# An Ordinance Authorizing Pursuant to Chapter 44 of Title 12, South Carolina Code

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1 February 13, 2018 The Marion County Council held its regular meeting on Tuesday, February 13, 2018, at 9:00 A.M. in the Marion County Council Chambers, Administration Building, Marion, South Carolina. Members present were Buddy Collins, Chairman; Elista H. Smith, Vice Chairperson; Councilman John Q. Atkinson, Jr., Chaplain Allen W. Floyd, Councilman Oscar Foxworth, Councilman Thomas E. Shaw, and Councilman Milton W. Troy, II. Also present were Charles L. McLain III, County Attorney; G. Timothy Harper Administrator; and Sabrina Davis, Clerk to Council. A representative from the Star & Enterprise was not present and duly notified. Chairman Collins called the meeting to order and asked Chaplain Allen W. Floyd to lead the Invocation, after which he welcomed visitors and read the Freedom of Information Announcement. Motion was made by Councilman Foxworth, seconded by Councilman Shaw, and carried unanimously, to approve the minutes of the regular meeting held on January 25, The County Attorney told Council that items A, B, C, D, E, F, G, H I, J,K, L, second & third readings for ordinances listed on the agenda as follows were ready: A. Third Reading of Ordinance # An Ordinance to Authorize and Approve an Amendment to the Marion County Personnel Policy Affecting Overtime Pay for Exempt Employees during a Declared Emergency or Statewide Mutual Aid Assistance; B. Third Reading of Ordinance # An Ordinance Authorizing Pursuant to Chapter 44 of Title 12, South Carolina Code of Laws 1976, As Amended, the Execution and Delivery of a Fee Agreement between Marion County, South Carolina and Rhubarb One, LLC and certain Affiliates and Matters Relating Thereto; C. Second Reading of Ordinance # An Ordinance to Convey the real property bearing Marion County Tax Id Number more commonly known as the Nichols Library Building, from Marion County to the American Legion Auxiliary of Nichols, to authorize the County Administrator to execute the same, and to authorize all Other Matters Related Thereto; D. Second Reading of Ordinance # An Ordinance (1) 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 Marion County, South Carolina and Project Shade, 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; (2) Approving of one or more sponsor affiliates to the Fee-In-Lieu of Ad Valorem Taxes Agreement; (3) Authorizing Pursuant to Title 4, Chapter 1 of the Code of Laws of South Carolina 1976, As Amended, The Execution and Delivery of an Incentive Agreement, by and between Marion County, South Carolina and Project Shade and one or more existing or To-Be-Formed or Acquired Subsidiaries, or Affiliated or Related Entities, to provide for Infrastructure Credits; and (4); Other Related Matters; E. Second Reading of

2 Minutes, February 13, 2018, page 2 Ordinance # An Ordinance (1) Approving, Pursuant to section of the South Carolina Code of Laws, 1976, As Amended, A Lease Purchase Agreement and a right of First Refusal Agreement between Marion County, South Carolina and a Company known to the County as Project Shade; and (2) Other Related Matters; F. Third Reading of Ordinance # An Ordinance Approving an Agreement for Development of a Joint County Industrial Park by and between Marion County, South Carolina and Horry County, South Carolina, Providing for Development of a Joint County Industrial Park for purposes of adding the Rhubarb One, LLC Site and Other Matters Relating Thereto; G. Second Reading of Ordinance # An Ordinance Approving an Agreement for Development of a Joint County Industrial Park by and between Marion County, South Carolina and Dillon County, South Carolina, Providing for Development of a Joint County Industrial Park for the purposes of adding the Project Shade Site and Other Matters Relating Thereto; H. Third Reading of Ordinance # An Ordinance to Convey a portion of County property located off N. Tom Gasque Avenue to Project Traveler pursuant to the terms of the attached deed, to authorize the County Council Chairman to execute such deed, and to authorize all other matters related thereto; I. Second Reading of Ordinance # An Ordinance Authorizing the Execution and Delivery of a Fee Agreement by and between Marion County, South Carolina and Project Shock Providing for a payment of a Fee-In-Lieu of Taxes, The Issuance of Special Source Revenue Credits and Other Matters Related Thereto; J. Second Reading of Ordinance # An Ordinance Authorizing the Development of a Jointly Owned and Operated Industrial/Business Park in Conjunction with Florence County, such Industrial /Business Park to be Geographically located in Marion County and established pursuant to Sec of the Code of Laws of South Carolina, 1976, as Amended; To Provide for a written Agreement with Florence County To Provide for the Expenses of the Park, The Percentage of Revenue Application, and the Distribution of Fees-In-Lieu of Ad Valorem Taxation; and Other Matters Related Thereto. K. First Reading of Ordinance # An Ordinance to Provide for the Issuance and Sale of a not Exceeding Eight Hundred Eighty-Five Thousand Dollar ($885,000) General Obligation Bond of Marion County, South Carolina, 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. L. First Reading of Ordinance # An Ordinance to Establish a Policy for the imposition and collection of certain defined park expenses from Fees- In-Lieu of Taxes generated by Marion County Park Property in the various Multi-County Industrial Parks which Marion County will Develop in Cooperation with other Counties for application toward expenses incurred for the development, operation and management of the Marion County Portion of those parks; such park expenses shall be paid to Marion County from the share of the Fees-In-Lieu of Ad Valorem Taxes that Marion County is entitled to collect from a new industry, less the share paid to the participating County before such Fees-In-Lieu of Taxes are distributed to the participating taxing entities in Marion County, as set out in various ordinances described therein; this ordinance shall also provide for the definition of such park expenses and for the collection and distribution of the same, and for Matters Relating Thereto. The County Attorney told Council that item A. on the agenda; Third Reading of Ordinance # An Ordinance to Authorize and Approve an Amendment to the Marion County Personnel Policy Affecting Overtime Pay for Exempt Employees during a Declared Emergency or Statewide Mutual Aid Assistance was ready. Motion was made by Councilman Troy, seconded by Councilman Floyd, and carried uanaimously, to approve third reading of Ordinance # The County Attorney told Council that item B. on the agenda; Third Reading of Ordinance # An Ordinance Authorizing Pursuant to Chapter 44 of Title 12, South Carolina Code

3 Minutes, February 13, 2018, Page 3 of Laws 1976, As Amended, the Execution and Delivery of a Fee Agreement between Marion County, South Carolina and Rhubarb One, LLC and certain Affiliates and Matters Relating Thereto was not ready: The County Attorney told Council that item C. on the agenda; Second Reading of Ordinance # An Ordinance to Convey the real property bearing Marion County Tax Id Number more commonly known as the Nichols Library Building, from Marion County to the American Legion Auxiliary of Nichols, to authorize the County Administrator to execute the same, and to authorize all Other Matters Related Thereto was not ready. The County Attorney told Council that item D. on the agenda; Second Reading of Ordinance # An Ordinance (1) 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 Marion County, South Carolina and Project Shade, 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; (2) Approving of one or more sponsor affiliates to the Fee-In-Lieu of Ad Valorem Taxes Agreement; (3) Authorizing Pursuant to Title 4, Chapter 1 of the Code of Laws of South Carolina 1976, As Amended, The Execution and Delivery of an Incentive Agreement, by and between Marion County, South Carolina and Project Shade and one or more existing or To-Be-Formed or Acquired Subsidiaries, or Affiliated or Related Entities, to provide for Infrastructure Credits; and (4); Other Related Matters was not ready. The County Attorney told Council that item E. on the agenda; Second Reading of Ordinance # An Ordinance (1) Approving, Pursuant to section of the South Carolina Code of Laws, 1976, As Amended, A Lease Purchase Agreement and a right of First Refusal Agreement between Marion County, South Carolina and a Company known to the County as Project Shade; and (2) Other Related Matters was not ready. The County Attorney told Council that item F. on the agenda; Third Reading of Ordinance # An Ordinance Approving an Agreement for Development of a Joint County Industrial Park by and between Marion County, South Carolina and Horry County, South Carolina, Providing for Development of a Joint County Industrial Park for purposes of adding the Rhubarb One, LLC Site and Other Matters Relating Thereto was not ready. The County Attorney told Council that item G. on the agenda; Second Reading of Ordinance # An Ordinance Approving an Agreement for Development of a Joint County Industrial Park by and between Marion County, South Carolina and Dillon County, South Carolina, Providing for Development of a Joint County Industrial Park for the purposes of adding the Project Shade Site and Other Matters Relating Thereto was not ready. The County Attorney told Council that item H on the agenda; Third Reading of Ordinance # An Ordinance to Convey a portion of County property located off N. Tom Gasque Avenue to Project Traveler pursuant to the terms of the attached deed, to authorize the County Council Chairman to execute such deed, and to authorize all other matters related thereto was not ready. The County Attorney told Council that item I. on the agenda; Second Reading of Ordinance # An Ordinance Authorizing the Execution and Delivery of a Fee Agreement by and between Marion County, South Carolina and Project Shock Providing for a payment of a Fee-

4 Minutes, February 13, 2018, Page 4 In-Lieu of Taxes, The Issuance of Special Source Revenue Credits and Other Matters Related Thereto was ready. Motion was made by Councilman Atkinson, seconded by Councilman Foxworth, and carried unanimously, to approve second reading of Ordinance # The County Attorney told Council that item J. on the agenda; Second Reading of Ordinance # An Ordinance Authorizing the Development of a Jointly Owned and Operated Industrial/Business Park in Conjunction with Florence County, such Industrial/Business Park to be Geographically located in Marion County and established pursuant to Sec of the Code of Laws of South Carolina, 1976 as Amended; To Provide for a written Agreement with Florence County To Provide for the Expenses of the Park, The Percentage of Revenue Application, and the Distribution of Fees-In-Lieu of Ad Valorem Taxation; and Other Matters Related Thereto was ready. Motion was made by Councilman Foxworth, seconded by Councilman Shaw, and carried unanimously, to approve second reading of Ordinance # The County Attorney told Council that item K. on the agenda; First Reading of Ordinance # An Ordinance to Provide for the Issuance and Sale of a not Exceeding Eight Hundred Eighty-Five Thousand Dollar ($885,000) General Obligation Bond of Marion County, South Carolina, 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. The County Attorney introduced the title of the ordinance and stated that this constitutes first reading of Ordinance # The County Attorney told Council that item L. on the agenda; First Reading of Ordinance # An Ordinance to Establish a Policy for the imposition and collection of certain defined park expenses from Fees-In-Lieu of Taxes generated by Marion County Park Property in the various Multi-County Industrial Parks which Marion County will Develop in Cooperation with other Counties for application toward expenses incurred for the development, operation and management of the Marion County Portion of those parks; such park expenses shall be paid to Marion County from the share of the Fees-In-Lieu of Ad Valorem Taxes that Marion County is entitled to collect from a new industry, less the share paid to the participating County before such Fees-In-Lieu of Taxes are distributed to the participating taxing entities in Marion County, as set out in various ordinances described therein; this ordinance shall also provide for the definition of such park expenses and for the collection and distribution of the same, and for Matters Relating Thereto. The County Attorney introduced the title of the ordinance and stated that this constitutes first reading of Ordinance # There were no reports given by Committee #1 or Committee #2. The County Attorney had nothing to report. Ms. Stacee Roberts with the Community Mental Health Services appeared before Council to give a brief update regarding mental health. Ms. Roberts explained that the program provides access and link patients to appropriate levels of care, reduce hospitalizations, and reduce emergency department visits. They build partnerships with local law enforcement, hospitals, judge s community providers, and other mental health providers. Chairman Collins thanked Ms. Roberts for her presentation. The Administrator updated Council on the Capital Sales Tax. Mr. Harper told Council that construction has begun on the Mullins Fire Station. He stated that the three alternate projects

5 Minutes, February 13, 2018, Page 5 are the Watsonia Recreation Center, Fire Training Center in Britton s Neck, and the renovations to the Nichols Fire Station. Mr. Harper stated that the fire station was destroyed due to Hurricane Matthew, but they are looking into putting their funds together and build a new fire station next to the City Hall. He mentioned getting things ready for the ballot in November. He advised Council to come up with three names to the Capital Sales Tax Committee. The Administrator did not have anything new to report in reference to Hurricane Matthew. The Administrator presented Council information in reference to an ATM for the Administration building and the Sheriff s Department. He provided a service agreement from Complete ATM Solutions located in Hartsville, SC. They will provide the machine, installation, money and 24/7 service and monitoring. A surcharge of $2.50 per transaction and will pay the County $1.00/transaction each month. Mr. Harper asked Council s approval to allow the County Attorney to move forward with this said matter. Motion was made by Councilman Floyd, seconded by Councilman Foxworth, and carried unanimously. The Administrator told Council that the County is in the process of working with Sturgis in regards to the credit/debit card machines for the Treasurer Office and the Building Inspection Office. The Administrator update Council on the boat landing at Fork Retch. Mr. Harper reported that a meeting is scheduled with DNR on Monday to look at the site. He stated that everything has been approved to purchase the property. The Administrator presented to Council a flyer from PDRTA in reference to a free ride to and from Perdue starting Monday, February 12 th. The Administrator told Council that Dillon and Marlboro Council has approved the letter requesting the expansion of the Tri-County Park expanding to Marion County for the next site. The Administrator presented to Council a special assessment as agricultural for Rose Ann Hite. Tax Map Number A total number of acres Motion was made by Councilman Floyd, seconded by Councilman Foxworth, and carried unanimously. Vice Chairperson Smith asked Council s approval to adopt a resolution for the Little Pee Dee Baptist Association for opening their doors and assisting those in need during Hurricane Matthew. She also mentioned that they would be the recipient of the Blue Award. Motion was made by Councilman Foxworth, seconded by Councilman Floyd, and carried unanimously. Motion was made by Councilman Shaw, seconded by Councilman Foxworth, and carried unanimously, to go into executive session for a legal, contractual, and an economic development matter. Motion was made by Councilman Foxworth, seconded by Vice Chairperson Smith, and carried unanimously, to close executive session and reopen the regular meeting. Chairman Collins stated that no action was taken during executive session called for a legal, contractual, and an economic development matter.

6 Minutes, February 13, 2018, Page 6 The County Attorney told Council that the County has an existing fixed price re-payment agreement that has been in effect on the Howard B. Smith site that is scheduled to expire May 13, Mr. McLain stated that he has prepared an extension to present to Smith Land Company that needs to signed by the Chairman that extends the agreement through May 13, Motion was made by Councilman Foxworth, seconded by Councilman Shaw, and carried unanimously. There being no further business to discuss, motion was made by Councilman Shaw, seconded by Councilman Foxworth, to adjourn the meeting at approximately: 11:20 A.M. Buddy Collins, Chairman Sabrina Davis, Clerk of Council

MARION COUNTY COUNCIL MEETING & PUBLIC HEARINGS MARION COUNTY COUNCIL CHAMBERS, ADMINISTRATION BUILDING MARION, SOUTH CAROLINA

MARION COUNTY COUNCIL MEETING & PUBLIC HEARINGS MARION COUNTY COUNCIL CHAMBERS, ADMINISTRATION BUILDING 1. Call to Order 2. Prayer MARION, SOUTH CAROLINA THURSDAY FEBRUARY 22, 2018 7:00 P.M. 3. Freedom