Florence City Council Complete Agenda 10-11-21
Florence City Council Complete Agenda 10-11-21
Florence City Council Complete Agenda 10-11-21
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
X. COMMITTEE REPORTS
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
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.
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.
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.
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.
Page 2 of8
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 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
Councilwoman Moore made a motion to adopt Bill No. 2021-27 on second reading and Councilman
Schofield seconded the motion.
Councilman Schofield made a motion to adopt Bill No. 2021-28 on second reading and Councilman
Braddock seconded the motion.
Councilman Schofield made a motion to adopt Bill No. 2021-19 on second reading and Councilwoman
Barnes seconded the motion.
INTRODUCTION OF ORDINANCES
Page 3 of8
FLORENCE CITY COUNCIL
REGULAR MEETING - SEPTEMBER 13, 2021
Mayor Ervin said the applicants have requested that this item be deferred. Without objection, this item
was deferred.
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.
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.
Page 4 of8
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.
INTRODUCTION OF RESOLUTIONS
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.
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.
Councilwoman Barnes made a motion to adopt Resolution No. 2021-32 and Councilman Braddock
seconded the motion.
Page 5 of8
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.
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.
REPORTS TO COUNCIL
Mr. Scotty Davis, Deputy City Manager, presented the packet of appointments to Boards and
Commissions to Council.
Councilwoman Moore made a motion appoint Jacquelyn Campbell for a term to begin immediately and
expire on June 30, 2024.
Being no applicants, Mayor Ervin deferred her two nominations to the Board.
Page 6 of8
FLORENCE CITY COUNCIL
REGULAR MEETING - SEPTEMBER 13, 2021
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.
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.
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.
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
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.
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.
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-
Page 7 of8
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.
Page 8 of8
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
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.
INTRODUCTION OF ORDINANCES
Page 2of4
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.
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.
Page 3 of 4
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.
Page 4of4
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
V. ATTACHMENTS
A copy of the proposed ordinance is attached.
Kevin V. Yokim
Assistant City Manager City Manager
ORDINANCE NO. 2021-31
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
ARTICLE I
AUTHORIZATION
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.
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.
ARTICLE II
CERTAIN MATTERS PERTAINING TO THE INTERNAL REVENUE CODE
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.
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.
Mayor
Attest:
Clerk
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.
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.
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-- - -
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, 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:
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
Approved as to form:
Attest:
Casey C. Moore
Municipal Clerk
Exhibit A
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.
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.
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.
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.
BY:
ITS AUTHORIZED SIGNOR
Page 3 of 3
~
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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.
V. ATTACHMENTS:
(1) Ordinance
(2) Vicinity Map
(3) Parcels 1 and 2 Plat
(4) Annexation Petition
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:
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.
Approved as to form:
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'
-
,&~4.- fi~ g/.31~1)
'WILLIAM~C0~.~63 DATE
i2T:67
76:24
62.84
74.80'
36.42
62.22
VICINITY MAP
33.68 HOT TO SCAU:
107. 12
3o:iB
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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.
Signature
I
;JiJd:0i ~7 r
1 Date--'-fo_~f_
,_vt_11.._
tfi
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· ,_ hj_ ?..._l __
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.
IV. ATTACHMENTS:
1. Ordinance
2. Development Agreement
3. Preliminary sketch plan
c~~~
Assistant City Manager
~~. &~-·
~OstermaI:
City Manager
ORDINANCE NO. 2021-- - -
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:
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.
Approved as to form:
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.
"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.
"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.
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).
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.
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.
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).
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.
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.
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
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.
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.
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.
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.
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.
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.
IN WITNESS WHEREOF, the undersigned parties have executed this Development Agreement on the date
set forth beneath their respective signatures.
By: _ _ _ _ _ _ _ _ _ _ __
10
Tri-Zenith Company, LLC
Date: _ _ _ _ _ _ _ _ _ _ _ _ __
By: _ _ _ _ _ _ _ _ _ _ _ __
Date: _ _ _ _ _ _ _ _ _ _ _ _ __
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.
_ _ _ _ _ _ _ _ _ _ (SEAL)
Notary Public for South Carolina
My Commission Expires: _ _ _ __
_ _ _ _ _ _ _ _ _ _ (SEAL)
Notary Public for South Carolina
My Commission Expires: _ _ _ __
11
STATE OF SOUTH CAROLINA
ACKNOWLEDGMENT
COUNTY OF FLORENCE
_ _ _ _ _ _ _ _ _ (SEAL)
Notary Public for South Carolina
My Commission Expires: _ _ _ __
12
EXHIBIT A
13
Exhibit A
Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions
CHAPTER 31
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
14
Location Map Redbud Lan.e & Howe Springs Road
Legend
~Parcels
FLORENCE ·i;1;,k
FUll UR:. FUll FOlrWAllD.
• ~''"
SOUTH C.AROUNI\ ... ~
Ol•~Al\l1'R:
rM ca!y ot Fbr,..,o .. o ..urrn .. nt or .Plonnl~.
R., 5'Nf0.~. •nd Oey~)O;pr:nf(nt d&i• l'f'Ol't c...n1to:I
o~ 1111• m•ID •• U• .. o rodvoi of oomplltiton.
H!Drodvo..d t>y oih ..... 1!1 • 1DroYl:d~ ror
11torrnai1<>no.ioY11>0M>• only and 111.. c ri y ot
rl::ir•~ieom.a).ie-G-no r•:ir~c.e-.."li&!)):i .ec.fo ti s.
o!OOIUreO'J. 11c. us.e- 'N ~oui I'>.~ v+r~ 02.1~~
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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-- - -
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:
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.
Approved as to form :
Attest:
Casey C. Moore
Municipal Clerk
1- Vicinity Map - 257 North Coit Street ------ Ii
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a
(1)
~
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Legend
~Parcels
Fw~~~l~
OUCLANER :
Tbt C."'!:)' ot FIOrt :iot D•;>ar.:itntof PUn:'llro .
Fi.t,Nro."l.a:'ld D•v•»p na:it dab reprtuntf'd
o."I lb I, map 1' hit proouot ofoom pllltlOn ,
u produotd ~J ot!ieu . r!: " prov~ld tor
L"iormaH;,n&J P Yt;IO C.·H Ol'lt/ and ll'I• Crt)' or
nortn.H mak-u no rt:>rtu:'lla~l? n .u tor,,
ao¢1.1tar:t1 . 1t' "''w~o;itt5.t).:l wrisw~»n
1, ath•• C.Oit nu.o r tM UCH.
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~ Parcels
Fw~tD~l~
OllCLANER:
Tfl• Ct. Jot FJor•:.o• D•:>amentor P1.at1nl~ .
R• , •iiro..,, an:3 Dev•JOO~•:.t da!a ru1rewn!:.CS
u,, , ma;:> H tft• pro duo! O f OOt:'H>l llH~n .
0.'"I
u pro duo.cl !>J ot"lttt . I'!: It provk11d ror
L"format~nal purpow' ont1 ard Ut t Cl'!J o r
Flo rt not mahc no rt:>rtu·nta~Jon u to rtt
ao:>:.1ra01 . Jtt u'twr:tout t'Ali:I wrl'lo.a!Jon
., Ul?lt co Hi r1U. of tM t.UU.
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--
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Tft• C ~J OI HOtt!'IO• D•:>lft:'l•ntor Plans~.
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o.~ lh l' r:up '' tht proou ~ oroor:ipll1:Hor1 ,
u produo.d !IJ o~tr,. rt'' p rov~9d tor
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OUCLANER:
fn • C::J d fbrt!\Ot Ot,arr:antot P11n nl ~ .
Rt , N ro."l. and D•v•-loor.a:.t d.a!• rtortwftttd
u ~ l °'""' tri.1, map ' ' ht prod u o! oroomplLaH~n .
\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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S0167·01--008 50 25 0 50 Feet
°""'· 10.6'2'l21
VII. d.
Bill No. 2021-35
FLORENCE CITY COUNCIL MEETING First Reading
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.
1o.J)m<;.~L
Jerry B. Dudley Randall S. Osterman
Planning Manager City Manager
ORDINANCE NO. 2021-_ __
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:
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.
Approved as to form:
Attest:
Casey C. Moore
Municipal Clerk
Vicinity Map - Cherokee Road Rezoning
Legend
C=:J Parcels
Tim rod Park Ove~ay District
--
50 25 0 50 Feet
O.:o . 91.191.1021
Location Map - Cherokee Road Rezoning
Legend
C::J Parcels
Tim rod Park Ove May District
CJ Proposed Parcel
.::!!!ii''
Dl lCLAIMER:
Tht CllJ olfloronct Dtparmtntor PUnnl ng.
Rtuarcn. J.nd Dt ... topmtnt d.ab rtpttunttd
on lhfl map 11 lht prOdlKI orcomp'>llon.
n proauo d 11J olhorL tt fl provldfa for
1nrormallon11 purpoou oru, ana !ht City or
Fk>rtnet ma l tt no rtprtNnlltJon u to th
accuracy. rta uu wll'lout ntld vtrmc aton
11 at l'lt 101t nu or th• uur.
---
50 25 0 50 Feet
0 >10 : 9129120 21
Current Zoning Map - Cherokee Road Rezoning
q "<;;1 703.
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90064-04.010
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NC-10
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Business and Commercia l Districts
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c:J FT oi:osed Parcel
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u prOductd l1J othtro. 111 1 provklfdlor
830 lnlormaUOnll purpowa on)J and tit Cl!J or
9006s.01.003 nor1nc1 m.u.n no rtprtN ntatJonu to lh
accuracy. th uu wltlou t ntkf v1nncaton
11 at tlt 101t rllk ortt11 uur.
--
50 25 0 50 Feet
O.:t a. 91291202 1
Future Land Use Map • Cherokee Road Rezoning
q
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9006 4-04 .{) 08
8
Legend
t LJ Parcels
lirrrod Pee ~ Ove<lsy District
..... ,.
... ..
-... ~ .,>
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CJ Proposed Parcel
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Fl:oR£Nc£ !!l!i> SOL. Tli 0.'\CUN.\
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OllCLAIMER :
TM City or fl Ort net Oopi rmont or Pla nni ng.
. ........~·,..
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RHttten. and Dtw Jopmtnt d.Jb rtprtuntfd
on tn11map 11 tht prOdu, tofeomp!UUO n.
u p10duct<1 b'J oth.,1. llh provkJf dfor
1nrorm1t1on11 purpoN1 o n~ 1no tit City or
fk>rtnct nuua no rtprtMnlJti onu to lh
1CCUIXJ. th Ult W l~out ntkS Vt rtne aton
11 at ltlt '°'' r11k oftht uur.
...
lU'4~•
--
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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 ... ".
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.
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.
V. ATTACHMENTS:
The Ordinance with attached Exhibits
City Manager
ORDINANCE NO. 2021-
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 ... ".
(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.
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:
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.
APPROVED AS TO FORM:
ATTEST:
CASEY C. MOORE
Municipal Clerk
3
EXHIBIT A
New Chapter 2, Article V, Section 2-300
(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
(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:
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;
(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;
(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;
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
IV. ATTACHMENTS:
1. Proposed Resolution
2. Exhibit "A", describing the franchise area requested by the Town of Pamplico.
City Manager
RESOLUTION NO. 2021-
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;
APPROVED AS TO FORM:
ATTEST:
CASEY C. MOORE
Municipal Clerk
2
EXHIBIT "A"
3
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Vlll. b.
Resolution No.
FLORENCE CITY COUNCIL MEETING 2021-36
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, 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.
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.
Approved as to form:
ATTEST:
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.
The City of Florence recognizes the third Saturday of July to be "The Pee Dee Youth Day."
Approved as to form:
ATTEST:
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
I. NOMINATIONS:
• Councilman McCall
• Nathaniel Poston
V. ATTACHMENTS:
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
Date
Sta1111: Reviewed
Entry #: 34
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.
General Qualifications
Are you a resident or the City' If so, how long?
Yes 1958
Have you formerly served on any Commissions/ Boards or the City/ County/ State?
Yes
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
I certify that the information above is true and correc t. Todays Date
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.
(A) 1 - Engineer
(B) 1- Mechanical Contractor
• Mayor Ervin will make all nominations to this Board, per City Code.
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.
• James Hicks
V. ATTACHMENTS
• Applications received
9/30/2021 City of Florence Boards and Commissions Application - Entries
Status: Reviewed
Entry #: 71
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
General Qualifications
Are you a resident of the City? If so, how Long?
Yes 20
Do you presently serve on any Commissions/ Boards of the City/ County/ State?
No
Have you formerly served on any Commissions/ Boards of the City/ County/ State?
No
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
I certify that the information above is true and correct. 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.
• 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
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
General Qualifications
Are you a resident or the City? If so, how Long?
Yes 1
Do you presently serve on any Commi ssions/ Boards of th e City/ County/ State?
No
Have you formerly served on any Commissions/ Boards or th e City/ County/ State?
Yes
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
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
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
General Qualifications
Are you a resident of the City? If so, how Long?
No
Do you presently serve on any Commissions/ Boards of the City/ County/ State?
Yes
Have you formerly served on any Commissions/ Boards of the City/ County/ State?
Yes
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
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.
V. ATIACHMENTS
• Applications
8/31/2021 City of Florence Boards and Commissions Application - Entries
Status: Reviewed
Entry #: 60
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
General Qualifications
Are you a resident of the City? If so, how Long?
Yes 39
Do you presently serve on any Commissions/ Boards of the City/ County/ State?
No
Have you formerly served on any Commissions/ Boards of the City/ County/ State?
No
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
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
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
General Qualifications
Are you a resident of the City? If so, how Long?
Yes 5
Do you presently serve on any Commissions/ Boards of the City/ County/ State?
No
Have you formerly served on any Commissions/ Boards of the City/ County/ State?
Yes
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
I certify that the information above is true and correct. Todays Date
~f
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
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
General Qualifications
Are you a resid ent of the City? If so, how Long?
Yes 2
Do you presently serve on any Commissions/ Boards of the City/ County/ State?
No
Have you formerly served on any Commi ssions/ Boards of the City/ County/ State?
Yes
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
I certify that the information above is true and correct. Todays Date
8/4/2021
https://www.cognitoforms.com/forms/cityofflorenceboardsandcommissionsapplication/entries/1-all-entries/51 1/1
7/28/2021 City of Florence Boards and Commissions Application - Entries
S1a1us: Reviewed
Entry #: 50
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
General Qualifications
Are you a resident of the City? If so, how long?
Yes 37
Do you presently serve on any Commissions/ Boards of the City/ County/ State?
No
Have you formerly served on any Commissions/ Boards of the City/ County/ State?
No
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
I certify that the information above is true and correct. Todays Date
7/28/2021
https://www.cognitoforms.com/forms/cityofflorenceboardsandcommissionsapplication/entries/1-all-entries/50 1/1
9/16/2021 City of Florence Boards and Commissions Application - Entries
S1atu1: Reviewed
Entry #: 67
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
General Qualifications
Are you a resident of the City? lf so, how long?
Yes 25
Do you presently serve on any Commissions/ Boards of the City/ County/ State?
No
Have you formerly served on any Commissions/ Boards of the City/ County/ State?
No
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
I certify that the information above is true and correct. Todays Date
9/16/2021
Todays Date
9/16/2021
https://www.cognitoforms.com/forms/cityofflorenceboardsandcommissionsapplication/entries/1-all-entries/67 1/1
7/27/2021 City of Florence Boards and Commissions Application - Entries
Status: Reviewed
Entry #: 44
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
General Qualifications
Are you a resident of the City? If so, how Long?
Yes 50
Do you presently serve on any Commissions/ Boards of the City/ County/ State?
No
Have you formerly served on any Commissions/ Boards of the City/ County/ State?
No
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
<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
https://www.cognitoforms.com/forms/cityofflorenceboardsandcommissionsapplication/entries/1-all-entries/44 1/1
7/26/2021 City of Florence Boards and Commissions Application - Entries
S1a1u1: Reviewed
Entry #: 35
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
General Qualifications
Are you a resident of the City? If so, how Long?
Yes 1958
Do you presently serve on any Commissions/ Boards of the City/ County/ State?
Yes
Have you fo rm erly served on any Commissions/ Boards of the City/ County/ State?
Yes
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
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
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
General Qualifications
Are you a resident of the City? If so, how Long?
Yes 15
Do you presently serve on any Commissions/ Boards of the City/ County/ State?
Yes
Have you formerly served on any Commissions/ Boards of the City/ County/ State?
Yes
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
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
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
General Qualifications
Are you a resident of th e City? If so, ho w Long?
Yes 4
Do you presently serve on any Commissions/ Boards of the City/ County/ State?
No
Have you form erly served on any Commissions/ Boards of the City/ County/ State?
No
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
Todays Date
9/17/2021
https://www.cognitoforms.com/forms/cityofflorenceboardsandcommissionsapplication/entries/1-all-entries/68 1/1
6/21/2021 City of Florence Boards and Commissions Application - Entries
Status: Reviewed
Entry #: 18
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
General Qualifications
Are you a resident of the City? If so, how Long?
Yes 20
Do you presently serve on any Commissions/ Boards of the City/ County/ State?
No
Have you formerly served on any Commissions/ Boards of the City/ County/ State?
No
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
https://www.cognitoforms.com/forms/cityofflorenceboardsandcommissionsapplication/entries/1-all-entries/18 1/1
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
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
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
B. 65% Funds
1. Florence Regional Arts Alliance & Pee Dee Arts $13,400 $18,800 $11,300
12. Freedom Florence, FTC, Soccer Complex & Gym $56,200 $65,000 $58,500
Attachment 1
CITY OF FLORENCE, SC
ACCOMMODATIONS TAX REQUESTS, RECOMMENDATIONS AND APPROPRIATIONS REPORT
FISCAL YEAR 2021-22
23. Wilson High Alumni Assn Homecoming Event $26,600 $110,000 $51,100
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
Attachment 2
City of Florence, SC
Accommodations Tax
Projections for FY 2021-22
Subtotal $912,626.00
Attachment 3
City of Florence, SC
PUBLIC NOTICE
Attachment 4