Dear Palmetto Bluff Neighborhood Association Member,

We are excited to announce that Kate Schaefer from the Open Land Trust (openlandtrust.org), and Jesse White from the Coastal Conservation League (coastalconservationleague.org) have agreed to come and speak to our Membership on June 3, 2022. Both biographies and organizational information are available at the perspective websites. 

Our guests will describe their organizations, objectives, and how PBNA Members can get involved.  A question and answer session will follow the presentations.

We hope that you will plan to join us at the River Road Lodge to learn more about these two positive forces in our community.

As always, please send any questions or comments our way.  We enjoy hearing from you. 

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

Dear Palmetto Bluff Neighborhood Association Member,

We hope this note finds you happy, healthy, and prosperous as Spring arrives in full force on the Bluff.

We are excited to announce that Kate Schaefer from the Open Land Trust (openlandtrust.org), and Jesse White from the Coastal Conservation League (coastalconservationleague.org) have agreed to come and speak to our Membership on June 3, 2022. Both biographies and organizational information are available at the perspective websites. 

Our guests will describe their organizations, objectives, and how PBNA Members can get involved.  A question and answer session will follow the presentations.

We hope that you will plan to join us at the River Road Lodge to learn more about these two positive forces in our community.

Unrelated, we have posted a new FAQ on the PBNA Website in the Member Area concerning the financial reserves of the Preservation Trust.  Please take a look at this important issue.  

As always, please send any questions or comments our way.  We enjoy hearing from you. 

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

Dear Palmetto Bluff Neighborhood Association Member,

We recently sent you a Communication relaying that the Town of Bluffton’s Negotiating Committee will meet on May 17, 2022 at 2pm to consider the SSP proposed amendments to the Development Agreement regarding a second dry stack and overwater fueling at Anson.  The updated FAQ on this subject is available on the PBNA website  

We wanted to pass on the names and email addresses of the the Negotiating Committee obtained from the Town for those of you who may not be able to attend but would like to voice your support or displeasure with the proposed amendments.  

Lisa Sulka	Chair - Mayor	lsulka@townofbluffton.com
Fred Hamilton	Affordable Housing Committee Chair	fhamilton@townofbluffton.com
Alice G. Howard	Beaufort County Council Chair or Designee  (Designee)	ahoward@bcgov.net
Berl Davis	DRCI Chair or Designee	bdavis@palmetto.coop
Amanda Denmark	Planning Commission Chair or Designee	amanda@pscottarch.com
Ashley Feaster	Bluffton Citizen	ashleynfeaster@gmail.com
Carol Pringle	Bluffton Citizen	raycarolpringle@yahoo.com

As always, we enjoy hearing from you.  Please send comments and questions our way.

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

Dear Palmetto Bluff Neighborhood Association Member,

We hope that this note finds you happy and well, whether you are in Palmetto Bluff enjoying the beautiful April weather or elsewhere.

Several members have contacted us about the issue of noise from weddings and other events organized by the Montage Hotel in community spaces such as Wilson Village and Moreland Landing. Recently a large wedding was even held at Longfield Stables, causing disruptions to our neighbors who board their horses there.  

The Bluffton Town Noise Ordinance appears to restrict noise to a maximum of 50 decibels and states that the noise cannot be heard beyond 250 feet. Some of our neighbors believe that this is being exceeded.  One of our Members has contacted Mayor Lisa Sulka and The Town Council along with The Police Chief.

Some of our Members have been told by the Bluffton Police Department that weddings are protected from the Town Noise Ordinance as PB is a Private Club.  Some residents argue that these weddings are ‘for profit’ events organized by the Montage Hotel and should be regulated by the existing Town Ordinance.  

One of our Members, Jimeale Hede, is organizing a petition

to attempt to correct this issue at the Town Council level.  If you would like to support Jimeale’s efforts, we recommend that you contact Jimeale Hede at JJHEDE@icloud.com / 917-363-6688 to learn more before deciding to sign the petition.  The Hede family is taking this action after contacting South Street Partners without reply.

(Click here) to review the petition online.

As always, we enjoy hearing from you. 

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

Dear Palmetto Bluff Neighborhood Association Member,

We have an update from the Town of Bluffton on the earlier information (below) that we provided concerning the proposed amendments to the Development Agreement regarding a second dry stack and overwater fueling at Anson.  The Town has informed us that the Negotiating Committee will next meet on May 17, 2022, at 2pm to consider the SSP request.   The meeting will be held at the Town Hall, at 20 Bridge Street in Bluffton. The public is invited to attend and normally is allowed to contribute during the public comment portion of the meeting. In addition, you can email comments to Committee members.

Generally, materials prepared by Town Staff and the applicant (in this case, SSP) are provided to the Committee before the meeting. These materials are public, and can be accessed via the Town’s website, (Click here). As of today, no materials are posted.

To remind, the seven-member Negotiating Committee is tasked with assisting Town Council by coordinating and negotiating on behalf of the Town with applicants, property owners, and their representatives to define proposals, terms, and commitments related to Annexation petitions, Development Agreements and any subsequent modifications per the Resolution adopted on July 20, 2010, establishing the Committee.

Proposed Amendments to the Development Agreement regarding a second dry stack and overwater fueling at Anson.  Our most recent information from the Bluffton Town Manager is that SSP initiated further discussions with Town staff in mid-March but has yet to request a second formal meeting of the Negotiating Committee.  As you may recall, the Bluffton Town Council referred the question to the Negotiating Committee on November 9, 2021 and the Negotiating Committee met on January 6, 2022 for two hours.  At that meeting, the Committee Chair instructed SSP to conduct a community meeting with PB property owners, which SSP held on February 17, 2022.

Please reach out to us with any questions or comments.

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

Dear PBNA Members,

Many of you have suggested we publish a regular, periodic update or newsletter, and this is our first.  The format and timing will likely evolve but for now we commit to updating members every other month.  Of course, these newsletters will not replace subject specific emails on important topics that seem to arise with some regularity.

Proposed Amendments to the Development Agreement regarding a second dry stack and overwater fueling at Anson.  Our most recent information from the Bluffton Town Manager is that SSP initiated further discussions with Town staff in mid-March but has yet to request a second formal meeting of the Negotiating Committee.  As you may recall, the Bluffton Town Council referred the question to the Negotiating Committee on November 9, 2021 and the Negotiating Committee met on January 6, 2022 for two hours.  At that meeting, the Committee Chair instructed SSP to conduct a community meeting with PB property owners, which SSP held on February 17, 2022.

Litigation.  As we reported in our April 17^th FAQ, a group of Palmetto Bluff property owners initiated a lawsuit, filed on April 12, 2022, against the PB developer (and related entities and individuals).   Please know that this litigation may take two to four years to resolve, and we have no news to report now.  Based upon our research, no further legal steps have been taken beyond what we reported to you earlier.

Ambassador Program.  We are happy to report that we have received enthusiastic responses and support for this program.  Rick Cedrone, John Boneparth, Rob and Shari Darling are working to activate this program to welcome new property owners and residents.  They will be planning training for those who have volunteered to be Ambassadors.  Thanks to all of you.

Unaccompanied Guest Policy.  While we have received many comments (both pro and con) about this new policy, we have also received requests for clarifications.  Unfortunately, we know no more than you, and we continue to recommend that you contact PB management, Rob Duckett (rduckett@southstreetpartners.com), with your questions and concerns.  

Next live PBNA member meeting.  We are lining up representatives from the SC Coastal Conservation League and the Open Land Trust (formerly known as the Beaufort Open Land Trust) to discuss their activities and programs to keep our corner of South Carolina a special place.  We will announce a date, time and place shortly.

FAQ Zoom Meetings.  We will pilot 45-minute zoom calls to explain selected FAQs, including time for member Q&A.  These will be scheduled and announced shortly.   The first two will address PB entity structure and member rights under the governing documents.  If these zooms prove useful, we will schedule additional zoom meetings. 

Future FAQs.  We plan to post a FAQs on financial reserves, generally, and specifically regarding the PB Preservation Trust.  In addition, we are working on another FAQ regarding the PB Conservancy. 

PBNA Financials.  Our 1Q2022 financials are now posted on our website, pbnabluffton.com.

Feedback.  We welcome and enjoy feedback.  Please reach out to us at pbna2020@gmail.com.

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

Dear Palmetto Bluff Neighborhood Association Member, Your PBNA is interested in increasing support to our PB community.  To this end, we have been working on developing a program to help fill a critical void in our community with respect to being a resource to the existing and ever-increasing number of new residents that are arriving daily.  This initiative is not meant to replace anything that anyone is doing currently to embrace and assist our new neighbors.  Instead, we hope that we can augment what others are doing.   Please see the proposed information paper on where we would like to go with this. (Click here) In short, we would like to be able to identify new residents, pair them up with an ‘Ambassador’, and make newcomer’s transitions easier -- a true ‘neighbor to neighbor’ program.  We would also place the resources that we have developed on the PBNA website for all to use.  Recommended service providers will be sourced from PBNA members -- everything from DMV info to pet care, to where to get your hair and nails done.  Our special thanks to PBNA Members, John Boneparth, and Rob & Shari Darling, John came forward with this idea and the others quickly rolled up their sleeves by joining him and other PBNA volunteers to flesh the idea out.  John had seen a similar program work at a previous community and being new here, believed that it was missing at PB. We approached and attempted to collaborate with Gray Ferguson several times to ensure that PB management’s perspectives were considered.    In the end, while Gray understood the need for such an initiative and thought that program outline was ‘outstanding,’ he did not support partnering with the PBNA on this endeavor.  Regardless, we want to press on and assist as many of our neighbors as possible through this ‘neighbor to neighbor’ approach.  We need your help.  Please review the outline and consider if you would be available to be an Ambassador for your neighborhood.  We will provide very helpful handouts and training.  The more Ambassadors that we can identify, the more coverage we can extend to our neighbors.  Given the lack of PB management support, we will also need your assistance in identifying new residents so that we can reach out as soon as possible.  Once we have a quorum of Volunteers, we will convene a training session on property. As always, please continue to communicate with any comments or questions that you may have. We enjoy hearing from you.   Warm regards, PBNA Volunteers Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

On April 12, 2022, a group of Palmetto Bluff property owners initiated a legal action in the County of Beaufort’s Court of Common Pleas, which is the relevant court for a real estate dispute concerning Palmetto Bluff.  The filing is essentially a “Complaint,” and asks that the Defendants respond to the arguments in the Complaint.  For those who have had trouble accessing the document, here is a PDF copy of the Complaint {Click Here}

To best understand this FAQ and the substance of the legal action, we suggest you first read (or re-read) three other PBNA FAQs found on the PBNA Website to familiarize yourself with the basics:

• What is the longstanding controversy around the rental properties, and when will this be settled?
• Can you explain in plain English the various entities that make up Palmetto Bluff?
• I was given a lot of documents when I bought my property, but I never read them. I also understand there are other important governing documents. What do I need to know about these?

This legal action was initiated by a group of approximately 20 Palmetto Bluff property owners (some are individuals, others are couples, trusts, or LLCs)—collectively known as the plaintiffs—against several Palmetto Bluff entities as well as individuals who are Stewards of the PB Preservation Trust’s governing board:

• Defendant entities include PB Development, PB Club, PBLH (hotel owner), PB Real Estate, PB Preservation Trust, PB Preservation Trust Board of Stewards, SSP, along with a placeholder for additional entities as may be identified as the legal action proceeds
• Defendant individuals, all members of the PB Preservation Trust’s governing board, include Jordan Phillips, Mark Polities, Gray Ferguson, and Henry Armistead

The 83-page Complaint is broad and comprehensive.  The Complaint:

• Is not limited to the Short-Term Rental (SRT) issues; rather
• Argues that the underlying PB governing documents are illegal under SC law
• Argues that the owners have operated inappropriately and have failed to meet their fiduciary obligations and duty of care

This legal action could have broad implications for all PB property owners.  While it is impossible to predict what will happen, here are some things to keep in mind:

• The expected litigation is likely to take two to four years
• All filings and court proceedings are public documents, and are likely to attract attention from the press, the real estate broker community, and other interested parties
• The litigation may create a cloud of uncertainty, which some property owners believe could hamper the marketability and value of PB homes and lots
• If certain of PB’s governing documents are declared illegal, it is unclear how new documents would be drafted and approved

To keep this FAQ brief (and timely), we will post additional FAQs as relevant information becomes available.

One more thing:  As this FAQ describes the circumstances around a legal matter, a disclaimer is in order.  Please know PBNA is simply an observer and is not party to the action and has no access to any material non-public information.  Should any of our kind readers choose to join this legal action, you cannot and should not rely on any information from the PBNA.

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

Dear Palmetto Bluff Neighborhood Association Member,

Some of you may have heard about a complaint involving Palmetto Bluff filed on April 12, 2022 in Beaufort County Court against several defendants including South Street Partners by officials representing some short-term rental owners. At this link is the publicly available document from the Beaufort County Court House that lays out the complaint.  ( PDF Here)

We are preparing a summary and FAQ, which we hope to distribute to you in the next couple of days. 

In the meantime, we merely wanted you to have the document to read and interpret on your own.  For a listing of the defendants and plaintiffs (Click here).

As always, we enjoy hearing from you.  Please send any comments or questions our way.  

Warmly,

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

Dear Palmetto Bluff Neighborhood Association Member,

Recently,  SSP distributed a new ‘Houseguest Policy’.  (Click here to read).  

Several PBNA Members have written to ask what we think it means.  Others have written with summaries that are dissimilar from their neighbor’s interpretation of the same policy.  The truth is that many folks found it confusing.   

We have been suggesting that Members who have questions or concerns contact Rob Duckett directly (rduckett@southstreetpartners.com).  We believe that this will accomplish two things.  First, you should be able to get correct answers to your questions from the source, and second, it may serve as a reminder that SSP agreed to hold meetings with residents, when they had ‘important information to disseminate’.  From the responses we have seen to this policy, we believe that this issue has reached the threshold for being both important, and complicated enough for a short meeting with residents.

As always, we enjoy hearing from you.  Please send any comments or questions our way.  

Warmly,

PBNA Volunteers 

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone