Florence City Council Complete Agenda 10-11-21

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REGULAR MEETING

OF
FLORENCE CITY COUNCIL

COUNCIL CHAMBERS
324 W. EVANS STREET
FLORENCE, SOUTH CAROLINA

MONDAY
October 11, 2021
1:00 P.M.
REGULAR MEETING OF FLORENCE CITY COUNCIL
MONDAY, OCTOBER 11, 2021 - l:OOPM
CITY CENTER - COUNCIL CHAMBERS
324 WEST EVANS STREET
FLORENCE, SOUTH CAROLINA

I. CALL TO ORDER

II. INVOCATION

Pledge of Allegiance to the American Flag

III. APPROVAL OF MINUTES

September 13, 2021 -Regular Meeting


September 21, 2021 - Special Meeting

IV. PUBLIC HEARING

a. A Public Hearing will be held to receive input regarding the adoption of a


Development Agreement between the City of Florence and the developer of "The
Bluffs at Mill Creek" and zone RG-3, Residential General-3, pending
annexation, 106 acres located at Redbud Lane and Howe Springs Road,
identified as Florence County Tax Map Parcel 00152-01-021.

V. APPEARANCES BEFORE COUNCIL

a. Mr. Tim Hammond, Resident


To speak on yard waste collection.

b. Mr. John Harrington, Resident


To discuss the Alternative Program.

c. Mrs. Clamentine Elmore, Executive Director - Housing Authority


To provide an update on the Housing Authority.
VI. ORDINANCES IN POSITION

a. Bill No. 2021-30- Second Reading


An Ordinance authorizing the execution and delivery of a lease purchase agreement
in an amount not exceeding $3,000,000 for lighting and various other equipment at
the athletic complex.

b. Bill No. 2021-31- Second Reading


An Ordinance to rezone three parcels located at 900 Oakland A venue and 607
Maxwell Street, specifically identified as Florence County Tax Map Numbers 90114-
13-001, 90114-13-002, and 90114-13-013.

VII. INTRODUCTION OF ORDINANCES

a. Bill No. 2021-12-First Reading


An Ordinance to annex and zone a portion of Lake Oakdale and the Lake Oakdale
dam, identified as a portion of Florence County Tax Map Parcel 00751-01-049.
(Note: Tlte applicant ltas requested that tltis item be deferred.)

b. Bill No. 2021-33 - First Reading


An Ordinance to enter into a Development Agreement between the City of Florence
and the developer of "The Bluffs at Mill Creek" and zone RG-3, Residential General-
3, pending annexation, 106 acres located at Redbud Lane and Howe Springs Road,
identified as Florence County Tax Map Parcel 00152-01-021, and authorizing the
City Manager to execute all documents associated therewith.

c. Bill No. 2021-34 - First Reading


An Ordinance to rezone 257 North Coit Street from UR Urban Residential to DS
Destination/Select Use; identified as Florence County Tax Map Parcel 90073-05-005.

d. Bill No. 2021-35-First Reading


An Ordinance to rezone 802 Cherokee Road, 806 Cherokee Road, 812 Cherokee
Road, and 810 Congaree Road from NC-6.1 to NC-6.3; identified as Florence County
Tax Map Parcels 90064-11-006, 90064-11-007, 90064-11-013, and 90064-11-012.

e. Bill No. 2021-36 -First Reading


An Ordinance utilizing authority found in §23-31-220 and §23-31-520 of the South
Carolina Code of Laws, as amended, to prohibit open carry of "Firearms" at all events
permitted by the City of Florence and to expand the current prohibition of
concealable weapons on properties owned or operated by the City of Florence to
include both concealed and open carry of"concealable weapons" by amending
Sections 14-20, 19-52, 19-53, 19-54, and 19-57 and by adding Article V to Chapter 2
of the City Code of Ordinances.
(Note: May be discussed in Executive Session.)
VIII. INTRODUCTION OF RESOLUTIONS

a. Resolution No. 2021-35


A Resolution expressing Council's willingness to grant a request by the Town of
Pamplico to release a portion of the City' s designated water and sewer service area to
allow Pamplico to serve residents of the area.
(Note: May be discussed in Executive Session.)

b. Resolution No. 2021-36


A Resolution by the City of Florence proclaiming October as Bullying Prevention
Month.

c. Resolution No. 2021-37


A Resolution by the City of Florence recognizing the second Saturday of July as "The
Pee Dee Youth Day."

IX. REPORTS TO COUNCIL

a. Appointments to Boards and Commissions

b. Appropriation of Accommodations Tax Funds for Fiscal Year 2021-2022.

X. COMMITTEE REPORTS

a. Business Development Committee

b. Community Development Committee

c. Marketing and Public Relations Committee

XI. EXECUTIVE SESSION

a. To receive legal advice related to open carry [30-4-70(a)(2)].

b. To receive legal advice related to a request by the Town of Pamplico [30-4-


70(a)(2) ].

After returning to open session, Council may take action on items discussed in
Executive Session.

XII. ADJOURN
REGULAR MEETING OF FLORENCE CITY COUNCIL
MONDAY, SEPTEMBER 13, 2021-1:00 P.M.
CITY CENTER- COUNCIL CHAMBERS
324 WEST EVANS STREET
FLORENCE, SOUTH CAROLINA

MEMBERS PRESENT

Mayor Teresa Myers Ervin, Mayor Pro Tempore George Jebaily, Councilwoman Pat Gibson-Hye Moore,
Councilwoman Lethonia Barnes, Councilman Chaquez T. McCall, Councilman Bryan A. Braddock and
Councilman C. William Schofield.

ALSO PRESENT

Mr. Randall S. Osterman, City Manager; Mr. James W. Peterson, Jr., City Attorney; Mrs. Casey Moore,
Municipal Clerk; Mr. Scotty Davis, Deputy City Manager; Mr. Clint Moore, Assistant City Manager of
Development; Mr. Kevin Yokim, Assistant City Manager of Administration/Finance; Chief Allen
Heidler, Florence Police Department; Chief Shannon Tanner, Florence Fire Department; Mr. Jerry
Dudley, Director of Planning; Mrs. Jennifer Krawiec, Director of Human Resources; Mr. Michael
Hemingway, Director of Utilities; Mrs. Amanda Pope, Director of Marketing/Communications and
Municipal Services; and Mr. Chuck Pope, Director of Public Works.

MEDIA PRESENT

Mr. Matthew Christian of the Florence Morning News and Mr. Curtis Graham ofWBTW News were
present for the meeting.

Notices of this regular meeting of City Council were provided to the media and individuals requesting a
copy of the agenda informing them of the date, location and time of the meeting.

CALL TO ORDER

Mayor Ervin called the September 13, 2021 regular meeting of Florence City Council to order at 1:03
p.m.

INVOCATION

Mayor Ervin gave the invocation for the meeting. The pledge of allegiance to the American Flag followed
the invocation.

APPROVAL OF MINUTES

Councilman Schofield made a motion to adopt the minutes of the July 27, 2021 Comprehensive Plan
Work Session and the August 9, 2021 Regular Meeting and Councilwoman Barnes seconded the motion.
The minutes were unanimously adopted.
FLORENCE CITY COUNCIL
REGULAR MEETING - SEPTEMBER 13, 2021

ADDENDUM TO THE AGENDA

Mayor Ervin said there are two addendums to the agenda before Council for consideration.

Executive Session
To receive legal advice related to a Downtown Economic Development Project.

Pro tern Jebaily made a motion to add this Executive Session item to the September 13, 2021 meeting
agenda and Councilman Schofield seconded the motion. Council voted unanimously (7-0) to add this item
to the agenda.

Resolution No. 2021-33


A Resolution by the City of Florence recognizing Billy D. Williams for his considerable
contributions to the Florence community.

Councilwoman Moore made a motion to add Resolution No. 2021-33 to the September 13, 2021 meeting
agenda and Pro tern Jebaily seconded the motion. Council voted unanimously (7-0) to add this item to the
agenda.

PUBLIC HEARING

A public hearing on the Edward Byrne Memorial Justice Assistance Grant regarding a request for
law enforcement equipment.

Mayor Ervin opened the public hearing at I :37 p.m.

Chief Allen Heidler reported that this public hearing is required as part of the process for the police
department's annual application for the Department of Justice Byrne Memorial Law Enforcement
Equipment Grant. This year the police department is seeking to purchase a compact robot and computer
equipment for the information technology unit.

There being no one present to speak, Mayor Ervin closed the public hearing at 1:39 p.m.

APPEARANCE BEFORE COUNCIL

Ms. Madie Robinson, Pee Dee Healthy Start - Executive Director

Ms. Madie Robinson appeared before Council to give an update on the Pee Dee Healthy Start program.
She said they have been in the community since 1991 and provide services in 7 counties. To promote and
raise awareness of their services, they requested to have a music street festival downtown Florence on
October l 61" from 5-8pm. She said they contacted the Downtown Development office, and it seemed the
intent was to deny their application for the street festival. She was told the event could be disruptive to
downtown businesses and could be costly. She said her team met with city officials in which they were
told, based on their mission and the population they serve, it would be best to hold their festival on
Sanborn Street. She said Sanborn Street may be a more convenient location for their festival due to
COVID but she does not like the way she and her staff were treated during the process. She addressed
Council and said she wants to continue the partnership her organization has with the city, but she will not
have her services, participants and people characterized and judged in a manner that is not conducive with
society.

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FLORENCE CITY COUNCIL
REGULAR MEETING - SEPTEMBER 13, 2021

Mayor Ervin asked if they currently have a date for their event. Ms. Robinson said their event will be
October 23rd at the City Center Fanners Market.

Ms. Joanne Durant, Resident

Ms. Joanne Durant appeared before Council to speak on the intersection of Oakland Avenue and Royal
Street. Her nephew was involved in a fatal hit-and-run accident at this intersection, and she asked
Council for their help in placing a traffic light there. Ms. Durant said this is a school zone and a bus stop
and should be safe for kids walking to and from school.

Councilman McCall said many accidents have happened at this location and he wishes the city could put
a traffic light there, but it is a state road. He said the City has already submitted a request to the SC
Department of Transportation (SCDOT) to complete a study at this intersection.

Mayor Ervin asked Mr. Randy Ostennan, City Manager, ifthere are any updates. Mr. Osterman
confinned the City submitted a request to the SCDOT that they begin a study at the location to see if it
meets their requirements for a traffic light. He said they have not received a response yet.

ORDINANCES IN POSITION

Bill No. 2021-27 -Second Reading


An ordinance to amend the budget for the City of Florence, South Carolina for the fiscal year
beginning July 1, 2021 and ending June 30, 2022.

Councilwoman Moore made a motion to adopt Bill No. 2021-27 on second reading and Councilman
Schofield seconded the motion.

Council voted unanimously (7-0) to adopt Bill No. 2021-27.

Bill No. 2021-28-Second Reading


An Ordinance to amend the budget for the City of Florence, South Carolina for the fiscal year
beginning July 1, 2021 and ending June 30, 2022.

Councilman Schofield made a motion to adopt Bill No. 2021-28 on second reading and Councilman
Braddock seconded the motion.

Council voted unanimously (7-0) to adopt Bill No. 2021-28.

Bill No. 2021-29 - Second Reading


An Ordinance to annex the parcel located at 1524 McKenny Court, identified as Florence County
Tax Map Parcel 01461-02-005.

Councilman Schofield made a motion to adopt Bill No. 2021-19 on second reading and Councilwoman
Barnes seconded the motion.

Council voted unanimously (7-0) to adopt Bill No. 2021-29.

INTRODUCTION OF ORDINANCES

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FLORENCE CITY COUNCIL
REGULAR MEETING - SEPTEMBER 13, 2021

Bill No. 2021-12 -First Reading


An Ordinance to annex and zone a portion of Lake Oakdale and the Lake Oakdale darn, identified
as a portion of Florence County Tax Map Parcel 00751-01-049.

Mayor Ervin said the applicants have requested that this item be deferred. Without objection, this item
was deferred.

Bill No. 2021-30-First Reading


An Ordinance authorizing the execution and delivery of a lease purchase agreement in the amount
not exceeding $3,000,000 for lighting equipment at the athletic complex and other matters related
thereto.

Councilman Braddock made a motion to pass Bill No. 2021-30 on first reading and Councilwoman
Moore seconded the motion.

Mr. Kevin Y okim, Assistant City Manager of Finance/Administration, reported the cost for the sports
complex project has increased from its original estimate. To keep the project on budget, a decision was
made to lease the lights and other various equipment for this project separately.

Councilman Braddock asked for clarification on the expenditure of the $3,000,000. Mr. Yokim replied
the lighting will cost approximately $2,000,000 and the bleachers, netting, and various other equipment
will cost approximately $1,000,000.

Councilman Schofield asked Mr. Y okim to provide more data on the fixtures, the manufacturer and size,
so Council can compare them to other fixtures that were recently purchased. Mr. Y okim replied he would.

Councilman McCall asked if this $3,000,000 was included in the bond for the sports complex. Mr.
Y okim explained the original estimate for the project was in the $15-16 million range and a bond was
issued for $15 million. Since the issuance of the bond, the cost for the project has increased and the lease
for the equipment is necessary to balance the budget.

Councilman Braddock asked how the lease is being funded. Mr. Y okim replied the lease will be funded
from excess local option sales tax revenues.

Council voted unanimously to pass Bill No. 2021-30.

Bill No. 2021-31-First Reading


An Ordinance to rezone three parcels located at 900 Oakland Avenue and 607 Maxwell Street,
specifically identified as Florence County Tax Map Parcels 90114-13-001, 90114-13-002, and 90114-
13-013.

Councilwoman Moore made a motion to pass Bill No. 2021-31 on first reading and Councilwoman
Barnes seconded the motion.

Pro tern Jebaily made a motion to enter into Executive Session to receive legal advice on this matter.
Without objection, Council entered into Executive Session at 2:15 p.m.

Council resumed open session at 3:30 p.m.

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FLORENCE CITY COUNCIL
REGULAR MEETING - SEPTEMBER 13, 2021

Mr. Jerry Dudley, Planning Director, reported this proposal was originally before Council on March 8,
2021 and was referred back to Planning Commission to take a closer look at the Commercial Reuse (CR)
zoning designation. Staff drafted some amendments to the CR district, but Commission members felt
there may be some unintended consequences throughout the city and did not approve them . During the
process, the applicant brought forth some restrictive covenants on the properties that specifically
addressed land use. Upon the adoption of the Unified Development Ordinance, the properties were
applied the zoning designation of Neighborhood Conservation-6.l (NC-6.1). Prior to the adoption of the
Unified Development Ordinance, the properties were zoned B-2, Convenience Business District and have
historically contained a small convenience/grocery store that sells beer and wine as a continuing existing
non-conforming use. The proposed restrictive covenants for the three parcels state: I) there shall be no
private clubs on the premises; 2) property owner is prohibited from selling alcohol for onsite
consumption; 3) the City of Florence shall have the right to enforce the covenants.

On August IO, 2021 Planning Commission voted 4-3 in favor of the proposed restrictive covenants,
which accompany the proposed rezoning request to the CR district.

Council voted unanimously (7-0) to pass Bill No. 2021-31.

INTRODUCTION OF RESOLUTIONS

Resolution No. 2021-30


A Resolution by the City of Florence recognizing Hispanic Heritage Month.

Councilman McCall made a motion to adopt Resolution No. 2021-30 and Councilwoman Barnes
seconded the motion.

Councilwoman Moore read the Resolution and presented it to Mrs. Erica Robinson.

Council voted unanimously (7-0) to adopt Resolution No. 2021-30.

Resolution No. 2021-31


A Resolution by the City of Florence recognizing the 65 1h Anniversary of Saint Anthony Catholic
School.

Pro tern Jebaily made a motion to adopt Resolution No. 2021-31 and Councilman Schofield seconded the
motion.

Pro tern Jebaily read the Resolution and presented it to the principal of and students at Saint Anthony
Catholic School.

Council voted unanimously (7-0) to adopt Resolution No. 2021-31.

Resolution No. 2021-32


A Resolution by the City of Florence declaring its intent to reimburse certain funds or accounts of
the city from proceeds of a tax-exempt borrowing for certain public infrastructure capital
improvements.

Councilwoman Barnes made a motion to adopt Resolution No. 2021-32 and Councilman Braddock
seconded the motion.

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FLORENCE CITY COUNCIL
REGULAR MEETING - SEPTEMBER 13, 2021

Mr. Yokim reported this Resolution accompanies Bill No. 2021-30 discussed earlier. Since the lease is a
tax-exempt lease, Internal Revenue Service (IRS) regulations require that the city adopt a Resolution to
reimburse itself for expenditures incurred before the lease is closed. The first invoice for the lighting
equipment will be due in late September. The lease will close after the October Council meeting.

Council voted unanimously (7-0) to adopt Resolution No. 2021-32.

Resolution No. 2021-33


A Resolution by the City of Florence recognizing Billy D. Williams for his considerable
contributions to the Florence community.

Councilwoman Moore made a motion to adopt Resolution No. 2021-33 and Councilman Schofield
seconded the motion.

Councilman McCall read the Resolution and presented it the family of Billy D. Williams.

Mayor Ervin thanked the family for supporting Billy Williams as he served the citizens and the
community.

Councilwoman Barnes, Councilwoman Moore, Pro tern Jebaily and Councilman McCall spoke on the
loss of Billy Williams and the impact he had on them and his contributions to the community.

Council voted unanimously (7-0) to adopt Resolution No. 2021-33.

REPORTS TO COUNCIL

Appointments to Boards and Commissions

Mr. Scotty Davis, Deputy City Manager, presented the packet of appointments to Boards and
Commissions to Council.

Accommodations Tax Advisory Committee

Councilwoman Moore made a motion appoint Jacquelyn Campbell for a term to begin immediately and
expire on June 30, 2024.

Board of Zoning Appeals

Councilman McCall deferred his nomination to the Board.

Construction & Maintenance Board of Adjustments and Appeals

Being no applicants, Mayor Ervin deferred her two nominations to the Board.

Aesthetics Advisory Committee

Councilwoman Barnes deferred her nomination to the Committee.

Councilman McCall deferred her nomination to the Committee.

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FLORENCE CITY COUNCIL
REGULAR MEETING - SEPTEMBER 13, 2021

Mayor Ervin deferred her nomination to the Committee.

Councilman Schofield made a motion to appoint Clara Brockington for an initial term of three years to
begin immediately and expire on June 30, 2024.

Being no additional applicants, the remaining appointments were deferred.

Resilience and Sustainability Advisory Committee

Being no applicants, the remaining appointments were deferred.

Public Safety Citizen's Review Board

Councilwoman Barnes made a motion to appoint Marion McDowell to an initial term of two years to
begin immediately and expire on June 30, 2023.

Mayor Ervin deferred her appointment to the Board.

Pro tern Jebaily made a motion to appoint Victor Webster to an initial term of three years to begin
immediately and expire on June 30, 2024.

Parks and Beautification Commission Annual Report

Mr. Roger Malfatti, Chairman of the of Parks and Beautification Commission, thanked Council for the
support they've given the Parks program. He reported there are many activities and improvements
underway. Freedom Florence Park has recently been refurbished and replacing playground equipment at
all the parks has started. He said the basketball and tennis courts are being resurfaced, dugouts are being
upgraded and new community centers have been built. Enhancing the trail system to connect to
downtown is being developed. Repairs to Veterans Park have been completed, the soccer complex is
being expanded to include track and field events, and the new sports complex will be the home to the
Florence Flamingos.

COMMITTEE REPORTS

Business Development Committee, Chaired by Pro tern Jebaily

Pro tern Jebaily reported the Business Development Committee met and received input from Briana
Dennis with the business incubator. He said the Committee also discussed the city's corridors and how
they can address the corridors and make some improvements to enhance business opportunity throughout
the city.

Community Development Committee, Chaired by Councilwoman Barnes

Councilwoman Barnes reported the Committee will continue its listening tour with a meeting with the
faith-based community on October 141h to brainstorm on ways to betterthe community.

Marketing and Public Relations Committee, Chaired by Councilman McCall

Councilman McCall said they discussed partnerships and collaborating with other entities on marketing
the city. He also said they continued discussion on the next steps to take for the city to pursue the All-

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FLORENCE CITY COUNCIL
REGULAR MEETING - SEPTEMBER 13, 2021

American City designation. They received a hint on what the theme will be in 2023 and the city is taking
steps to develop a plan. They also discussed the current branding and how they could move from the Full
Life. Full Forward. brand to something unique for the city.

EXECUTIVE SESSION

Mayor Ervin said Council will be entering into Executive Session to receive legal advice related to the
COVID-19 pandemic and to receive legal advice related to a Downtown Economic Development Project.
Councilwoman made a motion to enter into Executive Session and Councilwoman Barnes seconded the
motion. Council entered into Executive Session at 3:55 p.m.

Council reconvened open session at 5:22 p.m. and no action was taken.

ADJOURN

Without objection, the September 13, 2021 Regular meeting of City Council was adjourned at 5:24 p.m.

Dated this 11th day of October 2021.

Casey C. Moore, Municipal Clerk Teresa Myers Ervin, Mayor

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SPECIAL MEETING OF FLORENCE CITY COUNCIL
TUESDAY, SEPTEMBER 21, 2021 - 3:00 P.M.
CITY CENTER- COUNCIL CHAMBERS
324 WEST EVANS STREET
FLORENCE, SOUTH CAROLINA

MEMBERS PRESENT

Mayor Teresa Myers Ervin, Mayor Pro Tempore George Jebaily, Councilwoman Pat Gibson-Hye Moore,
Councilwoman Lethonia Barnes, Councilman Chaquez T. McCall, Councilman Bryan A. Braddock and
Councilman C. William Schofield.

ALSO PRESENT

Mr. Randall S. Osterman, City Manager; Mr. James W. Peterson, Jr., City Attorney; Mrs. Casey Moore,
Municipal Clerk; Mr. Scotty Davis, Deputy City Manager; Mr. Clint Moore, Assistant City Manager of
Development; Mr. Kevin Yokim, Assistant City Manager of Administration/Finance; Chief Allen
Heidler, Florence Police Department; Chief Shannon Tanner, Florence Fire Department; Mr. Michael
Hemingway, Director of Utilities; Mrs. Jennifer Krawiec, Director of Human Resources; Mrs. Amanda P.
Pope, Director of Marketing/Communications and Municipal Services; Mr. Chuck Pope, Director of
Public Works

MEDIA PRESENT

Mr. Matthew Christian of the Florence Morning News, Mr. Curtis Graham of WBTW News, and Mr.
Carlos Flores of WPDE-TV were present for the meeting.

Notices of this regular meeting of City Council were provided to the media and individuals requesting a
copy of the agenda informing them of the date, location and time of the meeting.

CALL TO ORDER

Mayor Ervin called the September 21 , 2021 special meeting of Florence City Council to order at 3:04
p.m.

INVOCATION

Mayor Ervin gave the invocation for the meeting. The pledge of allegiance to the American Flag
followed the invocation.

INTRODUCTION OF RESOLUTIONS

Resolution No. 2021-15


A Resolution to strongly recommend and encourage all citizens to get one of the FDA approved or
authorized vaccinations for COVID-19.
FLORENCE CITY COUNCIL
SPECIAL MEETING - SEPTEMBER 21, 2021

Pro tern Jebaily made a motion to adopt Resolution No. 2021-15 and Councilwoman Barnes seconded the
motion.

Mr. Randy Osterman, City Manager, said the Resolution before Council follows the guidance of South
Carolina Department of Health and Environmental Control (SCDHEC) and the Center for Disease
Control (CDC). Both agencies have advised that a vaccination rate of 70-80% is necessary to effectively
combat the spread of COVID-19.

Councilwoman Moore said President Biden mandated that employers with more than 100 employees
require their employees to get the vaccine or be tested weekly and asked what the city is doing in
response to this mandate. Mr. Osterman said they have been instructed by South Carolina Occupational
Safety and Health Administration (OSHA) to standby for guidance and wait before beginning any action.
The city is currently offering an incentive to employees that have received a vaccine by allocating hours
to their sick leave bank.

Councilwoman Moore asked what percentage of employees are vaccinated and how often are they being
tested for COVID. Mr. Osterman replied employees are tested upon the recommendation of the Nurse
Practitioner and just under 40% are vaccinated.

Pro tern Jebaily said they have received information from local, regional, and national medical
professionals, as well as the CDC, that the way out of the pandemic is through vaccinations. The data
indicates that only 50% of those eligible have been vaccinated in Florence County. He said he believes in
Patriotic action and doing things for the greater good and made a request that all the citizens get the
vaccine and encourage others to get vaccinated.

Councilwoman Barnes said vaccinations have always been a part of people's lives and every generation
has had something they needed to be vaccinated from. There is a lot of misinformation going around and
the issue has become political. She said the issue is about saving lives and people need to listen to
medical professionals.

Councilman Braddock expressed his support of the Resolution. As Executive Director of House of Hope,
he did not want his staff to use him as an excuse to not get vaccinated.

Councilman McCall said pandemics have been defeated before by listening to doctors and getting
vaccines. He said the city is gearing up to do a vaccination campaign to help get more people vaccinated
and get the community to the 70% vaccinated range.

Mayor Ervin said the way out of the pandemic is through masks and vaccinations. She said a willingness
to wear masks to protect each other and a willingness to get the vaccine to build immunity will save lives.
The pandemic is not political, it is a public health care crisis.

Council voted unanimously (7-0) to adopt Resolution 2021-15.

INTRODUCTION OF ORDINANCES

Bill No. 2021-32


Two options for an Emergency Ordinance to replace the existing Ordinance 2021-08 and
Resolution No. 2021-15 and to extend emergency measures put in place previously by Emergency
Ordinance No. 2020-28, which consolidated Emergency Ordinance Nos. 2020-12, 2020-13 and 2020-
20 in response to the COVID-19 emergency.

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FLORENCE CITY COUNCIL
SPECIAL MEETING - SEPTEMBER 21, 2021

Pro tern Jebaily made a motion to enter into Executive Session to receive legal advice from the City
Attorney and Councilman Braddock seconded the motion. Without objection, Council entered into
Executive Session at 3:28 p.m. to receive legal advice relating to the COVID-19 pandemic.

Council resumed Open Session at 3:50 p.m.

Pro tern Jebaily made a motion to adopt "Option 2" of Bill No. 2021-32 and Councilman Braddock
seconded the motion. "Option 2" strongly encourages individuals to wear face coverings while inside
establishments open to the public or food service establishments, to include schools and daycares, and
requires face coverings to be worn while inside city buildings.

Councilwoman Moore made a motion to amend the motion to adopt "Option l" of Bill No. 2021-32 and
Mayor Ervin seconded the motion. She said "Option 2" is political and is not about keeping people safe.
More people are dying now than before, and they have to do what it takes to keep people safe. She said
she hopes it won't be for long, but "Option l" is necessary right now.

Councilwoman Barnes acknowledged that masks are important, but she is concerned because people are
using the mask as an excuse to not get vaccinated and wearing masks alone will not stop COVID. She
said people are getting COVID when they are at home with their families and not wearing masks.

Councilman Braddock said he believes in personal liberties and freedoms, but people are hiding behind
the mask and using it as an excuse to not get vaccinated. The rates of infection continuously ebb and flow
as people get together for holidays. He said the holiday season is approaching and posed an incentive for
residents. Come November, ifthere is not an increase in the vaccination rates and a decrease in
infestation rates, he will support a 60-day mask mandate ordinance. Councilman Braddock said he wants
to give people the opportunity to get the vaccine so that Council is not put in the position to force a mask
mandate. He said he trusts the citizens of Florence to do the right thing without having to be told what to
do.

Councilman McCall said he wants to give the people the opportunity to respond and do the right thing
and he also does not want to be in the position to make mandates. He said this goes hand in hand with the
vaccination campaign to get people vaccinated and move the vaccination rate to 70%.

Discussion on masks and vaccinations continued among Councilmembers. Pro tern Jebaily said both
options of the Ordinance are a statement of the importance of wearing a face mask. He pointed out some
differences in the Ordinances regarding section 6(a). "Option l" mandates masks in "establishments open
to the public" and "food service establishments" and specifically excludes schools and daycare. Pro tern
Jebaily said victims are getting younger in South Carolina and "Option 2" specifically includes and
strongly encourages the use of face masks in schools and daycares.

Mayor Ervin said "Option 2" is continuing to do what the city is already doing. She said the schools were
not addressed in "Option l" because the school board is their governing body, and all schools are not
located in the city. She said, medically speaking, a combination of vaccinations and wearing masks is the
answer to get out of the pandemic.

The motion to amend the principal motion and adopt "Option l" of Bill No. 2021-32 failed with a vote of
2-5, with Mayor Ervin and Councilwoman Moore voting in favor and Pro tern Jebaily, Councilman
Schofield, Councilman McCall, Councilwoman Barnes and Councilman Braddock voting against.

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FLORENCE CITY COUNCIL
SPECIAL MEETING - SEPTEMBER 21, 2021

The motion to adopt "Option 2" of Bill No. 2021-32 passed. Council voted 5-2 in favor of the motion to
adopt "Option 2" of the Ordinance, with Pro tern Jebaily, Councilman Schofield, Councilman McCall,
Councilwoman Barnes and Councilman Braddock voting in favor and Mayor Ervin and Councilwoman
Moore voting against.

ADJOURN

Without objection, the September 21, 2021 Special meeting of City Council was adjourned at 4:27 p.m.

Dated this 11th day of October 2021 .

Casey C. Moore, Municipal Clerk Teresa Myers Ervin, Mayor

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VI. a.
FLORENCE CITY COUNCIL MEETING Bill No. 2021-30
DATE: October 11, 2021 Second Reading
AGENDA ITEM: An ordinance authorizing a lease agreement in an amount not exceeding
$3,000,000 for lighting and other various equipment at the athletic complex

DEPARTMENT/DIVISION: Finance

I. ISSUE UNDER CONSIDERATION


For City Council consideration is an ordinance to authorize a lease agreement for lighting and other
various equipment at the athletic complex being constructed beside the tennis center.

II. CURRENT STATUS/PREVIOUS ACTION TAKEN


No previous action has been taken on this ordinance.

ill. POINTS TO CONSIDER


1. In order to keep the athletic complex project on budget, a decision was made to lease the lights and
other various equipment for this project separately.
2. The annual payments for this lease will be made from excess local option sales tax revenues.

IV. STAFF RECOMMENDATION


Approve and adopt the proposed ordinance.

V. ATTACHMENTS
A copy of the proposed ordinance is attached.

Kevin V. Yokim
Assistant City Manager City Manager
ORDINANCE NO. 2021-31

AN ORDINANCE TO AUTHORIZE THE EXECUTION AND DELIVERY OF A LEASE


PURCHASE AGREEMENT IN AN AMOUNT NOT EXCEEDING $3,000,000 RELATING TO
THE ACQUISITION OF CERTAIN LIGHTING EQUIPMENT AND ASSOCIATED
COLLATERAL AND VARIOUS OTHER EQUIPMENT AND FIXTURES FOR AN ATHLETIC
COMPLEX; TO PROVIDE FOR THE GRANTING OF A SECURITY INTEREST TO SECURE
ALL OBLIGATIONS OF LESSEE UNDER THE LEASE PURCHASE AGREEMENT; TO
AUTHORIZE THE EXECUTION AND DELIVERY OF ALL DOCUMENTS NECESSARY OR
APPROPRIATE TO THE CONSUMMATION OF SUCH LEASE PURCHASE AGREEMENT;
AND TO PROVIDE FOR OTHER MATTERS RELATED THERETO.

WHEREAS, the City of Florence, South Carolina, a public body corporate and politic and a political
subdivision organized and existing under the laws of the State of South Carolina (the "City"), proposes to
finance the acquisition of certain lighting equipment and associated collateral, bleachers, tractors and other
equipment and fixtures for the City's new athletic complex (collectively, the "Equipment") in the principal
amount not to exceed $3,000,000; and

WHEREAS, the City Council of the City of Florence (the "Council"), the governing body of the
City, has determined that such Equipment serves a valid corporate and public purpose of the City and is
appropriate and necessary to the functions and operation of the City; and

WHEREAS, the Council has further determined that it is in the best interests of the City to purchase
the Equipment through a lease-purchase financing in accordance with the terms ofthis Ordinance; and

WHEREAS, the City may pay certain capital expenditures in connection with the Equipment
prior to its receipt of proceeds of the financing ("Lease Purchase Proceeds")" for such expenditures and
·such expenditures are not expected to exceed the principal amount of the borrowing; and

WHEREAS, the U.S. Treasury Department regulations do not allow the proceeds of a tax-
exempt borrowing to be spent on working capital, and the City hereby declares, to the extent necessary,
its official intent to be reimbursed for any capital expenditures for Equipment from the Lease Purchase
Proceeds; and

WHEREAS, under the terms of a lease-purchase financing arrangement as more particularly


described herein, the City may, as determined by the City Manager, convey a security interest in the
Equipment acquired under the Agreement to the Lessor selected by the City Manager, as described herein.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL in meeting duly assembled:

ARTICLE I
AUTHORIZATION

Section 1.01 Approval of the Financing.

The Council hereby approves the entry of the City into a lease-purchase financing utilizing, among
other documents, a Lease Purchase Agreement (the "Agreement") to finance the purchase of the Equipment
and to pay the issuance costs with respect to the Agreement. The principal amount of the Agreement shall not
exceed $3,000,000 and its term shall not exceed ten years. The City's obligations under the Agreement
shall be subject to annual appropriation or renewal by the City as set forth in the Agreement and the City's
obligations under the Agreement shall not constitute general obligations of the City or indebtedness under
the Constitution or laws of the State of South Carolina.

The conveyance by the City to the Lessor or its assigns, as selected by the City Manager (the
"Lessor"), of a security interest in the Equipment acquired pursuant to the Agreement, if necessary, is hereby
approved. Further, the terms of the Agreement are in the best interests of the City for the acquisition of the
Equipment and the consummation of all transactions contemplated by the Agreement is hereby approved.

Section 1.02. Authorization to Contract.

The City Manager of the City (the "City Manager") is hereby authorized and empowered to
negotiate the award of the Agreement to the entity which, in the determination of the City Manager, offers the
terms most favorable to the City. The City Manager is further authorized and empowered to determine the
final principal amount and maturity date of the Agreement, the payment dates and sums of such principal
payments, the interest rate for the Agreement (provided that such rate of interest shall not exceed 2.00% and
the dates of such payments, the redemption provisions, terms and conditions and any such other information
as may be necessary to effect the execution of the Agreement, as all shall be set forth in a certificate signed by
the City Manager. The execution of the Agreement by the City Manager shall constitute conclusive evidence
of approval of the principal amount and rental payments due pursuant to the Agreement and the terms
thereof.

The City Manager and the Assistant City Manager (the "Authorized Officials") are hereby severally
authorized and directed to execute and deliver the Agreement, in such form as they, or either one of them
shall, shall approve, upon advice of bond counsel and not inconsistent with this Ordinance, together with all
associated documents, certificates, agreements, undertakings, and papers to the provider of the Agreement
and other appropriate parties. The execution of the Agreement by the Authorized Official shall constitute
conclusive evidence of its approval, inclusive of the terms thereof and any changes thereto. The Clerk of City
Council is hereby authorized and directed to affix the corporate seal of the City to the Agreement and any
other document executed in accordance with this Section 1.02 and to attest the same.

Section 1.03. Effective Date of Ordinance.

This Ordinance shall become effective immediately upon its adoption.

ARTICLE II
CERTAIN MATTERS PERTAINING TO THE INTERNAL REVENUE CODE

Section 2.01 General Tax Covenants.

The City will comply with all requirements of the Internal Revenue Code of 1986, as amended (the
"Code"), in order to preserve the tax-exempt status of the Agreement including without limitation, the
requirement to file the information report pertaining to the Agreement with the Internal Revenue Service.

Section 2.02 General Tax Representations and Covenants.

The City hereby represents and covenants that it will not take any action which will, or fail to take
any action which failure will, cause the interest component of payments made pursuant to the Agreement to
become includable in the gross income of the Holder thereof for federal income tax purposes pursuant to the
provisions of the Code and regulations promulgated thereunder in effect on the date of original execution of
the Agreement. Without limiting the generality of the foregoing, the City represents and covenants that:

2
(a) All property provided by the net proceeds of the Agreement will be owned by the City in
accordance with the rules governing the ownership of property for federal income tax purposes.

(b) The City shall not permit the proceeds of the Agreement or any facility financed with the
proceeds of the Agreement to be used in any manner that would result in (a) ten percent or more of such
proceeds being considered as having been used directly or indirectly in any trade or business carried on by
any natural person or in any activity carried on by a person other than a natural person other than a
governmental unit as provided in Section 141 (b) of the Code, or (b) five percent or more of such proceeds
being considered as having been used directly or indirectly to make or finance loans to any person other
than a governmental unit as provided in Section 141 (c) of the Code.

(c) The City is not a party to or nor will it enter into any contracts with any person for the use or
management of any facility provided with the proceeds of the Agreement that do not conform to the
guidelines set forth in Revenue Procedure 97-13, as may be modified by subsequent pronouncements of the
United States Treasury Department applicable thereto.

(d) The City will not sell or lease the Equipment or any property provided by the Agreement to
any person unless it obtains the opinion of nationally recognized bond counsel that such lease or sale will not
affect the tax exemption of the Agreement.

(e) The Agreement will not be federally guaranteed within the meaning of Section 149(b) of the
Code. The City has not entered into any leases or sales or service contract with any federal government
agency and will not enter into any such leases or contracts unless it obtains the opinion of nationally
recognized bond counsel that such action will not affect the tax exemption of the Agreement.

DONE IN MEETING DULY ASSEMBLED this 11th day of October, 2021.

CITY OF FLORENCE, SOUTH CAROLINA

Mayor

Attest:

Clerk

First Reading: September 13, 2021


Second Reading: October 11, 2021

3
STATE OF SOUTH CAROLINA )
) CERTIFICATE OF CLERK TO CITY COUNCIL
COUNTY OF FLORENCE )

I, the undersigned Clerk to City Council of the City of Florence, South Carolina, do hereby certify:

That the foregoing Ordinance to which this certificate is annexed, constitutes a true, correct and
verbatim copy of Ordinance No. 2021-30 of the City Council of City of Florence, South Carolina, which was
given first reading on September 13, 2021, and second and third reading and adopted at a meeting of the City
Council of City of Florence, South Carolina, on October 11, 2021, the original of which is entered in the
permanent records of Minutes of Meetings of said City Council and the ordinances adopted by said City
Council in my custody as Clerk to City Council.

That the meetings at which actions were taken on the foregoing ordinance were duly called, that a
majority of the members of the City Council were present at such meetings and remained throughout the
proceedings incident to the adoption of said ordinance; and that said ordinance has not been amended or
repealed.

IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of October, 2021.

Clerk to City Council, City of Florence


VI. b.
2021-31
FLORENCE CITY COUNCIL MEETING
Second Reading
DATE: September 13, 2021

AGENDA ITEM: An ordinance to rezone three parcels located at 900 Oakland A venue and
607 Maxwell Street, identified as TMNs 90114-13-001, 90114-13-002,
and 90114-13-013.

DEPARTMENT/DIVISION: Department of Planning, Research & Development

I. ISSUE UNDER CONSIDERATION:


Request to rezone from Neighborhood Conservation 6.1 (NC-6.1) to Commercial Reuse (CR)
approximately 0.526 acres located on Oakland Avenue and Maxwell Street, specifically identified
as Florence County Tax Map Numbers 90114-13-001, 90114-13-002, and 90114-13-013. The
request is being made by the property owner, Pumimal LLC.

II. CURRENT STATUS/PREVIOUS ACTION TAKEN:


(1) On February 9, 2021 Planning Commission held a public hearing on this matter and voted (4-
2) to recommend the rezoning request of CR, Commercial Reuse District.
(2) City Council considered the rezoning on March 8, 2021. City Council deferred the case and
requested that Planning Commission explore possible amendments to the CR District to
mitigate nuisances associated with certain commercial uses near residentially zoned areas.
(3) Staff subsequently worked with Planning Commission to draft amendments to the Unified
Development Ordinance reflecting conditional requirements within the CR District.
(4) On August 10, 2021, Planning Commission considered the text amendments prepared by
Staff and voted unanimously (7-0) to not recommend the proposed changes due to possible
unintended consequences of negatively impacting all CR zoned property within the City.
( 5) On August 10, 2021, the applicant proposed restrictive covenants for the three parcels which
restricted certain land uses on the parcels. Based on Section 4-14.3 (Covenants, Conditions,
and Restrictions) of the Unified Development Ordinance, Planning Commission voted (4-3) to
approve the proposed restrictive covenants, which now accompany the proposed rezoning.

ill. POINTS TO CONSIDER:


(1) The parcel is currently zoned NC-6.1 which is characterized by single-family detached
development with 6,000 square feet minimum lot areas and 60 feet minimum lot widths. The
adjacent developed properties are a mixture of single-family detached homes, multifamily
homes, institutional, recreational, and commercial uses.
(2) The CR District is intended to provide for low-impact commercial uses that are small-scale
and thus, may be appropriate in certain residential settings, as well as adaptive re-use of
residential buildings for limited commercial uses along major corridors.
(3) Prior to the adoption of the Unified Development Ordinance, the lots were zoned B-2,
Convenience Business District and has historically contained a small convenience/grocery
store that sells beer and wine as a continuing existing non-conforming use.
(4) The existing use of convenience/grocery store is considered an existing nonconforming use
and may continue per the nonconforming use requirements of the Unified Development
Ordinance.
(5) The owner's original request to Planning Commission was for the properties to be rezoned
Commercial General (CG) to conditionally permit a Gas Station; however, site limitations,
adjacent land uses, and buffering requirements severely limited the feasibility of this request.
(6) The owner agreed that the CR District would be more appropriate for the properties based
upon the historic character of the build environment, the historic B-2 zoning designation, the
current and proposed use of the property as well as its proximity to surrounding residences
and Dr. Iola Jones Park.
(7) The owner's plan for the parcels include construction of a convenience/grocery store on the
combined lots and demolishing the existing buildings. The new construction would require
compliance with the Unified Development Ordinance including setbacks, parking,
landscaping, and bufferyards.
(8) Based on Section 4-14.3 (Covenants, Conditions, and Restrictions) of the Unified
Development Ordinance, the applicant has proposed restrictive covenants for the three
parcels which state:
a. There shall be no private clubs on the premises.
b. Property owner is prohibited from selling alcohol for onsite consumption.
c. The City of Florence shall have the right to enforce the covenants
(9) These restrictive Covenants must be recorded by the applicant as Public Record.

IV. PERSONAL NOTES

V. ATTACHMENTS:
A. Ordinance
B. Exhibit A - Restrictive Covenants
C. Location Map
D. Current Zoning Map
E. Future Land Use Map

J~~e~oa=
Planning Director
ORDINANCE NO. 2021-- - -

AN ORDINANCE TO REZONE PROPERTY IDENTIFIED AS TAX MAP NUMBERS


90114-13-001, 90114-13-002, and 90114-13-013 LOCATED ALONG OAKLAND AVENUE
AND MAXWELL STREET FROM NC-6.1 NEIGHBORHOOD CONSERVATION-6.1
ZONING DISTRICT TO CR COMMERCIAL REUSE ZONING DISTRICT

WHEREAS, a Public Hearing was held in City Council Chambers on February 9, 2021 at 6:00
P.M. before the City of Florence Planning Commission and notice of said hearing was duly given;

WHEREAS, Pumimal LLC made application to rezone from NC-6.1, Neighborhood


Conservation-6.1 District to CR, Commercial Reuse District;

WHEREAS, based on Section 4-14.3 (Covenants, Conditions, and Restrictions) of the Unified
Development Ordinance, the applicant has proposed restrictive covenants (Exhibit A) for the three
parcels which state:
a. There shall be no private clubs on the premises.
b. Property owner is prohibited from selling alcohol for onsite consumption.
c. The City of Florence shall have the right to enforce the covenants

WHEREAS, Florence City Council concurs in the aforesaid application, findings and
recommendations:

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF


FLORENCE IN MEETING DULY ASSEMBLED AND BY THE AUTHORITY
THEREOF:

1. That an Ordinance is hereby adopted by amending the Zoning Atlas of the City of
Florence for the aforesaid property to CR, Commercial Reuse District;

2. That this Ordinance shall become effective seven days upon its approval and adoption
by the City Council of the City of Florence, r~cording of the proposed Restrictive
Covenants (Exhibit A) with the County of Florence, and posting ofthis amendment in
the official Zoning Atlas.
EXECUTED ON ONE (1) ADDITIONAL PAGE
Ordinance No. 2021-- - - - -
Page2

ADOPTED THIS - - - - - - - DAY OF -----------~


, 2021

Approved as to form:

James W. Peterson, Jr. Teresa Myers Ervin


City Attorney Mayor

Attest:

Casey C. Moore
Municipal Clerk
Exhibit A

STATE OF SOUTH CAROLINA )


) RESTRICTIVE COVENANTS OF
COUN1Y OF FLORENCE ) goo OAKLAND A VENUE

WHEREAS the undersigned is the owner of the following described real estate, to
wit:
PARCEL ONE:

All that certain piece, parcel, or lot of land, lying and being situate in the
City and County of Florence, State of South Carolina, on the East side of
Oakland Avenue at the Northeast corner of Oakland Avenue and Maxwell
Street shown and designated as Lot No. One (1) in Block "W" on a map of
Magnolia Heights made by Adams & Ervin, C.E's., dated October 29 1912,
recorded in Plat Book "B" at Page 197. Said lot measures fifty (50') feet front
on Oakland Avenue and is in depth one hundred fifty (150') feet, bounded
on the North by Lot No. Two (2) of said plat; on the East by a fifteen (15)
foot alley as shown on said plat; on the South by Maxwell Street, and on the
West by Oakland Avenue.

Tax Map No.: 90114-13-001

PARCEL1WO:

All that certain piece, parcel, or lot of land fronting fifty (50') feet on the
north side of Maxwell Street between Oakland Avenue and Rose Avenue and
being in depth one hundred fifty (150'). Being the same lot returned for
taxation in 1930, 1931, 1932, 1933, 1934 and 1935 in the name of J.C.
Wheeler, and conveyed to G.B. Stokes by Frank H. Barnwell, Forfeited Land
Commissioner for Florence County by his deed dated March 4, 1939,
recorded in Deed Book 77 at Page 1125, and being the same lot conveyed to
John B. Northcutt by G.B. Stokes by his deed dated November 28, 1949,
record in the office of the Clerk of Court for Florence County in Deed Book
134 at Page 43. This is the same property conveyed to Bipinchandra S. Patel,
Nayana B. Patel, Birju B. Patel, and Himanshu B. Patel by deed found in
Deed Book A-66 at Page 5 and recorded in the office of the Clerk of Court
for Florence County.

Tax Map No.: 90114-13-002

Page 1 of 3
PARCEL THREE:

All that certain piece, parcel or lot ofland situate, lying and being in the City
of Florence, County of Florence, State of South Carolina, on the West side
of Goose Pond Road (now Oakland Avenue), whereon it fronts for a distance
of fifty (50') feet and running back therefrom for a depth of one hundred
(100') feet and being bounded on the North by lands, now or formerly, of
J.C. Cain; on the East by Goose Pond Road (now Oakland Avenue); on the
South by Roughfork Street; and, on the West by LS. Rainwater.

Tax Map No.: 90114-13-013

These being the same properties conveyed to Purnima LLC by deed of


Bipinchandra S. Patel, Nayana B. Patel, Birju B. Patel, and Himanshu B.
Patel, dated October 21, 2020, and recorded on same in Book 881 at Page
1474 in the office of the Clerk of Court for Florence County.

WHEREAS, the undersigned believes it beneficial to place certain restrictive


covenants on the property for the benefit of the present and future owners.

1. There shall be no private clubs on the premises.

2. Property owner is prohibited from selling alcohol for onsite consumption.

3. The City of Florence shall have the right to enforce the covenants in accordance with
Sec. 4-14.3.2( c) of the City of Florence Unified Development Code.

NOW THEREFORE, the undersigned does hereby place the following restrictive
covenants on the property above described.

Page 2 of 3
WITNESS my hand and seal this ____ day of _ _ _ _ _ _ _ _ _, 2021.

Signed, Sealed and Delivered


In the Presence of:
PURNIMALLC

BY:
ITS AUTHORIZED SIGNOR

STATE OF SOUTH CAROLINA )


) PROBATE
COUNTY OF DARLINGTON )

PERSONALLY APPEARED before me the undersigned witness, who, being first


duly sworn, states that (s)he saw the within named grantor sign, seal and deliver the
within written Restrictive Covenants, and that (s)he, with the other witness, whose
signature appears above, witnessed the execution thereof.

SWORN TO BEFORE ME this


___ day of , 2021

Notary Public for South Carolina


My Commission Expires: _ __

Page 3 of 3
~
PC 2021-03 Attachment B ~

Location Map 900, 902 Oakland Ave. & 607 Maxwell St


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VII. a.
Bill No. 2021-12
FLORENCE CITY COUNCIL MEETING
First Reading
DATE: May 10, 2021

AGENDA ITEM: Ordinance to Annex and Zone the North Side of Lake Oakdale
and the Lake Oakdale Dam, a portion ofTMN 00751-01-049.

DEPARTMENT/DIVISION: Department of Planning, Research & Development

I. ISSUE UNDER CONSIDERATION:


Request to annex a portion of Tax Map Number 00751-01-049 which includes the north half of
Lake Oakdale and the dam into the City of Florence and zone to OSR, Open Space and Recreation.
The request is being made by the property owner.

II. CURRENT ST ATVS/PREVIOUS ACTION TAKEN:


On April 13, 2021, Planning Commission held a public hearing on this matter, and voted
unanimously, 7-0, to recommend the zoning request of OSR, Open Space and Recreation.

ill. POINTS TO CONSIDER:


(1) Request is being considered for first reading.
(2) City water and sewer services are not necessary; there is no cost to extend utility services.
(3) A Public Hearing for zoning was held at the April 13, 2021 Planning Commission meeting.
(4) This request includes portions of Lake Oakdale and the associated dam. The proposed zoning
of OSR is in agreement with the existing use of the property.

IV. PERSONAL NOTES:

V. ATTACHMENTS:
(1) Ordinance
(2) Vicinity Map
(3) Parcels 1 and 2 Plat
(4) Annexation Petition

Planning Director City Manager


ORDINANCE NO. 2021 _ _ __

AN ORDINANCE TO ANNEX AND ZONE THE NORTH SIDE OF LAKE OAKDALE AND THE
LAKE OAKDALE DAM, A PORTION OF TMN 00751-01-049.

WHEREAS, a Public Hearing was held in the Council Chambers on April 13, 2021at6:00 P.M. before
the City of Florence Planning C:::ommission via Zoom, and notice of said hearing was duly
given;

WHEREAS, application by Claussen Developers, LLC, owner of TMN 00751-01-049, was presented
requesting an amendment to the City of Florence Zoning Atlas that the aforesaid property
be incorporated into the City limits of the City of Florence under the provisions of Section
5-3-150(3) of the 1976 Code of Laws of South Carolina and given the zoning district
classification of OSR:

The property requesting annexation is shown more specifically on Florence County Tax Map
00751, block 01, parcel 049 and on the plat filed in Plat Book 107 at page 233.

Any portions of public rights-of-way abutting the above described property will be also included in
the annexation.

WHEREAS, Florence City Council concurs in the aforesaid application, findings and recommendations:

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF


FLORENCE IN MEETING DULY ASSEMBLED AND BY THE AUTHORITY THEREOF:

1. That an Ordinance is hereby adopted annexing into the City Limits of the City of Florence
the aforesaid property and amending the Zoning Atlas to the aforesaid zoning
classifications.
2. That this Ordinance shall become effective seven days upon its approval and adoption by
the City Council of the City of Florence and posting of this amendment in the official
Zoning Atlas.

EXECUTED ON ONE ( 1) ADDITIONAL PAGE


Ordinance No. 2021 - - - - - - -
Page2

ADOPTED THIS-~~~~~~ DAY OF ----------~ 2021

Approved as to form:

James W. Peterson, Jr. Teresa Myers Ervin~


City Attorney Mayor

Attest:

Casey C. Moore
Municipal Clerk
Lake Oakdale Annexation
April, 2021

Legend
[=:J Oakdale Annex;
• County address

N~ - - Streets
~I [:=J Parcels
14~.tl l==:J City Limits
I HEREBY STATE TO THE BEST OF MY KNOWLEDGE,
INFORMATION, AND BELIEF, THE SURVEY SHOWN HEREON
WAS MADE IN ACCORDANCE WITH THE REQUIREMENTS OF OlSTANCE
THE MINIMUM STAHDARDS MANUAL FOR THE PRACTICE OF ""24.9JT"
LAND SURVEYING IN SOUTH CAROLINA, AND MEETS OR ~
EXCEEDS THE REQUIREMENTS FOR A CLASS "8" SURVEY 'fiB:041
1-S SPECIFlED THEREIN. """'12.iiJ1
27.15'

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VICINITY MAP
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NOTES:
1l TAX MAP NO. D0075-01-020 , 00751-01-049
2 DATE OF SURVEY: AUGUST 19, 2020
3 THIS LOT IS LOCATED IN FLOOO ZONE "X"
NATIONAL FLOOD INSURANCE PROGRAM,
~
~"
f.4
,P
;:; ;_..,
Ji 00075-01-022
LAKE OAKDALE
TO BE QUIT CLAM DEEDED
TO LAKE OAKDALE LAKE ASSOCIATION
FLOOD RATE MAP DATED OEC. 16, 2014 :}' "~ l
%! ~ ~
~
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~
~

REFERENCE:
~----
(ltv 7jttJjM
1) PLAT BY ERVIN ENGINEERING DATED
MARCH 15, 1 993 FOR OAKDALE
COUNTRY CLUB.
2 PB 22/555
ARC LENGTH
41.68
126.95 I
CHORD-LENGTH
41.67
126.68
In )7-!],
3 PB 23/173 ~ 115.20
4 PB 30/210 H8.5J 99.63
5 PB 36/419 o.5.51 64.70 SURVEY FOR
6 PB 43/135 L=363.35' 70.40 67.96
THE PALMS COURSE AT OAKDALE, LLC
7 PB 84/421
8 PB 90/170
R=4175.26'
t.=04'59'10"
25.73
1311.62
43.47
140.42 "'·"'
134.58 FLORENCE COUNTY SOUTH CAROLINA
, . . _ _ _ 200'
O' _ 400' I
600'
9 PB 92/295 C LEN • 363.23' 340.73 1158.81 ' 167.09
BRG~N 64'36' 46" E 551.12 101.57 101.43
20a.65 86.95 66.32
156.65 59.17 58.BJ SCALE 1-c:1200· AUGUST 19, 2020
501.12 92.07 01.94 SURVEY AND PLAT BY
C14 287.1515 148.56 1415.91 LOWER FLORENCE COUNTY SURVEYING
C15 541.51 290.45 286.98 155 NORTH CHURCH STREET
C10 541.51 151.12 150.63
LAKE CITY, S.C. 29560
C17 476.55 279.90 275.89
843-374-8614
STATE OF SOUTH CAROLINA)
PETITION FOR ANNEXATION
COUNTY OF FLORENCE)

Petition requesting Florence City Council to enact an Ordinance annexing the area described below, that area
being the same property as shown by the map prepared by the City of Florence Planning, Research, and
Development Department, attached and incorporated by reference herein:

The undersigned freeholder property owner(s) hereby respectfully certifies, petitions, and requests of the City
Council of Florence as follows:

1. The petitioners are the sole owner(s) ofreal estate in the County of Florence, State of South Carolina
which property lies adjacent and contiguous to the corporate limits of the City of Florence.

2. That the petitioner(s) desires to annex the property more particularly described below:
SEE ATTACHED SCHEDULE A
Florence County Tax Map Number: portion of 00751-01-049

3. Annexation is being sought for the following purposes: Access to City services

4. That the petitioner(s) request that the City Council of Florence annex the above described property in
accordance with subsection 31of5-3-150(3) of the Code of Laws of South Carolina for 1976, such
section allowing the annexation of an area without the necessity of an election and referendum.

To the Petitioner: The following information needs to be completed for submittal to the City of
Florence and other government agencies for records prior to and after annexation.

Total Residents Race


Total 18 and Over Total Registered to Vote

APPLICANT (S) (Please print or type):


Name(s): Claussen Developers, LLC (B. Kendall Hiller, Attorney)

Address: P.O. Box 1461, Florence, SC 29501


Telephone Numbers: 843-669-6395 [work] _ _ _ _ _ _ _ _ _ [home]
Email Address: [email protected]

Signature
I
;JiJd:0i ~7 r
1 Date--'-fo_~f_
,_vt_11.._
tfi
_i----r~-
· ,_ hj_ ?..._l __

Certification as to ownership on the date of petition: FOR OFFICAL USE ONLY

Date -~ / i_,/ /JD ZI r; ?---y -


(/
SCHEDULE A
PROPERTY TO BE ANNEXED

Parcel 1 of 3: The parcel of land depicted as "Middle Swamp Outfall Low Area to be
Quit Claim Deeded to Lake Oakdale Lake Association" on the plat filed in the Florence
County Clerk of Court's Office on September 10, 2020 in Plat Book 107 at Page 233.

Parcel 2 of 3: The strip of land abutting Parcel 1 above depicted on the plat referenced
above as "DAM", being bound as follows: on its southernmost end by Tract 5 as shown
on the above referenced plat; on its eastern line by Parcel 1 above and Tract 6 depicted
on the above reference plat; on its northernmost line by property of Risen Christian
Church (tax parcel 00751-01-289); and on its westernmost line by Lake Oakdale.

Parcel 3 of 3: The portion of Tax Parcel Number 00751-01-049 comprising essentially


the northern half of Lake Oakdale, bounded as follows: on the south by Parcels 00075-
01-022 and 00075-01-237; on the east by a portion of Parcel 2 above; on the West by
Parcels 00075-01-021 and 0051-01-003 and on its northern most line by the rear property
lines of various residential parcels that front on West Lake Drive; this Parcel 3 to be
annexed also abuts two (2) portions of West Lake Drive - one near its northeastern end
between Tax Parcels 00751-01-285 and 00751-01-040 and the other near its southern
end between Tax Parcels 00751-01-281, 00751-01-282 and 00751-01-289.
Vil. b.
Bill No. 2021-33
FLORENCE CITY COUNCIL MEETING First Reading

DATE: October 11, 2021

AGENDA ITEM: An ordinance for the City of Florence to enter into a


Development Agreement and zone RG-3, Residential General-3,
pending annexation, 106 acres located at Redbud Lane and
Howe Springs Road, identified as Florence County Tax Map
Number 00152-01-021.

DEPARTMENT/DIVISION: Planning, Research, & Development

I. ISSUE UNDER CONSIDERATION:


An ordinance for the City of Florence to enter into a Development Agreement and zone RG-3,
Residential General-3, pending annexation, 106 acres located at Redbud Lane and Howe Springs
Road, identified as Florence County Tax Map Number 00152-01-021.

II. CURRENT ST ATVS/PREVIOUS ACTION TAKEN:


1. On September 14, 2021, Planning Commission held the first of two required public hearings
on this matter, and voted unanimously, 7-0, to recommend the zoning request ofRG-3,
Residential General 3, upon annexation.
2. The second of two public hearings will be held at the next scheduled City Council meeting on
October 11, 2021.
3. No action has been taken by City Council.

ill. POINTS TO CONSIDER:


1. Request is being considered for first reading.
2. The State of South Carolina established the South Carolina Local Government Development
Agreement Act in 1993 authorizing local governmental entities to enter into development
agreements which the state recognized as a valuable tool to be utilized to encourage healthy
and appropriate growth through facilitation of private development.
3. The developer of the above referenced property, requests to zone RG-3 at the time annexation
is requested. A preliminary plan showing the property boundary and lot layout has been
submitted (Attachment 3).
4. Per the Development Agreement, annexation will be requested prior to development of the
property, but is not for consideration at this time.

IV. ATTACHMENTS:
1. Ordinance
2. Development Agreement
3. Preliminary sketch plan

c~~~
Assistant City Manager
~~. &~-·
~OstermaI:
City Manager
ORDINANCE NO. 2021-- - -

AN ORDINANCE FOR THE CITY OF FLORENCE TO ENTER INTO A


DEVELOPMENT AGREEMENT AND ZONE RG-3, RESIDENTIAL GENERAL-3,
PENDING ANNEXATION, 106 ACRES LOCATED AT REDBUD LANE AND HOWE
SPRINGS ROAD, IDENTIFIED AS FLORENCE COUNTY TAX MAP NUMBER 00152-
01-021:

WHEREAS, the first of two a Public Hearings was held in the City Center Council Chambers
on September 14, 2021 at 6:00 P.M. before the City of Florence Planning Commission and
notice of said hearing was duly given;

WHEREAS, the second of two Public Hearings was held in the City Center Council Chambers
on October 11, 2021 at 1:00 P.M. before the City of Florence City Council and notice of said
hearing was duly given;

WHEREAS, the Developer/Future Owner of the "Bluffs at Mill Creek" property shall annex and
zone Residential General - 3 (RG-3), the above referenced property upon administrative review
and approval of the development plan;

WHEREAS, the State of South Carolina established the South Carolina Local Government
Development Agreement Act in 1993 authorizing local governmental entities to enter into
development agreements which the state recognized as a potentially valuable tool to be utilized
to encourage healthy and appropriate growth through facilitation of private development.

WHEREAS, Florence City Council concurs in the aforesaid Development Agreement, findings
and recommendations:

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF


FLORENCE IN MEETING DULY ASSEMBLED AND BY THE AUTHORITY
THEREOF:

1. That an Ordinance is hereby adopted to enter into a Development Agreement between the
City of Florence, the Developer/Future Owner, and the Owner of the property and future
development of the "Bluffs at Mill Creek" (Attachment 2), and authorizing the City
Manager to execute all documents associated therewith, properties being specifically
designated in the Florence County Tax Records as Tax Map Parcel 00152-01-021;
2. That this Ordinance shall become effective seven days upon its approval and adoption by
the City Council of the City of Florence and posting of this amendment in the official
Zoning Atlas.

ADOPTED THIS_ _ _ _ _ _ DAY OF _ _ _ _ _ _ _ _ _ , 2021

Approved as to form:

James W. Peterson, Jr. Theresa Myers Ervin,


City Attorney Mayor

Attest:

Casey C. Moore
Municipal Clerk
STATE OF SOUTH CAROLINA DEVELOPMENT AGREEMENT
TMN: 000152-01-021 (106.10 Acres)
CITY OF FLORENCE

This Development Agreement ("Agreement") is made and entered this _ _ day of 2021,
by and between Tri-Zenith Company, LLC ("Owner"), D.R. Horton, Inc. ("Developer"), and the
governmental authority of City of Florence, South Carolina ("City of Florence").

WHEREAS, the legislature of the State of South Carolina has enacted the "South Carolina Local
Government Development Agreement Act, (the "Act") as set forth in Sections 6-31610 through 6-31-160
of the South Carolina Code of Laws (1976), as amended; and

WHEREAS, the Act recognizes that "The lack of certainty in the approval of development can
result in a waste of economic and land resources, can discourage sound capital improvement planning
and financing, can cause the cost of housing and development to escalate, and can discourage
commitment to comprehensive planning. "[Section 6-31.10 (B)(l]; and,

WHEREAS, the Act also states: "Development agreements will encourage the vesting of property
rights by protecting such rights from the effect of subsequently enacted local legislation or from the
effects of changing policies and procedures of local government agencies which may conflict with any
term or provision of the Development Agreement or in any way hinder, restrict, or prevent the
development of the project. Development Agreements will provide a reasonable certainty as to the lawful
requirements that must be met in protecting vested property rights, while maintaining the authority and
duty of government to enforce laws and regulations which promote the public safety, health, and general
welfare of the citizens of our state. "[Section 6-31.10 (B)(l]; and,

WHEREAS, the Act further authorizes local governments, including City governments, to enter
Development Agreements with owners to accomplish these and other goals as set forth in Section 6-31-
10 of the Act; and,

WHEREAS, Owner presently owns title to, approximately 106.10 acres, bordered by E Howe
Springs Rd to the south, E Redbud Ln to the west, and Middle Swamp to the north, hereinafter The Bluffs
at Mill Creek, and Developer/Future Owner is in the process of acquiring title to said property and
proposes to develop, or cause to be developed single-family residential and conservation uses; and,

WHEREAS, the City of Florence seeks to protect and preserve the natural environment and to
secure for its citizens quality, well planned and designed development and a stable and viable tax base;
and,
WHEREAS, the City of Florence finds that the program of development proposed by Owner for
this Property is consistent with City of Florence's comprehensive land use plan; and will further the health,
safety, welfare and economic well being of City of Florence and its residents; and,

WHEREAS, the program for development of the Property presents an unprecedented opportunity
for City of Florence to secure quality planning and growth, protection of the environment and a
strengthened and revitalized tax base; and,

WHEREAS, this Development Agreement is being made and entered between Owner,
Developer/Future Owner, and City of Florence, under the terms of the Act, for the purpose of providing

1
assurances to Owner that it may proceed with its development plan under the terms hereof, as
hereinafter defined, without encountering future changes in law which would materially affect the ability
to develop under the plan, and for the purpose of providing important protection to the natural
environment and long term financial stability and a viable tax base to City of Florence.

NOW THEREFORE, in consideration of the terms and conditions set forth herein, and other good
and valuable consideration, including the potential economic benefits to both City of Florence and Owner
by entering this Agreement, and to encourage well planned development by Owner, the receipt and
sufficiency of such consideration being herby acknowledge, City of Florence, Owner, and
Developer/Future Owner hereby agree as follows:

I. INCORPORATION
The above recitals are hereby incorporated into this Agreement, together with the South Carolina
General Assembly findings as set forth under Section 6-31-lO{B) of the act.

II. DEFINITIONS
As used herein, the following terms mean:

"Act" means the South Carolina Local Government Development Agreement Act, as Codified in
Sections 6-31-10 through 6-31-160 of the Code of Laws of South Carolina {1976), as amended;
attached hereto as EXHIBIT A.

"Bluffs at Mill Creek" means that certain tract of land described on EXHIBIT B.

"Developer/Future Owner" means D.R. Horton, Inc. and all successors in title or lessees of D.R.
Horton, Inc. who undertake Development of the Property or who are transferred Development Rights.

"Development" means the definition of development as set forth in the City of Florence Unified
Development Ordinance at the time of this adopted ordinance.

"Development Rights" means Development undertaken by the Owner or Developers in


accordance with the Unified Development Ordinance and this Development Agreement.

"Duplex" means a single-family attached unit type that includes two units that are attached along
a common wall or separated by a floor that is not penetrated for the purpose of interior access between
the two units. The standard duplex has side-by-side units with a common wall {the units may be divided
into separate lots along the common lot line for individual fee-simple ownership). The units in the over-
under duplex are located on different floors {the units may be accessed via separate outside entrances or
through a common foyer area). Vehicular access to duplex homes in either style is from the street or from
an alley.
"Mixed Use" means development in which a combination of residential and commercial uses
{e.g., residential-over-retail), or several classifications of commercial uses {e.g., office and retail), are
located on the same parcel proposed for development.

"Multi-family Residential" means a building that includes three or more dwelling units, which is
not designed as townhomes or multiplex buildings. Multifamily also means two or more residential units
that are located on the upper floors of a mixed-use building.

2
"Multiplex also Quadraplex" means a residential building that is constructed to look like a large
single-family detached residence.

"Owner" means Tri-Zenith Company, LLC, its heirs and assigns.

"Property" means that tract of land described on EXHIBIT B.

"Term" means the duration of this agreement as set for in Section Ill hereof.

"Townhome" means three or more attached dwelling units that are arranged in rows with
common side walls.

"Zoning Regulations" means the approval by the City Council of the City of Florence, herein after
referred to as "City of Florence" on , 2021 establishing the zoning designation for the
Property upon annexation, as defined in the Unified Development Ordinance, and this Development
Agreement.

Ill. TERM.
The term of this Agreement shall commence on the date this Agreement is executed by City of
Florence and Owner and the terminate five (5) years thereafter; provided however, that if at the
expiration of the term Owner or its successors or assign have commenced development under the
provisions hereof, the provisions of the Unified Development Ordinance shall be deemed vested against
any future changes to City of Florence law which would materially affect the ability of the Owner or
Developers to carry out the development plan as approved under the Unified Development Ordinance
upon annexation.

IV. AGREEMENT TO ANNEX


The Developer/Future Owner and its successors and assigns hereby agree to annex and zone RG-
3, Residential General-3, the property as described in this ordinance, at the time of development of each
phase of the development. In consideration of the agreement to annex, the City of Florence hereby agrees
to accept and assume ownership of certain water and sewer infrastructure, established elsewhere in this
Development Agreement, immediately following annexation and in conjunction with the development.

V. DEVELOPMENT OF THE PROPERTY.


The Property shall be developed in accordance with the Unified Development Ordinance and this
Development Agreement. City of Florence shall, throughout the Term, maintain or cause to be
maintained, a procedure for the processing of reviews as contemplated by the Unified Development
Ordinance.

VI. CHANGES TO ZONING REGULATIONS.


No changes in the Unified Development Ordinance shall affect the Property subject to this
Development Agreement shall not be amended or modified during the Term, without the express written
consent of the Owner. Owner does, for itself and its successors and assigns, including Developers and
notwithstanding the Zoning Regulations, agrees to be bound by the following:

1. The Owner shall be required to notify City of Florence, in writing, as and when
Development rights are transferred to any other party. Such information shall include the identity and

3
address of the acquiring party, a proper contact person, the location and number of acres of the Property
transferred, and the number of residential units and/or commercial acreage, as applicable, subject to the
transfer. Developers transferring Development Rights to any other party shall be subject to this
requirement of notification, and any entity acquiring Development Rights hereunder shall be required to
file with City of Florence an acknowledgment of this Development Agreement and a commitment to be
bound by it.

2. The Owners and Developer/Future Owner, and their respective heirs, successors and
assigns agree that all development, with the exception of irrigation, incidental maintenance facilities and
facilities existing at the date of this Development Agreement will be served by potable water and sewer
through the City of Florence, upon annexation, prior to occupancy, except as otherwise provided herein
for temporary use of wells, and/or septic tanks (or similar devices).

VII. DEVELOPMENT SCHEDULE


The Development Schedule

Years 0-5 include: Phase I -101 Lots


Phase II - 56 Lots

Years 5-10 include: Phase Ill - 78 Lots

Pursuant to the Act, the failure of the Owner and any subsequent Owner to meet an implied
development schedule shall not, in and of itself, constitute a material breach of this agreement. In such
an event, the failure to meet the development expectation or sequence of development shall be judged
by the totality of circumstances, including but not limited to the Owners and Developer/Future Owner(s)
good faith efforts to attain compliance with the development. Any implied phases or schedules are
planning and forecasting tools only. The fact that actual development may take place at a difference pace
or sequence, based on future market forces, is expected and shall not be considered a default hereunder.
Furthermore, periodic adjustments which may be submitted by Owner I Developers in the future shall
not be considered a material amendment or breach of the Agreement.

VIII. DEVELOPMENT STANDARDS


The Developer/Future Owner shall develop The Bluffs at Mill Creek to the RG-3 standards
applicable to the Unified Development Ordinance.

The Developer/Future Owner shall submit specific plans with each phase as he requests
annexation and must follow the Development Review Procedures as outlined within the city's Unified
Development Ordinance.
IX. RESTRICTED ACCESS
Owner and/or Developer/Future Owner shall have the right to develop restricted access
communities within the Property in accordance with the Unified Development Ordinance, but shall not
be required to do so in the future. In the event a restricted access community is developed, access to
publicly owned infrastructure and facilities shall be afforded at all times and under any circumstances.
Access shall also be afforded to emergency service providers such as police, fire, EMS, etc.

X. EFFECT OF FUTURE LAWS

4
Owner and Developer/Future Owner shall have vested rights to undertake Development of any
or all of the Property in accordance with the Unified Development Ordinanc~, as defined herein and
modified hereby, and as may be modified in the future pursuant to the terms hereof, and this
Development Agreement for the entirety of the Term. Future enactments of, or changes or amendments
to City of Florence ordinances, including zoning or development standards ordinances, which conflict with
the Unified Development Ordinance in effect at the time of adoption of this Agreement shall not apply to
the Property unless the Owner and/or Developer/Future Owner(s) consent to such modification.

The parties specifically acknowledge that this Agreement shall not prohibit the application of any
future building, housing, electrical, plumbing, gas or other standard codes, or any tax or fee of general
application throughout the City of Florence. Owner(s) shall pay all applicable service fees, connection
fees, assessments and taxes that are approved and adopted by City Council which are applied to all other
properties within the jurisdiction of the City of Florence. Special assessments or impact fees not levied
against other properties, however, shall not be applied to the property without the consent of the
Owner(s).

XI. INFRASTRUCTURE AND SERVICES


City of Florence and Owner recognize that the majority of the direct costs associated with the
Development of the property will be borne by the Owner and Developer/Future Owner, and many other
necessary services will be provided by other governmental or quasi-governmental entities, and not by City
of Florence. For clarification, the parties make specific note of and acknowledge the following:

A. ROADS WITHIN DEVELOPMENT. All roads within the Property shall be constructed by the
Owner and to the specifications and standards of the Unified Development Ordinance, and maintained by
it and/or an Owner's Association or dedicated for maintenance to the City of Florence. The City of
Florence will not be responsible for the construction of any roads within the Property unless City of
Florence specifically agrees to such in the future. Any private roads built or constructed within this
development shall adhere to the provisions of the City of Florence Unified Development Ordinance, in
effect at the time of adoption of this agreement, and shall be maintained by it and/or an Owner'.

B. PUBLIC ROADS. The Property shall be served by direct access to E Howe Springs Road and E
Redbud Lane as shown on the General Development Plan.

C. POTABLE WATER. Potable water is currently available to the Property. The City of Florence will
not be responsible for the construction of any water distribution lines within the Property. Any water
distribution lines built or constructed within this development shall adhere to the provisions of the City
of Florence Code of Ordinances and the Unified Development Ordinance, in effect at the time of adoption
of this agreement. Upon completion water distribution lines, at the discretion of the Developer/Future
Owner, the water distribution lines maybe maintained as private or offered to the City of Florence as part
of the public system. Upon acceptance by the City of Florence, the City of Florence shall maintain the
water distribution system in the same manner as other developments within the City. If water distribution
lines are maintained as private, the City of Florence will have no responsibility to maintain such private
water systems. All fees and charges associated with the treatment and provision of potable water shall
be levied and paid by the Developer/Future Owner or residents of the Property. Nothing contained in this
Agreement shall be interpreted to allow the Developer/Future Owner to resell water as prohibited within
the City of Florence Code of Ordinances.

5
D. SEWAGE TREATMENT AND DISPOSAL. Sewer is currently unavailable to the Property;
however, the City of Florence agrees to accept the sewer discharge from the development should the
owner make improvements to connect to the City's sewer main. The City of Florence agrees to work with
the Developer/Future Owner at a location mutually agreeable between the City of Florence and the
Developer/Future Owner to construct and connect to the City of Florence public sewage system. The City
of Florence will not be responsible for the construction of any sewer collection lines within the Property.
Any sewer collection lines built or constructed within this development shall adhere to the provisions of
the City of Florence Code of Ordinances and the Unified Development Ordinance, in effect at the time of
adoption of this agreement. Upon completion of sewer collection lines, at the discretion of the
Developer/Future Owner, the sewer collection lines maybe maintained as private or offered to the City of
Florence as part of the public system . Upon acceptance by the City of Florence, the City of Florence shall
maintain the sewer collection system in the same manner as other developments within the City. If sewer
collection lines are maintained as private, the City of Florence will have no responsibility to maintain such
private sewage systems. All fees and charges associated with the treatment and provision of sewage
service shall be levied and paid by the Developer/Future Owner or residents of the Property. Nothing
contained in this Agreement shall be interpreted to allow the Developer/Future Owner to resell sewer
services as prohibited within the City of Florence Code of Ordinances.

E. USE OF EFFLUENT. Owner agrees that treated effluent will be disposed of only in such manner
as may be approved by DHEC and the City of Florence.

F. OTHER SERVICES/ FUTURE AGREEMENTS. The development activity which is authorized and
vested under this Development Agreement is allowable, in general terms, under existing City of Florence
law. Normal City of Florence services, such as fire protection, police protection will be made available to
this Property, on the same basis as would occur for the development if a Development Agreement had
not been requested or approved. The parties recognize that as future development unfolds on the
Property, the Owner or Developer/Future Owners may request enhanced services, beyond the normal
services which would otherwise be provided. Development within the Property shall be entitled to all
normal services provided to other property within the City of Florence with the understanding that all
development within the Property will be subject to all City of Florence taxes of universal application within
City of Florence as well as any special service district taxes which may apply to all other new and existing
properties and development within the area, such as Fire District millage rates. City of Florence will not
be required to provide enhanced services in the future at the expense of other City of Florence residents
unless future arrangements are made by amendment to this Agreement to provide payment for such
enhanced services. Normal service will be considered a matter of right within this Property on the same
basis as all other City of Florence property.

XII. COMPLIANCE REVIEWS


As long as Owner owns any of the Property; Owner, or its designee, shall meet with the City of
Florence, or its designee, at least once per year as required by South Carolina state law during the Term
to review Development completed in the prior year and the Development anticipated to be commenced
or completed in the ensuing year. The Owner, or its designee, shall be required to provide such
information as may reasonably be requested to include but not be limited to acreage of the Property sold
in the prior year, acreage of the Property under contract, the number of certificates of occupancy issued
in the prior year, and the number anticipated to be issued in the ensuing year, Development Rights
transferred in the prior year, and anticipated to be transferred in the ensuing year, the Owner, or its
designee, shall be required to compile this information.

6
XIII. DEFAULTS
The failure of the Owner, Developer/Future Owner or City of Florence to comply with the terms
of this Agreement shall constitute a default, entitling the non-defaulting party to pursue such remedies
as deemed appropriate, including specific performance and the termination of this Development
Agreement in accordance with the Act; provided however no termination of this Development Agreement
may be declared by the City of Florence absent its according the Owner and any relevant Developer the
notice, hearing and opportunity to cure in accordance with the Act; and provided further that nothing
herein shall be deemed or construed to preclude the City of Florence or its designee from issuing stop
work orders or voiding permits issued for Development when such Development contravenes the
provisions of the Zoning Regulations of this Development Agreement. A default of the Owner shall not
constitute a default by Developer/Future Owner, default by a developer shall not constitute a default by
the Owner.

XIV. MODIFICATION OF AGREEMENT


This Development Agreement may be modified or amended only by the written agreement of the
City of Florence and the Owner. No statement, action or agreement hereafter made shall be effective to
change, amend, waive, modify, discharge, terminate or effect an abandonment of this Agreement in
whole or in part unless such statement, action or agreement is in writing and signed by the party against
whom such change, amendment, waiver, modification, discharge, termination or abandonment is sought
to be enforced .

XV. NOTICES
Any notice, demand, request, consent, approval or communication which a signatory party is
required to and may give to another signatory party hereunder shall be in writing and shall be delivered
or addressed to the other at the address below set forth or to such other address as such party may from
time to time direct by written notice given in the manner herein prescribed, and such notice or
communication shall be deemed to have been given or made when communicated by personal delivery
or by independent courier service or by facsimile or if by mail on the fifth (51h) business day after the
deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as
hereinafter provided .

All notices, demands, requests, consents, approvals or communications to City of Florence shall be
addressed to

The City at:

And to the Owner at:

With Copy to:

7
XVI. ENFORCEMENT
Any party hereto shall have the right to enforce the terms, provisions and conditions of the
Agreement by any remedies available at law or in equity, including specific performance, and the right to
recover attorney's fees and costs associated with said enforcement.

XVII. GENERAL SUBSEQUENT LAWS.


In the event state or federal laws or regulations are enacted after the execution of this
Development Agreement or decisions are issued by a court of competent jurisdiction which prevent or
preclude compliance with the Act or one or more provisions of this Agreement {"New Laws"), the
provisions of this Agreement shall be modified or suspended as may be necessary to comply with such
New Laws. Immediately after enactment of any such New Law, or court decision, a party designated by
the Owners, and Owners and City of Florence shall meet and confer in good faith in order to agree upon
such modification or suspension based on the effect such New Law would have on the purposes and intent
on this Agreement. During the time that these parties are conferring on such modification or suspension
or challenging the new Laws, City of Florence may take reasonable action to comply with such New Laws.
Should these parties be unable to agree to a modification or suspension, either may petition a court of
competent jurisdiction for an appropriate modification or suspension of this Agreement. In addition, the
Owner, Developer/Future Owner and City of Florence each shall have the right to challenge the New Law
preventing compliance with the terms of this Agreement. In the event that such challenge is successful,
this Agreement shall remain unmodified and in full force and effect.

ESTOPPEL CERTIFICATE. City of Florence, the Owner or any Developer may, at any time, and from
time to time, deliver written notice to the other applicable party requesting such party to certify in writing:
(1) that this Agreement is in full force and effect
{2) that this Agreement has not been amended or modified, or if so amended, identifying the
amendments
{3) whether, to the knowledge of such party, the requesting party is in default or claimed
default in the performance of its obligations under this Agreement, and, if so, describing
the nature and amount, if any, of such default or claimed default, and
{4) whether, to the knowledge of such party, any event has occurred or failed to occur which,
with the passage of time or the giving of notice, or both would constitute a default and if
so, specifying each such event.

ENTIRE AGREEMENT. This agreement sets forth, and incorporates by reference all of the
agreements, conditions and understandings among City of Florence, Owner, and Developer/Future
Owner relative to the Property and its Development and there are no promises, agreements, conditions
or understandings, oral or written, expressed or implied, among these parties relative to the matters
addressed herein other than as set forth or as referred to herein.

NO PARTNERSHIP OR JOINT VENTURE. Nothing in this Agreement shall be deemed to create a


partnership or joint venture between The City of Florence, the Owner or any Developer or to render such
party liable in any manner for the debts or obligations of another party.

EXHIBITS. All exhibits attached hereto and/or referred to in this Agreement are incorporated
herein as though set forth in full.

CONSTRUCTION. The parties agree that each party and its counsel have reviewed and revised
this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against

8
the drafting party shall not apply in the interpretation of this agreement or any amendments or exhibits
hereto.

ASSIGNMENTS. Subject to the notification provisions hereof, Owner may assign its rights and
responsibilities hereunder to subsequent land owners and Developers.

GOVERNING LAW. This Agreement shall be governed by the laws of the State of South Carolina.

COUNTERPARTS. This Agreement may be executed in several counterparts, each of which shall
be deemed original, and such counterparts shall constitute but one and the same instrument.

AGREEMENT TO COOPERATE. In the event of any legal action instituted by a third party or other
governmental entity or official challenging the validity of any provision of this Agreement, the parties
hereby agree to cooperate in defending such action; provided, however, each party shall retain the right
to pursue its own independent legal defense.

EMINENT DOMAIN. Nothing contained in this Agreement shall limit, impair or restrict the City of
Florence's right and power of eminent domain under the laws of the State of South Carolina.

NO THIRD PARTY BENEFICIARIES. The provisions of this Agreement may be enforced only by the
City of Florence, the Owner and Developer/Future Owners. No other persons shall have any rights
hereunder.

XVIII. STATEMENT OF REQUIRED PROVISIONS


A. Specific Statements. The Act requires that a development agreement must include certain
mandatory provisions, pursuant to Section 6-31-60 (A). Although certain of these items are
addressed elsewhere in this Agreement, the following listing of the required provisions is set
forth for convenient reference. The numbering below corresponds to the numbering utilized
under Section 6-31-60 (A) for the required items:

1. LEGAL DESCRIPTION OF PROPERTY AND LEGAL AND EQUITABLE OWNERS. The legal
description of the property is set forth in EXHIBIT B attached hereto. The present legal
Owner of the Property is or its affiliated entity, and the equitable
owner is who will take title prior to the recording hereof.

2. DURATION OF AGREEMENT. The duration of this Agreement is five (5) years.

3. PERMITTED USES, DENSITIES, BUILDING HEIGHTS AND INTENSITIES. A complete listing


and description of permitted uses, population densities, building intensities and heights,
as well as other development - related standards, are contained in the Unified
Development Ordinance of the City of Florence.

4. REQUIRED PUBLIC FACILITIES. The utility services available to the Property are described
generally above regarding electrical services, telephone service and solid waste disposal.
The mandatory procedures of the Unified Development Ordinance will ensure availability
of roads and utilities to serve the residents on a timely basis.

9
5. DEDICATION OF LAND AND PROVISIONS TO PROTECT ENVIRONMENTALLY SENSITIVE
AREAS. No dedications of land to the public are required hereunder. The Unified
Development Ordinance described above, and incorporated herein; contain numerous
provisions for the protection of environmentally sensitive areas. All relevant State and
Federal laws will be fully complied with, in addition to the important provisions set forth
in this Agreement.

6. LOCAL DEVELOPMENT PERMITS. The Development standards for the Property shall be
shall be as set forth in the Zoning Regulations. Specific permits must be obtained prior to
commencing Development, consistent with the standards set forth in the Unified
Development Ordinance . Building Permits must be obtained under applicable law for any
vertical construction, and appropriate permits must be obtained from the State of South
Carolina and Army Corps of Engineers, when applicable, prior to any impact upon
freshwater wetlands. It is specifically understood that the failure of this Agreement to
address a particular permit, condition, term or restriction does not relieve the Owner, its
successors and assigns, of the necessity of complying with the law governing the
permitting requirements, conditions, terms of restrictions, unless otherwise provided
hereunder.

7. COMPREHENSIVE PLAN AND DEVELOPMENT AGREEMENT. The Development permitted


and proposed under the Unified Development Ordinance, is consistent with the
Comprehensive Plan and with current land use regulations of the City of Florence, South
Carolina.

8. TERMS FOR PUBLIC HEALTH, SAFETY AND WELFARE. The City Council finds that all issues
relating to public health, safety and welfare have been adequately considered and
appropriately dealt with under the terms of this Agreement, the Zoning Regulations and
existing laws.

9. HISTORICAL STRUCTURES. No specific terms relating to historical structures are


pertinent to this Development Agreement. Any historical structure or sites will be
addressed through the permitting process at the time of development, as required by the
Zoning Regulations, and no exception from any standard is hereby granted.

IN WITNESS WHEREOF, the undersigned parties have executed this Development Agreement on the date
set forth beneath their respective signatures.

WITNESSES: City of Florence

By: _ _ _ _ _ _ _ _ _ _ __

10
Tri-Zenith Company, LLC

Date: _ _ _ _ _ _ _ _ _ _ _ _ __

D.R. Horton, Inc.

By: _ _ _ _ _ _ _ _ _ _ _ __

Date: _ _ _ _ _ _ _ _ _ _ _ _ __

STATE OF SOUTH CAROLINA


ACKNOWLEDGMENT
COUNTY OF FLORENCE

I, the undersigned Notary Public, do herby certify that Randy S. Osterman, as City Manager of
the City of Florence, known to me (or satisfactorily proven) to be the person whose name is subscribed
to the within document, personally appeared before me this day and acknowledged the due execution of
the foregoing instrument.

Witness my hand and official seal this _ _ day of _ _ _ _ _ _ _ _ _ _ _ 2021.

_ _ _ _ _ _ _ _ _ _ (SEAL)
Notary Public for South Carolina
My Commission Expires: _ _ _ __

STATE OF SOUTH CAROLINA


ACKNOWLEDGMENT
COUNTY OF FLORENCE

I, the undersigned Notary Public, do herby certify that _ _ _ _ _ _ _ _ _ _ _ _ _ __,


as authorized agent for Tri-Zenith Company, LLC, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within document, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.

Witness my hand and official seal this _ _ day of _ _ _ _ _ _ _ _ _ _ _ 2021.

_ _ _ _ _ _ _ _ _ _ (SEAL)
Notary Public for South Carolina
My Commission Expires: _ _ _ __

11
STATE OF SOUTH CAROLINA
ACKNOWLEDGMENT
COUNTY OF FLORENCE

I, the undersigned Notary Public, do herby certify that _ _ _ _ _ _ _ _ _ _ _ _ __ ,


as authorized agent for D.R. Horton, Inc., known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within document, personally appeared before me this day and acknowledged
the due execution of the foregoing instrument.

Witness my hand and official seal this _ _day of _ _ _ _ _ _ _ _ _ _ 2021.

_ _ _ _ _ _ _ _ _ (SEAL)
Notary Public for South Carolina
My Commission Expires: _ _ _ __

12
EXHIBIT A

SOUTH CAROLINA LOCAL GOVERNMENT


DEVELOPMENT AGREEMENT ACT
CHAPTER 31:
SECTION 6-31-10
SECTION 6-31-160

13
Exhibit A

Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions

CHAPTER 31

South Carolina Local Government Development Agreement Act

SECTION 6-31-10. Short title; legislative findings and intent; authorization for development agreements; provisions are
supplemental to those extant.

(A) This chapter may be cited as the "South Carolina Local Government Development Agreement Act".

(8)(1) The General Assembly finds: The lack of certainty in the approval of development can result in a waste of
economic and land resources, can discourage sound capital improvement planning and financing, can cause the cost of
housing and development to escalate, and can discourage commitment to comprehensive planning.

(2) Assurance to a developer that upon receipt of its development permits it may proceed in accordance with existing
laws and policies, subject to the conditions of a development agreement, strengthens the public planning process,
encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities
for the development, encourages private participation in comprehensive planning, reduces the economic costs of
development, allows for the orderly planning of public facilities and services, and allows for the equitable allocation of the
cost of public services.

(3) Because the development approval process involves the expenditure of considerable sums of money, predictability
encourages the maximum efficient utilization of resources at the least economic cost to the public.

(4) Public benefits derived from development agreements may include, but are not limited to, affordable housing, design
standards, and on and off-site infrastructure and other improvements. These public benefits may be negotiated in return
for the vesting of development rights for a specific period .

(5) Land planning and development involve review and action by multiple governmental agencies. The use of
development agreements may facilitate the cooperation and coordination of the requirements and needs of the various
governmental agencies having jurisdiction over land development.
(5) Development agreements will encourage the vesting of property rights by protecting such rights from
the effect of subsequently enacted local legislation or from the effects of changing policies and
procedures of local government agencies which may conflict with any term or provision of the
development agreement or in any way hinder, restrict, or prevent the development of the project.
Development agreements will provide a reasonable certainty as to the lawful requirements that must
be met in protecting vested property rights, while maintaining the authority and duty of government to
enforce laws and regulations which promote the public safety, health, and general welfare of the
citizens of our State.

(C) It is the intent of the General Assembly to encourage a stronger commitment to comprehensive
and capital facilities planning, ensure the provision of adequate public facilities for development,
encourage the efficient use of resources, and reduce the economic cost of development.

(D) This intent is effected by authorizing the appropriate local governments and agencies to enter into
development agreements with developers, subject to the procedures and requirements of this chapter.

(E) This chapter must be regarded as supplemental and additional to the powers conferred upon local
governments and other government agencies by other laws and must not be regarded as in
derogation of any powers existing on the effective date of this chapter. HISTORY: 1993 Act No. 150,
Section 1.

SECTION 6-31-160. Agreement may not contravene or supersede building, housing, electrical, plumbing , or gas code;
compliance with such code if subsequently enacted.

Notwithstanding any other provision of law, a development agreement adopted pursuant to this chapter must comply
with any building, housing, electrical, plumbing, and gas codes subsequently adopted by the governing body of a
municipality or county as authorized by Chapter 9 of Title 6. Such development agreement may not include provisions
which supersede or contravene the requirements of any building, housing, electrical, plumbing, and gas codes adopted
by the governing body of a municipality or county. HISTORY: 1993 Act No. 150, Section 1.

14
EXHIBIT B

LEGAL DESCRIPTION

(The legal description is currently being finalized and will be provided


prior to second reading of City Council.)

14
Location Map Redbud Lan.e & Howe Springs Road

Legend
~Parcels

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VII. c.
Bill No. 2021-34
FLORENCE CITY COUNCIL MEETING First Reading

DATE: October 11, 2021

AGENDA ITEM: Ordinance to Rezone from UR to DS the parcel located at 257


North Coit Street, TMN 90073-05-005.

DEPARTMENT/DIVISION: Department of Planning, Research, & Development

I. ISSUE UNDER CONSIDERATION:


A request to rezone from UR to DS the parcel located at 257 North Coit Street, said property
being specifically designated in the Florence County Tax Records as Tax Map Number 90073-
05-005. The request is being made by the property owner.

II. CURRENT STATUS/PREVIOUS ACTION TAKEN:


On September 14, 2021, the City of Florence Planning Commission held a public hearing on this
matter and voted 6-0 to recommend the parcels be rezoned from UR to DS.

ill. POINTS TO CONSIDER:


1. The property is currently zoned Urban Residential (RU), which permits residential uses
such as single family detached, duplex, townhome, and multifamily.
2. The proposed zoning is Destination/Select Use (DS), which allows a number commercial
uses.
3. Historic zoning of the property was B-3, General Commercial. The site is currently
developed with a commercial building which has most recently been occupied by Missy' s
Cafe and Jack's Seafood. The current zoning of Residential Urban was adopted with the
land use maps associated with the adoption of the Unified Development Ordinance in 2018;
however, this is not reflective of the developed site or the historic zoning.
4. Land use of the adjacent properties is a mixture of commercial, institutional, single-family,
and multi-family residential.
5. This request is being considered for first reading

IV. ATTACHMENTS:
A) Ordinance
B) Vicinity Map
C) Location Map
D) Zoning Map
E) Future Land Use Map

~ g, ~
J~B~Dudley
Planning Director City Manager
ORDINANCE NO. 2021-- - -

AN ORDINANCE TO REZONE PARCEL IDENTIFIED AS 257 NORTH COIT STREET,


TAX MAP NUMBER 90073-05-005 FROM URBAN RESIDENTIAL ZONING DISTRICT
TO DESTINATION/SELECT USE.

WHEREAS, a Public Hearing was held in City Council Chambers on September 14, 2021at6:00
P.M. before the City of Florence Planning Commission and notice of said hearing was duly given;

WHEREAS, the property owners made application to rezone from RU, Urban Residential to DS,
Destination/Select Use.

WHEREAS, Florence City Council concurs m the aforesaid application, findings and
recommendations:

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF


FLORENCE IN MEETING DULY ASSEMBLED AND BY THE AUTHORITY
THEREOF:

1. That an Ordinance is hereby adopted by amending the Zoning Atlas of the City
of Florence for the aforesaid property to RU

2. That this Ordinance shall become effective seven days upon its approval and
adoption by the City Council of the City of Florence and posting of this
amendment in the official Zoning Atlas.

EXECUTED ON ONE (1) ADDITIONAL PAGE


Ordinance No. 2021-- - - - -
Page2

ADOPTED THIS - - - - - - - DAY OF - - - - - - - - - - - - -, 2021

Approved as to form :

James W. Peterson, Jr. Teresa Myers Ervin


City Attorney Mayor

Attest:

Casey C. Moore
Municipal Clerk
1- Vicinity Map - 257 North Coit Street ------ Ii
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OUCLANER :
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~ Parcels

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\t_I'"'!° ' ~
n oroduotd ?>J' ot"lta . r. 1, p rovkltd tor
ldorr:u.Ho n aJ p urp oul ont1 al'd H•• Crh' or
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°""'· 10.6'2'l21
VII. d.
Bill No. 2021-35
FLORENCE CITY COUNCIL MEETING First Reading

DATE: October 11, 2021

AGENDA ITEM: Ordinance to Rezone from NC-6. l to NC-6.3 the parcels located
at 802 Cherokee Road, 806 Cherokee Road, 812 Cherokee Road,
and 810 Congaree Road, TMNs 90064-11-006, 90064-11 -007,
90064-11-013 , and 90064-11-012.

DEPARTMENT/DIVISION: Department of Planning, Research & Development

I. ISSUE UNDER CONSIDERATION:


A request to rezone from NC-6. l to NC-6.3 the parcels located at 802 Cherokee Road, 806
Cherokee Road, 812 Cherokee Road, and 810 Congaree Road, said properties being specifically
designated in the Florence County Tax Records as Tax Map Parcels 90064-11-006, 90064-11-007,
90064-11-013 , and 90064-11 -012. The request is being made by the property owners.

II. CURRENT STATUS/PREVIOUS ACTION TAKEN:


On September 14, 2021, the City of Florence Planning Commission held a public hearing on this
matter and voted 6-0 to recommend the parcels be rezoned from NC-6. l to NC-6.3 .

III. POINTS TO CONSIDER:


1. Under the 2008 Florence Zoning Ordinance, these lots were zoned R-5 , which was a multi-family
zoning district. A townhouse development of 11 units was built in 1979 at 810 Congaree Drive; a
duplex is located at 806 Cherokee Road; 802 Cherokee Road is a single family house with an
apartment onsite; and 812 Cherokee Road has the appearance of a single family house but has been
used for multiple tenants in the past. Under the current zoning designation, these uses are non-
conforming and could not be rebuilt if they were destroyed by more than 50%.
2. When the Unified Development Ordinance and its associated zoning map were adopted in January
2018, these properties were zoned Neighborhood Conservation-6.1, which permits single family
detached housing only. This is not reflective of the historic zoning or existing uses.
3. The proposed zoning is Neighborhood Conservation-6.3 , which permits single family houses,
duplexes, townhomes, multiplexes, and multi-family structures. This zoning designation better
represents the historic zoning and existing uses on these parcels.
4. This request is being considered for first reading.
5. The lots are currently privately owned.

IV. PERSONAL NOTES:


V. ATTACHMENTS:
A) Ordinance
B) Vicinity Map
C) Location Map
D) Zoning Map
E) Future Land Use Map

1o.J)m<;.~L
Jerry B. Dudley Randall S. Osterman
Planning Manager City Manager
ORDINANCE NO. 2021-_ __

AN ORDINANCE TO REZONE PROPERTIES IDENTIFIED AS 802 CHEROKEE ROAD, 806


CHEROKEE ROAD, 812 CHEROKEE ROAD, AND 810 CONGAREE ROAD, TAX MAP
NUMBERS 90064-11-006, 90064-11-007, 90064-11-013, AND 90064-11-012 FROM
NEIGHBORHOOD CONSERVATION-6.1 ZONING DISTRICT TO NEIGHBORHOOD
CONSERVATION-6.3 ZONING DISTRICT:

WHEREAS, a Public Hearing was held in City Council Chambers on September 14, 2021 at 6:00 P.M.
before the City of Florence Planning Commission and notice of said hearing was duly given;

WHEREAS, the property owners made application to rezone from NC-6.1, Neighborhood Conservation-
6.1 District to NC-6.3, Neighborhood Conservation-6.3;

WHEREAS, Florence City Council concurs in the aforesaid application, findings and recommendations:

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF


FLORENCE IN MEETING DULY ASSEMBLED AND BY THE AUTHORITY THEREOF:

1. That an Ordinance is hereby adopted by amending the Zoning Atlas of the City of
Florence for the aforesaid property to NC-6.3

2. That this Ordinance shall become effective seven days upon its approval and adoption by
the City Council of the City of Florence and posting of this amendment in the official
Zoning Atlas.

EXECUTED ON ONE (1) ADDITIONAL PAGE


Ordinance No. 2021-- - - - -
Page2

ADOPTED THIS - - - - - - - - DAY OF ------------~·


, 2021

Approved as to form:

James W. Peterson, Jr. Teresa Myers Ervin


City Attorney Mayor

Attest:

Casey C. Moore
Municipal Clerk
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VII. e.
Bill No. 2021-36
FLORENCE CITY COUNCIL MEETING First Reading

DATE: October 11, 2021

AGENDA ITEM: An ordinance utilizing authority found in §23-31-220 and §23-31-520 of


the South Carolina Code of Laws, as amended, to prohibit open carry of
"firearms" at all events permitted by the City of Florence and to expand
the current prohibition of concealable weapons on properties owned or
operated by the City to include both concealed and open carry of
"concealable weapons" by amending sections 14-20, 19-52, 19-53, 19-54,
and 19-57 and by adding Article V to Chapter 2 of the City Code of
Ordinances.

DEPARTMENT/DIVISION: City Council

I. ISSUE UNDER CONSIDERATION:


In response to the recent passage of the Open Carry with Training Act by the South Carolina
Legislature, this ordinance would utilize the authority granted to municipalities by the Act to
prohibit the open carry of firearms at events permitted by the City and would prohibit both the open
and concealed carry of concealable weapons on properties owned or operated by the City or while
using any machinery, vehicle, or equipment owned or operated by the City.

II. CURRENT STATUS/PREVIOUS ACTION TAKEN:


A. On May 17, 2021, the Governor of South Carolina signed the "Open Carry with Training
Act" into law with a 90-day implementation period. This law redefines "concealable
weapon" to allow open carry of certain weapons in South Carolina.

B. Section 23-21-220 of the Act makes it clear that the new law does not affect the right of a
public or private entity from prohibiting the carrying of a concealable weapon," ... whether
concealed or openly carried, upon the premises of the business or workplace or while using
any machinery, vehicle, or equipment owned or operated by the business ... ".

C. Section 23-31-520(A) of the Act further provides as follows:

Notwithstanding another provision of law, a governing body of a county,


municipality, or political subdivision may temporarily restrict the otherwise lawful
open carrying of a firearm on public property when a governing body issues a
permit to allow a public protest, rally, fair, parade, festival, or other organized
event. However, if a permit is not applied for and issued prior to an event as
described in this subsection, a county, municipality, or political subdivision may
not exercise the provisions of this subsection. A person or entity hosting a public
protest, rally, fair, parade, festival or other organized event must post signs at the
event when open carrying is allowed or not allowed at the event.

D. The carrying of concealed weapons on properties owned or operated by the City has historically
been prohibited, and the required signage has been posted.
E. With the new statutory provisions allowing open carry of concealable weapons, the City can
amend its historical position on concealable weapons on properties it owns or operates to
expand the prohibition to include both concealed carry and the newly allowed open carry as
allowed by §23-31-220.

ill. POINTS TO CONSIDER:


A. Sections 23-31-220 and 23-31-520 specifically authorize a City to limit open carry in
properties they own and operate and at events for which they issue a permit on public
property.

B. In order to be able to restrict open carry at public protest and picket events, they must be
events for which the City issues a permit. The proposed change to Sec. 19-57 adds a permit
requirement to the current notice requirement to bring such events under §23-31-520.

IV. STAFF RECOMMENDATION


Staff supports the proposed Ordinance changes as being in the best interest of the City and
recommends City Council approval and adoption of the proposed Ordinance.

V. ATTACHMENTS:
The Ordinance with attached Exhibits

City Manager
ORDINANCE NO. 2021-

AN ORDINANCE UTILIZING AUTHORITY FOUND IN §23-31-220 AND §23-31-


520 OF THE SOUTH CAROLINA CODE OF LAWS, AS AMENDED, TO
PROHIBIT OPEN CARRY OF "FIREARMS" AT ALL EVENTS PERMITTED
BY THE CITY OF FLORENCE AND TO EXPAND THE CURRENT
PROHIBITION OF CONCEALABLE WEAPONS ON PROPERTIES OWNED
OR OPERATED BY THE CITY OF FLORENCE TO INCLUDE BOTH
CONCEALED AND OPEN CARRY OF "CONCEALABLE WEAPONS" BY
AMENDING SECTIONS 14-20, 19-52, 19-53, 19-54, AND 19-57 AND BY ADDING
ARTICLE V TO CHAPTER 2 OF THE CITY CODE OF ORDINANCES.

Incident to adoption of this Ordinance, City Council ("Council") makes the


following findings of fact:

1. On May 17, 2021, the Governor of South Carolina signed the "Open Carry
with Training Act" into law with a 90-day implementation period. This
law redefines "concealable weapon" to allow open carry of certain
weapons in South Carolina.

2. Section 23-21-220 of the Act makes it clear that the new law does not
affect the right of a public or private entity from prohibiting the carrying
of a concealable weapon, " ... whether concealed or openly carried, upon
the premises of the business or workplace or while using any machinery,
vehicle, or equipment owned or operated by the business ... ".

3. Section 23-31-520(A) of the Act further provides as follows:

Notwithstanding another provision of law, a governing


body of a county, municipality, or political subdivision may
temporarily restrict the otherwise lawful open carrying of a
firearm on public property when a governing body issues a
permit to allow a public protest, rally, fair, parade, festival,
or other organized event. However, if a permit is not
applied for and issued prior to an event as described in this
subsection, a county, municipality, or political subdivision
may not exercise the provisions of this subsection. A
person or entity hosting a public protest, rally, fair, parade,
festival, or other organized event must post signs at the
event when open carrying is allowed or not allowed at the
event.

4. The carrying of concealed weapons on properties owned or operated by


the City has historically been prohibited, and the required signage has
been posted.
5. With the new statutory prov1s1ons allowing open carry of concealable
weapons, the City finds that it should amend its historical position on
concealable weapons on properties it owns or operates to expand the
prohibition to include both concealed carry and open carry as allowed by
§23-31-220.

6. In addition, with respect to events permitted by the City pursuant to


Chapter 19, Article III of the Florence Code of Ordinances, we find and
conclude that the statutory allowance of open carry of concealable
weapons creates the additional dangers, including but not limited to the
concerns listed below, all of which make it in the best interest of the city
and its residents and visitors that the City act in accordance with §23-31-
520(A) to restrict the carrying of firearms at events permitted by the City.
The dangers and concerns identified at this time are the following:

(a) Open carry of firearms in crowded venues raise serious issues from
the danger that such weapons may be stolen or that their presence
may cause incidents of physical confrontations as a result of
attempts to steal or confiscate such weaponry.

(b) The individual and/or their openly carried firearm are more likely
to become the target of a violent offender.

(c) People who open carry are more apt to use a readily available
firearm in a situation where deadly force is not justified.

(d) Open carry causes concern for many people and crowded venues
can exaggerate the level of concern.

(e) It is anticipated that open carry will generate more law


enforcement calls for service from people who are concerned by
the open presence of firearms in a crowded venue.

7. The prohibition of concealable weapons on properties owned or operated


by the City requires signage as prescribed in detail by §23-31-220 and
§23-31-235 of the SC Code of Laws, as amended.

8. The prohibition of open carry of firearms at events permitted by the City


requires signage and notice as specified in §23-31-520.

2
NOW, THEREFORE, BASED UPON THE FINDINGS OF FACT SET OUT
ABOVE, IT IS HEREBY ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF FLORENCE, SOUTH CAROLINA AS FOLLOWS:

a. A new Article V, Section 2-300 is hereby added to the City Code of


Ordinances pursuant to the authority set forth in §23-31-220 of the SC Code of Laws, as
amended, to prohibit the carrying of a concealable weapon on properties owned or
operated by the City or while using any machinery, vehicle, or equipment owned or
operated by the City, whether concealed or openly carried, said new Code section to read
in its entirety as set forth on Exhibit A hereto

b. Code Section 14-20 of the City Code of Ordinances is hereby repealed and
replaced in its entirety so that it reads as set forth on Exhibit B hereto.

c. Code Section 19-52 of the City Code of Ordinances is hereby amended to


add a new subparagraph (c) which shall read in its entirety as set forth on Exhibit C
hereto.

d. Code Section 19-53 of the City Code of Ordinances is hereby amended


pursuant to the authority set forth in §23-31-520 of the SC Code of Laws, as amended, to
prohibit the open carrying of a concealable weapon at events permitted by the City to add
a new subparagraph (6) which shall read in its entirety as set forth on Exhibit D hereto.

f. Code Section 19-54 of the City Code of Ordinances is hereby amended to


add a new subparagraph (d) which shall read in its entirety as set forth on Exhibit E
hereto.

g. Code Section 19-57 of the City Code of Ordinances is hereby amended to


change subparagraph (a)(l) to read in its entirety as set forth on Exhibit F hereto and to
repeal subparagraph (7) and add new subparagraphs (7), (8), and (9) to read in their
entirety as set forth on Exhibit F hereto.

AND IT IS SO ORDAINED this _ _ day of November, 2021.

APPROVED AS TO FORM:

JAMES W. PETERSON, JR. TERESA MYERS ERVIN


City Attorney Mayor

ATTEST:

CASEY C. MOORE
Municipal Clerk

3
EXHIBIT A
New Chapter 2, Article V, Section 2-300

ARTICLE V. CITY OWNED BUILDINGS,


PREMISES, WORKPLACES,
EQUIPMENT, AND VEHICLES

Sec. 2-300. Prohibition of Concealable Weapons.

(a) Pursuant to the authority set forth in §23-31-220 of the SC Code of Laws,
as amended, the City of Florence hereby prohibits the carrying of a concealable
weapon on properties owned or operated by the City or while using any
machinery, vehicle, or equipment owned or operated by the City, whether
concealed or openly carried.

(b) The City will utilize signage as prescribed by §23-31-220 and §23-31-235
of the SC Code of Laws, as amended to notify the public of the prohibitions set
forth in (a) above.

(c) The prohibition of carrying concealable weapons set forth above does not
apply to regular salaried law enforcement officers and reserve law enforcement
officers of a South Carolina state agency, municipality, county, or law
enforcement officers of the federal government or other states when carrying out
official duties while in South Carolina, or members of the Armed Forces of the
United States, the National Guard, or the South Carolina State Militia when
carrying out official duties.

4
EXHIBITB
Code Section 14-20. Carrying Concealable weapons/Firearms, Whether Open or
Concealed

Sec. 14-20. Carrying Concealable Weapons/Firearms, Whether Open or


Concealed.

(a) It shall be unlawful to carry a concealable weapon, whether open or


concealed, on properties owned or operated by the City or while using any
machinery, vehicle, or equipment owned or operated by the City as prohibited by
Sec. 2-300.

(b) It shall be unlawful to openly carry a firearm at events permitted by the


City as prohibited by Sec. 19-53 and Sec. 19-54.

(c) It shall be unlawful to openly carry a firearm at picketing events permitted


by the City as prohibited by Sec. 19-57.

(d) The prohibition of carrying concealable weapons and/or firearms set forth
above does not apply to regular salaried law enforcement officers and reserve law
enforcement officers of a South Carolina state agency, municipality, county, or
law enforcement officers of the federal government or other states when carrying
out official duties while in South Carolina, or members of the Armed Forces of
the United States, the National Guard, or the South Carolina State Militia when
carrying out official duties.

5
EXHIBITC
Code Section 19-52 is Amended to add a new subparagraph (c) which will read as
follows:

(c) The organizer of a permitted event, or the person designated in the


permit as the one who will carry the maintain permit, shall be responsible
for working with the city to post conspicuous signage at the permitted
event location informing participants that the open carry of firearms is
prohibited for the duration of the permitted event.

6
EXHIBITD
Code Section 19-53 is amended to add a new subparagraph (6) which will read as
follows:

(6) Pursuant to the authority set forth in §23-31-520 of the SC Code of Laws,
as amended, it shall be unlawful to openly carry a firearm at such events
permitted by the City. Provided, however, the prohibition of openly
carrying firearms set forth herein does not apply to regular salaried law
enforcement officers and reserve law enforcement officers of a South
Carolina state agency, municipality, county, or law enforcement officers
of the federal government or other states when carrying out official duties
while in South Carolina, or members of the Armed Forces of the United
States, the National Guard, or the South Carolina State Militia when
carrying out official duties.

7
EXHIBITE
Code Section 19-54 is amended to add a new subparagraph (d) which will read as
follows:

(d) Pursuant to the authority set forth in §23-31-520 of the SC Code of Laws,
as amended, it shall be unlawful for any member of the public to openly
carry a firearm at a parade public assembly, or block party permitted by
the City. Provided, however, the prohibition of openly carrying firearms
set forth herein does not apply to regular salaried law enforcement officers
and reserve law enforcement officers of a South Carolina state agency,
municipality, county, or law enforcement officers of the federal
government or other states when carrying out official duties while in
South Carolina, or members of the Armed Forces of the United States, the
National Guard, or the South Carolina State Militia when carrying out
official duties.

8
EXHIBITF
Code Section 19-57(a)(l) is Amended to read as follows:

(1) The organizer of the picketing event shall give written notice to the
city and request a picketing permit at least twenty-four (24) hours prior to
picketing unless such event is an ultra-spontaneous event occasioned by
news or affairs coming into public knowledge on the same day of such
picketing event, in which case the twenty-four (24) hour requirement shall
be waived, but notice shall be given. The City Manager or the City
Manager's designee shall issue a permit for the picketing event subject
only to the requirements set forth below in subparagraphs (2)-(8).

Code Section 19-57(a) is Amended to repeal subparagraph (7) and add new
subparagraphs (7), (8), and (9) which shall read as follows:

(7) For public safety reasons, the following are prohibited in the immediate
proximity of pickets, and due notice shall be included in every picketing permit
that these restrictions apply;

(i) Open flames and combustible solids;

(ii) Sticks, poles, selfie sticks, or other similar elongated solid objects
capable of inflicting bodily harm as a striking or stabbing object,
excluding commercially available corrugated cardboard tubing as the
supporting article for signs, flags, and the like;

(iii) Backpacks, satchels, bags, coolers, or similar personally carried


containers exceeding six inches by eight inches by three inches, except
when said container is completely clear and see-through;

(iv) Pursuant to S.C. Code §23-31-520, as amended, the open carry of


any firearm;

(v) Any mechanical or handmade contrivance that launches any


projectile of solid, liquid, or gaseous composition, including
aerosols/pressurized canisters;

(vi) Any stabbing, cutting, slicing, or striking blade, whether of metal


or other solid composition;

(vii) Any striking object, such as a bat, stick, brass knuckles, martial
arts weapons, implement handles and the like, which would inflict bodily
lilJUry;

9
(viii) Any fascial mask, headgear, or cloth worn over any portion of the
face which prevents facial identification of a person 14 years of age or
older;

(ix) Any carried object that resembles or serves the purpose of a shield;

(x) Any armor of defensive covering that resembles the purpose of a


defensive body armor;

(xi) Carried signage exceeding the size restrictions set forth m


subsection (3) above; and
(xii) Bicycles, automobiles, and mopeds.

This subsection shall not apply to law enforcement officers while in the discharge
of their duties.

(8) Provided, however, the prohibition of openly carrying firearms set forth
herein above does not apply to regular salaried law enforcement officers and
reserve law enforcement officers of a South Carolina state agency, municipality,
county, or law enforcement officers of the federal government or other states
when carrying out official duties while in South Carolina, or members of the
Armed Forces of the United States, the National Guard, or the South Carolina
State Militia when carrying out official duties.
(9) The organizer of a picket, or the person designated in the permit as the one
who will carry the permit shall be responsible for posting conspicuous signage at
the picketing location informing participants that the open carry of firearms is
prohibited for the duration of the picket.
(10) Picketing done contrary to this section shall be unlawful and punishable
pursuant to Sec. 1-7 of the City Code of Ordinances. Police or city personnel may
confiscate any of the items listed in this Code Section if a picket participant
refuses to remove the prohibited item from the picketing site, with the exception
of firearms in accordance with S.C. Code Ann. §23-31-520. A firearm or
ammunition may be seized or confiscated pursuant to a lawful arrest.

10
VIII. a.
Resolution No.
FLORENCE CITY COUNCIL MEETING
2021-35

DATE: October 11, 2021

AGENDA ITEM: Resolution

DEPARTMENT/DIVISION: City Manager

I. ISSUE UNDER CONSIDERATION:


A resolution by the City of Florence City Council expressing its willingness to grant a request by
the Town of Pamplico to release a portion of the City's designated water and sewer service area
to Pamplico to allow for improvements of the Pamplico system and to serve residents of the area,
as described and shown in Exhibit "A".

II. CURRENT STATUS/PREVIOUS ACTION TAKEN:


This is the initial consideration by City Council of this resolution.

ill. POINTS TO CONSIDER:


1. The area requested by Pamplico contains approximately 5.84 square miles and is a portion of
the service area granted to the City by Florence County in 2002. The City does not currently
have any water/sewer lines or serve any customers in the requested area.
2. Pamplico desires, through a USDA grant, to improve and extend its system to improve
reliability and service delivery. Pamplico could then provide water service to those
customers in the improvement area.
3. The City of Florence has no current plans to extend mains or provide service in the requested
area.
4. Approval of this Resolution by City Council would provide the basis upon which Florence
County would be authorized to redesignate the requested area as part of Pamplico's water and
sewer service area.

IV. ATTACHMENTS:
1. Proposed Resolution
2. Exhibit "A", describing the franchise area requested by the Town of Pamplico.

City Manager
RESOLUTION NO. 2021-

A RESOLUTION BY THE CITY OF FLORENCE CITY COUNCIL


EXPRESSING ITS WILLINGNESS TO GRANT A REQUEST BY THE TOWN
OF PAMPLICO TO RELEASE A PORTION OF THE CITY'S DESIGNATED
WATER AND SEWER SERVICE AREA TO PAMPLICO TO ALLOW FOR
IMPROVEMENTS OF THE PAMPLICO SYSTEM AND TO SERVE
RESIDENTS OF THE AREA, AS DESCRIBED AND SHOWN IN EXHIBIT "A".

Findings of Fact

WHEREAS, The Town of Pamplico, through a grant, desires to improve and extend its
system to improve reliability and service delivery; and

WHEREAS, Pamplico desires to provide water service to potential customers along the
area of improvement; and

WHEREAS, Pamplico has requested that the City facilitate this project by allowing the
transfer of the service area described and shown in Exhibit "A" from the City to
the Town; and

WHEREAS, The City has no current plans to extend mains or provide service in the
requested area; and

WHEREAS, It is the City's desire to assist Pamplico in upgrading the reliability of the
Town's water system and making community water service available to residents
within the requested area;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE


CITY OF FLORENCE:

a. That the City of Florence is willing to grant a request by the Town of


Pamplico to release a potion of the City's designated water and sewer service area, as
described and shown in Exhibit "A" to the Town; and,

b. That the City of Florence requests Florence County Council to assist


Pamplico in effecting the transfer of this service area to the Town.

EXECUTED ON ONE (1) ADDITIONAL PAGE


Resolution No. 2021-

AND IT IS SO RESOLVED this _ _ day of October, 2021.

APPROVED AS TO FORM:

JAMES W. PETERSON, JR. TERESA MYERS ERVIN


City Attorney Mayor

ATTEST:

CASEY C. MOORE
Municipal Clerk

2
EXHIBIT "A"

Description of Franchise Area to be Transferred to Pamplico


The proposed franchise area to be transferred to the Town of Pamplico includes
approximately 5.84square miles covering portions of Allen Road, Ward Road, Gulledge
Road, Sandy Point Road and other roads. The area to be transferred is shown on a map by
Eastern Engineering of SC titled "Franchise Area Request to Transfer from Florence"
dated September 3, 2021. The area is bounded by beginning at a point along the existing
Florence Franchise area contiguous to the Pamplico Franchise Area approximately 2,233
feet south of the intersection of Lebanon Road and Pamplico Highway. From this
point, continuing along the existing boundary south-southeasterly approximately 7,440
feet to a point 1,215 feet north of Allen Road. Thence, continuing along the existing
boundary south-southwesterly, crossing Allen Road and Ward Road, approximately
7,855 feet to a point approximately 2,110 feet south of Ward Road. Thence, continuing
along the existing boundary west-southwesterly approximately 5,408feet to a point on
Friendfield Road that is approximately 2,3 72 feet southeast of the intersection of
Friendfield Road and Ward Road. Thence, continuing southwesterly along the existing
boundaryapproximately 2,000 feet to the Lynches River. Thence, continuing
northwesterly along the run of Lynches River to a point approximately 3,410 feet
southwest of the intersection of Lebanon Road and Friendfield Road. Thence, continuing
northeasterly approximately 3,602 feet to a culvert approximatelyl,695 feet southeast of
the intersection of Lebanon Road and Friendfield Road. Thence, continuing
northeasterly approximately 4,575 feet to a point along the blue line stream that is
approximately 1,819feet south of the intersection of Old Landfill Road and Lebanon
Road. Thence, continuing east southeasterly approximately 3, 718 feet to a culvert
approximately 4,102 feet south of the intersection of Lebanon Road and Gulledge Road.
Thence, continuing approximately 6,000 feet northeast to the point of origination.

3
-
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EASTERN
ENGINEERING OF SC
Slr\Jl.l 1J37

111 ft "'AA."lflflD RD
w Arrnfiel d R[{'''"'"w"" 108 South Acline Street
P.O. Box 1322
Lake City, SC 29560
(843)374-8030

+•

Water Lines Franchise Areas


- Coward D Coward
- Florence City D Florence
- Johnsonville D Johnsonville
- LakeCity D LakeCity
r - Pamplico D Olanta
- Scranton D Pamplico
- USDA Project D Scranton
+ Hydrants D Timmonsville
Ches~~ Florence Transfe

E.WtlllAMSRo

COX AD

Pamplico Water System


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Resolution No.
FLORENCE CITY COUNCIL MEETING 2021-36

DATE: October 11, 2021

AGENDA ITEM: Resolution

DEPARTMENT/DIVISION: City Council


Sponsored Councilman Chaquez McCall
I. ISSUE UNDER CONSIDERATION:
A Resolution by the City of Florence recognizing October as ''National Bullying Prevention
Month."

II. POINTS TO CONSIDER:


I . More than one out of every five students are the victims of bullying.
2. Bullying can result in physical injury, social and emotional distress, self-harm, and even
death. It also increases the risk for depression, anxiety, sleep difficulties, lower academic
achievement, and dropping out of school.
3. Bullying is preventable by being aware of the warning signs, fostering a culture of trust and
support, and taking appropriate action.

III. ATTACHMENTS:
1. Proposed Resolution

~-s.~..__
Radalls:o5terman l
City Manager
(ST ATE OF SOUTH CAROLINA)
( )
(CITY OF FLORENCE)

RESOLUTION 2021-

A Resolution by the City of Florence recognizing October as "National Bullying Prevention Month."

WHEREAS, bullying is physical, verbal, sexual, or emotional harm or intimidation intentionally


directed at a person or group of people; and

WHEREAS, bullying occurs in neighborhoods, playgrounds, schools, and online through


technology; and

WHEREAS, researchers have concluded that bullying is the most common form of violence
affecting millions of American children and adolescents annually; and

WHEREAS, targets of bullying are at an increased risk for depression, anxiety, sleep
difficulties, lower academic achievement, and dropping out of school and students
who are repeatedly bullied often fear such activities as riding the bus, going to
school, interacting online, and attending community activities; and

WHEREAS, children who bully are at greater risk of engaging in more serous violent behaviors;
and

WHEREAS, children who witness bullying often feel less safe, helpless to stop it, and
intimidated.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF


FLORENCE:

The City of Florence recognizes October as "National Bullying Prevention Month" and
encourages citizens to engage in a variety of awareness and prevention activities designed
to make the community safer for all children and adolescents.

RESOLVED THIS 11th DAY OF OCTOBER, 2021.

Approved as to form:

James W. Peterson, Jr., City Attorney Teresa Myers Ervin, Mayor

ATTEST:

Casey C. Moore, Municipal Clerk


VIII. c.
Resolution No.
FLORENCE CITY COUNCIL MEETING 2021-37

DATE: October 11, 2021

AGENDA ITEM: Resolution

DEPARTMENT/DIVISION: City Council


Sponsored Mayor Teresa Myers Ervin
I. ISSUE UNDER CONSIDERATION:
A Resolution by the City of Florence recognizing the third Saturday of July as "The Pee Dee
Youth Day."

II. POINTS TO CONSIDER:


1. The Pee Dee Youth Day brings attention to the difficulties and challenges today's youth face
in the Pee Dee.

III. ATTACHMENTS:
1. Proposed Resolution

City Manager
(STATE OF SOUTH CAROLINA)
( )
(CITY OF FLORENCE)

RESOLUTION 2021-

A Resolution by the City of Florence recognizing the third Saturday of July as "The Pee Dee Youth Day."

WHEREAS, children today face challenging circumstances and risks associated with drug, alcohol, and
tobacco use, juvenile crime and delinquency, suicide, teen pregnancy, school dropout,
domestic violence, sexual abuse, gang activity, bullying, broken families, and peer pressure;
and

WHEREAS, providing children with support and the very best opportunities to lead productive and
fulfilling lives is a responsibility we all share; and

WHEREAS, young people need stability, workable values and good examples by which to live, and those
who demonstrate good judgement and common sense help bring order to all our lives; without
guidelines of decency and civility, all nations and societies, and the individuals that comprise
them, cannot survive; and

WHEREAS, we all share a commitment to care for our children, and can best do so by serving as living
examples of integrity, honesty, tolerance, and understanding for our youth; and

WHEREAS, it is fitting that we rededicate our efforts to maintain a society that emphasizes a way of life
structured upon a wholesome and nurturing environment for all our children; and

WHEREAS, beneath all that troubles this world lies a moral crisis where old social values have been
broken and new moral values have not replaced them; and

WHEREAS, our greatest resources are our children, parents, officials and residents of all the Pee Dee
counties, and they can help make a difference with their commitment to reduce and eliminate
drug use/abuse, crime, violence, brutality, illiteracy, child abuse, and other social ills from
our world by setting the examples here in our state and our counties of the Pee Dee.

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FLORENCE:

The City of Florence recognizes the third Saturday of July to be "The Pee Dee Youth Day."

RESOLVED THIS 11 DAY OF OCTOBER, 2021.

Approved as to form:

James W. Peterson, Jr., City Attorney Teresa Myers Ervin, Mayor

ATTEST:

Casey C. Moore, Municipal Clerk


IX. a.
Reports to Council
Appts. Boards/Comm
FLORENCE CITY COUNCIL MEETING

DATE: October 11, 2021

AGENDA ITEM: Report to Council

DEPARTMENT/DIVISION: City Council

I. ISSUE UNDER CONSIDERATION:


Council will consider nominations for City Boards and/or Commissions.

II. CURRENT STATUS/PREVIOUS ACTION TAKEN:


There are five (5) Boards or Commissions that have either vacancies and/or expired terms.

III. ATTACHMENTS:
(1) Spreadsheet of Council Nominations to Boards and Commissions.
(2) Nomination Packet.

ScottYDa\is
Deputy City Manager City Manager
SCHEDULE OF COUNCIL NOMINATIONS TO BOARDS AND COMMISSIONS - OCTOBER 2021
District 1 District 2 District 3 At-Large 1 At-Large 2 At-Large-3 Mayor
Schofield Moore Braddock Jebaily Barnes McCall Ervin
City of Florence Board of Zoning Appeals x

Construction & Maintenance Board x2

Aesthetics Advisory Committee x x x


x

Resilience and Sustainability Advisory Committee x x x x


x x x x

Public Safety Citizen's Review Board x


CITY OF FLORENCE BOARD OF ZONING APPEALS

I. NOMINATIONS:

There is one (1) expired term on the Board of Zoning Appeals.

II. COUNCILMEMBER{S} TO MAKE NOMINATION:

• Councilman McCall

Ill. SEEKING REAPPOINTMENT:

• Nathaniel Poston

IV. NEW APPLICANT{S):

• Michael (Tommy) Phillips

V. ATTACHMENTS:

• Letters of interest from current board members


• Applications received
FLORENCE SOUTH CAROLINA
OFFICE OF THE CITY MANAGER

TEL: (843) 665-3113


FAx: (843) 665-3110

April 27, 2021

Mr. Nathaniel Poston


P.O. Box 3426
Florence, SC 29502

Dear Mr. Poston,

Our records indicate that your term on the Board of Zoning Appeals will expire on June 30, 2021. City
Council will begin reviewing vacancies and expired terms on City Boards and Commissions at their July
meeting.

If you wish to be considered for reappointment to the Board of Zoning Appeals or if you would like to
discontinue serving, please indicate your choice by marking the appropriate blank below. Please sign
and return this letter to our office and keep the enclosed copy for your records.

The City of Florence appreciates your past service on this Board. If you have any questions regarding
this appointment, please feel free to contact me.

Sincerely,

<ft9ms-.&i.. ~
Randall S. Osterman
1
;_
City Manager

/would like to be considered for reappointment to the Board of Zoning Appeals.

__ I do not want to be considered for reappointment to the Board of Zoning Appeals.

Date

324 WEST EVANS STREET FLORENCE, SC 29501-3430


7/26/2021 City of Florence Boards and Commissions Application - Entries

Sta1111: Reviewed

Entry #: 34

Date Submitted: 7/23/2021 5:40 PM

Board or Commission for which you are applying:


City of Florence Board of Zoning Appeals

Your Name County Council District


Phillips, Michael T. (Tommy) Florence District3

Email Address
[email protected]

Residential Address
1703 Pineland Ave., Apt A, Florence, South Carolina 29501 /
Mailing Address
Same as residence, Florence, South Carolina 29501
Your O«upation · Title Business Phone Residence Phone
Semi retired (843) 661-0995 (843) 669-4432

Employer Name
A Bail Bonds, Notary Public, Band L Properties, LLC. Silver Haired Legislature.

Employer Add ress City Sta te


1703 Pineland Ave .. Apt A Florence South Carolina

General Qualifications
Are you a resident or the City' If so, how long?
Yes 1958

Why wou ld you like to serve?


I believe that my knowledge and experience with the ci ty of Florence, will help me be of service to the City.

Do you presently serve on any Commissions/ Boards of th e City/ County/ State?


Yes

If so. please list:


Silver Hai red Legislature

Have you formerly served on any Commissions/ Boards or the City/ County/ State?
Yes

If so, please list:


Florence City Planning Com.
Florence Airport Com.

Are you currently In a position of responsibility with an organization or board that has received or Is ~g funding from the City of Yes/No
Florence? No

If so, list th e position and date:

Are you involved in any Commu nity Activities?


Yes

If so, pleae list:


Past:
Completed the Citizen's Police Academy
Completed the "Leadership Florence• Program wi th the Chamber or Commerce

Chairman for the Florence County Republican (4 terms)

What are your goals and objectives if appointed to the Commission/Board?


Use my experi ence and knowledge to help make Florence a better place to live.

I certify that the information above is true and correc t. Todays Date
7/23/2021

Information on this form will be considered public. Todays Oate


7/23/2021

https://www.cognitoforms.com/forms/cityofflorenceboardsandcommissionsapplication/entries/1-all-entries/34 1/1
CONSTRUCTION AND MAINTENANCE BOARD OF ADJUSTMENTS AND APPEALS

I. NOMINATIONS:

There are two (2) vacancies on the Construction and Maintenance Board of Adjustments and
Appeals.

• William Wilcox has indicated that he would not like to be considered for reappointment.
Mr. Wilcox served as an Engineer.
• Gary Bullard has resigned his position. Mr. Bullard served as a Mechanical Contractor. The
unexpired term of Mr. Bullard will expire on 06/30/2023.

II. APPOINTMENT REQUIREMENTS:

(A) 1 - Engineer
(B) 1- Mechanical Contractor

Ill. COUNCILMEMBER{S) TO MAKE NOMINATION:

• Mayor Ervin will make all nominations to this Board, per City Code.

IV. NEW APPLICANT{S):

• There are currently no qualified applicants for this Board.

V. ATTACHMENTS
AESTHETICS ADVISORY COMMITTEE

I. NOMINATIONS:
There are four (4) seats to be filled on the Aesthetics Advisory Committee . Terms of the initial
appointees shall be staggered, as follows:

• Seats designated as seats 1 & 2 will serve initial terms of one (1) year.
• Seats designated as seats 3 & 4 will serve initial terms of two (2) years.
• Seats designated as seats 5, 6 & 7 will serve initial terms of three (3) years.

After the completion of initial terms, all members appointed shall serve three (3) year terms.

II. APPOINTMENT REQUIREMENTS:


Members must reside or be employed within the city limits.

Ill. COUNCILMEMBER(S) TO MAKE NOMINATION:


• Councilwoman Barnes (Seat 3 - 2-year term)
• Councilman McCall (Seat 4 - 2-year term)
• Mayor Ervin (Seat 5 - 3-year term)
• Councilwoman Moore (Seat 7 - 3-year term)

IV. NEW APPLICANT(S}:

• James Hicks

V. ATTACHMENTS
• Applications received
9/30/2021 City of Florence Boards and Commissions Application - Entries

Status: Reviewed

Entry #: 71

Date Submitted: 9/30/20211:14 PM

Board or Commission for which you are applying:


Aesthetics Advisory Committee

Your Name County Council District


JAMES HICKS SC District 1

Email Address
[email protected]

Residential Address
1710 RAVEN DRIVE, FLORENCE, South Carolina 29505
Mailing Address
/
1710 RAVEN DRIVE, FLORENCE, South Carolina 29505
Your Occupation - Title Business Phone Residence Phone
(843) 319-4561

Employer Name

Employer Address City State


FLORENCE South Carolina

General Qualifications
Are you a resident of the City? If so, how Long?
Yes 20

Why would you li ke to serve?


Help and serve the city of Florence

Do you presently serve on any Commissions/ Boards of the City/ County/ State?
No

If so, please list:

Have you formerly served on any Commissions/ Boards of the City/ County/ State?
No

If so, please list:

Are you currently in a position of responsibility with an organization or board that has received or is seeking funding from the City Yes/No
of Florence? No

If so, list the position and date:

Are you involved in any Community Activities?


No

If so, pleae list:


President of Huntington Home Owners Association

What are your goals and objectives if appointed to the Commission/Board?


Help and serve the city of Florence

I certify that the information above is true and correct. Todays Date
9/30/2021

Information on this form will be considered public. Todays Date


9/30/2021

https://www.cognitoforms.com/forms/cityofflorenceboardsandcommissionsapplication/entries/1-all-entries/71 1/1
RESILIENCE & SUSTAINABILITY ADVISORY COMMITTEE

I. NOMINATIONS:

There are eight (8) seats to be filled on the Resilience and Sustainability Advisory Committee.
Terms of the initial appointees shall be staggered, as follows:

• Seats designated as seats 1, 2 & 3 will serve initial terms of one (1} year.
• Seats designated as seats 4, 5 & 6 will serve initial terms of two (2} years.
• Seats designated as seats 7, 8 & 9 will serve initial terms of three (3) years.

After the completion of initial terms, all members appointed shall serve three (3} year terms.

II. APPOINTMENT REQUIREMENTS:

Members must reside or be employed within the city limits.

Membership will consist of the following:


(A} 1 - Representative from a local energy company
(B} 1- Representative from a local university or college
(C} 2 - Representatives from conservation or environmental organizations
(D} 1- Representative from District 1
(E} 1- Representative from District 2
(F} 1- Representative from District 3
(G} 1- Layperson, resident of the city

Ill. COUNCILMEMBER(S) TO MAKE NOMINATION:

• Pro tern Jebaily (Seat 2 -1-year term}


• Councilwoman Barnes (Seat 3 -1-year term}
• Councilman McCall (Seat 4 - 2-year term}
• Mayor Ervin (Seat 5 - 2-year term}
• Councilman Schofield (Seat 6 - 2-year term}
• Councilwoman Moore (Seat 7 - 3-year term}
• Councilman Braddock (Seat 8 - 3-year term}
• Pro tern Jebaily (Seat 9 - 3-year term}

IV. NEW APPLICANT(S}:

• Lauren Piner- meets qualifications of (D} and (G} above: Appointment Requirements
• Mindy Taylor - meets qualifications of (A} above: Appointment Requirements

V. ATTACHMENTS

• Applications received
9/15/2021 City of Florence Boards and Commissions Application - Entries

S1aius: Reviewed

Entry #: 66

Date Submitted: 9/15/2021 1:21 PM

Board or Commission for which you are applying:


Resilience and Sustainability Advisory Committee

Your Na me County Council District


Lauren Piner Florence District 1

Email Address
lauren

Residential Address
516 S Franklin Dr, Florence, Colorado 29501
Malling Address
516 S Franklin Dr. Florence. South Carolina 29501
Your Occupation - Title Business Phone Residence Phone
Realtor (843) 636-3880

Employer Name
eXp Realty

Employer Address City State


170 Meeting St Ste 304 Charleston South Carolina

General Qualifications
Are you a resident or the City? If so, how Long?
Yes 1

Why would you like to serve?


I was on the Human Relations Commission in th e ci ty I lived before moving here. It was an amazing and fulfilling journey working closely with other members or th e community to improve the lives or
those in our cily. Florence is a smaller city and I look forward to the possibility of making an even bigger impact. I don't want to just live in a neighborhood. city. community, I want to be part of it. I want to
work with other community members to create a safe and sustainable home for all or us. Including those who will outlive me.

Do you presently serve on any Commi ssions/ Boards of th e City/ County/ State?
No

If so, please list:

Have you formerly served on any Commissions/ Boards or th e City/ County/ State?
Yes

If so, please list:


I served on the Human Relations Commission for the City of Aurora, CO for about 3 years. I stepped down because I was moving her.

Are you currently in a position of responsibility with an organization or board that has ~or Is seeking funding from the City of Florence? Yes/No
No

If so, list th e position and date:

Are you involved in any Community Activities?


Yes

If so, pleae list:


I regularly participate In plan! talks at a local nursery. I also am an active member of the Chamber of Commerce and th e Pee Dee Business and Professional Women's Networking Group. Going forward. I
plan to begin volunleering with th e local animal shelter (I've already helped with some feral cats). I've been in th e cily about 4 months now and I'm looking forward to finding other ways to get involved.

What are your goals and objectives if appointed to the Commission/Board?


Florence Is already a leader in sustainability In th e area with its city sponsored recycling program as well as its Bee City and High Five Florence programs.

My fi rst goal would be to learn more from the experts aboul where the city is thriving and how we can make change at a systemic level while also driving economic growth.

Beyond that. a primary goal would be to promote solar In the area. South Carolina has some of the best ta x incentives In the country to convert to solar and It can make a huge difference in the power
available to the city, while also putting more money in our community.

Finally, I'd like to ensure we have an educational component for the city at larg e so they know how best to serve their community and how different programs can help them. In many ways people can
save time and money with sustainabl e projects (such as converting a portion of your yard to a bee habitat) but they need to know th ey're there.

I certify that the information above is tru e and correct. Todays Date
9/15/2021

t~-r~
informa tion on this form will be considered public. Todays Date
9/15/202 1

https://www.cognitoforms.com/forms/cityofflorenceboardsandcommissionsapplication/entries/1-all-entries/66 1/1
9/22/2021 City of Florence Boards and Commissions Application - Entries

S1a1us: Reviewed

Entry #: 69

Date Submitted: 9/21/2021 5:30 PM

Board or Commission for which you are applying:


Resilience and Sustainability Advi sory Committee

Your Name Coun ty Counci l District


Taylor, Mindy Higgs Florence District 1

Email Address
[email protected]

Residential Address
2827 Hermitage Lane , Florence. South Carolina 29501
Mailing Addre ss
1755 Mechanicsville Road, Florence, South Carolina 29501
Your Occupation - Title Business Phone Residence Phone
District Mgr. Gov'! & Community Relations (843) 661-1480 (843) 616-0186

Employe r Name
Duke Energy

Employer Address City State


1755 Mechanicsville Road Florence South Carolina

General Qualifications
Are you a resident of the City? If so, how Long?
No

Why would you like to serve?


Duke Energy is committed to sustainability and we are intensifying our focus on environmental , social and governance (ESG) considerations and accelerating our clean energy
transformation. On behalf of Duke Energy, I want to partner with the city to help them with their sustainability goals.

Do you presently serve on any Commissions/ Boards of the City/ County/ State?
Yes

If so, please list:


SC Energy Office - Energy Advisory Council

Have you formerly served on any Commissions/ Boards of the City/ County/ State?
Yes

If so, pl ease list:


Pee Dee Committee for Judicial Merit Selection

Are you currently In a position of responsibility with an organization or board that has received or is seeking funding from the City of Yes/No
Florence? No

If so, list the position and date:

Are you involved in any Community Activities?


Yes

If so, pleae list:


Current - Greater Florence Chamber of Commerce Board of Directors, The School Foundation Board of Directors. Greater Lake City Chamber of Commerce Board of Directors. Hartsville
United Way Board of Directors

What are your goals and objectives if appointed to the Commission/Board?


To partner with the city to develop and atlaln their sustainability goals.

I certify that th e information above is true and correct. Todays Date


9/21/2021

Information on this form will be considered public. Todays Date


9/21 /2021

https://www.cognitoforms.com/forms/cityofflorenceboardsandcommissionsapplication/entries/1-all-entries/69 1/1
PUBLIC SAFETY CITIZEN'S REVIEW BOARD

I. NOMINATIONS:

There is one (1) seat to be filled on the Public Safety Citizen's Review Board. Terms ofthe initial
appointees shall be staggered, as follows:

• Seats designated as seats 1 & 2 will serve initial terms of two (2) years;
• Seats designated as seats 3, 4, and 5 will serve initial terms of four (4) years;
• Seats designated as seats 6 & 7 will serve initial terms of three (3) years.

After completion of the initial terms, all members of the board will serve four (4) year terms.

II. APPOINTMENT REQUIREMENTS:

• Must be a city resident


• At least 21 years of age

Ill. COUNCILMEMBER(S} TO MAKE NOMINATION:

• Mayor Ervin (Seat 3 - 4-year term)

IV. NEW APPLICANT(S}:

• Marsden Alexander • Ron Roberts


• Robbie Epps • Howard Simons
• Frederick Goethel • Wattie Snowden
• Margaret Hawkins
• LaTisha Jackson
• Debra Montgomery
• Michael (Tommy) Phillips

V. ATIACHMENTS

• Applications
8/31/2021 City of Florence Boards and Commissions Application - Entries

Status: Reviewed

Entry #: 60

Date Submitted: 8/30/2021 11 :25 PM

Board or Commission for which you are applying:


Public Safety Citizen's Review Board

Your Name County Council District


Alexander, Marsden Wayne Florence District 1

Email Address
mwa4me@gmail .com

Residential Address
525 3rd Loop Rd- Unit ag, Florence, South Carolina 29504 /
Mailing Address
P. 0. Box 15295, Florence, South Carolina 29504
Your Occupation - Title Business Phone Residence Phone
Educator (843) 615-6237 (843) 496-0633

Employer Name
Sumler School District

Employer Address City State


1345 Wilson Hall Rd Sumter South Carolina

General Qualifications
Are you a resident of the City? If so, how Long?
Yes 39

Why would you like to serve?


It is important to bridge the gap between the community and it's leadership. Serving on this board would give me the opportunity to serve the people of the city in which i was reared.
would like to provide insight and oversight ensuring a fair experience for the citizens of our city. Im eager for the opportunity and would love the opportunity to give back to an emerging
community.

Do you presently serve on any Commissions/ Boards of the City/ County/ State?
No

If so, please list:

Have you formerly served on any Commissions/ Boards of the City/ County/ State?
No

If so, please list:

Are you currently in a position of responsibility with an organization or board that has received or is seeking funding from the City of Ye s/No
Florence? No

If so, list the position and date:

Are you involved in any Community Activities?


No

If so, pleae list:

What are your goals and objectives if appointed to the Commission/Board?


1. Provide a fair and unbiased assessment protocol to the citizens of the city of Florence.
2. Protect the interests of the city and her citizens by offering transparency through partnership.
3 . Proactively demonstrate a need for citizen involvement in processes that involve the people of Florence.
4. Promote the advantage given to individuals who live in our city.

I certify that the information above is true and correct. Todays Date
8/30/2021

Todays Date
8/30/2021

https://www.cognitoforms.com/forms/cityofflorenceboardsandcommissionsapplication/entries/1-all-entries/60 1/1
8/31/2021 City of Florence Boards and Commissions Application - Entries

Status: Reviewed

Entry #: 64

Date Submitted: 8/31/2021 10:55 AM

Board or Commission for which you are app lying:


Public Safety Citizen's Review Board

Your Name County Council District


Epps, Robbie C Florence District 1

Email Address
[email protected]

Residential Address
1625 Gregg Ave Unit A, Florence, South Carolina 29501
Mailing Address
1625 Gregg Ave Unit A, Florence, South Carolina 29501
Your Occupation - Title Business Phone Residence Phone
Director of Operation (843) 206-9042 (843) 230-1918

Employer Name
Daily Living ADC LLC

Employer Address City State


500 Pamplico Hwy Ste: F Florence South Carolina

General Qualifications
Are you a resident of the City? If so, how Long?
Yes 5

Why would you like to serve?


As a long time member of the fire dept. I was a fireman for 6yrs , and background in Law Enforcement for 4yrs. I can use my background education and experience too give some in
sight on how to improve and keep the city moving forward.

Do you presently serve on any Commissions/ Boards of the City/ County/ State?
No

If so, please list:

Have you formerly served on any Commissions/ Boards of the City/ County/ State?
Yes

If so, please list:


Beautification Broad for the Town of Kingstree, as Staff Member.

Are you currently in a position of responsibility with an organization or board that has received or is seeking fu nd ing from the City Yes/No
of Florence? No

If so, list the position and date:

Are you involved in any Community Activities?


No

If so, pleae list:

What are your goals and objectives if appointed to the Commission/Board?


I want to serve on boards and commissions as a means of gaining new skills, sharing diverse viewpoints, use my pre-existing passion for the cause, and anxious to serve on
community.

I certify that the information above is true and correct. Todays Date

~f
8/31/2021

Information on this form will be considered public. Todays Date


8/31/2021

https://www.cognitoforms.com/forms/cityofflorenceboardsandcommissionsapplication/entries/1-all-entries/64 1/2
8/5/2021 City of Florence Boards and Commissions Application - Entries

Status: Reviewed

Entry #: 51

Date Submitted: 8/4/202 1 5:09 PM

Board or Commission for which you are applying:


Public Safety Citizen's Review Board

Your Name County Council District


Frederick S. Goethe! Florence District 3

Email Address
fsgoethel@cs .com

Residential Address
1619 Brandon Dr, Florence, South Carolina 29505 /
Mailing Address
PO Box 3827, Florence, South Carolina 29502
Your Occupation - Title Business Phone Residence Phone
Retired Fire Protection Engineer (209) 915-8979

Employer Name
Retired from Liberty Mutual Insurance Company

Employer Address City State


Berkley Street Boston, Mass South Carolina

General Qualifications
Are you a resid ent of the City? If so, how Long?
Yes 2

Why would you like to serve?


I have always tried to give back to communi ties I live in and this Committee is in my area of expertise. I have been involved in the emergency services fo r years and feel I can bring
knowledge and experience to the table. I have previously served as a firefig hter, volunteer police officer, assistant fire mars hal and w ith the emergency medical services.

Do you presently serve on any Commissions/ Boards of the City/ County/ State?
No

If so, please list:

Have you formerly served on any Commi ssions/ Boards of the City/ County/ State?
Yes

If so, please list:


When I lived in PA, I was Chairman of the Fire Code Appeals Board for 7 years in Plymouth Township.
In California, where I last lived, I was on the Board of Trustees of The Sacramento/Yolo Mosquito and Vector Control District, Member of the Sacramento Cemetery Advisory Commission,
and spent 7 years as a Trustee with the Galt-Arno Cemetery District. I also served on the Board of the Galt Fire Protection District until it merged with the Consumes Fire Department and
then was a member of the Merger Committee.

Are you currently In a position of responsibility with an organization or board that has received or Is seeking fund ing from the City of Yes/No
Florence? No

If so, list the position and date:

Are you involved in any Community Activities?


No

If so, pleae list:


Not yet. We have just gotten settled into the community due to the pandemic.

What are your goals and objectives if appointed to the Commission/Board?


To hear complaints as needed and judge the merits fai rly and impartially, without bias and prejudgement.

I certify that the information above is true and correct. Todays Date
8/4/2021

Information on this form will be considered public. Todays Date


8/4/2021

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7/28/2021 City of Florence Boards and Commissions Application - Entries

S1a1us: Reviewed

Entry #: 50

Date Submitted: 7/28/2021 11:35 AM

Board or Commission for which you are applying :


Public Safety Citizen's Review Board

Your Name County Council District


Hawkins, Margaret M Florence District 3

Email Address
Stephen65Roses@aol .com

Residential Address
3076 Wild Turkey Dr, Effingham , South Carolina 29541
Mailing Address
3076 Wild Turkey Drive, Effingham, South Carolina 29541
Your Occupation - Title Business Phone Residence Phone
RN- (Not currently working) (843) 407-7671

Employer Name

Employer Address City State


South Carolina

General Qualifications
Are you a resident of the City? If so, how long?
Yes 37

Why would you like to serve?


I have a great passion for the Public Safety of all the citizens of Florence. I'm the daughter of a retired Detroit Police Officer. I know the importance of keeping our communities safe and of
having a relationship with our law enforcement departments. I started a Neighborhood Watch , years ago, in our former neighborhood. I have established a Neighborhood Watch in our
current neighborhood, Wild Bird Run . I'm the head of our Neighborhood Watch . I have done many things in our neighborhood to make it a nice place to live. I feel that I can be an asset to
th e Public Safety Citizen's Review Board. I'm a nurse (currently not working) so I'm used to working with th e Public during very trying tim es and happy times in their lives. I feel that I have
great compassion and empathy that I can bring to this Commision. I believe that my life experiences, both personal and professional, can add to my serving on this Commision.

Do you presently serve on any Commissions/ Boards of the City/ County/ State?
No

If so, please list:

Have you formerly served on any Commissions/ Boards of the City/ County/ State?
No

If so, please list:

Are you currently in a position of responsibility with an organization or board that has received or is seeking funding from the City of Yes/No
Florence? No

If so, list the position and date:

Are you involved in any Community Activities?


No

If so, pleae list:

What are your goals and objectives if appointed to th e Commission/Board?


1. To ensure the Public Safety of all of the citizens in the city of Florence.
2. To help ensure a good relationship between Law Enforcement and the public, as I feel this is important to build a good repoire between both and thus help with the safety of the public.
3. To be fair and have an open mind .
4 . To share my experiences if they will add to the objectives of the Commision

I certify that the information above is true and correct. Todays Date
7/28/2021

Information on this form will be considered public. Todays Date


7/28/2021

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9/16/2021 City of Florence Boards and Commissions Application - Entries

S1atu1: Reviewed

Entry #: 67

Date Submitted: 9/16/2021 3:36 PM

Board or Commission for which you are applying:


Public Safety Citizen's Review Board

Your Name County Council District


Jackson. LaTisha Simone Florence District 2

Email Address
[email protected]

Residential Address
709 Malloy St, Florence, South Carolina 29506-6456
Mailing Address
709 Malloy St., Florence, South Carolina 29506
Your Occupation - Title Business Phone Residence Phone
Addictions Counselor (843) 519-1684 (843) 230-0540

Employer Name
Vocational Rehabilitation

Employer Address City State


1709 Stokes Rd Florence South Carolina

General Qualifications
Are you a resident of the City? lf so, how long?
Yes 25

Why would you like to serve?


I'm very concerned about the matters that are going on in the community and feel that I would give valuable input. When it comes to the treatment of the citizens of Florence t will be able to
bring innovative ideas as well as be non-judgmental towards others that may not share the same ideology as I do.

Do you presently serve on any Commissions/ Boards of the City/ County/ State?
No

lf so, please list:

Have you formerly served on any Commissions/ Boards of the City/ County/ State?
No

lf so, please list:

Are you currently in a position of responsibility with an organization or board that has received or is seeking funding from the City of Yes/No
Florence? No

lf so, list the position and date:

Are you involved in any Community AC!ivities?


No

If so, pleae list:

What are your goals and objectives if appointed to the Commission/Board?


My goal wilt be to improve communication now between Florence police department and the community, help identify and collaborate on public safety issues, and help encourage a positive
dialogue between the citizens of Florence specifically around policing and recognizing the evolving relationship between law enforcement and the community.

I certify that the information above is true and correct. Todays Date
9/16/2021

Todays Date
9/16/2021

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7/27/2021 City of Florence Boards and Commissions Application - Entries

Status: Reviewed

Entry #: 44

Date Submitted: 7/27/2021 9:56 AM

Board or Commission for which you are applying:


Public Safety Citizen's Review Board

Your Name County Council District


Debra Montgomery Florence District 1

Email Address
[email protected]

Residential Address /
600 West Sumter Street, Florence, South Carolina 29504
Mailing Address
600 West Sumter Street. Florence. South Carolina 29501
Your Occupation - Title Business Phone Residence Phone
Retired (843) 662-1605

Employer Name
N/A

Employer Address City State


Florence South Carolina

General Qualifications
Are you a resident of the City? If so, how Long?
Yes 50

Why would you like to serve?


I believe in order to best serve the people you need a variety of people from various backgrounds to represent the residents in the city. I definitely fit the description. I belong lo a minority
and I am female with children and I am versed with working with the public.

Do you presently serve on any Commissions/ Boards of the City/ County/ State?
No

If so, please list:

Have you formerly served on any Commissions/ Boards of the City/ County/ State?
No

If so, please list:

Are you currently in a position of responsibility with an organization or board that has received or is seeking funding from the City of Yes/No
Florence? No

If so, list the position and date:

Are you involved in any Community Activities?


No

If so, pleae list:


Church outreach

What are your goals and objectives if appointed to the Commission/Board?


My goal and objectives would be to bring a fair and objective rationale to the table regarding issues affecting the city of Florence and all of it's citizens.

<rtrt;fy '"" <h • ; "'"m'"'" '""' ;, <ruo '"' '"? Todays Date
7/27/2021

1)/}ftA
Information on this form will be considered public. Todays Date
7/27/2021

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7/26/2021 City of Florence Boards and Commissions Application - Entries

S1a1u1: Reviewed

Entry #: 35

Date Submitted: 7/23/2021 5:57 PM

Board or Commission for whith you are applying:


Public Safety Citizen's Review Board

Your Name County Countil Distritt


Phillips, Michael T.(Tommy) Florence Distri ct 3

Email Address
[email protected]

Residential Address
1703 Pineland Ave. ,Apt A, Florence , South Carolina 29501 .I
Mailing Address
Same as residence, Florence, South Carolina 29501
Your Occupation - Title Business Phone Residence Phone
Semi retired (843) 661-0995 (843) 669-4432

Employer Name
A Bail Bonds, Notary Public, B and L Properties, LLC , Silver Haired Legislature

Employer Address City State


1703 Pineland Ave., Apt A Florence South Carolina

General Qualifications
Are you a resident of the City? If so, how Long?
Yes 1958

Why would you like to serve?


I believe that my knowledge and experience with the city of Florence, will help me be of service to the City.

Do you presently serve on any Commissions/ Boards of the City/ County/ State?
Yes

If so, please list:


Silver Haired Legislature

Have you fo rm erly served on any Commissions/ Boards of the City/ County/ State?
Yes

If so, please list:


Florence City Planning Com.
Florence Airport Com .

Are you currently In a position of responslblllty with an organization or board that has received or Is ~9. funding from the City of Yes/ No
Florence? No

If so, list the position and date:

Are you involved in any Community Attivities?


Yes

If so, pleae list:


Past:
Completed the Citizen's Police Academy
Completed the "Leadership Florence " Program with the Chamber of Commerce.

Chairman for the Florence County Republican party (4 terms)

Wha t are your goals and objectives if appointed to the Commission/Board ?


Use my experience and knowledge to help make Florence a better place to live.

I certify that the information above is true and correct . Todays Date
7/23/202 1

M p
Information on this form will be considered public. Todays Date
7/23/2021

https://www.cognitoforms.com/forms/cityofflorenceboardsandcommissionsapplication/entries/1-all-entries/35 1/1
7/27/2021 City of Florence Boards and Commissions Application - Entries

Status: Reviewed

Entry #: 41

Date Submitted: 7/27/2021 8:52 AM

Board or Commission for which you are applying :


Public Safety Citizen's Review Board

Your Name County Council District


Roberts, Ron Florence District 3

Email Address
[email protected]

Residential Address
PO BOX 7551-3204 Spiral Lane, Florence, South Carolina 29502 /
Mailing Address
PO BOX 7551, Florence, South Carolina 29502
Your Occupation - Title Business Phone Residence Phone
Counselor (843) 453-3372 (843) 453-3372

Employer Name
FDTC

Employer Address City State


HWY52 Florence South Carolina

General Qualifications
Are you a resident of the City? If so, how Long?
Yes 15

Why would you like to serve?


To make a difference in someone life and impact youth involvement also help make Florence City and County a better place to stay, live and enjoy life and make Florence a all American
city and best place to live and work.

Do you presently serve on any Commissions/ Boards of the City/ County/ State?
Yes

If so, please list:


Florence Center

Have you formerly served on any Commissions/ Boards of the City/ County/ State?
Yes

If so, please list:


Florence center-present
Parks and Recreation board

Are you currently in a position of responsibility with an organization or board that has received or is seeking funding from the City of Yes/No
Florence? No

If so, list the position and date:


NA

Are you involved in any Community Activities?


Yes

If so, pleae list:


Church and School

What are your goals and objectives if appointed to the Commission/Board?


To improve the communication with citizens and community to help bridge the gap on relations and make this town a all American city is my goal and stop the violence and crime.

I certify that the information above is true and correct. Todays Date
7/27/2021

r ((!\
Information on this form will be considered public. Todays Date
7/27/2021

https:l/www.cognitoforms.com/forms/cityoffiorenceboardsandcommissionsapplication/entries/1-all-entries/41 1/1
9/17/2021 City of Florence Boards and Commissions Application - Entries

Srarus: Reviewed

Entry #: 68

Date Submitted: 9/ 17/2021 12:05 PM

Board or Commission for which you are applying:


Public Safety Citizen's Revi ew Board

Your Name County Council District


Howard R Simons Florence District 1

Email Address
hsimons2000@veri zion.net

Residential Address
651 King Ave, Florence , South Carolina 29501
Ma iling Addre ss
651 King Ave, Florence, South Carolina 29501
Your Occupation • Titl e Business Phone Residence Phone
Retired (410) 294-0971

Employer Name

Employer Ad dress City State


South Carolina

General Qualifications
Are you a resident of th e City? If so, ho w Long?
Yes 4

Why would you like to serve?


I would to see citizens of Florence and the Florence Police Department work together in a partnership to solve problems in our communities. Gain a trusting re lationship with law
enforcement w ith the communities to assist in decreasing the current crime problems in the city. We need to help Florence Police Department do the good job that they are currently doing .
I did serve on the Police Chief Advisory Board.

Do you presently serve on any Commissions/ Boards of the City/ County/ State?
No

If so, plea se list:

Have you form erly served on any Commissions/ Boards of the City/ County/ State?
No

If so, please list:

Are you currently in a position of responsibility with an organization or board that has received or is seeking funding from the City of Yes/No
Florence? No

If so. list the position and date:

Are you involved in any Community Activiti es?


Yes

If so, pleae list:


I am currently the President of Maple Park Neighborhood Association.

Wh at are your goals and objectives if appointed to the Commission/Board?


My main objective is to see the residents of Florence being able to sit down at a tabl e to discuss the crime problems facing Florence. How th e citizens can work togelher to discuss the
mistrust with policing. The community a nd the Police Department has to work together to help Florence grow into a outstanding city t live in.

Todays Date
9/17/2021

Information on this form will be considered public. Todays Date


9/17/202 1

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6/21/2021 City of Florence Boards and Commissions Application - Entries

Status: Reviewed

Entry #: 18

Date Submitted: 6/18/2021 9:52 AM

Board or Commission for which you are applying:


Public Safety Citizen's Review Board

Your Name County Council District


Snowden, Wallie Ervin Ill Florence District 3

Email Address
[email protected]

Residential Address
1616 Hillside Avenue, Florence, South Carolina 29501
Mailing Address
1616 Hillside Avenue, Florence, South Carolina 29501
Your Occupation - Title Business Phone Residence Phone
Retired (843) 624-1524 (843) 624-1524

Employer Name
N/A

Employer Address City State


South Carolina

General Qualifications
Are you a resident of the City? If so, how Long?
Yes 20

Why would you like to serve?


I would like to give something back for all I have been afforded. I I have served as a county, state, federal and International law enforcement officer during my career. I hold a Masters
Degree in Criminal Justice from the University of South Carolina and a Bachelors degree in Political Science from Francis Marion. In addition I also served as an Ombudsman for The
South Carolina Department of Corrections for over seven (7) years.

Do you presently serve on any Commissions/ Boards of the City/ County/ State?
No

If so, please list:


N/A

Have you formerly served on any Commissions/ Boards of the City/ County/ State?
No

If so, please list:


N/A

Are you currently In a position of responsibility with an organization or board that has received or Is seeking funding from the City of Yes/No
Florence? No

If so, list the positi on and date:

Are you involved in any Community Activities?


No

If so, pleae list:


I serve as a Major with the South Carlton State Guard.

What are your goals and objectives if appointed to the Commission/Board?


To be able to serve the citizens as well as law enforcement of Florence by having an open mind to any issues that may be presented to this board .

I certify that the information above is true and correct.


.. , Todays Date
6/18/2021

Information on this form will be considered public. Todays Date


6/18/2021

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IX. b.
FLORENCE CITY COUNCIL MEETING Reports to Council
DATE: October 11, 2021 Aecom. Tax Funds
AGENDA ITEM: Report to Council - Accommodations Tax

DEPARTMENT/DIVISION: Finance

I. ISSUE UNDER CONSIDERATION


Appropriation of Accommodations Tax funds for FY2021/22.

II. CURRENT STATUS/PREVIOUS ACTION TAKEN


No previous action has been taken by City Council for FY2021/22 Accommodations Tax funding
requests.

ID. POINTS TO CONSIDER


The recommendations of the Accommodations Tax Advisory Committee are attached.

IV. STAFF RECOMMENDATION


Approve the recommendation of the Advisory Committee.

V. ATTACHMENTS
A memo and related information from the Accommodations Tax Advisory Committee is attached for
City Council review.

Kevin V. Y okim
-
Assistant City Manager
City of Florence, SC
Memorandum
To: Teresa Myers Ervin and Members of City Council

From: City of Florence Accommodations Tax Advisory Committee

Subject: Accommodations Tax Funding Recommendations for FY 2021-22

Date: October 11, 2021

The Accommodations Tax Advisory Committee held meetings in August and September 2021 for
the purpose of receiving and evaluating Accommodations Tax funding requests for fiscal year 2021-
2022. Requests were received from twenty-five (25) organizations requesting "65% funds" and one
(1) organization requesting "30% funding .

The Committee has studied these requests carefully, examining closely the critical needs
expressed by the representatives of the requesting agencies, and evaluating the impact these
agencies have on the tourism in the Florence community.

Preliminary projections indicate that approximately $622,000 of the "65% funds" will be available for
allocation to requesting agencies and an additional $273,000 for tourism promotion in the "30%
funds."

The Accommodations Tax Advisory Committee is again recommending to City Council that the
2021-2022 appropriations to the various arts organizations be routed through the Florence Regional
Arts Alliance to enable that organization to receive additional grant funding through the South
Carolina Arts Commission. The Florence Regional Arts Alliance will then disburse the
Accommodations Tax funds directly to the funded arts organizations in the amounts appropriated by
City Council. This arrangement enables the Arts Alliance to substantially increase its level of grant
funding from the South Carolina Arts Commission for its Small Grants Program which benefits a
large number of arts organizations in the Florence area. The organi;zations/events which will be
funded in this manner include: The Masterworks Choir, Florence Little Theatre, Florence
Symphony Orchestra, Arts International Festival, Sankofa Festival, SC Dance Theatre, Lucky
Shamrock Festival, and the Kickin' Chicken Wing and Chili Cookoff in addition to the funding
allocated for the Florence Area Arts Alliance.

Attached you will find the Accommodations Tax Requests for FY 2021-2022 report listing all
organizations requesting funds for this year; the amount of funding received by these organizations
for FY 2020-21; the amount of funds requested by the organizations for FY 2021 -22; and the
recommendations of the Advisory Committee (Attachment 1). You will also find attached an
Accommodations Tax Financial Report for fiscal year ending June 30, 2021 (Attachment 2). In
addition, an Accommodations Tax Projection of Receipts for FY 2021-22 is included for your
information (Attachment 3). Also enclosed is a copy of the public notice printed in the local
newspaper providing information concerning application for Accommodations Tax Funding
(Attachment 4).
CITY OF FLORENCE, SC
ACCOMMODATIONS TAX REQUESTS, RECOMMENDATIONS AND APPROPRIATIONS REPORT
FISCAL YEAR 2021-22

ORGANIZATION Appropriated . Requested Committee Appropriated


1
2020-21 2021-22 Recommended 2021-22
A. 30% Funds for Tourism Promotion

1. Florence Convention & Visitors Bureau $263,000 $273,000 $273,000

B. 65% Funds

1. Florence Regional Arts Alliance & Pee Dee Arts $13,400 $18,800 $11,300

2. The Masterworks Choir, Inc. $4,300 $7,700 $3,600

3. Florence Little Theatre $16,600 $20,000 $12,100

4. Florence Symphony Orchestra $5,800 $8,000 $4,100

5. Arts International Festival $19,200 $15,000 $10,900

6. Sankofa Festival $4,300 $25,000 $4,000

7. SC Dance Theatre $8,000 $10,000 $5,400

8. Lucky Shamrock Festival $700 $2,500 $600

9. Kickin' Chicken Wing and Chili Cookoff $2,400 $3,000 $1,900

10. Florence Museum $30,600 $45,000 $27,800

11 . Carolina Classic Basketball Tournament $6,400 $15,400 $7,200

12. Freedom Florence, FTC, Soccer Complex & Gym $56,200 $65,000 $58,500

13. Florence Convention & Visitors Bureau $189,000 $250,000 $191,500

14. Florence Tennis Association $8,400 $20,000 $16,200

15. South Carolina Pecan Festival $25,800 $30,000 $21,800

16. Florence Center $102,000 $150,000 $117,600

17. Florence International Basketball Tournament $10,000 $30,000 $12,000

18. Car Haulers Parade $0 $10,000 $7,100

19: Florence Area Sports Council $18,000 $25,000 $19,500

20. Pee Dee Tourism Commission $18,200 $20,000 $16,900

21 . SC Senior Sports Classic $3,600 $4,000 $3,400

22. Hwy 52 Frontage Road Beautification $14,000 $30,000 $14,000

Attachment 1
CITY OF FLORENCE, SC
ACCOMMODATIONS TAX REQUESTS, RECOMMENDATIONS AND APPROPRIATIONS REPORT
FISCAL YEAR 2021-22

ORGANIZATION Appropriated Requested Committee Appropriated


1
2020-21 2021-22 Recommended 2021-22

23. Wilson High Alumni Assn Homecoming Event $26,600 $110,000 $51,100

24. Eastern South Carolina Mustang Club $3,600 $5,000 $3,500

25. South Florence High School Softball Tornament $7,500 $0

Total - 65% Funds $587,100 $7,500 $622,000 $0

Note 1: Including carryover funds from FY 2019-20, it is anticipated that the amount available for distribution to the requesting
agencies of "65% funds" will be approximately $622,000. The "30% funds" for tourism promotion is estimated to be
approximately $273,000.

Note 2: The "30% funds" appropriation to the Florence Convention & Visitors Bureau includes $15,000 designated specifically to
the Florence Center for tourism marketing and promotion expenses, and an additional $9,000 for a Business Development
Fund to help promote the Florence Center for educational, religious, and other conferences.

Attachment 1
City of Florence, SC
Accommodations Tax Financial Report
Fiscal Year Ending June 30, 2021

Total Accommodations Funds Received $837,166.07 *

Plus Carryover Funds from Prior Year $1,673.21

Plus Interest Earned $31.36

Less General Fund Standard Allocation -$25,000.00

Balance $813 ,870.64

Less 5% Funds Paid to General Fund -$40,608.29

Less 30% Funds Paid for Advertising/Promotion -$243,649.82

Balance= 65% Funds Available for Tourism $529 ,612.53

Less Appropriations Paid to Tourism Agencies -$529,612 .53

TOTAL Year End Balance $0.00

*FY 2020-21 Accommodation Tax Funds Received from SC State Treasurer:

Quarter 1 Ending 09/30/2020: $192,598.35


Quarter 2 Ending 12/31/2020: $189,606.45
Quarter 3 Ending 03/31/2021: $149 ,206.44
Quarter 4 Ending 06/30/2021: $305,754.83
FY 2020-21 Accommodations Tax Total $837, 166.07

FY 2012-13 Accommodations Tax Total $562,319.58 2.95%


FY 2013-14 Accommodations Tax Total $646, 886. 86 15.04%
FY 2014-15 Accommodations Tax Total $621,595.34 -3.91%
FY 2015-16 Accommodations Tax Total $701, 155.09 12.80%
FY 2016-17 Accommodations Tax Total $807,888.48 15.22%
FY 2017-18 Accommodations Tax Total $833,598 .51 3.18%
FY 2018-19 Accommodations Tax Total $983,219.03 17.95%
FY 2019-20 Accommodations Tax Total $886,246.20 -9.86%
FY 2020-21 Accommodations Tax Total $837, 166.04 -5.54%

Attachment 2
City of Florence, SC
Accommodations Tax
Projections for FY 2021-22

Accommodations Tax Funds Projected $937,626.00

Less $25,000 to General Fund -$25,000.00

Subtotal $912,626.00

Less 5% of Balance to General Fund -$45,631.30

Less 30% of balance to Advertising/Promotion -$273,787.80

Balance for 65% Funds Distribution $593,206.90

Plus Carryover from Prior Year $28,905.01

Total Available for Tourism Expenditures $622, 111.91

Attachment 3
City of Florence, SC
PUBLIC NOTICE

The City of Florence has fiscal year 2021-2022


Accommodations Tax application packets available for
distribution to agencies with a not-for-profit designation
interested in applying for funding to be used for the purpose
of tourism promotion, specifically to attract and provide for
tourists in the Florence area. Requests for application
packets should be addressed to Finance Department
Manager/Controller, City of Florence, Finance Department,
3rd Floor, 324 West Evans Street, Florence, South Carolina
29501-3430, Telephone 665-3162. Applications must be
received by the City of Florence no later than Friday,
July 16, 2021 to be eliaible for fundina consideration.

Print the above ad in the approximate size in the


Morning News on the date indicated below:

Morning News: Sunday, June 27, 2021


Wednesday, July 7, 2021

Attachment 4

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