Town Council

TOWN of SUMMERVILLE, sc Town Council Meeting Council Chambers - Annex Building – 200 South Main Street Thursday, April 11, 2024 - 6:00 p.m. AGENDA 1. Call to Order 2. Invocation and Pledge of Allegiance - Councilmember Aaron Brown 3. Employee Recognition 4. Proclamation Presentations 5. Approval of Minutes of Previous Meetings a. Town Council Meeting – March 14, 2024 b. Standing Committee Meetings – April 8, 2024 6. Introduction of “Talk of The Town”: Summerville's New Community Newsletter 7. Public Comment – For items on the April 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. 8. Petitions: No petitions for April 9. Pending Bills and Resolutions a. Second and final 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. Second and final 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. Meetings are livestreamed at www.summervillesc.gov Town Council Agenda – April 11, 2024 c. Second and final 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. Second and final 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. Introduction of Bills and Resolutions a. First reading of an ordinance to amend Chapter 2, Section 2-97 entitled “Order of Business” to include “Executive Session” and “Other Business.” 11. Miscellaneous a. Discussion of composition of Board of Architectural Review b. Authorize the Mayor to Execute a First Amendment to the Solid Waste Collection Agreement Increasing the Compensation to Dorchester County from 2% to 5% of Gross Collections. c. Consideration of “No Thru Traffic” signs on South Laurel Street d. Authorize Town Administrator to execute a service agreement with Summerville DREAM e. Discussion of Cuthbert Center survey results 12. 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. 13. Executive Session: Personnel matter a. Personnel matter related to Town Administrator search 14. Other Business a. Action to be taken by Council related to Executive Session 15. 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 March 14, 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, March 14, 2024. Councilmember Garten-Schmidt gave the invocation, followed by the Pledge of Allegiance. EMPLOYEE RECOGNITION Mayor Touchberry presented a Certificate of Excellence to Remy Clark, Planner I. PROCLAMATION PRESENTATIONS Mayor Touchberry presented proclamations for Bleeding Disorders Awareness Month and Women In Construction Week. APPROVAL OF MINUTES OF PREVIOUS MEETINGS Mr. Jackson made a motion, seconded by Mr. Brown, to approve the minutes of the February 8, 2024 Council meeting, the February 15, 2024 Special Council Meeting (mid-year budget review), and the Standing Committee meetings on March 11, 2024. The motion carried unanimously. PUBLIC COMMENT – MARCH 14, 2024 AGENDA ITEMS Mayor Touchberry opened the floor for public comment on items on the March 14, 2024 agenda. Town Clerk Beth Messervy read into record a public comment from Brandon Fish supporting the “hate intimidation” ordinance on the agenda. There being no further comments, Mayor Touchberry closed this part of the meeting. PETITIONS Town Council Meeting Minutes – March 14, 2024 Page 2 No petitions for March PENDING BILLS AND RESOLUTIONS Mr. Brown made a motion, seconded by Mr. Waring, to give second and final 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. Mr. Waring made a motion, seconded by Mr. Jackson, to postpone until the August Council meeting the 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). The motion carried unanimously. Mr. Jackson made a motion, seconded by Ms. Johnson-Wilson, to give second and final 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. The motion carried unanimously. Mr. Waring made a motion, seconded by Mr. Jackson, to give second and final 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. INTRODUCTION OF BILLS AND RESOLUTIONS Mr. Jackson made a motion, seconded by Mr. Brown, to give first reading to an ordinance to amend the Ordinance of the Town of Summerville, Chapter 16, Article I, by adding a new Section 16 entitled “Hate Intimidation.” The motion carried unanimously. Mr. Jackson made a motion, seconded by Ms. Garten-Schmidt, to give first reading to 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. The motion carried unanimously. Mr. Brown made a motion, seconded by Mr. Jackson, to give first reading to 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. The motion carried unanimously. Mr. Jackson made a motion, seconded by Mr. Waring, to give first reading to 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. The motion carried 5-0, with Ms. Johnson-Wilson recusing herself from the vote. MISCELLANEOUS Mr. Waring made a motion, seconded by Mr. Jackson, to approve a site plan site plan/buffers for 160 Community Road, Summerville Commissioners of Public Works (SCPW) storage yard (Zoned PL). The motion carried unanimously. Mr. Jackson made a motion, seconded by Ms. Garten-Schmidt, to 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. The motion carried unanimously. Mr. Jackson made a motion, seconded by Mr. Waring, to authorize Town Administrator to execute an agreement with the First Circuit Public Defenders Office to provide indigent defense services. The motion carried unanimously. Town Council Meeting Minutes – March 14, 2024 Page 3 Ms. Johnson-Wilson made a motion, seconded by Mr. Jackson, to postpone the continued discussion of a yard debris pickup pilot program until the budget retreat on April 24-25, 2024. The motion carried unanimously. PUBLIC COMMENTS (open) Mayor Touchberry opened the floor for public comments on any topic. Linda Whetsell of 108 Atlantic Street stated that she wants respect from the Police Department. She stated that when she locked her keys and phone in her car, the police did not assist her properly. She also stated that Atlantic Street should have speed bumps on it because of the “speed demons” on her street. She stated that there are always drug deals going on in the park on Simmons Avenue and Parkwood Drive. She stated that the Town doesn’t need parks for dogs and that you shouldn’t have to pay to fish. Cynthia Powell, a Dorchester District 2 School Board Member, stated that educators need the community’s help in supporting teachers in the district. She stated that the DD2 Educational Foundation is a great way to get involved, as the foundation has raised over $1.8 million to date for DD2. She invited Council to attend “The Big Event” on April 13th, the DD2 Educational Foundation’s primary fundraiser. Ms. Powell also reminded Council that the first week in May is Teacher Appreciation Week, and she would like to see the community support the celebration. Adriaan Kwist asked for an update of what is happening with the redevelopment of 500 North Main Street. Mayor Touchberry explained that the Town has not received any formal submittal for the development to start the process of bringing the project in front of the Board of Architectural Review. Mr. Kwist asked that updates be put in the newspaper about 500 North Main Street. There being no further comments, the Mayor closed this part of the meeting. EXECUTIVE SESSION: Mr. Waring made a motion, seconded by Mr. Brown, to enter into Executive Session to discuss personnel matters related to the Building Department. The motion carried unanimously, and Council entered into Executive Session at 6:35pm. Council reconvened at 6:49pm. Town Attorney GW Parker stated that Council met in Executive Session to discuss personnel matters related to the Building Department. 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 6:50pm. 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: April 9, 2024 RE: April Parks & Recreation Committee Minutes The Parks & Recreation Committee met on Monday, April 8, 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 5:30 PM. Ms. Evans shared the results of the Cuthbert Community Center public survey. 135 responses were received. Of these respondents, 46% had attended an event or meeting in the previous facility; 61% favored a partially enclosed facility. Top responses for use of the space included events, meetings, and parties. Ms. Evans requested to advertise a Request for Qualifications stating that the selected firm could assist with a public workshop. A motion to move this item to full council for discussion was made by Ms. Johson-Wilson and seconded by Mr. Brown. The motion was approved unanimously. Ms. Evans briefly shared the history of the youth tackle football program at Gahagan. Ms. Evans further shared that the Summerville Youth Athletics Club notified staff that they would not be offering a recreational tackle program at Gahagan this year. Staff are currently exploring adding this to our current offerings. Mr. Brown inquired on the ages; this program would be offered for 10U and 12U only. Steve Doniger with Summerville DREAM presented a beautification, conceptual plan for Richardson and Short Central. Ms. Wilson-Johnson inquired about implementation. Mr. Doniger indicated that the plan would be completed in multiple phases. The first phase, Short Central, would cost approximately $500,000 to implement.  Page 2 of 2 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 5:55 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 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 Matt Halter Town of Summerville PUBLIC WORKS AND COMMITTEE ON WATER SUPPLY April 8, 2024 The Public Works and Committee on Water Supply met on Monday, April 8, 2024 in Council Chambers at 200 South Main Street. Kima Garten-Schmidt called the meeting to order at 5:56pm. 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. Ms. Johnson-Wilson addressed the first item on the agenda: “discussion of crosswalk safety.” She reported that several crosswalks in Town need stripes repainted, some do not have stripes at all, and some buttons on the crosswalks are not working. Ms. Miley acknowledged the issues with the buttons on the Bear Island Road crosswalks, and said that they are in the process of repairing them, and that it will cost $8,000 to do so. Ms. Miley reported that she has confirmed with the Streets Department that they can order thermoplastic striping paint for $1500 to cover some of the faded crosswalks, but that she cannot say exactly how many crosswalks because each crosswalk is a different size. Mr. Waring suggested that the Bicycle and Pedestrian Advisory Committee get together their annual priority list of sidewalk and crosswalk projects to present to Council so that Council could come up with a game plan for fixing the crosswalks. Ms. Miley reported that the Town can fix Bear Island Road, South Laurel Street, and West Richardson Avenue crosswalks now; she also reported that North Hickory at Doty Park is a SCDOT road that is in the process of getting stripes repainted. Ms. Miley then moved to the second item on the agenda: “Discussion of ‘No Thru Traffic’ signs on South Laurel Street.” She stated that a resident requested this be considered, because the amount of thru traffic on South Laurel has increased steadily over the years. Ms. Miley stated that it is used frequently as a “cut through” street from West Carolina to Central Avenue. Ms. Johnson-Wilson made a motion, seconded by Mr. Waring, to send the discussion and consideration of signs to Council for further review. The motion carried unanimously. Mr. Waring presented the next item on the agenda: “Discussion of one-way section of Tea Farm Road.” He stated that several of his constituents in Tea Farm have reported that cars are disobeying the “no outlet” sign and exiting Tea Farm from Tea Farm Road. This is the cause of many wrecks, as it is a blind curve on Main Street. Some discussion followed. Staff was instructed to install “Do Not Enter” signs on Johnson Street to prevent people from exiting the neighborhood using Tea Farm Road. Ms. Johnson-Wilson addressed the final item on the agenda: “Discussion of crosswalk on Boone Hill Road (Hwy 17A) at Country Club Boulevard.” She stated that it is a very dangerous intersection for pedestrians because there are no sidewalks in Country Club Estates, and no crosswalk to cross Hwy 17A. Ms. Miley reported that this is a SCDOT road, and that she can ask DOT if they would put a crosswalk there, but that they would most likely say no to the request. Ms. Miley stated that the intersection isn’t a standard intersection, because there is no median or turn lanes, and this is why the DOT would probably not do any studies to warrant a crosswalk there. Mr. Waring made a motion, seconded by Ms. Johnson-Wilson to adjourn the meeting. The meeting adjourned at 6:18pm with a unanimous vote. Respectfully submitted, __________________________ Beth Messervy, Town Clerk  TOWN of SUMMERVILLE, SC FINANCE COMMITTEE REPORT April 8, 2024 The Finance Committee met on Monday, April 8, 2024. Present were Mayor Touchberry and Committee members Bob Jackson, Richard G. Waring, IV, Aaron Brown, Matt Halter, 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 6:21pm. Presentation Finance Director Rhonda Moore presented the March 2024 financial of Financial statements. She answered questions from the Committee member Johnson- Statements Wilson regarding possible implementation of transportation impact fees. Surplus Mr. Jackson made a motion, seconded by Mr. Brown, to surplus John Deere Vehicle mower, RM 31, which was originally purchased in 2009. Request from the Parks and Recreation Department. The motion carried unanimously. Financial Ms. Garten-Schmidt made a motion, seconded by Mr. Waring, to issue a Requisitions purchase order to Blanchard Machinery Company in the amount of $219,604.00 to purchase a CAT 920 Compact Wheel Loader. Funds to come from budgeted ARPA funds. This is on State contract. Request from Streets Department. The motion carried unanimously. Mr. Brown made a motion, seconded by Mr. Jackson, to issue a purchase order to issue a purchase order to National Equipment Dealers of Summerville for a 2024 Hyundai HX160AL excavator for Stormwater Department. Total purchase price is $185,139.64 which is cooperative pricing on the NC Sheriff's Association Contract. Funds to come from Stormwater Fund Balance. The motion carried unanimously. Mr. Jackson made a motion, seconded by Ms. Garten-Schmidt, to issue a purchase order to Dick Smith Automotive in the amount of $70,092 for a F450 XL 4X2 Crew cab. Funds to come from budgeted ARPA funds. Request from Streets Department. The motion carried unanimously. Executive Mr. Jackson made a motion, seconded by Mr. Brown, for the Committee to Session enter into Executive Session to discuss contractual matters related to a service agreement with Summerville DREAM. The motion carried unanimously, and the Committee entered into Executive Session at 6:36pm. Finance Committee Report April 8, 2024 Page 2 The Committee returned from Executive Session at 7:03pm. Town Attorney GW Parker stated that no action was taken on contractual matters related to a service agreement with Summerville DREAM. Other N/A Business Adjourn Mr. Jackson made a motion, seconded by Ms. Garten-Schmidt, to adjourn. The motion carried unanimously, and the meeting adjourned at 7:04pm. Respectfully submitted, Beth Messervy, Town Clerk  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: 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 the Town of Summerville 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, Page 1 of 2  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. The Trier of fact whether, a jury or the Municipal Judge if the defendant waives his/her right to a jury trial, must find the defendant guilty beyond a reasonable doubt. A person cannot be found guilty of Hate Intimidation unless he/she is first convicted under the underlying crime and Hate Intimidation may not be used as a standalone crime. (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  ORDINANCE AN ORDINANCE TO AMEND THE TOWN OF SUMMERVILLE CODE OF ORDINANCES, CHAPTER TWO, SECTION 2-97 BY ADDING NEW (10) EXECUTIVE SESSION (IF NECESSARY) AND NEW (11) ACTION TO BE TAKEN BY COUNCIL RELATED TO EXECUTIVE SESSION AND RENUMBERING CURRENT (10) TO (12) WHEREAS, Chapter Two, Section 2- 97 was amended by Ordinance Number 19-0202 on March 14, 2019, and WHEREAS, when Section 2-97 was amended on March 14, 2019, Executive Session and Action To Be Taken By Council Related to Executive Session were inadvertently omitted, and WHEREAS, it is the desire of Council to correct the inadvertent omission by adding (10) Executive Session (If Necessary) and (11) Action To Be Taken By Council Related To Executive Session then renumbering current (10) so that it becomes (12). 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. Section 2-97 is hereby amended so that hereafter it will read: Sec. 2-97. Order of business. The order of the proceedings of the council at regular meetings of the council shall be as follows: (1) Invocation and Pledge of Allegiance; (2) Approval of the minutes of the last regular meeting and any special meetings held subsequent to the last regular meeting; (3) Approval of reports from committees; (4) Public comments relating to agenda items; (5) Petitions for annexation; (6) Second reading of pending bills; (7) Introduction of bills and resolutions; (8) Miscellaneous business; (9) Public comments relating to non-agenda items; (10) Executive Session (If Necessary); (11) Action to be taken by Council related to Executive Session; and (12) Adjournment. AND, IT IS SO ORDAINED! 1  Dated this day of , 2024 A.D. _________________________ Russ Touchberry, Mayor Town of Summerville ATTEST: Beth Messervy, Town Clerk First Reading: Second Reading: 2  STATE OF SOUTH CAROLINA ) ) SERVICE AGREEMENT COUNTY OF DORCHESTER ) ) This Service Agreement made and entered into by and between the Town of Summerville (hereinafter called the “Town”), a municipal corporation and body politic of the State of South Carolina, and the Summerville Downtown, Restoration, Enhancement And Management (hereinafter called “Dream”). A non-profit organized and existing pursuant to the laws of the State of South Carolina. RECITALS WHEREAS, the Town desires to promote initiatives in hospitality and accommodations tourism related events, promotions, community enhancements, small business advocacy, events and management of the Historic Summerville Downtown. WHEREAS, Dream is a year-round service provider that supports the Town of Summerville initiatives in hospitality and accommodations tourism related events, promotions, community enhancements, small business advocacy, retention and recruitment. NOW, THEREFORE, inconsideration of foregoing and terms and conditions set forth in the Service Agreement, the receipt and sufficiency of such consideration being acknowledged by the parties, intending to be legally bound as follows: 1. Recitals. The recitals set forth above are incorporated herein by reference. 2. Length of Term. a. The Town and Dream acknowledge and agree that this Service Agreement shall be for six months commencing on January 1, 2024 and ending on June 30, 2024. b. Thereafter, the Town and Dream acknowledge and agree that this Service Agreement shall be for three successive one-year terms beginning July 1, 2024, and renewing on each successive July 1, and will terminate on June 30, 2027. c. It is the intention of the parties that this agreement automatically shall be renewed annually, unless either the Town or Dream notify the other party of its intention not to renew by April 31 of the year prior to renewal. Any notification under this section shall be provided in writing. Absent a written Notification of Non-Renewal under this section, this contract shall be renewed for an additional calendar year. d. On or before April 31, 2027, the parties shall negotiate any future contract between the Town and Dream. 3. Financial Commitment of Town. Town and Dream acknowledge and agree that as consideration for Dream’s commitments herein, the Town Agrees to pay Dream EIGHTY-SEVEN 1  THOUSAND,FIVE HUNDRED ($87,500) DOLLARS by January 15, 2024 and the Town agrees to pay ONE HUNDRED SEVENTY FIVE THOUSAND ($175,000) DOLLARS annually by July 15 of each successive year of this agreement. This commitment is subject to: the provisions of paragraph 2.c. hereinabove and the ability of the Town to appropriate funds to meet the obligation. 4. Performance Obligation of Dream. Town and Dream acknowledge and agree that Dream shall provide the following services in exchange for the considerations set forth herein: a. DREAM will provide an annual priority action items of “body of work” plan to the council that highlights goals, business needs and action items. All action items and services will be coordinated with the Town Administration. Such action items may include some, or all the following: b. Event / Resource Portfolio Development & Management i. Continue annual Third Thursday “street fair” (12) throughout the year ii. Continue (43) large scale events including; Annual Summerville Christmas Parade, Sweet Tea Festival, Annual Garden Stroll, and Annual Community Partner Meeting. 1. Expanded complementary Sweet Tea Festival sub events to provide a larger tourism return on investment 1.2. After action report with allocation of funds provided to Council within 60 days following event iii. Development of quarterly Prominent Events that feature expanded Third Thursday events and community outreach iv. Expand quarterly Business Outreach Events modest/moderate events v. Management and Development of the Summerville Farmers Market vi. Development and management public/private partnerships for Summerville “Flower the Town” initiative to invest in lush landscapes to attract visitors vi.1. Provide Council with initial plan proposal and quarterly updates vii. Research and development of DREAM Soundstage Enterprise to support entertainment creators, recording studio, and video production viii. Continue expansion of the Summerville Arts Council to find resources to expand public art that support tourism and local beautification c. Economic Vitality & Advertisement Expansion 2  i. Development and management of small business resources designed to assist with recruitment and retention of emerging entrepreneurs and established businesses. 1. Seek and assist with the bringing tourism-based business investment associated with manufacturing, distribution and/or sales. 2. Assist with infill construction and business relocation and development. ii. Development and management of downtown business DREAM Marketing Services. 1. Development and management of “this is Summerville campaign” showcasing small business initiatives. 2. Creation of Summerville Small Business and event education Master Class to feature Summerville innovators and help springboard new entrepreneurs and expand tourism events. 3. Design and produce Summerville monthly video magazine to highlight tourism opportunities. 4. Expand marketing tactics such as but not limited to Shop Summerville Ap, geofencing, SEO and social media to better understand market trends and sales performance. iii. Research and development of additional events to improve Summerville tourism market base. 1. Source development for a year-round farmers market 2. Research and development of retail and business innovation development center 3. Development and management of specialized Summerville recognition event iv. Provide communication assistance as business liaison between businesses and town administration. iv.v. Perform other duties as may be mutually agree upon and prioritized by Council. d. Goals not Commitments. The parties acknowledge that these items in Paragraph 4 are goals and actual performance will be based upon coordination between the Town Administrator and the DREAM Executive Director as may be directed by Town Council and/or the Dream Board. 3  e. Additional Expanded Services Not included in this Service Agreement i. Summerville DREAM and Town Administration with Council oversight will continue to explore additional services and business opportunities. Negotiated terms and conditions will be reviewed and processed accordingly. 5. Final Agreement. The Service Agreement represents the Final Agreement between the parties regarding the subject matter hereof. No amendment of modification hereto shall be valid ad binding, unless expressed in writing and executed by both parties hereto. 6. Severability. If any provisions of this Service Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Service Agreement shall nonetheless remain in full force and effect. 7. Force Majeure. The parties acknowledge that the non-financial commitments of the parties are to be performed on a “best efforts” basis. Circumstances and events beyond the parties’ control, including inclement weather, public health events, civil unrest, and other events may affect and excuse actual performance without creating a breach of this Service Agreement. 8. Applicable Law. This Service Agreement is enforceable in Dorchester County, State of South Carolina and pursuant to the substantive laws of the State of South Carolina. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 4 IN WITNESS WHEREOF, the parties have executed this SERVICE AGREEMENT on the _____ day of __________, 20___. WITNESSES TOWN OF SUMMERVILLE _______________________ by: ______________________ Town Administrator _______________________ WITNESSES DREAM _______________________ by: ________________________ Board Chair _______________________ 5  STATE OF SOUTH CAROLINA ) ) SERVICE AGREEMENT COUNTY OF DORCHESTER ) ) This Service Agreement made and entered into by and between the Town of Summerville (hereinafter called the “Town”), a municipal corporation and body politic of the State of South Carolina, and the Summerville Downtown, Restoration, Enhancement And Management (hereinafter called “Dream”). A non-profit organized and existing pursuant to the laws of the State of South Carolina. RECITALS WHEREAS, the Town desires to promote initiatives in hospitality and accommodations tourism related events, promotions, community enhancements, small business advocacy, events and management of the Historic Summerville Downtown. WHEREAS, Dream is a year-round service provider that supports the Town of Summerville initiatives in hospitality and accommodations tourism related events, promotions, community enhancements, small business advocacy, retention and recruitment. NOW, THEREFORE, inconsideration of foregoing and terms and conditions set forth in the Service Agreement, the receipt and sufficiency of such consideration being acknowledged by the parties, intending to be legally bound as follows: 1. Recitals. The recitals set forth above are incorporated herein by reference. 2. Length of Term. a. The Town and Dream acknowledge and agree that this Service Agreement shall be for six months commencing on January 1, 2024 and ending on June 30, 2024. b. Thereafter, the Town and Dream acknowledge and agree that this Service Agreement shall be for three successive one-year terms beginning July 1, 2024, and renewing on each successive July 1, and will terminate on June 30, 2027. c. It is the intention of the parties that this agreement automatically shall be renewed annually, unless either the Town or Dream notify the other party of its intention not to renew by April 31 of the year prior to renewal. Any notification under this section shall be provided in writing. Absent a written Notification of Non-Renewal under this section, this contract shall be renewed for an additional calendar year. d. On or before April 31, 2027, the parties shall negotiate any future contract between the Town and Dream. 3. Financial Commitment of Town. Town and Dream acknowledge and agree that as consideration for Dream’s commitments herein, the Town Agrees to pay Dream EIGHTY-SEVEN 1  THOUSAND,FIVE HUNDRED ($87,500) DOLLARS by January 15, 2024 and the Town agrees to pay ONE HUNDRED SEVENTY FIVE THOUSAND ($175,000) DOLLARS annually by July 15 of each successive year of this agreement. This commitment is subject to: the provisions of paragraph 2.c. hereinabove and the ability of the Town to appropriate funds to meet the obligation. 4. Performance Obligation of Dream. Town and Dream acknowledge and agree that Dream shall provide the following services in exchange for the considerations set forth herein: a. DREAM will provide an annual priority action items of “body of work” plan to the council that highlights goals, business needs and action items. All action items and services will be coordinated with the Town Administration. Such action items may include some, or all the following: b. Event / Resource Portfolio Development & Management i. Continue annual Third Thursday “street fair” (12) throughout the year ii. Continue (4) large scale events including; Annual Summerville Christmas Parade, Sweet Tea Festival, Annual Garden Stroll, and Annual Community Partner Meeting. 1. Expanded complementary Sweet Tea Festival sub events to provide a larger tourism return on investment 2. After action report with allocation of funds provided to Council within 60 days following event iii. Development of quarterly Prominent Events that feature expanded Third Thursday events and community outreach iv. Expand quarterly Business Outreach Events modest/moderate events v. Management and Development of the Summerville Farmers Market vi. Development and management public/private partnerships for Summerville “Flower the Town” initiative to invest in lush landscapes to attract visitors 1. Provide Council with initial plan proposal and quarterly updates vii. Research and development of DREAM Soundstage Enterprise to support entertainment creators, recording studio, and video production viii. Continue expansion of the Summerville Arts Council to find resources to expand public art that support tourism and local beautification c. Economic Vitality & Advertisement Expansion 2  i. Development and management of small business resources designed to assist with recruitment and retention of emerging entrepreneurs and established businesses. 1. Seek and assist with the bringing tourism-based business investment associated with manufacturing, distribution and/or sales. 2. Assist with infill construction and business relocation and development. ii. Development and management of downtown business DREAM Marketing Services. 1. Development and management of “this is Summerville campaign” showcasing small business initiatives. 2. Creation of Summerville Small Business and event education Master Class to feature Summerville innovators and help springboard new entrepreneurs and expand tourism events. 3. Design and produce Summerville monthly video magazine to highlight tourism opportunities. 4. Expand marketing tactics such as but not limited to Shop Summerville Ap, geofencing, SEO and social media to better understand market trends and sales performance. iii. Research and development of additional events to improve Summerville tourism market base. 1. Source development for a year-round farmers market 2. Research and development of retail and business innovation development center 3. Development and management of specialized Summerville recognition event iv. Provide communication assistance as business liaison between businesses and town administration. v. Perform other duties as may be prioritized by Council. d. Goals not Commitments. The parties acknowledge that these items in Paragraph 4 are goals and actual performance will be based upon coordination between the Town Administrator and the DREAM Executive Director as may be directed by Town Council and/or the Dream Board. 3  e. Additional Expanded Services Not included in this Service Agreement i. Summerville DREAM and Town Administration with Council oversight will continue to explore additional services and business opportunities. Negotiated terms and conditions will be reviewed and processed accordingly. 5. Final Agreement. The Service Agreement represents the Final Agreement between the parties regarding the subject matter hereof. No amendment of modification hereto shall be valid ad binding, unless expressed in writing and executed by both parties hereto. 6. Severability. If any provisions of this Service Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Service Agreement shall nonetheless remain in full force and effect. 7. Force Majeure. The parties acknowledge that the non-financial commitments of the parties are to be performed on a “best efforts” basis. Circumstances and events beyond the parties’ control, including inclement weather, public health events, civil unrest, and other events may affect and excuse actual performance without creating a breach of this Service Agreement. 8. Applicable Law. This Service Agreement is enforceable in Dorchester County, State of South Carolina and pursuant to the substantive laws of the State of South Carolina. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 4 IN WITNESS WHEREOF, the parties have executed this SERVICE AGREEMENT on the _____ day of __________, 20___. WITNESSES TOWN OF SUMMERVILLE _______________________ by: ______________________ Town Administrator _______________________ WITNESSES DREAM _______________________ by: ________________________ Board Chair _______________________ 5