FINAL AGENDA

 

 

 

SPARTANBURG COUNTY COUNCIL

 GENERAL SESSION

MONDAY, OCTOBER 20, 2008

3:30 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.     Alcohol and Drug Abuse Commission

B.     Board of Assessment Appeals

C.    Building Code Board of Appeals and Adjustments

D.    Community Development Citizens Advisory Committee

E.     EMS Advisory Committee

 

 

III.                  Adjourn


 

AGENDA

ECONOMIC RECRUITMENT AND DEVELOPMENT COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, OCTOBER 20, 2008

 

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 action in reference to an Ordinance authorizing the execution and delivery of a fee agreement by and between Spartanburg County, South Carolina and MK Metalfoils USA, Inc. (Project Nelson) providing for a payment of a fee in lieu of taxes.  (Mr. Carter Smith, Economic Futures Group, and Mr. Edward Kluiters, Haynsworth Sinkler Boyd, to present) – (Action Requested:  Render first reading to Ordinance)

B.       Receive information and take desired action in reference to a Resolution authorizing the execution and delivery of an Inducement Agreement by and between Spartanburg County, South Carolina, and AFL Telecommunications, LLC, whereby, under certain conditions, Spartanburg County will execute a fee in lieu of tax agreement with AFL Telecommunications, LLC with respect to an industrial project in the county, whereby the project would be subject to certain fees in lieu of taxes; and providing for related matters.  (Mr. Carter Smith, Economic Futures Group, and Mr. Seph Wunder, Haynsworth Sinkler Boyd, P.A., to present) – (Action Requested:  Adopt Resolution)

C.       Receive information and take desired action in reference to an Ordinance authorizing the execution and delivery of a fee in lieu of tax agreement by and between Spartanburg County, South Carolina and AFL Telecommunications, LLC 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.  (Mr. Carter Smith, Economic Futures Group, and Mr. Seph Wunder, Haynsworth Sinkler Boyd, P.A., to present) – (Action Requested:  Render first reading to Ordinance)

D.       Receive information and take desired action in reference to an Ordinance to amend Ordinance No. O-99-014, as previously amended by Ordinances No. O-00-016, O-01-18, No. O-03-03 and No. O-03-13 relating to the joint County Industrial and Business Park (Park No. 2) of Cherokee and Spartanburg Counties so as to enlarge the park.  (AFL Telecommunications, LLC) - (Mr. Carter Smith, Economic Futures Group, and Mr. Seph Wunder, Haynsworth Sinkler Boyd, P.A., to present) – (Action Requested:  Render first reading to Ordinance)

 

 

III.                  Other

 

 

IV.        Adjourn


 

AGENDA

PUBLIC HEALTH and HUMAN SERVICES COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, OCTOBER 20, 2008

 

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

 

 

 

I.          Call to Order -                        Hon. Michael Brown, Chairman

                                                            Hon. Rock Adams, Member

                                                            Hon. O’Neal Mintz, Member

 

 

II.                   Matters before Committee:

 

A.           Update on the Spartanburg Veterans’ Clinic.  (Mr. Gerald Kiehl, Veterans’ Affairs Officer, to present) 

 

 

III.                  Other

 

 

IV.               Adjourn

 

 


 

AGENDA

PERSONNEL and FINANCE COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, OCTOBER 20, 2008

 

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

 

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

                                                            Hon. Michael Brown, Member

                                                            Hon. Tom Foster, Member

II.                   Matters before Committee:

 

A.     Receive information and take desired action in reference to an Ordinance to amend the FY 2008-09 Stormwater Fund (Fund 3) Operating Budget in the amount of $600,000 to appropriate Stormwater proceeds collected by the County on behalf of the City of Spartanburg and the City of Greer.  (Mr. Chris Story to present) – (Action Requested:  Render first reading to Ordinance)

B.     Receive information regarding Fiscal Year 2008 Financial Update.  (Mr. Tom Gates to present.

C.    Receive information and take desired action in reference to an Ordinance to provide for the issuance and sale of not exceeding four million one hundred thousand dollars ($4,100,000) General Obligation Bonds, Series 2008, of Spartanburg County, South Carolina; for the issuance of notes in anticipation of such bonds; to prescribe the purposes for which the proceeds shall be expended; to provide for the payment thereof; and other matters relating thereto.  (Mr. Tom Gates to present)   (Action Requested:  Render second reading to Ordinance) 

D.    Receive updated financial data and personnel vacancy report.

 

 

III.                  Other

 

 

IV.               Adjourn


 

AGENDA

LIVABILITY COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, OCTOBER 20, 2008

 

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

 

 

 

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

                                                            Hon. David Britt, Member

                                                            Hon. Michael Brown, Member

 

 

II.                   Matters before Committee:

 

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

 

 

III.         Other

 

 

IV.        Adjourn

 

 

 

 

 


 

AGENDA

PUBLIC SAFETY and JUDICIARY COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, OCTOBER 20, 2008

 

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

 

 

 

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

                                                            Hon. Michael Brown, Member

                                                            Hon. O’Neal Mintz, Member

 

 

II.          Matters before Committee:

 

A.     Presentation of Assistant Fire Inspector Program and Update on Fire Inspection Services.  (Mr. Mike Padgett, Building Codes Director, and Chief Lee Jeffcoat, Holly Springs Volunteer Fire Department, to present)

B.     Receive information and take desired action in reference to authorizing Commission of David Jett as an Environmental Enforcement Litter Officer of Spartanburg County.  (Action Requested:  Authorize Commission)

C.    Receive information and take desired action in reference to authorizing Commission of Julie Thomas, Mobile Home Division Supervisor, and Evelyn Eller, Mobile Home Agent, as County Code Enforcement Officers in an effort to enforce Mobile Home Ordinance Sec 54-77.  Action Requested:  Authorize Commission)

D.    Receive information regarding activities of Building Codes Department.

 

III.         Other

 

 

IV.        Adjourn

 

 

 


 

AGENDA

LAND USE COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, OCTOBER 20, 2008

 

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 proposed amendment to the Unified Land Management Ordinance regarding temporary real estate signage.  (Mr. Chris Story 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 20, 2008

 

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 and take desired action in reference to condemnation of right of way for road improvements at Cherry Hill Road and US 29.  (Mr. Mike Garrett to present) - (Action Requested:  Authorization to proceed with the acquisition of the property under authority of the South Carolina Eminent Domain Procedure Act).

B.           Receive information regarding activities of Public Works Department.

 

 

III.         Other                                                              

 

 

V.                 Adjourn


MAIN AGENDA

County Council Meeting

 

MONDAY, OCTOBER 20, 2008, 5:30 P.M.

COUNCIL CHAMBERS, ADMINISTRATION BUILDING, SPARTANBURG, SC

 

 

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

 

Invocation ………………………………………………..   Rev. Danny Garrett

                                                                                Cudd Memorial Baptist Church

                                                                          

                                                                      

                                    Pledge of Allegiance …………………………………….  Cub Scout Pack 79                  

 

 

2.         Presentations:

 

A.         Resolution designating the month of November 2008 as Pulmonary Hypertension Awareness Month.  (Ms. Penney Cline to receive)

 

 

3.                  Conduct Public Hearings Pertaining to the Following:

 

A.          To consider an Ordinance to provide for the issuance and sale of not exceeding four million one hundred thousand dollars ($4,100,000) General Obligation Bonds, Series 2008, 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.   

B.          To consider an Ordinance authorizing (1) the execution and delivery of a fee in lieu of tax and incentive agreement (the “Incentive Agreement”) between Spartanburg County, South Carolina (“the County”) and Staubli Corporation (Project PV), acting for itself or an affiliate or other project sponsor, (the “Company”), whereby, under certain conditions, the County shall grant incentives to the company in connection with the expansion of certain manufacturing facilities in the County (the “Project”); (2) the County to covenant in such Incentive Agreement to accept certain negotiated fees in lieu of ad valorem taxes with respect to the project; (3) the benefits of a multi-county park to be made available to the company; and (4) other matters relating thereto. 

C.          To consider an Ordinance to develop, pursuant to Sec. 4-1-170 of the South Carolina Code of Laws, 1976, as amended, a jointly owned and operated Industrial/Business Park, to be known as the Congaree Bio Energy Multi-County Park, in conjunction with Union County, South Carolina, such Industrial/Business Park to be geographically located in Union County, South Carolina; to provide for a written agreement with Union County as to the sharing of the revenues and expenses of the park; to provide for the distribution of revenues from the park among the taxing entities having jurisdiction over the park; to provide for a user fee in lieu of ad valorem taxation; and other matters related thereto. 

D.          To consider an Application for special Public Event Exclusion from the Noise Ordinance requested by First Baptist North Spartanburg from 5:00 p.m. until 10:00 p.m. on Thursday, October 23, 2008, for a Fall Festival Carnival at 8740 Asheville Highway, Spartanburg.

E.          To consider an Application for special Public Event Exclusion from the Noise Ordinance requested by John M. Brown from dusk until midnight from October 22, 2008, until November 1, 2008, for a Haunted Trail at 3411 Reidville Road, Spartanburg. 

 

 

4.         Appearing Before Council:

 

A.        Dr. Linda B. Greer and Mr. Jack Broughton of the Raintree Neighborhood Association to discuss neighborhood issues and concerns regarding nearby development. 

 

 

5.     Committee Reports:

       (Committee Meetings to be held at 3:30 p.m.)

 

 

ECONOMIC RECRUITMENT and DEVELOPMENT COMMITTEE

Hon. David Britt, Chairman

 

A.     Receive information and take desired action in reference to an Ordinance authorizing the execution and delivery of a fee agreement by and between Spartanburg County, South Carolina and MK Metalfoils USA, Inc. (Project Nelson) providing for a payment of a fee in lieu of taxes.  (Action Requested:  Render first reading to Ordinance)

B.     Receive information and take desired action in reference to a Resolution authorizing the execution and delivery of an Inducement Agreement by and between Spartanburg County, South Carolina, and AFL Telecommunications, LLC, whereby, under certain conditions, Spartanburg County will execute a fee in lieu of tax agreement with AFL Telecommunications, LLC with respect to an industrial project in the county, whereby the project would be subject to certain fees in lieu of taxes; and providing for related matters.  (Action Requested:  Adopt Resolution)

C.    Receive information and take desired action in reference to an Ordinance authorizing the execution and delivery of a fee in lieu of tax agreement by and between Spartanburg County, South Carolina and AFL Telecommunications, LLC 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.  (Action Requested:  Render first reading to Ordinance)

D.    Receive information and take desired action in reference to an Ordinance to amend Ordinance No. O-99-014, as previously amended by Ordinances No. O-00-016, O-01-18, No. O-03-03 and No. O-03-13 relating to the joint County Industrial and Business Park (Park No. 2) of Cherokee and Spartanburg Counties so as to enlarge the park.  (AFL Telecommunications, LLC) - (Action Requested:  Render first reading to Ordinance)

 

 

PUBLIC HEALTH AND HUMAN SERVICES COMMITTEE

Hon. Michael Brown, Chairman

 

A.  Update on the Spartanburg Veterans’ Clinic. 

 

 

PERSONNEL and FINANCE COMMITTEE - Hon. Dale Culbreth, Chairman

 

A.     Receive information and take desired action in reference to an Ordinance to amend the FY 2008-09 Stormwater Fund (Fund 3) Operating Budget in the amount of $600,000 to appropriate Stormwater proceeds collected by the County on behalf of the City of Spartanburg and the City of Greer.  (Action Requested:  Render first reading to Ordinance)

B.     Receive information regarding Fiscal Year 2008 Financial Update.

C.    Receive information and take desired action in reference to an Ordinance to provide for the issuance and sale of not exceeding four million one hundred thousand dollars ($4,100,000) General Obligation Bonds, Series 2008, of Spartanburg County, South Carolina; for the issuance of notes in anticipation of such bonds; to prescribe the purposes for which the proceeds shall be expended; to provide for the payment thereof; and other matters relating thereto.  (Action Requested:  Render second reading to Ordinance) 

D.    Receive updated financial data and personnel vacancy report.

 

 

LIVABILITY COMMITTEE - Hon. Tom Foster, Chairman

 

            A.  Update on status of Victor Mill. 

 

 

PUBLIC SAFETY AND JUDICIARY COMMITTEE

Hon. Rock Adams, Chairman

 

A.     Presentation of Assistant Fire Inspector Program and Update on Fire Inspection Services. 

B.     Receive information and take desired action in reference to authorizing Commission of David Jett as an Environmental Enforcement Litter Officer of Spartanburg County.  (Action Requested:  Authorize Commission)

C.    Receive information and take desired action in reference to authorizing Commission of Julie Thomas, Mobile Home Division Supervisor, and Evelyn Eller, Mobile Home Agent, as County Code Enforcement Officers in an effort to enforce Mobile Home Ordinance Sec 54-77.  Action Requested:  Authorize Commission)

D.    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 proposed amendment to the Unified Land Management Ordinance regarding temporary real estate signage. 

B.     Receive Planning Department Reports on Development Activity.

 

 

PUBLIC WORKS, BUILDINGS and GROUNDS COMMITTEE

Hon. O’Neal Mintz, Chairman

 

A.     Receive information and take desired action in reference to condemnation of right of way for road improvements at Cherry Hill Road and US 29.  (Action Requested:  Authorization to proceed with the acquisition of the property under authority of the South Carolina Eminent Domain Procedure Act).

B.     Receive information regarding activities of Public Works Department.

 

 

6.                  Old Business:

 

A.     Render third reading to an Ordinance authorizing a fee-in-lieu-of-tax arrangement on behalf of Master Precision Global, LLC (The “Company”) pursuant to a fee-in-lieu-of-tax agreement between Spartanburg County, South Carolina (The “County”) and the company; authorizing a 5-year extension of the investment period for all investments over the initial $6,000,000 investment; and other matters relating to the foregoing. 

B.     Render third reading to an Ordinance authorizing the execution and delivery of a fee in lieu of tax agreement and an infrastructure finance agreement by and among Spartanburg County, South Carolina, Lear Operations Corporation and ACPS, LLC with respect to certain economic development property in the County, whereby such property will be subject to certain payments in lieu of taxes, and ACPS, LLC will receive certain infrastructure credits in respect of its investment in related infrastructure; and other matters related thereto. 

C.    Render third 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 Epsilon Plastics, 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.

D.     Render third reading to an Ordinance to amend Ordinance No. 543, as previously amended by Ordinance Nos. O-05-10, O05-20 and O-08-14, relating to the joint county industrial park (Hillside Industrial Park) of Spartanburg and Union Counties so as to enlarge the park.  (Lear Operations Corporation and ACPS, LLC, and Epsilon Plastics, Inc.)

E.     Render third reading to an Ordinance amending the Spartanburg County Code so as to redefine Wrecker Service Zones, to provide for Wrecker Service Operators to respond to calls within one hour, and to allow the County Administrator to provide for his designee to remove Wrecker Service Operators from the approved list of the County Sheriff’s Office. 

F.     Render third reading to an Ordinance authorizing the execution and delivery of a fee agreement by and between Spartanburg County, South Carolina, and Johnson Development Associates, Inc., its affiliates and assigns, to provide for a fee in lieu of taxes incentive, including the grant of an infrastructure credit; to provide for the inclusion of the project in a multi-county business or industrial park; and other matters thereto related.

G.    Render second reading to an Ordinance authorizing (1) the execution and delivery of a fee in lieu of tax and incentive agreement (the “Incentive Agreement”) between Spartanburg County, South Carolina (“the County”) and Staubli Corporation (Project PV), acting for itself or an affiliate or other project sponsor, (the “Company”), whereby, under certain conditions, the County shall grant incentives to the company in connection with the expansion of certain manufacturing facilities in the County (the “Project”); (2) the County to covenant in such Incentive Agreement to accept certain negotiated fees in lieu of ad valorem taxes with respect to the project; (3) the benefits of a multi-county park to be made available to the company; and (4) other matters relating thereto.

H.     Render second reading to an Ordinance to develop, pursuant to Sec. 4-1-170 of the South Carolina Code of Laws, 1976, as amended, a jointly owned and operated Industrial/Business Park, to be known as the Congaree Bio Energy Multi-County Park, in conjunction with Union County, South Carolina, such Industrial/Business Park to be geographically located in Union County, South Carolina; to provide for a written agreement with Union County as to the sharing of the revenues and expenses of the park; to provide for the distribution of revenues from the park among the taxing entities having jurisdiction over the park; to provide for a user fee in lieu of ad valorem taxation; and other matters related thereto. 

 

 

7.                  New Business

 

A.     Consider an Application for special Public Event Exclusion from the Noise Ordinance requested by First Baptist North Spartanburg from 5:00 p.m. until 10:00 p.m. on Thursday, October 23, 2008, for a Fall Festival Carnival at 8740 Asheville Highway, Spartanburg.

B.     Consider an Application for special Public Event Exclusion from the Noise Ordinance requested by John M. Brown from dusk until midnight from October 22, 2008, until November 1, 2008, for a Haunted Trail at 3411 Reidville Road, Spartanburg. 

 

 

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 15, 2008

 

 

11.             Adjourn