Mayor Russ' Touchberry Council Members: Aaron Brown Tiffany Johnson-Wilson Richard G. Waring, IV Kima Garten-Schmidt Bob Jackson Matt Halter  Town. Administrator Lisa Wallace Town Clerk Beth Messervy Town Attorney G.W. Parker  a  F  E -  1847 MERVILLE  TOWN of SUMMERVILLE COUNCIL MEETING MINUTES  April 11, 2024  ATTENDANCE  Present: Mayor Russ Touchberry, Councilmembers Kima Garten-Schmidt, Bob Jackson, Aaron Brown, Tiffany. Johnson-Wilson, Matt Halter and Richard G. Waring, IV.Alsoi in attendance were Town Administrator Lisa Wallace, Town Attorney GW Parker, and Town Clerk Beth Messervy. A quorum was met. Public andj press were duly notified. Thei meeting took placei in Council Chambers at 200 South  Main Street and was livestreamed from the Town's website.  CALLTOORDER  Mayor Touchberry called thei meeting to order at 6:00pm on' Thursday, April 11,2024. Councilmember  Aaron Brown gave the invocation, followed by thel Pledge of Allegiance.  EMPLOYEE RECOGNITION  Mayor Touchberry presented a Certificate ofExcellence to thel Parks and Recreation Department for their  hard work getting ready for and working during the Flowertown Festival.  PROCLAMATION PRESENTATIONS  Mayor Touchberry presented proclamations for Autism Acceptance Month, the 300th Anniversary oft the Dorchester Free School Board, Child. Abuse. Prevention Month, and Delta Sigma Theta's Delta Day. Mr. Waring made ai motion, seconded by Mr. Brown, to approve the minutes oft the March 14, 2024 Council meeting and the Standing Committee meetings on April 8, 2024. The motion carried 6-0, with  APPROVAL OF MINUTES OF PREVIOUS MEETINGS  Mr. Halter abstaining from the vote.  PUBLIC COMMENT - APRIL 11. 2024 AGENDA ITEMS    Town Council Meeting Minutes- - April1 11,2024  Page 2  Dickie Miler expressed his opposition to thej proposed hate intimidation ordinance as it would infringe on first amendment rights. He stated that the' Town has thei best public safety department in the State and  urged Council to let the department do their jobs.  Peter Gorman stated that the Board of Architectural Review needs to: require that all members reside in the historic district in order to be qualified to serve on thel Board. He also expressed his concerns with the hate intimidation ordinance, saying that the State of South Carolina needs to set the law and not the Jill Blades spoke in support oft the hate intimidation ordinance. She stated that while she loves her community and neighbors, she will always be different because she is Jewish. She stated that everyone in Summerville should feel protected, and that the hate intimidation ordinance backs up the police. Cara Spitz Rivera spoke in support oft the hate: intimidation ordinance. She stated that her great- grandparents founded the Steinberg Law Firm and had ai tough time opening the practice because oftheir Jewish background. She stated that her family moved thei firm to Summerville because ofal history of David McNamara spoke in opposition oft the hate intimidation ordinance. He stated that the more laws, Shaila Shroff spoke in support oft the hate intimidation ordinance. She stated that hate is a "cancer that Frank Seignious spoke in opposition oft thel hate intimidation ordinance. He said that while he stands solid with Jews against anti semitism, he does not like the ordinance because it could be used against Americans no matter what race or religion they are. He stated that the State already has laws that protect Greg Johnson spoke in opposition oft thel hate intimidation ordinance, stating that the problem with the ordinance ist that "hate" is not defined. He stated that a $500 fine is not a deterrent for crime and that the David Neal spoke in opposition of thel hate intimidation ordinance, stating that the noise ordinance is not Marcus McDonald spoke in favor ofthel hate intimidation ordinance. He stated that he was confused by some of the comments from people who are speaking in opposition of the ordinance. He stated that this Josh Alvarado stated that public servants need tol bel held accountable for their actions. He stated that the Ana Rucker stated that hate is rampant, but shel loves South Carolina and thinks that the hate intimidation Ronna Toombs spoke in opposition oft the hate intimidation ordinance. She stated that she has not experience what the ordinance is supposedly protecting and that calling a transgender man' "sir" will  Town.  non-discrimination int the Town. the more problems the Town will see.  can. kill a society."  against hate crimes under their assault laws. legislation does not deter hate crimes.  enforced at all, so how can this ordinance be enforced. ordinance should have been passed a long time ago. hate intimidation ordinance: needs to bej passed. ordinance would be a step towards al better state. become weaponized ift the ordinance passes.    Town Council Meeting Minutes- April 11,2024 greater good oft the community.  Page 3  Tyler Clapper spoke in favor of the hate intimidation ordinance. He urged Council to pass it for the Patricia Smith spoke in opposition of the hate intimidation ordinance. She stated that there willl be Foster Smith spoke in opposition oft the hate intimidation ordinance. He questioned the effectiveness of  unintended consequences ifCouncil passes it.  the ordinance.  Mark Greenslit stated that hateful speech and actions are deplorable.  Michael Fronk stated that freedoms other than First Amendment rights are being violated by the hate intimidation ordinance. He stated that Council needs to create al bill with "real teeth" for hate crimes and  to punish and deter hate crimes.  PETITIONS No petitions for April  PENDING BILLS ANDI RESOLUTIONS  Mr. Jackson made ai motion, seconded by Mr. Brown, to give second and final reading to an ordinance to amend the Ordinance of the Town of Summerville, Chapter 16, Article I, by adding a new Section 16 entitled' "Hate Intimidation.". Mr. Halter stated that he isi in favor of the concept of the ordinance but he does have some concerns as the ordinance is currently written. He does not believe that the ordinance will deter crime the way that people should be deterred. He suggested that Council pass ai resolution instead. Mr. Brown stated that Council needs to pass the ordinance as written. Ms. Garten-Schmidt made ai motion, seconded by Ms. Johnson-Wilson, toj postpone the vote until the May Council meeting to give the Town Attorney time to: reword parts oft the ordinance forj police to uphold it. Some discussion followed. Thei motion to postpone carried 4-3 with Mayor Touchberry, Mr. Brown, and Mr. Jackson Mr. Jackson made ai motion, seconded byl Ms. Garten-Schmidt, to give second and final reading to an ordinance to grant unto Dorchester County, South Carolina, aj permanent sewer easement across Town property known as TMS 130-10-00-066, located on Highway 78, Summerville, SC. The motion carried Mr. Brown: made ai motion, seconded by Ms. Garten-Schmidt, to give second and final reading to an ordinance to grant unto Dorchester County, South Carolina, a permanent sewer easement across Town property known as TMS 130-10-00-047, located on Highway 78, Summerville, SC. The motion carried Mr. Waring made ai motion, seconded by Ms. Garten-Schmidt, to give second and final reading to an ordinance to approve aj property agreement with Gilbert and Lee Construction for a material lay down area on Town property known as TMS: 137-06-00-001, located on Short Central Avenue, Summerville,  voting in opposition.  unanimously.  unanimously.  SC. The motion carried unanimously.  INTRODUCTION OF BILLSAND RESOLUTIONS Business." Thei motion carried unanimously.  Mr.. Jackson made a motion, seconded by Mr. Waring, to give first reading to an ordinance to amend Chapter 2, Section 2-97 entitled "Order of Business" to include "Executive Session" and "Other    Town Council Meeting Minutes-4 April 111,2024  Page 4  MISCELLANEOUS  Ms. Johnson-Wilson stated that the residents oft the Historic District want all of thei members oft thel Board of Architectural Review to live in thel Historic District. Right now, the requirement in the UDO: is for3of the 71 members to live ini the district. Mr. Brown stated that the BAR could have more: representation if each Councilmember had an appointment. Mr. Waring stated that while this potential change deserves consideration, he will need more information before an ordinance is drafted. Jessi Shuler, Director of Planning, stated that the Certified Local Government requirements specify certain design and historic preservation professionals, and that it is hard to find people who meet these qualifications who also live in the historic district. She also stated that currently, 5 oft the 7 members ofthel BAR do in fact live ini the Mr. Brown made ai motion, seconded by Mr. Jackson, to authorize the Mayor to Execute al First Amendment to the Solid Waste Collection Agreement Increasing the Compensation tol Dorchester County from 2% to 5% of Gross Collections. Ms. Johnson-Wilson made ai motion to move the item to the April 25-26 Budget Retreat or to the. Joint Council Meeting. Some discussion followed, and she withdrew her For consideration of"No Thru' Traffic" signs on South Laurel Street, Ms. Garten-Schmidt stated that there ist too much traffic on the road because of people using it as a cutt through street. Mr. Jackson stated that the only problem is that he doubts that signs will work and then other streets will want signs, too. Mr. Waring stated that he does not think that it is a good ideal because it will just move traffic onto Sumter and other surrounding streets. Ms. Johnson-Wilson stated that there needs to be more parking on South Laurel. Mr. Halter stated that thel UDO encourages connectivity, and that the signs negate that concept. He also stated that violation of the sign is hard to enforce. No action was taken. Mr. Jackson made ai motion, seconded' by Mr. Waring, to authorize Town Administrator to execute a service agreement with Summerville DREAM. Thei motion carried unanimously. For thei item Discussion of Cuthbert Center Survey Results," Mr. Jackson asked ift the' Town should go ahead and put out an RFP for a design. Ms. Garten-Schmidt stated that Council had talked about making the structure two stories. Mr. Waring pointed out that funding is a concern. Town Administrator Lisa Wallace stated that the proposed funding source: for the design oft the centeri is ATAX Fund Balance. Mayor Touchberry suggested that the viability ofthe item be discussed at thel budget retreat.  Historic District. Some discussion followed. No action was taken.  motion. The motion carried unanimously.  PUBLIC COMMENTS (open)  Mayor Touchberry opened thei floor forj public comments on any topic.  Tammy Williams, ai resident of] Pine Forest and VP oft the Summerville Chapter oft the NAACP, stated that members of the community and law enforcement officers are all subject to the' Town's ordinances. She stated that int the Wal-Mart incident, Officer Ghi's actions were excessive and violent. She called for immediate training of officers and for Officer Ghi to refrain from training other officers. Ben Hough stated that the Town does not have thej proper infrastructure forj pedestrian and cyclist safety. He also stated that thel Bicycle and) Pedestrian Advisory Committee is prioritizing projects to bring to Michael Fronk commended the SPD for their handling ofthe Chick-Fil-A shooting incident. He stated that] human resources issues are allowing thej police department tol hire officers with previous problems of  Council. He would also like more tennis courts.  misconduct.    Town Council Meeting Minutes - April11,2024  Page5 5  Linda Whetsell stated that she has contacted al bunch oflegislators about problems at her residence, including dust and dirt, water coming into thel backyard, and people urinating in her backyard. She stated that delivery truck drivers on her street arei not using their warning lights. She also stated that her new neighbors put bags oftrash on the ground around their trash cans, and that the trash company does not pick up the bags. She also stated that the SPD: has caused her flashbacks to thel March gth incident when  she was locked out ofl her car. She said that she doesn't get any respect.  EXECUTIVE SESSION:  Mr. Jackson made ai motion, seconded by Mr. Waring, to enter into Executive Session to discuss personnel matters related to the Town Administrator search. The motion carried unanimously, and Council reconvened at 9:28pm. Town Attorney GW Parker stated that Council met in Executive Session tod discuss personnel matters related to the Town Administrator search and that no action was taken in  Council entered into Executive Session at 8:30pm.  Executive Session. OTHER BUSINESS: n/a  ADJOURN:  Mr. Waring made a motion, seconded by Mr. Halter, to adjourn the meeting. The motion carried  unanimously, and the Mayor adjourned thei meeting at 9:29pm.  Respectfully Submitted,  APPROVED:  nT9 Russ Touchberry, Mayor  PMAILIR Beth Messervy, Town Clerk