Town Council

Fort Mill Town Council Meeting Monday, March 13, 2023 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 February 27, 2023, Town Council Meeting Minutes of the January 19, 2023, Town Council Workshop 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 Recognition of Tim Kramer from the Planning Department – Penelope Karagounis Presentation #2 Family Fun Day on March 25, 2023 – Jacona Hester Page 1|3  Presentation #3 Procurement Department Update – Phillip Aycock OLD BUSINESS There are no Old Business items. NEW BUSINESS New Business Item #1 First Reading – An Ordinance authorizing and directing the Town of Fort Mill to enter into an intergovernmental agreement relating to South Carolina Local Revenue Services; to participate in one or more Local Revenue Service programs; to execute and deliver one or more Participant Program Supplements; and other matters relating thereto. – Chris Pettit New Business Item #2 Agreement to fund Municipal Court Attorney for 2023-24 FY – Davy Broom New Business Item #3 A resolution accepting a street within the Carolina Orchards subdivision (Carolina Orchards Boulevard) into the Town of Fort Mill street maintenance system (Ward 3 – Hudgins) - Penelope Karagounis New Business Item #4 A resolution accepting a street within the Carolina Orchards subdivision (Hammond Road – Portion) into the Town of Fort Mill street maintenance system (Ward 3 – Hudgins) - Penelope Karagounis INFORMATION/DISCUSSION There are no Information/Discussion items. COMMITTEE REPORTS Committee Report #1 Report from the Zoning Committee – Councilman Hudgins EXCUTIVE SESSION Executive Session Item #1 Receipt of legal advice relating to potential claims and ongoing legal matters ADJOURN Page 2|3 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 3|3  Fort Mill Town Council Regular Meeting Minutes February 27, 2023 6:00 p.m. Council Chambers 112 Confederate Street Fort Mill, SC 29715 PRESENT: Mayor Savage, Councilman Helms, Councilman Moody, Councilwoman Cook, Councilman Wolfe, Councilman Garrison and Councilman Hudgins were present. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION Councilman Helms provided the invocation. MINUTES Minutes of the February 13, 2023, Council Meeting Minutes of the January 5, 2023, Special Called Meeting Councilman Wolfe made a MOTION to approve the minutes of the February 12, 2023, Council meeting and the January 5, 2023, Special Called Meeting. SECONDED by Councilman Hudgins. 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 to speak for Public Comment. Page 1|4 PRESENTATIONS Presentation #1 Presentation of Downtown survey results. Steve Tolson presented the downtown survey results that he collected from the public regarding downtown events. COMMITTEE REPORTS Committee Report #1 Events Committee report Mayor Savage gave a report on the Events Committee meeting. She stated that process’ are needed to start limiting outside events that need Town support to hold. Too many events are taxing on already short-handed employees. She stated that contracts are needed that identify who is expected to what so that there is no confusion on responsibilities. OLD BUSINESS ITEMS There are no Old Business Items. NEW BUSINESS ITEMS New Business Item #1 Main Street Jam Resolution - A resolution designating Main Street (Tom Hall Street to Academy Street) as the site of a public festival on Saturday, March 17, 2023, from 5PM- 9PM, in which alcoholic beverages may be sold, possessed, and consumed, and to authorize a special event permit for live music and sound amplifying equipment. Jacona Hester explained that this is a resolution for the sell of alcoholic beverages and to authorize a special event permit for live music and sound amplifying equipment downtown on Saturday, March 17th. Councilwoman Cook made a MOTION to approve a resolution designating Main Street (Tom Hall Street to Academy Street) as the site of a public festival on Saturday, March 17, 2023, from 5PM-9PM, 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 Helms. Passed 7-0. New Business Item #2 South Carolina Opioid Settlement Allocation Agreement. Page 2|4  Davy Broom explained It has been reported that the state of South Carolina is being awarded $26 billion in the national opioid settlement stemming from opioid companies distributing opioid painkillers even as addiction and overdose deaths skyrocketed. This settlement requires these companies to provide funds for treatment and recovery services. The Town of Fort Mill is considered a Guaranteed Political Subdivision which means we are guaranteed to receive funds based on the ability to adhere to the list of approved opioid remediation uses. The town does not have the ability to administer these programs. However, Keystone Substance Services located within York County provides 7 of the 9 required services. York County Government and the City of Tega Cay have partnered with Keystone Substance Abuse Services to administer this program on their behalf. Staff is requesting that Fort Mill partner with them as well. The sign-on deadline for submitting for the upcoming funds is April 18, 2023. Councilman Moody made a MOTION to approve the South Carolina Opioid Settlement Allocation Agreement. SECONDED by Councilman Wolfe. Passed 7-0. 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 incident to contractual matter with York County. Executive Session #2 Receipt of legal advice relating to potential claims and ongoing legal matters. Executive Session Item #3 Discussion incident to personnel matters pertaining to Town Manager annual review. Councilman Helms made a MOTION to go into Executive Session. SECONDED by Councilman Garrison. Passed 7-0. Councilman Wolfe made a MOTION to come out of Executive Session. SECONDED by Councilman Helms. Passed 7-0. Mayor Savage stated that no votes or actions were taken during Executive Session. ADJOURN Page 3|4  Councilman Wolfe made a MOTION to adjourn. SECONDED by Councilman Garrison. Passed 7-0. Being no more business to conduct, the meeting adjourned at 9:19 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, CCC, CMC 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 4|4  Fort Mill Town Council Workshop Minutes January 19, 2023 6:00 p.m. Town Hall Conference Room 200 Tom Hall Street Fort Mill, SC 29715 CALL TO ORDER INFORMATION/DISCUSSION Information/Discussion Item #1 Update and Discussion on Long Range Facility Needs Plan Representatives from Progressive AE and Leitner Construction facilitated this workshop to discuss the results from the public information forum that they conducted on the long-range facility needs of the Town of Fort Mill. The staff department heads, and council were able to give opinions and express their priorities for this plan, as well. ADJOURN Mayor Savage made a MOTION to adjourn. SECONDED by Councilman Moody. 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 Page 1|1  Meeting Information Meeting Type Council Meeting Meeting Date Monday, March 13, 2023 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 1. Family Fun Day-Saturday, March 25, 2023 Background Information Background 1. Presenting the plans for Family Fun Day. Alternatives 1. 2. 3. Staff Recommendation Recommendation Name & Title Jacona Hester Department Events Coordinator Legislative History First Reading Public Hearing Second Reading Effective Date Attachments 1. Family Fun Day Presentation SATURDAY, MARCH 25, 2023 ▪ 11AM-2PM-WALTER ELISHA PARK, 345 N. WHITE STREET ▪ AMPHITHEATER STAGE ENTERTAINMNET ▪ FOOD TRUCKS ▪ AMUSEMENTS ▪ DJ BROWN SOUND-MUSIC & CONTESTS ▪ YARD GAMES ▪ FORT MILL 150 ACTIVITIES  ▪ AMAZING VERANICA AND HER TALENTED DOGS – Featured on “America’s Got Talent” ▪ Giggle Box Circus ▪ Cat in the Hat ▪ Chubby’s Fun Factory ENTERTAINMENT ▪ Soap Bubble Circus-roaming bubbles! ▪ DJ Brown Sound-Hula Hoop & Cake Walk Contests & Music ▪ TURBO - a 9ft roving robot More fun… Yard Games & Amusements  ▪ Chanchos Tacos ▪ King of Fire Food ▪ That Won Truck ▪ Charlie B's Seafood Trucks ▪ Salute Chew ▪ S & K Funnel Cakes ▪ A Sprinkle of Love ▪ Chappell's Snack Shack ▪ Krave Food Truck ▪ JamRock Jerk Spot ▪ Pelicans SnoballsAbbotts Frozen Custard SITE MAP  TOWN OF FORT MILL WWW.FORTMILLSC.GOV TOWN OF FORT MILL @TOWN_OF_FORT_MILL @TOWNOFFORTMILL  Meeting Information Meeting Type Town Council Meeting Date March 13, 2023 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 AN ORDINANCE AUTHORIZING AND DIRECTING THE TOWN OF FORT MILL TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT RELATING TO SOUTH CAROLINA LOCAL REVENUE SERVICES; TO PARTICIPATE IN ONE OR MORE LOCAL REVENUE SERVICE PROGRAMS; TO EXECUTE AND DELIVER ONE OR MORE PARTICIPANT PROGRAM SUPPLEMENTS; AND OTHER MATTERS RELATING THERETO. Background Information Request Summary In December of 2021, the Town adopted via Ordinance No. 2021-39 an update to the Business License Ordinance in order to comply with new state legislation. In a continued effort to adapt policies and programs to the new state law, the Municipal Association of South Carolina (MASC) has established the South Carolina Local Revenue Services program. This program will encompass the currently individualized Insurance Tax Program (ITP), Brokers Tax Program (BTP), and Telecommunications Tax Program (TTP) that are run by MASC. The purpose of these current programs is to collect business license monies from insurance companies, brokers, and telecommunication companies on behalf of the Town. By adopting the attached ordinance, MASC would continue to collect the monies and distribute them to the Town in a manner similar to how they’ve historically done so. The ordinance authorizes the Town Manager to formally enter into an intergovernmental agreement for the purpose of joining the Local Revenue Services program. The only changes that have been made to the program, compared to how MASC currently operates, relate mostly to aligning the formal language adopting the program with the new state legislation relating to business licensing.  Alternatives 1. Approve first reading of the ordinance 2. Do no approve first reading of the ordinance Staff Contact Name & Title Chris Pettit, Assistant Town Manager Department Administration Date of Request March 13, 2023 Attachments • Draft Ordinance  AN ORDINANCE AUTHORIZING AND DIRECTING THE TOWN OF FORT MILL TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT RELATING TO SOUTH CAROLINA LOCAL REVENUE SERVICES; TO PARTICIPATE IN ONE OR MORE LOCAL REVENUE SERVICE PROGRAMS; TO EXECUTE AND DELIVER ONE OR MORE PARTICIPANT PROGRAM SUPPLEMENTS; AND OTHER MATTERS RELATING THERETO. WHEREAS, the Town of Fort Mill (the “Municipality”) is authorized by S.C. Code Section 5-7-30 and Title 6, Chapter 1, Article 3 to impose a business license tax on gross income; WHEREAS, under State law, certain business license taxes are applicable in a manner or at a rate that applies throughout the State (“Statewide Business License Taxes”); WHEREAS, such Statewide Business License Taxes include without limitation the business license taxes applicable to insurers under Title 38, Chapter 7 of the S.C. Code; to brokers under Title 38, Chapter 45 of the S.C. Code; and to telecommunications companies under Title 58, Chapter 9, Article 20 of the S.C. Code; WHEREAS, the Municipal Association of South Carolina (the “Association”) has previously established local revenue service programs in which the Association administers Statewide Business License Taxes on behalf of and for the benefit of participating municipalities; WHEREAS, such local revenue service programs include a program known as the Insurance Tax Program (“ITP”) that administers business license taxes applicable to insurers under Title 38, Chapter 7 of the S.C. Code; a program known as the Brokers Tax Program (“BTP”) that administers business license taxes applicable to brokers under Title 38, Chapter 45 of the S.C. Code; and a program known as the Telecommunications Tax Program (“TTP”) that administers business license taxes applicable to telecommunications companies under Title 58, Chapter 9, Article 20 of the S.C. Code; WHEREAS, the Municipality currently participates in ITP, BTP, and TTP; WHEREAS, by Act No. 176 of 2020, known as the South Carolina Business License Tax Standardization Act and codified at S.C. Code Sections 6-1-400 to -420 (the “Standardization Act”), the South Carolina General Assembly imposed additional requirements and conditions on the administration of business license taxes; WHEREAS, following the enactment of the Standardization Act, the Municipality enacted Ordinance No. 2021-39 on December 13, 2021, in order to comply with the requirements of the Standardization Act (the “Current Business License Ordinance”); WHEREAS, in connection with the enactment of the Standardization Act and the adoption of locally compliant business license ordinances, the municipalities of the State have determined that it would be advisable and prudent to update the existing local revenue service programs; Page 1 WHEREAS, in particular, the municipalities of the State have determined to establish and join South Carolina Local Revenue Services (“LRS”) by intergovernmental agreement, which among other things will administer Statewide Business License Taxes on behalf of its participants, including but not limited to by continuing to offer the services provided by the ITP, BTP, and TTP; WHEREAS, Article VIII, Section 13(A) of the South Carolina Constitution provides that “(a)ny county, incorporated municipality, or other political subdivision may agree with the State or with any other political subdivision for the joint administration of any function and exercise of powers and the sharing of the costs thereof;” WHEREAS, the Town Council of the Municipality (the “Council”) now wishes to authorize and direct the Municipality to join LRS and to participate in one or more local revenue service programs; NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Fort Mill, as follows: SECTION 1. Direction to Apply to and Join LRS. The form of the Local Revenue Services Agreement (the “Agreement”) pursuant to which a municipality may request to participate in LRS and, if approved, become a participant is attached hereto as Exhibit A. The Town Manager (the “Executive Officer”) is hereby authorized and directed to apply to participate in LRS. If the Municipality’s application is approved by LRS, then the Executive Officer shall execute and deliver a counterpart to the Agreement in substantially the form attached hereto. The Council hereby approves the terms and conditions of and agrees to comply with the Agreement upon the execution and delivery thereof by the Executive Officer. SECTION 2. Participation in Local Revenue Service Programs. The Council determines that, if admitted to LRS, the Municipality will participate in the ITP, the BTP, and the TTP. The Executive Officer is hereby authorized and directed to execute and deliver any required Participant Program Supplements (as such term is defined in the Agreement) as may be necessary to participate in such local revenue service programs. SECTION 3. Business License Taxes Applicable to Insurance Companies. Notwithstanding anything in the Current Business License Ordinance to the contrary, the following provisions shall apply to insurance companies subject to Title 38, Chapter 7 of the S.C. Code. a) Except as set forth below, “gross premiums” for insurance companies means gross premiums written for policies for property or a risk located within the municipality. In addition, “gross premiums” shall include premiums written for policies that are sold, solicited, negotiated, taken, transmitted, received, delivered, applied for, produced or serviced by (1) the insurance company’s office located in the municipality, (2) the insurance company’s employee conducting business within the municipality, or (3) the office of the insurance company’s licensed or appointed producer (agent) conducting business within the municipality, regardless of where the property or risk is located, provided no tax has been paid to another municipality in which the property or risk is Page 2  located based on the same premium. b) As to fire insurance, “gross premiums” means gross premiums (1) collected in the municipality, and/or (2) realized from risks located within the limits of the municipality. c) As to bail bonds, “gross premiums” shall exclude any amounts retained by a licensed bail bondsman as defined in Title 38, Chapter 53 of the S.C. Code for authorized commissions, fees, and expenses. d) Gross premiums shall include all business conducted in the prior calendar year. Gross premiums shall include new and renewal business without deductions for any dividend, credit, return premiums, or deposit. e) Solicitation for insurance, receiving or transmitting an application or policy, examination of a risk, collection or transmitting of a premium, adjusting a claim, delivering a benefit, or doing any act in connection with a policy or claim shall constitute conducting business within the municipality, regardless of whether or not an office is maintained in the municipality. f) The business license tax for insurance companies under Title 38, Chapter 7 of the S.C. Code shall be established at the rates set forth below. Declining rates shall not apply. NAICS Code 524113 Life, Health, and Accident. 0.75% of Gross Premiums. 524126 Fire and Casualty. 2% of Gross Premiums. 524127 Title Insurance. 2% of Gross Premiums. g) License taxes for insurance companies shall be payable on or before May 31 in each year without penalty. The penalty for delinquent payments shall be 5% of the tax due per month, or portion thereof, after the due date until paid. SECTION 4. Business License Tax Applicable to Brokers. Title 38, Chapter 45 of the S.C. Code (the “Brokers Act”) establishes a blended premium tax rate applicable to brokers of 6 percent, comprising a 4 percent State premium tax and a 2 percent municipal premium tax, each to be collected by the South Carolina Department of Insurance. Pursuant to §§ 38-45-10 and 38-45-60 of the Brokers Act, the Municipal Association of South Carolina is designated the municipal agent for purposes of administration of the municipal broker’s premium tax. SECTION 5. Business License Taxes Applicable to Telecommunication Companies. a) Notwithstanding any other provisions of the Current Business License Ordinance, the business license tax for “retail telecommunications services,” as defined in S. C. Code Section 58-9-2200, shall be at the maximum rate authorized by S. C. Code Section 58-9- 2220, as it now provides or as provided by its amendment. Declining rates shall not apply. Page 3  b) The business license tax year for retail telecommunications services shall begin on January 1 of each year. The business license tax for retail telecommunications services shall be due on January 1 of each year and payable by January 31 of that year, without penalty. The delinquent penalty shall be five percent (5%) of the tax due for each month, or portion thereof, after the due date until paid. c) In conformity with S.C. Code Section 58-9-2220, the business license tax for “retail telecommunications services” shall apply to the gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality. The measurement of the amounts derived from the retail sale of mobile telecommunications services shall include only revenues from the fixed monthly recurring charge of customers whose service address is within the boundaries of the municipality. For a business in operation for less than one year, the amount of business license tax shall be computed on a twelve-month projected income. d) Nothing in this Ordinance shall be interpreted to interfere with continuing obligations of any franchise agreement or contractual agreement. All fees collected under such a franchise or contractual agreement shall be in lieu of fees or taxes which might otherwise be authorized by this Ordinance. SECTION 6. No Exemption for Interstate Commerce. Properly apportioned gross income from interstate commerce shall be included in the gross income for every business subject to a business license tax. SECTION 7. LRS to Appoint Business License Official and to Designate Appeals Board. Pursuant to the Agreement, LRS is hereby authorized to appoint one or more individuals (each, an “LRS Business License Official”) to act as the Municipality’s business license official for purposes of administering Statewide Business License Taxes. In addition, LRS is hereby authorized pursuant to the Agreement to designate an appeals board (the “Appeals Board”) for purposes of appeals arising with respect to such taxes. The LRS Business License Official so appointed and the Appeals Board so designated shall have all of the powers granted to the Municipality’s business license official and appeals board under the Current Business License Ordinance, except as may be modified by this ordinance. SECTION 8. Appeals Process. With respect to the calculation, assessment, and collection of Statewide Business License Taxes, in lieu of the appeals process described in the Current Business License Ordinance, the following appeals process required by S.C. Code Section 6-1-410 shall apply: a) If a taxpayer fails or refuses to pay a Statewide Business License Tax by the date on which it is due, the LRS Business License Official may serve notice of assessment of the Statewide Page 4  Business License Tax due on the taxpayer by mail or personal service. Within thirty days after the date of postmark or personal service, a taxpayer may request, in writing with reasons stated, an adjustment of the assessment. An informal conference between the LRS Business License Official and the taxpayer must be held within fifteen days of the receipt of the request, at which time the taxpayer may present any information or documents in support of the requested adjustment. Within five days after the conference, the LRS Business License Official shall issue a notice of final assessment and serve the taxpayer by mail or personal service with the notice and provide a form for any further appeal of the assessment by the taxpayer. b) Within thirty days after the date of postmark or personal service, the taxpayer may appeal the notice of final assessment by filing a completed appeal form with the LRS Business License Official, by mail or personal service, and by paying to LRS in protest at least eighty percent of the business license tax based on the final assessment. The appeal must be heard and determined by the Appeals Board. The Appeals Board shall provide the taxpayer with written notice of the hearing and with any rules of evidence or procedure prescribed by the Appeals Board. The hearing must be held within thirty days after receipt of the appeal form unless continued to another date by agreement of the parties. A hearing by the Appeals Board must be held at a regular or specially called meeting of the Appeals Board. At the appeals hearing, the taxpayer and LRS have the right to be represented by counsel, to present testimony and evidence, and to cross-examine witnesses. The hearing must be recorded and must be transcribed at the expense of the party so requesting. The Appeals Board shall decide the assessment by majority vote. The Appeals Board shall issue a written decision explaining the basis for the decision with findings of fact and conclusions and shall inform the taxpayer of the right to request a contested case hearing before the Administrative Law Court. The written decision must be filed with the LRS Business License Official and served on the taxpayer by mail or personal service. The decision is the final decision of LRS on the assessment. c) Within thirty days after the date of postmark or personal service of LRS’s written decision on the assessment, a taxpayer may appeal the decision to the Administrative Law Court in accordance with the rules of the Administrative Law Court. SECTION 9. Repealer, Effective Date. All ordinances in conflict with this ordinance are hereby repealed. This ordinance shall be effective on the date of final reading. Page 5 ENACTED IN REGULAR MEETING, this ___ day of ____________, 20___. Mayor ATTEST: Clerk First reading: Final reading: Page 6  Exhibit A: LOCAL REVENUE SERVICES AGREEMENT THIS AGREEMENT, made and entered into this ____ day of ____________ A.D., 20___, by and among the Municipal Association of South Carolina (the “Association”) and all the parties who are now or may hereafter become participants (“Participants”) in South Carolina Local Revenue Services, a division of the Association (“LRS”), WITNESSETH: WHEREAS, certain governmental functions may be more efficiently and effectively provided in cooperation with other governments, particularly when the sharing of such functions may deliver economies of scale, avoid redundancies in staffing, facilitate intergovernmental communication and coordination, benefit the citizens and taxpayers of the State by offering single points of contact, and allow retention of highly trained and specialized staff or private contractors in situations in which it would not be cost effective for a single government to retain such professionals; WHEREAS, Article VIII, sec. 13 of the South Carolina Constitution provides that any incorporated municipality “may agree with . . . any other political subdivision for the joint administration of any function and exercise of powers and the sharing of the costs thereof,” and that “[n]othing in this Constitution may be construed to prohibit the State or any of its counties, incorporated municipalities, or other political subdivisions from agreeing to share the lawful cost, responsibility, and administration of functions with any one or more governments, whether within or without this State;” WHEREAS, S.C. Code § 4-9-41(A) provides that any “incorporated municipality ... may provide for the joint administration of any function and exercise of powers as authorized by Section 13 of Article VIII of the South Carolina Constitution;” WHEREAS, certain municipalities in the State have determined that it would be effective and efficient to jointly perform certain functions, including without limitation the business license functions more fully described below; WHEREAS, LRS is a division of the Association and a committee of the board of directors of the Association and will establish or continue one or more Revenue Service Programs (as hereinafter defined); and WHEREAS, the Participants, through action of their respective governing bodies, have elected to comply with the conditions of this Agreement and to authorize LRS to perform the functions and exercise the powers herein described; NOW, THEREFORE, for and in consideration of the mutual covenants, promises, and obligations herein contained, which are given to and accepted by each signatory hereof to the other, the parties hereto agree as follows: Page 1 Section 1. Definitions. As used in this Agreement, the following terms shall have the meanings set forth below: (a) “Appeals Board” means the board created pursuant to Section 8 hereof for purposes of hearing and determining appeals under this Agreement. (b) “Association” means the Municipal Association of South Carolina. (c) “Gross Proceeds” means, with respect to any Revenue Service Program and for any period of calculation, the total amount of Impositions collected by LRS during such period. (d) “Imposition” means any tax, fee, rate, charge, fine, penalty, or interest charge that has been lawfully imposed by a Participant and for which a Revenue Service Program has been established. Such Impositions include, without limitation, Statewide Business License Taxes. (e) “LRS” means South Carolina Local Revenue Services, established by this Agreement. (f) “LRS Board of Directors” means the board of directors of LRS. (g) “LRS Business License Official” shall mean the person designated from time to time by the LRS Board of Directors to act as the business license official (as such term in used in S.C. Code §§ 6-1-400 to -420) with respect to one or more Revenue Service Programs. The LRS Board of Directors may, but need not, designate different persons as the LRS Business License Official for different Revenue Service Programs. (h) “Participant” means a local government that has become a participant in LRS by applying to LRS for admission and, if approved, accepting the terms of participation in LRS by ordinance and signing this Agreement in counterpart. (i) “Net Proceeds” means, with respect to any Revenue Service Program and for any period of calculation, the amount of Gross Proceeds that remain for distribution to Participants after the payment of operation and maintenance expenses (including, without limitation, LRS’s compensation) for such period. (j) “Revenue Service Programs” means any one or more programs established or continued by LRS to administer, assess, collect, and enforce Impositions. Such Revenue Service Programs may include, without limitation, programs for the administration, assessment, collection, and enforcement of Statewide Business License Taxes. (k) “S.C. Code” means the South Carolina Code of Laws of 1976, as amended. (l) “State” means the State of South Carolina. (m) “Statewide Business License Taxes” means business license taxes that, pursuant to the S.C. Code, are applicable in a manner or at a rate that applies throughout the State. Such business license taxes include without limitation the business license taxes applicable to insurers under Title 38, Chapter 7 of the S.C. Code; to brokers under Title 38, Chapter 45 of the S.C. Code; to telecommunications companies under Title 58, Chapter 9, Article 20 Page 2  of the S.C. Code; and such other business license taxes as may now or hereafter be made applicable throughout the State in a manner or at a rate that has been established by State law. Section 2. Authorization of LRS. The municipalities that are initial signatories hereto do hereby establish LRS and authorize it to perform the functions and exercise the powers described in this Agreement. The functions to be performed hereunder are more specifically described in Section 5 below and the powers to be exercised are more specifically described in Section 6 below. The Participants, regardless of their respective dates of admission to LRS, further agree as follows: (a) The functions and powers described in this Agreement would be more efficiently and effectively performed and exercised in cooperation with other governments through LRS; (b) The Participants shall comply with the conditions of this Agreement and, by joining LRS, shall jointly perform the functions and exercise the powers herein described by contract with LRS. Section 3. Participation. The right to participate in LRS shall be limited to local governments within the State. A qualifying entity may become a Participant by applying to LRS for admission and, if approved, accepting the terms of participation in LRS by ordinance and signing this Agreement in counterpart. LRS shall be sole judge of whether an applicant shall be admitted as a Participant. A Participant may be suspended or expelled by the LRS Board of Directors from LRS, provided that such suspension or expulsion shall not be effective until 30 days after written notice of suspension or expulsion has been mailed to it. Section 4. LRS Board of Directors. LRS shall be governed by a Board of Directors containing five Directors. The members of the Association’s Executive Committee (comprising the President, First Vice President, Second Vice President, Third Vice President, and Immediate Past President of the Association) shall serve ex officio as Directors of LRS, with terms of office coterminous with their terms as officers of the Association. The President of the Association, or in his or her absence the First Vice President of the Association, shall serve as chair at meetings of the LRS Board of Directors. With respect to LRS’s officers, the members of the LRS Board of Directors shall occupy the same offices as they do with respect to the Association. Section 5. Functions of LRS. LRS may, and at the direction of and subject to the control of the LRS Board of Directors shall, establish or continue one or more Revenue Service Programs including, without limitation, for the administration, assessment, collection, and enforcement of Statewide Business License Taxes and other Impositions related to Statewide Business License Taxes. LRS’s functions with respect to the Revenue Service Programs shall include, without limitation, training employees; developing resources to assist business license functions; making necessary investigations into entities or individuals subject to Impositions; developing databases for the application, calculation, allocation, and distribution of Impositions; establishing procedures for determining and calculating the amounts due as Impositions; communicating with entities or individuals subject to Impositions; collecting current and delinquent Impositions; initiating, Page 3 defending, managing, resolving, and settling disputes or litigation matters that affect more than one Participant; and acquiring, licensing, developing, improving, maintaining, and protecting software and other information technology infrastructure. Section 6. Powers of LRS. LRS shall have the following powers: (a) adopt bylaws for the regulation of its affairs and the conduct of its business and prescribe rules and policies and promulgate regulations in connection with the performance of its functions and duties; (b) adopt an official seal and alter it at its pleasure; (c) maintain an office at a place it determines; (d) sue and be sued in its own name and plead and be impleaded; (e) require documentation of amounts due from taxpayers, including without limitation by requiring reconciliation reports in which the taxpayer provides sufficient information to verify whether revenues of the taxpayer are appropriate for exclusion as non-municipal revenues and to determine the proper allocation of Impositions among Participants; (f) receive, administer, and comply with the conditions and requirements of a gift, grant, or donation of property or money; (g) acquire by purchase, lease, gift, or otherwise, or obtain options for the acquisition of, any property, real or personal, improved or unimproved, including an interest in land less than the fee thereof in conformity with state law; (h) sell, lease, exchange, transfer, mortgage, or otherwise dispose of, or grant options for any such purposes with respect to, any real or personal property or interest therein in conformity with state law; (i) make and execute contracts, agreements, or other undertakings with such agents, service contractors, persons, firms, corporations, and attorneys as it deems appropriate to performs its functions and exercise its powers; (j) acquire, license, develop, improve, maintain, and protect software and other information technology infrastructure; (k) employ professionals, support staff, attorneys, appraisers, financial advisors, and other consultants and employees as required in the judgment of LRS and fix and pay their compensation from funds available to LRS for that purpose; (l) transact any lawful business that will aid the purposes and functions of LRS; (m) make payments or donations, or do any other act, not inconsistent with law, that furthers the business and affairs of LRS; and (n) do all things necessary or convenient, not inconsistent with law, to further the activities and affairs of LRS Page 4 Section 7. Attorney-in-Fact Designation; Dispute Resolution and Conduct of Litigation. Each Participant hereby appoints LRS and its designees as its agent and attorney-in-fact to act on its behalf with respect to Impositions. As agent and attorney-in-fact, LRS shall be fully empowered to initiate, defend, manage, resolve, and settle any disputes or litigation (whether in its own name or in the name of the Participants) relating to Impositions owing or payable to one or more Participants; to pay all expenses, costs, and judgments that might be incurred against LRS when acting on behalf of its Participants for communication, investigation, negotiation, enforcement, defense, or settlement with respect to Impositions; and to take all other actions as may be necessary to administer, collect, investigate, enforce, and implement the Revenue Service Programs. Each Participant, pursuant to Rule 17 of the S. C. Rules of Civil Procedure and Rule 17 of the Federal Rules of Civil Procedure, specifically acknowledges the standing of LRS to prosecute a civil action for collection in its behalf and hereby ratifies any such action that LRS may commence. The LRS Board of Directors may, by majority vote, authorize a third party (including without limitation the Association) to act as attorney-in-fact to the same extent as set forth in this section on behalf of the Participants. LRS’s authority to initiate, defend, manage, resolve, and settle disputes and litigation shall be subject to the following terms and conditions: (a) If, with respect to any particular dispute, a proposed compromise or settlement would reduce the amount asserted by LRS to be payable to an individual Participant by more than ten percent (10%) of the total amount remitted by LRS to such Participant in the immediately preceding year for the relevant Revenue Service Program, then, notwithstanding subsections 7(b) and 7(c) below, LRS shall be required to secure the written consent of such Participant before compromising or settling such dispute with respect to such Participant. Otherwise, LRS shall be entitled to compromise or settle such dispute on behalf of each Participant without further authorization by such Participants beyond that contained herein. (b) Any proposed compromise or settlement that would result in a reduction of $100,000 or less from the amount originally claimed to be due and owing by LRS may be approved or denied by LRS without separate approval by the LRS Board of Directors. The LRS Board of Directors shall, by appropriate action from time to time, designate one or more staff members or contractual counterparties who are authorized to compromise or settle such disputes. (c) Any proposed compromise or settlement that would result in a reduction of more than $100,000 from the amount originally claimed to be due and owing by LRS must be approved or denied by the LRS Board of Directors. Page 5  (d) Any proposed compromise or settlement that would result in a waiver of penalties, interest, late charges, or other amounts owing due to late payment of an Imposition must be approved or denied by the LRS Board of Directors. Section 8. Appeals Process. The Participants acknowledge that, pursuant to local ordinances, regulations, and rules, each Participant has its own procedures by which matters relating to the calculation, assessment, and collection of business license taxes may be appealed. With respect to Impositions subject to this Agreement, however, each Participant has enacted a local ordinance by which appeals relating to such Impositions are excluded from the otherwise applicable local ordinance. Each Participant agrees that the appeals process described in this Section shall apply to all appeals relating to Impositions subject to this Agreement. Each Participant hereby consents to the adoption of the appeals process described in this Section; specifically declares its intention that such appeals process shall be deemed an exception to its otherwise applicable local ordinances, regulations, and rules; and agrees that it has or will approve such appeals process by appropriate local action. (a) There is hereby created a board for purposes of hearing appeals pursuant to this Section (the “Appeals Board”). The Appeals Board shall contain three members. The President of the Association, the Executive Director of the Association, and the President of the South Carolina Business Licensing Officials Association (“BLOA”) shall each serve ex officio as members of the Appeals Board, with terms of office coterminous with their terms as officers of the Association or BLOA, as appropriate. The President of the Association, or in his or her absence the Executive Director of the Association, shall serve as chair at meetings of the Appeals Board. (b) With respect to the calculation, assessment, and collection of Impositions, the following appeals process, as required by Section 6-1-410, shall apply. (1) If a taxpayer fails or refuses to pay an Imposition by the date on which such Imposition is due, the LRS Business License Official may serve notice of assessment of the Imposition due on the taxpayer by mail or personal service. Within thirty days after the date of postmark or personal service, a taxpayer may request, in writing with reasons stated, an adjustment of the assessment. An informal conference between the LRS Business License Official and the taxpayer must be held within fifteen days of the receipt of the request, at which time the taxpayer may present any information or documents in support of the requested adjustment. Within five days after the conference, the LRS Business License Official shall issue a notice of final assessment and serve the taxpayer by mail or personal service with the notice and provide a form for any further appeal of the assessment by the taxpayer. (2) Within thirty days after the date of postmark or personal service, the taxpayer may appeal the notice of final assessment by filing a completed appeal form with the LRS Business License Official, by mail or personal service, and by paying to LRS Page 6  in protest at least eighty percent of the business license tax based on the final assessment. The appeal must be heard and determined by the Appeals Board. The Appeals Board shall provide the taxpayer with written notice of the hearing and with any rules of evidence or procedure prescribed by the Appeals Board. The hearing must be held within thirty days after receipt of the appeal form unless continued to another date by agreement of the parties. A hearing by the Appeals Board must be held at a regular or specially called meeting of the Appeals Board. At the appeals hearing, the taxpayer and LRS have the right to be represented by counsel, to present testimony and evidence, and to cross-examine witnesses. The hearing must be recorded and must be transcribed at the expense of the party so requesting. The Appeals Board shall decide the assessment by majority vote. The Appeals Board shall issue a written decision explaining the basis for the decision with findings of fact and conclusions and shall inform the taxpayer of the right to request a contested case hearing before the Administrative Law Court. The written decision must be filed with the LRS Business License Official and served on the taxpayer by mail or personal service. The decision is the final decision of LRS on the assessment. (3) Within thirty days after the date of postmark or personal service of LRS’s written decision on the assessment, a taxpayer may appeal the decision to the Administrative Law Court in accordance with the rules of the Administrative Law Court. Section 9. LRS May Be Separately Organized. Hereafter, the LRS Board of Directors may determine, for corporate governance, recordkeeping, and operational purposes, that LRS should be established as a separate entity, either under the South Carolina Nonprofit Corporation Act, currently codified at Title 33, Chapter 31 of the S.C. Code, or otherwise. If the LRS Board of Directors so determines, it may take all such actions as may be necessary to organize LRS as a separate entity without further approval by the Participants, provided that such organization shall not otherwise vary or modify the terms of this Agreement except to the extent necessary to reflect the new organizational structure of LRS. Section 10. Participation in a Revenue Service Program. A Participant may elect to participate in a Revenue Service Program by signing and delivering a separate supplement to this Agreement with respect to such Revenue Service Program (each, a “Participant Program Supplement”). The Participant Program Supplements shall be substantially identical within each Revenue Service Program. The form of the Participant Program Supplement is attached hereto as Appendix A. Section 11. Collection of Impositions; Distributions; Payment for Services; Prohibition on Lobbying Activity. (a) LRS shall collect, subject to the Participant Program Supplements, all Impositions subject to this Agreement. Page 7 (b) The Participants will compensate LRS for its services. Initially, such compensation shall be in the amount of four percent of Gross Proceeds collected for the benefit of each Participant within each Revenue Service Program, subject to any volume discount approved from time to time by the LRS Board of Directors, together with any interest earned on funds held on deposit prior to disbursement. The Participants acknowledge that this amount represents operating expenses payable to LRS for services rendered. For accounting and recordkeeping purposes, LRS will apply this rate to each Participant separately within each Revenue Service Program. Hereafter, and notwithstanding Section 13 below, the LRS Board of Directors by majority vote may amend the compensation method by giving notice to all participating Participants at least ninety days prior to the effective date of such amendment. Such amendment shall become effective after the ninety-day notice period with respect to each Participant without further action by such Participant, provided that such Participant may withdraw from participation at any time within ninety days after notice of the amendment is provided. (c) LRS will regularly, and not less than once in each calendar quarter, distribute the Net Proceeds to Participants. (d) No funds or personnel of LRS may be used or employed to influence any election; support or oppose any partisan organization; support or oppose the enactment, repeal, or modification of any federal or state legislation; or seek to influence any federal or state local government officials in the discharge of their official functions. Section 12. Fiscal Year. LRS shall operate on a fiscal year from 12:01 a.m. January 1 of each year to 12:00 midnight December 31 of the succeeding year (the “LRS Year”). Application for participation, when approved in writing by LRS shall constitute a continuing contract for each succeeding LRS Year unless cancelled by LRS. Section 13. Amendment. This Agreement may be amended by an agreement executed by those Participants constituting a majority of the Participants in LRS during the current LRS Year. In lieu of this amendment procedure, the Participants hereby appoint a 4/5 majority (i.e., at least four Directors) of the LRS Board of Directors agents to make any amendments to this Agreement that would not fundamentally alter the contemplated arrangement. Written notice of any amendment proposed for adoption by the LRS Board of Directors shall be mailed to each Participant not less than 30 days in advance. Written notice of amendments finally adopted by the LRS Board of Directors shall be mailed to each Participant not more than 30 days after adoption. Section 14. Terms Applicable on Admission. Any entity that formally applies to participate in LRS and is accepted by LRS shall thereupon become a party to this Agreement and be bound by all of the terms and conditions hereof. A Participant may withdraw from participation by delivery of written notice of withdrawal at least 90 days prior to the end of an LRS Year, to be effective as of the end of such LRS Year. Page 8 Section 15. Term; Dissolution. LRS has been established with the bona fide intention that it shall be continued in operation indefinitely and that the contributions to LRS shall continue for an indefinite period. However, the LRS Board of Directors reserves the right at any time to terminate LRS by a written instrument to that effect executed by at least four-fifths (4/5) of the members of the LRS Board of Directors. Such written termination notice shall be delivered to each Participant no less than 120 days prior to the effective date of termination. In the event of such termination, Participant contributions shall cease as of the date of termination and the assets then remaining in the fund shall continue to be used and applied, to the extent available, for the (a) payment of claims arising prior to such termination and (b) payment of reasonable and necessary expenses incurred in such termination. Any monies or other assets thereafter remaining in LRS shall be distributed pro rata to the Participants in LRS as of the day of termination. In no event shall any such assets be returned or distributed to any individual. Upon such termination, the LRS Board of Directors shall continue to serve for such period of time and to the extent necessary to effectuate termination of LRS. [signatures appear on following page] Page 9 IN WITNESS WHEREOF, the Participants listed below acknowledge their participation in LRS and acceptance of obligations thereunder, by the due execution hereof, following appropriate governmental body approval, by its mayor or other duly authorized official. Further, LRS has caused these presents to be signed by its President and attested by its Vice President. MUNICIPAL ASSOCIATION OF SOUTH CAROLINA B. Todd Glover, Executive Director LOCAL REVENUE SERVICES, A DIVISION OF THE MUNICIPAL ASSOCIATION OF SOUTH CAROLINA Mayor Rick Osbon, President of LRS ATTEST: Mayor Barbara Blain-Bellamy, Vice President of LRS Page 10 PARTICIPANT SIGNATURE PAGE TOWN OF FORT MILL, SOUTH CAROLINA Name: Title: ATTEST: Name: Title: Town Clerk of the Town of Fort Mill Page 11  APPENDIX A: FORM OF PARTICIPANT PROGRAM SUPPLEMENT WHEREAS, the Town of Fort Mill (the “Municipality”) has applied for and been approved to participate in South Carolina Local Revenue Services (“LRS”); WHEREAS, the Municipality has executed a counterpart of the Local Revenue Services Agreement (the “Agreement”) by and among itself and all other participants in LRS; WHEREAS, capitalized terms used and not otherwise defined herein have the meaning given to such terms in the Agreement; WHEREAS, pursuant to the Agreement, LRS has established Revenue Service Programs for Statewide Business Licenses and other Impositions; and WHEREAS, the Municipality now desires to agree to participate in one or more Revenue Service Programs; NOW, THEREFORE, the Municipality hereby agrees with LRS as follows: Section 1. Participation in Revenue Service Programs. The Municipality hereby elects and agrees to participate in the following Revenue Service Programs: ITP / BTP / TTP. Section 2. Term. This Participant Program Supplement is effective until December 31, 2023, and shall continue from year-to-year thereafter until terminated by either party upon notice delivered in writing given at least 90 days prior to the next upcoming December 31. Section 3. Payment for Services. The Municipality agrees that it will compensate LRS for its services as set forth in the Agreement. Initially, such compensation shall be in the amount of four percent of Gross Proceeds collected for the benefit of the Municipality within each Revenue Service Program, subject to any volume discount approved from time to time by the LRS Board of Directors, together with any interest earned on funds held on deposit prior to disbursement. The Municipality acknowledges that this amount represents operating expenses payable to LRS for services rendered. For accounting and recordkeeping purposes, LRS will apply this rate to the Municipality separately within each Revenue Service Program. Section 4. Expenses; Fund Accounting. (a) The rate for services established herein shall be inclusive of all administrative expenses of LRS, except legal expenses incurred in connection with the services rendered. Legal expenses incurred by LRS are not included in the base rate and shall be prorated to all Participants in direct relationship to the disbursements of the Revenue Service Program to which the legal expenses relate. (b) LRS will deposit all funds received in an appropriate account for which accurate records will be maintained. Business license taxes collected for the Municipality, less the service charge herein agreed to, will be disbursed to the Municipality on or before March 1 of each calendar year and thereafter as remaining collections permit. Section 5. Special Provisions for BTP. (a) Pursuant to Title 38, Chapter 45 of the South Carolina Code of Laws (the “Brokers Insurance Statute”), the Municipality designates the Municipal Page 12 Association of South Carolina as the municipal agent to act on behalf of the municipality for the purposes of the Brokers Insurance Statute. (b) The Brokers Insurance Statute governs the receipt from the South Carolina Department of Insurance (“DOI”) and distribution to the Municipality of all municipal premium taxes from brokers for non-admitted surplus lines insurance. Upon receipt of the taxes from the DOI, LRS will deposit all funds received in an appropriate account for which accurate records will be maintained. Taxes will be disbursed to the Municipality, less the service charge herein agreed to, as collections permit. Page 13  Meeting Information Meeting Type Town Council Meeting Date March 13, 2023 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 2023-24 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: York: 3 year average caseload percentage = 43% 43% of $60,427.00 = $25,983.61 $25,983.61 + $8,500.00 (buy-in) = $34,483.61 Clover: 3 year average caseload percentage = 42% 42% of $60,427.00 = $25,379.34 $25,379.34 + $8,500.00 (buy-in) = $33,879.34 Fort Mill: 3 year average caseload percentage = 2% 2% of $60,427.00 = $1,208.54 $1,208.54 + $8,500.00 (buy-in) = $9,708.54 Tega Cay: 3 year average caseload percentage = 13% 13% of $60,427.00 = $7,855.51 $7,855.51 + $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. 7/1/22-1/31/23 FY21-22 FY20-21 York: 189 247 153 Total: 589 Clover 109 222 244 Total: 575 Fort Mill 6 13 1 Total: 20 Tega Cay 17 88 77 Total: 182  Alternatives 1. 2. Staff Recommendation Recommendation Name & Title Davy Broom Town Manager Department Administration Date of Request March 13, 2023 Attachments  Meeting Information Meeting Type Town Council Meeting Date March 13, 2023 Request Summary Action (Old Bus.) X Action (New Bus.) Info/Discussion Request Type Public Hearing Executive Session Other Case Summary Annexation Rezoning Text Amendment Case Type Subdivision Plat Appearance Review X Other Property Information Applicant Carolina Orchards Community Association, Ben Taylor Property Owner Carolina Orchards Community Association Location Carolina Orchards (Carolina Orchards Blvd.) Street Name(s) Carolina Orchards Blvd. Length +/- 8,113 feet Right-of-Way Various Current Zoning MXU Title A resolution accepting a street within the Carolina Orchards subdivision (Carolina Orchards Blvd.) into the Town of Fort Mill Street Maintenance System Background Information Discussion The Town’s Street Acceptance Policy, which was adopted by council on April 11, 2016 and last amended on May 14, 2018, includes the eligibility requirements, application procedures, and the review inspection and approval process for all streets offered to the Town for public ownership and maintenance. An application was submitted by Carolina Orchards Community Association for the acceptance of Carolina Orchards Boulevard within the Carolina Orchards subdivision. 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 Carolina Orchards subdivision, Carolina Orchards Blvd. are 100% built out, which meets/exceeds the requirements of the street acceptance policy. Maintenance agreements for landscaped medians and other non-standard right-of-way sections have been completed and recorded. The Public Works and Utilities Departments have reviewed the roads submitted for acceptance and found them to be in compliance with the Town’s specifications and requirements. Should Town Council vote to approve this resolution accepting the street, the developer would enter into a one-year warranty period during which time they are responsible for any maintenance to the street. Upon the closing of the warranty period, the Town would take over the maintenance responsibility for the street. Alternatives 1. Approve the resolution accepting the street listed into the Town of Fort Mill Street Maintenance System. 2. Do not approve the resolution accepting the street listed into the Town of Fort Mill Street Maintenance System. Staff Contact Name & Title Penelope G. Karagounis, Planning Director Department Planning Department Date of Request December 3, 2020 Legislative History Adoption Scheduled: March 13, 2023 Effective Date Pending (Effective Upon Adoption) Attachments • Location Map • Resolution • Non-Maintenance Agreement Location Map: Carolina Orchards STATE OF SOUTH CAROLINA ) ) RESOLUTION NO. 2023 -____ TOWN OF FORT MILL ) A RESOLUTION ACCEPTING A STREET WITHIN THE CAROLINA ORCHARDS SUBDIVISION (CAROLINA ORCHARDS BOULEVARD) INTO THE TOWN OF FORT MILL STREET MAINTENANCE SYSTEM WHEREAS, Section 32-115(b) of the Code of Ordinances for the Town of Fort Mill requires that all streets which are offered for acceptance into the Fort Mill Street Maintenance System shall be subject to the Town’s Street Acceptance Policy; and WHEREAS, Town Council adopted a resolution to establish a Street Acceptance Policy for the Town of Fort Mill on April 11, 2016; and WHEREAS, Town Council amended the Street Acceptance Policy so as to exempt streets which were recorded prior to April 11, 2016 from the one-time street inspection fee, and authorizing alternative testing methods when testing and inspection reports are not available, and exempt a surety bond or letter of credit at their meeting on September 25, 2017; and WHEREAS, Town Council further amended the Street Acceptance Policy so as to add clarifying language relating to Town Council’s authority for approvals at their meeting on May 8, 2018; and WHEREAS, an application has been submitted that was deemed complete, the streets were determined to meet the requirements as established by the Zoning Ordinance, Code of Ordinances and Street Acceptance Policy; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Town of Fort Mill will accept, subject to a one-year warranty period, the following street into the Town of Fort Mill Street Maintenance System: Carolina Orchards Boulevard. SIGNED AND SEALED this _____ day of ___________________, 2023, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2023. _______________________________ Guynn H. Savage Mayor Witness: _______________________________ Virginia Burgess Town Clerk  Meeting Information Meeting Type Town Council Meeting Date March 13, 2023 Request Summary Action (Old Bus.) X Action (New Bus.) Info/Discussion Request Type Public Hearing Executive Session Other Case Summary Annexation Rezoning Text Amendment Case Type Subdivision Plat Appearance Review X Other Property Information Applicant Carolina Orchards Community Association, Ben Taylor Property Owner Carolina Orchards Community Association Location Carolina Orchards (Hammond Road) Street Name(s) Carolina Orchards Blvd. (Hammond Road) Length 939.6 feet Right-of-Way 50 foot Current Zoning MXU Title A resolution accepting a street within the Carolina Orchards subdivision (Hammond Road – Portion) into the Town of Fort Mill Street Maintenance System Background Information Discussion The Town’s Street Acceptance Policy, which was adopted by council on April 11, 2016 and last amended on May 14, 2018, includes the eligibility requirements, application procedures, and the review inspection and approval process for all streets offered to the Town for public ownership and maintenance. An application was submitted by Carolina Orchards Community Association for the Carolina Orchards, Hammond Road. 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 Carolina Orchards, Hammond Road are 100% built out, which meets/exceeds the requirements of the street acceptance policy. The sidewalks along Hammond Road in the Carolina Orchards subdivision will NOT be maintained by the Town of Fort Mill. These sidewalks are located on HOA property, will remain private, and be maintained by the developer and HOA. Maintenance agreements for landscaped medians and other non-standard right-of-way sections have been completed and recorded. The request for acceptance only covers the portion of Hammond Road that is located within the Town limits. A portion of Hammond Road extends into York County’s jurisdiction and will remain the responsibility of York County. The Public Works and Utilities Departments have reviewed the roads submitted for acceptance and found them to be in compliance with the Town’s specifications and requirements. Should Town Council vote to approve this resolution accepting the streets, the developer would enter into a one-year warranty period during which time they are responsible for any maintenance to the streets. Upon the closing of the warranty period, the Town would take over the maintenance responsibility for the streets. Alternatives 1. Approve the resolution accepting the street listed into the Town of Fort Mill Street Maintenance System. 2. Do not approve the resolution accepting the street listed into the Town of Fort Mill Street Maintenance System. Staff Contact Name & Title Penelope G. Karagounis, Planning Director Department Planning Department Date of Request December 20, 2023 Legislative History Adoption Scheduled: March 13, 2023 Effective Date Pending (Effective Upon Adoption)  Attachments • Location Map • Resolution • Non-Maintenance Agreement STATE OF SOUTH CAROLINA ) ) RESOLUTION NO. 2023 -____ TOWN OF FORT MILL ) A RESOLUTION ACCEPTING A STREET WITHIN THE CAROLINA ORCHARDS SUBDIVISION (HAMMOND ROAD - PORTION) INTO THE TOWN OF FORT MILL STREET MAINTENANCE SYSTEM WHEREAS, Section 32-115(b) of the Code of Ordinances for the Town of Fort Mill requires that all streets which are offered for acceptance into the Fort Mill Street Maintenance System shall be subject to the Town’s Street Acceptance Policy; and WHEREAS, Town Council adopted a resolution to establish a Street Acceptance Policy for the Town of Fort Mill on April 11, 2016; and WHEREAS, Town Council amended the Street Acceptance Policy so as to exempt streets which were recorded prior to April 11, 2016 from the one-time street inspection fee, and authorizing alternative testing methods when testing and inspection reports are not available, and exempt a surety bond or letter of credit at their meeting on September 25, 2017; and WHEREAS, Town Council further amended the Street Acceptance Policy so as to add clarifying language relating to Town Council’s authority for approvals at their meeting on May 8, 2018; and WHEREAS, an application has been submitted that was deemed complete, the streets were determined to meet the requirements as established by the Zoning Ordinance, Code of Ordinances and Street Acceptance Policy; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Town of Fort Mill will accept, subject to a one-year warranty period, the following street into the Town of Fort Mill Street Maintenance System: Hammond Road (Portion). SIGNED AND SEALED this _____ day of ___________________, 2023, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2023. _______________________________ Guynn H. Savage Mayor Witness: _______________________________ Virginia Burgess Town Clerk