Town Council

TOWN of SUMMERVILLE, sc Town Council Meeting Council Chambers - Annex Building – 200 South Main Street Thursday, March 14, 2024 - 6:00 p.m. AGENDA 1. Call to Order 2. Invocation and Pledge of Allegiance - Councilmember Kima Garten-Schmidt 3. Employee Recognition 4. Proclamation Presentations 5. Approval of Minutes of Previous Meetings a. Town Council Meeting – February 8, 2024 b. Special Council Meeting (Mid-Year Budget Review) – February 15, 2024 c. Standing Committee Meetings – March 11, 2024 6. Public Comment – For items on the March 14, 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. 7. Petitions: No petitions for March 8. Pending Bills and Resolutions a. Second and final reading of an ordinance to annex TMS# 136-07-02-005, located at 1223 Central Avenue, and totaling approximately 2 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). Meetings are livestreamed at www.summervillesc.gov Town Council Agenda – March 14, 2024 b. 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) c. Second and final reading of an ordinance to amend Chapter 20, Article VI (Summerville Open for Business Program) by: amending Sections 20-201, 20-202, 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. d. Second and final reading of an ordinance to rezone TMS# 137-14-09-043, located at 114 Sasportas Lane, totaling approximately 0.766 acres, and owned by Mary and Raymond VonDohlen, from GR-2, General Residential (2 units/acre), to GR-5, General Residential (5 units/acre). (Council District 3) 9. Introduction of Bills and Resolutions – a. First reading of an ordinance to amend the Ordinance of the Town of Summerville, Chapter 16, Article I, by adding a new Section 16 entitled “Hate Intimidation.” b. First Reading of an Ordinance to grant unto Dorchester County, South Carolina, a permanent sewer easement across Town property known as TMS 130-10-00-066, located on Highway 78, Summerville, SC. c. First Reading of an Ordinance to grant unto Dorchester County, South Carolina, a permanent sewer easement across Town property known as TMS 130-10-00-047, located on Highway 78, Summerville, SC. d. First reading of an ordinance to approve a property agreement with Gilbert and Lee Construction for a material lay down area on Town property known as TMS: 137-06- 00-001, located on Short Central Avenue, Summerville, SC 10. Miscellaneous a. Approval of site plan/buffers for 160 Community Road, Summerville Commissioners of Public Works (SCPW) storage yard (Zoned PL). The Planning and Development Committee voted to move the item to full Council with a recommendation for approval at their meeting on March 11, 2024. b. Authorize Chief Wright to enter in a mutual aid and law enforcement support agreement between the City of North Myrtle Beach and the Summerville Police Department for the North Myrtle Beach Bike Week in May 2024. c. Authorize Town Administrator to execute an agreement with the First Circuit Public Defenders Office to provide indigent defense services d. Continued discussion of pilot program for yard debris pickup Meetings are livestreamed at www.summervillesc.gov Town Council Agenda – March 14, 2024 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 Matters a. Discuss Personnel Matters Related to the Building Department 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 Russ Touchberry Lisa Wallace Council Members: Town Clerk Aaron Brown Beth Messervy Tiffany Johnson-Wilson Richard G. Waring, IV Town Attorney Kima Garten-Schmidt G.W. Parker Bob Jackson Town of Summerville COUNCIL MEETING MINUTES February 8, 2024 ATTENDANCE Present: Mayor Russ Touchberry, Councilmembers Kima Garten-Schmidt, Bob Jackson, Aaron Brown, Tiffany Johnson-Wilson 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 Touchberry called the meeting to order at 6:00pm on Thursday, February 8, 2024. Councilmember Brown gave the invocation, followed by the Pledge of Allegiance. EMPLOYEE RECOGNITION Mayor Touchberry presented a Certificate of Excellence to Lenny Larkin, IT Manager. APPROVAL OF MINUTES OF PREVIOUS MEETINGS Mr. Waring made a motion, seconded by Mr. Brown, to approve the minutes of the January 11, 2024 Town Council meeting, the January 25, 2024 Special Council Meeting (workshop), and the February 5, 2024 Standing Committee Meeting minutes. The motion carried unanimously, and the minutes were accepted into record. PUBLIC COMMENT – FEBRUARY 8, 2024 AGENDA ITEMS Mayor Touchberry opened the floor for public comment on items on the February 8, 2024 agenda. There being no comments, Mayor Touchberry closed this part of the meeting. PETITIONS Mr. Waring made a motion, seconded by Mr. Jackson, to give first reading to an ordinance to annex TMS# 136-07-02-005, located at 1223 Central Avenue, and totaling approximately 2 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. The motion carried unanimously. Town Council Meeting Minutes – February 8, 2024 Page 2 PENDING BILLS AND RESOLUTIONS Mr. Brown made a motion, seconded by Mr. Waring, to give second and final reading to 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 motion carried unanimously. INTRODUCTION OF BILLS AND RESOLUTIONS Mr. Jackson made a motion, seconded by Ms. Johnson-Wilson, to give first reading to an ordinance to amend Chapter 20, Article VI (Summerville Open for Business Program) by: amending Sections 20-201, 20-202, 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. Some discussion followed. The motion carried unanimously. Mr. Waring made a motion, seconded by Mr. Jackson, to give first reading to an ordinance to rezone TMS# 137-14-09-043, located at 114 Sasportas Lane, totaling approximately 0.766 acres, and owned by Mary and Raymond VonDohlen, from GR-2, General Residential (2 units/acre), to GR-5, General Residential (5 units/acre). The motion carried unanimously. MISCELLANEOUS Mr. Jackson made a motion, seconded by Ms. Johnson-Wilson, to authorize the Town Administrator to enter into a contract with Terracon Consultants, Inc. for Brownfields Environmental Consulting Services for $488,600. Terracon was selected through the RFP process. The funding for this is to come from the USEPA FY23 EPA Brownfields Community-Wide Assessment Grant. No match is required. Some discussion followed. The motion carried unanimously. Todd Jones with AMH (American Homes 4 Rent) gave an update on the company’s development on Noisette Row. He stated that during the planning process of Noisette Row, the Town and the residents of the area asked for an agreement for AMH to sell the homes instead of rent them. AMH has sold 1 and has 1 house under contract. Mr. Jones requested a 3 year extension to lease the unsold homes and then to sell gain after the 3 year extension. No action was taken by Council. PUBLIC COMMENTS (open) Mayor Touchberry opened the floor for public comments on any topic. Town Clerk read a letter from Diane Frankenberger. The letter has been included with the minutes. Tammie Taylor read a letter on behalf of the Town’s business owners and citizens, addressing the need of the Town to have more connectivity for bicycles and pedestrians, as well as addressing the needs of the safety of bicyclist and pedestrians. She stated that Council needs to prioritize sidewalks and crosswalks. Sandy O’Keefe stated that over the last ten years, the roads in town have become more unsafe with the increase in population. She stated that as a cyclist and runner, she has had several unpleasant experiences trying to ride/run the roads of the Town. She also stated that several bike lanes are too small, and many Town roads don’t have a shoulder. Eric Epstine stated that he supported the letter from Tammie Taylor. He stated that he lives within walking distance to Hutchinson Square, but he will not allow his children to ride their bikes or walk there Town Council Meeting Minutes – February 8, 2024 Page 3 because of the dangerous traffic. He stated that the Town needs to be more connected with sidewalks, and safer with more crosswalks. Christopher McClure, Director of “Bike/Walk Summerville” group, stated that he was very happy to have the voice of the bicycling/pedestrian community heard during the election. He stated that his group solves problems and advocates for change in the future for bicycle/pedestrian safety. Linda Whetsell stated that her daily life is stressed because of the businesses behind her house, including the fumes and the noise coming from them. She stated that she was almost attacked by a rottweiler when she walked out of her house. She stated that her neighbors are letting their dogs defecate in her yard, and that they do not pick it up. She says that her backyard is flooding. EXECUTIVE SESSION: Mr. Waring made a motion, seconded by Mr. Jackson, to enter into Executive Session to discuss Contractual and Legal Matters Related to Property Acquisition Near Summerville Preserve; and to discuss Contractual and Personnel Matters Related to Town Administrator Search Process. The motion carried unanimously, and Council entered into Executive Session at 7:10pm. Council reconvened at 7:31pm. Town Attorney GW Parker stated that Council met in Executive Session to discuss Contractual and Legal Matters Related to Property Acquisition Near Summerville Preserve; and to discuss Contractual and Personnel Matters Related to Town Administrator Search Process. He stated that no action was taken in Executive Session. OTHER BUSINESS: n/a ADJOURN: Mr. Waring made a motion, seconded by Mr. Jackson, to adjourn. The motion carried unanimously, and the meeting adjourned at 7:32pm. Respectfully Submitted, APPROVED: Beth Messervy, Town Clerk Russ Touchberry, Mayor  Mayor Town Administrator Russ Touchberry Lisa Wallace Council Members: Town Clerk Aaron Brown Beth Messervy Tiffany Johnson-Wilson Richard G. Waring, IV Town Attorney Kima Garten-Schmidt G.W. Parker Bob Jackson Town of Summerville SPECIAL COUNCIL MEETING MID-YEAR BUDGET REVIEW MINUTES February 15, 2024 ATTENDANCE Present: Mayor Russ Touchberry, Councilmembers Kima Garten-Schmidt, Bob Jackson, Aaron Brown, Tiffany Johnson-Wilson 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 at the Cambria Hotel at 405 Sigma Drive, Summerville, and was livestreamed from the Town’s website. CALL TO ORDER AND WELCOME Mayor Touchberry called the meeting to order at 9:00am on Thursday, February 15, 2024. REPORT FROM GREATER SUMMERVILLE CHAMBER OF COMMERCE Cassie Ford, the Tourism Director for the Chamber, gave a presentation of how she works to bring more tourists to the Town through special events, targeted marketing, and advertising. REPORT FROM SUMMERVILLE DREAM Steve Doniger gave a presentation about the values of DREAM: collaboration, competition, and research and development, and how those values shape the way that DREAM works to help the Town. DISCUSSION WITH CHAMBER & DREAM ON LEADING VISIONING PLANNING PROCESS Mayor Touchberry stated that he would like to see the Chamber and DREAM partner to organize groups to update the Town’s vision plan and come up with a strategic plan to get the vision started. Ms. Garten-Schmidt stated that the Town needs to reprioritize what they would want to see in an open forum of citizens for input. Rita Berry, President/CEO of the Chamber, reported that the Chamber’s intercity visits will start up again, which serve as a good way to see how other municipalities put their vision into actions. Ms. Berry stated that she would like a third party to come in and organize the citizen input sessions for the vision plan. Jessi Shuler, Director of Planning, stated that a 5 year update to the comprehensive plan is due in 2025, so she Special Town Council Meeting Minutes – February 15, 2024 Page 2 suggested starting with the existing vision plan and reassess to include the Town’s current needs. Some discussion followed. No action was taken. UPDATE ON MIDTOWN TIF David Cheatwood, with First Tryon, gave a brief overview of the Midtown TIF District and Midtown Redevelopment Plan. He presented the October 2024 financial projections, and stated that the revenue generated by the TIF in FY 24 will be used to pay debt service on 2022 bonds in 2025. Mr. Cheatwood answered questions for the Council. EMPLOYEE RETENTION AND BENEFITS DISCUSSION Town Administrator Lisa Wallace gave a recap of the timeline of how staff gathered information from employees about what benefits they value the most. She stated that one of the priorities that staff identified was flex work schedules. Staff’s recommendation is for the Town to explore a 60-90 “pilot program” of a flex work schedule and to report back to Council. Ms. Wallace stated that another employee priority is increased leave time. Currently, Town employees do not have any bereavement leave. Staff’s recommendation is to authorize up to 3 days for bereavement leave. Some discussion followed regarding employee pay and evaluations. Ms. Wallace reported that another employee priority is health insurance for retirees. She stated that currently, there are no funding options available to supplement the cost. Staff’s recommendation is to consider implementation of a 100% cost to the retiree policy. Some discussion followed. **Council recessed at 12:24pm for lunch. Council reconvened at 1:00pm.** RECAP OF FY23 AUDIT REPORT Rhonda Moore, Finance Director, reported that the Town ended the FY23 with a surplus of $3 million, which is small compared to the $40 million budget. She stated that the Town took in more revenue than anticipated in property taxes, licenses, permits, and fees. REPORT ON FY24 GF REVENUES, ARPA, AND OTHER FUNDING SOURCES Ms. Moore reported that 74% of revenue was generated from property taxes and business licenses. She stated that 30% of the business license revenue was generated by out of town contractors. Ms. Moore reviewed how the Town has spent American Rescue Plan funds so far, and that the Town has $1,762,974 remaining to allocate before December 31, 2024. Ms. Wallace reported that the restrictions on how ARPA funds are to be used have loosened, giving the Town more leeway in how they spend those funds. DISCUSSION AND CONSIDERATION OF CAPITAL FUNDING REQUESTS Ms. Moore reviewed a list of line items of capital requests. The chart showed that all capital requests are underfunded by $192,082. Ms. Wallace stated that staff would make adjustments and bring back the requests to Council at the March Finance Committee meeting. Special Town Council Meeting Minutes – February 15, 2024 Page 3 EXECUTIVE SESSION: Mr. Jackson made a motion, seconded by Ms. Waring, to enter into Executive Session to discuss the following: • Contractual Matters Related to Dorchester County Magistrate’s Temporary Use of Courtroom Facilities • Contractual Matters Related to the Office of the Public Defender Agreement • Personnel Matters Related to Municipal Court Duties and Compensation The motion carried, and Council entered into Executive Session at 2:30pm. Council reconvened at 3:20pm. 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 Matters Related to Dorchester County Magistrate’s Temporary Use of Courtroom Facilities • Contractual Matters Related to the Office of the Public Defender Agreement • Personnel Matters Related to Municipal Court Duties and Compensation OTHER BUSINESS: Mr. Brown made a motion, seconded by Mr. Jackson, to authorize the Town Administrator to execute a contract with Dorchester County Chief Magistrate Jenkins for the County’s temporary use of the Town’s bond court facilities. The motion carried unanimously. Mr. Waring made a motion, seconded by Ms. Garten-Schmidt, to authorize the Town Administrator to negotiate a contract with the Public Defender’s Office for public defender services. The motion carried unanimously. Ms. Johnson-Wilson made a motion, seconded by Ms. Garten-Schmidt, to authorize the Mayor to coordinate with the Finance Department the compensation for municipal court staff within the limits of the budget. The motion carried unanimously. ADJOURN: Mr. Brown made a motion, seconded by Ms. Jackson, to adjourn the meeting. The motion carried unanimously, and Mayor Touchberry adjourned the meeting at 3:22pm. Respectfully Submitted, APPROVED: Beth Messervy, Town Clerk Russ Touchberry, 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: March 12, 2024 RE: March Parks & Recreation Committee Minutes The Parks & Recreation Committee met on Monday, March 11, 2024 in the Council Chambers of the Town Hall Annex. Chairman Bob Jackson and committee members Tiffany Johnson-Wilson and Aaron Brown participated in the meeting. The meeting was called to order at 5:31 PM. Ms. Evans shared recent photos and updates for ongoing projects. She shared that the Wassamassaw playground ribbon cutting event had been scheduled for February 19, 2024 at 4:00 PM. She also shared that the crew working on the Doty Splash pad had returned to Summerville to continue construction. Tentative opening will be early summer 2024. Lastly, Ms. Evans reported that repairs to the Gahagan retaining walls had been completed. Ms. Evans shared that Ms. Johnson-Wilson asked her to research differential pricing for programs for residents versus non-residents. This is a common practice in surrounding recreation departments and cities. Ms. Evans recommended that an approximate 20% Town resident discount for programs be included in the fee schedule that will be approved as part of the budget approval process. The new structure would go into effect July 1, 2024. Ms. Johnson-Wilson clarified that current pricing for residents would remain the same. No action was necessary at this time. Ms. Evans discussed using impact fees to design a custom concrete skatepark at the current site. Mr. Jackson asked if we could research existing skateparks that we like and duplicate designs. Ms. Evans stated that the shape of the site might make that difficult. Ms. Johnson- Wilson shared that there were some features such as a pump track that might be unique to our park. Mr. Jackson stated that he thought it would be best to wait until the budget retreat to allocate impact fees. Ms. Evans requested authorization to explore grant funding for the design of an Environmental Education Center at the Summerville Preserve. The committee supported  Page 2 of 2 this request. Mr. Jackson suggested staff reach out to Florence to see how they obtained funding for a similar facility. Mr. Jackson requested that a Parks & Recreation Grant Writer position, whether full or part-time, be included in this year’s budget requests. With no other business to discuss, Mr. Brown made a motion (seconded by Ms. Johnson- Wilson) to adjourn. Motion passed unanimously and the meeting adjourned at 5:42 PM. Sincerely, Amy Evans Parks & Recreation Director Town of Summerville Mailing: 200 South Main Street | Summerville, SC 29483 Physical: 515 West Boundary Street | Summerville, SC 29483 Office: (843)851-5211 | Fax: (843)851-5214  PLANNING AND DEVELOPMENT COMMITTEE REPORT for March 11, 2024 5:30 PM The Planning and Development Committee of Town Council met on March 11, 2024. The meeting was held in the Council Chambers of Town Hall, 200 S. Main Street, Summerville, SC. Committee members present included Richard Waring, Council District 4; 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 5:43 PM immediately following the Parks and Recreation Committee meeting. Site Plan Approval: Ms. Shuler introduced the approval of site plan/buffers for 160 Community Road, Summerville Commissioners of Public Works (SCPW) storage yard (Zoned PL). She noted that this was the property that SCPW purchased rezoned to PL in the last few years, and they are proposing to move forward with clearing a portion of the site to use for material storage. Due to the PL zoning designation, Town Council is required to approve the site plan, including the buffers. Mr. Jackson asked if this was the existing site on Community Road, and Ms. Shuler responded that it was a new site across the street from the existing site as SCPW needed additional area for material storage due to longer wait times for delivery of materials requiring them to order in advance to have them available. Mr. Waring explained that he’d spoken to SCPW, and they confirmed that they would be installing a fence between them and the adjacent residential properties, which was his main concern. Mr. Jackson made a motion to recommend approval to full Council, and Mr. Waring made the second. The motion passed unanimously. Following no additional business or discussion, the meeting was adjourned at 5:44 PM on a motion by Mr. Jackson and a second by Mr. Waring. Respectfully submitted, Jessi Shuler, AICP March 12, 2024 Director of Planning Mayor Town Administrator Russ Touchberry Lisa Wallace Town Clerk Council Members: Beth Messervy Bob Jackson Aaron Brown Town Attorney Tiffany Johnson-Wilson G.W. Parker Kima Garten-Schmidt Richard G. Waring, IV Town of Summerville PUBLIC WORKS AND COMMITTEE ON WATER SUPPLY March 11, 2024 The Public Works and Committee on Water Supply met on Monday, March 11, 2024 in Council Chambers at 200 South Main Street. Kima Garten-Schmidt called the meeting to order at 5:46pm. Committee members Kima Garten-Schmidt, Richard G. Waring, IV, and Tiffany Johnson-Wilson were present, as well as Bonnie Miley, Town Engineer. The public and press were duly notified, and the meeting was livestreamed from the Town’s website. Mark Campbell, Streets Manager, presented a pilot program for yard debris pickup. He explained that the current trucks are not meant to go out on roads as far as they are as the Town is expanding. Instead, he proposed having 1 new rear loading trash truck with a crew of 3, instead of 3 pieces of equipment with a crew of 5. He also explained that citizens would be given, or have to purchase, bags or containers for their yard debris. Mr. Campbell answered questions from the Committee. Mr. Waring made a motion, seconded by Ms. Johnson-Wilson, to move the item to the Council agenda for March 14, 2024. The motion carried. Ms. Miley explained that the renovation of 118 West Richardson Avenue (formerly the Century 21 building) has not gone in front of the Board of Architectural Review yet, but that staff would like to be proactive in presenting all of the information to Council at this time. Gilbert + Lee, the general contractors on the renovation and construction project requested to lease a small portion of Town-owned property near the building as a lay down/staging area during construction. Justin Lee attended and was able to explain the intricacies of the project and how the staging area is critical to providing the most efficient way to complete construction. Mr. Lee answered questions from the Committee about the project. Mr. Waring made a motion, seconded by Ms. Johnson-Wilson, to move the item to full Council with a recommendation for approval. The motion carried unanimously. Mr. Lee then stated that he needs to bore underneath the parking garage to get more electricity to the building at 118 West Richardson Avenue. He explained the process of boring the hole and running the line. Some discussion followed. Mr. Waring made a motion, seconded by Ms. Johnson-Wilson, to move the item to full Council with a recommendation for approval. The motion carried unanimously. Ms. Miley stated that the SCDOT has put in a request to quit claim property along the Berlin G. Myers Parkway – Phase 2 to the Town. Some discussion followed. Ms. Johnson-Wilson made a motion, seconded by Mr. Waring, to advise staff to ask SCDOT if the deed restrictions on the property could be removed before the Town considers accepting the property. The motion carried unanimously. Mr. Waring made a motion, seconded by Ms. Johnson-Wilson to adjourn the meeting. The meeting adjourned at 6:27pm with a unanimous vote. Respectfully submitted, __________________________ Beth Messervy, Town Clerk  TOWN of SUMMERVILLE, SC FINANCE COMMITTEE REPORT March 11, 2024 The Finance Committee met on Monday, March 11, 2024. Present were Mayor Touchberry and Committee members Bob Jackson, 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 6:31pm. Presentation Finance Director Rhonda Moore presented the February 2024 financial of Financial statements. She answered questions from the Finance Committee. Statements Mid-Year Ms. Moore presented the mid-year budget requests and answered questions Budget from the Committee about specific line items. Mr. Waring made a motion, Requests seconded by Mr. Jackson, to approve page 1 of the list (American Rescue Plan Funds) as presented. Some discussion followed. The motion carried unanimously. Mr. Jackson made a motion, seconded by Mr. Brown, to approve the expenditures on page 2 of the list (funds from other funding sources). Some discussion followed. The motion carried 5-1, with Ms. Johnson-Wilson voting in opposition. Page 3 of the list contained two items for further discussion: funding a $250,000 from the Dorchester County Community Outreach for assistance in building a homeless shelter, and $200,000 to help fund the Central Avenue sidewalk. The committee discussed both items, and it was decided that both items be put on the agenda for the Budget Review on April 25-26, 2024. No action was taken on the items. Surplus Mr. Jackson made a motion, seconded by Ms. Johnson-Wilson, to approve Vehicles the request to surplus and sell the following SPD vehicles: Unit 284 – 2015 Dodge Charger (white) - Mileage 104,481 and Unit 286 – 2015 Dodge Charger (white) - Mileage 106,218. The motion carried unanimously. Mr. Waring made a motion, seconded by Ms. Johnson-Wilson, to approve the request to surplus and sell the following Stormwater vehicles: WM 95 2003 John Deere 310SG backhoe and WM 98, 2006 Case CX80 medium size excavator. Funds to be deposited in Storm Water Fund Balance upon receipt. The motion carried unanimously. Finance Committee Report March 11, 2024 Page 2 Miscellaneous Mr. Brown made a motion, seconded by Ms. Garten-Schmidt, to approve a transfer of SPD vehicle Unit 338 (2017 Ford Taurus) to the Town Prosecutor’s Office for the Victim Advocate. The motion carried unanimously. Mr. Jackson made a motion, seconded by Mr. Brown, to issue a purchase order to Cooper Motor Company in the amount of $84,655 for a 2024 RAM 3500. This is on state contract. Funds to come from budgeted ARPA funds. Request from the Parks and Recreation Department. The motion carried unanimously. Mr. Jackson made a motion, seconded by Ms. Garten-Schmidt, to issue a purchase order to Brannen Motor Company in the amount of $59,990 for the purchase of a 2024 Silverado 2500 for the Fire Department. Funds to come from budgeted ARPA funds. The motion carried unanimously. Mr. Jackson made a motion, seconded by Mr. Brown, to move the request to spend up to $15,000 in Parks and Recreation Impact Fees for the design of the custom skatepark. The motion carried 5-1, with Ms. Johnson-Wilson voting in opposition. Ms. Garten-Schmidt made a motion, seconded by Mr. Waring, to accept a $400,000 grant from SCPRT and to solicit bids for the Central Avenue sidewalk project with the understanding that the Town will continue to seek additional funding for the anticipated shortfall from other sources. The motion carried unanimously. Mr. Waring made a motion, seconded by Mr. Jackson, to defer the authorization of the Town Administrator to execute an agreement with the First Circuit Public Defenders Office to provide indigent defense services to the Thursday Council meeting (March 14, 2024). The motion carried unanimously. Executive N/A Session Other N/A Business Adjourn Mr. Waring made a motion, seconded by Mr. Jackson, to adjourn the meeting. The motion carried unanimously, and the meeting adjourned at 7:00pm. 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 ROBERT NORMAN & CYNTHIA TILL THOMAS, ADJACENT TO THE BOUNDARY LINE OF THE TOWN, AS DESCRIBED ON THE DEED AND RECORDED PLAT ATTACHED HERETO AND INCORPORATED BY REFERENCE: WHEREAS, the owner of the real estate designated as Dorchester County TMS #136-07-02-005, located at 1223 Central Avenue and totaling approximately 2 acres, has petitioned the Town Council of the Town of Summerville to annex into the Town of Summerville. NOW, THEREFORE BE IT ORDAINED by the Mayor and Members of Town Council duly assembled; SECTION I. That the described land on the attached deed and recorded plat, contiguous to the boundary of the Town of Summerville is hereby annexed to, taken into and made a part of the Town of Summerville and including the public roadway(s) immediately adjacent to the property lines of the parcel for the purposes of providing public service to the parcel. SECTION II. That the properties above described and hereby annexed shall be Zoned N-B “Neighborhood Business” and be classified as “Neighborhood Business” 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: ___Janaury 22, 2024_____ FIRST READING: _____ ________ _______ SECOND READING: ________ _________  Annexation and Zoning Summerville to N-B Planning 100 W BUTTERNUT RD 1300 CENTRAL AVE Apt G13 1300 611 CENTRAL AVE WOODWARD 1300 Apt F6 BLVD 606 1225 CENTRAL WOODWARD 103 CENTRAL AVE Apt E9 BLVD AMBERWOOD DR AVE 604 WOODWARD 106 SANDLEWOOD DR BLVD 602 WOODWARD BLVD 207 AMBERWOOD DR 211 AMBERWOOD DR 202 601 307 AMBERWOOD DR 211 JASMINE DR WOODWARD BLVD SANDLEWOOD DR 301 SANDLEWOOD DR 518 305 SANDLEWOOD DR 207 WOODWARD JASMINE DR 404 SANDLEWOOD DR BLVD 513 202 WOODWARD BLVD 409 801 LAKE SAGEBRUSH LN SANDLEWOOD DR POINTE 514 105 ALYSSA LN AVE 204 WOODWARD SAGEBRUSH LN 509 301 LAKE 806 LAKE POINTE AVE BLVD WOODWARD BLVD POINTE AVE 206 308 LAKE POINTE AVE 100 LAKE 512 WOODWARD SAGEBRUSH LN POINTE AVE BLVD 209 SAGEBRUSH LN 9/11/2023 1:3,381 0 0.02 0.04 0.09 mi Summerville Addresses MF-R PUD Annexation World RequestImagery Zoning Districts N-B Summerville Parcels Low Resolution 15m Imagery 0 0.04 0.07 0.15 km Maxar, Microsoft GR-5 PL Dorchester Parcels High Resolution 60cm Imagery  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 20, ARTICLE VI BY: AMENDING SECTIONS 20-201, 20-202, 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. Sections 20-204, 20-205, 20-206, 20-207, 20-208 and 20-209 of Chapter 20, Article VI are hereby deleted in their entirety. 3. Chapter 20, Article VI Town of Summerville Code of Ordinances is hereby 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 Commercial Historic District as shown on the map attached hereto as Exhibit A and incorporated herein by reference. The provisions herein allow and permit the town to offer certain incentives or inducements to a person, firm, businesses or corporation 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 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 commercial 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, applications and the formation of an incentive agreement 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, business or corporation setting forth the particular requirements of the revitalization, as applicable, and the commercial revitalization incentives associated therewith. (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 , 2024 A.D. ____________________________________ Russ Touchberry, Mayor Town of Summerville ATTEST: ___________________________ Beth Messervy, Town Clerk Introduction and First Reading: _____________ Second and Final Reading: _________________ 3  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 0.766 acres owned by Mary and Raymond VonDohlen located at 114 Sasportas Lane and known as Dorchester TMS# 137-14-09-043 be rezoned to the classification of GR-5 “General Residential” from the classification of GR-2 “General Residential” The Zoning Map of the Town of Summerville is hereby amended so as to incorporate this change. Ratified this day of , 2024. Russ Touchberry, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: January 22, 2024 FIRST READING: _______________ SECOND READING: _____  Rezoning Exhibit 108 E RICHLAND ST 115 E RICHLAND ST 914 S MAIN ST 907 S MAIN ST 909 S MAIN ST 104 SASPORTAS LN 918 S MAIN ST 200 E RICHLAND ST 917 S MAIN ST 106 SASPORTAS LN 208 E RICHLAND ST 920 S MAIN ST 108 SASPORTAS LN 105 SASPORTAS LN 923 S MAIN ST 107 SASPORTAS LN 104 GRAHAM LN 103 GRAHAM LN 114 SASPORTAS LN 108 GRAHAM LN 111 SASPORTAS LN 110 GRAHAM LN 105 GRAHAM LN 113 SASPORTAS LN 927 S MAIN ST 112 GRAHAM LN 115 SASPORTAS LN 118 GRAHAM LN 113 GRAHAM LN 931 S MAIN ST 117 GRAHAM LN 120 SASPORTAS LN 119 GRAHAM LN 1/16/2024 1:1,690 0 0.01 0.02 0.04 mi Summerville Addresses N-R Rezoning Request World Imagery High Resolution 30cm Imagery Summerville Parcels-Copy Null Low Resolution 15m Imagery Citations 0 0.02 0.04 0.07 km Maxar, Microsoft GR-5 PL High Resolution 60cm Imagery 30cm Resolution Metadata GR-2  ORDINANCE AN ORDINANCE TO AMEND THE ORDINANCE OF THE TOWN OF SUMMERVILLE, CHAPTER 16, ARTICLE I, BY ADDING A NEW SECTION 16 ENTITLED HATE INTIMIDATION WHEREAS, the resident and visitors of the Town of Summerville (Town) are a diverse collection of individuals representing a multitude of races, colors, creeds, religions, ancestries, sexual orientation, gender, gender identities, physical and mental disabilities, and national origins; and WHEREAS, the Town of Summerville values and wishes to protect its residents and visitors irrespective of their race, color, creed, religion, ancestry, gender, sexual orientation, gender identity, physical or mental disability, or national origin; and WHEREAS, crimes that are motivated by bias or hate towards any person or persons, in whole or in part, because or the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, gender, gender identity, physical or mental disability, or national origin of any person are an affront to the values held by the Town; and WHEREAS, the State of South Carolina has yet to adopt a statewide Hate Crime Legislation, and is only one of two states in the United States who have yet to adopt such protections for its citizens and visitors; and WHEREAS, the Town of Summerville desires to enact a new section of its Code of Ordinances in order to protect its residents and visitors and deter crimes motivated by bias or hate towards any person or persons, in whole or in part, because of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, gender, gender identity, physical or mental disability, or national origin of any person, and provide separate appropriate penalties in addition to the punishment for the underlying violation of the ordinances of the Town; and WHEREAS, Summerville Town Council has the authority to enact new sections of its Code of Ordinances when deemed to be in the best interest of the citizens of the Town, and now desires to do so as displayed below. 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 16, Article I is hereby amended by adding a new Section 16 so that it will hereafter read: Page 1 of 2 Sec. 16 - HATE INTIMIDATION. (a) A person who violates Chapter 16 Article I, Section 16 of the Town of Summerville Code of Ordinances, any act or omission which is prohibited or declared unlawful under this Code of Ordinances, or any provision of State law within the municipal limits of the Town of Summerville, with the intent to intimidate a person or persons, in whole or in part, because of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, gender, gender identity, physical or mental disability, or national origin of any person is guilty of the separate offense of hate intimidation and shall be punished as provided in item (b) here within. Sentences shall run consecutive to one another unless the Court specifies on the record good cause why they should run concurrently. (b) Fines imposed under this section for contemporaneous or concurrent violations of this section shall be assessed for each violation, (1) A violation of this section shall be a misdemeanor and punishable by a fine of not more than $500.00 and/or by imprisonment for not more than 30 days. The sentence imposed must be consecutive to the sentence for the underlying criminal offense unless the Court articulates on the record the reasons why the sentences should run concurrently. (2) The Court may impose community service or participation in an educational program for violation of this Section. (3) Any sentence may be suspended upon completion by the defendant of appropriate education, counseling or community service employment as ordered by the Court. (4) The Court may also designate all or part of the imposed fine be directed to the support of programs designed to combat bias based on ethnicity, national origin, color, religion, sexual orientation, gender and gender identity or physical or mental disability. (c) Restitution authorized. In addition to the penalties provided for above, the Court may order restitution up to the limits of the Court’s jurisdiction for damages sustained by the victim of this offense directly related to the commission of the crime which may include compensation for medical bills, counseling or therapy or damage to property sustained by the victim as a result of the underlying criminal offense. AND, IT IS SO ORDAINED! ___________________________________ Russ Touchberry, Mayor Town of Summerville ATTEST: ___________________________ Beth Messervy, Town Clerk First Reading: _____________ Second Reading: ___________ Page 2 of 2  ORDINANCE AN ORDINANCE TO GRANT UNTO DORCHESTER COUNTY, SOUTH CAROLINA A PERMANENT SEWER EASEMENT ACROSS TOWN PROPERTY KNOWN AS TMS:130-10-00-066 LOCATED ON HIGHWAY 78, SUMMERVILLE, SOUTH CAROLINA. Whereas, Dorchester County is construc�ng and improving the sewage collec�on, treatment and disposal facili�es in the vicinity of Highway 78 and North Maple Street which is in conjunc�on with the North Maple Street Expansion Project, and Whereas, a fi�een (15) foot Sewer Easement is necessary for the comple�on of said project across Town owned property known as TMS130-10-00-066, and Whereas, said project will benefit the residents of and visitors to the Town of Summerville, and Whereas, Town Council is so minded to grant said Easement. 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. The Mayor or the Town Administrator are herby authorized to execute the Grant of Permanent Sewer Easement which is attached hereto and incorporated herein to the same extent as if set out verbatim. AND, IT IS SO ORDAINED! Dated this day of , 2024 A.D. ____________________________________ Russ Touchberry, Mayor Town of Summerville ATTEST: ___________________________ Beth Messervy, Town Clerk First Reading: _____________ Second Reading: ___________  ORDINANCE AN ORDINANCE TO GRANT UNTO DORCHESTER COUNTY, SOUTH CAROLINA A PERMANENT SEWER EASEMENT ACROSS TOWN PROPERTY KNOWN AS TMS:130-10-00-047 LOCATED ON HIGHWAY 78, SUMMERVILLE, SOUTH CAROLINA. Whereas, Dorchester County is construc�ng and improving the sewage collec�on, treatment and disposal facili�es in the vicinity of Highway 78 and North Maple Street which is in conjunc�on with the North Maple Street Expansion Project, and Whereas, a fi�een (15) foot Sewer Easement is necessary for the comple�on of said project across Town owned property known as TMS130-10-00-047, and Whereas, said project will benefit the residents of and visitors to the Town of Summerville, and Whereas, Town Council is so minded to grant said Easement. 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. The Mayor or the Town Administrator are hereby authorized to execute the Grant of Permanent Sewer Easement which is attached hereto and incorporated herein to the same extent as if set out verbatim. AND, IT IS SO ORDAINED! Dated this day of , 2024 A.D. ____________________________________ Russ Touchberry, Mayor Town of Summerville ATTEST: ___________________________ Beth Messervy, Town Clerk First Reading: _____________ Second Reading: ___________  ORDINANCE AN ORDINANCE TO APPROVE A PROPERTY AGREEMENT WITH GILBERT AND LEE CONSTRUCTION FOR A MATERIAL LAY DOWN AREA ON TOWN PROPERTY KNOWN AS TMS:137-06-00-001 LOCATED ON SHORT CENTRAL AVE., SUMMERVILLE, SOUTH CAROLINA. WHEREAS, Gilbert and Lee Construction (Gilbert & Lee) are under contract to renovate 118 W. Richardson Ave., and WHEREAS, in order to make the renovation feasible to undertake, a materials lay down area is necessary, and WHEREAS, the Town and Gilbert & Lee intend to enter into a Property Agreement which is attached hereto and incorporated herein to the same extent as if set out verbatim, and WHEREAS, said renovation will attract visitors to the downtown area, will be of benefit to the Town and approve the appearance of the area, and WHEREAS, Town Council is so minded to execute said Property Agreement. 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. The Mayor or the Town Administrator are hereby authorized to execute the Property Agreement attached hereto. AND, IT IS SO ORDAINED! Dated this day of , 2024 A.D. ____________________________________ Russ Touchberry, Mayor Town of Summerville ATTEST: ___________________________ Beth Messervy, Town Clerk First Reading: _____________ Second Reading: ___________ 1  PROPERTY AGREEMENT Property Address: 109 Central Avenue, Summerville, SC 29483 Purpose: To provide a materials lay down area to Gilbert & Lee Construction on Town owned property Dorchester Co. TMS: 137-07-06-001 (a portion thereof) as shown on the attached Site Logistics Plan which is attached hereto and incorporated herein to the same extent as if set out verbatim Term: Six (6) Months Effective May 1, 2024 through October 31, 2024 Compensation: Three Hundred and 00/100 Dollars ($300.00) per month to be paid on the First day of the month beginning May 1, 2024 to be made Payable to RE/MAX Southern Shores and to be disbursed from RE/MAX Southern Shores to Town of Summerville Deposit: Five Hundred and 00/100 Dollars ($500.00) Deposit shall be held in RE/MAX Southern Shores’ Escrow Account The Town of Summerville does hereby grant permission to Gilbert & Lee Construction to utilize the above- referenced property for the purpose of parking equipment, and storing/stocking construction materials associated with the construction project at the property known as 118 W. Richardson Ave., Summerville, SC 29483. Gilbert & Lee Construction hereby certifies that Gilbert & Lee Construction shall restore the property to its original condition upon the end of the term of this agreement. Inclusive of restoration of the property, Gilbert & Lee Construction shall ensure that all trees, landscaping and sidewalk areas are protected during use and restored upon completion of the construction project. Gilbert & Lee Construction shall place and maintain through the term of the Private Property Agreement, a General Liability Insurance Policy in an amount not less than One Million and 00/100 Dollars ($1,000,000.00), naming The Town of Summerville as both Certificate Holder and Additional Insured. Gilbert & Lee Construction shall defend the Town of Summerville against any claim, demand, suit or proceeding made or brought against the Town by a third party claiming damages growing out of the use of the Town property for a materials lay down area. Wherefore, the parties have set forth their hands and seals as of the date adjacent to their signature. _________________________________________________ ___________________ Town of Summerville By: __________________________ Date Its: __________________________ _________________________________________________ ___________________ Gilbert & Lee Construction By: ____________________ Date Its: __________________________  160 Community Road 160 COMMUNITY RD 3/5/2024 1:845 0 0.01 0.01 0.02 mi 0 0.01 0.01 0.03 km Maxar, Microsoft State of South Carolina ) MUTUAL AID AND LAW ENFORCEMENT ) SUPPORT AGREEMENT BETWEEN THE County of Horry ) CITY OF NORTH MYRTLE BEACH AND THE SUMMMERVILLE POLICE DEPARTMENT Whereas, the Law Enforcement and Support Act (the Act), beginning at § 23-20-10 et seq. of the South Carolina Code of Laws, § 23-20-30 provides “ Any county, incorporated municipality, or other political subdivision of this State may enter into mutual aid agreements for the proper and prudent exercise of public safety functions. All agreements must adhere to the requirements contained in § 23-20-40”; and Whereas, § 23-20-20(4) of the Act defines a Mutual Aid Agreement as “any agreement entered into on behalf of a law enforcement agency in this State for the purpose of providing the proper and prudent exercise of public safety functions across jurisdictional lines, including, but not limited to, multijurisdictional task forces, criminal investigations, patrol services, crowd control, traffic control and safety, and other emergency service situations. Such agreements must not be permitted for the sole purpose of speed enforcement”; and Whereas, § 23-20-20 also defines the following as: (1) "Law enforcement agency" means any state, county, municipal, or local law enforcement authority that enters into an agreement for the procurement of law enforcement support services. (2) "Law enforcement provider" means any in-state or out-of-state law enforcement authority that provides law enforcement services to a law enforcement agency pursuant to this chapter. (3) "Law enforcement services" means any law enforcement assistance or service performed by a certified law enforcement officer; and (4) "Mutual aid agreement" means any agreement entered into on behalf of a law enforcement agency in this State for the purpose of providing the proper and prudent exercise of public safety functions across jurisdictional lines, including, but not limited to, multijurisdictional task forces, criminal investigations, patrol services, crowd control, traffic control and safety, and other emergency service situations. Such agreements must not be permitted for the sole purpose of speed enforcement. 1 Whereas, § 23-20-40 provides (A) All mutual aid agreements for law enforcement services must be in writing and include, but may not be limited to, the following: (1) a statement of specific services to be provided; (2) specific language dealing with financial agreements between the parties; (3) specification of the records to be maintained concerning the performance of services to be provided to the agency; (4) language dealing with the duration, modification, and termination of the agreement; (5) specific language dealing with the legal contingencies for any lawsuits or the payment of damages that arise from the provided services; (6) a stipulation as to which law enforcement authority maintains control over the law enforcement provider’s personnel; (7) specific arrangements for the use of equipment and facilities; and (8) specific language dealing with the processing of requests for information pursuant to the Freedom of Information Act for public safety functions performed or arising under these agreements. (B) Except as provided in subsection (C), a mutual aid agreement entered into on behalf of a law enforcement authority must be approved by the appropriate governing bodies of each concerned county, incorporated municipality, or other political subdivision of this State. Agreements entered into are executed between governing bodies, and, therefore, may last until the agreement is terminated by a participating party of the agreement. (C) An elected official whose office was created by the Constitution or by general law of this State is not required to seek approval from the elected official’s governing body in order to participate in mutual aid agreements. NOW THEREFORE, PURSUANT TO THE CODE OF LAWS OF SOUTH CAROLINA, SECTION 23-20-10 ET SEQ, THE NORTH MYRTLE BEACH POLICE DEPARTMENT (NMBPD) AND SUMMERVILLE POLICE DEPARTMENT THE PARTIES AGREE AS FOLLOWS: 1. TEMPORARY TRANSFER OF OFFICERS, SPECIFIC SERVICES TO BE PROVIDED, MODIFICATION AND TERMINATION OF AGREEMENT: (a) SPD shall provide Officers on a temporary basis to provide law enforcement services in the City of North Myrtle Beach, South Carolina during the Memorial Day Bike Event beginning on May 21, 2024 through May 27, 2024. The Agreement shall be effective for the period beginning at 12:00 a.m. on May 23, 2  2024, and ending at 11:59 p.m. on May 27, 2024. However, the SPD shall not be required to begin providing assistance until May 24, 2024 continuing through May 27, 2024 unless otherwise requested by the City of North Myrtle Beach to commence providing services prior to May 24, 2024 during the above referenced effective period. (b) The specific law enforcement services that the SPD shall provide include, but are not limited to, patrol services, crowd control, and traffic control. (c) This agreement shall terminate, as indicated in paragraph 1(a) on Monday, May 27, 2024 at 11:59 pm. This agreement shall not be modified unless both parties consent, in writing, to a modification. The terms of the modification shall be in writing and shall become a part of the original Agreement. 2. AUTHORITY (a) The North Myrtle Beach City Council has approved this Agreement and has authorized the SPD to request the temporary transfer of law enforcement officers from the SPD to the extent of available personnel and equipment not required for the adequate protection of the remainder of The Town of Summerville. The Police Chief or commanding officer of the SPD shall determine the amount of personnel and equipment available for law enforcement aid in North Myrtle Beach. The decision of the Police Chief or the commanding officer of the SPD shall be final. (b) The Town of Summerville authorizes the Chief of the SPD or his designee to render temporary law enforcement aid to the NMBPD to the extent of available personnel and equipment not required for adequate protection of the remainder of The Town of Summerville. (c) Law enforcement officers from the SPD acting under this Agreement shall be commanded by superior authority from within the SPD to maintain the peace or perform duties in the municipality of North Myrtle Beach, South Carolina. While in North Myrtle Beach, officers from the SPD shall be under the direction and authority of a designated person from the SPD. The designated person from the SPD with authority over the officers from the SPD shall in turn be under the direction and authority of Chief of Police for the NMBPD or the Chief’s designee. Officers from the SPD transferred to perform law enforcement duties within the City of North Myrtle Beach shall have all powers and authority of a law enforcement officer employed by the City of North Myrtle Beach. The bond for any officer transferred from the SPD shall include coverage for his/her activity in the municipality of North Myrtle Beach in the same manner and to the same extent provided by bonds of officers employed by the NMBPD. 3 COMPENSATION The NMBPD shall provide a thirty-five dollar ($35) per diem to each officer from the SPD transferred to the municipality of North Myrtle Beach pursuant to this Agreement. 3 In addition, the NMBPD shall provide lodging for each officer from the SPD transferred to the municipality of North Myrtle Beach pursuant to this Agreement. The NMBPD shall also reimburse the SPD the rate of salary or the hourly rate of wages for each officer transferred from the SPD. Such reimbursement for each officer shall include any overtime and any applicable state and federal taxes and SCPORS contributions. SPD shall submit an invoice to the NMBPD within thirty (30) days from May 27, 2024 regarding reimbursement for officers transferred pursuant to this Agreement. Reimbursement shall not include travel expenses. Other than the compensation to be paid to the SPD as indicated above, the NMBPD shall not be obligated to pay additional remuneration to the SPD however, in in the event any extraordinary cost is incurred by the SPD in the rendering of law enforcement services pursuant to this Agreement, the SPD may submit a request for compensation to off-set any extraordinary cost. The NMBPD shall not unreasonably withhold payment to the SPD for any extraordinary costs incurred by the SPD while rendering law enforcement services pursuant to this Agreement. The temporary transfer of officers from the SPD to the NMBPD pursuant to this Agreement shall in no manner affect or reduce the compensation, pension, or retirement rights of transferred or assigned officers and such officers shall continue to be paid by The Town of Summerville where such officers are permanently employed. 4. LIABILTY (a) To the extent permitted by law, and without waiving sovereign immunity, each agency shall be responsible for any and all claims, demands, suits, actions, damages and causes of action related to or arising out of or in any way connected with its own actions and the actions of its personnel in providing law enforcement services under this agreement. (b) The NMBPD and the City of North Myrtle Beach shall not be responsible for reimbursing any amounts paid or due as benefits to employees of the SPD or The Town of Summerville under the terms of the South Carolina Workers’ Compensation Act due to personal injury or death occurring while such employees are engaged in rendering aid under this Agreement. The NMBPD and The Town of Summerville shall be responsible for payment of compensation and benefits only to their respective employees. (c) All individuals retain all compensation, pension, retirement and disability rights while performing duties in accordance with this agreement, and all officers shall continue to be paid by the entity where they are permanently employed as of the dates services are rendered. (d) This Agreement shall not be construed as, or deemed to be, an agreement for the benefit of any third party or parties. No third party or parties shall have any right of action under this agreement for any cause of action whatsoever. 4  5. EQUIPMENT AND FACILITIES The SPD may utilize equipment from its own agency, if approved of by the Chief of Police for the NMBPD or his designee, in carrying out law enforcement services pursuant to this Agreement. 6. RECORDS In the event that it is necessary for any officer with the SPD to issue a uniform traffic ticket, prepare an incident report, traffic accident report, and/or prepare any document(s) necessary for the issuance of an arrest warrant, the originals of the above stated documents shall remain with and be maintained by the NMBPD. In the event it is necessary for an officer with the SPD to return to the City of North Myrtle Beach to aid in the prosecution of any traffic citation issued or arrest warrant obtained by, or with the assistance of, any officer from the SPD while he/she was performing law enforcement services pursuant to this Agreement, such officer shall reasonably cooperate with the NMBPD to return to North Myrtle Beach for the purpose of providing testimony if the matter is to be disposed of via bench trial or jury trial. The NMBPD shall pay for the officer’s mileage at the prevailing IRS mileage rate. 7. PROCESSING REQUESTS FOR INFORMATION PURSUANT TO THE SOUTH CAROLINA FREEDOM OF INFORMATION ACT Any requests for information submitted to the City of North Myrtle Beach and/or the North Myrtle Beach Police Department pursuant to the South Carolina Freedom of Information Act (FOIA) regarding public safety functions performed or arising under these agreements shall be processed by the City of North Myrtle Beach. Any requests for information submitted to SUMMERVILLE POLICE DEPARTMENT pursuant to the South Carolina Freedom of Information Act (FOIA) regarding public safety functions performed or arising under these agreements shall be processed by SUMMERVILLE POLICE DEPARTMENT. ________________________ __________________________ Michael G. Mahaney, City Manager Doug Wright, Chief of Police City of North Myrtle Beach Summerville Police Department Date: ____________________ Date: _____________________ 5  STATE OF SOUTH CAROLINA ) ) COUNTY OF DORCHESTER ) AGREEMENT THIS AGREEMENT entered into this _____ day of March, 2024, by and between the Town of Summerville, herein called the (“Town”) and the First Circuit Public Defender (herein called the “Public Defender”). WITNESSETH WHEREAS, the Town desires to contract for the representation of persons charged in criminal cases who have been determined indigent though the attention of a qualified attorney; and WHEREAS, the Town after due consideration is desirous of obtaining the services of the Public Defender to provide legal representation on behalf of the Town to Defendants in criminal cases who have been determined indigent by the Criminal Justice Coordinator as an agent for the Court and qualified to receive legal representation; and WHEREAS, the Public Defender is desirous of providing legal representation on behalf of the Town to Defendants in criminal cases who have been determined indigent by the Criminal Justice Coordinator as an agent for the Court; and WHEREAS, the parties to this Agreement wish to set forth in full their mutual agreements as to the terms, covenants and conditions under with the Public Defender shall provide legal representation to Defendants in criminal cases who have been determined indigent by the Criminal Justice Coordinator as an agent for the court: NOW, THEREFORE, the parties do hereby agree as follows: 1. The Town hereby contracts with the Public Defender to provide legal representation to all qualified defendants. 2. The Public Defender is responsible for all Court settings including, but not limited to, the representation of indigent Defendants for police identifications, for pre-statement counseling procedures, pretrial disposition conferences, motions, quashing of warrants, required appearances and trials. The Public Defender is not responsible for representation or consultation prior to a warrant being served on a defendant. 3. The Public Defender shall perform and provide such services as are defined in Paragraph (2) which shall also include all necessary administrative and other personnel services, office Page 1 of 4  space and all materials, equipment, facilities, and supplies required for the support of such personnel in the performance of the legal services under this Agreement. The Public Defender agrees to track all cases assigned to them in the Justice Works online case management system or other such system used by the Public Defender. 4. Before incurring costs for expert testimony, translators, investigators or other professional services, the Public Defender shall obtain the approval of the appropriate Court and file with the South Carolina Commission of Indigent Defense. 5. The Public Defender warrants that in accomplishing the representations and legal services envisioned by this Agreement that the Public Defender will provide an attorney (hereinafter “Attorney”) who is admitted before the Courts of this State and that in all respects he or she will use their best professional efforts in performing their services, in conformance with all applicable laws, rules, directives of the Court and canons of ethics. 6. In the event the Attorney assigned by the Public Defender determines that there is a reasonable doubt as to the entitlement of the Defendant to free legal services, he or she shall bring the matter promptly to the attention of the Court for redetermination of indigency status. It is intended that this be an important affirmative duty of Attorney. 7. The Public Defender Attorney may engage other attorney(s)to aid and assist as necessary in the representation of Defendants. Any Attorney appearing or participating in any case assigned to them by the Public Defender shall be charged with full responsibility of this Agreement and shall acknowledge in writing with the Public Defender, that he or she has read the Agreement and agrees to be bound to the provisions thereof so far as they are applicable to his or her participation on any given case. 8. The Town and the Public Defender agree to designate the Circuit Public Defender for the First Judicial Circuit as the contract manager who oversees and coordinates the terms of this Agreement. The Circuit Public Defender will assign the task of developing forms, procedures and policies as they pertain to carrying out the terms of this Agreement as he or she deems appropriate. 9. A case, for the purpose of determining caseload, is defined to mean “an arrested or detained defendant who is charged with one or more related criminal charges”. 10. Public Defender agrees to document services provided under the terms of this Agreement and provide the Town with progress and statistical reports as may be reasonably required by the Town for evaluation of the performance of the terms of this Agreement and the assessment of its cost effectiveness. 11. This agreement does not create any attorney client Page 2 of 4  relationship between the Public Defender or its assigned attorneys and the Town. Likewise, this Agreement does not create the relationship of employer-employee as between the Public Defender and the Town, or as between the Town and any attorney assigned by the Public Defender to Summerville Municipal Court. Rather, it is the intention of the parties hereto that the Attorney assigned by the Public Defender is engaged with the Town as and shall function as an independent contractor. 1 12. During the terms of this Agreement, the Public Defender agrees to maintain professional liability insurance for any attorney operating in the Town’s Court. 13. The term of the Agreement shall begin on the 1st day of April, 2024 and end on the 31st day of March, 2027. 14. Sixty (60) days prior to the expiration of this Agreement, the parties shall give notice of their intention to discuss the continuation or discontinuation of its terms and conditions 2. 15. The Town shall pay the sum of $112,800.00 per year in consideration for the service more fully set forth in this Agreement. This includes salary of up to $80,000 per year and the employer cost of benefits of up to $32,800 per year. Said sum shall be paid on the 1st of each month. The installments will be $9,400. The first installment will be due and payable April 1st, 2024. 16. It will be the duty of the Public Defender to notify the Town of the salary at which he or she agrees with the attorney assigned to Summerville Municipal Court within the salary range as well as the cost of benefits. 17. At the end of each year of the contract term, the Town and the Public Defender shall review the costs incurred over the previous year and reconcile the actual expenses incurred. If at the end of the contract year there is an account balance, the Town of Summerville shall inform the Public Defender whether the account balance shall be maintained and applied to the following year or whether it shall be returned to the Town. If at the end of the year there is a deficit in the account designated for salary and benefits, the Town will be required to reimburse this amount to the Public Defender. 18. The Town acknowledges that the cost of benefits will fluctuate throughout the contract term. The Public Defender included above an estimate of benefit costs at the time this contract 1 While the parties agree that the Town and the assigned Public Defender shall function as an independent contractor, it is the intention of the parties that this agreement establish a “full time” Public Defender for the Town of Summerville. In prior agreements between the Town and the Public Defender, the agreement contemplated part time employment. The parties agree that the court schedule required of the attorney assigned by the Public Defender to Summerville Municipal Court has grown to demand full-time employment. 2 While the initial term of this contract is three years, the parties understand that the Public Defender will advertise this position as “full-time”. Page 3 of 4  was drafted. The Town will be responsible for any increase in the employer cost of benefits as it changes throughout the term of the contract. The Public Defender shall provide documentation of any increase to the Town. 19. The end of the term of this Agreement shall not have any effect upon the rights or obligations arising out of referrals which occur prior to the end of the contract term. The obligations of Attorney assigned by the Public Defender to complete representation of persons referred to him or her shall continue. The Public Defender shall continue to receive referrals up until the last day of the term. 20. Pursuant to 29 USC 701 et seq. Of the Rehabilitation Act of 1973, the Public Defender, in providing services in accordance with the provisions of this Agreement, warrants that they will not discriminate against handicapped persons. The Town of Summerville is an Affirmative Action/Equal Employment Opportunity Employer. Further, the Town of Summerville and First Circuit Public Defenders Office warrant that in the performance of this Agreement, it will not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, religion, national origin, sex or physical disability, including, but not limited to blindness, unless it is shown to be that such disability prevents performance of the work involved in any manner prohibited by the laws of the United States and the State of South Carolina. The Town of Summerville does not discriminate in administering any of its programs and activities. The First Circuit Public Defenders Office is required to ensure that no person shall be denied employment, fair treatment or be discriminated against on the basis of race, sex, religion, age, national origin, or handicap. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. ___________________________ __________________________ WITNESS: PIERCE L. WEHMAN CHIEF PUBLIC DEFENDER ___________________________ FOR FIRST JUDICIAL CIRCUIT WITNESS: ___________________________ __________________________ WITNESS: TOWN OF SUMMERVILLE ____________________________ WITNESS: Page 4 of 4