Town Council

Town of Summerville Council Meeting Thursday, September 12, 2019 - 6:00 p.m. Summerville Municipal Complex – 200 South Main Street AGENDA 1. Call to Order 2. Invocation and Pledge of Allegiance – Councilman Aaron Brown 3. Approval of Minutes of Previous Meetings a. Town Council Meeting, August 8, 2019 b. Special Called Council Meeting, August 23, 2019 c. Special Called Council Meeting, August 30, 2019 4. Approval of Council Committee Reports a. Parks and Recreation Committee – Monday, September 9, 2019 b. Planning and Development Committee – Monday, September 9, 2019 c. Public Works Committee – Monday, September 9, 2019 d. Finance Committee – Monday, September 9, 2019 5. Public Comment – For items on the September 12, 2019 Town Council meeting agenda only 6. Petitions: N/A 7. Pending Bills and Resolutions a. Second and final reading of an ordinance to annex Dorchester County TMS# 136-00-00-140 (approximately 3.82 acres), Lots 1 and 2, located at 111 W. Butternut Rd., currently zoned R- 4 Multi-Family Residential in Dorchester County and will be zoned R-3 Single-Family Residential Attached Buildings (Lot 2) and B-2 Neighborhood Business Center (Lot 1) upon annexation into the Town of Summerville’s municipal limits. (Council District 1) b. Second and final reading of a Unified Development Ordinance proposed to repeal and replace in its entirety Town Code, Chapter 32, Zoning; Chapter 22, Stormwater Management; Chapter 20, Article II, Planning Commission; and Article III, Development Standards, Section 20-71, Roads; and Chapter 6, Article III, Flood Damage Prevention. c. Second and final reading of an ordinance to grant a quit claim deed to Hoover Summerville, LLC for an unopened portion Gum St. Extension, preserving unto the Town a perpetual easement for drainage and public utilities. Town Council Agenda – September 12, 2019 Page 3 d. Second and final reading of an ordinance to amend Chapter 2, Article V (Finance), Division 2 (Purchasing), Sec. 2-322 by adding subparagraph (6). e. Second and final reading of an ordinance to amend Chapter 20 – Planning and Development; Article V – Traffic Impact Analysis; Section 20-152 – Traffic Impact Analysis Required, Subsection (a) – Applicability. Planning Commission held a public hearing and made a recommendation for approval at the meeting on August 20, 2019. The Planning and Development Committee voted to move the item back to full Council for second reading with a recommendation for approval at their meeting on September 9, 2019. f. Second and final reading of an ordinance to amend Chapter 32 – Zoning, Article III – Zoning District Regulations, Sections 32-122, 32-123, 32-124, 32-125, 32-126, 32-127, and 32-128 by adding a new section to provide for a moratorium on the subdivision of a tract of land into five or more parcels. Planning Commission held a public hearing and voted down the motion to approve the moratorium ordinance at their meeting on August 20, 2019. The Planning and Development Committee voted to move the item back to full Council for second reading with no recommendation at their meeting on September 9, 2019. 8. Introduction of Bills and Resolutions: 9. Miscellaneous a. Discussion of Five Points roundabout proposal b. Consideration of Historic Guidelines resolution c. Consideration of MASC Hometown Economic Development Grant resolution d. Discussion of North Gum Street extension e. Mayor’s Remarks 10. Public Comment (open) 11. Executive Session: Legal matters a. Legal matter related to condemnation of tracts in the North Maple Street project. b. Legal matter related to all lawsuits against the Town of Summerville c. Legal advice regarding pending litigation on E911 case d. Legal matter regarding mediation between D. Sarrocco and the Town of Summerville 12. Other Business a. Action to be Taken by Council Related to Executive Session 13. Adjourn  Wiley Johnson, Mayor Town Administrator Colin L. Martin Council Members: Bob Jackson, Mayor Pro-Tem Town Clerk Walter Bailey Beth Messervy Aaron Brown Christine Czarnik Town Attorney Kima Garten-Schmidt G.W. Parker William McIntosh Town of Summerville COUNCIL MEETING MINUTES August 8, 2019 ATTENDANCE Present: Mayor Wiley Johnson, Councilmembers Christine Czarnik, Aaron Brown, Kima Garten-Schmidt, Walter Bailey, Bob Jackson and Bill McIntosh. A quorum was present. Town Administrator Colin Martin, Town Clerk Beth Messervy, and Town Attorney G.W. Parker were also present. Public and press were duly notified. CALL TO ORDER The regular monthly meeting of Summerville Town Council was called to order at 6:00 p.m. on Thursday, August 8, 2019 by Mayor Johnson. The meeting was opened with prayer led by Ms. Dora Ann Reaves, followed by the Pledge of Allegiance. APPROVAL OF MINUTES OF PREVIOUS MEETINGS Mr. McIntosh made a motion, seconded by Mr. Brown, to approve the combined minutes of the July 11, 2019 Town Council meeting and July 16, 2019 Special Called Council meeting. The motion carried unanimously, and the minutes were accepted into record. APPROVAL OF COUNCIL COMMITTEE REPORTS Mr. Jackson made a motion, seconded by Mr. Bailey, to accept the combined minutes of the August 5, 2019 meetings of the Parks and Recreation Committee, Planning and Development Committee, Public Works Committee, and Finance Committee. The motion carried unanimously, and the minutes were accepted into record. PUBLIC COMMENTS- Items on August 8, 2019 Council Agenda Mayor Johnson called for any comments from the public related to items on the Town Council August 8, 2019 agenda. Robbie Robbins spoke on behalf of Hoyer Investments to ask that Council table item 7c on the agenda, as Hoyer was not able to get the Fiscal Impact Analysis back in time to discuss it with Council. August 8, 2019 Page 2 Xandrina Riley spoke against the requirement for independent contractors to carry their own liability insurance at the Rollins Edwards Community Center. She is holding a class there for child crisis intervention, and she cannot afford the extra insurance. She also does not believe that her activites would validate having extra insurance. Tom Conry, representing the Del Webb Nexton community, thanked the Town staff and Hoyer Investments for keeping them informed on the possible annexation of 973 acres near the Del Webb property. Stan Glenn spoke in favor of the second reading of the rezoning of 602 West 5th North Street to B1. He stated that there is no market for single family homes on that section of Highway 78 anymore. Bob Mendes, the founder of the Junior Jazz Foundation, spoke with concern about the possible requirement for independent contractors to carry their own liability insurance for holding activities at the RECC. He stated that their foundation would not be able to afford it, as they are giving their lessons to children for free. There being no further comments from the public, Mayor Johnson closed this part of the meeting. PETITIONS Mr. McIntosh made a motion, seconded by Mr. Jackson, to approve on first reading of a petition by Iron Gate Homes, LLC to annex Dorchester County TMS# 136-00-00-140 (approximately 3.82 acres), Lots 1 and 2, located at 111 W. Butternut Rd., currently zoned R-4 Multi-Family Residential in Dorchester County and will be zoned R-3 Single-Family Residential Attached Buildings (Lot 2) and B-2 Neighborhood Business Center (Lot 1) upon annexation into the Town of Summerville’s municipal limits. (Council District 1). The motion carried unanimously. PENDING BILLS AND RESOLUTIONS Mr. Brown made a motion, seconded by Ms. Garten-Schmidt, to approve on second and final reading of an ordinance to rezone TMS# 130-15-04-002, located at 602 W. 5th North Street, approximately 0.81 acres, and owned by Helen Morris Glenn Estate from R-1, Single-Family Residential, to B-1, Residential Business (Council District 1). Mayor Johnson made a motion, seconded by Mr. Brown, to postpone second and final reading of a Unified Development Ordinance proposed to repeal and replace in its entirety Town Code, Chapter 32, Zoning; Chapter 22, Stormwater Management; Chapter 20, Article II, Planning Commission; and Article III, Development Standards, Section 20-71, Roads; and Chapter 6, Article III, Flood Damage Prevention to the September Council meeting. The motion carried unanimously. 200 South Main Street, Summerville, SC 29483-6000 * 843.871.6000, Fax: 843.871.6954 www.SummervilleSC.gov August 8, 2019 Page 3 Mayor Johnson made a motion, seconded by Mr. Bailey, to postpone second and final reading of an ordinance to annex Berkeley County TMS# 208-00-02-013 (approximately 973 acres) located off of the Nexton Parkway Interchange and Linda Way, currently zoned HI, Heavy Industrial, and Flex1, Agricultural, in Berkeley County and will be zoned PUD, Planned Development District, upon annexation into the Town of Summerville’s municipal limits to the September Council meeting. The motion carried unanimously. Mayor Johnson made a motion, seconded by Ms. Czarnik, to move second and final reading of an ordinance to grant a quit claim deed to Hoover Summerville, LLC for an unopened portion Gum St. Extension, preserving unto the Town a perpetual easement for drainage and public utilities to the September Council meeting. The motion carried unanimously. INTRODUCTION OF BILLS AND RESOLUTIONS Mayor Johnson made a motion, seconded by Ms. Czarnik to give first reading to an ordinance to amend Chapter 2, Article V (Finance), Division 2 (Purchasing), Sec. 2-322 by adding subparagraph (6). Mayor Johnson presented the proposed ordinance change to say that if a change order makes the total cost exceed the bid price, staff should ask Council for approval on the change order. Ms. Czarnik stated that it would be helpful to know how often a final contract price varies from the proposed contract price. She also stated the for large projects, staff should give Council a report on the budgeted amount, the bid amount, and the final price. Some discussion followed. The motion carried unanimously. MISCELLANEOUS Rebecca Vance with Dorchester County explained further and answered questions regarding the proposed Oakbrook area TIF project between the County, the Town, and Dorchester School District Two. Mr. Jackson made a motion, seconded by Mr. Brown, to adopt a resolution for the Town of Summerville to join the County and School District in the project. The motion carried unanimously. Doyle Best, Director of Parks and Recreation, discussed the issue of independent contractors at the Rollins Edwards Community Center having their own separate liability insurance policies. Some discussion followed regarding whether or not the Town’s liability insurance would cover the activities of the independent contractors, as well as how nonprofits could afford liability insurance if they were only charging a minimal amount for their services at the RECC. Mayor Johnson asked that the topic be put on the agenda for the Special Called Council Meeting – UDO Workshop on August 14, 2019 so that Mr. Best and Town Attorney GW Parker could gather more information regarding what the Town’s policy covers. Mr. Brown made a motion, seconded by Mr. Jackson, to not require insurance of nonprofits operating at the RECC. Mayor Johnson stated that the motion was not specific enough. Mr. Brown withdrew his motion, and the Mayor asked that Mr. Best and Mr. Parker come up with a more specific motion for the August 14, 2019 meeting. 200 South Main Street, Summerville, SC 29483-6000 * 843.871.6000, Fax: 843.871.6954 www.SummervilleSC.gov August 8, 2019 Page 4 Madelyn Robinson, Assistant Town Administrator, reported that she met with Doyle Best and the tourism staff at the Chamber of Commerce to discuss holiday decorations. She proposed that the Town use the holiday banners from 2018 again this year, as they are in good shape. These banners would be on display from mid-November until the end of January. Mrs. Robinson also reported that the Town could purchase patriotic banners using the Town’s tourism logo to be displayed from May – September for the patriotic holidays. Some discussion followed. Mrs. Robinson stated that the cost for the holiday banners for the 2019 season would cost between $1700-$2000, which does not include installation or storage. The money would come out of the Local Hospitality and Accommodations Tax budget. Mr. Jackson made a motion, seconded by Ms. Czarnik, for the Town Administrator to move ahead with the proposed banner plan. The motion carried unanimously. PUBLIC COMMENT (Open): Mayor Johnson called for any comments from the public. There being no comments, Mayor Johnson closed public comment. EXECUTIVE SESSION: Town Attorney G.W. Parker explained the topics to be discussed in Executive Session: Legal matter related to condemnation of tracts in the North Maple Street project; personnel matters related to appointment of Associate Municipal judge; legal / personnel matter related to employee disciplinary actions; receive legal advice and update on status of Croft litigation. Mr. Brown made a motion, seconded by Mr. Jackson, to enter into Executive Session. The motion carried unanimously, and Council entered into Executive Session at 7:03pm. OTHER BUSINESS: Council reconvened at 8:05pm in Chambers. Town Attorney GW Parker explained that no action was taken on legal matter related to condemnation of tracts in the North Maple Street project; personnel matters related to appointment of Associate Municipal judge; legal / personnel matter related to employee disciplinary actions; receive legal advice and update on status of Croft litigation. Mr. Bailey made a motion, seconded by Mr. Jackson, to reappoint Greg Hyland to the Associate Municipal Judge position for a term of 4 years. The motion carried unanimously. ADJOURN There being no further business, the meeting adjourned at 8:07pm on motion of Mr. Brown. The motion carried unanimously. Respectfully submitted: APPROVED: 200 South Main Street, Summerville, SC 29483-6000 * 843.871.6000, Fax: 843.871.6954 www.SummervilleSC.gov August 8, 2019 Page 5 _______________________ ___________________________________ Beth Messervy, Town Clerk William W. Johnson, Mayor 200 South Main Street, Summerville, SC 29483-6000 * 843.871.6000, Fax: 843.871.6954 www.SummervilleSC.gov  Wiley Johnson, Mayor Town Administrator Colin L. Martin Council Members: Bob Jackson, Mayor Pro-Tem Town Clerk Walter Bailey Beth Messervy Aaron Brown Christine Czarnik Town Attorney Kima Garten-Schmidt G.W. Parker William McIntosh Town of Summerville SPECIAL CALLED COUNCIL MEETING MINUTES August 23, 2019 ATTENDANCE Present: Mayor Wiley Johnson, Councilmembers Christine Czarnik, Aaron Brown, Kima Garten-Schmidt, Walter Bailey, Bob Jackson and Bill McIntosh. A quorum was present. Town Administrator Colin Martin, Town Clerk Beth Messervy, and Town Attorney G.W. Parker were also present. Public and press were duly notified. LEGAL ACTION AGAINST OPIOID MANUFACTURERS Town Attorney GW Parker stated that Sandy Senn asked the Town of Summerville to join her lawsuit against a specific manufacturer of opioids. After reviewing the statistic of opioid use in the Town and Dorchester County, Mr. Parker reported that he feels strongly that the Town should join in on the lawsuit. The settlement is scheduled to be announced on Monday, August 26, 2019. Mr. Jackson made a motion, seconded by Mr. Bailey, authorizing the Town Attorney to enter into a contract for legal services with Sandra J. Senn and Senn Legal, LLC to represent the Town in the “In Re: South Carolina Opioid Litigation” and file suit against Purdue Pharma L.P., et al in accordance with the draft document submitted to Council. Some discussion followed regarding what the money awarded from the settlement should be used for. The motion carried unanimously. MAYOR’S COMMENTS Mayor Johnson commended the IT staff for doing all that they have to allow the Town to be more transparent to its citizens. August 23, 2019 Page 2 ADJOURN There being no further business, the meeting adjourned at 11:12am on motion of Mr. McIntosh, seconded by Mr. Brown. The motion carried unanimously. Respectfully submitted: APPROVED: _______________________ ___________________________________ Beth Messervy, Town Clerk William W. Johnson, Mayor 200 South Main Street, Summerville, SC 29483-6000 * 843.871.6000, Fax: 843.871.6954 www.SummervilleSC.gov  Wiley Johnson, Mayor Town Administrator Colin L. Martin Council Members: Bob Jackson, Mayor Pro-Tem Town Clerk Walter Bailey Beth Messervy Aaron Brown Christine Czarnik Town Attorney Kima Garten-Schmidt G.W. Parker William McIntosh Town of Summerville SPECIAL CALLED COUNCIL MEETING MINUTES August 30, 2019 ATTENDANCE Present: Mayor Wiley Johnson, Councilmembers Christine Czarnik, Aaron Brown, Kima Garten-Schmidt, Walter Bailey, Bob Jackson and Bill McIntosh. A quorum was present. Staff was also present. Public and press were duly notified. CALL TO ORDER Mayor Wiley Johnson called the Special Council Meeting to order at 3:00pm on Friday, August 30, 2019. REASSESSMENT PROCESS Town Administrator Colin Martin gave a brief introduction, and Finance Director Andrew Shelton gave an overview of the reassessment process. He explained the Counties’ calculation of rollback millage. He reported that the final rollback millage was calculated to be 60.2; staff’s recommended millage for 2020 is 62.1 to account for an increase in growth. Mr. Shelton answered questions from Council. Mr. Martin proposed that a budget retreat be held on September 20, 2019. DISCUSSION OF MILLAGE There was discussion on whether or not the Town should switch to a fiscal year budget instead of the calendar year budget that they have been operating on so as to make the millage and budgeting process easier. Mr. McIntosh made a motion, seconded by Mr. Bailey, to set millage at 59.5. Some discussion followed regarding increases and decreases of millage revenue from previous years. The motion carried 5-2 with Ms. Czarnik and Mr. Brown voting in opposition. August 30, 2019 Page 2 ADJOURN Mr. Jackson made a motion, seconded by Mr. McIntosh, to adjourn. The motion carried unanimously, and the meeting adjourned at 3:36pm. Respectfully submitted: APPROVED: _______________________ ___________________________________ Beth Messervy, Town Clerk William W. Johnson, Mayor 200 South Main Street, Summerville, SC 29483-6000 * 843.871.6000, Fax: 843.871.6954 www.SummervilleSC.gov  jpeg, pdf, png, gif and an eps file T O W N O F S UM M ER VIL LE P AR KS & R E C RE ATI O N D E PA RT ME N T “Creating Sense of Place Through Parks & Play” TO: Beth Messervy, Town Clerk CC: Colin Martin, Town Administrator Russ Cornette, Public Works Director FROM: Doyle Best, Parks & Recreation Manager DATE: September 11, 2019 RE: Parks & Recreation Committee Minutes The Parks & Recreation Committee met on Monday, September 9, 2019 in the Council Chambers of the Town Hall Annex. All committee members were present. Members of the press were duly notified and present. Chairman Bob Jackson called the meeting to order at 5:30PM. 1) Discussion of Possible Soccer Program – Mr. Brown asked the committee to consider offering Wassamassaw Park to Joe Amon as a location for a soccer program for youth in the community. Following some discussion, Mr. Jackson suggested having Mr. Amon meet with staff and/or the committee to see how to move forward. With no other business to discuss, Ms. Garten-Schmidt made a motion (seconded by Mr. Brown) to adjourn. Motion passed unanimously and the meeting adjourned at 5:35 PM. Sincerely, Doyle Best Manager, Parks & Recreation  PLANNING AND DEVELOPMENT COMMITTEE REPORT for September 9, 2019 5:30 PM TOWN HALL – Council Chambers 200 S. Main Street, Summerville, SC The Planning and Development Committee of Town Council met on September 9, 2019 at 5:30 PM. The meeting was held in the Council Chambers of Town Hall, 200 S. Main Street, Summerville, SC. Committee members present included Bill McIntosh, Chairman, Council District 4, Bob Jackson, Council District 6, and Christine Czarnik, Council District 2. Staff members present included Jessi Shuler, AICP, Director of Planning and other Town staff. The meeting was called to order immediately following the Parks and Recreation Committee meeting at 5:35 PM by Mr. McIntosh. Historic Guidelines resolution: Ms. Shuler explained that the grant for the Historic District Design Guidelines required that they be finalized and approved by the end of September. She reminded the Committee that no ordinance is required for approval as these are supplemental guidelines referenced by the ordinance. The BAR held their final public meeting and training on use of the guidelines at the end of August. Unfortunately, Ms. Shuler did not have a copy of the final document, as the BAR meeting last week was cancelled due to Hurricane Dorian, so she was just able to get final edits to the consultant today. She stated that the consultant would have the final document back to her this week, but she emailed Council the final draft prior to the last BAR public meeting. Ms. Shuler noted that since this was a supplemental document, and not an ordinance, changes or edits could be made without having to go through two readings of Council. Following the discussion, Mr. Jackson made a motion to recommend preliminary approval to Council, and Ms. Czarnik made the second. Mr. Jackson asked Ms. Shuler to email the final draft and the final changes requested by BAR prior to Thursday’s Council meeting. The motion passed unanimously. Update on moratorium and traffic impact analysis: Ms. Shuler informed the Committee that the Planning Commission unanimously voted not to recommend approval of the moratorium at their meeting on August 20. Mr. McIntosh asked for clarification on the Planning Commission’s vote. She explained that the motion was actually to recommend approval, and the motion failed with all six members in attendance voting in opposition. Ms. Shuler noted that the Planning Commission was not comfortable with the moratorium only covering one zoning district for legal reasons, and they felt that a moratorium on all residential districts would have a negative effect on the economic development of the Town. Mr. McIntosh asked for clarification on the ordinance that the Planning Commission considered, and Ms. Shuler confirmed that it was the amended ordinance that received first reading by Council at their meeting in July. At the request of Mr. McIntosh, Ms. Shuler read the ordinance in its entirety. Ms. Czarnik asked Town Attorney, G.W. Parker, to provide his legal opinion on the ordinance as currently written focusing on R-2 zoning only. Mr. Parker expressed his belief that applying the moratorium to one zoning district could be legally questionable. Following the discussion, Mr. Jackson made a motion to send the moratorium back to full Council with a recommendation to deny, and Mr. McIntosh made the second. Mr. Jackson stressed that he did not feel that a moratorium was the right way to go, and the UDO will cover Council’s concerns. Ms. Czarnik noted that the moratorium will go to full Council for second reading no matter what recommendation the Committee makes. Mr. McIntosh stated that he would rather it move forward with no recommendation. Mr. Jackson amended his motion to move the moratorium to full Council without a recommendation, and Mr. McIntosh seconded the amendment. The amendment passed unanimously, and then the amended motion also passed unanimously. Ms. Shuler informed the Committee that the Planning Commission unanimously voted to recommend approval of the amendments to the Traffic Impact Analysis at their meeting on August 20. Mr. Jackson made a motion to send the ordinance back to full Council with a recommendation for approval, and Ms. Czarnik made the second. The motion passed unanimously. Following no additional business or discussion, the meeting was adjourned at 5:54 PM on a motion by Ms. Czarnik, and a second by Mr. Jackson. Respectfully submitted, Jessi Shuler, AICP September 10, 2019 Director of Planning  TOWN OF SUMMERVILLE FINANCE COMMITTEE REPORT September 9, 2019 The Finance Committee met on Monday, August 9, 2019 in Council Chambers on the third floor of the Annex building at 200 South Main Street. Present were Mayor Johnson and Councilmembers Aaron Brown, Walter Bailey, Bob Jackson, Kima Garten-Schmidt, Christine Czarnik and Bill McIntosh. Also present were Town Administrator Colin Martin, Town Clerk Beth Messervy and Town Attorney G.W. Parker. Other staff members, members of the press and members of the public were duly notified and also present. Welcome Mayor Johnson welcomed everyone and called the meeting to order at 6:22pm. Public Comment Mayor Johnson called for comments from the public. There being none, Mayor Johnson closed this part of the meeting. Presentation of Andrew Shelton presented the August 2019 financial report. The Financial Report report was accepted as information. MASC Hometown Economic Michael Lisle, Economic Development Coordinator, presented the Development Grant Town’s submission for the Municipal Association of South Carolina’s Hometown Economic Grant – bike sharing system. He stated that the maximum amount awarded is $25,000, and the Town would need to provide a 15% match. He explained the details of the $35,000 project and answered questions from Council. The official resolution to apply for the grant will be on the agenda at the Council meeting on Thursday, September 12, 2019. ALS of North Andrew Shelton, Finance Director, explained that the amount that Carolina mast arms Council approved to be paid on the change orders to ALS of North change order Carolina had already been paid. Town Attorney GW Parker and Town Engineer Russ Cornette are still trying to schedule a meeting with ALS of North Carolina to review the remaining change orders that are due to be paid. Holiday Decorations Madelyn Robinson, Assistant Town Administrator, reported that the Updates holiday banners in the Town will be up by November 15, 2019 and taken down at the end of January. Some discussion followed regarding honoring all of the federal holidays with decorations. Ms. Robinson reported that Council had approved having patriotic banners up from May – September, beginning in 2020. Discussion of Mr. Bailey made a motion to table the annexation of 973 acres Proposed/Upcoming applied for by Hoyer Investments on the Council meeting agenda for Council Agenda Thursday, September 12, 2019. Mayor Johnson did not accept the Items motion. Some discussion followed regarding if the Finance Committee could table an item on a Council agenda. Mr. Bailey withdrew his motion, and Mayor Johnson stated that the motion was illegal. Mayor Johnson added the second reading of the annexation to the agenda for the Special Called Council Meeting (UDO Workshop) on Wednesday, September 11, 2019. Finance Committee Report September 9, 2019 Page 2 Adjourn Mr. McIntosh made a motion, seconded by Mr. Bailey, to adjourn. The motion carried 6-1, with Mayor Johnson voting in opposition. The meeting was adjourned at 7:15pm. Respectfully submitted, Beth Messervy ___________________ Beth Messervy Town Clerk 40 41 42 43 44 45 46 47 48 49 50 75  AN ORDINANCE 19- AN ORDINANCE TO AMEND CHAPTER 20 – PLANNING AND DEVELOPMENT; ARTICLE V – TRAFFIC IMPACT ANALYSIS BE IT ORDAINED, by the Mayor and Council of the Town of Summerville, in Council assembled, that Chapter 20 – Planning and Development; Article V – Traffic Impact Analysis; Section 20-152 – Traffic Impact Analysis Required, Subsection (a) is hereby amended as follows: Section 20-152 – Traffic Impact Analysis Required a) Applicability. A traffic impact analysis (TIA) shall be required for any development that would generate more than 100 50 trips during the peak hour on the adjacent street in accordance with the ITE Trip Generation Manual, latest edition. a. A second phase, second subdivision, or addition that generates traffic beyond this threshold when taken as a whole shall also require a TIA, even though that development does not qualify on its own. b. Change of use. A new TIA will be required if the new use would generate traffic beyond the 100 50 trips during peak hour threshold. c. A TIA can be required at any time as determined by the town engineer or designee. c. A TIA can be required at any time as determined by the town engineer or designee in his/her sole discretion and judgement when there is a belief that the development may create an adverse impact to the surrounding area.  AN ORDINANCE AN ORDINANCE TO PROVIDE FOR A MORATORIUM ON THE SUBDIVISION OF A TRACT OF LAND INTO FIVE OR MORE PARCELS. BE IT ORDAINED, by the Mayor and Council members of the Town of Summerville, in Council assembled, that Chapter 32 – Zoning, Article III – Zoning District Regulations, Sections 32-122, 32-123, 32-124, 32-125, 32-126, 32-127, and 32-128 of the Code of Ordinances of the Town of Summerville, South Carolina, are hereby amending by adding a new Section as follows: WHEREAS, the Town of Summerville has established by ordinance a hierarchy of zones designed to guide development in accordance with existing and future needs; for the purpose of promoting the health, safety, morals or general welfare of the town; lessening congestion in the streets, securing safety from fire; providing adequate light, and to prevent the overcrowding of land; avoiding undue concentration of population; facilitating the adequate provision of transportation, water, sewerage, schools, parks and other public improvements; protecting scenic and critical areas and protecting areas subject to periodic flooding; and, WHEREAS, the subdivision of tracts of land into five or more parcels for the purpose of constructing new dwelling abodes has and is placing an undue burden on the Town’s ability and resources to provide: (1) adequate fire and police protection; (2) the safety of its streets and thoroughfares; and, (3) sufficient stormwater infrastructure to prevent flooding, all of which are necessary to provide for the needs of its new and current citizens; and, WHEREAS, the Town has been unable to determine any alternative less burdensome on the property rights of its citizens; and, WHEREAS, the current Town Zoning Ordinances are insufficient to address the needs of its growing community; and, WHEREAS, the Town is currently: (1) undergoing a study to revise its Comprehensive Plan; (2) having a Traffic Impact Analysis Study performed; (3) revising a Unified Development Ordinance which has been given 1st Reading; and, (4) undergoing a Capital Needs Plan - all of which are designed for and being done to provide for orderly development for the future needs of the Town in keeping with its history and character; and, WHEREAS, the Town, in consultation with its Planning Commission and staff, will need time to determine how its Zoning Ordinance and Comprehensive Plan will best be revised upon the completion of the ongoing studies; and, WHEREAS, the Town has determined that it is necessary to protect the public’s health, safety and welfare by passing an ordinance declaring a moratorium as provided below on the division of any tract of land into five (5) or more parcels, for zones R-1, R-2., R-3, PUD (Planned Development District), R-5, R-6, and, R-7. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council Members of the Town of Summerville in Council assembled of the Town of Summerville, in Council assembled: 1. A Moratorium is hereby enacted to prevent the subdivision of any tract of land into five (5) or more parcels located in Zones R-1, R-2, R-3, PUD, R-5, R-6, and R-7; and, 2. This Moratorium shall be effective for Ninety (90) days from the date of 2nd Reading; and, 3. All Ordinances inconsistent with this Moratorium are likewise suspended to the extent of such inconsistency; and, It is so ordained on this day of , 2019 A.D. Beth Messervy, Town Clerk William W. Johnson, Mayor First reading: June 16, 2019 Public hearing: August 19, 2019 Second reading:  A RESOLUTION TO ADOPT THE TOWN OF SUMMERVILLE HISTORIC DISTRICT DESIGN GUIDELINES RECOMMENDED BY THE TOWN OF SUMMERVILLE BOARD OF ARCHITECTURAL REVIEW BE IT RESOLVED, by the Town of Summerville Council, in assembly, as follows: WHEREAS, The Board of Architectural Review (BAR) was established in 1974 as a mechanism to protect the Old and Historic District of the Town of Summerville; and, WHEREAS, The Town of Summerville is one of 36 local governments in South Carolina to achieve Certified Local Government (CLG) status, which recognizes the historic preservation program that the Town has in place, and establishes a partnership for preservation among the local government, the State Historic Preservation Office (SHPO) at the SC Department of Archives and History, and the National Park Service; and, WHEREAS, The Town’s Zoning Ordinance, Article IV Historic Preservation, Section 32-182(e), states that the BAR may adopt specific guidelines to be used in reviewing applications for a certificate of appropriateness ; and, WHEREAS, The Town was awarded a 2018 Federal Historic Preservation Grant to develop Historic District Design Guidelines from the National Park Service and Department of the Interior, and administered by the SC Department of Archives and History; and, WHEREAS, The Town of Summerville has undertaken the public process of preparing Historic District Design Guidelines to assist the Town’s BAR and property owners in determining appropriate design for rehabilitation of existing buildings and new buildings proposed for construction within the Historic District; and, WHEREAS, The Town of Summerville BAR and Planning Department prepared, reviewed and the BAR has recommended approval of this Plan. SECTION II: Therefore, the Town Council does hereby approve and adopt, the Summerville Historic District Design Guidelines. SECTION III: That should any part of this Resolution be held invalid by a court of competent jurisdiction, the remaining parts shall be severable and shall continue to be in full force and effect. SECTION IV: That this Resolution shall take effect and be in full force immediately upon approval by the Town Council of the Town of Summerville. Resolved this day of , 2019. MAYOR Attest: CLERK TO COUNCIL Mayor Town Administrator Wiley Johnson Colin L. Martin Council Members: Town Clerk Bob Jackson, Mayor Pro-Tem Beth Messervy Walter Bailey Aaron Brown Town Attorney Christine Czarnik G.W. Parker Kima Garten-Schmidt William McIntosh Town of Summerville RESOLUTION COMMITTING THE TOWN OF SUMMERVILLE TO PROVIDING A LOCAL MATCH FOR A MUNICIPAL ASSOCIATION OF SOUTH CAROLINA HOMETOWN ECONOMIC DEVELOPMENT GRANT AND FOLLOWING ITS PROCUREMENT POLICY WHEN SECURING SERVICES AND PRODUCTS WITH GRANT FUNDS BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF SUMMERVILLE here assembled on this _____ day of September 2019, that the Summerville Town Council hereby commits to provide a local cash\in-kind match of at least $3,750.00 which equals the minimum 15% percent local match required by the Municipal Association of South Carolina, to support the Town of Summerville application for a $25,000.00 Hometown Economic Development Grant. These grant and local matching funds will be used for the Summerville Bike Share: Putting the ECO in Economic Development. BE IT FURTHER RESOLVED that the Council will follow its procurement policy adopted in accordance with SC Code of Laws Section 11-35-50 when securing all services and products purchased with funds awarded from a Hometown Economic Development Grant. This resolution is made in regard to the submission of an application for Hometown Economic Development Grants funds to the Municipal Association of South Carolina on or before September 27, 2019. __________________________________________________ William W. Johnson, Mayor Town of Summerville ATTEST: __________________________________________________ Beth Messervy, Town Clerk Town of Summerville 200 South Main Street, Summerville, SC 29483-6000 * 843.871.6000, Fax: 843.871.6954 www.SummervilleSC.gov