Standing Committee

Town of Summerville, sc Standing Committees of Council Monday, January 8, 2024 – 5:30PM Council Chambers – Annex Building – 200 South Main Street AGENDA 1. Parks and Recreation Committee: Bob Jackson, Aaron Brown, Kima Garten-Schmidt Staff Liaison: Amy Evans a. Authorization to renew agreement with Dean’s Meaner Wieners for 2024 concession operations. b. Review of proposed splash pad operating hours and procedures. 2. Planning and Development Committee: Bob Jackson, Tiffany Johnson-Wilson Staff Liaison: Jessi Shuler a. Request to rezone TMS#s 137-09-01-008 and 137-09-01-050, located at 801 Central Avenue, totaling approximately 0.73 acres, and owned by Tyrone Jeffrey Myers & Bernard Alfonso Myers, from GR-5, General Residential (5 units/acre), to N-B, Neighborhood Business. (Council District 1). Planning Commission held a public hearing and made a recommendation for approval at their meeting on December 18, 2023. b. Proposed amendments to the Town of Summerville Code of Ordinances, Chapter 20, Planning and Development, Article VI, Summerville Open for Business Program. Planning Commission held a public hearing and made a recommendation for approval at their meeting on December 18, 2023. 3. Public Safety Committee: No meeting for January Aaron Brown, Richard Waring, Tiffany Johnson-Wilson Staff Liaisons: Chief Doug Wright and Chief Brent Melcher Standing Committee Meetings - Page 2 – January 8, 2024 4. Public Works and Committee on Water Supply: No meeting for January Kima Garten-Schmidt, Richard Waring Staff Liaison: Bonnie Miley 5. Finance Committee: a. Presentation of December 2023 Financial Reports b. Authorization to approve the purchase of thirteen Dodge Durangos with equipment from Santee Automotive for $810,994.68. These funds will come from the general fund. The requested vehicles are the remaining thirteen approved for the FY 23/24 budget. This request is for the police department and is based on state contract pricing. c. Request to award contract for Springview Lane Drainage Improvement Project to Carver Maritime for $387,874.77. The Funding for this project is to come from SC Rural Infrastructure Authority Grant in the amount of $340,422 with the remainder of $47,452.77 (Town match) to be funded from Budgeted Expenditures within our Stormwater Management Fund. d. Authorization to surplus and sell Parks & Recreation vehicle #R60 a 2000 CHEVY 3500 with 120,181 miles. e. Finance Committee Executive Session –n/a f. Other Business 1. Action to be taken by Finance Committee related to Executive Session g. Discussion of Proposed / Upcoming Council Agenda Items h. Adjourn from Finance Committee  AGREEMENT This Agreement is made between the Town of Summerville (Town) and Dean’s Meaner Wieners to operate the Concession Stand located at the Jerry Blackwell Sports Complex, 515 W. Boundary St., Summerville, SC for the year 2024. WHEREAS, The Town of Summerville has entered this contract for the sole purpose of outsourcing its main concession stand at the Jerry Blackwell Sports Complex for a fee, and WHEREAS, Dean’s Meaner Wieners is desirous of being given the authority to operate said Concession Stand and pay a fee to the Town, and WHEREAS, The Town through its Parks and Recreation Department (Department) offers a variety of seasonal sports leagues where food and drinks for participants and spectators can be offered for purchase at reasonable prices, and WHEREAS, The Town through its Department has the authority in its sole discretion to award the contract, and WHEREAS, The Town and Dean’s Meaner Wieners desire to memorialize the terms and conditions of their Agreement and set forth guidelines and responsibilities of each party. NOW THEREFORE, the parties agree as follows: 1. The above introduction and recitals are hereby incorporated herein to the same extent as if set out verbatim. 2. This Agreement is for the year 2024 and will terminate on December 31, 2024 unless renewed by mutual agreement of the parties. 3. In addition to Monday thru Thursday, Dean’s Meaner Wieners understands games are played on weekends and Saturdays on a seasonal basis and must be able to operate the Concession Stand at all times as set forth below. 4. Dean’s Meaner Wieners understands and agrees it must obtain a Town Business License, satisfy all South Carolina Department of Health and Environmental Control requirements, and all Town Fire Department requirements prior to the commencement of this Agreement. 5. Dean’s Meaner Wieners shall pay a One Thousand and no/100 Dollars ($1,000.00) security deposit at the time this Agreement is executed. Any Town-owned equipment that is damaged and the additional charges related to the repairs of said equipment will result in the forfeiture of the security deposit. The removal of any equipment from the facility shall result in the forfeiture of the security deposit plus any additional costs for the removed and non-return of said items. 1 6. Fee: Dean’s Meaner Wieners shall pay One Thousand and no/100 Dollars ($1,000.00) to the Town for the Spring 2024 Season which begins in late March and runs for approximately Nine (9) weeks; and, One Thousand and no/100 Dollars ($1,000.00) for the Fall 2024 Season which begins in early September and runs approximately Nine (9) weeks. Dean’s Meaner Wieners understands the length of the seasons may vary depending on the number of participants and other unforeseen circumstances. 7. It is understood and acknowledged that in providing the services contemplated under this Agreement, Dean’s Meaner Wieners acts in the capacity of an Independent Contractor and not as an employee or agent of the Town. Dean’s Meaner Wieners will control the conditions, time, details, and means by which it performs the Services set forth under this Agreement. Neither party will have the authority to commit the other party or bind the other party to any obligation or liability or to act for or on behalf of the other party. 8. Dean’s Meaner Wieners: (a) must meet Town and State Health Department guidelines to include health permits; (b) is required to follow all Town as well as Parks and Recreation Department policies, rules and regulations; (c) must keep the concession building and grounds clean and free of litter; (d) One person on site must have a SERV Safe Certification issued by the National Restaurant Association. 9. The Town shall not be liable for taxes, Worker’s Compensation, unemployment insurance, employer’s liability, employer’s FICA, social security, withholding tax, or other taxes or withholding for or on behalf of Dean’s Meaner Wieners in performing services under this Agreement. All such costs shall be Dean’s Meaner Wieners’ responsibility. 10. Dean’s Meaner Wieners: (a) is subject to and will be required to pay a Hospitality Tax to the Town; and, (b) is required to have a Town Business License. 11. The Dean’s Meaner Wieners may not bring any type of grill (gas or charcoal), deep fryer or any type of appliance to cook inside or outside the concession building or concession areas including food trailers without prior written consent. 12. In the event a lawsuit or claim is made against the Town, Dean’s Meaner Wieners hereby indemnifies and holds harmless the Town, its subsidiaries, and affiliates, and their officers and employees, from any damages, claims, liabilities, and costs, including reasonable attorney’s fees, or losses of any kind or nature whatsoever (“Loss”) which may in any way arise from the Services performed by the Dean’s Meaner Wieners while performing the services of this Agreement, including the warranties set forth herein. The Town shall retain control over the defense of, and any resolution or settlement relating to, such Loss. The Dean’s Meaner Wieners will cooperate with the Town and provide reasonable assistance in defending any such claim. 13. Dean’s Meaner Wieners may not, without the written consent of the Town, assign, subcontract, or delegate its obligations under this Agreement. 2 14. This Agreement does not include permission to operate a self-contained food truck. In the event Dean’s Meaner Wieners desires to operate a self-contained food truck, it will require a separate signed written agreement. 15. All staff that works for Dean’s Meaner Wieners at the Jerry Blackwell Complex must complete a background check prior to working at the facility. A copy of each background check must be submitted to the Parks and Recreation Department staff prior to the commencement of services contemplated under this Agreement. 16. The Town will not allow price gouging but also recognizes Dean’s Meaner Wieners is entitled to reap a reasonable profit. Accordingly, the Recreation Department reserves the right to monitor all concession prices, as needed, and prevent patrons from being overcharged for concession items. Dean’s Meaner Wieners will submit a list of items, with prices, to be approved prior to the commencement of services contemplated under this Agreement. 17. Dean’s Meaner Wieners acknowledges days of operation may vary based on the number of teams in each league. Concessions during regular weekly league play must be fully operational and ready for the public thirty (30) minutes prior to the first scheduled game of the day/evening and close no earlier than thirty (30) minutes after the start of the last scheduled game or practice, unless the Dean’s Meaner Wieners deems it profitable to open earlier or close later. 18. The Dean’s Meaner Wieners shall have full responsibility for the purchase of all of its inventory, supplies, and related items, including, but not limited to, paper cups, napkins, and similar products. Each concession stand shall contain a conspicuous sign identifying Dean’s Meaner Wieners as its operator. 19. Termination: This Agreement may be terminated immediately for failure to correct a health or safety citation within the time allotted by the Authority issuing the Citation. Either party has the right to terminate this contract with written notice within ninety (90) days. For any termination, there shall be no refund of fees. DEAN’S MEANER WIENERS RESPONSIBILITY 20. The Town owned ice machine will be shared with the Dean’s Meaner Wieners. The Town will be responsible for any repair costs associated with the ice machine. 21. Kitchen equipment located at the Jerry Blackwell Sports Complex owned by the Town is available if needed and if used, the Town owned equipment will be repaired by Dean’s Meaner Wieners. Equipment beyond repair will be replaced by the Town of Summerville when required by normal wear and tear to the defunct equipment. 22. Dean’s Meaner Wieners must provide a contact person with phone number and email address to the Summerville Parks and Recreation Department designee. This 3 contact person must be available twenty-four (24) hours a day and seven (7) days of week in the event of an emergency, game cancellations, or other situation requiring immediate attention. 23. Dean’s Meaner Wieners is responsible for collecting all trash produced as a result of its operations, within a fifty (50) foot radius of each concession building. 24. Dean’s Meaner Wieners shall be responsible for the general appearance, maintenance, upkeep, and regular cleaning of the concession stands, equipment, and the immediate grounds. 25. Dean’s Meaner Wieners must provide adequate storage for all items during the off seasons. No Town owned facilities will be provided for any use to store and/all items owned by the Dean’s Meaner Wieners in between regular sports league play. 26. Dean’s Meaner Wieners is responsible for product security due to the limited space available at the concession stands. 27. All State and Federal labor laws must be adhered to when hiring. 28. The Dean’s Meaner Wieners must coordinate all menu items with the Recreation Staff. 29. Dean’s Meaner Wieners assumes entire responsibility and liability for losses, expenses, demands and claims in connection with or arising out of injury, or alleged injury (including death) to any person, while on the Concession Stand property of The Town of Summerville. Dean’s Meaner Wieners also assumes entire responsibility and liability for any damage sustained or alleged to have been sustained in connection with or to have arisen out of or resulting from the performance of the work/service by the Dean’s Meaner Wieners, it’s agents and employees, including losses, expenses or damages sustained by The Town. Dean’s Meaner Wieners agrees to indemnify and hold harmless The Town of Summerville, its officials, employees or volunteers from any and all such losses, expenses, damages, demands and claims and agrees to defend any suit or action brought against them, based on any such alleged injury or damage, and to pay all damages, cost and expenses in connection with or resulting there from. As an integral part of this Agreement, Dean’s Meaner Wieners agrees to purchase and maintain during the life of this Agreement, general liability insurance in the amount required set forth below and to furnish proper evidence thereof. All insurers must be licensed to do business in South Carolina and have a Best Rating of no less than A. Minimum limits of insurance Dean’s Meaner Wieners will maintain: (a) Commercial General Liability limits for bodily injury, personal injury or property damage $ 300,000 per occurrence $ 600,000 aggregate. (b) Automobile Liability: $ 300,000 combined single limit per accident for bodily injury and property damage. (c) Employers’ Liability: Employers’ Liability limits of 4  $1,000,000/$1,000,000/$1,000,000 per accident. (d) Workers’ Compensation: If required by the S.C. Worker’s Compensation Statute, coverage will be attained with limits as required by the laws of the State of South Carolina. The policies are to contain, or be endorsed to contain, the following provisions: (a) General Certificate of Liability and Automobile Liability Coverage’s will be (i) Policy will show the Town of Summerville as an Additional Insured. (ii) The Town, its officials, employees, and volunteers are to be covered as insured in respect to: liability arising out of activities performed by or on behalf of the Dean’s Meaner Wieners; products and completed operations of the Dean’s Meaner Wieners; premises owned, leased or used by the Dean’s Meaner Wieners; or automobiles owned, leased, hired or borrowed by the Dean’s Meaner Wieners. The coverage will contain no special limitation on the scope of protection afforded to The Town of Summerville, its officials, employees, or volunteers. (iii) Dean’s Meaner Wieners’ insurance coverage will be primary insurance in respect to The Town of Summerville, its officials, employees, and volunteers. Any insurance or self-insurance maintained by The Town of Summerville, its officials, employees, or volunteers will be in excess of Dean’s Meaner Wieners’ and will not contribute with it. (iv) Coverage will state that Dean’s Meaner Wieners’ insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Each insurance policy required by this clause will be endorsed to state that coverage will not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt request, has been given to the Town. 30. If the Town of Summerville is damaged by the failure of the Dean’s Meaner Wieners to maintain such insurance and to so notify the Town of Summerville, then the Dean’s Meaner Wieners will bear all reasonable costs properly attributable thereto. SIGNATURE PAGE TO FOLLOW 5 ENTERED INTO THIS DAY OF , 2024. DEAN’S MEANER WIENERS Address: Sign Name: Print Name: Cell Phone: Title: Work Phone: Date: TOWN OF SUMMERVILLE Amy Evans, Recreation Director Date Lisa Wallace, Town Administrator Date 6 Hours Splash pad hours are from 10am – 6pm daily. Schedule The splash pad will open each year starting with spring break and then operate weekends only until summer break commences. Once school resumes, the splash pad will be operated weekends only through the end of September. These dates will be determined by Dorchester District II’s school calendar. If the expected high temperature is less than 65 degrees, the splash pad will not be operated. Severe Weather Weather will be monitored by the Rollins Edward Community Center staff. If lighting strikes within 8 miles of the park, the splash pad will be turned off. After 30 clear minutes from the last strike, the splash pad will resume operations. Rules There is no lifeguard on duty. Use at your own risk. Surfaces may be hot. No food or drink on the splash pad. Alcohol is prohibited. Absolutely no glass objects, water balloons, or confetti allowed. Parents are responsible for supervising their children. No smoking or vaping within 50 feet of the splash pad. No skateboards, bicycles, scooters, or skates allowed on the splash pad. No electrical, gas, propane, or other flammable equipment allowed in the park without a permit. Adults must be accompanied by children. Children under the age of 12 must be accompanied by an adult. Use is prohibited by all persons having any contagious disease or diarrhea. Proper swim attire must be worn. No bathing allowed. Swim diapers are required for all children who are not potty trained. No climbing, hanging, swinging, or pulling on the equipment. Do not use the splash pad when lightning or thunder is present. Seek appropriate shelter during inclement weather. No running or rough play on the splash pad. Animals, including service animals, are not allowed on the spray pad. Be courteous to other users. No loud music in or surrounding the splash pad. Closing The Summerville Parks and Recreation Department reserves the right to close the splash pad at any time due to weather, maintenance, or other operational concerns without advanced notice. Cleaning Up Bodily Fluids Body fluids, including blood, feces, and vomit are all considered potentially contaminated with bloodborne germs. Therefore, spills of these fluids on the splash pad should be cleaned up and the contaminated surfaces disinfected immediately using an approved commercial disinfectant. Disinfectants should be used according to the manufacturer’s instructions and in compliance with CDC guidelines. Mayor Town Administrator Ricky Waring Lisa Wallace Councilmembers: Town Clerk Bob Jackson, Mayor Pro Tem Beth Messervy Russ Touchberry Aaron Brown Town Attorney Terry Jenkins G.W. Parker Kima Garten-Schmidt Memorandum To: Planning & Development Committee From: Jessi Shuler, Director of Planning Date: January 8, 2023 Subject 1: Staff Report for Rezoning of TMS#s 137-09-01-008 & -050, located at 801 Central Avenue, two lots totaling approximately 0.73 acres ________________________________________________________________ ISSUE The applicant is requesting the above referenced parcels be rezoned from GR-5 to N-B. BACKGROUND/DISCUSSION These properties are included in the Town’s ‘Mixed Residential’ District within the Summerville: Our Town, Our Future Comprehensive Plan as well as on the accompanying Future Land Use Map. The Mixed Residential designation includes both detached and attached single-family properties with a density between 5-12 units per acre. These are two of only four properties fronting Central Ave. on the south side of the road from the 700 block through the 900 block that is not zoned for either neighborhood or general business use (733 Central Ave. was just rezoned to N-B at the December 14th Council meeting). The property to the rear of 050 is zoned for residential use, so a 30-foot vegetated buffer will be required along that property line, but otherwise the properties are surrounded by N-B zoned properties. The property fronting Central Avenue (-008) has a small existing house, and the property behind that (- 050) is vacant, so any proposed development will have to go through the Town’s DRB as well. At the Planning Commission meeting, the representative for the applicants explained that these properties are adjacent to the Baker’s commercial property and with the frontage on that stretch of Central Avenue, commercial seemed to be a more viable use than single-family residential. No other public comment was provided during the public hearing. RECOMMENDATION Although the proposed zoning does not meet the Town’s Future Land Use Plan, given the surrounding zoning and the location of the property, the zoning of N-B is recommended for approval, as long as this property is developed in full conformance with the UDO standards and is compatible with the adjacent residential properties. Planning Commission made a recommendation for approval of the rezoning to N-B on a 4-0 vote. 200 South Main Street, Summerville, SC 29483-6000 * 843.871.6000, Fax: 843.871.6954 www.SummervilleSC.gov Subject 2: Staff Report for Amendment to Town Code Chapter 20 – Planning & Development, Article VI, Summerville Open for Business Program ________________________________________________________________ ISSUE This amendment is requested by the Town’s Economic and Community Development Director. In an effort to improve the Economic Development Incentive process for the Town, staff recommend the appeal of this ordinance. This should: 1. Streamline the process and provide more flexibility for our desired Economic Development Incentives within the Town. 2. Allow staff to craft economic development incentives tailored to each project. 3. Limit Economic Development Incentives to projects that align with the Town’s goals, objectives, and vision for the future. RECOMMENDATION Planning Commission did not receive any public comment at the required public hearing and recommended approval of the changes on a 4-0 vote. Staff also recommends approval. 200 South Main Street, Summerville, SC 29483-6000 * 843.871.6000, Fax: 843.871.6954 www.SummervilleSC.gov  The Town of Summerville Planning Commission Meeting Minutes December 18, 2023 This meeting of the Town of Summerville Planning Commission was held in the 3rd floor Council Chambers and was attended by Commission Members, Jim Reaves, Chairman; Charlie Stoudenmire; Elaine Segelken; and Kevin Carroll. Tom Hart; Jim Bailey; and Betty Profit were unable to attend. Staff in attendance included Jessi Shuler, Director of Planning, and Frank Neal, Director of Economic & Community Development. The public was invited to attend in person, or they viewed the meeting via live-stream. Jim Reaves, Chairman, called the meeting to order at 4:05 PM. Approval of Minutes: The Chairman asked if there were any edits or additions to the minutes from the meeting on November 20, 2023. Hearing none the minutes were approved as submitted. Public Hearings: The first public hearing opened at 4:06 PM and was for the request to rezone TMS#s 137-09-01-008 and 137-09-01-050, located at 801 Central Avenue, totaling approximately 0.73 acres, and owned by Tyrone Jeffrey Myers & Bernard Alfonso Myers, from GR-5, General Residential (5 units/acre), to N-B, Neighborhood Business. (Council District 1) Mr. Reaves introduced the item. The representative for the applicants, Sherry Swift, stated that the properties were for sale. She explained that the properties are adjacent to Baker’s, which is already commercial, and with the frontage on that stretch of Central Avenue, commercial seems like a more viable use than single-family residential. Hearing no further public comment, the public hearing was closed at 4:08 PM. RA D FT The second public hearing opened at 4:08 PM and was for the proposed amendment to the Town of Summerville Code of Ordinances, Chapter 20, Planning and Development, Article VI, Summerville Open for Business Program. Mr. Reaves introduced the request. Ms. Shuler explained that this change would streamline the incentive process and bring it more in line with the Town’s goals and vision for the future. Hearing no public comment, the public hearing was closed at 4:09 PM. Old Business There were no items under Old Business. New Business: The first item under New Business was New Street Names. Ms. Shuler stated that they did have one street name for the Sawmill Centre development apartments. The proposed name is Pine Branch Way. Mr. Carroll made a motion to approve the name as submitted, and Mr. Stoudenmire made the second. The motion passed unanimously. The second item under New Business was the request to rezone TMS#s 137-09-01-008 and 137-09-01- 050, located at 801 Central Avenue, totaling approximately 0.73 acres, and owned by Tyrone Jeffrey Myers & Bernard Alfonso Myers, from GR-5, General Residential (5 units/acre), to N-B, Neighborhood Business. (Council District 1) Mr. Carroll made a motion to recommend approval of the rezoning to Council, and Mr. Stoudenmire made the second. Ms. Segelken questioned if the GR-5 property behind these properties would still have access to Central Ave., as a lack of access would be concerning. Ms. Shuler responded that the rezoning would not change any legal access that currently exists. Hearing no further discussion, Mr. Reaves called for the question and the motion passed unanimously. The third item under New Business was the proposed amendment to the Town of Summerville Code of Ordinances, Chapter 20, Planning and Development, Article VI, Summerville Open for Business Program. Mr. Carroll made a motion to recommend approval to Council of the amendment, and Ms. Segelken made the second. The motion passed unanimously. Miscellaneous: Ms. Shuler reminded the Commission members about getting their required three hours of continuing education for the year. She also provided the 2024 schedule, which follows the same meeting date and time as previous years. Adjourn With no further business for the Commission, Ms. Segelken made a motion to adjourn with Mr. Stoudenmire making the second. The motion carried and the meeting was adjourned at 4:15 PM. Respectfully Submitted, Date: __________________________ Jessi Shuler Director of Planning Approved: _________________________________________________ Jim Reaves, Chairman or Jim Bailey, Vice Chairman FT RA D  Rezoning to N-B 732 CENTRAL AVE 715 100 CENTRAL ATLANTIC ST AVE 818 725 CENTRAL CENTRAL AVE Apt A1 AVE 727 A 725 CENTRAL CENTRAL AVE Apt B1 801 AVE CENTRAL 725 CENTRAL 725 CENTRAL AVE AVE Apt C1 725 CENTRAL AVE Apt H1 AVE 725 CENTRAL AVE Apt C3 725 Apt F4 813 CENTRAL 807 725 CENTRAL AVE AVE Apt E4 CENTRAL CENTRAL Apt D1 AVE AVE 725 CENTRAL AVE Apt D4 731 CENTRAL AVE 200 GERMANTOWN RD 124 130 A GERMANTOWN RD GERMANTOWN RD 128 GERMANTOWN RD 9/12/2023 1:1,690 0 0.01 0.02 0.04 mi Summerville Addresses GR-5 Rezoned at Summerville December 14, 2023 High Parcels Council meeting 60cm Imagery Resolution Zoning Districts N-B World Imagery Current rezoning request High Resolution 30cm Imagery 0 0.02 0.04 0.07 km Maxar, Microsoft AC PUD Low Resolution 15m Imagery Citations  ORDINANCE To Amend the Zoning Map of the Town of Summerville BE IT ORDAINED, by the Mayor and Town Council of the Town of Summerville in Council assembled that the two lots totaling approximately 0.73 acres owned by Tyrone Jeffrey Myers & Bernard Alfonso Myers located at 801 Central Avenue and known as Dorchester TMS#s 137-09-01-008 and 137-09-01- 050 be rezoned to the classification of N-B “Neighborhood Business” from the classification of GR-5 “General Residential (5 units/acre)” The Zoning Map of the Town of Summerville is hereby amended so as to incorporate this change. Ratified this day of , 2024. Ricky Waring, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: December 18, 2023 FIRST READING: ______________ SECOND READING: _____  ORDINANCE AN ORDINANCE TO AMEND CHAPTER 20, ARTICLE VI BY: AMENDING SECTIONS 20-201, 20202, 20-203 AND 20-210; RE-NUMBERING SECTIONS 20-210 AND 20-211; DELETING SECTIONS 20-204, 20-205, 20-206, 20-207, 20-208 AND 20-209. WHEREAS, Council is of the mind that it is in the best interest of the Town that incentives for economic development within the municipal limits are best handled on a case-by-case method, and WHEREAS, the program known as Summerville Open for Business Program should be abandoned, and WHEREAS, the Commercial Revitalization Incentives program should be preserved. NOW THEREFORE, Be it ordained by the Mayor and Members of Town Council duly assembled; 1. The above Recitals are hereby incorporated into this Ordinance to the same extent as if set out verbatim. 2. Chapter 20, Article VI Town of Summerville Code of Ordinances is herby amended so that it will hereafter read: Sec. 20-201. Title. This article shall be referred to as the "Commercial Revitalization Incentives" Sec. 20-202. Authority. This program is enacted pursuant to the powers conferred upon the Town of Summerville, South Carolina (the "town") under the Constitution of the State of South Carolina, 1895, as amended, specifically including the home rule amendments thereto, S.C. Code Ann. § 5-7-30 and S.C. Code Ann. § 6-29-340. The enactment of this article has been expressly found and determined to create significant value and benefits to the town, and its citizens; and any public funds expended under the terms hereof are anticipated and expected to value to the town that is equivalent to or greater than the funding expended by the town. Sec. 20-203. Purpose. The purpose of the Commercial Revitalization Incentives program is to provide a set of tools that can be used by town's staff to encourage revitalization in the following commercial districts of the Town of Summerville: (a) Brownsville, (b) Downtown, (c) Historic, (d) Midtown, (e) North Main, and (f) Oakbrook, all as shown on the map attached hereto as Exhibit A and incorporated herein by reference (collectively, the " Incentive Areas "). The provisions hereof allow and permit the town offer certain incentives or inducements to a person, firm, or corporation who/that undertake(s) a revitalization project consistent with the provisions herein. 1 Nothing in this article shall be construed to establish any form of ownership, partnership, or liability to or with any third party for the revitalization of any project. Sec. 20-204. Commercial revitalization incentives. Commercial revitalization incentives are offered and available to the owner of any property (i) zoned for commercial or industrial use and (ii) located within the incentive area. Respecting the "Interior Upfit and Maintenance Program" and the "Historic Building Maintenance Program" such programs are only available to the owners of properties located in the historic district and otherwise meeting all other qualifications for commercial revitalization incentives. The following commercial revitalization incentives are established. In all cases, any financial assistance awarded will be provided on a reimbursement basis only. (1) Façade program. This program will provide financial assistance for improvement projects on building facades. The maximum reimbursement amount is $2,500.00. The program requires a 50 percent match by the eligible recipient. (2) Sign program. This program provides financial assistance for business signage on the exterior of buildings. The maximum reimbursement amount is $500.00. No match is required. (3) Design assistance program. This program provides financial assistance for architectural design services and/or preparation of scope of work for exterior façade work. The maximum reimbursement amount is $500.00. No match is required. (4) Interior upfit and maintenance program. This program provides for reimbursement of the costs of repairs or upfits to the interior of a building in the historic district that will either repair or restore architectural or structural elements of the building, or upfits that cause the building to be retail-ready. The maximum reimbursement amount shall be the lesser of (i) 50 percent of the total repair/restoration/upfit cost, or (ii) $2,500.00. Generally, all upfits must be permanent improvements to the building and include, but are not limited to, display windows; new construction, such as bathrooms or changing areas; certain electrical, mechanical, and plumbing work; and/or interior repairs to walls, windows, and flooring. Maintenance may include the installation of sprinklers and other fire safety/suppression projects. In determining priority among applicants for this program, emphasis shall be given to the degree to which the project preserves or establishes historic architectural features in the interior of the building. (5) Historic building maintenance program. This program provides for reimbursement of the costs of repairs that will stop the intrusion of water into a building in the historic district. The maximum reimbursement amount shall be the lesser of (i) 50 percent of the total cost of such repairs, or (ii) $2,500.00. Eligible repairs are roof repair and replacement or repair of non-architectural exterior elements that are allowing water to enter the building and damage the interior structure. 2  Sec. 20-205. Administrative criteria and terms of delivery for commercial revitalization incentives. (a) Funding for the commercial revitalization incentives shall be subject to appropriation and funding by Town Council up to the amounts provided in the town's annual budget. No commercial revitalization incentives shall be permitted for projects that are initiated prior to approval by the town. (b) Administration of commercial revitalization incentive program shall be the responsibility of the economic development coordinator, who shall promulgate rules, regulations and applications, as necessary, to provide for and distribute the commercial revitalization incentives. In order to be considered for the commercial revitalization incentives, an eligible applicant must complete and submit the program application to the Town's economic development staff. Applications will be processed on a first- come, first-serve basis and will be accepted until all funding appropriations for the applicable fiscal year have been exhausted. (c) The provision of any commercial revitalization incentives shall be made only after an incentive agreement has been entered into between the person, firm, or corporation setting forth the particular requirements of the revitalization, as applicable, and the commercial revitalization incentives associated therewith. Each incentive agreement and the payment of commercial revitalization incentives thereof shall be subject to an initial approval by ordinance of the town council prior to any execution and delivery thereof. (d) Administration of commercial revitalization incentive program shall be the responsibility of the economic development manager, who shall provide a report to council on the status of each incentive agreement on a monthly basis. AND, It Is So Ordained! Dated this day of , 2023 A.D. ____________________________________ Ricky Waring, Mayor Town of Summerville ATTEST: ___________________________ Beth Messervy, Clerk to Council Introduction and First Reading: _____________ Second and Final Reading: _________________ 3 AS OF 12/31/2023 Town of Summerville FYE 06/2024 UNAUDITED Revenue and Expense Report % OF YEAR COMPLETED: 50.00% Current Budget Current Period Y-T-D Actual Budget Balance % of Budget Revenue Summary Property Taxes 16,923,000.00 1,020,384.54 2,825,835.08 14,097,164.92 17% Licenses Permits and Fees 15,875,500.00 202,907.60 3,806,464.76 12,069,035.24 24% Court Fines & Fees 275,000.00 21,400.95 151,946.29 123,053.71 55% State Revenues 4,159,507.00 500,738.35 2,201,889.16 1,957,617.84 53% Miscellaneous Revenues 2,263,000.00 131,663.51 1,340,454.17 922,545.83 59% Total Revenues 39,496,007.00 1,877,094.95 10,326,589.46 29,169,417.54 26% Expenditure Summary Municipal Court 700,160.00 47,299.39 298,697.53 401,462.47 43% Finance 795,962.00 57,850.51 354,449.54 441,512.46 45% Administration 2,851,290.00 202,346.63 1,206,327.82 1,644,962.18 42% Planning 710,547.00 43,511.83 304,162.40 406,384.60 43% Building / Inspections 886,084.00 64,175.20 410,118.95 475,965.05 46% Engineering 870,027.00 51,795.69 420,453.34 449,573.66 48% Police Dept 12,382,089.00 942,440.33 6,280,424.32 6,101,664.68 51% Fire Dept 11,255,653.00 831,732.65 5,579,170.07 5,676,482.93 50% Communication Center 1,817,177.00 125,096.56 791,176.10 1,026,000.90 44% Maintenance Dept 999,454.00 67,527.57 427,617.16 571,836.84 43% Street Dept 3,148,447.00 185,526.60 1,430,977.01 1,717,469.99 45% Parks & Recreation 3,439,127.00 241,986.86 1,689,934.28 1,749,192.72 49% Buildings & Grounds 2,657,250.00 139,191.12 1,388,358.89 1,268,891.11 52% Debt Services 842,840.00 0.00 465,046.37 377,793.63 55% Capital Expenditures 2,059,192.00 36,123.46 947,876.55 1,111,315.45 46% Non-Departmental 9,900.00 1,343.46 56,803.76 (46,903.76) 574% TIF Debt Service 144,437.00 Total Expenditures 45,569,636.00 3,037,947.86 22,051,594.09 23,373,604.91 48% Operating Revenue Over / (Under) Expenditures (6,073,629.00) (1,160,852.91) (11,725,004.63) 5,795,812.63 193% Other Income (Expenses) Sale of Real Estate Purchase of Real Estate Transfers In 6,073,629.00 291,667.00 1,750,001.00 4,323,628.00 29% 6,073,629.00 291,667.00 1,750,001.00 4,323,628.00 Net Revenue Over / (Under) Expenditures - (869,185.91) (9,975,003.63) 10,119,440.63 37% AS OF 12/31/2023 Town of Summerville FYE 06/2024 UNAUDITED Revenue and Expense Report % OF YEAR COMPLETED: 50.00% Current Budget Current Period Y-T-D Actual Budget Balance % of Budget Property Taxes 100-4-0000-10-101 Prior Year Taxes 350,000.00 71,260.54 249,164.64 100,835.36 71% 100-4-0000-10-102 Real Prop Taxes 14,500,000.00 757,486.98 1,577,326.52 12,922,673.48 11% 100-4-0000-10-103 Vehicle Prop Taxes 1,490,000.00 191,637.02 947,132.76 542,867.24 64% 100-4-0000-10-104 Homestead Taxes 437,000.00 0.00 0.00 437,000.00 100-4-0000-10-106 Heavy Equipment Rental Tax 146,000.00 0.00 52,211.16 93,788.84 36% 16,923,000.00 1,020,384.54 2,825,835.08 14,097,164.92 17% Licenses Permits and Fees 100-4-0000-20-202 Cable TV Franchise Fees 345,000.00 0.00 142,533.32 202,466.68 41% 100-4-0000-20-203 Electric & Gas Franchise Fees 1,800,000.00 0.00 0.00 1,800,000.00 0% 100-4-0000-20-210 Business Licenses 6,200,000.00 102,427.11 1,595,815.47 4,604,184.53 26% 100-4-0000-20-211 Business License Penalty 100,000.00 4,620.46 151,511.70 (51,511.70) 152% 100-4-0000-20-212 Business License Insurance 6,100,000.00 2,786.86 1,144,110.88 4,955,889.12 19% 100-4-0000-20-214 Telephone Licenses 100,000.00 0.00 19.02 99,980.98 0% 100-4-0000-20-216 Building Permits 1,100,000.00 64,313.17 636,761.37 463,238.63 58% 100-4-0000-20-217 Re-Inspect Fees 3,000.00 900.00 5,300.00 (2,300.00) 177% 100-4-0000-20-218 Planning Fees 20,000.00 2,352.00 14,540.00 5,460.00 73% 100-4-0000-20-220 Tree Permit/Penalty 7,500.00 382.00 10,495.00 (2,995.00) 140% 100-4-0000-20-221 Stormwater Review Fees 100,000.00 25,126.00 105,378.00 (5,378.00) 105% 15,875,500.00 202,907.60 3,806,464.76 12,069,035.24 24% Court Fines & Fees Municipal Court Fines 275,000.00 21,400.95 151,946.29 123,053.71 55% State Revenues 100-4-0000-30-301 Loc Opt Sales Tax Chas Cty 550,000.00 74,620.31 226,967.27 323,032.73 41% 100-4-0000-30-302 Loc Opt Sales Tax Berk Cty 2,200,000.00 426,118.04 1,286,468.81 913,531.19 58% 100-4-0000-30-311 Inventory Taxes 78,600.00 0.00 39,300.36 39,299.64 50% 100-4-0000-30-313 Manufacturer Tax Exemption 18,000.00 0.00 0.00 18,000.00 0% 100-4-0000-30-321 Aid To Subdivisions 1,252,907.00 0.00 626,452.72 626,454.28 50% 100-4-0000-30-325 Beverage Licenses 60,000.00 0.00 22,700.00 37,300.00 38% 4,159,507.00 500,738.35 2,201,889.16 1,957,617.84 53% AS OF 12/31/2023 Town of Summerville FYE 06/2024 UNAUDITED Revenue and Expense Report % OF YEAR COMPLETED: 50.00% Miscellaneous Revenues Current Budget Current Period Y-T-D Actual Budget Balance % of Budget PRT Grant Revenue 100-4-0000-35-326 Special Events Misc. Income 45,000.00 3,900.00 40,329.00 4,671.00 90% 100-4-0000-35-351 Interest Income 500,000.00 94,732.49 585,479.71 (85,479.71) 117% 100-4-0000-35-352 Sale of Assets 75,000.00 0.00 88,700.00 (13,700.00) 118% 100-4-0000-35-353 Parks and Playground Fees 35,000.00 3,275.00 15,870.00 19,130.00 45% 100-4-0000-35-355 Dorch Dist. 2 Reimbursement 1,025,000.00 0.00 314,098.32 710,901.68 31% 100-4-0000-35-360 Miscellaneous Income 100,000.00 60.00 29,828.82 70,171.18 30% 100-4-0000-35-362 Property Rental Fees 68,000.00 4,433.52 43,584.66 24,415.34 64% 100-4-0000-35-363 Cellular Tower Rental Fees 95,000.00 6,646.40 49,811.43 45,188.57 52% 100-4-0000-35-364 Report Fees 15,000.00 733.60 7,793.60 7,206.40 52% 100-4-0000-35-365 Administrative Fees 5,000.00 63.53 848.11 4,151.89 17% 100-4-0000-35-366 False Alarm Fees 14,000.00 30.00 340.00 13,660.00 2% 100-4-0000-35-370 Gahagan Field/Concessions 16,000.00 4,473.00 17,833.00 (1,833.00) 111% 100-4-0000-35-371 Regular League Fees 100,000.00 0.00 49,200.82 50,799.18 49% 100-4-0000-35-374 Gahagan Gate Fees 0.00 0.00 720.00 (720.00) 100-4-0000-35-375 MISC Rev-RECC 150,000.00 11,091.15 78,209.99 71,790.01 52% 100-4-0000-35-376 P&R Prepackaged Concessions 0.00 1,473.03 5,528.46 (5,528.46) 100-4-0000-35-377 P&R Prepared Concessions 0.00 0.00 147.10 (147.10) 100-4-0000-35-380 Tennis Program Revenue 20,000.00 751.79 12,131.15 7,868.85 61% 2,263,000.00 131,663.51 1,340,454.17 922,545.83 59% Transfers In Local Hat 3,500,000.00 291,667.00 1,750,001.00 1,749,999.00 50% State A Tax 70,000.00 0.00 0.00 70,000.00 0% Stormwater Fund 300,000.00 0.00 0.00 269,000.00 0% Fund Balance Appropriation 2,059,192.00 Infrastructure Roads Fund 144,437.00 0.00 0.00 144,437.00 6,073,629.00 291,667.00 1,750,001.00 4,323,628.00 29% Total Revenues General Fund 45,569,636.00 2,168,761.95 12,076,590.46 7,326,845.38 27% AS OF 12/31/2023 Town of Summerville FYE 06/2024 UNAUDITED Revenue and Expense Report % OF YEAR COMPLETED: 50.00% Parks and Rec Fire Municipal YTD December Actua Y-T-D Actual December Actual Y-T-D Actual December Actua Y-T-D Actual Residential 212-4-4731-20-235 Parks and Rec Facilities 12,479.70 112,168.80 212-4-4731-20-237 Fire Facilities 15,061.79 135,376.89 212-4-4731-20-239 Municipal Facilities 20,273.51 182,220.31 429,766.00 Commercial 213-4-4733-20-237 Fire Facilities - Commercial 12,552.01 258,712.60 - 213-4-4733-20-239 Municipal Facilities - Comm 6,523.99 133,816.66 392,529.26 Total Revenues 12,479.70 112,168.80 27,613.80 394,089.49 26,797.50 316,036.97 822,295.26 212-5-4731-25-287 Shepard Park Expense - - 212-6-4731-13-520 Doty Park Improvements - - 212-6-4731-13-533 Fire Station 6 Construction - - 212-6-4731-14-521 Rollins Equipment-Parks - 129,343.00 - 212-6-4731-15-312 Capital Equipment Streets - 11,200.00 213-6-4733-13-533 Fire Station 6 Construction 213-6-4733-14-312 Vehicles/Rolling Equipment - 215,718.00 Total Expenditures - 129,343.00 - - - 226,918.00 356,261.00 Net Revenues over Expenditures 12,479.70 (17,174.20) 27,613.80 394,089.49 26,797.50 89,118.97 466,034.26 Unaudited Fund Balance 7/1/2023 191,454.37 711,252.43 1,670,186.72 AS OF 12/31/2023 Town of Summerville FYE 06/2024 UNAUDITED Revenue and Expense Report % OF YEAR COMPLETED: 50.00% Local Hospitality Tax Local Accomodations Tax December Actual Y-T-D Actual December Actual Y-T-D Actual 214-4-4741-20-221 Local H-Tax Revenue 452,468.38 2,935,039.45 214-4-4741-35-350 Special Event Sponsor 0.00 4,000.00 214-4-4741-35-354 Tourism Grants 0.00 23,252.00 Local Accomodations Tax 216-4-4712-30-315 Revenue 32,825.46 224,654.80 452,468.38 2,962,291.45 32,825.46 224,654.80 Total Expenses 365,055.61 2,947,544.64 15,000.00 15,000.00 Net Revenues over Expenses 87,412.77 14,746.81 17,825.46 209,654.80 Budgeted Revenue 6,000,000.00 % of Budget Collected 49% AS OF 12/31/2023 Town of Summerville FYE 06/2024 UNAUDITED Revenue and Expense Report % OF YEAR COMPLETED: 50.00% Current Budget Current Period Y-T-D Actual Budget Balance % of Budget Stormwater Mgt. Fund 500-4-4811-60-601 Operating Revenues 2,555,419.50 133,938.73 339,703.78 2,215,715.72 13% 0.00 Expenditures 2,181,391.00 121,029.59 981,138.99 1,200,252.01 45% Revenue Over / (Under) Expenditures 374,028.50 12,909.14 (641,435.21) 1,015,463.71