Council moves to renegotiate solar fee structures for three major projects
Following significant discussion, the Council approved second readings for two Fee-In-Lieu of Ad Valorem Taxes (FILOT) ordinances and a first reading for a third, all amended to remove specific $2,500 per-megawatt fees. Council members directed the Economic Development Department to renegotiate these terms to ensure more favorable financial arrangements for the county.
5 votes5 passed
The vote behind the headline
FILOT Ordinance for Project White Oak (2nd Reading):Council approved the second reading for the Project White Oak tax incentive, pending fee renegotiations.Taxes & budget
Unanimous · 7-0
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How they voted - unanimous
✓ Katie Guinn✓ Jimmy Jones✓ Russell Brazell✓ Derek Shoemake✓ Brant Tomlinson✓ Danny Catoe✓ Sammie Tucker Jr.
What this was about
This ordinance authorizes a Fee-In-Lieu of Ad Valorem Taxes (FILOT) agreement for Project White Oak, a 75-megawatt solar energy facility. Similar to the Project Tree measure, the agreement aims to incentivize the company’s capital investment in the county. During the session, Council members opted to strip the $2,500 per-megawatt fee from the current version of the agreement. Councilman Brant Tomlinson moved to approve the second reading while tasking Economic Development Director Jeff Burgess with negotiating a more beneficial fee structure before the final reading. The project remains part of the county's broader economic development strategy, utilizing multi-county park arrangements to provide tax benefits. The third reading and public hearing are currently scheduled for the December 12 meeting, where final terms will be presented to the Council for a binding decision.
FILOT Ordinance for Project White Oak (2nd Reading):Council approved the second reading for the Project White Oak tax incentive, pending fee renegotiations.Taxes & budget
Unanimous · 7-0
▸detailsless
How they voted - unanimous
✓ Katie Guinn✓ Jimmy Jones✓ Russell Brazell✓ Derek Shoemake✓ Brant Tomlinson✓ Danny Catoe✓ Sammie Tucker Jr.
What this was about
This ordinance authorizes a Fee-In-Lieu of Ad Valorem Taxes (FILOT) agreement for Project White Oak, a 75-megawatt solar energy facility. Similar to the Project Tree measure, the agreement aims to incentivize the company’s capital investment in the county. During the session, Council members opted to strip the $2,500 per-megawatt fee from the current version of the agreement. Councilman Brant Tomlinson moved to approve the second reading while tasking Economic Development Director Jeff Burgess with negotiating a more beneficial fee structure before the final reading. The project remains part of the county's broader economic development strategy, utilizing multi-county park arrangements to provide tax benefits. The third reading and public hearing are currently scheduled for the December 12 meeting, where final terms will be presented to the Council for a binding decision.
Bethune Property Conveyance Ordinance (2nd Reading):Council approved the transfer of 17.18 acres of county-owned property to the Town of Bethune.Development
Unanimous · 7-0
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How they voted - unanimous
✓ Katie Guinn✓ Jimmy Jones✓ Russell Brazell✓ Derek Shoemake✓ Brant Tomlinson✓ Danny Catoe✓ Sammie Tucker Jr.
This ordinance authorizes the conveyance of approximately 17.18 acres of county-owned land to the Town of Bethune for public use. The property, located near Mecklenburg Road and Brown Street, includes sites that formerly housed county facilities. Councilman Danny Catoe, who sponsored the ordinance, noted that the property will serve as an asset for the town's ongoing development efforts. The agreement includes a reversion clause, ensuring that if the town fails to use the land for public purposes, ownership reverts to Kershaw County. During the meeting, Council approved an amendment adding a right of first refusal for the town regarding 7.19 acres of retained land. This move is intended to streamline local property management while ensuring the land remains dedicated to public needs rather than private commercial sale.
PASSED (Unanimous). The ordinance includes new language adding a right of first refusal for the town regarding retained acreage
FILOT Ordinance for Project Tree (2nd Reading):Council approved a tax incentive ordinance for Project Tree, removing a fee to allow further negotiation.Taxes & budget
Unanimous · 7-0
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How they voted - unanimous
✓ Katie Guinn✓ Jimmy Jones✓ Derek Shoemake✓ Brant Tomlinson✓ Danny Catoe✓ Russell Brazell✓ Sammie Tucker Jr.
This ordinance authorizes a Fee-In-Lieu of Ad Valorem Taxes (FILOT) agreement for Project Tree, an 80-megawatt utility-scale solar facility proposing an $80 million investment. The measure allows the county to offer tax incentives to attract the project, which is intended to be located within a multi-county industrial park. During the second reading, Council members expressed uncertainty regarding the proposed fee structures. Consequently, Councilman Brant Tomlinson moved to approve the ordinance with an amendment removing a specific $2,500 per-megawatt fee previously included in the agreement. This change grants Economic Development Director Jeff Burgess the authority to renegotiate the financial terms with the company to secure a more favorable arrangement for the county. The ordinance requires a third reading and a public hearing, tentatively scheduled for December 12, before the agreement can be finalized.
Inducement Resolution for Project Sandy:Council passed a non-binding resolution expressing intent to enter a tax incentive agreement for Project Sandy.
Unanimous · 7-0
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How they voted - unanimous
✓ Katie Guinn✓ Jimmy Jones✓ Russell Brazell✓ Derek Shoemake✓ Brant Tomlinson✓ Danny Catoe✓ Sammie Tucker Jr.
The Inducement Resolution serves as an initial, non-binding statement of intent by Kershaw County to partner with an entity identified as Project Sandy for a solar development. This resolution is a procedural requirement under state law that allows the county to begin formalizing potential economic development incentives, specifically a Fee-In-Lieu of Ad Valorem Taxes (FILOT) agreement. It formally identifies the project, which is expected to be an 80-megawatt solar facility, as a candidate for economic incentives. By passing this resolution, the Council signals its willingness to consider a future agreement, provided that final terms meet the county's financial interests. No specific tax or credit terms are set in this resolution; these will be established and debated in the accompanying ordinance process, which also saw its first reading approved during the same meeting.
FILOT Ordinance for Project Sandy (1st Reading):Council approved the first reading of a tax incentive ordinance for the Project Sandy solar development.Taxes & budget
Unanimous · 7-0
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How they voted - unanimous
✓ Katie Guinn✓ Jimmy Jones✓ Derek Shoemake✓ Brant Tomlinson✓ Danny Catoe✓ Russell Brazell✓ Sammie Tucker Jr.
This ordinance serves as the first reading for a Fee-In-Lieu of Ad Valorem Taxes (FILOT) agreement for Project Sandy, an 80-megawatt utility-scale solar facility proposed for Kershaw County. Consistent with the Council’s recent approach to solar development, the members amended the ordinance during the initial reading to remove a fixed $2,500 per-megawatt fee. This adjustment ensures that Economic Development Director Jeff Burgess has the authorization to negotiate a rate that better serves the county’s long-term financial health. The measure was passed unanimously, following the approval of the project's Inducement Resolution earlier in the meeting. The ordinance is intended to create an economic incentive package that encourages the company to locate in the county. It must undergo two additional readings and a public hearing before it can be formally adopted.
The Council voted unanimously (7-0) to remove an executive session regarding a personnel matter from the agenda, approve the amended agenda, and adjourn the meeting.
Discussed, no vote▸showhide
Camden Burial Report: Attorney John DuBose presented a timeline regarding the reinterment of soldiers at the Quaker Cemetery. The Council discussed the lack of public notification and the role of the U.S. Army in determining the nature of the event.
Planning Commission Appointment: Council appointed Clifton S. Emmons to the Planning Commission to fill the District 3 vacancy.
Appointments: The Council discussed vacancies on the Assessment Appeals Board and the Clean Community Commission, noting that the city of Camden has yet to provide a nomination for the latter.
Public comment▸showhide
One member of the public, Tom Webb III, addressed the Council. He expressed concerns regarding the reliability of solar power, national security, and the potential impact of future housing developments on local infrastructure.
Coming up▸showhide
Next Council Meeting: Tuesday, December 12, 2023.
Pending Actions: Third readings and public hearings for the Project Tree, Project White Oak, and Project Sandy ordinances are tentatively scheduled for the December 12th meeting.
This is an independent summary prepared from the county's official published minutes and the meeting's live stream, not an official county communication.
How this recap was made: Prepared from the county's official minutes (the verified vote record) combined with the meeting's live stream (quotes and discussion). This is an automated summary written by software (a neural-network summarizer working from the documents above). Rely on the official county record for anything important.
