A - Town Council Meetings

MOUNT PLEASANT TOWN COUNCIL TOWN COUNCIL MEETING Tuesday, May 14, 2019, 6:00 p.m. Municipal Complex, Council Chambers 100 Ann Edwards Lane Mount Pleasant, SC 29464 MINUTES Mayor Haynie called the Town Council Meeting to order at 6:00 p.m. Council Members Bob Brimmer, Joe Bustos, Kevin Cunnane, Kathy Landing, Tom O’Rourke, Jim Owens, Gary Santos and Guang Ming Whitley were present. I. PRAYER Chaplain Scarlett Bostick led Council in prayer. II. PLEDGE Mayor Pro Tempore, Gary Santos, led Council in the Pledge of Allegiance. III. APPROVAL OF AGENDA Mr. Santos moved for approval of the agenda; seconded by Ms. Landing. All present voted in favor. IV. PUBLIC HEARINGS, AWARDS & PRESENTATIONS A. Safe Boating Week Proclamation Mayor Haynie and Town Council members proclaimed May 18 – May 24, 2019 Safe Boating Week. Receiving the proclamation from the US Coast Guard were Commander Beck, Ensign Reger and US Coast Guard Auxiliary, Walter Runck. B. Mayday Proclamation recognizing Police, Fire and Public Services  Mayor Haynie and Town Council members presented the Mayday Proclamation to Police Chief, Carl Ritchie; Fire Chief, Mike Mixon; and Public Services Director Jody Peele, proclaiming the month of May 2019 as Mayday in appreciation and recognition of the service given by the men and women who, night and day, protect our citizens, safeguard our streets and waterways and facilitate our most basic needs. C. Longevity Awards Mayor Haynie, Town Council and Town Administrator, Eric DeMoura recognized Police Chief Carl Ritchie for 30 years of service to the Town of Mount Pleasant. V. APPROVAL OF MINUTES FROM THE APRIL 9, 2019 TOWN COUNCIL MEETING AND THE APRIL 2019 FINANCIAL STATEMENT. Mr. Santos moved for approval; seconded by Mr. Owens. All present voted in favor. VI. PUBLIC COMMENT Mark Smith, Mount Pleasant, stated that he is the current chairman of the Department on Aging Advisory Committee for the State of South Carolina. He said last year the General Assembly made the wise decision to create and move the Lt. Governor’s Office on Aging into a full blown cabinet level agency reporting directly to the Governor of South Carolina. He stated that he will not go into detail about the strain this will have on the services and capacity as we have aging-in- place issues. He said that two weeks ago they had the good fortune of having their first public hearing and knowing that Mount Pleasant is a two-time All American City winner, we do it right in this Town. He said Mount Pleasant Police Chief, Carl Ritchie was one of the members who spoke out of the 21 members and testified at the hearing. He said that Mount Pleasant continues to be the beacon in the night across the state. He said he is here to publicly thank Police Chief Carl Ritchie and Council for their good work. Wendy Bauerschmidt, 1320 Woodlake Court, thanked Town Council for their support of their work at Housing For All Mount Pleasant and Page 2 of 39 attainable and workforce housing, as well as understanding how important it is to our community. She would like to acknowledge Councilwoman Whitley for attending the Nehemiah Action Assembly and speaking out in support of attainable housing. She would like to encourage all Council members to follow Ms. Whitley’s lead. Katherine “Cassie” Nagel, 1653 Seewee Fort Road; Stephanie Shahid, 1640 Omni Boulevard, Mount Pleasant; Joanne Jones, 1806 Tennyson Row, Mount Pleasant; Janet Zimmer, 129 Cooper River Drive, Mount Pleasant; Karen Metzler, 428 Palm Street, Mount Pleasant; Reed Sugg, 1132 Fulton Hall Lane, Mount Pleasant; Patricia Budd, 469 Antebellum Lane, Mount Pleasant were opposed to Council supporting an ERA Resolution. David Halsey, 917 Tall Pine Road, Mount Pleasant; Eugenia Felsinger, Creekside, Mount Pleasant; Cheryl Pitts, 65 Saturday Road, Mount Pleasant; Joan Zaleski, 179 Pondsbury Road, Mount Pleasant; Becky Van Wie, 270 North Shelmore Blvd., Mount Pleasant; Deborah Bedell, 170 East Shipyard Road, Mount Pleasant; Barbara Fry, 28 Mobile Street, Mount Pleasant; Anne Register, 270 North Shelmore Blvd, Mount Pleasant, Barbara Griffin, 1282 Hidden Lakes Drive, Mount Pleasant and co-president of the non-partisan League of Women Voters of the Charleston Area; Kelly Gorby, 176 Revolution Drive, Mount Pleasant; Bennett Skinner, 679 Gate Post Drive, Mount Pleasant; Christine Shaffer, 16 Vincent Drive, Mount Pleasant; Patricia McCormack; 24 Pearl Avenue, Mount Pleasant; Rachel Donoho, 356 Plantation View Lane, Mount Pleasant; Pat Wallman, 1136 Audubon Place, Mount Pleasant, representing the South Carolina American Association of University of Women – South Carolina and Charleston County branches; Dr. Elaine Worzala, a professor at the College of Charleston and lives at 146 Cooper River Drive, all asked Council to vote in favor of the Resolution to support South Carolina’s ratifying the ERA. Cynthia Tarvin, 337 Seewee Circle, Mount Pleasant, stated that she is in support of the Town purchasing the entire Wando Dock property as a way to protect and preserve the fishing community. Page 3 of 39 Randy Friedman, 100 Haddrell Street, stated that he is the owner of the house next to the Wando Dock property. He stated that Shem Creek is many things to many people; it is an idea that begins with the shrimp and seafood fleet. He stated that the Army Corps of Engineers is not willing to acknowledge the danger of dumping dredged material too close to the shores. Restoring the rookery on Crab Bank is meritorious, but very dangerous. He asked Town Council to fight to have the material dumped where the Town’s experts have told them it is safe to dump. John Cecil Evans, Jr., 15 Vincent Drive, Mount Pleasant, stated that he is a lifelong resident of the Town. He added that his son is a firefighter/EMT with the Town and he has had the opportunity to visit the various stations around Town. He stated that he would like to thank Council, as over the past several months, Council has had to vote on two issues that are designated towards the firefighters in this community. Those are to meet the minimum standards in manning and to support the Fireman’s Cancer program. He stated that he knows this was not unanimous, but thanked Council for at least stepping forward and realizing that the men and women of the Fire Department are very important. He would like to personally thank Councilman Cunnane for championing these two issues. Jimmy Bagwell, 41 Vincent Drive, Mount Pleasant, stated that he, too, is a lifelong resident and would like to address the Crab Bank renourishment. He said there are several present, who petitioned not only the restaurant owners and fishermen, but anyone working on Shem Creek. He said the petition presented to the Mayor has approximately 60+ signatures, all who derive their livelihood from Shem Creek. They are very concerned about the renourishment of Shem Creek. They are in favor of Crab Bank being a rookery, but do not need the Corps of Engineers to dump 600,000 to 800,000 cubic yards of silt and sand in the position that Crab Bank is in now. He stated that the Town spent approximately $100,000 to have a world renowned marine engineering firm study this issue and they suggested and recommended that the position of the dredged material dumped Page 4 of 39 should be at least 1,100 feet farther south than what the Corps of Engineers is recommending. He stated that Council needs to insist that the Corps of Engineers move the relocation to the area that it was originally in that the ATM recommended. Zachary Moore, Mount Pleasant resident, stated that he is here to talk about dogs, corporations and freedom with regard to regulating short- term rentals. Dogs: Many short term rentals allow dogs and because of this, short-term rentals enhance the welfare of man’s best friend and increase revenue in the local economy, because visitors are able to extend their stays. A vote for regulating short-term rentals is a vote against man’s best friend. Corporations: He does not see many people demanding that short term rentals be regulated but sees hotels all over Town that would be exempt from these regulations. The hotels and their corporations are the only ones that stand to benefit from short term regulations, because they eliminate the competition. Corporations only become monopolistic with the aid of government which is what the short term regulations would do. A vote for regulating short term rentals is a vote for corporations. Freedom: Operating a short term rental already requires that you pay a multitude of taxes. He asked at what point does he own his property. He asked Council what gives them the right to further regulate agreements between individuals. The requirement to have a permit is taking his freedom away and selling it back to him for a fee. He asked if this is America and if so, where is the freedom. A vote for regulating short term rentals is a vote against freedom. He asked Council to withdraw the request to the Planning Commission to create these regulations. Barry Wolff, 1468 Pocahontas Street, Mount Pleasant, stated that he would like to thank Police Chief Carl Ritchie and added that Chief Ritchie personifies everything that is good about this Town. He said seven months ago, he stood before Council and asked them to put petty politics, egos and in-battles, aside and do the Town’s business. He said several on the dais have not done this. He said that Council has not gone to work and have things to be done and issues that must Page 5 of 39 be addressed as a Town. He said unless Council comes together and becomes one body for the people, it is not going to happen. He is a Vice President and General Manager of a company and they had a consultant come in to decide what can be done to make them better. He said at the end of the day, they discovered that “if you cannot change people….change people”. He said Council needs to be a more transparent body and must do the citizen’s work and cannot allow petty stuff to get in the way of doing so. George Freeman, 1450 Bowman Road, Mount Pleasant, stated that he is the Director of Community Activities for CAGE (Community Action Group for Encouragement) and is here to speak on Transportation. He said a developer came to the CAGE organization and asked for their support in order to encourage the community to support his effort in the Six Mile community. He worked with the developer in support of that project and what they wanted most from that project in order to approve it was to have a circle on Rifle Range Road with four sides; the fourth side leading to Highway 17 away from the subdivision, so that the traffic from this new proposed subdivision, Liberty Hill Farms, would not be required to cut through the Six Mile community. He said currently Rifle Range Road is used as a cut-through. He stated that if this development comes online and cuts through the Six Mile community, it will create an issue at the intersection of Six Mile and Rifle Range Road. He said they fought for a traffic light at that location because of the situation that was occurring in that community. They do not want to see a situation where the Town comes back and says it must be a major intersection to accommodate the traffic. He said the citizens went along with the development of Liberty Hill Farms because there was an agreement that the fourth side of the circle would exist to keep that traffic from coming back through the Six Mile community. If that fourth side is not added, that traffic will come back through the Six Mile community. He does not believe that the Six Mile community should be a cut-through for other subdivisions. Mike Tinkey, 208 Venning Street, Mount Pleasant, stated that he would like to comment on three items. (1) He would like to urge the Page 6 of 39 Town to purchase the Wando Dock and help protect the quality of life; (2) He would like to voice support of the recommendations relative to Crab Bank to have it go back to the way it originally was to protect it from being silted in; (3) He would like to encourage Town Council to support the ERA. Carol Hallman, 2352 Parsonage Woods Lane, Mount Pleasant, stated that she is here on behalf of the Mount Pleasant Community Arts Center and the Mount Pleasant Arts Community at large to urge Council to carefully consider ways to increase support of the arts. She stated that a study was commissioned on the status of the arts in Mount Pleasant and concluded that (1) the Town’s arts community consisted of professional and nonprofessional practitioners of all major art forms; (2) the Town’s artists are dissatisfied with the ways in which the town supports the arts; (3) among residents, there is a high level of interest in arts programming and residents would like more opportunities to engage in the arts in their immediate community. The report recommended two ways in which the Town should facilitate arts development. (1) Through shared leadership; and (2) by partnering with private entities to create adequate facilities, which do not exist in the Town. She said this is not the first time the Town has commissioned an analysis of the arts, as in 2011, $40,000 was spent on a study done by the Whitaker Group. She believes nothing was ever done with that study. She does not want the Riley report to suffer a similar fate. She stated that members of the Arts Community stand ready and willing to partner with the Town to craft practical strategies to strengthen the arts. Denis Blythe, 610 Pelzer Drive, Mount Pleasant, thanked Police Chief Carl Ritchie for his service as well as Council. He said in reference to Shem Creek, the Corps of Engineers’ dredging that occurs every ten years will no longer happen without the commercial justification of the Town’s shrimping and fishing industry. He said if we lose that industry, the Town will lose the dredging and Shem Creek will fill in. He added that in regards to the placement of the fill at Crab Bank, he supports the Town’s consultants and their findings. He recently came Page 7 of 39  across a chart in a US Coast Guard report from the Coast Guard Station on Folly Beach. The chart of the Harbor was dated 1949. He said Hog Island Channel from the mouth of Shem Creek to Folly Island Channel, which is the main channel in the harbor that is the area of concern, only has approximately two feet of water and had anywhere from ten to eighteen feet natural without dredging at all. He said today it is much worse than it was then and it is because the fill has migrated north from the existing Crab Bank. He stated that we need the rookery, which is very important, but asked to put it where it is not going to ruin our commercial industry in Shem Creek. Pat Sullivan, 1002 Plantation Court, Mount Pleasant, stated that she would like to address Council about Section 8.A.1 which is Planning New Business. The Planning Committee has already heard her speak on this and she is speaking for those who are not on the Planning Committee. It is a request for a rezoning from Community Conservation to R2. She said this is property on Theodore Road in the Ten Mile community, which is a rural area. She said the developer wishes to switch from what the comprehensive plan says, including the future comprehensive plan. The Planning Commission and the Planning Committee unanimously voted to deny, and she is asking Council to also deny this. VII. CONSENT AGENDA ITEMS Mr. Brimmer moved for approval of consent agenda items A through I; seconded by Mr. O’Rourke. All present voted to approve. Motion carries 9-0. Mr. DeMoura stated that this confirms Final Reading of all items listed under Section VII, Consent Agenda. A. Final Reading: An Ordinance providing for a Third Amendment to the Planned Development Mixed Use Suburban-Urban District Ordinance (Ordinance 12034) pertaining to an approximately 26.58 acre tract of land within the project known as Bridgeside II. (Ord. No. 19019) Page 8 of 39 B. Final Reading: An Ordinance providing for the annexation of an approximately 0.63 acre tract of land located at 2237 Highway 17 North and depicted as Lot 1 in Plat Book L12, Page 0020, Charleston County ROD. (Ord. No. 19024) C. Final Reading: An Ordinance to zone AB-2, Areawide Business-2 District, an approximately 0.63 acre tract of land located at 2237 North Highway 17 and depicted in Plat Book L12, Page 0220, Charleston County ROD. (Ord. No. 19025) D. Final Reading: An Ordinance to amend Chapter 156, Zoning Code, by simplifying existing sections of Tree Ordinance (156.225) for the public and those administering the guidelines in the context of Single-Family new construction. Proposed changes will serve to make review process for new Single-Family Stormwater Management and Tree Preservation Permit more efficient and will apply equal and consistent administration of Ordinance throughout Town. (Ord. No. 19026) E. Final Reading: An Ordinance to amend Sub-Paragraph (B)(1) of Section 156.225, provisions for tree removal of Chapter 156, Zoning Code, of the Mount Pleasant Code of Ordinances establishing a reference to the design standards of Section 155.048 of Chapter 155, Land Development Regulations, pertaining to the installation of replacement trees in the public right-of-way. (Ord. No. 19028) F. Final Reading: An Ordinance to amend the Town of Mount Pleasant Code of Ordinances, Chapter 155, Land Development Regulations, Paragraph (F), Design Standards of Section 155.048, Streets, by adding a new Sub-Paragraph (21) there to, establishing design standards for the location and installation of street trees. (Ord. No. 19029) G. Final Reading: Ordinance authorizing the issuance of a not exceeding $7,000,000 Waterworks and Sewer System Revenue Parity Bond, Series 2019A of the Town of Mount Pleasant, South Carolina. (Ord. No. 19032) Page 9 of 39  H. Final Reading: An Ordinance authorizing and approving a Grant of Easement to South Carolina Electric & Gas Company along Mathis Ferry Road for underground power lines. (Ord. No. 19033) I. Final Reading: An Ordinance to amend Chapter 36, Section 36.22, of the Mount Pleasant Code of Ordinances, to change the method of elections from Runoff to plurality. (Ord. No.19034) VIII. PLANNING – Mr. Ulma Planning Committee Minutes Planning Commission Minutes A. NEW BUSINESS 1. First Reading: An Ordinance to rezone from CC, Community Conservation District, to R-2, Low Density Residential District, an approximately 1.86 acre tract of land comprised of six parcels located on Theodore Road, depicted in Plat Book L18, Page 0517, Charleston County ROD. (Ord. No. 19035) Mr. Bustos moved to deny; seconded by Ms. Whitley. All present voted in favor. Motion carries 9-0. 2. First Reading: An Ordinance to rezone from PD-MU-SU, Planned Development-Mixed Use Suburban-Urban District, to AB, Areawide Business District, an approximately 0.67 acre tract of land located at 1081 Johnnie Dodds Boulevard, depicted in Plat Book EC, Page 231, Charleston County ROD. Property to remain in the BOD, Boulevard Overlay District. (Ord. No. 19036) Mr. Bustos moved for approval; seconded by Mr. Brimmer. All present voted in favor. Motion carries 9-0. 3. First Reading: An Ordinance to remove from the BOD, Boulevard Overlay District, an approximately 0.91 acre tract of land comprised of two parcels and located at 860 and 862 Page 10 of 39  Coleman Boulevard, depicted in Plat Book F, Page 127, Charleston County ROD. Property to maintain underlying AB, Areawide Business District Zoning. (Ord. No. 19037) Mr. Brimmer moved to deny; seconded by Mr. Santos. Giles Branch, stated that he missed the subcommittee meeting so believes he needs to clarify as to why he is pulling out of the Boulevard Overlay, because it is a great overlay district. He said the nature of this is not to turn their backs on what the overlay has created and believes they can work within the overlay to achieve putting a much needed use on Coleman Boulevard. He said a new car wash would be nice, which is their direct intent. He stated that it is to allow development to a site for a specific use. He said the way the overlay is written with 60% ground floor coverage, it eliminates a carwash and does not believe this was the intent. All present voted in favor of denial. Motion carries 9-0. 4. First Reading: An Ordinance providing for the annexation of an approximately 2.03 acre tract of land comprised of four parcels located at 415 and 423 West Coleman Blvd. and 2 Broadway Street, depicted as Lots B and C in Plat Book AL, Page 44, Lot X in Plat Book BX, Page 80 and Lot A-1 in Plat Book DC, Page 490, all recorded by the Charleston County ROD Office. (Ord. No. 19038) Mr. Ulma stated that items #4, #5, and #6 deal with an annexation request, a zoning request for initial zoning as part of the annexation and a rezoning request of two parcels and an amendment to the Town’s height plan map. Mr. Bustos moved for first reading of the annexation; seconded by Mr. Brimmer. All present voted in favor. Motion carries 9-0. 5. First Reading: An Ordinance to zone AB-2, Areawide Business-2 District, an approximately 2.03 acre tract of land comprised of four parcels, and to rezone from AB, Areawide Business District, to AB-2 Areawide Business-2 District, an approximately 0.70 acre Page 11 of 39 tract of land comprised of two parcels, all located between Coleman Boulevard and Broadway Street and depicted in Plat Book G, Page 074, Book DC, Page 490 and Book EG, Page 209, Charleston County ROD. (Ord. No. 19039) Mr. Ulma stated that this item is to rezone property to AB2 Areawide Business. He stated that this is Peach Orchard Plaza and surrounding properties. He stated that it is considered an island or a “donut hole” within corporate limits of the Town of Mount Pleasant. He stated that the applicants are interested in doing a mix of uses on this property and need a variety of Council’s approvals and considerations for the annexation, zoning and the one that has been considered the most, deals with the height of the buildings that they are interested in pursuing. He stated that the original request was to amend the height plan map from 45 feet to 60 feet across the entire property. He said the applicants are interested in being able to step back a building and be able to have it lower in the front on Coleman and then go up to a taller height as it moves back towards Broadway. He said their original request was a flat height limit of 60 feet across the property but they are more interested in refining that and making it clear to the community and Council, what their intentions are. At the request of the Planning Committee, staff met with the applicants last week and believe they have come up with a better solution on the height limit. He said instead of amending the broad general height map we can go in and propose a text amendment to this particular area within the Coleman Boulevard Overlay. He said this overlay covers a considerable distance, but various sub areas are identified for uses, for heights and setbacks in similar development standards. He stated that within this district sub area, they could work with the applicants and define the height limits that they are interested in in order to give comfort and assurance that the building or buildings would not be 60 feet across the entire property. He stated that this was an issue with the Planning Commission. He stated that Council may defer all Page 12 of 39 the items, act on some of them and believes the applicants are interested in Council acting on first reading of the annexation, acting on first reading of the zoning request to AB2 and then deferring the request to amend the height limit map and wait for staff to work together with the applicant with a zoning code amendment that would fill in the particular issue dealing with heights. Mayor Haynie thanked the applicants for working with the Town instead of building storage units. Rusty Bennett, stated that they had a meeting with Town staff last week. He stated that he never intended to build a 60 foot building and was required to ask for that height because of the sloping nature of their site and the way it is measured. He stated that their promise to the Town is that they are going to build three stories at 45 feet on Coleman Boulevard and it steps back 40 feet and goes up to 55 feet as measured from Coleman Boulevard. He said this puts this property in the Town and gives the Town architectural control of the building, provides impact fees up front, continual property taxes forever and provides the retail anchored activity zone which the overlay district calls for. He stated that it is a win-win for everyone. He stated that they would like to go ahead with the annexation and zoning and allow staff to deal with the height with the methodology he just explained, defer and come back and get everything passed together in a few months. Mr. Bustos stated that this was a project that the Planning Committee discussed at length and came to an agreement on the height. Because of the topography of that section of ground, it goes down towards Broadway, so it throws the height off. Mr. Bustos made a motion to approve first reading of item #5 which is the zoning; seconded by Mr. O’Rourke. Mr. Owens stated that the rezoning was denied by the Planning Commission by 7-0 which was due to the height. Page 13 of 39  Mr. Ulma responded in the affirmative. He stated on the zoning request for the AB2, the commercial designation, it was a closer vote of 4-3. He said the issue that the Planning Commission debated was this as described by Mr. Bennett and Mr. Bustos dealing with the height aspect. He stated that the request to AB2 was 4-3. Mr. Owens stated that he would like to see the language changed to reflect what we are looking at. He said in Item #6, we are considering 60 feet and realizes that Mr. Bennett does not want the 60 feet, but the language is still there. He suggested bringing it back next month with the accurate language. He is reluctant about agreeing or approving this item. Mr. Bennett stated that they are requesting deferral of item #6. Mr. Ulma stated that item #5 is the base zoning to AB2 and the motion in #5 only focuses on this. Ms. Landing thanked the partners for taking the time and perseverance. This is a perfect example of how the Town is open for business and how they want to work together to encourage great businesses to serve the Town citizens. All present voted in favor to rezone. Motion carries 9-0. 6. First Reading: An Ordinance to amend the Building Height Plan Map by increasing the maximum building height on the subject properties to 60 feet. Applies to an approximately 2.73 acre tract of land comprised of six parcels, all located between Coleman Boulevard and Broadway Street and depicted in Plat Book G, Page 074, Book DC, Page 490 and Book EG, Page 209, Charleston County ROD. (Ord. No. 19043) Mr. Santos moved to defer; seconded by Mr. Brimmer. All present voted in favor. Motion carries 9-0. B. OLD BUSINESS Page 14 of 39  1. Final Reading: An Ordinance to amend Paragraph (C), Table of Bufferyard Requirements, of Section 156.201, Buffer yards, of Chapter 156, Zoning Code, of the Mount Pleasant Code of Ordinances pertaining to Bufferyard requirements located between A.) The Duplex/Townhouse Land Use category and existing adjacent land uses, and between B.) The Multi-Family or Group Dwelling Land Use category and existing Adjacent Land Uses. (Ord. No. 19027) Mr. Brimmer moved for approval; seconded by Mr. Bustos. All present voted in favor. Motion carries 9-0. This Ordinance SIGNED, SEALED and DELIVERED this date. 2. Final Reading: An Ordinance providing for the annexation of an approximately 2.00 acre tract of land located at 1197 Porchers Bluff Road and depicted in Plat Book AO, Page 91 Charleston County ROD. (Ord. No. 19018) Mr. Ulma stated that this is for information only, as the applicant has asked to withdraw this annexation request. Mr. Brimmer moved to approve the withdrawal request; seconded by Mr. Bustos. All present voted in favor. Motion carried 9-0. IX. COMMITTEE ACTION ITEMS A. Accommodations Tax Advisory Committee Funding Requests from FY 2019/2020 Special Projects Accommodations Tax Funds The Committee met to make recommendations for (5) funding requests for which the Committee received applications. The current balance available is $150,000. Council has received a summary of the requests and the Accommodations Tax Advisory Committee’s recommendation for funding (4) requests totaling $22,000. If Council accepts the Committee’s recommendations, this will leave a $2,800 balance. Page 15 of 39  United Soccer Academy Charleston Select Men’s Shootout ($1,000)  United Soccer Academy Charleston Select Women’s Shootout ($1,000)  Southcoast Symphony Orchestra Marketing of Fall Concerts ($7,500)  Park Pleasantly/Play Downtown ($0)  47th Scottish Games and Highland Gathering ($12,500) Mr. O’Rourke made a motion to approve the recommendations; seconded by Mr. Cunnane. All present voted in favor. Motion carries 9-0. Page 16 of 39  B. Finance Committee Mr. O’Rourke stated that the recommendation is to accept the South Carolina Department of Parks, Recreation and Tourism Grant. The Town has been awarded the South Carolina Department of Parks, Recreation and Tourism (SCPRT) Grant in the amount of $100,000 for the Rifle Range Road Recreation Park trailhead project. The Finance Committee unanimously recommended acceptance of this grant. Mr. O’Rourke moved that Council accept the SCPRT Grant in the amount of $100,000; seconded by Mr. Santos. All present voted in favor. Motion carries 9-0. X. COUNCIL BUSINESS A. New Business 1. First Reading: An Ordinance authorizing and approving a Grant of Perpetual Easement and Title to Water and Wastewater Systems and Grants of Easement to the Mount Pleasant Waterworks, relative to the Carolina Park Sports Complex. (Ord. No.19040) Mr. Bustos moved for first reading; seconded by Mr. Santos. All present voted in favor. Motion carries 9-0. Page 17 of 39 2. First Reading: An Ordinance to amend Code of Ordinances Sections 30.35(B) (Former Section 30.34(B)) related to placing matters on Council Agendas. (Ord. No. 19041) Mr. DeMoura stated that this item came to the Police Legal and Judicial Committee of Town Council where it appeared and was discussed. He stated that we must attempt to get every matter on committees. He stated that if it is not heard by a committee or not the outcome a Council member desires, they may still bring it to Town Council for action. They must, however, attempt to go to committee first. Mayor Haynie stated that there is also an exemption if the item is time-sensitive. Mr. O’Rourke asked who decides the exemption. Mayor Haynie stated that he believes it was the intention of the committee that the Council members themselves would place it on the agenda due to an urgency of time. Ms. Whitley stated that in Committee what she was concerned about with the language is that it was not clear that if something fails in Committee, that the Council member still has the right to place it on the Council agenda. She asked that this be clarified and does not see the clarification. She stated that she would like for this issue to be clarified. Page 18 of 39  Mayor Haynie stated that this was the intent of the Committee. He asked if this provision can be made upon including that language. Ms. Whitley agreed. Mayor Haynie made a motion to include this language, as stated; seconded by Mr. Bustos. Mr. Cunnane stated that he opposes this change, because it creates a hierarchy of Council members that does not align with the law that creates the Council. He said one Council member that is not a chairperson of any committee will be required to be beholden to others to place something on an agenda. He said he has had cooperation from the Fire Committee Chair but does not know if he will have that in the future. He stated that everyone is equal on Council. Mr. Brimmer stated that an amendment cannot be made at first reading. Mayor Haynie stated that this would be approved as stated and the amendment would be required prior to final reading. Mr. Cunnane was opposed. All others voted in favor. Motion carries 8-1. 3. Adoption: A Resolution urging the State General Assembly to support the passage of the Equal Rights Amendment. (R.19042) Ms. Landing stated that she would like to make a motion for objection to the consideration of the question (Section 26 of Roberts Rules of Order). Mayor Haynie read Section 26 “Objection to consideration of a question”. He stated that as the Chair and having been given that motion which is also required to occur before any discussion begins, he must conduct a vote on an objection to consideration of the question. He stated that a yes vote is to agree to not consider the question. He stated that the motion is an objection. He stated that a yes vote means that Council Page 19 of 39 considers not considering this question and there is no vote on the underlying question. He stated that this is not a vote on the underlying question, but whether it can be considered. Ms. Landing, Mr. Santos, Mr. Bustos and Mayor Haynie were in favor. Mr. O’Rourke, Mr. Owens, Ms. Whitley and Mr. Cunnane were opposed. Mr. Brimmer abstained. Motion fails with a 4-4 vote with one abstention. Mayor Haynie stated that this will now move to discussion of item #3. Ms. Whitley stated that equality is not and should not be a partisan issue. The idea that men and women are created equal and should be treated equally under the law is fundamental. This statement should not be controversial in the Town of Mount Pleasant. Ms. Whitley moved to approve the resolution; seconded by Mr. Owens. Ms. Landing stated that the issue before us is not one that Mount Pleasant Town Council should be addressing. As has been clearly demonstrated this constitutional amendment has been a highly debated one for decades for many reasons and our Council has no voice in ratifying an amendment to the constitution. Moreover, the timing of this is also inappropriate, because our South Carolina General Assembly will not be hearing this item at all until January 2020 at the earliest. But, since we are being forced through the process of our agenda to address this issue she shared some personal history in order to explain why as a strong independent-minded woman who greatly supports equal rights for women, she cannot support this resolution by Town Council. Mr. Bustos stated that he does not believe this is Town business. He said that it is partisan. Page 20 of 39 Mr. Owens stated that he has been on the other end of decisions with unintended consequences. He stated that Mount Pleasant represents .3% of all the cities and towns in the State of South Carolina. He stated that the requested resolution is non- binding and addresses equal justice. Mayor Haynie turned the Chairmanship over to Mayor Pro Tempore, Gary Santos, while he made his comments. Mayor Haynie stated that Council is being asked to weigh in on a South Carolina bill that is dead until at least January 2020. He stated that he has reached out to some of the Town’s South Carolina Legislative Delegation. This is the same delegation that our Council entertained in Columbia earlier this year; three senators and five House members. He received a letter from two of the Legislative members, Representative Lee Hewitt that indicated that the ERA Bill is dead for the year and Representative Nancy Mace who also indicated that the bill was dead for the season. Mayor Pro Tempore, Gary Santos, relinquished Chairmanship back to Mayor Haynie. Mr. Brimmer stated that over the past month or more, Council has received emails, letters and constituent discussions regarding this issue. He said he has not yet heard anyone say that they do not believe men and women should be treated equally. He is appreciative of the passion shown by both sides. Mr. Brimmer stated that this is where he believes this issue belongs and would encourage everyone to follow him in writing letters to our representatives. He stated that he will not be casting any votes on this tonight. Mr. O’Rourke stated that it is convenient that Council can simply not vote on things for a number of reasons. He said this is the first time he has ever had his religion questioned. He stated that we are better than this as nine people and this Town has so many other things that need to be accomplished. He said that Page 21 of 39  Council has spent more time on this issue than passing a $90 million dollar budget and thinks this is sad. Mr. Cunnane stated that on the issue of whether this is partisan or not, he believes that once the City and County of Charleston entered the fray, the Town is lumped in with them. He said once this happens at the local level, are we going to be the Town that does nothing on this issue. He said it is not Council that is creating the partisanship; it exists from what has already happened. Mayor Haynie stated that there is a motion to approve a resolution urging the State General Assembly to support passage of the Equal Rights Amendment. Mr. O’Rourke, Mr. Owens, Ms. Whitley and Mr. Cunnane were in favor. Mr. Santos, Mr. Bustos, Ms. Landing and Mayor Haynie were opposed. Mr. Brimmer abstained. Motion fails due to a 4-4 tie. Mayor Haynie called for a short recess at 8:23 p.m. and reconvened at 8:32 p.m. 4. First Reading: An Ordinance to convey by Quitclaim Deed any interest to property known as Lot 19, Fulton Subdivision. (Ord. No. 19042) Mr. Santos moved for approval; seconded by Mr. Brimmer. All present voted in favor. Motion carries 9-0. 5. Adoption: A Resolution to adopt the Capital Improvement Plan for the Town of Mount Pleasant for the Fiscal Years 2020 through 2024. (R.19051) Page 22 of 39  Mr. Santos moved for approval; seconded by Mr. Brimmer. Mr. O’Rourke stated that we can add to this when Council begins discussions regarding drainage and find a funding source. Mr. DeMoura responded in the affirmative. All present voted in favor. Motion carries 9-0. This Resolution SIGNED, SEALED and DELIVERED this date. 6. Adoption: A Resolution to adopt the Town of Mount Pleasant Five-Year General Fund Financial Plan FY 2020 – FY 2024. (R.19052) Page 23 of 39  Mr. Santos moved to approve; seconded by Mr. Bustos. All present voted in favor. Motion carries 9-0. This Resolution SIGNED, SEALED and DELIVERED this date. 7. Adoption: A Resolution by the Town of Mount Pleasant, South Carolina, making a Declaration of Intent to enter into Lease Purchase Agreements. (R.19053) Jonathan Edwards, Deputy Chief Executive Officer, stated that this is a resolution to declare the Town’s intent to lease purchase equipment as part of the FY 2020 budget. This budget includes new and replacement vehicles and the funding of these vehicles is a mixture of cash and pay-as-you-go funding and lease purchasing. He said the actual lease purchase will be less than the total required to maintain the level general fund support of vehicle and equipment needs. All the equipment is replacement equipment with the exception of the proposed small refuse truck which is needed for difficult areas within the Town. Mr. DeMoura stated that this is a typical item that is done each year. He added that especially since interest rates are low, they prefer the lease purchase option on the larger equipment. He stated that if interest rates were to rise over the course of time, there will be less of a recommendation to use this method. Page 24 of 39  Mr. Santos moved for approval; seconded by Mr. Brimmer. All present voted in favor. Motion carries 9-0. This Resolution SIGNED, SEALED and DELIVERED this date. 8. Adoption: A Resolution to establish an Electronic Payment Condition of Acceptance for the Town of Mount Pleasant. (R.19054) Mr. Edwards, Deputy CFO, stated that this is a resolution for the Town to no longer pay convenience fees on electronic forms of payment. He stated that payments to the Town via credit card or other electronic means incur a convenience fee currently paid for by the Town. He stated that last year the Town paid an estimated $172,000 of these fees. It is proposed that the convenience fees be paid by individuals making the payment. To that extent there is a State contract where a vendor may deal with the government and school districts to manage this process for the Town. All payments would go through the vendor’s payment gateway and would pass to the Town only the Town’s portion of the Town’s revenue. As such, the Town is not allowed to make a profit from this process. He stated that the vendor has convenience fees that the Town is paying currently at 2.75% and Town staff will evaluate that percentage every six months. Page 25 of 39  Mr. Brimmer moved for approval; seconded by Mr. Santos. All present voted in favor. Motion carries 9-0 This Resolution SIGNED, SEALED and DELIVERED this date. 9. Adoption: A Resolution authorizing a Memorandum of Understanding between Public Safety Cadets and the Mount Pleasant Police Department. (R.19055) Mr. Owens moved to approve; seconded by Mr. Bustos. All present voted in favor. Motion carries 9-0. This Resolution SIGNED, SEALED and DELIVERED this date. 10. Review and possible action with regard to the Mount Pleasant Memorial Waterfront Park Phase 2 Pier Project. Mr. DeMoura stated that this was an item that was reviewed as part of the Town’s Capital Improvement Plan at the last Budget Committee meeting of Council. He stated that many on Council are familiar with a number of the projects, especially building projects where facilities are being constructed or designed, as well as road projects. He said this particular project was featured at the last Budget Committee meeting. There are three pieces remaining to finish the Water Front Memorial Park. He said the first one which is scheduled to be built is the pier extension Page 26 of 39 project, which was listed as the first of the remaining three, because of public feedback that was delivered a few years ago when discussing the final phases of the project. There was significant public comment on the need for boating opportunities in the Town. He stated that this particular portion was ranked first. He said to keep in mind that of the three remaining phases, this piece is roughly $7.5 million dollars which is their budget. Mr. DeMoura stated that the final two phases are approximately $7.5 million dollars. Page 27 of 39 Mr. DeMoura stated that what was discussed was if Council is agreeable with maintaining the current course, which is extending the pier for $7.5 million or foregoing this to another time in the future and instead going with the other two remaining pieces which are approximately the same price tag for both. He stated that there was an action taken at that meeting and Councilman Santos asked that this item be placed back on the agenda. Mayor Haynie stated that there was a vote in the Budget Committee of Council which is a committee of the whole of Council to not go with the marine phase, which would have been approximately $5.9 million of Town funds and approximately $1.3 of federal funding to build effectively ten boat slips available to the public on a day use only. He stated that this was voted down by a 5-4 vote. He said that Council will need to vote as a full Council since this came from Committee. He stated for Council to actually reprioritize this, Council will need to vote on this item this evening. Mr. Santos made a motion to approve Item #1, Phase I, which would be the extension of the pier, including the slips for the Page 28 of 39  Town’s police and fire boats, with the other items he mentioned; seconded by Mr. Cunnane. Mayor Haynie stated that if the vote fails this evening, it is still an approved process and then there could be another motion to refer it to committee. Mr. Owens, Ms. Whitley, Mr. Bustos, Ms. Landing, Mr. O’Rourke and Mayor Haynie were opposed. Mr. Santos, Mr. Brimmer and Mr. Cunnane were in favor. Motion fails 3-6. Mr. O’Rourke moved to take back to the Finance Committee a discussion regarding the financial repercussions with moving forward with this for the opportunity to bring it back to Council; seconded by Mr. Cunnane who would like to offer an amendment that we ask the Police and Fire Departments to come back to Council with differences in response time from currently to if this was in place – especially the police boat. Mr. O’Rourke amended his motion to include Mr. Cunnane’s comments. Mr. Santos was opposed. All others present voted in favor. Motion carries 8-1. 11. Discussion and possible action requiring the Town’s corporate counsel to copy every Council Member on all correspondence with, or documents, drafts, memos, etc. prepared for any other member or members of Town Council. Mayor Haynie stated that he had this placed on the agenda as there are a number of issues going on with Council, many involving legal advice. Mayor Haynie moved that Corporate Counsel would copy all Council members as clients on all correspondence with documents, drafts, memos or anything else prepared for or transmitted to any other members of Town Council; seconded by Mr. Bustos. Page 29 of 39  Ms. Whitley, Mr. Bustos, Ms. Landing, Mr. O’Rourke and Mayor Haynie were in favor. Mr. Santos, Mr. Brimmer, Mr. Cunnane, Mr. Owens were opposed. Motion carries 5-4. 12. Approval to change form of legal representation to General Counsel form effective July 1, 2020. Mayor Haynie stated that this was a recommendation from the Police, Judicial and Legal Committee and does not require a second. Mayor Haynie stated that he has made his reasons very clear. He said for quite some time, he has spoken to individuals at peer cities and as Chairman of the committee to set the stage for this, he believes it is time to proceed with this item. He said we are in a decade old relationship and decade old model that does not serve the people of Mount Pleasant as well as it should. As Chair of the Committee, he would urge the other members to pass this motion. Mr. Cunnane stated that the issue regarding the other peer cities that were mentioned, it appears that many of those are strong Mayor cities; therefore, it is a different relationship altogether. He would like to ask the attorneys if they would explain why the 180 clause is in their contract. He asked Mr. Hinchey what he anticipates will be involved. Mr. Hinchey stated that in the contract itself, there are introductory clauses that to some extent, address the rationale for that six month period. He said it was because both parties recognize that they were being asked to make a substantial commitment of their resources to service the Town. They had to give up clients in order to service the Town as the Town wished. He said some of the clients they had, that they no longer service they will never get those clients back. He said the purpose of the six month clause was to permit them with a period of time to recover. When they participated in the establishment of other similar operations in the past, what they would normally do if they were asked to consult on something such as this, would be to look at the services rendered and those who were the clients. Page 30 of 39 He stated that Mr. Young was a brilliant man and did an outstanding job as the Town Attorney. He stated that in many instances, rather than retaining outside Counsel, that need went unmet. He said that his firm was asked to meet that need for a flat fee and they did. He stated that the City of Charleston has a large legal staff and it is not just the legal staff. He stated that they have one receptionist that services all administration. He said you would have to determine how many lawyers you want and would assume it is three or four in order to satisfy the requirements that the Town desires and even then, they may have to outsource outside legal counsel, such as bond lawyer, Paul Trouche. He said that those lawyers would then have to have support staff, which the Town does not pay for at this time, because they provide their own support staff. He stated that the Town would need to build in paralegals and legal secretaries which would need to be factored into the cost. Mayor Haynie stated that we are getting a filibuster by a vendor to the Town. He asked the Chair of the Bids & Purchases Committee, Mr. Brimmer if their committee allows people to come in and filibuster about their services or compare theirs to others. Mr. Cunnane called for point of order and stated that Mr. Hinchey was simply answering his question and believes he still has the floor. Mayor Haynie stated that the Chair rules that we have a vendor for over half a million dollars of services to the Town. He stated that he is not convinced that Mr. Cunnane did not know the answers to the questions he was asking. Mr. Cunnane stated that he would like to appeal the ruling of the Chair that Mr. Hinchey be allowed to answer the question he asked. Mayor Haynie stated that Mr. Cunnane has appealed for a ruling to overrule the Chair and requires a two-thirds vote to pass. Page 31 of 39 Ms. Whitley, Mr. Brimmer, Mr. Cunnane, Ms. Landing, Mr. O’Rourke, Mr. Owen and Mr. Santos were in favor. Mr. Bustos and Mayor Haynie were opposed. Motion carries 7-2 in favor for a ruling to overrule the Chair. Mr. Cunnane stated that he was asking Mr. Hinchey to explain the unwinding process for legal work and the transfer to another firm. He stated that Mr. Hinchey was interrupted and asked for Mr. Hinchey to continue where he deems appropriate. Mayor Haynie requested to ask a question. He asked if Mr. Hinchey would tell Council which municipalities he has overseen this process through and what size they are. Mr. Hinchey stated that he did not indicate other municipalities but said other organizations. He said we discussed the salary component because they would have an employed status and be entitled to all benefits, including retirement benefits. He said the Town does not currently pay this. He said the Town would need to analyze the cost and believes Mr. DeMoura knows generally how much each benefit is worth both for health insurance benefits and retirement. He said you would project this over a period of time. Traditionally once you establish a department then you would project what the costs are going to be into the future. Rather than having them controlled by contract it will be controlled by the market place. He said once he has this in place he would compare it to what the costs under the current contract have been. He said that this would indicate first if there is a savings and if not, then could determine what the costs are going to be. Mr. Cunnane asked if it is accurate to say that 180 days would be consumed by the conversation into another system. Mr. Hinchey said, at least. Mr. Cunnane called for the question. Page 32 of 39 Mayor Haynie stated that there is a motion before Council to change the form of Legal Representation to the General Counsel form, effective July 1. Ms. Landing stated that she is still not clear. If Council were to vote this evening to change Council’s legal representation to General Counsel, effective July 1st, does this mean the current attorneys would continue working with Council for the next year and the Town would pay them for a year plus an additional six months lump sum payment at the end. Mayor Haynie stated that this was the intention at the PLJ Committee, to work with the attorneys for that year. He said what was said in executive session, the Legal Firm received a two year contract extension in 2017, making it four years. He said this vote would end up making it three years instead of four years. Mr. Owens stated that his concern is being able to go to department heads who are constantly involved in the day to day with Town business. He said having the department head’s input prior to Council voting on such an important issue. He said we have had a number of discussions regarding Legal and their cost, and asked Mr. DeMoura if he recalls what came out of PLJ about the cost compared to other municipalities the size of Mount Pleasant. Mr. DeMoura stated that he believes the presentation that was delivered showed the Town’s cost below the median. Mr. O’Rourke stated that he hopes Council does not low bid legal advice. This is a very large Town with very complicated issues and thinks that it is okay to ask for information on the cost but hopes that Council is not looking for the cheapest legal advice. He added that the advice Council receives needs to be more important than the cost paid. Page 33 of 39  Mayor Haynie stated that the motion is to approve changing the form of legal representation to General Counsel form effective July 1, 2020. Mr. Bustos, Ms. Whitley and Mayor Haynie were in favor. Mr. Brimmer, Mr. Cunnane, Mr. O’Rourke, Mr. Owens and Mr. Santos were opposed. Ms. Landing abstained. Motion to change the form of legal representation fails 3-5, with one abstention. 13. Executive Session (if necessary) a. Approval to change the form of legal representation to General Counsel form effective July 1, 2020. Council may take action on any item, including any subsection of any section, listed on an executive session agenda or discussed in an executive session during a properly noticed meeting 14. Approval to provide notice of intent to terminate legal contract with Hinchey, Murray & Pagliarini, LLC effective June 30, 2020. Mayor Haynie stated that we may not change the form of legal representation; however, could end the relationship with the present law firm one year earlier than the two years they have remaining on their contract. He stated that this had to coincide with the action of the Committee. Mr. DeMoura agreed and stated that if this was the wish of Council per contract, the legal firm had to be provided with notice directly from Council. Page 34 of 39  Mayor Haynie stated that the recommendation from PLJ Committee has been voted down. 15. Executive Session (if necessary) a. Approval to provide notice of intent to terminate legal contract with Hinchey, Murray & Pagliarini, LLC effective June 30, 2020. Council may take action on any item, including any subsection of any section, listed on an executive session agenda or discussed in an executive session during a properly noticed meeting. B. Old Business 1. Final Reading: An Ordinance to adopt and appropriate a Budget for the Town of Mount Pleasant for Fiscal Year 2020 (July 1, 2019, through June 30, 2020). (Ord. No. 19030) Mr. Santos moved for approval; seconded by Mr. Owens. Page 35 of 39  Mr. Bustos was opposed. All others present voted in favor. Motion carries 8-1. This Ordinance SIGNED, SEALED and DELIVERED this date. 2. Final Reading: An Ordinance to amend and republish Chapter 110: Business License Code of the Mount Pleasant Code of Ordinances with various changes. (Ord. No. 19031) Mr. DeMoura stated that this came before Council last month and there were questions; therefore it went back to Finance Committee. He stated that Finance Committee was satisfied. Mr. Santos moved for approval; seconded by Mr. Owens. Mr. Cunnane asked if Mr. O’Rourke could provide a brief summary of the Finance Committee discussions. Mr. Edwards stated that since April, there have been questions regarding commissions and how they are calculated for real estate companies. He said staff proposed removing language out of the ordinance that specifically addressed this that was available in the state statute that already addressed this issue. He said staff is, however, requesting that this language not be deleted so that it remains clear how real estate business license taxes are calculated here in the Town. Page 36 of 39 All present voted in favor. Motion carries 9-0. This Ordinance SIGNED, SEALED and DELIVERED this date. Page 37 of 39 C. Executive Session Ms. Whitley moved to adjourn into executive session; seconded by Mr. Bustos. All present voted in favor. Council adjourned into executive session at 10:00 p.m. Council reconvened at 11:00 p.m. Mayor Haynie declared that Council was out of executive session and that no votes or action was taken. 1. Legal and Contractual a. Legal advice pertaining to potential legal action against the Town. Ms. Whitley moved that Council instruct Legal Counsel to proceed as discussed in executive session regarding item 1.a; seconded by Mr. Santos. Mayor Haynie was opposed. Mr. Cunnane abstained. All others voted in favor. Motion carries 7-1, with one abstention. b. Legal advice related to the potential purchase of real property Council may take action on any item, including any subsection of any section, listed on an executive session agenda or discussed in an executive session during a properly noticed meeting. 2. Personnel a. Performance Evaluation review for the Town Administrator b. Consideration of Applications to the Commercial Design Review Board Page 38 of 39  Mr. Santos moved to approve Cameron Swails for the Commercial Design Review Board; seconded by Mr. Cunnane. All present voted in favor. Motion carries 9-0. c. Consideration of reappointment to the Accommodations Tax Advisory Committee Mr. O’Rourke moved to reappoint Rebecca Gosnell to the Accommodations Tax Advisory Committee; seconded by Mr. Owens. All present voted in favor. Motion carries 9-0. Council may take action on any item, including any subsection of any section, listed on an executive session agenda or discussed in an executive session during a properly noticed meeting. XI. ADJOURN There being no further business, Council adjourned at 11:02 p.m. Respectfully submitted, Barbara Ashe May 14, 2019 Page 39 of 39