Town Council

TOWN of SUMMERVILLE, sc Town Council Meeting Council Chambers - Annex Building – 200 South Main Street Thursday, December 14, 2023 - 6:00 p.m. AGENDA 1. Call to Order 2. Invocation and Pledge of Allegiance - Councilmember Terry Jenkins 3. Proclamation Presentation 4. Employee Length of Service Awards and Special Recognition 5. Approval of Minutes of Previous Meetings a. Town Council Meeting – November 9, 2023 b. Special Called Council Meeting – November 28, 2023 c. Standing Committee Meetings – December 11, 2023 6. Public Comment – For items on the December 14, 2023 Town Council agenda only Public comments may not be used for political purposes. It is a violation of State Law. See S.C. Code Ann. § 8-13-765. 7. Petitions: a. Petition by Shannon E. & Cameron M. Lines et. al. to annex TMS# 145-08-00-022, located at the end of W. Smith Street, and totaling approximately 13.5 acres. Currently zoned TRM, Transitional Residential, in Dorchester County and will be zoned MF-R, Multi- family Residential, upon annexation into the Town of Summerville’s municipal limits. (Council District 3) Planning Commission held a public hearing and made a recommendation for denial at their meeting on November 20, 2023. Planning and Development Committee voted to move the item to full Council with no recommendation at their meeting on December 11, 2023. Meetings are livestreamed at www.summervillesc.gov Town Council Agenda – December 14, 2023 8. Pending Bills and Resolutions a. Second and final reading of an ordinance to rezone TMS#137-09-01-010, located at 733 Central Avenue, totaling approximately 0.23 acres, and owned by Jeanne Clark Hagood, from GR-5, General Residential (5 units/acre), to N-B, Neighborhood Business. (Council District 1) b. Second and final reading of an ordinance to amend the Summerville Unified Development Ordinance (UDO) Chapter 13 – Administration & Procedures, Section 13.3.3 – Board of Zoning Appeals. c. Second and final reading of an ordinance to amend the Town of Summerville Code of Ordinances, Chapter 20, Planning and Development, Article III, Development Standards, Section 20-72, Bicycle and Pedestrian Advisory Committee. d. Second and final reading of an ordinance to amend Chapter 24 - Streets, Sidewalks, and other Public Places, Article I, Section 24-2, to add a new section so as to provide that the Summerville Police Department and/or the Summerville Fire Department may, with the approval of Council, place signage on Town maintained roads regulating and restricting parking and the flow of traffic. e. Second and final reading of an ordinance to amend the Town of Summerville Code of Ordinances by amending Chapter 2, Article II, Division 4, Section 2-132 (B) to provide the remaining Standing Committees of Council shall be selected by the Mayor and to correct that the Finance Committee is not included in the remaining committees. f. Second and final reading of ordinance to amend Chapter 2, Article II, Division 3, by adding a new section 2-108 to provide for a Sergeant-at-Arms. 9. Introduction of Bills and Resolutions – a. First reading of an ordinance to amend Chapter 16, Article I, by adding a new section, 16-18 – Encampments on Public Property b. First reading of an ordinance to amend Chapter 16, Article I, by adding a new section 16-19 – Blocking or Interfering with Traffic Upon a Sidewalk c. First reading of an ordinance to amend Chapter 16, Article I, by adding a new section, 16-20 – Rummaging, Scattering, and Scavenging Through Solid Waste Containers Prohibited d. First reading of an ordinance to amend Chapter 16, Article I, by adding a new section, 16-21 – Public Urination and Defecation Prohibited 10. Miscellaneous a. Discussion of stop sign on West Carolina Avenue b. Authorization for Chief Wright to enter into a Memorandum of Understanding with Myrtle Beach Police Department. c. Consideration of accepting a Quit Claim Deed from SCDOT for a tract of land adjacent to the BGM Parkway containing 47.441 acres d. Authorization for Town Administrator to Execute an Agreement with Tetra Tech for Debris Monitoring Services Meetings are livestreamed at www.summervillesc.gov Town Council Agenda – December 14, 2023 e. Authorization for Town Administrator to Execute an Agreement with Summerville DREAM. f. Discussion and consideration of funding for Sculpture in the South 11. Public Comment - Any topic Public comments may not be used for political purposes. It is a violation of State Law. See S.C. Code Ann. § 8-13-765. 12. Executive Session: Personnel and legal matters a. Personnel matter related to citizen committees, commissions, and boards b. Personnel Matter Related to Town Engineer Position c. Personnel Matter Related to Victim Advocate Position d. Legal Matters Related to Pending Court Citation 13. Other Business a. Action to be taken by Council related to Executive Session 14. Adjourn 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 Town of Summerville COUNCIL MEETING MINUTES November 9, 2023 ATTENDANCE Present: Mayor Ricky Waring, Councilmembers Kima Garten-Schmidt, Bob Jackson, Aaron Brown, and Russ Touchberry. Councilmember Terry Jenkins 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, November 9, 2023. Councilmember Kima Garten-Schmidt gave the invocation, followed by the Pledge of Allegiance. PROCLAMATION PRESENTATIONS Mayor Waring presented proclamations for Native American Heritage Month and Small Business Saturday. APPROVAL OF MINUTES OF PREVIOUS MEETINGS Mr. Jackson made a motion, seconded by Mr. Brown, to accept the minutes from the October 12, 2023 Council meeting, the October 30, 2023 Special Council meeting, and the Standing Committee meeting minutes from November 6, 2023. The motion carried unanimously, and the minutes were accepted into record. PUBLIC COMMENT – NOVEMBER 9, 2023 AGENDA ITEMS Mayor Waring opened the floor for public comment on items on the November 9, 2023 agenda. There being no comments, Mayor Waring closed this part of the meeting. Town Council Meeting Minutes – November 9, 2023 Page 2 PETITIONS n/a PENDING BILLS AND RESOLUTIONS Mr. Brown made a motion, seconded by Mr. Touchberry, to give second and final reading of an ordinance to annex TMS# 136-07-02-003, located at 1227 Central Avenue, and totaling approximately 1.3 acres. Currently zoned R-1, Single-Family Residential, in Dorchester County and will be zoned N-B, Neighborhood Business, upon annexation into the Town of Summerville’s municipal limits. (Council District 1) The motion carried unanimously. Mr. Touchberry made a motion, seconded by Ms. Garten-Schmidt, to give second and final reading of an ordinance to annex TMS#s 145-03-01-005, -006, and -009, located at 207 and 209 Garbon Drive, and totaling approximately 3.2 acres. Currently zoned R-1(M)(A), R-1, and TRM, respectively, in Dorchester County and will be zoned GR-5, General Residential, upon annexation into the Town of Summerville’s municipal limits. (Council District 3). Some discussion followed. The motion carried 5-0, with Mr. Jackson recusing himself from the vote. Ms. Garten-Schmidt made a motion, seconded by Mr. Jackson, to give second and final reading of an ordinance to amend the ordinances of the Town of Summerville, Chapter 16, Section 16- 17: Peddlers, charitable solicitors, buskers and panhandlers, by adding a new section (b)(3) to prohibit solicitation in roadway medians and to correct the spelling of “publicly” in sections (a)(2) and (h)(3). The motion carried unanimously. Mr. Touchberry made a motion, seconded by Mr. Brown, to give second and final reading of an ordinance to amend Chapter 2, Article V, Division 2- Purchasing, by: amending Section 2-321 (1) & (5) to coordinate Town purchases and work with Department Heads to obtain the most competitive price; amending Section 2-322 to increase the purchasing limits of Department Heads, Division Heads and Town Administrator; to designate persons to authorize contracts; to provide a functional methodology for contract change orders; amending Section 2-323 to increase procurement levels and process; to add a new section to govern request for proposals; to add a new section to govern request for qualifications; amending Section 2-324 to increase the level for which competitive bidding is required; to revise the exception methodology; to define professional services; amending Section 2-326 to provide responsibility to the bidder to obtain local vendor status; amending Section 2-327 to clarify appeals may be made to the Court of Common Pleas, First Judicial Circuit, St. George, SC.; and to delete Section 2-328 in its entirety. Some discussion followed. The motion carried unanimously. INTRODUCTION OF BILLS AND RESOLUTIONS Mr. Brown made a motion, seconded by Mr. Touchberry, to give first reading of an ordinance to rezone TMS#137-09-01-010, located at 733 Central Avenue, totaling approximately 0.23 acres, and owned by Jeanne Clark Hagood, from GR-5, General Residential (5 units/acre), to N-B, Neighborhood Business. (Council District 1). The motion carried unanimously. Town Council Meeting Minutes – November 9, 2023 Page 3 Mr. Jackson made a motion, seconded by Ms. Garten-Schmidt, to give first reading of an ordinance to amend the Summerville Unified Development Ordinance (UDO) Chapter 13 – Administration & Procedures, Section 13.3.3 – Board of Zoning Appeals. The motion carried unanimously after some discussion. Mr. Touchberry made a motion, seconded by Mr. Jackson, to give first reading of an ordinance to amend the Town of Summerville Code of Ordinances, Chapter 20, Planning and Development, Article III, Development Standards, Section 20-72, Bicycle and Pedestrian Advisory Committee. The motion carried unanimously. Mr. Jackson made a motion, seconded by Mr. Brown, to give first reading of an ordinance to amend Chapter 24 - Streets, Sidewalks, and other Public Places, Article I, Section 24-2, to add a new section so as to provide that the Summerville Police Department and/or the Summerville Fire Department may, with the approval of Council, place signage on Town maintained roads regulating and restricting parking and the flow of traffic. The motion carried unanimously. MISCELLANEOUS Fire Chief Brent Melcher stated that on the occupancy issue at the Summerville High School football stadium, he met with the school district to get on the same page. Chief Melcher reported that the new occupancy for the stadium is 5,595 people, based on measurements taken after the football game when the gates were shut early. The Fire Marshal’s report stated that adding a double-gate and clear egress paths will help with the crowd control and flow of the crowd. The report also stated that there should be personnel at each gate counting people coming in. Dorchester School District 2 will report ticket sales at 4pm on the Friday of the game. Mr. Touchberry thanked the Fire Chief and Police Chief for making public safety a priority. Chief Wright reported that from the settlement from the opioid class action law suit, the Police Department is requesting an Opioid Education Coordinator, funded by the settlement. He stated that the Coordinator will be school-based and youth-based, engaging in non-profits, and doing public education on calls. Chief reported that the coordinator would be assigned to the crisis intervention team. Mr. Jackson made a motion, seconded by Mr. Touchberry, to approve the site plan for the changes to 823 W. 5th North Street, Dorchester County Coroner’s Office (Zoned PL). The motion carried unanimously. Mr. Jackson made a motion, seconded by Mr. Touchberry, to approve the lease with Vantage Financial in the annual amount of $98,998.00 at $7,833.17 per month requested by Summerville Police Department. The motion carried unanimously. PUBLIC COMMENTS (open) Mayor Waring opened the floor for public comments on any topic. There being none, Mayor Waring closed this part of the meeting. Town Council Meeting Minutes – November 9, 2023 Page 4 EXECUTIVE SESSION: Mr. Jackson made a motion, seconded by Mr. Brown, to enter into Executive Session to discuss the following: • Contractual matter related to potential economic development incentive agreement for Project Bonaire. • Legal matter regarding condemnation on a portion of TMS# 130-13-00-018 for a Dominion Energy 10 ft. right of way, owned by Willie Limehouse and a portion of TMS# 130-10-00-068 for a Dominion Energy 10 ft. right of way owned by Thomas A. Limehouse, both of which are necessary for the Maple Street Project. The motion carried, and Council entered into Executive Session at 6:40pm Council reconvened at 6:52pm. Town Attorney GW Parker stated that Council met in Executive Session to discuss the following, and that no action was taken in Executive Session on the items: • Contractual matter related to potential economic development incentive agreement for Project Bonaire. • Legal matter regarding condemnation on a portion of TMS# 130-13-00-018 for a Dominion Energy 10 ft. right of way, owned by Willie Limehouse and a portion of TMS# 130-10-00-068 for a Dominion Energy 10 ft. right of way owned by Thomas A. Limehouse, both of which are necessary for the Maple Street Project. OTHER BUSINESS: Mr. Jackson made a motion, seconded by Ms. Garten-Schmidt, to authorize an Economic Development Incentive Agreement for Project Bonaire. The motion carried 4-0, with Mr. Touchberry recusing himself from the vote, and Mr. Jenkins being absent from the meeting. Mr. Jackson made a motion, seconded by Ms. Garten-Schmidt, to authorize the Town Attorney to pursue condemnation of a portion of TMS# 130-13-00-018 for a Dominion Energy 10 ft. right of way, owned by Willie Limehouse and a portion of TMS# 130-10-00-068 for a Dominion Energy 10 ft. right of way owned by Thomas A. Limehouse, both of which are necessary for the Maple Street Project. The motion carried unanimously. ADJOURN: Mr. Jackson made a motion, seconded by Ms. Garten-Schmidt, to adjourn the meeting. The motion carried unanimously, and Mayor Waring adjourned the meeting at 6:54pm. Respectfully Submitted, APPROVED: Beth Messervy, Town Clerk Ricky Waring, Mayor  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 Richard G. Waring, IV Town of Summerville SPECIAL COUNCIL MEETING November 28, 2023 ATTENDANCE Present: Mayor Ricky Waring, Councilmembers Bob Jackson, Aaron Brown, Russ Touchberry Terry Jenkins, Richard Waring, and Kima Garten-Schmidt. Also in attendance were Town Administrator Lisa Wallace and Town Attorney GW Parker. A quorum was met. Public and press were duly notified. The meeting took place in Council Chamber in the Annex building at 200 South Main Street, Summerville, SC 29483. CALL TO ORDER: Mayor Ricky Waring called the meeting to order at 4:00pm on Tuesday, November 28, 2023. ORDINANCES AND RESOLUTIONS Mr. Jenkins made a motion, seconded by Mr. Brown, to give first reading to an ordinance to amend the Town of Summerville Code of Ordinances by amending Chapter 2, Article II, Division 4, Section 2-132 (B) to provide the remaining Standing Committees of Council shall be selected by the Mayor and to correct that the Finance Committee is not included in the remaining committees. The motion carried 5-0, with Mr. Touchberry recusing himself; Mr. Jackson was not present for the vote. Mr. Jenkins made a motion, seconded by Mr. Touchberry, to give first reading to an ordinance to amend Chapter 2, Article II, Division 3, by adding a new section 2-108 to provide for a Sergeant- at-Arms. Some discussion followed. The motion carried unanimously 7-0. Mr. Jenkins made a motion, seconded by Mr. Jackson, to adopt a resolution to declare April 2, 2024 as the date of the Special Election to fill the vacancy in Council District 3 (vacancy effective January 3, 2024), with the filing period running from 12pm on January 19, 2024 until 12pm on January 30, 2024. The motion carried unanimously. 200 South Main Street, Summerville, SC 29483 843-871-6000 www.SummervilleSC.gov ADJOURN There being no further business, the meeting was adjourned by Mayor Waring at 4:05pm on motion of Mr. Jenkins, and seconded by Mr. Richard Waring. The motion carried unanimously. Respectfully Submitted, APPROVED: Beth Messervy, Town Clerk Ricky Waring, Mayor  PLANNING AND DEVELOPMENT COMMITTEE REPORT for December 11, 2023 5:30 PM The Planning and Development Committee of Town Council met on December 11, 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 5:30 PM. Annexation: Ms. Shuler introduced petition by Shannon E. & Cameron M. Lines et. al. to annex TMS# 145-08-00-022, located at the end of W. Smith Street, and totaling approximately 13.5 acres. Currently zoned TRM, Transitional Residential, in Dorchester County and will be zoned MF-R, Multi-family Residential, upon annexation into the Town of Summerville’s municipal limits. (Council District 3). She stated that the Planning Commission held a public hearing and made a recommendation for denial at their meeting on November 20, 2023. Mr. Jackson expressed concern about the proposed development having only one egress and about public safety response as the nearest fire station is about three miles away, which would be unacceptable. Mr. Touchberry asked if police and fire had weighed in on the request, and Ms. Shuler stated that the Fire Marshal reviewed the plans at TRC, but the Police and Fire Chiefs had not. Mr. Touchberry made a motion to send the item to full Council with no recommendation to allow public safety to review the request, and Mr. Jackson made the second. Mr. Jenkins called for the question, and the motion passed unanimously. Wayfinding signage: Ms. Shuler explained that in 2020/2021 the Town hired the firm Merje to develop wayfinding signage for the Town. A final design was developed, but the Town did not commit the funding to have the signs designed and installed. When the Town discovered that Dorchester County was also working on an “identity” for the Oakbrook area, we asked them to incorporate the artwork/design we had already finalized to “marry” their design with ours. Dorchester County has completed their design, and staff would like Council’s feedback on the suggestions that staff has regarding Dorchester’s design, which will be installed in the Oakbrook area using funds from the Oakbrook TIF. There was some discussion about the Oakbrook logo and the colors used, and Ms. Shuler confirmed that all the signs would have green as the main background color, but the bottom color would change depending on the area of Town. It was also confirmed that Dorchester County Council had already approved the Oakbrook logo. She noted no motion is needed if there are no major objections to staff’s suggestions. The Committee members agreed that they had no major objections. Following no additional business or discussion, the meeting was adjourned at 5:42 PM on a motion by Mr. Touchberry, and a second by Mr. Jackson. Respectfully submitted, Jessi Shuler, AICP December 12, 2023 Director of Planning 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 Richard G. Waring, IV Town of Summerville PUBLIC WORKS AND COMMITTEE ON WATER SUPPLY December 11, 2023 The Public Works and Committee on Water Supply met on Monday, December 11, 2023 in Council Chambers at 200 South Main Street. Chairperson Kima Garten-Schmidt called the meeting to order at 5:42pm. Committee members Kima Garten-Schmidt, Richard G. Waring, IV, and Russ Touchberry were present, as well as Bonnie Miley, Interim Director of Public Works. The public and press were duly notified, and the meeting was livestreamed from the Town’s website. Item A: Mr. Touchberry made a motion, seconded by Mr. Waring, IV, to table the item of consideration of stop signs on King Charles Circle in Newington Plantation so that staff could look at the street and come up with a proposal for traffic calming stop signs. The motion carried unanimously. Item B: Ms. Miley reported that the SCDOT has 47 acres of land that borders Phase 3 of the Berlin G. Myers Parkway that they would like to quit claim to the Town. Mr. Touchberry made a motion, seconded by Mr. Waring, IV, to forward the item to full Council with a recommendation for approval. The motion carried unanimously. Item C: Mr. Touchberry made a motion, seconded by Mr. Waring, IV, to reduce the speed limit on Waring Street from 25mph to 15mph from Simmons Avenue to Noisette Row. The motion carried unanimously. Mr. Touchberry made a motion, seconded by Mr. Waring, IV., to adjourn the meeting. The meeting adjourned at 5:46pm with a unanimous vote. Respectfully submitted, __________________________ Beth Messervy, Town Clerk  TOWN of SUMMERVILLE, SC FINANCE COMMITTEE REPORT December 11, 2023 The Finance Committee met on Monday, December 11, 2023. Present were Mayor Waring and Committee members Bob Jackson, Richard G. Waring, IV, Aaron Brown, Kima Garten-Schmidt, Russ Touchberry 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 5:48pm. Presentation of Finance Director Rhonda Moore presented the November 2023 financial statements. Financial Statements Surplus Mr. Brown made a motion, seconded by Mr. Jackson, to surplus and sell the Vehicles Planning Department’s 2004 Chevy Impala, vehicle PL102. The motion carried unanimously. Executive Mr. Jenkins made a motion, seconded by Mr. Touchberry, to enter into Executive Session Session to discuss a contractual matter related to the annual contract renewal with Summerville DREAM. The motion carried unanimously, and the Finance Committee entered into Executive Session at 5:53pm. The Committee reconvened at 6:27pm. Town Attorney GW Parker stated that the Finance Committee met in Executive Session to discuss a contractual matter related to the annual contract renewal with Summerville DREAM. No action was taken in Executive Session. Other Business N/A Adjourn Mr. Jenkins made a motion, seconded by Mr. Waring, IV, to adjourn the meeting. The motion carried unanimously, and the meeting adjourned at 6:28pm. 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 SHANNON E. & CAMERON M. LINES, ADJACENT TO THE BOUNDARY LINE OF THE TOWN, AS DESCRIBED ON THE DEED AND PREPARED PLAT ATTACHED HERETO AND INCORPORATED BY REFERENCE: WHEREAS, the owner of the real estate designated as Dorchester County TMS #145-08-00-022, located at the end of W. Smith Street and totaling approximately 13.5 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 prepared 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 MF-R “Multifamily Residential” and be classified as “Multifamily Residential” under the Zoning Ordinance of the Town of Summerville. Ratified this _______ day of ____________, 2024 A.D. Russ Touchberry, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: _______November 20, 2023___ FIRST READING: _____ ________ ___________ SECOND READING: ________ _____________  Annexation and Zoning to MF-R Co o St sa w it h at ch Sm ie W St r kD roo nB Cr ge ato id r B er Ke n Ln Aa dl ro n an Ln Ch S u b u rb a r kD roo n nB tt L B o nn ie L ato n Ba i l e y D Wy a r Ke M arie Ln M ile s Ja m y Dr Bral is on 11/9/2023 R d 1:6,762 0 0.05 0.1 0.19 mi Zoning Districts Summerville Parcels-Copy Null AC Dorchester Parcels 0 0.07 0.15 0.3 km PUD PL HI Annexation Request Esri Community Maps Contributors, City of Charleston, Charleston County GIS, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GR-5 LI Summerville Parcels  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 0.23 acres owned by Jeanne Clark Hagood located at 733 Central Avenue and known as Dorchester TMS# 137-09-01-010 be rezoned to the classification of N-B “Neighborhood Business” from the classification of GR-5 “General Residential (5 units/acre)” 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: October 16, 2023 FIRST READING: ______________ SECOND READING: _____  AN ORDINANCE TO AMEND THE SUMMERVILLE UNIFIED DEVELOPMENT ORDINANCE, CHAPTER 13, SECTION 13.3.3, BOARD OF ZONING APPEALS, SUBSECTION D, DECISIONS, OF THE TOWN OF SUMMERVILLE CODE OF ORDINANCES BE IT ORDAINED by the Mayor and Council members of the Town of Summerville, in Council assembled, that the Summerville Unified Development Ordinance, Section 13.3.3, Board of Zoning Appeals, Subsection D, Decisions is amended to read as follows: 13.3.3 BOARD OF ZONING APPEALS D. Decisions: 1. The concurring vote of three a majority of the members present of the Board of Zoning Appeals shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which it is required to pass under this section or to affect any variation of this section. 2.1. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact in writing prior to the meeting, and shall keep records of its examination and other official actions, all of which shall be filed in the office of the Board and shall be a public record. 3.2. On all appeals, applications and other matters brought before the Board of Zoning Appeals, the Board shall inform by a certified letter all the parties involved of its decision(s) and the reasons for such decision(s). Ratified this day of , 2023 A.D. Ricky Waring, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: _________________ FIRST READING: _____________________ SECOND READING: __ ___________  AN ORDINANCE TO AMEND CHAPTER 20, PLANNING AND DEVELOPMENT, ARTICLE III, DEVELOPMENT STANDARDS, SECTION 20-72 BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE, SUBSECTION (C) ORGANIZATION, ITEM (8) ENTITLED TERMS OF MEMBERSHIP, OF THE TOWN OF SUMMERVILLE CODE OF ORDINANCES BE IT ORDAINED by the Mayor and Council members of the Town of Summerville, in Council assembled, that Chapter 20, Planning and Development, Article III, Development Standards, Section 20-72 entitled Bicycle and pedestrian advisory committee, subsection (c) Organization, item (8) entitled Terms of Membership is amended as follows: Sec. 20-72. Bicycle and pedestrian advisory committee. (c) Organization (8) Terms of membership. The original terms of three members, to be appointed by the mayor subject to the approval of town council, shall expire at the first meeting of town council in January 2011; and the original terms of the remaining four members shall expire at the first meeting of town council in January 2012. Terms for other than original appointees shall be for two three years. Members of the committee filling a vacancy shall serve for the balance of the unexpired term. Ratified this day of , 2023 A.D. Ricky Waring, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: ___________________ FIRST READING: _____________________ SECOND READING:  ORDINANCE TO AMEND CHAPTER 24 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, ARTICLE I, SECTION 24-2 TO ADD A NEW SECTION SO AS TO PROVIDE THAT THE SUMMERVILLE POLICE DEPARTMENT AND/OR THE SUMMERVILLE FIRE DEPARTMENT MAY, WITH THE APPROVAL OF COUNCIL, PLACE SIGNAGE ON TOWN MAINTAINED ROADS REGULATING AND RESTRICTING PARKING AND THE FLOW OF TRAFFIC. Whereas, with the popula�on growth of the Town and the concurrent increase of traffic, parking has become a problem in that Police and Fire Department personnel have limited access to residen�al homes and commercial businesses, and Whereas, this problem is further compounded by the fes�vals and parades held during the year, and Whereas, signage is necessary to ensure residents and businesses have access to their proper�es as well as access by the Summerville Police and Fire Departments. 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. Town Ordinance Chapter 24, Article I, Sec. 24-2 is hereby amended by adding a new Section 24-(b): The Summerville Police Department and/or the Summerville Fire Department may, with the approval of Town Council, place signage on Town maintained roads regulating and restricting parking and the flow of traffic. AND, IT IS SO ORDAINED! Dated this day of , 2023 A.D. ____________________________________ Ricky Waring, Mayor Town of Summerville ATTEST: ___________________________ Beth Messervy, Town Clerk First Reading: _____________ Second Reading: _________________  ORDINANCE TO AMEND THE TOWN OF SUMMERVILLE CODE OF ORDINANCES BY AMENDING CHAPTER 2, ARTICLE II, DIVISION 4, SECTION 2-132 (B) TO PROVIDE THE REMAINING STANDING COMMITTEES OF COUNCIL SHALL BE SELECTED BY THE MAYOR AND TO CORRECT THAT THE FINANCE COMMITTEE IS NOT INCLUDED IN THE REMAINING COMMITTEES WHEREAS, historically Standing Committee Members were selected by the Mayor, and WHEREAS, it is the desire of Council to return to the practice of having the Mayor select Standing Committee Members. 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. Town Ordinance Chapter 2, Article II, Division 4, Sec. 2-132 (b) is hereby amended so that it will hereafter read: The remaining standing committees of the council shall be selected by the Mayor at the regular January meeting of the council following each municipal election to serve for a period of two years or until a vacancy occurs. Vacancies shall be filled by appointment by the Mayor. The remaining standing committees of the town council shall be the planning committee, the public works and committee on water supply, the public safety committee, and the parks and recreation committee. AND, IT IS SO ORDAINED! Dated this day of , 2023 A.D. ____________________________________ Ricky Waring, Mayor Town of Summerville ATTEST: ___________________________ Beth Messervy, Town Clerk First Reading: _____________ Second Reading: ___________  ORDINANCE AN ORDINANCE TO AMEND CHAPTER 2, ARTICLE II, DIVISION 3 BY ADDING A NEW SECTION 2-108 TO PROVIDE FOR A SERGEANT-AT-ARMS Whereas, the Code of Ordinances for the Town of Summerville do not provide for a Sergeant-At-Arms, and Whereas, a Sergeant-At-Arms is necessary to preserve the peace, civility and order at mee�ngs of Council and its Standing Commitees, and Whereas, the Summerville Police Chief and or his designated Summerville Police Officer is always present at Council and Standing Commitee Mee�ngs. 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. Town Ordinance Chapter 2, Article II, Division 3, is hereby amended to add a new Section 2-108 which will read as follows: The Chief of Police or his appointed Summerville Police Officer is hereby designated as the Sergeant-At-Arms and will be present at all meetings of Town Council and its Standing Committees, and he or she shall maintain order at such meetings and execute the orders of the Council or Presiding Officer as given. AND, IT IS SO ORDAINED! Dated this day of , 2023 A.D. ____________________________________ Ricky Waring, Mayor Town of Summerville ATTEST: ___________________________ Beth Messervy, Town Clerk First Reading: _____________ Second Reading: ___________  ORDINANCE AN ORDINANCE TO AMEND CHAPTER 16, ARTICLE 1 BY ADDING A NEW SECTION 16-18 – ENCAMPMENTS ON PUBLIC PROPERTY Whereas, the Council finds that the Town is committed to protecting the life, health, and safety of all people in the Town and finds that certain public lands within the geographical boundaries of the Town pose significant health and safety hazards to the people who make shelter or stay overnight in these areas, and Whereas, the Council finds that some of these public lands are environmentally sensitive and may be significantly damaged by unregulated human activity, and Whereas, Council is committed to protecting the rights of individuals related to their personal property and to treating such property with respect and consideration, and Whereas, it is the purpose of this new Section to set standards for the preservation and protection of human life, health, and safety, to further the preservation and protection of sensitive public lands to prevent destruction of these assets, and to establish a process for the collection, storage, and disposal, recycling, or reuse of personal property found in encampments on public property. 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. Town Ordinance Chapter 16, Article 1, is hereby amended by adding a new Section 16-18 that will hereafter read: Sec. 16-18 Encampments on Public Property (a) Definitions For purposes of this Section, defined terms appear in italics. The following definitions apply in this Section: Abatement means the process of documenting and collecting eligible items for storage, and removing and disposing of, recycling, or reusing of waste at an encampment. 1  Camp means to pitch, erect, or occupy an encampment, or to use camp paraphernalia or both, for the purpose of, or in a way that facilitates outdoor sheltering for living accommodation purposes or for remaining outdoors overnight. Camp paraphernalia means personal property used to facilitate occupancy of an area and includes personal property typically associated with camping such as tarps, cots, beds, sleeping bags, hammocks, bedding, camp stoves, cooking equipment, buckets, and similar equipment, mattresses, couches, dressers, or other furniture. Encampment means one or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner. Encampment includes any camp paraphernalia and personal property associated with or located in or around the structures or tents. Open spaces are areas of protected or conserved land on which development is indefinitely set aside. Parks are those locations owned, operated and maintained by the Town for the purpose of recreational activity. Public property is defined as property owed by the Town of Summerville within its municipal limits. Shelter means any Private funded, Town-funded shelter or shelter provided as part of the Town's Coordinated Intake System for shelter placements where individuals or families experiencing homelessness can access beds and other services, or an area designated by the Town Administrator for use by individuals or families experiencing homelessness. Waste are items with properties that make it dangerous or capable of having a harmful effect on human health or the environment. Waterway means all the portions of the Sawbranch Canal, Ashley River or other bodies of water found within the boundaries of the Town of Summerville. (b) Protection of Waterways- It is unlawful for any person to do any of the following: (1) build or erect a structure of any type along the banks of any waterway, or drive a nail or other object into any tree or other natural area vegetation for the purpose of building an encampment or any other structure, or to affix an object to any tree or other natural vegetation, 2  (2) move boulders or large rocks, destroy vegetation, paved roads or paths created by the Town, or otherwise reconfigure the natural landscape in the waters of or along the banks of a waterway, (3) drive, park, or bring any vehicle along the banks of a waterway, except in places specifically provided and designated for vehicular use, (4) dig on the banks of a waterway, or (5) discharge or store waste, including garbage, refuse, or human or animal waste, along the banks or into the waters of a waterway. (c) Unauthorized Encampments on Public Property (1) It is unlawful for any person to camp or to maintain an encampment in or upon any public property, including in any street, sidewalk, park, open space, water- way, and banks of a waterway, unless specifically authorized by the Town. (d) Abatement of Encampments- The Town may remove personal property, camping paraphernalia, and all other property, contraband, litter, and waste found at an encampment or at a location where a person is engaged in unlawful camping in compliance with the following procedures: (1) Written Notice Required Prior to Abatement a. A written Notice of Clean-Up will be posted on each tent or structure and in any other distinct areas of the encampment providing notice of the date of clean-up and giving a minimum of 24 hours for persons to remove their personal property. The written notice shall also include the following statement, which may be updated by the Town to provide accurate and current information: You must remove your belongings from the site within 24 hours. You should not leave behind any belongings you want to keep. All belongings left behind will be removed by the Town. The Town will post an Impound Notice if belongings are stored during the clean-up process. If you wish to minimize the risk of losing valued belongings, you should try to keep those belongings on your person at all times, in a storage facility, or in visible, sanitary, and safely accessible bags or bins. 3  If you think your belongings were stored, you can claim them by following the directions on the Impound Notice after the clean-up is complete. Information about how to claim your belongings is also available on the Town’s website. b. After 24 hours, the Town shall conduct abatement of the site on the date posted on the Notice of Clean-Up. If abatement is delayed or rescheduled, the Town may conduct abatement within 48 hours of the posted Notice of Clean-Up without reposting a new Notice of Clean-Up. If abatement is delayed longer, the Town shall repost a Notice of Clean-Up with a new date. (2) The Town shall follow these additional procedures when persons are present at an encampment during abatement: a. When shelter is available, the Town shall provide any person at an encampment with shelter and service information and direct them to remove their belongings from the site. The Town shall evaluate reasonable requests for additional time or assistance to remove items and may accommodate those requests to the extent practicable. b. Any person who returns to an encampment during abatement shall be allowed to remove their personal property from the site. Personal property left behind will be deemed abandoned. c. Any person arrested for a criminal offense or an outstanding warrant shall not be required to abandon personal property they identify as their own. Unless the person requests the personal property be discarded or entrusted to another, all personal property of apparent value will be taken to the Summerville Police Department for impound in accordance with existing policy and procedure. Where the owner of the items cannot be readily identified or discovered, the Town shall follow the abatement process section. (3) The Town shall document the abatement process as follows: a. photograph or video record the site before any abatement begins, b. open backpacks, purses, suitcases, and other small storage containers to determine whether they contain items eligible for storage, c. set out items contained in bags or suitcases and photograph the items, 4  d. photograph or video record all items to be stored, e. photograph or video record the cleanup process, and f. photograph or video record the site after abatement has concluded. (4) Unclaimed items found in abatement shall be eligible for storage if: a. circumstances indicate that the item belongs to a person, b. the item has apparent utility in its current condition and circumstances, and c. the item can be safely retrieved from the site. Examples of items potentially eligible for storage include identification and associated paperwork, medication stored in medication bottles with identifying information, art, art supplies, musical instruments, and items that reasonably appear to have sentimental value in their current condition. An item need not be in a new or perfect condition to have apparent utility. (5) An eligible item found during an abatement shall be put into storage, unless it meets one the following disqualifying conditions: a. hazardous, including items contaminated with human waste, animal waste, or bugs, explosives, weapons, liquids, drug paraphernalia, or mold; b. likely to become hazardous in storage, including perishables, wet materials that might become moldy, and items covered in mud; c. practically un-storable, due to large size, weight, or other similar characteristic; d. contraband or stolen; or e. is on the Town's current list, published on the Town’s website, of common types of items that, in the experience of Town staff, individuals regularly abandon during abatement, and there is no contrary indication as to the specific item. 5  (6) The Town shall record each eligible item to be stored, including the location it was found and the date of storage. Any stored items shall be kept in storage at least thirty (30) calendar days and then may be disposed of, recycled, or reused. (7) After abatement has concluded and when eligible items are collected and will be placed in storage, the Town shall post notices at the location of the abatement that includes information how a person can claim stored items. Information about retrieval of stored items shall also be available on the Town’s website. A person may retrieve stored items based on a description with sufficient specificity to demonstrate ownership. (8) Expedited Abatement a. In an expedited abatement, the Town shall follow the same abatement and storage procedures in the previous section, but shall post a Notice of Clean-Up giving a minimum of three (3) hours for all persons to remove their personal property. b. The Town shall prioritize and expedite the removal of an encampment if: 1. the Town receives direction from State health officials or other governmental authority that abatement of the encampment is necessary to preserve public health or safety, including to address known or suspected outbreaks of diseases; or 2. the Town observes or reasonably suspects the encampment creates a condition that presents a significant risk of property damage, bodily injury or death. AND, IT IS SO ORDAINED! Dated this day of , 2023 A.D. ____________________________________ Ricky Waring, Mayor Town of Summerville ATTEST: ___________________________ Beth Messervy, Town Clerk 6 First Reading: _____________ Second Reading: ___________ 7  ORDINANCE AN ORDINANCE TO AMEND CHAPTER 16, ARTICLE 1 BY ADDING A NEW SECTION 16-19 – BLOCKING OR INTERFERING WITH TRAFFIC UPON A SIDEWALK Whereas, the Council finds that the Town is committed to protecting the life, health and safety of all people in the Town, and Whereas, Council is committed to protecting the rights of individuals as they traverse the sidewalks located within the Town, and Whereas, it is the purpose of this new Section to set standards for the manner in which individuals may use sidewalks in order to protect the life, health and safety of all individuals as they traverse the sidewalks in the Town. 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. Town Ordinance Chapter 16, Article 1, is hereby amended by adding a new Section 16-19 that will hereafter read: Sec. 16-19. - Blocking or interfering with traffic upon a sidewalk. (a) Definition. The term "sidewalk" as used herein shall include not only public sidewalks but also sidewalks located upon private property servicing parking lots wherein the owner has conferred upon the Town police jurisdiction pursuant to S.C. Code Ann. 23- 1-15, as amended. (b) A person shall not, with the intention of interfering with the free passage of pedestrians thereon, physically block or attempt to block with his own body or an object or vehicle, that portion of a sidewalk or right-of-way used for pedestrian travel. (c) A person shall not, with the intent of interfering with the free ingress to or egress from, physically block or attempt to block with his own body or any object or vehicle, the passage of pedestrians or vehicular traffic at an entrance to any public or private property abutting a sidewalk or right-of-way. (d) A person shall not cause or attempt to cause another person reasonably to fear that the latter is in imminent threat of any offensive physical contact either to his person or personal property in his immediate possession. AND, IT IS SO ORDAINED! Dated this day of , 2023 A.D. ____________________________________ Ricky Waring, Mayor Town of Summerville ATTEST: ___________________________ Beth Messervy, Town Clerk First Reading: _____________ Second Reading: ___________  ORDINANCE AN ORDINANCE TO AMEND CHAPTER 16, ARTICLE 1 BY ADDING A NEW SECTION 16-20 – RUMMAGING, SCATTERING AND SCAVENGING THROUGH SOLID WASTE CONTAINERS PROHIBITED Whereas, Council finds that the Town is committed to protecting the life, health, and safety of all people in the Town, and Whereas, Council finds that rummaging, scattering and scavenging through solid waste containers poses a significant health and safety hazards to the people who participate in this activity. 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. Town Ordinance Chapter 16, Article 1, is hereby amended by adding a new Section 16-20 that will hereafter read: Sec. 16-20- Rummaging, scattering and scavenging through solid waste containers prohibited. (a) Definitions. For purposes of this section: (1) "Solid waste container" shall mean any garbage, solid waste, recycling, swap shop container, bag, box or other container or structure which is capable of or does contain solid waste. (2) "Law enforcement purposes" shall mean government directed or sanctioned investigatory searches consonant with the requirements of the 4th Amendment to the United States Constitution. (b) Unlawful. Except as shall be necessary for law enforcement purposes, it shall be unlawful for any person to rummage through, remove, salvage items from or otherwise scavenge from or tamper with any solid waste container, whether located curbside or at designated drop-off or collection points, whether located temporarily or permanently. The scattering of any of the contents of any solid waste container is also prohibited. AND, IT IS SO ORDAINED! Dated this day of , 2024 A.D. ____________________________________ Ricky Waring, Mayor Town of Summerville ATTEST: ___________________________ Beth Messervy, Town Clerk First Reading: _____________ Second Reading: ___________  ORDINANCE AN ORDINANCE TO AMEND CHAPTER 16, ARTICLE 1 BY ADDING A NEW SECTION 16-21 – PUBLIC URINATION AND DEFECATION PROHIBITED Whereas, Council finds that the Town is committed to protecting the life, health, and safety of all people in the Town, and Whereas, Council finds that public urination and defecation creates untreated human waste which poses a significant environmental, health and safety hazards to the citizens, and Whereas, Council finds public urination and defecation is offensive to the general public when viewed. 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. Town Ordinance Chapter 16, Article 1, is hereby amended by adding a new Section 16-21 that will hereafter read: Sec. 16-21 - Public urination and defecation unlawful. It shall be unlawful for any person to urinate or defecate outside to the view of any person from their private property or place of business, or to the view of any person from any highway, street, alley, park or way. AND, IT IS SO ORDAINED! Dated this day of , 2024 A.D. ____________________________________ Ricky Waring, Mayor Town of Summerville ATTEST: ___________________________ Beth Messervy, Town Clerk First Reading: _____________ Second Reading: ___________ CITY OF MYRTLE BEACH ) COUNTY OF HORRY ) LAW ENFORCEMENT STATE OF SOUTH CAROLINA ) ASSISTANCE AND SUPPORT AGREEMENT MEMORANDUM OF UNDERSTANDING This Law Enforcement Assistance and Support Agreement (“Agreement”) is made and entered by and between the Summerville Police Department located at 300 W 2nd St., Summerville, SC 29483 and the City of Myrtle Beach Police Department located at 1101 North Oak Street, Myrtle Beach, SC 29577, and shall be effective on the date that the agreement has been signed by both parties and approved by their respective governing bodies, as shown below. WHEREAS, as amended on June 3, 2016, South Carolina Code Ann. Section 23-20-10, et seq., provides for contractual agreements between and among state, county, municipal and local law enforcement agencies for the purpose of providing the proper and prudent exercise of public safety functions across jurisdictional lines; and WHEREAS, the Summerville Police Department desires to enter into such an agreement with the CITY OF MYRTLE BEACH POLICE DEPARTMENT to promote public safety for the purposes of securing to each other the benefits of mutual aid in the event of natural disaster, disorder, special events, emergency situations, and any other law enforcement activities; and WHEREAS, the purpose of this Agreement is to define the scope of such mutual aid and the responsibilities of the parties; and WHEREAS, during these activities, it is possible that law enforcement officers will respond to, become involved with, and/or deal with emergency situations, civil disorders, arrests, natural or manmade disasters, pursuits of criminal suspects, location of missing persons, criminal investigations, and/or any other matter handled by law enforcement, and the requesting agency desires replying agency’s officers to have lawful authority and jurisdiction to respond to, become involved with, and/or deal with these or any other situations which may arise during the presence of responding agency’s officers in the requesting agency’s jurisdiction. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. VESTING OF AUTHORITY AND JURISDICTION To the fullest extent permitted by the Constitution and the statutes of this State, officers assigned under the Agreement shall be vested with authority, jurisdiction, rights, immunities, and privileges outside his resident jurisdiction for the purpose of investigation, arrest, or any other activity related to the criminal activity for which the agreement is drawn. This Agreement is in no way intended to effect any other multi-jurisdictional 1 agreement(s) which may exist between the agencies. The assistance to be rendered pursuant to this Agreement shall solely involve responding law enforcement officers from one party’s jurisdiction to the other. When so responding, such law enforcement officers shall have all powers and authorities of law enforcement officers employed by the requesting jurisdiction. However, local ordinances adopted by a responding party’s jurisdiction shall not be deemed extended into areas of operation that are located outside the geopolitical territorial limits of that party. 2. REQUEST FOR ASSISTANCE The responding law enforcement officers may be requested in response to any public safety function across jurisdictional lines, such as multijurisdictional task forces, criminal investigations, patrol services, crowd control, traffic control and safety, and other emergency service situations. Assistance provided in this Agreement includes, but is not limited to: A. Emergency Situations; B. Civil Disorders; C. Natural or Manmade Disasters; D. Mass Processing of Arrests; E. Transporting of Prisoners; F. Operating Temporary Detention Facilities & Housing Inmates; G. Arrests; H. Pursuits of Criminal Suspects; I. Location of Missing Persons; J. Traffic Control and Safety; K. Criminal Investigations; or L. Any Other Matter Handled by Law Enforcement for that Particular Jurisdiction. 3. PRIMARY RESPONSIBILITY It is agreed and understood that the primary responsibility of the parties to this Agreement is to provide law enforcement services within the geographical boundaries of their respective jurisdictions. Therefore, it is agreed that the law enforcement agency whose assistance is requested shall be the sole judge as to whether or not it can respond and to what extent it can comply with the request for assistance from the other agency. 4. PROCEDURE FOR REQUESTING LAW ENFORCEMENT ASSISTANCE A. Request. A request for assistance shall only be made by the Chief of the Summerville Police Department, or his/her designee, or the Chief of the City of Myrtle Beach Police Department, or his/her designee. This request shall include a description of the situation creating the need for assistance, the specific aid needed, the approximate number of law enforcement officers requested, the location to which law enforcement personnel are to be dispatched, and the officer in charge of such location. 2  B. Reply. A reply to any request for assistance shall only be made by the Chief of the Summerville Police Department, or his/her designee, or the Chief of the City of Myrtle Beach Police Department, or his/her designee. If the request is granted, the requesting law enforcement agency shall be immediately informed of the number of law enforcement officers to respond. C. Officer in Charge. The responding law enforcement officers shall report to the officer in charge of the requesting law enforcement agency at the designated location and shall be subject to the lawful orders and commands of that officer. The responding law enforcement officer shall exert their best efforts to cooperate with, and aid, the requesting law enforcement agency. The responding law enforcement officers shall be responsible at all times for acting within the policies and procedures set forth in the policy and procedure manual of the law enforcement agency by which they are regularly employed. D. Release. The responding law enforcement officers shall be released by the officer in charge when their services are no longer required or when they are needed to respond to a situation within the geographic boundaries of their own jurisdiction; provided, however, the responding law enforcement officers shall use their best efforts to complete the requested service prior to being released. 5. PERSONNEL, COSTS AND RECORDS Except as otherwise agreed among the parties, each party shall maintain control over its personnel. Except as otherwise provided herein, each party shall bear its own costs incurred in the performance of its obligations hereunder, and shall keep its own personnel and other usual records as to its assigned officers. The requesting law enforcement agency shall be primarily responsible for maintaining records relating to the incident for which assistance has been requested. However, each law enforcement agency shall maintain records of activities of its personnel that would result in creation of records in its own jurisdiction, including but not limited to, incident reports, records or application or execution of an arrest or search warrant, incident reports for arrests made by its personnel, uniform traffic tickets issued, and use of force forms. Each party shall make these records available to the other party upon request and without cost. 6. REQUESTS FOR INFORMATION PURSUANT TO THE SOUTH CAROLINA FREEDOM OF INFORMATION ACT Upon receipt, each agency participating in this Agreement must respond to requests for information pursuant to the South Carolina Freedom of Information Act. 7. COMPENSATION 3 This Agreement shall in no manner affect or reduce the compensation, pension, or retirement rights of any responding officers and such officers shall continue to be paid by the agency where they are permanently employed. Except as otherwise agreed, each party shall bear its own costs and expenses incurred in complying with this Agreement. The parties agree that compensation and/or reimbursement for services provided hereunder shall be limited to the reciprocal provision of services of like kind, to include the ancillary benefits of increased investigation and prevention of offenses in their respective jurisdictions. Any other agreement for reimbursement between the parties must be written and executed in the same manner as this Agreement. 8. INSURANCE Each party shall maintain such insurance coverage for general liability, workers’ compensation, and other such coverage as may be required by law or deemed advisable by individual parties. 9. EMPLOYMENT STATUS Nothing herein shall be construed or interpreted to imply that the law enforcement officers responding in accordance with this Agreement shall be the employees of the law enforcement agency requesting such assistance. 10. MODIFICATION OR AMENDMENT This Agreement shall not be modified, amended, or changed in any manner except upon express written consent of the parties to this Agreement. 11. RESPONSIBILITY TO RESPECTIVE GOVERNING BODIES Each party is responsible for any approval requirements to their respective governing body as may be required under South Carolina law. 12. SEVERABILITY Should any part of this Agreement be found to be unenforceable by any court or other competent authority, then the rest shall remain in full force and effect. 13. BINDING SUCCESSORS IN OFFICE 4 All parties agree that any and all successors in interest to their offices will be similarly bound by the terms of this agreement without necessitating execution of any amendment. 14. NO INDEMNIFICATION OR THIRD PARTY RIGHTS To the extent provided by law, the parties shall be solely responsible for the acts and omissions of their respective employees, officers, and officials, and for any claims, lawsuits and payment of damages that arise from activities of its officers. No right of indemnification is created by this agreement and the parties expressly disclaim such. The provisions of this agreement shall not be deemed to give rise to or vest any rights or obligations in favor of any rights or obligations in favor of any party or entity not a party to this agreement. Neither party shall be responsible for defending any legal action or claim brought against the other party or its employees arising out of circumstances in which assistance was requested or provided, nor shall it be responsible to pay any fees, costs, damages or verdict incurred by the other party in such action or claim. Additionally, the parties agree that neither will pursue subrogation of workers’ compensation claims for injuries sustained by officers of the other party. 15. TERMINATION This Agreement shall be terminated at any time upon written notice to the other party to this Agreement. Such notice becomes effective upon receipt of written notice by the non- terminating party. 16. TERM AND RENEWAL This Agreement will continue in effect for two (2) years from the date of effectiveness of last signing below. Renewal shall be accomplished only by legislative act of equal dignity. 17. USE OF EQUIPMENT AND FACILITIES Each party shall supply the equipment for its law enforcement officers and be responsible for the maintenance of its own equipment. Each party shall bear the risk of damage or loss to its own equipment and facilities; provided, however that if the equipment or facility is damaged by the acts or omissions of employees of the other party, then the other party shall reimburse the damaged party for its loss. The requesting agency shall provide the facilities for law 5 enforcement operations and will designate its location at the time the assistance is requested. 18. OTHER AGREEMENTS AND INVESTIGATIONS This Agreement shall not repeal or supersede any existing agreements between the parties does not restrict in any way the normal cooperation between law enforcement agencies concerning ongoing criminal activities. 19. RADIO COMMUNICATIONS Radio communications between the requesting law enforcement agency officers and the assisting law enforcement agency officers shall be maintained by use of the State regional radio channel system, unless a radio channel that is mutually shared by the parties is otherwise available. 6 IN WITNESS WHEREOF, these parties have set their hands and seals at the date set forth above. CITY OF MYRTLE BEACH WITNESSES __________ ______________________ Amy Prock, Chief of Police Witness CITY OF MYRTLE BEACH POLICE DEPARTMENT ____________________________________ _______________________ Jonathan “Fox” Simons, City Manager Witness Date approved by Myrtle Beach City Council: ___________________ __________________________________________________________________________ Summerville Police Department WITNESSES Chief Doug Wright Witness ____________________________________ Witness Date approved for execution: __________________ 7  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 State of South Carolina. RECITALS WHEREAS, the Town desires to promote initiatives in hospitality and accommodations tourism related events, promotions, community enhancements, small business advocacy, events and management of the Historic Summerville Downtown. 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. a. The Town and Dream acknowledge and agree that this Service Agreement shall be for six months commencing on January 1, 22024 and ending on June 30, 2024. 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 EIGHTY-SEVEN THOUSAND,FIVE HUNDRED ($87,500) DOLLARS by January 31, 2024. 4. Performance Obligation of Dream. Town and Dream acknowledge and 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 / Resource 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. 1. Expanded complementary Sweet Tea Festival sub events to provide a larger tourism return on investment 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 vi. Development and management public/private partnerships for Summerville “Flower the Town” initiative to invest in lush landscapes to attract visitors vii. Research and development of DREAM Soundstage Enterprise to support entertainment creators, recording studio, and video production viii. Continue expansion of the Summerville Arts Council to find resources to expand public art that support tourism and local beautification 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. 1. Seek and assist with the bringing tourism-based business investment associated with manufacturing, distribution and/or sales. 2. Assist with infill construction and business relocation and development. ii. Development and management of downtown business DREAM Marketing Services. 1. Development and management of “this is Summerville campaign” showcasing small business initiatives. 2. Creation of Summerville Small Business and event education Master Class to feature Summerville innovators and help springboard new entrepreneurs and expand tourism events. 3. Design and produce Summerville monthly video magazine to highlight tourism opportunities. 2  4. Expand marketing tactics such as but not limited to Shop Summerville Ap, geofencing, SEO and social media to better understand market trends and sales performance. iii. Research and development of additional events to improve Summerville tourism market base. 1. Source development for a year-round farmers market 2. Research and development of retail and business innovation development center 3. Development and management of specialized Summerville recognition event 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’ 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. 3 THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 4 IN WITNESS WHEREOF, the parties have executed this SERVICE AGREEMENT on the _____ day of __________, 20___. WITNESSES TOWN OF SUMMERVILLE _______________________ by: ________________________ Mayor _______________________ WITNESSES DREAM _______________________ by: ________________________ Board Chair _______________________ 5