PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG: WILLARD DORRIETY, JR., VICE CHAIRMAN

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1 Jason M. Springs District 1 Roger M. Poston District 2 Alphonso Bradley District 3 Mitchell Kirby District 4 Kent C. Caudle District 5 AGENDA FLORENCE COUNTY COUNCIL REGULAR MEETING COUNTY COMPLEX 180 N. IRBY STREET COUNCIL CHAMBERS, ROOM 803 FLORENCE, SOUTH CAROLINA THURSDAY, JUNE 21, :00 A. M. H. Steven DeBerry, IV District 6 Waymon Mumford District 7 James T. Schofield District 8 Willard Dorriety, Jr. District 9 I. CALL TO ORDER: KENT C. CAUDLE, CHAIRMAN II. INVOCATION: WAYMON MUMFORD, SECRETARY/CHAPLAIN III. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG: WILLARD DORRIETY, JR., VICE CHAIRMAN IV. WELCOME: KENT C. CAUDLE, CHAIRMAN V. MINUTES: MINUTES OF THE MAY 17, 2018 REGULAR MEETING Council Is Requested To Approve The Minutes Of The May 17, 2018 Regular Meeting Of County Council. Florence County Council Agenda June 21, 2018 i

2 VI. PUBLIC HEARINGS: Council will hold public hearing on the following: ORDINANCE NO /18 An Ordinance To Provide For The Issuance And Sale Of A Not Exceeding One Million Dollar ($1,000,000) General Obligation Bond Of Florence County, South Carolina (Florence County Fire Protection District), To Prescribe The Purposes For Which The Proceeds Of Said Bond Shall Be Expended, To Provide For The Payment Of Said Bond, And Other Matters Relating Thereto. VII. APPEARANCES: There Were No Appearances Scheduled At The Time Of Publication Of The Agenda. BARRY FRICK (Addition) Mr. Frick Requests To Appear Before Council Concerning The Grant For Clearing A Passage In Lynches River. VIII. COMMITTEE REPORTS: (Items assigned to the Committees in italics.) Administration & Finance (Chairman Caudle, Councilmen Mumford, Schofield and Dorriety) November 2013 August 18, 2016 March 15, 2018 Capital Project Sales Tax County Software System IT Restructuring Public Services & County Planning (Councilman Dorriety/Chair, Councilmen Bradley and Poston) June 2008 November 21, 2013 Museum Landings Justice & Public Safety (Councilman DeBerry/Chair, Councilmen Mumford and Springs) Litter Florence County Council Agenda June 21, 2018 ii

3 Education, Recreation, Health & Welfare (Councilman Springs/Chair, Councilmen Kirby, and DeBerry) Agriculture, Forestry, Military Affairs & Intergovernmental Relations (Councilman Bradley/Chair, Councilmen Kirby and Springs) January 17, 2013 City-County Conference Committee IX. RESOLUTIONS/PROCLAMATIONS: A. RESOLUTION OF RECOGNITION AND APPRECIATION A Resolution Of Appreciation And Recognition For The Timmonsville Rescue Squad In Recognition Of Its Continued Commitment To Preserving The Lives And Property Of Our Citizens And Visitors. B. RESOLUTION OF RECOGNITION AND APPRECIATION A Resolution Of Appreciation And Recognition For Donnie Windham For His Multitudinous Contributions And Years Of Meritorious Service To The Community. C. RESOLUTION NO /18 A Resolution Identifying A Project To Satisfy The Requirements Of Title 12, Chapter 44 Of The South Carolina Code, So As To Allow Investment Expenditures Incurred By A Company Known To The County As Project R, Its Affiliates And Related Entities, To Qualify As Expenditures Eligible For A Fee- In-Lieu Of Taxes Arrangement With Florence County, South Carolina; Providing For Other Related Economic Development Incentives, Including Special Source Revenue Credits; And Other Matters Related Thereto. Florence County Council Agenda June 21, 2018 iii

4 X. ORDINANCES IN POSITION: A. THIRD READING 1. ORDINANCE NO /18 An Ordinance Authorizing Pursuant To Title 12, Chapter 44 Of The Code Of Laws Of South Carolina 1976, As Amended, The Execution And Delivery Of Fee-In-Lieu Of Ad Valorem Taxes Agreements By And Between Florence County, South Carolina And Certain Companies As Sponsor And Sponsor Affiliate, Respectively, Identified Collectively For The Time Being As Project Fig, To Provide For Fee-In-Lieu Of Ad Valorem Taxes Incentives And Certain Special Source Revenue Credits; And Other Related Matters. 2. ORDINANCE NO /18 An Ordinance To Rezone Property Owned By Florence County Located On W. Main Street, Timmonsville SC, As Shown On Florence County Tax Map No , Block 01, Portions Of Parcels 001 And 002; Consisting Of Approximately 1.48 Acres From Single Family Residential District (R-3) To General Commercial District (B-4); And Other Matters Related Thereto. (Planning Commission Approved 7 0)(Council District 4) 3. ORDINANCE NO /18 An Ordinance To Rezone Property Owned By Jeffery A. Weekfall Located On 304 E. Fifth Avenue, Pamplico, SC, As Shown On Florence County Tax Map No , Block 10, Parcel 016; Consisting Of Approximately acres From Multi-Family Residential District (R-5) To Rural Community District (RU-1); And Other Matters Related Thereto. (Planning Commission Approved 7 0)(Council District 2) 4. ORDINANCE NO /18 An Ordinance To Ratify FY18 Budget And Grant Council Actions Previously Authorized By Council And Other Matters Related Thereto. 5. ORDINANCE NO /18 An Ordinance Approving A Process To Recognize The Inclusion Of The Area Of The West Florence Rural Volunteer Fire District, Created By Ordinance No /07, Into The Florence County Fire Protection District, Created By Ordinance No /14. Florence County Council Agenda June 21, 2018 iv

5 6. ORDINANCE NO /19 An Ordinance To Provide For The Levy Of Taxes In Florence County For The Fiscal Year Beginning July 1, 2018 And Ending June 30, 2019; To Provide For The Appropriation Thereof; To Provide For Revenues For The Payment Thereof; And To Provide For Other Matters Related Thereto. B. SECOND READING 1. ORDINANCE NO /18 An Ordinance For Text Amendments To The Florence County Code Of Ordinances, Chapter 28, SIGNS, ARTICLE II. OUTDOOR ADVERTISING STRUCTURES, Section Spacing Requirements., And Chapter 30, ZONING ORDINANCE, ARTICLE V. SIGN REGULATIONS, Section Signs On Private Property., Table VIII Number, Dimensions And Location Of Permitted Signs, By Zoning District; And Other Matters Related Thereto. (Planning Commission Approved 7 0) 2. ORDINANCE NO /18 An Ordinance Authorizing Pursuant To Title 12, Chapter 44 Of The Code Of Laws Of South Carolina 1976, As Amended, The Execution And Delivery Of A Fee-In-Lieu Of Ad Valorem Taxes Agreement, By And Between Florence County, South Carolina And Project R, As Sponsor, And One Or More Sponsor Affiliates To Provide For A Fee-In-Lieu Of Ad Valorem Taxes Incentive And Certain Special Source Revenue Credits; The Expansion Of The Boundaries Of A Joint Industrial And Business Park Located In Florence And Marion Counties; And Other Related Matters. 3. ORDINANCE NO /18 (Public Hearing) An Ordinance To Provide For The Issuance And Sale Of A Not Exceeding One Million Dollar ($1,000,000) General Obligation Bond Of Florence County, South Carolina (Florence County Fire Protection District), To Prescribe The Purposes For Which The Proceeds Of Said Bond Shall Be Expended, To Provide For The Payment Of Said Bond, And Other Matters Relating Thereto. Florence County Council Agenda June 21, 2018 v

6 C. INTRODUCTION ORDINANCE NO /18 An Ordinance To Provide That A Public Referendum Be Held At The General Election In November, 2018 Pursuant To The Provisions Of S. C. Code Section To Determine Whether Or Not Temporary Permits May Be Issued To Allow The Possession, Sale, And Consumption Of Alcoholic Liquors By The Drink And To Allow The Sale Of Beer And Wine At Permitted Off-Premises Locations Without Regard To The Days Or Hours Of Sales In The County Of Florence. XI. APPOINTMENTS TO BOARDS & COMMISSIONS: A. CITY-COUNTY CIVIC CENTER COMMISSION Approve The Re-Appointment Of Carl McFadden To Serve On The Florence City-County Civic Center Commission Representing Florence County In Seat 2, With Appropriate Expiration Term. B. COMMISSION ON LITTER PREVENTION & BEAUTIFICATION Approve The Appointment Of Mattie Thomas To Serve On The Commission On Litter Prevention & Beautification, Representing Council District 1 with Appropriate Expiration Term. C. PEE DEE MENTAL HEALTH CENTER BOARD OF DIRECTORS Approve The Recommendation Of The Pee Dee Mental Health Center Board Of Directors For Nomination To The Governor The Re-Appointments of C. Rudy Guajardo, III Seat 4 And Lt. John E. Lochart Seat 5 To Serve On The Pee Dee Mental Health Center Board Of Directors, With Appropriate Expiration Terms. D. POLICY COMMISSION ON RECREATION Approve The Re-Appointments Of Darryl Jackson To Serve On The Policy Commission On Recreation, Representing Council District 5, And Geer Ward, Representing Council District 9, With Appropriate Expiration Terms. Florence County Council Agenda June 21, 2018 vi

7 XII. REPORTS TO COUNCIL: A. ADMINISTRATION 1. MONTHLY FINANCIAL REPORTS Monthly Financial Reports Are Provided To Council For Fiscal Year 2018 Through April 30, 2018 As An Item For The Record. 2. BUDGET NEUTRAL SALARY INCREASE Approve A Budget Neutral Salary Increase For Two Positions (Slot And ) To Be Funded From Administration Departmental Funds. 3. MEMORANDUM OF AGREEMENT SCDOT Authorize A Memorandum Of Agreement With South Carolina Department Of Transportation (SCDOT) For The Capital Project Sales Tax II Koppers/Estate Road Widening And Paving Project. 4. NEW COMMUNITY CENTER IN TIMMONSVILLE Authorize The Use Of District 4 Infrastructure Funding Allocation In The Amount Of $85,000, District 4 RSMF Funding Allocation In The Amount Of $300,000 And Capital Project Sales Tax II Interest Earnings In The Amount Of $210,000, To Fund A Shortfall In The Projected Costs Of The New Community Center In Timmonsville. B. ADMINISTRATION/FINANCE BUDGET NEUTRAL SALARY INCREASE Approve A Budget Neutral Salary Increase Of 5% For Four Positions (Slots , , , And ) And Approve A Budget Neutral Reclassification For Two Positions (Slot Grade 22 To Grade 25 And Slot Grade 19 To Grade 21, Both Resulting In An Increase Of 5%) To Be Funded From Finance Department Funds. Florence County Council Agenda June 21, 2018 vii

8 C. ADMINISTRATION/GRANTS/PROCUREMENT AWARD RFP NO /18 Award RFP No /18, For The Lynches River Clearing/Debris Removal Project To Big Swamp Right Of Way Of Pamplico, SC In The Amount Not To Exceed $62, From The Duke Energy Water Resources Grant Fund. D. FINANCE FY2018/2019 ACCOMMODATIONS TAX ALLOCATIONS Approve The FY2018/2019 State Accommodations Tax Allocations In The Amount Of $300,000 To Be Distributed To The Various Recipients As Recommended By The Accommodations Tax Advisory Committee. E. PARKS AND RECREATION 1. INDEPENDENT CONTRACTOR AGREEMENT RICHARD STORR Approve The Execution Of An Independent Contractor Agreement Between Florence County And Richard Storr To Continue His Services As Acting Tennis Pro At The Tennis Courts At Ebenezer Park. 2. LAKE CITY PARK RENTAL FEE SCHEDULE Approve A Fee Schedule For The Rental Of The Picnic Shelter And Gazebo At The New Lake City Park. F. PROCUREMENT 1. DECLARATION OF SURPLUS PROPERTY Declare Three (3) Vehicles And Two (2) Pieces Of Shop Equipment As Surplus Property For Disposal Through Public Internet Auction Via GovDeals. 2. GREEN DREAM INTERNATIONAL, LLC Approve A Change Order To Green Dream International, LLC In The Amount Of $90, For The Completion Of Rocking On Hosea Gibbs Road In District 6 To Be Funded From Capital Project Sales Tax II Funds. Florence County Council Agenda June 21, 2018 viii

9 G. PUBLIC WORKS/PROCUREMENT AWARD BID NO /18 Award Bid No /18 For Road Repairs To Hampton Pointe Drive And Byrnes Boulevard In The Amount Of $91, To Kirven Construction Of Darlington, SC From FEMA Grant Funds. (3 Compliant Bids Received) H. SHERIFF S OFFICE BUDGET NEUTRAL SALARY INCREASES Authorize Budget Neutral Salary Increases Of Less Than 10% In Salary For One Promotion In The Traffic Grant (Slot ) And One Promotion In the DUI Grant (Slot ) To Be Funded From FY18 Budgeted Funds. XIII. OTHER BUSINESS: A. INFRASTRUCTURE SECOND STREET Approve The Expenditure Of Up To $1, From Council District 7 Infrastructure Funding Allocation To Pay For Preparing Ground And Installing Sod Over Drainage Pipe On 2 nd Street. B. ROAD SYSTEM MAINTENANCE FEE (RSMF) RIVER NECK ROAD Approve The Expenditure Of Up To $5, From Council District 6 RSMF Funding Allocation To Pay For An Additional 200 Tons Of MBC Stone For River Neck Road. C. INFRASTRUCTURE (Additions) 1. KOREAN MONUMENT Authorize The De-Obligation Of The Expenditure Of Up To $10,000 From Council Districts Infrastructure/Utility Funding Allocations To Assist With The Purchase Of A Vietnam Memorial For The Veterans Park As Approved By Council On March 16, 2017 And Approve The Expenditure Of Up To $10,000 From Council Districts Infrastructure Funding Allocations (Approximately $1,112 From Each District) To Assist With The Purchase Of A Korean Monument For The Veterans Park In Florence. Florence County Council Agenda June 21, 2018 ix

10 2. SAVANNAH GROVE COMMUNITY ACTION LEAGUE Approve The Expenditure Of Up To $24,140 From Council Districts 3, 4, 5 And 7 Infrastructure Funding Allocations (From Each District As Indicated Below) To Assist With Renovations/Repairs To The Kitchen And Bathroom At The Savannah Grove Community Four Hall. D. GALE HARLLEE DIXON, CHAIR (Addition) HARLLEE MEMORIAL SCULPTURE COMMITTEE Council Is Asked To Discuss A Request From Gale Harllee Dixon, Chairman Harllee Memorial Sculpture Committee Requesting Permission For The Harllee Memorial Sculpture To Be Placed On The Florence County Judicial Center Grounds. XIV. EXECUTIVE SESSION: Pursuant to Section of the South Carolina Code of Laws 1976, as amended To Discuss: XV. INACTIVE AGENDA ORDINANCE NO /15 (Tabled) At Its Regular Meeting Of May 17, 2018, County Council Tabled Ordinance No /15: An Ordinance To Zone Properties Inclusive Of All Unzoned Properties In Council Districts Five And Six Bounded By Freedom Boulevard, Jefferies Creek, Francis Marion Road, Wickerwood Road, Flowers Road, Pamplico Highway, South Vance Drive, Furches Avenue, And The Westernmost Boundary Of Council District Six That Connects Furches Avenue And Freedom Boulevard, Florence, SC From Unzoned To The Following Zoning Designations Of RU-1, Rural Community District, B-1, Limited Business District, B-2, Convenience Business District And B-3, General Commercial District; Consistent With The Land Use Element And Map Of The Florence County Comprehensive Plan; And Other Matters Related Thereto. XVI. ADJOURN: Florence County Council Agenda June 21, 2018 x

11 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: Minutes DEPARTMENT: County Council ISSUE UNDER CONSIDERATION: Council is requested to approve the minutes of the May 17, 2018 regular meeting of County Council. OPTIONS: 1. Approve minutes as presented. 2. Provide additional directive, should revisions be necessary. ATTACHMENTS: Copy of proposed Minutes. 1

12 REGULAR MEETING OF THE FLORENCE COUNTY COUNCIL, THURSDAY, MAY 17, 2018, 9:00 A.M., COUNTY COMPLEX, COUNCIL CHAMBERS, ROOM 803, 180 N. IRBY STREET, FLORENCE, SOUTH CAROLINA PRESENT: Kent C. Caudle, Chairman Willard Dorriety, Jr., Vice Chairman Waymon Mumford, Secretary-Chaplain Mitchell Kirby, Council Member Alphonso Bradley, Council Member James T. Schofield, Council Member Roger M. Poston, Council Member Jason M. Springs, Council Member H. Steven DeBerry, IV, Council Member K. G. Rusty Smith, Jr., County Administrator D. Malloy McEachin, Jr., County Attorney Connie Y. Haselden, Clerk to Council ALSO PRESENT: Laurie W. Carpenter, Treasurer Chief Deputy Glen Kirby Arthur C. Gregg, Jr., Public Works Director Kevin V. Yokim, Finance Director Dusty Owens, EMD Director Shawn Brashear, Planning Director Jamie Floyd, Deputy Tax Assessor Patrick Fletcher, Procurement Officer Samuel K. Brockington, Jr., Fire/Rescue Services Coordinator Katherine McCain, Administrative Manager, FCSO Perry Strickland, Assistant to the Administrator David Alford, Voter Registration/Elections Director Alan Smith, Library Director Randy Godbold, VA Officer Melissa McCutcheon, Chief Deputy Clerk Felicia Simon, Deputy Clerk of Court II/ROD Matthew Christian, Morning News Staffwriter A notice of the regular meeting of the Florence County Council appeared in the May 16, 2018 edition of the MORNING NEWS. In compliance with the Freedom of Information Act, copies of the meeting Agenda and Proposed Additions to the Agenda were provided to members of the media, members of the public requesting copies, posted in the lobby of the County Complex, provided for posting at the Doctors Bruce and Lee Foundation Public Library, all branch libraries, and on the County s website ( Florence County Council Regular Meeting May 17,

13 Chairman Caudle called the meeting to order. Secretary/Chaplain Mumford provided the invocation and Vice Chairman Dorriety led the Pledge of Allegiance to the American Flag. Chairman Caudle welcomed everyone attending the meeting and stated there were a couple of special guests he would like to recognize. Florence County Treasurer Laurie Carpenter was present and at the request of the Chairman, Mrs. Carpenter provided a little background on her experience. She stated she had served as Deputy Treasurer of the office for 18 years prior to being elected as Treasurer. Councilman Dorriety commended Mrs. Carpenter for the excellent job she was doing and stated his experience with the Treasurer s office since she took office had been positive as far as the attitudes and assistance offered by staff. He stated that was a direct reflection of the leadership. Councilman Mumford stated he had three young ladies present that he wanted to recognize for their community service in picking up litter; Betty Faye Gregg, Peggy Timmons, and Dorothy Delaney. He expressed his appreciation to them for setting the example and encouraged others to follow this example. Chairman Caudle stated he had always said that he would rather see a sermon than hear one and this was a great example of a sermon for the community. APPROVAL OF MINUTES: Councilman Dorriety made a motion Council Approve The Minutes Of The April 19, 2018 Regular Meeting Of County Council. Councilman Mumford seconded the motion, which was approved unanimously. PUBLIC HEARINGS: The Clerk published the titles and the Chairman declared the Public Hearings opened for the following: RESOLUTION NO /18 A Resolution In Support Of The Issuance By The South Carolina Jobs-Economic Development Authority Of Its Hospital Refunding And Improvement Revenue Bonds (McLeod Health Projects) Series 2018, Pursuant To The Provisions Of Title 41, Chapter 43, Of The Code Of Laws Of South Carolina, 1976, As Amended, In The Aggregate Principal Amount Of Not Exceeding $171,000,000. ORDINANCE NO /18 An Ordinance Authorizing (1) The Execution And Delivery Of An Infrastructure Credit Agreement By And Between Florence County, South Carolina And Project Meadowlark, To Provide For Special Source Revenue Credits; (2) The Inclusion Of Property To Be Owned Or Operated By Project Meadowlark In A Joint County Industrial Park; And (3) Other Matters Related Thereto. ORDINANCE NO /18 An Ordinance To Ratify FY18 Budget And Grant Council Actions Previously Authorized By Council And Other Matters Related Thereto. Florence County Council Regular Meeting May 17,

14 ORDINANCE NO /18 An Ordinance Approving A Process To Recognize The Inclusion Of The Area Of The West Florence Rural Volunteer Fire District, Created By Ordinance No /07, Into The Florence County Fire Protection District, Created By Ordinance No /14. ORDINANCE NO /19 An Ordinance To Provide For The Levy Of Taxes In Florence County For The Fiscal Year Beginning July 1, 2018 And Ending June 30, 2019; To Provide For The Appropriation Thereof; To Provide For Revenues For The Payment Thereof; And To Provide For Other Matters Related Thereto. APPEARANCES: No Appearances Were Requested Or Scheduled At The Time Of Publication Of The Agenda. However, Councilman Bradley requested that Mr. Alexis Pipkins be allowed to address Council regarding nuisance property. Councilman Mumford seconded the request, which was unanimously approved. ALEXIS D. PIPKINS, SR. Mr. Pipkins expressed concerns regarding nuisance property located next to his grandmother at 1305 Elmore Street in Florence. Over the last five (5) years his father had killed approximately 13 snakes. The property contained three (3) dilapidated houses where various wild animals such as foxes and possums had taken up residence. His 90 year old grandmother loved her yard and walked in her community but this property was creating a nuisance for her. In response to a question from Councilman Springs, Mr. Pipkins responded that his grandmother s property was in the City limits but the nuisance property was in the County. Councilman Bradley stated the County had been trying to address these type issues and asked Planning Director Shawn Brashear to provide an update on the status of the County s efforts. Mr. Brashear stated he had eight (8) files with him of similar properties, two of which were in that area and were unsafe structures. The Planning Department had gone through the appropriate process of posting the property and attempting to notify the owner. The problem at this point was how the County would fund abatement of the property; tax liens versus the sale of the property. He was working with the County Attorney trying to resolve the legal issues and move forward with a remedy for moving forward with the process. Councilman Bradley advised there was one other aspect to this issue and it was a potential State law. County Attorney Malloy McEachin advised that there was a State law pending in the Legislature that could have an impact on how the County handles nuisance/unsafe property and it was his opinion that the County should hold off on any legal action pending the results of that legislation. COMMITTEE REPORTS: There Were No Committee Reports. Chairman Caudle stated the Committee on Administration and Finance scheduled a meeting tentatively for Thursday, May 24 th at 8 a.m. (Due to a conflict the meeting was later changed to Wednesday, May 23 rd at 10 a.m.) Florence County Council Regular Meeting May 17,

15 PUBLIC HEARINGS: There being no signatures on the sign-in sheets for Public Hearings, the Chairman closed the Public Hearings. (The sign-in sheets are attached and incorporated by reference.) RESOLUTIONS/PROCLAMATIONS: RESOLUTION NO /18 The Clerk published the title of Resolution No /18: A Resolution For The Naming Of A Private Road Located Off Friendfield Road, As Shown On Florence County Tax Map Number 00254, Block 02, Parcel 004 To Ward Farm Road. Councilman DeBerry made a motion Council approve the Resolution as presented. Councilman Dorriety seconded the motion, which was approved unanimously. RESOLUTION NO /18 The Clerk published the title of Resolution No /18: A Resolution In Support Of The Issuance By The South Carolina Jobs-Economic Development Authority Of Its Hospital Refunding And Improvement Revenue Bonds (McLeod Health Projects) Series 2018, Pursuant To The Provisions Of Title 41, Chapter 43, Of The Code Of Laws Of South Carolina, 1976, As Amended, In The Aggregate Principal Amount Of Not Exceeding $171,000,000. Councilman Schofield made a motion Council approve the Resolution as presented. Councilman Dorriety seconded the motion. Councilman Mumford made a motion Council Amend Resolution No /18 To Correct The Date Listed As The Publication Of The Public Hearing Notification As May 1, Councilman Kirby seconded the motion to amend, which was approved unanimously. The Resolution as amended was approved unanimously. County Administrator K. G. Rusty Smith, Jr. provided a brief summary of the project. Mr. Smith stated this was a great project that would provide health and welfare for the citizens of Florence County and the Pee Dee region. Chairman Caudle recognized Allen Robertson, with Robinson Bradshaw Law Firm out of Charlotte, North Carolina, Bond Counsel for McLeod. Mr. Robertson expressed his appreciation for Council s support of the project. He stated this was a major expansion of McLeod Regional Medical Center of an additional 151,000 square feet being added on and renovations of approximately 76,000 square feet of the existing hospital. Chairman Caudle stated McLeod had a tremendous impact not only on Florence County but the entire Pee Dee area and expressed his appreciation for the services provided. Councilman Mumford expressed his appreciation as well for McLeod as the largest employer in Florence County and the provision of excellent medical care. RESOLUTION NO /18 The Clerk published the title of Resolution No /18: A Resolution In Cooperation With CSX Railroad And The Koppers/Estate Road Project To Close The Portion Of Day Street Not Paved. Councilman Mumford made a motion Council approve the Resolution as presented. Councilman Dorriety seconded the motion, which was approved unanimously. At the request of Councilman Kirby, Mr. Smith provided an update on the Koppers/Estate Road Project and the relevance of the Resolution. Mr. Smith stated major issues had occurred on the project and in trying to resolve issues they had met with the Department of Transportation. Day Street was not actually a public roadway and the closing of the road would not impede vehicular traffic. There was also an issue with the requirement of a turn lane on Marion Street, which was negotiated with SCDOT to Florence County Council Regular Meeting May 17,

16 develop a MOU. Engineers had also asked for a bottomless culvert, which was very expensive and cost prohibitive. Mr. Smith had contacted the Corp of Engineers to work to modify the permit and everything was moving forward. In response to a question from Councilman Kirby, Mr. Smith stated the bottomless culvert part of the project was estimated to cost approximately $300,000 but after negotiating the particulars and utilizing the Public Works department the cost would be less than $15,000 to fix the problem. Mr. Smith requested that the Clerk notify the Department of Transportation that the Resolution had been approved. ORDINANCES IN POSITION: ORDINANCE NO /18 THIRD READING DEFERRED Chairman Caudle stated Third Reading of Ordinance No /18 would be deferred: An Ordinance Authorizing Pursuant To Title 12, Chapter 44 Of The Code Of Laws Of South Carolina 1976, As Amended, The Execution And Delivery Of Fee-In-Lieu Of Ad Valorem Taxes Agreements By And Between Florence County, South Carolina And Certain Companies As Sponsor And Sponsor Affiliate, Respectively, Identified Collectively For The Time Being As Project Fig, To Provide For Fee-In-Lieu Of Ad Valorem Taxes Incentives And Certain Special Source Revenue Credits; And Other Related Matters. ORDINANCE NO /18 THIRD READING The Clerk published the title of Ordinance No /18: An Ordinance Authorizing (1) The Execution And Delivery Of An Infrastructure Credit Agreement By And Between Florence County, South Carolina And Sunstrand Delta Mills, LLC Project Meadowlark, To Provide For Special Source Revenue Credits; (2) The Inclusion Of Property To Be Owned Or Operated By Project Meadowlark In A Joint County Industrial Park; And (3) Other Matters Related Thereto. Councilman DeBerry made a motion Council approve Third Reading of the Ordinance. Councilman Mumford seconded the motion. Councilman Poston made a motion to amend the Ordinance by inserting wherever the phrase Project Meadowlark appears, with Sunstrand Delta Mills, LLC; AND FURTHER to, insert wherever the term Landlord appears in Ordinance No /2018, with the phrase Colony Square Investment, LLC ; AND TO FURTHER enter Tax Map Number in Paragraph 2 of the Whereas Clause of said Ordinance; AND FURTHER in Paragraph 3 of the whereas clause of said Ordinance to insert the Owner for Landlord as found in the second line of Paragraph 3; AND FURTHER add to Paragraph 10 of the Whereas Clause the following language at the end of Paragraph 10, subject to terms and conditions more fully set forth in a job creation grant letter attached hereto as Exhibit B; AND FURTHER to amend said Ordinance by inserting a new Section 3 to read as follows: Approval of Landowner as Project Affiliate. The County Council hereby authorizes and approves the participation of Colony Square Investment Company, LLC as Landowner of the Project Site as a Project Affiliate with respect to the Infrastructure Credit Agreement; AND FURTHER, move to amend the old Section 6 of the said Ordinance and now renumbered as Section 7 the following: An authorization to execute and deliver Job Creation Grant Letter; AND beginning on the second line of said section, add the following at the end of the second line: AND Florence County Council Regular Meeting May 17,

17 authorizes and directs the County Council Chairman and the Clerk of Council to execute the Job Creation Grant Letter, which shall be in substantially the form now before the meeting at which this ordinance received third reading, or with such modifications and revisions which shall not be materially adverse to the County and shall be deemed approved by the County Council upon the Chairman and the Clerk to Council s execution of the Job Creation Grant Letter; the Clerk to County Council is further authorized and directed to deliver the executed Job Creation Grant Letter to the Company and; FURTHER to amend the said Ordinance by renumbering the Sections in conformity with these amendments and further to amend the Infrastructure Credit Agreement in conformity with the name changes as set forth in this Motion. Councilman Springs seconded the motion to Amend, which was approved unanimously. Third Reading of the Ordinance as Amended was approved unanimously. ORDINANCE NO /18 SECOND READING The Clerk published the title of Ordinance No /18: An Ordinance Authorizing The Execution And Delivery Of A Fee In Lieu Of Tax Agreement By And Between Project Care (The Company ) And Florence County, South Carolina (The County ), Whereby The County Will Enter Into A Fee-In-Lieu Of Tax Agreement With The Company Providing For Payment By The Company Of Certain Fees-In-Lieu Of Ad Valorem Taxes And Other Matters Relating Thereto. Councilman Mumford made a motion Council approve Third Reading of the Ordinance As Revised to Include The Insertion Of The Company Name (QHG Of South Carolina, Inc. d/b/a Carolinas Hospital System) In The Documents. Councilman Dorriety seconded the motion, which was approved unanimously. ORDINANCE NO /15 TABLED The Chairman stated Council was asked to defer Second Reading of Ordinance No /15: An Ordinance To Zone Properties Inclusive Of All Unzoned Properties In Council Districts Five And Six Bounded By Freedom Boulevard, Jefferies Creek, Francis Marion Road, Wickerwood Road, Flowers Road, Pamplico Highway, South Vance Drive, Furches Avenue, And The Westernmost Boundary Of Council District Six That Connects Furches Avenue And Freedom Boulevard, Florence, SC From Unzoned To The Following Zoning Designations Of RU-1, Rural Community District, B-1, Limited Business District, B-2, Convenience Business District And B-3, General Commercial District; Consistent With The Land Use Element And Map Of The Florence County Comprehensive Plan; And Other Matters Related Thereto. Councilman DeBerry made a motion Council Table Ordinance No /15. Councilman Schofield seconded the motion, which was approved unanimously. ORDINANCE NO /18 SECOND READING The Clerk published the title of Ordinance No /18: An Ordinance To Rezone Property Owned By Florence County Located On W. Main Street, Timmonsville, SC, As Shown On Florence County Tax Map No , Block 01, Portions Of Parcels 001 And 002; Consisting Of Approximately 1.48 Acres From Single Family Residential District (R-3) To General Commercial District (B-4); And Other Matters Related Thereto. Councilman Dorriety made a motion Council approve Second Reading of the Ordinance. Councilman DeBerry seconded the motion, which was approved unanimously. Florence County Council Regular Meeting May 17,

18 ORDINANCE NO /18 SECOND READING The Clerk published the title of Ordinance No /18: An Ordinance To Rezone Property Owned By Jeffery A. Weekfall Located On 304 E. Fifth Avenue, Pamplico, SC, As Shown On Florence County Tax Map No , Block 10, Parcel 016; Consisting Of Approximately acres From Multi-Family Residential District (R-5) To Rural Community District (RU-1); And Other Matters Related Thereto. Councilman Poston made a motion Council approve Second Reading of the Ordinance. Councilman Mumford seconded the motion, which was approved unanimously. ORDINANCE NO /18 SECOND READING The Clerk published the title of Ordinance No /18: An Ordinance To Ratify FY18 Budget And Grant Council Actions Previously Authorized By Council And Other Matters Related Thereto. Councilman Schofield made a motion Council approve Second Reading of the Ordinance. Councilman Springs seconded the motion, which was approved unanimously. ORDINANCE NO /18 SECOND READING The Clerk published the title of Ordinance No /18: An Ordinance Approving A Process To Recognize The Inclusion Of The Area Of The West Florence Rural Volunteer Fire District, Created By Ordinance No /07, Into The Florence County Fire Protection District, Created By Ordinance No /14. Councilman Dorriety made a motion Council approve Second Reading of the Ordinance. Councilman Schofield seconded the motion, which was approved unanimously. ORDINANCE NO /19 - SECOND READING The Clerk published the title of Ordinance No /19: An Ordinance To Provide For The Levy Of Taxes In Florence County For The Fiscal Year Beginning July 1, 2018 And Ending June 30, 2019; To Provide For The Appropriation Thereof; To Provide For Revenues For The Payment Thereof; And To Provide For Other Matters Related Thereto. Councilman Springs made a motion Council approve Second Reading of the Ordinance. Councilman Mumford seconded the motion. Councilman DeBerry made a motion to Amend Ordinance No /19 Section 8. Compensation And Classification Plan And Personnel, To Increase The Within-Grade Adjustment As Outlined In L. As It Pertains To County Employee Pay Increases, Amendment To Compensation And Classification Plan, From 3% To 4%; And, To Delete The $50,000 Allocation In Budget Number Contingency And Add The $50,000 Allocation To Budget Number Councilman Mumford seconded the motion, which was approved unanimously. Chairman Caudle asked what the $50,000 Allocation came out of. Councilman DeBerry stated there was an item in the Contingency Budget that allocated $50,000 to Francis Marion University and the motion would delete that allocation from Francis Marion University and pay it to County employees. Councilman Springs asked if Council knew what the allocation to Francis Marion was to be used toward. Chairman Caudle stated it was for any capital projects the University needed, no operational. Councilman Schofield made a motion Council Amend Ordinance No /19 To Include The Summary Of Changes From First Reading To Second Reading As Outlined On Page 151 Of The Agenda Book. Councilman DeBerry seconded the motion, which was approved unanimously. Second Reading of the Ordinance as amended Florence County Council Regular Meeting May 17,

19 was unanimously approved. Councilman Schofield requested that Ordinance No /19 be referred to the Committee on Administration & Finance. The Chairman asked if that was a request or a motion. The County Attorney recommended it be made as a Motion. Councilman Schofield made the motion, Councilman Bradley seconded the motion, which was approved unanimously. Chairman Caudle stated a meeting of the Committee had tentatively been set for Thursday, May 24 th but may be adjusted at the will of the Committee members. ORDINANCES FOR INTRODUCTION The Clerk published the titles and the Chairman declared the following Ordinances Introduced With Ordinance Numbers 33 and /18 being Introduced By Title Only: ORDINANCE NO /18 INTRODUCED An Ordinance For Text Amendments To The Florence County Code Of Ordinances, Chapter 28, SIGNS, ARTICLE II. OUTDOOR ADVERTISING STRUCTURES, Section Spacing Requirements., And Chapter 30, ZONING ORDINANCE, ARTICLE V. SIGN REGULATIONS, Section Signs On Private Property., Table VIII Number, Dimensions And Location Of Permitted Signs, By Zoning District; And Other Matters Related Thereto. ORDINANCE NO /18 INTRODUCED BY TITLE ONLY An Ordinance Authorizing Pursuant To Title 12, Chapter 44 Of The Code Of Laws Of South Carolina 1976, As Amended, The Execution And Delivery Of A Fee-In-Lieu Of Ad Valorem Taxes Agreement, By And Between Florence County, South Carolina And Project R, As Sponsor, And One Or More Sponsor Affiliates To Provide For A Fee-In- Lieu Of Ad Valorem Taxes Incentive And Certain Special Source Revenue Credits; The Expansion Of The Boundaries Of A Joint Industrial And Business Park Located In Florence And Marion Counties; And Other Related Matters. ORDINANCE NO /18 INTRODUCED BY TITLE ONLY An Ordinance To Provide For The Issuance And Sale Of A Not Exceeding One Million Dollar ($1,000,000) General Obligation Bond Of Florence County, South Carolina (Florence County Fire Protection District), To Prescribe The Purposes For Which The Proceeds Of Said Bond Shall Be Expended, To Provide For The Payment Of Said Bond, And Other Matters Relating Thereto. APPOINTMENTS TO BOARDS AND COMMISSIONS: COMMISSION ON LITTER PREVENTION & BEAUTIFICATION Councilman Mumford made a motion Council Approve The Appointment Of Ralph Allison To Serve On The Commission on Litter Prevention & Beautification, Representing Council District 7, With Appropriate Expiration Term. Councilman Bradley seconded the motion, which was approved unanimously. Florence County Council Regular Meeting May 17,

20 PEE DEE WORKFORCE DEVELOPMENT BOARD Councilman Dorriety made a motion Council Approve The Recommendation Of The Pee Dee Workforce Development Board For The Re-Appointments Of Cindy Bryant (Private Sector), Vicky Tyner (Employment Services), And Pamela Company (Vocational Rehabilitation), With Appropriate Expiration Terms. Councilman Mumford seconded the motion, which was approved unanimously. POLICY COMMISSION ON RECREATION Councilman Schofield made a motion Council Approve The Re-Appointment Of Ronnie Connor to Serve On The Policy Commission On Recreation, Representing Council District 8 With Appropriate Expiration Term. Councilman Dorriety seconded the motion, which was approved unanimously. COMMISSION ON LITTER PREVENTION & BEAUTIFICATION Councilman Bradley made a motion Council Approve The Appointment Of Tonya Jackson To Serve On The Commission on Litter Prevention & Beautification, Representing Council District 3, With Appropriate Expiration Term. Councilman Dorriety seconded the motion, which was approved unanimously. In response to a question from Chairman Caudle, Mr. Smith responded that prior to this meeting there was only one appointment, but as of now there were three appointments. Chairman Caudle asked the members to have their appointments in line by the next meeting. REPORTS TO COUNCIL: ADMINISTRATION ADMINISTRATOR S REPORT Mr. Smith reported that Council was provided with the comprehensive updates for the Capital Project Sales Tax I and II, as well as the illuminating updates from the Planning Department, including projects in plan review, jobs under construction, zoning requests and reports from engineering and 911 addressing. Also, the informative updates from the proficient department heads had been provided. CPST I projects continued to move forward. The 5 Sections of work on US 378 were substantially complete and opened to traffic. The US 76 widening project was substantially complete and all lanes had been opened to traffic with the construction on the alternate truck route in the Town of Timmonsville anticipated to begin this summer. The construction on the TV Road widening project was substantially complete, also. Sections 1 & 2 of the SC 51 widening project were rapidly progressing with utility relocations almost complete with the exception of Frontier Communications. The contractor continued to install storm drainage and perform grading work while bridge work at Willow Creek was halfway complete. The detour for a portion of SC 51 from Seven Mile Road to Turner Gate Road had been removed and the installation of the two Florence County Council Regular Meeting May 17,

21 culverts was complete. Sections 3 and 4 storm drainage installations, full depth patching, and initial subgrade of pavement along with utility relocations continued and were almost complete. Little Swamp bridge was also halfway completed. A change order would be added to the contract in order to address the drainage issues in the Town of Pamplico that he and Councilman Poston had been working on. On the US 301 Bypass Extension (Alligator Road) widening project, preliminary design work was underway and Right of Way acquisition continued. Final construction plans were being reviewed for improvements at the intersection of Alligator Road and South Irby, which would be contracted out for construction prior to widening of the road. Progress continued on road work under Section XIII of the CPST II and 306 roads had been completed. There were currently 11 roads under contract for 6 MBC stone. Approximately miles of road projects were under construction with anticipated completion by June District 2 road rocking projects as well as other additional rocking projects would be put out for bids following completion of the current contracts. District 6 road rocking projects were also under construction and resurfacing projects were being developed to match available funding. Dirt to pave projects were under construction in Districts 1, 4 and 5. Resurfacing projects were under construction in Districts 3, 7, 8 and 9. Council s approval of the Support Resolution for CSX to close a portion of Day Street on Koppers/Estate Road would assist in continued progress on construction of this project. Brookgreen and Foxcroft Subdivision projects should be completed by July Surveys were complete and design underway for the Dargan Street and Sopkin Avenue sidewalk projects. Preliminary concept plans had been presented to SCDOT for initial comment. The Get Bitter on Litter campaign continued. The County cleaned 44.8 miles of roadway for a total of 15,519 pounds of litter; 6 citations were written and $3,276 collected in fines. The Florence County Animal Shelter assisted in the adoption of 11 animals and rescue of 73 animals during the month of April. MONTHLY FINANCIAL REPORTS Monthly Financial Reports Were Provided To Council For Fiscal Year 2018 Through March 31, 2018 As An Item For The Record. LEASE APPROVAL SUPERNOVA LLC Councilman Mumford made a motion Council Approve A Lease Agreement With Supernova, LLC For One Parking Space Adjacent To 147 W. Evans Street For Outdoor Dining Space For An Annual Amount Of $500 For A Term Of Five (5) Years. Councilman Dorriety seconded the motion, which was approved unanimously. Councilman Kirby asked if this would affect future parking. Mr. Smith responded that this was the farthest reach from the Complex and he did not anticipate this becoming an issue with other businesses due to location and situation. Florence County Council Regular Meeting May 17,

22 PROCUREMENT/ADMINISTRATION/GRANTS PROPOSAL REVIEW PANEL APPOINTMENT The Chairman Stated That If There Were No Objections, He Would Appoint Himself To Serve On The Proposal Review Panel For The Lynches River Boat And Kayak Project RFP To Be Funded By The Duke Energy Water Resources Grant Fund. No objections were voiced. Mr. Smith expressed appreciation to Duke Energy for its support and funding of this project, which would be a major effort to clear the River down to Snow Island to improve maneuverability for canoes and kayaks. PROCUREMENT/LIBRARY AWARD BID NO /18 Councilman Mumford made a motion Council Award Bid No /18 For Lawn Services For The Various County Library Locations To Granger Landscapes, Inc. Of Florence, SC In The Amount Of The Primary Bid Of $34, Per Year To Begin On July 2, 2018 From Approved FY Funds And Authorize The County Administrator To Execute A Maximum 5-Year Lawn Services Contract Pending County Attorney Review And Approval. Councilman Dorriety seconded the motion, which was approved unanimously. Chairman Caudle stated that in the past the County experienced some performance issues with a company that bid way under its competitor s and this was about a 40% difference. Mr. Smith stated procurement had assured him that this company was capable of handling the project. At the request of Mr. Smith, Procurement Director Patrick Fletcher confirmed that the company was currently performing this same type work at some of the libraries and had done a good job. PUBLIC WORKS/PROCUREMENT AWARD BID NO /18 Councilman Dorriety made a motion Council Award Bid No /18, Reclamation & Resurfacing For Hyde Circle For District 9 In The Amount Of $52, To C. R. Jackson Of Florence, SC From Council District 9 RSMF And Infrastructure Funds Previously Approved By Council. Councilman DeBerry seconded the motion, which was approved unanimously. Councilman Dorriety expressed his appreciation for the County Administrator and Public Works Director re-bidding this project and getting the bid down by approximately $9,000. AWARD BID NO /18 Councilman DeBerry made a motion Council Award Bid No /18 For 6 MBC Stone For River Neck Road In District 6 To Heritage Hauling, Inc. Of Conway, SC In The Amount Of $30, And Authorize The Use Of District 6 RSMF Funds For The Project. Councilman Dorriety seconded the motion, which was approved unanimously. Florence County Council Regular Meeting May 17,

23 SHERIFF S OFFICE BUDGET NEUTRAL SALARY INCREASE Councilman Dorriety made a motion Council Authorize A Budget Neutral 10% Increase In Salary For A Captain/Special Operations (Slot #022) In The Sheriff s Office To Be Funded From FY18 Budgeted Funds. Councilman DeBerry seconded the motion, which was approved unanimously. PROCUREMENT DECLARATION OF SURPLUS PROPERTY Councilman Bradley made a motion Council Declare Two (2) Vehicles And One (1) Truck As Surplus Property For Disposal Through Public Internet Auction Via GovDeals. Councilman Mumford seconded the motion, which was approved unanimously. PROCUREMENT/FINANCE/FACILITIES PROPOSAL REVIEW PANEL Chairman Caudle Stated That If There Were No Objections He Would Appoint Councilman DeBerry To Serve On The Proposal Review Panel For The Planning Building Elevator Upgrade (RFP No /18). No objections were voiced. OTHER BUSINESS: INFRASTRUCTURE TOWN OF OLANTA Councilman Springs made a motion Council Approve The De-Obligation Of The Expenditure Of Up To $18,000 From Council Districts 1, 4 And 5 Infrastructure Funding Allocations ($10,000 From District 1, $3,000 From District 4, And $5,000 From District 5) To Assist The Town of Olanta With Replacing The Roof On The Olanta Gymnasium; The Project Is No Longer A Viable Project. Councilman Kirby seconded the motion, which was approved unanimously. EXECUTIVE SESSION Councilman DeBerry made a motion Council Enter Executive Session Pursuant To Section Of The South Carolina Code Of Laws 1976, As Amended, To Discuss A Potential Contractual Matter With The City Of Lake City; And, Legal Advice Regarding The Annexation By The City Of Florence Of Property In The Oakdale Subdivision Area. Councilman Dorriety seconded the motion, which was approved unanimously. Florence County Council Regular Meeting May 17,

24 COUNCILMAN DORRIETY Councilman Dorriety asked if he could say something before Council entered executive session. He stated Florence County s most valuable resource is its employees and we have some great employees in Florence County and I wish our news service would get that out because I am really proud of the employees. Today, in this budget, we are trying to raise some of the salaries. I wish the Council had a lot more revenue where we could do a lot more for the employees, because without the employees of Florence County, it doesn t operate, it doesn t run I just want you to know and I m sure the rest of the Council shares the opinion because we ve had the discussions, how much we really appreciate each and every one of y all We wish we could do more, but this Council is hamstrung by certain budget limitations placed on us by other governmental bodies and it makes it difficult for us to do what we would like to do; what s in our hearts sometimes. I appreciate this Council trying to work to do everything they can and I appreciate our administration helping us out and trying to show us the way. The citizens of Florence County do not know how fortunate they are to have the employees that we have because y all do a yeoman s job and I appreciate y all very much. Councilman Mumford concurred and said 4% was a nice chunk of change and hopefully the County could do more later on. He stated the County employees made Council look good and he appreciated everything that all the employees did. Chairman Caudle stated he thought all of Council agreed. COUNCILMAN POSTON Councilman Poston stated he wanted to make one announcement. The Johnsonville Heritage Festival was scheduled for Friday and Saturday night, May 18 th and 19 th. He encourage everyone to come out and bring their families for a great event. Council entered Executive Session at 9:53 a.m. Council reconvened at 11:00 a.m. Chairman Caudle stated no action was taken in Executive Session. COUNTY ATTORNEY Mr. McEachin read a proposed motion to be offered by Council: A Motion To Have The County Attorney Write The Attorney For The City Of Florence Of County Council s Intent To Challenge Any Ordinance Of The City Of Florence To Annex Property Identified On Map Block Parcel Numbers Of The Tax Assessor s Office , And Councilman Dorriety made a motion and Councilman Kirby seconded the motion, which was approved unanimously. Florence County Council Regular Meeting May 17,

25 There being no further business to come before Council, Councilman Springs made a motion to adjourn. Councilman Mumford seconded the motion, which was approved unanimously. COUNCIL MEETING ADJOURNED AT 11:01 A.M. WAYMON MUMFORD SECRETARY-CHAPLAIN CONNIE Y. HASELDEN CLERK TO COUNTY COUNCIL Florence County Council Regular Meeting May 17,

26 PUBLIC HEARING May 17,2+8 Resolution No /18 ;y A Resolution In Support Of The Issuance The South Carolina Jobs-Econ mic Development Authority Of Its Hospital Refun, ing And Improvement Revenue Bf nds (McLeod Health Projects) Series 2018, Pursuan To The Provisions Of Title 41, Ch~pter 43, Of The Code Of Laws Of South Carolina, 1976, As Amended, In The Aggregate Principal Amount Of Not Exceeding $171,000,00,. I NAME ADDRE~S PHONE NUMBER I 2. ~

27 PUBLIC HE1RING I May 17,2018 ORDINANCE NO. ~6-2017/18 An Ordinance Authorizing (1) The Execution Aid Delivery Of An Infrastructure C~edit Agreement By And Between Florence County, sbuth Carolina And Project Meadowlark, To Provide For Special Source Revenue Credit~; (2) The Inclusion Of Property T6 Be I Owned Or Operated By Project Meadowlark In A Joint County Industrial Park; An«;! (3) Other Matters Related Thereto. I NAME ADDRE$S PHONE NUMBER I

28 PUBLIC HE RING ORDINANCE NO /18 An Ordinance To Ratify FY18 Budget And GraJt Council Actions Previously Authorir ed By Council And Other Matters Related Thereto. NAME ADDRESS PHONE NUMBER I ~,.,.) I ~ I ~ ~ I ~ Ii I! 11 II I Ii 11 I 1 11 I l I i I I ~ IJ ~. 18

29 PUBLIC HEARING May 17,2018 ORDINANCE N /18 An Ordinance Approving A Process To Recognizi The Inclusion Of The Area Of The ~ West Florence Rural Volunteer Fire District, Create1 By Ordinance No /07, Into The Florence County Fire Protection District, Create By Ordinance No /14. NAME ADDRESS PHONE NUMBER ""' 2. ~ I I 3. ~ I 4. ~ I I 5. ~ I 6. ~ 7. ~ I 8. ~ 9. ~ 10. ~ 11. I ~ I 12. ~ 13. I ~ I 14. I ~ I 15. I ~ I I I ~ I "" I 19

30 PUBLIC HK,lRING May 17,2J18 ORDINANCE N /19 An Ordinance To Provide For The Levy Of Tax~ In Florence County For The Fiscal ear Beginning July 1, 2018 And Ending June 30, 2019; To Provide For The Appropri~tion Thereof; To Provide For Revenues For The Payj ent Thereof; And To Provide For Other Matters Related Thereto. I NAME I I ADDRESS PHONE NUMBER I h_ 2. ~.) ". ~ I I 4. ~ I I 5. ~ I I 6. ~ 7. ~ 8. ~ I 9. ~ I 10. I ~ 11. I ~ 12. ~ 13. ~ 14. ~ 15. I ~ I ~ 20

31 FLORENCE COUNTY COUNCIL June 21, 2018 AGENDA ITEM: Public Hearings DEPARTMENT: County Council ISSUE UNDER CONSIDERATION: Council Will Hold Public Hearing To Receive Public Comment With Regard To The Following: ORDINANCE NO /18 An Ordinance To Provide For The Issuance And Sale Of A Not Exceeding One Million Dollar ($1,000,000) General Obligation Bond Of Florence County, South Carolina (Florence County Fire Protection District), To Prescribe The Purposes For Which The Proceeds Of Said Bond Shall Be Expended, To Provide For The Payment Of Said Bond, And Other Matters Relating Thereto. 21

32 FLORENCE COUNTY COUNCIL MEETING Proposed Additions to the Agenda June 21, 2018 AGENDA ITEM: Appearances Before Council Barry Frick DEPARTMENT: County Council ISSUE UNDER CONSIDERATION: Mr. Frick Requests To Appear Before Council Concerning The Grant For Clearing A Passage In Lynches River. ATTACHMENTS: A copy of the request to appear.

33 Suzanne King Subject: FW: RFP LR Clean up Grant From: Barry Frick Sent: Monday, June 18, :28 PM To: Suzanne King Subject: Re: RFP LR Clean up Grant Mrs. King, I would like to speak at the upcoming meeting of County Council concerning the grant for clearing a passage in Lynches River. My main concerns are river level at which the river will be useable and the width of the passage way. I think this is a great opportunity for the county and would like to assist the Howe Springs Fire Department in overseeing this project. Barry Frick 2740 /11digo La11ding Road Scra11to11, SC barryfrick@yahoo.com www. riverratsca11oere11tals. com

34 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: Resolution of Appreciation & Recognition Timmonsville Rescue Squad DEPARTMENT: County Council ISSUE UNDER CONSIDERATION: A Resolution Of Appreciation And Recognition For The Timmonsville Rescue Squad In Recognition Of Its Continued Commitment To Preserving The Lives And Property Of Our Citizens And Visitors. OPTIONS: 1. (Recommended) Approve the Proposed Resolution As Presented. 2. Provide an alternate directive. ATTACHMENTS: Copy of the proposed Resolution. 22

35 STATE OF SOUTH CAROLINA) ) RESOLUTION OF RECOGNITION COUNTY OF FLORENCE ) AND APPRECIATION WHEREAS, the Florence County Council firmly believes that a basic and important function of government is to ensure adequate provisions are in place for the safety and protection of life and property in Florence County; and WHEREAS, the Florence County Council acknowledges that our rural rescue squads provide an essential public service; and WHEREAS, Council appreciates the fact that first responders are, in many instances, the life-savers in emergency incidents when seconds can mean the difference between life and death; and, WHEREAS, the Timmonsville Rescue Squad has been named the EMS Small System of the Year 2017 during the South Carolina EMS Symposium in March 2018, which is the fourth time the Timmonsville Rescue Squad has earned this Award; and, WHEREAS, the members of the Timmonsville Rescue Squad earned this award by remaining vigilant and loyal to the calling of the first responder; and, WHEREAS, the Timmonsville Rescue Squad and its members are to be commended for exemplary service and should be recognized as a role model for public service. NOW THEREFORE BE IT RESOLVED, by the governing body of Florence County, South Carolina, the Florence County Council, that TIMMONSVILLE RESCUE SQUAD richly deserves Council s recognition of its continued commitment to preserving the lives and property of our citizens and visitors. draft PRESENTED THIS 21 st DAY OF JUNE THE FLORENCE COUNTY COUNCIL Kent C. Caudle, Chairman Mitchell Kirby, Council District 4 23

36 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: Resolution of Appreciation & Recognition Donnie Windham DEPARTMENT: County Council ISSUE UNDER CONSIDERATION: A Resolution Of Appreciation And Recognition For Donnie Windham For His Multitudinous Contributions And Years Of Meritorious Service To The Community. OPTIONS: 1. (Recommended) Approve the Proposed Resolution As Presented. 2. Provide an alternate directive. ATTACHMENTS: Copy of the proposed Resolution. 24

37 STATE OF SOUTH CAROLINA) ) COUNTY OF FLORENCE ) RESOLUTION OF APPRECIATION and RECOGNITION WHEREAS, the Florence County Council deems it appropriate to recognize those unique and wonderful individuals who excel in their area of expertise; and, WHEREAS, Donnie Windham has provided exceptional, dedicated service to the citizens of Florence County and the Timmonsville Rescue Squad since the inception of the Squad in 1966 and has set a standard of excellence for first responders in Florence County; and, WHEREAS, Mr. Windham was instrumental in the initiation of the Rescue Squad, rising to the challenge and devoting countless hours to 'bucket drives' and other fundraisers to enable the department to purchase supplies and equipment; and, WHEREAS, his knowledge, skills, and expertise were focused on one goal - exemplary service to the citizens of Florence County, which is evidenced by the fact that under his leadership, the Timmonsville Rescue Squad has been the recipient of the coveted 'EMS Small System of the Year' on four different occasions; and, WHEREAS, his personal commitment of time and effort embodies the true image of the 'public servant'; and, WHEREAS, his compassion, dedication, loyalty and faithfulness to the Timmonsville Rescue Squad and the community have contributed greatly to an enhanced quality of life for the residents. NOW, THEREFORE, BE IT RESOLVED, by the governing body of Florence County, the Florence County Council, that Donnie Windham, richly deserves both Council's recognition and appreciation for his multitudinous contributions and years of meritorious service. Thank you Donnie for a job WELL DONE! draft Presented this 21 st day of June, THE FLORENCE COUNTY COUNCIL: Kent C. Caudle, Chairman Willard Dorriety, Vice Chairman Waymon Mumford, Secretary/Chaplain Mitchell Kirby, Member Alphonso Bradley, Member James T. Schofield, Member Roger M. Poston, Member Jason M. Springs, Member H. Steven DeBerry, IV, Member 25

38 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: Resolution No /18 DEPARTMENT: County Council ISSUE UNDER CONSIDERATION: [A Resolution Identifying A Project To Satisfy The Requirements Of Title 12, Chapter 44 Of The South Carolina Code, So As To Allow Investment Expenditures Incurred By A Company Known To The County As Project R, Its Affiliates And Related Entities, To Qualify As Expenditures Eligible For A Fee-In-Lieu Of Taxes Arrangement With Florence County, South Carolina; Providing For Other Related Economic Development Incentives, Including Special Source Revenue Credits; And Other Matters Related Thereto.] OPTIONS: 1. (Recommended) Approve Resolution No /18 As Presented. 2. Provide An Alternate Directive. ATTACHMENTS: Proposed Resolution No /18 26

39 Sponsor(s) : Economic Development Adopted: : June 21, 2018 Committee Referral : N/A Committee Consideration Date : N/A Committee Recommendation : N/A RESOLUTION NO /18 COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT FOR FLORENCE COUNTY (A Resolution Identifying A Project To Satisfy The Requirements Of Title 12, Chapter 44 Of The South Carolina Code, So As To Allow Investment Expenditures Incurred By A Company Known To The County As Project R, Its Affiliates And Related Entities, To Qualify As Expenditures Eligible For A Fee-In-Lieu Of Taxes Arrangement With Florence County, South Carolina; Providing anddraft For Other Related Economic Development Incentives, Including Special Source Revenue Credits; And Other Matters Related Thereto.) WHEREAS: 1. Florence County (the County ) is a political subdivision of the State of South Carolina and as such has all powers granted to counties by the Constitution and the general law of this State; and 2. The County, acting by and through its County Council, is authorized and empowered under and pursuant to the provisions of Title 12, Chapter 44 of the Code of Laws of South Carolina, 1976, as amended (the Act ) (i) to enter into agreements with qualifying companies to encourage investment in projects constituting economic development property through which the economic development of the State of South Carolina (the State ) will be promoted by inducing new and existing manufacturing and commercial enterprises to locate and remain in the State and thus utilize and employ manpower and other resources of the State; (ii) to covenant with such industry to accept certain fee payments in lieu of ad valorem taxes ( FILOT ) with respect to such investment; (iii) to grant credits against FILOT payments to qualifying companies to offset qualifying infrastructure related expenditures ( Special Source Revenue Credits ) pursuant to Sections , and of the Code of Laws of South Carolina, 1976, as amended (collectively, the Infrastructure Credit Act ); and (iv) to make and execute contracts pursuant to Section of the Code of Laws of South Carolina, 1976, as amended; and 3. A Company known to the County as Project R, as Sponsor, along with one or more existing, or to-be-formed or acquired subsidiaries, or affiliated or related entities and any Sponsor Affiliates that the Sponsor may designate and have the County approve in accordance with the Act (collectively, the Company ), contingent upon satisfaction of certain commitments made by and on behalf of the County, as set forth herein and to be further set forth in future agreements, and to the extent allowed by law, plans to establish a facility in the County through the acquisition, lease, construction and purchase of certain land, buildings, furnishings, fixtures, apparatuses, and equipment (collectively, the Project ), which will result in an investment in real and personal property of approximately $15,000,000 ( Investment ) in the County; 1 27

40 4. As an inducement for the Project, the Company requests and the County desires to provide certain incentives, including but not limited to, the following: (1) the incentive of a FILOT as authorized by the Act for a term of 35 years having a fixed assessment ratio of 6% with a fixed millage rate equal to that millage rate in effect at the Project site for all taxing entities on June 30, 2017, and the terms of which shall be further set forth in a fee-in-lieu of ad valorem taxes agreement between the County and the Company ( Fee Agreement ); (2) to provide an annual credit against those FILOT payments made by the Company and any of the Sponsor Affiliates to the County for the Project in amounts to be further set forth in the Fee Agreement; and (3) any other incentives that may be set forth in the Fee Agreement or other agreements by and between the County and the Company (collectively, the Incentives ); and 5. The parties recognize and acknowledge that the Company would not otherwise locate the Project in the County but for the delivery of the Incentives; and 6. In accordance with Section of the Act, and based on information provided by the Company, the County has determined that (i) the Project will benefit the general public welfare of the County by providing services, employment, recreation or other public benefits, not otherwise adequately provided locally; (ii) the Project will not give rise to any pecuniary liability of the County or incorporated municipality or a charge against the general credit or taxing power of either the County or any incorporated municipality; (iii) the purposes to be accomplished by the Project are proper governmental and public purposes; and (iv) the benefits of the Project to the public are greater than the costs to the public. NOW THEREFORE, BE IT RESOLVED BY THE FLORENCE COUNTY COUNCIL DULY ASSEMBLED as follows: draft Section 1. Project Identification for Purposes of the Act. The County hereby identifies the Project as a project as contemplated by Section of the Act. Section 2. Project Findings. Based on information provided by the Company, the County hereby finds and affirms its determination that: (i) the Project will benefit the general public welfare of the County by providing services, employment, recreation or other public benefits not otherwise provided locally; (ii) the Project will not give rise to any pecuniary liability of the County or incorporated municipality and or a charge against its general credit or taxing power; (iii) the purposes to be accomplished by the Project are proper governmental and public purposes; and (iv) the benefits of the Project to the public are greater than the costs to the public. Section 3. Authorization to Negotiate Incentives. The County shall negotiate in good faith the Incentives and the agreements relating thereto, including but not limited to the Fee Agreement. Section 4. Past and Future Acts. The County Council hereby authorizes the Chair of the County Council and other County staff, along with any designees and agents any of these officials deems necessary and proper, including the County s attorney for this Project, in the name of and on behalf of the County (each an Authorized Individual ), to take whatever further 2 28

41 actions, and enter into whatever further agreements, as are allowed by law and as any Authorized Individual deems to be reasonably necessary and prudent to effect the intent of this Resolution and induce the Company to locate the Project in the County, and authorizes and ratifies all actions previously undertaken by Authorized Individuals with respect to the Project and the actions contemplated by this Resolution. Section 5. Severability. Should any part, provision, or term of this Resolution be deemed unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such finding or determination shall not affect the rest and remainder of the Resolution or any part, provision or term thereof, all of which is hereby deemed separable. Section 6. Repealer Clause. All orders, resolutions, or any parts of either, in conflict with this Resolution are, to the extent of that conflict, repealed. This Resolution is effective and remains in effect as of its adoption by the County Council. ATTEST: Connie Y. Haselden, Council Clerk Approved as to Form and Content D. Malloy McEachin, Jr., County Attorney SIGNED: Kent C. Caudle, Chairman COUNCIL VOTE: OPPOSED: ABSENT: draft 3 29

42 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: Ordinance No /18 Third Reading DEPARTMENT: Economic Development ISSUE UNDER CONSIDERATION: [An Ordinance Authorizing Pursuant To Title 12, Chapter 44 Of The Code Of Laws Of South Carolina 1976, As Amended, The Execution And Delivery Of Fee-In-Lieu Of Ad Valorem Taxes Agreements By And Between Florence County, South Carolina And Certain Companies As Sponsor And Sponsor Affiliate, Respectively, Identified Collectively For The Time Being As Project Fig, To Provide For Fee-In-Lieu Of Ad Valorem Taxes Incentives And Certain Special Source Revenue Credits; And Other Related Matters.] OPTIONS: 1. (Recommended) Approve Third Reading of Ordinance No /18 As Revised. 2. Provide An Alternate Directive. ATTACHMENTS: 1. Proposed Ordinance No /18 As Revised. 2. Mark up of Ordinance No /18. 30

43 Sponsor(s) : County Council Introduction : November 16, 2017 I,, Committee Referral : N/A Council Clerk, certify that the Committee Consideration Date : N/A ad for a Public Hearing on this Committee Recommendation : N/A Ordinance ran on:. Public Hearing : December 14, 2017 Second Reading : December 14, 2017 Third Reading : June 21, 2018 Effective Date : Immediately ORDINANCE NO /18 COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT FOR FLORENCE COUNTY AUTHORIZING PURSUANT TO TITLE 12, CHAPTER 44 OF THE CODE OF LAWS OF SOUTH CAROLINA anddraft 1976, AS AMENDED, THE EXECUTION AND DELIVERY OF FEE-IN-LIEU OF AD VALOREM TAXES AGREEMENTS BY AND BETWEEN FLORENCE COUNTY, SOUTH CAROLINA AND CERTAIN COMPANIES AS SPONSOR AND SPONSOR AFFILIATE, RESPECTIVELY, IDENTIFIED COLLECTIVELY FOR THE TIME BEING AS PROJECT FIG, TO PROVIDE FOR FEE-IN-LIEU OF AD VALOREM TAXES INCENTIVES AND CERTAIN SPECIAL SOURCE REVENUE CREDITS; AND OTHER RELATED MATTERS. WHEREAS: 1. Florence County, South Carolina, a political subdivision of the State of South Carolina (the "County"), acting by and through its County Council (the "County Council"), is authorized and empowered under and pursuant to the provisions of Title 12, Chapter 44, Code of Laws of South Carolina 1976, as amended (the "Act") (i) to enter into agreements with qualifying industry to encourage investment and projects constituting economic development property to which the industrial development of the State of South Carolina will be promoted by inducing new and existing manufacturing and commercial enterprises to locate and remain in the State and thus utilize and employ manpower and other resources of the State; and (ii) to covenant with such industry to accept certain payments in lieu of ad valorem taxes ("FILOT") with respect to such investment; and 2. A company identified under the code name of Project Fig (the Sponsor ), informed the County in 2017 that it intended to install solar power facilities on land in Florence County, South Carolina, owned by various landlords (each, a Sponsor Affiliate ), which would result in the creation of jobs and other economic benefits to the County (each a Project and collectively, Project Fig ), provided that the Sponsor, the applicable Sponsor Affiliate and the County reached an agreement on a FILOT package for each Project; and 3. The County adopted an Inducement Resolution on November 16, 2017, and has determined, pursuant to the Act, to finalize with the Sponsor and each Sponsor Affiliate the FILOT incentive package for each Project according to the terms and conditions of the fee agreements referred to below; v1 1 31

44 4. The Sponsor has assured the County that the following minimum investments in qualifying expenditures will be invested in each Project on or before December 31, 2023: An investment of not less than $2,520,000 ( Project Bani ) An investment of not less than $2,520,000 ( Project Bass ) An investment of not less than $2,520,000 ( Project Blacktip ) An investment of not less than $2,520,000 ( Project Goldenrod ) An investment of not less than $2,520,000 ( Project McCormick ) An investment of not less than $2,520,000 ( Project Rutledge ) An investment of not less than $2,520,000 ( Project Sapphire ) An investment of not less than $2,520,000 ( Project South ) An investment of not less than $2,520,000 ( Project Willis ); NOW, THEREFORE, BE IT RESOLVED, by the County Council, as follows: Section 1. The County Council, having made a finding that each Project brings benefits to the County as set forth in Section 3 of this Ordinance, expresses its intention that this Ordinance shall fulfill the requirement under the Act as an official action on the part of the County Council relating to identifying and inducing each Project. Section 2. The Chairman of the County Council is hereby authorized and directed to execute Fee Agreements in substantially the form attached hereto as Exhibit A, together with such changes as are not materially adverse to the County with the approval of the County Administrator, in the name of and on behalf of the County, the Clerk of the County Council is hereby authorized and directed to attest to the same; and the County Administrator is hereby authorized and directed to deliver said executed Fee Agreements to the Company. draft Section 3. The County hereby finds (i) each Project will benefit the general public welfare of the County by providing service, employment, recreation or other public benefits not otherwise provided locally; (ii) each project gives rise to no pecuniary liability of the County or incorporated municipality or to no charge against its general credit or taxing power; (iii) the purposes to be accomplished by each Project are proper governmental and public purposes; and (iv) the benefits of each Project to the public are greater than the costs to the public. Section 4. All ordinances, resolutions and parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed. ATTEST: SIGNED: Connie Y. Haselden, Council Clerk Approved as to Form and Content D. Malloy McEachin, Jr., County Attorney Kent C. Caudle, Chairman COUNCIL VOTE: OPPOSED: ABSENT: v1 2 32

45 FEE-IN-LIEU OF AD VALOREM TAXES AGREEMENT BETWEEN [ ] SOLAR, LLC, AS SPONSOR AND FLORENCE COUNTY, SOUTH CAROLINA DATED AS OF JUNE 21, 2018 draft PREPARED BY: K&L GATES LLP 134 MEETING STREET SUITE 500 CHARLESTON, SOUTH CAROLINA (843) v1 33

46 TABLE OF CONTENTS Recitals v1 ARTICLE I PROJECT OVERVIEW Section 1.1 Agreement to Waive Requirement of Recapitulation... 2 Section 1.2 Rules of Construction; Defined Terms... 2 ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1 Representations of the County... 5 Section 2.2 Representations of the Sponsor... 6 ARTICLE III COMMENCEMENT AND COMPLETION OF THE PROJECT Section 3.1 The Project... 7 Section 3.2 Diligent Completion... 7 ARTICLE IV PAYMENTS IN LIEU OF TAXES Section 4.1 Special Source Revenue Credit... 7 Section 4.2 Negotiated Payments... 8 Section 4.3 Payments in Lieu of Taxes on Replacement Property Section 4.4 draft Page Reductions in Payments of Taxes Upon Removal, Condemnation or Casualty Section 4.5 Place and Allocation of Payments in Lieu of Taxes Section 4.6 Removal of Equipment Section 4.7 Damage or Destruction of Project Section 4.8 Condemnation Section 4.9 Merger of Sponsor with Related Party Section 4.10 Indemnification Covenants Section 4.11 Confidentiality/Limitation on Access to Project Section 4.12 Records and Reports Section 4.13 Payment of Administrative Expenses Section 4.14 Collection and Enforcement Rights of County Section 4.15 Assignment and Subletting Section 4.16 County's Estoppel Certification for Sponsor's Financing Transactions Section 4.17 Sponsor s Continuing Obligations After Termination by Sponsor Section 4.18 Events of Default Section 4.19 Remedies on Default Section 4.20 Remedies Not Exclusive Section 4.21 Decommission Costs

47 ARTICLE V MISCELLANEOUS Section 5.1 Notices Section 5.2 Binding Effect Section 5.3 Counterparts Section 5.4 Governing Law Section 5.5 Headings Section 5.6 Amendments Section 5.7 Further Assurance Section 5.8 Severability Section 5.9 Limited Obligation Section 5.10 Force Majeure Section 5.11 Execution Disclaimer draft v1 35

48 FEE-IN-LIEU OF AD VALOREM TAXES AGREEMENT THIS FEE-IN-LIEU OF AD VALOREM TAXES AGREEMENT (this Fee Agreement ) is made and entered into as of June 21, 2018, by and between Florence County, South Carolina (the County ), a body politic and corporate and a political subdivision of the State of South Carolina (the State ), acting by and through the Florence County Council (the County Council ) as the governing body of the County, and [ ] Solar, LLC (the Sponsor ), a limited liability company duly organized and existing under the laws of the State of South Carolina. WITNESSETH: WHEREAS, the County is authorized and empowered under and pursuant to the provisions of Title 12, Chapter 44 (the Act ) of the Code of Laws of South Carolina 1976, as amended (the Code ) and Title 4, Chapter 1 of the Code (the Multi-County Park Act ): (i) to enter into agreements with certain entities meeting the requirements of the Act to construct, operate, maintain, and improve certain industrial and commercial properties through which the economic development of the State of South Carolina will be promoted and trade developed by inducing corporate headquarters, manufacturing and commercial enterprises to locate and remain in the State of South Carolina and thus utilize and employ the manpower, agricultural products, and natural resources of the State; (ii) to covenant with such investors to accept certain payments in lieu of ad valorem taxes with respect to the project; and (iii) to maintain, create or expand, in conjunction with one or more other counties, a multi-county industrial park in order to afford certain enhanced income tax credits to such investors; WHEREAS, the Sponsor proposes to develop, install or operate, as applicable solar power generating facilities located at a leased site situated at Tax Map Parcel Number [ ] (the Land ) in Florence County, South Carolina (the Project ); draft WHEREAS, the Project will involve an investment which, but for this Fee Agreement, would have a value for ad valorem taxation purposes, of not less than $2,520,000 within the Investment Period ( Project Commitment ), meeting the minimum investment requirement under the Act; WHEREAS, pursuant to the Act, the County has determined that (a) the Project (as defined herein) is anticipated to benefit the general public welfare of the County by providing services, employment, recreation, or other public benefit not otherwise adequately provided locally; (b) the Project gives rise to no pecuniary liability of the County or incorporated municipality and to no charge against its general credit or taxing power; (c) the purposes to be accomplished by the Project are proper governmental and public purposes; and (d) the benefits of the Project to the public are greater than the costs to the public; WHEREAS, the County Council adopted an Inducement Resolution on November 16, 2017, (the Resolution ), wherein the County Council, as an inducement to the Sponsor to develop the Project, committed the County to enter into, and authorized the County Administrator, County Attorney and the Executive Director of the Florence County Economic Development Partnership to negotiate with the Sponsor the terms of, this Fee Agreement; WHEREAS, the County Council adopted an ordinance on June 21, 2018, (the Fee Ordinance ), as an inducement to the Sponsor to develop the Project and at the Sponsor s request, the County Council authorized the County to enter into this Fee Agreement as a fee-in-lieu of ad valorem tax agreement with v1 36

49 the Sponsor which identifies the property comprising the Project as Economic Development Property under the Act subject to the terms and conditions hereof; WHEREAS, the Project constitutes Economic Development Property within the meaning of the Act; and WHEREAS, for the purposes set forth above, the County has determined that it is in the best interests of the County to enter into this Fee Agreement with the Sponsor subject to the terms and conditions herein set forth. NOW, THEREFORE, AND IN CONSIDERATION of the respective representations and agreements hereinafter contained, the parties hereto agree as follows, with the understanding that no obligation of the County described herein shall create a pecuniary liability or charge upon its general credit or taxing powers, but shall be payable solely out of the sources of payment described herein and shall not under any circumstances be deemed to constitute a general obligation to the County: ARTICLE I PROJECT OVERVIEW Section 1.1. Agreement to Waive Requirement of Recapitulation. Pursuant to Section (B) of the Act, the County and the Sponsor agree to waive the requirement of including in this Fee Agreement the recapitulation information as set forth in Section (A) of the Act. If the Sponsor should be required to retroactively comply with the recapitulation requirements of Section of the Act, then the County agrees, to the extent permitted by law, to waive all penalties of the County for the Sponsor s noncompliance that are within the County s control. Section 1.2. Rules of Construction; Defined Terms. In addition to the words and terms elsewhere defined in this Fee Agreement, the terms defined in this Article shall have the meaning herein specified, unless the context clearly requires otherwise. The definition of any document shall include any amendments to that document, unless the context clearly indicates otherwise. draft Act shall mean Title 12, Chapter 44, Code of Laws of South Carolina, 1976, as amended, and all future acts supplemental thereto or amendatory thereof. Administrative Expenses shall mean the reasonable and necessary expenses, including attorneys' fees, incurred by the County with respect to the Project and this Fee Agreement. Authorized Sponsor Representative shall mean any person designated from time to time to act on behalf on the Sponsor as evidenced by a written certificate or certificates furnished to the County containing the specimen signature of each such person, signed on behalf of the Sponsor by its Manager, its President, one of its vice presidents, its general counsel, its secretary or any assistant secretary. Such certificates may designate an alternate or alternates, and may designate different Authorized Sponsor Representatives to act for the Sponsor with respect to different sections of this Fee Agreement. Chairman shall mean the Chairman of the County Council of Florence County, South Carolina. Closing or Closing Date shall mean the date of the execution and delivery hereof. Code shall mean the South Carolina Code of Laws, 1976, as amended v1 37

50 Commencement Date shall mean the last day of the property tax year during which Economic Development Property is first placed in service, except that this date must not be later than the last day of the property tax year which is three years from the year in which the County and the Sponsor execute this Fee Agreement. County shall mean Florence County, South Carolina, a body politic and corporate and political subdivision of the State of South Carolina, its successors and assigns, acting by and through the Florence County Council as the governing body of the County. County Administrator shall mean the person appointed by the County Council to act as county administrator of the County at any one time during the term of this Fee Agreement, or in the event that the form of government of the County changes from that which is in place at the time of the execution of this Fee Agreement, the person who is authorized to perform the managerial and/or administrative duties presently assigned to the County Administrator. County Council shall mean the Florence County Council, the governing body of the County. Diminution of Value in respect of any Phase of the Project shall mean any reduction in the value based on original fair market value as determined in Step 1 of Section 4.2 of this Fee Agreement, of the items which constitute a part of the Phase which may be caused by (i) the Sponsor s removal of equipment pursuant to Section 4.6 of this Fee Agreement, (ii) a casualty to the Phase of the Project, or any part thereof, described in Section 4.7 of this Fee Agreement or (iii) a condemnation to the Phase of the Project, or any part thereof, described in Section 4.8 of this Fee Agreement. Economic Development Property shall mean all items of real and tangible personal property comprising the Project which are eligible for inclusion as economic development property under the Act, become subject to this Fee Agreement, and which are identified by the Sponsor in connection with its annual filing of a SCDOR PT-100, PT-300 or comparable form with the South Carolina Department of Revenue (as such filing may be amended from time to time) for each year within the Investment Period. Title to all Economic Development Property shall at all times remain vested in the Sponsor, except as may be necessary to take advantage of Section of the Act. draft Equipment shall mean all of the equipment and fixtures, together with any and all additions, accessions, replacements and substitutions thereto or therefor to the extent such equipment and fixtures become a part of the Project under this Fee Agreement. Event of Default shall mean any Event of Default specified in Section 4.18 of this Fee Agreement. Fee Agreement shall mean this Fee-In-Lieu of Ad Valorem Taxes Agreement. Fee Term or Term shall mean the period from the date of delivery of this Fee Agreement until the last Phase Termination Date unless sooner terminated or extended pursuant to the terms of this Fee Agreement. FILOT shall mean the fee-in-lieu of taxes, which the Sponsor is obligated to pay to the County pursuant to Section 4.2 hereof. FILOT Payments shall mean the payments to be made by the Sponsor pursuant to Section 4.2 hereof v1 38

51 FILOT Revenues shall mean the revenues received by the County from the Sponsor s payment of the FILOT. Force Majeure shall mean any event of Force Majeure as defined in Section 5.10 of this Fee Agreement. Investment Period shall mean the period commencing in 2018 and ending on the last day of the fifth property tax year following the earlier of the property tax year in which Economic Development Property is placed in service or the property tax year in which this Fee Agreement is executed; provided a later date may be agreed to by the Sponsor and County pursuant to Section (13) of the Act. Land shall mean the real estate upon which the Project is to be located, as described on Exhibit A attached hereto, as Exhibit A may be supplemented from time to time in accordance with the provisions hereof. Multi-County Park shall mean that multi-county industrial/business park established pursuant to a qualifying agreement with Darlington County, dated April 21, 2016, and any amendments thereto (the Multi County Park Agreement ). Multi-County Park Act shall mean Title 4, Chapter 1 of the Code, as amended through the date hereof. Negotiated FILOT Payments shall mean the FILOT payments due pursuant to Section 4.2 hereof with respect to that portion of the Project consisting of Economic Development Property. Net FILOT Payment shall mean total annual payments of $8, for thirty years. It is anticipated that the first Net FILOT Payment due hereunder shall be the payment for property tax year 2019, due and payable to the County on or before January 15, Provided, the Net FILOT Payments shall be increased in any year in which the total power generation capacity of the Project exceeds 2 megawatts of AC power, in proportion to the excess. For example, and by way of example only, if the total power generation capacity of the Project as of the last day of the 2022 tax year is 125% of 2 megawatts of AC power, then the Net FILOT Payment for such year shall be increased by 25%. The Sponsor shall provide the County Administrator and Finance Director with report(s) (including third party reports, if applicable) not less frequently than annually, at the end of the calendar year, or any time the power generation capacity of the Project is increased, providing conclusive evidence of the then-current power generation capacity of the Project and the actual maximum power production of the Project since the last such report. draft Non-Qualifying Property shall mean that portion of the Project consisting of: (i) property as to which the Sponsor incurred expenditures prior to the Investment Period or, except as to Replacement Property, after the end of the Investment Period; (ii) Existing Property; and (iii) any released property or other property which fails or ceases to qualify for FILOT Payments, including without limitation property as to which the Sponsor has terminated the FILOT pursuant to Section 4.19(a) hereof. The Sponsor agrees that the real estate improvements on the Real Property as of the date of this Fee Agreement shall constitute Non-Qualifying Property for purposes of this Fee Agreement. Phase or Phases in respect of the Project shall mean the Building and Equipment placed in service during each year of the Investment Period. Phase Termination Date shall mean with respect to each Phase of the Project the day thirty (30) years after each such Phase of the Project becomes subject to the terms of this Fee Agreement with an v1 39

52 option to extend the term for a further ten (10) years in accordance with the Act. Anything contained herein to the contrary notwithstanding, the last Phase Termination Date shall be no later than the later of: (a) December 31, 2053, unless an extension of time in which to complete the Project is granted by the County pursuant to Section (13) of the Act or (b) December 31 of the year of the expiration of the maximum period of years that the annual fee payment is available to the Sponsor under Section (20) of the Act, as amended. Power Purchase Agreement shall mean any agreement applicable to the Project whereby any third party contracts to purchase electricity generated by the Project for any term. Project shall mean the Structure and the Equipment, together with the acquisition and installation thereof as acquired, in Phases. Project Commitment shall have the meaning set forth in the recitals to this Fee Agreement. Qualifying Infrastructure Costs shall have the meaning set forth in Section 4.1 of this Fee Agreement. Real Property shall mean the Land identified on Exhibit A, together with all and singular rights, members, hereditaments and appurtenances belonging or in any way incident or appertaining thereto to the extent such become a part of the Project under this Fee Agreement, all improvements now or hereafter situated thereon and all fixtures now or hereafter attached thereto, to the extent such improvements and fixtures become part of the Project under this Fee Agreement. Replacement Property shall mean any property which is placed in service as a replacement for any item of Equipment which is scrapped or sold by the Sponsor and treated as a Removed Component under Section 4.6 hereof regardless of whether such property serves the same function as the property it is replacing and regardless of whether more than one piece of property replaces any item of Equipment, but only to the extent that such property may be included in the calculation of the FILOT pursuant to Section 4.2 hereof and Section of the Code. draft Special Source Revenue Credit shall mean the Special Source Revenue Credit described in Section 4.1 hereof. Sponsor shall mean [ ] Solar, LLC, a South Carolina limited liability company duly qualified to transact business in the State of South Carolina and any surviving, resulting, or transferee entity in any merger, consolidation, or transfer of assets; or any assignee hereunder which is designated by the Sponsor and approved or ratified by the County. Structure shall mean the structures and other improvements to be constructed or installed upon the Real Property as part of the implementation of the Project. Any reference to any agreement or document in this Article I or otherwise in this Fee Agreement shall be deemed to include any and all amendments, supplements, addenda, and modifications to such agreement or document. ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1. Representations of the County. The County hereby represents and warrants to the Sponsor as follows: v1 40

53 (a) The County is a body politic and corporate and a political subdivision of the State which acts through the County Council as its governing body and by the provisions of the Act is authorized and empowered to enter into the transactions contemplated by this Fee Agreement and to carry out its obligations hereunder. The County has duly authorized the execution and delivery of this Fee Agreement and any and all other agreements described herein or therein. (b) The County, based on representations of the Sponsor, has determined that the Project will serve the purposes of the Act, and has made all other findings of fact required by the Act in order to designate the Project as Economic Development Property. (c) The Project constitutes a project within the meaning of the Act. (d) By proper action of the County Council, the County has duly authorized the execution and delivery of this Fee Agreement and any and all actions necessary and appropriate to consummate the transactions contemplated hereby. (e) This Fee Agreement has been duly executed and delivered on behalf of the County. (f) The County agrees to use its best faith efforts to cause the Land to be located within the Multi- County Park, and the County will diligently take all reasonable acts to ensure that the Project will continuously be included with the boundaries of the Multi-County Park or another multi-county park in order that the maximum tax benefits afforded by the laws of the State of South Carolina for projects in the County located within multi-county industrial parks will be available to the Sponsor. (g) No actions, suits, proceedings, inquiries, or investigations known to the undersigned representatives of the County are pending or threatened against or affecting the County in any court or before any governmental authority or arbitration board or tribunal, which could materially adversely affect the transactions contemplated by this Fee Agreement or which could, in any way, adversely affect the validity or enforceability of this Fee Agreement. draft Section 2.2. Representations of the Sponsor. The Sponsor hereby represents and warrants to the County as follows: (a) The Sponsor is duly organized and in good standing under the laws of the State of South Carolina, has power to enter into this Fee Agreement, and by proper company action has duly authorized the execution and delivery of this Fee Agreement. (b) The Sponsor s execution and delivery of this Fee Agreement and its compliance with the provisions hereof will not result in a default, not waived or cured, under any company restriction or any agreement or instrument to which the Sponsor is now a party or by which it is bound. (c) The Sponsor intends to operate the Project as a project within the meaning of the Act as in effect on the date hereof. The Sponsor intends to develop, install or operate, as applicable solar power generating facilities, to conduct other legal activities and functions with respect thereto, and for such other purposes permitted under the Act as the Sponsor may deem appropriate. (d) The availability of the payment in lieu of taxes with regard to the Economic Development Property authorized by the Act has induced the Sponsor to undertake the Project in the County v1 41

54 (e) The Sponsor plans and commits to achieve its Project Commitment by the end of the Investment Period. (f) The income tax year of the Sponsor, and accordingly the property tax year, for federal income tax purposes, ends on December 31. ARTICLE III COMMENCEMENT AND COMPLETION OF THE PROJECT Section 3.1. The Project. The Sponsor has acquired and/or installed since the Commencement Date or made plans for the acquisition and/or installation of certain Equipment on the Land which comprises the Project. Pursuant to the Act, the Sponsor and the County hereby agree that the property comprising the Project shall be Economic Development Property as defined under the Act. Section 3.2. Diligent Completion. The Sponsor agrees to use its reasonable efforts to cause the acquisition, construction and installation of the Project to be completed as soon as practicable. ARTICLE IV PAYMENTS IN LIEU OF TAXES Section 4.1. Special Source Revenue Credit. The County hereby grants to the Sponsor, subject to the provisions herein, and the Sponsor hereby accepts from the County, a Special Source Revenue Credit, in reimbursement of investment in Qualifying Infrastructure Costs as described below, to be applied to its annual fee-in-lieu of taxes liability equal to an amount equal to the FILOT Payments due under this Fee Agreement, to be calculated as set forth in Section 4.2 (but excluding any FILOT Payments due under Section 4.1(d) or Section 4.2(d) hereof), minus the Net FILOT Payment. (a) The Special Source Revenue Credit shall be effective starting with the first Net FILOT Payment due hereunder and shall remain effective for the entire Fee Term. For purposes of this Fee Agreement, Qualifying Infrastructure Costs shall include but not be limited to, the cost of designing, acquiring, constructing, improving, or expanding the infrastructure serving the Project and for improved or unimproved real estate and machinery and equipment in connection with the Project, and any other expenditures authorized by Section of the Code. draft (b) In order to receive the Special Source Revenue Credit on the Non-Qualifying Property, the Sponsor agrees to waive the tax exemptions that otherwise may be applicable if the Non-Qualifying Property were subject to ad valorem taxes, including the exemptions allowed pursuant to Section 3(g) of Article X of the Constitution of the State of South Carolina, and the exemptions allowed pursuant to Sections (B)(32) and (34) of the Code. (c) If for any reason the FILOT Payment to be made with respect to any year is less than the Net FILOT Payment, thus resulting in an SSRC that is a negative number, and if a court of competent jurisdiction holds or determines that a negative SSRC is not permitted under the Park Act, the Company shall not be entitled to receive the SSRC with respect to such year and shall make an additional payment to the County that is equal to the difference between the Net FILOT Payment and the FILOT Payment of that given year (excluding any FILOT Payments due under Section 4.1(d) or Section 4.2(d) hereof, which shall also be due). Any payment made under the foregoing sentence shall be due at the time the corresponding FILOT Payment is due, shall be treated as a FILOT Payment under this Fee Agreement and shall be subject to statutory interest if not paid when due pursuant to Section , Code of Laws of South Carolina 1976, as amended, as allowed under the FILOT Act v1 42

55 (d) In the event (i) the Sponsor willfully terminates this Fee Agreement for any reason except in the event of a Force Majeure as defined in section 5.10 herein, (ii) the County terminates this Fee Agreement due to a default hereunder by the Sponsor, subject to cure rights, or (iii) the Sponsor fails to make the Project Commitment by the end of the Investment Period, then, upon demand by the County in writing, the Sponsor shall pay to the County the difference between the total FILOT Payments actually paid during the term of the Fee Agreement and the amount which would have been due had the property been subject to FILOT Payments determined under Section 4.2 (Steps 1-3 only) less a special source revenue credit of sixty-five percent (65%) for each year in which a FILOT Payment was to be made with statutory interest on such amount calculated pursuant to Section of the Code of Laws of South Carolina 1976, as amended. Payments made under Section 4.1(e) of this Fee Agreement shall be considered as having been made for purposes of applying this Section 4.1(d), whether that results in a positive or negative increase to the payment due under this Section 4.1(d). (e) The Sponsor shall make Net FILOT Payments for each year in which a Power Purchase Agreement is in place. The Sponsor recognizes that the County offered the incentives described herein in reliance on the understanding that the initial Power Purchase Agreement applicable to the Project has a term of no less than 15 years. In the event of a termination of this Fee Agreement during the term of an applicable Power Purchase Agreement, the Sponsor shall be responsible for the remainder of such payments, which shall be due and payable within ninety (90) days of termination of this Fee Agreement. Section 4.2. Negotiated FILOT Payments. (a) Pursuant to Section of the Act, the Sponsor is required to make payments in lieu of ad valorem taxes to the County with respect to the Project. Inasmuch as the Sponsor anticipates the Project will involve an initial investment of sufficient sums to qualify to enter into a fee in lieu of tax arrangement under Section (A)(1) of the Act, the County and the Sponsor have negotiated the amount of the payments in lieu of taxes in accordance therewith. In accordance therewith, the Sponsor shall make payments in lieu of ad valorem taxes on all the Equipment, Structures and Real Property which collectively comprise the Project and are placed in service, as follows: the Sponsor shall make payments in lieu of ad valorem taxes with respect to each Phase of the Project placed in service on or before each December 31 through December 31, 2023, said payments to be made annually and to be due and payable and subject to penalty assessments on the same dates and in the same manner as prescribed by the County for ad valorem taxes, less the Special Source Revenue Credit. The amount of such equal annual payments in lieu of taxes shall be determined by the following procedure (subject, in any event, to the required procedures under the Act and to Section 4.4 hereof): Step 1: draft Determine the fair market value of the improvements to the Real Property and Equipment in the Phase of the Project placed in service in any given year for such year and for the following 29 years using the original income tax basis for State income tax purposes less depreciation for each year allowable to the Sponsor for any Equipment as determined in accordance with Title 12 of the Code, as amended and in effect on December 31 of the year in which each Phase becomes subject to the Fee Agreement, except that no extraordinary obsolescence shall be allowable but taking into account all applicable property tax exemptions which would be allowed to the Sponsor under State law, if the property were taxable, except those exemptions specifically disallowed under Section (A)(2) of the Act, as amended and in effect on December 31 of the year in which each Phase becomes subject to the Fee Agreement. The County and Sponsor also agree pursuant to Section (A)(1) of the Act that the value of the Real Property included in any Phase of the Project shall be its fair market value as determined by appraisal but the fair market value of the Real Property shall be subject to reappraisal by the South Carolina Department of Revenue not more than once every five (5) years v1 43

56 Step 2: Step 3: Apply an assessment ratio of 6% to the fair market value as determined for each year in Step 1 to establish the taxable value of each Phase of the Project in the year it is placed in service and in each of the twenty-nine (29) years thereafter or such longer period of years that the annual fee payment is permitted to be made by the Sponsor under the Act, as amended. Use the millage rate in effect on June 30, 2018, which the parties believe to be mils, to determine the amount of the payments in lieu of taxes which would be due in each year of the Fee Term on the payment dates prescribed by the County for such payments or such longer period of years that the annual fee payment is permitted to be made by the Sponsor under the Act, as amended. Step 4: Increase or decrease the calculated amounts determined in the previous Steps as described in Section 4.1 herein. The increase or decrease under Section 4.1 shall be shown on the bill sent by the County to the Sponsor, or paid by a check from the County Treasurer. In the event that it is determined by a final order of a court of competent jurisdiction or by agreement of the parties that the payment in lieu of taxes applicable to this transaction is to be calculated differently than described above, the payment shall be reset at the permitted level so determined. In the event that the Act and/or the above-described payments in lieu of taxes are declared invalid or unenforceable, in whole or in part, for any reason, the parties express their intentions that such payments and this Fee Agreement be reformed so as to most closely effectuate the legal, valid, and enforceable intent thereof and so as to afford the Sponsor with the benefits to be derived hereof, it being the intention of the County to offer the Sponsor an inducement to locate the Project in the County. If the Project is deemed to be subject to ad valorem taxation, the payment in lieu of ad valorem taxes to be paid to the County by the Sponsor shall become equal to the amount which would result from taxes levied on the Project by the County, municipality or municipalities, school district or school districts, and other political units as if the Project was not and had not been Economic Development Property under the Act. In such event, any amount determined to be due and owing to the County from the Sponsor with respect to a year or years for which payments in lieu of ad valorem taxes have been previously remitted by the Sponsor to the County hereunder, shall be reduced by the total amount of payments in lieu of ad valorem taxes made by the Sponsor with respect to the Project pursuant to the terms hereof. draft (b) The Sponsor agrees to waive the benefits of any future legislative enactment that reduces property taxes available to solar farm property. If Sponsor claims any such benefits in addition to the benefits provided in this Fee Agreement, such action shall constitute an early termination of this Fee Agreement by Sponsor. (c) In the event the Sponsor has not invested at least $2,500, by the end of the Investment Period, the Sponsor shall owe the County retroactively the difference between ad valorem property taxes on the Real Property and the Equipment subject to payments in lieu of taxes under this Fee Agreement computed as if this Fee Agreement had not been in effect for such retroactive period and the payments in lieu of taxes required to be made under this Fee Agreement for that retroactive period, taking into account exemptions and/or abatements from property taxes that would have been available to the Sponsor, including but not limited to any exemption and/or abatement provided pursuant to Section (A)(7) of the Code (hereinafter Retroactive Tax Payment ). Section 4.3. Payments in Lieu of Taxes on Replacement Property. If the Sponsor elects to replace any Removed Components (as defined below) and to substitute such Removed Components with Replacement Property as a part of the Project, then, pursuant and subject to Section of the Act, the Sponsor shall make statutory payments in lieu of ad valorem taxes with regard to such Replacement Property as follows (subject in all events to the applicable provisions of the Act): v1 9 44

57 (a) to the extent that the income tax basis of the Replacement Property (the Replacement Value ) is less than or equal to the original income tax basis of the Removed Components (the Original Value ) the amount of the payments in lieu of taxes to be made by the Sponsor with respect to such Replacement Property shall be calculated in accordance with Section 4.2 hereof; provided, however, in making such calculations, the original cost to be used in Step 1 of Section 4.2 shall be equal to the lesser of (x) the Replacement Value and (y) the Original Value, and the number of annual payments to be made with respect to the Replacement Property shall be equal to thirty (30) (or, if greater, the maximum number of years for which the annual fee payments are available to the Sponsor for each portion of the Project under the Act, as amended) minus the number of annual payments which have been made with respect to the oldest Removed Components disposed of in the same property tax year as the Replacement Property is placed in service; and (b) to the extent that the Replacement Value exceeds the Original Value of the Removed Components (the Excess Value ), the payments in lieu of taxes to be made by the Sponsor with respect to the Excess Value shall be equal to the payment that would be due if the property were not Economic Development Property. Section 4.4. Reductions in Payments in Lieu of Taxes Upon Removal, Condemnation or Casualty. In the event of a Diminution in Value of any Phase of the Project, the payment in lieu of taxes with regard to that Phase of the Project shall be reduced in the same proportion as the amount of such Diminution in Value bears to the original fair market value of that Phase of the Project as determined pursuant to Step 1 of Section 4.2 hereof. Section 4.5. Place and Allocation of Payments in Lieu of Taxes. The Sponsor shall make the above-described payments in lieu of taxes directly to the County in accordance with applicable law. Section 4.6. Removal of Equipment. The Sponsor shall be entitled to remove the following types of components or Phases of the Project from the Project with the result that said components or Phases (the Removed Components ) shall no longer be considered a part of the Project and shall no longer be subject to the terms of this Fee Agreement: (a) components or Phases which become subject to statutory payments in lieu of ad valorem taxes; (b) components or Phases of the Project or portions thereof which the Sponsor, in its sole discretion, determines to be inadequate, obsolete, uneconomic, worn-out, damaged, unsuitable, undesirable or unnecessary; or (c) components or Phases of the Project or portions thereof which the Sponsor, in its sole discretion, elect to remove pursuant to Section 4.7(c) or Section 4.8(b)(iii) hereof. Section 4.7. Damage or Destruction of Project. draft (a) Election to Terminate. Subject to Section 4.1(d) hereof, in the event the Project is damaged by fire, explosion, or any other casualty, the Sponsor shall be entitled to terminate this Fee Agreement; provided, however, that (i) if there has been only partial damage of the Project due to any of such casualties and the Sponsor elects to terminate this Fee Agreement, and (ii) the Sponsor has not invested at least $2,500, in the Project at the time of such termination, the Sponsor shall owe the County the Retroactive Tax Payment, but to the extent permitted by law if the Sponsor has invested at least $2,500, in the Project within the time period required under the Act, it shall owe no Retroactive Tax Payment. (b) Election to Rebuild. In the event the Project is damaged by fire, explosion, or any other casualty, and if the Sponsor does not elect to terminate this Fee Agreement, the Sponsor may in their sole discretion commence to restore the Project with such reductions or enlargements in the scope of the Project, changes, alterations and modifications (including the substitution and addition of other property) v

58 as may be desired by the Sponsor. All such restorations and replacements shall be considered, to the extent permitted by law, substitutions of the destroyed portions of the Project and shall be considered part of the Project for all purposes hereof, including, but not limited to any amounts due by the Sponsor to the County under Section 4.2 hereof. (c) Election to Remove. In the event the Sponsor elects not to terminate this Fee Agreement pursuant to subsection (a) and elect not to rebuild pursuant to subsection (b), the damaged portions of the Project shall be treated as Removed Components. Section 4.8. Condemnation. (a) Complete Taking. If at any time during the Fee Term title to or temporary use of the entire Project should become vested in a public or quasi-public authority by virtue of the exercise of a taking by condemnation, inverse condemnation or the right of eminent domain, or by voluntary transfer under threat of such taking, or in the event that title to a portion of the Project shall be taken rendering continued occupancy of the Project commercially infeasible in the judgment of the Sponsor, the Sponsor shall have the option to terminate this Fee Agreement as of the time of vesting of title by sending written notice to the County within a reasonable period of time following such vesting. (b) Partial Taking. In the event of a partial taking of a significant portion of the Project or transfer in lieu thereof, the Sponsor may elect: (i) to terminate this Fee Agreement; provided, however, that if the Sponsor has not invested at least $2,500, in the Project at the time of such termination, the Sponsor shall owe the County the Retroactive Tax Payment, but to the extent permitted by law if the Sponsor has invested at least $2,500, in the Project within the time period required under the Act, it shall owe no Retroactive Tax Payment; (ii) to repair and restore the Project, with such reductions or enlargements in the scope of the Project, changes, alterations and modifications (including the substitution and addition of other property) as may be desired by the Sponsor; or (iii) to treat the portions of the Project so taken as Removed Components. draft Section 4.9. Merger of Sponsor with Related Party. The County agrees that, without again obtaining the approval of the County (to the extent permitted by the Act), the Sponsor may merge with or be acquired by a related party so long as the surviving company has an equal or greater net asset value of the Sponsor. Section Indemnification Covenants. (a) The Sponsor shall and agrees to indemnify and save the County, its agents, officers, or employees harmless against and from all claims by or on behalf of any person, firm or corporation arising from the conduct or management of, or from any work or thing done on, the Project during the Fee Term, and the Sponsor further, shall indemnify and save the County harmless against and from all claims arising during the term of the Fee Agreement from (i) any condition of the Project, (ii) any breach or default on the part of the Sponsor in the performance of any of its obligations under this Fee Agreement, (iii) any act of negligence of the Sponsor or any of its agents, servants, or employees on or with respect to the Project, (iv) any act of negligence of any assignee or sublessee of the Sponsor with respect to the Project, or of any agents, servants, or employees of any assignee or sublessee of the Sponsor with respect to the Project, or (v) any environmental violation, condition, or effect with respect to the Project. The Sponsor shall indemnify and save the County, its agents, officers, or employees harmless from and against all costs and expenses incurred in or in connection with any such claim arising as aforesaid in connection with the Project or in connection with any action or proceeding brought thereon, and upon notice from the County, the Sponsor shall defend them or either of them in any such action, prosecution or proceeding v1 46

59 (b) Notwithstanding the fact that it is the intention of the parties that the County, its agents, officers, or employees, shall not incur pecuniary liability by reason of the terms of this Fee Agreement, or the undertakings required of the County hereunder, or by reason of the performance of any act requested of it by the Sponsor, including all claims, liabilities or losses arising in connection with the violation of any statutes or regulations pertaining to the foregoing, nevertheless, if the County, its agents, officers or employers should incur any such pecuniary liability, then in such event the Sponsor shall indemnify and hold them harmless against all claims by or on behalf of any person, firm or corporation, arising out of the same, and all costs and expenses incurred in connection with any such claim or in connection with any action or proceeding brought thereon, and upon notice, the Sponsor shall defend them in any such action or proceeding. These indemnification covenants shall be considered included in and incorporated by reference in subsequent documents after the closing which the County is requested to sign, and any other indemnification covenants in any subsequent documents shall not be construed to reduce or limit the above indemnification covenants. Section Confidentiality/Limitation on Access to Project. The County acknowledges and understands that the Sponsor utilizes confidential and proprietary state-of-the-art trade equipment and techniques and that a disclosure of any information relating to such equipment or techniques, including but not limited to disclosures of financial or other information concerning the Sponsor s operations would result in substantial harm to the Sponsor and could thereby have a significant detrimental impact on the Sponsor s employees and also upon the County. Therefore, subject to the provisions of Section 4.12 hereof, the County agrees that, except as required by law and pursuant to the County s police powers and except as deemed reasonably necessary by the County in the performance of its duties as tax assessor and collector, and/or its duties as Auditor, neither the County nor any employee, agent or contractor of the County: (i) shall request or be entitled to receive any such confidential or proprietary information; (ii) shall disclose or otherwise divulge any such confidential or proprietary information to any other person, firm, governmental body or agency, or any other entity unless specifically required to do so by State law. Prior to disclosing any confidential or proprietary information or allowing inspections of the Project or any property associated therewith, the Sponsor may require the execution of reasonable, individual, confidentiality and non-disclosure agreements by any officers, employees or agents of the County or any supporting or cooperating governmental agencies who would gather, receive or review such information or conduct or review the results of any inspections. draft Section Records and Reports. The Sponsor agrees to maintain or cause to be maintained and will make available to the County for inspection upon request of the County such books and records with respect to the Project as will permit the identification of the Equipment placed in service in each property tax year during the Investment Period, the amount of investment with respect thereto, and its computations of all payments in lieu of taxes made hereunder and to comply with all reporting requirements of the State of South Carolina and the County applicable to property subject to payments in lieu of taxes under the Act, including without limitation the reports required by Section of the Act (collectively, Filings ). Notwithstanding any other provision of this Section 4.12, the Sponsor may designate with respect to any Filings delivered to the County segments thereof that the Sponsor believes contain proprietary, confidential, or trade secret matters. The County shall conform, to the extent permitted by law, with all reasonable, written requests made by the Sponsor with respect to maintaining confidentiality of such designated segments. The Sponsor shall make all required annual property tax/filot filings on the required PT-300 (or successor) form with the South Carolina Department of Revenue and shall cause copies of all such filings v1 47

60 to be made with the County Auditor, Assessor, and Treasurer as required by Section of the Act. Such filings shall be made on or before the due date for filing with the South Carolina Department of Revenue. Section Payment of Administrative Expenses. The Sponsor will reimburse the County from time to time for its Administrative Expenses promptly upon written request therefor, but in no event later than 60 days after receiving written notice from the County specifying the nature of such expense and requesting the payment of the same. Section Collection and Enforcement Rights of County. The parties acknowledge that the County s right to receive all payments hereunder shall be the same as its rights conferred under Title 12 of the Code relating to the collection and enforcement of ad valorem property taxes and, for purposes of this application, all payments due hereunder shall be considered a property tax. Prior to the due date of the first FILOT Payment hereunder, the Sponsor shall provide an irrevocable surety or performance bond or irrevocable letter of credit to secure the performance of its obligations hereunder, including but not limited to any payment obligations that may arise pursuant to Sections 4.1(d), 4.1(e), and Coverage under such surety or performance bond or irrevocable letter of credit shall be in at least the amounts set forth in Exhibit B. The surety or performance bond or irrevocable letter of credit shall be for the benefit of the County, and the issuer as well as the form and substance thereof must be agreeable to the County, as determined by the County Administrator, provided that consent may not be unreasonably withheld, conditioned, or delayed. Section Assignment and Subletting. This Fee Agreement may be assigned, in whole or in part and the Project may be subleased as a whole or in part by the Sponsor so long as such assignment or sublease is made in compliance with Section of the Act; provided, however, that in connection with any assignment or total subleasing by the Sponsor in which the Sponsor requests the release of the Sponsor from this Fee Agreement, the consent of the County shall be required, which consent shall not be unreasonably withheld. The County hereby consents to transfers not requiring its consent, and to the extent any required or further consent is requested, the County may do so by passage of a Resolution. draft Section County s Estoppel Certificates for Sponsor s Financing Transactions. The County agrees to deliver, and hereby authorizes the County Administrator to execute and deliver on behalf of the County without further action required on the part of the County Council, all at the expense of the Sponsor, respectively, any estoppel certificates, acknowledgements or other documents certifying the full force and effect of this Fee Agreement and the absence of any default hereunder and acknowledging the continuing validity of this Fee Agreement after its transfer required in any financing related transfers authorized by Section of the Act, as may be reasonably requested by the Sponsor or any lender of the Sponsor from time to time in connection with any financing arrangement or financing related transfers made by the Sponsor as contemplated under Section of the Act. Section Sponsor s Continuing Obligations After Termination by Sponsor. In the event the Sponsor terminates this Fee Agreement, the Sponsor shall continue to be obligated to the County for its indemnification covenants under Section 4.10, the payment of outstanding Administrative Expenses under Section 4.13, and any outstanding payments in lieu of taxes under Article IV or retroactive payments required under this Fee Agreement or the Act, and all other payments due hereunder. Section Events of Default. The following shall be Events of Default under this Fee Agreement, and the term Events of Default shall mean, whenever used with reference to this Fee Agreement, any one or more of the following occurrences: v1 48

61 (a) Failure by the Sponsor to make, upon levy, the payments in lieu of taxes described in Section 4.2 hereof; provided, however, that the Sponsor shall be entitled to all redemption rights granted by applicable statutes; or (b) Failure by the Sponsor to perform any of the other material terms, conditions, obligations or covenants of the Sponsor hereunder, which failure shall continue for a period of sixty (60) days after written notice from the County to the Sponsor specifying such failure and requesting that it be remedied, unless the County shall agree in writing to an extension of such time prior to its expiration. Section Remedies on Default. Whenever any Event of Default shall have occurred and shall be continuing, the County, after having given written notice to the Sponsor of such default and after the expiration of a thirty (30) day cure period the County shall grant to the Sponsor (which cure period shall not be applicable in the case of failure to make the payments in lieu of taxes due under this Fee Agreement), may take any one or more of the following remedial actions: draft (a) Terminate the Fee Agreement; or (b) Take whatever action at law or in equity may appear necessary or desirable to collect the other amounts due and thereafter to become due or to enforce performance and observance of any obligation, agreement or covenant of the Sponsor under this Fee Agreement; or (c) In the event of an Event of Default hereunder, if the Sponsor has not caused all solar panels on the Land to be removed within one hundred eighty (180) days, the County and its authorized employees, agents, and third party contractors shall have the right to enter upon the Land to engage in a removal of all remaining solar panels from the Land. Section Remedies Not Exclusive. No remedy conferred upon or reserved to the County under this Fee Agreement is intended to be exclusive of any other available remedy or remedies, but each and every remedy shall be cumulative and shall be in addition to every other lawful remedy now or hereafter existing. No delay or omission to exercise any right or power accruing upon any continuing default hereunder shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the County to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be herein expressly required and such notice required at law or equity which the Sponsor is not competent to waive. Section Decommission Costs. Within six months of the first date upon which the Project produces electricity, Sponsor shall procure and deliver to the County a surety or performance bond or irrevocable letter of credit in the amount of $50,000 or 125% of the estimated decommission costs associated with the Project, whichever is greater. The estimated decommissioning costs shall be determined by an engineer licensed to practice in South Carolina. ARTICLE V MISCELLANEOUS Section 5.1. Notices. Any notice, election, demand, request or other communication to be provided under this Fee Agreement shall be effective when delivered to the party named below or when deposited with the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed as follows (or addressed to such other address as any party shall have previously furnished in writing to the other party), except where the terms hereof require receipt rather than sending of any notice, in which case such provision shall control: v1 49

62 AS TO THE COUNTY: Florence County, South Carolina Attn: County Administrator 180 N. Irby St. Florence, SC (843) WITH COPIES TO: William R. Johnson Haynsworth Sinkler Boyd, P.A Main Street, Suite 2200 Columbia, SC FAX: (803) AS TO THE SPONSOR: WITH COPIES TO: [ ] Solar, LLC c/o Southern Current, LLC 1634 Ashley River Road Charleston, South Carolina ATTENTION: Greg S. K. Ness, General Counsel (843) W. Ford Graham K&L Gates LLP 134 Meeting Street, Suite 500 Charleston, South Carolina (843) Section 5.2. Binding Effect. This Fee Agreement and each document contemplated hereby or related hereto shall be binding upon and inure to the benefit of the Sponsor and the County and their respective successors and assigns. In the event of the dissolution of the County or the consolidation of any party of the County with any other political subdivision or the transfer of any rights of the County to any other such political subdivision, all of the covenants, stipulations, promises and agreements of this Fee Agreement shall bind and inure to the benefit of the successors of the County from time to time and any entity, officer, board, commission, agency or instrumentality to whom or to which any power or duty of the County has been transferred. draft Section 5.3. Counterparts. This Fee Agreement may be executed in any number of counterparts, and all of the counterparts taken together shall be deemed to constitute one and the same instrument. Section 5.4. Governing Law. This Fee Agreement and all documents executed in connection herewith shall be construed in accordance with and governed by the laws of the State of South Carolina. Section 5.5. Headings. The headings of the articles and sections of this Fee Agreement are inserted for convenience only and shall not be deemed to constitute a part of this Fee Agreement. Section 5.6. Amendments. The provisions of this Fee Agreement may only be modified or amended in writing by an agreement or agreements entered into between the parties. Section 5.7. Further Assurance. From time to time the County agrees to execute and deliver to the Sponsor such additional instruments as the Sponsor may reasonably request to effectuate the purposes of this Fee Agreement v1 50

63 Section 5.8. Severability. If any provision of this Fee Agreement is declared illegal, invalid or unenforceable for any reason, the remaining provisions hereof shall be unimpaired and such illegal, invalid or unenforceable provision shall be reformed so as to most closely effectuate the legal, valid and enforceable intent thereof and so as to afford the Sponsor with the maximum benefits to be derived herefrom, it being the intention of the County to offer the Sponsor the strongest inducement possible to locate the Project in the County. Section 5.9. Limited Obligation. ANY OBLIGATION OF THE COUNTY CREATED BY OR ARISING OUT OF THIS FEE AGREEMENT SHALL BE A LIMITED OBLIGATION OF THE COUNTY, PAYABLE BY THE COUNTY SOLELY FROM THE PROCEEDS DERIVED UNDER THIS FEE AGREEMENT AND SHALL NOT UNDER ANY CIRCUMSTANCES BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION OF THE COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY LIMITATION. Section Force Majeure. Except for payments in lieu of taxes under this Fee Agreement the due dates of which are statutorily mandated, the Sponsor shall not be responsible for any delays or nonperformance caused in whole or in part, directly or indirectly, by strikes, accidents, freight embargoes, fire, floods, inability to obtain materials, conditions arising from government orders, war or national emergency, or acts of God (each a Force Majeure ). Section Execution Disclaimer. Notwithstanding any other provisions, the County is executing this Fee Agreement as a statutory accommodation to assist the Sponsor in achieving the intended benefits and purposes of the Act. The County has made no independent legal or factual investigation regarding the particulars of this transaction and it executes this Fee Agreement in reliance upon representations by the Sponsor that this document complies with all laws and regulations, particularly those pertinent to industrial development projects in South Carolina. (Remainder of Page Intentionally Left Blank) draft v1 51

64 IN WITNESS WHEREOF, the County, acting by and through the County Council, has caused this Fee Agreement to be executed in its name and behalf by its Chairman and to be attested by the Clerk to Council; and the Sponsor has caused this Fee Agreement to be executed by its duly authorized officer, all as of the day and year first above written. FLORENCE COUNTY, SOUTH CAROLINA ATTEST: By: Connie Y. Haselden Clerk to County Council Florence County, South Carolina By: Kent C. Caudle Chairman of County Council Florence County, South Carolina SPONSOR: [ ] Solar, LLC By: Paul Fleury Its: Manager draft v1 52

65 Exhibit A Description of Real Estate A portion of that certain piece, parcel, or tract of land, with all improvements thereon, situate lying or being in the County of Florence, State of South Carolina, bearing Tax Map Number: [ ] draft v1 53

66 Exhibit B Minimum Coverage Amounts Coverage under the irrevocable surety or performance bond or irrevocable letter of credit issued pursuant to Section 4.14 shall be in the following minimum amounts. Should a payment obligation under Section 4.1(d), 4.1(e) or 4.19 arise in the following year (with Year 1 meaning the first year in which a The minimum coverage for such FILOT Payment is due hereunder): year is: 1 $11,216 2 $21,494 3 $30,835 4 $39,238 5 $46,703 6 $53,231 7 $58,821 8 $63,473 9 $67, $69, $71, $72, $72, $71, $69, $66, $63, $58, $53, $48, $44, $39, $34, $30, $25, $20, $15, $11,176 draft v v1 54

67 Sponsor(s) : County Council Introduction : November 16, 2017 I,, Committee Referral : N/A Council Clerk, certify that the Committee Consideration Date : N/A ad for a Public Hearing on this Committee Recommendation : N/A Ordinance ran on:. Public Hearing : December 14, 2017 Second Reading : December 14, 2017 Third Reading : June 21, 2018 Effective Date : Immediately ORDINANCE NO /18 COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT FOR FLORENCE COUNTY [AUTHORIZING PURSUANT TO TITLE 12, CHAPTER 44 OF THE CODE OF LAWS OF SOUTH CAROLINA anddraft 1976, AS AMENDED, THE EXECUTION AND DELIVERY OF FEE-IN-LIEU OF AD VALOREM TAXES AGREEMENTS BY AND BETWEEN FLORENCE COUNTY, SOUTH CAROLINA AND CERTAIN COMPANIES AS SPONSOR AND SPONSOR AFFILIATE, RESPECTIVELY, IDENTIFIED COLLECTIVELY FOR THE TIME BEING AS PROJECT FIG, TO PROVIDE FOR FEE-IN-LIEU OF AD VALOREM TAXES INCENTIVES AND CERTAIN SPECIAL SOURCE REVENUE CREDITS; AND OTHER RELATED MATTERS.] WHEREAS: 1. Florence County, South Carolina, a political subdivision of the State of South Carolina (the "County"), acting by and through its County Council (the "County Council"), is authorized and empowered under and pursuant to the provisions of Title 12, Chapter 44, Code of Laws of South Carolina 1976, as amended (the "Act") (i) to enter into agreements with qualifying industry to encourage investment and projects constituting economic development property to which the industrial development of the State of South Carolina will be promoted by inducing new and existing manufacturing and commercial enterprises to locate and remain in the State and thus utilize and employ manpower and other resources of the State; and (ii) to covenant with such industry to accept certain payments in lieu of ad valorem taxes ("FILOT") with respect to such investment; and 2. A company identified under the code name of Project Fig (the Sponsor ), informed the County in 2017 that it intended to install solar power facilities on land in Florence County, South Carolina, owned by various landlords (each, a Sponsor Affiliate ), which would result in the creation of jobs and other economic benefits to the County (each a Project and collectively, Project Fig ), provided that the Sponsor, the applicable Sponsor Affiliate and the County reached an agreement on a FILOT package for each Project; and 3. The County adopted an Inducement Resolution on November 16, 2017, and has determined, pursuant to the Act, to finalize with the Sponsor and each Sponsor Affiliate the FILOT incentive package for each Project according to the terms and conditions of the fee agreements referred to below; 55

68 4. The Sponsor has assured the County that the following minimum investments in qualifying expenditures will be invested in each Project on or before December 31, : An investment of not less than $2,520,000 ( Project Bani ) An investment of not less than $2,520,000 ( Project Bass ) An investment of not less than $2,520,000 ( Project Blacktip ) An investment of not less than $2,520,000 ( Project Goldenrod ) An investment of not less than $2,520,000 ( Project McCormick ) An investment of not less than $2,520,000 ( Project Rutledge ) An investment of not less than $2,520,000 ( Project Sapphire ) An investment of not less than $2,520,000 ( Project South ) An investment of not less than $2,520,000 ( Project Willis ); NOW, THEREFORE, BE IT RESOLVED, by the County Council, as follows: Section 1. The County Council, having made a finding that each Project brings benefits to the County as set forth in Section 3 of this Ordinance, expresses its intention that this Ordinance shall fulfill the requirement under the Act as an official action on the part of the County Council relating to identifying and inducing each Project. Section 2. The Chairman of the County Council is hereby authorized and directed to execute the Fee Agreements in substantially the form attached hereto as Exhibit A, together with such changes as are not materially adverse to the County with the approval of the County Administrator, in the name of and on behalf of the County, the Clerk of the County Council is hereby authorized and directed to attest to the same; and the County Administrator is hereby authorized and directed to deliver said executed Fee Agreements to the Company. draft Section 3. The County hereby finds (i) each Project will benefit the general public welfare of the County by providing service, employment, recreation or other public benefits not otherwise provided locally; (ii) each project gives rise to no pecuniary liability of the County or incorporated municipality or to no charge against its general credit or taxing power; (iii) the purposes to be accomplished by each Project are proper governmental and public purposes; and (iv) the benefits of each Project to the public are greater than the costs to the public. Section 4. All ordinances, resolutions and parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed. ATTEST: Connie Y. Haselden, Council Clerk Approved as to Form and Content D. Malloy McEachin, Jr., County Attorney SIGNED: Kent C. Caudle, Chairman COUNCIL VOTE: OPPOSED: ABSENT: ABSENT: 56

69 FLORENCE COUNTY COUNCIL MEETING Thursday, June 21, 2018 AGENDA ITEM: Ordinance No /18 Third Reading DEPARTMENT: Planning and Building Inspections ISSUE UNDER CONSIDERATION: [An Ordinance To Rezone Property Owned By Florence County Located On W. Main St., Timmonsville, SC, As Shown On Florence County Tax Map No , Block 01, Portions Of Parcels 001 And 002; Consisting Of Approx Acres From Single Family Residential District (R-3) To General Commercial District (B-4); And Other Matters Related Thereto.] (Planning Commission approved 7 to 0; Council District 4) POINTS TO CONSIDER: 1. The subject property is currently zoned Single Family Residential District (R-3) and General Commercial District (B-4). 2. Surrounding land uses consist of Commercial Business and Residential. OPTIONS: 1. (Recommended) Approve As Presented. 2. Provide An Alternate Directive. ATTACHMENTS: 1. Ordinance No /18 2. Staff report for PC# Zoning Map 4. Aerial Map 57

70 Sponsor(s) : Planning Commission Consideration : Planning Commission Public Hearing : Planning Commission Action : First Reading/Introduction : Committee Referral : County Council Public Hearing : Second Reading : Third Reading : Effective Date : Planning Commission March 27, 2018 March 27, 2018 March 27, 2018 [Approved 7-0] April 19, 2018 N/A N/A May 17, 2018 June 21, 2018 Immediately I,, Council Clerk, certify that this Ordinance was advertised for Public Hearing on. ORDINANCE NO /18 COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT FOR FLORENCE COUNTY [An Ordinance To Rezone Property Owned By Florence County Located On W. Main St., Timmonsville, SC, As Shown On Florence County Tax Map No , Block 01, Portions Of Parcels 001 And 002; Consisting Of Approx Acres From Single Family Residential District (R-3) To General Commercial District (B-4); And Other Matters Related Thereto.] WHEREAS: 1. The Florence County Council must be satisfied that this Zoning Atlas amendment will not be injurious from a public health, safety and general welfare outlook and the effect of the change will not negatively impact the immediate environs or the County in general; and 2. The amendment procedure established in the Florence County Code, Chapter 30-Zoning Ordinance has been followed by the Florence County Planning Commission at a public hearing on March 27, NOW THEREFORE BE IT ORDAINED BY THE FLORENCE COUNTY COUNCIL DULY ASSEMBLED THAT: 1. Property located on W. Main St., Timmonsville, SC, bearing Tax Map No , Block 01, Portions of Parcels 001 and 002 is hereby rezoned to General Commercial District (B-4). 2. Provisions in other Florence County ordinances in conflict with this Ordinance are hereby repealed. 3. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application and to this end, the provisions of this Ordinance are severable. ATTEST: SIGNED: Connie Y. Haselden, Council Clerk Kent C. Caudle, Chairman COUNCIL VOTE: OPPOSED: Approved as to Form and Content ABSENT: D. Malloy McEachin, Attorneydraft Jr., County 58

71 STAFF REPORT TO THE FLORENCE COUNTY PLANNING COMMISSION TUESDAY, MARCH 27, 2018 PC# SUBJECT: LOCATION: Rezoning request from Single Family Residential District (R-3) to General Commercial District (B-4) W. Main St., Timmonsville, SC TAX MAP NUMBER: , Block 01, Portions of Parcels 001 and 002 COUNCIL DISTRICT(S): OWNER OF RECORD: APPLICANT: LAND AREA: WATER /SEWER AVAILABILITY: ADJACENT WATERWAYS/ BODIES OF WATER FLOOD ZONE: 4; County Council Florence County Florence County 1.48 Acres City of Florence None No STAFF RECOMMENDATION: Staff recommends approval of the request. STAFF ANALYSIS: 1. Existing Land Use and Zoning: The subject property is currently vacant and split zoned Single Family Residential District (R-3) and General Commercial District (B-4). 2. Proposed Land Use and Zoning: The proposal is to rezone the Single Family Residential District (R-3) portions of the parcels to mirror the remainder of the parcels which is General Commercial District (B-4). 3. Surrounding Land Use and Zoning: North: Commercial/B-4/Town of Timmonsville South: Single Family Residential/R-3/Town of Timmonsville West: Commercial and Single Family Residential/B-4 and R-3/Town of Timmonsville East: Single and Multi-Family Residential/R-3/Town of Timmonsville 59

72 4. Transportation Access and Circulation: Present access to the property is by way of W. Main St., Orange St., W. Market St., and S. Keith St. 5. Traffic Review: The rezoning of this property will have a minimal effect on traffic flow for the area. 6. Chapter 30-Zoning Ordinance The intent of the General Commercial District: The intent of this district is to promote the concentration and vitality of commercial and business uses in the downtown area. This district is characterized by wall-to-wall or lot line to lot line development, sidewalks, and public parking lots. FLORENCE COUNTY PLANNING COMMISSION ACTION MARCH 27, 2018: Seven Planning Commission members voted 7 to 0 to approve the zoning amendment request. FLORENCE COUNTY PLANNING COMMISSION RECOMMENDATION: Florence County Planning Commission recommends approval of the request to the Florence County Council to amend the Single Family Residential District (R-3) zoned portions of the referenced parcels located on W. Main St., Timmonsville, SC to General Commercial District (B-4). 60

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75 FLORENCE COUNTY COUNCIL MEETING Thursday, June 21, 2018 AGENDA ITEM: Ordinance No /18 Third Reading DEPARTMENT: Planning and Building Inspections ISSUE UNDER CONSIDERATION: [An Ordinance To Rezone Property Owned By Jeffery A. Weekfall Located On 304 E. Fifth Ave., Pamplico, SC, As Shown On Florence County Tax Map No , Block 10, Parcel 016; Consisting Of Approx Acres From Multi-Family Residential District (R- 5) To Rural Community District (RU-1); And Other Matters Related Thereto.] (Planning Commission approved 7 to 0; Council District 2) POINTS TO CONSIDER: 1. The subject property is currently zoned Multi-Family Residential District (R-5). 2. Surrounding land uses consist of Residential and Vacant Land. OPTIONS: 1. (Recommended) Approve As Presented. 2. Provide An Alternate Directive. ATTACHMENTS: 1. Ordinance No /18 2. Staff report for PC# Zoning Map 4. Aerial Map 63

76 Sponsor(s) : Planning Commission Consideration : Planning Commission Public Hearing : Planning Commission Action : First Reading/Introduction : Committee Referral : County Council Public Hearing : Second Reading : Third Reading : Effective Date : Planning Commission March 27, 2018 March 27, 2018 March 27, 2018 [Approved 7-0] April 19, 2018 N/A N/A May 17, 2018 June 21, 2018 Immediately I,, Council Clerk, certify that this Ordinance was advertised for Public Hearing on. ORDINANCE NO /18 COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT FOR FLORENCE COUNTY [An Ordinance To Rezone Property Owned By Jeffery A. Weekfall Located On 304 E. Fifth Ave., Pamplico, SC, As Shown On Florence County Tax Map No , Block 10, Parcel 016; Consisting Of Approx Acres From Multi-Family Residential District (R- 5) To Rural Community District (RU-1); And Other Matters Related Thereto.] WHEREAS: 1. The Florence County Council must be satisfied that this Zoning Atlas amendment will not be injurious from a public health, safety and general welfare outlook and the effect of the change will not negatively impact the immediate environs or the County in general; and 2. The amendment procedure established in the Florence County Code, Chapter 30-Zoning Ordinance has been followed by the Florence County Planning Commission at a public hearing on March 27, NOW THEREFORE BE IT ORDAINED BY THE FLORENCE COUNTY COUNCIL DULY ASSEMBLED THAT: 1. Property located on 304 E. Fifth Ave., Pamplico, SC, bearing Tax Map No , Block 10, Parcel 016 is hereby rezoned to Rural Community District (RU-1). draft 2. Provisions in other Florence County ordinances in conflict with this Ordinance are hereby repealed. 3. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application and to this end, the provisions of this Ordinance are severable. ATTEST: SIGNED: Connie Y. Haselden, Council Clerk Approved as to Form and Content D. Malloy McEachin, Jr., County Attorney Kent C. Caudle, Chairman COUNCIL VOTE: OPPOSED: ABSENT: 64

77 STAFF REPORT TO THE FLORENCE COUNTY PLANNING COMMISSION TUESDAY, MARCH 27, 2018 PC# SUBJECT: LOCATION: Rezoning request from Multi-Family Residential District (R-5)) to Rural Community District (RU-1) 304 E. Fifth Ave., Pamplico, SC TAX MAP NUMBER: 60006, Block 10, Parcel 016 COUNCIL DISTRICT(S): OWNER OF RECORD: APPLICANT: LAND AREA: WATER /SEWER AVAILABILITY: ADJACENT WATERWAYS/ BODIES OF WATER: FLOOD ZONE: 2; County Council Jeffery A. Weekfall Jeffery A. Weekfall Acres Town of Pamplico None No STAFF RECOMMENDATION: Staff recommends approval of the request. STAFF ANALYSIS: 1. Existing Land Use and Zoning: Currently there is an accessory building on this property with no main structure and it is zoned Multi-Family Residential District (R-5). 2. Proposed Land Use and Zoning: The proposal is to rezone to Rural Community District (RU-1) to comply with the County s ordinance which allows the applicant s proposal to place a single wide manufactured home on the property. 3. Surrounding Land Use and Zoning: North: Residential/RU-1/Town of Pamplico South: Residential/R-5/Town of Pamplico West: Vacant/RU-1/Town of Pamplico East: Residential/R-5/Town of Pamplico 65

78 4. Transportation Access and Circulation: Present access to the property is by way of E. Fifth Ave., and Oak St. 5. Traffic Review: The rezoning of this property will have a minimal effect on traffic flow for the area. 6. Chapter 30-Zoning Ordinance The intent of the RU-1, Rural Community District: The intent of this district is to sustain and support rural community centers as an integral part of the rural environment, serving the commercial, service, social, and agricultural needs of nearby rural residents. FLORENCE COUNTY PLANNING COMMISSION ACTION MARCH 27, 2018: Seven Planning Commission members voted 7 to 0 to approve the zoning amendment request. FLORENCE COUNTY PLANNING COMMISSION RECOMMENDATION: Florence County Planning Commission recommends approval of the request to the Florence County Council to amend the zoning designation for the referenced parcel located on 304 E. Fifth Ave., Pamplico, SC from Multi Family Residential District (R-5) to Rural Community District (RU-1). 66

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81 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: Third Reading of Ordinance No /18 DEPARTMENT: Finance ISSUE UNDER CONSIDERATION: (An Ordinance To Ratify FY18 Budget And Grant Council Actions Previously Authorized By Council And Other Matters Related Thereto.) POINTS TO CONSIDER: 1. There have been grants received during the year that need to be formally appropriated by Council. 2. Contracts and related purchase orders in various stages of completion at the end of FY17 and incomplete as of June 30, 2017 in the amount of $2,138,833 require the unexpended balances of purchase orders in the amount of $551,032 to be added to General Fund fund balance, the unexpended balances of purchase orders in the amount of $652 to be added to Unified Fire Fund fund balance, the unexpended balances of purchase orders in the amount of $16,999 to be added to Local Hospitality Tax Fund fund balance, the unexpended balances of purchase orders in the amount of $31,429 to be added to Solid Waste Fund fund balance, and the unexpended balances of purchase orders in the amount of $1,538,721 to be added to E911 Fund fund balance 3. Revenue was received by the Florence County Parks and Recreation Department for special events which required an additional appropriation of $7,375 above the original FY18 budget. 4. A contract was entered into for the repair of the roof of the Planning Building. The cost of this contract is being funded by insurance proceeds, which required an additional appropriation of $32,400 above the original FY18 budget. 5. A contract was entered into for the automation of the Council agenda process, as well as the automation of other processes in various other offices. In addition, a contract was entered into for new software for the Register of Deeds function for the Clerk of Court s office. The cost of these two contracts is being funded by bond proceeds which required an additional appropriation of $500,000 above the original FY18 budget. 6. At its regular meeting on January 18, 2018, Florence County Council approved the purchase of additional land for the Greenwood Park. The cost of this contract is being funded by the use of General Fund fund balance, which required an additional appropriation of $121,000 above the original FY18 budget. 7. The contract for waste tire removal needed to be extended for the remainder of FY18 and increased by $75,000. FUNDING FACTORS: 1. County Council has previously accepted the various grant agreements. This Ordinance approves the formal appropriation for the related grant expenditures. 2. The allocation for contracts and related purchase orders in various stages of completion at the end of FY17 and incomplete as of June 30, 2017 in the amount of $2,138,833 is being funded from General Fund fund balance in the amount of $551,032, Unified Fire Fund fund balance in the amount of $652, Local Hospitality Tax Fund fund balance in the amount of $16,999, Solid Waste Fund fund balance in the amount of $31,429, and E911 Fund fund balance in the amount of $1,538,721, since savings in these amounts were realized in FY The appropriation to the Florence County Parks and Recreation Department in the amount of $7,375 is being funded from revenue received for special events. 4. The appropriation to the Planning Department for the repair of the Planning Building roof in the amount of $32,400 is being funded from insurance proceeds. 5. The appropriation to Contingency for the automation of the Council agenda process, as well as the automation of other processes in various other offices, and the contract for new software for the Register of Deeds function in the Clerk of Courts Office at a total cost of $500,000 is being funded by bond proceeds. 6. The appropriation to Contingency to purchase additional land for Greenwood Park in the amount of $121,000 is being funded from General Fund fund balance. 7. The appropriation for the Solid Waste Fund necessary to extend the waste tire contract in an additional amount of $75,000 is being funded from the Solid Waste Fund fund balance, based on state revenue and tipping fees received in previous fiscal years that were ultimately deposited into fund balance. OPTIONS: 1. (Recommended) Approve Third Reading of Ordinance No / Provide An Alternate Directive ATTACHMENT: Copy of Proposed Ordinance No /18 69

82 Sponsor(s) : County Council Introduction : April 19, 2018 I,, Committee Referral : N/A Council Clerk, certify that the Committee Consideration Date : N/A ad for a Public Hearing on this Committee Recommendation : N/A Ordinance ran on:. Public Hearing : May 17, 2018 Second Reading : May 17, 2018 Third Reading : June 21, 2018 Effective Date : June 21, 2018 ORDINANCE NO /2018 COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT FOR FLORENCE COUNTY [An Ordinance To Ratify FY18 Budget And Grant Council Actions Previously Authorized By Council And Other Matters Related Thereto.] WHEREAS: 1. The previous adoption of various resolutions by County Council requires supplemental appropriations for unanticipated revenues received after the adoption of the budget; and 2. As a result of these resolutions, the County Council will adopt a final budget amendment ordinance ratifying budget resolutions authorized by Council during the fiscal year, as well as grants, any other supplemental appropriation actions, and other non-recurring allocations in accordance with the 1976 South Carolina Code of Laws, as amended. NOW THEREFORE BE IT ORDAINED BY THE FLORENCE COUNTY COUNCIL DULY ASSEMBLED THAT: 1. The Florence County Council hereby amends the FY18 budgetary appropriations and directs the allocation of the receipt of nonrecurring revenue as detailed hereinafter, and authorizes and directs the Florence County Administrator to make the following changes to the FY18 appropriated budgets: a. GENERAL FUND (FUND #10) draft 1) Based on the receipt of additional revenue for various special events hosted by the Florence County Parks and Recreation Department, Florence County Council hereby directs that budgeted revenue and expenditures be increased accordingly as follows: Revenue $ 7,375 Expenditures $ 3, $ 1, $ $ $ 1,611 2) A contract was entered into for the repair of the roof of the Planning Building. This repair was funded by insurance proceeds. Therefore, Florence County Council hereby directs that budgeted revenue and expenditures be increased accordingly as follows: Revenue $ 32,400 Expenditures $ 32,400 70

83 3) A contract was entered into for the automation of the Council agenda process, as well as the automation of other processes in various other offices. In addition, a contract was entered into for new software for the Register of Deeds function for the Clerk of Court s office. These two contracts were funded by bond proceeds. Therefore, Florence County Council hereby directs that budgeted revenue and expenditures be increased accordingly as follows: Revenue $500,000 Expenditures $500,000 4) At its regular meeting on January 18, 2018, Florence County Council approved the purchase of additional land for the Greenwood Park. Therefore, Florence County Council hereby directs that budgeted revenue and expenditures be increased accordingly as follows: Revenue $121,000 Expenditures $121,000 5) Contracts and related purchase orders in various stages of completion at the end of FY17 and incomplete as of June 30, 2017 require the unexpended balances of the purchase orders to be added to General Fund fund balance. These unexpended balances are in need of being carried over into FY18. Based on various FY17 uncompleted contracts and purchase orders being carried over into FY18, Florence County Council hereby directs the appropriation of the following expenditures and the use of fund balance for its funding: Revenue $551,032 Expenditures $ $ $ $ $ 4, $ $ 1, $ $ $ 1, $221, $ 3, $ 7, $ 2, $ $ 91, $ 3, $182, $ $ 21, $ $ 6,560 b. UNIFIED FIRE FUND (FUND #37) draft 1) Contracts and related purchase orders in various stages of completion at the end of FY17 and incomplete as of June 30, 2017 require the unexpended balances of the purchase orders to be added to Unified Fire Fund fund balance. These unexpended balances are in need of being 71

84 carried over into FY18. Based on various FY17 uncompleted contracts and purchase orders being carried over into FY18, Florence County Council hereby directs the appropriation of the following expenditure and the use of fund balance for its funding: Revenue $ 652 Expenditures $ 652 c. LOCAL HOSPITALITY TAX FUND (FUND #124) 1) Contracts and related purchase orders in various stages of completion at the end of FY17 and incomplete as of June 30, 2017 require the unexpended balances of the purchase orders to be added to Local Hospitality Tax Fund fund balance. These unexpended balances are in need of being carried over into FY18. Based on various FY17 uncompleted contracts and purchase orders being carried over into FY18, Florence County Council hereby directs the appropriation of the following expenditure and the use of fund balance for its funding: Revenue $ 16,999 Expenditures $ 16,999 d. SOLID WASTE FUND (FUND #421) 1) Based on the need to extend the waste tire disposal contract and fund this increased appropriation from state revenue and tipping fees received in previous fiscal years, Florence County Council hereby directs that budgeted revenue and expenditures be increased accordingly as follows: Revenue $ 75,000 Expenditures $ 75,000 2) Contracts and related purchase orders in various stages of completion at the end of FY17 and incomplete as of June 30, 2017 require the unexpended balances of the purchase orders to be added to Solid Waste Fund fund balance. These unexpended balances are in need of being carried over into FY18. Based on various FY17 uncompleted contracts and purchase orders being carried over into FY18, Florence County Council hereby directs the appropriation of the following expenditures and the use of fund balance for its funding: Revenue $ 31,429 Expenditures $ $ 30,766 e. E911 FUND (FUND #431) draft 1) Contracts and related purchase orders in various stages of completion at the end of FY17 and incomplete as of June 30, 2017 require the unexpended balances of the purchase orders to be added to E911 Fund fund balance. These unexpended balances are in need of being carried over into FY18. Based on various FY17 uncompleted contracts and purchase orders being carried over into FY18, Florence County Council hereby directs the appropriation of the following expenditure and the use of fund balance for its funding: Revenue $1,538,721 Expenditures $1,538,721 72

85 f. GRANT FUND (FUND #141) The FY18 Budget is hereby amended to increase revenue and expenditures for various grants awarded during the fiscal year. The grants, grant numbers, and amounts are as follows: School Dist #1 SRO 4201 $ 363,156 School Dist #2 SRO 4201 $ 54,080 School Dist #3 SRO 4201 $ 108,160 School Dist #5 SRO 4201 $ 54,080 Florence County Museum 4207 $ 21,868 17LEMPG 4233 $ 151,320 Project Swamp Fox 4234 $ 550,000 Project Patheon 4237 $1,000,000 Hurricane Matthew 4238 $ 122,323 Miracle League Field 4241 $ 164,000 FEMA AFG 4244 $ 187,000 Project Horseshoe 4245 $1,000,000 Public Defender 4248 $ 226,269 Used Oil FY $ 22,762 Waste Tire FY $ 90,255 Justice Center Mural 4252 $ 20,000 DUI Prosecutor 4253 $ 146,508 EMD Radios 4271 $ 1,190 First Responder Radios 4273 $ 43,508 DSS Incentives 4277 $ 620,828 DSS Unit Cost 4278 $ 409,960 Project Blanket 4280 $ 25,000 CDV Solicitor 4294 $ 134,359 FY18SPE Museum 4301 $ 2,000 Vaughn Memorial 4302 $ 855 EQ $ 18,190 Project Veg $1,000,000 RNCVI Travel Award 4305 $ 400 Duke Energy 4307 $ 40,000 Traffic Safety Unit Year $ 192,081 DUI Year $ 122,178 bwc 4311 $ 52,800 LEN 4312 $ 10,000 SCAC Library/Museum 4313 $ 79,856 Body Coolers Coroner 4314 $ 12,000 SCDHEC EMS 4315 $ 14,851 17SHSP $ 48, LEMPG Supplement 4317 $ 17,800 Environmental Lake City Park 4319 $ 11,500 Project Presto 4320 $ 100,000 Project Poole 4323 $ 100,000 Library Pamplico gifts 4325 $ 1,000 CSLP Collaborative Summer Reading 4328 $ 1,450 Summer Reading 4330 $ 1,000 Duke Energy Water Resources 4331 $ 68,200 Wells Fargo Museum Education 4334 $ 2,500 Library ALA Conference 4336 $ 1,000 draft 73

86 Library Tuition Reimbursement 4337 $ 1,000 Library Homework Help Centers 4338 $ 14,400 Records Improvement Clerk of Court 4392 $ 3,100 Solicitor s Juvenile Arbitrator 4399 $ 61,010 Solicitor s Salary Supplement 4400 $ 623,228 Solicitor s Pre-trial Intervention 4401 $ 155,332 Juvenile Drug Court 4402 $ 201,528 Lake City Park 4408 $ 454,979 State Library Lottery Funds 4429 $ 17,391 LRCP First Saturday 4430 $ 1,693 Sheriff CSE-DSS 4452 $ 56,298 Museum Gift Account 4455 $ 67,714 SCPRT TAG Grant 4461 $ 87,480 CTC per diem 4463 $ 825 SCEMD Ice Storm 4467 $ 26, This Ordinance includes the ratification of all grant and budget related resolutions and actions previously approved by Florence County Council for the fiscal year ending 06/30/ All provisions in other County Ordinances or Resolutions in conflict with this Ordinance are hereby repealed. 4. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application and to this end, the provisions of this Ordinance are severable. ATTEST: Connie Y. Haselden Clerk to Council SIGNED: draft Kent C. Caudle, Chairman Florence County Council Approved as to Form & Content COUNCIL VOTE: D.Malloy McEachin, Jr., County Attorney OPPOSED: ABSENT: 74

87 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: Third Reading of Ordinance No /18 DEPARTMENT: Administrator County Attorney Finance ISSUE UNDER CONSIDERATION: (An Ordinance Approving A Process To Recognize The Inclusion Of The Area Of The West Florence Rural Volunteer Fire District, Created By Ordinance No /07, Into The Florence County Fire Protection District, Created By Ordinance No /14.) POINTS TO CONSIDER: 1. On March 7, 2018, the South Carolina Supreme Court issued its ruling in favor of Florence County and remanded this matter to the circuit court for its approval of a plan to transition the West Florence Fire District to county control. 2. This Ordinance establishes a process by which the area of the West Florence Rural Volunteer Fire District will be included into the Unified Fire District. 3. All real property and equipment held by the West Florence Fire Department prior to May 15, 2014 will continue to be held by the Department. Property and equipment acquired by the Department after that date will be transferred to the County by June 30, The operating budget for the West Florence Department will be included in the Unified Fire District budget beginning with the 2018/2019 fiscal year. 5. Beginning July 1, 2018, the millage rates levied and fees charged in the Unified District will be levied and charged in the area serviced by the West Florence Fire Department. FUNDING FACTORS: 1. The current FY2017/18 operating budget for the West Florence Fire Department in the amount of $1,389,978 has been included in the Unified Fire District Fund budget for FY2018/ Also included in the June 21 agenda is Ordinance /18 to issue a $1,000,000 general obligation bond. The proceeds of this bond is to be combined with existing capital project sales tax funds and used for the construction of a new fire station. 3. Included in the FY2018/19 Unified Fire District Debt Service Fund is $120,000 to be used for the annual lease payment on the West Florence ladder truck. OPTIONS: 1. (Recommended) Approve Third Reading of Ordinance No / Provide An Alternate Directive ATTACHMENT: Copy of Proposed Ordinance No /18 75

88 Sponsor(s) : Finance First Reading : April 19, 2018 I,, Committee Referral : N/A Council Clerk, certify that this Committee Consideration Date : N/A Ordinance was advertised for Committee Recommendation : N/A Public Hearing on. Public Hearing : May 17, 2018 Second Reading : May 17, 2018 Third Reading : June 21, 2018 Effective Date : Immediately ORDINANCE NO /18 COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT FOR FLORENCE COUNTY AN ORDINANCE APPROVING A PROCESS TO RECOGNIZE THE INCLUSION OF THE AREA OF THE WEST FLORENCE RURAL VOLUNTEER FIRE DISTRICT, CREATED BY ORDINANCE NO /07, INTO THE FLORENCE COUNTY FIRE PROTECTION DISTRICT, CREATED BY ORDINANCE NO /14. 76

89 WHEREAS: 1. Pursuant to the provisions of Chapter 19 of Title Four of the Code of Laws of South Carolina, 1976, as amended (the Code ), the Florence County Council (the Council ), the governing body of Florence County, South Carolina (the County ), is empowered to establish, operate and maintain a system of fire protection facilities within designated areas of the County in order to provide the residents and property owners who reside on or own property located within the designated areas with fire protection services; and 2. The Council, on April 5, 2007, by the enactment of Ordinance No /07, created the West Florence Rural Volunteer Fire District as a special taxing district by which to serve the area designated by that Ordinance (the West Florence Area ); and 3. The Council, on May 15, 2014, by the enactment of Ordinance No /14, created the Florence County Fire Protection District (the Consolidated District ), incorporating into it the West Florence Area, and that Ordinance has since become effective; and 4. As a result of the enactment of Act No. 183, 2014 S.C. Acts 2142 and Act No. 89, 2015 S.C. Acts 422 (together codified as new Article 10 of Title 4, Chapter 23 of the South Carolina Code of Laws (S.C. Code Ann (Supp. 2015) et seq.) (the Acts ), the inclusion of the West Florence Area into the area of the Consolidated District has been delayed; however, the impediment to its inclusion has now been eliminated pursuant to the January 17, 2017, decision of the South Carolina Circuit Court (together with that court s denial of reconsideration on February 13, 2017, the Order ) in County of Florence et al. v. West Florence Fire District et al., C.A. No CP (the Lawsuit ), determining the Acts to be unlawful, and the affirming of that decision on March 7, 2018, by the South Carolina Supreme Court in its Opinion No (the Affirmance ); and 5. The Order and the Affirmance direct the parties to report to the Court an agreedupon plan of transition for bringing the West Florence Area back into the Consolidated District (or to specify areas of disagreement on such a plan); and 6. Counsel for all parties have conferred by , telephonically, and in person; and counsel for the County have presented to counsel for the defendants an outline of proposed terms for transition Counsel for the West Florence defendants have agreed to those proposed terms. The State of South Carolina took no position as to what transition terms should be approved, and accordingly, did not object to this proposal; and 7. Prior to third reading of this Ordinance, counsel have jointly submitted the proposed terms to the Court for its approval, and the Court has granted that approval by its order dated May 14, 2018 (the Court Approval ); and 8. The Court Approval has authorized the officers and Commission of the special purpose district purportedly created by the Acts to approve any actions and to execute any documents needed for the transition, as de facto officers, through June 30, 2018, including without limitation the deed of reconveyance required by Paragraph 5 under Implementation of Transition below; and 77

90 9. The proposed terms are set out in this Ordinance and, because of the nature of those terms, require the approval by Council through an ordinance in order to become effective. NOW, THEREFORE, BE IT ORDAINED BY THE FLORENCE COUNTY COUNCIL DULY ASSEMBLED THAT: Section 1.01 Council approves the following as the terms of transition by which to recognize the West Florence Area as a part of the County District as originally intended and agrees to take all steps necessary to effectuate these terms. Section 1.02 The terms of transition to which Council gives its approval are as follows: Defined terms, in addition to those defined above: Creation Ordinance = County s Ordinance No /14. WFFD = West Florence Fire District, the special purpose district purported to have been created by the Acts. Department = The not-for-profit corporation through which WFFD operates. Prior Districts = The special taxing districts (including West Florence Rural Volunteer Fire District) that were consolidated by the Creation Ordinance into the Consolidated District. Objective: To bring WFFD into the Consolidated District on the same terms as the other Prior Districts. Implementation of Transition: 1. Until otherwise determined by Florence County Council, the manner of providing services and the territory served by the Department will not be changed; except that the portion of Darlington County included in WFFD will as of June 1, 2018, no longer be served by the Department (unless pursuant to Paragraph 2 below). Those Darlington County areas will be served by their pre-wffd service providers. 2. Not later than May 15, 2018, WFFD will notify the Palmetto Rural Fire District, the Darlington Fire District, and every other fire protection or emergency services entity with which WFFD has a mutual aid or automatic aid agreement of the transition of WFFD into the Consolidated District; and the County and such other entity will jointly determine whether the agreement is still needed or should be modified or terminated. 3. The compensated employees involved in WFFD s provision of services are employees of the Department. The employees involved in the other Prior Districts provision of services are employees of their respective departments. Therefore, employees will remain Department employees; and no change in their status is required until otherwise determined by County Council. 4. Operating, non-liquid assets (that is, real property and tangible personal property) are, in the other Prior Districts, held in part by their respective departments (most of the assets acquired prior to the Creation Ordinance) and in part by the County (some assets acquired 78

91 before the Creation Ordinance, and assets acquired after the Creation Ordinance). All operating, non-liquid assets held by the Department prior to May 15, 2014, will continue to be held by the Department (unless and until some change is made in that arrangement that affects all the Prior Districts); and operating, non-liquid assets for the Department s provision of services acquired after May 15, 2014, whether now held by the Department or by WFFD, will (except as provided in Paragraph 5 below) be transferred to the County not later than June 30, The real property located at the Pine Needles Road station, acquired by WFFD by deed recorded at Book B670, page 1711 (Florence County Register of Deeds), and bearing Tax Map Number , will, not later than June 1, 2018, be re-conveyed by WFFD to its prior owner The ESAB Group, Inc., or its designee; and the County will execute a lease with The ESAB Group, Inc., or its designee for the County s continued use thereof for fire-protection and emergency response purposes. 6. Tax and fee notices on real and personal property within the County portion of WFFD for all payments due on or before June 30, 2018, will continue at the WFFD millage and fee rate; and the County treasurer will remit to WFFD all tax receipts with respect to such property collected through June 30, WFFD shall hold and use those receipts for its and the Department s provision of services through June 30, 2018, in the same manner as funds already held by it under Paragraph 8 below. 7. Tax and fee notices on real and personal property within the County portion of WFFD for all payments due on or after July 1, 2018, will be at the Consolidated District millage and fee rate; and all tax receipts with respect to such property collected on or after July 1, 2018, will be held and used by the County in the same manner as all other fire-protection levy tax receipts from within the Consolidated District. 8. Liquid assets currently held by WFFD or the Department will continue to be held and used by them for the provision of their services, subject to Paragraph 10 below. 9. Not later than May 1, 2018, the Department will submit to the County a proposed operating budget for Fiscal Year 2019 (July 1, 2018 through June 30, 2019); and the Florence County Fire District Financial Board and the County Council will consider that proposal in the same manner and at the same times as proposed budgets from each of the other Prior Districts. 10. At June 30, 2018, WFFD will transfer all liquid assets held by it to the County; except that, prior to such transfer to the County, WFFD will first transfer to the Department an amount that, together with amounts already held by the Department, will equal fifteen percent (15%) of the amount included in the County s FY 2019 Budget for the Department. In the event that the Department already has on hand at that date in excess of that fifteen percent (15%) amount, then the Department will transfer any such excess to the County at that date. Fifteen percent (15%) of annual budget is the same carry-forward balance allowed to the departments of each of the other Prior Districts at the end of a budget year. Tax allocations for FY 2019 will thereupon be made to the Department and the departments of each of the other Prior Districts in the same manner and on the same schedule. 79

92 11. The respective departments of each of the other Prior Districts have entered identical contracts with the County for the provision of fire protection services within their respective areas. A representative example is attached to this Outline as EXHIBIT A. The Department will enter into the same contract, with the same termination/renewal date as the contracts of the departments in the other Prior Districts. Section 1.03 Effective Date of Ordinance. This Ordinance shall take effect immediately. This Ordinance shall be construed liberally to effect the intent of Council. Prior Ordinance /17 dealing with the subject matter of this Ordinance is hereby repealed. ATTEST: Connie Y. Haselden, Clerk to County Council Kent C. Caudle, Chairman Approved as to Form and Content D. Malloy McEachin, Jr., County Attorney COUNCIL VOTE: OPPOSED: ABSENT: 80

93 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: Third Reading of Ordinance No /19 DEPARTMENT: Administration Finance ISSUE UNDER CONSIDERATION: (An Ordinance To Provide For The Levy Of Taxes In Florence County For The Fiscal Year Beginning July 1, 2018 And Ending June 30, 2019; To Provide For The Appropriation Thereof; To Provide For Revenues For The Payment Thereof; And To Provide For Other Matters Related Thereto.) POINTS TO CONSIDER: 1. Ordinance No /19 is the budget ordinance for next fiscal year. 2. The proposed budget includes a 1.7 mill increase for the General Fund to cover the 1% increase in the employer contribution to the South Carolina Retirement System (SCRS) and the Police Officer Retirement System (PORS) (approximately $330,000), the increase in the employer share of the County s health insurance premiums (approximately $625,000), the cost to annualize the eight security officers for the new judicial center (approximately $154,000), the cost to annualize the twenty positions added to EMS in the FY2017/18 budget (approximately $407,000), the increased cost of utilities, service contracts, and janitorial costs for the new judicial center (approximately $455,000), and the cost of a 4% within-grade adjustment for selected employees (approximately $670,000). 3. As a result of the inclusion of West Florence Fire Department in the Unified Fire District, the debt service millage for the Unified Fire District Debt Service Fund has been reduced to 4.4 mills from 7.4 mills. FUNDING FACTORS: NONE OPTIONS: 1. (Recommended) Approve Third Reading of Ordinance No / Provide An Alternate Directive. ATTACHMENTS: 1. Copy of Ordinance No /19 2. List of changes from Second Reading to Third Reading 81

94 Sponsor(s) : County Council Introduction : April 19, 2018 I,, Committee Referral : N/A Council Clerk, certify that the Committee Consideration Date : N/A ad for a Public Hearing on this Committee Recommendation : N/A Ordinance ran on:. Public Hearing : May 17, 2018 Second Reading : May 17, 2018 Third Reading : June 21, 2018 Effective Date : July 1, 2018 ORDINANCE NO /19 COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT FOR FLORENCE COUNTY [An Ordinance To Provide For The Levy Of Taxes In Florence County For The Fiscal Year Beginning July 1, 2018 And Ending June 30, 2019; To Provide For The Appropriation Thereof; To Provide For Revenues For The Payment Thereof; And To Provide For Other Matters Related Thereto.] WHEREAS: 1. The Florence County Council, pursuant to state statutes, is authorized and required to adopt an annual budget for all departments, offices, and agencies (hereinafter collectively termed offices or departments) of the County Government; and 2. Pursuant to state statutes, total funds appropriated in fiscal year for the above purposes do not exceed estimated revenues and funds available for expenditure in fiscal year NOW THEREFORE BE IT ORDAINED BY THE FLORENCE COUNTY COUNCIL DULY ASSEMBLED THAT: SECTION 1. APPROPRIATIONS draft a. Procedures Compliance: The fiscal year County Budget for Florence County, South Carolina is hereby adopted and detailed budget appropriation documentation attached hereto is incorporated herein by reference. The Florence County Council certifies that it has complied with all state laws and regulations regarding readings, notices, and public hearings for mills levied herein, and that it will comply in the case of mill levies which may be adjusted by resolution based on more current information at the time of final issuance of the levies and after the adoption of this ordinance. b. Levy Process: In all cases, all property shall be taxed unless otherwise exempt from taxation pursuant to the South Carolina Code of Laws, 1976, as amended. The taxes are due and payable and shall be collected in the manner as provided for collection of taxes in the South Carolina Code of Laws, 1976, as amended, and in accordance with procedures established in County enacting ordinances. (1) Motor Vehicle Taxes: Taxes levied on motor vehicles shall be collected pursuant to the schedules and procedures as established by State Statute and nothing herein shall be deemed to extend or defer the time of payment for such motor vehicle taxes. 82

95 (2) Motor Vehicle Owner Responsibility for Taxes: No motor vehicle registered in the State of South Carolina and property of a person, a resident of the County, shall be operated on the streets and public ways of the County unless all the motor vehicle taxes and fees duly assessed against such vehicle shall have first been paid. In the event that any person violates the provisions of this Section, he shall be guilty of a misdemeanor and subject to the penalties prescribed in Title 46, 1976 South Carolina Code of Laws, as amended. Nothing in this section shall preclude the collection of taxes and fees upon such motor vehicle after the prosecution of the offender for failure to pay such tax. c. Appropriation Management: (1) Reallocation: Unless otherwise restricted by State law or specific limitation of accounting standards, all of the appropriations hereinafter and those in the budgetary detail incorporated herein by reference are subject to adjustment and reallocation by County Council by voice motion or resolution. Any amount appropriated in this Ordinance may be discontinued at any time by appropriate action of a majority of the County Council. Expenditures from the General Fund contingency are generally done by resolution or voice motion. (2) Duplication: If any of the items, or portions thereof, for which funds are herein appropriated is taken over by the State or Federal government and appropriations therefrom be made by either or paid by either directly to a County Office, or if the same shall become available in any manner, then the amounts for said Office herein appropriated shall be reduced in the amount of said appropriation, direct payment, or other available funds or support, unless otherwise restricted by law. (3) Direct Assistance: All agencies receiving direct assistance payments from the County shall be funded quarterly in arrears no more than twenty-five (25%) percent of their direct assistance line item or on an alternate schedule at the discretion of the County Administrator in the case of emergencies. The quarterly allotments shall be paid around the 15 th of the month following the end of each quarter. The final 4 th quarter funding may be withheld by the Finance Director pending the reconciliation of outstanding obligations between the County and the Agency receiving funding or in the case of grant irregularities. Agencies, boards, and commissions, which are partially funded by Florence County Government, must provide annual audited financial statements to include a copy of the management letter and a copy of the A-133 Single Audit report, if applicable. State funded agencies must provide an annual report or a summary of local office-specific funding. Quarterly funding may be withheld pending the County s receipt of an agency s annual audited financial statements. draft d. Mill Levy: The following mills are levied to provide the property tax revenues to fund a portion of the appropriated expenditures noted directly below in Section e, which shall be reflected on tax bills: FY18 FY19 Florence County Debt Service Additionally, the following mill levies for the operation of the special purpose fire district and the mill levy for Florence-Darlington Technical College are hereby approved: (Estimated FY19 debt service millage is shown for informational purposes and may be subject to adjustment by the County Auditor.) 83

96 Operating Operating Estimated Mills Debt Mills Total Mills Debt Mills Total FY18 FY18 FY18 FY19 FY19 FY19 Florence Fire District Florence-Darlington Technical College Any millage adopted by this ordinance can be lowered by resolution of County Council prior to issuance of the tax notices. Any fire district debt service millage will remain in effect for the entire fire district in which it was levied until the associated debt has been completely paid, regardless if a portion of the fire district is annexed by a municipality. e. Funds: The following funds are hereby established for the purposes set forth with draft appropriations/budgeted amounts where applicable. Other funds may be delineated elsewhere: Fund Fund Name Appropriation 10 County General Fund $61,195, Fire and First Responder Fund* $ 5,559, Debt Service Fund* $ 5,892, Fire and First Responder Debt Service Fund* $ 1,030, Economic Development Capital Project Fund* $ 2,735, Economic Development Partnership Fund* $ 492, % State Accommodations Tax (2%) Fund* $ 300, % State Accommodations Tax (2%) Fund* $ 120, Local Accommodations Tax (3%) Fund* $ 2,890, Local Hospitality Tax Fund* $ 1,877, District Utility Allocation Fund* $ 160, District Infrastructure Allocation Fund* $ 1,022, District Rocking and Paving Fund* $ 1,769, Sheriff Camps Fund* $ 38, Sex Offender Registry Fund* $ 23, Law Library Fund* $ 30, Road Maintenance Fund* $ 3,923, Victim/Witness Fund* $ 213, Solicitor Check Law Fund* $ 194, Solid Waste Management Fund* $ 4,325, E-911 System Fund* $ 1,296,694 * At the close of the fiscal year, any unexpended budgeted monies within these funds and within all capital project funds shall be carried forward with their respective fund balance for the continued established use of that fund subject to appropriations, unless specifically authorized otherwise by ordinance or directed by State law. 84

97 f. County General & Debt Service Funds: The Florence County Auditor is authorized and directed to levy upon all taxable property in Florence County, South Carolina, and the Florence County Treasurer is directed to collect, taxes sufficient to meet all County General Fund appropriations directed by this Ordinance, except as provided for by other revenue sources for the operation of the County Government for the Fiscal Year beginning July 1, 2018 through June 30, The Florence County Auditor is authorized and directed to levy upon taxable property in Florence County, South Carolina and the Florence County Treasurer is directed to collect taxes sufficient to meet the appropriation of $5,892,575 for Debt Service provided by this Ordinance. g. Major Funds Determination: In accordance with Governmental Accounting Standards Board (GASB) Statement No. 34 and other appropriate regulations requiring Government-wide Financial Statements, major funds will be determined annually at the end of the fiscal year during the audit process. h. Grants Management: (1) Grant Fund Balances: Notwithstanding any other provisions of this ordinance, all unexpended balances from previous appropriations of state and federal grant funds, any State Accommodations Tax Funds not committed to the County General Fund, and capital improvement or special project appropriations outstanding as of June 30 th in the calendar year in which this budget ordinance is effective, shall be carried forward into the subsequent fiscal year budget appropriations. All grants are to be budgeted and accounted for in a special revenue fund, and authorized local match transfers will be completed by the County Finance Director based on County Council s acceptance of the grant. (2) County Acceptance: The expenditure of funds for grant programs included in this budget shall not be authorized unless evidence that the respective grants have been approved by the grantor agency is provided to the County Administrator, who is authorized to accept grants. The County Administrator may require that the grant be accepted and funded by proper action of County Council. In all cases, total program expenditures shall be limited to the lesser of the total grant award(s), or the amount(s) designated in the current budget appropriations, as amended, or as approved by County Council. The County Finance Director must be listed as a contact on all grant applications and awards; all correspondence must be copied to the County Grants Manager. draft (3) Budgeting: Grant funds requiring matching County funds not budgeted shall be authorized by County Council approving the grant application and identifying matching expenditure funds from other previously appropriated funds. Grants requiring no new local match appropriation may be approved by the County Administrator or County Council, and the budget amended accordingly. The Finance Director is authorized to create the necessary general ledger accounts; the opening of bank accounts, when necessary, shall be executed by the County Treasurer in coordination with the Finance Director. When grant award payments are received, the Treasurer s Office or County Offices shall provide the Grants Manager with copies of all checks received for the reimbursement of grant expenditures and any other related documentation determined by the Finance Director as necessary to ensure audit compliance. All grant revenues shall be credited to the appropriate revenue line item as established by the Finance Director. Grant revenues will not be applied directly to expenditure line items. All grant disbursements shall be authorized only through the Finance Office unless State or Federal law specifically provides otherwise and the County is exempt from financial reporting on those funds at both the State and Federal levels. 85

98 (4) Federal Reporting: In accordance with Federal A-133 Audit Requirements related to Federal grants, all County offices and Component Units must report the expenditures and provide copies of grant awards and any other grant related reports to the County Grants Manager. All offices must present all voucher requests for payments related to grants to Procurement for purchase and the Finance Office before the disbursement of grant related funds, as well as coordinating with the County Grants Manager. County offices that do not comply with this ordinance and any other published administrative procedures necessary for complete and timely reporting of grants such that the County incurs additional independent audit costs or loses grants funds will have these costs deducted from the Office or Component Unit s budget appropriations annually until any unfunded expenditures are fully recouped. SECTION 2. FUND BALANCE MANAGEMENT a. Compliant Fund Balance Policy: Florence County Council utilizes a compliant fund balance methodology based on the cash-flow needs of the County to maintain sufficient reserves in order to maintain County operations. End of year fund balance estimations and associated cash flow projections for all cash-discrete funds are developed annually in the budget process to maintain a minimum of annualized appropriations in operational funds to ensure routine operations remain uninterrupted and in sinking funds (debt service fund) balances as required to timely service all scheduled debt. Should any individual fund balance fall below the required minimum balance, inter-fund cash transfers are hereby authorized, provided that the allocation of interest is accounted for appropriately no less than once per fiscal year. b. Tax Anticipation Note Authority: The County is hereby empowered to borrow in anticipation of tax or other revenues for County purposes any sum not exceeding the amount anticipated to be received from taxes and other revenues during the current or following fiscal year, and not only to pledge the taxes or other revenues anticipated in the current or succeeding fiscal year, but to pledge, also, the full faith and credit of Florence County for the repayment of any sums so borrowed. Such sums shall be borrowed from any banking institution or lending agency and shall be payable at such time, upon such terms, and in such sums as may be negotiated between the County and the lender. SECTION 3. BUDGET YEAR END draft a. Purchase Authority Cutoff: The budget year shall expire on June 30 of this fiscal year. No monies shall be disbursed pursuant to this Ordinance unless such funds have been obligated (i.e. an order has been placed or a contract signed for the delivery of goods or services in accordance with County procurement procedures) prior to the close of the fiscal year, which is June 30. The County Administrator will take action to preclude all purchase order activity except business required for expedient operations and emergencies after June 15 of the fiscal year; no capital purchases other than emergencies will be initiated after May 31 of the fiscal year without the express written approval of the County Administrator. In addition, all items must be received and invoiced June 30 th or earlier, or the items will be deducted from the originating office s subsequent fiscal year budget, except in the case of emergency procurement items, the procurement of which has been approved in advance by the County Administrator. b. Purchase Order Liquidation: All offices are responsible for providing documentation regarding outstanding obligations for this fiscal year to the Finance Department on or before June 15 th to facilitate the proper accrual of outstanding obligations of the County or the obligation(s) may be deducted from the office s budget for the subsequent fiscal year. 86

99 c. No Roll-Forward: Budget line item balances shall under no circumstances roll forward at the end of this fiscal year into the next fiscal year s budget, except for bond funds and grants crossing the fiscal year or as otherwise specified or appropriated within this budget ordinance. SECTION 4. NATURE OF REVENUES, EXPENDITURES, AND CHART OF ACCOUNTS a. Transfers Prohibited: Unbudgeted transfers are prohibited except as approved herein and in accordance with generally accepted accounting principles. b. Overspending: Any office which overspends its straight-line spending levels for two consecutive months shall be reviewed by the County Administrator, who may freeze position vacancies, capital expenditures, and funds transfers, and remove sufficient personnel from the County payroll to offset fully the impending budget overrun prior to the close of the fiscal year. The County Administrator is authorized to transfer County Government functions and allocated appropriations among the various County divisions and offices in order to combine compatible employee positions and functions, eliminate duplicate work, gain performance efficiencies, or reduce overall operating costs of the County Government. c. Intra-departmental Transfers by Finance Department: In order to process claims for payment submitted to the Finance Department, the Finance Director, or his designee, is hereby authorized to make intra-departmental transfers between line items in any department s budget in order to ensure that no line item is over-spent by the processing of these claims. SECTION 5. FIXED ASSETS a. Reporting: The cost of normal maintenance and repairs that do not add to the value of the asset or materially extend the useful life of the asset are not capitalized. The threshold for determining if an item is considered to be a fixed or capital asset is the value or the purchase price (whichever is higher) of $5,000 or greater and the item must have a useful life of more than one year. Appropriate depreciation schedules are maintained on the straight-line basis over the estimated useful life of each asset in accordance with Generally Accepted Accounting Principles (GAAP). The estimated useful life is determined by guidelines developed by the State of South Carolina Office of Comptroller General, and in some cases, applicable Federal IRS regulations and/or Governmental Accounting Standards Board (GASB) Statement No. 34 implementation guidelines. b. Inventory Control: Each Office is responsible for verification of all of its items required to be listed in the Fixed Asset System maintained by County Finance and for providing documentation of the annual inventory review to Finance on or before the third week in June annually. Finance will distribute forms for the inventory verification process and will provide current inventory listings to County Offices for verification of inventory on hand by May 30 th annually. c. Insurance Proceeds: In order to comply with GASB42 regulations, all insurance payments will be processed by the Office.draft County Finance 87

100 SECTION 6. RECEIPT, MANAGEMENT, AND REPORTING OF CASH: a. Timely Deposit: All service charges, fees, fines, reimbursements, grant funds, etc. received by County Offices shall be deposited with the County Treasurer or directly to the bank that serves as checking depository as soon as possible after collection. All County Offices that collect funds on a daily basis shall reconcile receipts to funds received and submit funds to the Treasurer s Office by the following business day in the format as prescribed by the County Treasurer. Offices collecting less than $200 on any single day may delay one business day. This policy does not apply where State law specifically provides authority for other actions to a specific official. b. Bank Reconciliation: The Treasurer is responsible for reconciling bank accounts maintained in the Treasurer s Office in order to properly record revenues to the books of the County in accordance with the County s chart of accounts and properly allocating interest and all other funds to various funds and bank accounts as required by SC Law. c. Cash Accounting: The County Treasurer s Office is responsible for annual external audit reporting of revenues to the State Comptroller s Office and for providing the Finance Office and External Auditors with sufficient data to convert revenues from the cash basis of accounting to the modified accrual basis of accounting in order to ensure legal and annual audit compliance with Governmental Accounting Standards Board (GASB) regulations, in particular GASB Statement No. 34 which requires revenue reporting on the modified accrual basis of accounting during the fiscal year and year-end conversion to accrual basis to produce Government-Wide Financial Statements. SECTION 7. ANNUAL FISCAL REPORTING REQUIREMENTS Boards, Commissions, Agencies, and Institutions: All boards, commissions, agencies, and institutions receiving County funds shall make a full detailed annual fiscal report to the County Council at the end of the fiscal year. Agencies receiving less than $5,000 annually in direct assistance from the County may submit internally prepared financial statements in lieu of an audited statement. The County governing body, the County Administrator, or the Finance Office may require reports, estimates, and statistics from any County office as may be necessary in the preparation of annual budgets or supplemental appropriations. Prior year audits are required for acceptance of annual budget requests. draft SECTION 8. COMPENSATION AND CLASSIFICATION PLAN AND PERSONNEL a. Solicitor and Public Defender Funding Supplement Commitments: Salary supplements are included for various employees in the Solicitor s and Public Defender s departments budgets. Disbursement of these supplements is contingent upon available funding received from these offices. The Solicitor and Public Defender shall reimburse Florence County for the cost of these supplements, including applicable fringe benefits, on a monthly basis. Should this funding become unavailable, the supplements shall be removed from the payroll system of Florence County and the salaries reduced accordingly. b. FY19 Christmas Bonus: A Christmas bonus is hereby included in the budget in the amount of $100 per employee, to be paid between the first and second pay dates in December 2018, if authorized by County Council by motion. All full-time and regular part-time employees who are in pay status during the first pay period in December are eligible to receive this bonus. In addition, all PRN employees who have worked at least 1,000 hours in each of the last two fiscal years and who are also in pay status during the first pay period in December are eligible to receive this bonus. 88

101 c. Travel: When employees are required to travel on official business, the County pays reasonable amounts for transportation, meals, and lodging in accordance with the County s Personnel Policies, Administrative Directives, and this ordinance. When an office has County Vehicles assigned to it, employees in that particular office should utilize a County Vehicle if this use does not impede County Operations. If the employee s personal vehicle is utilized, the employee shall be reimbursed at the same rate per mile traveled as is paid to state employees. This includes use of an employee s personal vehicle for travel within Florence County as required by their supervisor. Meal expenses will be $40.00 for a twenty-four hour period and will be $25.00 for periods less than twenty-four hours. Per diem is not provided for meals related to meetings inside Florence County, unless the meeting is an official, required function. Per diem is provided for in-state, one-day meetings for which an employee leaves the county and returns to the county in the same day. However, if lunch is provided for this meeting, then per diem will not be provided. Travel advances for meals shall not include per diem for the day of departure or the day of return. For a Law Enforcement employee transporting a prisoner, the employee will be reimbursed at per diem rates for his own meal at any food stop mandated by statute on behalf of the prisoner. In all other cases, Law Enforcement employees shall be required to follow the regular requirements for reimbursement of meal expenses provided for other County employees. There is no provision for advance per diems to the individual for Hotel Reservations, Airline Tickets, Conference/Seminar registration costs or all other costs related to travel; all Hotel Reservations, Airline Tickets, Conference/Seminar registration costs or other costs related to travel will normally be paid directly to the vendor providing the service. Original, dated, detailed receipts must accompany all travel reimbursement requests. County Departments and Elected Officials Offices shall have no authority to waive the requirement for receipt of original, dated, detailed receipts under this section. Under no circumstances shall the County reimburse any persons eligible for travel reimbursement by the County for alcoholic beverages, personal purchases of any kind not specifically authorized in the personnel policy, or any amounts for which appropriated funds are not available or which are a violation of the State Ethics Laws and regulations. d. Credit Cards and Accounts: Credit cards which obligate Florence County directly are not permitted unless specifically authorized by written resolution of County Council. Requests for establishing credit accounts in the name of the County must be forwarded to the County Finance Office which is responsible for establishing credit accounts with vendors upon written approval by the County Administrator or the Finance Director. The County Finance Department is also responsible for the control and monitoring of all credit accounts in the County s name, verification of goods received and reconciling of such credit purchases to invoices received. Accounts not established in accordance with this ordinance are the sole responsibility of the initiating person, and the County shall not be liable or obligated to make payment on behalf of the initiator or the person using the account. draft e. Tuition Assistance Program: An amount of $9,100 has been appropriated in Department 412, Division 900 of the General Fund to assist County employees who wish to further their education in a field of study beneficial to their employment with Florence County. Tuition will be reimbursed for courses only at accredited colleges and for which college credit can be obtained toward a two-year or higher degree. This assistance will be available based on the recommendation of the department head and the approval of the County Administrator. The Human Resources Director is authorized and directed to establish the administrative procedures necessary to operate this program, including but not limited to the establishment of an annual credit hour and dollar reimbursement per employee caps. All expenditures under this program will be for tuition and/or book and supply fees and will not include such other charges such as application fees, matriculation fees, or late fees. In addition, all expenditures will be reimbursement-based according to the grade received. Employees will be reimbursed 90% of the costs 89

102 noted above for a grade of A, 75% for a grade of B, 50% for a grade of C, and nothing for any grade lower. If the employee receives any other funding such as state or federal grant or any other allocation, the reimbursement percentages above apply only to the remaining unpaid portion of tuition. If the funding for this program becomes exhausted, the program will be suspended until it is funded further. f. Retirees Health Insurance Assistance: All post-retirement health insurance assistance available to eligible retirees, including any established by the Florence County Personnel Policy Manual, is subject to annual appropriation by County Council each fiscal year. For any employee commencing full time employment after June 30, 2011, the baseline financial assistance is as follows: 20 years of continuous full-time County employment service 50%, over 25 years of continuous full-time County employment service 75%. Financial assistance is a percentage of the current retiree only premium which is based on continuous years of employment service attained with Florence County. All financial assistance ceases when the employee first becomes Medicare eligible. g. Blood Borne Pathogens Standards: Emergency Medical Services, Sheriff s Office, and Detention Center are to provide a copy of the department s current Infection Control Plan to the Human Resources Director annually to demonstrate conformance with Federal and other guidelines. h. Victim/Witness Fund: The Solicitor agrees to sign a Memorandum of Understanding with the County stating that he will reimburse Florence County for any payments made from his portion of the Victim/Witness Fund that the State of South Carolina may find to be ineligible expenditures of Victim/Witness funds. i. Beginning Of Fiscal Year Payroll Changes: Payroll changes made as a result of the FY2018/19 budget will become effective on the first day of the first full payroll period of the fiscal year. j. Workers Compensation Benefit: Upon adoption of the budget ordinance, all General Fund budgeted workers compensation amounts included in line 0112 in various departmental/divisional budgets will be transferred to Division Employee Non-Departmental. As workers compensation claims are incurred, twenty percent (20%) of each claim will be paid from the respective department/division, up to a maximum total per claim of $2,000. In addition, with the exception of 24/7 shift workers, while an employee is on workers compensation leave, the budgeted salary or wages for this employee during the workers compensation leave period will be transferred from the respective department/division salary and wage budget line (account 0100) to the Employee Non-Departmental Division. draft k. Solicitor and Public Defender Funding of Certain Positions: The Solicitor and Public Defender are hereby authorized, upon approval by the County Administrator and in accordance with the County s compensation and classification plan, to add positions to the payroll system of Florence County, to be funded with non-county funds. Disbursement for these positions is contingent upon available funding received from these offices. The Solicitor and Public Defender shall reimburse Florence County for the cost of these positions, including applicable fringe benefits, on a monthly basis. Should this funding become unavailable, the positions shall be removed from the payroll system of Florence County. l. Amendment to Compensation and Classification Plan: Effective July 1, 2017, the Compensation and Classification Plan is hereby amended to increase the annual pay for current employees and the minimum annual pay of each grade for future employees in the following departments and in the following amounts: Public Works and Environmental Services Departments: $4,000 per employee; and EMS Department: 15% for employees with paramedic certification, 10% for employees with advanced 90

103 EMT certification, and 5% for employees with EMT certification. At its regular meeting on September 22, 2016, County Council approved increasing the annual pay for current employees and the minimum annual pay of each grade for future employees for the Central Dispatch Department by $4,000. Effective July 1, 2018, a 4% within-grade adjustment is included for all current employees, with the exception of those in the following departments: Sheriff s Office, Central Dispatch, EMS, Environmental Services, and Public Works. SECTION 9. INDEPENDENT AUDIT An independent annual audit of all financial records and transactions of the County shall be made by a Certified Public Accountant or firm of public accountants with no personal interest, direct or indirect in the fiscal affairs of the County government of Florence County or any of its officers. The County Council may, without requiring competitive bids, designate such accountant or firm. Unless included in the annual County audit, an annual audit of each county agency, board, bureau, or commission of Florence County, funded in whole or in part by County funds, shall be made. Copies of the annual County audit shall be filed in the office of the Clerk of Court for Florence County and provided for the Florence County Administrator. The County Administrator is hereby authorized to continue work with the County s existing software programming vendor, Strawn Services, for the purpose of providing automation efficiencies at the departmental level to the extent budgeted funds are available. SECTION 10. FEES AND CHARGES a. Disposition of Collections: All taxes, fees, charges, and assessments not otherwise allocated specifically by this ordinance with the supporting detail incorporated herein by reference or by law shall be deposited in the Florence County General Fund with other general fund revenues. All such taxes, fees, charges, and assessments shall be appropriated and allocated by the Florence County Council in the same manner as other general revenues. No such taxes, fees, charges, or assessments shall be paid to or shall accrue to the personal benefit of any officer or employee of Florence County. Use of fees, fines, and charges to reimburse expenditure budget line items through deposit credits is prohibited. draft b. Manned Convenience Centers: Commercial use and non-county residential use of the Florence County manned convenience centers (MCCs) is prohibited, subject to a fine of up to $500 per incident plus court costs, which is hereby established. Law enforcement officers with appropriate jurisdiction and Florence County environmental services officers are hereby authorized to write tickets and the Florence County Magistrate s Office is hereby authorized to try the cases. The County Administrator is hereby authorized to amend the manned convenience center contract with Waste Management to reduce hours of operation in accordance with appropriations. c. Outstanding EMS Bills: Outstanding EMS bills totaling $2,545,809 posted from the period of January 2000 through December 2015 on which no payment has been made for a period in excess of three years, and which are uncollectible under the three year statute of limitations provision of South Carolina Code of Laws Section , are hereby written off as uncollectible. 91

104 d. Cabin Rental Fees: Effective July 1, 2016, the fees to rent a cabin at Lynches River County Park are $60 per night for Sunday through Thursday nights and $70 per night for Friday and Saturday nights. e. EMS Vehicle Fee: Effective January 1, 2017 There Is Hereby Added A $10 Fee On All Vehicles In The County To Fund EMS And Rescue Squad Services. f. Unified Fire District Vehicle Fee: Effective January 1, 2017 There Is Hereby Added A $23 Fee On All Vehicles In The Unified Fire District To Fund Fire Service In The Unified Fire District. g. EMS Vehicle Fee: Effective with the vehicle tax notices mailed after July 1, 2017, the EMS Vehicle Fee is hereby increased to $15 on all vehicles in the County to fund EMS and Rescue Squad services. h. Solid Waste Household Usage Fee: Effective July 1, 2017, the Solid Waste Household Fee is replaced by a Solid Waste Household Usage Fee of $74.50, to be charged on all residential units in the unincorporated areas of Florence County. i. Solid Waste Household Availability Fee: Effective July 1, 2017, there is hereby established a Solid Waste Household Availability Fee of $25.00, to be charged on all residential units in Florence County. j. EMS Charges for Transport Service: Effective July 1, 2018, the charges for Emergency Medical Services that involve the transport of a patient are hereby set at 150% of the Medicare and Medicaid allowable rates. k. EMS Charges for Treatment, No Transport Services: Effective July 1, 2018, the charge for Emergency Medical Services that do not involve the transport of a patient, but do include the performance of ALS services, is hereby set at $100. SECTION 11. DEBT COLLECTION Setoff Debt: Florence County is hereby authorized to participate in the Setoff Debt Program through the South Carolina Association of Counties on an annual basis as approved by the Florence County Administrator, who is authorized to execute all documentation and direct all designations of personnel participating as necessary. draft SECTION 12. CONTRACTING AND FUNDS OR OTHER COMMITMENTS a. Contract Execution: The County Administrator or County Administrator s designee is the sole authority who can obligate the county and any county funds in any manner through signature of contracts, purchase orders, or other such agreements or documents as an authorized agent. Any purchase made or contract executed without appropriate authorization is hereby deemed to be a personal obligation of the party making the purchase or executing the contract and is not an obligation of Florence County. b. Check Enforcement Unit: The County Administrator is authorized to execute annual agreements between Florence County and the 12 th Circuit Solicitor s Office for the operation of the Solicitor s check enforcement unit. c. Title IV-D Contracts: The County Administrator, Clerk of Court, and Sheriff are authorized to enter jointly into agreements with the South Carolina Department of Social Services for receipt of Title IV-D (Child Support Enforcement) Federal Funds. 92

105 d. School Resource Officer Contracts: The County Administrator is authorized to execute contracts at the request of the Florence County Sheriff with the various school districts in Florence County for School Resource Officers, provided that Florence County s share of the funding for each of the contracts does not exceed the amount available in the General Fund for the Florence County Sheriff s Office grant match/contract match line item. If the contracts for FY19 are not signed prior to June 30, 2018, or if County Council does not approve the Sheriff s portion of the contract s budget, the school districts will be required to provide 100% of the funding for these contracts. If the school districts are unwilling to provide 100% of this funding, then the positions funded by these contracts will be discontinued in FY19. e. Lease Renewals: The County Administrator is authorized to execute renewals of any existing leases for real or personal property for the terms and conditions included in the various leases as the existing lease periods expire and the leases therefore come up for renewal and for which funds are available through appropriation in this year s budget. f. SCDOC Agreements: draft The County Administrator is authorized to execute annual agreements between Florence County and the South Carolina Department of Corrections for the use of pre-release inmates by the Recreation Department. In addition, the County Administrator is authorized and required to execute any contracts between the Florence County Detention Center and the South Carolina Department of Corrections. g. DSN Resolution: The Chairman of County Council is authorized to execute a resolution designating the Florence County Disabilities and Special Needs Board as an entity in Florence County to provide transportation to persons with disabilities. h. EMS Medical Control Physician: The County Administrator is authorized to renew the EMS Medical Control Physician contractual arrangement provided funds are appropriated herein. i. Independent Contractor s Contracts Or Agreements For Various Services At The Florence County Detention Center: The County Administrator is authorized to execute independent contractor s contracts and/or agreements which are in the best interests of the citizens of Florence County for the provision of medical, mental health, psychological, polygraph, commissary, pharmacy, and clergy services at the Florence County Detention Center at the written recommendation of the Sheriff. j. Planning and Building Inspection Agreements with Municipalities: The County Administrator is authorized to enter into agreements for the provision and enforcement of planning and building inspection services by the County for various municipalities within Florence County. k. Council Allocation Expenditure: Should an expenditure of Council Infrastructure allocation balances and/or Council Utility Fund allocation balances result in an available balance being exhausted, any remaining project expenditures may be funded from available Council Road Maintenance allocation balances, in accordance with guidelines and any other legal restrictions. l. De-obligation of previously approved Council Allocation expenditures: Any remaining balances from projects approved to be funded from council district allocations that were approved prior to July 1, 2016 are hereby de-obligated. 93

106 m. Municipal Loan Agreements: The County Administrator is authorized to enter into loan agreements with any Florence County municipality whereby such agreement permits any municipal inmate per diem balance outstanding for more than 30 days may be collected from Florence County Treasurer distributions to that municipality. n. SCDJJ Agreements: The County Administrator is authorized to execute contracts between the Florence County Detention Center and the South Carolina Department of Juvenile Justice. o. Florence School District One Agreements: The County Administrator is authorized to execute contracts between the Florence County Detention Center and Florence School District One for inmate adult education services at the Poynor/Adult Education Center. p. Funding For Attorney Fees: Funds for attorney fees for County officials acting as primary plaintiffs and bringing suit against the County cannot be transferred to the appropriate budgetary line item or paid without prior approval by County Council. SECTION 13. CITIZENS AGRICULTURAL ASSESSMENT EXTENSION PROCESS PRIVATE A fixed Agricultural Assessment Extension Policy for private citizens is hereby authorized. Any private citizen may apply for agricultural assessment for no more than two tax years prior to the then current tax year. Businesses, including partnerships, corporations, etc., are not eligible to receive consideration under this fixed policy, but must continue to make applications to Council demonstrating to Council s satisfaction that the business had reasonable cause for not filing timely. SECTION 14. VEHICLES OFFICIAL COUNTY FLEET a. The approval by resolution of County Council or authorization as provided in annual budget ordinances shall be required to permanently place any additional vehicles in the County fleet. Without such authorization, no vehicle shall be added to the fleet or to the County s insurance policies except where a currently insured vehicle is being removed from same. Vehicles removed from the fleet and the insurance policies must be surplused, through Council resolution, and disposed of in accordance with County procedures. draft b. If the County Administrator deems it in the best financial interests of the County, the County Administrator is hereby authorized to approve the trade-in of certain County-owned surplus vehicles against the cost of replacing said vehicles, rather than holding surplus vehicles for auction, and to dispose of motorized equipment in accordance with policies approved by County Council. c. The County Administrator is hereby authorized to allow departments to select alternate vehicles from those approved in the FY19 budget if the change is budget neutral for the same number of vehicles, the alternates are more fuel efficient, and the alternate will perform the functions for which the original vehicle was funded. 94

107 SECTION 15. DESIGNATION OF AGENCIES FOR SPECIFIC ACCOMMODATIONS TAX FUNDS Pursuant to the requirements of South Carolina Law with regard to administration of State Accommodations Tax Funds (Fund 122), the Florence Convention and Visitors Bureau and the Lake City Chamber of Commerce are hereby designated as the tourism bodies in Florence County. These organizations shall be responsible for administering and reporting expenses for these State Accommodations Tax Funds (Fund 122) to County Finance. Total amount of funds shall be adjusted annually based on actual funds the County receives from the State related to the promotion of tourism. County Council reserves the right to designate alternate agencies by voice motion at its discretion. SECTION 16. All provisions in other County Ordinances in conflict with this Ordinance are hereby repealed. SECTION 17. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect any other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. ATTEST: Connie Y. Haselden Clerk to Council Approved as to Form & Content D.Malloy McEachin, Jr., County Attorney SIGNED: Kent C. Caudle, Chairman Florence County Council COUNCIL VOTE: OPPOSED: ABSENT: draft 95

108 Florence County FY2018/19 Budget Summary of Changes from Second Reading To Third Reading General Fund 1) Council has requested that the Council district infrastructure allocation be increased by $10,000 to cover increasing costs. This $90,000 increase is being funded by a use of fund balance. 2) Council has requested that the contract with the County Attorney be increased by $750 per month. This increases the budget for Legal Services by $9,000, and is being funded by a reduction in the Contingency budget by an equal amount. 3) At its May 17, 2018 regular meeting, Council approved the removal from the budget of the $50,000 allocation to Francis Marion University in account This amount is being used to offset the increased cost of increasing the 3% within-grade adjustment to 4%. 4) The Sheriff s Office has requested that a Correctional Officer (Grade 13) (slot ) be reclassified to a Sergeant/Shift Supervisor (Grade 17). This increases the budget for the Sheriff s Office by $7,033, and is being funded by a reduction in the Contingency budget by an equal amount. 5) Council has requested that the amount requested by the Timmonsville Rescue Squad for a new ambulance be included in the budget. This increases the budget for the Rescue Squads by $171,071 and is being funded by a use of fund balance. 6) The amount originally budgeted for the Medically Indigent Assistance Program (MIAP) has been reduced to $268,398, based on a letter received from the State. This decreases the budget for Welfare Direct Assistance by $4,403, and is being added to the Contingency budget in an equal amount. Fire and First Responder Fund 7) At its regular meeting on May 17, 2018, Council introduced an ordinance to issue a general obligation bond in the amount of $1,000,000, the proceeds of which will be combined with capital project sales tax funding in the amount of $1,000,000 to be used to construct a new fire station for the West Florence Rural Volunteer Fire Department. This reduces the budget for this Department and results in a corresponding increase in fund balance in this fund in the same amount. Fire and First Responder Debt Service Fund 8) At its regular meeting on May 17, 2018, Council introduced an ordinance to issue a general obligation bond in the amount of $1,000,000, the proceeds of which will be combined with capital project sales tax funding in the amount of $1,000,000 to be used to construct a new fire station for the West Florence Rural Volunteer Fire Department. This increases the appropriation for this fund by $123,291 and is being funded by a millage increase of 0.5, from 3.9 mills to 4.4 mills. (The millage rate for this fund in the prior fiscal year was 7.4 mills.) 96

109 Economic Development Partnership Fund 9) The Economic Development Director has requested that the personnel budget for this fund remain at the same level as in the FY2017/18 budget. This increases the budget for the Economic Development Partnership Fund by $9,295, and is being funded by a use of fund balance in this fund. General 10) At its regular meeting on May 17, 2018, Council approved an increase from 3% to 4% for the within-grade adjustment for selected employees. This increases the appropriation for the following funds in the following amounts: General Fund $152,578 Fire and First Responder Fund $ 871 Economic Development Partnership Fund $ 3,685 Local Hospitality Tax Fund $ 4,816 Law Library Fund $ 229 Victim/Witness Fund $ 1,500 Solicitor Check Law Fund $ 1,447 E911 System Fund $ 3,318 These increases are being funded by a use of fund balance in each of these funds. 97

110 FLORENCE COUNTY COUNCIL MEETING Thursday, June 21, 2018 AGENDA ITEM: Ordinance No /18 Second Reading DEPARTMENT: Planning and Zoning ISSUE UNDER CONSIDERATION: [An Ordinance For Text Amendments To The Florence County Code Of Ordinances, Chapter 28, SIGNS, ARTICLE II. OUTDOOR ADVERTISING STRUCTURES, Sec Spacing Requirements., And Chapter 30, ZONING ORDINANCE, ARTICLE V. SIGN REGULATIONS, Sec Signs On Private Property., Table VIII Number, Dimensions And Location Of Permitted Signs, By Zoning District; And Other Matters Related Thereto.] POINTS TO CONSIDER: 1. The ambiguity of the current text was not an issue when the consolidated ordinance was originally written and enforced. 2. The intent of this amendment is to clarify this section of the zoning ordinance regarding billboards within the county and adjacent municipalities. Currently, the ordinance is not clear whether or not the distance between billboards is to be measured irrespective of municipal boundaries. 3. Added amended language to Sec , corrected typographical error to Sec specifically Table VIII, and added amended language to footnote C of Table VIII. 4. With currently less consolidation, the language of the ordinance should clearly require the measure of distance to the nearest billboard regardless of municipal boundaries. OPTIONS: 1. (Recommended) Approve as Presented. 2. Provide an Alternate Directive. ATTACHMENTS: 1. Ordinance No /18 w/markup 2. Ordinance No /18 w/o markup 3. Staff Report for PC#

111 Sponsor(s) : Planning Commission Consideration : Planning Commission Public Hearing : Planning Commission Action : First Reading/Introduction : Committee Referral : County Council Public Hearing : Second Reading : Third Reading : Effective Date : Planning Commission April 24, 2018 April 24, 2018 April 24, 2018[Approved: 7-0] May 17, 2018 N/A June 21, 2018 Immediately ORDINANCE NO /18 I,. Council Clerk, certify that this Ordinance was advertised for Public Hearing on. COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT FOR FLORENCE COUNTY [An Ordinance For Text Amendments To The Florence County Code Of Ordinances, Chapter 28, SIGNS, ARTICLE II. OUTDOOR ADVERTISING STRUCTURES, Sec Spacing Requirements., And Chapter 30, ZONING ORDINANCE, ARTICLE V. SIGN REGULATIONS, Sec Signs On Private Property., Table VIII Number, Dimensions And Location Of Permitted Signs, By Zoning District; And Other Matters Related Thereto.] WHEREAS: 1. The ambiguity of the current text was not an issue when the consolidated ordinance was originally written and enforced; and 2. The intent of this amendment is to clarify this section of the zoning ordinance regarding billboards within the county and adjacent municipalities. Currently, the ordinance is not clear whether or not the distance between billboards is to be measured irrespective of municipal boundaries; and 3. Added amended language to Sec , corrected typographical error to Sec specifically Table VIII, and added amended language to footnote C of Table VIII; and 4. With currently less consolidation, the language of the ordinance should clearly require the measure of distance to the nearest billboard regardless of municipal boundaries. NOW THEREFORE BE IT ORDAINED BY THE FLORENCE COUNTY COUNCIL DULY ASSEMBLED THAT: 1. The Florence County Code Of Ordinances Chapter 28, SIGNS, ARTICLE II. OUTDOOR ADVERTISING STRUCTURES, Sec Spacing Requirements., shall be amended to read as follows: Sec Spacing requirements. draft [The following spacing requirements shall be observed:] 1) One thousand two hundred feet on both sides of the road from another outdoor advertising structure. This measurement shall be made without respect to municipal boundaries within Florence County. Any billboard within any municipality within Florence County shall be measured with respect to the one thousand two hundred feet minimum separation distance. 2) Small signs, such as public signs, historic markers, church directionals, service club signs shall not be counted in the spacing requirements for outdoor advertising. 99

112 2. The Florence County Code of Ordinances Chapter 30, ZONING ORDINANCE, ARTICLE V. SIGN REGULATIONS, Sec Signs On Private Property., Table VIII Number, Dimensions And Location Of Permitted Signs, By Zoning District shall be amended to read as follows: Table VIII Number, Dimension, and Location of Permitted Signs, By Zoning District Sign Type All Residential Zones B- 1 B-2 B-3 B-4 B-5/B- 6 RU-1 RU- 2 INS(B) UZ(1I) Freestanding Number permitted per lot(e) Billboards N N N NA N NA NA N N NA Other(J) 1(A) (A) 1 NA Per feet of st. frontage Billboards (C) N N N 1:1,200 N 1:1,200 1:1,200 N N 1:1,200 Other NA NA NA (D) NA (D) (D) NA NA NA Maximum sign area (s.f.) draft Billboards NA NA NA (F) NA (F) (F) NA NA NA Other s.f. for each ft. st. frontage(g) (G) Minimum setback from property line Billboards NA NA NA 10 NA NA NA

113 Other Maximum height (H) 24 (H) (H) (H) Building signs Number permitted NA Maximum sign area (s.f.) Maximum wall area (%) Temporary signs(2) Table Notes: N/A = Not applicable N = Not allowed s.f. = Square feet 4 12 NA NA NA NA NA NA NA NA 25% 25% 25% 15% 25% NA NA NA See section draft A. One-use identification sign, not exceeding 20 s.f. each is permitted for each entrance of a subdivision, residential project, or agricultural operation. B. This column does not represent a zoning district. It applies to institutional and other nonresidential uses permitted under the Zoning Ordinance in a residential zoning district, i.e. churches, schools, parks, etc. C. Minimum distances required by this section shall be measured between billboards located on either side of the street along the centerline of the street from which the billboard is viewed. The measurement shall be made without respect to municipal boundaries within Florence County. Any billboard within Florence County shall be measured with respect to the one thousand two hundred feet minimum separation distance. 3. Provisions in other Florence County ordinances in conflict with this Ordinance are hereby repealed. 101

114 4. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application and to this end, the provisions of this Ordinance are severable. ATTEST: Connie Y. Haselden, Council Clerk Approved as to Form and Content D. Malloy McEachin, Jr., County Attorney draft SIGNED: Kent C. Caudle, Chairman COUNCIL VOTE: OPPOSED: ABSENT: 102

115 Sponsor(s) : Planning Commission Consideration : Planning Commission Public Hearing : Planning Commission Action : First Reading/Introduction : Committee Referral : County Council Public Hearing : Second Reading : Third Reading : Effective Date : Planning Commission April 24, 2018 April 24, 2018 April 24, 2018[Approved: 7-0] May 17, 2018 N/A June 21, 2018 Immediately ORDINANCE NO /18 I,. Council Clerk, certify that this Ordinance was advertised for Public Hearing on. COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT FOR FLORENCE COUNTY [An Ordinance For Text Amendments To The Florence County Code Of Ordinances, Chapter 28, SIGNS, ARTICLE II. OUTDOOR ADVERTISING STRUCTURES, Sec Spacing Requirements., And Chapter 30, ZONING ORDINANCE, ARTICLE V. SIGN REGULATIONS, Sec Signs On Private Property., Table VIII Number, Dimensions And Location Of Permitted Signs, By Zoning District; And Other Matters Related Thereto.] WHEREAS: 1. The ambiguity of the current text was not an issue when the consolidated ordinance was originally written and enforced; and 2. The intent of this amendment is to clarify this section of the zoning ordinance regarding billboards within the county and adjacent municipalities. Currently, the ordinance is not clear whether or not the distance between billboards is to be measured irrespective of municipal boundaries; and 3. Added amended language to Sec , corrected typographical error to Sec specifically Table VIII, and added amended language to footnote C of Table VIII; and 4. With currently less consolidation, the language of the ordinance should clearly require the measure of distance to the nearest billboard regardless of municipal boundaries. NOW THEREFORE BE IT ORDAINED BY THE FLORENCE COUNTY COUNCIL DULY ASSEMBLED THAT: 1. The Florence County Code Of Ordinances Chapter 28, SIGNS, ARTICLE II. OUTDOOR ADVERTISING STRUCTURES, Sec Spacing Requirements., shall be amended to read as follows: Sec Spacing requirements. draft [The following spacing requirements shall be observed:] 1) One thousand two hundred feet on both sides of the road from another outdoor advertising structure. This measurement shall be made without respect to municipal boundaries within Florence County. Any billboard within any municipality within Florence County shall be measured with respect to the one thousand two hundred feet minimum separation distance. 2) Small signs, such as public signs, historic markers, church directionals, service club signs shall not be counted in the spacing requirements for outdoor advertising. 2. The Florence County Code of Ordinances Chapter 30, ZONING ORDINANCE, ARTICLE V. SIGN REGULATIONS, Sec Signs On Private Property., Table VIII Number, Dimensions And Location Of Permitted Signs, By Zoning District shall be amended to read as follows: 103

116 Table VIII Number, Dimension, and Location of Permitted Signs, By Zoning District Sign Type All Residential Zones B- 1 B-2 B-3 B-4 B-5/B- 6 RU-1 RU- 2 INS(B) UZ(I) Freestanding Number permitted per lot(e) Billboards N N N NA N NA NA N N NA Other(J) 1(A) (A) 1 NA Per feet of st. frontage Billboards (C) N N N 1:1,200 N 1:1,200 1:1,200 N N 1:1,200 Other NA NA NA (D) NA (D) (D) NA NA NA Maximum sign area (s.f.) Billboards NA NA NA (F) NA (F) (F) NA NA NA Other Minimum setback from property line draft 3 s.f. for each ft. st. frontage(g) (G) Billboards NA NA NA 10 NA NA NA 10 Other Maximum height (H) 24 (H) (H) (H) Building signs 104

117 Number permitted Maximum sign area (s.f.) Maximum wall area (%) Temporary signs(2) NA 4 12 NA NA NA NA NA NA NA NA 25% 25% 25% 15% 25% NA NA NA See section Table Notes: N/A = Not applicable N = Not allowed s.f. = Square feet A. One-use identification sign, not exceeding 20 s.f. each is permitted for each entrance of a subdivision, residential project, or agricultural operation. B. This column does not represent a zoning district. It applies to institutional and other nonresidential uses permitted under the Zoning Ordinance in a residential zoning district, i.e. churches, schools, parks, etc. C. Minimum distances required by this section shall be measured between billboards located on either side of the street along the centerline of the street from which the billboard is viewed. The measurement shall be made without respect to municipal boundaries within Florence County. Any billboard within Florence County shall be measured with respect to the one thousand two hundred feet minimum separation distance. 3. Provisions in other Florence County ordinances in conflict with this Ordinance are hereby repealed. 4. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application and to this end, the provisions of this Ordinance are severable. ATTEST: SIGNED: Connie Y. Haselden, Council Clerk Kent C. Caudle, Chairman COUNCIL VOTE: OPPOSED: Approved as to Form and Content ABSENT: D. Malloy McEachin, Attorneydraft Jr., County 105

118 STAFF REPORT TO THE FLORENCE COUNTY PLANNING COMMISSION APRIL 24, 2018 PC# SUBJECT: APPLICANT: Request For Text Amendments To The Florence County Code Of Ordinances, Chapter 28, SIGNS, ARTICLE II. OUTDOOR ADVERTISING STRUCTURES, Sec Spacing Requirements., And Chapter 30, ZONING ORDINANCE, ARTICLE V. SIGN REGULATIONS, Sec Signs On Private Property., Table VIII Number, Dimensions And Location Of Permitted Signs, By Zoning District. Florence County STAFF RECOMMENDATION: Approve as submitted. Staff Analysis: The intent of this amendment is to clarify this section of the zoning ordinance regarding billboards within the county and adjacent municipalities. Currently, the ordinance is not clear whether or not the distance between billboards is to be measured irrespective of municipal boundaries. The ambiguity of the current text was not an issue when the consolidated ordinance was originally written and enforced. With currently less consolidation, the language of the ordinance should clearly require the measure of distance to the nearest billboard regardless of municipal boundaries. Therefore, The Florence County Code of Ordinances, Chapter 28, SIGNS, ARTICLE II. OUTDOOR ADVERTISING STRUCTURES, Sec Spacing Requirements., And Chapter 30, ZONING ORDINANCE, ARTICLE V. SIGN REGULATIONS, Sec Signs On Private Property., Table VIII Number, Dimensions And Location Of Permitted Signs By Zoning District, shall be amended to read as follows: Sec Spacing requirements. [The following spacing requirements shall be observed:] 1) One thousand two hundred feet on both sides of the road from another outdoor advertising structure. This measurement shall be made without respect to municipal boundaries within Florence County. Any billboard within any municipality within Florence County shall be measured with respect to the one thousand two hundred feet minimum separation distance. 106

119 2) Small signs, such as public signs, historic markers, church directionals, service club signs shall not be counted in the spacing requirements for outdoor advertising. Table VIII Number, Dimension, and Location of Permitted Signs, By Zoning District Sign Type All Residential Zones B- 1 B-2 B-3 B-4 B-5/B- 6 RU-1 RU- 2 INS(B) UZ(1I) Freestanding Number permitted per lot(e) Billboards N N N NA N NA NA N N NA Other(J) 1(A) (A) 1 NA Per feet of st. frontage Billboards (C) N N N 1:1,200 N 1:1,200 1:1,200 N N 1:1,200 Other NA NA NA (D) NA (D) (D) NA NA NA Maximum sign area (s.f.) Billboards NA NA NA (F) NA (F) (F) NA NA NA Other s.f. for each ft. st. frontage(g) (G) Minimum setback from property line 107

120 Billboards NA NA NA 10 NA NA NA 10 Other Maximum height (H) 24 (H) (H) (H) Building signs Number permitted Maximum sign area (s.f.) Maximum wall area (%) Temporary signs(2) NA 4 12 NA NA NA NA NA NA NA NA 25% 25% 25% 15% 25% NA NA NA See section Table Notes: NA = Not applicable N = Not allowed s.f. = Square feet A. One-use identification sign, not exceeding 20 s.f. each is permitted for each entrance of a subdivision, residential project, or agricultural operation. B. This column does not represent a zoning district. It applies to institutional and other nonresidential uses permitted under the Zoning Ordinance in a residential zoning district, i.e. churches, schools, parks, etc. C. Minimum distances required by this section shall be measured between billboards located on either side of the street along the centerline of the street from which the billboard is viewed. The measurement shall be made without respect to municipal boundaries within Florence County. Any billboard within Florence County shall be measured with respect to the one thousand two hundred feet minimum separation distance. 108

121 FLORENCE COUNTY PLANNING COMMISSION ACTION APRIL 24, 2018: Seven Planning Commission members voted 7 to 0 to approve the zoning amendment request. FLORENCE COUNTY PLANNING COMMISSION RECOMMENDATION: Florence County Planning Commission recommends approval of the request to the Florence County Council to amend the Florence County Code of Ordinances, Chapter 28, SIGNS, ARTICLE II. OUTDOOR ADVERTISING STRUCTURES, Sec Spacing Requirements., And Chapter 30, ZONING ORDINANCE, ARTICLE V. SIGN REGULATIONS, Sec Signs On Private Property., Table VIII Number, Dimensions And Location Of Permitted Signs By Zoning District. 109

122 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: Ordinance No /18 Second Reading DEPARTMENT: Economic Development ISSUE UNDER CONSIDERATION: [An Ordinance Authorizing Pursuant To Title 12, Chapter 44 Of The Code Of Laws Of South Carolina 1976, As Amended, The Execution And Delivery Of A Fee-In-Lieu Of Ad Valorem Taxes Agreement, By And Between Florence County, South Carolina And Project R, As Sponsor, And One Or More Sponsor Affiliates To Provide For A Fee-In-Lieu Of Ad Valorem Taxes Incentive And Certain Special Source Revenue Credits; The Expansion Of The Boundaries Of A Joint Industrial And Business Park Located In Florence And Marion Counties; And Other Related Matters.] OPTIONS: 1. (Recommended) Approve Second Reading of Ordinance No / Provide An Alternate Directive. ATTACHMENTS: Proposed Ordinance No /18 110

123 Sponsor(s) : Economic Development Introduction : May 17, 2018 I,, Committee Referral : N/A Council Clerk, certify that the Committee Consideration Date : N/A ad for a Public Hearing on this Committee Recommendation : N/A Ordinance ran on:. Second Reading : June 21, 2018 Public Hearing : Third Reading : Effective Date : ORDINANCE NO /18 COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT FOR FLORENCE COUNTY AN ORDINANCE AUTHORIZING PURSUANT TO TITLE 12, CHAPTER 44 OF THE CODE OF LAWS OF SOUTH CAROLINA 1976, AS AMENDED, THE EXECUTION AND DELIVERY OF A FEE-IN-LIEU OF AD VALOREM TAXES AGREEMENT, BY AND BETWEEN FLORENCE COUNTY, SOUTH CAROLINA AND PROJECT R, AS SPONSOR, AND ONE OR MORE SPONSOR AFFILIATES TO PROVIDE FOR A FEE- IN-LIEU OF AD VALOREM TAXES INCENTIVE AND CERTAIN SPECIAL SOURCE REVENUE CREDITS; THE EXPANSION OF THE BOUNDARIES OF A JOINT INDUSTRIAL AND BUSINESS PARK LOCATED IN FLORENCE AND MARION COUNTIES; AND OTHER RELATED MATTERS. WHEREAS: 1. Florence County, South Carolina (the County ), acting by and through its County Council (the County Council ) is authorized by Title 12, Chapter 44 of the Code of Laws of South Carolina 1976, as amended (the Act ), and Article VIII, Section 13 of the South Carolina Constitution (i) to enter into agreements with qualifying companies to encourage investment in projects constituting economic development property through which the economic development of the State of South Carolina (the State ) will be promoted by inducing new and existing manufacturing and commercial enterprises to locate and remain in the State and thus utilize and employ manpower and other resources of the State; (ii) to covenant with such industry to accept certain fee payments in lieu of ad valorem taxes ( FILOT ) with respect to such investment ( FILOT Payments ); (iii) to provide credits to qualifying companies to offset qualifying infrastructure related expenditures pursuant to Sections , and of the Code of Laws of South Carolina 1976, as amended ( Infrastructure Credit Act ); and (iv) to make and execute contracts of the type hereinafter described pursuant to Section of the Code of Laws of South Carolina 1976, as amended; and 2. Project R, a [enter state and entity], authorized to transact business in South Carolina, along with one or more existing, or to-be-formed or acquired subsidiaries, or affiliated or related entities, as Sponsor (collectively, Company ) and any Sponsor Affiliates (as defined under the Act and the Fee Agreement (defined below)) that the Sponsor may designate and have the County approve in accordance with the Act, contingent upon satisfaction of certain commitments made by and on behalf of the County, as set forth herein and to be further set forth in future agreements, and, to the extent allowed by law, 111

124 plans to establish a facility in the County through the acquisition, lease, construction and purchase of certain land, including the Project Property (defined below), buildings, furnishings, fixtures, apparatuses, and equipment (the Project ), which will result in approximately $15,000,000 in new investment in real and personal property in the County ( Investment ); and 3. By its Resolution adopted on June 21, 2018, the County identified the Project, as required by the Act; and 4. The Project will comprise one or more parcels of real property or a portion thereof consisting of approximately [enter] acres, more or less, within such tax map parcels bearing Tax Map Numbers [enter], with improvements thereon, a description of which is set forth on the attached Exhibit A ( Project Property ); and 5. Pursuant to Title 4, Section 1, andraft Code of Laws of South Carolina, 1976, as amended ( MCIP Act ), Florence County, South Carolina ( County ), acting by and through its County Council ( County Council ) is authorized to develop multi-county industrial parks with other qualifying counties and, in its discretion, include within the boundaries of such parks the property of qualifying industries. Under the authority provided in the MCIP Act, the County created a multi-county park with Marion County, South Carolina ( Park ) pursuant to that Agreement for the Development of a Joint County Industrial and Business Park ( Park Agreement ), dated April 22, 2018; and 6. Pursuant to Section 3(A) of the Park Agreement, by resolution or ordinance of both counties, the boundaries of the Park may be enlarged to include additional property in either county, and the County desires to enlarge the boundaries of the Park to include the Project Property and to ensure that the Project Property remains in the Park, or any other multi-county industrial park created under the MCIP Act, for no less than the duration of the Fee Agreement (defined below); and 7. In connection with the Project, the Company has requested the County to enter into incentive agreements, to the extent and subject to the conditions provided in those agreements, to establish the commitments of (i) the Company and any Sponsor Affiliate to make the Investment; and (ii) the County to provide certain incentives; and 8. The County has determined: (i) to offer a FILOT arrangement and enter into a fee-in-lieu of ad valorem taxes agreement with the Company and, as applicable, any Sponsor Affiliate, the form of which is attached as Exhibit B ( Fee Agreement ), but with the principal terms as follows: 35-year, 6.0% assessment ratio, and a fixed millage rate equal to that millage rate in effect at the Project Property, for all taxing entities, on June 30, 2017, which the parties hereto believe to be mills for the entire term of the FILOT arrangement; (ii) to provide an annual credit against those FILOT Payments made by the Company and any of the Sponsor Affiliates to the County for the Project (a) for the first five (5) FILOT Payments in an amount equal to the difference between the FILOT Payment due and $65,000 and (b) for all remaining FILOT Payments thereafter in an amount equal to the difference between the FILOT Payment due and $45,000 (each a Special Source Revenue Credit ), subject to the terms and conditions set forth in the Fee Agreement; and (iii) any other incentives further set forth in the Fee Agreement attached to this Ordinance (collectively, the Incentives ); DM: v

125 9. [ENTER] ( Sponsor Affiliate ) (a) intends to participate in the investment under the Fee Agreement; and (b) wishes to be approved by the County as Sponsor Affiliates, pursuant to Section of the Act and as further defined in the Fee Agreement; and 10. The parties recognize and acknowledge that the Company would not otherwise locate the Project in the County but for the delivery of the Incentives. NOW, THEREFORE, BE IT ORDAINED BY THE FLORENCE COUNTY COUNCIL DULY ASSEMBLED THAT: Section 1. Findings. The County hereby finds and affirms, based on information provided by the Company: (i) the Project will benefit the general public welfare of the County by providing services, employment, recreation or other public benefits not otherwise provided locally; (ii) the Project gives rise to no pecuniary liability of the County or any incorporated municipality and to no charge against its general credit or taxing power; (iii) the purposes to be accomplished by the Project are proper governmental and public purposes; and (iv) the benefits of the Project to the public are greater than the costs to the public; and (v) the Project will provide a substantial public benefit to the County. Section 2. Authorization to Execute and Deliver Fee Agreement. The form, terms, and provisions of the Fee Agreement (which includes the provision of Special Source Revenue Credits) presented to this meeting and filed with the Clerk to County Council be and it is hereby approved, and all of the terms, provisions, and conditions thereof are hereby incorporated herein by reference as if the Fee Agreement was set out in this Ordinance in its entirety. The Chairman of County Council and the Clerk to County Council be and they are hereby authorized, empowered, and directed to execute, acknowledge, and deliver the Fee Agreement in the name and on behalf of the County, and thereupon to cause the Fee Agreement to be delivered to the Company. The Fee Agreement is to be in substantially the form now before this meeting and hereby approved, or with such changes therein as shall not materially adversely affect the rights of the County thereunder and as shall be approved by the officials of the County executing the same upon the advice of the County Attorney, their execution thereof to constitute conclusive evidence of their approval of any and all changes or revisions therein from the form of Fee Agreement now before this meeting. draft Section 3. Addition of Sponsor Affiliate(s). The County approves the Sponsor Affiliate s participation in the Fee Agreement as Sponsor Affiliates as contemplated under the Act and the Fee Agreement. Section 4. Expansion of Park to Include Project Property. The County hereby approves the enlargement of the boundaries of the Park to include the Project Property. Section 5. No Recapitulation Required. Pursuant to Section (B) of the Act, the County hereby agrees that no recapitulation information, as set forth in Section (A) of the Act is required to be provided by the Company in the Fee Agreement, or in any other documents or agreements in connection with the fee-in-lieu of tax arrangement between the Company and the County, so long as the Company shall file a copy of the South Carolina Department of Revenue form PT-443, and any subsequent amendments thereto, and all filings required by the Act with the County after the execution of the Fee Agreement by the County and the Company. DM: v

126 Section 6. Further Acts. The County Council authorizes the County Administrator, other County staff, and the County Attorney, along with any designees and agents who any of these officials deems necessary and proper, in the name of and on behalf of the County (each an Authorized Individual ), to take whatever further actions, and enter into whatever further agreements, as any Authorized Individual deems to be reasonably necessary and prudent to effect the intent of this Ordinance and induce the Company to locate the Project in the County. Section 7. General Repealer. All ordinances, resolutions, and parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed. Section 8. Severability. Should any part, provision, or term of this Ordinance be deemed unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such finding or determination shall not affect the rest and remainder of the Ordinance or any part, provision or term thereof, all of which is hereby deemed separable. This Ordinance takes effect and is in full force only after the County Council has approved this Ordinance following three readings and a public hearing. ATTEST: Connie Y. Haselden, Clerk to County Council Approved as to Form and Content D. Malloy McEachin, Jr., County Attorney FLORENCE COUNTY COUNCIL: Kent C. Caudle, Chairman draft COUNCIL VOTE: OPPOSED: ABSENT: DM: v

127 EXHIBIT A Project Property Legal Description [ENTER] draft A-1 115

128 EXHIBIT B Fee Agreement [Attached] draft B-1 116

129 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: Ordinance No /18 Second Reading DEPARTMENT: Administration Finance Department ISSUE UNDER CONSIDERATION: [An Ordinance To Provide For The Issuance And Sale Of A Not Exceeding One Million Dollar ($1,000,000) General Obligation Bond Of Florence County, South Carolina (Florence County Fire Protection District), To Prescribe The Purposes For Which The Proceeds Of Said Bond Shall Be Expended, To Provide For The Payment Of Said Bond, And Other Matters Relating Thereto.] POINTS TO CONSIDER: 1. The proceeds of this bond will be combined with approximately $1,000,000 in CPST2 funds (for a total of approximately $2,000,000) for the construction of a new fire station for the West Florence Volunteer Fire Department to be constructed in the Pine Needles Road area. 2. The issuance of this bond will also result in an increase of approximately $1,000,000 in the fund balance for the Fire and First Responder Fund (Fund 37). The current budget for this fund for FY2018/19 uses $1,000,000 in revenue to be used for the construction of this station. Since this amount will be funded by the issuance of a bond, this amount will be added to the fund balance of Fund 37, giving this fund a more appropriate level of fund balance by the end of FY2018/19. FUNDING FACTORS: 1. The annual debt service on these bonds will be funded by approximately 0.5 mill increase in the Fire and First Responder Debt Service Fund (Fund 49). Even with this small increase, the millage rate for this fund for FY2018/19 will be 4.4 mills, which is a 3.0 mill decrease from the 7.4 mill level in FY2017/18. OPTIONS: 1. (Recommended) Approve Second Reading of Ordinance No / Provide An Alternate Directive. ATTACHMENTS: Proposed Ordinance No /18 117

130 Sponsor(s) : Finance First Reading : May 17, 2018 I,, Committee Referral : N/A Council Clerk, certify that this Committee Consideration Date : N/A Ordinance was advertised for Committee Recommendation : N/A Public Hearing on. Second Reading : June 21, 2018 Public Hearing : June 21, 2018 Third Reading : July 19, 2018 Effective Date : Immediately ORDINANCE NO /18 COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT FOR FLORENCE COUNTY AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF A NOT EXCEEDING ONE MILLION DOLLAR ($1,000,000) GENERAL OBLIGATION BOND OF FLORENCE COUNTY, SOUTH CAROLINA (FLORENCE COUNTY FIRE PROTECTION DISTRICT), TO PRESCRIBE THE PURPOSES FOR WHICH THE PROCEEDS OF SAID BOND SHALL BE EXPENDED, TO PROVIDE FOR THE PAYMENT OF SAID BOND, AND OTHER MATTERS RELATING THERETO. draft HSB v.1 118

131 TABLE OF CONTENTS ARTICLE I FINDINGS OF FACT Section 1.01 Findings Section 1.02 Statutory Authorization... 1 Section 1.03 Recital of Applicable Constitutional Provisions Section 1.04 Holding of Public Hearing and Notice Thereof Section 1.05 Ability to Meet Arbitrage Requirements... 2 ARTICLE II DEFINITIONS AND AUTHORITY Section 2.01 Definitions Section 2.02 Construction ARTICLE III ISSUANCE OF BOND Section 3.01 Ordering the Issuance of the Bond Section 3.02 Maturity Schedule of Bond Section 3.03 Medium of Payment; Form and Denomination of Bond; Place of Payment of Principal Section 3.04 Execution and Authentication Section 3.05 Exchange of the Bond Section 3.06 Transferability and Registry Section 3.07 Transfer of the Bond Section 3.08 Regulations with Respect to Exchanges and Transfers Section 3.09 Mutilated, Destroyed, Lost and Stolen Bond Section 3.10 Holder As Owner of Bond Section 3.11 Cancellation of the Bond Section 3.12 Payments Due on Saturdays, Sundays and Holidays Section 3.13 Tax Exemption in South Carolina Section 3.14 Order to Levy Ad Valorem Taxes to Pay Principal and Interest of Bond... 8 Section 3.15 Notice to Auditor and Treasurer Section 3.16 Form of Bond draft ARTICLE IV REDEMPTION OF BOND Section 4.01 Redemption of Bond ARTICLE V SALE OF BOND Section 5.01 Award of Bond Section 5.02 Notice of Private Sale HSB v.1 -i- 119

132 TABLE OF CONTENTS (continued) Page ARTICLE VI DISPOSITION OF PROCEEDS OF SALE OF BOND Section 6.01 Disposition of Bond Proceeds Including Temporary Investments ARTICLE VII DEFEASANCE OF BOND Section 7.01 Discharge of Ordinance - Where and How the Bond is Deemed to have been paid and Defeased ARTICLE VIII CERTAIN TAX CONSIDERATIONS Section 8.01 Covenants to Comply with Requirements of the Code Section 8.02 Ability to Meet Arbitrage Requirements Section 8.03 Qualified Tax-Exempt Obligation ARTICLE IX MISCELLANEOUS Section 9.01 Savings Clause Section 9.02 Successors Section 9.03 Ordinance to Constitute Contract Section 9.04 Filing of Copies of Ordinance Section 9.05 Continuing Disclosure Covenant Section 9.06 Further Action by Officers of County Section 9.07 Effective Date of Ordinance EXHIBIT A NOTICE OF PUBLIC HEARING EXHIBIT B FORM OF BOND EXHIBIT C NOTICE OF PRIVATE SALE EXHIBIT D OFFICIAL NOTICE OF SALEdraft HSB v.1 -ii- 120

133 BE IT ORDAINED BY THE FLORENCE COUNTY COUNCIL IN MEETING DULY ASSEMBLED: ARTICLE I FINDINGS OF FACT Section 1.01 Findings. As an incident to the adoption of this Ordinance, the Florence County Council (the Council ), the governing body of Florence County, South Carolina (the County ), finds that the facts set forth in this Article exist and the statements made with respect thereto are in all respects true and correct: 1. By Ordinance No /14, the Council established and created a fire protection district known as the Florence County Fire Protection District (the District). 2. Pursuant to the Enabling Ordinance, the District was created in order to provide fire protection within the District and to provide a means for the financing of improvements to the District. 3. After due investigation, the Council has determined that in order to carry out the purposes of the Enabling Ordinance, and to provide adequate fire protection within the District it is necessary to acquire (including acquisition of real property), construct, furnish, and equip vehicles and other equipment for use by the District, including without limitation a new headquarters for West Florence fire station (the Project ). It is presently estimated that a portion of the cost of the Project not payable from other funds available to the County and the cost of issuance of a general obligation Bond issued to finance such Equipment will be approximately $1,000,000. The Council has thus determined to issue a general obligation Bond of the County in an amount not to exceed $1,000,000 to finance the cost of the Project and the cost of issuance of such Bond. Section 1.02 Statutory Authorization Section of the Code of Laws of South Carolina, 1976, as amended, authorizes the County to issue general obligation bonds to establish, maintain and operate fire protection districts and to construct, acquire and build necessary fire stations within such districts, to acquire sites for such stations, and to acquire all necessary equipment and apparatus for the provision of fire protection service. Section 1.03 Recital of Applicable Constitutional Provisions. draft Pursuant to the provisions of paragraph (7) of Section 14 of Article X of the South Carolina Constitution, the County is authorized to issue general obligation debt which is incurred pursuant to and within the limitations described by Section 12 of Article X. In accordance with the provisions of Section 12 of Article X and pursuant to the provisions of this Ordinance, the Council shall impose upon all taxable property within the District an ad valorem tax in an amount designed to provide debt service on the Bond authorized hereby. Further, pursuant to the provisions of Section 12 and paragraph (7) of 14 of Article X, debt incurred in this manner is not to be considered in computing the general obligation debt limit of the County. HSB v

134 Section 1.04 Holding of Public Hearing and Notice Thereof. Pursuant to the provisions of Section of the Code of Laws of South Carolina, 1976, as amended, a public hearing, after giving reasonable notice, is required to be conducted prior to the third and final reading of this Ordinance by Council. In accordance with this provision, a public hearing shall be conducted and due notice shall be provided as required by said Section The form of the notice to be published shall be substantially as set forth as Exhibit A attached hereto. Section 1.05 Ability to Meet Arbitrage Requirements. Careful consideration has be given to the time in which the expenditures of the proceeds of the Bond authorized hereby will be made, and it has been ascertained that all of the money received from the proceeds of the Bond will be expended within the limitations imposed by Section 148(c) of the Internal Revenue Code of 1986, as amended, so that the Council will be able to certify upon reasonable grounds that the Bond is not an arbitrage Bond within the meaning of Section 148(c) of the Internal Revenue Code of 1986, as amended. * * * draft HSB v

135 ARTICLE II DEFINITIONS AND AUTHORITY Section 2.01 Definitions. As used in this Ordinance, unless the context shall otherwise require, the following terms shall have the following respective meanings: Authorized Investments means any securities which are authorized legal investments for political subdivisions pursuant to the Code of Laws of South Carolina. Authorized Officer means the Chairman, or the Vice-Chairman of the Council and any other officer or employee of the Council designated from time to time as an Authorized Officer by resolution of the Council, and when used with reference to any act or document also means any other person authorized by resolution of the Council to perform such act or sign such document. Bond means the Bond issued in accordance with the provisions of this Ordinance. Bondholder or Holder or Holder of Bond or Owner or similar term means, when used with respect to the Bond means any person who shall be registered as the owner of the Bond outstanding. Bond Payment means the annual payments of principal of and semi-annual payments of interest on the Bond or such other date or dates for payment of principal and interest on the Bond as determined by the County Administrator pursuant to Section 3.02 hereof. Bond Payment Date means each date on which the Bond Payment shall be payable. Council means the Florence County Council, South Carolina, the governing body of said County or any successor governing body of said County. County means Florence County, South Carolina. draft District means the Florence County Fire Protection District. Enabling Act means Chapter 19, Title 4, Code of Laws of South Carolina, 1976, as amended and supplemented by Act No. 113 of the 1999 Acts of the South Carolina General Assembly. Government Obligations means and includes direct general obligations of the United States of America or agencies thereof or obligations, the payment of principal or interest on which is fully and unconditionally guaranteed by the United States of America. Holder means the registered owner, from time to time, of the Bond as shown on the registration books of the County maintained by the Registrar. Ordinance shall mean this ordinance of County Council authorizing the issuance of the Bond. Outstanding, when used in this Ordinance with respect to the Bond, means as of any date, the Bond theretofore delivered pursuant to this Ordinance except: HSB v

136 date; (a) any Bond cancelled or delivered to the Registrar for cancellation on or before such (b) any Bond deemed to have been paid in accordance with the provisions of Section 7.01 hereof and; (c) any Bond in lieu of or in exchange for which another Bond shall have been authenticated and delivered pursuant to Section 3.11 of this Ordinance. Paying Agent means the County Treasurer of Florence County. Person means an individual, a partnership, a corporation, a trust, a trustee, an unincorporated organization, or a government or an agency or political subdivision thereof. Section 2.02 Record Date means the 15th day immediately preceding each Bond Payment Date. Registrar means the County, acting through the Clerk to County Council. Construction. In this Ordinance, unless the context otherwise requires: 1. Articles and Sections referred to by number shall mean the corresponding Articles and Sections of this Ordinance. 2. The terms hereby, hereof, hereto, herein, hereunder and any similar terms refer to this Ordinance, and the term hereafter shall mean after, and the term heretofore shall mean before, the date of adoption of this Ordinance. 3. Words of the masculine gender shall mean and include correlative words of the female and neuter genders, and words importing the singular number shall mean and include the plural number and vice versa. draft 4. Any fiduciary shall be deemed to hold an Authorized Investment in which money is invested pursuant to the provisions of this Ordinance, even though such Authorized Investment is evidenced only by a book entry or similar record of investment. * * * HSB v

137 ARTICLE III ISSUANCE OF BOND Section 3.01 Ordering the Issuance of the Bond. Pursuant to the provisions of the Enabling Act, and for the purpose of obtaining funds to defray the costs of the Project described in Section 1.01 hereof, there shall be issued a not exceeding One Million Dollar ($1,000,000) general obligation bond of the County, designated General Obligation Bond, Series 2018, of Florence County, South Carolina (Florence County Fire Protection District). The County Administrator of the County (the County Administrator ) is hereby authorized, in consultation with the District, to determine the exact principal amount of the issue authorized hereby based upon the cost of the Project described in Section 1.01(4) hereof, the cost of issuance of the Bond, and the acceptable level of millage to be levied in the District for the payment of the Bond. Section 3.02 Maturity Schedule of Bond. The Bond shall be dated as of the date of its delivery and shall bear interest from its dated date. The County Administrator is authorized to determine and designate the schedule for payment of the principal and interest installments of the Bond, provided, however, that the final maturity of the principal on the Bond shall be due not more than fifteen (15) years from the date of issuance of the Bond and the first Bond Payment Date is not more than 12 months from the date of issuance of the Bond. Section 3.03 Medium of Payment; Form and Denomination of Bond; Place of Payment of Principal. (a) The Bond shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. (b) draft The Bond shall be issued in the form of one (1) fully registered bond. (c) The Bond Payments shall be payable to the Person appearing on each Record Date on the registration books of the County, which books shall be held by the County as Registrar as provided in Section 3.06 hereof, as the registered owner thereof, by check or draft mailed to such registered owner at his address as it appears on such registration books in sufficient time to reach such registered owner on the Bond Payment Dates. Payment of the final Bond Payment shall be made when the same is due and payable upon the presentation and surrender for cancellation of the Bond. Section 3.04 Execution and Authentication. (a) The Bond shall be executed in the name and on behalf of the County by the manual signature of an Authorized Officer or Officers, with its corporate seal impressed, imprinted or otherwise reproduced thereon, and attested by the manual signature of its Secretary or other Authorized Officer (other than the officer or officers executing the Bond). The Bond may bear the manual signature of any person who shall have been such an Authorized Officer authorized to sign the Bond at the time such Bond was so executed, and shall bind the County notwithstanding the fact that his or her authorization may have ceased prior to the authentication and delivery of the Bond. (b) The Bond shall not be valid or obligatory for any purpose nor shall it be entitled to any right or benefit hereunder unless there shall be endorsed on the Bond a certificate of authentication in the form set forth in this Ordinance, duly executed by the manual signature of the Registrar, and such certificate HSB v

138 of authentication upon any Bond executed on behalf of the County shall be conclusive evidence that the Bond so authenticated has been duly issued hereunder and that the Holder thereof is entitled to the benefit of the terms and provisions of the Resolution. Section 3.05 Exchange of the Bond. The Bond, upon surrender thereof at the office of the Registrar with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered Holder or his duly authorized attorney, may, at the option of the registered Holder thereof, be exchanged for a new Bond of the same interest rate and maturity. So long as the Bond remains Outstanding, the County shall make all necessary provisions to permit the exchange of the Bond. Such new Bond shall reflect the principal amount thereof as then yet unpaid. Section 3.06 Transferability and Registry. The Bond shall at all times, when the same is Outstanding, be payable to a Person, and shall be transferable only in accordance with the provisions for registration and transfer contained in this Ordinance and in the Bond. So long as the Bond remains Outstanding, the County, as Registrar, shall maintain and keep, at its administrative office, books for the registration and transfer of the Bond, and, upon presentation thereof for such purpose at such office, the County shall register or cause to be registered therein, and permit to be transferred thereon, under such reasonable regulations as it may prescribe, such Bond. So long as the Bond remains Outstanding, the County shall make all necessary provisions to permit the transfer of such Bond at its administrative office. Section 3.07 Transfer of the Bond. The Bond shall be transferable only upon the books of the Registrar, upon presentation and surrender thereof by the Holder of the Bond in person or by his attorney duly authorized in writing, together with a written instrument of transfer satisfactory to the Registrar duly executed by the registered Holder or his duly authorized attorney. Upon surrender for transfer of the Bond, the County shall execute, authenticate and deliver, in the name of the Person who is the transferee, a new Bond of the same principal amount and maturity and rate of interest as the surrendered Bond. Such new Bond shall reflect the principal amount thereof as then yet unpaid. Section 3.08 draft Regulations with Respect to Exchanges and Transfers. The Bond surrendered in any exchange or transfer shall forthwith be cancelled by the Registrar. For each such exchange or transfer of the Bond, the Registrar may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the Holder requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The County shall not be obligated to issue, exchange or transfer the Bond during the 15 days next preceding any (a) Bond Payment Date, or (b) date upon which the Bond will be redeemed. Section 3.09 Mutilated, Destroyed, Lost and Stolen Bond. (a) If the Holder surrenders a mutilated Bond to the Registrar or the Registrar receives evidence to its satisfaction of the destruction, loss or theft of the Bond, and there is delivered to the Registrar such security or indemnity as may be required by it to save it harmless, then, in the absence of notice that the Bond has been acquired by a bona fide purchaser, the County shall execute and deliver, in exchange for the mutilated Bond or in lieu of any such destroyed, lost or stolen Bond, a new Bond of like tenor, maturity HSB v

139 and interest rate bearing a number unlike that of such mutilated, destroyed, lost or stolen Bond, and shall thereupon cancel any such mutilated Bond so surrendered. In case any such mutilated, destroyed, lost or stolen Bond has become or is to become due for final payment within one year, the County in its discretion may, instead of issuing a new Bond, pay the Bond. (b) Upon the issuance of any new Bond under this Section 3.09, the County may require the payment of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto and any other expenses, including counsel fees or other fees, of the County or the Registrar connected therewith. (c) Each new Bond issued pursuant to this Section in lieu of any destroyed, lost or stolen Bond, shall constitute an additional contractual obligation of the County, whether or not the destroyed, lost or stolen Bond shall at any time be enforceable by anyone, and shall be entitled to all the benefits hereof equally and proportionately with the Bond duly issued pursuant to the Resolution. (d) The Bond shall be held and owned upon the express condition that the foregoing provisions are exclusive with respect to the replacement or payment of the mutilated, destroyed, lost or stolen Bond and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement or payment of the mutilated, destroyed, lost or stolen Bond or securities. Section 3.10 Holder As Owner of Bond. In its capacity as Registrar, the County may treat the Holder of the Bond as the absolute owner thereof, whether the Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the Bond Payment on the Bond and for all other purposes, and payment of the Bond Payment shall be made only to, or upon the order of, such Holder. All payments to such Holder shall be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid, and the County shall not be affected by any notice to the contrary. Section 3.11 Cancellation of the Bond. The Registrar shall destroy the Bond when the same shall be surrendered to it for cancellation. In such event, the Bond shall no longer be deemed Outstanding under this Ordinance and no Bond shall be issued in lieu thereof. Section 3.12 draft Payments Due on Saturdays, Sundays and Holidays. In any case where the Bond Payment Date shall be a Saturday or Sunday or shall be, at the place designated for payment, a legal holiday or a day on which banking institutions are authorized by law to close, then payment of the Bond Payment need not be made on such date but may be made on the next succeeding business day not a Saturday, Sunday or a legal holiday or a day upon which banking institutions are authorized by law to close, with the same force and effect as if made on the Bond Payment Date and no interest shall accrue for the period after such date. Section 3.13 Tax Exemption in South Carolina. The Bond Payments shall be exempt from all State, county, municipal, school district, and all other taxes or assessments of the State of South Carolina, direct or indirect, general or special, whether imposed for the purpose of general revenue or otherwise, except inheritance, estate, transfer or certain franchise taxes. HSB v

140 Section 3.14 Order to Levy Ad Valorem Taxes to Pay Principal and Interest of Bond. For the payment of principal of and interest on the Bond as the same become due and for the creation of such sinking fund as may be necessary therefor, the full faith, credit and taxing power of the County are hereby irrevocably pledged. Pursuant to the provisions of Section 12 of Article X of the Constitution there shall be levied an ad valorem tax upon all taxable property located within the District sufficient to pay the principal of and interest on the Bond as the same become due and to create such sinking fund as may be necessary therefor. Section 3.15 Notice to Auditor and Treasurer. The Auditor and Treasurer of Florence County, South Carolina, shall be notified of the adoption of this Ordinance and directed to levy and collect annually upon all taxable property within the District ad valorem property taxes in an amount sufficient to pay the principal of and interest on the Bond as the same become due and to create such sinking fund as may be necessary therefor. Section 3.16 Form of Bond. The form of the Bond, and registration provisions to be endorsed thereon shall be substantially as set forth in Exhibit B attached hereto and made a part of this Ordinance. * * * draft HSB v

141 ARTICLE IV REDEMPTION OF BOND Section 4.01 Redemption of Bond. The Bond may be made subject to redemption prior to maturity in the discretion of the County Administrator upon such terms as may be agreed upon by the County Administrator and the purchaser of the Bond. * * * draft HSB v

142 ARTICLE V SALE OF BOND Section 5.01 Award of Bond. The County Administrator is hereby authorized to solicit bids for the purchase of the Bond at a price not less than par from at least three (3) financial institutions, and to award the Bond to the financial institution offering to purchase it with the lowest net interest cost. Net interest cost shall consist of the total interest to be paid on the Bond from the date of its delivery until its final maturity, less any cash premium offered therefor. Section 5.02 Notice of Private Sale. As required by Section (4) of the Code of Laws of South Carolina, 1976, as amended, there shall be published in a newspaper of general circulation within the County a notice of private sale, which publication shall take place not less than seven (7) days prior to the delivery of the bond authorized hereby. The form of such notice is attached hereto as Exhibit C. In the event the County Administrator and the County Finance Director determine that the maturity of the Bond shall exceed ten (10) years pursuant to Section 3.02 hereof, the Bond shall be sold at public sale at a price of not less than par and accrued interest, if any, to the date of delivery. Bids for the Bond shall be received until such time and on such date to be selected by the County Administrator. The Bond shall be advertised for sale, in the discretion of the County Administrator, in THE BOND BUYER, a financial journal published in the City of New York, or in THE STATE, a newspaper of general circulation in the State of South Carolina, and which shall appear at least once, not less than seven (7) days before the date set for said sale. The form of the Notice of Sale shall be substantially as set forth in Exhibit D attached hereto and the conditions of sale of the Bond shall be as set forth in the Notice of Sale; provided, however, that a summary notice of sale may be published in lieu of the Official Notice of Sale. draft * * * HSB v

143 ARTICLE VI DISPOSITION OF PROCEEDS OF SALE OF BOND Section 6.01 Disposition of Bond Proceeds Including Temporary Investments. The proceeds derived from the sale of the Bond shall be paid to the Treasurer of Florence County, to be deposited in a separate Bond Account, and shall be expended and made use of by the Council to defray the cost of issuing the Bond and to defray the costs of acquiring the Project described in Section 1.01 hereof. Pending the use of Bond proceeds, the same shall be invested and reinvested by the Treasurer of Florence County in Authorized Investments. All earnings from such investments shall be applied, at the direction of the Council, either (1) to defray the cost of the undertakings for which the Bond is issued and if not required for this purpose, then (2) to pay the first maturing installments of interest on the Bond from the proceeds of which such earnings were derived; if any balance remains, it shall be held by the Treasurer of Florence County in a special fund, invested in Government Obligations with a yield not in excess of the yield on such Bond and used to effect the retirement thereof. Neither the purchaser nor Holder of the Bond shall be liable for the proper application of the proceeds thereof. * * * draft HSB v

144 ARTICLE VII DEFEASANCE OF BOND Section 7.01 Discharge of Ordinance - Where and How the Bond is Deemed to have been paid and Defeased. If the Bond and the interest thereon shall have been paid and discharged, then the obligations of the County under this Ordinance and all other rights granted hereby shall cease and determine. The Bond shall be deemed to have been paid and discharged within the meaning of this Article under each of the following circumstances, viz.: (1) A third party fiduciary, which shall be any bank, trust company or national banking association which is authorized to provide corporate trust services (the Fiduciary ), shall hold, in trust and irrevocably appropriated thereto, sufficient moneys for the payment of all Bond Payments due thereunder; or (2) If default in the payment of the Bond Payment due shall have occurred on any Bond Payment Date, and thereafter tender of such payment shall have been made, and at such time the Fiduciary shall hold in trust and irrevocably appropriated thereto, sufficient moneys for the payment thereof to the date of the tender of such payment; or (3) If the County shall elect to provide for the payment of the Bond prior to its stated maturity and shall have deposited with the Fiduciary, in an irrevocable trust, moneys which shall be sufficient, or Government Obligations, the principal of and interest on which when due will provide moneys, which together with moneys, if any, deposited with the Fiduciary at the same time, shall be sufficient to pay when due the Bond Payments due and to become due, together with any redemption premium applicable thereto. draft Neither the Government Obligations nor moneys deposited with the Fiduciary pursuant to this Section nor the Bond Payments thereon shall be withdrawn or used for any purpose other than, and shall be held in trust for, the payment of the Bond Payments and redemption premium, if any, on the Bond; provided that any cash received from such principal or interest payments on Government Obligations deposited with the Fiduciary, if not then needed for such purpose, shall to the extent practicable be invested and reinvested in Government Obligations maturing at times and in amounts sufficient to pay when due the Bond Payments and redemption premium, if any, to become due on the Bond on and prior to the Bond Payment Dates thereof, and interest earned from such reinvestments not required for the payment of the Bond Payments and redemption premium, if any, may be paid over to the County, free and clear of any trust, lien or pledge. * * * HSB v

145 ARTICLE VIII CERTAIN TAX CONSIDERATIONS Section 8.01 Covenants to Comply with Requirements of the Code. The County hereby represents and covenants that it will comply with all requirements of the Code, and that it will not take any action which will, or fail to take any action (including, without limitation, filing the required information reports with the Internal Revenue Service) which failure will, cause interest on the Bond to become includable in the gross income of the Holder thereof for federal income tax purposes pursuant to the provisions of the Code and regulations promulgated thereunder in effect on the date of original issuance of each of the Bond. Without limiting the generality of the foregoing, the County represents and covenants that: 1. All property provided by the net proceeds of the Bond will be owned by the County in accordance with the rules governing the ownership of property for federal income tax purposes. 2. The County shall not permit the proceeds of the Bond or any facility financed with the proceeds of the Bond to be used in any manner that would result in (a) ten percent (10%) or more of such proceeds being considered as having been used directly or indirectly in any trade or business as provided in Section 141(b) of the Code, or (b) five percent (5%) or more of such proceeds being considered as having been used directly or indirectly to make or finance loans to any person other than a governmental unit as provided in Section 141(c) of the Code. 3. The County is not a party to nor will it enter into any contracts with any person for the use or management of any facility provided with the proceeds of the Bond that do not conform to the guidelines set forth in Revenue Procedure The County will not sell or lease the Project or any property provided by the Bond to any person unless it obtains the opinion of nationally recognized bond counsel that such lease or sale will not affect the tax exemption of the Bond. 5. The Bond will not be federally guaranteed within the meaning of Section 149(b) of the Code. The County is not a party to any leases or sales or service contracts with any federal government agency with respect to the projects and will not enter into any such leases or contracts unless it obtains the opinion of nationally recognized bond counsel that such action will not affect the tax exemption of the Bond. Section 8.02 Ability to Meet Arbitrage Requirements. draft Careful consideration has been given to the time in which the expenditures will be made. It has been ascertained that all of the money received from the proceeds of the Bonds will be expended within the limitations imposed by Section 148 of the Code and the Treasury regulations promulgated pursuant thereto. Accordingly, the Council will be able to certify upon reasonable grounds that the Bonds herein provided for are not arbitrage bonds within the meaning of Section 148 of the Code. Section 8.03 Qualified Tax-Exempt Obligation. The Council reasonably expects that the County and all entities subordinate thereto will not issue tax-exempt obligations in calendar year 2018 in principal amount exceeding $10,000,000; accordingly, the County hereby designates the Bond as a qualified tax exempt obligation within the meaning of Section 265(b)(3)(B) of the Code. * * * HSB v

146 ARTICLE IX MISCELLANEOUS Section 9.01 Savings Clause. If any one or more of the covenants or agreements provided in this Ordinance should be contrary to law, then such covenant or covenants or agreement or agreements shall be deemed severable from the remaining covenants and agreements, and shall in no way affect the validity of the other provisions of this Ordinance. Section 9.02 Successors. Whenever in this Ordinance the County is named or referred to, it shall be deemed to include any entity, which may succeed to the principal functions and powers of the County, and all the covenants and agreements contained in this Ordinance or by or on behalf of the County shall bind and inure to the benefit of said successor whether so expressed or not. Section 9.03 Ordinance to Constitute Contract. In consideration of the purchase and acceptance of the Bond by those who shall purchase and hold the same from time to time, the provisions of this Ordinance shall be deemed to be and shall constitute a contract between the County and the Holders from time to time of the Bond, and such provisions are covenants and agreements with such Holders which the County hereby determined to be necessary and desirable for the security and payment thereof. The pledge hereof and the provisions, covenants, and agreements herein set forth to be performed on behalf of the County shall be for the benefit, protection, and security of the Holders of the Bond. Section 9.04 Filing of Copies of Ordinance. Copies of this Ordinance shall be filed in the offices of the Council, and in the office of the Clerk of Court for Florence County (as a part of the Transcript of Proceedings). Section 9.05 Continuing Disclosure Covenant. draft Pursuant to Section of the Code of Laws of South Carolina 1976, as amended, the County covenants to file with a central repository for availability in the secondary bond market when requested: (a) An annual independent audit, within thirty days of the County's receipt of the audit; and (b) Event specific information within thirty days of an event adversely affecting more than five percent of revenue or the County's tax base. The only remedy for failure by the County to comply with the covenant in this Section 9.05 shall be an action for specific performance of this covenant. The County specifically reserves the right to amend this covenant to reflect any change in Section , without the consent of any Bondholder. HSB v

147 Section 9.06 Further Action by Officers of County. The proper officers of the County are fully authorized and empowered to take the actions required to implement the provisions of this Ordinance and to furnish such certificates and other proofs as may be required of them, which includes but is not limited to providing the notice and conducting the public hearing described in Section 1.04 hereof. In the absence of any officer of the County Council herein authorized to take any act or make any decision, the County Administrator is hereby authorized to take any such act or make any such decision. Section 9.07 Effective Date of Ordinance. This Ordinance shall take effect upon its third reading and shall be forthwith codified in the Code of County Ordinances and indexed under the general heading AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF A NOT EXCEEDING ONE MILLION DOLLAR ($1,000,000) GENERAL OBLIGATION BOND OF FLORENCE COUNTY, SOUTH CAROLINA (FLORENCE COUNTY FIRE PROTECTION DISTRICT), TO PRESCRIBE THE PURPOSES FOR WHICH THE PROCEEDS OF SAID BOND SHALL BE EXPENDED, TO PROVIDE FOR THE PAYMENT OF SAID BOND, AND OTHER MATTERS RELATING THERETO. DONE IN MEETING DULY ASSEMBLED, this 19 th day of July, ATTEST: FLORENCE COUNTY COUNCIL: Connie Y. Haselden, Clerk to County Council Kent C. Caudle, Chairman COUNCIL VOTE: OPPOSED: Approved as to Form and Content ABSENT: D. Malloy McEachin, Attorneydraft Jr., County HSB v

148 Exhibit A NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Florence County Council will conduct a public hearing on the proposed adoption of an Ordinance entitled AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF A NOT EXCEEDING ONE MILLION DOLLAR ($1,000,000) GENERAL OBLIGATION BOND OF FLORENCE COUNTY, SOUTH CAROLINA (FLORENCE COUNTY FIRE PROTECTION DISTRICT), TO PRESCRIBE THE PURPOSES FOR WHICH THE PROCEEDS OF SAID BOND SHALL BE EXPENDED, TO PROVIDE FOR THE PAYMENT OF SAID BOND, AND OTHER MATTERS RELATING THERETO in County Council Chambers, located on the 8th Floor, Room 803 in the County Complex at 180 North Irby Street, Florence, South Carolina at 9:00 a.m. on Thursday, June 21, 2018, in conjunction with a regularly scheduled meeting of the County Council. For the payment of the principal of and interest on the Bond authorized by said Ordinance, there shall be pledged the full faith, credit and taxing power of Florence County and there shall be levied on all taxable property within the Florence County Fire Protection District (the District ) ad valorem taxes sufficient in amount to pay said principal and interest on the Bond. Proceeds of the Bond shall be applied to the cost of acquiring (including acquisition of real property), constructing, furnishing, and equipping vehicles and other equipment for use by the District, including without limitation a new headquarters for West Florence fire station within the District. Subject to the normal rules of County Council regarding appearances, members of the public are invited to attend and make comment concerning the proposed Ordinance or submit comments in writing to the Clerk to Council. Florence County accommodates individuals needing assistance to participate in programs, services, or activities sponsored by the County in compliance with ADA/Section 504. draft Connie Y. Haselden Clerk, Florence County Council HSB v.1 A

149 Exhibit B (FORM OF BOND) UNITED STATES OF AMERICA STATE OF SOUTH CAROLINA COUNTY OF FLORENCE GENERAL OBLIGATION BOND, SERIES 2018 (FLORENCE COUNTY FIRE PROTECTION DISTRICT) No. 1 Registered Holder: Principal Amount: ONE MILLION DOLLARS ($1,000,000) FLORENCE COUNTY, SOUTH CAROLINA (the County ), a public body corporate and politic and a political subdivision of the State of South Carolina (the State ), created and existing by virtue of the laws of the State, acknowledges itself indebted and for value received hereby promises to pay, solely as hereinafter provided, to the Registered Holder named above or registered assigns, the Principal Amount stated above and to pay interest on such principal sum at the annual Rate of Interest stated above (calculated on the basis of a 360-day year of twelve 30-day months) until the County s obligation with respect to the payment of such Principal Amount shall be discharged. This Bond is issuable as a single, fully registered Bond, and is payable as to principal and interest as shown below: Principal Calendar Due Interest Due Interest Due Total Year Oct. 1 Apr.1 Oct. 1 Due TOTAL draft Payments of principal and interest hereunder shall be payable by check or draft mailed to the person in whose name this Bond is registered on the registration books of the County at the close of business on the fifteenth day of the month next preceding each Bond Payment date. Both the principal of and interest on this Bond is payable in any coin or currency of the United States of America which, at the time of payment, is legal tender for the payment of public and private debts. This Bond is not subject to redemption prior to HSB v.1 B

150 maturity. This bond shall not be valid or obligatory for any purpose until the Certificate of Authentication hereon shall have been duly executed by the Registrar. This Bond is issued pursuant to and in accordance with the Constitution and Statutes of the State of South Carolina, including particularly the provisions of Chapter 15, Title 11, Code of Laws of South Carolina, 1976, as amended, and an Ordinance duly adopted by the County Council of Florence County (the Ordinance ). This Bond is not subject to redemption prior to its maturity. Certain capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Ordinance. Certified copies of the Ordinance are on file in the office of the Clerk of Court of Florence County and in the office of the County Council of Florence County. For the prompt payment of the Bond Payments as the same shall become due, the full faith, credit and taxing power of the County are irrevocably pledged. This Bond and the interest hereon are exempt from all State, county, municipal, school district, and all other taxes or assessments of the State of South Carolina, direct or indirect, general or special, whether imposed for the purpose of general revenue or otherwise, except inheritance, estate, transfer or certain franchise taxes. The Bond is issued in the form of one (1) fully registered Bond and is transferable, as provided in the Ordinance, only upon the registration books of the County kept for that purpose at the offices of the County by the registered Holder in person or by his duly authorized attorney upon, (i) surrender of this Bond together with a written instrument of transfer satisfactory to the Registrar duly executed by the registered holder or his duly authorized attorney, and (ii) payment of the charges, if any, prescribed in the Ordinance. Thereupon a new fully registered Bond of interest rate and like principal amount shall be issued to the transferee in exchange therefor as provided in the Ordinance. The County may deem and treat the person in whose name this Bond is registered as the absolute owner hereof for the purpose of receiving payment of the Bond Payment due hereon and for all other purposes. draft For every exchange or transfer of the Bond, the County may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer. It is hereby certified and recited that all acts, conditions and things required to exist, happen and to be performed precedent to and in the adoption of the Ordinance and in the issuance of the Bond in order to make the legal, valid and binding general obligation of the County in accordance with its terms, do exist, have been done, have happened and have been performed in regular and due form as required by law; and that the issuance of the Bond does not exceed or violate any constitutional, statutory or other limitation upon the amount of indebtedness prescribed by law. [Signatures appear on the following page] HSB v.1 B

151 IN WITNESS WHEREOF, FLORENCE COUNTY, SOUTH CAROLINA, has caused this bond to be signed by the manual signature of the Chairman of the Florence County Council, attested by the manual signature of the Clerk to the Florence County Council and the seal of the County impressed hereon. (SEAL) FLORENCE COUNTY, SOUTH CAROLINA ATTEST: Chairman, Florence County Council Clerk, Florence County Council CERTIFICATE OF AUTHENTICATION This Bond is the Bond of the issue described in the within mentioned Ordinance. Date of Authentication:, 2018 FLORENCE COUNTY, SOUTH CAROLINA as Registrar Clerk to Florence County Council draft HSB v.1 B

152 The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations. TEN COM - as tenants in common UNIF GIFT MIN ACT - TEN ENT - as tenants by the entireties (Cust) Custodian (Minor) JT TEN - as joint tenants with right of survivorship and not as tenants in common under Uniform Gifts to Minors Act (state) Additional abbreviations may also be used though not in above list. (FORM OF ASSIGNMENT) FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (Name and Address of Transferee) the within bond and does hereby irrevocably constitute and appoint attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed (Signature must be guaranteed by a participant in the Securities Transfer Agent Medallion Program (STAMP) draft (Authorized Officer) Notice: The signature to the assignment must correspond with the name of the registered owner as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. HSB v.1 B

153 Exhibit C NOTICE OF PRIVATE SALE Florence County, South Carolina will, on, 2018, deliver to its $ General Obligation Bond, Series 2018 (Florence County Fire Protection District) (the Bond ). The Bond, which was sold at par to, bears interest at a rate of percentum per annum ( %) and is payable by way of ( ) annual payments of principal plus semi-annual payments of interest as follows: Due Principal Due Interest Due Interest Due March 1 Oct. 1 Apr. 1 Oct Chairman, Florence County Council draft HSB v.1 C

154 EXHIBIT D OFFICIAL NOTICE OF SALE $1,000,000 GENERAL OBLIGATION BOND, SERIES 2018, FLORENCE COUNTY, SOUTH CAROLINA (FLORENCE COUNTY FIRE PROTECTION DISTRICT) Time and Place of Sale: NOTICE IS HEREBY GIVEN that sealed proposals, addressed to the undersigned, will be received by Florence County Council, the governing body of Florence County, South Carolina (the County ), until (local time) on,, 2018 at which time said proposals will be publicly opened in the Office of the County Administrator, County Complex, 180 N. Irby Street, 8 th Floor, Florence, South Carolina 29501, for the purchase of $1,000,000 GENERAL OBLIGATION BONDS, SERIES 2018, OF FLORENCE COUNTY, SOUTH CAROLINA (FLORENCE COUNTY FIRE PROTECTION DISTRICT) (the Bonds ). Details of the Bond: The Bond will be issued in the form of a single, fully registered bond. The Bond will mature as to principal as follows: [Date] Principal [Date] Principal of Year Amount of Year Amount draft The Bond will bear interest from the dated date thereof, which is expected be, 2018, and shall be payable on 1 and 1 of each year, commencing 1, 2019, until the Bond is paid in full. Interest will be calculated on the basis of a 360-day year consisting of 12 months of 30 days each. Both principal and interest will be payable in any coin or currency of the United States of America, which at the time of payment, is legal tender for the payment of public and private debts at the office of the County Treasurer of Florence County, South Carolina. Redemption Provisions: [Redemption provisions, if any.] Bid Requirements: Bidders are invited to name the single rate of interest which the Bond is to bear, and unless all bids are rejected, it will be awarded to the bidder offering to purchase it at the lowest net interest cost to the County at a price of not less than par and accrued interest to the date of delivery. Interest cost will be determined by deducting premium, if any, from the aggregate of interest on the Bond. Bidders are requested to present tabulations showing aggregate interest cost in dollars and cents, but such tabulations are not required and will not be regarded as a part of the bid. The right is reserved to reject all proposals, and to waive technicalities, but no auction sale will be conducted. HSB v.1 D

155 Proposals may be delivered by hand, by mail or by facsimile transmission to (843), but no proposal shall be considered which is not actually received by the County at the place, date and time appointed. The County shall not be responsible for any failure, misdirection or error in the means of transmission selected by any bidder. No agent or employee of the County will undertake to receive proposals by means of oral communication. The County is not liable for any costs incurred in the preparation, delivery, acceptance or rejection of any bid, including, without limitation, the providing of a bid security deposit. Bids will be accepted or rejected by p.m. (local time) on the day of the sale. No proposal for the purchase at a price less than par will be considered. Bid Form: Each hand delivered bid shall be enclosed in a sealed envelope and marked PROPOSAL FOR $1,000,000 GENERAL OBLIGATION BONDS, SERIES 2018, OF FLORENCE COUNTY, SOUTH CAROLINA (FLORENCE COUNTY FIRE PROTECTION DISTRICT) and should be directed to the undersigned at the address in the first paragraph hereof. Each bid shall be conditioned in accordance with this Official Notice of Sale. Security: The Bond shall constitute a binding general obligation of the County and the full faith, credit, resources and taxing power of the County are irrevocably pledged for the payment of the Bond. There shall be levied and collected annually in the same manner as all other county taxes are levied and collected, a tax, without limit, on all taxable property in the Florence County Fire Protection District (the District ) sufficient to pay the principal and interest of the Bond as it matures and to create such sinking fund as may be necessary therefor. Purpose: The Bond is issued for the purpose of providing funds for the purchase of fire-fighting equipment, vehicles and related equipment for use in the District related to fire protection and defraying the cost and expenses of issuance of the Bond. draft Legal Opinion: The Purchaser will be furnished with the Bond and an opinion on its validity by Haynsworth Sinkler Boyd, P.A., Attorneys at Law, Florence, South Carolina, bond counsel, and with the usual closing proofs, which will include (a) a certificate that there is no litigation threatened or pending to restrain the issuance or sale of said Bond, and (b) certificates establishing that the Bond is not an arbitrage bond, within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and the applicable regulations issued thereunder as in effect on the occasion of the delivery of the Bond. The Purchaser will also be furnished with the opinion of Haynsworth Sinkler Boyd, P.A. to the effect that the Bonds are qualified tax-exempt obligations within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. Delivery: The Bonds will be delivered at the expense of the County on or about, 2018, against payment in federal or other immediately available funds. Continuing Disclosure: In accordance with Section of the Code of Laws of South Carolina, 1976, as amended, the County has covenanted in the Bond Ordinance authorizing the issuance of the Bonds to file with a central repository for availability in the secondary bond market when requested an annual independent audit, within thirty (30) days of the County s receipt of the audit; and event-specific information within thirty (30) days of an event adversely affecting more than five percent (5%) of the County s revenue or tax base. The only remedy for failure by the County to comply with this covenant shall HSB v.1 D

156 be an action for specific performance. Moreover, the County has specifically reserved the right to amend the covenant to reflect any change in Section without the consent of any bondholder. Additional Information: Persons seeking information should communicate with Kevin V. Yokim, County Finance Director, Florence County, 180 N. Irby Street, MSC-H, Florence, South Carolina 29501, (telephone (843) ); the County s Financial Advisor, Amy Vitner, First Tryon Advisors, 1355 Greenwood Cliff, Suite 400, Charlotte, North Carolina (telephone (704) ); or Bond Counsel, Benjamin T. Zeigler, Esquire, Haynsworth Sinkler Boyd, P.A., 135 South Dargan Street, Florence, South Carolina (telephone (843) ). This Notice is given to evidence the County s intent to receive bids for and award the Bonds on the date stated above. Such sale may be postponed prior to the time bids are to be received and as published on Thomson Municipal Market Monitor, Bloomberg, or other electronic information service. If canceled, the sale may be thereafter rescheduled within 60 days of the date of the publication of this Official Notice of Sale, and notice of such rescheduled date of sale will be posted at least 48 hours prior to the time for receipt of bids on Thomson Municipal Market Monitor, Bloomberg, i-dealprospectus.com or other electronic information service. County Administrator Florence County, South Carolina draft HSB v.1 D

157 STATE OF SOUTH CAROLINA COUNTY OF FLORENCE I, the undersigned, Clerk of the Florence County Council ( County Council ), the governing body of Florence County, South Carolina, DO HEREBY CERTIFY: That the foregoing constitutes a true, correct and verbatim copy of an Ordinance adopted by the County Council on July 19, The Ordinance was read at three public meetings of the County Council on three separate days, May 17, 2018, June 21, 2018, and July 19, An interval of at least seven days occurred between each reading of the Ordinance. At each such meeting, a quorum of the County Council was present and remained present throughout the meeting. The meetings held on May 17, 2018, June 21, 2018, and July 19, 2018 were regular meetings of the County Council, for which notice had been previously given pursuant to and in conformity with Chapter 4, Title 30 of the Code of Laws of South Carolina 1976, as amended (the Freedom of Information Act ). The original of the Ordinance is duly entered in the permanent records of County Council, in my custody as Clerk. The Ordinance is now of full force and effect, and has not been modified, amended or repealed. IN WITNESS WHEREOF, I have hereunto set my Hand and the Seal of Florence County, South Carolina, this day of July, (SEAL) Clerk, Florence County Council, Florence County, South Carolina draft HSB v.1 145

158 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: Ordinance No /18 Introduction By Title Only DEPARTMENT: County Council ISSUE UNDER CONSIDERATION: [An Ordinance To Provide That A Public Referendum Be Held At The General Election In November, 2018 Pursuant To The Provisions Of S. C. Code Section To Determine Whether Or Not Temporary Permits May Be Issued To Allow The Possession, Sale, And Consumption Of Alcoholic Liquors By The Drink AND TO ALLOW THE SALE OF BEER AND WINE AT PERMITTED OFF-PREMISES LOCATIONS WITHOUT REGARD TO THE DAYS OR HOURS OF SALES In The County Of Florence.] POINTS TO CONSIDER: 1. Currently, the surrounding counties of Darlington, Marion, Horry and Georgetown allow permits as outlined in the proposed Ordinance. 2. The City of Florence and the City of Lake City currently allow on site consumption/sales so this would enable hotels and restaurants in the County to be competitive and minimize the likelihood of annexation. OPTIONS: 1. (Recommended) Introduce Ordinance No /18 By Title Only. 2. Provide An Alternate Directive. ATTACHMENTS: Proposed Ordinance No /18 Title 146

159 Sponsor(s) : County Council Introduction : June 21, 2018 I,, Committee Referral : Council Clerk, certify that the Committee Consideration Date : ad for a Public Hearing on this Committee Recommendation : Ordinance ran on:. Public Hearing : Second Reading : Third Reading : Effective Date : ORDINANCE NO /18 COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT FOR FLORENCE COUNTY An Ordinance To Provide That A Public Referendum Be Held At The General Election In November, 2018 Pursuant To The Provisions Of S. C. Code Section To Determine Whether Or Not Temporary Permits May Be Issued To Allow The Possession, Sale, And Consumption Of Alcoholic Liquors By The Drink AND TO ALLOW THE SALE OF BEER AND WINE AT PERMITTED OFF-PREMISES LOCATIONS WITHOUT REGARD TO THE DAYS OR HOURS OF SALES In The County Of Florence. draft 147

160 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: Boards & Commissions Florence City-County Civic Center Commission DEPARTMENT: County Council Councilman Alphonso Bradley ISSUE UNDER CONSIDERATION: Approve The Re-Appointment Of Carl McFadden To Serve On The Florence City- County Civic Center Commission Representing Florence County In Seat 2, With Appropriate Expiration Term. ATTACHMENTS: List of current County appointees to the Florence City-County Civic Center. 148

161 CITY-COUNTY CIVIC CENTER COMMISSION AUTHORITY: ORDINANCE #4-90/91, #15-94/95, # /11 APPOINTED BY: COUNTY COUNCIL: 5 MEMBERS CITY COUNCIL: 5 MEMBERS FLORENCE CITY MAYOR FLORENCE COUNTY COUNCIL CHAIRMAN COMMISSION: 1 MEMBER Thirteen (13) voting members and one ex-officio non-voting member, appointed as follows: five members, residents of City of Florence, appointed by the Florence City Council; five members, residents of Florence County, appointed by the Florence County Council; the Florence City Mayor and the Florence County Council Chairman, or their designee, with approval of the respective Council; one member, recommended by the Commission appointed by both City and County Councils; Civic Center Director shall be ex-officio, non-voting member. Terms are four years. SEAT APPOINTEE TERM TO EXPIRE 1 Mark Wade 6/ Larksput Road Florence, SC mark_wade@hotmail.com 2 Carl McFadden 6/ Wilmont Street Lake City, SC Carl.mcfadden@ymail 3 Osmona Cooper O 6/ Azalea Drive H Lake City, SC C 4 C. B. Askins, Jr. 6/2020 P O Box Lake City, SC Mary Dittman 6/ Woodbine Ave H Florence, SC MaryRDittman@gmail.com County Council Chairman Designee: Councilman Alphonso Bradley (01/19/17) Boards and Commissions 09/11/17 149

162 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: Boards & Commissions Commission on Litter Prevention & Beautification DEPARTMENT: County Council Councilman Jason M. Springs, District 1 ISSUE UNDER CONSIDERATION: Appoint Mattie Thomas To Serve On The Commission On Litter Prevention & Beautification, Representing Council District 1 with Appropriate Expiration Term. ATTACHMENTS: 1. List of current County appointees to the Commission On Litter Prevention & Beautification. 150

163 COMMISSION ON LITTER PREVENTION & BEAUTIFICATION AUTHORITY: Ordinance No /16 APPOINTED BY: County Council The Florence County Commission on Litter Prevention & Beautification shall consist of Nine (9) members. After initial staggered terms, terms shall be for four (4) years or until successors are appointed and qualified. COUNCIL APPOINTEE TERM TO EXPIRE DISTRICT 1 Vacant 6/ Vacant 6/ Tonya Jackson 6/ N. Sierra Range Florence, SC Vacant 6/ Margaret Waddell 6/ E. Cricklewood Dr. Florence, SC Margaretwaddell22@gmail.com 6 Vacant 6/2022 Developing Communities Commission May 17,

164 7 Ralph Allison, Jr. 6/ Sammy s Lane Florence, SC Vacant 6/ Vacant 6/2022 Developing Communities Commission May 17,

165 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: Boards & Commissions Pee Dee Mental Health Center Board of Directors DEPARTMENT: County Council ISSUE UNDER CONSIDERATION: Approve The Recommendation Of The Pee Dee Mental Health Center Board Of Directors For Nomination To The Governor The Re-Appointments of C. Rudy Guajardo, III Seat 4 And Lt. John E. Lochart Seat 5 To Serve On The Pee Dee Mental Health Center Board Of Directors, With Appropriate Expiration Terms. ATTACHMENTS: 1. Letter of recommendation from Dr. Gregory V. Browning, Chairman, Pee Dee Mental Health Center Board of Directors. 2. Current list of Board members. 153

166 MENTAL HEAL TH COMMISSION: Alison Y. Evans, PsyD, Chair Everard Rutledge, PhD, Vice Chair Beverly Cardwell Louise Haynes Bob Hiott, MEd J. Buxton Terry Sharon L. Wilson STATE DIRECTOR John H. Magill May 9, 2018 State of South Caroilna f})epartment of Menta{ J{ea{th The Honorable Kent C. Caudle, Chairman Florence County Council 180 North Irby Street, Room 803 Florence, South Carolina Pee Dee Mental Health Center 125 East Cheves Street Florence, SC Information: (843) Patrick M. Bresnan, MBA, Executive Director Dear Chairman Caudle: We are respectfully submitting the names of the following individuals for consideration and nomination to Governor Henry McMaster, for re-appointment to the Pee Dee Mental Health Board of Directors, representing Florence County. Seat# 4 C. Rudy Guajardo, Ill 2516 E. Spring Street Florence, South Carolina Appointed May 30, 2012 Term Commencing: 12/31/09-12/31/13 Re-appointed 12/31/13-12/31/17 Seat# 5 Lt. John E. Lochart 1711 Brandon Drive Florence, South Carolina Appointed 10/22/10 Term Commencing: 12/31/09-12/31/13 Re-appointed 12/31/13-12/31/17 We shall greatly appreciate your efforts to expedite this process of your recommendation to the Governor. Thank you for your continued interest and support. Yours truly, }j~j.b~/t6 Dr. Gregory V. Browning, Chairman Pee Dee Mental Health Board of Directors Cc: Members, PDMH Board of Directors Connie Haselden, Clerk to Council R ECEIVED MAY FLORENCE COUNTY COUNCIL MISSION STATEMENT To support the recovery of people with mental illnesses. l l)ll#jt~~~~r~ Mental Health 154

167 PEE DEE MENTAL HEALTH CENTER BOARD AUTHORITY: Sec , Code of Laws 1976 as amended (R175, H2682) APPOINTED BY: THE GOVERNOR MEMBERSHIP ROSTER Eight (8) Florence County members nominated by County Council for four-year terms. At least one member shall be a medical doctor, licensed to practice medicine in this state. Any person may serve consecutive terms. SEAT APPOINTEE TERM TO EXPIRE 1 Sharon Ackerman 12/ Twin Bridge Drive Florence, SC Dr. Gregory V. Browning - Chair 12/ South Dargan Street Florence, SC Vacant due to Resignation 12/ C. Rudy Guajardo, III 12/ East Spring Street Florence, SC John E. Lochart 12/ Brandon Drive Florence, SC Sam J. Fryer, III 12/ Southwood Court Florence, SC Honorable Rangeley C. Bailey 12/ Partridge Drive Florence, SC rbailey@jebailylaw.com Boards and Commissions 03/30/17 155

168 8 Nadine Livingston Vice Chair 12/2009 Post Office Box Florence, SC Re-Appointment Pending Letter to Governor 02/18/10 Boards and Commissions 03/30/17 156

169 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: Boards & Commissions Policy Commission On Recreation DEPARTMENT: County Council Councilman Kent C. Caudle Councilman Willard Dorriety, Jr. ISSUE UNDER CONSIDERATION: Approve The Re-Appointments Of Darryl Jackson To Serve On The Policy Commission On Recreation, Representing Council District 5, And Geer Ward, Representing Council District 9, With Appropriate Expiration Terms. ATTACHMENTS: 1. List of current County appointees to the Policy Commission On Recreation. 157

170 POLICY COMMISSION ON RECREATION AUTHORITY ORDINANCES #04-81/82, #07-81/82, #16-01/02, #28-06/07 APPOINTED BY: COUNTY COUNCIL Ten (10) members; nine (9) appointed by County Council, one (1) at-large recommended by the nine Commission members with County Council approval; staggered terms initially then for a term of four years, appointees holding office until successor is appointed and qualified. COUNCIL DIST. APPOINTEE TERM TO EXPIRE 1 Eric Sebnick (H) 6/ Olanta Hwy. Scranton, SC Robert E. Sullivan, Jr (H) 6/ Quail Drive (W) Pamplico, SC Kenny Lovette 6/2021 ` 411 Graham Street Florence, SC Scott Poston 6/ Crickentree Lane Florence, SC sposton@sc.rr.com 5 Darryl Jackson 6/ Breckridge Circle (W) Florence, SC (H) 6 William L. Breeden, Jr. 6/ Justine Drive Florence, SC David Barr 6/ N. Norwood Lane Florence, SC Ronnie Connor 6/ Sawgrass Drive Florence, SC G. Geer Ward, Jr. 6/ Swan Point (H) Florence, SC (P) Policy Commission on Recreation 05/17/18 158

171 At-Large Melissa Jarrell 6/ Sunvue Drive Florence, SC Policy Commission on Recreation 05/17/18 159

172 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: Reports to Council Monthly Financial Reports DEPARTMENT: Administration ISSUE UNDER CONSIDERATION: Monthly Financial Reports Are Provided To Council For Fiscal Year 2018 Through April 30, 2018 As An Item For The Record. ATTACHMENTS: Copies of the monthly financial reports. 160

173 FLORENCE COUNTY GOVERNMENT GENERAL FUND REVENUE & EXPENDITURE REPORT FY18 07/01/17 TO 04/30/18 YEAR-TO-DATE BUDGETED ACTUAL REMAINING REVENUE REVENUE BALANCE PCT REVENUES Taxes 39,842,035 36,380,190 3,461, % Licenses & Permits 1,344,250 1,318,341 25, % Fines & Fees 3,008,220 2,023, , % Intergovernmental 6,019,583 3,552,074 2,467, % Sales and Other Functional 7,361,450 6,327,597 1,033, % Miscellaneous 644, ,846 (307,846) % Operating Transfers (316,253) 435,340 (751,593) % Use of Fund Balance TOTAL 57,903,285 50,988,822 6,914, % 161

174 FLORENCE COUNTY GOVERNMENT GENERAL FUND REVENUE & EXPENDITURE REPORT FY18 07/01/17 TO 04/30/18 YEAR-TO-DATE BUDGETED ACTUAL REMAINING EXPENDITURE EXPENDITURE BALANCE PCT EXPENDITURES County Council 333, ,146 60, % Administrator 647, , , % Clerk of Court 1,768,523 1,396, , % Solicitor 1,137, , , % Judge of Probate 626, , , % Public Defender 809, ,323 92, % Magistrates 2,369,803 1,797, , % Legal Services 75,500 50,628 24, % Voter Registration & Elections 699, , , % Finance 813, , , % Human Resources 434, , , % Procurement & Vehicle Maintenance 953, , , % Administrative Services 408, , , % Treasurer 1,304, , , % Auditor 521, , , % Tax Assessor 1,364,863 1,094, , % Planning and Building 1,866,353 1,342, , % Complex 988, , , % Facilities Management 857, , , % Information Technology 2,928,230 2,491, , % Veteran's Affairs 226, ,913 31, % Senior Citizen Centers 150,500 85,120 65, % Energy Savings Lease 506, , , % General Direct Assistance 293, ,179 76, % Contingency 923,844 1,050,463 (126,619) % Employee Non-Departmental 526, ,320 (234,748) % Sheriff's Office 17,193,908 14,183,874 3,010, % Emergency Management 3,083,904 2,684, , % EMS 7,078,036 5,491,759 1,586, % Rescue Squads 362, ,642 80, % Coroner 406, ,834 84, % On-Site Clinic 165, ,302 47, % Health Department 76,852 76, % Environmental Services 935, , , % Health Direct Assistance 14,502 4,754 9, % Welfare - MIAP & DSS 380, ,123 56, % Recreation 1,743,611 1,559, , % County Library 3,736,071 3,048, , % Literacy Council 4,515 3,386 1, % TOTAL 58,718,298 47,884,177 10,834, % Percent of Fiscal Year Remaining = 16.67% 162

175 FLORENCE COUNTY BUDGET REPORT - OTHER FUNDS CURRENT PERIOD: 07/01/17 TO 04/30/18 BUDGETED YEAR TO DATE REMAINING BUDGETED YEAR TO DATE REMAINING EXPENDITURE CURRENT BALANCE PCT REVENUE CURRENT BALANCE PCT 45 County Debt Service Fund 6,162,496 6,268, % 6,162,496 5,833, , % 112 Economic Development Partnership Fund 459, , , % 459,933 58, , % 123 Local Accommodations Tax Fund 2,747,965 2,739,653 8, % 2,747,965 2,450, , % 124 Local Hospitality Tax Fund 1,435,594 1,350,165 85, % 1,435,594 1,340,178 95, % 131 District Utility Allocation Fund 400,000 26, , % 400, , % 132 District Infrastructure Allocation Fund 850, , , % 850, , , % 151 Law Library Fund 36,056 18,093 17, % 36,056 26,592 9, % 153 Road System Maintenance Fee Fund 3,895,405 3,059, , % 3,895,405 2,838,737 1,056, % 154 Victim/Witness Assistance Fund 202, ,639 45, % 202, ,769 57, % 421 Landfill Fund 4,356,334 2,874,713 1,481, % 4,356,334 3,925, , % 431 E911 System Fund 4,684,516 2,979,943 1,704, % 4,684, ,362 3,795, % TOTALS: 25,231,100 19,940,851 5,396, % 25,231,100 18,308,654 6,922, % Percent of Fiscal Year Remaining: 16.67% 331 Capital Project Sales Tax (Florence County Forward road projects) received and interest earned $ 156,326,982 (See separate attachment for additional details.) 163

176 . Florence County Council District Allocation Balances Beginning Balances as of 04/30/18 Council District # Type of Allocation Beginning Budget FY17 Commitments & Current Year Expenditures Current Available Balances 1 Infrastructure 111,902 27,238 84,664 Paving 266, , ,544 Utility 58,488 10,220 48,268 In-Kind 19,800 3,794 16,006 2 Infrastructure 70,011 8,338 61,673 Paving 229,226 3, ,726 Utility 2,606-2,606 In-Kind 19,800-19,800 3 Infrastructure 58,584 28,848 29,736 Paving 107,493 1, ,882 Utility 21,371-21,371 In-Kind 19,800-19,800 4 Infrastructure 116,802 25,316 91,486 Paving 377,721 5, ,660 Utility 42,644-42,644 In-Kind 19,800-19,800 5 Infrastructure 31,947 31, Paving 216, ,903 91,835 Utility In-Kind 19, ,842 6 Infrastructure 227,041 18, ,742 Paving 192,706 5, ,083 Utility 14,459-14,459 In-Kind 19,800-19,800 7 Infrastructure 89,404 46,846 42,558 Paving 105,926 1, ,315 Utility 31,642-31,642 In-Kind 19,800-19,800 8 Infrastructure 49,538 16,848 32,690 Paving 165,846 56, ,850 Utility In-Kind 19,800-19,800 9 Infrastructure 59,317 50,387 8,930 Paving 58,469 58,469 - Utility In-Kind 19,800-19,800 Infrastructure funds to be used for capital projects or equipment purchases. (See guidelines) Paving funds to be used for paving or rocking roads. See guidelines in County code. Utility funds to be used for water, sewer, stormwater, and any infrastructure fund projects. In-Kind funds to be used for projects completed by the Public Works Department. 164

177 FLORENCE COUNTY FORWARD CAPITAL PROJECT SALES TAX As of April 30, 2018 EXPENDITURES Project Budget Design or Balance Budget % Right of Way Construction Total Expended Engineering Unexpended Expended Pine Needles Road Widening $ 17,676, $ 710, $ 1,224, $ 14,229, $ 16,165, $ 1,511, % US 378 Widening $ 138,751, $ 5,944, $ 11,045, $ 78,604, $ 95,594, $ 43,157, % US 76 Widening $ 31,641, $ 3,253, $ 2,877, $ 17,535, $ 23,666, $ 7,975, % TV Road Widening $ 34,519, $ 2,350, $ 2,645, $ 27,267, $ 32,263, $ 2,255, % SC 51 Widening $ 151,533, $ 3,946, $ 9,558, $ 41,682, $ 55,186, $ 96,347, % US 301 Bypass Extension $ 73,464, $ 3,221, $ 213, $ 18, $ 3,453, $ 70,010, % $ 447,587, $ 19,426, $ 27,565, $ 179,338, $ 226,329, $ 221,257, % REVENUES Revenue Budget Received/Earned Balance To Be Balance % to Date Rcvd/Earned Rcvd/Earned Capital Project Sales Tax $ 148,000, $ 144,702, Sales Tax Interest Earnings $ - $ 11,624, $ 3,297, % Earned State SIB Fund Match $ 250,000, $ 250,000, $ % $ 398,000, $ 406,326, $ 3,297, % NOTE 1: Revenue Received/Earned to Date is as of December 31, 2015, since capital project sales tax and interest is received from the state on a quarterly basis NOTE 2: Merchant collection of sales tax concluded on April 30,

178 Florence County CPST #2 Summary As of April 30, 2018 Bond proceeds $ 124,840, Interest earnings through April 30, 2018 $ 540, Ballfield lighting lease proceeds $ 500, Local contributions $ 80, Total available $ 125,962, Expenditures through 04/30/18* $ 99,734, Outstanding purchase orders as of 04/30/18* $ 9,419, Total expended/committed $ 109,153, Total remaining $ 16,808, * See detail report for expenditures and purchase orders by project 166

179 Capital Project Sales Tax #2 Detail Expenditures Project # Type District Entity Project Description Location Approved Funds Division Totals Expended as of O/S Purchase 4/30/2018 Orders Bond Issuance Costs $ 500, $ 529, I. Public Safety-Fire 1 Building Johnsonville Rural Fire District New Main Station Highway 41/51 $ 1,800, $ 1,787, Building Johnsonville Rural Fire District New Kingsburg station $ 600, $ 600, Building Windy Hill Fire District New Quinby Station $ 1,800, $ 1,799, Building Howe Springs Fire District New Main Station $ 3,700, $ 3,567, Building South Lynches Fire District Classroom, Logistics, & Maintenance Facility $ 1,000, $ 933, Building South Lynches Fire District Upgrades to Station One Facilities $ 1,000, $ 998, Buildng South Lynches Fire District Upgrades at Nine Fire Stations $ 500, $ 499, Building West Florence Fire District New Station on Hoffmeyer Road $ 1,500, $ 1,515, Building West Florence Fire District Addition to Station One Pine Needles Road $ 1,000, $ 43, $ 849, Building Hannah Salem Friendfield Fire New Stations at Friendfield & Flemingtown $ 1,745, $ 1,743, Building Hannah Salem Friendfield Fire Upgrade Stations One and Two $ 1,400, $ 1,400, Building Hannah Salem Friendfield Fire Upgrade Stations Three and Four $ 900, $ 900, Building Olanta Rural Fire District Upgrade Main Station $ 520, $ 520, Building Sardis Timmonsville Fire Station One addition Living & Training $ 150, $ 147, $ 1, Building Sardis Timmonsville Fire New Cartersville Station $ 750, $ 749, Building Sardis Timmonsville Fire Timmonsville Rescue Squad Building $ 80, $ 37, $ 39, Category Total $ 18,445, II. Public Safety - EMS 17 Building Florence County EMS Station Timmonsville $ 740, $ 24, $ 83, Building Florence County EMS Station Florence Schlitz Drive $ 740, $ 740, Category Total $ 1,480, III. Emergency Management 19 Building/Equipment Florence County Radio Upgrades - all Emergency Mangement Facilities Law Enforcement Complex $ 15,000, $ 14,787, $ 114, Building/Equipment Florence County New Emergency Operations Center Building Law Enforcement Complex $ 4,955, $ 4,492, $ 204, Category Total $ 19,955, IV. Sheriff 21 Equipment Florence County Replacement of Boilers & Water Heaters at County Jail Law Enforcement Complex $ 800, $ 800, Equipment Florence County Flex Units & Safety upgrades at County Jail Law Enforcement Complex $ 189, $ 189, Building Florence County New Storage Building Law Enforcement Complex $ 160, $ 160, Building Florence County New K-9 Training Facility Law Enforcement Complex $ 20, $ 20, Building Florence County Renovations at Law Enforcement Complex Law Enforcement Complex $ 800, $ 800, Category Total $ 1,969, V. County Administration 26 Building Florence County Renovation of Vacated Space at County Complex County Complex Building $ 5,200, $ 4,978, $ 29, Category Total $ 5,200, VI. Water & Sewer Improvements 27 Water Line Town of Coward Salem Road/McAllister Mill Rd/Sand Hills Water Loop $ 750, $ 510, Water Line Town of Coward Union School Road Tie to Scranton Water System $ 240, $ 240, Fire Hydrants City of Florence Add 50 Fire Hydrants for Windy Hill Fire District $ 250, $ 249, Fire Hydrants City of Florence Add 50 Fire Hydrants for West Florence Fire District $ 250, $ 246, Fire Hydrants City of Florence Add 50 Fire Hydrants for Howe Springs Fire District $ 250, $ 249, Water Line City of Lake City Indiantown Road/S. Cameron Road Water Loop $ 690, $ 448, Water Line City of Lake City Burch Rd/Old Georgetown Rd/Camerontown Rd Water Loop $ 593, $ 191, Water Line City of Lake City Frierson Road/O'Shay Road Water Loop $ 250, $ 249, Water Line Town of Olanta Central Road/Hood St. Water Loop $ 440, $ 144, Water Line Town of Olanta Butler Scurry Road/McKenzie Road Water Loop $ 500, $ 440, Water Line Town of Olanta Olanta Fire Station Water Extension $ 65, $ 27, Water Line Town of Scranton Anderson Bridge Road Water Extension $ 140, $ 140, Category Total $ 4,418, VII. Veteran Affairs 39 Building Florence County Veteran Affairs County Administration Building National Cemetery Road $ 1,200, $ 1,199, Category Total $ 1,200,

180 Capital Project Sales Tax #2 Detail Expenditures Project # Type District Entity Project Description Location Approved Funds Division Totals Expended as of O/S Purchase 4/30/2018 Orders VIII. Municipalities Roads City of Florence 40 Corridor Enhancements City of Florence Dargan St. Lucas St. to Cherokee Rd. $ 4,507, Corridor Enhancements City of Florence National Cemetery Road Dargan St. To McCall Rd. $ 105, Corridor Enhancements City of Florence Vista St. Dargan St. to Oakland Ave. $ 390, Corridor Enhancements City of Florence Sopkin St Oakland Ave. to Crown Cir. $ 17, Corridor Enhancements City of Florence Park Ave. $ 32, Corridor Enhancements City of Florence Pine St. Dargan St to McQueen St. $ 46, Corridor Enhancements City of Florence McQueen St. Pine St. To Timrod Park Dr. $ 32, Corridor Enhancements City of Florence Cedar St. McQueen St. to Park Ave. $ 28, Corridor Enhancements City of Florence Park Ave. Cedar St. to Cherokee Rd. $ 2, Corridor Enhancements City of Florence E. Evans St. N. Ravenel St. to Railroad Ave. $ 370, Corridor Enhancements City of Florence Irby St. W. Cheves St. to Ashby Rd. $ 1,547, Corridor Enhancements City of Florence Darlington St. Irby St. to Oakland Ave. $ 10, Corridor Enhancements City of Florence Oakland Ave. Darlington St. to Norfolk St. $ 9,216, $ 281, Intersection Improvements City of Florence Damon Dr. and Ansley St. $ 15, Intersection Improvements City of Florence E. Palmetto St. Westbound at S. Church St. $ 1,031, $ 90, Resurfacing City of Florence Malloy St Wilson Rd to??? $ 213, Resurfacing City of Florence Spruce St. Park Ave. to McQueen St. $ 340, $ 115, Road Widening City of Florence Malloy St Maxwell St. to??? $ 113, Road Widening City of Florence Roughfork St. & Maxwell St. N. Irby St. to Malloy St. 58 Road Widening City of Florence S. Cashua Dr. Palmetto St. to Second Loop Rd. $ 1, Road Widening City of Florence W. Sumter St. N. Irby St. to N. Alexander St. $ 735, Road Widening City of Florence W Radio Dr. S. Ebenezer Rd. to David McLeod Blvd. $ 1,210, Road Widening City of Florence Woody Jones Blvd. W. Radio Rd. to David McLeod Blvd. $ 1,442, Road Widening City of Florence Jarrott St. Pine St. to National Cemetery Rd. $ 346, Road Widening City of Florence N. Alexander St. Dixie St. To Darlington St. $ 9,125, $ 310, Building Town of Timmonsville New Community Center $ 420, Building Town of Timmonsville Magistrate's Building Renovations $ 180, $ 151, Sewer Town of Pamplico Replace Pembrook Apt Pump Station $ 154, $ 118, Water Town of Pamplico New Water Tank $ 873, $ 304, Water Town of Pamplico Shirley Road Water Line $ 154, $ 10, Water Town of Pamplico Water System Extension $ 1,706, $ 1,557, Water/Sewer Town of Olanta Waterworks and Sewer System Improvements $ 750, $ 372, Building Town of Olanta Municipal Building Improvements $ 130, $ 130, Recreation improvements City of Johnsonville Prosser Recreation Complex $ 800, $ 1,423, Water City of Johnsonville Vox Water Line Project $ 4,378, $ 3,633, Water Town of Coward New Water Tank $ 1,000, $ 1,194, Recreation Town of Coward Expansion of Youth Baseball Field $ 200, $ 230, Building Town of Quinby New Town Hall $ 360, $ 325, Building Town of Quinby Recreation/Community Building $ 720, $ 134, Recreation Town of Scranton Improvements to Scranton Nature Park $ 126, $ 73, Recreation Town of Scranton Resurface Tennis Courts $ 32, Building Town of Scranton New Maintenance Building $ 349, $ 407, Water & Sewer City of Lake City Water & Sewer Improvements $ 2,360, $ 2,377, Storm Water City of Lake City Storm Water System Improvements $ 1,200, $ 465, Water & Sewer City of Lake City New Water Tank $ 800, $ 592, Recreation City of Lake City New Multi Purpose Athletic Complex $ 400, $ 346, Building City of Lake City Renovate Lake City Owned Building (Chamber office) $ 160, $ 158, Road / Parking City of Lake City C J Evans Field road & parking improvements $ 400, $ 139, Category Total $ 37,369,

181 Capital Project Sales Tax #2 Detail Expenditures Project # Type District Entity Project Description Location Approved Funds Division Totals Expended as of O/S Purchase 4/30/2018 Orders IX. Florence County Recreaction 87 Roads/Water Florence County Roads & Infrastructure - New Soccer Complex $ 1,040, $ 1,132, Recreation Improvements Florence County Various Park Improvements to include: $ 400, $ Recreation Improvements Florence County Ebenezer Park Playground Fall Surface Upgrade $ 96, Recreation Improvements Florence County Lynches River Park Shade Structures $ 44, Recreation Improvements Florence County Lake City Community Park Road Paving $ 57, Recreation Improvements Florence County Lynches River Athletic Park Sardis Paving Entrance $ 24, Recreation Improvements Florence County Friendship Park Renovations $ 5, Category Total $ 1,440, Building X. Lake City Community Hospital Improvements to Main Hospital $ 888, $ 888, Category Total $ 888, Drainage XI. Lynches Lake-Camp Branch Drainage Improvements $ 80, $ 79, Watershed District Category Total $ 80, XII. Road Paving and Drainage 96 Paving Florence County Cato Road $ 2,500, $ 781, Paving Florence County Moulds Road $ 1,100, $ 488, Paving Florence County Country Lane $ 1,400, $ 483, Paving Florence County Cherry Johnson Road $ 1,900, $ 718, Paving Florence County Ball Park Road $ 1,500, $ 523, Paving Florence County McLaurin Road $ 600, $ 250, Paving Florence County Highland Road $ 250, $ 86, Paving Florence County Laurel Circle $ 600, $ 176, Paving Florence County Law Road $ 1,100, $ 63, Paving Florence County Paving &/or relocate Koopers/Estate Road or Young Road 106 Paving Florence County as determined by County Council for economic development $ 4,000, $ 2,753, $ 1,848, Drainage Florence County Brookgreen $ 1,000, $ 680, $ 223, Drainage Florence County Foxcroft $ 300, $ 215, $ 30, Category Total $ 16,250,

182 Capital Project Sales Tax #2 Detail Expenditures Project # Type District Entity Project Description Location Approved Funds Division Totals Expended as of O/S Purchase 4/30/2018 Orders XIII. General Road Improvements 109 District 1 Swan Rd. Park Ave. to last house $ 4,033, $ 48, Windright Rd. Hwy 378 to Swann Rd. 111 Hickson Rd. S. Powell Rd. to S. Locklair Rd. $ 40, Widow St. W. Camp Branch Rd. to Jordan Rd. $ 19, Old McAllister Rd. Jordan Rd. to Chandler Mill Rd. $ 48, Chandler Mill Rd. N. Matthews Rd. to Old McAllister Rd. $ 33, Maxie Thomas Rd. Morris St. to Moore St. 116 Maxie Thomas Rd. Hwy 52 to last house 117 W. O'Shay Rd. N. Matthews Rd. to Frierson Rd. $ 129, W. O'Shay Rd. Frierson Rd. to last house 119 Frierson Rd. W. Camp Branch Rd. to W. O'Shay Rd. $ 240, Zola Rd. McCutcheon Rd. to Hanna Rd. 121 Miles Rd. Hwy 378 to First Oxtown Rd. $ 31, Donald Rd. Caselman Rd. to Miles Rd. $ 8, Rodman Rd. Cockfield Rd. to Dory Rd. $ 28, Rodman Rd. Dory Rd. to Cow Pasture Rd. $ 89, Rodman Rd McCutcheon Rd. to last house $ 31, Barr St. Graham Rd. to end of road 127 Old Farm Rd. Vox Hwy. to last house 128 Lance St. Aclline St. to Kelly St. $ 27, Thomas St. S. Church St. to CSX RR $ 22, Gracelyn Cir. N. Matthews Rd. to??? $ 32, Calvin St. Gracelyn Cir. to??? $ 6, Tupelo Rd. Moore St. to end of road $ 48, Retha Dr. Kelly St. to end of road $ 16, King St. Nesmith St. to Charles St. $ 4, Major Rd. Gray Rd. to end of road $ 13, Slocum Ln. Gray Rd. to end of road $ 7, Dennis Rd Cooktown Rd. to Old South Rd. $ 44, Bayne Ln. Beulah Rd. to E. Plantation Rd. 139 E. Plantation Rd. portion of??? 140 S. Acline St. Fairview St. to Graham Rd. $ 134, Baker Rd. N. Camerontown Rd. to end of road 142 Barnwell St. Bozy Rd. to Lee St. $ 15, Blanche St. Northside Ln. to end of road $ 6, Windham Rd. Owens Dr. to Blanche St. 145 Hurst St. School Dr. to end of road $ 8, Judy Rd. Hwy 378 to end of road 147 N. Pecan Rd. Hwy 341 to N. Camerontown Rd. 148 S. Pecan Rd. Hwy 341 to end of road 149 S. Locklair Rd. Hwy 341 to Hickson Rd. $ 61, Sunburst Dr. Cooktown Rd. to end of road 151 Thirty Rd. Thirty Five Rd. to end of road $ 2, Thirty Five Rd. Green Haven Ave. to Davis St. $ 3, Tranquility Rd. Cockfiled Rd. to Tyler Rd. 154 W. Cole Rd. Davis St. to Maxie Thomas Rd. 155 Lake City Landfill/Manned Convenience Center Rd. Hwy 341 to end of road $ 180, L/C Manned Conv. Service Area on Lake City Landfill Rd. 157 Sequoia Rd. $ 32, Camelot Way N. Country Club Rd. to Scotland Rd. $ 28, Dogwood Ln. S. Morris St. to Middlecoff Rd. $ 39, Lancelot Way Scotland Rd. to end of road $ 51, Lockewood Rd. Middlecoff Rd. to Dogwood Ln. $ 33, McFaddin St. Wallace St. to Ida St. $ 31, Salter St. Wallace St. to Ida St. $ 28, Byrd St. School Dr. to end of road $ 11, Fountain St. School Dr. to end of road $ 18, Hurst St. Hwy 52 to End of road $ 15, Mill St. N. Church St. to Ball Parkd Rd. $ 30, N. Church St. (Scranton) Mill St. to Railroad Ave. $ 13, School Dr. Byrd St. to end of road $ 22, Parking and Roads at Lake City Sports Complex S. Blanding St. to Graham Rd. $ 243, CPST2 Phase II Engineering $ 17, $ 42,

183 Capital Project Sales Tax #2 Detail Expenditures Project # Type District Entity Project Description Location Approved Funds Division Totals Expended as of O/S Purchase 4/30/2018 Orders 171 District 2 Bluff Rd. $ 4,033, $ 68, Evans Rd. $ 51, Belle Thompson Rd. $ 73, Ervin Thomas Rd. $ 92, Franks Rd. $ 23, Law Rd. 177 Ball Park Rd. $ 51, Old Springs Rd. $ 72, Freeport Rd. $ 32, Singletary Loop Rd. $ 88, Saddle Town Rd. $ 48, Mustang Rd. $ 34, Capitola Rd. 184 Dud Rd. $ 65, Lewis Ln. $ 32, Broken Branch Rd. $ 113, Wood Berry Rd. $ 9, Keith Rd. $ 32, Chestnut Rd. $ 39, Ashley Rd. $ 61, Glen Haven Rd. $ 39, Dulie Ln. $ 10, Albany Road $ 114, $ (37,820.58) 493 Apollo Circle $ 39, Azalea Road $ 68, $ 1, Bayberry Road $ 18, $ Bethany Road $ 25, $ 2, Bluff Road $ 19, $ (683.25) 500 Bridgeman Road $ 23, $ Campbell Road $ 65, $ (139.86) 502 Courtney Point $ 25, $ Clear Brook Road $ 8, $ Dowdys Road $ 27, $ Dunk Road $ 38, $ Eaddy Ford Cenetery $ 17, $ 2, Fowler Road $ 154, $ Fox Bay Road $ 77, $ 2, Fox Hill Road $ 24, $ E Groom Road $ 14, $ 1, Harvest Road $ 65, Hayes Branch $ 59, $ Henneghan Road $ 65, $ Indigo Landing Road $ 81, Par One Road $ 9, Plantation Road $ 59, $ Ralph Jones Road $ 64, Redgate Road $ 36, Tarte Road $ 58, Twin Oak Road $ 10, CPST2 Phase II Engineering $ 17, $ 42, District 3 Athens St. $ 4,033, $ 66, Brunson St. $ 44, Dargan St. Hwy 52 to Vista St. $ 45, Timmons St. $ 19, Bradford St. $ 27, Wilson St. $ 38, Liberty St. $ 35, Boyd St. $ 30, Commander St. $ 43, Vista St. 203 Light St. $ 7, Stackley St. $ 36, Hemingway St. $ 12, Marlboro St. $ 29,

184 Capital Project Sales Tax #2 Detail Expenditures Project # Type District Entity Project Description Location Approved Funds Division Totals Expended as of O/S Purchase 4/30/2018 Orders 207 E. Marion St. $ 28, Freemand St. $ 9, Dixie St. $ 113, Ingram St. $ 45, Alexander St. $ 62, Harmony St. $ 52, Harrell St $ 31, Lawson St. $ 89, Sanborn St. $ 53, N. McQueen St. $ 50, W. Marion St. $ 120, Pennsylvania St. $ 54, Carver St. $ 48, Gladstone St. $ 40, Fairfield Cir. $ 41, Waverly St. $ 75, Sidewalks on Irby St. Wilson Road to Sam Harrell Rd. 224 Sidewalks on Dargan St. Hwy 52 to Vista St. $ 49, Sidewalkds on Roughfork St. 226 Sidewalks on Sopkin Ave. $ 49, Widen Entrance road to County Complex & bury power lines $ 26, W. Louise Rd. $ 13, CPST2 Phase II Engineering $ 17, $ 42, Cumberland Drive $ 67, Hickory Grove Circle $ 173, E Elmgrove Avenue $ 32, Patterson Street $ 48, E Waterman Avenue $ 44, E Westford Road $ 58, E Wingate Avenue $ 46,

185 Capital Project Sales Tax #2 Detail Expenditures Project # Type District Entity Project Description Location Approved Funds Division Totals Expended as of O/S Purchase 4/30/2018 Orders 229 District 4 Van Houton Dr. $ 4,033, $ 145, Alma Ln. $ 12, Willow Point Rd. $ 227, Pygate Rd. $ 608, Fork Rd. $ 95, Meadow Prong 2 $ 57, Meadow Prong 1 $ 127, $ 293, Clyde McGee Rd. $ 191, Golden Gate Rd. $ 22, Ed James Rd. $ 208, Javelin Cir. 240 Johnson Rd. $ 11, Joe Nathan Ln. $ 15, Buckshot Rd. $ 18, Sims Rd. $ 41, Cubie Rd Cubie Rd Jenkins Nowlin Rd. 247 Alvin Kirby Rd 248 Truck Route Foxworth St. to Brockington St. 551 Oliver Road $ 12, Sandspur Road $ 12, CPST2 Phase II Engineering $ 17, $ 42, District 5 Horace Matthews Rd. $ 4,033, $ 48, $ 973, Carnell Dr. $ 4, S. Canal Dr. 252 Circle Dr. $ 83, Margo Ln. $ 7, Milestone Rd. 255 C.W. Robinson Rd. $ 95, Trails End Rd. $ 57, Dunlap Rd. $ 16, Sam Lee Rd. $ 95, S. Railroad Ave. $ 61, Java Rd. $ 92, Round Tree Rd. $ 68, E. Eagerton Rd. $ 44, Doric Rd. $ 29, Ben Gause Rd. $ 587, Silver Leaf Rd. $ 177, Railroad Ave. (Scranton) $ 143, CPST2 Phase II Engineering $ 17, $ 42,

186 Capital Project Sales Tax #2 Detail Expenditures Project # Type District Entity Project Description Location Approved Funds Division Totals Expended as of O/S Purchase 4/30/2018 Orders 267 District 6 Charlie Cade Rd. $ 4,033, $ 104, Coleman Rd. $ 14, Spring Branch Rd. 270 Willow Grove Rd. $ 96, Haven Rd. $ 39, Magic Dr. $ 23, Danieltown Rd. $ 75, Pepper Tree Rd. $ 37, Antique Cir. $ 30, Diamond Head Loop Rd. $ 205, Pecan Grove Rd. $ 47, Hosea Gibbs Rd. $ 184, Tabernacle Rd. $ 151, Boling Rd. $ 54, Cart Rd. $ 54, W. Turner Gate Rd. $ 53, Brick House Rd. $ 23, Eureka Rd. $ 25, Quail Harbor Cir. $ 26, Taylor Hill Cir. $ 27, James Town Rd. $ 17, Fleetwood Dr. $ 1, Ard St. $ 7, Wickerwood Rd. $ 85, Large Farm Rd. $ 12, Camp Wiggins Rd. $ 13, Horse Shoe Rd. $ 56, Benton Rd. $ 13, Freeman Ln. $ 20, Nita Cain Rd. $ 81, South Wind Rd. $ 27, Gum Rd. $ 81, Dunaway Drive $ 32, Mill Branch Road $ 85, Pine Bluff Road $ 94, E Stardust Road $ 28, Sam Grover Road $ 33, Sandbed Road $ 8, CPST2 Phase II Engineering $ 17, $ 42, District 7 Hughes Cir (off TV Rd.) $ 4,033, $ 209, Joan Rd. (off TV Rd.) $ 142, John C. Calcoun Rd. $ 245, Wilson Rd. $ 111, Pocket Rd. $ 242, W. Black Creek Rd. $ 301, W. McIver Rd. $ 156, R. Bar M. Ranch Rd. $ 96, Tara Dr. $ 88, Raiford Ln. $ 9, Calvert's Ct. $ 13, Shamrock Rd. $ 17, Clayton Ct. $ 9, Brand Street $ 104, Diggs Avenue $ 53, James Street $ 55, Layton Street $ 70, Lewis Lane $ 43, Lynch Street $ 82, Magnolia Street $ 60, Maxwell Street $ 128, Mechanic Street $ 63, Newman Avenue $ 43, Norfolk Street $ 62, Pawley Street $ 71,

187 Capital Project Sales Tax #2 Detail Expenditures Project # Type District Entity Project Description Location Approved Funds Division Totals Expended as of O/S Purchase 4/30/2018 Orders 633 Rose Street $ 77, CPST2 Phase II Engineering $ 17, $ 42,

188 Capital Project Sales Tax #2 Detail Expenditures Project # Type District Entity Project Description Location Approved Funds Division Totals Expended as of O/S Purchase 4/30/2018 Orders 312 Resurface District 8 Maulden Dr. $ 4,033, $ 140, $ 10, Resurface Crownland Estates 314 Resurface E. and W. Sandhurst Dr. $ 122, Resurface Stratford Cir. $ 25, Resurface Castleberry Dr. $ 14, Resurface Westmoreland Ave. 318 Resurface Devonshire Dr. 319 Resurface Longwood Dr. $ 23, Resurface Woods Dr. 321 Resurface Rosedale St. $ 72, Resurface St. Anthony Dr. $ 41, Resurface Jones Rd. $ 20, Resurface Winthrop Dr. $ 29, Resurface Progress St. $ 35, Resurface Lee St. $ 28, Resurface Saluda Ave. $ 100, Resurface Sewanee Ave. $ 16, Resurface Chestnut St. $ 37, Resurface Kalmia St. $ 18, Resurface Sesame St. $ 15, Resurface Cedar St. Franklin to Adams Ave. $ 20, Resurface Waters Ave. Park to Lawson $ 12, Resurface Sylvan Dr. $ 31, Resurface Cedar Lawn Court $ 17, Resurface Lakeside Drive $ Resurface Richburg Ln. $ 9, Resurface Jeffries Ln. $ 51, Resurface Hondros Cir. $ 20, Resurface Constantine Dr. $ 25, Resurface Rollins Ave. $ 20, Resurface Fitz Randolph Cir. $ Resurface Shore Ln. $ Resurface Marion Ave. $ 31, Resurface Virginia Acres $ 32, Resurface Poinsette Ave. $ 1, Resurface Melrose Ave. $ 1, Resurface Courtland Ave. $ 26, Resurface Hillside Dr. 350 Resurface Wisteria Dr. 351 Resurface Margaret Dr. $ 26, Resurface Dunvegan Rd. $ 23, Resurface Roseneath Rd. $ 26, Resurface Beverly Dr. $ 45, Resurface Alton Cir. $ 26, Resurface Lindberg Dr. $ 51, Resurface Woodstone Dr. $ 20, Resurface DeBerry Blvd. $ 22, Resurface Dorchester Rd. $ 31, Resurface Fairfax Rd. $ 17, Resurface Cherry Blossom Ln. $ 16, Resurface Valpariso Dr. $ 22, Resurface Wayne St. $ 19, Resurface Sweetbriar St. $ 14, Resurface Furman Dr. $ 37, Resurface Converse Dr. Third Loop north to??? $ 31, Resurface Gable Ridge Dr. $ 51, Resurface Durant Dr. $ 20, Resurface Joseph Circle $ 28, Resurface Westminister Dr. $ 29, Resurface Langely Dr. $ 25, Resurface Mayfair Terrace $ 19, Resurface W Cambridge Drive $ 48, Resurface E Carolyn Avenue $ 95, Resurface S Converse Drive $ 61, Resurface W Conyers Avenue $ 98,

189 Capital Project Sales Tax #2 Detail Expenditures Project # Type District Entity Project Description Location Approved Funds Division Totals Expended as of O/S Purchase 4/30/2018 Orders 652 Resurface E Grace Drive $ 69, Resurface Greenland Drive $ 87, Resurface Higgins Street $ 26, Resurface Lorraine Avenue $ 60, Resurface Plum Drive $ 41, Resurface Seneca Drive $ 94, Resurface W Suburbia Street $ 26, Resurface W Wannamaker Avenue $ 62, CPST2 Phase II Engineering $ 17, $ 42,

190 Capital Project Sales Tax #2 Detail Expenditures Project # Type District Entity Project Description Location Approved Funds Division Totals Expended as of O/S Purchase 4/30/2018 Orders District 9 Hampton Pointe Subdivision $ 4,033, $ 71, $ 11, Aberdeen Ct. $ 7, Blaire Ct. $ 6, Bridgeport Ct. $ 6, Danvers Ct. $ 7, New Gate Ct. 378 Parliament Cir. 379 S. Addison St. $ 20, S. Barrington Dr. $ 78, S. Brunswick Ct. $ 6, S. Harrington Ct. $ 6, Victoria Ct. $ 9, W. Hampton Pointe Dr. $ 135, Winslow Ct. $ 11, Whitehall Annex Subdivision 386 Albemarle Blvd. $ 8, Banbury Cir. $ 46, Bedford Ln. $ 20, Milford Ln. $ 8, South Arundel Dr. $ 26, St. James Ln. $ 10, Village Green and Waterford Subdivisions 392 Greenview Dr. 393 Key Largo Ct. $ 15, Waterford Dr. $ 57, Springdale and Villa Arno Subdivisions 395 Guilford Cir. $ 80, Perth St. $ 29, Springfield St. $ 58, Suffork Place $ 18, Strada Amore 400 Strada Gianna 401 Strada Mateo 402 Via Ponticello Oak Forrest Subdivision 403 Alabama Ln. $ 8, Arizona Way $ 9, California Rd. $ 11, Florida Dr. $ 25, Georgia Ct. $ 7, Louisiana Ln. $ 10, Oak Forest Blvd. $ 24, Tennessee Terrace $ 10, Tex Rd. $ 17, Utah Ct. $ 12, Kelly Farms and Parkland Subdivisions 413 Derby Dr. $ 18, Kelly Farms Rd. $ 61, $ 51, Preakness Ln. $ 20, W. Belmont Cir. $ 85, Cottonwood Dr. $ 29, Deerwood Place $ 14, Heathway Dr. $ 59, Mosswood Dr. $ 20, W. Delmae Dr. 422 Wethersfield Dr. $ 47, Heritage Subdivision 423 Cow Pens Cir. $ 16, Declaration Dr. $ 22, Farm Quarter Rd. $ 28, Independence Ave. $ 11, Indigo Place $ 7,

191 Capital Project Sales Tax #2 Detail Expenditures Project # Type District Entity Project Description Location Approved Funds Division Totals Expended as of O/S Purchase 4/30/2018 Orders Forest Lake And Forest Lake West Subdivisons 428 Brock Cir. 429 Ginny Ct. 430 Julie Ln. 431 Goff Ct. 432 Lunn Dr. 433 Madden Ln. 434 Sliger Cove 435 Yeargin Cove 436 Young Charles Dr. 437 Wanda Cove 438 Claude Douglas Cir. $ 84, Hepburn Blvd. $ 46, Dunwoody Subdivision 440 Ashwood Ln. $ 7, Aspen St. $ 12, Dunwoody Rd. $ 13, Evergreen Rd. $ 15, Periwinkle Ln. $ 10, Farmwood and Ferndale Subdivisions 445 Farmwood Dr. $ 22, Heather Dr. $ 17, Patrick Dr. $ 14, Boone Cir. $ 69, Corbett Place $ 24, Charters Subdivision 450 Bristol St. $ 53, Charters Dr. $ 32, Claymount Ct. $ 29, Cravenhurst Ct. $ 15, Dominion Ct. $ 33, Fairhaven Rd. $ 57, Magna Carta Rd. $ 98, Arrowood Subdivision 457 Arrowhead Cir. 458 Arrowood Dr. 459 Falcon Way 460 Skylark Dr. Chadwick Place 461 Britainna St. 462 Chadwick Dr. 463 Knights Bridge Rd. 464 Lampley Way 465 Wetherby Ln. 466 Stratton Dr. $ 124, Pelican Ln. $ 102, W. Eagle St. 469 Thunderbird Dr. 470 Whitehall Cir. $ 98, S. Peninsula Rd. $ 33, McLaurin Dr. 473 Traffic Signals Botany and Jefferson on W. Palmetto $ 80, Traffic Signals Third Loop Rd. and McCown Dr. 750 CPST2 Phase II Engineering $ 17, $ 42, Category Total $ 36,304, Grand Total of all projects $ 145,000, $ 99,734, $ 9,419,

192 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: Reports to Council DEPARTMENT: Administration ISSUE UNDER CONSIDERATION: Approve A Budget Neutral Salary Increase For Two Positions (Slot and ) To Be Funded From Administration Departmental Funds. POINTS TO CONSIDER: 1) Section 9.9B of the Personnel Policy Manual requires Council s authorization for a general pay adjustment for designated employees. 2) The Grants Manager (Slot 003) and Administrative Services Director (Slot 002) have both consistently expanded the scope of their job duties to handle critical projects for the county. 3) The 4% within grade adjustment will be funded from current and future departmental funds. FUNDING FACTORS: $6,918 = 4% within grade adjustment with benefits will be funded from current and future departmental funds. OPTIONS: 1) Approve as presented. 2) Provide an Alternate Directive. 180

193 Current Proposed Annual Pay SCRS FICA Total Annual Pay SCRS FICA Total Increase Slot ,679 12,567 7, ,336 96,386 13,070 7, ,830 4,493 Slot ,646 6,714 3,798 60,158 51,632 7,001 3,950 62,583 2,425 6,

194 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: Reports to Council DEPARTMENT: Administration ISSUE UNDER CONSIDERATION: Authorize A Memorandum Of Agreement With South Carolina Department of Transportation For The Capital Project Sales Tax II Koppers/Estate Road Widening and Paving Project. POINTS TO CONSIDER: 1) Florence County applied for an encroachment permit for the Koppers/Estate Road paving project to SCDOT. 2) SCDOT is requiring the County construct a right turn lane and left deceleration lane at the intersection of Estate Road and East Old Marion Highway. 3) Additionally, SCDOT is requiring the County to improve the CSX railroad crossing on Koppers Road to meet the new road widths. 4) The construction of the right turn lane and deceleration lane are cost prohibitive to the project. 5) SCDOT has agreed to issue the encroachment permit but will require all work be completed as submitted with the exception of the turn lanes on E. Old Marion Highway. The County is required to keep SCDOT notified of any tenants that may or will be locating to the area accessed by Koppers Road and Estate Road. If it is later determined by SCDOT that conditions justify the installation of a turn lane, the County will be required to proceed with the work. OPTIONS: 1) Approve as presented. 2) Provide an Alternate Directive. ATTACHMENTS: Memorandum of Agreement with South Carolina Department of Transportation. 182

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199 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: Reports to Council DEPARTMENT: Administration ISSUE UNDER CONSIDERATION: Authorize The Use Of District 4 Infrastructure Funds In The Amount Of $85,000, District 4 Paving Funds In The Amount Of $300,000 And Capital Project Sales Tax II Interest Earnings In The Amount Of $210,000, To Fund A Shortfall In The Projected Costs Of The New Community Center In Timmonsville. POINTS TO CONSIDER: 1) A new Community Center was approved on the Capital Project Sales Tax II ballot referendum approved in November 2013 in the amount of $420,000. 2) A Design Build RFP was issued in February 2018 and Thompson Turner was selected to construct the new community center. 3) The estimated construction cost is $1,015,100. 4) Council is asked to authorize the use of District 4 Infrastructure funds of $85,000, District 4 Paving funds of $300,000 and CPST II interest earnings in the amount of $210,000 to fund the shortfall in the project. 5) The County s bond attorney, Ben Zeigler has approved the legality of the use of interest earnings for the project. OPTIONS: 1) Approve as presented. 2) Provide an Alternate Directive. 187

200 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: Report to Council DEPARTMENT: Administration Finance Department ISSUE UNDER CONSIDERATION: Approve A Budget Neutral Salary Increase Of 5% For Four Positions (Slots , , , and ) And Approve A Budget Neutral Reclassification For Two Positions (Slot Grade 22 to Grade 25 and Slot Grade 19 to Grade 21, both resulting in an increase of 5%) To Be Funded From Finance Department Funds. POINTS TO CONSIDER: 1. A long-time employee has recently retired from the Finance Department staff. 2. The three Accountant II and the Risk Management Technician positions have recently assumed new duties. Based on the level of work being performed by these four positions, the employees in these four positions are not being compensated at the same level as employees in other departments in similarly graded positions. 3. Over the past couple years, the Accounting Manager position has assumed additional responsibility, especially in preparation of the County s annual budget document and the Comprehensive Annual Financial Report (CAFR). As a result, this position should be classified at the same level as the Sheriff s Office Administrative Manager and the Assistant to the Administrator. 4. The Risk Manager continues to assume additional duties such as the development of the Emergency Action Plan (EAP) for the new judicial center, conducting security training at the judicial center, and implementation of the new Everbridge emergency notification system. 5. Section 9.9B of the Florence County Personnel Policy Manual (FCPPM) requires Council s authorization for a general pay adjustment for designated employees. FUNDING FACTORS: 1. This request will result in an annual budget savings of $12, OPTIONS: 1.(Recommended) Approve as presented. 2. Provide an alternate directive. ATTACHMENT: Spreadsheet detailing slot number and adjustment. 188

201 Current Proposed Projected Increase (Savings) Annual Pay SCRS FICA Total Annual Pay SCRS FICA Total Slot # , , , , , , , , (26,119.54) Slot # , , , , , , , , , Slot # , , , , , , , , , Slot # , , , , , , , , , Slot # , , , , , , , , , Slot # , , , , , , , , , Slot # , , , , , , , , , Funds Available After Pay Increases (12,365.84) 189

202 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: DEPARTMENT: Reports to Council RFP Award Administration-Grants Procurement Department ISSUE UNDER CONSIDERATION: Request for Council to Award RFP No /18, For The Lynches River Clearing/Debris Removal Project To Big Swamp Right Of Way Of Pamplico, SC In An Amount Not To Exceed $62, To Be Funded From A Duke Energy Water Resources Grant Fund. POINTS TO CONSIDER: 1) RFP No /18 was advertised in the South Carolina Business Opportunities (SCBO) newsletter on May 10, One (1) proposal was received on May 24, ) The project includes clearing for river access of approximately 33 miles of Lynches River. 3) Council approval includes authorization for the County Administrator to execute all associated documents to proceed, pending County Attorney review and approval. FUNDING FACTORS: $62,500 = Funding for this project is from the Duke Energy Water Resources Grant Fund under line item OPTIONS: 1) (Recommended) Approve as presented. 2) Provide alternate directive.. 190

203 AGENDA ITEM: Reports DEPARTMENT: Finance FLORENCE COUNTY COUNCIL MEETING June 21, 2018 ISSUE UNDER CONSIDERATION: Approval of FY2018/2019 State Accommodations Tax allocations to be distributed to the various recipients. POINTS TO CONSIDER: 1. The Florence County Accommodations Tax Advisory Committee met on May 16, 2018 and received applications for the FY2018/2019 State Accommodations Tax funds. 2. The Committee deliberated allocation of the available funding. 3. Attached is their recommendation to County Council regarding the allocation of the funds. FUNDING FACTORS: 1. $300,000 = Total one-time costs for FY2018/ $300,000 is funded from State Accommodations Tax funds budgeted in Fund 121. (See p. 172 in FY18/19 budget book) OPTIONS: 1. (Recommended) Approve the expenditure of $300,000 in State accommodations tax funding allocations as recommended by the Accommodations Tax Advisory Committee for FY2018/ Refer all or some of the allocation recommendations to an Accommodations Tax Reconciliation Committee ATTACHMENT: 1. Minutes of the meeting of the Accommodations Tax Advisory Committee. 2. Spreadsheet listing the recommendation of the Accommodations Tax Advisory Committee. 191

204 192

205 FY18-19 funding recommendation Organization / Event / Project Name FY18-19 request Florence County Recreation $ 8, $3, Florence Regional Arts Alliance $ 24, $8, The Frontage Road Association $ 18, $13, Freedom Florence / Tennis Complex (City of Florence) $ 80, $26, Francis Marion University - Arts International Festival $ 20, $1, Florence Tennis Association $ 3, $3, Boys & Girls Clubs of the Pee Dee - CC Basketball Tournament $ 5, $ Florence Center $ 85, $54, Florence CVB $ 225, $147, Pee Dee Tourism - Darlington Car Hauler Parade $ 15, $9, Florence Symphony Orchestra $ 3, $ Florence Downtown Development Corp. / Pecan Festival $ 10, $1, Lake City Community Theatre $ 3, $3, Three Rivers Historical Society $ 3, $ Jamestown Foundation $ 4, $ Florence Area Sports Council $ 15, $7, Pee Dee Visions Foundation - Kickin' Chicken $ $ Pee Dee Tourism Commission - Welcome Center $ 20, $6, $ $ Lake City Chamber of Commerce $ 35, $2, LC Junior Sorosis $ 15, $5, Florence Junior League - Lucky Shamrock Festival $ 2, $ $605, $ 300, SC Senior Sports Classic $ 4, $2, City of Johnsonville 5, ** The Florence County Accommodations Tax Advisory Committee is of the strong opinion that the County and/or City of Florence should be paying for the upkeep of Frontage Road from funds other than A-Tax collections because it is a gateway to the city. 193

206 FLORENCE COUNTY COUNCIL MEETING JUNE 21, 2018 AGENDA ITEM: Report to Council DEPARTMENT: Parks and Recreation ISSUE UNDER CONSIDERATION: Approve The Execution Of An Independent Contractor Agreement Between Florence County And Richard Storr To Continue His Services As Acting Tennis Pro At The Tennis Courts At Ebenezer Park. POINTS TO CONSIDER: 1. The current Agreement with Richard Storr expires on June 30, Mr. Storr not only teaches tennis at Ebenezer, he oversees the leagues that participate there, keeps the park clean and helps supervise the playground/track area at night. 3. It is beneficial to Florence County Parks and Recreation to have Richard Storr at Ebenezer Park. 4. This Independent Contractor Agreement extension was approved by the Policy Commission on Recreation at its May 17, 2018 meeting. OPTIONS: 1. (Recommended) Approve the Agreement as presented. 2. Provide alternate directives. ATTACHMENTS: Copy of Proposed Agreement. 194

207 STATE OF SOUTH CAROLINA) ) INDEPENDENT CONTRACTOR AGREEMENT COUNTY OF FLORENCE ) INDEPENDENT CONTRACTOR S AGREEMENT, made and entered into this day of, 2018, by and between FLORENCE County, A Body Politic And Corporate And A Political Subdivision Of The State Of South Carolina (hereinafter County ), and RICHARD STORR, an Independent Contractor (hereinafter Contractor ). WHEREAS: 1. The County desires to retain Richard Storr to serve as tennis professional for Florence County, more specifically, the Florence County Recreation Department; and 2. Contractor desires to be retained as aforesaid tennis professional; and 3. The County s Recreation Commission has recommended and County Council has approved an arrangement. THEREFORE, in consideration of the mutual promises contained herein, the Parties hereby agree as follows: 1. Term: The term of this Agreement shall commence on July 1, 2018 and shall end on June 30, Compensation: The Contractor shall pay 10% of on court gross revenue receipts generated from activities of Contractor on County owned or leased facilities each calendar month commencing July 1, 2018 and continuing through June 30, 2023 to Florence County. Payment will be made monthly and due within ten (10) days of the first of each month. 3. Scope of Services and Independent Contractor s Responsibilities: a. Contractor shall provide professional tennis services for County Parks and Recreation Department, including technical expertise in tennis services. Said services to include the following: i. Organize and conduct community tennis activities designed to increase participation in adult and junior tennis at Ebenezer Park, scheduling at least one neighborhood tennis social or similar event each month. ii. Conduct regular introductory and intermediate clinics for adults and children. iii. Conduct activities designed to foster the growth of tennis at other County tennis facilities. Initially, the Contractor (Tennis Pro) will conduct activities at another County facility one day each month, but this requirement may be adjusted depending on the response at those sites. iv. Coordinate with the Florence City Tennis Professional, the Florence and other local tennis supporters to integrate activities at Ebenezer with community-wide tennis activities and to ensure that players from Ebenezer Park have the opportunity to participate in other events and activities, including Junior Team Tennis and Adult League Tennis. draft 195

208 v. Maintain order, help to enforce the posted rules and help to prevent vandalism when present at the Ebenezer Park tennis courts, contacting the Florence County Sheriff s Department and the Recreation Department whenever assistance is required. vi. Coordinate with the Recreation Department to ensure that the Ebenezer Park tennis courts are properly maintained and work closely with the maintenance task force to ensure that the courts and the surrounding area are kept free of litter. vii. Work with the Recreation Department, local tennis organizations and area media to market tennis activities at Ebenezer Park and other County facilities. viii. Coordinate the use of the Ebenezer Park tennis courts using the guidelines provided herein to ensure that the public has ample access for recreational play, particularly during evening hours and on weekends. b. Courts are available to the public on a first-come, first-served basis, except as noted below. However, players must follow the posted rules regarding time limits when others are waiting. Dates and times may be modified when annually agreed upon in writing by both the County and the Contractor. The Contractor may use courts as follows: Monday-Friday 7:30 A.M.-4:00 P.M. 2 Courts Monday & Wednesday 4:00 P.M.-6:00 P.M. 2 Courts Monday-Friday 4:00 P.M.-10:00 P.M. 1 Court Saturday/Holidays 7:30 A.M.-10:00 P.M. 1 Court Sunday 7:30 A.M.-1:00 P.M. 2 Courts Sunday 1:00 P.M.-10:00 P.M. 1 Court draft i. The Contractor may use up to three courts for major community events, provided notice is posted at least one week prior to the event. ii. Unless the courts are already in use, the Contractor will conduct single court activities on Court 3 and two court activities on Courts 1 and 2. iii. Other tennis professionals may not use the courts for instruction without approval in advance from the County Recreation Department. iv. Events conducted/sponsored by the FTA and other community groups must be approved in advance by the County Recreation Commission/Department and notice must be posted at least one week prior to the event. v. Team practices requiring more than two courts must be approved in advance by the County Recreation Department and teams must abide by the posted time limits when others are waiting. Rotating team players does not extend the time limits. 4. Independent Contractor s Warranties and Representations: Contractor warrants and represents that he is a certified tennis professional, certified to teach tennis in the United States and that all work performed as a result of this Agreement will be performed in a professional manner and in compliance with all Federal, State and local laws and regulations governing the instruction of tennis. 196

209 5. Independent Contractor: a. This Agreement shall not render the Contractor and agent, partner, joint venture or employee of the County of Florence for any purpose. The Contractor is and will remain an independent contractor in his relationship to Florence County. Contractor shall not hold himself out as an employee of the County of Florence and shall have no power or authority to bind or obligate the County of Florence in any manner. b. Florence County shall not be responsible for withholding taxes with respect to the Contractor s compensation hereunder. c. Contractor shall obtain and maintain all licenses and permits required by law for performance of this contract by him. d. The Contractor shall have no claim against Florence County hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, workers compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind. e. The County of Florence shall pay no employee benefits or insurance premiums of any kind to or for the benefit of Contractor or his employees, agents and servants by reason of this contract. f. The Contractor will carry liability insurance (including malpractice insurance) relative to any service that he/she performs for Florence County. 6. Indemnification and Hold Harmless: a. Except for expenses or liabilities arising from the herein authorized acts of the County, the Contractor hereby expressly agrees to indemnify and hold the County harmless against any and all expenses and liabilities arising out of the performance or default of this Contract as follows. b. Contractor expressly agrees to the extent that his negligence in whole or in part, by his acts or omissions or negligence in whole or in part by any of his employees or any person, firm or corporation directly or indirectly employed or otherwise charged by the Contractor and any damage, liability, injury, loss or expense (whether in connection with bodily injury or death or property damage or loss) that is suffered by the County and its employees or by any member of the public, to indemnify and save the County and its employees harmless against any and all liabilities, penalties, demands, claims, lawsuits, losses, damages, cost and expenses arising out of the performance or default of this Contract. Such costs are to include defense, settlement and reasonable attorneys fees incurred by the County and its employees. c. This promise to indemnify shall include bodily injuries or death occurring to Contractor s employees and any person, directly or indirectly employed by Contractor (including without limitation any employee of any subcontractor), the County s employees, the employees of any other independent contractors, or occurring to any member of the public. d. When the County submits notice, Contractor shall promptly defend any aforementioned action. 7. Termination of Agreement: This Agreement may be terminated by either party, provided however, the party desiring said termination gives the other party thirty (30) days written notice prior to the effective date of said termination. draft 197

210 8. Controlling Law: The laws of South Carolina shall govern this agreement. All litigation arising under said contract shall be litigated only in the Circuit Court within the Twelfth Judicial Circuit sitting in Florence, South Carolina. The parties are responsible for their own attorney fees and the full cost of said litigation. 9. Insurance Requirements: Contractor shall purchase the insurance coverage as noted in paragraph A below, keep it in full force and effect throughout the term of this contract and provide evidence of same to the Director of Florence County Recreation. The Contractor shall purchase the insurance coverage as noted below and keep it in full force and effect throughout the term of this contract. a. Professional Liability: The Contractor agrees to maintain workers compensation coverage if so desired and to fully indemnify and hold harmless Florence County with regards to every aspect of any claims arising from workers compensation liabilities. b. The Contractor agrees to carry and maintain employee liability insurance and public liability insurance (including contractual liability endorsement) in amounts of not less than $1,000,000 for bodily injury, $1,000,000 for property damage, $1,000,000 aggregate each occurrence. c. The County must be listed as additional insured with a minimum of a ten (10) day notification clause. The County shall not be responsible for any costs related to carrying the aforesaid insurance. 10. Notices: Any notice, report, statement, approval, consent, designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this agreement shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Florence County: Contractor: County Administrator County Complex 180 N. Irby St., MSC-G Florence, S.C draft Richard Storr 4026 West Pelican Lane Florence, S.C Entire Agreement: This Agreement constitutes the entire understanding and contract between the parties hereto and supersedes all prior and contemporaneous written and oral agreements between the parties and their predecessors in interest regarding the subject matter of this Agreement. Said Agreement may not be changed, altered, amended, modified or terminated orally, except as specifically provided and any such change, alteration, amendment or modification must be in writing and executed by the parties hereto. [End of Contract Signature Page to Follow] 198

211 Witnesses: Florence County, South Carolina By: K. G. Rusty Smith, Jr. County Administrator Witnesses: Richard Storr draft 199

212 FLORENCE COUNTY COUNCIL MEETING JUNE 21, 2018 AGENDA ITEM: Report to Council DEPARTMENT: Parks and Recreation ISSUE UNDER CONSIDERATION: Approve A Fee Schedule For The Rental Of The Picnic Shelter And Gazebo At The New Lake City Park. POINTS TO CONSIDER: 1. A rental fee schedule for the picnic shelter and gazebo at the new Lake City Park needs to be established as there are many requests for their use. 2. At its May 17, 2018 meeting, the Policy Commission on Recreation approved the following fee rates : Picnic Shelter=$75 for 4 hours; $20 for each additional hour Gazebo Shelter-$75 for 4 hours; $20 for each additional hour Combo Rate=$125 for 4 hours; $20 for each additional hour 3. The rates are in line with rentals of other park amenities throughout the County and will be utilized to offset operations and maintenance of the park. OPTIONS: 1. (Recommended) Approve the rates for the new facility in Lake City as presented. 2. Provide alternate directives. ATTACHMENTS: The rental fee schedule as approved by the Policy Commission on Recreation on May 17,

213 Lake City Park (Church St.) Proposed Rental Rate Picnic Shelter= $75 for 4 hours; $20 for each additional hour. Gazebo = $75 for 4 hours; $20 for each additional hour. Combo = $125 for 4 hours; $20 for each additional hour. (This is for Picnic Shelter and Gazebo rental together) **This is for rentals of the buildings alone. We do not rent the whole park as it is a public park. ** 201

214 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: DEPARTMENT: Report to Council Declaration of Surplus Property Procurement Department ISSUE UNDER CONSIDERATION: Declaration Of Three (3) Vehicles And Two (2) Pieces Of Shop Equipment As Surplus Property For Disposal Through Public Internet Auction Via GovDeals. POINTS TO CONSIDER: 1. Attached units are recommended to be declared surplus by the using department. 2. The units have little value or are obsolete to the using department. 3. Disposal will not impact on-going operations. 4. Florence County Code requires County Council approval for disposal of surplus property. 5. Disposal by internet auction is efficient and requires significantly less staff time/coordination than other public offer methods. OPTIONS: 1. (Recommended) Approve as presented. 2. Provide alternate instructions. ATTACHMENTS: Surplus property listing. 202

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216 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: DEPARTMENT: Reports to Council Procurement Department ISSUE UNDER CONSIDERATION: Council Is Requested To Approve A Change Order To Green Dream International, LLC In The Amount Of $90, For The Completion Of Rocking On Hosea Gibbs Road In District 6 To Be Funded From Capital Project Sales Tax II Funds. POINTS TO CONSIDER: 1) Council awarded a contract to Green Dream International, LLC for MBC Stone for District 6 Road Projects at the February 15, 2018 Council meeting in the amount of $283, ) Councilman Deberry request the completion of rocking of Hosea Gibbs Road be added to the current contract. 3) The cost to complete the rocking of Hosea Gibbs Road is $90,489 and funding is available in the CPST II funds for District 6. The total cost of the contract after the change order is $373, ) Todd Warren, CPST II Program Administrator recommends the approval of the change order. FUNDING FACTORS: 1) $90,489 = Total change order amount to an existing contract with Green Dream International, LLC to complete the rocking of Hosea Gibbs Road in District 6 to be funded by CPST II funds. OPTIONS: 1) (Recommended) Approve as presented. 2) Decline. ATTACHMENTS: Recommendation letter from Todd Warren, CPST II Program Administrator. 204

217 Memorandum June 13, 2018 To: Rusty Smith Florence County Administrator From: Todd Warren CPST II Program Administrator Re: Recommendation for add one additional road 6 MBC Stone for District 6 Roads Bid # 17-17/18 contract Councilman Deberry and Florence County Public Works have requested additional rocking be added to the current Bid #17-17/18 contract to complete the rocking of Hosea Gibbs Rd. This road is directly adjacent to the current contract work and the stone is being provided at a favorable price of $20.85 per ton. Hosea Gibbs is currently partially rocked and this additional stone will provide for the road to be completely rocked once completed Roads currently on the contract: Dunaway Drive 1,557 tons $ 32, Mill Branch Road 4,117 tons $ 85, Pine Bluff Road 4,522 tons $ 94, E. Stardust Road 1,351 tons $ 28, Sam Grover Road 1,608 tons $ 33, Sandbed Road 420 tons $ 8, Bid Quantity 13,575 tons $283, Road requested to be added via Change order: Hosea Gibbs Road 4,340 tons $ 90, I recommend for Council to approve the additional 4200 tons of MBC stone be added to the existing contract via change order in the amount of $90, to Green Dream International, LLC from Capital Project Sales Tax II Funds. 205

218 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: DEPARTMENT: Reports to Council Bid Award Public Works Department Procurement Department ISSUE UNDER CONSIDERATION: Request for Council to Award Bid No /18 For Road Repairs To Hampton Pointe Dr. & Byrnes Blvd. In The Amount Of $91, To Kirven Construction Of Darlington, SC From FEMA Grant Funds. (3 Compliant Bids Received). POINTS TO CONSIDER: 1) The Bid was advertised in the South Carolina Business Opportunities (SCBO) Newsletter on Thursday, May 10, The bid opening was held on Thursday, May 24, ) Three (3) bids were received; Three (3) bids were compliant. Kirven Construction of Darlington, SC was the lowest responsible, responsive bidder. 3) Carlie Gregg, the Public Works Director, recommends awarding to the low bidder. 4) The bid expires August 24, FUNDING FACTORS: $91, = Funded from FEMA Grant Funds under line item Project OPTIONS: 1) Award Bid No /18 (Recommended). 2) Decline Award. ATTACHMENTS: 1) Bid Tabulation Sheet. 2) Bid Recommendation Letter from Carlie Gregg dated May 25,

219 Florence County, South Carolina Project: Road Repairs-Hampton Point Dr. & Byrnes Blvd. Bid Opening Date: 5/24/2018 Time: 11:00 a.m. Company Name of Bidder Tabulation for Bid No /18 Bid Bond (Y/N) Primary Bid** Maximum Local 5% Deduction* Primary Bid w/local Deduction Kirven Construction - Darlington, SC Yes $91, N/A $91, C. R. Jackson, Inc. - Florence, SC* Yes $133, $6, $127, Palmetto Corp. of Conway - Florence, SC* Yes $149, $7, $142, Notes: *5% Local Preference-Florence County Code, Section **Bid includes sales tax 207

220 FLORENCE COUNTY Public Works Department Arthur C. Gregg, Jr. Public Works Director MEMORANDUM TO: FROM: DATE: RE: K. G. Rusty Smith, Jr. Florence County Administrator Arthur C. Gregg, Jr., Public Works Director May 25, 2018 Recommendation on Awarding Bid # My recommendation is to award Bid # to Kirven Construction in the amount of $91, for the road replacement on Hampton Pointe Drive and Byrnes Blvd. The Project number is 1011 for Hampton Pointe Drive and Byrnes Blvd. FEMA approved reimbursement to Florence County Grant Fund number ACG,JR/ig, 6746 Friendfield Road Post Office Box 38 Effingham, South Carolina Phone: (843) Fax: (843)

221 FLORENCE COUNTY COUNCIL MEETING June 21, 2018 AGENDA ITEM: Report to Council DEPARTMENT: Sheriff s Office ISSUE UNDER CONSIDERATION: Authorize Budget Neutral Salary Increases Of Less Than 10% In Salary For One Promotion In The Traffic Grant (Slot ) And One Promotion In the DUI Grant (Slot ) To Be Funded From FY18 Budgeted Funds. POINTS TO CONSIDER: 1. Section 9.6A of the Personnel Policy Manual (PPM) requires approval from the County Administrator for authorization of an increase of more than 5% for designated employees. 2. There is funding available within the Grant budgets so that additional funding is not required. FUNDING FACTORS: This request is budget neutral for current and future fiscal years. OPTIONS: 1. Approve as presented. 2. Provide an alternate directive. ATTACHMENTS: 1. A spreadsheet detailing funding of the promotions. 2. A memo outlining this request. 209

222 Sheriffs Promotion Request - Grants Slot Position Information Proposed Promotion Current Pay Proposed Pay Increase (Savings) Deputy Sheriff I Deputy Sheriff II $32,475 $35,679 3,204 Grade 15 Grade 17 30,941-47,281 33,978-51,974 *Increase to FICA and PORS totals $765. Actual percentage of increase is 9.87% Deputy Sheriff I Deputy Sheriff II $32,490 $35,679 3,189 Grade 15 Grade 17 30,941-47,281 33,978-51,974 *Increase to FICA and PORS totals $762. Actual percentage of increase is 9.82%. *Funding for increase in salaries is available within operating and capital line items of both grants. 6/8/

223 To: From: Date: Re: Mr. K.G. "Rusty" Smith County Admin~ Kenney Boone Lul4 Sheriff of Floren unty June 7, 2018 Promotions for Two Deputies Under Grants Within the Special Operations Division, all of the officers are ranked Corporal or hijer, due to the specialized training & experience that is required to be assigned to '1is division. That being said, we would like to prorote 2 Deputies that are under Grant~ to Corporals. When we submitted our grant applications in February for these two grapts (Traffic YR 3 & DUI YR 2), we budgeted their salaries at the Corporal rates (including the other 2 deputies under the Traffic Grant), so bnce the new grants begin on October ltst they will all be at Corporal pay within the personnel line item of both grants. Since re have enough funding left over in both grants to cover the cost to increase their salary to Corporal pay, we wanted to go ahead and make this change. The available funding that we have identified in Grant 809 is in line items 4700, 6550, & In Grant 810, thfre is funding available in line items 9100 & Once approved, Scott can do a budget revision on the grants to reflect these changes. DPS is aware of this request and tliey have approved it. 1 I respectfully request that you approve this request, and I thank you for y I ur consideration to this matter. Please let Glen or Katherine know if you have ~ny questions or concerns regarding t is matter. CC: Mr. Kevin Y okim, Finance Director Ms. Anita Taylor, HR Director 211

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226 FLORENCE COUNTY COUNCIL MEETING Proposed Additions to the Agenda June 21, 2018 AGENDA ITEM: Other Business Infrastructure Project DEPARTMENT: County Council ISSUE UNDER CONSIDERATION: Authorize The De-Obligation Of The Expenditure Of Up To $10,000 From Council Districts Infrastructure/Utility Funding Allocations To Assist With The Purchase Of A Vietnam Memorial For The Veterans Park As Approved By Council On March 16, 2017 And Approve The Expenditure Of Up To $10,000 From Council Districts Infrastructure Funding Allocations (Approximately $1,112 From Each District) To Assist With The Purchase Of A Korean Monument For The Veterans Park In Florence. FUNDING SOURCE: XXX Infrastructure Road System Maintenance XXX Utility REQUESTED BY: Councilman Kent C. Caudle Amount: $ $ $ Signed: Jason M. Springs Roger M. Poston Alphonso Bradley Amount: $ $ $ Signed: Mitchell Kirby Kent C. Caudle H. Steven DeBerry, IV Amount: $ $ $ Signed: Waymon Mumford James T. Schofield Willard Dorriety, Jr. ATTACHMENTS: Request from Veterans Park Committee I, Connie Y. Haselden, Clerk to County Council, certify this item was approved by the Florence County Council at the above-referenced meeting, at which a majority of members were present. Connie Y. Haselden, Clerk to Council

227 Florence Veterans Park 601 Woody Jones Boulevard,-,Florence, SC ,.,0ffi.ce ,-,Fax June 18, 2018 Mr. Rusty Smith Florence County Administrator 180 N. Irby St. Florence, SC Subject: Korean Monument Florence Veterans Park Dear Mr. Smith, On behalf of the Florence Veterans Park Committee, we are requesting the Florence County Council to provide funding in the amount of $10,000 towards the purchase and installation of a Korean Monument for the Florence Veterans Park. If approved, it is expected the monument will be dedicated at this year's, November 11th Veterans Day ceremony. As always, we appreciate the support provided by Florence County Council. Your support is both meaningful and impactful. Best Regards, ~ Cat/st,:;~,., V~ 1' ~eterans Park Committee Chair.,,-/ -----J ~ '

228 FLORENCE COUNTY COUNCIL MEETING Proposed Addition to the Agenda June 21, 2018 AGENDA ITEM: Other Business Infrastructure Project DEPARTMENT: County Council ISSUE UNDER CONSIDERATION: Approve The Expenditure Of Up To $24,140 From Council Districts 3, 4, 5 And 7 Infrastructure Funding Allocations (From Each District As Indicated Below) To Assist With Renovations/Repairs To The Kitchen And Bathroom At The Savannah Grove Community Four Hall. FUNDING SOURCE: XXX Infrastructure Road System Maintenance Utility REQUESTED BY: Councilman Mitchell Kirby Amount: $ $ Signed: Alphonso Bradley Amount: $ $ Signed: Kent C. Caudle ATTACHMENTS: Request and Estimate Mitchell Kirby Waymon Mumford I, Connie Y. Haselden, Clerk to County Council, certify this item was approved by the Florence County Council at the above-referenced meeting, at which a majority of members were present. Connie Y. Haselden, Clerk to Council

229 Savannah Grove Community Action League June 13, 2018 To Whom It May Concern Re: Request funding The Savannah Grove Community is requesting funding for the repair of the bathroom and kitchen. For our community hall located 2912 Alligator Rd, Effingham, SC Nathaniel Lockhart J~~~ George Brow. n _ ().. /tlcq,e~.c)~..,.~ ' '... ~ ~. ~... 1'"...

230 ESTIMATE DATE: 04/09/2018 WILLIAMS RENOVATIONS & REPAIRS 2113 FAIRFIELD CIRCLE FLORENCE, SC (843) SAVANNAH GROVE COMMUNITY FOUR HALL 2912 ALLIGATOR RD. EFFINGHAM, SC THE FOLLOWING ESTIMATE IS FOR RENOVATION WORK TO BE DONE AT BUILDING LOCATED AT:2912 ALLIGATOR RD. EFFINGHAM, S.C. THIS WORK IS TO DONE ON INTERIOR SIDE OF BUILDING WHICH INCLUDED:MENS-BATHROOM,WOMEN-BATHROOM, & KITCHEN AREAS. 1), MENS-BATHROOM: WE WILL INSTALL A WINDOW 38 X 38 IN BATHROOM,REPAIR/REPLACE SOME DAMAGE SHEETROCK,& PAINT WALLS,CEILING, & TRIM LABOR $ MATERIALS$ ). WOMEN-BATHROOM: WE WILL EXPAND THIS ROOM OUT ABOUT 4FT. TO 7FT. TO ADD ANOTHER TOILET STALL.ALSO ADDIND ADDITIONAL SHEETROCK ON NEW WALL AND PLUMBING & FIXTURES.THAN PAINT WALLS,CEILING, & TRIM IN BATHROOM. LABOR$ MATERIALS $ ). PANTRY: WE WILL INSTALL SHELVES AND A Bl-FOLD DOOR,UNIT AT PANTRY AND PRIME & PAINT PANTRY. LABOR$ MATERIALS $ ). SMALL HALLWAY: WE WILL INSTALL SHEETROCK IN HALLWAY, AND PAINT WALLS,CEILING, & TRIM. LABOR$ MATERIALS $ 340,00 TOTAL PRICE OF LABOR AND MATERIALS TO DO ALL 4 ROOMS GRAND TOTAL LABOR$ GRAND TOTAL MATERIALS $ GRANO TOTAL PRICE $ Turn to next page....

231 DATE: 04/09/2018 KITCHEN: THE FOLLOWING ESTIMATE PRICE IS FOR REMODELING THE ENTIRE KITCHEN AREA OF BUILDING. WE WILL REMOVE ALL EXISTING THING IN KITCHEN AND MAKE ROOM FOR ALL NEW STRUCTURES SUCH AS:BUILDING AN ISLAND,ADDING NEW SERVING COUNTER,ADDING BACK SPLASH,MORE CABINETS,COUNTER TOPS,NEW LIGHTING,NEW SINK,HOOD RANGE & VENT AND MICRO-WAVE THIS AREA OF RENOVATION IN KITCHEN IS ESTIMATE TO BE 576 sq.ft. AND IS PRICE AT:$ per.sq.ft. LABOR TOTAL-$14, MATERIALS: THE FOLLOWING IS AN ESTIMATE OF MATERIALS TO BE USE: 1).REFRIGERATOR $ ).STOVE $ )RANGE HOOD $ ).SINK $ ).MICRO-WAVE $ ). TRACK LIGHTING $ TOTAL APPLIANCES MATERIALS $ TOTAL KITCHEN LABOR & MATERIALS $20, GRAND TOTAL PRICE $24, THE FOLLOWING ESTIMATE WAS DONE BY: WILLIAMS RENOVATIONS & REPAIRS 2113 FAIRFIELD CIRCLE FLORENCE, SC IT WAS /iritten AND SIGN BY: OF ot,/,b y ~d 7 7: ~.--ON THIS DAY

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