Town Council

Fort Mill Town Council Meeting Monday August 12, 2024 6:00 p.m. Council Chambers 112 Confederate Street Fort Mill, SC 29715 AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION MINUTES July 1, 2024, Council Budget Workshop July 8, 2024, Council Meeting PUBLIC COMMENT Pursuant to Section 2-46 of the Code of Ordinances for the Town of Fort Mill, any citizen of the Town may appear before council for the purpose of providing public comments on any municipal matter (except personnel matters). Those who wish to speak must sign in outside of Council Chambers prior to the start of the meeting. Citizens will be given 3 minutes each to speak. PRESENTATIONS Presentation #1 • Presentation by Stormwater Interns: “What we learned this summer.” • Stormwater Community Engagement Presentation – Mina McDonald Presentation #2 Swearing in of Associate Judge Christopher Mignacca – Judge Okoye Presentation #3 Employee of the Quarter – Cary Vargo Page 1|2  Presentation #4 Tribute Fest Event – Jacona Hester OLD BUSINESS Old Business Item #1 Second Reading: An ordinance annexing York County Tax Map Number(s) 738-00-00-063 and a portion of 738-00-00-062 containing approximately 5.25 +/- acres located at the intersection of Fort Mill Parkway and Holbrook Road. (Councilman Chris Moody Ward 4) – Penelope Karagounis Old Business Item #2 Second Reading: An ordinance to add parking standards for ambulatory surgical facilities and other matters relating thereto. – Penelope Karagounis NEW BUSINESS ITEMS New Business Item #1 2024 Tribute Fest - A resolution designating Walter Elisha Park, 345 N. White Street, on Saturday, August 17, 2024, 5 P.M. until 8 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 Saturday, August 17, 2024, 5 P.M. until 8 P.M. at Walter Elisha Park, 345 N. White Street. – Jacona Hester New Business Item #2 Auditing services contract award. – Eric Davis INFORMATION/DISCUSSION There are no Information/Discussion items. EXECUTIVE SESSION Please Note: Council may take action on Executive Session Items listed on the agenda when they come back into Public Session. Executive Session Item #1 Discussions incident to proposed contractual arrangements with the Fort Mill History Museum. 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, Queen City News and WBTV. The agenda was also posted on the board outside of the entrance to Town Hall the required length of time and on the Town website. The Town of Fort Mill is committed to assuring accessibility with reasonable accommodation, of Town services and facilities for all individuals, in compliance with federal law. Please contact the Town Manager’s Office at 803-547-2116 if you need assistance. Page 2|2  Fort Mill Town Council Budget Workshop Minutes Monday July 1, 2024 6:00 p.m. Town Hall Conference Room 200 Tom Hall Street Fort Mill, SC 29715 PRESENT: Mayor Savage, Councilwoman Cook, Councilman Wolfe, Councilman Moody, Councilman Garrison, Councilman Helms and Councilman Hudgins were present. CALL TO ORDER INFORMATION/DISCUSSION Information/Discussion Item #1 Budget discussions. Council was given presentations from Utilities, Events and the Fire Department staff regarding budgetary needs. ADJOURN Councilwoman Cook made a MOTION to adjourn. SECONDED by Councilman Garrison. Passed 7-0. Being no more business to conduct, the meeting adjourned at 9:41 p.m. The following press was notified of the meeting by email or fax in accordance with the Freedom of Information Act: The Herald; CN2; WRHI, WSOC, Queen City News 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 1|1  Fort Mill Town Council Meeting Minutes Monday July 8, 2024 6:00 p.m. Council Chambers 112 Confederate Street Fort Mill, SC 29715 PRESENT: Mayor Pro Tem Helms, Councilman Wolfe, Councilman Garrison, Councilman Hudgins, Councilwoman Cook and Councilman Moody were present. Mayor Savage was absent. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION Councilman Moody provided the invocation. MINUTES Minutes of the June 6, 2024, Special Called Meeting. Minutes of the June 13, 2024, Special Called Meeting. Minutes of the June 17, 2024, CIP Workshop Minutes of the June 24, 2024, Town Council Meeting. Councilman Wolfe asked to change his status from absent to present on the June 13, 2024 minutes. Councilman Wolfe made a MOTION to approve the minutes of the June 6, 2024, June 13, 2024, June 17, 2024, and June 24, 2024, council meetings. SECONDED by Councilman Hudgins. 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 Page 1|4  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. One person signed up to speak during Public Comment: Toni Cordell, spoke about her positive experience with the Police Department. PRESENTATIONS There were no Presentations. OLD BUSINESS Old Business Item #1 First Reading: An ordinance to authorize staff to enter into a lease agreement with CELLCO PARTNERSHIP d/b/a Verizon Wireless for the purpose of collocated equipment atop the Town’s water tank off Doby Bridge Road. Councilman Moody recused himself from voting on this item. Councilman Wolfe made a MOTION to deny First Reading on an ordinance to authorize staff to enter into a lease agreement with CELLCO PARTNERSHIP d/b/a Verizon Wireless for the purpose of collocated equipment atop the Town’s water tank off Doby Bridge Road. SECONDED by Councilman Garrison. Passed 6-0. Old Business Item #2 First Reading: An ordinance to add parking standards for ambulatory surgical facilities and other matters relating thereto. Councilman Garrison made a MOTION to approve First Reading of an ordinance to add parking standards for ambulatory surgical facilities and other matters relating thereto. SECONDED by Councilman Moody. Passed 4-2. Councilman Hudgins and Councilwoman Cook opposed. Old Business Item #3 First Reading: An ordinance annexing York County Tax Map Number(s) 738-00-00-063 and a portion of 738-00-00-062 containing approximately 5.25 +/- acres located at the intersection of Fort Mill Parkway and Holbrook Road. Councilman Hudgins made a MOTION to approve an ordinance annexing York County Tax Map Number(s) 738-00-00-063 and a portion of 738-00-00-062 containing approximately 5.25 +/- acres located at the intersection of Fort Mill Parkway and Holbrook Road. SECONDED by Councilman Moody. Passed 4-2. Councilman Wolfe and Councilwoman Cook opposed. NEW BUSINESS ITEMS New Business Item #1 First Reading: An ordinance amending budget for the Town of Fort Mill, South Carolina for the fiscal year beginning October 1, 2023, and ending September 30, 2024. Amendment # 24-3. Page 2|4  Mr. Davis stated that Budget Amendment 24-03 is for an amount of $350,000 for the purpose of making improvements to Town owned property at 123 N. White Street (Pike Building). These improvements will be funded by recognized increases in investment income for the Town. This budget amendment will help facilitate needed general repairs and maintenance to the building, specifically the roof, electrical systems, fire alarm systems, caulking, and minor masonry work. Councilwoman Cook recused herself from voting on this item. Councilman Moody made a MOTION to approve First Reading of an ordinance amending budget for the Town of Fort Mill, South Carolina for the fiscal year beginning October 1, 2023, and ending September 30, 2024. Amendment # 24-3. SECONDED by Councilman Wolfe. Passed 5-0. COMMITTEE REPORTS Committee Report #1 A report from the Ad Hoc Appointments Committee - Councilman Helms **Meeting to be held at 5:45 PM prior to the Council meeting for the purpose of discussing applicants to recommend for the associate municipal judge vacancy. Councilman Hudgins made a MOTION to approve the Ad Hoc Appointments Committee’s recommendation to appoint Christopher Mignacca, as Associate Municipal Judge. SECONDED by Councilman Wolfe. Passed 6-0. INFORMATION/DISCUSSION There were no Information/Discussion items. EXECUTIVE SESSION Please Note: Council may take action on Executive Session Items listed on the agenda when they come back into Public Session. There were no Executive Session Items. ADJOURN Councilwoman Cook made a MOTION to adjourn. SECONDED by Councilman Garrison. Passed 6-0. Being no more business to conduct, the meeting adjourned at 7:11 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, Queen City News 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 3|4 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 TRIBUTE FEST Tribute Fest Saturday, August 17, 2024 Fort Mill Amphitheater Walter Elisha Park 345 N. White St. 5PM-8PM VEGAS MCGRAW Tim McGraw Tribute Show 5PM-6:15PM Presenting a powerful show that thrills and captivates audiences everywhere. This Tim McGraw tribute performed by Nashville recording artist and Las Vegas Entertainer Adam D. Tucker accurately recreates the music and mystique of country music ICON Tim McGraw. Adam recently WON episode 3 on the new hit TV show executive produced by Jimmy Fallon Called Clash of The Cover Bands! He and his talented crew have opened up for 42 National Acts all over the United States, including: Taylor Swift, Trace Adkins, Jason Aldean, Charlie Daniels, Blake Shelton, Josh Turner, Luke Bryan, Eric Church, Tracy Lawrence etc. COOPER LEDFORD And you don't want to miss Cooper Ledford, Catawba Ridge High School Graduate and aspiring Country Artist! He will perform 6:15PM-6:45PM. Cooper grew up singing and loving music, especially country music. When he was 11 years old, he wrote his first song and has been doing so ever since. He recorded his first ever song in June called “Ain’t Your Story to Write” which will be coming out August 9, 2024. Cooper's idols such as George Strait, Keith Whitley, and Travis Tritt have helped to shape his style, which he would describe as a modernized 90s country sound. 6:15PM-6:45PM THE ULTIMATE GARTH BROOKS TRIBUTE BAND 6:45PM-8PM THE ULTIMATE GARTH BROOKS TRIBUTE featuring Shawn Gerhard is a high energy show based in Nashville, TN and features unparalleled showmanship, top level musicianship, and promises guaranteed excitement for all ages. When not touring, Shawn Gerhard worked in residence with LEGENDS IN CONCERT in Las Vegas as their ‘go-to’ Garth Brooks. THE ULTIMATE GARTH BROOKS TRIBUTE featuring Shawn Gerhard is one of the longest continually performing Garth Brooks tribute acts in the world. Food Trucks 5th Sin Ice Cream/Snocones/Snacks Say Cheez 518 S & K Funnel Cakes JamRock Jerk Spot Kona Ice Salute Chew Gnam Gnam Gelato Chanchos Tacos DonutNV Rock Hill, SC Potbelly BBQ Pelicans Snoballs KO Food Truck Hobb’s Nuts King of Fire That Won Truck Drink Vendors Gizmo's Grill Sweetdawg Lemonade My Sausage Buddy Boba Time Boba Baltimore Crab Co. Palmetto Pony Nacho Business Food Trucks: some take cash and card, some take only cash or only card so it’s best to bring both. Beer & Wine Provided by: Hobos Illumination Wines Fort Mill History Museum-ID Checks & Wristbands & Tickets Prices: Beer- Domestic $6 Craft $8 Wine $9 Cash & Cards are accepted for beer & wine. Site Map Road Closure -Ardrey Street -Closed from N. White to just before Amphitheater Parking Lot -Vendors Only Entrance/Exit on Ardrey Street -2PM-8:30PM  Parking Veterans Park, 106 N. White St. Calhoun Street Park, 203 Calhoun St. Looms Way Handicapped Behind Amphitheater *No parking along any roads around 205 N. White St. the park, you will be towed! EVENT RULES BRING A CHAIR OR BLANKET! Resolution Seeking a resolution designating Walter Elisha Park, 345 N. White Street, on Saturday, August 17, 2024, 5 P.M. until 8 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 Saturday, August 17, 2024, 5 P.M. until 8 P.M. at Walter Elisha Park, 345 N. White Street. Details are in the Resolution.  Follow www.FortMillSC.gov/TownEvents Town of Fort Mill Town of Fort Mill on social media to keep updated on @town_of_fort_mill information! @townoffortmill  Meeting Information Meeting Type Town Council Meeting Date August 12, 2024 Request Summary X Action (Old Bus.) Action (New Bus.) Info/Discussion Request Type Public Hearing Executive Session Other Case Summary X Annexation Rezoning Text Amendment Case Type Subdivision Plat Appearance Review Other Property Information Applicant Ashok Patel Property Owner Charles A. Wilson Property Location Intersection of Fort Mill Parkway and Holbrook Road Tax Map Currently or formerly known as 738-00-00-063 and a portion of 738-00-00- Number(s) 062 Acreage 5.25 +/- acres Current Zoning RMX-10 (York County) Proposed Zoning HC, Highway Commercial Existing Use Residential Title An ordinance annexing York County Tax Map Number(s) 738-00-00-063 and a portion of 738-00-00- 062 containing approximately 5.25 +/- acres located at the intersection of Fort Mill Parkway and Holbrook Road. Background Information Site The Town has received an annexation petition for York County Tax Map Characteristics Number(s) 738-00-00-063 and a portion of 738-00-00-062. The subject property consists of 5.25 +/- acres and is located at the intersection of Fort Mill Parkway and Holbrook Road. Neighboring Direction Zoning Existing Use Uses North RMX-10 Single-Family Residential – York County South HC Service & Commercial - Fort Mill  East RMX-10 Single-Family Residential/Undeveloped – York County West HC Single-Family Residential/Undeveloped – Fort Mill Zoning The York County Residential Mixed 10 District (RMX-10) is intended to provide for Summary a diversity of housing types at variable, moderate densities based on residential land use, on lots generally with a minimum area of 10,000 square feet. This zoning district is applied principally to undeveloped parcels where housing type and density flexibility will complement existing residential neighborhoods, and where public water and sewer is readily available. The applicant has requested a zoning designation of Highway Commercial (HC) upon annexation into the Town of Fort Mill. It is the intent that parcels within the HC zoning district be developed and reserved primarily as a retail service and commercial area, serving surrounding neighborhoods and larger community or citywide clientele with a wide range of commercial services, including retail, offices and business support services located in areas which are well served by collector and arterial street facilities as well as pedestrian access facilities where appropriate. It should be noted that upon successful annexation, the entirety of the property under consideration will be located within the COD-N, Corridor Overlay District. Thus, future development on these parcels shall conform to the COD-N standards as enumerated within the Town of Fort Mill Zoning Ordinance. Applicant The applicant is proposing an 8,760 square feet strip retail plaza; 7,200 square Proposal feet high turn-over sit down restaurant; and a 7,500 square feet restaurant with drive through. Comprehensive The subject property is located within an area that has been designated as Plan “Mixed- Use - Neighborhood” on the Town of Fort Mill’s Future Land Use Map. The purpose of this land use category is to offer residents the ability to live, shop, work, and play in one community. These neighborhoods include a mixture of housing types and residential densities integrated with goods and services in a walkable community that residents visit daily. The design and scale of the development encourages active living through a comprehensive and interconnected network of walkable streets. Mixed-Use-Neighborhood supports multiple modes of transportation. Traffic Impact Article I, Section 8 of the Town of Fort Mill Zoning Ordinance mandates that the Town shall determine the need for a TIA upon receipt of any development application accompanied by a sketch or schematic plan. Types of development could include, but are not limited to, multi-family developments, single-family developments, commercial developments, mixed-use projects, rezonings, or annexation requests. Thus, the Town of Fort Mill’s consulting traffic engineering firm, Kimley Horn, was retained to perform a trip generation analysis and site access review based on the site plan prepared and provided by Ashok Patel and dated June 2023. SCDOT requires that a traffic impact analysis be conducted for any site that is expected to generate 100 or more peak hour trips. The Town of Fort Mill ordinance requires that a TIA be conducted for any site that is expected to generate 400 daily trips or 100 peak hour trips. The trip generation analysis that was performed indicated that the proposed development to include an 8,760 square foot strip retail plaza, 7,200 square foot high turnover sit down restaurant, and 7,500 square foot fast food restaurant with a drive thru would be expected to generate 4,755 daily trips and 371 PM peak hour trips. Therefore, a TIA was warranted. A transportation mitigation agreement is drafted and has been signed by Ashok Patel and the Town of Fort Mill. Fire Impact The property is located approximately 0.8 mile (2 Minutes) ordinary driving distance from Fort Mill Fire Station No. 2 on Fort Mill Parkway. Utility Impact The applicant would be required to work with the Town of Fort Mill Utilities Department to determine all improvements necessary to serve the property. Nothing in this report shall be deemed a guarantee that water and/or sewer service/capacity will be available at the time of development. School Impact The applicant’s request would not provide any additional impact to the Fort Mill School District. Projects At 1918 N. Dobys Bridge Road a proposed commercial development is being Planned/Under proposed. The property is zoned Highway Commercial and the applicant Vivid Construction in Realty, LLC has completed a TIA and a TMA was signed with the Town and the Proximity to applicant. Ashok Patel is part of Vivid Realty, LLC. The TIA was based on a site the Subject plan provided by the developer, the proposed development is currently Property envisioned to include of the following land uses and intensities: 3,600 square foot  dental office; 9,600 square foot shopping center; 7,200 square foot restaurant; and 2,500 square foot fast-food with drive through. Keep in mind these uses have not been submitted for review or are committed uses for this development. However, these are the uses the developer would like to attract to their commercial development site based on the approved TIA. Across the street on N. Dobys Road and Fort Mill Parkway, the proposed Harris Teeter site also know as Catawba Ridge Market (shopping center development). This site is in the process of completing an updated TIA for SCDOT. We anticipate the TIA to be submitted to Town at the end of January, where then the applicant, SCDOT, County, and Town has 30 business days to respond to the TIA. The new TIA scoping document including the latest land uses: Animal Hospital/Vet Clinic – Outlot 8 (Ped Boarding) – 10,000 Square Feet Strip Retail Plaza – Main Area (17.7k Small Retail + Outlot 7 (2k Small Retail) Supermarket (HT)—61,000 Square Feet Strip Retail Plaza (Outlot 1-Small Retail 7,000 Square Feet) Fast Food Restaurant with Drive-Thru window – Outlot 2 – 4,592 Square Feet Fast Food Restaurant with Drive-Thru window – Outlot 3 – 4,600 Square Feet Convenience Store/Gas Station- HT Fuel – Outlot 4 High Turnover Sit Down Restaurant – Outlot 5 -4,000 Square Feet Drive-In Bank -Outlot 6 – 1,900 Square Feet *Note: These are uses envisioned for the Catawba Ridge Market. No Use has been approved at this time from the Town of Fort Mill. Discussion The property is contiguous to the town limits and is, therefore, eligible for annexation. PC Meeting: The Town of Fort Mill Planning Commission met on Tuesday, September 19, 2023, September 19, and made a recommendation to approve the annexation request by a vote of 4- 2023 2. One Planning Commission member was absent. Town Council On October 9, 2023, the Town Council held the public hearing for the annexation Meeting: request. There was a motion made to defer the first reading until Monday, October 9, November 27, 2023, by a vote of 6-0. The mayor was absent, and the board 2023 decided to defer the first reading until then. The only two people who signed up for the public hearing was Ashok Patel (applicant) and Michael Newman (engineer for the project). Town Council The Town Council met on November 27, 2023, and first reading annexation Meeting: request was deferred to the Monday, January 8, 2024, Town Council meeting by November 27, a vote of 7-0. 2023 Town Council The Town Council met on January 8, 2024, and the first reading annexation Meeting: request was deferred to the Monday, April 8, 2024, Town Council Meeting by a January 8, 2024 vote of 6-0. Town Council The applicant would like to request for the first reading to be deferred to the Meeting: April Monday, July 8, 2024, Town Council meeting. Staff is waiting on the completion 8, 2024 and approval of the new Harris Teeter TIA. Therefore, staff has recommended the annexation request to be deferred until July 8, 2024 and the applicant has agreed with staff’s recommendation. Town Council The Transportation Mitigation Agreement for the Holbrook Commercial Meeting: July Development has been completed and signed. Therefore, first reading was heard 8, 2024 on July 8, 2024, and first reading was approved 4-2. The mayor was absent and Town Council members Chris Wolfe and Lisa Cook voted against the annexation request. Alternatives 1. Approve the second reading of the annexation ordinance with a zoning designation of HC 2. Approve the second reading of the annexation ordinance with an alternate zoning designation 3. Deny the second reading of the annexation request. Agenda Action Item Agenda Action Item Review of annexation request with proposed HC zoning designation Name & Title Penelope Karagounis, Planning Director Department Planning Department Date of Request August 15th, 2023 Legislative History Planning Commission 9/19/23: Recommended Approved 4-2 First Reading 07/08/2024: Approved 4-2 Public Hearing 10/09/2023: Held Second Reading 08/12/2024: Scheduled Effective Date Upon adoption Attachments • Annexation Application • Aerial Image • Zoning Map • Draft Ordinance • TMA Aerial Image Zoning Map  STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2024-___ AN ORDINANCE ANNEXING THE PROPERTY CURRENTLY OR FORMELY KNOWN AS YORK COUNTY TAX MAP NUMBER(S) 738-00-00-063 and a portion of 738-00-00-062 CONTAINING APPROXIMATELY 5.25 +/- ACRES LOCATED AT THE INTERSECTION OF FORT MILL PARKWAY AND HOLBROOK ROAD. WHEREAS, a proper petition was submitted to the Fort Mill Town Council on August 15, 2023, by Ashok Patel, requesting the property currently or formerly known as York County Tax Map Number(S) 738-00-00-063 and a portion of 738-00-00-062 be annexed to and included within the corporate limits of the Town of Fort Mill under the provisions of S.C. Code Section 5-3-150(3); and WHEREAS, the Planning Commission of the Town of Fort Mill, in a duly called meeting on September 19, 2023, reviewed the request and forwarded their recommendation to Town Council; and WHEREAS, a public hearing was advertised and held on October 9, 2023, during a duly called regular meeting of the Town Council of the Town of Fort Mill; and WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South Carolina, as amended, provides that any area or property which is contiguous to a municipality may be annexed to the municipality by filing with the municipal governing body a petition signed by all persons owning real estate in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the municipality, the annexation is complete; and WHEREAS, using the definition of “contiguous” as outlined in S.C. Code Section 5-3-305, the Town Council has determined that the above referenced property is contiguous to property that was previously annexed into the corporate limits of the Town of Fort Mill; and WHEREAS, the Town Council has determined that annexation would be in the best interest of both the property owner and the Town of Fort Mill; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Fort Mill in Council assembled: SECTION I. Annexation. It is hereby declared by the Town Council of the Town of Fort Mill, in Council assembled, that the incorporated limits of the Town of Fort Mill shall be extended so as to include, annex and make a part of said Town, the described area of territory above referred to, being more or less 5.25 +/- acres, the same being fully described in Exhibit “A” attached hereto, and contiguous to land already within the Town of Fort Mill. Pursuant to S.C. Code Section 5-3-110, this annexation shall include the whole or any part of any street, roadway, or highway abutting the above referenced property, not exceeding the width thereof, provided such street, roadway or highway has been accepted for and is under permanent public maintenance by the Town of Fort Mill, York County, or the South Carolina Department of Transportation. SECTION II. Zoning Classification of Annexed Property. The above-described property, upon annexation into the corporate limits of the Town of Fort Mill, shall be zoned, as follows: Highway Commercial (HC). SECTION III. Voting District. For the purpose of municipal elections, the above-described property, upon annexation into the incorporated limits of the Town of Fort Mill, shall be assigned to and made a part of Ward One (1). SECTION IV. Notification. Notice of the annexation of the above-described area and the inclusion thereof within the incorporated limits of the Town of Fort Mill shall forthwith be filed with the Secretary of State of South Carolina (SCSOS), the South Carolina Department of Public Safety (SCDPS), and the South Carolina Department of Transportation (SCDOT), pursuant to S.C. Code § 5-3- 90(E). SECTION V. Severability. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby. SECTION VI. Effective Date. This ordinance shall be effective from and after the date of adoption. SIGNED AND SEALED this _____ day of ___________________, 2024, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2023. First Reading: 7/8/2024 TOWN OF FORT MILL Public Hearing: 10/9/2023 Second Reading: 8/12/2024 ______________________________ Guynn H. Savage, Mayor LEGAL REVIEW ATTEST ______________________________ ______________________________ Barron B. Mack, Jr, Town Attorney Virginia Burgess, Town Clerk  EXHIBIT A Property Description All those certain pieces, parcels or tracts of land lying, being and situate in Fort Mill Township, County of York, State of South Carolina, containing 5.25 acres, more or less, containing all the property shown in the map attached as Exhibit B, and being more particularly described as York County Tax Map Number(s) 738-00-00-063 and a portion of 738-00-00-062. Pursuant to S.C. Code Section 5-3-110, this annexation shall include the whole or any part of any street, roadway, or highway abutting the above referenced property, not exceeding the width thereof, provided such street, roadway or highway has been accepted for and is under permanent public maintenance by the Town of Fort Mill, York County, or the South Carolina Department of Transportation  EXHIBIT B Property Map York County Tax Map Number(s) 738-00-00-063 and a portion of 738-00-00-062  Meeting Information Meeting Type Town Council Meeting Date August 12, 2024 Request Summary X Action (Old Bus.) Action (New Bus.) Info/Discussion Request Type Public Hearing Executive Session Other Case Summary Annexation Rezoning X Text Amendment Case Type Subdivision Plat Appearance Review Other Title AN ORDINANCE TO ADD PARKING STANDARDS FOR AMBULATORY SURGICAL FACILITIES AND OTHER MATTERS RELATING THERETO Background Information Background With the completion of the hospital, many other types of associated medical facilities have approached the Town staff for possible siting in proximity to the hospital. Many types of these uses were not originally contemplated in the Town’s zoning ordinance and therefore may require text amendments to provide appropriate regulations and definitions. One such example would be Ambulatory Surgical Facilities. An Ambulatory Surgical Facility, as defined by DHEC, is a facility: organized and administered for the purpose of performing surgical procedures and/or endoscopy for patients scheduled to arrive, receive surgery, and be discharged on the same day. This definition does not apply to any facility used as an office or clinic for the private practice of licensed healthcare professionals. Staff is proposing an amendment to the Zoning Ordinance to add a definition for Ambulatory Surgical Facilities and to add parking  requirements for these facilities to differentiate them from medical offices (given that they are less staff intensive and less patient intensive per square foot). In reviewing nearby communities, there are multiple examples of newer ordinances that have parking requirements for medical office that are equal to or less than what is being proposed by this ordinance for ambulatory surgical facilities. Lancaster County (Indian Land) requires less parking than what Fort Mill staff is proposing, while the City of Greer requires parking equal to what Fort Mill staff is proposing. There are numerous ordinances throughout the state that require only slightly higher parking numbers for medical office at a rate of 3.3 per 1000 square feet versus what Fort Mill staff has proposed at 3 per 1000 square feet for ambulatory surgical centers only. Staff felt this information supported the proposed ordinance given the differences in intensity of medical office versus ambulatory surgical facilities. Planning The Town of Fort Mill Planning Commission met on Tuesday, May 21, Commission 2024, to consider the text amendment and they recommended to deny Meeting: May 21, the text amendment by a vote of 6-0. Chairman Mark Kerr was absent 2024 from the meeting. The Commission did not believe we should reduce the parking standards for an ambulatory surgical facility because adequate parking would be needed for employees and for patients who would have family members drop them off and wait for them as the surgery is being conducted. The Commission believed that the current medical office parking requirement of 4.5 per 1,000 square feet of GLA should remain the standard regardless if the use was a hospital, doctor’s office, or ambulatory surgical facility. Town Council Town Council held a public hearing for the text amendment at their June Meeting: June 10, 10, 2024 meeting. At the meeting, several members of the public spoke 2024 in favor of the text amendment as it relates to potential projects in town. Council, by a vote of 3-2, voted to defer the item pending receipt of more information and examples from similar communities. Town Council Town Council held the first reading for the text amendment at their July 8, Meeting: July 8, 2024 2024, meeting. First reading was approved by a vote of 4-2. Town Council members Lisa Cook and Ben Hudgins voted against the text amendment. Suggested Motion List 1. Approve second reading of the ordinance drafted 2. Approve second reading of the ordinance with modifications 3. Deny second reading of the ordinance Staff Contact Name & Title Chris Pettit, Assistant Town Manager Department Administration  Legislative History Planning Commission 5/21/2024: Recommended denial by a vote of 6-0 First Reading 7/8/2024: Approved by a vote of 4-2 Public Hearing 6/10/2024: Several members of public spoke for the text amendment Second Reading 8/12/2024: Scheduled Effective Upton adoption Attachments • Draft Ordinance  STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2024-___ AN ORDINANCE TO ADD PARKING STANDARDS FOR AMBULATORY SURGICAL FACILITIES AND OTHER MATTERS RELATING THERETO WHEREAS, the Town Council of the Town of Fort Mill finds that updating the Town’s Zoning Ordinance to include definitions and parking requirements for ambulatory surgical facilities would be beneficial to enhance the safety and general welfare of the citizens of the Town of Fort Mill. NOW, THEREFORE, pursuant to the authority granted by the Constitution and the General Assembly of the State of South Carolina, BE IT ENACTED BY THE TOWN COUNCIL FOR THE TOWN OF FORT MILL: SECTION I. The Zoning Ordinance for the Town of Fort Mill; Article I, Section 1 Definitions; is hereby amended to change the definition from “Medical facility” to “Medical office” as follows: Medical office. An office providing medical or psychiatric service for sick or injured persons exclusively on an outpatient basis, including emergency treatment, diagnostic services, training, administration, and services to outpatients, employees, and visitors. SECTION II. The Zoning Ordinance for the Town of Fort Mill; Article I, Section 1 Definitions; is hereby amended to add a definition for “Ambulatory Surgical Facilities” as follows: Ambulatory surgical facilities. A facility organized and administered for the purpose of performing surgical procedures and/or endoscopy for patients scheduled to arrive, receive surgery, and be discharged on the same day. This definition does not apply to any facility used as an office or clinic for the private practice of licensed healthcare professionals. SECTION III. The table of off-street parking requirements found in the Zoning Ordinance for the Town of Fort Mill; Article I, Section 7.I.1.A; is hereby amended to add parking requirements for “Ambulatory Surgical Facilities” under the Office and business category as follows: Ambulatory surgical facilities 3 per 1,000 sq. ft. of GLA  SECTION IV. Severability. If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby. SECTION V. Conflicting Ordinances Repealed. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION VI. Effective Date. This ordinance shall be effective immediately. (END OF ORDINANCE - SIGNATURE PAGE TO FOLLOW)  SIGNED AND SEALED this _____ day of ___________________, 2024, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2024. First Reading: 7/8/2024 TOWN OF FORT MILL Public Hearing: 6/10/2024 Second Reading: 8/12/2024 ______________________________ Guynn H. Savage, Mayor LEGAL REVIEW ATTEST ______________________________ ______________________________ Barron B. Mack, Jr, Town Attorney Virginia C. Burgess, Town Clerk New Business Item 2024 Tribute Fest A resolution designating Walter Elisha Park, 345 N. White Street, on Saturday, August 17, 2024, 5 P.M. until 8 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 Saturday, August 17, 2024, 5 P.M. until 8 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 Saturday, August 17, 2024, 5 P.M. until 8 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 Saturday, August 17, 2024. With Council’s approval, alcohol sales would be permitted between 5 P.M. until 8 P.M. on Saturday, August 17, 2024. Alcohol Sales will be managed by 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 Saturday, August 17, 2024, 5 P.M. until 8 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 SATURDAY, AUGUST 17, 2024, 5 P.M. UNTIL 8 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 SATURDAY, AUGUST 17, 2024, 5 P.M. UNTIL 8 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 2024 Tribute Fest scheduled to take place on Saturday, August 17, 2024, 5 P.M. Until 8 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 Saturday, August 17, 2024, 5 P.M. until 8 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 Saturday, August 17, 2024, 5 P.M. until 8 P.M., at Walter Elisha Park, 345 N. White Street. SIGNED AND SEALED this _____ day of ___________________, 2024, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2024. Signed: ________________________________ Guynn Savage Mayor Witness: ________________________________ Virginia Burgess Town Clerk  Meeting Information Meeting Type Town Council Meeting Meeting Date 8-12-24 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 Auditing services contract award Background Information Upon completion of the Fiscal Year 2023 audit, the current contract with Greene, Finney, and Cauley expired, after 18 years. Since that time, staff produced a Request for Proposal (RFP) for auditing services on a multi-year basis or contract. The Town of Fort Mill received 4 proposals, and opened bids on July 26th, 2024. The following bids were: Mauldin & Jenkins CPAs (Columbia, SC) $50,000 (year #1) Phillips CPAs & Advisors (Greenville, SC) $63,000 Greene, Finney, and Cauley, LLP (Greenville, SC) $68,000 Manley Garvin (Greenwood, SC) $90,000 Mauldin & Jenkins was formed in 1918 and is one of the largest CPA firms in the Southeast; serving clients from Gates County, NC to Corpus Christi, Texas. The Town of Fort Mill would be serviced out of their Columbia, SC office with a staff of over 40 professionals with current experience providing services to governmental entities, and access to 515 employees company wide. Within the last three years, Mauldin & Jenkins has served 30 cities and 21 counties in South Carolina alone, including local communities Clover, and Rock Hill. Staff believes that Mauldin & Jenkins clearly possesses the knowledge and resources necessary to provide services to the Town of Fort Mill. Options 1. Award a three-year contract for Auditing services to Mauldin & Jenkins Certified Public Accountants with a year #1 cost of $50,000 2. Do not award a contract to Mauldin & Jenkins CPAs and award the contract to a higher bidder. 3. Staff Recommendation Award a three-year contract for Auditing services to Mauldin & Jenkins Recommendation Certified Public Accountants with a year #1 cost of $50,000 Name & Title Eric Davis; Assistant Town Manager & Chief Financial Officer Department Town Administration Legislative History First Reading 8-12-24 Public Hearing N/A Second Reading N/A Effective Date 10-1-24 Attachments