Criminal Defense Attorney inBluffton, SC

BLUFFTON — A local state senator called it "gamesmanship."

The chief executive of a competing hospital said the developments were "very frustrating."

Two weeks after a Lowcountry provider dropped plans to build a new hospital due to a lawsuit, one of the opponents proposed its own plans to create a new site nearby.

On Sept. 10, Beaufort Memorial Hospital withdrew its application to open a 20-bed hospital, succumbing to a lawsuit backed by North Carolina-based giant Novant Health.

More than two weeks later, Novant unveiled plans to open a 50-bed site in Bluffton. In a Sept. 26 news release, the nonprofit said it plans to expand the hospital to 100 beds in the future.

Health

The twin announcements continue the saga to expand health care access in Bluffton that has dragged on more than six years, intersected with a major legislative change and legal challenges. Novant now must navigate South Carolina's certification process, which could take years if there's legal opposition.

Asked whether Beaufort Memorial would challenge Novant's application to open the hospital, Chief Executive Officer Russell Baxley said the community medical provider is "looking at all of our options on the table at this point in time."

Beaufort Memorial initially announced plans to open a Bluffton hospital in 2018. The state health department approved its application to open the operation in July 2018, awarding a Certificate of Need for the $45 million project. While these certificates were designed to keep medical expenses down and control health services, the appeals process could also delay providers from opening new facilities.

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That proved true for Beaufort Memorial. The community hospital's certificate was challenged in court by Tenet Health, which owned facilities in Hilton Head and Hardeeville, and Candler Hospital in Savannah. Each of these entities raised questions about the project's financial feasibility and the need for a new hospital in the region. The case that began in October 2018 endured a stay that approached three years, while a related case was pended in a higher court.

A change to state law altered the complexion of the litigation. Gov. Henry McMaster signed a bill in May 2023 that would sunset the hospital certification requirement by 2027.

State Sen. Tom Davis, R-Beaufort, helped sponsor the bill. He said in a message that he wished there was no sunset, and that the repeal was immediate, but added that passing major legislation is difficult.

Citing the legislation, Candler dropped its legal challenge in September 2023. The S.C. hospitals continued to pursue the case through a December trial. Novant purchased the facilities in February.

Baxley said Beaufort Memorial met with Novant shortly after the nonprofit's acquisition to see if the organization would relinquish its legal challenge, which Novant declined.

Novant S.C. Regional President Jason Bernd said in an interview that the organization did not want to make any major strategic decisions while it assessed what the community needed. Dropping the lawsuit would qualify as a major strategic change.

Seeing that the litigation could continue well into the future, preventing Beaufort Memorial from achieving its January 2025 timeline for ground breaking, the community hospital opted to withdraw its certificate. Instead Beaufort Memorial intends to build a medical office building, freestanding emergency department, and ambulatory surgery center in its place.

"We felt forced to drop our CON in order to continue to avoid significant delays to build a hospital in the Bluffton area ... so we could move forward with a facility to meet the needs of the community" Baxley said. After dropping the CON, "(Novant) announced that they're going to build a hospital to meet the needs of the community. And I just find it very frustrating to say the least."

Davis called Novant's efforts "gamesmanship" and said the dispute between the two facilities showed why the state needed to repeal its CON requirement.

"There should not be artificial impediments to the flow of private capital into the development of new health care facilities," he said.

Bernd said the timing of the announcement about building the new hospital was not affected by the lawsuit. He said the plans were in the works for around the past half year.

Beaufort County News

Novant will need to submit a CON application to the state's health department, which Bernd said the organization plans to file imminently. According to state regulations, the department will make a decision on the effort between one and four months after the agency deems the application is complete, a process that can also take several months. Facilities and individuals affected by the nonprofit's plans can appeal an approval, potentially further delaying a groundbreaking.

Bernd said that construction for a hospital this size typically costs between $250-$300 million. Funds will come from Novant's organization, he said. The nonprofit also plans to open additional facilities, including its own ambulatory surgery and freestanding emergency department.

Baxley, of Beaufort Memorial, said it has been trying to fulfill the community needs all along.

"There's a need for beds there," Baxley said. "Somebody else decided that it wasn't going to be Beaufort Memorial beds."

Hurricane Helene hit the Lowcountry Sept. 26, leaving thousands in the dark as well as a trail of debris, broken powerlines and downed trees.

High winds, driving rain and several confirmed tornadoes ripped through Beaufort, Jasper and Hampton counties as the storm continued through Sept. 27. Throughout both days of the hurricane, there had been numerous reports of downed trees and powerlines as well as reports in all three counties of trees which had fallen on homes.

The peak wind gusts reported by the National Weather Service for Jasper County was 58 miles per hour and 75mph in Beaufort County, followed by Hampton County with a gust of 54mph.

Rainfall amounts following Hurricane Helene were 5.44 inches in Beaufort County, 5.41 inches in Jasper County and 8.15 inches in Hampton County, according to National Weather Service reports.

Although the storm departed the Lowcountry that Friday afternoon, power was scarce in the three counties as the storm toppled entire powerlines and snapped power poles in half.

Throughout South Carolina, more than 425,000 S.C. Electric Cooperative customers were without power Sept. 27. Dominion Energy reported that more than 386,000 of its customers were without power.

As of Sept. 30, Dominion reported that restoration of 95 percent of the power in the affected areas would be estimated to be completed by Oct. 2 at 11 p.m. in Jasper County and Oct. 1 at 11 p.m. in Beaufort County with the exception of Daufuskie Island that did not have a timeline listed for restoration.

On Sept. 30, around 1 p.m., Palmetto Electric Cooperatives, who has service areas in Hampton, Beaufort and Jasper counties, reported there were 1,744 members without electricity. At the height of the storm on Sept. 27, the cooperative reported there had been approximately 19,000 members who were without electricity.

If you are a resident without power, the Town of Bluffton asks citizens to please ensure Dominion Energy is aware of your outage. Please ensure your outage is logged with Dominion Energy. Dominion Energy Key Contact Numbers:Dominion Energy SC Customer Service: 1-800-251-7234Downed/Sparking Lines: 1-888-333-4465Power Outage: 1-888-333-4465Gas Leaks: 1-800-815-0083

The National Weather Service in Charleston confirmed there were three tornadoes in Beaufort County, including two on Sept. 26. One was on Daufuskie Island which happened around 7:03 a.m. and touched down on Daufuskie Island near Driftwood Cottage Lane.

The tornado then continued northward across Daufuskie Island, snapping trees on Stoddard Court and on Martin Angel Lane near Captain Monroe Lane. It then crossed over the marsh between Daufuskie Island and Palmetto Bluff. The weather service said trees were snapped between Corley Street and Maritime Road near Old Moreland Road and also Amaranth Road at Moreland Road before dissipating just north of Big House Plantation Road.

The second confirmed tornado happened at 7:20 a.m. that developed near Headwaters Road which led to some minor and sporadic damage to small limbs and branches, the weather service said. As the tornado moved rapidly northward, it crossed the far western marshy area of the May River, then crossed May River Road, where its snapped and uprooted some trees, before it dissipated just to the north.

Another tornado was reported in Beaufort County the next day in Gardens Corner around 1:29 a.m., according to National Weather Service reports. The tornado began just southeast of Washington Farm Road, where a few trees were uprooted and snapped, then traveled toward the northwest and snapped and uprooted some trees along Stroban Road near Daniels Drive. As the tornado approached Highway 17, it uprooted and snapped a few trees roughly between Farm Road and Cherry Oak Mews before dissipating over a marshy area just north of Highway 17.

The Town of Bluffton is prioritizing permits needed for storm recovery at no cost to residents. Town staff members are prepared to assist homeowners who need emergency permits for repairs or to document damage from the storm. Chief Building Official Rob Currall stresses the importance of documenting damage to support future insurance claims, similar to a car insurance claim, in the event of repeated weather incidents with similar damage.

Bluffton offers basic guidelines for emergency permitting:

Permits Not Required: A permit is not required for debris removal or minor repairs to prevent further property damage or personal injury. Generally, replacing items with “like for like” due to storm damage does not require a permit. Minor water leak repairs that do not involve structural, mechanical, or electrical systems also do not require a permit.

No Charge for Emergency Permits: There is no fee for emergency permits.

Duration of Emergency Permitting: Emergency permitting is in effect for 30 business days. The Town may extend or rescind this period as needed.

Special Requirements for Certain Areas: If you live adjacent to a Highway Corridor (including Hwy. 46, 170, 278, or May River Road) or in the Bluffton Historic District, you are required to provide pre-disaster photos when applying for a permit. Be aware that specific rules, regulations, and codes apply to repairs in the Historic District.

Structural Damage: If your property has structural damage, please bring photographs of the damage. Each case will be assessed individually.

Important Contact Information:

For further information on processing repairs, please contact Town staff:Town of Bluffton Customer Service Center: 843-706-4522 (for permits, applications, etc.)Town of Bluffton Business License: Email: [email protected] or call 843-706-4526.

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Expected to reach Florida’s Big Bend region late Thursday, the predicted incoming impacts for Hurricane Helene triggered a tropical storm watch for the Lowcountry.

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After a night of heavy, whistling winds and widespread power outages across the county, Hilton Head Island emerged from the storm largely unscathed. In fact, the island was as lively as ever.

Residents and visitors were out and about in large numbers in the Coligny Beach area, chatting over the noise of workers’ leaf blowers and trees rustling in the still-strong wind. Bicyclists navigated through paths and parking lots strewn with leaves and tree branches. Business owners launched cleanup efforts, preparing for the surge of customers that would come with the warm weekend.

Hilton Head dodged the brunt of overnight damage from Helene, which was downgraded to a tropical storm early Friday morning as it launched a deadly onslaught in Florida and Georgia. With most of its electric lines located underground, the island was safe from the on-and-off power outages that still plagued surrounding areas well into Friday morning.

And while the storm system already promised pricey rehabilitation efforts in northern Beaufort County — washing boats into backyards, damaging docks and flooding Beaufort’s waterfront park — damage appeared minimal on Hilton Head. With a broom and some determination, most evidence of the previous night’s conditions could be swept away by the morning’s end.

Crews from Hilton Head Island Fire Rescue responded to about 40 storm-related incidents between midnight and 9 a.m. Friday. The agency reported 35 downed trees, two of which damaged buildings, according to spokesperson Joheida Fister.

Dozens of walkers and bicyclists on Coligny Beach braved the continuing strong winds Friday morning, even with small children and dachshunds in tow. At times, gusts reached above 30 mph on the low-tide sands, which were littered with seaweed and other small pieces of debris.

Pittsburgh natives Ted and Andrea Swoger had vacationed in Hilton Head for about 20 years, but Helene was the first real storm they experienced on the island. They began their stay at the Seaside Villas at the beginning of the week and didn’t think once about cutting it short due to the weather.

“We walked the beach this morning like we always do, just to see what was happening,” Andrea Swoger said. “We didn’t have any bad experience.”

After their walk, the Swogers sat down for breakfast at Sweet Al’s Cafe, watching Hilton Head wake up around them.

“Looks like the island’s up early, cleaning up,” Andrea Swoger said with a smile.

This story was originally published September 27, 2024, 11:47 AM.

At the southeast corner of New Riverside Road and S.C. 46, “coming soon” signs are popping up throughout the New Riverside Village, a 35-acre development of homes, shops restaurants and a park. In February 2020, Bluffton Town Council approved the initial master plan for the development, and now, the majority of storefronts have been secured by tenants.

The town-owned village pond, surrounded by a paved walking path, separates two sides of retail and restaurant development. On one side, Compass Commons at New Riverside, a development of The Richardson Group, a real estate development and management firm, will expand across four buildings and 16,000 square feet. The seven tenants, five of which have confirmed leases, are each businesses that have already established roots in the Lowcountry.

Lee Lucier, Chief Operating Officer of The Richardson Group, said that their goal was to help local businesses that “were part of the thread of the community already” to continue building their portfolio:

According to Lucier, two additional tenants will join the confirmed five, but logistics are still being worked out. There is also one additional space available for lease that has yet to be filled, Lucier said.

Lucier predicted that the majority of the shops would open up after the new year in January. The Frosty Frog and Local Pie will come on board by March.

AVTEX Commercial Properties, led by Tex Small, is developing on the opposite side of the pond.

So far, according to Small, these tenants include:

The Bluffs Spa is set to open by next week. Depending on permitting from the town, they are aiming for all of the stores and restaurants to be open by the first quarter of 2025, Small said.

Despite “coming soon” signage, Olive & Fig will not be opening up its second location in the New Riverside Village community according to Small. There has been great interest in the storefront from other potential tenants, but no official letter of intent has been signed, he said.

This story was originally published September 26, 2024, 9:05 AM.

The Island Packet

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Chloe Appleby is a general assignment reporter for The Island Packet and The Beaufort Gazette. A North Carolina native, she has spent time reporting on higher education in the Southeast. She has a bachelor’s degree in English from Davidson College and a master’s degree in journalism from Columbia University.

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Expected to reach Florida’s Big Bend region late Thursday, the predicted incoming impacts for Hurricane Helene triggered a tropical storm watch for the Lowcountry.

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Several hours before Hurricane Helene was expected to hit Florida’s Big Bend region, radar indicated that it was “likely” a brief tornado touched down in Beaufort County.

National Weather Service Meteorologist Emily McGraw said the service had seen some damage like snapped trees and debris early Thursday morning. However, whether a tornado caused the damage is not confirmed, McGraw said. The NWS issued a tornado warning at 7 a.m. Thursday and it was lifted at 7:45 p.m.

At about 7:03 a.m., tree damage was seen on Daufuskie Island, McGraw said, and at 7:15 a.m., trees were snapped and minor debris shown around Palmetto Bluff in Bluffton.

The NWS will confirm possible twisters and make an official statement at a later date, McGraw said. Any damage can be reported to the National Weather Service at inws.ncep.noaa.gov/report/.

A tornado watch was issued for Beaufort County at about 8:35 a.m. It’s set to expire at 9 p.m.

The area has the potential to get “many tornadoes.” The highest level of tornado activity is expected Thursday evening and overnight.

Frank Strait, the state’s severe weather liaison, said a tornado outbreak at night is “never a good thing,” as people are usually sleeping and miss warnings.

“It’s important to have tornado preparations in place ahead of Helene,” Strait said. “Decide on your best shelter area in advance, as you might not get much lead time. Tropical tornadoes often hit fast without much lead time on warnings.”

There are no tornado sirens in Beaufort County, so it’s vital to ensure residents and visitors have a system to get alerts — a reliable phone app, television, radio or access to an online newspaper.

CodeRED: Download the free CodeRED Mobile Alert app from the Google Play or iTunes store.

Everbridge: Download the free Everbridge app from the Google Play or iTunes store.

Other options: NOAA weather radio, news media coverage, Emergency Alert System on radio and TV broadcasts.

This story was originally published September 26, 2024, 11:17 AM.

The Island Packet

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Sarah Haselhorst, a St. Louis native, writes about climate issues along South Carolina’s coast. Her work is produced with financial support from Journalism Funding Partners. Previously, Sarah spent time reporting in Jackson, Mississippi; Cincinnati, Ohio; and mid-Missouri.