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Police, Judicial, Legal Committee

Regular Meeting

Mount Pleasant, SC · August 31, 2020

AgendaMinutes

Minutes

TOWN OF MOUNT PLEASANT, SOUTH CAROLINA POLICE, JUDICIAL & LEGAL COMMITTEE Monday, August 31, 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 8:46 am. 2. Approval of Minutes from the August 5, 2020 meeting Mayor Haynie asked that the minutes from August 5, 2020 meeting be approved. Ms. Whitley made the motion for approval of the minutes; seconded by Ms. Hyatt. Motion carried unanimously. 3. Public Comments Ms. Michelle Whitbeck of 712 Hibben Grant Boulevard stated she is part of a group striving to organize an association for responsible short term rental owners and as such she supports and thanks the town for enforcing its reasonably current regulations on short term rentals. She added that non- enforcement would only hurt the excellent rental owners and put them in a negative position. 4. Police matters a. Employee Years of service recognition Police, Judicial & Legal Committee August 31, 2020 Page 2 of 5 Chief Ritchie stated that he would like to take a minute to recognize the Mayor and Committee and to thank them for their continuous support throughout 2020. Mayor Haynie stated that he would like to thank Chief Ritchie and his Department. Chief Ritchie stated that he would like to recognize 3 officers for their years of service. Pfc. Lipari for 5 years, FTO Henderson for 5 years and SPO Brown for her 20 years of service. 5. Judicial matters No Agenda Items 6. Legal matters a. Update on Contractual matters regarding current legal representation and negotiations with David Pagliarini as per recent council vote Mayor Haynie stated that he wanted to be clear that items A & B are two separate items. He added that a. is the current contract and b. is the pending contract. Mr. Rambo made the motion that the committee enter into Executive session. Ms. Whitley seconded the motion. All present were in favor. Committee entered into Executive Session at 8:57am. b. Executive session to discuss contractual matters regarding current legal representation and negotiations with David Pagliarini as per recent council vote Committee re-convened at 9:40am. c. Post Executive Session Police, Judicial & Legal Committee August 31, 2020 Page 3 of 5 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. Mayor Haynie stated that during executive session no action was taken, and no votes were cast and there were no motions to follow. d. Overview of services to be performed as part of the economic impact study for the Shem Creek area as a result of the Crab Bank renourishment project Mayor Haynie thanked Mr. DeMoura for engaging a consultant to do this report for the Town as this was voted on by Council overwhelmingly and he was anxious to hear what they would be doing for what was voted for. Mr. DeMoura stated that per Council directive the Town has now engage Dr. Joey Von Nessan, who has a PhD from the University of South Carolina and is an economist with expertise in market forecasting and regional economic analysis. He added that their contract is to study both the short term and long term effects and different scenarios of what could happen if the US Army Corp goes forward with their current plan. Discussion followed. e. Review of town and federal employment and tax guidelines regarding 1099 outside contractors for town services, and review of town regulations regarding security access and use of town facilities for 1099 contractors Mayor Haynie stated that the Town was in discussion of certain contracts and things of which the details cannot be divulged but the question has arisen as to what is a 1099 employee and given that this is a government and public building behind secure doors an those type things what guidelines are in effect for them. Discussion followed. Police, Judicial & Legal Committee August 31, 2020 Page 4 of 5 f. Discussion and possible action with regard to Emergency Ordinance mandating wearing of masks to include the possibility of making it applicable to all retail store; with children under age 12 at the discretion of parents/guardians; and potential of this being a trespass ordinance as was done in the City of Aiken, SC Mayor Haynie stated that the last part was added because of some of the objections that were received at the last emergency meeting when it was passed by a super majority who thought that it was not enforceable but after more research it was found that Aiken made theirs a trespass ordinance. He added that since this is on the agenda for tomorrow, he felt it would be good for the committee to go over some details. Mr. Pagliarini stated that an updated version of the prior ordinance is what is incorporated on the agenda today. He added that this update includes Retail as part of the coverage and the enforcement mechanism which he stated he will go into detail about. Discussion followed. Mr. Rambo made the motion to recommend to full council this emergency ordinance to include the 12 years and under clause and all Retail. Ms. Whitley seconded the motion. All present were in favor. Mr. Rambo made a motion to amend his prior motion to include restaurants and Bars. Ms. Hyatt seconded the motion. All present were in favor. g. Discussion and possible action with regard to fines for violations of ordinances governing signs Council member Santos stated that he added this as he feels there are a tremendous amount of signs that are being put around Mount Pleasant and the Town does have a law about putting signs in rights-of-ways but he feels there are no teeth in the law. Discussion followed. Police, Judicial & Legal Committee August 31, 2020 Page 5 of 5 h. Discussion and possible action on short term rentals and enforcement measures, to include an update on the short term rental program and penalties for violations. Mayor Haynie stated that he gets a good many constituent concerns about short term rentals especially in their neighborhoods. He added that there was someone present today that had a drug overdose in a rental across the street from their house and Police, Fire and ambulance came. Mayor Haynie stated that even the biggest advocates of short term rentals do not want that kind of activity so what has been done is that if a short term rental is operating illegally, it will receive a citation, but then they can apply for their license and just keep on doing the same thing. Mayor Haynie feels that the Town got in on the ground floor of short term rental ordinances and regulations and it will take some time to get it right but still has concerns as there seems to be no downside. He added that it is bad for the community and for the reputable short term rentals. Discussion followed. 7. Adjourn There being no further business, the meeting was adjourned at 10:46am. Minutes submitted by: Lori Gaskin 08/31/2020

Agenda

COMMITTEES OF COUNCIL MEETING NOTICE Municipal Complex, Council Chambers 100 Ann Edwards Lane, Mount Pleasant, SC 29464 Monday, August 31, 2020 (September Committee meetings) Police, Judicial, and Legal Committee 8:45 a.m. Recreation Committee 10:00 a.m. Bids and Purchases Committee 10:45 a.m. Finance Committee 11:00 a.m. Education Committee 11:45 a.m. Economic Development Committee 1:00 p.m. Flood Resilience Committee 1:30 p.m. Planning and Development Committee 2:30 p.m. Tuesday, September 1, 2020 Human Resources Committee 10:45 a.m. Transportation Committee 11:00 a.m. Special Town Council Meeting 1:00 p.m. Agenda to follow separately. The following Committees will not meet: Fire Committee Telephone (843) 884-8517 - Fax (843) 856-2180 www.tompsc.com 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 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 Monday, August 31, 2020 (September Committee meeting) 8:45 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 August 5, 2020 meeting 3. Public Comments 4. Police matters a. Employee years of service recognition 5. Judicial matters No agenda items 6. Legal matters a. Update on contractual matters regarding current legal representation and negotiations with David Pagliarini as per recent council vote b. Executive session to discuss contractual matters regarding current legal representation and negotiations with David Pagliarini as per recent council vote 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. Telephone (843) 884-8517 - Fax (843) 856-2180 www.tompsc.com d. Overview of services to be performed as part of the economic impact study for the Shem Creek area as a result of the Crab Bank renourishment project e. Review of town and federal employment and tax guidelines regarding 1099 outside contractors for town services, and review of town regulations regarding security access and use of town facilities for 1099 contractors f. Discussion and possible action with regard to Emergency Ordinance mandating wearing of masks to include the possibility of making it applicable to all retail stores; with children under age 12 at the discretion of parents/guardians; and potential of this being a trespass ordinance as was done in the City of Aiken, SC. g. Discussion and possible action with regard to fines for violations of ordinances governing signs h. Discussion and possible action on short term rentals and enforcement measures, to include an update on the short term rental program and penalties for violations 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 RECREATION COMMITTEE Monday, August 31, 2020 (September Committee meeting) 10:00 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 August 4, 2020 meeting 3. Public Comments 4. Employee years of service recognition 5. Discussion and possible action with regard to implementing paid parking at Memorial Waterfront Park and other Town owned parks and facilities 6. Discussion on facility rental fees 7. Report on Fall Special Events 8. Program/projects update 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 BIDS AND PURCHASES COMMITTEE Monday, August 31, 2020 (September Committee meeting) 10:45 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 July 6, 2020 meeting 3. Public Comments 4. Award of bid to replace elevator at Alhambra Hall 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 FINANCE COMMITTEE Monday, August 31, 2020 (September Committee meeting) 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 August 4, 2020 meeting 3. Public Comments 4. Presentation of the Certificate of Achievement for Excellence in Financial Reporting 5. Discussion and possible action regarding Business License Tax 6. Approval of a Resolution providing a local match for a Municipal Association of South Carolina (MASC) hometown economic development grant 7. Acceptance of the 2020 Port Security Grant Program to purchase a replacement quick response rescue boat for the Fire Department 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 EDUCATION COMMITTEE Monday, August 31, 2020 (September Committee meeting) 11:45 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 March 2, 2020 meeting 3. Public Comments 4. Update from Charleston County School District regarding plans for the 2020-2021 school year 5. Discussion of Mount Pleasant Youth Council 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 ECONOMIC DEVELOPMENT COMMITTEE Monday, August 31, 2020 (September Committee meeting) 1:00 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 August 4, 2020 meeting 3. Public Comments 4. Approval of a Resolution providing a local match for a Municipal Association of South Carolina (MASC) hometown economic development grant 5. Updates regarding economic development and business development 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 FLOOD RESILIENCE COMMITTEE Monday, August 31, 2020 (September Committee meeting) 1:30 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 August 4, 2020 meeting 3. Public Comments 4. Presentation, questions and answers with Thomas S. Mullikin, Chairman, South Carolina Floodwater Commission 5. Review of flooding incidence statistics around town, specifically on frequent trouble spots not included in proposed Old Village drainage basins targeted for improvement 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, August 31, 2020 (September Committee meeting) 2:30 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 August 4, 2020 meeting 3. Public Comments 4. Old Business a. A-10-20: 1240 Six Mile Road. Request to annex an approximately 11.54 acre tract of land located at 1240 Six Mile Road, identified by TMS No. 558-00-00-130 and depicted on a plat as Lot 24 recorded by Charleston County ROD Office in Plat Book W, Page 115. (associated with rezoning case R-29-20) deferred from August Planning Committee b. Rezoning Case: R-29-20, 1240 Six Mile Road. This petition is to apply initial Town zoning of R-4, Medium Density Residential District, an approximately 11.54-acre tract of land located off Six Mile Road and known as Watts Mobile Home Park. This petition does not include a request to be included in the SB-OD, Sweetgrass Basket Overlay District. Current Zoning is S-3, Special Management-3 District and OD-MP-SBA, Mount Pleasant Overlay District in Charleston County. Ownership and Property Identification: Watts Park Inc. 1240 Six Mile Road. TMS No. 558- 00-00-130. Deferred from August Planning Committee Telephone (843) 884-8517 - Fax (843) 856-2180 www.tompsc.com 5. Review of Annexations & Planning Commission recommendations from the August 19, 2020 meeting a. Annexation Case: A-13-20, 509 Long Point Road. Request to annex an approximately 3.93 acre tract of land located at 509 Long Point Road, identified by TMS No. 537-00-00-005 and depicted on a plat as Lot 5-C recorded by Charleston County ROD Office in Plat Book BG, Page 178. b. Rezoning Case: R-30-20, 509 Longpoint Road, TMS No. 537-00- 00-005. This petition is to zone LI, Light Industrial District, an approximately 3.93-acre tract of land located on the corner of Long Point Road and Shipping Lane. Proposed is to redevelop the property with a Speedway fuel and convenience store facility. c. Rezoning Case: R-31-20, 904 Old Georgetown Road, TMS No. 532-03-00-106. This petition is to remove an approximately 0.23- acre tract of land from the Coleman Boulevard Overlay District (CB-OD) and instead include it in the Chuck Dawley Boulevard Overlay District (CD-BOD). The underlying AB, Areawide Business District zoning designation is to remain the same. The property is improved with a dental office and, if approved, proposed is to do landscape improvements comparable to the adjacent medical office use in the County. d. Rezoning Case: R-32-20, 645 Coleman Boulevard, TMS No. 532- 02-00-030. This petition is to rezone from AB, Areawide Business District, to PI-1, Public Institutional-1 District, an approximately 14.26-acre tract of land located on Coleman Boulevard and known as Moultrie Middle School. Property is to remain in the BOD, Boulevard Overlay District. The proposed PI- 1 would prohibit a communications tower for the purpose of commercial use of a private company from locating on site. e. Proposal to amend Section 156.329 of Chapter 156, Zoning Code, of the Mount Pleasant Code of Ordinances, pertaining to Temporary Uses. Proposed is to amend the number of permits and timeframes for such uses, the zoning districts in which they are allowed, and to include certain additional uses on a longer term or semi-permanent basis than currently allowed. Telephone (843) 884-8517 - Fax (843) 856-2180 www.tompsc.com 6. Discussion of Comprehensive Plan related to residential uses in designated “Redevelopment Centers” and other minor wording changes identified at the August 11 Council meeting 7. Discussion and possible action on short term rentals and enforcement measures, to include an update on the short term rental program 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 HUMAN RESOURCES COMMITTEE Tuesday, September 1, 2020 10:45 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 August 4, 2020 meeting 3. Public Comments 4. Employee years of service recognition 5. Discussion and possible action with regard to the Order of the Gavel 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 TRANSPORTATION COMMITTEE Tuesday, September 1, 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 August 4, 2020 meeting 3. Public Comments 4. Presentation by Charleston County regarding HWY 41 alternatives, including history and background of Town of Mount Pleasant requests and actions 5. Update on Maritime Port District transportation improvements, including possible use of surplus Tax Increment Financing (TIF) funds as per recent Council information/discussion 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

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