Town Council
Regular MeetingFort Mill, SC · December 9, 2024
Minutes
Fort Mill Town Council Meeting Minutes
Monday December 9, 2024
6:00 P.M.
Council Chambers
112 Confederate Street
Fort Mill, SC 29715
PRESENT: Mayor Savage, Councilman Helms, Councilwoman Cook, Councilman Hudgins,
Councilman Garrison, Councilman Wolfe and Councilman Moody were present.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION
Mayor Savage provided the invocation.
MINUTES
November 11, 2024, council meeting
Councilman Wolfe made a MOTION to approve the minutes of the November 11, 2024, council
meeting. SECONDED by Councilman Helms. Passed 7-0.
PUBLIC COMMENT
Pursuant to Section 2-46 of the Code of Ordinances for the Town of Fort Mill, any citizen of the Town may
appear before council for the purpose of providing public comments on any municipal matter (except personnel
matters). Those who wish to speak must sign in outside of Council Chambers prior to the start of the meeting.
Citizens will be given 3 minutes each to speak.
No one signed up to speak during public comment.
PRESENTATIONS
There were no presentations
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OLD BUSINESS
Old Business Item #1
Second Reading and Public Hearing: ordinance adopting a budget amendment to accept the Fire
SAFER grant.
Eric Davis, CFO, explained to council that this budget amendment is for the Fire SAFER grant.
Approval of this budget amendment after this reading will establish the financial structure
necessary to receive and expend the funds associated with the Fire SAFTER grant. This is a
three-year grant that will expand four fiscal years. This grant is salaries and benefits, only. The
total amount of the grant is $1,075,000.00.
Mayor Savage opened the floor for a public hearing. No one came forth to speak.
Councilwoman Cook made a MOTION to approve second reading of an ordinance adopting a
budget amendment to accept the Fire SAFER grant. SECONDED by Councilman Garrison.
Passed 7-0.
Old Business Item #2
Second Reading and Public Hearing: ordinance adopting a budget amendment to construct Fire
Station #3.
Mayor Savage opened the floor for a public hearing. No one came forth to speak.
Mr. Davis explained that this budget amendment is for amount is for $9,000,000 which will
facilitate the construction of Fire Station #3.
Councilman Wolfe made a MOTION to approve second reading of an ordinance adopting a
budget amendment to construct Fire Station #3. SECONDED by Councilman Moody. Passed
7-0.
Old Business Item #3
Second Reading and Public Hearing: ordinance adopting a budget amendment for the Public Works
Operation Center.
Mayor Savage opened the floor for a public hearing. No one came forth to speak.
Eric Davis stated that this budget amendment is for the amount of $25,000,000.00. This money is
to be used to facilitate the construction of a Public Works Operation Center. The Town secured a
grant from the State of South Carolina with the tremendous help of Representative Raye Felder.
This amendment only covers the amount of grant funds already received by the Town from the
state and it does not obligate any additional monies at this time.
Councilwoman Cook made a MOTION to approve an ordinance adopting a budget amendment
for the Public Works Operation Center. SECONDED by Councilman Garrison. Passed 7-0.
Old Business Item #4
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Second Reading and Public Hearing: ordinance adopting a budget amendment to facilitate multiple
capital projects for fiscal year 2025. – Eric Davis
Mayor Savage opened the floor for a public hearing. No one came forth to speak.
Eric Davis stated that this budget amendment totals $13,900,000.00 for a variety of capital
projects and purchases for fiscal year 2025.
Councilman Hudgins made a MOTION to approve old business item #4 with restricting the
expenditures for paving equipment and $1,000,000.00 in Road improvements until further
approval of council. SECONDED by Councilman Garrison. Passed 4-3. Mayor Savage,
Councilman Wolfe and Councilwoman Cook opposed.
Old Business Item #5
Second Reading: an ordinance amending the Town of Fort Mill Procurement Code so as to update
methods for contracting on construction projects.
Chris Pettit stated that no changes have been made since first reading. This ordinance will
update the Town of Fort Mill’s Procurement Code to add a construction manager at risk as a
methodology for the Town of Fort Mill to procure construction projects. It adds it to the menu of
allowable procurement methods.
Councilwoman Cook made a MOTION to approve an ordinance amending the Town of Fort Mill
Procurement Code so as to update methods for contracting on construction projects.
SECONDED by Councilman Garrison. Passed 7-0.
NEW BUSINESS ITEMS
New Business Item #1
Resolution directing the Fort Mill Planning Commission to conduct studies and to develop and make
recommendations for a five-year update to the Capital Improvements Plan and Impact Fee Ordinance as
provided for in the South Carolina Development Impact Fee Act.
Chris Pettit stated that every five years with an Impact Fee Program you must basically start
from scratch and do all the studies again and reconsider adopting impact fees. The Town started
this program in 2015 and updated in 2020. With this resolution we will be starting the process to
restudy impact fees. It will then be brought back to council to consider any future continuation
of this program. This is the first step as outlined in state law to start that study.
Councilman Wolfe made a MOTION to approve a resolution directing the Fort Mill Planning
Commission to conduct studies and to develop and make recommendations for a five-year
update to the Capital Improvements Plan and Impact Fee Ordinance as provided for in the South
Carolina Development Impact Fee Act with an addendum to include the street impact fee in the
study. SECONDED by Councilman Moody. Passed 7-0.
New Business Item #2
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Consideration to award a contract to King Asphalt, Inc. for the Town of Fort Mill Parking Lot Project in
the amount of $407,861.50.
Mr. Pettit explained that this is for the municipal parking lot project. This is the amount that it
will take to get it from its current condition to our desired looking parking lot.
Councilman Wolfe made a MOTION to approve a contract award to King Asphalt, Inc. for the
Town of Fort Mill Parking Lot Project the in the amount of $407,861.50. SECONDED by
Councilman Garrison. Passed 7-0.
New Business Item #3
Northern Pump Station Notice of Intent to Award and subsequent Notice of Award of contract to Site
Concepts of Oakboro, NC.
Councilman Wolfe made a MOTION that based on the provided bid tabulations and
recommendations, Town Council gives the Town Manager authorization to sign the Notice of
Intent to Award to Site Concepts Inc. of Oakboro, NC the construction contract in the amount of
$2,451,000 for the Northern Pump Station Rehabilitation project. Upon review and approval of
the bids by the Rural Infrastructure Authority, council further grants authority to execute the
Notice of Award to the contractor in the same amount referenced. SECONDED by Councilman
Helms. Passed 7-0.
EXECUTIVE SESSION
Please Note: Council may take action on Executive Session Items listed on the agenda when they come
back into Public Session.
Executive Session Item #1
Discussions incident to proposed contractual matters (American Towers LLC)
Executive Session Item #2
Receipt of legal advice relating to potential claims and ongoing legal matters
Executive Session Item #3
Discussions incident to proposed contractual arrangements with the Fort Mill History Museum
Councilwoman Cook made a MOTION to go into executive session. Seconded by
Councilman Garrison. Passed 7-0.
Councilwoman Cook made a MOTION to come out of Executive Session. SECONDED
by Councilman Garrison. Passed 7-0.
ADJOURN
Councilman Wolfe made a MOTION to adjourn. SECONDED by Councilman Garrison. Passed 7-0.
Being no more business to conduct, the meeting adjourned at 8:39 p.m.
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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.
Respectfully submitted:
Virginia C. Burgess
Approved by Council: February 3, 2025
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 5|5
Agenda
Fort Mill Town Council Meeting Minutes
Monday November 11, 2024
6:00 P.M.
Council Chambers
112 Confederate Street
Fort Mill, SC 29715
PRESENT: Mayor Savage, Councilman Helms, Councilwoman Cook, Councilman Garrison, Councilman
Hudgins, Councilman Moody and Councilman Wolfe were present.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION
Councilman Helms provided the invocation.
MINUTES
October 3, 2024, Special Called Council Meeting
October 14, 2024, Council Meeting
October 28, 2024, Council Workshop
Councilman Wolfe made a MOTION to approve the minutes of the October 2024, October 14,
2024 and October 28, 2024 meeting. SECONDED by Councilman Moody. Passed 7-0
PUBLIC COMMENT
Pursuant to Section 2-46 of the Code of Ordinances for the Town of Fort Mill, any citizen of the Town may
appear before council for the purpose of providing public comments on any municipal matter (except personnel
matters). Those who wish to speak must sign in outside of Council Chambers prior to the start of the meeting.
Citizens will be given 3 minutes each to speak.
PRESENTATIONS
Presentation #1
Employee of the Quarter
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Cary Vargo, Town Manager presented an Employee of the Quarter award to Maryn Long, HR
Coordinator.
Presentation #2
Christmas Events – Jacona Hester
• 2024 Fort Mill Christmas Village & Lighting of the Tree
• 77th Annual Fort Mill Christmas Parade
Presentation #3
Fort Mill Economic Partners Organizational Updates
Mariah Price and David Buist gave organizational updates for Fort Mill Economic Partners.
OLD BUSINESS
There were no Old Business items.
NEW BUSINESS ITEMS
New Business Item #1
Resolution for Keep Fort Mill Beautiful.
Mina MacDonald, Stormwater Coordinator, went over the Keep Fort Mill Beautiful program
with information on the mission, focus areas, benefits and commitment that it would involve.
Councilman Garrison made a MOTION to approve a resolution for Keep Fort Mill Beautiful.
SECONDED by Councilwoman Cook. Passed 7-0.
New Business Item #2
First Reading and Public Hearing: An ordinance amending the zoning map of the Town of Fort Mill
to change the zoning designation for York County Tax Maps 020-06-01-051; 020-06-01-052; 020-06-
01-053; 020-06-01-054; 020-06-01-058; 020-06-07-034, containing approximately 15.9 +/- acres from
GI, General Industrial & R-10, One Family Residential District to MXU, Mixed Use Development
District. Ward 2: Ronnie Helms.
Councilman Wolfe recused himself from the voting and discussion of this item.
Mayor Savage opened the floor for a public hearing.
Keith H. MacVeen with Moore & Van Allen, PLLC gave a presentation on the proposed
development for this property. He is representing the owner, Unique Properties.
Council proceeded with much discussion and questions regarding this project. Penelope
Karagounis and Amy Massey with Kimley-Horn were involved in the information given to
council to help with their questions regarding this project and the TIA results.
Page 2|5
Councilman Moody made a MOTION to defer this item to the first meeting in January 2025.
SECONDED by Councilman Garrison. Passed 6-0.
New Business Item #3
First Reading: ordinance adopting a budget amendment for the Public Works Operation Center.
Eric Davis, CFO informed council that the Town has already begun work on the Operations
Center with soil testing and space needs design work already completed.
To facilitate the construction of this building, the Town will need to adopt a Budget Amendment
acknowledging additional expenses for this project.
Councilman Moody made a MOTION to approve first reading of ordinance adopting a budget
amendment for the Public Works Operation Center. SECONDED by Councilman Wolfe.
Passed 7-0.
New Business Item #4
First Reading: ordinance adopting a budget amendment to construct Fire Station #3.
Mr. Davis informed council that the Town will soon begin work on the Fire Station #3 project.
To facilitate the construction of this building, the Town will need to adopt a Budget Amendment
acknowledging expenses for this project.
Councilman Hudgins made a MOTION to approve first reading of an ordinance adopting a
budget amendment to construct Fire Station #3. SECONDED by Councilman Moody. Passed
7-0.
New Business Item #5
First Reading: ordinance adopting a budget amendment to facilitate multiple capital projects for fiscal
year 2025.
Mr. Davis informed council that this proposed amendment to the budget authorizes the spending
of $13,900,000 for a variety of capital projects and purchases in fiscal year 2025. These projects
and purchases are listed below:
Hospitality Tax Fund: $500,000
This $500,000 will come from the Hospitality Tax reserves and will be used for two
projects: Walter Elisha Park Phase 2 improvements and the Farmers Market site
improvements. These funds will supplement the $1,850,000 already budgeted for Walter
Elisha Park, as well as the $175,000 PARD grant that has already been awarded to the
Town.
Water & Sewer Fund: $325,000
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This $325,000 will come from the water & sewer fund cash reserves and will cover one
half of the purchase price for a tandem dump truck, a paver, roller, and milling
attachment. The other half will be funded in the general fund.
General Fund: $12,075,000
This $12,075,000 will come from two sources. The first being Fund Balance
($4,575,000) and the rest coming from the Capital Reserve fund ($7,500,000). In addition
to half of the equipment listed in the water and sewer fund, these funds will be used for
the following:
1. Equipment purchases for Emergency Management purposes - $50,000
2. Additional road paving and reconstruction - $1,000,000
3. Acquisition of a land clearing debris site - $1,000,000
4. Millstone Park Improvements - $100,000
5. Steele Street Park Improvements – $750,000
6. Harris Street Park Improvements (1/2) - $500,000 (Other 50% in
stormwater)
7. Calhoun Street Park Improvements - $750,000
8. Park connector trail rehab - $100,000
9. YMCA Facility Improvements - $2,500,000
10. Fort Mill Community Center renovations - $5,000,000
Stormwater Fund: $1,000,000
This $1,000,000 will come from the Stormwater fund cash reserves. These dollars will
provide funding for Harris Street Park improvements; specifically for stream restoration
work due to repeated flooding in the area. It will also provide funding for various
unspecified projects (at this time) throughout the community as needed.
Upon approval of the budget amendment, staff will adjust the budget in accordance with
the attached amendment detail, and those funds will be available immediately for use.
Councilman Wolfe made a MOTION to approve first reading of an ordinance adopting a
budget amendment to facilitate multiple capital projects for fiscal year 2025.
SECONDED by Councilman Moody. Passed 7-0.
New Business Item #6
First Reading: an ordinance amending the Town of Fort Mill Procurement Code so as to update
methods for contracting on construction projects.
Chris Pettit, Assistant Town Manager explained that the Town’s Procurement Code was adopted
in 2004. Since that time, changes in procurement practice throughout the State of South Carolina
have taken place. Changes specifically relating to construction contracting, if implemented in the
Town’s Procurement Code, have the opportunity to greatly enhance the Town’s ability to
provide quality construction contracting, complete projects on schedule, all while staying true to
the intent of procurement code by keeping cost to a minimum.
Staff’s proposal (attached via ordinance) is to add new language to the procurement code to
specifically identify three methodologies for contracting on construction projects:
Page 4|5
1) Design-Bid-Build
2) Design-Build
3) Construction Manager (Pure Agency & At Risk)
Councilman Garrison made a MOTION to approve first reading of an ordinance amending the
Town of Fort Mill Procurement Code so as to update methods for contracting on construction
projects. SECONDED by Councilwoman Cook. Passed 7-0.
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 7-0.
Being no more business to conduct, the meeting adjourned at 8:08 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.
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 5|5
Meeting Information
Meeting Type Town Council
Meeting Date December 9, 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 AMENDING THE TOWN OF FORT MILL PROCUREMENT CODE SO AS TO UPDATE
METHODS FOR CONTRACTING ON CONSTRUCTION PROJECTS
Background Information
Background The Town’s Procurement Code was adopted in 2004. Since that time, changes in
procurement practice throughout the State of South Carolina have taken place.
Changes specifically relating to construction contracting, if implemented in the
Town’s Procurement Code, have the opportunity to greatly enhance the Town’s
ability to provide quality construction contracting, complete projects on schedule,
all while staying true to the intent of procurement code by keeping cost to a
minimum.
Staff’s proposal (attached via ordinance) is to add new language to the procurement
code to specifically identify three methodologies for contracting on construction
projects:
1) Design-Bid-Build
2) Design-Build
3) Construction Manager (Pure Agency & At Risk)
The differences of these methodologies are included on the following pages. Staff
is proposing this addition to the procurement code to give staff the ability to utilize
these different methods in situations where it makes sense to do so. While many
situations may still make the most sense using a traditional Design-Bid-Build process
(aka low bidder model), other unique situations may benefit from a differing
methodology. Therefore, staff is proposing to add these methods to our
procurement options.
1. Design-Bid-Build
In this approach, the design team works directly for the client (town) to
produce a set of construction documents used as the basis of a competitive
bidding process. One version of this process is known as "Competitive Bids,"
wherein prospective contractors (pre-qualified or not) submit bids for the
scope of work as defined in the contract documents; in this model, the
lowest bidder is typically awarded the project. Another version of this
process is known as "Competitive Sealed Proposals," wherein a contractor
may submit a proposal that includes both fees and a qualifications
presentation. This second option usually results in selecting one of the three
lowest bidders, provided their references and qualifications demonstrate
they are capable of delivering successful results.
Benefits:
• This method may result in the lowest total construction cost due to
the widest-open field of bidding competition.
Challenges:
• The general contractor (GC) is selected primarily based on cost.
However, the lowest-priced GC is not necessarily the most qualified.
Consider qualifications and price during the selection process.
• The GC is not on board early in the process to give feedback during
the design process to get acquainted with the design team and their
intentions and begin establishing trust as a team member.
• This model is particularly susceptible to change orders (like cost
increases) during the construction process due to the bidders not
being available to collaborate with the design team early in the
planning process. If change orders become contentious during
construction, the design team's documents may be heavily
scrutinized for errors and omissions.
• Bringing on a GC later in the game may result in the need to hire a
professional cost estimator to conduct milestone price checks to
manage whether the project remains on target.
• The delay in selecting a GC until construction documents are 100%
complete typically results in a longer project transition from design
to the start of construction.
2. Design-Build
This delivery method benefits clients by having a single point of
responsibility for the whole construction process. On a Design-Build project,
the GC is that single point of responsibility, subcontracting both the various
construction trades and the entire scope of design team services. From this
position, the GC assumes all responsibility for design outcomes, cost control,
and staying on schedule.
Benefits:
• This option requires minimal time commitment from the client
throughout the process.
• A client’s involvement in any conflicts between GC and design team
is minimal at best.
Challenges:
• Lower transparency in bidding may result in higher prices than a
more competitively bid project.
• The typical system of checks and balances that ensure a quality final
product may be disrupted.
• The design team may have difficulty advocating for the client and
questioning the GC since the design team is answerable directly to
the GC, not the client.
3. Construction Manager at Risk*
*For differences in Construction Manager at Risk vs. Construction Manager
Pure Agency, please see explanation in ordinance.
Teaming up with a GC at the beginning of the design process is called
Construction Manager at Risk (aka CMAR or CM@Risk). Forming the team
early ay lead to a number of benefits including improved cost feedback
during the design process; more time for the GC to thoroughly grasp the
scope and details of the project; and increased time for the client, design
team and GC to develop a mutual sense of understanding and trust prior to
the start of construction. While not all do, some CMAR arrangements may
include compensation for the GC’s pre-construction services as well.
Benefits:
• The client will receive very informed cost estimating at early stages
in the project.
• This model creates the opportunity for an ideal collaborative team
structure.
• The GC is chosen primarily based on qualifications, with cost as a
secondary consideration.
• There is a faster transition from design to the start of construction.
Challenges:
• To guarantee a competitive bidding process, request multiple bids
from subcontractors for all major disciplines or trades.
• To ensure transparent accounting of project cost, require an open-
book policy from the CMAR so that line items for overhead costs,
markups and various contingencies are fully identified.
Suggested Motion List
1. Approve second reading of the ordinance
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
Attachments
• Draft Ordinance
STATE OF SOUTH CAROLINA
TOWN COUNCIL FOR THE TOWN OF FORT MILL
ORDINANCE NO. 2024-___
AN ORDINANCE AMENDING THE TOWN OF FORT MILL PROCUREMENT CODE SO AS TO UPDATE
METHODS FOR CONTRACTING ON CONSTRUCTION PROJECTS
WHEREAS, The Town’s latest version of the procurement code went into effect on
October 1, 2003 ; and,
WHEREAS, the Town Council of the Town of Fort Mill finds that updating the Town’s
procurement code to include the newer methodologies for contracting on constructions project
to be in the best interest of the Town.
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 Procurement Code for the Town of Fort Mill; Section 3-201; is hereby
amended to read as follows:
Unless exempted or unless otherwise required by law, all TOWN contracts shall be
awarded by competitive sealed bidding, pursuant to Section 3-202 (Competitive Sealed
Bidding), except as provided in:
Section 3-203 (Competitive Sealed Proposals);
Section 3-204 (Small Purchases);
Section 3-205 (Sole Source Procurement);
Section 3-206 (Emergency Procurement); or
Section 3-207 (Construction contracting relationship formats).
All construction contracts over $25,000 must be approved by TOWN Council.
SECTION II. The Procurement Code for the Town of Fort Mill; Section 3-207; is hereby
amended to read as follows:
3-207 Construction contracting relationship formats
(1) The purchasing director, with approval of the Town Manager, shall have
the discretion to use construction management services, design-build services,
or design bid-build services as alternatives for construction contracting
administration. In exercising such discretion, the Town Manager shall consider
the method that, at the purchasing director's discretion, is the most
advantageous to the town and will result in the most timely, economical, and
successful completion of the construction project. The determination of the
method of source selection utilized shall be stated in writing and included as
part of the solicitation file. However, nothing ultimately prohibits the Town of
Fort Mill from rejecting all responses to a solicitation for services.
(2) The following relationship formats may be used in any contract or
agreement for construction projects or tasks.
(A) DESIGN-BID-BUILD.
A project delivery method that includes three linear phases for completing a
construction project - engineering and/or architectural design, bidding, and
construction. As part of the DESIGN-BID-BUILD project delivery method,
the Town awards two separate contracts - the first for architectural and or
engineering design and bid phase services, and the second for construction
according to the design. Under this project delivery approach, the
architect/engineer is selected through a qualification-based or competitive best
value bidding approach, and the contractor is selected through competitive
sealed bidding. This type of construction contract relationship format is one in
which one contractor contracts with the Town of Fort Mill to accomplish an
entire construction project or task pursuant to specifications or designs
provided by the Town of Fort Mill, pursuant to the specifications or designs
produced for the county by an architectural firm under contract with the Town
of Fort Mill.
(B) DESIGN-BUILD.
The DESIGN-BUILD type of construction contract relationship format is one
in which one contractor supplies all of the work involved in the project,
including the design. The Town of Fort Mill provides the performance
specifications and the contractor designs and constructs the project consistent
with those performance specifications. In a DESIGN-BUILD type of contract
relationship format, the contractor may even provide the site as part of the
construction contract.
(C) CONSTRUCTION MANAGER
Under a CONSTRUCTION MANAGER type of construction contract
relationship format, the Town of Fort Mill contracts with an individual or entity
to serve as its agent in managing the construction process on behalf of its
interests throughout the construction project. There are two types of
relationship formats - one is a pure agency relationship, and the other is a
relationship in which the construction manager is “at risk.”
1. Types of construction manager relationships.
A. PURE AGENCY
Under a PURE AGENCY arrangement, the construction manager
acts only as the agent of the owner. In this arrangement, the only
contractual relationship the construction manager has is with the
Town of Fort Mill. While the pure agency construction manager
administers the construction project throughout the planning, design,
and actual construction phases of the project, the construction
manager is not responsible for the means and methods of the project
and does not guarantee that the project will meet the expectations of
the county in terms of cost, timeliness, and quality.
B. AT RISK
Under an AT RISK relationship, the construction manager provides
advice and leadership on a project during the planning and design
phases of the project and has control, under the direction of the Town
of Fort Mill, during the construction phase. While the Town of Fort
Mill will generally contract separately for the design portion of the
project, the at-risk construction manager will contract with the
construction trade contractors. Because the at-risk construction
manager has control over the means and methods of construction
portion of the project, the at-risk manager will be responsible for the
completion of the project consistent with the expectations of the
Town of Fort Mill in terms of cost, timeliness, and quality.
SECTION III. The Procurement Code for the Town of Fort Mill is hereby amended to
renumber the prior Section 3-207 “Cancellation of invitation for Bids or Requests for Proposals”
to a new Section 3-208 that reads as follows:
3-208 Cancellation of invitation for Bids or Requests for Proposals.
An Invitation for Bids, a Request for Proposals, or other solicitation may be cancelled,
or any or all bids or proposals may be rejected in whole or in part as may be specified
in the solicitation, when it is in the best interest of the TOWN. The reasons therefor
shall be made part of the contract file.
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: TOWN OF FORT MILL
Second Reading:
______________________________
Guynn H. Savage, Mayor
LEGAL REVIEW ATTEST
______________________________ ______________________________
Barron B. Mack, Jr, Town Attorney Virginia C. Burgess, Town Clerk
Meeting Information
Meeting Type Town Council
Meeting Date December 9, 2024
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
A resolution directing the Fort Mill Planning Commission to conduct studies and to develop and
make recommendations for a five-year update to the Capital Improvements Plan and Impact Fee
Ordinance as provided for in the South Carolina Development Impact Fee Act
Background Information
Request Summary The South Carolina Development Impact Fee Act (more specifically Section
6-1-910, et seq, Code of Laws of South Carolina (1976), as amended), which
is the enabling legislation for impact fees within the state, requires that
municipalities update all plans, studies, and ordinances relating to impact
fees at least once every five years. Therefore, in order to be eligible to
continue charging impact fees in the Town of Fort Mill beyond FY 24/25,
the following items would need to be reviewed and updated:
• Development Impact Fee Study Report for Fort Mill
• Town of Fort Mill Capital Improvements Plan
• Housing Affordability Analysis in Support of a Development Impact
Fee Study in Fort Mill
• Development Impact Fee Ordinance for the Town of Fort Mill
State law required the completion of these items prior to the adoption of
impact fees.
Council is now being asked to consider a resolution that would direct the
Town’s Planning Commission to conduct/update these necessary studies
and develop and make recommendations for a five-year update to the
Town’s Capital Improvements Plan and Impact Fee Ordinance.
Council’s adoption of this resolution would provide the direction for staff
to begin working with a consultant on this five-year update as required by
law. The funding for a consultant to complete the work was approved in
the FY 24/25 budget. Once completed, the consultant would provide the
Planning Commission and Town Council with the documents and
ordinances necessary to continue to collect impact fees for another five-
year period. A formal approval of these items would be required by Town
Council, which would ultimately be a policy decision.
The adoption of this resolution does not indicate one way or another
whether or not Council will make that policy decision to continue collecting
impact fees. Rather, it only ensures that the legally required documents
will be in place so that Council will have the opportunity (and will be legally
eligible) to make the policy decision to continue collecting impact fees in
the future.
Alternatives
1. Approve the resolution
2. Deny approval for the resolution
3. Defer consideration of the resolution to a later date
Staff Contact
Name Chris Pettit
Title Assistant Town Manager
Department Administration
Date of Request December 9, 2024
Attachments
• Draft Resolution
STATE OF SOUTH CAROLINA ) A RESOLUTION OF THE
) TOWN OF FORT MILL
COUNTY OF YORK )
A RESOLUTION DIRECTING THE FORT MILL PLANNING COMMISSION TO CONDUCT STUDIES AND
TO DEVELOP AND MAKE RECOMMENDATIONS FOR A FIVE-YEAR UPDATE TO THE CAPITAL
IMPROVEMENTS PLAN AND IMPACT FEE ORDINANCE AS PROVIDED FOR IN THE SOUTH
CAROLINA DEVELOPMENT IMPACT FEE ACT
WHEREAS, the Fort Mill Town Council originally adopted impact fees by Ordinance 2015-
12 on August 24, 2015; and
WHEREAS, the South Carolina Development Impact Fee Act (the “Act”), as more fully set
forth in Section 6-1-910, et seq, Code of Laws of South Carolina (1976), as amended, requires
that the plans, studies, and ordinances relating to impact fees be updated at least once every five
years; and
WHEREAS, the Fort Mill Town Council desires to consider the continuation of
implementing impact fees within the municipal limits of the Town of Fort Mill for the primary
purpose of funding capital improvements which will increase the service capacity of certain
municipal facilities, fire protection facilities, and parks and recreation facilities, consistent with
the Act; and
WHEREAS, in order to consider the continuation of implementing such fees, the Fort Mill
Town Council is required by law to enact a resolution directing the Fort Mill Planning Commission
to conduct the studies and to recommend a new impact fee ordinance developed in accordance
with the Act; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Fort Mill, in
Council assembled, that the Fort Mill Planning Commission is hereby directed to conduct studies
and to recommend an impact fee ordinance for a capital improvements plan for certain municipal
facilities, fire protection facilities, and parks and recreation facilities, consistent with the
requirements of the Act.
BE IT FURTHER RESOLVED that the Fort Mill Planning Commission shall complete such
studies and make said recommendations within 180 days after the date of adoption of this
resolution.
BE IT FURTHER RESOLVED that, in conducting such studies, the Fort Mill Planning
Commission is requested to consult with and receive input from all appropriate town
departments and staff, and to evaluate and consider any plans or documents adopted by the
Town of Fort Mill, as well as any other local, state, or regional plan deemed to be germane to
such studies by the Planning Commission.
BE IT FURTHER RESOLVED that the Fort Mill Town Manager shall be authorized to engage
the professional services of one or more consultants who specialize in such studies for the
purpose of assisting the Planning Commission with development of the studies, as well as
assisting with the development of a recommended impact fee ordinance and capital
improvements plan. Any consultant(s) shall be selected in a manner consistent with the most
recently adopted Purchasing Manual for the Town of Fort Mill. The Town Manager shall be
further authorized to commit funds from Town Council’s Adopted Budget for the payment of
services rendered.
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.
TOWN OF FORT MILL
______________________________
Guynn H. Savage, Mayor
ATTEST THIS THE _______ DAY
OF______________________, 2024
______________________________
Virginia Burgess, Town Clerk
Legal Review:
_________________________________
Barron B. Mack, Jr., Town Attorney
Meeting Information
Meeting Type Town Council
Meeting Date December 9, 2024
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
Consideration to award a contract to King Asphalt, Inc. for the Town of Fort Mill Parking Lot
Project in the amount of $407,861.50
Background Information
Background There were three responses to the Town’s RFP for the redevelopment of
the former Hardee’s site. The lowest responsible bidder was King Asphalt,
Inc. at $407,861.50 to complete the work. Per the Town’s procurement
code, the request is before Council to approve awarding the construction
contract to King Asphalt, Inc.
All requirements and/or licenses have been verified for King Asphalt, Inc.
by Town staff as well as our engineer for the project (Keck and Wood).
Suggested Motion List
1. Approve the award of the contract to King Asphalt, Inc.
2. Do not approve the award
Staff Contact
Name & Title Chris Pettit, Assistant Town Manager
Department Administration
Attachments
• Keck and Wood Recommendation
• Rendering of Project
COMING SOON
REET
SPRINGS ST
REET
SPRINGS ST
TO M H A L L S T R E E T
TO M H A L L S T R E E T
MUNCIPAL PARKING LOT
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