Police, Judicial, Legal Committee
Regular MeetingMount Pleasant, SC · June 5, 2018
Minutes
TOWN OF MOUNT PLEASANT, SOUTH CAROLINA
POLICE, JUDICIAL & LEGAL COMMITTEE
Tuesday, June 5, 2018
Municipal Complex, Committee Meeting Room, 3rd Floor
100 Ann Edwards Lane
Mount Pleasant, SC 29464
Minutes
Present: Mayor Will Haynie, Chair, Gary Santos, Joe Bustos, G.M. Whitley
Staff: Eric DeMoura, LeVica Kirvin, Stan Gragg
Mayor Haynie called the meeting to order at 10:12am.
1. Approval of Minutes from the April 3, 2018 meeting
Mayor Haynie asked that the minutes from April 3, 2018 meeting be
approved.
Mr. Bustos made the motion for approval; seconded by Mr. Santos. All in
favor.
2. Public Comments
There were no public comments.
3. Employee years of service recognition
Mayor Haynie recognized Ms. Christine Barrett for 10 years of service.
He explained that Ms. Barrett has the responsibility of working with the
nine council members on a day-to-day basis. Mayor Haynie stated some
of Ms. Barrett’s duties include working on the agendas for the council
meetings along with scheduling their event appearances and making their
travel arrangements. Mayor Haynie stated Ms. Barrett is a very cheerful
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June 5, 2018
Page 2 of 8
person and a great presence to have around and thanked her for her 10
years.
Mr. DeMoura stated Ms. Barrett is a joy to be around. He stated she is
dependable and very competent. Mr. DeMoura added Ms. Barrett is a
valuable part of the management team and a wonderful person to be
around. He congratulated Ms. Barrett on her 10 years of service.
Deputy Chief Gragg recognized Officer Brandon Montano for 5 years of
service. Deputy Chief Gragg stated Officer Montano started out as a
patrol officer. He added Officer Montano is very involved with the
community and the youth in the community. Deputy Chief Gragg stated
with the Police Department’s recent reorganization to put officers in each
of the town’s schools, Office Montano was placed at Oceanside Academy
and is a vital member as a School Resource Officer there. Deputy Chief
thanked Officer Montano for his 5 years of very valuable service.
Ms. Kirvin recognized Mr. Steve Cale for 10 years of service. She
explained Mr. Cale is the court clerk and is involved in every court session
that takes place. Ms. Kirvin stated Mr. Cale is very dedicated and
conscientious in all his duties in and out of the court room. She stated he
is always willing to go above and beyond to complete his work even if
that requires him to come in early, stay late or put in some time over the
weekend. Ms. Kirvin stated hiring Mr. Cale was one of the best decisions
she has ever made. She congratulated Mr. Cale for his 10 years of
service.
Mr. Santos stated he has known Mr. Cale since the first or second grade.
He added it is great to see that he has done such a good job at the town.
4. Police matters
No agenda items.
Mayor Haynie stated he wanted the Police Department to be
acknowledged for their performance handling the recent Wando Bridge
Police, Judicial and Legal Committee
June 5, 2018
Page 3 of 8
closure. Mayor Haynie stated the Police Department handled the
situation extremely well and he could not be prouder.
Mr. DeMoura stated when the extra lane was being created on the
Ravenel bridge leading to Highway 26, he received a few calls saying
Deputy Chief Stan Gragg was seen out on the bridge placing safety cones.
He added that same day Deputy Chief was also spotted on the other side
of the bridge lending a hand coming back into Mount Pleasant. Mr.
DeMoura stated it was great to see Deputy Chief involved, directing and
leading the troops.
5. Judicial matters
a. Reappointment of Municipal Judges
Ms. Kirvin stated Judge David Michel, Judge Thomas Hesse and Judge
Tanya Staubes were up for reappointment. She stated she believed all
three of the judges submitted letters to council asking to be
reappointed. Ms. Kirvin stated they are asking the committee for their
approval.
Mayor Haynie stated there were three applicants for three positions and
added it would be up to this committee to discuss and take action.
Mr. Santos stated he previously served on the Police, Judicial and Legal
Committee. He stated the judges are the only individuals that really do
not have an evaluation process. He stated the judges write a letter and
then council approves or disapproves their reappointment. Mr. Santos
stated he does not have an issue right now but moving forward he
would like to see a committee appointed for this purpose made up of
individuals from the Police, Prosecutor’s office, Planning Department
and Court office. He stated the committee could give council an
evaluation form or some evaluation recommendations, so council could
have something to refer to. Mr. Santos stated every other position, such
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June 5, 2018
Page 4 of 8
as the Administrator, Fire and Police Chief are all evaluated and thinks it
is important to have one. He stated maybe some of the criteria used
could be how many cases they have had; how many have been found
guilty or how many cases have been deferred. He added it is important
to have some type of committee to handle those evaluations. Mr.
Santos stated the committee should be comprised of individuals who
work day-to-day with the court.
Mr. Bustos stated he appreciates Mr. Santos comments but has to
disagree. He stated the reason being judicial independence; the
slightest hint of them telling the judges they let too many go or maybe
they convicted too many of those type of cases. Mr. Bustos stated that is
why the Supreme Court is totally independent and they are appointed
for life. He stated they are not appointing anyone for life at this level.
Mr. Bustos stated if a judge is not doing their job they would hear about
it. He stated he does not know how they would find criteria for the
evaluation.
Mr. Santos stated the judges would be evaluated by the committee, not
by council. He stated the evaluations would be received by council, they
would not complete the evaluation. Mr. Santos stated everyone else is
evaluated and he did not know why one segment was not. He stated he
did not see how it would hurt anything.
Mayor Haynie responded because it is judicial. He stated he did not
know how judges were evaluated at the state level, but they could
inquire. Mayor Haynie wanted Ms. Whitley’s opinion on the item as she
was the only attorney on the committee.
Ms. Whitley stated there could be some criteria pertaining to items of
them doing their job, for example if they are showing up on time. She
stated judging them based on how many they convict or how many they
defer is not a good way to proceed.
Police, Judicial and Legal Committee
June 5, 2018
Page 5 of 8
Mr. Santos stated that was just a thought, he was not hung up on that
being part of the criteria.
Ms. Whitley stated questions of whether or not they are performing
their job to the satisfaction of the town is something they could ask. She
stated she does not know if there has to be a formal evaluation or if it
could be something as basic as if they are showing up for their job and if
they are doing their job and is the town satisfied with their performance.
She added that could come from the people managing the courts.
Mr. Santos stated he agrees with Ms. Whitley’s suggestions.
Mayor Haynie asked how long a reappointment is. Ms. Kirvin explained
they are every two years. Ms. Kirvin stated there are three judges that
are up for reappointment now and two that will be up for
reappointment in December. She stated when a cap was in place they
lost two very experienced judges at one time so that is why there are
three up for reappointment in July and two in December.
Ms. Whitley asked if the vacancies are publicized so that there are
opportunities for others to apply.
Ms. Kirvin indicated that they are not publicized.
Mr. DeMoura stated approximately eight years ago the selection process
changed from caps and an open process to allowing current judges who
were performing to be able to reapply and be selected.
Ms. Whitley asked if under that process would their term be indefinite.
Mr. DeMoura stated it would unless council did not reappoint an
individual and decided to seek applicants.
Ms. Whitley asked if these were part-time positions.
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June 5, 2018
Page 6 of 8
Mr. DeMoura confirmed they are.
Ms. Whitley stated the process was interesting and favored whoever is
already in place. She asked if the caps referred to how many terms
could be served.
Ms. Kirvin confirmed it did.
Ms. Whitley stated she understood there not being any caps, allowing
individuals who have the experience to serve long term and continue to
serve but does not know why it would not be an open process. She
stated there are other attorneys that could potentially do a good job or
have an opportunity to apply for this rather than it be a foregone
conclusion that until a judge chooses to leave the same people remain
indefinitely. Ms. Whitley stated she would be in favor of the positions
being publicized, that these opportunities are out there and added it
favors the incumbent but still would like there to be an open process.
Mayor Haynie asked if they could receive some information on the
reasons why it became less of a public process. He stated they would all
like to know why it is not as public as it once was. Mayor Haynie asked if
the position is being called a vacancy when there is no one in the seat or
is it being called a vacancy when someone’s term comes up and they
have to be reappointed to fill it.
Ms. Kirvin stated it is called a vacancy when there is no one in that seat.
Mr. Santos stated he was on council when the change regarding caps
took place and it was political. He stated he agreed with Ms. Whitley’s
comments.
Mayor Haynie stated once they receive the requested information they
can discuss this item again at the next committee meeting.
Police, Judicial and Legal Committee
June 5, 2018
Page 7 of 8
Ms. Whitley asked when their position is up for reappointment and if
they need to reappoint at this meeting. Ms. Kirvin stated they did need
to approve the reappointment at this meeting and if approved the
judges would be sworn in at the July council meeting.
Mr. Santos made a motion to approve the reappointments of the three
judges; seconded by Ms. Whitley. All in favor.
6. Legal matters
a. Review of the process for answering Freedom of Information Act
(FOIA) requests.
Mayor Haynie stated item number 6 (a) was done at the request of one
of the council members who is also a committee chairman because it
was affecting his committee. Mayor Haynie explained the council
member was unable to attend and asked that the item be deferred.
Mayor Haynie stated that since it was put on the agenda to help a fellow
council member in their duties as a committee chairman he asked for a
motion that they defer item 6 (a).
Mr. Bustos moved to defer item 6 (a); seconded by Ms. Whitley. All in
favor.
7. Adjourn
There being no further business, the meeting was adjourned at 10:31am.
Minutes submitted by:
Laurie Wilson
06/06/2018
Police, Judicial and Legal Committee
June 5, 2018
Page 8 of 8
Agenda
MOUNT PLEASANT COMMITTEE ASSIGNMENTS
COMMITTEES OF COUNCIL
MEETING NOTICE
Municipal Complex, Committee Meeting Room, 3rd Floor
100 Ann Edwards Lane, Mount Pleasant, SC 29464
Monday, June 4, 2018
Recreation Committee 8:30 a.m.
Bids and Purchases Committee 9:30 a.m.
Planning and Development Committee 10:00 a.m.
Human Resources Committee 11:15 a.m.
Economic Development Committee 12:45 p.m.
Transportation Committee 1:15 p.m.
Tuesday, June 5, 2018
Finance Committee 9:00 a.m.
Police, Judicial, and Legal Committee 9:30 a.m.
The following Committees will not meet:
Education Committee
Fire Committee
Public Services Committee
Water Supply Committee
Title VI Notice: The Town of Mount Pleasant fully complies with Title VI
of the Civil Rights Act of 1964, the Americans with Disabilities Act, and
related statutes and regulations in all programs and activities. Town
meetings are conducted in accessible locations, materials can be
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
provided in accessible formats, and provided in languages other than
English. If you would like accessibility or language accommodation,
please contact the Title VI Coordinator one week in advance of the
meeting, at the Town of Mount Pleasant at 843-884-8517.
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
MOUNT PLEASANT COMMITTEE ASSIGNMENTS
RECREATION COMMITTEE
Monday, June 4, 2018
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 May 1, 2018 meeting and the May 2,
2018 special meeting
2. Public Comments
3. Employee years of service recognition
4. Recognition of Wando High School Boys Varsity Soccer National
Champions
5. Consideration of request from Shem Creek Presbyterian Church for a
one year lease extension for the use of the Darby Building
6. Discussion and possible action with regard to the reconstruction of the
tennis courts on Queen Street
7. Program/projects update
8. Adjourn
Title VI Notice: The Town of Mount Pleasant fully complies with Title VI of
the Civil Rights Act of 1964, the Americans with Disabilities Act, and
related statutes and regulations in all programs and activities. Town
meetings are conducted in accessible locations, materials can be provided
in accessible formats, and provided in languages other than English. If you
would like accessibility or language accommodation, please contact the
Title VI Coordinator one week in advance of the meeting, at the Town of
Mount Pleasant at 843-884-8517.
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
MOUNT PLEASANT COMMITTEE ASSIGNMENTS
BIDS AND PURCHASES COMMITTEE
Monday, June 4, 2018
9:30 a.m.
Municipal Complex, Committee Meeting Room, 3rd Floor
100 Ann Edwards Lane, Mount Pleasant, SC 29464
AGENDA
1. Approval of Minutes from the April 30, 2018 meeting
2. Public Comments
3. Award of contract for the construction of the East Crossing Spillway
repair
4. Award of contract for the conceptual design of the Maritime Port
District Roadway
5. Award of contract for Traffic Signal Installation-Ben Sawyer Boulevard
(SC703) at Center Street/Center Street Extension
6. Award of a contract change order for the design of the Track
Improvements at Town Hall Complex
7. Award of contract for a third-party administrator (TPA) for health
insurance
8. Award of contract for health insurance stop loss coverage
9. Adjourn
Title VI Notice: The Town of Mount Pleasant fully complies with Title VI
of the Civil Rights Act of 1964, the Americans with Disabilities Act, and
related statutes and regulations in all programs and activities. Town
meetings are conducted in accessible locations, materials can be
provided in accessible formats, and provided in languages other than
English. If you would like accessibility or language accommodation,
please contact the Title VI Coordinator one week in advance of the
meeting, at the Town of Mount Pleasant at 843-884-8517.
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
MOUNT PLEASANT COMMITTEE ASSIGNMENTS
PLANNING & DEVELOPMENT COMMITTEE
Monday, June 4, 2018
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 April 30, 2018 meeting and the May 9,
2018 special meeting.
2. Public Comments
3. Review of Planning Commission recommendations from the May 23,
2018 meeting
a. Request to rezone from R-1, Low Density Residential District, to OP,
Office Professional District, one parcel of land, located at 1503
Mathis Ferry Road. TMS #559-00-00-072
4. Update regarding Affordable Housing Task Force/Housing for All
Mount Pleasant
5. Annexation: 2174 Gulf Drive. Request to annex an approximately 0.29
acre tract of land located at 2174 Gulf Drive, identified by TMS No.
577-05-00-006 and depicted on a plat recorded by Charleston County
ROD Office in Plat Book L, Page 73.
6. Annexation: 1152 Graddick Road. Request to annex an approximately
0.25 acre tract of land located at 1152 Graddick Road, identified by
TMS No. 559-00-00-007 and depicted on a plat recorded by Charleston
County ROD Office in Plat Book AP, Page 121.
7. SE Spine Institute - Tree Removal adjacent to Mathis Ferry Road (State
scenic highway) [Per State Law, SECTION 57-23-520, Article 11:
Removal of certain trees prohibited. No trees in excess of a six-inch
caliper located within the highway right-of-way of this scenic highway
Telephone (843) 884-8517 - Fax (843) 856-2180
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may be removed without the permission of the Department of
Transportation upon the recommendation of the governing council of
the Town of Mount Pleasant.]
8. Old Business: Pending Rezonings
a. I’On rezoning (Action Required)
b. National Medal of Honor Museum rezoning (Withdrawal by
Applicant)
9. Staff Updates
a. 2018 Comprehensive Plan Process
b. Accessory Dwelling Units (ADU’s) and Short-Term Rental properties
regulations
c. Proposal to amend the Vegetation and Tree Protection divisions of
Chapter 156 of the Mount Pleasant Code of Ordinances, pertaining
to various sections regarding bufferyard requirements, special
bufferyards including the Critical Line Buffer, and tree protection,
removal and replacement requirements
d. Urban Corridor Overlay District (UCOD) and various ordinance
changes
e. Future Zoning Code Text Amendments (Wireless communications
facilities, signs, etc.)
10. Adjourn
Title VI Notice: The Town of Mount Pleasant fully complies with Title VI of
the Civil Rights Act of 1964, the Americans with Disabilities Act, and
related statutes and regulations in all programs and activities. Town
meetings are conducted in accessible locations, materials can be provided
in accessible formats, and provided in languages other than English. If you
would like accessibility or language accommodation, please contact the
Title VI Coordinator one week in advance of the meeting, at the Town of
Mount Pleasant at 843-884-8517.
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
MOUNT PLEASANT COMMITTEE ASSIGNMENTS
HUMAN RESOURCES COMMITTEE
Monday, June 4, 2018
11:15 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 30, 2018 meeting
2. Public Comments
3. Employee years of service recognition
4. Consideration of updates to the Town of Mount Pleasant Human
Resource Guidelines and implementation of Non-Discriminatory policies
in Town's ordinances
5. Adjourn
Title VI Notice: The Town of Mount Pleasant fully complies with Title VI of
the Civil Rights Act of 1964, the Americans with Disabilities Act, and
related statutes and regulations in all programs and activities. Town
meetings are conducted in accessible locations, materials can be provided
in accessible formats, and provided in languages other than English. If you
would like accessibility or language accommodation, please contact the
Title VI Coordinator one week in advance of the meeting, at the Town of
Mount Pleasant at 843-884-8517.
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
MOUNT PLEASANT COMMITTEE ASSIGNMENTS
ECONOMIC DEVELOPMENT COMMITTEE
Monday, June 4, 2018
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 April 30, 2018 meeting
2. Public Comments
3. Status update on Town efforts to support businesses during the Wando
Bridge closure
4. Review of economic development tour for Town Council members
5. Adjourn
Title VI Notice: The Town of Mount Pleasant fully complies with Title VI
of the Civil Rights Act of 1964, the Americans with Disabilities Act, and
related statutes and regulations in all programs and activities. Town
meetings are conducted in accessible locations, materials can be
provided in accessible formats, and provided in languages other than
English. If you would like accessibility or language accommodation,
please contact the Title VI Coordinator one week in advance of the
meeting, at the Town of Mount Pleasant at 843-884-8517.
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
MOUNT PLEASANT COMMITTEE ASSIGNMENTS
TRANSPORTATION COMMITTEE
Monday, June 4, 2018
1:15 p.m.
Municipal Complex, Committee Meeting Room, 3rd Floor
100 Ann Edwards Lane, Mount Pleasant, SC 29464
AGENDA
1. Approval of Minutes from the April 30, 2018 meeting
2. Public Comments
3. Project review and alignment discussion for Long Point Road
Realignment and Extension
4. Discussion of traffic impacts associated with the expansion of Moultrie
Middle School and the construction of Lucy Beckham High School
5. Discussion regarding the status of the widening of Highway 41
6. Update – ongoing projects
7. Adjourn
Title VI Notice: The Town of Mount Pleasant fully complies with Title VI
of the Civil Rights Act of 1964, the Americans with Disabilities Act, and
related statutes and regulations in all programs and activities. Town
meetings are conducted in accessible locations, materials can be
provided in accessible formats, and provided in languages other than
English. If you would like accessibility or language accommodation,
please contact the Title VI Coordinator one week in advance of the
meeting, at the Town of Mount Pleasant at 843-884-8517.
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
MOUNT PLEASANT COMMITTEE ASSIGNMENTS
FINANCE COMMITTEE
Tuesday, June 5, 2018
9:00 a.m.
Municipal Complex, Committee Meeting Room, 3rd Floor
100 Ann Edwards Lane, Mount Pleasant, SC 29464
AGENDA
1. Approval of Minutes from the May 1, 2018 meeting
2. Public Comments
3. Discussion of federal Crab Bank Renourishment Project
4. Consideration of a grant of easement to SCE&G for the purpose of
installing and maintaining overhead, underground and surface utilities
on property owned by the Town of Mount Pleasant located at 1153 Six
Mile Road (Mount Pleasant Fire Station 4)
5. Request to purchase an undeveloped 0.2 acre property owned by the
Town of Mount Pleasant located near Walt Miller Street
6. Adjourn
Title VI Notice: The Town of Mount Pleasant fully complies with Title VI of
the Civil Rights Act of 1964, the Americans with Disabilities Act, and
related statutes and regulations in all programs and activities. Town
meetings are conducted in accessible locations, materials can be provided
in accessible formats, and provided in languages other than English. If you
would like accessibility or language accommodation, please contact the
Title VI Coordinator one week in advance of the meeting, at the Town of
Mount Pleasant at 843-884-8517.
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
MOUNT PLEASANT COMMITTEE ASSIGNMENTS
POLICE, JUDICIAL & LEGAL COMMITTEE
Tuesday, June 5, 2018
9:30 a.m.
Municipal Complex, Committee Meeting Room, 3rd Floor
100 Ann Edwards Lane, Mount Pleasant, SC 29464
AGENDA
1. Approval of Minutes from the April 3, 2018 meeting
2. Public Comments
3. Employee years of service recognition
4. Police matters
No agenda items
5. Judicial matters
a. Reappointment of Municipal Judges
6. Legal matters
a. Review of the process for answering Freedom of Information Act
(FOIA) requests
7. Adjourn
Title VI Notice: The Town of Mount Pleasant fully complies with Title VI of
the Civil Rights Act of 1964, the Americans with Disabilities Act, and
related statutes and regulations in all programs and activities. Town
meetings are conducted in accessible locations, materials can be provided
in accessible formats, and provided in languages other than English. If you
would like accessibility or language accommodation, please contact the
Title VI Coordinator one week in advance of the meeting, at the Town of
Mount Pleasant at 843-884-8517.
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
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