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Town Council

Regular Meeting

Fort Mill, SC · December 9, 2024

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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 Page 1|5 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 Page 2|5 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 Page 3|5 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. Page 4|5 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 Page 1|5 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 Page 3|5 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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