Police, Judicial, Legal Committee
Regular MeetingMount Pleasant, SC · July 31, 2017
Minutes
TOWN OF MOUNT PLEASANT, SOUTH CAROLINA
POLICE, JUDICIAL & LEGAL COMMITTEE
Monday, July 31, 2017
Municipal Complex, Committee Meeting Room, 3rd Floor
100 Ann Edwards Lane
Mount Pleasant, SC 29464
Minutes
Present: Mayor Linda Page, Chair, Mark Smith, Elton Carrier, Bob Brimmer
Staff: Eric DeMoura, Chief, Ritchie, LeVica Kirvin
Also: Jim Hinchey, Corporation Counsel
Mayor Page called the meeting to order at 12:03pm
1. Approval of Minutes from the June 29, 2017 meeting
Mayor Page asked that the minutes from June 29, 2017 meeting be
approved.
Mr. Smith made the motion for approval; seconded by Mr. Carrier. All in
favor.
2. Public Comments
Mr. Kevin Kanane, 3032 River Vista Way of Mount Pleasant, stated an
executive session was held during the last council meeting and no action
was taken. He stated two hours later there was a second executive
session and a vote was taken on the first executive session. Mr. Kanane
stated he wanted to make a public formal complaint about the manner in
which that was conducted. He asked if any of the four council members
could recall a previous time when that has occurred. Mr. Kanane added
that type of delay must not happen very often because no one seems to
recall it ever happening before. He stated it was a sneaky maneuver. Mr.
Kanane stated the citizens who attended the meeting included those who
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July 31, 2017
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had paid for childcare as well as some elderly individuals who were
interested to hear what was happening in their neighborhoods. They
were told no action was taken and two hours later action was taken. Mr.
Kanane stated that is absolutely unacceptable. He stated this is America
and business does not get conducted behind closed doors.
Mayor Page thanked Mr. Kanane and stated he is correct in stating they
do not take action in executive session. She explained there was an item
on the agenda for action later and that is when the action was taken.
Mr. Smith stated he appreciates Mr. Kanane’s frequent appearance at
council and committee meetings. Mr. Smith added Mr. Kanane referred
to America and our American rights that all of us fight so very hard for
and he will continue to fight for as well. Mr. Smith stated he disagrees
with Mr. Kanane’s interpretation of what happened. He added he does
however appreciate Mr. Kanane’s comment.
Mayor Page thanked Mr. Kanane for his comments.
3. Police matters
No agenda items
4. Judicial matters
a. New Legislation – Endangerment of a Highway Worker
Ms. Kirvin stated the legislation regarding endangerment of a highway
worker has already been put in place. Ms. Kirvin stated she is asking
Council to set the fine amounts for these violations. Ms. Kirvin stated
she has spoken with Chief Ritchie and due to the severity of the
infraction their recommendation is to set the fines at the maximum
amount.
Mayor Page asked Ms. Kirvin to explain why Council sets the fines and
why this is being reviewed.
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July 31, 2017
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Ms. Kirvin stated the statute itself has not changed, however the name
and verbiage has as well as it is now a three-tier violation based on
severity. She added the fine amounts are significantly higher.
Mr. DeMoura stated that by nature of operating the Municipal Court,
Council has the authority to decide fine amounts. He explained without
that authority the officers would not know how much to write the ticket
for if such an infraction should occur.
Mr. Smith stated since this matter was set on the State level if Council’s
only responsibility is to set the fine amounts. Ms. Kirvin confirmed that
was correct. Mr. Smith added any concerns regarding the possibility of
double jeopardy is nothing they need to worry about at this level as this
all happens at the State level.
Ms. Kirvin reiterated that the legislation is already in place and the only
action needed would be to set the fine amounts.
Mr. Carrier asked what the maximum fine would be. Ms. Kirvin
explained the first tier, by statute, must be set at no more than
$1,000.00 but after State assessments and surcharges are applied the
maximum fine would be $2,100.00. She stated the same process applies
to the second and third tiers. Ms. Kirvin stated she has submitted the
minimum fine amount as well as the maximum fine amount for Council’s
review.
Mr. Brimmer asked if the same percentage for assessments and
surcharges is used to determine all fines. Ms. Kirvin stated the same
percentage is used to calculate the fines for all offenses.
Mr. Brimmer asked if the charges for endangerment of a highway worker
were considered misdemeanors. Ms. Kirvin confirmed that they are all
misdemeanors. She added even with the significant fine amount on the
third-tier violation the legislation reads that they must be handled at the
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July 31, 2017
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Municipal Court level. Mr. Brimmer stated he wondered as typically an
offense with a fine amount that large is usually associated/ with a felony.
Mr. Smith made a motion to move forward with the fees associated to
the subject matter as presented by staff; seconded by Mr. Brimmer. All
in favor.
5. Legal matters
a. Consideration of a grant of easement to Mount Pleasant Waterworks
on property located on US 17 North, Woodland Subdivision
Mr. Hinchey stated that Mount Pleasant Waterworks has asked for an
easement for purposes of relocating their sewer line. He explained they
installed a power pole that crosses the sewer collection system. He
stated as a result a blockage of waste water has occurred. Mr. Hinchey
stated in order to unblock the wastewater an easement is required. He
stated they are recommending the Town grant an easement to Mount
Pleasant Waterworks so that they can continue to service the public.
Mr. Smith made a motion to grant the easement to Mount Pleasant
Waterworks for the property located at US 17 North, Woodland
Subdivision; seconded by Mr. Carrier. All in favor.
b. Consideration of conveyance of right of way to the South Carolina
Department of Transportation regarding widening of Highway 17
[Please see minutes under Agenda Item 5.c.]
c. Consideration of conveyance of right of way to the South Carolina
Department of Transportation regarding widening of Highway 17
Mr. Hinchey stated that items 5 (b) and (c) are for the same purpose. He
explained one is on the US 17 and Hungryneck interchange and the
other is on the US 17 widening.
Police, Judicial and Legal Committee
July 31, 2017
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Mr. Hinchey explained that they are required, by agreement, to convey
to the Department of Transportation (DOT) the surplus after every
project. He stated they need to be able to convey the residual to the
DOT.
Mayor Page asked if Mr. Hinchey knew how much land is involved. Mr.
Hinchey stated he does not have that information with him but could
find out. Mayor Page explained the reason for her question involves
Carta and the discussion being had about SCDOT controlled right of ways
and future park and ride locations. She added these are very important
to the community. Mayor Page stated they will also be moving forward
reviewing the study for I-526 and Longpoint Rd. Mayor Page stated
there are big issues with the deepening of the port and where the trucks
will go so she just wanted to make certain they are asking the right
questions.
Mr. Hinchey stated they are required to make this transfer due to the
agreement so they do not have much choice in the matter.
Mr. Brimmer asked if they typically make a request to keep the property
or do they give it without any option. Mr. Hinchey explained this is the
typical way of doing it. He stated this is the way it was done in the past
and this is the way the agreement requires it to be done in the present.
Mr. Brimmer stated he is not suggesting they block the agreement, only
suggesting they submit a request to say the town is interested in keeping
the property and see what happens.
Mr. DeMoura stated that these are strips of land and without giving
them back, the liability falls on the town should anything happen. Mr.
DeMoura stated the best way would be to satisfy the agreement, return
the land, and then at some point in the future, if a bus shelter was
required, maybe then they could go back for that particular portion of
land.
Police, Judicial and Legal Committee
July 31, 2017
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Mayor Page stated she liked that idea.
Mr. Smith asked if there have been any issues in the past where the
town has not received something that they have requested. He asked if
it is a mutually beneficial relationship. Mr. DeMoura stated DOT has
been very cooperative. He stated the only time DOT would not be
agreeable is if they felt there was a public safety hazard and that
particular piece of land needed to stay as it was.
Mr. Smith made a motion to move forward with items (b) and (c) to full
Council for the conveyance of the right of way as written and
recommended by the staff; seconded by Mr. Carrier. All in favor.
Mayor Page stated her intention was to bring back the conversation
regarding the form of government at this month’s meeting. She
explained the feedback they received at the council meeting was that a
lot more information was needed to better understand what council was
asking for and what the form of governments entailed. Mayor Page
stated she had a wonderful visit in Hilton Head with the Municipal
Association of South Carolina, who has an expert in this area but
unfortunately, he was not available to attend today’s meeting. She
stated they will ask that individual to come to the September meeting to
address the committee and start a conversation so that they can
understand what form of government is, go over options and hopefully
in 2018 they can let people have a decision on what that might be.
1. Adjourn
There being no further business, the meeting was adjourned at 12:17pm.
Minutes submitted by:
Laurie Wilson
08/01/2017
Agenda
MOUNT PLEASANT COMMITTEE ASSIGNMENTS
REVISED TO AMEND WATER SUPPLY COMMITTEE AGENDA
COMMITTEES OF COUNCIL
MEETING NOTICE
Monday, July 31, 2017
(August Committee Meetings)
Municipal Complex, Committee Meeting Room, 3rd Floor
100 Ann Edwards Lane
Mount Pleasant, SC 29464
Bids and Purchases Committee 8:30 a.m.
Finance Committee 9:15 a.m.
Recreation Committee 10:00 a.m.
Water Supply Committee 10:30 a.m.
Economic Development Committee 11:00 a.m.
Police, Judicial, and Legal Committee 11:45 a.m.
Transportation Committee 12:45 p.m.
Public Services Committee 1:30 p.m.
Planning and Development Committee 2:30 p.m.
The following Committees will not meet:
Education Committee
Fire Committee
Human Resources Committee
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
MOUNT PLEASANT COMMITTEE ASSIGNMENTS
BIDS AND PURCHASES COMMITTEE
Monday, July 31, 2017
(August Committee Meeting)
8:30 a.m.
Municipal Complex, Committee Meeting Room, 3rd Floor
100 Ann Edwards Lane
Mount Pleasant, SC 29464
AGENDA
1. Approval of Minutes from the June 29, 2017 meeting
2. Public Comments
3. Award of contract for the New Town Hall Gym
4. Award of contract for the lease/purchase of funds for a Fire Pumper
Truck
5. Award of contract for a Fire Pumper Truck
6. Award of contract for the design of Park West Boulevard Widening
7. Award of contract for pipe repair and rehabilitation projects
8. Adjourn
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
MOUNT PLEASANT COMMITTEE ASSIGNMENTS
FINANCE COMMITTEE
Monday, July 31, 2017
(August Committee Meeting)
9:15 a.m.
Municipal Complex, Committee Meeting Room, 3rd Floor
100 Ann Edwards Lane
Mount Pleasant, SC 29464
AGENDA
1. Approval of Minutes from the April 3, 2017 meeting
2. Public Comments
3. Employee recognition
4. Presentation of CARTA FY 2018 Budget
5. Request from property owner for Town to abandon right of way on
Toler Drive
6. Information relating to a new service rights agreement between SCE&G
and Berkeley Electric
7. Adjourn
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
MOUNT PLEASANT COMMITTEE ASSIGNMENTS
RECREATION COMMITTEE
Monday, July 31, 2017
(August Committee Meeting)
10:00 a.m.
Municipal Complex, Committee Meeting Room, 3rd Floor
100 Ann Edwards Lane
Mount Pleasant, SC 29464
AGENDA
1. Approval of Minutes from the June 5, 2017 meeting
2. Public Comments
3. Introduction of Thomasena Stokes-Marshall Senior Center Association
executive officers and announcement of mission
4. Facility Rental Fee Waiver Requests
a. Second Annual Coed Harper’s Heroes Charity Softball Tournament at
the Jimmy Seignious Softball Fields, October 14, 2017.
b. Wando Young Life, Park West Pavilion, September 2017-May 2018
and Young Life Wyldlife Club, Jones Center Multipurpose Room,
September 2017-May 2018.
5. Facility Rental Request
a. Consideration of request from Christian Science Society, Mount
Pleasant for a one lease extension for use of the Miriam Brown
Community Center, September 2017-September 2018.
6. Program/projects update
7. Adjourn
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
MOUNT PLEASANT COMMITTEE ASSIGNMENTS
WATER SUPPLY COMMITTEE
Monday, July 31, 2017
(August Committee Meeting)
10:30 a.m.
Municipal Complex, Committee Meeting Room, 3rd Floor
100 Ann Edwards Lane
Mount Pleasant, SC 29464
REVISED AGENDA
1. Approval of Minutes from the June 29, 2017 meeting
2. Public Comments
3. Water Quality Update provided by Mount Pleasant Waterworks
4. State Revolving Fund Loan Update
5. Highway 41 Utility Relocation Cost Estimate Update
6. Adjourn
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
MOUNT PLEASANT COMMITTEE ASSIGNMENTS
ECONOMIC DEVELOPMENT COMMITTEE
Monday, July 31, 2017
(August Committee Meeting)
11:00 a.m.
Municipal Complex, Committee Meeting Room, 3rd Floor
100 Ann Edwards Lane
Mount Pleasant, SC 29464
AGENDA
1. Approval of Minutes from the June 29, 2017 meeting
2. Public Comments
3. Presentation on Retail Market Analysis and Leakage Study by Arnett
Muldrow
4. Consideration of an economic development incentive grant
5. Executive session – Committee may decide to convene executive
session for the purpose of hearing proprietary business information
6. Post executive session
Committee may take action upon reconvening from executive session
7. Adjourn
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
MOUNT PLEASANT COMMITTEE ASSIGNMENTS
POLICE, JUDICIAL & LEGAL COMMITTEE
Monday, July 31, 2017
(August Committee Meeting)
11:45 a.m.
Municipal Complex, Committee Meeting Room, 3rd Floor
100 Ann Edwards Lane
Mount Pleasant, SC 29464
AGENDA
1. Approval of Minutes from the June 29, 2017 meeting
2. Public Comments
3. Police matters
No agenda items
4. Judicial matters
a. New Legislation - Endangerment of a Highway Worker
5. Legal matters
a. Consideration of a grant of easement to Mount Pleasant Waterworks
on property located on US 17 North, Woodland Subdivision
b. Consideration of conveyance of right of way to the South Carolina
Department of Transportation regarding widening of Highway 17
c. Consideration of conveyance of right of way to the South Carolina
Department of Transportation regarding the I-526 interchange
6. Adjourn
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
MOUNT PLEASANT COMMITTEE ASSIGNMENTS
TRANSPORTATION COMMITTEE
Monday, July 31, 2017
(August Committee Meeting)
12:45 p.m.
Municipal Complex, Committee Meeting Room, 3rd Floor
100 Ann Edwards Lane
Mount Pleasant, SC 29464
AGENDA
1. Approval of Minutes from the May 1, 2017 meeting
2. Public Comments
3. The Groves Before and After Traffic Study findings
4. Update on the completion of the Highway 41 Wando River Bridge
5. Update – ongoing projects
6. Adjourn
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
MOUNT PLEASANT COMMITTEE ASSIGNMENTS
PUBLIC SERVICES COMMITTEE
Monday, July 31, 2017
(August Committee Meeting)
1:30 p.m.
Municipal Complex, Committee Meeting Room, 3rd Floor
100 Ann Edwards Lane
Mount Pleasant, SC 29464
AGENDA
1. Approval of Minutes from the May 1, 2017 meeting
2. Public Comments
3. Continued discussion regarding the findings of the Old Village Drainage
Study
4. Adjourn
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
MOUNT PLEASANT COMMITTEE ASSIGNMENTS
PLANNING & DEVELOPMENT COMMITTEE
Monday, July 31, 2017
(August Committee Meeting)
2:30 p.m.
Municipal Complex, Committee Meeting Room, 3rd Floor
100 Ann Edwards Lane
Mount Pleasant, SC 29464
AGENDA
1. Approval of Minutes from the June 29, 2017 meeting
2. Public Comments
3. Staff Update on the Comprehensive Plan Planning Forum
application and selection process
4. Review of Planning Commission recommendations from the July
19, 2017 meeting
a. Request to amend the River Island Plantation Planned
Development District ordinance providing for the construction,
operation and maintenance of a stealth wireless
communications facility including a tower not to exceed 140
feet. Subject property is an approximately 29.46 acre tract of
land located at 1750 Palmetto Isle Drive, identified by TMS No.
540-00-00-066, and depicted as Tract B on a plat recorded by the
Charleston County RMC Office in Plat Book EG, Page 797.
b. Proposal to amend Zoning Code Section 156.224(C)(3)(c) of
Chapter 156 of the Mount Pleasant Code of Ordinances
pertaining to tree removal and mitigation for trees impacted by
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excessive pruning associated with maintenance of aerial power
lines.
5. Request approval of Impact Assessment and Conceptual Plan for
Home Depot, proposed to be located on a 9.90 acre parcel at
2213 North Highway 17 and identified by TMS No. 558-00-00-145.
This item was sent back to the Planning Committee for review of
proposed modifications to the Conceptual Plan.
6. Discussion regarding the Tree Protection Ordinance to include a
review of species of protected trees and the Process Pertaining to
Tree Removal, Clearing and Field Inspections
7. Review and update of draft text amendments to Land
Development Regulations pertaining to drainage, lot fill, and
grading.
8. Staff Update on annexation of Royal Palms development located
on Dingle Road.
9. Consideration of a land swap proposal by Gateway Development
Service, Inc. and Rio Partners, LLC involving Town property leased
to the South Carolina National Guard and located on Mathis Ferry
Road
10. Adjourn
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
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