[00:00:02]
[1. CALL TO ORDER]
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.WAS THIS MEETING ADVERTISED IN COMPLIANCE WITH THE FREEDOM OF INFORMATION ACT? YES MA'AM.
[4. APPROVAL OF AGENDA]
A MOTION FOR APPROVAL OF THE AGENDA FOR CAUCUS.UM, BEING THAT, UM, ITEM A IN THE EXECUTIVE SESSION HAS BEEN BROUGHT TO US, UM, AND THAT THERE HAVE BEEN SEVERAL INTERVENING PARTIES TO THIS ISSUE HERE.
UM, I WOULD LIKE THEM THEN THE AGENDA TO POSTPONE THIS UNTIL ALL OF THE INTERVENING PARTIES ARE NOTIFIED SO THAT THEY CAN HAVE ACCESS AND PARTICIPATE IN THIS DISCUSSION.
A SECOND BY COUNCILMAN DAWSON.
DISCUSSION? UH, YEAH, THAT'S TECHNICALLY NOT TRUE.
THIS LAWSUIT ONLY HAS ONE PERSON, THE ONE THAT YOU'RE DISCUSSING HAS BEEN IN SHELVED.
THAT IS NOT, WHAT'S THAT? THIS ITEM IS NOT THE ONE THAT'S BEING DISCUSSED WITH MULCHER.
SO THERE'S TWO DIFFERENT LAWSUITS, TECHNICALLY THREE, ONE THAT D DIFFERENT LEVELS, BUT THREE.
THIS ONE IS ONLY ONE PERSON INVOLVED IN A LAWSUIT.
AND AS A COUNTY IN PINE ISLAND, THE ONE YOU'RE REFERRING TO HAS BEEN SHELVED A COUPLE MONTHS AGO.
THAT'S NOT THE ONE WE WERE DISCUSSING.
THIS IS A LAWSUIT THAT WAS FILED LATER ON AND IT'S ONLY TWO PARTIES.
COUNTY COUNT, BUT THERE WERE INTERVENING PARTIES.
LET'S, LET'S, ANY OTHER COMMENTS WE'RE IN DISCUSSION? I'VE HEARD FROM COUNCILMAN YORK, HEARD FROM COUNCILMAN CUNNINGHAM.
CHAIRMAN, I, I STILL WOULD LIKE TO GET A RISK ANALYSIS FROM OUR ATTORNEYS AND, AND I THINK ANY PRESENTATION SHOULD BE DONE OUT HERE IN THE PUBLIC.
THAT'S YOUR COMMENT? YES, MA'AM.
ANY OTHER, OTHER COMMENTS? DO WE WANT ANY ADVICE FROM OUR LEGAL COUNSEL REGARDING THE MOTION? I WOULD, THAT'S MY COMMENT.
UM, DO YOU HAVE ANY COMMENTS? UH, COUNCILMAN CUNNINGHAM IS CORRECT.
THE ONLY PARTIES, UH, IN THE LAWSUIT THAT'S BEING DISCUSSED FOR SETTLEMENT IN THE 2026 FILED LAWSUIT IN FEDERAL COURT ARE THE COUNTY AND PINE ISLAND PROPERTY HOLDINGS.
THOSE ARE THE ONLY TWO PARTIES TO THE CASE.
UH, THERE ARE NO INTERVENERS AT THIS TIME, AND THE CASE THAT HAS INTERVENERS IS ON APPEAL AT THE, UH, COURT OF APPEALS IS WHERE THAT'S AT.
BUT WE'RE TALKING ABOUT THE RECENTLY FILED, UH, CASE IS WHAT WE'RE TALKING ABOUT.
I DIDN'T REALIZE YOU WERE ON COUNCIL MCALLEN HERE.
UH, I'D LIKE TO MAKE A MOTION, BUT, UH, I'D LIKE TO ENTER THIS DISCUSSION AND INDICATE I INTEND TO MAKE A MOTION WHEN THIS IS FINISHED SO I DON'T MISS THE OPPORTUNITY TO ELIMINATE THIS FROM THE AGENDA IN ITS ENTIRETY, BECAUSE I THINK IT'S ENTIRELY INAPPROPRIATE FOR A, A MEMBER OF THIS LITIGATION, UH, TO BE COMING INTO EXECUTIVE SESSION TO DISCUSS IT.
WELL, I THINK THE MOTION THAT I UNDERSTAND WHAT YOU SAID, I JUST WANTED TO BE SURE THAT YOU UNDERSTAND WHAT COUNCILMAN GLOVER SAID.
DON'T THROUGH THIS, AND I HAVE AN OPPORTUNITY TO AMEND THIS AGENDA, TO ELIMINATE THAT DISCUSSION.
SO YOUR COMMENT ON COUNCILMAN GLOVER'S MOTION IS TO WELL, I, I WOULD SUPPORT HIS ELIMINATING OF THIS, BUT FOR AN ENTIRELY DIFFERENT REASON.
COUNCILMAN'S GLOVER'S MOTION WAS TO POSTPONE IT.
LET MR. LET'S ELIMINATE, UH, CAN MR. MCALLEN'S MOTION BE A SUBSTITUTE MOTION? YOU WITHDRAW YOUR AMENDMENT.
YEAH, THEN I WOULD WITHDRAW MY MOTION.
THEN I'D LIKE TO MAKE A MOTION.
WAIT, I NEED THIS A PERSON WHO MADE THE SECOND TO CONCUR.
COUNCIL MCKELLEN, I'D LIKE TO AMEND THE AGENDA TO, UH, REMOVE THIS ITEM FROM A DISCUSSION IN EXECUTIVE SESSION BECAUSE IT IS SIMPLY AN INAPPROPRIATE ACTION TO BE UNDERTAKEN IN EXECUTIVE SESSION.
TO HAVE SOMEONE WHO IS A PLAINTIFF IN LITIGATION COME TO OUR EXECUTIVE SESSION TO DISCUSS HIS POSITION ON THIS MATTER.
DO WE HAVE A SECOND? I'LL SECOND IT.
SO THE MOTION IS TO REMOVE FROM EXECUTIVE SESSION HAVING, CAN
[00:05:01]
YOU STATE IT AGAIN, LARRY, PLEASE? YEAH, I JUST WANNA HAVE THIS ENTIRE, UM, AGENDA ITEM REMOVED FROM THE AGENDA.ANY DISCUSSION? I'M GOING TO AGREE WITH MR. BARTHOLOMEW.
I WOULD STILL LIKE TO HEAR FROM OUR ATTORNEY ON THE RISK MITIGATION.
SO THAT WOULD BE THAT AGENDA ITEM.
IT JUST WOULD NOT INCLUDE THE DEVELOPER.
ANY OTHER COMMENTS? I STILL WOULD LIKE TO SEE THAT ELIMINATED.
AND YOU CAN MAKE A MOTION TO INCLUDE WHAT YOU'D LIKE TO DO ABOUT RISK MITIGATION AS ANOTHER AGENDA ITEM.
ANY OTHER COMMENTS? DISCUSSION ON, UM, COUNCILMAN MCKELLEN'S? MOTION? YEAH.
I'LL JUST REMIND COUNSEL THAT IT'S AT COUNSEL'S DISCRETION AS TO WHETHER OR NOT TO ALLOW ANY MEMBERS INTO YOUR EXECUTIVE SESSION, WHICH IS DIFFERENT THAN REMOVING IT FROM THE AGENDA TO RECEIVE YOUR LEGAL ADVICE.
SO YOU COULD CHOOSE NOT TO ALLOW OUTSIDE MEMBERS INTO EXECUTIVE SESSION AND JUST HEAR FROM YOUR LAWYERS IF YOU CHOOSE TO.
SO THAT COULD BE A DIFFERENT MOTION THAN WHAT MR. MCKELLAN IS, UH, RAISING AT THIS POINT.
SO WE HAVE A MOTION ON THE FLOOR, UM, TO REMOVE IT AT THIS TIME.
AND WILL IT NEED TO BE A SUPER MAJORITY? YES.
AND THIS IS MOTION IS TO REMOVE IT COMPLETELY FROM THE AGENDA? THAT'S CORRECT, YES.
BEFORE, DO WE, DO WE HAVE ANY, UM, ANYONE FROM THE OPPOSITION POSITION ENTER IN, INTO EXECUTIVE SESSION TO DISCUSS THIS MATTER? THE PLAINTIFF? IT COULD BE.
YOU MEAN THERE COULD BE A SECOND MO? YOU MEAN AFTER THIS MOTION'S VOTED ON ANYONE ON COUNCIL OR, OH, NO, NO.
YOU MEAN, YOU MEAN, DOES YOU MEAN INTERVENERS? YEAH.
THERE ARE NO INTERVENERS ON, THERE'S NO INTERVENERS.
THE COUNTY AND PINE ISLAND IN THIS LAWSUIT.
THAT ANSWER, COUNCIL, WHEN, WHEN WE, WHEN WE ENTER INTO CAUCUS TO DISCUSS THIS, IT'S JUST GONNA BE US COUNCIL MEMBERS, NOT, NOT THE, NOT ANYBODY FROM THE PINE ISLAND.
WELL, THIS MOTION REMOVES IT FROM THE AGENDA ENTIRELY.
I THINK CURRENTLY RIGHT NOW, NOW THE WAY IT SITS ON THE AGENDA, IT, THEY, THEY WILL BE COMING TO MAKE THEIR PRESENCE.
IF IT, IF IT AS IT IS PUBLISHED THE WAY, IT'S THE WAY IT'S PUBLISHED RIGHT NOW.
THAT'S, THAT'S WHAT I NEEDED CLARITY ON.
THIS IS TO REMOVE IT ENTIRELY FROM THE AGENDA.
IT'S ON THE AGENDA TO RECEIVE LEGAL ADVICE RELATED TO THE SETTLEMENT OFFER.
THE PARTIES THAT ATTEND EXECUTIVE SESSION IS NOT PART OF THE AGENDA.
THAT WAS JUST PART OF THE PLAN AS FAR AS HOW TO PRESENT.
IF COUNSEL WANTS TO CHANGE, WHO PARTICIPATES IN THE PRESENTATION, THEY CAN DO SO THAT DOESN'T REQUIRE REMOVING IT FROM THE AGENDA.
IT ISN'T ON THE AGENDA THAT ANY OUTSIDE ENTITIES ARE PART OF THIS DISCUSSION.
THAT'S COMPLETELY AT COUNCIL'S DISCRETION.
I'D LIKE TO MAKE, I'M GONNA, I'M GONNA, ALICE, I'M GONNA TELL YOU AGAIN, I WANT THIS MOTION, I WANT THIS ELIMINATED FROM THE AGENDA.
IF FINE, IF WE WANNA GO AND GET LEGAL ADVICE, THAT CAN BE ANOTHER AMENDMENT.
IT DOESN'T, IT DOESN'T MATTER TO ME WHAT THE MANIPULATION IS HERE.
I WANT THIS ITEM IN ITS ENTIRETY OFF THE AGENDA.
IF YOU WANNA MAKE SOME OTHER ACCOMMODATIONS, THEN BE MY GUEST, LARRY.
THAT'S EXACTLY WHAT IT SAYS ON THE AGENDA IS WE'RE GETTING LEGAL ADVICE.
SO TO TAKE IT OFF AND PUT IT RIGHT BACK ON WOULD BE THE EXACT SAME ITEM.
IT WOULD BE PUT BACK ON WITH THE ELIMINATION OF EVERYBODY WHO'S NOT ESSENTIAL TO THIS AND INAPPROPRIATE THAT IS NOT IN THE AGENDA ITEM.
NO ONE'S ON ON THERE EXCEPT LEGAL ADVICE.
WELL, THEN HOW DO YOU, HOW DO YOU EXCLUDE? ALL RIGHT.
COUNCIL MEMBER CUNNINGHAM? NO.
COUNCIL MEMBER BARTHOLOMEW? YES.
SO NOW DO WE NEED A MOTION TO UM, APPROVE THE AGENDA AS AMENDED? APPROVE IT AS AMENDED THE OTHER THREE AGENDA.
ALRIGHT, NOW WE NEED A MOTION TO APPROVE IT AS AMENDED.
DO WE HAVE A SECOND? I'LL SECOND THAT.
[00:10:01]
OKAY.UM, THE FIRST ONE IS CHAIRMAN.
I MEAN, THERE WAS A MOTION ON THE FLOOR TO APPROVE THE AGENDA ALREADY AND IT WAS, UM, SO AND SO IT NEEDS TO BE AS AMENDED.
UM, THESE ARE THE ITEMS FOR EXECUTIVE SESSION UNDER SOUTH CAROLINA CODE SECTION 30 DASH FOUR DASH 70 A.
LEGAL ADVICE RELATED TO DISCUSSION OF NEGOTIATIONS IS AN INCIDENT TO THE PENDING LITIGATION OR OTHER MATTERS COVERED BY THE ATTORNEY-CLIENT PRIVILEGE.
PINE ISLAND PROPERTY HOLDINGS IN PINE ISLAND.
UM, G-C-L-L-C VERSUS BEAUFORT COUNTY.
THAT'S BEEN REMOVED AND THAT'S BEEN REMOVED BECAUSE WE HAD A SUPER MAJORITY.
UM, SO THE THREE ITEMS THAT WILL BE UNDER SOUTH CAROLINA CODE SECTION 30 DASH FOUR DASH 70 A TWO LEGAL ADVICE I I'M NOT BOTHERING RELATED TO DISCUSSION NEGOTIATIONS, INCIDENT TO THE PENDING THREATEN OR POTENTIAL CLAIM OR OTHER MATTERS COVERED BY THE ATTORNEY-CLIENT PRIVILEGE MEYER NORTH AMERICA BUSINESS LICENSE APPEAL.
SECOND ITEM UNDER SOUTH CAROLINA CODE SECTION 30 DASH FOUR DASH 70 A.
TWO LEGAL ADVICE RELATED TO THE DISCUSSION OF NEGOTIATIONS, INCIDENT TO PENDING LITIGATION OR OTHER MATTERS COVERED BY ATTORNEY CLIENT PRIVILEGE.
UM, MARIA WALLS VERSUS BEAUFORT COUNTY.
AND THE THIRD ITEM, UM, FOR EXECUTIVE SESSION IS UNDER SOUTH CAROLINA CODE 30 DASH FOUR DASH 70 A TWO.
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.
CHARLESTON, UM, MU MU STORM DRAINAGE ISSUE IN THE BLUFFTON PARKWAY.
SO WE HAVE A MOTION AS AMENDED TO APPROVE FOR EXECUTIVE SESSION.
AND WE, THERE MAY BE ITEMS COMING OUT OF, UM, EXECUTIVE SESSION.
SO WHAT'S QUESTION, WHAT'S GONNA BE THE PROCESS FOR US GETTING INFORMATION ON THE LEGALITIES OF PINE ISLAND? 'CAUSE WE STILL, NOT THE RISK ASSESSMENT.
I'LL REMIND COUNSEL THAT LARRY, I WAS PRETTY SURE I WAS SPEAKING.
THAT HAS NOTHING TO DO WITH THIS.
IT'S LITERALLY WHAT THE AGENDA ITEM WAS IF YOU'VE READ THE FIRST ITEM.
ALRIGHT, COUNCIL MCKELLAN, UH, WE'RE, WE'RE TRYING TO GET OUR CO OUR, OUR COUNSEL TO, I REMIND COUNSEL THAT WE'RE TRYING TO GET THE AGENDA APPROVED IS WHAT WE'RE TRYING TO DO.
I HAVE A LEGAL OBLIGATION THAT QUESTIONS ABOUT SCHEDULING CAN BE MADE AT ANY TIME.
I HAVE A LEGAL OBLIGATION TO BRING A SETTLEMENT OFFER TO COUNSEL AND I OWE THE PLAINTIFFS AN ANSWER TO ANY SETTLEMENT OFFER.
SO I HAVE TO LEGALLY PROVIDE AN ANSWER TO THEM.
UM, IT DOESN'T HAVE TO BE TONIGHT, BUT THEY'VE BROUGHT US A SETTLEMENT OFFER.
SO I HAVE TO PRESENT THAT SETTLEMENT OFFER TO COUNSEL AND I HAVE TO GIVE THE, UH, PROPONENTS, THE PLAINTIFFS AN ANSWER.
SO AT SOME POINT WE HAVE TO ADDRESS THE SETTLEMENT OFFER PUT TO US.
BUT IT WON'T BE TONIGHT, SO THAT'S CORRECT.
WE WILL NOW ADJOURN TO, NO MA'AM.
THAT WAS JUST A, WE NEED TO VOTE ON THE APPROVAL OF THE AGENDA AS AMENDED AND THEN YOU MAKE A MOTION FOR EXECUTIVE SESSION.
ALL IN FAVOR OF THE AGENDA AS AMENDED BY SIGN OF HANDS.
[5. EXECUTIVE SESSION ]
GO INTO NOW A MOTION TO GO INTO EXECUTIVE SESSION.NOW WE NEED A MOTION TO GO INTO EXECUTIVE SESSION.
I'LL MAKE THE MOTION A MOTION BY COUNCILMAN, UH, BY VICE CHAIR TABER, DO WE HAVE A SECOND TO GO IN EXECUTIVE SESSION? SECOND.
A SECOND BY COUNCILMAN PASSMAN.
ALL IN FAVOR BY SHOW OF HANDS TO GO AN EXECUTIVE SESSION.
ALRIGHT, AND THAT IS UNANIMOUS.
THERE MAY OR MAY NOT BE ITEMS TO COME OUT OF EXECUTIVE SESSION.
THAT, UH, ITEM, THE ITEM REGARDING PINE ISLAND WAS DELETED IN CASE YOU, UM, DIDN'T, IF YOU WEREN'T HERE EARLIER, THAT WAS DELETED FROM EXECUTIVE SESSION.
[6. MATTERS ARISING OUT OF EXECUTIVE SESSION ]
ITEMS AND WE DO HAVE, UH, MATTERS ARISING OUT OF EXECUTIVE SESSION.UM, DO I HAVE A MOTION REGARDING THE GE MAYOR NORTH AMERICAN BUSINESS LICENSE APPEAL? YES, MA'AM.
UH, I MOVE THAT COUNTY COUNCIL APPROVE THE PROPOSED SETTLEMENT OFFER BETWEEN BUFORT COUNTY AND GEMAR NORTH AMERICA INCORPORATED, AND THAT WE AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE THE APPROVE SETTLEMENT AGREEMENT.
WE HAVE A SECOND, I'LL SECOND IT A SECOND.
TABER, ANY DISCUSSION? I GUESS JUST FOR PUBLIC INFORMATION, I DON'T KNOW HOW MUCH WE'RE ALLOWED TO SHARE ON THE AGREEMENT, BUT WE DID HOLD UP OUR STANCE OF MAKING SURE THAT WAS THE PUBLIC WAS FULLY FUNDED BACK.
ANY OTHER DISCUSSION OR COMMENTS? SEEING NONE,
[00:15:01]
UH, IS MR. MCKELLEN HE'S OFF.I'M STILL, I'M STILL HERE, BUT I'M HAVING TROUBLE WITH THE CAMERA.
UH, BY SHOW OF HANDS, ALL IN FAVOR OF THE MOTION AND, UM, MR. MCAL? YES.
UNDER, UM, THE NEXT ITEM COMING UP IS THE ONE REGARDING ATTOR, UH, MARIA WALLS VERSUS BUFORT COUNTY.
I MOVE THAT COUNSEL NOT RATIFY THE CONTRACT FOR LEGAL SERVICES ENTERED INTO BY THE BEAUFORT COUNTY TREASURER OF MARIA WALLS IN THE CASE OF MARIA WALLS VERSUS BEAUFORT COUNTY AT THE, AND THAT THE ADMINISTRATOR NOT AUTHORIZE THE PAYMENT OF ANY LEGAL INVOICES FOR SERVICES BY THE LAW FIRM OF AL CAUSAL ROOT RELATED TO THE SUBJECT LITIGATION.
AND THAT THE ADMINISTRATOR MAKE EVERY REASONABLE EFFORT TO RECOUP ANY PAYMENTS MADE BY THE FINANCE OFFICE TO CAUSE LYRIC ROOT FOR LEGAL SERVICES, WHICH NOT HAVE, HAVE NOT BEEN AUTHORIZED BY COUNSEL OR THE ADMINISTRATOR.
DO WE HAVE A SECOND? I'LL SECOND.
I, I THINK WE NEED TO MEDIATE THIS CASE.
I'M JUST GONNA LEAVE IT AT THAT.
WE'VE BEEN SAYING THAT FOR A WHILE.
WE'VE BEEN SAYING THAT FOR OVER A YEAR, SO LET'S WORK ON THAT.
UH, DO WE NEED A ROLL CALL VOTE? I THINK YOU SHOULD.
IS THERE ANY OTHER DISCUSSION BEFORE WE DO THE VOTE? I'M SORRY, SAYING NONE.
ALL RIGHT, WE'LL DO A ROLL CALL.
COUNCIL MEMBER CUNNINGHAM? YES.
COUNCIL MEMBER BARTHOLOMEW? YES.
ALL RIGHT, THE NEXT ITEM FROM EXECUTIVE SESSION COMING OUT IS REGARD TO THE, UM, CHAR CHARLTON MUSE STORM DRAINAGE ISSUE ON BLUFFTON PARKWAY.
DO WE HAVE A MOTION? I'VE GOT A MOTION AND, UH, IT IS, I MOVE THAT COUNSEL AUTHORIZE THE COUNTY ADMINISTRATOR IN CONSULTATION WITH COUNTY ATTORNEY AND APPROPRIATE STAFF AND CONSULTANTS TO ENTER INTO NEGOTIATIONS WITH CHARTWELL MUSE REGARDING THE ALLEGED IMPACTS TO THEIR PROPERTY ASSOCIATED WITH THE BLUFFTON PARKWAY PROJECT, INCLUDING EVALUATION OF MONETARY AND NON-MONETARY RESOLUTION ALTERNATIVES WITH ANY PROPOSED SETTLEMENT OR AGREEMENT TO BE PRESENTED TO COUNTY COUNCIL FOR FINAL APPROVAL.
I THINK I HEARD COUNCILMAN CUNNINGHAM FIRST, UH, WITH THE SECOND.
ANY DISCUSSION REGARDING THIS? ALRIGHT.
CAN WE BY SHOW OF HANDS, ALL IN FAVOR? I'LL VOTE YES.
THERE'S, UM, DO I HAVE A MOTION? WE NEED A MOTION TO GO OUT OF EXECUTIVE SESSION PLEASE.
A MOTION TO ADJOURN EXECUTIVE SESSION.
OUR REGULAR MEETING WILL START AT SIX O'CLOCK.