FINAL AGENDA

SPARTANBURG COUNTY COUNCIL

GENERAL SESSION

MONDAY, MAY 18, 2009

3:00 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. Board of Assessment Appeals

B. Building Code Board of Appeals and Adjustments

C. Community Development Citizens Advisory Committee

D. Domestic Violence Board

E. Enoree Fire District Board

F. Twin Lakes Special Tax District

III. Receive information in reference to the 2010 Census “Complete Count.” (Mr. William Whitney, Partnership Specialist, U.S. Census Bureau, to present)

IV. Receive information on Notice of Application by Bellsouth Communications, Inc. for certificate of franchise authority to provide cable or video service within the unincorporated area of Spartanburg County and to authorize response to such request by Spartanburg County. (Ms. Henri Etta Baskins, AT&T, to present)

V. Receive information and take desired action in reference to Upstate Family Resource Center and Middle Tyger Community Center. (Ms. Kelley Ezell, Upstate Family Resource Center, and Ms. Wanda Fowler, Middle Tyger Community Center, to present)

VI. Adjourn

AGENDA

ECONOMIC RECRUITMENT AND DEVELOPMENT COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, MAY 18, 2009

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

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

Hon. Jeff Horton, Member

Hon. Michael Brown, Member

II. Matters before Committee:

A. Receive information and take desired action in reference to an Inducement Resolution identifying a project to satisfy the requirements of Title 12, Chapter 44 of the Code of Laws of South Carolina, as amended, so as to allow investment expenditures incurred by Iljin America Corp. to qualify as expenditures eligible for a fee in lieu of tax arrangement and special source revenue credit arrangement with Spartanburg County, South Carolina; and committing to enter into such necessary agreements with Iljin America Corp. to effectuate the intent of this resolution; and other matters related thereto. (Mr. Carter Smith, Economic Futures Group, to present) – (Action Requested: Adopt Resolution)

B. Receive information and take desired action in reference to an Ordinance authorizing certain economic development incentives including payment of a fee in lieu of property taxes and other related matters pursuant to a fee agreement between Spartanburg County, South Carolina, and DAA Draexlmaier Automotive of America LLC. (Mr. Carter Smith, Economic Futures Group, to present) – (Action Requested: Render first reading to Ordinance)

III. Other

IV. Adjourn

AGENDA

PUBLIC HEALTH and HUMAN SERVICES COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, MAY 18, 2009

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

I. Call to Order - Hon. Jane Hall, Chairman

Hon. Tom Foster, Member

Hon. O’Neal Mintz, Member

II. Matters before Committee:

No items scheduled.

III. Other

IV. Adjourn

AGENDA

PERSONNEL and FINANCE COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, MAY 18, 2009

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

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

Hon. Jeff Horton, Member

Hon. Jane Hall, Member

II. Matters before Committee:

A. Receive information and take desired action in reference to the Accommodations Tax Advisory Committee Recommendations for Fiscal Year 2010. (Mr. Cole Alverson, Program Evaluation Manager, to present)

B. Receive information and take desired action in reference to an Ordinance amending Ordinance No. O-07-22 entitled “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.” (Mr. Robert Galloway, III, Haynsworth Sinkler Boyd, to present) – (Action Requested: Render first reading to Ordinance)

C. Update on improvements to Delinquent Tax Office processes and customer service. (Mr. Chris Story and Mr. Steve Ford, Acting County Tax Collector, to present)

D. Receive updated financial data and personnel vacancy report.

III. Other

IV. Adjourn

AGENDA

LIVABILITY COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, MAY 18, 2009

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. Receive information and take desired action in reference to a Resolution authorizing application for USDA Rural Business Enterprise Grant Funding to support efforts to develop a countywide tourism plan. (Mr. Chris Story to present) – (Action Requested: Adopt Resolution)

III. Other

IV. Adjourn

AGENDA

PUBLIC SAFETY and JUDICIARY COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, MAY 18, 2009

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

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

Hon. Jane Hall, Member

Hon. Dale Culbreth, Member

II. Matters before Committee:

A. Receive information and take desired action in reference to an Ordinance amending the Spartanburg County Code relating to Alarm Systems, Sections 28-51 through 28-55, in order to make provisions for false alarms, service charges for false alarms, notification of alarm system installation and alarm system standards. (Action Requested: Render first reading to Ordinance)

B. Receive information and take desired action in reference to authorizing the Commission of Scott C. Gambrell, new Animal Control Officer, as a Spartanburg County Law Enforcement Officer. (Action Requested: Authorize Commission)

C. Receive information and take desired action in reference to authorizing the Commission of Allison R. Ezell, Development Coordinator, Planning and Development Department, as a Spartanburg County Code Enforcement Officer. (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, MAY 18, 2009

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

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

Hon. Tom Foster, Member

Hon. O’Neal Mintz, Member

II. Matters before Committee

No items scheduled.

III. Other

IV. Adjourn

AGENDA

PUBLIC WORKS, BUILDINGS & GROUNDS COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, MAY 18, 2009

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

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

Hon. Dale Culbreth, 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

MONDAY, MAY 18, 2009

5:00 P.M.

CONFERENCE ROOM TWO

COUNTY ADMINISTRATIVE OFFICE BUILDING

Reception with Graduates of the Spartanburg County Citizens’ Academy and the Project Civics Class at Spartanburg County Alternative School.

MAIN AGENDA

County Council Meeting

MONDAY, MAY 18, 2009, 5:30 P.M.

COUNCIL CHAMBERS, ADMINISTRATION BUILDING, SPARTANBURG, SC

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

Invocation ………………………………………… Chaplain Jerry Clevenger

Pledge of Allegiance

2. Presentations:

A. Resolution proclaiming the month of May 2009 as Mental Health Month in Spartanburg County. (Ms. Jane Clemmer, New Day Clubhouse, and Ms. Dee Richardson, Partnership Chair, to receive.

B. Recognition of Ms. Janet Lowe, Ms. Linda Pruitt, and the March of Dimes Leadership Team.

C. Recognition of Graduates of the Project Civics Class at Spartanburg County Alternative School.

D. Recognition of Graduates of the Spartanburg County Citizens’ Academy.

3. Conduct Public Hearings Pertaining to the Following:

A. To consider an Ordinance to amending Section 30.27 of the Code of the County of Spartanburg, South Carolina to change the time during which certain motorized racing of vehicles is exempt from the provisions of Spartanburg County Noise Restrictions from 10:00 p.m. to 11:00 p.m. and to amend Section 30-33 of the Code of the County of Spartanburg, South Carolina to change the time for publishing the first notice of the public hearing for the special event exclusions from 21 days to 15 days.

B. To consider a Budget Ordinance relating to the fiscal Affairs of Spartanburg County making appropriations therefore, levying taxes for the fiscal year beginning July 1, 2009 and ending June 30, 2010; to provide for budget control of said appropriation by the Spartanburg County Council.

C. To consider a Budget Ordinance to establish Capital Project Budgets for the 2009-2010 Budget Year of the Five-Year Capital Improvement Plan.

D. To consider an Ordinance providing for the issuance and sale of revenue bonds (Solid Waste Landfill Projects) of Spartanburg County, South Carolina, and other matters relating thereto.

E. To consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Mr. Jeff M. Brown, T-Bro Entertainment from 12:00 noon on June 19, 2009 until 1:00 a.m. on June 20, 2009, and 12:00 noon on June 20, 2009 until 1:00 a.m. on June 21, 2009, for a Music Concert at 190 Childress Road.

4. Appearing Before Council:

No appearances scheduled.

5. Committee Reports:

(Committee Meetings to be held at 3:00 p.m.)

ECONOMIC RECRUITMENT and DEVELOPMENT COMMITTEE –

Hon. David Britt, Chairman

B. Receive information and take desired action in reference to an Ordinance authorizing certain economic development incentives including payment of a fee in lieu of property taxes and other related matters pursuant to a fee agreement between Spartanburg County, South Carolina, and DAA Draexlmaier Automotive of America LLC. (Action Requested: Render first reading to Ordinance)

PUBLIC HEALTH AND HUMAN SERVICES COMMITTEE –

Hon. Jane Hall, Chairman

No items scheduled.

PERSONNEL and FINANCE COMMITTEE - Hon. Dale Culbreth, Chairman

A. Receive information and take desired action in reference to the Accommodations Tax Advisory Committee Recommendations for Fiscal Year 2010.

B. Receive information and take desired action in reference to an Ordinance amending Ordinance No. O-07-22 entitled “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.” (Action Requested: Render first reading to Ordinance)

C. Update on improvements to Delinquent Tax Office processes and customer service.

D. Receive updated financial data and personnel vacancy report.

LIVABILITY COMMITTEE - Hon. Tom Foster, Chairman

PUBLIC SAFETY AND JUDICIARY COMMITTEE –

Hon. Michael Brown, Chairman

D. Receive information regarding activities of Building Codes Department.

LAND USE COMMITTEE - Hon. Jeff Horton, Chairman

No items scheduled.

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 provide for the Order of Distribution of fee in lieu of tax revenues generated from Spartanburg County parcels located in certain joint county industrial and business parks, and other matters related thereto in support of the Economic Futures Group and authorizing the revisions to the Ordinance regarding the distribution of revenues according to student population.

B. Render third reading to an Ordinance to provide for certain amendments to industrial and business park agreements between Spartanburg County and Union County in connection with the distribution of fee in lieu of tax revenues within Spartanburg County, and other matters related thereto.

C. Render third reading to an Ordinance authorizing the execution and delivery of a fee agreement by and between Spartanburg County, South Carolina and Wal-Mart Stores East, LP, whereby, under certain conditions, Spartanburg County will execute a fee in lieu of tax agreement for a project involving not less than thirteen million five hundred thousand dollars ($13,500,000) investment and a special source revenue credit.

D. Render third reading to an Ordinance amending Section 30.27 of the Code of the County of Spartanburg, South Carolina to change the time during which certain motorized racing of vehicles is exempt from the provisions of Spartanburg County Noise Restrictions from 10:00 p.m. to 11:00 p.m. and to amend Section 30-33 of the Code of the County of Spartanburg, South Carolina to change the time for publishing the first notice of the public hearing for the special event exclusions from 21 days to 15 days.

E. Render second reading to a Budget Ordinance relating to the fiscal Affairs of Spartanburg County making appropriations therefore, levying taxes for the fiscal year beginning July 1, 2009 and ending June 30, 2010; to provide for budget control of said appropriation by the Spartanburg County Council.

F. Render second reading to a Budget Ordinance to establish Capital Project Budgets for the 2009-2010 Budget Year of the Five-Year Capital Improvement Plan.

G. Render second reading to an Ordinance authorizing the execution and delivery of a fee in lieu of tax agreement between Spartanburg County, South Carolina, and United Tool and Mold, Inc.; and other matters relating thereto including, without limitation, payment of a fee in lieu of taxes.

H. Render second reading to an Ordinance to develop a new jointly owned and operated Industrial/Business Park in conjunction with Union County, such new Industrial/Business Park to be geographically located in Spartanburg County and the City of Spartanburg and established pursuant to South Carolina Code of Laws of 1976 §4-1-170, et sequitur, as amended; to provide for a new written agreement with Union County providing for the expenses of the new park, the percentage of revenue application, and the distribution of fees in lieu of ad valorem taxes to the counties and relevant taxing entities; to provide that jobs tax credits allowed by law be provided for businesses locating in said new park; to permit a user fee in lieu of ad valorem taxation within said new park; and to provide for a new intergovernmental agreement with the City of Spartanburg. (Business Corridor)

I. Render second reading to an Ordinance providing for the issuance and sale of revenue bonds (Solid Waste Landfill Projects) of Spartanburg County, South Carolina, and other matters relating thereto.

J. Render second reading to an Ordinance providing for the issuance and sale of a not exceeding $17,000,000 Revenue Bonds (Solid Waste Landfill Projects), Series 2009, of Spartanburg County, South Carolina, for the expenditure of the proceeds thereof, for the payment of said bond, and other matters relating thereto.

7. New Business

A. Consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Mr. Jeff M. Brown, T-Bro Entertainment from 12:00 noon on June 19, 2009 until 1:00 a.m. on June 20, 2009, and 12:00 noon on June 20, 2009 until 1:00 a.m. on June 21, 2009, for a Music Concert at 190 Childress Road.

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

A. Discuss date for Special Council meeting to be held after May 21 and prior to June 2 to receive information regarding Community Development Block Grant Recovery Program (CDBG-R) Amendment to FY 2008 Annual Action Plan.

10. Approval of Minutes: April 20, 2009 (Regular Meeting)

11. Adjourn