City Council - Regular Meeting

Is

there a motion That's okay. Is there a motion to come out of Is there a motion to come out of executive session? Um, Councilman Msina made the motion to come out of executive session. Second, please.

I second. Uh, Councilman Councilwoman Morgan made the second the motion. All in favor? Thank you,

Madam Chair. Um, Daniel Pler on behalf of City Akin as attorney of record. Uh, as stated previously, the city council has been at executive session uh, pursuant to a mediation conference related to the uh, David W. Blake at AL versus City of Aken at AL matter. Um, at the conclusion of that mediation, a settlement proposal has been presented that I'd like to publish for the record and on behalf of uh the city of Aken as your attorney of record um that I recommend the city council adopt. Um it starts with the background of the case. Plaintiffs do not seek damages in their complaint. While project pales has been stopped and the AMDC has been dissolved, plaintiffs continue to seek declaratory judgment and injunctive relief to prevent the recurrence of similar improper behavior by the city of Aken and in parentheses city and its agents. Settlement conditions will be embodied in a settlement agreement and joint stipulation, including acknowled acknowledgements described below. Settlement agreement and joint stipulations. Plaintiffs agreed to dismiss the case and any associated appeals with prejudice provided defendants enter a settlement agreement and joint stipulations containing the provisions set forth below and comply with the settlement agreement in all material respects. One, defendants assert that they have always striven to comply with the South Carolina state law, including the community development law and the Freedom of Information Act and the City of Aken code of ordinances and remain committed to do so. Number two, defendants agree to pay a portion of the legal fees and expenses plaintiffs claim to have incurred in this litigation. Three, the city council agrees to engage expert services to review and offer recommendations relating to governance and procurement procedures, including A conflict of interest disclosure, recording and handling, and B procurement assessment,

management, and asset disposition procedures, and C the city's foyer procedures, and DRB procedures. This engagement of expert services will include recommendations to be provided to the public that the city will then consider enacting as appropriate after public comment. The city council shall also schedule for itself two hours of refresher training and fiscal responsibility, governance, transparency, and ethics at least every other year. Four plaintiffs agree to execute a more detailed settlement agreement that dismisses all claims that were brought or could have been brought in the matter entitled David W. Lake Edal versus City of Aken Edal bearing civil action number 2020 CP021498 currently pending in the county of Aken Court of Common please and all associated appeals and further give their author their attorneys authority to enter a stipulation of dismissal of the lawsuit and withdrawal of set appeals. The joint stipulations. The parties stipulate to the following based on information that came to light beginning in June of 2022. One, the Aken Municipal Development Corporation, AMDC, awarded a contract to a developer for project Pascalis without first advertising publicly requests for proposals, which all parties acknowledge was a violation of the South Carolina Community Development Law. two that the requests for proposals for the contract in question were originally sent out to be advertised but were later withdrawn by the former executive director of the AMDC. Three, the AMDC was not aware of the actions of the former executive director of the AMDC prior to awarding the contract. Those are the terms of the proposed settlement.

Thank you. Is there a motion to accept this proposed settlement? Madame Mayor, I so move. Uh, Councilwoman Brol made the motion and a second. Madame Mayor, I second that motion. Uh, second from Councilwoman Price. Comments from the public. Good afternoon.

Good afternoon, uh, Madame Mayor, members of council. Once again, my name is Andy Gouter. I apologize for my voice, which I've lost. Uh but on behalf of the plaintiffs and my uh co-consel, Senator Rose, uh we would thank the count the uh council and you for your diligence today, for your effort, for your time, and for your goodwill, and we heartily uh accept and agree to the proposed settlement as read. Thank you. Thank you very much. Yes, sir. Good afternoon.

Good afternoon, Madam Chair. Uh my name is Andrew Lindamman. I represent the Aken uh design review board, the DRB. Um on behalf of the DRB, we accept and agree with the terms of the settlement as outlined and recommend and request that uh council approve the settlement. Thank you. Good afternoon to you, Madam Chair. My name is Victor Seager and as council of record for the AMDC, we agree and accept and recommend that this court or that this council accept the terms of the settlement.

Thank you. Thank you very comments from the public. Comments from council. All those in favor? Thank you. Unanimous. Uh, is there a motion to come out of uh to adjourn this meeting? So move. Councilman Msina made the motion. Second, Madame Mayor and a second from Councilwoman Br. All in favor? Thank you. It's unanimous. Meeting is adjourned.