Town Council

***Public Notice*** Special Meeting of Summerville Town Council Friday, January 19, 2018 1:00pm Summerville Town Hall Council Chambers 200 South Main Street – Annex Building – Third Floor AGENDA 1) Called to Order 2) Presentation by First Tryon Advisors, Inc. – Mr. David Cheatwood (a) Q&A and Scenarios with First Tryon about facility plans (b) Summerville Infrastructure Needs and Funding 3) General Fund Balance Policy 4) Stormwater Infrastructure Presentation – Russ Cornette 5) Introduction and first reading of an ordinance to amend Chapter 20, Planning and Development, Article II, Planning Commission, Section 20-32 entitled Composition. 6) Introduction and first reading of an ordinance to amend Chapter 20, Planning and Development, Article III, Development Standards, Section 20-72 Bicycle and pedestrian advisory committee, subsection (c) Organization, item (1) entitled Membership. 7) Introduction and first reading of an ordinance to amend Chapter 32, Zoning, Article IV, Historic Preservation, Section 32-175 Board of architectural review, subsection (b) entitled Membership. 8) Introduction and first reading of an ordinance to amend Chapter 32, Zoning, Article III, Zoning District Regulations, Section 32-141 Commercial design review board, subsection (c) entitled Membership. 9) Approve on second and final reading of an ordinance to amend Chapter 2, Administration, Article III, Boards, Commissions and Committees, Section 2-160 entitled Appointments. 10) Introduction and first reading of an ordinance to amend Chapter 32, Zoning, Article V., Special Use Permits, Section 32-212 entitled Conditional use permits for bed and breakfast establishments. 11) Mayor’s Comments 12) Resolution to create ad hoc Beautification Committee 13) Executive Session (a) Discussion of contractual matters with Waste Pro 14) Other Business: Action to be taken by Council related to Executive Session 15) Wrap Up 16) Adjourn  Town of Summerville Fund Balance Policy Purpose The Town of Summerville has developed a Fund Balance Policy that is consistent with the Town’s goals and objectives. Specific attention has been given to make sure that this policy is both financially and rationally sound. The Town will maintain assigned and unassigned funds at levels sufficient to protect the Town’s credit as well as its financial position from emergencies. The Town of Summerville seeks to maintain a prudent level of financial resources to protect against reducing service levels or raising taxes and fees because of temporary revenue shortfalls or unpredicted one‐time expenditures. Unassigned funds are used at Town Council’s discretion for purposes such as: temporary cash flow shortages; to fund emergencies; unanticipated economic downturns; and one‐time opportunities. Background The Government Finance Officers Association recommends, “At a minimum, those general‐ purpose governments, regardless of size, maintain unrestricted fund balance in their general fund of no less the two months of regular general fund operating revenues or regular general fund operating expenditures.” This recommendation is consistent with a minimum fund balance of 17 to 20 percent before taking into consideration any unusual local factors that may require higher or lower fund balance levels.1 Fund balance is the difference between current assets and current liabilities. It is a municipal government’s net assets and is the equivalent to working capital for a small business. Because of the irregular nature of municipal revenue receipts and the recurring nature of expenses related to service delivery, most municipalities experience cash flow challenges that require supplemental cash to bridge revenue gaps. Access to cash fund balance is an ideal method of bridging cyclical cash flow challenges. Because of various circumstances, the Town of Summerville may need supplemental cash equal to 20 percent or more of the annual budget. The Town feels it is prudent to maintain general reserve funds to provide cash to address recovery efforts from natural or manmade disasters, unexpected revenue shortfalls or unavoidable expenditure overruns. The level of fund balance maintained is at the discretion of the Town Council based on an evaluation of cash flow needs and risk of hazards and is committed to maintain a reasonable fund balance which helps bridge cash flow, avoids interest cost associated with short‐term borrowing, preserves a sound credit rating, provides a buffer against unexpected revenue shortfalls and/or expenditure overruns and serves as a risk management contingency. Definitions GASB Statement No. 54 replaces the previous fund balance classifications with the following: Non‐spendable fund balance consists of assets that are inherently non‐spendable in the current period either because of their form or because they must be maintained intact, including prepaid items, inventories, long‐term portions of loans receivable, financial assets held for resale, and principal of endowments. Restricted fund balance consists of amounts that are subject to externally enforceable legal purpose restrictions imposed by creditors, grantors, contributors, or laws and regulations of other governments, or through constitutional provisions or enabling legislation. Committed fund balance consists of amounts that are subject to a purpose constraint imposed by a formal action of the government’s highest level of decision‐making authority before the end of the fiscal year, and that require the same level of formal action to remove the constraint. Assigned fund balance consists of amounts that are subject to a purpose constraint that represents an intended use established by the government’s highest level of decision‐making authority, or by their designated body or official. The purpose of the assignment must be narrower than the purpose of the General Fund, and in funds other than the General Fund, assigned fund balance represents the residual amount of fund balance. Unassigned fund balance represents the residual classification for the government’s General Fund, and could report a surplus or deficit. In funds other than the General Fund, the unassigned classification should be used only to report a deficit balance resulting from overspending for specific purposes for which amounts had been restricted, committed, or unassigned. Policy Emergency Fund Balance (Committed) a. The General Fund shall maintain a committed fund balance equal to at least 20% of the total General Fund revenues for the previous audited fiscal year and $3,000,000 for disaster and recovery. b. Should the funds drop below the stated level for the emergency, steps will be implemented in the following three years to replenish the required amount. c. For consistency purposes, the 20% evaluation will be of prior year’s audited general fund revenues. Capital Improvement/Purchase Fund Balance (Assigned) a. Any funds in excess of the emergency fund shall be use for: 1. Capital purchases 2. Capital Improvements 3. One‐time expenditures 4. Council contingency expenditures 5. Transfer to other funds that are in a deficit fund balance (i.e. Sanitation Fund) Review This policy will be reevaluated every three years or as needed.  An Ordinance Be it Ordained by the Mayor and Council of the Town of Summerville, in Council Assembled that Chapter 20 – Planning, Article II. – Planning Commission, 20-32 entitled Composition is amended as follows: The planning commission shall consist of seven members appointed by the mayor and town council with the mayor and each councilmember making one appointment. All terms shall be for three years staggered with the first time appointment to only run for two years. Members shall serve until their successors are appointed and qualified and shall meet all requirements for appointment as outlined in the town's ordinances and per applicable state law. No member of the planning commission shall be the holder of an elected public office of the town.  An Ordinance Be it Ordained by the Mayor and Council of the Town of Summerville, in Council Assembled that Chapter 20 – Planning, Article III. – Development Standards, Section 20- 72 Bicycle and pedestrian advisory committee, subsection (c) Organization, item (1) entitled Membership is amended as follows: Membership. The committee shall be comprised of not more than seven members who shall be nominated by the mayor and approved by the town council with the mayor and each councilmember making one appointment.  An Ordinance Be it Ordained by the Mayor and Council of the Town of Summerville, in Council Assembled that Chapter 32 – Zoning, Article IV – Historic Preservation, Section 32-175 Board of architectural review, subsection (b) entitled Membership is amended as follows: b) Membership; composition. The board of architectural review shall consist of seven members to be appointed by the mayor subject to confirmation by the and town council collectively. Members shall have a demonstrated interest in, or competence and knowledge of, historic preservation, including specific knowledge in at least one of the following areas: architecture, history, design, architectural history, planning, archaeology, urban planning, American studies, American civilization, cultural geography, cultural anthropology, engineering, law, banking and real estate. All appointed members shall have demonstrated independent judgment and shall be able to prepare for and attend board meetings. No appointed member shall hold any other municipal office. (1) Based on the criteria of this subsection (b), of these seven members one shall be an architect or if an architect is not available to serve, someone knowledgeable in historic building design and construction; one a member of a recognized art association; one a member of the town preservation society; one a licensed real estate agent or appraiser; and three residents of the historic districts. (2) In the case of members from organizations, the respective organization shall submit a list of nominees to the mayor for the presentation to the council. In case any of the organizations entitled to make nominations shall fail to make the nominations within 30 days after a written request by the town clerk and treasurer, the mayor shall make a nomination subject to confirmation by the town council. (3) Members of the board shall serve without compensation, except for authorized expenses attendant to the performance of their duties.  An Ordinance Be it Ordained by the Mayor and Council of the Town of Summerville, in Council Assembled that Chapter 32 – Zoning, Article III. – Zoning District Regulations, Section 32-141- Commercial design review board, subsection (c) entitled Membership is amended as follows: Membership. The commercial design review board (hereinafter referred to as the "CDRB") will be composed of seven members appointed by the Mmayor of the Town of Summerville and town council collectively. Only those persons residing within the town who fulfill designated requirements and have demonstrated their civic interest, general knowledge of the town, independent judgment and availability to prepare for and attend meetings will be considered for appointment. Membership of the CDRB shall be as follows: One architect or architectural designer; one landscape architect or recognized landscape designer; one civil engineer or commercial developer/contractor; one commercial real estate agent, registered land surveyor, commercial appraiser or a private planning consultant, and the remaining seats will be at large. A representative of the building department is required to attend meetings for consultation between the board and the applicant concerning allowable building practices within the adopted codes of the town but will have no authority to vote on the approval or denial of the application.  An Ordinance To amend Chapter 2, Administration, Article III, Boards, Commissions, and Committees, Section 2-160 entitled Appointments BE IT ORDAINED, by the Mayor and Council members of the Town of Summerville, in Council assembled, that Section 2-160 of the Code of Ordinances of the Town of Summerville, South Carolina, is hereby amended as follows: ARTICLE III – BOARDS, COMMISSIONS AND COMMITTEES Sec. 2-160. – Appointments. Appointments to any of the boards, or commissions or citizen committees of the town shall be nominated made by the mayor and confirmed by the town council. Vacancies on boards, commissions, citizen committees and all other like entities shall be filled by the town council. In filling vacancies the following procedures shall be followed: (a) The town clerk shall monitor the expiration date of all terms on Town boards, commissions, citizen committees and other like entities. Approximately 60 days prior to any expiration of a term (vacancy), the town clerk will advertise the same in a local newspaper and announce the vacancy on the record to town council as soon as reasonably possible thereafter. Appropriate requirements for the vacant position will be included in the advertisement and announcement. This procedure shall also apply to resignations. All appointments, including appointments after resignations and second term appointments, are to be treated alike, with all due care and deliberation being afforded to each. (b) The town clerk will receive applications and resumes for a specified period of time beginning with the date the vacancy is advertised. All applicants must complete an official town board / commission / citizen committee application form. The form will include information pertaining to the board, commission, or citizen committee vacancy. (c) The town clerk will provide all members of the town council with all applications received. (d) Thereafter, the town administrator will ensure that this issue is placed on a regular council meeting agenda as soon as reasonably possible, and no later than 60 days after the date of the vacancy. (e) The Mayor will automatically schedule an executive session prior to the designated regular council meeting for the purpose of discussion. During the designated regular council meeting in open session, the entire council will vote  pursuant to parliamentary procedure. If none of the candidates prevail, the entire procedure herein will be repeated. (f) All applications will be maintained by the town clerk for a period of two years from the effective date the vacancy is filled. If the application process is opened for the same position at another time or any other position, original candidates will be notified by the town council. In such instances, candidates may ask that their original application be reconsidered. Sec. 2-160. – Appointments. Appointments to any of the boards, commissions or citizen committee members of the town shall be made by the town council. Vacancies on boards, commissions, citizen committees and all other like entities shall be filled by the town council. In filling vacancies the following procedures shall be followed: (a) The town clerk shall monitor the expiration date of all terms on Town boards, commissions, citizen committees and other like entities. Approximately 60 days prior to any expiration of a term (vacancy), the town clerk will advertise the same in a local newspaper and announce the vacancy on the record to town council as soon as reasonably possible thereafter. Appropriate requirements for the vacant position will be included in the advertisement and announcement. This procedure shall also apply to resignations. All appointments, including appointments after resignations and second term appointments, are to be treated alike, with all due care and deliberation being afforded to each. (b) The town clerk will receive applications and resumes for a specified period of time beginning with the date the vacancy is advertised. All applicants must complete an official town board / commission / citizen committee application form. The form will include information pertaining to the board, commission, or citizen committee vacancy. (c) The town clerk will provide all members of the town council with all applications received. (d) Thereafter, the town administrator will ensure that this issue is placed on a regular council meeting agenda as soon as reasonably possible, and no later than 60 days after the date of the vacancy. (e) The Mayor will automatically schedule an executive session prior to the designated regular council meeting for the purpose of discussion. During the designated regular council meeting in open session, the entire council will vote pursuant to parliamentary procedure. If none of the candidates prevail, the entire procedure herein will be repeated. (f) All applications will be maintained by the town clerk for a period of two years from the effective date the vacancy is filled. If the application process is opened for the same position at another time or any other position, original candidates  will be notified by the town council. In such instances, candidates may ask that their original application be reconsidered. It is so ordained this day of , . William W. Johnson, Mayor Beth Messervy, Town Clerk FIRST READING: 11/9/2017 SECOND READING:  An Ordinance Be it Ordained by the Mayor and Council of the Town of Summerville, in Council Assembled that Chapter 32 – Zoning, Article V. – Special Use Permits, Section 32-212- Conditional use permits for bed and breakfast establishments be amended by adding to the end of the first paragraph the following sentence “ Additionally, for purpose of this section, “individual” means a human being who has been qualified and granted a four percent (4%) homeowners rate through the appropriate County Taxing Authority and owns a controlling fee simple title to the real estate upon which the Bed & Breakfast is located.” so that after the amendment the first paragraph of Section 32-212 shall read as follows: For purposes of this section, “bed and breakfast” means a residential-type lodging facility having no more than five guest rooms where transient guests are fed and lodged for pay. This section does not apply to other types of transient accommodations, such as hotels, motels, motor inn, resorts, rooming houses, boarding house, hunting lodges or campgrounds. Additionally, for purpose of this section, “individual” means a human being who has been qualified and granted a four percent (4%) homeowners rate through the County Taxing Authority and owns a controlling fee simple title to the real estate upon which the Bed & Breakfast is located.  RESOLUTION A RESOLUTION ESTABLISHING A BEAUTIFICATION AD HOC COMMITTEE WHEREAS, The Town of Summerville desires to create a Beautification Ad Hoc Committee; and, WHEREAS, this committee will work toward the beautification of Summerville and the surrounding area; and, WHEREAS, this committee will work with other area groups including the area schools toward the common goal; and WHEREAS, the committee members will be appointed by the mayor and approved by council; and, WHEREAS, each appointee will serve for a period of one year unless reappointed for a subsequent term, or removed for cause. NOW, THEREFORE, BE IT RESOLVED by Summerville Town Council, in a meeting duly assembled; that the Beautification Ad Hoc Committee shall be established. DONE this day of , 2018 SUMMERVILLE, SOUTH CAROLINA William W. Johnson, Mayor ATTEST: Beth Messervy Town Clerk