FINAL AGENDA

 

 

 

SPARTANBURG COUNTY COUNCIL

 GENERAL SESSION

MONDAY, OCTOBER 15, 2007

2:30 P.M.

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

 

 

 

I.          Call to Order………………………………Honorable Jeff Horton, Chairman

 

 

II.                   Receive information and take desired action regarding various Boards and Commissions:

 

A.     Accommodations Tax Advisory Committee

B.     Alcohol and Drug Abuse Commission

C.    Community Development Citizens Advisory Committee

D.    Domestic Violence Board

E.     Piedmont Community Actions

 

 

III.                  Receive information and take desired action in reference to amending Ordinance Nos. 556, 649, O-01-22 and O-07-08 and Articles of Incorporation to change the appointment process for members of Spartanburg Regional Health Services District, Inc. as appointed by County Council to include participation by Health Services District Board in the appointment process.  (Mr. Terry Cash, Chairman of Health Services District Board, to present) - (Action Requested:  Render first reading to Ordinance)

 

 

IV.               Receive information in reference to the Appalachian Region Comprehensive Economic Development Strategies.  (Mr. Chip Bentley, Planning Services Director, Appalachian Council of Governments, to present)

 

 

V.                 Adjourn


AGENDA

ECONOMIC RECRUITMENT AND DEVELOPMENT COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, OCTOBER 15, 2007

 

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

 

I.         Call to Order-              Hon. David Britt, Chairman

                                                            Hon. Jeff Horton, Member

                                                            Hon. Dale Culbreth, Member

 

II.                   Matters before Committee:

 

A.         Receive information and take desired in reference to an Ordinance authorizing the execution and delivery of a fee in lieu of tax agreement by and among Spartanburg County, South Carolina and Adidas Sales, Inc., OBP Spartanburg, LLC and their assignees and one or more sponsors; and other matters relating thereto including, without limitation, payment of a fee in lieu of taxes.  (Mr. Carter Smith, Spartanburg County Economic Development Corporation, and Mr. Jeremy Cook, Haynsworth Sinkler Boyd, to present) - (Action Requested:  Render third reading to Ordinance)

B.          Receive information and take desired action in reference to an Ordinance authorizing the execution and delivery of an agreement between Spartanburg County, South Carolina and Adidas Sales, Inc., OBP Spartanburg, LLC, their assignees and one or more sponsors granting certain Special Source Credits.  (Mr. Carter Smith, Spartanburg County Economic Development Corporation, and Mr. Jeremy Cook, Haynsworth Sinkler Boyd, to present) - (Action Requested:  Render third reading to Ordinance)

C.         Receive information and take desired action in reference to a Resolution authorizing the County’s execution and delivery of an amendment to an existing lease agreement dated as of December 1, 1988 between Spartanburg County, South Carolina and Michelin North America, Inc.  (Action Requested:  Adopt Resolution) – (Mr. Carter Smith, Spartanburg County Economic Development Corporation, and Mr. Frank Williams, Leatherwood Walker Todd & Mann, to present)

D.         Receive information and take desired action in reference to an Ordinance authorizing the execution and delivery of an amendment to an existing fee in lieu of tax agreement by and between Spartanburg County, South Carolina and Michelin North America, Inc. dated as of December 20, 2004; and other matters relating thereto.  (Action Requested:  Render first reading to Ordinance) – (Mr. Carter Smith, Spartanburg County Economic Development Corporation, and Mr. Frank Williams, Leatherwood Walker Todd & Mann, to present)

E.         Receive information and take desired action in reference to an Ordinance to develop a jointly owned and operated Business Park in conjunction with Union County and to authorize a written agreement with Union County to provide for the manner by which expenses and revenues from such park will be allocated, and to authorize a negotiated user fee in lieu of ad valorem taxation.  (Michelin) - (Action Requested:  Render first reading to Ordinance) – (Mr. Carter Smith, Spartanburg County Economic Development Corporation, and Mr. Frank Williams, Leatherwood Walker Todd & Mann, to present)

F.          Receive information and take desired action in reference to an Ordinance authorizing the assignment of an Inducement Agreement and the execution and delivery of a fee agreement between Spartanburg County, South Carolina and NURRC, LLC providing for a payment of a fee in lieu of taxes.  (Action Requested:  Render first reading to Ordinance) – (Mr. Carter Smith, Spartanburg County Economic Development Corporation, and Mr. Edward Kluiters, Haynsworth Sinkler Boyd, to present) 

G.         Receive information and take desired action in reference to an Ordinance to amend that certain agreement for the development of a joint County Industrial and Business Park between Spartanburg County and Union County dated August 21, 2006.  (NURRC) -  (Action Requested:  Render first reading to Ordinance) - (Mr. Carter Smith, Spartanburg County Economic Development Corporation, Mr. Edward Kluiters, Haynsworth Sinkler Boyd, and Mr. Gary Morris, Haynsworth Sinkler Boyd, to present)

H.         Receive information and take desired action in reference to an Ordinance authorizing the execution and delivery of an amended Fee Agreement by and between Spartanburg County and Project 701, its affiliates and assigns, to provide for an amendment to the existing fee in lieu of ad valorem taxes incentive, to include the grant of certain infrastructure credits as part of the fee-in-lieu of taxes arrangement, and other matters thereto related.  (Action Requested:  Render first reading to Ordinance) – (Mr. Carter Smith, Spartanburg County Economic Development Corporation, and Mr. Sam Moses, Parker, Poe, Adams & Bernstein, to present)

 

 

III.                  Other

 

 

IV.        Adjourn


 

AGENDA

PUBLIC HEALTH and HUMAN SERVICES COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, OCTOBER 15, 2007

 

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

 

 

 

I.          Call to Order -                        Hon. Johnnye Code-Stewart, Chairman

                                                            Hon. Rock Adams, Member

                                                            Hon. O’Neal Mintz, Member

 

 

II.                   Matters before Committee:

 

A.  Update on Victor Mill Status.  (Mr. Tom Gates to present)   

 

 

III.                  Other

 

 

IV.               Adjourn

 

 


 

AGENDA

PERSONNEL and FINANCE COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, OCTOBER 15, 2007

 

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

 

 

I.          Call to Order-             Hon. Dale Culbreth, Chairman

                                                            Hon. Johnnye Code-Stewart, Member

                                                            Hon. Tom Foster, Member

 

II.                   Matters before Committee:

 

A.     Update on Capital Program.  (Mr. Chris Bever to present)

B.     Receive information and take desired action in reference to a Resolution to authorize a project scope change, Courthouse Chiller Replacement Project (CB0004), part of the FY2007-08 adopted Capital Budget.  (Action Requested:  Adopt Resolution) - (Mr. Tom Gates to present)

C.    Update on County Bond Rating Status.  (Mr. Tom Gates to present)

D.    Receive information and take desired action in reference to a request from R. D. Anderson Vocational for a School Resource Officer.  (Action Requested:  Authorize the County Administrator to execute the agreement) - (Captain Mark Barry, Sheriff’s Office, to present)  

E.     Receive information and take desired action in reference to a Resolution calling for a public hearing to be held upon the question of the issuance of a not exceeding $2,000,000 General Obligation Bond of Boiling Springs Fire District and to provide for the publication of the notice of such hearing.  (Action Requested:  Adopt Resolution) – (Assistant Chief Scott Miller, Boiling Springs Fire Department, and Mr. Ben Zeigler, Haynsworth Sinkler Boyd, to present)

F.     Receive information and take desired action in reference to an Ordinance finding that Boiling Springs Fire District may issue a not exceeding $2,000,000 General Obligation Bond; to authorize the Fire Control Board of the Boiling Springs Fire District to issue such bond and to provide for the publication of notice of the said finding and authorization.  (Action Requested:  Render first reading to Ordinance) – (Assistant Chief Scott Miller, Boiling Springs Fire Department, and Mr. Ben Zeigler, Haynsworth Sinkler Boyd, to present)

G.    Receive updated financial data and personnel vacancy report.

 

III.                  Other

 

IV.               Adjourn


 

AGENDA

LIVABILITY COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, OCTOBER 15, 2007

 

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

 

 

 

I.          Call to Order-             Hon. Tom Foster, Chairman

                                                            Hon. David Britt, Member

                                                            Hon. Johnnye Code-Stewart, Member

 

 

II.                   Matters before Committee:

 

A.               Receive information in reference to the First Spartanburg County Citizens’ Academy.  (Ms. Kathy Rivers, Community and Economic Development Director, to present)        

 

 

III.         Other

 

 

IV.        Adjourn

 

 

 

 

 


 

AGENDA

PUBLIC SAFETY and JUDICIARY COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, OCTOBER 15, 2007

 

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

 

 

 

I.          Call to Order-             Hon. Rock Adams, Chairman

                                                            Hon. Johnnye Code-Stewart, Member

                                                            Hon. O’Neal Mintz, Member

 

 

II.          Matters before Committee:

 

A.     Receive information and take desired action in reference to authorizing Commission of Christopher Massey, the new Assistant Director of the ESA, as a County Enforcement Officer of Spartanburg County.  (Mr. Tom Gates to present) - (Action Requested:  Authorize Commission)

B.     Receive information regarding activities of Building Codes Department.

 

 

III.         Other

 

 

IV.        Adjourn

 

 

 


 

AGENDA

LAND USE COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, OCTOBER 15, 2007

 

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

 

 

 

I.          Call to Order-             Hon. Jeff Horton, Chairman

                                                            Hon. Tom Foster, Member

                                                            Hon. Rock Adams, Member

 

 

II.          Matters before Committee

 

A.     Receive information and take desired action in reference to an Ordinance amending the Spartanburg County Unified Land Management Ordinance, Ordinance No. O-99-015, as amended, to allow for mixed use projects and traditional neighborhood design based developments.  (Action Requested:  Render first reading to Ordinance) - (Mr. Chris Story and Ms. Joan Holliday, Planning Director, to present)

B.     Receive Planning Department Reports on Development Activity.

 

 

III.       Other

 

 

IV.               Adjourn


 

AGENDA

PUBLIC WORKS, BUILDINGS & GROUNDS COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, OCTOBER 15, 2007

 

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

 

 

 

I.          Call to Order-             Hon. O’Neal Mintz, Chairman

                                                            Hon. Rock Adams, Member

                                                            Hon. David Britt, Member

 

 

II.          Matters before Committee:

 

A.           Receive information regarding activities of Public Works Department.

 

 

III.         Other                                                              

 

 

V.                 Adjourn

 

 


 

SPARTANBURG COUNTY COUNCIL

 EXECUTIVE SESSION

MONDAY, OCTOBER 15, 2007

 

CONFERENCE ROOM TWO

COUNTY ADMINISTRATIVE OFFICE BUILDING

 

 

 

I.          Call to Order………………………………Honorable Jeff Horton, Chairman

 

 

II.                   Executive Session to seek legal advice and discuss contractual matter relating to an economic development project. 

 

 

III.         Adjourn

 

 

 

 

 

 

 


MAIN AGENDA

County Council Meeting

 

MONDAY, OCTOBER 15, 2007, 5:30 P.M.

COUNCIL CHAMBERS, ADMINISTRATION BUILDING, SPARTANBURG, SC

 

1.         Call to Order.................…................…............... Hon. Jeff Horton, Chairman

 

Invocation …………………………………………….  Rev. Jerry Armstrong,

     New Horizon Church of the Brethren               

                                    Pledge of Allegiance

 

2.         Presentations:

 

A.     Resolution recognizing and commending Charles Means and Scott Sapounas for their good deed of returning money to the rightful owner.    

B.     Resolution designating the month of November 2007 as Pulmonary Hypertension Awareness Month.  (Ms. Brandy Lindsey, Co-Chair of Pulmonary Hypertension Walk, to receive) 

 

3.                  Conduct Public Hearings Pertaining to the Following:

 

A.          To consider an Ordinance authorizing the execution and delivery of a fee in lieu of tax agreement by and among Spartanburg County, South Carolina and Adidas Sales, Inc., OBP Spartanburg, LLC and their assignees and one or more sponsors; and other matters relating thereto including, without limitation, payment of a fee in lieu of taxes. 

B.          To consider and Ordinance authorizing the execution and delivery of an agreement between Spartanburg County, South Carolina and Adidas Sales, Inc., OBP Spartanburg, LLC, their assignees and one or more sponsors granting certain Special Source Credits.    

C.          To consider an Ordinance authorizing the amendment of the fee in lieu of tax agreement between Spartanburg County, South Carolina (The “County”) and Echostar DBS Corporation (The “Company”) to confirm the inclusion of the Landlord’s Capital Investment within the project, to correct the commencement date of the annual FILOT payments and to make certain other technical corrections; and other matters relating to the foregoing.

D.          To consider the proposed enactment of an ordinance authorizing the execution and delivery of a fee in lieu of tax agreement by and between Spartanburg County, South Carolina and Richard Fritz, Inc. with respect to certain economic development property, whereby such property will be subject to certain payments in lieu of taxes; and other matters related thereto.

E.          To consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Greer Dragway for November 17, 2007, from 9:00 a.m. until 11:30 p.m. for a Drag Race at 1792 Dragway Road, Greer.

 

 

  4.       Appearing Before Council:

 

No appearances scheduled.   

 

 

5.     Committee Reports:

       (Committee Meetings to be held at 2:30 p.m.)

 

 

ECONOMIC RECRUITMENT and DEVELOPMENT COMMITTEE

Hon. David Britt, Chairman

 

A.     Receive information and take desired in reference to an Ordinance authorizing the execution and delivery of a fee in lieu of tax agreement by and among Spartanburg County, South Carolina and Adidas Sales, Inc., OBP Spartanburg, LLC and their assignees and one or more sponsors; and other matters relating thereto including, without limitation, payment of a fee in lieu of taxes.  (Action Requested:  Render third reading to Ordinance)

B.     Receive information and take desired action in reference to an Ordinance authorizing the execution and delivery of an agreement between Spartanburg County, South Carolina and Adidas Sales, Inc., OBP Spartanburg, LLC, their assignees and one or more sponsors granting certain Special Source Credits.  (Action Requested:  Render third reading to Ordinance)

C.     Receive information and take desired action in reference to a Resolution authorizing the County’s execution and delivery of an amendment to an existing lease agreement dated as of December 1, 1988 between Spartanburg County, South Carolina and Michelin North America, Inc.  (Action Requested:  Adopt Resolution)

D.     Receive information and take desired action in reference to an Ordinance authorizing the execution and delivery of an amendment to an existing fee in lieu of tax agreement by and between Spartanburg County, South Carolina and Michelin North America, Inc. dated as of December 20, 2004; and other matters relating thereto.  (Action Requested:  Render first reading to Ordinance)

E.     Receive information and take desired action in reference to an Ordinance to develop a jointly owned and operated Business Park in conjunction with Union County and to authorize a written agreement with Union County to provide for the manner by which expenses and revenues from such park will be allocated, and to authorize a negotiated user fee in lieu of ad valorem taxation.  (Michelin) -  (Action Requested:  Render first reading to Ordinance)

F.     Receive information and take desired action in reference to an Ordinance authorizing the assignment of an Inducement Agreement and the execution and delivery of a fee agreement between Spartanburg County, South Carolina and NURRC, LLC providing for a payment of a fee in lieu of taxes.  (Action Requested:  Render first reading to Ordinance)

G.    Receive information and take desired action in reference to an Ordinance to amend that certain agreement for the development of a joint County Industrial and Business Park between Spartanburg County and Union County dated August 21, 2006.  (NURRC, LLC) -  (Action Requested:  Render first reading to Ordinance)

H.     Receive information and take desired action in reference to an Ordinance authorizing the execution and delivery of an amended Fee Agreement by and between Spartanburg County and Project 701, its affiliates and assigns, to provide for an amendment to the existing fee in lieu of ad valorem taxes incentive, to include the grant of certain infrastructure credits as part of the fee-in-lieu of taxes arrangement, and other matters thereto related.  (Action Requested:  Render first reading to Ordinance)

 

 

 PUBLIC HEALTH AND HUMAN SERVICES COMMITTEE

Hon. Johnnye Code Stewart, Chairman

 

A.  Update on Victor Mill Status.   

 

 

PERSONNEL and FINANCE COMMITTEE - Hon. Dale Culbreth, Chairman

 

A.     Update on Capital Program. 

B.     Receive information and take desired action in reference to a Resolution to authorize a project scope change, Courthouse Chiller Replacement Project (CB0004), part of the FY 2007-08 adopted Capital Budget.  (Action Requested:  Adopt Resolution)   

C.    Update on County Bond Rating Status.

D.    Receive information and take desired action in reference to a request from R. D. Anderson Vocational for a School Resource Officer.  (Action Requested:  Authorize the County Administrator to execute the agreement)

E.     Receive information and take desired action in reference to a Resolution calling for a public hearing to be held upon the question of the issuance of a not exceeding $2,000,000 General Obligation Bond of Boiling Springs Fire District and to provide for the publication of the notice of such hearing.  (Action Requested:  Adopt Resolution)  

F.     Receive information and take desired action in reference to an Ordinance finding that Boiling Springs Fire District may issue a not exceeding $2,000,000 General Obligation Bond; to authorize the Fire Control Board of the Boiling Springs Fire District to issue such bond and to provide for the publication of notice of the said finding and authorization.  (Action Requested:  Render first reading to Ordinance)

G.    Receive updated financial data and personnel vacancy report.

 

 

LIVABILITY COMMITTEE - Hon. Tom Foster, Chairman

 

A.               Receive information in reference to the First Spartanburg County Citizens’ Academy. 

 

 

PUBLIC SAFETY AND JUDICIARY COMMITTEE

Hon. Rock Adams, Chairman

 

A.     Receive information and take desired action in reference to authorizing Commission of Christopher Massey, the new Assistant Director of the ESA, as a County Enforcement Officer of Spartanburg County.  (Action Requested:  Authorize Commission)

B.     Receive information regarding activities of Building Codes Department.

 

 

LAND USE COMMITTEE - Hon. Jeff Horton, Chairman

 

A.     Receive information and take desired action in reference to an Ordinance amending the Spartanburg County Unified Land Management Ordinance, Ordinance No. O-99-015, as amended, to allow for mixed use projects and traditional neighborhood design based developments.  (Action Requested:  Render first reading to Ordinance)

B.     Receive Planning Department Reports on Development Activity.

 

 

PUBLIC WORKS, BUILDINGS and GROUNDS COMMITTEE

Hon. O’Neal Mintz, Chairman

 

A.     Receive information regarding activities of Public Works Department.

 

 

6.                  Old Business:

 

A.     Render third reading to an Ordinance to establish and collect a local Hospitality Tax in Spartanburg County, South Carolina. 

B.     Render third reading to an Ordinance authorizing a fee-in-lieu of tax arrangement on behalf of Mack Molding Company, Inc. (The “Corporation”) pursuant to a fee agreement between Spartanburg County, South Carolina (The “County”) and the Corporation; and other matters relating to the foregoing. 

C.    Render third reading to an Ordinance to provide for the issuance and sale of not exceeding four million dollars ($4,000,000) General Obligation Bonds, Series 2007, of Spartanburg County, South Carolina; to prescribe the purposes for which the proceeds shall be expended; to provide for the payment thereof; and other matters relating thereto.  (USC Upstate)

D.    Render second reading to an Ordinance authorizing the amendment of the fee in lieu of tax agreement between Spartanburg County, South Carolina (The “County”) and Echostar DBS Corporation (The “Company”) to confirm the inclusion of the Landlord’s Capital Investment within the project, to correct the commencement date of the annual FILOT payments and to make certain other technical corrections; and other matters relating to the foregoing.

E.     Render second reading to an Ordinance authorizing the execution and delivery of a fee in lieu of tax agreement by and between Spartanburg County, South Carolina and Richard Fritz, Inc. with respect to certain economic development property, whereby such property will be subject to certain payments in lieu of taxes; and other matters related thereto.

 

 

7.                  New Business

 

A.     Consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Greer Dragway for November 17, 2007, from 9:00 a.m. until 11:30 p.m. for a Drag Race at 1792 Dragway Road, Greer.

 

 

8.         Reading and approval of resolutions, ordinances, agreements, petitions, and other documents for the financing of certain industrial facilities through the issuance of Spartanburg County, industrial development or similar bonds or notes, or Fee-In-Lieu of Tax (FILOT) agreements.

 

 

9.                  Miscellaneous Council/Administrative Matters

 

 

10.             Approval of Minutes:             September 17, 2007 (Regular Meeting)

 

 

11.             Adjourn