MYRTLE BEACH, SOUTH CAROLINA HALL 20...CITY OF NORTH MYRTLE BEACH, SOUTH CAROLINANORTH MYRTLE BEACH...
Transcript of MYRTLE BEACH, SOUTH CAROLINA HALL 20...CITY OF NORTH MYRTLE BEACH, SOUTH CAROLINANORTH MYRTLE BEACH...
CITY OF NORTH MYRTLE BEACH, SOUTH CAROLINANORTH MYRTLE BEACH CITY HALL
CITY COUNCIL MEETINGMONDAY, March 20,2017
AGENDA
6:30 P.M.A. ROLL CALL
Executive Session: Annual Evaluation of the City Attorney
7:00 P.M.B. INVOCATION:C. PLEDGE OF ALLEGIANCE
2. MINUTES:A. City Council Meeting of March 6,2017
3. COMMUNICATIONS:A. PROCLAMATION: Proclamation National Safe Place'Week.
B. LONGEVITY AWARDS:Susan Mitchell-5 years
Justin Carter- 10 years
C. Monthly Reports for are posted online
4. ANNOUNCEMENTS BY MAYOR AND CITY COUNCIL
CONSENT AGENDA:
OLD BUSINESS:
A. ORDINANCE/SECOND READING: A Major Planned Development DistrictAmendment MJPDD 16-04 to Barefoot Resort PDD Dye Estates.
5.
6.
7. NE\ry BUSINESS:
A. MAJOR PLANNED DEVELOPMENT DISTRICT AMENDMENT MNPDD-I7-0I: A requested revision to the Town Center on Main Planned DevelopmentDistrict to replace a 3,400 square foot restaurant with additional residentialtownhomes.
B. RESOLUTION: Resolution to approve the Mutual Aid Agreements for the20I7Memorial day Bike Week Event
C. ORDINANCE/ FIRST READING: An Ordinance to amend the FranchiseAgreement for Randall Duke to allow the addition of a fourth Parasail Boat.
8. PUBLIC COMMENT:Please observe the rules. Public Comment is limited to 3 minutes and will be timed.A warning light for 30 seconds will appear.
9. ADJOURNMENT:
Rules regarding video recording and photographv:
Except during the ceremonial portion of the Council meeting, all video recording and
photography shall be conducted @:1. While seated in the back row of the Council chambers, or
2. While standing behind the last row of seats in Council chambers
CITY OF NORTH MYRTLE BEACH, SOUTH CAROLINANORTH MYRTLE BEACH CITY HALL
CITY COUNCIL MEETINGMONDAY, March 6,2017
Minutes
7:00 p.m.
A. ROLL CALL: Councilman Cavanaugh opened the meeting and asked the City Clerk to call the rollMarilyn Hatley, Mayor Absent
Terry White- Absent
Bob Cavanaugh
Fred Coyne
Nicole Fontana
JO BaldwinHank Thomas
Mike Mahaney, City Manager
Chris Noury, City AttorneyMerideth Smith. City Clerk
The Invocation was given by The City Manager
Councilman Cavanaugh led the Pledge of Allegiance
Minutes of the City Council Meeting of February 20,2017 were approved as amended.
COMMUNICATIONS:PROCLAMATION: Councilman Cavanaugh presented a Proclamation proclaiming the Month of March
as Red Cross month. Jerry Tecak accepted for the Red Cross.
Councilman Cavanaugh announced that Monthly Reports are posted online. There were no questions byCouncil
ANNOUNCEMENTS BY MAYOR AND CITY COUNCIL Councilman Cavanaugh stated that City
Council just had its Budget Retreat and finalized the preliminary Budget for the City for the next fiscal
year starting in July. The bottom line is that the City property tax will not be increased for next year and
the five year forecast shows no increase needed for the next five years, In addition no user fee increases
are also planned for this year.
Funding for significant infrastructure projects will continue such as cherry grove dredging, underground
conversion of utilities, widening of Ocean Blvd and resurfacing streets. The next ocean outfall at 18'h
north to improve water quality is also plarured. Beach renourishment is critically needed and $500,000 has
been committed to that effort through Atax funds.
Councilman Cavanaugh also praised the NMB Community Band stating that over 500 were in attendance
at the last performance, He also pointed out that sporls teams are here and that sports tourism is doing
well,
L
CONSENT AGENDA:The City Manager read the Ordinances by title.
Councilman Cavanaugh called for a motion to accept on Consent. The motion was made byCouncilwoman Fontana and seconded by Councilman Coyne. There were no questions and no
public comment. Councilman Cavanaugh called for the vote. The motion to approve on consent
passed 5-0.
A. ORDINANCE/SECOND READING: An Ordinance to amend section 5-24 ofthe City Code of Ordinance titled Placing Obstructions on the Beach to
establish the dimensions of authorized "Baby Tents
B. MOTION: Motion to approve the20I7 Spring Safari SOS Parade
C. MOTION: Motion to approve the Wheels to Surf Event
OLD BUSINESS:A. ORDINANCE/FIRST READING: A Major Planned Development District
Amendment MJPDD 16-04 to Barefoot Resort PDD Dye Estates.
(Tabled to March 6,2017 meeting)
Councilman Cavanaugh called for a motion to remove from the table. The motion was made byCouncilman Thomas and seconded by Councilwoman Fontana. Passed 5-0.
The City Manager read the Ordinance by title
Councilman Cavanaugh called for a motion to approve. The motion was made by Councilman
Baldwin and seconded by Councilwoman Fontana. Councilman Thomas stated that he was
pleased that the City had received a letter from the attorney representing the HOA that they
approved of the development plans.
The City Attorney confirmed that this was correct.
Councilman Cavanaugh stated that he thought it was good that they had included overflowparking.
There was no public comment and Councilman Cavanaugh called for the voter. The motion to
approve on first reading passed 5-0.
2
NEW BUSINESS: None
PUBLIC COMMENT: None
ADJOURNMENT: Being no further business the Mayor adjourned the meeting at7:I4 p.m.
Respectfully submitte{,
e/ZZMerideth Smith, City Clerk
MARILYN HATLEY, MAYORMinutes approved and adopted this 20 Day of March,2017
SUMMARY MINUTES OF CITY COUNCIL MEETING, Audiotapes of the meeting are on hle and are included by reference as part of thismeeting. An agenda ofthis meeting has been either mailed or made available to persons, organizations, and local news media as per their request.
Theagendagivesthedate,time,andplaceofthemeetingaswell astheorderofbusiness. ThisdisclosureisincompliancewiththeSouthCarolina Code of Laws of I 976, Section 30-4
3
s
hoclnmntion
Proclaim the week of March 19 through March 25, 2O!7, es "National Safe Place Week"; and
calluponthepeopleof NorthMyrtleBeach,SCandinterestedBroupstopromoteawarenessof,andvolunteer ¡nvolvemeãtin, the Safe Place program; and observe the week with appropriate ceremonies
and aitivities.
¿r*,
STATE OF SOUTTI CAROLINACOL]NTYOFHORRY
CffY OF NORTT{ þIYRTLE BEACH
Whereas the youth of North Myrtle Beach, SC will determine the future strength of our country and be
the bearers of our democracY;
Whereas youth need a safe haven from various negâtive influences, such as child abuse, substânce abuse,
depression, and crime, and youth need readily available resources to ass¡st them when faced with
c¡rcumstances that compromise the¡r safety;
Whereas the Safe Place@ program is committed to protecting the youth of North Myrtle Beach, SC by
offering short-term housing ât neighborhood locations where trained volunteers are available to counsel
and advise young people seeking assistance and guidance;
Whereas, designated locations where youth can get informat¡on and immediate care, Safe Place is found
at businesses, such as restaurants, convenience stores, movie theaters, and community buildings such as
fire stations, libraries and community centers;
Whereasthe success ofSafe Piace is based on public/private collaborations between businesses, school
systems, f¡re departments, law enforcement, and a network of volunteers;
Whereas North Myrtle Beach, SC needs, increased numbers of community volunteers serving as mentors
and posit¡ve influences on young people;
Whereas the Safe Place program must meet performance standards, relative to outreach and commun¡ty
relations, to receive direct federal assîstance as set forth in the Runaway and Homeless Youth Act (42
U.S.C. 5701 et seq.);
Whereas more than 1,400 commun¡t¡es in 37 states admin¡ster the Safe Place program at more than
20,000 locations;
Whereas more than 344,OOO youth have been helped at a Safe Place location or received counseling by
phone because of Safe Place information received at school;
Whereas since program ¡ncept¡on in 1983, more than 14 million youth have been reached through
National Safe Place Network's Building a Safety Net for Youth campa¡gn, familiarizing them w¡th the Safe
Place sign and providing them with informat¡on about how to seek help in order to stay safe;
Whereas increased awareness will encourage more communities to establish Safe Place locat¡ons where
youth can readily access the help they need. Now, therefore, North Myrtle Beach and the Honorable
Mayor Hatley and City Counc¡l
Signed:
Date
s
Information ServicesFebruary 2OI7
Grs
o February's report will be published with March. Sarah is on vacation any I did not recive her
activities report.
Technologv
o We ordered a new HP Generation t host server to add to our virtualization pool. Weanticipate that it will provide capacity to finish the Version 6 upgrade.
. We checked the operational status of our equipment at the Sports Park in anticipation ofthe early March start.
. The failure of one of our VMWare host servers has been extended by HP not being able topinpoint the cause. So far the motherboard and both processors have been replaced andthe spontaneous faílures continue. We are now exploring the possibility that network cardsmay be causing the issue.
o We are seeding (replicating backups) a backup server in preparation of moving it to thebusiness continuity site in Myrtle Beach.
. John Quesenberry continues to work on a network redesign.o We did an analysis of our internet connections since many are reaching end of contract.
We determined that adding two connections from both Frontier and HTC would provide thediverse routing and failover we require.
Websites
o Rob has written some enhancements to the events calendar. lt now includes sports tourismevents and links to the individual sites.
o He is still acting in the DBA capacity. Which is taking away from trying to move NMB.USinto a cloud based environment.
o We relaunched the Wellness screening app. lt is a health assessment and wellnessscreening appointment application.
o Rob converted some training videos for streaming from our intranet site.o According to "Stat Counted' NMB.US had 232,238 unique visitors in February versus
23,479 in January. PARKS.NMB.US had 12,637 unique visitors in February compared to9,284 in January. Aquatics and Fitness had 6,021 unique visitors in February compared to7,334 in January. Public Safety had 3,616 unique visitors in February compared to 4,304 inJanuary. The Sports Park site had 10,125 unique visitors in February compared to 6,696unique visitors in January.
MONTHLY REPORT
FINANGE DEPARTMENT
Febru ary 2017
FINANCE DIRECTORThe Director and the Accounting Staff spent much of the month of February preparing forBudget Retreat. The presentation of the FY 2018 Budget was finalized and presented toMayor and Council at the annual Budget Retreat on February 27th & 28th.
The Director also spent time reviewing cash flow projections and monthly revenue andexpenditure results. Most funds have had a good first eight months for FY2017. Work hasalready begun on the FY2018 Budget Cycle. Reimbursements for Hurricane Matthew havebegun to come through. The total for the hurricane without the debris removal contractorand monitor is just under $1,000,000.
Cash Flow Proiections for Next Month
Fund
General FundWater/Sewerlmpact Fees
BeginningBalance
$ 12,461,13615,561,500
1,799,061
$ 1,200,0001,300,000
100,000
$ 2,500,0001,300,000
100,000
$ 11,161,136$ 15,269,949$ 1,799,061
YieldSpread
10o/o to .75o/o
1O%to.75%10o/o to .75o/o
Collections Expenditures
ACCOUNTING
ln February, 651 Accounts Payable and 952 Payroll checks were issued by the AccountingDivision. The total dollar amount of all Accounts Payable checks was $5,906,154.79.
GENERAL FUNDMonthly Report
July 1 ,2016 to February 28,2017
FY2016AnnualBudget
FY2016YTD
Actual
FY2017AnnualBudget
FY2017YTD
Actual
REVENUESCurrent TaxesDelinquent TaxesHospitality FeesLicenses & PermitslntergovernmentalFines/ForfeituresUse of Money/PropertySales/Service ChargesMiscellaneous/Grantslnterfund Transfers
TOTAL
EXPENDITURESGeneral Governmentlnformation Services
FinancePublic SafetyCommunity ServicesPublic WorksParks & RecreationSupport ServicesDebt ServiceOther Financing Uses
TOTAL
$ 12,250,000395,000
4,411,1008,761,5001,057,300
360,000185,000937,50040,000
1,135,480
$ 12,144,963169,881
2,672,2271,982,331
591,387203,925125,782672,844
52,110818,683
$ 13,150,000240,000
4,770,0009,286,5001,159,560
356,000419,000
1,085,50040,000
1 ,175,000
$ 12,8s7,801227,198
2,773,3501,954,957
733,522246,153132,865674,75879,833
807,460
$ 29,532,890 $ 19,434,033 $ 31,679,560 $ 20,487,896 650/o
1,740,929456,782476,272
9,524,8771,'103,5421,304,3512,863,62'l
739,571329,167
98%95%58%21%63%69%32%62%
200%69%
70%99%57%69%64%61o/o
63%68%29o/o
ÙYo
g 2,279,934455,1618',12,324
13,053,7391,844,9812,082,7964,242,273
936,4971,176,2852,650,000
$ 1,722,249 $299,659493,424
8,956,9441,140,4361,458,1152,778,810
632,689329,167
2,474,465 $463,321833,709
13,808,9441,730,8802,155,6944,565,1211,087,5651,134,8613,42 5.000
$ 29,532,990 $ 17,911,494 $ 31,679,560 $ 18,539,113 59%
WATER & SEWER FUNDMonthly Report
July 1 ,2016 to February 28,2017
FY2016AnnualBudget
FY2016YTD
Actual
FY2017AnnualBudget
FY2017YTD
Actual
REVENUESWater UsageSewer UsageWater TapsSewer Tapslnterest on lnvestmentsService ChargesLate Payment PenaltiesGrantsMiscellaneous
TOTAL
EXPENSESWater BillingPublic Works Admin.Wastewater TreatmentWells/Lift MaintenanceConstructioniMaintenanceOverhead AllocationDepreciationDebt lnterest
TOTAL
$ 7,475,000 $5,050,000
50,00020,000
125,00075,00080,000
5,246,685 $3,488,423
53,70017,21411,70844,99049,705
7,475,000 $5,050,000
50,00020,000
125,00075,00080,000
237,500 163,352 237 500 269,927
4,650,8983,064,605
46,86015,15010,42240,74'l36,628
62%61o/o
94o/o
76%8%54%460/o
0%114o/o
63To
57o/o
69%61%66%67Yo
65%72o/o
$ 13,112,500 $ 9,075,776 $ 13,112,500 $ 8,135,231 620/0
$ 604,179 $677,934
1,895,837'1,976,384
3,940,9522,398,3762,600,000
285,500
377,496 $427,695
1,204,2331,038,9552,468,6051,587,9312,057,691
150,806
599,344 $684,955
1,908,2551,878,5264,014,1142,586,7783,186,537
230,200
376,208388,954
1,312,5441,154,1532,652,7771,724,5442,057,691
164,850
$ 14,369,162 $ 9,313,412 $ 15,088,709 $ 9,831,722 65%o
SOLID WASTEMonthly Report
July 1 ,2016 to February 28,2017
REVENUESMiscellaneous RevenueFees BilledLate Payment Penaltieslnterest on lnvestmentsGrantslnterfund Transfer - A-Tax
TOTAL
EXPENDITURESCommercial CollectionTransfer StationResidential CollectionTrash/Litter CollectionBeach CleaningRecyclingDepreciation ExpenseOverhead Allocation
TOTAL
8,000 $4,300,000
27,500
8,000 $4,350,000
27,500
$
FY2016AnnualBudget
FY2016YTD
Actual
FY2017AnnualBudget
FY2017YTD
Actual
61Yo
660/o
50%
69Yo
66%
5,1682,857,150
18,448(e70)
$ 4,9002,885,812
13,680(1,087)
290,833 209,691 296,757 205,031
$ 4,626,333 $ 3,089,487 $ 4,682,257 $ 3,108,336
$ $ 295,083 $541,849584,921189,03489,660
256,754266,667460,830
468J92 $834,514993,082333,706260,005391,763450,000730,076
28't,846568,841623,318228,208116,812238,925300,000576,608
453,557823,750975,003
60To
68%63%68%45%61To
67To
79To
296,261,369,400,
983587990000245691
$ 4,272,115 $ 2,684,797 $ 4,461,338 $ 2,934,558 66%
BEACH SERVICESMonthly Report
July 1 ,2016 to February 28,2017
REVENUESMiscellaneous Revenue $NMB Merchandise SalesBeach Obstruction Removal FeeRentalsAll day Wrist Band Sales $20Single Ride Sales $3Weekly Ride Sales $60Group HIPPO Rate $5Season PassesFrozen Lemonade SalesOther SalesSponsorshipslnterfund Transfer - A-Taxlnterfund Transfer- Local A-TaxTransfer from Capital lmprovementsLess Sales Tax
20,000$ 11,211 $ 20,000$ 4,800
FY2016AnnualBudget
FY2016YTD
Actual
FY2017AnnualBudget
FY2017YTD
Actual
74o/o
51%24%74o/o
0%o%58%2%
149%ÙYo
0o/o
71%
1,600,00048,75073,7502,500
350,00010,000
112,848589,001
1,208,69536,92036,2403,9601,4692,040
239,1163,279
81,363
1,850,00048,75073,7502,500
310,00010,000
'l'12,848589,001
1,366,13424,76017,9301,960
6811,351
179,134210
168,256
TOTAL
EXPENSESPersonnel - ConcessionsOper.& Maint.- ConcessionsPersonnel - LifeguardsOper.& Maint.- LifeguardsDepreciationOverhead AllocationsTransfer Out General Fund
(145,000) (103,207) (145,000) (103,048)
$ 2,661,849 $ 1,521,085 $ 2,871,849 $ 1,662,067 580/0
$ 566,802 $232,350624,12636,070
100,000509,960
390,609 $122,085478,94434,78766,667
339,973
572,267 $251,052623,12635,850
150,000598,174
341,510134,810425,84626,067
100,000398,784
60%54%68%73o/o
67Yo
67Yo
0o/o
TOTAL $ 2,069,308 $ 1,433,064 $ 2,230,469 $ 1,427,017 640/0
AQUATICS & FITNESS CENTERMonthly Report
July 1 ,2016 to February 28,2017
FY2016AnnualBudget
FY2016YTD
Actual
FY2017AnnualBudget
FY2017YTD
ActualREVENUESMembership FeesEnrollment FeesGrantsPrograms - OperatingPrograms - NonoperatingLocal AccommodationsA-Tax Transfer lnLess Sales TaxMiscellaneous
TOTAL
EXPENSESAdministrationAquaticsActivity SpecialistFitnessCustodiansDepreciationlnterestOverhead
TOTAL
$ 1,639,000 $55,000
383,00010,000
433,499
1,063,724 $33,548
253,6593,087
622,384
(3,146)(183.21)
1,659,000 $55,000
384,00010,000
493,749
1,000.00g 2,521,499 $ 1,973,072 $ 2,601,749 $ 1,949,110
$ 790,323 $219,356187,007340,384137,877272,245169,213205,094
490,913 $116,446128,944218,86288,933
181,49767,041
136,730
826,281265,700187,602280,982142,133272,245151,717225,089
$ 568,452163,940119,248165,09792,611
181,497102,171150,056
$ 2,321,499 $ 1,429,365 $ 2,351,749 $ 1,543,072
1,044,91037,884
192,81512,883
662,816
(2,071)(127.16\
63%69%o%
50o/o
129Yo
134o/o
0%0o/o
0%
75%
690/0
62Yo
64Yo
59%65%67%67Yo
67o/o
66%
Ut¡lity Billing / Meter Reading
Monthly Report 3t15t2017
MTD622239
6011
3652
Dates
YTD YTD
lO4 lo 01111
Present Month
c.B.
er Servicec.G
1IGH RDG. CHECKSINSTALLS
ODIIIII
c.BIIII
c.GIIII
MTD24
82721
W.HMTD I
18 I7t4t
14 I
YTD3811
937
MTD11
0,|
19
YTD33
61
Previous Month:12114 to 12115
12119 to 121201212'l to 12128
118 to 01119
124 to 01125126 to 011311 to 02106
241011
urrent Period35
002
eter BoxesMeter Boxes RaisedMeter Lids
o.D.MTD / YTD
01
Year to Date
MTD0 0
c.B
6902
4
MTD Ic.G
IW.H.
MTD / YTD01
YTD0
YTD0
Maintenance Program
Flow Tests
D
1
01
0
Gonsumption Replacements
2
0
32
MT I YTD
GroveBeach
III
MONTHLY REPORT . FINANCE
February 2017REVENUES
REVENUES February 2017 FY20'17 Actual FY2017 Budget % of Budget
Prooertv Taxes s1.184.47 s5.106.858.83 $13.390.000 38o/o
Business Licenses s22.987.92 $361.825.57 $6.425.000 6%o
Business License Penalties $621.39 s10.147.44 $40,000 25o/o
Hosoitalitv Fees $167,208.46 $4,287,886.76 $5.945.000 72o/o
Hosoitalitv Fee Penalties $409.03 $3.081.98 $11.000 28Yo
Santee Cooper Franchise s0.00 $723,504.02 $1,400,000 52o/o
Local Government Taxes s0.00 s0.00 $350.000 Oo/"
Th¡s Month
36s28
s22.579.78
BUSINESS LICENSE INSPECTIONS REPORTHours n
Licensed
MISCELI-ANEOUS REVENUES
state aid to subdividersmerchant's ¡nventory reimbursement taxtime warner franchise feehorry co. $30 road taxShop with SantaHorry Telephone Cable Franchise FeeHorry Electric Franchise FeeSCANA (s c e & 9) Gas FranchiseSantee Cooper Franchise FeeNew Wave Water SportsCoast 2 CoastNMB WatersportsMASC lnsurance collection program
MASC telecommunication collection programFire Contract Briarcliffe AcresFire Contract Horry CountyProperty Rent (Escod, Weight Watchers, RJ Griffin)
ABC Temporary PermitsAdmission Tax - Barefoot LandingHomestead Exemption Tax4th Av S Parking Lot
INVESTMENT RETURNSReourchase Aoreements
94 613.0331 I
351
9.87
s326.21
$816,887.88
$15,766.22
$18,447.30
0.130%SCLGIP O.150/õ
UTILIW BILLING FEBRUARY 2017
WATER SEWER GARBAGECAPITAL
FEES
rorALS $479,133 $345,429 $358,666 $533 $237,434
USAGE TOTALS
H20USAGE
91,444
SEWERUSAGE
79,914
H20SERVICES
13,610
SEWERSERVICES
TOTALS 13,459
BILLING TOTALS
DATE
2115t2017
SEWER
345,429
GARBAGE
358,666
Febru ùryr 2017 Report
Department of Public Safety
StatisticsTotal calls for service February 2017: 2,073Pofice: 1,836 Fire: 237
Total calls for service February 2016: 2,654Police: 2,387 Fire: 267
Fire Down By:Police Down By:
30551
Fire PreventionConducted 401 Fire
Inspections
Fire/Rescue Division responded to 36 fire alarms, 3 structure fires, 3
brush fires, ll8 first responder calls, assisted police with 14 accidents, and 4
elevator entrapments, among others.
Law Enforcement Division responded to l18 business alarms, 2l code
violations, 24 domestic violence calls, 5 assaults, l9 shopliftings, l9 keep
watch reports, 159 suspicious calls, 78 vehicle accidents, 26 larcenies,22 calls
for property damage,6 burglaries, 57 ACO calls, 15 B&E autos,48 public
disorderly calls, l5 narcotics violations, 100 public assistance, among many
other calls.
Traffic Stops initiated for February 2017Traffic Stops initiated for February 2016
4t4454
Total Arrests for:February 2017:
February 2016:
February 2015:
lleridort$ DN
9l6l69
MEMO
TO Mayor and City Council
Jim WoodDirector, Planning & Development
March 3,2017
FROM:
DATE:
RE: Monthly Report - Department of Planning & Development
Attached is the Febmary monthly report for the Department of Planning and Development,
The report identifies the construction permits issued and inspections performed. The activities ofthe Planning Commission and Board of Zoning Appeals are also included.
Office of Planning and Developrnent
l0l8 2'd Avenue South, North Myrtle Beach, SC 29582
BUILDING DIVISIONMONTHLY REPORT FEBRUARY 2017
PERMITS ISSUED THIS LAST FEB THIS FY LAST FY %CHANGEMONTH MONTH 2016 YTD YTD
Single Family *
Townhouse Building Permits -Townhouse UnitsMultifamily BuildingsMultifamily UnitsMixed-Use (Comm & M/F)Hotel/Motel BuildingsHotel/Motel UnitsCommercialRelocationDemolitionsSwimming PoolsSignsAlter/Addition/RepairMobile Homes (New)Mobile Homes (Replace)RV's/Park ModelsOther
190
(0)0
(0)00
(0)1
0I3I
24501
031
1628
(8)0
(0)00
(0)56
263541
1 8501040
298
14o/o
-67Yo
-7ÙYo
Oolo
o%o%0%0%
-38%20Yo
37%-31Yo
-27o/o
6%43%
300%0%5o/o
14224
(27\1
(6)00
(0)I51951
561 750
71
2283
222
(2)0
(0)00
(0)1
03
1010
224001
35
300
(0)0
(0)00
(0)002414
2501
00
31
TOTALS: 317 332 308 2445 2349 4%
CERTIFICATES ISSUED THISMONTH
LASTMONTH
FEB2016
THIS FYYTD
LAST FYYTD CHANGE
otto
C.O.'sZonino Comoliances
16745
17549
16861
1272359
1465468
-13%-23%
NUMBER OFINSPECTIONS
TH¡S
MONTH
LASTMONTH
FEB
2016
THIS FY
YTD
LAST FY
YTD CHANGE
olto
BuildingElectricalPlumbingHVAC/Gaslnfo (Tenant Changes)C.O.'sOther
1721531091051418278
157170131
1302217874
23415911913015
17766
1243118483680393
1578477
145710717221065109
1 596384
-15%11Yo
16%-250/-15%-1o/o
240/Totals:Daily Average
81341
862 6214 6404 -3Yo9004343
BUILDING VALUATIONTHIS FY TO DATE LAST FY TO DATE CHANGE
$91,633,221.86 $78,416,540.92 17Yo
REVENUETHIS FY TO DATE LASTFYTODATE FYBUDGET %OFBUDGET$407,844.35* In Feb - 0 Duplex Structure
- In Feb. 0 TH Bldgs, 0 Permlts
$444,421.2e $400,000.00 1O2Yo
t
CITY OF NORTH MYRTLE BEACHMAJOR PROJECTS PERMITTED
PLANNING & DEVELOPMENTFEBRUARY 2017
#1 COASTAL NORTH - Phase IIl, Bldg G
PROJECT LOCATION: 1200-1232Hwy 17 N
CONTRACTOR: ORDNER CONSTRUGTION CO INC
VALUATION: $1,006,890.28
PERMIT FEE COLLECTED: $3,430.50
DESGRIPTION: Gonstruction of a4 unit "shell only" steel framesingle story commercial bldg
#2 BEACH COVE
PROJEGT LOCATION: 4800 S Ocean Blvd
CONTRAGTOR: J E DUNN GONSTRUCTION CO
VALUATION: $646,500.00
PERMIT FEE COLLECTED: $1,969.00
DESCRIPTION: Replacement of stairs in towers 1 & 4
PLANNING COMMISSIONMONTHLY REPORT
February 2oL7
During the month of February zor7, the City of North Myrtle Beach Planning Commission held two (z)
regular meetings and two (z) workshops. Work continued on the draft Comprehensive Plan rewrite, and
staff estimates roughly 7oo/o of the information has been completed. Staff anticipates workshops withPlanning Commission and the public to begin in April.
February 7, zottOld Business
A. MAJOR PLANNED DEVELOPMENT DISTRICT AMENDMENT MJPDD'r6'o4:A revision to the Major PDD Amendment regarding the Barefoot Resoft Planned DevelopmentDistrict to allow changes to the approved development in Dye Estates.
Action: The Planning Commission voted unanimwsly to table the Major Planned Development
D¡str¡ct Amendment to the February 2r, 2o7Zt meeting.
New Business
A. ELECTION OF OFFICERS: An election by the Planning Commission to determine a Chair and
Vice-Chair for the calendar year.
Action: The Planning Commission voted unanimously to elect Rob Kayton to the pos¡tion oJ Chair
and Harvey Eísner to the position of Vice-Chair for the calendar year.
B. MINOR PLANNED DEVELOPMENT DISTRICT AMENDMENT MNPDD-L7'o3lA requested revision to the Barefoot Landing Planned Development District to add
approximately zoo square feet of wooden decking nearthe carousel.
Action: The PlannÌng Commission voted unanimously to approve the Minor Planned Development
District Amendment.
February zr, zorTOld Business
A. MAJOR PLANNED DEVELOPMENT DISTRICT AMENDMENT MJPDD"T6'o4:A revision to the Major PDD Amendment regarding the Barefoot Resoft Planned Development
District to allow changes to the approved development in Dye Estates.
Action: The Planning Commission voted unanimously to remove the item from the table and to
recommend approval of the proposed Major Planned Development District Amendment.
1
New BusinessA. MAJOR PLANNED DEVELOPMENT DISTRICT AMENDMENT MJPDD-r7-or: A requested
revision to the Town Center on Main Planned Development District to replace a 3,4oo square footrestaurant with additional residential townhomes.
Action: The Planning Commission voted unanimously to table the Major Planned DevelopmentDistrict Amendment to the March 7t 2or7t meeting. A workshop was scheduledfor March 7, zot7, atto A.M. to discuss the proposed amendment.
B. M¡NOR PLANNED DEVELOPMENT DISTRICT AMENDMENT MNPDD-I7-o4: An applicationfor a Minor PDD Amendment to the Barefoot Resoft Planned Development District to allow
changes to the approved development increasing the common open space at the Retreat at
Barefoot Village adjacent to units six (6) and seven (7).
Action: The Planning Commission voted unanimously to approve the Minor Planned Development
Dìstrict Amendment.
C. BONDED FINAL SUBDIVSION PLAT 5UF-r7-oz: A bonded Major Final Plat of Subdivision tocreate four (+) buildable lots of record, the extension of an existing private right-of-way, and a
new private right-of-way within phase zC of the Retreat at Barefoot Village.
Action: The Planning Commission voted unanimously to approve the Major Bonded Final Plat ofSubdivision upon the condition of the letter oÍ credit being submitted.
Respectfu I ly su bm itted,
4"C8"¿-Aaron C. RuckerPrincipal Planner
2
BOARD OF' ZONING APPEALSFEBRUARY 2017Monthly Report
Due to no quorum present, the Board of ZoningAppeals did not meet on February 9,2017.
To: Paul BlustFrom: Ben CaldwellRE: February Building Maintenance Progress Report / Outstanding Caseload312117
Any future detes listed below illustrate the expiration of the initial 90 day grace period
2405 Metts Drive - 5/21/17*Siding is missing in some areas an appears rolten in some areas and is need or repair or replacement*Several windows are boarded up. Boards must be removed and any broken or missing window panes shall be replaced
241 7 Ridge Street - 4/16/1 5-Siding, soffits and fascia are rotten and need replaced in several areas*Permit issued 6126115-Work started, approximately 75% finished
603 27th Avenue South- 3/1/16tSidlng in some areas is rotten and in need of repair or replacement*Rear door is boarded up - remove boards and assure the door is properly functioning*Screens are rotted and torn, replace, remove or replace the screens*Accessory building has a caved in roof - repair, replace or remove accessory building*Roof of main structure is caving in, repalr or replace the roof area that is collapsing*Zoning Enforcement Officer will be issuing a citation*House demolished, case closed,
607 35'h Avenue South- 6/9/16*Rotten fascia in need of repair or replacement, shingles missing in need of replacement and broken window awnings in need of
repalr, replecement or removal*Zoning Enforcemenl Officer will be issuing a citation
451 7 Sandp¡per Street - 6/30/16*Door off hinges needs repaired or replaced, screens need removed or replaced and the roof is leaking and needs repaired or
replaced*House removed, case closed
2406 Dale Street - 7/19/16*Broken windows are in need of replacement-Window screens are torn or severely worn and in need of replacement or removal.Underskirting is missing is some areas and needs to be repìaced*House removed, case closed
2405 Dale Street- 8/2/16*Window screens are torn or severely worn and in need of removal or replacement
2404 Dale Street - B/3/1 6*Underskirting is missing is some areas and needs to be replaced
"Door is dilapidated and in need of repair or replacement*Zoning Enforcement Officer will be lssuing a citation
3404 A Poinsett Street - 8/36/16*Siding, windows, doors, screens, platforms, decks, and landings are all fire damaged and in need of repair or replacement*No progress - citation issued - October 5rh Court Date - Defendant requested and was granted continuance
' Defendant requested jury trial
612 6th Avenue South - 9/20/16*Rotten roofing, missing shingles, roof in need of repair or replacement
4506 Osproy Street- 11/24/16*Exterior siding/skirting is missing in some areas and need replaced*Torn scr€€ns need replaced or removed.Property in compliance, case closed
904 Seaside Drive - 11/25/16*Decking and window frames are in poor condition and need replaced or repaired
"Screens are torn and need replaced or removed
805 Wayne Street - 11/18/16*Siding and under skirting is missing in some areas and needs to be replaced*There are missing and cracked window panes that need to be replaced.Doors shall fit properly and be operable; they shall not be boarded up. Door boards shall be removed*Accessory structure is dilapidated and needs repaired, replaced or removed
451 I Curlew Street - 10/21/16*Siding is rotten in some areas and needs replaced*Screens are torn and need replaced or removed*Accessory bu¡lding is damaged and in need of repair or removal.Roof is damaged and tarps are affixed. The roof needs to be properly repaired or replaced
Porch/deck is dilapidated and in need of replacement or repairs
603 27th Avenue South - 11/23/16*Roof is collapsing in the rear of the home and needs repaired or replaced*There are missing window panes and cracked window panes that need to be replaced*The roof of the accessory structure has caved in and needs to be replaced
1608 South Ocean Blvd - 12/23/16*Windows, screens, doors and siding all in various stages of disrepair and in need of replacement or repair*Perm¡t issued for repairs*Property in compliance, case closed
301 56ttt Avenue North - 12nA16*Roofing, siding, steps, decks, screens and siding are all in disrepair and in need of replacement or repair*No progress, Zoning Enforcement Officer will be issuing a citation
316 50tt' Avenue Noñh - 12/9/16*Roofing, siding, steps and windows need replaced or repaired*Permit issued for repair and replacement
2700 Highway 17 South - 1/26/17*Front façade of building sheared off due to high wind*Replacement or remodel of front is requ¡redtAfter initial cleanup of fallen debris no further work has been initiated.Citat¡on issued for March 15th court date
1506 J Havens Drive - 1/25/17*Shingle and fascia board damage ls in need of repair or replacement
1505 24th Avenue South - 4/3/17*Complete loss fire damage - no demo or cleanup has occurred*Complete demo and cleanup of property is required
707 Windy Hill Road - 3/12/17-Siding and roof¡ng damaged and in need of rêpa¡r or replacement
'Property in compliance, case closed.
2405 Nixon Street - 5/16/17.Deck is dilapidated and in need of repair or replacement
1304 Seaslde Drlve - 5/8/17*Siding and roofing are in disrepair
4501 South Ocean Blvd - 5/23/17
'siding and steps in disrepair and in need of replacement or repair
Page 1 of7
Parks and Recreation Department
C¡ty Gouncil ReportFebruary 2017
City Gouncil March 20,2017
The Aquatic and Fitress Center ended the month with 2661 packages. The facility has been busy withwinterfriends, severalspecialevents, and members having fun while they participate in fitness classes.
Packages as ofJanuary
Packages as ofFebruary
Packages as of March
Packages as of April
Packages as of May
Packages as ofJune
Packages as ofJuly
Packages as ofAugust
Packages as of September
Packages as ofOctober
Packages as of November
Packages as of Decæmber
2011
2301
2344
2303
2142
2072
2149
2166
2178
2153
2155
2167
2146
2012
2427
2ß82401
2182
2191
2208
2221
2190
2136
2143
22U
2216
2013
241
2508
2440
2291
2230
2305
23r'3
2230
2188
2185
2262
2274
2014
2535
25/,6
25/:9
2339
2300
2317
2317
2278
2296
2236
2364
2383
2015
2æ5
2740
2700
2506
2415
2Æ6
2471
2412
2355
2330
2æ7
2426
2016
2æ6
2æ6
2æ9
2421
2412
2ß7
2441
2358
2330
2324
2æ2
2361
2017
2656
2661
Member check-in:
February 2017:23,240
February 2016= 25,568
Parks and Recreation DepartmentCity Council Monthly ReportFebruary2O17Page2of T
Aquatic Proqrams
o There were 211 0 participants in the water exercise classes, 224lap swimmers, 2057whirlpool users and 1888 therapy pool swimmers
Swimming Lessons
. Group swim lessons that began in January will end March 11
Februarv Events
. The AFC hosted the SC SCY State Championship meetwijl.l. 162 participants
. Dolphin swim team has 55 participants
. Coastal Scuba had 8 hours of lane rentals over a four day periodo A Water Exercise lnstructor in-service was held with 6 participating. One Dolphin tryout was done and two swim assessments for lesson placement were done
March Events
o Dolphins swim team will participate in a swim meet in Conwaythis month. Jr. Guard continue training with Beach Patrolo Coastial Scuba has requested 8 hours of lane rental for training throughout the month. A kayak class will be offered March 30. A lifeguard recertification is scheduled for March 5. Lifeguard certification course will be held March 16-20o AFC willfacilitatethe Palmetto Championship swim meet March 24-26o NMB Fire Deptwill hold staff swim training severaldays this month. Dolphins swim team continues practice 5 days a week
Fitness Proqrams
. February 2017 Land class participation:4351215 classes forthe monthClass average: 20.24
o February 2016 Land class participatton:4241196 classes forthe monthClass average:21.6
r Total orientations forthe month: 32. Fun Fit Club 44 participants
Parks and Recreation DepartmentCity Gouncil Monthly ReportFebruary 2017Page 3 of7
Child Watch & Activitv Proqram
. Averaged 8 participants in the moming progmm Total- 202 visits
. Averaged 11 participantsintheevening program Total-218visits
. 12 kids in gymnasium
. Adult gym participation average was 39 with a total of 475 adults in the gym forthe montho After School average for the month 31
Open Volleþall Nights - Thursday at 7 pm in the racquetball oourts have 6-10 adulb eachnight.
o Parents Night Out had 13 participants. One Birthday Partyfora member
Customer Service
TotalTours:54Number of lnState Tours: 34Number of Outof-State Tours: 2039 tours letters were sent out and 55 new member letters were mailed to those wlro joined inFebruary
Recreation
Artists Evervwhere¡ January 17 - February 15: Jewel Becker Simmonsr February 14 - March 15: Rebecca Lindblade (student's artwork)
Special Events/Festivals
St. Patick's Day Parade and Festival. March 11
. All applications are due February 10,2017o NewLogo
Touch a Trucko AprilS. NMB Park & Sports Complexo Cunently accepting applications for vendors
Diva Half Marathon & 5k. Expo: MayS&6. Race: MayT
Parks and Recreation DepartmentGity Council Monthly ReportFebruary2017Page 4 oÍ7
Mavfest on Main. May 13o Vendor applications will be released Marclr 14,2017
SummerConcert Series. Musicon Main: May 18-September 28, everyThursdayT-9PM. Sounds of Summer:June 16-September 15, third Friday 7-9PM. All entertainment for the concerts are booked
Ot^ltdoor Proqramminq
Clemson Extensíon
. Working with Clemson Extension to gauge interest in possible programs at theNMB Park and Sport Complex. Possible programs include gardening, robotics,engineering, wildlife, nature, agriculture, entomology, and other topics of interest toyoung people. Open to ages 5-19.
SponsorshipsSports Complex/Recreation :
o New Sponsorshipso Cheeseburger in Paradise
. Renewalso Cherry Grove Beach Houseso Brigman Companyo BagelPorto Bonyourslef.como Dairy Kingo Dicks Last Resorto CCNBo Car Cityo CherryGroveAutomotive
St. Patrick's Parade & Festival:. Stage sponsors
o Burger Fi
o Flynn's lrish Tavemo Santee Cooper
Summer Concert / Movie Series:. Musicon Main Sponsors- CCNB. Sounds of Summer-Avista. Movies at McLean - North Strand Nissan
Parks and Recreation DepartmentCity Gouncil Monthly ReportFebruary2017Page 5 of7
KNMMB
Unfinished Businesso There will be a planning meeting in March for the October 2017 GO Festival.. The SCLCA/KSCB Conferencewillbe February 23ñ atthe Hilton. Four KNMBB members
are registered to attend. Others who are interested may be able to registerat the door.. NMB High School and CCU students, along witl'r other volunteers, cleaned the dunes and
beach accesses on February 11h. Anotheicleanup is scheduled for Sunday, February 26hfrom 2:00 pm - 4:30 pm. Participants will meet at Burgess Prqserve and be shuttled to theCherry Grove beach accesses.
. A group of residents applied to plant a Community Garden on cityovvned property on 27hAvenue South, west of Highway 17. The City Attorney is meeting with ürem to work out thedetails. lf approved, they are eligible for $250 in reimbursement for expenses.
o Monday after the Masters is April 10. Volunteers forfull{ay or halfday shifts are needed.. The annual Wateruvay Cleanup will be Apnl22ñ, Earth Day, staging at Johnny Causey
Landing. BreaKast and lunch will be provided. Volunteers will clean marshes, watenruays,and Waities lsland from 8:30 am until noon.
o A new bannerwas hung at NMB High Sdrool. The NMB Middle School banner is readyand will be hung when the school liaison is available. Banners for the elementary schoolsare planned.
New Business. The Grand Strand Professionals organization will sponsora beach cleanup on April29h,
stiaging at Molly Darcy's on 17h Avenue South.
OtherAnnouncements. Keep North Myrtle Beach Beautiful will have a booth at Mayfest. ldeas were discussed for
attnacting children to the booth.
Athletics
a NMB Youth Basketball games ended on Friday, February 17. Basketball for 2017ended with 336 participants and 33 teams ranging from ages 7 to 15 (increase of8% from 2015)Basketball All Star teams were selected for the 10U, 12U,14U boys and 12U girls
to participate in the SCAP District tournaments.Spring sport registration began on January 30th and ended on Februa ry 24'n.Sportsoffered are youth baseball, youth softball, youth soccer, adult soccer and adultsoftball. To date, over 530 children have registered from the spring sports season.
a
a
Parks and Recreation DepartmentCity Council Monthly ReportFebruary2O17Page 6 of7
Sports Tourism
. 4 sports tourism events held in February. SC Masters Swim Meet (AFC)- 162 swimmers. Beach City basketball- 12 teams. UNCW Frisbee - 24 teams. Michael Nash Soccer Tournament - 19 teams
. Total February Economic lmpact = $444,859 (62% increase from 2016)
. Attended South Carolina Sports Alliance annual business meeting
. Met with Sports Ambassadorso Continued preparations for USA National Basketball Tournament and upcoming
Collegiate Spring Training Events.
Beach Services. Beach boxes repaired and readyto retum to beach 3129117
. All beach service trucks have maintenance requestforms completed
. Completing rehire paperwork and new hire as well
o Cunently 50% staffed with interviews stillundenruay. Beach Service employment positions still posted for concession worker as well as
concession supervisor. Receiving beach wheel chair reservation requests
Parks and Grounds
Non-Routine Proiects and Activities
Parks and Beach. Finalize Rail and walkover repair at Heritage Shores. Hurricane Matthew Sand fence debris removal and temporary sand fill at uncovered
beach walkover structureso Easing of dune escarpments to make beach accessible this beach seasono Landscape renovations and mulching at Central Park
Recreation and Special Events. Remove Christmas tree recycling remains and debris. Contractor repair of Hurricane Matthew damaged backstops at Central Park
Parks and Recreation DepartmentCity Council Monthly ReportFebruary2017PageT of7
Topdress and Roll North Myrtle Beach Park & Sports Complex Meadow damagefrom GCLS
a
Medians and Right of Ways. Hazard tree consultation and/or mitigation at gth S and Edgewood, Shadowmoss,
1205 Edge, 809 Hillside, Possum Trot Rd, 20th N, and North Myrtle Beach Park &Sports Complex wetlands
o Fill/grade ROW drain at Havens/Holly near 13th S. Hand clear aírport ditch near air traffic tower
Grounds Maintenance. Landscape renovations at Municipal Complex, Main Street Connector, Main Street,
Community Center and select Fire Stations.
Park and Sports Complexo Finish landscape renovations at Baseball and soccer complexes. Mulch all of
baseball and common areas.. Finish installation of split rail fencing at baseball press boxes and seating areaso lnstallation of drainage modification and weir system at soccer complex. Pre-season infield renovations and tournament preparation
OtherPlan and coordinate Phase ll of GSWSA trail and wetland footbridge betweenNorth Myrtle Beach Park & Sports Complex lakefront and baseball parking
Upcoming Projects¡ Contractor repair/replacement of damaged or unusable beach walkover structures. Mulch North Myrtle Beach Park & Sports Complex soccer complex and parkingo Winter Planting. Staff 1"t aid/CPR training and certification. Beach access marker and walkover maintenance. Spring Annualflower planting. Construct GCLS Storage building and trailers
a
PUBLIC T|/ORKS DEPARTMENTMonthly Report
Kevín D. Blayton, PEDírector
ENGINEERING DIWSIONTrøvis Dupree, PE
Engíneering Manager
SANITATION DIVISIONLent WíIIiøms, Superintendent
STREET & DRAINAGE DIVISIONRobert Turner, Superíntendent
UTILITY DIVISIONRalph Norris, Superíntendent
March 2017
Water Supply & Demand - January
o Monthly Avg. Day System¡ Average Day Measured*to Monthly Total System Water¡ Billed Water**
Wastewater Collection & Treatment- January
o Monthly Average Daily Flowo Monthly Peak Daily Flowo Total Metered Flow**¡ Billed Usage**o Unbilled Usage**
Solid Waste Collection & Disposal -January
o Volumeo MSWo Yard Wasteo Recycled ilncludes E-Waste)
o C&Do Total Pick-up/Disposal
o Recycling %o Landfill Disposal Cost
Public Works DepartmentMonthly Statístìcs
2017
3.4 MGD4.7 MGD
105,438,200 Gallons139,970,000 Gallons
2.0 MGD2.4 MGD3.2 MGD
98,145,000 Gallons551,000 Gallons
714 Tons372 Tons168 Tons128 Tons1,382 Tons
235%831,644
2016
3.3 MGD3.6 MGD
102,982,250 Gallons110,131,000 Gallons
3.1 MGD6.1 MGD2.9 MGD
87,008,000 Gallons1,815,000 Gallons
727 Tons477 Tons165 Tons79 Tons
1,448 Tons22.6%
$31,480
**Includes portion of current month and prior month based on meter reading schedule
Departmental Notes - February 2017
o Capital Project Update attachedo CCU Ocean Monitoring Report - January
Public \Morks DepartmentCapital Improvement Project [Jpdate
Water ønd Sewer System fmprovements
Storm Drøinage System Improvements
Progress & Goal
Bid June 2017
Bids received March I0,2017.Begin construction early April.
Continue Construction
Begin Construction April 201 7.
Continue survey and design.
Status
Design 90%
Construction 0olo
Construction25%o
Construction 0olo
Design20%o
Funding Source /Cost
Utility Fund
$750,000
Utility Fund
$1.630.000
Utility Fund
Water & SewerCapital
$1,435,000
Water/Sewer Impact
$350,000
Engineer /Contractor
Thompson/Dupree/Blayton
TBDThompson/Dupree/
BlaytonTBD
Dupree/ DDC
RH Moore
Thompson /Dupree / Blayton
Greenwall
Dupree/Blayton
CityForceÆBD
Location
Various
Various
17ú Avenue Southto 28th Avenue
South
Ocean DriveWWTP
Riverside Dr. LRNRd. to end
Description
2016 WaterImprovements
2016 SewerImprovements
South Ocean BoulevardWater/Sewer, Crescent
Beach
AI\ryW Retaining Wall
Riverside DriveWater/Sewer
Progress & Goal
Continue survey and design. BidAprll2}I7.
Status
Design 90%Complete
Funding Source /Cost
Stormwater Fee
$515,000
Engineer /ContractorThompson/
Dupree / Blayton
TBD
Location
LRNR- MagnoliaDrive Pond
1lth Avenue North -Bellamy Rd
5th Avenue South to6th Avenue South
Pine Street
Description
Priority Group IDrainage System
Improvements
1 4/t3t20r6
Public Works DepartmentCapital Improvement Project [Jpdate
Street Improvements
Progress & Goal
SCDOT Approval.
Continue Design. ObtainSCDOT approval
Continue Construction
Continue Construction
Pull wire set equipmentremove poles
Continue Construction
Bid Opening March 15,2017
Construction defered, fu ndingand right-oÊway
Status
Design Complete
Design 90%
l5olo Construction
Corstruction
Construction95Yo
Construction- 5Yo
Bid
Preliminary designcomplete
Funding Source /Cost
Development/StreetImp Fund/CTC
$2.500.000SCDOT/GSATS
$3,500,000
Street Imp Fund,Franchise Fund
SCDOT / GSATS
$3,329,000
Street Imp Fund,Franchise Fund
$5,800,000
Street Imp Fund,Franchise Fund
Street Imp Fund
$1,760,000
Street Imp Fund
$750,000 Estimate
Engineer / Contractor
Dupree/B layton/S tantec
TBDDupree / Blayton/Stantec
TBD
Dupree/ DDC
RH Moore
SCDOT/STV
Palmetto
Dupree/DDC
Greenwall Construction
Dupree/lvlead & Hunt
TBD
Thomp son/Dupree/B layton
TBD
Dupree / Blayton
TBD
Location
l lth Ave N - Hwy17 to Golfuiew
Drive
17û Ave S to 28th
Ave S
lTtn Avenue Southto 28th Avenue
SouthOcean Creek toBarefoot Resort
Bridee Rd.
Ocean Creek toWH Rd. Ext.
Sea MountainHwy to 29th Ave
North
Various
Cherry GroveMarsh along LakeAve. @ Burgess
Preserve
Description
l1ú Ave N RoadWidening
South Ocean BlvdWidening, Crescent
BeachSouth Ocean
Boulevard E/CIT,Crescent BeachHwy 17 South
Intersections WindyHill
Hwy 17 SouthElClT, Windy Hill
NOB E/C/TCherry Grove
Roadway,Sidewalk, & Paving
Improvements
Lake AvenueBoardwalk
2 4/13120t6
Public Works DepartmentCapital Improvement Project Llpdate
Street fmprovements
Progress & Goal
Construction deferred,development schedule.
Continue Construction
Begin Construction February20t7
Status
Design complete.
Construction- IÙYo
Construction- I0%o
Funding Source /Cost
Street Imp Fund
$95,000
Street Imp Fund
$99,000
Street ImpFund/SCDOT
$s30,000
Engineer /Contractor
Thompson/Dupree/Blayton
TBDThompson/Dupree/
Blayton
Sellers
Dupree / Blayton
Coastal Asphalt
Location
Highway l7 at2"dAvenue North
3'd Ave S60ú Ave N
33'd Ave S -Replace Handrail
Water Tower Road
Description
2nd Avenue NorthWidening
Beach AccessHandicap
Boardwalks
Eastcoast Greenway
3 4lt3l20t6
c-OFsr,Ãr cAnoLINAUNIVERSITY
Envlronmenlol Quollly Lob
Woccomow Wolershed AcodemySchool of Cooslql ond Mo¡lne Systems Science
College of Science
North Myrtle Beach - Ocean MonitoringOfficial Results lor January 2017
* All enterococci results determined by IDEXX Defined Substrate Technology methodusing IDEXX Enterolert reagent and IDEXX Quanti-Tray and at least a 1/10 dilution.
LaþoratorySample lD
Fi€ldSampl6 or
Slts fD
SC DHECWaccamaw
S¡te lO
Sampl¡ngSite
Location
SampleCollection
PointCollection
OateColleclion
T¡meNeafest
Tidal SlateNearest
Tide TimeSalin¡ty(psu)
Conductiv¡ty(us)
EnterococciMost Probable
Number(MPN/100m1)
SampleTyp€
Ê17-0021 WAC.O9A WAC.O9A Whlt Pl Sßs¡ Srarh@nflmæ 11312017 '11:17 H¡gh I 1:15 339 <10 Grab
e17-0022 -09 wAc{9 4TlhAve Sq¡h Slr.cl üd 1t312017 1'l:30 High 11:15 339 <10 Grab
E17-OO23 wAc-08 -08 SikdAvo Soothffiddf4* ¿¡dsgo 1t3t20't7 1 1:38 High I 1:15 338 <10 Grab
E',l7-OO24 WAGOT wAc-07 l7lhAv. South$rmt em drdfilE diçhe¡gt 1t312017 'l l:55 HrSh 11:15 33.9 20 Grab
817-0025 06 wAc-06 glh Avo So{.ÉhSüEd olÉ arúftr dischåIg€
11312017 12:Oe High ll:15 338 <10 Grab
E1 7-0026 wAc-05A {54 7ìh Aw Sølñ St@t or¡d and
ipe d¡æhargÊ1t3t2017 12:.'13 H¡gh 1 1:'1 5 338 <10 Grab
817-0027 wAc-o5 wAc-05 3rd A6 llodh SlF6t ond sndfipe d¡s.àargG
11u2017 12:23 High 1 1:15 338 <10 Grab
817-0027 wAc-05 -05 3d Aw Noff SlreEt dd andptp€ dlsarúrg€
'v3t20't7 12:23 Hish 1'l:l 5 338 <10 LO
e17-OO2A WAGOS wAc-o5 3d Aæ NoñhAtqd qd an¡tplpo dischargs
'U3t2017 12:29 Hish 11:15 338 <10 FD
817-OO29 -04 WAC-(M 16lh Àve Ndh Slrogl qd aridpipo d¡n irrgþ 1t3t2017 12:32 Hish 1l:1 5 336 3l Grab
E1 7-0030 wAc-03 wAc-03 3{Nh Ave f.ldh sdd 11312017 l2:39 H¡gh 1'l:1 5 33.7 <10 Greb
E1 7-0031 WAG.O2 -o2 ¡l5lhAve North slrôú{ qú 1t3t2017 12:45 High 'I 1:1 5 335 t0 Grab
817-0032 WAGOl -01 59lh Avo Ì&dh Slrod orld 1t312017 '12:.54 H¡gh '1 1;15 334 10 Greb
E1 7-0070 WAC-O9A WAC-O9A Whil€ Pl Smsh SvãshMlfuæ 1t1012017 I 1:58 Loü, '12.22 20 Graþ
E17-0071 wAc-09 wAc-o9 4TihAvo South Skd 6nd 1t1012017 12:'12 Low 12:22 34.4 20 Grab
E17-0072 wAc-08 wAc-08 33rdAY6 SodhStreêl end a¡ldp¡ps dischsrge
111012017 12:24 Lw 12:22 343 20 Grab
E17-OO73 wAc-07 wAc-07 tTlhAvo SoulhSlr6d €d ârdpþo dl¡charg€
1t1D12017 12:4o Low 12'.22 344 <10 Grab
Et7-0074 wAc-06 wAc-06 glhAvå SodhSlaêotond endpipo dlEcturge 111012017 13:00 Lo¡/ 12:22 344 <10 Grab
E17-O075 WAC-O5A WAC-O5A 7th Ave South5lr€61 ond ândpþ€ di6ch¿rgo
1t1012017 12:.54 Lo¡/ 12.22 343 <10 Grab
E17-OO76 wAc-o5 wAc-o5 SrdAvo Nolh8tr€61 end endp¡po d¡6rharoe
1110t2017 13:'10 Low 12.22 344 <10 Grab
E't7-0077 wAc-04 wAc-04 l6lh Ave NorlhSlrc€t end andplpe discha.ge
1110120'17 13t2O Lo¡r 12:22 34 I <10 Grab
Et7-0077 wAc-04 wAc-04 16th Avô NodhSlrool ond and
PÌPs disoharge1t1012017 '13:2O Low 12:22 34.1 <10 LD
P.O. Box 261954 . Conwoy, SC 29528-6054 . 843.349 .2237 . 843.349.4042 f ox . coostol.edu/eql
Page 1 of 3
COASTAL CA NAOLRUNIVERS ITY
Envlronmentol Quollty LobWqccomow Wolershed Acodemy
School of Cooslql ond Morlne Systems SclenceCollege of Science
North Myrtle Beach - Ocean MonitoringOfficial Results for January 2017
* All enterococci results determined by IDEXX Defined Substrate Technology method
using IDEXX Enterolert reagent and lDÐ(X Quanti-Tray and at least a 1/10 dilution.
LaboratorySample lD
FiêldSampl€ ot
Slte lD
SC DHECWaocamaw
Sit€ lD
SamplingS¡te
Location
Sampl€Colloction
Po¡ntCollect¡on
Dat€Collêction
TimeNearest
Tidal StateNearÊst
Tide TimeSalinlty(psu)
Conductivity(us)
Enterococc¡Mosi Probable
Numb€r(MPN/10oml)
SampleType
817-OO78 wAc-o4 WAc-04 l6lhAve ¡,lorlhSl.@t€nd åndp¡po discàå¡gê
1t10t2017 13:2O Lonr 12'.22 u.'l l0 FD
E174075 WAC{3 wAc-o3 3olhAve llolh Sm €nd 1t10t2017 13i29 Lo/ì, 12:22 340 <t0 Grab
E17-0000 WAC42 WAc-02 4.5lh Ave l.¡odh sÙEot ond 1l'to12017 13:38 Lon '12:22 33.9 <10 Grab
E17-008r WAC-Ol wAc-o1 69h Avo l.lotlh sù6t end 1nono17 13'.47 Low 12:22 336 t0 Grab
Et7-0102 WAC.O9A wAc-{)94 WtÍte Pt slmslsYðsò
cúfùoæe 1n6nu7 10:59 HrSh 10:54 321 <10 Grab
E17{103 09 {)9 {7trl Aw Sodh 9116l drd !14r20't7 1 1:10 High lO:54 32.2 <10 G¡ab
Éj7-O104 {8 WAC-OE $rd Ave Sdil Slræl end a[ddp€ dbchsße 1116no17 I 1:19 HrSh l0:54 32.1 10 Grab
E17-0105 wAc-07 47 l7lh Aw Sdh $r@t d¡d andpþe dsdsgo il1612017 11:30 High l0:54 32.O <10 Gmb
E1 7-01 06 WAC{6 WAc.06 glh
^Yô Soulh
grðl snd Endp¡p€ dischaEo
111612017 11i44 H¡gh 10:54 32'l <10 Grab
8174107 WAC-O5A -054 7h Aw Sdlh Slræl drd end
t¡po rtisMg€ 1l'16t20't7 1'l:39 High t0:54 322 t0 Grab
E1 7-01 08 -{t5 WAGO5 KAÉ Ndh Silßol €ld an¡t
dpê d¡8clì€rgô1t16t2017 11:50 Hish 10:54 32.3 <10 GÍab
E17{109 wAc-04 wAc-04 'l6th Avs Ndh stgd fld andprpê dlrcù4gå 1t16t2017 1 1:58 H¡gh 10:54 326 <10 Grab
E174110 -03 wAc-o3 Unh Ave ¡{dlÀ Sirôd ônd 'v16t2017 12'.ß H¡9h 10:54 127 <10 Grab
817-O',t10 WAGO3 wAc-o3 3{lh Avo Nqìh slßôl snd 11'.t612017 12:06 High 10:54 32.7 <10 LD
817-O11'l wAc-o3 wAc-03 3üh Äv. Nqth Slræl ord 1116t2017 12:6 High '10:54 32.7 <10 FD
817-01',t2 WAGO2 wAc-02 as{h Avs llodh Slreel 6nd 1t1612017 12j.14 High 10:54 31.9 <t0 Grab
E1 7-01 1 3 WACOI WAC41 59thAv6 Nqth SlÊl ond 1t1912017 12123 HiSh 1 0:54 32 1 <10 Grab
Ê't7-o145 WAC.O9A WAC-O9A uìJhlte Pl SwasÌSMsh
cof¡lwn@1t23t2017 1'l:10 Low 1O:47 18 66 1918 Grab
El 7-01 50 wAc-09 wAc-09 4TlhAve Soulb Str6ôl 6nd 1t23t2017 1'1122 Low 10'.47 91.8 84 Grab
E17-0'151 wAc-o8 wAc-08 J3¡d Avô Sdlh slfsl ild ândphô dlwh¿rge
1t23t2017 1'l:31 Low 10:47 320 76 Grab
E17-O152 wAc-07 wAc-07 lTlh Aw SNlhStrâst end endplpc dl$har9o
1t2312017 '11:4O Low 1O:47 31.6 20 Grab
E1 7-0 1 53 wAc-o6 wAc-06 glh Av€ SoulhSlml e¡d andp¡pe dlshårgo 1t2312017 1 1:53 Low 1o:47 321 30 Grab
P.O, Box 261954 , Conwoy, SC 29528-ó054 , 843.349.2237 ' 843.349.4042|ox ' cooslol.edu/eql
Page 2 of 3
COASTAL CAROLINAUNIVERSITY
Envlronmenlol Quollty [obWoccomow Wolershed AcodemY
School of Cooslol ond Morlne Systems SclenceCollege of Science
North Myrtle Beach - Ocean MonitoringOflicial Results for January 2017
* All enterococci results determined by IDE)fi Defined Substrate Technology method
using lDÐ(X Enterolert reagent and IDEXX Quanti-Tray and at least a 1/10 dilution.
LaboratorySamde lD
FieldSampl6 or
Slte lD
SC DHECWaccamaw
S¡le lD
SamplingSite
Locâtion
SampleColloclion
Po¡ntCollection
DateCollect¡on
TimeNearest
T¡dal StateNearest
Tído T¡meSal¡nity(psu)
Conductiv¡ty(us)
EntefococclMost Probable
Numb€r(MPN/100m1)
SampleTvæ
Et7-015/ WAC-O5A WAGO5A 7lh Ave 8oultrSlGd 6rld and
fJip€ dj$hargÊ 1t23t2017 1 l:48 Lo\,Y 1O:47 321 t0 Grab
8174155 WAè05 5 3{d Aw ¡lorlhS'lßot ond er¡d
dpê dl3chargo11231?017 I 1:59 Lot, 1O:47 32.1 11 Grab
E17-01 50 wAc{4 WAc.04 l6lhAv€ l{dlhStrêd dd sdpipo d*sctrsgô
1t23t20't7 12:0o LolÀr 1O:47 32.',| 20 Grab
E174157 wAc-o3 WAC{3 3ûì Avê lldlh qræl6nd 1123120't7 12'.11 Lorv 1O:47 31.9 l0 Grab
E17-0't58 42 WAc-O2 ¡slh Av. Nrlh slßol end 1t23t2017 12:19 Low '1o.47 31 S <10 Grab
E174158 wAc-02 wAc-o2 45lh AÞ l¡dth Strdt ond 1t23t2017 12119 Lorv 1fl'.47 31.9 l0 LD
Er7-0159 wAc-02 wAc-02 45û Aw thh StEd ond 1nu2017 12:19 Lqr 1O:47 31 I <10 FD
E17-0160 WAC-Ol WAæ1 Sh ^vê
t{rd'l Sl¡Êot erid 1n3t2017 12'.26 Lo¡v 'lO:47 31 6 20 Grab
E17-O187 WA {94 Wr¡b Pl Sw.s¡Sßslr
@nlluq@1t30no17 11:38 H¡gh 9:34 34.6 <10 Grab
E17-0188 WAC{9 wAc-09 aTth Avo Sdth Sd 6r|d 1130.120'17 11:52 Hish 9:34 348 <10 Grâb
E17-0189 -08 08 33rd Âs So'ilìSlEot ond åndptpe di6chargo
1t30120'17 12:o2 High 9:34 349 <10 Grab
E1 7-0190 47 wAc-07 lah Aw SoùlhSl.el ild ddplpê d¡6chårgp
il3012017 12:17 High g:34 349 <10 Gmb
E17-0191 wAc-06 wAc-0ô tth Ave s@thSlræl ild d¡lfipo discharoo
1t30no17 1235 High 9:34 us 20 Grab
817-O152 WAC-O5A WAGOsA 7lh Av€ SodhSto.l úd endpipo dlsûh¡rgo
1130,t2017 12:3o HrSh 9:34 34.9 t0 Grab
E17-0't93 wAc-o5 wAc-os 3rdAve Nodhslrsd 4d s¡dp¡fre disclmoa
1t30t20'17 12:45 Low 15:52 349 <10 Grab
E1 7-0194 -04 wAc-04 16lh AvG NorthSlrsl ond ¿ndplp6 dischaI!o
'v30t2017 12:54 Low l5:52 34.9 3l Grab
E17-0r95 wAc-03 wAc-o3 3olh Ave tlorth Stßd Md 1t3012017 1 3:04 Low 15152 350 988 Grab
817-0196 wAc-02 wAc-02 46lh Av€ North Slßsl ond 1t3012017 13:13 Low l5:52 350 <10 Grab
817-0197 wAc-01 wAc-o1 59lh Ave Norlh Stroet od 113012017 13'.23 Low 15:52 350 <10 Grab
817-O197 wAc-o1 wAc-o1 59rh Avê North Stßêt €nd 113012017 13125 Low 15'.52 35.0 <10 LD
E1 7-01 98 WAC-01 wAc-o1 59lh Ave Nolh Slrêel srd 1t3012017 13:23 Low 15:52 350 <10 FD
p.O.gox261954 . Conwoy, SC29528-6054 . 843.349.2237 . 843.349.4042fox . cooslol.edu/eql
Page 3 of 3
F E B RUARY 20 I7
Human Resources
Support Services
Grants
Hunnrru Resounc¡s R¡ponr - F¡snulny 2017
Humon Resources employees were busy ossisting deportments ond processing newond seporoting employees. Employee performonce opproisols, poy odjustmentsond 447 opplicotions/resumes were processed. We continue to provide ossistonce todeportments on personnel motters incfuding job postings, onnouncements, jobdescriptions, evoluotions ond chonge of stotus forms. Assisted employees withheolth/life insuronce, retirement issues ond other personnel-reloted motters.
New employees received one-on-one orientotion sessions throughout the month.Employees received informotion obout the Ciiy ond their benefits ond we enrolledthem in the City's Heolth ond Wellness Progrom ond other supplementol benefits.
Throughout the month of Februory Humon Resources stoff continued processingemployees, they olso represented the City of severol HR seminors gotheringknowledge ond shoring ínformotion with other humon resource professionols.
Porticiponts of the City's Heolth ond Wellness Progrom received informotíon oboutthe City's Wellness Progrom ond to how to schedule on oppointment. McleodHeolth will conduct the wellness screenings on Morch 21,22,23,24,25,27,28,30, ond31. The gool of the progrom is to help porticiponts identify ony high-risk heolth oreosthey moy hove ond be oble to seek medicol ottention to improve overoll heolthcondition.
ICMA Retirement Plon SpeciolÍst Doisy Jones held individuol meetings on Februory 24,with employees to discuss ond moke chonges to their retirement occounts. She willreturn for onother session on Morch 31, if interested pleose coll Debbie of ext. 5555 toschedule on oppointment.
The Americon Red Cross ond Humon Resources stoff will sponsor o two-doy blooddrive on the bloodmobile. The dotes ond time will be Tuesdoy, Morch 7, 8:30 om -I :30 pm ond Wednesdoy, Morch 8, l0:00 om - 3:00 pm. Pleose coll Debbie Brown,ext. 5555 in the Humon Resources office to moke on oppointment. Thonk you forconsidering giving the gift of life.
New EmployeesAndrew Chernoff Customer Service Speciolist - PT Porks & Recreotion -A&FCJoson Clodfelter Public Sofety lntern - PT Public Sofety
Wolter Dovis Fitness Speciolist - PT Porks & Recreotion -A&FCDorvin Green Food & Beverqqe Cook - PT Porks & Recreotion - Sports Pork
Brodley Hordee Motor Equipment Operotor Public Works
Sheldon Hedqpeth Group Fiiness lnstruclor - PT Porks & Recreotion - A&FC
Jeremioh Hollomon Food & Beveroqe Cook - PT Porks & Recreotion - Sports Pork
Annette Huffmon Custodion Generol Gov. - Support Services
Justin Kutzley Motor Equipment Operotor Public Works
Robert Polond. lll Public Sofety lntern - PT Public Sofety
Ashley Sheehon Food & Beveroqe Coshier - PT Porks & Recreotion - Sports Pork
Kimberly Sheehon Food & Beveroqe Coshier - PT Porks & Recreotion - Sporis Pork
Courtney Rowles Customer Service Soeciolist - PT Porks & Recreotion - A&FC
Beoch Concession Wolkers(*supervisor)
Gunter Bowlinq Mothew Milliqon*
Seporqled EmployeesMeoqhon Chompion Records Clerk Public Sofety
Motthew Reid Focility Supervisor - PT Porks & Recreotion
Julie SmithPublic Sofety Officer DARE/Crime
PreventionPublic Sofety
Emplovee (BCBS & SAV- Rx) lnsuronce Updole:
Jqnuqry Medicol Cloims Poid 144,969.21
Jonuorv Dentol Cloims Poid 22,451.97
Jonuory Druq Cord r08,935.40
TOTAT Jonuory s27ó.35ó.58
Wonr¡n's Connp¡rusnto¡¡
(Public Sofety): DOI 02/12/2017 - An employee comploined of exposure to foreignliquid ofter checking the fluids of o vehicle. The employee slotes while checking thefluids o foreign object enter the noilbed of the employee's left index finger cous¡ngredness, swelling ond poin. Grond Strond Medicol Center treoted ond releosed theemployee.
(Public Sofety): DOI 0211312017 - An employee wos ossisting in pulling o hose off o fireengine during o troining drill ond felt poin to the right orm. Seocoost Medicol Centertreoted ond releosed the employee.
There are no other new reports of employees treated under ll/orkers' Compensation þr the month of February at this time.
SUPPORT SERVICES
MONTHLYREPORT
FEBRUARY 2OI7
Bid Number Descrintion Deot. Undate
Bid 2017-003Lw Incline Fitness Trainer P&R PO77075 True Fitness Technologies
Bid 2017-004LV/ Provide and Service Portable Toilets P&R Awarded to Liquid Munn-E-Port
Bid 2017-005Lrü/ Sanitary Sewer Improvement PIW To be determined
Bid 2017-006LW Beach \Valkover Construction and Repair PW Awarded to Henley Construction
Bid 2017-007Lw Street End Maintenance P&R To be determined
Bid 2017-008LV/ Design and Build Metal Storage Building PV/ Due March 14,2017
RFQ 2017-009JK 20 I 7 Baseball/Softball Uniforms P&R Awarded to First Team Sports
Bid 2017-0rOLw Roadway and Sidewalk Improvements PW Due March 15,2017
RFQ 2017-01IJK Spring Soccer Uniforms P&R Awarded to Score Sports
Bid 2017-0l3LV/ Beach SurfRake PW Due March 17,2017
BID REOUIREMENTS:
CUSTODIALiFACILITY MAINTENANCE :
Performed routine maintenance and made repairs to various City facilities and equipment. For the month of February,2017,we processed 71 Facility Maintenance work orders:
MechanicalElectricalPlumbingStructuralCustodial
3
l7l6I4
1
Beach Services 0Warehouse 0Miscellaneous 19
Chemical Treatment 1
Training 0
FLEET MAINTENANCE:Performed routine maintenance and made repairs to various vehicles and equipment.
Total Equipment:Total Work Orders
109r44
Maintenance ønd Repøir Costs:Parts issued stockedParts issued non-stockedSublet (Vendor)LaborTotal work order costs
PURCHASING:
Number of Purchase OrdersPurchase Order Dollars
$ 10,331.79
s82,t12.02$50,537.96$13.9s8.36
$156,940.13
140$503,669.1ó
Grants Update
Expected NotificationDate
Unknown
Spring 2017
Unlcrown
Other Activities
Continued grant administration, including grant close-outs
Conducted research to find potential funding sources for various City projects
Proposal Due Date
24-Feb-17
3-Mar-17
Pre-application due
April I1,2017
oÁ Match
50%
NA
2s%
AmountRequested
s33,769
$500
Proposal inprogress
Department
Public V/orks
Public Safety
Citywide
Request
Equipment/supplies to expand oceanfrontrecycling program
Handouts, food and beverages for PublicSafety open house
Proposal in progress
New Grant Proposal
FY 2018 DHEC Solid Waste Reductionand Recycling Grant - Increased
Collection
2017 NFPA Wildfrre Preparedness Day
FEMA Hazard Mitigation Grant Program
for Hurricane Matthew
Grant Administration
Re s earc h/Rev iew /Mis c e I I aneo us
February 2017
bAAgenda Item Prepared by:
Aaron C. Rucker, PrincipalPlanner
Date: March 16,2017Agenda Section:Old Business: Ordinance: 2"d Reading
Subject: A request to amend the Barefoot Resort PlamedDevelopment District concerning the Dye Estates
TMJPDD-16-041
Division: Planning & Development
City of Nortlr ì\[yr"tle FJoaclr. Siouth Carolina
REOUEST FOR CITY COUNCIL CONSIDERATION
Date: }llarch2 2017
\\nmbptnn\PDFiles\PLANNING\Cit1' CoLurcil\Meetings and Woi'ksho¡-rs\2017 - lv{eetings\Mar20\MJPDÐ- l6-0-lDyeEstates\N4JPDD- I 6-04BFR lPlL.docxPage I of2
Executive Summary:City Council voted unanimously to approve the proposal on l"tReading at the March 6th meeting.
Planning commission recommended unanimous approval of the proposal at their February 21't meeting followingassurances provided to the City Attorney that the Board of Directors for the Dye Estates Homeowners Associationhad approved the proposed site plans,
The revised PDD documents attached for the March 6th meeting addressed the current status of the proposal:. Approval by the Dye Estates HOA.¡ 29 approved single-family detached dwelling units versus 51 proposed single-family attached
(townhome) dwelling units.. Reducing access points along Gray Heron Drive to four driveways.. No building is closer than fìfteen feet (15') to the property line.o Orientation of townhomes adjusted to reduce garage door exposure outside of the development.. A minimum 4' earthen berm with plantings added to both sides of Gray Heron Drive.. Secondary control gate reflected on site plan.¡ Building materials and colored renderings of townhomes provided.
Additionally, Mr. Staats has indicated he intends to prohibit short-term rentals and parking along Gray HeronDrive by deed.
Pronosal:The applicant Tom Staats, authorized agent for Coastal Resort Holdings, has requested a reconfiguration of TractIMF-3, located in the Dye Club, by changing the approved residential uses from detached to attached, increasingthe approved density and creating a new parking lot and site design.
The revised site plan encompasses 8.09 acres, and increases density to fifty-one (51) townhomes spread across
both sides of Gray Heron Drive in Dye Estates. The proposed layout would contain fofty (40) four-bedroom unitsand eleven (ll) three-bedroom units. In contrast, the approved 1999 site plan contained a total ofthirty-seven(37) units; twenty-nine (29) detached cottage units on the north side of Gray Heron Drive and eight (8) on the
south side. A 2001 site plan amendment replaced the29 detached cottage units on the north side with twenty-one(21) detached units.
The new layout would require one hundred twenty-two (122) parking spaces. One hundred twenty-two (122)spaces would be provided within driveways or additional parking spaces shown throughout the site. Detailedreview of the parking requirements will take place by staff once site plans have been submitted.
City of North ìVlyrtle Ronclr, Soutlr Carolina
\\nmbplan\PDFiles\PLANNING\City Council\lvleetings iud !\/olksbops\20 l7 - lvleetings\Mar'2O\N,t.lPDÐ- !6-04Dy'eEstates\\ IJPDD- I 6-04BFlì lP2.doc,vPage 2 of 2
Color architectural renderings and building elevations, including building materials, for the three unit typesproposed (Units K, L and A) have been provided for review. Site setbacks \¡/ould be ten (10') feet for the front,zero (0') for the side (but l0' offside property line), and zero (0') for the rear.
Drainage and storm water must be properly handled and preliminary engineering has been reviewed and approvedby the Director of Public V/orks.
Construction ScheduleAccording to the PDD documentation, two phases of development would occur. Phase I consists of 32 units, and
Phase II 19 units.
Staff Review:Staff has no issue with the proposal.
Plannine Commission Action:The Planning Commission conducted the official public hearing on November 15,2016 and voted unanimously(7-0) to recommend approval of the proposed major amendment. Commission conducted a second meeting on
January 24Ih and voted unanimously to table the item to the first meeting in February. At the February 2 l't meeting,commission voted unanimously to approve the proposal, conditioned upon Pink Muhly Grass replacing LoveGrass within the earthen berms. The condition has been met,
Members of the Dye Estates neighborhood and HOA attended the February 2l't meeting and confirmed the DyeEstates HOA had approved the revised proposal.
Recommended Action:Approve or deny the major amendment on Second Reading.
Reviewed by CityHead
Motion By 2'o ToBlAction:
ORDINANCE
AN ORDINANCE OF THE CITY OF NORTH MYRTLE BEACTI PROVIDINGTHAT THE CODE OF ORDINANCES' CITY OF NORTH MYRTLE BEACH,SOUTH CAROLINA, BE AMENDED BY REVISING THE BAREFOOT RESORTPDD (PLANNED DEVELOPMENT DISTRICT) F'OR THE DYE ESTATES.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF NORTHMYRTLE BEACH, SOUTII CAROLINA, IN COUNCIL DULY ASSEMBLED,THAT:
Section 1:That the Barefoot Resort Planned Development Dishict be amended per the attached PDDdocuments presented by G3 Engineering, authorized Agent for Coastal Resort Holdings,and included in this ordinance as exhibits A through G:
¡ Exhibit A: Master Site Plane Exhibit B: Project Datao Exhibit C: Landscaped Berm Detailo Exhibit D: Gate Concepto Exhibit E: Ap,proval later from the Dye Estates Homeowners Associationo Exhibit F: Building renderings entitled '.A New Townhouse Development for the
Dye Club"o Exhibit G: Building renderings entitled "A New Townhouse Development for the
Dye Club"
If a conflict arises between the amendments listed in the ordinance and those listed in thePDD documørts, the PDD documents shall take precedence. The proposed changes arereflected in the PDD documents.
Section 2:That the North Myrtle Beach Planning Commission has provided the required public noticeof this request and has held the necessary public hearings in accordance with applicableState Statutes and City Ordinances.
DONE, RATIFIED AND PASSED, THIS DAY OF 2017.
ATTEST: Mayor Marilyn Hatley
City Clerk
APPROVED AS TO FORM:
FIRST READING:
City Attorney
REVIEWED:
City Manager
SECOND READING:
MASTER SITE PLAN
¡"P:'!l¿t.
ti ¿,fr å;,,:h r_{
EI{GINEERI{G
F trY¡61Æ,gCÐ$'W:eæt.ld
GEO R HMION
DYE CLUB TRACTAvtf
¡¡,¡
I
O)
I
1 V vv
1 v
1tKL A
t 1K
EXHIBIT A
l--ri
@
âHEH¡l¡
I
,l
I
* .e¡aì898*l
Ë*Ë¡ig
ßr
;È[¡ìs' sH.d
1 vv 1v
o
v
L(-
k
vo
o
K KL
o
ill.ì1
¡xIiI
!IT
È
ò
I¡
(ocz;
rÈËiñiÊ¡e
Ëii'tåifii¡¡!tIIð
IË
I
!:ìnl!.lËËËÈl
¡!!'Ëå
ì3i¡IE
liri
Ë
*
!
l¡åÊã¡ü
li
¡å¡¡l
!¡!"
¡Hfri "'iå
I
!
*iii*
@liàË
il¡
ïli
IH¡:!Iâ
I,
iiil
r¡
iåÍ¡t
å'
t
iiiiåii
Ë!i
iil
i!ålÃ!DI
¡l
Ëli¡
ã
bv.DnMePÊIÊ
\\
\
II
II
I
I
i
III
I
II
I
I
cð-¡=¡8ËosH
ni
È*
dgÈÈ
FE9ñde**
!6üt
*¡oo¡oËooñÐ
BÈ
ãtrñghEtiÐmnì
F.g
lålå
\
Ipnlì¡{J
àçl!,obI¡tùÌE:()orìììÈ-o¿Èìs
lãl¡\
s[E-pÁr¿
TMS / PIN I1 43- 1 &0 1 -00 1 /358-1 6-01 -00031 43-1 8-01 -0 58/3 58-1 6-0 I -0@1
5.89 AC.2.20 AC,
TOTAL ACREAGE. 8.09
CURRENT ZONING . PDD "IMF.S'PROPOSED ZON'NG - PDD'IMF-3.ADMENDED"
FLOOD ZONE . LOCATED IN FLOOO ZONE X' FEMA FIRñN MAP # 4501 1OCO586H DATED08/2s1999.
NOIEj NEW FLOOD MAPS NOTAPPROVED AS OF THIS DATE (2.2 ACRE S,TE) HASA SMALL PORÍION LOCATED lN FLOOD ZONE AE-13 pANEL NTJMBER: 4æ110C06ÍK. RESTtS
'N FLOODzo.NE?(',
REFERENCE MUNICIPALITY . CIW OF NORTH MYRTLE BEACH
OWNER OF RECORD .COÁSTÁL RESORT HO LD INGSP.O. BOX 1667NORTH MYRTLE EEACH , SC 29598
DEVELOPER. DRHORTON
JOHN HETERDR HORTON4049 BELLTERRE BLWMYRTLE aEACH, SC [email protected]
PROPOSED USE.TOWN HOMESUNIT KUN'TLUNITA
6.85 AC,4 BEDROOM
3 BEDROOM (4 BDRM OPTION)3 BEDROOM
RIGHT OF WAY EASEME'VT 1.25 AC.
REQU/RED SETSACKS -
zgrygug!¿sEsFRONT IO'stDEo' (10'oFF stDE PROPERTY L'NÐREAR O'
PARKING REQUIRED -TOWNHOUSES (5t UNTTS)40FOURBEDROOM . IOOSPÁCES11 THREEBEDROOMS . 22SPACES
TOTAL. 1229PACES
PARKING PROVIDED -royyrvHousEs (51uNtTs)EACH UNIT HAS A ONE CAR GARACE
122 SPACES
NOIESiI23
I
5
WATER IL SEWER WLL BE PROVIDED IO SERYE THE PROPOSED DEVELOPMENT,ALL
'NÍERNAL PROPERryL'NES TO BE RECOMEINED,
A'O CLEÁR'A'G SHÁ LL OCCUR IN THE EXISTING WETLANDS AND PROPOSEDSEISÁCKS EXCEPT FOR THE AREAS OF I/YEI¡JqNOS SHOWN TO BE FILLED.THERE ARE NO COYEA'ÁNÍS OR RESTR'CI'ONS THAT PROHIE'T THEDEVELOPMENT OF THE SITE AS DEP'CTED,THE PROPOSED ROAD ,S PRoPoSEo To BE PRwATE W,IH E/qSEMENL
IÁNDSCÁP'NG SHOWN HEREON IS FOR REFERE/VCE PURPOSËS ONLY. THE INTENTOF IHE IREES SHOWN ARE FOR THREE (3) IREES TO BÊ, PLACED IN BETWEENEUI¿,INêS PER PDD SPECIHCANONS.
EXHIBIT B
GEENGINEERING
P.O. BOX 26€6PAWLEYS tSLANO. SC 2S585
PHONE: 843.237.1001
M.03Enolns€rlno.oro
DYE CLUB TRACTHORRY, CITY NORTH MYRTLE BEACH, SC o DESßNED EV JJg
PROJECT data DRAWNBY: JJS
DATE: o2-17-2017
PREPARED FOR: PROJEC| Nô: 1ffi10
FTGURENO: 7
1íC
3-Mu
YAR'ES
t-¡c3-Mu
.LLC
PLANT MATER'AIS t'ST
SYMBOLAOTANICAL/COMMON NAME
planl¡rystzElCALIPER
SPACING/RæTcoNDlnoN COMMENTS
ic lbx x CoÈl 5-f'Hf 8'.1ù maluD hl
OAK LÉÀF HOILY 9ARE ROOT
Mu@pillzlg 12" HT SFfOC
ñJ¡ttyg/@ 3 GAL CONIÀINER
LCItDpÊlalumchlD,ènsl]¡ 24" HT 3FTOC
LORæETÀU'M 3 GAL CONTAINER
1&IMU
DYE CLUB TOWNHOMESTYPICAL BERM DETAIL
EXHIBIT C
LS-l
DYE CLUB TRACTHORRY, CI|Y NORTH MYRTLE BEACH, SC
DFSIOA/ED 8Y JJS
ORÁWM AYi ¿./9LANDSCAPED BERM DETAILDAÍE: u-1f-2017
PROJECTMO: 18016
P O. BOX 2666PAWLEYS ISLAND, SC 29505
PHONE: 843.237.1001
ENGINEERING oHAURENO: 7
4',
26',
DYE CLTIB TOWNHOMES SCALE: NrS
GATE CONCEPT
EXHIBIT D
LS-2
DYE CLUB TRACTHORRY, CITY NORTH MVRTLE ÙEACH, SC
OES,GIV€D EYTJJS
DMWN BY: trsGATE CONCEPTDA|E: 02.17-20t7
PRoJECINO: lMtS
GBENGINEERING
P.O. BOX 266ôPAWLEYS ISLANO, SC 2S585
PHONE: 843.237.'t001 oFTOURENO: 7
EXHIBIT E
Marv Kramer
From:Sent:To:Subject:
Mary,
As dÍscussed, befow is the acknowledgement from the Dye Estates attorney
Best,
Tom
Tom Staats Jr.
Partner
Tom Staats <[email protected]>Tuesday, February 2'1,2017 10:31 AMMary KramerFW:Dye Estates
,,u*
Post Office Box 17O7
North Myrtle Beach, South Carolina 29598843.390.L999 Office843.222.6OL9 Mobile843.390.4401 Fax
877.6L2.L4I8
From: Bailey, Amanda Imaílto:ABailey@mcnair,net]Sent: Tuesday, February 2!, 20!7 8:26 AMTo: Noury, Chris <[email protected]>Cc: To m Staats <tsta ats @sccoast.net>; Alle n Jeffcoat <[email protected]>;[email protected]; [email protected]: Dye Estetes
Chris,
ln effort to tlmely communicate with the City of North Myrtle Beach Planning Commission, I am forwarding you thisemail on behalf of the Board of Directors of the Dye Estates Homeowners Association, lnc.
"Per an agreement reached with Coastal Resorts on February 20,2077,The Board of Directors for the Dye EstatesHomeowners Association, lnc. approves Coastal Resorts Development Plans titled: "Sheet L", "Dye Club Tract", "Master
I
\-,
SÍte Plans" prepared for D.R, Horton by G3 Engineering, dated October 20, zoLf,,last revised date Decemb er 13,20L6,which have been submítted to the City of North Myrtle Beach,',
I have copíed Tom Staats, and Attorney Allen Jeffcoat, for Coastal Resorts to confirm this agreement, Can you pleaseadvise if this communication is sufficient acknowledgment of the HoA's approval.
Thanks,
MÇ NAIRAmanda A. BalleyShareholder
abailey@ mcnair, net
McNalr Law Flrm, P.A. ¡
Myrtle Beach oflce Founders centre, 2411 oak street I Suite 206 | Myrtle Beach, sc 29s7784s 444 1 1 07 Ma¡n I 843 946 5962 Fax
Malllng Post Ofllce Box 386 | Myrtle Beach, SC 29578VCard I Blo URL lWebsfte
ATTORNEYS
o@oo
PRIVILEGE AND cONFIDÊNTlALlry NOTICE: This communicatlon (indudlng any ânachments) is be¡ng s€nt by or on behalt of a lawyer or law flrm and mayconlaln confdenllal or legalþ prlvlleged lnformalion, The sender does'not intend to walw any prívilege, ¡ñAú¿rng me iromefcient prrülego, lhat may attacñ'tothls commun¡c€tlon. lf you arê not lh€ lnt€nd€d reclplent, you ere not sulhorlzed to fntercapt, räaa, pini, retatn, äf¡ iorwárå oi¿¡ssem¡nate thts communtca¡on. tfy(xi hâve rscêived lhis communlcat¡on ln 6110r, pl€as€ notlfy the sender Immedlatefy by erirál ano óeþtê ttr¡s commïnication and all coples
SovurtThis email has been checked for viruses by Avast antivirus software.www,avast.com
2
ç
E
îIE
¡
t
2
5ãIt
åt
!I
jìì
ìI
{-)
Æmz(frÐzcl
alooF--l
-lCæ!-n
zU
-ln
ËãlË
td.]-GI'
i.iìr;l
"=
P
:,f,
3
ei*¡:{s:;
il
r
b
A t'lEW TOWNTOJSE DEVELOPI.IENT FoR: EXHIBIT F
DYE CLUB
NORTH MYRTLE BEACH, SOUTH CAROLINA
i ,ì,.
ÐzaiìÐzar
aoÐ--1
)=¿-
F
;
+ÊE
ãF
6
ÐmzUm2z(-J
o(-o-oÐ--1an><--lCnj¡
zU
--.1mÐT'
"þ.ËE
ãFFI
ó
-: i:a
é;iÉÍ;$l\ åÞ-fì !ì -L8
F i. fr'¡¡i; ì1
9î
3
J
IX].IIBTT GA f\EW TOWNTK,{JSE OEVELOPMENT FOR:
DYE CLUB
NORTH MYRTLE BEACH, SOUTH CAROLINA
MÀSIER SIIC PßN
lr ì:: ¿lENGINÊERING
PÀûttriir5,dc:::;!1!¡
GBe$c\a rjì?:ili1
DYF CI UB TRA(;Ta\v/.I
I
o1 v v
v1 )ì
I
-l
)\v V 1
v>i
-ç
((
.t. ft , :;: ;ìli ìi ; :.:; ii' ìt i :.
, '::ii i rj.:4.
IIt,
¡ii
1:
s5
.i:TÒ
-;
¿
¡
ì;iiç¿aitti;',.i
i¡::ì"t:ili;
I
ç
,q
i.'! I:t:a¡i
i¡r,5
I
È
I
-Ca
:
¡i1ii
iEll¿iù1"'J¡
cl-
¿
1': t 7l
¡-
i¡¡.
! l3;t!ti
ÉI)'rli,.1.:l':li-i.'
iI
I
I
i:l i).¡jjl I
ì(; : l¡ !*, :'i ir)il¡l
iil .
liI
j
q;l:¡:.l;
li
I
I
ðTc*Zv)ìrnØ=
S¡
=È
f!¡!:i¡;i:¡: ìIi ¡¡'t
3l;;Å::¡i¡ii
ËËiriÍ,¡:¡irírt
ìl';
\.,,PFtê Ðyt ttl[Ê
¡ !1!
siÊlåii ; i .".'èË '3È=
I
I¡ooI
r-
::ìì
^rÈo-Àã*oAOfs-<ì-Înù
ë
Èitìt3tuto¡
)
ÈÈ>9r=¡r rl-À¡oÈ;oùvÈË
i:ìi
\
!bùoIoe¿aooñI
ôIhIm
{RñSìr>=Urim
\Bs
\
ìIIrtñTmìJ
i:
¡j
:t
l¡\
-
SITE DATA:
TMS / PIN #1 43-1 8-01 -001/358-1 6-01 -00031 43-1 8-01 -058/s58-1 6-01 -0001
5.89 AC2.20 AC.
TOTAL ACREAGE - 8.09
CURRENT ZONING - PDD \MF.s"P RO PO SED ZON I NG - P DD' IM F.3.ADME N DED'
FLOOD ZONE - LOCATED IN FLOOD ZONE'X' FEMA FIRM MAP# 45O11OCO586H DATED08/23/1999.
NOTE: NEW FLOOD MAPS NoT APPROVED AS oFTHIS DATE (2.2 ACRE slTE) HASA SMALL PORTION LOCATED lN FLoOD ZONE AE-13 PANEL NUMBER: 450110C0611K. REST lS lN FLOOD ZONE X".
REFERENCE MUNICIPALITY . CITY OF NORTH MYRTLE BEACH
OWNER OF RECORD -
COÁSIÁI RESORT HOLD'NGSP,O. BOX 1667NORTH MYRTLE BEACH , SC 25598
DEVELOPER- DRHORTON
JOHN HETERDR HORTON4049 BELL TERRE BLVDMYRTLE BEACH, SC 29579JLHETER@DRHORTON,COM
PROPOSED USE -TOWN HOMESUNIT KUNIT LUNITA
6.85 AC.4 EEDROOM
3 BEDROOM (4 B OPTTON)3 BEDROOM
RIGHT OF WAY EASEMENT 1.25 AC.
REQUIRED SEIE/ACKS -PUD-TOWNHOUSESFRONT 10'stDE 0' (10'oFF slDE pRopERTy LINE)REAR O'
PARKING REQUIRED.TOWNHOUSES (51 UNtTs)40 FOUR BEDROOM - 1OO SPACES11 THREE BEDROOMS . 22 SPACES
TOTAL= l22SPACES
PARKING PROVIDED.TOWNHOUSES (51 UNTTS)EACH UNIT HAS A ONE CAR GARAGE
122 SPACES
NOIES;1
2J
WATER & SEWER WLL BE PROVIDED TO SERVE THE PROPOSED DEVELOPMENT,ALL INTERNAL PROPERryL'NES TO BE RECOMBINED.NO CIEAR/NG SHALL OCCUR IN THE EXISTING WETLANDS AND PROPOSEDSEIEACKS EXCEPT FOR THE AREAS OF WETLANDS SHOWN TO BE FILLED.IHERE ARE NO COYENÁA/TS OR RESTR'CT/ONS THAT PROHIBIT THEDEVELOPMENT OF THE S'78 AS DEPICTED.THE PROPOSED ROAD IS PROPOSED TO BE PRMATE WITH EASEMENT,
4
5
LANDSCAP/NG SHOWN HEREON /S FOR REFERENCE PURPOSES ONLY, THE INTENToF THE TREES SHOWN ARE FOR THREE (s) TREES TO BE qLACED tN BETWEENBUILDINGS PER PDD SPECIFICATIONS,
DYE CLUB TRACTHORRY, CITY NOR¡H MYRTLE BEACH, SC
PROJECT data02-17.2017DATE:
DRAWN BY JJS
PROJECT NO: 16016
ENGINEERINGP.O. BOX 2666
PAWLEYS ISLAND, SC 2S585PHONET 843.237.1001
w.G3Enginoedng.org
oFTGURENO: 7
Ê
;{z
ao
1tc3-Mu
VARIES
1JC3-Mu
4-LC
1-ic3-Mu
0
f"ñ DYE CLUB TOI'VNHOMES sc¡¿€ ilIü
\l-l TYPICAL BERM DETAIL
PLANT MATERIATS t/ST
SYMBOLBOTANICAL/COMMON NAME
planl¡ngstzgCALIPER
SPACING/ROOTCONDITION COMMENTS
ic lbx y Cono, 5-7'HT 8' - 10'mturc hl4 Ã-2û ñ
OAK LEAF HOLLY 2' BARE ROOT
MumuntonDeÍgEedp¡llaris 12' tIT 3FTÕC
muh¡y gEß 3 G,AL CONTAINER
LCLorcpetalumrJrl¡crsis 24" HT sFTOC
CH''VESEI OPNPFTÀI I IM 3 GAL CONTAINER
DYE CLUB TRACTHORRY, CITY NORTH MYRTLE BEACH, SC
DÉSIGNED AY: JJs
LANDSCAPED BERM DETAIL ORAWNBYT JJS
DAlE: 02-17-2017
PROJECT NO: 16016
ENGINEERINGP,O, BOX 2666
PAWLEYS ISLANO, SC 29585PHONE: 843.237.1001
GBw.GSEnglneerlng.org
eFIGURENO: 7
tscñ2
4',
26',
DYE CLUB TOWNHOMES SCALE.,N.T.S.
GATE CONCEPT
LS.2
DYE CLUB TRACTHORRY, CITY NORTH MYRTLE BEACH, SC
DES/GNED BYiJJS
GATE CONCEPT ORAWN BY:
DATE:
JJS
02-17,20t7
PROJECT NO: 16016
ENGINEERINGP,O, BOX 2666
PAWLEYS ISLAND. SC 29585Pl"lONE: 843.237.1001
GBww.G3Englneering.org
oFTGURE trô: 1
M Kramer
From:Sent:To:Subject:
Tom Staats <[email protected]>
Tuesday, February 21,2017 10:31 AMMary KramerFW: Dye Estates
Mary,
As díscussed, below is the acknowledgement from the Dye Estates attorney.
Best,
Tom
Tom Staats Jr
Pe rtner
Post Office Box t7O7North Myrtle Beach, South Carolina 29598843.390.L999 Office843,222.6019 Mobile843.390.440ttax877.612.1.41.8
From: Bailey, Amanda [mailto:ABailey@ mcnair.net]Sent: Tuesday, February 27,2017 8:26 AMTo: Noury, Chris <[email protected]>Cc: Tom Staats <[email protected]>; Allen Jeffcoat <ajeffcoat@jeffcoatlaw,com>;[email protected]; [email protected]: Dye Estates
Chris,
ln effort to timely communicate with the Cíty of North Myrtle Beach Planning Commission, I am forwarding you thisemail on behalf of the Board of Directors of the Oye Estates Homeowners Association, lnc.
"Per an agreement reached with Coastal Resorts on February 20,2017, The Board of Directors for the Dye Estates
Homeowners Association, lnc. approves Coastal Resorts Development Plans titled: "Sheet L", "Dye Club Tract", "Master
¡
T5f
f,
r5t
ðÊ!7
¡!
ìì
ìIç
7mIÐzL)
o
o-U?I
c7!-1
z
:fi
5-
"trËlE
IEl¡It
@
r:il¡iqi
b
g
A ¡EW TOWNHOUSE OEVELOPi'ENI FOR:
DYE CLUB
NORTH MYRTLE BEACH, SOUTH CAROLINA
na
?
L
tQ
=
å
ò
ç
oI
i*€-,
2fo..É
ËúL-2FË3öø>9ËÍÐlco ol-
É¡(J ào¿F-IU Ê9> X<o z
:'.i.8 ì
ld¡tÈ[email protected],rèt4cø
Ar.r*Èr:
RENDÊRING OF COLOR, TTXTLJRE, AND ¡,4A'TERIALS ,l *¡lrv¡u /i\yru:ft \.:y
J ¡¡ms¡m /ãt}/tu:ú* \!,
RENDERIIIC OF COLOR, TEXTURE, AND MATERIALS
7AAgenda Item: Prepared by:
Aaron C. Rucker, AICP
Date:March 16,2017Agenda Section:New Business: Ordinance: l't Reading
Subject: A request to amend the Town Center on MainPlanned Development District IMJPDD-l 7-01]
Division: Planning & Development
City of North Nlyrtle Eleach, South Carolina
REOUEST FOR CITY COUNCIL CONSIDERATION
Date March 20 20r7
\\rrmbplan\I'DFiles\PLANNING\Cit¡, Cou ncil\Meelings and !\/olkshops\20 I 7 - N4eetings\l\4ar20\l\4JPD D- I 7-01 TCOIvI\N4.IPDD- I 7-0ITCOM ìPl.ilocx
Pnge I of .)
Proposed ChangesThe applicant, David Glymph of D3G Architects, LLC and authorized agentforJohn Marnell, has submitted a
proposal to remove the 3,400 square foot lakefront restaurant and adjust the architecture of the mixed-usebuilidngs. Town Center on Main was initially approved in September 2016.
The primary revision consists of the deletion of the lakefront restaurant and replacing it with additional single-family townhomes and the architecture of the mixed-use buildings along Main Street and the internal plaza. Thischange would also increase the size of mixed-use buildings square footage and alter the traffic pattern for the
residential at the rear ofthe site.
The proposed changes amount to 5 additional residential dwelling units and 4,506 sf of additional commercialspace. The following changes are noted below:
168,752 sf
74,507 sf
Proposed172,503 sf(62% of site area)No change(27%ofsite area)
Impervious Area
Open Space
Mixed-UseBuildings
Residential
Commerciql
Parking
4
Approved , Proposed4
22, 3-bdrm4
22 (881 s/each)19,008
B2
Townhomes
Parking
Infrastructure and Common AreasNo change.
Residential : BuildingsUnits 3-bdrm 29 3-bdrm
Approved4
52 stalls
Proposed6
5B stalls
City of Noftlr Myrtle Beach, South Cjarolina
\\rrmbptan\PtlFiles\PLANNING\City Council\lv,teetings anc{ Wolkshops\2017 - Meetiirgs\N'lar20\N,1.ìl'DD-17-{}ITCOM\h4JPDD-17-0lTCOlvl Ifrl.docx
Page 2 o1.i
Architecture/Public Space/Signage and LightingFollowing a separate workshop'ùiith the planning commission on March I't, Mr. Glymph listened to suggestions
and agreed to revise the architecture for the four mixed-use buildings that more closely follows the pattern bookand the new look along this section of Main Street. Bahama shutters, additional and separated gabled roofing withbuilding accents, extension of second story metal bars, building-mounted lanterns, board and batten verticalsiding, rearrangement of plantings and widening ground floor windows on the building sides, The townhomesremained unchanged.
Project PhasingThe project would be completed in 7 phases over the course of 7 years, which may be developed in any order,except that phases 4 through 7 could not be built before Phase 3. A general description ofdevelopment intended
within each phase is presented below. This general schedule may be subject to change depending on a variety offactors including, but not limited to, economic and market conditions and the phasing plan should be used as a
guide.
Phase 1: Development in Phase I would include the construction of one townhome consisting of five, 3-bedroomunits and roadways providing connections from Cedar Avenue and Main Street.
Phase 2: Development in Phase 2 would include the construction of one townhome consisting of five, 3-bedroomunits.
Phase 3: Development in Phase 3 would include the construction of all the mixed-use condominiums, plaza,
interior and exterior parking, connection from Main Street into the development, putting green and gazebo and aprivate, internal driveway serving future residential to the rear of the property.
Phase 4: Development in Phase 4 would include the construction of one townhome consisting of four, 3-bedroomunits.
Phase 5: Development in Phase 5 would include the construction of one townhome consisting of five, 3-bedroomunits,
Phase 6: Development in Phase 6 would include the construction of one townhome consisting of four, 3-bedroomunits.
Phase 7: Development in Phase 7 would include the construction of the final townhome consisting of six, 3-
bedroom units and a path and park for people and pets.
Staff Review:Staff also notes the following:
. Public benefits do not change and the intended improvements to storm water drainage remain the same.
. The traffic pattern is only slightly different and remains consistent with the currently approved plan.o Noise and trash concerns have been mitigated with the removal of the restaurant.o Service and delivery vehicles remain prohibited from using Pine Avenue, instead entering and exit the
development via Main Street.o Existing electrical lines within Pine Avenue are still to be relocated underground.. A six-foot high stucco-finish masonry wall is to be installed along adjoining property lines; however, at
the rear property line, the developer will invite comments from abutting property owners as to whetherexisting natural vegetation is agreed to be an adequate and preferable alternative to the wall. Suchagreement will be presented signed by both the developer and abutting property o\ryners, recorded withthe proiect covenants and provided to staff during site plan review.
City of Nor"tlr Nl.vrtle FJçac[r, Soutlr Carolin¿
\\urnbptan\PDFiles\PLANNING\City Council\Meetings irncl Wolkshops\2017 - Meetings\Mar2OWIJPDD- l7-01TCOlv4\\4JPDD- l7-0ITCOM IPl.docx
Page 3 of 3
o Construction of the mixed-use buildings would occur within phase 3 instead of split between phases 3
and 4.
Plannins CommissÍon Action :
The planning commission conducted a public hearing on February 21,2016 and voted unanimously to table theproposal to a March l't workshop. Planning commission voted unanimously to approve the proposal at theirMarch 6tr'meeting following revisions to the architecture and PDD text.
There were no comments made by the public.
Recommended Action:Adopt or deny the major amendment on First Reading of Ordinance.
2Reviewed by Division Head Reviewed by Cify Manager
Council Action:Motion B 7td By o
ORDINANCE
AN ORDINANCE OF THE CITY OF NORTH MYRTLE BEACH PROVIDINGTHAT THE CODE OF ORDINANCES, CITY OF NORTH MYRTLE BEACH,SOUTH CAROLINA, BE AMENDED BY REVISING THE TOWN CENTRE ONMArN pDD (PLANNED DEVELOPMENT DTSTRTCT) TO REMOVE THE 3,400SQUARE FOOT RESTAURANT ALONG THE WATERBODY, INCREASE THERESIDENTIAL DENSITY BY FIVE (5) DWELLING UNITS, INCREASE THENONRESIDENTIAL, LEASEABLE SPACE BY 4,506 SQUARE FEET ANDUPDATE THE ARCHITECTURE FOR THE FOUR (4) MIXED-USE BUILDINGS.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF NORTHMYRTLE BEACH, SOUTH CAROLINA, IN COUNCIL DULY ASSEMBLED,THAT:
Section L:That the Town Centre on Main Planned Development District be amended per the attachedPDD booklet presented by David Glymph of D3G Architects, authorized agent for JMMain Street Dev, LLC, entitled "Town Centre on Main Planned Development District,"dated March3,2017 and included in this ordinance with the following exhibits within:
o PDD text describing the development,. Legal description of the property,o Master site plan,. Phasing plan,o Project data,. Mixed-use building elevations,. Townhome elevations,o Public spaces pattern book,. Signage and lighting pattern book,o Trafhc study,o Storm water calculations.
If a conflict arises between the amendments listed in the ordinance and those listed in thePDD booklet, the PDD booklet shall take precedence. The proposed changes are reflectedin the PDD booklet.
Section 2:That the North Myrtle Beach Planning Commission has provided the required public noticeof this request and has held the necessary public hearings in accordance with applicableState Statutes and City Ordinances.
DONE, RATIFIED AND PASSED, THIS DAY OF 2017.
ATTEST:
City Clerk
Mayor Marilyn Hatley
APPROVED AS TO FORM:
FIRST READING:
SECOND READINGCity Attorney
REVIEV/ED:
City Manager
REOUEST FOR CIïT COUNCIL CONSIDERATION
Date: March 20 20t7
1BAgenda Item Prepared By: Chris Noury, City Attomey
Agenda Section: Business. Resolution. Date: March9,2017
Subject: A Resolution to approve the Mutual AidAgreements for the 20ll Memorial Day Bike WeekEvent
Division: Legal
BACKGROUND:
Attached is a Resolution to approve of the Mutual Aid Agreements for the20ll Memorial Day Bike'Week Event. The City will be assisted this year with law enforcement officers from the followingpolice agencies within the State of South Carolina:
Charleston County Sheriffls OfficeColumbia Police DepartmentDarlington County Sheriff s OfficeGeorgetown Police DepartmentIrmo Police DepartmentLexington Police DepartmentLoris Police DepartmentMount Pleasant Police DepartmentNorth Charleston Police DepartmentRockhill Police DepartmentSpartanburg Police Dep artmentSumter County Sheriff s Office
RECOMMENDED ACTION: Adoption of the Resolution.
Reviewed by Division Head Reviewed by City Manager by City Attorney
Council Action:Motion B 2nd ro /ó7
A RESOLUTION
A RESOLUTION TO APPROVE THE MUTUAL AID AGREEMENTS FOR THE 2016 MEMORIAL DAY BIKE
WEEK EVENT BETWEEN THE CITY OF NORTH MYRTLE BEACH AND THE FOLTOWING LAWENFORCEMENT AGENCIES:
Charleston County Sheriffls OfficeColumbia Police DepartmentDarlington County Sheriffs OfficeGeorgetown Police DepartmentIrmo Police DepartmentLexington Police DepartmentLoris Police DepartmentMount Pleasant Police DepartmentNorth Charleston Police DepartmentRockhill Police DepartmentSpartanburg Police DepartmentSumter County Sheriffs Office
AND TO AUTHORIZE TI-IE CITY MANAGER TO SIGN THE MUTUAL AID AGREEMENTS ONBEHALF OF THE CITY.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL FOR THE CITY OF NORTH
MYRTLE BEACH, SOUTH CAROLINA:
Section 1: The Mutual Aid Agreements referenced above are hereby approved
Section 2:The City Manager is authorized to sign the MutualAid Agreements on behalf of theCity.
Section 3: The Resolution shall become effective upon the date of passage
Resolved this the 20th Day of March, 2Ot7.
ATTEST:
Mayor Hatley
City Clerk
State of South Carolina
County of llorry
MUTUAL AID A¡ID LAW ENFORCEMENTSUPPORT AGREEMENT BETWEEN THECITY OF NORTH MYRTLE BEACH ANDTHE CHARLESTON COUNTY SIIERIFF'SOFFICE
)))
Whereas, the Law Enforcernent and Support Act (the Act), beginning at $ 23-20-10 etseq. of the South Carolina Code of Laws, $ 23-20-30 provides " Any county,incorporated municipality, or other political subdivision of this State may enter intomutual aid agreements for the proper and prudent exercise of public safety functions. Allagreements must adhere to the requirements contained in $ 23-20-40"; and
'Whereas, ç 23-20-20(4) of the Act defines a Mutual Aid Agreement as "any agreement
entered into on behalf of a law enforcement agency in this State for the purpose ofproviding the proper and prudent exercise of public safety functions across jurisdictionallines, including, but not limited to, multijurisdictional task forces, criminal investigations,patrol services, crowd control, traffrc control and safety, and other emergency servicesituations. Such agreements must not be permitted for the sole purpose of speedenforcement"; and
Whereas, ç 23-20-20 also def,rnes the following as:
(1) "Law enforcement agency" means any state, county, municipal, or local lawenforcement authority that enters into an agreement for the procurement of lawenforcement support services.
(2) "Law enforcement provider" means any in-state or out-of-state law enforcernentauthority that provides law enforcement services to a law enforcement agency pursuant tothis chapter.
(3) "Law enforcement services" means any law enforcement assistance or serviceperformed by a certified law enforcement officer; and
Whereas, ç 23-20-40 provides
(A)All mutual aid agreements for law enforcement services must be in writing andinclude, but may not be limited to, the following:
(1) a statement of specific services to be provided;(2) specific language dealing with financial agreements between the parties;(3) specification of the records to be maintained concerning the performance of
services to be provided to the agency;(4) language dealing with the duration, modification, and termination of the
agreement;
1
(5) specific language dealing with the legal contingencies for any lawsuits or thepayment of damages that arise from the provided services;
(6) a stipulation as to which law enforcement authority maintains control over thelaw enforcement provider' s personnel;
(7) specific arrangements for the use of equipment and facilities; and(8) specific language dealing with the processing of requests for information
pursuant to the Freedom of Information Act for public safety functionsperformed or arising under these agreements.
(B) Except as provided in subsection (C), a mutual aid agreement entered into onbehalf of a law enforcement authority must be approved by the appropriategoveming bodies of each concerned county, incorporated municipality, or otherpolitical subdivision of this State. Agreements entered into are executed betweengoverning bodies, and, therefore, may last until the agreement is terminated by aparticipatin g party of the agreement.
(C) An elected offrcial whose offlrce was created by the Constitution or by general lawof this State is not required to seek approval from the elected official's governingbody in order to participate in mutual aid agreements.
NOW THEREFORE, PURSUANT TO TIIE CODE OF LAWS OF SOUTHCAROLINA, SECTION 23-20-10 ET SEQ, THE NORTH MYRTLE BEACHDEPARTMENT OF PUBLIC SAFETY (NMBDPS) AND TIIE CHARLESTONCOUNTY SHERIFF'S OFFICE (CCSO), THE PARTIES AGREE AS FOLLOWS:
1. TEMPORARY TRANSF'ER OF'O ERS. SPECIFIC SERVICES TO BEPROVIDED. MODIF'IC ATION AND TERMINATION OF AGREEMENT:
(a) CCSO shall provide Officers on a temporary basis to provide law enforcementservices in the City of North Myrtle Beach, South Carolina during the Memorial DayBiker Event beginning on May 18,2017 through li4ay 29,2017. The Agreement shall beeffective for the period beginning at 12:00 a.m. on May 1 8,2017, and ending at ll:59p.m. on May 29,2017. However, the CCSO Police Department shall not be required tobegin providing assistance until May 25,2017 continuing through }i4ay 29,2017 unlessotherwise requested by the City of North Myrtle Beach to commence providing servicesprior to i|;4ay 25,2077 dunng the above referenced effective period.
(b) The specific law enforcement services that the CCSO shall provide include, butare not limited to, patrol services, crowd control, and traffic control.
(c) This agreement shall terminate, as indicated in paragraph 1(a) on Monday, May29,2017 at I 1:59 pm. This agreement shall not be modified unless both parties
2
consent, in writing, to a modification. The terms of the modification shall be inwriting and shall become apart of the original Agreement.
2. AUTHORITY
(a) The North Myrtle Beach City Council has approved this Agreement and hasauthorized the CCSO to request the temporary transfer of law enforcement officers fromthe CCSO to the extent of available personnel and equipment not required for theadequate protection of the remainder of County of Charleston. The Sheriff orcommanding officer of the CCSO shall determine the amount of personnel andequipment available for law enforcement aid in North Myrtle Beach. The decision of theSheriff or the commanding officer of the CCSO shall be final.
(b) Law enforcement officers from the CCSO acting under this Agreement shall becommanded by superior authority from within the CCSO to maintain the peace orperform duties in the municipality of North Myrtle Beach, South Carolina. While inNorth Myrtle Beach, officers from the CCSO shall be under the direction and authority ofa designated person from the CCSO. The designated person from the CCSO withauthority over the officers from the CCSO shall in turn be under the direction andauthority of Director of Public Safety for the NMBDPS or the Director's designee.Off,rcers from the CCSO transferred to perform law enforcement duties within the City ofNorth Myrtle Beach shall have all powers and authority of a law enforcement ofhceremployed by the City of North Myrtle Beach. The bond for any officer transferred fromthe CCSO shall include coverage for his/her activity in the municipality of North MyrtleBeach in the same manner and to the same extent provided by bonds of officersemployed by the NMBDPS.
3 COMPENSATION
The NMBDPS shall provide a thirty-five dollar ($35) per diem to each officer fromthe CCSO transferred to the municipality of North Myrtle Beach pursuant to thisAgreement. In addition, the NMBDPS shall provide lodging for each ofhcer from theCCSO transferred to the municipality of North Myrtle Beach pursuant to this Agreement.The NMBDPS shall also reimburse the CCSO the rate of salary or the hourly rate ofwages for each ofhcer transferred from the CCSO. Such reimbursement for each ofÍicershall include any overtime and any applicable state and federal taxes and SCPORScontributions. CCSO shall submit an invoice to the NMBDPS within thirty (30) daysfrom May 32,2017 regarding reimbursement for officers transferred pursuant to thisAgreement. Reimbursement shall not include travel expenses.
Other than the compensation to be paid to the CCSO as indicated above, theNMBDPS shall not be obligated to pay additional remuneration to the CCSO however, inin the event any extraordinary cost is incurred by the CCSO in the rendering of lawenforcement services pursuant to this Agreement, the CCSO may submit a request forcompensation to off-set any extraordinary cost. The NMBDPS shall not unreasonably
aJ
withhold payment to the CCSO for any extraordinary costs incurred by the CCSO whilerendering law enforcement services pursuant to this Agreement.
The temporary transfer of offrcers from the CCSO to the NMBDPS pursuant to thisAgreement shall in no manner affect or reduce the compensation, pension, or retirementrights of transferred or assigned officers and such officers shall continue to be paid by theCounty of Charleston where such offìcers are peÍnanently employed.
4. LIABILTY
(a) To the extent permitted by law, and without waiving sovereign immunity, eachagency shall be responsible for any and all claims, demands, suits, actions, damages andcauses of action related to or arising out of or in any way connected with its own actionsand the actions of its personnel in providing law enforcement services under thisagreement.
(b) The NMBDPS and the City of North Myrtle Beach shall not be responsible forreimbursing any amounts paid or due as benefits to employees of the CCSO or theCounty of Charleston under the terms of the South Carolina Workers' Compensation Actdue to personal injury or death occurring while such employees are engaged in renderingaid under this Agreement. The NMBDPS and the County of Charleston shall beresponsible for payment of compensation and benefits only to their respective employees
(c) All individuals retain all compensation, pension, retirement and disability rightswhile performing duties in accordance with this agreement, and all officers shall continueto be paid by the entity where they are permanently employed as of the dates services are
rendered.
(d) This Agreement shall not be construed as, or deemed to be, an agreement for thebenefit of any third party or parties. No third party or parties shall have any right ofaction under this agreement for any cause of action whatsoever.
5. EOUIPMENT AND FACILITIES
The CCSO may utilize equipment from its own agency, if approved of the byDirector of Public Safety for the NMBDPS or his designee, in carrying out lawenforcement services pursuant to this Agreement.
6. RECORDS
In the event that it is necessary for any officer with the CCSO to issue a uniformtraffic ticket, prepare an incident report, traff,rc accident report, andlor prepare anydocument(s) necessary for the issuance of an arrest warrant, the originals of the above
4
stated documents shall remain with and be maintained by the NMBDPS. tn the event it isnecessary for an officer with the CCSO to return to the City of North Myrtle Beach to aidin the prosecution of any traffic citation issued or arrest warrant obtained by, or with theassistance of, any officer from the CCSO while he/she was performing law enforcementservices pursuant to this Agreement, such officer shall reasonably cooperate with theNMBDPS to return to North Myrtle Beach for the purpose of providing testimony if thematter is to be disposed of via bench trial or jury trial. The NMBDPS shall pay for theofficer's mileage at the prevailing IRS mileage rate.
7. PROCESSING REOUESTS FOR INFORMATION PURSUANT TO TIIESOUTH CAROLINA FREEDOM OF INFORMATION ACT
Any requests for information submitted to the City of North Myrtle Beach and/or theNorth Myrtle Beach Department of Public Safety pursuant to the South CarolinaFreedom of Information Act (FOIA) regarding public safety functions performed orarising under these agreements shall be processed by the City of North Myrtle Beach.Any requests for information submitted to the Charleston County Sheriff s Officepursuant to the South Carolina Freedom of Information Act (FOIA) regarding publicsafety functions performed or arising under these agreements shall be processed bythe Charleston County Sheriff s Office.
Michael G" Mahaney, City ManagerCity of North Myrtle Beach
Date:
J. Al Cannon Jr., SheriffCharleston County Sheriffls Office
Date:
5
State of South Carolina
County of Horry
MUTUAL AID AND LAW ENFORCEMENTSUPPORT AGREEMENT BETWEEN THECITY OF NORTH MYRTLE BEACII ANDTHE COLUMBIA POLICE DEPARTMENT
)))
Whereas, the Law Enforcement and Support Act (the Act), beginningat $ 23-20-10 etseq. of the South Carolina Code of Laws, $ 23-20-30 provides " Any county,incorporated municipality, or other political subdivision of this State may enter intomutual aid agreements for the proper and prudent exercise of public safety functions. Allagreements must adhere to the requirements contained in $ 23-20-40"; and
'Whereas, ç 23-20-20(4) of the Act defines a Mutual Aid Agreement as "any agreement
entered into on behalf of a law enforcement agency in this State for the purpose ofproviding the proper and prudent exercise of public safety functions across jurisdictionallines, including, but not limited to, multijurisdictional task forces, criminal investigations,patrol services, crowd control, traffic control and safety, and other emergency servicesituations. Such agreements must not be permitted for the sole purpose of speedenforcement"; and
Whereas, ç 23-20-20 also dehnes the following as:
(1) "Law enforcement agency" means any state, county, municipal, or local lawenforcement authority that enters into an agreement for the procurement of lawenforcement support services.
(2) "Law enforcement provider" means any in-state or out-of-state law enforcementauthority that provides law enforcement services to a law enforcement agency pursuant tothis chapter.
(3) "Law enforcement services" means any law enforcement assistance or serviceperformed by a certified law enforcement officer; and
Whereas, ç 23-20-40 provides
(A)All mutual aid agreements for law enforcement services must be in writing andinclude, but may not be limited to, the following:
(1) a statement of specific services to be provided;(2) specific language dealing with financial agreements between the parties;(3) specification of the records to be maintained conceming the performance of
services to be provided to the agency;(4) langtage dealing with the duration, modification, and termination of the
agreement;
1
(5) specific language dealirrg with the legal contingencies for any lawsuits or thepayrnent of damages that arise from the provided services;
(6) a stipulation as to which law enforcement authority maintains control over thelaw enforcement provider' s personnel ;
(7) specific arrangements for the use of equipment and facilities; and(8) specific langtage dealing with the processing of requests for information
pursuant to the Freedom of Information Act for public safety functionsperformed or arising under these agreements.
(B) Except as provided in subsection (C), a mutual aid agreement entered into onbehalf of a law enforcement authority must be approved by the appropriategoverning bodies of each concemed county, incorporated municipality, or otherpolitical subdivision of this State. Agreements entered into are executed betweengoverning bodies, and, therefore, may last until the agreement is terminated by aparticipatin g party of the agreement.
(C) An elected official whose office was created by the Constitution or by general lawof this State is not required to seek approval from the elected official's governingbody in order to participate in mutual aid agreements.
NOW THEREFORE, PURSUANT TO THE CODE OF LAWS OF SOUTHCAROLINA, SECTION 23-20-10 ET SEQ, THE NORTH MYRTLE BEACHDEPARTMENT OF PUBLIC SAFETY (NMBDPS) AND THE COLUMBIAPOLICE DEPARTMENT (CPD), THE PARTIES AGREE AS FOLLOWS:
1. TEIVIPORARY TRANSFER OF OFFICERS. SPECIFIC SERVICES TO BEPROVIDED. MODIFICATION AND TERMINATION OF AGREEMENT:
(a) CPD shall provide Officers on a temporary basis to provide law enforcementservices in the City of North Myrtle Beach, South Carolina during the MemorialDayBiker Event beginning on May 18,2017 through }l4'ay 29,2017. The Agreement shall beeffective for the period beginning at 12:00 a.m. on May 18,2017 , and ending at 1 1:59p.m. on ll4ay 29, 2017 . However, the CPD shall not be required to begin providingassistance until May 25,2017 continuing through ll4ay 29,2017 unless otherwiserequested by the City of North Myrtle Beach to commence providing services prior toll4ay 25,2017 útirng the above referenced effective period.
(b) The specific law enforcement services that the CPD shall provide include, but arenot limited to, patrol services, crowd control, and traffic control.
(c) This agreement shall terminate, as indicated inparugraph 1(a) on Monday, May29,2017 at 1 I :59 pm. This agreement shall not be modihed unless both parties
2
consent, in writing, to a modification. The terms of the modif,rcation shall be inwriting and shall become apart of the original Agreement.
2. AUTHORITY
(a) The North Myrtle Beach City Council has approved this Agreement and hasauthorized the CPD to request the temporary transfer of law enforcement officers fromthe CPD to the extent of available personnel and equipment not required for the adequateprotection of the remainder of City of Columbia. The Police Chief or commandingofficer of the CPD shall determine the amount of personnel and equipment available forlaw enforcement aid in North Myrtle Beach. The decision of the Police Cliief or thecommanding officer of the CPD shall be final.
(b) The City of Columbia authorizes the Chief of the CPD or his designee to rendertemporary law enforcement aid to the NMBDPS to the extent of available personnel andequipment not required for adequate protection of the remainder of the City of Columbia.
(c) Law enforcement officers from the CPD acting under this Agreement shall becommanded by superior authority from within the CPD to maintain the peace or performduties in the municipality of North Myrtle Beach, South Carolina. While in North MyrtleBeach, officers from the CPD shall be under the direction and authority of a designatedperson from the CPD. The designated person from the CPD with authority over theofficers from the CPD shall in tum be under the direction and authority of Director ofPublic Safety for the NMBDPS or the Director's designee. Officers from the CPDtransferred to perform law enforcement duties within the City of North Myrtle Beachshall have all powers and authority of a law enforcement officer employed by the City ofNorth Myrtle Beach. The bond for any ofhcer transferred from the CPD shall includecoverage for his/her activity in the municipality of North Myrtle Beach in the samemanner and to the same extent provided by bonds of officers employed by the NMBDPS.
3 COMPENSATION
The NMBDPS shall provide a thirty-five dollar ($35) per diem to each off,rcer fromthe CPD transferred to the municipality of North Myrtle Beach pursuant to thisAgreement. In addition, the NMBDPS shall provide lodging for each officer from theCPD transferred to the municipality of North Myrtle Beach pursuant to this Agreement.The NMBDPS shall also reimburse the CPD the rate of salary or the hourly rate of wagesfor each officer transferred from the CPD. Such reimbursement for each officer shallinclude any overtime and any applicable state and federal taxes and SCPORScontributions. CPD shall submit an invoice to the NMBDPS within thirty (30) days fromMay 30, 2017 regarding reimbursement for officers transferred pursuant to thisAgreement. Reimbursement shall not include travel expenses.
Other than the compensation to be paid to the CPD as indicated above, the NMBDPSshall not be obligated to pay additional remuneration to the CPD however, in in the eventany extraordinary cost is incurred by the CPD in the rendering of law enforcement
-t
services pursuant to this Agreement, the CPD may submit a request for compensation tooff-set any extraordinary cost. The NMBDPS shall not unreasonably withhold payment tothe CPD for any extraordinary costs incurred by the CPD while rendering lawenforcement services pursuant to this Agreement.
The temporary transfer of offìcers from the CPD to the NMBDPS pursuant to thisAgreement shall in no manner affect or reduce the compensation, pension, or retirementrights of transferred or assigned officers and such officers shall continue to be paid by theCity of Columbia where such offtcers are permanently employed.
4. LIABILTY
(a) To the extent permitted by law, and without waiving sovereign immunity, eachagency shall be responsible for any and all claims, demands, suits, actions, damages andcauses of action related to or arising out of or in any way connected with its own actionsand the actions of its personnel in providing law enforcement services under thisagreement.
(b) The NMBDPS and the City of North Myrtle Beach shall not be responsible forreimbursing any amounts paid or due as benefits to employees of the CPD or the City ofColumbia under the terms of the South Carolina Workers' Compensation Act due topersonal injury or death occurring while such employees are engaged in rendering aidunder this Agreement. The NMBDPS and the City of Columbia shall be responsible forpayment of compensation and benefits only to their respective ernployees.
(c) All individuals retain all compensation, pension, retirement and disability rightswhile performing duties in accordance with this agreernent, and all officers shall continueto be paid by the entity where they are permanently employed as of the dates services are
rendered.
(d) This Agreement shall not be construed as, or deemed to be, an agreement for thebenefit of any third party or parties. No third party or parties shall have any right ofaction under this agreement for any cause of action whatsoever.
5. EOUIPMENT AND FACILITIES
The CPD may utilize equipment from its own agency, if approved of the by Directorof Public Safety for the NMBDPS or his designee, in carrying out law enforcementservices pursuant to this Agreement.
4
6. RECORDS
In the event that it is necessary for any officer with the CPD to issue a uniform trafficticket, prepare an incident report, traff,rc accident report, and/or prepare any document(s)necessary for the issuance of an arrest warrant, the originals of the above stateddocuments shall remain with and be maintained by the NMBDPS. In the event it isnecessary for an officer with the CPD to return to the City of North Myrtle Beach to aidin the prosecution of any traffic citation issued or arrest warrant obtained by, or with theassistance of, any offrcer from the CPD while he/she was performing law enforcementservices pursuant to this Agteement, such offrcer shall reasonably cooperate with theNMBDPS to retum to North Myrtle Beach for the purpose of providing testimony if thematter is to be disposed of via bench trial or jury trial. The NMBDPS shall pay for theofficer's mileage at the prevailing IRS mileage rate.
7. PROCESSING REOUESTS FOR INFORMATION PURSUANT TO TIIESOUTH CAROLINA FREEDOM OF INFORMATION ACT
Any requests for information submitted to the City of North Myrtle Beach and/or theNorth Myrtle Beach Department of Public Safety pursuant to the South CarolinaFreedom of Information Act (FOIA) regarding public safety functions performed orarising under these agreements shall be processed by the City of North Myrtle Beach.Any requests for information submitted to the Columbia Police Department pursuantto the South Carolina Freedom of Information Act (FOIA) regarding public safetyfunctions performed or arising under these agreements shall be processed by theColumbia Police Department.
Michael G. Mahaney, City ManagerCity of North Myrtle Beach
Date:
W.H. Skip Holbrook, ChiefColumbia Police Dept.
Date:
5
State of South Carolina
County of Horry
MUTUAL AID AND LA\ry ENFORCEMENTSUPPORT AGREEMENT BET\ryEEN THECITY OF NORTH MYRTLE BEACH ANDTHE DARLINGTON COUNTY SHERIFF'SOFFICE
)))
Whereas, the Law Enforcement and Support Act (the Act), beginning at $ 23-20-10 etseq. of the South Carolina Code of Laws, $ 23-20-30 provides " Any county,incorporated municipality, or other political subdivision of this State may enter intomutual aid agreements for the proper and prudent exercise of public safety functions. Allagreements must adhere to the requirements contained in $ 23-20-40"; and
Whereas, ç 23-20-20(4) of the Act defines a Mutual Aid Agreernent as "any agreemententered into on behalf of a law enforcement agency in this State for the purpose ofproviding the proper and prudent exercise of public safety functions across jurisdictionallines, including, but not limited to, multijurisdictional task forces, criminal investigations,patrol services, crowd control, traffic control and safety, and other emergency servicesituations. Such agreements must not be permitted for the sole purpose of speed
enforcement"; and
Whereas, ç 23-20-20 also defines the following as:
(l) "Law enforcement agency" means any state, county, municipal, or local lawenforcement authority that enters into an agreement for the procurement of lawenforcement support services.
(2) "Law enforcement provider" means any in-state or out-of-state law enforcementauthority that provides law enforcement services to a law enforcemenl agency pursuant tothis chapter.
(3) "Law enforcement services" means any law enforcement assistance or serviceperformed by a certified law enforcement officer; an
Whereas, ç 23-20-40 provides
(A)All mutual aid agreernents for law enforcement services must be in writing andinclude, but may not be limited to, the following:
(1) a statement of specific services to be provided;(2) specific language dealing with financial agreements between the parties;(3) specification of the records to be maintained concerning the performance of
services to be provided to the agency;(4) language dealing with the duration, modification, and termination of the
agreement;
1
(5) specific language dealing with the legal contingencies for any lawsuits or thepayment of damages that arise from the provided services;
(6) a stipulation as to which law enforcement authority maintains control over thelaw enforcement provider' s personnel ;
(7) specific arangements for the use of equipment and facilities; and(8) specific language dealing with the processing of requests for information
pursuant to the Freedom of Information Act for public safety functionsperformed or arising under these agreements.
(B) Except as provided in subsection (C), a mutual aid agreement entered into onbehalf of a law enforcement authority must be approved by the appropriategoverning bodies of each concemed county, incorporated municipality, or otherpolitical subdivision of this State. Agreements entered into are executed betweengoveming bodies, and, therefore, may last until the agreement is terminated by aparticipatin g party of the agreement.
(C) An elected official whose office was created by the Constitution or by general lawof this State is not required to seek approval from the elected ofhcial's governingbody in order to participate in mutual aid agreements.
NOW TIIEREFORE, PURSUANT TO THE CODE OF LA\ryS OF SOUTHCAROLINA, SECTION 23-20-10 ET SEQ, THE NORTH MYRTLE BEACHDEPARTMENT OF PUBLIC SAFETY (NMBDPS) AND THE DARLINGTONCOUNTY SHERIFF'S OFFICE (DCSO), THE PARTIES AGREE AS FOLLOWS:
1. TEMPORARY TRANSFER OF OFFICERS. SPECIFIC SERVICES TO BEPROVIDED, MODIFICATION AND TERMINATION OF AGREEMENT:
(a) DCSO shall provide Officers on a tonporary basis to provide law enforcementservices in the City of North Myrtle Beach, South Carolina during the MemorialDayBiker Event beginning on May 18,2017 through i|i4.ay 29,2017. The Agreement shall beeffective for the period beginning at 12:00 a.m. on May 18,2017, and ending at 11:59p.m. on }l4ay 29,2017 . However, the DCSO shall not be required to begin providingassistance until May 25,2017 continuing through lday 29,2017 unless otherwiserequested by the City of North Myrtle Beach to commence providing services prior to}day 25,2017 during the above referenced effective period.
(b) The specific law enforcement services that the DCSO shall provide include, butare not limited to, patrol services, crowd control, and trafhc control.
(c) This agreement shall terminate, as indicated in paragraph 1(a) on Monday, May29,2017 at 1 I :59 pm. This agreement shall not be modified unless both parties
2
consent, in writing, to a modification. The terms of the modification shall be inwriting and shall become apart of the original Agreement.
2. AUTHORITY
(a) The North Myrtle Beach City Council has approved this Agreement and hasauthonzed the DCSO to request the temporary transfer of law enforcement officers fromthe DCSO to the extent of available personnel and equipment not required for theadequate protection of the remainder of County of Darlington. The Sheriff orcommanding officer of the DCSO shall determine the amount of personnel andequipment available for law enforcement aid in North Myrtle Beach. The decision of theSheriff or the commanding off,rcer of the DCSO shall be final.
(b) Law enforcement offrcers from the DCSO acting under this Agreernent shall becommanded by superior authority from within the DCSO to maintain the peace orperform duties in the municipality of North Myrtle Beach, South Carolina. While inNorth Myrtle Beach, officers from the DCSO shall be under the direction and authority ofa designated person from the DCSO. The designated person from the DCSO withauthority over the officers from the DCSO shall in turn be under the direction andauthority of Director of Public Safety for the NMBDPS or the Director's designee.Officers from the DCSO transferred to perform law enforcement duties within the City ofNorth Myrtle Beach shall have all powers and authority of a law enforcement officeremployed by the City of North Myrtle Beach. The bond for any officer transferred fromthe DCSO shall include coverage for his/her activity in the municipality of North MyrtleBeach in the same manner and to the same extent provided by bonds of officersemployed by the NMBDPS.
3 COMPENSATION
The NMBDPS shall provide a thirty-five dollar ($35) per diem to each officer fromthe DCSO transferred to the municipality of North Myrtle Beach pursuant to thisAgreement. In addition, the NMBDPS shall provide lodging for each officer from theDCSO transferred to the municipality of North Myrtle Beach pursuant to this Agreement.The NMBDPS shall also reimburse the DCSO the rate of salary or the hourly rate ofwages for each officer transferred from the DCSO. Such reimbursement for each officershall include any overtime and any applicable state and federal taxes and SCPORScontributions. DCSO shall submit an invoice to the NMBDPS within thirty (30) daysfrom May 30,2017 regarding reimbursement for officers transferred pursuant to thisAgreement. Reimbursement shall not include travel expenses.
Other than the compensation to be paid to the DCSO as indicated above, theNMBDPS shall not be obligated to pay additional remuneration to the DCSO however, inin the event any extraordinary cost is incurred by the DCSO in the rendering of lawenforcement services pursuant to this Agreement, the DCSO may submit a request forcompensation to off-set any extraordinary cost. The NMBDPS shall not unreasonably
J
withhold payment to the DCSO for any extraordinary costs incurred by the DCSO whilerendering law enforcement services pursuant to this Agreement.
The temporary transfer of officers from the DCSO to the NMBDPS pursuant to thisAgreement shall in no manner affect or reduce the compensation, pension, or retirementrights of transferred or assigned off,rcers and such officers shall continue to be paid by theCounty of Darlington where such officers are pennanently employed.
4. LIABILTY
(a) To the extent permitted by law, and without waiving sovereign immunity, eachagency shall be responsible for any and all claims, demands, suits, actions, damages andcauses of action related to or arising out of or in any way connected with its own actionsand the actions of its personnel in providing law enforcement services under thisagreement.
(b) The NMBDPS and the City of North Myrtle Beach shall not be responsible forreimbursing aîy amounts paid or due as benefits to employees of the DCSO or theCounty of Darlington under the terms of the South Carolina Workers' Compensation Actdue to personal injury or death occurring while such employees are engaged in renderingaid under this Agreement. The NMBDPS and the County of Darlington shall beresponsible for payment of compensation and benefits only to their respective employees.
(c) All individuals retain all compensation, pension, retirement and disability rightswhile performing duties in accordance with this agreement, and all officers shall continueto be paid by the entity where they are permanently employed as of the dates services arerendered.
(d) This Agreement shall not be construed as, or deemed to be, an agreement for thebenefit of any third party or parties. No third party or parties shall have any right ofaction under this agreement for any cause of action whatsoever.
5. UIPMENT AND FACIL
The DCSO may utilize equipment from its own agency, if approved of the byDirector of Public Safety for the NMBDPS or his designee, in carrying out lawenforcement services pursuant to this Agreement.
6. RECORDS
In the event that it is necessary for any officer with the DCSO to issue a uniformtraffic ticket, prepare an incident report, traffic accident report, andlor prepare anydocument(s) necessary for the issuance of an arrest warrant, the originals of the abovestated documents shall remain with and be maintained by the NMBDPS. In the event it isnecessary for an officer with the DCSO to retum to the City of North Myrtle Beach to aid
4
in the prosecution of any traffic citation issued or arrest warrant obtained by, or with theassistance of, any offlrcer from the DCSO while he/she was performing law enforcementservices pursuant to this Agreement, such ofhcer shall reasonably cooperate with theNMBDPS to return to North Myrtle Beach for the purpose of providing testimony if thematter is to be disposed of via bench trial or jury trial. The NMBDPS shall pay for theofficer's mileage at the prevailing IRS mileage rate.
7. PROCESSING REOUESTS FOR INFORMATION PURSUANT TO THESOUTH CAROLINA FREEDOM OF INFORMATION ACT
Any requests for information submitted to the City of North Myrtle Beach and/or theNorth Myrtle Beach Department of Public Safety pursuant to the South CarolinaFreedom of Information Act (FOIA) regarding public safety functions performed orarising under these agreements shall be processed by the City of North Myrtle Beach.Any requests for information submitted to the Darlington County Sheriffls Officepursuant to the South Carolina Freedom of Information Act (FOIA) regarding publicsafety functions performed or arising under these agreements shall be processed bythe Darlington County Sheriffls Office.
Michael G. Mahaney,City ManagerCity of North Myrtle Beach
Date:
Tony Chavis, SheriffDarlington County Sheriff s Offìce
Date:
5
State of South Carolina
County of Horry
MUTUAL AID AND LAW ENFORCEMENTSUPPORT AGREEMENT BETWEEN THECITY OF NORTH MYRTLE BEACH AIIDTHE GEORGETOWN POLICEDEPARTMENT
)))
Whereas, the Law Enforcement and Support Act (the Act), beginning at g 23-20-10 etseq. of the South Carolina Code of Laws, $ 23-20-30 provides " Any county,incorporated municipality, or other political subdivision of this State may enter intomutual aid agreements for the proper and prudent exercise of public safety functions. Allagreements must adhere to the requirements contained in $ 23-20-40"; and
Whereas, ç 23-20-20(4) of the Act defines a Mutual Aid Agreement as "any agreemententered into on behalf of a law enforcement agency in this State for the purpose ofproviding the proper and prudent exercise of public safety functions acÍoss jurisdictionallines, including, but not limited to, multijurisdictional task forces, criminal investigations,patrol services, crowd control, traffic control and safety, and other emergency servicesituations. Such agreements must not be permitted for the sole purpose of speedenforcement"; and
Whereas, ç 23-20-20 also defines the following as:
(1) "Law enforcement agency" means any state, county, municipal, or local lawenforcement authority that enters into an agreement for the procurement of lawenforcement support services.
(2) "Law enforcement provider" means any in-state or out-of-state law enforcementauthority that provides law enforcement services to a law enforcement agency pursuant tothis chapter.
(3) "Law enforcement services" means any law enforcement assistance or serviceperformed by a certified law enforcement officer; and
Whereas, ç 23-20-40 provides
(A)All mutual aid agreements for law enforcement services must be in writing andinclude, but may not be limited to, the following:
(1) a statement of specific services to be provided;(2) specific language dealing with financial agreements between the parties;(3) specification of the records to be maintained concerning the performance of
services to be provided to the agency;(4) language dealing with the duration, modification, and termination of the
agteement;
1
(5) specific language dealing with the legal contingencies for any lawsuits or thepayrnent of damages that arise from the provided services;
(6) a stipulation as to which law enforcement authority maintains control over thelaw enforcement provider' s personnel;
(7) specific arangements for the use of equipment and facilities; and(8) specific language dealing with the processing of requests for information
pursuant to the Freedom of Information Act for public safety functionsperformed or arising under these agreements.
(B) Except as provided in subsection (C), a mutual aid agreement entered into onbehalf of a law enforcement authority must be approved by the appropriategoveming bodies of each concerned county, incorporated municipality, or otherpolitical subdivision of this State. Agreements entered into are executed betweengoverning bodies, and, therefore, may last until the agreement is terminated by aparticipatin g party of the agreement.
(C) An elected official whose offìce was created by the Constitution or by general lawof this State is not required to seek approval from the elected official's governingbody in order to participate in mutual aid agreements.
NOW THEREFORE, PURSUANT TO THE CODE OF LAWS OF SOUTHCAROLINA, SECTTON 23-20-10 ET SEQ, THE NORTH MYRTLE BEACHDEPARTMENT OF PUBLIC SAFETY (NMBDPS) AND THE GEORGETOWNPOLICE DEPARTMENT (GPD), THE PARTIES AGREE AS FOLLOWS:
1. TEMPORARY TRANSFER OF OFFICERS. SPECIFIC SERVICES TO BEPROVIDED, MODIFICATION AND TERMINATION OF AGREEMENT:
(a) GPD shall provide Off,rcers on a temporary basis to provide law enforcementservices in the City of North Myrtle Beach, South Carolina during the Memorial DayBiker Event beginning on May 18,2017 through li4ay 29,2017. The Agreement shall beeffective for the period beginning at 12:00 a.m. on May 18,2017, and ending at 11:59p.m. on .l;4ay 29,2017 . However, the GPD shall not be required to begin providingassistance until May 25,2017 continuing through }i4ay 29,2017 unless otherwiserequested by the City of North Myrtle Beach to commence providing services prior toll4ay 25,2017 during the above referenced effective period.
(b) The specific law enforcement services that the GPD shall provide include, but arenot limited to, patrol services, crowd control, and traffic control.
(c) This agreement shall terminate, as indicated in paragraph 1(a) on Monday, May29,2017 at 1.I:59 pm. This agreement shall not be modified unless both parties
2
consent, in writing, to a modification. The terms of the modification shall be inwriting and shall become apart of the original Agreement.
2. AUTHORITY
(a) The North Myrtle Beach City Council has approved this Agreement and has
authorized the GPD to request the temporary transfer of law enforcement officers fromthe GPD to the extent of available personnel and equipment not required for the adequateprotection of the remainder of City of Georgetown. The Police Chief or commandingofficer of the GPD shall determine the amount of personnel and equipment available forlaw enforcement aid in North Myrtle Beach. The decision of the Police Chief or thecommanding ofhcer of the GPD shall be final.
(b) The City of Georgetown authorizes the Chief of the GPD or his designee to rendertemporary law enforcement aid to the NMBDPS to the extent of available personnel and
equipment not required for adequate protection of the remainder of the City ofGeorgetown.
(c) Law enforcement officers from the GPD acting under this Agreement shall becommanded by superior authority from within the GPD to maintain the peace or performduties in the municipality of North Myrtle Beach, South Carolina. While in North MyrtleBeach, officers from the GPD shall be under the direction and authority of a designatedperson from the GPD. The designated person from the GPD with authority over theofficers from the GPD shall in tum be under the direction and authority of Director ofPublic Safety for the NMBDPS or the Director's designee. Officers from the GPDtransferred to perform law enforcement duties within the City of North Myrtle Beachshall have all powers and authority of a law enforcement ofhcer employed by the City ofNorth Myrtle Beach. The bond for any officer transferred from the GPD shall includecoverage for his/her activity in the municipality of North Myrtle Beach in the samemalìner and to the same extent provided by bonds of officers employed by the NMBDPS.
3 COMPENSATION
The NMBDPS shall provide a thirty-five dollar ($35) per diem to each officer fromthe GPD transferred to the municipality of North Myrtle Beach pursuant to thisAgreement. In addition, the NMBDPS shall provide lodging for each officer from theGPD transferred to the municipality of North Myrtle Beach pursuant to this Agreement.The NMBDPS shall also reimburse the GPD the rate of salary or the hourly rate of wagesfor each officer transferred from the GPD. Such reimbursement for each officer shallinclude any overtime and any applicable state and federal taxes and SCPORScontributions. GPD shall submit an invoice to the NMBDPS within thirty (30) days fromMay 30, 2017 regarding reimbursement for officers transferred pursuant to thisAgteement. Reimbursement shall not include travel expenses.
Other than the compensation to be paid to the GPD as indicated above, the NMBDPSshall not be obligated to pay additional remuneration to the GPD however, in in the event
J
any extraordinary cost is incurred by the GPD in the rendering of law enforcementservices pursuant to this Agreement, the GPD may submit a request for compensation tooff-set any extraordinary cost. The NMBDPS shall not unreasonably withhold payment tothe GPD for any extraordinary costs incurred by the GPD while rendering lawenforcement services pursuant to this Agreement.
The temporary transfer of officers from the GPD to the NMBDPS pursuant to thisAgreernent shall in no manner affect or reduce the compensation, pension, or retirement.ights of transferred or assigned officers and such officers shall continue to be paid by theCity of Georgetown where such officers are perrnanently employed.
4. LIABILTY
(a) To the extent permitted by law, and without waiving sovereign immunity, eachagency shall be responsible for any and all claims, demands, suits, actions, damages andcauses of action related to or arising out of or in any way connected with its own actionsand the actions of its personnel in providing law enforcement services under thisagreement.
(b) The NMBDPS and the City of North Myrtle Beach shall not be responsible forreimbursing any amounts paid or due as benefits to employees of the GPD or the City ofGeorgetown under the terms of the South Carolina'Workers' Compensation Act due topersonal injury or death occurring while such employees are engaged in rendering aidunder this Agreernent. The NMBDPS and the City of Georgetown shall be responsiblefor payment of compensation and benefits only to their respective employees.
(c) All individuals retain all compensation, pension, retirement and disability rightswhile performing duties in accordance with this agreement, and all officers shall continueto be paid by the entity where they are permanently employed as of the dates services arerendered.
(d) This Agreement shall not be construed as, or deemed to be, an agreement for thebenefit of any third party or parties. No third party or parties shall have any right ofaction under this agreement for any cause of action whatsoever.
5. EOUIPMENT AND FACILITIES
The GPD may utilize equipment from its own agency, if approved of the by Directorof Public Safety for the NMBDPS or his designee, in carrying out law enforcementservices pursuant to this Agreement.
6. RECORDS
In the event that it is necessary for any officer with the GPD to issue a uniform trafficticket, prepare an incident report, traffic accident report, andlor prepare any document(s)necessary for the issuance of an arrest warrant, the originals of the above stated
4
documents shall remain with and be maintained by the NMBDPS. In the event it isnecessary for an officer with the GPD to retum to the City of North Myrtle Beach to aidin the prosecution of any traffic citation issued or arrest warrant obtained by, or with theassistance of, any officer from the GPD while helshe was performing law enforcementservices pursuant to this Agreernent, such officer shall reasonably cooperate with theNMBDPS to retum to North Myrtle Beach for the purpose of providing testimony if thematter is to be disposed of via bench trial or jury trial. The NMBDPS shall pay for theofficer's mileage at the prevailing IRS mileage rate.
7. PROCESSING REOUESTS FOR INFORMATION PURSUANT TO THESOUTH CAROLINA FREEDOM OF INFORMATION ACT
Any requests for information submitted to the City of North Myrtle Beach andlor theNorth Myrtle Beach Department of Public Safety pursuant to the South CarolinaFreedom of Information Act (FOIA) regarding public safety functions performed orarising under these agreements shall be processed by the City of North Myrtle Beach.Any requests for information submitted to the Georgetown Police Departmentpursuant to the South Carolina Freedom of Information Act (FOIA) regarding publicsafety functions performed or arising under these agreements shall be processed bythe Georgetown Police Department.
Michael G. Mahaney, City ManagerCity of North Myrtle Beach
Date:
Kelvin Waites, ChiefGeorgetown Police Department
Date:
5
State of South Carolina
County of Horry
MUTUAL AID AND LA\ry ENFORCEMENTSUPPORT AGREEMENT BET\ilEEN THECITY OF NORTH MYRTLE BEACH ANDTHE IRMO POLICE DEPARTMENT
)))
Whereas, the Law Enforcement and Support Act (the Act), beginning at $ 23-20-10 et
seq. of the South Carolina Code of Laws, $ 23-20-30 provides " Any county,
incorporated municipality, or other political subdivision of this State may enter intomutual aid agreements for the proper and prudent exercise of public safety functions. Allagreements must adhere to the requirements contained in $ 23-20-40"; and
Whereas, ç 23-20-20(4) of the Act defines a Mutual Aid Agreement as "any agreemententered into on behalf of a law enforcement agency in this State for the purpose ofproviding the proper and prudent exercise of public safety functions across jurisdictionallines, including, but not limited to, multijurisdictional task forces, criminal investigations,patrol services, crowd control, traffic control and safety, and other emergency servicesituations. Such agreements must not be permitted for the sole purpose of speedenforcernent"; and
Whereas, ç 23-20-20 also defines the following as:
(1) "Law enforcement agency" means any state, county, municipal, or local lawenforcement authority that enters into an agreement for the procurement of lawenforcement support services.
(2) "Law enforcement provider" means any in-state or out-oÊstate law enforcementauthority that provides law enforcement services to a law enforcement agency pursuant tothis chapter.
(3) "Law enforcement services" means any law enforcement assistance or serviceperformed by a certified law enforcement offrcer; and
Whereas, ç 23-20-40 provides
(A)All mutual aid agreements for law enforcement services must be in writing andinclude, but may not be limited to, the following:
(1) a statement of specific services to be provided;(2) specific language dealing with financial agreements between the parties;(3) specifrcation of the records to be maintained conceming the performance of
services to be provided to the agency;(4) language dealing with the duration, modification, and termination of the
agteement;
I
(5) specific language dealing with the legal contingencies for any lawsuits or thepayment of damages that arise from the provided services;
(6) a stipulation as to which law enforcement authority maintains control over thelaw enforcement provider' s personnel ;
(7) specifrc affangements for the use of equipment and facilities; and(8) specific language dealing with the processing of requests for information
pursuant to the Freedom of lnformation Act for public safety functionsperformed or arising under these agreements.
(B) Except as provided in subsection (C), a mutual aid agreement entered into onbehalf of a law enforcernent authority must be approved by the appropriategoveming bodies of each concerned county, incorporated municipality, or otherpolitical subdivision of this State. Agreements entered into are executed betweengoveming bodies, and, therefore, may last until the agreement is terminated by aparticipatin g party of the agreement.
(C) An elected official whose office was created by the Constitution or by general lawof this State is not required to seek approval from the elected official's governingbody in order to participate in mutual aid agreements.
NOW THEREFORE, PURSUANT TO THE CODE OF LAWS OF SOUTIICAROLINA, SECTION 23-20-10 ET SEQ, THE NORTH MYRTLE BEACHDEPARTMENT OF PUBLIC SAFETY (NMBDPS) AND TIIE IRMO POLICEDEPARTMENT (IPD), THE PARTIES AGREE AS FOLLOWS:
1. TEMPORARY TRANSFER OF OFFICERS, SPECIFIC SERVICES TO BEPROVIDED. MODIFICATION AND TERMINATION OF AGREEMENT:
(a) IPD shall provide Officers on a temporary basis to provide law enforcementservices in the City of North Mfile Beach, South Carolina during the MemorialDayBiker Event beginning on May 18,2017 through l|l4ay 29,2017. The Agreement shall beeffectivefortheperiodbeginning at12:00 a.m. onMay 18,2017, andending atll:59p.m. on May 30, 2017. However, the IPD shall not be required to begin providingassistance until May 25,2017 continuing through i|l4ay 29,2017 unless otherwiserequested by the City of North Myrtle Beach to commence providing services prior to};4ay 25,2017 dunng the above referenced effective period.
(b) The specific law enforcement services that the IPD shall provide include, but are
not limited to, patrol services, crowd control, and traffic control.
(c) This agreement shall terminate, as indicated in paragraph 1(a) on Monday, May29,2017 at 1 1:59 pm. This agreement shall not be modified unless both parties
2
consent, in writing, to a modification. The terms of the modification shall be inwriting and shall become apart of the original Agreement.
2. AUTIIORITY
(a) The North Myrtle Beach City Council has approved this Agreement and hasauthorized the IPD to request the temporary transfer of law enforcement off,rcers from theIPD to the extent of available personnel and equipment not required for the adequateprotection of the remainder of Town of Irmo. The Police Chief or commanding officer ofthe IPD shall determine the amount of personnel and equipment available for lawenforcement aid in North Myrtle Beach. The decision of the Police Chief or thecommanding officer of the IPD shall be final.
(b) The Town of Irmo authorizes the Chief of the IPD or his designee to rendertemporary law enforcement aid to the NMBDPS to the extent of available personnel andequipment not required for adequate protection of the remainder of the City of Irmo.
(c) Law enforcement off,rcers from the IPD acting under this Agreement shall becommanded by superior authority from within the IPD to maintain the peace or performduties in the municipality of North Myrtle Beach, South Carolina. While in North MyrtleBeach, officers from the IPD shall be under the direction and authority of a designatedperson from the IPD. The designated person from the IPD with authority over the officersfrom the IPD shall in tum be under the direction and authority of Director of PublicSafety for the NMBDPS or the Director's designee. Officers from the IPD transferred toperform law enforcement duties within the City of North Myrtle Beach shall have allpowers and authority of a law enforcement officer employed by the City of North MyrtleBeach. The bond for any officer transferred from the IPD shall include coverage forhis/her activity in the municipality of North Myrtle Beach in the same marìner and to thesame extent provided by bonds of officers employed by the NMBDPS.
3 COMPENSATION
The NMBDPS shall provide a thirty-five dollar (S35) per diem to each offtcer fromthe IPD transferred to the municipality of North Myrtle Beach pursuant to thisAgreement. In addition, the NMBDPS shall provide lodging for each officer from theIPD transferred to the municipality of North Myrtle Beach pursuant to this Agreement.The NMBDPS shall also reimburse the IPD the rate of salary or the hourly rate of wagesfor each officer transferred from the IPD. Such reimbursement for each officer shallinclude any overtime and any applicable state and federal taxes and SCPORScontributions. IPD shall submit an invoice to the NMBDPS within thirty (30) days fromMay 30, 2017 regarding reimbursement for officers transferred pursuant to thisAgreement. Reimbursement shall not include travel expenses.
Other than the compensation to be paid to the IPD as indicated above, the NMBDPSshall not be obligated to pay additional remuneration to the IPD however, in in the eventany extraordinary cost is incurred by the IPD in the rendering of law enforcernent
J
services pursuant to this Agreement, the IPD may submit a request for compensation tooff-set any extraordinary cost. The NMBDPS shall not unreasonably withhold payment tothe IPD for any extraordinary costs incurred by the IPD while rendering law enforcementservices pursuant to this Agreement.
The temporary transfer of officers from the IPD to the NMBDPS pursuant to thisAgreement shall in no manner affect or reduce the compensation, pension, or retirementrights of transferred or assigned officers and such officers shall continue to be paid by theTown of Irmo where such officers are permanently employed.
4. LIABILTY
(a) To the extent permitted by law, and without waiving sovereign immunity, eachagency shall be responsible for any and all claims, demands, suits, actions, damages andcauses of action related to or arising out of or in any way connected with its own actionsand the actions of its personnel in providing law enforcement services under thisagteement.
(b) The NMBDPS and the City of North Myrtle Beach shall not be responsible forreimbursing arry amounts paid or due as benefits to employees of the IPD or the Town ofIrmo under the terms of the South Carolina Workers' Compensation Act due to personalinjury or death occurring while such employees are engaged in rendering aid under thisAgreement. The NMBDPS and the Town of Irmo shall be responsible for payment ofcompensation and benefits only to their respective employees.
(c) All individuals retain all compensation, pension, retirement and disability rightswhile performing duties in accordance with this agreement, and all officers shall continueto be paid by the entity where they are permanently employed as of the dates services arerendered.
(d) This Agreement shall not be construed as, or deemed to be, an agreement for thebenefit of any third party or parties. No third party or parties shall have any right ofaction under this agreement for any cause of action whatsoever.
5. EOUIPMENT AND FACILITIES
The IPD may utilize equipment from its own agency, if approved of the by Directorof Public Safety for the NMBDPS or his designee, in carrying out law enforcernentservices pursuant to this Agreement.
6. RECORDS
In the event that it is necessary for any officer with the IPD to issue a uniform trafficticket, prepare an incident report, traffic accident report, andlor prepare any document(s)necessary for the issuance of an arrest warrant, the originals of the above stateddocuments shall remain with and be maintained by the NMBDPS. In the event it is
4
necessary for an offrcer with the IPD to return to the City of North Myrtle Beach to aid inthe prosecution of any traffic citation issued or arrest warrant obtained by, or with theassistance of, any officer from the IPD while he/she was performing law enforcementservices pursuant to this Agreement, such officer shall reasonably cooperate with theNMBDPS to retum to North Myrtle Beach for the purpose of providing testimony if thematter is to be disposed of via bench trial or jury trial. The NMBDPS shall pay for theofficer's mileage at the prevailing IRS mileage rate.
7. PROCESSING REOUESTS FOR INFORMATION PURSUAI{T TO THESOUTH CAROLINA FREEDOM OF INFORMATION ACT
Any requests for information submitted to the City of North Myrtle Beach and/or theNorth Myrtle Beach Department of Public Safety pursuant to the South CarolinaFreedom of Information Act (FOIA) regarding public safety functions performed orarising under these agreements shall be processed by the City of North Myrtle Beach.Any requests for information submitted to the Irmo Police Department pursuant to theSouth Carolina Freedom of Information Act (FOIA) regarding public safety functionsperformed or arising under these agreements shall be processed by the Irmo PoliceDepartment.
Michael G. Mahaney, City ManagerCity of North Myrtle Beach
Date
Joe Nates, ChiefIrmo Police Department
Date:
5
State of South Carolina
County of Horry
MUTUAL AID A¡ID LAW ENFORCEMENTSUPPORT AGREEMENT BETWEEN THECITY OF NORTH MYRTLE BEACH ANDTIIE LEXINGTON POLICE DEPARTMENT
)))
'Whereas, the Law Enforcement and Support Act (the Act), beginning at $ 23-20-10 et
seq. of the South Carolina Code of Laws, $ 23-20-30 provides " Any county,
incorporated municipality, or other political subdivision of this State may enter intomutual aid agreements for the proper and prudent exercise of public safety functions. Allagreements must adhere to the requiranents contained in $ 23-20-40"; and
'Whereas, ç 23-20-20(4) of the Act defines a Mutual Aid Agreement as "any agreement
entered into on behalf of a law enforcement agency in this State for the purpose ofproviding the proper and prudent exercise of public safety functions across jurisdictionallines, including, but not limited to, multijurisdictional task forces, criminal investigations,patrol services, crowd control, traffrc control and safety, and other emergency servicesituations. Such agreements must not be permitted for the sole purpose of speedenforcement"; and
Whereas, ç 23-20-20 also defines the following as:
(1) "Law enforcernent agency" means any state, county, municipal, or local lawenforcement authority that enters into an agreement for the procurement of lawenforcement support services.
(2) "Law enforcement provider" means any in-state or out-of-state law enforcementauthority that provides law enforcement services to a law enforcement agency pursuant tothis chapter.
(3) "Law enforcement services" means any law enforcement assistance or serviceperformed by a certified law enforcement off,rcer; an
'Whereas, ç 23-20-40 provides
(A)All mutual aid agreements for law enforcement services must be in writing andinclude, but may not be limited to, the following:
(1) a statement of specific services to be provided;(2) specif,rc language dealing with financial agreements between the parties;(3) specification of the records to be maintained concerning the performance of
services to be provided to the agency;(4) language dealing with the duration, modification, and termination of the
agreement;
1
(5) specif,tc language dealing with the legal contingencies for any lawsuits or thepayment of damages that arise from the provided services;
(6) a stipulation as to which law enforcement authority maintains control over thelaw enforcement provider' s personnel;
(7) specihc arrangements for the use of equipment and facilities; and(8) specific language dealing with the processing of requests for information
pursuant to the Freedom of Information Act for public safety functionsperformed or arising under these agreements.
(B) Except as provided in subsection (C), a mutual aid agreement entered into onbehalf of a law enforcement authority must be approved by the appropriategoverning bodies of each concerned county, incorporated municipality, or otherpolitical subdivision of this State. Agreements entered into are executed betweengoverning bodies, and, therefore, may last until the agreement is terminated by aparticipatin g p arty of the agreement.
(C) An elected official whose offrce was created by the Constitution or by general lawof this State is not required to seek approval from the elected official's governingbody in order to participate in mutual aid agreements.
NOW THEREFORE, PURSUANT TO THE CODE OF LAWS OF SOUTHCAROLINA, SECTION 23-20-10 ET SEQ, THE NORTH MYRTLE BEACHDEPARTMENT OF PUBLIC SAFETY (NMBDPS) AND THE LEXINGTONPOLICE DEPARTMENT (LPD), TIIE PARTIES AGREE AS FOLLOWS:
1. TEMPORARY TRANSF'ER OF' O CERS. SPECIFIC SERVICES TO BEPROVIDED, MODIFICATION AND TERMINATION OF AGREEMENT:
(a) LPD shall provide Officers on a temporary basis to provide law enforcementservices in the City of North Myrtle Beach, South Carolina during the Memorial DayBiker Event beginning on May 18,2017 through i|;4.ay 29,2017. The Agreement shall beeffective for the period beginning at 72:00 a.m. on May 18, 2077 , and ending at I 1 :59p.m. on 'll4ay 29,2017. However, the LPD shall not be required to begin providingassistance until May 25,2017 continuing through ll4.ay 29,2017 unless otherwiserequested by the City of North Myrtle Beach to commence providing services prior toll4ay 25,2017 dunng the above referenced effective period.
(b) The specific law enforcement services that the LPD shall provide include, but arenot limited to, patrol services, crowd control, and traffic control.
(c) This agreement shall terminate, as indicated in paragraph 1(a) on Monday, May29,2017 at 11:59 pm. This agreement shall not be modified unless both parties
2
consent, in writing, to a modification. The terms of the modification shall be inwriting and shall become apart of the original Agreement.
2. AUTHORITY
(a) The North Myrtle Beach City Council has approved this Agreement and hasauthorized the LPD to request the temporary transfer of law enforcement officers fromthe LPD to the extent of available personnel and equipment not required for the adequateprotection of the remainder of Town of Lexington. The Police Chief or commandingofficer of the LPD shall determine the amount of personnel and equipment available forlaw enforcement aid in North Myrtle Beach. The decision of the Police Chief or thecommanding officer of the LPD shall be final.
(b) The Town of Lexington authorizes the Police Chief of the LPD or his designee torender temporary law enforcement aid to the NMBDPS to the extent of availablepersonnel and equipment not required for adequate protection of the remainder of theTown of Lexington.
(c) Law enforcement officers from the LPD acting under this Agreement shall becommanded by superior authority from within the LPD to maintain the peace or performduties in the municipality of North Myrtle Beach, South Carolina. While in North MyrtleBeach, officers from the LPD shall be under the direction and authority of a designatedperson from the LPD. The designated person from the LPD with authority over theofficers from the LPD shall in turn be under the direction and authority of Director ofPublic Safety for the NMBDPS or the Director's designee. Officers from the LPDtransferred to perform law enforcement duties within the City of North Myrtle Beachshall have all powers and authority of a law enforcement officer employed by the City ofNorth Myrtle Beach. The bond for any officer transferred from the LPD shall includecoverage for his/her activity in the municipality of North Myrtle Beach in the samemarìner and to the same extent provided by bonds of offrcers employed by the NMBDPS.
3 COMPENSATION
The NMBDPS shall provide a thirty-five dollar ($35) per diem to each officer fromthe LPD transferred to the municipality of North Myrtle Beach pursuant to thisAgreement. In addition, the NMBDPS shall provide lodging for each officer from theLPD transferred to the municipality of North Myrtle Beach pursuant to this Agreement.The NMBDPS shall also reimburse the LPD the rate of salary or the hourly rate of wagesfor each officer transferred from the LPD. Such reimbursement for each officer shallinclude any overtime and any applicable state and federal taxes and SCPORScontributions. LPD shall submit an invoice to the NMBDPS within thirty (30) days fromMay 30, 2017 regarding reimbursement for officers transferred pursuant to thisAgreement. Reimbursement shall not include travel expenses.
Other than the compensation to be paid to the LPD as indicated above, the NMBDPSshall not be obligated to pay additional remuneration to the LPD however, in in the event
J
any extraordinary cost is incurred by the LPD in the rendering of law enforcementservices pursuant to this Agreement, the LPD may submit a request for compensation tooff-set any extraordinary cost. The NMBDPS shall not unreasonably withhold payment tothe LPD for any extraordinary costs incurred by the LPD while rendering lawenforcement services pursuant to this Agreement.
The temporary transfer of officers from the LPD to the NMBDPS pursuant to thisAgreement shall in no manner affect or reduce the compensation, pension, or retirementrights of transferred or assigned officers and such officers shall continue to be paid by theTown of Lexington where such ofhcers are permanently employed.
4. LIABILTY
(a) To the extent permitted by law, and without waiving sovereign immunity, eachagency shall be responsible for any and all claims, demands, suits, actions, damages andcauses of action related to or arising out of or in any way connected with its own actionsand the actions of its personnel in providing law enforcement services under thisagreement.
(b) The NMBDPS and the City of North Myrtle Beach shall not be responsible forreimbursing any amounts paid or due as benefits to ønployees of the LPD or the Town ofLexington under the terms of the South Carolina Workers' Compensation Act due topersonal injury or death occurring while such employees are engaged in rendering aidunder this Agreement. The NMBDPS and the Town of Lexington shall be responsible forpayment of compensation and benefits only to their respective employees.
(c) All individuals retain all compensation, pension, retirement and disability rightswhile performing duties in accordance with this agreement, and all officers shall continueto be paid by the entity where they are permanently employed as of the dates services arerendered.
(d) This Agreement shall not be construed as, or deemed to be, an agreement for thebenefit of any third party or parties. No third party or parties shall have any right ofaction under this agreement for any cause of action whatsoever.
5. EOUIPMENT AND FACILITIES
The LPD may utilize equipment from its own agency, if approved of the by Directorof Public Safety for the NMBDPS or his designee, in carrying out law enforcementservices pursuant to this Agreement.
6. RECORDS
In the event that it is necessary for any officer with the LPD to issue a uniform trafficticket, prepare an incident report, traffic accident report, and/or prepare any document(s)
4
necessary for the issuance of an arrest warrant, the originals of the above stateddocuments shall remain with and be maintained by the NMBDPS. In the event it isnecessary for an offrcer with the LPD to retum to the City of North Myrtle Beach to aidin the prosecution of any traffic citation issued or arrest warrant obtained by, or with theassistance of, any offrcer from the LPD while he/she was performing law enforcementservices pursuant to this Agreement, such ofÍicer shall reasonably cooperate with theNMBDPS to return to North Myrtle Beach for the purpose of providing testimony if thematter is to be disposed of via bench trial or jury trial. The NMBDPS shall pay for theoffrcer's mileage at the prevailing IRS mileage rate.
7. PROCESSING REOUESTS FOR INFORMATION PURSUANT TO THESOUTH CAROLINA FREEDOM OF INFORMATION ACT
Any requests for information submitted to the City of North Myrtle Beach and/or theNorth Myrtle Beach Department of Public Safety pursuant to the South CarolinaFreedom of Information Act (FOIA) regarding public safety functions performed orarising under these agreements shall be processed by the City of North Myrtle Beach.Any requests for information submitted to the Lexington Police Department pursuantto the South Carolina Freedom of Information Act (FOIA) regarding public safetyfunctions performed or arising under these agreements shall be processed by theLexington Police Department.
Michael G. Mahaney, City ManagerCity of North Myrtle Beach
Date:
Terrence Green, ChiefLexington Police Department
Date:
5
State of South Carolina
County of Horry
MUTUAL AID AND LAW ENFORCEMENTSUPPORT AGREEMENT BETWEEN TIIECITY OF NORTII MYRTLE BEACH ANDTHE LORIS POLICE DEPARTMENT
)))
Whereas, the Law Enforcement and Support Act (the Act), beginning at $ 23-20-10 etseq. of the South Carolina Code of Laws, $ 23-20-30 provides " Any county,incorporated municipality, or other political subdivision of this State may enter intomutual aid agreements for the proper and prudent exercise of public safety functions. Allagreements must adhere to the requirements contained in $ 23-20-40"; and
Whereas, 5 23-20-20(4) of the Act defines a Mutual Aid Agreement as "any agreemententered into on behalf of a law enforcement agency in this State for the purpose ofproviding the proper and prudent exercise of public safety functions across jurisdictionallines, including, but not limited to, multijurisdictional task forces, criminal investigations,patrol services, crowd control, traffic control and safety, and other emergency servicesituations. Such agteements must not be permitted for the sole purpose of speedenforcement"; and
Whereas, ç 23-20-20 also defines the following as:
(1) "Law enforcement agency" means any state, county, municipal, or local lawenforcement authority that enters into an agreement for the procurement of lawenforcement support services.
(2) "Law enforcement provider" means any in-state or out-of-state law enforcementauthority that provides law enforcement services to a law enforcement agency pursuant tothis chapter.
(3) "Law enforcement services" means any law enforcement assistance or serviceperformed by a certified law enforcement officer; and
Whereas, ç 23-20-40 provides
(A)All mutual aid agreements for law enforcement services must be in writing andinclude, but may not be limited to, the following:
(1) a statement of specific services to be provided;(2) specific language dealing with financial agreernents between the parties;(3) specification of the records to be maintained conceming the performance of
services to be provided to the agency;(4) langage dealing with the duration, modihcation, and termination of the
agreement;
I
(5) specific language dealing with the legal contingencies for any lawsuits or thepayment of damages that arise from the provided services;
(6) a stipulation as to which law enforcement authority maintains control over thelaw enforcement provider' s personnel;
(7) specific arrangements for the use of equipment and facilities; and(8) specific language dealing with the processing of requests for information
pursuant to the Freedom of Information Act for public safety functionsperformed or arising under these agreements.
(B) Except as provided in subsection (C), a mutual aid agreement entered into onbehalf of a law enforcement authority must be approved by the appropriategoverning bodies of each concemed county, incorporated municipality, or otherpolitical subdivision of this State. Agreements entered into are executed betweengoverning bodies, and, therefore, may last until the agreement is terminated by aparticipatin g party of the agreement.
(C) An elected official whose office was created by the Constitution or by general lawofthis State is not required to seek approval from the elected official's governingbody in order to participate in mutual aid agreements.
NOW THEREFORE, PURSUANT TO THE CODE OF LAWS OF SOUTHCAROLINA, SECTION 23-20-10 ET SEQ, THE NORTH MYRTLE BEACHDEPARTMENT OF PUBLIC SAFETY (NMBDPS) AND THE LORIS POLICEDEPARTMENT (LPD), TTIE PARTIES AGREE AS FOLLOWS:
1. TEMPORARY TRANSFER OF OFFICERS. SPECIFIC SERVICES TO BEPROVIDED. MODIFICATION AND TERMINATION OF AGREEMENT:
(a) LPD shall provide Officers on a temporary basis to provide law enforcementservices in the City of North Myrtle Beach, South Carolina during the MemorialDayBiker Event beginning on May 18,2017 through .l;4ay 29,2017. The Agreement shall beeffective for the period beginning at 12:00 a.m. on May 18, 2077 , and ending at 7l:59p.m. on l|day 29,2017 . However, the LPD shall not be required to begin providingassistance until May 25,2017 continuing through }/.ay 29,2017 unless otherwiserequested by the City of North Myrtle Beach to commence providing services prior tolday 25,2017 dunng the above referenced effective period.
(b) The specific law enforcement services that the LPD shall provide include, but are
not limited to, patrol services, crowd control, and traffic control.
(c) This agreement shall terminate, as indicated in paragraph 1(a) on Monday, May29,201,7 at 11:59 pm. This agreement shall not be modified unless both parties
2
consent, in writing, to a modification. The terms of the modification shall be inwriting and shall become apart of the original Agreement.
2. AUTHORITY
(a) The North Myrtle Beach City Council has approved this Agreement and hasauthorized the LPD to request the temporary transfer of law enforcement officers fromthe LPD to the extent of available personnel and equipment not required for the adequateprotection of the remainder of City of Loris. The Police Chief or commanding offrcer ofthe LPD shall determine the amount of personnel and equipment available for lawenforcement aid in North Myrtle Beach. The decision of the Police Chief or thecommanding officer of the LPD shall be final.
(b) The City of Loris authorizes the Chief of the LPD or his designee to rendertemporary law enforcement aid to the NMBDPS to the extent of available personnel andequipment not required for adequate protection of the remainder of the City of Loris.
(c) Law enforcement officers from the LPD acting under this Agreement shall becommanded by superior authority from within the LPD to maintain the peace or performduties in the municipality of North Myrtle Beach, South Carolina. While in North MyrtleBeach, offrcers from the LPD shall be under the direction and authority of a designatedperson from the LPD. The designated person from the LPD with authority over theofficers from the LPD shall in tum be under the direction and authority of Director ofPublic Safety for the NMBDPS or the Director's designee. Officers from the LPDtransferred to perform law enforcernent duties within the City of North Myrtle Beachshall have all powers and authority of a law enforcement officer employed by the City ofNorth Myrtle Beach. The bond for any officer transferred from the LPD shall includecoverage for his/her activity in the municipality of North Myrtle Beach in the samemanner and to the same extent provided by bonds of officers employed by the NMBDPS.
3 COMPENSATION
The NMBDPS shall provide a thirty-five dollar ($35) per diem to each officer fromthe LPD transferred to the municipality of North Myrtle Beach pursuant to thisAgreement. In addition, the NMBDPS shall provide lodging for each officer from theLPD transferred to the municipality of North Myrtle Beach pursuant to this Agreement.The NMBDPS shall also reimburse the LPD the rate of salary or the hourly rate of wagesfor each offìcer transferred from the LPD. Such reimbursement for each officer shallinclude any overtime and any applicable state and federal taxes and SCPORScontributions. LPD shall submit an invoice to the NMBDPS within thirty (30) days fromMay 30, 2017 regarding reimbursement for officers transferred pursuant to thisAgreement. Reimbursement shall not include travel expenses.
Other than the compensation to be paid to the LPD as indicated above, the NMBDPSshall not be obligated to pay additional remuneration to the LPD however, in in the eventany extraordinary cost is incurred by the LPD in the rendering of law enforcement
J
services pursuant to this Agreement, the LPD may submit a request for compensation tooff-set any extraordinary cost. The NMBDPS shall not unreasonably withhold payment tothe LPD for any extraordinary costs incurred by the LPD while rendering lawenforcement services pursuant to this Agreement.
The temporary transfer of officers from the LPD to the NMBDPS pursuant to thisAgreement shall in no manner affect or reduce the compensation, pension, or retirementrights of transferred or assigned officers and such officers shall continue to be paid by theCity of Loris where such officers are permanently employed.
4. LIABILTY
(a) To the extent permitted by law, and without waiving sovereign immunity, eachagency shall be responsible for any and all claims, demands, suits, actions, damages andcauses of action related to or arising out of or in any way connected with its own actionsand the actions of its personnel in providing law enforcement services under thisagreement.
(b) The NMBDPS and the City of North Myrtle Beach shall not be responsible forreimbursing any amounts paid or due as benefits to employees of the LPD or the City ofLoris under the terms of the South Carolina'Workers' Compensation Act due to personalinjury or death occurring while such employees are engaged in rendering aid under thisAgreement. The NMBDPS and the City of Loris shall be responsible for payment ofcompensation and benefits only to their respective employees.
(c) All individuals retain all compensation, pension, retirernent and disability rightswhile performing duties in accordance with this agreement, and all officers shall continueto be paid by the entity where they are permanently employed as of the dates services are
rendered.
(d) This Agreement shall not be construed as, or deemed to be, an agreement for thebenefit of any third party or parties. No third party or parties shall have any right ofaction under this agreement for any causo of action whatsoever.
5. EOUIPMENT AND FACILITIES
The LPD may utilize equipment from its own agency, if approved of the by Directorof Public Safety for the NMBDPS or his designee, in carrying out law enforcernentservices pursuant to this Agreement.
6. RECORDS
In the event that it is necessary for any officer with the LPD to issue a uniform trafficticket, prepare an incident report, traffic accident report, andlor prepare any document(s)necessary for the issuance of an arrest warrant, the originals of the above stateddocuments shall remain with and be maintained by the NMBDPS. In the event it is
4
necessary for an officer with the LPD to return to the City of North Myrtle Beach to aidin the prosecution of any traffic citation issued or arrest warrant obtained by, or with theassistance of any officer from the LPD while he/she was performing law enforcementservices pursuant to this Agreement, such officer shall reasonably cooperate with theNMBDPS to return to North Myrtle Beach for the purpose of providing testimony if thematter is to be disposed of via bench trial or jury trial. The NMBDPS shall pay for theofficer's mileage at the prevailing IRS mileage rate.
7. PROCESSING REOUESTS FOR INFORMATION PURSUANT TO THESOUTH CAROLINA FREEDOM OF INFORMATION ACT
Any requests for information submitted to the City of North Myrtle Beach and/or theNorth Myrtle Beach Department of Public Safety pursuant to the South CarolinaFreedom of Information Act (FOIA) regarding public safety functions performed orarising under these agreements shall be processed by the City of North Myrtle Beach.Any requests for information submitted to the Loris Police Department pursuant tothe South Carolina Freedom of Information Act (FOIA) regarding public safetyfunctions performed or arising under these agreements shall be processed by the LorisPolice Department.
Michael G. Mahaney,City ManagerCity of North Myrtle Beach
Date
Karen Shepard, ChiefLoris Police Department
Date:
5
State of South Carolina
City of Horry
MUTUAL AID AND LA\ry ENFORCEMENTSUPPORT AGREEMENT BETWEEN THECITY OF NORTH MYRTLE BEACH ANDTHE MOUNT PLEASANT POLICEDEPARTMENT
)))
'Whereas, the Law Enforcement and Support Act (the Act), beginning at $ 23-20-10 etseq. of the South Carolina Code of Laws, $ 23-20-30 provides " Any City, incorporatedmunicipality, or other political subdivision of this State may enter into mutual aidagreements for the proper and prudent exercise of public safety functions. Al1 agreernentsmust adhere to the requirements contained in $ 23-20-40"; and
W'hereas, ç 23-20-20(4) of the Act defines a Mutual Aid Agreement as "any agreemententered into on behalf of a law enforcement agency in this State for the purpose ofproviding the proper and prudent exercise of public safety functions across jurisdictionallines, including, but not limited to, multijurisdictional task forces, criminal investigations,patrol services, crowd control, traffic control and safety, and other emergency servicesituations. Such agreements must not be permitted for the sole purpose of speedenforcement"; and
Whereas, ç 23-20-20 also defines the following as
(1) "Law enforcement agency" means any state, City, municipal, or local lawenforcement authority that enters into an agreement for the procurement of lawenforcement support services.
(2) "Law enforcement provider" means any in-state or out-oÊstate law enforcementauthority that provides law enforcement services to a law enforcement agency pursuant tothis chapter.
(3) "Law enforcement services" means any law enforcement assistance or serviceperformed by a certified law enforcement officer; and
'Whereas, ç 23-20-40 provides
(A)All mutual aid agreements for law enforcement services must be in writing andinclude, but may not be limited to, the following:
(1) a statement of specific services to be provided;(2) specific language dealing with financial agreements between the parties;(3) specification of the records to be maintained concerning the performance of
services to be provided to the agency;(4) language dealing with the duration, modification, and termination of the
agreement;
1
(5) specific language dealing with the legal contingencies for any lawsuits or thepayment of damages that arise from the provided services;
(6) a stipulation as to which law enforcement authority maintains control over thelaw enforcement provider' s personnel;
(7) specific arrangements for the use of equipment and facilities; and(8) specific language dealing with the processing of requests for information
pursuant to the Freedom of Information Act for public safety functionsperformed or arising under these agreements.
(B) Except as provided in subsection (C), a mutual aid agreement entered into onbehalf of a law enforcement authority must be approved by the appropriategoveming bodies of each concemed City, incorporated municipality, or otherpolitical subdivision of this State. Agreements entered into are executed betweengoverning bodies, and, therefore, may last until the agreement is terminated by aparticipatin g party of the agreement.
(C) An elected official whose office was created by the Constitution or by general lawof this State is not required to seek approval from the elected official's governingbody in order to participate in mutual aid agreements.
NOW THEREFORE, PURSUANT TO THE CODE OF LAWS OF SOUTTICAROLINA, SECTTON 23-20-10 ET SEQ, THE NORTH MYRTLE BEACHDEPARTMENT OF PUBLIC SAFETY (NMBDPS) AND THE MOUNTPLEASANT POLICE DEPARTMENT (MPPD), THE PARTIES AGREE ASFOLLOWS:
1. TEMPORARY TRANSFER OF OFFICERS. SPECIFIC SERVICES TO BEPROVIDED, MODIFICATION AND TERMINATION OF AGREEMENT:
(a) MPPD shall provide Offrcers on a temporary basis to provide law enforcementservices in the City of North Myrtle Beach, South Carolina during the MemorialDayBiker Event beginning on May 18,2077 through l|i4ay 29,2017. The Agreement shall beeffective for the period beginning at 12:00 a.m. on May 18, 2017, and ending at ll:59p.m. on I[i4ay 29,2017. However, the MPPD shall not be required to begin providingassistance until May 25,2017 continuing through .ll4ay 29,2017 unless otherwiserequested by the City of North Myrtle Beach to commence providing services prior tol;4ay 25,2017 dunng the above referenced effective period.
(b) The specific law enforcement services that the MPPD shall provide include, butare not limited to, patrol services, crowd control, and traffrc control.
(c) This agreement shall terminate, as indicated inparagraph 1(a) on Monday, May29,2017 at lI:59 pm. This agreement shall not be modified unless both parties
2
consent, in writing, to a modification. The terms of the modification shall be inwriting and shall become apart of the original Agreement.
2. AUTHORITY
(a) The North Myrtle Beach City Council has approved this Agreement and has
authorized the MPPD to request the temporary transfer of law enforcement officers fromthe MPPD to the extent of available personnel and equipment not required for theadequate protection of the remainder of Town of Mount Pleasant. The Police Chief orcommanding officer of the MPPD shall determine the amount of personnel andequipment available for law enforcement aid in North Myrtle Beach. The decision of thePolice Chief or the commanding officer of the MPPD shall be final.
(b) The Town of Mount Pleasant authorizes the Chief of the MPPD or his designee torender temporary law enforcement aid to the NMBDPS to the extent of availablepersonnel and equipment not required for adequate protection of the remainder of theTown of Mount Pleasant.
(c) Law enforcement officers from the MPPD acting under this Agreement shall becommanded by superior authority from within the MPPD to maintain the peace orperform duties in the municipality of North Myrtle Beach, South Carolina. While inNorth Myrtle Beach, officers from the MPPD shall be under the direction and authorityof a designated person from the MPPD. The designated person from the MPPD withauthority over the officers from the MPPD shall in turn be under the direction andauthority of Director of Public Safety for the NMBDPS or the Director's designee-Officers from the MPPD transferred to perform law enforcement duties within the City ofNorth Myrtle Beach shall have all powers and authority of a law enforcement offrceremployed by the City of North Myrtle Beach. The bond for any officer transferred fromthe MPPD shall include coverage for his/her activity in the municipality of North MyrtleBeach in the same manner and to the same extent provided by bonds of officersemployed by the NMBDPS.
3 COMPENSATION
The NMBDPS shall provide a thirty-five dollar ($35) per diem to each officer fromthe MPPD transferred to the municipality of North Myrtle Beach pursuant to thisAgreement. In addition, the NMBDPS shall provide lodging for each officer from theMPPD transferred to the municipality of North Myrtle Beach pursuant to this Agreement.The NMBDPS shall also reimburse the MPPD the rate of salary or the hourly rate ofwages for each officer transferred from the MPPD. Such reimbursement for each officershall include any overtime and any applicable state and federal taxes and SCPORScontributions. MPPD shall submit an invoice to the NMBDPS within thirty (30) daysfrom May 30,2017 regarding reimbursement for officers transferred pursuant to thisAgteement. Reimbursement shall not include travel expenses.
J
Other than the compensation to be paid to the MPPD as indicated above, theNMBDPS shall not be obligated to pay additional remuneration to the MPPD however, inin the event any extraordinary cost is incurred by the MPPD in the rendering of lawenforcement services pursuant to this Agreement, the MPPD may submit a request forcompensation to off-set any extraordinary cost. The NMBDPS shall not unreasonablywithhold paynrent to the MPPD for any extraordinary costs incurred by the MPPD whilerendering law enforcement services pursuant to this Agreement.
The temporary transfer of officers from the MPPD to the NMBDPS pursuant to thisAgreernent shall in no manner affect or reduce the compensation, pension, or retirernentrights of transferred or assigned officers and such officers shall continue to be paid by theTown of Mount Pleasant where such officers are permanently employed.
4. LIABILTY
(a) To the extent permitted by law, and without waiving sovereign immunity, eachagency shall be responsible for any and all claims, demands, suits, actions, damages andcauses of action related to or arising out of or in any way connected with its own actionsand the actions of its personnel in providing law enforcement services under thisagreement.
(b) The NMBDPS and the City of North Myrtle Beach shall not be responsible forreimbursing any amounts paid or due as benefits to employees of the MPPD or the Townof Mount Pleasant under the terms of the South Carolina Workers' Compensation Actdue to personal injury or death occurring while such employees are engaged in renderingaid under this Agreement. The NMBDPS and the Town of Mount Pleasant shall beresponsible for payment of compensation and benefits only to their respective employees.
(c) All individuals retain all compensation, pension, retirement and disability rightswhile performing duties in accordance with this agreement, and all officers shall continueto be paid by the entity where they are permanently employed as of the dates services are
rendered.
(d) This Agreement shall not be construed as, or deemed to be, an agreement for thebenefit of any third party or parties. No third party or parties shall have any right ofaction under this agreement for any cause of action whatsoever.
5. EOUIPMENT AND FACILITIESThe MPPD may utilize equipment from its own agency, if approved of the by
Director of Public Safety for the NMBDPS or his designee, in carrying out lawenforcement services pursuant to this Agreernent.
4
6. RECORDS
In the event that it is necessary for any officer with the MPPD to issue a uniformtraffic ticket, prepare an incident report, traffic accident report, and/or prepare anydocument(s) necessary for the issuance of an arrest warrant, the originals of the abovestated documents shall remain with and be maintained by the NMBDPS. In the event it isnecessary for an officer with the MPPD to retum to the City of North Myrtle Beach to aidin the prosecution of any traffrc citation issued or arrest warrant obtained by, or with theassistance of, any offrcer from the MPPD while he/she was performing law enforcementservices pursuant to this Agreement, such officer shall reasonably cooperate with theNMBDPS to retum to North Myrtle Beach for the purpose of providing testimony if thematter is to be disposed of via bench trial or jury trial. The NMBDPS shall pay for theofficer's mileage at the prevailing IRS mileage rate.
7. PROCESSING REOUESTS FOR RMATION PTIRSIIANT TO THESOUTH CAROLINA FREEDOM OF INFORNIATION ACT
Any requests for information submitted to the City of North Myrtle Beach and/or theNorth Myrtle Beach Department of Public Safety pursuant to the South CarolinaFreedom of Information Act (FOIA) regarding public safety functions performed orarising under these agreements shall be processed by the City of North Myrtle Beach.Any requests for information submitted to the Mount Pleasant Police Departmentpursuant to the South Carolina Freedom of Information Act (FOIA) regarding publicsafety functions performed or arising under these agreements shall be processed bythe Mount Pleasant Police Department
Michael G. Mahaney, City ManagerCity of North Myrtle Beach
Date
Carl Ritchie, ChiefMount Pleasant Police Department
Date:
5
State of South Carolina
County of Horry
MUTUAL AID AND LAW ENFORCEMENTSUPPORT AGREEMENT BETWEEN THECITY OF NORTH MYRTLE BEACII ANDTHE NORTH CHARLESTON POLICEDEPARTMENT
)))
Whereas, the Law Enforcement and Support Act (the Act), beginning at $ 23-20-10 etseq. of the South Carolina Code of Laws, $ 23-20-30 provides " Any county,incorporated municipality, or other political subdivision of this State may enter intomutual aid agreements for the proper and prudent exercise of public safety functions. Allagreements must adhere to the requiranents contained in $ 23-20-40"; and
Whereas, ç 23-20-20(4) of the Act defines a Mutual Aid Agreement as "any agreemententered into on behalf of a law enforcement agency in this State for the purpose ofproviding the proper and prudent exercise of public safety functions across jurisdictionallines, including, but not limited to, multijurisdictional task forces, criminal investigations,patrol services, crowd control, traffic control and safety, and other emergency servicesituations. Such agreements must not be permitted for the sole purpose of speedenforcement"; and
Whereas, ç 23-20-20 also defines the following as:
(1) "Law enforcement agency" means any state, county, municipal, or local lawenforcement authority that enters into an agreement for the procurement of lawenforcement support services.
(2) "Law enforcement provider" means any in-state or out-of-state law enforcementauthority that provides law enforcement services to a law enforcement agency pursuant tothis chapter.
(3) "Law enforcement services" means any law enforcement assistance or serviceperformed by a cerlified law enforcement officer; an
'Whereas, S 23-20-40 provides
(A)All mutual aid agreements for law enforcement services must be in writing andinclude, but may not be limited to, the following:
(1) a statement of specific services to be provided;(2) specific language dealing with financial agreements between the parties;(3) specif,rcation of the records to be maintained conceming the performance of
services to be provided to the agency;(4) language dealing with the duration, modification, and termination of the
agreement;
1
(5) specific language dealing with the legal contingencies for any lawsuits or thepayment of damages that arise from the provided services;
(6) a stipulation as to which law enforcement authority maintains control over thelaw enforcement provider' s personnel;
(7) specific arangements for the use of equipment and facilities; and(8) specific language dealing with the processing of requests for information
pursuant to the Freedom of Information Act for public safety functionsperformed or arising under these agreements.
(B) Except as provided in subsection (C), a mutual aid agreement entered into onbehalf of a law enforcement authority must be approved by the appropriategoverning bodies of each concerned county, incorporated municipality, or otherpolitical subdivision of this State. Agreements entered into are executed betweengoverning bodies, and, therefore, may last until the agreement is terminated by aparticipatin g party of the agreement.
(C) An elected official whose office was created by the Constitution or by general lawof this State is not required to seek approval from the elected official's governingbody in order to participate in mutual aid agreements.
NOW THEREFORE, PURSUANT TO THE CODE OF LAWS OF SOUTHCAROLINA, SECTION 23-20-10 ET SEQ, THE NORTH MYRTLE BEACHDEPARTMENT OF PUBLIC SAFETY (NMBDPS) AND THE NORTHCHARLESTON POLICE DEPARTMENT (NCPD), THE PARTIES AGREE ASFOLLOWS:
1. TEMPORARY TRANSFER OF OFFICERS. SPECIFIC SERVICES TO BEPROVIDED, MODIFICATION AND TERMINATION OF AGREEMENT:
(a) NCPD shall provide Officers on a temporary basis to provide law enforcementservices in the City of North Myrtle Beach, South Carolina during the MemorialDayBiker Event beginning on May 1 8, 20 1 7 through May 29 , 2017 . The Agreement shall beeffective for the period beginning at 12:00 a.m. on May 1 8,2017 , and ending at 1 1 :59p.m. on i|l4ay 29,2017. However, the NCPD shall not be required to begin providingassistance until May 25,2017 continuing through l|;4.ay 29,2017 unless otherwiserequested by the City of North Myrtle Beach to commence providing services prior to}i4ay 25,2017 dunng the above referenced effective period.
(b) The specific law enforcement services that the NCPD shall provide include, butare not limited to, patrol services, crowd control, and traffic control.
(c) This agreement shall terminate, as indicated in paragraph 1(a) on Monday, May29,2017 at 7I:59 pm. This agreement shall not be modified unless both parties
2
consent, in writing, to a modification. The terms of the modification shall be inwriting and shall become apart of the original Agreement.
2. AUTHORITY
(a) The North Myrtle Beach City Council has approved this Agreernent and has
authorized the NCPD to request the temporary transfer of law enforcement officers fromthe NCPD to the extent of available personnel and equipment not required for theadequate protection of the remainder of City of North Charleston. The Police Chief orcommanding officer of the NCPD shall determine the amount of personnel andequipment available for law enforcement aid in North Myrtle Beach. The decision of thePolice Chief or the commanding officer of the NCPD shall be final.
(b) The City of North Charleston authorizes the Chief of the NCPD or his designee torender temporary law enforcement aid to the NMBDPS to the extent of availablepersonnel and equipment not required for adequate protection of the remainder of theCity of North Charleston.
(c) Law enforcement officers from the NCPD acting under this Agreement shall becommanded by superior authority from within the NCPD to maintain the peace orperform duties in the municipality of North Myrtle Beach, South Carolina. While inNorth Myrtle Beach, officers from the NCPD shall be under the direction and authority ofa designated person from the NCPD. The designated person from the NCPD withauthority over the officers from the NCPD shall in turn be under the direction andauthority of Director of Public Safety for the NMBDPS or the Director's designee.Officers from the NCPD transferred to perform law enforcement duties within the City ofNorth Myrtle Beach shall have all powers and authority of a law enforcement officeremployed by the City of North Myrtle Beach. The bond for any officer transferred fromthe NCPD shall include coverage for his/her activity in the municipality of North MyrtleBeach in the same manner and to the same extent provided by bonds of officersemployed by the NMBDPS.
3 COMPENSATION
The NMBDPS shall provide a thirty-five dollar ($35) per diem to each officer fromthe NCPD transferred to the municipality of North Myrtle Beach pursuant to thisAgreement. In addition, the NMBDPS shall provide lodging for each offtcer from theNCPD transferred to the municipality of North Myrtle Beach pursuant to this Agreanent.The NMBDPS shall also reimburse the NCPD the rate of salary or the hourly rate ofwages for each officer transferred from the NCPD. Such reimbursernent for each officershall include any overtime and any applicable state and federal taxes and SCPORScontributions. NCPD shall submit an invoice to the NMBDPS within thirty (30) daysfrom May 30,2017 regarding reimbursement for officers transferred pursuant to thisAgreement. Reimbursement shall not include travel expenses.
J
Other than the compensation to be paid to the NCPD as indicated above, theNMBDPS shall not be obligated to pay additional remuneration to the NCPD however, inin the event any extraordinary cost is incurred by the NCPD in the rendering of lawenforcement services pursuant to this Agreement, the NCPD may submit a request forcompensation to off-set any extraordinary cost. The NMBDPS shall not unreasonablywithhold payment to the NCPD for any extraordinary costs incurred by the NCPD whilerendering law enforcement services pursuant to this Agreement.
The temporary transfer of officers from the NCPD to the NMBDPS pursuant to thisAgreernent shall in no manner affect or reduce the compensation, pension, or retirernentrights of transferred or assigned officers and such officers shall continue to be paid by theCity of North Charleston where such offrcers are perrnanently employed.
4. LIABILTY
(a) To the extent permitted by law, and without waiving sovereign immunity, eachagency shall be responsible for any and all claims, demands, suits, actions, damages andcauses of action related to or arising out of or in any way connected with its own actionsand the actions of its personnel in providing law enforcement services under thisagteement.
(b) The NMBDPS and the City of North Myrtle Beach shall not be responsible forreimbursing any amounts paid or due as benefits to employees of the NCPD or the Cityof North Charleston under the terms of the South Carolina Workers' Compensation Actdue to personal injury or death occurring while such employees are engaged in renderingaid under this Agreement. The NMBDPS and the City of North Charleston shall beresponsible for payment of compensation and benefits only to their respective employees.
(c) All individuals retain all compensation, pension, retirement and disability rightswhile performing duties in accordance with this agreement, and all officers shall continueto be paid by the entity where they are permanently employed as of the dates services arerendered.
(d) This Agreement shall not be construed as, or deemed to be, an agreement for thebenefit of any third party or parties. No third party or parties shall have any right ofaction under this agreement for any cause of action whatsoever.
5. EOUIPMENT AND FACILITIESThe NCPD may utilize equipment from its own agency, if approved of the by
Director of Public Safety for the NMBDPS or his designee, in carrying out lawenforcement services pursuant to this Agreement.
4
6. RECORDS
In the event that it is necessary for any officer with the NCPD to issue a uniformtraffic ticket, prepare an incident report, traffic accident report, and/or prepare anydocument(s) necessary for the issuance of an arrest warrant, the originals of the abovestated documents shall remain with and be maintained by the NMBDPS. In the event it isnecessary for an officer with the NCPD to return to the City of North Myrtle Beach to aidin the prosecution of any traffrc citation issued or arrest warrant obtained by, or with theassistance of, any officer from the NCPD while he/she was performing law enforcementservices pursuant to this Agreement, such offrcer shall reasonably cooperate with theNMBDPS to return to North Myrtle Beach for the purpose of providing testimony if thematter is to be disposed of via bench trial or jury trial. The NMBDPS shall pay for theofficer's mileage at the prevailing IRS mileage rate.
7. PROCESSING REOUESTS FOR INFORNIATION PURSUANT TO THESOUTH CAROLINA FREEDOM OF INFORMATION ACT
Any requests for information submitted to the City of North Myrtle Beach andlor theNorth Myrtle Beach Department of Public Safety pursuant to the South CarolinaFreedom of Information Act (FOIA) regarding public safety functions performed orarising under these agreements shall be processed by the City of North Myrtle Beach.Any requests for information submitted to the North Charleston Police Departmentpursuant to the South Carolina Freedom of Information Act (FOIA) regarding publicsafety functions performed or arising under these agreements shall be processed bythe North Charleston Police Department
Michael G. Mahaney, City ManagerCity of North Myrtle Beach
Date
Eddie Driggers, ChiefNorth Charleston Police Department
Date:
5
State of South Carolina
County of Horry
MUTUAL AID AND LAW ENFORCEMENTSUPPORT AGREEMENT BETWEEN THECITY OF NORTH MYRTLE BEACH ANDTHE ROCK HILL POLICE DEPARTMENT
)))
Whereas, the Law Enforcement and Support Act (the Act), beginning at $ 23-20-10 etseq. of the South Carolina Code of Laws, $ 23-20-30 provides " Any county,incorporated municipality, or other political subdivision of this State may enter intomutual aid agreements for the proper and prudent exercise of public safety functions. Allagreements must adhere to the requirements contained in $ 23-20-40"; and
Whereas, ç 23-20-20(4) of the Act defines a Mutual Aid Agreement as "any agreemententered into on behalf of a law enforcement agency in this State for the purpose ofproviding the proper and prudent exercise of public safety functions across jurisdictionallines, including, but not limited to, multijurisdictional task forces, criminal investigations,patrol services, crowd control, traffic control and safety, and other emergency servicesituations. Such agreements must not be permitted for the sole purpose of speedenforcement"; and
Whereas, ç 23-20-20 also defines the following as:
(1) "Law enforcement agency" means any state, county, municipal, or local lawenforcement authority that enters into an agreement for the procurement of lawenforcement support services.
(2) "Law enforcement provider" means any in-state or out-oÊstate law enforcementauthority that provides law enforcement services to a law enforcement agency pursuant tothis chapter.
(3) "Law enforcement services" means any law enforcement assistance or serviceperformed by a certified law enforcement officer; an
Whereas, ç 23-20-40 provides
(A)All mutual aid agreements for law enforcement services must be in writing andinclude, but may not be limited to, the following:
(1) a staternent of specihc services to be provided;(2) specific language dealing with financial agreements between the parties;(3) specification of the records to be maintained concerning the performance of
services to be provided to the agency;(4) language dealing with the duration, modification, and termination of the
agreement;
1
(5) specific language dealing with the legal contingencies for any lawsuits or thepayment of damages that arise from the provided services;
(6) a stipulation as to which law enforcement authority maintains control over thelaw enforcement provider' s personnel ;
(7) specific affangements for the use of equipment and facilities; and(8) specific language dealing with the processing of requests for information
pursuant to the Freedom of Information Act for public safety functionsperformed or arising under these agreements.
(B) Except as provided in subsection (C), a mutual aid agreement entered into onbehalf of a law enforcement authority must be approved by the appropriategoveming bodies of each concemed county, incorporated municipality, or otherpolitical subdivision of this State. Agreements entered into are executed betweengoverning bodies, and, therefore, may last until the agreement is terminated by aparticipatin g p arty of the agreement.
(C) An elected official whose ofFrce was created by the Constitution or by general lawof this State is not required to seek approval from the elected official's governingbody in order to participate in mutual aid agreements.
NOW THEREFORE, PURSUANT TO THE CODE OF LAWS OF SOUTHCAROLINA, SECTION 23-20-10 ET SEQ, THE NORTH MYRTLE BEACHDEPARTMENT OF PUBLIC SAFETY (NMBDPS) AND THE RHPD (RHPD),THE PARTIES AGREE AS FOLLOWS:
1. TEMPORARY TRANSFER OF OFFICERS. SPECIFIC SERVICES TO BEPROVIDED. MODIFICATION AND TERMINATION OF AGREEMENT:
(a) RHPD shall provide Officers on a temporary basis to provide law enforcementservices in the City of North Myrtle Beach, South Carolina during the Memorial DayBiker Event beginning on May 18,2017 through l|i4ay 29,2017. The Agreement shall beeffective for the period beginning at 12:00 a.m. on May I 8,2077, and ending at 1 1:59p.m. on ll4ay 29,2017. However, the RHPD shall not be required to begin providingassistance until May 25,2017 continuing through May 29,2017 unless otherwiserequested by the City of North Myrtle Beach to commence providing services prior tol;4ay 25,2017 dunng the above referenced effective period.
(b) The specific law enforcement services that the RHPD shall provide include, butare not limited to, patrol services, crowd control, and traffic control.
(c) This agreement shall terminate, as indicated in paragraph 1(a) on Monday, May29,2017 at 11:59 pm. This agreement shall not be modified unless both parties
2
consent, in writing, to a modification. The terms of the modification shall be inwriting and shall become apart of the original Agreement.
2. AUTHORITY
(a) The North Myrtle Beach City Council has approved this Agreement and hasauthorized the RHPD to request the ternporary transfer of law enforcsment ofhcers fromthe RHPD to the extent of available personnel and equipment not required for theadequate protection of the remainder of City of Rock Hill. The Police Chief orcommanding officer of the RHPD shall determine the amount of personnel andequipment available for law enforcement aid in North Myrtle Beach. The decision of thePolice Chief or the commanding officer of the RHPD shall be final.
(b) The City of Rock Hill authorizes the Police Chief of the RHPD or his designee torender temporary law enforcement aid to the NMBDPS to the extent of availablepersonnel and equipment not required for adequate protection of the remainder of theCity of Rock Hill.
(c) Law enforcement officers from the RHPD acting under this Agreement shall becommanded by superior authority from within the RHPD to maintain the peace orperform duties in the municipality of North Myrtle Beach, South Carolina. While inNorth Myrtle Beach, officers from the RHPD shall be under the direction and authority ofa designated person from the RHPD. The designated person from the RHPD withauthority over the officers from the RHPD shall in turn be under the direction andauthority of Director of Public Safety for the NMBDPS or the Director's designee.Officers from the RHPD transferred to perform law enforcement duties within the City ofNorth Myrtle Beach shall have all powers and authority of a law enforcement officeremployed by the City of North Myrtle Beach. The bond for any officer transferred fromthe RHPD shall include coverage for his/her activity in the municipality of North MyrtleBeach in the same manner and to the same extent provided by bonds of offrcersemployed by the NMBDPS.
3 COMPENSATION
The NMBDPS shall provide a thirty-five dollar ($35) per diem to each officer fromthe RHPD transferred to the municipality of North Myrtle Beach pursuant to thisAgreement. In addition, the NMBDPS shall provide lodging for each offrcer from theRHPD transferred to the municipality of North Myrtle Beach pursuant to this Agreement.The NMBDPS shall also reimburse the RHPD the rate of salary or the hourly rate ofwages for each officer transferred from the RHPD. Such reimbursement for each officershall include any overtime and any applicable state and federal taxes and SCPORScontributions. RHPD shall submit an invoice to the NMBDPS within thirty (30) daysfrom May 30,2017 regarding reimbursement for ofhcers transferred pursuant to thisAgreement. Reimbursement shall not include travel expenses.
J
Other than the compensation to be paid to the RHPD as indicated above, theNMBDPS shall not be obligated to pay additional remuneration to the RHPD however, inin the event any extraordinary cost is incurred by the RHPD in the rendering of lawenforcement services pursuant to this Agreement, the RHPD may submit a request forcompensation to off-set any extraordinary cost. The NMBDPS shall not unreasonablywithhold payment to the RHPD for any extraordinary costs incurred by the RHPD whilerendering law enforcement services pursuant to this Agreement.
The temporary transfer of officers from the RHPD to the NMBDPS pursuant to thisAgreement shall in no manner affect or reduce the compensation, pension, or retirementrights of transferred or assigned officers and such officers shall continue to be paid by theCity of Rock Hill where such officers are permanently employed.
4. LIABILTY
(a) To the extent permitted by law, and without waiving sovereign immunity, eachagency shall be responsible for any and all claims, demands, suits, actions, damages andcauses of action related to or arising out of or in any way connected with its own actionsand the actions of its personnel in providing law enforcement services under thisagreement.
(b) The NMBDPS and the City of North Myrtle Beach shall not be responsible forreimbursing aîy amounts paid or due as benefits to employees of the RHPD or the Cityof Rock Hill under the terms of the South Carolina Workers' Compensation Act due topersonal injury or death occurring while such employees are engaged in rendering aidunder this Agreement. The NMBDPS and the City of Rock Hill shall be responsible forpayment of compensation and benefits only to their respective employees.
(c) All individuals retain all compensation, pension, retirement and disability rightswhile performing duties in accordance with this agreement, and all officers shall continueto be paid by the entity where they are permanently employed as of the dates services are
rendered.
(d) This Agreement shall not be construed as, or deemed to be, an agreement for thebenef,rt of any third party or parties. No third party or parties shall have any right ofaction under this agreement for any cause of action whatsoever.
5. EOUIPMENT AND FACILITIES
The RHPD may utilize equipment from its own agency, if approved of the byDirector of Public Safety for the NMBDPS or his designee, in carrying out lawenforcement services pursuant to this Agreement.
4
6. RECORDS
In the event that it is necessary for any officer with the RHPD to issue a uniformtraffic ticket, prepare an incident report, traffic accident report, and/or prepare anydocument(s) necessary for the issuance of an arrest warrant, the originals of the abovestated documents shall remain with and be maintained by the NMBDPS. tn the event it isnecessary for an officer with the RHPD to return to the City of North Myrtle Beach to aidin the prosecution of any traffic citation issued or arrest warrant obtained by, or with theassistance of any officer from the RHPD while he/she was performing law enforcementservices pursuant to this Agreement, such officer shall reasonably cooperate with theNMBDPS to return to North Myrtle Beach for the purpose of providing testimony if thematter is to be disposed of via bench trial or jury trial. The NMBDPS shall pay for theofficer's mileage at the prevailing IRS mileage rate.
7. PROCESSING REOUESTS FOR INFORMATION PURSUANT TO THESOUTH CAROLINA FREEDOM OF INFORMATION ACT
Any requests for information submitted to the City of North Myrtle Beach and/or theNorth Myrtle Beach Department of Public Safety pursuant to the South CarolinaFreedom of Information Act (FOIA) regarding public safety functions performed orarising under these agreements shall be processed by the City of North Myrtle Beach.Any requests for information submitted to the Rock Hill Police Qepartment pursuantto the South Carolina Freedom of Information Act (FOIA) regarding public safetyfunctions performed or arising under these agreements shall be processed by the RockHill Police Department
Michael G. Mahaney, City ManagerCity of North Myrtle Beach
Date:
Chris Watts, ChiefRock Hill Police Dept.
Date:
5
State of South Carolina
Counfy of Horry
MUTUAL AID A¡ID LA\ry ENFORCEMENTSUPPORT AGREEMENT BETWEEN THECITY OF NORTH MYRTLE BEACH ANDTHE SPARTAìIBURG POLICEDEPARTMENT
)))
Whereas, the Law Enforcement and Support Act (the Act), beginning at $ 23-20-10 etseq. of the South Carolina Code of Laws, $ 23-20-30 provides " Any county,incorporated municipality, or other political subdivision of this State may enter intomutual aid agreements for the proper and prudent exercise of public safety functions. Allagreements must adhere to the requirements contained in $ 23-20-40"; and
Whereas, ç 23-20-20(4) of the Act defines a Mutual Aid Agreement as "any agreemententered into on behalf of a law enforcement agency in this State for the purpose ofproviding the proper and prudent exercise of public safety functions across jurisdictionallines, including, but not limited to, multijurisdictional task forces, criminal investigations,patrol services, crowd control, traffic control and safety, and other emergency servicesituations. Such agreements must not be permitted for the sole purpose of speedenforcement"; and
Whereas, ç 23-20-20 also defines the following as
(1) "Law enforcement agency" means any state, county, municipal, or local lawenforcement authority that enters into an agreement for the procurement of lawenforcement support services.
(2) "Law enforcement provider" means any in-state or out-oÊstate law enforcernentauthority that provides law enforcement services to a law enforcement agency pursuant tothis chapter.
(3) "Law enforcement services" means any law enforcement assistance or serviceperformed by a certified law enforcement officer; and
Whereas, ç 23-20-40 provides
(A)All mutual aid agreements for law enforcement services must be in writing andinclude, but may not be limited to, the following:
(1) a statement of specific services to be provided;(2) specific language dealing with financial agreements between the parties;(3) specifrcation of the records to be maintained concerning the performance of
services to be provided to the agency;(4) language dealing with the duration, modification, and termination of the
agreement;
I
(5) specific language dealing with the legal contingencies for any lawsuits or thepa5rment of damages that arise from the provided services;
(6) a stipulation as to which law enforcement authority maintains control over thelaw enforcement provider' s personnel;
(7) specific arrangements for the use of equipment and facilities; and(8) specific language dealing with the processing of requests for information
pursuant to the Freedom of Information Act for public safety functionsperformed or arising under these agreements.
(B) Except as provided in subsection (C), a mutual aid agreement entered into onbehalf of a law enforcement authority must be approved by the appropriategoverning bodies of each concemed county, incorporated municipality, or otherpolitical subdivision of this State. Agreements entered into are executed betweengoverning bodies, and, therefore, may last until the agreement is terminated by aparticipatin g party of the agreement.
(C) An elected official whose office was created by the Constitution or by general lawof this State is not required to seek approval from the elected official's governingbody in order to participate in mutual aid agreements.
NOW THEREFORE, PURSUANT TO THE CODE OF LAWS OF SOUTTTCAROLINA, SECTTON 23-20-10 ET SEQ, THE NORTH MYRTLE BEACHDEPARTMENT OF PUBLIC SAFETY (NMBDPS) AND THE SPD (SPD), THEPARTIES AGREE AS FOLLOWS:
1. TEMPORARY TRANSFER OF OFFICERS, SPECIFIC SERVICES TO BEPROVIDED. MODIFICATION AND TERMINATION OF AGREEMENT:
(a) SPD shall provide Officers on a temporary basis to provide law enforcementservices in the City of North Myrtle Beach, South Carolina during the Memorial DayBiker Event beginning on May 18,2017 through li/.ay 29, 2017 . The Agreement shall beeffective for the period beginning aI" 12:00 a.m. on May 1 8 , 2017 , and ending at 1 1 :5 9
p.m. on }i4ay 29,2017. However, the SPD shall not be required to begin providingassistance until May 25,2017 continuing through l|l4ay 29,2017 unless otherwiserequested by the City of North Myrtle Beach to commence providing services prior tol|i4ay 25,2017 during the above referenced effective period.
(b) The specific law enforcement services that the SPD shall provide include, but are
not limited to, patrol services, crowd control, and traffic control.
(c) This agreement shall terminate, as indicated in paragraph 1(a) on Monday, May29,2017 at 1 1:59 pm. This agreement shall not be modified unless both parties
2
consent, in writing, to a modification. The terms of the modification shall be inwriting and shall become apart of the original Agreement.
2. AUTHORITY
(a) The North Myrtle Beach City Council has approved this Agreement and hasauthorized the SPD to request the temporary transfer of law enforcement officers fromthe SPD to the extent of available personnel and equipment not required for the adequateprotection of the remainder of City of Spartanburg. The Police Chief or commandingofficer of the SPD shall determine the amount of personnel and equipment available forlaw enforcement aid in North Myrtle Beach. The decision of the Police Chief or thecommanding officer of the SPD shall be final.
(b) The City of Spartanburg authorizes the Police Chief of the SPD or his designee torender temporary law enforcement aid to the NMBDPS to the extent of availablepersonnel and equipment not required for adequate protection of the remainder of theCity of Spartanburg.
(c) Law enforcement officers from the SPD acting under this Agreement shall becommanded by superior authority from within the SPD to maintain the peace or performduties in the municipality of North Myrtle Beach, South Carolina. While in North MyrtleBeach, offtcers from the SPD shall be under the direction and authority of a designatedperson from the SPD. The designated person from the SPD with authority over theofficers from the SPD shall in tum be under the direction and authority of Director ofPublic Safety for the NMBDPS or the Director's designee. Officers from the SPDtransferred to perform law enforcement duties within the City of North Myrtle Beachshall have all powers and authority of a law enforcement officer employed by the City ofNorth Myrtle Beach. The bond for any officer transferred from the SPD shall includecoverage for his/her activity in the municipality of North Myrtle Beach in the samemanner and to the same extent provided by bonds of officers employed by the NMBDPS.
3 COMPENSATION
The NMBDPS shall provide a thirty-five dollar ($35) per diem to each officer fromthe SPD transferred to the municipality of North Myrtle Beach pursuant to thisAgreement. In addition, the NMBDPS shall provide lodging for each officer from theSPD transferred to the municipality of North Myrtle Beach pursuant to this Agreement.The NMBDPS shall also reimburse the SPD the rate of salary or the hourly rate of wagesfor each officer transferred from the SPD. Such reimbursement for each officer shallinclude any overtime and any applicable state and federal taxes and SCPORScontributions. SPD shall submit an invoice to the NMBDPS within thirty (30) days fromMay 30, 2017 regarding reimbursement for officers transferred pursuant to thisAgreement. Reimbursement shall not include travel expenses.
Other than the compensation to be paid to the SPD as indicated above, the NMBDPSshall not be obligated to pay additional remuneration to the SPD however, in in the event
aJ
any extraordinary cost is incurred by the SPD in the rendering of law enforcementservices pursuant to this Agreernent, the SPD may submit a request for compensation toofÊset any extraordinary cost. The NMBDPS shall not unreasonably withhold payment tothe SPD for any extraordinary costs incurred by the SPD while rendering lawenforcement services pursuant to this Agreement.
The temporary transfer of officers from the SPD to the NMBDPS pursuant to thisAgreement shall in no manner affect or reduce the compensation, pension, or retirementrights of transferred or assigned officers and such officers shall continue to be paid by theCity of Spartanburg where such officers are permanently employed.
4. LIABILTY
(a) To the extent permitted by law, and without waiving sovereign immunity, eachagency shall be responsible for any and all claims, demands, suits, actions, damages andcauses of action related to or arising out of or in any way connected with its own actionsand the actions of its personnel in providing law enforcement services under thisagreement.
(b) The NMBDPS and the City of North Myrtle Beach shall not be responsible forreimbursing any amounts paid or due as benefits to employees of the SPD or the City ofSpartanburg under the terms of the South Carolina Workers' Compensation Act due topersonal injury or death occurring while such employees are engaged in rendering aidunder this Agreement. The NMBDPS and the City of Spartanburg shall be responsible forpayment of compensation and benefits only to their respective employees.
(c) All individuals retain all compensation, pension, retirement and disability rightswhile performing duties in accordance with this agreement, and all ofÍicers shall continueto be paid by the entity where they are permanently employed as of the dates services arerendered.
(d) This Agreement shall not be construed as, or deemed to be, an agreement for thebenefìt of any third party or parties. No third party or parties shall have any right ofaction under this agreement for any cause of action whatsoever.
5. EOUIPMENT AND FACILITIES
The SPD may utllize equipment from its own agency, if approved of the by Directorof Public Safety for the NMBDPS or his designee, in carrying out law enforcementservices pursuant to this Agreement.
4
6. RECORDS
In the event that it is necessary for any officer with the SPD to issue a uniform trafficticket, prepare an incident report, traffic accident report, artdlor prepare any document(s)necessary for the issuance of an arrest warrant, the originals of the above stateddocuments shall remain with and be maintained by the NMBDPS. In the event it isnecessary for an offrcer with the SPD to return to the City of North Myrtle Beach to aidin the prosecution of any traffic citation issued or arrest warrant obtained by, or with theassistance of any officer from the SPD while he/she was performing law enforcementservices pursuant to this Agreement, such officer shall reasonably cooperate with theNMBDPS to return to North Myrtle Beach for the purpose of providing testimony if thematter is to be disposed of via bench trial or jury trial. The NMBDPS shall pay for theofficer's mileage at the prevailing IRS mileage rate.
7. PROCESSING REOUESTS FOR ATION PI]RSUANT TO THESOUTI{ CAROLINA FREEDOM OF INFORMATION ACT
Any requests for information submitted to the City of North Myrtle Beach andlor the
North Myrtle Beach Department of Public Safety pursuant to the South CarolinaFreedom of Information Act (FOIA) regarding public safety functions performed orarising under these agreements shall be processed by the City of North Myrtle Beach.
Any requests for information submitted to the Spartanburg Police Departmentpursuant to the South Carolina Freedom of Information Act (FOIA) regarding publicsafety functions performed or arising under these agreements shall be processed bythe Spartanburg Police Department
Michael G. Mahaney, City ManagerCity of North Myrtle Beach
Date:
Alonzo Thompson, ChiefSpartanburg Police Dept.
Date:
5
State of South Carolina
County of Horry
)))
MUTUAL AID AND LAW ENFORCEMENTSUPPORT AGREEMENT BETWEEN THECITY OF NORTH MYRTLE BEACH ANDTHE SUMTER COUNTY SHERTFF'S OFFICE
Whereas, the Law Enforcement and Support Act (the Act), beginning at $ 23-20-10 etseq. of the South Carolina Code of Laws, $ 23-20-30 provides " Any county,incorporated municipality, or other political subdivision of this State may enter intomutual aid agreements for the proper and prudent exercise of public safety functions. Allagteements must adhere to the requirements contained in $ 23-20-40"; and
'Whereas, S 23-20-20(4) of the Act defines a Mutual Aid Agreernent as "any agreement
entered into on behalf of a law enforcernent agency in this State for the purpose ofproviding the proper and prudent exercise of public safety functions across jurisdictionallines, including, but not limited to, multijurisdictional task forces, criminal investigations,patrol services, crowd control, trafflrc control and safety, and other emergency servicesituations. Such agreements must not be permitted for the sole purpose of speedenforcement"; and
\ühereas, ç 23-20-20 also defines the following as:
(1) "Law enforcement agency" means any state, county, municipal, or local lawenforcement authority that enters into an agreement for the procurement of lawenforcement support services.
(2) "Law enforcement provider" means any in-state or out-of-state law enforcementauthority that provides law enforcement services to a law enforcement agency pursuant tothis chapter.
(3) "Law enforcement services" means any law enforcement assistance or serviceperformed by a certified law enforcement officer; an
Whereas, ç 23-20-40 provides
(A)All mutual aid agreements for law enforcement services must be in writing andinclude, but may not be limited to, the following:
(1) a statement of specific services to be provided;(2) specific language dealing with financial agreernents between the parties;(3) specification of the records to be maintained concerning the performance of
services to be provided to the agency;(4) language dealing with the duration, modification, and termination of the
agreement;
I
(5) specific language dealing with the legal contingencies for any lawsuits or thepayment of damages that arise from the provided services;
(6) a stipulation as to which law enforcement authority maintains control over thelaw enforcement provider's personnel;
(7) specifrc affangements for the use of equipment and facilities; and
(8) specific language dealing with the processing of requests for informationpursuant to the Freedom of lnformation Act for public safety functionsperformed or arising under these agreements.
(B) Except as provided in subsection (C), a mutual aid agreement entered into onbehalf of a law enforcement authority must be approved by the appropriategoverning bodies of each concerned county, incorporated municipality, or otherpolitical subdivision of this State. Agreements entered into are executed betweengoveming bodies, and, therefore,may last until the agreement is terminated by aparticipatin g party of the agreement.
(C) An elected offrcial whose office was created by the Constitution or by general lawof this State is not required to seek approval from the elected official's governingbody in order to participate in mutual aid agreements.
NO\il THEREFORE, PURSUANT TO THE CODE OF LAWS OF SOUTHCAROLINA, SECTION 23-20-10 ET SEQ, THE NORTH MYRTLE BEACHDEPARTMENT OF PUBLIC SAFETY (NMBDPS) AND THE SUMTERCOUNTY SHERIFF'S OFFICE (SCSO), THE PARTIES AGREE AS FOLLOWS:
1. TEMPORARY TRANSFER OF OFFICERS. SPECIFIC SERVICES TO BEPROVIDED, MODIFICATION AND TERMINATION OF AGREEMENT:
(a) SCSO shall provide Offrcers on a temporary basis to provide law enforcementservices in the City of North Myrtle Beach, South Carolina during the Memorial DayBiker Event beginning on May 18,2017 through l|day 29, 2017 . The Agreement shall beeffective for the period beginning at 12:00 a.m. on May 18,2077, and ending at I 1:59p.m. on lll4ay 29,2017. However, the SCSO Police Department shall not be required tobegin providing assistance until May 25,2017 continuing through }l4ay 29,2017 unlessotherwise requested by the City of North Mytle Beach to commence providing servicesprior to }day 25,2017 dunng the above referenced effective period.
(b) The specific law enforcement services that the SCSO shall provide include, butare not limited to, patrol services, crowd control, and traffic control.
(c) This agreement shall terminate, as indicated in paragraph 1(a) on Monday, May29,2017 at 1l:59 pm. This agreement shall not be modified unless both parties
2
consent, in writing, to a modification. The terms of the modification shall be inwriting and shall become apart of the original Agreement.
2" AUTHORITY
(a) The North Myrtle Beach City Council has approved this Agreement and hasauthorized the SCSO to request the temporary transfer of law enforcement offrcers fromthe SCSO to the extent of available personnel and equipment not required for theadequate protection of the remainder of County of Sumter. The Sheriff or commandingofficer of the SCSO shall determine the amount of personnel and equipment available forlaw enforcement aid in North Myrtle Beach. The decision of the Sheriff or thecommanding officer of the SCSO shall be final.
(b) Law enforcement officers from the SCSO acting under this Agreement shall becommanded by superior authority from within the SCSO to maintain the peace orperform duties in the municipality of North Myrtle Beach, South Carolina. While inNorth Myrtle Beach, offrcers from the SCSO shall be under the direction and authority ofa designated person from the SCSO. The designated person from the SCSO withauthority over the officers from the SCSO shall in turn be under the direction andauthority of Director of Public Safety for the NMBDPS or the Director's designee.Officers from the SCSO transferred to perform law enforcement duties within the City ofNorth Myrtle Beach shall have all powers and authority of a law enforcement officeremployed by the City of North Myrtle Beach. The bond for any offrcer transferred fromthe SCSO shall include coverage for his/her activity in the municipality of North MyrtleBeach in the same manner and to the same extent provided by bonds of officersemployed by the NMBDPS.
3 COMPENSATION
The NMBDPS shall provide a thirty-five dollar ($35) per diem to each officer fromthe SCSO transferred to the municipality of North Myrtle Beach pursuant to thisAgreement. In addition, the NMBDPS shall provide lodging for each officer from theSCSO transferred to the municipality of North Myrtle Beach pursuant to this Agreement.The NMBDPS shall also reimburse the SCSO the rate of salary or the hourly rate ofwages for each officer transferred from the SCSO. Such reimbursement for each off,rcershall include any overtime and any applicable state and federal taxes and SCPORScontributions. SCSO shall submit an invoice to the NMBDPS within thirty (30) daysfrom May 30,2017 regarding reimbursement for officers transferred pursuant to thisAgreement. Reimbursement shall not include travel expenses.
Other than the compensation to be paid to the SCSO as indicated above, theNMBDPS shall not be obligated to pay additional remuneration to the SCSO however, inin the event any extraordinary cost is incurred by the SCSO in the rendering of lawenforcernent services pursuant to this Agreement, the SCSO may submit a request forcompensation to off-set any extraordinary cost. The NMBDPS shall not unreasonably
aJ
withhold paSrment to the SCSO for any extraordinary costs incurred by the SCSO whilerendering law enforcement services pursuant to this Agreement.
The temporary transfer of officers from the SCSO to the NMBDPS pursuant to thisAgreement shall in no manner affect or reduce the compensation, pension, or retirementrights of transferred or assigned officers and such officers shall continue to be paid by theCounty of Sumter where such officers are permanently employed.
4. LIABILTY
(a) To the extent permitted by law, and without waiving sovereign immunity, eachagency shall be responsible for any and all claims, demands, suits, actions, damages andcauses of action related to or arising out of or in any way connected with its own actionsand the actions of its personnel in providing law enforcement services under thisagreement.
(b) The NMBDPS and the City of North Myrtle Beach shall not be responsible forreimbursing any amounts paid or due as benefits to employees of the SCSO or theCounty of Sumter under the terms of the South Carolina'Workers' Compensation Act dueto personal injury or death occurring while such employees are engaged in rendering aidunder this Agreement. The NMBDPS and the County of Sumter shall be responsible forpa¡rment of compensation and benefits only to their respective employees.
(c) All individuals retain all compensation, pension, retirement and disability rightswhile performing duties in accordance with this agreement, and all officers shall continueto be paid by the entity where they are permanently employed as of the dates services are
rendered.
(d) This Agreement shall not be construed as, or deemed to be, an agreement for thebenefit of any third party or parties. No third party or parties shall have any right ofaction under this agreement for any cause of action whatsoever.
5. EOUIPMENT AND FACILITIES
The SCSO may utilize equipment from its own agency, if approved of the by Directorof Public Safety for the NMBDPS or his designee, in carrying out law enforcementservices pursuant to this Agreement.
6. RECORDS
In the event that it is necessary for any officer with the SCSO to issue a uniformtraffic ticket, prepare an incident report, traffic accident report, andlor prepare anydocument(s) necessary for the issuance of an arrest warrant, the originals of the above
4
stated documents shall remain with and be maintained by the NMBDPS. In the event it isnecessary for an officer with the SCSO to return to the City of North Myrtle Beach to aidin the prosecution of any traffic citation issued or arrest warrant obtained by, or with theassistance of any officer from the SCSO while he/she was performing law enforcementservices pursuant to this Agteement, such offrcer shall reasonably cooperate with theNMBDPS to retum to North Myrtle Beach for the purpose of providing testimony if thematter is to be disposed of via bench trial or jury trial. The NMBDPS shall pay for theoffrcer's mileage at the prevailing IRS mileage rate.
7. PROCESSING REOUESTS FOR INFORMATION PURSUANT TO THESOUTH CAROLINA FREEDOM OF INFORNIATION ACT
Any requests for information submitted to the City of North Myrtle Beach andlor theNorth Myrtle Beach Department of Public Safety pursuant to the South CarolinaFreedom of Information Act (FOIA) regarding public safety functions performed orarising under these agreements shall be processed by the City of North Myrtle Beach.Any requests for information submitted to the Sumter County Sheriff s Officepursuant to the South Carolina Freedom of Information Act (FOIA) regarding publicsafety functions performed or arising under these agreements shall be processed bythe Sumter County Sheriffls Office.
Michael G. Mahaney,City ManagerCity of North Myrtle Beach
Date:
Anthony Dennis, SheriffSumter County SherifPs Office
Date:
5
REOUEST FOR CITYSOUNCIL CONSIDERATION
Date: il;4arch2 2017
1cAgenda Item Prepared By: Chris Noury, City Attorney
Agenda Section: Business. Ordinance. FirstReading.
Date: March 14,2017
Subject: An ordinance to authorize the addition of afourth parasail boat regarding the parasail andbanana boat franchise granted to Randle Duke inconjunction with a $15,000 increase of the franchisefee from $45,000 ayeal to $60,000 per year.
Division: Legal
BACKGROUND:
Council previously authorized Randle Duke to operate a parasail and banana boat business from thebeach in the vicinity of Sea Mountain Highway and Ocean Boulevard via Franchise Agreement(Agreement). When the franchise was first awarded to Mr. Duke, the Agreement authorized the use ofthree parasail boats and a franchise fee of$45,000.
Thereafter, Mr. Duke requested that the Agreement be amended to allow only two parasail boats and a
$15,000 reduction of the franchise fee from $45,000 to $30,000; Council agreed to the requestedamendment.
Subsequently, on April 15,2016, Mr. Duke requested that the Franchise Agreement be amended againto allow the use of three parasail boats. Council consented to the use of a third parasail boat along witha $15,000 increase of the franchise fee to $45,000.
Mr. Duke is currently requesting that Council allow him to add a fourth parasail boat to his franchiseStaff informed Mr. Duke that in the event Council approves the request to add a fourth parasail boat,Council will most likely increase the franchise fee by at least $15,000 which would bring his annualfranchise fee to $60,000.
RECOMMENDED ACTION: Adoption or denial of the ordinance.
Reviewed by City Manager by ttorney
2017 ADDENDUM TO THE FRANCHISE AGREEMENT CONVEYED TO RANDAL DUKE FROM K. ROBERT
BARNHIII REGARDING THE OPERATION OF A PARASAIT AND BANANA BOAT BUSINESS ON THE BEACH
IN THE VICINITY OF SEA MOUNTAIN HIGHWAY AND OCEAN BOULEVARD
Article ll, Section 3 of the Agreement shall provide:
"The Franchisee shall pay to the City a franchise fee of 560,000 each year. The fees for the optionalperiod shall increase by five percent (5%) successively for each year. The franchíse fee shall be payable
in one installment due the first Monday after July 15. lf payment is not received within 15 days after thedue date a SfOO per day penalty will be assessed until payment is received in full."
All prior amendments to Article ll, Section 3 shall be null and void.
Article V, Section 2 b shall provide:
"The Franchisee is limited to the use of three (3) banana boats not exceeding six (6) passengers each
including franchise employees and customers. One of the three (3) banana boats must be a dual
pontoon vessel. The dual pontoon banana boat may be utilized to transport passengers from the beach
to the parasail watercraft. The Franchisee is also limited to four (4) non-propeller personal watercraft,two (2) transport or ferrying watercraft not exceeding six (6) passengers, and four (4) parasailing vessels
with attached launch platform and properly equipped winch and tow line. Personal watercraft may be
utilized to tow passengers on banana boats from the shore to the parasail watercraft, however,
customers and non-franchise employees are prohibited from being transported upon personal
watercraft."
All prior amendments to Art¡cle V Section 2 b shall be null and void.
For North Myrtle Beach: Randall Duke:
City Manager Franchisee
Date
AN ORDINANCE
AN ORDINANCE TO AMEND THE FRANCHISE AGREEMENT THAT WAS CONVEYED TO RANDLE DUKE
WHICH AUTHORIZES MR. DUKE TO OPERATE A PARASAIL AND BANANA BOAT BUSINESS FROM THE
BEACH IN THE VICINITY OF SEA MOUNTAIN HIGHWAY AND OCEAN BOULEVARD TO INCREASE THE
NUMBER OF PARASAIL BOATS FROM THREE TO FOUR AND TO INCREASE THE CURRENT ANNUAL
FRANCHTSE FEE OF s45,000 TO $65,000.
Whereas, in 2013, the City consented to the conveyance of the Franchise Agreement that was originallygranted to K, Robert Barnhillto operate a parasail and banana boat franchise in the vicinity of Sea
Mountain Highway and Ocean Boulevard to Randle Duke; and
Whereas, when the franchise agreement was conveyed to Mr, Duke it authorízed him to operate threeparasail boats with a franchise fee of $45,000 however Mr. Duke requested that the franchíse
agreement be amended to allow only two parasail boats with a reduction of the franchise fee from
$¿s,ooo to S30,ooo
Whereas, City Council consented to the above requested amendment; and
Whereas, in April of 20'J,6, Mr. Duke has requested that Council amend the franchise agreement to allowthe use of three parasail boats with an increase of the annual franchise fee from 530,000 to 545,000which request was granted; and
Whereas, Mr. Duke has requested that Council amend the franchise agreement to allow the use of fourparasail boats with an increase in the annual franchise fee from 545,000 to 560,000.
Whereas, Staff has prepared an addendum to the Franchise Agreement that was conveyed to Randle
Duke to authorize the use of four parasail boats and to increase the annual franchise fee of S+S,OOO by
S15,0000 for a new annual franchise fee of 560,000/
NOW, THEREFORE BE lT ORDATNED BY THE MAYOR AND COUNCTL FOR THE C|TY OF NORTH MYRTTE
BEACH SOUTH CAROLINA:
Section 1: The above referenced addendum to the franchise agreement is approved.
Section 2:The City Manager is authorized to sign the addendum on behalf of the City
Section 3: The ordinance shall be effective upon the date of passage
DONE, RAT|F|ED AND PASSED TH|S THE _ DAy OF 2017
ATTEST:
1
Mayor Hatley
City Clerk
Approved as to Form Reviewed
City Attorney
First Reading
Second Reading:
City Manager
2