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Police, Judicial, Legal Committee

Regular Meeting

Mount Pleasant, SC · July 7, 2020

AgendaMinutes

Minutes

TOWN OF MOUNT PLEASANT, SOUTH CAROLINA POLICE, JUDICIAL & LEGAL COMMITTEE Tuesday, July 7, 2020 Municipal Complex, Council Chambers 100 Ann Edwards Lane, Mount Pleasant, SC 29464 Minutes Members Present: Mayor Will Haynie, Chair, Jake Rambo, GM Whitley, Laura Hyatt Staff Present: Eric DeMoura, Chief Ritchie, Laurie Wilson Also Present: David Pagliarini, Corporation Counsel 1. Call to order Mayor Haynie called the meeting to order at 12:32 pm. 2. Approval of Minutes from the June 1, 2020 meeting Mayor Haynie asked that the minutes from June 1, 2020 meeting be approved. Mr. Rambo made the motion for approval of the minutes; seconded by Ms. Whitley. Motion carried unanimously. 3. Public Comments Mr. John Wright of 145 Rose Lane in Mount Pleasant stated that recently he had sent an email to Christine Barrett to forward to the Mayor and Council regarding a resolution that was written last month declaring racism a public health crisis. Mr. Wright stated that as President of the African American Historical Commission the reason for the resolution being brought before the Town is so Council could consider it as an agenda item for next month’s meeting. Mr. John Cecil Evans, Jr. of 15 Vincent Drive in Mount Pleasant stated that he had a recommendation in reference to the noise ordinance and fireworks. Police, Judicial & Legal Committee July 7, 2020 Page 2 of 4 Mr. Evans stated that his suggestion would be to move back the time to 11pm with exceptions for New Year’s Eve. Mr. Evans stated he also wanted to take the opportunity to thank Chief Ritchie for the outstanding work he does as Police Chief for the Town of Mount Pleasant. 4. Police matters No Agenda Items 5. Judicial matters No Agenda Items 6. Legal matters a. Discussion and possible action to amend Town ordinance section 30.35 to allow council participation and voting by electronic means Mayor Haynie stated that Legal had given the Committee the information of what the Town’s current ordinance 30.35 says and the possible amendments that include the different ways this could be amended. Mayor Haynie stated that the way it has been is that Council could vote by telephone or video conference if there was an emergency ordinance. He added that this ordinance would make it possible to vote without an emergency ordinance but there would have to be conditions as described in the examples A, B & C of the handout provided by Legal. (Attachment) Mr. Pagliarini stated this was brought to his attention back in March when the Town initiated an emergency ordinance and as part of that emergency ordinance it permitted the Committee and Council meetings to be held by electronic means. He added that there was nothing in the State code that prevents this and in fact it is the Town’s own ordinance that prevents it. Police, Judicial & Legal Committee July 7, 2020 Page 3 of 4 Mr. Pagliarini went on to describe A, B & C options and discussion followed. Ms. Whitley made the motion to recommend to full council the amendment option C be approved with changes discussed by the Committee. After further discussion there was no second and the motion failed. Discussion continued. Ms. Whitley made the motion to recommend to full council the amendment option C be approved with the addition of a limitation that it by video participation. Mr. Rambo seconded the motion. After further discussion the vote was taken, and in a vote of 3 to 1 the motion passed. b. Discussion of process forward for hiring in-house general counsel Mayor Haynie stated that the Town must discuss Process publicly but by law the Town can discuss Candidates privately. Mr. DeMoura stated that was correct. Mayor Haynie stated he would like to suggest since interviews were done a while ago that when the Committee goes into Executive session that they decide which of any of the candidates they would like to bring back for a second one-on-one interview and discuss any additional applicants who have subsequently applied. Discussion followed. c. Executive session to review applicants for general counsel position and to receive legal advice on a contractual matter regarding the town’s contract for legal representation Ms. Whitley made the motion that the committee enter into Executive session. Mr. Rambo seconded the motion. All present were in favor. Police, Judicial & Legal Committee July 7, 2020 Page 4 of 4 The committee entered into Executive session at 1:07pm. The committee re-convened at 2:15pm. d. Post Executive Session Mayor Haynie stated that no votes or actions were taken but as publicized before the committee could take action on any item that was discussed in Executive session. Ms. Whitley made a motion to have a Special Council Meeting on Friday, July 10, 2020 at 1pm with Executive session to review applicants for General Counsel position and to receive legal advice on a contractual matter with regard to the Town’s contract for legal representation. Ms. Hyatt seconded the motion. All present were in favor. 7. Adjourn There being no further business, the meeting was adjourned at 2:16pm. Minutes submitted by: Lori Gaskin 07/07/2020

Agenda

COMMITTEES OF COUNCIL MEETING NOTICE Municipal Complex, Council Chambers 100 Ann Edwards Lane, Mount Pleasant, SC 29464 Monday, July 6, 2020 Recreation Committee 8:15 a.m. Bids and Purchases Committee 9:30 a.m. Finance Committee 9:45 a.m. Fire Committee 10:30 a.m. Economic Development Committee 11:00 a.m. Planning and Development Committee 11:30 a.m. Tuesday, July 7, 2020 Police, Judicial, and Legal Committee 12:30 p.m. The following Committees will not meet: Education Committee Flood Resilience Committee Human Resources Committee Public Services Committee Transportation 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 RECREATION COMMITTEE Monday, July 6, 2020 8:15 a.m. Municipal Complex. Council Chambers 100 Ann Edwards Lane, Mount Pleasant, SC 29464 AGENDA 1. Call to order 2. Approval of Minutes from the June 1, 2020 meeting 3. Public Comments 4. Review of Recreation Department Baseball/Softball Field Needs Assessment and Discussion Regarding Future Baseball/Softball Facilities 5. Impact of COVID-19 on Recreation Department Programs and Plans for Fall Activities 6. Review and possible action with regard to conceptual plans for a First Responders Memorial at Memorial Waterfront Park 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 BIDS AND PURCHASES COMMITTEE Monday, July 6, 2020 9:30 a.m. Municipal Complex, Council Chambers 100 Ann Edwards Lane, Mount Pleasant, SC 29464 AGENDA 1. Call to order 2. Approval of Minutes from the June 1, 2020 meeting 3. Public Comments 4. Award of contract for Construction Manager at Risk Services for the Public Services Operations Center 5. Award of contract for pipe rehabilitations in the Longpoint, The Groves, and Cooper Estates Subdivisions, along with singular lines in Hidden Cove, Remley’s Point, Brickyard, Carolina Park and the Old Village 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 FINANCE COMMITTEE Monday, July 6, 2020 9:45 a.m. Municipal Complex, Council Chambers 100 Ann Edwards Lane, Mount Pleasant, SC 29464 AGENDA 1. Call to order 2. Approval of Minutes from the May 4, 2020 meeting 3. Public Comments 4. Discussion and possible action with regard to impact fees 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 FIRE COMMITTEE Monday, July 6, 2020 10:30 a.m. Municipal Complex, Council Chambers 100 Ann Edwards Lane, Mount Pleasant, SC 29464 AGENDA 1. Call to order 2. Approval of Minutes from the March 2, 2020 meeting 3. Public Comments 4. Discussion and possible action regarding an Automatic Aid Agreement between the Town of Mount Pleasant and the Town of Sullivan’s Island (Charleston County Mutual Aid Agreement) 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 ECONOMIC DEVELOPMENT COMMITTEE Monday, July 6, 2020 11:00 a.m. Municipal Complex, Council Chambers 100 Ann Edwards Lane, Mount Pleasant, SC 29464 AGENDA 1. Call to order 2. Approval of Minutes from the May 4, 2020 meeting 3. Public Comments 4. Presentation from the @401 East Cooper Incubator Group 5. Update on new businesses in the town year to date 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 PLANNING & DEVELOPMENT COMMITTEE Monday, July 6, 2020 11:30 a.m. Municipal Complex, Council Chambers 100 Ann Edwards Lane, Mount Pleasant, SC 29464 AGENDA 1. Call to order 2. Approval of Minutes from the March 2, 2020 meeting 3. Public Comments 4. Annexations a. A-5-20: 3056 Murduck Drive. Request to annex an approximately 3.98 acre tract of land located at 3056 Murduck Drive, identified by TMS No. 583-00-00-365 and depicted on a plat as Lot 10-C recorded by Charleston County ROD Office in Plat Book EL, Page 22. This property is located off Canyon Lane, east of Highway 41 and adjacent to Cypress Pointe at Dunes West. (This item was referred to Committee from the June 9 Town Council meeting; June annexations were presented directly to Council.) b. A-9-20: 453 Gurley Street. Request to annex an approximately 0.64 acre tract of land located at 453 Gurley Street, identified by TMS No. 556-00-00-315 and depicted on a plat as Lot 4 recorded by Charleston County ROD Office in Plat Book BB, Page 67. This property is located near the northwest corner of Gurley Street and Snowden Road. 5. Review of Planning Commission recommendations from the June 17, 2020 meeting a. Request for Deferral by Applicant --> Rezoning: R-21-20, Needlerush Parkway and Mount Royall Drive. Request to amend the Long Point PD, Planned Development District Ordinance for a 5.98-acre parcel designated as Tract 12 of the PD located near the intersection of Needlerush Parkway and Mount Royall Drive. Telephone (843) 884-8517 - Fax (843) 856-2180 www.tompsc.com The proposed amendment would allow the erection, operation and maintenance of a wireless communications facility including a tower not to exceed 140 feet in height. The property is currently improved with the neighborhood amenity center and soccer fields. b. Rezoning: R-22-20, 1454 North Point Lane (within the Northpoint Subdivision). Request to rezone one parcel approximately 0.34 acres located at 1454 North Point Lane (within the Northpoint Subdivision) from PD, Planned Development District, to R-4, Medium Density Residential District. The Northpoint PD has no adopted ordinance with identified development standards, such as setbacks, lot coverage, etc. The proposed R-4 Town district would provide specific development standards allowing the owner to make necessary improvements. c. Zoning Ordinance Text Amendment: Proposal to amend Sections 156.106, Setbacks and Yard Requirements, and 156.201, Bufferyards, of Chapter 156, Zoning Code, of the Mount Pleasant Code of Ordinances, pertaining to lot line adjustments of existing lots with a designated critical line. Proposed amendments would include an exemption for the establishment of or alteration to the critical line buffer and impervious surface setback from the critical line provided no additional buildable lot is created as a result of any lot line adjustment. d. Zoning Ordinance Text Amendment: Proposal to amend Sections 156.430, Organization, 156.431, Definitions, and 156.432, Powers & Duties, of Chapter 156, Zoning Code, of the Mount Pleasant Code of Ordinances, all pertaining to the Historic District Preservation Commission. Proposed amendments relate to Commission membership and the qualifications for Historic properties and districts. e. Rezoning: R-23-20, 958 Key Colony Court (within the Sullivan’s Pointe Subdivision). Request to rezone one parcel approximately 0.04 acres located at 958 Key Colony Court (within the Sullivan’s Pointe Subdivision) from AB, Areawide Business District, to R-4, Medium Density Residential District. Further is a request to reinstate the overlay district known as the UC-CBS, Coleman-Ben Sawyer Urban Corridor Overlay District then in effect at the time of permit issuance to render the Telephone (843) 884-8517 - Fax (843) 856-2180 www.tompsc.com property compliant with permitted uses and development standards of the same. f. Rezoning: R-24-20, Carolina Park Recreation Center. Request to amend the Carolina Park PD, Planned Development District Ordinance, pertaining to Exhibit C, Carolina Park Land Use Table. Proposed amendment would allow Communication Towers as a Conditional Use in the Carolina Park-Active Park (CPAP) District. This use is currently only allowed in the Carolina Park-Industrial (CPI) District. 6. Discussion and possible action regarding an ordinance to amend the official Building Height Plan Map to correspond with proposed height reductions as described herein and depicted in Exhibit A. (Ord. No. 20014) 7. Discussion and possible action regarding future amendments to the provisions of the existing buffer regulations. 8. Discussion and recommendation regarding revisions to the draft Comprehensive Plan and scheduling of required Public Hearing. 9. Update regarding extended application period for the Settlement Communities Task Force. 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 POLICE, JUDICIAL & LEGAL COMMITTEE Tuesday, July 7, 2020 12:30 p.m. Municipal Complex, Council Chambers 100 Ann Edwards Lane, Mount Pleasant, SC 29464 AGENDA 1. Call to order 2. Approval of Minutes from the June 1, 2020 meeting 3. Public Comments 4. Police matters No agenda items 5. Judicial matters No agenda items 6. Legal matters a. Discussion and possible action to amend Town ordinance section 30.35 to allow council participation and voting by electronic means b. Discussion of process forward for hiring in-house general counsel c. Executive session to review applicants for general counsel position and to receive legal advice on a contractual matter with regard to the Town’s contract for legal representation d. 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. 7. 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

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