Sep 24, 2020 Zoning Board of Appeals

[1. CALL TO ORDER]

[00:00:06]

SCHEDULE ZONING BOARD OF APPEAL MEETING WHICH IS THE SEPTEMBER 24TH TWO THOUSAND TWENTY WE GONNA CALL HAVE THIS MEETING CALL THIS MEETING TO ORDER THE TIME KNOWING IS FIVE OR THREE WE'RE GOING TO BEGIN OUR MEETING BY RECITING THE PLEDGE OF ALLEGIANCE.

>> CAN I HAVE EVERYONE TO STAND FACE THE FLAG, RECITE THE PLEDGE OF ALLEGIANCE AS WE ALL KNOW THAT THIS IS ONE OF THOSE AGENDAS THAT WE HAVEN'T SEEN IN A WHILE WHICH MAY BE A LENGTHY AGENDA. SO WE'RE ASKING THAT, YOU KNOW, WHEN IT'S TIME FOR PUBLIC COMMENT THAT WE LEAVE OUR PUBLIC COMMENT UP TO THREE MINUTES IF SOMEONE IN THE FRONT OF YOU HAVE SAID WHAT YOU HAVE LIKE TO SAY JUST STATE THAT I AGREE WITH THAT INDIVIDUAL THAT JUST CAME BEFORE ME STATE YOUR NAME AND JUST STATE THAT AND YOU WILL GO ON THE RECORD JUST FOR THE SAKE OF TIME TONIGHT WE'RE GOING TO GIVE THE APPLICANT 10 MINUTES NORMALLY THAT'S WHAT WE GIVE THE APPLICANT 10 MINUTES TO PRESENT THEIR CASE IF THEY NEED MORE THAN YOU KNOW WE WILL ALLOW MAY ALLOW FOR A LITTLE BIT MORE TIME BUT DEFINITELY ON THE PUBLIC COMMENT WE WILL NOT EXCEED THREE MINUTES ON THE PUBLIC COMMENT OF ALL PUBLIC NOTIFICATIONS. GOOD ADOPTION OF THE AGENDA I MEAN OF THE MINUTES GENTLEMEN, WE HAVE FIRST OF ALL BEFORE I GO ANY FURTHER I WOULD LIKE TO INTRODUCE ONE OF THE NEWEST MEMBER TO OUR BOARD THIS FIRST NIGHT WHICH IS MISS LYNN WHO THE ADOPTION OF THE MINUTES

[5. APPROVAL OF MINUTES]

>> GENTLEMEN, HAVE WE HAD THE OPPORTUNITY TO LOOK OVER JANUARY TWENTY THIRD MEETING I MEAN MINUTES. YES, JANUARY TWENTY THIRD TWENTY TWENTY MINUTES BE ADOPTED AS PRESENTED SECOND IT'S BEEN PROPERLY MOVED IN SECOND ALL IN FAVOR SPIN PAST WITH THE KNOWING THAT MR. CECIL DID NOT VOTE BECAUSE HE WASN'T THERE.

>> WE'RE GOING TO MOVE ON TO THE JUNE 20 FIFTH MEETING. EVERYONE HAD AN OPPORTUNITY TO LOOK AT IT. YES. IF NO QUESTIONS ON IT.

CAN I GET SOMEONE TO MAKE A MOTION TO MOVE THAT WE YES. IT'S BEEN PROPERLY MADE.

>> CAN GIVE SOMEONE A SECOND SECOND I SPENT PROBABLY MADE A SECOND ALL IN FAVOR OF MR.

CHAIRMAN. >> I I'M ABSTAINING FROM THAT VOTE AS I WAS NOT AT THAT

MEETING. CORRECT. >> ALL RIGHT.

[4. ADOPTION OF AGENDA]

ITEM SIX AN ITEM WELL THEY ARE AXING FOR CONTINUED CONTINUANCE SO WE WON'T BE HEARING ITEM SIX AND TWELVE ON TONIGHT. I WOULD LIKE TO MOVE TO THE FIRST KEY MINE TO ITEM SIX.

>> THEY POINT TO ITEM EIGHT AND AFTER THAT WE CAN JUST KEEP EVERYTHING ELSE IN ORDER AND IF I DON'T HAVE ANY QUESTIONS OR COMMENTS ON THAT, CAN I GET SOMEONE TO ADOPT THE AGENDA

STATED? >> WELL, MR. CHAIRMAN, I DO HAVE A QUESTION ABOUT THE AGENDA FIRST THE AND MAYBE MR. GREENWAY OR MISS AUSTEN CAN ANSWER THIS.

[00:05:03]

I DON'T REMEMBER EXACTLY WHICH DATE. MR. CHAIR, CAN I GET YOU TO

SPEAK INTO THE MIKE? >> BUT YES, IT REFERRED TO AN APPLICATION BY WILLIAMS HAVING TO DO WITH VARIANCE FROM THE OCR AND BASELINE AND THERE WAS NOTHING ON THE PUBLISHED

DIGITAL GREAT. THANK YOU CHAIRMAN. >> I'LL TALK TO YOU.

THEY LOCKED IN AN APPEAL WHICH IS NUMBER 20. CORRECT.

I HAD FILED A MOTION TO CONTINUE TO SERVE AND I JUST WANTED TO BRING THAT TO YOUR ATTENTION. I'LL BE GLAD TO ADDRESS IT OR IF UNLESS THE STAFF ARGUES AGAINST IT. OF COURSE WHATEVER YOU'D LIKE TO DO.

BUT I JUST WANT TO MAKE SURE YOU KNEW THERE WAS A MOTION TO CONTINUE THAT.

YES, WE DID. THANK YOU VERY THAT. OK.

>> WELL, WE WILL HEAR IT WHEN WE WHEN THAT TIME COMES UP ON THE AGENDA.

THAT'S OK. >> ALL RIGHT. SO WITH THAT BEING SAID, GENTLEMEN, I GUESS WE NEED TO DECIDE WHETHER WE GO TO HEAR THAT LUPTON CASE AND LADY WELL WE'RE GOING TO KEEP IT ON THE AGENDA FOR NOW. SO WE JUST GO AHEAD AND GET SOMEONE TO ADOPT THE AGENDA AS NOTED. I MOVE THAT WE ADOPT THE AGENDA AS WHAT THE CHANGES STATED BY MR. MACK. I'LL SECOND IT.

MOTION HAVE BEEN MADE TO ADOPT AGENDA PROPERLY PROPERLY MADE TO ADOPT THE AGENDA AND SECONDED A ALL IN FAVOR OF THE MOTION WHICH HAS BEEN PASSED ADOPT THE AGENDA.

>> SO THAT BEING SAID WE'RE GOING TO. >> FIRST ITEM WHICH IS ITEM THE

[18. DSMS c/o Carolina Engineering is requesting a Special Use Permit for Mining for Section 4.1.160 of the Community Development Code. The property is located on Haig Point Road, Daufuskie Island. The property is zoned D2 Rural. (R800 024 000 0018)]

FOR THE MINING SECTION FOR ONE THAT'S 160 CAL AND ENGINEER. >> MR. CHAIRMAN, BEFORE WE GET STARTED I JUST WANT TO KNOW FOR THE RECORD THAT MANY YEARS AGO A DECADE OR MAYBE MORE I

REPRESENTED BILL SCOTT WITH RESPECT TO ANOTHER PROJECT. >> I HAVE HAD NOTHING AT ALL TO DO WITH THIS APPLICATION. I HAVE NO INTEREST IN IT. SO I'M NOT PLANNING ON RECUSING MYSELF FROM HEARING THIS APPLICATION. BUT I DO WANT IT NOTED FOR THE RECORD THAT I HAVE PASSED MANY YEARS AGO REPRESENTED MR. SCOTT.

IT'S BEEN NOTED. GOOD EVENING. >> MY NAME IS DAVID.

I'M WITH CAROLINA ENGINEERING. ALSO WITH ME IS MY CLIENT CASEY GOD.

WE'RE HERE AT CNN TO PRESENT THE TO FIVE POINT ROAD MINE ON THE FIRST KEY ISLAND THIS TIME IS LIMITED. MAN, I'LL I'LL JUMP RIGHT IN. THE PROJECT WILL CONSIST OF EXCAVATING A THREE POINT NINE ACRE LAKE ON AN EIGHTEEN POINT EIGHT ACRE PARCEL.

THE PARCELS LOCATED AT THE INTERSECTION OF HAY POINT ROAD AND MARY FIELD ROAD.

ON THE FIRST ISLAND IT'S IN THE NORTH WEST QUADRANT IT FRONTS ON BOTH ROADS.

I KNOW THERE'S BEEN SOME QUESTION ABOUT ENVIRONMENTAL AND CULTURAL RESOURCE IMPACTS.

SO TO START WITH MY CLIENT HIRE NEW PARK ENVIRONMENTAL NEWKIRK DID AN ENVIRONMENTAL ASSESSMENT OF NOT JUST THE THREE POINT NINE ACRES BUT THE ENTIRE EIGHTEEN POINT EIGHT ACRE SITE . NEWKIRK ENVIRONMENTAL DID NOT FIND ANY AREAS OF ENVIRONMENTAL SIGNIFICANCE ON THE SITE AFTER NEWKIRK LOOKED AT IT WE HAD ARMY CORPS OF ENGINEERS LOOK AT THE SITE TO DETERMINE IF THERE WERE ANY WETLANDS OR ANY AQUATIC RESOURCES ON SITE.

>> THE ARMY CORPS OF ENGINEERS DETERMINED THERE WERE NO WETLANDS AND NO AQUATIC

RESOURCES ON THE ENTIRE SITE. >> EIGHTEEN POINT EIGHT ACRE SITE AFTER THE ARMY CORPS OF ENGINEERS LOOKED AT IT. WE HAD BAROQUE INTENDED ASSOCIATES DO A CULTURAL RESOURCE SURVEY ONCE AGAIN ON THE ENTIRE SITE. ROCKINGHAM DIDN'T FIND ANY CULTURAL RESOURCES ANY SIGNIFICANCE ON THE ENTIRE SITE.

[00:10:05]

WE WENT BEFORE OCR IN THE OFFICE OF COASTAL RESOURCE MANAGEMENT.

THEY REVIEWED THE PROJECT. THEY DID NOT FIND ANY CULTURAL RESOURCE IMPACTS OR ENVIRONMENTAL IMPACTS OCR AND THEN SIGNED OFF ON THE PROJECT ONCE THOSE YORAM SIGNED OFF D HAD TO REVIEW THE PROJECT D HECK HAS ISSUED A MINING PERMIT FOR THIS PROJECT.

DEAC AS WELL REVIEWED ENVIRONMENTAL IMPACTS, HACK REVIEWS, CULTURAL RESOURCE IMPACTS HE HAD DIDN'T FIND ANY ISSUE WITH ANY OF THOSE AS PART HAG MINING PERMIT.

WE ALSO RECEIVED OUR IN PDVSA PERMIT THAT IS A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT THAT'S IN ENACTED BY THE CLEAN WATER ACT OF 1974 AND THAT CHECK TO MAKE SURE THAT WE DON'T RELEASE ANY CONTAMINANTS DOWNSTREAM OF OUR SITE.

THEY DETERMINED WE WEREN'T RELEASING ANY HARMFUL CONTAMINANTS AND WE WERE GRANTED AN MPD. YES PERMIT FOR OUR PROJECT. AFTER WE JUMP THROUGH ALL THOSE LOOPS WE WENT BEFORE THE COUNTY IN AZURE WHERE THE COUNTY HAS RECOMMENDED APPROVAL OF US PROJECT. THE COUNTY STATED THAT IT CONSISTENT WITH COMPREHENSIVE PLANS, PURPOSES, GOALS, OBJECTIVES AND POLICIES AND THAT THEY DETERMINED THAT IT DOES NOT ADVERSELY IMPACT THE ENVIRONMENT TRAFFIC FOR GOVERNMENTAL SERVICES ON THE PHILOSOPHY OF IF YOU HAVE ANY QUESTIONS I'LL BE GLAD TO ANSWER TOURNAMENTS.

WE HAVE A QUESTION FOR CAROLINA ENGINEER. YES, MR. CHAIRMAN.

MR. CARLIN, THE FLIGHT PLAN IT LOOKS LIKE THERE'S ACTUALLY TWO SEPARATE PONDS THAT DON'T USE

THAT AREA IN THE MIDDLE. >> IS IT DONE TO SAVE TREES THAT ARE THERE? YES, THAT'S CORRECT. THERE ARE TWO LARGE OAK TREES THERE THAT WE WANTED SAY AND THIS POSSIBLY AN INDUCED PLAN AND I DIDN'T SEE THAT IN OUR MATERIALS HAD BEEN SUBMITTED TO THE COUNTY. NO, SIR. THEN YOU STOLE HER CAR BEFORE WE GO TO FINAL SRT THE END USE WILL BE ABOUT THREE ACRE LAKE FOR RECREATIONAL USE AND MY CLIENT HAS SAID DISCUSSED MAKING IT A PUBLIC PARK BUT IT WILL BE LAKE FOR RECREATIONAL

USE. >> I HAVE A QUESTION. SO LOOKING AT THE MAP YOU'VE PROVIDED YEAH IT LOOKS LIKE THERE IS ONE HUNDRED FEET BUFFER BETWEEN ANY RESIDENTIAL AREA AND THE FENCE OF YOUR PROPERTY. YES, SIR.

AND THE APPROXIMATE DISTANCE OF THE AREA THAT YOU PROPOSED TO EXCAVATE IS LOOKS LIKE IT'S OVER 200 FEET. 250 FEET FROM THE NEAREST PROPERTY LINE OR SOMETHING LIKE

THAT. >> IT'S IT'S A LITTLE CLOSER BUT IT'S IT'S MORE THAN A HUNDRED FEET BUT IT'S MORE LIKE A HUNDRED AND TWENTY FEET FROM THE CLOSEST PROPERTIES TO THE SOUTH AND THE NORTH AND THEN ON EACH SIDE OF THE PIT. IT'S EASILY DOUBLE THAT.

AND THEN ONCE AGAIN IT'S IT'S A DANCE EXISTING FORCE THAT WAS NOTED IN SEVERAL OF THE STUDIES AND REPORTS WE HAD DONE AND IT WON'T BE VISIBLE FROM ANY OF THE ADJACENT PROPERTIES.

THERE WON'T BE ANY VIBRATORY EQUIPMENT THAT'S GOING TO RATTLE WINDOWS.

THE OPERATION IS TO CONSIST OF AN EXCAVATOR ONE EXCAVATOR, ONE DUMP TRUCK AND ONE LOADER AND HOURS OF OPERATION CURRENTLY ALLOWED BY THE COUNTY OR SIX THIRTY A.M. TO SIX THIRTY PM MONDAY THROUGH SATURDAY. BASICALLY DURING DURING DAYLIGHT HOURS AND THEN WE CAN USE THOSE CAN BE REVIEWED AND ADJUSTED IF IF NEEDED AND JUST FOR MY SEPARATE QUESTION FOR MY

OWN EDUCATION. >> YOUR ENVIRONMENTAL IMPACTS GET COVERED ANY DRAINAGE ANY

EFFECT ON DRAINAGE IN. >> WELL WATER OR ANYTHING LIKE THAT IN THIS LOCAL AREA THERE.

I'M NOT AWARE OF ANY SHALLOW WELLS IN CLOSE PROXIMITY. YOU KNOW ANYTHING FURTHER THAN

[00:15:05]

NO GROUNDWATER IS BEING PUMPED DOWNSTREAM OF US. WE KEEP ALL OUR GROUNDWATER ON SITE. NOW WE ARE ALLOWED TO RELEASE STORMWATER FROM THE SITE BUT THE WAY THE RATE AT WHICH IT IS RELEASED WILL NOT EXCEED THE RATE THAT IT'S RELEASED TODAY.

THERE IS ESSENTIALLY A SIX ACRE BASIN THAT'LL DRAIN TO THAT MINE.

AND WHEN WE RAN OUR CALCULATIONS THAT THAT WAS ANOTHER CONDITION OF FINAL AT THE SRT AS WE REVIEW THE DRAINAGE SO WE RAN OUR CALCULATIONS.

THE LAKE WILL CONTAIN ALL THE RUNOFF THAT FALLS ON IT AS WELL AS A COUPLE ACRES AROUND THE PROPERTY. DID YOU SAY YOUR SEDIMENT POND WILL CONSUME ALL OF YOUR DISCHARGE WATER? YES. IN WHAT'S THE SEDIMENT PARTNERS FEEL? WHEREAS YOUR RUNOFF FROM THE SEDIMENT CONGO WE IF IF ANY RUNOFF DISCHARGE FROM THE MINE CALCULATIONS WE RAN WILL FOR 100 YEAR STORM EVENT BASICALLY THAT MEANS A STORM OF THAT MAGNITUDE WILL OCCUR ONCE EVERY HUNDRED YEARS.

>> IT'S ELEVEN A.M. THE RAINFALL OVER A 24 HOUR PERIOD. SO WE RAN THAT STORM THROUGH OUR SOFTWARE MODELING AND THEY DETERMINED THERE WOULD BE NO STORM WATER LEAVING THE POND.

NOW IN THE EVENT WE HAVE A HURRICANE FOR THE BANK OF THE POUND IS BREACHED.

THE RUNOFF WILL FLOAT TO THE NORTH THROUGH THE INDIAN SPRING SUBDIVISION AND THERE'S AN EXISTING DITCH THAT'S RIGHT ON THE NORTH SIDE OF OUR PROPERTY. AND ESSENTIALLY THAT THAT WATER WOULD FLOW INTO THAT DITCH UNDERNEATH MERRIFIELD ROAD THROUGH THE INDIAN SPRINGS

DETENTION POND AND THEN TO THE TO THE NEW RIVER BEYOND THAT. >> NOW WILL THAT HAVE ANY IN THE EVENT WILL THAT THIS DITCH WE'RE TALKING ABOUT IS THAT A COUNTY DITCH OR IS THAT A

PERSONAL THAT IS OWNED BY THE INDIAN SPRINGS DEVELOPMENT? >> MY CLIENT DID THAT DEVELOPING ABOUT 16 YEARS GO AND HE STILL RESERVES THE RIGHT IN HIS RESTRICTIVE COVENANTS THAT ARE RECORDED AT COUNTY. HE STILL RESERVES THE RIGHT TO TO MANIPULATE THOSE EASEMENTS AND ALLOW RUNOFF TO COME THROUGH. SO WE DON'T ANTICIPATE ANY RUNOFF THROUGH THEIR BUDDY IN THE EVENT SOMETHING YOU KNOW, STATUARY HAPPENS.

>> THERE'S A PLACE FOR IT TO GO . LADIES, GENTLEMEN OF THE ANIMAL

. >> THANK YOU. YES, SIR.

IF YOU IF WE HAVE TIME. MY CLIENT WOULD LIKE TO SAY A COUPLE WORDS ABOUT PROJECT.

AS FAR THANK YOU. HEY, I HAD ABOUT FIVE OR SIX MINUTES THAT I WANTED TO SAY I'D RATHER JUST DO THE AVERAGE VERSION IN THE INTEREST OF EVERYTHING THAT YOU GUYS HAVE

ON THE AGENDA. >> JUST WANTED TO REITERATE THAT I'M A I'M A FIXTURE OF DEFENSE. I'M NOT TRYING TO PROFITEER OFF OF SOME KIND OF PROJECT LEAVE MY ENTIRE LIFE IN BUSINESS HAS TO DO WITH THE FUNKY I'M TRYING TO MAKE THIS ULTIMATELY AT THE END OF THE THREE YEAR PERIOD OF DIGGING INTO A PUBLIC PARK. I'M TRYING TO CREATE A CHARITABLE FUND TO GO BACK TO NON-PROFITS ON THE ISLAND AND I'M MAKING AS MANY CONCESSIONS AS I CAN. LISTENING TO THE PEOPLE THAT ARE VOICING THE CONCERN IT'S OBVIOUSLY A SENSITIVE ISSUE AND IN DOING SO I'D LIKE TO LIMIT THE PROJECT TO THREE YEARS.

I'D LIKE TO LIMIT THE DIGGING TO THREE DAYS A WEEK AND I'D LIKE TO JUST DO NINE TO FIVE.

I HOPE THAT WITH ALL OF THE OTHER STUFF THAT DAVID'S ALREADY DISCUSSED HELPS KIND OF ADDRESS A LOT OF THE CONCERNS THAT YOU GUYS MIGHT HEAR TONIGHT.

YOU SAID IT'S THREE DAYS A WEEK, THREE DAYS A WEEK, NINE TO FIVE THREE YEAR EXPIRATION DATE ON THE ENTIRE PROJECT AND THEN A PUBLIC PARK. I'M SORRY.

THE PROBABLY JUST MONDAY, TUESDAY, WEDNESDAY. I'D LIKE IT TO BE THREE CONSECUTIVE DAYS. I GUESS THIS A FUND THAT TO YOU HAVING THAT?

>> YEAH. PROBLEMATICALLY AWARD TO TWO DIFFERENT NONPROFITS.

AND I THINK THAT THE FIRST KEY HISTORIC FOUNDATION AND PROBABLY THE ISLAND CONSERVANCY I'VE CALCULATED THAT WITH ROUGHLY WHAT WE EXPECT WITH THE GROSS AND THE AMOUNT OF TRUCKLOADS PROBABLY SEVENTY THREE TO SEVENTY FIVE THOUSAND. AND THEY SAID IT'S ONLY ONE DUMP TRUCK THAT'S GOING TO BE OPERATING OUT OF THIS. YEAH.

STEP ONE AT A TIME BUT ONE AT A TIME. >> RIGHT.

NOT JUST ONE DUMP TRUCK ONLY ON SITE. THERE'S ONLY ONE THERE'S ONLY TWO DUMP TRUCKS THAT EXIST ON THE ISLAND. PERIOD.

BUT SO AT THE END OF THIS PROJECT YOU'RE GOING TO DONATE A WHOLE 18 ACRES TO A COMMUNITY

[00:20:05]

SO THERE'S NOT GOING TO WHOLE LOT. PARDON.

THERE'S NOT GOING TO BE A WHOLE LOT OF ROOM TO DO RESIDENTIAL LOTS WHEN THIS IS ALL SAID AND DONE WITH THE AMOUNT OF NATURAL RESOURCE PROTECTION THAT HAS TO BE DEVOTED TO IT.

IT'S APPROXIMATELY BETWEEN THE POND ITSELF AND THE NATIONAL RESOURCE PROTECTION 10 ACRES THAT'S GOING TO BE IN A PERMANENT STATE OF OPEN SPACE SO YOU'RE GOING TO DONATE RIBAUT POURING PARDON? YOU'RE GOING TO DONATE APPROXIMATELY FOUR ACRES? YEAH, I'M GOING TO DONATE THE THE AREA SURROUNDING THE POND THERE NOT MUCH CAN BE DONE WITH IT AFTER THIS ANYWAY I'D RATHER WE JUST HAVE A PARK THAT'S AVAILABLE.

IT REALLY FILLS A NEED. WE'VE GOT A LOT OF DIFFERENT PROJECTS COMING UP FOR THE FIRST IN TERMS OF FIXING SOME OF THE ROADS WE'RE ON A FIVE YEAR ROAD PLAN WITH COUNTY.

CURRENTLY THERE IS NO SAND MINE OR SOURCE OF FILTERS ON THE ISLAND.

I PERSONALLY BELIEVE THAT BARGING FILTER OVER THE ISLAND IS ONE OF THE WORST THINGS WE CAN DO ENVIRONMENTALLY AND JUST FROM JOB'S PERSPECTIVE. AND I'D LIKE TO KEEP THE JOBS ON THE ISLAND. WHAT ABOUT THE EXISTING DIRT ROAD? YOU'RE GONNA BE TRAVELING UP AND DOWN WITH THE MAJORITY OF THE NEED FOR IT RIGHT NOW IS GOING TO ACTUALLY BE TAKING A LEFT OUT OF THE PROPOSED SITE WHICH IS GOING TO FOLLOW ONLY THE HAIG POINT ROAD WHICH IS PAVED. IT'LL GO WITHIN HEY IT'LL GO WITHIN SOME AREAS OF MELROSE. THOSE ARE THE IMMEDIATE PROJECTS AND THEN WHEN THE DIRT ROAD THE COUNTY DIRT ROAD ISSUE COMES UP IN ABOUT TWO YEARS, THAT'S WHEN THEY'LL GO DIRECTLY TO WHATEVER ROAD THEY DECIDE TO FIX. RIGHT NOW WE HAVE A HUGE ISSUE WITH WASHOUTS AND THINGS LIKE THAT. SO TRYING TO KIND OF ANTICIPATE WHAT THE NEED IS AND WHERE WE CAN FILL THAT NEED. NO ONE HAS STEPPED UP TO THE PLATE IN TERMS OF PROPOSING A PORN PROJECT OR BORROW PIT SO I'M JUST TRYING TO BE COGNIZANT THAT HOW HAVE THEY BEEN SATISFYING THE DEMAND FOR DIRT ON THE HUSKY?

>> IT'S BEEN ONE THAT'S COME OUT OF OAKRIDGE. IT'S BEEN A BARRA PIT THERE.

IT PROBABLY HAS IT IF IT'S GOT ANYTHING LEFT IT'S MAYBE A MONTH OR SO LEFT.

THIS IS THE THAT'S THAT'S WHY IT'S BEEN KIND OF PERSONALLY FRUSTRATING.

WE TRY TO GET ON THE AGENDA BEFORE BUT EVERYTHING WITH CORONA VIRUS THERE THERE'S MAYBE LIKE A MONTH WORTH OF FILTER LEFT. THERE'S THE PROJECTS THAT ARE PENDING. THERE'S NOT ENOUGH CURRENTLY ON THE ISLAND.

SO WE'RE TALKING ABOUT WE'RE GOING TO HAVE THE LARGE DIRT OVER SOON IF WE DON'T HAVE A SOURCE FOR IT. AND AGAIN I UNDERSTAND THE THE ISSUE SURROUNDING THE HISTORIC SITES THINGS LIKE THAT, THE CHARACTER OF THE ISLAND. THE FACT THE MATTER IS THERE THERE BEEN 40 MANMADE PONDS DOG ON THE FACE KEYS EVEN SINCE IT WAS DEDICATED A HISTORIC PLACE THERE'S BEEN NINE OR SO THEY'VE BEEN DUG IN THE HISTORIC DISTRICT.

THEY'VE ALL GONE FOR DIFFERENT INFRASTRUCTURE PROJECTS. SO ABSENT ANOTHER SOLUTION, I CAN'T THINK OF SOMETHING TO DO. I MEAN WE CAN'T HAVE THESE DANGEROUS ROADS.

WE CAN'T HAVE SEA WALLS COLLAPSING. IT'S IMPORTANT IN MY OPINION.

MORE QUESTIONS. OK, THANKS HERE FROM LEE COUNTY ,MR. CHAIRMAN AND BOARD MEMBERS FIRST I ASKED YOU TO DO IS MOVE YOUR MICROPHONES CLOSER TO YOUR FACE FOR US PLEASE.

WE'RE HAVING NO DIFFICULTY WITH THE SETUP THIS EVENING. THAT'S A UNIQUE SETUP AT BEST AND WE NEED THOSE MICROPHONES AS CLOSE TO YOUR FACE AS POSSIBLE SO THAT WE CAN PICK UP THINGS AS CLEARLY AS WE POSSIBLY CAN. WE ARE LIKELY VERY LIKELY TO NEED THE YES RECORDING LATER AFTER THIS MEETING. SO I ASK THAT YOU ACCOMMODATE US AND GET THOSE MICROPHONES ABOUT AS FAR AWAY FROM YOUR FACE IF YOU COULD PLEASE.

THANK YOU VERY MUCH. THESE TYPES OF ISSUES AS A PLANNER AND AS A DIRECTOR PLANNING ARE VERY DIFFICULT BECAUSE STAFF HAS TO MAKE A RECOMMENDATION AND MINE'S ARE TYPICALLY ONE OF THOSE USAGES THAT GETS A NEEDED ISSUE AND A LOT OF AREAS OF THE COUNTY WERE IN THE LOW COUNTRY. I'VE DEALT WITH DIRT MINING AND MINING OPERATIONS MINING

[00:25:02]

IT'S BASICALLY A BALANCE AGAIN EVERYTHING. IF YOU HEAR ME SPEAK TO YOU TO TWO PEOPLE OFTEN YOU WILL HEAR ME TALK ABOUT PLANNING AND LAND USE AND ZONING BEGAN A

BALANCING ACT. >> SUE, IF YOU'RE GOING TO HAVE CONSTRUCTION AND LOW COUNTRY YOU'RE BASICALLY GOING TO TIME TO TIME THE DIRT IN ORDER TO BUILD THOSE PROJECTS AND WE KNOW THAT OUR AREA IS A GROWING AREA THAT WOULD ALSO APPLY TO THE ISLAND.

SO AT SOME TIMES THE ISLAND MAY NEED TO MIND DIRT FOR PROJECTS ON THE ISLAND.

>> YOU CAN EITHER PUT THE MINE ON THE ISLAND OR YOU CAN BRING THAT DIRT IN FROM AN OFF SITE SOURCE AND TO THE ISLAND. SO AGAIN, IT'S BASICALLY A BALANCING ACT.

STAFF RECOMMENDED APPROVAL OF THE REQUEST TO EVENING BECAUSE THEY MET ALL THE REQUIREMENTS FOR THE COMMUNITY DEVELOPMENT CODE FOR THE ISSUES TO BE APPROPRIATE.

HOWEVER, WE WOULD RECOMMEND THAT WE DO UNDERSTAND THAT THE ISLAND IS A HISTORIC DISTRICT WE WOULD RECOMMEND EVEN THOUGH IT'S NOT REQUIRED THAT IF YOU'RE INCLINED TO APPROVE THIS REQUEST TONIGHT THAT YOU IMPOSE AN ADDITIONAL CONDITION IN ADDITION TO THE ONES LISTED IN OUR ANALYSIS THAT WE MIGHT HAVE TO GO BEFORE THE HISTORIC REVIEW BOARD FOR CONSIDERATION TO MAKE SURE THAT THIS ACTIVITY IS NOT INTERFERING WITH ANYTHING THAT IS OF HISTORICAL SIGNIFICANCE WITHIN THE DISTRICT. AND AT ALL HISTORIC RESOURCES AND CULTURAL RESOURCES ON THE ISLAND ARE BEING ADEQUATELY PROTECTS.

THAT'S ALL I HAVE TO SAY THIS EVENING. I AGREE WITH YOU.

OUR STAFF REPORTED ON THE REASONS FOR THOSE ITEMS IN THERE AND THEY REQUIRE BONDING THAT IS REQUIRED FOR RATE REPAIRS AND THINGS LIKE THAT AND WE WILL ENFORCE THOSE WANTS TO CLOSE OUT OF THOSE AND THE APPLICANT HAS AGREED ON THAT. SO THAT'S ALL I HAVE AN I HAVE

ANY QUESTIONS FOR ME. >> MR. CHAIRMAN, IT WAS AGREED LATER I ASKED MR. CARR LOOK ABOUT IT AND HIS PLAN BECAUSE AS I READ THE COMMUNITY DEVELOPMENT TO SECOND POINT ONE 160 A C 5 C C REQUIRES AN END USE PLAN AT THE TIME IN THE HOUSE ESPECIALLY USED FROM AN APPLICATION TO SUBMIT IT ALSO REQUIRES AN OPERATIONS PLAN, THE FINAL EXCAVATION PLAN AND THERE'S GOING TO BE WATER RELATED AND I DON'T SEE ANY OF THAT IN THE APPLICATION AND I'M

NOT SURE HOW I'M ABLE TO ACT ON AN INCOMPLETE APPLICATION. >> I DON'T THINK THE APPLICATION COMPLETED. I THINK ALL OF THAT INFORMATION WAS GIVEN TO US.

TYPICALLY IN USE PLANS FOR MINING OPERATIONS THEY MAY NOT KNOW THEIR FINAL GRADES OR ELEVATIONS AT THE TIME THEY SUBMIT FOR THE PERMIT. I UNDERSTAND THAT MIGHT BE A REQUIREMENT OF THE CODE BUT IT MAY NOT BE A REQUIREMENT OF THE CODE THAT CAN BE MET AT THAT TIME. SO THEY DO IT IN EACH PLAN THEY TELL US WHAT THE END USE WILL ULTIMATELY BE FOR THE PROPERTY AND THAT'S A REQUIREMENT ALSO OF STATE LAW.

>> BUT IF MR. CARLEY DID NOT ADEQUATELY ADDRESS THAT I WAS BUSY WORKING WITH THE FIRST GUY ALLEN FOLKS ON THE ISLAND. I DO NOT KNOW WHAT HIS ANSWER WAS BUT MY STAFF IS TELLING ME THAT WE DO HAVE AN IN USE PLAN AND I'LL LET MISS ALSTON COME UP AND ADDRESS THAT.

WELL I MEAN I'D LIKE AN OPPORTUNITY TO REVIEW ALL THE ASSETS TO BE PART OF THE

ESPECIALLY USED FIRM OF APPLICATION. >> THIS IS A PART THAT'S FIVE

ACRES OR LESS. >> SO BE IS FOR A POND THAT'S FIVE ACRES OR LESS.

>> IT STOPS AT SIX SPECIFIC PROJECTS GREATER THAN FIVE ACRES.

THAT'S WHERE WE GET ALL THE EXTRA STUFF. THE END USE PLAN BUT WE DO ASKS FOR AN END USE PLAN AND THAT WILL BE A PART OF THE FINAL REVIEW.

AND HE JUST STATED IT'S GOING TO BE RECREATION WHICH IS ONE OF THE USES THAT THE END USER LAND CAN BE. SO THE FIVE ACRES GOES TO THE SIZE OF THE EXCAVATION ITSELF

AND NOT TO THE SIZE OF THE ENTIRE HOG AS YOU LOOK AT IRAQ. >> OK.

THANK YOU. THE QUESTIONS. THANK YOU, MR. GRAY.

>> THANK YOU ALL. BUT SINCE WHEN WAS THE GREENWOOD? I WOULD RECOMMEND THAT YOU TAKE THE FOLKS YOU HAVE FOLKS IN THE ROOM HERE TO SPEAK TO THIS ITEM AND THEN WE WILL DEAL WITH THE ARE THE FOLKS THAT ARE JOINING US VIA WELBECK.

SO MASSIVE AT THIS TIME WE'RE GOING TO OPEN TO OUR PUBLIC COMMENT FOR THE FIRST Q MY BEAR

WITH ME. >> I HAVE A WAY OF RE MODIFYING SOME NAMES HERE.

SO THE FIRST ON THE PUBLIC COMMENT IS MR. JOHN SCARDINO STRONG.

[00:30:16]

I WILL GIVE YOU ANOTHER COPY. >> WE HAVE A COPY. EVERYBODY'S GOT THAT? YES. YES. YES.

THIS IS A RESOLUTION THAT WAS PASSED BY THE FIRST COUNCIL. >> I'VE BEEN ON THE COUNCIL FOR ELEVEN YEARS. I'VE NEVER SEEN A RESOLUTION GET PASSED THIS QUICKLY THIS UNANIMOUSLY UNANIMOUSLY. I'M ONE PROJECT AS THIS HAS. WE ARE STRONGLY AGAINST THIS PROJECT. THIS PROJECT IS ANY RESIDENTS AREA AND GIVE YOU A PERSPECTIVE OF THE SIZE THIS PROJECT THIS PROJECT IS FOR ACRES OF THREE POINT NINE ACRES OF A LAKE THAT IS FOR COMPLETE FOOTBALL FIELDS . ONE HUNDRED YARDS WIDE 53 YARDS WIDE IS A FOOTBALL FIELD. IT IS GONNA BE FOUR OF THOSE THIS STADIUM UP TO THAT WHITE RAMP UP THERE THAT'S TWENTY THREE FEET THERE. THIRTY FOUR CINDER BLOCKS EIGHT INCHES THAT'S TWENTY FEET THREE TWENTY THREE FEET DEEP. THAT'S HOW DEEP THIS LAKE IS GONNA BE. FOUR EGG FOUR FOOTBALL FIELDS. THIS TEAM IS HUGE.

>> WHEN YOU SAY DEEP YOU'RE NOT TALKING ABOUT DEPTH. >> YEAH.

YES. IT'S GOING TO BE THE SIZE THE OVERALL SIZE OF FOUR FOOTBALL FIELDS FOR COMPLETE FOOTBALL FIELDS AND THE DEPTH OF IT IS GOING TO BE FROM THIS FLOOR TO

THAT CEILING. >> YEAH. >> ACCORDING TO THE SITE PLANS THAT THE TOP OF THE BANK OF THE EXCAVATION PIT IS 18 FEET IN THE BOTTOM OF IT IT'S SIX FEET . SO THAT'S A DEPTH OF TRIAL. WE WERE TOLD 22 FEET OR GROUND WATER GROUNDWATER OVER THERE IS 22 FEET. WELL, THE PLANS WE HAVE BEFORE SHOWED ADEPT AT 12 FEET FROM HERE. I WAS ALSO IN MY PAST LIFE IN THE CARIBBEAN A CO-OWNER OF THE SAME MINING COMPANY WE DISTRIBUTED SAND AND STONE THROUGHOUT THE CARIBBEAN FROM DOMINIQUE ANTIGUA BY BUTTE. SO I AM FAMILIAR WITH SAND MINING BUSINESS. IT'S VERY LOUD. IT'S VERY DISTURBING.

IT DOES NOT BELONG IN A RESIDENTIAL AREA. WE'RE NOT AGAINST MR. SCOTT'S BUSINESS BUT WE ARE AGAINST THE LOCATION OF THE BUSINESS. IT'S ALSO YARDS AWAY FROM A HISTORIC CEMETERY WHOSE PEOPLE HAVE BEEN THERE FOR 200 YEARS. SOME PEOPLE GOT THERE LAST YEAR . THIS IS NOT THE AREA FOR A COMMERCIAL PROJECT OR REZONED INDUSTRIAL PROJECT. YES, THIS IS. THESE TRUCKS ARE COMING OUT ON THE ROAD SEVERAL YEARS AGO WHEN WE HAD A HURRICANE. FEMA CAME OVER TO THE FIRST WHEN I WAS CHAIRMAN OF THE RULES COMMITTEE. I HAD TO PUT UP WITH THE DESTRUCTION OF THE ROADS BY THE HEAVY EQUIPMENT. OUR ROADS ARE NOT BUILT FOR THIS KIND OF STUFF. IT GOES CONTRARY TO THE DEVELOPMENT OF THE.

WE ARE A SMALL COMMUNITY. OUR LIVELIHOOD IS IS ESTABLISHED DAY TOURS.

REASON WHY PEOPLE LIVE OVER THERE AND COME TO VISIT. THE FIRST THING IS BECAUSE WE HAVE ROADS QUAINT QUIET. THIS IS NOT A QUAINT QUIET INDUSTRIAL OPERATION TO HAVE ON THE IS JUST NOT THE PLACE TO BE. THANK YOU.

THANK YOU. ANY QUESTION YOU SAID MR. SIR. >> YOU SAID THAT IT'S THE PROPOSED EXCAVATION IS WITHIN A FEW YARDS OF A CEMETERY HISTORIC CEMETERY.

YES, I THINK IT'S CALLED THE MARY DUNNE CEMETERY IS LESS THAN A YARDS AWAY.

NINE HUNDRED FOUR FEET FROM THE CEMETERY. >> THANK YOU, MR. CHAIRMAN.

[00:35:04]

>> I DON'T KNOW IF THERE'S ANYTHING WE CAN DO ABOUT IT, BUT I HAVE TO ADMIT I'M HAVING A VERY DIFFICULT TIME UNDERSTANDING WHAT PEOPLE ARE SAYING BECAUSE OF THE ECHO IN THIS ROOM. YEAH. AND I WAS GOING TO JUST ASK THEM IF THEY COULD PROBABLY TURN BECAUSE IT SEEMED LIKE HIS BOATS AND OFFERED UP THAT WALL.

SO I DON'T KNOW IF HE'S TURNING ONE IN OR SPEAKERS A SO IT COULD FACE US WOULD HELP OR NOT BECAUSE I AM HAVING A DIFFICULT TIME UNDERSTANDING AND THEN I'M HERE IN A HIGH AIRPORT AS WELL

. >> YEAH I'M GETTING FEEDBACK A LOT OF HIGHS AND TESTING ONE TWO AS WELL BECAUSE I'M INTIMATE BUT THOSE WHO SPEAK ABOUT THIS A LOT OF HIGHS AND TESTING TESTING ONE TWO TESTING GOING TO WHAT THOSE ARE THAT THAT ARE DOING PUBLIC COMMENT YOU WOULD HAVE TO REALLY SPEAK TO TO MAKE SO NEXT ON THE PUBLIC IS QUEEN EVEN ON BOARD

MEMBERS AND WHAT THEY. >> I WANT TO GET YOU TO MEET YOU GOT TO GET A LITTLE COLLIDED FEEDBACK. I WON'T GET TOO CLOSE. THE LINE WENT WRONG.

I THINK PEOPLE UP, YOU KNOW, MASS INCLUDING ON OR GET IT A GO PUT IT ALL RIGHT.

OKAY PLEASE. YEAH. SO NOW I'M PLEASED TO BE HERE THIS EVENING TO ACTUALLY PRESENT TO YOU THIS SET OF SIGNATURES.

THERE ARE THREE THOUSAND PLUS SIGNATURES HERE IN OPPOSITION TO THIS REQUEST TONIGHT FOR

SAND MINING ON THE FIRST SKI. >> I SAT HERE AND LISTENED TO THE PRESENTATION.

I FINALLY HAD AN OPPORTUNITY TO SEE THE MAP AS IT GOT TURNED AROUND AND ONE OF THE MAJOR DISCREPANCIES THAT I SEE IS THAT ON THAT MAP. AND WHAT WAS STATED AT THE MIKE WAS THAT THE CULTURAL RESOURCES THERE WOULD BE THERE ON NO CULTURAL RESOURCES OF SIGNIFICANCE THAT WOULD BE IMPACTED. THE EASIEST WORDS FOR ME TO SAY RIGHT NOW IS THAT I'M OFFENDED BECAUSE I ACHIEVED THIS AND HAD TO STAY FOR THE GULLAH GEECHEE NATION. THE ENTIRE ISLAND IS A GULLAH GEECHEE SEA ISLAND.

SO THE FEDERAL GOVERNMENT HAS RECOGNIZED THIS AS CULTURALLY SIGNIFICANT.

I HAVE NO IDEA WHO NOW WORKS WITH THIS SHIP OFFICE THAT COULD SAY THAT DOING ANYTHING TO DISTURB THE EARTH ITSELF. OH, THE HUSKY ISLAND WOULD NOT HAVE AN IMPACT CULTURALLY IT HAS HAD THAT IMPACT. THAT'S WHY I WAS CONTACTED FROM NATIVE GULLAH GEECHEE AND OTHERS WHO NOW LIVE ON THE PLUS TO SAY WOULD YOU GO TO THE MEETING? I SOME ALREADY GO INTO THEM WE WERE GOING ON WITH. THEY SAID BECAUSE THEY WANT DIG A DIG AGAIN AND THAT SAME DIG OUT THREE POINT NINE ACRES THAT IS OF MAJOR CONCERN TO US.

IT'S A MAJOR CONCERN TO ME INDIVIDUALLY BECAUSE I DON'T KNOW IF ALL OF YOU SAW THIS ARTICLE I SAW YESTERDAY. BUT BEFORE COUNTY RANKS NUMBER ONE IN THE US CLIMATE CHANGE RISK. AND SO TO NOW TRY TO SAY THAT THIS SYSTEM THAT WOULD OPERATE IN THE EVENT OF A HURRICANE IS BASED ON 100 YEAR FLOODING. WE KNOW SCIENCE PERFECTLY.

THAT HUNDRED YEAR MEASUREMENTS NO LONGER ARE WORTHWHILE DUE TO CLIMATE CHANGE.

WE ARE READY IN A COUNTY THAT SEA LEVEL RISE IS HAVING MASSIVE IMPACTS THAT ARE CAUSING ENOUGH ISSUES WITH WATER OVERFLOWING IN PLACES SO MUCH LESS TO HAVE WATER OVERFLOW IN THE CENTER OR NEAR OTHER PEOPLE'S HOMES ON THE AND AND NOT REALLY TO US IT

JUST DOWN THE ROAD. >> FOR YOU TO GET TO THE BURIAL AREA WHICH IS SACRED GROUND HOLLOWED OUT THAT'S THE ONLY PLACE WE WANT FOLKS DIGGING ON THE FLOORS.

AND SO THE PEOPLE TOOK THE TIME IN ONE WEEK THIS PETITION WENT FROM ONE HUNDRED AND FIFTY

[00:40:03]

GOD PUT IT AND NOT LET DUG OUT BY BULLDOZERS. >> YOU CAN GIVE IT TO HILLARY.

HILLARY SQUID. >> WHAT WAS THAT AREA YOU SAID THAT I THINK HE WAS ALLUDING TO

HERE IT COULD BE DUG OVER THERE. >> WHAT I WAS SAYING WAS WHERE HE'S DIGGING HE WAS SAYING THERE IS A DISCREPANCY IN TERMS OF WHERE THE COMMUNITY SAYS THE BURIAL AREA IS HOW FAR AWAY IT IS FROM THIS SITE VERSUS WHAT THE GENTLEMAN JUST STATED, HOW FAR IT IS FROM THAT SITE. SO I'M SAYING THAT IS ONE PLACE OF HISTORIC RELEVANCE THAT'S NOT FAR FROM IT. BUT I'M SAYING THAT WHEN YOU LOOK ON THE NATIONAL REGISTER OF HISTORIC PLACES, ALL OF THE FUSS IS HISTORIC. IT'S NOT ONE ZONE THAT IS HISTORIC. THE GULLAH GEECHEE RESOURCES THROUGHOUT THE ENTIRE ISLAND.

IT'S NOT IN ANY ONE SPOT AS INDICATED ON THE MAPPING THAT I SEE THERE.

>> SO TO SAY THAT THE STATEMENT WAS MADE NO RESOURCES OF CULTURAL SIGNIFICANCE WAS FOUND ON THE ISLAND AND THEY'VE BEEN GIVEN PERMITS BASED ON THAT ALREADY.

>> I DON'T SEE WHO COULD HAVE SAID THAT BECAUSE WE ARE PART GULLAH GEECHEE CULTURAL HERITAGE CORRIDOR WHICH IS ESTABLISHED BY U.S. CONGRESS WAS SIGNED INTO LAW 2006 BY THEN PRESIDENT GEORGE BUSH. SO THIS ENTIRE COUNTY IS WITHIN THAT.

BUT THE FUSCA ITSELF HAS GULLAH GEECHEE CULTURE THROUGHOUT THAT ISLAND EVEN IF THE PEOPLE HAVE MOVED OFF TO OTHER PLACES OR COME BACK AND FORTH. SO YOU CAN'T JUST SAY THERE'S NO CULTURAL SIGNIFICANCE THERE. I THINK THAT THAT IS INACCURATE TO STATE THAT.

AND I THINK THAT ANYBODY SHIP OFFICE THAT WROTE THAT THEY NEED TO GO BACK AND DO SOME FURTHER INVESTIGATION. AND SO IF WE'RE BASING THIS ON SOMEONE SAYING WELL, SINCE THERE IS NOTHING OF SIGNIFICANCE THERE, WE CAN DIG THERE.

THAT'S UNACCEPTABLE. AND THEN WE'RE NOT THAT FAR AWAY FROM A BURIAL AREA WHICH REALLY IS A MAJOR ISSUE. WE'VE HAD TO FIGHT FROM PEOPLE BUILDING OVER THAT BEFORE.

SO NOW YOU HAVE THIS NEAR PEOPLE'S HOMES WHERE THIS CAN BE AN OPEN PIT THAT'S GOING TO BE LEFT IN THREE YEARS. YOU STOP DIGGING. BUT HOW MANY YEARS WILL THE ISLAND LACKS WHEN WE HAVE SEA LEVEL RISE ALREADY HAPPENING IF WE ALSO HAVE ALL THIS CONTINUOUS DIGGING THERE? SO I THINK THAT YOU ALL NEED TO REALLY SERIOUSLY WEIGH THAT AND WEIGH THE VALUE OF OUR CULTURE AND THE VALUE THAT CULTURE HAS NOT ONLY TO THOSE WHO DIVINIA BUT OUT AMONG COMMUNAL FOR SEE WHAT WE LOST. SO HOW DO WE CONTINUE TO HAVE THE VALUE OF WHAT IS VALUABLE TO EVEN THE TOURISTS IF WE START DIGGING IT OUT? THE LAND HAS MORE VALUE LIKE IT IS THEN IT WILL IN THREE YEARS AFTER IT'S DUG OUT.

AND I JUST THINK THAT WE REALLY NEED TO TAKE A SERIOUS LOOK AT THE WORDS THAT ARE BEING USED IN TERMS TRYING TO PUSH THIS PROJECT FORWARD. THANK YOU.

ANY QUESTIONS? I'M NOT USED TO PUBLIC COMMENT BEING WHERE I GET QUESTIONS BUT I'LL GO AHEAD AND READ AND I CAN CORRECT WHAT HE'D LIKE TO SHOW ALL THE WAY.

>> I CAN'T SPEAK YOUR LANGUAGE. THERE'S NO PROBLEM GOING GOOD. YES, MA'AM.

>> I HAVE ONE QUESTION THE GENTLEMAN BEFORE YOU MENTION MOVING IT SOMEWHERE ELSE ON THE ISLAND. IS THERE ANYWHERE ON THERE THAT YOU WOULD SUGGEST THAT WOULD BE OK? WELL, THIS I DON'T KNOW YOUR NAME IF THERE WAS JASON.

>> OK. >> OK. CASEY SHOWED ME A MAP THAT HAS ALREADY PLACES THAT HAVE BEEN DUG OUT. WHY CAN'T THIS PROJECT BE WHERE DIG ALREADY WAS? WHY DIG YET ANOTHER PLACE? I THOUGHT I HEARD THAT I KNOW I HAD SLEPT BACK. I HAD THOUGHT CASEY SAID 40 40. DID YOU SAY MANMADE?

[00:45:02]

BUT IF WE'RE GOING TO DO IT, WHY WOULDN'T YOU DO IT IN ALREADY AN EXISTING AREA FOR THAT? SOMETHING OF THAT NATURE INSTEAD OF THIS AREA THAT'S GOING TO NOW HAMPER THE QUALITY OF LIFE OF THE PEOPLE THAT LIVE THERE.

AND THEN FOR THE PEOPLE WHO RETURN BACK AND FORTH, THE NATIVE GULLAH GEECHEE SOME STILL HAVE THEIR HOMES THERE THAT THEY'RE NOT THERE EVERY DAY.

BUT THAT'S BECAUSE OF THE FACT THAT THERE'S NO BRIDGE. RIGHT.

SO MANY OF THEM GO AND THEY WORK IN PLACES DURING THE WEEK AND THEY COME THERE ON THE WEEKENDS. AND SO WHY WOULD THEY HAVE TO DEAL WITH OH NOW I'VE GOT TO NAVIGATE AROUND ANOTHER HOLE THAT'S IN A SIGNIFICANT LOCATION.

>> SO THAT'S WHY I'M SAYING IF YOU TALK TO YOUR QUESTION, I WOULD SAY YOU ALREADY HAVE 40 YOU GOT 40 OPTIONS. WHY MAKE A 44 HOLE? YES, IF THAT'S THE CASE THEN.

>> ARE YOU SAYING THAT THOSE OTHER 40 SITES ARE LESS SIGNIFICANT THAN WHERE HE WAS?

>> ABSOLUTELY NOT. I'M NOT WHAT I'M ANSWERING HER QUESTION.

SHE WAS SAYING IS THERE ANY PLACE ELSE? MY THING IS IF THIS IS TRUE THAT HIS NUMBER IS ACCURATE BECAUSE I'M A MATHEMATICIAN BY DEGREES I DON'T HAVE THE DATA TO PROVE WHAT HE'S SAYING. BUT IF IF THERE ARE 40 ALREADY IN EXISTENCE, WHAT IS THE PURPOSE OF THE FORTY FIRST ONE? WHY ARE WE DOING IT AT ALL? THAT'S REALLY MY STATE.

BUT JUST TO ANSWER HER QUESTION THAT IF YOU WERE GOING TO DO IT ANYWAY REGARDING WHAT ME OR ANYBODY ELSE IN HERE SAYS, WHY WOULD YOU ALLOW A NEW ONE IF YOU ALREADY HAVE OLD PLACES? THIS IS SIMILAR TO THE SITUATION WE'RE CONTINUING TO HAVE OTHER GATED AREAS AND THEY GO BANKRUPT AND THEN NOT REQUIRING SOMEBODY TO DO ADAPTIVE REUSE OF THAT BANKRUPT PLACE. BUT YOU'D LET SOME I BUILD A WHOLE NEW PLACE IN SOME PLACES EMPTY. WHY NOT USE THE PLACE THAT'S EMPTY INSTEAD OF BUILD SOMETHING NEW? SO WHY BRING MORE ENVIRONMENTAL IMPACT THAT'S NEGATIVE.

WE'RE NOT GOING TO REVERSE THAT HOLE AND NOW WE ALSO HAVE SEA LEVEL RISE COMPOUNDING HURRICANES IN A HURRICANE ZONE AND THEN THE VARIOUS OTHER THINGS THAT ARE HAPPENING WITH ISLANDS NATURAL. SO WHY WOULD WE DIG YET ANOTHER HOLE THERE AND ALL IS.

>> BUT I JUST WANT TO RESPOND TO YOUR QUESTION. YES.

WE GOING DOWN THE LINE YOU KNOW . THANK YOU.

THANK YOU, SIR. MR. LESLIE LENHART. >> THANK YOU, MR. CHAIRMAN.

MEMBERS OF THE BOARD. MY NAME IS LESLIE LEONHART. I AM WITH THE SOUTH CAROLINA ENVIRONMENTAL LAW PROJECT. I'M AN ATTORNEY WITH THEM AND I AM PROVIDING COMMENTS TO YOU IN OPPOSITION TO THIS MINE ON BEHALF OF THE COASTAL CONSERVATION LEAGUE.

I'M GOING TO JUST OUTLINE A FEW OF THE TECHNICAL PROBLEMS THAT WE SEE WITH THIS APPLICATION.

>> FIRST OF ALL, BOTH THE STAFF REVIEW FORM AND THE SITE DEVELOPMENT PLAN STATE THAT DEEPWATER IS TO BE CONDUCTED ON SITE BUT D HECK HAS NOT ISSUED ANY PERMIT FOR DEEP WATERING ON SITE. THE ONLY DIRECT PERMIT THEY'VE GOTTEN IS A MINE PERMIT AND THEN STORM WATER PERMIT. WE BELIEVE THAT THEY HAVE NOT GOTTEN THE CORRECT DIRECT PERMIT. AND AS YOU ALL ARE VERY WELL AWARE THE APPLICANT IN ORDER TO RECEIVE A SPECIAL USE PERMIT MUST RECEIVE ALL APPROPRIATE DIRECT PERMITS.

FURTHERMORE ON THEIR STORMWATER PLANS AT THE DISCHARGE RECEIVING WATER BODY THAT IS LISTED IS RAM SEAN CREEK RAM SEAN CWIEK CREEK IS A CLASSIFIED WATER CLASSIFIED AS ELIGIBLE FOR SHELLFISH HARVESTING AND A NEARBY PORTION OF THE COOPER RIVER WHICH IS ADJACENT TO AND RUNS INTO CONNECTED TRASH BORN IS IN OUTSTATE ENDING RESOURCE WATER AND D HECK HAS NOT BEEN ABLE TO EVALUATE THE IMPACT OF THIS DISCHARGE OR ANY DISCHARGES ON

[00:50:02]

THE OPERATION OF THE MINE. >> WELL WE BELIEVE THAT THEY HAVE NOT.

WE DID YOU DID YOU APPEAL TO THOSE PERMIT YOU'D BE A LITTLE LEAGUE DID NOT APPEAL THAT THE

PERMIT. >> WELL, IT SEEMS THAT THAT FORCES LEFT THE BARN.

WELL, WE HAVE REACHED OUT TO DEHART AND THEY. THE STAFF WAS ACTUALLY COULD NOT GIVE US A GOOD ANSWER AS TO WHY THEY GOT THE PERMIT THEY GOT AND NOT ANOTHER PERMIT.

WE'RE WE'RE TAKING THE POSITION THAT THEY DID NOT GET THE CORRECT PERMIT AND THEREFORE IT'S NOT APPROPRIATE FOR YOU TO ISSUE THE SPECIAL USE PERMIT UNTIL THAT CONFLICT IS RESOLVED

FURTHER. >> THE SPECIAL USE PERMIT STANDARD THAT YOU MUST CONSIDER REQUIRE THAT THE APPLICANT DEMONSTRATE THAT THE PROPOSAL IS COMPATIBLE WITH THE CHARACTER OF THIS AREA. THEY HAVE NOT DEMONSTRATED THAT WE BELIEVE IT IS ENTIRELY INCOMPATIBLE. AS WE MENTIONED THIS IS A VERY IMPORTANT CULTURAL SITE.

THERE ARE PLENTY AND MANY, MANY CITIZENS WHO LIVE ON TO FUSCA WHO ARE EXTREMELY UPSET ABOUT THIS PROJECT AND I'M SURE YOU'LL HEAR FROM THEM. BUT THIS WOULD BE THE ONLY SAND MINE ON THE FUNKY ISLAND. THERE'S NEVER BEEN ANOTHER PERMITTED SAND MINE AND IT'S COMPLETELY INCOMPATIBLE. THE ALSO THE APPLICATION OR ESPECIALLY USE PERMIT REQUIRES AN ENGINEERING REPORT FOR DISTURBANCE GREATER THAN TEN THOUSAND SQUARE FEET AND WE DON'T BELIEVE THAT WAS INCLUDED . AND WITH REGARD TO THE HISTORIC PRESERVATION BOARD WE CERTAINLY CONCUR WITH MR. GREEN WAYS HIS SUGGESTION THAT THIS BE REVIEWED WE BELIEVE IT'S ESSENTIAL THAT THE PROJECT BE REVIEWED BY THE HISTORIC PRESERVATION BOARD BUT WE WOULD RECOMMEND THAT YOU SEND THIS BACK TO THE PRESERVATION BOARD PRIOR TO MAKING A DECISION ON THIS SO THAT IT'S NOT JUST A WROTE CURSORY SYMBOLIC REVIEW.

IT'S TRULY IS A NATIONAL. ON THE ENTIRE ISLAND IS ON THE NATIONAL REGISTER OF HISTORIC PLACES AND IT'S ESSENTIAL THAT THE BOARD THE PRESERVATION BOARD TAKE VERY HARD LOOK AT THIS. THANK YOU. IS THERE A REQUIREMENT IN THE CODE THAT THIS BE REVIEWED BY THE HISTORIC PRESERVATION BOARD, THE STARK PRESERVATION BOARD MUST REVIEW ANY IMPACTS TO HISTORIC SITES AND THE ENTIRE ISLAND OF THE FIRST KEY

IS A HISTORIC IS IS A HISTORIC SITE ON THE NATIONAL REGISTER. >> IS IT? MR. GREENWAY IS THE IT IS NOT OUR POSITION BUT WE ARE RECOMMENDING IT DUE TO THE

YOUTH AND UNIQUENESS OF THIS SITUATION. >> TABLE WITH THE HISTORIC REVIEW BOARD GETS INVOLVED IN ALTERATIONS, REPAIRS, RECONSTRUCTION RESTORATION PROJECTS, VERTICAL STRUCTURES. THIS IS NOT GOING TO HAVE A VERTICAL CONSTRUCTION.

SO WE DID AN ARCHEOLOGICAL REVIEW AT THE STAFF LEVEL, DID AN ARCHEOLOGICAL REPORT AND DETERMINED THAT THE MOUND WOULD NOT INTERFERE WITH ANY ARCHEOLOGICAL SITES AS INDICATED BY THE STATE OFFICE OF RECORDS AND ARCHIVES. SO WE FEEL CONFIDENT THAT THAT'S THE CASE. AND EVEN IF THERE WAS SOME IMPACT, THE HISTORIC REVIEW BOARDS POSITION AND ROLE IN THE MATTER WOULD BE TO RECOMMEND OPTIONS OR MAKE RECOMMENDATIONS FOR MITIGATING THOSE IMPACTS NOT TO ISSUE A DOUBT AN OUTRIGHT DENIAL OR APPROVAL IF

THAT MAKES SENSE. >> IF I RECALL MR. CARLIN SAID THAT THE STATE HISTORIC PRESERVATION OFFICE HAS REVIEWED THIS APPLICATION AND HAS SIGNED OFF ON IT.

>> AND IT MAY MAY HAVE BUT GIVEN THE INPUT YEAR THAT WE'VE RECEIVED FROM THE PUBLIC WE'RE MAKING THAT RECOMMENDATION TO YOU ALL THAT YOU AT LEAST GIVE OUR LOCAL BOARD AN OPPORTUNITY TO LOOK AT IT AND TO HEAR COMMENTS ABOUT WHAT THE CONCERNS ARE SO THAT THEY CAN ADEQUATELY ADDRESS AND MAKE APPROPRIATE RECOMMENDATIONS BASED ON OUR LOCAL KNOWLEDGE AND INFORMATION THAT WE HAVE HERE IN THE COUNTY SCREEN. WE HAVE A QUESTION FOR YOU WHICH IS NEW INFORMATION TO ME . I DIDN'T KNOW THERE WAS 40 OTHER PONDS ALREADY OVER THERE IS ANY OF THOSE PONDS COUNTY POEM ARE YOU AWARE OF?

>> I IT'S A PRIVATE I WOULD NOT HAVE THAT KNOWLEDGE AND I YOU KNOW, AGAIN, WE I WOULD I WOULD BE CAREFUL. YOU KNOW, THAT IS A STATEMENT THAT'S BEING MADE.

RIGHT? RIGHT. I DON'T KNOW THAT THAT MAY BE ACCURATE AS TO 40 PONDS ON THERE. I DON'T KNOW HOW THEY GOT CONSTRUCTED BUT WHAT UNDER WHAT UNDER UNDER ONE AUTHORITY THEY WERE CONSTRUCTED.

I DOUBT IT WOULD BE 40 MINING PERMITS THAT WE'VE ISSUED OVER THERE.

[00:55:04]

>> JUST VERY QUICKLY TO RESPOND ,MR. GREENWAY HAS MENTIONED WHAT TYPICALLY REVIEWED BY THE

HISTORIC PRESERVATION BOARD. >> BUT IF YOU WILL DIRECT YOUR ATTENTION TO THE PLAIN LANGUAGE OF THE CODE, IT SAYS IMPACTS TWO AREAS LISTED ON THE NATIONAL REGISTER SHALL BE REVIEWED BY THE PRESERVATION BOARD. SO I THINK IT'S A VERY, VERY IMPORTANT AND HISTORICALLY WHAT'S BEEN REVIEWED BECAUSE IT'S PERTINENT.

THANK YOU. I HAVE A QUESTION FOR YOU. >> NOW YOU SAID IT WAS IT DID

THAT TOLD YOU THAT THERE WAS NOT? >> THEY DID NOT.

NO, THEY DID NOT TELL US AFFIRMATIVELY THAT IT WAS NOT THE CORRECT PERMIT.

THEY SAID THAT THEY WOULD HAVE TO LOOK INTO IT BECAUSE THEY WERE CONFUSED AS TO WHY THEY GOT THIS PERMIT AND NOT THE OTHER ONE. OK, THANK YOU.

IF YOU MR. CHAIRMAN, AGAIN, I DON'T WANT TO MISLEAD ANYONE. THE LANGUAGE IN THE IN THE CODE THAT TALKS ABOUT THE GOOD SPORT REVIEW BOARD SAYS ANY CONSTRUCTION ALTERATIONS OR REPAIR OR RESTORATION OF PROPERTY'S LOCATED AND ARE ON THE NATIONAL HISTORIC REGISTER ARE IN A NATIONAL HISTORIC DISTRICT. SO WHAT IT REFERS YOU TO THE DEPARTMENT OF INTERIOR GUIDELINES FOR MAKING WHAT'S CALLED A CERTIFICATE OF APPROPRIATENESS FROM THE HISTORIC REVIEW BOARD. IF YOU LOOK AT THE DEPARTMENT OF INTERIOR GUIDELINES, ALL OF THOSE GUIDELINES RELATE TO HOW TO DEAL WITH THE WITH VERTICAL

HISTORIC STRUCTURES NOT SOMEONE DIGGING A MINE. >> AGAIN, YOU KNOW, THERE ARE CERTAIN CASES WHERE YOU HAVE TO GET IF YOU'RE USING FEDERAL MONEY FOR A PROJECT, THINGS LIKE THAT. YOU HAVE TO GO THROUGH A SIGNIFICANT LEVEL REVIEW IF YOU'RE GOING TO BE EXCAVATING A SITE AND THINGS LIKE THAT. BUT WE THE STAFF DO NOT FEEL THAT'S A REQUIREMENT OF OUR CDC FOR HISTORIC REVIEW BOARD. BUT AGAIN, WE DO FEEL THAT THE SITUATION HERE IS UNIQUE ENOUGH AND THE CONDITIONS ASSOCIATED WITH THE FIRST ALLEN ARE SIGNIFICANT ENOUGH WITH THE HISTORIC NATURE OF THE ISLAND THAT WE WOULD RECOMMEND THAT YOU IMPOSE THAT CONDITION. I DON'T KNOW THE HISTORIC REVIEW BOARD WOULD BE ABLE TO MAKE ANY RECOMMENDATIONS ABOUT THIS BUT IT WOULD NOT HURT IF YOU'RE INCLINED TO APPROVE THIS FOR US TO HOLD A MEETING WITH THEM AND SEEK THEIR RECOMMENDATION AND INPUT BEFORE

WE ISSUE THE FINAL PERMIT AND WE'RE WILLING TO DO THAT. >> THANK MR. PENNEBAKER, THANK YOU FOR THIS OPPORTUNITY. I APPRECIATE IT. MY NAME BAKER.

MY WIFE JULIE NOW LIVE FULL TIME ON THE SKI ISLAND AT 58 MARY FIELD ROAD.

>> OUR BACKYARD TOUCHES THE PROPERTY OF THIS PROPOSED MINING SITE WE BOUGHT AND BUILT ON THIS PROPERTY THREE YEARS AGO WITH ALL OF OUR SAVINGS FOR WORKING FROM WORKING NINE TO FIVE JOBS FOR 35 PLUS YEARS WE DREAMED OF RETIRING TO A QUIET SECLUDED NEIGHBORHOOD.

>> WE WERE NOT NAIVE ENOUGH, HOWEVER, TO THINK THAT ADJOINING PROPERTY MAY NOT SOMEDAY BE DEVELOPED. WHAT WE DIDN'T EXPECT IN OUR WILDEST DREAMS WAS A MINING OPERATION IN OUR BACKYARD. FOLKS, THIS IS MORE THAN A HOUSE TO US.

THIS IS OUR HOME. IT REPRESENTS A FULL LIFE OF WORK.

>> OUR FIRST CONCERN OBVIOUSLY WOULD BE THE NOISE OF HEAVY MACHINERY WITH CONSTANT BACKUP BEEPERS GOING OFF ALL DAY LONG FOR WEEKS, MONTHS, POSSIBLY EVEN YEARS.

>> THE EXTRA DOES GENERATED BY SUCH AN OPERATION IS ALSO A CONCERN.

AND WHILE THE DEVELOPERS CLAIM THAT THE END PRODUCT WILL RESULT IN A FOUR POINT SEVENTY SEVEN ACRE POND THAT IS NOT AS PLEASING AS IT MAY SOUND A FOUR POINT SEVEN ACRE POND IS NO MORE THAN ATTRACTIVE NUISANCE FOR MORE ALLIGATORS AND MORE MOSQUITOES.

OUR HOLLAND HAS ALREADY LOST FOUR FAMILY PETS TO GATOR ATTACKS IN RECENT YEARS THAT CAME FROM SIMILAR PINE 150 YARDS IN FRONT OF MY HOUSE HAS ALREADY BEEN SAID IT IS IN LESS

[01:00:09]

ANOTHER CONCERN IS THAT SHOULD THE PROJECT NOT BE COMPLETED THAT WE END UP WITH A LARGE HOLE IN OVER FIVE ACRES OF CLEARCUT TREES. BEAUFORT COUNTY PRIDES ITSELF ON ITS TREES AND IT WOULD TAKE TWENTY FIVE PLUS YEARS TO RECOUP THE GROWTH SHOULD THIS

PROJECT BE ABANDONED. >> THIS NEIGHBORHOOD IS EXCEPTIONAL UNLIKE ANY I HAVE

EVER LIVED IN. >> THERE ARE ALL TYPES OF PEOPLE WITH VARYING AGES INCOMES, RACES AND RELIGIONS AND TO BE HONEST WE GET ALONG PRETTY DARN WELL.

WE ENCOURAGE AND SUPPORT ONE ANOTHER AND WE RESPECT EACH OTHER'S PRIVACY.

DO THE EXCELLENT WORK OF OUR NEIGHBORS FREDDIE GRANT AND THE STEVENS FAMILY WHO ARE NATIVE GO ISLANDERS AND WHOSE PROPERTY ALSO BACKS UP TO THIS PROJECT. WE WERE ABLE TO SECURE NINETY THREE SIGNATURES ON A IN PERSON PETITION DIFFERENT FROM MISQUOTES TO OPPOSE THIS PROJECT. THERE HAVE ALSO BEEN MANY LETTERS OF OPPOSITION SANDY AS WELL AS I ASSUME THAT YOU THE ZONING BOARD HAVE RECEIVED AND REVIEWED AND FINALLY I WOULD RESPECTFULLY ASK THAT YOU PHYSICALLY OBSERVE THIS NEIGHBORHOOD AND I HOPE THAT YOU WOULD CONCLUDE THAT THE MAN MINING OPERATION IS SIMPLY NOT APPROPRIATE FOR THIS AREA.

I'LL BE GLAD TO ANSWER QUESTIONS BY LIMITED EXPERIENCE AND TIME ON THE ISLAND.

YOUR QUESTIONS. THANK YOU. THANK YOU.

MR. DEAN ROBINSON. I'D LIKE TO REFER TO THIS MATTER DURING MY COMMENT.

THE E-MAIL ASKING YOU ABOUT A WHAT ABOUT PRODUCT BASE THEY MIGHT THANK YOU . MY NAME IS DEAN ROBERTSON AND I APPRECIATE THE OPPORTUNITY TO

SPEAK TO YOU ALL TONIGHT. >> MY WIFE AND I WERE TWENTY NINE GOVERNORS POINT ON THE FUSSY ABOUT 500 60 YARDS FROM THE PROPOSED SANDMAN. WE'VE OWNED OUR PROPERTY FOR 21 YEARS. I'D LIKE TO ADDRESS THREE POINTS FIRST.

THIS SITE IS AROUND DID BY EIGHT HOMES ON 18 RESIDENTIAL LOTS.

>> A SAND MINE IS NOT COMPATIBLE WITH THE LAND IN THE IMMEDIATE.

THE SEND A DEED AS REQUIRED BY THE COUNTY CODE THE PROS MIND WILL PRODUCE NOISE AND DUST FOR THREE YEARS. IF FIVE ACRES OF TREES THAT WILL BE CUT DOWN ARE BURNED ON

THE SITE YOU CAN ADD SMOKE TO THE BURDEN. >> THIS ISN'T NECESSARY.

THERE ARE HUNDREDS OF UNDEVELOPED ACRES ON THE SKI THAT COULD BE A LOT MORE SUITABLE FOR A SAND MINE. ONE OF THE IMMEDIATE NEIGHBORS OF THE SITE IS MISS LMA STEPHENS WHO LIVES AT 217 POINT ROAD. MISS LMA IS A GOAL A WOMAN AND A NATIVE OF DEFENSE SKI. SHE'S IN HER 80S AND SHE HAS SOME HEALTH ISSUES.

SHE SHOULD NOT HAVE TO SPEND THE LATER STAGES OF HER LIFE DEALING WITH THE NOISE, DUST

AND SMOKE. >> FROM A SAND MINE BEING PLACED IMMEDIATELY BEHIND HER HOUSE NOT NOT TO INTERRUPT YOU BUT YOU HAVE LESS THAN A MINUTE LEFT.

YES, SIR. OK, THE SECOND POINT IS GRANTING THIS ESPECIALLY SPECIAL USE PERMIT MIGHT BE A DANGEROUS PRECEDENT FOR FUSCA AS A HISTORIC DISTRICT.

>> ALL OF THE WAS ADDED TO THE NATIONAL REGISTER OF HISTORIC PLACES IN 1982.

THE HISTORIC DISTRICT CONTAINS MOST OF WHAT IS LEFT OF THE HISTORY ON THE ISLAND BEFORE

[01:05:04]

THE 1980S IF YOU GRANT THIS PERMIT. >> CAN THE BOARD IN FAIRNESS SAY NO TO FUTURE PROPOSED SAND MINES AND OTHER INDUSTRIAL USES IF THEY IF THEY BORDER ONLY HALF AS MANY HOMES OR HALF AS MANY LAWNS OR A QUARTER AS MANY ?

>> MY FINAL POINT. >> IF THE PERMIT IS APPROVED AND IT BECOMES A PRECEDENT.

MUCH OF THE HISTORIC DISTRICT WILL BE OPEN TO INDUSTRIAL DEVELOPMENT.

MY FINAL POINT IS ABOUT SOME PROCEDURES. THE HISTORIC PRESERVATION HAS ALREADY BEEN ADDRESSED AND I WON'T ADDRESS IT. TWO HUNDRED FEET OF THE MAIN HALL LANE ROAD FOR THE PROPOSED SAND MINE LIES WITHIN THE HERITAGE CORD OR OVERLAY

DISTRICT ON HAIG POINT ROAD. >> A REVIEW BY THE PLANNING COMMISSION MAY BE REQUIRED.

THESE ARE PROCEDURAL QUESTIONS BUT LET'S GET BACK TO REALLY WHAT I THINK IS THE MAIN ISSUE.

>> TIME UP MY DOES MY HANDING OUT THE THINGS COUNT THAT I'LL BE.

CAN I HAVE 30 SECONDS PLEASE? TEN SECONDS. GO FOR TEN SECONDS.

SAND MINE THAT IS SURROUNDED BY EIGHT HOUSES AND 18 RESIDENTIAL LOTS IS NOT COMPATIBLE.

I RESPECTFULLY ASK THAT YOU THAT YOU NOT AGREE TO ISSUE THIS SPECIAL USE PERMIT.

THANK YOU VERY MUCH. THANK YOU. NO QUESTIONS.

MR. NO QUESTIONS. MR. JOHN VAN HORN, GOOD EVENING.

>> MY NAME'S JOHN VAN MOORE. >> MY WIFE SUSAN AND I OWN A COTTAGE AND RESIDE ON AT 60 TO MARY FIELD ROAD IN THE INDIAN SPRINGS SUBDIVISION ON THE HUSKY ISLAND.

>> I KNOW YOU'RE TIRED OF HEARING ABOUT APPROPRIATENESS BUT I JUST WANT TO TOUCH ON ONE POINT HERE. WHAT DID THE DEVELOPERS OF INDIAN SPRINGS WHERE WE RESIDE ENVISION TO BE THE APPROPRIATE USE OF THIS AREA? ONE OF THE ORIGINAL OWNERS WHEN WE BOUGHT THE PROPERTY PASSED ON TO ME THE COVER LETTER WITH THE COVENANTS FOR INDIAN SPRINGS SAYS GENERAL INFORMATION. INDIAN SPRINGS TO THE ISLAND LINE ONE ZONING RESIDENTIAL LINE TO SURROUNDING ZONING ALL SURROUNDING PROPERTIES ARE

ZONED RESIDENTIAL. >> TO ME AND ANY REASONABLE PERSON WOULD FIND A COMMERCIAL SANDAL SANDMAN STRIP MINE REQUIRING A SPECIAL USE PYRAMID WOULD NOT BE APPROPRIATE WOULD NOT BE APPROPRIATE USE FOR THE PROPERTIES SURROUNDING INDIAN SPRINGS.

>> THE EXPECTATIONS OF SOMEONE PURCHASING PROPERTY IN INDIAN SPRINGS WOULD BE THAT THE SURROUNDING PROPERTY WOULD BE SIMILAR AND USE AS TO WHAT THEY WERE PURCHASING.

>> WHO HAD THIS WONDERFUL VISION AND REPRESENT THE APPROPRIATENESS FOR INDIAN SPRINGS IN THE SURROUNDING AREA? THE DEVELOPER WAS OFTEN MANAGEMENT MR WILLIAM SCOTT AND WHO IS APPLYING FOR SPECIALLY USED PERMIT ON THE SURROUNDING RESIDENTIAL ZONE PROPERTY DAUPHINE DE PHOSPHATE GROUP MR WILLIAM SCOTT.

>> VARIOUS STAFF AND COMPANIES ALL LEAD TO THE SAME P.O. BOX IN FLORIDA AND THE WILLIAM SCOTT THAT DEFINED APPROPRIATENESS FOR INDIAN SPRINGS IS THE SAME WILLIAM SCOTT WHO IS ASKING YOU TO IGNORE THE APPROPRIATE USE OF THIS LAND FOR COMMERCIAL MINING VENTURE. 45 SECONDS. APPROVING THIS SPECIAL USE PERMIT WOULD BE IN MY OTHERS OPINION IN DIRECT CONFLICT WITH THE DEVELOPER'S VISION AND REPRESENTATION TO THE OWNERS OF THE PROPERTY AND INDIAN SPRINGS .

THANK YOU. THANK YOU. ANY QUESTIONS? THANK YOU, SIR. THAT'S THE THAT'S IT WITH THE PUBLIC COMMENTS OVER HERE IN

[01:10:03]

JUST LET ME EXPLAIN TO YOU WHAT I'M DOING. >> I'M TEXTING WITH SOMEONE ON THE FIRST GALLON BECAUSE THEY'RE ON A DELAY SO THEY'RE GETTING READY.

YOU'RE GOING TO HEAR FROM THREE INDIVIDUALS FROM THAT AREA FIRST SALLY ANN ROBINSON AND THEN FREDDIE GRANT JUNIOR AND THEN RIKKI STEVENS AND THAT WILL BE ALL THE SPEAKERS FROM

THE HUSKY ALBUM THIS EVENING. >> SALLY ROBISON, FREDDIE SALLY AND ROBIN'S SON FREDDIE GRANT JUNIOR AND RICKY STEVENS, THANK YOU FOR HAVING ME. MY NAME IS SALLY ANN ROBISON, SIXTH GENERATION BORN NATIVE ONTO PHOSPHATE AND I OWN A TOUR COMPANY HERE.

I HAVE SEEN MANY CHANGES COME TO THIS ISLAND THROUGHOUT THE YEARS AND WHAT FOLLOWS MY MIND IS THAT HOW COULD ALL OF THIS MINING IN A STREET CLOSE TO HOMES HISTORIC OUR HISTORIC GRAVEYARD AND HISTORIC BUILDING BENEFIT THE FOLKS. HOW COULD THESE IMPORTANT AREAS NOT BE CONSIDERED UNIQUE FOR ALL MINING? DOES NOT PLAY A ROLE IN DAWN AND THE I KNOW IT HAS BEEN SAID THAT OTHER MINING HOLES HAVE BEEN DUG IN THE FIRST PLACE.

I THINK IT'S SAD TO CONTINUE DIGGING OUT THIS ISLAND INSTEAD OF BUILDING OFF.

FOR THOSE OF US WHO CRIED I WILL SETTLE ON LIVING IN THE HISTORIC DISTRICT DO NOT WANT TO SEE ANOTHER BIG OLD DOES NOT SERVE OUR COMMUNITY PURPOSE. I WOULD RATHER SEE THE BUILDINGS SEEK THEM BUILD UP AND COME TO APPRECIATE THE FUSTY AS AN ISLAND NOT A PLACE OF ROSE MINING IN OUR HISTORIC AREA. WE'LL TAKE AWAY TREES, HERBS AND WILDLIFE AREA. I AM ALSO A MEMBER OF THE ADV. DAY FOUNDATION WHICH WE COULD REPLACE. WE DON'T TAKE AWAY HOW CAN MINING BE ALL RIGHT WHEN THEY DON'T HAVE WHEN IT'S IN YOUR BACKYARD? AS A TOUR GUIDE I WON'T HAVE TO DEAL WITH THE NOISE AND THE PEOPLE VISITING WILL HAVE TO DEAL WITH THE TYPE OF NOISE FROM THE DIGGING IN THE RAIN AND ALL THAT'S GOING ON WHERE I COULDN'T TELL THEM ABOUT THE HISTORY. I AM BEGGING PLEASE CONSIDER AND AMPLIFY ANY CHOICE.

YOU ARE NOT SURE OF WHERE ALL OF THIS IS HAPPENING. PLEASE COME OVER.

I HAVE A TOUR BUS SEAT FOR ME THAT YOU ARE WELCOME TO GO ON AND I WILL TAKE YOU THERE.

I'M NOT ASKING YOU TO DO ANYTHING WITHOUT CITING MINE BUT ALSO JUST PLEASE NOTE THAT IF YOU COME AND SEE WHY WE ARE STRESSING CONCERN AND WHY OUT OF NOT HAVING MORE HOMES STUCK ON THIS ISLAND YOU WILL UNDERSTAND. THANK YOU TO DO A LITTLE JIM BEHIND THE DOOR. I MAY BE FREE TO GRANT DOING ON MY NATIVE TOURS OUT AND I HOPE THAT YOU HEAR ME. HELLO MY FRIEND MABEL BY FIVE DOLLARS FROM THIS ISLAND AND I MISS THE RIBBON WITH SAND ON. HE WAS TALKING UP THE LADY WHO TOLD ME THE STEPHEN DIG.

THAT IS MY AUNT. AND YES, WE DID WANT TO DIG THAT THAT'S BEHIND HER HOUSE AND MY HOUSE AND DISAPPROVAL AS A MATTER OF FACT I GOT A LOT OF IS THAT LIVE IN A MINUTE MINUTE OF MURPHY'S CEMETERY BACK. MY FATHER'S BACK THERE. MY GRANDDAD EFFECTIVE RIBAUT A DIG AT DISTURBING YOU. YOU KNOW I DISAPPROVE AND I JUST HOPE AND PRAY THAT I DON'T

[01:15:03]

YOU KNOW. AND THAT'S ALL I WANT TO SAY. JUST I'D DISAPPROVE OF IT.

AND THIS A RIGHT. AND ANOTHER THING I WANT TO SAY TO SAY ALSO THAT IF YOU COULD BREAK CONCRETE ON THE BARS PLASTIC YOU COULD BREAK THEM TOO.

AND COFFEE IS WAY MORE EXPENSIVE THAN THAT. THANK YOU, GENTLEMEN.

HEAR ME OUT. CRITICALLY, I'M DOING IT WITHOUT YOU HAVE SOME FUN ON MY OWN. STEPHEN AND THEY'D PUT YOUR MIND IS BACKED BY IT LIKE 100 LP. MY NEIGHBORS DEMANDED THAT MOST OF I BELIEVE THAT DEATH AND DEAD MY NEIGHBOR THAT DAY DID NOT LIE. I JUST FEEL LIKE I HAVE A YEAH ONLY A DEBT INSTEAD OF MY MOM MY MOMMY. KNOW THAT NOTE AND ALL THAT STUFF THAT YOU CAN'T PUT A FIDDLE ON THAT. SO I HOPE YOU GUYS GO BACK TO THE THING WITH THAT WE TOTALLY DISAGREE WITH THE WHOLE FAMILY DOES.

IN MY ASSESSMENT MY BACK. MY GRANDKIDS. MY WHOLE FAMILY.

SO I HOPE JOGGERS GO SOMEWHERE BUT SADLY NOT GOT TO MIND A BIT.

JUST PUT SOMEBODY ELSE ON PRIVATE JET BUT NOT. NOT IN IT'S.

THIS WHERE ALL THESE PEOPLE IN AND MAYBE I THINK EVERYONE WANTS PEOPLE DISAGREEING WITH.

>> ALL RIGHT. WELL, AT THIS TIME WE'RE GOING TO CLOSE OUR PUBLIC COMMENT GENTLY, GENTLEMEN, AGAINST THIS POINT. WE NEED TO HAVE SOME DELIBERATION AGAINST WE NEED TO PUT A MOTION OUT SO THAT WE CAN HAVE SOME DELIBERATION ON THE FUSCA MIND IF WE HAVE WE DON'T HAVE ANY MORE QUESTIONS FOR MR. GO AHEAD.

>> I QUIT TAKING NOTES OF ALL THE INCONSISTENCIES I HEARD. THE DEPTH OF THE MINE THE SIZE OF THE MINE. NO MINING PERMITS BEING ISSUED ON THE KEY.

I KNOW THERE HAD BEEN BECAUSE I GOT THEM DEEP WATERING GOING OFF SITE ENGINEERING REPORT.

I MEAN IF YOU'LL TAKE SOME STUFF INTO CONSIDERATION WHEN YOU VOTE ON THE MINE.

THAT'S JUST WRONG. THAT STUFF IS INCORRECT. YOU KNOW IF IF IF WE NEED TO PROVIDE THE PAPERWORK WE NEED TO WE'LL BE GLAD TO YOU KNOW, I BELIEVE I WAS QUOTED SAYING THERE WERE NO CULTURAL RESOURCES FOUND ON THE ISLAND. THAT'S INCORRECT.

ONLY FOR OUR SITE WAS A SURVEY DONE. >> PLEASE TAKE INTO CONSIDERATION THE FACTS THAT WERE GIVEN TO YOU. YOU'RE NOT PEOPLE'S OPINIONS AND HOW THEY FEEL ABOUT THE PROJECT. THANK SORRY.

I JUST WANTED TO CLARIFY THAT I'M MY FATHER AND I ARE BOTH WILLIAM SCOTT.

>> MY MIDDLE NAME IS CASEY SO THAT'S IN REFERENCE TO WHAT MR. VAN HORN WAS SAYING AND I BELIEVE AT THE TIME WHEN HE PURCHASED HIS LOT IN INDIAN SPRINGS THIS PARCEL THAT THE PROPOSED MINE IS GOING TO GO ON WAS OWNED BY A DIFFERENT GROUP. ANYWAYS, I DON'T BELIEVE THERE WAS ANY MIS REFERENCE REPRESENTATION ON THAT. ALSO REGARDING THE ENTIRE AREA BEING RESIDENTIAL, THE ENTIRE AREA IS D2. THERE'S RESIDENTIAL SUBDIVISIONS TO THE NORTH OF IT. WE REACHED OUT AND SENT LETTERS TO THE PEOPLE IN INDIAN SPRINGS WHICH DIRECTLY BORDER IT. I BELIEVE WE RECEIVED FIVE LETTERS OF SUPPORT TWO LETTERS AGAINST MR. PENNEBAKER AND MR. VAN HORN AND THE DEED TO PROPERTIES SURROUNDING IT. SOME ARE HOMES, SOME ARE FOR COMMERCIAL USES.

THESE TWO CAN BE SINGLE FAMILY. IT CAN BE LIGHT MANUFACTURING. THERE IS JUST BEEN APPROVED A WHISKEY DISTILLERY RIGHT. CONTIGUOUS WITH THIS PROPERTY WITH THIS MINING SITE AND IT'S A LARGE WHISKEY DISTILLERY AND IT'S GOING TO HAVE A STORMWATER RETENTION POND AS WELL ACROSS THE STREET. THERE'S A 2 ACRE POND WITH A RUM DISTILLERY SO I JUST WANT TO KIND OF CLARIFY THAT THE CHARACTER OF THE NEIGHBORHOOD IS NOT JUST SINGLE FAMILY HOMES. IT'S A LITTLE BIT MORE NUANCED THAN THAT.

SO THAT'S ALL THANKS. A YEAR AND A HALF AGO AND THAT LETTER STATED IT WAS A PINT.

THIS IS A MINING OPERATION FIRST. IT MAY END AS A PINE BUT THIS IS THE LETTER THAT WE RECEIVED THAT WAS FIVE TO EIGHT OR WHATEVER HE SAID IT WAS ADDRESSED AS PINE WITH A FUTURE DEVELOPMENT POSSIBLY OF HOUSES .

OKAY. THANK YOU. ALL RIGHT.

[01:20:02]

THE INFORMATION WHERE WE COULD MAKE A DECISION ON IT. >> WE HAVE HEARD ALL OF THE TESTIMONIES AND GOT A NUMBER OF INFORMATION. I GUESS WE TO HAVE SOME LEVEL.

I HAVE ONE QUESTION. YOU HAVE ONE QUESTION FROM HIS AUSTIN BASED ON THE TESTIMONY YOU'VE HEARD FROM THE PUBLIC COMMENTS HERE, IS THERE ANYTHING THAT YOU'VE HEARD THAT WOULD CAUSE YOU TO HAVE ANY PAUSE WITH RESPECT TO THE STAFF'S RECOMMENDATION FOR APPROVAL OF THIS MODERN. SO SO YOU HAVE YOUR RECOMMENDATION.

>> I UNDERSTAND. ALL RIGHT. THANK YOU.

>> THE OTHER QUESTION I JUST HAVE A QUESTION OF THE PROJECT .

I FEEL LIKE I DON'T HAVE A VERY GOOD GRASP ON WHERE IT IS AND WHAT'S AROUND IT.

AND TO ME THE RECOMMENDATIONS THAT WE SHOULD GO LOOK AT IT IS THAT OUT OF LINE WITH WHAT THIS

COMMITTEE EVER DOES? >> YOU KNOW, I THINK THE QUESTIONS THAT ARE BROUGHT UP BY THE PEOPLE THAT I'M JACKED IS THAT IT'S GOING TO RUIN THEIR NEIGHBORHOOD.

IT'S NOT APPROPRIATE. IT'S IN THE MIDDLE OF IT. IT'S COMMERCIAL MINING WHICH MAKES IT SOUND REALLY AWFUL. BUT THEN WE HEAR THE DEVELOPERS SAY IT'S NOT THAT OUT OF CONTEXT. AND TO ME WITHOUT SEEING IT I CAN'T TELL FROM THESE PAPERS.

BUT JUST MY. THIS IS I CAN TELL YOU, MAN. MR. MACK AND I HAVE BEEN ON THE BOARD FOR LONGER THAN MOST EVERYBODY ELSE HERE. AND I DON'T RECALL A BOARD EVER CONVENING A MEETING ON SITE SOMEWHERE. I MEAN WHEN I'VE HAD QUESTIONS ABOUT WHAT A PARTICULAR PIECE OF PROPERTY LOOKED LIKE I MEAN I'VE ALWAYS GONE OUT AND TAKEN A LOOK AT IT. WELL, NAMING YOURSELF. SORRY.

GO HAVE THE OPPORTUNITY IN THE SENSE OF I JUST SAID I'M NEW AND I HAVE NOT HAD THAT

OPPORTUNITY. >> DR. I'D LIKE TO MAKE A COUPLE OF COMMENTS.

>> FIRST OF ALL, I DO HAVE SOME CONCERNS. I REALIZE THAT YOU HAVE DONE YOUR HOMEWORK TO CHECK FOR ENVIRONMENTAL IMPACTS AND THE WATER TABLES IN LONG TERM

ECOLOGICAL ENVIRONMENTAL IMPACTS. >> HOWEVER, I'M STILL YOU KNOW, I STILL HAVE SOME DOUBTS ABOUT THAT. I HAVE SOME CONCERNS AND I RESPECT THAT YOU'VE DONE YOUR HOMEWORK. AND I ALSO RESPECT MR. SCOTT THAT YOU HAVE SOME INTENTION TO REDUCE THE AMOUNT OF TIME THAT YOU WOULD BE DOING THE MINING AND THAT YOU INTEND TO DONATE PARK AND HELP TO BUILD A PARK AND DONATE SOME OF THE TO SOME PUBLIC CHARITIES. I DO RESPECT THAT. I THINK THAT'S HONORABLE BUT I'M CONCERNED ABOUT AS I SAID, THE ENVIRONMENTAL IMPACT THAT YOU'RE CUTTING DOWN ESSENTIALLY FOR ACRES OF TREES RIGHT IN THE MIDDLE OF THAT AREA AND I DON'T KNOW IF ANY OF YOU HAVE BENDED

TO FUSCA ISLAND. >> I HAVE WHEN I'VE MET THE PEOPLE THERE'S A SPECIAL PLACE AND IT'S IT'S A UNIQUE ISLAND BOTH HISTORICALLY, CULTURALLY, SOCIALLY.

SOME OF THE COMMENTS MADE BY SOME OF THE FOLKS HERE TONIGHT ARE VERY ACCURATE THAT IT'S A VERY UNIQUE PLACE YOU HAVE A MIX OF OF PEOPLE FROM ALL INCOME LEVELS.

>> THEY THEY ALL GO TO THE SAME CHURCH. THERE'S ONE CHURCH ON THE

ISLAND. >> SO I SAY THAT'S TO SAY THIS THAT IT IS A UNIQUE PLACE AND I DON'T THINK IT SHOULD BE TREATED AS ANY OTHER LOCATION IN OUR COUNTY.

MY CONCERN PRIMARY CONCERN IS THAT I DON'T BELIEVE THAT A MINE IS COMPATIBLE WITH THE AREA THAT THAT THIS IS SURROUNDED BY A NEIGHBORHOOD WHETHER ALL OF THOSE LOTS ARE FILLED OR NOT. IT APPEARS TO ME THAT THAT'S NOT COMPATIBLE WITH THE RESIDENTIAL AREA. THAT'S MY COMMENT. ANYONE ELSE? WELL, I'D JUST LIKE TO SAY THAT I SYMPATHIZE WITH THE RESIDENTS OVER ON THE FUSCA ISLAND IN IT

IS NEVER IN MY DREAMS OF HAVING A POUND WITH IN MY BACKYARD. >> YOU KNOW, I.

[01:25:10]

TOO KEEN WITH THAT EITHER. >> YOU KNOW, I SYMPATHIZE WITH THE HERITAGE THE GULLAH CULTURAL HAD A HISTORIC HISTORY HISTORIC THAT THEY HAVE OVER THE SYMPATHIZE WITH THAT.

SO YOU KNOW, IT IS I GUESS WE REALLY NEED TO PUT A MOTION ON THE FLOOR TO CONTINUE THIS BUT TO HAVE UPON MY BACK LIKE THAT I KIND OF PUT MYSELF IN THEIR SHOES.

DO I WANT THAT? YOU. SO YOU KNOW, WITH THAT BEING SAID, YOU KNOW, I THINK WE JUST NEED TO GO AHEAD AND OPEN UP WITH NO ONE ELSE HAD A COMMENT JUST OPEN TO PUT THE MOTION ON THE FLOOR SO THAT WE CAN CONTINUE TO HAVE A CONVERSATION ON THIS AND COME TO A CONCLUSION. SO CAN I GET SOMEONE TO PUT A MOTION ON THE FLOOR TO ACCEPT OR DENY THIS ON? I WOULD MOVE THAT WE DECLINED THE REQUEST OF THE DOLPHIN, THE FIRST KEY GROUP LLC TO BUILD THE TWO PERFORM MINING

OPERATIONS IN THIS AREA. >> I'M NOT SURE THAT THAT'S THE PROPER VERBIAGE FOR THE MOTION BUT THAT'S WHAT I WOULD KNOW AND I'M SORRY YOUR MOTION AGAINST MY MOTION IS TO DECLINE THE REQUEST OF THE APPLICANT TO DENY TO DENY WAS THAT IN MAY. I'LL SET AN EMOJI MOTION HAVE BEEN MADE PROPERLY MADE AND SECONDED. SO KNOWING THAT THE MOTION NOW

IS TO DENY THAT THE FIRST. >> WELL, LET ME PUT IT THE FIRST PART.

LET ME SAY THAT IT WAS THE GOVERNMENT USED PERMITS FOR THE MINING OF MR. CHAIRMAN TO BE THE I'D NO THAT THE MATTERS BEFORE US ON A RECOMMENDATION FOR APPROVAL FROM THE COUNTY

STAFF. >> AND IT SEEMS TO ME THAT 100 FOOT PERIMETER BUFFER GOES A LONG WAY TOWARDS AMELIORATING ANY SORT OF ADVERSE EFFECTS. AND I APPRECIATE MR. SCOTT'S OFFER TO LIMIT THE HOURS OF OPERATION AND THE NUMBER OF DAYS PER WEEK AND HE'S ME TRYING TO MAKE A GOOD FAITH EFFORT TO BE AS COMPATIBLE AS HE CAN AND SO BUT THAT SORT OF THING IS A JUDGMENT CALL AND THAT'S I MEAN THAT'S WHY WE'RE UP HERE TO MAKE THE TOUGH DECISIONS HERE. MY REASON FOR DENYING IS THAT RECOMMENDING DENIAL IS THAT I BELIEVE IT'S NOT COMPATIBLE WITH THE RESIDENTIAL AREA . I'LL GO IN A SECOND. THE AMENDED MOTION HAS BEEN PROPERLY MADE AND SAID ALL IN FAVOR OF DENYING THAT THE FUNKY PINE.

CAN YOU SIGNIFY BY RAISING ALL AVAILABLE OR NOT THE NINE? NO.

[01:30:07]

MR. CHAIRMAN, BEFORE WE MOVE ON. WE TAKE A 10 MINUTE BREAK.

LIZ. YES, SIR. THANK YOU.

THE SECOND LINE. NEXT ON THE AGENDA ITEM 8 WHICH

[21. Bay Point Island, LLC is requesting a Special Use Permit for Ecotourism from Division 4.1.330 of the Community Development Code. The property is located on Bay Point Island, St. Helena Island. The property is zoned T1NP. (R300 045 000 0009)]

ECO TOURISM DIVISION AT THIS POINT. >> I WOULD LIKE TO NOTE THAT MR. CHET WILLIAMS WILL BE RECUSING HIMSELF FROM THIS MEETING DUE TO CONFLICT OF INTERESTS. AND MR. CHEN, GOOD TO HAVE IT. JUST EXIT THE ROOM.

>> I'LL SET THE BACK. SO BUT YES, MY LAW FIRM'S HAS AND CONTINUES TO REPRESENT A POINT IRELAND ON CERTAIN ASPECTS OF THE DEVELOPMENT OF BAY POINT ISLAND.

AND BECAUSE OF THAT I HAVE A POTENTIAL CONFLICT OF INTEREST. SO I'LL BE RECUSING MYSELF.

I'VE DELIVERED LETTERS TO YOU FOR INCLUSION IN THE RECORD AND TO MR. GREENWAY TO DOCUMENT IT.

THANK YOU.

SAID MR. CHEN LEAVE THE ROOM ITSELF IF HE'S AFFILIATED WITH THIS CASE, SHOULD HE LEAVE THE

ROOM OR IS IT OKAY FOR HIM TO BE IN THE ROOM? >> OKAY.

I JUST WANTED TO MAKE SURE THEY BROUGHT US. THANK YOU, MR. CHAIRMAN AND FELLOW BOARD MEMBERS. MY NAME IS JOSH TILLER. I'M GOING TO PROVIDE A BRIEF INTRODUCTION TO THE BAY POINT IRELAND ECO TOURISM WELLNESS FOR TREE THAT WE'VE SUBMITTED FOR. AND I'M GOING TO GIVE A LITTLE BACKGROUND HISTORY ON THE ISLAND BEFORE I TURN IT OVER TO MR. TOM TAYLOR WHO IS GOING TO WALK THROUGH SOME OF THE SPECIAL USE PERMIT PROCEDURES WE'VE BEEN THROUGH. I ALSO WANT TO THANK MR. GREENWAY FOR ACCOMMODATING US TONIGHT AND FOR THE PAST SEVERAL MONTHS AS WE'VE GONE THROUGH THIS PROCESS. ACCORDING TO THE DEED TIME OF PURCHASE BAY POINT IRELAND'S DESCRIBED IS OVER TWELVE HUNDRED ACRES OF OF MARSHES BEACH FRONT FLOODPLAINS AND WETLANDS. AND THERE'S BEEN HUMAN ACTIVITY THEY POINT FOR FEW HUNDRED YEARS NOW AND THAT'S INCLUDED CATTLE FARMING, VEGETABLE FARMING.

>> THERE'S BEEN A FEW MILITARY ESTABLISHMENT ON THE ISLAND AND THEN MOST RECENTLY THE ALLAN'S BEEN USED AS A RETREAT FOR A LOT OF THE LOCAL FAMILIES HERE IN BEAUFORT.

>> AND I THINK WE ALL NEED TO UNDERSTAND THAT THIS ISLAND HAS BEEN ENTITLED SINCE 1998 1998.

THE ISLAND WAS SUBDIVIDED IN THE 50 PARCELS THEY AVERAGED ABOUT FIVE ACRES JUST OVER FIVE ACRES PER PARCEL OF THOSE FIT 50 PARCELS 49 ARE ENTITLED FOR DEVELOPMENT FOR THERE COULD BE A A MANSION PUT ON THERE. ANY ANY KIND OF RESIDENTIAL CONSTRUCTION ON THOSE THOSE PARCELS. SO THE TIME THE REALLY THE TIME TO SAY THEY POINT IRELAND WAS BACK IN 1998 IN 2000 ABOUT TEN YEARS AGO. THE CURRENT LANDOWNER PURCHASED THE PROPERTY AND HE RETAINED THOSE FULL DEVELOPMENT RIGHTS ON THE PROPERTY.

THERE WAS A HANDFUL YEARS LATER THE ZONING THAT THE COMMUNITY DEVELOPMENT CODE WAS ADOPTED IN THIS PARCELS. ZONING WAS REASSIGN TWO TO ONE NATURE PRESERVE AND UNDER THAT ZONING ALLOWED FOR ECO TOURISM. AS LONG AS WE MEET THOSE CONDITIONS.

MR. TAYLOR IS GOING TO WALK THROUGH A LOT OF THAT. SO WE WHEN THAT ZONING CHANGE

[01:35:07]

SO JUST OVER A YEAR AGO WE STARTED LOOKING AT THE PARCELS THAT ARE ON THE ISLAND AND TRYING TO DETERMINE THE BEST PLACE TO PLACE THIS LOW IMPACT WELLNESS RETREAT.

WE LOOKED AT TOPOGRAPHY. WE LOOKED AT PROXIMITY TO THE OCEAN AND WE SETTLED ON THE CENTRAL CORE OF THE ISLAND AND THAT'S WHERE MOST OF THE UPLAND IS.

IT'S AWAY FROM ALL IT'S AWAY FROM WELL AWAY FROM ALL THE SHIFTING SANDS.

IT'S AWAY FROM THE AUDUBON. SOME IMPORTANT BIRD AREA. IT'S TO THE EASTERN END OF THE ISLAND AND IT'S ALSO AWAY FROM THE MARSHES TO THE REAR OF THE ISLE.

SO WE'RE THE CORE OF THIS THIS DEVELOPMENT IS FAR AWAY FROM THE BEACH FRONT AND TOWARDS THE BACK OF THE ISLAND. AND WELL, FOR THE MOST PART WE'LL BE SEEING FROM VOTERS VOTERS WHO PASSED BY THE ISLAND FROM THE OCEAN OR FROM THE CREEKS.

SO JUST OVER A YEAR JUST ABOUT A YEAR AGO WE SETTLED ON A LOCATION AND THAT LOCATION OCCUPIED ABOUT NINE OF ALL OF THE 50 LOTS. SO WE WENT THROUGH EXEMPT PLANT APPLICATION THAT CONSOLIDATED ALL THOSE NINE LOTS IN THREW OUT EIGHT OF THOSE ALLOW UNITS THAT COULD BE DEVELOPED AND WE UTILIZED THAT THAT PROPERTY WHICH IS JUST OVER 50 ACRES FOR THE ECO TOURISM RETREAT. THE PLAN IS SMALL SCALE, LOW IMPACT THE BUILDING FOOTPRINT.

YOU KNOW I MENTIONED THE ENTIRETY OF THE ISLANDS OVER TWELVE HUNDRED ACRES.

OUR SITE IS 50 ACRES OF THAT 50 ACRES JUST OVER TWO ACRES WILL BE IMPACTED WITH BUILDINGS.

WE'RE GONNA UTILIZE THE EXISTING ROAD FOOTPRINT THAT'S THERE WHERE OUR INTENT IS NOT TO REMOVE ANY TREES UNLESS CERTAIN INVASIVE THERE IS SOME TALLOW TREE INVASIVE TALLOW ON THE ISLAND THAT SPRUNG UP SINCE THE THE LAST STORM THAT CAME THROUGH.

WE'RE PROTECTING AN OPEN UNDER OPEN SPACE OVER 93 PERCENT OF THE 50 ACRES IN OUR TOTAL UNIT COUNT IS IS LESS THAN ONE ACRE OR ONE UNIT PER ACRE. A TYPICAL RESORT IS 12 TO 20

TIMES THAT AMOUNT. >> SO WE'RE VERY LOW IMPACT, VERY SMALL SCALE AND OUR INTENT IS TO WORK HAND IN HAND AS WE'VE DONE FOR THE PAST YEAR WITH THE LOCAL ENVIRONMENTALISTS TO WORK ON OUR MANAGEMENT PLAN FOR SPECIES ,PLANT SPECIES, ECOLOGICAL

PROTECTION. >> WE'RE WILLING TO WORK WITH ALL THE LOCAL GROUPS TO ASSURE THAT THAT'S THE PROTECT WE PROTECT THE ISLAND AND THAT'S OUR INTENT.

NOW I'D LIKE TO TURN THE PODIUM OVER TO MR. TAYLOR. WHAT IS YOUR NAME AGAIN?

JOSH TILLER. THAT'S WHAT TILLER T. >> L L YOUR I'M A LANDSCAPE ARCHITECT OF RECORD, MR. CHAIRMAN AND MEMBERS OF THE BOARD.

THANK YOU VERY MUCH FOR HAVING US. I'M GOING TO TRY TO MOVE ALONG BECAUSE WE HAVE A LOT TO COVER AND WE'VE BEEN HERE A WHILE. I WILL BE OBVIOUSLY ABLE STOPPED FOR QUESTIONS AT ANY POINT IN TIME. A LITTLE TALK FIRST ABOUT THE RESPONSIBILITIES THAT ALL OF US HAVE TONIGHT. WE HAVE A LOT OF MEMBERS OF THE PUBLIC WHO ARE HERE AND THEIR RESPONSIBILITY OF COURSE IS TO GIVE THE BASIS OF THEIR OPINION AND TO TELL YOU ALL WHY THEY FEEL THE WAY YOU ALL'S RESPONSIBILITY IS TO IMPLEMENT THE POSITION THAT YOU WERE PUT IN BOB BEAUFORT COUNTY OUR LOCAL GOVERNMENT HAS A STRUCTURE WHEREBY THE COUNTY COUNCIL SETS THE ORDINANCES THEY ADOPT THE LAWS THEY ADOPT THE ZONING AND THEN THE PEOPLE LIVE BY. AND WHEN A PROBLEM COMES UP WITH IT, THEY COME TO THE ZONING BOARD OF APPEALS. YOU ALL ARE BASICALLY IN FACT ACTING AS A JUDICIAL OR A QUASI JUDICIAL BODY AND IT'S YOUR JOB TO TAKE THE TRUTH AS YOU FIND IT AND THEN TO DO WHAT MISS AUSTEN SPOKE OF A FEW MINUTES AGO AND THAT IS TO APPLY THE CODE JUSTICE SANDRA DAY O'CONNOR, ONE OF OUR VERY BEST SUPREME COURT JUSTICES SAID YEARS AGO THAT COMMITMENT TO THE RULE LAW PROVIDES A BASIC ASSURANCE THAT PEOPLE CAN KNOW WHAT TO EXPECT WHETHER WHAT THEY DO IS POPULAR OR UNPOPULAR AT THE TIME.

[01:40:07]

I'M GOING TO TALK ABOUT TWO BASIC ISSUES. THE FIRST IS ECO TOURISM.

BEAUFORT COUNTY ADOPTED AS HAVE MANY, MANY COUNTIES IN THE COUNTRY THAT HAVE HISTORIC NATURAL RESOURCES, AN ECO TOURISM ORDINANCE WHICH IS BEEN ON THE BOOKS FOR MANY YEARS AND THE COUNTY THIS PLAN. AND I AM VERY PROUD TO BE HERE AND I SHOULD HAVE SAID THIS.

THIS PLAN IS BEING BROUGHT BY THE OWNERS OF BAY POINT ISLAND WHO ARE AS STRONG ENVIRONMENTALIST AS I HAVE EVER MET. THEY ARE ABSOLUTELY DEDICATED TO PRESERVING AND DEFENDING. THEY POINT ISLAND AS BEST THEY CAN AND THEY BELIEVE THAT THE SUSTAINABILITY PROGRAMS THAT THEY ARE IMPLEMENTING WITH THIS ECO TOURISM WELLNESS RETREAT WILL GO A LONG WAY TOWARDS THAT . IT WILL BE A PROJECT THAT BEAUFORT COUNTY AND THE STATE OF SOUTH CAROLINA WILL BE VERY PROUD OF.

I HOPE YOU'VE HAD THE CHANCE TO LOOK OVER THE PROPOSAL BECAUSE WHAT THEY ARE PROPOSING IS A COMPLETELY SELF-CONTAINED RETREAT IN WHICH THEY WILL GENERATE THEIR OWN ELECTRICITY . THEY WILL GENERATE THEIR OWN WATER THROUGH THE COLLECTION OF RAINWATER. THEY WILL HANDLE THEIR OWN WASTE.

IT IS NOT GOING TO RESULT IN THE FIRST PARKING LOT. IT IS NOT GOING TO RESORT RESORT IN THE FIRST ROAD. IT IS SIMPLY A PROJECT THAT IS ALMOST IDEAL.

WHEN YOU LOOK AT IT OBJECTIVELY, IF YOU LOOK AT THE MANAGEMENT PARTNER SIX SENSES YOU WILL FIND THAT THEY OPERATE 17 RESORTS ACROSS THE WORLD. MANY OF THEM IN VERY ENVIRONMENTALLY SENSITIVE PLACES. ONE MAIN ONE BEING IN THE GALAPAGOS SIX SENSES HAS A VERY UNIQUE ABILITY TO COME IN AND MANAGE A PROPERTY LIKE THIS AND KEEP IT DIRECTLY ON TRACK FOR WHAT THEY HAVE PROPOSED TO DO WHICH IS TO PROTECT THE ENVIRONMENT AS VERY BEST THEY CAN. NOW LET ME TALK A LITTLE BIT FIRST ABOUT THE ECO TOURISM WE HAVE IN FRONT OF YOU. THE DEVELOPMENT SUMMARY AND JOSH TAYLOR WHO DREW THE PLANS AS HAS MENTIONED THIS BUT THE BASIC PARAMETERS OF THE ECO TOURISM ORDINANCE AT CDC SECTION FOUR POINT ONE DASH 330 PROVIDE NOW I HESITATE TO READ THEM TO YOU BUT THAT OPERATIONAL PLAN SHALL INDICATE THAT THE USE WILL ENHANCE THE ECO TOURISM EXPERIENCE AND INTENDED USERS IN REGARD TO THE RELATED WILDERNESS SETTING.

THEN IT HAS SPECIFICS OF THE MAXIMUM FLOOR AREA RATIO FOR EACH DEVELOPMENT SHALL BE ZERO POINT ONE OPEN SPACE RATIO OF AT LEAST 85 PERCENT IMPERVIOUS SERVICES NOT TO EXCEED 8 PERCENT FOR THE ENTIRE PROPERTY WE EXCEED ALL OF THESE REQUIREMENTS SUBSTANTIAL.

>> THEY HAVE DONE AN EXCELLENT JOB OF ENGINEERING AND PLANNING WHICH IS IMPORTANT THAT YOU ALL UNDERSTAND WHAT YOU'RE DOING TONIGHT WHICH IS A CONCEPT AND CONSIDERATION OF WHETHER OR NOT THIS CONCEPT THIS ECO TOURISM WELLNESS RETREAT WOULD BE APPROPRIATE.

WE'RE NOT HERE FOR A DEVELOPMENT PERMIT AND MANY OF THE ISSUES THAT I PREDICT YOU WILL HEAR ABOUT FROM THE PODIUM TONIGHT WILL BE ADDRESSED THE DEVELOPMENT PERMITS STAGE BUT THAT IS NOT WHAT WE'RE HERE ABOUT TONIGHT. WE ARE HERE TO DETERMINE WHETHER OR NOT A SPECIAL USE PERMIT SHOULD BE ISSUED FOR THIS PROJECT.

IT'S IMPORTANT TO NOTE THAT THE ORDINANCE SPECIFICALLY PROVIDES THAT LODGING IS APPROPRIATE IN ECO TOURISM PROJECTS AND WE HAVE 50 SMALL COTTAGES JOSH TALKED ABOUT WHICH ARE GOING TO BE PUT INTO THE TREE LINE. WE'LL WORK WE'RE PROBABLY NOT EVEN BE VISIBLE FROM THE SHORELINE. I THINK IT'S VERY VITAL TO UNDERSTAND THE DEVELOPER AND

THE TEAM. >> AND THIS IS ART CRIBBS WHO IS HERE ASSISTING ME ALONG WITH JOSH HAVE WORKED WITH NOT ONLY THE COUNTY STAFF BUT ALSO WITH THE COMMUNITY SINCE MAY OF 2019 . I HAVE HANDED UP TO HILLARY ASKED IN THE TIMELINE OF THE WORK THAT HAS BEEN DONE AND THERE ARE COPIES IN THERE FOR ALL OF YOU ALL BUT IT IS ABSOLUTELY I THINK WE'LL BE AFFIRMED BY THE STAFF THAT THEY HAVE THE DEVELOPER AND THE REPRESENTATIVE AND MYSELF HAVE SPENT AS MUCH TIME AS WE COULD WITH STAKEHOLDERS IN THE COMMUNITY ANSWERING QUESTIONS AND TRYING TO PROVIDE ANSWERS. BUT THE BOTTOM LINE FOR MANY PEOPLE HAS BEEN THEY SIMPLY DON'T WANT ANYTHING TO HAPPEN TO BAY POINT AND I HAVE TO STAND HERE AS BOTH A LAWYER AND AS REPRESENTATIVE OF THE DEVELOPER AND ADVISE YOU AND

[01:45:03]

THERE ISN'T REALLY ANY DISPUTE THAT THE PROJECT AS IT IS DRAWN MEETS ALL OF THE ECO TOURISM.

STANDARDS. SO THE NEXT THING I WANT TO JUMP TO IS THE ISSUE OF WHETHER OR NOT IT MEETS THE STANDARDS FOR SPECIAL USE PERMIT BECAUSE IT'S A TWO STEP PROCESS.

YOU ALL HAVE TO DECIDE WHETHER WE ARE ENTITLED TO A SPECIAL USE PERMIT BASED UPON THE STAFF'S RECOMMENDATION THAT WE ARE AGAIN IMPORTANT FOR YOU TO UNDERSTAND THAT AFTER 14 15 MONTHS AND I'M SORRY MY VOICE IS CRACKING AFTER 14 OR 15 MONTHS.

THE STAFF RECOMMENDS THE ISSUANCE OF A SPECIAL USE PERMIT FOR THIS ECO TOURISM WELLNESS RETREAT. YOU ALL ARE HERE TO LOOK AT FOUR ISSUES.

IS IT CONSISTENT WITH THE COMPLIANCE PURPOSES, GOALS, OBJECTIVES AND POLICIES APPLICABLE STANDARDS THAT THE DEVELOPMENT CODE INCLUDING STANDARDS BUILDING AND STRUCTURAL INTENSITIES. IS IT COMPATIBLE WITH THE CHARACTER OF THE LAND IN THE IMMEDIATE VICINITY? IS IS IT DESIGNED TO MINIMIZE ADVERSE EFFECTS INCLUDING VISUAL IMPACT ON THE PROPOSED USE ON ADJACENT LANDS? AND IS IT DESIGNED TO MINIMIZE ADVERSE IMPACTS ON THE ENVIRONMENT, TRAFFIC AND CONGESTION? NOW WE HAVE SUBMITTED A SUPPLEMENTAL NARRATIVE ON JULY THE 7TH THAT I HOPE EACH OF YOU HAVE THAT ADDRESSES EACH OF THESE STANDARDS AND I'M GOING TO JUST VERY QUICKLY PUSH THROUGH THEM BECAUSE I WANT TO REMIND YOU OF THEM FIRST DOESN'T MEET THE COMPREHENSIVE PLANS PURPOSES GOALS, OBJECTIVES AND POLICIES TO LOOK AT THIS.

>> YOU HAVE TO LOOK AT NOT ONLY THE COMP PLAN BUT ALSO THE BEAUFORT COUNTY, WHAT IS KNOWN AS THE NORTHERN VIEW FOR COUNTING REGIONAL PLAN. AND WE AS WE CONTEND THAT IT IS ABSOLUTELY CONSISTS WITH THIS KEEPING IN MIND THAT THE COMP PLAN IS ONLY A PUBLIC POLICY DOCUMENT THAT SETS FORTH THE GOALS AND OBJECTIVES OF THE COUNTY AND IS NOT THE TRUE CDC COMMUNITY DEVELOPMENT CODE WHICH HAS THE SPECIFICS THE COMP PLAN IS IMPORTANT BECAUSE IT SHOWS US WHERE WE WANT TO GO. AND IT SETS DOWN WHERE WE WANT TO GO. THERE ARE DIFFERENT ELEMENTS OF IT.

FOR EXAMPLE, THE LAND USE ELEMENT OF SPECIFIC SETS FORTH THAT ECO TOURISM IS APPROPRIATE IN THIS PARTICULAR ZONE AND IN THE COMPREHENSIVE PLAN IT CALLS FOR ECO TOURISM AND ITS ASSOCIATED LODGING THE NATURAL RESOURCES ELEMENT OF THE COMP PLAN.

DISCUSSES SPECIFICALLY HOW WE WANT TO TRY TO MOVE AWAY FROM SEPTIC TANKS IN THE COUNTY.

AND WE ALL KNOW WE SHOULD. WE WANT TO BUILD AN ECO TOURISM WELLNESS RETREAT WITH A PACKAGE PLANT ADHERING TO THE HIGHEST AVAILABLE TECHNOLOGY IN THE WORLD TODAY SO THAT WE DO NOT HAVE TO HAVE ANY SEPTIC TANKS ALL ON THAT PLAN. THAT IS OUR PLAN.

YOU CANHE BANK AND WE WILL PUT IT IN WRITING FOR THE DEVELOPMENT PERMIT STAGE THAT IS WHAT WE WANT. THE REASON THERE ARE SEPTIC TANK PLANS DRAWN IN THE ORIGINAL DOCUMENTS IS BECAUSE THERE WAS GIVE AND TAKE FROM THE STAFF AND FROM OUTSIDE INFLUENCES SUCH AS THE COASTAL CONSERVATION LEAGUE WHO PROVIDED INPUT URGING US TO PUT THE SEPTIC TANKS ON THERE. WE DON'T WANT TO DO IT AND WE WILL GO WITH A PACKAGE PLANT AS SOON AS WE POSSIBLY CAN. WE ALSO BELIEVE THAT THE PROPOSED PLAN MEETS THE NATURAL RESOURCES ELEMENT IN THAT THE NATURAL RESOURCES ELMO THE CURRENT PLAN CALLS FOR WILDLIFE AND HABITAT PROTECTION STANDARDS. COMPREHENSIVE PLAN RECOMMENDATION FOR THE OUTREACH AND COMPREHENSIVE PLAN RECOMMENDATION FOR BEACHES AND DUNES. EACH OF THESE IS MET THE GOALS OF THIS WELLNESS RETREAT.

WE ARE GOING TO HAVE EDUCATION PROGRAMS THAT WILL BE RUNNING FOR ALL OF OUR GUESTS.

WE ARE GOING TO BE PROTECTING THE SPECIES BECAUSE THAT IS WHAT MAKES THIS WELLNESS RETREAT WHAT IT IS. WE HAVE NO INTEREST FINANCIALLY OR OTHERWISE IN DESTROYING ANY OF THE NATURAL FAUNA OR HURTING ANY OF THE NATURAL WILDLIFE. IN FACT, THAT'S THE REASON

PEOPLE WILL COME FROM ALL OVER THE WORLD. >> IF YOU LOOK AT ANY OF THE SIXTH SENSE PROPERTIES AROUND THE WORLD ON THE INTERNET YOU'LL SEE THEY GET WORLD VISITORS. THIS IS AN OPPORTUNITY WHICH I'LL TOUCH ON IN A FEW MINUTES FOR THE GULLAH GEECHEE CULTURE AND ALL OF WHAT BEAUFORT COUNTY HAS TO OFFER TO GET INTERNATIONAL RECOGNITION WHICH WE BELIEVE IT WILL BRING THE CAMP PLAN URGES SMALL SCALE ENVIRONMENTALLY SENSITIVE TOURISM WHICH IS EXACTLY WHAT WE HAVE PLANNED ALSO ENCOURAGES

[01:50:06]

TRY TO FOSTER THE KIND OF TOURISM THAT WILL HELP. >> NOW I WANT YOU PLEASE TO LOOK AT IF YOU HAVE NOT THE MANAGEMENT PLAN OF THE GULLAH GEECHEE CULTURAL HERITAGE CORRIDOR WHICH IS SET FORTH IN DETAIL IN THE SUPPLEMENTAL NARRATIVE WHICH TALKS ABOUT HOW IMPORTANT IT IS IN THE MANAGEMENT PLAN OF THE GULLAH GEECHEE MANAGEMENT CORRIDOR TO REACH OUT AND TRY TO BRING IN MORE PEOPLE WHO CAN WHO CAN LOOK AND UNDERSTAND AND TOUCH THE NATIVE CULTURE THAT WE HAVE AND TO LEARN ABOUT IT AND TO TAKE IT BACK.

THEY SPECIFICALLY CALLS FOR ONE OF THE MAIN GOALS OF INTERPRETATION IS TO INSPIRE VISITORS TO BECOME STEWARDS OF THE RESOURCES THAT ARE BEING INTERPRETED IF VISITORS TRULY COME TO UNDERSTAND AND APPRECIATE. GULLAH GEECHEE HISTORY AND CULTURE. THEY WOULD BE ABLE TO DO THEIR PART AND PROTECTING THE RESOURCES OF THE QUARTER WHEN QUEEN QUEST SPOKE EARLIER. SHE TALKED VERY MOVING ABOUT THE CONNECTION OF THE GULLAH GEECHEE PEOPLE TO THE LAND. IF YOU TAKE A LOOK AT WHAT IS CURRENTLY PERMITTED AND COULD BE BUILT ON BAY POINT IOWA AND LOOK INSTEAD AT WHAT THIS WELLNESS RETREAT WILL BRING THE PROTECTION OF THE LAND, THE PROTECTION OF THE NATIVE SPECIES, THE PROTECTION OF THE FLOOR THAT WE WILL BRING TO THIS FIFTY ACRE TRACK IS MUCH MORE IN KEEPING WITH WHAT WE ALL SHOULD BE LOOKING FOR IN BEAUFORT COUNTY.

WE ALSO BELIEVE THAT THE PROPOSAL MEETS THE ECONOMIC DEVELOPMENT CONCEPT COMP PLAN TO CREATE A MORE DIVERSIFIED BUSINESS TAX BASE. WE WILL BE CREATING ABOUT 160 JOBS FULL TIME JOBS DURING CONSTRUCTION AND ABOUT 150 FULL TIME JOBS ONCE THE ECO WELLNESS RETREAT IS UP AND RUNNING. IT WILL BE A ACTUAL ABSOLUTE BENEFIT TO BE FOR COUNTY WITHOUT ANY DRAW ON ANY TAXPAYER DOLLARS WHATSOEVER. IT IS GOING TO BE A SELF-CONTAINED ECO TOURISM RETREAT. THE ENERGY ELEMENT OF THE CAMP

PLAN TALKS ABOUT TRYING TO MOVE TOWARDS SELF-SUFFICIENT ENERGY. >> COULDN'T BE ANY MORE IN LINE

WITH THAT. >> THIS IS A RETREAT THAT IS GOING TO HAVE ITS OWN ENERGY GOING TO GENERATE IT. IT IS GOING TO USE ITS WASTE FOR ORGANIC GARDENING.

THERE JUST IS AN AMAZING LAUNDRY LIST OF EFFORTS THAT THE DEVELOPER IS MAKING TO MAKE THIS ECO TOURISM WORK. WE HAVE OPEN SPACES AS JOSH TALKED ABOUT WHICH ARE EXTENSIVE OVER 95 PERCENT ONCE YOU GO THROUGH THE CURRENT PLAN.

THEN THE ISSUE BECOMES ARE WE AMENABLE TO THE COMMUNITY DEVELOPMENT? AGAIN, THE ECO TOURISM ASPECT, THE COMMUNITY DEVELOPMENT CODE IS SET FORTH AND WHAT WE HAVE IS A SITE PLAN ACCOMPANYING IT THAT SHOWS THAT ALL OF THE BUILDING STRUCTURES AND AMENITIES MEET THE NATURAL AND SCENIC QUALITIES THAT ARE REQUIRED UNDER THE TERMS OF THE ECO TOURISM ORDINANCE. THE OPERATIONAL PLAN IN ITS ALL OF ITS IMPORTANT DOCUMENTATION OF OUR EFFORTS TO PROTECT THE ANIMALS THE WILD, THE WILDLIFE AND THE WILDERNESS SETTING IS VERY IMPORTANT AND HAS SET FORTH. WE ARE GOING AGAIN TO BE LIVING OFF OF WHAT WE. THE DEVELOPMENT WILL BE FOCUSED 100 PERCENT ON THE NATURAL ENVIRONMENT THAT SURROUNDS THEY WILL BE DOING EVERYTHING THEY POSSIBLY CAN TO ENSURE THAT WE DON'T HURT ANYTHING THAT IS THERE THAT WE FOSTER THE SPECIES.

ONE OF THE BEST THINGS THAT YOU CAN DO WHEN YOU'RE EVALUATING WHAT SOMEONE WILL DO IN THE FUTURE IS LOOK AT WHAT THEY HAVE DONE IN THE PAST. AND IF YOU LOOK AT WHAT THE DNR REPORT IS BASED UPON WHAT THIS LANDOWNER HAS DONE WITH DNR OVER THE LAST 10 YEARS OF THE TURTLE POPULATION, YOU WILL SEE THAT OUR AFFIRMATIVE EFFORTS TO TRY TO PROTECT AND ENHANCE THE LOGGERHEAD LAKE HAS RESULTED IN A DRAMATIC INCREASE IN EGGS AND PRODUCTIVE EGGS THAT HAVE HATCHED AND GONE. IT IS A DRAMATIC INCREASE OVER THE LAST 10 YEARS BECAUSE WE HAVE ACTIVELY SOUGHT TO CLEAR THE BEACH OF TRASH. WE HAVE ACTIVELY SOUGHT TO CLEAR THE BEACH OF LOGS AND TREES THAT BLOW UP ON IT BECAUSE THIS IS AN AREA THAT CATCHES A LOT OF THAT AND THAT WILL BAR THE FEMALES OFTENTIMES FROM EITHER GETTING UP OR GOING BACK DOWN. BUT THE ACTIVE PROTECTION WE BELIEVE IS AN IMPORTANT ASPECT OF WHAT THE ECO TOURISM WILL ENABLE US. WE MEET EACH AND EVERY ONE OF THE THREE ACRE MINIMUM ASPECTS THE IMPERVIOUS SURFACES, ALL OF THAT IS MET.

[01:55:05]

>> THE PROPOSED ECO TOURISM USE ON BAY POINT AS OF THE FOURTH ONE IS DESIGNED TO MINIMIZE THE ADVERSE EFFECTS INCLUDING THE VISUAL IMPACT ON THE PROPOSED USE OF THE ADJACENT LANDS.

THIS IS WHEN YOU LOOK AT THE DRAWINGS BY MR. TAYLOR A PROJECT THAT WILL.

CAN YOU GO BACK TO THE BEGINNING ONE PLEASE? WHEN YOU LOOK AT IT YOU CAN BARELY YOU CAN SEE THAT YOU WILL BARELY SEE IT FROM THE BEACH IF AT ALL.

YOU WILL HAVE TO LOOK VERY HARD AS A PASSING BOAT OR COMING FROM THE FRONT TO BE TO EVEN CATCH A GLIMPSE OF WHAT WE ARE GOING TO HAVE THERE. IT WILL BLEND IN VERY MUCH WITH THE ADJACENT LANDS AND AGAIN THE ECONOMIC INCENTIVES OF US TO BUILD TO GO IN WITH THE ECO WITH THE TOURISM EXCUSE, WITH THE ECOLOGY THAT IS ALREADY THERE ARE VERY HIGH.

WE HAVE NO INTEREST IN BUILDING ANYTHING THAT DOES NOT MESH WITH THE LANDSCAPE VERY WELL WHICH IS ALREADY THERE AND ENHANCE THE ABILITY OF ALL OF THE SPECIES TO CONTINUE TO LIVE

AND HOPEFULLY TO DO BETTER EVEN THAN WHAT THEY ARE DOING NOW. >> THIS IS AS I SAID WHEN I BEGAN I KNOW A HIGHLY CONTROVERSIAL AND SOME GROUPS PROJECT.

WHAT I ASKED TONIGHT IS THAT YOU KEEP IN MIND THAT THE STAFF WHO YOU ALL KNOW WORKS VERY HARD HAS WORKED THIS PROJECT VERY HARD AND WE HAVE COME TO AN AGREEMENT AND THERE IS STAFF RECOMMENDATION FOR APPROVAL OF THE SPECIAL PERMIT. AND WE ASKED THAT THIS BOARD CONSIDER THIS TONIGHT. LISTEN TO THE PUBLIC COMMENT CAREFULLY UNDERSTAND THAT PUBLIC COMMENT IS ALWAYS IMPORTANT BUT THAT THERE ARE ALSO PRIVATE PROPERTY RIGHTS AND AT ISSUE HERE AND COME TO THE REALIZATION THAT THIS IS A GREAT OPPORTUNITY.

IT'S NOT SOMETHING THAT YOU HAVE TO FEEL EVER THAT YOU ACCEPTED BECAUSE THE CODE ALLOWS THE THIS IS A WONDERFUL OPPORTUNITY FOR BEAUFORT COUNTY TO CREATE AN ECO TOURISM WELLNESS RETREAT THAT WILL BE RULED RECOGNIZED QUESTIONS NOW. MR. CHAIRMAN, MR. TOM.

ANYONE ELSE HAVE ANY QUESTIONS? MR. CHAIRMAN, I HAVE A BUNCH OF QUESTIONS BUT I DON'T KNOW IF I

SHOULD WAIT TILL NOW OR AFTER PUBLIC COMMENT. >> YES.

WHAT? JUST THE TONE. WELL, A GOOD WEEK WAIT TO THE COUNTY HAS TO SAY FIRST. WE ALWAYS DO. WE'LL PROBABLY HAVE MORE THEN.

YES, SIR. ANYTHING ELSE, MR. CHAIRMAN? I KNOW.

HAVE YOU OR ANY ONE OF YOUR STAFF HAD THE OPPORTUNITY TO LOOK AT THAT PROPERTY? BECAUSE I VISIT THAT PROPERTY HERE IN THE LAST COUPLE OF WEEKS AND BY BOAT AND BY AIR AND REALIZE THAT THERE IS A LOT OF EROSION THAT'S GOING ON, A LOT OF TREES DOWN ARE BEING MADE. WOULD THAT HAVE. I'M QUITE SURE I'D HAVE SOME TYPE OF IMPACT ON THAT PROPERTY . I DON'T KNOW IF IT'S THE HIGH WATER LEVEL THAT'S ALL. BUT THAT'S CAUSING THE EROSION. BUT I DON'T KNOW IF YOU GUYS HAVE AN OPPORTUNITY AND IF IT IS THAT LIFT THAT EROSION. WHAT IS YOUR PLAN TO, YOU KNOW, MAINTAIN AND SECURE MR. MACK? THANK YOU. BECAUSE IT'S A GREAT QUESTION AND IT'S BEING TALKED ABOUT AND THERE'S A LOT OF SPECULATION OUT THERE.

YES, SIR. I HAVE BEEN ON THE I HAVE BEEN ON THE ISLAND WITHIN THE LAST SIX WEEKS. I WAS THERE LUCKY ENOUGH TO SEE ONE OF THE EARLY TURTLE TRACKS THAT CAME UP AND WENT BACK DOWN . BEAUTIFUL WAS ABLE TO TAKE SOME PICTURES. YES, THERE IS EROSION ON BAY POINT ISLAND BUT NOT AT ANY

[02:00:03]

I KNOW THERE'S GOING BE PLENTY BUT I'LL SIT DOWN AND LET ALL THESE HEAR FROM THE COUNTY.

THANK YOU AGAIN, MR. CHAIRMAN. VERY GOOD PRESENTATION BY MR. TAYLOR.

HE HIT MOST OF THE POINTS THAT I WAS PLANNING TO MAKE THIS EVEN IN ABOUT THE ECO TOURISM PROCESS THAT WE UNDERTOOK AND THE REQUIREMENTS OF THE CODE. HE DID STATE THAT STAFF HAD RECOMMENDED APPROVAL. THAT'S NOT THE ENTIRELY THE CLEAR PICTURE THAT HAS ACTUALLY DONE. WE KIND OF SAID THAT IN ORDER FOR ALL OF THE GREAT THINGS THAT THEY HAVE PUT DOWN ON PAPER ON A PLAN THAT THEY'VE DRAWN UP IN ORDER FOR ALL OF THOSE TO BE LEGITIMATE AND ENFORCEABLE AND FOR STAFF TO BE ABLE TO MONITOR AND REGULATE THE ACTIVITIES MOVING FORWARD. THERE IS GOING TO NEED TO BE A LOT OF CONDITIONS ATTACHED TO OUR RECOMMENDATION FOR APPROVAL AMONG THOSE OR IN YOUR ANALYSIS THAT YOU HAVE AS A CONSERVATION EASEMENT OF THE TWELVE HUNDRED ACRES OUT AT BAY POINT ONLY TWO HUNDRED NINETY FOUR OF THOSE ACRES ARE HIGHLAND AREAS OF THE TWO HUNDRED NINETY FOUR YOU'RE DEALING WITH A FOOTPRINT HERE OF ABOUT 50 ACRES SO YOU GOT TWO HUNDRED AND THIRTY ACRES OF PROPERTY OUT THERE WHERE A LOT

OF OTHER THINGS CAN OCCUR. >> IF I WERE YOU ALL AS A BOARD I WOULD BE ASKING WHAT YOU PLANNING TO DO WITH THE OTHER TWO HUNDRED AND THIRTY ACRES IF YOU'RE GOING TO BE IF THIS PLAN IS SO SUSTAINABLE AND GREAT AND MEETS THE REQUIREMENTS OF THE ECO TOURISM DEFINITION AND I WILL TELL YOU THAT THEY HAVE MET THE REQUIREMENTS OF THE ECO TOURISM DEFINITION AND THE COMMUNITY DEVELOPMENT CODE. I WILL ALSO TELL YOU THAT A LOT OF PEOPLE IN THIS ROOM FEEL THAT OUR DEFINITION OF ECO TOURISM IS RELATIVELY WEAK FROM A STANDPOINT ON WHAT

CONSTITUTES ECO TOURISM. >> THEY THE POSSIBILITY IS OCCURRING HERE THIS EVENING THAT THERE IS A GAME BEING PLAYED AND I WANT TO MAKE THAT PERFECTLY CLEAR THAT YES, THEY HAVE MET THE MINIMUM REQUIREMENTS FOR ECO TOURISM ON THIS 50 ACRES BUT THERE IS A LOT OF LAND OUT THERE LEFT THAT CAN HAVE OTHER THINGS BUILT UPON IT.

>> THAT'S THE REASON STAFF ASKED FOR A CONSERVATION EASEMENT TO BE PLACED ON THE REMAINING ACREAGE AND TURNED OVER TO AN ENTITY THAT CAN MONITOR AND ENFORCE AND REGULATE THE REQUIREMENTS OF THAT CONSERVATION. IN ADDITION TO THAT THERE HAVE BEEN COME OUT MONTHS MADE TO BIRDING GROUPS DNR OTHER GROUPS ABOUT ESTABLISHING FOUNDATIONS TO PROTECT THE AND PROMOTE TO ASSIST WOULD PROMOTE THE CULTURAL ASPECTS OF THE GOLDEN

EACH COMMUNITY AND ALL OF THAT AT THIS PARTICULAR POINT. >> THERE ARE NEW DETAILS TO THAT AND I AM NOT SAYING THERE SHOULD BE DETAILS TO THAT BECAUSE YOU CAN'T EXPECT FOLKS IN MY ROLE TO EXPAND A LOT OF MONEY AND DOING THINGS WHEN THEY AREN'T ENTITLED TO PROCEED

[02:05:01]

THERE ARE SUPPOSED TO BE AN ENTITY SET UP AND A FUNDING A FUND SET UP TO PROVIDE RESOURCES GRANTS FUNDING TO PROMOTE TOURISM AND HELPED PROMOTE THE GULLAH GEECHEE

CULTURAL ASPECTS OF THEIR WAY OF LIFE AND THEIR HISTORY. >> WHO'S GOING TO BE IN CHARGE OF THAT? WHO'S GOING OVERSEE THAT? WHO'S GOING TO REGULATE THAT? HOW IS THAT GOING TO WORK? IN ADDITION TO THAT THERE'S BEEN COMMITMENTS MADE THAT HEY, IF WE GET THIS ECO TOURISM THING WE'RE GOING TO LET THE PEOPLE THAT ARE INTERESTED IN DOING BIRD COUNT AND WILDLIFE COUNTS AND TURTLE COUNTS AND PROTECTING THE TURTLES COME OUT ON THE ISLAND AND DO THOSE COUNTS. WELL AGAIN.

HOW ARE THOSE AGREEMENTS GOING TO BE STRUCTURED? >> WHO'S GOING TO REQUIRE THEM TO BE DEVELOPED? WHAT ARE GOING TO BE THE TERMS AND ALL OF THAT? FINALLY THEY HAVE COMMITTED TO THE COUNTY THOSE OF US ON THE COUNTY STAFF BECAUSE WE ARE VERY CONCERNED AND HAVE BEEN VERY ALL ALONG AND STILL ARE CONCERNED.

I AM VERY CONCERNED ABOUT THE PUBLIC SAFETY ASPECTS OF THIS ISLAND.

IF THIS ECO TOURISM ISSUE IS APPROVED, THEY SAY THEY HAVE ALL OF THAT COVERED.

WE WERE SURE WE'VE TOLD THEM. CHIEF BRUCE CLINE AND MARSHALL NORTON HAVE WORKED HAND IN HAND WITH ME ON THIS FROM ALMOST DAY ONE AND I WANT TO COME IN THE. THEY ARE A NASA TO BEAUFORT COUNTY AND TO THE LADY'S ISLAND FIRE DISTRICT. THEY ARE TO BE COMMENDED FOR THE JOB THAT THEY DO AND FOR THE COOPERATION AND THEY'RE ALWAYS THERE FOR ME.

AND THAT'S A BIG THING TO HAVE. BUT THEY ARE BASICALLY WE'VE BASICALLY TOLD THESE FOLKS THAT HEY, SOMETHING HAPPENS OUT THERE IS GONNA BE A LONG TIME BEFORE WE CAN GET THERE.

WE'RE NOT WORRIED ABOUT THAT. WE'RE GONNA TRAIN OUR STAFF IN FIRST AID AND ONE PERSON IN THE FIRST SRT MEETING SAID OH, THAT'S NOT A PROBLEM FOR US BECAUSE YOU CAN WALK FROM BAY POINT ISLAND TO ST. HELENA. OKAY. MAYBE FOR LIKE 45 MINUTES DURING THE DAY. SO THOSE ARE ALL CONCERNS THAT WE HAVE THAT NEED TO BE ADDRESSED IN SOME FASHION. I WOULD ASK THESE QUESTIONS TONIGHT IF I WERE YOU ALL BECAUSE I WILL TELL YOU THAT THERE IS A POSSIBILITY IF STRUCTURED RIGHT AND I WILL STAND BEHIND MY RECOMMENDATION THAT IF IF THIS PLAN IS STRUCTURED RIGHT AND THE RIGHT MECHANISMS ARE PUT IN PLACE, THEN ECO TOURISM CAN OCCUR ON THAT ISLAND AND IT CAN BE AN EFFECTIVE AND A POTENTIAL ASSET TO THIS COUNTY AS FAR AS GENERATING REVENUE.

TOURISM DOLLARS, PEOPLE COMING OUT THERE AND IN AND ENJOYING THE ENVIRONMENT.

BUT THERE HAS TO BE A LOT OF THINGS ATTACHED TO MY RECOMMENDATION INSTEAD OF JUST STANDING UP HERE AND SAYING OH STAFF RECOMMENDED APPROVAL, WE RECOMMENDED APPROVAL WITH A CONSERVATION EASEMENT AND WITH SOME OTHER TYPE OF AGREEMENT THAT WAS IN PLACE THAT WOULD GIVE US THE ASSURANCES AND THAT WOULD REQUIRE THE BONDING THAT'S GOING TO BE NECESSARY.

SHOULD A HURRICANE BLOW THROUGH OR HAVE A NATURAL DISASTER OUT THERE AND THE COUNTY IS FACED WITH THE PROSPECT OF CLEANING UP A BUNCH OF DEBRIS AND THIS ISLAND AFTER IT'S BEEN ABANDONED BECAUSE THE PROPERTY OWNER AND DEVELOPER DECIDES THAT THEY'RE GOING TO WALK AWAY FROM IT. THERE IS SUCH A DOCUMENT IT'S A CONTRACT BETWEEN THE COUNTY AND THE DEVELOPER. I HIGHLIGHTED IT IN MY RECOMMENDATION.

AND THAT'S CALLED A DEVELOPMENT AGREEMENT. A DEVELOPMENT AGREEMENT HAS TO BE APPROVED BY THE COUNTY COUNCIL. SOME FOLKS AND I UNDERSTAND THEY'RE NERVOUS ABOUT HAVING TO DO THAT BECAUSE THERE IS NO GUARANTEE THAT THE COUNTY COUNCIL OR THE COUNTY WOULD BE INTERESTED IN ENTER INTO A DEVELOPMENT AGREEMENT.

BUT I THINK IT'S ABSOLUTELY INCUMBENT. IN THIS PARTICULAR CASE THAT IF YOU ARE GOING TO CONSIDER APPROVING THIS USE IN THIS ECOLOGICALLY SENSITIVE AREA WITH THIS TYPE OF HABITAT THAT YOU SEVERELY RESTRICT THE DEVELOPMENT FOOTPRINT AND THAT YOU REQUIRED THE DEVELOPER OF THIS ISLAND TO STEP UP TO THE PLATE AND PUT HIS CARDS ON THE

[02:10:04]

I'LL BE GLAD TO ANSWER ANY QUESTIONS THAT YOU ALL MAY HAVE.

LET ME SAY ONE ADDITIONAL THING BECAUSE YOU'RE PROBABLY GONNA HEAR TONIGHT SOME FOLKS COMING UP AND QUESTIONING ME AND MY RELATIONSHIP WITH THE INTERNATIONAL ECO TOURISM SOCIETY. I WOULD FEEL THAT IT WOULD BE REMISS OF ME TO NOT MENTION THAT ONCE I DENIED THE STAFF DENY THE ECO TOURISM PLAN AND NATIONALLY I WAS CONTACTED BY AN INDIVIDUAL BY THE NAME OF MR. JOHN BRUNO WHO IS THE DIRECTOR OF THE INTERNATIONAL ECO TOURISM SOCIETY. WE LIST THEM IN OUR ECO TOURISM SECTION OF OUR CDC AS AN ECO TOURISM PLAN MUST FOLLOW THEIR GUIDELINES. SO YOU REACH OUT TO ME AND THROUGH LINK DAN I REACHED OUT TO HIM. I SAID HEY I DON'T KNOW MUCH ABOUT ECO TOURISM SO I CAN REALLY USE SOME ADVICE. WOULD YOU BE WILLING TO SPEND 10 OR 15 MINUTES TALKING TO ME AND MY STAFF ABOUT WHAT WE NEED TO BE LOOKING FOR ON THIS ISSUE SO WE DON'T GET CAUGHT SIDEWAYS? MOVE ON FORWARD ON THIS IDEA? HE SAYS SURE, ABSOLUTELY. SO WE HAD A PHONE CALL. IT WAS MYSELF MISS AUSTIN AND ROB MERCHANT, THE DEPUTY PLANNING DIRECTOR AND JOHN BRUNO TOLD US ON THE PHONE THE PLAN THAT YOU HAVE BEFORE YOU RIGHT NOW IS NOT ECO TOURISM. YOU DID THE RIGHT THING BY DENYING THAT APPLICATION THEN SENT ANOTHER LETTER THAT SAID I HAD TALKED TO MR. BRUNO AND THAT MR. BRUNO SAID NOT ECO TOURISM AND I WAS GOING TO STAND BEHIND MY DETERMINATION THAT IT WAS ECO TOURISM. SO THEY REACHED OUT TO MR. BRUNO.

THEY BEING THE FOLKS THAT YOU'VE HEARD FROM THE NIGHT AND THEY SAID HEY, WILL YOU HELP US PUT TOGETHER A PLAN THAT THE COUNTY STAFF CAN REVIEW AND HOPEFULLY REVERSE THEIR PLAN? MR. BRUNO CALLED ME AND SAID HEY, ARE YOU OK IF WE DO THIS? I WAS LIKE IF IF YOU IF WE GOING TO DO THAT BECAUSE WE WERE JUST A FEW WEEKS AWAY FROM GOING THROUGH AN ADMINISTRATIVE APPEAL WHERE THEY HAD APPEALED MY DECISION TO YOU ALL TONIGHT TO DENY THE ECO TOURISM PLAN.

IF YOU'RE GOING TO DO THAT THEN I WOULD RECOMMEND THAT WE DEFER ACTION ON THE APPEAL TO SEE IF WE CAN WORK OUT THOSE ISSUES AND GET AN ECO TOURISM PLAN THAT MEETS ALL THE GUIDELINES AND SATISFIES YOUR REQUIREMENTS BEFORE WE GO FORWARD WITH THE APPEAL.

>> AND THAT'S WHAT WE DID AND OVER THE COURSE OF NEXT SEVERAL MONTHS MR. BRUNO AND I WORKED TOGETHER WITH STAFF AND HIS GROUP AND WORKED WITH THESE FOLKS TO CRAFT A PLAN THAT MEETS THE REQUIREMENTS FOR THEM AND FOLLOWS THEIR GUIDELINES FOR ECO TOURISM.

I DID NOT LOOK INTO MR. BRUNO'S BACKGROUND. I AM NOT REQUIRED TO LOOK INTO ANYONE'S BACKGROUND WHENEVER THEY CALL ME OR REACH OUT TO ME.

HE IS THE DIRECTOR OF THE INTERNATIONAL ECO TOURISM SOCIETY.

AND THAT'S ALL I NEEDED TO KNOW WHEN PEOPLE CALL ME ON MY PHONE IN MY OFFICE OR WANT TO TALK TO ME. I DON'T SAY HEY, I CAN'T TALK TO YOU OR HEY, YOU CAN'T BRING FORTH AN APPLICATION UNTIL I CHECK INTO YOUR BACKGROUND TO SEE IF YOU HAVE THE CORRECT CREDENTIALS BECAUSE HONESTLY I DON'T EVEN KNOW WHAT TYPE OF CORRECT CORRECT CREDENTIALS SOMEONE WOULD HAVE IN ORDER TO DO AN ECO TOURISM PLAN. THESE FOLKS COULD HAVE HIRED JOHN BRUNO AND HE HAD NEVER CONTACTED ME AND HE COULD HAVE PUT TOGETHER THE ECO TOURISM PLAN AND TURNED IT IN AND I WOULD HAVE NEVER EVEN KNOWN THAT MR. BRUNO WAS INVOLVED BUT

IT WOULD STILL COMPLY WITH THE REQUIREMENTS OF THE CEDARS. >> CDC FOR AN ECO TOURISM PLAN.

I WENT INTO A LOT DETAIL ABOUT THAT. I HOPE I WAS NOT GAMED ON THAT.

I COULD VERY WELL BE ON. BUT THAT'S NOT RELEVANT TO THE DISCUSSION FOR YOU ALL THIS EVENING. YOU ARE TOO. AS YOU KNOW SEE IF IT'S AN APPROPRIATE USE FOR THIS PARTICULAR ITEM FOR THIS PARTICULAR AREA OF THE COUNTY, IT DOES COMPLY WITH THE COMP PLAN. YOU'RE GOING TO HEAR PEOPLE SAY IT DOESN'T. IT DOES COMPLY WITH THE COMP PLAN AND IN MANY ASPECTS YOU CAN PROBABLY PULL ONE OR TWO LINES OUT OF THE COMP PLAN THAT SAYS IT DOESN'T BUT OVERALL IT DOES COMPLY. THE COMP PLAN IS CLEAR ABOUT THAT.

[02:15:02]

WE DID THAT ANALYSIS. >> SO YOUR TASK THIS EVENING IS TO CONSIDER THE APPROPRIATENESS OF THE USE AND THEN AS YOU'RE DOING THAT TO DECIDE IF THERE IS APPROPRIATE CONDITIONS THAT OUGHT TO BE IMPOSED TO MAKE SURE THAT THIS ECO TOURISM PLAN TOTALLY SATISFIES THE REQUIREMENTS OF ECO TOURISM AS SPECIFIED IN THE PURPOSE AND SPIRIT AND INTENT OF THE CDC.

WE WANT A GOOD PROJECT. WE WANT A SAFE PROJECT. IF IT'S GOING TO OCCUR OUT THERE. WE WANT THE IMPACT TO BE MINIMAL.

WE DO NOT WANT THIS TO OCCUR ON 50 ACRES AND THEN TO HAVE 25 OR 30 ADDITIONAL HOUSES OUT THERE ON THE ISLAND BECAUSE I DON'T THINK THAT'S THE PURPOSE AND INTENT AND SPIRIT OF ECO TOURISM. AND I WILL TELL YOU THAT AND I WOULD NOT SUPPORT THAT.

SO IF THAT IS WHAT'S GOING ON HERE, I DO NOT RECOMMEND THAT THIS APPLICATION BE APPROVED THIS EVENING. SO YOU ALL HAVE SOME ADDITIONAL QUESTIONS TO ASK FOR THE

DEVELOPER SWALLOW. >> BE QUIET NOW AND LET YOU ASK ME MY QUESTIONS SO YOU CAN GET DOWN TO FINISH UP WITH THEM. THAT'S ALL I HAVE. WISH YOU ALL HAVE ANY

ADDITIONAL QUESTIONS FOR ME. AGAIN, THANK YOU VERY MUCH. >> NO COMMENT.

THAT'S ALL RIGHT. GO AHEAD AND DO THE PUBLIC COMMENTS THE MR. THOMAS H.

GOOD. GOOD EVENING. MY NAME IS TOM HARRIS.

I AM EMPLOYED PARTIALLY BY POINT AND I'M NOW ON THE ISLAND .

I GO OUT MAYBE ONCE A WEEK OR SO. AND WHAT WE'RE DOING WHEN WE'RE OUT THERE IS WE'RE PICKING UP TRASH THAT BLOWS IN OFF IN THE OCEAN AND IT CATCHES ON IRELAND OVER THE COURSE OF A WEEK WE'RE GATHERING UP BUCKETS FOR WE'RE DOING WHAT WE CAN TO REMOVE THE TRASH THAT LANDS ON THAT ISLAND. AND I WOULD LIKE TO SEE FOR THE BENEFIT OF THE ISLAND THOSE EFFORTS BE ALLOWED TO BE INCREASED AND BE ALLOWED TO TRULY TAKE CARE OF THE ISLAND IN THE WAY THAT IT NEEDS TAKEN CARE OF.

AND FROM WHAT I'VE SEEN, THAT'S WHAT THE DEVELOPERS ARE TRYING TO DO AS WELL.

IT SEEMS LIKE WE ALL AGREE THAT BAY POINT NEEDS TO BE PRESERVED .

AND I THINK THAT THE PLAN HAVE BEEN DEVELOPED EXCUSE ME OF THE DEVELOPERS IS THE PROPER WAY THAT IF YOU HAVE ANY QUESTIONS FOR ME I'D BE HAPPY TO ANSWER. YOU SAID YOU ARE EMPLOYED BY THE EMPLOYEE. YES. HOW LONG HAVE YOU BEEN EMPLOYED OVER THERE? I HAVE LIVED IN BLUFFTON FOR FIVE MONTHS NOW AND I'VE BEEN EMPLOYED BY MARCUS. WHAT SIGNIFICANT CHANGE HAVE YOU SEEN WITHIN THE FIVE YEAR? WELL, YOU SAID FIVE MONTHS. YES. OH THAT'S RIGHT.

YOU WOULDN'T SEE ANY CHANGE. THANK YOU. ANYONE ELSE HAVE ANY QUESTIONS? THANK YOU. THIS IS A DOOZY. UH, LOBBY ANDERSON.

I BELIEVE THIS BUT IT IS 1 0 7 GRAYSON STREET. GOOD EVENING.

>> MY NAME. MY NAME IS RICHARD RISK. FIRST I WANT TO THANK YOU.

THANK YOU FOR YOUR PUBLIC SERVICE AND SERVING THE CONSCIENCE OF OUR COMMUNITY.

>> I'M THE DEMOCRATIC STATE SENATE CANDIDATE FOR DISTRICT 43 THAT INCLUDES BAY POINT.

I'M ALSO AN ATTORNEY OF 25 YEARS. I'VE TAUGHT AT THE UNIVERSITY.

I DON'T MEAN TO SUBSTITUTE MY JUDGMENT FOR YOUR STAFF. >> THEY WILL MAKE THEIR OWN

DECISIONS. >> THE BAY POINT DEVELOPMENT PERMIT SHOULD BE DENIED FOR MANY REASONS. THE MOST OBVIOUS BEING THE PROPOSED USE DOES NOT MEET EVEN A COMMONSENSE DEFINITION OF ECO TOURISM. THAT'S THE OBVIOUS AND LEGAL BASIS TO DENY THE PERMIT. IN ADDITION, THE PURPOSE OF IDENTIFYING GROUPS IN YOUR STATUTE IS NOT TO GIVE THEM DECISION MAKING AUTHORITY. THEIR CREDIBILITY LIKE ANY OTHER WITNESS THAT APPEARS BEFORE YOU IS FOR YOU TO WEIGH ,CONSIDER AND DISREGARD.

[02:20:01]

IF YOU FIND NOT CREDIBLE. >> HENCE THIS WHOLE DISCUSSION OF THE INTERNATIONAL ECO TOURISM ASSOCIATION. YOU CAN DECIDE AS THE JUDICIAL BODY.

WE FIND THAT WITNESS NOT CREDIBLE. BUT THE NEWS TODAY IS NOT NEWS . THE NEWS TODAY IS THAT BEAUFORT IS THE MOST VULNERABLE TO THE EFFECTS CARBON CAUSED CLIMATE CHANGE INCLUDING INCREASED STORM INTENSITY AND SEA LEVEL RISE WAS ON THE FRONT PAGE OF YOUR PAPER. THIS SCIENTIFIC FACT MUST FURTHER DRIVE YOUR DECISION TO DENY THE PERMIT AS THE IMPENDING SEA LEVEL RISE VIOLATES THE BASIC GOALS, OBJECTIVES AND FIRST PRINCIPLES OF LAND USE THOSE THAT ARE SET FORTH SPECIFICALLY YOUR SPECIAL USE STATUTE BECAUSE CLIMATE SCIENCE DIRECTLY AFFECTS THE ISSUE TODAY. B POINT WILL SOON BE SUBJECT TO THE SAME FATE AS HARBOR ISLAND.

THE SEA LEVELS ARE RISING AND AS THE GOOD BOOK SAYS IT'S FOOLISH TO BUILD UPON SHIFTING SANDS LET ALONE WITH FLOOD WATERS RISING. AS A FORMER FORTUNE 500 TAX ACCOUNTANT I CAN TELL YOU WE USED TO SAY BE WARY OF LIABILITIES DISGUISED AS ASSETS

. >> BAY POINT WILL ONLY BE A LIABILITY TO THIS COUNTY AND THIS COMMUNITY AND ULTIMATELY THE STATE WHEN IT'S UNDER WATER PHYSICALLY AND FINANCIALLY.

THE STATE AND THIS COUNTY WILL INCUR AN OBLIGATION OF DEFENSE. TAKE A LOOK AT THE MILLIONS BEING SPENT IN THE DEFENSE OF HUNTING ISLAND. HOW MUCH WOULD NEED TO BE SPENT TO DEFEND BAY POINT? THIS IS THE PRECAUTIONARY PRINCIPLE.

DR. DUSTIN EXPLAINED SO ELOQUENTLY PLANTATION COASTAL CONSERVATION LEAGUE SCIENCE AND

GOOD STEWARD SHIP OF THE LAND'S DEMAND. >> YOU AS A BODY STOP INCURRING LIABILITIES ON BEHALF OF THE COUNTY AND STATE SPOILING NATURAL TREASURES WITH RECKLESS DEVELOPMENT AS PART OF THE REASON THE SEA LEVELS ARE RISING IN THE FIRST PLACE.

LAST BUT CERTAINLY NOT LEAST PUBLIC POLICY FURTHER DEMANDS DENIAL.

THE GULLAH GEECHEE COMMUNITY AND THEIR PEOPLE HAVE ENDURED RECKLESS DEVELOPMENT THAT HAS ENCROACHED AND TAKEN AWAY SO MUCH FROM THEIR LANDS, THEIR CULTURE.

THIS IS ONE MORE ATTEMPT DIMINISHING THEM FURTHER DIMINISHES US ALL AND THEIR CULTURE CANNOT BE REPEATED NOR CAN IT BE SEPARATED FROM THE LANDS THAT ARE A POINT.

PLEASE DENY THIS PERMIT EMBRACE SCIENCE, PROTECT WHAT IS CERTAINLY NOT CONSISTENT WITH THE FIRST AND GUIDING PRINCIPLES OF LAND USE AND THE SPECIAL USE STATUTE.

THANK YOU FOR YOUR TIME AND CONSIDERATION. >> MORE THE PARK THE MORE 310

NEWSGROUP. >> GOOD EVENING. >> MY NAME IS PARKER MOORE.

I LIVE IN DOWNTOWN UTAH AND I AM ARDENTLY OPPOSED TO THE PROPOSED RESORT.

ON A POINT ISLAND AND TO THE BOARD'S ISSUANCE OF A SPECIAL USE PERMIT FOR ITS STAND BEFORE YOU TONIGHT AND A BIT OF AN UNCOMFORTABLE IN A VERY UNFAMILIAR POSITION I'M A PROJECT DEVELOPMENT LAWYER FOR THE COUNTRY'S LARGEST ENVIRONMENTAL LAW FIRM.

I CHAIR THE FIRM'S NATURAL RESOURCES PROJECT DEVELOPMENT PRACTICE GROUP.

I ALSO CHAIR THE FIRM'S WETLANDS ENDANGERED SPECIES IN NEPA PRACTICE GROUP AN EXCLUSIVE WE REPRESENT INDUSTRY CLIENTS PRIMARILY DEVELOPERS. I DO THAT TO GET THEM THEIR PERMITS AND HELP THEM BUILD THEIR PROJECTS AND THEN DEFEND THEM AGAINST COMMUNITY CHALLENGE. SO I'M NOT A COMBAT ENVIRONMENTALIST.

>> I'M NOT AN MBA. I DON'T FIGHT AGAINST EVERY PROJECT THAT COMES ALONG AND

IT'S JUST THE OPPOSITE. >> I'VE BEEN THE LEAD ENVIRONMENTAL ATTORNEY FOR SOME

OF THE COUNTRY'S MOST CONTROVERSIAL PROJECTS. >> THEN THE REASON I REPRESENT THEM IN EVERY CASE THERE'S ROOM FOR REASON. REASONABLE MINDS TO DISAGREE.

THAT IS NOT THE CASE HERE. >> THAT IS NOT THE CASE FOR ANY RESORT ON BAY POINT ISLAND AND THERE'S GOOD REASON FOR THAT. NO MATTER HOW YOU LOOK AT IT AND BELIEVE ME I HAVE A LOOK.

ANY OBJECTIVE EVALUATION OF THE PROPOSAL CAN LEAD TO ONLY ONE CONCLUSION.

[02:25:03]

>> THIS PROJECT CANNOT LEGALLY BE BUILT NOW. I SUBMITTED A LONG SET OF COMMENTS TO YOU YESTERDAY. I APOLOGIZE FOR THE LENGTH BUT THERE WAS A LOT TO COVER.

EVERY STONE YOU UNCOVER WITH THIS EVERY STONE YOU TURN OVER REVEALS ANOTHER PROBLEM.

THERE ARE MORE PROBLEMS WITH THIS PROJECT THAN THERE ARE ENDANGERED SPECIES.

ON MAY POINT AT THE FEDERAL LEVEL I HIGHLIGHTED FIVE OF THE MOST OBVIOUS LEGAL DEFECTS AND I KNOW YOU GUYS DON'T ENFORCE FEDERAL LAW. THANK GOD YOU'RE NOT A FEDERAL AGENCY. BUT WHAT IS IMPORTANT IS THAT THERE ARE DIRECT PARALLELS BETWEEN FEDERAL ENVIRONMENTAL LAW AND THE COMMUNITY BUILDING CODE FOR COMMUNITY DEVELOPMENT CODE THAT YOU ENFORCE AND THE STANDARDS THAT APPLY TO YOUR DECISION TONIGHT.

IT IS ALMOST LIKE THE THE DRAFTERS OF THE COMPREHENSIVE PLAN AND THE COMMUNITY DEVELOPMENT CODE FOLLOWED THE ENVIRONMENTAL LAWS AND MODELED THEM DIRECTLY AFTER IT.

>> SO WHAT THE FEDERAL ENVIRONMENTAL LAWS SAY IS EXTREMELY IMPORTANT AND EXTREMELY RELEVANT TO YOUR DECISION TONIGHT. THE ENVIRONMENTAL LAWS THAT APPLY TO THIS THING SHOWED THAT IT WOULD BE PERHAPS THE WORST VIOLATION OF THE CAIN OF ENVIRONMENTAL JUSTICE. THIS SIDE OF FLINT FLINT, MICHIGAN IT WOULD DESTROY A MAINSTAY OF THE GULLAH COMMUNITIES CULTURAL HERITAGE. IT ALSO CANNOT MEET THE REQUIREMENTS OF THE COASTAL ZONE MANAGEMENT ACT BECAUSE THE DEVELOPERS WOULD BE UNABLE TO CERTIFY WITH THE STATE'S COASTAL MANAGEMENT PLAN AND ITS CONSISTENCY WITH THAT.

CAN YOU WRAP IT UP IN 30 SECONDS? I'LL GIVE IT MY BEST.

IT ALSO POSES A LEGITIMATE RISK OF CRIMINAL LIABILITY TO THE DEVELOPERS UNDER THE MIGRATORY BIRD TREATY ACT BECAUSE THE LAND CANNOT BE CLEARED WITHOUT KILLING BIRDS A THOUSAND OF WHICH LIVE ON THE ISLAND AND DEVELOPERS WON'T EVEN COMMIT TO THE MOST BASIC CONSERVATION MEASURES THAT EVERY EVERY COMPLIANT PROJECT IN THE COUNTRY FOLLOWS TO AVOID.

JUST THAT FATE EVEN IF THEY DID THE RESORT COULDN'T BE OPERATED IN COMPLIANCE WITH THE STATUTE.

EVERY EXPERIENCED DEVELOPER THAT I'VE EVER COME ACROSS EVERY EXPERIENCE DEVELOPER WORTH HIS SALT KNOWS THAT YOU DO NOT PUT A SOLAR FARM IN THE MIDDLE OF A BIRD REFUGE UNLESS YOUR PROJECT IS AS A GOAL OF KILLING EVERY BIRD THERE. THAT ALSO MEANS THAT THIS PROJECT CAN'T BE DEVELOPED IN COMPLIANCE WITH THE ENDANGERED SPECIES ACT BECAUSE FOR THE BIRD SPECIES THAT LIVE THERE ARE LISTED AS THREATENED OR ENDANGERED.

AND SINCE FEDERAL PERMITS WOULD BE REQUIRED FOR THIS PROJECT IT MEANS SECTION 17 CONSULTATION IS GOING TO APPLY AND IT'S NOTABLE THAT THE U.S. FISH AND WILDLIFE SERVICE HAS DESIGNATED BAY POINT ISLAND AS CRITICAL HABITAT FOR ONE OF THE FOUR LISTED SPECIES THAT NETS THERE BECAUSE THE MORE GREAT INFORMATION. BUT IN TERMS SO AND ONE MORE POINT OF VIEW YOU REALLY 10 SECONDS. ALL RIGHT.

THIS APPLICATION NOT ONLY FAILS THE ENVIRONMENTAL LAW, IT FAILS EVERY ASPECT OF THE THAT THE THAT THE BOARD MUST COMPLY WITH UNDER THE COMMUNITY DEVELOPMENT CODE.

IT'S NOT ONLY INCONSISTENT WITH THE PURPOSES, GOALS, OBJECTIVES AND POLICIES OF THE COMPREHENSIVE WHEN IT IS THE EXACT ANTITHESIS OF IT. IT'S NOT JUST INCOMPATIBLE WITH A PRISTINE NATURAL CHARACTER EIGHT POINT ISLAND IT WILL ERASE IT AND IN ADDITION TO THE MANY FEDERAL ENVIRONMENTAL LAWS THAT IT WILL VIOLATE, IT WOULD VIOLATE COUNTLESS PROVISIONS OF THE CODE ITSELF. WHAT'S MORE, THERE'S NOTHING THAT DEVELOPED LAWYERS CAN DO TO SALVAGE THIS PROJECT. THINK IT'S THE WRONG PROJECT IN THE WRONG PLACE?

THANK YOU MR. DOUG TORRES. >> MINUTES START. YES, SIR.

MY NAME IS JOHN TRASK. CARRY OUT. MR. TAYLOR IS ABSOLUTELY RIGHT.

THIS IS 100 PERCENT YOURS DECISION TO MAKE. YOU ARE NOT OBLIGED TO TAKE STAFFS. WHAT I FIGURED WAS WISHY WASHY ACCEPTANCE.

HE'S ALSO RIGHT IN THAT THIS IS PRIVATE PROPERTY AND THEY HAVE PRIVATE PROPERTY RIGHTS AND THOSE RIGHTS BEGIN WITH WHAT YOU ARE CHARGED WITH ENFORCING AND THAT IS SECTION SEVEN POINT TO POINT ONE THIRTY OF THE SPECIAL PERMIT CODE. FIRST OF ALL THE APPLICATION IS NOT INDEED CONSISTENT WITH THE COUNTY'S COMPREHENSIVE PLAN PURPOSE GOAL OBJECTIVES AND POLICIES. THE VERY INTENSE NATURE OF THIS PROPOSED DEVELOPMENT 50 RESIDENTIAL UNITS A WELLNESS CENTER CENTER GYM HELIPAD WILL SUBSTANTIALLY CHANGE THE

[02:30:07]

SURVIVE AS IT IS. >> THIS IS NOT ECO TOURISM ECO TERRORISM MAYBE A LITTLE BIT MORE LIKE IT. THIS IS ABOUT A LUXURY RESORT NOT ABOUT TOURING AN ECOLOGICALLY SENSITIVE PLACE. CERTAINLY THE CURRENT PLAN WAS NOT WRITTEN TO ENCOURAGE THE FIERCE AND VIGOROUS DEVELOPMENT OF BAY POINT IS NOT COMPATIBLE WITH THE LAND IN THE IMMEDIATE VICINITY. NUMBER TWO A STROLL ACROSS THE HAMMOCKS OF ST. PHILLIP'S ISLAND UPON WHICH TED TURNER PLACED A CONSERVATION EASEMENT DECADES AGO SPENDING A NIGHT AT THE CAMP ON PRITCHARD'S ISLAND WHERE TURTLE RESEARCHES CONDUCTED WHILE WALKING ALONG THE SHIFTING SANDS OF CAPERS OR HUNTING ISLAND WILL CERTAINLY ILLUSTRATE WHAT THE LAND IN THE IMMEDIATE VICINITY IS LIKE ON THE TENS OF THOUSANDS OF ACRES OF HIGH LAND AND MARSH THAT SURROUND BAY POINT. THERE ARE A HANDFUL OF FISH CAMPS THE INSENSITIVE CYCLING NUMBER THREE THE INSENSITIVE SITE PLAN IS NOT DESIGNED TO MINIMIZE VISUAL ADVERSE EFFECTS OR ADVERSE EFFECTS TO THE ENVIRONMENT GOVERNMENTS, SERVICES AND CONGESTION.

FOR MORE CYCLING, CRAIG THE ONLY WATER ACCESS POINT TO THE ISLAND YOU CAN SEE THROUGH THE TREES TO THE ATLANTIC. CERTAINLY THE APPROXIMATELY 60 PLUS BUILDINGS WOULD BE VISIBLE FROM ANYWHERE ON OR AROUND THE ISLAND. HUMAN AND MECHANICAL TRAFFIC WILL BE CUSTOMARY AND REGULAR IN ORDER TO SHOW THE THOUSANDS OF VISITORS PER YEAR ALONG WITH THE DOZENS OF COMMERCIAL BUSINESSES AND CONTRACTORS ASSOCIATED WITH THIS LARGE SCALE DEVELOPMENT. THE VISUAL BEAUTY AND THE NATURAL DEMEANOR OF THE ISLAND WILL HAVE IMMEDIATE UNFORTUNATE AND IRREVERSIBLE CONSEQUENCES. LAST, IT SHOULD BE POINTED OUT THAT MR. GREENWAY AND HIS STAFF REVERSED THEIR INITIAL DENIAL OF THIS PERMIT DUE TO A LETTER FROM AN ALLEGED REPRESENTATIVE OF A DISCREDITED ORGANIZATION CALLED TAIZ THE BAY POINT DEVELOPERS PAID TOPICS BY MR. BRENNER'S OWN ADMISSION TO WRITE THE LETTER THAT STAFF RELIED WHEN THEY REVERSED THEIR DECISION IN ORDER TO GET THEIR DEVELOPMENT DESIGNATED AS ECO

TOURISM. >> PLEASE CONSIDER THE DANGEROUS PRECEDENT THAT MAY BE

SET BY ACCEPTING DUBIOUS &-PY STORAGE FROM THE SOLAR CELLS. >> THERE WILL ALSO BE METHANE

[03:13:13]

[03:13:18]

[03:13:28]

[03:13:35]

[03:13:41]

[03:13:47]

[03:13:53]

[03:14:00]

ALL RIGHT. SIR, ON THE PLANS THERE IS NOWHERE DOES IT SHOW BATTERY STORAGE. IT DOESN'T SHOW POWER DISTRIBUTION NOR IS IT IT SHOW ANY CONVERTERS CONVERTERS MAKE ALL THAT HAPPEN. AND THAT IS CORRECT BECAUSE THIS IS A CONCEPTUAL LEVEL PROPOSAL AT THIS POINT. THERE'S NO DETAILS ON HOW EXACTLY EVERYTHING IS GOING TO WORK AT THIS POINT. YES.

SIR. BUT WOULDN'T THAT INCREASE THE FOOTPRINT? NO, SIR. YOU HAVE TO STORE THOSE BATTERIES IN SOME SOMEWHERE.

SO IF YOU IF YOU LOOK HOW THE SOLAR PANELS ARE ACTUALLY INSTALL IT, THEY'RE INSTALLED IN ACTUAL FIELDS THAT ARE ABOVE THE GROUND AND ABOVE THAT GROUND THERE'S AREA ENOUGH TO PUT ALL OF THAT. AND SO HOW MANY BATTERIES WOULD THAT BE? I CAN TELL YOU OUT OF MY MEMORY BUT WOULD BE SUFFICIENT TO PROVIDE MORE THAN ENOUGH A

[03:15:02]

AND THAT'S WHY IT'S BEEN PRESENTED. YES, IT HOW MANY GENERATORS ARE

GOING TO BE ON YA? >> IT HASN'T BEEN DEFINED AT THIS POINT.

OKAY. IT'S CONCEPTUAL. SO IS THERE GOING TO BE PROPANE OR METHANE GENERATORS, CORRECT? CORRECT. BECAUSE SOME OF THE FUEL FOR THE METHANE WILL BE WILL BE PRODUCED OUT OF THE WATER TREATMENT THAT MR. MINER SPAIN TOOK US IN. OBVIOUSLY YOU'RE GOING TO HAVE TO HAVE PROPANE STORAGE.

YES, SIR. THAT'S NOT ON THE PLANS. NO, WE CAN YEAH.

I THING I GOT THERE'S SOME CONFUSION OVER 10 SEPTIC TANKS VERSUS A WASTE TREATMENT PLANT JUST LET ME INTRODUCE MR.. MR. MINOR. HE'S OUR ENGINEER.

THE. >> HI. MY NAME IS JOSEPH MINOR.

I'M AN ENGINEER WITH HER TO ASSOCIATE. I'VE BEEN INVOLVED IN A PROJECT FOR THE PAST TWO YEARS I GUESS IN PROVIDING SOME CONCEPTUAL COST OF IDEAS OF WHAT KIND OF SEWER WATER STORMWATER TREATMENT WE'RE GONNA HAVE. THE AS WAS MENTIONED BY MR. TAYLOR WE ORIGINALLY CAME INTO THIS PROJECT. MY FIRM HAD DONE A CONCEPTUAL FEASIBILITY ANALYSIS IN 2015 THAT INDICATED USING A CENTRAL TREATMENT PLANT FOR SEWAGE.

AFTER WE DISCUSSED WITH THE COUNTY AND WE'RE APPROACHED BY SOME OF THE OUTSIDE GROUPS, IT WAS MENTIONED THAT IN ORDER TO MAKE IT MORE OF A FEASIBLE PROJECT WE SHOULD GO WITH WHAT HECK WILL PERMIT MORE REGULARLY. SEPTIC IS WHAT THEY DO.

NO MATTER HOW WRONG IT MIGHT BE TO PUT SEPTIC ON THEIR SEPTIC WILL BE MORE LIKELY TO BE APPROVED FOR MOST OF THESE USES AND IN MANY THAT THE COMMERCIAL USES THEY HAVE SEPTIC FIELDS.

SO WE PUT THAT ON THERE A SHOW THAT WE DO INDEED HAVE A VIABLE WAY TO DISPOSE OF OUR SEWAGE.

>> OUR PREFERENCE IS THAT WE HAVE A CENTRAL TREATMENT PLANT. THAT TREATMENT PLANT AS YOU CAN SEE THE DIFFERENCE BETWEEN ON THE SLIDE OF UP THERE THE DIFFERENCE BETWEEN WHAT GOES OUT OF A SEPTIC TANK WHICH IS THE FIRST BROWN ONE AND WHAT COMES OUT OF A TREATMENT PLANT IS NIGHT AND DAY. WE WILL BE HAVING THE CLEAR WATER ON THE RIGHT HAND SIDE OF THAT PICTURE THAT WILL BE DONE THROUGH A PLANT THAT WILL USE A MEMBRANE BIOREACTOR IN ORDER TO TREAT THE SEWER DOWN. AND IT'S A BIOLOGICAL PROCESS SIMILAR TO THE TREATMENT PLANTS THAT ARE OUT THERE. THERE ARE DOZENS OF THESE AROUND THE AREA.

THERE ARE THOUSANDS AND THOUSANDS OF THESE THROUGHOUT THE NATION THAT TREAT WATER ON A REGULAR BASIS WHEN THE WATER IS TREATED. WE WILL BE TAKING THAT TREATED WATER AND WE WILL BE PUTTING IT INTO A REUSED WHETHER IT'S TO WASH DOWN OUR HEARTS, TO WASH

DOWN PATHWAYS OR TO IRRIGATE. >> IT'S THE SAME EXACT METHOD THAT YOU FOR JASPER WATER AUTHORITY USES. THEY DON'T JUST TREAT IT, THEY RECLAIM IT.

AND THESE ARE THE SEED SIMILAR SYSTEMS AND TO ART'S QUESTION ABOUT THE THE SOLAR AT THIS STAGE OF THE GAME WE HAVE NOT DONE ANY DESIGN ANY OF THESE FACILITIES SEWER OR WATER POWER WE HAVE CONCEPTUAL TO PROVE THAT IT'S FEASIBLE. THE ACTUAL DESIGN AS MR. GREENWAY HAD STATED WILL COME DURING THE LAND DEVELOPMENT PROCESS WHERE WE WILL SUBMIT THESE DESIGNS IN DETAIL FOR REVIEW BY THE PROFESSIONAL STAFF OF THE COUNTY TO DETERMINE WHETHER THEY ARE ADEQUATE, WHETHER THEY ARE SUFFICIENT, HOW MANY OF THEM ARE GOING TO BE THERE. THE FOOTPRINT THAT WE SHOW ON THE PLANS FOR THE WATER, FOR THE SEWER, FOR THE STORM, FOR THE ELECTRIC WE WILL WE BE BOUND BY ANY CONDITIONS THAT YOU MAY PUT ON OUR FOOTPRINTS AND WE WILL MEET THAT BASED ON THE CONCEPTUAL PLAN THAT WE HAVE SO THAT TO GO BACK REVERSED ORIGINAL QUESTION NO, WE WILL NOT BE USING SEPTIC FOR

THIS. >> THAT WAS SOMETHING THAT WAS A CONCEPTUAL FEASIBILITY IN ORDER TO PROVE THAT WE DID HAVE A VIABLE WAY IN ORDER TO GET THE ABILITY TO PROVE THAT WE CAN DO SOMETHING ON THIS ISLAND. WE HAVE FURTHER REFINED IT AS WE WANTED TO DO FROM THE BEGINNING INTO A CENTRAL TREATMENT PLANT SO THAT WE WILL BE ABLE TO MANAGE CONTROL AND ADEQUATELY PRESERVE THE AREA. AND THERE IS A SHORT VIDEO WE HAVE THAT JUST SHOWS THE PROCESS IF YOU WANT ME TO RUN IT THERE.

[03:20:01]

SO IS THIS LIKE A TREATMENT PLAN? YEAH.

BASED AND YOU CAN SEE IN THE PICTURE UP THERE IT DOESN'T NEED TO RUN THE VIDEO.

IT GOES TO SOME INITIAL SETTLING WITH WHICH IS SIMILAR TO A SEPTIC TANK.

AS FAR AS THE THE IT SETTLES OUT THE BIG PIECES, THE OUTFLOW FROM IT GOES INTO A TANK WHERE IT GOES TO FURTHER PRE TREATMENT THAT GOES THROUGH AERATION AND THEN IT GOES THROUGH FILTERS AND THESE FILTERS ARE SIMILAR TO WHAT YOU WOULD HAVE UNDER YOUR SINK IN A WATER FILTER COLUMN. AND THIS CERAMIC SYS COLUMN OF FILTERS THAT WILL CREATE A MEDIA FOR BIOLOGICAL ACTIVITY AND THEN THE WATER IS TAKEN UP AND GETS DISCHARGED OUT THE END AFTER IT GOES THROUGH THE USUAL TREATMENT OR THROUGH THE MEMBRANE BIOREACTOR TREATMENT PROCESS. HOW LARGE IS THAT PLAN? HOW LARGE IS THAT BUILDING?

>> THE SIZES THAT WE HAVE ESTIMATED RIGHT NOW ARE 40000 GALLONS PER DAY.

AND THAT'S COMPARED TO A TREATMENT PLANT THAT YOU MIGHT LOOK AT.

ON HILTON HEAD ISLAND HAS A TREATMENT PLANT TO FUSCA HAS A SEWAGE LAGOON ON UNDER FUSCA AND OTHER AREAS AROUND THERE. YOU'RE TALKING ABOUT ONE HUNDRED THOUSAND A HALF A MILLION GALLONS A DAY. SO WE ARE SUBSTANTIALLY LESS THAN THAT.

THE SIZE OF THE ACTUAL FACILITY IS REMAINS TO BE SEEN. HOWEVER, THESE FACILITIES CAN BE PLACED INSIDE A BUILDING AND WE DO HAVE ADMINISTRATIVE AND MAINTENANCE BUILDING AREA WHERE WE HAVE THIS FOOTPRINT SET OUT FOR A TREATMENT PLANT OF SOME KIND.

IN GENERAL THE MEMBRANE BIOREACTOR SYSTEM IS A SERIES OF TANKS AND A SERIES OF PUMPS WITH PIPES TO GO TO THAT THE BIGGEST AREA IS THE TANKS FOR THE SETTLING AND FOR THE OPERATION WHICH COULD BE SELF-CONTAINED WHETHER IT'S GOING TO BE UNDERGROUND OR WHETHER IT'S GOING TO BE JUST SLIGHTLY ABOVE GROUND IT ALL DEPENDS ON DESIGN THAT I DON'T HAVE THAT INFORMATION FOR SPECIFICS RIGHT NOW BUT THE TECHNOLOGY IS PRETTY STANDARD AND MANY SMALL COMMUNITIES IN RESORT AREAS ALL AROUND THE EAST COAST USE THESE TYPES OF PACKAGE PLANTS THAT ARE ABLE TO BE BROUGHT IN IN PARTS AND IN THE IN THE END IT'S A PRETTY STABLE TECHNOLOGY. THANK YOU. THANK YOU.

IS ALL OF YOUR UNITS THAT'S OWNED THIS PROPERTY GOING TO BE CHANNELED TO THIS?

>> YES. THIS IS THIS IS FOR THE ENTIRE TERRITORY, THE ENTIRE ECO

TOURISM FACILITY AND IT COULD BE EXPANDABLE IF NECESSARY. >> IT'S IT'S A MODULAR TYPE SYSTEM. AND WHAT DID YOU SAY YOU USE WAS FOR THIS RAN THROUGH THIS TREATMENT CENTER HERE? WAS IT BECOMES CLEAR. I'M SORRY TO SAY THAT YOUR USE IS WHAT WILL YOU USE THIS? NO, THE EFFLUENT FOR IT WE'RE GOING TO BE USING THE EFFLUENT FOR ITS REUSE FLUSHING TOILETS AS ONE ONE WAY THAT YOU CAN REUSE THAT SO YOU DON'T HAVE TO HAVE AS MUCH OF A DEMAND FOR THE POTABLE WATER AND THE WELL WATER THAT YOU'RE USING.

>> WE CAN USE IT FOR IRRIGATION PURPOSES. WE CAN USE IT FOR WASH WATER.

YOU'RE GOING TO HAVE FACILITIES ARE GOING TO BE WASHED DOWN AND THAT'S ACTUALLY ONE OF THE THINGS THEY TALK ABOUT IN THE B4 JASPER WATER AUTHORITY THAT THEY USE THEIR TREATED EFFLUENT FOR AND IT CAN BE ALSO USED AS A THE ABILITY TO WASH DOWN THE BUILDINGS YOU GET THE MOSS AND THINGS WHERE YOU HAVE TO WASH DOWN BUILDINGS AND KEEP THE MAINTENANCE OF THE FACILITIES CLEAN. SO IT'S JUST NOT FOR DRINKING AND IT'S NOT FOR SHOWERING.

THOSE ARE THE THINGS YOU'D HAVE TO RAISE IT TO A HIGHER LEVEL. THIS IS ALMOST DRINKING WATER QUALITY EFFLUENT WE'RE TALKING ABOUT. SO YOU'RE USING WHAT IS JUST BEING RICH JUST SO. YES. WHICH WILL.

AND JUST TO GO AND WE DIDN'T TALK ABOUT THE WATER SUPPLY SYSTEM THAT WE'RE LOOKING AT.

I'M REALLY EXCITED ABOUT THE FACT THAT WE'RE ABLE TO BRING RAINWATER HARVESTING TO THE COUNTY. THIS IS A TECHNOLOGY THAT'S USED IN IRELAND CARIBBEAN ISLANDS AND IN SOME ARID AREAS TO GATHER THAT RAINFALL OFF THE ROOFS.

WE WILL HAVE ALMOST EVERY ROOFTOP AND EVERY IMPERVIOUS SURFACE THAT WE CAN CHANNEL INTO CISTERNS. THOSE SYSTEMS CAN BE USED FOR POTABLE WATER WITH TREATMENT THAT'S NO FURTHER THAN YOUR USUAL WELL TREATMENT. YOU HAVE A STRING FILTER, MAYBE A CARBON FILTER AND THEN THE ADDITION OF A SMALL OZONE DISINFECT OR THAT CAN BE ATTACHED TO IT SO THAT CAN BECOME POTABLE WATER. ALL OF THAT WILL REDUCE OUR RELIANCE ON ANY WELLS THAT WE'RE GOING TO BE DRILLING. WE WILL BE PUTTING WELLS IN AS A ADDITIONAL COMPONENT OF OUR WATER SERVICE. THOSE WELLS WILL BASICALLY RIGHT NOW. THIS IS NOT SOMETHING THAT WILL BE KNOWN UNTIL WE DO DESIGN BUT I'M ESTIMATING WE'RE GOING TO HAVE ABOUT A THIRD OF THE WATER SUPPLY FROM THE WELL WATER, A THIRD OF THE WATER SUPPLY FROM RAINWATER AND A THIRD OF THE WATER SUPPLY THROUGH THE POTABLE WATER OR THE NON POTABLE REUSE FROM THE SEWAGE TREATMENT PLANT.

SO YOU KIND PART OF MY QUESTION BECAUSE I WAS GOING TO SAY HOW ARE YOU GOING TO GENERATE THAT

THIRD? >> IF WE GO INTO DROUGHT SEASON.

[03:25:03]

>> RIGHT. AND THEN THAT WOULD BE WE WE PULL EXTRA WATER FROM THE WELL AND THESE WELLS THAT WE'RE TALKING ABOUT ARE I THINK A TOTAL OF THIRTY THOUSAND GALLONS TO 40000 GALLONS PER DAY FOR THE FACILITY THAT WE WILL NEED.

IT'S COME FOR A WELL THAT SERVES A COMMUNITY LIKE THAT. IT'S VERY, VERY SMALL DEALING IN 25 GALLONS PER MINUTE AND SOME OF THESE WELLS YOU SEE OUT THERE ARE DEALING IN HUNDREDS

OF GALLONS PER MINUTE. >> SO IN THE END AS A WELL IF IT WERE JUST THE WELL WE WERE USING IT STILL WOULD BE LOWER IMPACT THAN MOST OF THE OTHER FACILITIES THAT HAVE WELLS.

SO IF THAT WELL WATER IS THERE WHAT DO YOU CALL IT REVERSE OSMOSIS SYSTEM THAT YOU GUYS HAVE? WE ANTICIPATE THAT THERE WILL BE SOME SALINITY FACTOR TO THE TO THE WELL WATER THAT THAT'S LOOKING AT THE WELLS IN THE AREA.

IT'S HERE, MISS, AS TO WHETHER YOU'RE GOING TO GET NICE FRESH WATER.

BE GREAT IF WE GOT NICE FRESH WATER AND IT DOES HAPPEN. BUT THIS TREATABLE LEVELS OF SALINITY IN THE GROUNDWATER ARE WHAT WE ARE. WE ARE ANTICIPATING WE WILL HAVE REVERSE OSMOSIS SYSTEM TO TAKE THAT SALINITY OUT AND TO TURN IT INTO ACTUALLY SOMETHING IS POTABLE FOR ME BECAUSE OF COURSE IF MY REASONING FOR ACCIDENT THAT IS I'M NOT TOO FAR FROM THIS PROPERTY AND YOU KNOW, I TAP IN TO, YOU KNOW, SALT WATER.

>> SO YOU KNOW HOW YOU KNOW WELL I'VE ENDED THE WELL IF YOU'RE LOOKING AT WELLS FOR A RESIDENTIAL WELL YOU'RE PROBABLY 25 OR 30 FEET DEEP. A LOT OF THE WELLS AROUND HERE ARE SHALLOW WATER. WE'RE LOOKING AT GOING 150 PERHAPS FIVE OR SIX HUNDRED FEET DEEP TO TAP INTO SOME OF THE OTHER AQUIFERS THAT GO DOWN AND OUR GEOLOGISTS AND OUR HYDRO GEOLOGISTS HAVE BEEN LOOKING INTENSELY AND THE ONLY REASON I CAN SPEAK ABOUT THIS A LITTLE BIT MORE COHERENTLY NOW IS THAT I WAS JUST AT THE SITE TODAY WITH SOME OF OUR STAFF LOOKING AT SOME POTENTIAL ISSUES INVOLVING DRILLING THE WELL AND LOCATIONS FOR THE WELL AND TALKING ABOUT SOME OF THE GEOLOGY UNDERLYING THE BARRIER .

WHEN ONE OF THOSE HAVE ANY QUESTIONS. THANK YOU.

THANK YOU VERY MUCH, MR. MACK. BOARD MEMBERS AS YOU CAN TELL, ONE OF THE THINGS THAT WE HAVE NOT TALKED ABOUT BECAUSE WE FEEL THAT THERE ARE SO MANY BENEFITS IS THAT THIS WILL OBVIOUSLY BE A CUTTING EDGE EXAMPLE OF SYSTEMS BOTH WELLS ELECTRIC AS SEWAGE TREATMENT THAT WE WILL BE SHOWCASING AS FAR AS OUR COMMUNITY GOES AND WORKING HOPEFULLY WITH USCCB AND OTHERS TO HELP STUDENTS LEARN ABOUT IT BECAUSE THIS IS GOING TO BE CUTTING EDGE.

>> I DON'T KNOW DO YOU YOU'VE FINISHED TOUCHING ON THE EROSION CONTROL THAT ORIGINALLY TALKED TO YOU ABOUT IN YOUR PLAN TO PERHAPS TRY TO PROTECT IF THIS IS GRANITE, WHAT IS WHAT IS YOUR CONTINGENCY PLAN TRYING TO PROTECT THIS ISLAND WITHIN THE CURRENT EROSION

CONTROL AND MAINTAIN CONTROL OF EROSION? >> MR. MIKE, I AM OF THE BELIEF THAT THE OWNERS ARE BETTING THEIR INVESTMENT MONEY THAT THE AREA OF WHAT YOU'RE LOOKING HERE IF YOU LOOK AT AN ARTIST SHOWING THE HISTORIC PHOTOGRAPHS OF THIS, THE EROSION IS NOT A PROBLEM OF AREA OF THE ISLAND HAS NOT BEEN FOR 50 YEARS AND IS NOT PROJECTED TO BE FOR THE NEXT 30. IN OTHER WORDS, OUR PLANS DO NOT INTEND TO HAVE ANY TYPE OF EROSION CONTROL DEVICES INSTALLED.

CERTAINLY NO ARMORING THAT YOU WOULD NORMALLY HEAR. I SAW SOME LETTERS AND OPPOSITION THAT PULL SOMETHING DOWN FROM ONE OF THE SIXTH SENSE DEVELOPMENT PROJECTS SOMEWHERE ELSE THAT HAD SOME PICTURES OF SOME SANDBAGS AND TRIED TO ALLUDE TO THE FACT THAT THAT'S WHAT YOU'LL SEE AT THEY POINT. THERE'S NOTHING LIKE THAT BEING ANTICIPATED AT ALL. WE DO NOT BELIEVE MR. MACK, THAT THE EROSION IN THE AREA OF THIS DEVELOPMENT IS GOING TO BE ANY PROBLEM ON THEY POINT OUT MR. CRIPPS AND HIS MAN RUTH

THIS MR. MACK. >> SO THIS IS A DIAGRAM THAT COMES DIRECTLY FROM A TOOL THAT NO ONE PROVIDES TO THE PUBLIC. SO THIS IS ACCESSIBLE TO ANYBODY.

SO WHAT WE HAVE HERE IF YOU LOOK AT THE SCREEN THE EXTREME AND THIS IS LOOKING OUT TO 2015 THE EXTREME THAT THEY'RE EXPECTING AS A SEA LEVEL RISE IS THREE POINT EIGHTEEN FEET.

WHAT WE'VE DONE IS WE ADDED MORE THAN 50 PERCENT TO THAT TO MAKE IT FOUR FEET AND SHOW HOW FOUR FEET WOULD IMPACT THE ISLAND. AND AS YOU CAN SEE WHERE WE ARE PLANNING THE EQUAL TOURISM LOT DOES NOT GET AFFECTED BY THAT. HOW WILL PEOPLE WHERE WOULD YOU

[03:30:15]

>> THERE'LL BE NO NONE OF THESE NONE OF WHAT I'M DRINKING OUT OF WILL BE ALLOWED ON BAY POINT ISLAND. EVERYBODY WHO IS A GUEST WHO COMES THERE WILL GO THROUGH AN ORIENTATION PROGRAM BEFORE THEY GO AND AGAIN LITERALLY NO PLASTIC ONLY ISLAND NOTHING IS GOING TO BE BROUGHT THERE AND THEN ALL OF THEM WILL BE TAKEN BY BOAT OF SO IT IS NO PLACE ON ST. HELENA THAT YOU PROPOSING TO TAXI FOR? THAT IS CORRECT, SIR.

STRAIGHT FROM HILTON HEAD TO THE AIRPORT. YES, SIR.

FOR THE MAIN ACCESS WE CERTAINLY HOPE THAT SOME TOUR GROUPS WILL BE LEAVING FROM BAY POINT ISLAND AND GOING TO ST. HELENA AT PRIVATE DOCKS OR WHEREVER WE CAN WORK WITH AN INDIVIDUAL TOUR OPERATOR TO GET PEOPLE OVER THERE AS PART OF OUR ECO TOURISM LITERALLY INTO THE ST. HELENA COMMUNITY INTO THE PEN CENTER AREA. BUT RIGHT NOW WE DON'T OWN ANY PROPERTY ON ST. HELENA. OK, I THINK I READ A LOT OF THOSE.

SOMEWHERE I DON'T KNOW WHAT WAS IN YOUR PRESENTATION THAT YOU PUT TOGETHER HERE ABOUT WORKING WITH THE LOCAL FARMER AND I GUESS FISHING GROUP ON ST. HELENA.

>> YES, SIR. HAVE ANY OF THAT DISCUSSION BEEN MADE WITH ANY OF THE LOCAL FARMERS THERE OVER THE COURSE OF THE LAST 14 MONTHS WE'VE SAID WE HAVE MADE COMMUNITY PRESENTATIONS AND WE HAVE MADE INTERRUPTS. WE HAVE ATTEMPTED TO MAKE ENTRANCES INTO THE ISLAND. THE UNFORTUNATE PRACTICAL ANSWER IS BECAUSE OF THE PUSH BACK ON THE PROJECT ITSELF. WE HAVE BEEN UNABLE AT THIS MOMENT IN TIME TO MAKE ANY PARTICULAR AGREEMENTS WITH THE LOCAL FISHERMEN OR LOCAL GARDENERS.

BUT ALL OF THIS IN GOOD TIME FROM OUR PERSPECTIVE. IF YOU LOOK AT HOW SIXTH SENSE RUNS THESE RESORT ARE THESE RESORTS IN OTHER AREAS THAT THEY HAVE AND THIS IS NOT GOING TO BE IN ANY STRETCH A RESORT. IT IS A WELLNESS RETREAT AND SMALL UNDER THREE ACRES OF IMPERVIOUS SERVICES AND ROOFTOPS. IF YOU LOOK AT THAT, ALL OF THEM PARTNER WITH THE LOCAL COMMUNITIES FOR ORGANIC GARDENING FOR FISH.

I MEAN OUR RESTAURANTS HOPE TO BE SERVING EXACTLY THAT LOCAL PRODUCE, LOCAL SHELLFISH AND LOCAL FISH. SO WE WOULD ANTICIPATE A VERY SYMBIOTIC RELATIONSHIP WITH LOCAL FARMERS, LOCAL FISHERMEN ,GUYS TALKING ABOUT A HELICOPTER PAD.

YES, SIR. THERE WAS NOT MENTIONED IN THE AMERICAN EMERGENCY ONLY MR. MAC THERE WILL THERE'S NOT GOING TO BE I DON'T BELIEVE A POURED CONCRETE HELICOPTER PAD LIKE YOU WOULD NORMALLY THINK OF. I'M PRETTY SURE IT IS A DESIGNATED AREA HARD GROUND WHERE IN THE CASE OF AN EMERGENCY WHERE SOMEONE NEEDED TO BE AIRLIFTED FROM THERE JUST LIKE THEY DO AT HILTON HEAD OR ANYWHERE ELSE THEY WOULD BRING A HELICOPTER AND REMOVE THEM FROM THERE. BUT WE WILL HAVE EMT FEES PAID BY US ON SITE 24 HOURS A DAY AND AVAILABLE TO TAKE CARE OF ANYTHING LESS THAN A LIFE THREATENING CONDITION THAT WOULD REQUIRE A HELICOPTER RIDE TO I GUESS YOU DON'T KNOW WHERE THAT WOULD BE AS OF YET.

ON THE PROPERTY JOSH DO WE HAVE AN END TO. >> WE HAVEN'T ANTICIPATED PLACEMENT OF THE HELICOPTER PAD WHICH MR. TAYLOR OF COURSE MR. MACK.

WE'VE LOOKED AT IT A FEW AREAS IN ONE PLACE IN PARTICULAR IS UTILIZING THE EXISTING DOCK AND

BUILDING A PLATFORM AS PART OF THAT DOCK STRUCTURE. >> THERE YOU SEE UTILIZING EXISTING BUILDING A PLATFORM IS PREEXISTING. DONALD DUCK THE DOCK FACILITY

THAT EXISTS THERE. >> THEY ONLY NEED LIKE A 10 BY 10 FOOT PERIOD AND LAND THEY DON'T NEED A LARGE, LARGE LANDING ZONE. THAT'S ONE PLACE WE'RE

CONSIDERING RIGHT ABOUT WHERE THAT HIS CURSOR IS. >> AND MR. MARSHALL, THE HELICOPTER PAD WILL BE ON THE DOCK. IS IT NOT ON THE GROUNDS ITSELF? THAT'S ONE OF THE OPTIONS. THAT'S ONE OF THE OPTIONS.

WHERE WOULD YOUR OTHER OPTION BE? >> I KNOW YOU HAVE LOOKED INTO

[03:35:05]

TOWARDS THE BEACH IN THAT AREA. >> THAT'S ANOTHER PROJECTION THAT WE HAVE IS WHILE THESE TOKENS ARE GOING TO BE IN THAT AREA CLOSER TOWARDS THE BEACH, THE REALLY THE HELIPAD IS NO MORE THAN 10 BY 10 AREA BECAUSE THE HELICOPTER'S THAT WE HAVE BEEN LOOKING AT AS A SERVICE FOR US ARE SMALL AND THEY ACTUALLY ARE IN HILTON HEAD AIRPORT AND THEY CAN FLY OVER IN LESS THAN FIVE MINUTES AND TAKE THEM TO THE HOSPITAL IN WHAT THEY REQUIRED FROM US AS A HELIPAD IS AN AREA THAT IS ACTUALLY CLEAR FOR FOUR FROM THE FOUR DIFFERENT COORDINATES

FOR THEM TO FLY IN AND THEN TAKEOFF. >> SO IT'S REALLY NOT MUCH MORE THAN A 10 BY 10 PLATFORM FOR THEM TO LAND ON A FLAT SURFACE. THEY COULD LAND THEM ON THE ACTUAL BEACH IF THEY NEEDED TO . BUT IN ORDER FOR US TO MAKE THIS IGNITED LOCATION, THE ONE THAT WAS SELECTED BY ONE OF THE HELICOPTER PILOTS WAS CLOSER TO WHERE IT WAS. WE MENTIONED AT THE TOP FIRST BUT THE OTHER AREA WOULD BE CLOSER TO THE TO THE BEACH. AGAIN, IT'S ALL CONCEPTUAL POINT FOR.

BUT THERE IS NO INTENT TO HAVE FLIGHTS TO BRING PEOPLE BACK AND FORTH ON HELICOPTER RIDES.

THAT'S ONLY JUST FOR EMERGENCY BECAUSE WE ARE OBVIOUSLY CONSCIOUS OF THE OF THE BIRDS.

MR. TOM, I KNOW YOU PROBABLY HAVE ALREADY SHARED HOW YOU PLAN TO PROTECT THE NATURAL HABITATS THAT'S OVER THERE. YOU KNOW, I KNOW YOU'RE GETTING READY TO DEVELOP PROPOSING TO FOLKS UP TO DEVELOP ONE AREA OF IT. BUT YOU KNOW HOW WE ■BECAUSE&-P

[8. Mr. & Mrs. Whittle and Mr. & Mrs. Leisure are requesting a Variance of the Minimum Lot Depth from Division 3.2.70.C of the Community Development Code. The property is located on Whittle & Solomon Lane, Bluffton. Property is zoned T3Edge. (R600 036 000 0424/0426)]

[10. Mr. John Dortch is requesting a Special Use Permit for a Lodging: Inn (up to 24 rooms), Division 3.2.40. H, Table H -T2Rural Allowed Uses of the Community Development Code. The property is located on County Shed Road, Beaufort. (R100 025 000 0328)]

[14. Mr. Robert Sample is requesting a Special Use Permit for Non-Tidal Wetland Essential Access from Table 5.11.110.A of the Community Development Code. The property is located on Sams Point Road, Ladys Island. The property is zoned LICP/LIEHB. (R200 010 000 0049/051D)]

[05:00:35]

[05:00:39]

>> IT SOUNDS LIKE IT'S GONNA BE RENTAL UNITS. SO WE ARE CONCERNED OF PEOPLE

[05:00:42]

[05:00:49]

[05:00:54]

[05:01:00]

[05:01:08]

[05:01:14]

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THEY HANDED THAT WE WERE ABLE TO PULL UP. >> I'M NOT SURE IF WE CAN MAKE

[05:01:24]

[05:01:27]

>> SHE'LL GIVE IT RIGHT AWAY. WELL, THAT IS A SCENE I DON'T ACTUALLY.

[05:01:38]

>> THEY ACG HAS A KEY TO THE LOCK THAT WE HAVE ON THE GATE AT THE END OF THAT POWER LINE

[05:01:46]

[05:01:53]

IS ACTUALLY ON HER PROPERTY DIRECTLY BEHIND HER HOUSE. >> AND YOU WANT HIM TO PUT A

[05:02:01]

FENCE ON HIS PROPERTY AND PROTECT YOUR PARK. >> WE WANT TO FINCH TO PROTECT

[05:02:05]

[05:02:10]

. >> I DON'T THINK WE'RE ASKING FOR MUCH.

>> WE KNOW WE'RE NOT TRYING TO FIGHT ANYTHING THAT HE'S WANTING TO DO.

WHAT WE'RE ASKING FOR IS SOME PROTECTION FOR HER PROPERTY AND HER PON AND HER FINANCIAL

INTERESTS. >> IF SOMEBODY WAS TO DROWN IN FROM BEING IN THIS DEVELOPMENT ,I MEAN WE COULD AX MR. SAMPLE THE HE WOULD DO THAT. BUT I MEAN THE WAY I'M LOOKING AT IT IS IF YOU ARE IF YOU ARE PROTECTIVE OF YOUR POND AND YOU KNOW THAT THE FACT THAT SOMEONE COULD COME OVER AND DROWN OR GET HURT IN YOUR POCKET. I DON'T KNOW WHAT I WOULD PROBABLY DO IS PUT A FENCE AROUND MY PORCH BUT WE CAN NEXT MR. SAMPLE AND SEE IF HE'S WILLING TO PUT UP. WOULD YOU BE WILLING TO DO THAT?

WELL, ALEX, THANK YOU. >> THANK YOU. YOU SAID YOU NEED YOUR NAME.

YOU KNOW YOU KNOW SCOTT. OH, I SEE THE SECOND NAME HELEN AND VAN.

OKAY. UH, NEIL BASED ON THAT VERY EXPERIENCED THIS KIND OF THING

ALL YOU NEED ARE A DWARF CIRCLE. >> I'VE LIVED THERE FOR 14 YEARS AND YOU JUST STATE YOUR NAME FOR THE RECORD. NEIL PASTERNAK BASKIN.

OKAY. AND I'VE GOT A HOUSE AT TWENTY ONE COTTAGE WALK CIRCLE AND 19 COLLEGE WALK CIRCLE. MY DAD AND I LIVE SIDE BY SIDE BUT THEY'RE 14 YEARS.

>> AND I UNDERSTAND THIS WETLAND AREAS SECTION THAT'S RIGHT BEHIND MY HOUSE.

AND EVERY YEAR I SEE THIS UNDER AN IMMENSE AMOUNT OF WATER ENCROACHES ONTO MINE BY A

COUPLE FEET. >> BUT IT'S MUCH SHALLOWER WHERE THIS FLOODS THIS WETLANDS. THIS IS USUALLY UNDER IT'S WAIST DEEP AT LEAST 30 FEET IF NOT FOR THE GROUND IN THAT BACK AREA OF MY LAW IS CONSTANTLY SATURATED.

I'VE GOT A MAYBE A FOUR FOOT HOLE BACK THERE THAT I WATER OUT TO IRRIGATE MY GARDEN AND ENDLESSLY ALL SUMMER LONG. IT'S HOW DOES. MY QUESTION IS HOW DOES PUTTING A ROAD THROUGH THIS CALLS ANY ADDITIONAL FLOODING? I KNOW A LOT OF CALCULATIONS GO INTO THE ROADS AND THE HOUSES AND RETENTION PONDS BUT ARE WE REALLY PREPARED?

[05:05:03]

>> I MEAN THIS ENTIRE DEVELOPMENT THIS THING IS GOING FLOODS.

I MEAN WE HAD A VERY DRY SPRING THIS YEAR. WE HAD NOAH SAYS WE GOT FIVE INCHES IN APRIL, SIX INCHES IN MAY YET. THIS LOT IS UNDER FOUR FEET OF

WATER. >> SO OUR ADEQUATE MEASURES BEING MADE TO I MEAN YOU GET ON THE MOUND OF BACKFILL THAT'S GOING TO GO IN THERE IS GONNA BE ASTRONOMICAL AND IS GOING TO

PUSH THE WATER BACK ONTO MY PROPERTY. >> THAT'S MY CONCERN.

THANK YOU. OKAY. ALL RIGHT.

I'VE GOT THANK YOU, SIR. SORRY. I GUESS I SHOULD HAVE CALLED YOU FOR PUBLIC COMMENT. OH, THAT'S FINE. NOT FROM AS NOT AN ISSUE JUST COME OUT. I HAD TO BE ON BACKUP ANYWAY. SO APPARENTLY WHAT'S HAPPENING RIGHT NOW IS THE PROPERTY THE REDEVELOPMENT CONDITION STAGE IS SHEET FLOWING INTO THIS WETLANDS AREA. IF YOU LOOK AT THE PLAN IN YOUR POCKET THERE'S GONNA BE A DETENTION POND BUILT IN FRONT OF SOME HOUSES ON THE OTHER SIDE OF THE ROAD FROM WHERE THIS GENTLEMAN'S PROPERTY IS LOCATED. SO APPARENTLY ALL THE WATER IS GOING TO GO INTO THE DRAINAGE SYSTEM, GONNA GO INTO THAT DETENTION POND AND THEN BE RELEASED OVER BACK INTO THE WETLANDS AREA. SO YOU WILL NOT HAVE THAT BIG SURGE OF OF SHEET FLOW INTO THE WETLANDS AT ONE TIME. SO IT COULD VERY LIKELY IF MR. SAMPLE BUILDS EVERYTHING CORRECTLY AND I HAVE NO DOUBT THAT THAT HE WILL THAT IT COULD ACTUALLY ALLEVIATE THE DRAINAGE ISSUES ED. ON WAS TALKING ABOUT OR AT LEAST MAKE IT BETTER.

>> AND YOU ALL DO HAVE THE RIGHT TO IMPOSE SOME CONDITIONS IF YOU FEEL THE FENCE IS REASONABLE. THEY HAD TAUGHT ME ABOUT IT AT THE BREAK AND I SAID, YOU KNOW, IF YOU WOULD LIKE TO ASK FOR THAT YOU CAN CERTAINLY ASK FOR THAT.

>> IT IS ENTIRELY IN ORDER TO MAKE THAT A REQUIREMENT. I MEAN THE POT THE HOW IN A STRICT CASE WITH THE DUPLEXES THEY ARE VERY CLOSE TO THE PROPERTY ON.

SO IT'S GONNA CREATE A POTENTIAL SITUATION WHERE SOMEONE CAN SNEAK ACROSS THE PROPERTY LINE AND WALK INTO THE POND OR PLAY IN THE PARK OR PLAY PROPERTY AND GET HURT AND THEN THAT COULD OPEN UP POTENTIAL LITIGATION I GUESS. I MEAN YOU'VE GOT SEVERAL ATTORNEYS HERE TONIGHT. SO I HAVE A QUESTION FOR. SO THIS RETENTION POND THAT THAT'S GOING TO REPLACE THE EXISTING POND AS A AS A MODULATION FOR THAT RIGHT NOW

YOU JUST HAVE OPEN FLAT LAND. >> YOU JUST HAVE OPEN LAND WHERE EVERYTHING IS SHEET FLOWING INTO THAT WETLANDS THAT ARE OUT. YEAH, AT THE SAME TIME DURING A HEAVY RAIN OVER THE DETENTION POND IS GONNA HELP THE WATER GO INTO THAT HOLDING AREA.

RIGHT. AND THEN BE RELEASED OVER TIME IN THAT LOW LYING AREA.

THERE WAS AS EXISTING POND YOU KNOW HE'S GONNA BUILD THIS MANMADE POND.

THAT'S CORRECT. TO MAKE UP FOR THAT. AND IT VERY WELL MAY ADDRESS THE OTHER DEVELOPMENTS CONCERN CETERA. BUT I MEAN IF IT DOES THEN YOU KNOW, WE'RE GONNA MAKE SURE THAT THE DEVELOPER MEETS THE STORMWATER REQUIREMENTS THAT WE HAVE AND WE HAVE SOME OF THE TOUGHEST STORMWATER REQUIREMENTS IN STATE.

SO I THINK WE'RE GONNA BE IN GOOD SHAPE. OKAY.

WELL, WE WE RECOMMEND APPROVAL OF THE OF THE SPECIAL USE. IT'S JUST UP CROSSING A WETLANDS AREA. THEY'VE GOT IT. HE'S GOT TO HAVE IT IN OUR NEW

DEVELOPMENT. >> SO THE SAMPLE PORTION YOU AND WE HAVE WHAT'S REQUIRED.

WELL, WHAT'S BEEN AXED? COULD YOU PUT A FACE ON ME? HOW DO YOU FEEL YOU DON'T WANT TO. CHAIRMAN, I'VE GOT STAFF SUPPORT SO AND MR. GREEN WILL SAY THAT THAT'S AN OPTION THAT YOU HAVE AND I DON'T WANT TO BECAUSE I'VE GOT STAFF SUPPORT IN I DO WANT TO BE A GOOD NEIGHBOR BUT I JUST WANT POINT OUT IN THE COLD THAT UNDER SECTION WHAT THESE WHAT YOU'RE ASKING WHICH WHAT MY OPPOSITION IS ASKING TO DO IS MAKE COMPATIBILITY ASSESSMENT FOR MY PROJECT AND UNDER SECTION FIVE POINT NINE POINT 3.0 SINGLE FAMILY AND TO FAMILY DWELLING PROJECTS ARE EXEMPT FOR THESE KINDS OF THINGS.

>> SO I DON'T KNOW IF I'M NOT REQUIRED TO DO THAT AND I DON'T KNOW IF I NEED TO DO THAT NOW

[05:10:08]

>> SAY IF YOU WANT TO WHAT IF HE WANTS TO BUILD THE FENCE ON MY PROPERTY ON MY SIDE OF THE

PROPERTY I WILL NOT BE OPPOSED TO THAT. >> BUT YOU DON'T WANT TO PAY FOR IT THAT WHAT IT COMES DOWN TO? WELL, I'M TRYING TO SIR.

I'M TRYING TO PROVIDE A AFFORDABLE PRODUCT HERE. RIGHT.

A MUCH FORMER PRO UNDERSTAND I'M NOT MAKING A JUDGMENT ON YOU.

I'M JUST CLARIFYING. THANK YOU, MR. ANYONE ELSE? THE SIMPLE MRS. SCOTT, I

UNDERSTAND WHAT YOU ARE ASKING BUT WE CAN'T MAKE GOOD, RIGHT? >> YOU KNOW, WE JUST THOUGHT WE'D ASK. YES, SIR. YES, SIR.

WE CAN'T MAKE HIM PUT A FENCE. BUT YOU KNOW HOW THAT YOU KNOW YOU GUYS CAN COME WITH SOMETHING THAT WOULD BE COMPATIBLE ARE HELPFUL FOR THE BOTH OF YOU GUYS SO THAT YOU CAN BE GOOD NEIGHBORS. IT DOESN'T HURT TO ASK. NO, SIR.

NO, SIR. THANK YOU. THANK YOU.

ALL RIGHT. WITH THAT BEING SAID, CAN I GET SOMEONE TO MAKE A MOTION

SERVICE HERE? >> I'D MAKE A MOTION. UH, APPROVE THIS SPECIAL USE

PERMIT. >> NO, SIR. >> MOST OF IT MAY 2ND OR SHOULD

BE MADE AND PROBABLY MADE. >> SECOND OF ALL, A FAVOR OF GRANTING ESPECIALLY USE ALL THE POLL ARE YOU IN FAVOR IN FAVOR OF COUNSELING ESPECIALLY USE HAS BEEN GRANTED THE SAMPLE.

I KNOW WE GETTING TIRED THAT IS THAT OUR NEXT ON THE AGENDA MR. JEFFREY GRIMLY RAMBLING

[16. Mr. Jeffrey Brumley is requesting a Variance of the Rear Yard Setback for Division 3.2.80.C of the Community Development Code. The property is located on Croaker Street, Bluffton. (R600 039 00C 0184)]

HELLO EVERYBODY. MY NAME IS JEFF PARMELEE I AM ASKING FOR.

I'M BUILDING A SHED ON MY HOUSE. I LIVE ON THE MARSH AND I KNOW I UNDERSTAND I'M A CONTRACTOR AND THE TOWN IS CALLED A UH EXTENSION ON THE HOUSE CAUSE I OWN THE BUILDING THREE SIDES ON THE BACK BEING WHITE MY HOUSE IS THIRTY EIGHT FEET WIDE AND I SET BACK IF I DID MY MATH RIGHT I THINK I SHOULD HAVE BEEN FIVE FEET THE WAY FROM MY HOUSE BUT I'M VERY I LIKE EVERYTHING SQUARE WELL ANYWAY I'M ASKING FOR FORGIVENESS AND AWARENESS IF I CAN KEEP IT OR DO I NEED TO TEAR IT DOWN AND BUILD FIVE FEET AWAY FROM THE STREET? MR. BERMAN, THAT'S ONE OF A SHED THERE. IT'S BIGGER THAN YOUR HOUSE.

YES. HAS TO IT'S GONNA BE TWELVE BY THIRTY EIGHT.

BUT THE BAD THING WHERE WE LIVE WE'RE RIGHT ON THE MARSH AND A GOOD RAIN OR A HIGH TIDE.

WELL IT'S EASY GET A SIX, SEVEN, EIGHT INCHES OF WATER AND YOU WON'T BELIEVE LAWNMOWERS STUFF I'LL LEAVE OUT THERE HE GETS APPROVED BY THE SALT WATER SO BE NICE AND I HAVE IT UP THREE FEET OFF THE GROUND MY HOUSE IS UP SIX JUST ENOUGH EASY PUT WHEELBARROWS, TOOLS AND STUFF LIKE THAT. IT'S JUST I MEAN I COULD HAVE BOUGHT A FREESTANDING FLOATING SHED BUT I JUST DIDN'T LIKE THE LOOK OF I WANT A HARDY PLUNKETT WITH THE HOUSE AND MAKE IT LOOK DECENT. WERE YOU AWARE THAT YOU NEEDED A BUILDING PERMIT FOR IT? YES I DID. OKATIE BUT THE THING THE MAIN REASON I GOT AWAY FROM THE PERMIT IS WHERE WE LIVE IS T SQUARE I HAD TO GET A SURVEY HAS FOUND TELL ME I DIDN'T GET A AN ARCHITECT IN A SURVEY TO FOLLOW WHAT I'M DOING RIGHT NOW AND T SQUARE I THINK IT TOOK HIM THREE TIMES TO TRY AND GET ALL OR POINTS AND EVERYTHING OUT BECAUSE WHERE WE ARE I THINK THEY SINCE I BOUGHT MY HOUSE FIVE YEARS AGO I HAVE THREE ADDRESSES I BOUGHT AT

[05:15:02]

TWELVE MALL AND THEN THE TAX I.D. SAYS SIXTEEN TOYS. >> BUT THIS LAST SIX MONTHS THE YEAR BEFORE OF IT AND NOW I'M FIFTEEN PROPER WHAT. NINE ONE ONE SAYING IT S IT'S A HEADACHE BUT THE BANK STILL TAKES MY MORTGAGE ON TWELVE. WELL APPROPRIATE.

TWO STORIES IT S YES SIR. LET'S GO TO THE SHED TO DOOR. YES SIR.

>> I CAN SAY THAT'S A OF A SHIRT ONE WHY DID YOU ONE GET A PERMIT BEFORE YOU STARTED THIS ? WHY DID YOU ASK FOR A PERMIT WHICH WOULD HAVE BEEN DENIED?

WHY DIDN'T YOU GO THROUGH THE PROPER PROCESS? >> HONESTLY I DIDN'T REALLY WANT TO PAY FOR THE SURVEY AND ARCHITECTS I MEAN HOW I GOT CAUGHT THE PICTURES SHOWED UP I'M BUILDING ABOVE CODE. I MEAN I'M NOT I'M NOT GOING TO CHEAT MYSELF ON A PIECE OF PROPERTY THAT I DON'T WANT. I'M FALLING THAT'S MONEY I THROW AWAY.

BUT BUT HONESTLY I GOT IT ME I KNOW BETTER BUT YOU SAID YOU YOU DIDN'T WANT TO GET IT, SIR.

>> I DON'T WANT TO PAY THE EXTRA MONEY FOR IT. >> BUT YOU HAD TO SERVE IT.

I HAD TO I DID GET THE YOU FIRST SAID I DID GET A SURVEY AND ARCHITECT AND I TURN ALL THAT STUFF IN AND THAT'S WHY I'M HERE RIGHT NOW. ASK HIM FOR A VARIANCE.

SIR, DID YOU SAY YOU WERE A CONTRACTOR? YES.

SO YOU KNOW HIS CONTRACT TO GET A FULL TERM. YES.

BONUS YOU PERFORMED FOR HOW MANY FEET? I THINK IT'S FOUR FEET.

FLUFFY AND I JUST WANTED TO BE LINED UP WITH THE HOUSE. >> WOULD IT BE LINED UP WITH WHAT IF I IF I FOR ME GOING OVER FOUR FEET IT'S ZACH IN MY HOUSE A STRAIGHT LINE.

I DIDN'T HAVE THAT INTENTION. >> ANY OTHER HOUSES NEXT TO YOURS IS THAT.

>> I'M ON THE CORNER. OKAY. ALL RIGHT.

WITH THE DECK THAT S OVER THERE ON KROGER SHE WAS THAT ADDED IN 20, 19, 28.

THAT'S BEEN THERE SINCE I BOUGHT IT. LET'S START WITH THE STAFF RIGHT UPSTAIRS. YEAH I GOT THAT AND 16 ANYONE ELSE HAVE ANY QUESTIONS?

>> WE HAVE AN ACCOUNT. YEAH. >> I DON'T HAVE MUCH I DON'T HAVE MUCH TO SAY ABOUT THIS SITUATION. YOU ALL KNOW THE RULES ARE CLEAR THAT YOU CAN'T CREATE YOUR OWN HARDSHIP AGAIN. I AM THE ONE THAT POSTED THESE PROPERTIES WITH THE SIGNS SAID IN THIS PARTICULAR SITUATION. YOU'VE GOT CONCRETE AND BUILDINGS AND THAT'S PRETTY MUCH IT IS WHAT THE LOT IS MADE UP OF.

I THINK THERE MIGHT BE A LITTLE STRIP OF GRASS AROUND THE STOP SIGN BUT NOT MUCH MORE THAN THAT ON THIS PROPERTY. SO THERE IS IN OUR OPINION THERE IS NO HARDSHIP HERE.

THERE WAS A CREATION OF THE APPLICANT'S OWN ACTIONS AND THEREFORE IS ALLOWED RELIEF UNDER STATE LAW. IN OUR OPINION. SO IT'S A LIE OF THANK YOU, SIR. BUT WELL, YOU KNOW, I DO HAVE A QUESTION.

WHAT WHAT I DO HAVE A QUESTION. WHAT WHAT DO YOU DEFINE YOUR HARDSHIP AS?

>> I DON'T HAVE A HARDSHIP YOU DON'T HAVE. I'M JUST ASKING FOR A VARIANCE FOR FORGIVENESS. I SAID MANY HARDSHIP. I HAVE MY SOLAR PANELS.

IT NEEDS RIBAUT REPAIR AND I CAN'T PULL A PERMIT UNTIL THIS IS TAKEN CARE OF.

REALLY? I'M HERE. JUST ASK FORGIVENESS BECAUSE EITHER WAY ONE OR THE OTHER I'M NOT. I HAD TO KEEP DON'T WEAR IT OR TEAR IT DOWN AND DO IT BY. I MEAN DO BY MY SETBACKS LIKE I'M SUPPOSED TO BUT I WAS JUST MAINLY TRYING TO CONTINUE. YEAH. YEAH.

WELL I LOOK AT THIS. >> YOU KNOW IF YOU EVER CAME BEFORE BEFORE WOULD I HAVE GRANTED THIS WHAT I'VE LOOKED AT THIS DIFFERENTLY. YOU KNOW, IN MY QUESTION TO

[05:20:05]

,YOU KNOW, PRESENT A HARDSHIP. >> MR. CHAIRMAN, BEFORE WE GET INTO A DISCUSSION MAYBE I ASKED IF THERE'S ANY PUBLIC COMMENT. IT IS A PUBLIC HEARING PUBLIC COMMENT ON THIS MATTER IN THIS

CASE, OK. >> 1 1 IN FAVOR, 2 AGAINST WHAT WAS IN QUESTION.

>> NOW THERE WAS ONE E-MAIL THAT SAID I DON'T HAVE ANY PROBLEM WITH IT.

THERE ARE TWO E-MAILS THAT OPPOSE WELL AGAIN LIKE I SAID WHEN I VIEW THIS ANY DIFFERENTLY IF YOU HAD IT CAME BEFORE I'M NOT SURE BECAUSE I DON'T I DON'T SEE A HARDSHIP THAT'S BEING PRESENTED HERE. I DON'T KNOW MAYBE SOME OF MY COLLEAGUES MAY HAVE SOMETHING ELSE THAT THEY WOULD WANT TO SAY. AND IF NOT, I'LL LOOK AT IT THE SAME WAY YOU DO. MR. VISE CHAIRMAN, I AGREE WITH THAT ASSESSMENT AS WELL.

>> THAT BEING SAID, CAN I GET SOMEONE TO PUT A MOTION ON? IT MR. CHAIRMAN, I'D MOVE THAT BECAUSE THERE'S NO HARDSHIP IN THIS MATTER THAT THE APPLICATION FOR THE VARIANCE BE

DENIED A HARDSHIP. >> IT'S IT'S A SITUATION WITH THAT WHERE YOU ARE PROHIBITED OR UNREASONABLY RESTRICTED IN THE USE OF YOUR LAND AND IT HAS TO DO WITH THE NATURE OF THE PROPERTY ITSELF, NOT OF YOUR PERSONAL HARDSHIP. IT HAS TO DO RIGHT.

BECAUSE OF THE SHAPE OF THE PROPERTY OR SOME OTHER CONDITION UPON THE PROPERTY THAT MAKES IT NOT BUILDABLE OR NOT ABLE TO DO WHAT YOU NEED TO DO SO THAT IT DOESN'T SEEM TO

APPLY IN THIS CASE. >> MR. CHAIRMAN, THERE'S A MOTION ON THE FLOOR I THINK WE PASS THIS POINT. I HAVE ONE QUESTION IS IS IT COMPLETED OR IS IT STILL IN THE

STAGES ON THE PICTURE? IT STILL LOOKS LIKE THIS. >> NO, BUT THERE'S NO ROOM FOR ANYTHING ON IT NOW. SO THE MOTION ON THE FLOOR IS TO DENY THE VARIANCE WAS NOT EXTENDED. I'LL SECOND IT. THE MOTION HAS BEEN MADE PROBABLY MADE IN SECOND IN IN FAVOR DENIED THE NINE. SO YOUR MOTION PARENTS HAVE A HAVE TO GIVE IT THE COUNTY LESS ON THE AGENDA MR. AND MRS. JOHN LOCKE THING IS APPEALING THE

[20. Mr. & Mrs. John Lupton are Appealing the decision of the Planning & Zoning Director, to not accept a timely-submitted application to the Planning Commission, for an appeal of the April 15, 2020, Conceptual Plan Application for the development of the Okatie RV Resort.]

>> YES, YES WE'LL BE USING ISO GENTLEMEN. >> THEY'RE REQUESTING A CONTINUANCE ON THIS SO I GUESS AT THE END AT THE END OF THE DAY THE IS UP TO THE BOARD

WHETHER WE WANT A CONTINUANCE. >> UH, DENIED A CONTINUANCE. >> I MOVE THAT WE GRANT THE CONTINUANCE AS REQUESTED. ARE YOU READY FOR MOTIONS? YOU CAN HEAR ANY CITY MOVE THAT A CONTINUANCE BE GRANTED NO SECOND. YEAH.

AND I REMEMBER BUT CONSIDERING I JUST WANT TO MAKE SURE THAT THE BOARD I MEAN WE TALK AT

[05:25:10]

DO THEY WANT TO GO TO GO THROUGH THIS? WELL, WELL I FEEL LIKE WE HAVE TO GIVE MR. TAYLOR A FAIR SHOT HERE. I DON'T KNOW AT THIS POINT IF WE'RE THINKING THIS IS CLEAR AS IT SHOULD. THAT MIGHT BE TO YOUR ADVANTAGE . IT'S UNFORTUNATELY A RATHER LEGAL TECHNICAL ARGUMENT.

AND CAN WE ASK WHAT HIS REASON IS FOR ? YES, YES. MA'AM.

>> I CAN REMOVE MY MOTION. I UNDERSTOOD THAT MR. TAYLOR WAS REPRESENTING YOU AND THAT WAS YOUR DESIRE TO CONTINUE. OKAY. I APOLOGIZE.

I UNDERSTAND MY MISUNDERSTANDING. >> SO YOUR EMOTIONS ARE STILL ON THE FLOOR. I DON'T WANT TO REMOVE MY MOTION SINCE THE APPLICANT WANTS TO HAVE THEIR CASE HEARD SINCE SINCE THEY APPLIED. I'M SORRY I DIDN'T UNDERSTAND THE APPLICANT WANTS TO HAVE THEIR CASE HEARD SO I'M GOING TO REMOVE MY MOTION.

>> THAT BEING SAID, IT'S SAID IN THE SO YOU WANT TO PUT IN MOTION THE MOTION HAS BEEN DENIED ON THE FLOOR BECAUSE THEY PUT THEY WANTED TO PUT A MOTION TO CONTINUE SO YOU CAN DENY THE MOTION TO CONTINUE. AND I CAN HEAR TONIGHT THAT THE DENIED MISTERS TAYLOR'S MOTION

TO KILL HER REQUEST TO CONTINUE THE RETROSPECTIVE. >> CORRECT.

OKAY I MOVE THAT WE DENY THE REQUEST BY MR. TAYLOR TO CONTINUE AND THAT WE HEAR THE

MOTION TONIGHT. >> SO WE'LL DO SO IN A SECOND. SO THE MOTION TO CONTINUE HAVE BEEN DENIED. SO MR. TAYLOR, I'M ALL IN FAVOR .

SO I GUESS WE'LL BE HEARING YOUR CASE, MR. TAYLOR. VERY GOOD.

THANK YOU, MR. MACK. BOARD MEMBERS THIS IS AN APPEAL BY JOHN AND CHRISTINE LUPTON OF THE DIRECTORS DECISION THAT WAS RENDERED ON IN JULY THAT HE WAS GOING TO REJECT OR DID NOT EVER RECEIVE OR DID NOT ACCEPT AN APPEAL THAT WAS ORIGINALLY MADE ON THE 13TH OF MAY 20, 2010.

AND THE REASON FOR THE PENDING MOTION FOR CONTINUED ONCE IS BECAUSE THERE IS PENDING IN THE CIRCUIT COURT RIGHT NOW A NEW ACTION FOR A WRIT OF MANDAMUS ASKING THE CIRCUIT COURT TO ORDER THE DIRECTOR TO IN FACT ACCEPT THE APPEAL AND SEND IT ON TO THE PLANNING COMMISSION AND THAT WAS THE NATURE OF MY MOTION. BUT THIS IS AN ADMINISTRATIVE APPEAL THAT WAS FILED IN THE SAME MATTER TO MAKE SURE THAT AT THE CIRCUIT COURT LEVEL IT WAS NOT ASSERTED THAT WE HAD FAILED TO EXHAUST OUR ADMINISTRATIVE REMEDIES.

SO I WILL PROCEED ON HISTORY AND THE BACKGROUND OF THIS IS THAT INVOLVES THE OKATIE RV RESORT PROJECT. CAN YOU SPEAK A LITTLE CLOSER TO THE MAKE SO THAT WE CAN? YES, SIR. I'M SORRY. THANK YOU.

>> WE SEEK TO HAVE THE DECISION REVERSED AND AN ORDER AWAY HOLDING THAT THE DIRECTOR HAS

IN FACT ACCEPTED THE SRT APPEAL APPLICATION FOR FILING. >> I BELIEVE THE PACKAGE IS FAIRLY CLEAR AT THE END ON APRIL 15TH 2020 A REVIEW BY THE SRT OF THE REVISED USED OKATIE RV RESORT OVERALL SITE PLAN WAS WAS ACCOMPLISHED AND IT RESULTED IN THE ISSUANCE OF A REVISED ACTION FOR WHICH SPECIFICALLY SAID APPROVED SUBJECT TO CONDITIONS SLASH LIST OF CONDITIONS ON THE 13TH OF MAY THE APPELLANTS THE LOCKDOWNS TIMELY FILED AND SRT

[05:30:01]

SO WE FILED OUR APPEAL ASKED FOR IT TO BE SENT TO THE PLANNING COMMISSION ON 16TH OF JULY. THE DIRECTOR ADVISED US BY LETTER THAT THE PLANNING COMMISSION WOULD HEAR THE SRT APPEAL APPLICATION ON THE 3RD OF AUGUST ON 19TH OF JULY A NOTICE OF THE 3RD OF AUGUST 2020 MEETING WAS PUBLISHED IN THE ISLAND PACKET ON THE 22ND OF JULY. THE DIRECTOR REFERRING TO THE OKATIE RV RESORT PROJECT WROTE US BY EMAIL AND SAID THAT MISS AUSTEN HAS DETERMINED THAT ALL THE CONDITIONS FOR THE CONCEPTUAL PLAN APPROVAL HAVE BEEN SATISFIED WITH ANY REMAINING ITEMS NOT REQUIRED UNTIL FINAL PLAN APPROVAL. AS A RESULT I HAVE PLACED THIS ITEM ON THE JULY 29 SRT 930 AM MEETING SO WE CAN APPROVE THE CONCEPTUAL PLAN THE NEXT DAY. WE WROTE BACK TO THE DIRECTOR AND TOLD HIM THAT THE CONCEPTUAL PLAN FOR THE OKATIE RV WAS ON APPEAL BUT AND THAT IT WAS SCHEDULED TO BE HEARD ON THE 3RD OF AUGUST AND WE POINTED OUT THAT UNDER CDC SECTION SEVENTY SEVEN POINT THREE POINT SEVENTY POINT E DEPENDENCY OF THE SRT APPEAL APPLICATION STAYED ALL COUNTY ACTIONS IN FURTHERANCE OF THE DECISION BEING TO PEOPLE ON THE TWENTY NINTH OF JULY THE COUNCIL FOR THE APPELLANTS RECEIVED AN EMAIL FROM MR.

CAVANEY AND THAT THAT POINT IN TIME. >> THE ACTION CHANGED SUDDENLY WE WERE ADVISED THAT THE REVISED ACTION FORM DID NOT CONSTITUTE A DECISION AND THEREFORE COULD NOT BE THE BASIS OF AN APPEAL. AND MR. KEVIN HIS EMAIL WENT ON TO STATE THAT THE DIRECTOR DOES NOT ACCEPT THE APPEAL AND WILL NOT TRANSMIT IT TO THE PLANNING COMMISSION. SO YOU HAVE AN APPEAL THAT WAS ORIGINALLY PUT ON THE PLANNING COMMISSION'S AGENDA THAT WAS PUBLISHED IN THE ISLAND PACKET THAT WHEN WE ADVISED THE DIRECTOR THAT THEY COULD NOT MOVE FORWARD AT THE SRT LEVEL BECAUSE IT WAS ON APPEAL THEN SUDDENLY THE APPEAL WAS AN APPEAL AND WE ARE HERE APPEALING THAT DENIAL BY THE DIRECTOR OF SENDING THE APPEAL TO THE PLANNING COMMISSION. AND LIKE I SAID, MR. CHAIRMAN, WE HAVE ALSO FILED A MOTION FOR WHAT IS KNOWN AS A WRIT OF MANDAMUS IN THE CIRCUIT COURT ASKING JUDGE DUKES TO ORDER THAT TO BE DONE. OUR ARGUMENTS I WILL BE VERY BRIEF AS I CAN BE. MR. KEVIN, HIS CLAIMS THAT THE REVISED CONCEPTUAL APPROVAL OF THE OKATIE RV RESORT BY THE SRT ON APRIL 15TH WAS NOT A DECISION AND THAT THERE IS NOT YET ANYTHING TO APPEAL IS SIMPLY WRONG AS A MATTER OF FACT AND OF LAW CDC SECTION SEVEN POINT FOUR POINT FOUR D ONE THAT DESCRIBES A DECISION SAYS PROVIDES THE DIRECTOR WITH THREE WAYS TO ACT ON AN APPLICATION SUBJECT TO THE DIRECTOR'S DECISION SUCH AS THE CONCEPTUAL PLAN APPLICATION AGAIN USING THE WORD SHELL THE DIRECTOR SHALL APPROVE THE APPLICATION APPROVE THE APPLICATION SUBJECT TO CONDITIONS OR DISAPPROVE THE APPLICATION CLEARLY APPROVING THE APPLICATION SUBJECT TO CONDITIONS WHICH IS WHAT WE HAVE HERE IS ONE OF THE THREE DECISIONS THE DIRECTOR SHALL CHOOSE WHEN THEN MAKING A DECISION HE IS EMPOWERED TO MAKE AN APPLICATION SO THIS IS CLEARLY A DECISION THE ACTOR OF THE ACTIONS OF THE DIRECTOR HAVE CAUSED THE I WROTE THAT THEN BUT I'M NOT GOING TO READ

IT NOW. >> WE ASSERT THAT BECAUSE THE REVISED CONCEPTUAL APPROVAL IS A DECISION OF THE DIRECTOR ON A CONCEPTUAL PLAN THAT UNDER CDC SECTION SEVEN FOR FORTY ONE IT IS APPEALABLE THAT THE PLANNING COMMISSION. SECONDLY, WE CONTEND THAT THE DIRECTOR DOES NOT HAVE THE AUTHORITY OR DISCRETION TO REFUSE TO ACCEPT A TIMELY FILE FACIALLY VALID COMPLETE APPEAL FILED PURSUANT TO SECTION SEVEN POINT TWO POINT SIXTY E TO DEEP. THERE IS NO QUESTION THAT OUR APPEAL WAS APPROPRIATELY FILED WITHIN 30 DAYS OF RECEIPT OF THE SRT DECISION AND NOW THAT THE CONCERN THAT WE HAVE IS THAT MR. GREENWAY AS THE DIRECTOR IS EXERCISING A DISCRETION THAT WE DO NOT BELIEVE HE ACTUALLY HAS THE EXPLANATION AS I'M SURE YOU ARE ALL WONDERING IS THAT THIS WAS SUPPOSEDLY A PREMATURE APPEAL BUT AS I STATED EARLIER CLEARLY UNDER THE CDC DISCUSSION OF WHAT IS A DECISION A DECISION WITH CONDITIONS IS A IS A DECISION WE CONTEND THAT THE APPELLANT WAS GIVEN. WE CONTEND THAT THE SRT APPEAL APPLICATION WAS TIMELY FILED FACIALLY VALID AND COMPLETE AND THEN MR. GREENWAY HAD NO CHOICE IN THE MATTER AND WAS REQUIRED BY THE CDC TO ACCEPT PROFILING . IT WAS IN FACT A MINISTERIAL DUTY AND OBLIGATION TO ACCEPT THE APPEAL. WE ASKED THAT THE BOARD ORDER THAT THE APPEAL BE ACCEPTED AND BE ROUTED TO THE PLANNING COMMISSION AS THE CDC REQUIRES.

[05:35:08]

UNDERSTANDING OF WHAT'S GOING ON HERE. >> YES.

SO YOU HAVE AN APPEAL. WHAT IS THE UH THE DATE ON THE CONCEPTUAL.

YOU SAID TODAY APPROVED CONCEPTUAL PLAN. >> IS IT FOR 15, 20, 25? YES. APRIL 15, 20 20 WAS THE DAY THE SRT APPROVED THE REVISED CONCEPTUAL PLAN. MISS ALSTON? THAT'S CORRECT.

RIGHT. THANK YOU SO THE THE WAY THE WAY.

YEAH. THE WAY I LOOK AT THIS IS THIS IS APPROVED BASED ON THESE LISTED CONDITION. YES. THAT IS NOT THIS THIS IS NOT AN APPROVED PLAN. HAS THESE CONDITIONS BEEN I DON'T KNOW I GUESS I CAN ASK THE COUNTY IF THESE CONDITIONS HAVE BEEN MET. WELL, AS FAR AS I WROTE TO YOU, MR. GREENWAY WROTE AN EMAIL SAYING THAT THEY HAD BEEN MET AND THAT WAS WHY HE WAS SENDING IT ON FOR FURTHER CONSIDERATION. DETERMINED THAT ON JULY 22ND THE DIRECTOR WROTE AND SAID MISS ALSTON HAS DETERMINED THAT ALL OF THE CONDITIONS WERE CONCEPTUAL PLAN APPROVAL HAVE BEEN SATISFIED WITH ANY REMAINING ITEMS NOT REQUIRED UNTIL A FINAL PLAN APPROVAL. SO I HAVE PLACED THIS ON THE JULY 29 SRT SO WE CAN APPROVE THE CONCEPTUAL PLAN AND ISSUE IN U.S. PARTY ACTION FORM WHICH WILL ALSO STATE THE ITEMS THAT MUST BE ADDRESSED FOR FINAL APPROVAL AND OUR CONTENTION WAS MR. MAK THAT THAT COULD NOT GO FORWARD BECAUSE IT WAS UNDER APPEAL AT THAT TIME WHICH IS WHAT THEN GOTTEN THEIR ATTENTION AND BROUGHT THIS ALL OF A SUDDEN. WELL, NO, IT'S REALLY NOT.

HAD BEEN ACCEPTED AND A NOTICE PUBLISHED IN THAT TIME FROM SO WHEN YOU APPEALED TO THE COURT WHEN YOU BECAUSE THIS OBVIOUSLY WENT TO COURT DO YOU HAVE THIS IN COURT?

>> NO. RIGHT. WELL, WHEN YOU APPEALED THIS TO

THE COURT, WAS THESE CONDITIONS MET AT THAT TIME? >> WELL, ACCORDING TO THE DIRECTOR, THE CONDITIONS HAD BEEN MET SUFFICIENT TO SEND IT BACK TO THE AUTHORITY FOR FURTHER ACTION IN ONE OF THE WE WANT TO HAVE AN APPEAL FROM THE COUNTY.

CAN WE HEAR FROM THE COUNTY? THANK YOU, MR.. >> GOOD EVENING.

MY NAME IS TOM CAVANEY AND I REPRESENT THE COUNTY CHAIRMAN MAC.

YOU HIT IT ON THE HEAD. I'M PASSING UP RIGHT HERE SOME EXHIBITS THAT THAT ARE AMONG

THE MATERIALS YOU HAVE. >> BUT WHAT I WANT TO DO IS ESSENTIALLY IF YOU LOOK AT EXHIBIT THREE IN THIS PACKET THAT YOU HAVE, IT IS THE SAME AS EXHIBIT B THAT MR. TAYLOR IS BASING HIS APPEAL POND EXHIBIT 3 IS NOT A FINAL DECISION AND THAT IS THE CRUX OF THE PROBLEM WHEN IT CAME TIME TO FORWARD THIS TO THE PLANNING COMMISSION.

>> I GOT INVOLVED AND WE LOOKED AT THIS AND I SAID THIS EXHIBIT B IS NOT A FINAL DECISION.

>> THE OPTIONS UNDER THE OPTIONS UNDER SEVEN POINT FOUR POINT FOUR D POINT ONE WHICH IS PAGE IT IS WHICH IS IN EXHIBIT ONE FOR YOU. IT'S PAGE SEVEN DASH 46.

IT'S ALSO PAGE SEVEN DASH 46 IN YOUR CODE IT SAYS THAT A FINAL DECISION BY THE DIRECTOR SHALL ONE PROVE THE APPLICATION OR TO APPROVE THE APPLICATION SUBJECT TO CONDITIONS OR THREE

DISAPPROVE THE APPLICATIONS? >> THOSE ARE THE OPTIONS THAT ARE IN THE BOXES.

NONE OF WHICH ARE CHECKED. AND THE REASON NONE OF THOSE ARE CHECKED IS BECAUSE THERE WAS NO FINAL DECISION IN THIS MATTER. AS OF APRIL 15TH NOW MAY 3RD

[05:40:01]

BECAUSE THIS HASN'T. >> THIS ISN'T A FINAL DECISION. THIS HASN'T BEEN APPROVED YET.

AND THE LAWYERS FOR THE LECTERNS WERE TOLD BY MR. GREENWAY WHEN WE WHEN THEY COME BACK WHEN THE DEVELOPERS SARA COME BACK IF THEY COME BACK AND SATISFY THESE THINGS, THEN WE WILL TAKE A FINAL ACTION AND FINAL DECISION. AND WHEN WE DO THAT YOU CAN

APPEAL IT. >> THAT WAS ON MAY 12TH. >> I HAD A CONVERSATION WITH THE LAWYERS. MR. TAYLOR, MR. WILLIAMS WHO REPRESENT THE LUPTON IS ON I WANT TO SAY IT WAS JULY. JULY. 28 IN WHICH I TOLD THEM THE EXACT SAME THING AND I SAID IN FACT IF YOU LOOK AT THE END IN FACT THAT I FOLLOWED THAT UP WITH A LETTER THAT'S EXHIBIT 4 IN THESE MATERIALS THAT I'VE GIVEN YET THEY'RE ALSO IN THE MATERIALS MR. TAYLOR GAVE YOU IN THIS EMAIL. I SAY GUYS, THIS IS NOT YET A FINAL DECISION. NOW THE OWNERS HAVE COME BACK TO HILLARY AND THEY MADE A SUBSEQUENT SUBMISSION IN WHICH THEY ADDRESSED THESE CONDITIONS THAT HILLARY ADVISED THEM TO ADDRESS AND HILLARY AND PLANNED TO HAVE AN S. OUR TEAM MEETING AT WHICH SHE WOULD REVIEW THIS APPLICATION AND WE TOLD THEM THAT AND WE SAID LOOK, WE'RE GOING TO BRING THAT FORWARD AND

THAT'S WHEN THEY SAID WELL WAIT A MINUTE, YOU CAN'T DO THAT. >> WE FILED AN APPEAL.

WELL, YEAH, BUT THE PROBLEM IS IT WAS A PREMATURE APPEAL AND IF YOU WANT TO GO TO GO INTO

THAT BACKGROUND, YOU GO BACK TO THE CODE AGAIN. >> LOOK AT SECTION PAGE SEVEN DASH 40 AT SECTION SEVEN POINT THREE POINT SEVENTY C TO WHAT YOU SEE THERE IS ON PAGE SEVEN DASH FOR ZERO YOU'LL SEE APPEAL PROCEDURE APPLICATION SOME MIDDLE ACCEPTANCE APPLICATIONS SUBMITTED SO THEY ARE SUBMITTED ON APPEAL THE LUPTON STATE AND AN APPEAL APPLICATION S SPECIFY THE GROUNDS FOR THE APPEAL AND SHALL BE SUBMITTED TO THE DIRECTOR WITHIN 30 DAYS.

>> NOW MR. TAYLOR SAID THAT HE DOESN'T BELIEVE THE DIRECTOR HAS THE DISCRETION ONCE AN APPEAL IS FILED TO DO ANYTHING WITH IT. WELL OBVIOUSLY THAT'S NOT TRUE.

NUMBER ONE, IT HAS TO BE IT JUST HAS TO BE FILED WITHIN 30 DAYS.

THE PLANNING DEPARTMENT RECEIVES APPEALS AFTER 30 DAYS ALL THE TIME.

THEY CAN SAY SORRY, IT'S THAT IT'S TOO LATE. BUT YOU ALSO HAVE TO HE ALSO

HAS TO EXAMINE THE GROUNDS FOR THE APPEAL. >> AND WHEN YOU LOOK AT THE GROUNDS FOR THE APPEAL, THEN IT HAS TO BE A FINAL DECISION AND IT HAS TO BE BASED ON THE FACTORS WE JUST LOOKED AT SEVEN DASH FOR SEVEN OR WHATEVER THAT WAS 40 I THINK GETS ALL THESE NUMBERS COMPLICATED BUT IT'S THE THREE FACTORS THE THREE CHOICES, THE THREE FINAL

DECISIONS THEY CAN MAKE. >> SO HE HAS TO EVALUATE THE GROUNDS FOR APPEAL AND WHEN WE

GOT INVOLVED WE DECIDED WHAT HE MEANT. >> I SAID THIS WASN'T A FINAL DECISION. YOU WANT TO MAKE A FINAL DECISION NEXT WEEK BUT THEY'RE OBJECTING TO YOU GOING FORWARD. SO WE DID NOT FORWARD IT TO THE PLANNING COMMISSION AND RATHER THAN WAIT TILL THE NEXT WEEK WHEN THE SRT WOULD HEAR THE NEW SUBMISSION AND MAKE A FINAL DECISION, THEY FILED THE LAWSUIT IN COMMON PLEAS COURT AND THEN THEY FILED AN APPEAL WITH THE BOARD OF THE ZONING APPEALS AND THEY ALSO FILED AN APPEAL WITH THE PLANNING COMMISSION. SO SUDDENLY THESE FOLKS ARE TIED UP IN APPEALS IN THREE DIFFERENT VENUES AND ONE IS THE COMMON PLEASE CALL THIS DECISION THIS ADMINISTRATIVE

DECISION HAS TO BE MADE AND HAS TO BE DECIDED IN MARCH. >> IN OUR OPINION BEFORE THE COMMON PLEAS ACTION CAN GO FORWARD BECAUSE THAT TOO IS PREMATURE.

SO BACK TO THE BASICS. EXHIBIT B TO MR. TAYLOR'S PROPOSAL TO SUBMISSION IS NOT A

FINAL DECISION. >> THERE WAS NOTHING TO APPEAL. THERE WOULD HAVE BEEN SOMETHING TO APPEAL IF MR. TAYLOR HAD LET THIS MATTER GO FORWARD THE NEXT WEEK BEFORE THE SRT AND IF IT WAS APPROVED THEN ONE OF THESE BOXES WOULD HAVE BEEN CHECKED AND THEN THEY COULD HAVE FILED

THE WHERE'S THE E MAIL IN MAYBE I'M JUST OVERLOOKING IT. >> THE E-MAIL HE SAID THAT I

[05:45:01]

5 IN THE MATERIAL I SENT YOU EXHIBIT 5 TAB 5. >> THAT'S AN EMAIL ACTUALLY FROM ERIC IT LOOKS LIKE TO MR. WILLIAMS IN WHICH I UNDERSTAND HE FORWARDED TO MR. TAYLOR BECAUSE IN EXHIBIT 6 YOU CAN SEE THAT AS MR. TAYLOR'S LETTER WRITTEN IN RESPONSE TO THE E-MAIL THAT ERIC WROTE TO MR. WILLIAMS IN WHICH HE SAID HILLARY IS DETERMINED THAT ALL THE CONDITIONS FOR CONCEPTUAL APPROVAL HAVE BEEN SATISFIED THIS.

>> SO IT WAS SO IT STARTED OFF AS SAYING THAT FALLUJAH HAS DETERMINED THAT THE CONDITIONS FOR THE CONCEPTUAL PLAN APPROVAL HAVE BEEN SATISFIED THAT WAS IN RESPONSE TO THE

APPLICANT AFTER RECEIVING THIS. >> I WOULD JUST CALL IT A COMMUNICATION OF WHAT YOU NEED TO DO CONCEPTUALLY IN ORDER FOR US TO CONSIDER YOUR PLAN. YOU NEED TO SATISFY THESE THINGS. THEY DID SATISFY THOSE AND RESUBMITTED TO THE PLANNING DEPARTMENT. THAT IS WHAT HILLARY REVIEWED IN JULY WHICH LED TO ERIC

GREENWOOD'S LETTER OR EMAIL ON JULY 22ND. >> SO AT THAT POINT THE PLANNING DEPARTMENT WAS PREPARED TO TAKE FINAL ACTION ON THE CONCEPTUAL PLAN PROPOSAL THEY WOULD HAVE AFTER THAT MEETING CHECKED ONE OF THESE BOXES AND THAT WOULD HAVE BEEN A FINAL DECISION FROM WHICH AN APPEAL COULD HAVE BEEN MAD HAD LOCAL JUST SEEM A LITTLE CONFUSED BECAUSE IN THE BEGINNING IT SAYS THAT THE CONCEPTUAL PLANNING HAVE BEEN APPROVED, HAS BEEN SATISFIED APPROVED CONCEPTUAL PLANNING APPROVALS HAVE BEEN SATISFIED WITH ANY REMAINING ITEMS NOT REQUIRED UNTIL FINAL PLAN APPROVAL.

>> AS A RESULT AS A RESULT I HAVE PLACED THIS ITEM ON THE JULY 29 SRT AT 9 A.M. SO WE CAN APPROVE THE CONCEPTION OR PLAN AND ISSUE A NEW SRT ACTION FROM WHICH WE STATED AND THEN ALL OF THESE APPEALS STARTED AND THESE FOLKS ARE STUCK WHERE THEY ARE SO WE WOULD RESPECTFULLY ASK THAT THE APPEAL BE DENIED THAT YOU ALL FIND THAT ERIC GREENWAY DOES IN FACT HAVE RESPONSIBILITY FOR INTERPRETING THE CDC WHICH HAS ALL THESE BEEN WHICH IS ALL HE DOES.

>> THERE IS A WHOLE SECTION OF THE CODE ON THAT AS WELL. IT IS SECTION SEVEN POINT FIVE POINT SIX OH IT IS PAGE SEVEN SIXTY SO IT SETS FORTH ALL THE DUTIES.

SO IF YOU LOOK AT YOUR CODE OR THIS EXHIBIT EXHIBIT 1 IF YOU LOOK AT PAGE 7 SIXTY SEVEN 61 YOU'LL SEE THAT THAT'S WHAT HE DOES. HE INTERPRETS THAT HE HAS RESPONSIBILITY THAT IS HIS RESPONSIBILITY FOR IN FACT HE IS RESPONSIBLE FOR WE JUST READ IT FROM YEAR TO YEAR SEVEN POINT FIVE POINT SIX OH THREE. THE DIRECTOR SHALL HAVE FINAL RESPONSIBILITY FOR DAILY IMPLEMENTATION AND INTERPRETATION OF THIS CODE.

IT'S PAGE SEVEN POINT SIX PAGE SEVEN POINT SIX ONE OTHER POWERS AND DUTIES THE DIRECTOR SHALL HAVE RESPONSIBILITY FOR ALL ADMINISTRATIVE FUNCTIONS NECESSARY TO ENSURE THE ADMINISTRATION THIS CODE. THAT'S WHAT HE DOES AND THAT'S WHAT HE WAS TELLING MR. TAYLOR AND MR. WILLIAMS WAS THAT EXHIBIT B THAT YOU TOOK AN APPEAL FROM PREMATURELY WAS NOT A FINAL DECISION. BUT ONCE THESE CONDITIONS IF EVER THEY RESUBMITTED AND THESE CONDITIONS WERE SATISFIED. YES. OUR TEAM WOULD LOOK AT WHICH THEY APPARENTLY INTENDED TO DO. JULY 22ND AND THEY HAD ALREADY FILED THEIR APPEAL THIS APPEAL.

I THINK THE APPEAL THAT WE DID NOT MOVE FORWARD TO THE PLANNING COMMISSION THEY HAD FILED THAT APPEAL IN MAY IN MAY. AND SO THEY TOOK THE POSITION

[05:50:07]

>> IS THIS THAT I'M JUST I'M JUST THINKING NO, I UNDERSTAND AN APPEAL IS OUT.

I NEED TO CONSULT WITH MY LEGAL IS BEING THAT AN APPEAL IS ALREADY THROUGH.

THIS ISN'T IN LITIGATION CAN CAN THIS BE SENT BACK TO STAFF FOR A CONCEPTUAL APPROVAL FOR

THE SRT? >> I DO NOT. >> WELL CAN IT BE? WELL, YOU KNOW I WOULD TAKE IT A ROOMMATE. YEAH I WOULD TAKE THE THAT IF THE APPEAL IS DENIED HE IS APPEALING OUR INTERPRETATION OF THE CODE WHICH SAYS THAT MR. GREENWAY CAN REJECT AN APPEAL AS EITHER BEING TOO LATE LIKE AS IN MORE THAN 30 DAYS LATE OR PREMATURE IN THAT THERE WAS NO FINAL DECISION IN THIS CASE IT WAS BECAUSE THERE WAS NO FINAL DECISION. THEY HAVE APPEALED OUR DECISION.

HIS DECISION OUR DECISION THAT THAT WAS THE SITUATION. SO IN MY MY OPINION YOU CAN DENY THE APPEAL AND SEND IT BACK TO THE SSA TO FOR FINAL DECISION NOW.

THEY HAVE FILED AN ACTION AND CIRCUIT COURT. WE'LL FIGURE OUT WHAT TO DO WITH THAT. BUT I WOULD ENCOURAGE YOU TO MAKE YOUR DECISION INDEPENDENTLY AND WE CAN HASH THAT OUT. THAT'S LIKE TO ASK A QUESTION ABOUT THAT. SO IF THE APPEAL IS DENIED AND THEN THE APPROVAL PROCESS GOES FORWARD, THEN THEY COULD REAL APPLY FOR THE APPEAL. RIGHT.

A ONCE THE DECISION IS MADE BY THE STAFF REVIEW TEAM IF MR. TAYLOR AND HIS CLIENT DISAGREE WITH THAT THEN THEY HAVE THE RIGHT TO APPEAL ONCE THAT TIME IS APPROPRIATE.

AM I RIGHT IN THAT ASSUMPTION? I BELIEVE THAT TO BE TRUE. YEAH, THEY'VE ALREADY THEY'VE GOT TO. AS YOU SAID I THINK TOM ATTACHED HIS COMPLAINT TO IS APPEAL. AND IN THAT HE INDICATED THAT BECAUSE THERE WAS AN A POTENTIAL ARGUMENT THEY HAD NOT EXHAUSTED THEIR ADMINISTRATIVE REMEDIES.

THEY WANTED TO BRING THIS FORWARD. SO IF THEY BRING IT FORWARD AND THEY LOSE, I WOULD SAY THAT IT GOES BACK TO THE SRT FOR FINAL DECISION IF THEY WANT TO ENJOIN THE SRT FROM HEARING IT AND MAKING A FINAL DECISION, THEN I WOULD SAY THEY CAN FILE A LAWSUIT FILE A LAWSUIT, FILE A MOTION FOR A RESTRAINING ORDER TO KEEP SRT FROM MOVING FORWARD WITH LIBYA. SIR, WHAT WOULD BE THE PATH OF LEAST RESISTANCE FOR THESE FOLKS? YES, SIR. I THINK YOU DENY THE APPEALS AND GET BACK TO OUR TEAM. I DON'T KNOW ANY OTHER WAY TO MOVE AND DIET DENYING THE APPEAL DOES NOT DENY SOMEBODY THEIR RIGHT TO LIFE FOR THAT TO BE HEARD AND THAT'S WHEN HE CAN

APPEAL. >> THAT WAS WHAT WE WERE TRYING TO TELL THEM IN JULY WHEN TOM WROTE THIS EMAIL OFF THIS LETTER SAYING WE CAN'T GO FORWARD AGAIN.

WE NEED TO GO FORWARD NEXT WEEK AND YOU CAN APPEAL. JUST WAIT A WEEK OR WHATEVER THOSE TWO WEEKS. LET SRT MAKE A DECISION. IF YOU DON'T LIKE IT THEN YOU

[05:55:01]

>> SORRY, TIRED JUST TO NAME NAME IS JENNIFER STARSKY AND MY HUSBAND AND I IN OUR

DEVELOPMENT AND WE OWN THE PROPERTY IN QUESTION. >> LAST MAY WE SUBMITTED AN INITIAL APPLICATION FOR A I DEVELOPED CAMP GROUND WHICH IS A PERMITTED USE UNDER THE CONSOLIDATED CONSOLIDATED TABLE THAT THE TWO HOUR ZONE WE WENT THROUGH FOUR OR FIVE SRT MEETINGS. WE MET THE CONDITIONS WE DESIGNED YOU KNOW EVEN IMPOSING EXTRA RESTRICTIONS ON OURSELVES. WE GOT DOWN INTO THE 11TH HOUR . IT'S REALLY NOT IT'S REALLY NOT AS A MATTER OF FACT TO QUOTE TOM FROM EARLIER IN THE EVENING THIS IS ABOUT PRIVATE PROPERTY RIGHTS AND THE BUNDLE OF RIGHTS THAT WE'RE ALLOWED TO DEVELOP. SO WE WENT THROUGH ALL OF THIS AND IN THE 11TH HOUR IT WAS IN AUGUST OF 20 20 CHET WILLIAMS REPRESENTED THE LUPTON AND FILED AN APPEAL TO THE CONDITIONAL APPROVAL DECISION STATING THAT WE COULD NOT DO US THEM.

I DEVELOPED CAMPGROUND EVEN THOUGH IT WAS A PERMITTED USE. WE DIDN'T FIGHT.

WE WENT RIGHT BACK TO ERIC. WE REDESIGNED PAID THIRTY THOUSAND DOLLARS TO REDESIGN TO A PRIMITIVE CAMPGROUND BECAUSE THAT'S WHAT THE APPEAL STATED. WE DON'T WANT YOU TO DO THAT MY DEVELOP WE WANT YOU TO DO PRIMITIVE. IT MADE NO SENSE TO US BECAUSE PRIMITIVE DESIGN GUIDELINES ARE MUCH LESS RESTRICTED THAN SOME. I DEVELOPED.

BUT OK IF THAT'S WHAT YOU WANT THAT'S WHAT WE'LL DO. SO WE STARTED THE WHOLE PROCESS OVER AND WE RESUBMITTED AND IN THE 11TH HOUR AGAIN WE GET HIT WITH THIS APPEAL AND IT'S LIKE ENOUGH WE'VE HAD ENOUGH. WE DID NOT ASK FOR A VARIANCE. WE DID NOT ASK FOR A SPECIAL PERMIT. WE DEVELOPED WITHIN THE GUIDELINES OF THE CDC.

WE WERE ZONED PROPERLY AND WE'VE BEEN 15 MONTHS AND NOW FOUR AND A HALF HOURS TRYING TO GET A SIMPLE SRT APPROVAL FOR SOMETHING THAT IS ALLOWED. SO IT IS A STALL TACTIC.

AND I HONESTLY BELIEVE THAT MR. WILLIAMS POSITION ON THIS BOARD AND TOM TYLER'S PREVIOUS KNOWLEDGE IT'S BEING USED AGAINST. AND THE PROBLEM WE HAVE RIGHT NOW IS WE CAN'T DO ANYTHING. WE'RE COLLATERAL DAMAGE IN AN ARGUMENT THAT TOM'S CLIENTS HAVE WITH MR. GREEN INTERPRETATION AND DECISION AND WE'RE FROZEN.

WE CAN'T GET A DECISION. WE CAN'T MOVE FORWARD. WE CAN'T MOVE BACKWARDS.

AND IT'S JUST IT SEEMS TO BE SOMETHING THAT'S COMPLETELY FAIR AND FINANCIALLY DISTRESSING. WE SHOULD HAVE BEEN OPEN FOR BUSINESS BY NOW.

SO MY DEVELOPED OF COURSE AND WHAT I DON'T KNOW I THINK THE THING FOR THE BOARD TO DO IS TO DENY THE APPEAL AND SEND THE MATTER BACK TO SRT SO THAT IT CAN HEAR THE HEAR THE RESUBMIT AND WE CAN WE CAN FIGURE OUT TOM TAYLOR LIFE AND FIGURE OUT WHAT TO DO WITH LAWSUITS OR INJUNCTIONS OR WHATEVER AFTER THAT IT COULD BE IF YOU DON'T MIND COMING TO THE MAKE THAT

WAY WE CAN HEAR YOU GET THIS. >> OUR ATTORNEYS KNOW THE FOR THE BOARD ANYWAYS, UH, THERE'S A FOURTH CHOICE YOU CAN AND THAT IS REMAND THE ACTION AND THE ADMINISTRATOR FROM WHICH THE APPEAL WAS TAKEN FROM SUCH ARE TAKEN FOR FURTHER PROCEEDINGS AS THE ZONING BOARD

OF APPEALS MAY DEEM APPROPRIATE . >> YOU KNOW, I DID NOT GET THAT

LAST PART IN WHAT YOU JUST SAID. >> IF YOU DON'T MIND REPEATING

IT AGAIN. >> I DON'T MIND AT ALL. SO REMAND THE ACTION OF THE MINISTRY ORDER FROM WHICH THE APPEAL WAS TAKEN FOR SUCH FURTHER PROCEEDINGS THAT THE ZONING BOARD OF APPEALS MAY DEEM APPROPRIATE. THEY WERE TALKING ABOUT DENYING SOMETHING AND GOING BACK. BUT I THINK THERE IS ANOTHER OPTION IF YOU SO CHOOSE BECAUSE THERE'S FOUR OPTIONS THAT THE BOARD HAS ACCORDING TO YOUR RULES WHAT YOU CAN DO IN

[06:00:01]

ACTION. >> SO IF WE WERE TO REMAIN WE DON'T MOVE SO WE WOULDN'T HAVE TO DENY OR TO DENY APPEAL. WE CAN JUST REMAND IT BACK TO SRT IF THEY WANT TO APPEAL THE ASSAD TEAM'S DECISION AFTER THEY MAKE AN APPROVAL OF THE CONCEPTION.

>> I BELIEVE THAT'S WHAT ARE YOUR OPTIONS? YES SIR.

THAT'S WHAT SECTION 3 OF YOUR RULES SAY VOTE ON THE APPEAL SAYS FOLLOWING THE PRESENTATION OF ALL PARTIES AS SET FORTH ABOVE THE BOARD ON A MOTION DULY MADE.

SECOND CHILD VOTE ON THE APPEAL THE BOARD SHALL AND IT SAYS A B, C AND D AFFIRM THE ACTION ADMINISTRATOR FROM WHICH THE APPEAL WAS TAKEN OR MODIFY THE ACTION MR. RADER FROM WHICH THE APPEAL WAS TAKEN AND TO DO THAT AND AND TO DO THAT IN THE ZONING BOARD OF APPEALS SHALL HAVE ALL THE POWER AS ADMINISTRATOR FROM WHICH THE BILL WAS TAKEN AND MAY ISSUE

PERMIT OR DIRECT THAT A PERMIT BE ISSUED FOR THE THIRD ONE. >> REVERSE THE ACTION OF THE ADMINISTRATOR FROM WHICH THE APPEAL WAS TAKEN. AND TO THAT END IS ONLY BORDER FIELD SHALL HAVE I HAVE ALL THE POWERS OF THE MINISTRY WHICH THE FIELDS TAKEN IN THE ISSUE PERMIT AND DIRECT. AND THE FOURTH ONE D IS REMAND THE ACTION OF THE ADMINISTRATOR FROM WHICH THE APPEAL WAS TAKEN FOR SUCH FURTHER PROCEEDING AS A ZONING BOARD APPEALS MAY BE INAPPROPRIATE. THAT'S THE FOUR ACTIONS THAT THE CURRENT YOUR RULES THAT YOU TAKE. OKAY SO BASED ON ACTION NUMBER FOUR TO REMAND YOU ARE SAYING

WE WOULDN'T HAVE TO ACT ON DENYING THE APPEAL. >> WE JUST SEND IT BACK TO

WHERE WE CAN REMAIN THAT IS SENDING BACK TO S.R.. >> TELL US WHAT YOUR RULES STATE. YES, SIR. WE I MEAN WE DENIED THE PART OF THE APPEAL THAT TO US SAID BASED ON WHAT HE'S SAYING IS FROM WHAT I'M GATHERING WE WOULDN'T WE DON'T HAVE TO DENY BUT WE CAN JUST SEND IT BACK TO S T LET THEM REVISIT IT.

>> AND IF MR. TAYLOR AFTER RECEIVING THE FINAL FROM THE CONCEPTION AND THEN THEY CAN

APPEAL IT, AM I CORRECT? >> I SAID WE DON'T HAVE TO. >> BASED ON WHAT I'M UNDERSTANDING WE WILL HAVE TO DENY WE CAN JUST SEND IT BACK TO SRT IF I'M CORRECT.

>> THAT SRT DO THEIR CONCEPTION. >> GIVEN APPROVAL O HOWEVER AND THEN AFTER THAT THE MR. O TOM COULD APPEAL THE S OUR DECISION .

>> SO IF IF WE REMANDED THAT BACK TO THE SRT WOULD THE APPEAL REMAIN ACTIVE PENDING

THE DECISION OF THE SRT? >> IS THAT WHAT THE EFFECT WOULD BE? I'M NOT UNDERSTANDING HOW THAT'S DIFFERENT FROM DENYING THE APPEAL.

>> WHY DON'T WE JUST DIDN'T PUT BACK? THAT'S ALL WE'RE DOING.

POINTED OUT THE COUNTY. SO I CAN'T GIVE YOU LEGAL ADVICE BUT I CAN TELL YOU THAT UM THE OTHER OPTION WOULD BE TO UM AFFIRM THE ACTION OF THE ADMINISTRATOR WHICH WAS NOT TO FORWARD THE MATTER ON BECAUSE IT WASN'T A FINAL DECISION WHICH WOULD THEN ALLOW THE SRT.

I THINK THAT LET THE ALLOW THE SRT TO MOVE FORWARD WITH THE. WHAT HAPPENED TO THERE'S THREE DIFFERENT WAYS WOULD YOU GIVE ONE ESTIMATE FOR THIS? YES SIR I DO HERE AT LATE NIGHT. DECISIONS ARE ALWAYS TOUGH. WE'VE LEARNED THAT SINCE WE WERE YOUNG AND IN DRINKING Y'ALL THIS IS A SET IS GOING TO SET A HORRIBLE PRECEDENT.

IF YOU JUST LOOK AT THE FACTS, WARREN, IT'S EASIER THIS TIME NOT TO GET THE LATE THIS WAS A

[06:05:05]

HE SENT IT TO THE PLANNING COMMISSION AND IT WASN'T UNTIL SOMEBODY IN THE PLANNING STAFF FOR WHATEVER REASON HAS CHOSEN SIDES IN THIS MATTER THE SAME AS THEY HAVE SET UP HERE TONIGHT AND MADE IT SOUND AS IF THE TAYLORS CHARACTER CLIENT FOR SLOWING DOWN THIS PROJECT.

THAT'S NOT WHAT THE STAFF'S SUPPOSED TO DO. THE STAFF IS SUPPOSED TO LOVE THIS. THE PROCEDURE WORKED. DO YOU REALLY THINK THAT IF SOMEBODY HAD A CLEAR CUT DECISION AT A SEMI DEVELOPED CAMPGROUND WAS FINE THAT THE SIMPLE APPEAL WOULD RESULT IN THEM PAYING THIRTY THOUSAND DOLLARS TO BRING IT DOWN TO A PRIMITIVE? THAT DOESN'T MAKE ANY SENSE. AND THAT'S NOT WHAT HAPPENED.

WHAT HAPPENED IS THERE IS A GOOD FAITH DISPUTE GOING PROPRIETY OF PUTTING THIS CAMPGROUND BESIDE THE PEOPLE WHO LIVE IN CAPITAL LOSSES. BUT THIS ISSUE THAT'S IN FRONT OF YOU TONIGHT IS AS CLEAR AS A BELL. THIS WAS A DECISION.

AND IF YOU DECIDE TO ALLOW THE DIRECTOR TO START MAKING DESCRIBE MISSIONARY DECISIONS ON A FACIALLY VALID APPEAL AND SAYING I'M NOT GOING TO ACCEPT THAT WHEN EVERYBODY ADMITS IT WAS TIMELY FILED AND THE STATUTE SAYS CLEARLY THIS WAS A DECISION IT WILL BE A TERRIBLE

PRECEDENT TO BE SET. >> IN ADDITION TO BEING TIMELY, THERE HAD TO BE LEGITIMATE GROUNDS AND THERE WERE NO GROUNDS. THERE WAS NO FINAL DECISION PROVING THAT THERE ARE ANY MORE QUESTIONS FOR ANYONE AT THE TURN OF BECAUSE WELL, I JUST WOULDN'T WANT TO PUT A MOTION APPEALING TO THE YOU WANT TO PUT A MOTION? I'LL MAKE MY 9 YEAR ARROGANCE AND SEND IT BACK FOR 30 OR THE NEXT SECOND.

>> SO THE MOTION IS DENIED THE APPEAL THAT WAY IT COULD BE REMANDED BACK TO THE SRT FOR REVIEW AND IT'S BEEN PROPERLY MADE AND SECONDLY ALL IN FAVOR OF DENYING THE SAW THE SO IT'S

BEEN PROPERLY MADE AN YOU'VE BEEN DENIED. >> OH YEAH.

DO YOU GUYS WANT TO HAS MY AGENDA? DO WE NEED TO TAKE THEM? I JUST SEE. CAN WE PUT THEM IN A TRASH CAN ? LET ME SEE. I YOU SEE THAT IN THE RIGHT PLACE.

I MEAN THE AGENDA YOUR AGENDA BECAUSE WE ARE NOT GOING TO DO MORE BORING TO NAME SO THERE'S

[24. A. 2020 Election of Chairman and Vice Chairman]

NO BUSINESS NEW BUSINESS THERE. >> I THINK WE PUSH THAT OVER TO OUR NEXT MEETING OR ELECTION UNLESS YOU GUYS WANT TO. MR. CHAIRMAN, I MOVE THAT MR. MACK BE NOMINATED AS CHAIRMAN IF WE MOVE THAT TO. A SECOND MOTION HAS BEEN THE NEC HAS BEEN A MOTION FAILED BECAUSE THERE HASN'T BEEN A SECOND. NOW MR. MCGINNIS SAID HE SECONDED A MOVE THAT NOMINATION SUGGESTED YOU MOVE THE NOMINATIONS BE CLOSED.

I SEEK MY LEGAL FOR THIS FOR SOME ADVICE BECAUSE I CAN DENY THAT ANYONE ELSE WOULD LIKE TO BE CHAIRMAN. I MOVE THE NOMINATIONS BE CLOSED BUT WE HAD A VOTE ON CHAIRMAN BUT THERE'S ONLY ONE TIME I MOVE THAT MR. MACK BE ELECTED CHAIRMAN BY ACCLIMATION

[06:10:02]

BY MEETING A GOOD IDEA IN BAGHDAD. >> SO I SAID SECRETARY OK, LET ME ADD A SECOND. I DID THIS. STATE LAW ALSO REQUIRES THAT WE APPOINT A SECRETARY AND I WOULD NOMINATE HILLARY AS OUR SECRETARY.

THAT'S A GOOD DONE DRESSED. IT'S YOUR JOB. SHE'S NICE.

THERE'S A COUPLE. YES, SIR. YOU KNOW, I.

I TOLD YOU I'D SUPPORT YOUR YEAH. AND I GET A MOTION TO ADJOURN.

I MAKING SOME I SECOND PROBABLY MADE A SECOND

* This transcript was compiled from uncorrected Closed Captioning.