Town Council

Fort Mill Town Council Regular Meeting May 9, 2022 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 April 22, 2022, Special Called Council Meeting Minutes of the April 25, 2022, 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 Fort Mill Hometown Recognition Ceremony Review – Davy Broom Presentation #2 SC Strawberry Festival Review – Davy Broom Page 1|2 OLD BUSINESS ITEMS There are no Old Business Items. NEW BUSINESS ITEMS New Business Item #1 First Reading: An ordinance annexing a portion of York County Tax Map Number 737- 00-00-074 and containing approximately ± 1.03 acres. – Penelope Karagounis New Business Item #2 Town of Fort Mill Town Christmas Tree purchase. – Phillip Aycock New Business Item #3 Approval of Long-Range Facilities Plan – Phillip Aycock Business Item #4 Amendment of agreement to fund Municipal Court Attorney for 2022-23 FY – Davy Broom INFORMATION/DISCUSSION There are no Information/Discussion Items. 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 Receipt of Legal Advice relating to Potential Claims and Ongoing Legal Matters 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 April 22, 2022 1:00 p.m. Council Chambers 112 Confederate Street Fort Mill, SC 29715 PRESENT: Mayor Savage, Councilman Helms, Councilman Wolfe, Councilwoman Cook, Councilman Garrison and Councilman Moody were present. Councilman Hudgins was absent. CALL TO ORDER 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 Receipt of legal advice relating to a potential claim. Councilman Wolfe made a MOTION to go into Executive Session. SECONDED by Councilman Moody. Passed 6-0. Councilman Garrison made a MOTION to come out of Executive Session. SECONDED by Councilman Wolfe. Passed 5-0. Councilwoman Cook left the meeting before this vote. ADJOURN Councilman Wolfe made a MOTION to adjourn. SECONDED by Councilman Garrison. Passed 4-0. Councilman Moody left before this vote. 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: Page 1|2 Virginia C. Burgess, CMC, CCC Approved by Council: 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 April 25, 2022 6:00 p.m. Council Chambers 112 Confederate Street Fort Mill, SC 29715 PRESENT: Mayor Savage, Councilman Helms, Councilman Moody, Councilman Wolfe, Councilwoman Cook, Councilman Garrison and Councilman Hudgins were present. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION Councilman Moody provided the invocation. MINUTES Minutes of the April 11, 2022, Town Council Meeting Councilman Helms made a MOTION to approve the minutes of the April 11, 2022, Town Council Meeting. SECONDED by Councilman Wolfe. Passed 7-0. 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. No one signed up for Public Comment. PRESENTATIONS There were no Presentations. Page 1|6 OLD BUSINESS ITEMS Old Business Item #1 Second Reading: An ordinance amending Ordinance No. 2021-22 so as to change the effective date for the rezoning of York County Tax Map Numbers 020-17-01-064 and 020- 17-01-065 from PND, Planned Neighborhood Development to MXU, Mixed-Use Development – Chris Pettit Mr. Pettit gave a re-cap on Old Business items # 1-3. These ordinances are to revise the sunset provision to extend it from 240 days to 480 days. Councilman Helms made a MOTION to approve an ordinance amending Ordinance No. 2021-22 so as to change the effective date for the rezoning of York County Tax Map Numbers 020-17-01-064 and 020-17-01-065 from PND, Planned Neighborhood Development to MXU, Mixed-Use Development. SECONDED by Councilwoman Cook. Passed 7-0. Old Business Item #2 Second Reading: An ordinance amending Ordinance No. 2021-24 so as to change the effective date of the ordinance authorizing the entry by the Town of Fort Mill into a Development Agreement with Crossroads Development Partners, LLC, a North Carolina limited liability company, J. Max Hinson, LLC; Max Hinson, Jr; J. Max Hinson, III; Marshall Odell Hinson; J. Max Hinson, Jr., as custodian for Adam Jason Hinson; Raynold Lee Saar and Christy Lee Saar; Lynnell Simmons Bailey, Judith Alesia Kimbrell, James Wayne Lancaster, Ronald Allen Vogel, John W. Maye, Sr., Brenda B. Tyson and Ronald H. Bailey; Christopher Robert Blanton, Vonnie James Blanton and Kenneth Dwayne Blanton and Thomas G. Haire for properties located at York County Tax Map Numbers 020-17-01-064, 020-17-01-065, 738-00-00-059, portion of 738-00-00-094, 738-00-00- 077, and 738-00-00-046; and authorizing execution and delivery of an amended agreement – Chris Pettit Councilman Helms made a MOTION to approve an ordinance amending Ordinance No. 2021-24 so as to change the effective date of the ordinance authorizing the entry by the Town of Fort Mill into a Development Agreement with Crossroads Development Partners, LLC, a North Carolina limited liability company, J. Max Hinson, LLC; Max Hinson, Jr; J. Max Hinson, III; Marshall Odell Hinson; J. Max Hinson, Jr., as custodian for Adam Jason Hinson; Raynold Lee Saar and Christy Lee Saar; Lynnell Simmons Bailey, Judith Alesia Kimbrell, James Wayne Lancaster, Ronald Allen Vogel, John W. Maye, Sr., Brenda B. Tyson and Ronald H. Bailey; Christopher Robert Blanton, Vonnie James Blanton and Kenneth Dwayne Blanton and Thomas G. Haire for properties located at York County Tax Map Numbers 020-17-01-064, 020-17-01-065, 738-00-00-059, portion of 738-00- 00-094, 738-00-00-077, and 738-00-00-046; and authorizing execution and delivery of an amended agreement. SECONDED by Councilman Wolfe. Passed 7-0. Page 2|6  Old Business Item #3 Second Reading: An ordinance amending Ordinance No. 2021-25 so as to change the effective date for the annexation of York County Tax Map Numbers 738-00-00-059, portion of 738-00-00-094, 738-00-00-077, and 738-00-00-046 containing approximately 36.71 +/- acres located on Fort Mill Parkway and off of Haire Road – Chris Pettit Councilman Helms made a MOTION to approve an ordinance amending Ordinance No. 2021-25 so as to change the effective date for the annexation of York County Tax Map Numbers 738-00-00-059, portion of 738-00-00-094, 738-00-00-077, and 738-00-00-046 containing approximately 36.71 +/- acres located on Fort Mill Parkway and off of Haire Road. SECONDED by Councilman Garrison. Passed 7- 0. NEW BUSINESS ITEMS New Business Item #1 A resolution electing the standard allowance for lost revenues under the American Rescue Plan. – Chantay Bouler Chantay Bouler, Finance Director, explained to Council that this resolution, drafted by the Municipal Association of South Carolina, would allow for the Town to claim up to ten million dollars under the American Rescue Plan to be claimed as a standard deduction. Councilman Wolfe made a MOTION to approve the resolution electing the standard allowance for lost revenues under the American Rescue Plan. SECONDED by Councilman Hudgins. Passed 7-0. INFORMATION/DISCUSSION Information/Discussion Item #1 An ordinance amending the zoning ordinance for the Town of Fort Mill; Article II, Requirements by District; Section 21, Tom Hall Street Corridor District; so as to amend the prohibition on car washes in the Overlay District. – Penelope Karagounis Ms. Karagounis stated that council directed staff to address car washes in the THCD Overlay District. Some conditions to consider is enhancing buffer requirements; orientation of building; separation requirements from residential lots or residential zoning districts; and limited hours of the operation of a car wash. The text amendment would amend the existing language in the ordinance to provide an exception that would allow for new car washes, provided that any such facilities observe the following conditions: 1. All washing facilities shall be within a completely enclosed building. Page 3|6  2. Vacuuming and hand towel drying may be located outside the building but shall not be in the front yard and shall be set back at least 50 feet and completely screened using natural buffers, fence, or a combination thereof from any property with a residential use. 3. Stacking spaces shall be located so as to ensure that traffic does not extend into the public right-of-way. A minimum of four (4) stacking spaces for each wash bay shall be provided. Stacking spaces shall be located so as not to interfere with vehicular circulation, fire lanes, parking spaces and egress from the property by vehicles not using any drive- through portion of the facility. Councilman Wolfe made a MOTION to not make any changes to the Tom Hall Overlay District at this time. SECONDED by Councilman Helms. Passed 4-3. Councilman Helms, Councilwoman Cook and Councilman Garrison opposed. Information/Discussion Item #2 Long Range Facilities Plan Phillip Aycock, Procurement Specialist, explained that this is an information/discussion item pertaining to the Long-Range Facilities Plan RFP that was recently received. Progressive AE & Leitner Construction consulting provided a proposal. Town Staff vetted the proposals presented by the companies and requested additional information from this company. Staff has held two meetings with the group to ask questions about their services and processes. Staff has requested that they bring information before Town Council to provide an explanation of their services and provide general information on costs. Mr. Jim Britton and Brian Dougherty gave a presentation on their proposal for the scope of work. Listed are to the proposed phases: Phase 1 – Frame Existing Conditions •Project kick off meeting with Town Staff& Council •Start Demography study/research •Obtain & review existing facility documents, plans, studies, etc. •Meet with Stakeholder groups for each facility •Survey& tour of each facility to document existing conditions Phase 2 - Aspire for future needs • Review and synthesis of completed Demographic report • Meet with facility stakeholder groups to discuss future needs and aspirations for each facility Page 4|6  • Assess current conditions with respect to future needs and aspirations Phase 3 – Create • Facilities future needs planning consisting of: ➢ Conceptual Space planning for each facility ➢ Cost analysis for life expectancy, repairs and replacement of facility systems ➢ High level budget for facility improvements/renovations and new facility construction aligned with the proposed conceptual space planning studies ➢ Presentation to Town Staff & Council ➢ Incorporate revisions in response to feedback received ➢ Produce final Report to serve as your Long Range Facility Needs Plan COMMITTEE REPORTS Committee Report #1 Ad Hoc Appointments Committee’s recommended appointment for Board of Zoning Appeals. Councilman Wolfe made a MOTION to reappoint Becky Campbell to serve a new three-year term for Seat 5, which will expire on April 12, 2025, on the Board of Zoning Appeals. SECONDED by Councilman Moody. Passed 6-0. Councilman Hudgins recused himself from voting. 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. ADJOURN Councilman Moody made a MOTION to adjourn. SECONDED by Councilman Garrison. Passed 7-0. Page 5|6  Being no more business to conduct, the meeting adjourned at 7:26 p.m. 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, CMC, CCC Town Clerk Approved by Council: 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 6|6  Meeting Information Meeting Type Town Council Meeting Date May 9, 2022 Request Summary Action (Old Bus.) X Action (New Bus.) Info/Discussion Request Type Public Hearing Executive Session Other Case Summary X Annexation Rezoning Text Amendment Case Type Subdivision Plat Appearance Review Other Property Information Applicant Faison Kuester, Jr., Manager of 160 East Phase II, LLC Property Owner 160 East Phase II, LLC Property Location Vacant portion of property located northeast of 1482 HWY 160 E. Tax Map Number Portion of 737-00-00-074 Acreage ± 1.03 acres Current Zoning NC, Neighborhood Commercial (York County) Proposed Zoning HC, Highway Commercial District Existing Use Vacant portion of property located northeast of single-family, detached structure Title An ordinance annexing a portion of York County Tax Map Number 737-00-00-074 and containing approximately ± 1.03 acres. Background Information Site Characteristics The subject parcel, York County Tax Map Number 737-00-00-074 consists of a single-family, detached structure on ± 2.05 acres with frontage on SC HWY 160 E. The applicant has requested to annex ± 1.03 acres of this property, which is currently vacant, wooded, and located to the rear of the single-family, detached structure. Neighboring Uses Direction Zoning Existing Use North R-10 w/MXU Unimproved standards South RSF-40 Unimproved  East RSF-40 Single-Family Residential West HC Commercial area consisting of personal service uses Zoning Summary This property is currently located within unincorporated York County and zoned NC, Neighborhood Commercial. The applicant has requested a zoning designation of HC for the ± 1.18-acre portion which is proposed for annexation. The HC district is intended for a variety of commercial and office uses. Pending successful annexation, the applicant proposes to combine this ± 1.18-acre portion with Tax Map Number 020-08-01-016 The applicant has indicated that the adjacent commercial center has its septic system on that portion of the property proposed to be annexed into the town. There are no plans for additional buildings or parking at this location. It will continue to be used as a commercial septic field. Comprehensive Plan The property is located within an area that has been designated as “Mixed- Use Neighborhood” on the Town of Fort Mill’s Future Land Use Map last updated in December 2020. This land use category is intended for a mixture of housing types and residential densities integrated with businesses providing goods and services. Though the parcel is designated as Mixed-Use Neighborhood, the property is adjacent to a Highway Commercial Zoning District. The property is less than 2 acres in size and the zoning ordinance specifies the zoning designation should be an extension of an existing district. The HC designation is consistent with the adjacent parcel that fronts on Tom Hall Street. Traffic Impact The applicant has indicated that the portion of property to be annexed is used solely as the location of the septic system for the adjacent commercial uses. No buildings or additional parking will be added to this area. Fire Impact The property is located approximately 1.7 miles (4 minutes) ordinary driving distance from the Town’s main fire station on Tom Hall Street. Utility Impact The subject property is currently used as the location for the septic system of the adjacent commercial use. There is no anticipated impact to town utilities. School Impact The proposed zoning request is HC, Highway Commercial District and there is no anticipated impact to the Fort Mill School District with the applicant’s request. Discussion The property is contiguous to the Town limits and is, therefore, eligible for annexation. As noted above, the applicant indicates that there will be no further development on this parcel. 4/19/2022 Planning The Planning Commission met on April 19, 2022 and made a Commission recommendation to approve the annexation request for annexing a portion Meeting of York County Tax Map Number 737-00-00-074 and containing approximately ± 1.03 acres by a vote of 6-0. Alternatives 1. Approve the first reading of the annexation ordinance with a zoning designation of HC, Highway Commercial. 2. Approve the first reading of the annexation ordinance with an alternate zoning designation 3. Deny the first reading of the annexation request. Agenda Action Item These parcels meet Town of Fort Mill criteria for an annexation request Agenda Action Item and zoning to HC, Highway Commercial Name & Title Penelope Karagounis, Planning Director Department Planning Department Date of Request March 24th, 2022 Legislative History Planning Commission 04/19/2022: Recommended Approval 6-0 First Reading 05/09/2022: Scheduled Public Hearing 05/23/2022: Scheduled Second Reading 05/23/2022: Scheduled Attachments • Annexation Application • Aerial Map • Zoning Map • Draft Ordinance w/Exhibit “A” & Exhibit “B” Aerial Map Zoning Map  STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2022-___ AN ORDINANCE ANNEXING THE PROPERTY CURRENTLY OR FORMELY KNOWN AS A PORTION OF YORK COUNTY TAX MAP NUMBER 737-00-00-074 CONTAINING APPROXIMATELY 1.03 +/- ACRES WHEREAS, a proper petition was submitted to the Fort Mill Town Council on December 23, 2020, by 160 East Phase II LLC (the “Property Owner”), requesting that a portion of York County Tax Map Number 737-00-00-074, such parcel being owned fully by the Property Owner, be annexed to and included within the corporate limits of the Town of Fort Mill under the provisions of S.C. Code Section 5-3-150(3); and WHEREAS, the Planning Commission of the Town of Fort Mill, in a duly called meeting on April 19 , 2022, reviewed the request and forwarded their recommendation to Town Council; and th WHEREAS, a public hearing was advertised and held on __________________ during a duly called regular meeting of the Town Council of the Town of Fort Mill; and WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South Carolina, as amended, provides that any area or property which is contiguous to a municipality may be annexed to the municipality by filing with the municipal governing body a petition signed by all persons owning real estate in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the municipality, the annexation is complete; and WHEREAS, using the definition of “contiguous” as outlined in S.C. Code Section 5-3-305, the Town Council has determined that the above referenced property is contiguous to property that was previously annexed into the corporate limits of the Town of Fort Mill; and WHEREAS, the Town Council has determined that annexation would be in the best interest of both the property owner and the Town of Fort Mill; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Fort Mill in Council assembled: SECTION I. Annexation. It is hereby declared by the Town Council of the Town of Fort Mill, in Council assembled, that the incorporated limits of the Town of Fort Mill shall be extended so as to include, annex and make a part of said Town, the described area of territory above referred to, being more or less 1.03 +/- acres, the same being fully described in Exhibit “A” attached hereto, and contiguous to land already within the Town of Fort Mill. Pursuant to S.C. Code Section 5-3-110, this annexation shall include the whole or any part of any street, roadway, or highway abutting the above referenced property, not exceeding the width thereof, provided such street, roadway or highway has been accepted for and is under permanent public maintenance by the Town of Fort Mill, York County, or the South Carolina Department of Transportation.  SECTION II. Zoning Classification of Annexed Property. The above-described property, upon annexation into the corporate limits of the Town of Fort Mill, shall be zoned, as follows: HC Highway Commercial District. SECTION III. Voting District. For the purpose of municipal elections, the above-described property, upon annexation into the incorporated limits of the Town of Fort Mill, shall be assigned to and made a part of Ward Three (3). SECTION IV. Notification. Notice of the annexation of the above-described area and the inclusion thereof within the incorporated limits of the Town of Fort Mill shall forthwith be filed with the Secretary of State of South Carolina (SCSOS), the South Carolina Department of Public Safety (SCDPS), and the South Carolina Department of Transportation (SCDOT), pursuant to S.C. Code § 5-3- 90(E). SECTION V. Severability. 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 VI. Effective Date. This ordinance shall be effective from and after the date of adoption. SIGNED AND SEALED this _____ day of ___________________, 2022, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2019. First Reading: TOWN OF FORT MILL Public Hearing: Second Reading: ______________________________ Guynn H. Savage, Mayor LEGAL REVIEW ATTEST ______________________________ ______________________________ Barron B. Mack, Jr, Town Attorney Virginia Burgess, Town Clerk  EXHIBIT A Property Description All those certain pieces, parcels or tracts of land lying, being and situate in Fort Mill Township, County of York, State of South Carolina, containing 1.03 acres, more or less, containing all the property shown in the map attached as Exhibit B, and being more particularly described as a portion of York County Tax Map Number 737-00-00-074. Pursuant to S.C. Code Section 5-3-110, this annexation shall include the whole or any part of any street, roadway, or highway abutting the above referenced property, not exceeding the width thereof, provided such street, roadway or highway has been accepted for and is under permanent public maintenance by the Town of Fort Mill, York County, or the South Carolina Department of Transportation.  EXHIBIT B Property Map Portion of York County Tax Map Number 737-00-00-074  Meeting Information Meeting Type Town Council Meeting Meeting Date May 9, 2022 Request Summary Action (Old Bus.) x Action (New Bus.) Info/Discussion Request Type Committee Public Hearing Executive Session Report Case Summary Annexation Rezoning Text Amendment Case Type Subdivision Plat Appearance Review x Other Title Town of Fort Mill Town Christmas Tree purchase Background Information For the 2021-2022 budget $67,000.00 was approved for the purchase of a new 42-foot Christmas Tree. Following our Procurement Policy, we gathered information and performed market research to construct an RFP. The RFP went out to bid on April 1, 2022 on our Town website and on the South Carolina Business Opportunity (SCBO) website with an official bid opening held on April 20, 2022. Two bids were received with Universal Concepts being the lowest bidder with the amount of $62,996.00. *This is an outdoor commercial grade green 42-foot metal Christmas Tree topped with an 8-foot star along with 1,520 decorative shatterproof Christmas ball ornaments. Staff Recommendation Recommendation Approval to move forward with purchase. Name & Title Phillip Aycock, Town of Fort Mill Procurement Manager Department Administration Legislative History First Reading Public Hearing Second Reading  Effective Date Attachments Iw  Meeting Information Meeting Type Town Council Meeting Meeting Date May 9, 2022 Request Summary Action (Old Bus.) x Action (New Bus.) Info/Discussion Request Type Committee Public Hearing Executive Session Report Case Summary Annexation Rezoning Text Amendment Case Type Subdivision Plat Appearance Review x Other Title Town of Fort Mill Long Range Facilities Plan Background Information An RFQ was created after interviews and market research was performed. The RFQ went live on December 27, 2021 followed by a bid opening on January 26, 2022. The RFQ was posted on our Town website and on the South Carolina Business Opportunity (SCBO) website. Three bids were received and turned over to our evaluation committee to be reviewed and scored. At the April 25th Town Council meeting we had a presentation by partners Leitner Construction and Progressive AE – the group having the highest overall evaluation criteria score. All companies have been vetted and references checked. The project price breakdown: Base fee (8 facilities) $108,200.00 Alternate 1 Fort Mill Athletic Facilities $14,000.00 Alternate 2 Fort Mill YMCA at the Complex $12,000.00 Alternate 3 Fort Mill Community Center $12,000.00 Proposed Project Total $146,200.00 ***Community Engagement Option (not in RFQ) $18,500.00 Staff Recommendation Recommendation To move forward with awarding the Town of Fort Mill Long Range Facilities Plan RFQ 500-083 to the companies Leitner Construction and Progressive AE. Leitner Construction and Progressive AE have given the option of community engagement, this option is an additional $18,500.00 if Town Council should decide to include it. Name & Title Phillip Aycock, Town of Fort Mill Procurement Manager Department Administration Legislative History First Reading Public Hearing Second Reading Effective Date Attachments Iw  Meeting Information Meeting Type Town Council Meeting Date May 9, 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 Title Agreement to fund Municipal Court Attorney for 2022-23 FY - Davy Background Information Request Summary State Law 61.12 Optional Courts and Indigent Representation In 2015 the South Carolina General Assembly passed Proviso 61.12 which reads “If a municipality has or elects to have an optional municipal court system, it must provide adequate funds for representation of indigents. No public defender shall be appointed in any such court unless the municipality and the office of the circuit public defender have reached an agreement for indigent representation and no funds allocated to the commission shall be used to provide compensation for appointed counsel in municipal courts. “ Fort Mill, Tega Cay, York, and Clover enter into an annual agreement with the York County 16th Circuit Public Defenders office to fund a municipal court attorney to represent indigent defendants. This agreement has worked well for the group. The municipalities have inquired into contracting these services for cost savings purpose. It has been determined based on costs and liability concerns, funding a York County Municipal Court Attorney to represent the group is our best option. You will see below the break down in costs per municipality. Fort Mill pays the least due to our low percentage of caseloads. Below is the information provided to the group from the 16th Circuit Public Defender, BJ Barrowclough: The cost breakdown is as follows: Salary: $55,431.00 Insurance: $12,924.00 FICA: $4,241.00 Retirement: $9,734.00 As you may recall the funding of this position under the contract involves each Municipality paying a “buy-in” fee of $8,500.00 for a total of $34,000.00. Each Municipality’s percentage of the balance ($48,330.00) is determined by the percentage of the caseload as calculated using a 3-year average. This percentage is then applied against the remaining balance of money needed to fund the position. So here is what that looks like: York: 3-year average caseload percentage = 39% 39% of $48,330.00 = $18,848.70 $18,848.70 + $8,500.00 (buy-in) = $27,348.70 Clover: 3-year average caseload percentage = 46% 46% of $48,330.00 = $22,231.80 $22,231.80 + $8,500.00 (buy-in) = $30,731.80 Fort Mill: 3-year average caseload percentage = 1% 1% of $48,330.00 = $483.30 $483.30 + $8,500.00 (buy-in) = $8,983.30 Tega Cay: 3-year average caseload percentage = 14% 14% of $48,330.00 = $6,766.20 $6,766.20 + $8,500.00 (buy-in) = $15,266.20 Finally, I also want to provide you with the raw numbers from which the percentages were derived. Please see below. FY21-22 FY20-21 FY19-20 York: 148 153 314 Total: 615 Clover 142 244 331 Total: 717 Fort Mill 5 1 5 Total: 11 Tega Cay 52 77 90 Total: 175  Alternatives 1. Approving agreement directs staff to include our cost share in the 2022-23 FY Budget. 2. Staff Recommendation Recommendation Name & Title Davy Broom, Town Manager Department Administration Date of Request May 4, 2022 Attachments