Town Council

Fort Mill Town Council Regular Meeting December 13, 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 November 8, 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 Presentation of awards to Christmas Parade winners – Jacona Hester OLD BUSINESS ITEMS Old Business Item #1 Second Reading: An Ordinance to Adopt a Revised Business License Ordinance in Accordance with the Business License Standardization Act (2020 ACT No. 176) – Chris Pettit Page 1|2 NEW BUSINESS ITEMS New Business Item #1 A resolution amending the town of fort mill personnel manual so as to update section 9 entitled attendance and leave to include a temporary policy to the section regarding additional sick leave as related to covid-19. – Debbie Hardin New Business Item #2 Utility connection request for property located outside of Town limits – Davy Broom INFORMATION/DISCUSSION Information/Discussion Item #1 Proposed allocation of American Rescue Plan Funding – Davy Broom EXECUTIVE SESSION Please Note: Council may take action on Executive Session Items listed on the agenda when they come back into Public Session. Executive Session Item #1 Discussion on personnel contractual matter regarding the Town Attorney Executive Session Item #2 Discussion incident to personnel matters pertaining to part-time municipal judge Executive Session Item #3 Discussion incident to personnel matters pertaining to Town Manager annual review 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 Minutes November 8, 2021 6:00 p.m. Council Chambers 112 Confederate Street Fort Mill, SC 29715 PRESENT: Mayor Savage, Councilman Helms, Councilman Moody, Councilwoman Heemsoth, Councilman Shirey and Councilwoman Cook were present. Councilman Huntley was absent. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION Councilman Helms provided the invocation. MINUTES Minutes of the October 11, 2021, Town Council Meeting Councilman Helms made a MOTION to approve the minutes of the October 11, 2021 Town Council Meeting. SECONDED by Councilman Shirey. Passed 6-0. 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. There were no citizens signed up to speak during Public Comment. PRESENTATIONS Page 1|8  Presentation #1 Fort Mill Christmas Village featuring The Lighting of the Tree Jacona Hester gave a power pointe presentation with information regarding the Fort Mill Christmas Village program featuring the Lighting of the Tree that will be held on December 2, 2021 from 5:00 to 8:30 pm. All details of this event can be found on the Town website: www.fortmillsc.gov . EXECUTIVE SESSION Please Note: Council may take action on Executive Session Items listed on the agenda when they come back into Public Session. Executive Session Item #1 Discussion on personnel contractual matter regarding the Town Attorney Councilwoman Cook made a MOTION to go into Executive Session. SECONDED by Councilman Helms. Passed 6-0 Councilman Helms made a MOTION to come out of Executive Session. SECONDED by Councilman Shirey. Passed 6-0 Mayor Savage stated that no votes or actions were taken during Executive Session. OLD BUSINESS ITEMS Old Business Item #1 Second Reading: 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. - 314 White Street, Penelope Karagounis stated that there were no changes since First Reading. Councilman Shirey made a MOTION to approve Second Reading of 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. - 314 White Street. SECONDED by Councilman Helms. Passed 6-0. NEW BUSINESS ITEMS New Business Item #1 First Reading: An Ordinance to Adopt a Revised Business License Ordinance in Accordance with the Business License Standardization Act (2020 ACT No. 176) Chris Pettit explained the following to Council: Page 2|8  In September of 2020, the South Carolina General Assembly adopted the South Carolina Business License Standardization Act (the “Act), which requires all municipalities and counties that impose a business license tax to revise their ordinances in order to align to the Act’s standard requirements. The Municipal Association of South Carolina (MASC) subsequently developed a model ordinance for municipalities to use that meets the Act’s requirements. The model ordinance, which has been adapted for use by the Town and is attached to this staff report for first reading approval, primarily differs from the Town’s current business license program in one way. The Town’s current program requires businesses to pay their license fees by the end of February with penalties being imposed starting March 1st. The model ordinance will standardize due dates across the state and require fees being due by April 30th and penalties being imposed starting May 1st. While this shift in due date will likely result in some of the Town’s revenue being delayed as compared to prior years, staff does not anticipate any budgetary issues as a result of this change. By adopting the ordinance as written and administratively following the guidelines of the Act, the Town would be in full compliance of all new state law requirements for the 2022 business license year and could continue the operation of our business license program. As mentioned previously, some revenue will likely be delayed due to the shift in due dates, but it is not anticipated to cause any budgetary issues for the Town. In future years, staffing may need to be adjusted to accommodate additional work necessitated by complying with the Act and the model ordinance. Councilman Shirey made a MOTION to approve First Reading of an ordinance to Adopt a Revised Business License Ordinance in Accordance with the Business License Standardization Act (2020 ACT No. 176). SECONDED by Councilman Helms. Passed 6-0. New Business Item #2 A resolution accepting the streets within the Masons Bend (Phase 1) subdivision into the Town of Fort Mill Street Maintenance System. Penelope Karagounis explained the following to Council: An application was submitted by Crescent Masons Bend, LLC for the Masons Bend Phase 1. 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 Masons Bend Phase 1 subdivision is 100% built out, Page 3|8  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. Councilman Shirey made a MOTION to approve a resolution accepting the streets within the Masons Bend (Phase 1) subdivision into the Town of Fort Mill Street Maintenance System. SECONDED by Councilwoman Heemsoth. Passed 6-0. New Business Item #3 A resolution accepting the streets within the Masons Bend (Phase 2) subdivision into the Town of Fort Mill Street Maintenance System – Penelope Karagounis Councilman Shirey made a MOTION to approve a resolution accepting the streets within the Masons Bend (Phase 2) subdivision into the Town of Fort Mill Street Maintenance System. SECONDED by Councilwoman Cook. Passed 6-0. New Business Item #4 A resolution accepting the streets within the Masons Bend (Phase 3) subdivision into the Town of Fort Mill Street Maintenance System – Penelope Karagounis Councilman Shirey made a MOTION to approve a resolution accepting the streets within the Masons Bend (Phase 3) subdivision into the Town of Fort Mill Street Maintenance System. SECONDED by Councilwoman Cook. Passed 6-0. New Business Item #5 A resolution accepting the streets within the Masons Bend (Phase 1A, 2A, and 3A) subdivision into the Town of Fort Mill Street Maintenance System. – Penelope Karagounis Councilman Shirey made a MOTION to approve a resolution accepting the streets within the Masons Bend (Phase 1A, 2A, and 3A) subdivision into the Town of Fort Mill Street Maintenance System. SECONDED by Councilwoman Heemsoth. Passed 6-0. New Business Item #6 A resolution designating the Main, N. White, S. White, Veterans Parking Lot as the site of a public event on Thursday, December 2, 2021, from 5:00pm until 8:30pm in which Page 4|8  alcoholic beverages may be sold, possessed, and consumed, and to authorize a special event permit for live music and sound amplifying equipment. – Jacona Hester Councilman Shirey made a MOTION to approve a resolution designating the Main, N. White, S. White, Veterans Parking Lot as the site of a public event on Thursday, December 2, 2021, from 5:00pm until 8:30pm in which alcoholic beverages may be sold, possessed, and consumed, and to authorize a special event permit for live music and sound amplifying equipment. SECONDED by Councilman Moody. Passed 5-1. Councilwoman Cook opposed. INFORMATION/DISCUSSION Information/Discussion Item #1 Capital Projects Update Davy Broom, Town Manager gave an update of the current Capital Projects. Amphitheater – Walter Y. Elisha Park • Metal roof has been installed on amphitheater • All landscaping has been installed • Work is 100% complete, final walkthroughs week of November 8th Banks Athletic Park This 25-acre park will be located near the intersection of Banks Road and Sparkling Brook Parkway, and will be built on property donated to the Town by Lennar. Facility Overview: • 4 Baseball/Softball Fields with Scoring Tower • Basketball Court • Playground • Picnic Shelter • 2 Restroom Facilities • Parking Projected Timeline: • Construction Underway • Construction Completion – Mid 2022 Projected Budget: • Overall Project - $11M • Land secured through donation at no cost Page 5|8 Tennis Facility – YMCA at the Complex Facility Overview: • 6 Lighted Tennis Courts • Restroom Facility • Instructor’s Office • Tennis Storage Projected Timeline: • Plan Reviews Estimated Nov. 2021 • Estimated Completion Q2 of 2022 Projected Budget: • $1.2 Million Wastewater Treatment Plant Upgrades: Membrane Cartridge Installation Overview of Benefits: • Increased treatment capacity to 4.5 Million Gallons / Day (MGD) • Expandable to 6 MGD • More efficient / reduced power consumption • Increased treatment efficiency to comply with more stringent regulatory permit limits • Increased safety / reduction of on- site chemicals • Remote monitoring for 24/7 control Project Status: • Contract Amount - $47,868,692 • Paid to Date - $43,902,117 • Retainage - $2,393,435 • Percent Complete – 91.7% • Contract Period – 1,034 Days • Days Used – 905 Days • Percent Time Expired – 83.5% • Ahead of Schedule • On Budget BNR Aeration Testing Overview of Benefits: • Increased treatment capacity to 4.5 Million Gallons / Day (MGD) • Expandable to 6 MGD • More efficient / reduced power consumption Page 6|8 • Increased treatment efficiency to comply with more stringent regulatory permit limits • Increased safety / reduction of on- site chemicals • Remote monitoring for 24/7 control Project Status: • Contract Amount - $47,868,692 • Paid to Date - $43,902,117 • Retainage - $2,393,435 • Percent Complete – 91.7% • Contract Period – 1,034 Days • Days Used – 905 Days • Percent Time Expired – 83.5% • Ahead of Schedule • On Budget BNR with Membranes and UV Structures Beyond Overview of Benefits: • Increased treatment capacity to 4.5 Million Gallons / Day (MGD) • Expandable to 6 MGD • More efficient / reduced power consumption • Increased treatment efficiency to comply with more stringent regulatory permit limits • Increased safety / reduction of on- site chemicals • Remote monitoring for 24/7 control Project Status: • Contract Amount - $47,868,692 • Paid to Date - $43,902,117 • Retainage - $2,393,435 • Percent Complete – 91.7% • Contract Period – 1,034 Days • Days Used – 905 Days • Percent Time Expired – 83.5% • Ahead of Schedule • On Budget Installation of the UV Disinfection System Overview of Benefits: • Increased treatment capacity to 4.5 Million Gallons / Day (MGD) • Expandable to 6 MGD Page 7|8  • More efficient / reduced power consumption • Increased treatment efficiency to comply with more stringent regulatory permit limits • Increased safety / reduction of on- site chemicals • Remote monitoring for 24/7 control Project Status: • Contract Amount - $47,868,692 • Paid to Date - $43,902,117 • Retainage - $2,393,435 • Percent Complete – 91.7% • Contract Period – 1,034 Days • Days Used – 905 Days • Percent Time Expired – 83.5% • Ahead of Schedule • On Budget ADJOURN Councilman Helms made a MOTION to adjourn. SECONDED by Councilwoman Cook. Passed 6-0. 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 Town Clerk Approved by Council: November 22, 2021 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 8|8  Meeting Information Meeting Type Council Meeting Meeting Date Monday, December 13, 2021 Request Summary Action (Old Bus.) Action (New Bus.) Info/Discussion Request Type Public Hearing Executive Session Other Case Summary Annexation Rezoning Text Amendment Case Type Subdivision Plat Appearance Review Other Title 74th Annual Fort Mill Christmas Parade Winners-Trophy Presentation by Mayor Hydra Hot Tubs & Pools-Most Creative Miller Street Dance Academy-Best Walking Group Cycle Hops-Best Christmas Theme The Houser Group-Most Holiday Spirit Griffin Tire & Alignment-Best Car Background Information Background Mayor Trophy Presentation to the 74th Annual Fort Mill Christmas Parade Winners Alternatives 1. 2. 3. Staff Recommendation Recommendation Name & Title Jacona Hester, Events Coordinator Department Public Relations & Events Legislative History First Reading Public Hearing Second Reading Effective Date  Attachments 1. Christmas Parade Winners Powerpoint w/pictures WINNERS  • JEFF FERRELL, FORT MILL BARBER SHOP JUDGES • PATTI MERCER, WRHI PALMETTO MORNINGS • ALICIA BARNES, FOX 46 CHARLOTTE  MOST CREATIVE HYDRA HOT TUBS & POOLS  BEST WALKING GROUP MILLER STREET DANCE ACADEMY BEST CHRISTMAS THEME CYCLE HOPS MOST HOLIDAY SPIRIT THE HOUSER GROUP  BEST CAR GRIFFIN TIRE & ALIGNMENT  Meeting Information Meeting Type Town Council Meeting Date December 13, 2021 Request Summary X Action (Old Bus.) Action (New Bus.) Info/Discussion Request Type Public Hearing Executive Session Other Case Summary Annexation Rezoning X Text Amendment Case Type Subdivision Plat Appearance Review Other Title AN ORDINANCE TO ADOPT A REVISED BUSINESS LICENSE ORDINANCE IN ACCORDANCE WITH THE BUSINESS LICENSE STANDARDIZATION ACT (2020 ACT NO. 176) Background Information Request Summary In September of 2020, the South Carolina General Assembly adopted the South Carolina Business License Standardization Act (the “Act), which requires all municipalities and counties that impose a business license tax to revise their ordinances in order to align to the Act’s standard requirements. The Municipal Association of South Carolina (MASC) subsequently developed a model ordinance for municipalities to use that meets the Act’s requirements. The model ordinance, which has been adapted for use by the Town and is attached to this staff report for first reading approval, primarily differs from the Town’s current business license program in one way. The Town’s current program requires businesses to pay their license fees by the end of February with penalties being imposed starting March 1st. The model ordinance will standardize due dates across the state and require fees being due by April 30th and penalties being imposed starting May 1st. While this shift in due date will likely result in some of the Town’s revenue being delayed as compared to prior years, staff does not anticipate any budgetary issues as a result of this change. The Town’s overall compliance with the Act will also require: 1) A shift towards a standardized business license application form;  2) Updates every odd year to the Town’s adopted class schedule (Appendix B of the ordinance); 3) Participation in the “online business license renewal payment portal” to be hosted and managed by the Revenue and Fiscal Affairs Office, which allows businesses to renew their business licenses statewide using one online portal system; and, 4) Adopting a fee schedule for the first year (2022) that prevents the Town from realizing a revenue windfall as a result of transitioning to a standardized class schedule (Appendix B of the ordinance). The Town’s fee schedule was calculated such that on average, existing businesses will pay license fees similar to last year. By adopting the ordinance as written and administratively following the guidelines of the Act, the Town would be in full compliance of all new state law requirements for the 2022 business license year and could continue the operation of our business license program. As mentioned previously, some revenue will likely be delayed due to the shift in due dates, but it is not anticipated to cause any budgetary issues for the Town. In future years, staffing may need to be adjusted to accommodate additional work necessitated by complying with the Act and the model ordinance. MASC attorneys closely vetted the model ordinance for its compliance with new state law requirements, therefore most of the language is required and cannot be modified without risking compliance issues. Should Town Council decide to not move forward with the revised business license ordinance, the Town’s business license program would effectively end on December 31, 2021. Alternatives 1. Approve second reading of the ordinance. 2. Deny second reading of the ordinance. (Staff Note: Adoption is required in order to continue business license program) Staff Contact Name & Title Chris Pettit, Assistant Town Manager Department Administration Date of Request November 8, 2021 Attachments • Draft Ordinance STATE OF SOUTH CAROLINA ) ) COUNTY OF YORK ) ORDINANCE NO. 2021-____ ) TOWN OF FORT MILL ) AN ORDINANCE TO ADOPT A REVISED BUSINESS LICENSE ORDINANCE IN ACCORDANCE WITH THE BUSINESS LICENSE STANDARDIZATION ACT (2020 ACT NO. 176) WHEREAS, in September 2020 the South Carolina General Assembly adopted the South Carolina Business License Tax Standardization Act (2020 Act No. 176), now codified at S.C. Code Sections 6-1-400 to 6-1-420 (the “Act”); WHEREAS, the Act requires all municipalities and counties that impose a business license tax to adopt a standard business license year of May 1 through April 30; WHEREAS, the Act requires all municipalities and counties that impose a business license tax to utilize the Act’s standardized business licensing requirements and class schedule; WHEREAS, the Act requires all municipalities and counties to update their business license class schedules every odd year based on the latest available IRS statistics; and WHEREAS, in order to comply with the requirements of the Act, the Town of Fort Mill (the “Municipality”) has prepared the attached 2022 Business License Ordinance, which is incorporated herein by reference; NOW, THEREFORE, be it ordained by the Mayor and Council of the Town of Fort Mill, South Carolina, that: 1. The attached 2022 Business License Ordinance is hereby adopted and shall become effective beginning with the business license period commencing on May 1, 2022. 2. All prior ordinances of the Municipality related to business licensing which are in effect at the time of this enactment are hereby repealed and replaced in their entirety with the 2022 Business License Ordinance; provided that any prior ordinances of the Municipality related to collections programs administered by the Municipal Association of South Carolina, including without limitation the Insurance Tax Collection Program (ITCP), the Brokers Tax Collection Program (BTCP), the Telecommunications Tax Collection Program (TTCP), and Setoff Debt Collection Program, shall remain in full force and effect in accordance with their terms except to the extent specifically amended by the 2022 Business License Ordinance. 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: TOWN OF FORT MILL Second Reading: ______________________________ Guynn H. Savage, Mayor LEGAL REVIEW ATTEST ______________________________ ______________________________ Barron B. Mack, Jr, Town Attorney Virginia C. Burgess, Town Clerk  2022 BUSINESS LICENSE ORDINANCE Section 1. License Required. Every person engaged or intending to engage in any business, calling, occupation, profession, or activity engaged in with the object of gain, benefit, or advantage, in whole or in part within the limits of the Town of Fort Mill, South Carolina, is required to pay an annual license tax for the privilege of doing business and obtain a business license as herein provided. Section 2. Definitions. The following words, terms, and phrases, when used in this ordinance, shall have the meaning ascribed herein. Defined terms are not capitalized when used in this ordinance unless the context otherwise requires. “Business” means any business, calling, occupation, profession, or activity engaged in with the object of gain, benefit, or advantage, either directly or indirectly. “Charitable Organization” means an organization that is determined by the Internal Revenue Service to be exempt from Federal income taxes under 26 U.S.C. Section 501(c)(3), (4), (6), (7), (8), (10) or (19). “Charitable Purpose” means a benevolent, philanthropic, patriotic, or eleemosynary purpose that does not result in personal gain to a sponsor, organizer, officer, director, trustee, or person with ultimate control of the organization. “Classification” means that division of businesses by NAICS codes subject to the same license rate as determined by a calculated index of ability to pay based on national averages, benefits, equalization of tax burden, relationships of services, or other basis deemed appropriate by the Council. “Council” means the Town Council of the Town of Fort Mill. “Domicile” means a principal place from which the trade or business of a licensee is conducted, directed, or managed. For purposes of this ordinance, a licensee may be deemed to have more than one domicile. “Gross Income” means the gross receipts or gross revenue of a business, received or accrued, for one calendar or fiscal year collected or to be collected from business done within the Municipality. If the licensee has a domicile within the Municipality, business done within the Municipality shall include all gross receipts or revenue received or accrued by such licensee. If the licensee does not have a domicile within the Municipality, business done within the Municipality shall include only gross receipts or revenue received or accrued within the Municipality. In all cases, if the licensee pays a business license tax to another county or municipality, then the licensee’s gross income for the purpose of computing the tax within the Municipality must be reduced by the amount of revenues or receipts taxed in the other county or municipality and fully reported to the Municipality. Gross income for business license tax purposes shall not include taxes collected for a governmental entity, escrow funds, or funds that are the property of a third party. The value of bartered goods or trade-in merchandise shall be included in gross income. The gross receipts or gross revenues for business license purposes may be verified by inspection of returns and reports filed with the Internal Revenue Service, the South Carolina Department of Revenue, the South Carolina Department of Insurance, or other 1 government agencies. In calculating gross income for certain businesses, the following rules shall apply: A. Gross income for agents shall be calculated on gross commissions received or retained, unless otherwise specified. If commissions are divided with other brokers or agents, then only the amount retained by the broker or agent is considered gross income. B. Except as specifically required by S.C. Code § 38-7-20, gross income for insurance companies shall be calculated on gross premiums written. C. Gross income for manufacturers of goods or materials with a location in the Municipality shall be calculated on the lesser of (i) gross revenues or receipts received or accrued from business done at the location, (ii) the amount of income allocated and apportioned to that location by the business for purposes of the business’s state income tax return, or (iii) the amount of expenses attributable to the location as a cost center of the business. Licensees reporting gross income under this provision shall have the burden to establish the amount and method of calculation by satisfactory records and proof. Manufacturers include those taxpayers reporting a manufacturing principal business activity code on their federal income tax returns. “License Official” means a person designated to administer this ordinance. Notwithstanding the designation of a primary license official, the Municipality may designate one or more alternate license officials to administer particular types of business licenses, including without limitation for business licenses issued to businesses subject to business license taxes under Article 20, Chapter 9, Title 58, and Chapters 7 and 45, Title 38, of the South Carolina Code. “Licensee” means the business, the person applying for the license on behalf of the business, an agent or legal representative of the business, a person who receives any part of the net profit of the business, or a person who owns or exercises control of the business. “Municipality” means the Town of Fort Mill, South Carolina. “NAICS” means the North American Industry Classification System for the United States published under the auspices of the Federal Office of Management and Budget. “Person” means any individual, firm, partnership, limited liability partnership, limited liability company, cooperative non-profit membership, corporation, joint venture, association, estate, trust, business trust, receiver, syndicate, holding company, or other group or combination acting as a unit, in the singular or plural, and the agent or employee having charge or control of a business in the absence of the principal. Section 3. Purpose and Duration. The business license required by this ordinance is for the purpose of providing such regulation as may be required for the business subject thereto and for the purpose of raising revenue for the general fund through a privilege tax. The 2021-2022 license will run for a sixteen month period having begun January 1, 2021 and ending on April 30, 2022. Thereafter, the license periods shall be established as follows. Except as set forth below for business licenses issued to contractors with respect to specific construction projects, each yearly license shall be issued for the twelve-month period of May 1 to April 30. A business license issued for a construction contract may, at the request of the licensee, be stated to expire at the 2 completion of the construction project; provided, any such business license may require that the licensee file, by each April 30 during the continuation of the construction project, a statement of compliance, including but not limited to a revised estimate of the value of the contract. If any revised estimate of the final value of such project exceeds the amount for which the business license was issued, the licensee shall be required to pay a license fee at the then-prevailing rate on the excess amount. The provisions of this ordinance and the rates herein shall remain in effect from year to year as amended by the Council. Section 4. Business License Tax, Refund. A. The required business license tax shall be paid for each business subject hereto according to the applicable rate classification on or before the due date of the 30th day of April in each year, except for those businesses in Rate Class 8 for which a different due date is specified. Late payments shall be subject to penalties as set forth in Section 12 hereof, except that admitted insurance companies may pay before June 1 without penalty. B. A separate license shall be required for each place of business and for each classification or business conducted at one place. If gross income cannot be separated for classifications at one location, the business license tax shall be computed on the combined gross income for the classification requiring the highest rate. The business license tax must be computed based on the licensee’s gross income for the calendar year preceding the due date, for the licensee’s twelve-month fiscal year preceding the due date, or on a twelve-month projected income based on the monthly average for a business in operation for less than one year. The business license tax for a new business must be computed on the estimated probable gross income for the balance of the license year. A business license related to construction contract projects may be issued on a per- project basis, at the option of the taxpayer. No refund shall be made for a business that is discontinued. C. A licensee that submits a payment greater than the amount owed may request a refund. To be considered, a refund request must be submitted in writing to the Municipality before the June 1 immediately following the April 30 on which the payment was due and must be supported by adequate documentation supporting the refund request. The Municipality shall approve or deny the refund request, and if approved shall issue the refund to the business, within thirty days after receipt of the request. Section 5. Registration Required. A. The owner, agent, or legal representative of every business subject to this ordinance, whether listed in the classification index or not, shall register the business and make application for a business license on or before the due date of each year; provided, a new business shall be required to have a business license prior to operation within the Municipality, and an annexed business shall be required to have a business license within thirty (30) days of the annexation. A license for a bar (NAICS 722410) must be issued in the name of the individual who has been issued the corresponding state alcohol, beer, or wine permit or license and will have actual control and management of the business. 3  B. Application shall be on the then-current standard business license application as established and provided by the Director of the South Carolina Revenue and Fiscal Affairs Office and shall be accompanied by all information about the applicant, the licensee, and the business deemed appropriate to carry out the purpose of this ordinance by the license official. Applicants may be required to submit copies of portions of state and federal income tax returns reflecting gross receipts and gross revenue figures. C. The applicant shall certify under oath that the information given in the application is true, that the gross income is accurately reported (or estimated for a new business) without any unauthorized deductions, and that all assessments, personal property taxes on business property, and other monies due and payable to the Municipality have been paid. D. The Municipality shall allow application, reporting, calculation, and payment of business license taxes through the business license tax portal hosted and managed by the South Carolina Revenue and Fiscal Affairs Office, subject to the availability and capability thereof. Any limitations in portal availability or capability do not relieve the applicant or Licensee from existing business license or business license tax obligations. Section 6. Deductions, Exemptions, and Charitable Organizations. A. No deductions from gross income shall be made except income earned outside of the Municipality on which a license tax is paid by the business to some other municipality or county and fully reported to the Municipality, taxes collected for a governmental entity, or income which cannot be included for computation of the tax pursuant to state or federal law. Properly apportioned income from business in interstate commerce shall be included in the calculation of gross income and is not exempted. The applicant shall have the burden to establish the right to exempt income by satisfactory records and proof. B. No person shall be exempt from the requirements of the ordinance by reason of the lack of an established place of business within the Municipality, unless exempted by state or federal law. The license official shall determine the appropriate classification for each business in accordance with the latest issue of NAICS. No person shall be exempt from this ordinance by reason of the payment of any other tax, unless exempted by state law, and no person shall be relieved of liability for payment of any other tax or fee by reason of application of this ordinance. C. Wholesalers are exempt from business license taxes unless they maintain warehouses or distribution establishments within the Municipality. A wholesale transaction involves a sale to an individual who will resell the goods and includes delivery of the goods to the reseller. It does not include a sale of goods to a user or consumer. D. A charitable organization shall be exempt from the business license tax on its gross income unless it is deemed a business subject to a business license tax on all or part of its gross income as provided in this section. A charitable organization, or any affiliate of a charitable organization, that reports income from for-profit activities or unrelated business income for federal income tax purposes to the Internal Revenue Service shall be deemed a business subject to a business license tax on the part of its gross income from such for-profit activities or unrelated business income. 4  E. A charitable organization shall be deemed a business subject to a business license tax on its total gross income if (1) any net proceeds of operation, after necessary expenses of operation, inure to the benefit of any individual or any entity that is not itself a charitable organization as defined in this ordinance, or (2) any net proceeds of operation, after necessary expenses of operation, are used for a purpose other than a charitable purpose as defined in this ordinance. Excess benefits or compensation in any form beyond fair market value to a sponsor, organizer, officer, director, trustee, or person with ultimate control of the organization shall not be deemed a necessary expense of operation. Section 7. False Application Unlawful. It shall be unlawful for any person subject to the provisions of this ordinance to make a false application for a business license or to give or file, or direct the giving or filing of, any false information with respect to the license or tax required by this ordinance. Section 8. Display and Transfer. A. All persons shall display the license issued to them on the original form provided by the license official in a conspicuous place in the business establishment at the address shown on the license. A transient or non-resident shall carry the license upon his person or in a vehicle used in the business readily available for inspection by any authorized agent of the Municipality. B. A change of address must be reported to the license official within ten (10) days after removal of the business to a new location and the license will be valid at the new address upon written notification by the license official and compliance with zoning and building codes. Failure to obtain the approval of the license official for a change of address shall invalidate the license and subject the licensee to prosecution for doing business without a license. A business license shall not be transferable, and a transfer of controlling interest shall be considered a termination of the old business and the establishment of a new business requiring a new business license, based on old business income. Section 9. Administration of Ordinance. The license official shall administer the provisions of this ordinance, collect business license taxes, issue licenses, make or initiate investigations and audits to ensure compliance, initiate denial or suspension and revocation procedures, report violations to the municipal attorney, assist in prosecution of violators, produce forms, undertake reasonable procedures relating to the administration of this ordinance, and perform such other duties as may be duly assigned. 5 Section 10. Inspection and Audits. A. For the purpose of enforcing the provisions of this ordinance, the license official or other authorized agent of the Municipality is empowered to enter upon the premises of any person subject to this ordinance to make inspections and to examine and audit books and records. It shall be unlawful for any such person to fail or refuse to make available the necessary books and records. In the event an audit or inspection reveals that the licensee has filed false information, the costs of the audit shall be added to the correct business license tax and late penalties in addition to other penalties provided herein. Each day of failure to pay the proper amount of business license tax shall constitute a separate offense. B. The license official shall have the authority to make inspections and conduct audits of businesses to ensure compliance with the ordinance. Financial information obtained by inspections and audits shall not be deemed public records, and the license official shall not release the amount of business license taxes paid or the reported gross income of any person by name without written permission of the licensee, except as authorized by this ordinance, state or federal law, or proper judicial order. Statistics compiled by classifications are public records. Section 11. Assessments, Payment under Protest, Appeal. A. Assessments, payments under protest, and appeals of assessment shall be allowed and conducted by the Municipality pursuant to the provisions of S.C. Code § 6-1-410, as amended. In preparing an assessment, the license official may examine such records of the business or any other available records as may be appropriate and conduct such investigations and statistical surveys as the license official may deem appropriate to assess a business license tax and penalties as provided herein. B. The license official shall establish a uniform local procedure consistent with S.C. Code § 6-1-410 for hearing an application for adjustment of assessment and issuing a notice of final assessment; provided that for particular types of business licenses, including without limitation for business licenses issued to businesses subject to business license taxes under Article 20, Chapter 9, Title 58, and Chapters 7 and 45, Title 38, of the South Carolina Code, the Municipality, by separate ordinance, may establish a different procedure and may delegate one or more rights, duties, and functions hereunder to the Municipal Association of South Carolina. Section 12. Delinquent License Taxes, Partial Payment. A. For non-payment of all or any part of the correct business license tax, the license official shall impose and collect a late penalty of five (5%) percent of the unpaid tax for each month or portion thereof after the due date until paid. Penalties shall not be waived. If any business license tax remains unpaid for sixty (60) days after its due date, the license official shall report it to the municipal attorney for appropriate legal action. B. Partial payment may be accepted by the license official to toll imposition of penalties on the portion paid; provided, however, no business license shall be issued or renewed until the full amount of the tax due, with penalties, has been paid. 6 Section 13. Notices. The license official may, but shall not be required to, mail written notices that business license taxes are due. If notices are not mailed, there shall be published a notice of the due date in a newspaper of general circulation within the Municipality three (3) times prior to the due date in each year. Failure to receive notice shall not constitute a defense to prosecution for failure to pay the tax due or grounds for waiver of penalties. Section 14. Denial of License. The license official may deny a license to an applicant when the license official determines: A. The application is incomplete or contains a misrepresentation, false or misleading statement, or evasion or suppression of a material fact; B. The activity for which a license is sought is unlawful or constitutes a public nuisance per se or per accidens; C. The applicant, licensee, prior licensee, or the person in control of the business has been convicted within the previous ten years of an offense under a law or ordinance regulating business, a crime involving dishonest conduct or moral turpitude related to a business or a subject of a business, or an unlawful sale of merchandise or prohibited goods; D. The applicant, licensee, prior licensee, or the person in control of the business has engaged in an unlawful activity or nuisance related to the business or to a similar business in the Municipality or in another jurisdiction; E. The applicant, licensee, prior licensee, or the person in control of the business is delinquent in the payment to the Municipality of any tax or fee; F. A licensee has actual knowledge or notice, or based on the circumstances reasonably should have knowledge or notice, that any person or employee of the licensee has committed a crime of moral turpitude on the business premises, or has permitted any person or employee of the licensee to engage in the unlawful sale of merchandise or prohibited goods on the business premises and has not taken remedial measures necessary to correct such activity; or G. The license for the business or for a similar business of the licensee in the Municipality or another jurisdiction has been denied, suspended, or revoked in the previous license year. A decision of the license official shall be subject to appeal as herein provided. Denial shall be written with reasons stated. Section 15. Suspension or Revocation of License. When the license official determines: A. A license has been mistakenly or improperly issued or issued contrary to law; B. A licensee has breached any condition upon which the license was issued or has failed to comply with the provisions of this ordinance; C. A licensee has obtained a license through a fraud, misrepresentation, a false or misleading statement, or evasion or suppression of a material fact in the license application; D. A licensee has been convicted within the previous ten years of an offense under a law or ordinance regulating business, a crime involving dishonest conduct or moral turpitude 7  related to a business or a subject of a business, or an unlawful sale of merchandise or prohibited goods; E. A licensee has engaged in an unlawful activity or nuisance related to the business; or F. A licensee is delinquent in the payment to the Municipality of any tax or fee, the license official may give written notice to the licensee or the person in control of the business within the Municipality by personal service or mail that the license is suspended pending a single hearing before Council or its designee for the purpose of determining whether the suspension should be upheld and the license should be revoked. The written notice of suspension and proposed revocation shall state the time and place at which the hearing is to be held, and shall contain a brief statement of the reasons for the suspension and proposed revocation and a copy of the applicable provisions of this ordinance. Section 16. Appeals to Council or its Designee. A. Except with respect to appeals of assessments under Section 11 hereof, which are governed by S.C. Code § 6-1-410, any person aggrieved by a determination, denial, or suspension and proposed revocation of a business license by the license official may appeal the decision to the Council or its designee by written request stating the reasons for appeal, filed with the license official within ten (10) days after service by mail or personal service of the notice of determination, denial, or suspension and proposed revocation. B. A hearing on an appeal from a license denial or other determination of the license official and a hearing on a suspension and proposed revocation shall be held by the Council or its designee within ten (10) business days after receipt of a request for appeal or service of a notice of suspension and proposed revocation. The hearing shall be held upon written notice at a regular or special meeting of the Council, or, if by designee of the Council, at a hearing to be scheduled by the designee. The hearing may be continued to another date by agreement of all parties. At the hearing, all parties shall have the right to be represented by counsel, to present testimony and evidence, and to cross-examine witnesses. The proceedings shall be recorded and transcribed at the expense of the party so requesting. The rules of evidence and procedure prescribed by Council or its designee shall govern the hearing. Following the hearing, the Council by majority vote of its members present, or the designee of Council if the hearing is held by the designee, shall render a written decision based on findings of fact and conclusions on application of the standards herein. The written decision shall be served, by personal service or by mail, upon all parties or their representatives and shall constitute the final decision of the Municipality. C. Timely appeal of a decision of Council or its designee does not effectuate a stay of that decision. The decision of the Council or its designee shall be binding and enforceable unless overturned by an applicable appellate court after a due and timely appeal. 8  D. For business licenses issued to businesses subject to business license taxes under Article 20, Chapter 9, Title 58, and Chapters 7 and 45, Title 38, of the South Carolina Code, the Municipality may establish a different procedure by ordinance. Section 17. Consent, franchise, or license required for use of streets. A. It shall be unlawful for any person to construct, install, maintain, or operate in, on, above, or under any street or public place under control of the Municipality any line, pipe, cable, pole, structure, or facility for utilities, communications, cablevision, or other purposes without a consent agreement or franchise agreement issued by the Council by ordinance that prescribes the term, fees, and conditions for use. B. The annual fee for use of streets or public places authorized by a consent agreement or franchise agreement shall be set by the ordinance approving the agreement and shall be consistent with limits set by state law. Existing franchise agreements shall continue in effect until expiration dates in the agreements. Franchise and consent fees shall not be in lieu of or be credited against business license taxes unless specifically provided by the franchise or consent agreement. Section 18. Confidentiality. Except in accordance with proper judicial order or as otherwise provided by law, no official or employee of the Municipality may divulge or make known in any manner the amount of income or any financial particulars set forth or disclosed in any report or return required under this ordinance. Nothing in this section shall be construed to prohibit the publication of statistics so classified as to prevent the identification of particular reports or returns. Any license data may be shared with other public officials or employees in the performance of their duties, whether or not those duties relate to enforcement of this ordinance. Section 19. Violations. Any person violating any provision of this ordinance shall be deemed guilty of an offense and shall be subject to a fine of up to $500.00 or imprisonment for not more than thirty (30) days or both, upon conviction. Each day of violation shall be considered a separate offense. Punishment for violation shall not relieve the offender of liability for delinquent taxes, penalties, and costs provided for in this ordinance. Section 20. Severability. A determination that any portion of this ordinance is invalid or unenforceable shall not affect the remaining portions. To the extent of any conflict between the provisions of this ordinance and the provisions of the South Carolina Business License Tax Standardization Act, as codified at S.C. Code §§ 6-1-400 et seq., the standardization act shall control. Section 21. Classification and Rates. A. The business license tax for each class of businesses subject to this ordinance shall be computed in accordance with the current business license rate schedule. The business license rate schedule for the remainder of the Town’s 2021-22 fiscal year is attached as Appendix A to this ordinance. For subsequent fiscal years, the business license rate schedule will be adopted as a part of the Town Council’s annual budget process. B. The current business license class schedule is attached hereto as Appendix B. Hereafter, no later than December 31 of each odd year, the Municipality shall adopt, by ordinance, 9  the latest standardized business license class schedule as recommended by the Municipal Association of South Carolina and adopted by the Director of the South Carolina Revenue and Fiscal Affairs Office. Upon adoption by the Municipality, the revised business license class schedule shall then be appended to this ordinance as a replacement Appendix B. C. The classifications included in each rate class are listed with NAICS codes, by sector, sub- sector, group, or industry. The business license class schedule (Appendix B) is a tool for classification and not a limitation on businesses subject to a business license tax. The classification in the most recent version of the business license class schedule adopted by the Council that most specifically identifies the subject business shall be applied to the business. The license official shall have the authority to make the determination of the classification most specifically applicable to a subject business. D. A copy of the class schedule and rate schedule shall be filed in the office of the municipal clerk. 10  APPENDIX A: FY 2021-22 BUSINESS LICENSE RATE SCHEDULE INCOME: $0 - $2,000 INCOME OVER $2,000 RATE CLASS BASE RATE RATE PER $1,000 OR FRACTION THEREOF 1 $25.00 $1.00 2 $30.00 $1.05 3 $35.00 $1.10 4 $40.00 $1.15 5 $45.00 $1.20 6 $50.00 $1.25 7 $55.00 $1.30 8.1 $35.00 $1.10 8.2 Set by state statute 8.3 MASC Telecommunications 8.4 MASC Insurance 8.51 $12.50 + $12.50 per machine 8.52 $12.50 + $180.00 per machine 8.6 $5.00 -OR- $12.50 per table 9.41 $5.00 $1.75 9.42 $5.00 $1.75 NON-RESIDENT RATES Unless otherwise specifically provided, all taxes and rates shall be doubled for nonresidents and itinerants having no fixed principal place of business within the Municipality. A-1  DECLINING RATES Declining Rates apply in all Classes for gross income in excess of $1,000,000, unless otherwise specifically provided for in this ordinance. Gross Income in $ Millions Percent of Class Rate for each additional $1,000 0-1 100% 1-2 90% 2–3 80% 3–4 70% 4–5 60% Over 5 50% CONTRACTOR DECALS Decals shall be required for each contractor vehicle conducting business in the Town of Fort Mill. The first decal will be included in the business license fee. Additional decals may be purchased for $2.00 each. DUPLICATE LICENSES Duplicate copies of business licenses may be obtained from Town Hall at a cost of $5.00. A-2 CLASS 8 & 9 RATES Each NAICS number designates a separate subclassification. The businesses in this section are treated as separate and individual subclasses due to provisions of state law, regulatory requirements, service burdens, tax equalization considerations, and other factors that are deemed sufficient to require individually determined rates. In accordance with state law, the Municipality also may provide for reasonable subclassifications for rates, described by an NAICS sector, subsector, or industry, that are based on particularized considerations as needed for economic stimulus or for the enhanced or disproportionate demands on municipal services or infrastructure. Non-resident rates do not apply except where indicated. 8.1 NAICS 230000 – Contractors, Construction, All Types [Non-resident rates apply]. Resident rates, for contractors having a permanent place of business within the Municipality: Minimum on first $2,000 ....................................................................................... $35 PLUS Each additional 1,000................................................................................................... $1.10 Non-resident rates apply to contractors that do not have a permanent place of business within the Municipality. A trailer at the construction site or structure in which the contractor temporarily resides is not a permanent place of business under this ordinance. No contractor shall be issued a business license until all state and municipal qualification examination and trade license requirements have been met. Each contractor shall post a sign in plain view on each job identifying the contractor with the job. Sub-contractors shall be licensed on the same basis as general or prime contractors for the same job. No deductions shall be made by a general or prime contractor for value of work performed by a sub-contractor. No contractor shall be issued a business license until all performance and indemnity bonds required by the Building Code have been filed and approved. Zoning permits must be obtained when required by the Zoning Ordinance. Each prime contractor shall file with the License Official a list of sub-contractors furnishing labor or materials for each project. For licenses issued on a per-job basis, the total tax for the full amount of the contract shall be paid prior to commencement of work and shall entitle the contractor to complete the job without regard to the normal license expiration date. An amended report shall be filed for each new job and the appropriate additional license fee per $1,000 of the contract amount shall be paid prior to commencement of new work. Only one base tax shall be paid in a license year. Licensees holding a per-job license shall file, by each April 30 during the continuation of the construction project, a statement of compliance, including but not limited to a revised estimate of the value A-3 of the contract. If any revised estimate of the final value of such project exceeds the amount for which the business license was issued, the licensee shall be required to pay a license fee at the then-prevailing rate on the excess amount. 8.2 NAICS 482 – Railroad Companies (See S.C. Code § 12-23-210). 8.3 NAICS 517311, 517312 – Telephone Companies. With respect to “retail telecommunications services” as defined in S. C. Code § 58-9-2200, the Municipality participates in a collections program administered by the Municipal Association of South Carolina. The Municipality has approved participation in the collections program by separate ordinance (the “Telecommunications Collections Ordinance”). The rates, terms, conditions, dates, penalties, appeals process, and other details of the business license applicable to retail telecommunications services are set forth in the Telecommunications Collections Ordinance. 8.4 NAICS 5241 and 5242 – Insurance Companies and Brokers: Independent agents, brokers, and their employees are subject to a business license tax based on their natural class. With respect to insurers subject to license fees and taxes under Chapter 7 of Title 38 and to brokers under Chapter 45 of Title 38, the Municipality participates in a collections program administered by the Municipal Association of South Carolina. The Municipality has approved participation in the collections program by separate ordinance (the “Insurers and Brokers Collections Ordinance”). The rates, terms, conditions, dates, penalties, appeals process, and other details of the business license applicable to insurers and brokers are set forth in the Insurers and Brokers Collections Ordinance. 8.51 NAICS 713120 – Amusement Machines, coin operated (except gambling). Music machines, juke boxes, kiddy rides, video games, pin tables with levers, and other amusement machines with or without free play feature licensed by SC Department of Revenue pursuant to S.C. Code §12-21-2720(A)(1) and (A)(2) [Type I and Type II]. For operation of all machines (not on gross income), pursuant to S.C. Code §12-21-2746: Per Machine ...................................................................................................... $12.50 PLUS Business license ......................................................................................................... $12.50 Distributors that sell or lease machines and are not licensed by the state as an operator pursuant to §12-21-2728 are not subject to Subclass 8.51. A-4 8.52 NAICS 713290 – Amusement Machines, coin operated, non-payout. Amusement machines of the non-payout type or in-line pin game licensed by SC Department of Revenue pursuant to S.C. Code §12-21-2720(A)(3) [Type III]. For operation of all machines (not on gross income), pursuant to S.C. Code §12-21-2720(B): Per Machine .................................................................................................... $180.00 PLUS Business license ......................................................................................................... $12.50 Distributors that sell or lease machines and are not licensed by the state as an operator pursuant to §12-21-2728 are not subject to Subclass 8.52. 8.6 NAICS 713990 – Billiard or Pool Rooms, all types. (A) Pursuant to SC Code § 12-21-2746, license tax of $5.00 per table measuring less than 3½ feet wide and 7 feet long, and $12.50 per table longer than that; PLUS, (B) with respect to gross income from the entire business in addition to the tax authorized by state law for each table: fees are per the rate for NAICS subsector 71 in Appendix A and the class schedule in Appendix B. 9.4 NAICS 454390 – Peddlers, Solicitors, Canvassers, Door-To-Door Sales. Direct retail sales of merchandise. [Non-resident rates apply] 9.41 Regular activities [more than two sale periods of more than three days each per year] Minimum on first $2,000 ........................................................................ $5.00 PLUS Per $1,000, or fraction, over $2,000 ................................................................ $1.75 9.42 Seasonal activities [not more than two sale periods of not more than three days each year, separate license required for each sale period] Minimum on first $2,000 ........................................................................ $5.00 PLUS Per $1,000, or fraction, over $2,000 ................................................................ $1.75 Applicants for a license to sell on private property must provide written authorization from the property owner to use the intended location. A-5  Appendix B: Business License Class Schedule by NAICS Code NAICS Sector/Subsector Industry Sector Class 11 Agriculture, forestry, hunting and fishing 2.00 21 Mining 4.00 23 Construction 8.10 31-33 Manufacturing 2.00 42 Wholesale trade 1.00 44-45 Retail trade 1.00 454390 Other Direct Selling Establishments (Peddlers) 9.41 & 9.42 48-49 Transportation and warehousing 2.00 482 Rail Transportation 8.20 51 Information 4.00 517311 Wired Telecommunications Carriers 8.30 517312 Wireless Telecommunications Carriers (except Satellite) 8.30 52 Finance and insurance 7.00 5241 Insurance Carriers 8.40 5242 Insurance Brokers for non-admitted Insurance Carriers 8.40 53 Real estate and rental and leasing 7.00 54 Professional, scientific, and technical services 5.00 55 Management of companies 7.00 56 Administrative and support and waste management and remediation services 4.00 61 Educational services 4.00 62 Health care and social assistance 4.00 71 Arts, entertainment, and recreation 3.00 713120 Amusement Parks and Arcades (per machine) 8.51 713290 Nonpayout Amusement Machines (per machine) 8.52 713990 All Other Amusement and Recreational Industries ( pool tables) 8.60 721 Accommodation 3.00 722 Food services and drinking places 1.00 81 Other services 5.00 Notes: Class Schedule is based on 2017 IRS data. This appendix will be updated every odd year based on the latest available IRS statistics. B-1  Town of Fort Mill Council Meeting Agenda Summary Meeting Information Meeting Type Town Council Meeting Date December 13, 2021 Request Summary Action (Old Bus.) X Action (New Bus.) Info/Discussion Request Type Public Hearing Executive Session Other Title A re A Resolution to adopt the Town of Fort Mill, 2021 COVID-19 Sick Leave Plan – Temporary Policy Background This policy establishes guidelines in a temporary plan for additional sick leave as related to COVID- 19 exposures and positive cases that are determined to have work relatedness. This policy will be made part of the Town of Fort Mill Personnel Policy Manual. Alternatives 1. Approve Resolution as presented 2. Approve Resolution with amendments 3. Deny Resolution Staff Recommendation Recommendation Staff recommends approval of Resolution Name & Title Davy Broom, Town Manager Department Administration Legislative History Resolution Reading 12-13-2021 Effective Date Upon adoption Attachments • 2021 COVID-19 Sick Leave Plan – Temporary Policy  EXHIBIT A SECTION 9: ATTENDANCE AND LEAVE COVID-19 Sick Leave Plan – Temporary Policy Sick leave will be given for COVID-19 positive cases that can be traced back to work relatedness and cases where the employee must quarantine due to a work-related exposure, (referred to as COVID-19 time) as follows: • Up to eighty (80) hours of COVID-19 time will be extended to full time and permanent part-time employees whose COVID-19 positive test has been traced back to being related to work and employees who have been instructed to quarantine due to a work-related exposure. • This policy will also reimburse the time accrued for sick and/or vacation that the employee may have lost while quarantining for a positive case or exposure that has been determined by the Town Manager or his designee, to be work related from January 1, 2021, through the start of this policy. Employees who did not have accrued time and lost work hours due to a work- related positive case or quarantine will be reimbursed for time lost up to the maximum of eighty (80) hours. • These eighty (80) hours of COVID-19 time will not be reimbursed or paid to any employee whose positive test or quarantine due to work relatedness was otherwise paid time due the previous COVID 19 Sick Leave Plan - Temporary Policy, enacted January 1, 2021, and expired March 31, 2021. • This eighty (80) hour COVID time is to be used for COVID-19 cases that are traced to be work- related positive cases or quarantine exposures only and is not transferrable to regular sick and/or vacation time accrual. This eight (80) hour COVID-19 time will remain in effect until further notice from the Town Manager. At the expiration of this plan, any unused COVID-19 sick leave time remaining will not be paid out to the employee. STATE OF SOUTH CAROLINA ) A RESOLUTION OF THE ) TOWN OF FORT MILL COUNTY OF YORK ) #_____________________ A RESOLUTION AMENDING THE TOWN OF FORT MILL PERSONNEL MANUAL SO AS TO UPDATE SECTION 9 ENTITLED ATTENDANCE AND LEAVE TO INCLUDE A TEMPORARY POLICY TO THE SECTION REGARDING ADDITIONAL SICK LEAVE AS RELATED TO COVID- 19. WHEREAS, the Fort Mill Town Council, adopted Ordinance 2013-11, dated April 8, 2013, repealing Section 2-92 of the Code of Laws of the Town of Fort Mill entitled “Personnel Policies and Procedures”; and WHEREAS, Ordinance 2013-11 provides for all future changes or updates to the Personnel Policy Manual be made by the Town Manager and brought to Council as information in the form of a Resolution; and WHEREAS, the Fort Mill Town Council, approved Resolution No. 2018-06 on January 22, 2018, which adopted the Town of Fort Mill Personnel Manual dated December 1, 2017; and, WHEREAS, the Town Manager and Fort Mill Town Council desires to amend the Town of Fort Mill Personnel Manual so as to update Section 9 entitled, Attendance and Leave to include the addition of the attached Exhibit A entitled 2021 COVID-19 Sick Leave Plan – Temporary Policy; and WHEREAS, upon the adoption of this Resolution, the amended Town of Fort Mill Personnel Manual will be kept on file in the Human Resources Office and the updated Section 9 Attendance and Leave policy will include a new policy to the section entitled 2021 COVID-19 Sick Leave Plan – Temporary Policy. NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and Council of the Town of Fort Mill do hereby adopt the amended Town of Fort Mill Personnel Manual, attached hereto as “Exhibit A”. 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 C. Burgess, Town Clerk EXHIBIT A  Meeting Information Meeting Type Town Council Meeting Date 12/13/21 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 Title Out of Town Water Service Request – 1495 East Hensley Road – The town has a water main along Hensley Road that the customer would tap into. The requestor has agreed to pay all costs associated for this service. Background Information Request Summary • Owner of reference property has requested water service from the Town of Fort Mill. • Fort Mill Utilities has the capability to serve the property with water without any system improvements. • Owner has signed documentation acknowledging out-of-town rates and Annexation Agreement.  Alternatives 1. Not serving property 2. Staff Recommendation Recommendation Provide water service. Name & Title R. Gregory Rushing, PE Department Utilities Date of Request 12/13/21 Attachments • Annexation Agreement • Rate Agreement  UTILITIES CONNECTION REQUEST FOR PROPERTIES OUTSIDE TOWN LIMITS Date of Request 11/15/21 Name of Property Owner Victor Svet, Diana Kravchenko Location Where Services are Requested: Parcel No. (Tax Map ID): 7370000039 Property Address 1495 East Hensley Road, Fort Mill, SC • Is property contiguous to Town Limits? r Yes þ No (If Yes, property must be annexed before service will be provided.) • Type of Service Requested (check all that apply): þ Water r Sanitary Sewer Water meter size requested (standard residential size is ¾”): ¾” Sewer service size requested (standard residential size is 4”): • Fees Due Prior to Connection to Fort Mill Utilities (to be calculated by staff): New Account Activation Fee 25.00 Water Capacity/Connection Fee 2420.00 Sewer Capacity/Connection Fee 0 Water Meter Cost 441.00 Water Construction Costs (meter box, service line, 1000.00 parts, bore, pavement repair, etc.) Total One-Time Fees1 $3,886.00 1 An account deposit may be required based on results of credit check. • Rates (see the attached sheets for current utility service rates): Note that rates for properties outside of Fort Mill Town Limits are double those for in-town properties. Example Only: Average billing based on 2 adults at 5,000 gallons per month: Service Inside Town Limits Outside Town Limits Water $36.34 $72.71 Sewer $51.08 $102.14 • Sewer service connections shall be made to the Town sanitary sewer main by a plumber licensed to do business in the Town of Fort Mill and contracted by the applicant. I have read the above requirements and estimated costs and wish to pursue connection to the Town of Fort Mill water/sewer system. Property Owner Date 11/15/21 11/15/21  CHAPTER 36. UTILITIES Water & Sewer Capacity/Connection Fees Connection Fees Tap Size ERU Factor Water Sewer Total ¾ inch 1.0 $2,420 $3,000 $5,420 1 inch 2.5 $6,050 $7,500 $13,550 1-½ inch 5.0 $12,100 $15,000 $27,100 2 inch 8.0 $19,360 $24,000 $43,360 3 inch 16.0 $38,720 $48,000 $86,720 4 inch 25.0 $60,500 $75,000 $135,500 6 inch 50.0 $121,000 $150,000 $271,000 8 inch 80.0 $193,600 $240,000 $433,600 10 inch 126.0 $304,920 $378,000 $682,920 Additional Water & Sewer Fees/Charges Service Fee Amount New Account Activation Fee $25.00 New Account Deposit Deposit is Based on Results of Credit Check Low Risk (Green): No Deposit Required Medium Risk (Yellow): $100.00 High Risk (Red): $200.00 Late Payment Fee 10% of Current Charges Due Non-Payment Administrative Fee $30.00 Returned Check Fee $30.00 Meter Set Fee Cost + 10% Meter Tap Fee Cost + 10% Cost to Purchase Meter Cost + 10% Meter Inspection/Testing Fee $40.00 per hour INSIDE (RESIDENT) WATER RATES Residential Meter – Inside Rate Base Rate Volumetric Rate (Cost per 1,000 gallons) Meter ERU 2,001- 6,001- 10,001- Base Rate 0-2,000 gal 20,001+ gal Size Factor 6,000 gal 10,000 gal 20,000 gal ¾ inch 1.0 $11.95 $4.59 $5.07 $7.59 $10.14 $12.67 1 inch 2.5 $29.88 $4.59 $5.07 $7.59 $10.14 $12.67 1-½ inch 5.0 $59.75 $4.59 $5.07 $7.59 $10.14 $12.67 2 inch 8.0 $95.60 $4.59 $5.07 $7.59 $10.14 $12.67 Commercial Meter – Inside Rate Base Rate Volumetric Rate (Cost per 1,000 gallons) Meter ERU Base Volumetric (No Tiers) Size Factor ¾ inch 1.0 $11.95 $5.07 1 inch 2.5 $29.88 $5.07 1-½ inch 5.0 $59.75 $5.07 2 inch 8.0 $95.60 $5.07 3 inch 16.0 $191.20 $5.07 4 inch 25.0 $298.75 $5.07 6 inch 50.0 $597.50 $5.07 8 inch 80.0 $956.00 $5.07 10 inch 126.0 $1505.70 $5.07 Irrigation Meter (Residential & Commercial) – Inside Rate Base Rate Volumetric Rate (Cost per 1,000 gallons) Meter ERU Base Rate 0-10,000 gal 10,001+ gal Size Factor ¾ inch 1.0 $11.95 $10.14 $12.67 1 inch 2.5 $29.88 $10.14 $12.67 1-½ inch 5.0 $59.75 $10.14 $12.67 2 inch 8.0 $95.60 $10.14 $12.67 3 inch 16.0 $191.20 $10.14 $12.67 4 inch 25.0 $298.75 $10.14 $12.67 6 inch 50.0 $597.50 $10.14 $12.67 8 inch 80.0 $956.00 $10.14 $12.67 10 inch 126.0 $1505.70 $10.14 $12.67 OUTSIDE (NON-RESIDENT) WATER RATES Residential Meter – Outside Rate Base Rate Volumetric Rate (Cost per 1,000 gallons) Meter ERU 2,001- 6,001- 10,001- Base Rate 0-2,000 gal 20,001+ gal Size Factor 6,000 gal 10,000 gal 20,000 gal ¾ inch 1.0 $23.90 $9.18 $10.15 $15.19 $20.27 $25.36 1 inch 2.5 $59.75 $9.18 $10.15 $15.19 $20.27 $25.36 1-½ inch 5.0 $119.50 $9.18 $10.15 $15.19 $20.27 $25.36 2 inch 8.0 $191.20 $9.18 $10.15 $15.19 $20.27 $25.36 Commercial Meter – Outside Rate Base Rate Volumetric Rate (Cost per 1,000 gallons) Meter ERU Base Volumetric (No Tiers) Size Factor ¾ inch 1.0 $23.90 $10.15 1 inch 2.5 $59.75 $10.15 1-½ inch 5.0 $119.50 $10.15 2 inch 8.0 $191.20 $10.15 3 inch 16.0 $382.40 $10.15 4 inch 25.0 $597.50 $10.15 6 inch 50.0 $1,195.00 $10.15 8 inch 80.0 $1,912.00 $10.15 10 inch 126.0 $3,011.40 $10.15 Irrigation Meter (Residential & Commercial) – Inside Rate Base Rate Volumetric Rate (Cost per 1,000 gallons) Meter ERU Base Rate 0-10,000 gal 10,001+ gal Size Factor ¾ inch 1.0 $23.90 $20.27 $25.36 1 inch 2.5 $59.75 $20.27 $25.36 1-½ inch 5.0 $119.50 $20.27 $25.36 2 inch 8.0 $191.20 $20.27 $25.36 3 inch 16.0 $382.40 $20.27 $25.36 4 inch 25.0 $597.50 $20.27 $25.36 6 inch 50.0 $1,195.00 $20.27 $25.36 8 inch 80.0 $1,912.00 $20.27 $25.36 10 inch 126.0 $3,011.40 $20.27 $25.36 Wholesale Customers Base Rate Volumetric Rate (Cost per 1,000 gallons) Customer Base Volumetric (No Tiers) Riverview --- $4.11 Tega Cay --- $2.51 York County --- $3.13 SEWER RATES Sewer Rates (Monthly) Inside Rate Outside Rate Meter Size ERU Factor Base Volumetric Base Volumetric ¾ inch 1.0 $18.73 $6.47 $37.44 $12.94 1 inch 2.5 $46.83 $6.47 $93.60 $12.94 1-½ inch 5.0 $93.65 $6.47 $187.20 $12.94 2 inch 8.0 $149.84 $6.47 $299.52 $12.94 3 inch 16.0 $299.68 $6.47 $599.04 $12.94 4 inch 25.0 $468.25 $6.47 $936.00 $12.94 6 inch 50.0 $936.50 $6.47 $1,872.00 $12.94 8 inch 80.0 $1,498.40 $6.47 $2,995.20 $12.94 10 inch 126.0 $2,359.98 $6.47 $4,717.44 $12.94 Kinglsey North Sewer Rate (Monthly) Meter Size ERU Factor Base Volumetric ¾ inch 1.0 $16.48 $10.78 1 inch 2.5 $41.20 $10.78 1-½ inch 5.0 $82.40 $10.78 2 inch 8.0 $131.84 $10.78 3 inch 16.0 $263.68 $10.78 4 inch 25.0 $412.00 $10.78 6 inch 50.0 $824.00 $10.78 8 inch 80.0 $1,318.40 $10.78 10 inch 126.0 $2,076.48 $10.78 Mason Bend Sewer Rate (Monthly) Meter Size ERU Factor Base Volumetric ¾ inch 1.0 $17.22 $9.42 1 inch 2.5 $43.05 $9.42 1-½ inch 5.0 $86.10 $9.42 2 inch 8.0 $137.76 $9.42 3 inch 16.0 $275.52 $9.42 4 inch 25.0 $430.50 $9.42 6 inch 50.0 $861.00 $9.42 8 inch 80.0 $1,377.60 $9.42 10 inch 126.0 $2,169.72 $9.42