Town Council

TOWN of SUMMERVILLE, SC Town Council Meeting Council Chambers - Annex Building – 200 South Main Street Thursday, March 13, 2025 - 6:00 p.m. AGENDA 1. Call to Order 2. Invocation and Pledge of Allegiance – Councilmember Johnson-Wilson 3. Employee Recognition 4. Proclamations and Resolutions 5. Approval of Minutes of Previous Meetings a. Town Council Meeting – February 13, 2025 b. Special Council Meeting – February 19,2025 c. Special Council Meeting – February 25, 2025 d. Standing Committee Meetings – March 10, 2025 6. Public Comment** – For items on the March 13, 2025 Town Council agenda only Public comments may not be used for political purposes. It is a violation of State Law. See S.C. Code Ann § 8-13-765 7. Petitions a. Petition by Edward H. Tupper to annex TMS# 136-09-00-006, located at 1526 Central Avenue, and totaling approximately 0.48 acres. Currently zoned CN, Neighborhood Commercial, in Dorchester County and requested to be zoned G-B, General Business, following annexation into the Town of Summerville’s municipal limits. (Council District 4) Planning Commission held a public hearing and made a recommendation for denial at its meeting on January 27, 2025. Planning and Development Committee voted to move the item to full Council with no recommendation at its meeting on February 10, 2025. This item was postponed at the February 13, 2025 Council meeting until the March 13, 2025 Council meeting. Town Council Agenda – March 13, 2025 b. Petition by Trust Agreement of Jane K. Upshur to annex TMS# 136-09-00-049, located along Central Ave. and Old Parsonage Rd., and totaling approximately 2.77 acres. Currently zoned R-1, Single-Family Residential, in Dorchester County and requested to be zoned G-B, General Business, following annexation into the Town of Summerville’s municipal limits. (Council District 4) Planning Commission held a public hearing and made a recommendation for denial at its meeting on January 27, 2025. Planning and Development Committee voted to move the item to full Council with no recommendation at its meeting on February 10, 2025. This item was postponed at the February 13, 2025 Council meeting until the March 13, 2025 Council meeting. 8. Pending Bills and Resolutions a. Second and final reading of an ordinance to rezone TMS#130-10-00-074, located at 917 W. 5th North Street, totaling approximately 0.27 acres, and owned by Willie Jamison, from N-MX, Neighborhood Mixed-Use, to N-R, Neighborhood Residential (Council District 1). This item was postponed at the February 13, 2025 Council meeting until the March 13, 2025 Council meeting. b. Second and final reading of an ordinance to amend the Summerville Unified Development Ordinance (UDO), Chapter 13, Administration & Procedures, Section 13.3.5, Design Review Board. c. Second and final reading of an ordinance to amend the Summerville Unified Development Ordinance (UDO), Chapter 3, Use Provisions, Section 3.6.1 Permitted Temporary Uses. d. Second and final reading of an ordinance conveying to Willie Limehouse the remainder of Town owned property located at 110S. Maple St., TMS#130-13-00-017 conditioned upon a final settlement agreement resolving the Condemnation Case, Town v. Willie Limehouse, Case No. 2024-CP-18-631. e. Second and final reading of an ordinance conveying to Thomas A. Limehouse the remainder of Town Owned property known as 919 W. 5th North St., TMS# 130-10-00- 047 in compliance with the Mediation Agreement between the Town and Limehouse dated February 11, 2025. 9. Introduction of Bills and Resolutions a. First reading of an ordinance to rezone TMS#130-14-13-010, located at 717 and 719 W. 5th North Street, approximately 0.478 acres, and owned by Wendy G. & Matthew Keith Taylor, from N-MX, Neighborhood Mixed-Use to UC-MX, Urban Corridor Mixed-Use. (Council District 1). Planning Commission held a public hearing and made a recommendation for denial at its meeting on February 24, 2025. Planning and Development Committee voted to move the item to full Council with a recommendation for denial at its meeting on March 10, 2025. Town Council Agenda – March 13, 2025 10. Miscellaneous a. Approval of final restrictive convenants for Summerville Preserve on the Ashley. Request from Parks and Recreation Department. b. Approval of quit claim request by property owner at 303 West Richardson Avenue for a 0.12 acre portion of South Pine Street right-of-way. Public Works and Committee on Water Supply voted to move this item to full Council with a recommendation for approval at its meeting on March 10, 2025. c. Approval of quit claim request by property owner at 105 Noisette Row for approx. 0.10 acre of unopened side street right-of-way. Public Works and Committee on Water Supply voted to move this item to full Council with a recommendation for approval at its meeting on March 10, 2025. d. Consideration of adding a three way stop at Smythe Drive and King Charles Circle near the Lee Street entrance in Newington Plantation. Request by Councilmember Garten. 11. Public Comment** - Any topic Public comments may not be used for political purposes. It is a violation of State Law. S.C. Code Ann. § 8-13-765. 12. Executive Session: Legal matter a. Receive legal advice related to a potential claim 13. Other Business a. Action to be taken by Council related to Executive Session 14. Adjourn **In accordance with Town of Summerville ordinance, public comments are limited to Town Residents, Town Business Owners, and those who own and pay real property taxes located within the municipal limits of the Town of Summerville. Residents of proposed annexed properties and properties adjacent to proposed annexed properties are allowed to make public comment.  Mayor Town Administrator Russ Touchberry Scott Slatton Council Members: Town Clerk Aaron Brown Beth Messervy Tiffany Johnson-Wilson Richard G. Waring, IV Town Attorney Kima Garten G.W. Parker Bob Jackson Matt Halter Town of Summerville, SC COUNCIL MEETING MINUTES February 13, 2025 ATTENDANCE Present: Mayor Russ Touchberry, Councilmembers Aaron Brown, Tiffany Johnson-Wilson, Kima Garten, Bob Jackson, Matt Halter and Richard G. Waring, IV. Also in attendance were Town Administrator Scott Slatton, Town Attorney GW Parker, and Town Clerk Beth Messervy. A quorum was met. Public and press were duly notified. The meeting took place in Council Chambers at 200 South Main Street and was livestreamed from the Town’s website. CALL TO ORDER Mayor Touchberry called the meeting to order at 6:00pm on Thursday, February 13, 2025. Councilmember Richard Waring gave the invocation, followed by the Pledge of Allegiance. EMPLOYEE RECOGNITION Mayor Touchberry recognized Dee Eaton, Payroll Technician, for her hard work and dedication to the Town of Summerville, going above and beyond her job duties to help out any way that she can. SPECIAL RECOGNITION Mayor Touchberry recognized members of the Summerville Police Department for their brave actions during a dangerous incident in a residential area in February 2023 and stated that he would be presenting the first Mayor’s Challenge Coins to each of them. PROCLAMATIONS AND RESOLUTIONS Mayor Touchberry presented a resolution in honor of Coach Pat Eidson for reaching the milestone of winningest high school basketball coach in the nation. Town Council Meeting Minutes – February 13, 2025 Page 2 APPROVAL OF MINUTES Mr. Waring made a motion, seconded by Mr. Jackson, to approve minutes from the Town Council Meeting – January 9, 2025, Special Council Meeting (Mid-Year Budget Review) – January 16, 2025, Special Council Meeting – February 10, 2025, and Standing Committee Meetings – February 10, 2025. The motion carried unanimously. PUBLIC COMMENT – FEBRUARY 13, 2025 AGENDA ITEMS The Mayor opened the Public Comment portion of the meeting. Town Clerk Beth Messervy read aloud two public comments submitted via email: Karyn Healey and Laura Crosby. The comments are included with the minutes. Chelsey Bozich stated that the UDO should not be changed to cater to a specific resident. She also stated that there are properties in Town limits that have been violating the UDO for years with no regulation. Adriaan Kwist stated that the UDO is the best zoning regulation document that can protect the Town’s historical homes. He also stated that it is a conflict of interest for Councilmember Johnson-Wilson to participate in the discussions regarding changing the Bed and Breakfast section of the UDO. Megan Dungan stated that she and her family live in a bed and breakfast on Central Avenue, while also owning and running several other bed and breakfasts in Town. She expressed her concern with getting clear guidance from the Town for their properties being out of compliance. She also stated that her neighbors are sending letters to other bed and breakfast owners to “spread lies about [her] family.” Lauren Sheldon introduced herself as the property manager and innkeeper of the bed and breakfast on S. Magnolia Street that is owned by the Dungans. Ms. Sheldon stated that she has had to repeatedly prove to the Town that she does, in fact, live in the bed and breakfast, because of calls from her neighbors to the Town that state otherwise. She asked the Town to stop getting caught up in unfounded complaints. Justin Dungan stated that he opened his bed and breakfast on S. Magnolia Street 8 years ago and has hosted thousands of stays. He also stated that his property produces revenue by bringing tourists into Summerville to eat, shop, and dine. Mr. Dungan expressed his concern with the harassment and false accusations by his neighbors regarding his bed and breakfast properties. Jana Riley, the Executive Director of the Public Works Art Center, stated that the cultural arts organizations in Town want to claim Summerville at the Cultural Arts District in the Lowcountry. She urged Council to vote in favor of the resolution to establish the Town of Summerville’s Cultural Arts District. Birdie Crosby asked that Council deny amending the UDO’s bed and breakfast section. He stated that the citizens spoke out against it at the Planning Commission meeting and that the state Town Council Meeting Minutes – February 13, 2025 Page 3 law supercedes municipal ordinances regarding ownership. He submitted a document to be recorded with the minutes from the February 13, 2025 Council meeting. Deb Campeau gave a recap of Summerville’s most recent Urban Forest Master Plan, which showed that the tree canopy has been lessened by 11%. Ms. Campeau stated that the 2021 Franchise Agreement between the Town of Summerville and Dominion Energy shows that the Town and Dominion are required to set aside funds for projects such as moving utilities underground; she also stated that funds have not been used as intended. She asked that the FY26 budget include monies set aside for underground utilities. Peter Gorman expressed his concern with the Dungan’s bed and breakfast properties being out of compliance with the UDO and the Town not following up to make sure that the Dungans make the proper corrections to their bed and breakfast properties to come into compliance. Mr. Gorman stated that he and his neighbors have been successful twice with the Planning Commission to keep the lodging section of the UDO as is written. Debbee Tomcyzk stated that the Town should not change the UDO with amendments to accommodate one citizen’s problem. She expressed her concern with the Town not following through with complaints of violations of the UDO at specific bed and breakfast properties in Town. PETITIONS Mr. Waring made a motion, seconded by Mr. Halter, to move items 7a and 7b to the March 13, 2025 Council meeting. Item 7a: Petition by Edward H. Tupper to annex TMS# 136-09-00-006, located at 1526 Central Avenue, and totaling approximately 0.48 acres. Currently zoned CN, Neighborhood Commercial, in Dorchester County and requested to be zoned G-B, General Business, following annexation into the Town of Summerville’s municipal limits. (Council District 4) Item 7b: Petition by Trust Agreement of Jane K. Upshur to annex TMS# 136-09-00- 049, located along Central Ave. and Old Parsonage Rd., and totaling approximately 2.77 acres. Currently zoned R-1, Single-Family Residential, in Dorchester County and requested to be zoned G-B, General Business, following annexation into the Town of Summerville’s municipal limits. (Council District 4). The motion carried unanimously. PENDING BILLS AND RESOLUTIONS Mr. Halter made a motion, seconded by Mr. Jackson, to give second and final reading of an ordinance to annex TMS#s 145-15-03-044 and -045, located at 431-441 Old Trolley Rd., and totaling approximately 2.13 acres. Currently zoned CG, General Commercial, in Dorchester County and requested to be zoned UC-MX, Urban Corridor Mixed-Use, following annexation into the Town of Summerville’s municipal limits. (Council District 3). The motion carried unanimously. Mr. Waring made a motion, seconded by Ms. Johnson-Wilson, to postpone second and final reading of an ordinance to rezone TMS#130-10-00-074, located at 917 W. 5th North Street, totaling approximately 0.27 acres, and owned by Willie Jamison, from N-MX, Neighborhood Mixed-Use, to N-R, Neighborhood Residential (Council District 1) until the March 13, 2025 Council meeting. The motion carried unanimously. Town Council Meeting Minutes – February 13, 2025 Page 4 Mr. Waring made a motion, seconded by Mr. Halter, to postpone 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) to the November 13, 2025 Council meeting. The motion carried unanimously. INTRODUCTION OF BILLS AND RESOLUTIONS Mr. Jackson made a motion, seconded by Mr. Brown, to approve a resolution for the Town of Summerville to establish a Cultural Arts District. Some discussion followed. The motion carried unanimously. Mr. Waring made a motion, seconded by Mr. Jackson, to approve a resolution directing the Town of Summerville Planning Commission to conduct a review of and make recommendations for an amended Capital Improvements Plan and revised Impact Fee Ordinance, as required by the South Carolina Development Fee Act. S.C. Code of Laws § 6-1-910, et seq. Some discussion followed. The motion carried unanimously. Mr. Halter made a motion, seconded by Mr. Jackson, to give first reading of an ordinance to amend the Summerville Unified Development Ordinance (UDO), Chapter 13, Administration & Procedures, Section 13.3.5, Design Review Board. Mr. Halter explained that this amendment is to exclude projects on public lands with structures of 1000 sq feet or less from being sent to full Council for approval. The motion carried unanimously. Ms. Johnson-Wilson made a motion, seconded by Mr. Jackson, to amend the draft presented on screen and in the agenda packet of the first reading of an ordinance to amend the Summerville Unified Development Ordinance (UDO), Chapter 3, Use Provisions, Section 3.4.3 Lodging. Ms. Johnson-Wilson stated for the record: “Our town's first economic prosperity can be traced back to the Pineforest Inn, from 1871. This tradition has contributed significantly to what makes Summerville unique. Bed and Breakfasts are pillars of Summerville's heritage. I am aware of the concerns and opposition regarding one of our long-standing B&Bs. While I respect every citizen's right to express their views, it is crucial that our discussions are based on facts and not misinformation. Let me be clear and state for the record, I have never owned, operated or plan to own or operate a bed and breakfast in Summerville or anywhere else for that matter. The threats, harassment, and false accusations have no place in civic processes anywhere in this country and certainly not Summerville. I hope we can all rise above personal conflicts and focus on what benefits Summerville as a whole. Today, we face a concerning trend: three of our six B&Bs are for sale, signaling a decline in this historic art. It's an indicator that our current regulations may be too restrictive and out of step with the needs of these businesses. In recognition of these challenges, I make a motion for two amendments: Town Council Meeting Minutes – February 13, 2025 Page 5 1. To allow B&Bs the option to hire professional resident innkeepers. This change will ensure high standards of hospitality and operational efficiency, which are crucial for the success and professional management of these establishments. 2.: To permit B&Bs to have up to 7 bedrooms. This is still less restrictive than the South Carolina Bed and Breakfast Act, which allows up to 10 bedrooms. This amendment will enable B&B owners to serve more guests without compromising the intimate, historic nature of their establishments. Tonight, I humbly ask for your support as residents of Summerville, in making these thoughtful amendments. By doing so, we not only safeguard our heritage but also revive and sustain the businesses that help make Summerville a desirable destination. Let us lead with vision and empathy, ensuring our regulations reflect the needs of our entire community, where our historic bed and breakfasts can continue to contribute to Summerville's charm and economic vitality.” Mr. Halter expressed his concern for changing the UDO in the way Ms. Johnson-Wilson presented, as the changes may have unintended consequences on short term rentals and air bnbs. He stated that he would vote for first reading, but that there is still more work to be done to amend this section of the UDO. Ms. Garten stated that she has concerns about several bed and breakfasts being out of compliance and requested more information on this topic. Mr. Jackson stated that staff and Council have a lot of investigation and fact finding to do. Mr. Waring stated that he is not in favor of amending the proposed amendment to increase the number of rooms in a bed and breakfast from 5, as proposed, to 7, as Ms. Johnson-Wilson motioned. Mr. Waring expressed his concern that increasing the number of rooms would lead to property owners adding multiple ADUs on their properties; he stated that he is not ready to give first reading to the proposed amendment. Mayor Touchberry stated that while he is interested in helping the businesses in Town be successful, he does not feel that the proposed amendments to the bed and breakfast section of the UDO are where they need to be. Ms. Johnson-Wilson amended her original motion to instead pass first reading of the UDO amendment as presented on screen and in the agenda packet. Mr. Jackson seconded her motion to amend. Mayor Touchberry asked for Ms. Johnson-Wilson to confirm that her motion was to pass first reading of the ordinance amendment as presented and to ask staff to take Council’s concerns from the discussion and present another draft of the UDO amendment for the bed and breakfast section only. Ms. Johnson-Wilson did confirm. The motion to give first reading to the amendment to the UDO passed 6-1, with Mr. Waring voting in opposition. Ms. Johnson-Wilson made a motion, seconded by Mr. Jackson, to give first reading to an ordinance to amend the Summerville Unified Development Ordinance (UDO), Chapter 3, Use Provisions, Section 3.6.1 Permitted Temporary Uses. The motion carried unanimously. Mr. Waring made a motion, seconded by Ms. Garten-Schmidt, to postpone first reading of an ordinance to convey a portion of Town owned property, TMS#130-13-00-017, until after Executive Session. The motion carried unanimously. Town Council Meeting Minutes – February 13, 2025 Page 6 Mr. Waring made a motion, seconded by Mr. Halter, to postpone first reading of an ordinance to approve a quit claim deed to Thomas A. Limehouse a portion of Town owned property known as 919 West 5th North St., Summerville, SC. The motion carried unanimously. MISCELLANEOUS Ms. Johnson-Wilson read the following statement for the record: “I would like us as council to champion an initiative for our area that promises not only to enhance safety but also to invigorate our economy and community life. Adopting a Complete Streets policy, a proven approach that reimagines our streets to serve everyone, not just drivers but pedestrians, cyclists, users of all ages and abilities. Smart Growth America, has conducted extensive research showing the multitude of benefits that Complete Streets projects bring to communities just like ours. In a study of 37 projects, complete streets significantly reduced traffic collisions and injuries, saving an estimated $18.1 million in collision and injury costs in just one year based on DOT data. These projects have consistently increased pedestrian and bicycle use. They encourage a healthy, active lifestyle which is vital as we tackle broader public health challenges. The economic data is compelling. Post-implementation, communities have seen a rise in employment levels, an influx of new businesses, and increased private investments. Eight of the ten communities surveyed credited complete streets projects with sparking increased private sector investment. Property values have climbed in all 37 research areas making such improvements. Adopting a Complete Streets policy is not just an investment in infrastructure; it's an investment in our community's future. It supports economic growth, enhances public safety, and promotes a healthier, more active lifestyle. I make a motion that new developments in our town include complete streets principles from the outset. This policy will not only ensure safer, more accessible streets but will also enhance the overall quality of life for all residents and attract more business to our area.” Mayor Touchberry stated that the UDO does contain verbiage mirroring a Complete Streets policy. Ms. Garten made a motion, seconded by Mr. Brown, to authorize the Town Administrator to enter into agreements with SCDOT for snow and debris removal on state roads. The motion carried unanimously. Mr. Jackson made a motion, seconded by Ms. Garten to authorize the Town Administrator to sign Right of Entry Agreement for the Maple Street Project between Dorchester County, Interfor U.S. Inc, and the Town. Michael Baker International drafted this agreement as the Right of Way Agent. The motion carried unanimously. Ms. Johnson-Wilson stated that she would like to discuss moving utilities underground at the February 19, 2025 Special Council meeting (budget workshop). Mr. Jackson stated that moving Town Council Meeting Minutes – February 13, 2025 Page 7 utilities underground would be addressed in the Vision Plan and the Main Street Resiliency project. Mr. Jackson made a motion, seconded by Mr. Brown, to authorize the Town of Summerville and the Summerville Parks Foundation to collaborate for a special event celebrating the completion of the Berlin G. Myers Parkway Extension. The motion carried unanimously. Mr. Jackson made a motion, seconded by Mr. Brown, to authorize the purchase of Modular Vehicle Barriers for use by the Town for special events. The motion carried unanimously. PUBLIC COMMENTS (open) The Mayor opened up the floor to public comments from citizens. Bruce Coker and Jeanne Whiteman requested that the Town open the North Gum Street Extension and construct a curb cut for an additional ingress to his business on North Main Street. Joe Debney spoke on behalf of the Town’s Bicycle and Pedestrian Committee to thank the Council for discussion a Complete Streets policy. EXECUTIVE SESSION: Mr. Waring made a motion, seconded by Mr. Jackson, to enter into Executive Session for a) Contractual matters related to Town owned property (TMS #137-00-00-002 / PID 1370000002000) b) Legal matter related to Mediation Agreement c) To receive legal advice on sale of a .084 ac. tract of land owned by the Town d) Personnel matters related to appointment to the Board of Zoning Appeals Ms. Johnson-Wilson stated that she is recusing herself from the discussion of item A in Executive Session and would not be in the room during that time. The motion carried 6-0, and the Mayor and remaining members of Council entered into Executive Session at 7:33pm. Ms. Johnson-Wilson left the meeting before being called back into Executive Session for items b-d. Mr. Waring made a motion, seconded by Ms. Garten, to return from Executive Session. The motion carried, and Council returned to open session at 7:59pm. Town Attorney GW Parker stated that Council met in Executive Session to for: a) Contractual matters related to Town owned property (TMS #137-00-00-002 / PID 1370000002000) b) Legal matter related to Mediation Agreement c) To receive legal advice on sale of a .084 ac. tract of land owned by the Town d) Personnel matters related to appointment to the Board of Zoning Appeals He stated that no action was taken in Executive Session on items a-d. OTHER BUSINESS: Town Council Meeting Minutes – February 13, 2025 Page 8 Mr. Brown made a motion, seconded by Mr. Jackson, to appoint Frank Staropoli to the Board of Zoning Appeals to fulfill the unexpired term of Lionel Lawson. The motion carried 6-0. Mr. Waring made a motion, seconded by Mr. Halter, to reject all offers related to town owned property TMS 137-00-00-002 obtained by RFP. The motion carried 6-0. Mr. Waring made a motion, seconded by Mr. Halter, to approve a mediation agreement dated February 11, 2025 involving four condemnation cases for tracts 44, 53-4, 79, and 80 in the North Maple Street project. The motion carried 6-0. Mr. Waring made a motion, seconded by Mr. Jackson, to convey a portion of Town owned property, TMS#130-13-00-017, to Willie Limehouse. The motion carried 6-0. Mr. Waring made a motion, seconded by Mr. Halter, to approve a quit claim deed to Thomas A. Limehouse a portion of Town owned property known as 919 West 5th North St., Summerville, SC. The motion carried 6-0. ADJOURN: Mr. Waring made a motion, seconded by Ms. Garten, to adjourn the meeting. The motion carried unanimously, and the Mayor adjourned the meeting at 8:04pm. Respectfully Submitted, APPROVED: Beth Messervy, Town Clerk Russ Touchberry, Mayor From: Messervy, Beth To: publiccomments Subject: FW: Municipal Ordinances Must Be Legal Date: Tuesday, February 11, 2025 10:54:07 AM -------- Original message -------- From: Laura CROSBY <laura166@bellsouth.net> Date: 2/11/25 9:55 AM (GMT-05:00) To: "Shuler, Jessi" <JShuler@summervillesc.gov> Cc: Laura CROSBY <laura166@bellsouth.net>, "debbeet debbeet.com" <debbeet@debbeet.com>, Chelsey Bozich <chelseybozich@gmail.com>, Karyn Healey <healeyjk@gmail.com>, Peter <aaiwest@aol.com> Subject: Municipal Ordinances Must Be Legal Caution: This email originated from outside of the organization. Please take care when clicking links or opening attachments. Hi Jessi, I request that the following letter be read at the full Council meeting Thursday. Please let me know that you have received it. Thank you, Laura —————- Quoting from an Opinion given by the Honorable Alan Wilson, SC Attorney General on 11/16/2021, the Legislature gave municipalities broad authority to enact ordinances “not inconsistent with the CONSTITUTION and general laws of the State. Powers, duties and responsibilities granted local government subdivisions by the CONSTITUTION and by LAW shall include those fairly implied and NOT PROHIBITED BY THIS CONSTITUTION.” The Attorney General opined that determining whether a local ordinance is valid is a two-step process. He states, “The court first considers whether the municipality had the power to enact the ordinance and if the State has PREEMPTED a particular area of legislation, a municipality is without power to regulate the field. If the municipality had the power to enact the ordinance, the Court then determines whether the ordinance is consistent with the constitution and the general law of the State.” It is my opinion, from what I have read, that the Town never had the authority to permit a $10 LLC member to “be the owner” of a B&B. SC Title 45 requires home-stay B&Bs to be owner-operated. Only single-member LLCs that own property occupied by the same single-member, qualifies for 4% “primary residency” tax rate (Source: Dorchester County Auditor’s Office). Under Title 45, “resident innkeepers” qualify for 4% property tax since resident-innkeepers own the property and the B&B is their primary residence. Are Sumerville’s Municipal Ordinances (UDO) allowing 50% member LLC owners who serve as “resident innkeepers” legal? Chapter 44, Uniform LLC Company Act of 1996 states that “an LLC member is NOT a co-owner” (33-44-501). While 33-44-112 states that “Unless its articles of organization provide otherwise, a LLC has the same powers as an individual to do all things necessary or convenient to carry on its business affairs……” 33-44-112 does NOT allow B&Bs in which minor LLC members reside in property owned by the LLC to claim 4% property tax rates. 4% property tax and 6% property tax are “irreconcilable” in my opinion. 115 S. Magnolia, “Magnolia B&B, LLC” pays 6% property tax. It is my opinion that the Attorney General has already settled the matter of municipal ordinances that run afoul of the law. I cannot seek an Opinion from the Attorney General. Therefore, I suggest if Council and the Town’s attorneys, after reading this Opinion, still believe that a multi-member LLC can station one of its members in a property that it owns, and claim that member’s status as “property owner” to be “legal,” it should request an Opinion from the SC Attorney General’s office. Citizens in the Summerville community anxiously await the Opinion. If this ordinance which is sketchy, at best, continues to be enforced, the Town could find itself legally challenged. Laura S. Crosby 207 E Richardson Ave. Summerville, SC 29483 Sent from my iPhone  Mayor Town Administrator Russ Touchberry Scott Slatton Council Members: Town Clerk Aaron Brown Beth Messervy Tiffany Johnson-Wilson Richard G. Waring, IV Town Attorney Kima Garten G.W. Parker Bob Jackson Matt Halter Town of Summerville SPECIAL CALLED COUNCIL MEETING BUDGET PRIORITY WORKSHOP February 19, 2025 ATTENDANCE Present: Mayor Russ Touchberry, Councilmembers Kima Garten, Bob Jackson, Aaron Brown, Tiffany Johnson-Wilson, Matt Halter and Richard G. Waring, IV. Also in attendance were Town Administrator Scott Slatton, Town Attorney GW Parker, Town Clerk Beth Messervy, and select staff. A quorum was met. Public and press were duly notified and present. The meeting took place in the board room of the Greater Summerville/Dorchester County Chamber of Commerce at 402 North Main Street, Summerville, SC 29483. CALL TO ORDER Mayor Touchberry called the meeting to order at 9:00am. MISCELLANEOUS BUSINESS Mr. Waring made a motion, seconded by Mr. Jackson, to give second and final reading to an ordinance to annex a portion of TMS# 136-00-00-249, located at Orangeburg Rd. and Hershey Cir., and totaling approximately 0.95 acres to be combined with TMS#s 136-00-00-279 and -280. Currently zoned R-2(M), Single-Family Residential Manufactured Housing, in Dorchester County and requested to be zoned G-B, General Business, following annexation into the Town of Summerville’s municipal limits. (Council District 4). The motion carried unanimously. Mr. Jackson made a motion, seconded by Mr. Brown, to approve the minutes of the Public Safety Committee, Public Works and Committee on Water Supply, Planning and Development Committee, and Finance Committee meetings from February 10, 2025. The motion carried unanimously. PRESENTATION BY RHONDA MOORE – FINANCE DIRECTOR Ms. Moore presented the preliminary revenues and personnel expenses from FY25, as well as the actual revenues and personnel expenses from 2022, 2023, and 2024. She reported an increase in property tax revenue, business license revenue, and local option sales tax revenue (Berkeley and Charleston Counties). Ms. Moore went through the line items of revenue sources and answered questions from Council. Ms. Moore stated that personnel expenses are the biggest expenditure in the budget. She reviewed a summary of the Town’s fringe benefits costs, and Chris Grant, Human Resources Director, went into more detail on the Town’s cost of insurance. GRANTS REPORT BY KAT HILL – GRANTS COORDINATOR Special Town Council Meeting Minutes – January 16, 2025 Page 2 Ms. Hill presented a list of grant match obligations, which Ms. Moore stated will be included in the upcoming budget. Ms. Hill reviewed each grant match in detail and answered questions from the Council. Mr. Slatton reminded Council that they should keep in mind that federal grant money is being held up by the current federal administration by means of a freeze. COUNCIL PRIORITIES EXERCISE Town Administrator Scott Slatton led Council through an exercise to identify each Councilmembers’ priorities from the requests submitted by the Department Heads at a previous budget workshop, as well as their priorities that are outside of the Department Heads’ requests. The results of the exercise are included with these minutes. ADJOURN: Mr. Jackson made a motion, seconded by Mr. Waring, to adjourn the meeting. There being no further business, the Mayor adjourned the meeting at 12:04pm on a unanimous vote of Council. Respectfully Submitted, APPROVED: Beth Messervy, Town Clerk Russ Touchberry, Mayor  Mayor Town Administrator Russ Touchberry Scott Slatton Council Members: Town Clerk Aaron Brown Beth Messervy Tiffany Johnson-Wilson Richard G. Waring, IV Town Attorney Kima Garten G.W. Parker Bob Jackson Matt Halter Town of Summerville SPECIAL CALLED COUNCIL MEETING February 25, 2025 ATTENDANCE Present in-person: Mayor Russ Touchberry, Councilmembers Aaron Brown and Richard Waring. Present virtually via Zoom: Councilmembers Bob Jackson and Matt Halter. Absent: Councilmembers Kima Garten and Tiffany Johnson-Wilson. Also in attendance were 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 11:00am. BUSINESS Mr. Jackson made a motion, seconded by Mr. Brown, to authorize the Town Administrator to approve the amended force account estimate of $702,018 from Norfolk Southern for at-grade crossing widening expenses associated with the North Maple Street Project. The motion carried 5-0. Mr. Waring made a motion, seconded by Mr. Brown, to issue a purchase order to North Carolina Railway Service in the amount of $120,525 for flagging service connected with North Maple Street Project. Repayment to come from the Roads Fund. The motion carried 5-0. ADJOURN: There being no further business, Mr. Waring made a motion, seconded by Mr. Halter, to adjourn the meeting. The motion carried unanimously, and the Mayor adjourned the meeting at 11:02am. 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: Scott Slatton, Town Administrator FROM: Amy Evans, Parks & Recreation Director DATE: RE: March 11, 2025 T March Parks & Recreation Committee Minutes AF The Parks & Recreation Committee met on Monday, March 10, 2025 in the Council Chambers of the Town Hall Annex. Chairman Bob Jackson and committee members Aaron Brown and Tiffany Johnson-Wilson participated in the meeting. The meeting was called to order at 5:30PM. Ms. Evans requested authorization to apply for a PARD grant in the amount of $75,000 for the Short Central renovation project being championed by Summerville Dream. The entire project is estimated to cost $93,750. Mr. Scott Slatton shared that another funding source could be coming available which R would mean these funds might not be needed. No action was taken, but it was noted that this was an action item on the Finance Committee Agenda. Ms. Evans shared that staff would like to convert one of the multi-purpose rooms at the Rollins Edwards Community Center into a computer lab. This would allow for expanded programming. This D project, Level Up Summerville, is estimated to cost $50,000 or $5,000/per station. The committee was supportive of the addition. Sponsorships will be solicited to complete the project. With no other business to discuss, Ms. Johnson-Wilson made a motion (seconded by Mr. Brown) to adjourn. Motion passed unanimously and the meeting adjourned at 5:37PM. Sincerely, Amy Evans Parks & Recreation Director Town of Summerville  PLANNING AND DEVELOPMENT COMMITTEE REPORT for March 10, 2025 5:30 PM The Planning and Development Committee of Town Council met on March 10, 2025. The meeting was held in the Council Chambers of Town Hall, 200 S. Main Street, Summerville, SC. Committee members present included Richard Waring, Council District 4; Matt Halter, Council District 3; and Bob Jackson, Council District 6. Staff members present included Jessi Shuler, AICP, Director of Planning and other Town staff. The meeting was called to order immediately after the Parks and Recreation Committee meeting at 5:38 PM. Rezoning: Ms. Shuler introduced the request to rezone TMS#130-14-13-010, located at 717 and 719 W. 5th North Street, approximately 0.478 acres, and owned by Wendy G. & Matthew Keith Taylor, from N-MX, Neighborhood Mixed-Use to UC-MX, Urban Corridor Mixed-Use. (Council District 1). She stated that the Planning Commission held a public hearing and made a recommendation for denial at their meeting on February 24, 2025. Mr. Jackson asked why the Planning Commission recommended denial, and Ms. Shuler explained that the property was immediately adjacent to single-family residential in the T rear and across the street from the middle school, so the Planning Commission felt that the current zoning was the most appropriate zoning for the area. Mr. Halter made a motion to send the item to Council with a recommendation for denial, and Mr. Jackson made the second. The motion passed unanimously. AF Following no additional business or discussion, the meeting was adjourned at 5:39 PM on a motion by Mr. Halter and a second by Mr. Jackson. Respectfully submitted, Jessi Shuler, AICP Director of Planning March 11, 2025 R D  Town of Summerville PUBLIC WORKS AND COMMITTEE ON WATER SUPPLY March 10, 2025 The Public Works and Committee on Water Supply met on Monday, March 10, 2025 in Council Chambers at 200 South Main Street. Chairperson Kima Garten called the meeting to order at 5:40pm. Committee members Kima Garten, Tiffany Johnson-Wilson, and Richard Waring 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. Miley stated that Mr. Coker, owner of the property at 1103 North Main Street, has requested that the section of North Gum Street behind his building be opened for ingress to his business. She reported that his property is not annexed within the Town limits, and he has not started the process of annexation. Ms. Miley stated that in order to grant this request, Mr. Coker would have to have permission of the property owners on either side of the said section of North Gum Street is, and he has been told that. Planning Director Jessi Shuler explained that there is not a North Gum Street extension that connects to the public right of way without going through the Home Depot and Earthfare properties, which are privately owned. Ms. Johnson-Wilson made a motion, seconded by Mr. Waring, to postpone the discussion until the April Public Works Committee meeting in order to find out more about the situation. The motion carried unanimously. On the agenda item for the quit claim request by the property owner of 303 West Richardson Avenue, Ms. Johnson-Wilson recused herself from the discussion and vote. Ms. Miley explained that staff has reviewed the plat of the property and has no problem granting the quit claim to the 303 West Richardson property owner. Mr. Waring made a motion, seconded by Ms. Garten, to move the item to full Council with a recommendation for approval. The motion carried 2-0, with Ms. Johnson-Wilson recusing herself. On the agenda item for the quit claim request by the property owner of 105 Noisette Row, Ms. Miley explained that the property owners are building one single family residential home on the property and would like the Town’s right of way on the property so that they can stop people from parking there and using it as a turnaround. Ms. Miley stated that staff had no problem with granting this quit claim request. Ms. Johnson-Wilson made a motion, seconded by Mr. Waring, to move the item to full Council with a recommendation for approval. The motion carried unanimously. On the agenda item for the potential sale of Town owned property on the corner of Boone Street and Hutson Drive, Ms. Miley explained that the owner of the gas station on the adjacent lot expressed interest in purchasing the Town’s property to make a larger parking area. Mr. Waring made a motion, seconded by Ms. Garten, to postpone the item indefinitely until the Town and Council have a chance to discuss improvements to that intersection. The motion carried unanimously. Mr. Waring made a motion, seconded by Ms. Johnson-Wilson, to adjourn the meeting. There being no further business, Ms. Garten adjourned the meeting at 6:00pm on a unanimous vote. Respectfully submitted, __________________________ Beth Messervy, Town Clerk  TOWN of SUMMERVILLE, SC FINANCE COMMITTEE REPORT March 10, 2025 The Finance Committee met on Monday, March 10, 2025. Present were Mayor Touchberry and Committee members Richard Waring, Tiffany Johnson-Wilson, Aaron Brown, Matt Halter, Bob Jackson, and Kima Garten. Also present were Town Administrator Scott Slatton, 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 6:02pm. Presentation of Rhonda Moore, Finance Director, presented the February 2025 financial Financial statements. Statements Presentation of Emily Sobczak with Greene, Finney, and Cauley, LLP presented the FY24 Audit Town’s audit report for Fiscal Year ending June 30, 2024. She reported a Findings clean audit and answered questions from the committee. Public Safety Ms. Moore presented several borrowing options to fund the new public Facility safety complex. She stated that David Cheatwood, the Town’s financial Financing advisor, recommended an Installment Purchase Revenue Bond as a Options potential funding source. The slides presented during the Finance Committee meeting are included with these minutes. Please note that all numbers presented are estimates. Miscellaneous Mr. Jackson made a motion, seconded by Ms. Johnson-Wilson, to surplus and sell Parks and Recreation vehicles/equipment: RM27, a 1991 1130 Case Tractor and R109, a 2001 Chevy S-10 with 171,737 miles. The motion carried unanimously. Mr. Brown made a motion, seconded by Ms. Johnson-Wilson, to authorize the Parks and Recreation Department to apply for a PARD grant through the State of South Carolina for renovations to Short Central Avenue. The motion carried unanimously. Mr. Jackson made a motion, seconded by Mr. Halter, for the Fire and Rescue Department to spend up to $286,185 from the general fund balance for a reserve ladder truck. The motion carried unanimously. Mr. Jackson made a motion, seconded by Ms. Johnson-Wilson, for staff to enter into an agreement with Woodard Agency to move to them as the Town’s group insurance broker. Some discussion followed with Chris Grant, Human Resources Manager, reporting that staff met with 6 total brokers before choosing Woodard. The motion carried unanimously. Finance Committee Report March 10, 2025 Page 2 Mr. Waring made a motion, seconded by Mr. Brown, to authorize Chief Wright to sign a Memorandum of Understanding on deputization of law enforcement officers as Secret Service Task Force Officers (TFOs) between the Summerville Police Department and the United States Secret Service. The motion carried unanimously. Town Mr. Slatton reminded everyone that there is a Special Council meeting to Administrator’s review the first draft of the FY26 budget on Wednesday, March 19, 2025 Report at 9am in the Training Room. He reported that he is working towards contract consolidation across departments (i.e. all departments using the same HVAC service company), as well as working with staff to maximize the use of Citizenserve. Executive N/A Session/Other Business Adjourn Mr. Jackson made a motion, seconded by Mr. Brown, to adjourn the meeting. The motion carried unanimously, and the meeting adjourned at 7:00pm. Respectfully submitted, Beth Messervy, Town Clerk  Installment Purchase Revenue Bond Estimated Income Cash Upfront to Contribute to Millage Debt Service Cost/Debt Equivalent Equivalent 2022 Bond Issuance 10,000,000.00 GF - Sale of Real Estate 5,500,000.00 GF - Fund Balance 2,000,000.00 Potential Revenues Impact Fees 1,272,750.00 19,800,000.00 3.86 TIF Borrowings 1,400,000.00 15,000,000.00 A-Tax 425,000.00 6,500,000.00 GF Revenues (freed by absorption of expenses by HTAX) 214,000.00 3,200,000.00 Total 3,311,750.00 62,000,000.00 The installment Purchase Revenue Bond is very Flexible. Council may decide annually which "buckets" of revenue to use in repayment. PLEASE NOTE THAT THESE NUMBERS ARE ALL ESTIMATES AND NOT ACTUAL FIGURES.  FUTURE REVENUES THAT COULD BE USED TO FUND DEBT SERVICE Years to Dollars Available from Paid off Debt Maturity Fund Amount GO Bond Debt 12 General 445,000.00 Lease Purchase 1 General 278,000.00 Lease Purchase 6 General 124,000.00 Hospitality 10 Hospitality 585,000.00 Franchise Fee Pledge 10 Franchise Fee/Roads 1,180,000.00 PLEASE NOTE THAT THESE NUMBERS ARE ALL ESTIMATES AND NOT ACTUAL FIGURES.  ORDINANCE TO AMEND THE ZONING MAP OF THE TOWN OF SUMMERVILLE TO ZONE THE PARCELS OWNED BY EDWARD H. TUPPER AND THE TRUST AGREEMENT OF JANE K. UPSHUR, KNOWN AS DORCHESTER TMS#S 136-09-00-006 AND 136-09-00-049, RESPECTIVELY, TO G-B, GENERAL BUSINESS WHEREAS, the owners of the real estate designated as Dorchester County TMS# 136-09-00-006, located at 1526 Central Avenue and totaling approximately 0.48 acres, and TMS# 136-09-00-049, located at Central Avenue and Old Parsonage Road and totaling 2.77 acres, have both petitioned the Town Council of the Town of Summerville to annex into the Town of Summerville pursuant to Ordinance 25-02__; and WHEREAS, the proposed zoning is consistent with the existing land uses in that area; NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Town Council of the Town of Summerville in Council assembled that the approximately 0.48 acres owned by Edward H. Tupper located at 1526 Central Avenue and known as Dorchester TMS#136-09-00-006, and the approximately 2.77 acres owned by the Trust Agreement of Jane K. Upshur located at Central Avenue and Old Parsonage Road and known as Dorchester TMS# 136-09-00-049, both be zoned to the classification of G-B “General Business.” The Zoning Map of the Town of Summerville is hereby amended so as to incorporate this change. Ratified this day of , 2025. Russ Touchberry, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: January 27, 2025__ FIRST READING: _______________ SECOND READING: _____  ORDINANCE TO AMEND THE ZONING MAP OF THE TOWN OF SUMMERVILLE TO REZONE THE PARCEL OWNED BY WILLIE JAMISON, KNOWN AS TMS#130-10-00-074, LOCATED AT 917 W. 5TH NORTH STREET, FROM N-MX, NEIGHBORHOOD MIXED-USE, TO N-R, NEIGHBORHOOD RESIDENTIAL WHEREAS, the owner of the real estate designated as Dorchester County TMS #130-10-00-074, located at 917 W. 5th North Street and totaling approximately 0.27 acres, has requested the Town Council of the Town of Summerville to rezone said property to N-R, Neighborhood Residential; and WHEREAS, the proposed zoning is consistent with the surrounding land uses and the Town’s Comprehensive Plan, Summerville: Our Town, Our Future; NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Town Council of the Town of Summerville in Council assembled that the approximately 0.27 acres owned by Willie Jamison located at 917 W. 5th North Street and known as Dorchester TMS# 130-10-00-074 be rezoned to the classification of N-R “Neighborhood Residential” from the classification of N-MX “Neighborhood Mixed-Use.” The Zoning Map of the Town of Summerville is hereby amended so as to incorporate this change. Ratified this day of , 2025. Russ Touchberry, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: December 16, 2024 FIRST READING: _______________ SECOND READING: _____  AN ORDINANCE TO AMEND THE SUMMERVILLE UNIFIED DEVELOPMENT ORDINANCE CHAPTER 13 – ADMINISTRATION & PROCEDURES SECTION 13.3 – BOARDS AND COMMISSIONS SUBSECTION 13.3.5 - DESIGN REVIEW BOARD BE IT ORDAINED by the Mayor and Council members of the Town of Summerville, in Council assembled, that the Summerville Unified Development Ordinance, Chapter 13 – Administration & Procedures, Section 13.3 – Boards and Commissions, Subsection 13.3.5 Design Review Board, is amended as follows: 13.3.5 DESIGN REVIEW BOARD A. Authority: Pursuant to S.C. Code 1976, § 6-29-870, et seq., as amended, there is hereby created a Design Review Board (DRB) that protects and improves the visual and aesthetic character of mixed-use, commercial, industrial and multi-family development within the Town of Summerville, excluding any development allowed within the designated historic district which is regulated by the Historic District / Board of Architectural Review. The DRB seeks to enhance corridors, neighborhoods and districts in order to contribute to a sense of place and pride, while building on or enhancing economic value and further strengthening the integrity of Summerville’s historic and/or best characteristics. The process aims to respect the character, integrity and quality of the built environment of the Town of Summerville without stifling carefully innovative architecture and/or development. B. Membership: Seven (7) members comprised as follows: 1. One architect or architectural designer; 2. One landscape architect, landscape designer, urban designer or landscape contractor; 3. One civil engineer; 4. One commercial developer/contractor; commercial real estate agent, commercial appraiser or a private planning consultant; and 5. The remaining three seats will be “at large.” C. Required Knowledge/Competence: Members shall have a demonstrated interest in, or competence and knowledge of architecture and site design, including specific knowledge in at least one of the following areas: architecture, urban design, landscape architecture, planning, urban planning, engineering, law, banking and real estate. D. Duties and Responsibilities: It shall be the duty of the DRB to make the following determinations with respect to commercial, industrial, mixed-use and multifamily buildings by all applicants (including governmental agencies and all public and private utility companies, except as exempted below) outside of established Historic Overlay Districts: 1. Appropriateness of exterior architectural features of any new or expanded buildings, and exterior changes that impact more than 50% of any street-facing facade and structures on the basis of conformity with Chapter 4 Site and Building Standards as well as any appropriate conditional use standards in Chapter 3. If the property is zoned PL, and the new building and/or expansion disturbs less than a quarter of an acre is 1,000 square feet or less or is not visible from a public right-of-way, DRB review and approval is not required. Staff approval should be in conformance with applicable standards in Chapters 3 and 4. 2. Appropriateness of the general exterior design, scale, proportion, arrangement, texture, and material of the building or structure in question and the relation of such factors to the street scene, to similar buildings in the immediate vicinity, and to adopted visions for a particular corridor. The Board’s concern shall be exterior features so that they will be compatible with the general character of their immediate neighborhood/context and preserve the existing street scene. The Board shall have the right to review and approve colors of structures. The Board shall not make requirements as to the use of structures as long as this use in not in violation of existing zoning requirements. 3. Appropriateness of site development features including building placement, landscaping, driveways, fences,  outbuildings, master sign plans (excluding individual signs), building murals, public art, and other site appurtenances. 4. Signage and Murals: The DRB shall have purview over all master sign plans, the requests for administrative relief on the strict implementation of the sign provisions, and over the design of all murals not in a historic overlay district. 5. Administrative Review: The Board may hear and decide appeals where it is alleged Town Staff erred in an order, requirement, decision or determination regarding Chapter 4. In such cases the Board may affirm or reverse, wholly or in part, Town Staff’s action. The Board has all the powers of Town Staff in such cases and may direct the issuance of a permit. 6. Modification of Standards: The Board has the power to hear and decide requests for modification of standards to Chapter 4 (Site & Building Design Guidelines), Sections 8.4-6 (Landscaping), and Chapter 10 (Signs). Ratified this day of , 2025 A.D. _______________________________________ Russ Touchberry, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: ___________________ FIRST READING: _____________________ SECOND READING: __ ___________  AN ORDINANCE TO AMEND THE SUMMERVILLE UNIFIED DEVELOPMENT ORDINANCE CHAPTER 3 – USE PROVISIONS SECTION 3.6 – TEMPORARY USES SUBSECTION 3.6.1 - PERMITTED TEMPORARY USES BE IT ORDAINED by the Mayor and Council members of the Town of Summerville, in Council assembled, that the Summerville Unified Development Ordinance, Chapter 3 – Use Provisions, Section 3.6 – Temporary Uses, Subsection 3.6.1 Permitted Temporary Uses, is amended as follows: 3.6.1 PERMITTED TEMPORARY USES The Town Staff shall issue permits for the following temporary uses, provided that the property is zoned for the proposed use or as specifically exempted below and meets safety, building code and other town and state requirements: A. Religious meetings in a temporary structure in G-B zoning districts for a period not to exceed 30 consecutive days and not more than three times per calendar year. Religious/school meetings in all other districts in a tent or other temporary structure, for a period not to exceed 7 days. B. Open lot sale of seasonal natural products, such as Christmas trees, in the N-MX, D-MX, UC-MX, N-B, G-B, and L-I zoning districts for a period not to exceed 45 consecutive days and not more than three times per calendar year. C. Contractor’s office and trailer for use during construction in any district, except in substantially developed residential districts, for a period of 12 consecutive months, provided that such office is placed on the property under construction. This time period can be extended if the building permit is still active. D. Real estate sales offices, in conjunction with an approved subdivision or development project, in any District, for a period not to exceed 1 year (or 75% build-out of the subdivision in the case of model homes), provided no cooking or sleeping accommodations are maintained in the structure. E. Festivals or events authorized by the Town however, the Town Staff has the authority to deny the temporary use permit application or revoke the permit immediately if the applicant allows any uses, sales of products, or the provision of information that violates any provision of Town of Summerville ordinances and/or poses a public safety hazard. For purposes of any town-authorized festival, an overlay zoning district is created herein to include all parcels which immediately abut the boundary of the festival. For the period of the festival, retail sales, vendor sales, food sales, information distribution, and commercial and nonprofit solicitation purposes shall be permitted within the overlay district. F. Carnival, circus, or fair subject to approval by the Town Staff. G. Mobile Food/Retail Vending 1. Licenses Required: A valid townbusiness license is required prior to setting up or selling food or merchandise. Approved licenses shall be attached to the mobile vending unit where they are readily visible, and shall include the current name, mailing address and valid phone number of the mobile food vending unit owner. 2. Use of Designated On-Street Parking Spaces: The use of on-street parking spaces by a mobile food/retail vendor shall be subject to any further restrictions that may be imposed by the Town of Summerville Police Department. 3. Garbage: Garbage receptacles must be made available for patron use and removed from the site daily by the vendor. 4. Compliance with DHEC Regulations: Vendors shall meet all applicable DHEC regulations for mobile food units and possess a valid DHEC permit where applicable. Any mobile food vendor or vending unit that has been issued a notice  of health violation by any department of the State of South Carolina, which remains uncorrected upon a subsequent inspection, shall not be allowed to operate within the Summerville Town limits. 5. No vendor shall: a. Leave any vehicle unattended; b. Store, park or leave any vehicle overnight on any street or sidewalk; c. Leave from any location without first picking up, removing and disposing of all trash or refuse remaining from sales made by the vendor; d. Remain overnight at any location where operation or retail sales take place; e. Solicit or conduct business with persons in motor vehicles; f. Sound or permit the sounding of any device that produces a loud and raucous noise, or use or operate any loudspeaker, public address system, radio, sound amplifier or similar device to attract the attention of the public; g. Discharge fat, oil, grease, or waste water into the sanitary sewer system. All waste shall be properly stored and disposed of at a properly designated disposal location. 6. Exemptions. Catered events, special events, and mobile food vendors that fall under Town permitting processes. H. Tents on property with a permanent structure as part of a “tent sale” supplemental to the existing business not to exceed 30 consecutive days and not more than three times per calendar year. I. Concession stands (mobile trailers, trucks and/or vendor carts) with the following requirements: 1. Written agreement from the property owner/manager with regard to the time(s) and location of the use on the premises. For parks and civic spaces, the Town Staff may provide this authority through a special event permit. 2. The use shall comply with all building and fire codes, business license, revenue collection, and health laws of the Town, County, and the State of South Carolina. 3. The use shall be licensed by the local health department, if applicable. 4. A site plan showing the location of the proposed use on the lot and in relation to pedestrian and vehicular circulation is submitted to the Town Staff or his/her designer for approval. J. Portable storage containers in any District for purposes of loading or unloading, for a period not to exceed 30 days. K. Cargo or freight storage containers or modified versions thereof are permitted to be used as temporary storage facilities in the G-B, LI and HI Districts for up to 3 consecutive months in any 12-month period, on the condition that the containers will not be visible from the street. The CDRB may approve usage of such containers as permanent storage facilities. L. Outdoor dining tents associated with an existing legally permitted restaurant for a period not to exceed 180 days per calendar year. All information required to show compliance with the standards for outdoor dining tents under this subsection shall be included with the application. The following standards shall be met: 1. Compliance with all applicable occupancy requirements and other provisions of the fire code. An inspection by the Fire Marshal shall be conducted prior to issuance of the temporary use permit. 2. All tents shall be located entirely on the property and shall meet any applicable setback requirements. 3. All tents shall not encroach into or interfere with required parking spaces and shall not interfere with safe pedestrian and vehicular access or access required to be maintained under the Americans with Disabilities Act. LM. All other temporary uses are required to receive a special use permit and meet the following standards to the satisfaction of the Town Staff in order to receive the permit. Such permit will only allow the temporary use to operate for no more than 30 consecutive days and the property to have a temporary use permit no more than three times per calendar year. No property shall be used more than 90 days per calendar year for permitted temporary uses. There shall be a minimum of 15 days waiting period between permits. Variations may be granted by the Board of Zoning Appeals as a Special Exception. Ratified this day of , 2025 A.D. _______________________________________ Russ Touchberry, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: ___________________ FIRST READING: _____________________ SECOND READING: __ ___________  ORDINANCE AN ORDINANCE TO APPROVE THE SALE OF TOWN OWNED PROPERTY KNOWN AS TMS# 130-13-00-017.999 WHEREAS, the Town of Summerville (Town) and Willie Limehouse have agreed for the Town to convey its owned property known as: A portion of a certain piece, parcel or lot of land, a 0.084 acre of land lying at the corner of South Maple Street and West Richardson Avenue, Summerville, South Carolina and as shown on the plat to be recorded simultaneously. for the sum of One and no/100 Dollars ($1.00) as a partial consideration to settle the Condemnation case Town of Summerville v Willie Limehouse Case No.: 2024-CP-18-0631 THEREFORE, BE IT ORDAINED by the Mayor and Council members of the Town of Summerville, in Council assembled, that: 1. The above recitals are incorporated herein to the same extent as if set out verbatim. 2. The Mayor is authorized to convey the real property owned by the Town of Summerville known as a portion that certain piece, parcel or lot of land, a 0.084 acre of land lying at the corner of South Maple Street and West Richardson Avenue, Summerville, South Carolina and as shown on the plat to be recorded simultaneously. IT IS SO ORDAINED this _____ day of ____________, 2025. _________________________ Russ Touchberry, Mayor Attest: _________________________ Beth Messervy, Town Clerk FIRST READING: SECOND READING: 1  ORDINANCE AN ORDINANCE TO APPROVE THE SALE OF A PORTION OF 0.22 ACRE TRACT OF LAND MORE OR LESS 919 WEST 5th NORTH STREET TOWN OWNED PROPERTY KNOWN AS; TMS# 130-10-00-047 WHEREAS, the Town of Summerville (Town) and Thomas A. Limehouse entered into a mediation agreement dated February 11, 2025 which requires Town to convey its owned property known as: A portion of a 0.22 acre tract of land lying at 919 West 5th North Street, Summerville, South Carolina and as reflected on the plat to be recorded simultaneously herewith. for the sum of Five and no/100 Dollars ($5.00); and WHEREAS, it is the intent of the Town to convey said property in accordance with the terms and conditions in the above referenced Settlement Agreement which is attached to this Ordinance as Exhibit A. THEREFORE, BE IT ORDAINED by the Mayor and Council members of the Town of Summerville, in Council assembled, that: 1. The above recitals are incorporated herein to the same extent as if set out verbatim. 2. The Mayor is authorized to convey the real property owned by the Town of Summerville known as a portion 0.22 acres; TMS#137-10-00-047 for the sum of Five and no/100 Dollars ($5.00). IT IS SO ORDAINED this _____ day of ____________, 2025. _________________________ Russ Touchberry, Mayor Attest: _________________________ Beth Messervy, Town Clerk FIRST READING: SECOND READING: 1  ORDINANCE TO AMEND THE ZONING MAP OF THE TOWN OF SUMMERVILLE TO REZONE THE PARCEL OWNED BY WENDY G. AND MATTHEW KEITH TAYLOR, KNOWN AS TMS#130- 14-13-010, LOCATED AT 717 AND 719 W. 5TH NORTH STREET, FROM N-MX, NEIGHBORHOOD MIXED-USE, TO UC-MX, URBAN CORRIDOR MIXED-USE WHEREAS, the owner of the real estate designated as Dorchester County TMS #130-14-13-010, located at 717 and 719 W. 5th North Street and totaling approximately 0.478 acres, has requested the Town Council of the Town of Summerville to rezone said property to UC-MX, Urban Corridor Mixed-Use; and WHEREAS, the proposed zoning is consistent with the surrounding land uses and the Town’s Comprehensive Plan, Summerville: Our Town, Our Future; NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Town Council of the Town of Summerville in Council assembled that the approximately 0.478 acres owned by Wendy G. and Matthew Keith Taylor located at 717 and 719 W. 5th North Street and known as Dorchester TMS# 130-14-13-010 be rezoned to the classification of UC-MX “Urban Corridor Mixed-Use” from the classification of N-MX “Neighborhood Mixed-Use.” The Zoning Map of the Town of Summerville is hereby amended so as to incorporate this change. Ratified this day of , 2025. Russ Touchberry, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: February 24, 2025 FIRST READING: _______________ SECOND READING: _____  Rezoning to UC-MX 110 WYLIE ST 103 WYLIE ST 108 WYLIE ST 801 W 5TH NORTH ST 106 WYLIE ST 104 WYLIE ST 100 WYLIE ST 105 N HAMPTON ST 717 W 5TH NORTH ST 102 N HAMPTON ST 719 W 5TH NORTH ST 103 N HAMPTON ST 715 W 5TH NORTH ST 100 N HAMPTON ST 716 W 5TH NORTH ST 714 W 5TH NORTH ST 711 W 5TH NORTH ST 121 N BIRCH ST 119 N BIRCH ST 117 N BIRCH ST 705 W 5TH NORTH ST 115 N BIRCH ST 113 N BIRCH ST 111 N BIRCH ST 109 N BIRCH ST 500 BRYAN ST 107 N BIRCH ST 105 N BIRCH ST 712 W 5TH NORTH ST 103 N BIRCH ST 701 W 5TH NORTH ST 101 N BIRCH ST 708 W 5TH NORTH ST 2/14/2025 1:1,505 0 0.01 0.02 0.04 mi Road Centerlines GR-5 UC-MX Rezoning Request High Resolution 60cm Imagery ROAD- SCDOT-Dorchester County N-MX Dorchester Parcels High Resolution 30cm Imagery 0 0.01 0.03 0.06 km Summerville Addresses N-R World Imagery Citations Maxar, Microsoft Summerville Parcels PL Low Resolution 15m Imagery 30cm Resolution Metadata GR-2 STATE OF SOUTH CAROLINA FIRST AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS COUNTY OF DORCHESTER THIS FIRST AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS (the “First Amendment”) is made this ____ day of _______________, 2025, by the Town of Summerville, South Carolina, ("Declarant"). RECITALS WHEREAS, on June 8, 2004, Bend in Ashley River, LLC, (the “Original Declarant”) made a Declaration of Restrictive Covenants (the “Original Declaration”) on certain real property ("real property" includes wetlands, any interest in submerged lands, uplands, associated riparian/littoral rights) located in Dorchester County, South Carolina, and described on Exhibit A to the Original Declaration, a portion of which is more particularly described as wetlands and buffers, and shown on that certain drawing entitled “Wetland Masterplan,” Sheet 3 of 6, dated August 25, 1999, and revised March 24, 2000, a copy of which is attached hereto as Exhibit “A” to the First Amendment (the “Original Property”), and WHEREAS, the Original Declarant recorded the Original Declaration on June 18, 2004, in the Dorchester County Register of Deeds (“ROD”) office at Book 4193, Pages 343-346, and WHEREAS, the Original Declaration was compensatory mitigation under Federal law for DA Permit No. SAC-2001-12304 (99-1P-369) issued by the U.S. Army Corps of Engineers, Charleston District (“Corps” or “Charleston District,” to include any successor agency), and WHEREAS, Bend in Ashley River, LLC, as the Original Declarant, conveyed the Original Property to the Town of Summerville, South Carolina by deed dated June 27, 2018, and recorded July 3, 2018, in the Dorchester County ROD office in Book 11434 at Page 233, and WHEREAS, Declarant desires to amend certain provisions of the Original Declaration to remove the protections for the 0.083 acre of protected wetlands and 0.869 acre of protected buffers to be impacted; and Section 2 of the Original Declaration provides that any amendment must be signed by the Declarant, the South Carolina Department of Environmental Services (“DES”) and the Corps, and WHEREAS, Declarant has purchased 1 mitigation credit to offset the impacts to 0.083 acre of protected wetlands and 0.869 acre of protected buffers in the Original Declaration, and NOW, THEREFORE, the Declarant, with the consent of the Corps and DES, hereby amends the Original Declaration as follows: 1. Attached hereto is Exhibit “B” to this First Amendment, which shows TMS Nos. 161-00-00-104.000 and 161-00-00-141.000, the Original Property encumbered by the Original Declaration, and which further depicts certain changes to the wetlands and buffers that were protected (and encumbered) by the Original Declaration. 2. As depicted on Exhibit “B” to this First Amendment, a 0.083 acre wetland area identified as “IMPACTED WETLANDS,” and previously protected (and encumbered) as “WETLANDS” by the Original Declaration, is hereby released, removed, and discharged from the terms, conditions, operation and effect of the Original Declaration. 3. As depicted on Exhibit “B” to this First Amendment, a 0.869 acre buffer area identified as “IMPACTED WETLANDS BUFFER,” and previously protected (and encumbered) as “BUFFERS” by the Original Declaration, is hereby released, removed, and discharged from the terms, conditions, operation and effect of the Original Declaration. 4. As depicted on Exhibit “B” to this First Amendment, the encumbered portion of TMS Nos. 161-00-00-104.000 and 161-00-00-141.000, now consists of 22.78 acres of Wetlands and 4.63 acres of Buffers. 5. The proposed fishing pier is excepted from the Original Declaration’s prohibition on the installation or construction of private docks on the Property. 6. Except as expressly provided herein, all terms, obligations and conditions of the Original Declaration shall remain in full force and effect. [signature pages follow]  IN WITNESS WHEREOF, the Declarant(s) has/have duly executed this First Amendment to Declaration of Restrictive Covenants on the date written above. IN THE PRESENCE OF: Declarant(s) __________________________________ By: ______________________________________ Witness _________________________________ Its: _____________________________________ Witness Title __________________________________ The Town of Summerville, South Carolina STATE OF SOUTH CAROLINA ) ) COUNTY OF _____________________ ) I, a Notary Public, do hereby certify that ______________________ Personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and seal this _______ day of ___________ , 20____. (Typed/Printed name of Notary Public) NOTARY PUBLIC FOR SOUTH CAROLINA My Commission Expires:  IN WITNESS WHEREOF, Corps consents to this First Amendment on the date written above. WITNESSES: U.S. ARMY CORPS OF ENGINEERS, CHARLESTON DISTRICT _________________________________ By: Name: _________________________________ Title: STATE OF SOUTH CAROLINA ) ) ACKNOWLEDGMENT COUNTY OF ________________) The foregoing instrument acknowledged before me this ____ day of _____________________, 2025, by the U.S. Army Corps of Engineers, Charleston District, by ____________________________, its __________________________. SWORN TO before me this ____ day of _________________, 2025. _____________________________________ Notary Public for the State of South Carolina My commission expires __________________ EXHIBIT A EXHIBIT B  N Engineering LLC 2040 Savage Road Charleston, SC 29407 P 843.769.7378 F 843.769.7397 www.GEL.com a member of The GEL Group Inc ENVIRONMENTAL 3 ENGINEERING 3 SURVEYING Revisions Description: By: Apprv: Date: Consultants m:\clientfiles\s\summ- town of summerville\2023 projects\summ00123-323-civil, waterfront permitting, & swppp\cad\exhibits\summ00123-usace wetland : WE1 (Plotted: exhibit.dwg 2/19/2025 9:03:16 ) AM Certificate-Seal Client Project Owner: Town of Summerville 200 S Main St Summerville SC 29483 Project 4849 Ladson Rd Summerville SC 29485 Summerville Preserve This Document is the property of GEL Engineering, LLC and is to be used only in connection with the project named herein. Reproduction, in whole or in part, shall be allowed only expressly authorized. Drawing scales as shown are valid on the original size document being 24" by 36" ©GEL Engineering, LLC Sheet Title Wetland Exhibit Project No. Drawing No. Date GRAPHIC SCALE Scale WE1 NOT R E L E A S E D F O R C O N S T R U C T I O N PRELIMINARY G:\DRAFTSMAN\2014\2014-014(110_south_pine) Town of Summerville\110southpineconflictarea 08172016.dwg, 12/11/2024 3:48:58 PM 95 .4 ' 8 W ES T RI CH AR S- D 1 8 SO -6 N 20 9. 5 71 ' AV E 21 0. 69 2 .7 0' 0' L2 21 0. 11 ' SO 20 9. 62 UT ' H PI 209.51 S- N ' 18 E L1 -2 ST 15 RE 70 E .1 T 4 ' Smythe Dr.