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Police, Judicial, Legal Committee

Regular Meeting

Mount Pleasant, SC · October 5, 2020

AgendaMinutes

Minutes

TOWN OF MOUNT PLEASANT, SOUTH CAROLINA POLICE, JUDICIAL & LEGAL COMMITTEE Monday, October 5, 2020 9:45 a.m. Municipal Complex, Council Chambers 100 Ann Edwards Lane, Mount Pleasant, SC 29464 Minutes Members Present: Mayor Will Haynie, Chair; Laura Hyatt, Jake Rambo, G.M. Whitley Staff Present: Eric DeMoura, Town Administrator; LeVica Kirvin, Court Administrator; Carl Ritchie, Police Chief; Jeff Ulma, Planning Director; David Pagliarini, General Counsel 1. Call to order Mayor Haynie called the meeting to order at 9:54AM. 2. Approval of Minutes from the August 31, 2020 meeting Mayor Haynie asked that the minutes from August 31, 2020 meeting be approved. Ms. Whitley made the motion for approval of the minutes; seconded by Ms. Hyatt. Motion carried unanimously. 3. Public Comments Jennifer Crouse of 74 Vincent Drive in Mount Pleasant stated that she was there to discuss the Short Term ordinance and how it would affect her rental at 74 Vincent Drive. She stated that, due to the lack of work caused by COVID-19, she had been renting the home to generate income. She stated she recently discovered complaints were being made regarding the noise levels at the home and was at the meeting to discover what action she needs to take. Police, Judicial & Legal Committee October 5, 2020 Page 2 of 5 Following public comments, Mr. Rambo requested a moment of silence be observed for the Myrtle Beach Police Officer, Jacob Hancher, who was killed in the line of duty over the weekend. 4. Police Matters a. Employee years of service recognition Chief Ritchie recognized Senior Patrol Officer and SRO (School Resource Officer) Jermaine Gilliard for his twenty (20) years of service. He stated that SRO Gilliard is who he thinks of when he thinks of a public servant. He stated that SRO Gilliard was born and raised in Mount Pleasant, this is his community. Chief Ritchie stated that after graduating from the local high school, SRO Gilliard went off to college and returned to serve his community at the Town of Mount Pleasant’s Police Department. In addition to serving the Town at the police department, he remains active at his church and coached football with Chief Ritchie. Chief Ritchie stated that SRO Gilliard had the opportunity to work in many different areas in the agency but has always chosen to go back to School Resource Officer where he mentors and cares for the students. Chief Ritchie stated that not only is SRO Gilliard an ambassador for the police department, but also for the Town of Mount Pleasant. 5. Judicial matters a. See item 7a. Mayor Haynie stated that item 7a would be discussed in Executive Session. Police, Judicial & Legal Committee October 5, 2020 Page 3 of 5 6. Legal matters a. Discussion and possible action regarding penalties for non- compliance with Short Term Rental ordinance (Ord No. 190148) Discussion initiated by Mayor Haynie regarding the new Town Ordinance that went into effect January 1, 2020. Jeff Ulma and David Pagliarini discussed, at length, the potential ramifications for non- compliance with the Short Term Rental ordinance and the feedback they have received and potential improvements that could be made to the ordinance. Mayor Haynie thanked Mr. Ulma and Mr. Pagliarini for the information and questions ensued from Committee members. Mayor Haynie requested that Mr. Ulma and Mr. Pagliarini draft proposed language to be reviewed at next month’s meeting as the Committee was not prepared to take action at today’s meeting. b. Discussion and possible action with regard to legal consequences for individuals who deliver false names and addresses at public meetings Ms. Whitley brought this matter to Committee based on information that she received after a Council Meeting from a citizen regarding false information given during public comment. Ms. Whitley made a motion to draft language that makes it a One- Hundred Dollar ($100.00) civil fine to provide false information at public meetings; seconded by Ms. Hyatt. Discussion followed. Discussion between Committee members and Staff regarding penalty, posting of the Ordinance and enforcement. Police, Judicial & Legal Committee October 5, 2020 Page 4 of 5 Ms. Whitley amended her motion to draft language that makes it a One-Hundred Dollar ($100.00) civil fine to provide false information at public meetings and require proof of residency prior to making public comment, effective January 1, 2021; seconded by Ms. Hyatt. Motion carried unanimously. c. Discussion and possible action to extend Emergency Ordinance to permit temporary structures for certain civic events (Ord. No. 20050) Ms. Whitley made a motion approve extension of Emergency Ordinance to permit temporary structures for certain civic events. Discussion between Committee members and Staff. Ms. Whitley withdrew her motion. Further discussion between Committee members and Staff. d. Discussion with regard to staffing of Legal Department Discussion initiated by Mayor Haynie regarding the General Counsel position and potential requirement under that contract to hire an Assistant Attorney and other personnel. 7. Executive Session a. Executive session to discuss a personnel matter with regard to the Court Administrator b. Executive session to receive legal advice regarding potential litigation involving John Ballem Road Police, Judicial & Legal Committee October 5, 2020 Page 5 of 5 Ms. Whitley moved to go into executive session to discuss a personnel matter with regard to the Court Administrator and receive legal advice regarding potential litigation involving John Ballem Road; seconded by Mr. Rambo. All in favor. Mayor Haynie stated that the 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. Executive session commenced at 10:47AM and ended at 11:09AM. c. Post executive session Mayor Haynie stated no action was taken and no votes were cast during the executive session; further, no motions arose from conversations held in executive session. 7. Adjourn There being no further business, the meeting was adjourned at 11:09AM. Minutes submitted by: Jocelyn Campbell October 7, 2020

Agenda

COMMITTEES OF COUNCIL MEETING NOTICE Municipal Complex, Council Chambers 100 Ann Edwards Lane, Mount Pleasant, SC 29464 Monday, October 5, 2020 Recreation Committee 8:30 a.m. Police, Judicial, and Legal Committee 9:45 a.m. Economic Development Committee 11:00 a.m. Flood Resilience Committee 12:15 p.m. Transportation Committee 1:00 p.m. Water Supply Committee 2:15 p.m. Planning and Development Committee 3:00 p.m. The following Committees will not meet: Bids and Purchases Committee Education Committee Finance Committee Fire Committee Human Resources Committee Public Services 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 RECREATION COMMITTEE Monday, October 5, 2020 8:30 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 August 31, 2020 meeting 3. Public Comments 4. Discussion and possible action regarding the naming of the boardwalk at Shem Creek 5. Approval to create a capital fund account to house donations for the Maritime Heritage Center 6. Recognition of National Arts and Humanities Month and of award recipient 7. Review of Memorial Waterfront Park Phase 3 options and cost estimates 8. Discussion regarding future funding for Mount Pleasant Recreation Department Capital Improvement Projects 9. Discussion of a voter referendum to support public recreation 10. Program/projects update 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 POLICE, JUDICIAL & LEGAL COMMITTEE Monday, October 5, 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 August 31, 2020 meeting 3. Public Comments 4. Police matters a. Employee years of service recognition 5. Judicial matters a. See item 7a. 6. Legal matters a. Discussion and possible action regarding penalties for non- compliance with Short Term Rental ordinance (Ord No. 19048) b. Discussion and possible action with regard to legal consequences for individuals who deliver false names and addresses at public meetings c. Discussion and possible action to extend Emergency Ordinance to permit temporary structures for certain civic events (Ord. No. 20050) d. Discussion with regard to staffing of Legal Department 7. Executive Session a. Executive session to discuss a personnel matter with regard to the Court Administrator b. Executive session to receive legal advice regarding potential litigation involving John Ballem Road c. Post Executive Session Telephone (843) 884-8517 - Fax (843) 856-2180 www.tompsc.com 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 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 ECONOMIC DEVELOPMENT COMMITTEE Monday, October 5, 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 31, 2020 meeting 3. Public Comments 4. Employee years of service recognition 5. Discussion of vacant property list and potential businesses 6. Executive session with regard to the performance of an economic development incentive grant 7. 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 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 FLOOD RESILIENCE COMMITTEE Monday, October 5, 2020 12:15 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 31, 2020 meeting 3. Public Comments 4. Discussion of next steps to funding drainage improvements in light of the mileage rate approved by Council 5. Discussion of tiered rate stormwater fees 6. Discussion regarding the potential purchase through voluntary sale of flood prone properties 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 TRANSPORTATION COMMITTEE Monday, October 5, 2020 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 September 1, 2020 meeting 3. Public Comments 4. Employee years of service recognition 5. Presentation by CARTA with regard to beach shuttle proposal 6. Mount Pleasant Way Master Plan update 7. Long Point Road and Mathis Ferry Road Corridor Management Plan update 8. Review and possible action with regard to Port District transportation improvements 9. Discussion of a possible Council resolution to Charleston County recommending a compromise version of Alternate 1 of Hwy 41 through Phillips Community 10. Citizen presentation regarding the historic perspective of the 2006 task force findings as it pertains to Hwy 17 and the Seven Mile Community 11. Update – ongoing projects 12. 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 Telephone (843) 884-8517 - Fax (843) 856-2180 www.tompsc.com 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 WATER SUPPLY COMMITTEE Monday, October 5, 2020 2:15 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 March 3, 2020 meeting 3. Public Comments 4. Mount Pleasant Waterworks project updates 5. Discussion and possible action related to Town Code of Ordinances Chapter 51 and annexation requirements for sewer service (Map 1) (Map 2) 6. Executive session to receive legal advice related to Town Code of Ordinances Chapter 51 and annexation requirements for sewer service 7. 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. 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 PLANNING & DEVELOPMENT COMMITTEE Monday, October 5, 2020 3:00 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 31, 2020 meeting 3. Public Comments 4. Old Business a. 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. (deferred from July Planning Committee) b. 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 (& September) Planning Committee meetings) c. 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: draft Planning Committee August 31, Telephone (843) 884-8517 - Fax (843) 856-2180 www.tompsc.com 2020 Page 3 of 5 Watts Park Inc. 1240 Six Mile Road. TMS No. 558-00-00-130. (Deferred from August (& September) Planning Committee meetings) 5. Annexations a. A-14-20: 2841 Parkers Island Road. Request to annex an approximately 3.95 acre tract of land located at 2841 Parkers Island Road, identified by TMS No. 583-00-00-369 and depicted on a plat recorded by Charleston County ROD Office in Plat Book EG, Page 488. 6. Review of Planning Commission recommendations from the September 23, 2020 meeting a. Rezoning, R-33-20, Request rezone from AB, Areawide Business District, to AB2, Areawide Business-2 District, an approximately 14.59-acre (according to Charleston County Tax Records) tract of land comprised of eight parcels, located off Highway 17 North. TMS No.’s 598-00-00-008, 598-00-00-010 through -012, 598- 00-00-018, 598-00-00-020, 598-00-00-025 and 598-00-00- 059. b. Rezoning R-34-20, Request to amend the Gregorie Ferry Landing PD-MU-SR, Planned Development-Mixed Use Suburban-Rural District, (Ordinance No. 06082, as amended), by clarifying that the additional multi-family units to be utilized for workforce housing may be comprised of one (1) building or multiple buildings, not to exceed a maximum of 42 units, located off Winnowing Way near its intersection with Gregory Ferry Road. TMS No. 580-00-00-013 c. Proposal to amend Sections 156.140 - 156.142 of Chapter 156, Zoning Code, of the Mount Pleasant Code of Ordinances, pertaining to Nonconforming Lots, Structures and Uses. Proposed is amended language that differentiates treatment based on damage or destruction due to neglect, natural and/or man-made hazards. 7. Consideration of Amendments to the Flood Damage Prevention Ordinance, Ch. 152 (to meet new FEMA Floodplain Study & Maps) 8. Information regarding emerging issues and potential changes to the Short-Term Rental regulations 9. Informational report from Design Review Board on building height measurement (feet versus stories) Telephone (843) 884-8517 - Fax (843) 856-2180 www.tompsc.com 10. Discussion and action regarding Redevelopment Center recommendations within the Draft Comprehensive Plan 11. Executive Session, if needed, to receive legal advice regarding Redevelopment Center recommendations within the Draft Comprehensive Plan 12. Executive Session to review applications and recommendation of members to serve on the Settlement Communities Task Force 13. 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 14. 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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