* 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. [00:00:02] MEETING [1. CALL TO ORDER] OF AUGUST 10TH. CAUCUS MEETING TO ORDER. UH, PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FLAG OF UNITED, UNITED STATES OF AMERICA AND TO THE REPUBLIC ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE. ALL. THANK YOU. AND WAS THIS MEETING ADVERTISED IN COMPLIANCE WITH THE FREEDOM OF INFORMATION ACT? MS. BROCK? YES, MA'AM. IT WAS . AT THIS TIME, I'D [4. APPROVAL OF AGENDA] LIKE TO ENTERTAIN A MOTION TO APPROVE THE AGENDA AS PUBLISHED. I'LL MAKE THE MOTION. THANK YOU. I'LL SECOND IT. AGENDA FOR THE CAUCUS. CAUCUS. UM, I'D LIKE TO AMEND THE AGENDA. OKAY. SHALL I MAKE MY AMENDMENTS? DO I DO IT HERE OR IN THE ROOM? BEEN MOTION AND SECOND. SO YOU CAN WELL, YOU CAN DO IT. YEAH. DO I DO IT HERE OR IN THE EXECUTIVE SESSION? YOU CAN'T DO, YOU CAN'T. WE'RE HAPPY TO DO IT HERE. THAT'S FINE. MM-HMM . YEAH. UH, THE FIRST, UH, I'D LIKE TO PUT ON THE AGENDA, UH, REQUESTING AN EXECUTIVE SUMMARY REGARDING THE QUICK INQUIRY. OKAY. IT, THERE WILL BE AN, JUST SO YOU KNOW, THERE WILL BE AN UPDATE ON THAT BY ROBERT A. CHURCH TODAY. TODAY. OKAY. SO IT DOESN'T HAVE TO BE ON THE AGENDA. IT'S NOT ON THE AGENDA CURRENTLY, SO YOU MAY WANT TO ADD IT. WELL, THAT'S WHAT I'M TRYING TO GET ON IS TO MAKE SURE IT HAPPENS. SO YOU'RE SAYING I DON'T NEED, I DON'T NEED TO HAVE IT ON THE AGENDA. IT PROBLEM. TERRY, DO WE NEED TO ADD IT THEN? YEAH, WE'RE GONNA BE DISCUSSING IT IN EXECUTIVE SESSION THAT IT NEEDS TO BE ON THE, UM, BUT HE IS PREPARED ROBERT A. CHURCH. I'M MAKING A MOTION THAT IT APPEAR ON THE AGENDA. OKAY. UPDATE ON THE QUICK, I GOT A CHECK. I'LL SECOND THAT. THANK YOU. ALL RIGHT. SO WE DO THE, UM, AMENDMENT FIRST. ALL, ALL IN FAVOR OF THE AMENDMENT TO GET AN UPDATE ON THE QUICK COMPANY. AND THAT IS UNANIMOUS. THANK YOU. AND MR. CUNNINGHAM IS HERE. ALRIGHT. NOW GOING BACK TO THE ORIGINAL MOTION. WELL, I HAVE ANOTHER, I HAVE ANOTHER AMENDMENT THAT I'D LIKE TO POSE, UM, IN CONFORMITY WITH A NUMBER OF, UM, COUNCILS WITHIN THE STATE. I'D LIKE TO PUT ON THE AGENDA, UH, A MATTER FOR DISCUSSION TO ELIMINATE THE, UH, COUNTY ATTORNEY'S OFFICE HERE IN BUFORT COUNTY AS IT'S NOW STRUCTURED SO THAT THE COUNTY ATTORNEY WOULD REPORT DIRECTLY TO COUNTY COUNCIL. AND I WOULD LIKE TO HAVE THAT ON THE AGENDA AS A MATTER FOR SOME DISCUSSION TODAY FOR INITIAL DISCUSSION. UH, BECAUSE IT'S OUR JOB TO SET POLICY, AND I THINK THIS WOULD BE A NEW POLICY THAT WOULD BE SET WHERE THE COUNTY ATTORNEY WOULD REPORT NOT TO THE COUNTY ADMINISTRATOR, BUT RATHER TO COUNTY COUNCIL. THAT'S, THAT'S YOUR MOTION. MOTION. OKAY. SO THAT REQUIRES A SECOND. YES. IT NEEDS A SECOND. SECOND. THANK YOU. I HAVE A QUESTION. WHY WOULDN'T THAT BE A PUBLIC DISCUSSION? IT MIGHT EVENTUALLY BE THAT WHEN IT COMES OUT, UH, OF, OF THEIR, OF THEREFORE A MOTION TO BE MADE TO DO SOMETHING LIKE THAT. BUT AT THE MOMENT I'M TRYING TO GET EVERYBODY, UH, TO START PERCOLATING THIS IDEA. SO WHEN WE CAN COME OUT OF THE EXECUTIVE SESSION AT THE NEXT MEETING, IT MAY RESULT IN A MOTION THAT WILL BE OPEN TO THE PUBLIC FOR DISCUSSION. OKAY. SO WE HAD A SECOND AND WE AND WE HAD ANYONE ELSE DISCUSSION? SURE. YES. YEAH. UH, I'M, I DON'T HAVE A PROBLEM WITH THE DISCUSSION. I JUST QUESTION WHETHER IT SHOULD BE AN EXECUTIVE SESSION, OPEN SESSION. IT SHOULD BE ALMOST AN OPEN SESSION. IT WILL BE, IF WE AGREE TO PROCEED TO CHANGE THE POLICY, THEN A MOTION WILL COME OUT OF THE NEXT EXECUTIVE SESSION FOR THE PUBLIC. ANY OTHER COMMENTS OR DISCUSSION OF I AGREE WITH YOU. MARK. ANY OTHER COMMENTS? ARMENT, WOULD THAT BE A TOPIC FOR EXECUTIVE SESSION? UH, IT COULD BE CATEGORIZED AS A PERSONNEL MATTER, BUT EXACTLY. RIGHT. BUT HE'S NOT OUR PERSONNEL. THAT'S WHY I THINK IT'S A PUBLIC, IT'S NOT PERSONNEL REALLY A POLICY. RIGHT? IT'S A POLICY WHICH SHOULD BE DONE IN PUBLIC FORM. I WOULDN'T ARGUE THAT PROBABLY OUT IN PUBLIC, BUT IF YOU WANNA MAKE, AMEND THE AGENDA TO HAVE IT IN PUBLIC, WE CAN HAVE THAT DISCUSSION IN PUBLIC. FOND DOING THAT. WELL, I JUST DON'T KNOW WHAT EVERYBODY'S MINDSET IS YET, BECAUSE A MOTION COMES OUT OF THERE AND THERE ARE SEVEN PEOPLE THAT SAY, I DON'T LIKE THIS YET. I DON'T THINK THIS IS A GOOD IDEA. I'M TRYING TO GENERATE SOME DISCUSSION SO WE CAN COME TO AN AGREEMENT ABOUT IT IN OUR MINDS SO THAT EVERYBODY TAKES A POSITION ON IT. UH, BEING FULLY INFORMED ON WHAT IT ALL MEANS. THAT'S WHAT I MEAN. WE CAN'T TAKE A VOTE IN THERE. SO I KNOW I DON'T WANT ANYBODY TO TAKE A VOTE. YEAH. ALRIGHT, MADAM CHAIRMAN, I, I, UH, LET THE AUTHOR OF THE MOTION AND I JUST WANNA LET YOU KNOW THAT I'M ON BOTH SIDES AND SO I COULD GO ANY WAY, UM, ON, ON THIS ISSUE. I THINK THE DEBATE OF THE, YOU KNOW, IN THE PRINCIPLE OF WHAT WE WANT TO DO IS WHAT I WANT TO DISCUSS. AND I THINK THAT SHOULD BE AN OPEN SESSION. I DON'T HAVE A PROBLEM. I AGREE. EXPRESSING MY VIEWS IN OPEN SESSION ABOUT HOW I FEEL ABOUT THAT. I AGREE. ANY, ANYONE ELSE HAVE ANY COMMENTS OR DISCUSSION? [00:05:02] ALL RIGHT. WE NEED A ROLL CALL VOTE ON THIS AMENDMENT. THE AMENDMENT, IT WOULD NEED TO BE TWO THIRDS. OKAY. WE'LL DO A ROLL CALL VOTE ON THIS AMENDMENT TO DISCUSS AN EXECUTIVE SESSION. UH, ELIMINATING THE COUNTY ATTORNEY'S OFFICE. OFFICE. IS THAT DEPARTMENT RATHER THAN OFFICE? IT'S A DEPARTMENT, ISN'T IT? SO THE DEPARTMENT IN THE, UH, IN THE, UH, IN THE, UH, ORGANIZATION CHART, THAT MEANS THE ENTIRE DEPARTMENT BECAUSE IT'S MORE THAN JUST THE DEPUTY. I KNOW. WELL, OKAY. JUST FOR CLARIFICATION, MORE THAN THE DEPUTY, WHAT ATTORNEY? WHAT ARE YOU SAYING? YOU HAVE OTHER ATTORNEYS IN THAT OFFICE? WE DO. WE HAVE THREE POSITIONS. YEAH, BUT ARE THEY FILLED? ONE OF THEM SITS RIGHT THERE AND THE OTHER ONE'S MONICA. OKAY. RIGHT. WELL THAT'S, THIS WILL BE PART OF THE DISCUSSION. WE NEED TO HAVE A SECOND SESSION. OKAY. ALRIGHT, LET'S DO A ROLL CALL. VOTE. COUNCIL MEMBER MCALLEN? YES. COUNCIL MEMBER CUNNINGHAM? NO. COUNCIL MEMBER RES? NO. COUNCIL MEMBER PASSIT? YES. COUNCIL MEMBER LAWSON. MARK LAWSON? NO. COUNCIL MEMBER GLOVER. I'M GONNA SAY YES TO MOVE IT ALONG, HOPEFULLY. COUNCIL MEMBER DAWSON? YEP. COUNCIL MEMBER. BARTHOLOMEW? YES. VICE CHAIR. TABER? NO. CHAIR HOWARD? NO. THE MOTION FAILS. OKAY, SO THE, THAT AMENDMENT FAILS. ARE THERE ANY OTHER AMENDMENTS BEFORE WE GO BACK TO THE ORIGINAL MOTION TO APPROVE THE AGENDA? WOULD YOU DRAW, OH, YOU WANNA TELL US WHAT THE COUNT WAS? PLEASE MA'AM? UH, SIX FOUR. YES. FOUR SIX. NO. HEADED TO THE BREAKER AGENDA ADDED TO THE AGENDA FOR CHAIRWOMAN DISCUSSION IN PUBLIC ADDED TO THE AGENDA. HAVE WE, WHEN WE COME TO THE REGULAR AGENDA? THAT'S WHAT I'M TALKING ABOUT. NO, THIS WAS FOR CAUCUS. I UNDERSTAND. ARE THERE ANY OTHER AMENDMENTS TO THE CAUCUS AGENDA AT THAT? WE, THE ORIGINAL MOTION. OKAY. SEEING NONE, UH, ALL IN FAVOR OF THE AGENDA AS PUBLISHED AND AS AMENDED ANDD AND AS AMENDED TO HAVE AN UPDATE ON THE QUICK COMPANY. ALL IN FAVOR BY SHOW OF HANDS. ALL RIGHT. AND THAT IS UNANIMOUS. ALL RIGHT. UM, SO NOW WE NEED A MOTION TO GO INTO EXECUTIVE SESSION. WELL, MADAM CHAIR, IF I MAY. MM-HMM . UM, MR. MCKELLAN, UH, THE COUNCIL MEMBER DISCUSSION IS NUMBER FIVE AFTER THE APPROVAL OF THE AGENDA. THIS MIGHT BE WITHOUT HAVING TO MAKE ANY AMENDMENT, MIGHT BE A GOOD OPPORTUNITY TO DISCUSS. NO, THAT'S A GOOD POINT. IN A LITTLE MORE DETAIL ABOUT WHAT YOUR THOUGHTS ARE. YES. OKAY. COUNCIL MEMBER DISCUSSION. GO AHEAD. ABOUT WHAT ABOUT YOUR MOTION? THE, THAT FAILED? THE ONE THAT FAILED? YOU CAN DO IT ACCORDING TO THE AGENDA. IT'S NUMBER FIVE ON THE CAUCUS AGENDA. I'LL WAIT TO THE A COUNCIL MEETING. YOU'LL WAIT TILL THE COUNCIL MEETING. THANK. [6. EXECUTIVE SESSION] OKAY. ALL RIGHT, SO NOW I NEED A MOTION TO GO IN EXECUTIVE SESSION FOR THE REASONS FOR THE REASONS DESCRIBED. I WILL READ THEM, UM, UNDER SOUTH CAROLINA CODE SECTION 30 DASH 70 DASH A ONE TO ENGAGE IN DISCUSSIONS INCIDENT TO EMPLOYMENT, APPOINTMENT COMPENSATION, PROMOTION, DEMOTION, DISCIPLINE OR RELEASE OF A PERSON REGULATED BY A PUBLIC BODY ANNUAL PERFORMANCE REVIEW OF THE COUNTY ADMINISTRATOR B UNDER SOUTH CAROLINA CODE SECTION 30 DASH FOUR DASH 70 A. TWO. LEGAL ADVICE RELATED TO DISCUSSION OF NEGOTIATIONS, INCIDENT TO THE PENDING LITIGATION OR OTHER MATTERS COVERED BY THE ATTORNEY GENERAL CLIENT PRIVILEGE, CAROL V BEAUFORT COUNTY AND BEAUFORT COUNTY ZBOA APPEAL OF A VARIANCE DENIAL. C UNDER SOUTH CAROLINA CODE SECTION 30 DASH FOUR DASH 70 82. DISCUSSION OF NEGOTIATIONS INCIDENT TO PROPOSE CONTRACTUAL ARRANGEMENTS AND LEGAL ADVICE RELATED TO PENDING, THREATENED OR POTENTIAL CLAIM OR MATTERS COVERED BY THE ATTORNEY-CLIENT PRIVILEGE, BEAUFORT COUNTY TREASURER VERSUS BEAUFORT COUNTY. LEGAL FEES RELATED TO LITIGATION D UNDER SOUTH CAROLINA CODE SECTION 30 DASH FOUR DASH 70 A ONE TO ENGAGE IN DISCUSSIONS INCIDENT TO EMPLOYMENT, APPOINTMENT COMPENSATION, PROMOTION, DEMOTION, DISCIPLINE OR RELEASE OF A PERSON REGULATED BY A PUBLIC BODY TREASURER. PROPOSED SALARY INCREASES FOR EMPLOYEES E UNDER SOUTH CAROLINA CODE 30 DASH FOUR DASH 70 82. LEGAL ADVICE RELATED TO DISCUSSION OF NEGOTIATIONS, INCIDENT TO PROPOSED CONTRACTUAL ARRANGEMENTS, IMPENDING THREATENED OR POTENTIAL CLAIM OR OTHER MATTERS COVERED BY ATTORNEY-CLIENT PRIVILEGE, UM, REPRESENTATION BY HSB LAW FIRM AND WAIVER OF POTENTIAL CONFLICT OF INTEREST BETWEEN BEAUFORT COUNTY AND WELLS FARGO. AND THEN THE QUICK GROUP AND THEN THE AMENDMENT WOULD BE F WOULD BE THE, UM, UPDATE ON THE QUICK GROUP AND ACT AND WHAT HAS [00:10:01] HAPPENED TO, WITH THAT TO DATE. OKAY. DO WE HAVE A MOTION? DO WE HAVE A MOTION? NEED A MOTION TO GO? I MOVE. ALL RIGHT. THANK YOU MR. GLOVER. SECOND, I'LL SECOND. ALL IN FAVOR BY SIGN OF HANDS AND WE ARE NOW GOING INTO EXECUTIVE SESSION IN THE OTHER ROOM. THANK YOU. NOW WE'RE BACK. [7. MATTERS ARISING OUT OF EXECUTIVE SESSION] GOOD AFTERNOON. WE DO HAVE MATTERS ARISING OUT OF EXECUTIVE SESSION. UM, ITEM NUMBER, THE FIRST ITEM WE HAVE, I THINK THEY'RE COMING OUT STILL. JOE OR LARRY? I HAVE ITEM E. OKAY. UM, WE'RE GONNA TAKE UP ITEM E FIRST. DO WE HAVE A MOTION COMING OUT OF EXECUTIVE SESSION CONCERNING ITEM E? YES. THIS IS THE WAIVER OF A CONFLICT OF INTEREST WITH HSB LAW FIRM, UH, THAT THEY HAVE WITH BUFORT COUNTY WELLS FARGO. I MOVE THAT COUNSEL, COUNSEL AUTHORIZED THE ADMINISTRATOR TO EXECUTE ALL LEGAL DOCUMENTS TO WAIVE ANY POTENTIAL CONFLICT OF INTEREST THE HSB LAW FIRM MAY HAVE IN THE REPRESENTATION OF BEAUFORT COUNTY AND THE BEAUFORT COUNTY TREASURER'S OFFICE AS IT RELATES TO BEAUFORT COUNTY'S VARIOUS BANKING CONTRACTS TO INCLUDE THE PAY STAR CONTRACT AND HS B'S RELATIONSHIP IN REPRESENTING WELLS FARGO BANKING. WE HAVE A SECOND, A SECOND. A SECOND BY COUNCILMAN GLOVER. ANY DISCUSSION? ALL SEEING NONE. ALL IN FAVOR BY SHOW OF HANDS. AND WE HAVE ONE NAY. DID YOU HA DID YOU GET THAT MS. BROCK? I DID. OKAY. UM, ITEM NUMBER, UM, WE HAVE ANOTHER ACTION ITEM. ITEM A, UM, DO WE HAVE A MOTION REGARDING THAT ONE AT THE EVAN CARROLL MATTER? NO, NOT, NOT A, I'M SORRY. B I'M SORRY, B IS THAT EVAN CARROLL MATTER? YES. AT THE EVAN CARROLL MATTER. OKAY, I HAVE A MOTION. UM, THIS IS THE, UH, EVAN CARROLL VERSUS BEAUFORT COUNTY AND BEAUFORT COUNTY ZONING BOARD OF APPEALS. I MOVE THE COUNCIL AUTHORIZED THE COUNTY ATTORNEY TO NEGOTIATE A SETTLEMENT AGREEMENT IN THE CASE OF EVAN CARROLL VERSUS BEAUFORT COUNTY AND BEAUFORT COUNTY ZONING BOARD OF APPEALS IN ACCORDANCE WITH THE TERMS AS DISCUSSED IN EXECUTIVE SESSION AND FOR THE ADMINISTRATOR TO, OR HIS DESIGNEE TO EXECUTE ALL RELEVANT AND NECESSARY DOCUMENTS TO EFFECTUATE SETTLEMENT OF THE CASE FOR THE APPEAL. DO WE HAVE A SECOND? I'LL SECOND. A SECOND BY COUNCILMAN PASSMAN. ANY DISCUSSION? ADAM? JIM, I'M JUST GONNA VOTE NO ON THIS AT THIS TIME BECAUSE I THINK, UM, I WOULD JUST CALL A ROLL CALL. I THINK WE NEED A ROLL CALL VOTE THEN. OKAY. YES. ANY OTHER DISCUSSION OR QUESTIONS REGARDING THIS MOTION? ALRIGHT. UH, MS. BROCK, CAN YOU DO A ROLL CALL? COUNCIL MEMBER MCALLEN? YES. COUNCIL MEMBER PASSMAN? YES. COUNCIL MEMBER REEDS? YES. COUNCIL MEMBER LAWSON. MARK LAWSON? YES. COUNCIL MEMBER GLOVER? NO. COUNCIL MEMBER DAWSON? YES. COUNCIL MEMBER CUNNINGHAM? NO. COUNCIL MEMBER BARTHOLOMEW? NO. VICE CHAIR TABER? YES. CHAIR HOWARD? YES. THE MOTION PASSES. SEVEN THREE. OKAY. UM, THERE BEING NO OTHER BUSINESS, UM, OUT OF EXECUTIVE SESSION. EXECUTIVE SESSION IS NOW ADJOURNED AND WE WILL HAVE A, UM, FIVE MINUTE BREAK WHILE WE SWITCH OVER TVS AND ALL THOSE GOOD THINGS. * 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.