Town Council

TOWN of SUMMERVILLE, SC Town Council Meeting Council Chambers - Annex Building – 200 South Main Street Thursday, April 10, 2025 - 6:00 p.m. AGENDA 1. Call to Order 2. Invocation and Pledge of Allegiance – Councilmember Kima Garten 3. Employee Recognition 4. Proclamations and Resolutions 5. Approval of Minutes of Previous Meetings a. Town Council Meeting – March 13, 2025 b. Special Council Meeting / Budget Workshop – March 19, 2025 c. Standing Committee Meetings – April 7, 2025 6. Public Comment** – For items on the April 10, 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 March 13, 2025 Council meeting until the April 10, 2025 Council meeting. Town Council Agenda – April 10, 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 March 13, 2025 Council meeting until the April 10, 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 March 13, 2025 Council meeting until the April 10, 2025 Council meeting. 9. Introduction of Bills and Resolutions: a. First reading of an Ordinance to grant an easement across TMS# 130-10-00-110 for utility lines at the Maple Street Extension project 10. Miscellaneous a. Opioid Task Force Update by Councilmember Johnson-Wilson b. Appointment of Tammi Knowles as a Ministerial Recorder for the Town of Summerville Municipal Court c. Authorization for Town of Summerville Police Department to enter into a Memorandum of Understanding with Homeland Security Investigations for joint operations. 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: Personnel matter a. Personnel matter related to an appointed member of the Tree Protection Board 13. Other Business a. Action to be taken by Council related to Executive Session 14. Adjourn  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: _____  ORDINANCE AN ORDINANCE FOR THE TOWN OF SUMMERVILLE (TOWN) TO GRANT DOMINION ENERGY OF SOUTH CAROLINA (DE) A TEN FOOT (10 ft.) RIGHT OF WAY ACROSS TOWN OWNED PROPERTY KNOWN AS TMS#130-10-00-110 WHEREAS, as a part of the Maple Street Expansion Project, it was necessary for DE to relocate certain service line, and WHEREAS, DE was unable to obtain a Ten Foot underground easement under a portion of TMS# 130-10-00-110 from the owner, and WHEREAS, it was then necessary for the Town to file a Condemnation Law Suit, Case Number 2025-CP-18-00018 condemning the Ten Foot (10 ft.) strip reflected on Exhibit A which is attached hereto and incorporated herein to the same extent as if set out verbatim. NOW THEREFORE, be it Ordained by the Mayor and Members of Town Council duly assembled: 1. The above introduction and recitals are hereby incorporated into this Ordinance to the same extent as if set out verbatim. 2. The Mayor or Town Administrator is hereby authorized to execute an Easement, attached as Exhibit B to the same extent as if set out verbatim, in favor of DE. AND, IT IS SO ORDAINED! Dated this day of , 2025 A.D. ____________________________________ Russ Touchberry, Mayor Town of Summerville ATTEST: ___________________________ Beth Messervy, Town Clerk First Reading: _____________ Second Reading: ___________ Close-up of the Smiley & Son – 1363.34 ft2 Easement # 902924 INDENTURE, made this _________ day of ____________________, 2025 by and between Town of Summerville, a public body corporate and political subdivision of the State of South Carolina, hereinafter called “Grantor”, and the DOMINION ENERGY SOUTH CAROLINA, INC., a South Carolina corporation, having its principal office in Cayce, South Carolina, hereinafter called “Grantee”. RECITALS WHEREAS, Grantor is now the fee owner of a strip of land being a portion of the property identified as TMS. 130-10-00-110, and more particularly identified as “OBTAIN=1363.34 sf” on Exhibit A attached to the Condemnation Notice and Tender of Payment for Civil Case No: 2025CP1800018, filed on January 6, 2025, in the Dorchester County Clerk of Court (hereinafter “Easement Space”). WHEREAS, Grantor now wishes to convey an easement to Grantee within the Easement Space as provided herein. WITNESSETH: That, in consideration of the sum of One Dollar ($1.00) received from Grantee, Grantor, being the owner of land of the Easement Space, hereby grants and conveys to Grantee, its successors and assigns, the right to construct, extend, replace, relocate, perpetually maintain and operate an underground electric line or lines consisting of any or all of the following: conductors, lightning protective wires, municipal, public or private communication lines, cables, conduits, pad mounted transformers, and other accessory apparatus and equipment deemed by Grantee to be necessary or desirable, upon, over, across, through and under the Easement Space as shown on Exhibit A. Easement Space is located at 601 North Maple Street, in the Town of Summerville, Dorchester County, South Carolina The Easement Space granted herein is for the installation, operation and maintenance of Dominion Energy South Carolina facilities. This Easement Space is more fully shown on Exhibit “A”, attached hereto and made a part hereof. TMS: portion of 130-10-00-110 Together with the right from time to time to install on said line such additional lines, apparatus and equipment as Grantee may deem necessary or desirable and the right to remove said line or any part thereof. Together also with the right (but not the obligation) from time to time to trim, cut or remove trees, underbrush and other obstructions that are within, over, under or through the Easement Space; provided, however, any damage to the property of Grantor (other than that caused by trimming, cutting or removing) caused by Grantee in maintaining or repairing said lines, shall be borne by Grantee; provided further, however, that Grantors agree for themselves, their successors and assigns, not to build or allow any structure to be placed on the premises in such a manner that any part thereof will exist within the applicable above specified Easement Space, and in case such structure is built, then Grantor, or such successors and assigns as may be in possession and control of the premises at the time, will promptly remove the same upon demand of Grantee herein. Grantor further agrees to maintain minimum ground coverage of thirty six (36) inches and maximum ground coverage of fifty four (54) inches over all underground primary electric lines. Easement # 902924 Together also with the right of entry upon said lands of Grantor for all of the purposes aforesaid. Grantor represents that it has the right and authority to grant this easement to Grantee, and Grantor does hereby bind itself to warrant and forever defend all and singular the said Easement Space unto the said Grantee, its successors and assigns, against itself and against every person whomsoever lawfully owning, holding, or claiming, the said Easement Space, or any part thereof. The words “Grantor” and “Grantee” shall include their heirs, executors, administrators, successors and assigns, as the case may be. IN WITNESS WHEREOF, Grantor has caused this indenture to be duly executed the day and year first above written. WITNESS: TOWN OF SUMMERVILLE By: (SEAL) 1st Witness Name:______________________________________ Title:_______________________________________ 2nd Witness Easement # 902924 ACKNOWLEDGMENT STATE OF SOUTH CAROLINA ) ) COUNTY OF Dorchester ) The foregoing instrument was acknowledged before me, the undersigned Notary, and I do hereby certify that the within named________________________________as________________________________, of TOWN OF SUMMERVILLE personally appeared before me this day and that the above named acknowledged the due execution of the foregoing instrument. Sworn to before me this ______ day of ____________, 2025. _________________________________ Signature of Notary Public State of SC My commission expires: ___________ __________________________________ Print Name of Notary Public RIGHT OF WAY GRANT TO DOMINION ENERGY SOUTH CAROLINA, INC. Line: TOS - NORTH (& SOUTH) MAPLE STREET EXTENSION County: Dorchester R/W File Number: 24364 Grantor(s): TOWN OF SUMMERVILLE (former Smiley and Sons Development, LLC). Return to: DOMINION ENERGY SOUTH CAROLINA, INC. Right-of-Way 2392 West Aviation Avenue MC: CH-29 North Charleston, SC 29406  MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE), HOMELAND SECURITY INVESTIGATIONS (HSI) AND LOCAL, COUNTY, OR STATE LAW ENFORCEMENT AGENCY FOR THE REIMBURSEMENT OF JOINT OPERATIONS EXPENSES FROM THE TREASURY FORFEITURE FUND This Agreement is entered into by the Summerville Police Department (NCIC CODE #180200) and Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) SAC Charlotte for the purpose of the reimbursement of costs incurred by the Summerville Police Department in providing resources to joint operations/task forces. Payments may be made to the extent they are included in the ICE/HSI Fiscal Year Plan, and the money is available within the Treasury Forfeiture Fund to satisfy the request(s) for the reimbursement of overtime expenses and other law enforcement expenses related to joint operations. I. LIFE OF THIS AGREEMENT This Agreement becomes effective on the date it is signed by both parties. It remains in force unless explicitly terminated, in writing, by either party. II. AUTHORITY This Agreement is established pursuant to the provisions of 31 USC 9703, the Treasury Forfeiture Fund Act of 1992, which provides for the reimbursement of certain expenses incurred by local, county, and state law enforcement agencies as participants of joint operations/task forces with a federal agency participating in the Treasury Forfeiture Fund. III. PURPOSE OF THIS AGREEMENT This Agreement establishes the responsibilities of both parties and the procedures for the reimbursement of certain overtime expenses and other law enforcement expenses pursuant to 31 USC 9703. IV. APPLICABILITY OF THIS AGREEMENT This agreement is valid for all joint investigations led by ICE HSI SAC Charlotte, with the participation of the Summerville Police Department, and until terminated, in writing, by either party. V. TERMS, CONDITIONS, AND PROCEDURES A. Assignment of Officer(s) To the maximum extent possible, the Summerville Police Department shall assign dedicated officers to any investigation or joint operation. Included as part of this Agreement, the Summerville Police Department shall provide the ICE HSI SAC Charlotte with the names, titles, four last digits of SSNs, badge or ID numbers, and hourly overtime wages of the officer(s) assigned to the joint operation. This information must be updated as necessary. B. Submission of Requests for Reimbursement (Invoices) and Supporting Documentation 1. The Summerville Police Department may request the reimbursement of overtime salary expenses directly related to work on a joint operation with ICE HSI SAC Charlotte performed by its officer(s) assigned to this joint operation. In addition, the Summerville Police Department may request reimbursement of other investigative expenses, such as travel, fuel, training, equipment and other similar costs, incurred by officer(s) assigned as members of the designated joint operations with the ICE HSI SAC Charlotte. The Summerville Police Department may not request the reimbursement of the same expenses from any other Federal law enforcement agencies that may also be participating in the investigation. 2. Reimbursement payments will not be made by check. To receive reimbursement payments, the Summerville Police Department must ensure that Customs and Border Protection, National Finance Center (CBP/NFC) has a current ACH Form on file with the agency’s bank account information, for the purposes of Electronic Funds Transfer. The ACH Form must be sent to the following address: CBP National Finance Center Attn: Forfeiture Fund 6650 Telecom Dr. INDIANAPOLIS, IN 46278  If any changes occur in the law enforcement agency’s bank account information, a new ACH Form must be filled out and sent to the CBP/NFC as soon as possible. 3. In order to receive the reimbursement of officers’ overtime and other expenses related to joint operations, the Summerville Police Department must submit to ICE HSI SAC Charlotte the TEOAF Form “Local, County, and State Law Enforcement Agency Request for Reimbursement of Joint Operations Expenses (Invoice)”, signed by an authorized representative of that agency and accompanied by supporting documents such as copies of time sheets and receipts. 4. The Summerville Police Department remains fully responsible, as the employer of the officer(s) assigned to the investigation, for the payment of overtime salaries and related benefits such as tax withholdings, insurance coverage, and all other requirements under the law, regulation, ordinance, or contract, regardless of the reimbursable overtime charges incurred. Treasury Forfeiture Fund reimburses overtime salaries. Benefits are not reimbursable. 5. The maximum reimbursement entitlement for overtime worked on behalf of the joint investigation is set at $15,000 per officer per year. 6. The Summerville Police Department will submit all requests for the reimbursement of joint operations’ expenses to ICE HSI SAC Charlotte, at the following address: 3700 Arco Corporate Drive, Suite 300, Charlotte, NC 28273. Attn: ___________________________ or email: VI. PROGRAM AUDIT This Agreement and its provisions are subject to audit by ICE, the Department of the Treasury Office of Inspector General, the General Accounting Office, and other government designated auditors. The Summerville Police Department agrees to permit such audits and agrees to maintain all records relating to these transactions for a period not less than three years; and in the event of an on-going audit, until the audit is completed. These audits may include reviews of any and all records, documents, reports, accounts, invoices, receipts of expenditures related to this agreement, as well as interviews of any and all personnel involved in these transactions. VII. REVISIONS The terms of this Agreement may be amended upon the written approval by both parties. The revision becomes effective on the date of approval. VIII. NO PRIVATE RIGHT CREATED This is an internal government agreement between the ICE HSI SAC Charlotte and the Summerville Police Department, and is not intended to confer any right or benefit to any private person or party. Signatures: ________________ _____________________ Cardell T. Morant Douglas Wright Special Agent in Charge Chief of Police Homeland Security Investigations Summerville Police Department Date:_______________ Date:________________