Town Council

h Town of Summerville Council Meeting Virtual Meeting – www.SummervilleSC.gov for Live Stream Thursday, December 10, 2020 - 6:00 p.m. AGENDA 1. Call to Order 2. Invocation and Pledge of Allegiance - Councilman Bob Jackson 3. Employee Length of Service Awards 4. Approval of Minutes of Previous Meetings a. Town Council meeting minutes – November 12, 2020 b. Special Called Council meeting minutes – November 20, 2020 c. Standing Committee meeting minutes – December 7, 2020 5. Public Comment – For items on the December 10, 2020 Town Council meeting agenda only Public comments can be sent to publiccomments@summervillesc.gov before 4:30pm on Thursday, December 10, 2020. 6. Petitions – N/A 7. Pending Bills and Resolutions: a. Second and final reading of an ordinance to amend the Summerville Unified Development Ordinance, Chapter 13, Section 13.10.1, Administrative Adjustment b. Second and final 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. Second and final 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. Town Council Agenda – December 10, 2020 8. Introduction of Bills and Resolutions a. First reading of an ordinance to authorize the Mayor or Town Administrator to execute a quit- claim deed to Bradley W. Mallett, Jr. for TMS# 137-14-09-015 (Lot 4 on Legare Ln) b. First reading of an ordinance to rezone TMS#s 137-02-07-012 and 137-02-07-006, located at 108 and 110 N. Palmetto Street, approximately 0.51 acres each, and owned by Justin L. and Lyndy E. Carpenter (108) and Justin and Lyndy Carpenter and Paul and Deborah Gallagher (110) from GR-2, General Residential, to GR-5, General Residential (Council District 1). c. Consideration of an emergency ordinance regarding face coverings d. Consideration of an emergency ordinance regarding electronic meetings for Town Council and Citizen Committees, Boards, and Commissions e. First reading of an ordinance to amend Town Ordinances 2-94 and 2-95 to provide that Council Meetings, Boards, Commissions, and Committees be allowed to meet electronically/telephonically f. First reading of an ordinance requiring individuals to wear face coverings in certain circumstances, and matters related thereto 9. Miscellaneous a. Discussion of 2019 Financial Audit b. Approval to bid out archaeological study on Oakbrook Ashley River Preserve 10. Public Comment - Open Public comments can be sent to publiccomments@summervillesc.gov before 4:30pm on Thursday, December 10, 2020. 11. Executive Session: Legal, contractual and personnel matters a. Personnel matter regarding appointments to citizen committees, commissions, and boards b. Legal matter regarding condemnation of Tract 27 on North Maple Street c. Legal matter regarding a proposed tax increment financing district d. Legal matter regarding major road funding e. Legal matter regarding Summerville Fire and Rescue fire service f. Contractual matter regarding 208 South Cedar Street 12. Other Business a. Action to be taken by Council related to Executive Session 13. Adjourn Mayor Town Administrator Ricky Waring Rebecca Vance Council Members: Town Clerk Bob Jackson Beth Messervy Walter Bailey Aaron Brown Town Attorney Terry Jenkins G.W. Parker Kima Garten-Schmidt William McIntosh Town of Summerville COUNCIL MEETING MINUTES November 12, 2020 ATTENDANCE Present: Mayor Ricky Waring, Councilmembers Kima Garten-Schmidt, Terry Jenkins, Walter Bailey, Aaron Brown, Bob Jackson and Bill McIntosh. A quorum was met. Public and press were duly notified. The meeting took place in-person in Council Chambers. CALL TO ORDER The regular monthly meeting of Summerville Town Council was called to order at 6:00pm on Thursday, November 12, 2020 by Mayor Waring. The meeting was opened with prayer led by Councilmember Terry Jenkins, followed by the Pledge of Allegiance. PROCLAMATION PRESENTATION Mayor Waring, Chief Waring, and Doug Warren presented proclamations of gratitude to 10 members of the Summerville Fire and Rescue team and the Dorchester County EMT. PUBLIC HEARING Mayor Waring opened the public hearing for the Town of Summerville operating budget for the period of January 1, 2021 through June 30, 2021. There being no one to speak, the Mayor closed this part of the meeting. 200 South Main Street, Summerville, SC 29483-6000 * 843.871.6000, Fax: 843.871.6954 www.SummervilleSC.gov APPROVAL OF MINUTES OF PREVIOUS MEETINGS Mr. McIntosh made a motion, seconded by Mr. Jenkins, to approve Planning and Development Committee minutes from October 5, 2020; Town Council meeting minutes from October 8, 2020; Special Council meeting minutes from October 16, 2020; and Special Council meeting minutes from November 4, 2020. The motion carried unanimously. Mr. McIntosh made a motion, seconded by Mr. Jenkins, to approve the minutes of the Standing Committee Meeting minutes from November 9, 2020 with the amendment of a scribner’s error in the minutes; two Councilmembers’ names were incorrect. The motion carried unanimously. PUBLIC COMMENT (ITEMS ON THE NOVEMBER 12, 2020 AGENDA) Lauren Mallory of Summers Corner spoke in opposition of the face covering ordinance on the agenda. She stated that it is unbearable to wear a mask for someone with anxiety. Irene Cronin from 226 Medford Street spoke against the face covering ordinance. She stated that the ordinance is an overreach of government to protect a small portion of the population. Timothy Varner spoke in opposition of the rezoning. He stated that Council should not uproot people who are already living in the area by rezoning and building more homes. The Town Clerk read one public comment that was emailed in. She also reported that there were 23 emails in favor of the mask ordinance and 6 in opposition of the ordinance. There being no further comments, Mayor Waring closing this part of the meeting. PETITIONS – N/A PENDING BILLS AND RESOLUTIONS Mr. Jenkins made a motion, seconded by Mr. Bailey, to approve second and final reading on an ordinance to rezone TMS #130-00-00-008, located on North Maple Street, approximately 20.86 acres, and owned by Rosemary S. Harper Ward Trust from AC, Agricultural Conservation, N-MX, Neighborhood Mixed-Use. The motion carried unanimously. 200 South Main Street, Summerville, SC 29483-6000 * 843.871.6000, Fax: 843.871.6954 www.SummervilleSC.gov Mr. Bailey made a motion, seconded by Mr. Jenkins, to approve 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, and Section 2-63 – Authority to set meeting agenda. The motion carried 5-2 with Mr. Jackson and Ms. Garten- Schmidt voting in opposition. Mr. Jenkins made a motion, seconded by Mr. Bailey, to approve 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. The motion carried 4-3 with Mr. Jackson, Mr. Brown, and Ms. Garten-Schmidt voting in opposition. Mr. Brown made a motion, seconded by Mr. Jenkins, to approve second and final reading of an ordinance to amend the Summerville Unified Development Ordinance, Chapter 3, Section 4.3.8A – Drive-Thru/Drive-In Facility (UC-MX). The motion carried unanimously. INTRODUCTION OF BILLS AND RESOLUTIONS Mr. Jackson made a motion, seconded by Mr. Bailey, to give first reading to an ordinance to amend the Summerville Unified Development Ordinance, Chapter 13, Section 13.10.1, Administrative Adjustment. The motion carried unanimously. Mr. Jackson made a motion, seconded by Mr. Jenkins, to give first reading to an ordinance to amend Chapter 16 – Offenses and Miscellaneous Provisions, Article I – In General, Section 16-2 – Rules and regulations for public parks and public facilities. Some discussion followed. The motion carried unanimously. Mr. McIntosh made a motion, seconded by Mr. Jenkins, to give first reading to an ordinance to adopt an operating budget for the Town of Summerville for the fiscal period beginning January 1, 2021 and ending June 30, 2021. The motion carried unanimously. MISCELLANEOUS Mr. McIntosh made a motion, seconded by Mr. Bailey, to authorize staff to acquire TMS # 144-12-06-001, adjacent to Luden Drive and Sawmill Branch Canal. Some discussion followed. The motion carried unanimously. 200 South Main Street, Summerville, SC 29483-6000 * 843.871.6000, Fax: 843.871.6954 www.SummervilleSC.gov Mr. Jackson made a motion, seconded by Mr. Jenkins, to authorize staff to begin the quitclaim deed process for TMS# 137-14-09-015 (Legare Lane). Some discussion followed. The motion carried unanimously. Mr. Jenkins made a motion, seconded by Mr. Bailey to approve a resolution amending the Town of Summerville’s organizational chart. Mr. McIntosh made a motion, seconded by Mr. Bailey, to amend the original motion to add “Chief Administrative Judge” in the judge block, and to move the Court Administrator to report to the Chief Administrative Judge. The motion to amend carried unanimously. The original motion as amended carried unanimously. Mr. Jackson made a motion, seconded by Mr. Brown, to approve an emergency ordinance allowing electronic meetings to be held for Town Council meetings as well as for citizen committee, commission, and board meetings. Some discussion followed. The motion carried 6-1 with Mr. McIntosh voting in opposition. Mr. Jenkins made a motion, seconded by Mr. Bailey, to approve an emergency ordinance extending the expiration date of emergency ordinance #20-0906 to 11:59pm on December 10, 2020. Some discussion followed. Mr. McIntosh stated that it is important for the Town to communicate effectively with the press regarding topics such as the mask ordinance. A member of the public stood up and gave her public comment on the ordinance. Mayor Waring expressed his concern with the continued spread of the virus, stating that his doctor has urged him to continue wearing a mask. The motion carried 5-2 with Mr. McIntosh and Ms. Garten-Schmidt voting in opposition. PUBLIC COMMENT (OPEN): Mayor Waring opened up the floor for public comment. There being no participants, this part of the meeting was closed. Mr. Jenkins made a motion, seconded by Mr. Brown, to make an amendment to the agenda to add the item “award bid to Tupco for Rollins Edwards Community Center kitchen renovation.” Town Attorney GW Parker stated that since it is not an exigent circumstance, Council could not add this item to the current agenda. Mr. Jenkins withdrew his motion. 200 South Main Street, Summerville, SC 29483-6000 * 843.871.6000, Fax: 843.871.6954 www.SummervilleSC.gov EXECUTIVE SESSION: Mr. Jenkins made a motion, seconded by Ms. Garten-Schmidt to enter into Executive Session to discuss: 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” The motion carried unanimously, and Council entered into Executive Session at 6:58pm. Council reconvened at 8:24pm. Town Attorney GW Parker reported that no action was taken on items a-i in Executive Session. OTHER BUSINESS RELATED TO EXECUTIVE SESSION Mr. Jenkins made a motion, seconded by Mr. Jackson, to authorize the Town Administrator and Town Attorney to draw up an agreement with DREAM for the management of the Farmer’s Market for a period of 1 year; giving the Administrator the authority to enter into a contract. The motion carried unanimously. Mr. Jenkins made a motion, seconded by Mr. Bailey, to approve a supplement to the agreement with Dorchester County and Dorchester School District 2 for renovations to the Summerville High School football stadium. The motion carried unanimously. Mr. McIntosh made a motion, seconded by Mr. Jenkins, to appoint Lawrence Jamison to Chief Administrative Judge, effective on December 1, 2020 for a term of 4 years. The motion carried 6-0, with Mayor Waring recusing himself from the vote. 200 South Main Street, Summerville, SC 29483-6000 * 843.871.6000, Fax: 843.871.6954 www.SummervilleSC.gov Mr. McIntosh made a motion, seconded by Mr. Brown, to approve a resolution consenting to inclusion of parcel “Minshara” in a Multi-County Industrial Business Park. The motion carried unanimously. ADJOURN: Mr. McIntosh made a motion, seconded by Mr. Jackson, to adjourn. The motion carried unanimously, and the meeting adjourned at 8:28pm. Respectfully Submitted, APPROVED: Beth Messervy, Town Clerk Ricky Waring, Mayor 200 South Main Street, Summerville, SC 29483-6000 * 843.871.6000, Fax: 843.871.6954 www.SummervilleSC.gov  ORDINANCE 20-1105 AN ORDINANCE TO ADOPT AN OPERATING BUDGET FOR THE TOWN OF SUMMERVILLE, SC FOR THE FISCAL YEAR 2021 To raise revenue for the general uses and purposes of the Town of Summerville, South Carolina, for the Fiscal Year beginning January 1, 2021 and ending on June 30, 2021. BE IT ORDAINED, by the Mayor and Council of the Town of Summerville in Council assembled: SECTION I - That the proposed budget with proposed estimated revenue for payment thereof, as shown in the following items is hereby adopted and made a part hereof: GENERAL FUND REVENUES Property Taxes $14,282,813 Licenses 9,066,462 Franchise Fees 1,785,000 Permits and Fees 671,000 Fines and Forfeitures 125,000 Intergovernmental Revenues 2,119,400 Interest Income 65,000 Recreational Facilities 130,250 Miscellaneous Income 203,000 Total General Fund Revenues 28,447,925 Total Transfers In 848,199 TOTAL Sources of Funds $29,346,124 GENERAL FUND EXPENDITURES Municipal Court $363,297 Finance 325,904 Administration 1,233,241 Planning and Development 253,669 Buildings/Inspections/Codes 434,860 Town Engineer 409,444 Police 5,315,842 Fire 4,508,221 Communications Center 624,335 Vehicle Maintenance 456,203 Streets 1,377,076 Parks and Recreation 1,411,026 Debt Service 366,890 Buildings and Grounds 1,045,900 Capital Outlay 576,915 Non-Departmental 150,000 Fund Balance Committed for FY2022 10,490,301 TOTAL Uses of Funds 29,346,124  (A) That for the fiscal year 2021, a tax of 59.5 mills ($.595 per $1,000) upon every dollar of the value of all real and personal property within the corporate limits of the Town of Summerville be and the same is hereby imposed and levied for the purposes of: (1) Defraying the ordinary current expenses of the government of the Town of Summerville during 2021; (2) Paying the floating indebtedness of the Town, if any, during 2021; (3) Paying interest and principal on the bonded indebtedness of the Town of Summerville that may come due during 2021; and (4) For such other Capital expenditures as Council may authorize by resolution. (B) Be it further ORDAINED, that to promote and maintain the general health of the Town, there is hereby imposed upon all improved residential and some commercial properties in the Town Limits a SOLID WASTE COLLECTION FEE of $9.85 per month, to be billed annually by the County Auditor on the property tax bill and collected by the County Treasurer in the same manner as provided for property taxes on the 2020 property tax bill. PROVIDED, however that in the case of properties which, due to tax exemptions or other reasons, cannot be billed by the County Auditor, the Town Administrator shall implement systems for collection of the Sanitation Collection Fee imposed by this section or by Section III of this Ordinance. (C) Be it further provided, that in the case of new residences issued a Certificate of Occupancy prior to December 31, an interim SOLID WASTE COLLECTION FEE of $9.85 per month shall be assessed and collected on behalf of the town by the Summerville Commissioners of Public Works. The interim fee shall terminate on December 31, and be replaced by the SOLID WASTE COLLECTION FEE billed annually along with property taxes of the following year. (D) In the event that the interim SOLID WASTE COLLECTION FEE is not paid when due, interest and/or late fees shall accrue at a rate equal to the interest and/or late fees charged for water and sewer fees by the Commissioners of Public Works, until such time as the overdue payment and interest are paid. Additionally, the Commissioners of Public Works shall have the authority to terminate water and/or sewer service for nonpayment of the interim SOLID WASTE COLLECTION FEE. SECTION II That the taxes and fees herein and hereby levied pursuant to Section II are for the Fiscal Year beginning on the first day of January, 2021, and ending on the thirtieth day of June, 2021, and shall be due and payable in accordance with the schedule in effect for the collection of County Ad Valorem taxes for the County in which the taxable property is situate. SECTION III That penalties, interest charges and execution fees at the same rate as those in effect for the County in which the property is situated shall attach to and be added for nonpayment within the periods aforesaid. SECTION IV (A) The General Fund of the Town shall consist of all revenues and receipts of the Town except those by law restricted to specific purposes. General Fund Revenue shall include, but not be limited to, the Ad Valorem taxes raised by subsection I of this Ordinance, funds received from State and Federal agencies and programs, licenses, permit and franchise fees, payments for services, and investment income. The anticipated income from all such sources for the fiscal year 2021 is expected to be $29,346,124. SECTION V That for the fiscal year 2021, a base fee of $4 per equivalent residential unit per month is imposed and levied for the purposes of establishing a budget for the STORMWATER UTILITY FUND which shall operate as a special revenue fund, separate and distinct from the General Fund. The anticipated income for the Stormwater Utility Fund to be derived from fees and charges, and other sources for the fiscal year 2021, as authorized by the Stormwater Utility Ordinance, is expected to be $1,963,910. There is hereby appropriated the sum of $1,963,910 for the operation of the Stormwater Utility. DONE IN COUNCIL this Day of , 2020. _________________________________ , Mayor _________________________________ Beth Messervy, Town Clerk First Reading: Public Hearing: Second Reading: RATIFIED: