FINAL AGENDA

 

 

 

SPARTANBURG COUNTY COUNCIL

 GENERAL SESSION

MONDAY, SEPTEMBER 28, 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.     Downtown Airport Advisory Board

B.     Alcohol and Drug Abuse Commission

C.    Board of Assessment Appeals

D.    Building Code Board of Appeals and Adjustments

E.     Domestic Violence Board

F.     EMS Advisory Committee

G.    Enoree Fire District

H.     Piedmont Community Actions

I.         Poplar Springs Fire Service Area

 

 

III.       Presentation of Economic Impact Study of the Tyger River Campus, the Center for Business and Economic Development.  (Dr. Dan Terhune, President, and Mr. Mike Forrester, Spartanburg Community College, to present)  

 

 

IV.      Adjourn

 

 

 

 


 

AGENDA

ECONOMIC RECRUITMENT AND DEVELOPMENT COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, SEPTEMBER 28, 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 Ordinance authorizing the assignment and transfer to Henkel Corporation (“Henkel”) of the remaining interest of Indopco, Inc. D/B/A National Starch & Chemical Company (“Indopco”) in that certain lease agreement between Spartanburg County, South Carolina, and Indopco, dated as of December 1, 1997, and certain agreements, property, other rights, and other matters related thereto (collectively, the “assigned project”); and other matters related thereto, including the release of Indopco from its obligations under the lease agreement as to the assigned project, the assumption of those obligations by Henkel, and the continuation of a fee in lieu of tax pertaining to such lease agreement for the benefit of Henkel.  (Mr. Carter Smith, Economic Futures Group, and Mr. Carter Deupree, Haynsworth Sinkler Boyd, to present) – (Action Requested:  Render first reading to Ordinance)

B.       Receive information and take desired action in reference to an Ordinance authorizing the issuance and sale of not exceeding $800,000,000 principal amount Spartanburg County, South Carolina Industrial Development Revenue Bonds (BMW Project) Series 2009; the application of the proceeds of said bonds to defray the costs of the acquisition of certain industrial facilities and certain machinery, equipment and other personal property for use in conjunction therewith; the provision of an infrastructure credit in connection with such costs; the execution and delivery of a revised and restated lease between the County, BMW Manufacturing Co., LLC and SB Acquisitions, Inc. and of certain other documents relating to the foregoing; and other matters relating thereto.  (Mr. Carter Smith, Economic Futures Group, and Mr. George Wolfe, Nelson Mullins, to present) – (Action Requested:  Render first reading to Ordinance by title)

C.      Receive information and take desired action in reference to an Ordinance authorizing the execution and delivery of a Special Source Revenue Credit Agreement by and between Spartanburg County, South Carolina, and Merit Leasing, LLC, 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.  (Attorney Michael Kozlarek or Attorney Alex Evins, Parker Poe, to present) – (Action Requested:  Render first reading to Ordinance)  

D.     Receive information and take desired action in reference to a Resolution approving an inducement Agreement for a five-year partial exemption to an unrelated purchaser who preserves the existing facilities and the existing number of jobs.  (StarChem, LLC) - (Mr. Carter Smith, Economic Futures Group; Attorney Margaret Pope, Pope Zeigler; Jerry Watkins, CPA; Kevin Harris, StarChem; and Peter Chetcuti, StarChem Plant Manager, to present)- (Action Requested:  Adopt Resolution)

E.      Receive information and take desired action in reference to an Ordinance consenting to an extension of the investment period for NURRC, LLC under its fee in lieu of tax agreement with Spartanburg County dated December 4, 2007, the provision of an additional infrastructure credit, and other matters related thereto.  (Mr. Carter Smith, Economic Futures Group, and Mr. Edward Kluiters, Haynsworth Sinkler Boyd, to present) – (Action Requested:  Render first reading to Ordinance)

 

 

III.                  Other

 

 

IV.        Adjourn


 

AGENDA

PUBLIC HEALTH and HUMAN SERVICES COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, SEPTEMBER 28, 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, SEPTEMBER 28, 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 addition of three grant funded positions in the Circuit Solicitor’s Office.  (Solicitor Trey Gowdy to present)

B.     Receive information and take desired action in reference to an Ordinance to provide for the issuance and sale of not exceeding one million seven hundred fifty thousand dollars ($1,750,000) Spartanburg County, South Carolina, General Obligation Bonds (Woodruff Community Fire Service Area Project), Series 2009; to prescribe the purposes for which the proceeds shall be expended; to provide for the payment thereof; and other matters relating thereto.  (Chief Steven Quinn, Woodruff Fire Department, and/or Teressa Cawley, SMA (Southern Municipal Advisory) to present) – (Action Requested:  Render first reading to Ordinance)

C.    Receive updated financial data and personnel vacancy report.

 

 

III.                  Other

 

 

IV.               Adjourn


 

AGENDA

LIVABILITY COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, SEPTEMBER 28, 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 in reference to Bike Pedestrian Master Plan.  (Ms. Lisa Bollinger, SPATS MPO Intermodal Transportation Planner, to present)

 

 

III.         Other

 

 

IV.        Adjourn

 

 

 

 

 


 

AGENDA

PUBLIC SAFETY and JUDICIARY COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, SEPTEMBER 28, 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 Sheriff’s Office Mobile Data Terminal Project.  (Captain Neal Urch, Sheriff’s Office, to present)

B.     Receive information and take desired action in reference to authorizing the Commission of Environmental Enforcement Officer Paul Berry as a Spartanburg County Law Enforcement Officer.  (Action Requested:  Authorize Commission)

C.    Receive information regarding activities of Building Codes Department.

 

 

III.         Other

 

 

IV.        Adjourn

 

 

 


 

AGENDA

LAND USE COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, SEPTEMBER 28, 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

 

A.     Receive information and take desired action in reference to an Ordinance amending the Spartanburg County Unified Land Management Ordinance, Ordinance Number O-99-015, as amended, to provide certain design standards for commercial and industrial uses and to provide for the amendment of certain definitions and for certain new definitions.  (Mr. Chris Story to present) - (Action Requested:  Render third reading to Ordinance) 

B.     Receive Planning Department Reports on Development Activity.

 

 

III.       Other

 

 

IV.               Adjourn


 

AGENDA

PUBLIC WORKS, BUILDINGS & GROUNDS COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, SEPTEMBER 28, 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 and take desired action in reference to authorizing the County Administrator to execute an agreement with Lockhart Power Company for a waste-to-energy project at the county’s Wellford Landfill.  (Mr. Chris Story and Mr. Bryan Stone, CEO of Lockhart Power Company, to present)

B.           Receive information regarding activities of Public Works Department.

 

 

III.         Other                                                              

 

 

V.                 Adjourn

 

 


 

MAIN AGENDA

County Council Meeting

 

MONDAY, SEPTEMBER 28, 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 expressing recognition and appreciation for the pride and honor bestowed upon Spartanburg County by the achievements of Robert E. Brown, III (Trey) for winning second place in firefighting at the national SkillsUSA Championship.

B.         Resolution recognizing the founding of Mabry’s Temple Bibleway Church of Campobello, South Carolina and its Pastor, Bishop S. Derrall Beason, D.D., for his faithful and dedicated service.

C.         Resolution O-09-31 expressing recognition and appreciation for the pride and honor bestowed upon Spartanburg County.  

 

 

3.                  Conduct Public Hearings Pertaining to the Following:

 

A.     To consider an Ordinance amending the Spartanburg County Unified Land Management Ordinance, Ordinance Number O-99-015, as amended, to provide certain design standards for commercial and industrial uses and to provide for the amendment of certain definitions and for certain new definitions.

B.     To consider an Ordinance to amend the International Property Maintenance Code previously adopted by Ordinance Number O-00-014, as amended by Ordinance Number O-04-15, to further amend Section 302.1 relating to the responsibility to keep exterior property clean and sanitary and to amend Section 302.4 to provide that weeds and plant growth shall not exceed a height of eighteen (18) inches on premises and exterior property.

C.    To consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Greer Dragway from 11:00 a.m. on Saturday, November 21, 2009 until midnight for a drag race at 1792 Dragway Road, Greer.

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. on Thursday, October 22, 2009 until 11:00 p.m. for a Fall Festival at 8740 Asheville Highway, Spartanburg.

E.     To consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Lao Association of Spartanburg from 10:00 a.m. on Saturday, October 3, 2009 until 2:00 a.m. and from 10:00 a.m. on Sunday, October 4, 2009 until 12:00 p.m. for a 20th Anniversary Celebration at 470 Fox Drive, Spartanburg.

F.     To consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Polk County Red Cross from 7:00 p.m. until 1:00 a.m. every Friday and Saturday night in October for a Haunted Trail Fundraiser at 875 Christopher Road, Campobello.

G.    To consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Timothy Jones from 6:00 p.m. until 2:00 a.m. on October 2, 2009 through October 31, 2009, for Wompus Woods Haunted Trail at 231 Parris Road, Cowpens.

H.     To consider an Application for special Public Event Exclusion from the Noise Ordinance requested by John M. Brown from 7:30 p.m. until 10:30 p.m. on weekdays and 7:30 p.m. until 1:00 a.m. on Friday and Saturday from October 2, 2009 through October 31, 2009 for a Haunted Trail at 3411 Reidville Road, Spartanburg.

 

 

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

 

A.     Receive information and take desired action in reference to an Ordinance authorizing the assignment and transfer to Henkel Corporation (“Henkel”) of the remaining interest of Indopco, Inc. D/B/A National Starch & Chemical Company (“Indopco”) in that certain lease agreement between Spartanburg County, South Carolina, and Indopco, dated as of December 1, 1997, and certain agreements, property, other rights, and other matters related thereto (collectively, the “assigned project”); and other matters related thereto, including the release of Indopco from its obligations under the lease agreement as to the assigned project, the assumption of those obligations by Henkel, and the continuation of a fee in lieu of tax pertaining to such lease agreement for the benefit of Henkel.  (Action Requested:  Render first reading to Ordinance)

B.     Receive information and take desired action in reference to an Ordinance authorizing the issuance and sale of not exceeding $800,000,000 principal amount Spartanburg County, South Carolina Industrial Development Revenue Bonds (BMW Project) Series 2009; the application of the proceeds of said bonds to defray the costs of the acquisition of certain industrial facilities and certain machinery, equipment and other personal property for use in conjunction therewith; the provision of an infrastructure credit in connection with such costs; the execution and delivery of a revised and restated lease between the County, BMW Manufacturing Co., LLC and SB Acquisitions, Inc. and of certain other documents relating to the foregoing; and other matters relating thereto.  (Action Requested:  Render first reading to Ordinance by title)

C.    Receive information and take desired action in reference to an Ordinance authorizing the execution and delivery of a Special Source Revenue Credit Agreement by and between Spartanburg County, South Carolina, and Merit Leasing, LLC, 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.  (Attorney Michael Kozlarek, Parker Poe, to present) – (Action Requested:  Render first reading to Ordinance)

D.    Receive information and take desired action in reference to a Resolution approving an Inducement Agreement for a five-year partial exemption to an unrelated purchaser who preserves the existing facilities and the existing number of jobs.  (StarChem, LLC) - (Action Requested:  Adopt Resolution)

E.     Receive information and take desired action in reference to an Ordinance consenting to an extension of the investment period for NURRC, LLC under its fee in lieu of tax agreement with Spartanburg County dated December 4, 2007, the provision of an additional infrastructure credit, and other matters related thereto.  (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 addition of three grant funded positions in the Circuit Solicitor’s Office. 

B.     Receive information and take desired action in reference to an Ordinance to provide for the issuance and sale of not exceeding one million seven hundred fifty thousand dollars ($1,750,000) Spartanburg County, South Carolina, General Obligation Bonds (Woodruff Community Fire Service Area Project), Series 2009; 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.    Receive updated financial data and personnel vacancy report. 

 

 

LIVABILITY COMMITTEE - Hon. Tom Foster, Chairman

 

A.     Receive information in reference to Bike Pedestrian Master Plan.

 

 

PUBLIC SAFETY AND JUDICIARY COMMITTEE

Hon. Michael Brown, Chairman

 

A.     Receive information and take desired action in reference to Sheriff’s Office Mobile Data Terminal Project. 

B.     Receive information and take desired action in reference to authorizing the Commission of Environmental Enforcement Officer Paul Berry as a Spartanburg County Law Enforcement Officer.  (Action Requested:  Authorize Commission)

C.    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 Number O-99-015, as amended, to provide certain design standards for commercial and industrial uses and to provide for the amendment of certain definitions and for certain new definitions.  (Action Requested:  Render third 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 and take desired action in reference to authorizing the County Administrator to execute an agreement with Lockhart Power Company for a waste-to-energy project at the county’s Wellford Landfill. 

B.     Receive information regarding activities of Public Works Department.

 

 

 

 

 

 

 

6.                  Old Business:

 

A.     Render third reading to an Ordinance authorizing the execution and delivery of a fee-in-lieu of tax agreement between Spartanburg County and Iljin America Corp. and other matters relating thereto including without limitation payment of a fee-in-lieu of taxes.

B.     Render third reading to an Ordinance to amend that certain agreement for the development of a joint industrial and business park between Spartanburg County and Cherokee County dated March 19, 2007.  (Iljin America Corp.)

C.    Render third reading to an Ordinance to provide for the issuance and sale of not exceeding thirteen million dollars ($13,000,000) General Obligation Refunding and Improvement Bonds, Series 2009, in one or more series, 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. 

D.    Render second reading to an Ordinance amending Article IV of the Spartanburg County Code relating to the Spartanburg County Fire Prevention and Protection Advisory Committee and to provide for certain other editorial revisions. 

E.     Render second reading to an Ordinance to amend the International Property Maintenance Code previously adopted by Ordinance Number O-00-014, as amended by Ordinance Number O-04-15, to further amend Section 302.1 relating to the responsibility to keep exterior property clean and sanitary and to amend Section 302.4 to provide that weeds and plant growth shall not exceed a height of eighteen (18) inches on premises and exterior property.

 

 

7.                  New Business

 

A.     Consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Greer Dragway from 11:00 a.m. on Saturday, November 21, 2009 until midnight for a drag race at 1792 Dragway Road, Greer.

B.     Consider an Application for special Public Event Exclusion from the Noise Ordinance requested by First Baptist North Spartanburg from 5:00 p.m. on Thursday, October 22, 2009 until 11:00 p.m. for a Fall Festival at 8740 Asheville Highway, Spartanburg.

C.    Consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Lao Association of Spartanburg from 10:00 a.m. on Saturday, October 3, 2009 until 2:00 a.m. and from 10:00 a.m. on Sunday, October 4, 2009 until 12:00 p.m. for a 20th Anniversary Celebration at 470 Fox Drive, Spartanburg.

D.    Consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Polk County Red Cross from 7:00 p.m. until 1:00 a.m. every Friday and Saturday night in October for a Haunted Trail Fundraiser at 875 Christopher Road, Campobello.

E.     Consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Timothy Jones from 6:00 p.m. until 2:00 a.m. on October 2, 2009 through October 31, 2009, for Wompus Woods Haunted Trail at 231 Parris Road, Cowpens.   

F.     Consider an Application for special Public Event Exclusion from the Noise Ordinance requested by John M. Brown from 7:30 p.m. until 10:30 p.m. on weekdays and 7:30 p.m. until 1:00 a.m. on Friday and Saturday from October 2, 2009 through October 31, 2009 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

 

Discuss the possibility of changing the November 2009 Council meeting to the fourth Monday, November 23, 2009. 

 

 

10.       Approval of Minutes:   August 17, 2009 (Regular Meeting)  

                                                   August 25, 2009 (Public Safety Committee Meeting)

August 31, 2009 (Commercial Design Standards 

 Ad Hoc Committee Meeting)              

       

 

11.      Adjourn