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Police, Judicial, Legal Committee

Regular Meeting

Mount Pleasant, SC · October 3, 2022

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Minutes

TOWN OF MOUNT PLEASANT, SOUTH CAROLINA POLICE, JUDICIAL & LEGAL COMMITTEE Monday, October 3, 2022 10:45 a.m. Municipal Complex, Council Chambers 100 Ann Edwards Lane, Mount Pleasant, SC 29464 MINUTES Members Present: Mayor Will Haynie, Chair, Howard Chapman, GM Whitley, Carl Richie Staff Present: Eric DeMoura, Chief Arnold, Carol Neal, David Pagliarini, General counsel 1. Call to order Mayor Haynie called the meeting to order at 10:45 am. 2. Approval of Minutes from the September 6, 2022 meeting Mayor Haynie asked that the minutes from September 6, 2022, meeting be approved. Mr. Chapman made the motion for approval of the minutes; seconded by Ms. Whitley. Motion carried unanimously. 3. Public Comments Mayor Haynie stated that 2 ½ minutes were allowed for each comment. Debbie Sutherland of 1493 Fort Palmetto Circle, spoke about the Memorial Waterfront Park and the ordinance that governs the operations of the Mount Pleasant Historical Commission. Louisa Montgomery of 404 Church Street, spoke concerning the Noise Ordinance and property owners’ rights as opposed to the business owners’ rights. Hugh B Tant, III of 1508 Twight Trail, spoke about keeping Mount Pleasant Memorial Waterfront Park a local park. Police, Judicial, Legal Committee October 3, 2022 Page 2 Nicholas Crist of 725 Coleman Boulevard, spoke about a beautiful entrance into Mount Pleasant and his vision for it with a semi-formal proposal on how it could be done. Shannon Carter of 334 Hook Lane, he spoke about the Noise Ordinance and wanted to focus on amplified sound, amplified music because it has a different dynamic other than general noise. Gale Smither of 419 Bay View Drive, spoke regarding the balance between the homeowners’ and businesses. Rev. Rob Dewey of 598 E Hobcaw, spoke about a possible memorial for first responders. Representative Bustos of 649 Kings Street, stated that he would like to speak about the War memorial at the appropriate time. Cheryl Shoun of 241 Middle Street, spoke in reference to the Noise Ordinance as a resident and as legal representation on behalf of the Post House and other food and beverage businesses in the Town of Mount Pleasant. Mike Tinkey of 208 Venning Road, spoke regarding the Noise Ordinance and the Police Department study and suggested to move forward with an objective base approach. Carol Tinkey of 208 Venning Road, thanked the committee for their due diligence in studying ambient sound in the new Noise Ordinance. She addressed that noise pollution falls to the local towns and cities as vanguards. Bill Dietch, of 216 Bennett Street, stated that the Ordinance as proposed now is squarely within police powers of the municipality. Chris Coleman of 118 Pitt Street, commented on the 60-decibel noise level and the research he has done regarding it. Police, Judicial, Legal Committee October 3, 2022 Page 3 Jaclyn Story of 220 Proximity Drive, Owner of Gala Café commented regarding the Noise Ordinance, that she wants to be a good neighbor and work together to come up with something reasonable for everyone. Carmen Scott of 415 Church Street, co-owner of the building in which Gala Bakery resides, at 123 Pitt Street commented that accosting businesses and customers is inappropriate. The Noise Ordinance needs to work for all involved. Ben Towill of 228 Forest Trail, Isle of Palms, representing the owner of the Post House stated that there is more work to do. He will make himself available for further discussions prior to this going any further. 4. Police matters a. Employee years of service recognition Chief Arnold recognized Karina Schulze, Detective Desiree Schnackenberg and Field Training Officer William Parker for 5 years of service. 5. Judicial matters a. Employee years of service recognition Carol Neal recognized Nancy Hanf for 10 years of service. 6. Legal matters a. Continued discussion and possible action regarding an ordinance to repeal and replace Section 132.03 titled Noise of the Mount Pleasant Code of Ordinances (Ord. No. 22049) Mayor Haynie clarified that the current Noise Ordinance is still in effect. Mr. Pagliarini gave a general overview of the Noise Ordinance as written which was approved at first reading. Discussion followed. Police, Judicial, Legal Committee October 3, 2022 Page 4 b. Discussion and possible action regarding a policy to govern memorials and monuments Mayor Haynie stated that the policy to govern memorials and monuments is throughout the Town of Mount Pleasant; not one specific park. Mayor Haynie asked that General Tant and Representative Bustos speak about their involvement with the memorials and monuments at the Mount Pleasant Memorial Waterfront Park. Discussion followed. Ms. Sutherland, Chairman of the Mount Pleasant Historical Commission discussed the need for a process that the Historical Commission would have in place regarding the policy to govern memorials and monuments. Discussion followed. Ms. Whitley moved to recommend to staff to draft a policy to govern memorials and monuments in town. Mr. Chapman seconded the motion. Motion passes unanimously. Discussion followed. c. Discussion and possible action regarding an Intergovernmental Agreement (IGA) for Memorial Waterfront Park Phase 3 Mayor Haynie stated that this is part of the park for an additional play area, dog park, away from Memorial Waterfront Park. Mr. DeMoura stated that the DOT has agreed to provide the land that will house the new additions to the Waterfront Park, this is away from the pier and the War Memorial. Mr. Chapman moved for approval. Ms. Whitley seconded the motion. Motion passes unanimously. d. Amendments to code sections 30.35 and 30.36 for corrections and continuity related to public speaking time at Town meetings Police, Judicial, Legal Committee October 3, 2022 Page 5 Ms. Whitley moved to approve. Mr. Chapman seconded the motion. Mayor Haynie stated this cleans up the language regarding the New Ordinance that preserves the 2 ½ minutes for public comment. Motion is approved unanimously 7. Adjourn There being no further business, the meeting was adjourned at 12:39 pm. Respectfully submitted by: Nancy Hanf 10/04/2022

Agenda

COMMITTEES OF COUNCIL MEETING NOTICE Municipal Complex, Council Chambers 100 Ann Edwards Lane, Mount Pleasant, SC 29464 Monday, October 3, 2022 Bids & Purchases Committee 8:15 a.m. Planning Committee 8:30 a.m. Health, Recreation & Events Committee 9:30 a.m. Education Committee 10:15 a.m. Police, Judicial & Legal Committee 10:45 a.m. Fire Committee 11:45 a.m. Flood Resilience Committee 12:30 p.m. The following Committees will not meet: Economic Development Committee Finance Committee Human Resources Committee Public Services Committee Transportation Committee Water Supply and Resources 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 BIDS & PURCHASES COMMITTEE Monday, October 3, 2022 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 September 6, 2022 meeting 3. Public Comments 4. Award of a contract for traffic signal installation at Long Point Road at Whipple Road 5. Award of a contract for special inspections and testing services for the Public Services Operations Facility 6. Award of the lease-purchase financing for vehicles and equipment 7. Award of a contract for Maritime Port District Intersection Improvements 8. Award of a contract for a Cambridge drainage system for the Park West multi-purpose field 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 PLANNING COMMITTEE Monday, October 3, 2022 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 September 6, 2022 meeting 3. Public Comments 4. Annexations A. Request to annex five parcels located on McKnight Road, aggregated comprise approximately 3.77 acres, identified by TMS No’s. 557-00-00-331, -206, -207, -208, and –216, and depicted on a plat recorded by the Charleston County ROD Office in Plat Book CO, Page 159, Plat Book W, Page 088, and Plat Book S, Page 135. 5. Review of Planning Commission recommendations from September 21, 2022 A. R-18-22 Watermark PD Amendment. Request to amend the Watermark PD, Planned Development District Ordinance. Proposed is to designate OP, Office Professional District, and NC, Neighborhood Commercial District, uses for a 3,509 square foot ground floor space, located in the Central Square at Watermark Apartment complex, further identified by TMS No. 560-00-00-036. Planning Commission recommended approval B. Workforce Housing Term of Affordability Text Amendment. Proposal to amend Section 156.296 of Chapter 156, Zoning Code, of the Mount Pleasant Code of Ordinances, pertaining to Workforce Housing Exemption Grant Program. Proposed is to amend the ordinance, revising the term of affordability, limited by deed restriction for a period of not less than thirty years. This proposal is to supersede the current ten-year period. Planning Commission recommended approval Telephone (843) 884-8517 - Fax (843) 856-2180 www.tompsc.com 6. Continued discussion and possible action regarding the Town’s current residential density in commercial districts 7. Continued discussion and possible action regarding proposed amendments to the short-term rental ordinance 8. Executive session – legal advice regarding proposed amendments to the short-term rental ordinance 9. 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. 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 HEALTH, RECREATION & EVENTS COMMITTEE Monday, October 3, 2022 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 August 1, 2022 meeting 3. Public Comments 4. Employee years of service recognition 5. Approval to request a contribution by Charleston County in support of county residents at the Thomasena Stokes-Marshall Senior Center 6. Discussion regarding Recreation Referendum 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 EDUCATION COMMITTEE Monday, October 3, 2022 10:15 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 August 1, 2022 meeting 3. Public Comments 4. Update from Town staff on a new facility partnership agreement with the Charleston County School District 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 POLICE, JUDICIAL & LEGAL COMMITTEE Monday, October 3, 2022 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 September 6, 2022 meeting 3. Public Comments 4. Police matters a. Employee years of service recognition 5. Judicial matters a. Employee years of service recognition 6. Legal matters a. Continued discussion and possible action regarding an ordinance to repeal and replace Section 132.03 titled Noise of the Mount Pleasant Code of Ordinances (Ord. No. 22049) b. Discussion and possible action regarding a policy to govern memorials and monuments c. Discussion and possible action regarding an Intergovernmental Agreement (IGA) for Memorial Waterfront Park Phase 3 d. Amendments to code sections 30.35 and 30.36 for corrections and continuity related to public speaking time at Town meetings 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 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 FIRE COMMITTEE Monday, October 3, 2022 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 May 2, 2022 meeting 3. Public Comments 4. Update on the performance of the automatic aid agreement for fire response between the Town of Mount Pleasant and neighboring jurisdictions 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 FLOOD RESILIENCE COMMITTEE Monday, October 3, 2022 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 September 6, 2022 meeting 3. Public Comments 4. Continued discussion of draft Environmental Guidelines for Land Development 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

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