SUBJECT: Minutes of Public Hearing & Regular Meeting, 8/7/17

DATE: 8/8/17 FILE NO: DATE258

TO: Cherokee County Council

SUBJECT: Minutes of Public Hearing & Regular Meeting, 8/7/17

There was a Public Hearing and Regular Meeting of County Council Monday, 8/7/17, 5:00 PM in Council Chambers. All council members were present along with Administrator Holland Belue, Attorney Joe Mathis and Clerk Doris Pearson. The news media was informed by agenda and in compliance with the SCFOIA and two was present. There were 8 visitors.

Councilman Charles Mathis made the motion to adopt the agenda of the Public Hearing & Regular Meeting of 8/7/17 as received and posted in accordance of the SCFOIA. Mike Fowlkes seconded and council voted in favor.

Councilman Quay Little made the motion to approve the minutes of the Public Hearing & Regular Meeting of 7/17/17 as received. David Smith seconded and council voted in favor.

Chairman Tim Spencer opened the public hearing on 3 matters: #1 - Ordinance No. 2016-29 authorizing 1) the execution & delivery of a 1st Amendment to the Lease Agreement by & between Cherokee Co., SC (the “County”) and Broad River Energy LLC, a company previously identified a Project Lighting, (the ‘Company”), dated as of 3/2/2000 to extend the term of the Lease Agreement and the Infrastructure Credits under the Lease Agreement; 2) the benefits of a Multi-County Industrial or Business Park to be made available to the Company and the Project; and 3) other matters relating thereto. No one was present to speak. #2 – Ordinance No. 2017-22 to amend the Article II, Section II-65(3) and II-66 of the Cherokee County Code for the Cherokee Creek Fire District. No one was present to speak. #3 – Ordinance No. 2017-23 to amend Chapter 8, Article V of the Cherokee County Code for Flood Damage Prevention. No one was present to speak and the public hearings were closed.

Councilman Mike Fowlkes made the motion to adopt the 3rd Reading of Ordinance No. 2017-22 amending Article II, Section II-65(3) and II-66 of the Cherokee County Code. David Smith seconded and council voted in favor.

Councilman Mike Fowlkes made the motion to adopt the 3rd Reading of Ordinance No. 2017-23 to amend Chapter 8, Article V of the Cherokee County Code of Ordinances for the Flood Damage Prevention. Quay Little seconded and council voted in favor.

Finance Committee Chair Charles Mathis made the motion coming from the committee to allow Administration to advertise & fill the Finance Clerk position at the salary set in the FYB 2017/18. Tracy McDaniel seconded and council voted in favor.

Finance Committee Chair Charles Mathis made the motion coming from the committee to allow Administration to advertise & fill the Deputy Coroner position at the salary set in the FYB 2017/18. Tracy McDaniel seconded and council voted in favor.

PAGE 2 – Minutes of PH & Regular Meeting, 8/7/17

Finance Committee Chair Charles Mathis made the motion coming from the committee to allow Administration to execute the SC Dept. of Commerce Regional Planning Grant for $50,000 to be administered through Appalachian COG. Mike Fowlkes seconded and council voted in favor.

Finance Committee Chair Charles Mathis made the motion coming from the committee to allow Administration to execute an additional contract from SCDHEC for $200,000 to continue the Rolling Farm Tire Cleanup at no cost to the county. Mike Fowlkes seconded and council voted in favor.

Finance Committee Chair Charles Mathis made the motion coming from the committee to allow Administration to execute the contract in the amount of $4,940 to Stanley, Hunt, DuPree & Rhine to do the actuarial study for GASBY 45 Post-Retirement Medical Services. Tracy McDaniel seconded and council voted in favor.

Attorney Joe Mathis had no report.

Chairman Tim Spencer presented Finance Director Ann Boggs with the Certificate of Achievement for Excellence in Financial Report for its Comprehensive Annual Financial Report for the Fiscal Year ended 6/30/16.

Cherokee Co. Development Director Jim Cook asked council to consider a motion to go 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 DejaVu and Project Lightning. [Mike Fowlkes made the motion for council to go into Executive Session based on this request. Quay Little seconded and council voted in favor and went into Executive Session at 5:13 PM.]

Councilman Mike Fowlkes made the motion for council to come out of Executive Session and return to the Regular Meeting. Quay Little seconded and council voted in favor at 5:36 PM. Attorney Joe Mathis stated no vote or action was taken during Executive Session.

Councilman Charles Mathis made the motion to adopt the 3rd Reading of Ordinance No. 2016-29 authorizing 1) the execution & delivery of a 1st Amendment to the Lease Agreement by & between Cherokee Co., SC (the “County”) and Broad River Energy LLC, a company previously identified as Project Lightning, (the “Company”) dated as of 3/1/2000 to extend the term of the Lease Agreement & the Infrastructure Credits under the Lease Agreement; 2) the benefits of a Multi-County Industrial or Business Park to be made available to the Company and the Project; and 3) other matters relating thereto. Mike Fowlkes seconded and council voted in favor.

Administrator Holland Belue recognized Jay Youmans, Plant Manager of Broad River Energy. Mr. Youmans thanked council for their action in passing this ordinance and look forward to working together.

Page 3 – Minutes of PH & Regular Meeting, 8/7/17

Councilman Mike Fowlkes made the motion to pass the 1st Reading of Ordinance No. 2017-24 authorizing the execution & delivery of an amended Fee Agreement between Cherokee County and Project DejaVu, and an affiliated company; the granting of a Special Source Credit; amending the Fee Agreement dated as of 6/1/16; and other matters related thereto. Charles Mathis seconded and council voted in favor.

Cherokee Co. Development Board Director Jim Cook asked council to consider a motion to go 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. [Councilman Mike Fowlkes made the motion for council to go into Executive Session for this purpose. Tracy McDaniel seconded and council voted in favor and went into Executive Session at 5:40 PM.] The records show that Councilman Quay Little presented a statement regarding disclosure of potential conflict of interest and did not go into Executive Session with council at this time.

Councilman Mike Fowlkes made the motion for council to come out of Executive Session and enter into Regular Meeting at 6:47 PM. Tracy McDaniel seconded and council voted in favor. Attorney Joe Mathis stated that no vote or action was taken during Executive Session. Councilman Quay Little left Council Chambers during this time due to a potential conflict of interest regarding Project Limestone.

Councilman Charles Mathis made the motion to pass the 1st 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 (the “County”) 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 a Infrastructure Financing Agreement (IFA), grant certain infrastructure credits to the Company; and other matters relating to the foregoing. Mike Fowlkes seconded. Councilman Quay Little left Council Chambers before this motion was made due to a potential conflict of interest regarding Project Limestone. Voting in favor: Mike Fowlkes, Tracy McDaniel, Tim Spencer, David Smith & Charles Mathis. Motion carried.

Councilman Quay Little came back into Council Chambers after the vote was taken on Project Limestone.

Administrator Holland Belue reported that 6 bids were received for Bid No. 2017-01 Roll Out Carts for the Cherokee Co. Solid Waste Dept.: 1) Carolina Environmental Systems, Inc. – unit price $56.70/each, freight .96/each, 8% tax - $4.61/each = total unit price of $62.27/each, price per truck load of 549 = $34,186.23 with delivery date approximately 3 weeks from order date; 2) IPL Inc. – unit price $39.60/each, freight - $1.39/each, 8% tax - $3.28/each for total unit price $44.27 = price per truck load for 720 carts $31,874.40 with approximately delivery date of 35 days after receipt of order; 3) Schafer – unit price $48.93/each, freight included, 8% tax - $3.91/each for a total unit price $52.84 = price per truck load for 549 carts $29,003.67 with approx.. 30 days delivery; 4) Rehrig Pacific Co. - $46/each,

Page 4 – Minutes of PH & Regular Meeting, 8/7/17

freight $1.65/each, 8% tax - $3.81/each, total unit price $51.46/each, total price per truck load of 486 carts $25,009.56 with approx. 30 days ARO delivery; 5) Toter, LLC – unit price $49.75/each; freight $1.75/each; 8% tas $4.12/each, total unit price $55.62/each = price per truck load for 624 carts $34,706.88 (did not calculate on bid) with approx. 45 days delivery; 6) Cascade Engineering, Inc. – unit price $46.88/each for total per truck load of 580 carts = $27,190.40 with 90 days delivery. Chairman Tim Spencer placed these bids in the Public Works Committee for review to present to full council at the next scheduled meeting of 8/21/17.

Administrator Holland Belue reported that no bids were received for Bid No. 2018-02 Scrap Metal at Landfill and we will go out for bid again.

Councilman Quay Little made the motion to approve the claims for Cherokee County in the amount of $905,769.12. David Smith seconded and council voted in favor.

Councilman Tracy McDaniel made the motion to re-appoint Jim Cudd as Member at Large to the Cherokee Co. Development Board for another term. Charles Mathis seconded and council voted in favor.

Councilman Mike Fowlkes made the motion to re-appoint Gary Parris to serve another term on the Cherokee County Employee Grievance Committee. David Smith seconded and council voted in favor.

As there was no there other business to come before council at this time, Chairman Spencer adjourned the meeting at 6:02 PM.

APPROVED: 8/21/17 Respectfully submitted,

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