CITY OF FOLLY BEACH · Folly Beach Code of Ordinance be amended as follows: NOTE: Deleted material...

CITY OF FOLLY BEACH Tim Goodwin, Mayor

Folly Beach, SC 29439 www.cityoffollybeach.com

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

Eddie Ellis, Mayor Pro Tem Teresa Marshall, Council Member William Farley, Council Member Amy Ray, Council Member Laurie Hull, Council Member D.J. Rich, Council Member_______________________________________________________________________________________________________________________

City Council Meeting Tuesday June 9th, 2020

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

Folly Beach City Hall 21 Center Street

Folly Beach, SC 29439

Work Session Agenda 6:00 P.M

a. Parking Ordinance and City Parking Enforcement

b. FY21 Budgets: Q1 and Q2-Q4

c. Resolution 16-20: Settlement Agreement

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

2. INVOCATION & PLEDGE OF ALLEGIANCE

3. MAYOR’S COMMENTS

4. STAFF REPORTS

5. APPROVAL OF AGENDA

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http://www.cityoffollybeach.com/

6. APPROVAL OF PREVIOUS MINUTES OF MARCH 10th, MARCH 20TH, MARCH 24TH,MARCH 27TH, MARCH 28TH, APRIL 6TH, APRIL 19TH, APRIL 27TH, MAY 4TH, MAY 11TH

7. PERSONAL APPEARANCES (Limited to Five Minutes)

a. Jennifer Mahanes, Sacred Body & Massage: Requesting Permission to Teach YogaClasses on the Beach Between 2nd and 3rd West.

8. CITIZENS’ COMMENTS (Limited to Three Minutes)

9. COMMISSION, BOARD, COMMITTEE REPORTS

a. Parks and Recreation Board: Colleen Jolly, Staff Liaison

10. OLD BUSINESS

a. Ordinance 04-20: An Ordinance Amending Chapter 151 (Beach Preservationand Construction Provisions), Section 151.23 (Construction Standards forBulkheads, Riprap, Seawalls, Revetments, and Retaining Walls) by Requiring aPre-Construction-Survey with an OCRM Certified Critical Line in Addition to theRequired Flagging of the Critical Line Prior to the Construction Of Bulkheads.(SECOND READING)

11. NEW BUSINESS

a. Ordinance 07-20: An Ordinance to Provide for Adoption of the First QuarterFY2021 Budget Containing Estimates of Proposed Revenues and Expendituresfor the City of Folly Beach, South Carolina Beginning July 1, 2020 and EndingSeptember 30, 2020. (FIRST READING)

b. Ordinance 08-20: An Ordinance Establishing the Water Utility Budget andAppropriating the Necessary Funds for the Operation of the Folly Beach WaterUtility for the First Quarter of FY2021, Beginning July 1, 2020 and EndingSeptember 30, 2020. (FIRST READING)

c. Ordinance 09-20: An Ordinance Establishing the Sewer Utility Budget andAppropriating the Necessary Funds for the Operation of The Folly Beach SewerUtility for the First Quarter of FY2021, Beginning July 1, 2020 and EndingSeptember 30, 2020. (FIRST READING)

d. Ordinance 10-20: An Ordinance Amending Chapter 72 (Parking Regulations),Section 72.11 (Property Left on a Street or Right-Of-Way) and Section 72.17(Parking Bonds) by Establishing a Time Limit for Property Left in the Right ofWay and Increasing the Minimum Fines for Parking Violations.(FIRST READING)

e. Resolution 14-20: A Resolution by the Folly Beach City Council Awarding RFP03-20 Folly Beach Public Safety Roof and Mechanical Unit Replacement.

f. Resolution 15-20: A Resolution by the Folly Beach City Council Awarding RFP04-20 Folly Beach 3rd East Arctic Beach Access Replacement.

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g. Resolution 16-20: A Resolution by the Folly Beach City Council Authorizing theCity of Folly Beach to Enter and Execute Two Settlement Agreements, Onebetween the City, Childs Family Trust, Debbie’s Folly LLC., and Amy ConnellyConsenting to the City’s Proposed Abandonment of a Portion of East ArcticAvenue, and Another Between the City and Debbie’s Folly LLC. Terminating theCity’s Claims Against Debbie’s Folly LLC. Raised in the Currently PendingAvulsion Lawsuit.

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 BEACH1st Reading: June 9th, 2020 Introduced by: Mayor Goodwin 2nd Reading: Date: June 9th, 2020

ORDINANCE 10-20

AN ORDINANCE AMENDING CHAPTER 72 (PARKING REGULATIONS), SECTION 72.11 (PROPERTY LEFT ON A STREET OR RIGHT-OF-WAY) AND SECTION 72.17 (PARKING BONDS) BY ESTABLISHING A TIME LIMIT FOR PROPERTY LEFT IN THE RIGHT OF WAY AND INCREASING THE MINIMUM FINES FOR PARKING VIOLATIONS.

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 72.11 PROPERTY LEFT ON A STREET OR RIGHT-OF-WAY.

It shall be illegal for any person or business to leave any item of personal property, other than a legally parked, operable and legally registered motor vehicle (including vehicles with attached trailers), entirely or partially in a street or right-of-way. Trailers legally attached to an operable and legally registered motor vehicle may be parked in the right-of-way for no more than 24-hours, unless the right-of-way is adjacent to the vehicle owner’s property. City Council may grant temporary variances of this section for good cause. For the purposes of this section, personal property does not include trash, garbage, or other items that have been legally placed in a right-of-way for pickup by the city or county. Property or trailers left for greater than 24 hours may be towed or removed by the Department of Public Safety.

SECTION 72.17 PARKING BONDS.

(A) If the owner of a vehicle is found in violation of any offenses detailed in§§ 72.01 through 72.14 and pays the penalty or appears before the Municipal Court and is foundguilty, the penalty shall be as follows:

(1) Parked within in 15 feet of a fire hydrant: $100;

(2) Parked on the beach, a dune or in a vehicle access to the beach: $200;

(3) Parked in marked handicap area: $1,000;

(4) Commercial loading or delivery violations: $250;

(5) Parking in violation of any other parking regulation: $40 $60.

(B) The penalty assessed for late payment shall be determined from the amount of the originalbond as follows:

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31ST DAY 61ST DAY

$40 $60 $50 $70 $100 $120

$100 $110 $220

$250 $260 $520

$200 $210 $420

$1,000 $1,010 $2,020

(C) Any parking citation which remains unpaid after the 90th day may be turned over to anoutside agency, approved by City Council, which shall be authorized to collect all payment due and levy additional charges as allowed by South Carolina state law.

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 21 Center Street

Folly Beach, SC 29439 Topic: Revision to 50% Improvement Rule for Zoning Only Date: June 9th, 2020 Mayor/Council, The strategic goals of the City include the expansion of paid parking. Staff has worked with our parking contractor to identify areas for expansion as well as costs. The attached sheets show the possible revenues/parking spaces added for the following areas:

Option 1 East: All cross streets from 2nd to 12th going one street back from the beach (between Arctic and Ashley). For 2nd Street East only the side closest to center Street. West: 2nd and 3rd streets (Ashley to Arctic), 4th and 5th from (Ashley to Cooper), and 9th Street West. $88,338.01 from 96 parking spaces Option 2 East: All cross streets from 2nd to 12th going one street back from the beach (between Arctic and Ashley). For 2nd Street East only the side closest to center Street. West: 2nd and 3rd streets (Ashley to Arctic), 4th and 5th from (Ashley to Cooper) plus 8th and 9th Street West. $92,049.20 from 103 parking spaces Option 3 The total for adding one extra block (from Ashley to Cooper) to the areas above plus 6th Street to West Beach Court. $67,131.11 from 62 parking spaces Option 4 The total for the parking spaces on Arctic/Ashley immediately adjacent to the beach accesses where feasible. $11,054.65 from 14 parking spaces. The parking contractor has also been asked to prepare numbers for Center Street to be presented at the meeting along with a cost estimate for needed shoulder improvements prepared by Public Works. Aaron Pope, AICP Deputy Administrator/Zoning Administrator City of Folly Beach 843-276-5568 [email protected]

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mailto:[email protected]

Street Spaces Gained Est. Revenue

2nd E 2 9,638.00$

3rd E 8 17,553.39$

4th E 7 12,393.90$

5th E 7 7,999.20$

6th E 7 3,854.10$

7th E 7 2,916.67$

8th E 7 2,916.67$

9th E 6 4,409.49$

10th E 7 4,486.77$ If all of these paid spaces are implemented, estimated revenue is:

11th E 6 2,250.00$

12th E 3 750.00$

2nd W 1 1,000.00$

3rd (GC spaces) 9 800.00$

4th W Ashley to

Cooper5 7,165.85$

5th W Ashley to

Cooper7 7,238.98$

8th W 7 3,711.19$

9th W 7 2,964.99$

103 92,049.20$

170,234.96$

***All numbers based on 2019 revenue figures******Enforcement wages will not increase as we will just incorporate these new spaces into our current enforcement routes***

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2nd E 5 24,095.00$

3rd E 2 4,389.40$

4th E 0 -$

5th E 3 3,428.22$

6th E 5 2,752.95$

7th E 2 833.34$

8th E 5 2,083.35$

9th E 7 5,144.72$

10th E 3 1,923.00$

11th E 0 -$

12th E 4 1,000.00$

2nd W 0 -$

3rd W 5 7,165.85$ ***based on numbers from 4th W

6th W 21 14,315.28$

62 67,131.11$

Spaces Ashley to Cooper

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2nd E 0 -$

3rd E 1 2,194.70$

4th E 0 -$

5th E 0 -$

6th E 0 -$

7th E 0 -$

8th E 0 -$

9th E 0 -$

10th E 1 641.00$

11th E 0 -$

12th E 0 -$

4th W 1 1,433.17$

5th W 1 1,034.14$

6th W 2 1,363.36$

7th W 2 824.54$

8th W 2 1,060.34$

9th W 2 847.14$

10th W 2 1,656.26$

14 11,054.65$

Spaces on sides of accesses beach side Arctic/Ashley

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Street Spaces Gained Est. Revenue2nd E 2 9,638.00$ 3rd E 8 17,553.39$ 4th E 7 12,393.90$ 5th E 7 7,999.20$ 6th E 7 3,854.10$ 7th E 7 2,916.67$ 8th E 7 2,916.67$ 9th E 6 4,409.49$

10th E 7 4,486.77$ 11th E 6 2,250.00$ 12th E 3 750.00$ 2nd W 1 1,000.00$

3rd (GC spaces) 9 800.00$ 4th W Ashley to

Cooper5 7,165.85$

5th W Ashley to Cooper

7 7,238.98$

9th W 7 2,964.99$

96 88,338.01$ ***Enforcement wages will not increase as we will just incorporate these new spaces into our exisiting enforcement routes.***

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Timeline for FY21 BudgetWeek of June 8 - 12, 2020Monday, June 15, 2020 - Thursday, July 23, 2020Friday, July 24, 2020Friday, July 31, 2020 4:00-5:00PMTuesday, August 18, 2020 10:00AM-4:00PMTuesday, August 25, 2020 10:00AM-4:00PMWednesday, August 26, 2020Tuesday, September 1, 2020Tuesday, September 8, 2020Tuesday, September 22, 2020

Budget Prep, Q1 Revenue Projection and Expense Updates, Finalization Meetings with Dept HeadsDepartment Head Budget Meetings with Finance Director, Administrator, Mayor

Regular Council Meeting for First ReadingSpecial Final Budget Council Meeting for Second Reading and Approval

Staff Present Budget to MayorOverview Presentation and Budgets to CouncilFirst Council Work Session with All Staff Q&A/Budget AdjustmentsSecond Council Work Session with All Staff Q&A/Budget AdjustmentsProposed Municipal & Utilities Budgets Public Notice Advertisement to run on Friday, August 28thBudget Ordinances to Municipal Clerk

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CITY OF FOLLY BEACH Introduced by: Mayor Goodwin Date: June 9, 2020

RESOLUTION 16-20

A RESOLUTION BY THE FOLLY BEACH CITY COUNCIL AUTHORIZING THE CITY OF FOLLY BEACH TO ENTER AND EXECUTE TWO SETTLEMENT AGREEMENTS, ONE BETWEEN THE CITY, CHILDS FAMILY TRUST, DEBBIE’S FOLLY, LLC, AND AMY CONNELLY CONSENTING TO THE CITY’S PROPOSED ABANDONMENT OF A PORTION OF EAST ARCTIC AVENUE, AND ANOTHER BETWEEN THE CITY AND DEBBIE’S’ FOLLY LLC. TERMINATING THE CITY’S CLAIMS AGAINST DEBBIE’S FOLLY LLC. RAISED IN THE CURRENTLY PENDING AVULSION LAWSUIT. WHEREAS, The City of Folly Beach has filed an action to abandon and transfer an unused,

unpaved segment of East Arctic Avenue adjacent to 1217 East Arctic Avenue owned by Debbie’s Folly, LLC, and 1219 East Arctic Avenue owned by Amy Connelly;

WHEREAS, The City is exchanging the abandoned segment of East Arctic Avenue to Amy

Connelly and Debbie’s Folly, LLC, for an equivalent amount of land (50 linear feet) of 1217 East Arctic Avenue and 1219 East Arctic Avenue, the end result being that the buildable portion of property owned by Amy Connelly and Debbie’s Folly, LLC, will be pushed back 50 feet from the oceanfront;

WHEREAS, Childs Family Trust, LLC, has objected to the proposed abandonment and land

swap but have agreed to a resolution of its objections pursuant to a settlement agreement that imposes development restrictions on the use of the Debbie’s Folly, LLC, lot that will result from the abandonment and land swap. Specifically, Debbie’s Folly, LLC, has agreed to a no-build line that is landward of East Arctic Avenue. The settlement agreement imposes no additional substantive obligations on the City other than what was previously agreed to with Amy Connelly and Debbie’s Folly, LLC;

WHEREAS, it is anticipated that with the withdrawal of the Childs Family Trust, LLC’s

objections, the court will approve the abandonment and land swap; WHEREAS, The City of Folly Beach is currently a plaintiff and Debbie’s Folly, LLC, is

currently a defendant in the lawsuit entitled “City of Folly Beach, et al. v. Debbie’s Folly, LLC, et al.,” C/A No. 2018-CP-10-0717 (hereinafter the “Avulsion Lawsuit”);

WHEREAS, The Lawsuit seeks, among other things, a court declaration that 1) the State of South Carolina owns all land seaward of mean high water to be held in trust for

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the public’s use and benefit, and 2) sand fill, renourishment, and other “avulsive” events do not alter the existing mean high water boundary between private property and state-owned public trust, an interpretation consistent with other states; and

WHEREAS, litigation counsel for the City, as well as the other plaintiffs in the Lawsuit have reached a tentative Settlement Agreement with defendant Debbie’s Folly, LLC, based on Debbie’s Folly, LLC’s agreement to a no-build line landward of East Arctic Avenue in its settlement with Childs Family Trust; and

WHEREAS, In exchange for the above, the City, and all other plaintiffs in the lawsuit, have agreed to release and dismiss Debbie’s Folly, LLC, from the Avulsion Lawsuit; and

WHEREAS, Both of the above-described Settlement Agreements are contingent on the City successfully petitioning the Charleston County Circuit Court to approve the abandonment and proposed land swap, which all parties anticipate will happen.

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

That the mayor of the City of Folly Beach is hereby authorized to enter and execute the above-described Settlement Agreements, one between the City, Childs Family Trust, Debbie’s Folly, LLC, and Amy Connelly consenting to the City’s proposed abandonment of a portion of East Arctic Avenue, and another between the City and Debbie’s Folly, LLC, terminating the City’s claims against Debbie’s Folly LLC. raised in the currently pending Avulsion Lawsuit, as well as any other documents needed to effectuate the Settlement Agreements. That the mayor is further authorized in the future to enter and execute any additional settlement agreements or related documents releasing additional defendants from the Lawsuit where those defendants have either donated their beachfront properties below mean high water to the Folly Beach Nature Conservancy or otherwise agreed to forego and bar all development and permanent construction on their beachfront properties for themselves and all future purchasers. RATIFIED this 9th day of June 2020 at Folly Beach, South Carolina, in City Council duly assigned.

ATTEST:

__________________________________ Municipal Clerk Mayor Goodwin

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Regular Meeting Back Up

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From: Jenifer Mahanes <[email protected]> Sent: Monday, June 1, 2020 9:00 AM To: Colleen Jolley <[email protected]> Subject: Beach Yoga

Good Morning Colleen, I am writing to ask city council for permission to teach Folly Beach Community classes on the beach between 2nd & 3rd W.

Before the pandemic our community classes had a regular attendance of around 20-30 people per class. I am grateful for the ability to use the grounds outside our community center but the space is small and I would like to offer classes on the beach as there is more room for social distancing. Please consider allowing our community the option of holding beach classes. Thank you for your time and consideration. It’s an honor to be a part of our Folly community.

ॐ In Oneness, Love, & Light, Jenifer Mahanes, LMT, YT Sacred Body Massage & Healing Arts 213 E. Ashley Ave Folly Beach,SC 29439 843 343-6525 [email protected] Website: sacredbodymassage.org

Be the change you wish to see in the world -Gandhi

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Date: June 9, 2020 To: City Council From: Colleen Jolley, Community Coordinator Re: Folly Family Fun Night 2020

Folly Beach Recreation Programming Update Request to Host Soccer on the Beach

Folly Family Fun Night 2020 Our 5th Annual event will be different this year to say the least. We are excited to announce a themed mobile and livestreamed event each week (6/23 – 7/28). Participating Folly families will be organized into pocket neighborhoods for special deliveries and will participate via Facebook Live for other planned events. We cannot wait!

FB Recreation Programming Update The Parks and Recreation Board is excited to bring soccer, tennis, and pickleball to Folly Beach facilities this summer per Council’s direction to expand recreation programs in the community. These independently contracted services were set to begin this spring but delayed due to the emergency. Per the Governor’s orders we are now gradually working on scheduling programs to get our families out and about with private/semi-private lessons. Our goal is to begin mid-June with limited participation that follows CDC Guidelines. Registration and other information can be found on our website beginning June 15th.

City Contractor Programming: • Use of facilities at no cost• Contractor staffing• Contractor/teacher sets policies/programs• Carries own insurance• Some City promotion• Customer registers/pays contractor directly

Current schedule: Jolly Folly Pickleball- Thursdays & Fridays 8 am – 11 am (Community group) Open to public, Free (they play most mornings when courts are open) Momentum Tennis- Wednesdays & Saturdays 8:30 am – 1:30 pm (Contractor) 6 wks. 10 participants max $35 adult 90 min $25 youth 60 min $10 Folly resident discount Soccer Shots- Tuesdays & Thursdays 5-7 pm & Saturdays 8:30 – 10:30 am (Contractor) 6 wks. 9 participants max $75 $10 Folly resident discount Basketball-TBD

Request to Host Soccer on the Beach 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 at 4th, 10th or 11th West beginning June 15th.

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Treats for Weeks 5-7PM

Dragonfly Kids Yoga (Virtual) 6-7PM

Dinner Time 5-7PM

DJ Halo Halo Dance Party (Virtual) 6-7PM

Water Wars 5-7PM

Everywhere a Superhero 5-7PM

FREE EVENTTUESDAYS

JUNE 23 - JULY 28June 23

June 30

July 7

July 14

July 21

July 28

TAG YOUR PICTURES: @fbparkrec

6'Air Hugs5th Annual

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CITY OF FOLLY BEACH1st Reading: March 10th, 2020 Introduced by: Mayor Goodwin 2nd Reading: June 9th, 2020 Date: March 10th, 2020

ORDINANCE 04-20

AN ORDINANCE AMENDING CHAPTER 151 (BEACH PRESERVATION AND CONSTRUCTION PROVISIONS), SECTION 151.23 (CONSTRUCTION STANDARDS FOR BULKHEADS, RIPRAP, SEAWALLS, REVETMENTS, AND RETAINING WALLS) BY REQUIRING A PRE CONSTRUCTION-SURVEY WITH AN OCRM CERTIFIED CRITICAL LINE IN ADDITION TO THE REQUIRED FLAGGING OF THE CRITICAL LINE PRIOR TO THE CONSTRUCTION OF BULKHEADS.



SECTION 151.23 CONSTRUCTION STANDARDS FOR BULKHEADS, RIPRAP, SEAWALLS AND REVETMENTS, AND RETAINING WALLS WITHIN 15’ OF THE CRITICAL LINE.

(A) For the purposes of this section, the following definitions shall apply:

BULKHEAD. A vertical erosion control device installed on high ground which is adjacent to the marsh front critical line as defined by OCRM.

RETAINING WALL. A vertical erosion control or stabilization device installed on high ground within 15’ feet of the OCRM Critical Line.

REVETMENT. Sloping material installed seaward of a seawall facing the oceanfront baseline as defined by OCRM.

RIPRAP. Sloping material installed in front of a bulkhead on the side of the bulkhead facing the marsh front critical line as defined by OCRM.

SEAWALL. A vertical erosion control device installed on high ground which is adjacent to the oceanfront baseline as defined by OCRM.

(B) The following minimum construction standards are enacted.

(1) All erosion control structures placed wholly or partly within the Dune Management Area orthe setback from the critical line must be maintained in an intact usable condition or removal may be sought at the owner’s expense.

(2) New or substantially improved seawalls and associated revetments on the beachconstructed after March 1, 2019 and placed wholly or partly within the Dune Management Area must be constructed so that the top of the vertical seawall is at an elevation of eight feet NAVD 88. Any portion of the Dune Management Area disturbed for the repair of an existing seawall or the construction of a new or substantially improved seawall after March 1, 2019 shall be filled such that the finished grade of the area of disturbance is at an elevation of ten feet NAVD 88 and planted with appropriate vegetation as designated by the Building Official.

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(3) New or substantially improved bulkheads, retaining walls, and or associated riprapconstructed along the marsh within 15’ of the critical line after March 1, 2019 and placed wholly or partly within the required setback from the critical line must be constructed so that the top of the vertical bulkhead structure is no higher than the adjacent grade on the landward face. Any portion of the critical line setback disturbed for the repair of an existing bulkhead or the construction of a new or substantially improved bulkhead after March 1, 2019 shall be filled such that the finished grade of the area of disturbance is at an elevation similar to the grade on the landward side and planted with appropriate vegetation as designated by the Building Official.

(4) Construction of bulkheads, seawalls, retaining walls within 15’ of the critical line, andrevetments as well as the placement of riprap shall require a permit from the city and proof of location behind the SCDHEC OCRM critical line or baseline in the form of a pre-construction survey with an OCRM certified critical line or baseline location survey and an as-built survey current showing as built improvements and the certified baseline or critical line as applicable.

(5) No portion of a bulkhead, riprap, seawall, retaining wall or revetment shall be placedseaward of the baseline or beyond the critical line without approval of SCDHEC OCRM.

(6) Bulkhead, riprap, seawalls, retaining walls within 15’ of the critical line, and revetmentsshall be designed by a professional engineer, registered in the state and shall meet the following minimum standards:

(a) Bulkhead, retaining walls, and seawall requirements.

1. Materials.

i. Reinforced concrete six inches thick designed with adequate reinforcement to achieve a3,000 psi 28-day strength.

ii. Pressure treated wood three inches by ten inches or three inches by 12 inches tongueand groove, or a double thickness of two inches sheeting with staggered joints is acceptable for walls with a standing height of under four feet.

2. Depth of embedment. The depth of embedment of a bulkhead shall be at least equal theheight of the wall above the ground. An allowance should be made to account for erosion scour after construction.

3. Tiebacks. Tiebacks shall be located at a spacing of eight feet or less and attached to secureanchors capable of withstanding a 2,000-pound pull. Tiebacks may be deleted if a revetment is placed seaward of the bulkhead.

4. Backfill. The bulkhead will be backfilled with a compacted clean granular material toprovide adequate support. “Clean” shall mean no metal, wood or glass.

5. Protection from flanking. Bulkheads will either tie into adjacent bulkheads or will have anadequate return wall meeting the same requirements as the seaward wall.

6. Seawalls. No new vertical unfaced seawall shall be allowed on the ocean front. Any newvertical seawall surface must be faced with a sloping revetment.

ADOPTED this 9th day of June, 2020, at Folly Beach, South Carolina.

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CITY OF FOLLY BEACH

1st Reading: June 9, 2020 Introduced by: Mayor Goodwin 2nd Reading: June 23, 2020 Date: June 9, 2020

ORDINANCE 07-20

AN ORDINANCE TO PROVIDE FOR ADOPTION OF THE FIRST QUARTER FY2021 BUDGET CONTAINING ESTIMATES OF PROPOSED REVENUES AND EXPENDITURES FOR THE CITY OF FOLLY BEACH, SOUTH CAROLINA BEGINNING JULY 1, 2020 AND ENDING SEPTEMBER 30, 2020.

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 first quarter of the fiscal year beginning July 1, 2020 and ending September 30, 2020, the following amounts for the following purposes, are hereby appropriated:

Public Safety $ 804,240 Public Works $ 236,125 General Government $ 196,225 Administration $ 146,620 Buildings & Facilities $ 118,534 Information Technology $ 57,663 Council (Legislative) $ 44,128 Judicial $ 17,376 Mayor (Executive) $ 6,757 Elections $ 3,074

TOTAL EXPENDITURES $ 1,630,742

TOTAL REVENUES $ 1,630,742

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 22

authorized to collect such taxes in conjunction with the Charleston County tax bills as 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 $1,000,000 and in good standing to achieve a minimum $2,000,000 balance on July 1, 2020 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: July 1, 2020

ADOPTED this 23rd day of June 2020, at Folly Beach, South Carolina.


______________________________ Municipal Clerk Tim Goodwin, Mayor

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GENERAL FUND SUMMARY BUDGETS FY2017-FY2020 DRAFT

DRAFTDEPT# DESCRIPTION Q1 FY21 BGT

5100 GENERAL GOVERNMENT 196,226$

5200/5220/5230 PUBLIC SAFETY 804,240

5300 PUBLIC WORKS 236,125

5400 MAYOR 6,757

5500 COUNCIL 44,128

5600 JUDICIAL 17,376

5700 ELECTIONS 3,074

5800 ADMINISTRATION 146,620

6000 FACILITIES 118,534

6100 INFORMATION TECHNOLOGY 57,663

TOTAL EXPENSES 1,630,742$

TOTAL REVENUES 1,630,742$

EXCESS REVENUES/(EXPENDITURES) 0$

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CITY OF FOLLY BEACH


ORDINANCE 08-20

AN ORDINANCE ESTABLISHING THE WATER UTILITY BUDGET AND APPROPRIATING THE NECESSARY FUNDS FOR THE OPERATION OF THE FOLLY BEACH WATER UTILITY FOR THE FIRST QUARTER OF FY2021, BEGINNING JULY 1, 2020 AND ENDING SEPTEMBER 30, 2020.


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

Operational Expenses $ 212,783 Salaries & Benefits $ 55,164 Contracts $ 14,746 Payment in Lieu of Tax $ 60,000

TOTAL EXPENDITURES $ 342,693 TOTAL REVENUES $ 400,770

SECTION 2. There is hereby appropriated out of the Water Utility revenues for first 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 July 1, 2020.




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FY2021 WATER UTILITY BUDGET REVENUES

DRAFTACCOUNT # ACCOUNT NAME Q1 2021 BGT

4300-0000 PENALTIES -$ 4300-1000 WATER CUT-ON FEES - 4400-1000 HYDRANT METER FEES 526 4400-3000 MASTER METER MAINT 3,583 4400-4000 BACKFLOW ADM - 4400-5000 METER TRANSFERS 1,198 4400-6000 IMPACT FEES 1,650 4510-0000 WATER SALES 392,064 4520-0000 TAP FEES 1,250 4600-4000 MISCELLANEOUS 500 4650-0000 SALE OF ASSETS - 4900-0000 INTEREST -

TOTAL REVENUES 400,770$

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FY2021 WATER UTILITY BUDGET EXPENSESDRAFT

ACCOUNT # ACCOUNT NAME Q1 2021 BGT

5000-0000 PAYMENT IN LIEU OF TAXES 60,000$ 5000-2104 PENSION EXPENSE - 5000-3150 POSTAGE 400 5000-3200 WATER SYSTEM REPAIRS 18,272 5000-3300 OPERATING SUPPLIES 200 5000-3301 OFFICE SUPPLIES 250 5000-3400 DUES, TRNG, & PROF DEV - 5000-3500 FUEL 1,559 5000-3550 VEHICLE REPAIRS & MAINT 1,000 5000-3700 UNIFORMS 200 5000-3800 UTILITIES 2,326 5000-4000 CAPITAL - 5000-4500 WATER PURCHASES 178,463 5000-4550 METERS & CASTINGS 4,283 5000-4900 BANK CHARGES - 5000-5100 CONTRACTS 14,746 5000-5150 GENERAL ENGINEERING - 5000-6100 GENERAL INSURANCE 5,829 5000-6800 WORKERS COMP 201 5000-6901 RESERVE-CAPITAL - 5000-7100 DEPRECIATION-BUILDINGS - 5000-7001 DEPRECIATION-WATER SYSTEM - 5000-7102 DEPRECIATION-IMPROVEMENTS - 5000-7103 DEPRECIATION-MACH & EQUIP - 5000-7104 DEPRECIATION-MOTOR VEHICLES - 5000-7740 LOSS ON SALE OF ASSETS - 5000-7850 DECLARED EMERGENCY - 5000-7903 REV BOND PRINCIPAL - 5000-9020 REV BOND INTEREST - 5300-1100 UTILITIES SALARIES 31,429 5300-1104 UTILITIES OVERTIME 1,004 5300-2100 UTILITIES HEALTH 5,849 5300-2101 UTILITIES FICA 2,393 5300-2102 UTILITIES RETIRE 5,047 5800-1100 ADMIN SALARY 6,977 5800-1300 ADMIN OVERTIME - 5800-2100 ADMIN HEALTH 647 5800-2101 ADMIN FICA 529 5800-2102 ADMIN RETIRE 1,086

TOTAL EXPENSES 342,693$


SURPLUS REVENUE (EXPENSE) 58,077$

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DRAFT

Contractor Q1 FY21 BGTEXTERNAL AUDIT -$ HARRIS/TYLER SOFTWARE MAINTENANCE - INVOICE CLOUD/OPEN EDGE 600 ITRON 1,950 MVRS - SOUTHERN CORROSION - WATER PLANT PUMP MAINT. & REPAIR - XC2 BACKFLOW SOFTWARE 309 PALMETTO UTILITY PROTECTION SERVICES (811 Member) - AQUATIC ANALYTICS 900 SCDHEC DRINKING WATER COMPLIANCE 9,022 BLACK MULE PRINT BILLING 1,965

14,746$

CONTRACTS & PROFESSIONAL SERVICES

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CITY OF FOLLY BEACH


ORDINANCE 09-20

AN ORDINANCE ESTABLISHING THE SEWER UTILITY BUDGET AND APPROPRIATING THE NECESSARY FUNDS FOR THE OPERATION OF THE FOLLY BEACH SEWER UTILITY FOR THE FIRST QUARTER OF FY2021, BEGINNING JULY 1, 2020 AND ENDING SEPTEMBER 30, 2020.


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

Operational Expenses $ 90,118 Salaries & Benefits $ 21,336 Contracts $ 4,880

TOTAL EXPENDITURES $ 116,334 TOTAL REVENUES $ 222,485

SECTION 2. There is hereby appropriated out of the Sewer Utility revenues for the first 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 July 1, 2020.




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Q1 FY2021 SEWER UTILITY BUDGET REVENUES


4300-0000 PENALTIES -$ 4400-1000 TAP FEES - 4400-2000 SEWER USEAGE FEES 222,037 4400-5000 SEWER TRANSFER FEES 448 4400-6000 IMPACT FEES - CITY - 4400-7000 IMPACT FEES - JIPSD/CWS - 4600-4000 MISCELLANEOUS - 4900-0000 INTEREST -


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Q1 FY2021 SEWER UTILITY BUDGET EXPENSES


5000-2104 PENSION EXPENSE -$ 5000-3200 SEWER SYSTEM REPAIRS - 5000-3300 OPERATING SUPPLIES 200 5000-3400 DUES, TRNG, & PROF DEV - 5000-3600 MISCELLANEOUS - 5000-3800 UTILITY CHARGES 2,354 5000-4000 CAPITAL - 5000-4500 TREATMENT CHARGES 81,735 5000-5100 CONTRACTS 4,880 5000-5150 GENERAL ENGINEERING - 5000-6100 GENERAL INSURANCE 5,829 5000-6800 WORKERS COMP 201 5000-6901 RESERVE-CAPITAL - 5000-7100 DEPRECIATION SEWER SYSTEM - 5000-7101 DEPRECIATION MACH & EQUIP - 5000-7740 LOSS ON SALE OF ASSETS - 5000-7850 DECLARED EMERGENCY - 5300-1100 UTILITIES SALARIES 8,309 5300-1104 UTILITIES OVERTIME 251 5300-2100 UTILITIES HEALTH 1,369 5300-2101 UTILITIES FICA 636 5300-2102 UTILITIES RETIRE 1,332 5800-1100 ADMIN SALARIES 6,977 5800-1300 ADMIN OVERTIME - 5800-2100 ADMIN HEALTH 647 5800-2101 ADMIN FICA 529 5800-2102 ADMIN RETIRE 1,086

TOTAL EXPENSES 116,334$


SURPLUS REVENUE/(EXPENSE) 106,151$

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CITY OF FOLLY BEACH1st Reading: June 9th, 2020 Introduced by: Mayor Goodwin 2nd Reading: Date: June 9th, 2020

ORDINANCE 10-20

AN ORDINANCE AMENDING CHAPTER 72 (PARKING REGULATIONS), SECTION 72.11 (PROPERTY LEFT ON A STREET OR RIGHT-OF-WAY) AND SECTION 72.17 (PARKING BONDS) BY ESTABLISHING A TIME LIMIT FOR PROPERTY LEFT IN THE RIGHT OF WAY AND INCREASING THE MINIMUM FINES FOR PARKING VIOLATIONS.



SECTION 72.11 PROPERTY LEFT ON A STREET OR RIGHT-OF-WAY.

It shall be illegal for any person or business to leave any item of personal property, other than a legally parked, operable and legally registered motor vehicle (including vehicles with attached trailers), entirely or partially in a street or right-of-way. Trailers legally attached to an operable and legally registered motor vehicle may be parked in the right-of-way for no more than 24-hours, unless the right-of-way is adjacent to the vehicle owner’s property. City Council may grant temporary variances of this section for good cause. For the purposes of this section, personal property does not include trash, garbage, or other items that have been legally placed in a right-of-way for pickup by the city or county. Property or trailers left for greater than 24 hours may be towed or removed by the Department of Public Safety.

SECTION 72.17 PARKING BONDS.

(A) If the owner of a vehicle is found in violation of any offenses detailed in§§ 72.01 through 72.14 and pays the penalty or appears before the Municipal Court and is foundguilty, the penalty shall be as follows:

(1) Parked within in 15 feet of a fire hydrant: $100;

(2) Parked on the beach, a dune or in a vehicle access to the beach: $200;

(3) Parked in marked handicap area: $1,000;

(4) Commercial loading or delivery violations: $250;

(5) Parking in violation of any other parking regulation: $40 $60.

(B) The penalty assessed for late payment shall be determined from the amount of the originalbond as follows:

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31ST DAY 61ST DAY

$40 $60 $50 $70 $100 $120

$100 $110 $220

$250 $260 $520

$200 $210 $420

$1,000 $1,010 $2,020

(C) Any parking citation which remains unpaid after the 90th day may be turned over to anoutside agency, approved by City Council, which shall be authorized to collect all payment due and levy additional charges as allowed by South Carolina state law.

ADOPTED this ____ day of _________ 2020, at Folly Beach, South Carolina.



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CITY OF FOLLY BEACHIntroduced by: Mayor Goodwin Date: June 9th, 2020

RESOLUTION 14-20 A RESOLUTION BY THE FOLLY BEACH CITY COUNCIL AWARDING RFP 03-2020 FOLLY BEACH PUBLIC SAFETY ROOF AND MECHANICAL UNIT REPLACEMENT.

WHEREAS, The City desires to award a contract to replace the roof and the mechanical unit at the Public Safety Building at 106 West Cooper Avenue; and

WHEREAS, Pursuant to the City of Folly Beach Code of Ordinances, in the event there is a need for services or items in excess of $20,000, formal bidding procedures must be followed with limited exceptions; and

WHEREAS, Formal bidding procedures were followed, and an ad was placed in the paper at least five days prior to the opening of the proposals as required by our purchasing procedures: and

WHEREAS, 5 proposals were submitted by the following vendors: • Rike Roofing Services Inc. $368,000.00 • Baker Roofing Company $380,490.00 • Keating Roofing & Sheet Metal $419,945.00 • K&K Industries $524,811.70 • ARC $629,412.00

WHEREAS, The City has a remaining balance of $66,450.89 funding from a settlement agreement based on the original construction of the roof.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of Folly Beach, South Carolina, that RFP 03-20 Folly Beach Public Safety Roof and Mechanical Repair be awarded to Rike Roofing Services Inc. in the amount of $368,000. Funds should be taken from the following sources:

• $66,450.89 from Reserve-Claims & Judgements• $6,000.00 from Public Safety Facilities• $295,549.11 from General Fund Unrestricted Cash.

RATIFIED this 9th day of June 2020, at Folly Beach, South Carolina, in City Council duly assigned.

ATTEST:

___________________________________ ________________________________ Municipal Clerk Tim Goodwin, Mayor

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CITY OF FOLLY BEACHIntroduced by: Mayor Goodwin Date: June 9th, 2020

RESOLUTION 15-20 A RESOLUTION BY THE FOLLY BEACH CITY COUNCIL AWARDING RFP 04-20 FOLLY BEACH 3RD EAST ARCTIC BEACH ACCESS REPLACEMENT.

WHEREAS, The City desires to award a contract to replace the beach access at 3rd East Arctic; and

WHEREAS, Pursuant to the City of Folly Beach Code of Ordinances, in the event there is a need for services or items in excess of $20,000, formal bidding procedures must be followed with limited exceptions; and

WHEREAS, Formal bidding procedures were followed, and an ad was placed in the paper at least five days prior to the opening of the proposals as required by our purchasing procedures: and

WHEREAS, One proposal was submitted by the following vendor: • Charleston Dock and Wall Option 1 $33,000.00 • Charleston Dock and Wall Option 2 $34,160.00

NOW, THEREFORE, BE IT RESOLVED, by the City Council of Folly Beach, South Carolina, that RFP 04-20 Folly Beach 3rd East Arctic Access Replacement be awarded to Charleston Dock and Wall for Option 2 (Stainless Steel Hardware) for $34,160.00. Funds should be taken from the following sources:

• $27,980.00 from Walkover Retreats and Relocations• $6,180.00 from Beach Access Management.

RATIFIED this 9th day of June 2020, at Folly Beach, South Carolina, in City Council duly assigned.

ATTEST:

___________________________________ ________________________________ Municipal Clerk Tim Goodwin, Mayor

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Facilities Maintenance

Building Safety

Code Enforcement

Beach Management

6-4-2020

Department of Building & Facilities

TO: City of Folly Beach Mayor and Council

RE: Recommendation for award of RFP 04-20

We had one bidder for RFP 4-20 and the bidder was responsive.

21 Center Street

Folly Beach, SC 29439

843-708-9982

[email protected]

Bidder is Charleston Dock and Wall (currently doing Folly River Dock Repair and Washout Revetment

Improvement for the City).

Total bid price: Option 1. $33,000.00 (Galvanized Hardware) Option 2. $34,160.00 (Stainless Steel

Hardware)

After consultation with Dr. Elko I recommend that we go with Option 2 at $34,160.00 by using

$27,980.00 out of - Walkover Retreats and Relocations (fy20 budget).

and $6180.00 out of - Beach Access Management.

Please fee free to contact me with any questions.

Sincerely,

Eric Lutz CBO, CFM

Building Official

Director Public Works

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CITY OF FOLLY BEACH Introduced by: Mayor Goodwin Date: June 9, 2020

RESOLUTION 16-20

A RESOLUTION BY THE FOLLY BEACH CITY COUNCIL AUTHORIZING THE CITY OF FOLLY BEACH TO ENTER AND EXECUTE TWO SETTLEMENT AGREEMENTS, ONE BETWEEN THE CITY, CHILDS FAMILY TRUST, DEBBIE’S FOLLY, LLC, AND AMY CONNELLY CONSENTING TO THE CITY’S PROPOSED ABANDONMENT OF A PORTION OF EAST ARCTIC AVENUE, AND ANOTHER BETWEEN THE CITY AND DEBBIE’S’ FOLLY LLC. TERMINATING THE CITY’S CLAIMS AGAINST DEBBIE’S FOLLY LLC. RAISED IN THE CURRENTLY PENDING AVULSION LAWSUIT.

WHEREAS, The City of Folly Beach has filed an action to abandon and transfer an unused, unpaved segment of East Arctic Avenue adjacent to 1217 East Arctic Avenue owned by Debbie’s Folly, LLC, and 1219 East Arctic Avenue owned by Amy Connelly;

WHEREAS, The City is exchanging the abandoned segment of East Arctic Avenue to Amy Connelly and Debbie’s Folly, LLC, for an equivalent amount of land (50 linear feet) of 1217 East Arctic Avenue and 1219 East Arctic Avenue, the end result being that the buildable portion of property owned by Amy Connelly and Debbie’s Folly, LLC, will be pushed back 50 feet from the oceanfront;

WHEREAS, Childs Family Trust, LLC, has objected to the proposed abandonment and land swap but have agreed to a resolution of its objections pursuant to a settlement agreement that imposes development restrictions on the use of the Debbie’s Folly, LLC, lot that will result from the abandonment and land swap. Specifically, Debbie’s Folly, LLC, has agreed to a no-build line that is landward of East Arctic Avenue. The settlement agreement imposes no additional substantive obligations on the City other than what was previously agreed to with Amy Connelly and Debbie’s Folly, LLC;

WHEREAS, it is anticipated that with the withdrawal of the Childs Family Trust, LLC’s objections, the court will approve the abandonment and land swap;

WHEREAS, The City of Folly Beach is currently a plaintiff and Debbie’s Folly, LLC, is currently a defendant in the lawsuit entitled “City of Folly Beach, et al. v. Debbie’s Folly, LLC, et al.,” C/A No. 2018-CP-10-0717 (hereinafter the “Avulsion Lawsuit”);

WHEREAS, The Lawsuit seeks, among other things, a court declaration that 1) the State of South Carolina owns all land seaward of mean high water to be held in trust for

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the public’s use and benefit, and 2) sand fill, renourishment, and other “avulsive” events do not alter the existing mean high water boundary between private property and state-owned public trust, an interpretation consistent with other states; and

WHEREAS, litigation counsel for the City, as well as the other plaintiffs in the Lawsuit have reached a tentative Settlement Agreement with defendant Debbie’s Folly, LLC, based on Debbie’s Folly, LLC’s agreement to a no-build line landward of East Arctic Avenue in its settlement with Childs Family Trust; and

WHEREAS, In exchange for the above, the City, and all other plaintiffs in the lawsuit, have agreed to release and dismiss Debbie’s Folly, LLC, from the Avulsion Lawsuit; and

WHEREAS, Both of the above-described Settlement Agreements are contingent on the City successfully petitioning the Charleston County Circuit Court to approve the abandonment and proposed land swap, which all parties anticipate will happen.

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

That the mayor of the City of Folly Beach is hereby authorized to enter and execute the above-described Settlement Agreements, one between the City, Childs Family Trust, Debbie’s Folly, LLC, and Amy Connelly consenting to the City’s proposed abandonment of a portion of East Arctic Avenue, and another between the City and Debbie’s Folly, LLC, terminating the City’s claims against Debbie’s Folly LLC. raised in the currently pending Avulsion Lawsuit, as well as any other documents needed to effectuate the Settlement Agreements.

That the mayor is further authorized in the future to enter and execute any additional settlement agreements or related documents releasing additional defendants from the Lawsuit where those defendants have either donated their beachfront properties below mean high water to the Folly Beach Nature Conservancy or otherwise agreed to forego and bar all development and permanent construction on their beachfront properties for themselves and all future purchasers.

RATIFIED this 9th day of June 2020 at Folly Beach, South Carolina, in City Council duly assigned.

ATTEST:

__________________________________ Municipal Clerk Mayor Goodwin

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CITY OF FOLLY BEACH · Folly Beach Code of Ordinance be amended as follows: NOTE: Deleted material...

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