A - Town Council Meetings

MOUNT PLEASANT TOWN COUNCIL TOWN COUNCIL MEETING Tuesday, November 14, 2023, 6:00 p.m. Municipal Complex, Council Chambers 100 Ann Edwards Lane Mount Pleasant, SC 29464 View the Presentation here. MINUTES Mayor Haynie called the meeting to order at 6:00 p.m. Council Members Howard Chapman, Laura Hyatt, Gary Santos, Jake Rambo, John Iacofano, Guang Ming Whitley and Carl Ritchie were all present. Brenda Corley was absent. I. PRAYER Fire Chief Mike Mixon led the Invocation. II. PLEDGE Mayor Pro Tempore Gary Santos let Council in the Pledge of Allegiance. III. APPROVAL OF AGENDA Mr. Rambo moved to approve the agenda, seconded by Mr. Chapman. All present voted in favor. IV. PUBLIC HEARINGS, AWARDS & PRESENTATIONS A. Administration of Oath of Office Mayor Haynie administered the Oath of Office to Council Members-Elect Howard Chapman, Laura Hyatt, Jake Rambo and Daniel Brownstein.  Mayor Haynie called for a brief recess at 6:05 p.m. for photographs to be taken. The meeting was reconvened at 6:13 and Mr. Brownstein took his seat as a Council Member at the dais. B. Election of Mayor Pro Tempore Mr. Santos moved to appoint Ms. Whitley as Mayor Pro Tempore, seconded by Mr. Iacofano. Mr. Chapman said he would like to see the election of Mayor Pro Tempore be held every year instead of every two years. Mr. Pagliarini said that would be an Ordinance change and would need to go through the Committee process. Mayor Haynie called for the vote and all present voted in favor. C. PUBLIC HEARING: To receive comments on a proposed Amendment to Development Agreement By and Between Carolina Park Development LLC and Town of Mount Pleasant, South Carolina. Proposed is to amend Exhibit C to the Development Agreement, Governing Regulations, entitled “Planned Development District Development Standards: Amending the PD District for Carolina Park”, to create a new mixed-use district called TOMP Tract, including permitted uses and development standards, on an approximately 38.3-acre tract of land located off Faison Road and owned by the Town of Mount Pleasant. This Page 2 of 11  tract will include up to 30 attainable housing units, increasing the total dwelling units for Carolina Park from 2,030 to 2,060. Further amendments include the following: 1. Transfer the ownership of Ben Marino Way to the town; 2. Release use restriction to permit cell tower use on town active park; and 3. Extend the Development Agreement for two (2) years. Carolina Park is comprised of approximately 1,608.50 acres of land and whose location is generally described as being on the north side of US Highway 17 between the Park West and Pepper Plantation developments. There being no speakers for this item, Mayor Haynie declared the public hearing closed. D. Recognition of Special Olympics North America Golf Championship Athletes Ms. Shelli Davis Boesner introduced the athletes to Town Council. E. Longevity Award Mr. William Horne recognized Mike Taulbee for twenty-five years of service. Page 3 of 11 V. APPROVAL OF MINUTES FROM THE OCTOBER 10, 2023 REGULAR AND SPECIAL TOWN COUNCIL MEETINGS, AND THE AUGUST 2023 FINANCIAL STATEMENT. Mr. Chapman moved to approve the minutes and financial statement, seconded by Mr. Santos. Mr. Brownstein abstained, and all others present voted in favor. The motion carried 8-0-1. VI. PUBLIC COMMENT David Kalishman, 2135 Annie Laura Lane stated he is here with a contingent of his neighbors to discuss concerns with the fleet maintenance facility adjacent to their neighborhood. He said they understand the necessity of the site, but they do not think the current plans are sufficient to abate the noise. They are making two requests. One is to extend the buffer, and the second is to conduct a proper sound assessment once the facility is complete. He said he would like Council to see the issues they are facing in person, and they would like to work with Council to resolve the issues. He thanked the Mayor and Council for their time. Cari Stafford, 2139 Annie Laura Lane stated there is a need to extend the buffer near the fleet maintenance facility. She said they are very close to the facility, and they are being exposed to constant auditory and visual disruptions. She said they would like the Town to work to fortify a dense buffer. She said it is currently insufficient. Pat Gillespie, 2182 Annie Laura Lane stated the conclusion of the construction of the new maintenance facility is coming soon, and there are still problems with noise and dust. He stated with respect to the noise, Montomery County Maryland has stopped the use of tonal back-up alarms as they have come up with a new way to alert people. Instead of making the tonal noise, the truck emits a white noise sound to where there is an object in the path behind the truck. He said it is quiet and dissipates quickly, but the person in the path knows it is there. He said with tonal alarms, most people ignore it because they don’t know where it is coming from. He asked the Town to test it and see how it works. He said he hopes something can be done about the dust. Page 4 of 11  Marie-Louise Moreto, 1133 Liberty Court stated she is representing the Mount Pleasant Community Arts Center Committee (MPCAC). She stated they have been advocating for a community arts center since 2016, and she would like to applaud Mayor Haynie, Town Council and the Culture, Arts and Pride Commission for seriously considering the need for an arts center in Mount Pleasant. Myra Jones, 730 Dragoon Drive stated she hoped Council had the opportunity to review her letter about the need for a hate crimes ordinance. She said South Carolina and Wyoming are the only two states without one, and she asked that the Town pass a hate crimes ordinance. She also said she hoped the Town would support efforts for more attainable housing and it is time the town had an arts facility. She stated she appreciated everything Council does for the Town. Michael Jerome Singleton, 2985 Joseph Glover Road stated he grew up in Mount Pleasant and graduated from Wando High School in 1978. He said he would appreciate the support of Council to rezone his land so that he could take care of his family. Keely Enright, 1245 Dearsley Court stated after the Village Playhouse outgrew their space in 2012, they moved downtown as there was no where for them to go here. She said they left a vacuum that was never filled. She said people in Mount Pleasant have the desire and the means to cultivate and support a community arts venue that can offer a myriad of programming options. She urged Council to adopt the Culture, Arts and Pride Commission’s recommendations. Mary Smith, 1161 Sharpstown Court stated she lives in a development called Porchers Preserve and there are only two ways to get through the development. She said the only way you can exit Sharpstown Court onto Billy Swails is by making a right turn. She said when the Market at Oakland project is completed it is going to be difficult to get onto Porchers Bluff Road. She said this is a very small development so she does not know if they are being taken into consideration with the changes that will be made, and perhaps there will be a traffic light needed. Page 5 of 11  Scott Schmitz, 1193 Sharpstown Court stated he would like Council to reject the Market at Oakland conceptual plan due to the cost to install an unsignalized intersection at Porchers Bluff and Bella Oaks Drive. He said the traffic study shows it will make it much more difficult to exit their community, and it does not account for a single vehicle that will be sent down that corridor when Billy Swails 4b and the Highway 41 expansion projects are completed. He said the Market at Oakland already has an access point on Porchers Bluff at South Morgans Point Road and they should be required to upgrade that intersection to its maximum capacity before requesting a curb cut, let alone a new intersection that has a negative impact on the neighboring community. He asked for it to be sent back for redesign. Brian Jones stated he is with the South Carolina Shrimpers Association and is here to speak in favor of the resolution encouraging Governor McMaster to declare an economic disaster due to the dumping of imported shrimp into the United States markets. He said they have seen an influx of imported shrimp for the past four or five years and it has increased drastically. He said as of 2022, 2.1B pounds of shrimp were imported into the United States and 1.7B pounds have been consumed. He said Mount Pleasant would be the second town in South Carolina to adopt such a measure. VII. CONSENT AGENDA ITEMS A. Final Reading: An Ordinance providing for an amendment to Ordinance 18067, the amended and restated Development Agreement Liberty Hill Farms. (Ord. No. 23026) September 5, 2023 Planning Committee Minutes October 2, 2023 Planning Committee Minutes B. Final Reading: An Ordinance to rezone two parcels comprised of 4.7 acres on the corner of Highway 17 North and Old Course Lane from AB Areawide Business District to PI-2 Public Institutional 2 District. (Ord. No. 23032) Planning Commission recommended approval; Planning Committee recommended approval 3-0. September 20, 2023 Planning Commission Minutes October 2, 2023 Planning Committee Minutes Page 6 of 11  Ms. Whitley moved for final reading, seconded by Mr. Santos. Mayor Haynie voted opposed to item A, and voted in favor of item B. All others present voted in favor of both items. For Item A, the vote was 8-1, and for Item B, the vote was 9-0. Both items passed final reading. VIII. PLANNING A. NEW BUSINESS 1. First Reading: An Ordinance providing for an Eighth Amendment to Ordinance 11064, the Development Agreement By and Between the Town of Mount Pleasant and CDM of Charleston, LLC (Carolina Park Development Agreement). (Ord. No. 23033) Planning Commission recommended approval. Planning Committee recommended approval (4- 0) October 18, 2023 Planning Commission Minutes November 6, 2023 Planning Committee Minutes Mr. Iacofano moved for first reading, seconded by Ms. Whitley. All present voted in favor. 2. First Reading: An Ordinance providing for a Eighth Amendment to the Carolina Park PD, Planned Development District Ordinance (Ord. R-13-90, as amended), to create a new Mixed-Use District known as the Town of Mount Pleasant Tract, which will apply to a 38-acre parcel off Faison Road and allow uses in accordance with the Town’s Economic Strategic Plan and Economic Development Zoning District, to include 30 attainable housing units. (Ord. No. 23034) October 18, 2023 Planning Commission Minutes November 6, 2023 Planning Committee Minutes Mr. Santos moved for final reading, seconded by Mr. Chapman. All present voted in favor. Page 7 of 11  3. Approval of Market at Oakland Impact Assessment and Conceptual Plan Planning Commission recommended approval. Planning Committee recommended approval (4-0) October 18, 2023 Planning Commission Minutes November 6, 2023 Planning Committee Minutes Mr. Chapman moved to defer this item back to the Planning Committee next month, seconded by Ms. Hyatt. All present voted in favor. 4. First Reading: An Ordinance to extend the Building Allocation System and amend Section 156.070, Et Seq. of the Town of Mount Pleasant Code of Ordinances. (Ord. No. 23035) Planning Committee recommended approval (4-0) November 6, 2023 Planning Committee Minutes Ms. Whitley moved for first reading, seconded by Ms. Hyatt. All present voted in favor. 5. Consideration of approval to waive the one-year waiting period to initiate the same zoning request at 2985 Joseph Glover Road Planning Committee recommended approval (4-0) November 6, 2023 Planning Committee Minutes Ms. Whitley moved to approve the one-year waiver, seconded by Ms. Hyatt. All present voted in favor. B. OLD BUSINESS There are no Planning Old Business items. Page 8 of 11 IX. COMMITTEE ACTION ITEMS A. Health, Recreation & Events Committee Discussion and possible action regarding implementation of the Culture, Arts & Pride Commission’s recommendation for a Town Community Arts Center November 6, 2023 Health, Recreation & Events Committee Minutes Ms. Whitley moved to approve the Culture, Arts and Pride Commission plan, seconded by Mr. Iacofano. Ms. Hyatt said the Culture, Arts and Pride Commission’s recommendation was to put out the RFP and to allow the person selected to choose the location. She said the Health, Recreation and Events Committee would like Council to choose the location and put out the RFP. She said the Committee would like to hear what Council would like to do before a decision is made. Ms. Whitley said drafting the RFP, releasing it, gathering applicants and selecting someone is in her opinion going to be a six-month process and this concept has been sitting before Council for months. She said she would like to implement the Culture, Arts and Pride Commission’s plan and in the interim, Mr. Brady could, through action of Council, be directed to actively seek out options, and if one would come into play before the RFP goes out, move forward with it, and then the new person would have the role of getting the location upfitted to be used for the community. She said her concern with waiting until Council finds a location is that we will never find one. She reminded the public that this will be an interim space for maybe five to seven years to be a proof point that would demonstrate the need for a dedicated arts facility in the community. She said we need to take action and not delay this further. Mayor said he thought by the motion to approve the plan it meant we needed to hire the person first, but what he just heard Ms. Whitley say is that we can find the place and lease it. He asked Page 9 of 11  Ms. Hyatt if that is what the Committee intended. Ms. Hyatt said as long as Ms. Whitley’s motion includes that the Town can still search for the location, she is in agreement. Ms. Whitley amended her motion to state that she moved to approve the Culture, Arts and Pride Commission’s recommendation for a town community arts center, but in the interim as we work toward releasing the RFP, staff be tasked with actively seeking a location. Mr. Iacofano amended his second. After further discussion, Mayor Haynie called for the vote and all present voted in favor. X. COUNCIL BUSINESS A. New Business 1. Adoption: A Resolution encouraging Governor Henry McMaster to declare an economic disaster due to the dumping of imported shrimp into the United States markets. (R.23112) November 6, 2023 Economic Development Committee Minutes Mr. Santos moved for adoption, seconded by Mr. Chapman. All present voted in favor. This Resolution SIGNED, SEALED and DELIVERED this date. B. Old Business There are no Council Old Business items. C. Executive Session Legal and Contractual Page 10 of 11  Legal advice and possible action with regard to Deierlein, Green, et. al. v. Mount Pleasant Waterworks, Town of Mount Pleasant, and Charleston County Mr. Rambo moved to go into executive session to discuss the item listed on the agenda and read by Mayor Haynie, seconded by Ms. Hyatt. All present voted in favor. The meeting was adjourned into executive session at 7:14 p.m. D. Post Executive Session 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. Mayor Haynie reconvened the meeting at 7:30 p.m. stating no votes or action had been taken. Mr. Rambo moved that Council approve the Joint Defense Agreement as presented in executive session, seconded by Mr. Chapman. All present voted in favor. XI. ADJOURN There being no further business, the meeting was adjourned at 7:31 p.m. Respectfully submitted, Christine Barrett Clerk of Council November 14, 2023 Page 11 of 11