Town Council

TOWN of SUMMERVILLE, sc Town Council Meeting Council Chambers - Annex Building – 200 South Main Street Thursday, December 8, 2022 - 6:00 p.m. AGENDA 1. Call to Order 2. Invocation and Pledge of Allegiance - Councilmember Terry Jenkins 3. Employee Length of Service and Special Recognition Awards 4. Approval of Minutes of Previous Meetings a. Town Council Meeting – November 10, 2022 b. Standing Committee Meetings – December 5, 2022 5. Public Comment** – For items on the December 8, 2022 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# 144-00-00-070, 10.86 acres located off Greenwave Blvd., currently zoned R-3, Single Family Attached District, in Dorchester County and will be zoned G-B, General Business, upon annexation into the Town of Summerville’s municipal limits. b. Second and final reading of an ordinance to amend the Town’s Official Historic District map to add the property designated as Dorchester County TMS# 137-01-06-001, 333 Old Postern Rd. Meetings are livestreamed at www.summervillesc.gov Town Council Agenda – December 8, 2022 8. Introduction of Bills and Resolutions a. First reading of an ordinance to amend Town Ordinance Chapter 2, Article II, Division 1, Section 2-94 and Section 2-95; Chapter 2, Article II, Division 4; and, Chapter 2, Article III to provide for attendance by virtual/telephonic means at Town Council meetings, special Town Council meetings, Standing Council Committee meetings, Town boards, commissions and committees and that a quorum may be obtained by a member so attending. 9. Miscellaneous a. Authorization for Town Administrator or Mayor to sign an indemnification agreement with the City of Charleston to the extent permitted by law for their donation of six complete air packs with air bottles to the Town of Summerville Fire Department. b. Discussion of how to receive and disburse private donation for pickleball courts previously accepted by Council at the November Council meeting. 10. Public Comment** - Open 11. Executive Session: Personnel, contractual and legal matters a. Personnel matter related to appointments to citizen boards, committees, and commissions b. Personnel matter related to appointment of alternate member to the Town of Summerville Employee Grievance Committee c. Legal matter related to opioid settlement d. Contractual matters related to town prosecutorial services e. Personnel matter related to Town of Summerville employee benefits / paid observed holidays f. Legal matter related to filing civil action for court to declare “Creative Cuttin’ Styles” at 319 North Cedar Street a public nuisance 12. Other Business a. Action to be taken by Council related to Executive Session 13. Adjourn **PUBLIC COMMENTS MAY NOT BE USED FOR POLITICAL PURPOSES. IT IS A VIOLATION OF STATE LAW. SEE S.C. Code Ann. § 8-13-765.** Meetings are livestreamed at www.summervillesc.gov  Mayor Town Administrator Ricky Waring Lisa Wallace Council Members: Town Clerk Bob Jackson Beth Messervy Russ Touchberry Aaron Brown Town Attorney Terry Jenkins G.W. Parker Kima Garten-Schmidt William McIntosh Town of Summerville COUNCIL MEETING MINUTES November 10, 2022 ATTENDANCE Present: Mayor Ricky Waring, Councilmembers Kima Garten-Schmidt, Bob Jackson, Aaron Brown, Russ Touchberry, Terry Jenkins and Bill McIntosh. Also in attendance were Town Administrator Lisa Wallace, Town Attorney GW Parker, and Town Clerk Beth Messervy. A quorum was met. Public and press were duly notified. The meeting took place in Council Chambers at 200 South Main Street and was livestreamed from the Town’s website. CALL TO ORDER Mayor Waring called the meeting to order at 6:00pm on Thursday, November 10, 2022. Councilman Aaron Brown gave the invocation, followed by the Pledge of Allegiance. Those in attendance also observed a moment of silence for Captain Larry B. Johnson with the Summerville Police Department. PROCLAMATIONS Mayor Waring presented proclamations for Native American Heritage Month and Small Business Saturday. APPROVAL OF MINUTES OF PREVIOUS MEETINGS Mr. Jenkins made a motion, seconded by Mr. Jackson, to approve the combined minutes of the October 13, 2022 Council meeting; the October 21, 2022 Special Called Council Meeting; the October 27-28, 2022 Special Called Council meetings (Strategic Planning); and the Standing Committee Meeting minutes from November 7, 2022. The motion carried unanimously, and the minutes were accepted into record. PUBLIC COMMENT – NOVEMBER 10, 2022 AGENDA ITEMS Mayor Waring opened the floor for public comments for items on the November 10, 2022 agenda. There being none, the Mayor closed public comment. Town Council Meeting Minutes – November 10, 2022 Page 2 PETITIONS Mr. McIntosh made a motion, seconded by Mr. Jenkins, to accept the petition and give first reading to and ordinance to annex Dorchester County TMS# 144-00-00-070, 10.86 acres located off Greenwave Blvd., currently zoned R-3, Single Family Attached District, in Dorchester County and will be zoned G-B, General Business, upon annexation into the Town of Summerville’s municipal limits. (Council District 5). The motion carried unanimously. PENDING BILLS AND RESOLUTIONS Mr. Jenkins made a motion, seconded by Mr. Jackson, to give second and final reading of the ordinance to annex a portion of Berkeley County TMS# 232-00-02-052 (total of 7.76 acres) located off Marymeade Drive & Farm Springs Road, currently zoned PD-MU, Planned Development Mixed Use in Berkeley County and will be zoned G-B, General Business, upon annexation into the Town of Summerville’s municipal limits. (Council District 2). The motion carried unanimously. Mr. Jenkins made a motion, seconded by Mr. Touchberry, to give second and final reading of an ordinance to annex TMS#s 232-00-01-024 and -025, 1110 N. Main Street, and 232-00-01-029, 127 Berkeley Circle; three parcels totaling 1.388 acres, currently zoned GC, General Commercial, and RNC, Rural and Neighborhood Commercial, respectively, in Berkeley County and will be zoned G-B, General Business, upon annexation into the Town of Summerville’s municipal limits (Council District 2). The motion carried unanimously. Mr. Touchberry made a motion, seconded by Mr. Jackson, to give second and final reading of an ordinance to annex TMS#s 145-06-04-006, Stallsville Loop, and 145-06-05-008, 265 Stallsville Loop; two parcels totaling 1.73 acres, currently zoned CG, General Commercial, in Dorchester County and will be zoned G-B, General Business, upon annexation into the Town of Summerville’s municipal limits. (Council District 3). Ms. Garten-Schmidt stated that she would vote for the annexation, but that she would like the Town to make sure that there are proper entrances and exits on Stallsville Loop. The motion carried unanimously. Mr. Jackson made a motion, seconded by Mr. Jenkins, to give second and final reading of an ordinance to annex Berkeley County TMS#s 221-07-05-132 and 133, Lots 31-A and 31-C (total of 20.833 acres), located along Brighton Park Blvd., currently zoned PD-MU, Planned Development Mixed Use in Berkeley County and will be zoned PUD, Planned Development District upon annexation into the Town of Summerville’s municipal limits, and the existing Nexton PUD shall be amended to include this acreage and the additional land use intensities. (Council District 2). The motion carried unanimously. Mr. Jenkins made a motion, seconded by Ms. Garten-Schmidt, to give second and final reading of an ordinance approving a proposed fifth amendment to the Nexton Development Agreement by and between NASH-NEXTON Holdings, LLC, and the Town of Summerville, for that certain property (known as Nexton) located along Highway 17A/N. Main St. in the Town of Summerville, South Carolina. Amendments include additional acreage; amended PUD; and amended exhibits. The motion carried unanimously. Town Council Meeting Minutes – November 10, 2022 Page 3 Mr. McIntosh made a motion, seconded by Mr. Brown, to give second and final reading of an ordinance to grant a quit-claim deed of 4,038 SF (0.09 Ac) to CVEA Summerville III, LLC in the amount of $2,031.09. The motion carried unanimously. Mr. McIntosh made a motion, seconded by Mr. Jenkins, to give second and final reading of an ordinance to grant a quit-claim deed of 1,990 SF (0.04 Ac) to Dustoff22, LLC in the amount of $1,133.73. The motion carried unanimously. Mr. Touchberry made a motion, seconded by Mr. Jenkins, to give second and final reading of an ordinance to approve a major PUD amendment to the Knightsville Tract PUD (AKA Sweetgrass Station), TMS# 144-01-00-004 and 143-04-00-012, to allow the improvements to Orangeburg Road at the site entrance to be delayed until the completion of the 100th dwelling unit, with the added requirement that once Phase 1A (64 units) is complete, the project cannot move forward without the SCDOT encroachment permit for the improvements on Orangeburg Road (Council District 4). The motion carried unanimously. Mr. Jenkins made a motion, seconded by Mr. McIntosh, to give second and final reading of an ordinance to rezone TMS# 137-01-06-001, 333 Old Postern Road, approximately 1.16 acres, and owned by the Town of Summerville, from PUD, Planned Development District, to GR-2, General Residential (2 units/acre). (Council District 2). The motion carried unanimously. Mr. Jenkins made a motion, seconded by Mr. Jackson, to give second and final reading of an ordinance to rezone TMS# 137-00-00-002, Old Postern Road, W. Richardson Ave., and Parsons Road, approximately 29.51 acres, and owned by the Town of Summerville, from PUD, Planned Development District, to PL, Public Lands (Council District 2). The motion carried unanimously. INTRODUCTION OF BILLS AND RESOLUTIONS Mr. Brown made a motion, seconded by Mr. McIntosh, to give first reading of an ordinance to amend the Town’s Official Historic District map to add the property designated as Dorchester County TMS# 137-01-06-001, 333 Old Postern Road. The motion carried unanimously. Mr. Jackson made a motion, seconded by Mr. Touchberry, to approve a resolution to authorize the Commissioners of Public Works of the Town of Summerville to submit an application to the South Carolina Water Quality Revolving Fund Authority to finance the cost of wastewater treatment plant upgrades. The motion carried unanimously. Mr. Jackson made a motion, seconded by Mr. Jenkins, to approve a resolution for the Town Administrator to enter into an Intergovernmental Agreement with Dorchester County for animal control services. The motion carried unanimously. Mr. Brown made a motion, seconded by Mr. Jackson, to approve a resolution setting Property and Liability Deductibles with the South Carolina Municipal Insurance and Risk Financing Fund. The motion carried unanimously. Town Council Meeting Minutes – November 10, 2022 Page 4 MISCELLANEOUS In response to several employees inquiring about making Juneteenth a Town-observed paid holiday, Mr. Brown gave a brief history of Juneteenth and then stated that he spoke with Ms. Wallace about having a floating holiday that employees could use to observe Juneteenth or any other day in addition to the 12 observed holidays that are already in place. Mr. McIntosh stated that he would like to see the day after Christmas removed from the list of 12 observed holidays, and explained that it could be one of the days that employees could use as a floating holiday. Mr. Brown made a motion, seconded by Mr. McIntosh, to offer employees PTO to celebrate Juneteenth or another day with a floating holiday. Mr. Jenkins stated that it is getting more difficult for the Town to compete with other municipalities in recruiting employees. He also stated that he would like staff to come to Council with suggestions for recruitment and retention. Mr. McIntosh made a motion to amend Mr. Brown’s motion to allow for Juneteenth, Columbus Day, and the Day after Christmas to be chosen as an employee’s 12th holiday, effective 2023. Mayor Waring stated that very few “customers” come into the Town on the day after Christmas. Some discussion followed. Mr. Touchberry stated that he was not in favor of voting on anything until Council hears from staff about retention and recruitment strategies. Mr. Jackson made a motion to postpone the discussion to another meeting. Mr. McIntosh withdrew his motion to amend and suggested that the discussion be postponed to the December Council meeting. Mr. Brown withdrew his motion. Mr. McIntosh made a motion, seconded by Mr. Jackson, to postpone the discussion until the December Council meeting. Some discussion followed. The motion carried unanimously. Mr. Jackson made a motion, seconded by Mr. Jenkins, for Council to adopt a Town of Summerville, SC tax-advantaged bond compliance policies and procedures. The motion carried unanimously. Mr. Jackson stated that he believes that appointments to the citizen committees, commissions, and boards should be done in January instead of December. Mr. McIntosh explained that there would have to be an ordinance to change the length of term and the way that the Town Clerk advertises the expiration of terms. No action was taken. Mr. McIntosh made a motion, seconded by Mr. Jackson, to issue a purchase order to TruNarc in the amount of $34,415.12 for handheld Narcotics Detector. Funds to come from federal drug fund. The SPD was awarded with a Byrnes JAG Grant from the US Department of Justice for $14,453.00 to go towards this device and is reimbursable. The motion carried unanimously. Mr. Jackson made a motion, seconded by Mr. Brown, to accept a private donation of up to $100,000 to replace tennis courts at Laurel Street park with pickleball courts. Mr. McIntosh made a motion, seconded by Ms. Garten-Schmidt, to approve on the condition that the Parks and Recreation Department develop a plan to move the two tennis courts at Laurel Street to another location in Town. Some discussion followed. The motion to amend carried 6-1 with Mr. Jackson voting in opposition. The original motion as amended carried unanimously. Ms. Wallace gave a brief summary of the strategic planning sessions held in October. PUBLIC COMMENTS (open) Town Council Meeting Minutes – November 10, 2022 Page 5 Mayor Ricky Waring opened the floor for public comments for any topic. There being none, the Mayor closed public comment. EXECUTIVE SESSION: Mr. Jenkins made a motion, seconded by Mr. Brown, to enter into Executive Session to receive legal advice concerning possible settlement of Marymeade litigation, and to discuss personnel matters related to designation of acting Administrator during the Administrator’s absence. Mr. McIntosh made a motion, seconded by Mr. Touchberry, to amend the agenda to include “discussion of personnel matter related to potential employment of a Public Information Officer” in Executive Session. The motion carried 5-2, with the Mayor and Mr. Jenkins voting in opposition. Mr. McIntosh then made a motion, seconded by Mr. Touchberry, to amend Mr. Jenkins’s motion to enter into executive session with the newly added Executive Session item regarding the Public Information Officer. The motion carried unanimously. Council entered into Executive Session at 7:32pm. Council reconvened at 8:15pm. Town Attorney GW Parker stated that Council met in Executive Session to receive legal advice concerning possible settlement of Marymeade litigation, to discuss personnel matters related to designation of acting Administrator during the Administrator’s absence, and to discuss personal matters related to the potential employment of a Public Information Officer. He stated that no action was taken in Executive Session. OTHER BUSINESS: Mr. McIntosh made a motion, seconded by Mr. Jackson, to follow the Town Administrator’s recommendation and appoint Finance Director Rhonda Moore as Acting Administrator from November 12, 2022 – November 25, 2022. The motion carried unanimously. ADJOURN: Mr. Jenkins made a motion, seconded by Mr. Touchberry, to adjourn. The motion carried unanimously, and the meeting adjourned at 8:17pm. Respectfully Submitted, APPROVED: Beth Messervy, Town Clerk Ricky Waring, Mayor  TOWN of SUMMERVILLE, SC FINANCE COMMITTEE REPORT December 5, 2022 The Finance Committee met on Monday, December 5, 2022. Present were Mayor Waring and Committee members Bill McIntosh, Aaron Brown, Kima Garten-Schmidt, Russ Touchberry, and Terry Jenkins. Committee member Bob Jackson was absent. Also present were Town Administrator Lisa Wallace, Town Attorney G.W. Parker, and Town Clerk Beth Messervy. Other staff members, members of the press and members of the public were duly notified. The meeting was held in Council Chambers on the third floor of the Annex Building at 200 S. Main Street and livestreamed from the Town’s web site. Welcome Mayor Waring called the meeting to order at 5:30pm. Presentation Finance Director Rhonda Moore presented the November 2022 financial report. of Financials Financial Mr. Jenkins made a motion, seconded by Mr. Brown, to authorize a purchase order in the Requisitions amount $49,975.00 to Life Scan Wellness Centers for required OSHA physicals. Funds to come from budgeted operating funds from the Fire Department. The motion carried unanimously. Mr. Jenkins made a motion, seconded by Ms. Garten-Schmidt, to change a previously approved purchase order to Dick Smith Ford, Inc. for a new Ford F450 for the 2022 budget year from $63,414 to $72.261. Request from Stormwater Department. The motion carried unanimously. Mr. Jenkins made a motion, seconded by Mr. McIntosh, to approve a change order for Davey Resource Group to include the Town’s recently annexed areas (since 2020) in the GIS analysis of land cover analysis and tree canopy change assessment in the amount of $4,500. Funds to come from Planning Department budgeted professional fees. The motion carried unanimously. Mr. Brown made a motion, seconded by Mr. Jenkins, to modify the previously approved request regarding vehicles 264 and 267 being awarded to The Citadel DPS and the First Circuit Solicitors Office due to engine issues. Request is now that 264 and 267 be surplus and sold at auction, car 233 be awarded to the Solicitor's Office, and 221 to Citadel DPS. Request from Police Department. The motion carried unanimously. Mr. McIntosh made a motion, seconded by Mr. Jenkins, to authorize the purchase of a 2015 Mercedes-Benz Sprinter 3500 high-roof cargo van for the transportation of the SWAT team for $51,978 from Baker Motors of Summerville. Funds to come from insurance proceeds from previously totaled Police Department vehicles. The motion carried unanimously. Item G was not necessary after the vote on the Mercedes-Benz van. Adjourn Mr. McIntosh made a motion, seconded by Mr. Jenkins, to adjourn the meeting. The motion carried unanimously, and the meeting adjourned at 5:47pm. Respectfully submitted, Beth Messervy, Town Clerk  ORDINANCE TO ANNEX TO, AND INCORPORATE WITHIN THE CORPORATE LIMITS OF THE TOWN OF SUMMERVILLE, THE PARCEL OWNED BY EVERETT ASBURY KNIGHT, JR., ADJACENT TO THE BOUNDARY LINE OF THE TOWN, AS DESCRIBED ON THE DEED AND RECORDED PLAT ATTACHED HERETO AND INCORPORATED BY REFERENCE: WHEREAS, the owner of the real estate designated as Dorchester County TMS # 144-00-00-070, located off Greenwave Boulevard and totaling approximately 10.86 acres, has petitioned the Town Council of the Town of Summerville to annex into the Town of Summerville. NOW, THEREFORE BE IT ORDAINED by the Mayor and Members of Town Council duly assembled; SECTION I. That the described land on the attached deed and recorded plat, contiguous to the boundary of the Town of Summerville is hereby annexed to, taken into and made a part of the Town of Summerville and including the public roadway(s) immediately adjacent to the property lines of the parcel for the purposes of providing public service to the parcel. SECTION II. That the properties above described and hereby annexed shall be Zoned G-B “General Business” and be classified as G-B “General Business” under the Zoning Ordinance of the Town of Summerville. Ratified this _______ day of ____________, 2022 A.D. Ricky Waring, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: ____October 17, 2022___ FIRST READING: _____ ________ _______ SECOND READING: ________ _________  AN ORDINANCE TO AMEND THE TOWN’S OFFICIAL HISTORIC DISTRICT MAP TO ADD THE PROPERTY DESIGNATED AS DORCHESTER COUNTY TMS# 137-01-06-001, 333 OLD POSTERN ROAD. WHEREAS, the Town of Summerville’s Comprehensive Plan, Summerville: Our Town, Our Future, includes the recommendation to develop historic designations for expanded areas and neighborhoods adjacent to or outside of the Historic District, as appropriate; and, WHEREAS, the Town of Summerville owns the property designated as Dorchester County TMS# 137-01-06-001, 333 Old Postern Road; and, WHEREAS, per UDO Section 13.11.3, said properties do not have to be contiguous with the current boundary of the historic district; and, WHEREAS, the Town of Summerville’s Board of Architectural has determined that said property meets at least one of the criteria for expansion of and addition to the Town’s historic district per UDO Section 13.11.3 and recommended that it should be included into said district at their meeting on November 2, 2022; and, THEREFORE, BE IT ORDAINED, by the Mayor and Town Council of the Town of Summerville in Council assembled that the approximately 1.16 acres owned by the Town of Summerville, located at 333 Old Postern Road and known as Dorchester TMS# 137-01-06-001, be added to the Town’s Historic District. The Official Historic District Map of the Town of Summerville is hereby amended so as to incorporate this change. Ratified this day of , 2022. Ricky Waring, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: November 1, 2022 FIRST READING: _____ SECOND READING: _____  ORDINANCE AN ORDINANCE TO AMEND TOWN ORDINANCE CHAPTER 2, ARTICLE II, DIVISION 1, SECTION 2-94 AND SECTION 2-95; CHAPTER 2, ARTICLE II, DIVISION 4; AND, CHAPTER 2, ARTICLE III TO PROVIDE FOR ATTENDANCE BY VIRTUAL/TELEPHONIC MEANS AT TOWN COUNCIL MEETINGS, SPECIAL TOWN COUNCIL MEETINGS, STANDING COUNCIL COMMITTEE MEETINGS, TOWN BOARDS, COMMISSIONS AND COMMITTEES AND THAT A QUORUM MAY BE OBTAINED BY A MEMBER SO ATTENDING WHEREAS, Sec. 2-94 does not provide for attendance by virtual/telephonic means to Regular or Special Called Meetings nor are there any provisions for the Town’s Boards, Commissions and Committees, and WHEREAS, Town Council enacted Ordinance 20-1203 which provided for virtual/telephonic attendance and Meetings for Council, Boards, Commissions and Committees as well as providing that a quorum could be obtained by a member attending by virtual/telephonic means during the Covid-19 Crisis or any other public emergency, and WHEREAS, Town council has recognized there are other situations other than the Covid-19 Crisis or public emergency which may prohibit a member from attending a meeting in person such as illness, travel or personal emergency, and WHEREAS, It is the desire of town Council to provide for a member of Town Council, Town Council Standing Committees, the Town Boards, Commissions and Committees to attend meetings by virtual/telephonic means when unable to attend due to illness, travel or personal emergency, and, further to provide that a quorum may be obtained when a member attends by virtual/telephonic means. NOW THEREFORE, Be it ordained by the Mayor and Members of Town Council duly assembled; 1. The above Recitals are hereby incorporated into this Ordinance to the same extent as if set out verbatim. 2. Sec. 2-94 is hereby amended so that it will hereafter read: Sec. 2-94. - Required attendance. It shall be the duty of the council members to attend the regular meetings of the council and, when notified, to attend all special meetings called by the mayor or a majority of the council. A council member may attend by virtual or telephonic means because of illness, travel or personal emergency which makes the physical presence of the council member impracticable. For all purposes, attendance of a council member attending by virtual/telephonic means will be as if the council member were attending in person. The provisions of this Section shall be applicable  to Town Council Standing Committees, the Towns Boards, Commissions and Committees. 3. Sec.2-95 is hereby amended to read so that it will hereafter read: Sec. 2-95 – Presiding officer; quorum. Immediately at the hour appointed for a council meeting, the presiding officer shall take the chair and, if a quorum is present, proceed to business. A majority of the seven members of the council (four) shall constitute a quorum. A quorum may be obtained by a member attending by virtual/telephonic means. The provisions of this Section establishing a quorum shall apply to Town Council Standing Committees, Town Boards, Commissions and Committees. AND, It Is So Ordained! Dated this day of , 2022 A.D. ____________________________________ Ricky Waring, Mayor Town of Summerville ATTEST: ___________________________ Beth Messervy, Clerk to Council Introduction and First Reading: _____________ Second and Final Reading: _________________