Town Council

Fort Mill Town Council Meeting Monday August 14, 2023 6:00 p.m. Council Chambers 112 Confederate Street Fort Mill, SC 29715 AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION MINUTES July 25, 2023, Town Council Meeting August 3, 2023, Special Called Meeting PUBLIC COMMENT Pursuant to Section 2-46 of the Code of Ordinances for the Town of Fort Mill, any citizen of the Town may appear before council for the purpose of providing public comments on any municipal matter (except personnel matters). Those who wish to speak must sign in outside of Council Chambers prior to the start of the meeting. Citizens will be given 3 minutes each to speak. PRESENTATIONS Presentation #1 Introduction of new HR Manager, Becky Link – Chris Pettit Presentation #2 Swearing in ceremony of Colin Okoye as Chief Municipal Judge – Mayor Savage Presentation #3 Employee of the Quarter, Mina McDonald – Chris Pettit Page 1|3  Presentation #4 Fort Mill Trail Master Plan - Kathryn Zeringue, McAdams Consulting Presentation #5 2023 August Events Presentation – Jacona Hester OLD BUSINESS There are no Old Business items. NEW BUSINESS New Business Item #1 A resolution to provide certification relating to the South Carolina Abandoned Buildings Revitalization Act of 2013 for properties currently or formerly known as 219 and 221 Main Street – Chris Pettit New Business Item #2 2023 Tribute Fest - A resolution designating Walter Elisha Park, 345 N. White Street, on Friday, August 18, 2023, 6 P.M. until 9 P.M. as the site of a public event in which alcoholic beverages may be sold, possessed, and consumed, and to authorize a special event permit for live music and sound amplifying equipment on Friday, August 18, 2023, 6 P.M. until 9 P.M. at Walter Elisha Park, 345 N. White Street. – 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. Executive Session Item #1 Discussion incident to proposed contractual matter between the Town of Fort Mill and Lennar Carolinas LLC. Executive Session Item #2 Receipt of legal advice relating to potential claims and ongoing legal matters. ADJOURN The following press was notified of the meeting by email or fax in accordance of the Freedom of Information Act: The Herald; CN2; WRHI, WSOC and WBTV. The agenda was also posted on the board outside of the entrance to Town Hall the required length of time and on the Town website. Page 2|3 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 Tuesday, July 25, 2023 6:00 p.m. Council Chambers 112 Confederate Street Fort Mill, SC 29715 PRESENT: Mayor Savage, Councilwoman Cook, Councilman Garrison, Councilman Hudgins and Councilman Moody were present. Councilman Wolfe and Councilman Helms were absent. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION Mayor Savage provided the invocation. MINUTES June 26, 2023, Town Council Minutes July 10, 2023, Town Council Minutes Councilwoman Cook made a MOTION to approve the minutes of the June 26, 2023 and July 10, 2023, Town Council minutes. SECONDED by Councilman Hudgins. Passed 5-0. PUBLIC COMMENT Pursuant to Section 2-46 of the Code of Ordinances for the Town of Fort Mill, any citizen of the Town may appear before council for the purpose of providing public comments on any municipal matter (except personnel matters). Those who wish to speak must sign in outside of Council Chambers prior to the start of the meeting. Citizens will be given 3 minutes each to speak. No one signed up for Public Comment. PRESENTATIONS Page 1|3  Presentation #1 Presentation of 2021 Audit Larry Finney, CPA with Greene Finney Cauley, LLP, went over the audit for FY 2021. OLD BUSINESS There were no Old Business items. NEW BUSINESS New Business Item #1 Consideration to award a contract to 1 Stop Lighting, Inc. for the York Southern Signalization Project in the amount of $213,758.92. Davy Broom explained to council that at the request of council, staff has gone through the design and procurement process for a new traffic signal at the intersection of York Southern Road, Old Nation Road, and Pasture Crossing (Springfield Town Center Phase II Entrance). Staff received two bids, with the lowest bid coming in at $213,758.92 to install the traffic signal (with signalized pedestrian crossings) and complete the necessary road striping associated with the installation of the signal. Upon entering a contract, it is estimated that work would begin within +/- 90 days and that work would be completed within 30 days of starting. Staff believes both the timeline and cost are competitive in today’s market. Staff is requesting Council’s approval to award the contract to the lowest bidder, 1 Stop Lighting, Inc., to move forward with this project. Mr. Broom also stated that the money for this project has already been budgeted with $500,000 being earmarked for road maintenance projects. Councilman Hudgins made a MOTION to award a contract to 1 Stop Lighting, Inc. for the York Southern Signalization Project in the amount of $213,758.92. SECONDED by Councilman Garrison. Passed 5-0. INFORMATION/DISCUSSION There were 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. Executive Session Item #1 Receipt of legal advice relating to potential claims and ongoing legal matters. Page 2|3  Executive Session Item #2 Discussion of negotiations incidental to proposed contractual matters with Crossroads Development Partners, LLC. Lisa Cook made a MOTION to go into Executive Session. SECONDED by Councilman Garrison. Passed 5-0. Councilman Hudgins left during Executive Session at 7:06 p.m. Councilman Moody made a MOTION to come out of Executive Session. SECONDED by Councilman Garrison. Passed 4-0. Mayor Savage stated that no votes or actions were made during Executive Session. Councilwoman Cook made a MOTION to execute the legal 5-year agreement with SCDOR as discussed during Executive Session. SECONDED by Councilman Garrison. Passed 4-0. ADJOURN Councilman Garrison made a MOTION to adjourn. SECONDED by Councilman Moody. Passed 4-0. Being no further business to conduct, the meeting adjourned at 7:33 p.m. The following press was notified of the meeting by email or fax in accordance of the Freedom of Information Act: The Herald; CN2; WRHI, WSOC and WBTV. The agenda was also posted on the board outside of the entrance to Town Hall the required length of time and on the Town website. Respectfully submitted: Virginia C. Burgess, CMC, CCC 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 3|3  Fort Mill Town Council Special Called Meeting Minutes Thursday, August 3, 2023 5:00 p.m. Council Chambers 112 Confederate Street Fort Mill, SC 29715 PRESENT: Mayor Savage, Councilman Moody, Councilman Wolfe, Councilman Helms, and Councilman Garrison. Councilwoman Cook arrived later in the meeting. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION EXCUTIVE 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 Discussions incident to personnel matters. Councilman Wolfe made a MOTION to go into Executive Session. SECONDED by Councilman Helms. Passed 5-0. Councilwoman Cook joined the meeting. Councilman Wolfe made a MOTION to return from Executive Session. SECONDED by Councilman Moody. Passed 6-0. ADJOURN Councilman Garrison made a MOTION to adjourn. SECONDED by Councilman Helms. Passed 6-0. Being no more business to conduct, the meeting adjourned at 7:19 p.m. Page 1|2 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 Approved by Council: The Town of Fort Mill is committed to assuring accessibility with reasonable accommodation, of Town services and facilities for all individuals, in compliance with federal law. Please contact the Town Manager’s Office at 803-547-2116 if you need assistance. Page 2|2  Oath of Office Chief Municipal Judge I, Colin Okoye, do solemnly swear that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge those duties and will preserve, protect and defend the Constitution of this state and of the United States. As Chief Municipal Judge of the Town of Fort Mill, I pledge to uphold the integrity and independence of the judiciary; I pledge, in the discharge of my duties, to treat all persons who enter the courtroom with civility, fairness, and respect; I pledge to listen courteously, sit impartially, act promptly, and rule after careful and considerate deliberation; I pledge to seek justice, and justice alone; So help me God. ______________________ Colin C. C. Okoye Oath administered by: _______________________ Mayor Guynn Savage WITNESS: On this 14th day of August 2023 _________________________________ Virginia C. Burgess, Municipal Clerk *Appointed for 2-year term ending August 2025 Town of Fort Mill Trail Master Plan A year ago, we hired McAdams to be the Town’s consultant to develop the Fort Mill Trail Master Plan. The Fort Mill Trail Master Plan is community-led initiative that proposes a comprehensive trail network based on input from residents, visitors, key area stakeholders, Town staff, and the Parks and Recreation Subcommittee. At this time, I would like to recognize the stakeholders committee for volunteering their time to serve on this committee for a year. They include Town of Fort Mill Mayor Guynn Savage; Fort Mill School District, Joe Romenick; Fort Mill Economic Partners and DOMTAR, Jan Martin; Anne Springs Close Greenway, John Gordon, Carolina Thread Trail, Bret Baronak, and Town of Fort Mill Chairman of Planning Commission, James Traynor. Also, I would like to thank the Parks and Recreation Subcommittee members: Mayor Guynn Savage, Councilman Chris Wolfe, and Councilman Allen Garrison for their time to attend the meeting on January 24, 2023, and provide their expertise to the committee. We also like to thank Brown Simpson, Fort Mill Parks and Recreation Director for contributing his time to this meeting too. We would also like to Thank the FM community for taking the time to complete our surveys in the fall of 2022 and attending our Public Meeting on February 8, 2023. We had over 100 people attend the Public Meeting and our consultants received excellent feedback on what the citizens of Fort Mill wanted to include with the Master Plan for Trails. Overall, the Town of Fort Mill should be proud of the community engagement we received from our residents. McAdams was very impressed with the number of individuals that were able to come out to our public meeting. Today, we have Kathryn Zeringue from McAdams who will present the final Master Plan for Trails for the Town of Fort Mill. Keep in mind the below objectives which we stated before we began this opportunity to create a Master Plan for Trails. Objective: • To establish a vision for the future of trails within the Town of Fort Mill (long range) • To develop an implementation plan that puts us on the path toward reality on realizing the vision (long range, short range) • To study up to two corridors more intensely for construction feasibility and design for short term construction consideration (short range) The next step from this presentation is for Town Council to give staff feedback on how they would like for us to begin the process of adopting this plan as an amendment to our Comprehensive Plan. The meeting on August 14, 2023 will provide the opportunity for discussion and feedback. We look forward to the future of establishing more user-friendly trails for the Town of Fort Mill. Thank you!  Meeting Information Meeting Type Council Meeting Meeting Date Monday, August 14, 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 August Events Presentation 2. Resolution for: Tribute Fest-Friday, August 18, 2023 Background Information Background 1. 2023 August Events Presentation-Tribute Fest, Scarecrow Crawl Registration Begins 2. Resolution for: Tribute Fest-Friday, August 18, 2023 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 August Events Presentation-Council Meeting 8-14-23 2. Resolution- Tribute Fest-Friday, August 18, 2023 August Events Tribute Fest Friday-August 18, 2023 Fort Mill Amphitheater Walter Elisha Park 345 N. White St. 6PM-9PM Greggie & The Jets- Elton John Tribute Band 6PM-7PM On The Border- Eagles Tribute Band 7:30PM-9PM Food Trucks Chanchos Tacos Popcorn Heaven Beer & Wine King of Fire Provided by: Charlie B's Seafood Amor Artis & Hobos JamRock Jerk Spot Illumination Wines Fort Mill History Museum-ID Checks & Wristbands Kona Ice Sweetdawg Lemonade Prices: Happy Treats Beer- Domestic $6 Say Cheez 518 Craft $7 Wine $8 Gizmo's Grill Spoons Off Da Hook Cash & Cards are accepted for beer & wine. Salute Chew Hobb's Nuts Food Trucks: some take cash and card, some take only cash or only card so it’s best to bring both. Site Map Road Closure -Ardrey Street -Closed from N. White to just before Amphitheater Parking Lot -Vendors Only Entrance/Exit on Ardrey Street -3:30PM-9:30PM Parking • Veterans Park, 106 N. White Street • Calhoun Street Park, 203 Calhoun Street • Looms Way • Handicapped-Amphitheater Lot *No parking along any roads around the park, you will be towed! 1. CHAIRS OR BLANKETS 2. NO COOLERS 3. NO OUTSIDE FOOD-we have many food vendors to choose from! 4. NO OUTSIDE DRINKS OR ALCOHOL (But water bottles or cups are allowed during this heat!) 5. NO GOLF CARTS-must park in designated parking areas 6. NO BICYCLES 7. NO PETS-only Service Animals Allowed 8. NO SMOKING/VAPING 9. NO PROFANITY 10. NO FIREARMS/WEAPONS Resolution Seeking a resolution designating Walter Elisha Park, 345 N. White Street, on Friday, August 18, 2023, 6 P.M. until 9 P.M. as the site of a public event in which alcoholic beverages may be sold, possessed, and consumed, and to authorize a special event permit for live music and sound amplifying equipment for Friday, August 18, 2023, 6 P.M. until 9 P.M. at Walter Elisha Park, 345 N. White Street. Details are in the Resolution. REGISTRATION FOR THE 9TH ANNUAL FORT MILL SCARECROW CRAWL BEGINS AUGUST 21! IMPORTANT DATES Scarecrow Install Week: September 28 - October 5, 2023 Scarecrow Crawl: October 6-31, 2023 Scarecrow Voting by Judges: Week of October 9, 2023 Scarecrow Voting on Facebook by Public: October 6-27, 2023 Scarecrow Winners Announced: October 30, 2023 on Town of Fort Mill Social Media Scarecrow Removal: November 1- 2, 2023 Registration Forms & Sponsor Applications will be available on this date!  Town of Fort Mill Website Follow www.FortMillSC.gov Town of Fort Mill Follow us on Facebook: on social media Town of Fort Mill to keep updated Instagram: @town_of_fort_mill on information! Twitter: @townoffortmill  Meeting Information Meeting Type Town Council Meeting Date August 14, 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 To Provide Certification as provided by the South Carolina Abandoned Buildings Revitalization Act of 2013 (S.C. Code Section 12-67-100 et seq., as amended, regarding property located at 219 Main Street, York County TMS # 020-02-01-008 and 221 Main Street, York County TMS # 020-02-01-009 (both now combined as one parcel number - TMS # 020-02-01-009) Background Information Request Summary Council is asked to consider approval of the attached resolution that would provide Kuester Commercial the ability to apply to the South Carolina Department of Revenue for income tax credits as authorized by the South Carolina Abandoned Buildings Revitalization Act of 2013 for their rehabilitation work for the property currently or formerly known as 219 and 221 Main Street. The resolution provides the Department of Revenue with a certification from the local government that portions of the building were vacant/abandoned (as defined by the state law) for the purpose of determining eligibility for the income tax credits. The resolution was written by an attorney working on behalf of the Town in conjunction with attorneys representing Kuester Commercial. Our attorney working on behalf of the Town has reviewed the request and believes the request to be proper and legal for Council to consider. If Council approves the resolution, Kuester Commercial can proceed with their application to the South Carolina Department of Revenue for income tax credits. If Council does not approve the resolution, Kuester Commercial cannot proceed with their application. In either scenario, no local tax dollars would be impacted (property tax, etc.). The only tax dollars impacted would be state income tax dollars.  Alternatives 1. Approve the resolution 2. Do no approve the resolution Staff Contact Name & Title Chris Pettit, Interim Town Manager Department Administration Date of Request August 14, 2023 Attachments • Draft Resolution  RESOLUTION NO.: 2023-_____ To Provide Certification as provided by the South Carolina Abandoned Buildings Revitalization Act of 2013 (S.C. Code Section 12-67-100 et seq., as amended, regarding property located at 219 Main Street, York County TMS # 020-02-01-008 and 221 Main Street, York County TMS # 020-02-01-009 (both now combined as one parcel number - TMS # 020-02-01-009) WHEREAS, the South Carolina Abandoned Buildings Revitalization Act of 2013 (the “Act”) was enacted in Title 12, Chapter 67 of the South Carolina Code of Laws to create an incentive for the rehabilitation, renovation and redevelopment of abandoned buildings located in South Carolina; and WHEREAS, the Act provides that restoration of abandoned buildings into productive assets for the communities in which they are located serves a public and corporate purpose and results in job opportunities; and WHEREAS, Section 12-67-120 of the Act provides the following definitions (in pertinent part): (1) “Abandoned Building” means a building or structure, which clearly may be delineated from other buildings or structures, at least sixty-six percent of the space in which has been closed continuously to business or otherwise nonoperational for income producing purposes for a period of at least five years immediately preceding the date on which the taxpayer files a “Notice of Intent to Rehabilitate”. For purposes of this item, a building or structure that otherwise qualified as an “abandoned building” may be subdivided into separate units or parcels, which units or parcels may be owned by the same taxpayer or different taxpayers, and each unit or parcel is deemed to be an abandoned building site for purposes of determining whether each subdivided parcel is considered to be abandoned. (2) “Building Site” means the abandoned building together with the parcel of land upon which it is located and other improvements located on the parcel. However, the area of the building site is limited to the land upon which the abandoned building is located and the land immediately surrounding such building used for parking and other similar purposes directly related to the building’s income producing use; and, WHEREAS, Section 12-67-140 of the Act provides that a taxpayer who rehabilitates an abandoned building is eligible either for a credit against certain income taxes, license fees or premium taxes, or a credit against local real property taxes; and, WHEREAS, 219-221 Main Street, LLC (the “Taxpayer”) is the owner and developer of certain real property located at 219 Main Street, Fort Mill, South Carolina, which property is further identified on York County Tax Maps as TMS# 020-02-01-008, and 221 Main Street, Fort Mill, South Carolina, which property is further identified on York County Tax Maps as TMS# 020-02-01-009 (together, the “Property”); and 00165317.1  WHEREAS, the Taxpayer plans to develop the Property into separate commercial spaces and has therefore designated the second floor of the existing approximately 3,375 square foot building located on the real property located at 219 Main Street and the second floor of the existing approximately 5,197 square foot building located on the real property located at 221 Main Street as a separate abandoned building site (the “Building Site”); and WHEREAS, on November 7, 2022, the Taxpayer filed a Notice of Intent to Rehabilitate the Building Site with the South Carolina Department of Revenue; and WHEREAS, the Property is located within the city limits of the City of Fort Mill, South Carolina; and WHEREAS, the Taxpayer has requested that the City, by way of binding resolution, pursuant to Section 12-67-160(A) of the Act and applicable guidance provided under South Carolina Revenue Ruling(s), certify that of the Building Site is an eligible abandoned building site as defined by Section 12-67-120. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF FORT MILL, SOUTH CAROLINA, this ___ day of ____, 2023, as follows: Section 1. The Taxpayer has submitted to the City a request for a binding resolution to certify that of the Building Site is abandoned pursuant to Section 12-67-160 of the Act (the “Request to Certify”). Section 2. The City has reviewed the Request to Certify, conferred with the Taxpayer, and conducted its own review of its records concerning the Property. Section 3. The City hereby certifies that as of November 7, 2022, (i) the Building Site is an abandoned building as defined in Section 12-67-120(1) of the Act; and (ii) that the geographic area of the Building Site is consistent with Section 12-67-120(2) of the Act. Section 4. This Resolution provides no tax relief whatsoever and the City expresses no opinion regarding the availability of the same to the Taxpayer beyond the certification contained herein. Further, Taxpayer will use this certification for the purposes of applying for income tax relief only. RESOLVED this _____ day of________________, 2023 in City Council Chambers. ________________________________ [__________] Mayor ATTEST: __________________________________ [___________] Clerk of Council 00165317.1 New Business Item 2023 Tribute Fest A resolution designating Walter Elisha Park, 345 N. White Street, on Friday, August 18, 2023, 6 P.M. until 9 P.M. as the site of a public event in which alcoholic beverages may be sold, possessed, and consumed, and to authorize a special event permit for live music and sound amplifying equipment on Friday, August 18, 2023, 6 P.M. until 9 P.M. at Walter Elisha Park, 345 N. White Street. 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, at Walter Elisha Park, 345 N. White Street, on Friday, August 18, 2023, 6 P.M. until 9 P.M. as the site of a public event in which alcoholic beverages may be sold, possessed, and consumed. This request would allow for an exception from the public consumption ordinance on Friday, August 18, 2023. With Council’s approval, alcohol sales would be permitted between 6 P.M. until 9 P.M. on Friday, August 18, 2023. Alcohol Sales will be managed by Amor Artis, Hobo’s and Illumination Wines of Fort Mill. Fort Mill History Museum volunteers staff the ID Tent for ID checks, wristbands and sales for the event. 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 Friday, August 18, 2023, 6 P.M. until 9 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 FRIDAY, AUGUST 18, 2023, 6 P.M. UNTIL 9 P.M. AS THE SITE OF A PUBLIC EVENT IN WHICH ALCOHOLIC BEVERAGES MAY BE SOLD, POSSESSED, AND CONSUMED, AND TO AUTHORIZE A SPECIAL EVENT PERMIT FOR LIVE MUSIC AND SOUND AMPLIFYING EQUIPMENT FOR FRIDAY, AUGUST 18, 2023, 6 P.M. UNTIL 9 P.M. AT WALTER ELISHA PARK, 345 N. WHITE STREET. 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 2023 Tribute Fest scheduled to take place on Friday, August 18, 2023, 6 P.M. until 9 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 to protect public safety and minimize the impact of unreasonable noise to surrounding residences; NOW THEREFORE BE IT RESOLVED, that the Mayor and Town Council for the Town of Fort Mill does hereby designate Walter Elisha Park, 345 N. White Street, on Friday, August 18, 2023, 6 P.M. until 9 P.M. as the site of a public event 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 Friday, August 18, 2023, 6 P.M. until 9 P.M., at Walter Elisha Park, 345 N. White Street. 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