussed, befow is the acknowledgement from the Dye Estates attorney

Best,

Tom

Tom Staats Jr.

Partner

Tom Staats <[email protected]>Tuesday, February 2'1,2017 10:31 AMMary KramerFW:Dye Estates

,,u*

Post Office Box 17O7

North Myrtle Beach, South Carolina 29598843.390.L999 Office843.222.6OL9 Mobile843.390.4401 Fax

877.6L2.L4I8

From: Bailey, Amanda Imaílto:ABailey@mcnair,net]Sent: Tuesday, February 2!, 20!7 8:26 AMTo: Noury, Chris <[email protected]>Cc: To m Staats <tsta ats @sccoast.net>; Alle n Jeffcoat <[email protected]>;[email protected]; [email protected]: Dye Estetes

Chris,

ln effort to tlmely communicate with the City of North Myrtle Beach Planning Commission, I am forwarding you thisemail on behalf of the Board of Directors of the Dye Estates Homeowners Association, lnc.

"Per an agreement reached with Coastal Resorts on February 20,2077,The Board of Directors for the Dye EstatesHomeowners Association, lnc. approves Coastal Resorts Development Plans titled: "Sheet L", "Dye Club Tract", "Master

I

\-,

SÍte Plans" prepared for D.R, Horton by G3 Engineering, dated October 20, zoLf,,last revised date Decemb er 13,20L6,which have been submítted to the City of North Myrtle Beach,',

I have copíed Tom Staats, and Attorney Allen Jeffcoat, for Coastal Resorts to confirm this agreement, Can you pleaseadvise if this communication is sufficient acknowledgment of the HoA's approval.

Thanks,

MÇ NAIRAmanda A. BalleyShareholder

abailey@ mcnair, net

McNalr Law Flrm, P.A. ¡

Myrtle Beach oflce Founders centre, 2411 oak street I Suite 206 | Myrtle Beach, sc 29s7784s 444 1 1 07 Ma¡n I 843 946 5962 Fax

Malllng Post Ofllce Box 386 | Myrtle Beach, SC 29578VCard I Blo URL lWebsfte

ATTORNEYS

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PRIVILEGE AND cONFIDÊNTlALlry NOTICE: This communicatlon (indudlng any ânachments) is be¡ng s€nt by or on behalt of a lawyer or law flrm and mayconlaln confdenllal or legalþ prlvlleged lnformalion, The sender does'not intend to walw any prívilege, ¡ñAú¿rng me iromefcient prrülego, lhat may attacñ'tothls commun¡c€tlon. lf you arê not lh€ lnt€nd€d reclplent, you ere not sulhorlzed to fntercapt, räaa, pini, retatn, äf¡ iorwárå oi¿¡ssem¡nate thts communtca¡on. tfy(xi hâve rscêived lhis communlcat¡on ln 6110r, pl€as€ notlfy the sender Immedlatefy by erirál ano óeþtê ttr¡s commïnication and all coples

SovurtThis email has been checked for viruses by Avast antivirus software.www,avast.com

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SITE DATA:

TMS / PIN #1 43-1 8-01 -001/358-1 6-01 -00031 43-1 8-01 -058/s58-1 6-01 -0001

5.89 AC2.20 AC.

TOTAL ACREAGE - 8.09

CURRENT ZONING - PDD \MF.s"P RO PO SED ZON I NG - P DD' IM F.3.ADME N DED'

FLOOD ZONE - LOCATED IN FLOOD ZONE'X' FEMA FIRM MAP# 45O11OCO586H DATED08/23/1999.

NOTE: NEW FLOOD MAPS NoT APPROVED AS oFTHIS DATE (2.2 ACRE slTE) HASA SMALL PORTION LOCATED lN FLoOD ZONE AE-13 PANEL NUMBER: 450110C0611K. REST lS lN FLOOD ZONE X".

REFERENCE MUNICIPALITY . CITY OF NORTH MYRTLE BEACH

OWNER OF RECORD -

COÁSIÁI RESORT HOLD'NGSP,O. BOX 1667NORTH MYRTLE BEACH , SC 25598

DEVELOPER- DRHORTON

JOHN HETERDR HORTON4049 BELL TERRE BLVDMYRTLE BEACH, SC 29579JLHETER@DRHORTON,COM

PROPOSED USE -TOWN HOMESUNIT KUNIT LUNITA

6.85 AC.4 EEDROOM

3 BEDROOM (4 B OPTTON)3 BEDROOM

RIGHT OF WAY EASEMENT 1.25 AC.

REQUIRED SEIE/ACKS -PUD-TOWNHOUSESFRONT 10'stDE 0' (10'oFF slDE pRopERTy LINE)REAR O'

PARKING REQUIRED.TOWNHOUSES (51 UNtTs)40 FOUR BEDROOM - 1OO SPACES11 THREE BEDROOMS . 22 SPACES

TOTAL= l22SPACES

PARKING PROVIDED.TOWNHOUSES (51 UNTTS)EACH UNIT HAS A ONE CAR GARAGE

122 SPACES

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WATER & SEWER WLL BE PROVIDED TO SERVE THE PROPOSED DEVELOPMENT,ALL INTERNAL PROPERryL'NES TO BE RECOMBINED.NO CIEAR/NG SHALL OCCUR IN THE EXISTING WETLANDS AND PROPOSEDSEIEACKS EXCEPT FOR THE AREAS OF WETLANDS SHOWN TO BE FILLED.IHERE ARE NO COYENÁA/TS OR RESTR'CT/ONS THAT PROHIBIT THEDEVELOPMENT OF THE S'78 AS DEPICTED.THE PROPOSED ROAD IS PROPOSED TO BE PRMATE WITH EASEMENT,

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LANDSCAP/NG SHOWN HEREON /S FOR REFERENCE PURPOSES ONLY, THE INTENToF THE TREES SHOWN ARE FOR THREE (s) TREES TO BE qLACED tN BETWEENBUILDINGS PER PDD SPECIFICATIONS,

DYE CLUB TRACTHORRY, CITY NOR¡H MYRTLE BEACH, SC

PROJECT data02-17.2017DATE:

DRAWN BY JJS

PROJECT NO: 16016

ENGINEERINGP.O. BOX 2666

PAWLEYS ISLAND, SC 2S585PHONET 843.237.1001

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LANDSCAPED BERM DETAIL ORAWNBYT JJS

DAlE: 02-17-2017

PROJECT NO: 16016

ENGINEERINGP,O, BOX 2666

PAWLEYS ISLANO, SC 29585PHONE: 843.237.1001

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GATE CONCEPT ORAWN BY:

DATE:

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02-17,20t7

PROJECT NO: 16016

ENGINEERINGP,O, BOX 2666

PAWLEYS ISLAND. SC 29585Pl"lONE: 843.237.1001

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oFTGURE trô: 1

M Kramer

From:Sent:To:Subject:

Tom Staats <[email protected]>

Tuesday, February 21,2017 10:31 AMMary KramerFW: Dye Estates

Mary,

As díscussed, below is the acknowledgement from the Dye Estates attorney.

Best,

Tom

Tom Staats Jr

Pe rtner

Post Office Box t7O7North Myrtle Beach, South Carolina 29598843.390.L999 Office843,222.6019 Mobile843.390.440ttax877.612.1.41.8

From: Bailey, Amanda [mailto:ABailey@ mcnair.net]Sent: Tuesday, February 27,2017 8:26 AMTo: Noury, Chris <[email protected]>Cc: Tom Staats <[email protected]>; Allen Jeffcoat <ajeffcoat@jeffcoatlaw,com>;[email protected]; [email protected]: Dye Estates

Chris,

ln effort to timely communicate with the Cíty of North Myrtle Beach Planning Commission, I am forwarding you thisemail on behalf of the Board of Directors of the Oye Estates Homeowners Association, lnc.

"Per an agreement reached with Coastal Resorts on February 20,2017, The Board of Directors for the Dye Estates

Homeowners Association, lnc. approves Coastal Resorts Development Plans titled: "Sheet L", "Dye Club Tract", "Master

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RENDERIIIC OF COLOR, TEXTURE, AND MATERIALS

7AAgenda Item: Prepared by:

Aaron C. Rucker, AICP

Date:March 16,2017Agenda Section:New Business: Ordinance: l't Reading

Subject: A request to amend the Town Center on MainPlanned Development District IMJPDD-l 7-01]

Division: Planning & Development

City of North Nlyrtle Eleach, South Carolina

REOUEST FOR CITY COUNCIL CONSIDERATION

Date March 20 20r7

\\rrmbplan\I'DFiles\PLANNING\Cit¡, Cou ncil\Meelings and !\/olkshops\20 I 7 - N4eetings\l\4ar20\l\4JPD D- I 7-01 TCOIvI\N4.IPDD- I 7-0ITCOM ìPl.ilocx

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Proposed ChangesThe applicant, David Glymph of D3G Architects, LLC and authorized agentforJohn Marnell, has submitted a

proposal to remove the 3,400 square foot lakefront restaurant and adjust the architecture of the mixed-usebuilidngs. Town Center on Main was initially approved in September 2016.

The primary revision consists of the deletion of the lakefront restaurant and replacing it with additional single-family townhomes and the architecture of the mixed-use buildings along Main Street and the internal plaza. Thischange would also increase the size of mixed-use buildings square footage and alter the traffic pattern for the

residential at the rear ofthe site.

The proposed changes amount to 5 additional residential dwelling units and 4,506 sf of additional commercialspace. The following changes are noted below:

168,752 sf

74,507 sf

Proposed172,503 sf(62% of site area)No change(27%ofsite area)

Impervious Area

Open Space

Mixed-UseBuildings

Residential

Commerciql

Parking

4

Approved , Proposed4

22, 3-bdrm4

22 (881 s/each)19,008

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Townhomes

Parking

Infrastructure and Common AreasNo change.

Residential : BuildingsUnits 3-bdrm 29 3-bdrm

Approved4

52 stalls

Proposed6

5B stalls

City of Noftlr Myrtle Beach, South Cjarolina

\\rrmbptan\PtlFiles\PLANNING\City Council\lv,teetings anc{ Wolkshops\2017 - Meetiirgs\N'lar20\N,1.ìl'DD-17-{}ITCOM\h4JPDD-17-0lTCOlvl Ifrl.docx

Page 2 o1.i

Architecture/Public Space/Signage and LightingFollowing a separate workshop'ùiith the planning commission on March I't, Mr. Glymph listened to suggestions

and agreed to revise the architecture for the four mixed-use buildings that more closely follows the pattern bookand the new look along this section of Main Street. Bahama shutters, additional and separated gabled roofing withbuilding accents, extension of second story metal bars, building-mounted lanterns, board and batten verticalsiding, rearrangement of plantings and widening ground floor windows on the building sides, The townhomesremained unchanged.

Project PhasingThe project would be completed in 7 phases over the course of 7 years, which may be developed in any order,except that phases 4 through 7 could not be built before Phase 3. A general description ofdevelopment intended

within each phase is presented below. This general schedule may be subject to change depending on a variety offactors including, but not limited to, economic and market conditions and the phasing plan should be used as a

guide.

Phase 1: Development in Phase I would include the construction of one townhome consisting of five, 3-bedroomunits and roadways providing connections from Cedar Avenue and Main Street.

Phase 2: Development in Phase 2 would include the construction of one townhome consisting of five, 3-bedroomunits.

Phase 3: Development in Phase 3 would include the construction of all the mixed-use condominiums, plaza,

interior and exterior parking, connection from Main Street into the development, putting green and gazebo and aprivate, internal driveway serving future residential to the rear of the property.

Phase 4: Development in Phase 4 would include the construction of one townhome consisting of four, 3-bedroomunits.

Phase 5: Development in Phase 5 would include the construction of one townhome consisting of five, 3-bedroomunits,

Phase 6: Development in Phase 6 would include the construction of one townhome consisting of four, 3-bedroomunits.

Phase 7: Development in Phase 7 would include the construction of the final townhome consisting of six, 3-

bedroom units and a path and park for people and pets.

Staff Review:Staff also notes the following:

. Public benefits do not change and the intended improvements to storm water drainage remain the same.

. The traffic pattern is only slightly different and remains consistent with the currently approved plan.o Noise and trash concerns have been mitigated with the removal of the restaurant.o Service and delivery vehicles remain prohibited from using Pine Avenue, instead entering and exit the

development via Main Street.o Existing electrical lines within Pine Avenue are still to be relocated underground.. A six-foot high stucco-finish masonry wall is to be installed along adjoining property lines; however, at

the rear property line, the developer will invite comments from abutting property owners as to whetherexisting natural vegetation is agreed to be an adequate and preferable alternative to the wall. Suchagreement will be presented signed by both the developer and abutting property o\ryners, recorded withthe proiect covenants and provided to staff during site plan review.

City of Nor"tlr Nl.vrtle FJçac[r, Soutlr Carolin¿

\\urnbptan\PDFiles\PLANNING\City Council\Meetings irncl Wolkshops\2017 - Meetings\Mar2OWIJPDD- l7-01TCOlv4\\4JPDD- l7-0ITCOM IPl.docx

Page 3 of 3

o Construction of the mixed-use buildings would occur within phase 3 instead of split between phases 3

and 4.

Plannins CommissÍon Action :

The planning commission conducted a public hearing on February 21,2016 and voted unanimously to table theproposal to a March l't workshop. Planning commission voted unanimously to approve the proposal at theirMarch 6tr'meeting following revisions to the architecture and PDD text.

There were no comments made by the public.

Recommended Action:Adopt or deny the major amendment on First Reading of Ordinance.

2Reviewed by Division Head Reviewed by Cify Manager

Council Action:Motion B 7td By o

ORDINANCE

AN ORDINANCE OF THE CITY OF NORTH MYRTLE BEACH PROVIDINGTHAT THE CODE OF ORDINANCES, CITY OF NORTH MYRTLE BEACH,SOUTH CAROLINA, BE AMENDED BY REVISING THE TOWN CENTRE ONMArN pDD (PLANNED DEVELOPMENT DTSTRTCT) TO REMOVE THE 3,400SQUARE FOOT RESTAURANT ALONG THE WATERBODY, INCREASE THERESIDENTIAL DENSITY BY FIVE (5) DWELLING UNITS, INCREASE THENONRESIDENTIAL, LEASEABLE SPACE BY 4,506 SQUARE FEET ANDUPDATE THE ARCHITECTURE FOR THE FOUR (4) MIXED-USE BUILDINGS.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF NORTHMYRTLE BEACH, SOUTH CAROLINA, IN COUNCIL DULY ASSEMBLED,THAT:

Section L:That the Town Centre on Main Planned Development District be amended per the attachedPDD booklet presented by David Glymph of D3G Architects, authorized agent for JMMain Street Dev, LLC, entitled "Town Centre on Main Planned Development District,"dated March3,2017 and included in this ordinance with the following exhibits within:

o PDD text describing the development,. Legal description of the property,o Master site plan,. Phasing plan,o Project data,. Mixed-use building elevations,. Townhome elevations,o Public spaces pattern book,. Signage and lighting pattern book,o Trafhc study,o Storm water calculations.

If a conflict arises between the amendments listed in the ordinance and those listed in thePDD booklet, the PDD booklet shall take precedence. The proposed changes are reflectedin the PDD booklet.

Section 2:That the North Myrtle Beach Planning Commission has provided the required public noticeof this request and has held the necessary public hearings in accordance with applicableState Statutes and City Ordinances.

DONE, RATIFIED AND PASSED, THIS DAY OF 2017.

ATTEST:

City Clerk

Mayor Marilyn Hatley

APPROVED AS TO FORM:

FIRST READING:

SECOND READINGCity Attorney

REVIEV/ED:

City Manager

REOUEST FOR CIïT COUNCIL CONSIDERATION

Date: March 20 20t7

1BAgenda Item Prepared By: Chris Noury, City Attomey

Agenda Section: Business. Resolution. Date: March9,2017

Subject: A Resolution to approve the Mutual AidAgreements for the 20ll Memorial Day Bike WeekEvent

Division: Legal

BACKGROUND:

Attached is a Resolution to approve of the Mutual Aid Agreements for the20ll Memorial Day Bike'Week Event. The City will be assisted this year with law enforcement officers from the followingpolice agencies within the State of South Carolina:

Charleston County Sheriffls OfficeColumbia Police DepartmentDarlington County Sheriff s OfficeGeorgetown Police DepartmentIrmo Police DepartmentLexington Police DepartmentLoris Police DepartmentMount Pleasant Police DepartmentNorth Charleston Police DepartmentRockhill Police DepartmentSpartanburg Police Dep artmentSumter County Sheriff s Office

RECOMMENDED ACTION: Adoption of the Resolution.

Reviewed by Division Head Reviewed by City Manager by City Attorney

Council Action:Motion B 2nd ro /ó7

A RESOLUTION

A RESOLUTION TO APPROVE THE MUTUAL AID AGREEMENTS FOR THE 2016 MEMORIAL DAY BIKE

WEEK EVENT BETWEEN THE CITY OF NORTH MYRTLE BEACH AND THE FOLTOWING LAWENFORCEMENT AGENCIES:

Charleston County Sheriffls OfficeColumbia Police DepartmentDarlington County Sheriffs OfficeGeorgetown Police DepartmentIrmo Police DepartmentLexington Police DepartmentLoris Police DepartmentMount Pleasant Police DepartmentNorth Charleston Police DepartmentRockhill Police DepartmentSpartanburg Police DepartmentSumter County Sheriffs Office

AND TO AUTHORIZE TI-IE CITY MANAGER TO SIGN THE MUTUAL AID AGREEMENTS ONBEHALF OF THE CITY.

NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL FOR THE CITY OF NORTH

MYRTLE BEACH, SOUTH CAROLINA:

Section 1: The Mutual Aid Agreements referenced above are hereby approved

Section 2:The City Manager is authorized to sign the MutualAid Agreements on behalf of theCity.

Section 3: The Resolution shall become effective upon the date of passage

Resolved this the 20th Day of March, 2Ot7.

ATTEST:

Mayor Hatley

City Clerk

State of South Carolina

County of llorry

MUTUAL AID A¡ID LAW ENFORCEMENTSUPPORT AGREEMENT BETWEEN THECITY OF NORTH MYRTLE BEACH ANDTHE CHARLESTON COUNTY SIIERIFF'SOFFICE

)))

Whereas, the Law Enforcernent and Support Act (the Act), beginning at $ 23-20-10 etseq. of the South Carolina Code of Laws, $ 23-20-30 provides " Any county,incorporated municipality, or other political subdivision of this State may enter intomutual aid agreements for the proper and prudent exercise of public safety functions. Allagreements must adhere to the requirements contained in $ 23-20-40"; and

'Whereas, ç 23-20-20(4) of the Act defines a Mutual Aid Agreement as "any agreement

entered into on behalf of a law enforcement agency in this State for the purpose ofproviding the proper and prudent exercise of public safety functions across jurisdictionallines, including, but not limited to, multijurisdictional task forces, criminal investigations,patrol services, crowd control, traffrc control and safety, and other emergency servicesituations. Such agreements must not be permitted for the sole purpose of speedenforcement"; and

Whereas, ç 23-20-20 also def,rnes the following as:

(1) "Law enforcement agency" means any state, county, municipal, or local lawenforcement authority that enters into an agreement for the procurement of lawenforcement support services.

(2) "Law enforcement provider" means any in-state or out-of-state law enforcernentauthority that provides law enforcement services to a law enforcement agency pursuant tothis chapter.

(3) "Law enforcement services" means any law enforcement assistance or serviceperformed by a certified law enforcement officer; and

Whereas, ç 23-20-40 provides

(A)All mutual aid agreements for law enforcement services must be in writing andinclude, but may not be limited to, the following:

(1) a statement of specific services to be provided;(2) specific language dealing with financial agreements between the parties;(3) specification of the records to be maintained concerning the performance of

services to be provided to the agency;(4) language dealing with the duration, modification, and termination of the

agreement;

1

(5) specific language dealing with the legal contingencies for any lawsuits or thepayment of damages that arise from the provided services;

(6) a stipulation as to which law enforcement authority maintains control over thelaw enforcement provider' s personnel;

(7) specific arrangements for the use of equipment and facilities; and(8) specific language dealing with the processing of requests for information

pursuant to the Freedom of Information Act for public safety functionsperformed or arising under these agreements.

(B) Except as provided in subsection (C), a mutual aid agreement entered into onbehalf of a law enforcement authority must be approved by the appropriategoveming bodies of each concerned county, incorporated municipality, or otherpolitical subdivision of this State. Agreements entered into are executed betweengoverning bodies, and, therefore, may last until the agreement is terminated by aparticipatin g party of the agreement.

(C) An elected offrcial whose offlrce was created by the Constitution or by general lawof this State is not required to seek approval from the elected official's governingbody in order to participate in mutual aid agreements.

NOW THEREFORE, PURSUANT TO TIIE CODE OF LAWS OF SOUTHCAROLINA, SECTION 23-20-10 ET SEQ, THE NORTH MYRTLE BEACHDEPARTMENT OF PUBLIC SAFETY (NMBDPS) AND TIIE CHARLESTONCOUNTY SHERIFF'S OFFICE (CCSO), THE PARTIES AGREE AS FOLLOWS:

1. TEMPORARY TRANSF'ER OF'O ERS. SPECIFIC SERVICES TO BEPROVIDED. MODIF'IC ATION AND TERMINATION OF AGREEMENT:

(a) CCSO shall provide Officers on a temporary basis to provide law enforcementservices in the City of North Myrtle Beach, South Carolina during the Memorial DayBiker Event beginning on May 18,2017 through li4ay 29,2017. The Agreement shall beeffective for the period beginning at 12:00 a.m. on May 1 8,2017, and ending at ll:59p.m. on May 29,2017. However, the CCSO Police Department shall not be required tobegin providing assistance until May 25,2017 continuing through }i4ay 29,2017 unlessotherwise requested by the City of North Myrtle Beach to commence providing servicesprior to i|;4ay 25,2077 dunng the above referenced effective period.

(b) The specific law enforcement services that the CCSO shall provide include, butare not limited to, patrol services, crowd control, and traffic control.

(c) This agreement shall terminate, as indicated in paragraph 1(a) on Monday, May29,2017 at I 1:59 pm. This agreement shall not be modified unless both parties

2

consent, in writing, to a modification. The terms of the modification shall be inwriting and shall become apart of the original Agreement.

2. AUTHORITY

(a) The North Myrtle Beach City Council has approved this Agreement and hasauthorized the CCSO to request the temporary transfer of law enforcement officers fromthe CCSO to the extent of available personnel and equipment not required for theadequate protection of the remainder of County of Charleston. The Sheriff orcommanding officer of the CCSO shall determine the amount of personnel andequipment available for law enforcement aid in North Myrtle Beach. The decision of theSheriff or the commanding officer of the CCSO shall be final.

(b) Law enforcement officers from the CCSO acting under this Agreement shall becommanded by superior authority from within the CCSO to maintain the peace orperform duties in the municipality of North Myrtle Beach, South Carolina. While inNorth Myrtle Beach, officers from the CCSO shall be under the direction and authority ofa designated person from the CCSO. The designated person from the CCSO withauthority over the officers from the CCSO shall in turn be under the direction andauthority of Director of Public Safety for the NMBDPS or the Director's designee.Off,rcers from the CCSO transferred to perform law enforcement duties within the City ofNorth Myrtle Beach shall have all powers and authority of a law enforcement ofhceremployed by the City of North Myrtle Beach. The bond for any officer transferred fromthe CCSO shall include coverage for his/her activity in the municipality of North MyrtleBeach in the same manner and to the same extent provided by bonds of officersemployed by the NMBDPS.

3 COMPENSATION

The NMBDPS shall provide a thirty-five dollar ($35) per diem to each officer fromthe CCSO transferred to the municipality of North Myrtle Beach pursuant to thisAgreement. In addition, the NMBDPS shall provide lodging for each ofhcer from theCCSO transferred to the municipality of North Myrtle Beach pursuant to this Agreement.The NMBDPS shall also reimburse the CCSO the rate of salary or the hourly rate ofwages for each ofhcer transferred from the CCSO. Such reimbursement for each ofÍicershall include any overtime and any applicable state and federal taxes and SCPORScontributions. CCSO shall submit an invoice to the NMBDPS within thirty (30) daysfrom May 32,2017 regarding reimbursement for officers transferred pursuant to thisAgreement. Reimbursement shall not include travel expenses.

Other than the compensation to be paid to the CCSO as indicated above, theNMBDPS shall not be obligated to pay additional remuneration to the CCSO however, inin the event any extraordinary cost is incurred by the CCSO in the rendering of lawenforcement services pursuant to this Agreement, the CCSO may submit a request forcompensation to off-set any extraordinary cost. The NMBDPS shall not unreasonably

aJ

withhold payment to the CCSO for any extraordinary costs incurred by the CCSO whilerendering law enforcement services pursuant to this Agreement.

The temporary transfer of offrcers from the CCSO to the NMBDPS pursuant to thisAgreement shall in no manner affect or reduce the compensation, pension, or retirementrights of transferred or assigned officers and such officers shall continue to be paid by theCounty of Charleston where such offìcers are peÍnanently employed.

4. LIABILTY

(a) To the extent permitted by law, and without waiving sovereign immunity, eachagency shall be responsible for any and all claims, demands, suits, actions, damages andcauses of action related to or arising out of or in any way connected with its own actionsand the actions of its personnel in providing law enforcement services under thisagreement.

(b) The NMBDPS and the City of North Myrtle Beach shall not be responsible forreimbursing any amounts paid or due as benefits to employees of the CCSO or theCounty of Charleston under the terms of the South Carolina Workers' Compensation Actdue to personal injury or death occurring while such employees are engaged in renderingaid under this Agreement. The NMBDPS and the County of Charleston shall beresponsible for payment of compensation and benefits only to their respective employees

(c) All individuals retain all compensation, pension, retirement and disability rightswhile performing duties in accordance with this agreement, and all officers shall continueto be paid by the entity where they are permanently employed as of the dates services are

rendered.

(d) This Agreement shall not be construed as, or deemed to be, an agreement for thebenefit of any third party or parties. No third party or parties shall have any right ofaction under this agreement for any cause of action whatsoever.

5. EOUIPMENT AND FACILITIES

The CCSO may utilize equipment from its own agency, if approved of the byDirector of Public Safety for the NMBDPS or his designee, in carrying out lawenforcement services pursuant to this Agreement.

6. RECORDS

In the event that it is necessary for any officer with the CCSO to issue a uniformtraffic ticket, prepare an incident report, traff,rc accident report, andlor prepare anydocument(s) necessary for the issuance of an arrest warrant, the originals of the above

4

stated documents shall remain with and be maintained by the NMBDPS. tn the event it isnecessary for an officer with the CCSO to return to the City of North Myrtle Beach to aidin the prosecution of any traffic citation issued or arrest warrant obtained by, or with theassistance of, any officer from the CCSO while he/she was performing law enforcementservices pursuant to this Agreement, such officer shall reasonably cooperate with theNMBDPS to return to North Myrtle Beach for the purpose of providing testimony if thematter is to be disposed of via bench trial or jury trial. The NMBDPS shall pay for theofficer's mileage at the prevailing IRS mileage rate.

7. PROCESSING REOUESTS FOR INFORMATION PURSUANT TO TIIESOUTH CAROLINA FREEDOM OF INFORMATION ACT

Any requests for information submitted to the City of North Myrtle Beach and/or theNorth Myrtle Beach Department of Public Safety pursuant to the South CarolinaFreedom of Information Act (FOIA) regarding public safety functions performed orarising under these agreements shall be processed by the City of North Myrtle Beach.Any requests for information submitted to the Charleston County Sheriff s Officepursuant to the South Carolina Freedom of Information Act (FOIA) regarding publicsafety functions performed or arising under these agreements shall be processed bythe Charleston County Sheriff s Office.

Michael G" Mahaney, City ManagerCity of North Myrtle Beach

Date:

J. Al Cannon Jr., SheriffCharleston County Sheriffls Office

Date:

5


County of Horry

MUTUAL AID AND LAW ENFORCEMENTSUPPORT AGREEMENT BETWEEN THECITY OF NORTH MYRTLE BEACII ANDTHE COLUMBIA POLICE DEPARTMENT

)))

Whereas, the Law Enforcement and Support Act (the Act), beginningat $ 23-20-10 etseq. of the South Carolina Code of Laws, $ 23-20-30 provides " Any county,incorporated municipality, or other political subdivision of this State may enter intomutual aid agreements for the proper and prudent exercise of public safety functions. Allagreements must adhere to the requirements contained in $ 23-20-40"; and


entered into on behalf of a law enforcement agency in this State for the purpose ofproviding the proper and prudent exercise of public safety functions across jurisdictionallines, including, but not limited to, multijurisdictional task forces, criminal investigations,patrol services, crowd control, traffic control and safety, and other emergency servicesituations. Such agreements must not be permitted for the sole purpose of speedenforcement"; and

Whereas, ç 23-20-20 also dehnes the following as:


(2) "Law enforcement provider" means any in-state or out-of-state law enforcementauthority that provides law enforcement services to a law enforcement agency pursuant tothis chapter.




(1) a statement of specific services to be provided;(2) specific language dealing with financial agreements between the parties;(3) specification of the records to be maintained conceming the performance of

services to be provided to the agency;(4) langtage dealing with the duration, modification, and termination of the

agreement;

1

(5) specific language dealirrg with the legal contingencies for any lawsuits or thepayrnent of damages that arise from the provided services;

(6) a stipulation as to which law enforcement authority maintains control over thelaw enforcement provider' s personnel ;

(7) specific arrangements for the use of equipment and facilities; and(8) specific langtage dealing with the processing of requests for information


(B) Except as provided in subsection (C), a mutual aid agreement entered into onbehalf of a law enforcement authority must be approved by the appropriategoverning bodies of each concemed county, incorporated municipality, or otherpolitical subdivision of this State. Agreements entered into are executed betweengoverning bodies, and, therefore, may last until the agreement is terminated by aparticipatin g party of the agreement.

(C) An elected official whose office was created by the Constitution or by general lawof this State is not required to seek approval from the elected official's governingbody in order to participate in mutual aid agreements.

NOW THEREFORE, PURSUANT TO THE CODE OF LAWS OF SOUTHCAROLINA, SECTION 23-20-10 ET SEQ, THE NORTH MYRTLE BEACHDEPARTMENT OF PUBLIC SAFETY (NMBDPS) AND THE COLUMBIAPOLICE DEPARTMENT (CPD), THE PARTIES AGREE AS FOLLOWS:

1. TEIVIPORARY TRANSFER OF OFFICERS. SPECIFIC SERVICES TO BEPROVIDED. MODIFICATION AND TERMINATION OF AGREEMENT:

(a) CPD shall provide Officers on a temporary basis to provide law enforcementservices in the City of North Myrtle Beach, South Carolina during the MemorialDayBiker Event beginning on May 18,2017 through }l4'ay 29,2017. The Agreement shall beeffective for the period beginning at 12:00 a.m. on May 18,2017 , and ending at 1 1:59p.m. on ll4ay 29, 2017 . However, the CPD shall not be required to begin providingassistance until May 25,2017 continuing through ll4ay 29,2017 unless otherwiserequested by the City of North Myrtle Beach to commence providing services prior toll4ay 25,2017 útirng the above referenced effective period.

(b) The specific law enforcement services that the CPD shall provide include, but arenot limited to, patrol services, crowd control, and traffic control.

(c) This agreement shall terminate, as indicated inparugraph 1(a) on Monday, May29,2017 at 1 I :59 pm. This agreement shall not be modihed unless both parties

2

consent, in writing, to a modification. The terms of the modif,rcation shall be inwriting and shall become apart of the original Agreement.

2. AUTHORITY

(a) The North Myrtle Beach City Council has approved this Agreement and hasauthorized the CPD to request the temporary transfer of law enforcement officers fromthe CPD to the extent of available personnel and equipment not required for the adequateprotection of the remainder of City of Columbia. The Police Chief or commandingofficer of the CPD shall determine the amount of personnel and equipment available forlaw enforcement aid in North Myrtle Beach. The decision of the Police Cliief or thecommanding officer of the CPD shall be final.

(b) The City of Columbia authorizes the Chief of the CPD or his designee to rendertemporary law enforcement aid to the NMBDPS to the extent of available personnel andequipment not required for adequate protection of the remainder of the City of Columbia.

(c) Law enforcement officers from the CPD acting under this Agreement shall becommanded by superior authority from within the CPD to maintain the peace or performduties in the municipality of North Myrtle Beach, South Carolina. While in North MyrtleBeach, officers from the CPD shall be under the direction and authority of a designatedperson from the CPD. The designated person from the CPD with authority over theofficers from the CPD shall in tum be under the direction and authority of Director ofPublic Safety for the NMBDPS or the Director's designee. Officers from the CPDtransferred to perform law enforcement duties within the City of North Myrtle Beachshall have all powers and authority of a law enforcement officer employed by the City ofNorth Myrtle Beach. The bond for any ofhcer transferred from the CPD shall includecoverage for his/her activity in the municipality of North Myrtle Beach in the samemanner and to the same extent provided by bonds of officers employed by the NMBDPS.

3 COMPENSATION

The NMBDPS shall provide a thirty-five dollar ($35) per diem to each off,rcer fromthe CPD transferred to the municipality of North Myrtle Beach pursuant to thisAgreement. In addition, the NMBDPS shall provide lodging for each officer from theCPD transferred to the municipality of North Myrtle Beach pursuant to this Agreement.The NMBDPS shall also reimburse the CPD the rate of salary or the hourly rate of wagesfor each officer transferred from the CPD. Such reimbursement for each officer shallinclude any overtime and any applicable state and federal taxes and SCPORScontributions. CPD shall submit an invoice to the NMBDPS within thirty (30) days fromMay 30, 2017 regarding reimbursement for officers transferred pursuant to thisAgreement. Reimbursement shall not include travel expenses.

Other than the compensation to be paid to the CPD as indicated above, the NMBDPSshall not be obligated to pay additional remuneration to the CPD however, in in the eventany extraordinary cost is incurred by the CPD in the rendering of law enforcement

-t

services pursuant to this Agreement, the CPD may submit a request for compensation tooff-set any extraordinary cost. The NMBDPS shall not unreasonably withhold payment tothe CPD for any extraordinary costs incurred by the CPD while rendering lawenforcement services pursuant to this Agreement.

The temporary transfer of offìcers from the CPD to the NMBDPS pursuant to thisAgreement shall in no manner affect or reduce the compensation, pension, or retirementrights of transferred or assigned officers and such officers shall continue to be paid by theCity of Columbia where such offtcers are permanently employed.

4. LIABILTY


(b) The NMBDPS and the City of North Myrtle Beach shall not be responsible forreimbursing any amounts paid or due as benefits to employees of the CPD or the City ofColumbia under the terms of the South Carolina Workers' Compensation Act due topersonal injury or death occurring while such employees are engaged in rendering aidunder this Agreement. The NMBDPS and the City of Columbia shall be responsible forpayment of compensation and benefits only to their respective ernployees.

(c) All individuals retain all compensation, pension, retirement and disability rightswhile performing duties in accordance with this agreernent, and all officers shall continueto be paid by the entity where they are permanently employed as of the dates services are

rendered.



The CPD may utilize equipment from its own agency, if approved of the by Directorof Public Safety for the NMBDPS or his designee, in carrying out law enforcementservices pursuant to this Agreement.

4

6. RECORDS

In the event that it is necessary for any officer with the CPD to issue a uniform trafficticket, prepare an incident report, traff,rc accident report, and/or prepare any document(s)necessary for the issuance of an arrest warrant, the originals of the above stateddocuments shall remain with and be maintained by the NMBDPS. In the event it isnecessary for an officer with the CPD to return to the City of North Myrtle Beach to aidin the prosecution of any traffic citation issued or arrest warrant obtained by, or with theassistance of, any offrcer from the CPD while he/she was performing law enforcementservices pursuant to this Agteement, such offrcer shall reasonably cooperate with theNMBDPS to retum to North Myrtle Beach for the purpose of providing testimony if thematter is to be disposed of via bench trial or jury trial. The NMBDPS shall pay for theofficer's mileage at the prevailing IRS mileage rate.

7. PROCESSING REOUESTS FOR INFORMATION PURSUANT TO TIIESOUTH CAROLINA FREEDOM OF INFORMATION ACT

Any requests for information submitted to the City of North Myrtle Beach and/or theNorth Myrtle Beach Department of Public Safety pursuant to the South CarolinaFreedom of Information Act (FOIA) regarding public safety functions performed orarising under these agreements shall be processed by the City of North Myrtle Beach.Any requests for information submitted to the Columbia Police Department pursuantto the South Carolina Freedom of Information Act (FOIA) regarding public safetyfunctions performed or arising under these agreements shall be processed by theColumbia Police Department.

Michael G. Mahaney, City ManagerCity of North Myrtle Beach

Date:

W.H. Skip Holbrook, ChiefColumbia Police Dept.

Date:

5


County of Horry

MUTUAL AID AND LA\ry ENFORCEMENTSUPPORT AGREEMENT BET\ryEEN THECITY OF NORTH MYRTLE BEACH ANDTHE DARLINGTON COUNTY SHERIFF'SOFFICE

)))

Whereas, the Law Enforcement and Support Act (the Act), beginning at $ 23-20-10 etseq. of the South Carolina Code of Laws, $ 23-20-30 provides " Any county,incorporated municipality, or other political subdivision of this State may enter intomutual aid agreements for the proper and prudent exercise of public safety functions. Allagreements must adhere to the requirements contained in $ 23-20-40"; and

Whereas, ç 23-20-20(4) of the Act defines a Mutual Aid Agreernent as "any agreemententered into on behalf of a law enforcement agency in this State for the purpose ofproviding the proper and prudent exercise of public safety functions across jurisdictionallines, including, but not limited to, multijurisdictional task forces, criminal investigations,patrol services, crowd control, traffic control and safety, and other emergency servicesituations. Such agreements must not be permitted for the sole purpose of speed

enforcement"; and

Whereas, ç 23-20-20 also defines the following as:

(l) "Law enforcement agency" means any state, county, municipal, or local lawenforcement authority that enters into an agreement for the procurement of lawenforcement support services.

(2) "Law enforcement provider" means any in-state or out-of-state law enforcementauthority that provides law enforcement services to a law enforcemenl agency pursuant tothis chapter.

(3) "Law enforcement services" means any law enforcement assistance or serviceperformed by a certified law enforcement officer; an


(A)All mutual aid agreernents for law enforcement services must be in writing andinclude, but may not be limited to, the following:



agreement;

1



(7) specific arangements for the use of equipment and facilities; and(8) specific language dealing with the processing of requests for information


(B) Except as provided in subsection (C), a mutual aid agreement entered into onbehalf of a law enforcement authority must be approved by the appropriategoverning bodies of each concemed county, incorporated municipality, or otherpolitical subdivision of this State. Agreements entered into are executed betweengoveming bodies, and, therefore, may last until the agreement is terminated by aparticipatin g party of the agreement.

(C) An elected official whose office was created by the Constitution or by general lawof this State is not required to seek approval from the elected ofhcial's governingbody in order to participate in mutual aid agreements.

NOW TIIEREFORE, PURSUANT TO THE CODE OF LA\ryS OF SOUTHCAROLINA, SECTION 23-20-10 ET SEQ, THE NORTH MYRTLE BEACHDEPARTMENT OF PUBLIC SAFETY (NMBDPS) AND THE DARLINGTONCOUNTY SHERIFF'S OFFICE (DCSO), THE PARTIES AGREE AS FOLLOWS:

1. TEMPORARY TRANSFER OF OFFICERS. SPECIFIC SERVICES TO BEPROVIDED, MODIFICATION AND TERMINATION OF AGREEMENT:

(a) DCSO shall provide Officers on a tonporary basis to provide law enforcementservices in the City of North Myrtle Beach, South Carolina during the MemorialDayBiker Event beginning on May 18,2017 through i|i4.ay 29,2017. The Agreement shall beeffective for the period beginning at 12:00 a.m. on May 18,2017, and ending at 11:59p.m. on }l4ay 29,2017 . However, the DCSO shall not be required to begin providingassistance until May 25,2017 continuing through lday 29,2017 unless otherwiserequested by the City of North Myrtle Beach to commence providing services prior to}day 25,2017 during the above referenced effective period.

(b) The specific law enforcement services that the DCSO shall provide include, butare not limited to, patrol services, crowd control, and trafhc control.

(c) This agreement shall terminate, as indicated in paragraph 1(a) on Monday, May29,2017 at 1 I :59 pm. This agreement shall not be modified unless both parties

2


2. AUTHORITY

(a) The North Myrtle Beach City Council has approved this Agreement and hasauthonzed the DCSO to request the temporary transfer of law enforcement officers fromthe DCSO to the extent of available personnel and equipment not required for theadequate protection of the remainder of County of Darlington. The Sheriff orcommanding officer of the DCSO shall determine the amount of personnel andequipment available for law enforcement aid in North Myrtle Beach. The decision of theSheriff or the commanding off,rcer of the DCSO shall be final.

(b) Law enforcement offrcers from the DCSO acting under this Agreernent shall becommanded by superior authority from within the DCSO to maintain the peace orperform duties in the municipality of North Myrtle Beach, South Carolina. While inNorth Myrtle Beach, officers from the DCSO shall be under the direction and authority ofa designated person from the DCSO. The designated person from the DCSO withauthority over the officers from the DCSO shall in turn be under the direction andauthority of Director of Public Safety for the NMBDPS or the Director's designee.Officers from the DCSO transferred to perform law enforcement duties within the City ofNorth Myrtle Beach shall have all powers and authority of a law enforcement officeremployed by the City of North Myrtle Beach. The bond for any officer transferred fromthe DCSO shall include coverage for his/her activity in the municipality of North MyrtleBeach in the same manner and to the same extent provided by bonds of officersemployed by the NMBDPS.

3 COMPENSATION

The NMBDPS shall provide a thirty-five dollar ($35) per diem to each officer fromthe DCSO transferred to the municipality of North Myrtle Beach pursuant to thisAgreement. In addition, the NMBDPS shall provide lodging for each officer from theDCSO transferred to the municipality of North Myrtle Beach pursuant to this Agreement.The NMBDPS shall also reimburse the DCSO the rate of salary or the hourly rate ofwages for each officer transferred from the DCSO. Such reimbursement for each officershall include any overtime and any applicable state and federal taxes and SCPORScontributions. DCSO shall submit an invoice to the NMBDPS within thirty (30) daysfrom May 30,2017 regarding reimbursement for officers transferred pursuant to thisAgreement. Reimbursement shall not include travel expenses.

Other than the compensation to be paid to the DCSO as indicated above, theNMBDPS shall not be obligated to pay additional remuneration to the DCSO however, inin the event any extraordinary cost is incurred by the DCSO in the rendering of lawenforcement services pursuant to this Agreement, the DCSO may submit a request forcompensation to off-set any extraordinary cost. The NMBDPS shall not unreasonably

J

withhold payment to the DCSO for any extraordinary costs incurred by the DCSO whilerendering law enforcement services pursuant to this Agreement.

The temporary transfer of officers from the DCSO to the NMBDPS pursuant to thisAgreement shall in no manner affect or reduce the compensation, pension, or retirementrights of transferred or assigned off,rcers and such officers shall continue to be paid by theCounty of Darlington where such officers are pennanently employed.

4. LIABILTY


(b) The NMBDPS and the City of North Myrtle Beach shall not be responsible forreimbursing aîy amounts paid or due as benefits to employees of the DCSO or theCounty of Darlington under the terms of the South Carolina Workers' Compensation Actdue to personal injury or death occurring while such employees are engaged in renderingaid under this Agreement. The NMBDPS and the County of Darlington shall beresponsible for payment of compensation and benefits only to their respective employees.

(c) All individuals retain all compensation, pension, retirement and disability rightswhile performing duties in accordance with this agreement, and all officers shall continueto be paid by the entity where they are permanently employed as of the dates services arerendered.


5. UIPMENT AND FACIL

The DCSO may utilize equipment from its own agency, if approved of the byDirector of Public Safety for the NMBDPS or his designee, in carrying out lawenforcement services pursuant to this Agreement.

6. RECORDS

In the event that it is necessary for any officer with the DCSO to issue a uniformtraffic ticket, prepare an incident report, traffic accident report, andlor prepare anydocument(s) necessary for the issuance of an arrest warrant, the originals of the abovestated documents shall remain with and be maintained by the NMBDPS. In the event it isnecessary for an officer with the DCSO to retum to the City of North Myrtle Beach to aid

4

in the prosecution of any traffic citation issued or arrest warrant obtained by, or with theassistance of, any offlrcer from the DCSO while he/she was performing law enforcementservices pursuant to this Agreement, such ofhcer shall reasonably cooperate with theNMBDPS to return to North Myrtle Beach for the purpose of providing testimony if thematter is to be disposed of via bench trial or jury trial. The NMBDPS shall pay for theofficer's mileage at the prevailing IRS mileage rate.

7. PROCESSING REOUESTS FOR INFORMATION PURSUANT TO THESOUTH CAROLINA FREEDOM OF INFORMATION ACT

Any requests for information submitted to the City of North Myrtle Beach and/or theNorth Myrtle Beach Department of Public Safety pursuant to the South CarolinaFreedom of Information Act (FOIA) regarding public safety functions performed orarising under these agreements shall be processed by the City of North Myrtle Beach.Any requests for information submitted to the Darlington County Sheriffls Officepursuant to the South Carolina Freedom of Information Act (FOIA) regarding publicsafety functions performed or arising under these agreements shall be processed bythe Darlington County Sheriffls Office.

Michael G. Mahaney,City ManagerCity of North Myrtle Beach

Date:

Tony Chavis, SheriffDarlington County Sheriff s Offìce

Date:

5


County of Horry

MUTUAL AID AND LAW ENFORCEMENTSUPPORT AGREEMENT BETWEEN THECITY OF NORTH MYRTLE BEACH AIIDTHE GEORGETOWN POLICEDEPARTMENT

)))

Whereas, the Law Enforcement and Support Act (the Act), beginning at g 23-20-10 etseq. of the South Carolina Code of Laws, $ 23-20-30 provides " Any county,incorporated municipality, or other political subdivision of this State may enter intomutual aid agreements for the proper and prudent exercise of public safety functions. Allagreements must adhere to the requirements contained in $ 23-20-40"; and

Whereas, ç 23-20-20(4) of the Act defines a Mutual Aid Agreement as "any agreemententered into on behalf of a law enforcement agency in this State for the purpose ofproviding the proper and prudent exercise of public safety functions acÍoss jurisdictionallines, including, but not limited to, multijurisdictional task forces, criminal investigations,patrol services, crowd control, traffic control and safety, and other emergency servicesituations. Such agreements must not be permitted for the sole purpose of speedenforcement"; and









agteement;

1

(5) specific language dealing with the legal contingencies for any lawsuits or thepayrnent of damages that arise from the provided services;




(B) Except as provided in subsection (C), a mutual aid agreement entered into onbehalf of a law enforcement authority must be approved by the appropriategoveming bodies of each concerned county, incorporated municipality, or otherpolitical subdivision of this State. Agreements entered into are executed betweengoverning bodies, and, therefore, may last until the agreement is terminated by aparticipatin g party of the agreement.

(C) An elected official whose offìce was created by the Constitution or by general lawof this State is not required to seek approval from the elected official's governingbody in order to participate in mutual aid agreements.

NOW THEREFORE, PURSUANT TO THE CODE OF LAWS OF SOUTHCAROLINA, SECTTON 23-20-10 ET SEQ, THE NORTH MYRTLE BEACHDEPARTMENT OF PUBLIC SAFETY (NMBDPS) AND THE GEORGETOWNPOLICE DEPARTMENT (GPD), THE PARTIES AGREE AS FOLLOWS:


(a) GPD shall provide Off,rcers on a temporary basis to provide law enforcementservices in the City of North Myrtle Beach, South Carolina during the Memorial DayBiker Event beginning on May 18,2017 through li4ay 29,2017. The Agreement shall beeffective for the period beginning at 12:00 a.m. on May 18,2017, and ending at 11:59p.m. on .l;4ay 29,2017 . However, the GPD shall not be required to begin providingassistance until May 25,2017 continuing through }i4ay 29,2017 unless otherwiserequested by the City of North Myrtle Beach to commence providing services prior toll4ay 25,2017 during the above referenced effective period.

(b) The specific law enforcement services that the GPD shall provide include, but arenot limited to, patrol services, crowd control, and traffic control.

(c) This agreement shall terminate, as indicated in paragraph 1(a) on Monday, May29,2017 at 1.I:59 pm. This agreement shall not be modified unless both parties

2


2. AUTHORITY

(a) The North Myrtle Beach City Council has approved this Agreement and has

authorized the GPD to request the temporary transfer of law enforcement officers fromthe GPD to the extent of available personnel and equipment not required for the adequateprotection of the remainder of City of Georgetown. The Police Chief or commandingofficer of the GPD shall determine the amount of personnel and equipment available forlaw enforcement aid in North Myrtle Beach. The decision of the Police Chief or thecommanding ofhcer of the GPD shall be final.

(b) The City of Georgetown authorizes the Chief of the GPD or his designee to rendertemporary law enforcement aid to the NMBDPS to the extent of available personnel and

equipment not required for adequate protection of the remainder of the City ofGeorgetown.

(c) Law enforcement officers from the GPD acting under this Agreement shall becommanded by superior authority from within the GPD to maintain the peace or performduties in the municipality of North Myrtle Beach, South Carolina. While in North MyrtleBeach, officers from the GPD shall be under the direction and authority of a designatedperson from the GPD. The designated person from the GPD with authority over theofficers from the GPD shall in tum be under the direction and authority of Director ofPublic Safety for the NMBDPS or the Director's designee. Officers from the GPDtransferred to perform law enforcement duties within the City of North Myrtle Beachshall have all powers and authority of a law enforcement ofhcer employed by the City ofNorth Myrtle Beach. The bond for any officer transferred from the GPD shall includecoverage for his/her activity in the municipality of North Myrtle Beach in the samemalìner and to the same extent provided by bonds of officers employed by the NMBDPS.

3 COMPENSATION

The NMBDPS shall provide a thirty-five dollar ($35) per diem to each officer fromthe GPD transferred to the municipality of North Myrtle Beach pursuant to thisAgreement. In addition, the NMBDPS shall provide lodging for each officer from theGPD transferred to the municipality of North Myrtle Beach pursuant to this Agreement.The NMBDPS shall also reimburse the GPD the rate of salary or the hourly rate of wagesfor each officer transferred from the GPD. Such reimbursement for each officer shallinclude any overtime and any applicable state and federal taxes and SCPORScontributions. GPD shall submit an invoice to the NMBDPS within thirty (30) days fromMay 30, 2017 regarding reimbursement for officers transferred pursuant to thisAgteement. Reimbursement shall not include travel expenses.

Other than the compensation to be paid to the GPD as indicated above, the NMBDPSshall not be obligated to pay additional remuneration to the GPD however, in in the event

J

any extraordinary cost is incurred by the GPD in the rendering of law enforcementservices pursuant to this Agreement, the GPD may submit a request for compensation tooff-set any extraordinary cost. The NMBDPS shall not unreasonably withhold payment tothe GPD for any extraordinary costs incurred by the GPD while rendering lawenforcement services pursuant to this Agreement.

The temporary transfer of officers from the GPD to the NMBDPS pursuant to thisAgreernent shall in no manner affect or reduce the compensation, pension, or retirement.ights of transferred or assigned officers and such officers shall continue to be paid by theCity of Georgetown where such officers are perrnanently employed.

4. LIABILTY


(b) The NMBDPS and the City of North Myrtle Beach shall not be responsible forreimbursing any amounts paid or due as benefits to employees of the GPD or the City ofGeorgetown under the terms of the South Carolina'Workers' Compensation Act due topersonal injury or death occurring while such employees are engaged in rendering aidunder this Agreernent. The NMBDPS and the City of Georgetown shall be responsiblefor payment of compensation and benefits only to their respective employees.




The GPD may utilize equipment from its own agency, if approved of the by Directorof Public Safety for the NMBDPS or his designee, in carrying out law enforcementservices pursuant to this Agreement.

6. RECORDS

In the event that it is necessary for any officer with the GPD to issue a uniform trafficticket, prepare an incident report, traffic accident report, andlor prepare any document(s)necessary for the issuance of an arrest warrant, the originals of the above stated

4

documents shall remain with and be maintained by the NMBDPS. In the event it isnecessary for an officer with the GPD to retum to the City of North Myrtle Beach to aidin the prosecution of any traffic citation issued or arrest warrant obtained by, or with theassistance of, any officer from the GPD while helshe was performing law enforcementservices pursuant to this Agreernent, such officer shall reasonably cooperate with theNMBDPS to retum to North Myrtle Beach for the purpose of providing testimony if thematter is to be disposed of via bench trial or jury trial. The NMBDPS shall pay for theofficer's mileage at the prevailing IRS mileage rate.


Any requests for information submitted to the City of North Myrtle Beach andlor theNorth Myrtle Beach Department of Public Safety pursuant to the South CarolinaFreedom of Information Act (FOIA) regarding public safety functions performed orarising under these agreements shall be processed by the City of North Myrtle Beach.Any requests for information submitted to the Georgetown Police Departmentpursuant to the South Carolina Freedom of Information Act (FOIA) regarding publicsafety functions performed or arising under these agreements shall be processed bythe Georgetown Police Department.


Date:

Kelvin Waites, ChiefGeorgetown Police Department

Date:

5


County of Horry

MUTUAL AID AND LA\ry ENFORCEMENTSUPPORT AGREEMENT BET\ilEEN THECITY OF NORTH MYRTLE BEACH ANDTHE IRMO POLICE DEPARTMENT

)))

Whereas, the Law Enforcement and Support Act (the Act), beginning at $ 23-20-10 et

seq. of the South Carolina Code of Laws, $ 23-20-30 provides " Any county,

incorporated municipality, or other political subdivision of this State may enter intomutual aid agreements for the proper and prudent exercise of public safety functions. Allagreements must adhere to the requirements contained in $ 23-20-40"; and

Whereas, ç 23-20-20(4) of the Act defines a Mutual Aid Agreement as "any agreemententered into on behalf of a law enforcement agency in this State for the purpose ofproviding the proper and prudent exercise of public safety functions across jurisdictionallines, including, but not limited to, multijurisdictional task forces, criminal investigations,patrol services, crowd control, traffic control and safety, and other emergency servicesituations. Such agreements must not be permitted for the sole purpose of speedenforcernent"; and



(2) "Law enforcement provider" means any in-state or out-oÊstate law enforcementauthority that provides law enforcement services to a law enforcement agency pursuant tothis chapter.

(3) "Law enforcement services" means any law enforcement assistance or serviceperformed by a certified law enforcement offrcer; and



(1) a statement of specific services to be provided;(2) specific language dealing with financial agreements between the parties;(3) specifrcation of the records to be maintained conceming the performance of


agteement;

I



(7) specifrc affangements for the use of equipment and facilities; and(8) specific language dealing with the processing of requests for information

pursuant to the Freedom of lnformation Act for public safety functionsperformed or arising under these agreements.

(B) Except as provided in subsection (C), a mutual aid agreement entered into onbehalf of a law enforcernent authority must be approved by the appropriategoveming bodies of each concerned county, incorporated municipality, or otherpolitical subdivision of this State. Agreements entered into are executed betweengoveming bodies, and, therefore, may last until the agreement is terminated by aparticipatin g party of the agreement.


NOW THEREFORE, PURSUANT TO THE CODE OF LAWS OF SOUTIICAROLINA, SECTION 23-20-10 ET SEQ, THE NORTH MYRTLE BEACHDEPARTMENT OF PUBLIC SAFETY (NMBDPS) AND TIIE IRMO POLICEDEPARTMENT (IPD), THE PARTIES AGREE AS FOLLOWS:

1. TEMPORARY TRANSFER OF OFFICERS, SPECIFIC SERVICES TO BEPROVIDED. MODIFICATION AND TERMINATION OF AGREEMENT:

(a) IPD shall provide Officers on a temporary basis to provide law enforcementservices in the City of North Mfile Beach, South Carolina during the MemorialDayBiker Event beginning on May 18,2017 through l|l4ay 29,2017. The Agreement shall beeffectivefortheperiodbeginning at12:00 a.m. onMay 18,2017, andending atll:59p.m. on May 30, 2017. However, the IPD shall not be required to begin providingassistance until May 25,2017 continuing through i|l4ay 29,2017 unless otherwiserequested by the City of North Myrtle Beach to commence providing services prior to};4ay 25,2017 dunng the above referenced effective period.

(b) The specific law enforcement services that the IPD shall provide include, but are

not limited to, patrol services, crowd control, and traffic control.

(c) This agreement shall terminate, as indicated in paragraph 1(a) on Monday, May29,2017 at 1 1:59 pm. This agreement shall not be modified unless both parties

2


2. AUTIIORITY

(a) The North Myrtle Beach City Council has approved this Agreement and hasauthorized the IPD to request the temporary transfer of law enforcement off,rcers from theIPD to the extent of available personnel and equipment not required for the adequateprotection of the remainder of Town of Irmo. The Police Chief or commanding officer ofthe IPD shall determine the amount of personnel and equipment available for lawenforcement aid in North Myrtle Beach. The decision of the Police Chief or thecommanding officer of the IPD shall be final.

(b) The Town of Irmo authorizes the Chief of the IPD or his designee to rendertemporary law enforcement aid to the NMBDPS to the extent of available personnel andequipment not required for adequate protection of the remainder of the City of Irmo.

(c) Law enforcement off,rcers from the IPD acting under this Agreement shall becommanded by superior authority from within the IPD to maintain the peace or performduties in the municipality of North Myrtle Beach, South Carolina. While in North MyrtleBeach, officers from the IPD shall be under the direction and authority of a designatedperson from the IPD. The designated person from the IPD with authority over the officersfrom the IPD shall in tum be under the direction and authority of Director of PublicSafety for the NMBDPS or the Director's designee. Officers from the IPD transferred toperform law enforcement duties within the City of North Myrtle Beach shall have allpowers and authority of a law enforcement officer employed by the City of North MyrtleBeach. The bond for any officer transferred from the IPD shall include coverage forhis/her activity in the municipality of North Myrtle Beach in the same marìner and to thesame extent provided by bonds of officers employed by the NMBDPS.

3 COMPENSATION

The NMBDPS shall provide a thirty-five dollar (S35) per diem to each offtcer fromthe IPD transferred to the municipality of North Myrtle Beach pursuant to thisAgreement. In addition, the NMBDPS shall provide lodging for each officer from theIPD transferred to the municipality of North Myrtle Beach pursuant to this Agreement.The NMBDPS shall also reimburse the IPD the rate of salary or the hourly rate of wagesfor each officer transferred from the IPD. Such reimbursement for each officer shallinclude any overtime and any applicable state and federal taxes and SCPORScontributions. IPD shall submit an invoice to the NMBDPS within thirty (30) days fromMay 30, 2017 regarding reimbursement for officers transferred pursuant to thisAgreement. Reimbursement shall not include travel expenses.

Other than the compensation to be paid to the IPD as indicated above, the NMBDPSshall not be obligated to pay additional remuneration to the IPD however, in in the eventany extraordinary cost is incurred by the IPD in the rendering of law enforcernent

J

services pursuant to this Agreement, the IPD may submit a request for compensation tooff-set any extraordinary cost. The NMBDPS shall not unreasonably withhold payment tothe IPD for any extraordinary costs incurred by the IPD while rendering law enforcementservices pursuant to this Agreement.

The temporary transfer of officers from the IPD to the NMBDPS pursuant to thisAgreement shall in no manner affect or reduce the compensation, pension, or retirementrights of transferred or assigned officers and such officers shall continue to be paid by theTown of Irmo where such officers are permanently employed.

4. LIABILTY

(a) To the extent permitted by law, and without waiving sovereign immunity, eachagency shall be responsible for any and all claims, demands, suits, actions, damages andcauses of action related to or arising out of or in any way connected with its own actionsand the actions of its personnel in providing law enforcement services under thisagteement.

(b) The NMBDPS and the City of North Myrtle Beach shall not be responsible forreimbursing arry amounts paid or due as benefits to employees of the IPD or the Town ofIrmo under the terms of the South Carolina Workers' Compensation Act due to personalinjury or death occurring while such employees are engaged in rendering aid under thisAgreement. The NMBDPS and the Town of Irmo shall be responsible for payment ofcompensation and benefits only to their respective employees.




The IPD may utilize equipment from its own agency, if approved of the by Directorof Public Safety for the NMBDPS or his designee, in carrying out law enforcernentservices pursuant to this Agreement.

6. RECORDS

In the event that it is necessary for any officer with the IPD to issue a uniform trafficticket, prepare an incident report, traffic accident report, andlor prepare any document(s)necessary for the issuance of an arrest warrant, the originals of the above stateddocuments shall remain with and be maintained by the NMBDPS. In the event it is

4

necessary for an offrcer with the IPD to return to the City of North Myrtle Beach to aid inthe prosecution of any traffic citation issued or arrest warrant obtained by, or with theassistance of, any officer from the IPD while he/she was performing law enforcementservices pursuant to this Agreement, such officer shall reasonably cooperate with theNMBDPS to retum to North Myrtle Beach for the purpose of providing testimony if thematter is to be disposed of via bench trial or jury trial. The NMBDPS shall pay for theofficer's mileage at the prevailing IRS mileage rate.

7. PROCESSING REOUESTS FOR INFORMATION PURSUAI{T TO THESOUTH CAROLINA FREEDOM OF INFORMATION ACT

Any requests for information submitted to the City of North Myrtle Beach and/or theNorth Myrtle Beach Department of Public Safety pursuant to the South CarolinaFreedom of Information Act (FOIA) regarding public safety functions performed orarising under these agreements shall be processed by the City of North Myrtle Beach.Any requests for information submitted to the Irmo Police Department pursuant to theSouth Carolina Freedom of Information Act (FOIA) regarding public safety functionsperformed or arising under these agreements shall be processed by the Irmo PoliceDepartment.


Date

Joe Nates, ChiefIrmo Police Department

Date:

5


County of Horry

MUTUAL AID A¡ID LAW ENFORCEMENTSUPPORT AGREEMENT BETWEEN THECITY OF NORTH MYRTLE BEACH ANDTIIE LEXINGTON POLICE DEPARTMENT

)))

'Whereas, the Law Enforcement and Support Act (the Act), beginning at $ 23-20-10 et

seq. of the South Carolina Code of Laws, $ 23-20-30 provides " Any county,

incorporated municipality, or other political subdivision of this State may enter intomutual aid agreements for the proper and prudent exercise of public safety functions. Allagreements must adhere to the requiranents contained in $ 23-20-40"; and


entered into on behalf of a law enforcement agency in this State for the purpose ofproviding the proper and prudent exercise of public safety functions across jurisdictionallines, including, but not limited to, multijurisdictional task forces, criminal investigations,patrol services, crowd control, traffrc control and safety, and other emergency servicesituations. Such agreements must not be permitted for the sole purpose of speedenforcement"; and


(1) "Law enforcernent agency" means any state, county, municipal, or local lawenforcement authority that enters into an agreement for the procurement of lawenforcement support services.


(3) "Law enforcement services" means any law enforcement assistance or serviceperformed by a certified law enforcement off,rcer; an

'Whereas, ç 23-20-40 provides


(1) a statement of specific services to be provided;(2) specif,rc language dealing with financial agreements between the parties;(3) specification of the records to be maintained concerning the performance of


agreement;

1

(5) specif,tc language dealing with the legal contingencies for any lawsuits or thepayment of damages that arise from the provided services;


(7) specihc arrangements for the use of equipment and facilities; and(8) specific language dealing with the processing of requests for information


(B) Except as provided in subsection (C), a mutual aid agreement entered into onbehalf of a law enforcement authority must be approved by the appropriategoverning bodies of each concerned county, incorporated municipality, or otherpolitical subdivision of this State. Agreements entered into are executed betweengoverning bodies, and, therefore, may last until the agreement is terminated by aparticipatin g p arty of the agreement.

(C) An elected official whose offrce was created by the Constitution or by general lawof this State is not required to seek approval from the elected official's governingbody in order to participate in mutual aid agreements.

NOW THEREFORE, PURSUANT TO THE CODE OF LAWS OF SOUTHCAROLINA, SECTION 23-20-10 ET SEQ, THE NORTH MYRTLE BEACHDEPARTMENT OF PUBLIC SAFETY (NMBDPS) AND THE LEXINGTONPOLICE DEPARTMENT (LPD), TIIE PARTIES AGREE AS FOLLOWS:

1. TEMPORARY TRANSF'ER OF' O CERS. SPECIFIC SERVICES TO BEPROVIDED, MODIFICATION AND TERMINATION OF AGREEMENT:

(a) LPD shall provide Officers on a temporary basis to provide law enforcementservices in the City of North Myrtle Beach, South Carolina during the Memorial DayBiker Event beginning on May 18,2017 through i|;4.ay 29,2017. The Agreement shall beeffective for the period beginning at 72:00 a.m. on May 18, 2077 , and ending at I 1 :59p.m. on 'll4ay 29,2017. However, the LPD shall not be required to begin providingassistance until May 25,2017 continuing through ll4.ay 29,2017 unless otherwiserequested by the City of North Myrtle Beach to commence providing services prior toll4ay 25,2017 dunng the above referenced effective period.

(b) The specific law enforcement services that the LPD shall provide include, but arenot limited to, patrol services, crowd control, and traffic control.

(c) This agreement shall terminate, as indicated in paragraph 1(a) on Monday, May29,2017 at 11:59 pm. This agreement shall not be modified unless both parties

2


2. AUTHORITY

(a) The North Myrtle Beach City Council has approved this Agreement and hasauthorized the LPD to request the temporary transfer of law enforcement officers fromthe LPD to the extent of available personnel and equipment not required for the adequateprotection of the remainder of Town of Lexington. The Police Chief or commandingofficer of the LPD shall determine the amount of personnel and equipment available forlaw enforcement aid in North Myrtle Beach. The decision of the Police Chief or thecommanding officer of the LPD shall be final.

(b) The Town of Lexington authorizes the Police Chief of the LPD or his designee torender temporary law enforcement aid to the NMBDPS to the extent of availablepersonnel and equipment not required for adequate protection of the remainder of theTown of Lexington.

(c) Law enforcement officers from the LPD acting under this Agreement shall becommanded by superior authority from within the LPD to maintain the peace or performduties in the municipality of North Myrtle Beach, South Carolina. While in North MyrtleBeach, officers from the LPD shall be under the direction and authority of a designatedperson from the LPD. The designated person from the LPD with authority over theofficers from the LPD shall in turn be under the direction and authority of Director ofPublic Safety for the NMBDPS or the Director's designee. Officers from the LPDtransferred to perform law enforcement duties within the City of North Myrtle Beachshall have all powers and authority of a law enforcement officer employed by the City ofNorth Myrtle Beach. The bond for any officer transferred from the LPD shall includecoverage for his/her activity in the municipality of North Myrtle Beach in the samemarìner and to the same extent provided by bonds of offrcers employed by the NMBDPS.

3 COMPENSATION

The NMBDPS shall provide a thirty-five dollar ($35) per diem to each officer fromthe LPD transferred to the municipality of North Myrtle Beach pursuant to thisAgreement. In addition, the NMBDPS shall provide lodging for each officer from theLPD transferred to the municipality of North Myrtle Beach pursuant to this Agreement.The NMBDPS shall also reimburse the LPD the rate of salary or the hourly rate of wagesfor each officer transferred from the LPD. Such reimbursement for each officer shallinclude any overtime and any applicable state and federal taxes and SCPORScontributions. LPD shall submit an invoice to the NMBDPS within thirty (30) days fromMay 30, 2017 regarding reimbursement for officers transferred pursuant to thisAgreement. Reimbursement shall not include travel expenses.

Other than the compensation to be paid to the LPD as indicated above, the NMBDPSshall not be obligated to pay additional remuneration to the LPD however, in in the event

J

any extraordinary cost is incurred by the LPD in the rendering of law enforcementservices pursuant to this Agreement, the LPD may submit a request for compensation tooff-set any extraordinary cost. The NMBDPS shall not unreasonably withhold payment tothe LPD for any extraordinary costs incurred by the LPD while rendering lawenforcement services pursuant to this Agreement.

The temporary transfer of officers from the LPD to the NMBDPS pursuant to thisAgreement shall in no manner affect or reduce the compensation, pension, or retirementrights of transferred or assigned officers and such officers shall continue to be paid by theTown of Lexington where such ofhcers are permanently employed.

4. LIABILTY


(b) The NMBDPS and the City of North Myrtle Beach shall not be responsible forreimbursing any amounts paid or due as benefits to ønployees of the LPD or the Town ofLexington under the terms of the South Carolina Workers' Compensation Act due topersonal injury or death occurring while such employees are engaged in rendering aidunder this Agreement. The NMBDPS and the Town of Lexington shall be responsible forpayment of compensation and benefits only to their respective employees.




The LPD may utilize equipment from its own agency, if approved of the by Directorof Public Safety for the NMBDPS or his designee, in carrying out law enforcementservices pursuant to this Agreement.

6. RECORDS

In the event that it is necessary for any officer with the LPD to issue a uniform trafficticket, prepare an incident report, traffic accident report, and/or prepare any document(s)

4

necessary for the issuance of an arrest warrant, the originals of the above stateddocuments shall remain with and be maintained by the NMBDPS. In the event it isnecessary for an offrcer with the LPD to retum to the City of North Myrtle Beach to aidin the prosecution of any traffic citation issued or arrest warrant obtained by, or with theassistance of, any offrcer from the LPD while he/she was performing law enforcementservices pursuant to this Agreement, such ofÍicer shall reasonably cooperate with theNMBDPS to return to North Myrtle Beach for the purpose of providing testimony if thematter is to be disposed of via bench trial or jury trial. The NMBDPS shall pay for theoffrcer's mileage at the prevailing IRS mileage rate.


Any requests for information submitted to the City of North Myrtle Beach and/or theNorth Myrtle Beach Department of Public Safety pursuant to the South CarolinaFreedom of Information Act (FOIA) regarding public safety functions performed orarising under these agreements shall be processed by the City of North Myrtle Beach.Any requests for information submitted to the Lexington Police Department pursuantto the South Carolina Freedom of Information Act (FOIA) regarding public safetyfunctions performed or arising under these agreements shall be processed by theLexington Police Department.


Date:

Terrence Green, ChiefLexington Police Department

Date:

5


County of Horry

MUTUAL AID AND LAW ENFORCEMENTSUPPORT AGREEMENT BETWEEN TIIECITY OF NORTII MYRTLE BEACH ANDTHE LORIS POLICE DEPARTMENT

)))


Whereas, 5 23-20-20(4) of the Act defines a Mutual Aid Agreement as "any agreemententered into on behalf of a law enforcement agency in this State for the purpose ofproviding the proper and prudent exercise of public safety functions across jurisdictionallines, including, but not limited to, multijurisdictional task forces, criminal investigations,patrol services, crowd control, traffic control and safety, and other emergency servicesituations. Such agteements must not be permitted for the sole purpose of speedenforcement"; and







(1) a statement of specific services to be provided;(2) specific language dealing with financial agreernents between the parties;(3) specification of the records to be maintained conceming the performance of

services to be provided to the agency;(4) langage dealing with the duration, modihcation, and termination of the

agreement;

I






(C) An elected official whose office was created by the Constitution or by general lawofthis State is not required to seek approval from the elected official's governingbody in order to participate in mutual aid agreements.

NOW THEREFORE, PURSUANT TO THE CODE OF LAWS OF SOUTHCAROLINA, SECTION 23-20-10 ET SEQ, THE NORTH MYRTLE BEACHDEPARTMENT OF PUBLIC SAFETY (NMBDPS) AND THE LORIS POLICEDEPARTMENT (LPD), TTIE PARTIES AGREE AS FOLLOWS:

1. TEMPORARY TRANSFER OF OFFICERS. SPECIFIC SERVICES TO BEPROVIDED. MODIFICATION AND TERMINATION OF AGREEMENT:

(a) LPD shall provide Officers on a temporary basis to provide law enforcementservices in the City of North Myrtle Beach, South Carolina during the MemorialDayBiker Event beginning on May 18,2017 through .l;4ay 29,2017. The Agreement shall beeffective for the period beginning at 12:00 a.m. on May 18, 2077 , and ending at 7l:59p.m. on l|day 29,2017 . However, the LPD shall not be required to begin providingassistance until May 25,2017 continuing through }/.ay 29,2017 unless otherwiserequested by the City of North Myrtle Beach to commence providing services prior tolday 25,2017 dunng the above referenced effective period.

(b) The specific law enforcement services that the LPD shall provide include, but are


(c) This agreement shall terminate, as indicated in paragraph 1(a) on Monday, May29,201,7 at 11:59 pm. This agreement shall not be modified unless both parties

2


2. AUTHORITY

(a) The North Myrtle Beach City Council has approved this Agreement and hasauthorized the LPD to request the temporary transfer of law enforcement officers fromthe LPD to the extent of available personnel and equipment not required for the adequateprotection of the remainder of City of Loris. The Police Chief or commanding offrcer ofthe LPD shall determine the amount of personnel and equipment available for lawenforcement aid in North Myrtle Beach. The decision of the Police Chief or thecommanding officer of the LPD shall be final.

(b) The City of Loris authorizes the Chief of the LPD or his designee to rendertemporary law enforcement aid to the NMBDPS to the extent of available personnel andequipment not required for adequate protection of the remainder of the City of Loris.

(c) Law enforcement officers from the LPD acting under this Agreement shall becommanded by superior authority from within the LPD to maintain the peace or performduties in the municipality of North Myrtle Beach, South Carolina. While in North MyrtleBeach, offrcers from the LPD shall be under the direction and authority of a designatedperson from the LPD. The designated person from the LPD with authority over theofficers from the LPD shall in tum be under the direction and authority of Director ofPublic Safety for the NMBDPS or the Director's designee. Officers from the LPDtransferred to perform law enforcernent duties within the City of North Myrtle Beachshall have all powers and authority of a law enforcement officer employed by the City ofNorth Myrtle Beach. The bond for any officer transferred from the LPD shall includecoverage for his/her activity in the municipality of North Myrtle Beach in the samemanner and to the same extent provided by bonds of officers employed by the NMBDPS.

3 COMPENSATION

The NMBDPS shall provide a thirty-five dollar ($35) per diem to each officer fromthe LPD transferred to the municipality of North Myrtle Beach pursuant to thisAgreement. In addition, the NMBDPS shall provide lodging for each officer from theLPD transferred to the municipality of North Myrtle Beach pursuant to this Agreement.The NMBDPS shall also reimburse the LPD the rate of salary or the hourly rate of wagesfor each offìcer transferred from the LPD. Such reimbursement for each officer shallinclude any overtime and any applicable state and federal taxes and SCPORScontributions. LPD shall submit an invoice to the NMBDPS within thirty (30) days fromMay 30, 2017 regarding reimbursement for officers transferred pursuant to thisAgreement. Reimbursement shall not include travel expenses.

Other than the compensation to be paid to the LPD as indicated above, the NMBDPSshall not be obligated to pay additional remuneration to the LPD however, in in the eventany extraordinary cost is incurred by the LPD in the rendering of law enforcement

J

services pursuant to this Agreement, the LPD may submit a request for compensation tooff-set any extraordinary cost. The NMBDPS shall not unreasonably withhold payment tothe LPD for any extraordinary costs incurred by the LPD while rendering lawenforcement services pursuant to this Agreement.

The temporary transfer of officers from the LPD to the NMBDPS pursuant to thisAgreement shall in no manner affect or reduce the compensation, pension, or retirementrights of transferred or assigned officers and such officers shall continue to be paid by theCity of Loris where such officers are permanently employed.

4. LIABILTY


(b) The NMBDPS and the City of North Myrtle Beach shall not be responsible forreimbursing any amounts paid or due as benefits to employees of the LPD or the City ofLoris under the terms of the South Carolina'Workers' Compensation Act due to personalinjury or death occurring while such employees are engaged in rendering aid under thisAgreement. The NMBDPS and the City of Loris shall be responsible for payment ofcompensation and benefits only to their respective employees.

(c) All individuals retain all compensation, pension, retirernent and disability rightswhile performing duties in accordance with this agreement, and all officers shall continueto be paid by the entity where they are permanently employed as of the dates services are

rendered.

(d) This Agreement shall not be construed as, or deemed to be, an agreement for thebenefit of any third party or parties. No third party or parties shall have any right ofaction under this agreement for any causo of action whatsoever.


The LPD may utilize equipment from its own agency, if approved of the by Directorof Public Safety for the NMBDPS or his designee, in carrying out law enforcernentservices pursuant to this Agreement.

6. RECORDS

In the event that it is necessary for any officer with the LPD to issue a uniform trafficticket, prepare an incident report, traffic accident report, andlor prepare any document(s)necessary for the issuance of an arrest warrant, the originals of the above stateddocuments shall remain with and be maintained by the NMBDPS. In the event it is

4

necessary for an officer with the LPD to return to the City of North Myrtle Beach to aidin the prosecution of any traffic citation issued or arrest warrant obtained by, or with theassistance of any officer from the LPD while he/she was performing law enforcementservices pursuant to this Agreement, such officer shall reasonably cooperate with theNMBDPS to return to North Myrtle Beach for the purpose of providing testimony if thematter is to be disposed of via bench trial or jury trial. The NMBDPS shall pay for theofficer's mileage at the prevailing IRS mileage rate.


Any requests for information submitted to the City of North Myrtle Beach and/or theNorth Myrtle Beach Department of Public Safety pursuant to the South CarolinaFreedom of Information Act (FOIA) regarding public safety functions performed orarising under these agreements shall be processed by the City of North Myrtle Beach.Any requests for information submitted to the Loris Police Department pursuant tothe South Carolina Freedom of Information Act (FOIA) regarding public safetyfunctions performed or arising under these agreements shall be processed by the LorisPolice Department.


Date

Karen Shepard, ChiefLoris Police Department

Date:

5


City of Horry

MUTUAL AID AND LA\ry ENFORCEMENTSUPPORT AGREEMENT BETWEEN THECITY OF NORTH MYRTLE BEACH ANDTHE MOUNT PLEASANT POLICEDEPARTMENT

)))

'Whereas, the Law Enforcement and Support Act (the Act), beginning at $ 23-20-10 etseq. of the South Carolina Code of Laws, $ 23-20-30 provides " Any City, incorporatedmunicipality, or other political subdivision of this State may enter into mutual aidagreements for the proper and prudent exercise of public safety functions. Al1 agreernentsmust adhere to the requirements contained in $ 23-20-40"; and

W'hereas, ç 23-20-20(4) of the Act defines a Mutual Aid Agreement as "any agreemententered into on behalf of a law enforcement agency in this State for the purpose ofproviding the proper and prudent exercise of public safety functions across jurisdictionallines, including, but not limited to, multijurisdictional task forces, criminal investigations,patrol services, crowd control, traffic control and safety, and other emergency servicesituations. Such agreements must not be permitted for the sole purpose of speedenforcement"; and

Whereas, ç 23-20-20 also defines the following as

(1) "Law enforcement agency" means any state, City, municipal, or local lawenforcement authority that enters into an agreement for the procurement of lawenforcement support services.



'Whereas, ç 23-20-40 provides




agreement;

1





(B) Except as provided in subsection (C), a mutual aid agreement entered into onbehalf of a law enforcement authority must be approved by the appropriategoveming bodies of each concemed City, incorporated municipality, or otherpolitical subdivision of this State. Agreements entered into are executed betweengoverning bodies, and, therefore, may last until the agreement is terminated by aparticipatin g party of the agreement.


NOW THEREFORE, PURSUANT TO THE CODE OF LAWS OF SOUTTICAROLINA, SECTTON 23-20-10 ET SEQ, THE NORTH MYRTLE BEACHDEPARTMENT OF PUBLIC SAFETY (NMBDPS) AND THE MOUNTPLEASANT POLICE DEPARTMENT (MPPD), THE PARTIES AGREE ASFOLLOWS:


(a) MPPD shall provide Offrcers on a temporary basis to provide law enforcementservices in the City of North Myrtle Beach, South Carolina during the MemorialDayBiker Event beginning on May 18,2077 through l|i4ay 29,2017. The Agreement shall beeffective for the period beginning at 12:00 a.m. on May 18, 2017, and ending at ll:59p.m. on I[i4ay 29,2017. However, the MPPD shall not be required to begin providingassistance until May 25,2017 continuing through .ll4ay 29,2017 unless otherwiserequested by the City of North Myrtle Beach to commence providing services prior tol;4ay 25,2017 dunng the above referenced effective period.

(b) The specific law enforcement services that the MPPD shall provide include, butare not limited to, patrol services, crowd control, and traffrc control.

(c) This agreement shall terminate, as indicated inparagraph 1(a) on Monday, May29,2017 at lI:59 pm. This agreement shall not be modified unless both parties

2


2. AUTHORITY

(a) The North Myrtle Beach City Council has approved this Agreement and has

authorized the MPPD to request the temporary transfer of law enforcement officers fromthe MPPD to the extent of available personnel and equipment not required for theadequate protection of the remainder of Town of Mount Pleasant. The Police Chief orcommanding officer of the MPPD shall determine the amount of personnel andequipment available for law enforcement aid in North Myrtle Beach. The decision of thePolice Chief or the commanding officer of the MPPD shall be final.

(b) The Town of Mount Pleasant authorizes the Chief of the MPPD or his designee torender temporary law enforcement aid to the NMBDPS to the extent of availablepersonnel and equipment not required for adequate protection of the remainder of theTown of Mount Pleasant.

(c) Law enforcement officers from the MPPD acting under this Agreement shall becommanded by superior authority from within the MPPD to maintain the peace orperform duties in the municipality of North Myrtle Beach, South Carolina. While inNorth Myrtle Beach, officers from the MPPD shall be under the direction and authorityof a designated person from the MPPD. The designated person from the MPPD withauthority over the officers from the MPPD shall in turn be under the direction andauthority of Director of Public Safety for the NMBDPS or the Director's designee-Officers from the MPPD transferred to perform law enforcement duties within the City ofNorth Myrtle Beach shall have all powers and authority of a law enforcement offrceremployed by the City of North Myrtle Beach. The bond for any officer transferred fromthe MPPD shall include coverage for his/her activity in the municipality of North MyrtleBeach in the same manner and to the same extent provided by bonds of officersemployed by the NMBDPS.

3 COMPENSATION

The NMBDPS shall provide a thirty-five dollar ($35) per diem to each officer fromthe MPPD transferred to the municipality of North Myrtle Beach pursuant to thisAgreement. In addition, the NMBDPS shall provide lodging for each officer from theMPPD transferred to the municipality of North Myrtle Beach pursuant to this Agreement.The NMBDPS shall also reimburse the MPPD the rate of salary or the hourly rate ofwages for each officer transferred from the MPPD. Such reimbursement for each officershall include any overtime and any applicable state and federal taxes and SCPORScontributions. MPPD shall submit an invoice to the NMBDPS within thirty (30) daysfrom May 30,2017 regarding reimbursement for officers transferred pursuant to thisAgteement. Reimbursement shall not include travel expenses.

J

Other than the compensation to be paid to the MPPD as indicated above, theNMBDPS shall not be obligated to pay additional remuneration to the MPPD however, inin the event any extraordinary cost is incurred by the MPPD in the rendering of lawenforcement services pursuant to this Agreement, the MPPD may submit a request forcompensation to off-set any extraordinary cost. The NMBDPS shall not unreasonablywithhold paynrent to the MPPD for any extraordinary costs incurred by the MPPD whilerendering law enforcement services pursuant to this Agreement.

The temporary transfer of officers from the MPPD to the NMBDPS pursuant to thisAgreernent shall in no manner affect or reduce the compensation, pension, or retirernentrights of transferred or assigned officers and such officers shall continue to be paid by theTown of Mount Pleasant where such officers are permanently employed.

4. LIABILTY


(b) The NMBDPS and the City of North Myrtle Beach shall not be responsible forreimbursing any amounts paid or due as benefits to employees of the MPPD or the Townof Mount Pleasant under the terms of the South Carolina Workers' Compensation Actdue to personal injury or death occurring while such employees are engaged in renderingaid under this Agreement. The NMBDPS and the Town of Mount Pleasant shall beresponsible for payment of compensation and benefits only to their respective employees.


rendered.


5. EOUIPMENT AND FACILITIESThe MPPD may utilize equipment from its own agency, if approved of the by

Director of Public Safety for the NMBDPS or his designee, in carrying out lawenforcement services pursuant to this Agreernent.

4

6. RECORDS

In the event that it is necessary for any officer with the MPPD to issue a uniformtraffic ticket, prepare an incident report, traffic accident report, and/or prepare anydocument(s) necessary for the issuance of an arrest warrant, the originals of the abovestated documents shall remain with and be maintained by the NMBDPS. In the event it isnecessary for an officer with the MPPD to retum to the City of North Myrtle Beach to aidin the prosecution of any traffrc citation issued or arrest warrant obtained by, or with theassistance of, any offrcer from the MPPD while he/she was performing law enforcementservices pursuant to this Agreement, such officer shall reasonably cooperate with theNMBDPS to retum to North Myrtle Beach for the purpose of providing testimony if thematter is to be disposed of via bench trial or jury trial. The NMBDPS shall pay for theofficer's mileage at the prevailing IRS mileage rate.

7. PROCESSING REOUESTS FOR RMATION PTIRSIIANT TO THESOUTH CAROLINA FREEDOM OF INFORNIATION ACT

Any requests for information submitted to the City of North Myrtle Beach and/or theNorth Myrtle Beach Department of Public Safety pursuant to the South CarolinaFreedom of Information Act (FOIA) regarding public safety functions performed orarising under these agreements shall be processed by the City of North Myrtle Beach.Any requests for information submitted to the Mount Pleasant Police Departmentpursuant to the South Carolina Freedom of Information Act (FOIA) regarding publicsafety functions performed or arising under these agreements shall be processed bythe Mount Pleasant Police Department


Date

Carl Ritchie, ChiefMount Pleasant Police Department

Date:

5


County of Horry

MUTUAL AID AND LAW ENFORCEMENTSUPPORT AGREEMENT BETWEEN THECITY OF NORTH MYRTLE BEACII ANDTHE NORTH CHARLESTON POLICEDEPARTMENT

)))

Whereas, the Law Enforcement and Support Act (the Act), beginning at $ 23-20-10 etseq. of the South Carolina Code of Laws, $ 23-20-30 provides " Any county,incorporated municipality, or other political subdivision of this State may enter intomutual aid agreements for the proper and prudent exercise of public safety functions. Allagreements must adhere to the requiranents contained in $ 23-20-40"; and

Whereas, ç 23-20-20(4) of the Act defines a Mutual Aid Agreement as "any agreemententered into on behalf of a law enforcement agency in this State for the purpose ofproviding the proper and prudent exercise of public safety functions across jurisdictionallines, including, but not limited to, multijurisdictional task forces, criminal investigations,patrol services, crowd control, traffic control and safety, and other emergency servicesituations. Such agreements must not be permitted for the sole purpose of speedenforcement"; and




(3) "Law enforcement services" means any law enforcement assistance or serviceperformed by a cerlified law enforcement officer; an

'Whereas, S 23-20-40 provides


(1) a statement of specific services to be provided;(2) specific language dealing with financial agreements between the parties;(3) specif,rcation of the records to be maintained conceming the performance of


agreement;

1





(B) Except as provided in subsection (C), a mutual aid agreement entered into onbehalf of a law enforcement authority must be approved by the appropriategoverning bodies of each concerned county, incorporated municipality, or otherpolitical subdivision of this State. Agreements entered into are executed betweengoverning bodies, and, therefore, may last until the agreement is terminated by aparticipatin g party of the agreement.


NOW THEREFORE, PURSUANT TO THE CODE OF LAWS OF SOUTHCAROLINA, SECTION 23-20-10 ET SEQ, THE NORTH MYRTLE BEACHDEPARTMENT OF PUBLIC SAFETY (NMBDPS) AND THE NORTHCHARLESTON POLICE DEPARTMENT (NCPD), THE PARTIES AGREE ASFOLLOWS:


(a) NCPD shall provide Officers on a temporary basis to provide law enforcementservices in the City of North Myrtle Beach, South Carolina during the MemorialDayBiker Event beginning on May 1 8, 20 1 7 through May 29 , 2017 . The Agreement shall beeffective for the period beginning at 12:00 a.m. on May 1 8,2017 , and ending at 1 1 :59p.m. on i|l4ay 29,2017. However, the NCPD shall not be required to begin providingassistance until May 25,2017 continuing through l|;4.ay 29,2017 unless otherwiserequested by the City of North Myrtle Beach to commence providing services prior to}i4ay 25,2017 dunng the above referenced effective period.

(b) The specific law enforcement services that the NCPD shall provide include, butare not limited to, patrol services, crowd control, and traffic control.

(c) This agreement shall terminate, as indicated in paragraph 1(a) on Monday, May29,2017 at 7I:59 pm. This agreement shall not be modified unless both parties

2


2. AUTHORITY

(a) The North Myrtle Beach City Council has approved this Agreernent and has

authorized the NCPD to request the temporary transfer of law enforcement officers fromthe NCPD to the extent of available personnel and equipment not required for theadequate protection of the remainder of City of North Charleston. The Police Chief orcommanding officer of the NCPD shall determine the amount of personnel andequipment available for law enforcement aid in North Myrtle Beach. The decision of thePolice Chief or the commanding officer of the NCPD shall be final.

(b) The City of North Charleston authorizes the Chief of the NCPD or his designee torender temporary law enforcement aid to the NMBDPS to the extent of availablepersonnel and equipment not required for adequate protection of the remainder of theCity of North Charleston.

(c) Law enforcement officers from the NCPD acting under this Agreement shall becommanded by superior authority from within the NCPD to maintain the peace orperform duties in the municipality of North Myrtle Beach, South Carolina. While inNorth Myrtle Beach, officers from the NCPD shall be under the direction and authority ofa designated person from the NCPD. The designated person from the NCPD withauthority over the officers from the NCPD shall in turn be under the direction andauthority of Director of Public Safety for the NMBDPS or the Director's designee.Officers from the NCPD transferred to perform law enforcement duties within the City ofNorth Myrtle Beach shall have all powers and authority of a law enforcement officeremployed by the City of North Myrtle Beach. The bond for any officer transferred fromthe NCPD shall include coverage for his/her activity in the municipality of North MyrtleBeach in the same manner and to the same extent provided by bonds of officersemployed by the NMBDPS.

3 COMPENSATION

The NMBDPS shall provide a thirty-five dollar ($35) per diem to each officer fromthe NCPD transferred to the municipality of North Myrtle Beach pursuant to thisAgreement. In addition, the NMBDPS shall provide lodging for each offtcer from theNCPD transferred to the municipality of North Myrtle Beach pursuant to this Agreanent.The NMBDPS shall also reimburse the NCPD the rate of salary or the hourly rate ofwages for each officer transferred from the NCPD. Such reimbursernent for each officershall include any overtime and any applicable state and federal taxes and SCPORScontributions. NCPD shall submit an invoice to the NMBDPS within thirty (30) daysfrom May 30,2017 regarding reimbursement for officers transferred pursuant to thisAgreement. Reimbursement shall not include travel expenses.

J

Other than the compensation to be paid to the NCPD as indicated above, theNMBDPS shall not be obligated to pay additional remuneration to the NCPD however, inin the event any extraordinary cost is incurred by the NCPD in the rendering of lawenforcement services pursuant to this Agreement, the NCPD may submit a request forcompensation to off-set any extraordinary cost. The NMBDPS shall not unreasonablywithhold payment to the NCPD for any extraordinary costs incurred by the NCPD whilerendering law enforcement services pursuant to this Agreement.

The temporary transfer of officers from the NCPD to the NMBDPS pursuant to thisAgreernent shall in no manner affect or reduce the compensation, pension, or retirernentrights of transferred or assigned officers and such officers shall continue to be paid by theCity of North Charleston where such offrcers are perrnanently employed.

4. LIABILTY

(a) To the extent permitted by law, and without waiving sovereign immunity, eachagency shall be responsible for any and all claims, demands, suits, actions, damages andcauses of action related to or arising out of or in any way connected with its own actionsand the actions of its personnel in providing law enforcement services under thisagteement.

(b) The NMBDPS and the City of North Myrtle Beach shall not be responsible forreimbursing any amounts paid or due as benefits to employees of the NCPD or the Cityof North Charleston under the terms of the South Carolina Workers' Compensation Actdue to personal injury or death occurring while such employees are engaged in renderingaid under this Agreement. The NMBDPS and the City of North Charleston shall beresponsible for payment of compensation and benefits only to their respective employees.



5. EOUIPMENT AND FACILITIESThe NCPD may utilize equipment from its own agency, if approved of the by

Director of Public Safety for the NMBDPS or his designee, in carrying out lawenforcement services pursuant to this Agreement.

4

6. RECORDS

In the event that it is necessary for any officer with the NCPD to issue a uniformtraffic ticket, prepare an incident report, traffic accident report, and/or prepare anydocument(s) necessary for the issuance of an arrest warrant, the originals of the abovestated documents shall remain with and be maintained by the NMBDPS. In the event it isnecessary for an officer with the NCPD to return to the City of North Myrtle Beach to aidin the prosecution of any traffrc citation issued or arrest warrant obtained by, or with theassistance of, any officer from the NCPD while he/she was performing law enforcementservices pursuant to this Agreement, such offrcer shall reasonably cooperate with theNMBDPS to return to North Myrtle Beach for the purpose of providing testimony if thematter is to be disposed of via bench trial or jury trial. The NMBDPS shall pay for theofficer's mileage at the prevailing IRS mileage rate.

7. PROCESSING REOUESTS FOR INFORNIATION PURSUANT TO THESOUTH CAROLINA FREEDOM OF INFORMATION ACT

Any requests for information submitted to the City of North Myrtle Beach andlor theNorth Myrtle Beach Department of Public Safety pursuant to the South CarolinaFreedom of Information Act (FOIA) regarding public safety functions performed orarising under these agreements shall be processed by the City of North Myrtle Beach.Any requests for information submitted to the North Charleston Police Departmentpursuant to the South Carolina Freedom of Information Act (FOIA) regarding publicsafety functions performed or arising under these agreements shall be processed bythe North Charleston Police Department


Date

Eddie Driggers, ChiefNorth Charleston Police Department

Date:

5


County of Horry

MUTUAL AID AND LAW ENFORCEMENTSUPPORT AGREEMENT BETWEEN THECITY OF NORTH MYRTLE BEACH ANDTHE ROCK HILL POLICE DEPARTMENT

)))









(1) a staternent of specihc services to be provided;(2) specific language dealing with financial agreements between the parties;(3) specification of the records to be maintained concerning the performance of


agreement;

1



(7) specific affangements for the use of equipment and facilities; and(8) specific language dealing with the processing of requests for information


(B) Except as provided in subsection (C), a mutual aid agreement entered into onbehalf of a law enforcement authority must be approved by the appropriategoveming bodies of each concemed county, incorporated municipality, or otherpolitical subdivision of this State. Agreements entered into are executed betweengoverning bodies, and, therefore, may last until the agreement is terminated by aparticipatin g p arty of the agreement.

(C) An elected official whose ofFrce was created by the Constitution or by general lawof this State is not required to seek approval from the elected official's governingbody in order to participate in mutual aid agreements.

NOW THEREFORE, PURSUANT TO THE CODE OF LAWS OF SOUTHCAROLINA, SECTION 23-20-10 ET SEQ, THE NORTH MYRTLE BEACHDEPARTMENT OF PUBLIC SAFETY (NMBDPS) AND THE RHPD (RHPD),THE PARTIES AGREE AS FOLLOWS:

1. TEMPORARY TRANSFER OF OFFICERS. SPECIFIC SERVICES TO BEPROVIDED. MODIFICATION AND TERMINATION OF AGREEMENT:

(a) RHPD shall provide Officers on a temporary basis to provide law enforcementservices in the City of North Myrtle Beach, South Carolina during the Memorial DayBiker Event beginning on May 18,2017 through l|i4ay 29,2017. The Agreement shall beeffective for the period beginning at 12:00 a.m. on May I 8,2077, and ending at 1 1:59p.m. on ll4ay 29,2017. However, the RHPD shall not be required to begin providingassistance until May 25,2017 continuing through May 29,2017 unless otherwiserequested by the City of North Myrtle Beach to commence providing services prior tol;4ay 25,2017 dunng the above referenced effective period.

(b) The specific law enforcement services that the RHPD shall provide include, butare not limited to, patrol services, crowd control, and traffic control.

(c) This agreement shall terminate, as indicated in paragraph 1(a) on Monday, May29,2017 at 11:59 pm. This agreement shall not be modified unless both parties

2


2. AUTHORITY

(a) The North Myrtle Beach City Council has approved this Agreement and hasauthorized the RHPD to request the ternporary transfer of law enforcsment ofhcers fromthe RHPD to the extent of available personnel and equipment not required for theadequate protection of the remainder of City of Rock Hill. The Police Chief orcommanding officer of the RHPD shall determine the amount of personnel andequipment available for law enforcement aid in North Myrtle Beach. The decision of thePolice Chief or the commanding officer of the RHPD shall be final.

(b) The City of Rock Hill authorizes the Police Chief of the RHPD or his designee torender temporary law enforcement aid to the NMBDPS to the extent of availablepersonnel and equipment not required for adequate protection of the remainder of theCity of Rock Hill.

(c) Law enforcement officers from the RHPD acting under this Agreement shall becommanded by superior authority from within the RHPD to maintain the peace orperform duties in the municipality of North Myrtle Beach, South Carolina. While inNorth Myrtle Beach, officers from the RHPD shall be under the direction and authority ofa designated person from the RHPD. The designated person from the RHPD withauthority over the officers from the RHPD shall in turn be under the direction andauthority of Director of Public Safety for the NMBDPS or the Director's designee.Officers from the RHPD transferred to perform law enforcement duties within the City ofNorth Myrtle Beach shall have all powers and authority of a law enforcement officeremployed by the City of North Myrtle Beach. The bond for any officer transferred fromthe RHPD shall include coverage for his/her activity in the municipality of North MyrtleBeach in the same manner and to the same extent provided by bonds of offrcersemployed by the NMBDPS.

3 COMPENSATION

The NMBDPS shall provide a thirty-five dollar ($35) per diem to each officer fromthe RHPD transferred to the municipality of North Myrtle Beach pursuant to thisAgreement. In addition, the NMBDPS shall provide lodging for each offrcer from theRHPD transferred to the municipality of North Myrtle Beach pursuant to this Agreement.The NMBDPS shall also reimburse the RHPD the rate of salary or the hourly rate ofwages for each officer transferred from the RHPD. Such reimbursement for each officershall include any overtime and any applicable state and federal taxes and SCPORScontributions. RHPD shall submit an invoice to the NMBDPS within thirty (30) daysfrom May 30,2017 regarding reimbursement for ofhcers transferred pursuant to thisAgreement. Reimbursement shall not include travel expenses.

J

Other than the compensation to be paid to the RHPD as indicated above, theNMBDPS shall not be obligated to pay additional remuneration to the RHPD however, inin the event any extraordinary cost is incurred by the RHPD in the rendering of lawenforcement services pursuant to this Agreement, the RHPD may submit a request forcompensation to off-set any extraordinary cost. The NMBDPS shall not unreasonablywithhold payment to the RHPD for any extraordinary costs incurred by the RHPD whilerendering law enforcement services pursuant to this Agreement.

The temporary transfer of officers from the RHPD to the NMBDPS pursuant to thisAgreement shall in no manner affect or reduce the compensation, pension, or retirementrights of transferred or assigned officers and such officers shall continue to be paid by theCity of Rock Hill where such officers are permanently employed.

4. LIABILTY


(b) The NMBDPS and the City of North Myrtle Beach shall not be responsible forreimbursing aîy amounts paid or due as benefits to employees of the RHPD or the Cityof Rock Hill under the terms of the South Carolina Workers' Compensation Act due topersonal injury or death occurring while such employees are engaged in rendering aidunder this Agreement. The NMBDPS and the City of Rock Hill shall be responsible forpayment of compensation and benefits only to their respective employees.


rendered.

(d) This Agreement shall not be construed as, or deemed to be, an agreement for thebenef,rt of any third party or parties. No third party or parties shall have any right ofaction under this agreement for any cause of action whatsoever.


The RHPD may utilize equipment from its own agency, if approved of the byDirector of Public Safety for the NMBDPS or his designee, in carrying out lawenforcement services pursuant to this Agreement.

4

6. RECORDS

In the event that it is necessary for any officer with the RHPD to issue a uniformtraffic ticket, prepare an incident report, traffic accident report, and/or prepare anydocument(s) necessary for the issuance of an arrest warrant, the originals of the abovestated documents shall remain with and be maintained by the NMBDPS. tn the event it isnecessary for an officer with the RHPD to return to the City of North Myrtle Beach to aidin the prosecution of any traffic citation issued or arrest warrant obtained by, or with theassistance of any officer from the RHPD while he/she was performing law enforcementservices pursuant to this Agreement, such officer shall reasonably cooperate with theNMBDPS to return to North Myrtle Beach for the purpose of providing testimony if thematter is to be disposed of via bench trial or jury trial. The NMBDPS shall pay for theofficer's mileage at the prevailing IRS mileage rate.


Any requests for information submitted to the City of North Myrtle Beach and/or theNorth Myrtle Beach Department of Public Safety pursuant to the South CarolinaFreedom of Information Act (FOIA) regarding public safety functions performed orarising under these agreements shall be processed by the City of North Myrtle Beach.Any requests for information submitted to the Rock Hill Police Qepartment pursuantto the South Carolina Freedom of Information Act (FOIA) regarding public safetyfunctions performed or arising under these agreements shall be processed by the RockHill Police Department


Date:

Chris Watts, ChiefRock Hill Police Dept.

Date:

5


Counfy of Horry

MUTUAL AID A¡ID LA\ry ENFORCEMENTSUPPORT AGREEMENT BETWEEN THECITY OF NORTH MYRTLE BEACH ANDTHE SPARTAìIBURG POLICEDEPARTMENT

)))



Whereas, ç 23-20-20 also defines the following as


(2) "Law enforcement provider" means any in-state or out-oÊstate law enforcernentauthority that provides law enforcement services to a law enforcement agency pursuant tothis chapter.




(1) a statement of specific services to be provided;(2) specific language dealing with financial agreements between the parties;(3) specifrcation of the records to be maintained concerning the performance of


agreement;

I

(5) specific language dealing with the legal contingencies for any lawsuits or thepa5rment of damages that arise from the provided services;






NOW THEREFORE, PURSUANT TO THE CODE OF LAWS OF SOUTTTCAROLINA, SECTTON 23-20-10 ET SEQ, THE NORTH MYRTLE BEACHDEPARTMENT OF PUBLIC SAFETY (NMBDPS) AND THE SPD (SPD), THEPARTIES AGREE AS FOLLOWS:

1. TEMPORARY TRANSFER OF OFFICERS, SPECIFIC SERVICES TO BEPROVIDED. MODIFICATION AND TERMINATION OF AGREEMENT:

(a) SPD shall provide Officers on a temporary basis to provide law enforcementservices in the City of North Myrtle Beach, South Carolina during the Memorial DayBiker Event beginning on May 18,2017 through li/.ay 29, 2017 . The Agreement shall beeffective for the period beginning aI" 12:00 a.m. on May 1 8 , 2017 , and ending at 1 1 :5 9

p.m. on }i4ay 29,2017. However, the SPD shall not be required to begin providingassistance until May 25,2017 continuing through l|l4ay 29,2017 unless otherwiserequested by the City of North Myrtle Beach to commence providing services prior tol|i4ay 25,2017 during the above referenced effective period.

(b) The specific law enforcement services that the SPD shall provide include, but are


(c) This agreement shall terminate, as indicated in paragraph 1(a) on Monday, May29,2017 at 1 1:59 pm. This agreement shall not be modified unless both parties

2


2. AUTHORITY

(a) The North Myrtle Beach City Council has approved this Agreement and hasauthorized the SPD to request the temporary transfer of law enforcement officers fromthe SPD to the extent of available personnel and equipment not required for the adequateprotection of the remainder of City of Spartanburg. The Police Chief or commandingofficer of the SPD shall determine the amount of personnel and equipment available forlaw enforcement aid in North Myrtle Beach. The decision of the Police Chief or thecommanding officer of the SPD shall be final.

(b) The City of Spartanburg authorizes the Police Chief of the SPD or his designee torender temporary law enforcement aid to the NMBDPS to the extent of availablepersonnel and equipment not required for adequate protection of the remainder of theCity of Spartanburg.

(c) Law enforcement officers from the SPD acting under this Agreement shall becommanded by superior authority from within the SPD to maintain the peace or performduties in the municipality of North Myrtle Beach, South Carolina. While in North MyrtleBeach, offtcers from the SPD shall be under the direction and authority of a designatedperson from the SPD. The designated person from the SPD with authority over theofficers from the SPD shall in tum be under the direction and authority of Director ofPublic Safety for the NMBDPS or the Director's designee. Officers from the SPDtransferred to perform law enforcement duties within the City of North Myrtle Beachshall have all powers and authority of a law enforcement officer employed by the City ofNorth Myrtle Beach. The bond for any officer transferred from the SPD shall includecoverage for his/her activity in the municipality of North Myrtle Beach in the samemanner and to the same extent provided by bonds of officers employed by the NMBDPS.

3 COMPENSATION

The NMBDPS shall provide a thirty-five dollar ($35) per diem to each officer fromthe SPD transferred to the municipality of North Myrtle Beach pursuant to thisAgreement. In addition, the NMBDPS shall provide lodging for each officer from theSPD transferred to the municipality of North Myrtle Beach pursuant to this Agreement.The NMBDPS shall also reimburse the SPD the rate of salary or the hourly rate of wagesfor each officer transferred from the SPD. Such reimbursement for each officer shallinclude any overtime and any applicable state and federal taxes and SCPORScontributions. SPD shall submit an invoice to the NMBDPS within thirty (30) days fromMay 30, 2017 regarding reimbursement for officers transferred pursuant to thisAgreement. Reimbursement shall not include travel expenses.

Other than the compensation to be paid to the SPD as indicated above, the NMBDPSshall not be obligated to pay additional remuneration to the SPD however, in in the event

aJ

any extraordinary cost is incurred by the SPD in the rendering of law enforcementservices pursuant to this Agreernent, the SPD may submit a request for compensation toofÊset any extraordinary cost. The NMBDPS shall not unreasonably withhold payment tothe SPD for any extraordinary costs incurred by the SPD while rendering lawenforcement services pursuant to this Agreement.

The temporary transfer of officers from the SPD to the NMBDPS pursuant to thisAgreement shall in no manner affect or reduce the compensation, pension, or retirementrights of transferred or assigned officers and such officers shall continue to be paid by theCity of Spartanburg where such officers are permanently employed.

4. LIABILTY


(b) The NMBDPS and the City of North Myrtle Beach shall not be responsible forreimbursing any amounts paid or due as benefits to employees of the SPD or the City ofSpartanburg under the terms of the South Carolina Workers' Compensation Act due topersonal injury or death occurring while such employees are engaged in rendering aidunder this Agreement. The NMBDPS and the City of Spartanburg shall be responsible forpayment of compensation and benefits only to their respective employees.

(c) All individuals retain all compensation, pension, retirement and disability rightswhile performing duties in accordance with this agreement, and all ofÍicers shall continueto be paid by the entity where they are permanently employed as of the dates services arerendered.

(d) This Agreement shall not be construed as, or deemed to be, an agreement for thebenefìt of any third party or parties. No third party or parties shall have any right ofaction under this agreement for any cause of action whatsoever.


The SPD may utllize equipment from its own agency, if approved of the by Directorof Public Safety for the NMBDPS or his designee, in carrying out law enforcementservices pursuant to this Agreement.

4

6. RECORDS

In the event that it is necessary for any officer with the SPD to issue a uniform trafficticket, prepare an incident report, traffic accident report, artdlor prepare any document(s)necessary for the issuance of an arrest warrant, the originals of the above stateddocuments shall remain with and be maintained by the NMBDPS. In the event it isnecessary for an offrcer with the SPD to return to the City of North Myrtle Beach to aidin the prosecution of any traffic citation issued or arrest warrant obtained by, or with theassistance of any officer from the SPD while he/she was performing law enforcementservices pursuant to this Agreement, such officer shall reasonably cooperate with theNMBDPS to return to North Myrtle Beach for the purpose of providing testimony if thematter is to be disposed of via bench trial or jury trial. The NMBDPS shall pay for theofficer's mileage at the prevailing IRS mileage rate.

7. PROCESSING REOUESTS FOR ATION PI]RSUANT TO THESOUTI{ CAROLINA FREEDOM OF INFORMATION ACT

Any requests for information submitted to the City of North Myrtle Beach andlor the

North Myrtle Beach Department of Public Safety pursuant to the South CarolinaFreedom of Information Act (FOIA) regarding public safety functions performed orarising under these agreements shall be processed by the City of North Myrtle Beach.

Any requests for information submitted to the Spartanburg Police Departmentpursuant to the South Carolina Freedom of Information Act (FOIA) regarding publicsafety functions performed or arising under these agreements shall be processed bythe Spartanburg Police Department


Date:

Alonzo Thompson, ChiefSpartanburg Police Dept.

Date:

5


County of Horry

)))

MUTUAL AID AND LAW ENFORCEMENTSUPPORT AGREEMENT BETWEEN THECITY OF NORTH MYRTLE BEACH ANDTHE SUMTER COUNTY SHERTFF'S OFFICE

Whereas, the Law Enforcement and Support Act (the Act), beginning at $ 23-20-10 etseq. of the South Carolina Code of Laws, $ 23-20-30 provides " Any county,incorporated municipality, or other political subdivision of this State may enter intomutual aid agreements for the proper and prudent exercise of public safety functions. Allagteements must adhere to the requirements contained in $ 23-20-40"; and

'Whereas, S 23-20-20(4) of the Act defines a Mutual Aid Agreernent as "any agreement

entered into on behalf of a law enforcernent agency in this State for the purpose ofproviding the proper and prudent exercise of public safety functions across jurisdictionallines, including, but not limited to, multijurisdictional task forces, criminal investigations,patrol services, crowd control, trafflrc control and safety, and other emergency servicesituations. Such agreements must not be permitted for the sole purpose of speedenforcement"; and

\ühereas, ç 23-20-20 also defines the following as:






(1) a statement of specific services to be provided;(2) specific language dealing with financial agreernents between the parties;(3) specification of the records to be maintained concerning the performance of


agreement;

I


(6) a stipulation as to which law enforcement authority maintains control over thelaw enforcement provider's personnel;

(7) specifrc affangements for the use of equipment and facilities; and

(8) specific language dealing with the processing of requests for informationpursuant to the Freedom of lnformation Act for public safety functionsperformed or arising under these agreements.

(B) Except as provided in subsection (C), a mutual aid agreement entered into onbehalf of a law enforcement authority must be approved by the appropriategoverning bodies of each concerned county, incorporated municipality, or otherpolitical subdivision of this State. Agreements entered into are executed betweengoveming bodies, and, therefore,may last until the agreement is terminated by aparticipatin g party of the agreement.

(C) An elected offrcial whose office was created by the Constitution or by general lawof this State is not required to seek approval from the elected official's governingbody in order to participate in mutual aid agreements.

NO\il THEREFORE, PURSUANT TO THE CODE OF LAWS OF SOUTHCAROLINA, SECTION 23-20-10 ET SEQ, THE NORTH MYRTLE BEACHDEPARTMENT OF PUBLIC SAFETY (NMBDPS) AND THE SUMTERCOUNTY SHERIFF'S OFFICE (SCSO), THE PARTIES AGREE AS FOLLOWS:


(a) SCSO shall provide Offrcers on a temporary basis to provide law enforcementservices in the City of North Myrtle Beach, South Carolina during the Memorial DayBiker Event beginning on May 18,2017 through l|day 29, 2017 . The Agreement shall beeffective for the period beginning at 12:00 a.m. on May 18,2077, and ending at I 1:59p.m. on lll4ay 29,2017. However, the SCSO Police Department shall not be required tobegin providing assistance until May 25,2017 continuing through }l4ay 29,2017 unlessotherwise requested by the City of North Mytle Beach to commence providing servicesprior to }day 25,2017 dunng the above referenced effective period.

(b) The specific law enforcement services that the SCSO shall provide include, butare not limited to, patrol services, crowd control, and traffic control.

(c) This agreement shall terminate, as indicated in paragraph 1(a) on Monday, May29,2017 at 1l:59 pm. This agreement shall not be modified unless both parties

2


2" AUTHORITY

(a) The North Myrtle Beach City Council has approved this Agreement and hasauthorized the SCSO to request the temporary transfer of law enforcement offrcers fromthe SCSO to the extent of available personnel and equipment not required for theadequate protection of the remainder of County of Sumter. The Sheriff or commandingofficer of the SCSO shall determine the amount of personnel and equipment available forlaw enforcement aid in North Myrtle Beach. The decision of the Sheriff or thecommanding officer of the SCSO shall be final.

(b) Law enforcement officers from the SCSO acting under this Agreement shall becommanded by superior authority from within the SCSO to maintain the peace orperform duties in the municipality of North Myrtle Beach, South Carolina. While inNorth Myrtle Beach, offrcers from the SCSO shall be under the direction and authority ofa designated person from the SCSO. The designated person from the SCSO withauthority over the officers from the SCSO shall in turn be under the direction andauthority of Director of Public Safety for the NMBDPS or the Director's designee.Officers from the SCSO transferred to perform law enforcement duties within the City ofNorth Myrtle Beach shall have all powers and authority of a law enforcement officeremployed by the City of North Myrtle Beach. The bond for any offrcer transferred fromthe SCSO shall include coverage for his/her activity in the municipality of North MyrtleBeach in the same manner and to the same extent provided by bonds of officersemployed by the NMBDPS.

3 COMPENSATION

The NMBDPS shall provide a thirty-five dollar ($35) per diem to each officer fromthe SCSO transferred to the municipality of North Myrtle Beach pursuant to thisAgreement. In addition, the NMBDPS shall provide lodging for each officer from theSCSO transferred to the municipality of North Myrtle Beach pursuant to this Agreement.The NMBDPS shall also reimburse the SCSO the rate of salary or the hourly rate ofwages for each officer transferred from the SCSO. Such reimbursement for each off,rcershall include any overtime and any applicable state and federal taxes and SCPORScontributions. SCSO shall submit an invoice to the NMBDPS within thirty (30) daysfrom May 30,2017 regarding reimbursement for officers transferred pursuant to thisAgreement. Reimbursement shall not include travel expenses.

Other than the compensation to be paid to the SCSO as indicated above, theNMBDPS shall not be obligated to pay additional remuneration to the SCSO however, inin the event any extraordinary cost is incurred by the SCSO in the rendering of lawenforcernent services pursuant to this Agreement, the SCSO may submit a request forcompensation to off-set any extraordinary cost. The NMBDPS shall not unreasonably

aJ

withhold paSrment to the SCSO for any extraordinary costs incurred by the SCSO whilerendering law enforcement services pursuant to this Agreement.

The temporary transfer of officers from the SCSO to the NMBDPS pursuant to thisAgreement shall in no manner affect or reduce the compensation, pension, or retirementrights of transferred or assigned officers and such officers shall continue to be paid by theCounty of Sumter where such officers are permanently employed.

4. LIABILTY


(b) The NMBDPS and the City of North Myrtle Beach shall not be responsible forreimbursing any amounts paid or due as benefits to employees of the SCSO or theCounty of Sumter under the terms of the South Carolina'Workers' Compensation Act dueto personal injury or death occurring while such employees are engaged in rendering aidunder this Agreement. The NMBDPS and the County of Sumter shall be responsible forpa¡rment of compensation and benefits only to their respective employees.


rendered.



The SCSO may utilize equipment from its own agency, if approved of the by Directorof Public Safety for the NMBDPS or his designee, in carrying out law enforcementservices pursuant to this Agreement.

6. RECORDS

In the event that it is necessary for any officer with the SCSO to issue a uniformtraffic ticket, prepare an incident report, traffic accident report, andlor prepare anydocument(s) necessary for the issuance of an arrest warrant, the originals of the above

4

stated documents shall remain with and be maintained by the NMBDPS. In the event it isnecessary for an officer with the SCSO to return to the City of North Myrtle Beach to aidin the prosecution of any traffic citation issued or arrest warrant obtained by, or with theassistance of any officer from the SCSO while he/she was performing law enforcementservices pursuant to this Agteement, such offrcer shall reasonably cooperate with theNMBDPS to retum to North Myrtle Beach for the purpose of providing testimony if thematter is to be disposed of via bench trial or jury trial. The NMBDPS shall pay for theoffrcer's mileage at the prevailing IRS mileage rate.

7. PROCESSING REOUESTS FOR INFORMATION PURSUANT TO THESOUTH CAROLINA FREEDOM OF INFORNIATION ACT

Any requests for information submitted to the City of North Myrtle Beach andlor theNorth Myrtle Beach Department of Public Safety pursuant to the South CarolinaFreedom of Information Act (FOIA) regarding public safety functions performed orarising under these agreements shall be processed by the City of North Myrtle Beach.Any requests for information submitted to the Sumter County Sheriff s Officepursuant to the South Carolina Freedom of Information Act (FOIA) regarding publicsafety functions performed or arising under these agreements shall be processed bythe Sumter County Sheriffls Office.


Date:

Anthony Dennis, SheriffSumter County SherifPs Office

Date:

5

REOUEST FOR CITYSOUNCIL CONSIDERATION

Date: il;4arch2 2017

1cAgenda Item Prepared By: Chris Noury, City Attorney

Agenda Section: Business. Ordinance. FirstReading.

Date: March 14,2017

Subject: An ordinance to authorize the addition of afourth parasail boat regarding the parasail andbanana boat franchise granted to Randle Duke inconjunction with a $15,000 increase of the franchisefee from $45,000 ayeal to $60,000 per year.

Division: Legal

BACKGROUND:

Council previously authorized Randle Duke to operate a parasail and banana boat business from thebeach in the vicinity of Sea Mountain Highway and Ocean Boulevard via Franchise Agreement(Agreement). When the franchise was first awarded to Mr. Duke, the Agreement authorized the use ofthree parasail boats and a franchise fee of$45,000.

Thereafter, Mr. Duke requested that the Agreement be amended to allow only two parasail boats and a

$15,000 reduction of the franchise fee from $45,000 to $30,000; Council agreed to the requestedamendment.

Subsequently, on April 15,2016, Mr. Duke requested that the Franchise Agreement be amended againto allow the use of three parasail boats. Council consented to the use of a third parasail boat along witha $15,000 increase of the franchise fee to $45,000.

Mr. Duke is currently requesting that Council allow him to add a fourth parasail boat to his franchiseStaff informed Mr. Duke that in the event Council approves the request to add a fourth parasail boat,Council will most likely increase the franchise fee by at least $15,000 which would bring his annualfranchise fee to $60,000.

RECOMMENDED ACTION: Adoption or denial of the ordinance.

Reviewed by City Manager by ttorney

2017 ADDENDUM TO THE FRANCHISE AGREEMENT CONVEYED TO RANDAL DUKE FROM K. ROBERT

BARNHIII REGARDING THE OPERATION OF A PARASAIT AND BANANA BOAT BUSINESS ON THE BEACH

IN THE VICINITY OF SEA MOUNTAIN HIGHWAY AND OCEAN BOULEVARD

Article ll, Section 3 of the Agreement shall provide:

"The Franchisee shall pay to the City a franchise fee of 560,000 each year. The fees for the optionalperiod shall increase by five percent (5%) successively for each year. The franchíse fee shall be payable

in one installment due the first Monday after July 15. lf payment is not received within 15 days after thedue date a SfOO per day penalty will be assessed until payment is received in full."

All prior amendments to Article ll, Section 3 shall be null and void.

Article V, Section 2 b shall provide:

"The Franchisee is limited to the use of three (3) banana boats not exceeding six (6) passengers each

including franchise employees and customers. One of the three (3) banana boats must be a dual

pontoon vessel. The dual pontoon banana boat may be utilized to transport passengers from the beach

to the parasail watercraft. The Franchisee is also limited to four (4) non-propeller personal watercraft,two (2) transport or ferrying watercraft not exceeding six (6) passengers, and four (4) parasailing vessels

with attached launch platform and properly equipped winch and tow line. Personal watercraft may be

utilized to tow passengers on banana boats from the shore to the parasail watercraft, however,

customers and non-franchise employees are prohibited from being transported upon personal

watercraft."

All prior amendments to Art¡cle V Section 2 b shall be null and void.

For North Myrtle Beach: Randall Duke:

City Manager Franchisee

Date

AN ORDINANCE

AN ORDINANCE TO AMEND THE FRANCHISE AGREEMENT THAT WAS CONVEYED TO RANDLE DUKE

WHICH AUTHORIZES MR. DUKE TO OPERATE A PARASAIL AND BANANA BOAT BUSINESS FROM THE

BEACH IN THE VICINITY OF SEA MOUNTAIN HIGHWAY AND OCEAN BOULEVARD TO INCREASE THE

NUMBER OF PARASAIL BOATS FROM THREE TO FOUR AND TO INCREASE THE CURRENT ANNUAL

FRANCHTSE FEE OF s45,000 TO $65,000.

Whereas, in 2013, the City consented to the conveyance of the Franchise Agreement that was originallygranted to K, Robert Barnhillto operate a parasail and banana boat franchise in the vicinity of Sea

Mountain Highway and Ocean Boulevard to Randle Duke; and

Whereas, when the franchise agreement was conveyed to Mr, Duke it authorízed him to operate threeparasail boats with a franchise fee of $45,000 however Mr. Duke requested that the franchíse

agreement be amended to allow only two parasail boats with a reduction of the franchise fee from

$¿s,ooo to S30,ooo

Whereas, City Council consented to the above requested amendment; and

Whereas, in April of 20'J,6, Mr. Duke has requested that Council amend the franchise agreement to allowthe use of three parasail boats with an increase of the annual franchise fee from 530,000 to 545,000which request was granted; and

Whereas, Mr. Duke has requested that Council amend the franchise agreement to allow the use of fourparasail boats with an increase in the annual franchise fee from 545,000 to 560,000.

Whereas, Staff has prepared an addendum to the Franchise Agreement that was conveyed to Randle

Duke to authorize the use of four parasail boats and to increase the annual franchise fee of S+S,OOO by

S15,0000 for a new annual franchise fee of 560,000/

NOW, THEREFORE BE lT ORDATNED BY THE MAYOR AND COUNCTL FOR THE C|TY OF NORTH MYRTTE

BEACH SOUTH CAROLINA:

Section 1: The above referenced addendum to the franchise agreement is approved.

Section 2:The City Manager is authorized to sign the addendum on behalf of the City

Section 3: The ordinance shall be effective upon the date of passage

DONE, RAT|F|ED AND PASSED TH|S THE _ DAy OF 2017

ATTEST:

1

Mayor Hatley

City Clerk

Approved as to Form Reviewed

City Attorney

First Reading

Second Reading:

City Manager

2

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