Town Council

h Town of Summerville Council Meeting Council Chambers – 200 South Main Street, Summerville Thursday, November 12, 2020 - 6:00 p.m. AGENDA 1. Call to Order 2. Invocation and Pledge of Allegiance - Councilman Terry Jenkins 3. Proclamation Presentations 4. Public Hearing: Town of Summerville Budget: January 1, 2021- June 30, 2021 5. Approval of Minutes of Previous Meetings a. Planning and Development Committee minutes – October 5, 2020 b. Town Council meeting minutes – October 8, 2020 c. Special Council meeting minutes – October 16, 2020 d. Special Council meeting minutes – November 4, 2020 e. Standing Committee meeting minutes – November 9, 2020 6. Public Comment – For items on the November 12, 2020 Town Council meeting agenda only Those wishing to speak must sign up on the third floor prior to entering Council Chambers. Due to limited seating, public comments can be sent to publiccomments@summervillesc.gov before 4:30pm on Thursday, November 12, 2020. 7. Petitions – N/A Town Council Agenda – November 12, 2020 8. Pending Bills and Resolutions: a. Second and final reading of an ordinance to rezone TMS# 130-00-00-008, located on N. Maple St., approximately 20.86 acres, and owned by Rosemary S. Harper Ward Trust from AC, Agricultural Conservation, to N-MX, Neighborhood Mixed-Use. b. Second and final reading of an ordinance to amend the Town of Summerville’s Code of Ordinances – Chapter 2 – Administration, Article II – Mayor and Council, Division 2 – Mayor, Section 2-62 – Direction of Executive Officers, Section 2-63 – Authority to set meeting agenda. c. Second and final reading of an ordinance to amend the Town of Summerville’s Code of Ordinances Chapter 2 – Administration, Article IV – Officers and Employees, Division 2 – Town Administrator, Section 2-211 – Appointment, Section 2-213 – Supervision, Section 2-214, General duties, responsibilities, and delegation of authority, and Section 2-215 – Authority. d. Second and final reading of an ordinance to amend the Summerville Unified Development Ordinance, Chapter 3, Section 3.4.8.A Drive-Thru/Drive-In Facility (UC-MX). 9. Introduction of Bills and Resolutions a. First reading of an ordinance to amend the Summerville Unified Development Ordinance, Chapter 13, Section 13.10.1, Administrative Adjustment b. First reading of an ordinance to amend Chapter 16 – Offenses and Miscellaneous Provisions, Article I – In General, Section 16-12 – Rules and regulations for public parks and public facilities in the Town of Summerville Code of Ordinances c. First reading of an ordinance to adopt an operating budget for the Town of Summerville, SC for the fiscal period beginning January 1, 2021 and ending June 30, 2021. 10. Miscellaneous a. Authorization for staff to acquire TMS 144-12-06-001, adjacent to Luden Drive and Sawmill Branch Canal. b. Authorization for staff to begin the process of a quitclaim deed on TMS# 137-14-09-015 (Legare Lane) c. Resolution amending the Town of Summerville Organizational Chart d. Consideration of an emergency ordinance regarding electronic meetings for Town Council, committee, board, and commissions e. Consideration of an emergency ordinance regarding face coverings Town Council Agenda – November 12, 2020 11. Public Comment - Open Those wishing to speak must sign up on the third floor prior to entering Council Chambers. Due to limited seating, public comments can be sent to publiccomments@summervillesc.gov before 4:30pm on Thursday, November 12, 2020. 12. Executive Session: Contractual, personnel, and legal matters a. Contractual matter regarding to SC National Guard Property at 95 Owens Drive b. Contractual matter regarding Town of Summerville Farmer’s Market c. Contractual matter regarding renovations of Summerville High School football stadium d. Contractual matter regarding Century 21 lease of 118 West Richardson Avenue e. Personnel matter regarding appointment of Municipal Judge f. Legal matter regarding a proposed tax increment financing district g. Legal matters regarding major road funding h. Legal matters regarding Summerville Fire and Rescue fire service i. Legal matter regarding economic development project “Minshara” 13. Other Business a. Action to be taken by Council related to Executive Session 14. Adjourn  ORDINANCE To amend the Town of Summerville’s Code of Ordinances: Chapter 16 – Offenses and Miscellaneous Provisions, Article I – In General, Section 16-12. – Rules and regulations for public parks, playgrounds, gathering areas, and public facilities. BE IT ORDAINED, by the Mayor and Town Council of the Town of Summerville in Council assembled, that Article I – In General, Section 16-12. – Rules and regulations for public parks, playgrounds, gathering areas, and public facilities is amended as follows so that it will hereafter read: Section 16-12 (a) The town administrator is hereby authorized to post necessary rules and regulations for the protection of property and the preservation of peace and order in all public parks, playgrounds, gathering areas, and public facilities owned and maintained by the town, whether situated wholly within or without, or partly within and partly without, the corporate limits of the town, as may be approved by Council from time to time. Such rules and regulations shall have, within the limits of any such facilities, like force and effect as though such facilities were situated wholly within the corporate limits of the town. (b) Such rules and regulations are hereby adopted by reference as if fully contained in this section. (c) Violation of these rules and regulations adopted and posted pursuant to this section shall be punishable by imprisonment for a period not exceeding 30 days, and/or a fine not exceeding $500.00. 1. The following acts are prohibited in all public parks and other publicly owned facilities/grounds: a. Because of the interference of the park use by others is inherit in the conduct of sleeping or reclining in a horizontal position in inappropriate places, no person shall sleep or recline, except in medically exigent circumstances, behind, on or in as the circumstances apply to park buildings, pavilions, shelters, restrooms, trash receptacles, benches, picnic tables, as well as recreational activity areas (such as athletic courts and playing fields, dug outs, and playgrounds), pedestrian or vehicular traffic ways (such as roads, 1  sidewalks, bike paths, and jogging paths), and landscaped areas (such as mulched flower gardens, hedge planting areas, and cultivated planters). b. Unlawful to use the parks after hours. No person shall enter upon the premises of any park, playground, public gathering area or public facility during the hours that such are closed to the public. No person shall use occupy or congregate in these facilities at times other than the approved hours of access. No person shall remain upon the premises of any these facilities during the hours that such are closed to the public. c. It shall be unlawful to camp or to store personal property in any park, playground, public gathering area, and or publicly owned area or facility owned by the Town. d. Public streets. It shall be unlawful to camp, to sleep, to store personal property, to sit or to lie down on any public street. e. Other public property. Blocking ingress and egress. It shall be unlawful to camp, to sleep, to store personal property, to sit or lie down on any public property so as to interfere with ingress or egress from public property and buildings. f. No person may be arrested for violating this code section until he or she has received an oral and written warning to cease the unlawful conduct. If the violator fails to comply with the warning issued, he or she is subject to arrest for violation of this ordinance. g. Exceptions. This code section shall not be construed to prohibit the following behavior: i. Persons sitting or lying down as a result of a medical emergency; ii. Persons in wheelchairs sitting on sidewalks; iii. Persons sitting down while attending parades and which do not impede the parade; iv. Persons sitting down while patronizing sidewalk cafés; v. Persons lying down or napping while attending performances, festivals, concerts, fireworks, or other special events; vi. Persons sitting on chairs or benches supplied by a public agency or the abutting private property owner; vii. Persons sitting on seats in bus zones occupied by people waiting for the bus; 2  viii. Persons sitting, lying down, or sleeping while waiting in an orderly line outside a box office to purchase tickets to any sporting event, concert, performance, or other special event; xi. Persons sitting or lying down while waiting in an orderly line awaiting entry to any building, including shelters, or awaiting social services, such as provision of meals; x. Children sleeping while being carried by an accompanying person or while sitting or lying in a stroller or baby carriage; or xi. Camping as permitted by the Town’s Parks and Recreation Department. xii. Individuals or families picnicking. 2. It shall be unlawful and prohibited for any person or entity to make, continue, or allow to be made or continued, any clamorous singing, yelling, shouting, whooping, bellowing, hollering, or other loud disruptive, wanton and unseemly noises by mouth and/or with the use of any device used to amplify sound which disturbs the peace and quiet of the Facility or prohibits or substantially affects the ability to conduct business within the Facility, whether said disruptive behavior is generated from within or from the outside of the Facility. It shall be unlawful and prohibited for any person or group to picket, demonstrate or parade within the confines of any Public Facility. (d) The municipal court of the town shall have jurisdiction of all offenses against such rules and regulations. All offenders against them shall be subject to arrest and detention by the police officers of the town in the same manner and to the same extent as in cases of violation of municipal ordinances within the corporate limits. Ratified this day of , 2020 Beth Messervy, Town Clerk Ricky Waring, Mayor FIRST READING: November 12, 2020 SECOND READING: 3 PROPOSED BUDGETS FOR THE PERIOD JANUARY 1, 2021 – JUNE 30, 2021 TOWN OF SUMMERVILLE PROJECTED REVENUES FY ENDING JUNE 30, 2021 ACCOUNT DESCRIPTION 2021 100-4-0000-10-101 PRIOR YEARS TAXES 190,000 100-4-0000-10-102 REAL PROPERTY TAXES 12,907,462 100-4-0000-10-103 VEHICLE PROPERTY TAXES 675,000 100-4-0000-10-104 HOMESTEAD TAXES 375,000 100-4-0000-10-106 HEAVY EQUIP RENTAL TAX 85,000 100-4-0000-20-202 CABLE TV FRANCHISE FEES 135,000 100-4-0000-20-203 ELECTRIC & GAS FRANCHISE 1,650,000 100-4-0000-20-210 BUSINESS LICENSES 3,944,277 100-4-0000-20-211 BUSINESS LICENSES PENALTIES 35,000 100-4-0000-20-212 BUSINESS LICENSE - INSURANCE 5,007,185 100-4-0000-20-214 TELEPHONE LICENSES/FEES 120,000 100-4-0000-20-216 BUILDING PERMITS 520,000 100-4-0000-20-217 RE-INSPECT FEES 2,500 100-4-0000-20-218 PLANNING FEES 12,500 100-4-0000-20-220 TREE PERMIT/PENALTY 3,500 100-4-0000-20-221 STORMWATER PLAN REVIEW FEES 12,500 100-4-0000-25-252 MUNICIPAL COURT FINES 125,000 100-4-0000-30-301 LOC OPT SALES TAX-CHAS 85,000 100-4-0000-30-302 LOC OPT SALES TAX-BERK 740,000 100-4-0000-30-311 INVENTORY TAXES 39,300 100-4-0000-30-313 MANUFACTURER'S TAX EXEM 11,051 100-4-0000-30-321 AID TO SUBDIVISIONS 514,400 100-4-0000-30-325 BEVERAGE LICENSES 80,000 100-4-0000-35-326 SPECIAL EVENTS MISC INCOME 1,500 100-4-0000-35-351 INTEREST INCOME 65,000 100-4-0000-35-352 SALE OF ASSETS 50,000 100-4-0000-35-353 PARKS & PLAYGROUNDS FEE 28,750 100-4-0000-35-355 SCHOOL DIST 2 REIMBURSE (SRO) 780,000 100-4-0000-35-358 VENDING COMMISSIONS-GAHAGAN 4,500 100-4-0000-35-359 FED DRUG TASK FORCE OT - 100-4-0000-35-360 MISCELLANEOUS INCOME 60,000 100-4-0000-35-362 PROPERTY RENTAL FEES 65,000 100-4-0000-35-363 CELLULAR TOWER RENTAL 50,000 100-4-0000-35-364 REPORT FEES 12,500 100-4-0000-35-365 ADMINISTRATIVE FEE 1,500 100-4-0000-35-366 FALSE ALARM FEES 12,500 Page 1 100-4-0000-35-370 GAHAGAN FIELD/CONCESSION RENTAL 5,500 100-4-0000-35-371 REGULAR LEAGUE FEES 38,500 100-4-0000-35-372 TOURNAMENT FEES - 100-4-0000-35-374 GAHAGAN GATE FEES 3,000 100-4-0000-35-375 MISCELLANEOUS REV-REC DEPT 35,000 100-4-0000-35-380 TENNIS COMPLEX REVENUE 15,000 100-4-0000-40-406 TRANSFER FROM HOSP./LOC ACC TAX 813,215 100-4-0000-40-408 TRANSFER FROM FUND BALANCE 100-4-0000-40-409 TRANSFER FROM STATE ACCOM 34,984 29,346,124 Page 2 TOWN OF SUMMERVILLE GENERAL FUND DEPARTMENTAL BUDGETS PERIOD JANUARY 1, 2021 THROUGH JUNE 30, 2021 MUNICIPAL COURT 5-4121-10-101 SALARIES & WAGES 217,182 5-4121-10-109 FICA TAXES 16,614 5-4121-10-111 RETIREMENT CONTRIB - RE 34,879 5-4121-10-121 HEALTH INSURANCE 50,719 5-4121-10-122 LIFE INSURANCE 528 5-4121-10-123 WORKERS' COMPENSATION 652 5-4121-20-202 PROFESSIONAL FEES 500 5-4121-20-204 CONTRACTUAL SERVICES 18,720 5-4121-25-256 MAINTENANCE AGREEMENTS 1,750 5-4121-35-351 COMMUNICATIONS 800 5-4121-38-381 PRINTING & BINDING 175 5-4121-38-382 BOOKS/PERIODICALS/SUBSC 250 5-4121-38-383 DUES & MEMBERSHIPS 500 5-4121-40-401 MEETINGS/CONF/TRAINING 6,500 5-4121-42-421 OTHER OPERATING EXPENSE 1,000 5-4121-45-451 OFFICE SUPPLIES 3,750 5-4121-45-452 OTHER SUPPLIES 500 5-4121-50-501 MISCELLANEOUS EXPENSE 250 5-4121-50-901 NON-CAPITAL EQUIPMENT 1,500 5-4121-60-601 IT- COMPUTER HARDWARE/SO 6,528 TOTAL 363,297  FINANCE 5-4150-10-101 SALARIES 202,509 5-4150-10-109 FICA TAX 15,492 5-4150-10-111 RETIREMENT CONTRIB - RE 32,523 5-4150-10-121 HEALTH INSURANCE 29,329 5-4150-10-122 LIFE INSURANCE 336 5-4150-10-123 WORKER'S COMPENSATION 615 5-4150-20-203 AUDIT FEES 35,000 5-4150-20-205 GO BOND EXPENSE 1,775 5-4150-35-351 COMMUNICATIONS 575 5-4150-38-383 DUES & MEMBERSHIPS 250 5-4150-40-401 MEETINGS/CONF/TRAINING 3,000 5-4150-40-402 TRAVEL 500 5-4150-40-406 TRAINING 1,000 5-4150-42-421 OTHER OPERATING EXPENSE 1,000 5-4150-45-451 OFFICE SUPPLIES 2,000 TOTAL 325,904  ADMINISTRATION 5-4151-10-101 SALARIES & WAGES 593,067 5-4151-10-109 FICA TAXES 45,370 5-4151-10-111 RETIREMENT CONTRIB - RE 95,795 5-4151-10-121 HEALTH INSURANCE 87,293 5-4151-10-122 LIFE INSURANCE 1,056 5-4151-10-123 WORKERS' COMPENSATION 9,869 5-4151-20-201 LEGAL FEES 8,000 5-4151-20-202 PROFESSIONAL FEES 34,200 5-4151-20-204 CONTRACTUAL SERVICES 29,000 5-4151-25-251 REPAIRS & MAINTENANCE 250 5-4151-25-256 MAINTENANCE AGREEMENTS 12,000 5-4151-30-301 VEHICLE REPAIRS 1,250 5-4151-30-302 GASOLINE AND OIL 1,250 5-4151-32-323 UNEMPLOYMENT/INS. CLAIMS 2,500 5-4151-35-351 COMMUNICATIONS 8,500 5-4151-38-381 PRINTING & BINDING/ADVER 12,000 5-4151-38-382 BOOKS/PERIODICALS/SUBSC 8,140 5-4151-38-383 DUES & MEMBERSHIPS 14,765 5-4151-40-401 MEETINGS/CONF/TRAINING 23,850 5-4151-40-402 TRAVEL 2,500 5-4151-40-406 TRAINING 3,000 5-4151-42-421 OTHER OPERATING EXPENSE 2,000 5-4151-42-422 UNIFORMS & CLOTHING 3,000 5-4151-42-431 RENTS & LEASES 800 5-4151-42-442 EMPLOYEE PHYSICAL EXAMS 10,000 5-4151-42-443 EMPLOYEE PHYSICAL/DRUG T 10,000 5-4151-42-445 WORKERS' COMP DEDUCTIBLE 500 5-4151-45-451 OFFICE SUPPLIES 6,045 5-4151-45-452 OTHER SUPPLIES 5,000 5-4151-45-453 POSTAGE 7,000 5-4151-50-517 SAFETY / WELLNESS PROGRA 12,000 5-4151-50-901 NON-CAPITAL EQUIPMENT 1,500 5-4151-60-601 IT - COMPUTER HARDWARE/S 57,000 5-4151-60-602 IT - PROFESSIONAL SERVIC 2,200 5-4151-60-606 IT - Training/Mtgs/Membe 4,000 5-4151-60-652 IT - COMPUTER MAINTENANC 23,500 5-4151-60-656 IT - MAINT/ SUPPORT AGRE 67,500 TOTAL 1,205,700  PLANNING 5-4152-10-101 SALARIES & WAGES 147,598 5-4152-10-109 FICA TAXES 11,291 5-4152-10-111 RETIREMENT CONTRIB - RE 23,704 5-4152-10-121 HEALTH INSURANCE 19,852 5-4152-10-122 LIFE INSURANCE 240 5-4152-10-123 WORKERS' COMPENSATION 2,109 5-4152-20-202 PROFESSIONAL FEES 30,000 5-4152-30-301 VEHICLE REPAIRS 100 5-4152-30-302 GASOLINE AND OIL 600 5-4152-35-352 CELLULAR PHONE/BEEPERS 1,750 5-4152-38-381 PRINTING & BINDING/ADVER 2,500 5-4152-38-383 DUES & MEMBERSHIPS 1,000 5-4152-40-401 MEETINGS/CONF/TRAINING 2,500 5-4152-40-405 VEHICLE MILEAGE REIMBUR 100 5-4152-42-421 OTHER OPERATING EXPENSE 100 5-4152-42-422 UNIFORMS & CLOTHING 100 5-4152-45-451 OFFICE SUPPLIES 750 5-4152-50-501 MISCELLANEOUS EXPENSE 125 5-4152-50-512 PLANNING COMMISSION 1,250 5-4152-60-601 IT - COMPUTER HARDWARE/S 8,000 TOTAL 253,669  BUILDING/CODES 5-4153-10-101 SALARIES & WAGES 293,617 5-4153-10-109 FICA TAXES 22,464 5-4153-10-111 RETIREMENT CONTRIB-REG 47,159 5-4153-10-121 HEALTH INSURANCE 43,654 5-4153-10-122 LIFE INSURANCE 528 5-4153-10-123 WORKERS' COMPENSATION 4,231 5-4153-30-301 VEHICLE REPAIRS 1,500 5-4153-30-302 GASOLINE AND OIL 4,000 5-4153-35-352 CELL PHONES/ BEEPERS 6,034 5-4153-38-381 PRINTING & BINDING/ADVER 500 5-4153-38-382 BOOKS/PERIODICALS/SUBSCR 1,155 5-4153-38-383 DUES & MEMBERSHIPS 400 5-4153-40-401 MEETINGS/CONF/TRAINING 3,500 5-4153-42-422 UNIFORMS & CLOTHING 1,250 5-4153-45-451 OFFICE SUPPLIES 1,135 5-4153-50-501 MISCELLANEOUS EXPENSE 633 5-4153-60-601 IT - COMPUTER HARDWARE/S 3,100 TOTAL 434,860  TOWN ENGINEER 5-4157-10-101 SALARIES & WAGES 274,011 5-4157-10-109 FICA TAXES 20,962 5-4157-10-111 RETIREMENT CONTRIB - RE 44,006 5-4157-10-121 HEALTH INSURANCE 30,011 5-4157-10-122 LIFE INSURANCE 336 5-4157-10-123 WORKERS' COMPENSATION 5,318 5-4157-20-202 PROFESSIONAL FEES 9,300 5-4157-25-256 MAINTENANCE AGREEMENTS 300 5-4157-30-301 VEHICLE REPAIRS 1,000 5-4157-30-302 GASOLINE AND OIL 1,100 5-4157-35-351 COMMUNICATIONS 5,000 5-4157-38-381 PRINTING & BINDING/ADVER 200 5-4157-38-382 BOOKS/PERIODICALS/SUBSC 200 5-4157-38-383 DUES & MEMBERSHIPS 1,800 5-4157-40-401 MEETINGS/CONF/TRAINING 1,500 5-4157-40-402 TRAVEL 2,000 5-4157-42-421 OTHER OPERATING EXPENSE 1,000 5-4157-42-422 UNIFORMS & CLOTHING 300 5-4157-45-451 OFFICE SUPPLIES 250 5-4157-45-453 POSTAGE 50 5-4157-50-901 NON-CAPITAL EQUIPMENT 800 5-4157-60-601 IT - COMPUTER HARDWAR/SO 10,000 TOTAL 409,444  POLICE DEPT 5-4211-10-101 SALARIES & WAGES 3,129,573 5-4211-10-102 OVERTIME 50,000 5-4211-10-103 OVERTIME - FED DRUG TAS 1,600 5-4211-10-109 FICA TAXES 243,237 5-4211-10-111 RETIREMENT CONTRIB - RE 20,006 5-4211-10-112 RETIREMENT CONTRIB - PO 572,508 5-4211-10-121 HEALTH INSURANCE 563,547 5-4211-10-122 LIFE INSURANCE 6,000 5-4211-10-123 WORKERS' COMPENSATION 230,530 5-4211-20-202 PROFESSIONAL FEES 10,000 5-4211-20-204 CONTRACTUAL SERVICES 2,000 5-4211-25-251 REPAIRS & MAINTENANCE 4,061 5-4211-25-256 MAINTENANCE AGREEMENTS 55,000 5-4211-30-301 VEHICLE REPAIRS 80,000 5-4211-30-302 GASOLINE AND OIL 110,000 5-4211-30-303 TOWING EXPENSE 2,600 5-4211-35-351 COMMUNICATIONS 2,500 5-4211-35-352 CELLULAR PHONES 11,000 5-4211-35-354 INTERNET/ CABLE 2,500 5-4211-38-381 PRINTING & BINDING/ADVER 2,500 5-4211-38-382 BOOKS/PERIODICALS/SUBSC 500 5-4211-38-383 DUES & MEMBERSHIPS 3,000 5-4211-40-401 MEETINGS/CONF/TRAINING 750 5-4211-40-406 TRAINING 20,000 5-4211-42-421 OTHER OPERATING EXPENSE 20,000 5-4211-42-422 UNIFORMS & CLOTHING 57,000 5-4211-42-423 K-9 EXPENSES 2,500 5-4211-42-424 CADET POST 1,500 5-4211-42-425 CRIME PREVENTION EXPENS 1,400 5-4211-42-426 CRIMINAL INVESTIGATIONS 2,800 5-4211-42-427 PRISONER EXPENSE 800 5-4211-42-443 EMPLOYEE DRUG TEST/HIRI 1,250 5-4211-42-445 WORKER'S COMP DEDUCTIBLE 7,000 5-4211-45-451 OFFICE SUPPLIES 5,000 5-4211-45-453 POSTAGE 280 5-4211-50-501 MISCELLANEOUS EXPENSE 1,200 5-4211-50-503 FOOD EXPENSES 3,200 5-4211-50-505 PISTOL TEAM EXPENSES 500 5-4211-50-901 NON-CAPITAL EQUIPMENT 75,000 5-4211-50-903 FIREARMS/WEAPONS/AMMO 6,000 5-4211-60-601 IT - COMPUTER HARDWARE/S 7,000 TOTAL 5,315,842  FIRE DEPT 5-4221-10-101 SALARIES & WAGES 2,494,376 5-4221-10-102 OVERTIME 125,000 5-4221-10-109 FICA TAXES 200,382 5-4221-10-111 RETIREMENT CONTRIB - RE 3,485 5-4221-10-112 RETIREMENT CONTRIB - PO 486,805 5-4221-10-121 HEALTH INSURANCE 560,497 5-4221-10-122 LIFE INSURANCE 5,184 5-4221-10-123 WORKERS' COMPENSATION 144,193 5-4221-25-251 REPAIRS & MAINTENANCE 17,000 5-4221-25-255 FIRE TRAINING FACILITY 5,000 5-4221-25-256 MAINTENANCE AGREEMENTS 17,000 5-4221-30-301 VEHICLE REPAIRS 65,000 5-4221-30-302 GASOLINE AND OIL 35,000 5-4221-35-351 COMMUNICATIONS 10,000 5-4221-35-352 CELLULAR PHONE 7,000 5-4221-35-354 INTERNET / CABLE 12,000 5-4221-38-382 BOOKS/PERIODICALS/SUBSC 2,000 5-4221-38-383 DUES & MEMBERSHIPS 3,500 5-4221-40-401 MEETINGS/CONF/TRAINING 4,000 5-4221-40-406 TRAINING 45,000 5-4221-42-421 OTHER OPERATING EXPENSE 30,000 5-4221-42-422 UNIFORMS & CLOTHING 31,000 5-4221-42-424 FIRE PREVENTION EXPENSE 2,000 5-4221-42-445 WORKER'S COMP DEDUCTIBLE 5,000 5-4221-45-451 OFFICE SUPPLIES 2,800 5-4221-45-453 POSTAGE 1,000 5-4221-45-455 FIREFIGHTING SUPPLIES 25,000 5-4221-50-503 FOOD EXPENSES 3,000 5-4221-50-901 NON-CAPITAL EQUIPMENT 125,000 5-4221-50-902 MEDICAL EQUIPMENT 17,000 5-4221-50-903 HAZ-MAT EQUIPMENT 10,000 5-4221-60-601 IT - COMPUTER HARDWARE/S 14,000 TOTAL 4,508,221  COMMUNICATION CENTER 5-4261-10-101 SALARIES & WAGES 351,037 5-4261-10-102 OVERTIME 22,500 5-4261-10-109 FICA TAXES 29,841 5-4261-10-111 RETIREMENT CONTRIB - RE 62,647 5-4261-10-121 HEALTH INSURANCE 72,951 5-4261-10-122 LIFE INSURANCE 912 5-4261-10-123 WORKERS' COMPENSATION 5,522 5-4261-25-251 REPAIRS & MAINTENANCE 300 5-4261-25-256 MAINTENANCE AGREEMENTS 59,000 5-4261-35-351 COMMUNICATIONS 7,600 5-4261-35-352 CELLULAR PHONES 275 5-4261-40-406 TRAINING 2,500 5-4261-42-421 OTHER OPERATING EXPENSE 1,000 5-4261-45-451 OFFICE SUPPLIES 250 5-4261-50-901 NON-CAPITAL EQUIPMENT 8,000 TOTAL 624,335  MAINTENANCE 5-4311-10-101 SALARIES & WAGES 252,290 5-4311-10-102 OVERTIME 5,000 5-4311-10-109 FICA TAXES 19,683 5-4311-10-111 RETIREMENT CONTRIB - RE 41,321 5-4311-10-121 HEALTH INSURANCE 48,439 5-4311-10-122 LIFE INSURANCE 480 5-4311-10-123 WORKERS' COMPENSATION 16,742 5-4311-25-251 REPAIRS & MAINTENANCE 4,225 5-4311-25-253 SMALL TOOLS 5,525 5-4311-25-256 MAINTENANCE AGREEMENTS 4,550 5-4311-30-301 VEHICLE REPAIRS 3,900 5-4311-30-302 GASOLINE AND OIL 3,575 5-4311-35-351 COMMUNICATIONS 1,950 5-4311-38-382 SOFTWARE SUBSCRIPTIONS 13,000 5-4311-38-383 DUES & MEMBERSHIPS 910 5-4311-40-401 MEETINGS/CONF/TRAINING 1,950 5-4311-40-406 TRAINING 4,550 5-4311-42-421 OTHER OPERATING EXPENSE 11,050 5-4311-42-422 UNIFORMS & CLOTHING 9,100 5-4311-45-451 OFFICE SUPPLIES 1,625 5-4311-50-502 EMERGENCY RESPONSE EXP 975 5-4311-50-901 NON-CAPITAL EQUIPMENT 3,088 5-4311-60-601 IT - COMPUTER HARDWARE/S 2,275 TOTAL 456,203  STREET DEPT 5-4312-10-101 SALARIES & WAGES 733,936 5-4312-10-102 OVERTIME 37,500 5-4312-10-109 FICA TAXES 59,015 5-4312-10-111 RETIREMENT CONTRIB - RE 123,893 5-4312-10-121 HEALTH INSURANCE 153,070 5-4312-10-122 LIFE INSURANCE 1,776 5-4312-10-123 WORKERS' COMPENSATION 52,555 5-4312-25-251 REPAIRS & MAINTENANCE 14,500 5-4312-25-253 SMALL TOOLS 1,250 5-4312-25-263 STREET,SIDEWALK,DRAIN M 24,681 5-4312-25-265 STREET SIGNS 10,096 5-4312-30-301 VEHICLE REPAIRS 60,000 5-4312-30-302 GASOLINE AND OIL 65,304 5-4312-35-351 COMMUNICATIONS 3,500 5-4312-35-352 CELLULAR PHONE/BEEPERS 250 5-4312-40-402 TRAVEL 250 5-4312-40-406 TRAINING 250 5-4312-42-421 OTHER OPERATING EXPENSE 6,000 5-4312-42-422 UNIFORMS & CLOTHING 14,259 5-4312-42-434 TRAFFIC LIGHTS 4,750 5-4312-42-445 WORKER'S COMP DEDUCTIBLE 750 5-4312-45-451 OFFICE SUPPLIES 508 5-4312-50-501 MISCELLANEOUS EXPENSE 8,134 5-4312-50-517 SAFETY INSPECTIONS 100 5-4312-60-601 IT - COMPUTER HARDWARE/S 750 TOTAL 1,377,076  PARKS & REC 5-4521-10-101 SALARIES & WAGES 645,762 5-4521-10-102 OVERTIME 45,000 5-4521-10-107 TEMPORARY HELP 35,500 5-4521-10-109 FICA TAXES 52,843 5-4521-10-111 RETIREMENT CONTRIB - RE 110,936 5-4521-10-121 HEALTH INSURANCE 155,735 5-4521-10-122 LIFE INSURANCE 1,824 5-4521-10-123 WORKERS' COMPENSATION 22,794 5-4521-25-251 REPAIRS & MAINTENANCE 24,987 5-4521-25-253 SMALL TOOLS 3,524 5-4521-25-256 MAINTENANCE AGREEMENTS 1,390 5-4521-25-261 AZALEA PARK MAINTENANCE 20,000 5-4521-25-262 GAHAGAN BALLFIELDS MAINT 2,500 5-4521-25-264 HUGER PLAYGROUND MAINT 500 5-4521-25-266 GAHAGAN PLAYGROUND 7,000 5-4521-25-267 TRIANGLE/MEDIANS 2,689 5-4521-25-272 HUTCHINSON SQUARE MAINT 4,984 5-4521-25-273 SHEPHERD PARK MAINT 1,000 5-4521-25-274 NEWINGTON PLANTATION PLA 4,000 5-4521-25-276 SAUL ALEXANDER PARK MAIN 1,582 5-4521-25-277 MEMORIAL PARK MAINTENANC 500 5-4521-25-278 DOTY PARK MAINT 4,977 5-4521-25-279 WASSAMASSAW PARK MAINT 4,087 5-4521-25-285 JESSEN LANDING MAINT 844 5-4521-25-286 SAWMILL BRANCH MAINT 1,250 5-4521-25-288 OAKBROOK TRAIL MAINTENAN 1,000 5-4521-25-289 SKATEPARK MAINTENANCE 453 5-4521-25-290 BROWN FAMILY PARK MAINTE 2,500 5-4521-25-300 NATIONAL GUARD ARMORY 42,000 5-4521-30-301 VEHICLE REPAIRS 17,000 5-4521-30-302 GASOLINE AND OIL 20,939 5-4521-35-351 COMMUNICATIONS 4,200 5-4521-38-381 PRINTING & BINDING/ADVER 137 5-4521-38-383 DUES & MEMBERSHIPS 700 5-4521-40-401 MEETINGS/CONF/TRAINING 1,723 5-4521-42-420 GAHAGAN OTHER OPER EXP 10,983 5-4521-42-421 OTHER OPERATING EXPENSE 11,688 5-4521-42-422 UNIFORMS & CLOTHING 10,500 5-4521-42-432 UTILITIES 1,614 5-4521-42-436 PARK LIGHTS 35,000 5-4521-42-445 WORKER'S COMP DEDUCTIBLE 1,500 5-4521-45-451 OFFICE SUPPLIES 800 5-4521-50-501 MISCELLANEOUS EXPENSE 31,342 5-4521-50-503 FOOD EXPENSE-SOFTBALL 5,000 5-4521-50-506 TREE CITY EXPENSES 11,280 5-4521-50-508 FESTIVAL EXPENSES 5,491 5-4521-50-540 LEAGUE EXPENSES 25,000 5-4521-50-541 TENNIS EXPENSES 3,316 5-4521-50-901 NON-CAPITAL EQUIPMENT 8,546 5-4521-60-601 IT - COMPUTER HARDWARE/S 2,106 TOTAL 1,411,026  DEBT SERVICES 5-4611-65-020 NOTE PBL INT-GO BOND 71,890 5-4611-65-035 NOTE PBL PRINC-GO BOND 295,000 TOTAL 366,890  BUILDING & GROUNDS 5-4712-25-251 REPAIRS & MAINTENANCE 90,000 5-4712-25-253 REPAIRS & MAINT - RENTAL 1,000 5-4712-25-254 REP & MAINT - PARKING GA 2,000 5-4712-25-256 MAINTENANCE AGREEMENTS 12,000 5-4712-25-257 MAINTEN AGREEMT-PKG GA 200 5-4712-32-321 INSURANCE & BONDS 340,000 5-4712-35-351 COMMUNICATIONS 55,000 5-4712-42-431 STREET LIGHTS 395,000 5-4712-42-433 ELECTRICITY 69,000 5-4712-42-434 ELECTRIC/UTIL - PARKING 19,000 5-4712-42-436 ELECTRIC/UTIL - RETAIL B 700 5-4712-42-440 BANK FEES 30,000 5-4712-42-445 DISASTER AND RECOVERY COSTS 15,000 5-4712-45-452 OTHER SUPPLIES 6,000 5-4712-45-453 SAFETY INSPECTIONS 4,000 5-4712-50-901 NON-CAPITAL EQUIPMENT 7,000 TOTAL 1,045,900  CAPITAL EXPENDITURES 6-4911-13-151 IMPROVMTS - ADMIN 35,000 6-4911-13-311 IMPROVMTS - MAINTENANCE SHOP 89,803 6-4911-14-312 VEHICLES/ROLL EQUIP-STRE 282,012 6-4911-14-521 VEHICLES/ROLL EQUIP-PARK 70,300 6-4911-15-211 EQUIPMENT - POLICE 30,000 6-4911-15-221 EQUIPMENT - FIRE DEPT 52,000 6-4911-15-311 EQUIPMENT - MAINTENANCE 6,800 6-4911-15-521 EQUIPMENT - PARKS DEPT 11,000 TOTAL 576,915  NON-DEPARTMENTAL 5-4711-10-109 LONGEVITY-FICA 13,162 5-4711-32-323 SETTLEMENT OF CLAIMS 25,000 7-4711-10-135 Health Insurance Retiree 11,838 7-4711-50-550 CONTINGENCY 100,000 TOTAL 150,000 GRAND TOTAL 18,825,282 TOWN OF SUMMERVILLE HAT BUDGET-PROPOSED PERIOD JANUARY 1, 2021 TO JUNE 30, 2021 REVENUE: 4-4741-20-221 LOCAL HAT 1,716,588 4-4741-35-351 INTEREST INCOME 52,000 TOTAL REVENUE 1,768,588 5-4741-10-101 SALARY & WAGES 48,396 5-4741-10-109 FICA TAXES 3,702 5-4741-10-111 RETIREMENT CONTRIBUTION 7,772 5-4741-10-121 HEALTH INSURANCE 6,328 5-4741-10-122 LIFE INSURANCE 96 5-4741-10-123 WORKERS COMPENSATION 172 TOTAL PERSONNEL EXPENSE 66,466 5-4741-20-202 PROFESSIONAL FEES/TOURISM MGT 234,307 5-4741-20-205 BOND EXPENSE 3,000 5-4741-25-296 EXIT 197 & 199 INTERCHANGE 33,500 5-4741-35-351 COMMUNICATIONS 3,000 5-4741-38-381 PRINTING, BINDING & ADVERTISING 25,000 5-4741-50-501 MISCELLANEOUS 2,500 5-4741-50-505 DISTRIBUTIONS TO ORGANIZATIONS 100,000 5-4741-50-575 SPECIAL EVENTS 20,000 5-4741-65-296 BONDS PBL INTEREST 127,000 6-4741-26-312 INFRASTR/SIDEWALK 150,000 7-4741-10-202 TRANSFER TO GENERAL FUND 813,215 TOTAL EXPENDITURES 1,577,988 TOWN OF SUMMERVILLE PROPOSED STORMWATER BUDGET PERIOD JANUARY 1, 2021 TO JUNE 30, 2021 STORMWATER 500-4-4811-60-601 STORMWATER MGMT UTILITY 1,963,910 TOTAL REVENUES: 1,963,910 500-5-4811-10-101 SALARIES & WAGES 432,649 500-5-4811-10-102 OVERTIME 6,000 500-5-4811-10-109 FICA TAXES 33,098 500-5-4811-10-111 RETIREMENT CONTRIB - RE 69,484 500-5-4811-10-121 HEALTH INSURANCE 127,657 500-5-4811-10-122 LIFE INSURANCE 1,200 500-5-4811-10-123 WORKERS' COMPENSATION 29,029 500-5-4811-20-202 PROFESSIONAL FEES 22,500 500-5-4811-20-204 CONTRACTUAL SERVICES 5,000 500-5-4811-20-207 CPW ADMINISTRATIVE COST 80,160 500-5-4811-25-251 REPAIRS & MAINTENANCE 5,000 500-5-4811-25-253 SMALL TOOLS 3,500 500-5-4811-30-301 VEHICLE REPAIRS 21,500 500-5-4811-30-302 GASOLINE AND OIL 20,000 500-5-4811-35-351 COMMUNICATIONS 2,500 500-5-4811-38-381 PRINTING & BINDING/ADVERTISING 200 500-5-4811-38-383 DUES & MEMBERSHIPS 350 500-5-4811-40-401 MEETINGS/CONF/TRAINING 1,250 500-5-4811-40-402 TRAVEL 2,000 500-5-4811-40-406 TRAINING 1,500 500-5-4811-42-421 OTHER OPERATING EXPENSE 1,000 500-5-4811-42-422 UNIFORMS & CLOTHING 8,000 500-5-4811-42-431 RENTS & LEASES 2,500 500-5-4811-42-445 WORKER'S COMP DEDUCTIBLE 500 500-5-4811-45-451 OFFICE SUPPLIES 350 500-5-4811-45-452 OTHER SUPPLIES 2,430 500-5-4811-50-545 STORMWATER CONTROL PROJ 55,000 500-5-4811-50-546 SPECIAL PROJECTS-STORMWATER 30,000 500-5-4811-50-901 SMALL EQUIPMENT 4,000 500-5-4811-60-601 IT - COMPUTER HARDWARE/SOFTWAR 1,500 500-6-4811-10-104 CAPITAL-VEHICLES & ROLL 63,000 500-7-4711-50-550 CONTINGENCY 8,000 TOTAL 1,040,857  A Resolution WHEREAS, Summerville Town Council, by Resolution, may amend the Organizational Chart to represent the various supervisory relationships of key employees; and WHEREAS, Summerville Town Council desires move the position of Court Administrator from the Administration Department to report to the Chief Judge of the Municipal Court; and to add the position of Prosecutor to the chart to report to the Town Attorney; and NOW, THEREFORE, BE IT RESOLVED, that the Organizational Chart attached hereto is designated as the official Organizational Chart of the Town of Summerville, to remain in full force and effect until changed by Resolution of Town Council; and BE IT FURTHER, RESOLVED, that all previous Organizational Charts for the Town are hereby rescinded. DONE AT SUMMERVILLE, SC this ___ day of _______________________, 2020 ________________________________ Ricky Waring, Mayor ATTEST: ___________________________ Beth Messervy, Town Clerk  Town of Summerville Organizational Chart Mayor and Town Council Assistant to the Town Town Chief Judge and Town Clerk Mayor Administrator Attorney Associate Judges Paralegal Prosecutor Court Administrator Director of Director of Police Director of Assistant Town Director of Director of Parks and Fire Building Chief Public Works Administrator Finance Planning Recreation Chief Services Facilities Streets Maintenance HR Economic Grants Business Building Code Events Dispatch Manager Manager Manager Development Writer Licenses Planning Official Enforcement Coordinator Manager Fire Marshal (RECC) Building Stormwater Public Accounts Accounts Capital Engineering IT Manager Manager Information Receivable Payable Projects Building and GIS Executive Grounds Payroll Purchasing Coordinator Assistant Division Director Level Department Head Level Proposed 11/12/2020  EMERGENCY ORDINANCE 20‐1102 To temporarily amend Town Ordinances, Sections 2‐94 and 2‐95 to provide that Council Meetings, Town Committees, Boards and Commissions be allowed meet electronically/telephonically and obtain a Quorum by counting a member(s) attending by electronic and/or telephonic means. 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 and Dorchester County are experiencing a dramatic increase in the number of identified new COVID‐19 cases. As of November 9, 2020, the South Carolina Department of Health and Environmental Control (“DHEC”) is reporting that there have been 187,738 confirmed COVID‐19 cases and 4,062 confirmed COVID‐19 deaths in the State. In Dorchester county as of November 9, 2020, there have been 5,119 cases and 106 deaths; 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, it is recognized the use of alternative methods of conducting meetings is a means of preventing the spread of COVID‐19; 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 Page 1 of 2 notice requirements. Emergency ordinances shall expire automatically as of the sixty‐first day following the date of enactment;” and WHEREAS, at least one Town Department Head has been infected, one Municipal Court Staff Member and one Council Member have been infected with COVID‐19 along with several members of the Fire and Police Departments; 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 electronic and/or telephonic Meetings of Council, Boards, Committees and Commissions and, establish a quorum by counting members attending by electronic and/or telephonic means; 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”). 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. Electronic and Telephonic Council meetings and other Town Committees, Boards or Commission meetings may be held electronically and/or telephonically, subject to the provisions as stated above. 4. Said meetings must be live streamed to the public. 5. A quorum of Council and all Town Meetings may be obtained by counting Members attending by telephonic and/or electronic means. 6. This emergency Ordinance shall take effect at 12:00am on the 13th day of November, 2020 and shall expire at 11:59 pm on the 10th day of December, 2020 unless renewed or sooner terminated by Council, and IT IS SO ORDAINED! Date: _________________ _______________________ Ricky Waring, Mayor Attest: ______________________ Beth Messervy, Town Clerk Page 2 of 2  EMERGENCY ORDINANCE 20‐1101 A TEMPORARY ORDINANCE AMENDING TEMPORARY ORDINANCE 20‐0906 REQUIRING INDIVIDUALS TO WEAR FACE COVERINGS IN CERTAIN CIRCUMSTANCES IN THE TOWN OF SUMMERVILLE TO REDUCE RISK OF EXPOSURE TO COVID‐19 DURING THE PUBLIC HEALTH EMERGENCY AND RECOVERY SO THAT IT WILL EXPIRE ON DECEMBER 10, 2020 WHEREAS, the dangerous and unsafe conditions created by the 2019 Novel Coronavirus (COVID‐ 19 continue to affect the safety and wellbeing of the Town of Summerville (Town) residents: and WHEREAS, on September 28, 2020 Town Council enacted Emergency Ordinance 20‐0906 requiring the wearing of face mask to assist in combatting the deadly disease known as COVID‐ 19 set to expire at 11:59pm on November 12, 2020; and WHEREAS, the State and Town continue to experience a dramatic increase in the number of identified new COVID‐19 cases, and as of November 9, 2020, the South Carolina Department of Health and Environmental Control (“DHEC”) is reporting that there have been 187, 738 confirmed COVID‐19 cases and 4,062 confirmed COVID‐19 deaths in the State. In Dorchester County there are 5,119 reported cases and 106 deaths; and 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 Page 1 of 4 WHEREAS, with increasing cases of COVID–19 cases 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 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 by at least two‐thirds of the Councilmembers present at the meeting in which it was considered; WHEREAS, in light of the foregoing, Town Council deems it proper and necessary to adopt this Temporary Ordinance in order to require (a) patrons of grocery stores, pharmacies, and Town owned or operated buildings to wear face coverings while inside in light of the fact these establishments sell essential goods and provide essential services such that individuals do not have a meaning choice to decide not to utilize these facilities and (b) all employees of restaurants, bars, retail establishments, salons, grocery stores, pharmacies, and the Town to wear face coverings at any time there is face to face interaction with the public; NOW, THEREFORE, be it ordained by the Town Council of Summerville in Council duly assembled that: 1. All persons entering a grocery store, pharmacy or Town owned or operated building in the Town must wear a face covering while inside the establishment or facility. For purposes of Page 2 of 4  this Ordinance, the term grocery store shall mean a retail establishment that primarily sells food, but may also sell other convenience and household goods; the term does not include a convenience store. The business shall not have responsibility for enforcing this requirement, but shall post conspicuous signage at all entrances informing its patrons of the requirements of this section. 2. All restaurants, retail stores, salons, barber shops, grocery stores, pharmacies and Town buildings and indoor facilities in the Town must require their employees to wear a face covering at all times while having face to face interaction with the public or other employees. 3. Exemptions: a) Any person who is unable to safely wear a face covering due to age, an underlying health condition, or is unable to remove the face covering without the assistance of others is exempt from this Ordinance. Further, no person shall be required to disclose the nature of any health condition in order to qualify for this exemption; b) All persons twelve years of age or under; c) Any person in a private or individual office 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; d) In settings where it is not feasible to wear a face covering including persons receiving oral health services, persons swimming or engaging in athletic activities; e) Police officers, fire fighters and other first responders when not practical or engaged in a public safety matter of an emergency nature. 4. Any person violating Section One (1) herein above 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. 5. Any Responsible Person violating Section Two (2) herein above 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. In addition to the fines established by this section, repeated violations of this Ordinance by a person who owns, manages, operates or otherwise controls a business subject to this Ordinance 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. Repeated violations of this Ordinance 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 the business into voluntary compliance with the terms of this Ordinance prior to the issuance of any citation. For the purposes of Section 2 of this Ordinance, “person” shall be defined as any individual associated with the business who has the control or authority and ability to enforce the Page 3 of 4  requirements of the Ordinance within the business, such as an owner, manager or supervisor. “Person” may also include an employee or other designee that is present at the business but does not have the title of manager, supervisor, etc. but has the authority and ability to ensure that the requirements of this Ordinance are met while the business is open to the public. 6. 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. 7. Temporary Ordinance 20‐1101 shall automatically expire on December 10, 2020 at 11:59pm if not amended or revoked prior to that time. IT IS SO ORDAINED! _______________________ Ricky Waring, Mayor Date: _________________ Attest: ______________________ Beth Messervy, Town Clerk Page 4 of 4