Aug 17, 2023 Town of Hilton Head Island Accommodations Tax Workshop and Training

YOU'RE NOT IN FO COMPLIANCE, BY THE WAY.

YOU ARE NOT JUST, I WANT YOU TO LET YOU KNOW THAT I'M NOT HERE TO DISRUPT, I'M JUST HERE TO EDUCATE.

YOU'RE NOT IN FO COMPLIANCE, BUT YOU, BUT YOU DID.

TO INTERRUPT.

UH, UH, ITEM NUMBER THREE ON THE AGENDA IS THE OVERVIEW OF ACCOMMODATIONS, TAX ADVISORY COMMITTEE ROLE, OUR RESPONSIBILITIES, AND A MEMBER FROM THE, UH, MUNICIPAL ASSOCIATION OF SOUTH CAROLINA.

ASHLEY CALLAHAN.

IS THAT YOU, MS. CALLAHAN? THAT'S ME.

YES, SIR.

ALRIGHT, PLEASE.

I'M GONNA GET MY PRESENTATION PULLED UP HERE.

THE CITY, IF THE CITY PROPOSES TO USE ITS STATE AT TAX TOWARDS WORKFORCE HOUSING, IT MUST FIRST COMPLETE A HOUSING IMPACT ANALYSIS.

UM, CAN YOU ALL HEAR ME OKAY? I'LL TRY TO, I'LL SCOOT OVER SPEAKING TO THE MIC.

ALL RIGHT.

TRYING TO GET MY BEARINGS.

NOPE, THAT'S NOT WORKING.

ALL RIGHT.

ASHLEY CALLAHAN, I AM A FIELD SERVICES MANAGER WITH THE MUNICIPAL ASSOCIATION.

AND SO ME AND OUR, MY TWO COLLEAGUES, WE, UH, OFFER TECHNICAL ASSISTANCE TO ALL 271 OF OUR CITIES AND TOWNS, AND WE OFFER A LOT OF TRAININGS TO COUNCILS AND, AND BODIES SUCH AS YOURS.

SO I AM HAPPY TO BE HERE AND HELP OUT.

AND, UM, I UNDERSTAND WE HAVE SOME NEW MEMBERS ON THE COMMITTEE.

SO, UM, THIS IS PROBABLY SOME OF WHAT I'M GOING OVER IS, IS NEW TO YOU ALL, AND SOME OF IT YOU'VE HEARD A LOT OF TIME.

SO I'M JUST GONNA GO THROUGH IT.

UM, ACCOMMODATIONS TAX, SO IT'S LIKE A SALES TAX.

OUR STATE COLLECTS AN ADDITIONAL 2% CHARGE ON ALL ACCOMMODATIONS ACROSS THE STATE.

UM, IN ADDITION TO THAT, MUNICIPALITIES AND COUNTIES CAN ALSO CHARGE AN ADDITIONAL AT TAX NOT TO EXCEED 3% EACH.

SO THE TOWN OF HILTON HEAD ISLAND COLLECTS, UH, 3%, AND THEN BEAUFORT COUNTY ALSO COLLECTS 3% IN ADDITION TO WHAT IT RECEIVES FROM THE STATE.

AND WHAT WE'RE GONNA FOCUS ON, UM, WHAT I'M GONNA FOCUS ON WITH YOU ALL IS THE STATE ACCOMMODATIONS TAX.

'CAUSE THAT IS THE PORTION OF THE FUNDS THAT YOU ALL CHARGE ARE CHARGED WITH, UM, DOLING OUT TO THE COMMUNITY.

SO, UM, AGAIN, 2% A TAX, IT IS COLLECTED BY THE DEPARTMENT OF REVENUE, AND THEN IT IS REMITTED BACK TO ALL OF OUR CITIES AND COUNTIES BY A CERTAIN FORMULA.

UM, AND THE STATE DEFINES ACCOMMODATIONS AS THE RENTAL OR CHARGES FOR ANY ROOMS. AND YOU CAN SEE THAT, THAT LAUNDRY LIST RIGHT THERE.

I MEAN, REALLY IT COVERS THE GAMUT OF ANYTHING YOU CAN, YOU KNOW, IMAGINE CAMPGROUNDS, UM, UM, YOU KNOW, REALLY ANY SORT OF LODGING EXPERIENCE THAT SOMEONE WOULD HAVE.

UM, SO A MUNICIPALITY THAT RECEIVES MORE THAN 50,000 IN REVENUE FROM THE STATE AT TAX HILTON HEAD IS ONE OF THOSE MUST APPOINT AN ADVISORY COMMITTEE TO MAKE RECOMMENDATIONS ON HOW THAT REVENUE IS GEN, UM, ON HOW THAT REVENUE GENERATED SHOULD BE SPENT WITHIN YOUR COMMUNITY.

AND SO THAT'S WHY WE'RE HERE TODAY, AND THAT IS WHY THIS BOARD EXISTS.

ALL RIGHT, SO STATE LAW DICTATES THAT YOU ALL HAVE TO HAVE SEVEN MEMBERS.

THE MAJORITY OF YOU ARE SELECTED FROM THE HOSPITALITY INDUSTRY.

UH, TWO, AT LEAST TWO FROM THE HOSPITALITY INDUSTRY MUST BE FROM THE LODGING INDUSTRY.

AND THEN ONE MEMBER MUST REPRESENT THE CULTURAL ORGANIZATIONS OF HILTON HEAD ISLAND.

SO YOU ARE CHARGED WITH ANNUALLY, UM, MAKE MEETING AND SUBMITTING WRITTEN RECOMMENDATIONS TO TOWN COUNCIL AT LEAST ONCE A YEAR.

UH, THE REPORT ADDRESSES HOW TO SPEND THE PORTION OF AT TAX, UH, THAT REMAINS AFTER ALLOCATIONS ARE MADE TO THE GENERAL FUND.

UM, AND THE TOURISM PROMOTION FUNDS, AND I'LL TOUCH ON THAT IN A LITTLE BIT.

UM, BUT THE MUNICIPAL COUNCIL, THEN THEY MAY ACCEPT THE RECOMMENDATIONS YOU PRESENT.

THEY MAY REJECT THEM, THEY MAY

[00:05:01]

AMEND THEM.

AND THEN COUNCIL IS THEN CHARGED WITH SUBMITTING AN ANNUAL REPORT TO THE STATE AT TAX.

UM, THERE'S ACTUALLY A COMMITTEE, IT'S A STATE TOURISM EXPENDITURE REVIEW COMMITTEE, AND THEY HAVE TO REVIEW THAT REPORT EVERY YEAR.

SO GOING BACK TO THE PORTION OF THE FUNDS FROM THE ATAC THAT, THAT YOU ALL LOOK AT.

SO THAT FIRST 25,000 THAT A CITY GETS GOES IMMEDIATELY TO THE GENERAL FUND.

AND THEN 5% OF THAT REMAINING BALANCE ALSO GOES TO THE GENERAL FUND.

30% OF THAT SAME REMAINING BALANCE IS ALLOCATED TO A SPECIAL FUND, AND IT IS ONLY USED FOR ADVERTISING AND PROMOTION OF TOURISM THAT WILL DEVELOP AN INCREASE TOURIST ATTENDANCE, UM, THROUGH THE GENERATION OF, UM, PUBLICITY.

SO, SO A CITY WILL APPOINT CERTAIN GROUPS OR SELECT ONE OR MORE ORGANIZATIONS RATHER.

AND THESE GROUPS ARE LIKE YOUR CHAMBER OF COMMERCE, A VISITOR CONVENTION BUREAU, UH, ON JAMES ISLAND WHERE I LIVE.

UM, THE TOWN, UM, DESIGNATES THEIR 30% TO CC P R C, THE PARKS AND COUNTY RECREATION AND TOURISM GROUP THAT, UM, DO A LOT OF EVENTS THROUGHOUT THE YEAR, BRINGING PEOPLE INTO THE COMMUNITY.

AND SO THAT REMAINING 65% MUST BE ALLOCATED TO A SPECIAL REVENUE FUND AND USED FOR TOURISM RELATED EXPENDITURES.

UH, AND ALSO JUST WANNA NOTE, A TOURIST IS GENERALLY DEFINED AS SOMEONE THAT LIVES AT LEAST 50 MILES FROM HOME.

SO WE'RE NOT TALKING SUPER FAR AWAY, CAN BE SOMEONE, UM, PRETTY CLOSE TO THIS AREA THAT IS STILL TRAVELING AT AT LEAST SOME DISTANCE TO COME WITHIN YOUR COMMUNITY.

SO STATE LAW LISTS OUT ALL OF THESE AREAS THAT, UM, THIS 65% CAN BE SPENT ON.

AND THE REASON I'VE HIGHLIGHTED THE FIRST FOUR IS BECAUSE THESE FOUR REALLY IS, IT MAKES THE MOST SENSE AS FAR AS MORE APPROPRIATE TO WHAT HILTON HEAD ISLAND IS DOING AND THE SORT OF APPLICATIONS YOU ALL WILL BE SEEING.

UM, SO THAT'S ADVERTISING AND TOUR PROMOTION TO DEVELOP AN INCREASE TOURIST ATTENDANCE THROUGH PUBLICITY, ARTS AND CULTURAL EVENTS, PROMOTION, CONSTRUCTION, MAINTENANCE AND OPERATION OF FACILITIES FOR CIVIC AND CULTURAL ACTIVITIES.

NOW, THIS INCLUDES CONSTRUCTION AND MAINTENANCE OF ACCESS AND OTHER NEARBY ROADS AND UTILITIES.

SO IT DOESN'T NECESSARILY HAVE TO BE, YOU KNOW, THE PRETTY STUFF CAN BE JUST, YOU KNOW, INFRASTRUCTURE, RIGHT? THEY HELP SUPPORT, UM, YOU KNOW, THAT TOURIST INDUSTRY.

AND THEN, YOU KNOW, LAW ENFORCEMENT, FIRE PROTECTION, SOLID WASTE COLLECTION, THINGS THAT ALSO ARE IMPACTED, UM, KEEPING UP WITH, WITH, UM, WITH TOURISM.

AND, AND REALLY WHEN YOU'RE THINKING ABOUT THIS AND LOOKING THROUGH THOSE APPLICATIONS, WHAT YOU WANNA SAY TO YOURSELF, AND IF Y'ALL HAVE BEEN ON THE BORDER WHILE YOU'VE HEARD THIS, UM, IS THIS PUTTING HEADS IN BEDS? IS WHAT THEY ARE BRINGING FORTH, GOING TO ACTUALLY DRAW MORE PEOPLE INTO OUR COMMUNITY AND HAVE THEM STAY AT A LOCAL HOTEL THAT'S KIND, OR, YOU KNOW, WHAT, WHATEVER SORT OF, YOU KNOW, HOUSING SITUATION THEY'RE DOING, IS IT GONNA BRING PEOPLE IN OR ARE THEY GONNA BE SPENDING THE NIGHT? THAT'S KIND OF REALLY WHAT YOU WANNA KEEP, UM, FRESH IN YOUR HEAD BECAUSE THAT'S WHAT'S GENERATING THIS REVENUE, AND THAT'S WHAT'S PUTTING IT, YOU KNOW, BACK OUT INTO THE COMMUNITY.

SO THERE IS A NEW CLAUSE AND THAT THIS IS ON YOUR AGENDA AS THE NEXT ITEM I'M TALKING ABOUT, AND IT'S KIND OF WRAPPED UP INTO THIS ONE.

BUT, UM, I FIRST WANNA SAY THIS WORKFORCE HOUSING, UM, COMPONENT, I DON'T KNOW, WOULD BE HERE IF IT WASN'T FOR HILTON HEAD ISLAND.

SO THE ISLAND REALLY PUSHED THIS, UM, AND IT WAS WONDERFUL.

I MEAN, THE TOWN REALLY GOT BEHIND THIS, UM, SENATOR DAVIS AND OR URGE SENATOR DAVIS TO SPONSOR THIS BILL AND, AND GET IT WRITTEN.

AND SO NOW WE HAVE ANOTHER ALTERNATIVE OF WHICH THESE EXPENDITURES ARE ALLOWED.

THEY ARE ALLOWED TO DEVELOP WORKFORCE HOUSING AND PROMOTE HOME OWNERSHIP.

SO, UM, HOW IS THAT DEFINED BY THE STATE WORKFORCE HOUSING, UM, MEANS SOMETHING APPROPRIATELY PRICED FOR RENT OR SALE, UM, THE INCOME NEEDS TO FALL WITHIN 30% TO 120% OF THE MEDIAN INCOME FOR THE LOCAL AREA.

UM, THERE ARE STIPULATIONS OF COURSE, THOUGH, UM, YOU MAY NOT EXCEED MORE THAN 50% OF YOUR ANNUAL ALLOCATION, UM, ON THE LOCAL SIDE, ON THE LOCAL ACCOMMODATIONS TAX REVENUE SIDE.

UM, AND THERE IS A SUNSET CLAUSE OF 2030.

UM, NOT TO SAY THAT IT COULD BE RENEWED AFTER THAT, BUT USUALLY WITH, WITH NEW CLAUSES, WE LIKE TO KIND OF, YOU KNOW, THE STATE LIKES TO REALLY SEE HOW IT GOES.

UM, NOW THE, SOME OF THE RESTRICTIONS, SO

[00:10:01]

AND IT'S MY UNDERSTANDING THAT THE TOWN IS IN THAT PROCESS NOW.

UM, IT'S NOT READY YET.

UM, MR. GRUBER MAY WANT TO COMMENT ON THIS A LITTLE BIT MORE.

THANK YOU, ASHLEY? YES.

YOU KNOW THE ANSWER TO THAT? SO WE HAPPEN TO HAVE THE TOWN ATTORNEY WITH US TODAY.

UM, SHORTLY AFTER THE LEGISLATION WAS ADOPTED AND SIGNED BY THE GOVERNOR, WE BEGAN SITTING DOWN AND, AND LOOKING AT WHAT THOSE REQUIREMENTS CALL FOR, BECAUSE IT'S SO NEW.

WE'RE STILL TRYING TO FIGURE OUT WHAT ALL OF THOSE ELEMENTS ARE.

UH, BUT WE'VE ENGAGED THE SERVICES OF TAMMY HOY HAWKINS, WHO'S AN EXPERT IN WORKFORCE HOUSING IN THE STATE, AND SHE'S HELPING US TO CRAFT THAT, UH, HOUSING IMPACT ANALYSIS.

GREAT.

SO, UM, SO THAT WILL BE AVAILABLE TO YOU ALL, AND THAT WILL MAKE IT, UM, MAKE YOU ALL ELIGIBLE WHERE YOU'RE ABLE TO ACTUALLY REVIEW THOSE APPLICATIONS FOR WORKFORCE HOUSING IN THE FUTURE.

UM, NOW I WANNA SKIP GEARS A LITTLE BIT.

THIS COMMITTEE IS CHARGED WITH THE STATE ACCOMMODATIONS TAX, BUT YOU WILL GET ASKED QUESTIONS ABOUT THE LOCAL ACCOMMODATIONS TAX.

THAT 3% I MENTIONED EARLIER THAT THE TOWN COLLECTS SEPARATE FROM WHAT IT RECEIVES FROM THE STATE.

I KNOW 1% OF WHAT THE TOWN COLLECTS IS DEDICATED TOWARDS BEACH PRESERVATION AND RENOURISHMENT.

UM, THE OTHER 2% GOES INTO, UM, A FUND THAT CAN BE SPENT UNDER THESE AREAS.

UM, AND, AND THESE, THESE SIX AREAS ARE ALSO THE SAME AREAS THAT HOSPITALITY TAXES ARE ALSO EVALUATED UNDER.

UM, SO THIS IS SEPARATE THAN WHAT YOU ALL WILL BE DOING, BUT JUST WANTED TO MAKE YOU AWARE.

UM, AND THEN ALSO, OF COURSE, WITH THE LOCAL, UM, THERE IS A WORKFORCE HOUSING COMPONENT AVAILABLE TO IT AS WELL.

UM, AND WITH THAT, THE RESTRICTION ON THE LOCAL USE IS IN THE COMPREHENSIVE PLAN THAT EVERY CITY AND TOWN HAS.

THERE'S, UM, I THINK NINE ELEMENTS OF THAT COMP PLAN.

ONE OF THE ELEMENTS IS A HOUSING ELEMENT.

AND SO WITHIN THAT HOUSING ELEMENT, YOU MUST, UM, SOLICIT THE INPUT FROM LOCAL HOME BUILDERS, DEVELOPERS, CONTRACTORS, YOU KNOW, FINANCIAL EXPERTS IN DEVELOPING THAT ELEMENT IN ORDER TO BE ABLE TO USE YOUR LOCAL AT TAX FOR THIS WORKFORCE HOUSING PURPOSE.

NOW, SOME COMMUNITIES HAVE ALREADY DONE THAT.

UM, SOME COMMUNITIES MAY NOT HAVE, UM, FLESHED IT OUT ENOUGH AND THEY FEEL THEY WANNA GO BACK TO THE DRAWING BOARD BEFORE THEY REALLY DELVE INTO THE WORKFORCE HOUSING COMPONENT.

UM, AND THEN JUST REAL QUICK, UM, ON THE LOCAL SIDE, COUNTIES COLLECTING AT LEAST 900,000 IN STATE ACCOMMODATIONS TAX.

YOUR COUNTY IS ONE OF THEM.

YOU MAY USE THOSE LOCAL ACCOMMODATION AND HOSPITALITY TAXES FOR THE OPERATION AND MAINTENANCE, UM, OF POLICE, FIRE, EMERGENCY MEDICAL.

I KNOW THE CITY OF CHARLESTON DEDICATES A LOT OF THEIR AT TAX AND H TAX DOLLARS TOWARDS THE, YOU KNOW, POLICING AND PROTECTION OF, UM, THE DOWNTOWN MARKET STREET AREA, UM, SOUTH ABROAD AREA.

UM, AND THEN THERE ARE SOME OTHER CHANGES NOT TOO LONG AGO.

UM, AND THE LAST ONE IS MORE RELEVANT, UM, WHERE AAX AND H TAX PROCEEDS CAN BE PLEDGED FOR SECURITY, FOR REVENUE BONDS TO REALLY HELP, UM, INVEST IN THOSE LONG TIME LARGER SCALE PROJECTS.

ALL RIGHT.

DOES ANYONE HAVE ANY QUESTIONS? AND, AND I KNOW THAT WE'RE ON A TIME CRUNCH, SO WE MAY BE SAVING THOSE TILL LATER.

NOT SURE YOU HAVE ANY QUESTION.

I, AS, AS A COMMITTEE, WILL WE BE, YOU ANTICIPATE UNDER THIS LEGISLATION THAT WE WOULD BE SEEING APPLICATIONS FROM, UM, NOT-FOR-PROFITS? OR IS THIS JUST, UH, UNDER THE, UH, SB UH, 2 84, YOU KNOW, THE WORKFORCE HOUSING? WOULD WE BE SEEING NOT-FOR-PROFITS MAKING APPLICATIONS FOR THESE? ANTICIPATE THAT? I THINK POTENTIALLY, I, I'M NOT, I'M, I'M NOT TOO SURE JOSH MAY HAVE A BETTER IDEA OF THE LOCAL GROUPS THAT WOULD BE APPLYING FOR THAT.

HERE.

MY UNDERSTANDING IS THAT BASED UPON THE LEGISLATION THAT WAS PASSED, THERE'S NOTHING THAT WOULD PROHIBIT AN ENTITY FROM REQUESTING SUCH FUNDS.

NOW, WHETHER THE COMMITTEE WOULD MAKE THAT RECOMMENDATION, AND THEN ULTIMATELY IF TOWN COUNCIL WOULD APPROVE THAT, THAT RECOMMENDATION FROM A POLICY STANDPOINT, THOSE ARE UNKNOWNS.

UH, BUT AT THIS POINT IT WOULD BE AN ELIGIBLE EXPENDITURE UNDER THE STATE ACCOMMODATIONS TAX, UH, LEGISLATION.

UM, JUST TO FURTHER ON THAT QUESTION, CLARIFICATION, DOES AN APPLYING ORGANIZATION HAVE TO BE NOT-FOR-PROFIT ON THE WORKFORCE HOUSING IN GENERAL? IN GENERAL? UM, NO.

I, I DON'T, I DON'T, I BELIEVE, I DON'T BELIEVE SO.

UM, JOSH, DO

[00:15:01]

OKAY, GOOD.

SO I'M, I'M GONNA DEFAULT TO HIM ON THAT ONE.

UM, 'CAUSE THIS, THIS QUESTION HAS COME UP PREVIOUSLY AND I, AND I, I THINK MAYBE AN OPINION HAD BEEN PROVIDED AT SOME POINT THERE.

I KNOW THERE'S AN ATTORNEY GENERAL'S OPINION, I THINK FROM 1985 ON THAT, I HAVE IT IN MY FILE.

SO IT SAYS FOR-PROFIT ORGANIZATIONS CANNOT, SO I'M ASSUMING THAT, THAT IT, THIS MEANS THAT NOT-FOR-PROFITS ARE, OR NON-PROFITS ARE THE ONLY ONES THAT CAN, I SEEM TO RECALL THAT THAT WAS THE, UM, BUT I, I THINK WHAT WE MAY NEED TO DO, AND I, THE QUESTION WAS WHETHER FOR-PROFIT CORPORATIONS OR ENTITIES REQUEST, UM, GRANTS UNDER THIS PROGRAM.

SO I THINK WHAT I'D LIKE TO DO, MR. CHAIRMAN, RATHER THAN PUTTING CURTIS ON THE SPOT TO COME UP WITH SOMETHING THAT MAY NOT BE ALL THAT FRESH IN ANYBODY'S MIND, I'M CONFIDENT THERE WAS A PREVIOUS OPINION THAT AROUND THAT WE'LL LOOK TO GET THAT OPINION AND WE'LL CIRCULATE IT TO THE, TO THE, OKAY.

ALRIGHT.

ONE OTHER FOLLOW UP, IS IT LIKELY THAT WE, THAT THE ANALYSIS FOR WORKFORCE HOUSING WOULD BE COMPLETE IN TIME FOR THIS YEAR'S APPLICATION IN TERMS OF THE HOUSING IMPACT ANALYSIS? I DON'T THINK SO.

PART OF IT IS THERE'S A NUMBER OF ELEMENTS THAT WERE IDENTIFIED THAT NEED TO BE INCLUDED IN THAT REPORT THAT, UM, AREN'T REALLY CLEAR IN TERMS OF YOU CAN'T JUST GO TO SOMEPLACE, GRAB A NUMBER AND BRING IT BACK.

UM, SO BECAUSE THIS IS THE FIRST TIME WE'RE PUTTING SOMETHING TOGETHER, NOT ONLY DO WE WANNA MAKE SURE THAT WE'RE RUNNING IT THROUGH ENTITIES LOCALLY, SO FOR EXAMPLE, UH, WE'VE BEEN WORKING CLOSELY WITH THE HOME BUILDERS ASSOCIATION BECAUSE IT'S HOUSING IMPACT ANALYSIS AND A LOT OF THE DATA THAT IT CALLS FOR, UH, IS RELATED TO IMPACTS TO BUILDING COSTS, HOUSING SUPPLY AND THINGS LIKE THAT.

SO BECAUSE THIS IS THE FIRST TIME THAT WE'RE DOING IT, WE'RE WANTING TO MAKE SURE WE GET THE DATA THAT'S ACTUALLY CALLED FOR.

UM, SO TO DIRECTLY ANSWER YOUR QUESTION, I DON'T, I THINK IT'S STILL GONNA BE PROBABLY, UH, A COUPLE MONTHS BEFORE WE HAVE THAT READY.

SO, SO IF THE HOUSING IMPACT STUDY IS JUST ONE STUDY, IT'S NOT DONE BY PROJECT, CORRECT? CORRECT.

IT'S THE, THE TOWN'S STUDY THAT IT HAS TO CONDUCT.

AND HOW OFTEN DOES THAT HAVE TO BE REVISED? THAT'S A GOOD QUESTION.

I DON'T KNOW THAT THE, THE LAW ADDRESSES THAT NOW ON THE, ON THE LOCAL ATEX SIDE, IT'S, IT'S GONNA HAVE TO AT LEAST BE REVIEWED EVERY FIVE YEARS BECAUSE IT'S A PART OF THE COMPREHENSIVE PLAN PROCESS.

BUT, BUT ON THE STATE ATEX, UH, THAT, THAT'S A GOOD QUESTION.

I DON'T THINK IT'S SPECIFICALLY OUTLINED IN STATE LAW THAT THERE IS ANY SORT OF, UM, REQUIREMENT.

IT ESSENTIALLY MAKES IT A PREREQUISITE THAT BEFORE ANY FUNDS CAN BE APPROPRIATED, THE STUDY MUST BE PERFORMED, AND THEN IT LISTS A NUMBER OF ENTITIES THAT THE STUDY HAS TO BE DELIVERED TO, UH, PRIOR TO BEING ALLOWED TO MAKE THAT, THAT REWARD.

BUT IT DOES NOT SAY ANYTHING ABOUT IT HAS TO BE UPDATED ANNUALLY OR IT HAS TO BE DONE EVERY TIME.

UM, SO WHAT WE'RE HOPEFUL FOR IS THAT ONCE WE HAVE IT IN PLACE, IT'LL BE IN PLACE FOR THE DURATION OF THIS INITIAL PERIOD, WHICH APPEARS TO BE A SEVEN YEAR, UH, KIND OF TRIAL WINDOW.

IF, IF THE TOWN, THAT 15% THAT CAN GO TO TOWARDS HOUSING, IF THE TOWN TOOK THAT MONEY, DO THEY, THEY CAN DISPERSE THAT MONEY TO ANY OF THOSE NONPROFIT ORGANIZATIONS SEPARATELY FROM THEM HAVING TO APPLY WITH THE ATEX COMMITTEE? CORRECT.

SO FOR EXAMPLE, IF THE TOWN TOOK, UH, HAD A MILLION DOLLARS THAT THEY TOOK AN ATEX, THEY COULD DISPERSE IT TO, UM, A NONPROFIT LIKE HABITAT, AND INSTEAD OF HABITAT COMING TO US AND FILING ITS OWN APPLICATION, I, I MEAN, YES, BECAUSE THE, THE TOWN HAS A PORTION OF IT THAT IT RECEIVES OUTSIDE OF WHAT COMES TO YOU ALL FOR APPLICATIONS.

IT HAS, AND, AND ALSO ON THE LOCAL SIDE AS WELL.

SO I HEAR A LITTLE BIT LATER ON, UH, OUR FINANCE DIRECTOR, JOHN TROY, IS GONNA GO OVER SOME OF THE HISTORICAL REVENUES AND EXPENDITURES WITHIN THE ACCOMMODATIONS TAX PROGRAM, AND YOU'LL SEE THAT THERE'S ONLY BEEN A PORTION THAT'S KIND OF COME THROUGH THIS COMMITTEE AS GRANTS.

THE TOTAL AT TAX EXPENDITURES IS ACTUALLY MUCH LARGER.

UM, LASTLY, TYPICALLY WHEN, UM, IF YOU TOOK AT TAX MONEY TO BOND OUT FOR A CULTURAL CENTER MM-HMM.

, UM, HOW DOES THAT WORK? HOW, WHERE DOES THE APPLICATION FOR THAT COME FROM? OR IS THAT A TOWN, TOWN STAFF WOULD, THAT WOULD BE A, A TOWN STAFF TYPE PROJECT? YES.

, ANY OTHER QUESTIONS FROM MEMBERS OF THE COMMITTEE AT THIS POINT? ALL RIGHT, THANK YOU.

KNOW, I'M, LOOK, I I'VE BEEN STUDYING THE, YOU HAVE A QUESTION OR ARE YOU GONNA MAKE A SPEECH I KEEP TO HELP AS BEST I CAN? UH, ARE, ARE WE GONNA REQUIRE, OR IS IT GONNA BE A REQUIREMENT

WELL, JUST WHENEVER, GO AHEAD.

JUST WHENEVER, I MEAN, IF I, YOU

[4. Update Regarding SC Bill 284]

[00:20:01]

TO, UH, SIGN CONTRACTS, LIKE TAX RECIPIENT AGREEMENTS, YOU KNOW, WITH EITHER THE D M O OR EVEN THE NONPROFITS TO WHICH WILL HELP THEM GIVE 'EM AN AGREEMENT THAT SPELLS OUT THE LEGAL USE AND HOW THE MONEY MUST BE USED AND HOW THE MONEY MUST BE REPORTED.

I THINK THAT'S A VERY SIMPLE THING THAT THE LAWYERS COULD PUT TOGETHER, AND THAT'S JUST ONE RECOMMENDATION.

I HAVE OTHERS, BUT I UNDERSTAND THIS IS NOT A, UH, A PLATFORM FOR A SPEECH.

I UNDERSTAND.

WE'RE JUST DOING QUESTIONS HERE TODAY.

THAT'S WHY I CAME TO HELP.

BUT I HAVE BEEN STUDYING THIS, AND I'M NOT A LAWYER, BUT I THINK I KNOW A LITTLE BIT MORE ABOUT THIS THAN THE LAWYERS WE HAVE ON STAFF.

AND I'M NOT TRYING TO DE DEGRADE THEM, BUT I'VE JUST BEEN STUDYING IT FOR 25 YEARS.

SO I'M HERE TO HELP.

SO ANYBODY WHO WANTS TO ASK ME A QUESTION, I WOULD HAPPY, HAPPY TO, TO ANSWER THAT FOR YOU AS A CITIZEN AND SOMEBODY THAT CAME HERE.

WE'LL MOVE ON NOW

[5. Review of Historic Accommodations Tax Collections and Expenditures]

TO ITEM FIVE OF THE AGENDA, WHICH IS THE REVIEW OF THE, UH, COLLECTIONS AND EXPENDITURES, HISTORIC REVIEWS.

GREAT.

THANK YOU, MR. CHAIRMAN.

UM, YEAH, LITTLE DISCUSSION.

LET'S SEE IF I CAN GET, UM, LET'S SEE IF I CAN GET THIS, UM, OFF OF HERE.

, WE HAVE AN EXTRA MENU ON OUR SCREEN, UH, THERE.

OH, LET'S JUST TRY THIS FROM THE BEGINNING.

THERE WE GO.

UM, PRELIMINARY AT TAX DISCUSSION.

THANK YOU FOR HAVING US TODAY.

THANK YOU FOR AN OPPORTUNITY TO TALK ABOUT THIS.

UM, I, I THINK IT'S JUST, UM, KIND OF SET THE STAGE FOR, UM, WHO DOES WHAT.

UM, ASHLEY, THANK YOU FOR PROVIDING A LITTLE BIT OF BACKGROUND.

STATE LAW GIVES US GUIDANCE.

STATE LAW GIVES US A FRAMEWORK, UM, TO HAVE, UM, ALL OF THESE DISCUSSIONS AND THIS WHOLE PROCESS STAFF.

WE SUPPORT THE COMMITTEE.

WE SUPPORT TOWN COUNCIL IN ALL OF THESE ACTIVITIES.

UM, THE ACCOMMODATIONS TAX COMMITTEE, YOU'RE A PLATFORM THAT YOU CAN RECEIVE INFORMATION, STUDY INFORMATION, MAKE RECOMMENDATIONS TO TOWN COUNCIL.

UM, TOWN COUNCIL THEN MAKES THOSE DECISIONS AND SETS POLICY FOR THE TOWN.

AND SO, UM, THAT'S OUR START OFF.

UM, WE HEARD IT TODAY.

SO IT'S A, IT'S A LOT OF WORK FOR THE COMMITTEE.

ASHLEY STATE, UM, COLLECTS THE MONEY.

STATE DISTRIBUTES THE MONEY, AND STATE PROVIDES THE GUIDANCE ON THE FUNDS, UM, LOCAL DISTRIBUTION.

UM, AGAIN, STATE LAW SAYS THIS, AND WE'VE BEEN THROUGH THIS.

THE TOWN IS UNDER CONTRACT WITH OUR CURRENT D M O UNTIL 2025.

AND SO THAT, UM, IS JUST A PIECE OF BACKGROUND INFORMATION, IF YOU'RE GONNA LOOK AT A PIE CHART OF THE DISTRIBUTION.

HERE'S OUR DISTRIBUTION.

UM, HERE'S OUR LAST SEVERAL YEARS OF REVENUES.

AND YOU CAN SEE 2020 WAS OUR COVID YEAR, AND WE SAW A LITTLE DROP OFF AND 21 SURPRISE, JUST IN A GOOD WAY.

22 SURPRISE US IN A GOOD WAY.

23 INCLUDES AN ESTIMATE FOR THE REST OF THE YEAR, BUT WE'RE SLIGHTLY OFF OF WHERE WE WERE LAST YEAR.

BUT, UH, WE'VE MADE SIGNIFICANT INCREASES SINCE 2020.

UM, BUT WE'RE NOT QUITE AS HIGH AS 2022.

SO YOU KIND OF GIVE, UM, A PREVIEW OF WHAT WE'RE GONNA BE CONSIDERING LATER.

UM, HOW HAS IT BEEN SPENT? WE'VE SPENT ON GRANTS, WE'VE SPENT ON CAPITAL IMPROVEMENTS.

WE HAVE A COUPLE OF THINGS COME THROUGH THE CAPITAL PLAN.

WE'VE HAD, UM, GENERAL FUND SUPPORT OF TOURISM SERVICES AND OF COURSE OUR GRANTS.

AND SO, UM, THOSE NUMBERS HAVE INCREASED, UM, SIGNIFICANTLY IN THE LAST COUPLE OF YEARS WITH THE INCREASE IN COLLECTIONS.

UM, YOU PUT THE REVENUES WITH THE SPENDING AND, UM, THIS WILL GIVE YOU JUST A LITTLE BIT OF HISTORY AND WE'LL MAKE SURE THAT THIS IS PROVIDED TO EVERYBODY.

UM, BUT OUR SPENDING IS CAUGHT UP WITH OUR REVENUES AND, AND WE'LL SEE HOW THIS WORKS OUT FOR THIS YEAR.

LAST YEAR, THE COMMITTEE RECOMMENDED AWARDING OF $5,033,000 IN GRANTS.

TOWN COUNCIL HAD A SLIGHTLY DIFFERENT OPINION AND AWARDED 4,000,006 IN GRANTS.

AND SO THAT'S NORMAL.

NORMALLY THE PROCESS, THE COMMITTEE DOES A LOT OF WORK.

THE COMMITTEE DOES A LOT OF, UM, UH, REVIEW AND, UM, HEARINGS AND, UH, THEY MAKE THAT RECOMMENDATION.

AND THEN TOWN COUNCIL TAKES THOSE RECOMMENDATIONS UNDER ADVISEMENT.

THEY DELIBERATE, AND, UM, THEN THEY MAKE THE FINAL DECISION AT THE COUNCIL LEVEL.

UM, JUST A LITTLE BIT HISTORY AND, AND WE'LL MAKE SURE EVERYBODY HAS COPIES OF THIS, BUT THESE ARE THE DIFFERENT ORGANIZATIONS SINCE 2019, HOW MUCH WAS AWARDED? WE DIDN'T HAVE AN OUT OF CYCLE, UM, AWARD IN 2021.

UM, BUT USUALLY IT'S JUST ONCE A YEAR.

SO WE GO THROUGH THIS PROCESS ONE TIME A YEAR.

UM, GRANTS ARE AWARDED, AND THEN WE COME BACK THE NEXT YEAR.

UH, IT'S TWO PAGES WORTH.

[00:25:01]

THERE'S A LOT OF PROPOSALS.

THESE ARE THE ONES THAT WERE FUNDED, AND SO THAT DOESN'T INCLUDE THE ONES THAT WERE NOT FUNDED.

UM, AND SO IT'S A LOT OF, UM, INFORMATION TO GO THROUGH.

SO THANK YOU FOR YOUR WORK.

THANK YOU FOR YOUR SERVICE.

UM, IT, IT DOES THE TOWN A GREAT SERVICE FOR, UM, ALL THE WORK THAT THE COMMITTEE DOES.

[6. Review of Accommodations Tax Advisory Committee Meeting Schedule for Fiscal Year 2023]

UM, A TIMELINE, THERE'S A LOT THERE.

WE'VE HAD SOME COMMENTS WITHOUT, HOW MANY MEETINGS DO YOU REALLY NEED? UM, THERE'S ACTUALLY A LOT OF WORK THAT NEEDS TO BE DONE.

AND YOU CAN SEE SOME OF THIS WORK STARTED IN APRIL, CONSIDERATION OF THE D M O MARKETING PLAN, THE ADOPTION OF THE APPLICATION, THE SETTING OF THE MEETING DATES HAPPENED APRIL.

AND SO NOT EVERYBODY WHO'S HERE NOW WAS HERE BACK IN APRIL.

AND SO THAT'S WHEN THIS WAS SET UP.

UM, JULY WE GOT IN OUR NEW BOARD MEMBERS, UM, JULY 31ST, OUR GRANT APPLICATIONS OPENED.

UM, LAST WEEK WE HAD AN INFORMATIONAL MEETING WITH APPLICANTS, AND SO THAT WAS, I, I HOPE IT WAS REAL HELPFUL FOR THE APPLICANTS AND, UM, THAT THAT WILL REAP THE BENEFITS OF, UM, THAT INFORMATION IN THE GRANT APPLICATIONS.

AND SO HOPEFULLY THAT WILL HELP THE COMMITTEE AS WELL, UM, WITH WHAT THEY SORT THROUGH AND WHAT THEY NEED TO, UM, EVALUATE.

UM, TODAY IT'S FOR COMMITTEE MEMBERS AND COUNCIL MEMBERS.

WE HAVE OUR CHAIRMAN OF OUR FINANCE AND ADMINISTRATIVE COMMITTEE HERE.

WE HAVE OUR MAYOR HERE AS WELL.

AND SO WE'RE, WE'RE CERTAINLY APPRECIATIVE OF THE ATTENTION FOR, UM, THE ACCOMMODATIONS TAX PROCESS.

UM, SEPTEMBER ONE IS A DUE DATE, AND SO, UM, MR. CHAIRMAN IS, UM, UH, VERY, UM, ADAMANT ABOUT OUR DUE DATES.

AND, UM, AND SO I, THAT MESSAGE HAS BEEN SENT AND WE HOPE THAT HAS BEEN RECEIVED LOUD AND CLEAR.

UM, SEPTEMBER 28TH, WE HAVE ON THE SCHEDULE A PRELIMINARY MEETING TO REVIEW APPLICATIONS.

SO IT'S AN OPPORTUNITY TO KIND OF GET TOGETHER, SEE WHAT WE HAVE, ARE THEY ALL COMPLETE, AND WHAT DO WE NEED TO SEE AND HEAR FROM THOSE HEARINGS.

OCTOBER 12TH AND 19TH ARE THE HEARINGS.

THE APPLICANTS WILL PRESENT, UH, THEIR STORY.

THEY'LL PRESENT THEIR ASK FOR, UM, TO REALLY TO SUPPLEMENT THE WRITTEN GRANT APPLICATION.

THEY'LL BE ABLE TO TELL THE STORY AND THE COLOR OF THE STORY, UM, THAT THE COMMITTEE CAN HELP CONSIDER.

UM, AND THEN NOVEMBER 2ND, WE HAVE IT ON THE SCHEDULE.

THE COMMITTEE WILL MAKE A RECOMMENDATION, UM, FOR THOSE GRANTS TO TOWN COUNCIL.

WE'LL RUN A SPREADSHEET AND MAKE SURE THAT IT TOTALS WITH WHAT'S AVAILABLE.

AND THEN DECEMBER 5TH TOWN COUNCIL WILL TAKE THOSE RECOMMENDATIONS.

WE'LL HELP.

AND THAT'S PART OF WHAT, UM, OUR ADMINISTRATIVE HELP WILL BE, IS WE'LL HELP CRAFT THE, UM, UH, LETTER THAT GOES FROM THE COMMITTEE TO TOWN COUNCIL TO SAY, HERE'S OUR RECOMMENDATIONS, AND HERE'S HERE'S THE PROCESS THAT WE WENT THROUGH.

SO THAT TOWN COUNCIL WILL HAVE A FULL UNDERSTANDING OF THE WORK THAT THIS COMMITTEE WAS ABLE TO DO AND AN UNDERSTANDING OF THE COMMITTEE'S RECOMMENDATIONS.

AND SO THEN TOWN COUNCIL WILL FOLLOW THAT UP AND, AND TAKE THAT UNDER ADVISEMENT AND CONSIDER THAT IN THEIR DECEMBER 5TH MEETING.

UM, THERE'S MORE BEYOND THE GRANTS.

AND SO COMING UP IN MARCH, UH, THE D M O MARKETING PLAN AND THE BUDGET WILL BE RECEIVED, UM, APRIL, THE COMMITTEE CAN HEAR FROM THE D M O FOR ON THE BUDGET AND THE MARKETING PLAN.

AND, UH, THEN EVENTUALLY THE COMMITTEE IS GOING TO MAKE RECOMMENDATIONS TO TOWN COUNCIL ABOUT THOSE.

AND IN, IN THE SAME PROCESS AS THE GRANTS, UM, THE COMMITTEE IS INTO THE, UM, PROCESS, VERY MUCH INTO THE DETAILS.

THEY HEAR THE PROPOSALS AND THEY CONSIDER THE PROPOSALS AND MAKE A RECOMMENDATION TO TOWN COUNCIL.

AND THEN TOWN COUNCIL WILL CONSIDER THAT RECOMMENDATION FROM THIS COMMITTEE.

AND SO, UM, TOWN COUNCIL CERTAINLY APPRECIATES THE WORK THAT, UM, THE COMMITTEE DOES IN, IN THE SPRINGTIME TOO.

IT'S VERY IMPORTANT WORK.

SO I, I HOPE THAT WE'VE PROVIDED A FRAMEWORK AND YOU HAVE ANY COMMENTS OR QUESTIONS.

UM, BEGIN.

A, A FRAMEWORK FOR AN OPEN DISCUSSION ABOUT THAT.

BEGIN YOUR LAST POINT.

UM, IS IT POSSIBLE TO KNOW THE TOWN'S PRIORITIES BECAUSE THE COUNCIL IN THE PAST YEARS HAS MADE RECOMMEND, I MEAN, THIS COMMITTEE HAS MADE RECOMMENDATIONS AND THEN COUNCIL MAY HAVE LOWERED THEM IN SOME CASES.

SO IS IT ADVISABLE OR HELPFUL TO KNOW THE TOWN'S PRIORITIES FOR ALL CONSIDERATION WE HAVE, BECAUSE THERE HASN'T BEEN AN OPPORTUNITY TO SAY WHY OR EXPLAIN THE DIFFERENCE.

RIGHT.

AND, AND, AND, AND, AND THANK YOU FOR YOUR QUESTION.

AND IT'S BEEN KIND OF LINEAR.

UM, THE COMMITTEE DOES ITS WORK AND THEN COUNCIL DOES ITS WORK AND, AND IT, THEY DON'T NECESSARILY OVERLAP THAT MUCH.

AND, AND I FEEL LIKE THIS MEETING TODAY IS A, A REALLY HELPFUL START.

WE'VE GOT OUR FINANCE COMMITTEE CHAIR, WE'VE GOT OUR MAYOR HERE, WE HAVE OUR TOWN MANAGER HERE.

UM, AND SO I THINK THAT PROVIDES AT LEAST

[00:30:01]

SO, UM, THE COMMITTEE AND AND TERM COUNCIL HAVE A, A GOOD UNDERSTANDING OF EACH OTHER.

THEY'RE BOTH INDEPENDENT BODIES, BUT YES.

YEAH, I JUST WANNA FOLLOW UP WITH THAT.

I THINK WHERE YOU'RE COMING FROM IS WE SPEND A LOT OF TIME CONSIDERING THESE RECOMMENDATIONS AND THEN WE PASS THEM FORWARD.

AND IF THEY'RE NOT FALLING IN LINE WITH WHERE TOWN COUNCIL IS, WE DON'T WANNA FEEL LIKE WE'RE SPENDING OUR WHEELS AND WASTING OUR TIME AND MAKING RECOMMENDATIONS THAT DON'T MAKE SENSE TO TOWN COUNCIL.

SO MAKING SURE WE'RE ON THE SAME PAGE THAT WE'RE MAKING RECOMMENDATIONS THAT FALL IN LINE WITH WHERE TOWN COUNCIL STANDS.

I THINK THAT'S OUR ULTIMATE GOAL.

WE DON'T WANT TO DO SOMETHING THAT IS COUNTERPRODUCTIVE TO WHAT TOWN COUNCIL'S TRYING TO DO AS WELL.

GREAT.

THANK YOU FOR YOUR COMMENT.

AND, AND, AND JUST KNOW THAT THE VAST MAJORITY OF, UM, DECISIONS MADE BY TOWN COUNCIL ARE AFFIRMING WHAT THE COMMITTEE HAS RECOMMENDED.

THE VAST MAJORITY.

UH, SOMETIMES THEY HAVE SOME SLIGHT DIFFERENCES, BUT USUALLY THEY'RE JUST SLIGHT DIFFERENCES THAT REGARD.

WE HAVE OPPORTUNITIES HERE TO FUND OPERATING COSTS AS WELL AS CAPITAL PROJECTS.

THAT'S, IT MIGHT BE HELPFUL TO HAVE SOME GUIDANCE AT SOME POINT FROM THE TOWN WHERE THE PRIORITIES MAY BE.

'CAUSE THE CAPITAL ARE OBVIOUSLY LARGE INVESTMENTS, BUT THEN THEY STOP, GO BACK TO MOVING THAT MONEY INTO OPERATING FOR OTHER PEOPLE.

OR DO WE CONTINUE PROVIDING CAPITAL TO OTHER ORGANIZATIONS AS, AS TOWN COUNCIL TAKES A LOOK AT? IT'D BE HELPFUL TO HAVE SOME GUIDANCE ON THAT.

USE OF THE FUNDS THAT WOULD PROMOTE THE TOURISMS. I'M JUST TRYING TO, I'M JUST, I'M JUST TRYING TO WONDER HOW THAT, THAT 15% MATTER OF FACT, CURRENT PEOPLE THAT ARE AWARDED FROM THE 65% YOU SEE AN, AN IMPACT THERE, OR DO YOU, DO YOU THINK THAT IT WILL BE MINIMAL? WELL, NO, IT'S A PRIOR, IT'S A MATTER OF PRIORITIES.

THANK YOU FOR YOUR COMMENTS.

UM, THE SUPPLEMENTAL D M O DOES, WOULD THAT PASS THROUGH THIS COMMITTEE AS WELL? IT WOULD.

AND AS FAR AS THE, UM, THE, WHAT, WHAT TOWN COUNCIL MAY PRIORITIZE, WOULD THE STRATEGIC PLAN BE OUR GUIDE FOR SOMETHING LIKE THAT? WE HOPE IT WOULD BE HELPFUL.

UM, ONE OTHER QUESTION BACK TO THE WORKFORCE HOUSING, UM, COMPONENT.

UH, WHEN IT DOES BECOME APPLICABLE, WILL THOSE DOLLARS COME OUT OF THE 65% POT? AM I CLEAR THE 65% OF THE TAXES THAT ARE ALLOCATED FOR TOURISM EXPENDITURES, WILL THE WORKFORCE, UH, COMPONENT COME OUT OF THAT POT? IT COULD MM-HMM.

, SO POTENTIALLY THE 65% WOULD BE 50%.

IT COULD, UH, THERE HAVEN'T BEEN ANY PROPOSALS.

UM, AND, AND, BUT THAT COULD BE SOMETHING THAT THE COMMITTEE WOULD CONSIDER IF THERE WERE AN APPLICATION.

IT COULD BE SOMETHING THE TOWN COUNCIL COULD CONSIDER SUPPLEMENTALS, THERE COULD BE REQUEST FOR WORKFORCE.

RIGHT.

AND, AND SO I WOULD NOT BE SURPRISED BY BOTH BODIES TAKING UP, UH, REQUESTS THAT WOULD EVENTUALLY GO BY.

THAT OF COURSE, LIKE, UM, OUR DEPUTY, UH, TOWN MANAGER TALKED ABOUT IS LIKE, WE'RE STILL IN THE EARLY PART OF DOING THIS STUDY AND, UH, WE'LL HAVE TO REMIT THE STUDY TO THE, UM, APPROPRIATE AUTHORITIES BEFORE WE'RE ABLE TO EVEN CONSIDER IT.

BUT IT'S, IT'S IN PROCESS.

AND ON THE WAY FOLLOW UP, I HAVEN'T BEEN A PART OF THE SUPPLEMENTAL GRANT PROCESS, SO COULD YOU BRIEFLY DESCRIBE HOW DOES THAT HAPPEN? IF THERE'S A NEED FOR SUPPLEMENTAL? IT'S MY PERSONAL OPINION.

THIS IS ME.

I'M JUST HERE TO SUPPORT.

UM, YOU CAN GENERALLY DO THE WORK AND MAKE THE PRIORITIES ONE TIME IS ENOUGH.

UM, SOME, THERE HAVE BEEN SOME AGENCIES THAT HAVE MADE, UM, AN APPEAL, UM, AND, AND, AND HAD THEIR APPEAL HEARD AND, UM, WERE SUCCESSFUL IN ACHIEVING FUNDING.

BUT I, I THINK, UM, ON AN ANNUAL BASIS IS PROBABLY A MORE, UM, FAIR WAY.

EVERYBODY'S HAS A, AN OPPORTUNITY TO APPLY AND ALL GRANTS ARE ON A LEVEL PLAYING FIELD, AND ALL GRANTS ARE CONSIDERED CONSIDERED AT THE SAME TIME.

AND THAT'S JUST ME PERSONALLY, IN MY OPINION, , BUT THAT SUPPLEMENTAL GRANT IS JUST KIND OF LEAVES THE DOOR OPEN FOR SOMEBODY TO COME BACK IN AND SAY, HEY, WE HAVE A NEW OPPORTUNITY WE'D LIKE TO TAP INTO.

RIGHT? AND, AND THERE MIGHT BE, YEAH, SOMETHING THAT WASN'T EVEN CONSIDERED, UM, IN THE FALL AND, AND NOW THERE'S AN OPPORTUNITY IN THE SPRING AND, UH, THE COMMITTEE, UH, OR TOWN COUNCIL MAY WANT TO CONSIDER IT.

AND SO, YES.

THANK YOU FOR YOUR COMMENT.

CAN YOU, CAN YOU TELL ME OUT OF THAT 65%, WHAT IS THERE, IS THERE FREQUENTLY MONEY LEFT OVER OR IS IT ALL USED? IT'S, UM, GENERALLY BEEN THE, UM, APPROACH IS TO USE EVERYTHING THAT'S AVAILABLE.

I, I THINK THE APPROACH HAS BEEN THESE FUNDS ARE THERE TO PROMOTE THE ISLAND AND LET'S MAKE SURE THAT WE FULLY UTILIZE IT.

IS IT, IS IT USUALLY SENT, I MEAN, IS IT USUALLY USED BY, BY THE GRANTS OR IS IT, OR IS THERE LEFTOVER THAT GOES BACK TO THE GENERAL FUND? NO, WE, IT, IT'S HELD TO, UM, IT, IT IT'S IN THE ACCOMMODATIONS TAX FUND.

AND SO, UM, AND SO JUST WHAT GOES INTO THE GENERAL FUND IS JUST WHAT IS A NORMAL, UM,

[00:35:01]

AND SO, UM, THE COMMITTEE AND TOWN COUNCIL WILL HAVE AN OPPORTUNITY TO CONSIDER, UM, YOU KNOW, YOU'LL HAVE A LONG LIST.

THERE'S USUALLY, UM, THE LAST COUPLE YEARS HAVE BEEN IN, IN A GOOD WAY, UM, BECAUSE REVENUES HAVE BEEN ABLE TO FUND, UM, THE GRANTS AS WELL AS THEY HAVE BEEN IN PREVIOUS YEARS.

THERE'S BEEN, UH, A LOT MORE TIME IN CUTS.

AND, AND SO I, IT'S A MATTER OF WHAT'S THE MOST IMPORTANT USE OF THE FUNDS.

AND SO, UM, I THINK THAT WILL ENTER INTO THE DISCUSSIONS.

WE GOTTA BALANCE WORKFORCE HOUSING WITH ADVERTISING AND PROMOTION OF EVENTS AND, UM, THEY'RE ALL GOOD AND POSITIVE THINGS FOR THE TOWN, AND THIS IS WHERE THE CRUX AND THE, THE DIFFICULT PART OF THE RECOMMENDATIONS COME IN IS LIKE, OKAY, WHAT WOULD BE THE MOST IMPORTANT PRIORITY? BECAUSE THEY'RE ALL GOOD.

JUST TO FOLLOW UP ON THAT, YOU SAID LAST YEAR THERE WAS $13 MILLION AND IT'S 65% OF THAT IS ROUGHLY $8 MILLION.

, AND OUR RECOMMENDATION WAS AROUND $5 MILLION.

THAT EXTRA $3 MILLION MM-HMM.

DOES THAT GO INTO A POT AGAIN FOR MORE PUBLICITY AND MARKETING ON THE ISLAND, BUT WHEN IS THAT MONEY TAPPED INTO SOME OF THAT MONEY? SOME OF THAT MONEY WAS USED BY THE, UM, TOWN FOR, UM, TO SUPPORT TOURIST, UM, SERVICES LIKE FIRE RESCUE.

FIRE RESCUE.

WE HAVE A LARGER FIRE RESCUE DEPARTMENT THAN WE WOULD OR IT NOT FOR TOURISTS.

AND SO THE TOWN GETS SOME FUNDING THROUGH ITS GENERAL FUND AND ALSO THE TOWN USED, UM, SOME MONEY FOR THE CAPITAL PLAN IN TO ENHANCE THE PATHWAY SYSTEM.

AND SO THAT'S WHERE, THAT'S WHAT HAPPENS.

SO, SO THE TOWN MIGHT SEE THAT EXTRA MONEY SITTING THERE AND THEN, AND THEN THEY'LL, THEY'LL DECIDE HOW TO SPEND IT AS OPPOSED TO NOT IT NOT BEING IN THE ORIGINAL BUDGET.

WELL, IT, IN, IN THE CASE OF THE PATHWAYS AND IN THE CASE OF, UM, YOU KNOW, SUPPORTIVE TOURIST, UM, SERVICES, IT, IT'S A PART OF THE BUDGET DISCUSSIONS THAT THE TOWN COUNCIL GOES THROUGH IN THE SPRINGTIME, BUT IT, IT, YES, IT'S, UM, YEAH, WHAT WE GET TO A POINT WHERE IT'S, UM, UH, ONE PIE AND IT'S A MATTER OF PRIORITIZING THAT PIE IN IN THE MOST EFFECTIVE MANNER.

AND, AND YEAH, THE COMMITTEE'S GOT SOME HARD CHOICES AND TOWN COUNCIL HAS SOME HARD CHOICES AND WE'VE BEEN EXTREMELY FORTUNATE THAT WE'VE HAD THE ADDITIONAL REVENUES TO BE ABLE TO MM-HMM.

MAKE RECOMMENDATIONS TO PRETTY MUCH EVERY ORGANIZATION THAT IT MAKES SENSE TO.

SO, UM, CURIOUS IF THAT CAN BECOME A RAINY DAY? I KNOW THERE'S ONLY A TWO YEAR YEAH.

STATE LAW PROVIDES FOR TWO YEARS.

YES.

WE, JEFFREY, UH, I THINK WHERE A LOT OF CONFUSION COMES IN IN THE LAW IS WITH THE ADDITION OF THE WORKFORCE , I'M SORRY, MR. CHAIRMAN, LET ME, LET ME INTERJECT REAL QUICK.

IN THE CASE THAT, UM, WE DON'T HAVE ENOUGH FUNDING FOR AN APPLICANT YEAR, A CYCLE, ARE THOSE FUNDS STILL AVAILABLE OR THEY'VE ALREADY BEEN SPENT BY THE TOWN WORKING ON DIFFERENT THINGS LIKE, UH, POLICE FIRE DEPARTMENTS AND BIKE PATHS? SO IT'S NOT A RAINY DAY FUND FOR US ANYMORE.

WE'RE KIND OF WITHOUT IT.

WHAT, UM, YEAH, I, MY EXPECTATION WOULD BE IS THAT, UM, THIS NEW YEAR IS GONNA BE MUCH NOT LIKE 20 21, 20 22, WHICH WE'RE UNUSUALLY GOOD.

IT'S GONNA BE MORE LIKE 20 19, 20 20, WHERE IT'S WORTH SPENDING EVERYTHING THAT WE DO, EVERYTHING THAT WE HAVE EACH YEAR.

AND, AND SO, UM, I DON'T THINK IT'S GONNA BE OFF.

I THINK OUR LAST NUMBERS WERE, UH, YOU KNOW, NOT DRAMATICALLY DOWN, BUT JUST A LITTLE BIT DOWN.

UM, AND, AND SO THEY'RE, THEY'RE STILL FROM A HISTORICAL SENSE, UM, BETTER THAN NORMAL.

WE JUST HAD TWO OUTSTANDING YEARS THAT, THAT MONEY, WHEN IT GOES WHEN THE TOWN SPENDS THAT MONEY STILL GOES TO THE SAME PURPOSES THAT ARE DEFINED IN THE ATEX THOUGH, CORRECT? YEAH.

IT'S GOTTA SUPPORT TOURISM.

YES.

ANY OTHER QUESTIONS FROM THE COMMITTEE? THANK YOU, JOHN.

THANKS JOHN.

[7. Review of Accommodations Tax Advisory Committee Bylaws and Rules of Procedure]

IF YOU'RE GONNA SPEAK, WE WOULD ASK YOU PLEASE COME UP.

SURE.

JUST GIVE US YOUR NAME AND THERE YOU GO.

HOWEVER, A COUNTY OR MU MUNICIPALITY MAY NOT EXPEND OR DEDICATE MORE THAN 15% OF ITS ANNUAL LOCAL ACCOMMODATIONS, TAX REVENUE FOR THE PURPOSES SET FORTH IN THIS ITEM.

UM, JEFFREY REEVES, UH, MY QUESTION IS, I THINK, UH, A LOT OF CONFUSION THAT HAPPENS IN THE LAW, UH, WHERE IT DELINEATES WHERE, WHERE IT COULD BE SPENT AND USED FOR IS, UH, IT STATES

[00:40:01]

AND THEN THE MORATORIUM IN 2030.

I THINK IT'S THE USE OF WORD LOCAL THAT HAS CONFUSED A LOT OF PEOPLE IN THIS, EVEN THOUGH IT PROBABLY MEANS THE STATE INCOME TAX RETURNING BACK TO THE LOCAL MUNICIPALITY.

BUT 15% OF ITS ANNUAL.

IS IT THE ANNUAL TOTAL OR IS IT 15% OF THE 65% THAT'S NOT WELL OUTLINED.

YEP.

AND, AND THAT WAS IN THE MOST RECENTLY ADOPTED LEGISLATION.

UM, IF YOU GO BACK TO WHAT WAS ULTIMATELY PASSED, THERE ARE TWO SEPARATE STATUTORY SECTIONS IN SOUTH CAROLINA.

CODE.

ONE FOR STATE YEP.

A TAXES AND THE OTHER FOR LOCAL AT TAXES.

I BELIEVE THAT THAT LANGUAGE CAPPING THE AMOUNT AT 15% IS PRESENT IN BOTH.

IT IS STATUTORY SECTIONS.

IT'S THE SAME LANGUAGE NOW.

IT IS, IT'S THE SAME LANGUAGE FOR BOTH.

AND IT'S SPECIFICALLY FOR WORKFORCE HOUSING ALLOCATIONS.

RIGHT.

I UNDERSTAND THAT, BUT IS IT 15% OF THE TOTAL REVENUE FOR 15% OF THE 65%? I, I BELIEVE IT'S GONNA BE 15% OF THE 65%, BECAUSE THE OTHER, WHEN YOU READ DOWN THROUGH THE STATUTE, OKAY, YOU START AT THE TOP AND IT SAYS YOU'RE GONNA TAKE 5% OFF THE TOP, OR I'M SORRY, 25,000 OFF THE TOP.

RIGHT? THEN YOU HAVE YOUR, UH, OTHER DISTRIBUTIONS.

AND SO BY THE TIME YOU GET TO THE 65%, THAT'S WHEN, THEN IT'S CAPPED AT 15%.

AS LONG AS WE'RE CLEAR .

ACTUALLY, WAIT, ACTUALLY, DO YOU HAVE AN ANSWER FOR THAT? BECAUSE WOULD IT BE, SO THE 30% THAT GOES TO THE D M O AND THE 5% AND THEN THE $50,000, THAT'S ALL OFF THE BOARDS, AND SO IT'S ONLY THE 15% OUTTA THE 65%.

THAT WAS MY, YEAH, THAT'S WHY I WAS, THAT WAS WHAT I WAS ASKING LINA TO, WITH THAT EXTRA MONEY BEING THERE USING THOSE ROUGH NUMBERS, 15% OF THAT 65% WOULD'VE GIVEN US $1.2 MILLION TO GRANT TOWARDS WORKFORCE HOUSING, STILL NOT AFFECTING THE $5 MILLION WE WERE TO RECOMMEND FOR OUR ORGANIZATIONS.

SO THANK YOU.

THAT WAS MY QUESTION AS TO WHAT IS THAT FUND USED FOR? UM, 'CAUSE I THINK WE HAVE A LOT OF QUESTIONS ON, YOU KNOW, CUTTING 15% OFF OF THE AVAILABLE FUNDS FOR OUR ORGANIZATIONS.

UH, HISTORICALLY I THINK THAT PUTS A LOT OF PEOPLE ON EDGE, AND THAT'S WHERE THE QUESTION WAS.

SO I WANTED TO POINT OUT THAT FOR THE PAST SEVERAL YEARS, WE'VE HAD SIGNIFICANT FUNDS TO BE ABLE TO FUND EVERYBODY.

THAT ADDITIONAL 15%, WE STILL HAVE PLENTY OF FUNDS THERE TO WORK TOWARDS WORKFORCE HOUSING.

MR. CHAIRMAN, MEMBERS OF THE COMMITTEE, MY NAME IS CURTIS COLTRANE, I AM THE TOWN ATTORNEY, AND I HAVE BEEN ASKED TO SPEAK TO YOU ON FOUR ISSUES, UM, RELATED TO YOUR SERVICE AS A MEMBER OF THIS COMMITTEE.

NEXT ITEM ON THE AGENDA, UH, DEALS WITH THE, OUR, OUR BYLAWS AND RULES OF PROCEDURE FULL TRAIN.

[8. Review of South Carolina Freedom of Information Act Requirements]

BEFORE WE BEGIN THOUGH, UH, PREVIOUSLY THERE WAS A QUESTION ABOUT THE NOT-FOR-PROFIT.

AND IN FACT, THAT IS SOMETHING THAT WE RESEARCHED TWO YEARS AGO, AND I HAD TO GO LOOK AT IT IN ORDER TO RECALL IT.

BUT, UH, THERE, THERE, THERE, THERE WAS A PROJECT AND WHAT IT, THE AT TAX STATUTE ITSELF, WHICH IS 6 4 10, DOES NOT INCLUDE A PROHIBITION ON GRANTS TO FOR-PROFIT ENTITIES THAT HAS BEEN LITIGATED IN SOUTH CAROLINA, BUT NOT TO A FINAL CONCLUSION.

THERE WAS A CASE COMING OUT OF MYRTLE BEACH WHERE, UM, GRANTS WERE MADE TO TWO FOR-PROFIT ENTITIES.

THE, UM, BOARD IN MYRTLE BEACH TURNED IT DOWN.

THAT WAS APPEALED.

NOW, EXCUSE ME, THEY WERE MADE, THE TURK COMMITTEE STATEWIDE, UM, DEDUCTED AN AMOUNT FROM THE MYRTLE BEACH ALLEGATION BECAUSE IT THOUGHT THEY WERE IMPROPER.

THAT WAS APPEALED TO THE ADMINISTRATIVE LAW COURT.

THE ADMINISTRATIVE LAW JUDGE FOUND THAT THE PLAIN LANGUAGE OF THE STATUTE DID NOT INCLUDE A PROHIBITION ON GRANTS TO FOR-PROFIT ENTITIES.

THAT WAS APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS.

[00:45:01]

WHILE THAT WAS PENDING, THE FOLKS IN MYRTLE BEACH WERE SUCCESSFUL IN A LOBBYING EFFORT TO GET THEIR FUNDS RESTORED.

AND AT THAT POINT, THE, UM, COURT OF APPEALS FOUND THAT THE MATTER WAS NOW MOOT BECAUSE THEY HAD THEIR MONEY AND THE CASE ENDED.

SO THE SHORT ANSWER IS, IS THAT THE LANGUAGE OF THE STATUTE DOESN'T PREVENT IT.

THE LONGER ANSWER IS IT IS AN UNSETTLED QUESTION.

I DID SPEAK AT THE TIME, THIS WAS AGAIN, TWO YEARS AGO, TO JOHN HAER, WHO IS A LAWYER IN COLUMBIA, WHO HAS FOUR YEARS ADVISED THE STATEWIDE TURK.

AND HE SAID THAT THE QUESTION HAD NOT COME UP AGAIN, BUT THAT WHAT THE STATEWIDE COMMITTEE HAD DONE FOLLOWING THE MYRTLE BEACH CASE, WAS TO FOCUS ITS ATTENTION ON WHETHER OR NOT ANY EXPENDITURE WAS IN FACT A TOURISM RELATED EXPENDITURE AS DEFINED BY THE STATUTE, AS OPPOSED TO SPENDING TOO MUCH TIME FOCUSING ON WHO GOT THE ALLOCATION.

SO THE SHORT ANSWER IS, UM, IT IS AN OPEN QUESTION, ALTHOUGH IT APPEARS TO BE THAT THE, UH, STATUTE, WELL, IT, WELL, WELL, THE STATUTE DOESN'T PROHIBIT IT.

AND IT APPEARS THAT AT LEAST NOW THIS BODY OF THE, UH, CO CONSTITUTED BODY OF THE TURK ISN'T, ISN'T FOCUSING ON THAT.

DOES THAT MEAN THAT IT'S, YOU KNOW, SETTLED? IT DOES NOT.

I DON'T BELIEVE IT'S SETTLED.

AND TURK DOESN'T GIVE ANY ADVISORY OPINIONS.

IT DOES NOT.

SO IT, IT HAS BEEN TRIED ONCE RESULTING IN A, A, UH, NON-DECISION, UNFORTUNATELY.

DO WE KNOW IF ANYBODY IS DOING IT? AND IT JUST HASN'T BEEN TRIED, IF ANY OTHER COMMITTEES ARE, ARE GIVING OUT MONEY LIKE THAT, HONESTLY, I DON'T KNOW.

UM, AGAIN, WHAT, WHAT MR. HAER TOLD ME WAS, IS THAT THE FOCUS OF THE COMMITTEE HAD SHIFTED TO THE NATURE OF THE EXPENDITURE AS OPPOSED TO THE NATURE OF THE RECIPIENT.

AND AGAIN, SORRY, I DIDN'T REMEMBER THAT OFF THE TOP OF MY HEAD, BUT WE WERE ABLE TO PULL IT UP AND THAT'S, THAT'S WHAT IT SAID.

SO WITH THAT, UM, I'VE BEEN ASKED TO SPEAK ON FOUR ISSUES BEING MEETING QUORUM, COMMUNICATIONS AMONGST COMMITTEE MEMBERS IN THE PUBLIC, PUBLIC RECORDS, AND EXECUTIVE SESSION MATTERS.

THE FIRST ONE IS, IS THE EASIEST ONE, WHICH IS A QUORUM.

YOUR OWN RULES REQUIRE THAT A QUORUM IS A MAJORITY OF THE MEMBERS OF THE COMMITTEE THAT IS CONSISTENT WITH THE TOWN CODE, WHICH IS WHAT IS REQUIRED OF TOWN COUNCIL, MEANING THAT YOU HAVE SEVEN, SEVEN, SEE ONE, YOUR, YOUR QUORUM IS FOUR.

IF YOU DO NOT HAVE A QUORUM, UH, YOU CANNOT CONDUCT ANY SUBSTANTIVE BUSINESS.

THERE ARE A COUPLE OF THINGS YOU CAN DO IF YOU MEET AND DON'T HAVE A QUORUM, AND ONE OF THOSE IS TO TRY AND GAIN A QUORUM.

THE MEMBERS OF THE COMMITTEE CAN CONTACT OTHER MEMBERS AND FIND OUT WHERE THEY ARE AND SEE IF THEY CAN COME TO THE MEETING TO GENERATE A QUORUM.

YOU CAN ALSO MOVE TO ADJOURN PENDING THE, THE, THE COLLECTION OF A QUORUM OR THE NEXT MEETING.

BUT YOU CANNOT CONDUCT ANY SUBSTANTIVE BUSINESS IN THE ABSENCE OF A QUORUM.

YOU, YOU SIMPLY CAN'T ACT.

SO, UH, YOU KNOW, IF, IF, IF ONLY THREE SHOW UP, THE ONLY THING THAT YOU CAN DO THAT MIGHT ENABLE YOU TO MOVE FORWARD WOULD BE TO SEE IF YOU CAN GET ANOTHER MEMBER TO APPEAR AT THAT TIME.

OTHERWISE, THE ONLY THING YOU CAN DO IS, IS ADJOURN AND WAIT UNTIL YOU HAVE A QUORUM TO CONDUCT YOUR BUSINESS.

THE THE NEXT TWO, REALLY, THE NEXT THREE COMMUNICATIONS AMONGST COMMITTEE MEMBERS AND THE PUBLIC, PUBLIC RECORDS AND EXECUTIVE SESSION ARE ALL KIND OF, OF A PIECE.

THEY'RE ALL FREEDOM OF INFORMATION ACT ISSUES.

UM, COMMUNICATIONS AMONGST COMMITTEE MEMBERS AND THE PUBLIC AND PUBLIC RECORDS ARE, ARE REALLY SIMPLY EXPLAINED IN THIS WAY.

ALL COMMITTEE BUSINESS, ALL DOCUMENTATION AND WRITTEN COMMUNICATION BY AND BETWEEN MEMBERS AND MEMBERS OF THE PUBLIC RELATED TO COMMITTEE BUSINESS IS A PUBLIC RECORD.

IT DOES NOT MATTER WHAT DEVICE THE COMMUNICATION MIGHT BE ON.

IF A MEMBER IS CONDUCTING THE COMMITTEE'S BUSINESS, EITHER WITH ANOTHER COMMITTEE MEMBER WITH TOWN HALL, OR WITH A MEMBER OF THE PUBLIC.

IT IS A PUBLIC RECORD.

AND I KNOW THAT CELL PHONES AND EMAIL IN COMPUTER HAS COMPUTERS HAS LESSENED PEOPLE'S NEED TO FEEL THAT SUCH COMMUNICATION OUGHT TO BE MORE FORMAL THAN NOT.

TO THE EXTENT THAT IT IS POSSIBLE.

YOU SHOULD TREAT ALL THAT YOU DO.

UM,

[00:50:01]

YOUR EMAILS, YOUR TEXTS, THE ONLY THING I WOULD SAY THERE IS STOP SENDING TEXTS.

IT, IT, IT'S JUST NOT A GOOD WAY TO CONDUCT YOUR BUSINESS.

IT'S HARD TO KEEP TRACK OF, UH, IT'S HARD TO RECOVER AND MAKE SENSE OF IT.

ONCE YOU'VE DONE THAT, IF YOU CAN AVOID THAT, I WOULD RECOMMEND THAT YOU DO THAT.

THERE'S NO REQUIREMENT THAT YOU AVOID DOING THAT.

IT TO ME, AS A PERSON WHO HAS TO COME ALONG LATER AND GATHER ALL OF THIS MATERIAL UP AND TRY TO MAKE SENSE OF IT, IT'S, IT'S DIFFICULT WITH EMAIL.

TREAT IT AS FORMAL CORRESPONDENCE BECAUSE THAT'S WHAT IT IS.

IF YOU CAN AVOID THE TEMPTATION TO ADD ONE MORE EMAIL TO A STRING THAT'S ALREADY GOT 500 ON IT, PLEASE DO THAT.

DO THEM, DO THEM SEPARATELY.

I KNOW AT THE MOMENT THAT IS HARDER TO DO AND MORE CUMBERSOME, BUT AT THE END OF THE DAY, IT IS, IT IS LESS CUMBERSOME IF ANYONE EVER HAS TO PULL IT ALL TOGETHER AND MAKE SENSE OF IT.

AGAIN, THERE'S NO REQUIREMENT THAT ANYONE DO THAT, BUT I WOULD JUST, WHEN YOU'RE CONDUCTING THE COMMITTEE'S BUSINESS, AGAIN, IT IS THE PUBLIC'S BUSINESS.

IT IS THING IT IS SOMETHING THAT THE PUBLIC HAS THE RIGHT TO SEE AND THEREFORE THE, THE MORE ORGANIZED AND FOLLOWABLE, IF SUCH A WORD EXISTS, UM, IT IS, IT, IT'S BETTER FOR EVERYONE.

AGAIN, IT IS, IT IS FORMAL, IT IS PUBLIC.

PLEASE TREAT IT THAT WAY.

AGAIN, DOESN'T MATTER THE DEVICE, IF YOU SEND IT ON YOUR PERSONAL PHONE AND IT IS COMMITTEE BUSINESS, IT IS THE PUBLIC'S BUSINESS.

AND SO AGAIN, WHEN YOU'RE COMMUNICATING BETWEEN AND AMONG YOURSELVES AND WITH MEMBERS OF THE PUBLIC, FORMALIZE IT BECAUSE IT IS FORMAL BUSINESS CORRESPONDENCE AND IT SHOULD BE TREATED THAT WAY.

AGAIN, WITH THE PUBLIC RECORDS, EVERYTHING THAT YOU DO FOR THE COMMITTEE IS A PUBLIC RECORD.

AGAIN, DOESN'T MATTER WHAT DEVICE IT GENERATES FROM, IF IT IS THE COMMITTEE'S BUSINESS AND IT GENERATES A RECORD, THAT RECORD IS A PUBLIC RECORD.

SOME THINGS THAT YOU DO MAY BE SUBJECT TO OTHER PRIVILEGES SUCH AS THE ATTORNEY-CLIENT PRIVILEGE IF SUCH A THING HAPPENS AS YOU GO THROUGH YOUR BUSINESS, BUT THAT DOESN'T MEAN IT'S NOT PART OF THE PUBLIC'S RECORD.

WHETHER IT'S SUBJECT TO A PRIVILEGE IS A SEPARATE QUESTION.

SO AGAIN, MY COMMENT IS REALLY EVERYTHING THAT YOU DO FOR THE COMMITTEE IS A PUBLIC RECORD MAY SUBJECT TO A PRIVILEGE.

MOST OF IT WILL NOT BE.

AND SO THE MORE FORMAL, THE MORE BUSINESSLIKE YOU CAN KEEP IT IS, IS TO YOUR BENEFIT.

EXECUT SESSION MATTERS.

I DON'T KNOW HOW FREQUENTLY THIS COMMITTEE HAS OCCASION TO GO INTO EXECUTIVE SESSION, BUT IF YOU DO FOR RECEIPT OF LEGAL ADVICE OR SOMETHING SIMILAR TO THAT, WHAT HAPPENS IN EXECUTIVE SESSION IS SUBJECT TO A PRIVILEGE.

THAT PRIVILEGE CAN BE BROKEN BY ANY MEMBER SPEAKING ABOUT WHAT HAPPENED IN THE EXECUTIVE SESSION TO ANY PERSON WHO WASN'T THERE.

SO WHEN YOU ARE IN EXECUTIVE SESSION, YOU MUST ONE, YET YOU GO IN WITH AN AGENDA, FOR EXAMPLE, IT IS TO RECEIVE LEGAL ADVICE ON SOME ISSUE WHILE YOU'RE IN EXECUTIVE SESSION.

YOUR DISCUSSION IS LIMITED TO WHAT IS POSTED ON THE AGENDA.

YOU DISCUSS THAT ISSUE.

YOU CANNOT VOTE IN EXECUTIVE SESSION IF THERE IS A MATTER THAT IS TO BE VOTED ON.

YOU HAVE YOUR DISCUSSION ABOUT IT, YOU RECEIVE YOUR ADVICE, YOU RETURN TO THE PUBLIC MEETING AND TAKE WHATEVER VOTE THE MEMBERS DEEM APPROPRIATE FOR THEM TO TAKE.

YOU DON'T DO IT IN EXECUTIVE SESSION.

YOU CAN RECEIVE ADVICE ON A MATTER THAT YOU'RE GOING TO VOTE ON, BUT YOU CAN'T TAKE THE VOTE THERE.

AND AGAIN, ONCE YOU REMOVE YOURSELVES FROM EXECUTIVE SESSION IN ORDER TO MAINTAIN YOUR PRIVILEGE, THEN WHAT YOU DISCUSSED IN EXECUTIVE SESSION REMAINS CONFIDENTIAL.

THAT IS FOR YOUR BENEFIT AND THE BENEFIT OF WHOEVER YOU ARE REPRESENTING, IN THIS CASE, THE TOWN ON THE, ON THE UM, MATTER.

BECAUSE IF YOU CAN'T RECEIVE, YOU KNOW, LEGAL ADVICE, SUBJECT TO THE SAME PRIVILEGE THAT ANY OTHER PERSON WHO RECEIVES LEGAL ADVICE GETS IT, YOU KNOW, THERE, THERE, THERE ISN'T A WHOLE LOT OF, YOU KNOW, YOU CAN'T DO TOO MUCH WITH THAT.

SO WHAT YOU HAVE TO DO IS JUST BE CAREFUL WHEN YOU'VE GONE INTO EXECUTIVE SESSION TO DO NOTHING.

THAT BREAKS THE PRIVILEGE OF THE EXECUTIVE SESSION.

AND WHILE YOU'RE IN EXECUTIVE SESSION, YOU LIMIT YOUR DISCUSSION TO THE THINGS THAT ARE ON THE AGENDA THAT YOU SET TO GO INTO EXECUTIVE SESSION AND THEN COME BACK OUT AND TAKE, IF THERE IS A VOTE, TAKE THAT IN PUBLIC.

[00:55:01]

I MEAN, THE RULES ARE NOT DIFFICULT.

SOMETIMES IN PRACTICE, ADHERING TO THEM BECOMES MORE DIFFICULT, BUT THE RULES THEMSELVES ARE NOT DIFFICULT.

THOSE ARE THE FOUR SUBJECTS I WAS ASKED TO COVER.

I'VE DONE IT FAIRLY QUICKLY.

IF THERE IS SOMETHING YOU EXPECTED ME TO COVER AND I DIDN'T, I'M HAPPY TO TAKE YOUR QUESTIONS NOW AND SAY YES, THANK KEITH.

I'M ON CONFLICTS OF INTEREST.

SO FOR EXAMPLE, IF A MEMBER OF THIS COMMITTEE IS ORDER OR A VOLUNTEER WITH AN ORGANIZATION THAT'S PRESENTED GRANT APPLICATION, HOW DO YOU DEAL WITH THAT? JUST DISCLOSURE, IF A MEMBER OF THE COMMITTEE HAS A PERSONAL INTEREST IN AN APPLICANT AND BY PERSONAL INTEREST THAT REALLY MEANS FINANCIAL, THEN THAT MEMBER WOULD BE REQUIRED TO RECUSE HIS OR HERSELF FROM ANY CONSIDERATION OF THAT QUESTION.

IF A MEMBER IS, YOU KNOW, A, A CONSTITUENT MEMBER OF AN APPLICANT, YOU MAY NOT HAVE A PERSONAL INTEREST IN IT, BUT MY VIEW IS THAT THAT MEMBER SHOULD RECUSE THEMSELVES BECAUSE OF, IF NOTHING MORE THE APPEARANCE, THAT THERE COULD BE SOME BIAS OR INTEREST THAT IS UNDISCLOSED, THAT IS AFFECTING THAT MEMBER'S VOTE.

IT, IT'S NOT THAT I AM SUGGESTING THAT BEING A MEMBER NECESSARILY LEADS TO THAT, BUT IN THE CASE OF THE APPEARANCE OF A CONFLICT, TO ME, THE, THE THE, THE BETTER COURSE IS ALWAYS TO SIDESTEP THE ISSUE AND RECUSE ON THAT QUESTION.

I MEAN, IT WAS LIKE, Y'ALL DON'T KNOW THIS.

I WAS SERVED ON THE BENCH FOR A WHILE AND THERE WERE TIMES WHEN PEOPLE WOULD ASK ME TO RECUSE MYSELF AND I NEVER FOUGHT TO STAY ON SOMETHING WHERE ANYONE MIGHT THINK THERE'S SOME ISSUE OF, OF AN INTEREST OR BIAS.

I MEAN, THERE WASN'T, AND WITH ANY MEMBER HERE, THERE LIKELY WON'T BE.

ON THE OTHER HAND, IF THE ISSUE IS THERE, I JUST THINK IT'S BETTER TO AVOID THE ISSUE.

IT PROTECTS THE INTEGRITY OF WHAT THE BOARD DOES.

SO IF YOU WERE A CONTRIBUTOR TO AN ORGANIZATION, YOU SHOULD ABSTAIN FROM VOTING ON THAT ORGANIZATION.

IF, IF YOU'VE CONTRIBUTED TO AN ORGANIZATION, I WOULD DISCLOSE THAT.

I DON'T, I DON'T THINK, I THINK THAT'S DIFFERENT FROM BEING AN ACTIVE MEMBER OF AN ORGANIZATION.

FOR EXAMPLE, IF YOU DOES THE, DOES THE ART CENTER TAKE DONATIONS? IF YOU, IF YOU, IF YOU MAKE A DONATION TO THE ARTS CENTER, I DON'T THINK THAT, YOU KNOW, REFLECTS ANY BIAS ON YOUR PART.

I I DISCLOSE IT THAT YOU'VE DONE THAT, BUT I DON'T THINK THAT'S A, I DON'T THINK THAT RISES TO THE SAME LEVEL AS BEING ACTIVELY INVOLVED WITH AN ORGANIZATION.

SO FURTHER FOLLOW UP TO THAT.

ONCE YOU DISCLOSE A POTENTIAL CONFLICT OF INTEREST OR A VOLUNTEERISM DONATION, DOES THAT BECOME A MATTER FOR EXECUTIVE SESSION TO DECIDE WHETHER OR NOT THAT PERSON SHOULD, THOSE ARE NOT, WELL, ONLY, ONLY THE PERSON CAN MAKE THAT DECISION.

IT THAT, THAT THAT'S NOT A BOARD DECISION.

THAT IS A DECISION FOR THE INDIVIDUAL TO MAKE BASED ON WHAT THEY KNOW ABOUT THEIR OWN SITUATION.

FOR EXAMPLE, IF YOU HAVE A MADE A DONATION TO WHATEVER DEEP.

WELL, UM, AGAIN, I DON'T THINK THE FACT THAT YOU'VE SUPPORTED A CHARITY MEANS THAT YOU HAVE SOME BIAS IF YOU'RE A, A, A, A MEMBER OF AN ORGANIZATION AND ACTIVELY PARTICIPATE IN WHAT IT DOES.

THAT THAT, THAT I THINK GETS CLOSER TO IT.

BUT IT'S SOMETHING THAT EACH MEMBER HAS TO, THEY'D HAVE TO MAKE THEIR OWN DECISION ABOUT WHETHER OR NOT THEIR ACTIVITIES RISE TO A LEVEL THAT WOULD MAKE, YOU KNOW, A REASONABLE PERSON THINK THEY HAD A BIAS.

IT'S A PERSONAL DECISION.

YES.

UM, JUST A QUICK, UH, ETHICS QUESTION OR SIDEBAR MEETINGS.

WHAT IS YOUR ADVICE ON THAT? MEETINGS OF THREE PEOPLE, NOT A WHOLE COMMITTEE MEETING, BUT CAN THREE PEOPLE GET TOGETHER AND TALK ABOUT, YOU KNOW, THEIR FEELINGS OR OPINIONS ON AN APPLICATION? THE FREEDOM OF INFORMATION ACT PROHIBITS PUBLIC MEMBERS FROM CHANCE OR ORGANIZED MEETINGS TO DISCUSS THE PUBLIC'S BUSINESS.

SO I WOULD, I WOULD RECOMMEND AGAINST THREE MEMBERS HAVING A MEETING TO DISCUSS WHAT MIGHT BE HAPPENING WITH THE COMMITTEE.

OTHER QUESTIONS FROM THE COMMITTEE? EVERY COMMITTEE GET

[01:00:01]

A REVIEW LIKE THIS OF OF THE INFORMATION ACT AND, UH, WHAT THEIR ETHICAL, EVERY COMMITTEE MAY.

ANY QUESTIONS FROM THE COMMITTEE? ANY OTHER DISCUSSION? I WOULD ALSO SAY THOUGH THAT IF ANY MEMBER OF OF THE COMMITTEE HAS A QUESTION THAT, THAT IS, THAT IS OF CONCERN TO YOU, YOU CAN CERTAINLY CONTACT JOSH WHO CAN PUT YOU IN TOUCH WITH ME AND WE CAN CERTAINLY ADDRESS ANY QUESTIONS ANY MEMBERS MAY HAVE.

THANK Y'ALL.

QUESTIONS FROM THE, UH, GALLERY? GO AHEAD.

[9. Committee Discussion]

I'M GONNA TAKE EVERY CHANCE I GET.

THIS MEETING'S ADJOURNED.

QUESTION.

OH, MY SIMPLE TAKE ON WHAT WE JUST HEARD IS REAL EASY.

YOU BE HONEST, YOU FOLLOW THE LAW YOU RECOMMEND TO THE COUNSEL FOR THE LEGAL PROPER USE OF TAX FUNDS AND IT DOESN'T MAKE ANY DIFFERENCE WHAT YOU SAY TOGETHER, SEPARATE EMAIL, EVIDENCE, MAIL IS WHAT WE CALL IT.

IT DOESN'T MAKE ANY DIFFERENCE IF YOU DO WHAT'S RIGHT AND YOU'RE HONEST AND YOU HAVE HIGH INTEGRITY AND YOU FOLLOW THE LAW.

AND I WANT TO GIVE YOU MY, YOU HAVE MY NAME, BUT I WANT TO GIVE EVERYBODY THIS ROOM, MY CELL NUMBER.

I WANT YOU TO WRITE DOWN MY CELL NUMBER BECAUSE I'M NOT GONNA BE ALLOWED, NOR AM I GONNA HAVE THE TIME TO EDUCATE EVERYBODY IN HERE AND SAY WHAT I HAVE TO SAY.

BUT I CAN TELL YOU WE HAVE A LOT OF PROBLEMS, A LOT OF ILLEGAL FUNDING AND I'M GONNA SHARE THAT WITH EVERYBODY AND IT'S FACTUAL.

I DO NOT CAST OPINIONS.

I GIVE YOU FACTS.

IF YOU'RE INTERESTED IN THE LAW, I WILL BE THE PERSON THAT YOU'LL GET THAT FROM.

I WILL BE THE MOST TRUSTED PERSON IN THIS ROOM.

SO MY CELL NUMBER IS (843) 384-7260.

CALL ME AND I'LL GIVE YOU THE TRUTH.

BUT IF YOU FOLLOW, A LOT OF THIS IS GOING ON HERE TODAY.

YEAH, I MEAN, YOU GOTTA BE CAREFUL, YOU GOTTA FOLLOW THE LAW PERIOD.

AND THERE ARE QUESTIONS FROM THE AUDIENCE.

I JUST WANTED TO SAY THANK YOU TO THE TOWN STAFF FOR PUTTING THIS TOGETHER FOR US.

WE REALLY APPRECIATE IT.

UM, A LOT OF NEW FACES, SOMETHING THAT HASN'T BEEN DONE BEFORE.

WE ASKED FOR IT AND YOU PROVIDED IT TO US.

THANK YOU VERY MUCH.

UH, THE ONLY OTHER THING IS THAT, UH, TWO WEEKS FROM TOMORROW, THE APPLICATIONS NEED TO BE ON FILE.

DON'T BE LATE, BE COMPLETE.

THANK YOU

[10. Adjournment]

FOR SHOWING UP TODAY.

THIS IS LARRY ROWLAND.

THIS IS A BEAUFORT COUNTY MOMENT.

ONE OF THE PILLARS OF THE 20TH CENTURY ECONOMY OF BEAUFORT COUNTY HAS BEEN THE BEAU, THE MARINE CORPS RECRUIT DEPOT ON PARIS ISLAND, UH, OFFICIALLY OPENED IN 1915, 70% OF THE MARINES WHO SERVED SO HEROICALLY IN THE TRENCHES IN WORLD WAR I WERE TRAINED ON PARIS ISLAND.

THE MARINE CORPS RECRUIT DEEP ON PARIS ISLAND IS THE FIRST EXCLUSIVELY UNITED STATES MARINE CORPS INSTALLATION IN THE UNITED STATES.

IT IS, AS EUGENE ALVAREZ'S BOOK ON THE SUBJECT SAYS, IT IS THE CRADLE OF THE UNITED STATES MARINE CORPS.

DURING WORLD WAR II, 241,000 MARINES WERE TRAINED ON PARIS ISLAND AND WENT OFF TO FIGHT WARS IN MOSTLY IN THE PACIFIC.

THAT'S 10 TIMES THE POPULATION OF BEAUFORT COUNTY DURING WORLD WAR II.

AND SO PARIS ISLAND BECAME A VERY FAMOUS PLACE, AND OF COURSE, THE PRINCIPLE ENGINE OF BEAUFORT COUNTY ECONOMY IN THE 1930S, FORTIES AND FIFTIES.

BUT IN 1956, A TRAGEDY OCCURRED ON PARIS ISLAND, WHICH SULLIED THE REPUTATION OF PARIS ISLAND AND OF THE UNITED STATES MARINE CORPS.

IT WAS CALLED THE RIBBON CREEK INCIDENT.

ONE OF THE OLD CORE DRILL INSTRUCTORS, SERGEANT

[01:05:01]

MCEWEN, DECIDED THAT HE WOULD TAKE HIS COMPANY OF RECRUITS OUT FOR A NIGHT MARCH AS A FORM OF TOUGHENING THEM UP AND PERHAPS AS A FORM OF PUNISHMENT, HE MARCHED THEM INTO THE MARSHES THAT BORDER PARIS ISLAND, AND HE, HE MARCHED THEM INTO THE MARSHES OF RIBBON CREEK.

NEITHER HE NOR HIS RECRUITS UNDERSTOOD THAT MANY OF THE CREEKS ON AN OUTGOING TIDE CAN BE VERY FAST RUNNING AND VERY DEEP.

AS THE MEN TRIED TO WADE THE CREEK WITH HEAVY PACKS ON THEIR BACK, MANY OF THEM GOT CAUGHT IN THE CURRENT, SEVERAL OF THEM STRUGGLED AND DIED.

THIS MADE THE NEWSPAPERS WITH LURID PHOTOGRAPHS THAT FOUND THE COVER OF LIFE MAGAZINE.

AT THE TIME, THE MARINE CORPS WAS EMBARRASSED.

SERGEANT MCEWEN WAS COURT-MARTIALED AND THE MARINE CORPS HAD TO CHANGE THE FORM OF ITS TOUGH WORLD WAR II TRAINING ON PARIS ISLAND.

BUT THE RIBBON CREEK INCIDENT BROUGHT BEAUFORT COUNTY AND MARINE CORPS RECRUIT DEPOT, BAD PUBLICITY FOR THE FIRST TIME SINCE 1915.

THIS IS LARRY ROLAND.

THIS HAS BEEN A BEAUFORT COUNTY MOMENT.

TO SEE MORE BEAUFORT COUNTY MOMENTS GO TO THE BEAUFORT COUNTY LIBRARY HOMEPAGE AND CLICK ON THE LOCAL HISTORY TAB.

IT'S CIVILIZATION VERSUS NATURE'S FURY.

RAGING BLIZZARDS BURY CITIES UNDER THOUSANDS OF TONS OF SNOW HOWLING HURRICANES TEAR APART COASTAL COMMUNITIES WITH WIND AND RAIN AND FLASH FLOODS, WIPE ENTIRE TOWNS OFF THE FACE OF THE EARTH.

AS THE SKIES CLEAR, PEOPLE BEGIN TO PICK UP THE PIECES.

BUT AFTER THE STORM IN CITIES, DAMAGE IS STILL BEING DONE.

OUR MOST VITAL NATURAL RESOURCES UNDER ASSAULT ARE NATION'S WATERS.

WE ARE AT THE CHATTAHOOCHEE NATURE CENTER AND WE'RE TRYING TO FIND OUT WHAT A WATERSHED IS.

FIRST VICTIM, I NEED YOU TO TELL ME WHAT A WATERSHED IS.

DO YOU HAVE ANY IDEA? WATERSHED? A WATERSHED WHERE PEOPLE GO TO THE BATHROOM, I THINK, I GUESS SOME TO DO WITH SWEATING.

LIKE AFTER YOU RUN WHEN YOU, YOU SPIRE.

YEAH.

AND THEN YOU SHED IT.

UHHUH.

WE WANTED TO ASK YOU IF, IF YOU KNEW WHAT A WATERSHED WAS.

A WATERSHED? YEAH.

IS IT KINDA LIKE THE RAIN? DO YOU KNOW WHAT A WATERSHED IS? SHED THAT HOLDS WATER.

COME HERE FOR A SECOND.

I WANNA ASK YOU SOMETHING.

DO YOU KNOW WHAT A WATERSHED IS? NO.

NO.

DO YOU HAVE ANY IDEA? WHAT DO YOU THINK IT HAS SOMETHING TO DO WITH, UH, I DON'T KNOW , WHAT A WATERSHED IS? YEAH, THAT'S JUST A DRAIN POOL, I GUESS YOU'D SAY.

OR THE DRAIN AREA IS WHERE THE WATER, THE RAIN WATER DRAINS INTO THE RIVER.