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Police, Judicial, Legal Committee

Regular Meeting

Mount Pleasant, SC · December 2, 2019

AgendaMinutes

Minutes

TOWN OF MOUNT PLEASANT, SOUTH CAROLINA POLICE, JUDICIAL & LEGAL COMMITTEE Monday, December 2, 2019 Municipal Complex, Committee Meeting Room, 3rd Floor Minutes Members Present: Mayor Will Haynie, Chair; Laura Hyatt, Jake Rambo, G.M. Whitley Staff Present: Eric DeMoura, Town Administrator; Laurie Wilson, Deputy Court Administrator; Chief Carl Ritchie, Police Chief Also Present: David Pagliarini, Corporation Counsel Mayor Haynie called the meeting to order at 10:02AM 1. Approval of Minutes from the September 30, 2019 meeting Mayor Haynie asked that the minutes from September 30, 2019 meeting be approved. Ms. Whitley made the motion for approval of the minutes; seconded by Mr. Rambo. Motion carried unanimously. 2. Public Comments Sarah Church with Sullivan’s Island Town Council, expressed concerns regarding plastic pollution. She discussed the measures that Sullivan’s Island Town Council is taking to combat pollution. She stated that at every high tide, they have nurdles washing up on the beach. She encouraged the Town to start monitoring the amount of nurdles washing up in the water areas. She also stated that the Sullivan’s Island Town Council would be interested in taking a united front with the Town of Mount Pleasant. Glenn Cowden, 737 Bloomfield Drive, Mount Pleasant, stated that he believes the Town’s legal counsel has not given the right answers at all times and it has cost the Town of Mount Pleasant. He recommended that the Town change its current legal representation. He stated that he believes that there should be in-house legal representation. Kevin Cunnane, 3032 River Vista Way, Mount Pleasant, stated that Town Council members should be subject to a social media conduct policy and he would encourage it to be taken more seriously. He expressed that Councilwoman Whitley, or another lawyer, should be who Council looks to regarding whether to replace the Town’s current legal representation and then provided examples of who not to listen to. He stated that he has not heard any attorney indicate that the Town’s current legal representation is not good. Pat Sullivan, 1002 Plantation Court, Mount Pleasant, implored Council to do their due diligence prior to making any changes to the current legal team. She asked that Council look at what the ultimate cost would be to the Town to terminate the contract with the current Law Firm. Gary Santos, 1690 Greystone Boulevard, Mount Pleasant, stated that he has had the opportunity to serve under in-house attorneys and the current legal team. He stated that current legal representation has does an excellent job and has saved the Town millions of dollars and that he is not in favor of changing legal counsel. 3. Police matters a. Employee years of service recognition Chief Ritchie recognized Detective Thomas Scott for his five (5) years of service. He stated that Detective Scott’s time with the Mount Pleasant Police Department has been incredibly productive. Last year, there were not enough Field Training Officers for all of the new hires that the police department acquired. As a result, they relied on seasoned Officers to work with the trainees; Detective Scott was one of those Officers that the department looked to. Recently, Detective Scott was the lead detective on a very significant case in the Town and because of his hard work, there have been arrests made in the case. Chief Ritchie also recognized Narcotic Detective Joe-Sam Hogan for his five (5) years of service. Due to the sensitivity of his position, Detective Hogan was not able to be present. Chief Ritchie stated that Detective Hogan worked hard in the Patrol Division to ascertain his current position in Narcotics. He stated that Detective Hogan’s great work is making an impact in the realm of the fight against opioid addiction. 4. Judicial matters No agenda items. 5. Legal matters a. Discussion and possible action with regard to establishing a Flood and Resilience Committee of Council Discussion led by Mayor Haynie regarding information he brought back from the meeting that was held in Charleston. Mayor Haynie asked the Committee if there was a motion to establish a standing Flood Resilience Committee. Mr. Rambo so moved; seconded by Ms. Whitley. Discussion ensued. Motion passes; all in favor. b. Discussion and possible action regarding Town Council Code of Conduct Discussion led by Ms. Whitley and she deferred to Corporate Counsel, David Pagliarini, regarding what guidelines are currently in place. No motion was made. c. Discussion involving efforts to protect Mount Pleasant waterways from nurdle spills Ms. Whitley introduced Andrew Wunderley with Charleston Waterkeepers to the floor for a presentation. Mr. DeMoura indicated that Ms. Barbara Melvin, Chief Operating Officer with the South Carolina Ports Authority, would be presenting after Mr. Wunderley. Presentation by Andrew Wunderley, Charleston Waterkeeper. Presentation by Barbara Melvin, COO for South Carolina Ports Authority. Discussion between Committee and Ms. Melvin. d. Discussion and possible action regarding the humane confinement of dogs Discussion led by Ms. Whitley in reference to the work she has been doing with the Director for the South Carolina Humane Society regarding proposed tethering rules about for the humane confinement of dogs as well as implementing a Good Samaritan rule. Mayor Haynie inquired from Chief Ritchie as to whether there were currently any ordinances in place. Discussion ensued. Mr. Rambo asked if there was a proposed ordinance that he could review. Ms. Whitley indicated that the ordinance had been sent prior to his election to Council. For that reason, Ms. Whitley requested to defer this matter to next month so that full Council would have a chance to review. e. Approval to amend the bylaws governing the Culture, Arts & Pride Commission (CAP) to allow for one non-resident seat Mr. Rambo so moved; seconded by Ms. Whitley. Motion carried unanimously. f. Executive Session to discuss a contractual matter involving the Town’s contract for legal representation Mayor Haynie stated, as notice to the public, the committee may take action on any item listed on an executive session agenda or discussed in an executive session during a properly noticed meeting. Mr. Rambo moved to go into executive session to discuss a contractual matter involving the Town’s contract for legal representation; seconded by Ms. Whitley. All in favor. Executive session commenced at 10:55am and ended at 11:10. g. Post Executive Session Mayor Haynie stated no action was taken and no votes were cast during the executive session; however, there may be a motion resulting from information shared. Mr. Rambo made a motion to direct the Town Administrator to proceed as discussed in executive session; seconded by Ms. Hyatt. Motion carried unanimously. 6. Adjourn There being no further business, the meeting was adjourned at 11:10AM. Minutes submitted by: Jocelyn Campbell December 4, 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, December 2, 2019 Recreation Committee 8:30 a.m. Education Committee 9:15 a.m. Police, Judicial, and Legal Committee 9:45 a.m. Finance Committee 10:45 a.m. Special Council Meeting 12:30 p.m. Council Chambers Transportation Committee 1:00 p.m. Bids and Purchases Committee 2:00 p.m. Public Services Committee 2:15 p.m. Tuesday, December 3, 2019 Water Supply Committee 10:00 a.m. Planning and Development Committee 10:30 a.m. The following Committee will not meet: Economic Development Committee Human Resources Committee Fire 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 RECREATION COMMITTEE Monday, December 2, 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 November 4, 2019 meeting 2. Public Comments 3. Discussion of a recreation foundation for the Town of Mount Pleasant 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, December 2, 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 November 4, 2019 meeting 2. Public Comments 3. Discussion regarding the approval process for cell towers on school property 4. Discussion of and possible action to recommend to Council a resolution supporting legislation to ban vape pods 5. Recognition of Alive at 25, a safe driving program at Wando High School 6. Presentation from Be Smart, a program promoting gun safety 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, December 2, 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 September 30, 2019 meeting 2. Public Comments 3. Police matters a. Employee years of service recognition 4. Judicial matters No agenda items 5. Legal matters a. Discussion and possible action with regard to establishing a Flooding and Resilience Committee of Council b. Discussion and possible action regarding Town Council Code of Conduct c. Discussion involving efforts to protect Mount Pleasant waterways from nurdle spills d. Discussion and possible action regarding the humane confinement of dogs e. Approval to amend the bylaws governing the Culture, Arts & Pride Commission (CAP) to allow for one non-resident seat f. Executive Session to discuss a contractual matter involving the Town’s contract for legal representation Telephone (843) 884-8517 - Fax (843) 856-2180 www.tompsc.com g. 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 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, December 2, 2019 10:45 a.m. Municipal Complex, Committee Meeting Room, 3rd Floor 100 Ann Edwards Lane, Mount Pleasant, SC 29464 AGENDA 1. Approval of Minutes from the November 4, 2019 meeting 2. Public Comments 3. Employees of the month 4. Presentation of the Town of Mount Pleasant fiscal year 2019 independent audit 5. Discussion regarding the creation of a fund for the purpose of collecting donations for a Cultural Arts Center 6. Presentation of fiscal year 2019 impact fees 7. Discussion and possible action to support a municipal petition against House Bill H4431 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 TOWN COUNCIL Special Council Meeting Monday, December 2, 2019, 12:30 p.m. Council Chambers, Mount Pleasant Municipal Complex 100 Ann Edwards Lane, Mount Pleasant, SC 29464 AGENDA I. Call to Order II. Public Comment III. Overview of active threat (Avoid, Deny, Defend) IV. Executive Session for review of building security and evacuation procedures V. 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. VI. 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, December 2, 2019 1:00 p.m. Municipal Complex, Committee Meeting Room, 3rd Floor 100 Ann Edwards Lane, Mount Pleasant, SC 29464 AGENDA 1. Approval of Minutes from the September 30, 2019 meeting 2. Public Comments 3. Request to demand repayment of the Town’s expenditures on design to move the road and utilities, and any other expenses the Town has incurred, from the Medal of Honor Museum Foundation after their decision to build the museum in another location 4. Status report and discussion of speed hump applications for Morrison Street, King Street, and Bank Street 5. Discussion and possible action regarding a sidewalk adjacent to Von Kolnitz Road 6. Consideration and possible action with regard to an encroachment permit application for 101 Mary Street 7. Update – ongoing projects 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 Telephone (843) 884-8517 - Fax (843) 856-2180 www.tompsc.com 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, December 2, 2019 2:00 p.m. Municipal Complex, Committee Meeting Room, 3rd Floor 100 Ann Edwards Lane, Mount Pleasant, SC 29464 AGENDA 1. Approval of Minutes from the November 4, 2019 meeting 2. Public Comments 3. Award of Agreements for On-Call Professional Engineering Consulting Services for Public Services 4. Award of a Contract for the Mount Pleasant Way Multi-use Path Feasibility and Design Study 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 PUBLIC SERVICES COMMITTEE Monday, December 2, 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 September 30, 2019 meeting 2. Public Comments 3. Employee years of service recognition 4. Discussion of process to acquire SCDOT surplus property, and possible action to authorize staff to acquire the same, located near the Hungryneck Boulevard/Highway 17 Interchange for possible for the purpose of creating a memorial site 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 WATER SUPPLY COMMITTEE Tuesday, December 3, 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 April 23, 2019 meeting 2. Public Comments 3. Briefing from Mount Pleasant Waterworks 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 PLANNING & DEVELOPMENT COMMITTEE Tuesday, December 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 November 4, 2019 meeting 2. Public Comments 3. Old Business a. An Ordinance 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 District, as provided in Section 156.118, and allowing them as a Conditional Use, subject to the Conditional Use provisions in Page 41 of 48 Section 156.117. Also proposed is to amend Section 156.118 to clarify language pertaining to Telecommunications Towers for Public and Quasi-Public Service Providers. (Ord. No. 19045) 4. Annexations a. A-20-19: 3709 River Station Court. Request to annex an approximately 0.54 acre tract of land (0.61 acres according to Charleston County Tax Records) located at 3709 River Station Court, identified by TMS No. 596-08-00-052 and depicted on a plat as Lot 50, Block A recorded by Charleston County ROD Office in Plat Book EA, Page 87. Telephone (843) 884-8517 - Fax (843) 856-2180 www.tompsc.com 5. Review of Planning Commission recommendations from the November 20, 2019 meeting a. Rezoning, R-27-19: 1242 White Flat Road. Request to rezone 0.26 acres from R-1, Low Density Residential District, to NC, Neighborhood Commercial District. TMS No.: 517-11-00-001 6. Discussion of possible reduction of existing 80-foot building height limits to 65 feet in the Boulevard Overlay District and the Waterfront Gateway District; affected areas are near the base of the Ravenel Bridge (in the vicinity of Johnnie Dodds Blvd, Wingo Way, Magrath Darby Blvd, Mathis Ferry Rd and Houston Northcutt Blvd) and near the US17/I-526 interchange (Johnnie Dodds Blvd, Bowman Road, and Stuart Engals Blvd) 7. Discussion of potential changes to the zoning code to change the qualifying criteria for the designation of historic districts to include the character and/or pattern of land development 8. Discussion of settlement communities task force 9. Comprehensive Plan discussion 10. Presentation from Housing For All – Mount Pleasant 11. 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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