The County Attorney told Council that item D. on the agenda; Second Reading of Ordinance

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1 March 22, 2018 The Marion County Council held its regular meeting on Thursday, March 22, 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; Kent M. Williams, Deputy 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 Shaw, and carried unanimously, to approve the minutes of the regular meeting held on March 13, The County Attorney told Council that items A, B, C, D, E, F, G, H first 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 # 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; C. 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; D. Second Reading of Ordinance # An Ordinance (1) Approving, Pursuant to section of the South Carolina Code of Laws, 1976, As Amended, A Lease Purchase

2 Minutes, March 22, 2018, Page 2 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; 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 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; F. 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; G. Second Reading of Ordinance # An Ordinance to Authorize an Agreement for the Development of a Joint Industrial and Business Park in Conjunction with Horry County, such park to be Geographically located in Horry County and established Pursuant to Sec of the code of laws of South Carolina, 1976 As Amended; To Provide for a written agreement with Horry 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. 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 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 C. 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 D. 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.

3 Minutes, March 22, 2018, Page 3 The County Attorney told Council that item E. 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 F. 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 G. on the agenda; Second Reading of Ordinance # An Ordinance to Authorize an Agreement for the Development of a Joint Industrial and Business Park in Conjunction with Horry County, such park to be Geographically located in Horry County and established Pursuant to Sec of the code of laws of South Carolina, 1976 As Amended; To Provide for a written agreement with Horry 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 Shaw, seconded by Councilman Foxworth, to approve second reading of Ordinance # There were no reports given by Committee #1 or Committee #2. Vice Chairperson Smith stated that Committee #2 has two meetings pending. The County Attorney provided Council a copy of a notice of a grant agreement (Water Recreational Resources Fund) and a DNR contract in reference to Fork Retch Landing. Mr. McLain told Council that the closing is scheduled for Tuesday. The agreement entails the purpose of providing additional parking facilities to support public access to the Little Pee Dee River at the existing Fork Retch Landing. The Water Recreational Resources Fund can only be used for those purposed as defined. Mr. McLain pointed out two references in the agreement. (1) The Recipient is seeking $100, in reimbursement for this project. (2) DNR has agreed to pay whatever the County s cost is for the acquisition. Mr. McLain told Council that the only change would be limited to the cost of the property of the $100, plus whatever those expenses are. Motion was made by Councilman Floyd, seconded Councilman Foxworth, and carried unanimously. Dr. Paul DeMarco appeared before Council to speak in reference to the Capital Sales Tax. Dr. DeMarco provided Council a copy of his comments and stated that he is concerned that rushing to solicit vet and approve a CST ballot to quickly will result in a poor project. He stated it is unlikely that the new CST commission would meet for the first time before mid-april. The CST went into effect in May of Its 7-year term will expire in May of He asked Council to consider placing the CST on the 2019 ballot rather than the 2018 ballot if there is a general election in Dr. DeMarco stated if there is no general election in 2019, Council must supply dedicated support to the CST commission to ensure that legitimate and feasible projects are approved. Council thanked the Capital Sales Tax Commission for an outstanding job on the prior projects. Chairman Collins thanked Dr. DeMarco for his presentation.

4 Minutes, March 22, 2018, Page 4 Mr. David Hudspeth the City of Mullins Administrator appeared before Council requesting the County to consider assuming all court responsibilities performed by the Mullins Municipal Court. Council was provided a copy of the letter and municipal court cost. Mr. Hudspeth stated that the City of Mullins would waive all potential revenue generated from fines and fees collected for charges made by the Mullins Police Department. He explained that the City of Mullins has a full-time judge, an assistant judge that just retired, a Clerk of Court who is also the city clerk, victim's advocacy, and a part-time clerk. Vice Chairperson Smith stated that this said matter should be addressed during the budget process. Motion was made by Councilman Shaw, to refer this said matter to Committee #1. Councilman Floyd went into a discussion before a member of Council made a second to the motion. Councilman Shaw withdrew his motion. Councilman Floyd wanted to know the number of employees in the magistrate office. Senator Williams addressed the question and stated there are (2) full-time magistrates (1) parttime and (5) clerks. Senator Williams stated in his opinion that he doesn't think it would require additional staff. Councilman Atkinson stated that the County needs to be prepared for the request from the City of Marion, the Town of Nichols, and the Town of Sellers. Motion was made by Councilman Shaw seconded by Vice Chairperson Smith to refer this said matter to Committee #1. Councilman Floyd voted against the motion. The motion carried. Chairman Collins scheduled the Committee #1 meeting for Tuesday, March 27 th at 9:00 am. Chairman Collins thanked Mr. Hudspeth for his presentation. The Administrator asked Council s approval on a Resolution to Create a Commission Pursuant to the Capital Project Sales Tax Act, South Carolina Code Annotated , ET SEQ.: To Provide for the Appointment, Composition, Duties, and Responsibilities of such Commission and to provide for Other Matters Relating Thereto. Motion was made by Councilman Floyd, seconded by Councilman Foxworth, and carried unanimously. The Administrator updated Council on the Capital Sales Tax. Mr. Harper told Council that the last project which is the Mullins Fire Station is moving forward. The three alternate projects are the Watsonia Recreational Center, Britton s Neck Training Grounds, and the Nichols Fire Department. The Administrator updated Council on Hurricane Matthew. Mr. Harper told Council that Mr. JR Sanderson with the South Carolina Disaster Recovery Office will attend the April 26 th meeting to give an update in reference to the HUD funding. The Administrator told Council that Chairman Collins, Councilman Troy, Senator Williams and himself will be meeting with the Governor on Thursday, March 29 th at 2:00 pm to discuss the funding regarding Hurricane Matthew. The Administrator reported to Council that an ATM machine has been installed in the lobby and at the Sheriff s Department. He mentioned that the County is in the process of getting debit card machines for the Treasurer s Office, Environmental Services, and the Building License Department. The Administrator told Council that a representative from Congressman Rice office meets bimonthly at the City of Marion. Mr. Harper stated that a discussion was held to move those meetings to the Administration Building.

5 Minutes, March 22, 2018, Page 5 The Administrator reminded Council about the meeting on Wednesday, March 28 th at 5:30 pm in reference to the Pay Classification Study. He also mentioned Thursday, March 29 th at 11:00 am a ribbon cutting for DMA Holding at the old Fabric Resources. Councilman Floyd asked Council to adopt a resolution for the City of Marion (12) and under basketball team who won the State Championship. Motion was made by Councilman Floyd, seconded by Councilman Atkinson, and carried unanimously. Motion was made by Vice Chairperson Smith, seconded by Councilman Foxworth, and carried unanimously, to go into executive session for an economic development matter. Motion was made by Councilman Shaw, 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 an economic development matter. There being no further business to discuss, motion was made by Councilman Shaw, seconded by Councilman Atkinson, to adjourn the meeting at approximately: 8:46 P.M. Buddy Collins, Chairman Sabrina Davis, Clerk of Council