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Police, Judicial, Legal Committee

Regular Meeting

Mount Pleasant, SC · August 5, 2019

AgendaMinutes

Minutes

TOWN OF MOUNT PLEASANT, SOUTH CAROLINA POLICE, JUDICIAL & LEGAL COMMITTEE Monday, August 5, 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, Chief Carl Ritchie, Christine Barrett Also Present: David Pagliarini, Corporation Counsel Mayor Haynie called the meeting to order at 11:36am 1. Approval of Minutes from the July 1, 2019 meeting Mayor Haynie asked that the minutes from July 1, 2019 meeting be approved. Mr. Bustos made the motion for approval of the minutes; seconded by Mr. Santos. Motion carried unanimously. 2. Public Comments Steve Brock of 34 Hopetown Road read a notice from the newspaper regarding a previous agenda item. He stated that agenda items need to be clear and concise to ensure the public is receiving proper notice of what the agenda item will address. He stated that speaking in plain language as opposed to formal jargon will certify that the public is better informed. Mr. Brock proposed having several Town employees read the public notice before it is published in the newspaper to see if, based on what is to be printed, they can convey what will be discussed at the meeting. 3. Police matters No agenda items. 4. Judicial matters No agenda items. 5. Legal matters a. Progress update on efforts to provide more information on council agenda Mr. DeMoura stated that the Town goes above and beyond the standard for providing information to the public; however, he stated that there is always room for growth. Mr. DeMoura detailed that upon receiving information from a citizen, Ms. Barrett devised an easier way for the public to access information. Ms. Barrett stated that starting with August 13, 2019 agenda, links will be provided for the draft ordinances that will be coming up for consideration during council meetings. Upon clicking the ordinance number, citizens will be taken directly to the corresponding draft ordinance. Mr. Santos inquired as to how citizens who do not have computer access will be able to get that same information. Mr. DeMoura stated that should that situation arise, the citizen could come to Town Hall and request a printed copy of the information. Mayor Haynie asked if an abbreviated description in layman’s terms could be added to public notices and agenda items so that the public has a better understanding of what is to be addressed. Mr. Pagliarini stated that over the last 6-8 months in working on their revisions, they have focused on titles and making them more readable and finding a balance between providing too lengthy of a description versus not enough information. b. Update on legislation governing small cell technology Mayor Haynie stated that after attending the Municipal Association Conference in Greenville, he wanted to bring this matter to council’s attention. He stated that if local discretion is limited, which bill H4262 would do, it could negatively impact area aesthetics. Mayor Haynie stated that Myrtle Beach was able to find a middle ground with the utility companies and that he has forwarded a copy of Myrtle Beach’s ordinance on to legal and Council members. Mr. DeMoura stated that staff and legal spent a significant amount of time fashioning an arrangement that would please the utility providers and the Town only to find out about H4262 and how that could halt what they had crafted. Mr. DeMoura stated that they will continue to monitor the bill and work with the Municipal Association. c. Review of local and state laws governing tree trimming around power lines Mayor Haynie commended staff on issuing the stop work order and working out an agreement with utilities. Discussion ensued regarding tree trimming time frames and the potential it would create for cuts to be less drastic. Mr. Bustos stated that residents are expected to uphold certain regulations regarding historic trees, yet Dominion acts on their own accord. Mayor Haynie inquired from legal and Mr. DeMoura as to what role the Town can play in avoiding this scenario come the next cycle of tree trimming. Discussion commenced regarding the path the Town has proposed. d. Discussion and possible action with regard to the US Army Corps of Engineers Crab Bank renourishment project A picture was projected showing the narrow channel, at low tide, that commercial and recreational vessels must stay within as well as Crab Bank, the area for the proposed renourishment project. The Army Corps of Engineers currently plans to dump 880,000 cubic yards of dredged spoil in the Crab Bank area which could have significant ramifications for the Town of Mount Pleasant. Council created a $100,000.00 fund to hire an outside consultant to come up with a working model to minimize the risk to the Town of Mount Pleasant, both for commercial fleets in the federally regulated channel and Hog Island channel for recreational boat traffic. Mayor Haynie led a discussion regarding the model the Town’s consultant came up with and the placement of the dredged spoil being placed back where Crab Bank was originally positioned, not where it has moved now as studies show the Bank moving 50 yards per year. Mr. DeMoura stated that one of the main concerns is that the placement of the dredged spoil will accelerate the connection between Crab Bank and Hog Island which could create dire consequences for the community and Crab Bank including establishing a land bridge which would allow predators access to the Bank. A land bridge would also prevent recreational boaters from being able to get out to the water and would force them into a channel that is already congested, which ultimately creates a safety issue. The consulting group hired by the Town produced an alternative model which was presented to the US Army Corps of Engineers. The Corps then countered the Town’s proposal; however, new depth data has been presented that needs to be reconsidered. The $100,000.00 allotment has been exhausted and it would be an additional $20,000.00 to look at the alternative placement offered by the Corps and revise the Town’s model based on the new depth data information. Doing so would allow the results to be presented to the US Army Corps of Engineers but would also put the Town in a good position should additional action need to be taken. The money could come from a current budget year line item that was allocated for environmental and safety incidentals, which this matter would fall under. Discussion ensued. e. Executive Session to receive legal advice regarding Crab Bank Mayor Haynie stated that rather than going into Executive Session, it was the will of the Committee to direct the Town Administrator to confer with legal to gather all potential legal options. f. Post Executive Session None. 6. Adjourn There being no further business, the meeting was adjourned at 12:10PM. Minutes submitted by: Jocelyn Campbell August 6, 2019

Agenda

MOUNT PLEASANT COMMITTEE ASSIGNMENTS COMMITTEES OF COUNCIL MEETING NOTICE Monday, August 5, 2019 Municipal Complex, Committee Meeting Room, 3rd Floor 100 Ann Edwards Lane, Mount Pleasant, SC 29464 Bids and Purchases Committee 8:30 a.m. Recreation Committee 9:00 a.m. Education Committee 9:30 a.m. Human Resources Committee 10:00 a.m. Transportation Committee 10:30 a.m. Police, Judicial, and Legal Committee 11:15 a.m. Finance Committee 12:45 p.m. Economic Development Committee 1:45 p.m. Planning and Development Committee 2:15 p.m. The following Committees will not meet: 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 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 BIDS AND PURCHASES COMMITTEE Monday, August 5, 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 July 1, 2019 meeting 2. Public Comments 3. Award of lease-purchase financing for vehicles and equipment 4. Award of a contract for two (2) automated side load refuse trucks 5. Award of a contract for one (1) residential refuse packer 6. Award of a contract for athletic uniforms for the Town’s Recreation Department 7. Award of a contract to remove and replace the Queen Street tennis courts 8. Local Vendor Quarterly Report 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 RECREATION COMMITTEE Monday, August 5, 2019 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 June 4, 2019 meeting 2. Public Comments 3. Discussion of field and facility rental fees 4. Program/projects update 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 EDUCATION COMMITTEE Monday, August 5, 2019 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 July 1, 2019 meeting 2. Public Comments 3. Presentation on potential structure of a Town of Mount Pleasant Youth Council 4. 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, August 5, 2019 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 May 6, 2019 meeting 2. Public Comments 3. Presentation regarding staff recruitment and retention 4. 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, August 5, 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 June 3, 2019 meeting 2. Public Comments 3. Consideration of findings and recommendations regarding Stockdale Street 4. Discussion of Long Point Road/Needlerush Parkway roundabout 5. Coleman Boulevard update 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 POLICE, JUDICIAL & LEGAL COMMITTEE Monday, August 5, 2019 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 July 1, 2019 meeting 2. Public Comments 3. Police matters No agenda items 4. Judicial matters No agenda items 5. Legal matters a. Progress update on efforts to provide more information on Council agenda b. Update on legislation governing small cell technology c. Review of local and state laws governing tree trimming around power lines d. Discussion and possible action with regard to the US Army Corps of Engineers Crab Bank renourishment project e. Executive Session to receive legal advice regarding Crab Bank f. 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. Telephone (843) 884-8517 - Fax (843) 856-2180 www.tompsc.com 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 FINANCE COMMITTEE Monday, August 5, 2019 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 July 1, 2019 meeting 2. Public Comments 3. Request for funding to support the National Medal of Honor Heritage Center 4. Discussion and potential action regarding CARTA FY19-20 proposed budget 5. Discussion and potential action regarding parking meters at Memorial Waterfront Park 6. Approval of Mount Pleasant Waterworks State Revolving Fund series ordinance authorizing a water and sewer system parity bond evidencing a loan from the Water Quality Revolving Fund Authority to the Town for sewer improvements 7. Review of Economic Indicators 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 Telephone (843) 884-8517 - Fax (843) 856-2180 www.tompsc.com 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, August 5, 2019 1:45 p.m. Municipal Complex, Committee Meeting Room, 3rd Floor 100 Ann Edwards Lane, Mount Pleasant, SC 29464 AGENDA 1. Approval of Minutes from the July 1, 2019 meeting 2. Public Comments 3. Review of economic development impact of the National Medal of Honor Heritage Center 4. Discussion of impact fee and business license fee rates 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 PLANNING & DEVELOPMENT COMMITTEE Monday, August 5, 2019 2:15 p.m. Municipal Complex, Committee Meeting Room, 3rd Floor 100 Ann Edwards Lane, Mount Pleasant, SC 29464 AGENDA 1. Approval of Minutes from the July 1, 2019 meeting 2. Public Comments 3. Annexations a. A-10-19: Rifle Range Road. Request to annex an approximately 0.017 acre tract of land located on Rifle Range Road, identified as being a part of TMS No. 578-00-00-801 and depicted as New Right-Of-Way Parcels #2 and #3 on a plat recorded by Charleston County ROD Office in Plat Book L18, Page 0411. 4. Review of Planning Commission recommendations from the July 24, 2019 meeting a. R-19-19: 1228 Melvin Bennett Road. Request to rezone one parcel from R-1, Low Density Residential District, to OP, Office Professional District. Also request to include subject parcel in the BOD, Boulevard Overlay District. TMS No. 560-02-00-020 b. R-20-19: 1218-1220 Schirmer Avenue. Request to rezone one parcel from NC, Neighborhood Commercial District, to R-1, Low Density Residential District. Subject parcel is proposed to remain in the BOD, Boulevard Overlay District. TMS No. 532-07-00-142 c. R-18-19: Patriots Point Road. Request to rezone from PD, Planned Development District Ordinance, to WG-C, Cooper River Waterfront Gateway District, a 30.32 acre portion of a larger 162.86 acre tract of Telephone (843) 884-8517 - Fax (843) 856-2180 www.tompsc.com land and amend the official building height Plan map to allow up to 80 feet in building height. TMS No. 517-00-00-001 d. Request approval of an impact assessment and conceptual plan of a 30.32 acre portion of a larger 162.86 acre tract of land, located on Patriots Point Road, known as Patriots Annex. TMS No. 517-00-00- 001 5. Review and potential action regarding a proposed Development Agreement for Patriots Annex 6. Referred from Town Council back to Planning Committee a. An Ordinance to amend Chapter 156, Zoning Code, of the Mount Pleasant Code of Ordinances by adding a new section entitled Short Term Rentals. The purpose of this new section is to define and regulate the use of residential units as short term rentals in order to protect the integrity and character of the Town’s existing neighborhood, as well as the health and safety of occupants of Short Term Rental Units. (Ord. No. 19048) b. An Ordinance to amend Chapter 156 of the Mount Pleasant Code of Ordinances by adding language in Section 156.225(E) to allow payment into the Tree Bank in lieu of planting when the amount cannot be adequately accommodated on site. (Ord. No. 19051) c. An Ordinance to amend the Town of Mount Pleasant Comprehensive Plan 2009-2019 (2014 Update) Future Land Use Map pertaining to an approximately 1.84 acre tract of land comprised of three parcels, located at 1729 Halls Pond Road and 1740 and 1724 LaCannon Lane and depicted on a plat recorded by the Charleston County ROD Office in Plat Book S19, Page 0029 and Book W, Page 145, by changing the land use recommendation from Community Conservation to Commercial. (Ord. No. 19021) 7. Continued discussion of building heights in the Johnnie Dodds and Chuck Dawley portions of the Boulevard Overlay District 8. Adoption: A Resolution providing for the addition of 125 Pitt Street to the List of Historic Properties and Structures located in the Old Village Historic District (Staff Report) 9. Update on Building Permit Allocation System (BPAS) Telephone (843) 884-8517 - Fax (843) 856-2180 www.tompsc.com 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

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