Beaufort County Council approves ATAX ordinance, authorizes settlements and waives privilege after executive session

Beaufort County Council voted on Nov. 18 to approve a second-reading ordinance allocating state ATAX funds and took several actions arising from an executive session, including authorizing settlement negotiations in two legal matters and waiving attorney-client privilege to release a final report about a county property purchase.

The vote on the ATAX ordinance — described by the chair as an appropriation of state ATAX funds “as recommended by the state ATAX committee in compliance with the recommendations of the South Carolina Code of Laws” — was moved and seconded and approved on second reading without objection, the chair said.

The meeting recessed into executive session under South Carolina Code sections 30-4-78(2) and 30-4-70(a)(1) to receive legal counsel and discuss personnel and claims. Returning to open session, Council member Lawson moved that the council "authorize a Denton County Attorney and our outside counsel in the case of Redfish Holdings versus Buford to negotiate a settlement in the amount and for the terms as discussed in executive session. And if successful, the county administrator to execute a settlement agreement for the amount and terms as discussed in executive session," and Mr. Bartholomew seconded. The chair stated there were no objections and the motion was approved.

On the matter of the county administrator’s recommendation concerning item 8, the county administrator recommended that the council waive attorney-client privilege and that "the report be, made, released to the public" in order to promote transparency about the purchase of 20 Barrel Landing Road. Council member McKellen moved to accept that recommendation, a motion was seconded and the chair announced the motion carried without objection. The transcript specifies the waiver applies only to "the final report generated by counsel." The county did not disclose the content of that report or any settlement amounts in open session.

For the Okatie River Park / Pepper Hall LLC matter, the chair asked for a motion authorizing the county attorney to execute a negotiated settlement as discussed in executive session; the motion was moved and seconded and the chair recorded that the item "is carried with 1 objection." A council member in open session said, "Just wanna object." The transcript does not record a roll-call or a tally of yes/no votes, nor does it state any settlement amounts or the specific terms discussed in executive session.

There were no citizen comments during the meeting. The chair noted that the executive session would likely last about 30 minutes before returning to open session. With no further action, the council adjourned at 6:19 p.m.

What happens next: the settlement authorizations will allow county counsel and outside counsel to negotiate terms with the plaintiffs; if negotiated settlements are reached, the county administrator has authority (per the motion on Redfish) to execute settlement agreements. The final report specified for release under item 8 will be released publicly, per the council’s vote, in its final form.