SC - Beaufort: COUNTY COUNCIL OF BEAUFORT COUNTY

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COUNTY COUNCIL OF BEAUFORT COUNTY

COUNTY COUNCIL OF BEAUFORT COUNTY ADMINISTRATION BUILDING

BEAUFORT COUNTY GOVERNMENT ROBERT SMALLS COMPLEX 100 RIBAUT ROAD POST OFFICE DRAWER 1228 BEAUFORT, SOUTH CAROLINA 29901-1228 TELEPHONE: (843) 255-2180 www.beaufortcountysc.gov STEWART H. RODMAN CHAIRMAN
Tagged Passions:council and streets

D.
PAUL SOMMERVILLE VICE CHAIRMAN

No additional detail provided

MICHAEL E. COVERT GERALD DAWSON BRIAN E. FLEWELLING YORK GLOVER, SR. CHRIS HERVOCHON ALICE G. HOWARD MARK LAWSON LAWRENCE P. MCELYNN JOSEPH F. PASSIMENT, JR.

No additional detail provided

ASHLEY M. JACOBS

COUNTY ADMINISTRATOR _____________

Tagged Passions:administrator

SARAH W. BROCK CLERK TO COUNCIL

AGENDA COUNTY COUNCIL OF BEAUFORT COUNTY

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REGULAR SESSION Monday, August 26, 2019

6:00 p.m. Large Meeting Room, Hilton Head Island Branch Library

No additional detail provided

Tagged Passions:hotel and library

11
Beach City Road, Hilton Head Island

No additional detail provided

Tagged Passions:streets, hotel, and beach

1.
CALL TO ORDER REGULAR SESSION Chairman Stu Rodman 6:00 p.m.

No additional detail provided

2.
PLEDGE OF ALLEGIANCE AND INVOCATION Councilwoman Howard

[Public notification of this meeting has been published, posted, and distributed in compliance with the South Carolina Freedom of Information Act]

Tagged Passions:compliance and Freedom of Information Act (FOIA)

3.
APPROVAL OF AGENDA

No additional detail provided

4.
APPROVAL OF MINUTES (backup) A. June 10, 2019 B. June 17, 2019

No additional detail provided

5.
RECOGNITIONS

No additional detail provided

Tagged Passions:recognition

A.
Dixie Youth Baseball State Tournament Champs B. Dixie Softball Angels

No additional detail provided

Tagged Passions:youth

6.
CITIZEN COMMENTS [See Clerk to Council for sign-in prior to meeting. Speakers shall limit comments to three

minutes and comments must pertain to items on the Agenda.]

Tagged Passions:council

7.
ADMINISTRATORS REPORT

No additional detail provided

Tagged Passions:administrator

8.
CHAIRMANS MINUTES

9.
CONSENT AGENDA

A.
Items Originating from the Finance Committee Councilman Passiment

No additional detail provided

Tagged Passions:finance

1.
Third and Final Reading of an ordinance authorizing the execution and delivery of a Fee Agreement by and between Beaufort County, South Carolina and Project Burnt Church Distillery providing for a payment of a Fee in Lieu of Taxes and other matters related thereto (backup)

Agenda Beaufort County Council August 26, 2019 Page 2 of 5 1. Consideration of third and final reading on August 26, 2019 2. Second reading approved on July 22, 2019 / Vote 11:0 2. Public Hearing on July 22, 2019 3. First reading approved, by title only, on June 24, 2019 / Vote 10:0 4. Finance Committee discussion occurred on June 24, 2019 / (no vote was taken)

Tagged Passions:alcohol, ordinance, finance, council, taxes, Taxes, church, hearing, Fee-in-lieu, and incentive

2.
First Reading of an Ordinance authorizing the issuance and sale of

No additional detail provided

Tagged Passions:ordinance and sale

General Obligation Bonds, series 2019c, in the amount not to exceed 25,000,000; fixing the form and details of the bonds; authorizing the county administrator or her lawfully- authorized designee to determine certain matters relating to the bonds; providing for the payment of the bonds and the disposition of the proceeds thereof; and other matters relating thereto (backup)

1. Consideration of first reading on August 26, 2019 2. Public Hearing Monday, September 9, 2019, 6:00 p.m., in the Council Chambers of the
Tagged Passions:bond, hearing, and administrator

Administration Building, Beaufort County Government Robert Smalls Complex, 100 Ribaut Road, Beaufort

Tagged Passions:streets

3.
Finance Committee recommended approval on August 19, 2019 / Vote 11:0

No additional detail provided

Tagged Passions:finance

3.
Adoption of a Resolution to adopt policies and procedures for awarding local 3 accommodations and hospitality tax funds (backup)

No additional detail provided

Tagged Passions:funding, taxes, Taxes, procedure, and hospitality tax

1.
Consideration of adoption on August 26, 2019 2. Finance Committee recommended approval on August 19, 2019 / Vote 11:0

No additional detail provided

Tagged Passions:finance

4.
Adoption of a Resolution Authorizing County Administrator to execute an MOA with

the State Elections Commission for new voter machines (backup) 1. Consideration of adoption on August 26, 2019 2. Finance Committee recommended approval on August 12, 2019 / Vote 9:0

Tagged Passions:finance, boards and commissions, voting, election, and administrator

5.
Approval to award Paul S. Akins Construction Company, Inc., the contract to renovate and

No additional detail provided

Tagged Passions:construction and contract

build additions to Fire Station 32 for 1,222,110.00 (backup) 1. Consideration of approval on August 26, 2019 2. Finance Committee recommended approval on August 12, 2019 / Vote 10:0

No additional detail provided

Tagged Passions:finance and fire departments and districts

6.
Approval to purchase a Public Health Insecticide applied by Mosquito Control Aircraft

for 208,500.27 (backup) 1. Consideration of approval on August 26, 2019 2. Finance Committee recommended approval on August 12, 2019 / Vote 11:0

Tagged Passions:health, finance, purchasing, and insect

B.
Items Originating from the Public Facilities Committee Councilman Flewelling

No additional detail provided

1.
Appointments and Reappointments to Boards and Commissions (backup) a) Eileen Hutton, Joan Iaco and Randy Boehme to the Keep Beaufort County Beautiful

Board

Tagged Passions:boards and commissions and appointments

2.
First Reading of an ordinance authorizing the execution and delivery of a utility easement encumbering property owned by Beaufort County known as the Wright Family Park (backup) 1. Consideration of first reading on August 26, 2019

Agenda Beaufort County Council August 26, 2019 Page 3 of 5 2. Public Hearing Monday, September 9, 2019, 6:00 p.m., in the Council Chambers of the Administration Building, Beaufort County Government Robert Smalls Complex, 100 Ribaut Road, Beaufort 3. Public Facilities Committee recommended approval on August 12, 2019 / Vote 11:0

Tagged Passions:ordinance, streets, utility, Utility, parks, property, hearing, and easement

3.
First Reading of an ordinance to appropriate 21,677 from the local hospitality tax for waterfront structure inspections of portions of the Spanish Moss Trail and Wimbee Creek Fishing Pier (backup) 1. Consideration of first reading on August 26, 2019 2. Public Hearing Monday, September 9, 2019, 6:00 p.m., in the Council Chambers of the

No additional detail provided

Tagged Passions:ordinance, taxes, Taxes, beach, ports, trails, hearing, and hospitality tax

Administration Building, Beaufort County Government Robert Smalls Complex, 100 Ribaut Road, Beaufort

3. Public Facilities Committee recommended approval on August 12, 2019 / Vote 11:0
Tagged Passions:streets

4.
First Reading of an ordinance to appropriate 27,000 each year for five (5) years from the 3 Local Accommodation Tax funds for the inspections of Broad River Fishing Pier subject to appropriation (backup) 1. Consideration of first reading on August 26, 2019 2. Public Hearing Monday, September 9, 2019, 6:00 p.m., in the Council Chambers of the

No additional detail provided

Tagged Passions:funding, ordinance, taxes, Taxes, beach, ports, and hearing

Administration Building, Beaufort County Government Robert Smalls Complex, 100 Ribaut Road, Beaufort

3. Public Facilities Committee recommended approval on August 12, 2019 / Vote 11:0
Tagged Passions:streets

5.
Adoption of a Resolution Authorizing the application of an Impact Fee Credit to Beaufort Memorial Hospital pursuant to an Intergovernmental Agreement regarding road design and construction of Buckwalter Commercial Park frontage road (backup) 1. Consideration of adoption on August 26, 2019 2. Public Facilities Committee recommended approval on August 12, 2019 / Vote 9:2

No additional detail provided

Tagged Passions:construction, hospital, streets, zoning, healthcare, parks, commercial, and intergovernmental

6.
Approval to award CARE Environmental Corp. the contract for household hazardous

No additional detail provided

Tagged Passions:contract and environment

waste disposal services for the Beaufort County Solid Waste and Recycling Section in the amount of 160,000 (backup) 1. Consideration of approval on August 26, 2019 2. Public Facilities recommended approval on August 12, 2019 / Vote 11:0

No additional detail provided

Tagged Passions:utility, solid waste, Utility, services, and recycling

7.
Approval to extend the janitorial cleaning contract with A B Cleaning Services (July

through September) (backup) 1. Consideration of approval on August 26, 2019 2. Public Facilities recommended approval on August 12, 2019 / Vote 11:0

Tagged Passions:contract and services

8.
Approval to award Paul S. Akins Construction Company, Inc., the contract for the

Beaufort County Government Complex, New Office Building in the amount of 6,775,812.00 (backup) 1. Consideration of approval on August 26, 2019 2. Public Facilities recommended approval on August 12, 2019 / Vote 11:0

Tagged Passions:construction and contract

C.
Items Originating from the Natural Resources Committee Councilwoman Howard

No additional detail provided

1.
Appointments and Reappointments to Boards and Commissions (backup)

Agenda Beaufort County Council August 26, 2019 Page 4 of 5 1. Ryan Stefonick to the Rural and Critical Lands Board 2. Dennis Nelson to the Southern Beaufort County Corridor Beautification Board 3. General Harold L. Mitchell to the Planning Commissions (Sub for District 1) 4. Kevin Mack reappointed to the Zoning Board of Appeals

Tagged Passions:planning, rural, council, boards and commissions, appointments, zoning, and corridor

2.
Third Reading of an ordinance regarding a Northern Beaufort County map amendment

(change the zoning of the property from C3-NMU to C5-RCMU) (backup) 1. Consideration of third and final reading on August 26, 2019 2. Public hearing on June 10, 2019 3. Second reading approved on June 10, 2019 / Vote 9:1 4. First reading approved on May 28, 2019 / Vote 9:0 5. Natural Resources Committee recommended approval on May 20, 2019 / Vote 7:1

Tagged Passions:ordinance, zoning, property, and hearing

3.
Third and Final Reading of an ordinance regarding text amendments to the Beaufort County

No additional detail provided

Tagged Passions:ordinance

Code of Ordinances for 19 Covenant Drive from S1 Industrial to T2 Rural (backup) 1. Consideration of third and final reading on August 26, 2019 2 Second reading approved on July 22, 2019 / 11:0 3. Public Hearing on July 22, 2019 4. First reading approved on June 24, 2019 / Vote 10:0 5. Natural Resources Committee recommended approval on June 17, 2019 / Vote 4:0

Tagged Passions:rural, ordinance, industrial, and hearing

D.
Items Originating from the Executive Committee Chairman Rodman

No additional detail provided

1.
First Reading of an Ordinance pertaining to the sale of Myrtle Business Park (backup)

1. Consideration of first reading on August 26, 2019 2. Public Hearing Monday, September 9, 2019, 6:00 p.m., in the Council Chambers of the

Tagged Passions:ordinance, business, sale, parks, and hearing

Administration Building, Beaufort County Government Robert Smalls Complex, 100 Ribaut Road, Beaufort

Tagged Passions:streets

2.
Adoption of a Resolution approving the Airport Hangar Use Agreement (backup)

No additional detail provided

Tagged Passions:airport

1.
Consideration of adoption on August 26, 2019 2. Executive Committee recommended approval on August 12, 2019 / Vote 11:0

No additional detail provided

10.
PUBLIC HEARINGS

A. Public Hearing and Second Reading of an ordinance authorizing the execution of a lease for Agnes Major Community Center to the Boys and Girls Club of the Lowcountry (backup) 1. Public Hearing on August 26, 2019 2. Consideration of Second Reading on August 26, 2019 3. First Reading approved on July 22, 2019 / Vote 11:0 4. Governmental Committee recommended approval on June 24, 2019 / Vote 9:0 B. Public Hearing and Second Reading of an ordinance amending the County's 2019 General
Tagged Passions:ordinance, leasing, hearing, and community center

Bond ordinance (Ordinance No. 2019/21) to add 500,000 to the bond amount for TCL training kitchen (backup) 1. Public Hearing on August 26, 2019 2. Consideration of Second Reading on August 26, 2019 3. First Reading approved on July 22, 2019 / Vote 11:0 4. Finance Committee recommended approval on June 3, 2019 / Vote 9:0

Agenda Beaufort County Council August 26, 2019 Page 5 of 5 C. Public Hearing and Second Reading of an ordinance adopting an Intergovernmental

Tagged Passions:ordinance, finance, council, bond, training, hearing, and intergovernmental

Agreement with the City of Hardeeville for the collection of Public Facility Development Impact Fees (backup) 1. Public Hearing on August 26, 2019 2. Consideration of Second Reading on August 26, 2019 3. First Reading approved on July 22, 2019 / 11:0 4. Finance Committee discussion occurred on June 24, 2019 / Vote 10:0

Tagged Passions:finance, facility, development, Development, and hearing

11.
MATTERS ARISING OUT OF EXECUTIVE SESSION

No additional detail provided

12.
COMMITTEE REPORTS

No additional detail provided

Prior Meetings 1. Finance Committee (August 12, 2019) 2. Public Facilities Committee (August 12, 2019) 3. Executive Committee (August 12, 2019) 4. Community Services Committee (August 19, 2019) 5. Natural Resources Committee (August 19, 2019) 6. Joint Special Meeting of the Finance and Public Facilities Committees (August 19, 2019)

Upcoming Meetings
Tagged Passions:finance and services

1.
Finance Committee (September 3, 2019) 2. Public Facilities Committee (September 3, 2019) 3. Executive Committee (September 9, 2019)

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13.
CITIZEN COMMENTS [See Clerk to Council for sign-in prior to meeting. Speakers shall limit comments to

three minutes.]

Tagged Passions:council

14.
ADJOURNMENT

No additional detail provided

- DO NOT EXCEED ONE PAGE - Created January 2019

BEAUFORT COUNTY COUNCIL Agenda Item Summary Item Title: Meeting Date: Committee Presenter (Name and Title): Issues for Consideration: Points to Consider: Funding Liability Factors: Recommendation:
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APPROVAL OF MINUTES

None. Approve, Modify or Reject Approve ____________ To view video of full discussion of this meeting please visit http://beaufort.granicus.com/ViewPublisher.php?view_id=2 MINUTES COUNTY COUNCIL OF BEAUFORT COUNTY CAUCUS ECR, Administrative Building Beaufort County Government Robert Smalls Complex
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100 Ribaut Road, Beaufort

No additional detail provided

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The electronic and print media duly notified in accordance with the State Freedom of Information Act.

Attendance

Tagged Passions:Freedom of Information Act (FOIA)

Present: Chairman Stu Rodman, Vice Chairman Paul Sommerville, and Council Members

Michael Covert, Brian Flewelling, Joe Passiment, York Glover, Mark Lawson, Alice Howard and Gerald Dawson Absent: Chris Hervochon and Lawrence McElynn.
Tagged Passions:council

Call to Order

Chairman Rodman called the meeting to order at 5:15 p.m.

Pledge of Allegiance

The Chairman led the Pledge of Allegiance.

Approval of Agenda

It was moved by Councilman Glover, seconded by Councilman Flewelling that Council approve the agenda. The vote: YEAS: Councilman Flewelling, Councilman Dawson, Councilman Glover, Councilman Lawson, Councilwoman Howard, Councilman Covert, Councilman Sommerville and Councilman Rodman. The motion passed. Citizen Comments There were no comments.
Tagged Passions:council

Executive Session

It was moved by Councilman Flewelling, seconded by Councilwoman Howard to go immediately into executive session. The vote: YEAS: Councilman Flewelling, Councilman Dawson, Councilman Glover, Councilman Covert, Councilman Lawson, Councilwoman Howard, Councilman Sommerville and Councilman Rodman. The motion passed. Executive session started at 5:23pm. Minutes Beaufort County Council Caucus June 10, 2019 Page 2 of 2 ____________ To view video of full discussion of this meeting please visit http://beaufort.granicus.com/ViewPublisher.php?view_id=2 The meeting went into recess at 5:58pm COUNTY COUNCIL OF BEAUFORT COUNTY
Tagged Passions:council

BY: _____________________________________ Stewart H. Rodman, Chairman

ATTEST: ___________________________________ Sarah W. Brock, Clerk to Council Ratified: MINUTES COUNTY COUNCIL OF BEAUFORT COUNTY
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REGULAR SESSION

Council Chambers, Administration Building Beaufort County Government Robert Smalls Complex

100 Ribaut Road, Beaufort

No additional detail provided

Tagged Passions:streets

The electronic and print media duly notified in accordance with the State Freedom of Information Act.

Attendance

Tagged Passions:Freedom of Information Act (FOIA)

Present: Chairman Stu Rodman, Vice Chairman Paul Sommerville, and Council Members Joe

Passiment, York Glover, Alice Howard, Lawrence McElynn, Michael Covert, Brian Flewelling, Mark Lawson and Gerald Dawson. Absent: Chris Hervochon
Tagged Passions:council

CALL TO ORDER Chairman Rodman called the meeting to order at 6:00 p.m.

PLEDGE OF ALLEGIANCE - Councilman Gerald Dawson

INVOCATION - Councilman Gerald Dawson

APPROVAL OF AGENDA

Motion: It was moved by Councilman Flewelling, seconded by Councilman Passiment that Council approve the agenda. The vote: YEAS: Councilman Passiment, Councilman Glover, Councilwoman Howard, Councilman Rodman, Councilman Sommerville, Councilman Lawson, Councilman McElynn, Councilman Flewelling, Councilman Covert and Councilman Dawson. The motion passed.

Main Motion: It was moved by Councilman Passiment, seconded by Councilman Flewelling that Council amend the agenda to include the lease of Marshside Mama s on Daufuskie Island. The vote: YEAS: Councilman Passiment, Councilman Glover, Councilwoman Howard, Councilman Rodman, Councilman Sommerville, Councilman Lawson, Councilman McElynn, Councilman Flewelling, Councilman Covert and Councilman Dawson. The motion passed. CITIZEN COMMENT Mare Baracco spoke about the DSN janitorial contract renewal and distributed documents to members. She stated that according to procurement ordinances a County department cannot also be a vendor. Because of this she feels that DSN has no business bidding on contracts without the appropriate oversight. She informed Council that she has filed a formal complaint with the State Attorney General s Office regarding the issue. CONSENT AGENDA
Tagged Passions:ordinance, business, council, legal, leasing, contract, and purchasing

A.
Items Originating from the Public Facilities Committee Councilman Flewelling

No additional detail provided

1.
Appointments and Reappointments to Boards and Commissions a. Luana Graves Sellars to Beaufort County Transportation Committee

No additional detail provided

Tagged Passions:boards and commissions, appointments, transportation, and graves

2.
Third reading of an ordinance authorizing approval of two lease agreements for Crystal

Lake Park

Tagged Passions:ordinance, leasing, and parks

3.
First reading of an ordinance approving the lease of Bob Jones Property

No additional detail provided

Tagged Passions:ordinance, leasing, and property

4.
A resolution adopting the five (5) year county dirt road paving plan

No additional detail provided

Tagged Passions:streets

5.
A resolution for the purchase of Buckwalter Place land encroachment

No additional detail provided

Tagged Passions:purchasing and encroachment

6.
Approval of Facilities Master Plan RFQ

No additional detail provided

B.
Items Originating from the Finance Committee Councilman Passiment

No additional detail provided

Tagged Passions:finance

1.
Third reading of an ordinance to amend Beaufort County ordinances 2018/20 and 2018/24, for fiscal year 2019 Beaufort County budget to provide clarifying amendments identifying the appropriated dollar amount for indigent health care, higher education, and economic development and to acknowledge the transfers between county departments and the adjustments for the county s employee compensation plan

No additional detail provided

Tagged Passions:compensation, health, ordinance, economic development, budget, development, Development, university, education, and poverty

2.
First reading of Fiscal Year 2019-2020 Airports Budget Proposal (Enterprise Fund)

No additional detail provided

Tagged Passions:airport and budget

3.
First reading of Fiscal Year 2019-2020 Stormwater Management Utility Budget Proposal (Enterprise Fund)

No additional detail provided

Tagged Passions:budget, utility, Utility, and stormwater

4.
First reading of an ordinance to appropriate funds not to exceed 114,450.00 from the 3 local accommodations tax funds to the county general fund to provide support for the 2019 Dixie Junior Boys and Dixie Boys World Series Baseball Event

No additional detail provided

Tagged Passions:funding, ordinance, accommodations tax, taxes, Taxes, and events

5.
A resolution adopting Fiscal Year 2019 Comprehensive Annual Financial Report Timeline

No additional detail provided

Tagged Passions:finance and financial report

6.
Approval of Fiscal Year 2020 Contract Renewals

No additional detail provided

Tagged Passions:contract

C.
Items Originating from the Governmental Committee Councilman Sommerville

No additional detail provided

1.
Third reading of an ordinance regarding text amendments to the Beaufort County Code of Ordinances, Chapter 14: Animals

No additional detail provided

Tagged Passions:ordinance

Discussion: Chairman Rodman asked if Council was ready to vote on the Consent Agenda. Councilman Glover asked if agenda item A4-A resolution adopting the five (5) year county dirt road paving plan could be pulled from the agenda.

Tagged Passions:council and streets

Councilman Covert requested agenda item B6-Approval of Fiscal Year 2020 Contract Renewals be pulled from the agenda.

No additional detail provided

Tagged Passions:contract

Motion: It was moved by Councilman Flewelling, seconded by Councilwoman Howard that Council amend the agenda to remove A4-A resolution adopting the five (5) year county dirt road paving plan and B6-Approval of Fiscal Year 2020 Contract Renewals. The vote: YEAS: Councilman Passiment, Councilman Glover, Councilwoman Howard, Councilman Rodman, Councilman Sommerville, Councilman Lawson, Councilman McElynn, Councilman Flewelling, Councilman Covert and Councilman Dawson. The motion passed.

Discussion: Due to extensive discussion, Chairman Rodman suggested the DSN contract renewal and other package of other contracts be broken into two with the DSN contract renewal separate from the others.
Tagged Passions:council, streets, and contract

Motion: It was moved by Councilman Flewelling, seconded by Councilman Covert that Council separate the DSN contract renewal from the contract package and vote separately. The vote: YEAS: Councilman Glover, Councilman Passiment, Councilwoman Howard, Councilman Sommerville, Councilman Lawson, Councilman Rodman, Councilman McElynn, Councilman Flewelling, Councilman Covert and Councilman Dawson. The motion passed unanimously.

Main Motion: It was moved by Councilman Flewelling, seconded by Councilwoman Howard that Council amended consent agenda The vote: YEAS: Councilman Passiment, Councilman Glover, Councilwoman Howard, Councilman Rodman, Councilman Sommerville, Councilman Lawson, Councilman McElynn, Councilman Flewelling, Councilman Covert and Councilman Dawson. The motion passed. NON-CONSENT AGENDA
Tagged Passions:council and contract

A.
Public Hearings and Second Readings

1. Public hearing and second reading of an ordinance authorizing the execution and delivery of a utility easement encumbering property owned by Beaufort County Chairman Rodman opened the floor for a public hearing. No one came forward Chairman Rodman closed the public hearing.
Tagged Passions:ordinance, utility, Utility, property, hearing, and easement

Motion: It was moved by Councilman Flewelling, seconded by Councilman Glover that Council approve an ordinance authorizing the execution and delivery of a utility easement encumbering property owned by Beaufort County. The vote: YEAS: Councilman Glover,

Councilman Passiment, Councilman Sommerville, Councilman Lawson, Councilwoman Howard, Councilman Rodman, Councilman McElynn, Councilman Flewelling, Councilman Covert and Councilman Dawson. The motion passed. 2. Public hearing and second reading of an ordinance authorizing the County Administrator to execute any and all necessary documents to lease a portion of the Okatie River Park Property commonly known as the Barn Site. Chairman Rodman opened the floor for a public hearing on an ordinance authorizing the County Administrator to execute any and all necessary documents to lease a portion of the Okatie River Park Property commonly known as the Barn Site. No one came forward. Chairman Rodman closed the public hearing.
Tagged Passions:ordinance, council, leasing, utility, Utility, watershed, parks, property, hearing, administrator, and easement

Discussion: Councilman Sommerville stated that this has been discussed for years, and the agreement is extremely generous with Mr. Graves. Millionaires living for free on County property. He s concerned that we are giving away property.

No additional detail provided

Tagged Passions:property and graves

Motion: It was moved by Councilman Flewelling, seconded by Councilman Covert that Council approve an ordinance authorizing the County Administrator to execute any and all necessary documents to lease a portion of the Okatie River Park Property commonly known as the Barn Site The vote: YEAS: Councilman Lawson, Councilman Glover, Councilman Passiment, Councilman Rodman, Councilman McElynn, Councilman Flewelling, Councilman Covert and Councilman Dawson. NAYS: Councilwoman Howard and Councilman Sommerville. The motion passed 8-2.

3. Public hearing and second reading of an ordinance authorizing approval of a lease agreement for The Lind Brown Center Chairman Rodman opened the floor for a public hearing on an ordinance authorizing approval of a lease agreement for The Lind Brown Center. No one came forward. Chairman Rodman closed the public hearing.
Tagged Passions:ordinance, council, leasing, watershed, parks, property, hearing, and administrator

Motion: It was moved by Councilwoman Howard, seconded by Councilman Flewelling that Council approve an ordinance authorizing approval of a lease agreement for The Lind Brown Center, The vote: YEAS: Councilman Passiment, Councilwoman Howard, Councilman Rodman, Councilman McElynn, Councilman Sommerville, Councilman Lawson, Councilman Flewelling, Councilman Covert and Councilman Dawson, and Councilman Glover. The motion passed unanimously.

4. Public hearing and second reading of an ordinance regarding a Northern Beaufort County map amendment (change the zoning of the property from C3- NMU to C5-RCMU) Chairman Rodman opened the floor for a public hearing on an ordinance regarding a Northern Beaufort County map amendment (change the zoning of the property from C3-NMU to C5- RCMU) No one came forward. Chairman Rodman closed the public hearing.
Tagged Passions:ordinance, council, leasing, zoning, property, and hearing

Motion: It was moved by Councilwoman Howard, seconded by Councilman Flewelling that Council approve an ordinance regarding a Northern Beaufort County map amendment (change the zoning of the property from C3-NMU to C5-RCMU). The vote: YEAS: Councilman Passiment, Councilwoman Howard, Councilman Rodman, Councilman McElynn, Councilman Sommerville, Councilman Lawson, Councilman Flewelling, Councilman Covert and Councilman Dawson. NAYS: Councilman Glover. The motion passed.

Tagged Passions:ordinance, council, zoning, and property

B.
First Readings

No additional detail provided

1.
First reading of Fiscal Year 2019-2020 Beaufort County Budget Proposal

No additional detail provided

Tagged Passions:budget

Discussion: Councilman Dawson said he d support the bill but wanted to confirm the public health line items were included. Councilman Glover is voting against it because he thinks there are still places to cut. County Administrator Jacobs asked Mr. Glover for guidance on what specifically he d like her to focus on to review for budget cuts. The Administrator offered to bring a balance budget but she needs direction. Council agreed to pass along items and make suggestions on how to balance the budget.

No additional detail provided

Tagged Passions:health, council, budget, voting, and administrator

Motion: It was moved by Councilman Passiment, seconded by Councilman McElynn that Council approve an ordinance authorizing approval of a lease agreement for first reading of Fiscal Year 2019-2020 Beaufort County Budget Proposal. The vote: YEAS: Councilman Sommerville, Councilman Lawson, Councilman Passiment, Councilwoman Howard, Councilman Rodman, Councilman McElynn, Councilman Sommerville, Councilman Lawson, Councilman Flewelling, Councilman Covert and Councilman Dawson. The motion passed unanimously 10-0.

Tagged Passions:ordinance, council, leasing, and budget

2.
First reading of an ordinance to provide for the levy of tax for school purposes for Beaufort County for the fiscal year beginning July 1, 2019 and ending June 30, 2019 and to make appropriations for said purposes.

Discussion: Councilman Sommerville questioned Council s role in school budget spending. With a smaller group of people who foot the bill and problem gets worse. He s concerned that we can t keep rubber stamping increasing budget each year. Attorney Keaveny said he will continue discussions with School administration on the tax increase issues.

Tagged Passions:funding, ordinance, council, legal, budget, taxes, Taxes, and education

Motion: It was moved by Councilman Passiment, seconded by Councilwoman Howard that Council approve an ordinance first reading of an ordinance to provide for the levy of tax for school purposes for Beaufort County for the fiscal year beginning July 1, 2019 and ending June 30, 2019 and to make appropriations for said purposes. The vote: YEAS: Councilman Passiment, Councilwoman Howard, Councilman Rodman, Councilman McElynn, Councilman Sommerville, Councilman Lawson, Councilman Flewelling, Councilman Covert and Councilman Dawson, and Councilman Glover. NAYS: Councilman Flewelling and Councilman Glover. The motion passed 8-2.

Tagged Passions:funding, ordinance, council, taxes, Taxes, and education

3.
First reading of an ordinance based on the request from the Beaufort County Board of Education to suspend the millage limitation imposed by SC Code Section 6-1-320 and increase the millage rate by an additional 5.9 mills because of the deficiency of the preceding year

No additional detail provided

Tagged Passions:ordinance, taxes, Taxes, and education

Motion: It was moved by Councilman Dawson, seconded by Councilman Glover that Council approve an ordinance based on the request from the Beaufort County Board of Education to suspend the millage limitation imposed by SC Code Section 6-1-320 and increase the millage rate by an additional 5.9 mills because of the deficiency of the preceding year. The vote: YEAS: Councilman Passiment, Councilman Rodman, Councilman McElynn, Councilman Lawson, Councilman Covert and Councilman Dawson. NAYS: Councilman Sommerville, Councilman Flewelling and Councilwoman Howard. Vote was 7-3. Motion needed 8 YAYS to pass. Motion dies.

Citizen Comment Board of Ed Member William Smith spoke in support of the Beaufort County School District budget and millage increases.
Tagged Passions:ordinance, council, budget, taxes, Taxes, and education

Other items:

Chairman Rodman noted that Council was asked for an ordinance and first reading in title only. Assistant County Attorney Chris Inglese asked Council for an ordinance, first reading in title only that would add the adjacent general store due to SC DHEC requirements for kitchen availability.
Tagged Passions:ordinance, council, legal, and commercial

Motion: Chairman Rodman asked for a vote that Council approve an ordinance and first reading in title only that includes the modification to Marshside Mama s lease agreement. The vote: YEAS: Councilman Passiment, Councilman Rodman, Councilman McElynn, Councilman Lawson, Councilman Covert and Councilman Dawson, Councilman Sommerville, Councilman Flewelling and Councilwoman Howard. pass. Motion passes unanimously.

Tagged Passions:ordinance, council, and leasing

Discussion and Action Items

A.
Committee Reports

Finance Committee, Chairman Joseph Passiment There was a thorough budget discussion as well as a presentation for TCL s new Culinary Kitchen; the committee also approved the budget in first reading. Public Facilities Committee, Chairman Brian Flewelling No report given. Natural Resources Committee, Chairwoman Alice Howard Councilwoman Howard announced the June 12th Stormwater board meeting, MS4 inspections done to date, the committee will be setting agenda this coming Wednesday for the meeting on the 17th, and the committee has received construction bid approvals for Widgeon Point and Crystal Lake phase three. Community Services Committee, Chairman Larry McElynn Councilman McElynn had two items that will possibly gain approval. The first is the continued renovation of the library they need approval for phase 2, and the other item is the possible discussion for the land service for Daufuskie Ferry Company if it comes in. If not Chairman McElynn said it will be rescheduled for the August meeting and will have to put a temporary contract for July and August in place. Citizen Comment

Tagged Passions:rfp, RFP, construction, finance, budget, contract, Public Transit, services, ferry, FERRY, library, and stormwater

Shemuel Yisrael, a citizen of Yemassee, transcribed phone conversations between Town Administrator and Yemassee Police Chief. Mr. Yisrael stated the Town of Yemassee is forcing the citizen off the land for unknown reasons. Claims the town of Yemassee is using illegal methods to get him to vacate his property which he claims has been abandoned. He claims harassment by police as well.

ITEMS ARISING OUT OF EXECUTIVE SESSION
Tagged Passions:public safety, property, and administrator

No matters arising out of executive session.

Adjournment

The meeting adjourned at 8:23 p.m. COUNTY COUNCIL OF BEAUFORT COUNTY
Tagged Passions:council

BY: _____________________________________ Stewart H. Rodman, Chairman

ATTEST: __________________________________ Sarah W. Brock, Clerk to Council Ratified: MINUTES COUNTY COUNCIL OF BEAUFORT COUNTY
Tagged Passions:council

REGULAR SESSION

Council Chambers, Administration Building Beaufort County Government Robert Smalls Complex

100 Ribaut Road, Beaufort

No additional detail provided

Tagged Passions:streets

The electronic and print media duly notified in accordance with the State Freedom of Information Act.

Attendance

Tagged Passions:Freedom of Information Act (FOIA)

Present: Chairman Stu Rodman, and Council Members Joe Passiment, York Glover, Alice Howard,

Lawrence McElynn, Michael Covert, Mark Lawson and Brian Flewelling. Absent: Vice Chairman Paul Sommerville Chris Hervochon, and Gerald Dawson

Tagged Passions:council

CALL TO ORDER Chairman Rodman called the meeting to order at 6:17 p.m.

PLEDGE OF ALLEGIANCE - Chairman Rodman

INVOCATION - Chairman Rodman

APPROVAL OF AGENDA

Chairman Rodman suggested rearranging the order of the agenda to move the DSN Presentation first before Citizen Comments before voting approval. Attorney Keavney requested that the 2nd reading of Malind Bluff be removed and added to the June 24 Council meeting. Chairman Rodman called for the vote.

No additional detail provided

Tagged Passions:legal and voting

Motion: It was moved by Councilman Flewelling, seconded by Councilman Passiment that Council approve the agenda as amended. The vote: YEAS: Councilman Passiment, Councilman Glover, Councilwoman Howard, Councilman Rodman, Councilman McElynn, Councilman Flewelling, Councilman Lawson and Councilman Covert. The motion passed.

PRESENTATION Disabilities and Special Needs Dave Thomas, Purchasing Director Councilman Flewelling expressed concerns about the questions if DSN is a Beaufort County Department and how it could enter into the contract. Attorney Keavney explained the contract is legal and follows County ordinance. Attorney Keavney noted the DSN program and contract have been audited by state of South Carolina, SLED and US Department of Labor. Former Administrator Gary Kubic spent time as Administrator reviewing many contracts and working to improve how services are offered to consumers. He was satisfied that the obligations of the contract was fulfilled. Parks and Rec Director Shannon Loper spoke in support of extending the contract. Ray McBride, County Library Director spoke in support of the contract. They clean the St. Helena Library and he said they do a fabulous job. Councilman Lawson asked why we need to bid this out if we don t need to. Attorney Keavney said according to the County Code it can be renewed without being bid out. Chairman Rodman polled Council and none want to remove it from Consent Agenda. CITIZEN COMMENT James Eric (son) Williams spoke about the DSN contract. Son Eric works at St. Helena Library. His father is proud he works and said what s most important is he s paying in to Medicare for himself. He also helps with bills at home too.
Tagged Passions:rfp, RFP, ordinance, council, legal, contract, public safety, election, seniors, services, program, health insurance, purchasing, parks, administrator, audit, and library

Eric Williams loves his job, loves working, loves DSN and the contract helps other DSN consumers too.

Melina Lee s son is at DSN on the contract. He loves working and supports extending the contract. Theresa Senese s sister is a consumer and supports the contract.

Tagged Passions:contract

Mare Baracco spoke against the DSN Contract and inquired as to if Council is following proper procedure to implement the contract.

Jessica James, a DSN consumer, stated she loves making her own money and supports renewing the contract. Sophia Washington, a DSN Consumer, loves her job, wants to live independently, and supports renewing the contract. Lyndsey Glover, a DSN consumer, supports extending the contract. Jason Deschamp, a DSN consumer, supports extending the contract. Evelyn Rose Johnson, a DSN consumer, supports the contract

Tagged Passions:council, contract, and procedure

Joe Dugan, Malind Point, spoke against the PUD.

Attorney Keavney addressed Ms. Baracco s comments citing the affidavits. He reiterated that no wrongdoing or exploitation of consumers was found by federal and state investigators. CONSENT AGENDA
Tagged Passions:legal and zoning

A.
Approval of May 28, 2019 Council Meeting Minutes

No additional detail provided

B.
Items Originating from the Public Facilities Committee Councilman Flewelling

No additional detail provided

1.
Third Reading of an ordinance authorizing the execution and delivery of a utility easement encumbering property owned by Beaufort County

No additional detail provided

Tagged Passions:ordinance, utility, Utility, property, and easement

2.
Third Reading of an ordinance authorizing the County Administrator to execute any and all necessary documents to lease a portion of the Okatie River Park Property commonly known as the Barn Site

No additional detail provided

Tagged Passions:ordinance, leasing, watershed, parks, property, and administrator

3.
Third Reading of an ordinance authorizing approval of a lease agreement for The Lind

Brown Center

Tagged Passions:ordinance and leasing

C.
Items Originating from the Finance Committee Councilman Passiment

No additional detail provided

Tagged Passions:finance

1.
Approval of an increase in the Technical College of the Lowcountry s loan amount by 500,000 for the expansion of their Culinary Training Kitchen

No additional detail provided

Tagged Passions:expansion, training, and university

2.
Approval of DSN Contract Renewal

No additional detail provided

Tagged Passions:contract

D.
Items Originating from the Natural Resources Committee Councilwoman Howard

No additional detail provided

1.
Third Reading of an ordinance regarding a Northern Beaufort County map amendment

(change the zoning of the property from C3-NMU to C5-RCMU)

Tagged Passions:ordinance, zoning, and property

E.
Items Originating from the Executive Committee Chairman Rodman

No additional detail provided

1.
Second Reading of an ordinance amending the 2008 development agreement and PUD

No additional detail provided

Tagged Passions:ordinance, development, zoning, and Development

2.
Second Reading of an ordinance to authorize the Administrator to execute an amended lease agreement for the Marshside Mama s building to include the adjacent General Store square footage and to also terminate the existing lease agreement for the General Store space

No additional detail provided

Tagged Passions:ordinance, leasing, commercial, and administrator

DISCUSSION: Councilman Flewelling requested agenda item D1-Third Reading of an ordinance regarding a Northern Beaufort County map amendment (change the zoning of the property from C3-NMU to C5-RCMU) be pulled from the consent agenda.

No additional detail provided

Tagged Passions:ordinance, zoning, and property

Councilman Rodman requested C1-Approval of an increase in the Technical College of the Lowcountry s loan amount by 500,000 for the expansion of their Culinary Training Kitchen, C2- Approval of DSN Contract Renewal, B2-Third Reading of an ordinance authorizing the County Administrator to execute any and all necessary documents to lease a portion of the Okatie River Park Property commonly known as the Barn Site and E2- Second Reading of an ordinance to authorize the Administrator to execute an amended lease agreement for the Marshside Mama s building to include the adjacent General Store square footage and to also terminate the existing lease agreement for the General Store space be removed from the consent agenda.

Tagged Passions:ordinance, leasing, expansion, contract, training, watershed, parks, property, university, commercial, and administrator

Motion: It was moved by Councilman Flewelling, seconded by Councilman Passiment that Council amend the agenda to remove D1-Third Reading of an ordinance regarding a Northern Beaufort County map amendment (change the zoning of the property from C3-NMU to C5- RCMU) be pulled from the consent agenda ,Councilman Rodman requested C1-Approval of an increase in the Technical College of the Lowcountry s loan amount by 500,000 for the expansion of their Culinary Training Kitchen, C2- Approval of DSN Contract Renewal, B2-Third Reading of an ordinance authorizing the County Administrator to execute any and all necessary documents to lease a portion of the Okatie River Park Property commonly known as the Barn Site and E2- Second Reading of an ordinance to authorize the Administrator to execute an amended lease agreement for the Marshside Mama s building to include the adjacent General Store square footage and to also terminate the existing lease agreement for the General Store space be removed from the consent agenda. The vote: YEAS: Councilman Passiment, Councilman Glover, Councilwoman Howard, Councilman Rodman, Councilman McElynn, Councilman Lawson, Councilman Flewelling, and Councilman Covert. The motion passed.

Tagged Passions:ordinance, council, leasing, expansion, contract, zoning, training, watershed, parks, property, university, commercial, and administrator

Amended Agenda Items

B.
2. Third Reading of an ordinance authorizing the County Administrator to execute

any and all necessary documents to lease a portion of the Okatie River Park Property commonly known as the Barn Site. Discussion: Councilwoman Howard requested this be a separate vote.
Tagged Passions:ordinance, leasing, watershed, parks, property, and administrator

Motion: It was moved by Councilman Flewelling, seconded by Councilman Passiment that Council to approve B2 - Third Reading of an ordinance authorizing the County Administrator to execute any and all necessary documents to lease a portion of the Okatie River Park Property commonly known as the Barn Site. The vote: YEAS: Councilman Passiment, Councilman Glover, Councilman Rodman, Councilman McElynn, Councilman Lawson, Councilman Flewelling, and Councilman Covert. The NAYS: Councilwoman Howard. The motion passed 7- 1.

Tagged Passions:ordinance, council, leasing, watershed, parks, property, and administrator

D.
1. Third Reading of an ordinance regarding a Northern Beaufort County map

Tagged Passions:ordinance

amendment (change the zoning of the property from C3-NMU to C5-RCMU)

Discussion: Councilman Flewelling requested this be delayed on behalf of Councilman Dawson until more questions have been answered.
Tagged Passions:zoning and property

Motion: It was moved by Councilman Flewelling, seconded by Councilman Glover that Council to approve D1 - Third Reading of an ordinance regarding a Northern Beaufort County map amendment (change the zoning of the property from C3-NMU to C5-RCMU) The vote: YEAS: Councilman Passiment, Councilman Glover, Councilman Rodman, Councilman McElynn, Councilman Lawson, Councilman Flewelling, Councilwoman Howard, and Councilman Covert. The motion passes 8-0.

Tagged Passions:ordinance, council, zoning, and property

E.
2. Second Reading of an ordinance to authorize the Administrator to execute an

Tagged Passions:ordinance and administrator

amended lease agreement for the Marshside Mama s building to include the

No additional detail provided

Tagged Passions:leasing

adjacent General Store square footage and to also terminate the existing lease agreement for the General Store space.

Discussion: Councilman Rodman asked this be delayed due to lease issues between the general store and clarifying DHEC s requirements. There was some discussion that an RFP is necessary for the remainder of the store. Councilman Lawson spoke in support of the lease and RFP. Mr. Huggins outlined the challenges to the spaces. The restaurant vendor spoke explaining that to be successful they need control of both spaces. Chase Allen, resident and business owner on Daufuskie Island spoke against the Marshside Mama s lease. Anna Clark, Daufuskie Island resident and business owner spoke against the lease. No vote taken. Second reading will be at the next Council meeting. NON-CONSENT AGENDA
Tagged Passions:rfp, RFP, business, leasing, restaurants, and commercial

A.
Public Hearings and Second Readings

1. Second Reading and Public Hearing of an ordinance approving the lease of Bob Jones Property Chairman Rodman opened the floor for a public hearing. No one came forward Chairman Rodman closed the public hearing.
Tagged Passions:ordinance, leasing, property, and hearing

Motion: It was moved by Councilman Flewelling, seconded by Councilman Glover that Council approve the Second Reading and Public Hearing of an ordinance approving the lease of Bob Jones Property. The vote: YEAS: Councilman Glover, Councilman Passiment, Councilman Lawson, Councilwoman Howard, Councilman Rodman, Councilman McElynn, Councilman Flewelling and Councilman Covert. The motion passed 8-0.

2. Second Reading and Public Hearing of an ordinance to appropriate funds not to exceed 114,450.00 from the 3 local accommodations tax funds to the county general fund to provide support for the 2019 Dixie Junior Boys and Dixie Boys World Series Baseball Event Chairman Rodman opened the floor for a public hearing. No one came forward Chairman Rodman closed the public hearing.
Tagged Passions:funding, ordinance, council, leasing, accommodations tax, taxes, Taxes, events, property, and hearing

Motion: It was moved by Councilman Passiment, seconded by Councilman Flewelling that Council approve Second Reading and Public Hearing of an ordinance to appropriate funds not to exceed 114,450.00 from the 3 local accommodations tax funds to the county general fund to provide

Tagged Passions:funding, ordinance, council, accommodations tax, taxes, Taxes, and hearing

support for the 2019 Dixie Junior Boys and Dixie Boys World Series Baseball Event. The vote: YEAS: Councilman Glover, Councilman Passiment, Councilman Lawson, Councilwoman Howard, Councilman Rodman, Councilman McElynn, Councilman Flewelling, and Councilman Covert. The motion passed 8-0.

3. Second Reading and Public Hearing of an ordinance to provide for the levy of tax for school purposes for Beaufort County for the fiscal year beginning July 1, 2019 and ending June 30, 2019 and to make appropriations for said purposes Chairman Rodman opened the floor for a public hearing. Citizen Comment:
Tagged Passions:funding, ordinance, taxes, Taxes, events, hearing, and education

Richard Bisi spoke against the school budget Denise Unruh spoke in favor of the school budget Richard Geier BOE Member/Tanya Crosby BOE CFO presented a revised, certified budget William Smith, BOE spoke in favor of the school budget

Chairman Rodman closed the public hearing.

Tagged Passions:budget, hearing, and education

Discussion: Councilman Glover supports the school board budget. Councilman Flewelling is committed to public education however the budget request doesn t reflect the true need and expense. Costs and needs are overstated and he is unable to support the bill. Councilman Rodman will support it but has concerns.

Tagged Passions:budget and education

Motion: It was moved by Councilman Passiment, seconded by Councilwoman Howard that Council approve the Second Reading and Public Hearing of an ordinance to provide for the levy of tax for school purposes for Beaufort County for the fiscal year beginning July 1, 2019 and ending June 30, 2019 and to make appropriations for said purposes The vote: YEAS: Councilman Glover, Councilman Passiment, Councilman Lawson, Councilwoman Howard, and Councilman Rodman. The NAYS: Councilman Covert, Councilman Flewelling and Councilman McElynn. The motion passed 5-3.

4. Second Reading and Public Hearing of Fiscal Year 2019-2020 Airports Budget Proposal (Enterprise Fund) 5. Second Reading and Public Hearing of Fiscal Year 2019-2020 Stormwater Management Utility Budget Proposal (Enterprise Fund) Chairman Rodman opened the floor for a public hearing. No one came forward Chairman Rodman closed the public hearing.
Tagged Passions:funding, ordinance, council, airport, budget, taxes, Taxes, utility, Utility, hearing, education, and stormwater

Motion: It was moved by Councilman Passiment, seconded by Councilman Flewelling that Council approve the Second Reading and Public Hearing of Fiscal Year 2019-2020 Airports Budget Proposal (Enterprise Fund) and Second Reading and Public Hearing of Fiscal Year 2019-2020 Stormwater Management Utility Budget Proposal (Enterprise Fund). The vote: YEAS: Councilman Glover, Councilman Passiment, Councilman Lawson, Councilwoman Howard, Councilman Rodman, Councilman McElynn, Councilman Flewelling, and Councilman Covert. The motion passed 8-0.

6. Second Reading and Public Hearing of Fiscal Year 2019-2020 Beaufort County Budget Proposal Chairman Rodman opened the floor for a public hearing. No one came forward Chairman Rodman closed the public hearing.
Tagged Passions:council, airport, budget, utility, Utility, hearing, and stormwater

Motion: It was moved by Councilman Passiment, seconded by Councilwoman Howard that Council approve Second Reading and Public Hearing of Fiscal Year 2019-2020 Beaufort County Budget Proposal. The vote: YEAS: Councilman Passiment, Councilman Lawson, Councilwoman Howard, Councilman Rodman, Councilman McElynn, Councilman Flewelling, and Councilman Covert. The NAYS: Councilman Glover. The motion passed 7-1.

Second Readings (Public Hearings to be held during Third Readings)
Tagged Passions:council, budget, and hearing

1.
Second Reading of an ordinance amending the 2008 development agreement and PUD

No additional detail provided

Tagged Passions:ordinance, development, zoning, and Development

2.
Second Reading of an ordinance to authorize the Administrator to execute an amended lease agreement for the Marshside Mama s building to include the adjacent General Store square footage and to also terminate the existing lease agreement for the General Store space

No additional detail provided

Tagged Passions:ordinance, leasing, commercial, and administrator

DISCUSSION AND ACTION ITEMS

Committee Reports Natural Resources Committee, Chairwoman Alice Howard Councilwoman Howard reported that the committee received updates on both the Crystal Lake and Widgeon Point Park contract awards and planned improvements. They also moved forward with the Highway 278 median improvements and discussion on rezoning in Northern Beaufort County. Community Services Committee, Chairman Larry McElynn Councilman McElynn reported that the Bluffton library renovation project was moving forward smoothly. The next project will be interior renovations funded by library impact fees. The library staff will also conduct a study on service needs for a potential expansion of the Bluffton Branch. Executive Committee, Chairman Stu Rodman Primary discussions were budget-related. A report was received from the retreat facilitators that reviewed Council s priorities and milestones. CITIZEN COMMENT
Tagged Passions:council, expansion, budget, contract, zoning, services, parks, and library

Terry Lasiter, Beaufort County Resident, spoke against Malind Bluff.

Mare Baracco, spoke in order to clarify her previous comments.

Shemuel Yisrael, Yemassee resident, spoke regarding police brutality. ITEMS ARISING OUT OF EXECUTIVE SESSION
Tagged Passions:public safety

No matters arising out of executive session.

ADJOURNMENT The meeting adjourned at 8:17 p.m. COUNTY COUNCIL OF BEAUFORT COUNTY
Tagged Passions:council

BY: _____________________________________ Stewart H. Rodman, Chairman ATTEST:

__________________________________ Sarah W. Brock, Clerk to Council Ratified: HSB 5860266 v.1
Tagged Passions:council

STATE OF SOUTH CAROLINA ) ) ORDINANCE COUNTY OF BEAUFORT )

ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF A FEE AGREEMENT BY AND BETWEEN BEAUFORT COUNTY, SOUTH CAROLINA AND PROJECT BURNT CHURCH PROVIDING FOR A PAYMENT OF A FEE IN LIEU OF TAXES AND OTHER MATTERS RELATED THERETO. WHEREAS, Beaufort County, South Carolina (the County ) acting by and through its County Council (the County Council ) is authorized and empowered pursuant to the provisions of Title 12, Chapter 44 of the Code of Laws of South Carolina, 1976, as amended (the Act ), to enter into fee agreements with any industry, with said agreements identifying certain properties of such industries as economic development property, through which powers the industrial development of the State of South Carolina (the State ) and the County will be promoted and trade developed by inducing manufacturing and commercial enterprises to locate, remain, and expand in the State and the County and thus utilize and employ the manpower, products, and natural resources and benefit the general public welfare of the State and County by providing services, employment, or other public benefits not otherwise adequately provided locally; and WHEREAS, a company current identified as Project Burnt Church (referred to hereinafter as the Company ) intends to invest in the establishment of a manufacturing facility in the County through the acquisition of land, a building, and improvements thereon (the Land and Building ); the construction of improvements thereon and/or therein; and/or the acquisition of personal property, including, but not limited to, machinery, equipment, and furniture to be installed on and/or in the Land and Building, which would constitute a project within the meaning of the Act and which are eligible for inclusion as economic development property, the cost of which is estimated to be 10,250,000, and which is anticipated to result in the creation of 27 new, full-time jobs in the County, over five years (the Project ), all as more fully set forth in the Fee Agreement attached hereto, and provided that approvals of various incentives contemplated for the Project are formalized by the State and/or County; and
Tagged Passions:ordinance, construction, equipment, council, facility, economic development, taxes, Taxes, development, industrial, services, employment, church, Development, property, commercial, trade, Fee-in-lieu, incentive, and jobs

WHEREAS, pursuant to an Inducement Resolution dated as of June 24, 2019, the County authorized the execution of an agreement providing for fee in lieu of tax payments; and

WHEREAS, the Company has caused to be prepared and presented to this meeting the form of the Fee Agreement by and between the County and the Company (the Fee Agreement ), which provides for fee in lieu of tax payments utilizing a 6 assessment ratio for a period of 20 years for the Project or each component thereof placed in service during the initial investment period; and

Tagged Passions:taxes, Taxes, investment, Fee-in-lieu, and incentive

WHEREAS, it appears that the Fee Agreement, which is now before this meeting, is in appropriate form and is an appropriate instrument to be executed and delivered by the County for the purposes intended.

HSB 5860266 v.1 NOW, THEREFORE, BE IT ORDAINED by the County Council in a meeting duly assembled as follows: Section 1. In order to promote industry, develop trade, and utilize and employ the manpower, products, and natural resources of the State of South Carolina by assisting the Company to expand or locate an industrial facility in the State of South Carolina, the Fee Agreement is hereby authorized, ratified, and approved. Section 2. It is hereby found, determined, and declared by the County Council, as follows:

Tagged Passions:council, facility, industrial, and trade

(a) The Project will constitute a project as said term is referred to and defined in the Act, and the County s actions herein will subserve the purposes and in all respects conform to the provisions and requirements of the Act.

(b) The Project and the payments in lieu of taxes set forth herein are beneficial to the

No additional detail provided

Tagged Passions:taxes and Taxes

County, and the County has evaluated the Project based upon all criteria prescribed by law, including the anticipated dollar amount and nature of the investment to be made and the anticipated costs and benefits to the County.

(c) The Project is anticipated to benefit the general public welfare of the County by providing services, employment, recreation, or other public benefits not otherwise adequately provided locally.
Tagged Passions:services, employment, investment, and recreation

(d) The Project gives rise to no pecuniary liability of the County or any incorporated

municipality or a charge against the general credit or taxing power of either. (e) The purposes to be accomplished by the Project, i.e., economic development, creation of jobs, and addition to the tax base of the County, are proper governmental and public purposes. (f) The inducement of the location or expansion of the Project within the County and State is of paramount importance. (g) The benefits of the Project to the public will be greater than the costs.
Tagged Passions:expansion, economic development, taxes, Taxes, development, Development, and jobs

Section 3. The form, terms, and provisions of the Fee Agreement presented to this meeting are hereby approved, and all of the terms, provisions, and conditions thereof are incorporated herein by reference as if the Fee Agreement were set out in this Ordinance in its entirety. The Chairman of the County Council and/or the County Administrator are authorized, empowered, and directed to execute, acknowledge, and deliver the Fee Agreement in the name of and on behalf of the County, and thereupon to cause the Fee Agreement to be delivered to the Company. The Fee Agreement is to be in substantially the form now before this meeting and hereby approved, with such changes therein as shall not be materially adverse to the County and as shall be approved by the officials of the County executing the same, upon the advice of Counsel to the County, such official s execution thereof to constitute conclusive evidence of

HSB 5860266 v.1

Tagged Passions:ordinance, council, and administrator

such official s approval of any and all changes or revisions therein from the form of the Fee Agreement now before this meeting.

Section 4. The Chairman of the County Council and/or the County Administrator, for and on behalf of the County, are hereby authorized and directed to do any and all things necessary to effect the execution and delivery of the Fee Agreement and the performance of all obligations of the County under and pursuant to the Fee Agreement.

Tagged Passions:council, performance, and administrator

Section 5. The provisions of this Ordinance are hereby declared to be separable, and if any section, phrase, or provision shall for any reason be declared by a court of competent jurisdiction to be invalid or unenforceable, such declaration shall not affect the validity of the remainder of the sections, phrases, and provisions hereunder.

Section 6. All orders, resolutions, ordinances, and parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed, and this Ordinance shall take effect and be in full force from and after its passage and approval.
Tagged Passions:ordinance, legal, and court

(SIGNATURE PAGE TO FOLLOW)

HSB 5860266 v.1 Passed and approved this ____ day of ____________________, 2019.

BEAUFORT COUNTY, SOUTH CAROLINA

Signature: Name: Title:

STATE OF SOUTH CAROLINA ) ) COUNTY OF BEAUFORT )

I, the undersigned, Clerk to County Council of Beaufort County, South Carolina ( County Council ), DO HEREBY CERTIFY:

That the foregoing constitutes a true, correct, and verbatim copy of an Ordinance adopted by the County Council. The Ordinance was read and received a favorable vote at three public meetings of the County Council on ________________, ________________, and ________________. At least one day passed between first and second reading, and at least seven days passed between second and third readings. A public hearing was held on ________________, and notice of the public hearing was published in the __________________ on ________________. At each meeting, a quorum of County Council was present and remained present throughout the meeting.
Tagged Passions:ordinance, council, and hearing

Attached hereto are excerpts of the minutes of the meetings of the County Council. The County Council complied with the Freedom of Information Act, Chapter 4, Title 30 of the S.C. Code of Laws, 1976, in connection with said meetings of County Council.

Tagged Passions:council and Freedom of Information Act (FOIA)

The Ordinance is now in full force and effect.

IN WITNESS WHEREOF, I have hereunto set my Hand and the Seal of Beaufort County Council, South Carolina, as of this ____ day of _______________, 2019. Signature: Name: Title: Clerk to County Council HSB 5860264 v.1 FEE AGREEMENT Between

Tagged Passions:ordinance and council

BEAUFORT COUNTY, SOUTH CAROLINA

and PROJECT BURNT CHURCH Dated as of _____________, 2019 HSB 5860264 v.1
Tagged Passions:church

RECAPITULATION OF CONTENTS OF FEE AGREEMENT PURSUANT TO S.C. CODE 12-44-55(A)

The parties have agreed to waive this requirement pursuant to S.C. Code Ann. 12-44-55(B). HSB 5860264 v.1 1 FEE AGREEMENT THIS FEE AGREEMENT (the Fee Agreement ) is made and entered into as of ______________, 2019 by and between BEAUFORT COUNTY, SOUTH CAROLINA (the County ), a body politic and corporate and a political subdivision of the State of South Carolina (the State ), acting by and through the Beaufort County Council (the County Council ) as the governing body of the County, and PROJECT BURNT CHURCH (the Company ).
Tagged Passions:council, subdivision, and church

RECITALS 1. Title 12, Chapter 44, Code of Laws of South Carolina, 1976, as amended (the

Act ) authorizes the County (i) to induce industries to locate in the State; (ii) to encourage industries now located in the State to expand their investments and thus make use of and employ manpower, products, and other resources of the State; and (iii) to enter into a fee agreement with entities meeting the requirements of such Act, which identifies certain property of such entities as economic development property.

Tagged Passions:economic development, development, Development, property, and investment

2.
Pursuant to Section 12-44-40(H)(1) of the Act, the County finds that: (a) the Project (as defined herein) is anticipated to benefit the general public welfare of the County by providing services, employment, recreation, or other public benefits not otherwise adequately provided locally; (b) the Project gives rise to no pecuniary liability of the County or any incorporated municipality and to no charge against its general credit or taxing power; (c) the purposes to be accomplished by the Project are proper governmental and public purposes; and (d) the benefits of the Project are greater than the costs.

No additional detail provided

Tagged Passions:taxes, Taxes, services, employment, and recreation

3.
The County Council has evaluated the Project based on all relevant criteria that include, but are not limited to, the purposes the Project is to accomplish, the anticipated dollar amount and nature of the investment, and the anticipated costs and benefits to the County.

No additional detail provided

Tagged Passions:council and investment

4.
An Ordinance that the County Council adopted contemporaneously with the execution of this Fee Agreement (the Fee Ordinance ) authorizes the County and the Company to enter into a Fee Agreement that classifies the Project as Economic Development Property under the Act and provides for the payment of fees in lieu of taxes, all as further described herein.

NOW, THEREFORE, FOR AND IN CONSIDERATION of the respective representations and agreements hereinafter contained, the parties hereto agree as follows: ARTICLE I DEFINITIONS

Tagged Passions:ordinance, council, economic development, taxes, Taxes, development, Development, and property

Section 1.1 The terms that this Article defines shall for all purposes of this Fee Agreement have the meanings herein specified, unless the context clearly requires otherwise:

Act shall mean Title 12, Chapter 44, Code of Laws of South Carolina, 1976, as amended, and all future acts successor or supplemental thereto or amendatory thereof. HSB 5860264 v.1 2

Act Minimum Investment Requirement shall mean an investment of at least 2,500,000 by the Company of property eligible as economic development property under the Act, provided, however, that in the event of a reduction of the minimum investment level in Section 12-44- 30(14) or any successor section by legislative action, then the Act Minimum Investment Requirement shall equal such reduced amount.

Tagged Passions:economic development, development, events, Development, property, and investment

Commencement Date shall mean the last day of the property tax year during which the Project or the first Phase thereof is placed in service, which date must not be later than the last day of the property tax year which is three years from the year in which the County and the Company enter into this Fee Agreement.

Company shall mean PROJECT BURNT CHURCH and any surviving, resulting, or transferee entity in any merger, consolidation, or transfer of assets; or any other person or entity which may succeed to the rights and duties of the Company. County shall mean Beaufort County, South Carolina, a body politic and corporate and a political subdivision of the State of South Carolina, its successors and assigns, acting by and through the County Council as the governing body of the County.

Tagged Passions:council, taxes, Taxes, subdivision, church, property, and property tax

County Council shall mean the Beaufort County Council, the governing body of the County.

Department shall mean the South Carolina Department of Revenue. Diminution in Value in respect of the Project or any Phase of the Project shall mean any reduction in the value using the original fair market value (without regard to depreciation) as determined in Step 1 of Section 4.1(a) of this Fee Agreement, of the items which constitute a part of the Project or such Phase and which are subject to FILOT payments which may be caused by (i) the Company s removal and/or disposal of equipment pursuant to Section 4.6 of this Fee Agreement; (ii) a casualty to the Project, such Phase of the Project, or any part thereof, described in Section 4.7 of this Fee Agreement; or (iii) a condemnation of the Project, such Phase of the Project, or any part thereof, described in Section 4.8 of this Fee Agreement. Economic Development Property shall mean those items of real and tangible personal property of the Project which are eligible for inclusion as economic development property under the Act, selected and identified by the Company in its annual filing of a SCDOR PT-300S or comparable form with the Department (as such filing may be amended from time to time) for each year within the Investment Period.

Tagged Passions:equipment, council, market, economic development, development, Development, property, investment, condemnation, and incentive

Equipment shall mean all of the machinery, equipment, furniture, office equipment, and fixtures, together with any and all additions, accessions, replacements, and substitutions thereto or therefor used or to be used in the County by the Company for the purposes described in Section 2.2(b) hereof, provided, however, that repairs, alterations, or modifications to personal property which is not economic development property or property subject to a fee in lieu of taxes prior to this Fee Agreement, are not eligible to become Economic Development Property, except for modifications which constitute an expansion of existing real property improvements.

HSB 5860264 v.1 3
Tagged Passions:equipment, expansion, economic development, taxes, Taxes, development, Development, property, Fee-in-lieu, and incentive

Event of Default shall mean any event of default specified in Section 5.1 of this Fee Agreement.

Tagged Passions:events

Exemption Period shall mean the period beginning on the first day of the property tax year after the property tax year in which an applicable piece of Economic Development Property is placed in service and ending on the Termination Date. In case there are Phases of the Project, the Exemption Period applies to each year s investment made during the Investment Period.

Fee, Fee in Lieu of Taxes, FILOT, or Payments in Lieu of Taxes shall mean the amount paid or to be paid in lieu of ad valorem property taxes as provided herein. Fee Agreement shall mean this Fee Agreement. Fee Term shall mean the period from the date of this Fee Agreement until the Termination Date. Improvements shall mean all improvements to the Real Property, including buildings,

Tagged Passions:economic development, taxes, Taxes, development, Development, property, investment, Fee-in-lieu, ad valorem, incentive, and property tax

building additions, roads, sewer lines, and infrastructure, together with any and all additions, fixtures, accessions, replacements, and substitutions thereto or therefor used or to be used in the County for the purposes described in Section 2.2(b) hereof; provided, however, that repairs, alterations, or modifications to real property which is not economic development property or property subject to a fee in lieu of taxes prior to this Fee Agreement, are not eligible to become Economic Development Property, except for modifications which constitute an expansion of existing real property improvements.

Investment Period shall mean the period beginning with the first day of any purchase or acquisition of Economic Development Property and ending five years after the Commencement Date, provided that the Company and the County may agree to a later date pursuant to Section 12-44-30(13) of the Act.

Phase or Phases in respect of the Project shall mean that the Equipment, Improvements, and/or Real Property of the Project are placed in service during more than one year in the Investment Period, and the word Phase shall therefore refer to the applicable portion of the Project placed in service in a given year in the Investment Period.

Tagged Passions:equipment, economic development, development, purchasing, Development, property, and investment

Project shall mean all the Equipment, Improvements, and/or Real Property located on the Real Property in the County and that the Company determines to be necessary, suitable, or useful for the purposes that Section 2.2(b) describes, and first placed in service in calendar year 2019 or thereafter. The Project shall not include existing buildings and improvements on the Real Property, as of the date of the commencement of the Project by the Company, and any machinery and equipment which have previously been subject to South Carolina ad valorem taxation.

Real Property shall mean real property that the Company uses or will use in the County for the purposes that Section 2.2(b) describes, and generally located on the land identified on Exhibit A hereto, together with all and singular the rights, members, hereditaments, and appurtenances belonging or in any way incident or appertaining thereto. HSB 5860264 v.1 4

Tagged Passions:equipment, taxes, Taxes, property, and ad valorem

Removed Components shall mean the following types of components or Phases of the Project or portions thereof which are subject to FILOT payments, all of which the Company shall be entitled to remove from the Project with the result that the same shall no longer be subject to the terms of the Fee Agreement: (a) components or Phases of the Project or portions thereof which the Company, in its sole discretion, determines to be inadequate, obsolete, worn-out, uneconomic, damaged, unsuitable, undesirable, or unnecessary pursuant to Section 4.6 hereof or otherwise; or (b) components or Phases of the Project or portions thereof which the Company in its sole discretion, elects to be treated as removed pursuant to Section 4.7(c) or Section 4.8(b)(iii) of this Fee Agreement.

Replacement Property shall mean any property which is placed in service as a replacement for any item of Equipment, any Improvement, or any Real Property previously subject to this Fee Agreement regardless of whether such property serves the same functions as the property it is replacing and regardless of whether more than one piece of property replaces any item of Equipment, any Improvement, or any Real Property, to the fullest extent that the Act permits. Sponsor shall mean an entity that joins with or is an affiliate of, the Company and that participates in the investment in, or financing of, the Project and which meets the requirements under the Act to be entitled to the benefits of this Agreement with respect to its participation in the Project. Termination Date shall mean in case the entire Project is placed in service in one year, the end of the last day of the property tax year which is the 19th year following the first property tax year in which the entire Project is placed in service, or in case there are Phases of the Project, the Termination Date shall mean with respect to each Phase of the Project the end of the last day of the property tax year which is the 19th year following the first property tax year in which such Phase of the Project is placed in service, provided, that the intention of the parties is that the Company will make at least 20 annual FILOT payments under Article IV hereof with respect to each Phase of the Project and provided further, that if this Fee Agreement is terminated earlier in accordance with the terms hereof, the Termination Date is the date of such termination.

Tagged Passions:equipment, taxes, Taxes, property, investment, incentive, and property tax

Any reference to any agreement or document in this Article I or otherwise in this Fee Agreement shall include any and all amendments, supplements, addenda, and modifications to such agreement or document.

No additional detail provided

Section 1.2 The term investment or invest as used herein shall include not only investments made by the Company, but also to the fullest extent permitted by law, those investments made by or for the benefit of the Company in connection with the Project through federal, state, or local grants, to the extent such investments are subject to ad valorem taxes or FILOT payments by the Company.

HSB 5860264 v.1 5
Tagged Passions:grant, taxes, Taxes, investment, ad valorem, and incentive

ARTICLE II REPRESENTATIONS, WARRANTIES, AND AGREEMENTS

Section 2.1 Representations, Warranties, and Agreements of the County. The County hereby represents, warrants, and agrees as follows: (a) The County is a body politic and corporate and a political subdivision of the State and acts through the County Council as its governing body. The Act authorizes and empowers the County to enter into the transactions that this Fee Agreement contemplates and to carry out its obligations hereunder. The County has duly authorized the execution and delivery of this Fee Agreement and any and all other agreements described herein or therein and has obtained all consents from third parties and taken all actions necessary or that the law requires to fulfill its obligations hereunder. (b) Based upon representations by the Company, the Project constitutes a project within the meaning of the Act, and the County is a County that the Act authorizes to enter into fee in lieu of tax agreements with companies that satisfy the Act Minimum Investment Requirement within the County. (c) The County has agreed that each item of real and tangible personal property comprising the Project which is eligible to be economic development property under the Act and that the Company selects shall be considered Economic Development Property and is thereby exempt from ad valorem taxation in South Carolina.
Tagged Passions:council, economic development, taxes, Taxes, development, public safety, subdivision, Development, property, investment, Fee-in-lieu, ad valorem, and incentive

(d) The millage rate in Section 4.1 hereof is 234.3 mills, the millage rate in effect with respect to the location of the proposed Project on June 30, 2019, as provided under Section 12-44-50(A)(1)(d) of the Act. [COUNTY, PLEASE CONFIRM MILLAGE RATE FOR 7/1/18-6/30/19 FISCAL YEAR.]

(e) The County will not be in default in any of its obligations (contractual or otherwise), including any violation of its statutory debt limit, as a result of entering into and performing under this Fee Agreement. Section 2.2 Representations, Warranties, and Agreements of the Company. The Company hereby represents, warrants, and agrees as follows:
Tagged Passions:taxes, Taxes, and public safety

(a) The Company is in good standing under the laws of the State of _________________, is duly authorized to transact business in the State of South Carolina, has power to enter into this Fee Agreement, and has duly authorized the execution and delivery of this Fee Agreement.

(b) The Company intends to operate the Project as a project within the meaning of the Act as in effect on the date hereof. The Company intends to operate the Project as a manufacturing facility, and for such other purposes that the Act permits as the Company may deem appropriate. HSB 5860264 v.1 6 (c) The Company will use commercially reasonable efforts to ensure that its investment in Economic Development Property of the Project will exceed the Act Minimum Investment Requirement. ARTICLE III COMMENCEMENT AND COMPLETION OF THE PROJECT Section 3.1 The Project. The Company intends to invest in Equipment, Improvements, and/or Real Property, which together comprise the Project and which are anticipated to create at least the Act Minimum Investment Requirement in eligible Economic Development Property investment subject to Payments in Lieu of Taxes in the County. The parties hereto agree that, to the extent that applicable law allows or is revised or construed to allow the benefits of the Act, in the form of Payments-in-Lieu-of-Taxes to be made under Article IV hereof, to be applicable to leased assets including, but not limited to a building and/or personal property to be installed in the buildings and leased to but not purchased by the Company from one or more Sponsors under any form of lease, then such property shall, at the election of the Company, be subject to Payments-in-Lieu-of-Taxes to the same extent as the Company s assets covered by this Fee Agreement, subject, at all times, to the requirement of such applicable law. The parties hereto further agree that this Fee Agreement may be interpreted or modified as may be necessary or appropriate in order to give proper application of this Fee Agreement to such tangible property without such construction or modification constituting an amendment to this Fee Agreement, and thus not requiring any additional action by the County Council. The County Manager, after consulting with the County Attorney, shall be and hereby is authorized to make such modifications, if any, as may be necessary or appropriate in connection therewith. Such leased property shall constitute a part of the Project for all purposes of this Agreement, including the calculation of the Clawback Minimum Requirements, removal, replacement, and termination, and such Sponsor shall be deemed to be a party to this Agreement provided, however, that no Sponsor shall be liable for any payments pursuant to Section 4.2(b) hereof, which shall remain the Company s liability.
Tagged Passions:construction, business, equipment, council, legal, facility, leasing, economic development, voting, taxes, Taxes, development, election, services, purchasing, Development, property, investment, administrator, and manager

Pursuant to the Act and subject to Section 4.2 hereof, the Company and the County hereby agree that the Company shall identify annually those assets which are eligible for FILOT payments under the Act and which the Company selects for such treatment by listing such assets on the applicable schedule in its annual PT-300 form (or comparable form) to be filed with the Department (as such may be amended from time to time) and that by listing such assets, such assets shall automatically become Economic Development Property and therefore be exempt from all ad valorem taxation during the Exemption Period. Anything contained in this Fee Agreement to the contrary notwithstanding, the Company shall not be obligated to complete the acquisition of the Project. However, if the Company does not meet the Act Minimum Investment Requirement, this Fee Agreement shall be terminated as provided in Section 4.2 hereof.

Section 3.2 Diligent Completion. The Company agrees to use its reasonable efforts to cause the completion of the Project as soon as practicable, but in any event on or prior to the end of the Investment Period. HSB 5860264 v.1 7 Section 3.3 Filings and Reports. (a) Each year during the term of the Fee Agreement, the Company shall deliver to the County, the County Auditor, the County Assessor, and the County Treasurer, a copy of its most recent annual filings with the Department with respect to the Project, not later than 30 days following delivery thereof to the Department.

Tagged Passions:economic development, taxes, Taxes, development, events, Development, property, investment, Treasurer, audit, TREASURER, ad valorem, and incentive

(b) The Company shall cause the filing of a copy of this Fee Agreement, as well as a copy of the completed Form PT-443 of the Department, to be filed with the County Auditor and the County Assessor of the County and any partner county, if the Project is placed in a joint county industrial and business park, and the Department within 30 days after the date of execution and delivery hereof by all parties hereto.

(c) The Company agrees to maintain complete books and records accounting for the acquisition, financing, construction, and operation of the Project. Such books and records shall (i) permit ready identification of the various Phases and components thereof; (ii) confirm the dates on which each Phase was placed in service; and (iii) include copies of all filings made by the Company in accordance with Section 3.3(a) or (b) above with respect to property placed in service as part of the Project.
Tagged Passions:construction, business, industrial, parks, property, and audit

(d) Whenever the County shall be required by any governmental or financing entity to file or produce any reports, notices, returns, or other documents related to this transaction while this Fee Agreement is in effect, the Company shall promptly furnish to the County through the County Administrator the completed form of such required documents, to the extent that the Company possesses the information necessary to complete the documents. In the event of a failure or refusal of the Company to comply with this provision, within 30 days after presentation of a statement by the County, the Company shall pay the attorney s fees the County incurs in producing and filing such documents and any fees, penalties, assessments, or damages that the law imposes upon the County by reason of its failure duly to file or produce such documents.

ARTICLE IV PAYMENTS IN LIEU OF TAXES Section 4.1 Negotiated Payments. (a) Pursuant to Section 12-44-50 of the Act, the Company is required to make payments in lieu of ad valorem taxes to the County with respect to the Economic Development Property. Inasmuch as the Company anticipates an initial investment of sums sufficient for the Project to qualify for a fee in lieu of tax arrangement under Section 12-44-50(A)(1) of the Act, the County and the Company have negotiated the amount of the Payments in Lieu of Taxes in accordance therewith. The Company shall make payments in lieu of ad valorem taxes on all Economic Development Property which comprises the Project and is placed in service, as follows: the Company shall make payments in lieu of ad valorem taxes during the Exemption Period with respect to the Economic Development Property or, if there are Phases of the Economic Development Property, with respect to each Phase of the Economic Development Property, said payments to be made annually and to be due and payable and subject to penalty HSB 5860264 v.1 8
Tagged Passions:legal, economic development, taxes, Taxes, development, events, Development, property, investment, administrator, penalty, Fee-in-lieu, ad valorem, and incentive

assessments on the same dates and in the same manner as prescribed by the County for ad valorem taxes. The determination of the amount of such annual Payments in Lieu of Taxes shall be in accordance with the following procedure (subject, in any event, to the procedures that the Act requires):

Step 1: Determine the fair market value of the Economic Development Property (or Phase of the Economic Development Property) placed in service during the Exemption Period using original income tax basis for State income tax purposes for any Real Property and Improvements without regard to depreciation (provided, the fair market value of real property, as the Act defines such term, that the Company obtains by construction or purchase in an arms length transaction is equal to the original income tax basis, and otherwise, the determination of the fair market value is by appraisal) and original income tax basis for State income tax purposes for any personal property less depreciation for each year allowable for property tax purposes, except that no extraordinary obsolescence shall be allowable. The fair market value of the Real Property for the first year of the Fee Term remains the fair market value of the Real Property for the life of the Fee Term. The determination of these values shall take into account all applicable property tax exemptions that State law would allow to the Company if the property were taxable, except those exemptions that Section 12-44- 50(A)(2) of the Act specifically disallows. Step 2: Apply an assessment ratio of six percent (6 ) to the fair market value in Step 1 to establish the taxable value of the Economic Development Property (or each Phase of the Economic Development Property) in the year it is placed in service and in each of the 19 years thereafter. Step 3: Use a fixed millage rate equal to the millage rate in effect on June 30, 2019, which is 234.3 mills, as Section 12-44-50(A)(1)(d) of the Act provides, during the Exemption Period against the taxable value to determine the amount of the Payments in Lieu of Taxes due during the Exemption Period on the payment dates that the County prescribes for such payments. [COUNTY: PLEASE CONFIRM MILLAGE.]
Tagged Passions:construction, market, economic development, taxes, Taxes, development, procedure, events, purchasing, Development, property, ad valorem, and property tax

(b) In the event that a final order of a court of competent jurisdiction or an agreement of the parties determines that the calculation of the minimum Payment in Lieu of Taxes applicable to this transaction is to be other than by the procedure herein, the payment shall be reset at the minimum permitted level so determined.

In the event that a final order of a court of competent jurisdiction from which no further appeal is allowable declares the Act and/or the herein-described Payments in Lieu of Taxes invalid or unenforceable, in whole or in part, for any reason, the parties express their intentions to reform such payments so as to effectuate most closely the intent thereof and so as to afford the Company with the benefits to be derived herefrom, the intention of the County being to offer the Company a strong inducement to locate the Project in the County. If the Economic Development HSB 5860264 v.1 9 Property is deemed to be subject to ad valorem taxation, this Fee Agreement shall terminate, and the Company shall pay the County regular ad valorem taxes from the date of termination, but with appropriate reductions equivalent to all tax exemptions which are afforded to the Company. Any amount determined to be due and owing to the County from the Company, with respect to a year or years for which the Company previously remitted Payments in Lieu of Taxes to the County hereunder, shall (i) take into account all applicable tax exemptions to which the Company would be entitled if the Economic Development Property was not and had not been Economic Development Property under the Act; and (ii) be reduced by the total amount of Payments in Lieu of Taxes the Company had made with respect to the Project pursuant to the terms hereof. Notwithstanding anything contained herein to the contrary, neither the Company nor any successor in title or interest shall be required to pay FILOT payments and ad valorem taxes for the same property over the same period in question. (c) The County s right to receive FILOT payments hereunder shall have a first priority lien status pursuant to Sections 12-44-90(E) and (F) of the Act and Chapters 4, 49, 51, 53, and 54 of Title 12 of the Code of Laws of South Carolina, 1976, as amended.
Tagged Passions:legal, economic development, taxes, Taxes, development, procedure, events, Development, property, ad valorem, incentive, and court

(d) In the event the Company should fail to make any of the payments that this Article IV requires, the item or installment so in default shall continue as an obligation of the Company until the Company shall have fully paid the amount, and the Company agrees to pay the same with interest thereon at a rate of 5 per annum, compounded monthly, to accrue from the date on which the payment was due and, in the case of FILOT payments, subject to the penalties the law provides until payment.

Section 4.2 Failure to Achieve Act Minimum Investment Requirement. (a) In the event that the cost of the Economic Development Property (without regard to depreciation) that the Company acquires does not reach the Act Minimum Investment Requirement by the end of the Investment Period, this Fee Agreement shall terminate as to such entity failing to meet the minimum investment level. In such event, the Company shall pay the County an amount (the Additional Payment ) pursuant to the Act which is equal to the excess, if any, of (i) the total amount of ad valorem taxes as would result from taxes levied on the Project by the County, municipality or municipalities, school district or school districts, and other political units as if the items of property comprising the Economic Development Property were not Economic Development Property, but with appropriate reductions equivalent to all tax exemptions and abatements to which the Company would be entitled in such a case, through and including the end of the Investment Period, over (ii) the total amount of FILOT payments the Company has made with respect to the Economic Development Property through and including the end of the Investment Period. Any amounts determined to be owing pursuant to the foregoing sentence shall be subject to the minimum amount of interest that the Act may require. (b) The County s right to receive FILOT payments hereunder shall have a first priority lien status pursuant to Sections 12-44-90(E) and (F) of the Act and Chapters 4, 49, 51, 53, and 54 of Title 12 of the Code of Laws of South Carolina, 1976, as amended. (c) In the event the Company should fail to make any of the payments that this Article IV requires, the item or installment so in default shall continue as an obligation of the HSB 5860264 v.1 10
Tagged Passions:economic development, taxes, Taxes, development, events, Development, abatement, property, investment, education, ad valorem, and incentive

Company until the Company shall have fully paid the amount, and the Company agrees to pay the same with interest thereon at a rate of 5 per annum, compounded monthly, to accrue from the date on which the payment was due and, in the case of FILOT payments, subject to the penalties the law provides until payment.

Section 4.3 Payments in Lieu of Taxes on Replacement Property. If the Company elects to replace any Removed Components and to substitute such Removed Components with Replacement Property as a part of the Economic Development Property, or the Company otherwise utilizes Replacement Property, then, pursuant and subject to Section 12-44-60 of the Act, the Company shall make statutory payments in lieu of ad valorem taxes with regard to such Replacement Property in accordance with the following: (i) Replacement Property does not have to serve the same function as the Economic Development Property it is replacing. Replacement Property is deemed to replace the oldest Economic Development Property subject to the Fee, whether real or personal, which is disposed of in the same property tax year in which the Replacement Property is placed in service. Replacement Property qualifies as Economic Development Property only to the extent of the original income tax basis of Economic Development Property which is being disposed of in the same property tax year. More than one piece of property can replace a single piece of Economic Development Property. To the extent that the income tax basis of the Replacement Property exceeds the original income tax basis of the Economic Development Property which it is replacing, the excess amount is subject to annual payments calculated as if the exemption for Economic Development Property were not allowable. Replacement Property is entitled to treatment under the Fee Agreement for the period of time remaining during the Exemption Period for the Economic Development Property which it is replacing; and (ii) The new Replacement Property which qualifies for the Fee shall be recorded using its income tax basis, and the calculation of the Fee shall utilize the millage rate and assessment ratio in effect with regard to the original property subject to the Fee. Section 4.4 Reductions in Payments of Taxes Upon Removal, Condemnation, or Casualty. In the event of a Diminution in Value of the Economic Development Property or any Phase of the Economic Development Property, the Payment in Lieu of Taxes with regard to the Economic Development Property or that Phase of the Economic Development Property shall be reduced in the same proportion as the amount of such Diminution in Value bears to the original fair market value of the Economic Development Property or that Phase of the Economic Development Property as determined pursuant to Step 1 of Section 4.1(a) hereof; provided, however, that if at any time subsequent to the end of the Investment Period, the total value of the Project based on the original income tax basis of the Equipment, Real Property, and Improvements contained therein, without deduction for depreciation, is less than the Act Minimum Investment Requirement, beginning with the first payment thereafter due hereunder and continuing until the end of the Fee Term, the Company shall no longer be entitled to the HSB 5860264 v.1 11 incentive provided in Section 4.1, and the Company shall therefore commence to pay regular ad valorem taxes on the Economic Development Property part of the Project. Section 4.5 Place and Allocation of Payments in Lieu of Taxes. The Company shall make the above-described Payments in Lieu of Taxes directly to the County in accordance with applicable law. Section 4.6 Removal of Equipment. Subject, always, to the other terms and provisions hereof, the Company shall be entitled to remove and dispose of components or Phases of the Project from the Project in its sole discretion with the result that said components or Phases shall no longer be considered a part of the Project and, to the extent such constitute Economic Development Property, shall no longer be subject to the terms of this Fee Agreement to the fullest extent allowed by the Act, as amended. Economic Development Property is disposed of only when it is scrapped or sold or it is removed from the Project. If it is removed from the Project, it is subject to ad valorem property taxes to the extent the Property remains in the State and is otherwise subject to ad valorem property taxes. Section 4.7 Damage or Destruction of Economic Development Property. (a) Election to Terminate. In the event the Economic Development Property is damaged by fire, explosion, or any other casualty, the Company shall be entitled to terminate this Fee Agreement. The Company shall only be required to make FILOT payments as to all or any part of the tax year in which the damage or casualty occurs to the extent property subject to ad valorem taxes would otherwise have been subject to such taxes under the same circumstances for the period in question.
Tagged Passions:equipment, market, economic development, voting, taxes, Taxes, development, election, events, Development, property, investment, ad valorem, condemnation, incentive, and property tax

(b) Election to Rebuild. In the event the Economic Development Property is damaged by fire, explosion, or any other casualty, and if the Company does not elect to terminate this Fee Agreement, the Company may commence to restore the Economic Development Property with such reductions or enlargements in the scope of the Economic Development Property, changes, alterations, and modifications (including the substitution and addition of other property) as may be desired by the Company. All such restorations and replacements shall be considered, to the fullest extent permitted by law and this Fee Agreement, substitutions of the destroyed portions of the Economic Development Property and shall be considered part of the Economic Development Property for all purposes hereof, including, but not limited to, any amounts due by the Company to the County under Section 4.1 hereof.

(c) Election to Remove. In the event the Company elects not to terminate this Fee Agreement pursuant to subsection (a) and elects not to rebuild pursuant to subsection (b), the damaged portions of the Economic Development Property shall be treated as Removed Components.

Tagged Passions:economic development, voting, development, election, events, Development, and property

Section 4.8 Condemnation. (a) Complete Taking. If at any time during the Fee Term title to or temporary use of

No additional detail provided

Tagged Passions:condemnation

the Economic Development Property should become vested in a public or quasi-public authority by virtue of the exercise of a taking by condemnation, inverse condemnation, or the right of eminent domain; by voluntary transfer under threat of such taking; or by a taking of title to a

portion of the Economic Development Property which renders continued use or occupancy of the Economic Development Property commercially unfeasible in the judgment of the Company, the Company shall have the option to terminate this Fee Agreement by sending written notice to the County within a reasonable period of time following such vesting. The Company shall only be required to make FILOT payments as to all or any part of the tax year in which the taking occurs to the extent property subject to ad valorem taxes would otherwise have been subject to such taxes under the same circumstances for the period in question.

Tagged Passions:economic development, taxes, Taxes, development, Development, property, ad valorem, and incentive

(b) Partial Taking. In the event of a partial taking of the Economic Development Property or a transfer in lieu thereof, the Company may elect: (i) to terminate this Fee Agreement; (ii) subject to the Act and the terms and provisions of this Fee Agreement, to repair and restore the Economic Development Property, with such reductions or enlargements in the scope of the Economic Development Property, changes, alterations, and modifications (including the substitution and addition of other property) as the Company may desire, and all such changes, alterations, and modifications shall be considered as substitutions of the taken parts of the Economic Development Property; or (iii) to treat the portions of the Economic Development Property so taken as Removed Components.

(c) The Company shall only be required to make FILOT payments as to all or any part of the tax year in which the taking occurs to the extent property subject to ad valorem taxes would otherwise have been subject to such taxes under the same circumstances for the period in question.

Tagged Passions:economic development, taxes, Taxes, development, events, Development, property, ad valorem, and incentive

Section 4.9 Confidentiality/Limitation on Access to Project. The County acknowledges and understands that the Company utilizes confidential and proprietary processes and materials, services, equipment, trade secrets, and techniques (herein Confidential Information ) and that any disclosure of Confidential Information concerning the Company s operations may result in substantial harm to the Company and could thereby have a significant detrimental impact on the Company s employees and also upon the County. The Company acknowledges that the County is subject to the Freedom of Information Act, and, as a result, must disclose certain documents and information on request absent an exemption. For these reasons, the Company shall clearly label all Confidential Information it delivers to the County Confidential Information. Therefore, the County agrees that, except as required by law, neither the County nor any employee, agent, or contractor of the County shall (i) request or be entitled to receive any such Confidential Information, or (ii) disclose or otherwise divulge any such Confidential Information to any other person, firm, governmental body or agency, or any other entity unless specifically required to do so by law; provided, however, that the County shall have no less rights concerning information relating to the Project and the Company than concerning any other property or property taxpayer in the County, and, provided further, that the confidentiality of such confidential or proprietary information is clearly disclosed to the County in writing as previously described. Prior to disclosing any Confidential Information, subject to the requirements of law, the Company may require the execution of reasonable, individual, confidentiality and non-disclosure agreements by any officers, employees, or agents of the County or any supporting or cooperating governmental agencies who would gather, receive, or review such information. In the event that the County is required to disclose any Confidential Information obtained from the Company to any third party, the County agrees to provide the Company with as much advance notice as possible of such requirement before making such

HSB 5860264 v.1 13 disclosure, and to cooperate reasonably with any attempts by the Company to obtain judicial or other relief from such disclosure requirement.
Tagged Passions:equipment, materials, services, events, property, trade, and Freedom of Information Act (FOIA)

Section 4.10 Assignment. With the prior written consent of the County or a subsequent written ratification by the County, which consent or ratification the County will not unreasonably withhold unless Section 12-44-120 of the Act or any successor provision expressly does not require consent, and in accordance with the Act, the Company may assign this Fee Agreement in whole or in part. The Company agrees to notify the County and the Department of the identity of such transferee within 60 days of the transfer. In case of a transfer, the transferee assumes the transferor s basis in the Project for purposes of calculating the Fee. No approval is required for transfers to sponsor affiliates or other financing related transfers, as defined in the Act.

Section 4.11 No Double Payment; Future Changes in Legislation. (a) Notwithstanding anything contained herein to the contrary, and except as expressly required by law, neither the Company nor any Sponsor shall ever be required to make a Payment in Lieu of Taxes in addition to a regular property tax payment in the same year over the same piece of property, nor shall the Company or any Sponsor be required to make a Payment in Lieu of Taxes on property in cases where, absent this Fee Agreement, property taxes would otherwise not be due on such property.

Tagged Passions:taxes, Taxes, property, and property tax

In case there is any legislation enacted which provides for more favorable treatment for property to qualify as, or for the calculation of the fee related to, Economic Development Property under Sections 4.4, 4.6, 4.7, 4.8, or the calculation of the Investment Period, the County agrees to give expedient and full consideration to such legislation, with a view to allow for such more favorable treatment or calculation.

Tagged Passions:economic development, development, Development, property, and investment

Section 4.12 Administration Expenses. (a) The Company agrees to pay the reasonable and necessary expenses that the

County incurs with respect to the execution and administration of this Fee Agreement, including without limitation reasonable and actual attorney s fees (the Administration Expenses ); provided, however, that no such expense shall be an Administration Expense until the County has furnished to the Company a statement in writing indicating the amount of such expense and the reason for its incurrence. ARTICLE V DEFAULT Section 5.1 Events of Default. The following shall be Events of Default under this Fee Agreement, and the term Events of Default shall mean, whenever used with reference to this Fee Agreement, any one or more of the following occurrences: (a) Failure by the Company to make the Payments in Lieu of Taxes described in Section 4.1 hereof, which failure shall not have been cured within 30 days following receipt of written notice thereof from the County; provided, however, that the Company shall be entitled to all redemption rights granted by applicable statutes; or HSB 5860264 v.1 14 (b) A representation or warranty made by the Company which is deemed materially incorrect when deemed made; or (c) Failure by the Company to perform any of the terms, conditions, obligations, or covenants hereunder (other than those under (a) above), which failure shall continue for a period of 30 days after written notice from the County to the Company specifying such failure and requesting that it be remedied, unless the Company shall have instituted corrective action within such time period and is diligently pursuing such action until the default is corrected, in which case the 30-day period shall be extended to cover such additional period during which the Company is diligently pursuing corrective action; or (d) A representation or warranty made by the County which is deemed materially incorrect when deemed made; or (e) Failure by the County to perform any of the terms, conditions, obligations, or covenants hereunder, which failure shall continue for a period of 30 days after written notice from the Company to the County specifying such failure and requesting that it be remedied, unless the County shall have instituted corrective action within such time period and is diligently pursuing such action until the default is corrected, in which case the 30-day period shall be extended to cover such additional period during which the County is diligently pursuing corrective action; or (f) A cessation of operations at the Project by the Company. Section 5.2 Remedies on Default. (a) Whenever any Event of Default by the Company shall have occurred and shall be continuing, the County may take any one or more of the following remedial actions: (1) terminate the Fee Agreement; or (2) take whatever action at law or in equity may appear necessary or desirable
Tagged Passions:grant, legal, taxes, Taxes, and events

to collect the amounts due hereunder. In no event shall the Company be liable to the County or otherwise for monetary damages resulting from the Company s failure to meet the Act Minimum Investment Requirement, other than as expressly set forth herein.

Tagged Passions:events and investment

In addition to all other remedies provided herein, the failure to make FILOT payments shall give rise to a lien for tax purposes as Section 12-44-90 of the Act provides. In this regard, and notwithstanding anything in this Fee Agreement to the contrary, the County may exercise the remedies that general law (including Title 12, Chapter 49 of the Code of Laws of South Carolina, 1976, as amended) provides with regard to the enforced collection of ad valorem taxes to collect any FILOT payments due hereunder.

No additional detail provided

Tagged Passions:taxes, Taxes, ad valorem, and incentive

(b) Whenever any Event of Default by the County shall have occurred or shall be continuing, the Company may take one or more of the following actions:

Tagged Passions:events

(1) bring an action for specific enforcement; (2) terminate the Fee Agreement; or

HSB 5860264 v.1 15

(3) in case of a materially incorrect representation or warranty, take such action as is appropriate, including legal action, to recover its damages, to the extent allowed by law.

Section 5.3 Reimbursement of Legal Fees and Expenses and Other Expenses. Upon the occurrence of an Event of Default hereunder, should a party be required to employ attorneys or incur other reasonable expenses for the collection of payments due hereunder or for the enforcement of performance or observance of any obligation or agreement, the successful party shall be entitled, within 30 days of demand therefor, to reimbursement of the reasonable fees of such attorneys and such other reasonable expenses so incurred. The Company further agrees to pay reasonable legal fees and expenses and other expenses of the County. Section 5.4 No Waiver. No failure or delay on the part of any party hereto in exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy hereunder. No waiver of any provision hereof shall be effective unless the same shall be in writing and signed by the waiving party hereto. ARTICLE VI MISCELLANEOUS Section 6.1 Notices. Any notice, election, demand, request, or other communication to be provided under this Fee Agreement shall be effective when delivered to the party named below or when deposited with the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed as follows (or addressed to such other address as any party shall have previously furnished in writing to the other party), except where the terms hereof require receipt rather than sending of any notice, in which case such provision shall control:

Tagged Passions:legal, voting, election, events, performance, communications, and Communications

IF TO THE COMPANY:

Project Burnt Church Attn: HSB 5860264 v.1 16
Tagged Passions:church

IF TO THE COUNTY:

Beaufort County, South Carolina Attn: County Administrator P.O. Box 1228 Beaufort, SC 29901-1228

WITH A COPY TO: Haynsworth Sinkler Boyd, P.A. Attn: William R. Johnson P.O. Box 11889 Columbia, SC 29211 Section 6.2 Binding Effect. This Fee Agreement and each document contemplated hereby or related hereto shall be binding upon and inure to the benefit of the Company, the County, and their respective successors and assigns. In the event of the dissolution of the County or the consolidation of any part of the County with any other political subdivision or the transfer of any rights of the County to any other such political subdivision, all of the covenants, stipulations, promises, and agreements of this Fee Agreement shall bind and inure to the benefit of the successors of the County from time to time and any entity, officer, board, commission, agency, or instrumentality to whom or to which any power or duty of the County has been transferred. Section 6.3 Counterparts. This Fee Agreement may be executed in any number of counterparts, and all of the counterparts taken together shall be deemed to constitute one and the same instrument. Section 6.4 Governing Law. This Fee Agreement and all documents executed in connection herewith shall be construed in accordance with and governed by the laws of the State of South Carolina. Section 6.5 Headings. The headings of the articles and sections of this Fee Agreement are inserted for convenience only and shall not be deemed to constitute a part of this Fee Agreement.
Tagged Passions:boards and commissions, subdivision, events, and administrator

Section 6.6 Amendments. The provisions of this Fee Agreement may only be modified or amended in writing by any agreement or agreements entered into between the parties.

Section 6.7 Further Assurance. From time to time, and at the expense of the Company, to the extent any expense is incurred, the County agrees to execute and deliver to the Company such additional instruments as the Company may reasonably request and as are authorized by law and reasonably within the purposes and scope of the Act and Fee Agreement to effectuate the purposes of this Fee Agreement. HSB 5860264 v.1 17

Section 6.8 Invalidity; Change in Laws. In the event that the inclusion of property as Economic Development Property or any other issue is unclear under this Fee Agreement, the County hereby expresses its intention that the interpretation of this Fee Agreement shall be in a manner that provides for the broadest inclusion of property under the terms of this Fee Agreement and the maximum incentive permissible under the Act, to the extent not inconsistent with any of the explicit terms hereof. If any provision of this Fee Agreement is declared illegal, invalid, or unenforceable for any reason, the remaining provisions hereof shall be unimpaired, and such illegal, invalid, or unenforceable provision shall be reformed to effectuate most closely the legal, valid, and enforceable intent thereof and so as to afford the Company with the maximum benefits to be derived herefrom, it being the intention of the County to offer the Company the strongest inducement possible, within the provisions of the Act, to locate the Project in the County. In case a change in the Act or South Carolina laws eliminates or reduces any of the restrictions or limitations applicable to the Company and the Fee incentive, the parties agree that the County will give expedient and full consideration to reformation of this Fee Agreement, and, if the County Council so decides, to provide the Company with the benefits of such change in the Act or South Carolina laws.

Section 6.9 Force Majeure. The Company shall not be responsible for any delays or non-performance caused in whole or in part, directly or indirectly, by strikes, accidents, freight embargoes, fires, floods, inability to obtain materials, conditions arising from governmental orders or regulations, war or national emergency, acts of God, and any other cause, similar or dissimilar, beyond the Company s reasonable control. Section 6.10 Termination by Company. The Company is authorized to terminate this Fee Agreement at any time with respect to all or part of the Project upon providing the County with 30 days notice; provided, however, that (i) any monetary obligations existing hereunder and due and owing at the time of termination to a party hereto; and (ii) any provisions which are intended to survive termination shall survive such termination. In the year following such termination, all property shall be subject to ad valorem taxation or such other taxation or fee in lieu of taxation that would apply absent this agreement. The Company s obligation to make fee in lieu of tax payments under this Fee Agreement shall terminate in the year following the year of such termination pursuant to this section. Section 6.11 Entire Understanding. This Fee Agreement expresses the entire understanding and all agreements of the parties hereto with each other, and neither party hereto has made or shall be bound by any agreement or any representation to the other party which is not expressly set forth in this Fee Agreement or in certificates delivered in connection with the execution and delivery hereof. Section 6.12 Waiver. Either party may waive compliance by the other party with any term or condition of this Fee Agreement only in a writing signed by the waiving party. Section 6.13 Business Day. In the event that any action, payment, or notice is, by the terms of this Fee Agreement, required to be taken, made, or given on any day which is a Saturday, Sunday, or legal holiday in the jurisdiction in which the person obligated to act is domiciled, such action, payment, or notice may be taken, made, or given on the following HSB 5860264 v.1 18 business day with the same effect as if given as required hereby, and no interest shall accrue in the interim. Section 6.14 Limitation of Liability. Anything herein to the contrary notwithstanding, any financial obligation the County may incur hereunder, including for the payment of money shall not be deemed to constitute a pecuniary liability or a debt or general obligation of the County; provided, however, that nothing herein shall prevent the Company from enforcing its rights hereunder by suit for mandamus or specific performance.

Tagged Passions:regulation, business, finance, council, legal, economic development, taxes, Taxes, development, materials, events, performance, emergency, flooding, Development, property, compliance, trade, Fee-in-lieu, holiday, ad valorem, and incentive

ARTICLE VII INDEMNIFICATION, INDIVIDUAL LIABILITY

Section 7.1 Indemnification Covenants. (a) Notwithstanding any other provisions in this Fee Agreement or in any other

agreements with the County (i) the Company shall agree to indemnify and save the County, its members, officers, employees, servants, and agents (collectively, the Indemnified Parties ), harmless against and from all claims by or on behalf of any person, firm, or corporation arising from the conduct or management of, or from any work or thing done on the Project during the Fee Term, and, the Company further shall indemnify and save the Indemnified Parties harmless against and from all claims arising during the Fee Term from (A) any condition of the Project, (B) any breach or default on the part of the Company in the performance of any of its obligations under this Fee Agreement, (C) any act of negligence of the Company, or of any agents, contractors, servants, employees, or licensees, (D) except in such cases where the County has released the Company, any act of negligence of any assignee or sublessee of the Company, or of any agents, contractors, servants, employees, or licensees of any assignee or sublessee of Company, and/or (E) any environmental violation, condition, or effect. The Company shall indemnify and save the County harmless from and against all costs and expenses incurred in or in connection with any such claim arising as aforesaid or in connection with any action or proceeding brought thereon, and upon notice from the County, the Company shall defend it in any such action, prosecution, or proceeding.

Tagged Passions:performance, environment, and license

(b) Notwithstanding the fact that it is the intention of the parties that the Indemnified Parties shall not incur pecuniary liability by reason of the terms of this Fee Agreement, or the undertakings required of the County hereunder, by reason of the granting of the Fee, by reason of the execution of this Fee Agreement, by reason of the performance of any act requested of it by the Company, or by reason of the County s relationship to the Project or the operation of the Project by the Company, including all claims, liabilities, or losses arising in connection with the violation of any statutes or regulations pertaining to the foregoing, nevertheless, if the County, its agents, officers, or employees should incur any such pecuniary liability, then in such event the Company shall indemnify and hold them harmless against all claims by or on behalf of any person, firm, or corporation, arising out of the same, and all costs and expenses incurred in connection with any such claim or in connection with any action or proceeding brought thereon, and upon notice, the Company shall defend them in any such action or proceeding; provided, however, that such indemnity shall not apply to the extent that any such claim is attributable to

HSB 5860264 v.1 19 (i) the gross negligent acts or omissions or willful misconduct of the County, its agents, officers, or employees, or (ii) any breach of this Fee Agreement by the County. (c) The above-referenced indemnification covenants shall be considered included in and incorporated by reference in subsequent documents after the delivery of this Fee Agreement which the County is requested to sign on behalf of the Company with respect to the Project, and any other indemnification covenants in any subsequent documents shall not be construed to reduce or limit the above indemnification covenants. (d) No termination of this Fee Agreement pursuant to any provision elsewhere in this Fee Agreement shall relieve the Company of its liability and obligations to make the payments required by this Section 7.1, all of which shall survive any such termination.
Tagged Passions:grant, regulation, events, and performance

Section 7.2 No Liability of County Personnel. All covenants, stipulations, promises, agreements, and obligations of the County contained herein shall be deemed to be covenants, stipulations, promises, agreements, and obligations of the County and shall be binding upon any member of the County Council or any officer, agent, servant, or employee of the County only in his or her official capacity and not in his or her individual capacity, and no recourse shall be had for the payment of any moneys hereunder against any member of the governing body of the County or any officer, agent, servant, or employee of the County, and no recourse shall be had against any member of the County Council or any officer, agent, servant, or employee of the County for the performance of any of the covenants and agreements of the County herein contained or for any claims based thereon except solely in their official capacity.

(Signature Page Follows) HSB 5860264 v.1 20 IN WITNESS WHEREOF, the County, acting by and through the County Council, has caused this Fee Agreement to be executed in its name and behalf by the County Administrator and to be attested by the Clerk of the County Council; and the Company has caused this Fee Agreement to be executed by its duly authorized officer, all as of the day and year first above written.
Tagged Passions:council, personnel, performance, and administrator

BEAUFORT COUNTY, SOUTH CAROLINA

Signature: Name: Title: ATTEST: Signature: Name: Title: Clerk to County Council PROJECT BURNT CHURCH Signature: Name: Title: HSB 5860264 v.1 21 EXHIBIT A LEGAL DESCRIPTION
Tagged Passions:council, legal, and church

[COMPANY: PLEASE PROVIDE LEGAL DESCRIPTION.]

Tagged Passions:legal

1
34069556 v1


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