The State Ports Authority and Jasper County have been in a legal deadlock since January, when the state agency filed a Supreme Court lawsuit against the county -- just days after Jasper reached a $450 million development agreement with private port builder SSA Marine.
On Thursday, the Jasper County Council unanimously approved a settlement proposal to end the battle over who has the right to develop a port on the South Carolina bank of the Savannah River. Davis, a Beaufort native and the newest member of the State Ports Authority board of directors, said he is in favor of "exploring the possibility of a compromise with Jasper County" -- a position echoed by several members of the General Assembly.
Of the Charleston Delegation Republicans, Sens. Chip Campsen III and Larry Grooms, Reps. John Graham Altman III, Converse Chellis III, Ben Hagood, Chip Limehouse III, James Merrill and Annette Young, plus Democrats Sens. Ray Cleary, Clementa Pinckney and Robert Ford, Reps. Robert Brown and Vida Miller -- five of the seven senators in the Charleston Delegation and eight of the 14 representatives -- showed support for Davis in interviews with The Beaufort Gazette. Beaufort and Jasper county politicians including Sen. Scott Richardson and Rep. Richard Chalk Jr. -- both Hilton Head Island Republicans -- Rep. Bill Herbkersman, a Bluffton Republican, and Rep. Thayer Rivers, a Jasper Democrat, and Beaufort Republican Rep. Catherine Ceips also supported the plan.
"I think Tom Davis and the three or four members of the board willing to compromise are more indicative of what the state wants than the other members who are basically impeding progress," said Merrill, the House majority leader. "It's about time they step up to the plate."
In the Charleston Delegation, Republican Sen. Glenn McConnell, Reps. Tom Dantzler and Robert Harrell Jr. and Democrats Reps. David Mack and Seth Whipper could not be reached for comment.
Rep. Wallace Scarborough, a Repubican in the Charleson Delegation, said he's open to looking at possible compromises, but is highly skeptical.
"I'm not opposed to a compromise, but I think the supreme power in all matters concerning ports in South Carolina rests with the State Ports Authority," he said.
Democrat Rep. Floyd Breeland and Republican Sen. Randy Scott declined to comment.
"The board should without question entertain the compromise," Campsen said Friday. "Sometimes you can settle a dispute with a creative arrangement. There is no reason to not at least consider a settlement offer. A lawsuit could go on for years."
Most of the legislators agreed that the State Ports Authority should direct port operations across the state, but that Jasper and SSA Marine should have some role in a Savannah River port project.
The Jasper compromise option has even gained momentum on the State Ports Authority board.
"Certainly, as with any state institution, we should entertain possible compromises," said Glen Kilgore, a State Ports Authority board member from Beaufort. "Obviously there are a lot of interested parties. It's a complex issue, but anything to move it forward and get a port in Jasper is worth looking at."
Jasper County and State Ports Authority officials confirmed that the settlement offer was delivered Thursday, but neither group would release the document until its fate is decided.
"I have seen it and I have read through it a couple of times and I'm still in the process of studying it," said Harry Butler, chairman of the State Ports Authority.
Butler said the compromise includes Jasper in the cash-flow model but the facilities and property are owned by the State Ports Authority, with the state agency spearheading the land condemnation effort. The first-phase development would be completed by SSA Marine with any additional phases decided upon by the State Ports Authority.
"I wouldn't vote for it because I think the Ports Authority would have too little control," Butler said. "They're asking us basically to not do anything on the rest of the property for 20 or 30 years."
Deciding moment
Though it's almost certain that Davis or his supporters will introduce discussion on the Jasper compromise at today's 11 a.m. State Port Authority's board of directors meeting, it is unclear if it will happen before the public eye.
Under the state Freedom of Information Act, government bodies may go behind closed doors to discuss pending litigation, personnel matters and to protect third-party business secrets.
"I would be in favor of having the board meet in executive session to review Jasper County's settlement proposal," Davis said. "It is my hope and expectation that (the board) will do so."
Davis is the former chief of staff to Gov. Mark Sanford, but the governor's office remains decidedly hands-off.
Sanford spokesman Chris Drummond reiterated Sanford's time-worn dictum that his office is open to all options.
Senator Pinckney questioned the governor's approach Monday.
"This will be one of the biggest economic development projects of his term and he could come out smelling like a rose," Pinckney said.
The State Ports Authority is seeking a private partner for their version of the Jasper-SSA Marine development agreement and last week held their first round of informational meetings with ocean carriers and stevedores interested in port building.
"We're going to formulate (a development plan) based on what seems to be the best structure," Butler said Monday. "We need to look at the SSA offer as one of those and consider it as we consider all the others."
While the state considers other private partners, Jasper has been collecting resolutions of support including Beaufort County and its chambers of commerce, the Greater Beaufort-Hilton Head Economic Partnership, the Lowcountry Council of Governments, Colleton County, Hampton County and municipalities.
"I'm very pleased we have a lot of support," said George Hood, chairman of the Jasper County Council. "We're taking every opportunity to compromise."
The State Ports Authority Finance Committee meets at 9 a.m. today at 176 Concord St. in downtown Charleston, followed by an 11 a.m. board of directors meeting. Thursday, the state agency will hold its second informational meeting in New Jersey -- the headquarters of several ocean carriers -- to discuss private partnership options for the Jasper project and port expansions in Charleston.
Davis said he was not surprised by the strong legislative support for a compromise.
"Litigation is not the ideal way to settle disputes and should always be a last resort, especially when two agencies of the same state disagree."