CITY OF FOLLY BEACH Tim Goodwin, Mayor

Folly Beach, SC 29439 www.cityoffollybeach.com

(P) 843-588-2447(F) 843-588-7016

Adam Barker, Council Member Katherine Houghton, Council Member William Farley, Council Member Amy Ray, Mayor Pro Tem Billy Grooms, Council Member D.J. Rich, Council Member_______________________________________________________________________________________________________________________

City Council Meeting Tuesday September 8th, 2020

WORK SESSION 6:00P.M. REGULAR MEETING 7:00 P.M.

Folly Beach Community Center 55 Center Street

Folly Beach, SC 29439

Work Session Agenda 6:00PM

a. Emergency Order Expiration Review

b. Discussion of Mooring Ordinance and Grant Opportunities for Abandoned VesselRemoval.

c. Discussion of Budget Items

Regular Meeting Agenda 7:00PM 1. CALL TO ORDER/ROLL CALL

2. INVOCATION & PLEDGE OF ALLEGIANCE

3. MAYOR’S COMMENTS

4. STAFF REPORTS

a. Eric Lutz, Building Official: Hazard Mitigation Plan Update

b. Colleen Jolley, Community Coordinator: Parks and Recreation Update1

5. APPROVAL OF AGENDA

6. APPROVAL OF PREVIOUS MINUTES OF AUGUST 11th, AUGUST 18TH, AUGUST 25TH, AND AUGUST 27TH

7. PERSONAL APPEARANCES (Limited to Five Minutes)

a. Mickey O’Rourke, PE, Cape Romain Contractors Inc.; Requesting Permission for Weekend Work on the Folly Beach Fishing Pier.

b. Dr. Richard Beck, Save the Light Inc.; Request That the Permitting Fees for a Restoration Project at the Morris Island Lighthouse be Waived.

8. CITIZENS’ COMMENTS (Limited to Three Minutes)

9. COMMISSION, BOARD, COMMITTEE REPORTS

10. OLD BUSINESS

a. Ordinance 13-20: An Ordinance Amending Chapter 150 (Building Regulations) Sections 150.005 (Building Permit Required), 150.085 (Reserved), and 150.086 (Valves on House Lines; Work to be Performed by Licensed Installers) And Adding Section 150.090 (Hazardous Materials) to Clarify Gas Line Strike Measures and How to Handle Hazardous Materials. (SECOND READING)

b. Ordinance 14-20: An Ordinance Amending Chapter 10 (Rules of Construction; General Penalty) of the Folly Beach Code of Ordinances, by adding Section 10.98 (Ordinance Summons). (SECOND READING)

11. NEW BUSINESS

a. Appointments to Boards, Commissions, and Committees

i. Design Review Board (1) VacancyTie from previous City Council Meeting

1. Star Longo2. Joe Vandiver Re-appointment

ii. Board of Zoning Appeals (1) VacancyAll members must be full-time, year-round residents.

1. Michael Beavers2. Kirk Gunn

b. Ordinance 11-20 (THIRD AMENDMENT): An Emergency Ordinance Requiringthat Face Coverings or Masks Be Worn in Public in the City of Folly Beach asAmended.

c. Ordinance 15-20: An Ordinance Amending Chapter 163 (Zoning Districts),Section 163.05 (Overlay District) by Adopting the Recommendation of theRethink Folly Road Corridor Study to Require a 12 Foot Wide Multi-Use Path tobe Installed Upon Development or Redevelopment of any Non Single Family Use

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Project Within the Folly Road Corridor Overlay. (REMAND TO PLANNING COMMISSION)

d. Ordinance 16-20: An Ordinance to Provide for Adoption of the Second Throughthe Fourth Quarter FY2021 General Fund Budget Containing Estimates ofProposed Revenues and Expenditures for the City of Folly Beach, South CarolinaBeginning October 1, 2020 and Ending June 30, 2021. (FIRST READING)

e. Ordinance 17-20: An Ordinance Establishing the Water Utility Budget andAppropriating the Necessary Funds for the Operation of the Folly Beach WaterUtility for the Second Through the Fourth Quarter of FY2021, Beginning October1, 2020 and Ending June 30, 2021. (FIRST READING)

f. Ordinance 18-20: An Ordinance Establishing the Sewer Utility Budget andAppropriating the Necessary Funds for the Operation of the Folly Beach SewerUtility for the Second Through the Fourth Quarter of FY2021, Beginning October1, 2020 and Ending June 30, 2021. (FIRST READING)

g. Ordinance 19-20: An Ordinance Amending Chapter 95 (Animals) of the FollyBeach Code of Ordinances, Section 95.09 (Animal Tags) by Eliminating the Feefor Animal Tags. (FIRST READING)

h. Ordinance 20-20: An Ordinance Amending Chapter 73 (Golf Carts and LowSpeed Vehicles) of the Folly Beach Code of Ordinances, Section 73.05 (City GolfCart Permits) by Eliminating the Fee for Residential Golf Cart Permits. (FIRSTREADING)

i. Ordinance 21-20: An Ordinance Amending Title XI (Business Regulations) ofthe Folly Beach Code of Ordinances by Amending Section 110.37 (Class 8 Rates)to Raise the Base Fee for Class Eight Short Term Rental Licenses By $100.(FIRST READING)

j. Ordinance 22-20: An Ordinance Amending Chapter 134 (Offenses AgainstPublic Welfare) of the Folly Beach Code Of Ordinances by Repealing andReplacing Sections 134.50-134.54 and Amending Section 134.99 (Penalty) toRequire a Permit for Mooring; Prohibit Mooring Within Certain Distances ofPublic Boat Landing, Bridges, Private Docks and Marinas; Prohibit Derelict orAbandoned Vessels; and Giving the Department of Public Safety Authority toSeize and Tow Vessels in Violation. (FIRST READING)

k. Resolution 29-20: A Resolution by the Folly Beach City Council Authorizing theDistribution of $913 in Previous Fundraising Receipts Held in the HistoryReserve to the Newly Formed Folly Beach Historical Society Not-For-Profit.

l. Resolution 30-20: A Resolution by the Folly Beach City Council Updating theScope of Work from Resolution 27-20 to Include the Recommendations from theArchitect for the Renovations to City Hall.

m. Resolution 31-20: A Resolution by the Folly Beach City Council AuthorizingPark Folly Beach to Conduct the City’s Parking Enforcement Program.

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n. Resolution 32-20: A Resolution by the City Council Awarding FY 20-21 A-Tax Funds Based on the Accommodations Tax Advisory Board’s Recommendation.

o. Resolution 33-20: A Resolution Awarding $1150.00 to the Folly Beach Senior

Citizens to Assist with Funding Various Projects and Events by Recommendation of Community Promotions Committee.

p. Resolution 34-20: A Resolution Approving a Contract with Wetmore Law and

Strategy for Consulting and Transition Services.

q. Resolution 35-20: A Resolution by the Folly Beach City Council for Adoption of the Second Through the Fourth Quarters of FY21 Beach Preservation Fund Budget Containing Estimates of Proposed Revenues and Expenditures Beginning October 1, 2020 and Ending June 30, 2021.

12. CITY COUNCIL COMMENTS

13. ADJOURNMENT

PUBLIC NOTICE

ALL MEDIA WERE NOTIFIED PURSUANT TO STATE LAW

City Council will not vote on matters discussed during Work Sessions or Executive Sessions. However, matters discussed may be voted on during the evening City Council meeting.

In keeping with the Americans with Disabilities Act, persons needing assistance, alternative formats, ASL interpretation, or other accommodation, please contact the Municipal Clerk at 843-513-1833 during regular business hours at least 24 hours prior to the meeting. Hearing devices are available upon request for those with hearing difficulties. The City of Folly Beach, in an effort to go green, will no longer have the Ordinances and Resolutions included in the Agenda. Citizens interested in having a copy, please see the Municipal Clerk.

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Work Session Back Up

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CITY OF FOLLY BEACH

1st Reading: June 29, 2020 Introduced by: Mayor Goodwin Amended: July 2, 2020 2nd Amendment: July 16, 2020 3rd Amendment: September 8th, 2020

No Second Reading per S.C. Code § 5-7-250 Date: September 8th, 2020

ORDINANCE 11-20 (THIRD AMENDMENT)

AN EMERGENCY ORDINANCE REQUIRING THAT FACE COVERINGS OR MASKS BE WORN IN PUBLIC IN THE CITY OF FOLLY BEACH. AMENDMENT

The City Council of Folly Beach, South Carolina, duly assembled, hereby ordains that the following Emergency Ordinance be adopted pursuant to South Carolina Code § 5-7-250:

WHEREAS, it is well recognized that SARS-CoV-2, the virus that causes the disease COVID-19, presents a public health concern that requires extraordinary protective measures and vigilance; and

WHEREAS, on March 11, 2020, the World Health Organization (WHO) declared COVID-19 a pandemic; and

WHEREAS, on March 13, 2020, the President of the United States has declared a National Emergency for the United States and its territories in an effort to reduce the spread of the virus; and

WHEREAS, the Centers for Disease Control (CDC) currently has a Level 3 travel advisory in place that covers the entire world, including the United States; and

WHEREAS, the Governor of South Carolina declared a State of Emergency on March 13, 2020, to enhance the State’s response to the COVID-19 virus’s impact on the State; and

WHEREAS, the Mayor of the City of Folly Beach declared a State of Emergency within the City on March 16, 2020, and his proclamation was adopted by City Council on March 20, 2020; and

WHEREAS, City Council adopted several versions of a prior Emergency Ordinance in the past three months, but most restrictions on citizens and visitors were lifted in early May, in accord with the actions of the State, the County, and most other municipalities also lifting most restrictions imposed to limit the spread of the pandemic; and

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WHEREAS, since the lifting of restrictions, the State, County, and City has seen a resurgence in the spread of COVID-19; and

WHEREAS, as reported by the South Carolina Department of Health and Environmental Control (SCDHEC), as of June 29, 2020, the total number of confirmed cases in South Carolina is 34,546, with total possible cases of 246,757. In Charleston County, the total number of reported cases is 3,653 with total possible cases of 26,093. The City of Folly Beach has had 15 confirmed cases, with a total estimated cases of 107; and

WHEREAS, both South Carolina and Charleston County have had more new daily cases reported in the last week than ever reported previously. On June 19, 2020, South Carolina reported 1,159 new cases, more than ever previously reported. On June 21, 2020, Charleston County reported 214 new cases, more than ever previously reported; and

WHEREAS, many businesses located on Folly Beach have recently re-closed due to multiple employees testing positive for the virus; and

WHEREAS, citizens and visitors, particularly within the commercial district of the City and within its businesses, have had a low rate of mask usage and have infrequently engaged in voluntary social distancing and other actions designed to impede the social transmission of the virus; and

WHEREAS, the CDC and SCDHEC have repeatedly advised the use of cloth face coverings to slow the spread of COVID-19; and

WHEREAS, face coverings can decrease the spread of respiratory droplets from people, and evidence has grown, showing in numerous recent studies that the use of face coverings decreases the spread of COVID-19 within populations; and

WHEREAS, taking measures to control outbreaks minimizes the risk to the public, maintains, the health and safety of the City’s residents and visitors, and limits the spread of infection in our communities and within the healthcare delivery system; and

WHEREAS, cases in South Carolina and Charleston County continue to grow. In the last two weeks, according to DHEC, Charleston County has reported 4,159 new cases, more than any other County in South Carolina; and

WHEREAS, the City has determined that it is imperative to reduce social transmission in all areas of the City, including the beach. Other local beachfront towns have enacted or are considering new emergency ordinances restricting activities on the beach to encourage social distancing and reduce social transmission; and

WHEREAS, South Carolina Governor Henry McMaster by Executive Order No. 2020-28 has explicitly authorized the City to close, in whole or in part, or otherwise restrict the use of any such public beach access points or otherwise restrict the use of any adjacent or

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associated public parking lots or other public facilities if it is determined that such action is necessary to preserve or protect public health; and

WHEREAS, Sections 5-7-30 (the “Home Rule Statute”) and 5-7-250 of the South Carolina Code of Laws, as well as the Governor’s Orders, all empower Council to enact emergency ordinances affecting life, health, or safety; and

WHEREAS, the South Carolina Attorney General on June 24, 2020 has issued an opinion that municipalities are authorized to issue ordinances requiring the public use of masks; and

WHEREAS, in light of the foregoing and in order to protect, preserve, and promote the general health, safety, and welfare and the peace and order of the community, the City is taking steps to try to protect its citizens, employees, and visitors from increased risk of exposure, City Council of the City of Folly Beach deems it proper and necessary to adopt this emergency ordinance;

NOW BE IT THEREFORE ORDAINED that the following emergency procedures are hereby adopted and to remain in effect until September 14, 2020, subject to termination or extension by Council:

1. Council and the Mayor formally declare a State of Emergency due to aresurgence in known cases of COVID-19 within the City and surrounding areas. Council also confirms that the Mayor, or the Mayor Pro Tempore in his absence, can exercise the emergency powers granted to the Mayor pursuant to City of Folly Beach Ordinance § 35.05.

2. At the discretion of the Mayor, City Hall is closed and moved to a virtual, phone, and dropbox operation until further notice. The Mayor has discretion to open City Hall to transactions that are deemed safe.

3. City Council members and staff will be authorized during this State ofEmergency to attend meetings of Council, boards, and committees via teleconference at their discretion.

4. The public will not be allowed to attend Council, board, or committeemeetings, or any other City meetings, in person. Meetings will still be broadcast. Measures will be taken to allow the public to submit comments prior to any meeting by emails, which will be included in the public record of the meeting.

5. All deadlines imposed by City Ordinance or rule, applicable to the municipalityor any applicant, shall be suspended, during this temporary period.

6. The City Administrator is authorized to develop and enact a plan in order toensure continuity in the delivery of government services in light of the COVID-19 outbreak.

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7. The City Administrator is authorized to cancel and revoke any special eventspermits issued prior to the date of this ordinance for events taking place until September 14, 2020.

MASK PROVISIONS

8. “Face Covering” or “mask” means a cloth, fabric, or other soft or permeablematerial, without vents or holes, that securely covers both the mouth and nose and remains affixed in place without the use of one’s hands. Face Coverings include, but are not limited to, medical masks, N-95 respirators, face shields, scarves, handmade masks, bandanas, and neck gaiters such that they securely cover the person’s nose and mouth.

9. Every person working, living, visiting, or doing business in the City of FollyBeach is required to wear a Face Covering while in any indoor or outdoor public place. This includes but is not limited to:

a. Inside a building open to the public;b. Waiting to enter a building open to the public;c. Interacting with other people in outdoor spaces, including, but not

limited to, curbside pickup, delivery, and service calls; and d. Walking in public where maintaining a distance of six (6) feet between

other members of public at all times is not possible.

10. The following persons are exempted from the Face Covering requirement:

a. Persons under the age of three years old; orb. Persons for whom a face covering would cause impairment due to an

existing health condition or disability; or c. Persons in personal vehicles; ord. Persons while outside and while maintaining a minimum of six (6) feet

from other people, other than members of their household, at all times; or e. Customers seated in a restaurant or bar while actively eating or

drinking so long as they maintain a minimum of six (6) feet from other persons in the establishment, other than members of their households. The server and other front of the house staff must wear a Face Covering during these interactions; or

f. Persons alone or with members of their household in an enclosedspace.

g. Persons acting in compliance with directions of law enforcementofficers.

11. Businesses are responsible for enforcing this Emergency Ordinance andsubject to the penalties included herein for violations occurring inside of their business, including outdoor areas, and in public areas wherein customers are dining, eating, or waiting to be served or seated.

a. Businesses must require all employees to wear a Face Covering at alltimes.

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b. Businesses are required to post a notice in their business visible tocustomers entering the business or waiting to enter the business informing customers that the use of Face Coverings by customers and employees is mandated by law. Failure to post such a notice is a violation of this Emergency Ordinance.

c. If a customer refuses to comply with the Emergency Ordinance andrefuses to vacate the business and is not covered by one of the exemptions, the business shall promptly notify a Public Safety Officer or the Folly Beach Public Safety Dispatch office. If a business complies with this provision by posting the notice and informing Public Safety of a failure to comply, the business will not be in violation of this Emergency Ordinance as a result of the action of the noncomplying customer.

d. If a customer is excluded from requiring a Face Covering pursuant toSection 10 of this Emergency Ordinance, the business may choose to offer curbside service, provide home delivery, or use some other reasonable measure to deliver its goods or services.

e. Businesses are strongly encouraged to follow all CDC and industryguidelines on face coverings, social distancing, occupancy, and sanitation procedures. Businesses are encouraged to not hold any events that may create situations where occupancy limits are exceeded, or social distancing is not possible. Art villages, famers markets, and other vendor-based events are prohibited, unless a mobile vendor has been in place continuously for longer than 30 days, until the emergency ordinance expires.

f. During the duration of this emergency order, businesses shall notallow live entertainment, including but not limited to bands, DJ’s, karaoke, bingo, trivia, contests, or other crowd drawing activity after 9:00pm. This is recognized as a temporary alteration of the City’s existing noise ordinance, Section 131.32.

12. No Parking in any City Right of Way EXCEPTa. Vehicles parked in a paid parking space and properly paid; orb. Vehicles properly displaying a resident parking decal; orc. Vehicles parked in the right of way adjacent to a rental home displaying a

valid booking contract for that address; or d. Vehicles parked in an ADA parking space displaying a valid ADA placard or

license plate; or e. Vehicles parked in the commercial zoning districts between 6:00PM and

6:00AM; orf. Vehicles legally parked in the right of way of Arctic Avenue.

During this Emergency Ordinance, the fine for parking violations will be $150.00 except ADA violations which are still $1,000.00.

13. Any failure to comply with this Emergency Ordinance, including efforts tocircumvent this ordinance, may be penalized a) as a civil infraction fine of $100.00. Each day of a continuing violation shall be considered a separate and distinct offense. Such infractions may be issued by the City’s licensing official, code enforcement officers, or public safety officers. Appeals of such infractions shall be heard by the City’s hearing officer in accord with the provisions of Section 110.18, or b) in addition to the fines established in this section,

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three (3) violations of this Emergency Ordinance by a licensed business may result in suspension or revocation of the business license pursuant to provisions of Section 110.17 of the City of Folly Beach Code of Ordinances, or c) as a violation of S.C. Code Section 16-7-10 (Illegal acts during state of emergency, or d) any other penalties provided by City or State law, including penalties granted pursuant to Executive Orders issued by the South Carolina Governor. In addition, the Governor has authorized cities to seek an injunction, mandamus, or other appropriate legal action in the courts of the State to enforce orders.

14. Citizens, businesses and visitors are reminded that the City remains specificallyempowered by the Executive Orders issued by Governor Henry McMaster and by South Carolina law to enforce the following regulations:

a. prohibit or disperse any congregation or gathering of people in anypublic area in groups of three (3) or more people, if any law enforcement official determines that such congregation or gathering of people poses, or could pose, a threat to public health. Executive Order No. 2020-13, Section 1.C. The failure to wear a mask 1) in any business when not seated in a chair and socially distanced, or 2) in any outdoor public area when not socially distanced, will be deemed a violation of Executive Order 2020-13, Section 1.C, and

b. close in whole or in part any public beach access points if it isdetermined that such action is necessary to preserve or protect public health. Executive Order 2020-28, Section 1.A; and

c. persons are allowed to engage in outdoor exercise or recreationalactivities, including on the beach, only if a minimum of (6) feet is maintained during such activities between all persons who are not occupants of the same residence. Executive Order No. 2020-21, Section 1(E); and

d. charge persons for failing or refusing to comply with any lawful orderor direction of any law enforcement officer, S.C. Code Section 16-7-10(A)(1)(c).

The violation of any of these provisions will result in criminal misdemeanor charges under state law and, upon conviction, a fine of $100.00 or imprisonment of up to thirty days. S.C. Code Section 16-7-10(a).

15. During the term of this Emergency Ordinance, any ordinance, resolution, policy,or bylaw of the City that conflicts with the provisions hereof shall be and is hereby suspended and superseded.

16. Should any provision, section, paragraph, sentence or word of this EmergencyOrdinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this Emergency Ordinance as hereby adopted shall remain in full force and effect.

17. This Emergency Ordinance shall take effect at noon the day after its adoption byCity Council.

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18. All measures taken herein are subject to modification, repeal, or additionalrestrictions as required by changes in the pandemic, including increased incidence, rate of spread in the Charleston region, and rate of compliance.

19. Statewide price gouging rules are in effect for all businesses and shall be enforced.

20. This emergency ordinance shall be terminated or extended by the issuance ofanother ordinance or shall automatically expire on September 14, 2020.

AMENDED AND ADOPTED this 8th day of September 2020, at Folly Beach, South Carolina.

Ayes: Nays: Abstains:

__________________________ Municipal Clerk Tim Goodwin, Mayor

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CITY OF FOLLY BEACH

1st Reading: September 8th, 2020 Introduced by: Mayor Goodwin 2nd Reading: Date: September 8th, 2020

ORDINANCE 22-20 AN ORDINANCE AMENDING CHAPTER 134 (OFFENSES AGAINST PUBLIC WELFARE) OF THE FOLLY BEACH CODE OF ORDINANCES BY REPEALING AND REPLACING SECTIONS 134.50-134.54 AND AMENDING SECTION 134.99 (PENALTY) TO REQUIRE A PERMIT FOR MOORING; PROHIBIT MOORING WITHIN CERTAIN DISTANCES OF PUBLIC BOAT LANDING, BRIDGES, PRIVATE DOCKS AND MARINAS; PROHIBIT DERELICT OR ABANDONED VESSELS; AND GIVING THE DEPARTMENT OF PUBLIC SAFETY AUTHORITY TO SEIZE AND TOW VESSELS IN VIOLATION.

The City Council of Folly Beach, South Carolina, duly assembled, hereby ordains that the Folly Beach Code of Ordinance be amended as follows:

NOTE: Deleted material struck through, new material shown in red,

SECTION 134.50 DEFINITIONS For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED BOATS “Abandon” or “abandoned” means any watercraft that has been moored, stranded, wrecked, sinking, or sunk, and has been left unattended for longer than forty-five days. A water craft is not abandoned if it is legally moored on private property. (SC Code 50-21-10)

BOAT or VESSEL Every description of watercraft used or capable of being used as a means of transportation on the water, except a seaplane or a fishing raft. (SC Code 50-21-10)

DERELICT VESSEL means a vessel that has been left unattended and is in significant disrepair, such that the condition may affect the seaworthiness of the vessel or affect the safety of the public or the environment.

PERSON means an individual, a partnership, a firm, a corporation, an association, or other legal entity. (SC Code 50-21-10)

PUBLIC SAFETY means the Folly Beach Department of Public Safety.

SECTION 134.51 MOORING PROHIBITED

Within the territorial limits of the City of Folly Beach, mooring or anchoring is prohibited within one mile of any public boat landing or public bridge or within 100 feet of any other

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legally anchored vessel, any private, properly permitted mooring, or any private, properly permitted dock or marina without the written permission of the owner.

SECTION134.52 DERELICT VESSELS PROHIBITED

(A) It shall be unlawful to anchor, moor or ground on the public land or waters of this City,or on private property without permission of the property owner, any derelict vessel.Indicators that a vessel is derelict include, but are not limited to, the following:

1) Improper, non-working, or no anchor light;2) Vessel is neglected, or substantially dismantled, or improperly maintained, or is not

able to be used for navigation as intended;3) Vessel does not comply with current registration requirements;4) Vessel is barnacle-laden;5) Vessel interior is exposed to the elements (rain, waves, etc.);6) Vessel is listing;7) Vessel is aground;8) Vessel is in danger of breaking or dragging its mooring;9) Vessel is sinking;10) Vessel is abandoned; or11) Vessel fails to display a City of Folly Beach permit as required in § 134.54.

(B) Pursuant to S.C. Code 50-21-190 it is unlawful to abandon a watercraft or outboardmotor on the public land or waters of this State or the City or on private property withoutpermission of the property owner. This section does not apply to persons who abandon awatercraft in an emergency for the safety of the person onboard; however, after theemergency is over, the owner and operator of the abandoned watercraft shall make a bonafide attempt to recover the watercraft.

SECTION 134.53 PERMIT REQUIRED TO MOOR OR ANCHOR WITHIN TERRITORIAL LIMITS OF THE CITY OF FOLLY BEACH

(A) Persons mooring or anchoring a vessel overnight within the territorialboundaries of the City of Folly Beach must obtain and conspicuously display amooring permit. Permits may be obtained at Folly Beach Public Safety 24 hoursa day, 7 days a week. There is no cost for a permit, however the owner mustpresent:

1) Proof of ownership;2) Proof of current insurance;3) Proof of current state or Coast Guard registration;4) Name, address, and phone number of a local contact who can respond

and has authority to take action on a vessel within 24 hours if called byPublic Safety;

5) Description of mooring technique, and explanation of its adequacy for thelocation;

6) Attestation that the vessel is neither derelict nor abandoned.Permits expire unless renewed every 60 days.

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(B) A permit may be revoked if any of the following conditions are met:1) The vessel is moored or anchored in an unauthorized area or in a marked

channel;2) The vessel displays no evidence of current state, federal, or foreign

registration, a current permit, or other official documentation ofownership if requested by Public Safety;

3) Vessel is derelict, abandoned, neglected, or substantially dismantled, orimproperly maintained, or is not able to be used for navigation asintended;

4) Vessel is listing, aground, sinking, in danger of breaking its mooring,dragging its mooring, or otherwise unsuccessfully moored;

5) If the local contact is called by Public Safety and does not respond within24 hours;

6) The vessel is slept on but is not equipped with a holding tank or theowner or operator fails to provide Public Safety with receipts for regularweekly pump outs of the vessel's holding tank upon request;

7) Public Safety officers have responded to complaints of excessive noise,thefts, firearms violations, controlled substance violations, or otherdisturbances of possible danger to the environment or any person,emanating from the vessel or its crew;

8) The vessel is at any time within one mile of any public boat landing orpublic bridge or 100 feet of any other legally anchored vessel; anyprivate, properly permitted mooring; or any private, properly permitteddock or marina without the written permission of the owner;

9) The vessel does not display proper anchor lights;10) If Department of Natural Resources, Department of Health and

Environmental Control, or the Director of Public Safety determines thereare safety-related or environmental reasons for denying permissionduring a particular period of time, or in a particular place, or in aparticular manner or has been identified as an abandoned watercraft bythe Department of Natural Resources.

(C) If a Person’s permit has been revoked twice, an additional permit shall not begranted for a period of one year.

(D) Within four hours of a hurricane warning being declared, each vesseloperator shall secure their vessel to prevent the vessel, and/or its parts orcontents from damaging the property of others.

(E) This section does not apply to the following:1) A vessel docked at a private recreational dock or a non-eligible facility so

long as such vessel is not utilized as a live-aboard vessel;2) A vessel seeking safe harbor from dangerous weather or in the event of

mechanical failure for up to seven days; or3) A vessel anchored while actively engaged in fishing.

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SECTION 134.54 ADMINISTRATION AND ENFORCEMENT.

A. Administration. The administration and enforcement of the provisions of this chaptershall be vested in the City of Folly Beach Public Safety Department. City Public SafetyOfficers shall have the authority to board any vessel subject to the provisions of thischapter or to any applicable rule or regulation for the purpose of inspection ordetermining compliance and are empowered to issue a summons for appearance incourt or make arrest for violations of this chapter or the rules and regulationsprescribed thereunder.

B. When necessary, the Department of Public Safety may act, or may join in action withother agencies, to declare a vessel “abandoned” or “derelict,” or to determine andabate any unsafe or environmentally hazardous conditions, by towing, relocating,removing any vessel, or taking any other action reasonably necessary.

C. Public Safety shall post conspicuous notice on any vessels that are in violation ofpermit conditions, or that have an expired or revoked permit. Public Safety shallthen continue to monitor the violating vessel until ten days have elapsed from thedate of the posting. If the person in control of the vessel returns, or contacts PublicSafety, and abates the violation within that time, no further actions, other thanpayment of accrued fees, need to be taken.

D. If the owner of any unattended vessel anchored, moored, docked, or stored in Citywaters fails to respond to notices or pay fines and fees as required by this sectionfor more than ten days from the posting, the vessel may be taken into custody by theDepartment of Public Safety and stored in a safe place of storage.

E. The owner shall be responsible for the costs of towing, storage, removal, and salvageof the vessel. Any vessel towed, removed, relocated or impounded shall be subject toa lien for associated costs. The owner of the vessel may only redeem the vessel fromthe designated storage area upon payment of costs and fees.

F. If a vessel is seized and towed, Public Safety shall report the vessel to theDepartment of Natural Resources for owner notification. If the vessel is deemedabandoned by the Department of Natural Resources, it shall be eligible for removalin accordance with South Carolina state law.

G. This section does not limit any other rights granted to the City or Public Safety byfederal, state or local law.

SECTION 134.99 PENALTY.

(A) For each day over the 30 days that a violation of Section 134.30 through 134.41 is notabated, there will be a $50 per day fine. The imposition of this fine shall not besuspended. Each day of violation after the expiration of the 30-day period provided in

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Section 134.41(B) shall constitute a separate offense for the purpose of calculating the civil penalty.

(B) In addition to any other penalties allowed by federal, state or local law, a personviolating the provisions of sections 134.50-134.54 is guilty of a misdemeanor and,upon conviction, must be fined not less than one thousand dollars ($1,000.00) normore than five thousand dollars ($5,000.00) or imprisoned up to thirty (30) days, orboth. In addition, the owner must remove the abandoned watercraft within fourteen(14) days of conviction. The City municipal court is vested with jurisdiction for casesarising under this section.

ADOPTED this ___ day of _______________, 2020, at Folly Beach, South Carolina.

Ayes: Nays: Abstains:

__________________________ Municipal Clerk Tim Goodwin, Mayor

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CITY OF FOLLY BEACH PO BOX 48

FOLLY BEACH SC 29439 (843)588-2447

www.cityoffollybeach.com

To: Aaron Pope From: Kathryn Battey Date: August 28, 2020

Re: Enroll full time firefighters in PORS

There was a vote of full and part-time fighters in 2017 to join or not join the PORS retirement system. The part-time firefighters out voted the full time firefighters and chose to stay in SCRS and not join PORS. The full time firefighters are performing the duties of PSO’s including investigations of crimes which the part-time firefighters do not participate.. Their job description as written will qualify them for PORS. They perform over half of their duties as PSOs and assist the Police Department with various tasks.

The cost will be 2.68% higher than budgeted making the balance $2200 for Q2 through Q4 2021 The annual cost moving forward will be approximately $3000.

Mayor Honorable Tim Goodwin

Council Members:

Ms, Katharine Houghton Mr. Adam Barker Ms. Amy Ray Mr. Donald J. Rich Mr. William Farley Mr. William Grooms

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CITY OF FOLLY BEACH JOB DESCRIPTION

JOB TITLE: ENVIRONTMENTAL AND LAND USE PLANNER

Exempt (Y/N): Yes SALARY LEVEL: 65,000 FULL TIME/PART TIME: Full Time LOCATION: CITY HALL DEPARTMENT: Administration This position performs professional planning and project coordination for the City, with an emphasis on coastal and environmental issues, as well as technical zoning duties. Technical duties relate to the day to day administration of the Zoning Ordinance and staffing of the Planning Commission, Design Review Board, and Board of Zoning Appeals. Planning work will focus on securing funding for, and implementation of, adaptation, hazard mitigation, resilience, and sustainability related goals and objectives. This is a senior level position which requires considerable independent action, initiative, and judgment.

ESSENTIAL DUTIES AND RESPONSIBILITIES Zoning Administration: Administer and enforce the Zoning Ordinance: Investigate alleged violations of the Ordinance and advise landowners/applicants of necessary corrective measures; advise the public on zoning requirements such as setbacks, lot coverage, height, parking, and allowable use; develop recommendations regarding zoning and map amendments, zoning permit fee structures, zoning forms, annexations, special exception and variance requests, and other applications; testify as necessary at public and judicial hearings; maintain and interpret the zoning map; and review permits and new development for compliance. Conduct technical plan reviews, subdivision reviews, and site inspections. Serve as staff liaison and make necessary reports to the Planning Commission, Design Review Board, and Board of Zoning Appeals. Attend City Council meetings. Evening meetings are required.

Environmental Planning: Develop and evaluate long range plans, and programs with an emphasis on sustainability and resilience ( e.g. City of Folly Beach Sea Level Rise Adaptation Report, City of Folly Beach Marsh Management Plan, Folly Beach Dune Management Plan, Folly Beach Local Comprehensive Beach Management Plan, Folly Beach Comprehensive Plan)

Draft and propose ordinances, initiatives, policies, and procedures to implement shoreline planning, coastal management, hazard resilience, sea level rise adaptation, and critical infrastructure planning activities identified by long range planning documents.

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Identify and secure funding for long term capital projects and other activities including through grant research, writing, and administration (e.g. South Carolina PARD, LWCF, Charleston County TST and CTC funds, FEMA BRIC/Hazard Mitigation) Provide technical assistance to City staff in implementing future oriented environmental best practices across departments for day to day operations. Communicate to elected officials, the public, and City staff the importance of identified goals through education, outreach, and demonstration projects (flood and erosion control, rain gardens, living shorelines, marsh and dune restoration, water quality, septic management) Serve as liaison to outside committees, task forces, and governmental agencies such as FEMA, DNR, and DHEC for long term planning and multijurisdictional projects. (e.g. Project Impact/Charleston County Hazard Mitigation, Charleston Area Transportation Study MPO, Southeast Sustainability Directors Network, BOEM South Carolina Intergovernmental Task Force, Rethink Folly Road Staff Committee, Southeast & Caribbean Climate Community of Practice).

Use technology to analyze, visualize, and provide access to data and other information in areas such as land use, zoning, sea level rise, flooding, and hazard vulnerability. Preferred Qualifications: Knowledge of: principles, practices and techniques of urban planning; comprehensive plans and zoning, including preparation and implementation; sources and use of demographic and other planning related data; principles, practices, and techniques of coastal and environmental planning; principles, practices and techniques for project management and community engagement; municipal government principles and practices; knowledge of applicable South Carolina state laws and codes, professional certification in planning, environmental science, climate resilience, or other related field; experience with ArcGIS.

Skills:

Define and conduct a variety of types of analyses for complex data.

Partner and collaborate effectively with a wide variety of people; develop and maintain effective working relationships; demonstrate strategic and innovative thinking and strong customer service.

Develop and carry out program and project responsibilities to advance City interests.

Lead and collaborate effectively on multi-disciplinary project teams and in regional forums.

Excellent oral and written communication with customers, staff, appointed or elected officials, other local governments and agencies, and the public.

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Plan, organize and carry out work to meet deadlines and expectations for quality; carry out multiple concurrent projects efficiently and in a high quality manner; and identify, prioritize and resolve problems.

Education and Experience: A Master’s degree in urban/environmental planning, coastal management, or a closely related field is required in addition to a minimum of 5 to 8 years of progressively responsible professional experience consistent with this position description including knowledge, skills and abilities described above.

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Regular Meeting Back Up

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Application/Permit For Weekend Building Operations

NOTE: All applications for Weekend Building Operation must be submitted to the Clerk of Council before 5:00 PM on Tuesday the week prior to the Council Meeting at which the application will be reviewed according the criteria set forth in Section 150.10 of the Folly Beach Code of Ordinances. Any information found to be missing or fraudulent shall result in denying the application. IF ADDITIONAL SPACE IS NEEDED YOU MAY INCLUDE ATTACHMENTS Date___________Job Address ____________________________Property Owner Last Name ____________________ Applicant __________________________Applicant Address_______________________________________________

City ___________________________________ State _______________________ Zip Code ______________________

Phone ______________________ Fax ______________________ Email ______________________________________

Zoning of Property [ ] RSF (Single Family) [ ] RMF (Multifamily/Duplex) [ ] Commercial [ ] Other Type of Work [ ] New [ ] Renovation [ ] Addition Dates Requested for Weekend Work:___________________________________________________ Time Requested for Weekend Work:____________________________________________________

Describe Work _______________________________________________________________________________________________ _________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Why is Weekend Work Necessary? _______________________________________________________________________________________________ _________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Approval By signing this application I attest that all information is accurate

and I will abide by all ordinances in effect at time of application. I also give permission that, as long as the permit is valid, inspectors

________________________________________ may enter the construction project to conduct an inspection.

Date Date_____________________________________________

________________________________________ Print Name _______________________________________ Mayor or Building Official

Signature ________________________________________

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From: Richard <nedodeedge@aol.com> Sent: Thursday, August 6, 2020 9:16:42 PM To: timgoodwin@gmail.com <timgoodwin@gmail.com>; Eric Lutz <elutz@follybeach.gov> Cc: dblyth@savethelight.org <dblyth@savethelight.org>; anne@peterson-hutto.com <anne@peterson-hutto.com>; info@savethelight.org <info@savethelight.org>; rob@savethelight.org <rob@savethelight.org>; robert@savethelight.org <robert@savethelight.org>; jsmelzer@van-smith.com <jsmelzer@van-smith.com> Subject: Help for the lighthouse.

Dear Tim and Eric,

Life in the Covid world is complicated.

I had contacted Eric earlier this summer about the possibility of the city of Folly Beach waiving the building permit fee, as you have before, for the next phase of construction at the lighthouse. Eric said that he would have to seek council's approval. STL's needs have escalated.

To summarize : This phase is about securing the safety of passage which is the next step in beginning to work on the lighthouse. We are going to abandon the first flight of stairs in place and dismantle, preserve and replace them at a later date. We are going to build a temporary access to the second flight of stairs and reinforce that flight. In addition, we are going to secure corroded elements at the top of the light to insure safe passage within the cofferdam.

Mr. John Sylvest of the state agency that reviews construction plans for historically important structures (SHPO) has approved all but one of the items on our scope of work and we will not start that part of the project until we have his approval. We don't expect any problems securing their approval. We have an excellent working relationship with them. Here's the problem and the opportunity.

Covid has introduced several delays and uncertainties into the development of this project and all of a sudden it has come together. We intend to hire International Chimney Corporation ( they moved the Hatteras Lighthouse) to do the work. ICC has been by our side since we began this project 21 years ago and we have complete confidence in them.

There is the possibility that they could start NOW as in Tuesday if we can get the contract signed by then. We are trying very hard to get that done by Monday because the team that they want to use is finishing up a job at Tybee Light in Georgia and if they go home to NY, they will have to quarantine for fourteen days. Time is of the essence as storm season is here and we want to get this done as soon as possible. There will be no better time or opportunity to do this project than right now. Crunch.

Here is what we are asking. Given our record with projects at the lighthouse, can we get an authorization to start this project without a Folly Beach permit as contracts are signed? That's it. We will submit each part of the project online required for approval and permitting as soon as the contract is signed. Please call me at 843-860-6878 to let me

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know what you think. I know its unusual but we really need take advantage of this head start if we can.

In thanking you for your help in this unusual circumstance, I remain,

Sincerely,

Richard Beck

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City of Folly Beach 21 Center Street

Folly Beach, SC 29439

Date: September 8, 2020

Topic: Charleston Regional Hazard Mitigation Plan Update

Information Provided By: Eric Lutz, Building Official

Report: The Charleston Regional Hazard Mitigation Plan is supported by City of Folly Beach and yearly updates are approved by the plan’s thirty-one committee members. This plan is required by the Federal Emergency Management Agency (FEMA) in order to receive disaster funding and reimbursement, as well as federal mitigation grants. For additional Community Rating System credits, these yearly updates are required to be distributed to our City Council. The summary of changes to the 2020 plan follows. The full plan is posted on ine and available for viewing. in the Building Inspection Services office. If you have questions please contact Eric Lutz at eltuz@cityoffollybeach.com

Summary of Changes Made to the Charleston Regional Hazard Mitigation Plan for 2020-2021 Update:

Section 1: Introduction

• Background (1.1): Updated the goals of the Hazard Mitigation Plan.• Community Profile (1.2): Generally updated all tables and statistics

o Figures 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7• Hazard Identification and Risk Assessment (1.5): Updated the date that the new FIRM

Map is effective• Hazard Assessment (1.6): Updated language to coincide with the latest survey findings.• Problem Assessment (1.7): Updated the building count due to vulnerability.• Action Plan (1.10): Updated language about the 5-year update.

Section 2: Goals

• Updated the number of partners in Project Impact.• Updated the goals for the Plan based on the latest survey.

Section 3: Planning Process

• Pre Planning Request for Input (3.1): Updated language about the survey including thebiggest hazard threats to the area.

• Public Input (3.3): Updated information about the meeting schedule moving to aquarterly schedule.

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• Planning Process Summary (3.6): Added the most recent public meetings about the Plan.• Updated all of the tables and attachments for this section. (Still need to update 3B-3D,

which are PPI related tables).Section 4: Hazard Assessment

• Prioritization (4.1): Updated all survey results and wording.o Updated the emergency preparedness subsection to explain the new results in

the survey this year.o Included a table of all hazard events occurring in 2019-2020.

• Flooding (4.3):o Updated the FIRM Map new effective date.

• Updated Probabilities for Sections: 4.2-4.15.• Updated Historical Occurrences for sections 4.2-4.15, where applicable.• Pandemics (4.16):

o Added a new pandemic section as a new hazard in the list.o Added Background, Historical Occurrences, Classification, Location, Probability

• Updated the following tables: Table 4.1, 4.2, 4.3.

Section 5: Problem Assessment

• Reduced duplicity throughout Section 5• Updated all jurisdictions for each hazard listed

o This may include flood prone areas, historical occurrences, probability, location,problem statements, repetitive loss areas, vulnerabilities (including buildings,infrastructure and critical facilities), higher regulatory standards, populationtrends, economic impact and SFHA information.

• Section (5.1.8)o Added SCDHEC jurisdictional, baseline and critical line information

Section 6: Possible Activities

• Public Information Plan (6.2): Made the document more concise and referred toAppendix 1 where whole PIP is located within this document.

• Updated Attachment 6-C to include all drainage projects.Section 7: Adopting Resolution and Jurisdiction-Specific Action Plans

• Updated Adopting Resolutions and Action Plans for 2020-2021 for the following plansignatory jurisdictions:

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Section 8: Appendices

• (A.1) Inserted Updated Public Information Plan• (A.2) Updated CRS Class Numbers

o Updated Table A.2-1: CRS Community Ratings and Discounts• (A.4) Updated the Participation Table for jurisdictions• (A.5) Updated Public Meeting Notices for 2019-2020 meetings• (A.6) Previous Yearly Meeting Minutes 2020: Added the meeting minutes for this year’s

meetings.• CRHMP Summary of Changes 2020 (A.7): Added the summary of changes for this plan.• (A.8) Impact Statements: Updated Impact Statements for jurisdictions.• (A.9) Complete Hazard Histories: Updated hazard histories for each hazard.

Contact Point: Katie Faith 843-202-6943

- Unincorporated Charleston County-Town of Awendaw- College of Charleston- Charleston Water System- Charleston County Parks & Recreation

Commission - Charleston County School District- City of Charleston- Cooper River Parks & Playground

Commission - City of Folly Beach- Town of Hollywood- City of Isle of Palms- Town of James Island- James Island Public Service District

Commission - Town of Kiawah Island

- Town of McClellanville- Town of Meggett- Town of Mt. Pleasant- Mt. Pleasant Water Works

Commission - City of North Charleston- North Charleston District- North Charleston Sewer District- Town of Ravenel- Town of Rockville- Roper St. Francis- St. Andrews Parish Parks and

Playground Commission - St. Andrews Public Service District- St. Johns Fire Service District- St. Paul’s Fire Service District- Town of Seabrook Island- Town of Sullivan’s Island

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Date: September 8, 2020 To: City Council From: Colleen Jolley, Community Coordinator Re: Folly Beach Recreation Programming Update Request to Host Soccer on the Beach Request to Host Folly Beach Community Yoga on the Beach

FB Recreation Update Contracted recreation programming began mid-June with an impressive start to our first season. Unfortunately, programming was interrupted by emergency ordinance on July 2nd due to the increasing number of COVID cases in the area. The city’s emergency ordinance is set to expire September 14th. If COVID numbers are still on the decline, we would like to resume safe, social distanced, 10 participant minimum recreation programming effective the week of September 14th. Proposed Schedule: Jolly Folly Pickleball- Thursdays & Fridays 8 am – 11 am Momentum Tennis- Wednesdays & Saturdays 8:30 am – 1:30 pm (6 weeks, 6 participants max) $10 discount to Folly residents Soccer Shots- Fridays 5-7 pm (6 weeks, 10 participants max) $10 discount to Folly residents Basketball with Coach Brown-Sundays 8:30 - 9:30 am & 9:30 - 10:30 am (8 weeks, 10 participants max) $10 discount to Folly residents Reauthorization to Host Soccer on the Beach (approved June 9th) Soccer Shots will be ready to offer clinics when able. Due to Folly River park closure, they are requesting permission to offer a 6-week clinic on the beach between 9th & 10th West. Reauthorization to Host Yoga on the Beach (approved June 9th) Folly Beach Community Yoga is ready to resume morning yoga when able. Due to Folly River park closure, Ms. Mahanes is requesting permission to offer yoga on the beach at 4th West until Folly River Park is open to the public (early November). Current City Contractor Programming:

• Uses City facility for free • Contractor staffs • Teacher sets policies/program • Carries their own insurance • Some City promotion • Customer pays contractor directly • City liability and COVID waivers required

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CITY OF FOLLY BEACH

1st Reading: August 11th, 2020 Introduced by: Mayor Goodwin 2nd Reading: September 8th, 2020 Date: August 11th, 2020 ORDINANCE 13-20

AN ORDINANCE AMENDING CHAPTER 150 (BUILDING REGULATIONS) SECTIONS 150.005 (BUILDING PERMIT REQUIRED), 150.085 (RESERVED), ,AND 150.086 (VALVES ON HOUSE LINES; WORK TO BE PERFORMED BY LICENSED INSTALLERS) AND ADDING SECTION 150.090 (HAZARDOUS MATERIALS) TO CLARIFY GAS LINE STRIKE MEASURES AND HOW TO HANDLE HAZARDOUS MATERIALS.

The City Council of Folly Beach, South Carolina, duly assembled, hereby ordains that the Folly Beach Code of Ordinance be amended as follows:

NOTE: Deleted material struck through, new material shown in red

SECTION 150.005 BUILDING PERMIT REQUIRED

(A) Building permit. All construction (new and remodeling and repairs) shall require a permit to include docks, retaining-walls, sea walls, fences, pools, septic tank installations and/or repairs. (To obtain a permit the applicant must either be the owner of the property and the primary resident, or a South Carolina state licensed contractor (exceptions to the requirement to be a state licensed contractor: floor covering, painting/caulking and wall papering, drywall repairs, replacing screens/screen doors, pressure washing and routine interior and exterior cleaning). For example, owners of rental property may pull permits for the exceptions listed above.)

(1) Changes to the exterior of a property may require a sign off from the Zoning Administrator. Changes to the exterior of commercial properties may need approval from the Design Review Board at the discretion of the Zoning Administrator.

(2) Permits for the construction of new docks in the Conservation Zoning District shall require a letter of coordination with Charleston County.

(3) All building permits located on islands less than ten acres shall require a letter of coordination from SCDHEC confirming that the proposed developments meet all applicable state regulations for marsh island development.

(4) All permit cards will be displayed onsite and must be visible from the public right-of-way at the access to the property.

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(5) Toilet and refuse disposal containers shall be provided and maintained by the permit holder on all project sites.

(B) Zoning permit. A zoning permit shall be required for all new residential and commercial construction, including rebuilds and construction that would change the footprint or use of an existing structure.

(C) Prior to starting any excavation work the applicant shall contact 811 to request locate tickets. The applicant shall include the locate tickets with the permit application.

150.085 (RESERVED). VALVES ON HOUSE LINES; WORK TO BE PERFORMED BY LICENSED INSTALLERS.

(A) A lockable valve must be installed on the gas line on the house side of all gas meters.

(B) Contractors properly licensed through SCLLR only are allowed to do gas and gas piping work. Unlicensed contractors and property owners are not allowed to do gas work.

(`95 Code, § 5-3-82) (Ord. 85-3, passed 2-19-85)

150.086 VALVES ON HOUSE LINES; WORK TO BE PERFORMED BY LICENSED INSTALLERS. PENALTIES FOR STRIKING AND DAMAGING UTILITY LINES OR PIPES

Any party that strikes or damages a gas, electric, or water line in such a way that results in a response and/or repair by the City, City contractors, or utility provider shall be liable for all direct and indirect damages caused by the party’s negligence or violation of this Chapter, including any costs and fees incurred by the City, City contractors, or utility providers. This does not exclude other penalties as provided in these ordinances, including penalties under General Penalty Section 10.99.

(A) A lockable valve must be installed on the gas line on the house side of all gas meters.

(B) Homeowners are not allowed to do gas work. Licensed gas installers only are allowed to do the work.

(`95 Code, § 5-3-82) (Ord. 85-3, passed 2-19-85)

150.090 HAZARDOUS MATERIALS

(A) Hazardous Material (HAZMAT) shall be defined as: any item or chemical which can cause harm to people, plants, or animals when released by spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment.

(B) In the event of a release or spill of any hazardous materials by the actions of any party, that party will be strictly liable for any damages arising from such release or spill, including any costs and fees incurred by the City or the City’s contractors or supporting agencies in

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their efforts to remediate the release or spill or otherwise mitigate any risks to life, property, and/or the environment caused by such a spill or release, and also including any attorney’s fees and litigation costs incurred by the City. The City of Folly Beach Director of Public Safety or his designee or an authorized fire official shall have the sole authority to commit Folly Beach’s hazardous materials resources.

ADOPTED this 8th day of September 2020, at Folly Beach, South Carolina. Ayes: Nays: Abstains:

__________________________ Municipal Clerk Tim Goodwin, Mayor

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CITY OF FOLLY BEACH

1st Reading: August 11th, 2020 Introduced by: Mayor Goodwin 2nd Reading: September 8th, 2020 Date: August 11th, 2020

ORDINANCE 14-20

AN ORDINANCE AMENDING CHAPTER 10 (RULES OF CONSTRUCTION; GENERAL PENALTY) OF THE FOLLY BEACH CODE OF ORDINANCES, BY ADDING SECTION 10.98 (ORDINANCE SUMMONS). The City Council of Folly Beach, South Carolina, duly assembled, hereby ordains that the Folly Beach Code of Ordinance be amended as follows:

NOTE: Deleted material struck through, new material shown in red,

SECTION 10.21 VIOLATIONS OF RULES, REGULATIONS AND ORDERS. Except as otherwise provided in this code, the violation of any rules, regulations or orders promulgated by any officer or agency of the municipality under authority vested in him, her or it by law, by the provisions of this code or by any ordinance or resolution, shall be unlawful. SECTION 10.22 LIABILITY OF CORPORATIONS AND AGENTS FOR VIOLATIONS. (A) Any violation of this code by any officer, agent or other person acting for or employed by any corporation or unincorporated association or organization while acting within the scope of his or her office or employment shall in every case also be deemed to be a violation by the corporation, association or organization. (B) Any officer, agent or other person acting for, or employed by, any corporation or unincorporated association or organization shall be subject and liable to punishment as well as the corporation or unincorporated association or organization for the violation by it of any provision of this code, where the violation was the act or omission, or the result of the act, omission or order of any person. SECTION 10.98 ORDINANCE SUMMONS

Any person or entity violating any provision of this code of ordinances, or any code adopted pursuant thereto, within the corporate limits of the City of Folly Beach, may be issued a uniform ordinance summons. Issuance of the uniform ordinance summons shall vest jurisdiction in the municipal court to hear and dispose of the charge for which the uniform ordinance summons is issued and served. The uniform ordinance summons may be issued by any enforcement officer authorized by state law or any other city employees

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designated by the council as code enforcement officers. The bond amount for violation shall be prescribed by the chief municipal court judge. Code enforcement officers are prohibited from accepting bonds. Bonds are to be posted in the manner prescribed in the uniform ordinance summons. The uniform ordinance summons shall not be used to perform a custodial arrest.

This section does not apply to any ordinance which regulates the use of motor vehicles on the public roads.

SECTION 10.99 GENERAL PENALTY. (A) Where an act or omission is prohibited or declared unlawful in this code of ordinances, and no penalty of fine or imprisonment is otherwise provided, the offender shall be fined not more than $500 or imprisoned for not more than 30 days. However, no penalty shall exceed the penalty provided by state law for similar offenses. A separate offense shall be deemed committed on each day that a violation occurs or continues. (B) In addition to the penalties provided in division (A) above, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance, and may be abated by the municipality as provided by law. Statutory reference: Maximum penalty under state law, S.C. Code § 5-7-30 ADOPTED this 8th day of September, 2020, at Folly Beach, South Carolina.

Ayes: Nays: Abstains:

__________________________

Municipal Clerk Tim Goodwin, Mayor

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CITY OF FOLLY BEACH

1st Reading: June 29, 2020 Introduced by: Mayor Goodwin Amended: July 2, 2020 2nd Amendment: July 16, 2020 3rd Amendment: September 8th, 2020

No Second Reading per S.C. Code § 5-7-250 Date: September 8th, 2020

ORDINANCE 11-20 (THIRD AMENDMENT)

AN EMERGENCY ORDINANCE REQUIRING THAT FACE COVERINGS OR MASKS BE WORN IN PUBLIC IN THE CITY OF FOLLY BEACH. AMENDMENT

The City Council of Folly Beach, South Carolina, duly assembled, hereby ordains that the following Emergency Ordinance be adopted pursuant to South Carolina Code § 5-7-250:

WHEREAS, it is well recognized that SARS-CoV-2, the virus that causes the disease COVID-19, presents a public health concern that requires extraordinary protective measures and vigilance; and

WHEREAS, on March 11, 2020, the World Health Organization (WHO) declared COVID-19 a pandemic; and

WHEREAS, on March 13, 2020, the President of the United States has declared a National Emergency for the United States and its territories in an effort to reduce the spread of the virus; and

WHEREAS, the Centers for Disease Control (CDC) currently has a Level 3 travel advisory in place that covers the entire world, including the United States; and

WHEREAS, the Governor of South Carolina declared a State of Emergency on March 13, 2020, to enhance the State’s response to the COVID-19 virus’s impact on the State; and

WHEREAS, the Mayor of the City of Folly Beach declared a State of Emergency within the City on March 16, 2020, and his proclamation was adopted by City Council on March 20, 2020; and

WHEREAS, City Council adopted several versions of a prior Emergency Ordinance in the past three months, but most restrictions on citizens and visitors were lifted in early May, in accord with the actions of the State, the County, and most other municipalities also lifting most restrictions imposed to limit the spread of the pandemic; and

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WHEREAS, since the lifting of restrictions, the State, County, and City has seen a resurgence in the spread of COVID-19; and

WHEREAS, as reported by the South Carolina Department of Health and Environmental Control (SCDHEC), as of June 29, 2020, the total number of confirmed cases in South Carolina is 34,546, with total possible cases of 246,757. In Charleston County, the total number of reported cases is 3,653 with total possible cases of 26,093. The City of Folly Beach has had 15 confirmed cases, with a total estimated cases of 107; and

WHEREAS, both South Carolina and Charleston County have had more new daily cases reported in the last week than ever reported previously. On June 19, 2020, South Carolina reported 1,159 new cases, more than ever previously reported. On June 21, 2020, Charleston County reported 214 new cases, more than ever previously reported; and

WHEREAS, many businesses located on Folly Beach have recently re-closed due to multiple employees testing positive for the virus; and

WHEREAS, citizens and visitors, particularly within the commercial district of the City and within its businesses, have had a low rate of mask usage and have infrequently engaged in voluntary social distancing and other actions designed to impede the social transmission of the virus; and

WHEREAS, the CDC and SCDHEC have repeatedly advised the use of cloth face coverings to slow the spread of COVID-19; and

WHEREAS, face coverings can decrease the spread of respiratory droplets from people, and evidence has grown, showing in numerous recent studies that the use of face coverings decreases the spread of COVID-19 within populations; and

WHEREAS, taking measures to control outbreaks minimizes the risk to the public, maintains, the health and safety of the City’s residents and visitors, and limits the spread of infection in our communities and within the healthcare delivery system; and

WHEREAS, cases in South Carolina and Charleston County continue to grow. In the last two weeks, according to DHEC, Charleston County has reported 4,159 new cases, more than any other County in South Carolina; and

WHEREAS, the City has determined that it is imperative to reduce social transmission in all areas of the City, including the beach. Other local beachfront towns have enacted or are considering new emergency ordinances restricting activities on the beach to encourage social distancing and reduce social transmission; and

WHEREAS, South Carolina Governor Henry McMaster by Executive Order No. 2020-28 has explicitly authorized the City to close, in whole or in part, or otherwise restrict the use of any such public beach access points or otherwise restrict the use of any adjacent or

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associated public parking lots or other public facilities if it is determined that such action is necessary to preserve or protect public health; and

WHEREAS, Sections 5-7-30 (the “Home Rule Statute”) and 5-7-250 of the South Carolina Code of Laws, as well as the Governor’s Orders, all empower Council to enact emergency ordinances affecting life, health, or safety; and

WHEREAS, the South Carolina Attorney General on June 24, 2020 has issued an opinion that municipalities are authorized to issue ordinances requiring the public use of masks; and

WHEREAS, in light of the foregoing and in order to protect, preserve, and promote the general health, safety, and welfare and the peace and order of the community, the City is taking steps to try to protect its citizens, employees, and visitors from increased risk of exposure, City Council of the City of Folly Beach deems it proper and necessary to adopt this emergency ordinance;

NOW BE IT THEREFORE ORDAINED that the following emergency procedures are hereby adopted and to remain in effect until September 14, 2020, subject to termination or extension by Council:

1. Council and the Mayor formally declare a State of Emergency due to aresurgence in known cases of COVID-19 within the City and surrounding areas. Council also confirms that the Mayor, or the Mayor Pro Tempore in his absence, can exercise the emergency powers granted to the Mayor pursuant to City of Folly Beach Ordinance § 35.05.

2. At the discretion of the Mayor, City Hall is closed and moved to a virtual, phone, and dropbox operation until further notice. The Mayor has discretion to open City Hall to transactions that are deemed safe.

3. City Council members and staff will be authorized during this State ofEmergency to attend meetings of Council, boards, and committees via teleconference at their discretion.

4. The public will not be allowed to attend Council, board, or committeemeetings, or any other City meetings, in person. Meetings will still be broadcast. Measures will be taken to allow the public to submit comments prior to any meeting by emails, which will be included in the public record of the meeting.

5. All deadlines imposed by City Ordinance or rule, applicable to the municipalityor any applicant, shall be suspended, during this temporary period.

6. The City Administrator is authorized to develop and enact a plan in order toensure continuity in the delivery of government services in light of the COVID-19 outbreak.

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7. The City Administrator is authorized to cancel and revoke any special eventspermits issued prior to the date of this ordinance for events taking place until September 14, 2020.

MASK PROVISIONS

8. “Face Covering” or “mask” means a cloth, fabric, or other soft or permeablematerial, without vents or holes, that securely covers both the mouth and nose and remains affixed in place without the use of one’s hands. Face Coverings include, but are not limited to, medical masks, N-95 respirators, face shields, scarves, handmade masks, bandanas, and neck gaiters such that they securely cover the person’s nose and mouth.

9. Every person working, living, visiting, or doing business in the City of FollyBeach is required to wear a Face Covering while in any indoor or outdoor public place. This includes but is not limited to:

a. Inside a building open to the public;b. Waiting to enter a building open to the public;c. Interacting with other people in outdoor spaces, including, but not

limited to, curbside pickup, delivery, and service calls; and d. Walking in public where maintaining a distance of six (6) feet between

other members of public at all times is not possible.

10. The following persons are exempted from the Face Covering requirement:

a. Persons under the age of three years old; orb. Persons for whom a face covering would cause impairment due to an

existing health condition or disability; or c. Persons in personal vehicles; ord. Persons while outside and while maintaining a minimum of six (6) feet

from other people, other than members of their household, at all times; or e. Customers seated in a restaurant or bar while actively eating or

drinking so long as they maintain a minimum of six (6) feet from other persons in the establishment, other than members of their households. The server and other front of the house staff must wear a Face Covering during these interactions; or

f. Persons alone or with members of their household in an enclosedspace.

g. Persons acting in compliance with directions of law enforcementofficers.

11. Businesses are responsible for enforcing this Emergency Ordinance andsubject to the penalties included herein for violations occurring inside of their business, including outdoor areas, and in public areas wherein customers are dining, eating, or waiting to be served or seated.

a. Businesses must require all employees to wear a Face Covering at alltimes.

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b. Businesses are required to post a notice in their business visible tocustomers entering the business or waiting to enter the business informing customers that the use of Face Coverings by customers and employees is mandated by law. Failure to post such a notice is a violation of this Emergency Ordinance.

c. If a customer refuses to comply with the Emergency Ordinance andrefuses to vacate the business and is not covered by one of the exemptions, the business shall promptly notify a Public Safety Officer or the Folly Beach Public Safety Dispatch office. If a business complies with this provision by posting the notice and informing Public Safety of a failure to comply, the business will not be in violation of this Emergency Ordinance as a result of the action of the noncomplying customer.

d. If a customer is excluded from requiring a Face Covering pursuant toSection 10 of this Emergency Ordinance, the business may choose to offer curbside service, provide home delivery, or use some other reasonable measure to deliver its goods or services.

e. Businesses are strongly encouraged to follow all CDC and industryguidelines on face coverings, social distancing, occupancy, and sanitation procedures. Businesses are encouraged to not hold any events that may create situations where occupancy limits are exceeded, or social distancing is not possible. Art villages, famers markets, and other vendor-based events are prohibited, unless a mobile vendor has been in place continuously for longer than 30 days, until the emergency ordinance expires.

f. During the duration of this emergency order, businesses shall notallow live entertainment, including but not limited to bands, DJ’s, karaoke, bingo, trivia, contests, or other crowd drawing activity after 9:00pm. This is recognized as a temporary alteration of the City’s existing noise ordinance, Section 131.32.

12. No Parking in any City Right of Way EXCEPTa. Vehicles parked in a paid parking space and properly paid; orb. Vehicles properly displaying a resident parking decal; orc. Vehicles parked in the right of way adjacent to a rental home displaying a

valid booking contract for that address; or d. Vehicles parked in an ADA parking space displaying a valid ADA placard or

license plate; or e. Vehicles parked in the commercial zoning districts between 6:00PM and

6:00AM; orf. Vehicles legally parked in the right of way of Arctic Avenue.

During this Emergency Ordinance, the fine for parking violations will be $150.00 except ADA violations which are still $1,000.00.

13. Any failure to comply with this Emergency Ordinance, including efforts tocircumvent this ordinance, may be penalized a) as a civil infraction fine of $100.00. Each day of a continuing violation shall be considered a separate and distinct offense. Such infractions may be issued by the City’s licensing official, code enforcement officers, or public safety officers. Appeals of such infractions shall be heard by the City’s hearing officer in accord with the provisions of Section 110.18, or b) in addition to the fines established in this section,

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three (3) violations of this Emergency Ordinance by a licensed business may result in suspension or revocation of the business license pursuant to provisions of Section 110.17 of the City of Folly Beach Code of Ordinances, or c) as a violation of S.C. Code Section 16-7-10 (Illegal acts during state of emergency, or d) any other penalties provided by City or State law, including penalties granted pursuant to Executive Orders issued by the South Carolina Governor. In addition, the Governor has authorized cities to seek an injunction, mandamus, or other appropriate legal action in the courts of the State to enforce orders.

14. Citizens, businesses and visitors are reminded that the City remains specificallyempowered by the Executive Orders issued by Governor Henry McMaster and by South Carolina law to enforce the following regulations:

a. prohibit or disperse any congregation or gathering of people in anypublic area in groups of three (3) or more people, if any law enforcement official determines that such congregation or gathering of people poses, or could pose, a threat to public health. Executive Order No. 2020-13, Section 1.C. The failure to wear a mask 1) in any business when not seated in a chair and socially distanced, or 2) in any outdoor public area when not socially distanced, will be deemed a violation of Executive Order 2020-13, Section 1.C, and

b. close in whole or in part any public beach access points if it isdetermined that such action is necessary to preserve or protect public health. Executive Order 2020-28, Section 1.A; and

c. persons are allowed to engage in outdoor exercise or recreationalactivities, including on the beach, only if a minimum of (6) feet is maintained during such activities between all persons who are not occupants of the same residence. Executive Order No. 2020-21, Section 1(E); and

d. charge persons for failing or refusing to comply with any lawful orderor direction of any law enforcement officer, S.C. Code Section 16-7-10(A)(1)(c).

The violation of any of these provisions will result in criminal misdemeanor charges under state law and, upon conviction, a fine of $100.00 or imprisonment of up to thirty days. S.C. Code Section 16-7-10(a).

15. During the term of this Emergency Ordinance, any ordinance, resolution, policy,or bylaw of the City that conflicts with the provisions hereof shall be and is hereby suspended and superseded.

16. Should any provision, section, paragraph, sentence or word of this EmergencyOrdinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this Emergency Ordinance as hereby adopted shall remain in full force and effect.

17. This Emergency Ordinance shall take effect at noon the day after its adoption byCity Council.

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18. All measures taken herein are subject to modification, repeal, or additionalrestrictions as required by changes in the pandemic, including increased incidence, rate of spread in the Charleston region, and rate of compliance.

19. Statewide price gouging rules are in effect for all businesses and shall be enforced.

20. This emergency ordinance shall be terminated or extended by the issuance ofanother ordinance or shall automatically expire on September 14, 2020.

AMENDED AND ADOPTED this 8th day of September 2020, at Folly Beach, South Carolina.

Ayes: Nays: Abstains:

__________________________ Municipal Clerk Tim Goodwin, Mayor

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CITY OF FOLLY BEACH

1st Reading: Introduced by: Mayor Goodwin 2nd Reading: Date: September 8th, 2020

ORDINANCE 15-20

AN ORDINANCE AMENDING CHAPTER 163 (ZONING DISTRICTS), SECTION 163.05 (OVERLAY DISTRICT) BY ADOPTING THE RECOMMENDATION OF THE RETHINK FOLLY ROAD CORRIDOR STUDY TO REQUIRE A 12 FOOT WIDE MULTI-USE PATH TO BE INSTALLED UPON DEVELOPMENT OR REDEVELOPMENT OF ANY NON SINGLE FAMILY USE PROJECT WITHIN THE FOLLY ROAD CORRIDOR OVERLAY.

The City Council of Folly Beach, South Carolina, duly assembled, hereby ordains that the Folly Beach Code of Ordinance be amended as follows:

NOTE: Deleted material struck through, new material shown in red,

SECTION 163.05-02 FOLLY ROAD CORRIDOR OVERLAY DISTRICT (FCOD).

(A) Purpose and intent. The intent of these provisions is to create a corridor that is well-plannedand attractive through the implementation of land use and design standards that are consistent with adjacent jurisdictions and the utilization of traffic safety measures and access management for vehicles and pedestrians to ensure safe and efficient traffic movement. The portion of the FCOD located in the City of Folly Beach is intended to provide a natural scenic open space before entering the City of Folly Beach by preserving the marsh views and vistas of this area.

(B) Location. The FCOD extends from Tatum Road in the Town of James Island south to the FollyRiver Bridge in the City of Folly Beach, as depicted on the official zoning map.

(C) Conflict. The FCOD zoning district regulations of this chapter apply in addition to theunderlying (base) zoning district regulations. In case of conflict between the FCOD regulations and other regulations in this ZDO, the most restrictive regulations shall control.

(D) Applicability. The standards in this section shall apply to all uses within the FCOD exceptsingle-family residential development.

(E) District-specific standards. All development (except single-family residential uses) within theFCOD shall comply with the following standards:

(1) Streetscape buffer along Folly Road.

(a) Except when reduced in accordance with this section, all development shall maintain a 25-foot vegetated streetscape buffer from the Folly Road right-of-way.

(b) Required buffers from the Folly Road right-of-way may be reduced by the DRB when:

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1. The principal structure is placed within the area occupied by the perimeter buffer; and

2. All off-street surface parking is placed to the side or rear of the structure.

(c) Fencing may be required to screen adjacent residential uses.

(2) Perimeter buffers. All development shall comply with the perimeter buffers in § 166.02,Landscaping Standards, and shall maintain a 25-foot vegetated buffer from marshlands, wetlands, and other sensitive natural features. Vegetated buffers between uses and environmental features shall be configured in accordance with the following standards:

(a) Existing vegetation shall be maintained to the maximum extent practicable;

(b) New plantings shall consist of native or naturalized species;

(c) At least 50% of newly-planted understory screening material shall be evergreen;

(d) Stormwater conveyance measures are allowed within buffer areas only in cases whereexisting trees are not affected.

(3) Accessory structures. Accessory structures shall be limited to nonresidential principal uses,and shall not exceed 25% of the principal structure’s heated square footage.

(F) Dimensional standards.

(1) Maximum building height shall be limited to 35 feet above base flood elevation.

(2) Maximum height of multifamily housing shall be limited to 24 feet above base floodelevation.

(3) Maximum lot coverage shall not exceed 30% of a lot’s high ground area.

(4) Development shall be setback at least 25 feet from the OCRM critical line.

(G) Sign standards. Freestanding signs shall be monument style, limited to one per streetfrontage, and shall comply with the following standards:

(1) Maximum sign face area shall be limited to 40 square feet for individual signs and 100square feet for shared shopping center signs;

(2) Signage shall have a maximum of two faces per sign;

(3) Sign height for individual signs shall be limited to a maximum of six feet. Sign height forshared shopping center signs shall be limited to a maximum of ten feet; and

(4) Signs may not be internally illuminated.

(5) Electronic message boards shall be prohibited, except those by a duly constitutedgovernmental body and approved by City Council.

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(H) Pedestrian circulation. New development and redevelopment shall meet the sidewalk andpedestrian circulation standards in the ZDO as well as the following:

(1) Grade-separated pedestrian walkways shall be provided from the public sidewalk system toa principal structures primary entrance;

(2) Pedestrian walkways shall be designed and located in a manner that does not requirepedestrians to walk through parking lots;

(3) Bike and pedestrian ways shall be included in site design and shall provide a continual linkto access adjacent parcels along Folly Road. A separated 12-foot multi-use path along the frontage of the parcel shall be installed. Right of way buffers may be reduced to accommodate the provision of a multi-use path. The Zoning Administrator shall be authorized to reduce the width of the required multi-use path if conflicts with trees, utilities, or other conditions exist that would render the required width unfeasible.

(I) Vehicle access. New development shall meet the vehicle access standards in the ZDO as well asthe following:

(1) All parcels in this overlay zoning district with a future or current residential land usedesignation are allowed one curb cut per 150 feet of road frontage; all other commercial uses are allowed one cut every 250 feet.

(2) Proposed new access drives shall be a minimum distance of 75 feet from a streetintersection measured from the edge of the intersecting roadway to the beginning of the driveway radius. These minimum spacing requirements will be increased if a right turn deceleration lane is required and shall equal the length of the turn lane and taper plus an additional distance of 50 feet.

(3) All applications for development of non-residential uses shall include a suitable accessmanagement plan demonstrating that the driveway separation requirements can be met. The following techniques may be employed to achieve this result, but the burden of accomplishing the desired effect remains with the developer of the property:

(a) Aggregation of parcels;

(b) Parallel frontage or backage roads;

(c) Shared curb cuts between adjoining properties; and

(d) Shared access easements between parcels.

(J) Traffic study. A traffic impact analysis shall be required in all instances in which the proposeddevelopment area exceeds three acres or generates 100 or more peak hour vehicle trips. Such traffic impact shall be prepared by a qualified professional and shall meet the standards required by Charleston County for properties in the FCOD.

(K) Coordination with other jurisdictions. A letter of coordination from the Town of James Island,City of Charleston, and/or City of Folly Beach shall be a required part of all land development

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applications, dependent upon overlay zoning district area. The purpose of the letter of coordination is to ensure that each jurisdiction is aware of proposed development and that there is consistency in land use, density/intensity and dimensional standards, and design and development standards adopted by the jurisdictions. Coordination with applicable town, city or county: Council, Planning Commission, Staff, Design Review Board or other review, recommendation, or decision making bodies may be required.

(L) The following uses are prohibited in the FCOD:

(1) Tattoo parlors;

(2) Vehicle storage;

(3) Boat/RV storage;

(4) Hotels and motels;

(5) Shooting ranges;

(6) Automobile dealerships;

(7) Billboards; and

(8) Gun shops.

(M) The following uses are allowed as special exceptions in the FCOD:

(1) Liquor, beer, or wine sales;

(2) Bar or lounge;

(3) Vehicle repair;

(4) Fast food restaurant; and

(5) Indoor recreation.

(Ord. 05-10, passed 3-23-10; Am. Ord. 04-14, passed 3-11-14; Am. Ord. 02-17, passed 4-11-17)

ADOPTED this ___ day of _______________, 2020, at Folly Beach, South Carolina.

Ayes: Nays: Abstains:

__________________________ Municipal Clerk Tim Goodwin, Mayor

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MEMORANDUM September 2, 2020

To: City of Folly Beach City Council

From: Ernie Boughman, AICP Director of Operations, Southeastern U.S.

Project: Rethink Folly Road Program Management – Multi-use Path Requirements

Members of City Council:

Toole Design has drafted this memorandum to assist local leaders in making an informed decision regarding multi-use path requirements within the City of Folly Beach’s Folly Road Corridor Overlay District (FCOD). Included are background information from the Rethink Folly Road Plan (the Plan), a summary of similar requirements from other jurisdictions along Folly Road, and a recommendation. The information presented here is not intended to be exhaustive.

THE PLAN’S GUIDEPOSTS The Plan establishes five “Guideposts” or primary goals for improving the Folly Road Corridor. The Plan states that, “The Guideposts reflect popular agreement about the ideal future of Folly Road so that it better serves a range of users and provides increased amenities while augmenting quality of life for the area.”1 Below, the five Guideposts are considered with regard to the purpose and need of a continuous multi-use path.

1. SAFE – This Guidepost focuses on creating a safer environment for pedestrians, bicyclists, and motorists through the implementation of continuous, separated walking/biking paths and more frequent crosswalks, reduction of travel speeds and congestion, and preservation of evacuation routes. Any redevelopment of a property should facilitate the construction of a multi-use path along that property’s frontage, increasing pedestrian and bicyclist safety through separation from vehicular traffic.

2. CONNECTED – This Guidepost is concerned with creating a physical and visual environment that is truly connected and cohesive, rather than being disjointed or contradictory. A continuous multi-use path along Folly Road, as well as paths and sidewalks through and between parcels, will provide critical connectivity for pedestrians and bicyclists.

3. GREEN – This Guidepost stresses the importance of trees and landscaping along the corridor and the need to include sustainable and resilient infrastructure as part of redevelopment. While not directly related

1 Rethink Folly Road: A Complete Streets Study (2016): page 1.1

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to the multi-use path, green features will increase the comfort, safety, and enjoyment of people using the multi-use path.

4. VALUABLE – This Guidepost emphasizes that Folly Road should become a desirable place where people want to live, work, shop, and play; this will occur through improved safety and mobility and attractive, varied, and dynamic development. The Plan fosters “small, sensible changes that can be made to parcels of all sizes.”2 Inclusion of a continuous multi-use path that can accommodate people walking and bicycling simultaneously is a straightforward improvement that will increase the value of the corridor through improved accessibility, safety, and convenience.

5. SYNCED – This Guidepost ties the Plan together by stating that decisions concerning Folly Road and adjacent properties should be coordinated, regardless of the jurisdiction in which they occur. So, it is important that the City consider the development decisions of other jurisdictions when making their own development decisions. This is not to say that precedents set by other jurisdictions should dictate City decisions. Rather, the City should consider how prior decisions by other jurisdictions have already impacted the corridor, for the better or the worse, and view their own decisions through that lens.

REQUIREMENTS OF OTHER JURISDICTIONS The bullets below provide a summary of multi-use path requirements in the coordinating jurisdictions along Folly Road.

• The Town of James Island requires a separated 12-foot multi-use path along the frontage of all parcels within its Folly Road Corridor Overlay Zoning District. Required right-of-way buffer plantings can be reduced to accommodate the path if space is limited. Additionally, the Zoning Administrator is authorized to reduce the width of the path itself if conditions exist that would render the required width infeasible.

• The City of Charleston requires a multi-use path of at least 12 feet in width to be installed along the frontage of all parcels within its Folly Road Overlay Zone. The Design Review Board (DRB) reviews and approves the design of the multi-use path. If the applicant establishes that the required minimum width of the path is not feasible based on site conditions, the DRB may reduce the required right-of-way buffer width and/or the required width of the path itself.

• Charleston County is in the process of amending its Folly Road Corridor Overlay Zoning District to include a 12-foot multi-use path requirement.

As redevelopment occurs, existing requirements are resulting in implementation of the multi-use path. Specific examples include:

• ReFuel Gas Station, 334 Folly Road

• Trident Medical Center ER, 945 Folly Road

• James Island Public Service District Fire Station, 1108 Folly Road

• Autobell Car Wash, 1285 Folly Road

• AAA Car Wash, 1325 Folly Road

2 Rethink Folly Road: A Complete Streets Study (2016): page 1.8

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RECOMMENDATION On January 22, 2020, the Rethink Folly Road Steering Committee voted to recommend the inclusion of a 12-foot minimum multi-use path requirement on both sides of Folly Road as part of jurisdictional overlay districts.

Based on national best practices, Toole Design also recommends that 12 feet be the minimum width for multi-use paths on either side of Folly Road. The 2012 American Association of State Highway Transportation Officials (AASHTO) Guide for the Development of Bicycle Facilities recommends 12 feet (i.e., this recommendation will be 14 feet in the forthcoming 2020 edition). It is important to note that many times variances will be allowed due to a variety of constraints/challenges, so the required minimum will not always be achieved. If a width less than 12 feet is required, it is unlikely that 12 feet will ever be achieved.

As with all development standards decisions, careful consideration should be given by each jurisdiction. The successful implementation of the Plan is dependent on these decisions.

Please let me know if you have any questions.

Sincerely,

Ernie Boughman, AICP | Director of Operations, Southeast U.S. TOOLE DESIGN 172 E Main Street, Suite 300 | Spartanburg, SC 29306 eboughman@tooledesign.com | 864.336.2276 x140

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CITY OF FOLLY BEACH

1st Reading: September 8, 2020 Introduced by: Mayor Goodwin 2nd Reading September 22, 2020 Date: September 8, 2020

ORDINANCE 16-20

AN ORDINANCE TO PROVIDE FOR ADOPTION OF THE SECOND THROUGH THE FOURTH QUARTER FY2021 GENERAL FUND BUDGET CONTAINING ESTIMATES OF PROPOSED REVENUES AND EXPENDITURES FOR THE CITY OF FOLLY BEACH, SOUTH CAROLINA BEGINNING OCTOBER 1, 2020 AND ENDING JUNE 30, 2021.

The City Council of the City of Folly Beach, South Carolina, does hereby ordain as follows:

SECTION 1: That for the expenses of City Government and its activities for the second through the fourth quarter of the fiscal year beginning October 1, 2020 and ending June 30, 2021, the following amounts for the following purposes, are hereby appropriated:

Public Safety $ 2,759,621 Public Works $ 1,847,262 Buildings & Facilities $ 1,647,348 Administration $ 659,167 General Government $ 628,918 Information Technology $ 416,884 Council (Legislative) $ 168,459 Judicial $ 102,740 Mayor (Executive) $ 46,398 Elections $ -

TOTAL EXPENDITURES $ 8,276,797

TOTAL REVENUES $ 8,276,797

SECTION 2: That the attached line item appropriation on detail and estimated revenues are hereby incorporated herein.

SECTION 3: That a tax for the sums here in after set forth, is and shall be levied, collected, and paid into the treasury of the City of Folly Beach.

SECTION 4: That the property tax millage rate is set at 0.0369 with such tax to apply to all real estate and personal property of every description owned in the City of Folly Beach, South Carolina, except that which is exempt from taxation under the Constitution and Laws of the State of South Carolina.

SECTION 5: That the Treasurer of the County of Charleston, South Carolina, is hereby authorized to collect such taxes in conjunction with the Charleston County tax bills as

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provided by the City's existing tax collection agreement with the County of Charleston, South Carolina. The County Treasurer shall pay said taxes to the City of Folly Beach for corporate purposes, for permanent improvements, and for the purpose of paying current expenses of Folly Beach.

SECTION 6: That the billing dates, penalty dates, and amounts of penalty which shall be levied for delinquent taxes shall be the same as those in effect for the County of Charleston, South Carolina, at the time of collection.

SECTION 7: That the Sheriff of Charleston County, South Carolina, shall be responsible for the collection of delinquent taxes as provided in the agreement with the County of Charleston.

SECTION 8: Upon presentation of audited financial results for the fiscal year, Council will reassess its unreserved General fund balance to ensure that its balance is currently above a minimum $2,000,000 balance as set forth in the adopted City Finance Policies and Procedures Handbook.

SECTION 9: Upon presentation of audited financial results for the fiscal year, Council will reassess its current and proposed capital projects and consider the reservation of any excess contributions to the unreserved General fund balance after its consideration of section 8 of this ordinance.

All ordinances, or parts of ordinances, inconsistent with or contravening this ordinance, are hereby repealed.

EFFECTIVE DATE: October 1, 2020

ADOPTED this 22nd day of September 2020, at Folly Beach, South Carolina.

Ayes: Nays: Abstains:

______________________________ Municipal Clerk Tim Goodwin, Mayor

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CITY OF FOLLY BEACH

1st Reading: September 8, 2020 Introduced by: Mayor Goodwin 2nd Reading: September 22, 2020 Date: September 8, 2020

ORDINANCE 17-20

AN ORDINANCE ESTABLISHING THE WATER UTILITY BUDGET AND APPROPRIATING THE NECESSARY FUNDS FOR THE OPERATION OF THE FOLLY BEACH WATER UTILITY FOR THE SECOND THROUGH THE FOURTH QUARTER OF FY2021, BEGINNING OCTOBER 1, 2020 AND ENDING JUNE 30, 2021.

The City Council of the City of Folly Beach, South Carolina, does hereby ordain as follows:

SECTION 1. The operational budget for the Water Utility of the City of Folly Beach for the second through the fourth quarter of FY2021 is hereby established as follows:

Operational Expenses $ 929,598 Salaries & Benefits $ 190,104 Contracts $ 37,619 Payment in Lieu of Tax $ -

TOTAL EXPENDITURES $1,157,321 TOTAL REVENUES $ 844,855

SECTION 2. There is hereby appropriated out of the Water Utility revenues for the second through the fourth quarter of FY2021 to the various purposes in the budget presented above.

SECTION 3. All receipts of the Water Utility of the City of Folly Beach not appropriated as set forth above, shall be placed in a surplus account and shall not be transferred except by resolution of the City Council.

SECTION 4. The effective date of this ordinance is October 1, 2020.

ADOPTED this 22nd day of September 2020, at Folly Beach, South Carolina.

Ayes: Nays: Abstains:

______________________________ Municipal Clerk Tim Goodwin, Mayor

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CITY OF FOLLY BEACH

1st Reading: September 8, 2020 Introduced by: Mayor Goodwin 2nd Reading: September 22, 2020 Date: September 8, 2020

ORDINANCE 18-20

AN ORDINANCE ESTABLISHING THE SEWER UTILITY BUDGET AND APPROPRIATING THE NECESSARY FUNDS FOR THE OPERATION OF THE FOLLY BEACH SEWER UTILITY FOR THE SECOND THROUGH THE FOURTH QUARTER OF FY2021, BEGINNING OCTOBER 1, 2020 AND ENDING JUNE 30, 2021.

The City Council of the City of Folly Beach, South Carolina, does hereby ordain as follows:

SECTION 1. The operational budget for the Water Utility of the City of Folly Beach for the second through the fourth quarter of FY2021 is hereby established as follows:

Operational Expenses $ 468,752 Salaries & Benefits $ 75,928 Contracts $ 30,120

TOTAL EXPENDITURES $ 574,800 TOTAL REVENUES $ 536,315

SECTION 2. There is hereby appropriated out of the Sewer Utility revenues for the second through the fourth quarter of FY2021 to the various purposes in the budget presented above.

SECTION 3. All receipts of the Sewer Utility of the City of Folly Beach not appropriated as set forth above, shall be placed in a surplus account and shall not be transferred except by resolution of the City Council.

SECTION 4. The effective date of this ordinance is October 1, 2020.

ADOPTED this 22nd day of Sepember 2020, at Folly Beach, South Carolina.

Ayes: Nays: Abstains:

______________________________ Municipal Clerk Tim Goodwin, Mayor

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CITY OF FOLLY BEACH

1st Reading: September 8th, 2020 Introduced by: Mayor Goodwin 2nd Reading: Date: September 8th, 2020

ORDINANCE 19-20

AN ORDINANCE AMENDING CHAPTER 95 (ANIMALS) OF THE FOLLY BEACH CODE OF ORDINANCES, SECTION 95.09 (ANIMAL TAGS) BY ELIMINATING THE FEE FOR ANIMAL TAGS.

The City Council of Folly Beach, South Carolina, duly assembled, hereby ordains that the Folly Beach Code of Ordinance be amended as follows:

NOTE: Deleted material stuck through, new material in red:

SECTION 95.09 ANIMAL TAGS.

(A) An animal services officer The Department of Public Safety shall annually provide asufficient number of metal tags, suitable for animals to be fastened to the animal's collar. This tag shall be delivered provided at no charge to the person holding, keeping or harboring the animal, upon application to the City. payment of a sum as fixed from time to time by the City Council. The name and address of the person to whom the tag has been issued shall be kept on file in the animal services officer's office the Department of Public Safety for the purpose of identification in case the tag should be at any time lost, stolen, or otherwise misappropriated. It is further provided that this section shall not apply to persons living in the cCity temporarily for a period of less than 30 days; however, the person is not relieved of the responsibility under the other sections of this chapter.

(B) If the license tag is lost, a new tag may be issued for a fee as established from time totime by the City Council at no charge.

(C) Senior citizens, 55 years of age or older, will be allowed to register their animals freeof charge.

(`95 Code, § 6-3-9) (Ord. 89-2, passed 11-17-89; Am. Ord. 07-99, passed 2-16-99; Am. Ord. 03-02, passed 3-26-2002)

ADOPTED this ___ day of _______________, 2020, at Folly Beach, South Carolina.

Ayes: Nays: Abstains:

__________________________ Municipal Clerk Tim Goodwin, Mayor

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CITY OF FOLLY BEACH

1st Reading: September 8th, 2020 Introduced by: Mayor Goodwin 2nd Reading: Date: September 8th, 2020 ORDINANCE 20-20

AN ORDINANCE AMENDING CHAPTER 73 (GOLF CARTS AND LOW SPEED VEHICLES) OF THE FOLLY BEACH CODE OF ORDINANCES, SECTION 73.05 (CITY GOLF CART PERMITS) BY ELIMINATING THE FEE FOR RESIDENTIAL GOLF CART PERMITS.

The City Council of Folly Beach, South Carolina, duly assembled, hereby ordains that the Folly Beach Code of Ordinance be amended as follows:

NOTE: Deleted material stuck through, new material in red:

SECTION 73.05 CITY RESIDENTIAL GOLF CART PERMITS.

(A) Application for a city permit shall be made to the Department of Public Safety before a golf cart may be driven on any street in the city. The permits shall be valid from January 1 to December 31 each year. The following fees shall apply:

(1) Fee of $5 for all golf cart permits issued to full-time residents and $10 for owners of second homes or part-time residents. There shall be no fee for golf cart permits for carts registered by residents or property owners for personal use. Rental golf carts shall display a rental decal subject to § 73.06(H).

(2) No charge for any person 65 years of age or older who is a permanent resident, living full-time at the premise or the premise is a second home for the person for whom the permit is issued.

(B) The following must be presented to the Department of Public Safety to obtain or renew a permit:

(1) Proof of registration with the South Carolina Department of Motor Vehicles;

(2) A certification that the golf cart has a rear view mirror and is otherwise in safe operating condition; and

(3) A certification:

(a) That the owner has read this chapter or a city-prepared document that explains the laws related to golf carts; and

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(b) That the owner will not allow anyone to operate the golf cart until that person has also reviewed the rules.

(C) A lost or stolen decal may be replaced upon payment of a fee of $ 10 and the execution of a sworn statement that the decal was lost or stolen. No decal shall be replaced more than once in any calendar year.

(D) If a golf cart is parked on a street, right-of-way, or other public property without a valid city golf cart permit, the Department of Public Safety or anyone who has been approved by the Department or City Council shall be authorized to issue a parking citation and to impound or immobilize the vehicle.

(E) If a golf cart is parking in a city-operated paid parking area the driver must pay to park unless they have a valid residential or non-residential parking pass displayed. A golf cart permit decal shall not be used as a residential or non-residential parking pass and does not entitle the owner or driver of the golf cart to park in city-operated paid parking areas.

(Ord. 27-12, passed 10-23-12; Am. Ord. 23-17, passed 8-8-17; Am. Ord. 15-19, passed 6-11-19)

SECTION 73.06 RENTAL OF GOLF CARTS AND LOW SPEED VEHICLES.

(A) A business that rents golf carts must have all licenses required by law.

(B) Each rented golf cart or low speed vehicle shall have the rental company’s name affixed to the cart in such a manner as to be clearly visible.

(C) A company that rents golf carts or low speed vehicles shall rent only to an individual who:

(1) Is at least 18 years old;

(2) Has a valid driver’s license; and

(3) Signs a certification that all persons who will operate the golf cart or low speed vehicle have read or will read this chapter or a city-prepared document that explains the applicable laws.

(D) Rental companies shall keep copies of all rental contracts, certifications, and the renters’ drivers’ licenses for at least one year.

(E) All golf cart or low speed vehicle rental companies must have a local contact who can physically respond to the site within 30 minutes in case of emergency or other need by the city.

(F) Any rental golf cart or low speed vehicle must be registered to a physical address in Downtown Commercial District or Island Commercial District.

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(G) All rented golf carts must display label in plain sight of driver with the following content:

(1) Operate during day light hours;

(2) Do not drive on Center Street or Folly Road, can cross Center Street;

(3) Must be 18 years of age, with a valid driver's license;

(4) Must use hand signals when turning and stopping;

(5) Subject to all traffic and parking rules; and

(6) Occupants not to exceed number of seats; and

(7) Must pay to park in any city-operated paid parking area.

(H) Businesses shall obtain and display a rental golf cart or low speed vehicle (LSV) decal.

(I) (1) Rental decals will be issued by the city for a fee to be set by Council.

(2) Rental decals shall be affixed on left rear and left front fender.

ADOPTED this ___ day of _______________, 2020, at Folly Beach, South Carolina.

Ayes: Nays: Abstains:

__________________________ Municipal Clerk Tim Goodwin, Mayor

56

CITY OF FOLLY BEACH

1st Reading: September 8th, 2020 Introduced by: Mayor Goodwin 2nd Reading: Date: September 8th, 2020

ORDINANCE 21-20

AN ORDINANCE AMENDING TITLE XI (BUSINESS REGULATIONS) OF THE FOLLY BEACH CODE OF ORDINANCES BY AMENDING SECTION 110.37 (CLASS 8 RATES) TO RAISE THE BASE FEE FOR CLASS EIGHT SHORT TERM RENTAL LICENSES BY $100.

The City Council of Folly Beach, South Carolina, duly assembled, hereby ordains that the Folly Beach Code of Ordinance be amended as follows:

NOTE: Deleted material struck through, new material shown in red,

SECTION 110.37 CLASS 8 RATES.

Each NAICS Number designates a separate sub-classification. The businesses in this section are treated as separate and individual subclasses due to provisions of State Law, regulatory requirements, service burdens, tax equalization considerations, and the like, which are deemed to be sufficient to require individually determined rates.

NAICS # Type of Business

713120

Amusement Machines (Cont’d) (1) Operator of machine $12.50 Per machine

(S.C. Code § 12-21-2746) Plus $12.50 business license (For operation of all machines, not on gross income)

(2) Distributor selling or leasing machines(Not licensed by State as an operator, S.C. Code § 12-21-278)

First $2,000 Gross Income $200.00 Over $2,000 3.00/thousand

713290

Amusement Machines, coin operated – non payout Amusement machines of the non payout type or in-line pin game licensed by SC Department of Revenue pursuant to S.C. Code § 12-21-2720(A)(3) Type III.

(1) Operator of machine (owner of business) $180.00 per machine (S.C. Code § 12-21-2720(B)) Plus $12.50 business license

(2) Distributor selling or leasing machines (not licensed by the State as anoperator pursuant to S.C. Code § 12-21-2728. [Nonresident rates apply]

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First $2,000 Gross Income $50.00 Over $2,000 1.80/thousand

713950 Bowling Alleys $150.00 1.75/thousand

713990

Billiard or Pool Rooms, all types If income is not reported in gross income of business where located, the following rates apply. First $2,000 Gross Income $100.00 Over $2,000 1.60/thousand

711190 Carnivals and Circuses First $2,000 Gross Income $200.00 Over $2,000 3.75/thousand

711310 Promotors First $2,000 Gross Income $200.00 Over $2,000 3.00/thousand

721199

All Other Traveler Accommodation This U.S. industry comprises establishments primarily engaged in providing short-term lodging (except hotels, motels, casino hotels, and bed-and-breakfast inns). All short term residential rentals in the City shall be classified under this code.

First $2,000 Gross Income $145 245 dollars Over $2,000 2.75/thousand

ADOPTED this ___ day of _______________, 2020, at Folly Beach, South Carolina.

Ayes: Nays: Abstains:

__________________________ Municipal Clerk Tim Goodwin, Mayor

58

CITY OF FOLLY BEACH

1st Reading: September 8th, 2020 Introduced by: Mayor Goodwin 2nd Reading: Date: September 8th, 2020

ORDINANCE 22-20 AN ORDINANCE AMENDING CHAPTER 134 (OFFENSES AGAINST PUBLIC WELFARE) OF THE FOLLY BEACH CODE OF ORDINANCES BY REPEALING AND REPLACING SECTIONS 134.50-134.54 AND AMENDING SECTION 134.99 (PENALTY) TO REQUIRE A PERMIT FOR MOORING; PROHIBIT MOORING WITHIN CERTAIN DISTANCES OF PUBLIC BOAT LANDING, BRIDGES, PRIVATE DOCKS AND MARINAS; PROHIBIT DERELICT OR ABANDONED VESSELS; AND GIVING THE DEPARTMENT OF PUBLIC SAFETY AUTHORITY TO SEIZE AND TOW VESSELS IN VIOLATION.

The City Council of Folly Beach, South Carolina, duly assembled, hereby ordains that the Folly Beach Code of Ordinance be amended as follows:

NOTE: Deleted material struck through, new material shown in red,

SECTION 134.50 DEFINITIONS For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED BOATS “Abandon” or “abandoned” means any watercraft that has been moored, stranded, wrecked, sinking, or sunk, and has been left unattended for longer than forty-five days. A water craft is not abandoned if it is legally moored on private property. (SC Code 50-21-10)

BOAT or VESSEL Every description of watercraft used or capable of being used as a means of transportation on the water, except a seaplane or a fishing raft. (SC Code 50-21-10)

DERELICT VESSEL means a vessel that has been left unattended and is in significant disrepair, such that the condition may affect the seaworthiness of the vessel or affect the safety of the public or the environment.

PERSON means an individual, a partnership, a firm, a corporation, an association, or other legal entity. (SC Code 50-21-10)

PUBLIC SAFETY means the Folly Beach Department of Public Safety.

SECTION 134.51 MOORING PROHIBITED

Within the territorial limits of the City of Folly Beach, mooring or anchoring is prohibited within one mile of any public boat landing or public bridge or within 100 feet of any other

59

legally anchored vessel, any private, properly permitted mooring, or any private, properly permitted dock or marina without the written permission of the owner.

SECTION134.52 DERELICT VESSELS PROHIBITED

(A) It shall be unlawful to anchor, moor or ground on the public land or waters of this City,or on private property without permission of the property owner, any derelict vessel.Indicators that a vessel is derelict include, but are not limited to, the following:

1) Improper, non-working, or no anchor light;2) Vessel is neglected, or substantially dismantled, or improperly maintained, or is not

able to be used for navigation as intended;3) Vessel does not comply with current registration requirements;4) Vessel is barnacle-laden;5) Vessel interior is exposed to the elements (rain, waves, etc.);6) Vessel is listing;7) Vessel is aground;8) Vessel is in danger of breaking or dragging its mooring;9) Vessel is sinking;10) Vessel is abandoned; or11) Vessel fails to display a City of Folly Beach permit as required in § 134.54.

(B) Pursuant to S.C. Code 50-21-190 it is unlawful to abandon a watercraft or outboardmotor on the public land or waters of this State or the City or on private property withoutpermission of the property owner. This section does not apply to persons who abandon awatercraft in an emergency for the safety of the person onboard; however, after theemergency is over, the owner and operator of the abandoned watercraft shall make a bonafide attempt to recover the watercraft.

SECTION 134.53 PERMIT REQUIRED TO MOOR OR ANCHOR WITHIN TERRITORIAL LIMITS OF THE CITY OF FOLLY BEACH

(A) Persons mooring or anchoring a vessel overnight within the territorialboundaries of the City of Folly Beach must obtain and conspicuously display amooring permit. Permits may be obtained at Folly Beach Public Safety 24 hoursa day, 7 days a week. There is no cost for a permit, however the owner mustpresent:

1) Proof of ownership;2) Proof of current insurance;3) Proof of current state or Coast Guard registration;4) Name, address, and phone number of a local contact who can respond

and has authority to take action on a vessel within 24 hours if called byPublic Safety;

5) Description of mooring technique, and explanation of its adequacy for thelocation;

6) Attestation that the vessel is neither derelict nor abandoned.Permits expire unless renewed every 60 days.

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(B) A permit may be revoked if any of the following conditions are met:1) The vessel is moored or anchored in an unauthorized area or in a marked

channel;2) The vessel displays no evidence of current state, federal, or foreign

registration, a current permit, or other official documentation ofownership if requested by Public Safety;

3) Vessel is derelict, abandoned, neglected, or substantially dismantled, orimproperly maintained, or is not able to be used for navigation asintended;

4) Vessel is listing, aground, sinking, in danger of breaking its mooring,dragging its mooring, or otherwise unsuccessfully moored;

5) If the local contact is called by Public Safety and does not respond within24 hours;

6) The vessel is slept on but is not equipped with a holding tank or theowner or operator fails to provide Public Safety with receipts for regularweekly pump outs of the vessel's holding tank upon request;

7) Public Safety officers have responded to complaints of excessive noise,thefts, firearms violations, controlled substance violations, or otherdisturbances of possible danger to the environment or any person,emanating from the vessel or its crew;

8) The vessel is at any time within one mile of any public boat landing orpublic bridge or 100 feet of any other legally anchored vessel; anyprivate, properly permitted mooring; or any private, properly permitteddock or marina without the written permission of the owner;

9) The vessel does not display proper anchor lights;10) If Department of Natural Resources, Department of Health and

Environmental Control, or the Director of Public Safety determines thereare safety-related or environmental reasons for denying permissionduring a particular period of time, or in a particular place, or in aparticular manner or has been identified as an abandoned watercraft bythe Department of Natural Resources.

(C) If a Person’s permit has been revoked twice, an additional permit shall not begranted for a period of one year.

(D) Within four hours of a hurricane warning being declared, each vesseloperator shall secure their vessel to prevent the vessel, and/or its parts orcontents from damaging the property of others.

(E) This section does not apply to the following:1) A vessel docked at a private recreational dock or a non-eligible facility so

long as such vessel is not utilized as a live-aboard vessel;2) A vessel seeking safe harbor from dangerous weather or in the event of

mechanical failure for up to seven days; or3) A vessel anchored while actively engaged in fishing.

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SECTION 134.54 ADMINISTRATION AND ENFORCEMENT.

A. Administration. The administration and enforcement of the provisions of this chaptershall be vested in the City of Folly Beach Public Safety Department. City Public SafetyOfficers shall have the authority to board any vessel subject to the provisions of thischapter or to any applicable rule or regulation for the purpose of inspection ordetermining compliance and are empowered to issue a summons for appearance incourt or make arrest for violations of this chapter or the rules and regulationsprescribed thereunder.

B. When necessary, the Department of Public Safety may act, or may join in action withother agencies, to declare a vessel “abandoned” or “derelict,” or to determine andabate any unsafe or environmentally hazardous conditions, by towing, relocating,removing any vessel, or taking any other action reasonably necessary.

C. Public Safety shall post conspicuous notice on any vessels that are in violation ofpermit conditions, or that have an expired or revoked permit. Public Safety shallthen continue to monitor the violating vessel until ten days have elapsed from thedate of the posting. If the person in control of the vessel returns, or contacts PublicSafety, and abates the violation within that time, no further actions, other thanpayment of accrued fees, need to be taken.

D. If the owner of any unattended vessel anchored, moored, docked, or stored in Citywaters fails to respond to notices or pay fines and fees as required by this sectionfor more than ten days from the posting, the vessel may be taken into custody by theDepartment of Public Safety and stored in a safe place of storage.

E. The owner shall be responsible for the costs of towing, storage, removal, and salvageof the vessel. Any vessel towed, removed, relocated or impounded shall be subject toa lien for associated costs. The owner of the vessel may only redeem the vessel fromthe designated storage area upon payment of costs and fees.

F. If a vessel is seized and towed, Public Safety shall report the vessel to theDepartment of Natural Resources for owner notification. If the vessel is deemedabandoned by the Department of Natural Resources, it shall be eligible for removalin accordance with South Carolina state law.

G. This section does not limit any other rights granted to the City or Public Safety byfederal, state or local law.

SECTION 134.99 PENALTY.

(A) For each day over the 30 days that a violation of Section 134.30 through 134.41 is notabated, there will be a $50 per day fine. The imposition of this fine shall not besuspended. Each day of violation after the expiration of the 30-day period provided in

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Section 134.41(B) shall constitute a separate offense for the purpose of calculating the civil penalty.

(B) In addition to any other penalties allowed by federal, state or local law, a personviolating the provisions of sections 134.50-134.54 is guilty of a misdemeanor and,upon conviction, must be fined not less than one thousand dollars ($1,000.00) normore than five thousand dollars ($5,000.00) or imprisoned up to thirty (30) days, orboth. In addition, the owner must remove the abandoned watercraft within fourteen(14) days of conviction. The City municipal court is vested with jurisdiction for casesarising under this section.

ADOPTED this ___ day of _______________, 2020, at Folly Beach, South Carolina.

Ayes: Nays: Abstains:

__________________________ Municipal Clerk Tim Goodwin, Mayor

63

CITY OF FOLLY BEACH

Introduced by: Mayor Tim Goodwin

Date: September 8, 2020

RESOLUTION 29-20

A RESOLUTION BY THE FOLLY BEACH CITY COUNCIL AUTHORIZING THE DISTRIBUTION OF $913 IN PREVIOUS FUNDRAISING RECEIPTS HELD IN THE HISTORY RESERVE TO THE NEWLY FORMED FOLLY BEACH HISTORICAL SOCIETY NOT-FOR-PROFIT.

WHEREAS, Folly Beach history supporters raised $913 in fundraising in 2018; and

WHEREAS, The City held these funds for the purpose of the mission of the recently formed Folly Beach Historical Society Not-For-Profit; and

WHEREAS, The funds of the Folly Beach Historical Society will be used for the promotion, preservation, and research of the history of Folly Beach.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of Folly Beach, South Carolina that the

Administration is authorized to distribute $913 of history supporter fundraiser proceeds held by the City in the History Reserve account (10-1050-7100) to the Folly Beach Historical Society.

RATIFIED this 8th day of September 2020 at Folly Beach, South Carolina, in City Council duly assigned. ATTEST: Municipal Clerk Tim Goodwin, Mayor

64

CITY OF FOLLY BEACH Introduced by: Mayor Goodwin

Date: September 8th, 2020

RESOLUTION 30-20 A RESOLUTION BY THE FOLLY BEACH CITY COUNCIL UPDATING THE SCOPE OF WORK FROM RESOLUTION 27-20 TO INCLUDE THE RECOMMENDATIONS FROM THE ARCHITECT FOR THE RENOVATIONS TO CITY HALL.

WHEREAS, The City awarded a contract to J. Musselman Construction Inc. to complete the

City Hall Renovations; and WHEREAS, The original bid approved by Council in Resolution 27-20 did not include

contingency funds; and WHEREAS, Additional structural repairs to the crawl space were identified by the

consulting architect during the bid process; and WHEREAS, The General Obligation Bond obtained by the City of Folly Beach will be able to

cover these additional expenses. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Folly Beach, South Carolina that the scope of work for contract awarded to J. Musselman Construction Inc. in Resolution 27-20 is increased by the following:

• $165,000 for crawl space structural repairs • $60,000 for contingency costs

Furthermore, these funds shall be taken from the Reserve City Hall (Bonds) Account (10-6000-6906), per the recommendation of the City Architect. RATIFIED this 8th day of September 2020, at Folly Beach, South Carolina, in City Council duly assigned. ATTEST: Municipal Clerk Tim Goodwin, Mayor

65

CITY OF FOLLY BEACH Introduced by: Mayor Tim Goodwin

Date: September 8, 2020

RESOLUTION 31-20

A RESOLUTION BY THE FOLLY BEACH CITY COUNCIL AUTHORIZING PARK FOLLY BEACH TO CONDUCT THE CITY’S PARKING ENFORCEMENT PROGRAM.

WHEREAS, PARK Folly Beach operates the City’s paid parking enforcement program but does not currently

enforce municipal parking ordinances, a dual system that creates confusion for customers and cost inefficiencies; and

WHEREAS, PARK Folly has demonstrated their ability to enforce the City’s paid parking rules with fairness,

professionalism, and dedication to customer service, and the City wishes to delegate responsibility for its other parking enforcement duties to PARK Folly Beach; and

WHEREAS, Combining enforcement responsibilities creates overall efficiencies by saving the City the cost of

purchasing enforcement software, enforcement manpower, and administrative responsibilities. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Folly Beach, South Carolina, that the Mayor is authorized to delegate enforcement of City Code Chapter 72, Parking, to PARK Folly Beach:

• PARK Folly is authorized to increase costs as set out in the attached memo • Administrative appeals may be handled by PARK Folly Beach, but parties still have the right to come

to Municipal Court to appeal.

RATIFIED this 8th day of September, 2020 at Folly Beach, South Carolina, in City Council duly assigned. ATTEST: Municipal Clerk Tim Goodwin, Mayor

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CITY OF FOLLY BEACHMemo: Transition Paid Parking to PARK FollyBeach

Costs for PARK Folly Beach Savings for the CityStaffing Admin & Enforcement: $ 64,706.25 (12 month estimates)

• Increase Admin hours by 20 hrs perweek x 52 weeks

• Increase enforcement hours by 40 hrsper week x 52 weeks

• Increase in management wages forincreased responsibilitiesIncludes estimation on payroll taxes,benefits

Operational expenses: $ 7,480.00 (12 month estimates)

• 1 additional enforcement handheldunit rental

• Additional citation paper• Increased license plate look ups for

collection letters• Additional gas for increased golf carts

and extra routes• Increase in liability insurance

Increased Monthly Management Fee $ 12,000.00 ($1,000 per month) Modeling after current management fee per space/number of spaces

Total $ 84,186.25

Staffing Year One: $25,000: Eliminating 2 of 12 Beach/Parking slots Larger Impact: Saving many hours/week for each of the following, ~$33,000/year

- Dispatch entering tickets (20 hours/week or~$20,000/year)

- Clerk of Court handling administrativereductions 5 hours/week or $5000/year)

- Front counter and AP processing payments(10 hours/week or $8,000/year)

While these are direct savings, it will allow staff to shift responsibilities and focus on more core mission

Operational: Year One: Purchase Clancy/Brazos or other automated ticket system and have it integrate with payments and court ($75,000-$100,000, depending on provider) Ongoing: $5,000-$10,000 software and licensing fees

Other benefits include: • Better service for customers on paid parking

and resident decals because the PARK Follyadministrative staff would become full-time

• Overall efficiency of having one set ofparking patrols

• Better enforcement by parking professionalswith single focus

• Ability to scale paid parking programwithout incurring additional enforcementexpenses in the future

• Possible ability to save some staff hoursdown the road

67

CITY OF FOLLY BEACHIntroduced by: Mayor Goodwin Date: September 8th, 2020

RESOLUTION 32-20 A RESOLUTION BY THE CITY COUNCIL AWARDING FY 20-21 A-TAX FUNDS BASED ON THE ACCOMMODATIONS TAX ADVISORY BOARD’S RECOMMENDATION.

WHEREAS, Throughout the fiscal year, the State of South Carolina sends funds to Folly Beach generated from State Accommodation Tax payments; and

WHEREAS, 65% of those monies are placed in a reserve account to be distributed to activities that generate tourism outside a 50-mile radius; and

WHEREAS, For the fiscal year 2020-2021, the sum of $575,256.40 was available for distribution to various applicants in the community; and

WHEREAS, Applicants requesting funds must be compliant with S.C. Law and the Tourism Expenditure Review Committee Policy and non-compliant funds will be withheld; and

WHEREAS, The A-Tax Advisory Board herby submits its recommendations for FY20-21 A-Tax funds for City Council’s consideration.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of Folly Beach, South Carolina, that

Section 1: City Council commends and extends its appreciation for the A-Tax Advisory Board for its dedication and commitment, hard work and the many hours it spent reviewing and hearing applications.

Section 2: City Council hereby directs the Finance Director to Distribute the FY20-21 A-Tax funds of $575,256.40.

RATIFIED this 8th day of September 2020, at Folly Beach, South Carolina, in City Council duly assigned.

ATTEST:

_________________________________ _______________________________ Municipal Clerk Tim Goodwin, Mayor

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Accommodations Tax Advisory Board

Commission Members: August 27th, 2020 Paul Chrysostom, Chair 6:00 PM Cliff Harvey, Vice Chair Virtual/City Hall Melissa Carr 21 Center Street William Hampton Council Chambers Amanda Jackson Kathy Miller Darlene Rawls

AGENDA

1. Call to Order/Roll Call Present: Chair Chrysostom, Harvey, Carr, Hampton, Jackson, Miller, Rawls Staff: Eich

2. Chairman’s Comments Mr. Chrysostom mentioned next year will be a tougher year for the board and cutting funds requested when the effects of the pandemic will show up in the A-Tax funding.

3. Approval of the Agenda Mr. Chrysostom motioned to approve the agenda; Ms. Miller seconded. The agenda was approved without objection.

4. Approval of Minutes from 08.20.2020 Meeting The Board approved the minutes of last meeting without objection.

5. Recommendations for Funds Amount Requested:

1. Save the Light, Inc. $25,000 2. Folly Beach Wahine Classic, LLC $3,000 3. City of Folly Beach

a. Public Safety Accommodation of Tourism $450,000

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b. Folly Beach Beach Preservation $50,000 c. Beautification $25,000

4. Folly Association of Business a. New Year’s Eve & July 4th Fireworks $18,000 b. Marketing – visitfolly.com $20,000 c. Folly Dollars gift cards Marketing Campaign $30,000

Based on the presentations from the meeting on August 20th, Save the Light Inc. withdrew their application for funding. The board also denied the request for funding for Fireworks as the previous accommodations tax funding was rolled over into this year. The board discussed from the remaining applicants their presentations, how to disperse the funding available, and considered how each would be affected by the pandemic. Mr. Chrysostom motioned to recommend the ATAX funds be spent as follows (in red); Mr. Hampton seconded:

1. Save the Light, Inc. $25,000 $0.00 2. Folly Beach Wahine Classic, LLC $3,000 $3,000.00 3. City of Folly Beach

a. Public Safety Accommodation of Tourism $450,000 $450,000.00 b. Folly Beach Beach Preservation $50,000 $50,000.00 c. Beautification $25,000 $25,000.00

4. Folly Association of Business a. New Year’s Eve & July 4th Fireworks $18,000 $0.00 b. Marketing – visitfolly.com $20,000 $20,000.00 c. Folly Dollars gift cards Marketing Campaign $30,000 $27,256.40

A vote was taken, all voted in favor. The recommendation for how to disperse the ATAX funds were approved. 6. Board Comments

The board went over the history of how previous accommodations tax funds have been dispersed. They also discussed how next year will be a lean year due to the effects of the pandemic.

70

7. Adjournment 6:29PM

71

Side AName of Government: City of Folly Beach Contact Person: Lee Gessner Phone #: 843-513-1840

Email: lgessner@cityoffollybeach.com

$ 908,536.63 $ (25,000.00)

$ 883,536.63 $ 44,176.83 $ 265,060.99

$ 574,298.81 $ - $ 957.59 $ 575,256.40

$ (0.00)

Folly Beach Tourism and Visitors Promotion Committee, Inc. $ 265,060.99

Total: $ 265,060.99

Date

Summary of Total Accommodations Tax Funding:

65% Funds Carried Forward from Prior Year: Interest Earned (Required):

Expenditures (Total Disbursed as Reported on Side B):

Remaining 65% to Special Fund: Tourism Related Expenditures:

5% of Balance to General Fund: 30% of Balance to Special Fund: Advertising and Promotion:

Total Accommodations Tax Revenue for Fiscal Year Ending: June 30, 2020First $25,000 to the General Fund:

(Line 3 minus lines 4 & 5)

(Line 6 plus lines 7 & 8 minus line 9)Balance Carried Forward to Following Year: R

econ

cilia

tion

of 6

5% F

und

Allo

catio

n of

Fis

cal

Year

Rev

enue

s

Balance:

AmountOrganization(s) Designated to Receive Special Fund

Finance DirectorTitle

I attest this report is a true account of the disbursement of all Accommodations Tax revenues received during the period indicated.

Accommodations Tax Reporting Form

(Line 1 minus line 2)

Signature (Required)

30% Advertising and Promotion Special Fund:

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Side B

Amount Amount AmountRequested Recommended Disbursed

by by Advisory by LocalCategory Organization Committee Government3 $25,000.00 $0.002 $3,000.00 $3,000.004 $450,000.00 $450,000.003 $50,000.00 $50,000.002 $25,000.00 $25,000.002 $18,000.00 $0.001 $20,000.00 $20,000.001 $30,000.00 $27,256.40

621,000.00$ 575,256.40$ -$ $ - *Project Name/Description should address the specific use of requested funds. Please also specify how the project/event attractsand promotes tourists. (SEE EXAMPLE). A summary of the organization's request may also be attached.

** Amount Approved must be based exclusively on the estimated percentage of costs directly attributed to attracting or serving tourists.Project Categories - All must attract or provide for tourists.

4 - Tourism-Related Public Services5 - Tourist Public Transportation6 - Waterfront Erosion/Control/Repair

Include in project category 1 all promotion/advertising for events and facilities 7 - Operation of Visitor Information Centers

65% Tourism-Related Expenditures Special Fund FY19 Carryover: $0 FY20 Allocation: $575,256.40

1 - Destination Advertising/Promotion 2 - Tourism-Related Events 3 - Tourism-Related Facilities

Save the Light, INC.

City of Folly Beach Folly Beach Beach Preservation: Beach Access & Dunes

GovernmentOrganization Name

TOTALS

All organizations making application to the local Accommodations Tax Advisory Committee must be reported whether funding was approved or not. Please duplicate this form as necessary.

Folly Beach Wahine Classic, LLC

Folly Beach Business AssociationFolly Beach Business Association

Folly Beach Business Association

19th Annual Folly Beach Wahine Classic

NYE & 4th July FireworksMarketing- visitfolly.comFolly Dollars gift cards marketing campaign

City of Folly Beach

City of Folly Beach Folly Beach Public Safety Tourism Accommodation

Beautification

AmountApproved**

by Local

Preservation of the Morris Island Light HouseProject Name/Description*

73

CITY OF FOLLY BEACH Introduced by: Mayor Goodwin

Date: September 8, 2020

RESOLUTION 33-20 A RESOLUTION AWARDING $1,150.00 TO THE FOLLY BEACH SENIOR CITIZENS TO ASSIST WITH FUNDING VARIOUS PROJECTS AND EVENTS BY RECOMMENDATION OF COMMUNITY PROMOTIONS COMMITTEE.

WHEREAS, The City of Folly Beach has created a Community Promotions Committee;

and

WHEREAS, The City of Folly Beach has budgeted a certain amount of funds under an account called “Community Promotions”; and

WHEREAS, The Community Promotions Committee believes that it is in the best

interest of the citizens of Folly Beach to recommend an award of $1,150.00 to Folly Beach Senior Citizens for approval by City Council; and

WHEREAS, City Council wishes to approve the funds recommended by the Community

Promotions Committee.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of Folly Beach, South Carolina, hereby ratifies and approves the sum of $1,150.00 to Folly Beach Senior Citizens as recommended by the Community Promotions Committee. RATIFIED this 8th day of September 2020, at Folly Beach, South Carolina, in City Council duly assigned.

ATTEST: Municipal Clerk Tim Goodwin, Mayor

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Community Promotions Committee

September 1, 2020 Commission Members: 6:00 PM Dr. Jeff Randall, Chairman Via Zoom Marsha Riggs

Roger Rutledge Billy Sypolt Katherine Westmoreland

----------------------------------------------------------------------------------------------------

Regular Meeting Minutes

1. Call to Order

2. Roll CallPresent: Randall, Riggs, Rutledge, Sypolt, WestmorelandStaff Present: Colleen Jolley

3. Chairman’s CommentsDr. Randall welcomed everyone and mentioned it is good the City is moving forward with business to hear these requests.

4. Approval of Previous Minutes: November 21, 2019Motion to approve was made by Ms. Westmoreland, seconded by Mr. Sypolt, and carriedunanimous.

5. New Business:

Request for Funds: Tideline Tours, Weatherly Meadors $1,800.00 Ms. Meadors presented a request to offer an afterschool pilot program to Folly children ages 11-15 one day a week with no more than 10 per group at $35 per child. The program would provide an outlet for children to be active while learning and exploring the outdoors through ecotourism. Hopes are to expand depending on the success of the 8 week fall program.

Ms. Riggs asked if the program is just for Folly residents. Ms. Meadors answered yes, with hopes to develop a nonprofit and expand to the county and involve the schools. Ms. Riggs asked about scholarships. Ms. Meadors explained she would reduce the cost to $10 if needed to aid with participation.

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Ms. Westmoreland asked if Ms. Meadors researched low income children population on Folly. Ms. Meadors answered she has not and was using this pilot program as a guide. Ms. Westmoreland asked if the program would have current safety protocols in place. Ms. Meadors answered yes, they are one of the few requiring masks at all times while on the boat with regular sanitation.

Ms. Riggs asked what age of children. Ms. Meadors answered 11-15 with nor more than 10 per group at $35 per child.

Mr. Sypolt asked how many trips, kids, and how long. Ms. Meadors answered once a week with no more than 10 kids. Fall: 8 weeks Spring 8 weeks. Mr. Sypolt asked how she would know how to charge the 1st week if not sure of the participants ahead of time. Ms. Meadors said there is no way, like all tourism-based businesses.

Dr. Randall expressed his favor of noble effort, but is concerned the breakdown of participants and funding does not calculate properly and feels the request is premature.

Mr. Rutledge, Ms. Riggs, Mr. Sypolt, and Dr. Randolph voted no to the appropriateness of the request based on insufficient information regarding programming and funding/participant ration. Ms. Westmoreland voted yes to consider a lesser amount. The request was denied.

Request for Funds: Folly Beach Senior Citizens $1,150.00

Mr. Carter met with the committee to request funds for the senior citizens group. The funds cover a variety of efforts in the community and at their meetings. Mr. Carter explained how prior CPC funds have helped fund the main dish for monthly meetings, the occasional speaker, and holiday party supplies. The funds also support ongoing outreach to members with birthday cards, get well cards, and fruit baskets for special occasions. Focus on member outreach to help maintain social needs has been the focus these past months since unable meet. Their current request for funds is to maintain these efforts. A prior year report was submitted.

Ms. Westmoreland asked if CPC funding funds the cards outreach. Mr. Carter said yes, they receive no other funding. Ms. Westmoreland asked if there is continuous contact. Mr. Carter said yes, through a roster with name, address, birthday, and phone number.

Mr. Rutledge asked how many members are in the group. Mr. Carter answered 26.

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The appropriateness of the request was unanimously a yes. Motion to approve was made by Mr. Sypolt in the amount of $1,150.00, seconded by Ms. Westmoreland, and carried unanimously.

6. 20/21 Chair & Vice Chair Appointments:Ms. Riggs motioned to nominate Dr. Randall as Chairman. The motion was seconded by Mr. Rutledge and carried unanimous.

Mr. Rutledge nominated Ms. Riggs as Vice Chair. The motion was seconded by Billy Sypolt and carried unanimous.

7. Committee Comments:Ms. Riggs asked if the City will be hosting the Christmas parade this year and if so, can CPC participate again as a group. Ms. Jolley replied yes, however, the Christmas parade and all holiday events are pending at this time. Ms. Riggs said if able, Billy Sypolt and family are in charge.

8. Adjournment: 6:53 pm.

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Name of Organization:

Purpose of Organization:

Status of Organization: Profit Non Profit

Address of Organization:

Telephone Number: Email address:

Organization Contact Person:

Fund Request Amount: $

Please state purpose for the fund request and how it meets the legal precedent stated in Application Criteria section on page 1.

1.

2.

3.

4.

Application Special Conditions:

Does this application require any special waivers that would affect Public Safety,

Public Works, or City Staff?

Are variances by City Council needed, such as street closings or the permission of

the alcohol open container law?

Applicant Signature:

If approved, make check payable to:

Pick up Mail If mail, address:

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Please state purpose for the funds request and how it meets the legal precedent stated in Application Criteria section on page 1.

1. We aim to provide an outlet for children to be outside in an education environment through anafterschool program. Our goals include: 1. Encouraging kids to get away from technology and explorethe outdoor world around them; 2. To help shape a future generation that enjoys the outdoors andgive them the opportunity to work and share their skills as they get older. Children will have toopportunity to be active (kayak, boat, paddleboard) and learn more around the area we call home.Each week will feature a different topic (weather, reptiles, marine mammals, etc.) and we will have aseason long project based learning experiment courtesy of the South Carolina Biodiscovery Project.Our project leader is a lifetime resident of James Island and Folly Beach and holds a Master’s degree inMarine Biology from the CofC. It is our dream to share this localized knowledge local residents, andespecially those who will be our future decision makers.

This fall is to serve as a small scale pilot program for children who live on Folly Beach. We have aseparate education program offering school field trips that tie into state standards for science and wehope to eventually expand the afterschool program to include other children from Charleston Countythat we interact with during the school year. We are also exploring a continuing education series foradults that will include an evening seminar series and hands on learning (Learn the life history of a bluecrab, then go out and catch them, learn how to clean and cook them, and finally enjoy a mealtogether). In my mind all of these have a thread connecting them and this is our chosen first step forimplementing this larger plan.

2. The primary beneficiaries of this grant money will be individual residents of Folly Beach. Depending onfunding and community interest we would like to use the money to provide “scholarships” to childrenso they can participate at a discounted rate and/or purchase supplies necessary for certain activities(such crabbing bait/new nets when ours inevitably break).

3. I believe the benefit to be definite.

4. There is a high probability that public interest will be served. It would be wonderful to be able tosponsor larger public events open to all citizens once we have become more established. If we aresuccessful this fall and able to open to the greater Charleston area in the spring, it will positiveattention to the island and help promote ecotourism as a whole on the beach.

Budget

$800 to cover one time fixed costs - Pens, notebooks, materials for handouts, hand sanitizer, sunscreen, water cooler, crabbing and kids

size cast nets.- Extra activities including paddleboard and sailboat rentals

$1000 to help subsidize costs for individual children - We typically charge $45/person for a two hour tour and it’s not until about 8 people that the

company starts to see any profit.- Receiving the above $800 and any additional funds will help up to drop the price per child

proportionally

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To: City of Folly Beach Community Promotions Committee Donation of Public Funds Application

Name of Organization: Folly Beach Senior Citizens Club

Purpose of Organization: To support the Senior Citizens of Folly Beach

Status of Organization: Profit Non Profit X

Address of Organization: PO BOX 1252, Folly Beach, SC 29439

Telephone Number: 843-494-2494 Email address: johnbcarterjr@gmail.com

Organization Contact Person: Pauline Ray, Secretary 843-588-9580, Johnny Carter, Treasurer 843-494-2494

Fund Request Amount: $ 1,150.00 Please state purpose for the fund request and how it meets the legal precedent stated in Application Criteria section on page 1.

1. The organization’s focus is to support Folly Beach’s senior citizens througheducation on safety, health, security and issues concerning the Folly Beachcommunity as well as providing an outlet for social interaction throughout theyear.

2. The primary beneficiaries are Folly Beach senior citizens, 55 and older, andtheir guests

3. The benefit to Folly Beach residents is through education and socialinteraction that allows them to be productive citizens of Folly Beach and live amore meaningful life.

4. By providing support, education, and social interaction, the organization willbe encouraging Folly Beach’s senior citizens to become knowledgeable andsupportive of the Folly Beach community and its citizens.

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Application Special Conditions:

Does this application require any special waivers that would affect Public Safety,

Public Works, or City Staff? Requires none.

Are variances by City Council needed, such as street closings or the permission of

the alcohol open container law? No variances needed

Applicant Signature: ____Pauline Ray, Secretary

If approved, make check payable to: Folly Beach Senior Citizens

Pick up Mail X If mail, address:

Folly Beach Senior Citizens Club

PO Box 1252

Folly Beach, South Carolina

29439

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FOLLY BEACH SENIOR CITIZENS CLUB FINANCIAL REPORT

JULY 1, 2019-JUNE 30, 2020

Internal Revenue Service Employer Identification Number: 82-5003884

REVENUE:

Received from City of Folly Beach for July 1, 2019-June 30, 2020 $1150.00

EXPENSES:

US Postal Service PO Box annual fee $56.00

December Holiday luncheon/Thompson Food Service $771.15

Folly Beach calendar ad to promote Sr. Citizens Club $50.00

Meeting/Luncheon-napkins, plates, etc and main meat course $256.20

TOTAL $ 1133.35

BALANCE JUNE 30, 2019 FROM FUNDS RECEIVED FROM CITY OF FOLLY BEACH $16.65 In accordance with direction received from the City of Folly Beach, all expenditures were for the direct benefit of Folly Beach senior citizens.

Respectfully submitted,

John B. Carter, Jr. Treasurer, Folly Beach Senior Citizens johnbcarterjr@gmail.com 843-494-2494

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CITY OF FOLLY BEACH Introduced by: Mayor Goodwin Date: September 8, 2020

RESOLUTION 34-20

A RESOLUTION APPROVING A CONTRACT WITH WETMORE LAW AND STRATEGY FOR CONSULTING AND TRANSITION SERVICES.

WHEREAS, Spencer Wetmore has most recently served the City of Folly Beach as

Administrator since March 2014, undertaking a number of long-term projects for the City including capital projects, technology upgrades, strategic planning, and municipal ordinances; ands

WHEREAS, Many of these projects have advanced significantly towards finalization and it

is in the best interest of the City to retain Wetmore to see these projects to completion; and

WHEREAS, It is necessary for the City to enter into a contract for continued support on

many of these projects and ensure a smooth transition upon Wetmore’s resignation as City Administrator; and

WHEREAS, The City wishes to use savings from the FY21 budget to put in place a contract

this fiscal year for transition services at $100 per hour, not to exceed $24,000. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Folly Beach, South Carolina, to authorize the Mayor to sign the attached agreement on behalf of the City. The costs should be paid in Q1 through a transfer from the City Administrator salary line to cover September, and the remaining months (October, November, and December) should be paid per the FY21 budgeted contracts line.

RATIFIED this 8th day of September 2020 at Folly Beach, South Carolina, in City Council duly assigned.

ATTEST: Municipal Clerk Tim Goodwin, Mayor

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City of Folly Beach 21 Center Street, P.O. Box 48

Folly Beach, South Carolina 29439

Sole Source Contract - Transition and Consulting September 1, 2020

According to City for Folly Beach Code Title III Administration, Chapter 36 Finances, Section 18 Sole Source Purchasing:

(A) A contract may be awarded for supplies, services, professional services, or constructionwithout formal competitive bidding or other competitive purchasing in accordance with§§ 36.15 through 36.20. Any request by a department head that a procurement be restricted toone potential source shall be accompanied by a letter from the using department signed by thedepartment head stating why no other source will be suitable or acceptable to meet the needs. Acontract may be awarded for a property, supply, service, or construction item withoutcompetition when the City Administrator and Director of Finance determine in writing that thereis only one source for the required property, supply, service, or construction item or that theproposed award to a single source is a permitted, non-competitive procurement as establishedherein. A sole source purchase may not be made if a reasonable alternative solution exists.

As such, I am recommending Wetmore Law and Strategy for a sole-source contract to assist the City in transitioning to a new City Administrator and working on ongoing projects. Spencer has a unique knowledge of the details and history of the projects and

training needed to see the City through the next several months.

Respectful!� Aact'pe '1/, / )o Acting City Administrator

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City of Folly Beach P.O. Box 48

Folly Beach, South Carolina 29439

Agreement between City of Folly Beach and Wetmore Law & Strategy Management and Transition Consulting Services

WHEREAS, Spencer Wetmore has most recently served the City of Folly Beach as Administrator since March 2014, undertaking a number of long-term projects for the City including capital projects, technology upgrades, strategic planning, and municipal ordinances; and,

WHEREAS, many of these projects have advanced significantly towards finalization and it is in the best interest of the City to retain Wetmore to see these projects to completion; and

WHEREAS, it is necessary for the City to enter into a contract for continued support on many of these projects and ensure a smooth transition upon Wetmore’s resignation as City Administrator.

NOW THEREFORE, the parties agree to enter into a contract for consulting services this ______ day of September, 2020 by and between The City of Folly Beach (“The City”) and Wetmore Law and Strategy (“Wetmore”).

I. SCOPE OF WORK

A. Wetmore will perform management and transition consulting services at the direction of theMayor and City Administrator. The scope of services does not include legal work, andWetmore should confer with the City Attorney should any tasks require legal input, opinion,or analysis. The City agrees to communicate specific task requests and agrees to refrain fromassigning tasks that may come before the South Carolina House of Representatives or couldotherwise pose any conflict of interest for Wetmore.

B. Specific deliverables and work areas include but are not limited to:

1. Coordinate Parking Enforcement Transfer between City and PARK Folly Beach2. Mooring Regulations: Mooring ordinance and implementation3. Assist with implementation of CAD System between Folly Beach and Charleston County4. Transition Beach Preservation Project by organizing, summarizing, and presenting historicalinformation and new study details

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5. Pedestrian Paths: Bid coordination and review.6. Strategic Plan: A review of progress to date on the 2020 Strategic Plan7. Drainage Study Review & Implementation: Presentation of findings/prioritizedimplementation items.8. Other items as assigned by Mayor & City Administrator

II. FEES, BILLING, TERM

A. The fee for service will be $100 per hour, billed monthly. To safeguard the City’s budget,the hours will be capped at 15 hours per week.

B. Both Wetmore and the City intend the term of the contract to be September 2020 throughDecember 2020, however modifications can be made by agreement of both parties.

City of Folly Beach Wetmore Law & Strategy

Tim Goodwin, Mayor Spencer Wetmore

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CITY OF FOLLY BEACH Introduced by: Mayor Goodwin

Date: September 8th, 2020

RESOLUTION 35-20 A RESOLUTION BY THE FOLLY BEACH CITY COUNCIL FOR ADOPTION OF THE SECOND THROUGH THE FOURTH QUARTERS OF FY21 BEACH PRESERVATION FUND BUDGET CONTAINING ESTIMATES OF PROPOSED REVENUES AND EXPENDITURES BEGINNING OCTOBER 1, 2020 AND ENDING JUNE 30, 2021.

WHEREAS, Half of the Local Accommodation Tax funds received by the City are used for

the preservation of the beach; and

WHEREAS, Charleston County contributes monies earmarked specifically for beach preservation; and

WHEREAS, Charleston County Parks and Recreation contributes monies earmarked

specifically for beach preservation; and WHEREAS, For the proposed revenues and expenses of the Beach Preservation Fund and

its activities for the remaining fiscal year beginning October 1, 2020 and ending June 30, 2021, the following amounts are hereby appropriated per the attached budget schedule:

TOTAL EXPENDITURES $215,480 TOTAL REVENUES $747,044 NOW, THEREFORE, BE IT RESOLVED, by the City Council of Folly Beach, South Carolina, that the attached FY20 Budget for the Beach Preservation Fund is approved. RATIFIED this 8th day of September, 2020 at Folly Beach, South Carolina, in City Council duly assigned.

__________________________________ Tim Goodwin, Mayor ATTEST:

____________________________________ City Administrator

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BEACH PRESERVATION CASH & INVESTMENTS

15-1010-0000 RENOURISHMENT - CASH 3,693,014$ 3,700,000$ 3,496,548$ 4,167,486$ 15-1010-1100 INVESTMENTS - SC LGIP - 500,000 503,783 507,566 15-1010-1200 INVESTMENTS - TRUIST CD - 500,000 504,125 508,250 15-1050-0000 RESERVE-RECONSTRUCT RESTORE RENOURISH 550,000 550,000 550,000 550,000

4,243,014$ 5,250,000$ 5,054,456$ 5,733,302$

FY19 ACT FY20 BGT FY20 FCST ACT FY21 BGT

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BEACH PRESERVATION REVENUESFY19 ACT FY20 BGT FY20 FCST ACT Q1 FY21 BGT Q2-4 FY21 BGT FY21 BGT

15-4100-1000 1% CITY LOCAL ATAX -$ 501,865$ 509,088$ 198,894$ 310,194$ 509,088$ 15-4100-2000 65% STATE ATAX FUNDS 325,000 - 40,433 - 50,000 50,000 15-4100-3000 COUNTY FUNDS 404,000 408,040 294,000 - 294,000 294,000 15-4100-5000 CCPRC FUNDS 77,850 77,850 77,850 - 77,850 77,850 15-4100-7000 CITY HOSPITALITY FUNDS - - - - - - 15-4150-4000 CORPS REIMBURSEMENTS - - - - - - 15-4150-8000 FEMA REIMBURSEMENTS - - - - - - 15-4150-9000 PRIVATE BEACHSAND REIMBURSEMENTS 28,191 - - - - - 15-4700-0000 BEACH PRESERVATION GRANTS/DONATIONS 72,094 - - - - - 15-4900-0000 INTEREST 13,880 15,000 14,892 - 15,000 15,000

921,015$ 1,002,755$ 936,263$ 198,894$ 747,044$ 945,938$

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BEACH PRESERVATION EXPENDITURESFY20 FCST ACT Q1 FY21 BGT Q2-4 FY21 BGT FY21 BGT

15-5000-3000 RENOURISHMENT MATCH -$ -$ -$ -$ -$ -$ 15-5000-3002 REPAIR & MAINT- SAND, DUNES, GROIN 199,007 7,755 7,597 - 10,000 10,000 15-5000-3300 OPERATING SUPPLIES - - - - - 15-5000-4000 CAPITAL-EROSION CONTROL (GROINS/SEAWALLS/REVETMENTS) - 30,000 9,900 - 50,000 50,000 15-5000-5100 PROFESSIONAL SERVICES (CONSULTING/MONITOR/LEGAL) 144,948 115,000 103,612 34,520 80,480 115,000 15-5000-6000 WALKOVER RETREATS & RELOCATIONS 1,317 50,000 50,000 25,000 75,000 100,000 15-5000-6900 RESERVE-GROIN REMOVAL/FILL SAND - - - - - -

345,273$ 202,755$ 171,109$ 59,520$ 215,480$ 275,000$

FY21 TOTAL REVENUES 945,938$

SURPLUS REVENUE/(EXPENSE) 670,938$

FY19 ACT FY20 BGT

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