Town Council

Fort Mill Town Council Meeting Monday, June 12, 2023 6:00 p.m. Council Chambers 112 Confederate Street Fort Mill, SC 29715 AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION MINUTES May 22, 2023, Town Council Meeting Minutes 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 Stormwater Mural Project - Mina McLean MacDonald Presentation #2 Recognition of Sergeant Marion Heriot – Chief Zachary Presentation #3 2023 Independence Day Celebration – Jacona Hester Presentation #4 2023 Firing of the Cannons – Jacona Hester Page 1|3 OLD BUSINESS Old Business Item #1 Public Hearing and Second reading: An ordinance to adopt the America Rescue Plan fund budget for the Town of Fort Mill, South Carolina – Chris Pettit NEW BUSINESS New Business Item #1 A resolution for the proposed resurfacing and road widening/intersection improvement projects for Pennies for Progress 5 Program. – Penelope Karagounis New Business Item #2 2023 Firing of the Cannons - A resolution designating the Bandstand and Confederate Park, located on Main Street, as the site of a public event and to authorize a special event permit for live music, sound amplifying equipment and firing of the cannons on Tuesday, July 4, 2023, 10 A.M. until 11 A.M. – Jacona Hester New Business Item #3 2023 Independence Day Celebration & Town of Fort Mill’s 150th Party - A resolution designating Walter Elisha Park, 345 N. White Street, on Monday, July 3, 2023, 6 P.M. until 9:30 P.M. as the site of a public festival in which alcoholic beverages may be sold, possessed, and consumed, and to authorize a special event permit for live music and sound amplifying equipment and to authorize a Fireworks Display for Monday, July 3, 2023, 6 P.M. until 9:30 P.M. at Walter Elisha Park, 345 N. White Street. The Fireworks Display will be at 9:15 P.M – Jacona Hester New Business Item #4 Main Street Jams Resolution A resolution designating Main Street (Tom Hall Street to Academy Street) as the site of a public festival on Saturday, June 17, from 5PM-9PM and Saturday, September 16, 2023, from 1PM - 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 INFORMATION/DISCUSSION There are no Information/Discussion items. EXCUTIVE SESSION Please Note: Council may take action on Executive Session Items listed on the agenda when they come back into Public Session. There are no Executive Session items. Page 2|3 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 3|3  Fort Mill Town Council Meeting Minutes Monday, May 22, 2023 6:00 p.m. Council Chambers 112 Confederate Street Fort Mill, SC 29715 PRESENT: Mayor Savage, Councilman Moody, Councilman Wolfe, Councilman Garrison, Councilman Helms and Councilwoman Cook was present. Councilman Hudgins was absent. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION Councilman Helms provided the invocation. MINUTES May 1, 2023, Special Called Council Meeting May 8, 2023, Regular Council Meeting Councilman Wolfe made a MOTION to approve the minutes of the May 1, 2023, and May 8, 2023, council meetings. SECONDED by Councilman Garrison. Passed 6-0. PUBLIC COMMENT Pursuant to Section 2-46 of the Code of Ordinances for the Town of Fort Mill, any citizen of the Town may appear before council for the purpose of providing public comments on any municipal matter (except personnel matters). Those who wish to speak must sign in outside of Council Chambers prior to the start of the meeting. Citizens will be given 3 minutes each to speak. No one signed up for Public Comment. Page 1|8 PRESENTATIONS Presentation #1 Freedom of Information Act guidelines. Charlie Barrineau, Field Representative with the South Carolina Municipal Association, gave a presentation on Freedom of Information guidelines pertaining to Council activities and social media accounts. OLD BUSINESS Old Business Item #1 Second Reading – Crossroads Development Project: An ordinance further 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 told council that there are no changes or public comments made on this item. Councilwoman Cook made a MOTION to accept and ordinance further 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 Councilman Wolfe. Passed 6-0. Old Business Item #2 Second Reading – Crossroads Development Project: An ordinance further 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 told council that there are no changes or public comments made on this item. Councilman Garrison made a MOTION to approve an ordinance further 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 Page 2|8  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 Moody. Passed 6-0. Old Business Item #3 Second Reading – Crossroads Development Project: An ordinance further 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 stated that there are no changes or public comments made on this item. Councilwoman Cook made a MOTION to approve an ordinance further 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 6-0. Old Business Item #4 Second Reading: An ordinance amending the zoning ordinance for the Town of Fort Mill; Article VI, Administration, Enforcement, Penalties, and Fees; Section 4.4, Mobile Food Vendors; to further amend the requirements for Mobile Food Vendors. Penelope Karagounis stated that no changes or public feedback have been made since first reading. Councilwoman Cook made a MOTION to approve an ordinance amending the zoning ordinance for the Town of Fort Mill; Article VI, Administration, Enforcement, Penalties, and Fees; Section 4.4, Mobile Food Vendors; to further amend the requirements for Mobile Food Vendors. SECONDED by Councilman Garrison. Passed 6-0. Old Business Item #5 Second Reading: An ordinance amending the zoning ordinance for the Town of Fort Mill; Article III, Signs; Section 5.7, Election Signs; to amend the requirements for the removal of election signs following an election. Page 3|8  Ms. Karagounis said that no changes were made since first reading of this ordinance. Councilwoman Cook made a MOTION to approve an ordinance amending the zoning ordinance for the Town of Fort Mill; Article III, Signs; Section 5.7, Election Signs; to amend the requirements for the removal of election signs following an election. SECONDED by Councilman Garrison. Passed 6-0. NEW BUSINESS New Business Item #1 First Reading: An ordinance to adopt the America Rescue Plan fund budget for the Town of Fort Mill, South Carolina. Chris Pettit stated that signed into law in March of 2021, the American Rescue Plan Act (ARPA) established the Coronavirus Local Fiscal Recovery Fund which provided support to local governments to respond to the impacts of the COVID- 19 pandemic. The Town of Fort Mill, across two separate allocations, received a total of $11,093,954.80. This money is restricted in its use by the Federal Government both in the time in which may be spent as well as the projects in which it may be spent on. The money must be allocated by the end of 2024 and expended by the end of 2026 on projects identified in the Department of Treasury’s Final Rule (henceforth referred to as the Final Rule), which was effective April 1, 2022. Following significant discussion amongst staff and Council, the attached budget is now being proposed that covers the entirety of the Town’s ARPA allocation. The budget consists of the following line items: 1) Provision of Government Services: $10,000,000 a. The Final Rule allowed municipalities to recover lost revenue resulting from the COVID-19 pandemic and use those funds for the “provision of government services”. This category of expenditure is the least restrictive of all eligible categories, thus the Town is maximizing the amount of money that can be dedicated to this category by law. The Final Rule allowed municipalities to claim a “standard deduction” of up to $10 million toward this category of expenditure, which is what is proposed in the budget. 2) Employee Premium Pay: $523,294.49 a. These funds were paid to Town workers performing essential work during the COVID-19 public health emergency. 3) Local Match for SCIIP Awarded Project: $570,660.31 a. The Final Rule allows municipalities to make necessary investments in water Page 4|8  infrastructure. The Town’s proposed budget would use the remaining balance of the ARPA funds as a local match to a state awarded SC Infrastructure Investment Program project. Thus, the Town is leveraging $570,660.31 (plus a portion of the $10 million dedicated to the provision of government services to complete the local match) to complete an over $6 million project. Councilwoman Cook made a MOTION to approve an ordinance to adopt the America Rescue Plan fund budget for the Town of Fort Mill, South Carolina. SECONDED by Councilman Wolfe. Passed 6-0. New Business Item #2 Consideration to accept South Carolina Infrastructure Investment Program Grant. Davy Broom explained to council the following information: The South Carolina Infrastructure Investment Program is a program funded Federally by the American Rescue Plan Act. Total funding is $1.369 billion. Requests for funding were due September 2022. Funds are to assist with improvements for clean drinking water, sanitary sewer and stormwater resilience. Requirements are: o For small communities under 30,000 population o Max grant: $10 million o Matching funds: 15% o Federal grant requirements o State Revolving Fund (SRF) qualifying projects o Multiple projects and can be packaged The following projects were submitted: o Northern Sewer Pump Station Upgrade o Fort Mill Bypass Water Line – Dobys Bridge Road to Tom Hall Street o Spratt Street Water Line Replacement The following funds were approved: o Fort Mill received a $6,619,644 grant o Matching funds from Fort Mill at 15% o Fort Mill Portion for Funds Actually Approved ▪ Administration (Catawba COG) $75,000 ▪ Engineering $570,000 ▪ Construction $523,172 ▪ Total Fort Mill Funds $1,168,172 Page 5|8  • American Rescue Plan Act funding that was previously awarded to Fort Mill can be used for these matching funds. Next steps: o Obtain Engineering Proposals and Approve o Complete Design o Bid and Award Construction Contracts with Federal Requirements o Construction of Projects • Catawba Regional Council of Governments will serve as the town’s grant administrator • Projects must be completed by December 2026 Councilman Wolfe made a MOTION to accept the South Carolina Infrastructure Investment Program Grant. SECONDED by Councilman Garrison. Passed 6-0. INFORMATION/DISCUSSION Information/Discussion Item #1 Lead and Copper Rule and System Survey Greg Rushing, Utilities Director, explained to council the details of this survey. The following information was given: In December of 2021, the Environmental Protection Agency (EPA) passed regulations requiring all public water systems to conduct and maintain a complete system survey of all water service lines in its service area for the existence of lead in those lines. This system inventory is required to be complete by October 16, 2024. The South Carolina Department of Health and Environmental Control (SCDHEC) will administer this regulation. All services must be categorized into one of four classes: Lead, Galvanized requiring replacement, Non-Lead, and Unknown. All categories except non-Lead must be treated as Lead positive. While no action has been indicated other than the survey, it is anticipated that the EPA will require replacement of all Lead-positive service lines up to the customer home/business. Multiple sources of data may be used to verify the existence of lead. In 1988 such service lines were deemed illegal. This allows us to assume that any structures built after this date are negative for lead. This is our largest data source. For most other services, the lines must be verified on site. This requires excavation in the area of the water meter and visual inspection. A secondary form of verification would be public involvement and inspection. We are allowed to accept information provided by property owners, accompanied by pictures and materials tests, to complete this. We have prepared a spreadsheet and Geographic Information System (GIS) mapping of all known water service lines and are prepared to begin survey of those lines to verify pipe material. Determination of services constructed after the above-referenced construction date of 1988 has been completed using records available from York County GIS. The next step will be identifying those areas where the construction type and Page 6|8  dated would be similar. These areas include specific developments, neighborhoods, or housing authorities. In those areas a representative sample may be obtained to verify the neighborhood or street without a complete inspection of all services. For those areas not in the above categories, a physical inspection will be conducted. This will involve excavation outside of the water meter to identify the service line material type. Other technologies are available but are currently very expensive. We will continue to pursue methods to reduce impact on the customer base throughout the length of the project. Where excavations are required, we will limit the area to the absolute minimum. Notifications will be made by standard methods including door hangers, signs (where applicable), and Town social networking. Also, for any customer concerns, we have prepared a web page and FAQ information on our website. Information/Discussion Item #2 Pennies for Progress 5 Program Penelope Karagounis gave council information on the Pennies for Progress 5 Program. The following information was given: This is the 5th York County Projects Sales and Use Tax program to be voted on by the residents of York County on November 5, 2024. This is also known as the Pennies for Progress 5 Program. This program is a continuation of the previous 1-cent sales tax program passed by referendum in November 2017 and not an addition to the previous tax. If approved, the collection will begin on May 1, 2025. Next Steps: York County has reached out to the Town of Fort Mill for the Town to identify four resurfacing projects and four road widening/intersection improvements to be discussed for the Pennies for Progress 5 Program. The Citizen Committee for Pennies for Progress 5 Program will hold a public meeting for the Town of Fort Mill on Wednesday, July 19, 2023, at the Catawba Ridge High School. Staff would like to discuss the suggested resurfacing and road widening/intersection improvement projects at the Town Council Meeting on Monday, May 22, 2023, at 6:00 pm. The following resurfacing projects suggested are: 1. Banks Road – From Fairway Drive to Wolfpack Trail 2. Main Street 3. Academy Street – From Main Street to Banks Road 4. Tom Hall Street – from Main Street to Banks Road Page 7|8  The following road widening/intersection improvement projects suggested are: 1. Widen US21 from HWY 160 to Sutton Road/Fort Mill Parkway 2. Three lane North White Street from Horse Road to a new roundabout at Old Nation Road 3. Pedestrian improvements on Clebourne Street including a new pedestrian bridge over the railroad. 4. Widen the Fort Mill Parkway from the railroad overpass to Holbrook Road. EXCUTIVE SESSION Please Note: Council may take action on Executive Session Items listed on the agenda when they come back into Public Session. There are no Executive Session items. ADJOURN Councilman Helms made a MOTION to adjourn. SECONDED by Councilman Moody. Passed 6-0. Being no more business to conduct, the meeting adjourned at 7:49 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 8|8 Stormwater “IT’S IN OUR Mural Project HANDS” By the Numbers 8 staff prepped 71 volunteers painted 50+ design hours 500+ painting hours 19 gallons of concrete stain 1 amazing educational mural! Student Stomwater Art Contest Winners We were so excited to have some of our student winners come out and help paint the mural that they inspired! Presentation Title We hope each student can see a bit of their artwork reflected in the mural. 4 5 Thank You to Our Sponsors 7  Meeting Information Meeting Type Council Meeting Meeting Date Monday, June 12, 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. 2023 Independence Day Celebration & Town’s 150th Anniversary Party 2. 2023 Firing of the Cannons 3. Resolutions for: Main Street Jams: June 17 and September 16, 2023 2023 Independence Day Celebration & Town’s 150th Anniversary Party 2023 Firing of the Cannons Background Information Background 1. Presentations for our July 3-4 events: -2023 Independence Day Celebration & Town’s 150th Anniversary Party -2023 Firing of the Cannons 2. Resolutions for: -Main Street Jams: June 17 and September 16, 2023-Jams were presented earlier in the year -2023 Independence Day Celebration & Town’s 150th Anniversary Party -2023 Firing of the Cannons Alternatives 1. 2. 3. Staff Recommendation Recommendation Name & Title  Department Legislative History First Reading Public Hearing Second Reading Effective Date Upon adoption Attachments 1. 2023 Independence Day Celebration & Town’s 150th Anniversary Party 2. 2023 Firing of the Cannons 3. Resolutions for: -Main Street Jams: June 17 and September 16, 2023 -2023 Independence Day Celebration & Town’s 150th Anniversary Party -2023 Firing of the Cannons Fort Mill Amphitheater Walter Elisha Park 345 N. White Street • Most Patriotic Contest! • Open to all ages! • Be at the Fort Mill Amphitheater Stage at 6PM dressed in your most patriotic attire! • Winners will receive prizes! Rockie Lynne Patriotic Show 6:30PM-7:30PM Fort Mill Amphitheater Stage Rockie Lynne is a Veteran who travels around the country performing his own music and more. He and his band will be performing their “Patriotic Show”. Independence Day & Town’s 150th Ceremony 7:30PM Fort Mill Amphitheater Stage  • Welcome Celebration • Opening Prayer • Posting of the Colors Ceremony • Pledge of Allegiance • National Anthem Details “Star Spangled Banner” • Introductions • Special Remarks Order of Ceremony • Presentation of Town of Fort Mill 150th Anniversary Resolution • Special Music • Conclusion of the Ceremony  Autumn Tyde Beach, Oldies, R & B, Rock, Country and 8PM-9:15PM Fort Mill Amphitheater Stage Charting Originals! DJ Brown Sound 6-9:30PM Food Truck Court Music & Games  Food Vendors 6PM-9:15PM Walter Elisha Park • A Sprinkle of Love • Abbotts Frozen Custard • Chanchos Tacos • Charlie B's Seafood • Cousins Maine Lobster Charlotte • Hobb's Nuts • JamRock Jerk Spot • Jhasemade Lemonade • King of Fire • Kona Ice • Krave Food Truck • Pelicans Snoballs • Popcorn Heaven • S & K Funnel Cakes • Salute Chew • That Won Truck • Whit’s Frozen Custard Fort Mill Vendors Blue Butterfly Dreams LLC Build a Barnyard Friend Coldwell Banker Realty (Tiffany Bradley) Cossette's Naturals 6PM-9:15PM Walter Elisha Park Education Travel & Girl Scouts Hornets Encore Music Studios Gifted Culture Culture (non- profit) Nest York 2 Council Greeting from Honest Elderberry Co. JayMac Woods Kingdom Amusements Suburbia Made by Megan LeMakron Nicci's Designs Peace & Joy Creations Jayne So Bright Ent. Smart Kids State Line Gear Toys N Such Wilder and Soul More fun Roving stuff! Beer & Wine Yard Games Kids Activities Entertainment Town of Fort Mill’s 150th Party! • Fort Mill 150 Historical Photo Display • Fort Mill 150 Photo Ops • Special Fort Mill 150- 1000 Cookies Giveaway • Town of Fort Mill’s 150 Special Presentation during Ceremony by the Honorable S.C. House Representative, Raye Felder • Other Special Fort Mill 150 Giveaways Fireworks Display 9:15PM Site Map  Road Closures • N. White Street (from Old Nation Road to Ardrey Street) Closed from approximately 8:30PM until 10PM for Fireworks Show • Ardrey Street will be closed 4PM-10PM Parking • Veterans Park, 106 N. White Street • Calhoun Street Park, 203 Calhoun Street • Looms Way • Handicapped-Amphitheater Lot  2022 Pictures  2022 Pictures  Seeking a resolution designating Walter Elisha Park, 345 N. White Street, on Monday, July 3, 2023, 6 P.M. until 9:30 P.M. as the site of a public festival in which alcoholic beverages may be sold, possessed, and consumed, and to authorize a special Resolution event permit for live music and sound amplifying equipment and to authorize a Fireworks Display for Monday, July 3, 2023, 6 P.M. until 9:30 P.M. at Walter Elisha Park, 345 N. White Street. The Fireworks Display will be at 9:15 P.M. Details are in the Resolution.  Join us for the 51 Annual st  • Welcome • Opening Prayer FIRING OF • Posting of the Flags • Pledge of Allegiance THE • National Anthem-“Star Spangled Banner” • Recognition of Dignitaries CANNONS • History of the Firing of the Cannons • Short Family 50th Year Cannoneers Recognition & Presentation of Medals Order of Ceremony • Special Music • Firing of the Cannons Information 10AM • Cannon Warning & Countdown • Firing of the Cannons (#1 & #2) • Conclusion of the Ceremony Firing of the Cannons Recognition of The Short Family’s 50th Year of being the Official Cannoneers  The Short Family 2022 Firing of the Cannons Site Map  Road Closures Tuesday, July 4, 2023 Town of Fort Mill-Firing of the Cannons • S. White Street (Main Street to Spratt Street) • Main Street (Academy Street to Tom Hall Street) • Confederate Street (Main Street to Monroe White Street) • N. White Street (Main Street to Clebourne Street) • Railroad Avenue • 9 a.m.-11 a.m. • Coning off Main Street, some of Railroad Avenue and Veterans Lot Parking Spaces for safety of Cannon Firing  Parking -Veterans Park, 106 N. White Street -Downtown Municipal Lots (Town Hall, 200 Tom Hall Street & Behind Downtown Merchants) First Baptist Church, 121 Monroe White Street  Seeking a resolution designating the Bandstand and Resolution Confederate Park, located on Main Street, as the site of a public event and to authorize a special event permit for live music, sound amplifying equipment and firing of the cannons on Tuesday, July 4, 2023, 10 A.M. until 11 A.M.  Meeting Information Meeting Type Town Council Meeting Date June 12, 2023 Request Summary X Action (Old Bus.) Action (New Bus.) Info/Discussion Request Type X Public Hearing Executive Session Other Case Summary Annexation Rezoning Text Amendment Case Type Subdivision Plat Appearance Review X Other Title AN ORDINANCE TO ADOPT THE AMERICAN RESCUE PLAN FUND BUDGET FOR THE TOWN OF FORT MILL, SOUTH CAROLINA Background Information Request Summary Signed into law in March of 2021, the American Rescue Plan Act (ARPA) established the Coronavirus Local Fiscal Recovery Fund which provided support to local governments to respond to the impacts of the COVID-19 pandemic. The Town of Fort Mill, across two separate allocations, received a total of $11,093,954.80. This money is restricted in its use by the Federal Government both in the time in which in may be spent as well as the projects in which it may be spent on. The money must be allocated by the end of 2024 and expended by the end of 2026 on projects identified in the Department of Treasury’s Final Rule (henceforth referred to as the Final Rule), which was effective April 1, 2022. Following significant discussion amongst staff and Council, the attached budget is now being proposed that covers the entirety of the Town’s ARPA allocation. The budget consists of the following line items: 1) Provision of Government Services: $10,000,000 a. The Final Rule allowed municipalities to recover lost revenue resulting from the COVID-19 pandemic and use those funds for the “provision of government services”. This category of expenditure is the least restrictive of all eligible categories, thus the Town is maximizing the amount of money that can be dedicated to this category by law. The Final Rule allowed municipalities to claim a “standard deduction” of up to $10 million toward this category of expenditure, which is what is proposed in the budget.  2) Employee Premium Pay: $523,294.49 a. These funds were paid to Town workers performing essential work during the COVID-19 public health emergency. 3) Local Match for SCIIP Awarded Project: $570,660.31 a. The Final Rule allows municipalities to make necessary investments in water infrastructure. The Town’s proposed budget would use the remaining balance of the ARPA funds as a local match to a state awarded SC Infrastructure Investment Program project. Thus, the Town is leveraging $570,660.31 (plus a portion of the $10 million dedicated to the provision of government services to complete the local match) to complete an over $6 million project. Alternatives 1. Approve Second reading of the ordinance 2. Approve Second reading of the ordinance with modifications 2. Do no approve Second reading of the ordinance Staff Contact Name & Title Chris Pettit, Assistant Town Manager Department Administration Date of Request May 22, 2023 Attachments • Draft Ordinance  STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2023-__ AN ORDINANCE TO ADOPT THE AMERICAN RESCUE PLAN FUND BUDGET FOR THE TOWN OF FORT MILL, SOUTH CAROLINA WHEREAS, Section 5-7-260(3) of the South Carolina Code of Laws and Section 2-61 of the Code of Ordinances for the Town of Fort Mill require that the municipal council adopt, by ordinance, a budget pursuant to public notice; and WHEREAS, pursuant to Section 6-1-320 of the South Carolina Code of Laws, a public hearing was advertised and held at a regular meeting of the Fort Mill Town Council 6:00 p.m. on ______________________________, in Fort Mill Town Council Chambers, with public input duly noted; and WHEREAS, the proposed budget has been found to be in balance with the American Rescue Fund allocations designated for the Town of Fort Mill; NOW THEREFORE, BE IT ORDAINED by the Governing Body of the Town of Fort Mill, in Council duly assembled and by the authority of the same that: SECTION I. The proposed budget is attached hereto as Exhibit A. SECTION II. Severability. If any section, subsection, paragraph, clause, or provision of this ordinance shall be deemed to be unconstitutional, unenforceable, or otherwise invalid by the final decision of a court of competent jurisdiction, the validity of the remaining sections, subsections, paragraphs, clauses, or provisions shall not be affected thereby. SECTION III. Conflicting Ordinances. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. Effective Date. This ordinance shall take effect and be in force immediately upon adoption. Signature Page to Follow  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. First Reading: TOWN OF FORT MILL Public Hearing: Second Reading: ______________________________ Guynn Savage, Mayor LEGAL REVIEW ATTEST ______________________________ ______________________________ Barron B. Mack, Jr., Town Attorney Virginia C. Burgess, Town Clerk  Exhibit A Total ARP Funds Received: $11,093,954.80 Expenditures: • Provision of Government Services: $10,000,000.00 • Employee Premium Pay: $523,294.49 • Local Match for SCIIP Awarded Project: $570,660.31 Total for Expenditures: $11,093,954.80 Amount Unallocated: $0  Meeting Information Meeting Type Town Council Meeting Date June 12, 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 Fort Mill Town Staff Title A resolution for the proposed resurfacing and road widening/intersection improvement projects for Pennies for Progress 5 Program. Background Information Background This is the 5th York County Project Sales and Use Tax program to be voted on by the residents of York County on November 5, 2024. This is also known as the Pennies for Progress 5 Program. This program is a continuation of the previous 1-cent sales tax program passed by referendum in November 2017 and not an addition to the previous tax. If approved, the collection will begin on May 1, 2025. York County has reached out to the Town of Fort Mill for the Town to identify four resurfacing projects and four road widening/intersection improvements to be discussed for the Pennies for Progress 5 Program. The Citizen Committee for Pennies for Progress 5 Program will hold a public meeting for the Town of Fort Mill on Wednesday, July 19, 2023, at Catawba Ridge High School. Town Council The Town of Fort Mill Town Council met on Monday, May 22, 2023, and Meeting: May 22, heard the information/discussion for the suggested resurfacing and road 2023 widening/intersection improvement projects for Pennies for Progress 5 Program. Staff discussed a variety of projects and after discussion, Town Council offered the following suggested prioritization for the resurfacing and road widening/intersection improvement projects. The prioritization of the recommended resurfacing projects are: 1. Banks Road – From Fairway Drive to Wolfpack Trail 2. Tom Hall Street– From Main Street to Banks Street 3. Academy Street – From Main Street to Banks Street 4. Main Street The prioritization of the recommended road widening/intersection improvement projects are: 1. Widen Bypass US 21 from HWY 160 to Sutton Road/Fort Mill Parkway 2. Three lane North White Street from Horse Road to a new roundabout at Old Nation Road 3. Widen the Fort Mill Parkway from the railroad overpass at US Foods to Holbrook Road 4. Pedestrian improvements on Clebourne Street including a new pedestrian bridge over the railroad Alternatives 1. Approve the resolution for the proposed resurfacing and road widening/intersection improvement projects for Pennies for Progress 5 Program 2. Do not approve the resolution for the proposed resurfacing and road widening/intersection improvement projects for Pennies for Progress 5 Program. Staff Contact Chris Pettit, Assistant Town Manager and Penelope G. Karagounis, Town Name & Title Planning Director Department Administration Date of Request May 22, 2023 Legislative History Adoption: Scheduled: June 12, 2023 Effective Date: Pending (Effective Upon Adoption Attachments • Location Map of Proposed Road Improvements STATE OF SOUTH CAROLINA ) A RESOLUTION OF THE ) TOWN OF FORT MILL COUNTY OF YORK ) A RESOLUTION IN SUPPORT OF PENNIES FOR PROGRESS 5 WHEREAS, the citizens of York County did approve the first Capital Project Sales and Use Tax Program known as Pennies for Progress in 1997 and have continued to do so in 2003, 2011, and 2017; WHEREAS, the Fort Mill Town Council do support the transportation mobility, significant road improvements, and reduction of traffic congestion that Pennies for Progress has provided to York County in previous years; WHEREAS, the Town Council of the Town of Fort Mill desire to submit the attached prioritized list of road improvement projects; NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Fort Mill does hereby submit the following list of prioritized projects to York County for Pennies for Progress 5 to implement local solutions for transportation issues and need. The resurfacing projects recommended are: 1. Banks Road – From Fairway Drive to Wolfpack Trail 2. Tom Hall Street– From Main Street to Banks Street 3. Academy Street – From Main Street to Banks Street 4. Main Street The road widening/intersection improvement projects recommended are: 1. Widen Bypass US 21 from HWY 160 to Sutton Road/Fort Mill Parkway 2. Three lane North White Street from Horse Road to a new roundabout at Old Nation Road 3. Widen Fort Mill Parkway from the railroad overpass near US Foods to Holbrook Road 4. Pedestrian improvements on Clebourne Street including a new pedestrian bridge over the railroad Signature page to follow  SIGNED AND SEALED this ______ day of _________________________, 2023, by the Mayor of the Town of Fort Mill. Signed: ___________________________________ Guynn H. Savage Mayor Witness: ___________________________________ Virginia Burgess Municipal Clerk New Business Item 2023 Firing of the Cannons A resolution designating the Bandstand and Confederate Park, located on Main Street, as the site of a public event and to authorize a special event permit for live music, sound amplifying equipment and firing of the cannons on Tuesday, July 4, 2023, 10 A.M. until 11 A.M. Pursuant to Sec. 24-34(c)(2)(l) of the Code of Ordinances for the Town of Fort Mill, the council is also asked to consider a request to authorize a special event permit for live music and sound amplifying equipment on Tuesday, July 4, 2023, from 10 A.M. until 11 A.M. The town’s noise ordinance allows council to grant permits to “responsible organizations to broadcast programs of music, speeches or general entertainment as a part and in recognition of a community celebration of national, state or town events, public festivals, or outstanding events of a noncommercial character, provided that traffic on the streets is not obstructed by reason thereof and adequate provisions will be made to minimize the disturbance to neighboring residential areas.” Staff will be available during the meeting to answer any questions that council may have regarding either of these items. Recommendation It is recommended that council approve the request. STATE OF SOUTH CAROLINA TOWN OF FORT MILL A RESOLUTION DESIGNATING THE BANDSTAND AND CONFEDERATE PARK, LOCATED ON MAIN STREET, AS THE SITE OF A PUBLIC EVENT AND TO AUTHORIZE A SPECIAL EVENT PERMIT FOR LIVE MUSIC, SOUND AMPLIFYING EQUIPMENT AND FIRING OF THE CANNONS ON TUESDAY, JULY 4, 2023, 10 A.M. UNTIL 11 A.M. WHEREAS, Sec. 24-34(c)(2)(l) of the Code of Ordinances for the Town of Fort Mill generally prohibits loud, disturbing and unnecessary noise from sound amplifying devices; however, the council may grant a special event permit to responsible organizations to broadcast programs of music, speeches or general entertainment as a part and in recognition of a community celebration of national, state or town events, public festivals, or outstanding events of a noncommercial character, provided that traffic on the streets is not obstructed by reason thereof and adequate provisions will be made to minimize the disturbance to neighboring residential areas; and WHEREAS, the Firing of the Cannons Ceremony scheduled to take place on Tuesday, July 4, 2023 from 10 A.M. until 11 A.M. in the Bandstand and Confederate Park WHEREAS, the Town Council has determined that the applicant has proposed and will take the necessary precautions protect public safety and minimize the impact of unreasonable noise to surrounding residences; NOW THEREFORE BE IT RESOLVED, that the Mayor and Town Council further authorizes a special event permit for live music and sound amplifying equipment on Tuesday, July 4, 2023, 10 A.M. until 11 A.M. at the Bandstand and Confederate Park, located on Main Street and to authorize the Firing of the Cannons. 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. Signed: ________________________________ Guynn Savage Mayor Witness: ________________________________ Virginia Burgess Town Clerk New Business Item 2023 Independence Day Celebration & Town of Fort Mill’s 150th Party A resolution designating Walter Elisha Park, 345 N. White Street, on Monday, July 3, 2023, 6 P.M. until 9:30 P.M. as the site of a public festival in which alcoholic beverages may be sold, possessed, and consumed, and to authorize a special event permit for live music and sound amplifying equipment and to authorize a Fireworks Display for Monday, July 3, 2023, 6 P.M. until 9:30 P.M. at Walter Elisha Park, 345 N. White Street. The Fireworks Display will be at 9:15 P.M. Pursuant to Sec. 24-30(b)(2) of the Code of Ordinances for the Town of Fort Mill, the council is asked to consider a request from Jacona Hester, Events Coordinator, to Walter Elisha Park, 345 N. White Street, on Monday, July 3, 2023, 6 P.M. until 9:30 P.M. as the site of a public festival in which alcoholic beverages may be sold, possessed, and consumed. This request would allow for an exception from the public consumption ordinance on Monday, July 3, 2023. With Council’s approval, alcohol sales would be permitted between 6 P.M. until 9 P.M. on Monday, July 3, 2023. Alcohol sales will be cut off 30 minutes before event concludes. The process of selling would be: ID checks, wrist bands, beer/wine tickets, and zero-tolerance enforcement. Pursuant to Sec. 24-34(c)(2)(l) of the Code of Ordinances for the Town of Fort Mill, the council is also asked to consider a request to authorize a special event permit for live music and sound amplifying equipment on Monday, July 3, 2023, 6 P.M. until 9:30 P.M. The town’s noise ordinance allows council to grant permits to “responsible organizations to broadcast programs of music, speeches or general entertainment as a part and in recognition of a community celebration of national, state or town events, public festivals, or outstanding events of a noncommercial character, provided that traffic on the streets is not obstructed by reason thereof and adequate provisions will be made to minimize the disturbance to neighboring residential areas.” Staff will be available during the meeting to answer any questions that council may have regarding either of these items. Recommendation It is recommended that council approve the request. STATE OF SOUTH CAROLINA TOWN OF FORT MILL A RESOLUTION DESIGNATING WALTER ELISHA PARK, 345 N. WHITE STREET, ON MONDAY, JULY 3, 2023, 6 P.M. UNTIL 9:30 P.M. AS THE SITE OF A PUBLIC FESTIVAL IN WHICH ALCOHOLIC BEVERAGES MAY BE SOLD, POSSESSED, AND CONSUMED, AND TO AUTHORIZE A SPECIAL EVENT PERMIT FOR LIVE MUSIC AND SOUND AMPLIFYING EQUIPMENT AND TO AUTHORIZE A FIREWORKS DISPLAY FOR MONDAY, JULY 3, 2023, 6 P.M. UNTIL 9:30 P.M. AT WALTER ELISHA PARK, 345 N. WHITE STREET. THE FIREWORKS DISPLAY WILL BE AT 9:15 P.M. WHEREAS, Sec. 24-30 of the Code of Ordinances of the Town of Fort Mill Sec. 24-30. Display, consumption of beer, wine or other alcoholic beverages in public. It shall be unlawful to openly display or consume any beer or wine or other alcoholic beverage in or from any container on any public street or sidewalk, in any public parking areas, parks, recreation areas, or at any public gathering place excluding the following: i.Private businesses; ii.Any areas as designated and approved in a Special Event Permit issued by the Town of Fort Mill. a. This section is not intended to be in conflict with and will not be in conflict with any state laws regulating the consumption of sealed, licensed liquors. b. The application of this section shall in no way affect the enforcement or prosecution of violations of Section 24-26. - Breach of peace; disorderly conduct; obscenity; drunkenness; indecent or dangerous conduct, or any other Town Ordinances or State Law. c. Any person found to be guilty of violating the terms of this section shall, upon conviction be punished in accordance with Section 1-6. WHEREAS, Sec. 24-34(c)(2)(l) of the Code of Ordinances for the Town of Fort Mill generally prohibits loud, disturbing and unnecessary noise from sound amplifying devices; however, the council may grant a special event permit to responsible organizations to broadcast programs of music, speeches or general entertainment as a part and in recognition of a community celebration of national, state or town events, public festivals, or outstanding events of a noncommercial character, provided that traffic on the streets is not obstructed by reason thereof and adequate provisions will be made to minimize the disturbance to neighboring residential areas; and WHEREAS, the Independence Day Celebration and the Town of Fort Mill 150th Party scheduled to take place on Monday, July 3, 2023, 6 P.M. until 9:30 P.M. in Walter Elisha Park, 345 N. White Street WHEREAS, the Town Council has determined that the applicant has proposed and will take the necessary precautions protect public safety and minimize the impact of unreasonable noise to surrounding residences;  NOW THEREFORE BE IT RESOLVED, that the Mayor and Town Council for the Town of Fort Mill does hereby designate Walter Elisha Park, 345 N. White Street, on Monday, July 3, 2023, 6 P.M. until 9 P.M. as the site of a public festival in which alcoholic beverages may be sold, possessed and consumed. BE IT FURTHER RESOLVED, that the Mayor and Town Council further authorizes a special event permit for live music and sound amplifying equipment on Monday, July 3, 2023, 6 P.M. until 9:30 P.M., Walter Elisha Park, 345 N. White Street and to authorize Fireworks Display scheduled for 9:15 P.M. 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. Signed: ________________________________ Guynn Savage Mayor Witness: ________________________________ Virginia Burgess Town Clerk Town Council Meeting New Business Item Main Street Jams Resolution A resolution designating Main Street (Tom Hall Street to Academy Street) as the site of a public festival on Saturday, June 17, from 5PM-9PM and Saturday, September 16, 2023, from 1PM- 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. Pursuant to Sec. 24-30(b)(2) of the Code of Ordinances for the Town of Fort Mill, the council is asked to consider a request from Steve Tolson, co-owner of Amor Artis, to designate Main Street (Tom Hall Street to Academy Street), as the site of a public event at which alcoholic beverages may be sold, possessed, and consumed. This request would allow for an exception from the public consumption ordinance on Saturday, June 17 and Saturday, September 16, 2023. With Council’s approval, alcohol sales would be permitted between 5PM-9PM on June 17 and 1PM-9PM on September 16, 2023. Alcohol sales will be cut off 30 minutes before event concludes and employees will supervise doors to remind people that event on Main Street will end in 30 minutes. Jason Cloud/Hobo’s Restaurant and Steve Tolson/Amor Artis will be responsible for alcohol sales. The process of selling would be: ID checks, wrist bands, beer/wine tickets, and zero-tolerance enforcement managed by Hobos/Jason Cloud and Amor Artis/Steve Tolson. Pursuant to Sec. 24-34(c)(2)(l) of the Code of Ordinances for the Town of Fort Mill, the Council is also asked to consider a request to authorize a special event permit for live music and sound amplifying equipment on Saturday, June 17, from 5PM-9PM and Saturday, September 16, 2023, from 1PM-9PM. The town’s noise ordinance allows Council to grant permits to “responsible organizations to broadcast programs of music, speeches or general entertainment as a part and in recognition of a community celebration of national, state or town events, public festivals, or outstanding events of a noncommercial character, provided that traffic on the streets is not obstructed by reason thereof and adequate provisions will be made to minimize the disturbance to neighboring residential areas.” The Main Street Jam proposes to offer musical offerings from the stage set up at the foot of Main Street and before Academy Street. The stage will be situated in a manner to minimize the impact to neighboring residences. Staff will be available during the meeting to answer any questions that council may have regarding either of these items. Recommendation It is recommended that council approve the request. STATE OF SOUTH CAROLINA TOWN OF FORT MILL A RESOLUTION DESIGNATING MAIN STREET AS THE SITE OF A PUBLIC FESTIVAL AT WHICH ALCOHOLIC BEVERAGES MAY BE POSSESSED, SOLD AND CONSUMED, AND TO AUTHORIZE A SPECIAL EVENT PERMIT FOR LIVE MUSIC AND SOUND AMPLIFYING EQUIPMENT ON SATURDAY, JUNE 17 FROM 5PM-9PM AND SATURDAY, SEPTEMBER 16, 2023, FROM 1PM-9PM. WHEREAS, Sec. 24-30 of the Code of Ordinances of the Town of Fort Mill Sec. 24-30. Display, consumption of beer, wine, or other alcoholic beverages in public. It shall be unlawful to openly display or consume any beer or wine or other alcoholic beverage in or from any container on any public street or sidewalk, in any public parking areas, parks, recreation areas, or at any public gathering place excluding the following: i.Private businesses; ii.Any areas as designated and approved in a Special Event Permit issued by the Town of Fort Mill. a. This section is not intended to be in conflict with and will not be in conflict with any state laws regulating the consumption of sealed, licensed liquors. b. The application of this section shall in no way affect the enforcement or prosecution of violations of Section 24-26. - Breach of peace; disorderly conduct; obscenity; drunkenness; indecent or dangerous conduct, or any other Town Ordinances or State Law. c. Any person found to be guilty of violating the terms of this section shall, upon conviction be punished in accordance with Section 1-6. WHEREAS, Sec. 24-34(c)(2)(l) of the Code of Ordinances for the Town of Fort Mill generally prohibits loud, disturbing and unnecessary noise from sound amplifying devices; however, the council may grant a special event permit to responsible organizations to broadcast programs of music, speeches or general entertainment as a part and in recognition of a community celebration of national, state or town events, public festivals, or outstanding events of a noncommercial character, provided that traffic on the streets is not obstructed by reason thereof and adequate provisions will be made to minimize the disturbance to neighboring residential areas; and WHEREAS, the Main Street Jams scheduled to take place Saturday, June 17 from 5PM- 9PM and Saturday, September 16, 2023, from 1PM-9PM, on Main Street, Fort Mill from Tom Hall Street to Academy Street; and WHEREAS, the Town Council has determined that the applicant has proposed and will take the necessary precautions protect public safety and minimize the impact of unreasonable noise to surrounding residences; NOW THEREFORE BE IT RESOLVED, that the Mayor and Town Council for the Town of Fort Mill does hereby designate Main Street, Fort Mill from Tom Hall Street and Academy Street as the site of a public festival at which alcoholic beverage may be sold, possessed and consumed, on Saturday, June 17, from 5PM-9PM and Saturday, September 16, 2023, from 1PM-9PM. BE IT FURTHER RESOLVED that the Mayor and Town Council further authorizes a special event permit for live music and sound amplifying equipment on Main Street on Saturday, June 17, from 5PM-9PM and Saturday, September 16, 2023, from 1PM-9PM. 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. Signed: ________________________________ Guynn Savage Mayor Witness: ________________________________ Virginia Burgess Town Clerk