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  May 9, 2024  ATTENDANCE  Present: Mayor Russ Touchberry, Councilmembers Kima Garten-Schmidt, Bob. Jackson, Aaron Brown, Tiffany. Johnson-Wilson, Matt Halter and Richard G. Waring, IV.Also in attendance were' Town Administrator Lisa Wallace, Town Attorney GW Parker, and' Town Clerk Beth Messervy. A quorum was met. Public and press were duly notified. The meeting took place in Council Chambers at 200 South  Main Street and was livestreamed from the Town's website.  CALLTO ORDER  Mayor Touchberry called the meeting to order at 6:00pm on Thursday, May 9, 2024. Councilmember  Richard Waring gavet the invocation, followed by the Pledge of Allegiance.  EMPLOYEE RECOGNITION  Mayor Touchberry and Town. Attorney GW Parker recognized the Summerville Fire & Rescue Department, as well as former Fire Chief and current Councilmember Richard Waring, for their dedicated service to the citizens oft the' Town. Mr. Parker detailed a few incidents during which Mr. Waring and the  fire and rescue department helped him in a time of need. PROCLAMATION PRESENTATIONS Water Safety. Awareness Month.  Mayor Touchberry presented proclamations for Public Works Week, Economic Development Week, and  APTROVALOEMINUIS OF REVIOUSMEETINGS  Mr. Waring made ai motion, seconded byl Mr. Jackson, to approve the minutes of the April 11,2024 Council meeting, the April 25-26, 2024 Special Council Meetings, and thel May 6, 2024 Standing Committee meetings. The motion carried unanimously, and the minutes were accepted: into record.  WODA COOPER COMPANIES PRESENTATION    Town Council Meeting Minutes- - May 9,2024  Page2  Clay Cooper from the Woda Cooper Companies presented thej proposed development of615 North Cedar  Street. He answered questions from Council about the company's proposal.  PUBLIC COMMENT- MAY9.20244 AGENDA: ITEMS  Dickie Miler spoke against the hate intimidation ordinance. Hes stated that on its surface, the ordinance sounds good, but that the "devil is in the details." Mr. Miler stated that the ordinance violates citizens' First Amendment rights. Hej presented aj petition with over 300 signatures of citizens against the Natanya Miller spoke in favor of thel hate intimidation ordinance. She stated that hate groups are: moving to Summerville because there is not currently al hate crime ordinance. She stated that the ordinance does Tom Tremaine spoke in opposition oft the hate intimidation ordinance. He expressed his concern with the ordinance being based on perceived hate versus actual hate crimes. He stated that the ordinance will Jennifer McNamara spoke in opposition oft thel hate intimidation ordinance. She expressed her concern David Neal spoke in opposition oft thel hate intimidation ordinance. He stated that the ordinance is unconstitutional and that it only serves the rights ofl lawyers and "needy people." Mary Glace spoke in opposition oft thel hatei intimidation ordinance. She stated that the ordinance is all about money and that Council shouldn't"bow to thei requests andi ideologies of businesses who want to David McNamara spoke in opposition oft thel hate intimidation ordinance because it gets intoj protecting Jennifer Bendetti spoke in opposition of the hate intimidation ordinance. She stated that everyone Brian Protheroe spokei in favor of thel hate intimidation ordinance. He stated that while he understands and respects free speech, the ordinance does not infringe on free speech rights. He stated that someone can still use. hateful speech, but that person cannot then act on the speech to commit a crime based on Brad Erickson spoke in favor of the hate intimidation ordinance. He stated that while he has mostly felt welcomed in the' Town, hel has experienced four incidents of people screaming slurs at him as he walked in downtown Summerville. He stated that the core of government service is to protect its citizens. Greg. Johnson spoke in opposition oft thel hatei intimidation ordinance. Hei referred to al New Jersey case that challenged al hatei intimidation ordinance because of its vagueness and lack of enforcement. He stated that the ordinance punishes speech, therefore violating First Amendment rights, and that it also violates Kristina Smith spoke in opposition of thel hate intimidation ordinance. She stated that the ordinance: is actually discrimination against someone who doesn't fall into one oft the categories listed int the ordinance.  ordinance.  not create new laws, it simply enhances the laws already on thel books.  create more problems than it solves.  with the possible misinterpretation of the ordinance.  come to Summerville." She stated that free speech belongs to all. feelings and not actions. He stated that this will only create more red tape. deserves equal protection, but that the' Town already has enough laws.  hate.  the 14th Amendment.    Town Council Meeting Minutes- - May 9, 2024  Page 3  She stated that the ordinance is only being considered because of money from foreign companies who Ronna Toombs spoke in opposition oft the hate intimidation ordinance. She stated that the Council is scaring citizens into thinking that jobs and employers won'tcome! here because the Twon does not havea hate crime ordinance. She called it a "Trojan Horse Ordinance." She stated that thel hate intimidation ordinance would make the offended party the criminal. She also stated that the' Town should rethink Jill Blades spoke in favor oft the hatei intimidation ordinance. She announced that the City ofl North Charleston passed their hate intimidation ordinance unanimously. She stated that she was not impressed with the petition that Dickie Miler presented during his public comment, and she said that her generation Chris McClure spoke ini favor of thel hate intimidation ordinance. He stated that Summerville has come a long way in expanding their diversity since he moved tot the' Town in grade school. He stated that the hate intimidation ordinance ist the next step in protecting residents and visitors. Mr. McClure also stated that Roman Hannes spoke in opposition oft the hate: intimidation ordinance and urged Council to vote "no." Giol Libertino spoke in opposition of thel hate intimidation ordinance, and stated that he witnessed the Philadelphia police department trying toj police hate, and it did not work. He stated that hatei is in the heart, and "only love can fix that." He stated that things can go wrong when government has too much Michael Fronk spoke ini favor oft the hate intimidation ordinance. He urged citizens to do al basic level o research before they participate inj public comments sO that they are educated on the facts at hand. He Cathy Lawter spoke ini favor oft thel hate intimidation ordinance. She stated that al lot oft the people in the room have "not ever been marginalized." She also stated that some people in the room don't want  have a' "woke agenda."  bringing progressivethinking" employers into Town.  cannot be written offa as "emotional."  the ordinance makes a clear statement.  reach into citizens' speech.  stated that the penalties in thel hate intimidation ordinances are: not high enough.  diversity in Summerville. PETITIONS No petitionsfor May  PENDING BILLSAND RESOLUTIONS  Mr. Jackson made ai motion, seconded byl 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 ai new Section 16 entitled' "Hate Intimidation.". Mr. Jackson expressed his concern that citizens speaking during public comment made false assumptions about what the Council's motivation behind thel hatei intimidation ordinance was. He stated that there arei no businesses not coming to' Town become oft the lack ofal hate Ms. Johnson-Wilson stated that she recognizes that many people who voted for her or do business with her have contacted her from both sides of the argument. She stated that she would support the hate  intimidation ordinance.  intimidation ordinance.    Town Council Meeting Minutes - May 9, 2024  Page4 4  Mr. Waring stated that hel has not been convinced that this will stifle free speech, but he does not feel that the ordinance as written offers enough protection against hate crimes. He stated that because hel believes Ms. Garten-Schmidt thanked the citizens for their emails tol her regarding their concerns about the ordinance. She said that there has been a lot ofmisinformation: and speculation floating around since the Mr. Halter stated that Council can all agree that people are passionate, and he believes that ar resolution can accomplish what the Town needs. Hes stated that the Town needs to move on after whatever the result ofthe vote is. He stated that ift thei motion fails, he will make a motion to have the Town. Attorney draft a Mr. Waring stated that he encourages our state legislators toj pass al law at the statel level regarding hate Mayor Touchberry stated that no matter the vote, the community needs tol be united. He stated that for those people who do not experience! hate, it is his responsibility toj protect those who do not enjoy the same. luxury ofnot experiencing hate. He also stated that the Municipal Association of South Carolina Thei motion carried 4-3 with Mr. Waring, Mr. Halter, and Ms. Garten-Schmidt voting in opposition oft the Mr. Waring made ai motion, seconded by Ms. Garten-Schmidt, to give second and final reading to an ordinance to amend Chapter 2, Section 2-97 entitled "Order ofl Business" to include "Executive Session"  inc ordinances that take action, his is not supporting the hate intimidation ordinance.  ordinance was introduced.  resolution.  crimes, and that he would bei ini favor ofai resolution instead oft the ordinance.  has supported municipalities to take action while the state makes a decision.  hate intimidation ordinance passing.  and' "Other Business." The motion carried unanimously. INTRODUCTION OF BILLS ANDI RESOLUTIONS  Mr. Jackson made ai motion, seconded by Mr. Waring, to give first reading to an ordinancei to adopt an operating budget for the Town of Summerville fort the fiscal year running. July 1, 2024- - June 30, 2025. Ms.. Johnson-Wilson stated that she would vote for first reading, but that she stilll has some questions for staff. Mr. Waring commended staff forj presenting al budget with no taxi increase. Mr. Halter praised staff for taking requests that exceeded the budget by over $61 million and whittling it down to al balanced budget. Mr. Jackson stated that he does not like to spend fund balance. The motion carried  unanimously.  Mr. Waring made ai motion, seconded by Mr. Jackson, to give first reading to items b, C, d, e, and fon the agenda (amendments to the Unified Development Ordinance: Chapter 2 Section 2.3.6, Chapter 4 Section 4.25, Chapter 13 Section 13.7.1, Chapter 13 Section 13.7.2, Chapter 3, Sections 3.3 and 3.45, Chapter 15 Section 15.3, Chapter 9 Section 9.3, and Chapter 14 Section 14.24). Mr. Halter stated that he would like more discussion with staff on items d and e, but that he would vote for first reading. The motion carried  unanimously.  MISCELLANEOUS  Mr. Jackson made ai motion, seconded by Mr. Brown, to approved the CDBG 2024. Annual Action Plan as presented by staff. Ms. Johnson-Wilson stated that she knows that there are other things that the CDBG money could bet used for. She stated that the Dorchester County Community Outreach organization should fundraise for their operational costs instead of using CDBG money, and that the DCCO: money    Town Council Meeting Minutes - May 9, 2024 Johnson-Wilson voting in opposition.  Page 5  could then be used for sidewalks and crosswalks. Mr. Brown congratulated: Pam Wike, Grants Writer, on the CDBG. Annual Action Plan that she worked toj put together. The motion carried 6-1, with Ms. Mr. Brown made ai motion, seconded by Mr. Waring, to approve a letter for Woda Cooper Companies in support of application for state tax credit application for their project at 615N N. Cedar Street. Mr. Halter pointed out thati ifCouncil approves the letter, the developer will still have to go through thej process of presenting to the Design Review Board. Ms. Garten-Schmidt stated that while she is not a fan ofmore apartments in' Town, she does feeli that the' Town needs more affordable housing. Mr. Waring stated that he would vote to support the letter. Ms. Johnson-Wilson stated that she is voting in favor ofthel letter of support, but that she is not ins support oft thej project at the specified location. Mr.Jackson stated that hei is ins support ofthel letter but would like to seei retail on thel bottom floor oft the development. The motion Mr. Jackson made ai motion, seconded by Ms. Garten-Schmidt, to give site plan approval for DREAM's Short Central Beautification project within Central Ave. & W. 2nd South St. right-of-way. The motion Mr. Waring made ai motion, seconded by Mr. Brown, to approve thel Mayor's appointment oft the Public Safety Committee tol hear business license appeals in a casei involving the Playground Lounge. The  carried unanimously.  carried unanimously.  motion carried unanimously. PUBLIC COMMENTS (open)  Mayor Touchberry opened the floor for public comments on any topic.  Pastor Thomas Dixon stated that he was present on behalf of the family of the teenageri involved int the Wal-Mart incident with Officer Ghi. He gave a timeline of Officer Ghi's history in law enforcement, Chaplain Rich Robinson gave an update on thel Dignity Project. He said that he began gathering information about the Wal-Mart incident and met with Pastor Dixon who is going to. help in getting public input. Chaplain Robinson stated that topics willl be discussed and members oft thel Dignity Project will listen for understanding on different perspectives oft the incident. He continued' by saying that the Dignity Project and the Summerville Police Department will collaborate and investigate the incident.  including thel lawsuits against him for misconduct.  Councilman Brown commended the Dignity Project for their efforts.  EXECUTIVE SESSION:  Mr. Waring made ai motion, seconded by Mr. Jackson, to enter into Executive Session to discuss personnel matters related to the Town Administrator search. The motion carried unanimously, and Council reconvened at 9:09pm. Town Attorney GW: Parker stated that Council meti in Executive Session to discuss personnel matters related to the Town Administrator search, and that no action had been taken  Council entered into Executive Session at 8:29pm.  inl Executive Session. OTHER BUSINESS:  Ms. Garten-Schmidt made ai motion, seconded by Mr. Waring, for Council toi instruct the Search Committee to form a final list ofr no less than three applicants for the Town Administrator's position to be  interviewed by Council. The motion carried unanimously.    Town Council Meeting Minutes- - May 9,2024  Page 6 ADJOURN:  Mr. Waring made ai motion, seconded by Mr. Jackson, to adjourn. The motion carried unanimously, and  thel Mayor adjourned the meeting at 9:10pm.  Respectfully Submitted, PMAPRLy Beth Messervy, Town Clerk  APPROVED:  nT9 Russ Touchberry, Mayor