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 ofSummerville, 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 oft 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 oft 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 ofinterest 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 oft 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 ofthe 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 ofthe 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 ofJane 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 IMS#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 ofW. 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 ofSummerville 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 ofLaws $ 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 ofthe 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 ofSummerville's heritage. Id am aware ofthe concerns and opposition regarding one ofour 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 brealfast in Summerville or anywhere else for that matter. The threats, harassment, andj 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 ofour 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 ofstep with the needs ofthese businesses. In recognition oft 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 ofhospitality and operational efficiency, which are crucial for the success and professional management ofthese establishments. 2.: To permit B&Bs to have up to 7 bedrooms. This is still less restrictive than the South Carolina Bed and Brealfast 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 ofSummerville, 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 ofour 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 oft 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 ofinvestigation 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 ofthe UDO are where they need to be. Ms. Johnson-Wilson amended her original motion to instead pass first reading ofthe 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 oft the ordinance amendment as presented and to ask staff to take Council's concerns from the discussion and present another draft oft 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 ofTown 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: "T 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 ofall ages and abilities. Smart Growth America, has conducted extensive research showing the multitude ofbenefits that Complete Streets projects bring to communities just like ours. In as study of37 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 ofnew businesses, and increased private investments. Eight ofthe 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 notj 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 oflife for all residents and attract more business to our area. 7 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 ofSummerville 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 ofModular 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 ofland owned by the Town d) Personnel matters related to appointment to the Board ofZoning Appeals Ms. Johnson-Wilson stated that she is recusing herself from the discussion ofi 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 ofland owned by the Town d) Personnel matters related to appointment to the Board ofZoning Appeals He stated that no action was taken in Executive Session on items a-d. Town Council Meeting Minutes - February 13, 2025 Page 8 OTHER BUSINESS: 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 ofTown owned property, IMS#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 ofTown 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: VAEh IA AT9 Beth Messervy, Town Clerk Russ Touchberry, Mayor