SUBJECT:Minutes of PH & Regular Meeting, 9/18/17

DATE:9/19/17FILE NO: DATE263

TO:Cherokee County Council

SUBJECT:Minutes of PH & Regular Meeting, 9/18/17

There was a PH & Regular Meeting, Monday, 9/18/17, 5 PM in Council Chambers. Chairman Tim Spencer presided with Charles Mathis leading in prayer. Council members present were Tracy McDaniel, Tim Spencer, Quay Little, David Smith & Charles Mathis. Absent: Mike Fowlkes. Administrator Belue, Attorneys Mathis & Thompson and Clerk Doris Pearson were present. The news media was informed by agenda and in compliance with the SCFOIA and one was present. There were 8 visitors.

Councilman Tracy McDaniel made the motion to adopt the agenda of the PH & Regular Meeting of 9/18/17 with the change of moving Item 8 after Item 12. David Smith seconded and council voted in favor.

Councilman Quay Littlemade the motion to adopt the minutes of the Regular Meeting of 9/5/17 as received. David Smith seconded and council voted in favor.

Chairman Tim Spencer opened the Public Hearing on two matters: 1) Ordinance No. 2017-24 with respect to the approval by Cherokee Co., SC of the amendment of a Fee-in-Lieu of Tax Agreement & a Special Source Credit. The Amended Fee Agreement & Special Source Credit will be entered into by Project DejaVu, Project DejaVa QALICB, LLC and Cherokee Co., SC. Project DejaVu’s property is located at 815 Pickens St., Chesnee, SC. No one was present to speak. 2) Ordinance No. 2017-25 authorizing a Fee-in-Lieu of Tax Arrangement on behalf of Project Limestone, Inc. pursuant to a Fee-in-Lieu of Tax Agreement between Cherokee Co., SC and the Company; authorizing a 5 year extension of the investment period for all investments over the statutory minimum investment; authorizing the execution & delivery of an Infrastructure Financing Agreement (IFA), granting certain infrastructure credits to the Company; and other matters relating to the foregoing. No one was present to speak and Chairman Spencer closed the Public Hearing.

Councilman Charles Mathis made the motion to allow Coroner Dennis Fowler to accept the SC Dept. of Health & Environmental Control 2017 Grant in the amount of $2015 for the purchase of ham radio equipment to be installed in the Upstate Communications Trailer. David Smith seconded and council voted in favor.

Administrator Holland Belue announced that the SCAC County Focus Volume 28 No. 2 Magazine focused Cherokee County’s East Smart Move More Coalition. This coalition received National Recognition lasts year for successfully creating healthy lifestyles for children countywide. Clerk Doris Pearson sits on this committee as well as Executive Director Robin Reed & her assistant Heather Swayngim from Know2. This committee strives to teach our young people the importance of eating properly and exercising to live healthier lifestyles now as well as into adulthood as well as stressing this to adults. Robin Reed thanked council for their support.

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Administrator Holland Belue stressed the need for a car for the Magistrate Office to use as local transport to the post office, bank, etc. They have been using personal vehicles for the past several years. In years past, that was part of the official allowance that was given to the Chief Magistrate however we now no longer have an official allowance for the Chief Magistrate. Administration recommends that we supply a vehicle from our vehicle pool to their Dept. It will be an add vehicle. I have temporarily have assigned the old Solicitor’s Ford Tarsus vehicle that has over 150,000 miles to them. This would be an amendment to the budget because there was no money budgeted for insurance & gasoline for this vehicle. Quay asked with all the vehicles down there at the Sheriff Dept. can they not work together to run these errands? Holland replied part of the professional allowance that was given to Chief Magistrate was the expectation that the Chief Magistrate run those errands. Whenever we transition Chief Magistrates 7/1/17, that professional allowance that was going to the former Chief Magistrate stayed with him because under statue, you are not allowed to take that away from his pay. Judge Wright did not get that professional allowance. All of the Sheriff’s vehicles are assigned or are marked vehicles that ordinary citizen will not be allowed to drive. Chief Magistrate Wright requests that you assign his Dept. a vehicle. One of his employees took the deposit to the bank in her personal vehicle and was hit in the rear of her car. No damage was done but it could happen again. Holland stated the allowance was given to Judge Howell but he no longer is Chief Magistrate. Quay asked so is money being allowed for this but it is not being used for it? Holland replied there is no requirement under the state guideline that says what they have to do with it. My understanding when I came to work here 10 years ago was that was why this allocation was put in their budget so the Chief Magistrate could take the deposits to the bank, pick up the mail, etc. with his personal vehicle. For some time now the Chief Magistrate has not done that, it has been his clerks. Quay asked Holland if he has talked with Judge Howell about this? Holland replied I talked with Chief Judge Wright. Holland withdrew his recommendation until he can talk with Judge Howell regarding this.

Administrator Belue passed out updates of the Cherokee Co. Transportation Committee, it is a 5 member board appointed by the Cherokee Co. Delegation. Basically you are no longer in the capacity of the CTC since last year. Cash on hand as of 2 wks. ago was $992,244.70. Five projects have been funded, 3 by County Council while you were still the CTC; 2 of which were added by the CTC. These projects went to bid once and were rejected because they were over budget; the project then has had additional money allocated. That money was put in the projects for re-bid and once again they came in over budget. They needed an additional $86,214.40 to fund those 5 projects (a copy of projects is attached). The additional funds of $86,214.40 was allocated by the CTC to fund these projects. Additional roads were added at the request of the SCDOT (on attached list) and approved by the CTC. After those projects were allocated it left an uncommitted balance of $142,830.30. We gain approximately $80,000/month from the CTC funding and the CTC asked that I request from council a list of your road priorities within your district; from that list we will need to prioritize those roads not by county district but by overall county. It will no longer be a 7 priority list where each of you get an allocation of funding. You will have to allocate these roads and prioritize them from a county wide fashion. You will also be getting road requested from the City of Gaffney and Town of Blacksburg; those

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roads will also have to be prioritize within your county wide list. Basically the CTC will be seeing two lists; one from SCDOT and one from the county which includes your roads, the City of Gaffney roads and Town of Blacksburg roads. Information such as traffic count data, length of roads, etc. will be major contributing factors; overall condition of the road will not necessarily be the contributing factor. You will be competing for money with roads that have 200 cars/day against roads that have up to 4,000 cars/day. I have been assured by the CTC members that we will get fair & equal treatment and we will have an opportunity to compete for our roads that are to the best interest of our county. I am asking for your list of roads so we can compile them and get them to the CTC by 2/1/18. I will be meeting with the City of Gaffney & Town of Blacksburg as well. I’ll have Matt Sellars to work with each of you & Town of Blacksburg to compile the road list; the City of Gaffney will provide their own list and we will assist them as best we can. We are having to purchase instruments to provide accurate data for these roads. As I get the updated document from SCDOT, I will inform council. If you submit a road that you want and the state also wants, it will get higher ranking. We have a huge volume of roads that are not state roads and we need to make sure we get attention to these. We will no longer be the bidding agency for any state roads. Any state roads will be bid by DOT and managed by them. Quay asked what was the percentage breakdown before? Holland replied it was about 50/50; but now, it will be approved based on traffic and mile of road. Quay asked why can’t they still follow 50/50? Can we meet with them to explain how critical this is for our county roads. Holland stated that for Charles Mathis’s road (South Green River) was originally $618,000 and that was money that he had accumulated over the past years. Council put that money in from when you were over the CTC and since then they have come back and put more in. Charles asked is the local DOT receiving more money since the tax increase on fuel than they were getting? Holland replied I don’t know. We manage the CTC funds for the state and will continue to.

Councilman Charles Mathis made the motion to allow Administration to install two benches outside on the cement area in front of the Admin. Bldg. and two benches inside the Admin. Bldg. in the front lobby and to install two ‘15 minute’ handicapped signs and two parking areas one each side of the main entrance roughly 25 feet in front of the Admin. Bldg. at a cost of $5500. Quay Little seconded and council voted in favor.

Development Board Director Jim Cook ask council to consider going into Executive Session for the purpose of discussion of matters relating to future proposed locations, expansions or provision of services including locations and expansions of industries or other businesses in the area served by a public body specifically Project Limestone; and Attorney Mathis added to the motion for council to receive legal advice concerning a contractual matter with the county; and Administrator Holland Belue noted on the record that once the Executive Session on Project Limestone has been completed that Quay Little come in to hear the update regarding the contractual matter. [David Smith made the motion to go into Executive Session for these two matters. Tracy McDaniel seconded and council voted in favor with Quay Little abstaining from voting due to a conflict of interest. Council went into Executive Session at 5:40 PM and Quay Little stayed out until 5:55.]

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First part of the Executive Session ended and Admin. Belue came out to ask Council Quay Little to come in for the 2nd part of the Executive Session. [Councilman Quay Little made the motion for council to come out of Executive Session and enter back into the Regular Meeting at 6 PM. David Smith seconded and council voted in favor.] Attorney Mathis stated that no action or vote was taken during Executive Session.

Councilman Charles Mathis made the motion to adopt the 3rd Reading of Ordinance No. 2017-25 authorizing a Fee-in-Lieu of Tax Arrangement on behalf of Project Limestone, Inc. (the “Company”) pursuant to a Fee-in-Lieu of Tax Agreement between Cherokee Co., SC, and the Company; authorizing the execution & delivery of an Infrastructure Financing Agreement (IFA), granting certain infrastructure credits to the Company; and other matters relating to the foregoing. David Smith seconded and council voted in favor with Quay Little abstaining from voting due to conflict of interest.

Administrator Holland Belue announced that Project Limestone is Hamrick Mills located here in Cherokee County. Charles Hamrick was present to speak on behalf of Hamrick Mills and thanked council for their vote of confidence. We have been here for 115 years and expect to continue to invest in our county and be here another 115 years.

Councilman Tracy McDaniel made the motion to approve the claims for Cherokee County in the amount of $315,710.40. David Smith seconded and council voted in favor.

Administrator Holland Belue received 7 bids for Bid No. 2018-07 – Solid Waste Roll-Out Carts: 1) Carolina Environment System (CES), Greenville, SC: Shaffer carts – unit price $56.70/each, freight 96 cents/each, 8% tax - $4.61/each for a total unit price of $62.27/each; total truck load of 549 carts/load for $34,186.23; will deliver within the 3 week lead time. 2) Cascade Engineering, Inc., Grand Rapids, MI. – unit price $49.30; freight included; 8% tax - $3.94/each for a total unit price of $53.24; 522 carts in load for $27,791.28 with 90 days delivery. 3) Schaefer Systems International, Inc., Charlotte, NC – unit price $48.93; freight included; 8% tax - $3.91/each for a total unit price of $52.84; 549 carts in load for total $29,009.16; can comply with 35 day delivery. 4) Toter, LLC, Statesville, NC - $49.75/unit price; freight $1.75/each; 8% tax - $4.12/each for total unit price of $55.62; 624 carts in load = $34,706.88; can delivery in 35 days. 5) Rehrig Pacific Co., Los Angeles, Ca. - $46 unit price; $1.65 freight each; 8% tax - $3.81/each = total unit price of $51.46/each; 486 carts per load = $25,009.56; 30 days ARO. 6) OttoEnvironmental Systems, LLC, Charlotte, NC – unite price $44.40/each; freight $1.29/each; 8% sales tax$3.66/each = total unit price $49.35/each; 560 carts per load = $27,636. 7) IPL, Inc., Forsyth, Ga. – unit price $39.60/each; freight $1.39/each; 8% tax $3.28/each = total unit price $44.27/each; 720 carts in load = $31,874.40; 30 days ARO. They all meet the general specifications in the bid pkg. [Tracy McDaniel made the motion to award Bid No. 2018-07 for solid waste roll-out carts to low bidder IPL, Inc. for their total unit price of $44.27/each pending Administration review & approval. Charles Mathis seconded and council voted in favor.]

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As there was no other business to come before council at this time, Chairman Spencer adjourned the meeting at 6:20 PM.

APPROVED:10/2/17Respectfully submitted,

BY ITS:Chairman Tim SpencerDoris F. Pearson, Clerk to Council