Town Council

Fort Mill Town Council Regular Meeting October 11, 2021 6:00 p.m. Council Chambers 112 Confederate Street Fort Mill, SC 29715 AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION MINUTES Minutes of the September 27, 2021 Town Council Meeting PUBLIC COMMENT Pursuant to Section 2-46 of the Code of Ordinances for the Town of Fort Mill, any citizen of the Town may appear before council for the purpose of providing public comments on any municipal matter (except personnel matters). Those who wish to speak must sign in outside of Council Chambers prior to the start of the meeting. Citizens will be given 3 minutes each to speak. PRESENTATIONS Presentation #1 Proclamation to be presented by the Mayor to the Planning Department in recognition of Planning Month. Recipient – Penelope Karagounis EXECUTIVE SESSION Please Note: Council may take action on Executive Session Items listed on the agenda when they come back into Public Session. Page 1|2 Fort Mill Town Council Regular Meeting – Monday October 11, 2021  There are no Executive Session Items. OLD BUSINESS ITEMS There are no Old Business Items. NEW BUSINESS ITEMS New Business Item #1 First Reading and Public Hearing: An ordinance amending the zoning map of the Town of Fort Mill so as to change the zoning designation for York County Tax Map Number 020-04-04-004 from R-15 Residential to LC Local Commercial. – Penelope Karagounis New Business Item #2 A resolution accepting the streets within the Springview Meadows subdivision into the Town of Fort Mill Street Maintenance System. - Penelope Karagounis New Business Item #3 A resolution allowing alcohol and amplified sound for the “Hearty Hops Charity Foundation” event scheduled for Oct. 30, 2021. – Davy Broom INFORMATION/DISCUSSION There are no Information/Discussion items. ADJOURN The following press was notified of the meeting by email or fax in accordance of the Freedom of Information Act: The Herald; CN2; WRHI, WSOC and WBTV. The agenda was also posted on the board outside of the entrance to Town Hall the required length of time and on the Town website. The Town of Fort Mill is committed to assuring accessibility with reasonable accommodation, of Town services and facilities for all individuals, in compliance with federal law. Please contact the Town Manager’s Office at 803-547-2116 if you need assistance. Page 2|2 Fort Mill Town Council Regular Meeting – Monday October 11, 2021  Fort Mill Town Council Regular Meeting Minutes September 27, 2021 7:30 am Council Chambers 112 Confederate Street Fort Mill, SC 29715 PRESENT: Mayor Savage, Councilman Moody, Councilman Helms and Councilman Shirey were present. Councilman Huntley, Councilwoman Heemsoth and Councilwoman Cook were absent. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION Councilman Helms provided the invocation. MINUTES Minutes of the September 13, 2021,Town Council Meeting. Councilman Helms made a MOTION to approve the minutes of the September 13, 2021 Town Council Meeting. SECONDED by Councilman Shirey. Passed 4-0. PUBLIC COMMENT Pursuant to Section 2-46 of the Code of Ordinances for the Town of Fort Mill, any citizen of the Town may appear before council for the purpose of providing public comments on any municipal matter (except personnel matters). Those who wish to speak must sign in outside of Council Chambers prior to the start of the meeting. Citizens will be given 3 minutes each to speak. One (1) citizen signed up to speak: Page 1|4 Fort Mill Town Council Regular Meeting Minutes – Monday September 27, 2021  Kim Hanson – spoke about her concern of the trucks that come through Makayla Court and the maintenance it will cause. She would like to see this road adopted and maintained by the Town of Fort Mill. PRESENTATIONS Presentation #1 Fire Prevention Week Proclamation Mayor Savage read and presented the Fire Prevention Week Proclamation to Chipper Wilkerson, Fire Chief, of the Town of Fort Mill. EXECUTIVE SESSION Please Note: Council may take action on Executive Session Items listed on the agenda when they come back into Public Session. There were no Executive Session Items OLD BUSINESS ITEMS Old Business Item #1 Second Reading: of Budget Ordinance for Fiscal Year 2021-2022 An ordinance to adopt the budget for the Town of Fort Mill, South Carolina for the fiscal year beginning October 1, 2021, and ending September 30, 2022. Davy Broom, Town Manager, went over some changes since First Reading. Councilman Helms made a MOTION to approve an ordinance to adopt the budget for the Town of Fort Mill, South Carolina for the fiscal year beginning October 1, 2021, and ending September 30, 2022. SECONDED by Councilman Shirey. Passed 4-0. Old Business Item #2 Second Reading: of Millage Ordinance for Fiscal Year 2021-2022 An ordinance to raise revenue by setting the tax millage for the Town of Fort Mill, South Carolina for the tax year ending December 31, 2021, and for the fiscal year ending September 30, 2022. Davy Broom stated that there were no changes since First Reading. Councilman Helms made a MOTION to approve an ordinance to raise revenue by setting the tax millage for the Town of Fort Mill, South Carolina for the tax year ending December 31, 2021, and for the fiscal year ending September 30, 2022. SECONDED by Councilman Shirey. Passed 4-0. Page 2|4 Fort Mill Town Council Regular Meeting Minutes – Monday September 27, 2021 NEW BUSINESS ITEM New Business Item #1 Consideration of allocations for Town of Fort Mill Accommodation Grant Funds. Davy Broom explained to council that: Chapter 4, of Title 6 the South Carolina Code of Laws provides for the allocation of the Accommodations Tax revenues collected by a county or municipality and provides that a portion of the Accommodations Taxes be allocated by the municipality or county for a special “Tourism-related Fund” to be used for “tourism related expenditures. The state Tourism Expenditure Review Committee has defined a tourist as a non-resident who travels 50 miles or more one way, from the traveler’s origin. The Fort Mill Accommodations Tax Committee is tasked to review all applicants’ requests and determine what percentage of those requests serve qualifying tourists. The goal is to fund events that bring visitors into our hotels to regenerate more accommodation tax dollars. These funds are not for events or venues that serve residents. The Town received three (3) applications this year for Accommodations Tax grants. The FM History Museum, Anne Springs Close Greenway and the Town of Fort Mill. The Accommodations Tax Advisory Committee met on September 7th and September 21st to go over the applications and decide on funding recommendations for these entities. The breakdowns are as follows: Town of Fort Mill Qualifying events: The SC Strawberry Festival and amphitheater concert w/ National Touring Artist Amount Requested: $8,120.00 Amount voted to fund by Committee: $8,120.00 Anne Springs Close Greenway Qualifying events: Earth Day Weekend, The Greenway’s Signature Race Series and Private Events (weddings/bridal events, conferences, corporate groups, etc.) Amount Requested: $33,458.50 Amount voted to fund by Committee: $33,458.50 Fort Mill History Museum Qualifying events: Lanterns & Legends tours, Historic Homes tour, Spring Sanctuary tours, Springs of Achievement Sculpture tours and museum visitors. Amount Requested: $60,291.00 Amount voted to fund by Committee: $15,072.75 Page 3|4 Fort Mill Town Council Regular Meeting Minutes – Monday September 27, 2021  Councilman Helms made a MOTION to approve the amounts recommended by the Accommodations Tax Advisory Committee. SECONDED by Councilman Shirey. Passed 4-0. INFORMATION/DISCUSSION Information/Discussion Item #1 An ordinance amending the Zoning Ordinance for the Town of Fort Mill; Article II, requirements by District; Section 24, COD/COD-N Corridor Overlay District; Subsection 12, Signs; to delete pole signage; Article III, Signs; to amend the requirements for temporary signage and to delete pole signage; Article VI, Administration, enforcement, penalties, and fees; Section 4, temporary uses and special events; Subsection E, temporary signs; to amend the consecutive day limit as to reflect changes in Article III. Penelope Karagounis, Planning Director, answered questions from council members regarding the proposed ordinance to change the law regarding signage. After much discussion, Ms. Karagounis told council that she thought that she has enough direction now to amend the ordinance accordingly and have it ready to present to Council at a later time. ADJOURN Councilman Helms made a MOTION to adjourn. SECONDED by Councilman Moody. Passed 4-0. Being no more business to conduct, the meeting adjourned at 8:42 am. The following press was notified of the meeting by email or fax in accordance of the Freedom of Information Act: The Herald; CN2; WRHI, WSOC and WBTV. The agenda was also posted on the board outside of the entrance to Town Hall the required length of time and on the Town website. Respectfully Submitted: Virginia C. Burgess, CCC Town Clerk The Town of Fort Mill is committed to assuring accessibility with reasonable accommodation, of Town services and facilities for all individuals, in compliance with federal law. Please contact the Town Manager’s Office at 803-547-2116 if you need assistance. Page 4|4 Fort Mill Town Council Regular Meeting Minutes – Monday September 27, 2021  Meeting Information Meeting Type Town Council Meeting Date October 11, 2021 Request Summary Action (Old Bus.) X Action (New Bus.) Info/Discussion Request Type X Public Hearing Executive Session Other Case Summary Annexation X Rezoning Text Amendment Case Type Subdivision Plat Appearance Review Other Property Information Applicant Durban Development Property Owner Coleman Wallace Tax Map Number 020-04-04-004 Acreage .70 + / - acres Current Zoning R-15 Proposed Zoning LC Local Commercial Existing Use Vacant Commercial Building Title AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF FORT MILL SO AS TO CHANGE THE ZONING DESIGNATION FOR YORK COUNTY TAX MAP NUMBER 020-04-04-004 FROM R-15 RESIDENTIAL TO LC LOCAL COMMERCIAL. Background Information Site The property is located at 314 N. White Street across from Walter Y. Elisha Characteristics Park. It contains a vacant commercial building that was formerly Coleman’s Garage. Neighboring Uses Direction Zoning Existing Use North R-15 Vacant South LC The Springs Company Headquarters East R-15 Single-family Residential West GI Walter Y. Elisha Zoning Summary The applicant has requested a rezoning of the property from R-15 Residential to LC Local Commercial for the purposes of redeveloping the property into a restaurant. The subject parcel was previously used as an auto-repair business; a non-conforming use in the R-15 district. The R-15 district is intended for “low-to-medium density residential” development. The R-15 district allows single-family residences, public facilities, and noncommercial agricultural uses by right, as well as daycare facilities, and religious institutions as conditional uses. The LC district is intended for the development of local or “main street” oriented businesses and commercial areas. The LC district allows a variety of uses, including but not limited to retail stores, businesses involving the rendering of a personal service or the repair and service of small equipment, churches, residential uses, and public uses by right. Conditional uses include, bakeries, bed and breakfast inns, contractor’s offices, restaurants, dry cleaners, pet shops, and public utility uses. Because the property is less than two acres, the property must be zoned consistent with one or more of the surrounding parcels. The neighboring properties are currently zoned as follows: GI (currently used as Walter Y. Elisha Park), LC (Springs Headquarters, which was rezoned from R-15 to LC) and R-15 (Residential). The property is also located within the town’s historic preservation overlay district. Comprehensive The subject property is located within an area that has been designated as Plan “Mixed – Use Town Center” on the Town of Fort Mill’s Future Land Use Map. This land use classification is intended to preserve a pedestrian oriented downtown by accommodating a unique mix of office, service, retail, entertainment, cultural, government, civic, and medium to high density residential areas. All development should be compatible with the existing and historic environment and with nearby residential areas. This is an area where residential and nonresidential uses can easily be developed as mixed-use buildings, integrated to create a pedestrian friendly self-sustaining development with a mix of housing options. The compact, walkable environment and mix of residential and non-residential uses in a Town Center often support multiple modes of transportation. The Mixed-Use Town Center supports the overall concept of the applicant’s proposal. Traffic Impact The completion of a traffic impact analysis (TIA) is required. Preparation of this TIA was completed by the town’s traffic engineering consultant and included coordination with SCDOT. Completion of this TIA indicated the necessity of off- site transportation improvements to mitigate the development’s impact to the transportation network. Construction of these off-site transportation improvements will be the responsibility of the developer. A copy of the transportation mitigation agreement (TMA) is attached to this report. Fire Impact The property is located approximately 0.6 miles (2 Minutes) ordinary driving distance from the town’s Fire Station on Tom Hall Street. Utility Impact The subject property will be served by the town’s water and sewer system. The applicant would be required to work with the Town of Fort Mill Utilities Department to determine all improvements necessary to serve the property. School Impact The applicant’s request would not provide any additional impact to the Fort Mill School District Discussion As referenced above, the property is currently zoned R-15. The applicant has requested to change the zoning designation from R-15 to LC Local Commercial, with the intent of redeveloping the property into restaurant. Portions of N White Street are historically commercial in nature. The comprehensive plan’s vision for the downtown area is to transition over time to a vibrant, mixed-use node containing medium to higher density residential and a variety of neighborhood commercial uses, such as shops, restaurants, and professional offices. With the pending request to rezone the property from R-15 to LC, in staff’s opinion, applying the local commercial zoning designation in the downtown area would be appropriate in this circumstance, and would be consistent with the long-term goals and mixture of uses envisioned for the downtown area. The applicant will also need to go to the Historic Review Board to receive a Certificate of Appropriateness for the renovated building. If the property is rezoned, the applicant would be able to redevelop the property for the intended use (restaurant) or any other use that is allowed in the LC district. Should the use change from the currently proposed restaurant use, an amended TIA may be required prior to the issuance of a permit for construction. If the property is not rezoned, the applicant would not be able to redevelop the property for their intended use (restaurant). If the property has remained vacant for less than 12 months, the property owner could reestablish the prior use (auto garage). If the property has remained vacant for more than 12 months, then the property would lose its grandfathered non-conforming status and any future use would have to conform to the eligible uses under the current R-15 zoning. September 21, The Planning Commission met on September 21, 2021 and heard the rezoning 2021 Planning request of Durban Development to rezone York County Tax Map Number 020- Commission 04-04-004 from R-15, Residential to LC, Local Commercial. The Planning Meeting Commission recommended approval of the rezoning request by a vote of 5-0. Commissioner Lucarelli and Commission Lettang were absent. The Planning Commissioners were happy to see the revitalization effort for the building (Coleman’s Garage). The Commissioners discussed that they would like to see a crosswalk. Staff explained to the Commissioners that the TMA  suggested a potential pedestrian improvement from the proposed site to the Park. However, this would need to be discussed further with SCDOT if the crosswalk is warranted. Alternatives 1. Approve first reading of the rezoning request with a zoning designation of LC Local Commercial 2. Deny first reading of the rezoning request with a zoning designation of LC Local Commercial Agenda Action Item The property is eligible for a rezoning request and the proposed request Agenda Item Status meets all zoning requirements. Name & Title Penelope Karagounis, Planning Director Department Planning Department Date of Request August 23, 2021 Legislative History Planning Commission 9/21/2021: Held; Recommendation to Approve by a vote of 5-0 First Reading 10/11/2021: Scheduled Public Hearing 10/11/2021: Scheduled Second Reading 10/25/2021: Tentative Effective Date Upon adoption Attachments • Application • Zoning Map • Aerial Image • TMA • Draft Ordinance Zoning Map Aerial Image  STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2021-___ AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF FORT MILL SO AS TO CHANGE THE ZONING DESIGNATION FOR YORK COUNTY TAX MAP NUMBER 020-04-04-004 FROM R-15, RESIDENTIAL TO LC, LOCAL COMMERCIAL. Pursuant to the authority granted by the Constitution of the State of South Carolina and the General Assembly of the State of South Carolina, BE IT ENACTED BY THE TOWN COUNCIL FOR THE TOWN OF FORT MILL: SECTION I. The Zoning Map of the Town of Fort Mill is hereby amended to change the zoning classification for the York County Tax Map Number 020-04-04-004, Containing approximately .70 + / - acres, from R-15 Residential to LC Local Commercial. A property map of the parcel subject to this rezoning ordinance is attached hereto as Exhibit A. SECTION II. If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby. SECTION III. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. Effective Date. This ordinance shall be effective from and after the date of adoption. SIGNED AND SEALED this _____ day of ___________________, 2021, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2021. First Reading: 10/11/2021 TOWN OF FORT MILL Public Hearing: 10/11/2021 Second Reading: TBD ______________________________ Guynn H. Savage, Mayor LEGAL REVIEW ATTEST ______________________________ ______________________________ Barron B. Mack, Jr, Town Attorney Virginia Burgess, Town Clerk  EXHIBIT A Property Map York County Tax Map Number 020-04-04-004  Meeting Information Meeting Type Town Council Meeting Date October 11, 2021 Request Summary Action (Old Bus.) X Action (New Bus.) Info/Discussion Request Type Public Hearing Executive Session Other Case Summary Annexation Rezoning Text Amendment Case Type Subdivision Plat Appearance Review X Other Property Information Applicant Pulte Home Company, LLC Property Owner Pulte Home Company, LLC Location Springview Meadows -entire subdivision Street Name(s) Crescent Moon Drive, Angel Oak Drive, Palm Drive Length 3,856 linear feet Right-of-Way 50 feet Current Zoning R-5 Title A resolution accepting the streets within the Springview Meadows subdivision into the Town of Fort Mill Street Maintenance System Background Information Discussion The Town’s Street Acceptance Policy, which was adopted by council on April 11, 2016 and last amended on May 14, 2018, includes the eligibility requirements, application procedures, and the review inspection and approval process for all streets offered to the Town for public ownership and maintenance. An application was submitted by Pulte Home Company, LLC for the entire subdivision of Springview Meadows. All roads were recorded prior to the establishment of the Street Acceptance Policy and therefore are exempt from the inspection fee and surety bond.  The Planning Department has reviewed the application for completeness and accuracy. The subdivision is 100% built out, which meets/exceeds the requirements of the street acceptance policy. Maintenance agreements for landscaped medians and other non-standard right-of-way sections have been completed and recorded. The Public Works and Utilities Departments have reviewed the roads submitted for acceptance and found them to be in compliance with the Town’s specifications and requirements. Should Town Council vote to approve this resolution accepting the streets, the developer would enter into a one-year warranty period during which time they are responsible for any maintenance to the streets. Upon the closing of the warranty period, the Town would take over the maintenance responsibility for the streets. Alternatives 1. Approve the resolution accepting the streets listed into the Town of Fort Mill Street Maintenance System. 2. Do not approve the resolution accepting the streets listed into the Town of Fort Mill Street Maintenance System. Staff Contact Name & Title Penelope G. Karagounis, Planning Director Department Planning Department Date of Request October 11, 2021 Legislative History Adoption Scheduled: 10/11/2021 Effective Date Pending (Effective Upon Adoption) Attachments • Location Map • Resolution Location Map – Springview Meadows Subdivision STATE OF SOUTH CAROLINA ) ) RESOLUTION NO. 2021 -____ TOWN OF FORT MILL ) A RESOLUTION ACCEPTING THE STREETS WITHIN THE SPRINGVIEW MEADOWS SUBDIVISION INTO THE TOWN OF FORT MILL STREET MAINTENANCE SYSTEM WHEREAS, Section 32-115(b) of the Code of Ordinances for the Town of Fort Mill requires that all streets which are offered for acceptance into the Fort Mill Street Maintenance System shall be subject to the Town’s Street Acceptance Policy; and WHEREAS, Town Council adopted a resolution to establish a Street Acceptance Policy for the Town of Fort Mill on April 11, 2016; and WHEREAS, Town Council amended the Street Acceptance Policy so as to exempt streets which were recorded prior to April 11, 2016 from the one-time street inspection fee, and authorizing alternative testing methods when testing and inspection reports are not available, and exempt a surety bond or letter of credit at their meeting on September 25, 2017; and WHEREAS, Town Council further amended the Street Acceptance Policy so as to add clarifying language relating to Town Council’s authority for approvals at their meeting on May 8, 2018; and WHEREAS, an application has been submitted that was deemed complete, the streets were determined to meet the requirements as established by the Zoning Ordinance, Code of Ordinances and Street Acceptance Policy; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Town of Fort Mill will accept the following street(s) into the Town of Fort Mill Street Maintenance System: Crescent Moon Drive, Angel Oak Drive, and Palm Drive in the Springview Meadows subdivision. SIGNED AND SEALED this _____ day of ___________________, 2021, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2021. _______________________________ Guynn H. Savage Mayor Witness: _______________________________ Virginia Burgess Town Clerk HEARTY HOPS CHARITY FOUNDATION IS SEEKING PERMISSION FOR USE OF A SECTION OF THE MUNICIPAL PARKING LOT LOCATED BEHIND AMOR ARTIS IN DOWNTOWN FORT MILL. THE FOUNDATION IS ALSO SEEKING A RESOLUTION FOR PUBLIC ALCOHOL CONSUMPTION AND AMPLIFIED SOUND FOR SATURDAY, OCTOBER 30, 2021, FROM 6:30PM-1030PM. This event is a fundraiser for The HEARTest Yard and 809 Foundation. Application submitted by John Elvington. -Heartest Yard is for families of babies born with congenital heart disease. The HEARTest Yard was formed by Carolina Panthers tight end Greg Olsen and his wife Kara after their son was born with Hypoplastic Left Heart Syndrome. The HEARTest Yard provides healthcare support and services to ease the transition from the hospital to home. Through a partnership between the Greg Olsen Foundation and Atrium Health Foundation, the HEARTest Yard Fund offers a range of services, including in-home private nursing care, physical therapy, and speech therapy, at no charge to families. The program ultimately aims to help prevent children's complications from congenital heart disease and improve their long-term health. -809 Foundation exists to further the legacy of Detective Michael R. Doty - killed in the line of duty - by providing assistance in: substance abuse prevention and treatment; youth mentoring; and community unity. DETAILS: -The event will be held inside of Amor Artis, also utilizing their outdoor deck, in addition to the Municipal Lot for a band and 1-2 additional tents. -The event is all for donations. -The event will include sponsors of local corporate groups to support an effort to raise money and awareness of this foundation and why it exists. It will highlight attendees who know people with heart issues and diseases since birth or as a young child. -The event will include: a band, catering from Improper Pig, Hobos, possibly 1 Food Truck and an auction. -Steve & Travis Tolson have contacted R. Hanauer Bowties for permission for use of their space behind their business. -The event will use 809 Foundation as servers to raise money for their foundation. -Amor Artis is making a special beer for this event. -John’ goal is to bring FM together for this great event, people and businesses, to enjoy downtown Fort Mill, support some great charities and have a responsible fun time!! Applicant Requests for Town Staff: No Town Staff requested for this event. Town Events Committee Recommendations: -Town Events Committee has discussed this event and supports permitting it. -Town Events Committee asked applicant to put barricades around part of Municipal Lot that will be in use and the applicant has agreed to do this. -Town Staff recommended placing temporary handicap signs in some extra spaces in Municipal Lot since one will be used by the event. Town Public Works Department will place these on the Friday before the event. -Events Coordinator will obtain required insurance documents from vendors that will use Municipal Lot. -Town Staff is asking for a Resolution for Public Alcohol Consumption and Amplified Sound. Town Council Meeting New Business Item Hearty Hops Charity Foundation Fundraiser A resolution designating the Municipal Lot located behind Amor Artis at 208 Main Street, as the site of a public event on Saturday, October 30, 2021, from 6:30pm until 10:30pm in which alcoholic beverages may be possessed and consumed, and to authorize a special event permit for live music and sound amplifying equipment. Pursuant to Sec. 24-30(b)(2) of the Code of Ordinances for the Town of Fort Mill, the Council is asked to consider a request from Town of Fort Mill, Events Coordinator, Jacona Hester, to designate the Municipal Lot, located behind 208 Main Street, as the site of a public event at which alcoholic beverages may be possessed, and consumed. This request would allow for an exception from the public consumption ordinance on Saturday, October 30, 2021. With Council’s approval, alcohol possession and consumption would be permitted between 6:30pm until 10:30pm on Saturday, October 30, 2021. The process of selling alcohol inside the establishments, would be: ID checks and zero-tolerance enforcement managed by each establishment and charity organizer. Pursuant to Sec. 24-34(c)(2)(l) of the Code of Ordinances for the Town of Fort Mill, the Council is also asked to consider a request to authorize a special event permit for live music and sound amplifying equipment on Saturday, October 30, 2021, from 6:30pm until 10:30pm. The Town’s noise ordinance allows Council to grant permits to “responsible organizations to broadcast programs of music, speeches or general entertainment as a part and in recognition of a community celebration of national, state or town events, public festivals, or outstanding events of a noncommercial character, provided that traffic on the streets is not obstructed by reason thereof and adequate provisions will be made to minimize the disturbance to neighboring residential areas.” Hearty Hops Foundation proposes to offer musical offerings from a band in the Municipal Lot. Staff will be available during the meeting to answer any questions that Council may have regarding either of these items. Recommendation It is recommended that Council approve the request. Jacona Hester, Town of Fort Mill Events Coordinator October 11, 2021 STATE OF SOUTH CAROLINA TOWN OF FORT MILL A RESOLUTION DESIGNATING THE MUNICIPAL LOT AS THE SITE OF A PUBLIC EVENT AT WHICH ALCOHOLIC BEVERAGES MAY BE CONSUMED, AND TO AUTHORIZE A SPECIAL EVENT PERMIT FOR LIVE MUSIC AND SOUND AMPLIFYING EQUIPMENT ON SATURDAY, OCTOBER 11, 2021. WHEREAS, Sec. 24-30 of the Code of Ordinances of the Town of Fort Sec. 24-30. Display, consumption of beer, wine or other alcoholic beverages in public. It shall be unlawful to openly display or consume any beer or wine or other alcoholic beverage in or from any container on any public street or sidewalk, in any public parking areas, parks, recreation areas, or at any public gathering place excluding the following: i.Private businesses; ii.Any areas as designated and approved in a Special Event Permit issued by the Town of Fort Mill. a. This section is not intended to be in conflict with and will not be in conflict with any state laws regulating the consumption of sealed, licensed liquors. b. The application of this section shall in no way affect the enforcement or prosecution of violations of Section 24-26. - Breach of peace; disorderly conduct; obscenity; drunkenness; indecent or dangerous conduct, or any other Town Ordinances or State Law. c. Any person found to be guilty of violating the terms of this section shall, upon conviction be punished in accordance with Section 1-6. WHEREAS, Sec. 24-34(c)(2)(l) of the Code of Ordinances for the Town of Fort Mill generally prohibits loud, disturbing and unnecessary noise from sound amplifying devices; however, the council may grant a special event permit to responsible organizations to broadcast programs of music, speeches or general entertainment as a part and in recognition of a community celebration of national, state or town events, public festivals, or outstanding events of a noncommercial character, provided that traffic on the streets is not obstructed by reason thereof and adequate provisions will be made to minimize the disturbance to neighboring residential areas; and WHEREAS, the Hearty Hops Charity Foundation Fundraiser scheduled to take place Saturday, October 30, 2021, and WHEREAS, the Town Council has determined that the applicant has proposed and will take the necessary precautions to protect public safety and minimize the impact of unreasonable noise to surrounding residences; NOW THEREFORE BE IT RESOLVED, that the Mayor and Town Council for the Town of Fort Mill does hereby designate the Municipal Lot, located behind Amor Artis at 208 Main Street, as the site of a public event at which alcoholic beverage may be consumed, on Saturday, October 30, 2021.  BE IT FURTHER RESOLVED, that the Mayor and Town Council further authorizes a special event permit for live music and sound amplifying equipment in the Municipal Lot located behind Amor Artis at 208 Main Street on Saturday, October 30, 2021. SIGNED AND SEALED this _____ day of ___________________, 2021, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2021. Signed: ________________________________ Guynn Savage Mayor Witness: ________________________________ Virginia Burgess Town Clerk HEARTY HOPS FUNDRAISER PARING LOT SITE MAP SATURDAY, OCTOBER 30, 2021 @ 6:30pm-10:30pm