Town Council

TOWN of SUMMERVILLE, sc Town Council Meeting Council Chambers - Annex Building – 200 South Main Street Thursday, January 12, 2023 - 6:00 p.m. AGENDA 1. Call to Order 2. Invocation and Pledge of Allegiance - Councilmember Russ Touchberry 3. Presentation by Sweet Tea Half Marathon 4. Proclamations and Resolutions 5. Approval of Minutes of Previous Meetings a. Town Council Meeting – December 8, 2022 b. Standing Committee Meetings – January 9, 2023 6. Public Comment** – For items on the January 12, 2023 Town Council meeting agenda only 7. Petitions – n/a 8. Pending Bills and Resolutions a. Second and final 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. Meetings are livestreamed at www.summervillesc.gov Town Council Agenda – January 12, 2023 9. Introduction of Bills and Resolutions a. First reading of an ordinance to amend Chapter 8, Article II, Section 8-42(a) and Section 8-43 to provide for an interest free grace period for non-payment of business license taxes and to allow the license official to provide notice by electronic mail. b. First reading of an ordinance to rezone TMS# 137-14-05-013, 800 S. Main Street, approximately 0.47 acres, and owned by John Thomas Wayne Beasley, from GR-2, General Residential (2 units/acre), to N-MX, Neighborhood Mixed-Use. (Council District 3) Planning Commission held a public hearing and made a recommendation for approval at their meeting on December 19, 2022. Planning and Development Committee made a recommendation for approval with the condition of a deed restriction preventing subdivision of the property at their meeting on January 9, 2023. c. First reading of an ordinance to amend the Unified Development Ordinance Chapter Thirteen, Section 13.3.5 to provide that the seven-member Design Review Board is to be comprised in, part, of one architect, to include a landscape contractor in Section 13.3.5(b)(2) and three at large seats. 10. Miscellaneous a. Appointment to Bicycle and Pedestrian Advisory Committee b. Consideration to move February 6, 2023 Standing Committee meetings from 5:30pm start to 1:00pm start. c. Authorization to Execute an Agreement Concerning Electric Service Rights Between Berkeley Electric Cooperative and Dominion Energy of S.C., Inc. d. Authorization for Town Administrator or Mayor to execute a contract with DREAM for downtown development services for 2023. e. Authorization for Town Administrator or Mayor to sign a Memorandum of Understanding with the Goose Creek Police Department for law enforcement assistance and support. f. Acceptance of sculpture for Saul Alexander Park from Sculpture in the South g. Discussion of hiring a full-time prosecutor. At their meeting on January 9, 2023, the Public Safety Committee voted to move the item to full Council for further understanding and discussion with a recommendation from the Committee to approve. h. Authorization to surplus Streets vehicle unit number S91, 1999 Chevrolet medium duty C3500 with mileage of 146,769. 11. Public Comment** - Open Meetings are livestreamed at www.summervillesc.gov Town Council Agenda – January 12, 2023 12. Executive Session: Personnel, contractual and legal matters a. Personnel matter related to appointment to Employee Grievance Committee b. Contractual and Personnel Matters related to Director of Community and Economic Development c. Legal Matters Related to Acquisition of Property (Luke Avenue) d. Contractual Matters Related to the Lease/Sublease of Town-owned property at 100 W. Richardson Avenue, Suite C 13. Other Business a. Action to be taken by Council related to Executive Session 14. 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 December 8, 2022 ATTENDANCE Present: Mayor Ricky Waring, Councilmembers Kima Garten-Schmidt, Aaron Brown, Russ Touchberry, Terry Jenkins and Bill McIntosh. Councilmember Bob Jackson was absent. 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, December 8, 2022. Councilman Terry Jenkins gave the invocation, followed by the Pledge of Allegiance. EMPLOYEE LENGTH OF SERVICE AWARDS & SPECIAL RECOGNITION Mayor Waring presented the 2022 Employee Length of Service Awards to Town of Summerville employees who met the 10, 15, 20, 25, 30, and 35 year benchmarks. He then presented a plaque and resolution to Bill Salisbury, Town arborist, for his retirement. APPROVAL OF MINUTES OF PREVIOUS MEETINGS Mr. McIntosh made a motion, seconded by Mr. Jenkins, to approve the minutes of the November 10, 2022 Council meeting and the December 5, 2022 Standing Committee meetings. The motion carried unanimously, and the minutes were accepted into record. PUBLIC COMMENT – DECEMBER 8, 2022 AGENDA ITEMS Mayor Waring opened the floor for public comments for items on the December 8, 2022 agenda. There being none, the Mayor closed public comment. Town Council Meeting Minutes – December 8, 2022 Page 2 PENDING BILLS AND RESOLUTIONS Mr. McIntosh made a motion, seconded by Mr. Jenkins, to give second and final 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. Mr. Jenkins made a motion, seconded by Mr. McIntosh, to give 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 Road. The motion carried unanimously. INTRODUCTION OF BILLS AND RESOLUTIONS Mr. Jenkins made a motion, seconded by Mr. Touchberry, to give first reading to 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. The motion carried unanimously. MISCELLANEOUS Mr. McIntosh made a motion, seconded by Ms. Garten-Schmidt, to authorize the 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. The motion carried unanimously. Mr. McIntosh made a motion, seconded by Mr. Jenkins, to authorize Town Attorney GW Parker to enter into an agreement with Dorchester County Parks to accept the donation of up to $100,000 from a private citizen for the pickleball courts on Laurel Street. Some discussion followed. The motion carried unanimously. PUBLIC COMMENTS (open) 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. McIntosh, to enter into Executive Session to discuss: a. Personnel matter related to appointments to citizen boards, committees, and commissions Town Council Meeting Minutes – December 8, 2022 Page 3 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 The motion carried unanimously, and Council entered into Executive Session at 6:23pm. Council reconvened at 8:35pm. Town Attorney GW Parker stated that Council met in Executive Session to discuss: 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 He stated that no action was taken on any item in Executive Session. OTHER BUSINESS: Mr. McIntosh made a motion, seconded by Mr. Touchberry, to reappoint xxxxxxx to the Board of Architectural Review. The motion carried unanimously. Mr. McIntosh made a motion, seconded by Mr. Jenkins, to reappoint Don Nye and Lionel Lawson to the Board of Zoning Appeals. The motion carried unanimously. Mr. McIntosh made a motion, seconded by Mr. Brown, to reappoint Hart Weatherford and to appoint Peter Irie to the Design Review Board. The motion carried unanimously. Mr. McIntosh made a motion, seconded by Mr. Brown, to reappoint Robert Pratt and Liz Wiggins and to appoint Hunter Jackson to the State Accommodations Tax Advisory Committee. The motion carried unanimously. Mr. Touchberry made a motion, seconded by Ms. Garten-Schmidt, to appoint Amanda Metzger to the Bicycle and Pedestrian Advisory Committee. The motion carried unanimously. Mayor Waring made a motion, seconded by Mr. McIntosh, to reappoint Gene Brislin to the Bicycle and Pedestrian Advisory Committee. The motion carried unanimously. Mr. Brown made a motion, seconded by Mr. Jenkins, to reappoint Vincent Thurman to the Bicycle and Pedestrian Advisory Committee. The motion carried unanimously. Town Council Meeting Minutes – December 8, 2022 Page 4 Mayor Waring made a motion, seconded by Mr. Jenkins and Mr. McIntosh, to reappoint Peter Wallace to the Tree Protection Board. The motion carried unanimously. Mr. Jenkins made a motion, seconded by Ms. Garten-Schmidt and Mr. Brown, to add a 13th paid holiday in calendar year 2023 as a “floating” holiday. The motion carried unanimously. ADJOURN: Mr. McIntosh made a motion, seconded by Mr. Touchberry, to adjourn. The motion carried unanimously, and the meeting adjourned at 8:41pm. Respectfully Submitted, APPROVED: Beth Messervy, Town Clerk Ricky Waring, Mayor  TOWN OF SUMMERVILLE PARKS & RECREATION DEPARTMENT “Creating Sense of Place Through Parks & Play” TO: Beth Messervy, Town Clerk CC: Lisa Wallace, Town Administrator FROM: Amy Evans, Parks & Recreation Director DATE: January 10, 2023 RE: January Parks & Recreation Committee Minutes The Parks & Recreation Committee met on Monday, January 9, 2023 in the Council Chambers of the Town Hall Annex. Chairman Bob Jackson and committee members Aaron Brown and Kima Garten-Schmidt participated in the meeting. The meeting was called to order at 5:30 PM. Ms. Evans shared that Sculpture in the South had contacted her regarding placing a piece of art at Saul Alexander Playground. Ms. Dora Ann Reaves provided some additional information regarding the proposed piece. Mr. Brown expressed interest in having a sculpture installed at Wassamassaw Community Park to reflect the heritage of that area in the future. Ms. Garten-Schmidt made a motion (seconded by Mr. Brown) to move the donation by Sculpture in the South to full Council with a recommendation to accept the donation. Motion passed unanimously. Ms. Evans stated that staff would like to outsource the concession stand at Gahagan Park starting with the 2023 spring season. Ms. Evans reported that the concession stand was not open in the fall of 2022; acquiring and keeping part-time staff has been very challenging for these positions. The Parks and Recreation Department will advertise this opportunity to the public and request letters of interest. Staff will select from interested parties based on set criteria. The fee per season will be $1,000.00. There were no objections. With no other business to discuss, Ms. Garten-Schmidt made a motion (seconded by Mr. Brown) to adjourn. Motion passed unanimously and the meeting adjourned at 5:37 PM. Sincerely, Amy Evans Parks & Recreation Director Town of Summerville  PLANNING AND DEVELOPMENT COMMITTEE REPORT for January 9, 2023 5:30 PM The Planning and Development Committee of Town Council met on January 9, 2023. The meeting was held in the Council Chambers of Town Hall, 200 S. Main Street, Summerville, SC. Committee members present included Terry Jenkins, Council District 2; Russ Touchberry, Council District 3; and Bob Jackson, Council District 6. Staff members present included Jessi Shuler, AICP, Director of Planning and other Town staff. The meeting was called to order at 5:38 PM immediately following the Parks and Recreation Committee meeting. Annexations: Ms. Shuler introduced the petition by Mad Dog Development, LLC to annex Dorchester County TMS# 152-00-00-051, 3.83 acres located off Flood Heirs Road, currently zoned MUC, Mixed Use Community District, in Dorchester County and will be zoned UC-MX, Urban Corridor Mixed-Use, upon annexation into the Town of Summerville’s municipal limits. (Council District 5) At the direction of Chairman Jenkins, she then also introduced the petition by Ayako and Terry W. Richburg to annex Dorchester County TMS# 152-01-02-007, 13.24 acres located at 116 Flood Heirs Road, currently zoned R-1, Single-Family Residential, in Dorchester County and will be zoned UC-MX, Urban Corridor Mixed-Use, upon annexation into the Town of Summerville’s municipal limits. (Council District 5) She stated that the Planning Commission held a public hearing and made a recommendation for approval at their meeting on December 19, 2022 for both properties as the applicant is proposing to develop them together. Ms. Shuler briefly explained that the properties are currently fronting Flood Heirs Road, but that frontage will be on the Berlin G. Myers Parkway once its extension is completed. The applicants are proposing a commercial building along a portion of the frontage with apartments on the remainder of the site. Mr. Jenkins stated that he was concerned about the traffic implications, but he believes this is an appropriate location for apartments, which could outweigh the potential traffic concerns. He did request that the applicant consider making the whole frontage commercial, as he felt that would make this annexation more beneficial to the Town. Nicole Scott with Nexsen-Pruet spoke on behalf of the applicant. She confirmed that the conceptual site plan was not finalized and that they would consider the suggestion; however, they would have to make sure that it worked with their proforma. The applicant questioned if the additional commercial building could have commercial on the first floor and apartments on the second floor. Mr. Jenkins answered that he would not be against that layout, but recommended that they look at different options. Mr. Brown asked about the affordability of the proposed apartments, as affordable housing is an increasing concern. The applicant responded that the proposal is for an average rate, not high end, or low end. Mr. McIntosh expressed concern with the fact that the properties were outside of the Town’s planning area, and primarily with the fact that the fiscal impact analysis (FIA) appeared to show such a large difference in revenues versus expenses over 20 years. He stressed that he would not generally be in favor of an annexation unless the revenues and expenses were close to equal, but preferably in the positive for the Town. Ms. Scott noted that they believed that there was a miscalculation in their FIA and were in the process of reviewing that. Mr. Jackson made a motion to defer the items to next month’s Committee meeting to allow the applicant to consider different options and review their FIA, and Mr. Touchberry made the second. Mr. Jenkins called for the question, and the motion passed unanimously. Rezoning: Ms. Shuler then introduced the request to rezone TMS# 137-14-05-013, 800 S. Main Street, approximately 0.47 acres, and owned by John Thomas Wayne Beasley, from GR-2, General Residential (2 units/acre), to N-MX, Neighborhood Mixed-Use. (Council District 3) Mr. Jenkins explained that he had no problem with the change of use, but he was concerned that the change of zoning would then allow for the property to potentially be subdivided. He requested that the applicant record a deed restriction to prevent future subdivision of the property. Mr. Touchberry asked if the applicant had a timeline for needing an answer on the rezoning, and Ms. Shuler stated that they do have a purchase agreement that is contingent upon the rezoning approval which she believes would have a time limit. Mr. Touchberry asked if a motion could be made to approve the rezoning with the deed restriction requirement rather than deferring the application. Town Attorney G.W. Parker agreed that could be done. Mayor Waring questioned the other uses that would be allowed under the N-MX zoning district and cautioned moving too quickly without further discussion and a full review of the allowed uses. Ms. Shuler briefly explained the uses allowed. Mr. McIntosh asked Ms. Shuler for confirmation that this property was in the Historic District and questioned if subdivision would be feasible. Ms. Shuler confirmed that the property was in the Historic District and any exterior changes would required BAR approval. She noted that with the change in zoning, subdivision could be allowed; however, BAR approval would still be needed for any new proposed structures, which would be difficult to meet the historic context of the property. Mr. Jenkins questioned what else would be allowed now, and Ms. Shuler explained that it could be any other type of retail (barring the sale of alcohol, tobacco, adult-oriented products). Mr. Jackson asked if the deed restriction would significantly limit the property, and Ms. Shuler explained that it would not limit the uses, but would prohibit subdivision of the property. Mr. McIntosh questioned how much time would have to expire for a nonconforming use to no longer be legal. Ms. Shuler stated that the ordinance currently reads that the a legal nonconforming use must come into conformance if there is an obvious change in use, or if the use is discontinued for three consecutive months. Mr. McIntosh stressed that at some point this building would have to be renovated based on those restrictions. Ms. Shuler noted that unfortunately, the building is in a state of disrepair and the current applicant is willing to spend a significant amount of money to rehabilitate the building as it is with minor changes to the appearance. They like the look and feel of the historic buildings, which is one reason why they are interested in the property. Mr. McIntosh noted that if the building was rehabilitated/renovated and then remained vacant for more than three consecutive months, it could only be used for a residence forever, unless it was rezoned, and Ms. Shuler confirmed that that was the case. Following the discussion, Mr. Touchberry made a motion to move this item forward to full Council with a recommendation of approval with a deed restriction to prevent subdivision in future years. Mr. Jackson made the second. Following no additional business or discussion, the meeting was adjourned at 6:03 PM on a motion by Mr. Jackson, and a second by Mr. Touchberry. Respectfully submitted, Jessi Shuler, AICP January 10, 2023 Director of Planning  PUBLIC SAFETY COMMITTEE Minutes from January 9, 2023 Meeting The meeting was called to order at 6:04 pm by Chairman Bill McIntosh. Committee members Aaron Brown, Terry Jenkins, and Bill McIntosh were present. Police Chief Doug Wright and Fire Chief Richard Waring were also present. Chief Wright stated that the Town needs a full-time prosecutor instead of part-time because of the case load. The part-time prosecutor also owns his own business, so his time working for the Town is limited. Chief Wright explained that the Town is losing cases because the police officers are having to try their own cases when the prosecutor is not there, and the officers are not trained to try cases. He also stated that the police officers are not prepared for court because of a lack of communication with the current part-time prosecutor. Mr. McIntosh stated that it would be helpful to have a full-time prosecutor whether or not a jury trial is requested. Mr. McIntosh further stated that if the Town does hire a full-time prosecutor, the salary and benefits need to be moved from the police department budget, as it poses a conflict of interest. Mr. Jenkins made a motion, seconded by Mr. Brown, to move the item to full Council for further consideration with the recommendation for approval. There being no further business, Mr. Jenkins made a motion, seconded by Mr. Brown, to adjourn. The motion carried, and the meeting adjourned at 6:16pm. Respectfully submitted, __________________________ Beth Messervy, Town Clerk Mayor Town Administrator Ricky Waring Lisa Wallace Town Clerk Council Members: Beth Messervy Bob Jackson Russ Touchberry Town Attorney Aaron Brown G.W. Parker Terry Jenkins Kima Garten-Schmidt William McIntosh Town of Summerville PUBLIC WORKS AND COMMITTEE ON WATER SUPPLY January 9, 2023 The meeting was called to order at 6:17pm by Chairperson Kima Garten-Schmidt. Present were members Kima Garten-Schmidt, Bill McIntosh and Russ Touchberry; Mr. Russ Cornette, Town Engineer and Public Works Director, was also present. Mr. Cornette presented the first agenda item: Leading Pedestrian Intervals on the corners of Cedar/Richardson and Richardson/Main. He explained the concept behind the LPIs, when a pedestrian activates the crosswalk signal, all lights would turn red to give the pedestrian a 4 second head start before the normal traffic pattern would continue. He stated that the SCDOT would agree to this unless it negatively affects the traffic flow. There is no cost to the Town. Some discussion followed. The committee requested that Mr. Cornette make a request to the SCDOT for the LPIs at the said intersections. Mr. Cornette stated that staff recommends increasing the radius from 40 feet to 60 feet where Berkeley Circle meets Old Light Road so that trucks can make the turn without running up on the curb. He stated that he would like to include it in this year’s resurfacing contract and that he estimates a cost of $15,000. He also stated that the cost could go down depending on the resurfacing contract that is agreed upon. Mr. McIntosh made a motion, seconded by Mr. Touchberry, to adjourn the meeting. The motion carried unanimously, and the meeting adjourned at 6:26pm. Respectfully submitted, __________________________ Beth Messervy, Town Clerk  TOWN of SUMMERVILLE, SC FINANCE COMMITTEE REPORT January 9, 2023 The Finance Committee met on Monday, January 9, 2023. Present were Mayor Waring and Committee members Bill McIntosh, Aaron Brown, Kima Garten-Schmidt, Russ Touchberry, Bob Jackson and Terry Jenkins. 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 6:27pm. Presentation Finance Director Rhonda Moore presented the December 2022 financial report. of Financials Strategic Plan Town Administrator Lisa Wallace reviewed the progress of the action items that Council Action Items decided on at the Strategic Planning meetings in October 2022. Some discussion Update followed regarding using Dorchester County Council chambers for a temporary location of the Town of Summerville Municipal Court or using the newly purchased Dominion property. Ms. Wallace stated that Council needs to wait on the economic analysis of the Dominion property before any decisions are made. American Finance Director Rhonda Moore presented the current revenue and expenditures of the Rescue Plan American Rescue Plan funds. Funds Update Financial Mr. Brown made a motion, seconded by Mr. McIntosh, to issue a purchase order to Requisitions Municipal Emergency Services in the amount of $70,989.15 for the purchase of 15 each of Structural Coats, pants, flash hoods, boots and equipment bags for the upcoming recruit school personnel. Funds to come from budgeted operating funds. Request from the Fire Department. The motion carried unanimously. Mr. Brown made a motion, seconded by Mr. Jackson, to issue a purchase order for $25,300 to Keck & Wood, Inc for the design and permitting of a sidewalk along West First North Street to be funded by CDBG funds. Keck & Wood, Inc was selected by the RFQ method. Request from Public Works Department. The motion carried unanimously. Surplus Mr. Jackson made a motion, seconded by Mr. Jenkins, to surplus PD Unit 257, 2014 Vehicles Dodge Charger (white), Mileage 117,594. The motion carried unanimously. Mr. Jenkins made a motion, seconded by Ms. Garten-Schmidt, to surplus 2009 Ford Crown Victoria, Vehicle R 72, Mileage 100,261. The motion carried unanimously. Adjourn Mr. Jenkins made a motion, seconded by Mr. Jackson, to adjourn the meeting. The motion carried unanimously, and the meeting adjourned at 6:58pm. Respectfully submitted, Beth Messervy, Town Clerk  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: _________________  ORDINANCE AN ORDINANCE TO AMEND CHAPTER 8, ARTICLE II, SECTION 8-42(A) AND SECTION 8-43 TO PROVIDE FOR AN INTEREST FREE GRACE PERIOD FOR NON- PAYMENT OF BUSINESS LICENSE TAXES AND TO ALLOW THE LICENSE OFFICIAL TO PROVIDE NOTICE BY ELECTRONIC MAIL THAT BUSINESS LICENSE TAXES ARE DUE WHEREAS, Chapter 8, Article II, Section 8-42(a) currently reads as follows: For non-payment of all or any part of the correct business license tax, the license official shall impose and collect a late penalty of five percent of the unpaid tax for each month or portion thereof after the due date until paid. Penalties shall not be waived. If any business license tax remains unpaid for 60 days after its due date, the license official shall report it to the municipal attorney for appropriate legal action. ,and WHEREAS, It is the desire of Town Council to provide a thirty (30) day grace period prior to imposing a penalty for an unpaid business license tax, and WHEREAS, Chapter 8, Article II, Section 8-43 currently reads as follows: The license official may, but shall not be required to, mail written notices that business license taxes are due. If notices are not mailed, there shall be published a notice of the due date in a newspaper of general circulation within the municipality three times prior to the due date in each year. Failure to receive notice shall not constitute a defense to prosecution for failure to pay the tax due or grounds for waiver of penalties. ,and WHEREAS, It is the desire of Town Council to provide that notice may be given by electronic means in addition to those currently provided. NOW THEREFORE, Be it ordained by the Mayor and Members of Town Council duly assembled; 1. The above recitals are incorporated herein to the same extent as if set out verbatim. 2. Chapter 8, Article II, Section 8-42(a) is hereby amended so that it will hereafter read: 8-42(a). For non-payment of all or any part of the correct business license tax, the license official shall impose and collect a late penalty of five (5%) percent of the unpaid tax for each month or portion thereof after the expiration of the grace period until paid. Penalties shall not be waived. A one-month grace period will be afforded to business owners, penalty free. Penalties will begin to accrue on June 1 of each year. If any business license tax remains unpaid for sixty (60) days after its due date, the license official shall report it to the municipal attorney for appropriate legal action. 1  3. Chapter 8, Article II, Section 8-43 is hereby amended so that it will hereafter read: The license official may, but shall not be required to, mail written notices via U.S. Postal Service or by electronic mail that business license taxes are due. If notices are not mailed by either of the foregoing methods, there shall be published a notice of the due date in a newspaper of general circulation within the Municipality three (3) times prior to the due date in each year. Failure to receive notice shall not constitute a defense to prosecution for failure to pay the tax due or grounds for waiver of penalties. 4. Electronic mail shall not be used for notice requirements of S.C. Code Ann. §6-1-410. AND, It is so Ordained! Dated this day of , 2023 A.D. ____________________________________ Ricky Waring, Mayor Town of Summerville ATTEST: ___________________________ Beth Messervy, Town Clerk Introduction and First Reading: ____________ Second and Final Reading: _________________ 2  ORDINANCE To Amend the Zoning Map of the Town of Summerville BE IT ORDAINED, by the Mayor and Town Council of the Town of Summerville in Council assembled that the approximately 0.47 acres owned by John Thomas Wayne Beasley, located at 800 S. Main Street and known as Dorchester TMS# 137-14-05-013, be rezoned to the classification of N-MX, “Neighborhood Mixed-Use” from the classification of GR-2 “General Residential (2 units/acre)” with the condition and requirement that any deed of conveyance contain a restriction the property shall not be subdivided. The Zoning Map of the Town of Summerville is hereby amended so as to incorporate this change. Ratified this day of , 2023. Ricky Waring, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: December 19, 2022 FIRST READING: _____ SECOND READING: _____  SH AMPT O N ST ST IN A M S Z onin g G R-2 R ezonin gtoN -MX G R-5 D isclaim er:T h ism apisagrap hicrepresentatio no fdatao btain edfro m P L vario thism usso ap;h u o rces. A w ev lleffo er,th eT rtsh o w no av eb fS eenm um m ad etow ervilled arran isclaim ttheaccu sallrep racyo resen f tation 2022 0 0.15 0.3 M i R ezo nin gRe q u est an dliabilityfo rth eu seo f thism ap. Km C oord inateS ystem :WG S1984W ebM ercato rAu xiliaryS p h ere 0 0.3 0.6  ORDINANCE AN ORDINANCE TO AMEND THE UNIFIED DEVELOPMENT ORDINANCE CHAPTER THIRTEEN, SECTION 13.3.5 TO PROVIDE THE SEVEN MEMBER DESIGN REVIEW BOARD IS TO BE COMPRISED IN, PART, OF ONE ARCHITECT, TO INCLUDE LANDSCAPE CONTRACTOR IN SECTION 13.3.5(B)(2) AND THREE AT LARGE SEATS WHEREAS, the Unified Development Ordinance, Chapter Thirteen, Section 13.3.5(B) currently reads as follows: 13.3.5 DESIGN REVIEW BOARD B. Membership: Seven (7) members comprised as follows: 1. Two architects or architectural designers; 2. One landscape architect, landscape designer, urban designer; 3. One civil engineer; 4. One commercial developer/contractor; commercial real estate agent, commercial appraiser or a private planning consultant; and 5. The remaining two seats will be “at large.” , and WHEREAS, it is the desire of Council to reduce the requirement of two (2) architects or architectural designers to one (1) architect or architectural designer, add landscape contractor to 13.3.5(B)(2) and have three (3) “at large” seats. NOW THEREFORE, Be it ordained by the Mayor and Members of Town Council duly assembled; 1. The above recitals are incorporated herein to the same extent as if set out verbatim. 2. The Unified Development Ordinance, Chapter 13, Section 13.3.5(B) is hereby amended so that it will hereafter read: 13.3.5 DESIGN REVIEW BOARD B. Membership: Seven (7) members comprised as follows: 1. One architect or architectural designer; 2. One landscape architect, landscape designer, urban designer or landscape contractor; 3. One civil engineer; 1  4. One commercial developer/contractor; commercial real estate agent, commercial appraiser or a private planning consultant; and 5. The remaining three seats will be “at large.” AND, It is so Ordained! Dated this day of , 2023 A.D. __________________ Ricky Waring, Mayor Town of Summerville ATTEST: ___________________________ Beth Messervy, Town Clerk Public Hearing: __________________ Introduction and First Reading: ____________ Second and Final Reading: _________________ 2  AGREEMENT CONCERNING ELECTRIC SERVICE RIGHTS BETWEEN BERKELEY ELECTRIC COOPERATIVE, INC. AND DOMINION ENERGY SOUTH CAROLINA, INC. This Electric Service Rights Agreement is entered into this ____ day of _________, 2022, by and among Dominion Energy South Carolina, Inc. (“DESC”), Berkeley Electric Cooperative, Inc. (“Berkeley Electric”), and the Town of Summerville (“Town”) (collectively, “Parties”). WHEREAS, DESC has an electric and natural gas franchise agreement with the Town, which became effective on December 3, 1997; and WHEREAS, Berkeley Electric has an electric franchise agreement with the Town; which became effective on January 11, 2012; and WHEREAS, the Town desires to avoid electric service rights disputes between Berkeley Electric and DESC within the Town limits; and WHEREAS, Berkeley Electric and DESC have engaged in a detailed infrastructure and parcel mapping exercise within the Town in an effort to allow both companies to have more certainty in planning to provide electric service and to allow both companies to provide electric service more efficiently and effectively; and WHEREAS, as agreed to by the Parties, the attached Exhibit A is a map of the Town of Summerville with the parcels for which Berkeley Electric is to have electric service rights shaded in green and the parcels for which DESC is to have electric service rights shaded in red; NOW THEREFORE, in consideration of the mutual covenants herein contained, the sufficiency of which is acknowledged, the Parties hereby agree as follows: 1. Berkeley Electric and DESC shall enter into Franchise Agreements with the Town on March 31, 2023, or earlier if the Parties so agree, provided that both Franchise Agreements will be signed on the same day. The Franchise Agreements shall each have the same effective date, shall each be for a specified term of at least twenty (20) years, shall each expire on the same date certain, and shall each omit any provisions allowing for amendment of the term of the Franchise Agreement. Five (5) business days prior to execution of the Franchise Agreements, each Party shall be provided with the final versions of the Franchise Agreements for the purpose of determining compliance with the terms of this Electric Service Rights Agreement. If any Party determines that either Franchise Agreement does not comply with the terms of this Electric Service Rights Agreement, that Party may terminate this 1  Electric Service Rights Agreement at any time prior to execution of the Franchise Agreements. 2. The Parties agree that Exhibit A is a reasonable assignment of the electric service rights to the parcels located within the Town limits and resolves any current and future disputes regarding electric service rights to the parcels. As such, the Franchise Agreements entered into pursuant to Paragraph 1 shall each reference and include as an attachment Exhibit A attached hereto. The Franchise Agreement between DESC and the Town shall provide that DESC has electric service rights to the parcels shaded in red on the attached Exhibit A. The Franchise Agreement between Berkeley Electric and the Town shall provide that Berkeley Electric has electric service rights to the parcels shaded in green on the attached Exhibit A. The Franchise Agreements entered into pursuant to Paragraph 1 need not and shall not include any language indicating the possibility of electric service rights disputes. 3. Upon acceptance by Town Council of both the Franchise Agreement between Berkeley Electric and the Town and the Franchise Agreement between DESC and the Town, DESC shall have electric service rights to the parcels shaded in red on the attached Exhibit A, and Berkeley Electric shall have electric service rights to the parcels shaded in green on the attached Exhibit A. Except as specifically provided in Paragraphs 4, 5, and 6 herein, the service rights designation in the attached Exhibit A shall be the sole determining factor as to whether Berkeley Electric or DESC has the right to serve a building or structure within a particular parcel. 4. The Parties further agree that Berkeley Electric may continue to provide electric service to any building or structure to which it is already providing electric service as of the effective date of the Franchise Agreements until such building or structure is removed, torn down, razed to the ground, or demolished, even if Exhibit A provides electric service rights for the parcel on which the building or structure is located to DESC; and DESC may continue to provide electric service to any building or structure to which it is already providing electric service as of the effective date of the Franchise Agreements until such building or structure is removed, torn down, razed to the ground, or demolished, even if Exhibit A provides electric service rights for the parcel on which the building or structure is located to Berkeley Electric. After any building or structure that is being served by Berkeley Electric or DESC pursuant to the terms of this Paragraph 4 is removed, torn down, razed to the ground, or demolished, the service rights designation in the attached Exhibit A shall be the sole determining factor as to whether Berkeley Electric or DESC has the right to provide electric service to any future replacement building or structure within that parcel. Each Franchise Agreement entered into pursuant to Paragraph 1 shall contain a provision stating as such. 2  5. The Parties further agree that, where any new building or structure is constructed so that part of the building or structure resides on a green parcel of the attached Exhibit A and part of the building or structure resides on a red parcel of the attached Exhibit A, the customer, in its sole discretion, may choose whether Berkeley Electric or DESC provides electric service to such new building or structure. Each Franchise Agreement entered into pursuant to Paragraph 1 shall contain a provision stating as such. 6. The Parties further agree that, upon any future annexation by the Town, Berkeley Electric shall continue to provide electric service to those annexed parcels assigned to it by the Public Service Commission of South Carolina prior to the annexation, and DESC shall continue to provide electric service to those annexed parcels assigned to it by the Public Service Commission of South Carolina prior to the annexation. Each Franchise Agreement entered into pursuant to Paragraph 1 shall contain a provision stating as such. 7. The electric service rights delineated in Exhibit A are in compliance with applicable state law. 8. This Electric Service Rights Agreement will not be amended without the express written consent of all Parties. 9. If the Town Council does not approve both Franchise Agreements entered into pursuant to Paragraph 1, this Electric Service Rights Agreement shall be considered terminated, null and void. Each Franchise Agreement entered into pursuant to Paragraph 1 shall contain a provision stating as such. 10. The Parties agree that the Franchise Agreement that DESC enters into pursuant to Paragraph 1 will be a combination electric and gas Franchise Agreement. IN WITNESS WHEREOF, the duly authorized representatives of the Parties have caused this Electric Service Rights Agreement to be executed on the date first written above. [SIGNATURE PAGE FOLLOWING] 3 TOWN OF SUMMERVILLE ____________________________________________________________ Ricky Waring, Mayor Date DOMINION ENERGY SOUTH CAROLINA, INC. ____________________________________________________________ W. Keller Kissam, President Date BERKELEY ELECTRIC COOPERATIVE, INC. ____________________________________________________________ Michael S. Fuller, President and Chief Executive Officer Date 4 STATE OF SOUTH CAROLINA ) ) )SERVICE AGREEMENT ) COUNTY OF DORCHESTER ) ------------------------------------------------------- This Service Agreement made and entered into by and between the Town of Summerville (hereinafter called the “Town”), a municipal corporation and body politic of the State of South Carolina, and the Summerville Downtown, Restoration, Enhancement And Management (hereinafter called “Dream”). A non-profit organized and existing pursuant to the laws of the Sate of South Carolina. RECITALS WHEREAS, Dream is a year-round service provider that supports the Town of Summerville initiatives in hospitality and accommodations tourism related events, promotions, community enhancements, small business advocacy, retention and recruitment. NOW, THEREFORE, inconsideration of foregoing and terms and conditions set forth in the Service Agreement, the receipt and sufficiency of such consideration being acknowledged by the parties, intending to be legally bound as follows: 1. Recitals. The recitals set forth above are incorporated herein by reference. 2. Length of Term. The Town and Dream acknowledge and agree that this Service Agreement shall be effective January ____, 2023 and terminate in December 31, 2023. It is the intention of the parties that this agreement shall be subject to renewal annually upon approval of the then existing Town Council and Dream Board. 3. Financial Commitment of Town. Town and Dream acknowledge and agree that as consideration for Dream’s commitments herein, the Town Agrees to pay Dream ONE HUNDRED THIRTY-FIVE THOUSAND ($135,000) DOLLARS by January 20, 2023. 4. Performance Obligation of Dream. Town and Dream acknowledge ad agree that Dream shall provide the following services in exchange for the considerations set forth herein: a. DREAM will provide an annual priority action items of “body of work” plan to the council that highlights goals, business needs and action items. All action items and services will be coordinated with the Town Administration. Such action items may include some, or all the following: b. Event Portfolio Development & Management i. Continue annual Third Thursday “street fair” (12) throughout the year 1  ii. Continue (3) large scale events including; Annual Summerville Christmas Parade, Sweet Tea Festival and Annual Community Partner Meeting. iii. Development of quarterly Prominent Events that feature expanded Third Thursday events and community outreach iv. Expand quarterly Business Outreach Events modest/moderate events v. Management and Development of the Summerville Farmers Market c. Economic Vitality & Advertisement Expansion i. Development and management of small business resources designed to assist with recruitment and retention of emerging entrepreneurs and established businesses. ii. Development and management of downtown business DREAM Marketing Services. iii. Research and development of additional events to improve Summerville tourism market base. iv. Provide communication assistance as business liaison between businesses and town administration. d. Goals not Commitments. The parties acknowledge that these items in Paragraph 4 are goals and actual performance will be based upon coordination between the Town Administrator and the DREAM Executive Director as may be directed by Town Council and/or the Dream Board. e. Additional Expanded Services Not included in this Service Agreement i. Summerville DREAM and Town Administration with Council oversight will continue to explore additional services and business opportunities. Negotiated terms and conditions will be reviewed and processed accordingly. 5. Final Agreement. The Service Agreement represents the Final Agreement between the parties regarding the subject matter hereof. No amendment of modification hereto shall be valid ad binding, unless expressed in writing and executed by both parties hereto. 6. Severability. If any provisions of this Service Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Service Agreement shall nonetheless remain in full force and effect. 7. Force Majeure. The parties acknowledge that the non-financial commitments of the parties are to be performed on a “best efforts” basis. Circumstances and events beyond the parties’ 2  control, including inclement weather, public health events, civil unrest, and other events may affect and excuse actual performance without creating a breach of this Service Agreement. 8. Applicable Law. This Service Agreement is enforceable in Dorchester County, State of South Carolina and pursuant to the substantive laws of the State of South Carolina. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 3 IN WITNESS WHEREOF, the parties have executed this SERVICE AGREEMENT on the _____ day of January, 2023. WITNESSES TOWN OF SUMMERVILLE _______________________ by: ________________________ Mayor _______________________ WITNESSES DREAM _______________________ by: ________________________ Board Chair _______________________ 4 Saul Alexander Playground