SC - Port Royal: Regular Council Meeting

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Regular Council Meeting

Council

Tagged Interests: council

Joe DeVito

Mayor

Jerry Ashmore

Mayor Pro Tempore

Mary Beth Heyward

Darryl Owens

Kevin Phillips

Van Willis

Town Manager

Tagged Interests: manager

T. Alan Beach

Tagged Interests: beach

Chief of Police

Tagged Interests: law enforcement and public safety

Jeffrey S. Coppinger

Operations

Linda Bridges

Tagged Interests: bridge

Planning

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PROPOSED AGENDA

DATE: September 9, 2020

TIME: Immediately following Public Hearing

Tagged Interests: hearing

SUBJECT: Regular Council Meeting (No Public Entry)

LOCATION: Virtual Meeting

Watch live and participate via Facebook at: https://www.facebook.com/PortRoyalSC/

Tagged Interests: social media law

or you can teleconference in by dialing: 978-990-5000 Access Code: 732583

As per Ordinance 2020-15. Members of the public may submit written public comments to the Town Clerk bplank-buccola@portroyal.org no later than one

hour prior to any regular meeting, which shall be distributed to the members of the Governing Body at such meeting.
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I. PLEDGE OF ALLEGIANCE

II. INVOCATION

III. APPROVAL OF MINUTES:

A. Minutes from the Public Hearing of August 5,2020 B. Minutes from the Council Workshop of August 5, 2020 C. Minutes from the Special Meeting of

August 12, 2020 D. Minutes from the Regular Council Meeting of August 12, 2020
Tagged Interests: hearing

IV. PRESENTATION:

A. Destination Next Plan Mr. Robb Wells

V. COUNCIL BRIEFING

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VI. SECOND READING:

Proposed Council Meeting Agenda 09/09/2020

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A. Ordinance 2020-17. An ordinance to rezone approximately 13.964 acres of real estate located in Beaufort County described as Beaufort County Tax

District 112, Map 33B, Parcel 90A, 138 and a portion of 137 in Beaufort County South Carolina to be rezoned from T3 Suburban to T4 Neighborhood Center Open. (Rezone at 1 Hamrick Drive)
Tagged Interests: ordinance, taxes, Taxes, zoning, property, and neighborhood

B. Ordinance 2020-22. An ordinance to rezone approximately 2.96 acres of

Tagged Interests: ordinance and zoning

real estate located in Beaufort County described as Beaufort County Tax District 112, Map 30, Parcel 4 in Beaufort County South Carolina to be

rezoned from T4 Neighborhood Center to T4 Neighborhood Center Open. (Rezone at 4 Sundown Bend)
Tagged Interests: taxes, Taxes, zoning, property, and neighborhood

C. Ordinance 2020-23. An ordinance to authorize the Town Manager to convey

Tagged Interests: ordinance and manager

excess real property to facilitate construction of sidewalks within the Town described as Beaufort County Tax District 113, Map 10, Parcel 75

(approximately 2,048.1 feet along the eastern boundary between 12th Street and Ritter Circle)
Tagged Interests: construction, streets, taxes, Taxes, property, and Pedestrian

D. Ordinance 2020-24. An ordinance to authorize the Town Manager to convey

Tagged Interests: ordinance and manager

excess real property to facilitate construction of sidewalks within the Town described as Beaufort County Tax District 110, Map 11, Parcel 436

(approximately 53 feet. on 16th Street) 813 16th Street
Tagged Interests: construction, streets, taxes, Taxes, property, and Pedestrian

VII. COUNCIL ACTION:

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A. Agreement of Destination Marketing Organization B. Dedication of Cypress Wetlands Amphitheater

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VIII. IMPORTANT INFORMATION AND DATES:

A. Tuesday, September 15, 2020, 4:30pm Redevelopment Commission

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IX. COUNCIL S COMMENTS:

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X. PUBLIC COMMENTS: At this time, the Mayor will recognize members of the audience who have submitted speaker forms to address the Council on

non-agenda items. Each speaker will be limited to two minutes.
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XI. ADJOURNMENT

In accordance with South Carolina Code of Laws, 1976, Section 30-4-80(d), as amended, notification of the meeting was posted on the Town bulletin

board two weeks prior to the meeting. A copy of the agenda was given to the local news media and posted at the meeting location twenty-four hours prior to the meeting.
Tagged Interests: boards and commissions

The Town of Port Royal does not discriminate on the basis of disability in the admission to, access to, or operations of programs, services, or

activities. Qualified individuals who need accessible communication aids and services or other accommodations to participate in programs and activities are invited to make your needs and preferences known to the 504/ADA coordinator. If at all possible, please give us at least a three to five day advance notice so we can adequately meet your needs. 504/ADA coordinator at 843-986-2245
Tagged Interests: special needs individual, disability, services, program, communications, and Communications

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STATE OF SOUTH CAROLINA) Agreement for Professional Services

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TOWN OF PORT ROYAL ) Destination Marketing Organization

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THIS AGREEMENT FOR PROFESSIONAL SERVICES, (Agreement) in entered into by and between the Town of Port Royal, a political subdivision of the State of

South Carolina ( Town ) and the Greater Beaufort-Port Royal Convention and Visitor s Bureau, a nonprofit corporation existing un- der the laws of South Carolina. ( CVB ).
Tagged Interests: nonprofit, subdivision, services, and conventions

WHEREAS, tourism plays an important role in the social, cultural and economic vibrancy of Port Royal; and

Tagged Interests: tourism

WHEREAS, the tourism marketplace is highly competitive, and becoming increasingly so as other regional areas strive to capture the market share; and

Tagged Interests: market and tourism

WHEREAS, the Town recognizes the tourism industry s contribution to the Town and the benefits that come from being a recognized tourism destination,

therefore the Town is committed to be- coming a first-class tourism destination, taking a leadership role in increasing tourism s contribu- tion to the sustainable growth and development of Port Royal; and
Tagged Interests: recognition, economic development, development, tourism, Development, and growth

WHEREAS, accommodations tax is a state and local tax that is levied on the lodging industry and South Carolina Code 6-4-10(3) requires thirty percent

of the state received accommodations tax be awarded to a nonprofit corporation approved by the Town as its Destination Marketing Orga- nization ( DMO ).
Tagged Interests: nonprofit, market, economic development, accommodations tax, taxes, and Taxes

WHEREAS, such funds are allocated to a special fund used only for advertising and promotion of tourism to develop and increase tourist attendance,

(Promotional Fund ).
Tagged Interests: funding, tourism, and advertising

WHEREAS, the Promotional Fund is not part of the general fund of the Town.

WHEREAS, The CVB is the Town s approved DMO for the incorporated area Port Royal.

WHEREAS, the CVB is a nonprofit corporation governed by a Board of Directors as required by South Carolina Non-Profit Act ( ACT ). The Town has an

appointed representative on the CVB Board of Directors as provided by the CVB bylaws. The CVB agrees not to modify the bylaws and remove this assigned seat from the Town without prior approval.
Tagged Interests: nonprofit, boards and commissions, and appointments

WHEREAS, Tourism is changing as short term rentals and related programs serve an increasing number of visitors to the DMO area.

Tagged Interests: tourism, program, rental, and short-term rental

WHEREAS, the Town has determined that entering into an agreement with the CVB related to its role as DMO is in the best interest of the Town to

satisfy certain compliance and operating stan- dards.
Tagged Interests: compliance

WHEREAS, the CVB desires to enter into this agreement to delineate responsibilities and expec- tations between the parties and to increase

opportunities for cooperation.

NOW THEREFORE, it is hereby agreed to as follows:

1 Mutual Compliance with Laws. The Town and the CVB agree that each of them shall ad- here to all applicable laws which govern their respective

entities. These laws include Title VII of
Tagged Interests: compliance

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the Civil Rights Act of 1964, the age discrimination Employment Act of 1967, the Title I of the Americans with Disabilities Act of 1990, the Equal

Pay Act of 1963, the Fair Labor Standards Act of 1938, the Immigration Reform and Control Act of 1986, the South Carolina Wage Act, the South Carolina Worker s Compensation act, all laws related the South Carolina Accommodations Act, the South Carolina Non-Profit Corporation Act, and all laws administered and enforced by the South Carolina Department of Revenue and the Internal Revenue Service.
Tagged Interests: compensation, race relations, nonprofit, discrimination, employment, Title I, and Immigration

2. CVB Responsibilities.

2.1 Audit. The CVB agrees to provide an independent auditor s report to the Town on an annual basis with regard to each of its fiscal years. The

audit report will be delivered within 6 months of the end of each fiscal year.
Tagged Interests: audit

The following standards shall apply to the audit and/or auditor. The audit shall be con- ducted in conformity with the statements, rules, policies,

and procedures set forth by the Ameri- can Institute of Certified Public Accountants. ( AICPA ).
Tagged Interests: procedure and audit

The Town intends to require that all non-profits receiving more than 25,000 in ATAX funding per year to comply with the auditing and reporting

required herein.
Tagged Interests: nonprofit, funding, accommodations tax, and audit

(a ). The audit will be performed in accordance with generally accepted auditing stan- dards (the GAAS ).

Tagged Interests: audit

(b ). The auditor will comply with all applicable statements on auditing standards (the SAS ) that are issued by the Auditor s Standing Board of the

AICPA.
Tagged Interests: boards and commissions and audit

(c ) The auditor will maintain malpractice insurance in an amount equal to at least One Mil- lion Dollars and No/100 s ( 1,000,000).

Tagged Interests: insurance and audit

(d ). The auditor will provide evidence of successful completion of the peer review process approved by the AICPA.

Tagged Interests: audit

2.2. DMO Report. The DMO agrees to produce and deliver to the Town a schedule of rev- enues and expenses for each fiscal year (the Report ). The DMO

Report revenue shall include all accommodations taxes received from the Town and/or the State of South Carolina. The report will be delivered with a statement signed by the President and the Board Chair stating that the re- port is accurate and complete.
Tagged Interests: boards and commissions, accommodations tax, taxes, and Taxes

2.3 Auditor. The CVB agrees to interview other accounting firms periodically but not less often than each three years. The Town s representative

shall participate in the interview process and recommendations.
Tagged Interests: audit

2.4 Tax Returns. The CVB agrees that the federal and state tax returns shall be prepared and filed by a tax professional that will execute the

returns as a tax preparer as defined by the Internal Revenue Service, and/or their regulations.
Tagged Interests: regulation, taxes, and Taxes

2.5 Promotional Fund. The CVB as DMO agrees to manage and direct the expenditure of the Promotional Fund pursuant to the requirements herein, in

compliance with SC law, Town policy and good business practices. For purposes of this Agreement, the Promotional Fund shall be those Accommodations Tax collected within the boundaries of the DMO area for which the CVB
Tagged Interests: business, accommodations tax, taxes, Taxes, compliance, and policy

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is DMO as previously described herein. The CVB shall be eligible to apply for annual supplemen- tal grants from the Accommodations tax pool, from the

emergency fund established by the Town and any fund created by pooling hospitality funds. All Town funds received by the CVB will shall be subject to auditing and reporting requirements of this Agreement.
Tagged Interests: funding, grant, accommodations tax, taxes, Taxes, emergency, and audit

2.6 Process: The CVB shall submit a budget of planned expenditures as part of its Promotional and Marketing plan. The budget will be provided not

more than 90 days after Council notifies CVB of the amount of funds available to CVB from the collections by Town. The budget shall be approved before submittal by CVB Board of Directors The Town has a Board seat as part of CVB by-laws. Town may appoint a Member of its choosing consistent with CVB By-laws with qualification determined by the Town. Appointee may not hold an elected public office while serving as a voting member of the CVB Board of Directors. Government appointments shall be dedicated to the promotion of travel and tourism in Northern Beaufort County.
Tagged Interests: funding, council, market, boards and commissions, budget, appointments, voting, travel, and tourism

2.7 Inspection Rights. The Town Manager (or a designee) may, upon reasonable notice, inspect the necessary financial records of the CVB to verify the

compliance of the Report.
Tagged Interests: finance, compliance, and manager

2.8 Legal Opinion. If after good faith efforts, the Town and CVB are unable to agree that all ex- penditures from the Promotional Fund are in

compliance with the then current requirements South Carolina Code Section 6-4-10(3) then the parties shall jointly select and retain a law firm to deliver a third party opinion that such expenditures are in compliance with South Carolina Law governing such expenditures. The legal opinion form and content shall adhere to the guidelines, to the extent applicable, of the South Carolina Third Party Legal Opinion Report approved by the Corporate, Banking and Securities Delegates of the South Carolina Bar on January 22, 2015. The Legal Opinion shall be borne by the party that does not prevail in the dispute.
Tagged Interests: legal and compliance

3. Performance Standards.

Tagged Interests: performance

3.1 DMO Standard. The Town and the CVB agree that Destinations International ( DI ) is the industry leader is setting standards and accreditations

with regards to destination marketing or- ganizations. The CVB agrees to maintain operational standards in accordance with DI during the term of this Agreement unless earlier termination provided herein. The Town agrees to encour- age all organizations receiving DMO funding be required to meet this minimum standard.
Tagged Interests: funding, market, economic development, and accreditation

3.2 DMO s Industry Metrics. The CVB will provide to the Town with certain tourism metrics such as:

Tagged Interests: economic development and tourism

(a) revenue per available hotel room and short-term rental unit;

Tagged Interests: hotel, rental, and short-term rental

(b) occupancy per available hotel room and short-term rental unit;

Tagged Interests: hotel, rental, and short-term rental

(c ) visitor spending studies;

(d) return on investment for visitor spending per dollar of investment;

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(e ) local tax revenues generated by visitors;

Tagged Interests: taxes and Taxes

(f) number of visitors;

(g) digital marketing metrics and results;

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(h) update on its public relation efforts to include media impressions and the dollar equivalent for the media impressions.

As metrics change and the industry evolves, the CVB agrees to provide the Town with the met- rics and reports that reasonably represent the intent of

the metrics described above.
Tagged Interests: economic development

4. Town s Industry Metrics. The Town will provide to the CVB certain tourism metrics such as:

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(a) the number of hotels and hotel rooms licensed by the Town to operate:

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(b) the number of residences including condominiums licensed as available to rent to visitors in the Town and an estimate of the number of unlicensed

residences and condominiums available to rent to visitors in the Town.
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(c ) the number of partial residence facilities licensed to rent to visitors in the Town and an esti- mate of the number of unlicensed partial

residences available to rent in the Town.
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(d) the number of campground sites and RV park sites licensed to rent to visitors in the Town and an estimate of the number of unlicensed campground

sites and RV park sites available to rent to visitors in the Town.
Tagged Interests: sites, parks, and license

5. CVB Covenants and Warranties.

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5.1 The CVB covenants and represents that it has all necessary licenses and consents re- quired to enter into and fully perform its obligations under

the terms of his Agreement.
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5.2 The CVB covenants and represents that it will comply with all state accommodations tax laws in administering the Promotional Fund.

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5.3 In addition to Section 1 above, the CVB will comply with Town Code of Ordinances Sections 66-29 and 66-44.

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6. Town Covenants and Representations.

6.1 The Town hereby covenants and represents that it will comply with all state accommodations tax laws in administering all such funds to the CVB

and other non-profit corporations.
Tagged Interests: nonprofit, funding, accommodations tax, taxes, and Taxes

6.2 The Town hereby covenants and represents that it shall comply with all such laws and pro- cedures in a manner not to discriminate against one

non-profit corporation over another non- profit corporation.
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6.3 The Town hereby covenants and represents that it shall cause the Funding to promptly be paid so that the CVB may implement its budget and

marketing plan.
Tagged Interests: funding, market, and budget

6.4 The Town hereby covenants and represents not to disturb, violate, request to be violated, any laws, loan covenants, policies and procedures,

including but not limited to, all federal and state laws and the South Carolina Non-Profit Act which affect the CVB.
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7. Term. The CVB and the Town agree and expect that continued quality performance as a DMO for the incorporated area of Port Royal is desirable. The

initial term of this shall be effective as of
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the date executed by both parties and shall continue for a period of 5 years to end on June 30th, 2025. Unless earlier terminated as provided herein,

the Agreement shall extend for 1 additional year each June 30 so the Agreement functions as a rolling 5-year Term Agreement. Expiration. Either party may elect to terminate the agreement after June, 2026 by providing the other party notice in June of the year preceding the year in which termination is desired. Requirements of termination notice shall include: A description of the reason the party desires to terminate the Agreement plus the following: If by CVB, a summary description of how transfer of responsibili- ties will be managed. If by Town, a description of the process and requirements that will apply to selecting a successor DMO to assume the responsibilities including a timetable indicating when a replacement DMO has been approved.

8. Termination.

8.1 If the CVB fails to perform those tasks the CVB has agreed to perform herein, the Town shall provide written notice to the CVB of the deficiency

and the CVB shall have one hundred eights (180) to cure the deficiency. If the deficiency is not cured and the CVB has not presented a plan for cure that is acceptable to the Town, then Town shall have the right to terminate the contract by providing ninety (90) day written notice to the CVB. In addition, the Town shall have the right to terminate the Agreement by providing ninety (90) day notice if the auditor or DMAI determines fraud has occurred in the operation of the CVB.
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9. Updates: The Town acknowledges that the DMO makes a minimum of two public presenta- tions to the ATAX committee each fiscal year. The CVB agrees

to report to the committee on two more occasions. Provided such presentations are scheduled as to not interfere with any other presentation the DMO is making to a governmental body.
Tagged Interests: accommodations tax

10. Other Provisions.

10.1 Headings. Headings to paragraphs in this Agreement shall not interpret or alter the meaning of the words in the respective paragraph, nor any

other provision of this Agreement

10.2 Notices: All notices to each party to this Agreement shall be in writing, and sent as follows:

Town:

Port Royal, South Carolina

Attn: Van Willis, Town Manager

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Address: P.O. Drawer 9, Port Royal, SC, 29935

CVB:

Greater Beaufort Port Royal Convention Visitors Bureau

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________________

________________

10.3 Form of Notice: All notices required or permitted under this Agreement shall be sent certi- fied mail with signature required.

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10.4 Merger Amendment and Waiver: Except as herein noted, this Agreement contains all the terms of all agreements, oral and written, between the

parties, and is the only document contain- ing all such terms Except as herein noted, this Agreement merges all prior discussions, negotia- tions, contracts, agreements and understandings between the Town and the CVB concerning the subject matter described herein. This Agreement may only be amended or varied by a written instrument signed by a duly authorized signatory of the Town and the CVB. Forbearance by ei- ther party from enforcing the strict terms of this Agreement shall not be a waiver of any term of this Agreement, nor shall forbearance entitle the other party to rely upon such forbearance in the future. Exceptions: The CVB is encouraged to apply for Town Funding from the portion of 2 Atax, 3 Atax, hospitality tax (Htax) and such programs as the counties offers now or in the future to support tourism. To the extent the CVB receives funds from any of those programs, the terms and conditions of such funding will be as determined in the grant making process and shall not be governed by this Agreement nor shall such grant relieve the CVB of its obligations agreed to herein.
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10.5. Independent Contractor Status. CVB shall not by entering into this Agreement, become a servant, agent, or employee of Town, but shall at all

times remain an independent contractor. This Agreement shall not be deemed to create any joint venture, partnership, or common enter- prise between CVB and Town.
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10.6 Attorneys Fees, Dispute Resolution. In the event of a dispute between the parties the pre- vailing party in any dispute shall be entitled to an

award of all reasonable attorneys fees and costs.
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Signatures

________________________ ________________________

Van Willis - Town Manager Robb Wells - President CEO Town of Port Royal Greater Beaufort-Port Royal CVB

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Welcome to the Pete Richards Cypress Wetlands Trail

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Where Birds of all Feathers Flock Together

In Recognition of

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Pete Richards February 18, 1942 February 28, 2020

For his Dedicated Leadership and Commitment in Creating

Friends of Port Royal Cypress Wetlands