Police, Judicial, Legal Committee
Regular MeetingMount Pleasant, SC · February 1, 2021
Minutes
POLICE, JUDICIAL & LEGAL COMMITTEE
Monday, February 1, 2021
11:15 a.m.
Municipal Complex, Council Chambers
100 Ann Edwards Lane, Mount Pleasant, SC 29464
Minutes
Members Present: Mayor Will Haynie, Chair; Jake Rambo, G.M. Whitley and
Laura Hyatt
Staff Present: Eric DeMoura, Town Administrator; Laurie Wilson, Court
Administrator; Carl Ritchie, Police Chief and David Pagliarini, General Counsel
1. Call to Order
Mayor Haynie called the meeting to order at 11:32 a.m.
Immediately following calling the meeting to order, Mayor Haynie
acknowledged Chief Ritchie’s notice of retirement and extended the Town’s
appreciation for all he has done. This was followed by a standing ovation for
Chief Ritchie.
2. Approval of Minutes from the November 30, 2020 meeting
Mayor Haynie asked that the minutes from November 30, 2020 meeting
be approved. Ms. Whitley made the motion for approval of the minutes;
seconded by Mr. Rambo. Motion carried unanimously.
3. Public Comments
Kathy Landing, 2114 Sewee Indian Court, Mount Pleasant, expressed that
she was present in regard to item 6(B) on the agenda. She stated she brought the
item up at previous Council meetings to determine if Chapter 41 Civil Emergencies
needed an amendment or if subsection 41.04 could be rescinded. She proceeded
Police, Judicial & Legal Committee
November 30, 2020
Page 2 of 6
to read the restrictions the Mayor could impose as allowed by Section 41 in an
emergency, several of which she felt destroyed the Bill of Rights of the United
States Constitution.
4. Police matters
a. Employee years of service recognition
Deputy Chief Arnold recognized and thanked School Resource Officer
Hillary Clark her five (5) years of service.
Deputy Chief Arnold recognized and thanked Field Training Officer
George Tetanich his five (5) years of service.
Deputy Chief Arnold recognized and thanked Crime Scene Investigator
James Edmonds his fifteen (15) years of service.
Chief Ritchie recognized and thanked his Executive Administrative
Assistant, Lori Gaskin, for her twenty (20) years of service with the Town.
5. Judicial matters
No agenda items.
6. Legal matters
a. Review of state law governing the use of fireworks
Discussion led by Attorney Pagliarini regarding a memo that was
provided to Committee members in reference to two (2) requirements for
fireworks that the State provides, which does limit what any Municipality
can do by way of restrictions that can be placed on the use of fireworks.
Discussion by Committee members ensued.
Police, Judicial & Legal Committee
November 30, 2020
Page 3 of 6
No motions were made following discussion.
b. Discussion and possible action with regard to Town ordinance
titled Chapter 41 Civil Emergencies
Discussion led by Mayor Haynie. Mayor Haynie initiated the discussion
by reviewing Chapter 41.07. He referred to Attorney Pagliarini to confirm
previous advice that, if there is a state of emergency used by any Mayor,
three (3) Council members can call an emergency or special meeting and a
simple majority can undo, change or veto an emergency period or any
restrictions imposed by the Mayor. Mayor Haynie expressed that he would
like to get an opinion as to the potential Constitutional violations that
Chapter 41 presents.
Mr. Rambo made a motion to strike subsections 41.03A and 41.03B
from Town Ordinance Chapter 41 Civil Emergencies; seconded by Ms. Hyatt.
Discussion followed.
Discussion between Committee members and Counsel regarding striking
subsections 41.03A and 41.03B of Chapter 41 Civil Emergencies of the Town of
Mount Pleasant Code of Ordinances.
Mr. Rambo made a motion to amend his original motion to include also
striking subsection 41.03C from Town Ordinance Chapter 41 Civil
Emergencies in addition to 41.03A and 41.03B; seconded by Ms. Whitley.
Discussion between Committee members and Counsel regarding on
how the amended motion would best be handled.
Mr. Rambo withdrew his motion and the amendment. Ms. Hyatt
withdrew her second to the original motion, and Ms. Whitley withdrew her
second to the amendment.
Police, Judicial & Legal Committee
November 30, 2020
Page 4 of 6
Mr. Rambo made a motion to strike subsections 41.03A and 41.03B
from Town Ordinance Chapter 41 Civil Emergencies; seconded by Ms. Hyatt.
Discussion followed.
Discussion between Committee members and Counsel regarding striking
subsections 41.03A and 41.03B of Chapter 41 Civil Emergencies of the Town of
Mount Pleasant Code of Ordinances. Committee members also discussed that
additional amendments to the original motion could be made at the second
reading.
Mayor Haynie discussed the importance of Chapter 41 Civil Emergencies
when it comes to matters of civil unrest as evidenced by events that transpired in
Spring 2020.
Motion carried unanimously.
Ms. Whitley requested that Counsel explore the Constitutionality of
subsection 41.03C prior to the second reading at full Council.
Mr. Rambo voiced concerns with the current mask proclamation that were
brought to him by other members of Council. The concerns were mainly in regard
to the lack of public input.
Mayor Haynie responded and discussion with Subcommittee members
commenced.
c. Discussion and possible action regarding the impact of the Crab
Bank restoration project.
Discussion between Committee members and Counsel regarding the
impact of the Crab Bank restoration project. Counsel informed Committee
that the time of decision needs to be when the decisions are made by the
Corps of Engineers, which is a several step process. Mr. Pagliarini stated that
should a decision be rendered by the Corps that is contrary to what is in the
Police, Judicial & Legal Committee
November 30, 2020
Page 5 of 6
best interest of the Town, there is an administrative process that would still
need to take place and then potentially an appeal in Federal Court.
Mayor Haynie inquired as to whether it would be premature to enter
into Executive Session on the matter right now since the Corps of Engineers
was not making a decision until later this month. Mr. Pagliarini advised that
there was no additional information that he could share during the noticed
Executive Session since the Corps had not yet made a decision regarding the
placement of the Crab Bank restoration project.
d. Executive Session – legal advice regarding the impact of the Crab
Bank restoration project.
No motion was made to enter into Executive Session.
e. Executive session – legal advice related to the case entitled
Refuel v. TOMP (2020-CP-10-03538)
Mr. Pagliarini stated that there was a confidential memo sent to
Committee members regarding Refuel v. TOMP (2020-CP-10-03538). He
stated that the memo provided was sufficient to bring Committee members
up to date on the situation. He also wanted to bring to attention of
Committee members the case was appealed at Circuit Court and remanded
back to the Board of Zoning Appeals and has been placed on their February
agenda. Counsel was of the opinion that there was no interim action that
could be taken and left it to Committee members discretion on whether to
enter Executive Session.
Mayor Haynie inquired if Counsel would be able to share more in-depth
information in Executive Session. Mr. Pagliarini informed that he would be
able to provide additional information but that there would be no action
required.
Police, Judicial & Legal Committee
November 30, 2020
Page 6 of 6
Committee members decided that there was no need to enter into
Executive Session.
f. Post Executive Session
None.
7. Adjourn
There being no further business, the meeting was adjourned at 12:35
p.m.
Minutes submitted by:
Jocelyn Campbell
February 2, 2021
Agenda
COMMITTEES OF COUNCIL
MEETING NOTICE
Municipal Complex, Council Chambers
100 Ann Edwards Lane, Mount Pleasant, SC 29464
Monday, February 1, 2021
Recreation Committee 8:30 a.m.
Finance Committee 9:15 a.m.
Economic Development Committee 10:00 a.m.
Transportation Committee 10:30 a.m.
Police, Judicial, and Legal Committee 11:15 a.m.
Planning and Development Committee 12:30 p.m.
The following Committees will not meet:
Bids and Purchases Committee
Education Committee
Fire Committee
Human Resources Committee
Flood Resilience 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 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, February 1, 2021
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 January 4, 2021 meeting
3. Public Comments
4. Employee years of service recognition
5. Discussion and possible action regarding parking at Memorial
Waterfront Park
6. Update regarding the Town’s baseball field on Whipple Road
7. Update with respect to an agreement involving Charleston
County Park & Recreation Commission
8. Discussion and possible action with regard to the naming of a
pickleball tournament
9. Discussion and possible action with regard to the renaming of
Recreation Way
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
FINANCE COMMITTEE
Monday, February 1, 2021
9:15 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 January 4, 2021 meeting
3. Public Comments
4. Employee recognition
5. Presentation of the Town of Mount Pleasant fiscal year 2020
independent audit
6. Presentation of the fiscal year 2020 impact fees
7. Consideration and possible action with regard to mid-year budget
adjustments
8. Discussion regarding a request to purchase a parcel of Town
property located off Shipping Lane and bearing TMS #537-00-00-
082
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
ECONOMIC DEVELOPMENT COMMITTEE
Monday, February 1, 2021
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 January 4, 2021 joint meeting of the
Economic Development Committee and the Flood Resilience
Committee
3. Public Comments
4. Discussion of great communities attract great businesses –
community building activities for 2021
5. Update on economic development focus areas and target
industries
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
Monday, February 1, 2021
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 November 30, 2020 meeting
3. Public Comments
4. Discussion regarding the intersection of US 17 North at Tupelo
Forest Drive and Beehive Road
5. Approval of Charleston County Transportation Sales Tax (TST) and
County Transportation Committee (CTC) Annual Project Submittals
6. Review of CIP Projects for Construction in 2021 – Billy Swails
Boulevard 4B, US 17 to Rifle Range Connector Road and Patriots
Point Gateway Intersection Improvements
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 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, February 1, 2021
11:15 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 November 30, 2020 meeting
3. Public Comments
4. Police matters
a. Employee years of service recognition
5. Judicial matters
a. No agenda items
6. Legal matters
a. Review of state law governing the use of fireworks
b. Discussion and possible action with regard to Town ordinance
titled Chapter 41 Civil Emergencies
c. Discussion and possible action regarding the impact of the Crab
Bank restoration project
d. Executive session – legal advice regarding the impact of the
Crab Bank restoration project
e. Executive session - legal advice related to the case entitled
Refuel v. TOMP (2020-CP-10-03538)
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
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
PLANNING & DEVELOPMENT COMMITTEE
Monday, February 1, 2021
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 January 4, 2021 meeting
3. Public Comments
4. Old Business
a. Rezoning Case R-37-20: Request to rezone from R-3,
Medium Density Residential District, to TH, Townhouse
District, an approximately 2.90- acre tract of land
comprised of eleven (11) parcels and improved with 22
duplexes. Also included is a request to incorporate all
parcels into the Coleman Boulevard Overlay District (CB-
OD). Enclave at QC LLC. Queens Court (Bayview Acres
Subdivision).
b. Zoning Code Text Amendment: 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 to
amend the entire ordinance to differentiate treatment based
on damage or destruction due to neglect, natural and/or
man-made hazards, and to make special distinctions
between utilization of property and the physical
characteristics.
5. Annexations
a. Annexation Case A-02-21: Request to annex, TMS #614-00-
00-041, located at 3804 Gardenhill Road
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
6. Review of Planning Commission recommendations from the
January 20, 2021 meeting
a. Annexation Case A-03-21 and Rezoning Case R-01-21:
Request to annex and zone R-4, Medium Density
Residential District, an approximately 0.80-acre tract of
land located at 1051 Theodore Road, TMS #614-00-00-259.
Applicant also owns adjacent site at 1065 Theodore Road
and wishes to zone the subject parcel in a similar fashion
and adjust lot lines. Staff Report
b. Rezoning Case R-02-21: Request to rezone from AB,
Areawide Business District, to PI-2, Public Institutional-2
District, an approximately 4.87-acre tract of land located at
1277 Chuck Dawley Boulevard, TMS #560-01-00-002. The
parcel is also located within the Boulevard Overlay District
and there is no request to change this designation.
Proposed rezoning will update the designation to more
closely resemble the use and activities performed on site.
Staff Report
c. Annexation Case A-04-21 and Rezoning Case R-03-21:
Request to annex and zone R-2, Low Density Residential
District, an approximately 11.54-acre tract of land located
at 1240 Six Mile Road, TMS #558-00-00-130, and known as
Watts Mobile Home Park. Parcel is not proposed to be
included in the SB-OD, Sweetgrass Basket Overlay District.
The applicant proposes redevelopment of the site with
approximately 32 single family detached residences
subject to the Town’s R-2 standards (which allows for
8,000 sf lots). Staff Report
7. Review and possible action with regard to the listing of
Historic Properties and Structures located in the Old Village
Historic District (R.21011)
8. Continued discussion on Building Permit Allocation System
(Ord. No. 18097) and Multifamily Housing Moratorium (Ord.
19014)
9. Executive Session - legal advice related to Building Permit
Allocation System and Multifamily Housing Moratorium
10. Post Executive Session
Committee may take action on any item, including any
subsection of any section, listed on an executive session
Telephone (843) 884-8517 - Fax (843) 856-2180
www.tompsc.com
agenda or discussed in an executive session during a
properly noticed meeting
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
Get email alerts for Mount Pleasant
A daily email when new agendas and minutes are posted.