June 28, The County Attorney opened the floor to the public for questions. There were no questions from the public regarding this ordinance.

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1 June 28, 2018 The Marion County Council held its regular meeting and public hearing on Thursday, June 28, 2018, at 7:00 P.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 G. Timothy Harper Administrator; Charles L. McLain III, County Attorney; and Sabrina Davis, Clerk to Council. A representative from the Star & Enterprise was 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 Floyd, and carried unanimously, to approve the minutes of the regular meeting held on June 12, 2018, and a budget workshop held on June 20, Motion was made by Councilman Foxworth, seconded by Councilman Shaw, and carried unanimously, to recess the regular meeting and open the public hearing for Ordinance # The County Attorney opened the floor to the public for questions. There were no questions from the public regarding this ordinance. Motion was made by Councilman Shaw, seconded by Councilman Foxworth, and carried unanimously, to close the public hearing and reconvene the regular meeting. The County Attorney told Council that items A, B, C, D, E, F, G, H, I second & third readings for ordinances listed on the agenda as follows were ready: A. 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; B. Second Reading of Ordinance # 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

2 Minutes, June 28, 2018, Page 2 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 # 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; D 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; E 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 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. Third Reading of Ordinance # Fiscal Year Budget G. First Reading of Ordinance # An Ordinance to Impose a One Percent Sales Tax, Subject to a Referendum, Within Marion County Pursuant to The Capital Project Sales Tax Act; To Define the Specific Purposes and Designate The Projects for Which The Proceeds of the Tax May Be Used; To Provide the Maximum Time for Which the Tax May Be Imposed; To Provide The Maximum Cost of The Projects or Facilities Funded From the Proceeds To Be Raised by The Tax; To Provide for a County-Wide Referendum And To Concur in The Contents of the Ballot Question in Such Referendum; To Establish The Priority in Which the Proceeds of the Tax Are To Be Expended; To Authorize The Issuance of General Obligation Bonds of Marion County, Subject To Such Referendum, To Defray Costs of Projects and Issuance Costs; To Provide for The Conduct of Such Referendum; To Provide for The Administration of the Tax; To Provide for the Payment of the Tax; And to Provide for Other Matters Relating Thereto; H. First Reading of Ordinance # An Ordinance Authorizing the Termination and Repeal of the current Marion County Personnel Policies and Procedures Manual Adopted November 10, 2009, and all Amendments Thereafter, and Authorizing the Adoption of the Newly Revised Marion County Personnel Policies and Procedures Manual Dated July 2018, Attached Hereto As Exhibit A ; I. First Reading of Ordinance # An Ordinance of Marion County, South Carolina Approving a Title to Sewer System and Grants of Easements for Sewer and/or Water Systems located in a portion of the Marion County Industrial Park as referenced on that certain Title To Sewer and Grants of Easement attached hereto and incorporated herein as Exhibit A, to authorize the County Administrator to execute the same, and to authorize all matters related thereto. The Administrator presented to Council a copy of the proposed budget. Mr. Harper told Council that this year s budget will take in effect $18,978, of that the County would have to dip into the fund balance. He stated that the budget does include the salary study. A 1% increase for all employees that are not brought up to the 1% in the salary study. There are no fee increases. The only staff changes are those in the salary plan. Mr. Harper stated the budget does include a milage increase that the County is allowed to go up by the CPI that the State sets each year which is 2.3%. Motion was

3 Minutes, June 28, 2018, Page 3 made by Councilman Atkinson, to adopt the Fiscal Year Budget The motion was seconded by Councilman Troy and carried unanimously. The County Attorney told Council that item A. on the agenda; 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 was not ready: The County Attorney told Council that item B. 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 C. 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 D. 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 E. 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 F. on the agenda; Third Reading of Ordinance # Fiscal Year Budget was ready: Motion was made by Councilman Atkinson, seconded by Councilman Troy, and carried unanimously, to approve third reading of Ordinance # The County Attorney told Council that item G. on the agenda; First Reading of Ordinance # An Ordinance to Impose a One Percent Sales Tax, Subject to a Referendum, Within Marion County Pursuant to The Capital Project Sales Tax Act; To Define the Specific Purposes and Designate The Projects for Which The Proceeds of the Tax May Be

4 Minutes, June 28, 2018, Page 4 Used; To Provide the Maximum Time for Which the Tax May Be Imposed; To Provide The Maximum Cost of The Projects or Facilities Funded From the Proceeds To Be Raised by The Tax; To Provide for a County-Wide Referendum And To Concur in The Contents of the Ballot Question in Such Referendum; To Establish The Priority in Which the Proceeds of the Tax Are To Be Expended; To Authorize The Issuance of General Obligation Bonds of Marion County, Subject To Such Referendum, To Defray Costs of Projects and Issuance Costs; To Provide for The Conduct of Such Referendum; To Provide for The Administration of the Tax; To Provide for the Payment of the Tax; And to Provide for Other Matters Relating Thereto was ready: 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 H. on the agenda; First Reading of Ordinance # An Ordinance Authorizing the Termination and Repeal of the current Marion County Personnel Policies and Procedures Manual Adopted November 10, 2009, and all Amendments Thereafter, and Authorizing the Adoption of the Newly Revised Marion County Personnel Policies and Procedures Manual Dated July 2018, Attached Hereto As Exhibit A was ready: 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 I. on the agenda; First Reading of Ordinance # An Ordinance of Marion County, South Carolina Approving a Title to Sewer System and Grants of Easements for Sewer and/or Water Systems located in a portion of the Marion County Industrial Park as referenced on that certain Title To Sewer and Grants of Easement attached hereto and incorporated herein as Exhibit A, to authorize the County Administrator to execute the same, and to authorize all matters related thereto was ready: 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. The County Attorney presented to Council a Resolution Authorizing a Second Amendment of that certain Fee In Lieu of Tax Agreement between Marion County, South Carolina and Precision Southeast, Inc. and SEMO, LLC Dated November 12, 2013, To Provide a Five-Year Extension of the Investment Period Under the Agreement and Other Matters Related Thereto. Mr. McLain stated that it extends beyond the termination period of the existing fee. Motion was made by Councilman Floyd, seconded by Councilman Foxworth, and carried unanimously. Sheriff Brian Wallace reported to Council that the National Sheriff s Association named Marion County Sheriff s Office the 2018 recipient of its Crime Victim Service Award. The award recognizes outstanding achievement by sheriff s office in support of victims and is sponsored by Appriss Safety. Councilman Atkinson asked Council to adopt a resolution recognizing the Marion County Sheriff s Office for receiving the National Crime Victim Service Award. The motion was seconded by Councilman Troy and carried unanimously. Chairman Collins thanked the Sheriff for his presentation.

5 Minutes, June 28, 2018, Page 5 Mr. Mark Smith with SBP and Ms. Sandee Rogers with the Town of Nichols appeared before Council to discuss the Nichols Flood Mitigation Project. Ms. Rogers provided Council a copy of the presentation. Mr. Smith stated that the Hazard Mitigation Grant Program provides grants to states and local governments to implement long-term hazard mitigation measures after a major disaster declaration. The town of Nichols and Marion County have jointly applied for HMGP funds to mitigate flooding in and around the town of Nichols. Marion County is the sponsor of Nichols application due to the fact that the program will affect county land as well as the town of Nichols. Mr. Smith stated that Nichols has applied to the South Carolina Disaster Recovery Office to cover the 25% local cost match up to $1,000,000. The goal is to have the County Council designate an authorized representative to attend the HGMP kick-off meeting and to work with Nichols in implementing this program moving forward. Ms. Rogers went over the payment schedule for Phase 1, option 1 and 2. She gave an overview of the HMGP financial tracking. She asked that the County front Nichols the funds to make those payments in order to make the process work. She stated that Nichols does not have the funds. The County Attorney stated that he did not know what the term authorized representative means. The Administrator stated if those funds run through the County they become a part of County funds that the County has a liability for. Mr. Harper was concerned about opening a joint bank account. He stated that the County will have representatives at the meeting on Friday. Council wanted to know why they were not aware of this project. Mayor Lawson Battle told Council that he thought they were aware. Mr. Harper stated that he just recently found out that the grant was awarded. Council had several questions regarding this said matter. Councilman Floyd asked does anything have to be a signed or documented at the meeting on Friday. The attorney for Nichols stated that they are not looking for the County to sign anything at the meeting on Friday. They are requesting a representative from the County to attend the meeting. Chairman Collins thanked Mr. Smith and Ms. Rogers for their presentation. The County Attorney requested to add a legal matter to executive session. Motion was made by Vice Chairperson Smith, seconded by Councilman Foxworth, and carried unanimously. The Administrator updated Council on the Capital Sales Tax. Mr. Harper told Council the Capital Sales Tax Commission has finalized their review of the projects that were submitted. The Administrator had nothing new to report in reference to Hurricane Matthew. The Administrator provided Council a copy of the revised Personnel Policy & Procedures. He also provided Council a copy of the GASB 45 benefits review. The Administrator gave Council a brief overview of Ordinance # regarding the sewer system. Mr. Harper told Council that the sewer system is the lift station at the industrial park where the spec building is located. The Administrator provided Council a copy of an agreement with Southern Health Partners. Mr. Harper told Council that SHP manages the inmate's medical needs at the Detention Center. Mr. Harper asked Council s approval of the agreement with Southern Health Partners. Motion was made by Councilman Foxworth, seconded by Councilman Floyd, and carried unanimously.

6 Minutes, June 28, Page 6, 2018 The Administrator provided Council a copy of a Memorandum of Agreement with the Department of Juvenile Justice to house juvenile inmates. The per diem rate is $50.00 per day. Mr. Harper asked Council s approval on MOA with the Department of Juvenile Justice. Motion was made by Councilman Foxworth, seconded by Councilman Floyd, and carried unanimously. Councilman Shaw wanted to know the status of Pet Larrimore Road in Gresham. Mr. Harper told Mr. Shaw that he would check into this said matter. Councilman Troy asked for an update on the canals in Nichols. Mr. Harper stated that the Town of Nichols is still working on getting the right-away and easements. Councilman Troy mentioned that there was a discussion in reference to public relations and grants. Mr. Harper stated that he would be handling the grants and public relations until a parttime person is hired. Chairman Collins brought up the Blumenthal Building. He stated that the City of Marion and the County has cleaned up around the building. He suggested getting some type of chemical to spray along the fence line and those vines that are growing up into the air condition. Mr. Harper told Council that he and Mr. Benny Rowell has discussed this said matter. Councilman Foxworth wanted to discuss an issue in reference to charging the municipalities for housing inmates. Mr. Harper suggested sending out a listserve to other Administrators across the State to find out how they are handling this issue. Motion was made by Vice Chairperson Smith, seconded by Councilman Foxworth, and carried unanimously, to go into executive session for a contractual and a legal 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 contractual and a legal matter. Chairman Collins add the following amendments to the contract regarding the Marion County Magistrates Office taking over the judicial duties for the City of Mullins. They are as follows: (1). The City of Mullins transfer all records to the Marion County Magistrates Office of all outstanding tickets that have not been tried or disposed of. (2). Have the City of Mullins take their outstanding tickets and match their outstanding bond monies to those tickets and all outstanding tickets and bond monies turned over to the Magistrates Office only the outstanding tickets that have not been tried. (3). Request that the $5,000 in the City of Mullins budget be paid to the Victim s Advocate Fund. He stated once these items are met the County will start handling the court system for the City of Mullins. This matter would be handled by all parties that are involved that include the County Administrator, County Attorney, County Council, Senator, House of Representatives, City of Mullins, City of Mullins Administrator, Mullins City Council and the Magistrates. Chairman Collins stated that all parties are to get together and have this matter resolved and be in full function by July 31, Motion was made by Councilman Floyd, seconded by Councilman Foxworth. The Administrator recommended sending a letter to the Delegation regarding this said matter. Councilman Floyd amended his motion to reflect the change. Councilman Foxworth amended his second. Chairman Collins stated that he wants

7 Minutes, June 28, 2018, Page 7 Council to be aware of every meeting. The Administrator stated that the Chairman and Vice Chairperson should be the representatives at the meetings. Motion was made by Councilman Floyd, seconded by Councilman Foxworth, and carried unanimously. There being no further business to discuss, motion was made by Councilman Atkinson, seconded by Councilman Floyd, to adjourn the meeting at approximately:9:40 P.M. Buddy Collins, Chairman Sabrina Davis, Clerk of Council

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