Town Council

h Town of Summerville Council Meeting Thursday, July 9, 2020 - 6:00 p.m. VIRTUAL MEETING This meeting will be conducted electronically and livestreamed on the Town’s website: www.summervillesc.gov PUBLIC COMMENT FOR THIS MEETING: Citizens can sign up for public comment in one of two ways: 1) Send your comments to publiccomments@summervillesc.gov before 4:30pm on Thursday, July 9, 2020. Please include your name, address, and the topic that you are addressing. You will receive a confirmation email once your submission has been received. Your email will be read aloud by the Town Clerk at the appropriate time. Please note that your submission in its entirety is public record, subject to the Freedom of Information Act. 2) Send an email to publiccomments@summervillesc.gov before 4:30pm on Thursday, July 9, 2020 to register to speak from your phone during the correct public comment time on the agenda. Please include your name, address, and the topic that you wish to address. A confirmation email will be sent to you with the link and/or phone number to use. Participants will be called on individually by the meeting host and be given 1 minute to speak. Please note that you are being recorded and livestreamed to the public. AGENDA 1. Call to Order 2. Invocation and Pledge of Allegiance - Councilman Terry Jenkins 3. Approval of Minutes of Previous Meetings a. Town Council Meeting – June 11, 2020 b. Standing Committee Meetings – June 11, 2020 c. Special Called Meeting – June 29, 2020 d. Special Called Meeting – July 7, 2020 4. Presentation – Greater Summerville/Dorchester County Chamber of Commerce 5. Public Comment – For items on the July 9, 2020 Town Council meeting agenda only 6. Petitions – N/A Town Council Agenda – July 9, 2020 Page 2 7. Pending Bills and Resolutions: a. Second and final reading of General Bond Ordinance to allow the Summerville Commissioners of Public Works to issue Water and Sewer Bonds to fund various projects. b. Second and final reading of an ordinance to rezone TMS#s 154-00-00-073, Miles-Jamison Road; and 154-06-15-006, 310 Beverly Drive (approximately 306.809 acres), and owned by Dorchester County from PUD, Planned Development District, to PL, Public Lands (Council District 6). c. Second and final reading of an ordinance to annex Dorchester County TMS# 144-01-00- 005 (approximately 1.00 acre) located at 795 Orangeburg Road, currently zoned R-4 Multi-Family Residential in Dorchester County and will be zoned PUD Planned Development District upon annexation into the Town of Summerville’s municipal limits and the existing PUD for the Knightsville Tract shall be amended to include this parcel for open space and commercial uses. d. Second and final reading of an ordinance to amend the Summerville Comprehensive Plan Section I and Town of Summerville Future Land Use Map #2, currently designated as Employment Growth District to Neighborhood Mixed Use with a Commercial Activity Center Focal Point at the area closest to Interstate 26. e. Second and final reading of an ordinance to amend the Summerville Unified Development Ordinance Title 8 Tree Protection, Landscaping & Screening, Chapter 3 Tree Protection, Subsection 3.B.3. Preservation During Construction. f. 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. (Council District 2) g. Second and final reading of an ordinance approving a Proposed Development Agreement for HIC LAND, LLC (Whitfield Tract) or its successor in title and authorizing the execution and delivery of a Development Agreement and other instruments including the implementation of a Planned Unit Development document relating thereto by and between the Town of Summerville and HIC LAND, LLC– Berkeley County TMS# 208-00-02-013 for a total of 973 acres. 8. Introduction of Bills and Resolutions a. First reading of an ordinance to amend the Summerville Unified Development Ordinance, Chapter 5, Section 5.6.9, Alley; Chapter 10, Section 10.2.1.A, Applicability, Section 10.4.2.A, Monument Signs, Section 10.7.2.C, Temporary Banners; Maximum Area, and Section 10.8, Signs That Do Not Require A Permit. Town Council Agenda – July 9, 2020 Page 3 9. Miscellaneous a. Consideration of an emergency ordinance requiring individuals to wear face coverings in retail and foodservice establishments, and matters related thereto. b. Consideration of an ordinance to temporarily suspend the normal operating procedures of the Town by closing Town Hall/Annex and authorizing the Town Administrator and Mayor to develop and implement a plan to ensure the orderly continuance of Town services. c. Consideration of recommendations from the State Accommodations Tax Advisory Committee on funding for 2020. d. Consideration of request from Dorchester Free School Board e. Consideration of Town implementing eminent domain for road right-of-way acquisition if necessary for the intersection improvements for US-17A and Tupperway Drive for the Six Oaks PUD. 10. Public Comment (Open to all subjects) 11. Executive Session: Personnel, contractual and legal matters a. Personnel matter related to hiring of Human Resources Manager b. Personnel matter to discuss the status of the Town Attorney position c. To receive legal advice on the Parks and Recreation Millage Concurrence Agreement d. Contractual matters related to Steven Fooshe & Associates, LCC e. Contractual matters related to leases of Town owned property at 100 West Richardson Avenue 12. Other Business a. Action to be taken by Council related to Executive Session 13. Adjourn  AN EMERGENCY ORDINANCE 20‐0703 REQUIRING INDIVIDUALS TO WEAR FACE COVERINGS IN RETAIL AND FOODSERVICE ESTABLISHMENTS, AND MATTERS RELATED THERETO WHEREAS, the 2019 Novel Coronavirus (“COVID‐19”) is a respiratory disease that can result in serious illness or death by the SARS‐CoV‐2 virus, which is a new strain of coronavirus previously unidentified in humans and which can spread from person to person; and WHEREAS, the Centers for Disease Control and Prevention (the “CDC”) has warned of the high public health threat posed by COVID‐19 globally and in the United States; and WHEREAS, on January 31, 2020, the United States Department of Health and Human Services Secretary declared a public health emergency in the United States for COVID‐19 under Section 391 of the Public Health Service Act; and WHEREAS, on March 13, 2020, the President of the United States declared that the COVID‐19 outbreak in the United States constitutes a national emergency, which began on March 1, 2020; and WHEREAS, also on March 13, 2020, the Governor of the State of South Carolina (the “State”) issued Executive Order 2020‐08, declaring a State of Emergency based on a determination that the COVID‐19 poses an actual or imminent public health emergency for the State; and WHEREAS, the Governor of the State has subsequently declared a continued State of Emergency in Executive Orders 2020‐15 (March 28), 2020‐23 (April 12), 2020‐29 (April 27), 2020‐35 (May 12), 2020‐38 (May 27), and 2020‐40 (June 11); and WHEREAS, the State is experiencing a dramatic increase in the number of identified new COVID‐ 19 cases, and as of July 3, 2020, the South Carolina Department of Health and Environmental Control (“DHEC”) is reporting that there have been 41,413 confirmed COVID‐19 cases and 787 confirmed COVID‐19 deaths in the State; and WHEREAS, if COVID–19 cases continue to increase in the State and in the TOWN of Summerville], the demand for medical, pharmaceutical, personal, and general cleaning supplies may overwhelm sources of supply; the private and public sector work force may be negatively impacted by absenteeism; and the demand for medical facilities may exceed locally available resources; and WHEREAS, health authorities, including the CDC, the Surgeon General of the United States, and DHEC have recommended the use of face coverings as a means of preventing the spread of COVID‐19; and Page 1 of 6 WHEREAS, S.C. Code § 5‐7‐250(d) provides that “to meet public emergencies affecting life, health, safety or the property of the people, council may adopt emergency ordinances … by the affirmative vote of at least two‐thirds of the members of council present. An emergency ordinance is effective immediately upon its enactment without regard to any reading, public hearing, publication requirements, or public notice requirements. Emergency ordinances shall expire automatically as of the sixty‐first day following the date of enactment;” and WHEREAS, the Council for the Town of Summerville has determined, based on the recommendations of public health experts and responsive to a serious threat to the public health, safety, and welfare of its citizens, that it would serve the public interest and be within the TOWN’s police powers under Home Rule and S.C. Code § 5‐7‐60 to require that individuals wear face coverings in certain situations and locations; and WHEREAS, the South Carolina Attorney General, on June 25, 2020, issued a public statement that enacting local mask requirements is within the police power of municipalities and is not preempted by State law; and WHEREAS, this Emergency Ordinance must be approved approved by at least two‐thirds of the Councilmembers present at the meeting in which it was considered; NOW, THEREFORE, be it ordained by the TOWN Council of the TOWN of Summerville, SC as follows: Section 1. Definitions. As used herein, the terms below shall have the following meanings 1) “Establishment” means, but not limited to: Foodservice Establishments, Retail Establishments, Professional Offices or any other Establishment, Office or Business where face‐to‐face interaction occurs between those gathered therein. 2) “Face Covering” means a uniform piece of cloth, fabric, or other material that securely covers a person’s nose and mouth and remains affixed in place without the use of one’s hands. Face Coverings include, but are not limited to, bandanas, medical masks, cloth masks, scarves, and gaiters, provided that they are worn such that they securely cover the person’s nose and mouth. 3) “Foodservice Establishment” means any establishment within the TOWN that sells prepared food on a delivery or carry‐out basis. 4) “Responsible Person,” with respect to an Establishment, means any individual associated with the Establishment who has the authority and ability to enforce the requirements of the Ordinance within the Establishment, such as an owner, manager, or supervisor. “Responsible Person” may also include an employee or other designee that is present at the Establishment but does not have the title of manager or supervisor, but who has the temporary or designated authority and ability to ensure that the requirements of this Ordinance are met while the Establishment is open to the public with or without invitation. Page 2 of 6  5) “Retail Establishment” means, but is not limited to any retail business, organization, establishment, or facility open to the public, with or without invitation, within the TOWN, including, but not limited to: a) grocery stores, convenience stores, and any other establishment engaged in the retail sale of non‐prepared food; b) commercial stores engaged in the retail sale of goods or services to the public including without limitation sporting goods stores; furniture and home‐furnishings stores; clothing, shoe, and clothing‐accessory stores; banks; jewelry, luggage, and leather goods stores; department stores; hardware and home‐improvement stores; book, craft, and music stores; florists and flower stores; salons; barber shops; professional offices and all other business concerns which rely on face‐to‐face contact between staff or between staff and patrons; c) pharmacies and other stores that sell medications or medical supplies; d) alcoholic beverage stores; and e) laundromats. f) hotels/motels/event centers 6) Dining means the actual transfer of food or beverages to the mouth. 7) Gathering means a group of people gathered together under a Permit issued by the Town or allowable under Town Ordinances or gathered together without a permit. Gathering does not include Churches or Church functions. Section 2. Use of Face Coverings. Effective as of 12:00am on the 10th day of July, 2020 The use of a face mask covering or mask is required by: 1) all customers are required to wear Face Coverings while inside the enclosed area of all Establishments set forth in Section 1. Definitions, sub‐sections 1, 3 and 5(a) ‐ (f) 2) All persons entering any building open to the public in the Town must wear a face covering while inside the building. 3) all Establishments including, but not limited to, those set forth in Section 1. Definitions, sub‐sections 1,3, and 5(a)–(f) must require their employees to wear a face covering at all times while having face‐to‐face interaction with the public and employers shall be responsible and require staff to wear, and those staff shall wear, Face Coverings while working in areas open to the general public and areas in which interactions with other staff are likely in which social distancing of at least six feet cannot be observed; and 4) all persons when walking in public where maintaining a distance of six (6) feet between other members of the public at all times is not possible. 5) while providing or utilizing public transportation including but not limited to taxis, Uber or Lyft. 6) when participating in a gathering. When, however, the gathering is outside and social distancing of six (6) feet is observed, mask are not required. 7) while interacting with people in outdoor spaces, including but not limited to, curbside pickup, delivery and service calls. Page 3 of 6 Section 3. Exemptions. Face Coverings shall not be required: 1) in outdoor or unenclosed areas appurtenant to Retail Establishments or Foodservice Establishments in which social distancing of at least six feet is possible and observed; 2) for those who cannot wear a Face Covering due to a medical or behavioral condition; 3) for children under twelve years old, provided that adults accompanying children ages two through under twelve are strongly encouraged to use reasonable efforts to cause those children to wear Face Coverings while inside the enclosed area of any Retail Establishment or Foodservice Establishment; 4) for patrons of Foodservice Establishments while they are dining, seated or socially distanced consuming food and/or beverages; 5) in private, individual offices and for employees where they are separated from customers by a plexiglass/glass shield or from other employees where social distancing of at least six (6) feet may be observed; 6) when complying with directions of law enforcement officers; 7) in settings where it is not practical or feasible to wear a Face Covering, including when obtaining or rendering goods or services such as the receipt of dental services or while swimming; 8) while exclusively with members of a family or the same household, and no person other than such family or household is within the same enclosed area. 9) Police officers, Fire Fighters, EMS or other First Responders when it is not practical while engaged in a public safety matter of an emergency nature. 10) Persons attending Church or Church functions. Section 4. Individual Violations: Civil Infraction. Any person violating the provisions of this Ordinance by failing to wear a Face Covering when required shall be guilty of a civil infraction, punishable by a penalty of not less than $25 NOT TO EXCEED $100. Each day of a continuing violation of this Ordinance shall be considered a separate and distinct offense. Section 5. Responsible Person Violations: Civil Infraction. Any Responsible Person violating the provisions of this Ordinance by failing to require employees of the Establishment to wear a Face Covering when required shall be guilty of a civil infraction, punishable by a penalty of not less than $100 NOT TO EXCEED $500. Each day of a continuing violation of this Ordinance shall be considered a separate and distinct offense. Section 6. Responsible Person Violations: Revocation of Permits and Licenses. In addition to the penalties established by Section 5 hereof, repeated violations of this Ordinance by a Responsible Person by failing to require employees of the Establishment to wear a Face Covering may, subject to all procedural protections set forth in the TOWN Code, result in the suspension or revocation of any occupancy permit or business license issued to business where the repeated violations occurred. Section 7. Responsible Person Violations: Public Nuisance. In addition to the penalties established by Section 5 hereof, repeated violations of this Ordinance by a Responsible Person Page 4 of 6 by failing to require employees of the Establishment to wear a Face Covering are additionally hereby declared to be a public nuisance, which may be abated by the TOWN by restraining order, preliminary and permanent injunction, or other means provided for by the laws of this State. The foregoing notwithstanding, every effort shall be made to bring Establishments into voluntary compliance with the terms of this Ordinance prior to the commencement of any enforcement action. Section 8. Duties of Establishments and Responsible Persons. Establishments and Responsible Persons shall have a duty to enforce the provisions of this Ordinance only against employees of the Establishment. Without limiting the generality of the foregoing, no Establishment or Responsible Person shall have any duty to require that customers, visitors, or other members of the general public wear Face Coverings. Section 9. Enforcement. Summerville Code Enforcement Officers shall have primary responsibility for the enforcement of this Ordinance with the Summerville Police Department having secondary responsibility. Prior to issuing a citation, the Officer must inquire of the person as to the reason they are not wearing a mask. If the person does not fall under one of the exemptions, the Officer shall issue a warning and furnish the person with a mask free of charge. Second violations will result in a citation as provided herein. Section 10. Suspension of Contrary Local Provisions. During the Emergency Term (as defined in Section 12 below), any ordinance, resolution, policy, or bylaw of the TOWN that conflicts with the provisions hereof shall be and is hereby suspended and superseded. Section 11. Expiration of Ordinance; Extension of Emergency Term. As provided by S.C. Code § 5‐7‐250(d), this Ordinance shall expire automatically as of the sixty‐first day following the date of enactment (the “Emergency Term”) unless at the Council Meeting adopting this Ordinance a sooner termination date is chosen. Notwithstanding the foregoing, however, Council may extend the Emergency Term by emergency ordinance for one or more additional terms, each of no more than sixty days, provided that the total duration of the Emergency Term shall not exceed six months without enacting an ordinance in the ordinary course. Section 12. Severability. Should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this Ordinance as hereby adopted shall remain in full force and effect. Section 13. Effective Date and Time. This emergency Ordinance shall take effect at 12:00pm on the 9th day of July, 2020 and shall expire at 11:59 pm on the 13th day of August, 2020 unless renewed or sooner terminated by Council. IT IS SO ORDAINED! Page 5 of 6  _______________________ Ricky Waring, Mayor Date: _________________ Attest: ______________________ Beth Messervy, Town Clerk Page 6 of 6  EMERGENCY ORDINANCE 20-0702 To temporarily suspend the normal operating procedures of the Town by closing Town Hall/Annex and authorizing the Town Administrator and Mayor to develop and implement a plan to ensure the orderly continuance of Town services. WHEREAS, the 2019 Novel Coronavirus (“COVID-19”) is a respiratory disease that can result in serious illness or death by the SARSCoV-2 virus, which is a new strain of coronavirus previously unidentified in humans and which can spread from person to person; and WHEREAS, the Centers for Disease Control and Prevention (the “CDC”) has warned of the high public health threat posed by COVID-19 globally and in the United States; and WHEREAS, on January 31, 2020, the United States Department of Health and Human Services Secretary declared a public health emergency in the United States for COVID-19 under Section 391 of the Public Health Service Act; and WHEREAS, on March 13, 2020, the President of the United States declared that the COVID-19 outbreak in the United States constitutes a national emergency, which began on March 1, 2020; and WHEREAS, also on March 13, 2020, the Governor of the State of South Carolina (the “State”) issued Executive Order 2020-08, declaring a State of Emergency based on a determination that the COVID-19 poses an actual or imminent public health emergency for the State; and WHEREAS, the Governor of the State has subsequently declared a continued State of Emergency in Executive Orders 2020-15 (March 28), 2020-23 (April 12), 2020-29 (April 27), 2020-35 (May 12), 2020-38 (May 27), and 2020-40 (June 11); and WHEREAS, the State is experiencing a dramatic increase in the number of identified new COVID-19 cases, and as of July 6, 2020, the South Carolina Department of Health and Environmental Control (“DHEC”) is reporting that there have been 47,214 confirmed COVID-19 cases and 838 confirmed COVID-19 deaths in the State; and WHEREAS, if COVID–19 cases continue to increase in the State and in the Town of Summerville, the demand for medical, pharmaceutical, personal, and general cleaning supplies may overwhelm sources of supply; the private and public sector work force may be negatively impacted by absenteeism; and the demand for medical facilities may exceed locally available resources; and WHEREAS, it is necessary to preserve the ability of Town Government to function properly and at the same time, protect the Public, Town Staff and Elected Officials; and WHEREAS, by temporarily closing Town Hall and the Town Annex is a means of preventing the spread of COVID-19 amongst the Public Staff and elected Officials; and WHEREAS, S.C. Code § 5-7-250(d) provides that “to meet public emergencies affecting life, health, safety or the property of the people, council may adopt emergency ordinances … by the affirmative vote of at least two-thirds of the members of council present. An emergency ordinance is effective immediately upon its enactment without regard to any reading, public hearing, publication requirements, or public notice requirements. Emergency ordinances shall expire automatically as of the sixty-first day following the date of enactment;” and WHEREAS, multiple Town Staff and one Council Member have been infected with COVID-19 along with several members of the Fire and Police Departments. There are other possible cases in the foregoing classifications who are exhibiting symptoms but have not yet been tested or awaiting testing results; and WHEREAS, the Council for the Town of Summerville has determined, based on the recommendations of public health experts and responsive to a serious threat to the public health, safety, and welfare of its citizens, that it would serve the public interest and be within the TOWN’s authority based on S.C. Code § 5-7-60 to provide for the temporary closing of Town Hall, the Town Annex and authorize the Town Administrator and Mayor to develop and implement a plan to ensure the continuity of Town services and at the same time protecting the Staff, Public and Elected Officials from the spread of the Corona Virus: and WHEREAS, this Emergency Ordinance must be approved by at least two-thirds of the Councilmembers present at the meeting in which it will be considered; NOW, THEREFORE, be it ordained by Town Council, Summerville, SC as follows: 1. During the term of this Ordinance, any ordinance, resolution, policy, or bylaw of the Town that conflicts with the provisions hereof shall be and is hereby suspended and superseded. 2. As provided by S.C. Code § 5-7-250(d), this Ordinance shall expire automatically as of the sixty-first day following the date of enactment (the “Emergency Term”) unless at the Council Meeting adopting this Ordinance a sooner termination date is chosen. Notwithstanding the foregoing, however, Council may extend the Emergency Term by emergency ordinance for one or more additional terms, each of no more than sixty days, provided that the total duration of the Emergency Term shall not exceed six months without enacting an ordinance in the ordinary course. 3. The Town Hall and Town Annex shall be closed beginning at 11:59 pm, July 9th, 2020 and reopening at 8:30am on July 27, 2020. 4. This emergency Ordinance shall take effect and expire at the times stated in paragraph 3. unless renewed or sooner terminated by Council, and IT IS SO ORDAINED! _______________________ Ricky Waring, Mayor Attest: ______________________ Beth Messervy, Town Clerk