February 12, 2019 The Marion County Council held its regular meeting and public hearing on Tuesday, February 12, 2019, at 9:00 AM. in the Marion County Council Chambers, Administration Building, Marion, South Carolina. Members present were 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, 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. Absent: Buddy Collins, Chairman Vice Chairperson Smith called the meeting to order and asked Chaplain Allen W. Floyd to lead the Invocation, after which she welcomed visitors and read the Freedom of Information Announcement. Motion was made by Councilman Foxworth, seconded by Councilman Atkinson and carried unanimously, to approve the minutes of the regular meeting held on January 24, 2019. Motion was made by Councilman Foxworth, seconded by Councilman Floyd, and carried unanimously, to recess the regular meeting and open the public hearing for Ordinance #2018-15. 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 Foxworth, seconded by Councilman Floyd, 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 first, second & third readings for ordinances listed on the agenda as follows were ready: A. Third Reading of Ordinance #2018-15 An Ordinance Authorizing the Conveyance of a portion of County Property located in Marion County Industrial Park shown as Marion County Tax Parcel Numbers 055-00-00-224-000, 055-00-00-121-000 & 055-00-00-127-000 to Project Exchange Pursuant to the terms, conditions and certain Contingencies of that certain
Minutes, February 12, 2019, Page 2 purchase and sales agreement between the parties, To Authorize the County Council Chairman or County Administrator to execute such contract, or the Ratification Thereof, and To Authorize Other Matters Related Thereto; B. Second Reading of Ordinance #2019-01 An Ordinance to Provide for the Issuance and Sale of not Exceeding Fourteen Million One Hundred Sixty Thousand Dollars ($14,160,000) General Obligation Bond or Bonds of Marion County, South Carolina, to Prescribe the purposes for which the proceeds of said Bond or Bonds Shall be Expended, To Provide for the Payment of said Bond or Bonds, And Other Matters Relating Thereto; C. Second Reading of Ordinance #2019-02 An Ordinance Authorizing the Execution and Delivery of an Infrastructure Credit Agreement by and Among Marion County, South Carolina, and Project Chipper, Providing for the Issuance of Special Source Revenue Credits and Other Matters Related Thereto; D. Second Reading of Ordinance #2019-03 An Ordinance Authorizing the Execution and Delivery of an Infrastructure Credit Agreement by and AmongMarion County, South Carolina, and Project Squid Providing for the Issuance of Special Source Revenue Credits and Other Matters Related Thereto. E. First Reading of Ordinance #2019-04 An Ordinance Authorizing (1) The Execution and Delivery of a Special Source Revenue Credit Agreement by and between Marion County, South Carolina and a company identified for the time being as Project Kiddo, Acting for itself, and/or one or more affiliates or related entities (The Company ) To Provide for Special Source Revenue Credits with Respect to certain property located in Marion County; (2) The Benefits of a Multi-County Industrial or Business Park to be made available to the company and such property; and (3) Other Related Matters. The County Attorney told Council that item A. on the agenda; Third Reading of Ordinance #2018-15 An Ordinance Authorizing the Conveyance of a portion of County Property located in Marion County Industrial Park shown as Marion County Tax Parcel Numbers 055-00-00-224-000, 055-00-00-121-000 & 055-00-00-127-000 to Project Exchange Pursuant to the terms, conditions and certain Contingencies of that certain purchase and sales agreement between the parties, To Authorize the County Council Chairman or County Administrator to execute such contract, or the Ratification Thereof, and To Authorize Other Matters Related Thereto was ready. Motion was made by Councilman Atkinson, seconded by Councilman Foxworth, and carried unanimously, to approve third reading of Ordinance #2018-15. The County Attorney told Council that item B. on the agenda; Second Reading of Ordinance #2019-01 An Ordinance to Provide for the Issuance and Sale of not Exceeding Fourteen Million One Hundred Sixty Thousand Dollars ($14,160,000) General Obligation Bond or Bonds of Marion County, South Carolina, to Prescribe the purposes for which the proceeds of said Bond or Bonds Shall be Expended, To Provide for the Payment of said Bond or Bonds, And Other Matters Relating Thereto was ready. Motion was made by Councilman Foxworth, seconded by Councilman Floyd, and carried unanimously to approve second reading of Ordinance #2019-01. The County Attorney told Council that item C. on the agenda; Second Reading of Ordinance #2019-02 An Ordinance Authorizing the Execution and Delivery of an Infrastructure Credit Agreement by and Among Marion County, South Carolina, and Project Chipper, Providing for the Issuance of Special Source Revenue Credits and Other Matters Related Thereto was not ready.
Minutes, February 12, 2019, Page 3 The County Attorney told Council that item D. on the agenda; Second Reading of Ordinance #2019-03 An Ordinance Authorizing the Execution and Delivery of an Infrastructure Credit Agreement by and Among Marion County, South Carolina, and Project Squid, Providing for the Issuance of Special Source Revenue Credits and Other Matters Related Thereto was not ready. The County Attorney told Council that item E. on the agenda; First Reading of Ordinance #2019-04 An Ordinance Authorizing (1) The Execution and Delivery of a Special Source Revenue Credit Agreement by and between Marion County, South Carolina and a company identified for the time being as Project Kiddo, Acting for itself, and/or one or more affiliates or related entities (The Company ) To Provide for Special Source Revenue Credits with Respect to certain property located in Marion County; (2) The Benefits of a Multi-County Industrial or Business Park to be made available to the company and such property; and (3) Other Related Matters was ready. The County Attorney introduced the title of the ordinance and stated that this constitutes first reading of Ordinance #2019-04. There were no reports given by Committee #1 or Committee #2. The County Attorney had nothing to report. The Administrator updated Council on the Capital Sales Tax. Mr. Harper told Council that the Britton s Neck Training Ground and the Nichols Fire Station is moving forward. The Administrator updated Council on the Hurricane. Mr. Harper told Council that the County is continuing to work with FEMA. He stated that several meeting has been held in reference to Hazard Mitigation on the flood waters. Mr. Harper stated that the Hazard Mitigation money has not been released. He reported that a meeting was held with the American Red Cross and the school district to discuss the issues with the shelters. The Administrator showed Council a map of the substantially damaged property by districts. Mr. Harper told Council that those residents received a letter from the building inspectors office. A list of addresses was provided of the community and the response. Mr. Harper told Council that Mr. Brown held a meeting in Sellers for those who received letters. The Deputy Administrator answered a question from Councilman Shaw regarding the flood water. Mr. Williams stated that the Governor has appointed a commission of 60 individuals to address the flood water situation. The Administrator provided Council a copy of the Friday Report from the South Carolina Association of Counties in reference to the Tort Claims Act. Mr. Harper told Council that these bills could have a major impact on the municipalities, counties, and schools. He stated if this bill were to pass it would codify a 300% increase in liability. Mr. Harper stated that he has already had this discussion with Senator Williams. Mr. Harper also told Council that the LGF was introduced in the Senate and referred to the Senate Finance Committee.
Minutes, February 12, 2019, Page 4 The Administrator provided Council information in reference to millage for counties with a mil value less than $100,000. Mr. Harper also provided information to the Coastal & Pee Dee Economic Development Summit to be held on Wednesday, February 20th at the SiMT Facility from 9:00 a.m. to 12:30 p.m. He reminded Council about the Mid-Year Conference to held on Wednesday, February 20th in Columbia at the Embassy Suites. Ms. Ogleretta D. White appeared before Council to give a brief update on the easements and right-away project. Ms. White reported that 463 letters have been mailed and 63 completed. She stated that the task has been completed, but just waiting on the letters to come back. Vice Chairperson Smith thanked Ms. White for her presentation. The Administrator told Council in the past the County has been using Right Express Mansfield Gas Cards. Mr. Harper stated that a meeting was held with a representative from Fuelman regarding gas cards. He stated the Right Express Mansfield allows the County to get a certain percentage off the retail price of fuel. Fuelman allows the County to save money throughout the year. Mr. Harper asked Council s approval to switch from Right Express Mansfield to Fuelman gas cards. Motion was made by Councilman Foxworth, seconded by Councilman Floyd, and carried unanimously. The Administrator provided Council a copy of the Marion County Cell Phone Usage Policy. Mr. Harper told Council that the County has several employees that use a County cell phone. Mr. Harper asked Council s approval on the Marion County Cell Phone Usage Policy. Motion was made by Councilman Foxworth, seconded by Councilman Floyd, and carried unanimously. Councilman Troy wanted to know the status on the lighting project and the automatic doors. Mr. Harper reported that Green Bulb Lighting will have a presentation at the next meeting. Mr. Harper told Council that an electronic part had to be ordered for the doors. The Administrator told Council that Mr. Douglas Emmanuel is the new supervisor at the Marion County Shop. Vice Chairperson Smith requested to have the County Seal replicated to present as a gift to prospects and special events. Mr. Harper stated that he would check out a few options. The Administrator told Council that the Veterans of Foreign Wars (VFW) Post #10319 held a ribbon cutting ceremony at their new location yesterday located on Senator Gasque Road. Mr. Harper stated that Mr. Duncan Godbolt began working on this project several years ago. With help from the State and the Healthcare Foundation, the VFW Post # 10319 has a new facility. Motion was made by Councilman Foxworth, seconded by Councilman Floyd, and carried unanimously, to go into executive for (3) legal matters and a contractual matter. Motion was made by Councilman Foxworth, seconded by Floyd, and carried unanimously, to close executive session and reopen the regular meeting. Vice Chairperson Smith stated that no action was taken during executive session called for (3) legal matters and a contractual matter.
Minutes, February 12, 2019, Page 5 The County Attorney asked Council s approval on the opioid litigation that started last year. Mr. McLain stated that directions have been changed from the Federal system to the State system. This would involve other lawyers included himself. He stated there will be an amendment to the engagement agreement. Mr. McLain stated that nothing else changes except for the associate attorney s and changes the venue of the action to State Court instead of Federal Court. Motion was made by Councilman Atkinson, seconded by Councilman Foxworth, and carried unanimously. The County Attorney told Council that the County has received a contract from a project code named Project Squid to purchase the Road Rescue property located in the industrial park. Mr. McLain explained that it's for the building and the acreages associated with that from the industrial park road to the left and over to the back, up to the marsh line. He stated that contract to purchase is at a value of $2.6 million. Mr. McLain asked Council s approval to execute the contract authorizing the Administrator to sign the contract on behalf of the County. Motion was made by Councilman Foxworth, seconded by Councilman Floyd, and carried unanimously. There being no further business to discuss, motion was made by Councilman Shaw, seconded by Councilman Atkinson, to adjourn the meeting at approximately: 10:57 AM. Buddy Collins, Chairman Sabrina Davis, Clerk of Council