[00:00:01]
FOLKS I'D LIKE TO[1. CALL TO ORDER]
CALL TO ORDER THE EXECUTIVE COMMITTEE MEETING OF BEAUFORT COUNTY COUNCIL.THIS IS MONDAY, FEBRUARY 23RD AT 4:00 PM IF YOU WOULD PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA INTO THE REPUBLIC FOR WHICH IT STANDS.
ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY.
[3. STATEMENT OF COMPLIANCE WITH FOIA]
IN COMPLIANCE WITH FREEDOM OF INFORMATION ACT? YES MA'AM, WE ARE.[4. APPROVAL OF AGENDA]
MOTION TO APPROVE TODAY'S AGENDA FOR THE EXECUTIVE COMMITTEE.AND MS. BROWN WILL SECOND, UH, WE ARE AT PUBLIC.
AND LET'S ALL TAKE A VOTE TO APPROVE THE AGENDA.
[5. PUBLIC COMMENT PERIOD]
COMMENT.WE HAVE ONE LVO TROIANO PINE ISLAND LITIGATION AND I COULDN'T READ THE LAST WORD.
AND I DON'T HAVE TO READ YOU THE RULES 'CAUSE YOU KNOW 'EM BY HEART.
UH, MADAM CHAIR, UH, COUNCIL MEMBERS, UH, AS, UH, STATING MY NAME'S ALVEO TROIANO.
UH, I WANTED TO SPEAK QUICKLY THIS AFTERNOON AND THEN AGAIN THIS EVENING, UH, TO PROVIDE SOME CLARITY FOR THE RECORD, UH, ABOUT THE FEDERAL COURT ORDER THAT WAS WIDELY REPORTED LAST WEEK REGARDING THE PINE ISLAND LITIGATION.
UH, ON FRIDAY, A FEDERAL JUDGE DISMISSED THE CASE ON A TECHNICAL JURISDICTIONAL GROUND CALLED MOOTNESS IN PLAIN ENGLISH.
THAT MEANS THAT THE COURT CONCLUDED THAT IN ITS INTERPRETATION OF THAT PARTICULAR LAWSUIT, IT DID NOT HAVE A LIVE DISPUTE.
IT COULD DECIDE AT THAT MOMENT THE ORDER FOCUSED ON THREE CONCEPTUAL APPLICATIONS FROM 2023 INVOLVING THREE SIX HOLE GOLF COURSES.
THOSE APPLICATIONS WERE DENIED BY THE PLANNING DIRECTOR BACK IN APRIL OF 2023 AND HAVE NOT BEEN UNDER COUNTY CONSIDERATION SINCE THAT DENIAL.
THIS TECHNICALITY WAS THE BASIS FOR THE PROCEDURAL DISMISSAL.
THE PROCEDURAL POINT SHOULD NOT BE CONFUSED WITH WHAT THIS CASE AND EVERYTHING WE'VE BEEN HAD HAD ONGOING HAS ALWAYS BEEN ABOUT, AND EVERYBODY KNOWS, WHICH IS THE INTENDED DEVELOPMENT PLAN OF AN 18 HOLE GOLF COURSE THAT'S BEEN PURSUED FOR THE LAST FIVE YEARS AND IS CONTINUING TO BE PURSUED.
WE'VE ALL BEEN PRESENT, ALL OF US, AND MANY MORE PEOPLE, UH, AS MULTIPLE PATHWAYS HAVE BEEN PURSUED, A ZONING MAP, AMENDMENT DEVELOPMENT AGREEMENT, ET CETERA, ALL OF WHICH HAVE BEEN BLOCKED AND CONTINUE TO BE BLOCKED BY THE CPO.
THIS DISMISSAL WAS NOT A DECISION ON THE MERITS.
IT WAS NOT A JUDICIAL ENDORSEMENT OF THE CPO.
THE JUDGE DID NOT RULE THAT THE CPO IS VALID, CONSTITUTIONAL OR LAWFUL.
HE DID NOT APPROVE THE COUNTY'S POSITION ON THE MERITS, AND THE JUDGE DID NOT DECIDE THE CORE LEGAL QUESTIONS AT ALL.
THOSE QUESTIONS REMAIN UNRESOLVED.
WE'RE IN THE PROCESS OF CORRECTING THE TECHNICAL ISSUE IDENTIFIED BY THE COURT.
WE'LL BE REFILING OUR CASE BASED ON THE CONTINUING IMPACTS OF THE CPO AND THE COUNTY'S SUBSEQUENT ACTIONS.
I ALSO UNDERSTAND THAT OTHER PROPERTY OWNERS ARE NOW INCREASINGLY EXAMINING THE BROADER EFFECTS OF THE CPO AND THEIR OWN LEGAL OPTIONS.
MS. HOWARD MADAM CHAIR, UH, AS I SENT YOU AN EMAIL EARLIER TODAY, I WANNA RESPECTFULLY REQUEST A PUBLIC CORRECTION.
YOU WERE QUOTED IN THE PRESS AS SAYING THAT THE COURT BASICALLY UPHELD THAT THE CPO IS VALID.
THAT'S NOT WHAT THE ORDER SAYS.
AND I RESPECTFULLY ASK THAT YOU CLARIFY THAT THE COURT DID NOT RULE ON THE CPO'S VALIDITY FOR THE SOLE PURPOSE SO THAT THE COMMUNITY RECEIVES ACCURATE INFORMATION.
IT'S BEEN A PROBLEM THE WHOLE TIME.
TO BE CLEAR, THIS IS ABOUT ACCURACY.
I'M HERE AT FOUR O'CLOCK MEETING ALONE.
UH, BECAUSE THE CPO WAS NOT VALIDATED BY THE COURT, THE MERITS WEREN'T REACHED.
AND THE DISPUTE UNFORTUNATELY, IS NOT OVER.
AS I'VE SAID MANY TIMES BEFORE, ENSURING ACCURACY IS ESSENTIAL, PARTICULARLY ON MATTERS THAT ARE OF SIGNIFICANCE TO THIS COMMUNITY AND THIS COUNCIL.
THANK YOU FOR YOUR TIME AND ENJOY YOUR MEETINGS.
AND THERE'S NO ONE ELSE FOR PUBLIC COMMENT BECAUSE HE STANDS ALONE.
[6. EXECUTIVE SESSION]
SO, UM, I'D LIKE A MOTION TO MOVE INTO EXECUTIVE SESSION FOR THE FOLLOWING REASONS.UNDER SOUTH CAROLINA CODE SECTION 30 DASH FOUR DASH 70 A ONE TO ENGAGE IN DISCUSSION IS SET INTO EMPLOYMENT APPOINTMENT COMPENSATION OF A PERSON REGULATED BY A PUBLIC BODY, MEANING AGENCIES, BOARDS, AND COMMISSIONS.
APPOINTMENTS, AND B, UNDER SOUTH CAROLINA CODE SECTION 30 DASH FOUR DASH 70 A ONE TO ENGAGE IN DISCUSSION INCIDENT TO EMPLOYMENT APPOINTMENT COMPENSATION OF A PERSON REGULATED BY A PUBLIC BODY.
CAN I HAVE A MOTION TO GO INTO THE EXECUTIVE SESSION? A MOTION.
I WAS GONNA SAY, IS EVERYBODY AWAKE? COME ON, LET'S GO.
ALRIGHT, MR. CUNNINGHAM, WE'LL GIVE YOU THE SECOND.
ALL IN FAVOR OF GOING INTO EXECUTIVE SESSION.
[00:05:02]
ALL RIGHT.WE'RE GOING TO GO INTO EXECUTIVE SESSION.
THERE MAY OR MAY NOT BE MOTIONS COMING OUT EXECUTIVE SESSION.
I GUESS I'LL, AND WE HAVE SOME MOTIONS TO PUT BEFORE THE COUNCIL,
[7. END OF EXECUTIVE SESSION]
UH, MS. HOWARD? YES.I'D LIKE TO MAKE A MOTION TO RECOMMEND TO COUNTY COUNCIL, UM, MS. UH, JANET SHELLEY TO BE APPOINTED TO THE BEAUFORT MEMORIAL HOSPITAL BOARD TO FILL A VACANT SPOT ON THAT BOARD.
WE HAVE A SECOND FOR THAT MOTION.
AND ALL IN FAVOR OF THE MOTION.
UH, MS. BROWN, YOU HAVE A MOTION? I HAVE A MOTION.
I'D LIKE TO MOVE THAT COUNSEL, APPOINT COUNSEL CHAIR ALICE HOWARD TO THE SOUTHERN CAROLINA ALLIANCE BOARD OF DIRECTORS FOR A TERM OF THREE YEARS, CONSISTENT WITH THE ORGANIZATION'S GOVERNING DOCUMENTS AND THAT SHE ALSO BE APPOINTED TO SERVE ON THE SOUTHERN CAROLINA ALLIANCE BOARD OF DIRECTORS EXECUTIVE COMMITTEE.
IS THERE A SECOND FOR THAT MOTION? I'LL SECOND.
ANY QUESTION OR DEBATE ON THAT? ALRIGHT.
ALL IN FAVOR, PLEASE RAISE YOUR HAND.
AND MR. PASSMAN, I BELIEVE YOU HAVE A THIRD I MOVE THAT THE EXECUTIVE COMMITTEE RECOMMEND TO COUNTY COUNSEL THE ENGAGEMENT OF LAW FIRM HOWELL GIBSON AND HUGHES PA TO PROVIDE LEGAL REPRESENTATION AND ADVISORY SERVICES IN CONNECTION WITH MATTERS PRESENTED TO OR BEFORE COUNTY COUNCIL.
AS DISCUSSED IN EXECUTIVE SESSION, THE UH, POINT OF CONTACT WILL BE THE CHAIR OF COUNTY COUNCIL AND I FURTHER MOVE THAT THE CHAIR BE AUTHORIZED TO EXECUTE THE ENGAGEMENT LETTER UPON COUNCIL'S RATIFICATION.
AND THAT WE FORWARD THIS DECISION TO COUNTY COUNCIL DURING TONIGHT'S COUNSEL MEETING.
UH, MOTION BY MR. PASSMAN, SECONDED BY MARTHA.
MR. BARAL, YOU ANY COMMENT OR QUESTION ON THIS MOTION? ALL RIGHT.
ALL IN FAVOR? PLEASE RAISE YOUR HAND.
THAT CONCLUDES OUR MATTERS FOR THE EXECUTIVE COMMITTEE AND WE ARE ADJOURNED.