[00:00:01] THE ROOM PLEASE MEAN YEAH I DID ALL THIS MEETING TO ORDER RIGHT. [1. CALL TO ORDER: Alice Howard, Chair] PLEASE STAND FOR THE PLAINTIFFS . THIS IS JANUARY 20TH COUNTY COUNCIL SPECIAL MEETING TO PLEDGE ALLEGIANCE TO THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT FACES ONE NATION UNDER GOD, INDIVISIBLE AS WELL AS THIS MEETING WAS ADVERTISED AND WITH THE FREEDOM OF SOUTH CAROLINA FREEDOM OF INFORMATION ACT AT THIS TIME [4. APPROVAL OF AGENDA] I'D LIKE TO ENTERTAIN A MOTION TO HAVE APPROVAL OF THE AGENDA FOR THE SPECIAL CALLED MEETING SO MOVED I'LL SECOND WE HAVE A MOTION BY COUNCILMAN PASSED A MINUTE AND A SECOND BYE BASS [5. PUBLIC COMMENT PERIOD - 30 MINUTES TOTAL] CHAIRMAN TAVERN ALL IN FAVOR, RIGHT? ALL RIGHT. AND WE NOW HAVE PUBLIC COMMENT WE HAVE THREE PEOPLE SIGNED UP. I'D LIKE TO REMIND PEOPLE THERE IS NO MORE THAN 3 MINUTES TO COMPLETE YOUR COMMENTS. EVERYONE'S BEFORE COUNCIL WILL BE REQUIRED TO DO SO IN A CIVIL MANNER WE WILL NOT TOLERATE PERSONAL ATTACKS ON INDIVIDUAL COUNCIL MEMBERS, COUNTY STAFF OR ANY PERSON OR GROUP RACIAL SLURS AND PROFANITY WILL NOT BE PERMITTED. COUNCIL WILL LISTEN TO PUBLIC BUT WILL NOT RESPOND. THE FIRST PERSON TO SIGN UP IS ED ED KING AND BRUCE WALLACE OKAY, LIKE TO COME FORWARD. OKAY. SO HE'S GOING TO BE THE ONE TO SPEAK BRUCE. BRUCE WAS CORRECT. YES, MADAM CHAIRMAN. BRUCE WALLACE OKAY. I'M HERE TO SPEAK IN FAVOR OF THE PROPOSAL AND CIRCUMSTANCE BEFORE COUNCIL. I WANT TO THANK YOU ALL FOR THE TIME JUST BY WAY OF INTRODUCTION. I'M AN ATTORNEY AND LAW HERE IN CHARLESTON AND BEAUFORT COUNTY FOR GOING ON 30 YEARS AND ALMOST ALL OF THAT LITIGATION OF IT REAL ESTATE AND I'VE NOTICED ONE THING OVER THE YEARS IS BOTH THIS COUNTY AND PARTICULARLY THE COUNCILS TO THE PRESERVATION OF ITS BARRIER ISLANDS. RIGHT. SO YOU'VE GOT IN THIS POSITION GOT A OPPORTUNITY TO PRESERVE OVER 200 ACRES OF UNDEVELOPED LAND ON THE FIRST KEY ISLAND DEPENDING ON WHERE YOU PULL YOUR RESOURCES OR YOUR INFORMATION. THIS PARCEL HAS BEEN APPROVED FOR BETWEEN 90 AND 600 HOME SITES AND BY APPROVING THE ISSUE BEFORE COUNCIL YOU PRESERVE THOSE 200 ACRES WHICH MEANS SAVING 200 ACRES FROM IMPERVIOUS DRIVEWAYS, PARKING PADS AND SITES PRESERVING 200 ACRES FROM TREE LOSS, PRESERVING THE 200 ACRES FROM THOSE SEPTIC SYSTEMS AND OF COURSE THE INCREASED TRAFFIC DUE TO ALL THOSE HOME SITES SO RATHER THAN TRANSFORM THE FIRST ISLAND OR THE SOUTHERN PART OF THE FIRST ISLAND INTO MORE DEVELOPMENT, MORE TRACK HOMES THAN A GOLF COURSE. THIS COUNCIL HAS THE OPPORTUNITY TO PRESERVE THE SOUTHERN PORTION OF THE ISLAND TRANSFORM IT A CROWN JEWEL OF PRESERVATION FOR THE COUNTY . FOR THOSE REASONS I'D ASK THE COUNCIL TO THINK IN AND AFFIRM THE AGREEMENT MADE. THANK YOU. THANK YOU. NEXT ON THE LIST MICHAEL HUBBARD BUT EVENING ON MICHAEL HUBBARD I'M A RESIDENT OF THE FOSS ISLAND. I'M ALSO THE CHAIR OF THE DEFUNCT GALEN. I'M HERE ON BEHALF OF THE POST COUNTY COUNCIL TO EXPLAIN WHY OUR COUNCIL HAVING ALONG WITH A CLEAR MAJORITY OF THE HUSKIE COMMUNITY SUPPORTS MAINTAINING ACCESS TO PROSPECT ROAD PROSPECT. ROAD HAS BEEN IN USE AT LEAST SINCE THE LATE 1800S AS PART OF THE ISLAND'S ORIGINAL OF PUBLIC ROADS SERVING THE ISLAND'S HISTORIC GULLAH GEECHEE COMMUNITIES AND LANDINGS. FOR GENERATIONS IT HAS BEEN OPENLY AND CONTINUOUSLY BY RESIDENTS VISITOR PROVIDERS AND PUBLIC SAFETY PERSONNEL IN EVERYDAY LIFE ON THE ISLAND. IT HAS FUNCTIONED AS A PUBLIC ROAD NOT A PRIVATE LIMITED ACCESS PATH. THAT IS HOW IT HAS LONG BEEN THAT IT WAS COUNTY COUNCIL HAS ADDRESSED THIS ISSUE OVER THE YEARS. WE HAVE DISCUSSED IT IN PUBLIC MEETINGS, COMMUNICATED THE COUNTY STAFF AND ELECTED OFFICIAL AND ADOPTED THREE RESOLUTIONS URGING CAREFUL CONSIDERATION OF THE ROAD'S HISTORY ITS IMPORTANCE TO THE ISLAND CONNECTIVITY AND THE BROADER OF CLOSING HISTORIC ROADS. COMMUNITY MEMBERS CONSISTENTLY ENGAGED AS WELL ATTENDING MEETINGS, SUBMITTING WRITTEN COMMENTS AND PETITIONS AND SPEAKING ABOUT REAL AND PRACTICAL CONSEQUENCES THAT CLOSURE WOULD HAVE FOR ISLAND LIFE. LAST YEAR THE COMMUNITY APPROVED A NON-BINDING [00:05:01] REFERENDUM BY NEARLY 3 TO 1 MARGIN IN FAVOR OF KEEPING PROSPECT OPEN. BEYOND HISTORY AND ACCESS PROSPECT ROAD ALSO SERVES A CRITICAL PUBLIC SAFETY FUNCTION AS A LOW LYING ISLAND OF KEY IS HIGHLY VULNERABLE TO FLOODING PARTICULARLY DURING HURRICANES AND SEVERE STORMS. DURING THESE EVENTS SURROUNDING ROADS OFTEN FLOOD AND BECOME IMPASSABLE WHILE PROSPECT ROAD TYPICALLY REMAINS DRY. FOR RESIDENTS IN THAT PART OF THE ISLAND IT PROVIDES A RELIABLE EVACUATION ROUTE TO GROUND AND TO LANDINGS FOR EVACUATION BY BOAT BECAUSE BEFORE COUNTY BEARS RESPONSIBILITY FOR EMERGENCY PLANNING AND EVACUATE SAFETY PRESERVING ACCESS TO RELIABLE ROUTES LIKE PROSPECT ROAD IS A CORE PUBLIC SAFETY NOT MERELY A LAND USE ISSUE. FROM A LEGAL PERSPECTIVE THIS MATTER IS NOT ABOUT CREATING NEW PUBLIC ACCESS. IT ABOUT PRESERVING RIGHTS THAT HAVE LONG BEEN RECOGNIZED IN RECORDED DEEDS IN BOTH 2002 2012 AFFECTING THE PROPERTY EXPRESSLY RIGHTS OF THE PUBLIC AND IN ITS USE OF THE PROSPECT ROAD UNDER SOUTH CAROLINA PROPERTY LAW THAT LANGUAGE LIMITS WHAT WAS CONVEYED TO LATTER OWNERS AND CONTINUES TO BIND THE PROPERTY UNLESS THOSE RIGHTS ARE LAWFULLY EXTINGUISHED THROUGH FORMAL VACATION ABANDONMENT UNDER STRICT STANDARDS OR COURT. COUNTY ZONING HISTORY ALSO SUPPORTS HIS UNDERSTANDING 2007 BEFORE COUNTY ADOPTED INTERIM ZONING REQUIRING PROSPECT ROAD TO REMAIN OPEN TO THE PUBLIC ALTHOUGH THESE STANDARDS WERE LATER REPEALED. THAT ACTION DID NOT AMEND DEEDS, VACATE ROADS OR ELIMINATE EXISTING PUBLIC ACCESS RIGHTS. ALL RIGHT, THANK YOU, MR. HOWARD DEEPINGS THANK YOU. OKAY. NEXT IS DEBORAH SMITH. THANK YOU. I'M GOING TO FINISH READING MR. HUBBARD REMARKS. IT DOES HOWEVER REFLECT THE COUNTY'S HISTORICAL RECOGNITION OF PROSPECT ROAD AS A PUBLIC ROAD FOR THE DEFUNCT ISLAND COUNCIL. THIS ISSUE IS ABOUT CONTINUITY, FAIRNESS, STEWARDSHIP AND PUBLIC SAFETY. CLOSING PUBLIC PRESTWICK ROAD WOULD SET A PRECEDENT WITH LASTING CONSEQUENCES FOR THE ISLAND AND COULD ENDANGER RESIDENTS DURING EMERGENCIES. WE RESPECTFULLY ASK YOU TO PROCEED WITH THE UNDERSTANDING THAT PRESTWICK ROAD HAS LONG BEEN TREATED AS A PUBLIC ROAD THAT RIGHTS ARE PRESERVED THE CHAIN OF TITLE AND THAT THE COMMUNITY'S INTEREST LIES IN MAINTAINING ACCESS THAT HAS EXISTED FOR GENERATIONS. THANK YOU. I'VE BEEN WORKING ON THIS ISSUE FOR TEN YEARS NOW. I WAS ON THE COUNCIL TWICE INCLUDING CHAIR THE SECOND TIME THAT THE THE PROPERTY OWNER OF THE EAGLE TRIED TO CLOSE IT. I'M SIMPLY GOING TO READ YOU A LETTER THAT THIS COUNCIL HEARD BACK IN 2016 ALMOST EXACTLY YEARS AGO. THIS IS FROM ONE OF THE FACILITY'S LEGENDARY RESIDENTS, ROBERT LANSING BYRNE, WHO WAS BORN AND RAISED ON THE FIRST GUY WHOSE GRANDFATHER WAS THE FIRST BUDDY POINT LIGHTHOUSE KEEPER AND WHO WROTE A LETTER TEN YEARS AGO THAT SAID DEAR COUNCIL MEMBERS THERE'S SUDDENLY A LOT OF TALK ABOUT RAY DELANEY SADLY CLOSING PROSPECT ROAD AND PRINCE CHANGING OR MODIFYING PAPPY'S LANDING ROAD. WHAT COMES TO MY MIND IS THE FACT THAT THESE ROADS ARE A POWERFUL, ALMOST MAGICAL DRAW TO HISTORY BUFFS AND ANOTHER ON THE ISLAND THE SHEER BEAUTY AND AMBIANCE OF THESE PRIMITIVE TAKES US BACK IN TIME. THESE ROADS IMPACT MR. DELANEY'S EICHELBERGER TRACKS REGARDLESS OF THAT OR HOW LONG THE COUNTY HAS MAINTAINED THESE ROADS MATTERS NOT. THEY COULD BE FROM 250 TO 300 YEARS OLD BUILT AND ESTABLISHED DURING THE COLONIAL USED AND MAINTAINED THROUGHOUT THE PLANTATION CIVIL WAR ERAS DOWN TO OUR PRESENT TIME. THESE ROADS WERE AND STILL ARE VERY IMPORTANT LINKS CONNECTING BOTH RESIDENTS AND VISITORS TO OTHER PARTS OF THE ISLAND. THEY ARE VERY REAL AND DISTINCT ARTIFACTS OF OUR HISTORY. THEY DESERVE TO BE REVERED, SAVED AND MAINTAINED AS SUCH. PLEASE PRESERVE THESE OLD VETERANS FOR FUTURE GENERATIONS TO ENJOY. RESPECTFULLY NANCY BYRNE. P.S. PATTI BYRNE WAS MY GRANDFATHER. I'VE BEEN USING THOSE ROADS FOR THE PAST 70 YEARS AND DID AGAIN THIS MORNING. PLEASE DON'T LET THIS HAPPEN. THE ONLY OTHER THING THAT I WOULD LIKE TO ADD IS EARLIER SPEAKER TALKED ABOUT THE ADVANTAGES TO HAVING A CONSERVATION AREA. WE HEARTILY AGREE WITH THAT. THE ROAD DOES NOT HAVE BE CLOSED IN ORDER FOR THAT TO HAPPEN. MR. DELANEY COULD DO AT ANY TIME AND WE WOULD URGE HIM TO DO SO. THANK YOU VERY MUCH FOR YOUR TIME AND THANK YOU AT THIS TIME . IS THERE ANYONE ELSE THAT DIDN'T SIGN UP FOR PUBLIC [6. EXECUTIVE SESSION] COMMENT? I SEE ANYONE. ALL RIGHT. AT THIS TIME I'D ENTERTAIN A MOTION TO GO INTO EXECUTIVE SESSION UNDER SOUTH CAROLINA CODE SECTION 30 DASH FOR DASH 78 TO LEGAL ADVICE RELATED TO DISCUSSION OF NEGOTIATE [00:10:02] INCIDENT TO PENDING LITIGATION OR OTHER MATTERS COVERED BY THE ATTORNEY CLIENT PRIVILEGE UPDATE RELATED TO THE SETTLEMENT OF THE HATTER HOLDINGS VERSUS BEAUFORT COUNTY PROSPER PROSPECT ROAD ON THE FUNKY ISLAND. I HAVE A MOTION TO GO IN EXECUTIVE SESSION. THE MOTION. WE HAVE A SECOND. I THINK SHE CAN DO IT. LOOK AT THIS. THERE MAY BE BUSINESS COMING OUT OF EXECUTIVE SESSION BUT WI WE HAVE A YES. [7. END OF EXECUTIVE SESSION] I'VE GOT A MOTION PLEASE. AND THIS IS REGARDING HATCHER HOLDINGS VERSUS B FOR COUNTY AND B FOR COUNTY VERSUS HATCHER HOLDINGS. I MOVE THAT COUNCIL DIRECT THE COUNTY ATTORNEY TO INFORM THE PARTIES IN THE PROSPECT ROAD CONDEMNATION CASES AND RELATED ACTIONS THAT COUNCIL DID NOT AUTHORIZE A REVISION TO THE SETTLEMENT TERMS AND THAT COUNCIL DOES NOT OR CONSENT TO THE REVISED TERMS OF THE PROPOSED SETTLEMENT AGREEMENT AS DISCUSSED IN EXECUTIVE SESSION AND THAT COUNTY IS TO PROCEED WITH THE CONDEMNATION AND CHALLENGE ACTIONS UNLESS SETTLEMENT TERMS AS APPROVED BY COUNCIL IN MARCH OF 2024 REMAIN IN EFFECT IN OUR AGREED UPON BY ALL. MAKE THAT MOTION. SECOND VOTE COUNT SUMMARY. OKAY. SO I CAN I CAN TO FRAME THAT BUT WE HAVE MR. MCGOWAN. MR. MCGOWAN, ARE YOU NOW. YES HE'S ON MUTE LARRY ON MUTE ARE YOU. CAN YOU HEAR US? CAN YOU HEAR US? WE HAD A MOTION IN THE SECOND AND A VOTE OR YOU CAN'T HEAR YOU. I HEAR YOU NOW. OKAY. ARE YOU IN OF THE MOTION OR. YEAH, RIGHT NOW A VOTE. WE'RE VOTING ALL IN FAVOR BY EXTENSION SESSION ABSTENTION ASK YOU ARE YOU GOING TO VOTE? NO, I'M VOTING NO. OUTLOOK IN YOUR HAND. ALL RIGHT. THANK YOU. IS THERE ANY SPECIAL. THANK YOU. THANK YOU, MADAM CHAIR * This transcript was compiled from uncorrected Closed Captioning.