Town Council

TOWN of SUMMERVILLE, sc Town Council Meeting Council Chambers - Annex Building – 200 South Main Street Thursday, January 11, 2024 - 6:00 p.m. AGENDA 1. Call to Order 2. Invocation and Pledge of Allegiance - Councilmember Richard G. Waring, IV 3. Employee Recognition 4. Approval of Minutes of Previous Meetings a. Town Council Meeting – December 14, 2023 b. Standing Committee Meetings – January 8, 2024 5. Public Comment – For items on the January 11, 2024 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. 6. Petitions: n/a 7. Pending Bills and Resolutions a. Second and final reading of an ordinance 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) b. Second and final reading of an ordinance to amend Chapter 16, Article I, by adding a new section, 16-18 – Encampments on Public Property c. Second and final 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 d. Second and final 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 Meetings are livestreamed at www.summervillesc.gov Town Council Agenda – January 11, 2024 e. Second and final reading of an ordinance to amend Chapter 16, Article I, by adding a new section, 16-21 – Public Urination and Defecation Prohibited 8. Introduction of Bills and Resolutions – a. First reading of an ordinance to rezone TMS#s 137-09-01-008 and 137-09-01-050, located at 801 Central Avenue, totaling approximately 0.73 acres, and owned by Tyrone Jeffrey Myers & Bernard Alfonso Myers, from GR-5, General Residential (5 units/acre), to N-B, Neighborhood Business. (Council District 1). The Planning and Development Committee voted to move the item to full Council with a recommendation for approval at their meeting on January 8, 2024. b. First reading of an ordinance to amend the Town of Summerville Code of Ordinances, Chapter 20, Planning and Development, Article VI, Summerville Open for Business Program. The Planning and Development Committee voted to move the item to full Council with a recommendation for approval at their meeting on January 8, 2024. 9. Miscellaneous a. Mayor’s appointment of Council Standing Committee members b. Election of Mayor Pro Tempore c. Consideration to move start time of February 5, 2024 Standing Committee meeting start time from 5:30pm to 3:00pm. d. Authorization for Police Chief and Town Administrator to enter into a law enforcement assistance and support agreement with the City of Hanahan police department. e. Approval of alteration to Town-owned property at 100 West Richardson Avenue, Suite A, Summerville, SC 29483. f. Authorization to surplus the following SPD vehicles: P196 - 2009 Dodge Durango, White, 122k miles and P210 - 2010 Chevy HHR, Silver, 69K miles. SPD will use the proceeds to purchase a new investigator vehicle, with remaining balance coming from State drug funds. g. Authorization to renew agreement with Dean’s Meaner Wieners for 2024 concession operations. Parks and Recreation Committee voted to move the item to full Council with a recommendation for approval at their January 8, 2024 meeting. h. Consideration of proposed splash pad operating hours and procedures. Parks and Recreation Committee voted to move the item to full Council with a recommendation for approval at their January 8, 2024 meeting. 10. 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. 11. Executive Session: Personnel matters a. Personnel matter related to appointment to Design Review Board 12. Other Business a. Action to be taken by Council related to Executive Session 13. 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 December 14, 2023 ATTENDANCE Present: Mayor Ricky Waring, Councilmembers Kima Garten-Schmidt, Bob Jackson, Aaron Brown, Terry Jenkins, Russ Touchbery, and Richard G. Waring, IV. 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 14, 2023. Councilmember Terry Jenkins gave the invocation, followed by the Pledge of Allegiance. PROCLAMATION PRESENTATIONS Mayor Waring presented a special resolution to Summerville Police Department’s PFC Oscar Harvey & Corporal Taylor Bennett for saving the life of citizen Stephen March in September 2023. EMPLOYEE LENGTH OF SERVICE AWARDS AND SPECIAL RECOGNITIONS Mayor Waring presented certificates of appreciation to employees for milestone years of service to the Town of Summerville. Town Clerk Beth Messervy presented plaques to Mayor Waring and Councilmember Terry Jenkins for their years of service on Council. APPROVAL OF MINUTES OF PREVIOUS MEETINGS Mr. Brown made a motion, seconded by Mr. Jenkins, to approve the combined minutes of the November 9, 2023 Council meeting, the November 28, 2023 Special Council meeting, and the December 11, 2023 Standing Committee meetings. The motion carried unanimously, and the minutes were accepted into record. Town Council Meeting Minutes – December 14, 2023 Page 2 PUBLIC COMMENT – DECEMBER 14, 2023 AGENDA ITEMS Mayor Waring opened the floor for public comment on items on the December 14, 2023 agenda. Peter Wallace stated that the stop sign on West Carolina at Beaufort Street was helping with traffic calming and should be left up. There being no further comments, Mayor Waring closed this part of the meeting. PETITIONS Mr. Waring made a motion, seconded by Mr. Jenkins, to give first reading to an ordinance 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. Mr. Jackson stated that he would vote for first reading, but that he had concerns about ingress-egress into the property. Mr. Jenkins concurred, stating that he would like to have more time to give greater discussion to the annexation request. Mr. Touchberry stated that the Police and Fire Departments are already serving the area in which the property is located, and that the Police Chief and Fire Chief did not have an issue with the ingress-egress for service vehicles. The motion carried unanimously. PENDING BILLS AND RESOLUTIONS Mr. Brown made a motion, seconded by Mr. Jackson, to give 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. The motion carried unanimously. Mr. Jackson made a motion, seconded by Mr. Touchberry, to give second and final reading to 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. Mr. Jackson made a motion, seconded by Mr. Brown, to give second and final reading to 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. Jenkins made a motion, seconded by Mr. Jackson, to give second and final reading to 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. Mr. Jenkins made a motion, seconded by Mr. Waring, to give second and final 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 Town Council Meeting Minutes – December 14, 2023 Page 3 in the remaining committees. The motion carried 6-0, with Mr. Touchberry recusing himself from the vote, as he was elected to be the Mayor as of January 3, 2024. Mr. Touchberry made a motion, seconded by Mr. Jenkins, to give second and final 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. The motion carried unanimously. INTRODUCTION OF BILLS AND RESOLUTIONS Mr. Jenkins made a motion, seconded by Mr. Jackson, to have the Town Clerk read items 9a-9d together, and to vote on them as a group. The motion carried. Mr. Jackson made a motion, seconded by Mr. Jenkins, to give first reading to items 9a-9d as described below. The motion carried unanimously. 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 MISCELLANEOUS Mr. Jenkins made a motion, seconded by Mr. Jackson, to leave the stop sign on West Carolina Avenue at Beaufort Street. Some discussion followed. The motion carried unanimously. Mr. Brown made a motion, seconded by Ms. Garten-Schmidt, to authorize Chief Wright to enter into a Memorandum of Understanding with Myrtle Beach Police Department. The motion carried unanimously. Mr. Jenkins made a motion, seconded by Mr. Touchberry, to accept the Quit Claim Deed from SCDOT for a tract of land adjacent to the BGM Parkway containing 47.441 acres. The motion carried unanimously. Mr. Jenkins made a motion, seconded by Mr. Waring, to authorize the Town Administrator to Execute an Agreement with Tetra Tech for Debris Monitoring Services. Some discussion followed. The motion carried unanimously. Mr. Waring made a motion, seconded by Mr. Touchberry, to authorize the Town Administrator to Execute an Agreement with Summerville DREAM. Mr. Touchberry made a motion, seconded by Mr. Jackson, to amend the original motion to clarify that the agreement is for 6 months with an option to review the agreement at the May Council meeting to consider three 1-year agreements. The motion to amend carried unanimously. The original motion as amended carried unanimously. Town Council Meeting Minutes – December 14, 2023 Page 4 Mr. Jackson made a motion, seconded by Mr. Brown, to approve the Town giving $15,000 to Sculpture in the South, from State ATAX or Hospitality Tax funds. Some discussion followed. The motion carried unanimously after Town Administrator Lisa Wallace confirmed that the Town did have money in those funds for the donation. PUBLIC COMMENTS (open) Mayor Waring opened the floor for public comments on any topic. Harley Edwards, who recently opened a coffee shop on West Richardson Avenue, stated that he believed the Town should go back to 10 minute parking on West Richardson Avenue in front of his shop. He stated that it is hard for his business to receive deliveries with there being no time limit for cars to be parked in front of his business. There being no further comments, Mayor Waring closed this part of the meeting. EXECUTIVE SESSION: Mr. Jackson made a motion, seconded by Mr. Brown, to enter into Executive Session to discuss the following: • Personnel matter related to citizen committees, commissions, and boards • Personnel Matter Related to Town Engineer Position • Personnel Matter Related to Victim Advocate Position • Legal Matters Related to Pending Court Citation The motion carried, and Council entered into Executive Session at 6:52pm. Council reconvened at 7:46pm. 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: • Personnel matter related to citizen committees, commissions, and boards • Personnel Matter Related to Town Engineer Position • Personnel Matter Related to Victim Advocate Position • Legal Matters Related to Pending Court Citation OTHER BUSINESS: Mr. Jackson made a motion, seconded by Mr. Jenkins, to promote Bonnie Miley to the full time position as Town Engineer. The motion carried unanimously. Mr. Jackson made a motion, seconded by Mr. Jenkins, to authority the Town Attorney, pursuant to the Town of Summerville Unified Development Ordinance §14.3.2C., to institute Civil Proceedings to abate or correct a violation of the UDO Ten (10) days after all other remedies have been attempted and failed.. The motion carried unanimously. Mr. Jenkins made a motion, seconded by Ms. Garten-Schmidt, to make the following appointments to citizen committees, commissions, and boards with one vote. The motion carried unanimously. Appointments are as follows: • Board of Architectural Review: Reappoint Jane Knight and Beth Huggins Town Council Meeting Minutes – December 14, 2023 Page 5 • Planning Commission: Reappoint Betty Profit, Tom Hart, and Kevin Carroll • Design Review Board: Reappoint Bill Beauchene. Appoint Justin Westbrook and Chauncey Mann. • Board of Zoning Appeals: Reappoint John Thurmes and Denis Tsukalis. Appoint Gary Brewer Senior, Chad Lobo, and Gary Blond. • Tree Protection Board: Reappoint Faye Campbell • Bicycle and Pedestrian Committee: Reappoint Ben Hough and Ned Shows. Appoint Chris McClure. • State Accommodations Tax Advisory Committee: Reappoint Emmagene Rhodes and Deb Campeau • Municipal Election Commission: Reappoint Bonny Ferguson and Ellen Priest ADJOURN: Mr. Jenkins made a motion, seconded by Mr. Jackson, to adjourn the meeting. The motion carried unanimously, and Mayor Waring adjourned the meeting at 7:51pm. 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 9, 2024 RE: January Parks & Recreation Committee Minutes The Parks & Recreation Committee met on Monday, January 8, 2024 in the Council Chambers of the Town Hall Annex. Chairman Bob Jackson (virtual) and committee members Aaron Brown & Kima Garten-Schmidt participated in the meeting. The meeting was called to order at 5:31 PM. Ms. Evans requested authorization to renew the current agreement with Dean’s Meaner Wieners for the 2024 Gahagan concession operations. A motion to move the agreement to full Council with a recommendation for approval was made by Ms. Garten-Schmidt (seconded by Mr. Brown). Motion passed unanimously. The committee reviewed the proposed splash pad operating hours and procedures. Ms. Evans suggested that the Berkeley County school calendar also be included in determining the operating schedule. A motion to move the splash pad operating hours and procedures with the modification to full Council with a recommendation to adopt these was made by Ms. Garten-Schmidt (seconded by Mr. Brown). Motion passed unanimously. 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 5:33 PM. Sincerely, Amy Evans Parks & Recreation Director Town of Summerville  PLANNING AND DEVELOPMENT COMMITTEE REPORT for January 8, 2024 5:30 PM The Planning and Development Committee of Town Council met on January 8, 2024. The meeting was held in the Council Chambers of Town Hall, 200 S. Main Street, Summerville, SC. Committee members present included Tiffany Johnson- Wilson, Council District 2; 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 5:34 PM immediately following the Parks and Recreation Committee meeting. Rezoning: Ms. Shuler introduced and briefly explained the request to rezone TMS#137-09-01-008 and 137-09-01-050, located at 801 Central Avenue, totaling approximately 0.73 acres, and owned by Tyrone Jeffrey Myers & Bernard Alfonso Myers, from GR- 5, General Residential (5 units/acre), to N-B, Neighborhood Business. (Council District 1). She stated that the Planning Commission held a public hearing and made a recommendation for approval at their meeting on December 18, 2023. Mr. Jackson noted that rezoning to business would be a good change in this area and Ms. Johnson-Wilson agreed. Ms. Johnson- Wilson made a motion to recommend approval to full Council, and Mr. Jackson made the second. The motion passed unanimously. Ordinance Amendments: Ms. Shuler then introduced the proposed amendment to the Town of Summerville Code of Ordinances, Chapter 20, Planning and Development, Article VI, Summerville Open for Business Program. She stated that the Planning Commission held a public hearing and made a recommendation for approval at their meeting on December 18, 2023. Mr. Jackson asked if these changes addressed affordable housing, and Ms. Shuler responded that affordable housing was not addressed at this time but would be looked at in the future. Ms. Johnson-Wilson made a motion to recommend approval to full Council, and Mr. Jackson made the second. The motion passed unanimously. Following no additional business or discussion, the meeting was adjourned at 5:36 PM. Respectfully submitted, Jessi Shuler, AICP January 10, 2024 Director of Planning  TOWN of SUMMERVILLE, SC FINANCE COMMITTEE REPORT January 8, 2024 The Finance Committee met on Monday, January 8, 2024. Present were Mayor Touchberry and Committee members Bob Jackson (via Zoom), Richard G. Waring, IV, Aaron Brown, Kima Garten-Schmidt, and Tiffany Johnson-Wilson. 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 Touchberry called the meeting to order at 5:38pm. Presentation of Finance Director Rhonda Moore presented the December 2023 financial statements. Financial Statements Miscellaneous Mr. Brown made a motion, seconded by Ms. Johnson-Wilson, to approve the purchase of thirteen Dodge Durangos with equipment from Santee Automotive for $810,994.68. These funds will come from the general fund. The requested vehicles are the remaining thirteen approved for the FY 23/24 budget. Request from Police Department. The motion carried unanimously. Mr. Waring made a motion, seconded by Ms. Garten-Schmidt, to award the contract for Springview Lane Drainage Improvement Project to Carver Maritime for $387,874.77. The Funding for this project is to come from SC Rural Infrastructure Authority Grant in the amount of $340,422 with the remainder of $47,452.77 (Town match) to be funded from Budgeted Expenditures within our Stormwater Management Fund. The motion carried unanimously. Ms. Garten-Schmidt made a motion, seconded by Ms. Johnson-Wilson, to surplus and sell Parks & Recreation vehicle #R60 a 2000 CHEVY 3500 with 120,181 miles. The motion carried unanimously. Executive N/A Session Other Business N/A Adjourn Mr. Waring made a motion, seconded by Ms. Garten-Schmidt, to adjourn the meeting. The motion carried unanimously, and the meeting adjourned at 5:46pm. 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 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: ___________  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 two lots totaling approximately 0.73 acres owned by Tyrone Jeffrey Myers & Bernard Alfonso Myers located at 801 Central Avenue and known as Dorchester TMS#s 137-09-01-008 and 137-09-01- 050 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 , 2024. Ricky Waring, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: December 18, 2023 FIRST READING: ______________ SECOND READING: _____  Rezoning to N-B 732 CENTRAL AVE 715 100 CENTRAL ATLANTIC ST AVE 818 725 CENTRAL CENTRAL AVE Apt A1 AVE 727 A 725 CENTRAL CENTRAL AVE Apt B1 801 AVE CENTRAL 725 CENTRAL 725 CENTRAL AVE AVE Apt C1 725 CENTRAL AVE Apt H1 AVE 725 CENTRAL AVE Apt C3 725 Apt F4 813 CENTRAL 807 725 CENTRAL AVE AVE Apt E4 CENTRAL CENTRAL Apt D1 AVE AVE 725 CENTRAL AVE Apt D4 731 CENTRAL AVE 200 GERMANTOWN RD 124 130 A GERMANTOWN RD GERMANTOWN RD 128 GERMANTOWN RD 9/12/2023 1:1,690 0 0.01 0.02 0.04 mi Summerville Addresses GR-5 Rezoned at Summerville December 14, 2023 High Parcels Council meeting 60cm Imagery Resolution Zoning Districts N-B World Imagery Current rezoning request High Resolution 30cm Imagery 0 0.02 0.04 0.07 km Maxar, Microsoft AC PUD Low Resolution 15m Imagery Citations  ORDINANCE AN ORDINANCE TO AMEND CHAPTER 20, ARTICLE VI BY: AMENDING SECTIONS 20-201, 20202, 20-203 AND 20-210; RE-NUMBERING SECTIONS 20-210 AND 20-211; DELETING SECTIONS 20-204, 20-205, 20-206, 20-207, 20-208 AND 20-209. WHEREAS, Council is of the mind that it is in the best interest of the Town that incentives for economic development within the municipal limits are best handled on a case-by-case method, and WHEREAS, the program known as Summerville Open for Business Program should be abandoned, and WHEREAS, the Commercial Revitalization Incentives program should be preserved. 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. Chapter 20, Article VI Town of Summerville Code of Ordinances is herby amended so that it will hereafter read: Sec. 20-201. Title. This article shall be referred to as the "Commercial Revitalization Incentives" Sec. 20-202. Authority. This program is enacted pursuant to the powers conferred upon the Town of Summerville, South Carolina (the "town") under the Constitution of the State of South Carolina, 1895, as amended, specifically including the home rule amendments thereto, S.C. Code Ann. § 5-7-30 and S.C. Code Ann. § 6-29-340. The enactment of this article has been expressly found and determined to create significant value and benefits to the town, and its citizens; and any public funds expended under the terms hereof are anticipated and expected to value to the town that is equivalent to or greater than the funding expended by the town. Sec. 20-203. Purpose. The purpose of the Commercial Revitalization Incentives program is to provide a set of tools that can be used by town's staff to encourage revitalization in the following commercial districts of the Town of Summerville: (a) Brownsville, (b) Downtown, (c) Historic, (d) Midtown, (e) North Main, and (f) Oakbrook, all as shown on the map attached hereto as Exhibit A and incorporated herein by reference (collectively, the " Incentive Areas "). The provisions hereof allow and permit the town offer certain incentives or inducements to a person, firm, or corporation who/that undertake(s) a revitalization project consistent with the provisions herein. 1 Nothing in this article shall be construed to establish any form of ownership, partnership, or liability to or with any third party for the revitalization of any project. Sec. 20-204. Commercial revitalization incentives. Commercial revitalization incentives are offered and available to the owner of any property (i) zoned for commercial or industrial use and (ii) located within the incentive area. Respecting the "Interior Upfit and Maintenance Program" and the "Historic Building Maintenance Program" such programs are only available to the owners of properties located in the historic district and otherwise meeting all other qualifications for commercial revitalization incentives. The following commercial revitalization incentives are established. In all cases, any financial assistance awarded will be provided on a reimbursement basis only. (1) Façade program. This program will provide financial assistance for improvement projects on building facades. The maximum reimbursement amount is $2,500.00. The program requires a 50 percent match by the eligible recipient. (2) Sign program. This program provides financial assistance for business signage on the exterior of buildings. The maximum reimbursement amount is $500.00. No match is required. (3) Design assistance program. This program provides financial assistance for architectural design services and/or preparation of scope of work for exterior façade work. The maximum reimbursement amount is $500.00. No match is required. (4) Interior upfit and maintenance program. This program provides for reimbursement of the costs of repairs or upfits to the interior of a building in the historic district that will either repair or restore architectural or structural elements of the building, or upfits that cause the building to be retail-ready. The maximum reimbursement amount shall be the lesser of (i) 50 percent of the total repair/restoration/upfit cost, or (ii) $2,500.00. Generally, all upfits must be permanent improvements to the building and include, but are not limited to, display windows; new construction, such as bathrooms or changing areas; certain electrical, mechanical, and plumbing work; and/or interior repairs to walls, windows, and flooring. Maintenance may include the installation of sprinklers and other fire safety/suppression projects. In determining priority among applicants for this program, emphasis shall be given to the degree to which the project preserves or establishes historic architectural features in the interior of the building. (5) Historic building maintenance program. This program provides for reimbursement of the costs of repairs that will stop the intrusion of water into a building in the historic district. The maximum reimbursement amount shall be the lesser of (i) 50 percent of the total cost of such repairs, or (ii) $2,500.00. Eligible repairs are roof repair and replacement or repair of non-architectural exterior elements that are allowing water to enter the building and damage the interior structure. 2  Sec. 20-205. Administrative criteria and terms of delivery for commercial revitalization incentives. (a) Funding for the commercial revitalization incentives shall be subject to appropriation and funding by Town Council up to the amounts provided in the town's annual budget. No commercial revitalization incentives shall be permitted for projects that are initiated prior to approval by the town. (b) Administration of commercial revitalization incentive program shall be the responsibility of the economic development coordinator, who shall promulgate rules, regulations and applications, as necessary, to provide for and distribute the commercial revitalization incentives. In order to be considered for the commercial revitalization incentives, an eligible applicant must complete and submit the program application to the Town's economic development staff. Applications will be processed on a first- come, first-serve basis and will be accepted until all funding appropriations for the applicable fiscal year have been exhausted. (c) The provision of any commercial revitalization incentives shall be made only after an incentive agreement has been entered into between the person, firm, or corporation setting forth the particular requirements of the revitalization, as applicable, and the commercial revitalization incentives associated therewith. Each incentive agreement and the payment of commercial revitalization incentives thereof shall be subject to an initial approval by ordinance of the town council prior to any execution and delivery thereof. (d) Administration of commercial revitalization incentive program shall be the responsibility of the economic development manager, who shall provide a report to council on the status of each incentive agreement on a monthly basis. AND, It Is So Ordained! Dated this day of , 2023 A.D. ____________________________________ Ricky Waring, Mayor Town of Summerville ATTEST: ___________________________ Beth Messervy, Clerk to Council Introduction and First Reading: _____________ Second and Final Reading: _________________ 3 STATE OF SOUTH CAROLINA ) ) LAW ENFORCEMENT ) ASSISTANCE AND SUPPORT AGREEMENT CITY OF HANAHAN ) This agreement is made and entered into this _____ day of ____________, 2024, by and between the CITY OF HANAHAN POLICE DEPARTMENT and the SUMMERVILLE POLICE DEPARTMENT. WHEREAS, as amended on June 3, 2010, South Carolina Code Ann. Section 23-20- 10, et seq., provides that counties, incorporated municipalities, or other political subdivisions of this State may enter into mutual aid agreements as may be necessary for the proper and prudent exercise of public safety functions across jurisdictional lines, including but not limited to: patrol services, crowd control, traffic control and safety, and other emergency service situations; and WHEREAS, the parties desire to enter into such an agreement for the purpose of assisting one another in the proper provision and prudent exercise of public safety functions across jurisdictional lines; and WHEREAS, it is the desire and intent of the parties to evidence their joint undertaking for the provision of mutual assistance in law enforcement matters by the temporary assignment of law enforcement officers between jurisdictions to the fullest extent as is allowed by law; and WHEREAS, it is the intent of the parties to share jurisdiction under this written agreement to the fullest extent permitted under South Carolina law; and WHEREAS, the purpose of this Agreement is to define the scope of such mutual aid and the responsibilities of the parties hereto; NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: I. Statement of Specific Services and Procedures for Requesting Assistance A. Assistance. The assistance to be rendered pursuant to this Agreement shall solely involve the temporary transfer or assignment of law enforcement officers and/or equipment from one party's jurisdiction to the other for the purpose of providing the proper and prudent exercise of public safety functions across jurisdictional lines. 1) Public Safety Functions include, but are not limited to: a) multi-jurisdictional task forces; b) criminal investigations (including, but not limited to, investigations relating to illegal narcotics and narcotics related activities); c) patrol services; d) crowd control; e) traffic control; and, f) other emergency service situations.  2) Other Emergency Service Situations include, but are not limited to: a) riot or disorder; b) natural disasters; c) mass processing of arrests; d) transporting prisoners; e) operating temporary detention facilities; and, f) vehicular pursuits. B. Procedure for Requesting Assistance. 1) Request. A request for assistance shall only be made by the head of the requesting law enforcement agency or his or her designee. The request shall include a description of the situation creating the need for assistance, the number of law enforcement officers requested, the location to which the personnel are to be dispatched, and the officer in charge at such location. 2) Reply. A reply to any request for assistance shall only be made by the head of the assisting law enforcement agency or his or her designee. If the request is granted, the requesting law enforcement agency shall be immediately informed of the number of law enforcement officers to be furnished. C. Procedures When Assisting. 1) Officer in Charge. The personnel transferred or assigned by the assisting law enforcement agency shall report to the Officer-In-Charge of the requesting law enforcement agency at the designated location or by way of radio contact and shall be subject to the lawful orders and commands of that official. The assisting law enforcement officers shall exert their best efforts to cooperate with, and aid, the requesting law enforcement agency. 2) Radio Communication. Radio communication between the requesting law enforcement agency and the assisting law enforcement officers shall be maintained by use of the State regional radio channel system, unless a radio channel that is mutually shared by the parties hereto is otherwise available. 3) Release. The assisting law enforcement officers temporarily transferred or assigned 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 geographical boundaries of their own jurisdiction. However, the assisting law enforcement officers shall use their best efforts to complete the requested services prior to being released. D. Vesting of Authority and Jurisdiction. To the fullest extent permitted by the Constitution and statutes of this state, for purposes of investigation, arrest or any other activity related to the purpose for which they were requested, assisting officers assigned under this agreement shall be vested with the same jurisdiction, authority, powers, privileges, immunities, rights and duties to enforce laws of the State of South Carolina and/or the laws of the requesting agency's jurisdiction, as officers of the requesting agency. II. Financial Issues A. Compensation and Reimbursement. 1. The temporary transfer or assignment of law enforcement officers made pursuant to this Agreement shall in no manner affect or reduce the compensation, pension or retirement rights of such transferred or assigned officers, and such officers shall continue to be paid by the agency where they are permanently employed. 2. 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 crime in their respective jurisdictions. 3. Any other agreement for reimbursement between the parties must be written and executed in the same manner as this agreement. B. Costs and Expenses. Except as otherwise provided herein, each party shall bear its own costs and expenses incurred in the performance of its obligations hereunder. C. Insurance and Bond. It is agreed and understood that the parties hereto shall be solely responsible for maintaining such insurance protection and workers compensation coverage on its employees as may be required by law or deemed advisable by the party. The bond, if any, for any officers operating under this agreement, shall include coverage for their activity in the other jurisdiction covered by this agreement in the same manner and to the same extent provided by the bonds of regularly employed officers of that county or municipality. III. Arrangements for use of Equipment and Facilities A. Supply and Provision of Equipment and Facilities. Each party shall be responsible for the maintenance of its own equipment and shall supply the equipment for its law enforcement officers. The host agency will procure and provide the facilities for law enforcement operations and will designate its location at the time assistance is requested unless otherwise agreed upon by the parties. B. Damage to Equipment. Each party shall bear the risk of its damage or loss to its own equipment; provided, however, that if the equipment 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. IV. Records and the Processing of Requests Pursuant to the Freedom of Information Act A. Records. The requesting law enforcement agency shall be primarily responsible to maintain records relating to the incident for which assistance has been requested. However, each law enforcement agency shall maintain its own personnel and other usually kept records as to its assigned officers. Each party shall make records relating to law enforcement activities conducted pursuant to this Agreement available to the other party upon request and without costs.  B. Processing Freedom of Information Act Requests. Each party shall be responsible for responding to Freedom of Information Act requests received by their agency in accordance with South Carolina Law. It is anticipated, but not required, that when responding to Freedom of Information Act requests the parties will consult with one another to ensure their responses to such requests are complete, consistent and in compliance with South Carolina Law. V. Legal Contingencies A. Lawsuits and Payment of Damages Arising from Provided Services. Neither party shall be responsible for defending any legal action 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 verdicts incurred by the other party in such a legal action. B. No Indemnification or Third-Party Rights. The parties shall be solely responsible for the acts and omissions of their respective employees, officers and officials. No right of indemnification is created by this agreement and the parties expressly disclaim such a right. The provisions of this agreement shall not be deemed to give rise to or vest any rights or obligations in favor of any person or entity not a party to this agreement. VI. Stipulation Regarding Control Over Assisting Agency's Personnel A. Primary Responsibility. It is agreed and understood that the primary responsibility of the parties hereto 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. B. Control. Except as otherwise agreed among the parties, each party shall maintain control over its personnel. C. 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. VII. Term, Duration, Modification and Termination A. Term and Duration. This Agreement is effective as to each party at the date and time of signing and will automatically renew each anniversary date, year to year, and term to term unless a party exercises its right to terminate as further described herein. B. Modification. This Agreement shall not be modified, amended or changed in any manner except upon the express written consent of the parties hereto. C. Termination. This Agreement may be terminated by either party by providing written notice to the other party. Such notice becomes effective upon receipt of the notice by the other party. VIII. General Provisions A. 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. B. Severability. Should any part of this Agreement be found to be unenforceable by any court or other competent authority, the rest shall still remain in full force and effect. C. Binding Successors in Office. 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. IN WITNESS WHEREOF, these parties have set their hands and seals at the date set forth above. Town of Summerville: _____________________________ ______________________ Douglas Wright, Chief of Police Witness ___________________________ ____________________ City Official Witness Hanahan Police Department: _____________________________ ______________________ Rick Gebhardt, Chief of Police Witness ___________________________ ____________________ City Official Witness  AGREEMENT This Agreement is made between the Town of Summerville (Town) and Dean’s Meaner Wieners to operate the Concession Stand located at the Jerry Blackwell Sports Complex, 515 W. Boundary St., Summerville, SC for the year 2024. WHEREAS, The Town of Summerville has entered this contract for the sole purpose of outsourcing its main concession stand at the Jerry Blackwell Sports Complex for a fee, and WHEREAS, Dean’s Meaner Wieners is desirous of being given the authority to operate said Concession Stand and pay a fee to the Town, and WHEREAS, The Town through its Parks and Recreation Department (Department) offers a variety of seasonal sports leagues where food and drinks for participants and spectators can be offered for purchase at reasonable prices, and WHEREAS, The Town through its Department has the authority in its sole discretion to award the contract, and WHEREAS, The Town and Dean’s Meaner Wieners desire to memorialize the terms and conditions of their Agreement and set forth guidelines and responsibilities of each party. NOW THEREFORE, the parties agree as follows: 1. The above introduction and recitals are hereby incorporated herein to the same extent as if set out verbatim. 2. This Agreement is for the year 2024 and will terminate on December 31, 2024 unless renewed by mutual agreement of the parties. 3. In addition to Monday thru Thursday, Dean’s Meaner Wieners understands games are played on weekends and Saturdays on a seasonal basis and must be able to operate the Concession Stand at all times as set forth below. 4. Dean’s Meaner Wieners understands and agrees it must obtain a Town Business License, satisfy all South Carolina Department of Health and Environmental Control requirements, and all Town Fire Department requirements prior to the commencement of this Agreement. 5. Dean’s Meaner Wieners shall pay a One Thousand and no/100 Dollars ($1,000.00) security deposit at the time this Agreement is executed. Any Town-owned equipment that is damaged and the additional charges related to the repairs of said equipment will result in the forfeiture of the security deposit. The removal of any equipment from the facility shall result in the forfeiture of the security deposit plus any additional costs for the removed and non-return of said items. 1 6. Fee: Dean’s Meaner Wieners shall pay One Thousand and no/100 Dollars ($1,000.00) to the Town for the Spring 2024 Season which begins in late March and runs for approximately Nine (9) weeks; and, One Thousand and no/100 Dollars ($1,000.00) for the Fall 2024 Season which begins in early September and runs approximately Nine (9) weeks. Dean’s Meaner Wieners understands the length of the seasons may vary depending on the number of participants and other unforeseen circumstances. 7. It is understood and acknowledged that in providing the services contemplated under this Agreement, Dean’s Meaner Wieners acts in the capacity of an Independent Contractor and not as an employee or agent of the Town. Dean’s Meaner Wieners will control the conditions, time, details, and means by which it performs the Services set forth under this Agreement. Neither party will have the authority to commit the other party or bind the other party to any obligation or liability or to act for or on behalf of the other party. 8. Dean’s Meaner Wieners: (a) must meet Town and State Health Department guidelines to include health permits; (b) is required to follow all Town as well as Parks and Recreation Department policies, rules and regulations; (c) must keep the concession building and grounds clean and free of litter; (d) One person on site must have a SERV Safe Certification issued by the National Restaurant Association. 9. The Town shall not be liable for taxes, Worker’s Compensation, unemployment insurance, employer’s liability, employer’s FICA, social security, withholding tax, or other taxes or withholding for or on behalf of Dean’s Meaner Wieners in performing services under this Agreement. All such costs shall be Dean’s Meaner Wieners’ responsibility. 10. Dean’s Meaner Wieners: (a) is subject to and will be required to pay a Hospitality Tax to the Town; and, (b) is required to have a Town Business License. 11. The Dean’s Meaner Wieners may not bring any type of grill (gas or charcoal), deep fryer or any type of appliance to cook inside or outside the concession building or concession areas including food trailers without prior written consent. 12. In the event a lawsuit or claim is made against the Town, Dean’s Meaner Wieners hereby indemnifies and holds harmless the Town, its subsidiaries, and affiliates, and their officers and employees, from any damages, claims, liabilities, and costs, including reasonable attorney’s fees, or losses of any kind or nature whatsoever (“Loss”) which may in any way arise from the Services performed by the Dean’s Meaner Wieners while performing the services of this Agreement, including the warranties set forth herein. The Town shall retain control over the defense of, and any resolution or settlement relating to, such Loss. The Dean’s Meaner Wieners will cooperate with the Town and provide reasonable assistance in defending any such claim. 13. Dean’s Meaner Wieners may not, without the written consent of the Town, assign, subcontract, or delegate its obligations under this Agreement. 2 14. This Agreement does not include permission to operate a self-contained food truck. In the event Dean’s Meaner Wieners desires to operate a self-contained food truck, it will require a separate signed written agreement. 15. All staff that works for Dean’s Meaner Wieners at the Jerry Blackwell Complex must complete a background check prior to working at the facility. A copy of each background check must be submitted to the Parks and Recreation Department staff prior to the commencement of services contemplated under this Agreement. 16. The Town will not allow price gouging but also recognizes Dean’s Meaner Wieners is entitled to reap a reasonable profit. Accordingly, the Recreation Department reserves the right to monitor all concession prices, as needed, and prevent patrons from being overcharged for concession items. Dean’s Meaner Wieners will submit a list of items, with prices, to be approved prior to the commencement of services contemplated under this Agreement. 17. Dean’s Meaner Wieners acknowledges days of operation may vary based on the number of teams in each league. Concessions during regular weekly league play must be fully operational and ready for the public thirty (30) minutes prior to the first scheduled game of the day/evening and close no earlier than thirty (30) minutes after the start of the last scheduled game or practice, unless the Dean’s Meaner Wieners deems it profitable to open earlier or close later. 18. The Dean’s Meaner Wieners shall have full responsibility for the purchase of all of its inventory, supplies, and related items, including, but not limited to, paper cups, napkins, and similar products. Each concession stand shall contain a conspicuous sign identifying Dean’s Meaner Wieners as its operator. 19. Termination: This Agreement may be terminated immediately for failure to correct a health or safety citation within the time allotted by the Authority issuing the Citation. Either party has the right to terminate this contract with written notice within ninety (90) days. For any termination, there shall be no refund of fees. DEAN’S MEANER WIENERS RESPONSIBILITY 20. The Town owned ice machine will be shared with the Dean’s Meaner Wieners. The Town will be responsible for any repair costs associated with the ice machine. 21. Kitchen equipment located at the Jerry Blackwell Sports Complex owned by the Town is available if needed and if used, the Town owned equipment will be repaired by Dean’s Meaner Wieners. Equipment beyond repair will be replaced by the Town of Summerville when required by normal wear and tear to the defunct equipment. 22. Dean’s Meaner Wieners must provide a contact person with phone number and email address to the Summerville Parks and Recreation Department designee. This 3 contact person must be available twenty-four (24) hours a day and seven (7) days of week in the event of an emergency, game cancellations, or other situation requiring immediate attention. 23. Dean’s Meaner Wieners is responsible for collecting all trash produced as a result of its operations, within a fifty (50) foot radius of each concession building. 24. Dean’s Meaner Wieners shall be responsible for the general appearance, maintenance, upkeep, and regular cleaning of the concession stands, equipment, and the immediate grounds. 25. Dean’s Meaner Wieners must provide adequate storage for all items during the off seasons. No Town owned facilities will be provided for any use to store and/all items owned by the Dean’s Meaner Wieners in between regular sports league play. 26. Dean’s Meaner Wieners is responsible for product security due to the limited space available at the concession stands. 27. All State and Federal labor laws must be adhered to when hiring. 28. The Dean’s Meaner Wieners must coordinate all menu items with the Recreation Staff. 29. Dean’s Meaner Wieners assumes entire responsibility and liability for losses, expenses, demands and claims in connection with or arising out of injury, or alleged injury (including death) to any person, while on the Concession Stand property of The Town of Summerville. Dean’s Meaner Wieners also assumes entire responsibility and liability for any damage sustained or alleged to have been sustained in connection with or to have arisen out of or resulting from the performance of the work/service by the Dean’s Meaner Wieners, it’s agents and employees, including losses, expenses or damages sustained by The Town. Dean’s Meaner Wieners agrees to indemnify and hold harmless The Town of Summerville, its officials, employees or volunteers from any and all such losses, expenses, damages, demands and claims and agrees to defend any suit or action brought against them, based on any such alleged injury or damage, and to pay all damages, cost and expenses in connection with or resulting there from. As an integral part of this Agreement, Dean’s Meaner Wieners agrees to purchase and maintain during the life of this Agreement, general liability insurance in the amount required set forth below and to furnish proper evidence thereof. All insurers must be licensed to do business in South Carolina and have a Best Rating of no less than A. Minimum limits of insurance Dean’s Meaner Wieners will maintain: (a) Commercial General Liability limits for bodily injury, personal injury or property damage $ 300,000 per occurrence $ 600,000 aggregate. (b) Automobile Liability: $ 300,000 combined single limit per accident for bodily injury and property damage. (c) Employers’ Liability: Employers’ Liability limits of 4  $1,000,000/$1,000,000/$1,000,000 per accident. (d) Workers’ Compensation: If required by the S.C. Worker’s Compensation Statute, coverage will be attained with limits as required by the laws of the State of South Carolina. The policies are to contain, or be endorsed to contain, the following provisions: (a) General Certificate of Liability and Automobile Liability Coverage’s will be (i) Policy will show the Town of Summerville as an Additional Insured. (ii) The Town, its officials, employees, and volunteers are to be covered as insured in respect to: liability arising out of activities performed by or on behalf of the Dean’s Meaner Wieners; products and completed operations of the Dean’s Meaner Wieners; premises owned, leased or used by the Dean’s Meaner Wieners; or automobiles owned, leased, hired or borrowed by the Dean’s Meaner Wieners. The coverage will contain no special limitation on the scope of protection afforded to The Town of Summerville, its officials, employees, or volunteers. (iii) Dean’s Meaner Wieners’ insurance coverage will be primary insurance in respect to The Town of Summerville, its officials, employees, and volunteers. Any insurance or self-insurance maintained by The Town of Summerville, its officials, employees, or volunteers will be in excess of Dean’s Meaner Wieners’ and will not contribute with it. (iv) Coverage will state that Dean’s Meaner Wieners’ insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Each insurance policy required by this clause will be endorsed to state that coverage will not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt request, has been given to the Town. 30. If the Town of Summerville is damaged by the failure of the Dean’s Meaner Wieners to maintain such insurance and to so notify the Town of Summerville, then the Dean’s Meaner Wieners will bear all reasonable costs properly attributable thereto. SIGNATURE PAGE TO FOLLOW 5 ENTERED INTO THIS DAY OF , 2024. DEAN’S MEANER WIENERS Address: Sign Name: Print Name: Cell Phone: Title: Work Phone: Date: TOWN OF SUMMERVILLE Amy Evans, Recreation Director Date Lisa Wallace, Town Administrator Date 6 Hours Splash pad hours are from 10am – 6pm daily. Schedule The splash pad will open each year starting with spring break and then operate weekends only until summer break commences. Once school resumes, the splash pad will be operated weekends only through the end of September. These dates will be determined by Dorchester District II’s school calendar. If the expected high temperature is less than 65 degrees, the splash pad will not be operated. Severe Weather Weather will be monitored by the Rollins Edward Community Center staff. If lighting strikes within 8 miles of the park, the splash pad will be turned off. After 30 clear minutes from the last strike, the splash pad will resume operations. Rules There is no lifeguard on duty. Use at your own risk. Surfaces may be hot. No food or drink on the splash pad. Alcohol is prohibited. Absolutely no glass objects, water balloons, or confetti allowed. Parents are responsible for supervising their children. No smoking or vaping within 50 feet of the splash pad. No skateboards, bicycles, scooters, or skates allowed on the splash pad. No electrical, gas, propane, or other flammable equipment allowed in the park without a permit. Adults must be accompanied by children. Children under the age of 12 must be accompanied by an adult. Use is prohibited by all persons having any contagious disease or diarrhea. Proper swim attire must be worn. No bathing allowed. Swim diapers are required for all children who are not potty trained. No climbing, hanging, swinging, or pulling on the equipment. Do not use the splash pad when lightning or thunder is present. Seek appropriate shelter during inclement weather. No running or rough play on the splash pad. Animals, including service animals, are not allowed on the spray pad. Be courteous to other users. No loud music in or surrounding the splash pad. Closing The Summerville Parks and Recreation Department reserves the right to close the splash pad at any time due to weather, maintenance, or other operational concerns without advanced notice. Cleaning Up Bodily Fluids Body fluids, including blood, feces, and vomit are all considered potentially contaminated with bloodborne germs. Therefore, spills of these fluids on the splash pad should be cleaned up and the contaminated surfaces disinfected immediately using an approved commercial disinfectant. Disinfectants should be used according to the manufacturer’s instructions and in compliance with CDC guidelines.