CITY OF YORK

AGENDA YORK CITY COUNCIL

Tuesday, November 3, 2020 6:00 pm

1. Welcome and Call to Order Mayor Mike Fuesser 2. Prayer Mayor Pro Tem Ed Brown 3. Pledge of Allegiance Mayor Mike Fuesser 4. Presentation

♦ Christmas Parade York Entertainment Society 5. Public Hearings

♦ Second Reading, Ordinance 20-638, Water & Sewer Rates 6. Comments from the Public on Agenda Items 7. City Manager’s Report City Manager Seth Duncan

♦ Downtown Improvements ♦ Basketball Program on Hold

8. Council Minutes: Regular, October 6, 2020, and Work Session, October 19, 2020 9. Monthly Financial Report Finance Director Barbara Denny 10 Old Business:

♦ Second Reading, Ordinance 20-638, Water & Sewer Rates 11. New Business:

♦ First Reading, Ordinance 20-640, Duke Energy Municipal Service Agreement ♦ First Reading, Ordinance 20-641, York Electric Cooperative Franchise Fee ♦ First Reading, Ordinance 20-642, Rezoning Request from MU to R7 (New St.) ♦ Supplemental Intergovernmental Agreement with York County

12. Mayor’s Report

♦ Veteran’s Day Parade 13. Executive Session: To Discuss Personnel Matters Related to Municipal Appointments to the York

Housing Authority Board and York County Natural Gas Authority Board

14. Upon Returning to Open Session, Council May Take Action on Matters Discussed in Executive Session

15. Adjourn

YORK, SOUTH CAROLINA 29745 (803) 684-1705 FAX

www.yorksc.gov

CITY OF YORK

10 NORTH ROOSEVELT

P.O. BOX 500

MICHAEL D. FUESSER

(803) 684-2341

EDWARD L. BROWN

STEPHANIE S. JARRETT Councilmember

Mayor

Councilmember

Councilmember S. DENISE LOWRY

JAMES W. BRADFORD, Jr.

Councilmember

STEVE A. LOVE

MARION L. RAMSEY

Mayor Pro Tem

Councilmember

MEMORANDUM

TO: Mayor and Council

FROM: Seth Duncan, City Manager

SUBJECT: Water & Sewer Rates

DATE: September 29, 2020

ISSUE Council recently adopted water and sewer rates for the Fiscal Year 2020-2021 budget through Ord. 20-631. Inadvertently, the rates for large water/sewer rates were not modified according to Council’s desire. Council is being asked to adopt Ordinance 20-638 which includes the correct water and sewer rates for large volume users. DISCUSSION The large-volume user rates should have been reflected as follows:

(c) For large-volume users on a single meter, a declining rate scale will be used, as follows:

Gallons/Month Water Sewer Water/Sewer Outside*

0-500,000 4.74/1000 4.74/1000 $ 9.48/1000 500,001 - 1,000,000 4.16/1000 4.16/1000 6.24/1000 1,000,001 - 2,000,000 3.97/1000 3.97/1000 5.97/1000 2,000,001 - 3.80/1000 3.80/1000 5.71/1000

RECOMMENDATION Staff recommends Council adopt Ordinance 20-638 to establish large-volume water/sewer rates in alignment with Council’s desire as adopted in the Fiscal Year 2020-2021 budget.

STATE OF SOUTH CAROLINA ) ) CITY OF YORK COUNTY OF YORK )

ORDINANCE 20-638

AMENDING THE CODE OF ORDINANCES BY REVISING CHAPTER 44, UTILITIES, ARTICLE II, RATES AND CHARGES, AS PERTAINS TO WATER AND SEWER RATES

BE IT ORDAINED by the York City Council on the dates hereinafter set forth, that Chapter 44, Utilities, Article II, Rates and Charges, Sec. 44-41, Water rates, and Sec. 44-43, Sewer rates, be amended as follows: There shall be a base rate of twenty-six dollars and twenty-two cents ($26.22) per month for each dwelling or living unit, whether all of said units are located within one building or in separate buildings, and providing that the units are located within the corporate limits of the City of York.

There shall be a base rate of twenty-six dollars and twenty-two cents ($26.22) per month for each dwelling or living unit, whether all of said units are located within one building or in separate buildings, and providing that the units are located outside the corporate limits of the City of York.

Sec. 44-41. Water rates. (a) Water rates shall be as follows: Inside City Limits Outside City Limits 1,000 gallons 4.74 9.48

(b) No change.

(c) For large-volume users on a single meter, a declining rate scale will be used, as follows: Gallons/Month Water Sewer Water/Sewer Outside* 0-500,000 4.74/1000 4.74/1000 $ 9.48/1000 500,001 - 1,000,000 4.16/1000 4.16/1000 6.24/1000 1,000,001 - 2,000,000 3.97/1000 3.97/1000 5.97/1000 2,000,001 - 3.80/1000 3.80/1000 5.71/1000

(d) Residential Base Rate 26.22 (e) Non-Residential Base Charge 5/8 or 3/4 inch 36.00 1.0 inch 60.00 1.5 inch 120.00 2.0 inch 192.00 3.0 Inch 264.00 4.0 inch 324.00 6.0 inch 600.00 8.0 inch 960.00 10.0 inch 1500.00

Sec. 44-43. Sewer rates. (a) Sewer rates shall be as follows: Inside City Limits Outside City Limits 1,000 gallons 4.74 9.48

(b) No change.

(c) For large-volume users on a single meter, a declining rate scale will be used, as follows: Gallons/Month Water Sewer Water/Sewer Outside* 0-500,000 4.74/1000 4.74/1000 $ 9.48/1000 500,001 - 1,000,000 4.16/1000 4.16/1000 6.24/1000 1,000,001 - 2,000,000 3.97/1000 3.97/1000 5.97/1000 2,000,001 - 3.80/1000 3.80/1000 5.71/1000

* Outside rates for large-volume users are calculated at 1.5x the inside rates.

Michael D. Fuesser, Mayor

ATTEST: Municipal Clerk First Reading: Public Hearing: Second Reading:

MEMORANDUM



SUBJECT: Manager’s Report

DATE: November 3, 2020 Downtown Improvements The City will beginning trimming trees on N. Congress soon. The crape myrtles have not been pruned in 4 or 5 years and when wet hang low enough to be snagged by large trucks. Though we do have large truck restrictions downtown, enforcement has been difficult. Trimming the trees will help prevent accidental breakage and lead to better growth. In addition to the tree trimming, lights will be restrung in the trees. As you know, lights were added to the trees several years ago, but due to tall truck traffic and low hanging limbs, we have lost several sets. We hope to have the lights rehung in time for the holidays on North and South Congress. Lastly, the island on S. Congress in front of Southern Touch Bakery has been without power for some time. Staff worked with Harper Electrical to identify the issue and make repairs. Power has been restored to the island which will aid in the running of lights to those crape myrtles. With these improvements we hope to see a noticeable difference on Main Street this fall. York Recreation Basketball Program on Hold At this time, our basketball program has been placed on hold due to the rise in COVID 19 infections in our area and is an indoor sport. Staff developed a survey which was sent to all of our program participants and posted on the recreation department’s Facebook page to help determine the amount of interest in our program this year. Results of the survey should be available for the November 3rd City Council meeting and will factor into any decisions. We are most concerned with the limited seating availability in our gym and the often times of standing room only during youth games. Limiting the number of spectators allowed in the gym would be very difficult to enforce and is a factor due to the size of our gym and building.

The decision to open the recreation center for free play has also been postponed until we have more information about our basketball program. More information concerning free play should be available in the coming weeks.

City Council Meeting October 2020

1 | P a g e

Date and time: Tuesday, October 6, 2020 06:00 PM Members Present : Mayor Mike Fuesser Councilmember Steve Love Mayor Pro Tem Ed Brown Councilmember Denise Lowry Councilmember Jim Bradford Councilmember Marion Ramsey Councilmember Stephanie Jarrett Participants: City Manager Seth Duncan Patricia Browning Finance Director Barbara Denny Melanie Campbell Events Coordinator/PIO Karen Fritz Charles Brewer Planning Director David Breakfield Keith Milem Police Chief Andy Robinson Wanda Milem Police Officer Teresa Washington-Foster Harold Boyd Recreation Director Carolyn Leake Earnest Partlow Utilities Director Ben Wright Jeff Ligon Kathleen Haley Brandon Pridemore Cindy Hull Alfred Jackson James Knight William Perkins Matthew Hickey Terri Kreger JJ Mattingly Dave Hall Beth Baker Emily Sutton Dale Baker Anne Witte Gary Shamp Carlton Brown Debbie Shamp Kristin Betlow Gary Good Bou Baker Terrie Good Amy Hagner Chris Holbert Tom Dickerson Kim Bailey

1. Welcome and Call To Order Mayor Mike Fuesser

2. Prayer Mayor Pro Tem Ed Brown

3. Pledge of Allegiance Mayor Mike Fuesser

4. Presentation

4.1 New Employee Recognition

Police Chief Andy Robinson introduced Teresa Washington-Foster as the newest police officer of the City of York police department. City Manager Seth Duncan introduced Ben Wright as the new utilities director.


2 | P a g e

4.2 A. C. T. Community Organization

Dr. Anne Witte spoke on behalf of the A.C.T. steering committee. The goal of this group is to deal with the issues of racial inequality and systemic racism. Bishop Jackson spoke about the sub-committees for A.C.T. and their goals.

4.3 Christmas Parade

Chris Holbert discussed YES’s plan for the Christmas parade. Chris Holbert discussed doing a shortened parade this year. Chris Holbert recommended changing the parade route and will have a revised plan in a few weeks. The tree lighting will take place after the parade. York School District One will not be participating in the parade. The Christmas parade and other holiday events will be live streamed.

5. Public Hearings

5.1 Second Reading, Ordinance 20-635, Conditionally Allow Guest Houses in the

R15 District There was no public comment.

6. Comments from the Public on Agenda Items Charles Brewer, JJ Mattingly, Gary Good, Terri Good, Dale Baker, Bou Baker, Kristen Betlow, Jeff Ligon, Tom Dickerson, Melanie Campbell, and Earnest Partlow all spoke in opposition to the Fergus Crossroads project.

Charles Bradford spoke in favor of the business license penalty refund request.

7. City Manager’s Report

7.1 City Park Update

City Manager Duncan reported that LWCF granted an extension for this project until December 31st. The expected completion date for this project is mid-November. City Council discussed the proposed sign for City Park and with unanimous consent would like their names removed from the sign for City Park.

8. Council Minutes: Regular, September 1, 2020, and Work Session, September 14, 2020

Mayor Pro Tem Ed Brown made a motion to approve both sets of minutes which was seconded by Councilmember Bradford. The motion passed with unanimous approval.

9. Monthly Financial Report Finance Director Barbara Denny

Finance Director Denny reported that the current report was for the time period ending August 31, 2020. The city is holding its own compared to the budget. Everything


3 | P a g e

financially is in good shape.

10. Old Business 10.1 Second Reading, Ordinance 20-635, Conditionally Allow Guest Houses in R15

District Councilmember Bradford made a motion to approve second reading of

Ordinance 20-635 which was seconded by Mayor Pro Tem Brown. The motion passed with unanimous approval.

10.2 First Reading, Ordinance 20-636, Annexation/PUD Rezoning Fergus Crossroads

Councilmember Bradford made a motion to untable first reading of Ordinance 20-

636 which was seconded by Councilmember Jarrett. The motion passed with unanimous approval.

Councilmember Bradford made a motion to adopt first reading of Ordinance 20-

636 which was seconded by Councilmember Jarrett. Councilmembers Lowry and Ramsey voted in opposition and Mayor Fuesser, Mayor Pro Tem Brown, and Councilmembers Bradford, Love, and Jarrett voted in favor of approving first reading of Ordinance 20-636. The motion passed.*

*Mayor Pro Tem Brown stated at the council work session on October 19th that

he voted in opposition to first reading of Ordinance 20-636. The motion still passed with a 4-3 vote.

11. New Business

11.1 First Reading, Ordinance 20-637, 2020 MASC Debt Setoff Program

Councilmember Bradford made a motion to approve first reading of Ordinance 20-637 which was seconded by Councilmember Ramsey. The motion passed with unanimous approval.

11.2 First Reading, Ordinance 20-638, Water & Sewer Rates

Councilmember Ramsey made a motion to approve first reading of Ordinance 20-638 which was seconded by Councilmember Love. The motion passed with unanimous approval.

11.3 Business License Penalty Refund Request

Councilmember Bradford recused himself from this matter as his brother is the attorney for the owner. Councilmember Jarrett made a motion, for the property owner, to have the penalties refunded for 2017, 2018, and 2019, but they should pay the penalties for 2020 all contingent upon obtaining a certificate of


4 | P a g e

occupancy which was seconded by Councilmember Ramsey. The motion passed with unanimous approval (6-0). Councilmember Jarrett made a motion, for the tenant, to have the penalties refunded for 2017, 2018, and 2019, but they should pay the penalties for 2020 all contingent upon correcting all of the fire code violations and obtaining a certificate of occupancy which was seconded by Councilmember Love. The motion passed with unanimous approval.

11.4 Approvals for Bids and Awards

• Fishing Creek WWTP Existing Roof System to ATD Restoration for $23,350 Councilmember Jarrett made a motion to award the bid to ATD Restoration which was seconded by Mayor Pro Tem Brown. The motion passed with unanimous approval.

11.5 Special Events

• Movie Under the Stars

City Manager Duncan discussed the upcoming movie event at the York Recreation Complex. There will be a limit of 250 attendees to this event due to current restrictions on events.

• Halloween

City Manager Duncan stated that the city will participate in scaled back events this year. The recreation dept. along with several local churches will be hosting a one-way drive thru trunk of treat at the recreation complex on October 31st. Councilmember Bradford made a motion that the city should notify the public regarding the trunk or treat event at the recreation complex and to encourage city residents to follow the CDC guidelines for Halloween activities and trick or treating which was seconded by Councilmember Jarrett. The motion passed with unanimous approval.

• WUCO Application

Councilmember Bradford made a motion to approve this application providing that the CDC, at the time of this event, allows this type of event to occur which was seconded by Mayor Pro Tem Ed Brown. The motion passed with unanimous approval.


5 | P a g e

• Christmas Parade Application

Councilmember Jarrett made a motion to approve the Christmas Parade application which was seconded by Mayor Pro Tem Brown. The motion passed with unanimous approval.

12. Mayor’s Report

Mayor Fuesser reported that the city currently has one opening each on the York County Natural Gas Authority Board and the York Housing Authority Board. Mayor Fuesser also reminded everyone that November 3rd is Election Day.

13. Adjourn

Councilmember Bradford made a motion to adjourn the meeting which was seconded by Mayor Pro Tem Brown. The motion passed with unanimous approval. The meeting was adjourned at 7:54 pm.

Respectfully Submitted,

Cynthia J. Wyatt Municipal Clerk

City Council Work Session & Special Called Meeting October 2020

1 | P a g e

Date and time: Monday, October 19, 2020 04:00 PM

Members Present : Mayor Mike Fuesser Councilmember Steve Love Mayor Pro Tem Ed Brown Councilmember Denise Lowry Councilmember Jim Bradford Councilmember Marion Ramsey Councilmember Stephanie Jarrett Participants: City Manager Seth Duncan Terri Good Asst. Fire Chief Brian Rose Gary Good Finance Director Barbara Denny Dale Baker Fire Chief Domenic Manera Beth Baker Planning Director David Breakfield Keith Milem Brandon Pridemore Mark Shirley Brady Sanford Lynette Shirley Melanie Campbell Charles Brewer Kristin Betlow Matt Hickey

City Council Work Session

1. Welcome and Call To Order Mayor Mike Fuesser

2. Prayer Mayor Pro Tem Ed Brown

3. Pledge of Allegiance Mayor Mike Fuesser

4. Discussions City Manager Seth Duncan

4.1 Fergus Crossroads

Brandon Pridemore was present to review a list of questions with city council that had been submitted to him. These questions were to address adjacent residents concerns. City Council also asked additional questions regarding this project.

4.2 New Street Rezoning Request

Brady Sanford was in attendance regarding this rezoning request. He would like to add 6-7 residential units to this parcel on New Street. These homes would be 1200-1300 square feet.

5. Adjourn

Councilmember Love made a motion to adjourn the meeting which was seconded by Councilmember Lowry. The motion passed with unanimous approval. The meeting was adjourned at 5:49 pm


2 | P a g e

City Council Special Called Meeting

1. Welcome and Call To Order Mayor Mike Fuesser 2. Second Reading, Ordinance 20-637, 2020 MASC Debt Setoff Program

Councilmember Bradford made a motion to approve second reading of Ordinance 20-637 which was seconded by Councilmember Ramsey. The motion passed with unanimous approval.

3. New Business

3.1 Municipal Judge Appointment Process

Mayor Fuesser discussed that the city currently has two vacancies for the city’s municipal judges. It was suggested that the city attempt to contract with York County, for the magistrates to cover for bond and warrant services, by extending our current agreement with them until we have new judges. Court dates can be delayed 1-2 months. The application deadline for these openings is November 4th.

3.2 Virtual Participation in Council Meetings

Currently the planning commission would like to continue to have the option to have members meet virtually. The planning commission can do this by amending their rules of procedure. Currently the virtual meeting option expires for city council on November 1st. Councilmember Lowry made a motion to extend the emergency ordinance to allow city council to meet virtually for the next 61 days which was seconded by Mayor Pro Tem Brown. The motion passed with unanimous approval.

4. Executive Session: To Discuss Personnel Matters Related to Municipal Judges

Councilmember Bradford made a motion to enter into executive session to discuss a personnel matter related to the municipal judges which was seconded by Councilmember Ramsey. The motion passed with unanimous approval.

5. Upon Returning to Open Session, Council May Take Action on Matters Discussed in

Executive Session Councilmember Jarrett made a motion to return to open session which was seconded by Councilmember Ramsey. The motion passed with unanimous approval. There was no action taken.


3 | P a g e

6. Adjourn Mayor Pro Tem Brown clarified that he voted against the Fergus Crossroads project at the last council meeting and would like for the minutes to reflect this statement. Mayor Pro Tem Brown made a motion to adjourn the special called meeting which as seconded by Councilmember Ramsey. The motion passed with unanimous approval. The meeting was adjourned at 6:32 pm.

Respectfully Submitted,

Cynthia J. Wyatt Municipal Clerk

MEMORANDUM



SUBJECT: Ordinance 20-640, Duke Energy Municipal Service Agreement

DATE: November 3, 2020

ISSUE Council is being asked to consider an ordinance to adopt a new Municipal Service Agreement with Duke Energy. DISCUSSION Duke Energy is requesting the City to renew its Municipal Service Agreement. The agreement, which is a non-exclusive franchise agreement, allows Duke to provide electricity service in and around the City. The agreement was last adopted/updated in 2008. The original term of the agreement was set to expire in 2019, but there is a provision for automatic renewal for an additional five years. Though we are in the automatic renewal, Duke would like us to update the dates anyway. There is no change to the 5% franchise fee, only the effective dates. The new agreement, like the old, will need two readings and a public hearing. RECOMMENDATION Staff recommends Council approve the agreement as presented.

STATE OF SOUTH CAROLINA ) ) CITY OF YORK

COUNTY OF YORK )

ORDINANCE 20-640

AN ORDINANCE ADOPTING THE MUNICIPAL SERVICE AGREEMENT FOR THE PROVISION OF ELECTRIC SERVICE BETWEEN THE CITY OF YORK AND DUKE ENERGY CAROLINAS, LLC

WHEREAS, the York City Council approved a Municipal Service Agreement for the

provision of electric service on July 1, 2008 between the City and Duke Energy; and

WHEREAS, the York City Council set as part of Ordinance 08-480 a franchise fee of

five percent (5%) of the Company’s gross electric receipts from the sale of electricity by the Company from within the corporate limits of the City; and

WHEREAS, the existing agreement had set an initial term of agreement with provisions

for automatic renewal until termination, modification, or renewal and has since expired; and

WHEREAS, the York City Council desires to continue granting such rights to the

Company in accordance with the provisions of a newly developed Municipal Service Agreement.

NOW, THEREFORE BE IT ORDAINED in Council assembled on the dates hereafter set forth that York City Council does herewith enter into a Municipal Service Agreement for the Provision of Electrical Service with Duke Energy Carolinas, LLC as attached hereto as Attachment A.

DONE IN COUNCIL ASSEMBLED on the dates hereafter set forth.

Michael D. Fuesser, MAYOR

ATTEST: Municipal Clerk

First Reading:

Public Hearing:

Second Reading:

ATTACHMENT A

1

THIS MUNICIPAL SERVICE AGREEMENT FOR THE PROVISION OF ELECTRIC SERVICE (this “Agreement”), made and entered into this the 1 day of December (the “Effective Date”), by and between Duke Energy Carolinas, LLC, a North Carolina limited liability company, duly domesticated in the State of South Carolina (“Company”) and the City of York, a municipality incorporated under the laws of the State of South Carolina (the “City”). Company and the City agree as follows:

1. As a payment for the rights enumerated hereinafter for the term of this Agreement, Company will pay to the City, during the term of this Agreement, on or before the sixtieth (60th) day following the end of each calendar quarter, a sum of money equal to five percent (5%) of Company’s gross electric receipts from the sale of electricity using approved electrical rates, derived by Company from within the corporate limits of the City, for the previous calendar quarter. If the first period of service is less than a full calendar quarter, Company shall make the gross receipts payment to the City for that part of the calendar quarter the Agreement was in effect.

2. During the term of this Agreement, the City reserves the right to adjust the fee upon a vote by the City Council, and will provide one hundred twenty (120) calendar days’ prior notice of such adjustment to Company.

3. The payment of the percentage of gross electric receipts as provided in Section 1 shall be in lieu of all occupation, license, gross receipts, excise, franchise and all other levies or taxes, however designated, and in full payment of all such money demands and charges on such accounts. The Company shall still pay ad valorem taxes on Company’s property, and standard building permit fees in amounts established by the City through its ordinances, regulations and practices that are otherwise applicable.

4. the City hereby consents to Company’s use of all public streets, avenues, alleyways, and public rights-of-way, however designated, for the provision of electric service to the City and its inhabitants and for the maintenance and operation of Company’s facilities within the corporate limits, the City grants its consent to Company to construct and install, operate, maintain, renew, replace and repair its electrical distribution and transmission lines, poles, conduits, transformers, communications cables, and connections and services thereto, and to operate, maintain, renew, replace and repair any existing distribution and transmission lines, over, across, along and under the public streets, avenues, roads, alleys, and other public rights of the way in the City for the transmission, distribution, and sale of electricity and its own internal communications purposes, subject to the terms and conditions of this Agreement and any applicable municipal ordinances. PROVIDED, however, that no consent is granted hereby for the use of any public streets, avenues, roads, alleys, or other

MUNICIPAL SERVICE AGREEMENT FOR THE PROVISION OF ELECTRIC

SERVICE

STATE OF SOUTH CAROLINA

CITY OF YORK

) ) )

2

public rights of way in the City for the construction of any transmission line unless that transmission line is specifically necessary for and will be used primarily as an integral part of the electric distribution system serving electricity within the corporate limits of the City, PROVIDED FURTHER, however, that in the case of any transmission line annexed into the City after the Effective Date of this Agreement, Company shall have the consent of the City to use the public streets, avenues, roads, alleys, or other public rights of way in the city for the continued maintenance and operation of such line. AND FURTHERMORE, that in the event of annexation of any territory into the City within which Company has filed with the Federal Energy Regulatory Commission or the Public Service Commission of South Carolina (the “Commission”) for approval of the design, routing, siting, and construction of a transmission line not necessary for or intended to be used as an integral part of the electric system for provision of the electricity within the City limits and so long as Company agrees to minimize to the maximum extent possible any possible adverse impact within the City, and to perform the work in accordance with ordinances applicable to all other such construction and utility work within the City Limits, then no further consent of the City shall be necessary for the use of public streets, avenues, roads, alleys, or other public rights of way in that annexed territory for the construction, maintenance, and operation of that transmission line. The parties hereto may make additional contracts not in conflict with this Agreement for the furnishing of said electric energy in accordance with the state law, and under the rates and regulation of, or approval by, the Commission.

5. The Company’s right to use public rights-of-way shall be non-exclusive. Should the City itself ever at any time construct, purchase, lease, acquire, own, hold, use, or operate a transmission or distribution system to supply electricity to itself or to others, or should the City grant to another provider of electric service the right to use public rights-of-way for the transmission or distribution of electricity, then all such occupants and users of the rights-of-way shall also be required to receive permission from the City for such occupancy and use and shall pay the same percentage fee on gross receipts as Company, so that Company will not be at a competitive disadvantage as a consequence of the fee required by this Agreement.

6. All work upon the streets and public rights-of-way of the City shall be done under the general supervision and in compliance with applicable ordinances of the City. All street pavement, sidewalks, curb, gutter, sewer, and storm drain facilities, and all appurtenances of any type which may be displaced by reason of such work shall be properly replaced and re-laid by Company to the reasonable satisfaction of the City. If the City or the State of South Carolina determines that it is necessary to reconstruct, widen, or relocate a road or other public right-of-way, the City may require Company at Company’s sole expense to relocate its facilities then located in the public right-of-way to an acceptable alternate location within the public right-of-way, as reconstructed, widened, or relocated. If Company’s equipment is located on a private property at the time relocation is required by the City’s reconstruction, widening, or relocation of the public right-of0way, then the City shall pay for the cost of the relocation of any Company equipment located on private property. This provision on expense allocation shall not require the City to pay for the expense of relocation of facilities located on private property when the right-of-way change is one requires by the State of South Carolina. Nor shall Company be obligated to incur

3

expenses for the relocation of it facilities when the sole basis for relocation is the aesthetic preference of the City, unrelated to infrastructure improvement for public health and safety, or for project specific economic development.

7. In the event that Company’s electric service shall be wholly or partially interrupted or suspended, or shall fail due to any cause reasonably beyond the control of Company and not due to its neglect, or in the event that Company shall deem it necessary to suspend said service for the purpose of inspecting its lines, substations, or other equipment, or making repairs or alterations thereto, Company shall not be obligated to provide said service during and such period of interruption, suspension, or failure, and shall not be liable for any damage or loss resulting therefrom.

8. It is expressly agreed that Company does not hereby contract to furnish power for pumping water for extinguishing fires. It is expressly agreed that Company shall not, in any event, be liable to the City for any loss or damage occasioned by fire which may result from the failure of Company to supply electric power to operate any pumping apparatus.

9. It is understood and agreed that this Agreement and all service rendered hereunder are subject to the Rules and Regulations of the Commission and the Service Requirements filed by Company with the Commission, as the same now exist, or any of them may be hereafter amended, modified, changed, or annulled in accordance with the laws and regulations thereto pertaining but only to the extent such rules and regulations may be applicable within municipal limits. All service rendered to the City by Company shall be in accordance with the Rate Schedules, Service Regulations, Underground Distribution Installation Plan, Municipal Overhead to Underground Conversion Plan, and underground plans and forms on file with the Commission.

10. Whenever Company owns real property which is outside the corporate limits of the City but which becomes eligible for annexation under any procedure authorized by the general law of the state, then this Agreement shall constitute written consent by Company for the annexation of its eligible property.

11. The initial term of the Agreement shall be ten (10) years, with an effective date of December 1, 2020, and a termination date of December 1, 2030 (the “Initial Term”). Thereafter, this Agreement will automatically renew in for successive five-year (5-year) increments, unless either party provides the other with written notice of non-renewal at least one hundred eighty (180) days prior to the date of the next automatic renewal (each a “Renewal Term,” and the Initial Term and any Renewal Term or Renewal Terms shall be referred to collectively as the “Term”). Should such notice be given by either party, the parties agree to negotiate, in good faith, modifications to this Agreement. In any case this Agreement shall not be extended past December 1, 2035.

12. If the South Carolina General Assembly enacts legislation which deregulates or otherwise restructures the generation and distribution of retail electrical service in this state, then Company and the City agree to discuss modification to this Agreement. Failure to agree on modifications between one hundred eighty (180) and ninety (90) days of the effective date

4

of the legislation, will entitle either Company or the City to terminate this Agreement with ninety (90) days written notice to the other party. Upon the termination or expiration of this Agreement, all sums due to the City which have accrued but which have not been paid, shall become due and payable within sixty (60) days of the last day of the month in which termination or expiration occurs.

13. Implementation of this Agreement and the application of its terms shall be made in good faith by the parties and in accord with such additional terms they may mutually agree to in writing for that purpose.

14. As of the Effective Date, all prior Agreements of any other type, however designated, which relate to the provision of electric service by Company to the City or which pertain to the use of public right-of-way within the City shall become null and void, except to the extent the provisions contained therein are separately renewed in this Agreement or in any collateral Agreement permitted by this Agreement.

15. Whenever this Agreement requires or permits that notice be given by one party to another, such notice shall be in writing and deemed given (a) when delivered in person to the other party; or (b) when deposited with either a nationally recognized courier or the U.S. Postal Service, addressed as follows:

City: City of York Attn: City Manager 10 N. Roosevelt Street York, SC 29745 Company: Duke Energy Carolinas, LLC Attn: Richard ‘Rick’ Jiran Vice President, Community Relations Duke Energy South Carolina 107 East Liberty Street York, SC 29745 With Copy to: Office of the General Counsel Attn: Christopher King 550 S. Tryon Street, DEC45A Charlotte, NC 28202

16. This Agreement shall be governed by the laws of the state of South Carolina without regard to the conflicts of law provisions therein.

17. This Agreement contains the complete understanding of the parties and shall supersede any

prior and contemporaneous communications, agreements, and assurances related to the

5

subject matter of this Agreement. Any modification of this Agreement must be agreed to in writing and signed by the parties.

18. The failure of Company in any one or more instances to insist upon compliance with any

provision or covenant herein or to exercise any right or privilege herein shall not constitute or be construed as a waiver of such or any similar provision or covenant.

19. City’s indemnification obligations set forth in this Agreement shall survive the expiration

of this Agreement.

6

IN WITNESS WHEREOF, this Agreement has been duly executed by City and Company under seal as of the day and year first above written. City: (SEAL) By: (SEAL) Name: Title: Company: DUKE ENERGY CAROLINAS, LLC (SEAL) a North Carolina limited liability company By: (SEAL) Name: Title:

MEMORANDUM



SUBJECT: Ordinance 20-641, York Electric Coop Franchise Ordinance


ISSUE Council is being asked to consider an ordinance to adopt a new franchise rate with York Electric Cooperative. DISCUSSION In 2008, as Council was considering updating/renewing Duke Energy’s MSA, it also adopted a new Franchise Ordinance with York Electric Cooperative at the same time. The terms of the agreement are similar, but the effective dates are different. The City’s agreement with York Electric was adopted for an initial term of 7 years with an automatic renewal of five years. While YEC doesn’t believe a new agreement is necessary, they do agree that there is some language that needs to be updated. For instance, the franchise rate in the ordinance reads, “three (4%)”. YEC is currently remitting 4%, but the language needs amending. The ordinance being considered by Council modifies the rate to 5% to keep it consistent with other franchise agreements. Duke Energy’s agreement was modified in 2008 from 4.5% to 5%. The ordinance being presented will need two readings and a public hearing. If adopted, the new rate would be effective January 1, 2021. RECOMMENDATION Staff recommends Council approve the agreement as presented.

STATE OF SOUTH CAROLINA ) ) CITY OF YORK

COUNTY OF YORK )

ORDINANCE 20-641

AN ORDINANCE AMENDING THE FRANCHISE ORDINANCE BETWEEN YORK ELECTRIC COOPERATIVE, INC. AND THE CITY OF YORK FOR THE PROVISION OF ELECTRIC SERVICE

WHEREAS, the York City Council approved a Franchise Ordinance for the provision

of electric service on July 1, 2008 between the City and York Electric Cooperative, Inc.; and

WHEREAS, the York City Council desires to continue granting such rights to the

Cooperative in accordance with the provisions of the Franchise Ordinance by amending the franchise rate.

NOW, THEREFORE BE IT ORDAINED by the City Council of York, South Carolina that the Franchise Ordinance entered into July 1, 2008 between the CITY OF YORK, a municipal corporation, and YORK ELECTRIC COOPERATIVE, INC, will be modified such that the gross revenues payment changes from 4% to 5% effective January 1, 2021. All other parts of the Franchise Ordinance remain unchanged.

DONE IN COUNCIL ASSEMBLED on the dates hereafter set forth.

Michael D. Fuesser, MAYOR

ATTEST: Municipal Clerk

First Reading:

Public Hearing:

Second Reading:

MEMORANDUM



David Breakfield, Planning Director

SUBJECT: Rezoning 2.823 acres from Mixed Use to R7 Residential District

DATE: October 26, 2020

DISCUSSION Brady Sanford has submitted a rezoning application regarding the property referenced by tax map # 070-13-08-010 and located at the intersection of Hill St. and New St. The applicant desires to rezone the property from MU – Mixed Use to R7 – Residential in order to build 6 homes.

The Planning Commission, at a recent meeting, evaluated the request and found that:

• With the current zoning classification, larger residential lots are allowed along with certain lower-impact commercial uses. In the past, the property was previously rezoned to MU at the request of the property owner due to a stated desire to potentially use the property for commercial purposes.

• The Future Land Use Map in the 2019 Comprehensive Plan recommends that the property be used for small-lot residential. The requested zoning classification would enable the property to be developed in accordance with the future land use map.

• With the exception of a nearby SCDOT-used property, most of the surrounding area is used for small-lot residential development; therefore this development would conform to area standards.

The Planning Commission voted 6-0 in favor of the project.

City Council met on October 19 to discuss this project and asked questions of the applicant.

As with any rezoning application, the Planning Commission provides a recommendation to City Council. City Council then evaluates the project, holds two readings of the ordinance to rezone, and schedules a public hearing.

The Public Hearing is scheduled for Tuesday, December 1st at 6pm during Council’s regular monthly meeting.

RECOMMENDATION Staff recommends Council approve the Ordinance as drafted.

STATE OF SOUTH CAROLINA ) ) CITY OF YORK COUNTY OF YORK )

DRAFT ORDINANCE 20-642 AMENDING APPENDIX A, ZONING ORDINANCE AND OFFICIAL ZONING MAP BY REZONING PROPERTY REFERENCED BY YORK COUNTY TAX MAP ID NUMBER 0701308010 FROM MU- MIXED USE TO R7 - RESIDENTIAL

WHEREAS, the York City Council and Planning Commission find that a rezoning application has been received for property referenced by York County Tax Map Identification # 0701308010 and located at the intersection of Hill Street and New Street;

WHEREAS, the York City Council and Planning Commission find that the Official

Zoning Map may be revised if the proposed change is found to be in compliance with the Comprehensive Plan; and

WHEREAS, the York City Council and Planning Commission find that the proposed

rezoning application complies with the Comprehensive Plan since the future land use map calls for the subject area to be used for small-lot residential development.

NOW THEREFORE, BE IT ORDAINED in Council assembled on the dates hereafter set forth that the York City Council does herewith amend Appendix A, Zoning Ordinance and Official Zoning Map by rezoning the property identified by tax map identification # 0701308010 from MU- Mixed Use to R7 – Residential. MICHAEL D. FUESSER, MAYOR ATTEST: Municipal Clerk First Reading: ________________________ Public Hearing: ________________________ Second Reading: ________________________

MEMORANDUM



SUBJECT: Supplemental to Intergovernmental Agreement with York County


ISSUE Council is being asked to consider a temporary Supplemental to the existing Intergovernmental Agreement with York County for the City to utilize County Judges for bond hearings, warrant services, and other judicial services. DISCUSSION With the pending retirement and resignation of both City Judges, the City will be without judicial services starting Friday, November 6th. The existing Intergovernmental Agreement with York County provides for bond hearings, warrant signing and other judicial services from 5pm on Fridays until 8am on Mondays. The supplemental agreement would expand these weekend services to around the clock from November 6th until January 11, 2021. Under this agreement, the York Police Officers will have 24 hour access to County Magistrate Judges at Moss Justice Center to issue arrest warrants, conduct bond hearings, and other judicial activities. The City agrees to compensate the County at a rate of $355 per week for these services. This agreement is limited in scope in that the agreement does not provide the City with access to Judges for Municipal Court purposes. Due to the ongoing judicial selection and appointment process, the City will be postponing Court until January 2021. County Council will be considering this supplemental agreement on Monday, November 2nd during their regular meeting. RECOMMENDATION Staff recommends Council approve the agreement as presented.

1 | P a g e

STATE OF SOUTH CAROLINA ) SUPPLEMENTAL ) INTERGOVERNMENTAL COUNTY OF YORK ) AGREEMENT

Whereas the County of York, a body corporate and politic, hereinafter referred to as “County” and the

City of York, a body corporate and politic, and existing under the laws of the State of South Carolina,

hereinafter referred to as “City” (collectively, “the Parties”) entered an Intergovernmental Agreement

dated October 3, 2011 (“IGA”) for purposes of the City receiving weekend magistrate services in

furtherance of issuing City warrants, conducting bond hearings, and performing such other duties

associated with these magistrate services (“Services”);

Whereas, the Parties now seek to enter this Supplemental IGA (“SIGA’), for purposes of temporarily

supplanting the terms and conditions of the IGA so that Services can be expanded throughout the seven-

day work-week, for a limited period of time during which supplemental services shall commence on

Friday November 6, 2020 at 5:00 p.m. and expire on Monday January 11, 2021, at 8:00 a.m.

Now therefore, in consideration of the mutual promises and covenants herein, the receipt and

sufficiency of which is hereby acknowledged, the Parties hereby enter this SIGA as of the later date

provided by the signature blocks below, as follows:

1) PURPOSE: This amendment confirms and reduces to writing an understanding reached by

County and City as to County Magistrate Judges issuing arrest warrants for the City, conducting

bond hearings for the City, where necessary, and doing any other matter relative and necessary

and required as to the issuing of such warrants and conducting such bond hearings, as set forth

hereafter from November 6, 2020 until expiration on January 11, 2021.

2) County agrees that Magistrate Judges for York County are on duty at the Moss Justice Center and

will be available to issue arrest warrants and conduct bond hearings when necessary for the City

including doing other related matters required and the issuance of warrants and the conducting of

bond hearings in such service will be available continually until the expiration of this amendment.

3) City agrees that City Police Officers will be available at Moss Justice Center for the issuance of

warrants and the conducting of hearings when necessary and required by the County Magistrate

Judge.

2 | P a g e

4) Further, the City agrees to compensate the County for services described by this agreement in the

amount of $ 350.00 per week and to be payable on or before the 5th day of each month until this

amendment expires, and such amount to be distributed by County in equal shares to the

Magistrate Judges appointed to carry out the judicial responsibilities required by this agreement.

Additionally, City agrees to pay County in the amount of $ 5.00 per week to compensate County

for the use of supplies, facilities, and equipment required to carry out the services described by

this agreement, and to be payable on or before the 5th day of each month until this amendment

expires.

5) During the pendency of this SIGA, the payment obligations expresses within the IGA are

subsumed within the payment obligations set out in Section 4, supra.

6) Upon the termination of this SIGA, the IGA shall be restored and continue in full force and

effect, until otherwise amended or terminated.

This amendment shall be effective November 6, 2020.

CITY OF YORK

Dated By: Seth Duncan, City Manager

Attest: ________________________________

YORK COUNTY

Dated By: R. Michael Johnson, Jr., Chairman York County Council

Attest: _______________________________ David E. Hudspeth, York County

Manager

Documents

CITY OF YORK