A - Town Council Meetings

MOUNT PLEASANT TOWN COUNCIL TOWN COUNCIL AGENDA Tuesday, November 14, 2017 at 6:00 p.m. Municipal Complex, Council Chambers 100 Ann Edwards Lane Mount Pleasant, SC 29464 MINUTES Mayor Pro Tempore Gary Santos called the Town Council Meeting to order at 6:03 p.m. Council Members Bob Brimmer, Joe Bustos, Elton Carrier, Mayor-Elect Haynie, Jim Owens and Mark Smith were present. Mayor Linda Page and Paul Gawrych were absent. I. PRAYER Reverend Rob Dewey led Council in prayer. II. PLEDGE Mr. Owens led Council in the Pledge of Allegiance. III. COMPLIANCE WITH FREEDOM OF INFORMATION ACT Mr. Pagliarini certified compliance with the Freedom of Information Act. IV. APPROVAL OF AGENDA Mr. Bustos moved for approval; seconded by Mr. Owens. All present voted in favor. V. PUBLIC HEARINGS, AWARDS & PRESENTATIONS A. Administration of Oath for Mayor-Elect South Carolina Supreme Court Justice, George C. James, Jr., administered the Oath of Office to Mayor-Elect Will Haynie. B. Administration of Oath for elected Town Council Members  Mayor Haynie administered the Oath of Office to Council-Elect Kathy Landing, Tom O’Rourke, Guang Ming Whitley and Mayor Pro Tempore, Gary Santos. C. 10 Minute Recess Council recessed at 6:11 p.m., and reconvened at 6:26 p.m. D. Election of Mayor Pro Tempore Mr. Owens made a motion to nominate Mr. Santos as Mayor Pro Tempore; seconded by Mr. O’Rourke. All present voted in favor. E. Public Hearing: A Public Hearing to receive input on a petition for annexation for the following property: The territory to be annexed is described as Royal Palms, a town house complex located on Dingle Road, Mount Pleasant, South Carolina, and includes all limited and general common elements therein. The legal description of the property is attached and incorporated within the annexation petition by reference in plat Books L12, Page 0114-0115 and Book L13, Page 0405-0406. The property is comprised of 72 townhouse lots, one private right-of-way parcel, three common area parcels, and one undeveloped parcel designated as follows on the County tax maps: 578-00-00-162, 578-00-00-538 through -559, 578-00-00-595 through -596, 578-00-00-606 through -608, 578-00-00-610 through -620, 578-00-00-667 through -703, 578-00-00-711. All current Town services offered to current residences and citizens will be assumed to these properties following final reading of annexation. These services include, but are not exclusive to: Administrative functions, police, Fire, Sanitation, Public Works, and Recreation. A list of taxes and fees will be provided at the Public Hearing meeting. Page 2 of 59 The petition requests the property to be zoned TH, Townhouse District. Planning Director, Jeff Ulma, reviewed the public hearing. George Freeman, 1450 Bowman Road, said that he is a former member of the Highway 17 Corridor Taskforce, former Vice Chair of Charleston County Planning Commission, and current member of CAGE (Community Action Group for Encouragement). He said that if we are all serious about traffic congestion in this area, annexation of this property should not occur unless the undeveloped open space land is placed into a conservation easement and the connection to Crystal Road be dedicated as a public right-of-way. He said the dedication of the right-of-way provides for future access to Billy Swails Boulevard. He added that this project contributes to the congestion at Highway 17 and Highway 41. He said there are 72 homes with only one ingress and egress. He added that the creation of the Sweetgrass Basket Overlay District (SBOD) was to prevent development of this type along Highway 17. He said that the Royal Palms Subdivision should remain in the SBOD. He said that it was in the overlay district in the County as non-conforming and should remain in the overlay district as non-conforming in the Town of Mount Pleasant. He said that the connection to Crystal Road was part of the agreement with the County and it should be part of the agreement with the Town of Mount Pleasant. Mr. Santos said that he believes this was overlooked and should have been on the agenda; however, the Royal Palms Subdivision is requesting to be exempt from the Sweetgrass Basket Overlay District. He added that this will be included in the second reading. Mr. Brimmer stated that this is Jeff Ulma’s first time presenting to Council. He said that Mr. Ulma is the new Planning Director for the Town of Mount Pleasant. Pat Sullivan, 1002 Plantation Court, stated that the SBOD plan was a combination of Charleston County, the Town of Mount Pleasant and the residents of the SBOD. She said they all worked together and Page 3 of 59 came to the same decision as to what the geographic area should encompass. She stated that the Town needs to start honoring this geographic area, stop changing it, and leave it as it is. Kevin Cunnane, 3032 River Vista Way, congratulated the new Mayor and Council members. He said when you look at the illustration for the Royal Palm subdivision, at the end, it does not appear to have a turnaround for a firetruck. He said that often times, these get overlooked until something happens. He said that he is not certain if the connection Mr. Freeman was discussing will address this issue, but believes it can. Frank Clarkin, Director of the Royal Palms Property Owners Association, said that they have worked with the Town for several months on the process to become annexed into the Town. He said they have followed the step-by-step process to the best of their ability. He said all the owners, to the best of his knowledge, are in favor of this annexation and he would like to ask for Council’s favorable consideration. Mr. Santos stated that his issue is annexing those into the Town who do not want to be annexed. He said he understands that the 75% method would like to be used, and he has always been against this. He said that if someone owns a piece of property and are paying their taxes, they should not be forced to annex. He asked if all the property owners were contacted. He asked if those that did not respond would be contacted again. Mr. Clarkin said that the property owners have been provided ample opportunity to express opposition and to the best of his knowledge, there have been no oppositions expressed by any of the 72 owners. He said they have all been contacted on a number of occasions and the vast majority of property owners have responded and do want to be annexed. He said they have not received any negative responses. Mr. Santos asked why the 75% method is being considered if none of the property owners are in opposition. He asked why not 100%. Page 4 of 59 Mr. Clarkin said that some of the property owners have not responded, but have not responded negatively. He said that they have received ample notice from the Property Owner’s Association, as well as the management company that is used to contact all the owners. Mr. Santos stated that he will vote in favor of this today and is hopeful that prior to final reading, another effort is made to those who have not responded, to see if they have been out of the country or other issues. He would like to exhaust all efforts before forcing anyone to come into the Town. Mr. Clarkin stated that he would be remiss in his duties if he did not recognize Austin Rutherford, Principal Planner, who has been a great ambassador for the Town of Mount Pleasant in helping them go through this process. Kevin Hedges, 1279 Dingle Road and a resident of the Royal Palms. He said to address Mr. Cunnane’s comment regarding the firetruck, he lives at the very bottom of the road and said there is ample room for a firetruck to reverse and exit quickly. He said he lives in England, as well as Mount Pleasant and has received all communications via email and telephone regarding the annexation. He said for those who claim that they may not have received notification regarding the annexation, he finds this difficult to believe. Diane Lauritsen, 705 Bradburn Drive, stated that she did not come to speak about Royal Palms, but wanted to make Council aware that when Royal Palms was first being proposed for development, it was in the County and too dense; however, one of the things that the original developer stated was that they would tie on all the existing residences along Dingle Road to sewer and pay the connection costs and impact fees. She said that this is an example of something that was originally driven by the developer. She hopes that Council will consider this to help people. Page 5 of 59 F. Presentation of alternate Christmas Parade route Mr. DeMoura stated that in the interest of public safety and due to the ongoing construction on Coleman Boulevard, staff planned to revise the parade route by reversing it. He stated that Nicole Harvey, who heads up the Town’s special events, will show what staff is planning. Ms. Harvey stated that she would like to quickly review the Holiday Weekend Events: Page 6 of 59 Ms. Harvey stated that back by popular demand is the Holiday Movie: Elf. She said it will be held at Moultrie Middle School on the football field this year on Friday evening, December 8th. She said this has been a very popular event. Ms. Harvey said on Saturday, December 9th, the Town will have the Holiday Market at the Farmers Market Pavilion, which is a very popular event, bringing thousands of people to the area to patronize primarily Mount Pleasant crafters and artisans. She said this is a very popular event for the local community. Ms. Harvey said on December 10th, the Town will host the Christmas Light Parade. She said it will be on Coleman Boulevard and staff has been working very diligently to ensure a safe and enjoyable experience is planned for all residents and visitors who come to enjoy the event. She said that previously, the area where the majority of the spectators gather to view the parade, there is construction. Page 7 of 59 Ms. Harvey added that on parade day in this area, there are typically in excess of 5,000 people. She said staff met on site with the contractor, Police, Fire, Public Services, and the Emergency Manager and have reviewed this extensively and feel that the best way to ensure public safety, spectator enjoyment and the best for all involved, is to switch the parade route around. She stated that she began managing this event approximately five years ago and it has worked out very well. She said all participants involved in the parade must attend this mandatory safety meeting. She said that the parade lineup will go from Live Oak Drive to Pherigo Street. She stated that the road will be closed at Whilden Street, where traffic will be diverted to McCants. She said the time will remain the same as prior years; 4:00 pm that section of road will close off for the lineup. She said at 5:00 p.m. the off ramp from the Arthur Ravenel, Jr. Bridge to Coleman Boulevard will be closed off, all the way to Mill Street. She said the parade route will be from Mill Street to Patriots Point Boulevard. She said floats will turn left onto Patriots Point Boulevard, right on to Harry M. Hallman Boulevard for the end of the parade. Page 8 of 59 Page 9 of 59 Mr. Owens asked if there were any shuttles for citizens from the Old Village/Indian Village areas. Ms. Harvey stated that this is her eighth year planning the parade and they have never run shuttles. She said that people find their way. Mr. O’Rourke asked if talking about the direction of the Christmas Parade is something this Council normally does. He asked if this is going to require Council’s vote. Mayor Haynie stated that it will not require a vote of Council and appreciates staff bringing this to Council, as it is a significant issue when dealing with the community’s Christmas traditions. He stated that staff is bringing this information so that Council is better able to serve their constituents. Mr. Santos asked if this route will be temporary until Coleman Boulevard has been completed. Ms. Harvey stated that to the best of her knowledge, it is. She stated that there is an extensive public relations plan in place. She stated Page 10 of 59  that the information will be well advertised. She reiterated that the parade will begin at Mill Street and end at the intersection of Patriots Point Boulevard and Magrath Darby. Mr. Santos asked if there will be stands set up, as well as the lighting of the tree. Ms. Harvey stated that three tier bleachers will be set up along the sidewalk on the parade route, just as in prior years. She said that there will also be a stage set up. Mr. Santos asked about the tree lighting and fireworks. Ms. Harvey said they are working with the Town’s Fire Department, the fireworks company, the contractor and are hoping to have the fireworks staged at the Town Hall football field. Mr. Haynie said that it appears this will result in more parking on the Patriots Point end and will now involve more businesses on the west portion of Coleman. He added that the safety aspect is the issue this year, but believes this will turn out to be a great parade. G. Longevity Awards Mayor Haynie and Town Council joined Fire Chief Herb Williams in recognizing Captain Reginald Goettsch, Station #3, for 30 years of services with the Mount Pleasant Fire Department. Chief Williams stated that Captain Goettsch is the Fire Department’s senior captain and the second in longevity. He stated that his father is also a retired Chief with the North Charleston Fire Department. VI. APPROVAL OF MINUTES FROM THE OCTOBER 10, 2017 TOWN COUNCIL MEETING, THE NOVEMBER 10, 2017 SPECIAL TOWN COUNCIL MEETING AND THE OCTOBER 2017 FINANCIAL STATEMENT. Mr. Santos moved for approval; seconded by Mr. Owens. All present voted in favor. VII. CORRESPONDENCE AND PUBLIC STATEMENTS Barry Wolff, 1468 Pocahontas Street, stated that it is an honor to be the first to address the new Mayor and Council and said that he would Page 11 of 59 be remiss to not thank Council members, Paul Gawrych, Elton Carrier, Mark Smith, and Mayor Page for their service to this Town. He said that he welcomes the new Council. He said that the past couple of years has been difficult for the Town and time for all not to be from the north end or south end, or a creeker or not a creeker, but time for all to get to work and work as one. He believes the results of the last two elections show that there is a populous that believes the right people are sitting on Council to put the Town back together and measure what we do. He stated that there are 6,000 homes approved at this time and not a lot that can be done with these. He said to make sure going forward, that we do the people’s business and do it as one town, as there is no divided town. Dennis Blyth, 610 Pelzer Drive, said that he would like to thank Town Council members for offering themselves as public servants and congratulate those that are new on Council, as well as the new Mayor. He said that he is looking forward to celebrating a re-birth in the Town of Mount Pleasant of public involvement, Council listening to the public and being concerned about the citizens and their interests first. He said he agrees with Mr. Wolff’s comments about this being one Town. He said we need to be united and move forward. David Shemp, 1551 Ben Sawyer in Simmons Point, said that he would also like to congratulate and thank each on Council for their devotion to the Town. He said that running for office is not easy and serving is not easy, but thanked Council for their commitment to public service. He said he would like to make a few requests. He said first and foremost, he would like for Council to investigate any possibility to unwind the approval of the Atlantic settlement. He said, secondly, he would like for Council to reevaluate the traffic quagmire on Coleman Boulevard. He said, third, although the parking garage will certainly be a blight on Shem Creek, to his knowledge, there is still no definitive determination of the zoning and mapping of the Shem Creek Marine District to prevent future encroachment. He asked Council to ensure that there can be no confusion in the future where the Shem Creek Marine District is. He said further, he would recommend that Town Council consider appointing Page 12 of 59 outside Legal Counsel to review the Atlantic issues, since the Town Attorney and his firm provided legal advice to support and advance these questionable actions. He said he would also like to request that Town Council support an advocacy for anti-SLAPP legislation, which is a strategic lawsuit against public participation. He said since such legislation, to have real teeth, such as hotline sanctions, reimbursement for legal expenses, etc. He added that he has personally experienced SLAPP in this Town on two occasions, having been served subpoenas over the past couple of years by developers’ lawyers, because he had the audacity to express his opinions to Town Council in a public forum. He said these subpoenas were excessively broad and intrusive to the extent of harassment. He said that they were clearly designed to deter him from providing his opinion to his elected representatives on Town Council. Chris Staubes, 3421 Shagbark Circle, said that he would like to congratulate the new Mayor, Mayor Pro Tempore and the distinguished ladies and gentlemen on Town Council. He said that he knows what goes into being on that side of the podium and knows that Council members are putting in ten hours behind the scene for every one hour they are out in the public. He said Council will be dealing with constituents, preparing for meetings, meeting with staff, planning and researching, and he appreciates everything Mayor and Council are doing. He said as President of the Mount Pleasant Chamber of Commerce, he said his door is always open. He said in his other role as a member of the Charleston County School Board, he is available if Mayor or Council have a request. Kevin Cunnane, 3032 River Vista Way, said that he requested a picture be displayed while he speaks. He said for approximately three years, he has come before previous Council members to speak about the Mount Pleasant Fire Department. He said not to be a pain or to be political, but because it is a matter of life and death. He said last month, under the previous Mayor, the Town saw an unprecedented display under which the Mayor asked the Fire Chief to come before Council and dance around and play politics with the fire that took place. He said this is Page 13 of 59  unacceptable. He said that he was unable to listen to the tapes from that fire until today; however, the situation the Town’s Fire Department is in is troubling currently. He said much of this can be blamed on those that are no longer on Town Council. He said he is asking this Council, as a father, a retired firefighter and an activist in the community, to please look at how the Fire Department is being treated and the priority it is being given. He said that the former Mayor closed a ladder company while the Town grew by approximately 25,000 during her tenure between her role on Town Council and as Mayor. He said it is absurd to close a ladder company during the growth of a Town; it does not make sense. He said if you look at the numbers that City of Charleston had prior to the large fire on Savannah Highway, the Town is right there. He said that we have not learned those lessons here in the Town, and the City of Charleston learned them, sadly, at the funerals of those firefighters they lost. He said what he is asking of Council is to please recognize that this is now an opportunity and a new day and the denial that has been institutionalized by the prior Mayor can be changed now under the new leadership and make it a priority to protect the firefighters, because they are understaffed with an inadequate number of units with no backup plans. He said the new leadership is needed to turn the page on the old problems, because firefighters were told not to speak to the candidates during the election. He asks this leadership to reach down to the lower levels of the Fire Department, who are the ones putting the fires out, and ask them. Mr. DeMoura stated that Mr. Cunnane asked for an image to be displayed; however, it cannot be retrieved. He said that it is a picture of a burned house. Mr. Cunnane stated that it is a picture of a completely destroyed house in a broad daylight fire. He asked Council to think about if this happened at 3:00 in the morning, instead of 3:00 in the afternoon. VIII. PLANNING – Ms. Farrell/Mr. Ulma Planning Committee Minutes Planning Commission Minutes Page 14 of 59 A. NEW BUSINESS 1. First Reading: An Ordinance providing for the annexation of an approximately 11.99 tract of land located on Dingle Road identified by TMS Nos. 578-00-00-162, 578-00-00-538 through -599, 578-00-00-595 through -596, 578-00-00-606 through -608, 578-00-00-610 through -620, 578-00-00-667 through -703, 578- 00-00-711 and depicted on a plat recorded by the Charleston County RMC Office in Book L12, Page 0114-0115 and Book L13, Page 0405 – 0406. (Ord. No. 17058) Mr. Brimmer moved for approval; seconded by Mr. Bustos. George Freeman, 1450 Bowman Road, stated that there is a major problem annexing this project as it is. He said with open space in there, the Town is giving them the opportunity to build even more townhouses in that space. He said additionally, if the connection to Crystal Road is not required, all the traffic will come out to Highway 17 forever in the future. He said the purpose of the county putting in the connection to Crystal Road was for the possibility of traffic accessing to Billy Swails Boulevard and not just to the Highway 17 traffic light. He said that if the connection is not made, this will continue to add to the intersection traffic at Highway 17 and Highway 41. He said that he does not object to the annexation; however, there is an opportunity to ensure that they do not overbuild in that area. He stated that the 72 homes would not have been there if the overlay district was created prior to them being constructed. He said it is fine that they are there; however, he does not want any additional building. He said the way to do this is to put these conditions in and to assist with traffic flow, to ensure there is another way in and out of this subdivision. Frank Clarkin, Director of the Royal Palms Property Owners Association, stated that the development phase of this project is completely concluded. He said the developer is out of the project and the homeowners association has taken over the management. He said it may appear that there is more land that Page 15 of 59  may be built upon; however, that is not true, because they are wetlands. He said there is no additional land to build on. Mr. Bustos stated that at the Planning Committee, he asked the question if this area was built out and was told that it was and it is. He said that other conditions may be added at second reading if Council feels that it is necessary; however, this project was built out when the annexation was requested. Mr. Owens asked Mr. Clarkin about a pond that is adjacent to Billy Swails Boulevard, and if there were any intentions to this subdivision tying into Billy Swails Boulevard from Dingle Road. Mr. Clarkin stated that they do not have any intentions of doing this; however, it appears there is a lot more room at the end of the street to tie into Billy Swails than there is. He said that if Council comes out and walks the area, he said that he can assure Council that it will not accommodate any typical roadway. Mr. Owens stated that it appears that some of the units would have to be removed in order to accommodate a connection. Mayor Haynie stated that for clarification, in the middle of the illustration is a jurisdictional wetland. Mr. Ulma responded in the affirmative and stated that there are several common open space areas that are jurisdictional wetlands. All present voted in favor. Mr. DeMoura read FIRST READING BY TITLE ONLY. 2. First Reading: An Ordinance to zone TH, Townhouse District, an approximately 11.99 acre tract of land located on Dingle Road identified by TMS Nos. 578-00-00-162, 578-00-00-538 through -599, 578-00-00-595 through -596, 578-00-00-606 through -608, 578-00-00-610 through -620, 578-00-00-667 through -703, 578- 00-00-711 and depicted on a plat recorded by the Charleston County RMC Office in Book L12, Page 0114-0115 and Book L13, Page 0405 – 0406. (Ord. No. 17059) Page 16 of 59 Mr. Ulma stated that this is the zoning request of the same property on Dingle Road, which is to zone the property TH under the Town’s zoning. He said the property was developed under Charleston County as a Planned Development District and the project began at the same time the Sweetgrass Basket Overlay discussions were occurring. He said that the land use map for the Town depicts this as Community Conservation, which does not allow Townhouses as a use in that land use designation. He said the recommendation was that the zoning include just the Townhouse (TH) and not include the property in the overlay, because of its existing nature. He said that keeping it in the overlay as is, Townhouse zoning would not correspond one to one even with County zoning, so there will already be non- conformities for these lots and units in terms of dimensional standards such as building heights or setbacks. He said it would further be compounded to the extreme if this were included in the overlay, as Townhomes are not an allowed use whatsoever under the overlay. He said that any non-conforming structure damaged or destroyed would not be able to be rebuilt or an allowed use. He stated that staff’s recommendation and the request of the property owners, as part of their annexation, was to request just the straight TH zoning district on this property. Mayor Haynie asked members of the Planning Committee how this was addressed in Committee deliberation. Mr. Brimmer stated that under normal circumstances, this would not be the desired zoning; however, the project is built and is there, but is not compliant. He said in the event of a disaster of some sort, if one or two of those buildings were destroyed, you would have incompatible building in that project. He said the idea was to make the zoning compatible with what is already there, as opposed to making the subdivision non-conforming with a different zoning. Page 17 of 59 Mayor Haynie asked if the Committee discussion was that if more building was allowed, this would be very different, as the Town is very protective of the Sweetgrass Basket Overlay District (SBOD). Mr. Brimmer said that the discussion was addressed; however, this is a different situation in that this project is already built out. Mr. Bustos said that some of this pre-dates some of the SBOD. He recalls that when on Council previously and worked with Mount Pleasant Waterworks to have water and sewer installed. He said since it is already built, it would not be wise to not approve this, because if their home was destroyed more than 50%, they would not be able to rebuild. Mr. Brimmer moved for approval; seconded by Mr. Bustos. Louis Jefferson, 1128 McKnight Road, said that he has always had an issue with the Town annexing a piece of property or approving an application for annexation prior to going through the process of zoning. He said he always thought that was done backwards. He said it is amazing that the Town would annex a problematic piece of property, having all these issues. He said that he is the co-chair of CAGE, which is a Seven Mile Community. He said this project is on Dingle Road, which is being annexed into Mount Pleasant, but more specifically, it is in Seven Mile, which is a community. He said that they do not ever hear property being further identified as a community. He said that part of the SBOD’s designation was to receive protection and that protection was not for any specific group, race, creed, color or people, but to the geographic of an area. He said that he stands speaking for the Seven Mile Community where this project exists. He said that there are no additional properties that the Town can annex other than property that is in the unincorporated area of Charleston County. He said this area is a mixed bag of County and Town. He said that they stand against the project coming out of the SBOD. All present voted in favor. Mr. DeMoura read FIRST READING BY TITLE ONLY. Page 18 of 59 B. OLD BUSINESS 1. Final Reading: An Ordinance to amend Chapter 156 of the Mount Pleasant Code of Ordinances by adding the new section 156.321 establishing an Impervious Surface Lot Coverage Overlay District. (Ord. No. 17053) Ms. Farrell stated that this item came through the Public Services Committee originally for first reading, then went back through the planning process with the Planning Commission for a public hearing and then to the Planning Committee. She stated that this is a text amendment to provide for an Impervious Surface Overlay District and what this text will do is require a 40% maximum impervious surface coverage for properties within the designated area. She said that this mirrors the text that already exists in the Old Village Historic District. She said that this will only apply to single family detached properties and will not apply to any commercial properties, because they must meet their drainage requirements anyway. She said this also would not apply, for example, to Mount Pleasant Waterworks, churches or schools or things of this nature. Page 19 of 59  She said that everything outlined in red is where the new overlay district would apply. She said the only exception to those already named, would also be townhomes off of Center Street, because the amount of impervious surface that are already on those lots would far exceed the requirements of this ordinance. She said that she would like to point out that when it came through the first time, the draft that was presented for first reading, had included some language regarding exemptions; however, because there is a map that clearly outlines this, prior to final reading, there needs to be an amendment to remove those exemptions that are provided at the end of the draft text, which will make everything clear and will comport with what is outlined on the illustration in red. She would request the amendment prior to final reading and then an amended final reading. Mr. Bustos made a motion to amend the text of the ordinance in keeping with Ms. Farrell’s statement; seconded by Mr. Owens. Mayor Haynie asked Legal Counsel if this meets the discussion regarding “amending as approved” by the Planning Committee. Mr. Pagliarini responded in the affirmative. Mayor Haynie stated that this simply clears up the language and the boundary. All present voted in favor. Mr. Bustos made a motion for approval of final reading, as amended; seconded by Mr. Owens. All present voted in favor. Mr. DeMoura read FINAL READING BY TITLE ONLY. This Ordinance SIGNED, SEALED and DELIVERED this date. 2. Final Reading: An Ordinance to rezone from NC, Neighborhood Commercial District, to AB, Areawide Business District, an approximately 0.39 acre tract of land located at 1375 Old Georgetown Road, identified by TMS No. 559-13-00-027, and depicted as a portion of Lot 8 on a plat recorded by the Charleston Page 20 of 59 County RMC Office in Book G, Page 049. Property to remain in the UC-OD, Urban Corridor Overlay District. (Ord. No. 17055) Ms. Farrell stated that this property is under half an acre and located on Georgetown Road behind the new Bowman Place Shopping Center and is included within the Urban Corridor Overlay District (UCOD), so the request to rezone from NC to AB has been recommended for approval by both the Planning Commission and the Planning Committee. Mr. Bustos asked if either zoning would allow for hotels in this area. Ms. Farrell responded in the affirmative. She said that NC does allow for a hotel, but is limited to a boutique hotel of no more than 50 rooms. She said that AB would allow for any size hotel; however, because the property is included in the UCOD, this expands those permitted uses that are found within the NC district to be those that are in the AB. She stated that it eliminates the boutique hotel option and any size hotel could potentially be built there. Mr. Owens stated that it appears that the same owner owns the five parcels there. He said that it appears that you could erase the lines and have one large parcel of property. Ms. Farrell stated that she believes this is the intent, but does not know for what purpose. She stated that there have been no submittals or applications for this. She stated that if the owner wanted to abandon those property lines, this would be a piece of property with zoning lines that do not match up to any property lines. Mayor Haynie asked how large the property would be if all those parcels are put together. Ms. Farrell stated that all the parcels are all similar in size, with one being slightly larger, which would be approximately two acres. Page 21 of 59 Mayor Haynie stated that if Council does not approve this, what may be the intended uses for this property. Ms. Farrell stated that it would not affect it, because it is part of the UCOD and the use of a hotel would still be a permitted use. She stated that this is more administrative to clean up in order not to end up with underlying zoning districts that do not match any property line. She said that it will not change the permitted uses, because it is already part of the overlay. Mr. Santos stated that the urban corridor needs to be reviewed on Chuck Dawley Boulevard, because more and more hotels are being built. He stated there is a small street that is going to service that area with a dead end at the other end. He said that there will be one way in and one way out and will be right on Bowman Road. He said even if they did have an exit on the other side, there is the car rental place and does not see this as a way to get in and out with access to Johnnie Dodds Boulevard without causing additional traffic. He said he would like for the Planning Committee to take another look at the Urban Corridor on Chuck Dawley Boulevard to see if this should be removed. He said this scares him to have a big hotel going in across the street from two other new hotels. Ms. Farrell stated that the Urban Corridor is broken up into three sections; Coleman/Ben Sawyer; Johnnie Dodds; and Chuck Dawley. She said this is part of the Johnnie Dodds sections and the Chuck Dawley is the least intense of the three sections. She said that Johnnie Dodds has the greater building height and more expansive uses. Mr. Santos stated that it does not have access to Johnnie Dodds. Ms. Farrell stated that this is how the map was drawn. Mr. Santos stated that this will add to traffic on Bowman Road. He asked that the Planning Committee review this again and ensure that all this will fit. Page 22 of 59 Mr. Bustos stated that this may be a great place to begin the discussion of a hotel district, because hotels are popping up all over the Town and it is time to have this discussion. He said he does not know what the will of Council is to do with this particular property; however, he does believe this discussion needs to begin. He said that he would like to see this, after the vote is taken, to be referred back to the Planning Committee. Mr. Santos made a motion to deny the request for rezoning; seconded by Mr. Owens. Mr. O’Rourke asked if part of the motion could include sending it back to the Planning Committee for further clarification, because if we vote this down this evening, that is it. Mr. Santos stated that they could come back again. Ms. Farrell stated that they would have to request a waiver. Mr. Santos stated that this is too important and should be reviewed again, because this is in an area that already has a great deal of traffic congestion and he would like to ensure this is appropriate for this area. Ms. Whitley said that in earlier discussion, this was more administrative than anything else, so regardless of whether this is voted down, they could still build a hotel on that property. Ms. Farrell responded in the affirmative. Mayor Haynie stated that the motion on the floor is for denial, and if denied, the use does not change. Ms. Farrell said that is correct. Mr. Bustos said that he would ask Mr. Santos to amend his motion to send this back to the Planning Committee in order to tie it into the idea of districting, because the Town needs to have this conversation. He said this would defer action on this item until there are discussions about a hotel district, and this may fall out of this district. Page 23 of 59  Mr. Santos stated that he would like to remove his motion for denial and amend to send this back to the Planning Committee; Mr. Owens stated that he will also amend his second. Mr. Brimmer asked if there is a time limit for this to be acted on and brought back to Council. Ms. Farrell said that all actions must be completed within six months; therefore, if there is a favorable decision, last month would be counted as one month. Mayor Haynie stated that this is doable within the six months. Ms. Farrell stated that the action must be finalized, whether approved or denied, within that timeframe. Mayor Haynie stated that the motion is for a deferral. All present voted in favor. 3. Final Reading: An Ordinance providing for the annexation of an approximately 1.15 acre tract of land located at 485 Commonwealth Road, identified by TMS No. 596-12-00-011 and depicted on a plat recorded by the Charleston County RMC Office in Plat Book BO, Page 117. (Ord. No. 17056) Mr. Brimmer made a motion to approve; seconded by Mr. Bustos. All present voted in favor. Mr. DeMoura read FINAL READING BY TITLE ONLY. This Ordinance SIGNED, SEALED and DELIVERED this date. IX. COMMITTEE REPORTS A. Accommodations Tax Advisory Committee (No Meeting) Report B. Bids & Purchases Committee The Committee unanimously approved the following recommendations: Page 24 of 59  • Approval to contract with Wildwood Contractors, Inc., in the amount of $164,710 to complete the Wando Park Blvd sidewalks. • Approval to contract with TQ Constructors, Inc., in the amount of $1,778,000 to construct the Carolina Park Sports Complex Phase II. • Approval to contract with Carolina Green Corp. in the amount of $432,415 to install Sports Field Drainage Systems at the Jimmy Seignious Athletic Complex and at Carolina Park Recreation Complex. • Approval to contract with Southeast Pipe Survey, Inc. in the amount of $384,430.45 to perform the cured in place pipe repairs in Bell Hall Plantation. C. Economic Development Committee Report D. Education Committee (No Meeting) Report E. Finance Committee 1. Approval to accept the 2018 DUI Enforcement and Education Grant Ms. Santos moved to approve. All present voted in favor. 2. Report Report Item The Committee, 3 to 1, denied the appeal by Hunter Quinn, LLC, of the application of the Mount Pleasant Business License Ordinance by the Business License Official. Discussion Item The Committee received an update on the draft Title VI Non- Discrimination Compliance Plan from Mr. Hinchey and Mr. Morrison. Page 25 of 59  Recognition The Committee recognized: Rachel Wagner for receiving a Rising Star Award from the Charleston CFO Council. F. Fire Committee (No Meeting) G. Human Resources (No Meeting) Report H. Patriots Point Development Authority Report I. Planning Committee • Staff presented to the Committee the Planning Commission recommendations regarding proposed amendments to the Tree and Buffer ordinances. The Committee received this as information only and agreed that a review should be provided to Committee again in December. It was noted that any text amendments will still need to be drafted and a public hearing held with the Planning Commission. • The Committee received an update from Jack Little on the progress of the Housing Committee with the implementation of the Housing Task Force recommendations. The Planning Committee agreed that the primary focus of the Housing Committee should be on the establishment of a nonprofit affordable housing organization. • Staff presented the Committee with an update on the Comprehensive Plan process. Currently our consultants and staff Page 26 of 59  are processing feedback received at the first Open House meeting as well as online surveys. The Town will continue accepting surveys through Friday, November 17th. Information and feedback gathered will be presented to the Plan Forum at their next meeting on December 5th to help establish the preliminary vision and framework for the plan. The next Open House is planned for January 30th. J. Police, Legal & Judicial Committee (No Meeting) Report K. Public Services Committee (No Meeting) Report L. Recreation Committee (No Meeting) Report • Friday, October 6 – A Sock Hop was held at the Park West Gym for the first time with 309 participants. The location changed due to demolition of Town Hall Gym. • Thursday, October 12 – Senior Center Open House with approximately 70 visitors was held promoting clubs, activities and senior programs throughout the Town. It generated 18 new members. • Thursday, October 26 – Halloween in the Old Village was held at the Darby Building. There were approximately 350 attendees. There was trick or treating, games, prizes, pony rides, jump castle, crafts, face painting and a magic show. • Friday, October 27 – Halloween in Park West was held at the Park West Complex with the same types of activities. There were approximately 250 attendees. • Friday, November 3-Sunday, November 5 – A Junior Classic Tennis Tournament was held at the Whipple Road Complex. There were 96 youth participants between the ages 10-18 years competing from all over the state in a combination of single and doubles matches. Page 27 of 59  • For the month of October MPRD offered 345 swim lessons. • For the month of October 2,780 youth and 593 adults participated in Athletic Leagues. • Senior Center current membership is 2,209. Tennis Center current membership is 832. M. Transportation (No Meeting) Report N. Waterworks Commission Report O. Water Supply Committee (No Meeting) Report X. ADMINISTRATOR’S REPORT Three Old Village Historic District Commission vacancies Four Construction Board of Adjustments vacancies One Culture, Arts and Pride Committee vacancy XI. COUNCIL BUSINESS A. New Business 1. Adoption: A Resolution approving a Memorandum of Understanding between the United States Coast Guard (USCG), Sector Charleston and Charleston, South Carolina Metro Maritime Agencies regarding ferry security operations. (R. 17112) Mr. Owens made a motion to approve; seconded by Mr. Santos. All present voted in favor. Mr. DeMoura read the RESOLUTION BY TITLE ONLY. This Resolution SIGNED, SEALED and DELIVERED this date. Page 28 of 59 2. Adoption: A Resolution authorizing a Law Enforcement Mutual Aid and Jurisdictional Agreement between the City of Charleston Police Department and the Town of Mount Pleasant Police Department. (R.17113) Mr. Owens made a motion to approve; seconded by Mr. Santos. All present voted in favor. Mr. DeMoura read the RESOLUTION BY TITLE ONLY. This Resolution SIGNED, SEALED and DELIVERED this date. 3. First Reading: An Ordinance authorizing a lease of property known as the Trident Academy Gymnasium to the Town of Mount Pleasant. (Ord. No. 17060) Steve Gergick, Recreation Director, stated that the Town was sub-leasing the Trident Academy Gym through the Cainhoy Soccer Club previously. He said that the Town will now be directly leasing the gymnasium from Trident Academy. He said the existing agreement with Cainhoy Soccer Club will be extended for one year under the same terms and prices ($13,600 per year) for the 2017/2018 season and extended into June and July of 2018 for the summer basketball season. He said that it was previously only during the winter basketball season. He stated that this is an additional $9,730 to the agreement. Mr. DeMoura stated that while the Town Hall gymnasium was demolished and a new one being erected, it makes this agreement important to the Town. Mr. Gergick stated that the new gymnasium at Town Hall should be completed by November, 2018. Mayor Haynie stated that this is good for the Town and the school, as well. Mr. O’Rourke asked if this was exclusive use. Mr. Gergick stated that it is not. He stated that this is Trident Academy’s gymnasium and they have priority use; however, the Town has specific times and dates for usage. Page 29 of 59  Mr. O’Rourke asked if this amount is $13,600 plus the $9,730. Mr. Gergick responded in the affirmative. Mr. Owens made a motion to approve; seconded by Mr. Santos. All present voted in favor. Mr. DeMoura read FIRST READING BY TITLE ONLY. 4. Follow up discussion regarding the personal liability of elected officials when voting Mayor Haynie stated that this is for anything that Council may act on. He said to the new council members, there was a situation prior where there may have been some exposure of Town Council members to personal liability when acting in an official capacity. He said when voted on previously, it was unanimous, but to request from the Attorney General’s office of the State of South Carolina to provide their opinion, which does not hold the force of law, but is an opinion from the Attorney General’s office that would assist in providing a guideline for Council in the future. He said this was passed unanimously under the old Council; however, would like to know that the new Council desires the same. He said that he would like to reaffirm this with the new Council. He stated that he would be looking for a motion to approach the Attorney General with this question and will offer to lead the drafting of this request and for Council to approve the opinion once a response is received. Mr. O’Rourke asked if there is a fee for the Attorney General’s opinion. Mayor Haynie stated that he is not aware of a fee. Mr. Santos stated that he requested an opinion on another issue and was not charged. Mr. Santos made a motion to proceed; seconded by Mr. Bustos. Mr. Brimmer asked Mayor Haynie if the letter he drafts will be distributed to Council prior to being sent out to the Attorney General. Page 30 of 59  Mayor Haynie responded in the affirmative and stated that anything of this nature is sent out as a Council. All present voted in favor. 5. Follow up discussion regarding the process of entering into executive session and Council action following executive session Mayor Haynie stated that there was some question from members of Council, as well as members of the public, whether all the laws and guidelines were followed for the use of executive session and acting on items on the agenda. He said that they are two separate items; one is a sunshine law and the other is a law regarding the use of agenda. He said that he would like to do the same and ask the South Carolina Attorney General’s office to provide an opinion. He said that if everything on that particular vote, going back to May or June, if the law was followed on this and if not, help Council to follow it better in the future for the sake of transparency and compliance with the law. He asked if there is discussion or a motion. He stated that he will draft the request to the Attorney General and forward to Council for approval. Mr. Bustos made a motion to authorize Mayor Haynie to draft a letter and provide to full Council for submittal to the Attorney General; seconded by Mr. O’Rourke. Mr. Brimmer asked if both of the letters become part of the public record or are they protected. He said there were previous discussions regarding the possibility from a liability standpoint, how much becomes public. He said when the responses from the Attorney General come back, will they be in the public realm. Mr. Pagliarini responded in the affirmative. Mayor Haynie stated that none of this is protected by attorney/client privilege, nor will it undo any previous actions of Council. He said that it is only a commentary on the way Council conducted their business and to serve as a guideline in the Page 31 of 59  future. He stated that these will be two separate questions going to the Attorney General. All present voted in favor. 6. Update on Park West Boulevard Widening Project Mayor Haynie asked Mr. Morrison what Council can do to make this happen, what do they need to be thinking about in the future in terms of allocating resources and getting Park West Boulevard widened. Mr. Morrison stated that to be brief, this has been in the Long Range Transportation Plan for quite some time and the project was identified in the CIP (Capital Improvements Plan), for funding in 2017. He said there was also a mid-year funding for $100,000 and last year, $1 million was allocated to the project. He stated that design is underway with Mead & Hunt and a survey was just completed. He said there was a Public Information meeting several weeks ago and there were 38 attendees with 42 survey responses. He said the responses were due last Friday (November 10th), and the vast majority of those supported the widening in some form or another. He said that Page 32 of 59 most of that relates to what type of bike facility did they really prefer. He said that this will likely be presented in December to Committee as a summary. He said the design and permitting should be complete in the fall of 2018 and because there are no wetlands permitting, they will likely beat this date. He said that wetland delineation, utility coordination and design will come next after Council’s approval upon submitting the results of the surveys. He said they have a good contingency for utility coordination, as they are not sure what they will see yet, but will be in the $6 to $7.5 million dollar range. He said of the $1.1 million, minus the design fees, there is approximately $670,000 remaining in the CIP. He said as to what can be accomplished, there is the CIP process coming up and staff is going through the process at this time. He said this will be presented in January to Council for consideration. He said at that time, additional funding could be considered for the project. Mr. Brimmer said that he would like to thank the previous Council and this Council for supporting this. He said this is a long overdue project and previous Council was very supportive of Page 33 of 59 moving this forward. He said Mr. Morrison and staff have been great in their attempts to expedite this process. He said there is a great deal of excitement in the neighborhood regarding this. He said this is Park West Boulevard widening and not a Park West project. He said that this is a boulevard that serves most of the communities in the Highway 41 corridor, as well as Carolina Park, so this is a major project for the north area of the Town. He added that he is looking forward to the discussion of finding the funding for this project. Mayor Haynie stated that this will be reviewed at the Council Retreat in January, where Council will be reviewing the CIP. He asked if the Town is expecting not to have any delineated wetlands. Mr. Morrison stated that they come close in one small section, but believes they are able to stay out of the wetlands. He said if so, it would be fairly straight forward permitting. Page 34 of 59 7. Update on and evaluation of Coleman Boulevard Transportation Project Mr. DeMoura stated that staff has a similar presentation. Mayor Haynie stated that the previous Council received a number of telephone calls and there were a number of questions being asked. He said he believes this will be a good time to evaluate this project to ensure this is the direction Council would like to go. Mr. DeMoura said staff thought it best to discuss the history of how the Town came to the point they are today for the benefit of new Council members. He said what we are currently seeing on Coleman Boulevard has been an endeavor that has been around for almost 40 years, dating back to 1982, with more work done in 1993 and more Council direction as far as the Coleman Revitalization in 2005. Page 35 of 59 He stated that the CRAB (Coleman Revitalization Advisory Board) was established in 2006, and then an adoption of an amendment through the ordinance process that established the Page 36 of 59 overlay districts that we see now. He said in April, 2011, the Town of Mount Pleasant contracted with Trans Systems and they were the designer to develop the design plans for the Coleman Boulevard project. He said the big date is in November, 2011, when Council reviewed and adopted the section for Coleman that is currently being constructed. He said you will see the four 11 foot through lanes, bicycle lanes and the parallel parking spaces, sidewalks and the multi-lane roundabout, which was approved that was cancelled due to funding. He said there were public meetings in February and April and the design was completed in April, 2012 through November, 2015. He said the project was bid and there was funding for a portion of the project, Phase I and II, and the project is now under construction. Page 37 of 59 He said one of the most significant things, other than the bike lanes, turn lanes, underground utilities and the landscape medians, is the impact on stormwater. He said if you add up both phases, it is approximately four acres of water that is being redirected from neighborhoods, and almost 25 acres of untreated water that was previously being discharged into Shem Creek, will be treated when the project is completed. He added that this will have the adaptive traffic signal program that the Town has at their major arteries around the Town which provide approximately 20% improvement in traffic flow. He said it is important to mention that Mount Pleasant Waterworks also has an upgrade going on within the project. He said that the phases begin at Mill Street and goes all the way to Pherigo Street. He said the project budget is $18.2 million in total value and expect it to last 700 days. He said that Paul Lykins is the project managers for the Town on this project and asked him to provide an update to Town Council. Page 38 of 59 Mr. Lykins stated that the contractor is Blythe Development and there is an $18.2 million contract value, and a large portion of this is for Mount Pleasant Waterworks relocations. Page 39 of 59 He stated that this is a 200 day contract, which is two years. He said they have had meetings with the business community to keep them apprised. He said that Ed Barbee, Transportation Liaison and Amy Livingston, Business and Tourism Manager, have gone from business to business and met with them to explain the projects and provide them with updates. He said that business access signs have been installed clearly showing driveways to businesses and can be moved around as the project progresses. He said the temporary pavement markings have been enhanced. He said currently and for the next few months, the initial focus will be on Simmons Street where they are currently relocating a sewer force main and water line and installing stormwater drainage, as well as a large water quality device that will treat the stormwater before it discharges into Shem Creek. He said from now until approximately February, 2018, work will continue on Simmons Street, start the storm drainage on Coleman in front of Moultrie Plaza, and installing a second water quality device for the Church Street outfall. He said that this is where they are currently. Mayor Haynie stated that the action on this and the Committee work predates him sitting on Town Council and asked if this Page 40 of 59 came through the Transportation Committee or the Public Services Committee. Mr. Lykins stated that it came through the Transportation Committee. Mayor Haynie asked if this is a Transportation project that involves drainage. Mr. Lykins responded in the affirmative. He said that most of the funding in the project goes towards drainage; however, initially began as a transportation project. Mr. Owens asked what the duration of time is from when the storm drainage starts and the pavement is installed. Mr. Lykins stated that project-wide, they are currently in traffic control stage one, which is construction of the east bound and west bound lanes of Coleman. He said there is a lane shift currently set up where they are working now. He said this phase will run until May, 2018. He said that stormwater drainage, utilities, sidewalks, curbs and gutters, and all the improvements on the west bound side. He said that the contractor will then flip that scheme, a mirror image over to the other side of Coleman (Moultrie Middle School side), and perform that same amount of work until December, 2018. He said that once this is completed in December, 2018, traffic will then begin to operate normally as it did before construction, because they will then be working on the center median only at night. He said all the sides will be cleaned up and the barrels moved, as they will be working in the center median. He said that final pavement will begin when the medians are complete in December, 2018. He said that pavement cannot be completed during the cold season, which will run through May. He stated that final completion of the pavement should be accomplished by August, 2019. Mr. Owens asked if any revisions have been done to the existing construction drawings to date. Page 41 of 59 Mr. Lykins stated that since the letting, he said some rights of way or driveway access have been modified on one property. He said they are working on a revision to revise the storm drainage slightly to help speed the process up, and believes these are the only revisions. Mr. Owens asked if the Town has ever requested a change or modification to the project. Mr. Lykins responded in the affirmative and said a change order was issued to add the business access signs, which was $1,500 and recently did a change order to relocate a water line for MPW. Mr. Owens asked if the Town has ever had reason to have a no cost or deductive change order on past projects. Mr. Lykins stated that no cost change orders have been done in the past. Mr. Owens asked if the Town has been given full disclosure of all sub-contractors and has the Town reviewed them completely and satisfactorily. He asked if the site plans were available for review. Mr. Lykins responded in the affirmative and stated that he does have the site plans in his office, which were also provided to Town Council members. Mr. Owens stated that he receives a number of telephone calls from citizens regarding traffic, congestion, lane changes, as well as accidents. He asked if incremental changes can be made. Mr. Lykins stated that the traffic control scheme that is currently set up follows all applicable standards. He said that it follows the manual on Uniform Traffic Control devices, all SCDOT (South Carolina Department of Transportation), standard drawings, and is a typical construction zone and lane shift. He said that it can be adjusted. He said the barrels can be moved around and they are when access or turning issues in front of businesses are a Page 42 of 59 problem. He said that it can be adjusted as the project progresses; however, for a wholesale change, he does not believe this can be accomplished. Mr. Owens stated that he hears it all the time from the citizens regarding the raised medians and how it will affect Coleman Boulevard in the long term. Mr. Lykins stated that their analysis indicates that it will not have any impact on the capacity of Coleman, because it will direct all the turning movements to one signal and there will no longer be all the conflicting left turns in the two way center lane. He said that it will also provide side friction to slow traffic down, along with the buildings, the sidewalks and pedestrians closer to the street. He said that it also provides landscaping. Mr. Santos stated that what he believes Mr. Owens has been hearing is a lot of pushback regarding the medians in the middle of the road and that being able to pull off into a center median to allow traffic to continue moving or pull into a median and merge over is favorable. He realizes that medians in the middle of the road are traffic calming devices. Mr. Morrison stated that they have a traffic calming effect, but the primary benefit of the median is a safety issue. He said that there have been many studies on this issue. He said that medians, in general, will drop the collision rates by at least 25%, some as high as 48% to 50%. He said there is an obvious benefit from a safety factor of implementing medians. He said that there has also been research done on capacity improvement with medians, because it provides a more uniform cross section for the driver to drive in. He said the research shows up to 30% capacity gains. He said that they are a great safety benefit for pedestrians for medians are nearly 50% reduction of crash rates for pedestrians. He said there are great benefits to the median. Mr. Santos stated that the issues he has been hearing is that Mathis Ferry Road has multiple roundabouts, which are traffic Page 43 of 59 calming devices and Johnnie Dodds Boulevard now has where it goes into five lanes at Bowman Road, which is a traffic calming device. He said now we are putting traffic calming devices on Coleman and what he is hearing is that we need to move traffic instead of slowing it down, because we have so much traffic now. He said the more it is slowed down, the more congested it gets. He said with the medians installed, there will be a number of U-turns at the lights and there is concern. Mr. O’Rourke said this is a great conversation, but it should have taken place prior to the plan being done. He said that he believes there are some serious ramifications to changing this plan that could go all the way up to and include losing funding for this project. Mr. Morrison said that this is an accurate statement. Mr. O’Rourke said his point is that changing the plan now could be disastrous from a financial standpoint, a time standpoint and especially if we have to start over. Ms. Landing stated that thinking back to the much older days of the Crosstown, she remembers it very well, because there were no medians or pretty landscaping. She said traffic moved very quickly and the potential for a head on collision was very high. She does not see how this will slow traffic down significantly, especially if there are bike lanes, and the sidewalks, which will be enhanced. She feels that it will flow more smoothly. Mr. Bustos said that the portion that concerns him is that this plan goes from 2006 until now and the Town has changed from that time of 45,000 residents to approximately 85,000 now. He said he does not see anything wrong with checking things to ensure that the Town is staying current with the needs of the Town, because traffic from Sullivan’s Island, Isle of Palms, Rifle Range Road, and all those areas that are now going to Coleman Boulevard need to be looked at. He said prior to doing this, he Page 44 of 59 believes that the Town should have the attorney review the contracts to see if any changes can be made. Mr. Bustos made a motion to ask the Town Attorneys to provide their opinion after their analysis of the contracts, because there has been a great deal of discussion regarding this, and then we send this to the Transportation Committee next month in December, and then ask the Transportation Committee to look at this and the written opinion and then come back and advise Council. He said that we all have things we would like to change, but need to temper all this with obviously what we have contractually and then what we have with the growth of the Town and the traffic and everything that has grown so much; seconded by Mr. O’Rourke. Mr. Owens stated that to address Mr. O’Rourke’s concerns about going back to the drawing board, this is not feasible for this Council, but if you are looking at incremental change orders, this is what he was referring to. He added that he has no desire to go back to the drawing board, but being able to go to the legal team to obtain advice as far as what can be done and have the Transportation Committee weigh in, he believes is a valuable opportunity. Mayor Haynie asked if this would be privileged attorney/client information, as it involves contractual matters and legal advice. Mr. Pagliarini stated that the way this can be handled at the Transportation Committee is whatever information is public, this discussion may take place and if Committee feels the need to go into executive session to discuss sensitive issues, this may also be done as well. He said the rest of Council may then receive that confidential information, because only Committee will be in executive session. Ms. Landing stated that one thing to add is because she lives in Dunes West and drives on Highway 41 every day, as well as Park West Boulevard, she wonders if there is more that can be Page 45 of 59 accomplished to inform the residents what the timetable is and what it will look like at completion. She said that if the Town can make the schematic so that the residents can get excited, then it will be easier to tolerate the aggravation. She said not knowing and wondering how long it will take, makes it difficult for residents. She said that Ms. Wolfe-Miller does a great job, but wondered if more can be done. Mr. DeMoura said that more can always be accomplished. He said that they have had recent public meetings, the website is available, and there is personnel in the field every day. He said the cross section, as planned, looks exactly like the cross section that is in front of Brookgreen. He said the one section is what Coleman will look like when complete. Mr. Owens stated that he would like to make part of the public Code of Laws, Title 8, Public Officers and Employees as part of the record. Page 46 of 59 All present voted in favor. Sarah Jacob, otherwise known as “Sally”, 1152 Village Creek Lane, Apt. 1, said that she moved here in 2010 and one of the charming things about the Town of Mount Pleasant is the median on Highway 17. She said that she has never seen Page 47 of 59 anything as lovely as this, as well as the tree buffers along the side of the market areas. She said that crossing US 17 without the median is a word she cannot describe. Sean Barnes, 1418 Barbra Street, thanked all for serving and the new Council members as well. He said that all the cars are coming down Center and McCants and it is like a highway. He understands that there is ongoing construction now, but when the medians are installed, it will not do anything but make McCants and Center Streets the new highways to the islands and Rifle Range Road. He said the cars drive fast on those neighborhood streets. He said you cannot run, ride your bicycle or even walk your dog. He said that he is out there every day and the cars go 45 mph and knows there are police officers out, but believes the trend is going to continue. He said that he believes the median is a death trap. He said that we do not have the hospitality like we used to here. He thanked Council for looking into this and hopes it will change. Dennis Blyth, Pelzer Drive, said that he has two thoughts about the medians. He said in front of Brookgreen or the Boulevard, there is a very nicely landscaped median and people are crossing the street into the median and stand in the median amongst the bushes and then step out into the lane when they cannot be seen. He said currently, there was an issue with the striping originally and the lane shift and fixed all safety concerns. He said late in the afternoon when the traffic is heaviest going west on Coleman Boulevard, the sun is directly in your eyes and it is impossible to see the lines that are striped on the road. He said that something else needs to be done during the construction phase to make certain that people do not have a head on collision. Kevin Cunnane, 3032 River Vista Way, said that people have approached him about what happens with fire protection on a raised median. He said that you basically send fire trucks from both directions when you have a raised median, because that is Page 48 of 59  your safety factor. He said that you are not going to operate across the median, because of all the risks that Mr. Blyth just mentioned, firefighters have it to, because people panic and a firefighter jumping across a median is suicide, so a full response has to be sent from both directions. He said that the issue in Mount Pleasant is that they do not have two full responses. He said that you cannot send the ladder from Dunes West over to Coleman to be the ladder coming from the other direction. He said that this is just another example of what he spoke about earlier. He said that if we want to be urban, we must have an urban fire department or you are putting people in danger, including the firefighters. 8. Consideration to allow Council Members to include additional Comprehensive Plan Forum Members from previously submitted applicants Mayor Haynie stated that this is on the agenda, because the new Council represents the latest choice of the voters for the Town of Mount Pleasant, and this is a citizens’ forum group. He said this group consists of 34 members, and the discussion is whether Council members wish to include, by some means, additional members. Mr. Owens said that he believes it is a good idea to be all inclusive and the selection would be out of the overall pool of 275 applicants that have already been established. He said this is a great opportunity, because there are a number of residents who are not represented and this would provide an opportunity to ensure they are. He stated that Park West, Darrel Creek and parts of Carolina Park are not represented and feels they have just as much right to representation as any other portion of Town. Mr. Owens said that he puts this in the form of a motion; seconded by Mr. Santos. Page 49 of 59 Mayor Haynie asked Mr. Owens to be more specific as to how many appointees and by what means. He asked Mr. Pagliarini if there is a mechanism by which Council members make individual appointments, or do Council members nominate people to the Mayor’s office as has been done with task forces. He said that instead of individuals who may be looked at as the representative of one particular Council member, it would come from Council through the Mayor’s office and those individuals would be appointed. Mr. Pagliarini stated that it could be accomplished either way. He said one of the prior discussions was two nominations per Council member would be brought to the Mayor for approval. Mayor Haynie asked if Council members had a preference. Mr. Owens added that prior Council members have appointed members of the Planning Committee in the past. He stated that the motion would include the ability for each Council member to appoint someone, if they so desire, including the Mayor. Mr. Santos stated that if we are looking at populating residents in the area that are not represented, Council would only be selecting those that live in that area. He said that Council members would not look at the whole group of 200+ applicants that are remaining, but those that live in that area. Mayor Haynie said that it is up to Mr. Owens, who made the motion. He said that he did not hear the motion restrict it geographically. Mr. Owens stated that it does not need to be restricted, but believes that there are Council members who live in the northern part of Town, who could make their recommendations through the pool of resources that is available and find representation. Mayor Haynie asked if Mr. Owens’ motion restricts the nominations to the pool of applicants that have already been vetted. Page 50 of 59 Mr. Owens responded in the affirmative. Mayor Haynie stated that there is a clarified motion and asked if there was a second. Mr. Santos stated that he seconded the motion as clarified. Ms. Whitley asked if this really is the role of Council to be selecting additional members of this Committee or would it be more the role of the Planning Commission to advise them that there is under representation in a particular geographic area and have them select two or three additional members. She remembers from a previous Town Council meeting the discussion of the Council wanting to stay out of this process, so as not be perceived as making political appointments to this committee. Mr. Owens stated that he does not see this as being political, but a responsibility of this Council to act on behalf of the citizens, particularly those that are unheard. Mr. Brimmer stated that this conversation was held a few months ago and he expressed his opinion, at that time, opposing this idea. He said this was an idea that was vetted by the Planning Committee and was unanimously supported that Council not play a role in the selection, and that it be resident driven as opposed to politically driven. He said the main reason for this was because in previous planning groups, Council did the appointing and one of the biggest complaints heard about prior comprehensive plans was that the perception was that Council stacked that group with residents that they wanted, so it was not resident-driven. He said the thinking was that this time, it would be resident driven and have Council not play a role and really hear what the residents have to say. He said that Planning Committee unanimously approved this and forwarded it Council and Council then unanimously approved the selection process, which was to divide the Town into different neighborhoods and have an equal representation of each neighborhood of Page 51 of 59 residents. He said that Town Council agreed and this was what was accomplished. He said that it wasn’t until the list came out that Council wanted to change it. He said that he is not sure what this means, but he also is not sure who is being under represented, because there are an equal number of representatives in each of the eight neighborhoods. He asked Council what problem they are attempting to solve. He said there was a process, there is equal representation of residents and is not sure what the problem is that Council is attempting to solve. He said that getting back to Council appointees is getting back to the old process that Council had before, which was criticized so heavily with Council having politics injecting itself to get the outcome Council wanted. He said Council was very clear earlier in that they did not want to take this road; however, somehow this changed. He said Page 52 of 59 there is equal representation now, there is a good process with a good list of members, and said that he will not be supporting anything that could potentially cause an imbalance. He asked what would happen if four Council members select another resident from the same neighborhood, there would be one neighborhood that is more heavily represented than the other seven. He said he cannot support anything that has the possibility of creating imbalance, because every neighborhood deserves equal representation. Mr. Santos stated that this is what he is attempting to accomplish, because if you look at the map, the people in the northern end, which is the fastest growing area of the Town with the most residents, does not have any representation. He said there are two individuals representing the northern end; however, they are not Town residents, but County residents. He said that he does not have an issue going through the Planning Commission to add individuals, because they appointed the initial members. He added that the residents who applied from that area should be looked at first. Mr. Brimmer stated that he would disagree with Mr. Santos, because the methodology for selecting was that eight neighborhoods were created based on equal population, so that neighborhood that Mr. Santos is referring to has similar population to every other neighborhood and has an equal number of representatives on the forum. He said that they may not live in Park West or Dunes West, per se, but they are in that neighborhood area, just as every other area, so there is equal representation among all eight neighborhoods at this point. Mr. Santos stated that there are two people that represent the most citizens in the Town in the fastest growing area and they are not residents of the Town; therefore, there is no representation of Mount Pleasant citizens in the fastest growing and largest area of the Town. He believes that this is what Mr. Owens may be attempting to accomplish. Page 53 of 59 Mayor Haynie stated that the motion does not restrict it to this; however, it can be an outcome. Mr. Owens stated that the motion also does not require a Council member to appoint anyone to the forum if they choose not to. Mr. Brimmer stated that for clarification, asked Ms. Farrell to verify the methodology that each of these neighborhoods on the map do have equal representation, or do not, in terms of numbers. He said that he was under the impression that there were equal numbers from each of the eight neighborhoods. Ms. Farrell stated that Mr. Brimmer is correct as there are approximately four individuals from each of the eight neighborhoods and those eight neighborhoods are not a specific neighborhood, but geographically mapped out to have approximately 10,000 people each. Mr. Brimmer stated that this is his concern, that if Council begins to appoint, that a neighborhood or two would have disproportionate representation depending on the will of each individual member. He said that this is his main objection. Mr. Bustos stated that his feeling on this is the more people that are involved, the better it will be. He said that it is not his habit to offer names on any board or commission; however, he does believe to have as many people involved as possible. He said he does not know anyone who would walk in and say he is representing Joe Bustos on this board. He said, ultimately, it comes to this Council for final approval. He said he is in favor of having more people involved in the process and does not think they will represent Council members as individuals. He agrees that the individuals that have already been vetted through the Planning Commission process, but not selected, should be utilized. Dan Martin, 607 Fisherman’s Bend, stated that on November 7th, the Town elected new Council members and a new Mayor, Page 54 of 59 and believes that it is the responsibility of Council to appoint. He said that the citizens elected Mayor and Council to make this decision and this is where he stands on this issue. He said that secondly, Mayor Haynie resigned as a Council member, effective this evening, so the new election is scheduled for February 13, 2018 and the filing for the unexpired Council seat will open from December 1, 2017 to December 11, 2017. Pat Sullivan, 1002 Plantation Court, said that she sent a letter to all Council members this afternoon. She said the letter indicates that Council asked the Planning Commission to come up with a methodology. She said that the Planning Commission came back and advised Council that it would be the Planning Commission making the decision. She added that the publicity for this was wonderful with 275 applicants. She said on the June 29th Planning Committee meeting, this methodology was presented and they voted unanimously to accept the Planning Commission’s methodology and to keep politics out of the process. She said at the July 11th Town Council meeting, they voted unanimously with discussion to keep politics out of this process and to be citizen driven, not Council making the choices. She said during this Council meeting, then Council member Haynie asked how many members would be on the forum and was advised 20 to 30 individuals. She said if you look at the list that is broken out by the eight districts, there is very good representation. She believes that it should go back to the Planning Commission not Council. Mr. O’Rourke stated that he is unsure how he will vote, because he does not think it matters, because he has done these. He said the consultant is going to submit something to Council that they believe will receive a favorable vote. He said he hears, “keep politics out”; however, at the end of the day, if Council is not in favor, it will not get passed. He said that politics are a part of this process. He said that he believes more representation is great and wished that all those that applied and did not get selected, Page 55 of 59 formed three focus groups with just them and the consultant to get more and more input. He said that he believes that everyone wants this to be that type of plan, so he does not believe it makes a difference if nine more members are added. Mr. Santos asked for the motion to be restated. Mr. Owens said that he would restate it as best as he is able. Mr. Owens made a motion to allow each Council member an opportunity to select an additional member that is pulled from the existing pool of applicants that was selected by the Planning Commission, as an additional appointee. He said that this is not reflective of each Council member and each Council member does not have to select anyone, but it needs to be all inclusive; seconded by Mr. Santos. Mr. DeMoura asked for more details as to when this is to be submitted to Council in order to bring the new individuals up to speed as quickly as possible. Mr. Owens asked when the next Comprehensive Planning Forum will be held. Mr. DeMoura stated that it is scheduled for December 5, 2017. Mr. Owens asked if Council members are able to make their selections by this Friday, November 17, 2017 and if this would provide staff enough time to bring the new members up to speed. Mr. O’Rouke said that if he is able to obtain a copy of those individuals they need to select from and what geographical areas they represent, this would be very helpful in their selection. Mayor Haynie suggested Council making their selection by Monday, November 20th. Ms. Whitley stated that if Council is now independently selecting an individual and there is no geographical restriction, she is concerned that there will be more imbalance by the addition of Page 56 of 59  nine new members. She stated that she likely will not nominate an individual and would prefer the motion be amended to limit the submission to two individuals from the region that Council feels is under represented and have that be it. She said once you begin cherry picking, there will be an imbalance. Mr. Owens stated that he does not wish to amend the motion; however, he would recommend from the newly elected and current Council members that live in the northern areas of Town, to weigh heavily in that area and by having an open opportunity for to select or not select anyone, but wanted to include everyone and believes those Council members that live in the northern portion of the Town will do a very good job when selecting representation in that area. Ms. Landing pointed out that there are currently only eight members of Town Council. Mr. Bustos, Ms. Landing, Mr. O’Rourke, Mr. Owens, Mr. Santos and Mayor Haynie were in favor. Ms. Whitley and Mr. Brimmer were opposed. Motion carries 6-2. B. Old Business Final Reading: An Ordinance to create a Master Bond Ordinance establishing terms and conditions and other matters relating thereto prior to the issuance and sale of any Stormwater Utility System Revenue Bonds of the Town of Mount Pleasant, South Carolina. (Ord. No.17057) Mr. Bustos moved for final reading; seconded by Mr. Owens. All present voted in favor. Mr. DeMoura read FINAL READING BY TITLE ONLY. This Ordinance SIGNED, SEALED and DELIVERED this date. Mr. Brimmer stated that he appreciates Mayor Haynie rotating the voting order so that everyone is afforded the opportunity to be the first or last called when voting. C. Executive Session Page 57 of 59  Mayor Haynie stated that these are personnel issues as indicated on the agenda. Mr. Brimmer moved to adjourn into executive session; seconded by Mr. Bustos. All present voted in favor. Council adjourned into executive session at 8:44 p.m., and reconvened at 8:55 p.m. Mayor Haynie stated that no action was taken during executive session. Personnel a. Appointment to Accommodations Tax Advisory Committee Ms. Landing moved to reappoint Ms. Laurie Bixler, who current holds seat #7 who does seek reappointment; seconded by Mr. Santos. All present voted in favor. b. Appointment to the Planning Commission c. Appointments to the Construction Board of Adjustments Ms. Whitley moved to appoint Mr. Jim V. Jones to seat #4 on the Construction Board of Adjustments; seconded by Mr. Santos. All present voted in favor. D. Post Executive Session Council may take action on any item listed on an executive session agenda or discussed in an executive session during a properly noticed meeting. Mayor Haynie stated that it has been a privilege to have been sworn in with newly elected Council members this evening and senses some real teamwork with this Council. He added that he looks forward to working with each of them. Page 58 of 59 XII. ADJOURN There being no further business, Council adjourned at 8:56 p.m. Respectfully submitted, Barbara Ashe November 14, 2017 Page 59 of 59