* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:10] CORNING TO ALL AND, UH, WELCOME TO THE COMMUNITY SERVICE AND PUBLIC SAFETY COMMITTEE MEETING FOR MONDAY, APRIL 25TH. UH, KRISTA, UH, WOULD YOU PLEASE, UH, CALL TO ORDER? UH, YES, SIR. MR. AMES HERE, MRS. BECKER. MR. LENNOX, MR. HARKINS HERE. I'LL PRESENT, SIR. THANK YOU. AND IN TERMS OF FOYER COMPLIANCE? YES, SIR. WE ARE VERY GOOD. UH, WE HAVE THE AGENDA BEFORE US. IS THERE A MOTION FOR ITS APPROVAL MOVE TO APPROVE? SECOND, SECOND. ALL IN FAVOR. AYE. SO MOVED, UH, WE HAVE THE, UH, MINUTES OF THE MARCH 28TH MEETING, UH, MEETING THAT HAVE BEEN DISTRIBUTED. IS THERE A MOTION FOR MOVE TO APPROVE AS SUBMITTED ALL THOSE IN FAVOR? AYE. SO MOVED KRISTA. DO WE HAVE ANY, UH, CITIZENS WISHING TO APPEAR TODAY? NO, SIR. WE HAD NOBODY SIGN UP OR ANY COMMENTS LEFT. OKAY. THANK YOU. SO MOVING ON NOW TO NEW BUSINESS, UH, CONSIDERATION OF A PROPOSED ORDINANCE, AUTHORIZING THE EXECUTION AND DELIVERY OF EASEMENTS FOR UNDERGROUND WATER AND WASTEWATER UTILITIES AND COVERING REAL PROPERTY OWNED BY THE TOWN OF HILTON HEAD ISLAND, SOUTH CAROLINA IN THE SHELTER COVE AREA. JEFF. GOOD MORNING. GOOD MORNING. LIKE THE, UM, GOOD MORNING. MY NAME IS JEFF BUCKALEW ON THE TOWN ENGINEER. AND THE ITEM BEFORE YOU TODAY IS RELATED TO A PRIOR DEVELOPMENT AGREEMENT WHERE WHEN THE SHELTER COVE MALL WISHED TO REDEVELOP AND THE TOWN ENTERED INTO AN AGREEMENT WHERE THERE WAS A LAND SWAP AND THE TOWN SWAP LAND, WHAT HAS NOW BECOME A WATER WALK APARTMENTS? AND WE RECEIVE LAND THAT WE BUILT A SHORTCODE COMMUNITY PARK UPON A PART OF THAT AGREEMENT REFERRED TO A FUTURE NEED FOR WATER AND SEWER EASEMENTS TO FACILITATE THOSE NEW, UH, MULTI-FAMILY DEVELOPMENTS OF WATERWALK. SO NOW WE'RE AT THE POINT WHERE THE WATER LINES SEWER LINES, OBVIOUSLY THE RN, UM, THE SURVEYORS HAVE SURVEYED THOSE ALIGNMENTS AND THEY HAVE PLANTED A PERMANENT EASEMENT, 20 FOOT WIDE STRADDLING THOSE UNDERGROUND UTILITIES. SO NOW WE'RE AT THE POINT, UH, AS I SAID, WE WERE EARLIER OBLIGATED TO SOMETIME IN THE FUTURE GRANT, PERMANENT EASEMENTS TO THE BROAD CREEK PSD. AND SO THAT IS THIS ITEM BEFORE YOU TODAY. SO WE RECOMMEND THE COMMITTEE ENDORSED THE TOWN COUNCIL THAT WE GRANT THOSE EASEMENTS TO THE BROAD CREEK PSD. OH, THANK YOU, JEFF. ANY COMMENTS OR QUESTIONS FROM MEMBERS OF THE COMMITTEE? IT'S AN INTERESTING VIEW OF SHELTER COVE AND THE WATERWALK PROJECT YES. IN SOUTHEAST DEVELOPMENT IS OKAY WITH US. UH, YES SIR. THE OTHER, PARTY'S A PART OF THIS AGREEMENT, OUR SHELTER COVE, POA AND M SOUTHEAST DEVELOPMENT ASSOCIATION. AND THEY HAVE, I UNDERSTAND ALREADY GRANTED THESE EASEMENTS IS NECESSARY TO BROAD CREEK PSD. YUP. ANY COMMENTS OR QUESTIONS FROM THE PUBLIC HEARING? NONE. IS THERE A MOTION TO APPROVE THIS ORDINANCE TO BE, UH, SUBMITTED, UH, AS STATED TO TOWN COUNCIL, I'LL MAKE THE MOTION TO APPROVE THE EASEMENTS AS SUBMITTED FOR UNDERGROUND WATER AND WASTEWATER UTILITIES, UH, IN THE SHELTER COVE AREA. THANK YOU. IS THERE A SECOND, ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR. AYE. AYE. THANK YOU. UH, NEXT ITEM UNDER NEW BUSINESS IS THE CONSIDERATION OF A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO A MOU WITH HOPE AVENUE AND HILTON HEAD, LLC, FOR THE INSTALLATION AND MAINTENANCE OF A BICYCLE AND PEDESTRIAN PATHWAYS ON POPE AVENUE. YES, SIR. THIS ITEM, WHAT IS GOING ON HERE? THE, THE POPE AVENUE 16 POPE AVENUE LLC, IS THE PROPERTY OWNER OF THAT PROPERTY WHO WISHES TO DEVELOP A STARBUCKS. THIS PROPERTY IS THE FORMER, UH, LAW OFFICES. UM, JONES NEWTON'S SIMPSON, I THINK WAS THE NEWTON'S OLD LAW PRACTICE. UH, IT SITS RIGHT BETWEEN THE ST ANDREW'S UNITED METHODIST CHURCH AND TOWN PROPERTY, THE, THE BOGGY GUT, UH, WETLAND AREA. AND SO THE PROPERTY HAD BEEN VACANT. I THINK SINCE HURRICANE MATTHEW, I THINK THE LAW FIRM, YOU KNOW, EXPERIENCED FLOODING AT THAT TIME AND THEN WESTERN NEWTON AND MARK SINTON MOVED OUT TO BLUFFTON. AND SO THE [00:05:01] PROPERTY HAD BEEN SITTING VACANT. UH, THE DEVELOPER CAME IN, THEY'VE GONE THROUGH THE PROCESS TO FOLLOW THE DPR, UH, COMPLY WITH THE LMO AND REDEVELOP THE PROPERTY AS A STANDALONE STARBUCKS. UH, THEY'RE GOING TO HAVE A DRIVE-THROUGH WINDOW. THEY'RE GOING TO UTILIZE THE EXISTING DRIVEWAY, UH, ON CHURCH PROPERTY. THEY HAVE ACCESS EASEMENT THERE, BUT THIS ITEM CAME ABOUT WHEN WE'RE REVIEWING THE PLANS AND WE'RE LOOKING TO GET PEDESTRIAN BICYCLE ACCESS TO THE NEW COFFEE SHOP. UM, THERE IS NO SIDEWALK CONNECTION THERE TODAY. UH, YOU KNOW, WITH THE LA OFFICE, THERE WAS NOT REALLY A NEED. SO AS PART OF THE REVIEW PROCESS, UM, TOWN STAFF AND THE DESIGNERS OF COURSE THOUGHT THAT WAS A GOOD THING TO DO THE RIGHT THING TO DO. AND WHEN THEY DREW IT UP, THEY SHOWED THAT PATHWAY CONNECTION, CONNECTING TO THE CONCRETE PATHWAY SIDEWALK AT THE BACK OF CURB IN POPE AVENUE RIGHT AWAY. UH, THE TOWN BUILT THAT IN THE MID TWO THOUSANDS, I WANT TO SAY 2005, 2006, THE DEITY AS PART OF THEIR PERMITTING PROCESS SAID TO ENCROACH INTO OUR RIGHT OF WAY AND BUILD THAT THEY WERE NOT GOING TO ACCEPT IT FROM THE PRIVATE DEVELOPER. THEY SAID, WE WILL ONLY ACCEPT IT FROM THE TOWN. YOU KNOW, THE LOCAL MUNICIPALITY GOVERNMENT ENTITY. THEY SAID THE TOWN BUILT THAT EXISTING SIDEWALK, THEREFORE SOMEBODY CONNECTING TO IT, THE TOWN NEEDS TO BE RESPONSIBLE. WE TALKED WITH THE DEVELOPER, THEY'RE MORE THAN AMENABLE TO, TO DO WHATEVER IS REQUIRED THROUGH THE PERMITTING PROCESS. UH, SO WHERE WE ENDED UP WITH THE DEITY WAS THE TOWN. WE WOULD ACCEPT RESPONSIBILITY TO THE DLT. WE SAY, THAT'LL BE OUR LITTLE SEGMENT OF PATHWAY. AND IN TURN WE WILL ASK THE DEVELOPER, UM, POPE AVENUE, 16 POPE AVENUE, LLC, STARBUCKS, TO SIGN AN MOU THAT THEY WILL MAINTAIN IT. THE, THE ACTUAL SEGMENT OF PATHWAY SIDEWALK WE'RE TALKING ABOUT IS ONLY 14 FEET LONG WITHIN THE DOD RIGHT AWAY, IT'S EIGHT FOOT WIDE. UM, SO I KNOW IT SEEMS LIKE IF YOU'RE A CRITIC OVERKILL A BIT, BUT, BUT THAT IS WHERE WE ARE. UM, THEY ARE THE, THE INSTIGATOR, THE PROTAGONIST, SO TO SPEAK OF WANTING THIS DEVELOPMENT AND WANTING CUSTOMERS TO ACCESS THEIR PROPERTY. AND SO, YOU KNOW, WITH THAT IN MIND, WE'D SAID, YES, YOU MAINTAIN IT UP TO THE PUBLIC PORTION OF THE SIDEWALK. AND THEY'RE PERFECTLY FINE WITH THAT WILLING TO AGREE TO THIS. IF THE TOWN WILL ACT AS KIND OF AN INTERMEDIARY TO GET THE PERMIT FROM THE CDC. UH, THANK YOU, JEFF COMMENTS, QUESTIONS. I, I THINK THIS IS A SOLUTION. UM, BUT I WOULD ASK THE QUESTION, JEFF, IS THERE ANY LIABILITY, UH, DIMENSION TO THIS THAT THE TOWN OUGHT TO BE AWARE OF? WELL, WE WERE TRANSFERRING THAT MAINTENANCE AND LIABILITY TO BY STARBUCKS. YES. SO WE WILL, WE REVIEWED THE PLANS. OF COURSE IT MUST MEET STOT SPECS. WE WILL INSPECT THE CONSTRUCTION AS IT GOES IN. AND WE WILL ASSURE TO SDOT IT WAS BUILT IN COMPLIANCE WITH OUR STANDARDS, ET CETERA. THEN WE WILL TRANSFER THAT MAINTENANCE RESPONSIBILITY AND LIABILITY TO THE PROPERTY OWNER VIA THIS MOU. I WILL MAKE A COMMENT THAT IT'S UNRELATED TO THE REQUEST. AND THAT IS THAT I AM SORRY THAT POPE AVENUE HAS COMMERCIAL PROPERTIES ALONG IT, UH, BECAUSE WHEN IT WAS, UH, ORIGINALLY ENVISIONED IT WAS GOING TO BE A CIVIC AVENUE WITH CHURCHES AND SO ON ON IT. AND OBVIOUSLY THAT CHANGED OVER TIME. AND I'M SPEAKING TO THE WESTERN SIDE OF POPE AVENUE, UH, THAT HAS NOTHING TO DO WITH THE LEGITIMACY OF THE REQUEST BY STARBUCKS OR THIS I'M JUST MAKING A COMMENT THAT, UH, FROM A COMMUNITY STANDPOINT, WE SHOULD BE DISCOURAGING THAT AREA FROM COMMERCIAL DEVELOPMENT. THANK YOU, DAVID. JEFF HAS THE CHURCH RECONCILED WITH THE IDEA OF STARBUCKS GOING IN THERE? MY UNDERSTANDING IS YES, MISSY LUCCA PRINCIPAL PLANNER WAS THE CASE MANAGER ON THAT. AND YES, THERE WERE EXTENSIVE MEETINGS, UM, NEGOTIATIONS, I GUESS, UH, ALONG THE WAY, BUT MY UNDERSTANDING IS THE CHURCH IS PLEASED WITH THE OUTCOME AND HAS ACCEPTED, BUT THIS WILL HELP BECAUSE THEY WERE CONCERNED WITH TRAFFIC AND PEDESTRIANS AND BIKES. RIGHT. I, YOU KNOW, WE HAVEN'T QUANTIFIED THE NUMBER OF USERS, BUT I'M SURE A LOT OF CUSTOMERS WHO COULD BE ON FOOT OR ON BIKE AND, YOU KNOW, GOING UP AND GET THEIR MORNING COFFEE. SO MEMBERS OF THE PUBLIC, IS THERE ANYONE HERE REPRESENTING THE, UM, THE AFFECTED CHURCH, ANY MEMBER OF THE PUBLIC WE WISHES, WISHES TO SPEAK AIRY? NONE. IS THERE A MOTION FOR CONSIDERATION OF THIS RESOLUTION FOR THE TOWN MANAGER TO ENTER INTO THE MA THE MOU AS, UH, REFERENCE BIN NUMBER SEVEN, A [00:10:01] OF NEW BUSINESS TODAY, I WOULD MOVE THAT WE AUTHORIZE THE TOWN MANAGER TO ENTER INTO THE MOU WITH POPE AVENUE, HILTON HEAD 2021, LLC, FOR THE INSTALLATION AND MAINTENANCE OF A BICE BICYCLE AND PEDESTRIAN PATHWAY ON POPE AVENUE. IS THERE A SECOND, SECOND, ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR. AYE. SO MOVED. THANK YOU. UH, KRISTA, I KNOW THERE'S, UH, AN EXECUTIVE SESSION. UH, IS THERE A REASON OR REASONS FOR US TO ENTER INTO EXECUTIVE SESSION? YES, SIR. UH, I REQUESTED THE, UM, COMMITTEE CONSIDER GOING INTO EXECUTIVE SESSION FOR DISCUSSION AND REVIEW OF ITEMS RELATED TO APPOINTMENTS TO BOARDS AND COMMISSIONS. IS THERE A MOTION TO ENTER EXECUTIVE SESSION FOR THE REASONS SET FORTH BY KRISTA SELMA? ALL THOSE IN FAVOR. IS THERE A MOTION FOR GERMAN? WE STAND ADJOURNED. THANK YOU VERY MUCH. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.