Town Council

Wiley Johnson, Mayor Town Administrator Colin L. Martin Council Members: Bob Jackson, Mayor Pro-Tem Interim Town Clerk and Treasurer Walter Bailey Belinda S. Harper Aaron Brown Christine Czarnik Town Attorney Kima Garten-Schmidt G.W. Parker William McIntosh Town of Summerville COUNCIL MEETING MINUTES February 9, 2017 ATTENDANCE Present: Mayor Wiley Johnson, Mayor Pro-Tem Bob Jackson and Council members Walter Bailey, Aaron Brown, Christine Czarnik, Kima Garten-Schmidt and Bill McIntosh. Town Administrator Colin Martin, Interim Clerk/Treasurer and Finance Director, Belinda Harper and Town Attorney G.W. Parker were also present. Members of the press and the public were duly notified of the meeting and were also present. CALL TO ORDER The regular monthly meeting of Summerville Town Council was called to order at 6:00 p.m. on Thursday, February 9, 2017. The meeting was opened with prayer by Ms. Czarnik followed by the Pledge of Allegiance. PRESENTATION Mr. Colin Martin read a letter written by Mayor Johnson recognizing PFC Clifford McElvogue on his heroic efforts in saving the life of a 4-year-old child. PUBLIC COMMENTS Mayor Johnson called for any comments from the public. Mr. John Nicholas Hayes, 319 DuPont Way expressed concerns about the budget process, as well as other concerns. Ms. Diane Frankenburger, Summerville resident and business owner mentioned a new museum in St. George and thanked the Mayor for holding his meetings titled Chat with the Mayor. Ms. Robyn Dudley, Summerville resident and a volunteer at the Dorchester Museum, thanked the Mayor for his chat yesterday. Mr. Richard Spell, 100 Wilson Street off of N. Palmetto, stated that there is a speeding issue on N. Palmetto. He presented a petition for the neighborhood expressing concerns about speeding in the area. He asked council to install speed bumps on N. Palmetto. Mr. William Harbeson, 403 W. 2nd South Street, expressed concerns about child safety in golf carts. He said kids are driving golf carts on the weekends. Mr. Melvin McClellan, 203 Gardenia Street, thanked council for working on the drain on his street and removing the trash. Ms. Fran Harbeson, 403 W. 2nd South Street, said that she was disappointed that council didn’t approve the Mayor’s committee recommendation at the last council meeting. Ms. Cindy Crenshaw, 303 King Charles Circle, said that one must be 16 years old to drive a golf cart. She also said that she is forming a garden group and would like to start a mini vegetable garden for the kids at the Council Meeting Minutes February 9, 2017 Page 2 Laurel Street Park. She also expressed concerns about “unsavory” kids hanging out at the skate park after hours. Mr. Adrian Kwist, 109 Reynolds Road, expressed concerns about the termination of funeral escorts. Ms. Doris Casamento, 212 Brutus Lane, said that the lights from Gahagan Park shine directly into her home. She would like some back plates or shield to block the lights. She also expressed some concern about security of the park. Ms. Audris Morales, Brutus Lane, said she has experienced a lot of noise. She is also concerned about the extension of the Sawmill Branch trail. Her concerns about the trail are lowering her property value, security, privacy and noise level. Ms. Harriett Dangerfield, 402 West Doty, said she was concerned about the civility of council members towards each other. She also expressed concern about code enforcement. Ms. Sarah Bares, 210 E. Richardson Avenue, thanked council for the flexibility on tree permits after a storm. She suggested council extend the time period from two weeks to six months to have time for residents to receive insurance proceeds and complete the tree removal. Mr. Frank Freeman, 108 King Charles Circle, said that his neighborhood needs sidewalks. He also said that there is a lot of speeding through his neighborhood. There being no further comments from the public, the Mayor declared that portion of the meeting closed. APPROVAL OF MINUTES OF PREVIOUS MEETINGS Ms. Garten-Schmidt made a motion, seconded by Mr. Bailey, to combine the motion for the council meeting minutes. The motion carried with the abstention of Mr. Jackson. Ms. Garten- Schmidt made a motion, seconded by Mr. Bailey, to approve the minutes of the January 12th, 18th and 27th council meeting. The motion carried with the abstention of Mr. Jackson. APPROVAL OF COUNCIL COMMITTEE REPORTS Ms. Czarnik made a motion, seconded by Ms. Garten-Schmidt, to combine the motion for the council committee reports. The motion carried unanimously. Mr. Brown made a motion, seconded by Ms. Czarnik, to approve the minutes of the February 6, 2017 Parks and Recreation Committee report, Planning and Development Committee report, Public Safety Committee report, Public Works Committee report and Finance Committee report. Mayor Johnson said the documentation is for a maintenance agreement, but he would like to see the transfer for title along with the maintenance agreement for the Brown Family Park in Nexton. Ms. Robinson presented the Green Infrastructure Plan and discussed the need for the plan. Mr. Brown discussed the funeral escort policy. The motion carried with the abstention of Mr. Jackson. PETITIONS Mr. Brown made a motion, seconded by Mr. McIntosh, to accept the petition by Jack and Edna Chaplin to annex a Dorchester County TMS#136-07-02-004 (approximately 1.58 acres) located at 1225 Central Avenue, currently zoned R-4, Multi-Family Residential in Dorchester County and will be zoned R-1, Single Family Residential upon annexation into the Town of Summerville’s municipal limits. (Proposed Council District 1; Planning Commission held a public hearing and made a recommendation for approval on Jan. 23, 2017). The motion carried unanimously. 200 South Main Street, Summerville, SC 29483-6000 * 843.871.6000, Fax: 843.871.6954 www.SummervilleSC.gov Council Meeting Minutes February 9, 2017 Page 3 PENDING BILLS AND RESOLUTIONS Mr. McIntosh made a motion, seconded by Ms. Garten-Schmidt, to accept on second and final reading an ordinance to annex by John and Victoria Hammond, Dorchester County TMS#145- 09-02-001 (.64 acres) located at 89 King Charles Circle, currently zoned R1, Single Family Residential in Dorchester County and will be zoned R2, Single Family Residential upon annexation into the Town of Summerville’s municipal limits. The motion carried unanimously. Mr. Jackson made a motion, seconded by Mr. Brown, to accept on second and final reading an ordinance to annex by MWV – Parks of Berkeley, LLC, portions of Berkeley County TMS# 221- 00-00-175, now subdivided and known as TMS#s 221-00-00-193, 221-00-00-194, 221-00-00- 195, portion of 221-00-00-196, and 221-00-00-207 (total of 61.42 acres) located along Brighton Park Blvd. and Sigma Dr. near Nexton Park Blvd., currently zoned PD-MU, Planned Development Mixed Use in Berkeley County and will be zoned PUD, Planned Unit Development upon annexation into the Town of Summerville’s municipal limits. (Note: As plats are recorded prior to approval of the PUD amendment and annexation, new TMS#’s may be added to this application to cover the same area to be annexed). The motion carried unanimously. Mr. Jackson made a motion, seconded by Mr. Brown, to accept on second and final reading an ordinance to amend the previously approved PUD for Nexton, located in the NW quadrant of the I-26 interchange with N. Main St. (US Hwy. 17-A). Properties to be affected by these proposed amendments include TMS#s 221-00-00-048; -009; -096; -044; -141; -155; -159; -150; -152; - 173; -175; -179; -181; -177; -180; portion of Sheep Island Road R/W; and, miscellaneous Rights-of-Way. Proposed amendments include the addition of acreage via annexation (portion of TMS# 221-00-00-175, now subdivided and known as TMS#s 221-00-00-193, 221-00-00-194, 221-00-00-195, portion of 221-00-00-196, and 221-00-00-207); create a new development zone; revise parcel map; revise land use plan; update traffic impact analysis; revised land use conversion matrix; revise development criteria; and inclusion of permitted uses chart. (Note: As plats are recorded prior to approval of the PUD amendment and annexation, new TMS#’s may be added to this application to cover the same area to be annexed). The motion carried unanimously. Motion by Mr. Jackson, seconded by Ms. Czarnik, to accept on second and final reading an Ordinance Approving A Fourth Amendment To The Nexton Development Agreement By And Between The Town of Summerville (The “Town”) and MWV-Sheep Island, LLC and MWV Parks of Berkeley, LLC (The “Property Owner”) And Authorizing The Execution of Said Fourth Amendment. The motion carried unanimously. Motion by Mr. Jackson, seconded by Mr. Brown, to accept on second and final reading an ordinance to amend Chapter 8, Articles II and III of the Code of Laws of the Town of Summerville relating to business and professional licenses and peddlers and solicitors. The motion carried unanimously. 200 South Main Street, Summerville, SC 29483-6000 * 843.871.6000, Fax: 843.871.6954 www.SummervilleSC.gov Council Meeting Minutes February 9, 2017 Page 4 INTRODUCTION OF BILLS AND RESOLUTIONS Ms. Czarnik made a motion, seconded by Ms. Garten-Schmidt, to approve a resolution to adopt the Town of Summerville Green Infrastructure Plan. The motion carried unanimously. Mr. Jackson made a motion, seconded by Ms. Czarnik, to approve on first reading a Floodplain Ordinance Update adopting new FEMA Floodplain Maps. The motion carried unanimously. Mr. Brown made a motion, seconded by Mr. Bailey, to approve on first reading an ordinance to execute a lease agreement with Pazza Bella Hair Studio. The motion carried unanimously. MISCELLANEOUS Mr. McIntosh made a motion, seconded by Mr. Jackson, to approve the Cooperative Intergovernmental Agreement between the Town of Summerville and SCDOT for Maple Street Improvements. The motion carried unanimously. Mr. McIntosh made a motion, seconded by Mr. Jackson, to confirm the Mayor’s recommendation of Ms. Rachel Burton to serve a 3 year term as the architect on the Board of Architectural Review (BAR). Mayor Johnson said the motion was out of order. He said there needed to be a motion to take the citizens committee appointment from the table. Some discussion followed concerning the length of term for the office. A short recess at 7:11 p.m. was taken to research the ordinances on the terms of office. Council resumed regular session at 7:20 p.m. Some discussion followed concerning the order of motions. Mr. Jackson made a motion, seconded by Mr. Brown to take the approval of committee assignments off the table. The motion carried unanimously. Mr. Jackson made a motion, seconded by Mr. McIntosh to divide the question and vote on the committee appointments individually. Mr. McIntosh, Mr. Jackson, Mayor Johnson, Ms. Garten- Schmidt and Mr. Bailey voted in favor of the motion. Mr. Brown and Ms. Czarnik voted against the motion. Mr. Brown said that his opposition is because the ordinance states the Mayor makes the appointments and council either approves or rejects the appointments. He said voting on the appointment one at a time is taking the authority away from the mayor. The motion carried. Mr. McIntosh made a motion, seconded by Mr. Jackson, to confirm the Mayor’s recommendation of Ms. Rachel Burton to serve a 3 year term as the architect on the Board of Architectural Review. Mr. McIntosh, Mr. Jackson, Mayor Johnson, Ms. Garten-Schmidt, and Mr. Bailey voted in favor of the motion. Mr. Brown and Ms. Czarnik voted against the motion. The motion carried. Ms. Czarnik asked that the records reflect that her vote is not against Ms. Burton and her qualification; her objection is procedural. Mr. Brown also stated that his objection is to the process not the person. Mr. McIntosh made a motion, seconded by Mr. Jackson, to confirm the Mayor’s recommendation of Mr. John Kwist to a 3 year term as the Preservation Society designee on the Board of Architectural Review. Mr. McIntosh, Mr. Jackson, Mayor Johnson, Ms. Garten- 200 South Main Street, Summerville, SC 29483-6000 * 843.871.6000, Fax: 843.871.6954 www.SummervilleSC.gov Council Meeting Minutes February 9, 2017 Page 5 Schmidt, and Mr. Bailey voted in favor of the motion. Mr. Brown and Ms. Czarnik voted against the motion. The motion carried. Ms. Czarnik asked that the records reflect that her vote is not against Mr. Kwist and his qualification; her objection is procedural. Mr. Brown also stated that his objection is to the process not the person. Mr. McIntosh made a motion, seconded by Mr. Jackson, to reject the nomination of Ms. Janice Messex for a 3 year term on the Board of Architectural Review and allow Dr. David Price to continue serving in a hold-over capacity as an at-large member of the Board of Architectural Review until another nominee can be confirmed by council. Mayor Johnson said Ms. Messex is his nominee and he believes she would be an asset to the Board of Architectural Review. He stated that she lives in the historic district and would be a breath of fresh air. He said he has asked some of the board members to do some research and develop new ways to operate and have more authority over questioning plans that are submitted. Mr. McIntosh, Mr. Jackson, Ms. Garten-Schmidt and Mr. Bailey voted in favor of the motion. Mr. Brown, Mayor Johnson and Ms. Czarnik voted against the motion. The motion carried. Ms. Czarnik asked that the minutes reflect that her objection was procedural. Mr. Bailey said he would like to record to reflect that not supporting Ms. Messex’s nomination to the BAR has nothing to do with her qualifications, he believes she is very qualified. His objection is to the removal of Dr. David Price from the BAR, in his opinion, Dr. Price is being removed because he support of the “Vote No” campaign on the referendum. Mr. Bailey said that, in his opinion, 3 other members are being removed for political reasons. Mayor Johnson said that he would like to see some new people on the committees. Mr. McIntosh made a motion, seconded by Mr. Bailey, to deny Mr. Jonathan Lee for a 3 year term as an at large member to the Commercial Design Review Board (CDRB) and have Ms. Mildred Blanton continue serving in a holdover capacity until another nominee can be approved by council. Mayor Johnson said he nominated Mr. Lee because he believed he would do an outstanding job. Mr. McIntosh, Mr. Jackson, Ms. Garten-Schmidt and Mr. Bailey voted in favor of the motion. Mr. Brown, Mayor Johnson and Ms. Czarnik voted against the motion. The motion carried. Ms. Czarnik asked that the minutes reflect that her objection was procedural. Mr. Bailey said he would like to record to reflect that not supporting Mr. Lee’s nomination to the CDRB has nothing to do with his qualifications. His objection is the removal of Ms. Blanton, in his opinion, she is being replaced because political reasons. Mr. McIntosh made a motion, seconded by Mr. Jackson, to confirm the Mayor’s recommendation of Ms. Jennifer Palmer to serve a 3 year term as the professional engineer to the CDRB. Mr. McIntosh, Mr. Jackson, Mayor Johnson, Ms. Garten-Schmidt, and Mr. Bailey voted in favor of the motion. Mr. Brown and Ms. Czarnik voted against the motion. The motion carried. Ms. Czarnik asked that the records reflect that her vote is not against Ms. Palmer and her qualification; her objection is procedural. Mr. Brown also stated that his objection is to the process not the person. 200 South Main Street, Summerville, SC 29483-6000 * 843.871.6000, Fax: 843.871.6954 www.SummervilleSC.gov Council Meeting Minutes February 9, 2017 Page 6 Mr. McIntosh made a motion, seconded by Mr. Bailey, to deny Mr. Glenn Zingarino for a 3 year term as an at large member to the Zoning Board of Appeals (ZBA) and have Mr. Lionel Lawson continue serving in a holdover capacity until another nominee can be approved by council. Mr. McIntosh, Mr. Jackson, Ms. Garten-Schmidt and Mr. Bailey voted in favor of the motion. Mr. Brown, Mayor Johnson and Ms. Czarnik voted against the motion. The motion carried. Mr. McIntosh made a motion, seconded by Mr. Bailey, to deny Mr. Brent Alfreds for a 3 year term as an at large member to the Zoning Board of Appeals (ZBA) and have Mr. Donald Nye continue serving in a holdover capacity until another nominee can be approved by council. Mr. McIntosh, Mr. Jackson, Ms. Garten-Schmidt and Mr. Bailey voted in favor of the motion. Mr. Brown, Mayor Johnson and Ms. Czarnik voted against the motion. The motion carried. Mr. McIntosh made a motion, seconded by Mr. Jackson, to confirm the Mayor’s recommendation of Ms. Virginia Boone to serve a 3 year term on the Municipal Election Commission. Mr. McIntosh, Mr. Jackson, Mayor Johnson, Ms. Garten-Schmidt, and Mr. Bailey voted in favor of the motion. Mr. Brown and Ms. Czarnik voted against the motion. The motion carried. Mr. McIntosh made a motion, seconded by Mr. Jackson, to confirm the Mayor’s recommendation of Mr. Mark Greenslit to serve a 3 year term on the Bicycle & Pedestrian Committee. Mr. McIntosh, Mr. Jackson, Mayor Johnson, Ms. Garten-Schmidt, and Mr. Bailey voted in favor of the motion. Mr. Brown and Ms. Czarnik voted against the motion. The motion carried. Mr. McIntosh made a motion, seconded by Mr. Jackson, to confirm the Mayor’s recommendation of Ms. Thornthwaite to serve a 3 year term on the Bicycle & Pedestrian Committee. Mr. McIntosh, Mr. Jackson, Mayor Johnson, Ms. Garten-Schmidt, and Mr. Bailey voted in favor of the motion. Mr. Brown and Ms. Czarnik voted against the motion. The motion carried. Mr. McIntosh made a motion, seconded by Mr. Jackson, to postpone until the next council meeting action on the recommendation of Mr. Richard Reiff and Ms. Sarah Bares because the terms are unexpired. He said that written letter of resignation should be received prior to replacing an unexpired term member. Some discussion followed. Mr. McIntosh, Mr. Jackson, Mr. Brown and Mr. Bailey voted in favor of the motion. Mayor Johnson, Ms. Garten-Schmidt and Ms. Czarnik voted against the motion. The motion carried. Mr. McIntosh made a motion, seconded by Mr. Jackson, to confirm the Mayor’s recommendation of Ms. Patricia Howard to serve a 3 year term on the State Accommodation Tax Advisory Committee. Mr. McIntosh, Mr. Jackson, Mayor Johnson, Ms. Garten-Schmidt, and Mr. Bailey voted in favor of the motion. Mr. Brown and Ms. Czarnik voted against the motion. The motion carried. 200 South Main Street, Summerville, SC 29483-6000 * 843.871.6000, Fax: 843.871.6954 www.SummervilleSC.gov Council Meeting Minutes February 9, 2017 Page 7 Mr. McIntosh made a motion, seconded by Mr. Bailey, to deny Ms. Linda Ensor for a 3 year term as an at large member to the State Accommodations Tax Advisory Committee and allow Mr. Robert Pratt continue serving in a holdover capacity until another nominee can be approved by council. Mr. McIntosh, Mr. Jackson, Ms. Garten-Schmidt and Mr. Bailey voted in favor of the motion. Mr. Brown, Mayor Johnson and Ms. Czarnik voted against the motion. The motion carried. Mr. Bailey said Ms. Ensor has been recommended by the mayor to be appointed to 3 boards/commissions. He said that a person should only be on one board or commission since there are other qualified people. He also said that, in his opinion, Mr. Pratt was taken off the board because he was very involved in the “vote no” campaign. Mayor Johnson said that the person who wins the election gets to make the appointments. Those appointments are for people that will work best with him or her to accomplish the goals. He also said that he wants to inject fresh blood. Mr. McIntosh made a motion, seconded by Mr. Jackson to approve all 3 of the Mayor’s recommendations of Mr. Brislin, Mr. Martinez and Mr. Tupper Sr. for 3 year terms to the Construction and Code Board of Appeals. Mr. McIntosh, Mr. Jackson, Mayor Johnson, Ms. Garten-Schmidt, and Mr. Bailey voted in favor of the motion. Mr. Brown and Ms. Czarnik voted against the motion. The motion carried. MAYOR’S REMARKS Mayor Johnson said that he was very disappointed by the action of council toward his appointments and not taking his word. He wants to set a strategic planning meeting in the next 3 – 4 weeks to allow business and civic leaders come and discuss what direction they would like to see the town move toward. The second day council will take action on those items for the budget process coming up in the middle of the year. EXECUTIVE SESSION Mr. Jackson made a motion, seconded by Ms. Garten-Schmidt, to enter into executive session at 7:53 p.m. to discuss legal matters related to Croft vs. Town of Summerville, and DCTA vs. Dorchester County, et al, Applegate arbitration/threatened litigation, update on Ms. Bunting’s litigation and Yawn vs. Town of Summerville, et.al. litigation. The motion passed unanimously. Council returned to regular session at 8:52 p.m. and announced that no action was taken. ADJOURN There being no further business, the meeting adjourned at 8:54 p.m. on motion of Mr. McIntosh, seconded by Mr. Jackson. Respectfully submitted, APPROVED: ___________________________________ Belinda S. Harper, Interim Clerk/Treasurer _______________________________________ William W. Johnson, Mayor 200 South Main Street, Summerville, SC 29483-6000 * 843.871.6000, Fax: 843.871.6954 www.SummervilleSC.gov