October 9, 2018 The Marion County Council held its regular meeting on Tuesday, October 9, 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., Councilman Allen W. Floyd, Councilman Oscar Foxworth, Councilman Thomas E. Shaw, and Councilman Milton W. Troy II, Also present were G. Timothy Harper, County Administrator; Kent M. Williams, Deputy Administrator; Charles L. McLain III, County Attorney; 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 Floyd, seconded by Councilman Shaw, and carried unanimously, to approve the minutes of the regular meeting held on September 11, 2018. The County Attorney told Council that items A, B, C, D, E, F, second & third readings for ordinances listed on the agenda as follows were ready: A. Third Reading of Ordinance #2017-11 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; B. Second Reading of Ordinance #2017-13 and Ordinance (1) Authorizing Pursuant to Title 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; C. Second Reading of Ordinance #2017-14 An Ordinance (1) Approving, Pursuant to section 4-9-30 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
Minutes, October 9, 2018, Page 2 the County as Project Shade; and (2) Other Related Matters; D. Third Reading of Ordinance #2017-15 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; E. Third Reading of Ordinance #2017-16 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; F. First Reading of Ordinance #2018-13 An Ordinance Authorizing the Issuance and Sale of a Marion County, South Carolina, Special Source Revenue Bond (Spec Building Project), Series 2018, In the Principal Amount not to Exceed $1,500,000.00; The Application of the Proceeds of Said Bond to Pay a Portion of The Costs of the Spec Building Project in the Marion County Industrial Park in Marion County Serving Economic Development Projects; and Other Matters Relating Thereto. The County Attorney told Council that item A. on the agenda; Third Reading of Ordinance #2017-11 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 was not ready: The County Attorney told Council that item B. on the agenda; Second Reading of Ordinance #2017-13 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 C. on the agenda; Second Reading of Ordinance #2017-14 An Ordinance (1) Approving, Pursuant to section 4-9-30 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 D. on the agenda; Third Reading of Ordinance #2017-15 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.
Minutes, October 9, 2018, Page 3 The County Attorney told Council that item E. on the agenda; Third Reading of Ordinance #2017-16 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 F. on the agenda; First Reading of Ordinance #2018-13 An Ordinance Authorizing the Issuance and Sale of a Marion County, South Carolina, Special Source Revenue Bond (Spec Building Project), Series 2018, In the Principal Amount not to Exceed $1,500,000.00; The Application of the Proceeds of Said Bond to Pay a Portion of The Costs of the Spec Building Project in the Marion County Industrial Park in Marion County Serving Economic Development Projects; and Other Matters Relating Thereto. The County Attorney introduced the title of the ordinance and stated that this constitutes first reading of Ordinance #2018-13. There were no reports given by Committee #1 or Committee #2. The County Attorney had nothing to report. Ms. Martha Ray the Volunteer Coordinator with Pee Coalition appeared before Council to present information in reference to Domestic Violence Month. Ms. Ray stated that Pee Dee Coalition provides direct and support services for victims of sexual assault and their families. They are as follows: 24-hr crisis intervention, individual counseling, support groups, hospital response, criminal justice advocacy, and accompaniment and information referral. She mentioned that abuse can take on many forms such as physical, sexual, psychological, destruction of property, and stalking. Domestic Violence happens to people from all walks of life. Victims can be any age, race, ethnic group, religion or socio-economic status. Chairman Collins thanked Ms. Ray for her presentation. Mr. Jimmy Brown the Marion County Building Inspector and Ms. Jessica Artz with DNR appeared before Council to discuss the Permitting Procedure for Flood Damage Homes. The Administrator provided Council a copy of the permitting procedures. Ms. Artz stated that Marion County has been participating in this program since 1990. She stated that Marion County has adopted a Flood Damage Prevention Ordinance and the FEMA Flood Plain Maps. The ordinance only covers those who are in flood zone areas and those that are not currently in compliance. Ms. Artz explained the guidelines in reference to the elevation process and the assessed value. Ms. Artz stated that she is here to help Marion County move this process along. Vice Chairperson Smith stated that the citizens need to be informed about flood insurance. Mr. Harper suggested running an article in the Star & Enterprise. Vice Chairperson Smith asked Mr. Harper for a timeline. He stated by October 23 rd. Mr. Brown stated that he can get the word out, but need Council s support. Ms. Artz mentioned that there are (3) different grants that are available. She stated that these grants are funded by FEMA, but go through a State agency. They are as follows: (1). DNR Flood Mitigation Assistance (Mr. Jimmy Brown will follow through in assisting with this grant). (2). EMD Pre-disaster Mitigation (Mr. Harper will assign someone). (3). Hazard Mitigation Grant Program (Ms. Artz stated this grant is not open). Chairman Collins thanked Mr. Brown and Ms. Artz for their presentation.
Minutes, October 9, 2018, Page 4 The Administrator updated Council on the Capital Sales Tax. Mr. Harper told Council that the Capital Sales Tax Referendum will be on the November 6 th ballot. The Administrator updated Council on the Hurricane. Mr. Harper told Council that the Disaster Recovery Center is located in the Road Rescue Building. The hours are 9:00 am to 6:00 pm Monday thru Saturday. He stated that the Small Business Administration is located in the Administration Building. The Long Term Recovery is located in one of the conference rooms. The Administrator provided Council a copy of an email from Mr. Ben Duncan the Deputy Program Management Director with the South Carolina Disaster Recovery Office. Mr. Harper told Council that Governor Henry McMaster wants to bring Team South Carolina Day to Marion County on Tuesday, October 30 th. The Administrator told Council that building and inspections along with State Guard are continuing the assessments process. Mr. Harper provided Council a copy of the damage assessments. The Administrator reported to Council that category B has not been declared by FEMA in reference to debris pickup. The Administrator told Council that the Healthcare Foundation presented a $137,764 check to Marion County to fund a mosquito control program. Mr. Harper stated that the equipment has arrived, but waiting for the chemicals. He stated there will be three (3) tucks in operation and will work in zones. Mr. Harper told Council that the County had an old sprayer machine that had to be repaired. He stated that a test spraying was done in Sellers. The Administrator reported to Council that the Governor has appropriated $4 million for eight (8) counties, which $500,000 comes back to each county for spraying. Mr. Harper stated that it is basically a loan, but the County has to request reimbursement from FEMA and pay the State. He stated that FEMA will only reimburse 75%. The other 25% depends only if the State picks up the 25% match. Mr. Harper also reported that the delegation overrode the Governor veto regarding the ice storm money. He stated that County will receive around $378,879 from the ice storm reimbursement. The Administrator provided Council a list of organizations that provided meals to the EOC during the hurricane. The Administrator presented to Council a Memorandum of Understanding from the United Nations Chaplain Association. He stated that they would like to disburse supplies to the survivors of the hurricane. Mr. Harper stated that the Memorandum of Understanding needs to be reviewed by the attorney before it is approved. Vice Chairperson Smith stated that she along with Bishop Blue has spoken with this group. Mr. Harper stated that he wanted Council s approval before signing the MOU. Motion was made by Councilman Foxworth, seconded by Councilman Floyd, and carried unanimously. The Administrator presented to Council as information an email from Mr. Ronald Clukey the Executive Director with Up Up and Away Carolina requesting permission to use the
Minutes, October 9, 2018, Page 5 airport for a Hot Air Balloon Festival on May 10-12 2019. Mr. Harper stated that the attorney and the finance director would check into the insurance coverage regarding this said matter. The Deputy Administrator explained the appointments to the Countywide Project. Mr. Williams stated that this project will be designed to attract tourist, businesses, economic development etc. He stated that a letter was sent to the Mayors and the Chairman of Council to appoint two (2) representatives from each governmental agency to serve on this commission. Mr. Williams stated that the municipalities have submitted their names with the exception of Nichols and Marion County Council. Chairman Collins stated that two (2) names were submitted by Council. Mr. Williams stated that the names would have to be approved by Council. Vice Chairperson Smith stated that Council discussed projects such as a wellness center, and recreation etc. She stated that it's not clear what they are trying to accomplish. Councilman Atkinson stated that it started out with recreation and a camping facility in a countywide park. Councilman Troy stated he does not think a committee is needed. Mr. Williams explained the importance of the committee and stated that the County would get a professional facilitator from Parks and Recreation to facilitate this project. After a discussion by members of Council, Chairman Collins asked Council to have their names submitted by the next Council meeting. Vice Chairperson Smith told Council that the Hope Clothing Store was damaged during the storm. She asked Mr. Harper about the request from Green Bulb Lighting. Mr. Harper stated that Ms. Alta Dubose is gathering the information. He told Council that this group is requiring funding upfront. Vice Chairperson Smith asked Mr. Harper to have the information available by Friday, October 19 th. Councilman Troy stated that the County has few or no request for assistance from the Pee Dee Regional Council of Governments in reference to grants. He stated that the County needs to make this happen. Councilman Troy wanted to know the status on the automatic doors to the entrance of the building. He stated that they would like to see the doors open automatically within (30) days. Mr. Harper stated that he would check with Mr. Benny Rowell the Public Buildings Director. Councilman Troy brought up the West Mullins Drainage Project. Mr. Harper told Councilman Troy that this said matter will be brought up at the CTC meeting on Wednesday, October 24 th. Councilman Atkinson brought up an issue regarding Mr. Donald Collins the owner of Collins Roofing. Councilman Atkinson stated that Mr. Collins needed several permits, but was not allowed to get them because he did not have a written contract. Mr. Harper stated that it is a requirement to have a written contract. He explained to Council that the permit is the cost of work that s being done. After a brief discussion by members of Council, Mr. Jimmy Brown stated as the building official he can make that decision but was not approached regarding the issue. The County Attorney told Council that he would have to research the ordinance. Councilman Floyd asked Mr. Brown to contact Mr. Donald Collins to resolve this issue. Motion was made by Councilman Foxworth, seconded by Councilman Floyd, and carried unanimously, to go into executive session for personnel (2) contractual and (2) economic development matters.
Minutes, October 9, 2018, Page 6 Motion was made by Councilman Floyd seconded by Councilman Foxworth, 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 personnel (2) contractual and (2) economic development matters. There being no further business to discuss, motion was made by Councilman Floyd, seconded by Councilman Foxworth, to adjourn the meeting at approximately: 12:04 P.M. Buddy Collins, Chairman Sabrina Davis, Clerk of Council