Town Council

TOWN of SUMMERVILLE, SC Town Council Meeting Council Chambers - Annex Building – 200 South Main Street Thursday, August 15, 2024 - 5:00 p.m. Rescheduled from August 8, 2024 because of weather event AGENDA 1. Call to Order 2. Invocation and Pledge of Allegiance - Councilmember Kima Garten-Schmidt 3. Employee Recognition 4. Proclamation Presentation 5. Approval of Minutes of Previous Meetings a. Town Council Meeting – July 11, 2024 b. Special Council Meeting – August 5, 2024 c. Standing Committee Meetings – August 5, 2024 6. Public Comment – For items on the August 15, 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 August 8. Pending Bills and Resolutions a. Second and final reading of an ordinance to annex TMS# 145-08-00-022, located at the end of W. Smith Street, and totaling approximately 13.5 acres. Currently zoned TRM, Transitional Residential, in Dorchester County and will be zoned MF-R, Multifamily Residential, upon annexation into the Town of Summerville’s municipal limits. (Council District 3) Meetings are livestreamed at www.summervillesc.gov Town Council Agenda – August 15, 2024 9. Introduction of Bills and Resolutions a. Resolution adopting Employee Handbook 10. Miscellaneous a. Discussion of a request for Mayor and Councilmembers appointees to committees b. Discussion of changing the composition of the Board of Architectural Review c. Presentation and discussion of reassessment calculations d. Discussion of location for new skatepark e. Authorization for Chief Wright to sign a Memorandum of Understanding with Doors to Freedom for support in moments of emergency f. Authorization for Town Administrator to execute an agreement with Dorchester School District 2 for School Resource Officers and K-9s upon final fee calculation. 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: Legal and personnel matters a. Personnel matter related to appointment to Planning Commission b. Discussion of legal matters related to cyber ransomware attack 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 Matt Halter Town of Summerville, SC COUNCIL MEETING MINUTES July 11, 2024 ATTENDANCE Present: Mayor Russ Touchberry, Councilmembers Kima Garten-Schmidt, Aaron Brown, Tiffany Johnson-Wilson, Bob Jackson, Matt Halter 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, July 11, 2024. Councilmember Tiffany Johnson-Wilson gave the invocation, followed by the Pledge of Allegiance. PROCLAMATION PRESENTATIONS Mayor Touchberry presented proclamations for Parks and Recreation Month and to Lisa Wallace, Town Administrator in celebration of her retirement. EMPLOYEE RECOGNITION Mayor Touchberry recognized Lisa Wallace, Town Administrator, for her 28 years of dedicated service to the Town of Summerville. APPROVAL OF MINUTES OF PREVIOUS MEETINGS Mr. Waring made a motion, seconded by Mr. Jackson, to approve the minutes of the Town Council Meeting – June 13, 2024; Special Town Council Meeting – June 14, 2024; Special Town Council Meeting – June 18, 2024; Special Town Council Meeting – June 21, 2024; and Standing Committee Meetings – July 8, 2024. The motion carried unanimously. PUBLIC COMMENT – JULY 11, 2024 AGENDA ITEMS Peter Gorman stated that reducing the public comment time from 5 minutes to 3 minutes is “not a good look for Council,” and that residents living in proposed annexation areas would not be able to speak because of the new provisions in the ordinance amendment. Town Council Meeting Minutes – July 11, 2024 Page 2 Mark Turner spoke against the proposed annexation at 400 Murray Boulevard. Eric Griffin spoke against the proposed annexation at 400 Murray Boulevard. He stated that he wants to preserve the look and feel of the current community. Meagan Tauber stated that she would like the Town to revoke the business license of Sink or Swim on Golf Road. She said that the police have been called out there for noise complaints and they are not operating within the limits of the zoning. Michelle Saletan spoke against the annexation at 400 Murray Boulevard. She stated that the road going to that property is already not enough for the current residents. PETITIONS Mr. Jackson made a motion, seconded by Ms. Johnson-Wilson, to deny first reading of an ordinance to annex TMS# 152-00-00-026, located at 400 Murray Blvd., totaling approximately 12.81 acres. Currently zoned TRM, Transitional Residential District, in Dorchester County and will be zoned N-R, Neighborhood Residential, upon annexation into the Town of Summerville’s municipal limits. (Council District 5). Mr. Waring made a motion, seconded by Mr. Jackson, to amend the motion to include the reason for denial to be the request to zone as N-R. The motion carried unanimously. The original motion as amended carried unanimously. PENDING BILLS AND RESOLUTIONS Mr. Jackson made a motion, seconded by Mr. Brown, to give second and final reading to an ordinance to amend the Town of Summerville Code of Ordinances Chapter 2, Article II, Division3, Section 2-98(b) Addressing Council. Ms. Johnson-Wilson made a motion, seconded by Mr. Jackson, to amend the ordinance to allow residents of a proposed annexation to speak at public comment in relation to the annexation. The motion to amend carried unanimously. The original motion as amended carried unanimously. INTRODUCTION OF BILLS AND RESOLUTIONS N/A MISCELLANEOUS Mr. Jackson made a motion, seconded by Mr. Brown, to authorize Town Administrator to enter into Memorandum of Understanding with South Carolina Department of Juvenile Justice for juveniles being detained in Juvenile Detention Center in Columbia, SC. The motion carried unanimously. Mr. Brown made a motion, seconded by Ms. Garten-Schmidt, to accept quit claim deed from SCDOT for West 2nd South Street between Central and Main for DREAM beautification project. Mr. Waring made a motion, seconded by Mr. Halter, to defer this item until funding is identified and secured by DREAM for the project. The motion to amend carried unanimously. The original motion as amended carried unanimously. Mr. Brown made a motion, seconded by Mr. Halter, to approve a resolution authorizing Summerville CPW to submit an application to the State Authority for a loan in the amount of approximately $8,000,000 to finance water system improvements including two 1-million gallon ground storage tanks and a booster pump station. The motion carried unanimously. Town Council Meeting Minutes – July 11, 2024 Page 3 Mr. Waring made a motion, seconded by Ms. Garten-Schmidt, to authorize Mayor or Town Administrator to enter into a Memorandum of Understanding with Federal Bureau of Prisons (Federal Correctional Institution, Williamsburg County) for use of Summerville Police Department canine units for searches for illegal drugs and electronic devices. Some discussion followed. The motion carried unanimously. PUBLIC COMMENTS (open) Mayor Touchberry opened the floor for public comments on any topic. Adrian Kwist expressed his appreciation to the Town’s Streets and Stormwater Departments for their hard work during a particularly bad storm in Summerville. He also stated that he would like more police patrolling roads and issuing tickets for loud vehicles. Rosemarie Tucker expressed her concern that South Pointe still only has one entrance/exit and that the turn lane has still not been installed on Highway 78 at the neighborhood’s entrance. She also stated that the rain is eroding the dirt piles from construction and the ditches are flooding over the roads in the neighborhood. EXECUTIVE SESSION: Mr. Waring made a motion, seconded by Ms. Garten-Schmidt, to enter into Executive Session to discuss a. Legal Matters Related to Possible Revocation of Business License b. Personnel matter related to appointment to Planning Commission c. Contractual matters related to the potential sale of Town owned property The motion carried unanimously, and Council entered into Executive Session at 6:49pm. Council reconvened at 7:16pm. Town Attorney GW Parker stated no action was taken in Executive Session when Council met to discuss: a. Legal Matters Related to Possible Revocation of Business License b. Personnel matter related to appointment to Planning Commission c. Contractual matters related to the potential sale of Town owned property OTHER BUSINESS: N/A ADJOURN: Mr. Waring made a motion, seconded by Ms. Garten-Schmidt, to adjourn. The motion carried unanimously, and the Mayor adjourned the meeting at 7:17pm. 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 Matt Halter Town of Summerville EMERGENCY COUNCIL MEETING August 5, 2024 ATTENDANCE Present: Mayor Russ Touchberry, Councilmembers Kima Garten-Schmidt, Bob Jackson, Aaron Brown, Tiffany Johnson-Wilson, Matt Halter 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, Summerville, SC. CALL TO ORDER Mayor Touchberry called the meeting to order at 5:15pm on Monday, August 5, 2024. RESOLUTION TO DECLARE STATE OF EMERGENCY Mr. Waring made a motion, seconded by Mr. Jackson, to approve a resolution to declare a state of emergency in the Town of Summerville for the impending weather from Tropical Storm Debby. Some discussion followed, and the motion carried unanimously. TOWN OPERATIONS UPDATE Town Administrator Lisa Wallace reported that the Town staff is following the usual protocols for weather-related events. She stated that Town Hall would be closed Tuesday-Thursday and that the See- Click-Fix app is up and running for citizens to report emergencies. DISCUSSION RE: THURSDAY COUNCIL MEETING Mr. Brown made a motion, seconded by Mr. Jackson, to allow the Town Administrator and Mayor to potentially reschedule the August 8, 2024 Council meeting to Friday, August 9, 2024 at 12pm. Mr. Waring made a motion, seconded by Ms. Johnson-Wilson, to amend the motion to include “or at a later date if necessary.” The motion to amend carried unanimously. The original motion carried unanimously. ADJOURN: There being no further business, Mr. Jackson made a motion, seconded by Mr. Waring, to adjourn the meeting. The motion carried unanimously, and the Mayor adjourned the meeting at 5:23pm. Respectfully Submitted, APPROVED: Special Town Council Meeting Minutes – June 18, 2024 Page 2 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: August 6, 2024 RE: August Parks & Recreation Committee Minutes The Parks & Recreation Committee met on Monday, August 6, 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. The current budget allocates funds to design a custom concrete skatepark. Ms. Evans shared that the existing skatepark site is .91 acres; the size and shape of the parcel would dictate much of the design. Dorchester County owns a lot that is 1.89 acres in the Oakbrook area that could be a potential, alternate site. Concerns were raised about location and walkability of the Oakbrook site. A motion to move this item to full council for discussion was made by Mr. Brown (seconded by Ms. Johnson-Wilson). Motion passed unanimously. The Summerville Girls Softball League has requested to dedicate field 6 at Gahagan Park to Mrs. Barbara Koester. Ms. Evans shared that Mrs. Koester was instrumental in the creation of the league and volunteered for 45 years. The dedication would include the installation of a bronze plaque. Mr. Brown made a motion (seconded by Ms. Johson-Wilson) to approve this request. Motion passed unanimously. Ms. Evans requested approval to draft an ordinance to support smoke, tobacco and vape free parks. She shared that many local departments have similar ordinances or regulations. The benefits of this policy are many including promoting health and wellness, stewardship of our natural resources, better customer service and cleanliness of our parks, and improved inclusivity. Ms. Johnson-Wilson made a motion (seconded by Mr. Brown) to draft an ordinance for Council’s consideration. The motion passed unanimously.  Page 2 of 2 Ms. Evans requested approval from the committee to apply for a grant through the South Carolina Forestry commission to support a food forest. This would be installed in the back of Wassamassaw Park. Staff and volunteer hours would be used to match the program requirements. Mr. Brown made a motion (seconded by Ms. Johson-Wilson) to support staff in applying for the grant. Motion passed unanimously. 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 5:47 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  TOWN of SUMMERVILLE, SC FINANCE COMMITTEE REPORT August 5, 2024 The Finance Committee met on Monday, August 5, 2024. Present were Mayor Touchberry and Committee members Bob Jackson, Richard G. Waring, IV, Tiffany Johnson-Wilson, Aaron Brown, Matt Halter, and Kima Garten-Schmidt. 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 6:00pm. Presentation Finance Director Rhonda Moore presented the July 2024 financial of Financial statements. Statements Capital Ms. Moore presented a conceptual framework for a long-term capital funding Funding plan and asked for any feedback from the Finance Committee. Mr. Waring Presentation stated that he likes the idea of looking beyond one year; he also stated that the Town needs a true replacement cycle for rolling capital needs. Ms. Moore stated that she does have some replacement numbers, but she would like to get the new Town Administrator’s opinion when he begins in September. Ms. Johnson-Wilson stated that this is a two-part project: capital funding plan and replacement cycle. She also stated that she wants to make sure that bike and pedestrian improvements are built into the capital plan. Discussion of Johnette Connelly, an expert in reassessment who built the reassessment Reassessment model, joined the meeting via Zoom to explain reassessment and millage and Millage rates. She stated that the Town could set the millage anywhere from 64.8 to 67.7 based on reassessment projections, but that staying at 66 mills is her recommendation. She reiterated that the values that she presented are still estimated values and that property values change all of the time. Ms. Connelly explained that keeping the millage at 66 mills would give Council and staff the opportunity to get to the end of the fiscal year to see where revenues actually end up; she stated that Council could consider a rollback on millage at the end of the current fiscal year if necessary. Ms. Connelly explained that the change from a calendar year to a fiscal year has changed the Town’s cash flow, and that keeping the millage at 66 would allow things to settle out with that situation. Mr. Halter asked Ms. Connelly if Council keeps millage at 66, will taxes increase by 15%? Ms. Connelly confirmed that keeping the millage at 66 is technically a tax increase. She stated that in Berkeley and Charleston Counties, the local option sales tax can offset the increase in taxes. Mr. Halter asked if Council adopted 64.8 mills, would the Town’s revenue stay the same? Ms. Connelly explained that, in theory, revenues would stay the same, but new properties can actually give an additional revenue with rollback millage. Ms. Johnson-Wilson made a motion, seconded by Mr. Jackson, to send the discussion to full Council for Finance Committee Report August 5, 2024 Page 2 public input. Mr. Waring expressed his opinion that Council should leave millage at 66, because continuing to change millage year after year does not allow staff to get good plans and projections for future years’ revenues. He stated that he would support keeping the mills at 66, at least until the budget year is over. The motion to send to full Council carried unanimously. Employee Ms. Johnson-Wilson stated that a merit pay policy can help to retain and Merit Pay recruit the best employees. Mr. Jackson stated that he supports merit pay Policy / raises. Ms. Garten-Schmidt stated that Council has discussed this issue on Performance and off since she has been on Council. Ms. Johnson-Wilson made a motion, Evaluations seconded by Ms. Garten-Schmidt, to ask staff to draft a merit based pay policy. The motion carried. Miscellaneous Mr. Jackson made a motion, seconded by Ms. Garten-Schmidt, to issue a purchase order to PURVIS Systems up to the amount of $388,400.00 dollars for the purchase of a automated dispatch and station alerting for the Fire Department. Funds to come from General Funds/Fire Department Capital. The motion carried unanimously. Mr. Jackson made a motion, seconded by Mr. Waring, to authorize the Town Administrator to enter into a contract with Creech and Associates and to issue a purchase order not to exceed $3,895,200 to complete the design of the municipal public safety complex. Funds to come from municipal impact fees and Midtown TIF bond proceeds. Some discussion followed. The motion carried unanimously. Mr. Jackson made a motion, seconded by Mr. Brown, to authorize the Town Administrator to enter into a contract with Infrastructure Consulting Engineering (ICE) and issue a purchase order not to exceed $900,000 to perform design work for Main Street Resiliency Project. Funds to come from designated State earmarked funds. Some discussion followed. The motion carried 6-0, with Mayor Touchberry recusing himself from the vote. Mr. Jackson made a motion, seconded by Mr. Waring, to authorize staff to modify contract with Michael Baker International in the amount of $43,975 for services on the North Cedar Street Extension project to include additional R/W relocation services and signal warrant analysis. To be funded by the road fund and reimbursement request through IGA with Berkeley County. The motion carried unanimously. Mr. Brown made a motion, seconded by Ms. Garten-Schmidt, to award construction contract for Central Avenue Sidewalk Phase #1 to First Construction Management, LLC in the amount of $765,113.39. To be funded by designated State earmark funds in the amount of $400,000 and the balance from the sidewalk capital fund. The motion carried unanimously. Executive Ms. Garten-Schmidt made a motion, seconded by Mr. Waring, to enter into Session Executive Session to receive legal advice regarding the Employee Handbook. The motion carried, and the Committee entered into Executive Session at 6:58pm. Finance Committee Report August 5, 2024 Page 3 The Committee reconvened at 7:14pm. Town Attorney GW Parker stated that the Committee met in Executive Session to receive legal advice on the employee handbook and that no action was taken in Executive Session. Other n/a Business Adjourn Mr .Waring made a motion, seconded by Ms. Garten-Schmidt, to adjourn. The motion carried unanimously, and the Mayor adjourned the meeting at 7:15pm. Respectfully submitted, Beth Messervy, Town Clerk  ORDINANCE TO ANNEX TO, AND INCORPORATE WITHIN THE CORPORATE LIMITS OF THE TOWN OF SUMMERVILLE, THE PARCEL OWNED BY SHANNON E. & CAMERON M. LINES, ADJACENT TO THE BOUNDARY LINE OF THE TOWN, AS DESCRIBED ON THE DEED AND PREPARED PLAT ATTACHED HERETO AND INCORPORATED BY REFERENCE: WHEREAS, the owner of the real estate designated as Dorchester County TMS #145-08-00-022, located at the end of W. Smith Street and totaling approximately 13.5 acres, has petitioned the Town Council of the Town of Summerville to annex into the Town of Summerville. NOW, THEREFORE BE IT ORDAINED by the Mayor and Members of Town Council duly assembled; SECTION I. That the described land on the attached deed and prepared plat, contiguous to the boundary of the Town of Summerville is hereby annexed to, taken into and made a part of the Town of Summerville and including the public roadway(s) immediately adjacent to the property lines of the parcel for the purposes of providing public service to the parcel. SECTION II. That the properties above described and hereby annexed shall be Zoned MF-R “Multifamily Residential” and be classified as “Multifamily Residential” under the Zoning Ordinance of the Town of Summerville. Ratified this _______ day of ____________, 2024 A.D. Russ Touchberry, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: _______November 20, 2023___ FIRST READING: _____ ________ ___________ SECOND READING: ________ _____________  A RESOLUTION WHEREAS, Summerville Town Council recognizes that from time to time employment policies and procedures need to be updated; and WHEREAS, it is the desire of Summerville Town Council to adopt a newly revised Town of Summerville Employee Handbook. NOW THEREFORE, BE IT RESOLVED, that Town Council hereby adopts the newly revised Town of Summerville Employee Handbook dated August 15, 2024 and is effective at 12:01am the day following the date this Resolution is adopted. BE IT FURTHER RESOLVED, that all previous employee handbooks are hereby rescinded. Done at Summerville, South Carolina this _____ day of ______________, 2024. Russ Touchberry, Mayor ATTEST: Beth Messervy, Town Clerk  STATE OF SOUTH CAROLINA ) TOWN OF SUMMERVILLE ) Memorandum of Understanding This Agreement entered into on this day of August 2024, by and between Doors to Freedom located within the municipal limits of the Town of Summerville (Town) and the Summerville Police Department (SPD). WHEREAS, this Agreement is authorized under the law of South Carolina; and WHEREAS, the SPD is charged with protecting the safety and welfare of its citizens welfare of its citizens; and WHEREAS, Doors to Freedom is a nonprofit corporation established to provide a safe place for these survivors of Commercial Sexual Exploitation of Children (CSEC); and WHEREAS, Doors to Freedom is licensed with the Department of Social Services (DSS) to serve at risk and confirmed victims of child sex trafficking and is required to maintain voluntary cooperation with SPD in writing; and WHEREAS, the Doors to Freedom believes its voluntary cooperation with SPD will further its ultimate goal of protecting and rehabilitating the victims of CSEC. NOW THEREFORE, the parties agree as follows: 1. The above recitals are hereby incorporated to the same extent as if set out verbatim. 2. TERM: This Agreement will commence on day of August 2024, and continue for three (3) years until day of August 2027, unless terminated by either party at any time. Any mutually agreed upon amendments to this Agreement will be in writing. 3. CONDITIONS: It is mutually understood and agreed upon by and between the above aforementioned parties that: SPD will provide support to Doors to Freedom in moments of emergency. SPD’s interactions with the residents in the home will be trauma-informed in order to reduce risk of additional trauma or harm to the residents. When Incident Reports are drawn, the address of the home will be redacted in order for the location to remain confidential. Should an unknown individual come on Doors to Freedom’s property, Doors to Freedom will contact Non-Emergency Dispatch so that a welfare check can be completed and follow up can occur to maintain the safety of the residents, if needed. SPD will complete routine evening welfare checks of the Doors to Freedom property. SPD does not want assistance or any information of any kind from Doors to Freedom where the resident chooses not to cooperate or wishes to have his/her identity remain anonymous. 4. TERMINATION: This Agreement may be terminated by either party at any time. 5. NOTICES AND COMMUNICATIONS: All notices required under this Agreement to either of the parties shall be deemed properly given if sent by registered or certified mail (postage prepaid): Douglas Wright Chief of Police Town of Summerville 300 W 2nd North Street Summerville, South Carolina 29483 Sharon Rikard Executive Director Doors to Freedom 605 Central Avenue Ste. 6 #315 Summerville, South Carolina 29483 THE ABOVE MEMORANDUM OF UNDERSTANDING SHALL BE EFFECTIVE IMMEDIATELY UPON ITS EXECUTION: By: Doors to Freedom DATE Chief Douglas Wright DATE Summerville Police Department STATE OF SOUTH CAROLINA ) SCHOOL RESOURCE OFFICER ) AGREEMENT FOR DORCHESTER COUNTY OF DORCHESTER ) COUNTY SCHOOL DISTRICT TWO THIS SCHOOL RESOURCE OFFICER AGREEMENT FOR DORCHESTER COUNTY SCHOOL DISTRICT TWO (“Agreement”) entered into between DORCHESTER SCHOOL DISTRICT TWO (“School District”), SUMMERVILLE POLICE DEPARTMENT (“SPD”), and TOWN OF SUMMERVILLE (“Town”), (“Party” as to each, collectively the “Parties”). This Agreement shall be effective upon the complete execution of all Parties. WITNESSETH WHEREAS, the School District desires to continue utilizing the School Resource Officer (“SRO”) Program with SPD and the Town to provide for the assignment of an agreed upon number SROs to provide security for the School District’s schools in Town of Summerville: WHEREAS, S.C. Code of Regulations R. 43-210(V) provides that the provisions of the aforementioned Regulation and S.C. Code of Regulations R. 43-279 be included in this Agreement, and is hereby incorporated herein by reference. WHEREAS, the County was awarded a grant, State School Resource Officer Program Award No. SR-03-C1802-23, on June 10, 2022 to aid in providing costs for certain SRO equipment and salary (“SRO Program”), and attached as Exhibit A. The SRO Program funds are specific to certain state-funded SRO positions at Summerville High School. WHEREAS, some or a portion of payments being made by the School District may be funded by the SRO Program that the Town agrees to credit to the School District for all or a portion of payments made by the School District hereunder by the grant proceeds. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants, which are hereby incorporated into and made part of this Agreement, the Parties agree to as follows: Section 1: Rights and Duties of SPD. The Town will be solely responsible for recruiting, interviewing, and evaluating SROs who will, by law, serve at the pleasure of the Town, and are employees of SPD. Section 2: Term. This Agreement shall commence on July 1, 2024 and terminate June 30, 2025. Section 3: Number of SROs. The Chief shall assign regularly employed full-time armed deputies, to serve as SROs to one of each of the following schools for the school year 2024-2025. Summerville High School—three (3) officers DD2  Gregg Middle School—one (1) officer Alston Middle School—one (1) officer Oakbrook Middle School—one (1) officer Oakbrook Elementary School—one (1) officer Spann Elementary School—one (1) officer Flowertown Elementary School—one (1) officer Newington Elementary School—one (1) officer Sire Elementary School—one (1) officer Alston Bailey Elementary School—one (1) officer Summerville Elementary School—one (1) officer RISE Academy—one (1) officer The Chief shall assign one full-time supervisor to oversee the SRO program (“Supervisor(s)”). The Summerville Chief of Police (‘Chief’) shall assign one full-time supervisor dedicated solely to the School District (“Dedicated Supervisor”). The Supervisors will perform periodic visits and communicate with the respective principals. The Supervisors or their designee shall provide information or material, upon request, to assist in the completion of scheduled quarterly or yearly reports. Section 4: Compensation. Summerville Town Council retains the authority to appropriate funds for SROs and Supervisors. Summerville Town Council shall impose a fee for SRO and Supervisor services that shall be billed by the Town to the School District. In school year 2024-2025, the School District shall pay 85% of the actual cost of each SRO assigned (not covered by a grant, the amount which is equal to or greater than the actual cost), and 85% of the Dedicated Supervisor (not covered by a grant which is equal to or greater than the actual cost) who will be supervising SROs in the assigned schools based upon the number of SROs assigned to each. FY2024-2025 Fourteen SROs and $TBD Dedicated Supervisor Each year, invoices for services shall be mailed at the beginning of each quarter and payment shall be made to the Town within 30 days thereafter, with the first quarter beginning July 1, 2024. Should an additional officer be required during the course of the agreement term, the above rates shall determine compensation for SRO services. DD2  In the event the School District fails to pay the Town for services rendered, the County Treasurer’s Office is authorized to withhold from its subsequent distribution of operating millage to the School District the amount due plus 10%. Section 5: Regular Assignment of School Resource Officers. Each school listed above shall have the number of SROs agreed upon by the Chief to be assigned on a full-time basis, during the regular school year, as needed. Any SRO may be reassigned by the Chief, or his designee, during school holidays, vacations, law enforcement emergencies, or other necessity. The SROs who are assigned will be permitted to travel to off-campus school-based programs at the request of the principal or his designee, and with the consent of the Chief or his designee, for educational, law enforcement, and emergency purposes. Section 6: Duties of School Resource Officers. a. SROs shall serve as law-related educators, when practicable, assisting students and faculty with law related issues as well as conducting periodic law­ related education instruction in the classroom. b. SROs shall serve as law-related counselors, providing information and assistance to students, parents, and staff in matters related to state and local law. c. SROs shall serve as law enforcement officers, taking appropriate enforcement action, when needed, to ensure the physical security of the students and staff, as well as to maintain order. The SRO shall have sole discretion in matters of enforcement but are encouraged to work closely with the school officials. d. SROs shall develop expertise in the presentation of various law related subjects to students and staff, with particular emphasis on juvenile law, child law, and the role of the law enforcement officer. e. SROs shall encourage individual and small group discussions, of law-related matters, to further establish a relationship with the students and staff. f. Upon request, SROs shall attend parent/staff meetings to solicit support and understanding of the SRO Program as well as to provide law related assistance. g. SROs shall make themselves available, upon request, for individual parent/teacher conferences to assist with problems as it relates to law or prevention. Laws and etiquette regarding confidentiality shall be observed. h. SROs shall be familiar with community agencies and resources which offer assistance to youths and their families, such as mental health clinics, child service agencies, drug treatment centers, behavioral centers, etc. The SROs DD2  shall make referrals when needed, acting as a resource for students, parents and staff. i. The SROs and the principals shall work closely to develop plans and strategies to prevent and/or minimize potentially dangerous situations. j. SROs shall inform the principal or his designee in a timely manner, should it be necessary to conduct formal interviews with students. SROs shall adhere to DCSO policy as well as law in regard to such interviews. k. SROs shall take appropriate law enforcement action, when required, against unlawful intruders, unwanted guests, unruly students or staff, on campus or during school related activities or functions, under authority of law. SROs shall, as soon as practicable, notify the principal and Chief of such action. l. The SRO shall render assistance to other officers, and agencies, concerning matters related to the school whenever necessary. m. SROs shall maintain detailed and accurate records of enforcement activity and shall make the information available to the superintendent, principal, Chief, Town Administrator, or their designee. n. SROs shall not act as school disciplinarians, enforcing school policies or rules, as this is a school responsibility. However, in matters which may be a violation of law, the principal shall contact the SRO immediately, and the SRO shall determine whether enforcement is appropriate or necessary. o. SROs shall not be utilized or scheduled for regular cafeteria duties, hall monitoring, test monitoring, or other scheduled duties. However, if a problem area exists, the SRO shall assist until the problem is resolved. p. In cases of contested expulsions or unusual circumstances, the SRO shall provide case information and/or testimony to assist the school district in the matter. q. SROs shall, upon request, accompany the principal or designee to deliver expulsion documents if the principal or designee feels their safety may be in jeopardy. r. Upon request, and approved by the Chief, SROs may accompany students and staff to school sponsored events or locations outside of the Town, as per state law, for the purpose of providing security. The SRO shall be compensated based on the hourly rate determined by SPD, and in effect upon execution of this agreement, and the payment will be provided by the school requesting the SRO's services. s. SROs shall not make copies of, share, display, or distribute any district surveillance or district body worn camera footage without the express consent of the school principal except in emergency situations. t. SROs shall be trained by DCSO regarding the use of Narcan/Naloxone and DCSO shall provide for each SRO appropriate dosing/supply of DD2  Narcan/Naloxone which shall be carried by the SRO at all times while conducting duties pursuant to this Agreement. Section 7: Reassignment / Resignation / Dismissal of SRO. The Chief may dismiss or reassign an SRO, at his pleasure, based upon state law, SPD policy, or when in the best interest of the citizens of the Town. In the event of the resignation, reassignment, dismissal, or in the case of an extended absence of the SRO, the Chief shall assign the SRO supervisor to fill in for the SRO, and if needed, a permanent replacement will be assigned. In the event the principal of the school to which the SRO is assigned feels the particular SRO is not effectively performing his or her duties and responsibilities, the principal shall articulate their concerns in writing to the superintendent and Chief. If the Chief so desires, he shall meet with the principal and the SRO to attempt to resolve any problems or concerns which may exist. If, within a reasonable amount of time after commencement of such conflict resolution attempts, the problems or concerns cannot be resolved, or in the event conflict resolution is not sought by the Chief, the SRO, at the discretion of the Chief, shall be reassigned from the school and a replacement shall be obtained. Section 8: Rights and Duties of the School District. A. Cooperation-The School District shall require the principal of a school with an SRO to endeavor to develop a close working relationship with the SRO and, understand the SROs responsibilities, purpose, and limitations. B. Facilities 1. The School District shall provide to the SRO at each school the following materials and facilities necessary to the performance of their duties: a. Access to an air conditioned, properly lighted, lockable & secure, private office; b. A telephone to be used for business purposes; c. A lockable and secure records storage cabinet; and d. A desk with drawers, office chair, filing cabinet, office supplies, and computer with printer. C. Communication-The principal and the SRO shall make every effort to communicate with each other concerning potential problems, threats, criminal incidents and breaches of security. D. Training-School District shall pay for each SRO to attend the South Carolina Association of School Resource Officers Conference (“Conference”) every other year, staggered with half of the assigned SROs to attend each year, to include all registration fees and travel expenses, including accommodations, DD2  mileage and other incidental travel expenses pursuant to District Board Policy of the SRO during the Conference on a rotating basis, ensuring that each officer is provided the opportunity to attend at least every other year. School District may pay for each Supervisor to attend the annual Conference to include all registration fees and travel expenses, including accommodations, mileage and other incidental travel expenses pursuant to District Board Policy of the Supervisor during the Conference. Section 9: Good Faith. The Parties, their agents and employees, agree to cooperate in good faith in fulfilling the terms of this agreement. Unforeseen difficulties or questions will be resolved by negotiation between the Chief and the Superintendent. The terms of this agreement are subject to change at the end of the school year or no later than July 1st of the calendar year. Any recommended changes or modifications will be reviewed by the Chief, the Town Administrator and the Superintendent or their designees and, any recommendations to the agreement will be submitted in writing. Section 10: Liability Insurance. It is agreed that the designated officer(s) will remain employee(s) of Town with all rights, benefits and privileges thereto and shall be subject to the administration, supervision and control of the SPD. The Town shall purchase and maintain in full force and effect during the term of this agreement a general comprehensive liability insurance policy with coverage for any acts or omissions of its employees that occur or claims that are made during the term of the agreement. Section 11: Modification. This document constitutes the full understanding of the parties, and no terms, conditions, understandings, or agreements purporting to modify or vary the terms of this document shall be binding unless hereafter made in writing and signed by the parties to be changed. Section 12: Merger. This agreement constitutes a final written expression of all the terms of this agreement and is a complete and exclusive statement of those terms. Section 13: Termination. The Town and SPD may terminate the Agreement, as amended, by providing 30 days’ written notice to all parties. Section 14: Notices. Any and all notices required to be sent under this Agreement or otherwise shall be sent to the following If to the Town: If to SPD: Town of Summerville Administrator Town of Summerville Attn: Lisa Wallace, Administrator Attn: Chief Doug Wright 200 South Main Street 300 West 2nd North Street DD2  Summerville, South Carolina 29483 Summerville, South Carolina 29483 If to School District: Dorchester County School District 2 Attn: Dr. Shane Robbins, Superintendent 815 S. Main Street Summerville, South Carolina 29483 IN WITNESS WHEREOF the Parties have caused this Agreement to be executed by their undersigned officials as duly authorized. TOWN OF SUMMERVILLE TOWN OF SUMMERVILLE POLICE DEPARTMENT ___________________________ __________________________________ Lisa Wallace Douglas Wright Town Administrator Chief Date:____________________ Date:_________________ DORCHESTER DISTRICT TWO __________________________________ By: Dr. Shane Robbins Its: Superintendent Date:_____________________ DD2 STATE OF SOUTH CAROLINA ) SCHOOL RESOURCE OFFICER/ ) WEAPONS DETECTION CANINE ) AGREEMENT FOR DORCHESTER COUNTY OF DORCHESTER ) COUNTY SCHOOL DISTRICT TWO THIS SCHOOL RESOURCE OFFICER/WEAPONS DETECTION CANINE AGREEMENT FOR DORCHESTER COUNTY SCHOOL DISTRICT TWO (“Agreement”) entered into between DORCHESTER SCHOOL DISTRICT TWO (“School District”), SUMMVERVILLE POLICE DEPARTMENT (“SPD”), and TOWN OF SUMMERVILLE (“Town”), (“Party” as to each, collectively the “Parties”). This Agreement shall be effective upon the complete execution of all Parties. WITNESSETH WHEREAS, the School District desires the use of a weapons detection canine (‘canine’) at schools and school sponsored events to increase the safety and security of staff, students, and visitors. WHEREAS, SPD maintains sufficient staff to provide a School Resource Officer to the School District for the purpose of serving as a handler for the canine. WHEREAS, the Parties intend to join resources for the purpose of increasing safety and security at the schools and school sponsored events. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants, which are hereby incorporated into and made part of this Agreement, the Parties agree to as follows: Section 1: Rights and Duties of SPD. The Town will be solely responsible for recruiting, interviewing, and evaluating the SRO/Canine Handler who will, by law, serve at the pleasure of the Town, and will be an employee of SPD. The Town will be solely responsible for procuring and maintaining an appropriate vehicle for transport of the canine. The Town shall be solely responsible for obtaining, and ensuring proper training for the canine and the SRO/Canine Handler. The Town and SPD shall ensure that the canine remains certified by the South Carolina Criminal Justice Academy at all times during this Agreement. The SRO/Canine Handler shall report to the Supervisor(s) of the SRO program and ultimately to the Chief of Police. Section 2: Rights and Duties of School District. The School District will be responsible for paying the cost of procuring the canine, funding the training of the canine, and the cost of daily care for the canine including reasonably appropriate nourishment, veterinary care, and vaccinations. The canine shall be the property of and owned exclusively by the School District. Section 3: Term. This Agreement shall commence on July 1, 2024 and terminate June 30, 2025. DD2 Section 4: Compensation. Summerville Town Council retains the authority to appropriate funds for SRO/Canine Handler. Summerville Town Council shall impose a fee for the SRO/Canine Handler that shall be billed by the Town to the School District. The School District shall pay 100% of the actual cost, prorated by the dates of this Agreement, of the SRO/Canine Handler as indicated below: FY2024-2025 $TBD Each year, invoices for services shall be mailed at the beginning of each quarter and payment shall be made to the Town within 30 days thereafter, with the first quarter beginning July 1, 2024. In the event the School District fails to pay the Town for services rendered, the County Treasurer’s Office is authorized to withhold from its subsequent distribution of operating millage to the School District the amount due plus 10%. Section 5: Assignment of School Resource Officer/Canine Handler. The SRO/Canine Handler shall serve as a floating SRO throughout schools and school sponsored events in Dorchester School District Two. The Chief of SPD or their designee and the Superintendent of the School District or their designee shall coordinate to determine the schedule for the SRO/Canine Handler. SRO may be reassigned by the Chief, or his designee, during school holidays, vacations, law enforcement emergencies, or other necessity; however, the canine will not be used in a working capacity outside of Dorchester School District Two assignments. Should a special circumstance arise and upon the request of the Chief, the canine may be used outside of the District with the express permission of the Superintendent. Section 6: Duties of the SRO/Canine Handler. a. SRO/Canine Handler shall provide appropriate daily care for the canine in a fair and respectful manner. b. SRO/Canine Handler shall be responsible for the initial and ongoing training of the canine sufficient to maintain the canine’s purpose of weapon detection. DD2 c. SRO/Canine Handler shall be responsible for physical control of the canine at all times, while working and while off duty. d. SRO/Canine Handler shall be solely responsible for the actions of the canine at all times. e. SRO/Canine Handler shall serve as law enforcement related educators, when practicable, assisting students and faculty with law enforcement related issues as well as conducting periodic law­ related education instruction in the classroom. f. SRO/Canine Handler shall serve as law enforcement related counselors, providing information and assistance to students, parents, and staff in matters related to state and local law. g. SRO/Canine Handler shall serve as law enforcement officers, taking appropriate enforcement action, when needed, to ensure the physical security of the students and staff, as well as to maintain order. The SRO shall have sole discretion in matters of enforcement but are encouraged to work closely with the school officials. h. SRO/Canine Handler shall develop expertise in the presentation of various law enforcement related subjects to students and staff, with particular emphasis on juvenile law, child law, and the role of the law enforcement officer. i. SRO/Canine Handler shall encourage individual and small group discussions, of law enforcement-related matters, to further establish a relationship with the students and staff. j. Upon request, SRO/Canine Handler shall attend parent/staff meetings to solicit support and understanding of the SRO Program as well as to provide law enforcement related assistance. k. SRO/Canine Handler shall make themselves available, upon request, for individual parent/teacher conferences to assist with problems as it relates to law enforcement or crime prevention. Laws and etiquette regarding confidentiality shall be observed. l. SRO/Canine Handler shall be familiar with community agencies and resources which offer assistance to youths and their families, such as mental health clinics, child service agencies, drug treatment centers, behavioral centers, etc. The SRO/Canine Handler shall make referrals when needed, acting as a resource for students, parents and staff. m. The SRO/Canine Handler and the principals shall work closely to develop plans and strategies to prevent and/or minimize potentially dangerous situations. n. SRO/Canine Handler shall inform the principal or his designee in a timely manner, should it be necessary to conduct formal interviews with students. SRO/Canine Handler shall adhere to SPD policy as well as law in regard to such interviews. DD2  o. SRO/Canine Handler shall take appropriate law enforcement action, when required, against unlawful intruders, unwanted guests, unruly students or staff, on campus or during school related activities or functions, under authority of law. SRO/Canine Handler shall, as soon as practicable, notify the principal and Chief of such action. p. The SRO shall render assistance to other officers, and agencies, concerning matters related to the school whenever necessary. q. SRO/Canine Handler shall maintain detailed and accurate records of enforcement activity and shall make the information available to the superintendent, principal, Chief, Town Administrator, or their designee. r. SRO/Canine Handler shall not act as school disciplinarians, enforcing school policies or rules, as this is a school responsibility. However, in matters which may be a violation of law, the principal shall contact the SRO immediately, and the SRO shall determine whether enforcement is appropriate or necessary. s. SRO/Canine Handler shall not be utilized or scheduled for regular cafeteria duties, hall monitoring, test monitoring, or other scheduled duties. However, if a problem area exists, the SRO shall assist until the problem is resolved. t. In cases of contested expulsions or unusual circumstances, the SRO shall provide case information and/or testimony to assist the school district in the matter. u. SRO/Canine Handler shall, upon request, accompany the principal or designee to deliver expulsion documents if the principal or designee feels their safety may be in jeopardy. v. Upon request, and approved by the Chief, SRO/Canine Handler may accompany students and staff to school sponsored events or locations outside of the Town, as per state law, for the purpose of providing security. The SRO shall be compensated based on the hourly rate determined by SPD, and in effect upon execution of this agreement, and the payment will be provided by the school requesting the SRO's services. Section 7: Reassignment / Resignation / Dismissal of SRO. The Chief may dismiss or reassign an SRO, at his pleasure, based upon state law, SPD policy, or when in the best interest of the citizens of the Town. In the event of the resignation, reassignment, dismissal, or in the case of an extended absence of the SRO/Canine Handler, the Chief shall assign the SRO supervisor to fill in for the SRO/Canine Handler, and if needed, a permanent replacement will be assigned. The person assigned to fill in for or replace the SRO/Canine Handler shall have sufficient training and knowledge such as to ensure appropriate control of the canine and a safe environment for staff, students, and visitors exposed to the canine. If no such person can be employed in this capacity, the canine shall not be used on school grounds or at school-sponsored events; the District shall not be responsible DD2  for payment under this Agreement for the time period in which the canine may not be used under this Agreement. In the event the Superintendent feels the particular SRO/Canine Handler is not effectively performing his or her duties and responsibilities, the Superintendent shall articulate their concerns in writing to the Chief. The Chief shall meet with the Superintendent and the SRO/Canine Handler to attempt to resolve any problems or concerns which may exist. If, within a reasonable amount of time after commencement of such conflict resolution attempts, the problems or concerns cannot be resolved, or in the event conflict resolution is not sought by the Chief, the SRO/Canine Handler, at the discretion of the Chief, shall be reassigned from the school and a suitably trained replacement shall be obtained. Section 8: Rights and Duties of the School District. A. Cooperation-The School District shall require the Superintendent and/or their designee to endeavor to develop a close working relationship with the SRO/Canine Handler and, understand the SRO/Canine Handlers responsibilities, purpose, and limitations. B. Facilities 1. The School District shall provide to the SRO at each school the following materials and facilities necessary to the performance of their duties: a. Access to an air conditioned, properly lighted, lockable & secure, private office; b. A telephone to be used for business purposes; c. A lockable and secure records storage cabinet; and d. A desk with drawers, office chair, filing cabinet, office supplies, and computer with printer. C. Communication-The Superintendent and/or their designee and the SRO/Canine Handler shall make every effort to communicate with each other concerning potential problems, threats, criminal incidents, and breaches of security. D. Training- The School District shall fund any necessary training for the SRO/Canine Handler and the canine. The Town shall ensure that the canine maintains certification by the South Carolina Criminal Justice Academy and other necessary training to ensure the safety of staff and students and effectiveness of the canine and SRO/Canine Handler. Section 9: Good Faith. The Parties, their agents and employees, agree to cooperate in good faith in fulfilling the terms of this agreement. Unforeseen difficulties or questions will be resolved by negotiation between the Chief and the DD2  Superintendent. The terms of this agreement are subject to change at the end of the school year or no later than July 1st of the calendar year. Any recommended changes or modifications will be reviewed by the Chief, the Town Administrator and the Superintendent or their designees and, any recommendations to the agreement will be submitted in writing. Section 10: Liability Insurance. It is agreed that the SRO/Canine Handler will remain an employee of Town with all rights, benefits and privileges thereto and shall be subject to the administration, supervision and control of the SPD. The Town shall purchase and maintain in full force and effect during the term of this agreement a general comprehensive liability insurance policy with coverage for any acts or omissions of its employees that occur or claims that are made during the term of the agreement. The District shall notify their insurance carrier of ownership of the canine and use within the schools and at school-sponsored events. Section 11: Modification. This document constitutes the full understanding of the parties, and no terms, conditions, understandings, or agreements purporting to modify or vary the terms of this document shall be binding unless hereafter made in writing and signed by the parties to be changed. Section 12: Merger. This agreement constitutes a final written expression of all the terms of this agreement and is a complete and exclusive statement of those terms. The Parties acknowledge the existence of an Agreement regarding School Resource Officers between the Summerville Police Department and Town of Summerville and Dorchester School District Two (‘SRO Agreement’). The SRO Agreement remains in full effect and shall be read as a separate agreement from the terms agreed to herein. Section 13: Termination. The Parties may terminate the Agreement by providing 30 days’ written notice to all parties. Section 14: Recitals. All recitals shall be incorporated to the same extent as if set out verbatim. Section 15: Notices. Any and all notices required to be sent under this Agreement or otherwise shall be sent to the following If to the Town: If to SPD: Town of Summerville Administrator Town of Summerville Attn: Lisa Wallace, Administrator Attn: Chief Doug Wright 200 South Main Street 300 West 2nd North Street Summerville, South Carolina 29483 Summerville, South Carolina 29483 DD2  If to School District: Dorchester County School District Two Attn: Dr. Shane Robbins, Superintendent 815 S. Main Street Summerville, South Carolina 29483 IN WITNESS WHEREOF the Parties have caused this Agreement to be executed by their undersigned officials as duly authorized. TOWN OF SUMMERVILLE TOWN OF SUMMERVILLE POLICE DEPARTMENT ___________________________ __________________________________ Lisa Wallace Douglas Wright Town Administrator Chief Date:____________________ Date:_________________ DORCHESTER DISTRICT TWO __________________________________ By: Dr. Shane Robbins Its: Superintendent Date:_____________________ DD2