Police, Judicial, Legal Committee
Regular MeetingMount Pleasant, SC · June 3, 2019
Minutes
TOWN OF MOUNT PLEASANT, SOUTH CAROLINA
POLICE, JUDICIAL & LEGAL COMMITTEE
Monday, June 4, 2019
Municipal Complex, Committee Meeting Room, 3rd Floor
Minutes
Members Present: Mayor Will Haynie, Chair, Gary Santos, Joe Bustos, G.M.
Whitley
Staff Present: Eric DeMoura, Levica Kirvin, Deputy Chief Stan Gragg
Also Present: David Pagliarini, Corporation Counsel
Mayor Haynie called the meeting to order at 9:27am.
After calling the meeting to order, Mayor Haynie observed a moment of
silence for the citizens and Town Staff of Virginia Beach, Virginia.
1. Approval of Minutes from the May 6, 2019 meeting
Mayor Haynie asked that the minutes from May 6, 2019 meeting be
approved. Mr. Bustos made the motion for approval of the minutes;
seconded by Ms. Whitley. Motion carried unanimously.
2. Public Comments
None.
3. Police matters
a. Employee years of service recognition
Mr. DeMoura stated that the Officer who was to be recognized was out
on Family Medical Leave and requested to postpone the recognition until a
later date.
Mayor Haynie requested the name of the Officer who was to be
recognized.
Deputy Chief Stan Gragg stated that the officer was Lance Landsittel,
who had been with the Police Department for five (5) years. Deputy Chief
stated that Officer Landsittel is very instrumental in the operations of patrol.
Deputy Chief stated that Officer Landsittel is currently assigned to patrol,
but his passion is with Crime Scene and that Officer Landsittel is the next
selection to move into the Crime Scene Evidence unit.
b. Discussion of rideshare safety issues
Mr. DeMoura stated that he, Deputy Chief and the Transportation
Department staff had reviewed the safety issues and Deputy Chief provided
an update to the change in legislation for rideshare drivers and went over
the additional measures rideshare entities had taken to improve safety
measures for riders.
Mr. Santos inquired as to whether or not the Police Department could
implement a designated meeting place for rideshare users that could be well
lit and under video surveillance. Discussion ensued.
Ms. Whitley stated that rideshare services were well utilized because of
their convenience and that designated areas would not likely be used
because it would hinder the convenience of the service.
Mayor Haynie stated that the rideshare companies are in the private sector
and the remedy will likely come from the private sector.
4. Judicial matters
No agenda items
5. Legal matters
a. Approval to waive attorney-client privilege and release
councilmember requests for information
Mr. Santos stated that requests for transparency are being made by the
citizens on social media regarding a report prepared by attorneys that were
hired by the Town to determine whether or not there was an error made in
regard to information released under the Freedom of Information Act. Mr.
Santos stated that the information contained in the report should be made
be released to the public.
Mr. Bustos inquired as to what exactly Mr. Santos thought should be
released. Mr. Santos stated that the report from the attorney should be
released.
Mayor Haynie requested that Mr. Pagliarini come up and discuss the
substance of a current lawsuit against the Town, Brock vs. Town of Mount
Pleasant, 2018-CP-10-3481. Mr. Pagliarini stated that the referenced case
was still a pending matter. Mayor Haynie asked who was representing the
Town in the case and Mr. Pagliarini indicated that, currently, inside counsel
but if the case proceeded, they were prepared to bring in outside counsel to
further assist.
Mr. Pagliarini stated the lawsuit in question was in reference to an
alleged Freedom of Information Act (FOIA) violation from a July 11, 2017
incident. Mayor Haynie asked if the alleged violation contained in the
pending action was the same alleged violation that the report Mr. Santos is
recommending be released addresses. Mr. Pagliarini stated that yes, it was
the same violation addressed in the memo.
Mayor Haynie contends that the report is subject to attorney-client
privilege and should not be released as the report references litigation that
is still pending as the report may contain advice as to whether or not there
was a FOIA violation. Mr. Pagliarini stated that, as counsel for the Town, it is
never advised to release information that is protected under attorney-client
privilege – ever, in any scenario; however, Mr. Pagliarini stated that
ultimately the release of the report would fall to Council to decide.
Mr. Santos made a motion to release the document as stated. Motion
fails for lack of a second.
Mayor Haynie asked if there was a motion to deny the request for
release of information and stated that this matter was put on the full
Council agenda for the following Tuesday and stated that it would be
beneficial for that meeting if there was a recommendation from the Police,
Judicial and Legal Committee.
Mr. Bustos made a motion to recommend full Council deny the request
for release of information; seconded by Ms. Whitley.
Discussion initiated by Mr. Santos regarding the call for transparency
made by citizens on social media. Mr. Santos stated that Council had the
opportunity to show citizens that there was no violation and that Town
attorneys did the right thing. Mr. Santos stated that information is being
withheld from the citizens and they have the right to know.
Mayor Haynie confirms position of Town counsel’s recommendation to
uphold protection of attorney-client information.
Mr. Bustos stated that the residents of the Town expect Council to be
judicious in protecting confidential information while in the middle of a
lawsuit and not expose the Town to additional liability.
Ms. Whitley stated that in regard to being transparent, the Town
records meeting minutes and meetings are open to the public, which
upholds Council’s transparency. Ms. Whitley stated that the report in
question is a legal analysis of a factual situation and the analysis provides
legal advice to Town counsel regarding a current lawsuit. Ms. Whitley stated
that Town counsel has given their position on waiving attorney-client
privilege and that Council should heed their advice. Ms. Whitley stated that
protecting the information does not mean that Council is not being
transparent, but rather they are being good stewards of the information
contained in the analysis.
Mr. Santos reiterated that his position on the release of the report
stems from a call for transparency from the citizens and he would like to
provide citizens with the report to show that Town attorneys did nothing
wrong. Mr. Santos inquired from Mr. Pagliarini as to the potential
ramifications that could ensue by releasing the information as the Plaintiff in
the lawsuit was representing himself therefore keeping legal costs low.
Mr. Pagliarini stated that there should be an update if not at the
upcoming full Council meeting, then by the following.
Mayor Haynie stated that the County of Newberry, South Carolina was
recently fined a substantial amount of money for a FOIA violation so it
would be prudent to take that into consideration and not just the actual
costs of Plaintiff’s legal representation.
Motion to deny passed with a 3-1 vote with Mayor Haynie, Mr. Bustos
and Ms. Whitley in favor; Mr. Santos opposed.
b. Executive Session regarding approval to waive attorney-client
privilege and release councilmember requests for information
Mayor Haynie stated there was no need to go to executive session.
c. Post Executive Session
None.
6. Adjourn
There being no further business, the meeting was adjourned at 9:50AM.
Minutes submitted by:
Jocelyn Campbell
06/04/2019
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 3, 2019
Planning and Development Committee 8:15 a.m.
Police, Judicial, and Legal Committee 9:15 a.m.
Transportation Committee 9:45 a.m.
Economic Development Committee 10:30 a.m.
Tuesday, June 4, 2019
Bids and Purchases Committee 8:30 a.m.
Finance Committee 8:45 a.m.
Recreation Committee 9:45 a.m.
The following Committees will not meet:
Education Committee
Fire Committee
Human Resources Committee
Public Services Committee
Water Supply Committee
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
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 3, 2019
8:15 a.m.
Municipal Complex, Committee Meeting Room, 3rd Floor
100 Ann Edwards Lane, Mount Pleasant, SC 29464
AGENDA
1. Approval of Minutes from the May 6, 2019 meeting
2. Public Comments
3. Employee years of service recognition
4. Annexations
a. Case A-9-19, 518 Coaxum Road, Request to annex a tract of land
located at 518 Coaxum Road, identified by TMS No. 556-00-00-114
and depicted in Plat Book DA, page 261, recorded by the Charleston
County ROD Office
5. Review of Planning Commission recommendations from the May 22,
2019 meeting
a. Proposal to amend Chapter 156 of the Mount Pleasant Code of
Ordinances by removing Telecommunications Towers as a Special
Exception in PI-2, Public Institutional-2 Zoning District, as provided in
Section 156.118, and allowing them as a Conditional Use, subject to
the Conditional Use Provisions in Section 156.117. Also proposed is
to amend Section 156.118 to clarify the language pertaining to
Telecommunications Towers for public or quasi-public service
providers.
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
b. R-12-19, Request to amend the Dunes West PD, Planned
Development District Ordinance, adopted in 1990, to reduce the
number of residential units in Park West by 2,030, from 5,281 to
3,251 units.
c. R-13-19, Request to rezone one parcel from R-1, Single Family
Residential District, to CC, Community Conservation District, located
at 1570 Mathis Ferry Road and known as Grace Bible Church. TMS
No. 559-00-00-080
d. R-14-19, Request to rezone one parcel from NC, Neighborhood
Commercial District, to R-1, Single Family Residential District. Current
CB-OD, Coleman Boulevard Overlay District zoning to remain in
place, located at 1208 Schirmer Avenue. TMS No. 532-07-00-143
e. R-15-19, Request to rezone one parcel from CC, Community
Conservation District, to R-3, Medium Density Residential District
located at 2183 Annie Laura Lane. TMS No. 558-00-00-326
6. Continued discussion of hotels, self-storage facilities, and zoning
regulations
7. Discussion of tree trimming near power lines
8. Review of Draft Comprehensive Plan
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
POLICE, JUDICIAL & LEGAL COMMITTEE
Monday, June 3, 2019
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 May 6, 2019 meeting
2. Public Comments
3. Police matters
a. Employee years of service recognition
b. Discussion of rideshare safety issues
4. Judicial matters
No agenda items
5. Legal matters
a. Approval to waive attorney-client privilege and release
councilmember requests for information
b. Executive Session regarding approval to waive attorney-client
privilege and release councilmember requests for information
c. Post Executive Session
Committee 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.
6. Adjourn
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
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 3, 2019
9:45 a.m.
Municipal Complex, Committee Meeting Room, 3rd Floor
100 Ann Edwards Lane, Mount Pleasant, SC 29464
AGENDA
1. Approval of Minutes from the May 6, 2019 meeting
2. Public Comments
3. Highway 41 Corridor Improvements Update
4. Update on South Carolina Department of Transportation (SCDOT) plans
for weekend lane closures/reversals on the Wando River Bridge
5. Continued discussion of Hobcaw Bluff Drive/Lone Tree Drive Connector
Road
6. Review of All-American Boulevard project and its relation to the Laurel
Grove neighborhood
7. Discussion of Ben Sawyer Bridge closure
8. Update – ongoing projects
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
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
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 3, 2019
10:30 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 6, 2019 meeting
2. Public Comments
3. Update on Business Development Office activities and outreach
4. Mapping of economic and business development properties
5. Update on business license activity and impact fees
6. Summary of Economic Development Panel meeting
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
BIDS AND PURCHASES COMMITTEE
Tuesday, June 4, 2019
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 April 1, 2019 meeting
2. Public Comments
3. Award of a Contract for the Park West Boulevard Widening
4. Award of a Contract for Carolina Park Phase 3 design services
5. Award of a Contract for landscape maintenance services
6. Award of Contract for Health Insurance Stop Loss Coverage
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 4, 2019
8:45 a.m.
Municipal Complex, Committee Meeting Room, 3rd Floor
100 Ann Edwards Lane, Mount Pleasant, SC 29464
AGENDA
1. Approval of Minutes from the May 6, 2019 meeting
2. Public Comments
3. Presentation of the Certificate of Achievement for Excellence in
Financial Reporting
4. Discussion of and possible action on a potential referendum for open
space
5. Request from Thomas and Hutton Engineering to purchase Town
property
6. Discussion and possible action on the Mount Pleasant Waterfront Park
pier extension project
7. Request from The Harbor Entrepreneur Center for financial support
8. Discussion of and possible action to amend Chapter 38 of the Town
procurement code to allow for “pay as you go” financing
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
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
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
RECREATION COMMITTEE
Tuesday, June 4, 2019
9:45 a.m.
Municipal Complex, Committee Meeting Room, 3rd Floor
100 Ann Edwards Lane, Mount Pleasant, SC 29464
AGENDA
1. Approval of Minutes from the May 6, 2019 meeting
2. Public Comments
3. Recognition of the Mount Pleasant Special Olympics Powerlifting and
Swim Teams
4. High level overview presentation of the Recreation Department
5. Program/projects update
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
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